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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)
A. Mayoral proclamations issued pursuant to this article shall take immediate effect and remain in effect for not to exceed thirty (30) days from the date of the proclamation, unless withdrawn at an earlier date by proclamation of the mayor. Once withdrawn, all civil emergency orders imposed by the proclamation shall cease and the mayor shall immediately cease to exercise civil emergency powers.
B. The mayor may issue a subsequent proclamation declaring a civil emergency only if the conditions giving rise to the civil emergency remain present or an event resulting from the civil emergency arises. Subsequent proclamations shall be in immediate effect for not more than thirty (30) days from the date of the proclamation, unless withdrawn at an earlier date by proclamation of the mayor.
C. The city council may, by resolution, order the withdraw of any proclamation declaring a civil emergency in the event conditions giving rise to the civil emergency are no longer present or thirty (30) days from the date of the proclamation has passed. (Ord. 5548, 3-16-2020)