Chapter 41
Public Health and Safety
Chapter Contents
41.01 Distributing Dangerous Substances
41.07 Barbed Wire and Electric Fences
41.02 False Reports to or Communications with Public Safety Entities
41.08 Discharging Weapons
41.03 Refusing to Assist Officer
41.09 Throwing and Shooting
41.04 Harassment of Public Officers and Employees
41.10 Urinating and Defecating
41.05 Abandoned or Unattended Refrigerators
41.11 Fireworks
41.06 Antenna and Radio Wires
41.12 Interference with Official Acts
41.01 DISTRIBUTING DANGEROUS SUBSTANCES.
No person shall distribute samples of any drugs or medicine, or any corrosive, caustic, poisonous or other injurious substance unless the person delivers such into the hands of a competent person, or otherwise takes reasonable precautions that the substance will not be taken by children or animals from the place where the substance is deposited.
(Code of Iowa, Sec. 727.1)
41.02 FALSE REPORTS TO OR COMMUNICATIONS WITH PUBLIC SAFETY ENTITIES.
No person shall do any of the following:
(Code of Iowa, Sec. 718.6)
1. Report or cause to be reported false information to a fire department, a law enforcement authority or other public safety entity, knowing that the information is false, or report the alleged occurrence of a criminal act knowing the act did not occur.
2. Telephone an emergency 911 communications center, knowing that he or she is not reporting an emergency or otherwise needing emergency information or assistance.
3. Knowingly provide false information to a law enforcement officer who enters the information on a citation.
41.03 REFUSING TO ASSIST OFFICER.
Any person who is requested or ordered by any magistrate or peace officer to render the magistrate or officer assistance in making or attempting to make an arrest, or to prevent the commission of any criminal act, shall render assistance as required. No person shall unreasonably and without lawful cause, refuse or neglect to render assistance when so requested.
(Code of Iowa, Sec. 719.2)
41.04 HARASSMENT OF PUBLIC OFFICERS AND EMPLOYEES.
No person shall willfully prevent or attempt to prevent any public officer or employee from performing the officer's or employee's duty.
(Code of Iowa, Sec. 718.4)
41.05 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)
41.06 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])
41.07 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.
41.08 DISCHARGING WEAPONS.
1. It is unlawful for a person to discharge rifles, shotguns, revolvers, pistols, guns, BB guns or other firearms of any kind within the City limits except by written consent of the Council.
2. No person shall intentionally discharge a firearm in a reckless manner.
41.09 THROWING AND SHOOTING.
It is unlawful for a person to throw stones, bricks or missiles of any kind or to shoot arrows, rubber guns, slingshots, air rifles or other dangerous instruments or toys on or into any street, alley, highway, sidewalk, public way, public ground or public building, without written consent of the Council.
(Code of Iowa, Sec. 364.12 [2])
41.10 URINATING AND DEFECATING.
It is unlawful for any person to urinate or defecate onto any sidewalk, street, alley, or other public way, or onto any public or private building, including but not limited to the wall, floor, hallway, steps, stairway, doorway or window thereof, or onto any public or private land.
41.11 FIREWORKS.
The 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. Sales – General Requirements.
A. Prior to any person engaging in the sale of consumer fireworks, the following shall be provided to the City Clerk.
(1) License: Proof of valid license issued from the state fire marshal.
(2) Liability Insurance: Proof of liability insurance separate from the building property insurance specifically showing coverage of fireworks sales for an aggregate amount of $2,000,000.
B. Dates of Sale: Consumer fireworks sales shall only be conducted in accordance with dates and times designated by Iowa Code Section 727.2. It shall be unlawful to sell consumer fireworks without meeting the requirements specified in this ordinance, or to sell fireworks outside of the dates specified.
(1) Approved consumer fireworks sales meeting the requirements of this Chapter shall be allowed from an approved permanent structure or building between June 1 and July 8 and from December 10 until January 3.
(2) Approved consumer fireworks sales meeting the requirements of this Chapter shall be allowed from an approved temporary structure between June 13 and July 8.
C. Safety Requirements: The following safety requirements shall be adopted for all locations where consumer fireworks are sold:
(1) Smoking, open flame source, or matches shall not be located within 50 feet where consumer fireworks are sold. The following exemptions apply:
a. Lighters and matches may be sold as part of a retail business in commercial structures who engage in other merchandise sales where consumer fireworks are not the primary business.
b. Locations that engage in consumer fireworks sales as a primary source of revenue may sell extended lighters so long as lighters are located in a sealed package and not opened within the store premises.
(2) Individual consumer fireworks devices or opened consumer fireworks packages shall not be permitted to be displayed. No open fuses shall be exposed during storage inside a sales location.
(3) Consumer fireworks sales shall only be allowed in areas zoned for business or light industry use.
(4) Any person engaged in consumer firework sales in any other zone other than commercial zoned areas shall not be approved for sales within the city limits.
(5) No person shall sell a DOT 1.4 class consumer firework to a person under the age of 18.
(6) Consumer fireworks shall not be sold to an intoxicated person or to any person whom a reasonable person would believe may be impaired by other substances.
3. Fireworks – Discharging General Requirements
A. No person under the age of 18 shall discharge a DOT 1.4 class consumer firework without parental supervision.
B. A person shall only discharge a consumer fireworks device on real property they own or on property where consent has been given. Novelties, including snakes, sparklers, or caps, can be discharged on a public place with the exception of the city park, so long as all trash, wrappers, and wires are properly disposed of.
C. Consumer fireworks shall not be discharged by persons showing visible signs of, or determined to be, intoxicated or under the influence of a drug or narcotic.
D. Any person discharging a consumer fireworks device assumes all responsibility for its operation and the consequences thereof. No person shall discharge a consumer fireworks device in a reckless manner or manner likely to cause death, injury, fire, or property damage.
E. No person shall discharge a consumer fireworks device outside the following dates and hours:
(1) July 1 thru July 5 from the hours of 9:00 a.m. to 10:00 p.m. Exception: discharge hours are extended to 11:00 p.m. on July 4th only.
(2) December 30 thru January 2 from the hours of 9:00 a.m. until 10:00 p.m. Exception: discharge hours are extended to 12:30 a.m. on January 1.
F. It shall be unlawful to alter, remove, or discharge components of a consumer fireworks device from its intended method of discharging.
G. Sky lantern open flame devices are not permitted to be released within the city limits, except if tethered by a retrievable rope so long as the person discharging has control over the sky lantern.
H. The City may, upon application in writing, grant a permit for the display of display fireworks on public property by a City agency, fair associations, amusement parks and other organizations or groups of individuals approved by City authorities when such display 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:
(1) Personal Injury: $250,000 per person.
(2) Property Damage: $50,000.
(3) Total Exposure: $1,000,000.
4. Violations. All violations of any provisions of this Chapter may be punished by a fine up to $750.00.
5. 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.
(Section 41.11 – Ord. 371 – Nov. 17 Supp.)
41.12 INTERFERENCE WITH OFFICIAL ACTS.
No person shall knowingly resist or obstruct anyone known by the person to be a peace officer, emergency medical care provider or fire fighter, whether paid or volunteer, in the performance of any act which is within the scope of the lawful duty or authority of that officer, emergency medical care provider or fire fighter, or shall knowingly resist or obstruct the service or execution by any authorized person of any civil or criminal process or order of any court. The terms "resist" and "obstruct" as used in this section do not include verbal harassment unless the verbal harassment is accompanied by a present ability and apparent intention to execute a verbal threat physically.
(Code of Iowa, Sec. 719.1)