CHAPTER 45

PUBLIC OFFENSES

45.01       Assault                                                                    45.13       Barbed Wire and Electric Fences

45.02       Harassment                                                             45.14       Discharging Weapons

45.03       Disorderly Conduct                                                45.15       Throwing and Shooting

45.04       Unlawful Assembly                                                 45.16       Criminal Mischief

45.05       Failure to Disperse                                                  45.17       Defacing Proclamations or Notices

45.06       Urinating and Defecating                                        45.18       Unauthorized Entry

45.07       Distributing Dangerous Substances                       45.19       Trespassing Prohibited

45.08       False Reports to or Communications with              45.20       Fraud

                Public Safety Entities                                              45.21       Theft

45.09       Refusing to Assist Officer                                       45.22       Fireworks Permit

45.10       Harassment of Public Officers and Employees      45.23       Obstructing Drainage

45.11       Abandoned or Unattended Refrigerators                45.24       Anhydrous Ammonia

45.12           Antenna and Radio Wires

45.01   ASSAULT:  No person shall, without justification, commit any of the following:

1.         Pain or Injury.  Any act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act. (Code of Iowa, Sec. 708.1[1])


2.                  Threat of Pain or Injury.  Any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act. (Code of Iowa, Sec. 708.1[2])

 However, where the person doing any of the above enumerated acts, and such other person, are voluntary participants in a sport, social or other activity, not in itself criminal, and such act is a reasonably foreseeable incident of such sport or activity, and does not create an unreasonable risk or serious injury or breach of the peace, the act is not an assault.  Provided, where the person doing any of the above enumerated acts is employed by a school district or accredited nonpublic school, or is an area education agency staff member who provides services to a school or school district, and intervenes in a fight or physical struggle, or other disruptive situation that takes place in the presence of the employee or staff member performing employment duties in a school building, on school grounds or at an official school function regardless of the location, the act is not an assault, whether the fight or physical struggle or other disruptive situation is between students or other individuals if the degree and the force of the intervention is reasonably necessary to restore order and to protect the safety of those assembled.  (Code of Iowa, Sec. 708.1)

45.02   HARASSMENT.  No person shall commit harassment.

1.         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.  (Code of Iowa, Sec. 708.7)

      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 other person. (Code of Iowa, Sec. 708.7)

      C.        Ordered merchandise or services in the name of another, or to be delivered to another, without such other person’s knowledge or consent.
(Code of Iowa, Sec. 708.7)

    

      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 same did not occur.  (Code of Iowa, Sec. 708.7)

                   2.         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.

45.03   DISORDERLY CONDUCT.  No person shall do any of the following:

      1.         Fighting.  Engage in fighting or violent behavior in any public place or in or near any lawful assembly of persons, provided that participants in athletic contests may engage in such conduct which is reasonably related to that sport.  (Code of Iowa, Sec. 723.4 [1])

       2.         Noise.  Make loud and raucous noise in the vicinity of any residence or public building which causes unreasonable distress to the occupants thereof. (Code of Iowa, Sec. 723.4 [2])

      3.         Abusive Language.  Direct abusive epithets or make any threatening gesture which the person knows or reasonably should know is likely to provoke a violent reaction by another.  (Code of Iowa, Sec. 723.4 [3])

     4.         Disrupt Lawful Assembly.  Without lawful authority or color of authority, disturb any lawful assembly or meeting of persons by conduct intended to disrupt the meeting or assembly.  (Code of Iowa, Sec. 723.4 [4])

     5.         False Report of Catastrophe.  By words or action, initiate or circulate a report or warning of fire, epidemic, or other catastrophe, knowing such report to e false or such warning to be baseless.  (Code of Iowa, Sec. 723.4 [5])

      6.         Disrespect of Flag.  Knowingly and publicly use the flag of the United States in such a manner as to show disrespect for the flag as a symbol of the United States, with the intent or reasonable expectation that such use will provoke or encourage another to commit a public offense.  (Code of Iowa, Sec. 723.4 [6])

      7.         Obstruct Use of Street.  Without authority or justification, obstruct any street, sidewalk, highway, or other public way, with the intent to prevent or hinder its lawful use by others.  (Code of Iowa, Sec. 723.4 [7])

 45.04   UNLAWFUL ASSEMBLY.  It is unlawful for three (3) or more persons to assemble together, with them or any of them acting in a violent manner, and with intent that they or any of them will commit a public offense.  No person shall willingly join in or remain part of an unlawful assembly, knowing or having reasonable grounds to believe it is such. (Code of Iowa, Sec. 723.2)

 45.05   FAILURE TO DISPERSE.  A peach officer may order the participants in a riot or unlawful assembly or persons in the immediate vicinity of a riot or unlawful assembly to disperse.  No person within hearing distance of such command shall refuse to obey.  (Code of Iowa, Sec. 723.3)

45.06   URINATING AND DEFECATING.  It is unlawful for any person to urinate or defecate onto nay sidewalk, street, alley, or other public way, or onto any public or private building, including but not limited to the wall, floor, hallway, steps, stairway, doorway or window thereof, or onto public or private land.

45.07   DISTRIBUTING DANGEROUS SUBSTANCES.  No person shall distribute samples of any drugs or medicine, or any corrosive, caustic, poisonous or other injurious substance unless the person delivers such into the hands of a competent person, or otherwise takes reasonable precautions that the substance will not be taken by children or animals from the place where the substance is deposited.  (Code of Iowa, Sec. 727.1)

45.08      FALSE REPORTS TO OR COMMUNICATIONS WITH PUBLIC SAFETY ENTITIES.  No person shall do any of the following:  (Code of Iowa, Sec. 718.6)

      1.         Report or cause to be reported false information to a fire department, a law enforcement authority or other public safety entity, knowing that the information is false, or report the alleged occurrence of a criminal act knowing the act did not occur.

      2.                  Telephone an emergency 911 communications center, knowing that he or she is not reporting an emergency or otherwise needing emergency information or assistance.

      3.         Knowingly provide false information to a law enforcement officer who enters the information on a citation.

 45.09   REFUSING TO ASSIST OFFICER.  Any person who is requested or ordered by any magistrate or peace officer to render the magistrate or officer assistance in making or attempting to make an arrest, or to prevent the commission of any criminal cat, shall render assistance as required.  No person shall unreasonably and with out lawful cause, refuse or neglect to render assistance when so requested. (Code of Iowa, Sec. 719.2)

45.10   HARASSMENT OF PUBLIC OFFICERS AND EMPLOYEES.  No person shall willfully prevent or attempt to prevent any public officer or employee from performing the officer’s or employee’s duty. (Code of Iowa, Sec. 718.4)

45.11   ABANDONED OR UNATTENDED REFRIGERATORS.  No person shall abandon or otherwise leave unattended any refrigerator, ice box, or similar container, with doors that may become locked, outside of buildings and accessible to children, nor shall any person allow any such refrigerator, ice box or similar container, to remain outside of buildings on premises in the persons possession or control, abandoned or unattended and so accessible to children.
(Code of Iowa, Sec. 727.3)

45.12   ANTENNA AND RADIO WIRES.  It is unlawful for a person to allow antenna wires, antenna supports, radio wires or television wires to exist over any street, alley, highway, sidewalk, public way, public ground or public building without written consent of the Council.  (Code of Iowa, Sec. 364.12 [2])

45.13   BARBED WIRE AND ELECTRIC FENCES.  It is unlawful for a person to use barbed wire or electric fences to enclose land within the City limits without the written consent of the Council unless such land consists of ten (10) acres or more and is used as agricultural land.  Said fence(s) in place prior to the adoption of this Code of Ordinances shall be exempt.

 45.14   DISCHARGING WEAPONS.

      1.         It is unlawful for a person to discharge rifles, shotguns, revolvers, pistols, guns or other firearms of any kind within the City limits except by written consent of the Council.

      2.         No person shall intentionally discharge a firearm in a reckless manner.

45.15   THROWING AND SHOOTING.  It is unlawful for a person to throw stones, bricks or missiles or any kind or to shoot arrows, rubber guns, slingshots, air rifles or other dangerous instruments or toys on or into any street, highway, alley, sidewalk, public way, public ground or public building, without written consent of the Council.  (Code of Iowa, Sec. 364.12 [2])

 45.16   CRIMINAL MISCHIEF.  It is unlawful, for nay person who has no right to do so, to intentionally damage, deface alter or destroy tangible property.
(Code of Iowa, Sec. 716.1)

45.17   DEFACING PROCLAMATIONS OR NOTICES.  It is unlawful for a person intentionally to deface, obliterate, tear down, or destroy in whole or in part, any transcript or extract from or of any law of the United States or the State, or any proclamation, advertisement or notification, set up at any place within the City by authority of the law or by order of any court, during the time for which the same is to remain set up. (Code of Iowa, Sec. 716.1)

45.18   UNAUTHORIZED ENTRY.  No unauthorized person shall enter or remain in or upon any public building, premises or grounds in violation of any notice posted thereon or when said building, premises or grounds are closed and not open to the public.  When open to the public, a failure to pay any required admission fee also constitutes an unauthorized entry.

45.19   TRESPASSING PROHIBITED.  It is unlawful for a person to knowingly trespass upon the property of another.  As used in this section, the term “property” includes any land, dwelling, building, conveyance, vehicle or other temporary or permanent structure whether publicly or privately owned.  The term “trespass” means one or more of the following acts: (Code of Iowa, Sec. 716.7 and 716.8)

       1.         Entering Property Without Permission.  Entering upon or in property without the express permission of the owner, lessee, or person in lawful possession with the intent to commit a public offense or to use, remove therefrom, alter, damage, harass, or place thereon or therein anything animate or inanimate.  (Code of Iowa, Sec. 716.7[2a])
       2.         Entering or Remaining on Property.  Entering or remaining upon or in property without justification after being notified or requested to abstain from entering or to remove or vacate therefrom by the owner, lessee, or person in lawful possession, or by any peace officer, magistrate, or public employee whose duty it is to supervise the use or maintenance of the property.  (Code of Iowa, Sec 716.7 [2b])
       3.         Interfering with Lawful Use of Property.  Entering upon or in private property for the purpose or with the effect of unduly interfering with the lawful use of the property by others. (Code of Iowa, Sec. 716.7 [2c])
       4.         Using Property Without Permission.  Being upon or in property and wrongfully using, removing therefrom, altering, damaging, harassing, or placing thereon or therein anything animate or inanimate, without the implied or actual permission of the owner, lessee, or person in lawful possession.
(Code of Iowa, Sec. 716.7 [2d])

None of the above shall be construed to prohibit entering upon the property of another for the sole purpose of retrieving person property which has accidentally or inadvertently been thrown, fallen, strayed, or blown onto the property of another, provided that the person retrieving the property takes the most direct and accessible route to and from the property to be retrieved, quits the property as quickly as is possible, and does not unduly interfere with the lawful use of the property. (Code of Iowa, Sec 716.7 [3])

45.20   FRAUD.  It is unlawful for any person to commit a fraudulent practice as defined in Section 714.8 of the Code of Iowa. (Code of Iowa, Sec. 714.8)

45.21   THEFT.  It is unlawful for any person to commit theft as defined in Section 714.1 of the Code of Iowa.  (Code of Iowa, Sec. 714.1)

45.22   FIREWORKS PERMIT.  It is unlawful for any person to use or explode any fireworks as defined in Section 727.2 of the Code of Iowa; provided the City may, upon application in writing, grant a permit for the display of fireworks by a City agency, fair associations, amusement parks and other organizations or groups of individuals approved by City authorities when such fireworks display will be handled by a competent operator.  No permit shall be granted hereunder unless the operator or sponsoring organization has filed with the City evidence of insurance in the following amounts:
     1.         Personal Injury: -$250,000.00 per person.
     2.         Property Damage: -$50,000.00.
     3.         Total Exposure:  -$1,000,000.00
(Code of Iowa, Sec. 727.2)

45.23   OBSTRUCTING DRAINAGE.  It is unlawful to divert, obstruct, impede, or fill up, without legal authority, any ditch, drain, or watercourse, or to break down any levee lawfully established, constructed or maintained. (Code of Iowa, Sec. 716.1)

45.24   ANHYDROUS AMMONIA.  It is unlawful for any person to keep or store anhydrous ammonia within the City.

 CHAPTER 46

 

MINORS

 

46.01       Curfew                                                    46.03       Contributing to Delinquency

46.02       Cigarettes and Tobacco                          46.04       Minors in Taverns

46.01   CURFEW:  A curfew applicable to minors is established and shall be enforced as follows:

1.         Definition.  The term “minor” means in this section, any unmarried person below the age of eighteen (18) years.

2.         Time Limits.  It is unlawful for any minor to be or remain upon any of the alleys, streets or public places or to be in places of business and amusement in the City between the hours of:

A         Ten-thirty o’clock (10:30) p.m. on Sunday, Monday, Tuesday, Wednesday and Thursday evenings to six o’clock (6:00) a.m. of the following morning; and

B.        Twelve o’clock (12:00) midnight on Friday and Saturday evenings to five o’clock (5:00) a.m. of the following morning.

3.         Exceptions.  The restriction provided by subsection 46.01(2) shall not apply to any minor who is accompanied by a guardian, parent or other person charged with the care and custody of such minor, or other responsible person over eighteen (18) years of age, nor shall the restriction apply to any minor who is traveling between his or her home or place of residence and the place where any approved employment, church, municipal or school function is being held.

4.         Responsibility of Adults.  It is unlawful for any parent, guardian or other person charged with the care and custody of any minor to allow or permit such minor to be in or upon any of the streets, alleys, places of business, or amusement or other public places within the curfew hours set by subsection 46.01(2), except as other wise provided in subsections 46.01(3). (Code of Iowa, Sec. 613.16)

5.         Responsibility of Business Establishments.  It is unlawful for any persons operating a place of business or amusement to allow or permit any minor to be in or upon any place of business or amusement operated by them within the curfew hours set by subsections 46.01(92) except as otherwise provided in subsection 46.01(3).

6.         Enforcement.  Any peace officer of the City while on duty is hereby empowered to arrest any minor who violates any of the provisions of Subsections 46.01 (2) and (3).  Upon arrest, the minor shall be returned to the custody of the parent, guardian or other person charged with the care and custody of the minor.

46.02   CIGARETTES AND TOBACCO.  It is unlawful for any person under eighteen (18) years of age to smoke, use, possess, purchase or attempt to purchase any tobacco products or cigarettes. (Code of Iowa, Sec. 453A.2)

46.03   CONTRIBUTING TO DELINQUENCY.  It is unlawful for any person to encourage any child under eighteen (18) years of age to commit any act of delinquency. (Code of Iowa, Sec. 709A.1)

46.04      MINORS IN TAVERNS.  Persons who are 17 years and under are not allowed to be present in a tavern after 10:00 p.m. in the evening. This shall apply to taverns only and not to any establishment that has over fifty percent of their dollar volume for the sale and serving of prepared food. The provisions of this section shall not apply to premises having a Class “C” beer permit.     (Ord. 06-193 -  July 09 Supp)           

CHAPTER 47

DRUG PARAPHERNALIA

47.01       Purpose                                                   47.05       Manufacture, Delivery or Offering For Sale

47.02       Definitions                                               47.06       Legislative Intent

47.03       Determination                                         47.07       Nuisance

47.04       Possession                                              47.08       Violation --- Penalty

 
47.01   PURPOSE.  The purpose of this chapter is to prohibit the use, possession with intent to use, manufacture and delivery of drug paraphernalia as defined in section 47.02.

47.02  DEFINITIONS.  As used in this chapter:

 1.         “Controlled substance” as used in this chapter is defined as the term “controlled substances” as defined in the Uniform Controlled Substance Act, Chapter 124 of the Code of Iowa, as it now exists or is hereafter amended.

2.         “Drug Paraphernalia” as used in this chapter means all equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, concealing, containing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the Uniform Controlled Substances Act, Chapter 124 of the Code of Iowa.  It includes, but is not limited to:

A.        Growing Kits.  Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.

B.        Processing Kits.  Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.

C.        Isomerization Devices.  Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substances.

D.        Testing Equipment.  Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.

E.         Scales.  Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.

F.         Dilutants.  Dilutants and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose or lactose, used, intended for use, or designed for use in cutting controlled substances.

G.        Separators – Sifters.  Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana.


H.        Mixing Devices.  Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances.


I.          Containers.  Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.

J.          Storage Containers.  Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.

K.        Injecting Devices.  Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body.

L.         Ingesting-Inhaling Device.  Objects used, intended for use, or designed for use in ingestion, inhaling or otherwise introducing heroin, marijuana, cocaine, hashish, or hashish oil into the human body, such as:

(1)        Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(2)        Water pipes;
(3)        Carburetion tubes and devices

(4)        Smoking and carburetion masks;
(5)        Roach clips, meaning objects used to hold burning materials, such as a marijuana cigarette that has become too small or too short to be held in the hand;
(6)        Miniature cocaine spoons and cocaine vials;
(7)        Chamber pipes;
(8)        Carburetor pipes;

(9)        Electric pipes;
(10)      Air driven pipes;
(11)      Chillums;
(12)      Bongs;
(13)      Ice pipes or chillers.

3.         “Person” as used in Sections 47.01 through 47.08, means an individual, corporation, business, trust, estate, partnership or association or any other legal entity.

47.03   DETERMINATION.  In determining whether an object is drug paraphernalia for the purpose of enforcing Sections 47.01 through 47.08, the following factors should be considered in addition to all other logically relevant factors:

1.         Statements.  Statements by an owner or by anyone in control of the object concerning its use.

2.         Prior Convictions.  Prior convictions, if any, of an owner, or of anyone in control of the object under any State or Federal law relating to any controlled substance.

3.         Proximity To Violation.  The proximity of the object, in time and space, to a direct violation of the Uniform Controlled Substance Act, Chapter 124 of the Code of Iowa.

4.         Proximity of Substances.  The proximity of the object to controlled substances.

5.         Residue.  The existence of any residue of controlled substances on the object.

6.         Evidence of Intent.  Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of the Uniform Controlled Substances Act, Chapter 124 of the Code of Iowa.

7.         Innocence of an Owner.  The innocence of an owner, or of anyone in control of the object, as to a direct violation of the Uniform Controlled Substances Act, Chapter 124 of the Code of Iowa, should not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.

8.         Instructions.  Instructions, oral or written, provided with the object concerning its use.

9.         Descriptive Materials.  Descriptive materials accompanying the object which explain or depict its use.

10.       Advertising.  National and local advertising concerning its use.

11.       Displayed.  The manner in which the object is displayed for sale.


12.       Licensed Distributor or Dealer.  Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.

13.       Sales Ratios.  Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise.

14.       Legitimate Uses.  The existence and scope of legitimate uses for the object in the community.

15.       Expert Testimony.  Expert testimony concerning its use.

47.04   POSSESSION.  It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substance Act, Chapter 124 of the Code of Iowa.

47.05   MANUFACTURE, DELIVERY OR OFFERING FOR SALE.  It is unlawful for any person to deliver, possess with intent to deliver, manufacture with intent to deliver, or offer for sale drug paraphernalia, intending that the drug paraphernalia will be used, or knowing, or under circumstances where one reasonable should know that it will be used, or knowing that it is designed for use to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substance Act, Chapter 124 of the Code of Iowa.

47.06   LEGISLATIVE INTENT.  It is the purpose and intent of this Council to promote the health, safety and morals of the citizens of the City.  The use or administration of controlled substances is clearly illegal.  The banning of all objects in close connection and adopted for the use of controlled substances should also be controlled because of the lack of social or practical purposes of such objects or paraphernalia, whether the use be by adults or minors.  It is also strong public policy to protect children from the unsupervised exposure and familiarity of drug paraphernalia.  In addition to education about the items in school and at home, it is also essential to discourage open use, possession, manufacture and commerce of these drug related items.

47.07   NUISANCE.  In addition to the provisions of Section 47.08 or in lieu thereof, violation of Sections 47.01 through 47.08 shall constitute a nuisance which may be abated in the manner provided in Iowa Code 364.12(3)(h) by injunction in the Iowa District Court or by the nuisance abatement proceedings as set forth in this code.

47.08   VIOLATION---PENALTY.  Any person, firm or corporation violating any provision, section, paragraph of Sections 47.04 through 47.08 shall be guilty of a misdemeanor and upon conviction thereof, be subject to a fine of not more than one hundred dollars or be imprisoned for not more than thirty days.  Each day a violation occurs shall constitute a separate offense. (Ch. 47 – Ord. 99-153 – Jan. 02 Supp.) 


CHAPTER 48

 

RESIDENCY RESTRICTIONS FOR SEX OFFENDERS

48.01       Purpose                                                                            48.04       Municipal Infraction

48.02       Definitions                                                                        48.05       Exceptions

48.03       Residency Restricted

 

48.01   PURPOSE.  The purpose of  this Ordinance is to provide for  the  safety and well being of all citizens of Seymour.

48.02   DEFINITIONS. For the purpose of this ordinance the following shall be defined as shown herein:

            1.         “Sex Offender”  a person who  has  been  convicted  of  a criminal  offense  

against a minor, or an aggravated offense, sexually violent offense, or other   relevant offense that involved a minor as set out in Chapter 692A of the Code of Iowa.

2.         “Public Library”  a room  or building owned by the City of Seymour where a collection of books, periodicals, musical scores and similar materials are kept for reading or reference.

3.         “Public Park” any area of land owned by the City of Seymour, Wayne County, the State of Iowa, or any other governmental entity as set apart for the recreation of the public.

4.         “Public Playground”   any area of land owned by the City of Seymour, Wayne County, the State of Iowa, or any other governmental entity used for outdoor games and recreation.

5.         “Child Care Facility”  means as defined by the Iowa Code Section 237A.1. Iowa Code Section 237A.1 presently defines Child Care Facility as a childcare center, preschool or registered child development home.

48.03   RESIDENCY RESTRICTED. A Sex Offender shall not reside within two thousand feet (2000’) of the real property comprising a school, childcare facility, public park, public playground, or a public library.

48.04   MUNICIPAL INFRACTION. A Sex Offender who resides within two thousand feet (2000’) of the real property comprising a school, childcare facility, public park, public playground, or a public library commits a Municipal Infraction subject to penalty as set out in the Seymour Code of Ordinance.

48.05   EXCEPTIONS.  A Sex Offender residing within two thousand feet (2000’)  of the real property comprising of a school, child care facility, public park, public playground, or a public library does not commit a violation of this Ordinance if any of the following apply:

            1.         The Sex Offender is required to serve at a jail, prison, juvenile facility, or other correctional institution or facility.      
            2.         The Sex Offender is subject to an order of commitment under Chapter  
            229A of the Code of Iowa.
            3.         The Sex Offender has established a residence prior to July 13, 2006, the
            effective date of this ordinance.
            4.         The Sex Offender a minor or a ward under guardianship.

                         (Ord 06-192 -July 09 Supp.)