(A) A public safety nuisance exists at a licensed premises for purposes of this section when it is established by clear and convincing evidence that an owner, manager, employee, contemporaneous patron, or guest of the licenses premises commits any of the following acts on the licensed premises or in any parking lots or areas, including but not limited to public rights-of-way, adjacent to the licensed premises:
(1) Unlawfully discharges a firearm or uses an offensive weapon, as defined in Iowa Code § 724.1, regardless of whether it inflicts injury or death.
(2) Assaults another person with a dangerous weapon as defined in Iowa Code § 702.7 resulting in injury or death.
(3) Engages in a riot as defined in Iowa Code § 723.1 on at least three separate days within any 12-month period in which a peace officer responded for purposes of dispersing the participants in the riot. A person who willingly joins in or remains a part of a riot need not be the same person for each riot incident.
(B) Based on evidence established in division (A), the City Attorney shall deem the licensed premises a public safety nuisance and that it constitutes a serious threat to the public safety of Urbandale. The City Attorney may file a suit in equity in district court without bond seeking abatement of a public safety nuisance arising from the licensed premises.
(C) Upon filing suit, the City Attorney shall notify the Iowa State Alcoholic Beverage Control administrator of the action.
(Ord. 2022-11, passed 9-6-2022)