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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