HomeMy WebLinkAbout1999-05-17-Ordinance 2289_Criminal Code, MischiefORDINANCE NO.2289
AN ORDINANCE DEFINING THE CRIME OF CRIMINAL MISCHIEF IN THE
FIFTH DEGREE AS A SIMPLE MISDEMEANOR,AND PROVIDING THE
PUNISHMENT THEREFOR.
BE IT ORDAINED by the Council ofthe City of Waukee:
§613.1 Criminal mischief in the fifth degree defined.Any damage,
defacing,alteration,or destruction of tangible property is criminal mischief when done
intentionally by one who has no right to so act;and such act is criminal mischief in the
fifth degree if none of the following apply:
A.The cost of replacing,repairing,or restoring the property so damaged,
defaced,altered,or destroyed exceeds one hundred dollars ($100.00).
B.The acts are intended to or do in fact cause a substantial intenuption or
impairment of service rendered to the public by a gas,electric,steam or
waterworks corporation,telephone or telegraph corporation,common
carrier,or a public utility operated by a municipality.
C.The property is a deed,will,commercial paper or any civil or criminal
process or other instrument having legal effect,or if the act consists 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 alerting persons
to an unsafe or dangerous condition.
]
D.A personal intentionally disinters human remams from a burial site
without lawful authority.
E.A person intentionally disinters human remains that have state and
national significance from an historical or scientific standpoint for the
inspiration and benefit of the United States without the permission of the
state archaeologist.
F.The act constitutes a hate crime as defined by §729A.2,Code ofIowa.
§613.2 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.
§613.3 Misdemeanor.Each violation of this ordinance shall constitute a
simple misdemeanor.
§613.4 Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
§613.5 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.
§613.6 Effective Date.This ordinance shall be in effect upon its final
passage,approval and publication as provided by law.
Passed by the Council this 17'h day of May,1999,and approved this 17'h day of May,
1999.
May 17,1999 -Ordinance Defining Crime of Criminal Mischief in the Fifth Degree.
Motion by Councilman Berger,seconded by Councilman Gruber,to have the City Clerk
read the ordinance for the first time in title only.The Mayor asked for a roll call vote:
Ayes:Berger,Gruber,and Peard.Nays:None.Motion carried 3 to O.
May 17,1999 -Ordinance Defining Crime of Criminal Mischief in the Fifth Degree.
Motion by Councilman Gruber,seconded Councilman Berger,to waive second and third
readings.The Mayor asked for a roll call vote:Ayes:Gruber,Berger and Peard.Nays:
None.Motion carried 3 to O.
May 17,1999 -Ordinance No.2289 Defining Crime of Criminal Mischief in the
Fifth Degree.The Mayor asked for a roll call vote:Ayes:Berger,Gruber,and Peard.
Nays:None.Motion carried 3 to O.Motion by Councilman Berger,seconded by
Councilman Gruber,to place the ordinance on fmal passage.The Mayor asked for a roll
call vote:Ayes:Berger,Gruber,and Peard.Nays:None.Motion carried 3 to O.
Attest:
P~Zjf~VL~!LfJ7~~0~~~~"'--'
.etterman,City Clerk