8-5-3: OFFENSES INVOLVING PUBLIC OFFICERS

   A.   Impersonating An Officer: It shall be unlawful for any person other than a duly appointed and acting officer or representative of the city to wear or display any insignia tending to designate the wearer as being an officer or representative of the city. (1978 Code §24-3)

   B.   Refusing To Assist Officers: Any peace officer making an arrest may summon as many persons as necessary to aid in making the arrest, and all persons refusing to obey such summons shall be guilty of a simple misdemeanor. (1978 Code §29-1; amd. 1994 Code)

   C.   Obstructing Officers: No person shall rescue or take any person from the custody of any peace officer or prevent the arrest of any such person or resist, oppose, obstruct or impede any member of the police force in the discharge of the officer's duties. (1978 Code §29-2; amd. 1994 Code)

8-5-4: DAMAGING, DEFACING PROPERTY:

No person shall damage or deface in any manner any property belonging to another, whether public or private, without the consent of the owner of such property. (1978 Code §24-1)

8-5-5: KEEPING DISORDERLY HOUSE:

   A.   Simple Misdemeanor: No person shall permit or suffer to continue, without taking legal steps to prevent the same, any quarreling, fighting, disorderly conduct, or any other conduct or condition that threatens injury to persons or damage to property. No person shall permit or suffer to continue, without taking legal steps to prevent the same, loud, raucous, disagreeable noises made with an intentional or reckless disregard for causing a disturbance of the neighborhood, or a disturbance to the general public, upon any premises owned by the person or in the person's possession. For the purposes of this section, "a disturbance to the general public" includes the disturbance of persons beyond the subject premises and/or to the disturbance of persons upon public places, including peace officers.

      1.   A person who violates the provisions of subsection A of this section is guilty of a simple misdemeanor punishable as follows:

         a.   For a first offense, a fine of three hundred dollars ($300.00).

         b.   For a second offense, a fine of five hundred dollars ($500.00).

         c.   For a third or subsequent offense, a fine of eight hundred fifty-five dollars ($855.00).

   B.   Authority To Restore Order And Disperse; Failure To Disperse: Upon issuance of a criminal complaint for a violation of this section, any peace officer of the city shall have authority to restore order upon the subject premises, up to and including ordering the dispersal of person(s) from the subject premises. Any person who fails or refuses to obey and abide by such an order shall be guilty of a violation of this section. Any violation of this subsection shall be a simple misdemeanor.

   C.   Civil Sanction: Quarreling, fighting, disorderly conduct, or any other conduct or condition that threatens injury to persons or damage to property, or loud, raucous, disagreeable noises made with an intentional or reckless disregard for causing a disturbance of the neighborhood, or a disturbance to the general public, upon any premises owned by the person or in the person's possession is prohibited. For the purposes of this section, "a disturbance to the general public" includes the disturbance of persons beyond the subject premises and/or to the disturbance of persons upon public places, including peace officers. Any violation of this subsection by a property owner or tenant is a municipal infraction punishable by a civil penalty of seven hundred fifty dollars ($750.00) for first offense and one thousand dollars ($1,000.00) for second and subsequent offenses.

(Ord. 12-4496, 9-18-2012; amd. Ord. 19-4811, 11-4-2019; Ord. 23-4909, 9-5-2023)

8-5-6: INDECENT EXPOSURE:

   A.   It shall be unlawful for a person to allow or permit the exposure of the genitals, buttocks, female breasts or pubes of such person to another not the person's spouse or partner or to commit a sex act in the presence or view of another person except a spouse or partner, if:

      1.   The person does so to arouse or satisfy the sexual desire of either of them; and

      2.   The person knows or reasonably should know that the act is offensive to the viewer.

   B.   "Sex act" means any act, actual or simulated, which involves contact with human or animal genitalia or the anus. This would include, but not be limited to, such acts as masturbation or sexual intercourse. (Ord. 12-4468, 3-20-2012)

   C.   The penalty for violation of this section is punishable by a penalty as set in Iowa Code section 903.1(1)(a), as amended. (Ord. 15-4620, 5-19-2015)

8-5-7: FALSE ALARMS 1 :

No person except peace officers shall sound any police whistle or make any sound similar to such whistle, nor, without reasonable cause therefor, call for the services of any peace officer. (1978 Code §29-4; amd. 1994 Code)

 

Notes

1	1. See also section 8-2-2 of this title.

8-5-8: ENGINE BRAKING:

   A.   No person shall use an engine brake while operating a motor vehicle except in an emergency situation. "Engine brake" means the use or operation of any mechanical exhaust device designed to aid in the braking, decompression, or deceleration of any motor vehicle which results in the unreasonably loud, raucous, unusual, or explosive noise from such vehicle. "Emergency situation" means one in which there is imminent danger to property, persons and/or animals.

   B.   Any violation of this section shall be considered a simple misdemeanor punishable by a fine as provided in the schedule of fees set out in title 3, chapter 4 of this code. (Ord. 06-4209, 4-18-2006)

8-5-9: AMATEUR FIGHTING AND BOXING:

   A.   No person, individual, association, corporation, partnership or club holding a liquor control license, wine or beer permit, which authorizes on the premises consumption, nor his or her agents or employees shall allow an amateur fighting or boxing match to occur on said premises, unless said match is sanctioned by USA Boxing.

   B.   No person shall participate in an amateur fighting or boxing match in an establishment holding a liquor control license, wine or beer permit, which authorizes on the premises consumption, unless said match is sanctioned by USA Boxing.

   C.   No person shall promote, advertise, or organize an amateur fighting or boxing match in an establishment holding a liquor control license, wine or beer permit, which authorizes on the premises consumption, unless said match is sanctioned by USA Boxing.

   D.   "Amateur fighting and boxing match" means a boxing, wrestling, mixed martial arts fighting, extreme fighting, ultimate fighting or shoot fighting match, contest, event or exhibition for which the contestants are not paid or awarded a prize for their participation.

   E.   Any violation of this section shall be considered a simple misdemeanor punishable by a five hundred dollar ($500.00) fine and imprisonment not in excess of thirty (30) days or a municipal infraction punishable by a civil penalty of seven hundred fifty dollars ($750.00) for first offense and one thousand dollars ($1,000.00) for second and subsequent offenses. (Ord. 07-4270, 7-24-2007; amd. Ord. 23-4896, 2-7-2023)

8-5-10: SITTING AND LYING ON SIDEWALKS:

   A.   Prohibited: No person shall sit or lie down upon a public sidewalk in the downtown or in zone 1 of City Plaza or on a blanket, chair, stool, or any other object placed on a public sidewalk in the downtown or in zone 1 of City Plaza. No person shall sit or lie on or in an elevated planter or public amenity located on the public right of way in the downtown or on a blanket, chair, stool, or any other object placed on or in an elevated planter or public amenity. For purposes of this section, "right of way in the downtown" includes Black Hawk Mini Park. (Ord. 08-4301, 4-14-2008; amd. Ord. 13-4554, 9-17-2013; Ord. 13-4563, 12-3-2013)

      1.   This prohibition shall not apply to: (Ord. 08-4301, 4-14-2008)

         a.   A person attending, viewing, or participating in any of the following events: Friday night concert series, Arts Fest, Jazz Fest, University Of Iowa homecoming parade, University Of Iowa River Run, Old Capitol Criterium Bicycle Race or any parade, public assembly, festival, performance or similar event cosponsored or permitted by the city of Iowa City, where crowds of people gather. This exception shall not apply to the prohibition against sitting or lying in an elevated planter. (Ord. 08-4301, 4-14-2008; amd. Ord. 13-4554, 9-17-2013)

         b.   A person sitting or lying down due to a medical emergency.

         c.   A person with disabilities using a wheelchair or similar device designed for a person with disabilities.

         d.   A person sitting at a sidewalk cafe. (Ord. 08-4301, 4-14-2008)

         e.   A person sitting on a bench. (Ord. 13-4554, 9-17-2013)

         f.   A person who has a temporary use of sidewalk permit, a mobile vending permit, or other permit issued by the city. (Ord. 08-4301, 4-14-2008)

         g.   A person lying on a bench between the hours of ten o'clock (10:00) P.M. and five o'clock (5:00) A.M.

         h.   A person sitting on the border of an elevated planter that is greater than twelve inches (12") in height. (Ord. 13-4554, 9-17-2013)

   B.   Citation: No person shall be cited under this section unless the person engages in conduct after having been notified by a peace officer that the conduct violates the City ordinance. (Ord. 08-4301, 4-14-2008)

   C.   Definitions:

   DOWNTOWN: The Central Business District, the near southside commercial area, and the northside marketplace area as illustrated on the map in section 8-5-16 of this chapter. "Zone 1 of City Plaza" means "Zone 1" as that term is defined in section 10-5-2 of this Code.

   PUBLIC AMENITY: Bench, table, trash receptacle, public art, bike rack, water spigot, kiosk, posting pillar, and pergola. (Ord. 08-4301, 4-14-2008; amd. Ord. 13-4554, 9-17-2013; Ord. 17-4692, 2-7-2017)

   D.   Violation: Any violation of this section shall be considered a simple misdemeanor and punished by a fine of sixty five dollars ($65.00). (Ord. 08-4301, 4-14-2008)