City of Oelwein - Ordinances
The following are ordinances from the City of Oelwein -City Code. While this is not the entire City Code, these are ordinances the Oelwein Police Department feels are important for citizens and visitors to know about. Copies of the City Code is available at City of Oelwein
Explanation of Violation of Ordinance
SECTION 1-10. VIOLATION OF ORDINANCE
A. The name and address of the defendant;
B. The name or description of the infraction attested to by the officer issuing the citation;
C. The location and time of the infraction;
D. The amount of civil penalty to be assessed or the alternate relief sought, or both;
E. The manner, location and time in which the penalty may be paid;
F. The time and place of court appearance; and
G. The penalty for failure to appear in court.
A. The matter shall be tried before a Magistrate or District Associate Judge in the same manner as a small claim.
B. The city has the burden of proof that the municipal infraction occurred and that the defendant committed the infraction. The proof shall be by clear, satisfactory and convincing evidence.
C. The court shall ensure that the defendant has received a copy of the charges and that the defendant understands the charges. The defendant may question all witnesses who appear for the city and produce evidence or witnesses on the defendant’s behalf.
D. The defendant may be represented by counsel of the defendant’s own selection and at the defendant’s own expense.
E. The defendant may answer by admitting or denying the infraction.
F. If a municipal infraction is proved the court shall enter a judgment against the defendant. If the infraction is not proven, the court shall dismiss it.
5. All penalties or forfeitures collected by the court for municipal infractions shall be remitted to the city in the same manner as fines and forfeitures are remitted for criminal violations under section 602.8106 of the Iowa code. If the person named in the citation is served as provided in this section and fails without good cause to appear in response to a civil citation, judgment shall be entered against the person cited.
6. A person against whom judgment is entered, shall pay court costs and fees as in small claims under chapter 631. If the action is dismissed, the city is liable for court costs and court fees. Where the action is disposed of without payment, or provision for assessment, of court costs, the clerk shall at once enter judgment against the city.
7. Seeking a civil penalty as authorized in this section does not preclude a city from seeking alternative relief from the court in the same action.
8. When judgment has been entered against a defendant, the court may do any of the following:
A. Impose a civil penalty by entry of a personal judgment against the defendant.
B. Direct that payment of the civil penalty be suspended or deferred under conditions imposed by the court;
C. Grant appropriate alternative relief ordering the defendant to abate or cease the violation.
D. Authorize the city to abate or correct the violation;
E. Order that the city’s costs for abatement or correction of the violation be entered as a personal judgment against the defendant or assessed against the property where the violation occurred, or both.
SECTION 22-231. DEFINITIONS.
1. “Abandoned vehicle” means any of the following:
A. A vehicle that has been left unattended on public property for more than forty-eight hours and lacks current registration plates or two or more wheels or other parts which render the vehicle totally inoperable, or
B. A vehicle that has remained illegally on public property for more than seventy-two hours; or
C. A vehicle that has been unlawfully parked on private property or has been placed on private property without the consent of the owner or person in control of the property for more than twenty-four hours;
D. A vehicle that has been legally impounded by order of the department and has not been reclaimed for a period of ten days; or
E. Any vehicle parked on the highway determined by the department to create a hazard to other vehicle traffic.
2. “Code Enforcement Officer”. The duly authorized person charged with enforcing the provisions of this chapter and this code.
3. “Enclosed structure” means any structure or portion thereof built for the enclosure of property, containing a roof and having exterior walls of the structure or portion thereof constructed in such a manner as to obscure from any street or adjacent property and contents thereof and being of a permanent nature.
4. “Junked” means any vehicle, trailer or semitrailer stored for 48 hours within the corporate limits of Oelwein, Iowa, whether currently licensed or not, which because of any one of the following characteristics constitutes a threat to the public health, welfare, and/or safety;
A. Any vehicle, trailer, or semitrailer which is rendered inoperable because of a missing or broken windshield or window glass, fender, door, bumper, hood, steering wheel, driver’s seat, trunk, fuel tank, two or more wheels, engine, drive shaft, differential, battery, generator or alternator or other component part of an electrical system, or any component or structural part;
B. Any vehicle, trailer or semitrailer which has become the habitat of rats, mice, snakes or any other vermin or insects;
C. Any vehicle, trailer or semitrailer which contains stored gasoline or other fuel, paper, cardboard, wood or other combustible materials, garbage, refuse, solid waste, debris, etc.;
D. Any vehicle, trailer or semitrailer used for storage purposes or harborage, cage or dwelling for animals of any kind;
E. Any other vehicle, trailer or semitrailer which because of its defective or obsolete condition in any other way constitutes a threat to the public health or safety of the citizens of Oelwein, Iowa;
F. Any vehicle which contains gasoline or any flammable fuel and is inoperable;
5. “Nuisance” means whatever is injurious to health, indecent, or offensive to the senses, or an obstruction to the free use of property, so as essentially to interfere with the comfortable enjoyment of life or property.
7. “Stored” means a vehicle, trailer or semitrailer left upon private property for 48 hours.
8. “Semitrailer” means every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
9. “Trailer” means every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
10. “Unlicensed vehicle” means any vehicle which is required to be licensed if it is operated on a public street or highway, but which is not displaying a valid and current license.
11. “Vehicle” means every devise in, upon or by which a person or property is or may be transported or drawn upon a highway or street, excepting devises moved by human power or used exclusively upon stationary rails or tracks, and shall include, without limitation, a motor vehicle, automobile, truck, trailer, motorcycle, tractor, buggy, wagon, farm machinery or any combination thereof.
SECTION 22-232. JUNK VEHICLES DECLARED A NUISANCE.
Except as hereinafter provided, it is declared that the unlawful storage of a junk motor vehicle upon either public or private property within the corporate limits of the City of Oelwein, Iowa, constitutes a threat to the health and safety of the citizens and it is a nuisance. If any junk motor vehicle is unlawfully stored upon public or private property in violation hereof, the owner of said vehicle and the owner of the private property shall be liable for said violation.
SECTION 22-233. NOTICE OF VIOLATION.
Upon discovery of any junk motor vehicle stored upon public or private property in violation of Section 22-232, the Chief of Police or Code Enforcement Officer, or designee, shall cause written notice to be affixed to the vehicle, trailer or semitrailer and shall notify the owner of the junk motor vehicle, all leinholders, if they can be identified, and the owner of the private property by delivering a copy of the notice to the individual personally; or by serving, at the individual’s dwelling house or usual place of abode, any person residing therein who is at least eighteen (18) years old, or by sending a copy thereof by certified mail, return receipt requested. The notice shall contain the following information:
1. That the junk motor vehicle constitutes a nuisance under the provisions of this chapter.
2. A description, to the extent possible, the year, make, model, color and location of the vehicle.
3. That the owner of the junk motor vehicle and/or private property owner must remove the junk motor vehicle or otherwise correct the violation in accordance with this chapter.
4. The failure to comply with the provisions of this code within ten (10) days from the date of service of the notice or date of mailing of notice by certified mail, the owner of the junk motor vehicle and/or the owner of the private property shall be liable for the violation.
5. The junk motor vehicle may be removed by the city and impounded at the junk motor vehicle and/or private property owner’s expenses.
6. Notice shall be deemed given when mailed. If the notice is returned undeliverable by the U.S. Post Office, action to abate the nuisance shall be continued to a date not less than ten (10) days from the date of such action.
7. If the junk motor vehicle is not redeemed within sixty (60) days after impoundment, and no hearing is requested pursuant to the provisions of Section 22-238, the owner of the junk motor vehicle, the property owner and leinholders shall no longer have any right, title, claim or interest in or to the junk motor vehicle.
8. Any person entitled to notice pursuant to this section may request a hearing pursuant to the provisions of Section 22-238.
SECTION 22-234. DUTY OF OWNER TO REMOVE OR REPAIR.
The owner of a junk motor vehicle or private property owner who violates the provisions of this chapter shall within ten (10) days after receipt of the notice of violations, remove the junk motor vehicle to a lawful place of storage; or repair the defects which caused such vehicle to violate the provisions of this chapter, including registration in the case of a motor vehicle not currently registered.
If a hearing is requested pursuant to Section 22-238 the duty of the owner to remove or repair the junk motor vehicle shall be suspended pending the decision.
SECTION 22-235. ABATEMENT.
If the owner of the vehicle or the owner of the private property upon which the junk motor vehicle is located fails to remove or repair the vehicle in accordance with the terms of this chapter, the Chief of Police, Code Enforcement Officer or designee may abate such nuisance by causing the junk motor vehicle to be removed and impounded and sold or disposed of as specified herein; and, the cost of abatement shall be charged to the owner of the junk motor vehicle and/or the private property owner.
SECTION 22-236. REDEMPTION OF IMPOUNDED VEHICLE FEES.
Within sixty (60) days after the impoundment of any junk motor vehicle under this section, the owner thereof may appear and claim the same on the payment of an impoundment fee, and towing and storage charges. Upon payment of said fees and the proof of ownership, said vehicle shall be released. If at the end of the sixty (60) days, no owner claims the junk motor vehicle, the owner of the junk motor vehicle shall no longer have any right, claim, or interest in or to the junk motor vehicle.
SECTION 22-237. EXCEPTIONS.
The following exceptions shall apply to this chapter:
1. The terms and provisions of this chapter shall not apply to any person, firm, association, partnership or corporation that is duly licensed to operate a salvage yard, and is in full compliance with all state and local laws and ordinances.
2. The terms and provisions of this chapter shall not apply to any junk motor vehicle that is stored within an enclosed building as defined in this chapter.
SECTION 22-240. PENALTY.
Any person violating this section or any provisions thereof, or who fails to comply with any order of the health officer or who interferes with or obstructs the health officer in his investigation shall be guilty of a simple misdemeanor and upon conviction thereof may be fined as provided in the general penalty in Section 1-8 of this code. Each day that a violation occurs constitutes a separate offense.
SECTION 22-242. OUTDOOR STORAGE OF MOTOR VEHICLES.
In as much as it is found that the storage of motor vehicles, which are not deemed to be junked, out of doors can detract from the beneficial use and enjoyment of neighboring properties, certain special regulations are established as follows:
1. No person shall keep, store or display one or more motor vehicles out of doors on property zoned for residential use, or permit the parking out of doors of a motor vehicle on residentially zoned property under their ownership, possession or control for more than fifteen (15) days without movement and use of said vehicle as an operating motor vehicle and said vehicles shall only be parked on driveway or similar hard surface.
2. No person shall store or display one or more motor vehicles out of doors on property zoned for commercial use or permit the parking out of doors of a motor vehicle on commercially zoned property under their ownership, possession or control for more than 90 days without movement and use of said vehicle as an operating motor vehicle.
3. The provision of subsection (2) notwithstanding the keeping, parking or storage, out of doors, of any wrecked or demolished motor vehicle, or motor vehicle striped for parts, at the same commercially zoned site for more than sixty days is prohibited.
4. The following shall be exempt from the regulations of this section:
A. Vehicles kept in commercial automobile salvage yards lawfully established and existing prior to December 30, 1957 (date of initial zoning ordinance #346).
B. A “motor home”, pickup truck with camper top, converted bus or van, or similar recreational vehicle, which is currently licensed for operation on the public highways.
C. A motor vehicle currently licensed for operation on the public highways and lawfully parked off the streets while the owner or other person in lawful possession and control thereof, if a resident of this city, is out of the city for more than fifteen (15) days but not more than one hundred eighty days.
D. Vehicles which are immobilized pursuant to an immobilization order of the District Court.
SECTION 16-5. STORING OF GARBAGE AND REFUSE.
All accumulations of garbage and refuse shall be stored or placed for collection in accordance with the following provisions:
1. No person shall place any garbage or refuse in any street, median strip, alley or other public place of travel, nor upon any private property except as stated herein except leaves during authorized collection dates. (Ord. No. 1010, 02-10-2003.)
2. Any unauthorized accumulation of garbage and refuse on any lot, property, premises, public street, alley or other public or private place is hereby declared to be a public nuisance and is prohibited. Failure of the owner or occupant to remove and correct any such unauthorized accumulation of garbage and refuse shall be deemed a violation of this Chapter.
3. It shall be unlawful for any person to place or leave outside any building or dwelling, except as stated herein, any dilapidated furniture, appliance, machinery, equipment, building material, or other item which is either in a wholly or partially rusted, wrecked, junked, dismantled or inoperative condition, and which is not completely enclosed within a building or dwelling. Any such item or items which remain on the property of the occupant for a period of ten (10) days after notice of violation of this section shall be presumed to be abandoned and subject to being removed from the property by the city without further notice. This shall not apply to authorized junk dealers or establishments engaged in the repair, rebuilding, reconditioning or salvaging of equipment who are in compliance with State and local ordinances and Codes.
4. It shall be unlawful for any person to leave outside any building in a place accessible to children any appliance, refrigerator or other container of any kind which has an airtight snap lock or similar devise, without first removing the lock or door from said appliance, refrigerator or container. This provision does not apply to any appliance, refrigerator or container which has been placed on or adjacent to the rear of the building and is crated, strapped or locked to such an extent that it is impossible for a child to obtain access to any airtight compartment thereof.
SECTION 16-11. NOTICE OF VIOLATION.
Upon discovery of any accumulation of garbage and refuse constituting a violation of Section 16-10, the person or persons responsible for said accumulation and the owner of the private property on which said accumulation is located shall receive notice of said violation by delivering a copy of the notice to the individual personally; or by serving, at the individual’s dwelling house or usual place of abode, any person residing therein who is at least eighteen (18) years old; or by sending a copy thereof by certified mail, return receipt requested. The notice shall contain the following information:
1. That the accumulation of garbage or refuse constitutes a nuisance under the provisions of this chapter.
2. That the person or persons responsible for the accumulation and/or private property owner must dispose of the accumulation or otherwise correct the violation in accordance with this chapter.
3. The failure to comply with the provisions of this chapter within seventy-two (72) hours from the date of service of the notice or date of mailing of notice by certified mail, the person or persons responsible for said accumulation and/or the owner of the private property shall be liable for the violation.
4. The failure to remove the garbage and refuse accumulated in violation of this chapter within seventy-two (72) hours of said notice shall be presumed to be abandoned and may be removed by the City and disposed of at the expense of the person or persons responsible for said accumulation and/or the private property owner.
Notice shall be deemed given when mailed.
SECTION 19-3. BOTHERSOME ANIMALS.
It is unlawful for a person to keep within the city such bothersome animals such as cats, bees, cattle, horses, goats, swine, sheep, fowl, cats and barking dogs which tend to disrupt the peace and good order of the community. (Ord. No. 601, Section 1, 8-28-78; Ord. No. 909, 1-23-95.)
It shall be unlawful to permit any animal, including fowl, to run at large. (Ord. No. 91, Section 1, 4-21-13.)
SECTION 19-5. IMPOUNDING - - GENERALLY.
Any animal found running at large or found staked or tied out to graze contrary to the provisions of this chapter shall be impounded. (Ord. No. 91, Section 2, 4-21-13.)
SECTION 19-9. VICIOUS ANIMALS.
1. It shall be unlawful for any person to harbor or keep a vicious animal within the city. This section shall not apply to animals which are kept for the protection of property, provided that such animals are restrained by a leash, chain, cage, fence or other adequate means from contact with the general public or with a person who enters the premises with the actual or implied permission of the owner or occupant, nor to the animals under the control of a law enforcement or military agency.
2. A “vicious animal” as used herein shall mean any animal which has previously attacked or bitten any person or which has behaved in a manner that the person who harbors said animal knows, or should reasonably know, that the animal is possessed of tendencies to attack or bite persons.
3. Enforcement of this section may be accomplished by the city in any manner authorized by law, including an action to abate public nuisance. In addition, any person who harbors or keeps a vicious animal within the city, in violation of this section, upon conviction, shall be guilty of a municipal infraction.
4. In the event of any inconsistency in the application of this provision with Article II hereof pertaining to the regulations of vicious dogs, Article II shall be controlling.
SECTION 19-10. OWNER’S DUTY.
1. It shall be the duty of the owner of any dog, cat, or other animal which has bitten or attacked a person, or any person having knowledge of such bite or attack, to report this act to the chief of police within twenty-four (24) hours.
2. The owner of any dog, cat, or other animal who fails to report to the chief of police as required herein, upon conviction, shall be guilty of a municipal infraction.
3. In the event of any inconsistency in the application of this provision with Article II hereof pertaining to the regulations of vicious dogs, Article II shall be controlling.
SECTION 19-11. CONFINEMENT.
When the chief of police receives information that any person has been bitten by an animal or that a dog or animal is suspected of having rabies, then:
1. Licensed dogs, cats or other animals with a certification it has been vaccinated against rabies shall be ordered confined by the owner as the chief of police directs. If the owner fails to confine such animal in the manner directed, the animal shall be impounded.
2. Unlicensed or unvaccinated dogs, cats or other animals shall be immediately apprehended and impounded by the chief of police.
3. Impounded dogs, cats or other animals shall be held for fourteen (14) days and thereafter may be recovered by the owner upon proper identification, payment of license fees, impounding fee and boarding costs, and the costs of vaccinating if required by Section 19-41. If such animals are not claimed within seven (7) days after notice, they shall be disposed of in a humane manner as directed by the City Council.
4. In the event of any inconsistency in the application of this provision with Article II hereof pertaining to the regulations of vicious dogs, Article II shall be controlling.
SECTIONS 19-12 - - 19-19. Reserved.
SECTION 19-22. AT LARGE PROHIBITED.
No owner of any dog or cat shall permit such dog or cat to run at large, whether the dog or cat be licensed or unlicensed. (Ord. No. 621, Section 5, 4-16-79; Ord. No. 795, 6-22-87.)
SECTION 19-23. ACTIONS OF DOGS OR CATS CONSTITUTING A NUISANCE.
1. It shall be unlawful for an owner of a dog or cat to allow or permit the dog or cat to pass upon the premises of another or the public, thereby creating damage to, soiling of, or interference with the premises.
2. It shall be unlawful for an owner of a dog or cat to allow or permit such dog or cat to cause serious annoyance or disturbance to any person or persons by frequent and habitual howling, yelping, barking or otherwise; or by running after or chasing persons, bicycles, automobiles or other vehicles. (Ord. No. 621, Section 6, 4-16-79.)
SECTION 19-24. IMPOUNDING.
1. Any licensed or unlicensed dog or cat found at large in violation of Section 19-22 shall be seized and impounded; or, at the discretion of the chief of police, the owner may be served a summons to appear before a proper court to answer charges made thereunder.
2. Owners of licensed dogs and cats shall be notified within two (2) days that upon payment of impounding fees of twenty dollars ($20.00) plus cost of food and care in a reasonable amount, the dog or cat will be returned. If the impounded licensed dogs and cats are not recovered by their owners within seven (7) days after notice, the dogs and cats shall be disposed of in a humane manner as directed by the city council.
3. Unlicensed dogs or cats may be recovered by the owner, upon proper identification, by payment of the dog’s or cat’s license fee, impounding fee and boarding costs, and the costs of such vaccination if vaccination is required by Section 19-31. If such dogs or cats can be identified, their owners shall be notified as provided in subsection 2 above. If the owner of a dog or cat cannot be located within seven (7) days, the animal may be humanely destroyed or otherwise disposed of in accordance with law. (Ord. No. 621, Section 7, 4-16-79; Ord. No. 734, Sections 1, 2, 8-8-83; Ord. No. 835, 1-14-91.)
SECTION 19-25. PENALTY.
Any owner violating any of the provisions of this article shall, upon conviction, be guilty of a municipal infraction. (Ord. No. 621, Section 8, 4-16-79; Ord. NO. 795, 6-22-87.)
SECTION 19-26. DEFINITIONS.
As used in Sections 19-26 through 19-33, inclusive, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent:
1. “Vicious Dog” means:
A. Any dog which when unprovoked, in a vicious or terrorizing manner approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places; or
B. Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or
C. Any dog which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation on public or private property; or
D. Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.
Notwithstanding the definition of a vicious dog above, no dog may be declared vicious if an injury or damage is sustained by a person who, at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime.
No dog may be declared vicious if any injury or damage was sustained by a domestic animal which at the time such injury or damage was sustained was teasing, tormenting, abusing or assaulting the dog. No dog may be declared vicious if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.
2. “Enclosure” means a fence or structure of at least six feet “6’) in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the animal from escaping from the enclosure. Any gates or access to the enclosure shall be self closing and equipped with a keyed or combination locking device.
3. “Animal Control Officer” means the Animal Control Warden, the Chief of Police or the Chief’s designee.
4. “Impounded” means taken into custody by the Animal Control Officer.
5. “Persons” means a natural person or any legal entity, including but not limited to, a corporation, firm, partnership or trust.
SECTION 19-27. VICIOUS DOG – DESIGNATION.
In the event that the Animal Control Officer has probable cause to believe that a dog is vicious, said officer shall notify, in writing, by personal service or certified mail, the owner and keeper of said dog, that said dog has been declared a vicious dog.
The written notice shall include:
1. Description of the dog, to the extent possible;
2. State that the dog is vicious pursuant to the provisions of this chapter;
3. State that within five (5) days, exclusive of Saturdays and Sundays, from the receipt of notice the owner or keeper of the dog shall:
A. Register said vicious dog pursuant to the terms and conditions of Section 19-29 below, or;
B. Permanently remove said dog from the city of Oelwein, and submit adequate proof of such removal, or;
C. Destroy said dog in an expeditious and humane manner, and submit adequate written documentation of such act.
4. State that the owner or keeper of the dog may appeal the decision of the Animal Control Officer to the City Council, in writing, within five (5) days, exclusive of Saturdays and Sundays. The notice shall further advise that in the event there is no written notice of appeal filed with the City Clerk within five (5) days, exclusive of Saturdays and Sundays, the right to appeal will be deemed waived and the decision of the Animal Control Officer will be conclusively presumed.
5. State that if the vicious dog has not been registered, removed or destroyed or if no appeal is requested within the five (5) days, exclusive of Saturdays and Sundays, the city will impound the dog and assess the costs against the owner and keeper of the dog.
SECTION 19-28. APPEALS.
Any owner or keeper of a dog that has been declared vicious may appeal to the City Council for review. The appeal must be in writing and received by the City Clerk within five (5) days, exclusive of Saturdays and Sundays, of the Animal Control Officers notice. The City Council shall, within fourteen (14) days of receipt of the appeal, fix the time and place of the hearing, which shall be within thirty days after the filing of the appeal. The City Council, after hearing such testimony and evidence as it may deem proper, shall render its decision. The decision of the City Council shall be final and the Animal Control Officer shall take such action as is necessary to carry out such decision.
In the event that the Animal Control Officer has probable cause to believe that the dog in question is vicious and may pose a threat of serious harm to human beings or other domestic animals, the Animal Control Officer may seize and impound the dog pending the appeal. The owner or keeper of the dog shall be liable to the City of Oelwein for the costs and expenses of keeping such dog if the dog is found to be a vicious dog.
SECTION 19-29. REQUIREMENTS FOR REGISTRATION.
1. No vicious dog shall be licensed by the City of Oelwein for any licensing period commencing after the effective date of this ordinance unless the owner or keeper of such vicious dog shall meet the following requirements:
A. The owner or keeper shall present to the city or town clerk or other licensing authority, proof that the owner or keeper has procured liability insurance issued by an insurance company licensed to do business in the State of Iowa, in the amount of at least one hundred thousand dollars ($100,000.00) covering any damage or injury which may be caused by such vicious dog during the twelve (12) month period for which licensing is sought, which policy shall contain a provision requiring the city or town to be named as additional insured for the sole purpose of the city or town clerk or other licensing authority where such dog is licensed to be notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.
B. The owner or keeper shall cause the vicious dog to be identified by means of a special blaze orange collar visible from a distance of 100 feet, which the dog must wear at all times.
C. The owner or keeper shall display a sign on his or her premises warning that there is a vicious dog on the premises. Said sign shall be visible and capable of being read from the public highway.
D. The owner or keeper shall sign a statement attesting that:
1. The owner or keeper shall maintain and not voluntarily cancel the liability insurance required by this section during the twelve (12) month period for which licensing is sought, unless the owner or keeper shall cease to own or keep the vicious dog prior to expiration of such license.
2. The owner or keeper shall, on or prior to the effective date of such license for which application is being made, have an enclosure for the vicious dog on the property where the vicious dog will be kept or maintained.
3. The owner or keeper shall notify the licensing authority and the animal control warden immediately if a vicious dog is on the loose, is unconfined, has attacked another animal or has attacked a human being, or has died or has been sold or given away. If the vicious dog has been sold or given away the owner or keeper shall also provide the licensing authority with the name, address and telephone number of the new owner of the vicious dog.
2. The Animal control Officer is hereby empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this chapter, and any such officer is hereby empowered to seize and impound any vicious dog whose owner or keeper fails to comply with the provisions hereof.
In the event that the owner or keeper of the dog refuses to surrender the animal to the officer, the officer may request a police officer to obtain a search warrant to seize the dog upon execution of the warrant.
Notwithstanding any other provisions of this code, any person in possession of a vicious dog upon the effective date of this ordinance shall have fourteen days to amend any current license application to show compliance with Section 19-29 of this code.
SECTION 19-30. CONTROL OF VICIOUS DOGS.
All vicious dogs shall be confined in an enclosure. It shall be unlawful for any owner or keeper to maintain a vicious dog upon any premises which does not have a locked enclosure.
It shall be unlawful for any owner or keeper to allow any vicious dog to be outside of the dwelling of the owner or keeper or outside of the enclosure unless it is necessary for the owner or keeper to obtain veterinary care for the vicious dog or to sell or give away the vicious dog or to comply with commands or directions of the animal control warden with respect to the vicious dog, or to comply with the provisions of Section 19-27(3) of this Chapter. In such event, the vicious dog shall be securely muzzled and restrained with a chain having a minimum tensile strength of three hundred (300) pounds and not exceeding three feet (3’) in length, and shall be under the direct control and supervision of the owner or keeper of the vicious dog.
SECTION 19-40. REQUIRED.
The owner of any dog or cat over four (4) months old, except dogs kept in State or Federally licensed kennels and not allowed to run at large, shall annually obtain a license therefore from the City Clerk. (Ord. No. 835, 1-14-91.)
SECTION 19-41. INOCULATION AGAINST RABIES REQUIRED.
1. All dogs and cats four (4) months or older shall be vaccinated against rabies. Before issuance of the license, the owner shall furnish a veterinarian’s certificate showing that the dog or cat for which the license is sought has been vaccinated and that the vaccination does not expire within six (6) months from the effective date of the dog or cat license. It shall be a violation of this article for any dog or cat to not be vaccinated against rabies. A tag showing evidence of proper vaccination shall be worn by every dog or cat when not confined.
SECTION 19-42. FORM OF APPLICATION.
The application for license shall be in writing on blanks furnished by the City Clerk and shall state the breed, sex, age, color, markings and name, if any, of the dog or cat and the address of the owner and the application shall be signed by the owner.
SECTION 19-43. TIME TO OBTAIN.
The owner of a dog or cat for which a license is required shall secure it on or before the first day of January of each year. If a dog or cat not licensed by the city has come into possession of the owner or has reached the age of four (4) months after the first day of January, the license shall be secured at that later time.
SECTION 19-44. TIME OF EXPIRATION.
All licenses shall expire on the first day of January of the year following the date of issuance.
SECTION 19-45. FEES.
The annual city license fee for dogs and cats shall be three ($3.00) for each male dog or cat, five dollars ($5.00) for each female dog or cat and three dollars ($3.00) for each spayed dog or cat.
SECTION 19-46. DELINQUENCY PENALTY.
All unpaid license fees shall become delinquent on the first day of July of the year of which they are due and payable and from and after said date a penalty of two dollars ($2.00) shall be added to each delinquent license fee. (Ord. No. 815, 1-10-89; Ord. No. 909, 1-23-95.)
SECTION 19-47. LICENSE AND TAG.
1. Upon payment of the license fee, the City Clerk shall issue to the owner a license which shall contain the name of the owner, his place of residence and a description of the dog. The City Clerk shall keep a duplicate of each license issued as a public record.
2. Upon issuance of the license, the City Clerk shall deliver to the owner a metal tag stamped with the number of the license and the year for which it is issued. The license tag shall be securely fastened to a collar or harness which shall be worn by the dog or cat for which the license is issued. The metal tag shall also have stamped thereon that it has been issued by the City of Oelwein.
3. Any dog or cat found running at large without the license tag attached to its collar or harness shall be deemed unlicensed.
4. Upon the filing of an affidavit that the license tag has been lost or destroyed, the owner may obtain another tag on the payment of one dollar ($1.00). The City Clerk shall enter in the license record the new number assigned.
5. A license tag issued for a dog or cat shall not be transferred to another dog or cat.
(Ord. No. 815, 1-10-89; Ord. No. 909, 1-23-95.)
SECTION 20-5. MISREPRESENTATION OF AGE TO PURCHASE.
No person under legal age shall misrepresent the person’s age for the purpose of purchasing or attempting to purchase any alcoholic beverage, wine or beer from any licensee or permittee. If any person under legal age misrepresents the person’s age, and the licensee or permittee establishes that the licensee or permittee made reasonable inquiry to determine whether the prospective purchase was over legal age, the licensee or permittee is not guilty of selling alcoholic liquor, wine or beer to minors. (Ord. No. 795, 6-22-87.)
SECTION 20-8. OPEN CONTAINER IN PUBLIC PLACE.
It is unlawful for any person to possess alcoholic beverages, wine or beer, in any open container on any street, sidewalk or other public place, except premises, covered by a liquor control licenses, with the intent to consume the alcoholic beverage, wine or beer on such street, sidewalk or other public place. Evidence that an open receptacle containing an alcoholic beverage, wine or beer was found during an authorized search, is evidence from which the court or jury may infer the person intended to consume the alcoholic beverage, wine or beer while upon the public street, sidewalk or other public place if the inference is supported by other corroborative evidence.
This provision shall not be construed to prohibit the use and consumption of alcoholic liquor, wine or beer in the areas of municipal parks not designated for vehicular traffic. Keg beer shall remain prohibited in all areas of municipal parks. (Ord. No. 835, 1-14-91.)
SECTION 22-90. PARKING POSITION.
SECTION 22-91. MAXIMUM PARKING TIME GENERALLY; TOWING.
It shall be unlawful to park or leave any vehicle on any street in the city during any time of the year, for a continuous period over seventy-two (72) hours, and any such vehicle may be towed away at the expense of the owner and placed in out-door storage. (Ord. No. 395, Section 3, 3-25-63; Ord. No. 795, 6-22-87.)
SECTION 22-119. SAME – EARLY MORNING HOURS.
Between the hours of 2:00 A.M. and 6:00 A.M., it shall be unlawful for any person to park or cause to be parked any vehicle in the following designated areas: (Ord. No. 900, Section 1, 05-09-94.)
1. North Frederick Avenue from the north line of East Charles Street and West Charles Street to the south line of the bridge just south of Second Street Northeast and Second Street Northwest.
2. South Frederick Avenue from the south line of East Charles Street and West Charles Street to the right-of-way just south of Third Street Southeast.
4. First Avenue Southeast from the south line of East Charles Street, south to the north line of First Street Southeast.
5. First Avenue Southwest from the south line of West Charles Street to the north line of First Street Southwest.
6. West Charles Street from the west line of North Frederick Avenue and South Frederick Avenue to the Chicago Northwestern Transportation Company right-of-way.
7. First Street Southeast from the East line of South Frederick Avenue to Second Avenue Southeast.
8. First Street Southeast from the east line of South Frederick Avenue to First Avenue Southeast.
9. Second Street Southeast from the east line of South Frederick Avenue to the alley between Frederick Avenue and First Avenue Southeast.
10. The south half of old city hall parking lot. (Ord. No. 900, Section 2, 05-09-94.)
(Ord. No. 262, Section 6, 11-6-39; Ord. No. 263, 3-4-40; Ord. No. 269, Section 4, 11-18-41.)
SECTION 22-101. PARKING VEHICLES ON ALTERNATE SIDES OF STREETS AFTER SNOWSTORM.
1. Restricted Street and Avenue Parking: After declaration of a snow removal emergency by the Mayor of the City of Oelwein and publication of notice of the parking restriction herein, it shall be unlawful for any person to park or leave unattended or unoccupied any vehicle along the curbside of any public street or avenue between the hours of midnight and 9:00 P.M. on the side of such street or avenue on which houses are identified with even numbered addresses on even numbered days of the calendar and on the side of such street or avenue on which houses are identified with odd-numbered addresses on odd-numbered days of the calendar. Said parking restriction shall apply until said restriction is lifted by subsequent declaration of the mayor by radio or newspaper announcement.
2. Restricted Parking in Municipal Parking Lots. After the declaration of a snow removal emergency by the Mayor of the City of Oelwein and publication of notice thereof, it shall be unlawful for any person to park or leave unattended or unoccupied any vehicle in the North Municipal Parking Lot; the municipal parking lot located in the 100 Block of 1st Avenue SW, and, the City Hall Municipal Parking Lot, on even numbered days of the calendar and in the South Municipal Parking Lot; and the municipal parking lots located on the East and West side of the 10 Block of 1st Avenue NE, on odd numbered days of the calendar until said restriction is lifted by subsequent declaration of the Mayor by radio or newspaper announcement.
3. Penalties. Any vehicle parked or left unattended or unoccupied upon a street, avenue or municipal parking lot in violation of this section may be towed or removed at the expense of said vehicle’s registered owner, and in addition thereto, the registered owner of said vehicle shall be subject to a fine for illegal parking.
(Ord. No. 989, Sections 1 through 3, 01-08-2001.)
SECTION 22-126. SNOW EMERGENCY PARKING BAN.
1. Snow routes designated. The following public streets and avenues within the City of Oelwein, Iowa, are hereby designated official snow routes, and shall be so identified by signs conforming to Iowa Department of Transportation guidelines:
A. FREDERICK & CHARLES
1. West Charles from Frederick Avenue west to city limit;
2. No parking on all of Frederick and Charles on snow nights. Charles and Frederick are designated as snow routes.
1. First Street Northeast from North Frederick to East Line Road;
2. First Avenue Northeast from New Highway 150 to Ninth Street Northeast;
3. Fifth Street Northeast from Frederick Avenue to Eighth Avenue Northeast;
3.1. Sixth Street Northeast from North Frederick Avenue to Eighth Avenue Northeast (Ord. No. 934, 02-11-1997.);
4. Eighth Avenue Northeast from East Charles Street to Sixth Street Northeast;
1. Second Avenue Northwest from West Charles Street to Sixth Street Northwest;
2. Third Street Northwest from Sixth Avenue Northwest to Thirteenth Avenue Northwest (Ord. No. 934, 02-11-1997.);
3. Fourth Street Northwest from Frederick Avenue to Third Avenue Northwest;
4. Fifth Street Northwest from Frederick Avenue to Third Avenue Northwest;
5. Sixth Avenue Northwest from West Charles to Third Street Northwest; (Ord. No. 813, 11-29-88.)
6. Eighth Avenue Northwest from West Charles Street to Third Street Northwest.
1. Second Street Southeast from South Frederick Avenue to Eighth Avenue Southeast;
2. Second Avenue Southeast from Seventh Street Southeast to Tenth Street Southeast;
3. Seventh Street Southeast from South Frederick to Eighth Avenue Southeast;
4. Eighth Avenue Southeast from Seventh Street Southeast to East Charles Street;
5. Tenth Street Southeast from South Frederick Avenue to Second Avenue Southeast;
6. Twelfth Avenue Southeast from Charles to Junior High School.
7. That portion of Eastline (Outer) Road within the city limits as posted from East Charles south to 18th Street (Ord. No. 934, 02-11-1997.);
8. That portion of 18th Street within the city limits as posted from Outer Road to Park Road (Ord. No. 934, 02-11-1997.)
1. First Avenue Southwest from Seventh Street Southwest to Tenth Street Southwest;
2. Three and one-half Street from Fifth Avenue Southwest to Sixth Avenue Southwest;
3. Fourth Street Southwest from South Frederick to Eighth Avenue Southwest;
4. Fifth Avenue Southwest from Three and One-half Street to Fourth Street Southwest;
5. That portion of Sixth Avenue Southwest within the city limits as posted from West Charles to Tenth Street Southwest (Ord. No. 934, 02-10-1997.);
6. Seventh Street Southwest from South Frederick Avenue to Sixth Avenue Southwest;
7. Eighth Avenue Southwest from West Charles Street to Fourth Street Southwest;
2. Snow removal emergency. A snow removal emergency shall be deemed to exist after an accumulation of three (3) inches or more of snow, or after declaration of a snow removal emergency by the mayor of the City of Oelwein, through a public radio or newspaper announcement, and shall be deemed to continue for a period of twenty-four (24) hours thereafter unless such period shall be shortened or extended by declaration of the mayor of Oelwein through a public radio or newspaper announcement.
3. Parking restrictions. It shall be unlawful for any person to park or leave unattended or unoccupied any vehicle upon a designated snow route within the City of Oelwein, Iowa, during the existence of a snow removal emergency.
4. Limitations. The parking restrictions at subsection (c) shall be inapplicable to vehicles parked upon a street within a city block in any designated snow route that has been cleared of snow from curb to curb, for the entire length of the block.
5. Penalties. Any vehicle parked or left unattended upon a designated snow route in violation of this section may be towed or removed at its owner’s expense through police authorization, and the owner of any vehicle parked or left unattended in violation of this section shall be subject to fine for illegal parking.
6. Provisions to control. The provisions of this section shall, during the existence of a snow removal emergency, supersede all other parking regulations in force and effect on any designated snow route. (Ord. No. 778, Section 1, 10-13-86.)
All persons using or operating bicycles upon any street within the city shall observe all traffic rules as to traffic lights and highway stop signs and shall signal any change of direction or course of travel in the same manner as such signals are required under the law governing the use of motor vehicles upon streets and highway, and shall not turn left in traffic except at regular intersections of streets or alleys and shall not weave in and out of traffic. (Ord. No. 267, Section 9, 6-17-41.)
State law reference – Similar provisions, Section 321.234 (2), Iowa Code.
SECTION 22-196. LIGHTS.
All bicycles used within the city between sunset and sunrise shall display a headlight on the forward part of the bicycle exhibiting a white light visible from a distance of at least three hundred feet (300’), said headlight to be stationary. There shall be displayed on the rear part of the bicycle a lamp exhibiting a red light visible for a distance of three hundred feet (300’) to the rear, or a red reflector not to be smaller than one and one-half inches (1 1/2") in diameter, visible by reflected light for a distance of three hundred feet (300’) to the rear. (Ord. No. 267, Section 6, 6-17-41.)
SECTION 22-197. SINGLE-FILE RIDING, ON RIGHT, REQUIRED.
Bicycle shall be ridden single file. Bicycle shall at all times be operated as near the right curb as possible. (Ord. NO. 267, Section 7, 6-17-41.)
SECTION 22-199. TOWING; BEING TOWED; FOLLOWING FIRE APPARATUS.
It shall be unlawful for any person riding a bicycle to be towed or to tow any other vehicle upon the streets of the city. It shall also be unlawful for any person riding a bicycle to follow a fire truck or other fire equipment at any time. (Ord. No. 267, Section 10, 6-17-41.)
SECTION 22-200. PASSENGERS.
Passengers shall not be carried upon a bicycle at any time except upon a suitable device construed for the specific purpose, located over the rear wheel. (Ord. No. 267, Section 11, 6-17-41.)
SECTION 22-201. IMPROPER OPERATION.
It shall be unlawful for any person riding a bicycle within the city to ride in an irregular or reckless manner such as zigzagging, stunting, speeding or otherwise riding with disregard for either the operator’s safety or the safety of others. (Ord. No. 267, Section 12, 6-17-41.)
SECTION 22-202. RIDING ON SIDEWALKS.
No person shall ride any bicycle, skateboard, roller skates or roller blades upon any sidewalk in an area zoned C-1 - - Central Business District within the city limits of Oelwein, Iowa. Bicycles, skateboards, roller skates or roller blades may be ridden in a reasonable and prudent manner upon any sidewalk in areas zoned other than C-1 - - Central Business District. All riders of bicycles, skateboard, roller skates and roller blades must yield to pedestrians. (Ord. No. 926, 07/08/1996.)
SECTION 23-26. OBSTRUCTING BUSINESSES AND SIDEWALKS.
It shall be unlawful for any person or persons to congregate, stand, loaf or loiter upon any street, sidewalk, bridge or crossing so as to obstruct the same, hinder or prevent persons passing or attempting or desiring to pass thereon; or to congregate, stand, loaf or loiter in or in front of any hall, lobby, doorway, passage or entrance of any public building, theater, hotel, eating house, lodging house, office building, store, shop, office or factor or other like building so as to obstruct the same, hinder or prevent persons walking along or into or out of the same or attempting or desiring to do so. (See City of Des Moines v. Lavigne, 257 N.W. 2d 485 (Iowa 1977).) (Ord. No. 641, Section 1, 9-24-79; Ord. No. 1010, 02-10-2003.)
SECTION 23-42. URINATION OR DEFECATION IN OR UPON ANY STREET, ALLEY, ETC., PROHIBITED.
It shall be unlawful for any person or urinate or defecate in or upon any street, alley, public place or in any place open to public view, provided that this section shall not apply to restrooms or public facilities designated for such purpose.
Any person who violates any provisions of this section shall be guilty of a simple misdemeanor and upon arrest and conviction thereof shall be punished as provided in Section 1-8 of the Code of Ordinances of the City of Oelwein, Iowa, punished as provided in Section 1-10. (Ord. No. 693, Section 1, 9-28-81; Ord. No. 795, 06-22-87.)
SECTION 23-43. WEAPONS – DISCHARGING FIREARMS OR EXPLOSIVES.
It shall be unlawful for any person other than a duly authorized peace officer to unnecessarily discharge any firearm, rifle, gun or pistol, which uses a mechanical spring or compressed air or gas to propel a projectile such as, but not limited to, air C02, BB, or pellet, or to throw any explosive into any street. (Ord. No. 51, Section 13, 6-9-1893; Ord. No. 835, 1-14-1991.)
SECTION 23-49. SAME – ON STREETS; THROWING STONES, SNOWBALLS, ETC; SHOOTING BOWS AND ARROWS, ETC.
It shall be unlawful for any person to play ball or throw stones, snowballs, or shooting BB guns, or other things, in the street, alley, or public parking lot in the city; or to shoot with or use any bow and arrow, or to use any rubber gun, slingshot or other dangerous toy or instrument anywhere within the city; except with prior written consent of the Oelwein City Council. (Ord. No. 51, Section 24, 6-9-1893; Ord. No. 981, 04-24-2000; Ord. No. 1010, 02-10-2
SECTION 23-62. COASTING OR SLEDDING ON STREETS.
It shall be unlawful for any person to coast or sled down any of the streets or sidewalks of the city, except at particular places and during particular times as may be designated by the city council. (Ord. No. 51, Section 8, 6-9-1884.)
SECTION 23-28. DEPOSITING SNOW ON CITY STREETS AND SIDEWALKS.
1. Prohibited. It shall be unlawful to deposit from private parking lots, service station driveways, banks or other drive-in facilities, driveways and parking areas of garages, restaurants, churches, fraternal organizations, private recreational facilities, real estate and professional offices, and other similar private businesses and organizations, including school district property, any snow on city streets, or parking and sidewalks adjacent thereto.
2. Penalty. Anyone violating any of the provisions of this section, including employers, firms and organizations directing such deposits to be made, shall, upon conviction, be subject to imprisonment not exceeding thirty (30) days, or a fine not exceeding one hundred dollars ($100.00). Each day that a violation continues to exist shall constitute a separate offense. In addition, the cost of removal of such deposits by the city shall be assessed against the property from which such snow is removed at such rates as may be established from time to time by resolution of the city council. (Ord. No. 585, Sections 1 through 3, 5-8-78.)
SECTION 22-13. CLINGING TO VEHICLES.
No person shall drive a motor vehicle on the streets of this City unless all passengers of the vehicle are inside the vehicle in the place intended for their accommodation, except where said passenger is necessary to secure the contents conveyed in a pickup or truck box when said vehicle is not operated at a speed in excess of fifteen miles per hour.
No person shall ride on the running board, bumper or hood of a motor vehicle or in any other place not customarily used for carrying passengers.
No person riding upon a bicycle, coaster, roller skates/blades, sled or toy vehicle shall attach same or himself or herself to any vehicle upon a roadway. (Ord. No. 51, Section 34, 6-9-93; Ord. No. 909, 1-23-95.)
SECTION 23-71. DEFINITION.
The term minor, as used in Sections 23-72 through 23-77, inclusive, shall mean any unemancipated person below the age of fourteen (14) years. (Ord. No. 1010, 02-10-2003.)
SECTION 23-72. CURFEW.
It shall be unlawful for any minor to be or remain or to travel, loiter, wander, stroll, or play in or upon any of the alleys, streets, public places, places of business, places of amusement, buildings, vacant lots, or other unsupervised places in the City of Oelwein, Iowa, from 11:00 P.M. until 5:00 A.M. on any day of the week or on any weekend. (Ord. No. 1010, 02-10-2003.)
SECTION 23-73. EXCEPTIONS.
The restrictions provided herein shall not apply to any minor who is accompanied by a parent, guardian, or other person charged with the care and custody of such minor, or other responsible person eighteen (18) years of age or older, nor shall the restriction apply to any minor who is traveling between his/her home or place of residence and any approved place of employment, or where a church, municipal or school function is being held, or unless said minor is upon an emergency errand, or unless such minor has a written consent currently dated, signed by a parent, guardian, or other adult person responsible for, or having legal custody of such minor, stating the reason such minor is in the prohibited place after curfew, and if the place or places is connected with and required by some legitimate business, trade, profession or occupation in which the minor is permitted by law to be engaged or unless the parent, guardian, or other adult person responsible for or having the legal care, custody and control of said minor reports to the Police Department that said minor is in violation of Section 23-72 without permission. Such report shall be made no later than two (2) hours after the responsible adult, as defined in Section 23-74 becomes aware that the minor is in violation of Section 23-72.
SECTION 23-74. RESPONSIBILITY OF ADULTS.
It is unlawful for any parent, guardian or other adult responsible for or having the legal care, custody and control of any minor to allow, permit or suffer such minor to violate the provisions of this ordinance, except as provided in Section 23-73.
SECTION 23-75. RESPONSIBILITY OF BUSINESS ESTABLISHMENTS.
It is unlawful for any person, firm or corporation operating a place of business or amusement to allow, permit or suffer any minor to be in or upon any place of business or amusement operated by them within the curfew hours set forth herein, except as otherwise provided herein. When such owner, operator or person in charge of such place of business or amusement finds such minor or minors on or upon the premises, he/she shall order such person to leave, and if such minor refuses, the owner, operator or other person in charge of the place of business shall notify the Police Department and inform them or the violation.
SECTION 23-76. PENALTIES.
Any minor, parent, guardian, or other adult person responsible for or having the legal care, custody and control of any minor who allows, permits, or suffers such minor to violate any of the provisions of this ordinance shall be guilty of a simple misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one hundred dollars ($100.00) for the first offense and two hundred fifty dollars ($250.00) for second and subsequent offenses. (Ord. No. 1010, 02-10-2003.)
Any person, firm or corporation operating a place of business or amusement who allows, permits or suffers any minor to be in or upon any place of business or amusement within the curfew hours, except as otherwise herein provided, and fails to order such minor to leave, or fails to notify the Police Department that such minor was ordered to leave that that the minor has failed to leave, shall be guilty of a simple misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one hundred dollars ($100.00).