41.10 BARBED WIRE AND ELECTRIC FENCES.

It is unlawful for a person to use barbed wire or electric fences to enclose land within the City limits without the written consent of the Council unless such land consists of ten (10) acres or more and is used as agricultural land.

41.11 DISCHARGING WEAPONS.

   1.   It is unlawful for a person to discharge rifles, shotguns, revolvers, pistols, guns, or other firearms of any kind within the City limits except by written consent of the Council.

   2.   No person shall intentionally discharge a firearm in a reckless manner.

41.12 THROWING AND SHOOTING.

It is unlawful for a person to throw stones, bricks, or missiles of any kind or to shoot arrows, paintballs, rubber guns, slingshots, air rifles, BB guns, or other dangerous instruments or toys on or into any street, alley, highway, sidewalk, public way, public ground, or public building, without written consent of the Council.

(Code of Iowa, Sec. 364.12[2])

41.13 HUNTING AND TRAPPING.

It is unlawful for any person to hunt within the City limits or to use any weapons, including snares, traps, pits or other devices capable of killing an animal, except that bow hunting may be allowed for a designated hunting season as per resolution passed annually by the Council. Hunters shall be licensed by the Iowa Department of Natural Resources and issued a permit by the City.

41.14 URINATING AND DEFECATING.

It is unlawful for any person to urinate or defecate onto any sidewalk, street, alley, or other public way, or onto any public or private building, including but not limited to the wall, floor, hallway, steps, stairway, doorway, or window thereof, or onto any public or private land.

41.15 FIREWORKS.

(Code of Iowa, Sec. 727.2)

   1.   Definitions. For purposes of this section:

      A.   “Consumer fireworks” means the following fireworks, as described in Chapter 3 of the American Pyrotechnics Association (“APA”) Standard 87-1:

         (1)   First-class consumer fireworks:

            a.   Aerial shell kits and reloadable tubes;

            b.   Chasers;

            c.   Helicopters and aerial spinners;

            d.   Firecrackers;

            e.   Mine and shell devices;

            f.   Missile-type rockets;

            g.   Roman candles;

            h.   Sky rockets and bottle rockets;

            i.   Multiple tube devices under this paragraph which are manufactured in accordance with APA Standard 87-1, Section 3.5.

         (2)   Second-class consumer fireworks:

            a.   Cone fountains;

            b.   Cylindrical fountains;

            c.   Flitter sparklers;

            d.   Ground and hand-held sparkling devices, including multiple tube ground and hand-held sparkling devices that are manufactured in accordance with APA Standard 87-1, Section 3.5;

            e.   Ground spinners;

            f.   Illuminating torches;

            g.   Toy smoke devices that are not classified as novelties pursuant to APA Standard 87-1, Section 3.2;

            h.   Wheels;

            i.   Wire or dipped sparklers that are not classified as novelties pursuant to APA Standard 87-1, Section 3.2.

      B.   “Display fireworks” includes any explosive composition, or combination of explosive substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and includes fireworks containing any explosive or flammable compound, or other device containing any explosive substance. “Display fireworks” does not include novelties or consumer fireworks enumerated in Chapter 3 of the APA Standard 87-1.

      C.   “Novelties” includes all novelties enumerated in Chapter 3 of the APA Standard 87-1, and that comply with the labeling regulations promulgated by the United States Consumer Product Safety Commission.

   2.   Display Fireworks. It is unlawful for any person to use or explode any display fireworks; provided, the City Council may, upon application in writing, grant a permit for the display of display fireworks by municipalities, fair associations, amusement parks, and other organizations or groups of individuals approved by the City when the display fireworks will be handled by a competent operator, but no such permit shall be required for the display of display fireworks at the Iowa State Fairgrounds by the Iowa State Fair Board, at incorporated county fairs, or at district fairs receiving State aid. No permit shall be granted hereunder unless the operator or sponsoring organization has filed with the City evidence of insurance in the following amounts:

      A.   Personal Injury:   $250,000.00 per person

      B.   Property Damage:   $50,000.00

      C.   Total Exposure:   $1,000,000.00

   3.   Consumer Fireworks – Discharging General Requirements.

      A.   No person under the age of eighteen shall discharge a DOT 1.4 class consumer firework without parental supervision.

      B.   A person shall only discharge a consumer firework device on real property they own or on property where consent has been given. Novelties, including snakes, sparklers or caps, can be discharged on a public place so long as all trash, wrappers and wires are properly disposed of.

      C.   Consumer fireworks shall not be discharged by persons showing visible signs of, or determined to be, intoxicated or under the influence of a drug or narcotic.

      D.   Any person discharging a consumer fireworks device assumes all responsibility for its operation and the consequences thereof. No person shall discharge a consumer fireworks device in a reckless manner or manner likely to cause death, injury, fire or property damage.

      E.   No person shall discharge a consumer fireworks device outside the following dates and hours:

         (1)   July 3 through July 4 from the hours of 2:00 p.m. until 11:00 p.m., each day.

         (2)   December 31 from the hours of 10:00 p.m. until 12:30 a.m. on the day immediately following.

         (3)   June 19 from the hours of 2:00 p.m. until 10:00 p.m.

(Subparagraph 3 – Ord. 03-2022 – Nov. 22 Supp.)

      F.   It shall be unlawful to alter, remove, or discharge components of a consumer fireworks device from its intended method of discharging.

      G.   Sky lantern open flame devices are not permitted to be released within the City limits, except if tethered by a retrievable rope so long as the person discharging has control over the sky lantern.

   4.   Novelties. This section does not apply to novelties.

(Section 41.15 – Ord. 2019-209 – Jan. 20 Supp.)

41.16 DRUG PARAPHERNALIA.

(Code of Iowa, Sec. 124.414)

   1.   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:

      A.   Manufacture a controlled substance.

      B.   Inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.

      C.   Test the strength, effectiveness, or purity of a controlled substance.

      D.   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.

   2.   It is unlawful for any person to knowingly or intentionally manufacture, deliver, sell, or possess drug paraphernalia.