[Ord. 2000-05 § 2; Ord. 79-1201 § 4; prior code
§ 23-8]
A person who intentionally causes damage, defacement, alteration
or destruction of tangible property, having no right to do so, commits
criminal mischief, a simple misdemeanor, if the cost of replacing,
repairing, or restoring the property so damaged, defaced, altered
or destroyed does not exceed $200.
[Ord. 79-1201 § 5
(part); prior code § 23-9 (1, 2, and 3]
For the purposes of Sections 9.20.020 and 9.20.030, the following
definitions shall apply:
A.
PROPERTY – Includes any land, dwelling, building, conveyance,
vehicle, or other temporary or permanent structure whether publicly
or privately owned.
B.
TRESPASS – Means one or more of the following acts:
1.
Entering upon or in property without justification or without the
implied or actual 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 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 the agent or employee of 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.
Entering upon or in property for the purpose or with the effect of
unduly interfering with the lawful use of the property by others;
4.
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.
C.
TRESPASS – Does not mean 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.
[12-9-2020 by Ord. No. 2020-493; Ord. 79-1201 § 5 (part); prior code § 23-9(4)]
Any person who knowingly trespasses upon the property of another
commits a simple misdemeanor punishable as provided by the applicable
provision of the Iowa Code.
[Ord. 89-513 § 1]
A person commits theft when the person does any of the following:
A.
Takes possession or control of the property of another, or property
in the possession of another, with the intent to deprive the other
thereof.
B.
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. Failure
by a bailee or lessee of personal property to return the property
within 72 hours after a time specified in a written agreement of lease
or bailment shall be evidence of misappropriation.
C.
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.
D.
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.
E.
Takes, destroys, conceals or disposes of property in which someone
else has a security interest, with intent to defraud the secured party.
F.
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 or service in exchange therefor, if the person
knows that such check, share draft, draft or written order will not
be paid when presented.
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 10 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.
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.
G.
Obtains gas, electricity or water from a public utility or obtains
cable television 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.
H.
Any act that is declared to be theft by any provision of the state
or municipal code.
[Ord. 2000-05 § 1; Ord. 98-35 § 1; Ord. 89-513 § 2]
The theft of property not exceeding $200 in value is a simple
misdemeanor. The value of property is its highest value by any reasonable
standard at the time that it is misappropriated. Reasonable standard
includes, but is not limited to, market value within the community,
actual value, or replacement value.
[Ord. 89-513 § 3]
A person commits an assault when, without justification, the
person does any of the following:
A.
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.
B.
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.
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Provided, that where the person doing any of the above enumerated
acts, and such other person, are voluntary participants in a sport,
social or other activity, not in itself criminal, and such act is
a reasonably foreseeable incident of such sport or activity, and does
not create an unreasonable risk of serious injury or breach of the
peace, the act shall not be an assault.
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[Ord. 89-513 § 4]
Any person who commits an assault which does not cause bodily
injury, disabling mental illness, or would otherwise be considered
a simple misdemeanor by state law, is guilty of a simple misdemeanor.
[Ord. 2011-160 § 1]
A.
"Private residential surveillance camera system" means one or more
video cameras and related equipment, not publicly-owned, being used
upon a residential property on a nontemporary basis. A "residential
neighborhood" is an area: that has a residential zoning classification;
in which at least 50% of the block face consists of residential structures;
or that immediately abuts a residential zoning classification or an
area in which at least 50% of the block face consists of residential
structures. The percentage shall be calculated on the basis of structures
not linear footage.
B.
A registered sex offender of or a person convicted of possession
with intent to deliver a controlled substance in this or any other
state or country shall not own, operate, or maintain a private residential
surveillance camera system.
C.
No cameras shall be mounted on a freestanding tower or pole.
D.
No camera shall be mounted above the peak of the structure to which
it is attached.
E.
No camera shall be contained in a housing that is not clearly transparent.
F.
No camera shall have a field of view that focuses on a neighboring
resident's yard, structure, or window. "Focuses" means more than 50%
of the field of view.
G.
Any person or entity that violates any of the provisions of this
chapter may be prosecuted, civilly or criminally, for said violation
and may be punished up to the maximum allowed under state law for
simple misdemeanor or municipal infraction violations. Imposition
of a fine does not preclude the City from seeking alternative relief
from the court in the same action.
