TITLE 7
    POLICE REGULATIONS
    SUBJECT
    CHAPTER
    POLICEDEPARTMENT
    1
    ALARMREGULATIONS
    2
    BICYCLES
    3
    CONTROLLED ACCESS FACILITY
    4
    ADULT CROSSING GUARDS
    5
    CURFEW
    6
    DAMAGE AND TRESPASS TO PROPERTY
    7
    DRIVING RULES
    8
    GENERALOFFENSES
    9
    INTOXICATION
    10
    LOADING AND UNLOADING ZONES
    11
    NOISE REGULATIONS
    12
    OBSTRUCTING A PUBLIC OFFICIAL
    13
    DRUG PARAPHERNALIA
    14
    PARKING METERS
    15
    PARENTAL RESPONSIBILITIES
    16
    PUBLIC DISORDER
    17
    SNOW EMERGENCY REGULATIONS
    18
    TRAFFIC: CONTROL DEVICES
    19
    TRAFFIC: IN GENERAL
    20
    TRAFFIC: JUNK, OBSOLETE, STOREDVEHICLES
    21
    TRAFFIC: STOPPING, STANDING, PARKING
    22
    TRAFFIC: WEIGHT EMBARGOES
    23
    WEAPONS
    24
    POLICE DOGS
    25
    - 276 - (Next page is 278)

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    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.

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    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

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    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
    7-2-2
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    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
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    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
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    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
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    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.

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    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.

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    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
    q
    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
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    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
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    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
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    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
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    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.

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    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.

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    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.

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    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
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    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
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    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
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    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
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    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
    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.

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    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:
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    (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-
    4.
    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
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    11/2/95 85985
    (C) To enter upon or in property for the purpose or with the
    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.
    (C) No minor shall, at the time of purchase of any spray paint
    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.
    (C) No person shall stand in the roadway for the purpose of soliciting a ride from the
    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
    T
    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
    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.
    (C) "Emergencies" means any occurrence or set of circumstances
    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
    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
    86
    90
    in Interstate Commerce of
    GVWR or GCWR of 10,000 lbs.
    or more.
    All other motor vehicles of
    86
    90
    GVWR or GCWR of 10,000 lbs.
    or more.
    AnyMotorcycle.
    82
    86
    Any other motor vehicle or
    76
    82
    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.
    (C) Motor Vehicle Horns and Signaling Devices. The following
    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
    78
    Motorcycle
    78
    Any Other Motorized Vehicle
    78

    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.

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    7-14-4
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    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
    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.
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    7-15-3
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    (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.
    (C) Fourth Street, both sides, from Walnut 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.
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    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.
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    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.
    (C) It shall be unlawful for any unauthorized vehicle to be parked in a leased or reserved
    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.
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    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.
    (C) Vehicles shall not be parked in designated parking spaces in Lot #2 and Lot #4 which are
    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.
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    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
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    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.
    (C) The use of a space designated as a handicapped parking space by the display of the
    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.
    (C) Collection; Deposit of Coins. It shall be the duty of the City Administrator or his/her
    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.
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    7-15-12
    7-15-14
    - 312 -
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    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.
    (C) The state license number of such vehicle.
    (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.
    (C) All fines for parking in a handicapped parking space by unauthorized vehicles shall be
    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.
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    7-15-15
    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.
    (C) Entrance into impounded vehicles.
    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.
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    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-
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    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.
    (C) A copy of this notice shall be provided the minor's school
    attendancecenter.
    7-16-6.
    Liability of Parents; Record of Notification.
    (A) Injuring or destroying property or acts of vandalism.
    It
    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
    *
    be
    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
    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.
    (C) Direct obusive epithets or make any threatening gesture which
    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.
    (C) "Roadway" means that portion of a street or highway improved,
    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.
    (C) The vehicle is parked in violation of any parking Ordinance
    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.
    (C) To mark lanes for traffic on street pavements at such places
    as he or she may deem advisable, consistent with this Code.

    7-19-4
    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
    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.
    (C) “Stored vehicle” shall mean a motor vehicle which has been parked in the same location
    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
    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.
    (C) Any vehicle having a gross weight of six thousand (6,000)
    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.

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    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
    (C) The money may be collected by the police officer or clerk on duty who shall keep an
    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
    th
    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 .
    (C) City emergency or service vehicles.
    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.

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    11/2/89 83969
    7/3/96 86243
    12/29/0087829-1200
    7-23-3
    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.

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    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
    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.
    (C) The person has a license or permit required by the State of Iowa to hunt deer
    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.

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