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A. Discharge Of Firearms:
1. No person shall discharge any firearm within the city, except peace officers in the line of duty or peace officers using a police target range, airport, or animal control employees of the city acting in the scope of their employment for wildlife control; however, the city council may, upon written application, grant annual permits to groups, organizations or individuals approved by the city council, allowing the permittees to conduct trapshoots, skeet shoots or rifle ranges in certain areas designated by the permit and under conditions that will in no way endanger persons or property, and under the supervision of the permittee. Persons discharging firearms upon the areas designated in the permit and while under the supervision of a permittee shall not be subject to the terms of this section. The city council may revoke its permit at any time at its discretion, where discharge of firearms under a permit, in its opinion, constitutes a nuisance or in any way endangers persons or property. (Ord. 5306, 9-28-2015)
2. Subsection A1 of this section shall not apply to the discharge of pistols and shotguns in the course of hunting game on land devoted to agricultural use, containing forty (40) acres or more, and not closer than two hundred (200) yards to any building inhabited by people or domestic livestock unless the owner or tenant has given consent and under conditions that will in no way endanger persons or property.
3. No shotgun slugs shall be discharged within the city, except by airport employees of the city acting in the scope of their employment for wildlife control. (Ord. 5220, 6-2-2014)
B. Discharging And Possessing Air Rifles And Similar Devices; Exception:
1. No person shall discharge or carry on or about his person or in a vehicle, any air rifles, pellet guns, slingshots, or similar devices capable of discharging any leaden or other dangerous missile or substance within the city, except peace officers in the line of duty. However, it shall be lawful to carry one or more unloaded air rifles, pellet guns, slingshots or similar devices if the unloaded weapon is carried in a gun case or closed container which is too large to be effectively concealed on the person or within the clothing of an individual. (Ord. 4912, 6-16-2008)
2. Subsection B1 of this section shall not apply to licensed bow hunters engaged in deer hunting from the second Monday in October to January 10 of the following year in the Leonard Katoski Greenbelt Park, on other city property as may be authorized by city officials from time to time, or on private property, as allowed by the Iowa department of natural resources under its special deer management zone procedures. During October hunting shall only be allowed during weekday mornings until twelve o'clock (12:00) noon. However, no bow may be displayed within six hundred feet (600') of any residence without the permission of the property owner, or on city property except as stated above, or within seventy five feet (75') of any bike trail, nature trail, other recreational facility or any other area posted as a no hunting area. (Ord. 5071, 9-6-2011)
3. Subsection B1 of this section shall not apply to a public health technician, who is in possession of a fur harvester license and under the oversight of a health officer, from May 1 until October 1 each year. The public health technician may use a pellet rifle to control burrowing animals only on the city of Waterloo flood dike system.
4. Subsection B1 of this section shall not apply to any person with a valid fishing license engaged in fishing with the use of a bow and arrow during time periods permitted by state law, provided that the following restrictions are complied with:
a. The arrow must be constructed of a solid shaft and equipped with a heavy fishing point. Arrows designed for flight through the air are not permitted;
b. The arrow shall be tethered to a line or cord no more than twenty feet (20') in length and having a test strength greater than or equal to a fifty (50) pound test line;
c. The bow used to propel the arrow must be one that is hand pulled and hand released. Crossbows and draw locking mechanisms are prohibited;
d. Any person bow fishing shall always shoot the tethered arrow directly into the water;
e. Fish, once taken, shall not be returned to any waters, nor shall fish of any kind be left on the banks of any waters or any public or private property;
f. Persons shall not bow fish within three hundred feet (300') of a dwelling house, place of business, or other structure likely to be occupied by people, any boat dock, pier, or restricted or residential areas, or the outside limits of any marked or designated swimming area;
g. All bow fishing must take place from a boat. Bow fishing is not allowed from the bank, any boat dock, or while wading;
h. Persons under the age of fifteen (15) shall be accompanied by a person of legal age. (Ord. 4912, 6-16-2008)
A. No person shall use or employ upon or over the streets or alleys, or in any public park or outdoor public meeting place within the city, nor on or near the exterior of any private dwellings, business buildings or other structures within the city, nor upon any vacant lot, any amplifiers, loudspeakers or any other similar device, which shall in any degree or to any extent magnify the human voice or any other sound, without first obtaining a permit therefor.
B. Permits required by subsection A of this section may be issued by the mayor, upon approval by the city council and within their discretion, upon application, but, if issued, the permit shall be issued without charge. The permit, if issued, shall be for a specified time, but in no event for longer than one year, and shall embrace only a particular use or type of use, and shall be subject to revocation at any time.
C. Nothing contained in this section shall be construed as in any way limiting the use of any amplifier, loudspeaker or other similar device within any theater, auditorium, schoolhouse or any other fully enclosed structure within the city, and nothing contained in this section shall be considered as a bar to the abatement of any common law nuisance. (Ord. 4292, 4-27-1998)
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It shall be unlawful for any person to urinate in or on any public or common property (including, but not limited to, streets, alleys, sidewalks, golf courses, pools or parks, excluding a public restroom) or to urinate in a place where the person could reasonably expect to be viewed by members of the public. (Ord. 4292, 4-27-1998)
A. Definitions:
PROPERTY: Includes any land, dwelling, building, conveyance, vehicle or other temporary or permanent structure whether publicly or privately owned.
TRESPASS: One or more of the following acts:
1. Entering upon or in property without the express permission of the owner, lessee or person in lawful possession with the intent to commit a public offense, to use, remove therefrom, alter, damage, harass or place thereon or therein anything animate or inanimate, or to hunt, fish or trap on or in the property. This subsection A does not prohibit the unarmed pursuit of game or furbearing animals lawfully injured or killed which come to rest on or escape to the property of another.
2. Entering or remaining 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.
3. Entering upon or in property for the purpose or with effect of unduly interfering with the lawful use of the property by others.
4. Being 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.
"Trespass" shall not mean 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 be retrieved, quits the property as quickly as it is possible, and does not unduly interfere with the lawful use of the property.
B. Penalty For Trespassing: Any person who knowingly trespasses upon the property of another shall be guilty of a municipal infraction and punished as provided in subsection 1-3-2C of this code. Each violation of the provisions hereof shall be and constitutes a separate offense. (Ord. 4292, 4-27-1998)
No person shall operate a vehicle, motor vehicle, motorcycle, go- cart or snowmobile on any flood control levee relating or adjacent to the Cedar River, Black Hawk Creek, Virden Creek or any other streams, reservoirs and ponding and drainage areas in the flood control program of the city; nor shall any person deface, remove or interfere with any buildings or improvements of any kind on such areas. (Ord. 4340, 2-22-1999)
A. Definition:
1. For purposes of this section, "drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance, as defined in Iowa Code, chapter 124, controlled substances. The term includes, but is not limited to:
a. Kits used, intended for use or designed for use in the planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
b. Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
c. Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant, which is a controlled substance.
d. Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.
e. Scales and balances used for use in weighing or measuring controlled substances.
f. Diluents and adulterants, such as quinine, hydrochloride, manitol, mannite, dextrose, and lactose, used, intended for use or designed for use in cutting controlled substances.
g. Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana.
h. Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances.
i. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances.
j. Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances.
k. Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body.
l. Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
(1) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls.
(2) Water pipes.
(3) Carburetion tubes and devices.
(4) Smoking and carburetion masks.
(5) Roach clips, meaning objects used to hold burning material such as a marijuana cigarette that has become too small or too short to be held in the hand.
(6) Miniature cocaine spoons, and cocaine vials.
(7) Chamber pipes.
(8) Carburetor pipes.
(9) Electric pipes.
(10) Air driven pipes.
(11) Chillums.
(12) Bongs.
(13) Ice pipes or chillers.
(14) A mesh pad or sponge composed of metal and/or metal alloys made for cleaning, but when cut into pieces is used as a filter for smoking crack cocaine. Such items shall not be considered drug paraphernalia when sold in the manufacturer's original packaging.
(15) Drug stems, meaning a two (2) to six inch (6") long tube, one-eighth inch (1/8") to three-fourths inch (3/4") in diameter and that is made of glass, metal, or ceramic or any other material. Drug stems include, but are not limited to, glass vials or tubes which may contain novelty items of insignificant value or may contain items that are not, in the normal course of business, packaged in such a manner. (Ord. 4826, 7-24-2006)
2. In determining whether an object is drug paraphernalia, a court or other authority may consider, in addition to all other logically relevant factors, the following:
a. Statements by an owner or by anyone in control of the object concerning its use.
b. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance.
c. The proximity of the object, in time and space, to a direct violation of this section.
d. The proximity of the object to controlled substances.
e. The existence of any residue of controlled substances on the object.
f. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this section. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this section shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.
g. Instructions, oral or written, provided with the object concerning its use.
h. Descriptive materials accompanying the object, which explain or depict its use.
i. National and local advertising concerning its use.
j. The manner in which the object is displayed for sale.
k. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
l. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise.
m. The existence and scope of legitimate uses for the object in the community.
n. Expert testimony concerning its use.
B. Possession And Delivery: It is unlawful for any person to use or to possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this section.
It is unlawful for any person to deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this section.
C. Delivery To Minors: Any person eighteen (18) years of age or over who violates subsection B of this section by delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years his junior is guilty of a special offense. (Ord. 4399, 12-13-1999)
D. Penalties: Any person who violates this section is guilty of a Municipal infraction, and upon conviction shall be subject to a civil penalty as provided in subsection 1-3-2C of this Code, in addition to any alternative relief ordered by the court. (Ord. 4399, 12-13-1999; amd. 2001 Code)
A. Definition: The sale and use of fireworks is subject to the definitions enumerated in Iowa Code sections 100.19 and 727.2, as amended, which definitions are incorporated herein by this reference.
B. Prohibitions And Use:
1. It shall be unlawful for any person to use or explode any consumer fireworks within the corporate limits of the City of Waterloo except on July 4 of each year between the hours of twelve o'clock (12:00) noon and eleven o'clock (11:00) P.M. Any additional days of allowed use may be designated by resolution of council if adopted between the dates of January 1 and March 1 of each year to apply the same calendar year. This section shall not apply to novelty fireworks as defined by Iowa Code section 727.2.
2. The use of consumer fireworks that mimic display fireworks or rise to one hundred fifty (150) decibels or to two hundred ten feet (210') elevation is banned from use at all times within the corporate limits of the City of Waterloo unless the user has obtained a permit as provided in subsection D below.
3. Consistent with the Code of Iowa, use of fireworks within the corporate limits of the City of Waterloo, when such occurs on July 4, shall only occur on the user's owned real property, or on real property where the owner has given consent prior to use. Use of fireworks, unless a permit has been obtained, is not allowed on city-owned property, public sidewalks, rights of way, streets, parks, or parking lots.
4. It shall be prohibited to direct the use of consumer fireworks in any direction other than onto the user's owned real property or the real property where the owner has given prior consent.
5. All consumer firework debris shall be removed from the user's real property or wherever such use has resulted in its debris being located.
C. Exceptions: This section shall not apply to the use of blank cartridges for a show or the theater, for signal purposes in athletic sports or by railroads or trucks for signal purposes, or by a recognized military organization, or for use in military funerals. Provided further, this section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes.
D. Enforcement:
1. Citations for violations of this section 5-2-13 shall be directed to the person observed/found to have committed the violation or the owner of real property on which the evidence of violation exists. Furthermore, where evidence of violation of noise or nuisance ordinances exists, such citations may also be written.
2. The vendors of fireworks shall be monitored during sales periods as to type of consumer fireworks sold and for compliance with subsection 5-2-13(F).
E. Permit: Subsection B of this section shall not apply to anyone who has applied in writing and has received approval from the Council for the use of consumer fireworks or display fireworks anywhere in the City on any date when the fireworks display will be handled by a professional operator, as referenced in section 9-2C-4 of this code.
F. Sales: A seller of consumer fireworks must possess a license from the State Fire Marshal. Any retailer or community group selling consumer fireworks must prominently display, at the entrance and exit sites, signs informing customers that the use of consumer fireworks is prohibited within the corporate limits of the City of Waterloo except as authorized by this section.
G. Violation: A violation of this section is a simple misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250.00). (Ord. 5485, 2-18-2019; amd. Ord. 5568, 8-17-2020; Ord. 5598, 5-17-2021; Ord. 5683, 1-17-2023)
A. The city council makes the following findings and adopts the following statement of purposes of this section:
1. Pedestrian fatalities increased in the United States by forty-six percent (46%) from 2009 to 2016, with the largest increases in urban arterial streets, according to the Insurance Institute for Highway Safety.
2. Fifty percent (50%) of pedestrians who are struck by a vehicle traveling at thirty (30) miles per hour are killed; as speed increases, a higher percentage of people struck are killed, according to the U.S. Department of Transportation, Literature Review on Vehicle Travel Speeds and Pedestrian Injuries (2000).
3. The National Association of City Transportation Officials Urban Street Design Guide (2011) states that a median or island should be at least six (6) feet wide where pedestrians are present. This is consistent with the Public Rights of Way Accessibility Guidelines promulgated by the United States Access Board which specify that a pedestrian refuge in a street must have a top surface width of six (6) feet, excluding curbs.
4. Section 240 of the city traffic code provides that pedestrians crossing a street in the business district shall cross in crosswalks only. In the ten (10) years preceding, ten (10) pedestrian fatalities have occurred in Waterloo. There have been three hundred forty-one (341) pedestrian injuries.
5. The city engineer has determined based on city GIS maps and/or, where appropriate, site visits that the intersections listed in subsection B of this section do not have medians or islands of adequate width for pedestrian refuge; therefore, pedestrians should be prohibited from standing, sitting or staying in the medians at these intersections for any purpose other than to cross the street, if crossing is lawful.
B. Pedestrians are prohibited from standing, sitting or staying on a median or ramp nose for any purpose other than to cross the street, if lawful, unless the width of the top surface of the median, excluding the curbs is at least six (6) feet wide. This prohibition includes, but is not limited to, medians and ramp noses on or near legs feeding the following intersections in the city:
E. San Marnan Drive and 218/380 Ramps.
E. San Marnan Drive and LaPorte Road.
Bopp Street and LaPorte Road.
Bopp Street and Crossroads Blvd.
Grimm Street and Crossroads Blvd.
Pennys Street and Crossroads Blvd.
Sears Street and Crossroads Blvd.
Flammang Drive and Crossroads Blvd.
Flammang Drive and Sarah Drive.
E. San Marnan Drive and Sears Street.
E. San Marnan Drive and Pennys Street.
E. San Marnan Drive and Flammang Drive.
E. San Marnan Drive and Shoppers Blvd.
E. San Marnan Drive and Lowes Blvd.
C. Pedestrians are prohibited from standing, sitting or staying on a median or ramp nose for any purpose, other than to cross the street, if lawful, regardless of the width of the top surface of the median, or ramp nose along the following streets or rights-of-way:
San Marnan Drive from Texas Street to Ansborough Avenue.
Sears Street.
Pennys Street.
Crossroads Blvd.
Flammang Drive.
Bopp Street.
1. Police officers, peace officers and parking enforcement personnel of the police department or employees of the fire department while performing official duties of the city.
2. Employees or contractors for the city or other individuals authorized by the city to perform construction or maintenance work on city streets or rights-of-way, while performing construction or maintenance work on the street provided that proper signage is used and streets are blocked off as required by the city.
3. Any individual responding to an emergency in the street.
E. The penalties for violating this section shall be a simple misdemeanor pursuant to section 1-3-1 of this code. (Ord. 5559, 6-8-2020)
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