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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.