Loading...
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)
A. Definitions: The term "minor" shall mean, in this section, any unemancipated person below the age of seventeen (17) years.
B. Hours Of Curfew: It shall be unlawful for any minor to be or remain, or to travel, loiter, wander, stroll or play, in or upon any of the alleys, streets, public places, places of business, places of amusement, buildings, vacant lots or other unsupervised places in the city between the hours of twelve thirty o'clock (12:30) A.M. on any day and five o'clock (5:00) A.M. of the same day.
C. Exceptions: The restrictions provided herein shall not apply to any minor who is accompanied by a parent, guardian or other person charged with the care and custody of such minor, nor shall the restriction apply to any minor who is traveling between his home or place of residence and any approved place of employment, or where a church, municipal or school function is being held, or unless said minor is upon an emergency errand, or where the presence of the minor in the place or places is connected with and required by some legitimate business, trade, profession, or occupation in which the minor is permitted by law to be engaged or unless the parent, guardian or other adult person responsible for or having the legal care, custody and control of said minor reports to the police department that said minor is in violation of subsection B of this section without permission. Such report shall be made no later than two (2) hours after the responsible adult, as defined in subsection D of this section, becomes aware that the minor is in violation of subsection B of this section.
D. Responsibility Of Adults: It is unlawful for any parent, guardian or other adult person responsible for having the legal care, custody and control of any minor to allow, permit or suffer such minor to violate the provisions of this section.
E. Responsibility Of Business Establishments: It is unlawful for any person operating a place of business or amusement to allow, permit or suffer any minor to be in or upon any place of business or amusement operated by him within the curfew hours set forth herein, except as otherwise provided herein. When such owner, operator or person in charge of such place of business or amusement finds such minor or minors on or upon the premises, he shall order such person to leave, and if such minor refuses, the owner, operator, or other person in charge of the place of business shall notify the police department and inform them of the violation.
F. Responsibility Of Police: A police officer, upon finding a minor in violation of this section, shall deliver the minor to an authorized juvenile holding facility until the parent, guardian or other adult responsible for the legal care, custody or control of the minor responds to pick up the minor, or until the end of the curfew period.
G. Penalties:
1. Any minor who violates any of the provisions contained in this section shall be subject to the following penalty as a simple misdemeanor. Upon conviction or a plea of guilt of this section, a violator shall be assessed as follows: For the first offense, a fine of not less than one hundred dollars ($100.00) and eight (8) hours of community service; for the second offense, a fine of not less than two hundred fifty dollars ($250.00) and twelve (12) hours of community service; for the third and any subsequent offenses, a fine of not less than two hundred fifty dollars ($250.00) and sixteen (16) hours of community service, or a fine of five hundred dollars ($500.00) and no community service, to be determined by the court. The parent or legal guardian of the minor shall receive notification of the offense.
2. Any parent, guardian, or other adult person responsible for or having the legal care, custody, and control of any minor who allows or permits such minor to violate any of the provisions of this section shall be guilty of a simple misdemeanor, and upon conviction thereof, shall be assessed fines as follows: For the first offense, a fine of not less than one hundred dollars ($100.00) and eight (8) hours of community service; for the second offense, a fine of not less than two hundred fifty dollars ($250.00) and twelve (12) hours of community service; for the third and any subsequent offenses, a fine of not less than two hundred fifty dollars ($250.00) and sixteen (16) hours of community service, or a fine of five hundred dollars ($500.00) and no community service, to be determined by the court. In addition to the above penalties, any parent, guardian or adult responsible for a minor's care, custody and control who allows or permits such minor to violate this section shall be charged a fee for the actual costs incurred by the city in detaining, transporting, processing, and supervising the minor prior to the minor's release to the custody of the parent, guardian or other responsible adult. The fee shall not exceed the actual costs incurred by the city and shall be established from time to time as determined necessary by resolution of the city council. (Ord. 4828, 8-14-2006)
A. Definitions:
CIGARETTE: Any roll for smoking made wholly or in part of tobacco, or any substitute for tobacco, irrespective of size or shape and irrespective of tobacco or any substitute for tobacco being flavored, adulterated, or mixed with any other ingredient, where such roll has a wrapper or cover made of paper or any other material.
CIGARETTE VENDING MACHINE: Any self-service device offered for public use which, upon insertion of a coin, coins, paper currency, or by other means, dispenses cigarettes or tobacco products without the necessity of replenishing the device between each vending operation.
CIGARETTE VENDOR: Any person who by contract, agreement, or ownership takes responsibility for furnishing, installing, servicing, operating or maintaining one or more cigarette vending machines for the purpose of selling cigarettes at retail.
PERSON: Shall mean and include every individual, firm, association, joint stock company, syndicate, copartnership, corporation, trustee, agency or receiver or respective legal representative.
PLACE OF BUSINESS: Is construed to mean and include any place where cigarettes are sold or where cigarettes are stored within the city by the holder of an Iowa permit or kept for the purpose of sale or consumption; or if sold from any vehicle, the vehicle on which or from which such cigarettes are sold shall constitute a place of business.
TOBACCO PRODUCTS: Cigars; little cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco; snuff, snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; or refuse scraps, clippings, cutting and sweepings of tobacco, and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking; but does not mean cigarette. (Ord. 4292, 4-27-1998)
B. Use Of Driver's License Or Nonoperator's Identification Card By Underage Person To Obtain Cigarettes Or Tobacco Products: A person who is under the age of eighteen (18), who alters or displays or has in the person's possession a fictitious or fraudulently altered driver's license or nonoperator's identification card, and who uses the license or card to violate or attempt to violate subsection D of this section, commits a simple misdemeanor punishable by a fine of one hundred dollars ($100.00). The court shall forward a copy of the conviction to the Iowa department of transportation.
C. Unlawful To Sell To Persons Under Legal Age: A person shall not sell, give or otherwise supply any tobacco, tobacco products or cigarettes to any person under eighteen (18) years of age. A person, other than a retailer, who violates this subsection, is guilty of a simple misdemeanor. For violations of this subsection by an employee of a retailer, the scheduled fine is as follows:
For the first offense | $100.00 |
For a second offense | 250.00 |
For a third or subsequent offense | 500.00 |
D. Unlawful For Person Under Eighteen To Use: A person under eighteen (18) years of age shall not smoke, use, possess, purchase or attempt to purchase any tobacco, tobacco products or cigarettes. For violations of this subsection, the scheduled fine is as follows and is a civil penalty, and the criminal penalty surcharge shall not be added to the penalty nor shall the court costs be imposed:
For the first offense | $50.00, and performance of 8 hours of community work requirements, unless waived by the court |
For a second offense | $100.00, and performance of 12 hours of community work requirements |
For a third or subsequent offense | $250.00, and performance of 16 hours of community work requirements |
E. Exceptions:
1. Possession of cigarettes or tobacco products by an individual under eighteen (18) years of age does not constitute a violation under this section if the individual under eighteen (18) years of age possesses the cigarettes or tobacco products as part of the individual's employment and the individual is employed by a person who holds a valid permit or who lawfully offers for sale or sells cigarettes or tobacco products.
2. A person shall not be guilty of a violation of this section if conduct that would otherwise constitute a violation is performed to assess compliance with cigarette and tobacco product laws if any of the following applies:
a. The compliance effort is conducted by or under the supervision of law enforcement officers.
b. The compliance effort is conducted with the advance knowledge of law enforcement officers and reasonable measures are adopted by those conducting the effort to ensure that use of cigarettes or tobacco products by individuals under eighteen (18) years of age does not result from participation by any individual under eighteen (18) years of age in the compliance effort.
F. Revocation Or Suspension; Civil Penalty:
1. If a person holding a permit has wilfully violated subsection C of this section, the city shall revoke the permit upon notice and hearing. The permit holder shall be given ten (10) days' written notice stating the reason for the contemplated revocation and the time and place at which the person may appear and be heard. The notice shall be given by mailing a copy to the permit holder's place of business as it appears on the application for permit. (Ord. 4448, 11-20-2000)
2. If a retailer or employee of a retailer has violated subsection D of this section, the city, in addition to the other penalties fixed for such violations in this section, shall assess a penalty upon the same hearing and notice as prescribed in subsection F1 of this section as follows:
a. For a first violation, the retailer shall be assessed a civil penalty in the amount of three hundred dollars ($300.00). Failure to pay the civil penalty as ordered under this subsection shall result in automatic suspension of the permit for a period of fourteen (14) days.
b. For a second violation within a period of two (2) years, the retailer shall be assessed a civil penalty in the amount of one thousand five hundred dollars ($1,500.00) or the retailer's permit shall be suspended for a period of thirty (30) days. The retailer may select its preference in the penalty to be applied under this subsection F2b.
c. For a third violation within a period of three (3) years, the retailer shall be assessed a civil penalty in the amount of one thousand five hundred dollars ($1,500.00) and the retailer's permit shall be suspended for a period of thirty (30) days.
d. For a fourth violation within a period of three (3) years, the retailer shall be assessed a civil penalty in the amount of one thousand five hundred dollars ($1,500.00) and the retailer's permit shall be suspended for a period of sixty (60) days.
e. For a fifth violation within a period of four (4) years, the retailer's permit shall be revoked. (Ord. 4678, 3-22-2004)
3. If a permit is revoked, a new permit shall not be issued to the permit holder for any place of business, or to any other person for the place of business at which the violation occurred, until one year has expired from the date of revocation, unless good cause to the contrary is shown to the issuing authority.
4. Notwithstanding subsection F3 of this section, if a retail permit is suspended or revoked under this subsection, the suspension or revocation shall only apply to the place of business at which the violation occurred and shall not apply to any other place of business to which the retail permit applies but at which the violation did not occur.
5. The city shall report the suspension or revocation of a retail permit under this section to the Iowa department of public health within thirty (30) days of the suspension or revocation of the retail permit. (Ord. 4448, 11-20-2000)
As used in this chapter, the following definitions shall apply:
CIVIL EMERGENCY: A civil emergency may include but not be limited to the following:
A. A riot or unlawful assembly characterized by the use of actual force or violence or any threat to use force if accompanied by immediate power to execute such force by three (3) or more persons acting together without authority by law.
B. Any natural disaster or human made calamity, including flood, conflagration, cyclone, tornado, earthquake, technological disruption, cyberattack, or explosion within the corporate limits of the city resulting in the death or injury of persons or the destruction of property to such extent that extraordinary measures must be taken to protect the public health, safety and welfare.
C. Any act of war, revolt, terrorism, or hostile missile or bomb directed at or near the city.
D. Any public health crisis or event of an actual or eminent outbreak, or reasonable threat of an actual or eminent outbreak, of any infectious disease that presents a threat to the health or safety of the residents of the city, or threatens to unreasonably strain the medical emergency service resources available in the city.
E. Any other state of public emergency that the mayor has determined under his or her sole discretion is in active existence ,or that the Governor of Iowa has determined. (Ord. 4937, 1-12-2009; amd. Ord. 5548, 3-16-2020)
A. When pursuant to section 5-2B-1
of this article, the mayor determines that a state of civil emergency exists within the city, the mayor may declare a state of civil emergency by proclamation and do any of the following if necessary:
1. Take command of the police and fire departments;
2. Govern the city; and
3. Exercise all emergency powers, including but not limited to those outlined in section 5-2B-3
of this article.
B. The mayor pro tem may declare a civil emergency pursuant to this section only when the mayor is mortally injured, missing, or otherwise incapacitated. (Ord. 5548, 3-16-2020)
A. The emergency powers conferred upon the mayor pursuant to this section shall include the power to do the following:
1. Direct emergency response activities by the police and fire departments and by such emergency services personnel as the mayor may designate.
2. Execute contracts for the emergency repair of public improvements.
3. Procure by purchase or lease or authorize procurement by purchase or lease, property, goods, and services deemed necessary to the city’s emergency response effort or for the repair of city buildings or facilities, or for any other necessary public purpose.
4. Lease or authorize the lease of property and/or buildings deemed necessary for the city’s emergency response effort or for the continued operation of city government.
5. Order the limitation or closure of public events, gathering places, institutions, or facilities within city limits. Order the limitation or closure of private events, businesses, institutions, or gathering places within the city limits only when imminently necessary for the protection of life and property.
6. Order a general curfew applicable to such geographical areas of the city or to the city as a whole as the mayor deems advisable and applicable during such hours of the day or night as the mayor deems necessary in the interest of the public safety and welfare. A curfew shall be a prohibition against any person or persons walking, running, loitering, standing or motoring upon an alley, street, highway, public property or vacant premises within the corporate limits of the city during the hours in which a curfew has been imposed, accepting persons officially designated to perform duties with reference to said civil emergency.
7. Mandate that all or any part of the city be evacuated as the mayor deems advisable and applicable for the preservation of life or other disaster mitigation, response or recovery.
8. Order that any other extraordinary measures be taken for the preservation of health, life, or other disaster mitigation, response, or recovery.
B. All powers exercised by the mayor pursuant to this section shall be in accordance with Iowa Code Chapter 21, when possible. The mayor shall consult with available city council members in the exercise of any powers pursuant to this section.
C. The mayor shall immediately inform council members, police chief, fire chief, city staff, and media outlets of the proclamation and any subsequent proclamation that may be issued. (Ord. 5548, 3-16-2020)
The violation of a mayoral proclamation of emergency or of any subsidiary proclamation thereto evidencing the exercise of emergency powers or of any rule or order issued pursuant thereto by the mayor, or the mayor pro tem in the absence of the mayor, or of any order issued pursuant thereto by any peace officer or of any directive issued by designated emergency services personnel pursuant thereto shall constitute a violation of this section and shall be punishable as a misdemeanor as provided by section 1-3-1
of this code. (Ord. 5548, 3-16-2020)
Loading...