County
Ordinance #V.8
Disturbing the
Peace
A
person commits a simple misdemeanor when the person does any of the following:
A.
Engages
in fighting or violent behavior in any public place or in or near any lawful
assembly of persons. Provided, that
participants in athletic contests may engage in conduct which is reasonably
related to the sport;
B.
Makes
loud and raucous noise in the vacinity or any residence or public place which
causes unreasonable stress to the occupants thereof;
C.
Directs
abusive epithets or makes any threatening gesture which the person knows or
reasonable should know is likely to provoke a violent reaction by another,
including, but not limited to, spitting on the person or property of another,
calling a person slanderous or vile names, or intentionally antagonizing
another by use of scurrilous or “fighting” words. Such words or actions, however, in no way allow their recipient
to count without legal justifications;
D.
Intentionally
and/or without express or implied consent of the person in lawful possession of
the property, urinates or defecates upon or in any public street or highway,
public place, or the tangible property of another;
E.
Without
lawful authority or color of authority, the person disturbs any lawful assembly
or meeting of persons by conduct intended to disrupt the meeting or assembly;
F.
By
words or action, initiates, or circulates a report or warning of fire,
epidemic, or other catastrophe knowing such report to be false, or such warning
to be baseless;
G.
Knowingly
and publicly uses the flag of the United States in such a manner as to show
disrespect for the flag as a symbol of the United States, with the intent or
reasonable expectation that such use will provoke or encourage another to
commit a public offense;
H.
Without
authority or justification, the person obstructs any street, sidewalk, highway,
or other public way, with the intent to prevent or hinder its lawful use by
others.
Additional penalties and
remedies:
1.
In
addition to or in the alternative to the provisions above, Tama County or an
interested person may institute civil proceedings to obtain injunctive and
declaratory relief or such other orders of the court as are reasonable and
proper to abate practices, conditions or circumstances found to be contrary to
or prohibited by the provisions of this ordinance.
Paraphernalia Forfeiture.
All
drug paraphernalia shall be subject to forfeiture and may be seized and
destroyed by Tama County. Such property
shall not be subject to replevin.
Tama
County may seize property subject to forfeiture under this Ordinance.
1.
The
seizure is incident to an arrest or a search pursuant to a search warrant;
2.
The
property subject to seizure has been the subject of a prior judgement in favor
of the County in an injunction or forfeiture proceeding based upon this
Ordinance.
3.
The
County has probable cause to believe that the property was used or is intended
to be used in violation of this Ordinance.
This
ordinance constitutes remedial legislation and is to be liberally construed to
give effect to its purpose.
It
is the legislative intent that should any provisions, section, clause or
sentence be held unconstitutional or invalid, such holding shall not be
construed as affecting the validity of any of the remaining provisions,
sections, causes or sentences and to this end the provisions of this ordinance
are severable.
This
Ordinance shall be in full force and effect from and after its passage and
publication as required by law.