Discussion and Review of Tiffin Municipal Code Revisions — Council Updates

CHAPTER 42 PUBLIC AND PRIVATE PROPERTY (6) Entering or remaining upon or in public utility property without lawful authority or without the consent of the public utility that owns, leases, or operates the public utility property. This subparagraph does not apply to passage over public utility right-of- way by a person if the person has not been notified or requested by posted signage or other means to abstain from entering onto the right- of-way or to vacate the right-of-way. (Code of Iowa, Sec. 716.7(2)(a)(6)) 3. Specific Exceptions. “Trespass” does not mean either of the following: (Code of Iowa, Sec. 716.7(2)(b)) A. Entering upon the property of another for the sole purpose of retrieving personal 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. This paragraph does not apply to public utility property where the person has been notified or requested by posted signage or other means to abstain from entering. (Code of Iowa, Sec. 716.7(2)(b)(1)) B. Entering upon the right-of-way of a public road or highway. (Code of Iowa, Sec. 716.7(2)(b)(2)) C. This section shall not apply to the following persons: (Code of Iowa, Sec. 716.7(3)) (1) Representatives of the State Department of Transportation, the Federal Railroad Administration, or the National Transportation Safety Board who enter or remain upon or in railway property while engaged in the performance of official duties. (Code of Iowa, Sec. 716.7(3)(a)) (2) Employees of a railway corporation who enter or remain upon or in railway property while acting in the course of employment. (Code of Iowa, Sec. 716.7(3)(b)) (3) Any person who is engaged in the operation of a lawful business on railway station ground or in the railway depot. (Code of Iowa, Sec. 716.7(3)(c)) (4) Representatives of the State Utilities Commission, the Federal Energy Regulatory Commission, or the Federal Communications Commission who enter or remain upon or in public utility property while engaged in the performance of official duties. (Code of Iowa, Sec. 716.7(3)(d)) (5) Employees of a public utility who enter or remain upon or in public utility property while acting in the course of employment. (Code of Iowa, Sec. 716.7(3)(e)) 42.02 CRIMINAL MISCHIEF. It is unlawful, for any person who has no right to do so, to intentionally damage, deface, alter, or destroy property. (Code of Iowa, Sec. 716.1) CODE OF ORDINANCES, TIFFIN, IOWA - 339 -