HomeMy WebLinkAbout1999-03-01-Ordinance 2269_Criminal Code, AssaultORDINANCE 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 of the 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
§60 1.1 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.I
C.Intentionally points any firearm toward another,or displays m a
threatening marmer 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 injail 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 of Iowa,or harassment in the first or second degree as defined in §708.7,Code of I
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provisions of this ordinance are hereby repealed.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.
March,~:;'by tim Council this I"day orMrr~~I"day of
I Mayor,Donald L.ailey,Jr.
Attest:
)
Clerk