[Adopted as Ch. 42 of the 2000 Code]
A.
It is unlawful for a person to
knowingly trespass upon the property of another. As used in this section,
the term "property" includes any land, dwelling, building, conveyance,
vehicle or other temporary or permanent structure whether publicly
or privately owned. The term "trespass" means one or more of the following
acts:
(1)
Entering
property without permission. Entering upon or in property without
the express 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 on
property. 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 by any peace officer, magistrate or public employee whose duty
it is to supervise the use or maintenance of the property. A person
has received notice to abstain from entering or remaining upon or
in property if any of the following is applicable:
[Amended 3-23-2023 by Ord. No. 23-02]
(a)
The person has been notified
to abstain from entering or remaining upon or in property personally,
either orally or in writing, including by a valid court order under
Chapter 236 of the Iowa Code.
(b)
A printed or written notice
forbidding such entry has been conspicuously posted or exhibited at
the main entrance to the property or the forbidden part of the property.
(3)
Interfering with lawful use
of property. 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)
Using
property without permission. 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.
B.
None of the above shall be construed
to prohibit 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.
[Amended 3-23-2023 by Ord. No. 23-02]
It is unlawful, for any person who has no right to do so, to
intentionally damage, deface, alter or destroy property.
It is unlawful for a person intentionally to deface, obliterate,
tear down, or destroy, in whole or in part, any transcript or extract
from or of any law of the United States or the state, or any proclamation,
advertisement or notification, set up at any place within the City
by authority of the law or by order of any court, during the time
for which the same is to remain set up.
No unauthorized person shall enter or remain in or upon any
public building, premises or grounds in violation of any notice posted
thereon or when said building, premises or grounds are closed and
not open to the public. When open to the public, a failure to pay
any required admission fee also constitutes an unauthorized entry.
It is unlawful for any person to commit a fraudulent practice
as defined in § 714.8 of the Code of Iowa.
It is unlawful for any person to commit theft as defined in
§ 714.1 of the Code of Iowa.
No person, unless specifically authorized by the City, shall
open or attempt to draw water from any fire hydrant for any purpose
whatsoever.
[Ord. No. 17-21]
A.
Purpose. The purpose of this
notice and permit approval process is to avoid situations where more
than one group seeks to use the same space at the same time and to
provide the Marion Police Department and other agencies the ability
to provide appropriate police protection, traffic control, and other
support for participants and other individuals.
B.
A person or group who wishes
to conduct a parade, march, or other First Amendment assembly on a
public street, sidewalk, or other public way, or in a public park,
is not required to give notice or apply for permit approval before
conducting the event where:
(1)
The parade, march, or assembly
will take place on public sidewalks and crosswalks and will not prevent
other pedestrians from using the sidewalks and crosswalks and, when
using crosswalks, will not block the view of normal and lawful vehicular
traffic in a manner that creates an immediate and unreasonable risk
of harm to drivers or pedestrians; or
(2)
The person or group reasonably
anticipates that fewer than 50 persons will participate in the parade,
march, or assembly, and the same will not occur on a public street;
or
(3)
The parade, march, or assembly
is for the purpose of an immediate and spontaneous expression of views
in response to a public event.
C.
Except as provided in Subsection B of this section, a person or group who wishes to conduct a parade, march, or other First Amendment assembly on a public street, sidewalk, or other public way, or in a public park, shall give notice and apply for a permit before conducting the parade, march, or assembly.
(1)
If a parade or march is contemplated,
then the route shall be shown in detail as part of the notice and
permit approval process.
(2)
The permit application shall
include the name or names of the person or group organizing the parade,
march, or assembly, anticipated size of the parade, march, or assembly,
and the proposed date and location of the parade, march, or assembly.
(3)
The Chief of Police/City
Manager shall work with the organizer listed on the permit application
to modify the proposed plan's parade, march, or assembly location
or route as reasonably necessary based on considerations of public
safety.
(4)
The Chief of Police/City
Manager shall inform the person or group giving notice of a parade,
march, or assembly, in writing, of the reasons for any decision to:
D.
Reasonable time, place, and manner
restrictions on parades, marches, and First Amendment assemblies.
The Chief of Police/City Manager may enforce reasonable time, place,
and manner restrictions on a parade, march, or First Amendment assembly
by:
(1)
Establishing reasonable restrictions
on a proposed parade, march or assembly prior to its planned occurrence
through the approval of a permit, where the organizers of the event
are required to provide notice;
(2)
Enforcing reasonable restrictions
during the occurrence of a parade, march or assembly for which a permit
has been approved, which are in addition to the restrictions set forth
in the permit approval, where the additional restrictions are:
(a)
Ancillary to the restrictions
set forth in the approved plan and are designed to implement the substance
and intent in the approval of the plan;
(b)
Enforced in response to
the occurrence of actions or events unrelated to the parade, march
or assembly that were not anticipated at the time of the approval
of the permit and that were not caused by the permit holder, counter-demonstrators,
or the police;
(c)
Enforced to address a
determination by the Chief of Police/City Manager that during the
pendency of a parade, march or assembly that there exists an imminent
likelihood of violence endangering persons or threatening to cause
significant property damage; or
(d)
Enforcing reasonable restrictions
on a parade, march or assembly during its occurrence where a plan
was not approved for the assembly,
(3)
No time, place, or manner
restrictions regarding a parade, march or assembly shall be based
on the content of the beliefs expressed or anticipated to be expressed
during the event, or on factors such as the attire or appearance of
persons participating or expected to participate in the event, nor
may such restrictions favor non-First Amendment activities over First
Amendment activities.
E.
The City shall not require, separate
from or in addition to the requirements for giving notice of or applying
for a permit, that persons give notice to, or obtain a permit from,
the Chief of Police, or other municipal officials or agencies, as
a prerequisite for making or delivering an address, speech, or sermon
regarding any political, social, or religious subject in any public
street, sidewalk, other public way, or park.
F.
The City shall not require, separate from or in addition to the requirements for giving notice of or applying for a permit, that persons give notice to, or obtain a permit from the Chief of Police, or other municipal officials or agencies as a prerequisite for using a stand or structure in connection with such an assembly; provided, that a parade, march, or First Amendment assembly permit may contain limits on the nature, size, or number of stands or structures to be used as required to maintain public safety. Individuals conducting a parade, march, or assembly under Subsection C of this section may use a stand or structure so long as it does not prevent others from using the street, sidewalk, other public way, or park.
G.
The City shall not require, separate from or in addition to the requirements for giving notice of or applying for a permit, that persons give notice to, or obtain a permit from the Chief of Police, or other municipal officials or agency as a prerequisite for selling demonstration-related merchandise within an area covered by an approved permit or within a parade, march, or assembly covered by Subsection C of this section; provided, that nothing in this subsection shall be construed to authorize any person to sell merchandise in the area covered by the permit contrary to the wishes of the permit holder.
H.
Issuance standards. The City
Manager shall issue the permit as requested upon the applicant's written
agreement to comply with the terms of the permit unless the City Manager
finds that:
(1)
The time, route, and size
of the parade, march, or assembly will disrupt to an unreasonable
extent the movement of other traffic. Before denying the permit application,
the City Manager/Chief of Police should work with the person or group
applying for a permit to provide ample alternative options to reach
the assembly's target audience and suggesting alternative options.
(2)
The parade, demonstration,
march, or rally will unreasonably interfere with another parade, march,
or assembly for which a permit has been issued. Before denying the
permit application, the City Manager/Chief of Police should work with
the person or group applying for a permit to provide ample alternative
options to reach the assembly's target audience and suggesting alternative
options. Mere presence near, or audibleness of, counter-protesters
is not interference.
I.
Denial standards. The City Manager
shall deny an application for a permit as requested and shall notify
the applicant of the denial where:
(1)
The City Manager makes a
finding contrary to the findings required to be made for the issuance
of the permit.
(2)
The information contained
in the application is found to be false or insufficient for purposes
of assuring public safety.
(3)
The applicant refuses to
abide by or comply with all conditions of the permit that are reasonable
and necessary for public safety.
J.
Upon a denial by the City Manager
of an application made pursuant to this section, the applicant may
appeal from the determination of the City Manager within five days
thereafter to the Council by filing a written notice of appeal for
hearing by the Council at its next meeting. Upon such appeal, the
Council may reverse, affirm, or modify in any regard the determination
of the City Manager. In the event an application is not filed within
the required time as specified in this section, the applicant may
request a waiver of such requirement by the Council at its next regular
meeting, or at a special meeting which may be called prior thereto
by the Council to consider the matter, and the Council, if it finds
unusual circumstances and in the exercise of its sound discretion,
may waive such requirement.
K.
The granting of a permit to hold
a parade, march, or assembly creates a presumption that the sponsoring
organization agrees to indemnify and hold harmless the City of Marion,
Iowa, its employees, representatives, and agents against all claims,
liabilities, losses, or damage for personal injury and/or property
damage on account of the parade, march, or assembly and/or deviation
from normal City regulations in the area when such claims, liabilities,
losses, or damage shall be caused by or in any way result from or
rising out of any act, omission, or negligence of the permit holder,
including the sponsoring organization, or any of its officers, owners,
directors, partners, or agents. Furthermore, the granting of permit
creates a presumption that the sponsoring organization agrees to indemnify
and hold harmless the City of Marion, Iowa, its employees, representatives,
and agents against any loss, injury, death, or damage to person or
property and against all claims, demands, fines, suits, actions, proceedings,
orders, decrees, and judgments of any kind or nature and from and
against any and all costs and expenses including reasonable attorney
fees which at any time may be suffered or sustained by the permit
holder or by any person who may, at any time, be participating or
engaging in the parade, march, or assembly when such loss, injury,
death, or damage shall be caused by or in any way result from or rising
out of any act, omission, or negligence of the permit holder, including
the sponsoring organization, or any of its officers, owners, directors,
partners, or agents. No permit holder, including the sponsoring organization,
or any of its officers, owners, directors, partners, or agents, are
subject to a presumption of indemnification or hold harmless claims,
liabilities, losses, damage, injury, death, demands, suits, actions,
proceedings, orders, decrees, and judgments of any kind for acts and
omissions of others, including those of counter-protesters or bystanders
in response to the parade, march, or assembly.
L.
The City Manager or the City
Manager's designee shall be the authorized City official to receive
notice and consider permit approval under this section.
