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HomeMy WebLinkAbout1999-03-01-Ordinance 2272_Criminal Code, MischiefORDINANCE NO.2272 AN ORDINANCE TO AMEND CHAPTER 604,WAUKEE 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Section 2.Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.I Section 3.Severability Clause.If any section,provision or part of this ordinance shall be adjudged invalid or unconstitutional,such adjudication shall not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 Marc ,1999,and approved this 1'"day of March,1999. Mayor,Donald L.Bailey,J . Attest: ] I