CHAPTER 41

PUBLIC HEALTH AND SAFETY

41.01  Distributing Dangerous Substances

41.08  Antenna and Radio Wires

41.02  False Reports to or Communications with Public

41.09  Barbed Wire and Electric Fences

Safety Entities

41.10  Discharging Weapons

41.03  Providing False Identification Information

41.11  Throwing and Shooting

41.04  Refusing to Assist Officer

41.12  Urinating and Defecating

41.05  Harassment of Public Officers and Employees

41.13  Fireworks

41.06  Interference with Official Acts

41.14  Drug Paraphernalia

41.07  Abandoned or Unattended Refrigerators

41.15  Public Docking


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

(Code of Iowa, Sec. 727.1)

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

(Code of Iowa, Sec. 718.6)

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

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

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

41.03   PROVIDING FALSE IDENTIFICATION INFORMATION.  No person shall knowingly provide false identification information to anyone known by the person to be a peace officer, emergency medical care provider, or firefighter, whether paid or volunteer, in the performance of any act that is within the scope of the lawful duty or authority of that officer, emergency medical care provider, or firefighter.

(Code of Iowa, Sec. 719.1A)

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

(Code of Iowa, Sec. 719.2)

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

(Code of Iowa, Sec. 718.4)

41.06   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 firefighter, 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 firefighter, or shall knowingly resist or obstruct the service or execution by any authorized person of any civil or criminal process or order of any court.  The terms “resist” and “obstruct” as used in this section do not include verbal harassment unless the verbal harassment is accompanied by a present ability and apparent intention to execute a verbal threat physically.  

(Code of Iowa, Sec. 719.1)

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

(Code of Iowa, Sec. 727.3)

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

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

41.09   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.

41.10   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.

41.11   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.

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

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

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

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

(Code of Iowa, Sec. 727.2)

2.         Regulations.  It is unlawful for any person to offer for sale, expose for sale, sell at retail, or use or explode any fireworks; provided the City may, upon application in writing, grant a permit for the display of fireworks by a City agency, fair associations, amusement parks and other organizations or groups of individuals approved by City authorities when such fireworks display will be handled by a competent operator.  No permit shall be granted hereunder unless the operator or sponsoring organization has filed with the City evidence of insurance in the following amounts:

A.        Personal Injury: - $250,000.00 per person.  

B.         Property Damage: - $50,000.00.

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

(Code of Iowa, Sec. 727.2)

3.         Exceptions.  This section does not prohibit the sale by a resident, dealer, manufacturer or jobber of such fireworks as are not prohibited; or the sale of any kind of fireworks if they are to be shipped out of State; or the sale or use of blank cartridges for a show or theatre, or for signal purposes in athletic sports or by railroads or trucks for signal purposes, or by a recognized military organization.  This section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes. 

(Code of Iowa, Sec. 727.2)

41.14   DRUG PARAPHERNALIA. 

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

A.        Manufacture a controlled substance.

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

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

D.        Enhance the effect of a controlled substance.

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

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

(Code of Iowa, Sec. 124.414)

41.15   PUBLIC DOCKING.  The Council may, at any time, provide for, erect, and maintain a municipal dock in the Mississippi River for use by small boats, said dock to be adjacent to property owned by the City or with respect to which the City has received appropriate authority.  The municipal dock so established shall be open to the public, provided that no boats shall be tied up at the dock and left unattended and provided further that no boat shall remain tied up at the municipal dock for a period in excess of fifteen (15) minutes.  The provisions of this section shall not be applicable unless a sign clearly indicating the foregoing restrictions has been erected on the dock and is plainly visible to users of the dock.