Council Bluffs, IA Public Conduct: Loitering Rules (2026)
Key Facts
- Prohibited conduct
- Grouping and loitering that blocks passage
- Covered locations
- Sidewalks and street corners
- Origin
- Ordinance 2078 (1910)
- Penalty basis
- Iowa Code § 903.1 via CBMC 8.02.020
Summary
In the City of Council Bluffs, CBMC 8.48.010 makes it unlawful for people to collect and loiter on a sidewalk or street corner in a way that annoys, hinders, or blocks pedestrians passing by. The century-old ordinance, dating to 1910, remains on the books and carries the city's standard misdemeanor penalty.
It is unlawful for persons to collect, assemble or group together, and, after being so collected, assembled or grouped together, to stand or loiter on any sidewalk or at any street corner in front of any bank, business house, or at any other place in the city, to the annoyance, hindrance or obstruction to the free passage of any person or persons passing on or along any sidewalk or street in the city. ... Any person found guilty of a violation of any of the provisions of this chapter shall, upon conviction, be subject to the penalty provisions of CBMC 8.02.020. Each day that a violation is allowed to continue shall constitute a separate and distinct violation.
Full Breakdown
CBMC 8.48.010 targets groups: it is unlawful for persons to collect, assemble, or group together and, having done so, to stand or loiter on any sidewalk or at any street corner in front of a bank, business house, or any other place in the city, where the effect is to annoy, hinder, or obstruct the free passage of anyone passing along the sidewalk or street. The provision traces to Ordinance 2078, section 80, adopted in 1910, and sits in its own short chapter, 8.48, with only the loitering section and a penalty clause. Unlike the city's separate criminal trespass provision in CBMC 8.44.015, which addresses trespassing on another's property under Iowa Code § 805.8C, this loitering ordinance is aimed specifically at obstruction of public sidewalks and street corners rather than trespass onto private land, and it does not require proof of any underlying criminal purpose, only that a group's presence blocked or hindered passersby.
Violations & Fines
A violation of CBMC Chapter 8.48 carries the general misdemeanor penalty under CBMC 8.02.020, a fine or imprisonment set by Iowa Code § 903.1, with each day of continued violation treated as a separate offense. The city attorney may instead pursue the matter as a municipal infraction under CBMC 1.95 rather than criminal prosecution.
Frequently Asked Questions
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Sources & Official References
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