Discussion and Review of Tiffin Municipal Code Revisions — Council Updates

CHAPTER 40 PUBLIC PEACE 40.01 Assault 40.03 Disorderly Conduct 40.02 Harassment 40.04 Failure to Disperse 40.01 ASSAULT. No person shall, without justification, commit assault defined as follows: 1. Types of Assault. A. Any act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act. (Code of Iowa, Sec. 708.1(2)(a)) B. Any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act. (Code of Iowa, Sec. 708.1(2)(b)) C. Intentionally points any firearm toward another, or displays in a threating manner any dangerous weapon toward another. (Code of Iowa, Sec. 708.1(2)(c)) 2. Exceptions. An act described as assault in Subsection 1 shall not be an assault under the following circumstances: A. If the person doing any of the enumerated acts, and such other person, are voluntary participants in a sport, social, or other activity, not in itself criminal, and such act is a reasonably foreseeable incident of such sport or activity and does not create an unreasonable risk of serious injury or breach of the peace. (Code of Iowa, Sec. 708.1(3)(a)) B. If the person doing any of the enumerated acts is employed by a school district or accredited nonpublic school, or is an area education agency staff member who provides services to a school or school district, and intervenes in a fight or physical struggle, or other disruptive situation, that takes place in the presence of the employee or staff member performing employment duties in a school building, on school grounds, or at an official school function regardless of the location, whether the fight or physical struggle or other disruptive situation is between students or other individuals, if the degree and the force of the intervention is reasonably necessary to restore order and to protect the safety of those assembled. (Code of Iowa, Sec. 708.1(3)(b)) 40.02 HARASSMENT. 1. Definition. The following term is defined for use in this section. A. “Personal contact” means an encounter in which two or more people are in visual or physical proximity to each other. Personal contact does not CODE OF ORDINANCES, TIFFIN, IOWA - 319 -