HomeMy WebLinkAbout~Master - Prohibiting Violation of Individual's Rights, Hate Crimes ORDINANCE NO. 3086
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE
CITY OF AMES, IOWA, BY REPEALING SECTION 17.5 THERE-
OF AND ENACTING A NEW SECTION 17.5 PROHIBITING VIO-
LATIONS OF AN INDIVIDUAL'S RIGHTS; PROVIDING A
PENALTY; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; ESTABLISHING A PENALTY AND SETTING AN
EFFECTIVE DATE.
BE IT ORDAINED, by the City Council for the City of Ames, Iowa that:
Section One. The Municipal Code of the City of Ames, Iowa shall
be and the same is hereby amended by repealing Section 17.5 thereof
and adopting a new Section 17.5 as follows:
"17.5 PROHIBITING VIOLATIONS OF AN INDIVIDUAL'S
RIGHTS -- PENALTIES
(1) Persons within the City of Ames have the right to be
free from any violence, or intimidation by threat of
violence, committed against their persons or property
because of their race, color, religion, ancestry, national
origin, political affiliation, or sex, sexual orientation,
age, or disability.
(2) A person, who acts alone, or who conspires with another
person or persons, . to injure, oppress, threaten, or
intimidate or interfere with any citizen in the free
exercise or enjoyment of any right or privilege secured
to that person by the constitution or laws of the United
States, and assembles with one or more persons for the
purpose of teaching or being instructed in any technique
or means capable of causing property damage, bodily
injury or death when the person or persons intend to
employ those techniques or means in furtherance of the
conspiracy, is on conviction, guilty of a misdemeanor.
A person intimidates or interferes with another person if
the act of the person results in any of the following:
(a) Physical injury to the other person.
(b) Physical damage to or destruction of the other
person's property.
(c) Communication in a manner, or action in a
manner, intended to result in either of the
following:
(i) To place the other person in fear of
physical contact which will be injurious,
insulting, or offensive, coupled with the
apparent ability to execute the act.
(ii) To place the other person in fear of harm
to the other person's property, or harm
to the person or property of a third
person.
(iii) A person who maliciously and intentionally
intimidates or interferes with another
person because of that person's race,
color, religion, ancestry, national origin,
political affiliation, sex, sexual
orientation, age, or disability and while
doing so commits any of the following
acts, is guilty of a misdemeanor:
a. Commits an assault, as defined in
Section 708.1, Code of Iowa, upon
that person or a third person.
b. Commits an act of criminal mischief,
as defined in Section 716.1, Code of
Iowa, upon that person or a third
person.
(iv) The fact that a person committed a crime
or attempted to commit a crime, because
of the victim's race, color, religion,
ancestry, national origin, political
affiliation, sex, sexual orientation, age,
or disability, shall be considered a
circumstance in aggravation of said
offense in imposing sentence and fine.
Evidence of such fact includes, but is not
limited to, the burning of crosses and
other symbols, and a rebuttable
presumption of the fact arises where such
an act is shown to have been committed.
(v) This section does not make unlawful the
teaching of any technique in self-defense.
(vi) This section does not make unlawful any
activity of any of the following officials or
persons:
a. Law enforcement officials of this or
any other jurisdiction while engaged
in the lawful performance of their
official duties.
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b. Federal officials required to carry
firearms while engaged in the lawful
performance of their official duties.
C. Members of the armed forces of the
United States or the national guard
while engaged in the lawful perfor-
mance of their official duties.
d. Any conservation commission, law
enforcement agency, or any agency
licensed to provide security
services, or any hunting club, gun
club, shooting range, or other
organization or entity whose primary
purpose is to teach the safe handling
or use of firearms, archery equip-
ment, or other weapons or
techniques employed in connection
with lawful sporting or other lawful
activity.
(vii) This section shall not be construed
to establish any new category of
individual rights not currently protected
by the laws of this sate or federal law,
or to enlarge, diminish, or impair any
right guaranteed by the laws of this state
or federal law."
Section Two. Any and all ordinances or parts of ordinances in
conflict herewith are hereby repealed to the extent of such conflict.
Section Three. Violation of the provisions of this ordinance shall
constitute a misdemeanor punishable by a fine not to exceed $100 or by
imprisonment for not more than 30 days.
Section Four. This ordinance shall be in full force and effect
from and after its passage and publication as required by law.
Passed this 2Eth day of June 1990.
Na cy Dio ' i, City Clerk Larry Curtis, Mayor
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