[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.
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.
[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.