[7-8-2020 by Ord. No. 2020-290; Ord. 98-254; Ord. 89-512 § 1; Ord. 82-49 § 1; Ord. 79-1201 § 3; prior code § 23-5]
A person commits a simple misdemeanor when the person does any of the following:
A. 
Engages 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;
B. 
Makes loud and raucous noise in the vicinity of any residence, business, or public property which the person knows or should know is likely to disturb the repose or peace or cause distress to a reasonable person of normal auditory sensitivities in the immediate area, without justification, after being notified or requested to abstain from making such noise.
C. 
Directs abusive epithets or makes any threatening gesture which the person knows, or reasonably should know, is likely to provoke a violent reaction by another;
D. 
Without lawful authority or color of authority, disturbs any lawful assembly or meeting of persons by conduct intended to disrupt the meeting or assembly;
E. 
By words or action, initiates or circulates a report or warning of fire, epidemic, or other catastrophe, knowing such report to be false or such warning to be baseless;
F. 
Knowingly and publicly uses the flag of the United States in such 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 a public offense;
G. 
Without authority or justification, obstructs any street, sidewalk, highway, or other public way, with the intent to prevent or hinder its lawful use by others;
H. 
Urinates or defecates at any place other than a restroom facility;
I. 
Bathes, wades, or swims in a public fountain.
[Ord. 2007-491 § 1; Prior code § 23-14]
A. 
It is unlawful for any person or persons to congregate about or upon any stairway, doorway, window, or in front of any business house, dwelling house, theater, lecture room, church, corner of streets, or elsewhere in the City, and by so doing obstruct or interfere with persons entering, passing out of or occupying any such building or premises, or by their language, conduct, conversation, annoy, insult, or disturb persons passing along the streets or alleys, or occupying, residing or doing business in any of the said houses, places or premises, or passing in or out of the same and any person violating this section shall be deemed guilty of a simple misdemeanor.
B. 
It is unlawful for any student who has been denied privileges, suspended from school or school activities or expelled by the Davenport Community School District to be present or to congregate on or about or within 10,000 feet of the school from which said student has been disciplined, any school property at which said student's school is involved in a school activity or any other school property specified to the student in writing during the time said student is serving his or her period of denial of privileges, suspension or expulsion. The prohibition contained herein shall not be deemed to prohibit a student from being at his or her residence if it is located within 10,000 feet of the student's school. If such a student is found to be present at a location within the 1,000 foot exclusion zone other than his or her residence and the student is also observed to be engaged in any behavior listed in Section 9.08.020A or demonstrating any behavior indicative of affiliation or membership in a criminal gang, or exhibiting harassing, intimidating or threatening behavior; or loudly using profane or obscene language, or is engaged in loud or boisterous conduct which disturbs the peace and quiet of any public area or residential area, such conduct constitutes a violation of this section.
[7-8-2020 by Ord. No. 2020-290; Ord. 2006-334 § 1; Ord. 80-610 § 1; prior code § 23-3]
A. 
Every person who makes, causes, maintains, or continues any excessive, unnecessary, or unusually loud noise in such a manner as to disturb, injure, or endanger the repose, health, peace, quiet enjoyment, or safety of a reasonable person of normal auditory sensitivity by operation of any tool, equipment, vehicle, electronic device, instrument, television, stereophonic equipment, machine or other sound-producing device between the hours of 10:00 p.m. and 7:00 a.m. shall be guilty of a simple misdemeanor.
B. 
Any person, except for those granted special variances under Section 8.19.090, who causes or allows, from a residence, business, or other fixed location, the operation of any instrument, stereo system, loud speaker, or other device used for the amplification of sound in such a manner as to be audible 150 feet or more from the point of origin of the sound or to cause a vibration 300 feet or more from the point of origin of the sound shall be guilty of a simple misdemeanor.
C. 
The provisions of this subsection shall not apply to noise exempted from the provisions of Chapter 8.19 or noise that is determined to be in compliance with the restrictions of Chapter 8.19.
[Ord. 2003-49]
A. 
It shall be unlawful for any person under the age of 21 years to enter or attempt to enter a gambling facility licensed to operate gambling games pursuant to Chapter 99F of the Code of Iowa (2001) unless said person is exempted from this section as set out in subsection B. herein. As used in this section, the term "gambling facility" shall include and be defined as those areas where gambling games are conducted in a gambling facility licensed to operate gambling games pursuant to Chapter 99F of the Code of Iowa. A violation of this section shall constitute a simple misdemeanor.
B. 
Exceptions. Persons of the age of 18 years or older are permitted to enter a gambling facility if:
1. 
They are employed by the operator of the gambling facility and are on-duty at the time that they are in the gambling facility; or
2. 
They are employed by a vendor of the gambling facility and are strictly entering the facility to deliver goods or other wares ordered by the facility; or
3. 
They are employed by any mail carrier service and are entering the gambling facility to deliver mail, packages, or other postal products; or
4. 
They are employed by a law enforcement agency and are entering the gambling facility to conduct an investigation or are otherwise responding to a call for assistance at the gaming facility.
Editor's Note: Prohibited activity in roadways, previously codified at 9.08.050, was repealed 8-24-2022 by Ord. No. 2022-411. Prior history includes Ord. 2004-76 § 1; Ord. 2003-419 § 1; Ord. 2003-88 § 1.
[Ord. 2005-553 § 1]
It shall be unlawful for any person in a public place to expose such person's genitals, pubes, anus, or buttocks to commit or in an effort to commit a specified sexual activity as defined in Chapter 5.16 or while soliciting another for such an act.
Editor's Note: Aggressive panhandling prohibited, previously codified at 9.08.080, was repealed 8-24-2022 by Ord. No. 2022-411. Prior history includes Ord. 2006-114.
[Ord. 2010-354 § 1]
A. 
For purposes of this subsection the following terms have the meaning ascribed:
1. 
EVENT OF GATHERING – Shall mean any group of persons who have assembled or gathered together for a social function or other activity on public or private property whether indoors or outdoors.
2. 
HOST – Shall mean to aid, conduct, allow, entertain, control or overtly permit a gathering or event. Mere knowledge that an event or gathering is occurring is insufficient to constitute host status; but presence at the gathering or event combined with right of possession or control of the premises upon which the event or gathering is occurring is presumed to satisfy host status.
3. 
ALCOHOLIC BEVERAGE – Is defined as in Iowa Code Chapter 123.
4. 
PREMISES – Shall mean any house, residence, yard, land, apartment, condominium, hotel or motel room, park, or other place of assembly, private or public, whether owned, leased, or used with or without permission or compensation.
5. 
UNDERAGE PERSON – Shall mean any individual under the age of 21 years of age.
6. 
DISORDERLY PREMISES – Shall mean any premises that constitutes a threat to the public peace, health, safety or general welfare of the public by constituting the source of:
a. 
Persons engaging in fighting or threatening, violent or tumultuous behavior;
b. 
Unreasonable noise as defined as a noise disturbance in Chapter 8.19 or in violation of Section 8.19.070(A)(1);
c. 
Hazardous or offensive conditions such as, but not limited to, solid waste violations, public urination, public defecation, indecent exposure;
d. 
A second nuisance gathering in any calendar year.
7. 
NUISANCE GATHERING – Shall mean an event or gathering that results in the occurrence of two or more of the following illegal activities at or as a result the event or gathering at a premises;
a. 
Excessive or unreasonable noise which does or is likely to disturb the comfort, quiet or repose of the neighborhood after 10 o'clock p.m.;
b. 
Public disturbances, assaults, brawls, fights, indecent exposure, public urination or public defecation;
c. 
Public consumption of an alcoholic beverage or public intoxication;
d. 
Unlawful sale, furnishing or consumption of an alcoholic beverage including prohibited acts involving underage persons;
e. 
Unlawful deposit of solid waste;
f. 
Criminal mischief;
g. 
Criminal trespass;
h. 
Sale, manufacture, possession of any controlled substance;
i. 
Unlawful underage consumption of an alcoholic beverage;
j. 
Dangerous driving as defined in Chapter 8.12.
8. 
CONTROLLED SUBSTANCE – Is as defined in Chapter 124 of the Iowa Code.
B. 
No person shall host a disorderly premises or nuisance gathering. A person or persons who own the property where the disorderly premises or nuisance gathering occurs or the person or persons in possession or control of the premises where the disorderly premises or nuisance gathering takes place, or the person or persons in possession or control of the location of the nuisance gathering, may each, jointly and severally, be charged with violating this section whenever any premises owner, occupant, tenant or other person having a possessory interest or control hosts, sponsors, conducts, suffers or permits an event or gathering that at any time of the event of gathering becomes a disorderly premises or nuisance gathering. However, any owner, occupant, tenant or other person having a possessory interest or control who requests assistance from the police to prevent a gathering from becoming a disorderly premises or nuisance gathering prior to the police receiving complaints related to the event or gathering being a disorderly premises or nuisance gathering shall not be considered to be in violation of this section. This exemption is only valid for one occurrence in any calendar year.
C. 
Penalties.
1. 
Any person who violates this section may be charged with a simple misdemeanor or municipal infraction violation offense punishable by a fine of not less than $100 nor more than the maximum fine allowed for a single misdemeanor or a municipal infraction under Iowa law.
2. 
The penalty provided herein may be imposed in addition to any penalty that may be imposed for any other criminal offense or municipal violation arising from the same incident.
D. 
Police Service Fee. A police service fee may be imposed whenever a police officer or other police department representative has given notice to a person who hosts a disorderly premises or nuisance gathering that a second response based upon a disorderly premises or nuisance gathering complaint within the next 24 hours may result in the assessment of a police service fee. The imposition of a police service fee is in addition to the authority of the police to otherwise take enforcement action to control the disorderly premises or nuisance gathering by ordering dispersal, making arrests or issuing citations.
The person or persons responsible for any disorderly premises or nuisance gathering for which there was a second or subsequent police response after the provision of notice of the applicability of public service fees shall be liable to the City for the police service fees to defray the reasonable cost incurred in any subsequent police response, jointly or severally. The chief of police or designee shall cause appropriate billings to be made through the finance department. If the City's attempt to collect the police service fee is unsuccessful the City may bring an action to recover the police service fee, including reasonable attorney fees, against any person responsible for paying the debt or the debt may be turned over to a collection agency and any fees charged by the agency shall be added to the debt.