HomeMy WebLinkAbout1999-03-01-Regular MinutesThe March 1,1999 Waukee City Council meeting was called to order at 7:02 p.m.by
Mayor Donald L.Bailey.
Roll Call.The Mayor asked for a roll call vote and the following Council Members were
present:Nick Gruber,Marvin Berger,Mayor Donald Bailey,Robyn Heath,Bill Peard
and Larry Lyon.Absent:None.
Open Forum.Jay Oxenford,asked Council about a street lighting plans and FY
199912000 Budget.
Agenda Additions -Agenda Approval.Motion by Councilman Berger,second by
Councilman Lyon,to approve the agenda with the deletion of item #16 and #19.The
Mayor asked for a roll call vote:Ayes:Berger,Lyon,Heath,Gruber and Peard.Nays:
None.Motion carried 5 to O.
Consent Agenda.Motion by Councilman Gruber,second by Councilman Lyon,to approve
the consent agenda.Approval Council Minutes 2/19/99,2/20/99 and 2/22/99;Approval of
Bills and Pay Roll.The Mayor asked for a roll call vote:Ayes:Gruber,Heath,Peard,Lyon,
and Berger.Nays:None.Motion carried 5 to O.
3/03/1999 Claims Register Report
ABBOTT,JUSTIN
AMERICAN PLANNING ASSOCI
APPLE VIDEO PRODUCTIONS
BANKERS TRUST COMPANY
BATTERY PRODUCTS
BREUER,GREGORY A.
BRIMEYER GROUP INC,THE
BUDGET STORAGE RENTAL
COMPUSA
COMPUTER MANAGEMENT
CORRELL CONTRACTOR INC
CREATIVE PRINTERS INC
CT FARM &COUNTRY
DAGGETT,WILLIAM J
DES MOINES WATER WORKS
DESIGN ALLIANCE INC
DEZEEUW,DAVID S.
DM REGISTER
EFTPS
EVANS,ROBERT G.
FESLERS INC
FETTERMAN,GREGORY S.
FLATER,PATRICK J.
FORD,ELIZABETH A.
GIBSON,JOHN R.
GOLDEN CIRCLE MUNICIPAL
GREG FETTERMAN
HERRICK,ROBERT D.
HORKEY,ROBIN R.
IA ASSOCIATION OF
172.05
55.00
23.15
38,072.16
75.78
1,088.26
5,000.00
77.00
62.00
325.91
86,211.93
39.00
5.98
906.35
10,047.87
3,000.00
981.60
93.50
8,260.31
1,020.70
30,100.00
953.45
711.69
739.80
1,097.63
25.00
20.15
933.06
909.77
25.00
010
060
322
323
324
510
520
522
523
540
570
IA METHODIST MEDICAl CTR
IA ONE CAlL
INGRAM LIBRARY SERVICES
IPERS
IPERS -POLICE
J.P.Cooke Company
JERICO SERVICES INC
JONES,HARRY N.
KELLER,CHRISTOPHER M.
LAW ENFORCEMENT SYSTEMS
LESTINA,TONI L.
MACK,LINDA M.
MADISON NATIONAL LIFE
MID AMERICAN ENERGY
MOSS BROTHERS INC.
NEWMAN TRAFFIC SIGNS
OFFICE DEPOT INC
OMB POLICE SUPPLY
PERKINS,LELAND E.
PHILLIPS,LARRY J.
POPP,SHAWN DAVID
PRAXAIR
REGION V PLANNING COMMIT
RICE LAKE CONTRACTING CO
ROYER,TIMOTHY L.
RYAN,LAWRENCE W.
STOREY-KENWORTHY COMPANY
TIMOTHY ROYER
TOFTELAND,JOY E.
TREASURER,STATE OF IOWA
TRIPLETT OFF ESSENTIALS
US POSTAL SERVICE
US WEST COMMUNICATIONS
VAN WERT INC
VAN ZEE,DIANNA
VANZEE,DIANNA L.
VEENSTRA &KIMM INC
VISA
WELLM.BLUE CROSS/BLUE S
WHITE,DANNY L.
WILLIAMS,VALERIE J.
WILSON,CHARLENE G.
WINTERS,TROY
WINTERS,TROY S.
GENERAL FUND
ROAD USE TAX FUND
WARNING SIRENS PROJECT FUND
ASHWORTH DRIVE PAVING CONST
HIGHWAY 6 IDOT PROJECT
WATER UTILITY FUND
SEWER UTILITY FUND
WASTE WATER TREATMENT PL CONSTR
E AREA PUMP STA TREATMENT PLANT
GAS UTILITY FUND
UTILITY BILL FUND
****
66.00
46.05
123.07
1,882.80
1,412.07
89.95
550.00
315.05
437.43
256.00
604.09
828.69
944.57
6,790.18
3.75
475.00
202.57
55.90
287.50
1,257.28
1,123.13
13.02
25.00
105,951.96
1,040.08
1,217.94
232.89
100.00
1,231.29
1,292.02
100.64
368.20
381.42
1,429.65
75.00
512.32
10,023.36
887.23
13,494.88
771.11
235.52
1,279.01
43.47
741.33
)
l)
)
)
)
54,148.57
3,837.60
30,100.00
87,791.73
1,375.00
37,592.06
16,683.94
108,425.72
2,053.20
5,792.81
3,827.54
351,628.17
)
)
Motion to Forgive Sewer Bill.Motion by Councilman Gruber,second by Councilman
Lyon,to forgive the sewer fee except for a twelve-month average ($5.16)plus a penalty
of $17.26.The Mayor asked for a roll call vote:Ayes:Gruber,Lyon,Peard,Berger and
Heath.Nays.None.Motion carried 5 to O.
Appointment of Economic Development Team.Motion by Councilman Gruber,second
by Councilman Lyon,appoint the City Administrator,Jeff Downing,Dan McGowan,Dr.
Stalker,and Linda Pound to the City's Economic Development Team;appoint
Councilmen Larry Lyon and Nick Gruber Liaisons to the Economic Development Team;
and appoint Deb Calvert and Linda Schaut advisors to the Economic Development Team.
The Mayor asked for a roll call vote:Ayes:Gruber,Lyon,Peard,Berger and Heath.
Nays:None.Motion carried 5 to O.
Public Hearing -Loan Agreement between the City of Waukee,Iowa and Ruan
Securities.These Resolutions enter the City into three Loan Agreements with Ruan
Securities.The Agreements include the following projects:
•University Avenue Tnmk Sewer
•1997 Street Improvements and Cherry Street Improvements Projects
•Highway 6 DOT Project
•Eastern Area Pump Station
•Ashworth Drive Improvements
•Fire Truck
•Warning Sirens
•5-Way Intersection
Resolution 99-23 University Trunk Sewer Notes.Motion by Councilman Gruber,second
by Councilman Berger,to adopt Resolution 99-23 Authorizing and approving a Loan
Agreement and providing for the issuance of $289,000 Special Assessment Sewer
Improvement Notes.The Mayor asked for a roll call vote:Ayes:Gruber,Berger,Heath,
Peard and Lyon.Nays:None.Motion carried 5 to 0.
Resolution 99-24 1997 Street Improvement and Cherry Street Improvements Notes.
Motion by Councilman Peard,second by Councilwoman Heath,to approve Resolution 99-24
Authorizing and approving a Loan Agreement and providing for the issuance of $1 0 1,000
Special Assessment Street Improvement Notes.The Mayor asked for a roll call vote:Ayes:
Peard,Heath,Lyon,Berger,and Gruber.Nays:None.Motion carried 5 to O.
Resolution 99-25 G.O.Bonds.Motion by Councilman Berger,second by Councilwoman
Heath,to approve Resolution 99-25 Authorizing and approving a Loan Agreement and
providing for the issuance of$2,370,000 General Obligation Corporate Purpose Notes and
providing for the levy of taxes to pay the same.The Mayor asked for a roll call vote:Ayes:
Berger,Heath,Gruber,Lyon and Peard.Nays:None.Motion carried 5 to O.
Resolution 99-26.Pay Estimate No.9 Wastewater Treatment Facility Improvements
State Revolving Fund Project.Motion by Councilman Gruber,second by Councilman
Peard to approve Resolution 99-26 approving partial pay estimate No.9 for the wastewater
treatment facility improvements state revolving fund project No.CSl92115 01,in the
amount of$105,951.96.The Mayor asked for a roll call vote:Ayes:Berger,Heath,Gruber,
Lyon and Peard.Nays:None.Motion carried 5 to O.\
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Resolution 99-27.Pay Estimate No.I Ashworth Drive Pavement Improvements.Motion
by Councilman Gruber,second by Councilman Peard to approve Resolution 99-27
Resolution 99-27 approving partial pay estimate no.1 for the Ashworth Drive pavement
improvements in the amount of$86,211.93.The Mayor asked for a roll call vote:Ayes:
Gruber,Peard,,Heath,Gruber,Lyon and Peard.Nays:None.Motion carried 5 to O.
Ordinance 2267 -Downing Rezoning for Enterprise Park Plat Il,2nd &3rd Reading.
Motion by Councilman Peard,second by Councilman Lyon to have the City Clerk read
Ordinance for 2nd time in title only.The Mayor asked for a roll call vote:Ayes:Peard,Lyon,
Heath,Berger,and Gruber.Nays:None.Motion carried 5 to O.
Motion by Councilman Peard,second by Councilman Lyon to waive the 3rd reading and
place,"AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE,
ZONING ORDINANCE OF THE CITY OF WAUKEE,lOW A,BY RE-ZONING AND
CHANGING CERTAIN PROPERTY THEREIN FROM A-I (AGRICULTURAL
DISTRICT)TO M-IA (LIGHT INDUSTRIAL DISTRICT)AND AMENDING THE
OFFICIAL ZONING MAP TO SHOW RE-ZONING"on final passage.The Mayor asked
for a roll call vote:Ayes:Peard,Lyon,Heath,Berger,and Gruber.Nays:None.Motion
carried 5 to O.
ORDINANCE 2267
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AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL
CODE,ZONING ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY RE-
ZONING AND CHANGING CERTAIN PROPERTY THEREIN FROM A-I
(AGRICULTURAL DISTRICT)TO M-IA (LIGHT INDUSTRIAL DISTRICT)
AND AMENDING THE OFFICIAL ZONING MAP TO SHOW RE-ZONING.
BE IT ORDAINED by the Council of the City of Waukee:
Section 1.Section 301.4 of Chapter 301,Waukee Municipal Code,Zoning
Ordinance of the City,adopting the Official Zoning Map,is hereby amended by
changing the following described real estate from A-I (AGRICULTURAL
DISTRICT)TO M-IA (LIGHT INDUSTRIAL DISTRICT),and that the OffIcial
Zoning Map be made to reflect such amendment:
A PARCEL OF LAND IN THE SOUTHWEST QUARTER OF SECTION 27,
TOWNSHIP 79 NORTH,RANGE 26,WEST OF THE FIFTH PRINCIPAL
MERIDIAN,CITY OF WAUKEE,DALLAS COUNTY,lOW A DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 27,SAID CORNER ALSO BEING
THE SOUTHWEST CORNER OF ENTERPillSE BUSINESS PARK PLAT I,AN OFFICIAL PLAT IN THE
CITY OF WAUKEE.
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THENCE NORTH 90°00'00"EAST,564.25 FEET ALONG TIIE SOUTH LINE OF SAID SECTION 27
AND THE sotrrn LINE OF SAID ENTERPRISE BUSINESS PARK PLAT I;
THENCE NORTH 00°00'00"EAST,539.00 FEET ALONG THE EAST LINE OF SAID ENTERPRISE
BUSINESS PARK PLAT 1;
THENCE NORTH 90°00'00"EAST,90.77 FEET ALONG THE EAST LINE OF SAID ENTERPRISE
BUSINESS P ARKPLAT 1~
THENCE NORTH 00°00'00"EAST,50.00 FEET ALONG TIm EAST LINE OF SAlD ENTERPRISE
BUSINESS PARK PLAT 1 TO THE POINT OF BEGINNING;
THENCE NORTH 00°00'00"EAST,583.52 FEET ALONG THE EAST LINE OF SAl ENTERPRISE
BUSINESS PARK PLAT 1;
THENCE NORTH 90°00'00"WEST,5.15 FEET ALONG THE EAST LINE OF SAID ENTERPRISE
BUSINESS PARK PLAT 1;
THENCE NORTH 00°00'00"EAST 50.00 FEET ALONG THE EAST LINE OF SAID ENTERPRISE
BUSINESS PARK PLAT I;
THENCE NORTH 90°00'00"EAST,133.56 FEET;
THENCE SOUTHEASTERLY,87.77 FEET ALONG THE ARC OF A CURVE CONCAVE
SOUTHWESTERLY WITH A CENTRAL ANGLE OF 31 °13'58",A RADIUS OF 150.00 FEET,AND A
CHORD THAT BEARS SOUTH74°23'OI"EAST,80.76 FEET;
THENCE SOUTH 58°46'02"EAST,502.9 FEET;
THENCH SOUTHEASTERLY,153.85 FEET ALONG THE ARC OF A CURVE CONCAVE
SOUTHWESTERLY WITH A CENTRAL ANGLE OF 58°46'02",A RADIUS OF 150.00 FEET AND A
CHORD THAT BEARS SOUTH 29"23'0 I"EAST,147.20 FEET;
THENCE SOUTH 00°00'00"EAST,222.92 FEET;
THENCE SOUTH 90°00'00"WEST,708.17 FEET TO THE POINT OF BEGINNING CONTAINING 8.26
ACRES MORE OR LESS.
Section 2.Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
Section 3.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.
Section 4.Effective Date.This ordinance shall be in effect upon its final
passage,approval and publication as provided by law.
Passed by the City Council of the City of Waukee,Iowa,this 1"day of March,1999,and
approved this 1"day of March,1999.
By:Donald L.Bailey,Jr.,Mayor
Attested:Gregory S.Fetterman,City Clerk
Ordinance 2268 -Traffic Code 501 an Update of the Cu rr ent Statute.Motion by
Councilman Gruber,second by Councilman Lyon to have the City Clerk read Ordinance for
1st time in title only.The Mayor asked for a roll call vote:Ayes:Gruber,Lyon,Peard,
Berger,and Heath.Nays:None.Motion carried 5 to O.
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)Motion by Councilwoman Heath,second by Councilman Gruber to waive the 2nd and 3rd
reading and place an Ordinance to replace the Traffic Code Section 501 with an updated
version on final passage.The Mayor asked for a roll call vote:Ayes:Heath,Gruber,Berger,
Lyon,and Peard.Nays:None.Motion carried 5 to O.
ORDINANCE 2268
AN ORDINANCE TO AMEND CHAPTER 501,WAUKEE MUNICIPAL CODE,
BY DELETING CHAPTER 501 IN ITS ENTIRETY AND INSERTING IN LIEU
THEREOF REVISED CHAPTER 501 REGULATION OF TRAFFIC UPON AND
USE OF THE STREETS OF WAUKEE,IOWA,AND PROVIDING PENALTIES.
BE IT ORDAINED by the Council of the City of Waukee:
Section 1.Chapter 501,Waukee Municipal Code,is hereby deleted in its
entirety,and the following is placed in lieu thereof:
REGULATION OF TRAFFIC UPON AND USE OF THE STREETS OF WAUKEE,
IOWA,AND PROVIDING PENALTIES
501.1 Purpose.The purpose of this ordinance is to regulate traffic upon the use of the
streets of Waukee,Iowa,and to provide for the enforcement of these regulations.
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501.2 Short Title.This ordinance may be known and cited as "Traffic Code".
501.3 Definitions.Please see Chapter 321.1 Code ofIowa as amended.
501.4 Traffic Accident Studies.Whenever the accidents at any particular location
become numerous,the police department shall conduct studies of such accidents and
propose remedial measures.
501.5 Traffic Accident Reports.The driver of a vehicle involved in an accident within
the limits of this city shall file a report as and when required by the Iowa Department of
Public Safety.Subject to the provisions of Section 321.271 ofthe Code ofIowa.The
police department shall maintain a suitable system of filing traffic accident reports.
Accident reports or cards referring to them shall be filed alphabetically by case number.
501.6 Investigation of Accidents Reported.The police department shall investigate all
accidents reported.If sufficient evidence of a violation if found,proper action will be
taken to punish the violator.
501.7 Police Department to Submit Annual Safety Reports.The police department shall
prepare annually a traffic report which shall be filed with the mayor.Such report shall \
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contain information on traffic matters in this city concerning the number of traffic
accidents,the number of persons killed and injured,the number and nature of violations,
and other pertinent traffic data including the plans and recommendation for future traffic
safety activities.
Enforcement and Obedience to Traffic Regulations
501.8 Authority of Police and Fire Department Officials.Provisions of this ordinance
and the Iowa law relating to motor vehicles and law of the road shall be enforced by the
officers of the police department.
The officers of the police department are hereby authorized to direct all traffic by voice,
hand or signal in conformance with traffic laws.In the event of a fire or other
emergency,officers of the police department may direct traffic as conditions require
notwithstanding the provisions of the traffic laws.
Officers of the fire department,when at the scene of a fire,may direct or assist the police
in directing traffic thereat or in the immediate vicinity.
501.9 Required Obedience to Provisions of this Ordinance and State Law.Any person
who shall willfully fail or refuse to comply with any lawful order of a police officer,or
direction of a fire department officer during a fire,or who shall fail to abide by the
provisions of this ordinance and the applicable provisions of the following Iowa statutory
laws relating to motor vehicles and the statutory law of the road is in violation of this
ordinance.These sections of the Code of Iowa are:
A.321.17,321.32,321.98,321.174,321.174A,321.180,321.180B,321.190,
321.193,321.194321.216 and 321.218 through 321.224 -display of registration and
license to drive.
B.321.229 through 321.234 --obedience to a peace officer and responsibility of
public officers,emergency vehicles and bicycles to obey traffic regulations.
C.321.256 through 321.260 --traffic signs,signals and markings.
D.321.261 through 321.271 --accidents and accident reporting.
E.321.275 --operation of motorcycles.
F.321.277,321.277A,321.278,321.284,321.285,321.288,321.290,321.293,
321.294,and 321295 --reckless driving,drag racing,speed,control of vehicle and
minimum speed.
(1)Notwithstanding the foregoing provisions,the speed limit of University
Avenue for westbound traffic from the east City limits to a point 1600 feet west of the
east City limits is 45 miles per hour and the speed limit on University Avenue for
westbound traffic a point 1600 feet west of the east City limits west to the east line of
Ashworth Drive at its intersection with University Avenue is 45 miles per hour.
(2)The speed limit on Ashworth Drive between the east line of Warrior Lane
and the north line of University Avenue is 35 mph.
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(3)The speed limit on Boone Drive from a distance of 1875 feet north of the
centerline of University Avenue to the north line of University Avenue in the City of
Waukee,Iowa is 35 miles per hour.
(4)Notwithstanding the foregoing provisions,the speed limit on Warrior Lane
between the south line of Sunrise Drive,extended,and the north of Ashworth Drive,in
tbe City of Waukee is 35 miles per hour.
(5)Notwithstanding the foregoing provisions,the speed limit on the west half
of Alice's Road,also known as R-30,from the northern city limits to a point one mile
North of Hickman Road is 35 miles per hour.
(6)On the following-described streets,the maximum speed limit with the
variable display speed Iimit signs and beacons in operation shall be 25 mph.The
maximum speed limit with variable display speed limit signs and beacons not activated
shall be 35 mph.The hours of operation shall be established by the Waukee Police
Department.)
)
)On Ashworth Drive from 75 feet east of the middle of its intersection with
Warrior Lane to 245 feet north of the middle of its intersection with University
G.321G.3,321G.5,321G.6,321G.9,321G.lO,32lG.ll,321G.12,321G.13,
321G.17,321G.20,and 321G.25 -Snowmobiles and all-terrain vehicles.
H.321.297 through 321.310 -driving on right,meeting,overtaking,following or
towing.
1.321 .311 through 321.3 18 -turning and starting,signals on turning and stopping.
J.321.319 through 321.324 -right of way.
K.321.325 through 321.334 and 321.340 -pedestrian rights and duties and safety
zones.
L.321.241 through 321.344 -railroad crossings.
M.321.353 through 321.360 -stop at sidewalks,stopping,standing and parking.
N.321.362 through 321.371 -unattended vehicle,obstructing driver's view,crossing
median,following fire apparatus,or crossing fire hose,and putting glass,etc.,on )
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streets.
O.321.3 72 -school Busses.
P.321.381,321.382,and 321.383 -safety standards.
Q 321.384 through 321.409,321.415,321.417 through 321.423 --lighting
equipment required and time of use.
R.321.430 through 321.434;321.436 through 321.443;321.445,and 321.446
through 321.450 -brakes,horns,sirens,mufflers,wipers,mirrors,tires,transporting
explosives.
S.321.452 through 321.463,321.465 and 321.466 --size,weight and load.
T.Clinging to Vehicles.No person shall drive a motor vehicle on the streets of this
city unless all passengers of said vehicle are inside said vehicle in the place intended for
their accommodation.No person shall ride on the running board of a motor vehicle or in
any other place not customarily used for carrying passengers.No person riding upon any
bicycle,coaster,roller skates,sled,skis,skateboard or toy vehicle shall attach the same or
himself to any vehicle upon a roadway.This section shall not apply to emergency
vehicles.
And said sections of the Code of Iowa incorporated by reference herein may be referred
to and cited as sections of the Waukee Municipal Code as follows:
Display of registration an license to drive
§501.9AI7
§501.9A21
§501.9A98
§501.9AI74
321.17
321.32
321.98
321.174
§501.9A174A 321.174A
§501.9AI80 321.180
§501.9AI80B 321.180B
§501.9AI90
§501.9AI93
§501.9AI94
§501.9A216
§501.9A218
§501.9A219
§501.9A220
321.190
321.193
321.194
321/216
321.218
321.219
321.220
Misdemeanor to violate registration provisions.
Registration card carried and exhibited.
Operation without registration.
Operator's licensed -operation of commercial
motor vehicles.
Operation of motor vehicle with expired license.
Instruction permits
Graduated driver's licenses for persons aged fourteen
through seventeen.
Fees for motor vehicle licenses.
Restrictions on licenses -penalty.
Special minors'licenses.
Unlawful use of license or nonoperator's identification
card.
Operation without valid motor vehicle
license or when disqualified -penalties.
Permitting unauthorized minor to drive.
Permitting unauthorized person to drive.
§501.9A22l
§501.9A222
§501.9A223
§501.9A224 321.224
321.221
321.222
321.223
Employing unlicensed chauffeur.
Renting motor vehicle to another.
Motor vehicle license inspection for motor
vehicle rental.
Record kept.
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Obedience to a peace officer and responsibility of public officers,emergency vehicles
and bicycles to obey traffic regulations.
§501.9B229
§501.9B230
§501.9B231
§501.9B231
§501.9B233
§501.9B234
321.229
321.230
321.231
321.232
321.233
321.234
Obedience to peace officers.
Public officers not exempt.
Authorized emergency vehicles.
Radar jamming devices -penalty.
Road workers exempted.
Bicycles,animals,or animal drawn vehicles.
Traffic signs,signals and marking.
§501.9C256
§501.9C257
§501.9C258
§591.9C259
§501.9C260
321.256
321.257
321.258
321.259
321.260
Obedience to official traffic-control devices.
Supplemental reports.
Arrangement of lights on official traffic control
signals.
Unauthorized signs,signals,or markings.
Interference with devices,signs,or signals
unlawful possession.
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Accidents and accident reporting.
§501.9D26l
§501.9D262
§501.9D263
§501.9D264
§501.9D265
§501.9D266
§501.9D267
§501.9D268
§501.9D269
§501.9D270
§501.9D27l
321.261
321.262
321.263
321.264
321.265
321.266
321.267
321.268
321.269
321.270
321.271
Operation of motorcycles.
§501.9E275 321.275
Death or personal injuries.
Damage to vehicle.
Information and aid -leaving scene
of accident.
Striking unattending vehicle.
Striking fixtures upon a highway.
Reporting accidents.
Supplemental reports.
Driver unable to report.
Accident report forms.
Reports confidential-without
prejudice -exceptions.
Operation of motorcycles and motorized
bicycles.)
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Reckless driving,drag racing,speed,control of vehicle and minimum speed.
§501.9F277 321.277
§501.9F277A 321277A
§501.9F278 321.278
§501.9F284 321.284
§501.9F285 321.285
§501.9F288 321.288
§501.9F290 321.290
§501.9F293 321.293
§501.9F294 321.294
§501.9F295 321.295
§501.9F(9)
Reckless driving.
Careless driving.
Drag racing prohibited.
Open containers in motor vehicles.
Speed restrictions.
Control of vehicle -reduced speed.
Speed restrictions.
Local authorities may alter limits.
Minimum speed regulation.
Limitation on bridge or elevated structure.
(1)Notwithstanding the foregoing provisions,the speed limit on University
Avenue for westbound traffic from the east City limits to a point 1600 feet west of the
east City limits is 55 miles per hour and the speed limit on University Avenue from
westbound traffic from a point 1600 feet west of the east City limits west of the west line
of Ashworth Drive at its intersection with University Avenue is 45 miles per hour.
(2)The speed limit on Ashworth Drive between the east line of Warrior Lane
and the north line of University Avenue is 35 mph.
(3)The speed limit on Boone Drive from a distance of 1875 feet north of the
centerline of University Avenue to the north line of University Avenue in the City of
Waukee,Iowa is 35 miles per hour.
(4)Notwithstanding the foregoing provisions,the speed limit on Warrior Lane
between the south line of Sunrise Drive,extended,and the north of Ashworth Drive,in
the City of Waukee is 35 miles per hour.
(5)Notwithstanding the foregoing provisions,the speed limit on the west half
of Alice's Road,also known as R-30,from the northern city limits to a point one mile
north of Hickman Road (Highway 6)is 35 miles per hour.
(6)The maximum speed limit with the variable display speed limit signs and
beacons in operation shall be 25 mph.The maximum speed limit with variable display
speed limit signs and beacons not activated shall be 35 mph.The hours of operation
shall be established by the Waukee Police Department.
On Ashworth Drive from 75 feet east of the middle of its intersection with
Warrior Lane to 245 feet north of the middle of its intersection with University
Snowmobiles and all-terrain vehicles.
§501.9G3 3210.3 Registration and numbering required.)§501.9G5 3210.5 Display of identification numbers.l§501.9G6 321G.6 Registration -renewel -transfer )§501.9G9 3210.9 Operation on roadways and highways
§501.9GlO 321010 Accident reports.
§501.9G11 3210.11 Mufflers required.
§501.9G12 3210.12 Head lamp -tail lamp -brakes
§501.9G13 3210.13 Unlawful operation
§501.9Gl7 3210.17 Violation of "stop"signal.
§501.9G20 3210.20 Minors under twelve.
§501.9G25 3210.25 Stopping and inspecting -warnings.
Driving on right,meeting,overtaking,following or towing.
§501.9H297 321.297 Driving on right-hand side of roadway
exceptions.
§501.9H298 321.298 Meeting and turning to right.
§501.9H299 321.299 Overtaking a vehicle.
§501.9H300 321.300 Failure to recognize signal.
§501.9H301 321.301 Burden of proof
§501.9H302 321.302 Overtaking on the right.
§501.9H303 321.303 Limitations on overtaking on the left.
§501.9H304 321.304 Prohibited passing.
r§501.9H305 321.305 One-way roadways and rotary traffic
islands.)§501.9H306 321.306 Roadways laned for traffic.
§501.9H307 321.307 Following too closely.
§501.9H308 321.308 Motor trucks and towed vehicles
distance requirements.
§501.9H309 321.309 Towing -convoys -drawbars.
§501.9H31O 321.310 Towing four-wheeled trailers.
Turning and starting,signals on turning and stopping.
§501.9I311 321.311 Turning at intersection.
§501.9I312 321.312 Turning on curve or crest of grade.
§501.9I313 321.313 Starting parked vehicle.
§501.9I3l4 321.314 When signal required.
§501.9I315 321.315 Signal continuous.
§501.9I316 321.316 Stopping.
§501.9I317 321.317 Signals by hand and arm or signal device.
§501.9I318 321.318 Method of giving hand and arm signals.
Right of Way.
§501.9J319 321.319 Entering intersections from different )
)
§501.91320
§501.91321
§501.91322
§501.91323
§501.91324
321.320
321.321
321.322
321.323
321.324
highways.
Left turns -yielding.
Entering through highways.
Vehicles entering stop or yield intersections.
Moving vehicle backward on highway.
Operating on approach of emergency vehicles.
Pedestrian rights and duties and safety zones.
§501.9K325
§501.9K326
§501.9K327
§501.9K328
§501.9K329
§501.9K330
§501.9K33l
§501.9K332
§501.9K333
§501.9K334
§501.9K340
321.325
321.326
321.327
321.328
321.329
321.330
321.331
321.332
321.333
321.334
321.340
Railroad crossings.
§501.9L341
§501.9L342
§501.9L343
§501.9L344
321.341
321.342
321.343
321.344
Pedestrians subject to signals.
Pedestrians on left.
Pedestrians'right of way.
Crossing at other than crosswalk.
Duty of driver -pedestrian crossing
or working on highways.
Use of crosswalk.
Pedestrians soliciting rides.
White canes restricted to blind persons.
Duty of drivers.
Penalties.
Driving through safety zone.
Obedience to signal oftrain.
Stop at certain railroad crossings -posting warning.
Certain vehicles must stop.
Heavy equipment at crossing.
Stop at sidewalks,stopping,standing and parking.
§501.9M353 321.353
§501.9M354 321.354
§501.9M355 321.355
§501.9M356 321.356
§501.9M357 321.357
§501.9M358 321.358
§501.9M359 321.359
§501.9M360 321.360
Stop before crossing sidewalk -right of way.
Stopping on traveled way.
Disabled vehicle.
Officers authorized to remove.
Removed from bridge.
Stopping,standing or parking.
Moving other vehicle.
Theaters,hotels and auditoriums.
Unattended vehicle,obstructing driver's view,crossing median,following fire apparatus,
or crossing fire hose,and putting glass,etc.,on streets.
§501.9N362 321.362
§501.9N363 321.363
§501.9N364 321.364
Unattended Motor Vehicle.
Obstruction to driver's view.
Preventing contamination offood by
hazardous material.)§501.9N365 321.365 Coasting prohibited.I§501.9N366 321.366 Acts prohibited on fully controlled -)access facilities.
.§501.9N367 321.367 Following fire apparatus .
§501.9N368 321.368 Crossing fire hose.
§501.9N369 321.369 Putting debris on highway.
§501.9N370 321.370 Removing injurious material.
§501.9N371 321.371 Clearing up wrecks.
School Buses.
§501.90371 321.372 Discharging pupils -regulations.
Safety standards.
§501.9P381 321.381 Movement of unsafe or improperly equipped vehicles.
§501.9P382 321.382 Upgrade pulls -minimum speed
§501.9P383 321.383 Exceptions -slow vehicles identified.
Equipment required and time of use.
§501.9Q384 321.384 When lighted lamps required.)§501.9Q385 321.385 Head lamps on motor vehicles.)§501.9Q386 321.386 Citation for unlighted headlamp or )rear lamp.
§501.9Q387 321.387 Rear lamps.
§501.9Q388 321.388 Illuminating plates.
§501.9Q389 321.389 Reflector requirement.
§501.9Q390 321.390 Reflector requirements.
§501.9Q391 321.391 Approval of reflectors.
§501.9Q392 321.392 Clearance and identification lights.
§501.9Q393 321.393 Color and mounting.
§501.9Q394 321.394 Lamps or flag on projecting load.
§501.9Q395 321.395 Lamps on parked vehicles.
§501.9Q396 321.396 Exception.
§501.9Q397 321.397 Lampson bicycles.
§501.9Q398 321.398 Lamps on other vehicles and equipment.
§501.9Q402 321.402 Spot lamps.
§501.9Q403 321.403 Auxiliary driving lamps.
§501.9Q404 321.404 Signal lamps and signal devices.
§501.9Q405 321.405 Self-illumination.
§501.9Q406 321.406 Cowl lamps.
§501.9Q407 321.407 Courtesy lamps.
§501.9Q408 321.408 Back-up lamps.)§501.9Q409 321.409 Mandatory lighting equipment.I
)
§501.9Q415
§501.9Q417
§501.9Q418
§501.9Q419
§501.9Q420
§501.9Q421
§501.9Q422
§501.9Q423
321.415
321.417
321.418
321.419
321.420
321.421
321.422
321.423
Required usage of lighting services.
Single-beam road-lighting equipment.
Alternate road-lighting equipment.
Number of driving lamps required or permitted.
Number oflamps lighted.
Special restrictions on lamps.
Red light in front.
Flashing lights.
Brakes,horns,sirens,mufflers,wipers,mirrors,tires,transporting explosives.
§501.9R430
§501.9R431
§501.9R432
§501.9R433
§501.9R434
§501.9R436
§501.9R437
§501.9R438
§501.9R439
§501.9R440
§501.9R441
§501.9R442
§501.9R443
§501.9R445
§501.9R446
§501.9R447
§501.9R448
§501.9R449
§501.9R450
321.430
321.431
321.432
321.433
321.434
321.436
321.437
321.438
321.439
321.440
321.441
321.442
321.443
321.445
321.446
321.447
321.448
321.449
321.450
Size,weight and load.
§501.9S452
§501.9S453
§501.9S454
§501.9S455
§501.9S456
§501.9S457
§501.9S458
§501.9S459
§501.9S460
§501.9S462
§501.9S463
§501.9S465
321.452
321.453
321.454
321.455
321.456
321.457
321.458
321.459
321.460
321.462
321.463
321.465
Brake,hitch and control requirements.
Performance ability.
Horns and warning devices.
Sirens and bell prohibited.
Bicycles sires or whistles.
Mufflers,prevention of noise.
Mirrors.
Windshields and windows.
Windshield wipers.
Restrictions as to tire equipment.
Metal tires prohibited.
Proj ections on wheels.
Exceptions.
Safety belts and safety harnesses -use required.
Child restraint devices.
Trucks to carry flares and reflective devices.
Display of flares or reflective devices.
Motor carrier safety rules
Hazardous material transportation
regulations.
Scope and effect.
Exceptions.
Width of vehicles.
Proj ecting loads on passenger vehicles.
Height of vehicles -permits.
Maximum length.
Loading beyond front.
Dual axle requirement.
Spilling loads on highways.
Drawbars and safety chains.
Maximum gross weight -exceptions -penalties.
Weighing vehicles and removal of excess.
§501.9S466 321.466 Increased loading capacity -re-registration.)
)
)T.Clinging to Vehicles.No person shall drive a motor vehicle on the streets of this
cityunless all passengers of said vehicle are inside said vehicle in the place intended for
their accommodation.No person shall ride on the running board of a motor vehicle or in
any other place not customarily used for carrying passengers.No person riding upon any
bicycle,coaster,roller skates,sled,skis,skateboard or toy vehicle upon a roadway.This
section shall not apply to emergency vehicles.
[October 19,1998 -2258]
TURNING MOVEMENTS
501.10 Turning Markers,Buttons and Signs.The police department may cause markers,
buttons or signs to be placed within or adjacent to intersections,and thereby require and
direct,as traffic conditions require,that a different course from that specified by the state
law be traveled by vehicles turning at intersections,and when markers,buttons or signs
are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as
directed and required by such markers,buttons or signs,including right-hand turns at
intersections with automatic traffic signals.
501.11 Authority to Place Restricted Turn Signs.The police department is hereby
authorized to determine those intersections,as traffic conditions require,at which the
drivers of vehicles shall not make a right or left turn.The making of such turns may be
prohibited between certain hours of any day,in which event the same shall be plainly
indicated on signs.
)
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501.12 Obedience to No-turn Signs.Whenever authorized signs are erected indicating
that no right or left turn is permitted,no driver of a vehicle shall disobey the direction of
any such sign.
One-Way Streets and Alleys
501.13.Authority to Designate One-Way Streets and Alleys.Whenever any traffic
ordinance of this city designates anyone-way street or alley,the police department shall
place and maintain signs giving notice thereof,and no such regulation shall be effective
unless such signs are in place.Signs indicating the direction of traffic movement shall be
placed at every intersection where movement of traffic in the opposite direction is
prohibited.It shall be unlawful for any person to operate any vehicle in violation of such
markings,signs,barriers or other devices so placed in accordance with this section.
A The following streets are hereby designated as one-way streets:
(I)Park Road,eastbound only.
(2)Fourth Street,southbound only from the south line of Locust Street to the
North line of North view Drive,from 7:30 AM.to 4:30 P.M.,Monday through Friday
during the school year.
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(3)Cherry Street,eastbound only from the east line of Sixth Street to the east
line of Fifth Street,from 7:30 A.M.to 4:30 P.M.,Monday through Friday during the
school year.
(4)Fifth Street,northbound only from the south line of Cherry Street to the
south line of Locust Street,from 7:30 A.M.to 4:30 P.M.,Monday through Friday during
the school year.
[August 1,1994 -2185]
501.14.Authority to Restrict Movement or Direction of movement on Streets
During Certain Periods.The police department is hereby authorized to determine and
recommend to the council certain streets,or specified lanes thereon upon which vehicular
traffic shall proceed in one direction during one period and the opposite direction during
another period of the day or on which movement may be prohibited during certain
periods of the day,and shall upon authority given by ordinance place and maintain
appropriate markings,signs,barriers or other devices to give notice thereof.The chief of
police may erect signs temporarily designating lanes to be used by traffic moving in a
particular direction,regardless of the center line of the roadway.It shall be unlawful for
any person to operate any vehicle in violation of such markings,signs,barriers or other
devices so placed in accordance with this section.
Special Stops Required
501.15.Authority to Erect Stop Signs.Whenever any ordinance of this city
designates and describes a through highway it shall be the duty of the police department
to cause to be placed and maintained a stop sign on each and every street intersecting
such through highway except as hereinafter modified in the case of intersecting through
highways.
501.16 The Police Department Shall Recommend Stop or Yield Requirements at Certain
Intersections.At the intersections of through highways and at intersections upon streets
other than through highways,where,because of heavy cross-traffic or other traffic
conditions,particular hazard exists,the police department is hereby authorized to
determine whether vehicles shall stop or yield at one or more entrances to any such
intersection shall present said recommendation to the council,and upon approval by the
council,shall erect an appropriate sign at every such place when a stop or yield is
required.
501.17.Stops at Intersecting Through Highways and Other Intersections.Except
where directed to proceed by police officer or a traffic signal,the driver of a vehicle shall
stop in obedience to a stop sign erected at the entrance to a through street or stop
intersections,at such stop sign,at the crosswalk,or stop line on the roadway,before
entering the intersection,and shall yield the right-of-way to other vehicles which have
entered the intersection on the through street,or which are approaching so closely on the
through street as to constitute a hazard,but the driver having so yielded may proceed
cautiously and with due care enter said through street.
501.18.Through Streets Designated.The streets and intersections described in
Schedule A are through street and stop intersections as indicated in the schedule,and stop
signs shall be erected at the entrance to the intersections as indicated.
SCHEDULE A
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Through Street and Stop Intersections
In accordance with Section 501.17,the following streets are through streets and stop
intersections as indicated:
Ashworth Drive,from U S.Highway No.6,at the west city limits to the east city limits,
except at 6th Street,4th Street,East Street,and University Avenue.
[February 11,1986]
6th Street,from US.Highway NO.6 to the South city limits,except at Ashworth Drive.
US.Highway NO.6 from Ashworth Drive on the west City Limits to East Road.
8th Street,from the south line of Ashworth Drive to the north line of Cherry Street,
except at Locust Street.Cherry Street,from the west line of Sixth Street to its end.
Walnut Street,from the west line of 6th Street to the east line of 8th Street.
4th Street,from the south city limits to the south line of Ashworth Drive and from the
north line of Ashworth Drive to the south line of US.Highway No.6.
Laurel Street,from the east line of 6th Street to the west line of 4th Street.
3rd Street,from the south city limits to the south line of Ashworth Drive,except at
Northview Drive.
2nd Street,from the south city limits to the south line of Ashworth Drive,except at
Ashworth Drive
Warrior Lane,from the south line of Bell Aire Drive to the south line of US.Highway
No.6,except at Ashworth Drive.
Cherry Street,from the west line of 6th Street to the east line of 8th Street.
[October 4,1983]
Corene Avenue from the west line of 1st street to the east line of3rd Street
[October 4,1983]
All of University Avenue within the city limits of Waukee from its intersection with
Ashworth Drive on the west to the city limits of Waukee,Iowa,on the east.)
I
)
Southfork Drive from Walnut Ridge Drive to its terminus.
Walnut Ridge Drive from University Avenue to its terminus.
[May 12,1988]
Second Street Court from the South line ofCorene Avenue South to its terminus.
[July 11,1989]
3-WAY Stop Intersections.
4th Street and Northview Drive.Both east and west traffic on Northview Drive on both
sides of the intersection and a stop for 4th Street.
[November 11,1986]
4-W AY Stop Intersections
Ashworth Drive at 6th Street.
Ashworth Drive at 4th Street.
8th Street at Locust Street.
3rd Street and Northview Drive
2nd Street and Northview Drive.
6th Street and Locust Street.
[June 27,1989]
5-WAY Stop Intersection
Warrior Lane,Ashworth and Northview Drive intersection.
501.19 Stop When Traffic is Obstructed.Notwithstanding any traffic-control signal
indication to proceed,no driver shall enter an intersection or a marked crosswalk unless
there is sufficient space on the other side of the intersection or crosswalk to accommodate
the vehicle.
501.20 School Stops.
A Between the hours of7:30 AM.to 4:30 P.M.,when a driver of a vehicle
approaches an authorized school stop he shall bring such vehicle to a full stop at a point
ten (10)feet from the approach side of the crosswalk marked by an authorized school
stop sign,and thereafter proceed in a careful and prudent manner until he shall have
passed such school site.
B.The streets and intersections described in "Schedule A"are school stops
intersections as indicated in the Schedule,and stop signs shall be placed at the entrance to
said intersections as indicated.At the time that the said stop signs are at said
intersections,the driver of a vehicle shall stop in obedience thereto as provided in
subsection A hereof
[June 27,1989]
SCHEDULE A
School Stop Intersections
In accordance with this Section the stop signs shall be placed at the following street
intersections between the hours of7:30 and 4:30 p.m.,Monday through Friday inclusive
of each school day each week during which school is in session in the City of Waukee,
Iowa:
A.At the crosswalk 349.0 feet south of the South line of Ashworth Drive on 4th
Street controlling traffic on 4th Street
B.At the intersection of 5th Street and Locust Street,controlling traffic on Locust
Street.
C.At the intersection of East Road and Bel Aire Drive,controlling traffic on Warrior
Lane.
[June 27,1989]
501.21 Prohibited Crossing.Pedestrians crossing a street in the business district shall
cross in the crosswalks only.1)501.22 Pedestrians on Left.Where sidewalks are provided it shall be unlawful for any
pedestrian to walk along and upon an adjacent roadway.Where sidewalks are not
provided pedestrians shall at all times when walking on or along a roadway,walk on the
left side of such roadway.
Miscellaneous Driving Rules
501.23 Vehicles Not To Be Driven on Sidewalks and other Municipally owned property
and private property without consent by owner.No driver of a motor vehicle shall drive
a motor vehicle on sidewalks and other municipally owned property,except that portion
of streets improved for public travel,alleys,and areas specifically designated for parking,
including municipal parking lots;and no driver shall drive or park a motor vehicle on
private property except by the consent of the owner thereof
[June 12,1984]
501.24 Driving Through Funeral or Other Procession.No driver of any vehicle shall
drive between the vehicles comprising a funeral or ather authorized procession while they
are in motion and when such vehicles are conspicuously designated as required in this
ordinance.This provision shall not apply at intersections where traffic is controlled by
traffic-controlled signals or police officers.
501.25 Drivers in a Procession.Each driver in a funeral or other procession shall drive
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as near to the right-hand edge of the roadway as practical and shall follow the vehicle
ahead as closely as is practical and safe.
501.26 Funeral Processions To Be Identified.A funeral procession composed of
vehicles shall be identified as such by the display upon the outside of each vehicle of a
pennant or other identifying insignia or by such other methods as may be determined and
designated by the police department.
501.27 Driving in Quiet Zones.Whenever authorized signs are erected indicating a quiet
zone,no person operating a motor vehicle within any such zone shall sound their horn or
other warning device of such vehicle except in an emergency.
501.28 Load Restrictions Upon Vehicles Using Certain Streets.When signs are erected
giving notice thereof,no person shall operate any vehicle with a gross weight in excess of
the amounts specified on such signs at any time upon any streets or parts of streets in the
City of Waukee except Ashworth Drive and 6th Street when such vehicles have a gross
weight of 40,000 Ibs.or more.
501.29 Truck Routes.
A.Every motor vehicle weighing five (5)tons or more,when loaded or empty,
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:Ashworth Drive and 6th Street.
B.Any motor vehicle weighing five (5)tons or more,when loaded or empty,having
a fixed terminal,making a scheduled or defmite stop within the city for the purpose over
or upon the designated routes set out in this section to the nearest point of its scheduled or
defmite stop and shall proceed thereto,load or unload and return,by the most direct route
to its point of departure from said designated route.
C.The owner,or any other person,employing or otherwise directing the driver to
any vehicle shall not require or knowingly permit the operation of such vehicle upon a
street in any manner contrary to this section.
501.30 Permits for Excess Size and Weight.The police department shall,upon
application in writing and good cause being shown therefor,issue a special permit in
writing authorizing the applicant to operate or move a vehicle or combination of vehicles
of a size or weight or load exceeding the maximum specified by state law over those
streets named in the permit which are under the jurisdiction of the city and for which the
city is responsible for maintenance.
501.31 Temporary Weight Restrictions.Of the council declares an embargo when it
appears by reason of deterioration,rain,snow or other climatic conditions that certain
streets will be seriously damaged or destroyed by vehicles weighing in excess of an
amount specified by the sign,no such vehicles shall be operated on streets so designated
by such signs.
SCHOOL BUSES
501.32 School Bus Signals.The driver of any school bus used t transport children to and
from a public or private school shall,when stopping to receive or discharge pupils at any
point within the residence or business districts of the city,turn on the flashing stop
warning signal lights at a distance of not less than one hundred (100)feet,nor more than
three hundred (300)feet from the point where said pupils are to be received or discharged
from the bus.At the point of receiving or discharging pupils the driver of the bus shall
bring the bus to a stop and extend the stoparrn.After receiving or discharging pupils,the
bus driver shall turn off the flashing stop warning lights,retract the stop arm and then
proceed on the route.No school bus shall stop to load or unload pupils unless there is at
least three hundred (300)feet of clear vision in each direction.
501.33 Discharging Pupils.All pupils shall be received and discharged from the right
front entrance of every school bus and if said pupils must cross the street or highway,
they shall be required to pass in front of the bus,look in both directions,and proceed to
cross the street or highway only on signal from the bus driver.
501.34 Other Motor Vehicles to Stop.
A.The driver of any vehicle when meeting a school bus on which the stop warning
signal lights are flashing shall reduce the speed of said vehicle to not more than twenty
(20)miles per hour,and shall bring said vehicle to a complete stop when school bus stops
and stop signal arm is extended and said vehicle shall remain stopped until stoparrn is
retracted after which driver may proceed with due caution.
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B.The driver of any vehicle overtaking a school bus shall not pass a school bus
when flashing stop warning signal lights are flashing and shall bring said vehicle to a
complete stop not closer than fifteen feet of the school bus w hen it is stopped and
stoparm is extended,and shall remain stopped until the stop arm is retracted and school
bus resumes motion,or until signaled by driver to proceed.
501.35 Summons Placed on Illegally Parked Vehicles.Whenever any motor vehicle
without driver is found parked or stopped in violation of any of the restrictions imposed
by any ordinance of this city the officer or other authorized person finding such vehicle
shall attach a written summons as hereinbefore provided to such vehicle in a conspicuous
place and the driver of such vehicle shall be held to appear at the time and place
designated in the summons.
501.36 Presumption In Reference to Illegal Parking.In any proceeding charging a
standing or parking violation,a prima facie presumption that the registered owner was the
person who parked or placed such vehicle at the point where,and for the time during
which,such violation occurred,shall be raised by proof that:\
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A.The particular vehicle described in the information was parked in violation of this
ordinance,and
B.The defendant named in the information was the registered owner at the time in
question.
Section 2.Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
Section 3.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.
Section 4.Effective Date.This ordinance shall be in effect upon its final
passage,approval and publication as provided by law.
Passed by the Council this 1'"day of March,1999,and approved this 1'"day of
March,1999.
By:Mayor,Donald L.Bailey,If.
Attest:Gregory S.Fetterman,City Clerk
Ordinance 2269 -Criminal Code 601 Assault an Update of the Current Statute.Motion
by Councilman Peard,second by Councilwoman Heath to have the City Clerk read
Ordinance for 1'"time in title only.The Mayor asked for a roll call vote:Ayes:Peard,Heath,
Gruber,Berger,and Lyon.Nays:None.Motion carried 5 to O.
Motion by Councilman Gruber,second by Councilman Lyon to waive the 2nd and 3rd reading
and place,Assault Ordinance on final passage.The Mayor asked for a roll call vote:Ayes:
Gruber,Lyon,Berger,Peard,and Heath.Nays:None.Motion carried 5 to O.
ORDINANCE NO.2269
AN ORDINANCE TO AMEND CHAPTER 601,WAUKEE MUNICIPAL CODE,BY
DELETING CHAPTER 601 IN ITS ENTIRETY AND INSERTING IN LIEU
THEREOF REVISED CHAPTER 601 DEFINING ASSAULT AND PROVIDING
PENALTIES THEREFORE.
BE IT ORDAINED by the Council ofthe City of Waukee:
Section 1.Chapter 601,Waukee Municipal Code,IS hereby deleted in its
entirety,and the following is placed in lieu thereof:
ASSAULT )
I)§601.1 Assault:A person who commits an assault when,without intent to inflict
serious injury upon another,but without justification,that person does any of the
following:
A.Any act which is intended to cause pain or injury to,or which is intended
to result in physical contact which will be insulting or offensive to
another,coupled with an apparent ability to execute the act.
B.Any act which is intended to place another in fear of immediate physical
contact which will be painful,injurious,insulting,or offensive,coupled
with the apparent ability to execute the act.
C.Intentionally points any firearm toward another,or displays m a
threatening manner any dangerous weapon toward another.
Provided,that where the person doing any of the above enumerated acts is
employed by a school district or accredited nonpublic school,or is an area
education agency staff member who provides services to a school or
school district,and intervenes in a fight or physical struggle,or other
disruptive situation,that takes place in the presence of the employee or
staff member performing employment duties in a school building,on
school grounds,or at an official school function regardless of the location,
the act shall not be an assault,whether the fight or physical struggle or
other disruptive situation is between students or other individuals,if the
degree and the force of the intervention is reasonably necessary to restore
order and to protect the safety of those assembled.
\)
§60 1.2 Violations.Violations of any of the provisions of this Chapter shall be
punishable by 30 days in jail or $100.00 fine,unless the person who commits an assault,
as defined herein,causes bodily injury or mental illness,or uses or displays a dangerous
weapon in connection with the assault,or is guilty or terrorism as defined in §708.6,
Code ofIowa,or harassment in the first or second degree as defined in §708.7,Code of
Iowa.
Section 2.Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
Section 3.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.
Section 4.Effective Date.This ordinance shall be in effect upon its final
passage,approval and publication as provided by law.
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Passed by the Council this 1"day of March,1999,and approved this 1"day of
March,1999.
By:Mayor,Donald L.Bailey,Jr.
Attest:Gregory S.Fetterman,City Clerk
Ordinance 2270 -Criminal Code 602 Harassment an Update of the Current Statute.
Motion by Councilman Peard,second by Councilman Lyon to have the City Clerk read
Ordinance for 1"time in title only.The Mayor asked for a roll call vote:Ayes:Peard,Lyon,
Heath,Berger,and Gruber.Nays:None.Motion carried 5 to O.
Motion by Councilman Peard,second by Councilman Lyon to waive the 2nd and 3'd reading
and place,on final passage.The Mayor asked for a roll call vote:Ayes:Peard,Lyon,Heath,
Berger,and Gruber.Nays:None.Motion carried 5 to O.
ORDINANCE NO.2270
AN ORDINANCE TO AMEND CHAPTER 602,WAUKEE MUNICIPAL CODE,BY
DELETING CHAPTER 602 IN ITS ENTIRETY AND INSERTING IN LIEU
THEREOF REVISED CHAPTER 602 DEFINING HARASSMENT AND PROVIDING
PENALTIES THEREFORE.
BE IT ORDAINED by the Council ofthe City of Waukee:
HARASSMENT
§602.1 Harassment:A person commits harassment when,with intent to
intimidate,annoy or alarm another person,the person does any of the following:
A.Communicates with another by telephone,telegraph,or writing without
legitimate purpose and in a manner likely to cause the other person
annoyance or harm.
B.Places any simulated explosive or simulated incendiary device in or near
any building,vehicle,airplane,railroad engine or railroad car,or boat
occupied by such person.
C.Orders merchandise or services in the name of another,or to be delivered
to another,without such other person's knowledge or consent.
D.Reports or causes to be reported false information to a law enforcement
authority implicating another in some criminal activity,knowing that the
information is false,or reports the alleged occurrence of a criminal act,
knowing the act did not occur.
1.A person commits harassment when the person,purposefully and
without legitimate purpose,has personal contact with another
person,with the intent to threaten,intimidate,or alarm that other
person.As used in this section,unless the context otherwise
requires,"personal contact"means an encounter in which two or
more people are in visual or physical proximity to each other.
"personal contact"does not require a physical touching or oral
communication,although it may include these types of contacts.
§602.2 Violations.Violations of any of the provisions of this Chapter shall be
punishable by 30 days in jail or $100.00 fine unless the person commits harassment
involving a threat to commit a forcible felony,or commits harassment and has previously
been convicted of harassment three or more times under §708.7,Code of Iowa,or any
similar statute during the preceding ten years;or the person commits harassment
involving a threat to commit bodily injury,or commits harassment and has previously
been convicted of harassment two times under §708.7,Code of Iowa,or any similar
statute during the preceding ten years.
Section 2.Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
Section 3.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.
Section 4.Effective Date.This ordinance shall be in effect upon its final
passage,approval and publication as provided by law.
Passed by the Council this I'"day of March,1999,and approved this 1'1 day of
March,1999.
By:Mayor,Donald L.Bailey,Jr.
Attest:Gregory S.Fetterman,City Clerk
Ordinance 2271 -Criminal Code 603 Theft all Update ofthe Current Statute.Motion
by Councilman Berger,second by Councilwoman Heath to have the City Clerk read
Ordinance for 1'"time in title only.The Mayor asked for a roll call vote:Ayes:Berger,
Heath,Gruber,Peard,and Lyon.Nays:None.Motion carried 5 to O.
Motion by Councilwoman Heath,second by Councilman Peard to waive the 2nd and 3rd
reading and place,the Theft Ordinance on final passage.The Mayor asked for a roll call vote:
Ayes:Heath,Peard,Gruber,Berger,and Lyon.Nays:None.Motion carried 5 to O.
ORDINANCE NO.2271
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AN ORDINANCE TO AMEND CHAPTER 603,WAUKEE MUNICIPAL CODE,
BY DELETING CHAPTER 603 IN ITS ENTIRETY AND INSERTING IN LIEU
THEREOF REVISED CHAPTER 603 DEFINING THEFT AND PROVIDING
PENALTIES THEREFORE.
BE IT ORDAINED by the Council of the City of Waukee:
THEFT
§603.1 THEFT.A person commits theft when that person does any of the
following,and such theft does not exceed $100.00 in value:
A.Takes possession or control of the property of another,or property in the
possession of another,with the intent to deprive the other thereof
B.Misappropriates property which the person has in trust,or property of
another which the person has in his or her possession or control,whether
such possession or control is lawful or unlawful,by using or disposing of
it in a manner which is inconsistent with or a denial of the trust or of the
owner's rights in such property,or conceals found property,or
appropriates such property to his or own use,when the owner of such
property is known to him or her.Failure by a bailee or lessee of personal
property to return the property within seventy-two hours after a time
specified in a written agreement of lease or bailment shall be evidence of
misappropriation.
C.Obtains the labor or services of another,or a transfer of possession,
control,or ownership of the property of another,or the beneficial use of
property of another,by deception.Where compensation for goods and
services is ordinarily paid immediately upon the obtaining of such goods
or the rendering of such services,the refusal to payor leaving the premises
without payment or offer to payor without having obtained from the
owner or operator the right to pay subsequent to leaving the premises
gives rise to an inference that the goods or services were obtained by
deception.
D.Exercises control over stolen property,knowing such property to have
been stolen,or having reasonable cause to believe that such property has
been stolen,unless the person's purpose is to promptly restore it to the
owner or to deliver it to an appropriate public officer.The fact that the
person is found in possession of property which has been stolen from two
or more persons on separate occasions,or that the person is a dealer or
other person familiar with the value of such property and has acquired it
for a consideration which is far below its reasonable value,shall be
evidence from which the court or jury may infer that the person knew or
believed that the property has been stolen.)
)E.Takes,destroys,conceals or disposes of property in which someone else
has a security interest,with intent to defraud the secured party.
F.Makes,utters,draws,delivers,or gives any check,draft,or written order
on any bank,person or corporation,and obtains property or service in
exchange therefor,if the person knows that such check,draft or written
order will not be paid when presented.
Whenever the drawee of such instrument has refused payment because of
insufficient funds,and the maker has not paid the holder of the instrument
the amount due thereon within ten days of the maker's receipt of notice
from the holder that payment has been refused by the drawee,the court or
jury may infer from such facts that the maker knew that the instrument
would not be paid on presentation,notice of refusal or payment shall be by
certified mail,or by personal service in the manner prescribed for serving
original notices.
Whenever the drawee of such instrument has refused payment because the
maker has no account with the drawee,the court or jury may infer from
such fact that the maker knew that the instrument would not be paid on
presentation.)
)G.Obtains gas,electricity or water from a public utility or obtains cable
television or telephone service from an unauthorized connection to the
supply or service line or by intentionally altering,adjusting,removing or
tampering with the metering or service device so as to cause inaccurate
readings.
F.Any act that is declared to be theft by any provision of the Code of Iowa,
as amended.
The value of property is its normal"market or exchange value within the
community at the time that it is stolen.If money or property is stolen by a
series of acts from the same person or location,or from different persons
by a series of acts which occur in approximately the same location or time
period so that the thefts are attributable to a single scheme,plan or
conspiracy,such acts may be considered a single theft and the value may
be the total of all the property stolen.
§603.2 Violations.Violations of any of the provisions of this Chapter shall be
punishable by 30 days in jail or $100.00 fine.
Section 2.Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
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Section 3.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.
Section 4.Effective Date.This ordinance shall be in effect upon its final
passage,approval and publication as provided by law.
Passed by the Council this 1'"day of March,1999,and approved this 1'"day of
March,1999.
By:Mayor,Donald L.Bailey,Jr.
Attest:Gregory S.Fetterman,City Clerk
Ordinance 2272 -Criminal Code 604 Criminal Mischief an Update of the Current
Statute.Motion by Councilman Gruber,second by Councilman Lyon to have the City Clerk
read Ordinance for 1'"time in title only.The Mayor asked for a roll call vote:Ayes:Gruber,
Lyon,Peard,Heath,and Berger.Nays:None.Motion carried 5 to O.
Motion by Councilman Peard,second by Councilman Berger to waive the 2nd and 3'd reading
and place the Criminal Mischief Ordinance on final passage.The Mayor asked for a roll call
vote:Ayes:Peard,Berger,Gruber,Heath,and Lyon.Nays:None.Motion carried 5 to O.
ORDINANCE NO.2272
AN ORDINANCE TO AMEND CHAPTER 604,W AUKEE MUNICIPAL CODE,
BY DELETING CHAPTER 604 IN ITS ENTIRETY AND INSERTING IN LIEU
THEREOF REVISED CHAPTER 604 DEFINING CRIMINAL MISCHIEF AND
PROVIDING PENALTIES THEREFORE.
BE IT ORDAINED by the Council of the City of Waukee:
CRIMINAL MISCHIEF
§604.1 Criminal Mischief Defined:Any damage,defacing,alteration,or
destruction of tangible property is criminal mischief when done intentionally by one who
has no right of so act.
§604.2 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.
§604.3 Criminal Mischief.A person is guilty of criminal mischief under the
provisions of this ordinance if the cost of replacing,repairing,or restoring the property so
damaged,defaced,altered,or destroyed does not exceed $100.00,and if
A.Such acts are not intended to or do not in fact cause a substantial
interruption or impairment of service rendered to the public by gas,
electric,steam or waterworks corporation,cablevision companies,
telephone or telegraph corporation,common carrier,or a public
utility operated by a municipality;or if
B.Such property is a deed,will,commercial paper or any civil or
criminal process or other instrument having legal effect,or if the act
does not consist 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 altering persons to an unsafe or dangerous
condition;or if,
C.Such person does not intentionally disinter human remains from a
burial site without lawful authority or does not intentionally
disinterhuman remains that have state and national significance from
a historical or scientific standpoint for the inspiration and benefit of
the United States without the permission of the state archaeologist.)
\)§604.4 Violations.Violations of any of the provisions of this Chapter shall be
punishable by 30 days in jail or $100.00 fine.
[October 12,1982]
Section 2.Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
Section 3.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.
Section 4.Effective Date.This ordinance shall be in effect upon its final
passage,approval and publication as provided by law.
Passed by the Council this 1"day of March,1999,and approved this 1"day of
March,1999.
By:Mayor,Donald L.Bailey,Jr.
Attest:Gregory S.Fetterman,City Clerk \l
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Ordinance 2273 -Criminal Code 605 Fraudnlent Practices an Update of the Current
Statute.Motion by Councilman Gruber,second by Councilwoman Heath to have the City
Clerk read Ordinance for 1'"time in title only.The Mayor asked for a roll call vote:Ayes:
Gruber,Heath,Berger,Lyon,and Peard.Nays:None.Motion carried 5 to o.
Motion by Councilman Berger,second by Councilwoman Heath to waive the 2nd and 3'd
reading and place the Fraudulent Practices Ordinance on final passage.The Mayor asked for
a roll call vote:Ayes:Berger,Heath,Gruber,Lyon,and Peard.Nays:None.Motion carried
5 to o.
ORDINANCE NO.2273
AN ORDINANCE TO AMEND CHAPTER 605,WAUKEE MUNICIPAL CODE,
BY DELETING CHAPTER 605 IN ITS ENTIRETY AND INSERTING IN LIEU
THEREOF REVISED CHAPTER 605 DEFINING FRAUDULENT PRACTICES
AND PROVIDING PENALTIES THEREFORE.
BE IT ORDAINED by the Council of the City of Waukee:
FRAUDULENT PRACTICES
§605.1 Fraud.A person who does any of the following acts is guilty of
fraudulent practice where the amount of money or value of property or services involved
does not exceed $50.00:
A.Makes,tenders or keeps for sale any warehouse receipt,bill of lading,or
any other instrument purporting to represent any right to goods,with
knowledge that the goods represented by such instrument do no exist.
B.Knowingly attaches or alters any label to any goods offered or kept for
sale so as to materially misrepresent the quality or quantity of such goods,
or the maker or source of such goods.
C.Knowingly executes or tenders any false certification under penalty of
perjury,false affidavit or false certificate,if the certification,affidavit,or
certificate is required by law or given in support of a claim for
compensation,indemnification,restitution,or other payment.
D.Makes any entry in or alteration of any public records,or any records of
any corporation,partnership,or other business enterprise or nonprofit
enterprise,knowing the same to be false.
E.Removes,alters or defaces any serial or other identification number,or
any owners'identification mark,from any property not the person's own.
F.For the purpose of soliciting assistance,contributions,or other thing of
value,falsely represents oneself to be a veteran ofthe armed forces of the
United States,or a member of any fraternal,religious,charitable,or
veterans organization,or any pretend organization of a similar nature,or
to be acting on behalf of such person or organization.
G.Manufactures,sells,or keeps for sale any token or device suitable for the
operation of a coin-operated device or vending machine,with the intent
that such token or device may be so used,or with the representation that
they can be so used;provided,that the owner or operator of any coin-
operated device or vending machine may sell slugs or tokens for use in his
or her own devices.
F.Manufactures or possesses any false or counterfeit label,with the intent
that it be placed on merchandise to falsely identify its origin or quality,or
who sells any such false or counterfeit label with the representation that it
may be so used.
H.Alters or renders inoperative or inaccurate any meter or measuring device
used in determining the value of or compensation for the purchase,use or
enjoyment of property,with the intent to defraud any person.
1.Does any act expressly declare to be fraudulent practice by any other
section ofthe Code.\
)1.Removes,defaces,covers,alters,or destroys any component part number
as defined in section 321.1,subsection 73,or vehicle identification
number as defined in section in 321.1,subsection 74,for the purpose of
concealing or misrepresenting the identity of the component part or
vehicle.
K.Knowingly transfers or assigns a legal or equitable interest in property,as
defined in section 702.14,Code ofIowa,for less than fair consideration,
with the intent to obtain public assistance under chapters 16,35B,35D,
and 347B,or title VI,subtitles 2 through 6,Code of Iowa,or accepts a
transfer of or an assignment of a legal or equitable interest in property,as
defined in section 702.14,Code of'Iowa,for less than fair consideration,
with the intent of enabling the party transferring the property to obtain
public assistance under chapters 16,35B,35D,and 347B,or Title VT,
subtitles 2 through 6.A transfer or assignment of property for less than
fair consideration within one year prior to an application for public
assistance benefits shall be evidence of intent to transfer or assign the
property in order to obtain public assistance for which a person is not
eligible by reason of the amount of the person's assets.If a person is
found guilty of a fraudulent practice in the transfer or assignment of
property under this subsection the maximum sentence shall be the penalty
established for a serious misdemeanor and sections 714.9,714.10 and )
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714.11 shall not apply.
L.Fraudulent practices in connection with targeted small business programs.
1.Knowingly transfers or assigns assets,ownership,or equitable
interest in property of a business to a woman or minority person
primarily for the purpose of obtaining benefits under targeted small
business programs if the transferor would otherwise not be
qualified for such programs.
2.Solicits and is awarded a state contract on behalf of a targeted
business for the purpose of transferring the contract to another for
a percentage if the person transferring or intending to transfer the
work had no intention of performing the work.
3.Knowingly falsifying information on an application for the purpose
of obtaining benefits under targeted small business programs.
A violation under this subsection is grounds for decertification of
the targeted small business connected with the violation.
Decertification shall be in addition to any penalty otherwise
authorized by this section.
M.Makes payment pursuant to an agreement with a dealer or market agency
for livestock held by the dealer or market agency by use of a financial
instrument which is a check,share draft,draft,or written order on any
financial institution,as defined in section 543.1,Code of Iowa,if after
seven days from the date that possession of the livestock is transferred
pursuant to the purchase,the financial institution refuses payment on the
instrument because of insufficient funds in tbe maker's account.
This subsection is not applicable if the maker pays the holder of the
instrument the amount due on the instrument within one business day from
a receipt of notice by certified mail from the holder that payment has been
refused by the financial institution.
As used in this subsection,"dealer"means a person engaged in the
business of buying or selling livestock either on the person's own account,
or as an employee or agent of vendor or purchaser."Market Agency"
means a person engaged in the business of buying or selling livestock on a
commission basis.
N.Obtains or attempts to obtain the transfer of possession,control,or
ownership,of the property of another by deception through
communications conducted primarily by telephone and involving direct or
implied claims that the other person contacted has won or is about to win a
prize,or involving direct or implied claims that the other person contacted
may be able to recover any losses suffered by such other person in
connection with a prize promotion.
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O.Knowingly provides false information to the treasurer of state when
claiming,pursuant to section 556.19,Code of Iowa,interest in unclaimed
property held by the state,or knowingly provides false information to a
person or fails to disclose the nature,value and location of unclaimed
property prior to entering into a contract to receive compensation to
recover or assist in the recovery of property reported as unclaimed
pursuant to section 556.11,Code ofIowa.
§605.2 The value of property or service for purposes of Section 606.1 1S its
normal market or exchange value,if any,within the community at the time the fraudulent
practice is committed.
§605.3 If money or property or service is obtained by a series of acts from the
same person or location,or from different persons by a series of acts which occur in
approximately the same location or time period so that the fraudulent practices are
attributable to a single scheme,plan or conspiracy,such acts may be considered as a
single fraudulent practice and the value may be the total value of all money,property,and
service involved for the purposes of Section 605.1.
Section 2.Repealer.All ordinances or parts of ordinances in conflict with
the provisions ofthis ordinance are hereby repealed.\
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Section 3.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.
Section 4.Effective Date.This ordinance shall be in effect upon its final
passage,approval and publication as provided by law.
Passed by the Council this l>t day of March,1999,and approved this 1st day of
March,1999.
By:Mayor,Donald L.Bailey,Jr.
Attest:Gregory S.Fetterman,City Clerk
Ordinance 2274 -Criminal Code 607 Temporary Civil Disorder Restrictions an Update
of the Current Statute.Motion by Councilman Peard,second by Councilman Gruber to
have the City Clerk read Ordinance for 1>ttime in title only.The Mayor asked for a roll call
vote:Ayes:Peard,Lyon,Heath,Berger,and Gruber.Nays:None.Motion carried 5 to O.)
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Motion by Councilman Gruber,second by Councilman Lyon to waive the 2nd and 3rd reading
and place the Temporary Civil Disorder Restrictions Ordinance on final passage.The Mayor
asked for a roll call vote:Ayes:Gruber,Lyon,Berger,Heath,and Peard.Nays:None.
Motion carried 5 to o.
ORDINANCE NO.2274
AN ORDINANCE TO AMEND CHAPTER 607,WAUKEE MUNICIPAL CODE,
BY DELETING CHAPTER 607 IN ITS ENTIRETY AND INSERTING IN LIEU
THEREOF REVISED CHAPTER 607 DEFINING TEMPORARY CIVIL
DISORDER RESTRICTIONS AND PROVIDING PENALTIES THEREFORE.
BE IT ORDAINED by the Council of the City of Waukee:
TEMPORARY CIVIL DISORDER RESTRICTIONS
§607.1 Declaration TEMPORARY CIVIL DISORDER RESTRICTIONS
of Civil Disorder.Whenever the mayor determines that there has been either an act of
violence or resistance to a lawful exercise of public authority,and that as a result thereof,
he has reason to believe that there exists a clear and present danger of a riot or other
general public disorder involving widespread disobedience of the law and substantial
injury to persons or property,which riot or other general public disorder constitutes an
immediate threat to the public peace and to the general welfare ofthe city,or any area of
it,he may declare a state of civil disorder within the city or any of its areas.
§607.2 Promulgation of Temporary Restrictions.Whenever the mayor
declares that a state of civil disorder exists,he may promulgate any,all or part of the
temporary restrictions provided for in Section 602.3 of this ordinance,with such
limitations and conditions as he may deem appropriate under the circumstances.In so
doing,he shall specify the area of the city affected by each restriction.Any measure
promulgated will take effect only after reasonable notice of its contents has been given.
§607.3 Temporary Restrictions.The mayor is authorized to promulgate any,
all or part of the following restrictions:
A.Alcohol.Order the immediate closing of all taverns and order the
cessation of the sale or any other distribution of intoxicating liquor and
beer.
B.Weapons.Order the cessation of public display,possession,sale or any
other distribution of firearms and ammunition.
C.Explosives and Flammables.Order the cessation of the sale of any other
distribution of explosives and flammables.
D.Curfew.Order the closing of all or some public parks,public streets,or
other public places during specified hours.
E.Assembly.Order the cessation of any other activities reasonably believed
hazardous to the maintenance of public safety.
§607.4 Termination of Temporary Restrictions.Any restriction promulgated
in accordance with the provisions of this ordinance will terminate automatically forty-
eight (48)hours after the mayor's declaration of civil disorder was issued or upon his
issuing a declaration that a state of civil disorder no longer exists,whichever occurs first;
provided,however,that any or all of the restrictions promulgated by the mayor may be
extended by successive resolutions of the city council for additional periods of time.The
period of anyone extension shall not exceed five (5)days.
§607.5 Penalty.Anyone violating any of the provision of this ordinance shall,
upon convictions,be subject to imprisonment not exceeding thirty (30)days or a fine not
exceeding $100.00
Section 2.Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
Section 3.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.
Section 4.Effective Date.This ordinance shall be in effect upon its final
passage,approval and publication as provided by law.
Passed by the Council this 1"day of March,1999,and approved this 1'"day of
March,1999.
By:Mayor,Donald L.Bailey,Jr.
Attest:Gregory S.Fetterman,City Clerk
Ordinance 2275 -Criminal Code 608 Disorderly Conduct an Update ofthe Current
Statute.Motion by Councilwoman Heath,second by Councilman Berger to have the City
Clerk read Ordinance for I"time in title only.The Mayor asked for a roll call vote:Ayes:
Heath,Berger,Gruber,Peard,and Lyon.Nays:None.Motion carried 5 to O.
Motion by Councilman Gruber,second by Councilman Berger to waive the 2nd and 3cd
reading and place the Disorderly Conduct Ordinance on final passage.The Mayor asked for a
roll call vote:Ayes:Gruber,Berger,Heath,Peard,and Lyon.Nays:None.Motion carried 5
to O.
ORDINANCE NO.2275
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AN ORDINANCE TO AMEND CHAPTER 608,WAUKEE MUNICIPAL CODE,
BY DELETING CHAPTER 608 IN ITS ENTIRETY AND INSERTING IN LIEU
THEREOF REVISED CHAPTER 608 DEFINING DISORDERLY CONDUCT
AND PROVIDING PENALTIES THEREFORE_
BE IT ORDAINED by the Council of the City of Waukee:
DISORDERLY CONDUCT
§608.1 Disorderly Conduct.A person is guilty of a violation of this section
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 such conduct which is reasonably related to that
sport.
B.Makes loud and raucous noise in the vicinity of any residence or hospital
which causes unreasonable distress to the occupants thereof
C.Directs abusive epithets or makes any threatening gesture which the
person knows or reasonably should know is likely to provoke a violent
reaction by another.
D.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.
E.By words or action,mrtrates or circulates a report or warning of fire,
epidemic,or other catastrophe,knowing such report to be false or such
warning to be baseless.
F.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.
G.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.
§608.2 Violations.Violations of any of the provisions of this Chapter shall be
punishable by 30 days in j ail or $100.00 fine.
Section 2.Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
Section 3.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.
Section 4.Effective Date.This ordinance shall be in effect upon its final
passage,approval and publication as provided by law.
Passed by the Council this 1'"day of March,1999,and approved this 1'"day of
March,1999.
By:Mayor,Donald L.Bailey,Jr.
Attest:Gregory S.Fetterman,City Clerk
Mayor's Report.The Mayor announced that he is declaring March 1-7,1999 Juvenile
Arthritis Week;Mayor spoke about recent developments,upcoming meeting and
previous meeting with Dallas County Development;Mayor also talked about Highway 6
preconstruction conference March 1,1999.
Park Board Report.Councilman Bill Peard spoke about upcoming events including
plans for a Easter Egg hunt at Centennial Park and plans for 4th of July activities.
Attorney's Report.Paul Huscher gave a brief summation oflegal issues that may effect
the City of Waukee.
Adjournment.Motion to adjourn by Councilwoman Heath,second by Councilman
Peard at 7:53 p.m.The Mayor asked for a roll call vote:Ayes:Heath,Peard,Gruber,
Lyon,and Berger.Nays:None.Motion carried 5 O.
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