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AN ORDINANCE DEFINING THE CRIME OF CRIMINAL MISCHIEF IN THE
FIFTH DEGREE AS A SIMPLE MISDEMEANOR, AND PROVIDING THE
PUNISHMENT THEREFOR.
BE IT ORDAINED by the Council of the City of Waukee:
§613.1 Criminal Mischief. It is unlawful for any person to commit criminal
mischief. A person commits criminal mischief for purposes of this chapter when a
person who has no right to act, intentionally damages, defaces, alters or destroys tangible
property and none of the following apply:
November 7, 2005 – Ordinance 2553
A. The cost of replacing, repairing, or restoring the property so damaged,
altered, or destroyed exceeds two hundred dollars ($200.00).
November 7, 2005 – Ordinance 2553
B. The acts are intended to or do in fact cause a substantial interruption or
impairment of service rendered to the public by a gas, electric, steam or
waterworks corporation, telephone or telegraph corporation, common
carrier, or a public utility operated by a municipality.
C. The property is a deed, will, commercial paper or any civil or criminal
process or other instrument having legal effect, or if the act consists of
rendering substantially less effective than before any light, signal
obstruction, barricade, or guard which has been placed or erected for the
purpose of enclosing any unsafe or dangerous place or of alerting persons
to an unsafe or dangerous condition.
D. A personal intentionally disinters human remains from a burial site
without lawful authority.
E. A person intentionally disinters human remains that have state and
national significance from an historical or scientific standpoint for the
inspiration and benefit of the United States without the permission of the
state archaeologist.
F. The act constitutes a hate crime as defined by §729A.2, Code of Iowa.
§613.2 Multiple Acts. Whenever criminal mischief is committed upon
more than one item of property at approximately the same location or time period, so that
all of these acts of mischief can be attributed to a single scheme, plan or conspiracy, such
acts shall be considered as a single act of criminal mischief.
§613.3 Penalty. Any violation of the provisions of this chapter shall be
considered a simple misdemeanor as provided in Chapter 620 of this Code.
November 7, 2005 – Ordinance 2553
2
§613.4 Repealer. All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
§613.5 Severability Clause. If any section, provision or part of this
ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect
the validity of the ordinance as a whole or any section, provision, or part thereof not
adjudged invalid or unconstitutional.
§613.6 Effective Date. This ordinance shall be in effect upon its final
passage, approval and publication as provided by law.
May 17, 1999 – Ordinance No. 2289