HomeMy WebLinkAbout1999-03-01-Ordinance 2270_Criminal Code, HarassmentORDINANCE 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 of the 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.
I.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 jailor $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 I
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the provisions of this ordinance are hereby repealed.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'"day of
March,1999.&u~
I Mayor,Donald L.Bailey,Jr.