Microsoft Word - Title 7 - Police Regulations

TITLE 7

POLICE REGULATIONS

SUBJECT

CHAPTER

POLICEDEPARTMENT

ALARMREGULATIONS

BICYCLES

CONTROLLED ACCESS FACILITY

ADULT CROSSING GUARDS

CURFEW

DAMAGE AND TRESPASS TO PROPERTY

DRIVING RULES

GENERALOFFENSES

INTOXICATION

LOADING AND UNLOADING ZONES

NOISE REGULATIONS

OBSTRUCTING A PUBLIC OFFICIAL

DRUG PARAPHERNALIA

PARKING METERS

PARENTAL RESPONSIBILITIES

PUBLIC DISORDER

SNOW EMERGENCY REGULATIONS

TRAFFIC: CONTROL DEVICES

TRAFFIC: IN GENERAL

TRAFFIC: JUNK, OBSOLETE, STOREDVEHICLES

TRAFFIC: STOPPING, STANDING, PARKING

TRAFFIC: WEIGHT EMBARGOES

WEAPONS

POLICE DOGS

- 276 - (Next page is 278)

-278-

7-1-1

7-1-4

TITLE 7 POLICE REGULATIONS

CHAPTER 1

POLICE DEPARTMENT

SECTIONS:

7-1-1 Creation; Appointment

7-1-2 Chain of Command

7-1-3 Sergeant at Arms

7-1-4 Duties of Chief of Police

7-1-5 Uniforms

7-1-6 Obedience to Superior Officers

7-1-7 False Alarm

7-1-8 Rules

7-1-1 Creation; Appointment. There is hereby established

a Police Department, consisting of a Chief of Police and such

other members as the Council may from time to time provide, which

officers and men shall be appointed as provided in the Civil Service

Law of the State of Iowa.

7-1-2 Chain of Command. The chain of command in the Police

Department shall be as prescribed in the rules and regulations

of the Department.

7-1-3 Sergeant at Arms. The Chief of Police, or his or her

designated representative, shall serve as Sergeant at Arms of the

Council, and as such, shall attend its meetings, keep the Council

chamber in order, and promptly serve or have served all notices

or orders required of him or her by the Mayor or Council.

7-1-4 Duties of Chief of Police. The Chief of Police shall

be the executive head of the Police Department, and his or her

orders shall be obeyed implicitly. It shall be the duty of the

Chief of Police to cause the public peace to be preserved and

to see that all the laws are enforced; and whenever any violations

thereof shall come to his or her knowledge or be reported to him

or her, he or she shall cause the requisite complaint to be made

and see that the evidence is procured for the successful prosecution

of the offender. He or she and his or her subordinates shall, in

case of riot, tumult, insurrection or threatening thereof, take

command in person of the police officers and direct their movements

7-1-4

7-1-8

- 279 -

and operations in the discharge of their duties. He or she shall

be responsible for the efficiency, general conduct, and good order

of the Department. Annually, the Police Chief shall make and file

with the Clerk an annual report showing a summary of the business

of the Department.

7-1-5 Uniforms. Each member of the Police Department shall

be required to properly wear suitable uniforms as directed by the

Chief of Police; the same to be according to the design, color, and

material as prescribed by the Chief of Police.

7-1-6 Obedience to Superior Officers. All members of the

Police Department shall observe and obey the orders of their

superior officers.

7-1-7 False Alarm. Any person who shall, without reasonable

cause therefor, or shall for the purpose of either misleading,

deceiving, or joking, notify or cause to be notified or informed

any police officer that his or her presence or services are needed

at any particular point, and thus cause such officer to go to such

point, or who shall cause, suffer, or permit any false call for

such officer to be made by or through any emergency system or

telephone, shall be deemed guilty of a misdemeanor.

7-1-8 Rules. The Chief of Police shall have authority to

adopt such departmental rules as he or she deems necessary for the

orderly administration and operation of the Police Department.

- 279A -

10/01/98 87054-1098

TITLE 7

POLICE REGULATIONS

CHAPTER 2

ALARM REGULATIONS

SECTIONS:

General Provisions

7-2-1

Purpose

7-2-2

Definitions

7-2-3

Automatic Protection Devices

7-2-4

Direct Alarm Systems

7-2-5

Alarm System Restrictions

II.

Licensing Requirements and Procedures

Alarm Business -- License Required

Alarm Agent -- License Required

Alarm System -- Permit Required

Central Station System -- License Required

Modified Central Station -- License Required

Telephone Answering Service -- License Required

License and Permit Applications and Fees

License and Permit Renewal, Modifications

Issuance of License, Permit, or Renewal

Revocation and Suspension of Licenses and Permits

Notice of Decision

Appeal Notice

Appeal Procedure

Business License Tax

Posting of Licenses and Permits

Transfer of License or Permit Prohibited

Failure to Pay Ad Valorem Taxes

Service Available

Responsibility for Alarm Response

City's Right to Own Certain Equipment

Enforcement and Administration

7-2-26

7-2-27

7-2-28

7-2-29

7-2-30

7-2-31

7-2-32

7-2-33

7-2-34

Generally

Testing of Equipment

False Fire Alarms

False Police Alarms

Change of Location

Regulation of Charges

Liability of the City Limited

Conflict of Interest Prohibited

Violations and Penalties

7-2-6

7-2-7

7-2-8

7-2-9

7-2-10

7-2-11

7-2-12

7-2-13

7-2-14

7-2-15

7-2-16

7-2-17

7-2-18

7-2-19

7-2-20

7-2-21

7-2-22

7-2-23

7-2-24

7-2-25

- 279B -

10/01/98 87054-1098

7-2-1

7-2-2

I. GENERAL PROVISIONS

7-2-1 Purpose. It is the purpose of this Ordinance to

protect the Muscatine Police and Fire Departments and property

owners from the erroneous and mistaken use of security and fire

alarms which results in increased false response calls by the

Police and Fire Departments and is creating a hazard to the members

of the departments and to the general public. It is further the

purpose of this Ordinance to control the use of security and fire

alarms connected to the City's Public Safety Building.

7-2-2 Definitions. For the purpose of this chapter, the

following words and phrases shall be construed to have the meaning

set forth in this section unless it is apparent from the context

that a different meaning is intended.

1. "Alarm agent" means any person engaged in or employed by

an alarm business, either directly or indirectly, whose duties

include any of the following activities: selling, maintaining,

leasing, servicing, inspecting, repairing, altering, replacing,

moving, or installing an alarm system on any building, place, or

premises.

2. "Alarm business" means the business of selling, leasing,

maintaining, inspecting, servicing, repairing, replacing, altering,

moving, or installing an alarm system.

3. "Alarm system" means an assembly of equipment or devices

arranged to send a signal to a remote receiving station to make

known the occurrence of a robbery or an attempted robbery or an

unauthorized intrusion requiring urgent attention and to which the

police are expected to respond and includes both automatic and

manually operated systems. Alarm systems shall include automatic

holdup alarm systems, burglar alarm systems, holdup alarm systems,

manual holdup alarm systems.This term also includes an

assembly

of equipment or devices, or a single device, which monitors

temperature, humidity, or other conditions, arranged to send a

signal to a remote receiving station to make known the occurrence

of a fire or fire-related condition requiring urgent attention and

to which the fire department is expected to respond and includes

both automatic and manually operated system. Fire alarms are

included in this definition of alarm systems.

4. "Alarm user" means the person, firm, partnership,

corporation, company, association, or other organization of any

kind which has an alarm system to protect its premises, regardless

of whether it owns or leases the alarm system.

7-2-2

- 279C -

10/01/98 87054-1098

Each premises having a separate connection to the police

or fire department, or to a central station system, a modified

central station, or a telephone answering service shall be

considered a separate alarm system user for purposes of calculating

false alarms subject to the following: in the event a building or

group of buildings is connected to or part of a single integrated

alarm system, the entire building or group of buildings shall be

considered to have a single alarm system for purposes of

calculating false alarms; but if the building or group of buildings

is not so connected, then each individual alarm system shall be

treated as a separate premises. However, any building or group of

buildings which contains multiple leaseholds or condominium

agreements shall be considered to be a single alarm system as to

the common areas of the buildings or group of buildings which are

not covered by leasehold or condominium ownership for other than

common usage. All other premises not specifically mentioned shall,

as to each separate ownership, lease, or other interest owning,

maintaining, or using an alarm system, be considered to have a

separate alarm system for purposes of calculating false alarms.

5. "Automatic protection device" means an instrument which

automatically sends a pre-recorded voice alarm actuated by a

physical force or condition characteristic of a fire, other

casualty, or unauthorized intrusion, over regular telephone lines.

6. "Burglar alarm system" means a method of detecting and

signaling the presence, entry, or attempted entry of an intruder

into a protected premises.

7. "Central station system" means a system or group of

systems, usually operated for customers by a person, in which the

signals and messages of automatic protection devices and alarm

systems are transmitted to, recorded in, and supervised from a

central location which has trained operators and guards on duty at

all times who shall take appropriate action upon receipt of a

signal or message including the relaying of messages to the police

department.

8. "City" means the City of Muscatine, Iowa, or such

officers or employees as may be designated by this chapter to have

specific duties in relation to this chapter.

9. "Direct alarm system" means an alarm system which has the

capability of transmitting signals for reception by the

communications center of the police department.

10. "Direct line" means a private line circuit ring down

telephone line leading directly to the communications center of the

police department that is for use only to report emergency messages

and signals on a person-to-person basis.

7-2-2

- 279D -

10/01/98 87054-1098

11. "False fire alarm" means the activation of a fire alarm

system through technical failure, malfunction, improper

installation, or the negligence of the owner or lessee of an alarm

system or of his or her employees or agents. False fire alarm does

not include the activation of an alarm system which is caused by

storms, tornadoes, or other violent weather conditions. False fire

alarm does not include alarm system activations or failures caused

by water, gas, electrical, telephone or other transmission devices

not under the control of an alarm user or his or her employees or

agents, the willful act of any person other than the alarm user or

his or her agent or employee, and does not include alarm

activations or failures due to conditions clearly beyond the

control of the alarm user or his or her agents or employees.

12. "False police alarm" means the activation of an alarm

system through technical failure, malfunction, improper

installation, or the negligence of the owner or lessee of an alarm

system or of his or her employees or agents. False police alarm

does not include the activation of an alarm system which is caused

by storms, tornadoes, or other violent weather conditions. False

police alarm also does not include the activation or failure of an

alarm system caused by transmission lines not under the control of

an alarm user or alarm agent, the willful act of any person other

than the alarm user or his or her employees or agents or the alarm

agent, and does not include activations or failures due to

conditions clearly beyond the control of the alarm agent or alarm

user. False police alarm does include the activation or use of an

alarm system for purposes other than warning or notification of an

unauthorized intrusion, or robbery or attempted robbery, or other

emergency situations.

13. "Fire chief" means the chief of the fire department of

the City, or the chief's authorized representative.

14. "Fire Department" means the fire department of the City.

15. "Holdup alarm system" means a method of signaling a

robbery or attempted robbery or unauthorized intrusion of a

premise in which the signal transmission is initiated by the

direct action of a person.

16. "Indicator" means the instrumentation on a monitor panel

at the receiving terminal of a signal line which produces both

visual and audible alarm signals when activated by a signaling

device at an identifiable location or origin.

17. "Key" (to a telephone line) means to use a telephone line

for transmitting a message, either by direct connection or by a

mechanism not so connected, that utilizes the microphone of a

standard telephone to do so.

7-2-2

- 279E -

10/01/98 87054-1098

18. "Modified central station" means a central station

operated for the customers of an alarm business by a person which

provides at all times the service of monitoring and relaying

messages for customers to the police or fire department

communications center in connection with automatic protection

devices and alarm systems, but which does not meet the requirements

nor provide all the services of a central station. This definition

includes "monitoring stations".

19. "Person"meansanyindividual, partnership, corporation,

association, or other organization, but does not include the City.

20. "Police chief" means the chief of the police department

of the City or the chief's authorized representative.

21. "Police Department" means the police department of the

City.

22. "Protected premises" means that part of a building or

real estate to which protection is afforded by an alarm system.

23. "Primary trunkline" means a telephone line leading

directly into the communications center of the police or fire

department that is for the purpose of handling emergency calls on

a person-to-person basis, and which line is identified as a Public

Safety Response line such as "911" or by a specific listing among

any police department numbers in any telephone directory issued by

any telephone directory publisher serving the City and surrounding

area.

24. "Secondary trunkline" means a telephone line leading into

the police or fire department or city hall that is identified by a

specific listing among the telephone numbers in any telephone

directory issued by any telephone directory publisher serving the

city and surrounding area that is for handling administrative and

other non-emergency calls on a person-to-person basis.

25. "Signaling device" means an instrument that, upon

detection of physical force or condition characteristic of an

emergency, will activate a signal line in such a way as to cause

both visual and audible signals to be registered by indicators on

a monitor panel at the receiving terminal of the signal line in a

central location.

26. "Signal line" means a line not connected to any standard

telephone equipment which leads into an indicator panel in the

communications center of the police or fire department, or into

such a panel in either a central station system or a modified

central station and which is designated to transmit an alarm signal

readily identifiable as to location or origin.

7-2-2

7-2-4

- 279F -

10/01/98 87054-1098

27. "Telephone answering service" means a business operating

a telephone answering activity that includes the service whereby

trained employees on duty at all times receive pre-recorded voice

messages from automatic protection devices and who have the duty to

relay immediately by live voice any such emergency message to the

police or fire department.

28. "This chapter" includes any regulations adopted pursuant

to the provisions of Section 7-2-26 and the standards, rules, and

regulations established by the chief for direct alarm systems.

7-2-3

Automatic protection devices

A. Restrictions on keying.

1. No person shall install, cause to be installed, or

permit the installation or operation of an automatic protection

device keyed either to a primary or secondary trunkline on premises

of any kind within the corporate limits of the city.

2. An owner or lessee of an automatic

protection device

who has an alarm system permit may authorize an alarm business

licensed by this chapter to intercept the signal or message and

relay it by direct line to the communications center of the police

or fire department, provided that the device meets the requirements

of this chapter and, further provided that the operations of such

device will not interfere with the normal functions of the police

or fire department.

3. No person, except an alarm business or alarm agent

with a license from the city as required by this chapter, shall

install any automatic protection device within the corporate limits

of the city.

B. Keying to Intermediaries - Any person who has an

automatic protection device within the corporate limits of the city

may arrange to have such device keyed to any of the following

intermediaries who are authorized to relay emergency messages to

the police or fire department, as appropriate:

1. A licensed central state system;

2. A licensed modified central station;

3. A licensed telephone monitoring

7-2-4 Direct alarm systems

A. No direct alarm system shall be permitted with the police

or fire department except such as is connected to an indicator

panel installed in uniform consoles within the communications

facilities of the police or fire department pursuant to a permit

issued in accordance with the provisions of this chapter.

- 279G -

10/01/98 87054-1098

7-2-4

7-2-8

B. The chief may limit the number of such permits and may

set standards, rules, and regulations governing direct alarm

systems.

7-2-5 Alarm system restrictions

A. No central station system, modified central station, or

telephone answering service shall relay messages from any alarm

system to the police or fire department other than through a direct

line.

B. Any audible signal or noise from an alarm system which

can be heard directly outside the perimeter of the protected

premises must automatically terminate within fifteen minutes from

the time it was activated.

II. LICENSING REQUIREMENTS AND PROCEDURES

7-2-6 Alarm business -- license required - No person

shall conduct an alarm business within the corporate limits of the

city unless they possess a currently valid alarm business license

issued pursuant to this chapter.

7-2-7 Alarm agent -- license required - No person shall

conduct themselves as an alarm agent within the corporate limits of

the city unless they have a currently valid alarm agent business

license issued pursuant this chapter. A person holding a valid

alarm business license is exempt from the requirement of obtaining

an alarm agency license.

7-2-8 Alarm system -- permit required

A. No person shall install, cause to be installed, or permit

the installation or operation of an alarm system unless a currently

valid alarm system permit or direct alarm system permit has been

issued by the city clerk for such alarm system pursuant to the

provisions in this chapter. A separate alarm system permit shall

be obtained for each fire, burglar, or holdup alarm which transmits

a signal or message to the City of Muscatine police/fire department

communication center, a central station system, a modified central

station, a telephone answering service or an on-premises audible

and/or visual alarm device which can be heard or observed outside

the perimeter of the protected premises.

B. Those conducting alarm businesses shall be responsible

for procuring and processing all applications, and any renewals,

for their subscribers, and for transmitting completed applications

to the police chief and all fees to the city treasurer. Those

conducting alarm businesses are further required to report, within

thirty days, the discontinued use of any alarm system serviced by

the alarm business to the police chief.

7-2-8

7-2-12

- 279H -

10/01/98 87054-1098

C. Where the alarm system is in operation and is not

serviced by an alarm business, the person owning, or possessing

such alarm system shall be responsible for obtaining the permit and

shall make direct application to the police chief. When an alarm

system not serviced by an alarm business is no longer in operation,

the person owning or possessing such alarm system shall report,

within thirty days, the discontinued use of the alarm system to the

police chief.

7-2-9

Central station system -- license re

uired - no

person shall operate a central station system, which relays

messages to the police department in the absence of a currently

valid central station system license issued pursuant to the

provisions of this chapter.

7-2-10 Modified central station -- license required - No

person shall conduct a modified central station system which relays

messages to the police department in the absence of a currently

valid license issued pursuant to the provisions of this chapter.

7-2-11 Telephone answering service -- license required - No

person shall conduct a telephone answering service which includes

in such service the receipt and relay of messages to the police

department from automatic protection devices in the absence of a

currently valid telephone answering service license issued pursuant

to the provisions of this chapter.

7-2-12 License and permit applications and fees

A. Applications for licenses and permits required by this

chapter shall be filed with the City's Department of Finance on

forms provided for that purpose, and shall be reviewed by the

police chief.

B. Each application shall be accompanied by a receipt for a

non-refundable fee from the city treasurer as follows:

1. For an alarm business, central station system,

modified central station, or telephone answering service an annual

fee of one-hundred dollars ($100.00).

2. For an alarm agent a fee of ten dollars ($10.00).

3. For a direct alarm system permit from a commercial

alarm company a fee of one hundred dollars ($100.00).

4. For an alarm system permit from a non-commercial

private residential or commercial user a fee of twenty-five dollars

($25.00).

7-2-13

7-2-14

- 279I -

10/01/98 87054-1098

7-2-13 License and permit renewal, modifications

A. All licenses and direct alarm system permits issued

pursuant to this chapter shall expire annually on June 30. All

applications for renewal of such licenses and permits shall be

filed with the City's Department of Finance and reviewed by the

police chief on forms provided for that purpose. The fee for the

renewal of each license and direct alarm system permit shall be the

same as the initial application fee and shall be paid to the city

treasurer prior to the time the license or permit renewal is

issued.

B. Alarm system permits need not be renewed.

C. Any modification of, change in ownership of, change in

location of, or addition to an alarm system requires that a new

application, new application fee, and new alarm system permit be

issued pursuant to this chapter.

7-2-14 Issuance of license, permit, or renewal

A. Upon approval by the police chief of the application for

a license or permit, or for the renewal thereof, the chief shall

endorse his/her approval thereon and transmit the application

together with the treasurer's receipt for the fee to the office of

the city clerk who shall be responsible for the issuance of the

license, permit, or renewal thereof.

B. The Chief shall have a reasonable time to investigate the

application for a license, or for the renewal thereof, and the

background of the applicant to the extent deemed necessary.

Thereafter, the license shall be issued unless the chief finds

that:

1. The applicant has submitted an application that

contains a misstatement or omission of any material fact, or

2. Some matter or activity in the background of the

applicant reasonably related to the activities to be engaged in is

such that a reasonable person would conclude that there would be an

undue risk to the public health, safety, or welfare if the license

were granted, or

3. The applicant has been convicted of a felony within

the last fifteen years from the date of the application.

C. The chief shall have a reasonable time to investigate the

application for a permit, or for the renewal thereof, to the extent

deemed necessary. The chief may also inspect the alarm system and

protected premises to the extent deemed necessary. Thereafter, the

permit shall be issued unless the chief finds that:

7-2-14

7-2-15

- 279J -

10/01/98 87054-1098

1. The applicant has submitted an application that

contains a misstatement or omission of any material fact, or

2. The alarm system was, or will be, installed by an

unlicensed alarm business or alarm agent, or

3. The alarm system is not in conformance with this

chapter, or

4. The alarm system has generated an excessive number

of false alarms such that it has interfered with the conduct of the

business of the police department or fire department.

D. If the license or permit, or renewal thereof, is denied,

the reason for the denial shall be set forth in writing and

provided to the applicant or his designee.

7-2-15 Revocation and suspension of licenses and permits

A. Grounds. A license granted under this chapter may be

suspended or revoked by the chief if he/she finds that the business

operations of the licensee are being, or have been, conducted in

violation of state law or local ordinance, or that there exists any

of the grounds for not issuing an original license, or renewal,

pursuant to this chapter. For the purpose of this chapter, the

holder of a license shall be responsible for the conduct of its

officers, agents, or employees. A permit may be suspended or

revoked if there exists any of the grounds for not issuing an

original permit, or renewal thereof, pursuant to this chapter.

B. Notice and Hearing. A license or permit, however, may

not be revoked or suspended until a hearing has been held before

the police chief. Written notice of the time and place for the

hearing shall be served upon the licensee or permittee at least

seven days prior to the date set for the hearing if such notice is

personally served. Such notice shall contain a brief statement of

the grounds to be relied upon for revoking or suspending the

license or permit. Notice shall be given either by personal

delivery to the person to be notified or by deposit in the United

States mail in a sealed envelope, postage prepaid, addressed to

such person to be notified at the address appearing on the

application. If notice is given by mail as provided, it shall be

deemed given at the time of the deposit in the United States mail,

but such notice shall be given at least seven days prior to the

date set for such hearing. Any person aggrieved by the action of

the police chief may appeal to the city council within the time and

manner provided in this chapter.

7-2-16

7-2-18

- 279K -

10/01/98 87054-1098

7-2-16 Notice of decision

A. Within ten (10) days after reaching a determination

regarding an application for a license or permit; or after a

hearing concerning the suspension or revocation of a license or

permit, the chief shall serve a written copy of his decision on the

applicant, licensee, or permittee at the address set forth in the

application or renewal, or at an address specified by the

applicant, licensee, or permittee. Said decision shall be deemed

served when deposited in the United States mail.

B. The copy of the decision shall apprise the applicant,

licensee, or permittee of his right to appeal and of the time

limitation and appeal procedures specified in this chapter.

7-2-17 Appeal notice

A. An applicant, licensee, or permittee aggrieved by the

decision of the chief shall have the right to appeal to the city

council.

B. Notice of appeal must be filed with the city clerk within

fifteen (15) days after service of the chief's decision. The

notice of appeal shall briefly state the basis for such appeal.

7-2-18 Appeal procedure

A. Hearing. Upon receipt of the notice of appeal together

with an appeal fee of five dollars ($5.00), the city clerk shall

cause the matter to be placed on the agenda of the next regularly

scheduled meeting of the city council. The city clerk shall cause

a written notice of the time and place of meeting to be given to

the appealing party. If the appealing party deems additional time

is necessary to prepare a presentation for the hearing, the

appealing party shall notify the city clerk thereof and upon

receipt of such notice the city clerk shall continue the hearing to

a later date, not to exceed thirty days beyond the original date

set for hearing.

B. Burden of Proof. At the time and place set for hearing

upon the appeal, the city council shall give the appealing party a

reasonable opportunity to be heard in order to show cause why the

determination of the chief should not be upheld. In cases where a

license or permit has been denied, the burden of proof to show that

the action taken by the police chief was arbitrary, capricious, or

in excess of the chief's authority shall be upon the appealing

party. In cases where a license or permit has been suspended or

revoked, or a license or permit renewal was denied, the burden of

proof shall be upon the police chief to establish that appropriate

grounds existed for such action.

7-2-18

7-2-23

- 279L -

10/01/98 87054-1098

C. Notice of Decision. The city council shall reach a

decision on the matter within fourteen (14) days after the hearing

and within ten (10) days after reaching a determination with

reference thereto shall cause a written copy of the decision to be

mailed to the appellant. At the same time the council shall give

to the chief a copy of such decision.

7-2-19 Business license tax - Nothing contained in this

chapter shall be construed as a waiver or exemption from any

business license tax otherwise applicable.

7-2-20 Posting of licenses and permits - A central station

system, modified central station, telephone answering service, or

an alarm business license shall be posted at all times at the

premises from which the licensed activity is conducted. A person

acting as an alarm agent shall carry their alarm agent registration

card on their person at all times which so engaged and shall

display said card to any police officer or fireman upon demand. An

alarm system permit shall be posted at all times on the protected

premises.

7-2-21 Transfer of license or permit prohibited - No

license or permit issued pursuant to this chapter shall be

transferable.

7-2-22 Failure to pay ad valorem taxes - No license or

permit shall be issued or renewed pursuant to this chapter if any

ad valorem taxes upon any real property or personal property used

directly or indirectly in connection with the proposed business or

service are delinquent. Where a license or permit has been issued

and ad valorem taxes on such property thereafter become delinquent,

the license or permit shall be subject to cancellation immediately

without notice and without right of appeal.

7-2-23 Service available - Each alarm business shall have

licensed alarm agents and supplies and equipment so located as to

be able to respond to a request for repair or adjustment of any

alarm system that such an alarm business sold, maintained, or

inspected within four (4) hours of the request for such service.

They shall respond within four (4) hours of the request; except

that if the request occurs within the hours that the protected

premises is open for business or otherwise substantially occupied,

repair or adjustment may be made at any time prior to the closing

of the protected premises.

7-2-24

7-2-26

- 279M -

10/01/98 87054-1098

7-2-24Responsibility for alarm response - Every person who

has an alarm system on premises shall, upon notification that the

alarm system is giving a signal, proceed immediately to the

protected premises and render all necessary service. However, the

owner or person in control of the protected premises may enter into

an agreement with an alarm business or other responsible party or

service to respond in that person's stead to the site of the alarm.

A responsible person shall respond to every notification, without

exception.Such response shall be made within 30 minutes of

notification.Failure to respond to such notification on more

than one occasion will result in the revocation of the alarm

permit

7-2-25 City's right to own certain equipment -

A. All alarms will be routed through a central monitoring

panel owned and maintained by a single alarm company. The City

reserves the right to own all indicator panels and accessory

equipment for direct alarm systems located within the police or

fire departments. In such cases, each direct alarm system

permittee, in addition to the annual permit fee, shall be required

to pay an initial installation fee and an annual user fee as the

same may be established from time to time by council resolution and

uniformly applied to cover the cost of the maintenance of such

facilities. In the event the city decides not to own the equipment

within the police or fire departments, but to provide for its

installation and maintenance by a third party, the city shall

establish and regulate reasonable fees and charges which may be

charged by direct alarm system permittee, and the third party

shall, at no additional cost to the city, make the necessary

connection to the indicator panel and maintain the required

equipment for all direct alarm systems located within city-owned

buildings as requested by the city. All such fees provided by this

subsection shall be payable annually on or before April 1 of each

year.

B. The police chief may set standards and rules

and regulations governing all indicator panels and accessory

equipment for direct alarm systems located within the police

department.

III. ENFORCEMENT AND ADMINISTRATION

7-2-26 Generally

A. Enforcement and administration of this chapter shall be

functions of the chief of the respective departments (police or

fire) concerned except where this chapter specifically assigns

responsibility to other parties.

- 279N -

10/01/98 87054-1098

7-2-26

7-2-28

B. The chief may propose rules and regulations, not

inconsistent with the terms of this chapter, prescribing minimum

equipment standards, facility standards, and operation standards

for the installation, construction, maintenance and operation of

alarm systems, central station systems, modified central stations,

telephone answering services, and requiring inspection and approval

of all such systems. Such rules and regulations shall have the

full force and effect of law upon adoption by resolution by the

city council after a public hearing. No permit or license shall be

issued for any device or system which does not comply with the

provisions of this chapter and said rules and regulations as

finally adopted. Copies of these standards shall be furnished to

all licensed alarm businesses, central station systems, modified

central stations, and telephone monitoring services, and shall be

available for inspection in the office of the chief and city clerk.

7-2-27 Testing of equipment - No person shall conduct any

test or demonstration of an automatic protection device or a

signalingdevice designed to make direct connection with the

department withoutfirst

contacting

the

Public

Safety Communications Center where the equipment to be tested

or demonstrated is keyed to an intermediary. Such permission is not

required unless the alarm or signal is to be relayed to the police

department.

7-2-28 False fire alarms

A. A report on a form approved by the chief shall be

forwarded, if requested by the chief, to the police or fire

department within forty-eight (48) hours, Sundays and holidays

excepted, with regard to each and every false alarm transmitted to

the police department, and such additional information as may be

reasonably required by the chief to be supplied with regard

thereto. The report shall be made by the alarm business where the

alarm system is serviced by an alarm business. The report shall be

made by the alarm system permittee in all other instances.

B. Defective Equipment. If any false fire alarm occurs as

a result of any defect of the fire alarm system or equipment,

including the method of sounding or transmitting the alarm signal,

or from any defect in the installation of the alarm equipment,

including the method of sounding or transmitting the alarm signal,

or the faults or neglect of the alarm system permittee of any of

their employees, the report of the false fire alarm shall include

a statement as to the action taken to remedy the false fire alarm

cause.

7-2-28

7-2-31

- 279O -

10/01/98 87054-1098

C.Interference with the Department. In addition to the

foregoing remedy of suspension or revocation, when false fire

alarms from any premises are so excessive as to interfere with the

normal conduct of the business of the police or fire department,

the chief may decline to respond to any alarms until the cause of

such false fire alarms is corrected. The chief shall make

reasonable effort to give prompt notice of such action to the owner

or occupant of the protected premises.

7-2-29 False police alarms

A. Reports. A report on a form approved by the chief shall

be forwarded, if requested by the chief, to the police department

within forty-eight (48) hours, Sundays and holidays excepted, with

regard to each and every false alarm transmitted to the police

department together with such additional information as may be

reasonably required by the chief. The report shall be made by the

alarm business where the alarm system is serviced by an alarm

business. The report shall be made by the alarm system permittee

in all other cases.

B. Defective Equipment. If any false police alarm occurs as

a result of any defect of the alarm equipment, including the method

of sounding or transmitting the alarm signal, or from any defect in

installation of the equipment, including the method of sounding or

transmitting the alarm signal or the faults or neglect of the alarm

system permittee or any of their employees, the report of the false

alarm shall include a statement as to the action taken to remedy

the false police alarm cause.

C. Interference with the Department. In addition to the

foregoing remedy of revocation or suspension, when false police

alarms from any protected premises are interfering with the normal

conduct of the business of the police department, the chief may

decline to respond to any alarms until the cause of such false

alarms is corrected. The chief shall make a reasonable effort to

give prompt notice of such action to the owner or occupant of the

protected premises.

7-2-30 Change of location - If

the location of the

communications facilities of the police department should be

changed or moved, the cost of moving any alarm system or parts

thereof shall be borne by the permittee.

7-2-31 Regulation of charges - If alarm reporting equipment

located inside the police department is privately owned and the

owner makes any charge for the connection to that equipment, such

charge shall

be fully borne by the owner of the reporting

equipment.

7-2-32

7-2-34

279P

10/01/98 87054-1098

7-2-32 Liability of the city limited - The city shall take

every reasonable precaution to assure that alarm signals and

messages received from central station systems, modified central

stations, and telephone monitoring services regarding alarm signals

received by the city are given appropriate attention and are acted

upon with dispatch. The city shall not be liable for any defects

in the operation of any alarm devices or signal line systems, for

any failure or neglect to respond appropriately upon receipt of an

alarm, nor for the failure or neglect of any person with a license

or permit issued pursuant to this chapter in connection with the

installation, maintenance, or operation of equipment, the

transmission of alarm signals and pre-recorded alarm messages, or

the relaying of such signals and messages. In the event that the

city finds it necessary to disconnect a defective automatic

protection device or signaling device, the city shall incur no

liability by such action.

7-2-33 Conflict of interest prohibited - No employee of

the police or fire department, nor a member of such

employee's immediately family, shall have any interest,

directly or indirectly, in any alarm business within the limits

of the city. No such employee or family member shall be employed

by an alarm business subject to the provisions of this

chapter.

7-2-34 Violations and penalties

A. An alarm user who has more than four (4) false police

and/or fire alarms within a consecutive twelve (12) month period

shall be deemed to have committed a municipal infraction for a

fifth (5th) or any subsequent false alarms within a consecutive

twelve (12) month period. The fifth (5th) false alarm shall be

deemed a first violation and shall, upon judgment against the

violator, be subject to a civil penalty of fifty dollars ($50.00).

A sixth (6th), seventh (7th), or eighth (8th) false alarm shall be

a repeat infraction and shall, upon judgment against the violator,

be subject to a civil penalty of one hundred dollars ($100.00) for

each repeat infraction. A ninth (9th) false alarm within a

consecutive twelve (12) month period shall result in the automatic

suspension of the alarm system permit. The effect of the

suspension shall mean that the police and/or fire departments need

not respond to alarm warnings at the licensed or permitted premises

until such time as a new alarm system permit has been obtained by

the alarm user. Prior to the issuance of a new alarm system permit

the alarm user must have the system tested and certified as

mechanically sound and all fines for previously issued citations

for false alarms shall be paid. No alarm which occurs within

fourteen (14) days of the date of notification of the installation

of a new alarm system shall be considered to be a false alarm for

purposes of determining the number of false alarms per consecutive

twelve (12) month period or for the purpose of imposing a penalty.

7-2-34

- 279Q - 10/01/99 87054-1098

B. Anyone who violates any of the other provisions of this

chapter shall be deemed to have committed a municipal infraction

and shall, upon judgment against the violator, be subject to a

civil penalty of one hundred dollars ($100.00) for the first

infraction and two hundred dollars

($200.00)

for each repeat

infraction. In addition to being subject to the imposition of

civil penalties, the city may also request that the court order

equitable relief to prevent, correct, or abate such violations.

Each day that the violation is permitted to exist after

notification in writing by the chief or city clerk, and the

expiration of the time designated for correction in the aforesaid

notification, shall constitute a separate or repeat municipal

infraction offense.

7-3-1

7-3-5

- 280 -

TITLE 7 POLICE REGULATIONS

CHAPTER 3

BICYCLES

SECTIONS

7-3-1

7-3-2

7-3-3

7-3-4

7-3-5

7-3-6

7-3-7

7-3-8

7-3-9

7-3-10

7-3-11

7-3-12

7-3-13

7-3-14

RegistrationRequired

Application

License Type

Second Hand Sales Report

Destroying Frame Number or License

Lost or Destroyed License

License Fees

Riding on Sidewalks

Parking on Sidewalks (Business District)

Number of Persons

Riding Two Abreast

Method of Riding; Rate of Speed

Lamps: Reflective Devices

Traffic Regulations

7-3-1 Registration Required. Every person who shall own a

bicycle in the City shall register such bicycle as provided in this

chapter.

7-3-2 Application. The owner of any bicycle shall apply to

the Police Department for registration of such bicycle and such

registration shall be on a form furnished and prescribed by the

Police Department and shall provide a full description of the

bicycle, such as name, address, type, color, manufacturer, and

serial number.

7-3-3 License Type. The Bicycle License shall be of a type

designated by the Chief of Police.

7-3-4 Second Hand Sales Report. All persons buying or

selling second hand bicycles shall notify the Police Department

within five (5) days of the sale.

7-3-5 Destroying Frame Number or License. No person shall

willfully or maliciously remove or destroy any frame number or

license.

7-3-6

7-3-14

- 281 -

86480-0497

7-3-6 Lost or Destroyed License. In the event that an owner

of a bicycle should lose a license or that such license should be

destroyed or stolen, the owner shall report the same to the Police

Department and there shall be furnished to the owner a new bicycle

license at the cost as determined by the provisions of Title 5,

Chapter 15, of the City Code.

7-3-7 License Fees. The bicycle license fee shall be as

determined by Resolution of the City Council and as stipulated in

Title 5, Chapter 15, of the City Code.

7-3-8

Riding on Sidewalks. Bicycles may be operated on

sidewalks in the City, except in the downtown business area,

however, Muscatine police officers while on duty may operate

bicycles on sidewalks anywhere in the City. For the purpose of

this section, the downtown business area shall encompass an area

bounded by and including Mississippi Drive, Mulberry Avenue, Fourth

Street, and Pine Street. Under all circumstances, a driver of a

bicycle shall yield the right-of-way to pedestrians using the

sidewalk and due and proper care shall at all times be exercised by

the driver of the bicycle for pedestrians.

7-3-9 Parking on Sidewalks (Business District). No person

shall park any bicycle upon the sidewalks in the business district;

the business district is that area as defined in Section 7-3-8 of

this chapter.

7-3-10 Number of Persons. Only one person shall ride a

bicycle at any time, unless it is of the tandem type.

7-3-11 Riding Two Abreast. Bicyclists riding upon any street

shall not ride more than two (2) abreast.

7-3-12 Method of Riding; Rate of Speed. When riding upon the

streets, bicyclists shall at all times keep both hands on the

handle bars of the bicycle, except to make hand signals and at no

time shall ride at such a rate of speed as to endanger the person

or property of others.

7-3-13 Lamps: Reflective Devices. Every bicycle operated

within the City during the period from one-half hour after sunset

to one-half hour before sunrise and at any other time when there is

not sufficient light to render clearly discernible persons and

vehicles at a distance of three hundred feet (300') ahead shall be

equipped with a lighted white lamp on the front thereof of such

bicycle. Every bicycle shall also be equipped with a reflex mirror

reflector or lamp on the rear, visible under like conditions from

a distance of at least three hundred feet (300') to the rear of

such bicycle.

7-3-14 Traffic Regulations. All persons riding bicycles

7-3-14

- 282 -

upon any street shall observe the traffic laws of the City and

of the State insofar as the same may apply to the riding of

bicycles and specifically, but without limitation, shall include

traffic rules as to traffic lights, highway stop signs, signaling

change of direction of the course of travel, travelling on the

right-hand side of the street, no turns to the right or left in

traffic except at the regular intersection of streets or alleys

and no weaving in and out of traffic.

7-4-1

7-4-4

- 283 -

TITLE 7 POLICE REGULATIONS

CHAPTER 4

CONTROLLED ACCESS FACILITY

SECTIONS:

7-4-1

Purpose

7-4-2

Definition

7-4-3

Exceptions

7-4-4

State Law; Law of the Road

7-4-1 Purpose. This chapter shall be deemed an exercise

of the police power of the City under the Code of Iowa for the

preservation of the public peace, health, safety, and the promo-

tion of the general welfare.

7-4-2 Definition. For the purpose of this chapter, a

"Controlled Access Facility" shall mean: A highway or street

especially designed for through traffic, and over, from, or to

which owners or occupants of abutting land or other persons have

no right of easement or only on controlled right of easement of

access, light, air, or view by the reason of the fact that their

property abuts upon such controlled access facility or for any

other reason. (Specifically this shall mean U. S. Highways 61

and 92 and Iowa Highways 22 and 38.)

7-4-3 Exceptions. This Chapter shall not be construed to

effect existing entrances to the various Primary Road Extensions

in the City, a copy of which is on file in the Office of the Clerk,

and which is referred to for purposes of identification as Public

Document No. 58597.

7-4-4 State Law; Law of the Road. Section 321.366 of the

Code of Iowa is hereby adopted by reference and it shall be

unlawful for any person to violate any provision or amendments

thereto.

- 284 -

7-5-1

7-5-3

TITLE 7 POLICE REGULATIONS

CHAPTER 5

ADULT CROSSING GUARDS

SECTIONS:

7-5-1 Administration

7-5-2 Compensation and Status of Guards

7-5-3 Violation

7-5-1 Administration. The Chief of Police is authorized to

appoint persons as Adult Crossing Guards, provided all such persons

shall meet the qualifications established by the City Council.

The Chief of Police shall train and supervise the Crossing Guards,

and shall have authority to discharge said Crossing Guards when

necessary. The Chief of Police shall perform such other duties

in connection with the administration of this program as may be

requested by the City Council.

7-5-2 Compensation and Status of Guards. Crossing Guards

shall be paid at such rate as may be fixed from time to time by

the Council. Crossing Guards shall not be a part of, nor affiliated

or connected in any official capacity with the City Police Depart-

ment. Crossing Guards shall have and exercise only such limited

police powers as may be delegated to them by the Chief of Police.

Crossing Guards shall not have civil service status.

7-5-3 Violation. It shall be unlawful for any person to

disobey the signal or direction of an Adult Crossing Guard while

in the performance of his or her duties.

7-6-1

7-6-4

TITLE 7 POLICE REGULATIONS

CHAPTER 6

CURFEW

SECTIONS:

7-6-1

Title

7-6-2

Definitions

7-6-3

Hours of Curfew

7-6-4

Exception

7-6-5

Responsibility of Parent or Guardian

7-6-6

Full Force and Effect

7-6-7

Repealer

7-6-8

Severability of Provisions

7-6-9

Enforcement

7-6-10

Penalty

7-6-1 Title. This ordinance may be known and cited as the "City Curfew

Ordinance"ofMuscatine, Iowa.

7-6-2Definitions.

(A)

Minor - An unemancipated person who has not yet reached the 18th birthday.

(B)

Parent - A person having legal custody of a minor as a natural or adoptive parent,

as a legal guardian, as a person who stands in loco parentis, or by virtue of Court

Order.

(C) Street - A way or place, of whatever nature, open to the use of the public as a

matter of right for vehicular or pedestrian travel, including but not limited to

streets, alleys, sidewalks, irrespective of what the right of way is called.

7-6-3 Hours of Curfew. It shall be unlawful for any minor under the age of fifteen

(15) to be or remain, in or upon any of the alleys, streets, or other public places in the

City between the hours of nine-thirty o'clock (9:30) p.m. and six o'clock (6:00) a.m. of the

following day. It shall be unlawful for any minor under the age of eighteen (18) years and

over the age of fourteen (14) to be or remain, in or upon any of the alleys, streets, or

other public places in the City between the hours of eleven o'clock (11:00) p.m. and six

o'clock(6:00)a.m. ofthefollowingday.

7-6-4 Exceptions. In the following cases the presence of a minor on a City street

or other public place shall not constitute a violation of this ordinance:

- 285 -

6/2/94 85502

7-6-4

7-6-8

- 285A -

6/2/94 85592

3/10/0187876-0301

(A)When the minor is accompanied by the minor's parent.

(B)When the minor is accompanied by an adult at least twenty-one (21) years of age

authorized by a parent of such minor to take said parent's place in accompanying

said minor for a designated period of time and purpose. Such permission

authorization shall be in written form, shall specify the particular reason or event

that the minor is permitted to be with the authorized adult, signed and dated by

the minor's parent within twenty-four (24) hours of the beginning of the period

for which the authorization is given which period shall not be longer than

seventy-two (72) hours except for extenuating circumstances clearly stated,

carried by the authorized adult and shall be presented to a peace officer upon

request.

(C)When the minor exercises First Amendment rights, such as free exercise of

religion, freedom of speech, right of assembly, or right to petition the

government, and the use of City streets or other public places is a necessary

incidentthereto.

(D)When the minor is traveling, via direct route, to or from a place of employment,

or such travel necessary in conjunction with employment duties.

(E) When the minor is traveling through the City from and to destinations outside the

City, with no point of destination within the City, when such travel is by direct

route.

(F) When the minor is returning home by a direct route from and within 30 minutes

from the termination of a school or church activity, or government sponsored

activity or event.

(G) When the minor is traveling to or from a City, school or church sponsored after

prom event.

7-6-5 Responsibility of Parent or Guardian. It shall be unlawful for any parent,

guardian or other person charged with the care and custody of any minor to allow or

permit such minor to be in or upon any of the streets, alleys or other public places within

the curfew hours set by subsection 7-6-3, except as otherwise provided in subsection 7-6-

7-6-6 Full Force and Effect. This ordinance shall be in full force and effect from

the date of passage and publication as required by law.

7-6-7

7-6-10

- 285B -

6/2/94 85502

7-6-7 Repealer. This ordinance shall be construed to repeal any prior ordinance

inconsistent herewith. Title 7, Chapter 6 in effect prior to the enactment of this ordinance

is repealed, as well as any other ordinance which is inconsistent herewith.

7-6-8 Severability of Provisions. If any section, subsection, sentence, clause,

phrase or portion of this ordinance be held invalid or unconstitutional by any court of

competent jurisdiction, such portion shall be deemed a separate, distinct and independent

provision, and such holding shall not affect the validity of the remaining portion thereof.

7-6-9 Enforcement. Any peace officer of this City while on duty is hereby

empowered to arrest any minor who violates any of the provisions of this ordinance.

Upon arrest, the minor shall be returned to the custody of the parent, legal guardian or

other person charged with the care and custody of the minor.

7-6-10 Penalty. Any minor violating the provisions of this ordinance shall be

fined not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00).

Any parent, legal guardian, or other adult person having the care and custody of a minor

violating this ordinance shall be fined not less than Ten Dollars ($10.00) nor more than

One Hundred Dollars ($100.00), or confined in jail for a period not exceeding thirty (30)

days.

7-7-1

7-7-3

- 286 -

TITLE 7 POLICE REGULATIONS

CHAPTER 7

DAMAGE AND TRESPASS TO PROPERTY

SECTIONS:

7-7-1 CriminalMischief

7-7-2 MultipleActs

7-7-3 Trespass

7-7-4 PropertyDefined

7-7-5 Exception

7-7-6 Spray Paint Restrictions - Minor

7-7-7 Penalty

7-7-1 Criminal Mischief. It shall be unlawful for any person

to intentionally damage, deface, alter, or destroy any tangible

property when that person has no right to so act.

7-7-2

Multiple Acts. Whenever criminal mischief is

committed upon more than one item of property at approximately the

same location or time period, so that all of these acts of mischief

can be attributed to a single scheme, plan, or conspiracy, such

acts shall be considered as a single act of criminal mischief.

7-7-3 Trespass. It shall be unlawful for any person to do

one or more of the following acts:

(A) To enter 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 inanimate or animate.

(B) To enter or remain 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.

7-7-3

7-7-6

- 287 -

11/2/95 85985

effect of unduly interfering with the lawful use of the

property by others.

(D) To be 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.

7-7-4 Property Defined. For the purposes of Section 7-7-2,

the term "property" shall include any land, dwelling, building,

conveyance, vehicle, or other temporary or permanent structure,

whether publicly or privately owned.

7-7-5 Exception. Trespassing shall not include 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 retrieve the property

as quickly as is possible, and does not unduly interfere with the

lawful use of the property.

7-7-6 Spray Paint Restrictions - Minors.

(A) A minor shall mean any person under the age of eighteen years.

(B) No person shall sell or otherwise transfer any spray paint in

cans larger than three fluid ounces to a minor.

container, furnish fraudulent evidence of majority.

(D) No minor shall possess a spray paint container in cans larger

than three fluid ounces, or possess more than 2 spray paint

containers in cans three fluid ounces or less on any public

property or any private property except with the express

permission of the lawful owner or manager of said private

property.

(E) No person shall, absent express permission to the contrary by

the owner or other person having control thereof, possess a

spray paint container, liquid paint in cans or other

containers in any public building, or upon any public facility

or private property with intent to use the same to deface the

said building, facility property.

- 287A -

11/2/95 85985

7-7-6

7-7-7

(F) Any person whose business includes the sale of any spray paint

container shall have posted in a conspicuous place a sign

which clearly states that: "It is unlawful to sell spray

paint in cans larger than three fluid ounces to any person

under the age of 18 years."

7-7-7 Penalty. Any person violating the provisions of this

Chapter shall be subject to a fine not to exceed one hundred

dollars ($100.00), or imprisonment in the County Jail not to exceed

thirty (30) days.

- 288 -

7-8-1

7-8-5

TITLE 7 POLICE REGULATIONS

CHAPTER 8

DRIVING RULES

SECTIONS:

7-8-1 Driving Through Funeral; Other Processions.

7-8-2 Drivers in Procession

7-8-3 Driving on Sidewalks

7-8-4 Careless Driving

7-8-5 Driving on Private Property

7-8-1 Driving Through Funeral; Other Processions. No driver

of a vehicle shall drive between the vehicles comprising a funeral

or other authorized processions while they are in motion and when

such vehicles are conspicuously designated as required by this

Code. This provision shall not apply at intersections where

traffic is controlled by traffic control signals or Police Officers.

7-8-2 Drivers in Procession. Each driver in a funeral or

other procession shall drive as near the right-hand edge of the

roadway as practicable, shall follow the vehicle ahead as close

as is practical and safe, and shall have the headlights turned

on.

7-8-3 Driving on Sidewalks. The driver of a vehicle shall

not drive within any sidewalk area, except at a permanent or

temporary driveway.

7-8-4 Careless Driving. No driver of a vehicle shall operate

or halt the same negligently or needlessly in disregard to the

rights or safety of persons or property.

7-8-5 Driving on Private Property. No driver of a vehicle

shall operate or halt the same on private property without the

consent of the owner thereof.

7-9-1

7-9-3

TITLE 7 POLICE REGULATIONS

CHAPTER 9

GENERAL OFFENSES

SECTIONS:

7-9-1 Firecrackers; Explosives

7-9-2 False Information as to Bombs, etc.

7-9-3 Disturbing the Peace

7-9-4 Permitting Disturbing of Peace

7-9-5 Disturbing the Peace by Person, Association, Firm, or Corporation Legally Holding an

Outdoor Commercial Entertainment Establishment Permit

7-9-6 Possession of Beer or Alcoholic Liquor

7-9-7 Walking, Jogging, or Running Along Roadways

7-9-8 Misdemeanor Assault

7-9-9 Misdemeanor Theft

7-9-1 Firecrackers; Explosives.

Any person who shall have in his or her possession or

explode any firecracker or other fireworks, or throw into any street or alley any squib or other

article containing powder or other explosive material, shall be deemed guilty of a misdemeanor;

provided that the Council may, by resolution, permit the operation of the preceding provisions of

this section, in whole or in part, on the Fourth of July or any other day of public rejoicing.

7-9-2 False Information as to Bombs, etc. No person shall give or circulate false

information as to the location of any bomb, explosive, or other hazardous device or dangerous

instrument upon the premises of any school, church, theater, auditorium, or other place of lawful

assembly, with the willful intent of disturbing or interrupting the usual, legal, and normal

operations of said school, church, theater, auditorium, or other place of lawful assembly.

7-9-3 Disturbing the Peace

. Every person who shall unlawfully disturb the public quiet of

any street, alley, avenue, public square, or any religious or other public assembly or building,

public or private, or any neighborhood, private family, person or law enforcement officer by

giving loud false alarms of fire, by any loud noise, loud playing or loud rendition of music of

any kind, loud singing, loud talking, loud amplification of sound, by loud ringing bells, loud

blowing horns or other instruments, or by loud indecent, loud obscene, or loud profane language,

loud conversation or conduct, or by loud quarreling, loud assaulting, loud fighting, loud honking

horn, loud squealing tires, loud engine or loud muffler noise, or by any other loud device or loud

means whatsoever including but not limited to the use of a mobile vehicle, which clearly can be

heard by auditory senses (ears) by a reasonable person with reasonable hearing shall be deemed

guilty of a misdemeanor.

-289-

4/88 83317

90397-0408

7-9-3

7-9-5

If the person holds a valid outdoor commercial entertainment establishment permit, or is

granted permission to hold a special event, such as Great River Days, Holiday Stroll,

parades, etc., this Section does not apply.

7-9-4 Permitting Disturbing of Peace. Every person who shall suffer or permit any loud

hollering, loud howling, loud screaming, loud bellowing, loud dog barking, loud profane or loud

obscene language, loud fighting, loud playing or loud rendition of music of any kind, loud

singing, loud talking, loud amplification of sound, or any loud noise in any house, mobile

vehicle, or upon any premises owned, occupied or possessed by him, or of which he has control

as agent or otherwise, in such manner as to disturb any neighborhood or persons or law

enforcement officer passing in the streets, which clearly can be heard by auditory senses (ears)

by a reasonable person with reasonable hearing, shall be deemed guilty of a misdemeanor. The

proof of such acts having been done in such place shall be prima facie evidence that the same

was done with the permission of the owner, occupant, or possessor, but such presumption may be

rebutted by proof. If the person holds a valid outdoor commercial entertainment establishment

permit, or is granted permission to hold a special event, such as Great River Days, Holiday

Stroll, parades, etc., this Section does not apply.

7-9-5 Disturbing the Peace by a Person, Association, Firm, or Corporation Legally

Holding an Outdoor Commercial Entertainment Establishment Permit. Every person who has

legally obtained an outdoor commercial entertainment establishment permit who shall suffer or

permit any loud hollering, loud howling, loud screaming, loud bellowing, loud profane or loud

obscene language, loud fighting, loud playing or loud rendition of music of any kind, loud

singing, loud talking, loud amplification of sound within or outside of a building, or any loud

noise upon the premises for which the permit was issued or of which he has control as agent

which clearly can be heard by auditory senses (ears) by a reasonable person of reasonable

hearing and after two (2) separate complaints by persons in a residential district have been made

to the police department, verified by the police department that this section is being violated and

after two (2) personal notifications by the police department to the person responsible for the

premises, upon a third complaint by persons in a residential district to and verified by the police

department that this section is being violated, all within a period of twenty four (24) hours shall

be deemed to have violated the terms of said permit, shall be charged with a municipal infraction

and shall be subject to a civil penalty of $500.00 for the first violation and a civil penalty of

$750.00 for each subsequent violation. In addition, upon the receipt and verification of such

three separate complaints, the City Administrator or his/her designee shall be authorized to

immediately suspend the permit for three (3) days. After three convictions of a municipal

infraction, the City Administrator or his/her designee is authorized to revoke the permit. The

permit holder shall have the right to appeal any suspension or revocation of the permit under this

section to the City Council. All responsible persons shall be jointly and severally liable for civil

penalties.

-290-

90397-0408

7-9-6

7-9-8

7-9-6 Possession of Beer or Alcoholic Liquor. No person or persons under the age of

twenty one (21) years shall individually or jointly have in his or their possession or control beer

or alcoholic liquor. The provisions of this section shall not apply to any person under the age of

twenty (20) years of age and born on or before September 1, 1967, or to any person under the

age of twenty one (21) years who:

(A) Is provided alcoholic liquor or beer as permitted by the Code of Iowa.

(B) Is a regular employee of a liquor control licensee or a beer permittee, while

performing regular duties during the course of employment.

A person 19 or 20 years of age, other than a licensee or a permittee under Chapter

123, Code of Iowa, who violates this section shall, upon conviction, be subject to a

fine of fifteen dollars ($15.00).

7-9-7 Walking, Jogging, or Running Along Roadways.

(A) Where sidewalks are provided, it shall be unlawful for any pedestrian to walk, jog, or

run along and upon an adjacent roadway.

(B) Where sidewalks are not provided, any pedestrian walking, jogging, or running along

and upon a highway or roadway shall, when practicable, walk only on the left side of

the highway or roadway or its shoulder facing traffic which may approach from the

opposite direction.

driver of any vehicle.

7-9-8 Misdemeanor Assault.

A person is guilty of misdemeanor assault when they

commit an act as defined in Chapter 708.1, paragraph 1 or 2 of the Code of Iowa, when the act

does not result in injury. Any person who violates this ordinance is guilty of a misdemeanor

punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars

($200.00) and/or confinement in jail for a period not exceeding thirty (30) days.

7-9-9 Misdemeanor Theft.

A person is guilty of misdemeanor theft when they commit an

act as defined in Chapter 714.1 of the Code of Iowa and the value of the property or service does

not exceed Two Hundred Dollars ($200.00). Any person who violates this ordinance is guilty of

a misdemeanor punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Two

Hundred Dollars ($200.00) and/or confinement in jail for a period not exceeding thirty (30) days.

-290A-

87830-1200

90397-0408

7-10-1

7-10-2

- 291 -

3/84 81735

7/30/0188085-0701

TITLE 7 POLICE REGULATIONS

CHAPTER 10

INTOXICATION

SECTIONS:

7-10-1

Public Intoxication

7-10-2

Public Consumption; Possession of Open Containers

7-10-1 Public Intoxication. A person shall not be intoxicated or simulate

intoxication in a public place. A person violating this section is guilty of a simple

misdemeanor. When a peace officer arrests a person on a charge of public intoxication

under this section, the peace officer shall inform the person that the person may have a

chemical test administered at the person's own expense. If a device approved by the state

commissioner of public safety for testing a sample of a person's breath to determine the

person's blood alcohol concentration is available, that is the only test that need be offered

to person arrested. In a prosecution for public intoxication, evidence of the results of a

chemical test performed under this section is admissible upon proof of a proper

foundation. The percentage of alcohol present in a person's blood, breath, or urine

established by the results of a chemical test performed within two hours after the person's

arrest on a charge of public intoxication is presumed to be the percentage of alcohol

present at the time of the arrest.

7-10-2 Public Consumption; Possession of Open Containers. It shall be unlawful

for any person to use or consume alcoholic liquors or beer upon the public streets,

highways, or in any public place or private property without the owner's consent, or to

possess any open container of beer or alcoholic beverages upon the public streets or

highways, including the sidewalk within the public right-of-way, and in any public place,

except premises covered by a beer or liquor control license, or to possess or consume

alcoholic liquors or beer on any public school property.

- 292 -

7-10-1

7-10-2

TITLE 7 POLICE REGULATIONS

CHAPTER 11

LOADING AND UNLOADING ZONES

SECTIONS:

7-11-1 Curb Loading Zones

7-11-2 Curb Painted Yellow

7-11-3 Standing in Loading Zone

7-11-4 Public Carrier Stops and Stands

7-11-5 Parking of Buses and Taxicabs

7-11-6 Use of Bus and Taxicab Stands

7-11-1 Curb Loading Zones. The City Administrator and Chief

of Police are hereby authorized to determine the location of

loading zones and passenger loading zones and, upon approval of

Council, shall place and maintain appropriate signs indicating

the same and stating the hours during which the provisions of this

chapter are applicable. This authority includes but is not limited

to, the designation of loading zones for the use of commercial

vehicles only. Loading zones will be established with a maximum

of one (1) per block in areas where convenient loading from the

alley is not available.

7-11-2 Curb Painted Yellow. It shall be unlawful for any

person to park any vehicle alongside of any curb painted yellow.

7-11-3 Standing in Loading Zone.

(A) No person shall stop, stand, or park a vehicle for any purpose

or length of time other than for the expeditious unloading

and delivery or pickup and loading of property in any place

marked as a loading zone during hours when the provisions

applicable to such zones are in effect. In no case shall the

stop for loading and unloading of property exceed fifteen

(15) minutes.

(B) The driver of a vehicle may stop temporarily at a loading

zone for the purpose of and while actually engaged in loading

or unloading passengers when such stopping does not interfere

with any vehicle which is waiting to enter or about to enter

such zone to load or unload property.

7-11-4

7-11-6

- 293 -

7-11-4 Public Carrier Stops and Stands. The City Administrator

and Chief of Police are hereby authorized and required to establish

bus stops and taxicab stands and stands for other passenger common-

carrier motor vehicles on such public streets, in such places and in

such number as shall be on motion of the Council determined

to be of the greatest benefit and convenience to the public, and

every such bus stop, taxicab stand, or other stand shall be

designated by appropriate signs.

7-11-5 Parking of Buses and Taxicabs. The driver of a bus

or taxicab shall not park upon any street in any business district

at any place other than at a bus stop, or taxicab stand, respec-

tively, except that this provision shall not prevent the driver

of such vehicles from temporarily stopping in accordance with other

stopping or parking regulations at any place for the purpose of

and while actually engaged in loading or unloading passengers.

7-11-6 Use of Bus and Taxicab Stands. No person shall stop,

stand, or park a vehicle other than a bus in a bus stop, or other

than a taxicab in a taxicab stand, when any such stop or stand

has been officially designated and appropriately signed, except

that the driver of a passenger vehicle may temporarily stop therein

for the purpose of and while actually engaged in loading or un-

loading passengers when such stopping does not interfere with any

bus or taxicab waiting to enter or about to enter such zone.

7-12-1

- 294 -

TITLE 7 POLICE REGULATIONS

CHAPTER 12

NOISE REGULATIONS

SECTIONS:

7-12-1 Definitions

7-12-2 Motor Vehicle Maximum Sound Levels

7-12-3 Motorized Vehicles Operating Off of Public Right-of-Way

7-12-4 Noise Measurement Procedures

7-12-5 Exceptions

7-12-6 Penalty

7-12-1 Definitions.

(A) "A weighted sound level" means the sound pressure level in

decibels as measured on a sound level meter using the A-weighted

network. The level also read is designated dB(A) of dBA.

(B) "Decibel (dB)" means a unit for measuring the volume of a sound.

involving actual or imminent physical trauma or property

damage which demands immediate action.

(D) "Gross vehicle weight rating (GVWR)" means the value specified

by the manufacturer as the recommended maximum load weight of

a single vehicle. In cases where trailers and tractors are

separable, the gross combination weight rating (GCWR), which

is the value specified by the manufacturer as the recommended

maximum load weight of the combination vehicle, shall be used.

(E) "Measurement procedures" means the sound level measurement

procedure for the enforcement of this noise control ordinance

as adopted by the Chief of Police.

(F) "Motor carrier vehicle engaged in interstate commerce" means

any vehicle for which regulations apply pursuant to Section

18 of the Federal Noise Control Act of 1972, as amended, per-

taining to motor carriers engaged in interstate commerce.

7-12-1

7-12-2

- 295 -

(G) "Motor vehicles" means any vehicle which is propelled or drawn

on land by a motor, such as, but not limited to, passenger

cars, trucks, truck-trailers, semi-trailers, campers, go-

carts, snowmobiles, amphibious crafts on land, dune buggies, or

racing vehicles, but not including motorcycles.

(H) "Motorcycles" means an unenclosed vehicle having a saddle for

the use of the operator and two or three wheels in contact

with the ground, including, but not limited to, motor

scooters and minibikes.

(I) "Muffler or sound dissipative device" means a device for

abating the sound of escaping gases of an internal combustion

engine.

(J) "Persons" means any individual, association, partnership, or

corporation, and includes any officer, employee, department,

agency, or instrumentality of a state or a political sub-

division of a state.

(K) "Public right-of-way" means any street, avenue, boulevard,

highway, sidewalk, alley, or similar place which is owned or

controlled by a governmental entity.

(L) "Real property boundary" means an imaginary line along the

ground surface, and its vertical extension which separates the

real property owned by one person from that owned by another

person, but not including intra-building real property divisions.

(M) "Sound level" means the weighted sound pressure level obtained

by the use of a sound level meter and frequency weighting

network, such as A, B, or C as specified in the American

National Standards Institute specifications for sound level

meters. (ANSI SI.4 - 1971, or the latest approved revision

thereof.) If the frequency weighting employed is not

indicated, the A-weighting shall apply.

(N) "Sound level meter" means an instrument which includes a

microphone, amplifier, RMS detector, intergrator or time

averager, output meter, and weighting networks used to measure

sound pressure levels.

7-12-2 Motor Vehicle Maximum Sound Levels.

(A) It shall be unlawful for any person to operate or cause to

be operated a motor vehicle or motorcycle on a public right-

of-way at any time, in such a manner that the sound level

emitted by the motor vehicle or motorcycle exceeds the level

7-12-2

- 296 -

set forth in Table One for the speed limit zone, regardless

of the actual speed of the motor vehicle or motorcycle.

Table One. Motor Vehicle and Motorcycle Sound Limits

Measured at 50 Feet

(Maximum Sound Level, Fast Meter Response)

Sound Level in dBA

Vehicle Class

Speed Limit Speed Limit

35 MPH or

Zone Over

Less

35 MPH

Motor Carrier Vehicle engaged

in Interstate Commerce of

GVWR or GCWR of 10,000 lbs.

or more.

All other motor vehicles of

GVWR or GCWR of 10,000 lbs.

or more.

AnyMotorcycle.

Any other motor vehicle or

any combination of vehicles

towed by any other motor

vehicle.

(B) Adequate Muffler or Sound Dissipative Devices.

1. No person shall operate or cause to be operated on a

public right-of-way any motor vehicle or motorcycle

not equipped with a muffler or other sound dissipative

device in good working order, in constant operation, and

that will sufficiently reduce sound to an acceptable

level.

2. No person shall remove or render inoperative, or cause

to be removed or rendered inoperative, other than for

purposes of maintenance, repair, or replacement, any

muffler or sound dissipative device on a motor vehicle

or on a motorcycle.

acts and the causing thereof are declared to be unlawful:

1. The sounding of any horn, bell, or other auditory device

7-12-2

7-12-3

- 297 -

on or in any motor vehicle on any public right-of-way

or public space for the period of more than one (1)

minute in any hourly period, except as a warning of

danger.

2. The sounding of any horn or other auditory signaling

device which produces a sound level in excess of 85

dBA at fifty (50) feet except as a warning of danger.

3. No person shall operate or shall permit the operation

of any motor vehicle with a gross vehicle weight rating

(GVWR) in excess of ten thousand (10,000) pounds, or

any auxiliary equipment attached to such a vehicle for

a period not longer than five (5) minutes in any hour

while the vehicle is stationary, for reasons other than

traffic congestion, on a public right-of-way or public

space within one hundred fifty (150) feet of a residential

area or designated noise sensitive area, between the

hours of ten o'clock (10:00) P.M. and seven o'clock

(7:00) A.M. the following day.

7-12-3 Motorized Vehicles Operating Off of Public Right-

of-Way.

(A) It shall be unlawful for any person to operate or cause to

be operated any motorized vehicle off of a public right-of-

way in such a manner that the sound level emitted therefrom

exceeds the limits set forth in Table Two at a distance of

fifty (50) feet or more from the path of the vehicle when

operated on a public space or at or across the boundary of

private property when operated on private property. This

section shall apply to all motorized vehicles, whether or

not duly licensed and registered, including, but not limited

to, commercial or noncommercial racing vehicles, motorcycles,

go-carts, snowmobiles, amphibious crafts, campers, and dune

buggies.

Table Two. Motorized Vehicle Sound Limits Measured at

50 Feet

(Maximum Sound Level, Fast Meter Response)

Vehicle Type

Sound Level, dBA

Snowmobile

Motorcycle

Any Other Motorized Vehicle

7-12-4

7-12-6

- 298 -

7-12-4 Noise Measurement Procedures. The Chief of Police

shall promulgate the noise measurement procedures to be used for

the enforcement of this Ordinance. These procedures shall be

based on sound measurement methodology and instrumentation

specified in the latest standards and recommended practices of

the American National Standards Institute, Inc. (ANSI) and the

Society of Automotive Engineers, Inc. (SAE). The procedure shall

describe how to make sound measures at various distances from

a sound source to obtain a valid result equivalent to a measure-

ment of fifty feet (50').

7-12-5 Exceptions. The provisions of this chapter shall not

apply to the following:

(A) The operation of vehicles owned by publically owned or

licensed utilities when engaged in repair or maintenance of

said utilities.

(B) The ceremonial use of signals or warning devices when used

in conjunction with an event given prior approval by the

Chief of Police.

7-12-6 Penalty. Any person who violates any of the provisions

of this chapter shall be deemed guilty of a simple misdemeanor

and upon conviction shall be fined in an amount not less than

twenty dollars ($20.00) nor more than one hundred dollars ($100.00),

or imprisoned for a term not exceeding thirty (30) days. Each

day said violation is permitted to continue shall constitute a

separate and distinct offense and violation.

- 299 -

7-13-1

7-13-4

TITLE 7 POLICE REGULATIONS

CHAPTER 13

OBSTRUCTING A PUBLIC OFFICIAL

SECTIONS:

7-13-1

7-13-2

7-13-3

7-13-4

Interference With Official Acts

Refusing to Assist Officer

Harassment of Public Officers and Employees

False Reports to Law Enforcement Authorities

7-13-1 Interference With Official Acts. It shall be

unlawful for any person to knowingly resist or obstruct any

one known by

the person to be a peace officer in the performance of any

act which is in the scope of the officer's lawful duty or

authority, or to knowingly resist or obstruct the service

or execution by any authorized person of any civil or

criminal process or order of any Court.

7-13-2 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 an arrest, or to prevent the commission of any

criminal act, shall render assistance as required. It shall

be unlawful for any person to unreasonably and without

lawful cause to refuse or neglect to render assistance when

so requested.

7-13-3 Harassment of Public Officers and Employees. It

shall be unlawful for any person to willfully prevent or

attempt to prevent any public officer or employee from

performing the officer's or employee's duty.

7-13-4 False Reports to Law Enforcement Authorities.

It shall be unlawful for any person to report or cause to be

reported false information to a fire department or to a law

enforcement authority, knowing that the information is false,

or to report the alleged occurrence of criminal acts knowing

the same did not occur.

7-14-1

7-14-3

- 300 -

6/14/04 89072-0604

TITLE 7 POLICE REGULATIONS

CHAPTER 14

DRUGPARAPHERNALIA

SECTIONS:

7-14-1 Definitions

7-14-2 Manufacture, Deliver, Sell or Possession

7-14-3 Advertisement of Drug Paraphernalia Prohibited

7-14-4 Penalty for Violation

7-14-1

Definitions.

As used in this section, "drug paraphernalia" means all

equipment, products, or materials of any kind used or attempted to be used in

combination with a controlled substance, except those items used in combination with the

lawful use of a controlled substance, to knowingly or intentionally and primarily do any

of the following:

(1) Manufacture a controlled substance.

(2) Inject, ingest, inhale, or otherwise introduce into the human body a controlled

substance.

(3) Test the strength, effectiveness, or purity of a controlled substance.

(4) Enhance the effect of a controlled substance.

"Drug paraphernalia" does not include hypodermic needles or syringes if

manufactured, delivered, sold, or possessed for a lawful purpose.

7-14-2

Manufacture, Deliver, Sell or Possession.

It is unlawful for any person to

knowingly or intentionally manufacture, deliver, sell, or possess drug paraphernalia.

7-14-3

Advertisement of Drug Paraphernalia Prohibited.

It is unlawful for any

person to place in any newspaper, magazine, handbill, or other publication of any

advertisement, knowing, or under circumstances where one reasonably should know, that

the purpose of the advertisement, in whole or in part, is to promote the sale of objects

designed or intended for use as drug paraphernalia.

7-14-4

- 301 -

6/14/04 89072-0604

(Next Page 304)

7-14-4 Penalty for Violation. Any person who violates any of the provisions of

this Chapter is guilty of a misdemeanor and, upon conviction, shall be fined not less than

Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00) and/or imprisoned

in the County jail for not more than (30) days.

7-15-1

TITLE 7 POLICE REGULATIONS

CHAPTER 15

PARKING METERS AND LOTS

SECTIONS:

7-15-1

Definitions

7-15-2

IndividualParkingSpaces

7-15-3

Installation and Construction; Control and Maintenance of Meters

7-15-4

ZonesEstablished

7-15-5

Coin Operation of Meters

7-15-6

On Street Meter Rates

7-15-7

Municipal Parking Facility Rates

7-15-8

Hours Meters and Lots to be Operated

7-15-9

ParkingMeterViolations

7-15-10

Parking for the Physically Handicapped

7-15-11

Administration

7-15-12

Parking Meter Funds

7-15-13

Ticketing and Payment of Parking Violation

7-15-14

Notice of Violation

7-15-15

Impoundment

7-15-16

Compliance

7-15-17

Reservation of Powers

7-15-1Definitions. ForthepurposeofthisChapter, thefollowingtermsshallhave

the meanings respectively ascribed to them in this section:

(A)

"Operator" shall mean an. individual who shall operate a vehicle as the owner

thereof, or as the agent, employee, or permittee of the owner, or is in actual

physical control of a vehicle.

(B) "Park or parking" shall mean the standing of a vehicle, whether occupied or not,

upon a street otherwise than temporarily for the purpose of, and while actually

engaged in, receiving or discharging passengers or loading or unloading

merchandise or in obedience to traffic regulations, signs, or signals or an

involuntary stopping of the vehicle by reason of causes beyond the control of the

operator of the vehicle.

- 304 -

11/82 81200

7-15-1

7-15-3

11/82 81200

-305-

6/16/8883411

(C)

"Parking meter" shall mean any mechanical device or meter not inconsistent with

this chapter placed or erected for the regulation of parking by authority of this

chapter. Each parking meter installed shall indicate by proper legend the legal

parking time established by the Council and, when operated, shall at all times

indicate the balance of legal parking time, and at the expiration of such period

shall indicate illegal or overtime parking.

(D) "Parking meter space" shall mean any space within a parking meter zone adjacent

to a parking meter and which is duly designated for the parking of a single vehicle

by lines painted or otherwise durably marked on the curb or on the surface of the

streets adjacent to or adjoining the parking meters.

(E)

"Parkingmeterzone"shallmeananyrestrictedstreetuponwhichparkingmeters

are installed and in operation.

(F)

"Street" shall mean any public street, avenue, road, alley, highway, lane, path, or

other public place established for the use of vehicles.

(G) 'Vehicle" shall mean any device in, upon, or by which any person or property is or

may be transported upon a highway, except a device which is operated upon rails

or tracks.

(H) "Leased or Reserved Parking Space" shall mean any space within a parking meter

zone which is duly designated as such for the parking of a single vehicle within an

area designated by lines painted or otherwise durably marked on the curb or on

the surface of the street or parking lot.

(I) "Attendant Lot" is an off-street parking lot with an attendant who collects the

parking fees for vehicles parked in the lot at the rate as established by the Council

as provided in this Chapter 15.

7-15-2IndividualParkingSpaces. TheCityAdministrator, orhisorherdesignate,

is hereby directed and authorized to mark off individual parking spaces in the parking

zones described in Section 7-15-4 of this Code, and in such other zones as may hereafter

be established, such parking spaces to be defined by lines painted or durably marked on

the curbing or surface of the street.

7-15-3 Installation and Construction; Control and Maintenance of Meters. The

City Administrator, or his or her designate, shall cause parking meters to be installed

upon the curb or sidewalk immediately adjacent to the parking spaces in the parking

meter zones established by Section 7-15-4 of this Code, such installation to be placed not

more than two feet (2') from the curb nor more than four feet (4') from the front line of

the parking spaces as indicated, and the City Administrator, or his or her designate, shall

be responsible for the regulation, control, operation, maintenance, and use of such

parking meters. Each device shall be so set as to display a signal showing legal parking

7-15-3

7-15-4

upon the deposit of the appropriate coin or coins, lawful money of the United States of America,

for the period of time prescribed by this Title. Each device shall be so arranged that upon the

expiration of the lawful time limit it will indicate by proper visible signal that the lawful parking

period has expired, and in such cases, the right of such vehicle to occupy such space shall cease

and the operator, owner, possessor, or manager thereof shall be subject to the penalties

hereinafter provided.

7-15-4 Zones Established. The following named and described areas, streets, portions of

streets, or off-street parking lots, and such other areas, streets, portions of streets, or off-street

parking lots as may hereafter be established by resolution of the Council shall constitute parking

meter zones:

(A) Second Street, both sides, from Mulberry Avenue to Pine Street.

(B) Third Street, both sides, from Chestnut Street to Mulberry Avenue.

(D) Fourth Street, both sides, from Sycamore Street to Chestnut Street.

(E) Mulberry Avenue, both sides, from Second Street to Sixth Street.

(F) Walnut Street, both sides, from Mississippi Drive to Fourth Street.

(G) Cedar Street, both sides, from Mississippi Drive to Fourth Street.

(H) Sycamore Street, both sides, from Mississippi Drive to Fourth Street.

(I)

Iowa Avenue, both sides, from Mississippi Drive to Fourth Street.

(J) Chestnut Street, both sides, from Mississippi Drive to Third Street.

(K) Mississippi Drive, from Sycamore Street to Pine Street, on the north side of the street.

(L) Pine Street, both sides, from Mississippi Drive to Alley #1 and from Alley #1 to Second

Street on the east side.

-306-

11/82 81200

90165-0707

7-15-4

7-15-5

(M)

Parking Lot #1 in the 200 block of West Third Street.

(N)

Parking Lot #2 in the 200 block of West Second Street.

(O)

Parking Lot #7 in the 200 block of East Third Street.

(P)

Parking Lot #4 in the 200 block of East Mississippi Drive off of Sycamore Street.

(Q)

Parking Lot #8 in the 300 block of East Third Street.

(R)

Parking Lot #6 in the 100 block of West Third Street.

(S)

Levee Parking .

7-15-5 Coin Operation of Meters. Except in a period of emergency determined by an officer

of the Fire Department or Police Department, or in compliance with the directions of a police officer

or traffic control sign or signal, when any vehicle shall be parked in any parking space alongside of

or next to which a parking meter is located, the operator of such vehicle shall, upon entering the

parking meter space, immediately deposit or cause to be deposited in that meter such proper coin of

the United States as is required for that parking meter and is designated by proper directions on the

meter, and when required by the directions on the meter, the operator of such vehicle, after the

deposit of the proper coin or coins, shall also set in operation the timing mechanism on such meter

in accordance with directions properly appearing thereon. Failure to deposit such proper coin and

to set the timing mechanism in operation, when so required, shall constitute a violation of this

chapter. Upon the deposit of such coin and the setting of the timing mechanism in operation when

so required, the parking space may be lawfully occupied by such vehicle during the period of time

which has been prescribed for the part of the street in which such parking space is located; provided,

that any person placing a vehicle in a parking meter space adjacent to a meter which indicates that

unused time has been left in the meter by the previous occupant of the space shall not be required

to deposit a coin so long as his occupancy of such space does not exceed the indicated unused

parking time. If such vehicle shall remain parked in any such parking space beyond the parking time

limit set for such parking space, and if the meter shall indicate such illegal parking, then, and in that

event, such vehicle shall be considered as parking overtime and beyond the period of legal parking

time and such parking shall be deemed a violation of this Chapter.

-307-

11/82 81200

87274-0599

7-15-6

7-15-8

7-15-6 On Street Meter Rates. Parking or standing a vehicle in a designated space in an

on-street parking meter zone shall be lawful upon the deposit of coins of the United States of

America as established by Resolution adopted from time to time by the City Council.

A vehicle may be parked only once in an on-street parking stall in the parking meter

district for any time period up to the maximum parking time limit as indicated on the parking

meter or by appropriate signs, after which the vehicle shall be moved from that parking stall. A

vehicle moved from the parking stall may not be parked in that same parking stall during the

next consecutive eight (8) hour period even though the vehicle was parked for less than the

maximum parking time limit.

7-15-7 Municipal Parking Facility Rates.

(A) The Council may, by resolution from time to time establish the parking rate for off street

metered spaces in Lots 1, 2, 4, 6, 7 and 8.

(B) It shall be unlawful for any vehicle to be parked in any municipal parking facility for a

period longer than twenty four (24) hours and such vehicles shall constitute a nuisance

and the Department of Public Safety may move the vehicle off the parking facility to a

storage space and the cost thereof shall be assessed to the owner of the vehicle.

parking space and such vehicle shall constitute a nuisance and the Department of Public

Safety may move the vehicle off the parking facility to a storage space and the cost

thereof shall be assessed to the owner of the vehicle.

7-15-8 Hours Meters and Lots to be Operated.

(A) Parking meters shall be operated in the parking zones established by Section 7-15-4 of

this Code, every day, except Saturdays, Sundays and holidays, between the hours of eight

o’clock (8:00) a.m. and five o’clock (5:00) p.m.

11/82 81200

11/83 81630

11/84 82052

9/85 82420

6/88 83411

87274-0599

88894-1103

-308-

90165-0707

7-15-8

7-15-9

(A) As used in this section, the term “holiday” shall mean the days which are declared to be

legal holidays for City employees under Title 1, Chapter 11, Section 8, of the City Code

of the City of Muscatine, Iowa. When the holiday falls on a Saturday, the holiday will be

observed on Friday. If the holiday falls on Sunday, the holiday will be observed on

Monday.

(B) The Council may, by resolution from time to time determine the length of time that

parking is permissible at both an individual parking space for which a meter is installed

upon the deposit of such coin or coins of United States money in the parking meter as

herein provided; and the off-street lots.

not parking meter spaces beyond the length of time provided by resolution according to

Section 7-15-8(C) and further shall not be parked in more than one such parking space in

either Lot #2 or Lot #4 during any consecutive twenty four (24) hour period.

(D) The Council may, by resolution from time to time establish attendant lots, the parking

rate and hours of operation for attendant lots and the rate and hours of operation for

leased or reserved parking spaces.

7-15-9 Parking Meter Violations.

(A) Evidence. Parking is prohibited in any parking space on a street or in a municipal parking

lot where a meter is installed and displays a signal showing that the parking is not

permitted unless a deposit of such coin or coins of United States money is made as herein

provided. Any vehicle parking in violation shall be deemed illegally parked. The fact that

a vehicle is in an individual parking space when the time signal on the parking meter of

the same shows no parking permitted unless a deposit of a proper coin is made as herein

provided shall be deemed prima face evidence of the unlawful parking of such motor

vehicle by its operator or owner.

(B) Overtime Parking, Extending Time.

It shall be unlawful and a violation of the provisions

of this Chapter for any person to cause, allow, permit, or suffer any vehicle registered in

the name of or operated by such person to be parked overtime, or beyond the period of

legal parking time established for any parking meter zone as described in this Chapter or

to deposit in any parking meter any coin for the purpose of parking beyond the maximum

legal parking time for the particular parking meter zone.

11/82 81200

11/83 81630

11/84 82052

9/85 82420

- 309 -

6/88 83411

7-15-9

7-15-10

(C)

Expired Meter. It shall be unlawful for any person to permit any vehicle to remain

or be placed in any parking space adjacent to any parking meter while such meter

isdisplayingasignalindicatingthatthevehicleoccupyingsuchparkingspacehas

already been parked beyond the period prescribed for such parking space.

(D) SeparateOffenses. Eachconsecutivehourduringonecalendardaythatavehicle

remains illegally parked as above provided shall be a separate and distinct offense

under this Chapter. The first offense shall terminate one hour after the time a

ticket charging said offense is issued, which time shall be noted on the ticket,

and a separate and new offense shall occur during each one hour period

thereafter.

(E)

To Park Within Marked Lines. It shall be unlawful for any person to park any

vehicle across any line or marking of a parking meter space or in such position that

the vehicle shall not be entirely within the area designated by such lines or

markings.

(F)

Deposit of Slugs. It shall be unlawful for any person to deposit or cause to be

deposited in any parking meter any slug, device or metal substance or other

substitute for lawful coins, except that a token bearing the imprint "Greater

Downtown Muscatine Association" purchased from the Office of the City Clerk

which shall be considered lawful tender.

(G) Tampering with Meters. It shall be unlawful for any person to deface, injure,

tamper with, open or willfully break, destroy, or impair the usefulness of any

parking meter installed under the provisions of this Chapter.

(H) Penalty. The penalty for offenses for meter or nonmeter parking violations shall

be as prescribed in Section 7-15-14 of this Chapter.

7-15-10ParkingforthePhysicallyHandicapped.

(A) The City Administrator, or his or her designate, is hereby authorized to establish

special parking places for on-street parking areas or off-street parking facilities for

motor vehicles displaying special identification devices as specified by the Code of

Iowa. Such devices shall be those issued by the Department of Transportation of

the State and shall be displayed in a motor vehicle being used by an individual,

either as operator or passenger, who is confined to a wheelchair or is otherwise so

- 310 -

11/82 81200

7-15-10

7-15-11

physically handicapped that he/she has significant difficulty or insecurity in walking.

Such designated parking place shall be no less than twelve feet (12’) wide, except in the

case of parallel parking spaces on public streets.

(B) Any parking space located in on-street parking areas or off-street parking facilities,

either public or private, intended to be a handicapped parking space shall be so

designated by a separate sign showing the international symbol of accessibility for each

parking space erected in accordance with the Uniform Traffic Control Device Manual.

international symbol of accessibility located in on-street parking areas or off-street

parking facilities, either public or private, by a motor vehicle not displaying a

handicapped identification device, or by a motor vehicle displaying such a device but

not being used by a handicapped person as operator or passenger is a misdemeanor for

which a fine may be imposed upon the owner, operator, or lessee of the motor vehicle.

7-15-11 Administration.

(A) Supervision. It shall be the duty of the City Administrator, or his or her designate, to

provide supervision for the daily operations of the Parking Enterprise fund.

(B) Enforcement. It shall be the duty of the City Administrator or his/her designate to

establish the enforcement provisions for this Chapter.

designate to establish the rules and procedures for the collection of the money deposited

in parking meters and to deposit such money as required by the City Council.

(D) A three (3) member administrative review panel will be established with a

representative from the Police Department, the Finance Department and a citizen-at-

large to be appointed by the City Council. The administrative review panel will meet

once a month to adjudicate appeals made by motor vehicle operators. All appeals must

be filed with the city’s Parking Bureau within ten (10) days of receipt of ticket. The

administrative review panel will render a decision on a ticket of dismissed or not-

dismissed and notify the motor vehicle operator accordingly. If the operator disagrees

with the decision, he/she may have the matter brought before a judicial magistrate for a

determination.

11/82 81200

2/84 81714

-311-

90165-0707

7-15-12

7-15-14

- 312 -

11/82 81200

7-15-12 Parking Meter Funds. The coins deposited in parking meters are required

and shall be used to defray the expense of proper regulation of traffic upon the public

streets; to provide for the cost of supervision, regulation, and control of the parking of

vehicles in parking meter zones; and to cover the cost of purchase, supervision,

protection, inspection, installation, operation, maintenance, control, and use of parking

meters and other parking and traffic control devices. Any of such funds remaining

thereafter may be used either to purchase, lease, or otherwise acquire parking lots or

other off-street parking areas for the parking of vehicles; or such remaining funds may

be used for the retirement of revenue bonds issued for the purpose of acquiring,

improving, maintaining, or operating parking lots or other off-street parking areas for the

parking of vehicles, in the event the revenue from such parking lots or other off-street

parking areas for the parking of vehicles is insufficient to pay the cost of retiring such

bonds and for any other lawful purpose permitted by the Code of Iowa. If the parking

enterprise has a surplus in its fund, then this surplus may be transferred to any other

city fund, by resolution of the City Council.

7-15-13 Ticketing and Payment of Parking Violation. In the event of a meter or

non-meter parking violation, it shall be the duty of the police officers and/or meter

attendants of this city to report:

(A) The parking violation involved.

(B) In the event of a parking meter violation, the number of each parking meter which

indicates that the vehicle occupying the parking space adjacent to such parking

meter is or has been parked in violation of any of the provisions of Sections 7-15-9

and 7-15-10.

(D) The time during which such vehicle is or was parked in violation of any of the

provisions of this Chapter, and the time the ticket was issued.

(E) Any other fact or facts, knowledge of which is necessary for a thorough

understanding of the circumstances attending such violation.

7-15-14 Notice of Violation. Members of the Police Department and/or meter

attendants shall attach to any vehicle parked in violation of this Chapter a citation to the

owner or operator thereof that such vehicle has been parked in violation of a provision

of this Chapter and instructing such owner or operator to report to the Finance Office

in City Hall in regard to such violation. The following regulations shall apply:

7-15-14

7-15-15

(A) If a citation issued for a vehicle parked in a parking space while the parking meter

indicates that time has expired, but said vehicle has not been parked beyond the parking

time limit set for such parking space, the penalty shall be ten dollars ($10.00); except,

the penalty shall be five dollars ($5.00) if the violation is admitted and paid within

seventy-two (72) hours of the time and date of issue. If the number of citations issued

for a vehicle exceeds twenty (20) citations in the same calendar year, the penalty shall

be twenty-five dollars ($25.00) for each citation issued in excess of twenty (20)

citations in the same calendar year.

(B) If a citation is issued for a vehicle parked in a parking space beyond the parking time

limit set for such parking space, the penalty shall be ten dollars ($10.00); except, the

penalty shall be five dollars ($5.00) if the violation is admitted and paid within seventy-

two (72) hours of the time and date of issue. If the number of citations issued for a

vehicle exceeds twenty (20) citations in the same calendar year, the penalty shall be

twenty-five dollars ($25.00) for each citation issued in excess of twenty (20) citations

in the same calendar year.

equal to the amount as specified in the Code of Iowa.

(D) Under subsections (A), (B), and (C) of this section, the money may be collected by

designated individuals on duty who shall keep an accurate record and transfer the

money so collected to the Finance Office.

(E) If payment is not made within a reasonable period of time, not to exceed ninety (90)

days, the violator shall be made to appear before a Magistrate or the Associate District

Court Judge.

7-15-15 Impoundment.

(A) No vehicle shall be impounded by the city unless such vehicle is on a public street or in

a public lot.

(B) Whenever it is determined that any vehicle has accumulated ten (10) or more parking

tickets or twenty-five dollars ($25.00) or more worth of accumulated parking violations

as defined in the provisions of this Code, such vehicle may be impounded subject to the

following conditions:

1. Impoundment shall occur only after notice and opportunity for an administrative

hearing is offered to the last known registered owner of such motor vehicle.

11/82 81200

8552-0794

-312A-

90165-0707

7-15-15

2. Notice shall constitute the following: Written notification by first class mail

stating the license number of the vehicle at issue; the owner’s name; a brief

description of the parking tickets issued to such vehicle; that the owner has the

right to request an administrative hearing before impoundment if such request is

made within ten (10) days of the mailing date of the notice; that the hearing shall

be as to the merits of whether to impound such motor vehicle for unpaid parking

violations; that failure to request a hearing in a timely fashion or failure to appear

at such hearing constitutes a waiver to an opportunity for hearing; and that the

owner shall be responsible for all charges and costs incurred in impounding such

vehicles.

3. The hearing shall be conducted before the Administrative Parking Review Panel

made up of a representative of the Finance Department, Police Department and a

private citizen to be appointed by the City Council, and shall be limited as to

whether such vehicle shall be impounded for unpaid parking tickets. The owner

may at that time pay for any outstanding tickets.

4. Should the City Administrator or his/her designate or the Administrative Parking

Review Panel determine that the vehicle shall be impounded, he/she shall notify

the owner, either orally at the conclusion of the hearing or by letter; however, no

such notice need be given should the owner or designated representative fail to

appear at such hearing.

5. The city shall notify the last known registered owner of such impounded vehicles

by certified mail if the name and address of such owner can be ascertained with

reasonable diligence unless the owner or operator has appeared and has made

claim to the seized vehicle.

If it is necessary to enter a locked or unlocked

vehicle in order to impound such vehicle, such entrance must be made in the presence

of a police officer. The police officer shall conduct a search of such vehicle as he/she

deems necessary to protect the contents therein, however, such search need not be a

complete inventory.

11/82 81200

-312B-

90165-0707

7-15-15

7-15-17

(D) Release of impounded vehicles. The registered owner or operator may reclaim any

vehicle impounded pursuant to the provisions herein by appearing before the City

Administrator, or his/her representative, within ten (10) days of written notification. At

such time, the owner or the operator shall sign a certificate that he/she is the registered

owner or operator of the impounded vehicle, pay for all charges and costs incurred in

impounding the vehicle and pay for all outstanding parking tickets. It shall be unlawful

for any person to reclaim any vehicle impounded pursuant to the provisions herein,

contrary to the procedure set forth in this section. All unclaimed vehicles are subject to

public auction in accordance with the Code of Iowa.

7-15-16 Compliance. Any person who shall violate or fail to comply with any of the

provisions of this chapter, or who shall counsel, aid, or abet any such violation or failure to

comply, shall be deemed guilty of a misdemeanor.

7-15-17 Reservation of Powers. Nothing in this chapter shall be construed as prohibiting

the city from providing for bus stops, taxicab stands, and other matters of similar nature,

including the loading or unloading of trucks, vans, or other commercial vehicles. Nothing in this

chapter shall prohibit emergency or utility vehicles from performing their duties or responding to

emergency calls.

-312C-

11/82 81200

7-16-1

7-16-2

- 312D -

86691-1097

TITLE 7 POLICE REGULATIONS

CHAPTER 16

PARENTAL RESPONSIBILITIES

SECTIONS:

7-16-1

Title and Purpose

7-16-2

Definitions

7-16-3

Parental Duties

7-16-4

Parental Violation and Penalty

7-16-5

Notification of Parents; Record of Notification

7-16-6

Liability of Parents; Record of Notification

7-16-1.

Title and Purpose.

This Ordinance is declared necessary to protect and preserve

the rights, privileges, and property of the City of Muscatine,

Iowa, or of its residents, and to preserve and improve the peace,

safety, health, welfare, comfort, and convenience of its

residents, and is intended to address situations where parents

have failed to act responsibly and reasonably in the supervision

of their minor children to the detriment of the general public.

7-16-2.

Definitions.

(A)

Delinquent Acts.

Those acts which violate the laws of the

United States, or the statutes of the state or the

ordinances of the city or those acts which would cause or

tend to cause the minor to come under the jurisdiction of

the Juvenile Court but do not include traffic violations.

(B)

Minor.

For the purpose of this ordinance, Minor shall

include persons who are under eighteen (18) years of age.

(C)

Parent.

A mother, father, legal guardian and any other

person having the care or custody of a minor or any person

acting in the parent's stead who has custody or control of

the minor.

(D)

Illegal Drugs.

Controlled substances obtained without a

legal prescription.

(E)

Juvenile Delinquent.

Those minors whose behavior interferes

with the rights of others or menaces the welfare of the

community.

7-16-2

7-16-3

(F)

Recklessly.

Conduct engaged in by a person in conscious

disregard of a substantial and justifiable risk that

circumstances exist or that a result will follow which

constitutes an offense under this section and where such

disregard constitutes a gross deviation from the standard of

care which a reasonable person would exercise in the

situation.

7-16-3.

Parental Duties.

(A) It is the continuous duty of the parent of any minor to

exercise reasonable control to prevent the minor from

committing any delinquent act.

(B) Included (without limitation) in this continuous duty of

reasonable parental control are the following duties,

(1) To keep illegal drugs or illegal weapons out of the

home and provide that legal weapons and/or ammunition

are inaccessible to the minor except as provided in

Iowa Code Section 724.22.

(2) To know the Curfew Ordinances (Title 7, Chapter 6, City

Code) of the City of Muscatine, and to require the

minor to observe the Curfew Ordinance.

(3) To require the minor, if sixteen (16) years of age or

younger, to attend regular school sessions and to

forbid the minor to be absent from class without

parental or school permission as provided in the

Muscatine Community School District attendance policy

unless the parent has filed the Affidavit as provided

in Iowa Code Section 299.6.

(4) To arrange proper supervision for the minor when the

parent must be absent, in accordance with Iowa

Department of Human Resources guidelines.

(5) To not knowingly allow or permit the minor to

maliciously or willfully destroy real, personal or

mixed property which belongs to the City of Muscatine,

or is located in the City of Muscatine.

(6) To not knowingly allow or permit the minor to keep

stolen property, illegally possess weapons or illegal

drugs, or associate with known juvenile delinquents, or

criminal street gang members and to seek help from

appropriate governmental authorities or private

agencies in handling or controlling the minor, when

necessary.

- 312E -

86691-1097

7-16-4

7-16-5

- 312F -

86691-1097

7-16-4.

Parental Violation and Penalty.

(A) No parent of any minor under the age of eighteen (18) years

shall fail to exercise reasonable parental control over such

minor. An adjudication said minor has committed a felony,

misdemeanor or violation of an ordinance except traffic

violations may be considered as evidence that said parent

failed to exercise reasonable parental control.

(B) Pursuant to the violation of this ordinance, the parent of

minor shall be held civilly responsible for the damages

caused by the commission of any delinquent act within the

City of Muscatine.

(C)Upon the first adjudication of a minor of committing a

felony, misdemeanor, or ordinance violation except traffic

violations the notice sent to the parent as provided in this

Chapter shall be considered as a warning.

(D) Upon subsequent adjudication of a minor within two (2) years

of his or her first adjudication, as provided above,

following the aforesaid notice to parent, a first violation

of this ordinance will be deemed to have occurred and the

parent shall be subject to a civil penalty of fifty dollars

($50.00).

(E) Upon the second offense of a violation of this Ordinance,

the parent shall be subject to a civil penalty of one

hundred dollars ($100.00), and in addition, shall be

required to participate in, through completion, a City

Approved, community based treatment program (such as

parenting skills, family services, employment and training,

etc.) or community service working in a tutorial or

educational setting.

(F) Upon the third or subsequent offense of a violation of this

ordinance, the parent shall be subject to a civil penalty of

two hundred dollars ($200.00).

(G)A violation of this Chapter is a municipal infraction as

provided in Iowa Code Section 364.22.

7-16-5.

Notification of Parents; Record of Notification.

(A) When a minor is apprehended or detained for a delinquent or

reckless act, the parent shall receive a written notice

thereof, either by certified or registered mail, return

receipt requested, or by personal service with a certificate

of personal service returned, from the police department of

the City of Muscatine following said adjudication or

nonjudicial sanction; and

7-16-5

7-16-6

- 312G -

86691-1097

(B) A record of such notification shall be maintained by the

Records Division of the Muscatine Police Department.

attendancecenter.

7-16-6.

Liability of Parents; Record of Notification.

(A) Injuring or destroying property or acts of vandalism.

shall be unlawful for any person to willfully or maliciously

break, deface, injure or destroy any property within the

City of Muscatine, whether such property is owned by the

state, county, city or any other governmental body, or owned

by any private person. It shall be a violation of this

section for any person to commit an act of vandalism.

(B) Liable for actual damages.

The parent of an unemancipated

minor who resides with such parent is liable for actual

damages for the willful or malicious acts of such minor

which cause injury to a person or property,

(C) Recovery.

No recovery under this section may exceed

$2,000.00 actual damages for any one act or $5,000.00 to the

same claimant for two or more acts of such willful or

malicious acts by the minor causing injury, in addition to

taxable court costs. In determining the damages to

allowed in an action under this article for personal injury,

only medical, dental and hospital expenses may be recovered.

(D) Other Liability.

This article shall not effect the recovery

of damages in any other cause of action where the liability

of the parent is predicated on a common law or statutory

basis.

- 313 -

7-17-1

TITLE 7 POLICE REGULATIONS

CHAPTER 17

PUBLIC DISORDER

SECTIONS:

7-17-1

7-17-2

7-17-3

7-17-4

7-17-5

Disorderly Conduct

Unlawful Assembly

Failure to Disburse

Permitting Disorderly Conduct

Disorderly Conduct in a Place of Business

7-17-1 Disorderly Conduct. It shall be unlawful for any

person to do any of the following:

(A) Engage 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 the sport.

(B) Make any loud and raucous noise in the vicinity of any

residence, public building, or hospital which:

1. Endangers or injures the safety or health of humans or

animals.

2. Annoys or disturbs a reasonable person of normal

sensitivities.

3. Endangers or injures personal or real property.

the person knows or reasonably knows is likely to provoke a

violent reaction by another.

(D) Without lawful authority or color of authority, disturb any

lawful assembly or meeting of persons by conduct intended

to disrupt the meeting or assembly.

(E) By words, or action, initiate or circulate a report or warning

of fire, epidemic, or other catastrophe, knowing such report

to be false or such warning to be baseless.

7-17-1

7-17-5

- 314 -

8/85 82375

(F) Without authority or justification, obstruct any street,

sidewalk, highway, or other public way, or the entrance or the

exit of any business house, dwelling house, theater, lecture

room, or church with the intent to prevent or hinder its

lawful use by others.

(G) Urinate or defecate on any public street, sidewalk, alley, or

park.

7-17-2 Unlawful Assembly. It shall be unlawful for two (2)

or more persons to assemble together, if any or all of them act

in a violent manner, with the intent that any or all of them will

commit a public offense. In addition, it shall be unlawful for

any person to willingly join in or remain a part of an unlawful

assembly knowing or having reasonable grounds to believe that it

is such.

7-17-3 Failure to Disburse. A peace officer may order the

participants in a riot or unlawful assembly, or persons in the

immediate vicinity of a riot or unlawful assembly, to disburse.

It shall be unlawful for any person within hearing distance of

such a peace officer to refuse to obey said command.

7-17-4 Permitting Disorderly Conduct. It shall be unlawful

for any person to allow or permit any disorderly conduct as defined

in Section 7-17-1 in any house or upon any premises owned, occupied,

or possessed by him.

7-17-5 Disorderly Conduct in a Place of Business. It shall

be unlawful for any person to commit any of the following acts:

(A) Use of abusive or obscene language, profanity, insulting

names or epithets which by their very utterance tends to

incite another to an immediate breach of the peace; talking,

calling, or yelling so loudly as to disrupt other persons in

lawful pursuits of the immediate locality, quarreling,

fighting, brawling, or striking or beating another person,

in any store, hotel, tavern, grocery, inn, restaurant, or any

other place of business within the City, or any parking lot

in the immediate proximity of such place of business.

(B) Authorize or permit such conduct as described in the fore-

going section upon any property which the person owns,

leases, or has charge or control of, or any such place of

business or parking lot during the hours such business is

being conducted; PROVIDED, however, that the prompt notifi-

cation of the Police Department of the occurrence of such

conduct shall be sufficient to show lack of authorization or

permission.

7-18-1

7-18-2

- 315 -

TITLE 7 POLICE REGULATIONS

CHAPTER 18

SNOW EMERGENCY REGULATIONS

SECTIONS:

7-18-1 Definitions

7-18-2 Snow Emergency Routes

7-18-3 Signs

7-18-4 Parking on Snow Emergency Routes

7-18-5 Duration of Snow Emergency

7-18-6 Conflict of Ordinances

7-18-7 Notice of Snow Emergency

7-18-8 Termination of Snow Emergency

7-18-9 Stalled Vehicles

7-18-10 Removal and Impounding of Vehicles

7-18-11 Citation of Vehicle

7-18-12 Evidentiary Presumption

7-18-1 Definitions. The following definitions shall apply

in the interpretation and enforcement of this Ordinance.

(A) "Director" means the Director of Streets and Grounds, or,

in his or her absence, his or her designate.

(B) "Street" or "highway" means the entire width between the

boundary lines of every way publicly maintained when any part

thereof is open to the use of the public for purposes of

vehicular travel.

designed, or ordinarily used for vehicular travel, exclusive

of the berm or shoulder.

(D) "Snow emergency routes" are those streets marked as such in

accordance with the provisions of this Ordinance.

(E) "Secondary streets" are any streets which are not marked

"snow emergency routes".

7-18-2 Snow Emergency Routes. The snow emergency routes

shall consist of such streets or portions of streets as the City

7-18-2

7-18-8

- 316 -

Council may from time to time designate by appropriate motion.

7-18-3 Signs. On those streets or parts thereof designated

by the Council as snow emergency routes, special signs shall be

posted at intervals not exceeding six hundred feet (600') with

the wording: "Snow Emergency Route. No Parking During Snow

Removal". These signs shall be distinctive and uniform in

appearance, shall be plainly readable to persons traveling on the

street or highway And shall comply with the Manual on Uniform

Traffic Control Devices, as adopted by the City.

7-18-4 Parking on Snow Emergency Routes. Whenever the

Director determines, on the basis of falling snow, sleet, or

freezing rain, that weather conditions will make it necessary that

motor vehicle traffic be expedited and that parking on City streets

be prohibited or restricted for snow plowing and other purposes,

he or she shall declare a snow emergency on all or a portion of the

emergency routes. While a snow emergency is in effect, no person

shall park, or allow to remain parked, any vehicle on any portion

of a snow emergency route to which the snow emergency applies.

Nothing in this section shall permit parking at any time or place

otherwise forbidden by any other provision of law.

7-18-5 Duration of Snow Emergency. Once declared, a snow

emergency shall remain in effect until terminated by announcement

of the Director, in accord with this chapter.

7-18-6 Conflict of Ordinances. The provisions of this

Chapter which become effective during a snow emergency shall take

precedence over conflicting ordinances normally in effect, except

those relating to traffic accidents, emergency travel of authorized

vehicles, or emergency traffic directions by a police officer.

7-18-7 Notice of Snow Emergency. The Director shall cause

each declaration of a snow emergency made by him or her under

this Ordinance to be publicly announced by means of broadcasts or

telecasts from stations with a normal operating range covering

the City, and he or she may cause such declaration to be further

announced in newspapers of general circulation when feasible.

Each announcement shall describe the action taken by the Director,

including the effective time and the streets or areas affected.

A snow emergency declared by the Director shall not go into effect

less than two (2) hours after it has been announced in the news

media between seven o'clock (7:00) A.M. and ten o'clock (10:00)

P.M. The Director shall keep a record of the time and date when

each snow emergency is first announced to the public.

7-18-8 Termination of Snow Emergency. Whenever the Director

determines the need for a snow emergency no longer exists, he or

7-18-8

7-18-11

- 317 -

she may declare it terminated, in whole or in part, effective

immediately upon announcement through appropriate news media.

7-18-9 Stalled Vehicles. Whenever a vehicle becomes stalled

or immobilized, for any reason, on any part of a snow emergency

route during a snow emergency, the person operating that vehicle

shall take immediate action to have the vehicle towed or pushed

off the roadway of the snow emergency route, either onto the first

cross street which is not a snow emergency route, or onto the

public space portion of a nearby driveway. No person shall

abandon or leave his vehicle in the roadway of such snow emergency

route except for a reasonable time necessary to receive assistance.

7-18-10 Removal and Impounding of Vehicles. Members of the

Police Department are authorized to remove or have removed a

vehicle from a street to a garage or other place of safety when:

(A) The vehicle is parked on a part of a snow emergency route

on which a snow emergency is in effect.

(B) The vehicle is stalled or immobilized on a part of a snow

emergency route on which there is a snow emergency in effect

and the person who was operating such vehicle does not appear

to be removing it in accordance with the provisions of this

Chapter.

or provision of law and is interfering or about to interfere

with snow removal operation. When an officer removes or has

removed a vehicle from a street as authorized herein and the

Police Department knows, or is able to ascertain from the

registration records in the vehicle, the name and address of

the owner thereof, the Police Department shall, within

twenty-four (24) hours, give written notice to such owner

of the fact of removal, the reasons therefor, and the place

to which the vehicle has been removed. If the owner does

not appear within three (3) days to identify and claim the

vehicle and pay the removal and storage costs, such vehicle

shall be considered to be an abandoned vehicle and the Police

Department shall proceed to sell or dispose of the same

in accord with the provisions of the Code of Iowa.

7-18-11 Citation on Vehicle. Whenever any motor vehicle

without a driver is found parked or left in violation of any

provision of this chapter, and is not removed and impounded, the

officer finding such vehicle may take its registration number and

any other information displayed on the vehicle which identifies

its user, and conspicuously affix to such vehicle a traffic

citation for the driver to answer the charge against him on the

7-18-11

7-18-12

- 318 -

date, time, and place specified in the citation. Nothing herein

shall be construed as prohibiting both removal of a vehicle and

prosecution of the driver for violation of this chapter.

7-18-12 Evidentiary Presumption. In any prosecution with

regard to a vehicle parked or left in a place or in a condition

in violation of this chapter, proof that the particular vehicle

described in the complaint was parked or left in violation of a

provision of this Chapter, together with proof that the defendant

named in the complaint was at the time the registered owner of

that vehicle is presumptive evidence that the defendant was the

person who parked or left the vehicle in violation of this

Ordinance.

- 319 -

7-19-1

7-19-3

TITLE 7 POLICE REGULATIONS

CHAPTER 19

TRAFFIC: CONTROL DEVICES

SECTIONS:

7-19-1

7-19-2

7-19-3

7-19-4

Authority to Install

Adoption of Manual

Crosswalks; Safety Zones; Traffic Lanes

Authority to Sign One-Way Streets and Alleys

7-19-1 Authority to Install. The City Administrator, or

his or her designate, shall, on motion of the Council, place and

maintain traffic control signs, signals, and devices when and as

required under this Code or when ordered to do so by motion of

the City Council.

7-19-2 Adoption of Manual. The Manual on Uniform Traffic

Control Devices, as adopted by the Federal Highway Administrator

and as adopted by the Iowa State Highway Commission and subject

to such changes and amendments as may be imposed thereon by the

Iowa State Highway Commission, be and the same is hereby adopted

and incorporated by reference into the City Code of the City of

Muscatine, Iowa, as if fully set out herein, as authorized by the

Code of Iowa.

7-19-3 Crosswalks; Safety Zones; Traffic Lanes. The City

Administrator, or his or her designate, is hereby authorized:

(A) To designate and maintain, by appropriate devices, marks

or lines upon the surface of the roadway, crosswalks at

intersections where, in his or her opinion, there is

particular danger to pedestrians crossing the roadway, and at

such other places as he or she may deem necessary.

(B) To establish safety zones of such kind and character and at

such places as he or she may deem necessary for the protection

of pedestrians.

as he or she may deem advisable, consistent with this Code.

7-19-4

- 320 -

7-19-4 Authority to Sign One-Way Streets and Alleys. Whenever

the Council shall, by motion or otherwise, designate any one-way

street or alley, the City Administrator, or his or her designate,

shall place and maintain signs giving notice thereof, and no such

regulation shall be effective unless such signs are in place.

Signs indicating the direction of lawful traffic movement shall

be placed at every intersection where movement of traffic in the

opposite direction is prohibited, including the entrance to

alleys.

- 321 -

8/84 81936

8/84 81937

86481-0497

7-20-1

TITLE 7 POLICE REGULATIONS

CHAPTER 20

TRAFFIC: INGENERAL

SECTIONS:

7-20-1

Definitions

7-20-2

Parades; Processions

7-20-3

Clinging to Vehicles

7-20-4

Riding on Parts of Vehicles Not for Passengers

7-20-5

State Law; Law of the Road

7-20-6

Operation of Golf Carts

7-20-7

Avoidance of Traffic Control Devices

7-20-8

Speed Limits

7-20-9

All-Terrain Vehicles

7-20-1

Definitions.

Unless otherwise expressly stated or the context clearly indicates a

different intention, the following words and phrases when used in this Title shall, for the purpose of

this Title, have the meanings respectively ascribed to them in this section:

(A)

"Bicycle" shall mean every device propelled by human power upon which any person may

ride, having two (2) tandem wheels, and including any device generally recognized as a

bicycle though equipped with two (2) front or two (2) rear wheels.

(B)

"Central business or traffic district" shall mean:

1. The central business or traffic district shall consist of such streets and areas as shall from

time to time be designated by motion of the Council.

2. The following streets and alleys, and areas intersecting and adjacent thereto, are hereby

designated as the central business or traffic district: Mississippi Drive from Oak Street

to the theoretical intersection of Spruce Street; Second Street from Poplar Street to Pine

Street; Third Street from Oak Street to Chestnut Street; Fourth Street from Poplar Street

to Chestnut Street; Oak Street from Mississippi Drive to Fourth Street; Orange Street

from Mississippi Drive to Fourth Street; Mulberry Avenue from Mississippi Drive to

Seventh Street; Walnut Street from Mississippi Drive to Fourth Street; Cedar Street from

Mississippi Drive to Fourth Street; Sycamore Street from Mississippi Drive to Fifth

Street; Iowa Avenue from Mississippi Drive to Fourth Street; Chestnut Street from

Mississippi Drive to Third Street; Pine Street from Mississippi Drive to Third Street.

- 322 -

7-20-1

7-20-5

(C)

"Curb loading zone" shall mean a space adjacent to a curb reserved for the exclusive use of

vehicles during loading or unloading of passengers or materials.

(D)

"Roadway" shall mean that portion of a street or highway improved, designed, or

ordinarily used for vehicular travel. In the event a highway includes two (2) or more separate

roadways, the term "roadway" as used in this chapter shall refer to any such roadway

separately but not to all such roadways collectively.

(E)

"Stop" shall mean complete cessation of movement when required.

(F)

"Stop, stopping, or standing" shall mean, when prohibited, any stopping or standing of

a vehicle whether occupied or not, except when necessary to avoid conflict with other

traffic or in compliance with the direction of a police officer or traffic control sign or

signal.

(G) "Traffic"shallmeanpedestrians, riddenorherdedanimals, vehicles, andotherconveyances,

either singly or together, while using any street for purposes of travel.

7-20-2

Parades., Processions.

No procession or parade, except forces of the United States

Army, Navy, or Marine Corps, the military forces of this state, and the forces of the Police and Fire

Departments, shall occupy, march, or proceed along any street except in accordance with a permit

issued pursuant to Title 5, Chapter 12 of the City Code.

7-20-3

Clinging to Vehicles.

Any person riding upon any bicycle, moped, motorcycle, (

coaster, sled, roller skates, or any toy vehicle shall not attach the same or himself to any moving

vehicle upon any roadway.

7-20-4

Riding on Parts of Vehicles Not for Passengers.

(A)

It shall be unlawful for the driver of any vehicle to permit any person to ride on the fenders,

running boards, front ends, or rear ends of such vehicle or any part of a vehicle not intended

for passengers, except for the purpose of repairing the same.

(B)

It shall be unlawful for any person to ride on the fenders, running boards, front ends, or rear

ends of any vehicle, or any part of a vehicle not intended for passengers, except for the

purpose of repairing such vehicle.

7-20-5

State Law: Law of the Road.

The provisions of Chapter 321 of the Code of Iowa

are hereby adopted by reference and it shall be unlawful for any person to violate any provision or

amendments thereto, where the violation of such statute or statutes is declared, directly or indirectly,

to be a misdemeanor, except such provisions as are by their nature inapplicable and not within the

powers granted to Cities of the class and size of this City to adopt.

7-20-6

7-20-9

8/84 81936

8/84 81937

4/86 82599

9/87 83120

10/90 84326

- 323 -

10/90 84327

86481-0497

7-20-6

Operation of Golf Carts.

A person possessing a valid operator's license may

operate a golf cart on City streets provided, however, .that a golf cart shall not be operated upon a City

street which is a primary road extension through the City but shall be allowed to cross a City street

which is a primary road extension through the City. The golf carts shall be equipped with adequate

brakes, a slow moving vehicle sign, and bicycle safety flag and operate on the streets only from

sunrise to sunset.

7-20-7

Avoidance of Traffic Control Devices.

It is unlawful for any person operating a

motor vehicle to leave the roadway and travel across public or private property to avoid an official

traffic control device.

7-20-8

Speed Limits.

(A)

The lawful speed for the operation of a motor vehicle on Industrial Connector Road between

Grandview Avenue and Stewart Road shall be 35 miles per hour and any speed in excess

thereof shall be unlawful.

(B)

The lawful speed for the operation of a motor vehicle on Cedar Street between the West

Corporate Line and Parham Street shall be 35 miles per hour except for the school district

200 feet either direction from Muscatine High School and Hayes Elementary School, where

the speed shall be 25 miles per hour while children are present and any speed in excess

thereof shall be unlawful.

(C)

The lawful speed for the operation of a motor vehicle on Imperial Oaks, Long Meadow,

Forest Parkway, and West Grove shall be 20 miles per hour.

(D) The lawful speed for the operation of a motor vehicle on Imperial Oaks, Long Meadow,

Forest Parkway, and West Grove shall be 20 miles per hour.

(E)

The lawful speed for the operation of a motor vehicle on Houser Street between Mulberry

and Lucas Street shall be thirty miles per hour except for the school district 200 feet either

direction from L.L. Pickett School at 1420 Houser Street, where the speed shall be 25 miles

per hour while children are present and any speed in excess thereof shall be unlawful.

7-20-9

All-Terrain Vehicles.

As provided in Iowa Code Section 321G.9(4)(a) and any

amendments thereto, the registered all-terrain vehicle owned by the City of Muscatine may be

operated by Muscatine police officers on all highways and streets in the City of Muscatine, Iowa,

and other public places when required in carrying out their duties as directed by the Chief of Police.

7-21-1

7-21-3

TITLE 7 POLICE REGULATIONS

CHAPTER 21

TRAFFIC: JUNK, OBSOLETE, STORED VEHICLES

SECTIONS:

7-21-1 Definitions

7-21-2 Storing on Streets Illegal

7-21-3 Violation

7-21-4 Removal

7-21-5 Junked Vehicles

7-21-6 Owner Subject to Fine

7-21-7 Junked Vehicles; Removal

7-21-1 Definitions.

(A) “Motor vehicle” shall mean every vehicle which is self propelled. The term “car” or

automobile” shall be synonymous with the term “motor vehicle”.

(B) “Junk or obsolete motor vehicle” shall mean a motor vehicle or portion thereof not in

operable condition or not licensed for the current year as provided by the law.

without having been moved at least twenty-five feet (25’) for a period of twenty-four (24)

hours or longer.

(D) “Streets” shall mean streets, alleys, parking lots, avenues, roads, boulevards, highways, or

other public ways located in the city.

(E) “Owner” or “operator” shall mean every individual who operates a motor vehicle as the

owner thereof or as the agent, employee, or permittee of the owner or is in actual physical

control of the motor vehicle at the last time it was moved or operated.

7-21-2 Storing on Streets Illegal. No motor vehicle, trailer, boat, or other personal

property shall be stored on the streets of the city.

7-21-3 Violation.

Any motor vehicle, trailer, boat, or other personal property which is

found to be in violation of Section 7-21-2 hereof shall be ticketed for violation of such section by

the police. The penalty for such violation shall be ten dollars ($10.00) for each twenty-four (24)

hours that the vehicle is in violation of said section.

-324-

90133-0607

7-21-4

7-21-7

7-21-4 Removal. In the event that a motor vehicle is in violation of Section 7-21-2 for a

period of longer than forty-eight (48) hours, then in addition to the penalty imposed by Section

7-21-3, said vehicle may be removed or caused to be removed by the city. Said city may move or

cause said motor vehicle to be moved to some convenient place. The cost of such removal and

storage charges, if any, are to be borne by the owner or operator.

7-21-5 Junked Vehicles.

No junked or obsolete motor vehicles or portions thereof shall

be parked or located on the streets of the city at any time.

7-21-6 Owner Subject to Fine.

The owner or operator of any such junked or obsolete

motor vehicle which is parked on the streets of the city in violation of Section 7-21-5 shall be

subject to a fine of twenty dollars ($20.00) for each twenty-four (24) hours or part thereof in

which said junked vehicle is parked on the street in violation of said section.

7-21-7 Junked Vehicles; Removal. In addition to the penalty provided by Section 7-21-6,

junked or obsolete motor vehicles may be removed by the city to some convenient place. The

cost of such removal and storage charges, if any, shall be borne by the owner or operator of said

junked or obsolete motor vehicle.

-325-

90133-0607

7-22-1

7-22-4

- 326 -

TITLE 7 POLICE REGULATIONS

CHAPTER 22

TRAFFIC: STOPPING, STANDING, PARKING

SECTIONS:

7-22-1 Standing, Parking Close to Curb

7-22-2 Markings Indicating Angle Parking

7-22-3 Angle Parking Signs, Markings

7-22-4 Parking Restrictions

7-22-5 Moving Other Vehicles into Prohibited Area

7-22-6 Unattended Motor Vehicle

7-22-7 Parking in Alleys

7-22-8 All-night Parking Prohibited

7-22-9 Parking for Certain Purposes Prohibited

7-22-10 Hazardous or Congested Places

7-22-11 Parking on Private Property

7-22-12 Notice of Violation

7-22-13 Form of Notice of Violation

7-22-1 Standing; Parking Close to Curb. No person shall

stand or park a vehicle in a roadway other than parallel with the

edge of the roadway, headed in the direction of lawful traffic

movement and with the right-hand wheels of the vehicle within

eighteen inches (18") of the curb or edge of the roadway, except

as otherwise provided in this chapter.

7-22-2 Markings Indicating Angle Parking. The Council shall

designate the streets upon which angle parking shall be permitted

and the City Administrator, or his or her designate, shall mark

such streets by painting the curb and street in such a manner as

to clearly indicate the angle at which vehicles may be parked.

7-22-3 Angle Parking Signs, Markings. Upon those streets

which have been signed or marked by the City Administrator, or

his or her designate, upon motion of the Council, for angle parking,

no person shall park or stand a vehicle other than at the angle

to the curb or edge of the roadway indicated by such signs or

markings.

7-22-4 Parking Restrictions. No person shall stop, stand,

or park a vehicle, except when necessary to avoid conflict with

7-22-4

- 327 -

other traffic or in compliance with law or the directions of a

police officer or traffic control device in any of the following

places:

(A) On the normal traffic lane of any roadway, whether or not a

vehicle is parked between such normal traffic lane and the

curb or edge of the roadway.

(B) At any place where official signs or markings prohibit

stopping, standing, or parking. The City Administrator, or

his or her designate, on motion of the Council, shall place

and maintain such signs and markings when so required by the

provisions of this Code.

pounds or more for a longer period than thirty (30) minute

between the hours of seven o'clock (7:00) P.M. and six

o'clock (6:00) A.M. on any street or alley within the

residential district of the City.

(D) Any truck hauling gasoline or ammunition or other hazardous

material between the hours of seven o'clock (7:00) P.M. and

six o'clock (6:00) A.M. on any street or alley within the

residential district of the City.

(E) On the City Street right-of-way between the curb and the

adjoining private property line. The exception to this

prohibition of parking within the previously described

portion of the City street right-of-way shall conform to the

following process provided the request for utilizing this

is made for and within the residential (R3, R4, R5, R6) zoning

districts and only for the required parking when physical

hardships prevent off-street parking. The applicant shall

request to lease this portion of the City street right-of-

way and provide or agree to the following:

1. Provide the written consent of the property owners on

either side of the property owner requesting the lease.

2. Furnish the names and mailing addresses of all

property owners between the intersecting streets where

the lease is proposed.

3. The City Council shall hold a public hearing on the proposed

lease; property owners between the intersecting streets of

the proposed lease will be notified by mail at least four

(4) days prior to the scheduled public hearing.

- 328 -

3/83 81307

7-22-4

7-22-7

4. A City staff report shall address the lease and relate

potential traffic hazards, hazards to pedestrians,

access problems for fire equipment or rescue squads,

location of under or above ground utilities, and other

pertinent information.

5. The City Council shall determine the maximum duration

and annual rate for the granting of a lease. The lessee

shall make annual payment and failure to pay within

thirty (30) days of the due date shall constitute

automatic cancellation of the lease.

6. Lessees shall be responsible for the maintenance and

repair of the area leased and shall pave with concrete,

asphalt, or brick the parking area leased in accordance

with design criteria approved by the City. Vehicles parked

pursuant to this subsection shall be parallel with the curb,

headed in the direction of lawful traffic movement.

7. Applicants for a lease to use a City owned street right-

of-way for the purpose of parking a vehicle shall pay,

in addition to the leased rate, an initial fee of

twenty-five dollars ($25.00) to cover the administrative

cost of processing the review and mailings, this fee

shall not be refundable.

7-22-5 Moving Other Vehicles into Prohibited Area. No person

shall move a vehicle not owned by such person nor lawfully under

his control into any such prohibited area or away from a curb

such distance as is unlawful.

7-22-6 Unattended Motor Vehicle. No person driving or in

charge of a motor vehicle shall permit it to stand unattended with-

out first stopping the engine and removing the key from the

ignition switch. When standing upon any perceptible grade, will

effectively set the brake thereon and turn the front wheels to the

curb or side of the highway.

7-22-7 Parking in Alleys.

(A) No person shall park or allow to stand any vehicle in any

alley where official signs indicate that parking is prohibited

except for the expeditious loading and unloading of such

vehicle.

(B) In alleys where parking is not prohibited, no person shall

park a vehicle or allow the same to stand in such a manner

or under such conditions as to leave available less than

ten feet (10') of the width of the roadway for the free

7-22-7

7-22-12

movement of vehicular traffic, and no person shall stop or park a vehicle within an alley in

such a position as to block the driveway entrance to any building or other abutting

property.

7-22-8 All-Night Parking Prohibited. No person shall park a vehicle on any street

between the hours of two o’clock (2:00) a.m. and six o’clock (6:00) a.m. where official signs

have been placed indicating prohibition of such parking. This provision shall not apply to

physicians, operators of official police cars, ambulances, or other vehicles engaging in making

emergency calls.

7-22-9 Parking for Certain Purposes Prohibited. No person shall park a vehicle upon any

roadway for the principal purpose of:

(A) Displaying such vehicle for sale.

(B) Washing, greasing, or repairing such vehicle, except repairs necessitated by an emergency.

7-22-10 Hazardous or Congested Places.

(A) The City Administrator, or his or her designate, is hereby authorized to determine and to

designate by proper signs, including painting of curbing yellow, not exceeding one hundred

feet (100’) in length, places in which the stopping, standing, or parking of vehicles would

create an especially hazardous condition or would cause unusual delay in traffic.

(B) When official signs are erected at hazardous or congested places, as authorized herein, no

person shall stop, stand, or park a vehicle in any such designated place.

7-22-11 Parking on Private Property. It shall be a misdemeanor to park a motor vehicle

upon real property without the consent of the owner or person in possession of such property, or

the agents of either. Any motor vehicle parked in violation of this section may be ticketed and/or

removed pursuant to the following procedure: The owner of such motor vehicle may reclaim

such vehicle pursuant to state law.

7-22-12 Notice of Violation.

(A) If a citation for a vehicle parked in violation of this chapter is returned to the police station

within twenty-four (24) hours, the penalty shall be ten dollars ($10.00).

(B) If the citation is returned to the police station more than twenty-four (24) hours after having

been issued, or the citation is contested by the violator, the violator shall be made to appear

before a Magistrate or the Associate District Court Judge.

-329-

90133-0607

7-22-12

7-22-13

accurate record and transfer the money so collected to the Finance Office.

7-22-13 Form of Notice of Violation. The citation or notice of violation referred to in

Section 12 of this chapter shall be in substantially the following form:

CITY OF MUSCATINE

POLICE DEPARTMENT

Date:

Time:

Location:

License No.

Make:

Model:

Color:

Name:

Address:

You are in violation of the City Ordinance checked below:

1. Parking, 2:00 a.m. to 6:00 a.m.

2. Parking in Alley

3. Parking within 5 ft. Fire Hydrant

4. Double Parking

5. No Parking Zone

6. Wrong Side of Street

7. Over 24 hours

8. Over 48 hours

9. Loading Zone

10. Bus Zone

11. Other

The fine for this violation is $5.00 if paid within 24 hours of time of violation. If not paid within

24 hours, a warrant will be issued for your arrest.

This citation may be paid in person or by mail to the Muscatine Police Department, 312 E. 5

Street, Muscatine, Iowa 52761.

Office Number

-330-

7-23-1

7-23-3

- 331 -

11/2/89 83969

TITLE 7 POLICE REGULATIONS

CHAPTER 23

TRAFFIC: WEIGHT EMBARGOES

SECTIONS:

7-23-1 WeightEmbargo

7-23-2 Exceptions

7-23-3 TruckRoute

7-23-4 Violation

7-23-5 Length and Weight Exception

7-23-1 Weight Embargo. The City Council may by motion

place weight embargoes upon streets in the City of Muscatine,

Iowa. The motion shall specifically designate the street

upon which the embargo is imposed and direct the City

Administrator, or his or her designate, to place and maintain

signs indicating such embargo.

7-23-2 Exceptions. The following vehicles shall be

exempt from the weight embargo:

(A) Commercial vehicles engaged in the furnishing of services

at premises fronting on the prescribed street or

premises contiguous to the prescribed street which have

no other means of access.

(B) School buses .

7-23-3 Truck Route. As used in this section, truck

shall mean motor truck, truck tractor, trailer, semi-trailer,

as defined in the Code of Iowa, Chapter 321, 1989 and as

subsequently amended. The operation of any truck exceeding thirty

(30) feet in length or weighing ten (10) tons or more, when

loaded or empty, is prohibited upon every street in the City

except designated streets which are hereby established as the

City's Designated Truck Route System. Further, trucks

placarded as required by the Code of Federal Regulations

(49 CFR 172.504) for the transport of hazardous material

and requiring an endorsed commercial drivers license for such

transport are required to use the City's Designated Truck

Route System.

- 332 -

11/2/89 83969

7/3/96 86243

12/29/0087829-1200

7-23-3

(A) Designated Truck Route System:

- All U.S. and State Highways (#22, 38, 61 Business, and 61 Bypass, 92).

- Cypress Street from East Fifth Street to Isett Avenue.

- Isett Avenue from Cypress Street to the U.S. Highway 61 Bypass. East Fifth Street from

- Cypress Street to Cedar Street.

- Cedar Street from East Fifth Street to Mississippi Drive (Business Route Highway 61

and 92).

- Industrial Connector Road from Highway(s) 61 and 92 to Maple Grove Road.

- Stewart Road from the Industrial Connector Road to Oregon Street and along

Oregon Street to Business Route Highway 61 and 92.

- Lucas Street from the Highway 61 Bypass to Houser Street

- Hershey Avenue from the Highway 61 Bypass to Houser Street.

- Houser Street from Lucas to Grandview Avenue.

- University Drive from Highway 22 to Highway 61.

- Oak Street from East Second Street to East Fifth streets

(B)

Departure from Designated Truck Route System. All trucks having a fixed terminal,

making a scheduled or definite stop within the City for the purpose of loading or

unloading shall proceed over and upon the Designated Truck Route System as set out

above to the nearest point of its scheduled or definite stop. From that point, the truck

shall proceed to its destination and return to the truck route by the most direct

method. It is the responsibility of the operator of the truck to have in possession for

inspection a log book, delivery slip or other evidence of the truck's destination and

point of origin to justify the presence of the truck on a street other than the

Designated Truck Route System.

- 332A -

11/2/89 83969

7-23-3

7-23-5

(C)

Exceptions. The provisions of this Chapter governing the Designated Truck

Route System shall not apply to school buses, fire trucks, City utility, service, and

roadway maintenance trucks and vehicles.

(D)

Alternate Truck Routes. Whenever any street or roadway functioning as a part of

the Designated Truck Route System is under repair or otherwise temporarily out of

use, the City Administrator or designated representative shall be authorized to

designate a temporary alternate route(s).

7-23-4 Violation. Any person who operates a truck or vehicle in violation of this Chapter

shall be deemed guilty of a simple misdemeanor and fined fifty dollars ($50.00) for the first

offense, seventy five dollars ($75.00) for the second offense and one hundred dollars ($100.00)

for the third and all subsequent offenses.

7-23-5 Length and Weight of Motor Vehicles Exception. The total length and weight of

any motor vehicle or any combination of vehicles shall not exceed that allowed by the statutes of

the State of Iowa, except as hereinafter provided: A motor vehicle or combination of vehicles

being operated on a particular interstate trip may be operated upon the streets or highways within

the City of Muscatine, irrespective of the length and weight limitations imposed by the laws of

the State of Iowa, if the length and weight of the motor vehicle or combination of vehicles is in

conformity with the laws relating to such length and weight of the State of Illinois on July 1,

1974, provided, however, that such motor vehicles or combination of vehicles are limited to

those streets or highways which are of the same type on which the motor vehicles or combination

of vehicles are permitted to operate within the State of Illinois, and provided further that the

operation of such motor vehicles or combination of vehicles within the City of Muscatine is

limited to commercial zones as described in Federal Regulations, paragraphs 1048.10, 1048.38

and 1048.101 as they exist on July 1, 1974.

7-24-1

7-24-5

TITLE 7 POLICE REGULATIONS

CHAPTER 24

WEAPONS

SECTIONS:

7-24-1 Discharging Firearms

7-24-2 Missiles

7-24-3 Carrying of Weapons

7-24-4 Peace Officers – Exception

7-24-5 Bow Hunting Deer – Exception

7-24-1 Discharging Firearms. It shall be unlawful for any person to discharge any

firearm, B.B. gun, pellet gun, bow and arrow, sling shot, or any other device which

discharges a projectile, within the Corporate Limits of the City of Muscatine, except on a

recognized target range.

7-24-2 Missiles. It shall be unlawful for any person to throw any missile upon any

street, alley, or public place, or to shoot any bow and arrow, B.B. gun, pellet gun, sling

shot, or any other device which discharges a projectile so that said projectile crosses a

public street, alley, public place, or real property boundary.

7-24-3 Carrying of Weapons. It shall be unlawful for any person to carry or

display any weapon, loaded or unloaded, in a threatening manner, real or implied, on any

street, alley, public place, or private property.

7-24-4 Peace Officers – Exception.

Nothing in this Chapter shall be construed to

prevent peace officers from using their weapons in the performance of their duties.

7-24-5 Bow Hunting Deer – Exception.

It shall not be deemed a violation of this

chapter to use a bow and arrow to hunt deer on parcels of two (2) acres or more with the

following conditions:

89164-0904

-333-

90205-0807

7-24-5

(A) The person is the owner of the property or has permission from the owner to

allow for bow hunting.

(B) The person bow hunting must successfully complete a proficiency test as

approved by action of the Muscatine City Council.

with a bow.

(D) The person has a permit issued by the Muscatine City Clerk.

(E) The hunt shall be authorized by action of the Muscatine City Council prior to

October 1 of each year, during the time when such hunting is allowed by the

law and regulations of the State of Iowa.

(F) Hunting shall not occur within one hundred fifty (150) feet of any residence,

church, or occupied structure.

(G) The hunt shall be limited to the sex of the deer allowed by the laws or

regulations of the State of Iowa and as allowed by action of the Muscatine

City Council.

(H) The person hunting must demonstrate compliance with these requirements to

any law enforcement officer upon request.

(I) Persons wishing to participate in this program are required to attend an

informational meeting held by the City of Muscatine in advance of the

designated season.

(J) With the permission of City Council, designated public property may be used

during the designated hunting season.

(K) Property owners with adjoining lot lines will be permitted to combine

properties to reach the minimum two (2) acres required for hunting and there

will be no zoning restriction on this acreage.

89164-0904

89863-0806

-333A-

90205-0807

7-25-1

7-25-2

TITLE 7 POLICE REGULATIONS

CHAPTER 25

POLICE DOGS

SECTIONS:

7-25-1

Police Dogs, Willful Mistreatment

—

Interference

7-25-2

Penalties

7-25-1 Police Dogs, Willful Mistreatment

—

Interference. It shall be unlawful for

any person to willfully or maliciously torture, torment, beat, kick, strike, mutilate, injure,

disable, or kill any dog used by the police department in the functions or duties of such

department, or to interfere with or tamper with any such dog while being used by the

policedepartment.

7-25-2 Penalties. Any person convicted of violating the provisions of the preceding

Section 7-25-1 shall be fined not more than $100.00 or imprisoned not to exceed 30

days in jail.