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Home » US Law » 2022 Iowa Code » Title III - PUBLIC SERVICES AND REGULATION » Chapter 99 - HOUSES USED FOR PROSTITUTION OR GAMBLING

Section 99.1 – Definitions.

99.1 Definitions. As used in this chapter, unless the context otherwise requires, “book”, “list”, “record”, or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1. 2000 Acts, ch 1148, §1

Section 99.10 – Notice.

99.10 Notice. Three days’ notice in writing shall be given the defendants of the hearing of the application for temporary injunction, and if then continued at the instance of defendant, the temporary writ as petitioned for shall be granted as a matter of course. [SS15, §4944-h2; C24, 27, 31, 35, 39, §1596; C46, 50, 54, […]

Section 99.11 – Answer.

99.11 Answer. Each defendant so notified shall serve upon the complainant or the complainant’s attorney a verified answer on or before the date fixed in the notice for a hearing, and the answer shall be filed with the clerk of the district court of the county where the cause is triable, but the court may […]

Section 99.12 – Scope of injunction.

99.12 Scope of injunction. When an injunction has been granted, it shall be binding on the defendant throughout the judicial district in which it was issued, and any violation of the provisions of the injunction or temporary restraining order herein provided, shall be a contempt and punished as hereinafter provided. [SS15, §4944-h2; C24, 27, 31, […]

Section 99.14 – Evidence.

99.14 Evidence. In such action evidence of the general reputation of the place shall be competent for the purpose of proving the existence of said nuisance and shall be prima facie evidence of such nuisance and of knowledge thereof and of acquiescence and participation therein on the part of the owners, lessors, lessees, users, and […]

Section 99.15 – Dismissal.

99.15 Dismissal. If the complaint is filed by a citizen or a corporation, it shall not be dismissed except upon a sworn statement made by the complainant and the complainant’s attorney, setting forth the reasons why the action should be dismissed and the dismissal approved by the county attorney in writing or in open court. […]

Section 99.16 – Delay in trial.

99.16 Delay in trial. If the court is of the opinion that the action ought not to be dismissed, the court may direct the county attorney to prosecute said action to judgment at the expense of the county, and if the action is continued beyond the first trial calendar to which assigned, any citizen of […]

Section 99.17 – Costs.

99.17 Costs. If the action is brought by a citizen or a corporation and the court finds there were no reasonable grounds or cause for said action, the costs may be taxed to such citizen or corporation. [SS15, §4944-h3; C24, 27, 31, 35, 39, §1603; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, […]

Section 99.18 – Violation of injunction.

99.18 Violation of injunction. In case of the violation of any injunction granted under the provisions of this chapter, or of a restraining order or the commission of any contempt of court in proceedings under this chapter, the court may summarily try and punish the offender. [SS15, §4944-h4; C24, 27, 31, 35, 39, §1604; C46, […]

Section 99.19 – Procedure.

99.19 Procedure. The proceedings shall be commenced by filing with the clerk of the court a complaint under oath, setting out and alleging facts constituting such violation, upon which the court shall cause a warrant to issue, under which the defendant shall be arrested. The trial may be had upon affidavits, or either party may […]

Section 99.1A – Houses of prostitution or other nuisances.

99.1A Houses of prostitution or other nuisances. 1. A person who erects, establishes, continues, maintains, uses, owns, or leases any building, erection, or place used for the purpose of prostitution or gambling, except as authorized under the laws of this state is guilty of a nuisance. The building, erection, or place, or the ground itself, […]

Section 99.2 – Injunction — procedure.

99.2 Injunction — procedure. When a nuisance is kept, maintained, or exists, as defined in this chapter, the county attorney, or any citizen of the county, or any society, association, or body incorporated under the laws of this state, may maintain an action in equity in the name of the state of Iowa, upon the […]

Section 99.20 – Penalty.

99.20 Penalty. A party found guilty of contempt under the provisions of this chapter shall be punished by a fine of not less than two hundred nor more than one thousand dollars or by imprisonment in the county jail not less than three nor more than six months or by both fine and imprisonment. [SS15, […]

Section 99.21 – Abatement — sale of property.

99.21 Abatement — sale of property. If the existence of the nuisance be admitted or established in an action as provided in this chapter, or in a criminal proceeding in the district court, an order of abatement shall be entered as a part of the judgment in the case, which order shall direct the removal […]

Section 99.22 – Fees.

99.22 Fees. For removing and selling the movable property, the officer shall be entitled to charge and receive the same fees as the officer would for levying upon and selling like property, on execution, and for closing the premises and keeping them closed a reasonable sum shall be allowed by the court. [SS15, §4944-h5; C24, […]

Section 99.23 – Breaking and entering closed building — punishment.

99.23 Breaking and entering closed building — punishment. If any person shall break and enter or use a building, erection, or place so directed to be closed, the person shall be punished as for contempt as provided in this chapter. [SS15, §4944-h5; C24, 27, 31, 35, 39, §1609; C46, 50, 54, 58, 62, 66, 71, […]

Section 99.24 – Duty of county attorney.

99.24 Duty of county attorney. In case the existence of such nuisance is established in a criminal proceeding in a court not having equitable jurisdiction, it shall be the duty of the county attorney to proceed promptly under this chapter to enforce the provisions and penalties thereof; and the finding of the defendant guilty in […]

Section 99.25 – Proceeds.

99.25 Proceeds. All moneys collected under this chapter shall be paid to the county treasurer. The proceeds of the sale of the personal property as provided in section 99.21 shall be applied in payment of the costs of the action and abatement or so much of such proceeds as may be necessary, except as hereinafter […]

Section 99.26 – Release of property.

99.26 Release of property. If the owner of the premises in which said nuisance has been maintained appears and pays all costs of the proceeding, and files a bond with sureties to be approved by the court in the full value of the property, to be ascertained by the court, conditioned that the owner will […]

Section 99.27 – Mulct tax.

99.27 Mulct tax. When a permanent injunction issues against any person for maintaining a nuisance as defined in section 99.1A, or against any owner or agent of the building kept or used for the purpose prohibited by this chapter, there shall be imposed upon said building and the ground upon which the same is located […]