Chapter 69 - PARKING REGULATIONS

69.01 PARK ADJACENT TO CURB.   No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the right-hand wheels of the vehicle within eighteen (18) inches of the curb or edge of the roadway except as hereinafter provided in the case of angle parking and vehicles parked on the left-had side of one-way street.


69.02 PARK ADJACENT TO CURB - ONE-WAY STREET.  No person shall stand or park a vehicle on the left-hand side of a one-way street other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the left-hand wheels of the vehicle within eighteen (18) inches of the curb or edge of the roadway except as hereinafter provided in the case of angle parking.


69.03 ANGLE PARKING.  Angle or diagonal parking is permitted only in the following locations:
    1. DeWitt Street, on the east side, from Highway No 175 to Des Moines Avenue;
    2. DeWitt Street, on the west side, from Highway No 175 to DeCora Avenue;
    3. Dubuque Avenue, on the north side, from DeSota Street to Dayton Street;
    4. Dubuque Avenue, on the south side, from Delphi Street to DeSota Street;
    5. DeSota Street, on the east side, from Dubuque Avenue north 75 feet;
    6. DeSota Avenue, on the west side, from Dubuque Avenue north 175 feet;
    7. Des Moines Avenue, on the south side, from DeWitt Street to Dayton Street.


69.04 ANGLE PARKING - MANNER.  Upon those streets or portions of street which have been signed or marked for angle parking, no person shall park or stand a vehicle other than at an angle to the curb or edge of the roadway or in the center of the roadway as indicated by such signs and markings.  No part of any vehicle, or the load thereon, when parked within a diagonal parking district, shall extend into the roadway more than a distance of sixteen (16) feet when measured at right angles to the adjacent curb or edge of roadway.


 69.05 PARKING FOR CERTAIN PURPOSES ILLEGAL.  No person shall park a vehicle upon public property for more than seventy-two (72) hours, unless otherwise limited under the provisions of this chapter, or for any of the following principal purposes:
    1. Crosswalk.  On a crosswalk
    2. Center Parkway.  On the center parkway or dividing area of any divided street.
    3. Mailboxes.  Within twenty (20) feet on either side of a mailbox which is so placed and so equipped as to permit the depositing of mail from vehicles on the roadway.
    4. Sidewalks. On or across a sidewalk
    5. Driveway. In front of a public or private driveway.
    6. Intersection. Within an intersection or within ten (10) feet of an intersection of any street or alley.
    7. Fire Hydrant. Within five (5) feet of a fire hydrant.
    8. Stop Sign or Signal. Within ten (10) feet upon the approach to any flashing beacon, stop or yield sign, or traffic control signal located at the side of a roadway.
    9. Railroad Crossing. Within fifty (50) feet of the nearest rail of the railroad crossing, except when parked parallel with such rail and not exhibiting a red light.
    10. Fire Station. Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance when properly sign posted.
    11. Excavations. Alongside or opposite any street excavation or obstruction when such             stopping, standing or parking would obstruct traffic.
    12.Double Parking.On the roadway side of any vehicle stopped or parked at the edge or curb of a street.
    13. Hazardous Locations. When, because of restricted visibility or when standing or parked vehicles would constitute a hazard to moving traffic, or when other traffic conditions require, the Council may cause curbs to be painted with a yellow color and erect no parking or standing signs.
    14. Churches, Nursing Homes and Other Buildings.  A space of fifty (50) feet is hereby             reserved at the side of the street in front of any theatre, auditorium, hotel having more than twenty-five (25) sleeping rooms, hospital, nursing home, taxicab stand, bus depot, church or other building where large assemblages of people are being held, within which space when clearly marked as such, no motor vehicle shall be left standing, parked or stopped except in taking on or discharging passengers or freight, and then only for such length of time as is necessary for such purpose.
    15. Alleys. No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand or park a vehicle within any alley in such a position as to block the driveway entrance to any abutting property.  The provisions of this subsection shall not apply to a vehicle parked in any alley which is eighteen (18) feet wide or less; provided said vehicle is parked to deliver goods or services.
    16. Ramps. In front of a curb cut or ramp which is located on public or private property in a manner which blocks access to the curb cut or ramp.
    17. Area Between Lot Line and Curb Line. That area of the public way not covered by             sidewalk and lying between the lot line and the curb line, where curing has been installed.
    18. In more Than One Space. In any designated parking space so that any part of the vehicle occupies more than one such space or protrudes beyond the markings designating such space.


69.07 PERSONS WITH DISABILITIES PARKING. The following regulations shall apply to the establishment and use of persons with disabilities parking spaces;
    1. Establishment. Persons with disabilities parking spaces shall be established and designated in accordance with Chapter 321L of the Code of Iowa and Iowa Administrative Code, 661-18.  No unauthorized person shall establish any on-street persons with disabilities parking space without first obtaining Council approval.
    2. Improper Use. The following uses of a person with disabilities parking space, located on either public or private property, constitute improper use of a persons with disabilities parking permit, which is a violation of the Code of Ordinances;
        a. Use by an operator of a vehicle not displaying a persons with disabilities parking permit;
        b. Use by an operator of a vehicle displaying a persons with disabilities parking permit but not being used by a person issued a permit or being transported in accordance with Section 321L.2{1b} or the Code of Iowa;
        c. Use by a vehicle in violation of the rules adopted under Section 321L.8 of the Code of Iowa.
    3. Wheelchair Parking Cones. No person shall use or interfere with a wheelchair parking cone in violation of the following:
        a. A person issued a persons with disabilities parking permit must comply with the requirements of section 321L.2A(1) of the Code of Iowa when utilizing a wheelchair parking cone.
        b. A person shall not interfere with a wheelchair parking cone which is properly placed under the provisions of Section 321L.2A(1) of the Code of Iowa.


69.08 NO PARKING ZONES. No one shall stop, stand or park a vehicle in any of the following specifically designated no parking zones except when necessary to avoid conflict with other traffic or in compliance with the direction of a peace officer or traffic control signal.
    1. The 1500 block of DeSota Street, on the west side, from Des Moines Street, south to the alley;
    2. The 1500 block of DeWitt Street, between the hours of 12:00 midnight and 6:00 a.m.


69.09 TRUCK PARKING LIMITED. Excepting only when such vehicles are actually engaged in the delivery or receiving of merchandise or cargo within the prohibited area, no person shall park or leave unattended a motor truck, semi-trailer, or other motor vehicle with trailer attached on any of the following designated street.  When actually receiving or delivering merchandise or cargo, such vehicle shall be stopped or parked in a manner which will not interfere with other traffic.  The provisions of this section shall not apply to pickup, light delivery or panel delivery trucks.
    1.On any streets within the Business District;
    2.On Dubuque Avenue, on the north side, from DeSota Street west a distance of twenty-five (25) feet.


69.10 LOADING ZONE PARKING. No person shall park or leave unattended any motor vehicle on the following designated streets, except when actually engaged in the delivery or receiving of merchandise or cargo, and such vehicle shall be stopped or parked in a manner which will not interfere with other traffic.  At no time shall any vehicle parked within the area be parked for a continuous period of more than two (2) hours.
    1. On the north side of Dubuque Avenue from Delphi Street to DeSota Street.


69.11 PARKING LIMITED TO TWO HOURS.  It is unlawful to park any vehicle for a continuous period of more than two (2) hours upon the following designated streets:
    1. Lakin Street, on the south side.


69.12 PARKING LIMITED OT TEN HOURS.  It is unlawful to park any vehicle for a continuous period of more than ten (10) hours upon streets within the Business District.


69.13 SNOW REMOVAL. No person shall park, abandon or leave unattended any vehicle on any public street, alley or City-owned off-street parking area during snow removal operations unless the snow have been removed or plowed from said street, alley or parking area and the snow has ceased to fall.


69.14 CONTROLLED ACCESS FACILITIES.  Parking restrictions on controlled access facilities are as specified in Chapter 140 of the Code of Ordinances.



Chapter 40 -Public Peace

 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.

    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.

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 unreasona
ble risk or serious injury or breach of the peace, the act is not an assault.

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 the manner likely to cause the other person annoyance or harm.

        B.  Places any simulated explosive or simulated incendiary device in or near any building, vehicle, occupied by the other person.

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

        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.

    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.

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

    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.

    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.

    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.

    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.  As used in this subsection:

        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.

    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.

    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 a 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.

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.

 40.05 FAILURE TO DISPERSE. A peace office 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.

40.06 SITTING OR STANDING ON PUBLIC STREETS, ALLEYS OR PUBLIC PARKING AREAS PROHIBITED. 
It is unlawful for any person to do any of the following:

    1. To sit upon the hood, fenders, roof, trunk lid, bumpers, pickup box or truck bed of any motor vehicle parked upon the streets, alleys or public parking areas.

    2. To sit  or stand upon the streets, alleys or public parking areas except during parades or civic activities where said streets alleys or public parking areas are closed to regular vehicular traffic by authority of the Mayor or Council.

    3. To sit upon the sidewalk or curb and in so doing to allow any part of the human body to rest upon the streets, alleys or public parking areas except during parades or civic activities where said streets, alleys or public parking areas are closed to regular vehicular traffic by authority of the Mayor or Council.

    4. To sit upon any motorcycle, motorized bicycle or bicycle while such is parked upon the streets, alleys or public parking areas.


 

Chapter 46 - MINORS

46.01 CURFEW.  A curfew applicable to minors is established and shall be enforced as follows:
    1. Minors Under the Age of Fifteen (15).  Except as provided in subsection 46.01 (5), no             minor under the age of fifteen (15) years shall be in any public place between the hours of 9:30 p.m. and 6:00 a.m.
    2. Minors Between the Ages of Fifteen (15) years and Eighteen (18).  Except as provided     in subsection 46.0` (5), no minor between the ages of fifteen (15) years and eighteen (18)     years shall be in any public place between the hours of 12:00 a.m. midnight and 6:00             a.m.
    3. Responsibility of Adults.  It is unlawful for any responsible adult of any minor child to allow or permit such minor to be in or upon any of the streets, alleys, places of              business, or amusement or other public places within the curfew hours set by                subsection 46.01(1) and 46.01 (2) , except as otherwise provided in subsection 46.01(5).
    4. Responsibility of Business Establishments. It is unlawful for any persons operating a  place of business or amusement to allow or permit any minor to be in or upon any place  of business or amusement operated by them within the curfew hours set by             subsections 46.01(1) and 46.01(2).
    5. Exceptions. Exceptions to the curfew are as follow:
        a The minor is accompanied by a responsible adult.
        b. The minor is on the sidewalk or other property where the minor resides.
        c. the minor is present at or is traveling between the minor’s residence and one                 of the following:
            (1) Minor’s place of employment or, if traveling, within 30 minutes after                     the end of work;
            (2) Minor’s place of religious activity or if traveling , within 30 minutes                     after the end of the activity;    
            (3) Governmental or political activity or, if traveling, within 30 minutes                     after the end of the activity;
            (4) School activity or, if traveling, within 30 minutes after the end of the                     activity;
            (5) Assembly such as a march, protest, demonstration, sit-in or meeting                     of an association for the advancement of economic, political, religious or                     cultural matters; or for any other activity protected by the First                         Amendment of the U.S. Constitution concerning free exercise of religion,                     freedom of speech, freedom of assembly or, if traveling, within 30                         minutes after the end of such activity.
        d. The minor is on an emergency errand for a responsible adult.
        e. The minor is engaged in interstate travel through the City beginning, ending or         passing through the City when such travel is by direct route.
    6. Enforcement. Any peace office of the City while on duty is hereby empowered to             arrest any minor who violates any of the provisions of subsections 4601(1), 46.01(2) and     46.01 (5).
    7. Definitions.
        a. “Emergency errand” means, but is not limited to, an errand relating 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.
        b. “Minor” means unemancipated person under the age of eighteen (18) years.
        c. “Public place” includes shopping centers, parking lots, parks, playgrounds,                 streets, alleys and sidewalks dedicated to public use; and also includes such                 parts of buildings and other premises whether publicly or privately owned which                 are used by the general public or to which the general public is invited                     commercially for a fee or otherwise; or in or on which the general public is                 permitted without specific invitation; or to which the general public has access.                  For purposes of this section, a vehicle or other conveyance is considered to be                 a public place when in the areas defined above.
        d. “Responsible adult” means a parent, guardian or other adult specifically                 authorized by law or authorized by a parent or guardian to have custody or                 control of a minor.
        e. “Unemancipated” means unmarried and still under the custody or control of a         responsible adult.


46.02 CIGARETTES AND TOBACCO.  It is unlawful for any person under eighteen (18) years of age to smoke, use, posses, 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.


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

Chapter 105 - SOLID WASTE CONTROL


105.01 PURPOSE.  The purpose of the chapters in this Code of Ordinances pertaining to Solid Waste Control and Collection is to provide for the sanitary storage, collection and disposal of solid waste and recyclable materials and , thereby, to protect the citizens of the City from such hazards to their health, safety and welfare as may result from the uncontrolled disposal of solid waste.


105.02 DEFINITIONS.  For use in these chapters the following terms are defined:
    1. “Collector” means any person authorized to gather solid waste from public and private places.
    2. “Discard” means to place, cause to be placed, throw, deposit or drop.
    3. “Dwelling unit” means any room or group of rooms located within a structure and             forming a single habitable unit with facilities which are used, or are intended to be used, for living, sleeping, cooking and eating
    4. “Garbage” means all solid and semisolid, putrescible animal and vegetable waste             resulting from the handling, preparing, cooking, storing, serving and consuming of food or of material intended for use as food, and all offal, excluding useful industrial by-products, and includes all such substances from all public and private establishments and from all residences.
    5. “Landscape waste” means any vegetable or plant waste except garbage.  The term             includes trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery and yard trimmings.
    6. “Litter” means any garbage, rubbish, trash, refuse, waste materials or debris.
    7. “Owner” means, in addition to the record titleholder, any person residing in, renting,             leasing, occupying, operating or transacting business in any premises, and as between such parties the duties, responsibilities, liabilities and obligations hereinafter imposed shall be joint and several.
    8. “Recyclable materials” means materials that are separated from solid waste for the             purpose of recycling, including (but not limited to) aluminum, tin, various plastics,             corrugated cardboard, glass bottles, magazines and newspapers.
    9. “Refuse” means putrescible and non-putrescible waste, including but not limited to             garbage, rubbish, ashes, incinerator residues, street cleanings, market and industrial solid waste and sewage treatment waste in dry or semisolid form.
    10. “Residential premises” means a single-family dwelling and any multiple-family             dwelling.
    11. “Residential waste” means any refuse generated on the premises as a result of             residential activities.  The term includes landscape waste grown on the premises or             deposited thereon by the elements, but excludes garbage, tires and trade waste.
    12. “Rubbish” means non-putrescible solid waste consisting of combustible and non-            combustible waste, such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery or litter of any kind.
    13. “Sanitary disposal” means a method of treating solid waste so that it does not produce a hazard to the public health or safety or create a nuisance.
    14. “Sanitary disposal project” means all facilities and appurtenances including all real and personal property connected with such facilities, which are acquired, purchased,             constructed, reconstructed, equipped, improved, extended, maintained, or operated to             facilitate the final disposition of solid waste without creating a significant hazard to the             public health or safety, and which are approved by the Director of the State Department of Natural Resources.
    15. “Solid waste” means garbage, refuse, rubbish, and other similar discarded solid or             semisolid materials, including but not limited to such materials resulting from industrial,             commercial, agricultural, and domestic activities.  Solid waste may include vehicles, as             defined by subsection one of Section 321.1 of the Code of Iowa.
    16. “Volume based garbage system” means a system with an ever-increasing charge based upon number of containers utilized or upon actual weight of garbage generated.


105.03    SANITARY DISPOSAL REQUIRED.  It is the duty of each owner to provide for the sanitary disposal of all refuse accumulating on the owner’s premises before it becomes a nuisance.  Any such accumulation remaining on any premises for a period of more than thirty (30) days shall be deemed a nuisance and the City may proceed to abate such nuisances in accordance with the provisions of Chapter 50 or by initiation proper action in district court.


105.04 HEALTH AND FIRE HAZARD. It is unlawful for any person to permit to accumulate on any premises, improve or vacant, or on any public place, such quantities of solid waste that constitute a health, sanitation or fire hazard.
105.05 OPEN BURNING RESTRICTED.  No person shall allow, cause or permit open burning of combustible materials where the products of combustion are emitted into the open air without passing through a chimney or stack, except that open business is permitted in the following circumstances;
    1. Disaster Rubbish.  The open burning of rubbish, including landscape waste, for the             duration of the community disaster period in cases where an official declared emergency condition exists, provided that the burning of any structures or demolished structures is conducted in accordance with 40 CFR Section 61.145
    2. Trees and Tree Trimmings. The open burning of trees and tree trimmings at a City-            operated burning site, provided such burning is conducted in compliance with the rules             established by the State Department of Natural Resources.
    3. Flare Stacks. The open burning or flaring of waste gases, provided such open burning or flaring is conducted in compliance with applicable rules of the State Department of Natural Resources.
    4 .Landscape Waste. The disposal by open burning of landscape waste originating on the premises which shall consist of only leaves, grass clippings, small twigs and branches.  However, the burning of landscape waste produced in clearing, grubbing and construction operations shall be limited to ares located at least one-fourth (1/4) mile from any building inhabited by other that the landowner or tenant conducting the open burning.  Rubber tires shall not be used to ignite landscape waste.
    5. Recreational Fires.  Open fires for cooking, heating, recreation and ceremonies,             provided they comply with the limits for emission of visible air contaminants established by the State Department of National Resources.  Rubber tires shall not be burned in a recreational fire. Recreational burning that is offensive or objectionable because of smoke or odor emissions or when atmospheric condition or local circumstances make such fires hazardous shall be prohibited.
    6. Recreational Waste.  Backyard burning of residential waste at dwellings of four family units or less.    
    7. Training Fires.  Fires set for the purpose of conducting bona fide training of public or             industrial employees in fire fighting methods, provided that the training fires are                 conducted in compliance with rules established by the State Department of Natural             Resources.
    8. Pesticide Containers and Seed Corn Bags. The disposal by open burning of paper or             plastic pesticide containers (except those formerly containing organic forms of                 beryllium, selenium, mercury, lead, cadmium or arsenic) and seed corn bags resulting from farming activities occurring on the premises if burned in accordance with rules established by the State Department of Natural Resources.
    9. Agricultural Structures. The open burning of agricultural structures if in accordance             with rules and limitations established by the State Department of Natural Resources.
    10. Controlled Burning of a Demolished Building. The controlled burning of a                 demolished building by the City, subject to approval of the Council, provided that the             controlled burning is conducted in accordance with rules and limitations established by the State Department of Natural Resources.
    11. Variance. Any person wishing to conduct open burning of materials not permitted             herein may make application for a variance to the Director of the State Department of             Natural Resources.
    12. No open burning shall take place closer that fifty (50) feet to an adjoining or neighboring residential premise.
    13. Attendance and Extinguishment. An owner or tenant of a residential premises             engaging in opening burning shall be in constant attendance of the open burning and shall take full responsibility for the burning.  A garden hose connected to a water supply or other approved fire extinguishing equipment must be readily available at the burning site.  All fires must be extinguished by sundown, and may not be left to smolder or smoke.
    14. Law Enforcement. City Police officers or the City Fire Chief are authorized to order an owner or tenant of a residential premise to cease an open burn if smoke emission is a problem.


105.06 SEPARATION OF YARD WASTE REQUIRED All yard waste shall be separated by the owner or occupant from all other waste accumulated on the premises and shall be composted or burned on the premises.  As used in this section, ”yard waste” means any debris such as grass clipping, leaves garden waste, brush and trees.  Yard waste does not include tree stumps.


105.07 LITTERING PROHIBITED.  No person shall discard any litter onto or in any water or land, except that nothing in this section shall be construed to affect the authorized collection and discarding of such litter in or on areas or receptacles provided for such purpose.  When litter is discarded from a motor vehicle, the driver of the motor vehicle shall be responsible for the act in any case where doubt exists as to which occupant of the motor vehicle actually discarded the litter.


105.08 OPEN DUMPING PROHIBITED. 
No person shall dump or deposit or permit the dumping or depositing of any solid waste on the surface of the ground or into a body or stream of water at any place other that a sanitary disposal project approved by the Director of the State Department of Natural Resources, unless a special permit to dump or deposit solid waste or land owned or leased by such person has been obtained from the Director of the State Department of Natural Resources.  However, this section does not prohibit the used of dirt, stone, brick or similar inorganic material for fill, landscaping, excavation, or grading at places other than a sanitary disposal project.


105.09 TOXIC AND HAZARDOUS WASTE No person shall deposit in a solid waste container or otherwise offer for collection any toxic or hazardous waste.  Such materials shall be transported and disposed of as prescribed by the Director of the State Department of Natural Resources.  As used in this section, “toxic and hazardous waste” means waste materials, including but not limited to, poisons, pesticides, herbicides, acids, caustics, pathological waste, flammable or explosive materials and similar harmful waste which requires special handling and which must be disposed of in such a manner as to conserve the environment and protect the public health and safety.


105.10 WASTE STORAGE CONTAINERS.  Garbage shall not be set outdoors for collection and disposal, or for any other purpose, except when fully contained in a waste storage container.  Setting out garbage in plastic bags or paper sacks is prohibited, except when following the “bag method” under 106.10 of the Ellsworth Code of Ordinances.  If following the “bag method”, bags may only be placed outside for collection on the day of collection.  Otherwise, every person owning, managing, operating, leasing or renting any premises, dwelling unit or any place where refuse accumulates shall store refuse in waste storage containers in accordance with the following:
1. Container Specifications.  Waste storage containers shall comply with the following specifications:
        A. Residential.  Residential waste containers shall be of sufficient capacity, leak-
proof and waterproof.  They may be reusable containers.  They shall be fitted with a fly-tight lid which shall be kept in place except when depositing or removing the contents of the container.  Reusable containers shall also be light weight and of sturdy construction and have suitable lifting devices.
        B. Commercial.  Every person owning, managing, operating, leasing or renting any commercial premise where an excessive amount of refuse accumulates and where its storage in portable containers as required above is impractical, shall maintain metal bulk storage containers approved by the City.
2. Storage of Containers.  Residential solid waste container shall be stored upon the             residential premise.  Commercial solid waste containers shall be stored upon private             property, unless the owner has been granted written permission from the City to use public property for such purposes.  The storage site shall be well drained; fully accessible to collection equipment, public health site personnel and fire inspection personnel.  All owners of residential and commercial premises shall be responsible for proper storage of all garbage and yard waste to prevent materials from being blown or scattered around neighboring yards and streets.
 3. Location of Containers for Collections.  Containers for the storage of solid wast awaiting collection shall be placed at the curb or alley line by the owner or occupant of the premises served.  Container or other solid waste placed at the curb line shall not be placed more than twenty-four (24) hours in advance of the regularly scheduled collection day and shall be promptly removed from the curb line following collection.
 4. Nonconforming Containers.  Solid waste placed in containers which are not in             compliance with the provisions of this section will not be collected.


105.11 PROHIBITED PRACTICES.  It is unlawful for any person to:
    1. Unlawful Use of Containers. Deposit refuse in any solid waste containers not owned by such person without the written consent of the owner of such containers.
    2. Interfere with Collectors. Interfere in any manner with solid waste collection                 equipment or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors be those of the City, or those of any other authorized waste collection service.
    3. Location of Containers or Collection. Containers for the storage of solid waste                 awaiting collection shall be placed at the curb or alley line by the owner or occupant of the premises served.  Containers or other solid waste place at the curb line shall not be so placed more than twenty-four (24) hours in advance of the regularly scheduled collection day and shall be promptly removed from the curb line following collection.
    4. Scavenging. Take or collect any solid waste which has been placed out for collection on any premises, unless such person in an authorized solid waste collector.


105.12 SANITARY DISPOSAL PROJECT DESIGNATED. The sanitary landfill facilities operated by the North Central Iowa regional solid waste agency are hereby designated as the official “Public Sanitary Disposal Project” for the disposal of solid waste produced or originating within the City.


105.13 PENALTIES FOR OFFENSES PERTAINING TO GARBAGE AND REFUSE.  A         violation of any provision of Solid Waste Control, shall be a municipal infraction             punishable by a fine of $500.00 for a person’s first violation thereof, and a penalty of $750.00 for each repeat violation.



At times, questions and complaints are directed to City Hall.  As residents need to know the City Code of Ordinances on these subjects, eleven (11) subjects of the most prevalent have been included in this section of the Website.  If there are any other Chapters of the Code of Ordinances the public wants explained here, please make the request at City Hall.


Contents:
Chapter 40 - Public Peace

Chapter 41 - Public Health and Safety including Fireworks

Chapter 42 - Public and Private Property

Chapter 46 - Minors including Curfew hours

Chapter 50 - Nuisance Abatements Procedures

Chapter 51 - Junk and Junk Vehicles

Chapter 55 - Animal Ordinance including Vicious Dogs rules

Chapter 69 - Parking Regulations

Chapter 92 - Water Rates including service charges

Chapter 105 - Solid Waste Control, Open Burning

Chapter 122 - Peddlers, Solicitors and Transient Merchants

Chapter 151 - Trees including planting and trimming

City of Ellsworth

Chapter 51 - JUNK AND JUNK VEHICLES

51.01 DEFINITIONS. The following terms are defined:

    1. “Junk” means all old or scrap copper, brass, lead, or any other non-ferrous metal; old or discarded rope, rags, batteries, paper, trash, rubber debris, waste or used lumber, or salvaged wood; dismantled vehicles, machinery and appliances or parts of such vehicles, machinery or appliances; iron, steel or other old or scrap ferrous materials; old or discarded glass, tinware, plastic or old or discarded household goods or hardware.  Neatly stacked firewood located on a side yard or rear yard is not considered junk.

    2. “Junk vehicle” means any vehicle that is unlicensed, or placed in storage with the County Treasurer, or which has any of the following characteristics:

        A. Broken Glass.  Any vehicle with a broken or cracked windshield, window, headlight or tail light, or any other cracked or broken glass.

        B. Broken, Loose or Missing Part.  Any vehicle with a broken, loose or missing fender, door, bumper, hood, hood ornament, door handle, window handle, running board, steering wheel, trunk top, trunk handle,  radio aerial, tail pipe, decorative piece or tires in a condition that would impair the safe operation of the vehicle.

        C. Habitat for Nuisance Animals or Insects.  Any vehicle which has become the habitat for rats, mice or snakes or any other vermin or insects.

        D. Flammable Fuel.  Any vehicle which contains gasoline or any other flammable fuel.

        E. Inoperable.  Any motor vehicle which lacks an engine or two or more wheels or other structural parts, rendering said motor vehicle totally inoperable, or which cannot be moved under its own power or has not been used as an operating vehicle for a period of thirty (30) days or more.

        F.  Defective or Obsolete Condition.  Any other vehicle which, because of its defective or obsolete condition, in any other way constitutes a threat to the public health and safety.

Mere licensing of such vehicle shall not constitute a defense to the finding that the vehicle is a junk vehicle.

    3.  “Vehicle” means every device in, upon, or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and includes without limitation a motor vehicle, automobile, truck, motorcycle,      tractor, buggy, wagon, farm machinery, or any combination thereof.

51.02 JUNK AND JUNK VEHICLES PROHIBITED.    It is unlawful for any person to store, accumulate, or allow to remain on any private property within the corporate limits of the city any junk or junk vehicle.

51.03 JUNK AND JUNK VEHICLES A NUISANCE. It is hereby declared that any junk or junk vehicle located upon private property, constitutes a threat to the health and safety of the citizens and is a nuisance within the meaning of Section 657.1 of Code of Iowa.  If any junk or junk vehicle is kept upon private property in violation hereof, the owner of or person occupying the property upon which it is located shall be prima facie liable for said violation.

51.04 EXCEPTIONS. The provisions of this chapter do not apply to any junk or a junk vehicle stored within a garage or other enclosed structure.

51.05 NOTICE TO ABATE. Upon discovery of any junk or junk vehicle located upon private property in violation, the City shall within five (5) days initiate abatement procedures.

Chapter 151 - TREES

151.01 Definition: For use in this chapter, “parking” means that part of the street, avenue or highway in the City not covered by sidewalk and lying between the lot line and the curb line, or, on unpaved streets, that part of the street, avenue or highway lying between the lot line and, that portion of the street usually traveled by vehicular traffic.

151.02 Planting Restrictions: No tree shall be planted in any parking or street except in accordance with the following:
    
    1. Alignment:  All trees planted in any street shall be planted in the parking midway between the outer line of the sidewalk and the curb.  In the event a curb line is not established, trees shall be planted on a line ten (10) feet from the property line.

    2. Spacing: Trees shall not be planted on any parking which is less than nine (9) feet in width, or contains less that eighty-one (81) square feet of exposed soil surface per tree.  Trees shall not be planted closer than twenty (20) feet from street intersections (property line extended) and ten (10) feet from driveways.  If it is at all possible trees should be planted inside the property lines and not between the sidewalk and the curb.

    3. Prohibited Trees.  No person shall plant in any street any fruit-bearing tree or any tree of the kinds commonly known as cottonwood, poplar, box elder, Chinese elm, evergreen, willow or black walnut.

151.03 Duty to Trim Trees:  The owner or agent of the abutting property shall keep the trees on, or overhanging the street, trimmed so that all branches will be at least fifteen (15) feet above the surface of the street and eight (8) feet above the sidewalks.  If the abutting property owner fails to trim the trees, the City may serve notice on the abutting property owner requiring that such action be taken within five (5) days.  If such action is not taken within that time, the City may perform the required action and assess the costs against the abutting property for collection in the same manner as a property tax.
(Code of Iowa, Sec 364.12 [2c, d & e])

151.04 Trimming Trees to be Supervised:  Except as allowed in Section 151.03, it is unlawful for any person to trim or cut any tree in a street  or public place unless the work is done under the supervision of the City.

151.05 Disease Control: Any dead, diseased or damaged tree or shrub which may harbor serious insect or disease pests or disease injurious to other trees is hereby declared to be a nuisance.

151.06 Inspection and Removal: The Council shall inspect or cause to be inspected any trees or shrubs in the City reported or suspected to be dead, diseased or damaged, and such trees and shrubs shall be subject to the following:

    1. City Property.  If it is determined that any such condition exists on any public             property, including the strip between the curb and the lot line of private property, the Council may cause such condition to be corrected by treatment or removal.  The council may also order the removal of any trees on the streets of the City which interfere with the making of improvements or with travel thereon.

    2. Private Property.  If it is determined with reasonable certainty that any such             condition exists on private property and that danger to other trees or to adjoining property or passing motorists or pedestrians is imminent, the Council shall notify by certified mail the owner, occupant or person in charge of such property to correct such condition by treatment or removal within fourteen (14)  days of said notification.  If such owner occupant or person in charge of said property fails to comply within 14 days of receipt of notice, the Council may        cause the condition to be corrected and the cost assessed against the property.

(Code of Iowa, Sec. 364.12 [3b & h])

Chapter 92 - WATER RATES

92.01 Service Charges.   Each customer shall pay for water service provided by the City based upon use of water as determined by meters provided for in Chapter 91.  Each location, building, premises or connection shall be considered a separate and distinct customer whether owned or controlled by the same person or not.

92.02 RATES FOR SERVICE. Water service shall be furnished at the following monthly rates within the City.

    1.  Basic Service Charge.  A basic service charge of $20.00 per month.

    2. Usage Charge.  A usage charge of $5.90 per 1,000 gallons of water used each month.

92.03 RATES OUTSIDE THE CITY. Water service shall be provided to any customer located outside the corporate limits of the City which the City has agreed to serve at the same rates provided in Section 92.02.  No such customer, however, will be served unless the customer shall have signed a service contract agreeing to be bound by the ordinances, rules and regulations applying to water service established by the Council.

92.04 BILLING FOR WATER SERVICE.  Water service shall be billed as part of a combined service account, payable in accordance with the following:

    1 Bills Issued. The Clerk shall prepare and issue bills for combined service account on or before the first day of each month.

    2.Bills Payable. Bills for combined service accounts shall be due and payable at the office of the Clerk by the twentieth (20) day of the month.

    3.Late Payment Penalty. Bills not paid when due shall be considered delinquent.  A one-            time late payment penalty of one percent (1%) of the amount due shall be added to  each delinquent bill.

    4. Back Bills. Should a back bill be owed, payment on the back bill must be made, or             default shall exist and disconnection proceedings initiated, as though payment had not             been made on a current bill.

92.05 SERVICE DISCONTINUED. Water service to delinquent customers shall be discontinued in accordance with the following:

    1. Notice.  The Clerk shall Notify each delinquent customer that service will be                 discontinued if payment of the combined service account, including late payment             charges, is not received by the date specified in the notice of delinquency.  Such notice             shall be sent by ordinary mail and shall inform the customer of the nature of the                 delinquency and afford the customer the opportunity for a hearing prior to the                 discontinuance.

    2.Notice to Landlords. If the customer is a tenant, and if the owner or landlord of the             property has made a written request for notice, the notice of delinquency shall also be             given to the owner or landlord.

    3.Hearing. If a hearing is requested by noon of the day preceding the shut off, the             Utilities and Street Committee shall conduct an informal hearing and shall make a             determination as to whether the disconnection of justified.  The customer has the right to appeal the Committee’s decision to the Council, and if the Council finds that disconnection if justified, then such disconnection shall be made, unless payment has been received.

    4. Fees. A fee of twenty dollars ($20.00) shall be charged before service is restored to a             delinquent customer.  No fee shall be charged for the usual or customary trips in the             regular changes in occupancies of property.

92.06 LIEN FOR NONPAYMENT.  The owner of the premises served any lessee or tenant thereof shall be jointly and severally liable for water service charges to the premises.  Water     service charges remaining unpaid and delinquent shall constitute a lien upon the premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes.

92.07 LIEN EXEMPTION.  The lien for nonpayment shall not apply to a residential rental property where water service is separately metered and the rates or charges for the water service are paid directly to the City by the tenant, if the landlord gives written notice to the City that the property is residential rental property and that the tenant is liable for the rates or charges.  The City may require a deposit not exceeding the usual cost of ninety (90) days of water service be paid to the City.  The landlord’s written notice shall contain the name of the tenant responsible for charges, the address of the rental property and the date of occupancy.  A change in tenant shall require a new written notice to be given to the City within ten (10) business days of the change in tenant.  When the tenant moves from the rental property, the City shall refund the deposit if the water service charges are paid in full.  A change in the ownership of the residential rental property shall require written notice of such change to be given to the City within ten business days of the completion of the change of ownership.  The lien exemption does not apply to delinquent charges for repairs to a water service.

92.08 LIEN NOTICE.  A lien for delinquent water service charges shall not be certified to the County Treasurer unless prior written notice of intent to certify a lien is given to the customer.  If the customer is a tenant and if the owner of landlord of the property has made a written request for notice, the notice shall also be given to the owner or landlord.  The notice shall be sent to the appropriate persons by ordinary mail not less than thirty (30) days prior to certification of the lien to the County Treasurer.

92.09 CUSTOMER DEPOSITS. There shall be required from every customer who is a tenant of residential or commercial premises served a fifty dollar ($50.00) deposit intended to guarantee the payment of bills for service.

92.10 TEMPORARY VACANCY.
A property owner may request water service be temporarily discontinued and shut off at the curb valve when the property is expected to be vacant for an extended period of time.  There shall be a ten dollar ($10.00) fee collected for shutting the water off at the curb valve and a ten dollar ($10.00) fee for restoring service.  During a period when service is temporarily discontinued as provided herein there shall be no monthly minimum service charge.  The City will not drain pipes or pull meters for temporary vacancies.


Chapter 41 - Public Health and Safety


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.


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


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 of employee’s duty.


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 of execution by any authorized person of any civil or criminal process or order of any court.  The terms “resist” or 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.


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.


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.


41.08 BARBED WIRE AND ELECTRIC FENCES.  It is unlawful for a person to use barbed wire or electric fences to enclose land within the City limits without the written consent of the Council unless such land consists of ten (10) acres or more and is used as agricultural land.


41.09 DISCHARGING WEAPONS.
    1. It is unlawful for a person to discharge rifles, shotguns, revolvers, pistols, 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.


41.10 THROWING AND SHOOTING.  It is unlawful for a person to throw stones, bricks or missiles of any kind or to shoot arrows, paintballs, rubber guns, slingshots, air rifles BB guns 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.


41.11 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, on onto any public or private land.


41.12 FIREWORKS Following are the limitations on using fireworks according to the Iowa State Code:
A person shall not use or explode consumer fireworks on days other than June 1 through July 8 and December 10 through January 3 of each year, all dates inclusive.
A person shall not use or explode consumer fireworks at times other than between the hours of 9:00 am and 10:00 pm, except that on the following dates consumer fireworks shall not be used at times other than between the hours specified:
    1) Between the hours of 9:00 am and 11:00 pm on July 4 and the Saturdays and                 Sundays immediately preceding and following July 4.
    2) Between the hours of 9:00 am and 11:00 pm on the Saturdays and Sundays                 immediately preceding and following December 31.
    c)  A person shall not use consumer fireworks on real property other than that person’s             real property or on the real property of a person who has consented to the use of             consumer fireworks on that property.
    d) A person who violates this subsection commits a simple misdemeanor.  A court shall             not order imprisonment for violation of this subsection.


Chapter 55 - Animal Protection and Control Ordinance

55.01 DEFINITIONS. The following erms are defined for used in this chapter
    1 “Advertise” means to present a commercial message in any medium including but not limited to print, radio, television, sign, display,  label, tag or articulation.
    2. “Animal” means a nonhuman vertebrate.
    3  “At large” means any animal off the premises of the owner and not under the control of a competent person by lease and collar or restrained within a motor vehicle or housed in a veterinary hospital or kennel.
    4. “Business” means any enterprise relating to any of the following:
        a. The sale or offer for sale of goods or services.
        b. A recruitment for employment or membership in an organization.
        c. A solicitation to make an investment.
        d. An amusement or entertainment activity.
    5. “Fair” means any of the following:
        a. The annual fair and exposition held by the Iowa State Fair Board pursuant to  Chapter 173 of the Code of Iowa or any fair event conducted by a fair under the  provisions of Chapter 174 of the Code of Iowa.
        b.  An exhibition of agricultural or manufactured products.
        c. An event  for operation of amusement rides or devices or concession booths.
    6. “Game” means a “game of chance” or “game of skill” as defined in Section 99B.1 of the Code of Iowa.
    7. “Livestock” means an animal belonging to the bovine, caprine, equine, ovine or porcine species, ostriches, rheas and emus; farm deer as defined in Section 170.1 of  the Code of Iowa; or poultry.
    8. “Owner” means any person owning, keeping, sheltering or harboring an animal.
    9. “Pet” means a living dog, cat or an animal normally maintained in a small tank or cage in or near a residence, including by not limited to a rabbit, gerbil, hamster, mouse,  parrot, canary, mynah, finch, tropical fish, goldfish, snake, turtle, gecko or iguana.


55.02 ANIMAL NEGLECT It is unlawful for a person who impounds or confines, in any place, an animal, excluding livestock, to fail to supply the animal during confinement with a sufficient quantity of food or water, or to fail to provide a confined dog or cat with adequate shelter, or to torture, deprive of necessary sustenance, mutilate, beat or kill such animal by any means which causes unjustified pain, distress or suffering.


55.03 LIVESTOCK NEGLECT. it is unlawful for a person who impounds or confines livestock in any place to fail to provide the livestock with care consistent with customary animal husbandry practices or to deprive the livestock of necessary sustenance or to injure or destroy livestock by any means which causes pain or suffering in a manner inconsistent with customary animal husbandry practices.


55.04 ABANDONMENT OF CATS AND DOGS.  A person who has ownership or custody of a cat or dog shall not abandon the cat or dog, except the person may deliver the cat or dog to another person who will accept ownership and custody or the person may deliver the cat or dog to an animal shelter or pound.


55.05 LIVESTOCK.  It is unlawful for a person to keep livestock within the City except by written consent of the Council.


55.06 AT LARGE PROHIBITED, It is unlawful for any owner to allow an animal to run at large within the corporate limits of the City.


55.07 DAMAGE OR INTERFERENCE, It is unlawful for the owner of an animal to allow or permit such animal to pass upon the premises of another thereby causing damage to, or interference with, the premises.


55.08 ANNOYANCE OR DISTURBANCE, It is unlawful for the owner of a dog to allow or permit such dog to cause serious annoyance or disturbance to any person by frequent and habitual howling, yelping, barking, or otherwise, or by running after or chasing persons, bicycles, automobiles or other vehicles.


55.09 VICIOUS DOGS, No person owning, possessing, harboring or having the care of a vicious dog shall permit such animal to go unconfined upon the premises of such person and shall not permit the dog to go beyond the premises unless the dog is securely leashed and muzzled.
    Any dog of the breed known variously as American Pit Bull Terrier, American Staffordshire Terrier, or Pit Bull Terrier, or Doberman Pinscher or Doberman, or Rottweiler or any dog of mixed breed which contains a strain of such breeds, is identifiable as a vicious dog.
    A vicious dog is “unconfined” unless such dog is:
        Securely confined in a dwelling house:
        Completely enclosed in a locked, enclosed fence, pen or other structure having a height of a least six feet, such pen or structure must have secure sides which are embedded into the ground, if the bottom of the structure is not integrally connected to the structure or
        If the fence, pen or structure is less than six feet in height, it must have a secure top in addition to securely embedded sides as described in preceding paragraph.
    Any owner, keeper of harborer of a vicious dog must immediately license said dog with the City Clerk.  An application to license a vicious dog must include:
   An insurance policy or a certificate of insurance issued by an insurance company licensed to do business in the state, providing personal liability insurance coverage as in a homeowner’s policy, with a minimum liability amount of $250,000 for the injury or death of any person, for damage to property of others and for acts of negligence by the owner, or his or her agents, in the negligent keeping of such vicious dog.
    If this insurance policy or a certificate of insurance with a minimum liability amount of $250,000 for the injury of death of any person is not provided to the Clerk within twenty-four (24) of acquiring a vicious dog as previously described, the Clerk shall be directed to proceed to have the dog apprehended and confined until such time as insurance coverage is provided.  If the insurance coverage is not provided within seven calendar days from the time when a dog is apprehended, the dog will then be destroyed.
Code of Iowa Sec 351.33


55.10 RABIE VACCINATION. Every owner of a dog shall obtain a rabies vaccination for such animal.  It is unlawful for any person to own or have a dog in said person’s possession, six months of age or over, which has not been vaccinated against rabies.  Dogs kept in kennels and not allowed to run at large are not subject to these vaccination requirements.


55.11 OWNER’S DUTY It is the duty of the owner of any dog, cat or other animal which has bitten or attacked a person or any person having knowledge of such bite or attack to report this act to a local health or law enforcement official.
Code of Iowa 351.38


55.12 CONFINEMENT.  If a local board of health receives information that an animal has bitten a person or that a dog or animal is suspected of having rabies, the board shall order the owner to confine such animal in the manner it directs.  If the owner fails to confine such animal in the manner directed the animal shall be apprehended and impounded by such board, and after ten (10) days the board may humanely destroy the animal.  If such animal is returned to its owner, the owner shall pay the cost of impoundment.  This section does not apply if a police service dog or a horse used by a law enforcement agency and acting in the performance of its duties has bitten a person.


55.13 AT LARGE: IMPOUNDMENT.  Animals found at large in violation of this chapter shall be seized and impounded, or at the discretion of the peace officer, the owner may be served a summons to appear before a proper court to answer charges made thereunder.
Code of Iowa 351.37


55.14 DISPOSITION OF ANIMALS.  When an animal has been apprehended and impounded, written notice shall be provided to the owner within two (2) days after impoundment, if the owner’s name and current address can reasonably be determined by accessing a tag or other device that is on or part of the animal.  Impounded animals may be recovered by the owner upon payment of impounding costs, and if an unvaccinated dog by having it immediately vaccinated.  If the owner fails to redeem the animal with seven (7) days from the date that the notice is mailed, or if the owner cannot be located with seven days, the animal shall be disposed of in accordance with law or destroyed by euthanasia.


55.15 PET AWARDS PROHIBITED.
    1. Prohibition.  It is unlawful for any person to award a pet or advertise that a pet may be awarded as any of the following:
        a. A prize for participating in a game
        b A prize for participating in a fair.
        c. An inducement or condition for visiting a place of business or attending an  event sponsored by a business.
        d An inducement or condition for executing a contract which includes provisions unrelated to the ownership, care of disposition of the pet.
    2. Exceptions.  This section does not apply to any of the following:
        a. A pet shop licensed pursuant to Section 162.5 of the Code of Iowa if the  award of a pet is provided in connection with the sale of a pet on the premises  of the pet shop.
        b. Youth programs associated with 4-H Clubs; Future Farmers of America; the Izaak Walton League of America; or organizations associated with outdoor recreation, hunting or fishing, including but not limited to the Iowa Sportsmen’s  Federation.
55.16 ANIMAL WASTE.  Any person who walks an animal on private or public grounds shall be responsible for the proper and immediate disposal of the solid waste excreted by that animal, except when the animal is on the owner’s or keeper’s property.  This section shall not apply to animals under control of a handicapped person and specially trained for the purpose of assisting handicapped persons.  A violation of this provision, shall be a municipal infraction and punishable by a fine of $25.00 for a person’s first violation thereof, and a find of $50.00 for a person’s second or third violation, and punishable by a fine of $500.00 for each subsequent violation thereafter.
    



Chapter 122 - PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS


122.01 PURPOSE.  The purpose of this chapter is to protect residents of the City against fraud, unfair competition and intrusion into the privacy of their homes by licensing and regulating peddlers, solicitors and transient merchants.

122.02 DEFINITIONS.  For use in this chapter the following terms are defined:
    1. “Peddler” means any person carrying good or merchandise who sells or offers for sale the immediate delivery such goods or merchandise from house to house or upon the public street.
    2. “Solicitor” means any person who solicits or attempts to solicit from house to house or upon the public street any contribution or donation or any order for goods, services, subscriptions or merchandise to be delivered at a future date.
    3. “Transient merchant” means any person who engages in a temporary or itinerant merchandising business and in the course of such business hires, leases or occupies any building or structure whatsoever, or who operates out of a vehicle which is parked anywhere within the City limits.  Temporary association with a local merchant, dealer, trader or auctioneer, or conduct of such transient business in connection with, as part of, or in the name of any local merchant, dealer, trader or auctioneer does not exempt any person from being considered a transient merchant.

122.03 LICENSE REQUIRED.  Any person engaging in peddling, soliciting or in the business of a transient merchant in the City without first obtaining a license as herein provided is in violation of this chapter.

122.04 APPLICATION FOR LICENSE.  An application in writing shall be filed with the Clerk for a license under this chapter.  Such application shall set forth the applicant’s name, permanent and local address and business address if any.  The application shall also set forth the applicant’s employer, if any, and the employer’s address, the nature of the applicant’s business, the last three places of such business and the length of time sought to be covered by the license.  An application fee of two dollars ($2.00) shall be paid at the time of filing such application to cover the cost of investigating the facts stated therein.

122.05 LICENSE FEES.  The following license fees shall be paid to the Clerk prior to the issuance of any license.
    1. Solicitors.  In addition to the application fee for each person actually soliciting (principal or agent), a fee for the principal of ten dollars ($10.00) per year.
    2. Peddlers or Transient Merchants.
        A. For one day………………………….………..$5.00
        B. For one week………………………….….…$10.00
        C. For up to six (6) months……………………$20.00
        D. For one year or major part thereof………..$25.00


122.06 BOND REQUIRED.  Before a license under this chapter is issued to a transient merchant, an applicant shall provide to the Clerk evidence that the applicant has filed a bond with the Secretary of State in accordance with Chapter 9C of the Code of Iowa.

122.07 LICENSE ISSUED. If the Clerk finds the application is completed in conformance with the requirements of this chapter, the facts stated therein are found to be correct and the license fee paid, a license shall be issued immediately.

122.08 DISPLAY OF LICENSE.  Each solicitor or peddler shall keep such license in possession at all times while doing business in the City and shall, upon the request of prospective customers, exhibit the license as evidence of compliance with all requirements of this chapter.  Each transient merchant shall display publicly such merchant’s license in the merchant’s place of business.

122.09 LICENSE NOT TRANSFERABLE. Licenses issued under the provisions of this chapter are not transferable in any situation and ae to be applicable only to the person filing the application.

122.10 TIME RESTRICTION.  All peddler’s and solicitor’s licenses shall provide that said licenses are in force and effect only between the hours of eight o’clock (8:00) a.m. and six o’clock (6:00) p.m.

122.11 REVOCATION OF LICENSE.  After notice and hearing, the Clerk may revoke any license issued under this chapter for the following reasons:
 1. Fraudulent Statements.  The licensee has made fraudulent statement in the application for the licensee or in the conduct of the business.

2. Violation of Law.  The licensee has violated this chapter or has otherwise conducted the business in an unlawful manner.
3. Endangered Public Welfare, Health or Safety.  The licensee has conducted the business in such manner as to endanger the public welfare, safety, order or morals.

122.12 NOTICE. The Clerk shall send a notice to the licensee at the licensee’s local address, not less than ten (10) days before the date set for a hearing on the possible revocation of a license.  Such notice shall contain particulars of the complaints against the licensee, the ordinance provisions or State statutes allegedly violated, and the date, time and place for hearing on the matter.

122.13 HEARING.  The Clerk shall conduct a hearing at which both the licensee and any complainants shall be present to determine the truth of the facts alleged in the complaint and notice.  Should the licensee, or authorized representative, fail to appear without good cause, the Clerk may proceed to a determination of the complaint.

122.14 RECORD AND DETERMINATION.  The Clerk shall make and record findings of fact and conclusions of law, and shall revoke a license only when upon review of the entire record the Clerk finds clear and convincing evidence of substantial violation of this chapter or State law.

122.15 APPEAL. If the Clerk revokes or refuses to issue a license, the Clerk shall make a part of the record the reasons therefor.  The licensee, or the applicant, shall have a right to a hearing before the Council at its next regular meeting.  The Council may reverse, modify or affirm the decision of the Clerk by a majority vote of the Council members present and the Clerk shall carry out the decision of the Council.

122.16 EFFECT OF REVOCATION. Revocation of any license shall bar the licensee from being eligible for any license under this chapter for a period of one year from the date of the revocation.

122.17 REBATES.  Any licensee, except in the case of a revoked license, shall be entitled to a rebate of part of the fee paid if the license is surrendered before it expires.  The amount of the rebate shall be determined by dividing the total license fee by the number of days for which the license was issued and then multiplying the result by the number of full days not expired.  It all cases, as least five dollars ($5.00) of the original fee shall be retained by the City to cover administrative costs.

122.18 LICENSE EXEMPTIONS.  The following are excluded from the application of this chapter.
 1.  Newspapers. Persons delivering, collecting for or selling subscriptions to newspapers.
 2. Club Members.  Members of local civic and service clubs, Boy Scout, Girl Scout, 4-H Clubs, Future Farmers of America and similar organizations.
3. Local Residents and Faarmers. Local residents and farmers who offer for sale their own products.
 4. Students.  Students representing the South Hamilton Community School District conducting projects sponsored by organizations recognized by the school.
5. Roust Sales.  Route delivery persons who only incidentally solicit additional business or make special sales.
6. Resale or Institutional Use. Persons customarily calling on businesses or institutions for the purposes of selling products for resale or institutional use.

122.19 CHARITABLE AND NONPROFIT ORGANIZATIONS.  Authorized representatives of charitable or non profit organizations operating under the provisions of Chapter 504A of the Code of Iowa desiring to solicit money or to distribute literature are exempt from the operation of Sections 122.04 and 122.05.  All such organizations are required to submit in writing to the Clerk the name and purpose of the cause for which such activities are sought, names and addresses of the officers and directors of the organization, the period during which such activities are to be carried on and whether any commissions, fees or wages are to be charged by the solicitor and the amount thereof.  If the Clerk finds that the organization is a bona fide charity or nonprofit organization the Clerk shall issue, free of charge, a license containing the above information to the applicant.  In the event the Clerk denies the exemption, the authorized representatives of the organization may appeal the decision to the Council, as provided in Section 122.15 of this Chapter.

Chapter 50 - NUISANCE ABATEMENT PROCEDURE

50.01 DEFINITION OF NUISANCE.  Whatever is injurious to health, indecent, or unreasonably offensive to the senses, or an obstruction to the free use of property so as essentially to interfere unreasonably with the comfortable enjoyment of life or property is a nuisance.


50.02 NUISANCE ENUMERATED. The following subsections include, but do not limit, the conditions which are deemed to be nuisances in the City:
    1. Offensive Smells. Erecting, continuing or using any building or other place for the exercise of any trade, employment or manufacture, which by occasioning noxious exhalations, unreasonably offensive smells or other annoyances, becomes injurious and dangerous to the health, comfort or property of individuals or the public.
    2. Filth or Noisome Substance. Causing or suffering any offal, filth or noisome substance to be collected or to remain in any place to the prejudice of others.
    3. Impeding Passage of Navigable River. Obstructing or impeding without legal authority the passage of any navigable river, harbor or collection of water.
    4. Water Pollution. Corrupting or rendering unwholesome or impure the water of any river, stream, or pond, or unlawfully diverting the same from its natural course or state,  to the injury or prejudice of others.
    5. Blocking Public and Private Ways. Obstruction or encumbering, by fences, buildings or otherwise, the public roads, private ways, streets, alley, commons, landing places or burying ground.
    6. Billboards. Billboards, signboards and advertising signs, whether erected and constructed on public or private property, which so obstruct and impair the view of any portion or part of a public street, avenue, highway, boulevard or alley or of a railroad or street railway track as to render dangerous the use thereof.
    7. Storing of Flammable Junk. Depositing or storing of flammable junk, such as old rags, rope, cordage, rubber, bones and paper, by dealers in such articles within the fire limits of the City, unless in a building of fireproof construction.
    8. Air Pollution. Emission of dense smoke, noxious fumes or fly ash.
    9. Weeds, Brush Dense growth of all weeds, vines, brush or other vegetation in the City so as to constitute a health, safety or fire hazard.
    10. Dutch Elm Disease. Trees infected with Dutch Elm Disease.
    11. Airport Air Space. Any object or structure hereafter erected within one thousand  (1000) feet of the limits of any municipal or regularly established airport or landing place, which may endanger or obstruct aerial navigation including take-off and landing, unless such object or structure constitutes a proper use or enjoyment of the land on which the same is located.
    12. Houses of Ill Fame. Houses of ill fame, kept for the purpose of prostitution and lewdness; gambling houses; places resorted to by persons participating in criminal gang activity prohibited by Chapter 723A of the Code of Iowa or places resorted to by persons using controlled substance, as defined in Section 124.101 of the Code of Iowa, in violation of law, or houses where drunkenness, quarreling, fighting or breaches of the peace are carried on or permitted to the disturbance of others.
    13. Parking and Storage. No person shall cause, undertake, permit or allow the outside parking and storage of vehicles on property used for residential purposes and/or residentially zoned property unless in complies with the following requirements.
        (1) Vehicles which are parked or stored outside in the front yard or side yard of corner lot areas must be on all-weather surface driveway which shall not exceed thirty percent (30%) of the front yard or side yard corner lot.  Driveways exceeding thirty percent (30%) of the front yard or side yard corner lot prior to adoption of the ordinance codified by this chapter are exempt, providing no additional surface area is added.  Exceptions” The prohibitions of this subsection shall not apply to the following:    
            a. Any motor truck, pickup truck or similar vehicle being used by public utility, moving company or similar company, which is actually being used to serve a residence not belonging to or occupied by the                  operator of the vehicle.
            b. Any vehicle which is actually making a pickup or delivery at the location where it is parked.  Parking for any period of time beyond the period of time reasonably necessary to make such pickup or delivery.
            c. Lawful nonconforming and permitted uses.


50.03 OTHER CONDITIONS. The following chapters of this Code of Ordinances contain regulations prohibiting or restriction other conditions which are deemed to be nuisances:
    1. Junk and Junk Vehicles (See Chapter 51)
    2. Dangerous Buildings (See Chapter 145)
    3. Drug Paraphernalia (See Chapter 52)
    4. Storage and Disposal of Solid Waste (See Chapter 105)    
    5. Trees (See Chapter 151)


50.04 NUISANCES PROHIBITED.
The creation or maintenance of a nuisance is prohibited, and a nuisance, public or private, may be abated in the manner provided for in this chapter or State law.


50.05 NUISANCE ABATEMENT.  Whenever the Mayor or other authorized municipal officer finds that a nuisance exists, such officer shall cause to be served upon the property owner a written notice to abate the nuisance within a reasonable time after notice.
    1. Description of Nuisance. A description of what constitutes the nuisance.
    2. Location of Nuisance. The location of the nuisance.
    3. Acts Necessary to Abate. A statement of the act or acts necessary to abate the nuisance.    
    4. Reasonable time. A reasonable time within which to complete the abatement.
    5. Assessment of City Costs. A statement that if the nuisance or condition is not abated as directed and no request for hearing is made within the time prescribed, the City will abate it and assess the costs against such person.


50.07 METHOD OF SERVICE. The notice may be in the form of an ordinance or sent by certified mail to the property owner.


50.08 REQUEST FOR HEARING. Any person ordered to abate a nuisance may have a hearing with the Council as to whether a nuisance exists.  A request for a hearing must be made in writing and delivered to the Clerk within the time stated in the notice, or it will be conclusively presumed that a nuisance exists and it must be abated as ordered.  The hearing will be before the Council at a time and place fixed by the Council.  The findings of the Council shall be conclusive and, if a nuisance is found to exist, it shall be ordered abated within a reasonable time under the circumstances.


50.09 ABATEMENT IN EMERGENCY.  If it is determined that an emergency exists by reason of the continuing maintenance of the nuisance or condition, the City may perform any action which may be required under this chapter without prior notice.  The City shall assess the costs as provided in Section 50.11 after notice to the property owner under the applicable provisions of Sections 50.05, 50.06 and 50.07 and hearing as provided in Section 50.08.


50.10 ABATEMENT BY CITY. If the person notified to abate a nuisance or condition neglects or fails to abate as directed, the City may perform the required action to abate, keeping an accurate account of the expense incurred.  The itemized expense account shall be filed with the Clerk who shall pay such expenses on behalf of the City.


50.11 COLLECTION OF COSTS.
The Clerk shall send a statement of the total expense incurred by certified mail to the property owner who has failed to abided by the notice to abate, and if the amount shown by the statement has not been paid with one (1) month, the Clerk shall certify the costs to the County Treasurer and such costs shall then be collected with, and in the same manner, as general property taxes.


50.12 INSTALLMENT PAYMENT OF COST OF ABATEMENT. If the amount expended to abate the nuisance or condition exceeds one hundred dollars ($100.00), the City may permit the assessment to be paid in up to ten (10) annual installments, to be paid in the same manner and with the same interest rates provided for assessments against benefited property under State law.


50.13 FAILURE TO ABATE. Any person causing or maintaining a nuisance who shall fail or refuse to abate or remove the same within the reasonable time required and specified in the notice to abate is in violation of this Code of Ordinances.

Chapter 42 - PUBLIC AND PRIVATE PROPERTY

42.01 Trespassing.  It is unlawful for a person to knowingly trespass upon the property of another.  As used in the 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.

    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.

    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.

    3. Interfering with Lawful Use of Property.  Entering upon or in private property             for the purpose or with the effect of unduly interfering with the lawful use of the             property by others.

    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.

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.

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.

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.

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.

714.8 Fraudulent practices defined.

A person who does any of the following acts is guilty of a fraudulent practice:

1. Makes, tenders or keeps for sale any warehouse receipt, bill of lading, or any other instrument purporting to represent any right to goods, with knowledge that the goods represented by such instrument do not exist.

2. Knowingly attaches or alters any label to any goods offered or kept for sale so as to materially misrepresent the quality or quantity of such goods, or the maker or source of such goods.

3. Knowingly executes or tenders a false certification under penalty of perjury, false affidavit, or false certificate, if the certification, affidavit, or certificate is required by law or given in support of a claim for compensation, indemnification, restitution, or other payment.

4. Makes any entry in or alteration of any public records, or any records of any corporation, partnership, or other business enterprise or nonprofit enterprise, knowing the same to be false.

5. Removes, alters or defaces any serial or other identification number, or any owners identification mark, from any property not the person s own.

6. For the purpose of soliciting assistance, contributions, or other thing of value, falsely represents oneself to be a veteran of the armed forces of the United States, or a member of any fraternal, religious, charitable, or veterans organization, or any pretended organization of a similar nature, or to be acting on behalf of such person or organization.

7. Manufactures, sells, or keeps for sale any token or device suitable for the operation of a coin-operated device or vending machine, with the intent that such token or device may be so used, or with the representation that they can be so used; provided, that the owner or operator of any coin-operated device or vending machine may sell slugs or tokens for use in the person s own devices.

8. Manufactures or possesses any false or counterfeit label, with the intent that it be placed on merchandise to falsely identify its origin or quality, or who sells any such false or counterfeit label with the representation that it may be so used.

9. Alters or renders inoperative or inaccurate any meter or measuring device used in determining the value of or compensation for the purchase, use or enjoyment of property, with the intent to defraud any person.

10. Does any act expressly declared to be a fraudulent practice by any other section of the Code.

11. Removes, defaces, covers, alters, or destroys any component part number as defined in section 321.1, vehicle identification number as defined in section 321.1, or product identification number as defined in section 321.1, for the purpose of concealing or misrepresenting the identity or year of manufacture of the component part or vehicle.

12. Knowingly transfers or assigns a legal or equitable interest in property, as defined in section 702.14, for less than fair consideration, with the intent to obtain public assistance under chapters 16, 35B, 35D, and 347B, or Title VI, subtitles 2 through 6, or accepts a transfer of or an assignment of a legal or equitable interest in property, as defined in section 702.14, for less than fair consideration, with the intent of enabling the party transferring the property to obtain public assistance under chapters 16, 35B, 35D, and 347B, or Title VI, subtitles 2 through 6. A transfer or assignment of property for less than fair consideration within one year prior to an application for public assistance benefits shall be evidence of intent to transfer or assign the property in order to obtain public assistance for which a person is not eligible by reason of the amount of the person s assets. If a person is found guilty of a fraudulent practice in the transfer or assignment of property under this subsection the maximum sentence shall be the penalty established for a serious misdemeanor and sections 714.9, 714.10, and 714.11 shall not apply.

13. Fraudulent practices in connection with targeted small business programs.a. (1) Knowingly transfers or assigns assets, ownership, or equitable interest in property of a business to a woman or minority person primarily for the purpose of obtaining benefits under targeted small business programs if the transfer would otherwise not be qualified for such programs.

    (2) Solicits and is awarded a state contract on behalf of a targeted small business for the purpose of transferring the contract to another for a percentage if the person transferring or intending to transfer the work had no intention of performing the work.
    
    (3) Knowingly falsifying information on an application for the purpose of                 obtaining benefits under targeted small business programs.

        b. A violation under this subsection is grounds for decertification of the                 targeted small business connected with the violation. Decertification shall be in addition to any penalty otherwise authorized by this section.

14. a. Makes payment pursuant to an agreement with a dealer or market agency for livestock held by the dealer or market agency by use of a financial instrument which is a check, share draft, draft, or written order on any financial institution, as defined in section 203C.1, if after seven days from the date that possession of the livestock is transferred pursuant to the purchase, the financial institution refuses payment on the instrument because of insufficient funds in the maker s account.

        b. This subsection is not applicable if the maker pays the holder of the                 instrument the amount due on the instrument within one business day from a receipt of notice by certified mail from the holder that payment has been refused by the financial institution.

        c. As used in this subsection, dealer means a person engaged in the business of buying or selling livestock, either on the person s own account, or as an employee or agent of a vendor or purchaser. Market agency means a person engaged in the business of buying or selling livestock on a commission basis.

15. Obtains or attempts to obtain the transfer of possession, control, or ownership, of the property of another by deception through communications conducted primarily by telephone and involving direct or implied claims that the other person contacted has won or is about to win a prize, or involving direct or implied claims that the other person contacted may be able to recover any losses suffered by such other person in connection with a prize promotion.

16. Knowingly provides false information to the treasurer of state when claiming, pursuant to section 556.19, an interest in unclaimed property held by the state, or knowingly provides false information to a person or fails to disclose the nature, value, and location of unclaimed property prior to entering into a contract to receive compensation to recover or assist in the recovery of property reported as unclaimed pursuant to section 556.11.

17. A packer who includes a confidentiality provision in a contract with a livestock seller in violation of section 202A.4.

18. a. Manufactures, creates, reproduces, alters, possesses, uses, transfers, or otherwise knowingly contributes to the production or use of a fraudulent retail sales receipt or universal product code label with intent to defraud another person engaged in the business of retailing.

        b. For purposes of this subsection:

    (1) Retail sales receipt means a document intended to evidence payment for goods or services.

    (2) Universal product code label means the unique ten-digit bar code placed on the packaging of an item that may be used for purposes including but not limited to tracking inventory, maintaining price information in a computerized database, and serving as proof of purchase of a particular item.

19. A contractor who enforces a provision in a production contract that provides that information contained in the production contract is confidential as provided in section 202.3.

20. A contract seller who intentionally provides inaccurate information with regard to any matter required to be disclosed under section 558.70, subsection 1, or section 558A.4.


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

714.1  Theft defined.
A person commits theft when the person does any of the following:

1.  Takes possession or control of the property of another, or property in the possession of another, with the intent to deprive the other thereof.

2.  Misappropriates property which the person has in trust, or property of another which the person has in the person’s possession or control, whether such possession or control is lawful or unlawful, by using or disposing of it in a manner which is inconsistent with or a denial of the trust or of the owner’s rights in such property, or conceals found property, or appropriates such property to the person’s own use, when the owner of such property is known to the person.
    a.  Failure by a bailee or lessee of personal property to return the property within     seventy-two hours after a time specified in a written agreement of lease or bailment shall be evidence of misappropriation.
    b.  If a time is not specified in the written agreement of lease or bailment for the             expiration or termination of the lease or bailment or for the return of the personal     property, failure by a lessee or bailee to return the property within five days after             proper notice to the lessee or bailee shall be evidence of misappropriation.  For the purposes of this paragraph, “proper notice” means a written notice of the expiration or termination of the lease or bailment agreement sent to the lessee or bailee by certified or restricted certified mail at the address of the lessee or bailee specified in the agreement.  The notice shall be considered effective on the date of the mailing of the notice regardless of whether or not the lessee or bailee signs a receipt for the notice.

3.  Obtains the labor or services of another, or a transfer of possession, control, or ownership of the property of another, or the beneficial use of property of another, by deception.  Where compensation for goods and services is ordinarily paid immediately upon the obtaining of such goods or the rendering of such services, the refusal to pay or leaving the premises without payment or offer to pay or without having obtained from the owner or operator the right to pay subsequent to leaving the premises gives rise to an inference that the goods or services were obtained by deception.

4.  Exercises control over stolen property, knowing such property to have been stolen, or having reasonable cause to believe that such property has been stolen, unless the person’s purpose is to promptly restore it to the owner or to deliver it to an appropriate public officer.  The fact that the person is found in possession of property which has been stolen from two or more persons on separate occasions, or that the person is a dealer or other person familiar with the value of such property and has acquired it for a consideration which is far below its reasonable value, shall be evidence from which the court or jury may infer that the person knew or believed that the property had been stolen.

5.  Takes, destroys, conceals or disposes of property in which someone else has a security interest, with intent to defraud the secured party.

6.  Makes, utters, draws, delivers, or gives any check, share draft, draft, or written order on any bank, credit union, person, or corporation, and obtains property, the use of property, including rental property, or service in exchange for such instrument, if the person knows that such check, share draft, draft, or written order will not be paid when presented.
    a.  Whenever the drawee of such instrument has refused payment because of             insufficient funds, and the maker has not paid the holder of the instrument the             amount due thereon within ten days of the maker’s receipt of notice from the holder that payment has been refused by the drawee, the court or jury may infer from such facts that the maker knew that the instrument would not be paid on presentation. Notice of refusal of payment shall be by certified mail, or by personal service in the manner prescribed for serving original notices.
    b.  Whenever the drawee of such instrument has refused payment because the             maker has no account with the drawee, the court or jury may infer from such fact that the maker knew that the instrument would not be paid on presentation.
        
7.  Obtains gas, electricity or water from a public utility or obtains cable television or telephone service from an unauthorized connection to the supply or service line or by intentionally altering, adjusting, removing or tampering with the metering or service device so as to cause inaccurate readings.

8.  Knowingly and without authorization accesses or causes to be accessed a computer, computer system, or computer network, or any part thereof, for the purpose of obtaining computer services, information, or property or knowingly and without authorization and with the intent to permanently deprive the owner of possession, takes, transfers, conceals, or retains possession of a computer, computer system, or computer network or any computer software or computer program, or computer data contained in a computer, computer system, or computer network.

9.  a.  Obtains the temporary use of video rental property with the intent to deprive the             owner of the use and possession of the video rental property without the                 consent of the owner.
    b.  Lawfully obtains the temporary use of video rental property and fails to return the video rental property by the agreed time with the intent to deprive the owner of the use and possession of the video rental property without the consent of the owner.  The aggregate value of the video rental property involved shall be the original retail value of the video rental property.

10.  Any act that is declared to be theft by any provision of the Code.