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Toledo City Zoning Code

CHAPTER 41

PUBLIC HEALTH AND SAFETY

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)
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.

41.03 PROVIDING FALSE IDENTIFICATION INFORMATION.

No person shall knowingly provide false identification information to anyone known by the person to be a peace officer, emergency medical care provider, or firefighter, whether paid or volunteer, in the performance of any act that is within the scope of the lawful duty or authority of that officer, emergency medical care provider, or firefighter.
(Code of Iowa, Sec. 719.1A)

41.04 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)

41.05 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)

41.06 INTERFERENCE WITH OFFICIAL ACTS.

No person shall knowingly resist or obstruct anyone known by the person to be a peace officer, jailer, emergency medical care provider under Chapter 147A of the Code of Iowa, medical examiner, or firefighter, whether paid or volunteer, or a person performing bailiff duties pursuant to Section 602.1303[4] of the Code of Iowa, in the performance of any act that is within the scope of the lawful duty or authority of that officer, jailer, emergency medical care provider, medical examiner, or firefighter, or person performing bailiff duties, 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.
(Section 41.06 - Ord. 2021-10 - Aug. 21 Supp.)
(Code of Iowa, Sec. 719.1)

41.07 REMOVAL OF AN OFFICER’S COMMUNICATION OR CONTROL DEVICE.

No person shall knowingly or intentionally remove or attempt to remove a communication device or any device used for control from the possession of a peace officer or correctional officer, when the officer is in the performance of any act which is within the scope of the lawful duty or authority of that officer and the person knew or should have known the individual to be an officer.
(Code of Iowa, Sec. 708.12)

41.08 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)

41.09 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])

41.10 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 10 acres or more and is used as agricultural land.

41.11 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.

41.12 THROWING AND SHOOTING.

It is unlawful for a person to throw stones, bricks, or missiles of any kind or to shoot arrows, paintballs, 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])

41.13 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.

41.14 FIREWORKS.

1.   Definition. The term “fireworks” includes “consumer fireworks,” “display fireworks,” and “novelties,” as defined by Section 727.2(1) of the Code of Iowa.
2.   Regulations. All fireworks are subject to the following regulations:
   A.   Display fireworks shall not be used within the City unless a permit for such use has been granted by the City Council, after appropriate application has been made in writing. Any use of display fireworks shall be overseen by a competent operator at all times. Even when a permit has been granted, the Fire Chief shall have the discretion to prohibit all use of fireworks if, in his judgment, it would be too dangerous under the particular conditions to use them. No permit shall be granted unless the applicant provides proof of insurance in the following amounts:
      (1)   Personal Injury - $250,000.00 per person.
      (2)   Property Damage - $50,000.00 per occurrence.
      (3)   Total Exposure - $1,000,000.00.
   B.   Though they may be sold within the corporate limits of the City by a properly authorized dealer, no consumer fireworks or novelties shall be used within the City except during these dates and times:
      (1)   July 3 between the hours of 9:00 a.m. and 10:00 p.m.
      (2)   July 4th between the hours of 9:00 a.m. and 11:00 p.m.
      (3)   December 31st.between the hours of 9:00 a.m. on December 31st and 12:30 a.m. January 1st.
   A properly authorized dealer shall post a copy of the ordinance codified in this section in a location easily visible to customers at the place of sale.
   C.   Any violation of this section is punishable by a civil penalty of $250.00 per violation.
(Section 41.14 – Ord. 2025-03 – Aug. 25 Supp.)

41.15 DRUG PARAPHERNALIA.

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. “Drug paraphernalia,” as used in this section, 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.
(Code of Iowa, Sec. 124.414)

41.16 FAILURE TO ASSIST.

A person who reasonably believes another person is suffering from a risk of serious bodily injury or imminent danger of death shall, if the person is able, attempt to contact local law enforcement or local emergency response authorities, if doing so does not place the person or other person at risk of serious bodily injury or imminent danger of death. No person shall without lawful cause violate the provisions of this section. A person shall not be required to contact local law enforcement or emergency response authorities if the person knows or reasonably believes that the other person is not in need of help or assistance.
(Code of Iowa, Sec. 727.12)
(Section 41.16 - Ord. 2021-08 - Aug. 21 Supp.)