Code of Ordinances Amendment - Title 6-5-1 Prohibited Noises and Disorderly Conduct Copyrighted
January 21, 2020
City of Dubuque Action Items # 4.
ITEM TITLE: Code of OrdinancesAmendment- Title 6-5-1 Prohibited
Noises and Title 7-5A-1 Disorderly Conduct
SUMMARY: City Manager recommending approval of City Code of
Ordinances Section 6-5-1 Prohibited Noises and Section
7-5A-1 Disorderly Conduct to amend the language by
inserting mens rea language — "intentionally, knowingly or
recklessly" causing reasonable distress to the occupants as
suggested by the IowaAttorney General based on a U.S.
District Court ruling.
ORDINANCE Amending City of Dubuque Code of
Ordinances Title 6 Health, Housing, Sanitation and
Environment, Chapter 5 Noises, Section 6-5-1 Prohibited
Noises
ORDINANCE Amending City of Dubuque Code of
Ordinances Title 7 Police, Fire and Public Safety, Chapter
5 Offenses,Article A General Offenses, Section 7-5A-1
Disorderly Conduct
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
Section 6-5-1 Prohibited Noises and Section 7-5A-1 City Manager Memo
Disorderly Conduct-MVM Memo
Staff Memo Staff Memo
Ordinance for Section 6-5-1 Ordinance
Ordinance for Section 7-5A-1 - Corrected Ordinance
Dubuque
THE CITY OF �
uI�AaMca cih
DuB E � �
I � � I
Maste iece on the Mississi i Zoo�•zoiz•zois
YP pp zoi�*zoi9
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Section 6-5-1 Prohibited Noises and Section 7-5A-1 Disorderly Conduct
DATE: January 13, 2020
City Attorney Crenna Brumwell recommends City Council approval of City Code Section
6-5-1 Prohibited Noises and Section 7-5A-1 Disorderly Conduct to amend the language
by inserting mens rea language — "intentionally, knowingly or recklessly" causing
reasonable distress to the occupants as suggested by the lowa Attorney General based
on a U.S. District court ruling.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
THE CITY OF Dubuque
�"
ui���neoc�ry
DUB E '�II�;'
Masterpiece on the Mississippi �°°'��°'�
2013 2017
CRENNA M . BRUMWELL , ESQ.
CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
Dare: January 13, 2020
Re: Section 6-5-1 Prohibited Noises and Section 7-5A-1 Disorderly Conduct
On September 26, 2019, U.S. District Court Judge Rebecca Ebinger declared that lowa
Code Section 723.4(2) is unconstitutional on its face and as applied to the plaintiffs. The
court held as follows:
"On the merits, lowa Code § 723.4(2) is unconstitutionally vague on its face
because it subjects speakers to criminal punishment based on the reactions
of third parties, while requiring no mens rea on the part of the speaker. It is
also vague as applied because Defendants enforce the statute in a way that
gives Plaintiffs insufficient notice of when their speech violates the statute."
The lowa Attorney General's Office suggested fixing the statute through legislation
amending the subsection and inserting mens rea language — "intentionally, knowingly or
recklessly" causing unreasonable distress to the occupants.
City Code Section 6-5-1 and Section 7-5A-1 both mirror State law. Because of the ruling,
these Code Sections need to be amended.
Attached please find the ordinance amendments. I ask that they be reviewed and
forwarded to City Council for consideration.
CMB:jmm
cc: Mark Dalsing, Chief of Police
OFFICE OF THE CITYATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)589-4381 /Fnx (563)583-1040/Ennni� cbrumwel@cityofdubuque.org
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 4-20
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH,
HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 5 NOISES, SECTION 6-5-
1 PROHIBITED NOISES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 6-5-1 of the City of Dubuque Code of Ordinances is amended
to read as follows:
6-5-1: PROHIBITED NOISES:
No person shall intentionally, knowingly, recklessly, or with wanton disregard for the
distress of those nearby cause or permit any loud and excessive noise that results in
annoyance or discomfort to a reasonable person of normal sensitivities. Without limiting
or precluding enforcement of any other provision of this chapter or this Code, the following
are hereby prohibited:
A. Horns, Signaling Devices: The sounding of any horn or signaling device such as
that on any automobile, motorcycle, bus or other vehicle on any street or public place of
the City, except as a danger warning, or the sounding of any such device for an
unnecessary and unreasonable period of time.
B. Crying Of Wares: The sale by outcry within any area of the City zoned for
residential uses. However, this subsection shall not be construed to prohibit the selling by
outcry of merchandise, food and beverages at licensed sporting events, parades, fairs,
circuses and other similar licensed public entertainment events, nor to prohibit the selling
of newspapers by outcry.
C. Animals And Fowl: The keeping of, upon any premises owned, occupied or
controlled by any person, any animal or fowl otherwise permitted to be kept which, by any
sound or cry, shall cause annoyance or discomfort to a reasonable person of normal
sensibilities.
D. Loading, Unloading, Opening Boxes: The creation of any loud and excessive noise
in connection with loading or unloading any vehicle or the opening and destruction of
bales, boxes, crates and containers.
E. Schools, Courts, Churches, Hospitals: The creation of any loud and excessive
noise on any street adjacent to any school, institution of learning, church or court while
same is in use, or adjacent to any hospital, which unreasonably interferes with the
workings of such institution, or which disturbs or unduly annoys patients in the hospital.
F. Construction: The creation of any loud or excessive noise resulting from erection,
excavation, demolition, alteration or repairs related to any structure, infrastructure, or
building except between the hours of seven o'clock (7:00) A.M. and eight o'clock (8:00)
P.M., Monday through Friday, and nine o'clock (9:00) A.M. and six o'clock (6:00) P.M. on
Saturday and Sunday.
G. Pile Drivers, Pneumatic Hammers: The operation of any pile driver, pipe ramming,
pneumatic hammer, or similar construction equipment, except between the hours of eight
o'clock (8:00) A.M. and six o'clock (6:00) P.M., Monday through Friday, and nine o'clock
(9:00) A.M. and six o'clock (6:00) P.M., Saturday and Sunday, and when so permitted,
only if equipped with an effective muffling device.
H. Refuse Or Recyclables Collection: The collection of garbage, trash, refuse or
recyclables in any area zoned residential except between the hours of six o'clock (6:00)
A.M. and nine o'clock (9:00) P.M. of any day and, when so permitted, only in a manner
so as not to create a loud or excessive noise.
I. Vehicle Repairs: The creation of loud and excessive noise resulting from the repair
or rebuilding of any motor vehicle within any residential area of the City except between
the hours of nine o'clock (9:00) A.M. and nine o'clock (9:00) P.M. daily but only in such a
manner that a reasonable person of normal sensitivities residing in the area will not be
caused discomfort or annoyance.
J. Exhausts: The discharge into the open air of the exhaust of any engine, including
a steam engine, internal combustion engine, motorboat or motor vehicle or the discharge
of air or other gases except through a muffler or other device that will effectively prevent
loud or explosive noises therefrom.
K. Stationary Machinery, Equipment And Fans: The operation of any immobile
machine, equipment, pump, fan or similar mechanical device in any manner so as to
create any loud and excessive noise.
L. Loud, Unnecessary Or Unusual Noise: Notwithstanding any other provision of this
chapter or Code, and in addition thereto, it shall be unlawful for any person to make or
continue or cause to be made or continued any loud, unnecessary, or unusual noise which
disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance
to any reasonable person of normal sensitivities.
M. Outdoor Music Or Amplified Noise:
1. The making or continuing to make any outdoor music or amplified noise
between the hours of ten o'clock (10:00) P.M. on Sunday and nine o'clock (9:00)
A.M. on Monday, ten o'clock (10:00) P.M. on Monday and nine o'clock (9:00) A.M.
on Tuesday, ten o'clock (10:00) RM. on Tuesday and nine o'clock (9:00) A.M. on
Wednesday, ten o'clock (10:00) P.M. on Wednesday and nine o'clock (9:00) A.M.
on Thursday, ten o'clock (10:00) P.M. on Thursday and nine o'clock (9:00) A.M. on
Friday, twelve o'clock (12:00) midnight on Friday and nine o'clock (9:00) A.M. on
Saturday and twelve o'clock (12:00) midnight on Saturday and nine o'clock (9:00)
A.M. on Sunday, when the person making or causing to make such music or noise
knows or reasonably should know the music or noise would disturb the peace of a
reasonable person; or
2. During the course of sport team and intramural practices conducted on the
grounds of a Dubuque public or parochial school or college campuses.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 21st day o
Attest:
Kevir S Firnstahl, City Clerk
WOW
Ri �' Jo erMayor Pro Tem
EFFECT OF AMENDMENT
6-5-1 : PROHIBITED NOISES:
No person shall intentionallv, knowinqlv, recklesslv, or with wanton disreqard for the
distress of those nearbv cause or permit any loud and excessive noise that results in
annoyance or discomfort to a reasonable person of normal sensitivities. Without limiting
or precluding enforcement of any other provision of this chapter or this Code, the following
are hereby prohibited:
A. Horns, Signaling Devices: The sounding of any horn or signaling device such as
that on any automobile, motorcycle, bus or other vehicle on any street or public place of
the City, except as a danger warning, or the sounding of any such device for an
unnecessary and unreasonable period of time.
B. Crying Of Wares: The sale by outcry within any area of the City zoned for
residential uses. However, this subsection shall not be construed to prohibit the selling by
outcry of inerchandise, food and beverages at licensed sporting events, parades, fairs,
circuses and other similar licensed public entertainment events, nor to prohibit the selling
of newspapers by outcry.
C. Animals And Fowl: The keeping of, upon any premises owned, occupied or
controlled by any person, any animal or fowl otherwise permitted to be kept which, by any
sound or cry, shall cause annoyance or discomfort to a reasonable person of normal
sensibilities.
D. Loading, Unloading, Opening Boxes: The creation of any loud and excessive noise
in connection with loading or unloading any vehicle or the opening and destruction of
bales, boxes, crates and containers.
E. Schools, Courts, Churches, Hospitals: The creation of any loud and excessive
noise on any street adjacent to any school, institution of learning, church or court while
same is in use, or adjacent to any hospital, which unreasonably interferes with the
workings of such institution, or which disturbs or unduly annoys patients in the hospital.
F. Construction: The creation of any loud or excessive noise resulting from erection,
excavation, demolition, alteration or repairs related to any structure, infrastructure, or
building except between the hours of seven o'clock (7:00) A.M. and eight o'clock (8:00)
P.M., Monday through Friday, and nine o'clock (9:00) A.M. and six o'clock (6:00) P.M. on
Saturday and Sunday.
G. Pile Drivers, Pneumatic Hammers: The operation of any pile driver, pipe ramming,
pneumatic hammer, or similar construction equipment, except between the hours of eight
o'clock (8:00) A.M. and six o'clock (6:00) P.M., Monday through Friday, and nine o'clock
(9:00) A.M. and six o'clock (6:00) P.M., Saturday and Sunday, and when so permitted,
only if equipped with an effective muffling device.
H. Refuse Or Recyclables Collection: The collection of garbage, trash, refuse or
recyclables in any area zoned residential except between the hours of six o'clock (6:00)
A.M. and nine o'clock (9:00) P.M. of any day and, when so permitted, only in a manner
so as not to create a loud or excessive noise.
I. Vehicle Repairs: The creation of loud and excessive noise resulting from the repair
or rebuilding of any motor vehicle within any residential area of the City except between
the hours of nine o'clock (9:00) A.M. and nine o'clock (9:00) P.M. daily but only in such a
manner that a reasonable person of normal sensitivities residing in the area will not be
caused discomfort or annoyance.
J. Exhausts: The discharge into the open air of the exhaust of any engine, including
a steam engine, internal combustion engine, motorboat or motor vehicle or the discharge
of air or other gases except through a muffler or other device that will effectively prevent
loud or explosive noises therefrom.
K. Stationary Machinery, Equipment And Fans: The operation of any immobile
machine, equipment, pump, fan or similar mechanical device in any manner so as to
create any loud and excessive noise.
L. Loud, Unnecessary Or Unusual Noise: Notwithstanding any other provision of this
chapter or Code, and in addition thereto, it shall be unlawful for any person to make or
continue or cause to be made or continued any loud, unnecessary, or unusual noise which
disturbs the peace or quiet of any neighborhood orwhich causes discomfort or annoyance
to any reasonable person of normal sensitivities.
M. Outdoor Music Or Amplified Noise:
1 . The making or continuing to make any outdoor music or amplified noise
between the hours of ten o'clock (10:00) P.M. on Sunday and nine o'clock (9:00)
A.M. on Monday, ten o'clock (10:00) P.M. on Monday and nine o'clock (9:00) A.M.
on Tuesday, ten o'clock (10:00) P.M. on Tuesday and nine o'clock (9:00) A.M. on
Wednesday, ten o'clock (10:00) P.M. on Wednesday and nine o'clock (9:00) A.M.
on Thursday, ten o'clock (10:00) P.M. on Thursday and nine o'clock (9:00) A.M. on
Friday, twelve o'clock (12:00) midnight on Friday and nine o'clock (9:00) A.M. on
Saturday and twelve o'clock (12:00) midnight on Saturday and nine o'clock (9:00)
A.M. on Sunday, when the person making or causing to make such music or noise
knows or reasonably should know the music or noise would disturb the peace of a
reasonable person; or
2. During the course of sport team and intramural practices conducted on the
grounds of a Dubuque public or parochial school or college campuses.
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
January 24, 2020,
and for which the charge is $65.71
S7
1. ri-•-- ^ d
Subscribed to be ore me, a Notary Public in and for
Dubuque County, Iowa,
this 3 ( day of
Notary Publi
and for Dubuque County, Iowa.
JANET K. PAPE
Coelmllssforl Number 199659
My Comm. Exp. DEC 11, 2022
OFFICIAL-`
PUBLICATION
ORDINANCE NO:4-20
AMENDING CITY OF
DUBOQUE CODE; 'OF
ORDINANCES TITLE` 6
HEALTH, 'HOUSING;
SANITATION ='AND. EN-
VIRONMENT, CHAP-
TER,
SECTION 6 5-1',`PRO-;
HIBITED;NOISES•''
NOW,. THEREFORE,
BE IT,'ORDAINED BY,
THE "CITY' COUNCIL'
OF THE CITY`' OF
DUBUQUE, IOWA:
Section`1 Section 6=5-
1 of'' the- 'City ,`: of,
Dubuque Code -of Ordi=
nances is' amended to
read as,follows:
6-5-1: PROHIBITED
NOISES:
No person shall '•r'nten-
tionally,' knowingly;'
recklessly, or with.
wanton`" disr'egard'for
the distress of those;
nearby cause or Permit
any,loud',and :excessive the City, -:except :be
noise that results`in an- tween theahoursof nine
noyance'or discomfort 'clock(9:oo) A:M: and.
to a reasonable person nine o'clock (9:00)`P.M.
of normal sensitivities. dail but onl in_ such a
Withoutaimiting or pre- manner•thaf a:reason=
cluding `enforcement "of able person- of `normal.
any other provision of sensitivities residing in
this chapter or this
through ,,'Friday; and
Code thefollowingare
hereby prohibited:.'
A. Horns, ,Signaling
Devices::The sounding
of any,'horn or signal=
mg dev ce such as'that
on any' automobile,,,'mo-
torcycle .bus.or-'other,,
' 20� vehicle.on any street or
D. public place of the City,
except. as': a "danger
warning;' orthe-Sound-
ing of,any such rdevice
for an unnecessary and
unreaso'nable'period of
time:-
B. Crying Of, Wares:
The.•.sale by outcry
within any area of the
City zoned -for residen,.
tial uses. Howeve ;this
subsection shall not be
construed to 'prohibit
nine o'clock (9:00) A.M.
and six o'clock (6:001
P..M Saturday • and
Sunday and when so
permitted, it only +' -if
equipped--w•ith'an effee
tive muffling device."
H Refuse'' Or Recy
clabres Collection: -The
collection 'cif- garbage,
trash rr'eruse:orrecy-i
clables rin, any :.area
zoned residential', ex- ,
cept 'between tyre;
hours of six o clock.
(600).A'TM.`and nin,e;o'-
clock (9:00)'P M of any,
day and, when so per-
mitted,only.; in a man-
ner so asn ot to create
a.: loud or'.:.excessive.
noise. •
I. vehicle. Repairs:
The creation: -.of .loud
and excessiveioise re-
sulting'from. the repair
or rebuilding :of any
motor -.vehicle ,within
any, residential: area of
•
the area will not be
caused. discomfort or
annoyance.
J. Exhausts: The.dis
charge into- the: open
air of .the :,:exhaust.:;of
any engine ;including.1a
steam engine, internal
combustion:'.: engine;
motorboat or motor,ve-
hicle or the discharge;
of,air or otherr, gases
except ,through a muf
fier or,. other device
that will . effectively
prevent Ioud or explo-
sive •noises -therefrom,
K. Stationary Ma
chinery . ;Equipment.
And; Fans:;. The opera-
tion of any, immobile
machine equipment,
PUMP, fan,''or similar
the selling by outcry.of • mechanical -device;:= in
merchandise, food and any manner so as,ito
beverages at,li'censed ;create any-;Ioud and ex
sporting-s events -'pa- cL...Lo noise
fairs circuses L.. Loud, Uhnecessse:
and, other ` similar li- Oi'- Unusual Noise:
tensed• public enter- Notwithstanding •any
tainme'nt i
events,nof to.' other provision of this
prohibit the sailing of cdditio,addition. eto, in
newspapers,by_outcry.; #hereto it
C `Animals And Fowl: shall be unlawful,•for `
Twcoaprcenhhycyreimuc.s'hpkipht,ieetwra-beeedlfyldpm`o; cwoainastngl.eou:y"cosoosetbfhon' oe;ateuw• nrnuoiwnkndpleoeeosopyddentr cqqhamIuonanyuededtdsottine umoouoffreooraw,tnncnr.hoyctiiocassnehumesiecawahktuoeb,sneoore
distUbs the,peaembya.alnoyi7, aunecos
r
ouoi
ante or'discomforfto disc
°re annoy
reasonable person of, once to fn orea l sen le
normal sensibilities Person of normal'sensi
D. Loading unload tivities
mg, Opening Boxes. Nil,Outdoor. Music Or
The creation of; any Amplified Noise
loud acid excessive 1. The making or
noise in sconnection ..outdoo mus c or an-
With loading or unload outdoor music or am-
ing any vehicle,orahe •
the.hou noise" between
opening •'and destruc- the hours often o'clock
tion of bales bones .(10:00) a M-=pn Sunday
crates and containers and nine o'clock (9:00)
E Schools Courts: A.M on Monday, ten
Churches; Hospitals: o'clock (10;00) ine on
The creation of any .Monday and nine o -
.loud ' and excessivg . lacX; „.CTPO A•M on
noise onS axiy street ad sda' tea ,ms, o clock;
iacen't'to any''school (10:00) P M" on Tues='`
irartdtTuWlitiflearning, da-yand nine r o clock'
sa
church me;is or useu; cort while d a00) nM: to k (10 00-
or atlia- day, ten o clock
cent to 'any hospital P:M on ; Wednesday
which unreasonably m- and nine hurl ky, te)
terferes with the,work• o' l . on Thursday, ten
ings of'such institution, Thursk.(10;00) P.M. on
or which disturbs or clock ay'and nine.on'
unduly annoys patients crock (twee A.M. on
m the hospital Friday, twelve o'clock
F. Construction:.',T,he (12:00) midnight on Fri
creation:of any:Ioud or day Wand nine o'clock
excessive noise •result; (9 00) Awelve Sat: lock
ing from erection,; ex- and twelve .o'clock
cavation; demolition; (12:00) midnight. on
alteration, or repairs;re=. Saturday •:and nine •o'-
lated to any structure, clock • (9:00)" A.M. _ er-
infrastructure gr build- Sundayhen the per
ing except between"the tor' making or causing
hours of „seven o clock to; make such music or
(7:00) • A.M. and; eight ably. should 'or reason- '
ably should.know the'
Monday : through , Fri- must "or horse would
day, andr nine :.o'clock •
disturb the peace of a
(9.00) A.M and six o reasonabl'e person; ore'
clock ..(6;00) ,P Ma on 2 During the course;.
Sc Gal tr m. aJ pra'ct and in-
G Pile :Drivers„1?neu; duct dale theices con-
matic • Hammers ,,;The ducted u the gr lic or
o eratiop;: of an ;;,^pile•
of a Dubuque public or
P Y
/s/Ric W. Jones, Mayor
• Pro Tem
Publisliec officially in
the Telegraph Herald
newspaper on'the 24th
day of January 2020.
Attest /slKevin'S-
Firristahl, City`Clerk
It 1/24
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 5-20
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE
AND PUBLIC SAFETY, CHAPTER 5 OFFENSES, ARTICLE A GENERAL OFFENSES,
SECTION 7-5A-1 DISORDERLY CONDUCT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 7-5A-1 of the City of Dubuque Code of Ordinances is amended
to read as follows:
7-5A-1: DISORDERLY CONDUCT:
It shall be unlawful for any person to do any of the following:
A. Fighting: Engage in fighting or violent behavior or invite or defy another person to
fight; provided, that participants in athletic contests may engage in such conduct which is
reasonably related to that sport.
B. Noise, Disturbance: Intentionally, knowingly, recklessly, or with wanton disregard
for the distress of those nearby make unusually loud or excessive noise which results in
the disturbance of the peace and the public quiet of a neighborhood.
C. Noise, Breach Of The Peace: Intentionally, knowingly, recklessly, or with wanton
disregard for the distress of those nearby permit upon any premises owned, occupied,
possessed or controlled by such person any unusually loud or excessive noise in such a
manner calculated to provoke a breach of the peace of others, or the public quiet of the
neighborhood.
D. Abusive Language: Direct abusive language or make any threatening gesture
which the person knows or reasonably should know is likely to provoke a violent reaction
by another.
E. Disturbing Lawful Assembly: Without lawful authority or order of authority, disturb
any lawful assembly or meeting of persons by conduct intended to disrupt the meeting or
assembly.
F. Obstructing Streets: Without authority, obstruct any street, sidewalk, highway or
other public way.
G. Soliciting Contributions, Peddling On Roadways: Without authority, solicit
contributions, distribute literature, or otherwise peddle or sell goods and services within
the traveled portion of any roadway.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 21st day of nua 2020.
Ric W. Jones, or Pro Tem
Attest:
Kevi S. Firnstahl, City Clerk
EFFECT OF AMENDMENT
7-5A-1 : DISORDERLY CONDUCT:
It shall be unlawful for any person to do any of the following:
A. Fighting: Engage in fighting or violent behavior or invite or defy another person to
fight; provided, that participants in athletic contests may engage in such conduct which is
reasonably related to that sport.
B. Noise, Disturbance: Intentionallv, knowinqlv recklesslv _
mAAake unusually loud or excessive noise which results
in the disturbance of the peace and the public quiet of a neighborhood.
C. Noise, Breach Of The Peace:
permit upon any premises owned,
occupied, possessed or controlled by such person any unusually loud or excessive noise
in such a manner calculated to provoke a breach of the peace of others, or the public
quiet of the neighborhood.
D. Abusive Language: Direct abusive language or make any threatening gesture
which the person knows or reasonably should know is likely to provoke a violent reaction
by another.
E. Disturbing Lawful Assembly: Without lawful authority or order of authority, disturb
any lawful assembly or meeting of persons by conduct intended to disrupt the meeting or
assembly.
� . Obstructing Streets: Without authority, obstruct any street, sidewalk, highway or
other public way.
� . Soliciting Contributions, Peddling On Roadways: Without authority, solicit
contributions, distribute literature, or otherwise peddle or sell goods and services within
the traveled portion of any roadway.
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
January 24, 2020,
and for which the charge is $27.03
Subscribed to befo'e'me, a Notary Public in and for
Dubuque County, Iowa,
Notary Pubin and for Dubuqu= County, Iowa.
JANET K. PAPE
CoMmli84000 Number 199669
My Comm. Exp. DEC 11, 2022
OFFICIAL
PUBLICATION
.ORDINANCE NO. 5-20
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE •7
POLICE, FIRE AND
PUBLIC SAFETY,
CHAPTER 5 OFFENS-
ES, ARTICLE A GEN-
ERAL OFFENSES,
SECTION ,7-SA-1-`DIS-
ORDERLY CONDUCT
NOW, THEREFORE,
BE `'IT ''ORDAINED BY
TI1E CITY COUNCIL
OF. THE CITY :.OF
DUBUQUE, IOWA:
Section 1. Section 7
5A-1' "of the City of
Dubuque Code of Ordi-
nances is amended. to
read as follows:
7-5A-1: DISORDERLY
CONDUCT:
It shall be unlawful for
any person to do any of
the following:
A. Fighting: Engage
in fighting or violent
behavior ` or invite or
defy another person to
fight; provided, =,that
participants in athletic
contests; may engage
in such conduct which
is reasonably related to
that sport.
B. Noise,; Distur-
bance: _'l Intentionally,
knowingly, recklessly,
or with wanton disre-
gard for the distress of
those nearby makeun-
usually loud or exces-
sive noise which
results in the distur-
bance of the peace and
the publjc quiet of a
neighborhood.
C. Noise, Breach Of
The Peace: Intentional-
ly, knowingly, reckless-
ly, or with wanton
disregard for the dis-
tress of, those ,nearby.
permit upon any
premises owned, occu-
pied, possessed., or con-
trolled by such person
any unusually loud or
excessive` noise'in such
a manner calculated to
provoke a breach of
the peace of others, or
the public quietof the
neighborhood.
D. Abusive Lan-
guage: Direct abusive
language or make any
threatening gesture
which _ _ the person
knows or reasonably
should know is likely to
provoke a violent reac-
tion by another.
E. Disturbing Lawful
Assembly: Without
lawful authority or or-
der of authority, dis-
turb any lawful
assembly or meeting of
persons by conduct in-
tended to disrupt the
meeting or assembly.
F. Obstructing Stre-
ets! Without authority
obstruct any street,;:
sideWalk,"highway" or
other public way.
G. Soliciting Contri-
butions, Peddling .On:';
Roadways: Without au-
thority,
solicit contri-
butions, distribute lice
rature, ,or otherwise..
peddle or sell goods
and services within the
traveled portion of any
roadway.
Section 2. This ordi-
nance shall take effect
upon publication.
Passed, approved, and
adopted this 21st day
of January 2020-
/s/Ric W. Jones, Mayor
Pro Tern
Attest: /s/Kevin S.
Firnstahl,-City Clerk
Published officially in
the Telegraph Herald
newspaper on the 24th
day of January 2020.
/s/Kevin S. Firnstahl,
City Clerk
It 1/24