1. As used in this section, “adult establishment” means any business that provides nude or topless dancing or operates any other adult-oriented business.
2. A public safety nuisance exists when it is established by clear and convincing evidence that an owner, manager, employee, contemporaneous patron, or guest of an adult establishment commits any of the following acts either on the premises or in any parking lots or areas, including but not limited to public rights-of-way, adjacent to the premises:
A. Unlawfully discharges a firearm or uses an offensive weapon, as defined in Section 724.1 of the Code of Iowa, regardless of whether it inflicts injury or death.
B. Assaults another person with a dangerous weapon as defined in Section 702.7 of the Code of Iowa resulting in injury or death.
C. Engages in a riot as defined in Section 723.1 of the Code of Iowa on three or more dates within a 12-month period to which the police respond and disperse a crowd. The participants need not be the same persons for each incident.
3. When the City Attorney believes a serious threat to the public safety exists, the City Attorney or any other attorney on behalf of the City Attorney, may file a suit in equity in the district court without bond seeking abatement of the public safety nuisance arising from an adult establishment.
(Code of Iowa, Sec. 657.12)
(Section 5.08 – Ord. 3123 – Sep. 24 Supp.)