41.01 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)
41.02 FALSE REPORTS TO OR COMMUNICATIONS WITH PUBLIC SAFETY ENTITIES.
No person shall do any of the following:
(Code of Iowa, Sec. 718.6)
- 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.
- Telephone an emergency 911 communications center, knowing that he or she is not reporting an emergency or otherwise needing emergency information or assistance.
- Knowingly provide false information to a law enforcement officer who enters the information on a citation.
41.03 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 act, shall render assistance as required. No person shall unreasonably and without lawful cause, refuse or neglect to render assistance when so requested.
(Code of Iowa, Sec. 719.2)
41.04 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)
41.05 INTERFERENCE WITH OFFICIAL ACTS.
No person shall knowingly resist or obstruct anyone known by the person to be a peace officer, emergency medical care provider or fire fighter, whether paid or volunteer, in the performance of any act which is within the scope of the lawful duty or authority of that officer, emergency medical care provider or fire fighter, or shall knowingly resist or obstruct the service or execution by any authorized person of any civil or criminal process or order of any court. The terms “resist” and “obstruct” as used in this section do not include verbal harassment unless the verbal harassment is accompanied by a present ability and apparent intention to execute a verbal threat physically.
(Code of Iowa, Sec. 719.1)
41.06 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 person’s possession or control, abandoned or unattended and so accessible to children.
(Code of Iowa, Sec. 727.3)
41.07 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])
41.08 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.
41.09 DISCHARGING WEAPONS.
- 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.
- No person shall intentionally discharge a firearm in a reckless manner.
41.10 THROWING AND SHOOTING.
It is unlawful for a person to throw stones, bricks or missiles of any kind or to shoot arrows, rubber guns, slingshots, air rifles, BB guns or other dangerous instruments or toys on or into 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])
41.11 URINATING AND DEFECATING.
It is unlawful for any person to urinate or defecate onto any 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 any public or private land.
41.12 FIREWORKS.
The sale, use or exploding of fireworks within the City are subject to the following:
- Definition. For purposes of this section, definitions are enumerated in the Iowa Code Section 727.2 and 101A.1, which definitions are incorporated herein by reference thereto.
(Code of Iowa, Sec. 727.2) - Sales – General Requirements.
A. Prior to any person engaging in the sale of consumer
fireworks, the following shall be provided to the Fire Chief:
(1) License. Proof of valid license issued from the
State Fire Marshal.
(2) Liability Insurance. Proof of liability insurance
separate from the building property insurance specifically
showing coverage of fireworks sales for an aggregate
amount of $2,000,000.
(3) Fire Inspection. Any property, building, or premise
whether it be permanent or temporary, intended for the sale
of consumer fireworks shall have an initial fire inspection
completed by the Fire Chief prior to engaging in the sale of
consumer fireworks. The Fire Chief or their designee shall
cause an annual inspection to occur meeting the
requirements of the National Fire Protection Code 1124
(2006 Edition) and the current fire code adopted by the
City of Bloomfield. Inspection costs shall be assessed as
follows:
(a) Permanent structure where fireworks are sold
– annual inspection fee of $100.
(b) Temporary or non-brick or mortar building
where fireworks are sold – annual inspection fee of
$200.
B. Dates of Sale. It shall be unlawful to sell consumer fireworks without meeting the requirements specified in this ordinance, or to sell fireworks outside of the dates specified below.
(1) Approved consumer fireworks sales meeting the requirements of this chapter shall be allowed from an approved permanent structure or building between June 1 and July 8 and from December 10 until January 3.
(2) Approved consumer fireworks sales meeting the requirements of this chapter shall be allowed from an approved temporary structure between June 13 and July 8.
C. Safety Requirements. The following safety requirements shall be adopted for all locations where consumer fireworks are sold:
(1) Not more than 100 pounds of total aggregate weight of DOT 1.4 class consumer fireworks shall be located inside a commercial business with other mercantile products for sale.
(2) Not more than 500 pounds of total aggregate weight of DOT 1.4 class consumer fireworks shall be located inside a building where fireworks are the primary business.
(3) Not more than 1000 pounds of total aggregate weight of DOT 1.4 class consumer fireworks shall be located in a temporary structure used primarily for fireworks sales.
(4) Any permanent or temporary structure used primarily for the purpose of consumer fireworks sales shall be located 35 feet from a property line, public roadway, alley, or highway; and 70 feet from an inhabited building unless further restricted by requirements of the State Fire Marshall.
(5) Smoking, open flame source, or matches shall not be located within 50 feet where consumer fireworks are sold. The following exemptions apply:
(a) Lighters and matches may be sold as part of a retail business in commercial structures who engage in other merchandise sales where consumer fireworks are not the primary business.
(b)Locations that engage in consumer fireworks
sales as a primary source of revenue may sell
extended lighters so long as lighters are located in a
sealed package and not opened within the store
premises
(6) All electrical wiring shall meet NFPA 70 National
Electrical Code. Permanent structures or buildings used
primarily for consumer fireworks sales shall meet wiring
requirements for a hazardous location, including covered
light fixtures to avoid sparks upon failure to damage to
lights.
(7) Locations shall maintain a 48-inch clear aisle
between consumer fireworks display shelves.
(8) Locations shall maintain two approved exits for
egress during an emergency. All approved exits shall be
clearly marked with signage; except that, exit signs shall
be illuminated in permanent structures.
(9) Consumer fireworks sales shall only be permitted in
a single story at grade building or structure to facilitate
easy exiting during an emergency.
(10) Locations shall have a minimum of two 10 pound
ABC rated fire extinguishers mounted in accordance with
NFPA 10. Additional fire extinguishers shall be placed in
locations to prevent travel distance exceeding 75 feet in
order to reach a fire extinguisher.
(11) All doors used as service doors outside the view of
a clerk shall be locked to prevent unauthorized persons
from entering the building unnoticed. If doors are
approved exit doors as part of the two approved exits
needed, they shall be operable without special tools, keys,
or knowledge. Delayed or alarmed egress door are
permitted so long as release is activated within 8 seconds.
(12) No persons under the influence of alcohol, drugs, or
narcotics, shall be allowed to remain in the business where
consumer fireworks are sold as a primary business.
(13) No more than one conex container or approved
explosive magazine shall be located on site for short-term storage of extra product. All containers shall be properly
placarded and equipped with tamper proof locking devices.
It is permitted to place containers in a security fenced area.
(14) Individual consumer fireworks devices or opened
consumer fireworks packages shall not be permitted to be
displayed. No open fuses shall be exposed during storage
inside a sales location.
(15) Consumer fireworks sales shall only be allowed in
areas zoned for commercial use.
(16) Any person engaged in consumer firework sales in
any other zone other than commercial zoned areas shall not
be approved for sales within the City limits.
(17) No person shall sell a DOT 1.4 class consumer
firework to a person under the age of 18.
(18) Consumer fireworks shall not be sold to an
intoxicated person or to any person whom a reasonable
person would believe may be impaired by other
substances. - Fireworks – Discharging General Requirements.
A. No person under the age of 18 shall discharge a DOT 1.4 class consumer firework without parental supervision.
B. A person shall only discharge a consumer fireworks device on real property they own or on property where consent has been given. Novelties, including snakes, sparklers, or caps, can be discharged on a public place so long as all trash, wrappers, and wires are properly disposed of.
C. Consumer fireworks shall not be discharged by persons showing visible signs of, or determined to be, intoxicated or under the influence of a drug or narcotic.
D. Any person discharging a consumer fireworks device assumes all responsibility for its operation and the consequences thereof. No person shall discharge a consumer fireworks device in a reckless manner or manner likely to cause death, injury, fire or property damage.
E. No person shall discharge a consumer fireworks device outside the following dates and hours
(1) June 1 thru July 8 from the hours of 9am until 10pm. Exception: discharge hours are extended to 11pm on July 4th only.
(2) December 10 thru January 3 from the hours of 9am until 10pm. Exception: discharge hours are extended to 12:30am on January 1.
F. It shall be unlawful to alter, remove, or discharge components of a consumer fireworks device from its intended method of discharging. G. Sky lantern open flame devices are not permitted to be released within the City limits, except if tethered by a retrievable rope so long as the person discharging has control over the sky lantern.
H. The City may, upon application in writing, grant a permit for the display of display fireworks on public property by a City agency, fair associations, amusement parks and other organizations or groups of individuals approved by City authorities when such display 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 per person
(2) Property Damage: $250,000
(3) Total Exposure: $1,000,000
I. All applications shall be carefully scrutinized to assure that no substance capable of being regulated, as defined by ICA Chapter 101A.1 is permitted. - Violations. All violations of any provisions of this chapter are
hereby declared simple misdemeanors and/or municipal infractions.
Violations may be prosecuted as either a misdemeanor criminal offense
or a municipal infraction at the sole discretion of the Fire Chief or peace
officer. Fines shall be set by resolution of the City Council. Violations
of this chapter shall be reported to the State Fire Marshal. - Exceptions. This section does not prohibit the sale by a resident,
dealer, manufacturer or jobber of such fireworks as are not prohibited; or the sale of any kind of fireworks if they are to be shipped out of state; or the sale or use of blank cartridges for a show or theater, or for signal purposes in athletic sports or by railroads or trucks for signal purposes, or by a recognized military organization. This section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes. - Separate Violation. It shall be deemed a separate violation with
respect to manner or method of discharge, restricting the placement in
motion of objects, missiles, or projectiles, for any person to willfully or
carelessly, throw, cast, hurl, bat, propel, discharge, or place in motion in
the direction of any person where risk of being hit exists, or of any
property, real or personal, where risk of damage exists
41.13 DRUG PARAPHERNALIA.
- As used in this section “drug paraphernalia” means all equipment, products or materials of any kind used or attempted to be used in combination with a controlled substance, except those items used in combination with the lawful use of a controlled substance, to knowingly or intentionally and primarily do any of the following:
- Manufacture a controlled substance.
- Inject, ingest, inhale or otherwise introduce into the human body a controlled substance.
- Test the strength, effectiveness or purity of a controlled substance.
- Enhance the effect of a controlled substance.
Drug paraphernalia does not include hypodermic needles or syringes if manufactured, delivered, sold or possessed for a lawful purpose.
- It is unlawful for any person to knowingly or intentionally manufacture, deliver, sell or possess drug paraphernalia.
(Code of Iowa, Sec. 124.414)
41.14 SMOKING PROHIBITION.
- Definitions. The following terms are defined for use in this section:
- “City facilities” means buildings owned or operated by the City, including owned or operated outdoor areas of the lot or parcel on which the building is situated.
- “Smoking” means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, weed, or plant in any manner or in any form.
- Smoking Prohibition. Smoking is prohibited in the following areas:
- Pool and Ball Fields.
- City Facilities.
- Inside motor vehicles owned or operated by the City.
- Exempt Areas. Notwithstanding any other provision of this section to the contrary, City streets, easements, sidewalks and trails are exempt from the provisions of this section.
- Posting of Signs.
- “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted outside every City facility.
- All ashtrays and other smoking paraphernalia shall be removed from every area where smoking is prohibited under this section.
- Enforcement.
- Any citizen who desires to register a complaint under this section may initiate enforcement with the Police Chief.
- Any person who violates the provisions of this section shall be subject to a civil penalty in accordance with Section 142B.6 of the Code of Iowa.
- The provisions of this section shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
41.15 PSEUDOEPHEDRINE RESTRICTIONS.
(Repealed by Ord. 610 – May 06 Supp.)