TITLE III
COMMUNITY PROTECTION

TITLE III COMMUNITY PROTECTION
CHAPTER 1 OFFENSES
3-1-1 Violations of Chapter
3-1-2 Public Peace
3-1-3 Public Morals
3-1-4 Streets
3-1-5 Public Safety and Health
3-1-6 Public Property
3-1-1 VIOLATIONS OF CHAPTER. Commission of any of the acts named in the following sections by any person shall constitute a violation of this chapter.
3-1-2 PUBLIC PEACE. It shall be unlawful for any person to do any of the following:
     1. Engage in fighting or violent behavior or invite or defy another person to fight, provided that participants in athletic contests may engage in such conduct which is reasonably related to that sport.
(Code of Iowa, Sec. 723.4(1))
     2. Make unusually loud or excessive noise which results in the disturbance of the peace and the public quiet of a neighborhood.
(Code of Iowa, Sec. 723.4(2))
     3. Willfully permit upon any premises owned, occupied, possessed or controlled by such person any unusually loud or excessive noise in such a manner calculated to provoke a breach of the peace of others, or the public quiet of the neighborhood.
(Code of Iowa, Sec. 723.4(2))
     4. Direct abusive language or make any threatening gesture which the person knows or reasonably should know is likely to provoke a violent reaction by another.
(Code of Iowa, Sec. 723.4(3))
     5. Without lawful authority or order of authority, disturb any lawful assembly or meeting of persons by conduct intended to disrupt the meeting or assembly.
(Code of Iowa, Sec. 723.4(4))
     6. Without authority, obstruct any street, sidewalk, highway or other public way.
(Code of Iowa, Sec. 723.4(7))
     7. Without authority, solicit contributions, distribute literature, or otherwise peddle or sell goods and services within the traveled portion of any roadway.
(Code of Iowa, Sec. 364.12(2)(a))
3-1-3 PUBLIC MORALS. Indecent exposure. It shall be unlawful for any person to expose such person's genitals, pubes, female nipples, or buttocks to another or to urinate or defecate in public or in view of the public.
3-1-4 STREETS.
     1. Removal of safeguards or danger signals. No person shall willfully remove, tear down, destroy, deface, or carry away from any highway, street, alley, avenue or bridge any lamp, obstruction, guard or other article or things, or extinguish any lamp or other light, erected or placed thereupon for the purpose of guarding or enclosing unsafe or dangerous places in said highway, street, alley, avenue or bridge without the consent of the person in control thereof.
(Code of Iowa, Sec. 716.5)
     2. Obstructing or defacing streets. No person shall obstruct, deface, or injure any public road in any manner by breaking up, plowing or digging within the boundary lines thereof, without permission from the Mayor.
(Code of Iowa, Sec. 716.1)
     3. Allowing water, snow, ice and accumulations on sidewalk. No abutting property owner shall allow water from an improperly located eave or drain, or from any roof, to fall onto a public sidewalk, or fail to remove snow, ice and accumulations from the sidewalks promptly. Upon failure by the abutting property owner to perform the action required under this subsection within a reasonable time, the City may perform the required action and assess the costs against the abutting property.
(Code of Iowa, Sec. 364.12(2)(b and e))
     4. Removal of hydrant caps, sewer caps or manhole covers. No person shall remove or carry away hydrant caps, sewer caps or manhole covers without the consent of the person in control thereof.
3-1-5 PUBLIC SAFETY AND HEALTH.
     1. Expectorating. No person shall expectorate on the ground or in any structure within the City limits.
(Code of Iowa, Sec. 364.1)
     2. Putting debris on streets and sidewalks. No person shall throw or deposit on any street or sidewalk any glass bottle, glass, nails, tacks, wire, cans, trash, garbage, rubbish, litter, offal, or any other debris, or any other substance which the person knows or has reason to know may injure any person, animal or vehicle.
(Code of Iowa, Sec. 321.369)
     3. Carrying a concealed weapon. It shall be unlawful for any person to carry under such person's clothes or concealed about their person or to be found in possession of any slingshot, knuckles of metal or other material, air gun or any other weapon other than a knife unless licensed by the Iowa Department of Public Safety or having in possession a permit from the county sheriff.
     4. False alarms. No person shall give or cause to be given any false alarm of a fire, nor set fire to any combustible material, or cry or sound an alarm or by any other means without cause.
     5. Stench bombs. No person shall throw, drop, pour, explode, deposit, release, discharge or expose any stench bomb or tear bomb, or any liquid, gaseous or solid substance or matter of any kind that is injurious to persons or property, or that is nauseous, sickening, irritating or offensive to any of the senses in, on or about a theater, restaurant, car, structure, place of business, or amusement, or any place of public assemblage, or attempt to do any of these acts, or prepare or possess such devices or materials with intent to do any of these acts. This provision shall not apply to duly constituted police, military authorities, or peace officers in the discharge of their duties, or to licensed physicians, nurses, pharmacists and other similar persons licensed under the laws of this State; nor to any established place of business or home having tear gas installed as a protection against burglary, robbery or holdup, nor to any bank or other messenger carrying funds or other valuables.
     6. Discharging firearms and fireworks.
(Code of Iowa, Sec. 727.2)
          a. No person, firm, or corporation shall discharge or fire any cannon, gun, bomb, pistol, air gun, or other firearms or set off or burn firecrackers, torpedoes, sky rockets, roman candles, or other fireworks of like construction or any fireworks containing any explosive or inflammable compound, or other device containing any explosive.
          b. The City Council may upon application in writing, grant a permit for the display and use of fireworks by a City Agency, fair associations, amusement parks, and other organizations or groups of individuals approved by the City Council when such fireworks display will be handled by a competent operator. No permit shall be granted hereunder unless the operator or sponsoring organization has filed with the City evidence of insurance in the following amounts:
Personal Injury: $250,000 per person
Property Damage: $50,000
Total Exposure: $1,000,000
          c. The City Council may, upon application in writing, grant a permit for the operation of a firing range in which the discharge of firearms for training, recreational or competitive events would be allowed upon showing that the range would be under the direction of a competent organization, group or individual.
          d. In the interest of public health and safety and at such times as approved by the Mayor, the police or their designee may use firearms to control rodent or animal problems when it is evident that conventional control methods have not resolved the problem.
          e. Nothing herein shall be construed to prohibit the use of blank cartridges for a show or the theatre, or for signal purposes in athletic sports or by railroads, or trucks, for signal purposes, or by a recognized military organization and provided further that nothing in this section shall apply to any substance or composition prepared and used for medicinal or fumigation purposes.
     7. Possession of Fireworks.
          a. Definition. The term "fireworks" includes any explosive composition, or combination of explosives, substances or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion or detonation and includes blank cartridges, firecrackers, torpedoes, sky rockets, Roman Candles or other fireworks of like construction and fireworks containing any explosive or flammable compound, or other device containing any explosive substance. The term "fireworks" does not include gold star-producing sparklers on wires that contain no magnesium or chlorate or perchlorate, flitter sparklers in paper tubes that do not exceed 1/8 inch in diameter, toy snakes that contain no mercury, or caps used in cap pistols.
          b. Exemption. The use of blank cartridges for a show or the theater, or for signal purposes in athletic events, or by railroads or trucks for signal purposes, or by recognized military organizations is exempt from this Subsection.
          c. Prohibition. No person shall possess fireworks except as provided in this Chapter.
     8. Abandoned refrigerators. No person shall place, or allow to be placed, any discarded, abandoned, unattended or unused refrigerator, ice box or similar container equipped with an air-tight door or lid, snap lock, or other locking device which cannot be released from the inside, in a location accessible to children, outside any building, dwelling, or within an unoccupied or abandoned building or dwelling, or other structure, under such person's control without first removing the door, lid, snap lock, or other locking device from said icebox, refrigerator or similar container. This provision applies equally to the owner of any such refrigerator, icebox or similar container, and to the owner or occupant of the premises where the hazard is permitted to remain.
(Code of Iowa, Sec. 727.3)
     9. Impersonating an officer. No person shall falsely represent themself or falsely assume to be any law enforcement officer, judge or magistrate. It shall be unlawful to wear or adopt the uniform or insignia of any law enforcement officer on any street or public place.
(Code of Iowa, Sec. 718.2)
     10. Harassment of City Employees.
          a. It shall be unlawful for any person to willfully prevent, resist or obstruct or attempt to prevent, resist or obstruct any City employee from the performance of any official duty.
          b. It shall be unlawful for any person to communicate by any means, any threat of bodily or property harm to any City employee or to any member of the employee’s family during the course of, or as a result of, the performance of any official duty by said City employee.
     11. Antenna and radio wires. No person shall allow, locate or maintain any antenna wires, antenna supports, radio wires or television wires to exist over any street, alley, highway, sidewalk or public property.
(Code of Iowa, Sec. 364.12(2))
     12. Barbed wire. No person shall install, allow to be installed or use barbed wire without the consent of the City Council.
(Code of Iowa, Sec. 364.1)
     13. Playing in streets. No person shall coast, sled or play games on streets or highways except in areas blocked off by the Mayor or City Council for such purposes.
(Code of Iowa, Sec. 364.12)
3-1-6 PUBLIC PROPERTY.
     1. Defacing public grounds. No person shall cut, break or deface any tree or shrub in a public park or on any avenue thereto by willfully defacing, cutting, breaking or injuring, except by the authority of the Mayor.
(Code of Iowa, Sec. 364.12(2))
     2. Injuring new pavement. No person shall injure new pavement in any street, alley or sidewalk by willfully driving, walking or making marks on such pavement.
(Code of Iowa, 364.12(2))
     3. Destroying park equipment. No person shall destroy or injure any property or equipment in public swimming pools, playgrounds or parks by willfully defacing, breaking, damaging, mutilating or cutting.
(Code of Iowa, Sec. 364.12(2))
     4. Injury to public library books or property. No person shall willfully or recklessly tear, deface, mutilate, injure or destroy, in whole or in part, any newspaper, periodical, book, map, pamphlet, chart, picture or other property belonging to any public library or reading room.
     5. Defacing or destroying proclamations or notices. No person shall intentionally deface, obliterate, tear down or destroy in whole or in part any transcript or extract from or of any law of the United States or of this State, or any proclamation, advertisement or notification, set up at any place within the City by authority of law or by order of any court, during the time for which the same is to remain set up.
(Code of Iowa, Sec. 716.1)
     6. Obstructing or defacing roads. No person shall obstruct, deface or injure any public road by breaking up, plowing or digging within the boundary lines thereof, except by written authorization of the Mayor.
(Code of Iowa, Sec. 716.1)
     7. Injury to roads, railways, and other utilities. No person shall injure, remove or destroy any electric railway or apparatus belonging thereto, or any bridge, rail or plank road; or place or cause to be placed, any obstruction on any electric railway, or on any such bridge, rail or plank road; or willfully obstruct or injure any public road or highway; or maliciously cut, burn, or in any way break down, injure or destroy any post or pole used in connection with any system of electric lighting, electric railway, or telephone or telegraph system; or break down and destroy or injure and deface any electric light, telegraph or telephone instrument; or in any way cut, break or injure the wires of any apparatus belonging thereto; or willfully without proper authorization tap, cut, injure, break, disconnect, connect, make any connection with, or destroy any of the wires, mains, pipes, conduits, meters or other apparatus belonging to, or attached to, the power plant or distributing system of any electric light plant, electric motor, gas plant or water plant; or aid or abet any other person in so doing.
(Code of Iowa, Sec. 716.1)
     8. Tapping into Utility Transmission Cables. No person shall connect to any transmission cable without first obtaining permission from the owner of the cable.
(Code of Iowa, Sec. 727.8)
     9. Obstructing ditches and breaking levees. No person shall divert, obstruct, impede, or fill up, without legal authority, any ditch, drain, or watercourse, or break down any levee established, constructed, or maintained under any provision of law.
(Code of Iowa, Sec. 716.1)

TITLE III COMMUNITY PROTECTION
CHAPTER 2 NUISANCES
3-2-1 Definitions
3-2-2 Nuisances Prohibited
3-2-3 Other Conditions Regulated
3-2-4 Notice to Abate Nuisance or Condition
3-2-5 Contents of Notice to Abate
3-2-6 Method of Service
3-2-7 Request for Hearing and Appeal
3-2-8 Abatement in Emergency
3-2-9 Abatement by Municipality
3-2-10 Collection of Cost of Abatement
3-2-11 Installment Payment of Cost of Abatement
3-2-12 Condemnation of Nuisance
3-2-1 DEFINITIONS. For use in this Ordinance, the following terms are defined:
     1. The term "nuisance" means whatever is injurious to health, indecent, or unreasonably offensive to the senses or an obstacle to the free use of property, so as essentially to unreasonably interfere with the comfortable enjoyment of life or property. The following are declared to be nuisances:
(Code of Iowa, Sec. 657.1)
          a. The erecting, continuing, or using any building or other place for the exercise of any trade, employment, or manufacture, which by occasioning noxious exhalations, unreasonably offensive smells, or other annoyances, becomes injurious and dangerous to the health, comfort, or property of individuals or the public.
(Code of Iowa, Sec. 657.2(1))
          b. The causing or suffering any offal, filth, or noisome substance to accumulate or to remain in any place to the prejudice of others.
(Code of Iowa, Sec. 657.2(2))
          c. The obstructing or impeding without legal authority the passage of any navigable river, harbor, or collection of water.
(Code of Iowa, Sec. 657.2(3))
          d. The polluting or rendering unwholesome or impure the water of any river, stream, or pond, or unlawfully diverting the same from its natural course or state, to the injury or prejudice of others.
(Code of Iowa, Sec. 657.2(4))
          e. The obstructing or encumbering by fences, buildings, or otherwise the public roads, private ways, streets, alleys, commons, landing places, or burying grounds.
(Code of Iowa, Sec. 657.2(5))
          f. Houses of ill fame, kept for the purpose of prostitution and lewdness, gambling houses, or houses resorted to for the use of controlled substances or houses where drunkenness, quarreling, fighting or breaches of the peace are carried on or permitted to the disturbance of others.
(Code of Iowa, Sec. 657.2(6))
          g. Billboards, signboards, and advertising signs, whether erected and constructed on public or private property, which so obstruct and impair the view of any portion or part of a public street, avenue, highway, boulevard or alley or of a railroad or street railway track as to render dangerous the use thereof, especially near intersecting streets.
(Code of Iowa, Sec. 657.2(7))
          h. Cotton-bearing cottonwood trees and all other cotton-bearing poplar trees in the City.
          i. Any object or structure hereafter erected within 1,000 feet of the limits of any municipal or regularly established airport or landing place, which may endanger or obstruct aerial navigation, including take-off and landing.
(Code of Iowa, Sec. 657.2(8))
          j. The depositing or storing of inflammable junk, such as old rags, rope, cordage, rubber, bones, and paper, by any person, including a dealer in such articles, unless it be in a building of fire resistant construction.
(Code of Iowa, Sec. 657.2(9))
          k. The emission of dense smoke, noxious fumes, or fly ash.
(Code of Iowa, Sec. 657.2(10))
          l. Dense growth of all weeds, grasses, vines, brush, or other vegetation in the City so as to constitute a health, safety, or fire hazard including any City owned property between the abutting property line and the street right-of-way.
(Code of Iowa, Sec. 657.2(11))
          m. Trees infected with Dutch Elm disease.
(Code of Iowa, Sec. 657.2(12))
          n. Effluent from septic tank or drain field running or ponding on the ground in the open.
          o. Any article or substance placed upon a street, alley, sidewalk, public ground, or in any ditch, waterway, or gutter so as to obstruct the drainage.
(Code of Iowa, Sec. 716.1)
          p. Accumulations of rubbish or trash tending to harbor vermin, rodents, and rank growth of weeds or other vegetation and plants, which is conducive to hazard.
(Code of Iowa, Sec. 657.2)
     2. The term "property owner" means the contract purchaser if there is one of record, otherwise the record holder of legal title.
(Code of Iowa, Sec. 364.1)
3-2-2 NUISANCES PROHIBITED. The creation or maintenance of a nuisance is prohibited, and a nuisance, public or private, may be abated in the manner provided in this chapter.
(Code of Iowa, Sec. 657.3)
3-2-3 OTHER CONDITIONS REGULATED. The following actions are required and may also be abated in the manner provided in this Ordinance:
     1. The removal of diseased trees or dead wood, but not diseased trees and dead wood outside the lot and property lines and inside the curb lines upon the public street.
(Code of Iowa, Sec. 364.12(3)(b))
     2. The removal, repair, or dismantling of dangerous buildings or structures.
(Code of Iowa, Sec. 364.12(3)(c))
     3. The numbering of buildings.
(Code of Iowa, Sec. 364.12(3)(d))
     4. The connection to public drainage systems from abutting property when necessary for public health or safety.
(Code of Iowa, Sec. 364.12(3)(e))
     5. The connection to public sewer systems from abutting property, and the installation of sanitary toilet facilities and removal of other toilet facilities on such property.
(Code of Iowa, Sec. 364.12(3)(f))
     6. The cutting or destruction of weeds or other growth which constitutes a health, safety, or fire hazard.
(Code of Iowa, Sec. 364.12(3)(g))
     7. The maintenance, by the property owner, of all property outside the lot and property lines and inside the curb lines upon public streets, including maintaining a fifteen (15) foot clearance above the street from trees extending over the streets, except as provided in Section 3-2-3(1).
3-2-4 NOTICE TO ABATE NUISANCE OR CONDITION. Whenever the Mayor or other authorized municipal officer finds that a nuisance or other condition exists which is listed in Section 3, the Mayor or officer shall notify the property owner as shown by the records of the County Auditor to abate the nuisance within a reasonable time after notice.
(Code of Iowa, Sec. 364.12(3)(h))
3-2-5 CONTENTS OF NOTICE TO ABATE. The notice to abate shall contain:
(Code of Iowa, Sec. 364.12(3)(h))
     1. A description of what constitutes the nuisance or other condition.
     2. The location of the nuisance or condition.
     3. A statement of the act or acts necessary to abate the nuisance or condition.
     4. A reasonable time within which to complete the abatement.
     5. A statement that if the nuisance or condition is not abated as directed and no request for hearing is made within the time prescribed, the City will abate it and assess the costs against such person.
3-2-6 METHOD OF SERVICE. The notice may be sent by regular mail to the property owner as shown by the records of the County Auditor.
(Code of Iowa, Sec. 364.12(3)(h))
3-2-7 REQUEST FOR HEARING AND APPEAL. Any person ordered to abate a nuisance or condition may have a hearing with the officer ordering the abatement as to whether a nuisance or prohibited condition exists. A request for a hearing must be made in writing and delivered to the officer ordering the abatement within the time stated in the notice, or it will be conclusively presumed that a nuisance or prohibited condition exists and it must be abated as ordered.
At the conclusion of the hearing, the hearing officer shall render a written decision as to whether a nuisance or prohibited condition exists. If the officer finds that a nuisance or prohibited condition exists, the officer must order it abated within an additional time which must be reasonable under the circumstances. An appeal from this decision may be had by immediately filing a written notice with the hearing officer. This appeal shall be heard before the City Council at a time and place fixed by the Council. The findings of the Council shall be conclusive and, if a nuisance or prohibited condition is found to exist, it shall be ordered abated within a time reasonable under the circumstances.
3-2-8 ABATEMENT IN EMERGENCY. If it is determined that an emergency exists by reason of the continuing maintenance of the nuisance or condition, the City may perform any action that may be required under this chapter without prior notice, and assess the costs as provided herein, after notice to the property owner under the applicable provision of Sections 3-2-4 and 3-2-5 and hearing as provided in Section 3-2-7.
(Code of Iowa, Sec. 364.12(3)(h))
3-2-9 ABATEMENT BY MUNICIPALITY. If the person notified to abate a nuisance or condition neglects or fails to abate as directed, the City may perform the required action to abate, keeping an accurate account of the expense incurred. The itemized expense account shall be filed with the City Clerk, who shall pay such expenses on behalf of the municipality.
(Code of Iowa, Sec. 364.12(3)(h))
3-2-10 COLLECTION OF COST OF ABATEMENT. The Clerk shall mail a statement of the total expense incurred to the property owner who has failed to abide by the notice to abate, and if the amount shown by the statement has not been paid within one month, the City Clerk shall certify the costs to the County Treasurer and they shall then be collected with, and in the same manner, as general property taxes.
(Code of Iowa, Sec. 364.12(3)(h))
3-2-11 INSTALLMENT PAYMENT OF COST OF ABATEMENT. If the amount expended to abate the nuisance or condition exceeds $100, the City may permit the assessment to be paid in up to ten annual installments, to be paid in the same manner and at the same rate of interest charged delinquent real estate taxes by the County Treasurer.
(Code of Iowa, Sec. 364.13)
3-2-12 CONDEMNATION OF NUISANCE. The City may condemn a residential building found to be abandoned and a public nuisance and take title to the property for the public purpose of disposing of the property under Section 657A by conveying the property to a private individual for rehabilitation or for demolition and construction of housing.
(Code of Iowa, Sec. 364.12A)

TITLE III COMMUNITY PROTECTION
CHAPTER 3 TRAFFIC CODE
GENERAL REGULATIONS
3-3-1 Authority to Install Traffic-Control Devices
3-3-2 Play Streets
3-3-3 Authority to Impound Vehicles
3-3-4 Parking During Snow Emergency
3-3-5 Load Restrictions Upon Vehicles Using Certain Streets
3-3-6 Truck Routes
SNOWMOBILES
3-3-7 Snowmobile Definitions
3-3-8 Permitted Areas of Operation
3-9-3 Regulations
3-3-10 Equipment Required
3-3-11 Unattended Vehicles
3-3-12 Restriction of Operation
3-3-13 Traffic Regulation
OFF ROAD VEHICLES
3-3-14 Definitions
3-3-15 Operation of Off Road Vehicles
3-3-16 Accident Reports
GOLF CARTS
3-3-17 Definitions
3-3-18 Operation of Golf Carts
NOISE
3-3-19 Vehicular Noise
3-3-20 Engine and Compression Brakes

GENERAL REGULATIONS
3-3-1 AUTHORITY TO INSTALL TRAFFIC-CONTROL DEVICES. The Council shall cause to be placed and maintained traffic-control devices when and as required under this Chapter or other Ordinances of this City to make effective their provisions, and may so cause to be placed and maintained such additional, emergency, or temporary traffic-control devices for the duration of an emergency or temporary condition as traffic conditions may require, to regulate traffic under the traffic Ordinances of this City or under State law or to guide or warn traffic.
All traffic-control devices shall comply with current standards established by the Manual of Uniform Traffic Control Devices for Streets and Highways.
(Code of Iowa, Sec. 321.255)
The Council may designate and maintain crosswalks by appropriate traffic control devices at intersections where, due to traffic conditions, there is particular danger to pedestrians crossing the street or roadway, and at such other places as traffic conditions require.
(Code of Iowa, Sec. 372.13(4) & 321.255)
3-3-2 PLAY STREETS. The Council has the authority to declare any street or part thereof a play street and to place appropriate signs or devices in the roadway indicating and helping to protect the same.
Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon the street or any portion thereof except drivers of vehicles having business or whose residences are within the closed area, and then the driver shall exercise the greatest care in driving upon the street or portion thereof.
(Code of Iowa, Sec. 321.255)
3-3-3 AUTHORITY TO IMPOUND VEHICLES. Members of law enforcement are authorized to remove, or cause to be removed, a vehicle from a street, public alley, or highway to the nearest garage or other place of safety, or to a garage designated or maintained by the police department, or otherwise maintained by the City, under the following circumstances:
     1. When a vehicle is upon a street and is so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal.
     2. When any vehicle is left unattended upon a street and constitutes a definite hazard or obstruction to the normal movement of traffic.
     3. When any vehicle is left parked upon a street for a continuous period of forty-eight (48) hours or more. A diligent effort shall first be made to locate the owner. If the owner is found, the owner shall be given the opportunity to remove the vehicle.
     4. When any vehicle is left parked in violation of a ban on parking during a snow emergency as proclaimed by the Mayor.
In addition to the penalties hereinafter provided, the owner or driver of any vehicle impounded for violation of any of the provisions of this Chapter shall be required to pay the reasonable cost of towing charges and storage.
3-3-4 PARKING DURING SNOW EMERGENCY. No person shall park, abandon, or leave unattended any vehicle on any public street, alley, or City-owned off-street parking area during any snow emergency proclaimed by the Mayor unless the snow has been removed or plowed from said street, alley or parking area and the snow has ceased to fall. A snow emergency parking ban shall continue from its proclamation through the duration of the snow or ice storm and the forty-eight (48) hour period after cessation of the storm except as above provided upon streets which have been fully opened.
The ban shall be of uniform application and the Mayor is directed to publicize the requirements widely, using all available news media, in early November each year. When predictions or occurrences indicate the need, the Mayor shall proclaim a snow emergency and shall inform the news media to publicize the proclamation and the parking rules under the emergency. Such emergency may be extended or shortened when conditions warrant.
(Code of Iowa, Sec. 321.236)
3-3-5 LOAD RESTRICTIONS UPON VEHICLES USING CERTAIN STREETS.
When signs are erected giving notice thereof, no person shall operate any vehicle licensed in
excess of the load restriction specified on the signs at any time on any streets or parts of streets
3-3-6 TRUCK ROUTES.
     1. Every motor vehicle licensed for five (5) tons or more, having no fixed terminal within the City or making no scheduled or definite stops within the City for the purpose of loading or unloading, shall travel over or upon the following streets within the City and none other:
     2. West Street south to Highway Street, then on Highway Street east and south to City limits.
     3. The City may, if it has determined that conditions warrant, designate an alternate truck route.
     4. Any motor vehicle licensed for five (5) tons or more, having a fixed terminal, making scheduled or definite stop within the City for the purpose of loading or unloading, shall proceed over or upon the designated routes set out in this section to the nearest point of its scheduled or definite stop and shall proceed thereto, load or unload and return, by the most direct route to its point of departure from the designated route.
     5. The owner, or any other person, employing or otherwise directing the driver of any vehicle shall not require or knowingly permit the operation of such vehicle upon a street in any manner contrary to this section.

SNOWMOBILES
3-3-7 SNOWMOBILE DEFINITIONS.
     1. "Snowmobile" means a self-propelled vehicle designed for travel on snow or ice in a natural terrain steered by wheels, skis or runners.
     2. "Operate" means to control the operation of a snowmobile.
     3. "Operator" means a person who operates or is in actual control of a snowmobile.
3-3-8 PERMITTED AREAS OF OPERATION. Snowmobiles will be allowed to operate in the City as follows:
The route established herein shall be the only permitted snowmobile route and the snowmobiles shall be operated within the roadways of said public streets and shall also be subject to the following regulations.
3-3-9 REGULATIONS. It shall be unlawful for any person to operate a snowmobile under the following circumstances:
     1. On private property of another without the express permission to do so by the owner or occupant of said property.
     2. On public school grounds, park property, playgrounds, recreational areas and golf courses without express permission to do so by the proper public authority.
     3. In a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons.
     4. In a careless, reckless or negligent manner so as to endanger the safety of any person or property of any other person.
     5. Without having such snowmobile registered as provided for by Iowa Statute except that this provision shall not apply to the operation of a snowmobile on the private property of the owner by the owner or a member of his immediate family.
     6. Within the right-of-way of any public street or alley within the City unless the operator shall have a valid driver's license; or an instruction permit and accompanied by a qualified licensed driver.
     7. No person shall operate a snowmobile in the City from eleven o'clock (11:00) p.m. to ten o'clock (10:00) a.m., except for the purpose of loading and unloading a snowmobile from another vehicle or trailer.
3-3-10 EQUIPMENT REQUIRED. All snowmobiles operated within the City shall have the following equipment:
     1. Mufflers which are properly attached and which reduce the noise of operation of the vehicle to the minimum noise necessary for operating the vehicle and no person shall use a muffler cut-out, by-pass or similar device on said vehicle.
     2. Adequate brakes in good operating condition and at least one headlight and one taillight in good operating condition.
     3. A safety or so-called "dead-man" throttle in operating condition; a safety or "dead-man" throttle is defined as a device which when pressure is removed from the accelerator or throttle causes the motor to be disengaged from the driving track.
3-3-11 UNATTENDED VEHICLES. It is unlawful for the owner or operator to leave or allow a snowmobile to be or remain unattended on public property while the motor is running or the key left in the ignition.
3-3-12 RESTRICTION OF OPERATION. The City Council may, by resolution, prohibit the operation of snowmobiles within the right-of-way of the public roads, streets or alley or other City property within the City when the public safety and welfare so requires.
3-3-13 TRAFFIC REGULATION. Each person operating a snowmobile shall strictly observe all traffic signs and signals and all other traffic rules and regulations applicable thereto, and shall obey the orders and directions of any police officer of the City authorized to direct or regulate traffic.

OFF-ROAD VEHICLES
3-3-14 DEFINITIONS. For use in this Chapter the following terms are defined:
     1. "All-terrain vehicle" (ATV) means a motor vehicle designed to travel on three or more wheels and designed primarily for off- road recreational use. “All-terrain vehicle” includes off road-utility vehicles as defined in section 321I.1. but not including farm tractors or equipment, construction equipment, forestry vehicles, or lawn and grounds maintenance vehicles.
(Code of Iowa, Section 321.1)
Off-road motorcycles shall be considered all-terrain vehicles for the purpose of registration. Off-road motorcycles shall also be considered all-terrain vehicles for the purpose of titling if a title has not previously been issued pursuant to Chapter 321. An operator of an off-road motorcycle is subject to provisions governing the operation of all-terrain vehicles in this Chapter, but is exempt from the safety instruction and certification program requirements of Sections 321I.25 and 321I.26.
     2. “Off-road motorcycle” means a two-wheeled motor vehicle that has a seat or saddle designed to be straddled by the operator and handlebars for steering control and that is intended by the manufacturer for use on natural terrain. “Off-road motorcycle” includes a motorcycle that was originally issued a certificate of title and registered for highway use under Chapter 321, but which contains design features that enable operation over natural terrain.
     3. “Off-road utility vehicle” means a motorized flotation-tire vehicle with not less than four and not more than six low-pressure tires that is limited in engine displacement to less
than one thousand five hundred cubic centimeters and in total dry weight to not more than one thousand eight hundred pounds and that has a steering wheel for control.
(Code of Iowa, Sec. 321I.1(1))
3-3-15 OPERATION OF OFF ROAD VEHICLES. The operation of ATV or off road vehicles shall comply with the following restrictions.
     1. Streets. Only on such streets as may be designated by the City Council in accordance with Code of Iowa 321.234A.
(Code of Iowa, Sec. 321.I))
     2. Trails. ATVs shall not be operated on snowmobile trails except where designated.
(Code of Iowa, Sec. 321I.10{3})
     3. Prohibited Operation. Shall not be operated on the sidewalks, railroad right of way, parks, or other city land.
     4. Operation During Darkness. Every all-terrain vehicle operated during the hours of darkness shall display a lighted headlamp and tail lamp.
     5. Compliance with State Code. All Operations shall comply with Iowa Code Chapter 321I
3-3-16 ACCIDENT REPORTS. Whenever an ATV, off-road motorcycle, or off-road utility vehicle is involved in an accident resulting in injury or death to anyone or property damage amounting to one thousand dollars ($1,000.00) or more, either the operator or someone acting for the operator shall immediately notify a law enforcement officer and shall file an accident report, in accordance with State law.
(Code of Iowa, Sec. 321I.11)

GOLF CARTS
3-3-17 DEFINITIONS. For use in this ordinance “golf cart” is defined as a motorized 3 or 4-wheeled vehicle designed to transport person(s) on a golf course.
3-3-18 OPERATION OF GOLF CARTS. Golf carts may be operated on City streets by persons possessing a valid driver’s license provided that a special permit is obtained from the City Council. The application for a permit shall set forth that the applicant meets the requirements of this section, the proposed routes of the applicant, and a compelling need for issuance of the permit. The City Council may impose restrictions and conditions in addition to those set forth in this section and may deny an application when a compelling need for the permit is not demonstrated. A golf cart shall not be operated upon a City street which is a primary road extension, i.e., State or Federal highway, but shall be allowed to cross a City street which is a primary road extension through the City. The golf cart shall be equipped with adequate brakes, a slow-moving vehicle sign, and a bicycle safety flag. The golf cart shall be operated only on the streets from sunrise to sunset. Golf carts operated on City streets need not be registered under Chapter 321 of the Code of Iowa
3-3-19 VEHICULAR NOISE.
     1. It shall be unlawful for any person to make, continue or cause any disturbing, excessive or offensive, noise which results in discomfort or annoyance to any reasonable person of normal sensitivity by means of radio, compact disk player, stereo, speakers, cassette tape player or similar sound device in a motor vehicle.
     2. The operation of any radio, compact disk player, stereo, speakers, cassette tape player or similar sound device in such a manner so as to be audible at a distance of two hundred (200) feet from the motor vehicle shall constitute evidence of a prima facie violation of this section.
3-3-20 ENGINE AND COMPRESSION BRAKES.
     1. It shall be unlawful for the driver of any motor vehicle to use or operate or cause to be used or operated within the City, any engine brake, compression brake or mechanical exhaust device designed to aid in the braking or deceleration of any motor vehicle that results in excessive, loud, unusual or explosive noise from such vehicle.
     2. The usage of an engine brake, compression brake or mechanical exhaust device designed to aid in braking or deceleration in such a manner so as to be audible at a distance of three hundred (300) feet from the motor vehicle shall constitute evidence of a prima facie violation of this section.

TITLE III COMMUNITY PROTECTION
CHAPTER 4 RESERVED

TITLE III COMMUNITY PROTECTION
CHAPTER 5 FIRE PROTECTION
3-5-1 Establishment of Services by 28E Agreement
3-5-2 Copy of Agreement
3-5-1. ESTABLISHMENT OF SERVICES BY 28E AGREEMENT. The City of Henderson has established fire protection services in order to prevent and extinguish fires and to protect lives and property against fire, to promote fire prevention and fire safety, and to answer emergency calls within the corporate limits of the City by participating in a 28E Agreement with Henderson Township.
(Code of Iowa, Sec. 28E.30)
2-8-2 COPY OF AGREEMENT. A copy of the 28E Agreement is on file with the Secretary of State, State of Iowa and has been recorded by the Mills County Recorder, Mills County, Iowa. In addition, a copy of the agreement is on file in the City Clerk’s office.

TITLE III COMMUNITY PROTECTION
CHAPTER 6 CURFEW FOR MINORS
3-6-1 Preamble
3-6-2 Findings and Purpose
3-6-3 Definitions
3-6-4 Offenses
3-6-5 Defenses
3-6-6 Enforcement
3-6-1 PREAMBLE. The City of Henderson recognizes that all citizens including minors have certain inalienable rights and that among them are the rights of liberty and the pursuit of happiness. Further, all citizens including minors have the right to freedom of religion, freedom of speech, freedom of assembly, and of association. This section should be interpreted to avoid any construction that would result in the appearance of interference with the free exercise of religious worship and political association and this Ordinance shall not be construed to mean that the City intends to interfere with a minor's freedom of association for political, economic, religious, or cultural matters or association for purposes such as marches, demonstrations, picketing, or prayer vigils which are otherwise lawful and peaceful assemblies.
(Code of Iowa, Sec. 364.1)
3-6-2 FINDINGS AND PURPOSE. The City Council has determined that there has been an increase in juvenile violence and crime by persons under the age of 16 in the City of Henderson; and
Persons under the age of 16 are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related activities and to be victims of older perpetrators of crime; and
The City of Henderson has an obligation to provide for the protection of minors from each other and from other persons, for the enforcement of parental control over and responsibility for children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities.
3-6-3 DEFINITIONS. In this chapter:
     1. Curfew hours means 10:00 p.m. until 5:00 a.m.
     2. Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
     3. Establishment means any privately-owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
     4. Guardian means:
          a. A person who, under court order, is the guardian of the person of a minor; or
          b. A public or private agency with whom a minor has been placed by a court.
     5. Minor means any unmarried person under age 16 years of age.
     6. Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
     7. Parent means a person who is:
          a. A biological parent, adoptive parent, or step-parent of another person; or
          b. At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
     8. Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
     9. Remain means to:
          a. Linger or stay; or
          b. Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
     10. Serious Bodily Injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss of impairment of the function of any bodily member or organ.
3-6-4 OFFENSES.
     1. A minor commits an offense if the minor remains in any public place or on the premises of any establishment within the City during curfew hours.
     2. A parent or guardian of a minor commits an offense if they knowingly permit, or by insufficient control allow, the minor to remain in any public place or on the premises of any establishment within the City during curfew hours.
     3. The owner, operator, or any employee of an establishment commits an offense if they knowingly allow a minor to remain upon the premises of the establishment during curfew hours.
3-6-5 DEFENSES.
     1. It is a defense to prosecution under this chapter that the minor was:
          a. Accompanied by the minor's parent or guardian;
          b. On an errand at the direction of the minor's parent or guardian, without any detour or stop;
          c. In a motor vehicle involved in interstate travel;
          d. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
          e. Involved in an emergency;
          f. On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;
          g. Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Henderson, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Henderson, a civic organization, or another similar entity that takes responsibility for the minor;
          h. Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
          i. Married or had been married.
     2. It is a defense to prosecution under Subsection 3-6-4(3) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
3-6-6 ENFORCEMENT.
     1. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Section 3-6-5 is present.
     2. A minor who is in violation of this Ordinance shall be reunited with the minor's parent or guardian or custodian or other adult taking the place of the parent or shall be taken home by law enforcement officers.
"Editor's Note: The courts have carefully scrutinized curfew Ordinances and before enacting such an Ordinance, you should consult with your City Attorney. See Maquoketa v. Russell, 484 NW2d, 179 (Iowa 1992) and Quit v. Strauss, 8 F2d 260 (1993)."

TITLE III COMMUNITY PROTECTION
CHAPTER 7 REGULATING PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
3-7-1 Definitions
3-7-2 Exemptions
3-7-3 Reserved
3-7-4 Reserved
3-7-5 Hours of Solicitation
3-7-6 Consumer Protection Law
3-7-7 Reserved
3-7-8 Obstruction of Pedestrian or Vehicular Traffic
3-7-9 Reserved
3-7-10 Reserved
3-7-11 Reserved
3-7-1 DEFINITIONS. For use in this chapter, the following terms are defined as follows:
     1. A "peddler" is any person carrying or transporting goods or merchandise who sells or offers for sale for immediate delivery such goods or merchandise from house-to-house or upon the public street.
     2. A "solicitor" is any person who solicits or attempts to solicit from house-to-house or upon public streets orders for commercial goods, wares, subscriptions, publications, periodicals, merchandise, or services to be delivered or fulfilled at a future date.
For the purposes of this chapter, "solicitor" does not include a person who contacts another person at such person's residence without prior invitation to enlist support for or against, or solicit funds for patriotic, philanthropic, charitable, political, or religious purposes, whether or not there is an incidental purpose involving the sale of some goods or service.
     3. A "transient merchant" includes every merchant, whether an individual person, a firm, corporation, partnership, or association, who brings or causes to be brought within the municipality any goods, wares, or merchandise of any kind, nature, or description, with the intention of temporarily or intermittently selling or offering to sell at retail such goods, wares, or merchandise. Temporary association with a local merchant, dealer, trader, or auctioneer, for conducting such transient business in connection with, as part of, or in the name of any local merchant, dealer, trader, or auctioneer, does not exempt any such person, firm, or corporation from being considered a transient merchant.
The provisions of this chapter shall not be construed to apply to persons selling at wholesale to merchants, nor to persons running a huckster wagon, or selling or distributing livestock feeds, fresh meats, fish, fruit, or vegetables, nor to persons selling their own work or production either by themselves or their employees nor to route delivery persons who only incidentally solicit additional business or make special sales nor to persons customarily calling on businesses or institutions for the purposes of selling products for resale or institutional use.
3-7-2 EXEMPTIONS. The provisions of this chapter shall not apply to nonprofit civic, charitable, religious, or educational groups engaged in retail sale for the purposes of fund raising.
3-7-3 RESERVED.
3-7-4 RESERVED.
3-7-5 HOURS OF SOLICITATION. No person may conduct those activities described in Section 3-7-1 except between the hours of 8:00 a.m. and 8:00 p.m. on each day, and no solicitation shall be done on Sundays or legal holidays.
3-7-6 CONSUMER PROTECTION LAW. All solicitors and peddlers shall be informed of, agree to comply with, and comply with the State law, Section 555A.3, Code of Iowa, requiring a notice of cancellation to be given in duplicate, properly filled out, to each buyer to whom such person sells a product or service and, comply with the other requirements of the law.
3-7-7 RESERVED.
3-7-8 OBSTRUCTION OF PEDESTRIAN OR VEHICULAR TRAFFIC. No person, while engaged in any of the practices described in Section 3-7-1, shall block or obstruct the path of any pedestrian or vehicular traffic, or block or obstruct any way of ingress or egress to roads, buildings, or other enclosures or conveyances, including, but not limited to, vehicles, elevators, and escalators.
3-7-9 RESERVED.
3-7-10 RESERVED.
3-7-11 RESERVED.

TITLE III COMMUNITY PROTECTION
CHAPTER 8 RESERVED

TITLE III COMMUNITY PROTECTION
CHAPTER 9 ALCOHOLIC BEVERAGES
3-9-1 Purpose
3-9-2 Required Obedience to Provisions of this Chapter and State Law
3-9-3 Action by Council
3-9-4 Transfers
3-9-1 PURPOSE. The purpose of this chapter is to provide for administration of licenses and permits and for local regulations and procedures for the conduct of the sale and consumption of beer, wine, and liquor, for the protection of the safety, health, and general welfare of this community.
(Code of Iowa, Sec. 364.1)
3-9-2 REQUIRED OBEDIENCE TO PROVISIONS OF THIS CHAPTER AND STATE LAW. The following sections of the Iowa Code are hereby adopted by reference:
     1. 123.2 and 123.3 General Prohibition and Definitions
     2. 123.18 Favors From Licensee or Permittee
     3. 123.22 State Monopoly
     4. 123.28 Open Alcoholic Beverage Containers
     5. 123.30 Liquor Control Licenses - Classes
     6. 123.31 Application Contents
     7. 123.33 Records
     8. 123.34 Expiration - License or Permit
     9. 123.35 Simplified Renewal Procedure
     10. 123.36 Liquor Fees - Sunday Sales
     11. 123.38 Nature of Permit or License - Surrender - Transfer
     12. 123.39 Suspension or Revocation of License or Permit - Civil Penalty
     13. 123.40 Effect of Revocation
     14. 123.44 Gifts of Liquors Prohibited
     15. 123.46 Consumption in Public Places - Intoxication - Right to Chemical Test -Notifications - Exoneration
     16. 123.47 Persons Under Legal Age - Penalty
     17. 123.49 Miscellaneous Prohibitions
     18. 123.50 Criminal and Civil Penalties
     19. 123.51 Advertisements for Alcoholic Liquor, Wine or Beer
     20. 123.52 Prohibited Sale
     21. 123.90 Penalties Generally
     22. 123.95 Premises Must Be Licensed - Exception as to Conventions and Social Gatherings
     23. 123.122 through 123.145 Beer Provisions (Division II)
     24. 123.150 Sunday Sales Before New Year's Day
     25. 123.171 through 123.182 Wine Provisions (Division V)
     26. 321.284 Open Containers in Motor Vehicles - Drivers
     27. 321.284A Open Containers in Motor Vehicles - Passengers
3-9-3 ACTION BY COUNCIL. The City Council shall approve or disapprove the application for all Liquor Control Licenses. Action taken by the City Council shall be endorsed on the application. The application, fee, penal bond, and certificate of dram shop liability insurance (if applicable) shall be forwarded to the Iowa Alcoholic Beverages Division for further action as provided by law.
(Code of Iowa, Sec. 123.32(2))
3-9-4 TRANSFERS. The City Council may, in its discretion, authorize a licensee or permittee to transfer the license or permit from one location to another within the City, provided that the premises to which the transfer is to be made would have been eligible for a license or permit in the first instance and the transfer will not result in the violation of any law or Ordinance. An applicant for a transfer shall file with the application for transfer proof of dram shop liability insurance and penal bond covering the premises to which the license is to be transferred.
(Code of Iowa, Sec. 123.38)

TITLE III COMMUNITY PROTECTION
CHAPTER 10 JUNK AND ABANDONED VEHICLES
3-10-1 Purpose
3-10-2 Definitions
3-10-3 Removal of Abandoned Vehicles
3-10-4 Notification of Owners and Lienholders
3-10-5 Impoundment Fees and Bonds
3-10-6 Hearing Procedures
3-10-7 Auction or Disposal of Abandoned Vehicles
3-10-8 Junk Vehicles Declared a Nuisance
3-10-9 Notice to Abate
3-10-10 Abatement by Municipality
3-10-11 Collection of Cost of Abatement
3-10-12 Exceptions
3-10-13 Interference with Enforcement
3-10-1 PURPOSE. The purpose of this chapter is to protect the health, safety, and welfare of the citizens and safety of property of this City by providing for removal of abandoned motor vehicles and the elimination of the open storage of abandoned and junk motor vehicles and machinery except in authorized places.
(Code of Iowa, Sec. 3641.1)
3-10-2 DEFINITIONS. For the purpose of this chapter, the following terms are defined as follows:
     1. “Henderson Landmark Antique Machinery” means any piece of machinery that has agricultural historic significance, has been on display in the City for twenty (20) or more years and is kept free of tall and noxious weeds.
     2. "Abandoned vehicle" means any of the following:
          a. A vehicle that has been left unattended on public property for more than twenty-four hours and lacks current registration plates or two or more wheels or other parts which render the vehicle inoperable; or unsafe or
          b. A vehicle that has remained illegally on public property for more than twenty-four hours; or
          c. A vehicle that has been unlawfully parked on private property or has been placed on private property without the consent of the owner or person in control of the property for more than twenty-four hours; or
          d. A vehicle that has been legally impounded by order of law enforcement and has not been reclaimed for a period of ten days; or
          e. Any vehicle parked on the street determined by the Mayor to create a hazard to other vehicular traffic.
(Code of Iowa, Sec. 321.89(1)(b))
     3. "Private property" means any real property within the City which is not public property as defined in this section.
     4. "Public property" means any public right-of-way open for the purposes of vehicular travel.
     5. A "junk vehicle" means any vehicle without current license plates or which has any one of the following characteristics:
          a. Any vehicle with a broken or cracked windshield, or window or headlight or any other cracked or broken glass.
          b. Any vehicle with a broken or loose fender, door or bumper or hood or door handle or window handle or steering wheel, trunk top or trunk handle or tail pipe.
          c. Any vehicle which has become the habitat of rats, mice, or snakes, or any other vermin or insects.
          d. Any vehicle which contains gasoline or any other flammable fuel not contained in the vehicle’s fuel cell as installed by the manufacturer of the vehicle.
          e. Any motor vehicle if it lacks an engine or two or more wheels or other structural parts which render said motor vehicle totally inoperable.
          f. Any other vehicle which, because of its defective or obsolete condition, in any other way constitutes a threat to the public health and safety.
(Cedar Falls v. Flett 330 N.W. 2nd 251, 253, Iowa 1983)
     6. "Vehicle" means every device in, upon, or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and shall include without limitation a motor vehicle, automobile, truck, trailer, motorcycle, tractor, buggy, wagon, farm machinery, or any combination thereof.
3-10-3 REMOVAL OF ABANDONED VEHICLES.
     1. The City may, without prior notice or hearing, remove and impound any abandoned vehicle as defined in section 3-10-2 (1). The City may hire other personnel, equipment, and facilities for the purpose of removing, preserving, storing, or disposing of abandoned vehicles.
     2. The impoundment and storage of all vehicles pursuant to this chapter shall be in such areas or places designated by the City Council.
     3. When a vehicle is taken into custody and impounded under the provisions of this chapter, the City, shall maintain a record of the vehicle, listing the color, year of manufacture, manufacturer's trade name, body style, vehicle identification number, and license plate and year displayed on the vehicle. The records shall include the date and hour of tow, location towed from, location towed to, person or firm doing the towing, reason for towing, and the name of the officer authorizing the tow.
(Code of Iowa, Sec. 321.89(2))
     4. Nothing in this chapter shall govern the procedures of any police officer in taking into custody and impounding any vehicle to be used or proposed to be used as evidence in a criminal case involving crimes other than violations of this chapter.
3-10-4 NOTIFICATION OF OWNERS AND LIENHOLDERS.
     1. When a vehicle is taken into custody under the provisions of this chapter or under any provisions of State law, the City shall notify, within three days, by certified mail with five-days return receipt, the last known registered owner of the vehicle, all lienholders of record, and any other known claimant to the vehicle or to personal property found in the vehicle, addressed to their last known addresses of record, that the abandoned vehicle has been taken into custody. Notice shall be deemed given when mailed. The notice shall:
          a. Describe the year, make, model, and serial number of the vehicle.
          b. Describe the personal property found in the vehicle.
          c. Describe the location of the facility where the vehicle is being held.
          d. Inform the persons receiving notice:
               (1) of their right to reclaim the vehicle and personal property within ten days after the effective date of the notice;
               (2) that the right can be exercised upon payment of all towing, preservation, notice, and storage charges resulting from placing the vehicle in custody;
               (3) that failure of the owner or lienholders to exercise their right to reclaim the vehicle within the reclaiming period shall be deemed a waiver by the owner and all lienholders of all right, title, claim, and interest in the vehicle;
               (4) that failure to reclaim the vehicle is deemed consent to the sale of the vehicle at a public auction or disposal of the vehicle to a demolisher.
          e. State that any person claiming rightful possession of the vehicle or personal property who disputes the planned disposition of the vehicle or personal property by the Chief of Police or the assessment of fees and charges provided by this chapter may request a hearing to contest these matters in accordance with the provisions of Section 3-10-6.
          f. State that a request for a hearing must be in writing and received by the department prior to the expiration of the ten day reclaiming period.
          g. State that in the event a hearing is requested immediate release of the vehicle may be obtained by posting a cash bond as required by Section 3-10-5.
(Code of Iowa, Sec. 321.89(3)(a))
     2. The owner, lienholders or any person receiving notice may, by written request received by the City prior to the expiration of the ten day reclaiming period, obtain an additional fourteen days within which the vehicle may be reclaimed.
(Code of Iowa, Sec. 321.89(3)(c))
     3. Notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned shall be sufficient to meet the requirements of this chapter. The published notice may contain multiple listings of abandoned vehicles but shall be published within the same time requirements and shall contain the same information as prescribed for mailed notice in this section. Published notice shall be used if:
          a. the identity of the last registered owner cannot be determined, or
          b. the registration contains no address for the owner, or
          c. it is impossible to determine with reasonable certainty the identity and address of all lienholders.
(Code of Iowa, Sec. 321.89(3)(b))
     4. If the persons receiving notice do not request a hearing or exercise their right to reclaim the vehicle or personal property within the reclaiming period, the owner of the vehicle or owners of the personal property shall no longer have any right, title, claim, or interest in or to the vehicle.
     5. No court in any case in law or equity shall recognize any right, title, claim, or interest of the owner and lienholders after the ten day reclaiming period.
(Code of Iowa, Sec. 321.89(3))
3-10-5 IMPOUNDMENT FEES AND BOND.
     1. Before the owner or other person lawfully entitled to possession of any vehicle that has been impounded under the provisions of this chapter or any other provision of law may recover such vehicle, such person shall present to the Chief of Police or Mayor if the Chief of Police is unavailable, evidence of such person's identity and right to possession of the vehicle, shall sign a receipt for its return, and shall pay the costs of:
          a. an impoundment fee
          b. towing charges
          c. preservation charges
          d. storage charges
          e. notice charges
(Code of Iowa, Sec. 321.89(3)(a))
     2. The amount of the charges specified in a-e shall be set by the City Council. The notice charges shall be limited to the actual cost.
     3. If a hearing is requested under Section 3-10-4 (1)(e), the owner or person lawfully entitled to possession of the vehicle shall be permitted to secure the immediate release of the vehicle upon posting a cash bond in an amount equal to the sum of:
          a. the fees required by Section 3-10-5(1)
          b. the amount of the fine or penalty for each violation for which there is an outstanding or otherwise unsettled traffic violation notice or warrant.
3-10-6 HEARING PROCEDURES.
     1. The registered owner, any lienholder of record, or duly authorized agents thereof, may object to the legality of the impoundment or the assessment of fees and request a hearing thereon. No person shall be entitled to more than one hearing on each impoundment. Upon receipt of a timely objection to the impoundment, the objector shall be informed of the reason for the impoundment and a hearing shall be held, without unnecessary delay, before the City Council pursuant to 1-4-1 at seq.
(Code of Iowa, Sec. 321.89(3))
3-10-7 AUCTION OR DISPOSAL OF ABANDONED VEHICLES. The City shall follow the procedures in State law for the auction or disposal of abandoned vehicles.
(Code of Iowa, Sec. 321.89(4))
3-10-8 JUNK VEHICLES DECLARED A NUISANCE. Except as hereinafter provided, it is hereby declared that the parking, leaving, or storage of a junk vehicle upon either public or private property within the corporate limits of the City of Henderson, Iowa, constitutes a threat to the health and safety of the citizens and is a nuisance within the meaning of Section 657.1 of the Code of Iowa. If any junk vehicle is stored upon private property or public property in violation thereof, the owner of the property shall be liable for said violation.
3-10-9 NOTICE TO ABATE.
     1. Whenever the City shall find a junk vehicle placed or stored on private property within the City in violation of Section 3-10-8, the City shall notify, by certified mail with five days' return receipt, the following persons:
          a. the owner of the property.
          b. the occupant of the property.
     2. The notice to abate shall:
          a. describe, to the extent possible, the year, make, model, and color of the vehicle.
          b. describe the location of the vehicle.
          c. state that the vehicle constitutes a nuisance under the provisions of this chapter.
          d. state that the owner of the property shall remove or repair the said junk vehicle within ten days.
3-10-10 ABATEMENT BY MUNICIPALITY. If the person notified to abate a nuisance or condition neglects or fails to abate as directed, the City may perform the required action to abate, keeping an accurate account of the expense incurred. The itemized expense account shall be filed with the City Clerk who shall pay such expenses on behalf of the municipality.
(Code of Iowa, Sec. 364.12(3)(h))
3-10-11 COLLECTION OF COST OF ABATEMENT. The Clerk shall mail a statement of the total expense incurred to the property owner who has failed to abide by the notice to abate, and if the amount shown by the statement has not been paid within one month, the Clerk shall certify the costs to the County Treasurer and the costs shall then be collected with, and in the same manner, as general property taxes.
(Code of Iowa, Sec. 364.12(3)(h))
3-10-12 EXCEPTIONS. This chapter shall not apply to the following:
     1. A vehicle in an enclosed building.
     2. A vehicle on the premises of a business enterprise operated in a district properly zoned therefor, as authorized under the Zoning Ordinance or restricted residence district of this City, when necessary to the operation of said business enterprise.
     3. A vehicle in an appropriate storage space or depository maintained in a lawful place and lawful manner by this City.
     4. Henderson Landmark Antique Machinery.
     5. A vehicle stored within:
          a. Structure or Fence: A garage or other enclosed structure or enclosed by a wooden or chain-link fence at least six (6) feet high; or
          b. Salvage Yard: An auto salvage yard or junk yard lawfully operated within the City
3-10-13 INTERFERENCE WITH ENFORCEMENT. No person shall interfere in any way with the enforcement provision of this chapter.

TITLE III COMMUNITY PROTECTION
CHAPTER 11 DRUG PARAPHERNALIA
3-11-1 Definitions
3-11-2 Exemption
3-11-3 Prohibition
3-11-1 DEFINITIONS. As used in this Section, "drug paraphernalia" means all equipment, products, or materials of any kind used or attempted to be used in combination with a controlled substance, except those items used in combination with the lawful use of a controlled substance, to knowingly or intentionally and primarily do any of the following:
     1. Manufacture a controlled substance.
     2. Inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.
     3. Test the strength, effectiveness, or purity of a controlled substance.
     4. Enhance the effect of a controlled substance.
(Code of Iowa, Sec. 124.414)
3-11-2 EXEMPTION. "Drug paraphernalia" does not include hypodermic needles or syringes if manufactured, delivered, sold, or possessed for a lawful purpose.
(Code of Iowa. Sec. 124.414)
3-11-3 PROHIBITION. It is unlawful for any person to knowingly or intentionally manufacture, deliver, sell, or possess drug paraphernalia.
(Code of Iowa, Sec. 124.414)

TITLE III COMMUNITY PROTECTION
CHAPTER 12 HAZARDOUS SUBSTANCE SPILLS
3-12-1 Purpose
3-12-2 Definitions
3-12-3 Cleanup Required
3-12-4 Cleanup Costs
3-12-5 Notifications
3-12-6 Police Authority
3-12-1 PURPOSE. In order to reduce the danger to the public health, safety and welfare from the leaks and spills of hazardous substances, these regulations are promulgated to establish responsibility for the treatment, removal and cleanup of hazardous substance spills within the City limits.
3-12-2 DEFINITIONS. For purposes of this Chapter the following terms are defined:
     1. "Cleanup" shall mean actions necessary to contain, collect, control, identify, analyze, clean up, treat, disperse, remove or dispose of a hazardous substance.
(Code of Iowa, Sec. 455B.381(1))
     2. "Hazardous condition" shall mean any situation involving the actual, imminent or probable spillage, leakage, or release of a hazardous substance onto the land, into a water of the State or into the atmosphere which creates an immediate or potential danger to the public health or safety or to the environment.
(Code of Iowa, Sec. 455B.381(4))
     3. "Hazardous substance" shall mean any substance or mixture of substances that presents a danger to the public health or safety and includes, but is not limited to, a substance that is toxic, corrosive, or flammable, or that is an irritant or that generates pressure through decomposition, heat, or other means. "Hazardous substance" may include any hazardous waste identified or listed by the administrator of the United States Environmental Protection Agency under the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976, or any toxic pollutant listed under section 307 of the Federal Water Pollution Control Act as amended to January 1, 1977, or any hazardous substance designated under Section 311 of the Federal Water Pollution Control Act as amended to January 1, 1977, or any hazardous material designated by the Secretary of Transportation under the Hazardous Materials Transportation Act.
(Code of Iowa, Sec. 455B.381(5))
     4. "Responsible person" shall mean a person who at any time produces, handles, stores, uses, transports, refines, or disposes of a hazardous substance, the release of which creates a hazardous condition, including bailees, carriers, and any other person in control of a hazardous substance when a hazardous condition occurs, whether the person owns the hazardous substance or is operating under a lease, contract, or other agreement with the legal owner of the hazardous substance.
(Code of Iowa, Sec. 455B.381(7))
3-12-3 CLEANUP REQUIRED. Whenever a hazardous condition is created by the deposit, injection, dumping, spilling, leaking or placing of a hazardous substance, so that the hazardous substance or a constituent of the hazardous substance may enter the environment or be emitted into the air or discharged into any waters, including ground waters, the responsible person shall cause the condition to be remedied by a cleanup, as defined in the preceding section, as rapidly as feasible to an acceptable, safe condition. The costs of cleanup shall be borne by the responsible person. If the responsible person does not cause the cleanup to begin in a reasonable time in relation to the hazard and circumstances of the incident, the City may, by an authorized officer, give reasonable notice, based on the character of the hazardous condition, said notice setting a deadline for accomplishing the cleanup and stating that the City will proceed to procure cleanup services and bill the responsible person for all costs associated with the cleanup if the cleanup is not accomplished within the deadline. In the event that it is determined that immediate cleanup is necessary as a result of the present danger to the public health, safety and welfare, then no notice shall be required and the City may proceed to procure the cleanup and bill the responsible person for all costs associated with the cleanup. If the bill for those services is not paid within thirty (30) days, the City Attorney shall proceed to obtain payment by all legal means. If the cost of the cleanup is beyond the capacity of the City to finance it, the authorized officer shall report to the City Council and immediately seek any State or Federal funds available for said cleanup.
3-12-4 CLEANUP COSTS. The responsible person shall be strictly liable for all of the following:
     1. The reasonable cleanup costs incurred by the City as a result of the failure of the responsible person to clean up a hazardous substance involved in a hazardous condition.;
     2. The reasonable costs incurred by the City to evacuate people from the area threatened by a hazardous condition caused by the person; and
     3. The reasonable damages to the City for the injury to, destruction of, or loss of City property, including parks and roads, resulting from a hazardous condition caused by that person, including the costs of assessing the injury, destruction or loss.
3-12-5 NOTIFICATIONS.
A person manufacturing, storing, handling, transporting, or disposing of a hazardous substance shall notify the State Department of Natural Resources, Mills County Law Enforcement, and the Mayor of the occurrence of a hazardous condition as soon as possible but not later than one (1) hours after the onset of the hazardous condition or discovery of the hazardous condition.
Any other person who discovers a hazardous condition shall notify Mills County Law Enforcement and the Mayor, which shall then notify the Department of Natural Resources.
3-12-6 POLICE AUTHORITY. If the circumstances reasonably so require, the law enforcement officer or an authorized representative may:
     1. Evacuate persons from their homes to areas away from the site of a hazardous condition, and
     2. Establish perimeters or other boundaries at or near the site of a hazardous condition and limit access to cleanup personnel.
No person shall disobey an order of any law enforcement officer issued under this section.
3-12-7 CITY LIABILITY. The City of Henderson shall not be liable to any person for claims of damages, injuries, or losses resulting from any hazardous condition. Except if the City is the responsible party as defined in section 3.11.2 (4) of this code.
3-12-8 PENALTY. Any person found guilty of a violation of the provisions of this chapter shall, upon conviction, be subject to the penalty provision of section 1-3-2 of this code. Each day that a violation is allowed to continue shall constitute a separate and distinct violation. At the discretion of the city attorney, any violation of the provision of this chapter may be pursued as a municipal infraction in lieu of criminal prosecution.

TITLE III COMMUNITY PROTECTION
CHAPTER 13 HOUSE MOVERS
3-13-1 Definitions
3-13-2 Permit Required
3-13-3 Application
3-13-4 Bond Required
3-13-5 Insurance Required
3-13-6 Permit Fee
3-13-7 Permit Issued
3-13-8 Public Safety
3-13-9 Time Limit
3-13-10 Removal by City
3-13-11 Protect Pavement
3-13-12 Overhead Wires
3-13-1 DEFINITIONS. A "house mover" means any person who undertakes to move a building or similar structure upon, over, or across public streets or property when the building or structure is of such size that it requires the use of skids, jacks, dollies or any specialized moving equipment.
3-13-2 PERMIT REQUIRED. It is unlawful for any person to engage in the activity of house mover as herein defined without a valid permit from the City for each house, building, or similar structure to be moved. Building of less than one hundred (100) square feet are exempt from the provisions of this chapter.
3-13-3 APPLICATION. Application for a house mover's permit shall be made in writing to the Clerk. The application shall include:
     1. Name and Address. The applicant's full name and address and if a corporation the names and addresses of its principal officers.
     2. Building Location. An accurate description of the present location and future site of the building or similar structure to be moved.
     3. Routing Plan. A routing plan approved by the Mayor, street superintendent, and public utility officials. The route approved shall be the shortest route compatible with the greatest public convenience and safety.
3-13-4 BOND REQUIRED. The applicant shall post with the Clerk a penal bond in the minimum sum of five thousand dollars ($5,000.00) issued by a surety company authorized to issue such bonds in the State. The bond shall guarantee the permittee's payment for any damage done to the City or to public property, and payment of all costs incurred by the City in the course of moving the building or structure.
3-13-5 INSURANCE REQUIRED. Each applicant shall also file a certificate of insurance indicating that the applicant is carrying public liability insurance in effect for the durationof the permit covering the applicant and all agents and employees for the following minimum amounts:
     1. Bodily Injury- $100,000.00 per person; $300,000.00 per accident.
     2. Property Damage - $50,000.00 per accident.
3-13-6 PERMIT FEE. A permit fee of five dollars ($5.00) per day shall be payable at the time of filing the application with the Clerk. A separate permit shall be required for each house, building, or similar structure to be moved.
3-13-7 PERMIT ISSUED. Upon approval of the application, filing of bond and insurance certificate, and payment of the required fee, the Clerk shall issue a permit.
3-13-8 PUBLIC SAFETY. At all times when a building or similar structure is in motion upon any street, alley, sidewalk, or public property, the permittee shall maintain flagmen at the closest intersections or other possible channels of traffic to the sides, behind, and ahead of the building or structure. At all times when the building or structure is at rest upon any street, alley, sidewalk, or public property the permittee shall maintain adequate warning signs or lights at the intersections or channels of traffic to the sides, behind, and ahead of the building or structure.
3-13-9 TIME LIMIT. No house mover shall permit or allow a building or similar structure to remain upon any street or other public way for a period of more than twelve (12) hours without first secured the written approval of the City.
3-13-10 REMOVAL BY CITY. In the event any building or similar structure is found to be in violation of Section 3-13-9 the City is authorized to remove such building or structure and assess the costs thereof against the permit holder and the surety on the permit holder's bond.
3-13-11 PROTECT PAVEMENT. It is unlawful to move any house or building of any kind over any pavement, unless the wheels or rollers upon which the house or building is moved are at least one (1) inch in width for each thousand (1,000) pounds of weight of such building. If there is any question as to the weight of a house or building, the estimate of the City as to such weight shall be final.
3-13-12 OVERHEAD WIRES. The holder of any permit to move a building shall see that all telephone, cable television, and electric wires and poles are removed when necessary and replaced in good order, and shall be liable for the costs of the same.