CHAPTER 727
HEALTH, SAFETY, AND WELFARE

Referred to in §331.307, 364.22, 701.1

  
     
727.1  Distributing dangerous substances.
  Any person who distributes samples of any drugs or medicine, or any corrosive, caustic, poisonous or other injurious substance, commits a simple misdemeanor unless the person delivers such into the hands of a competent person, or otherwise takes reasonable precautions that the substance will not be taken by children or animals from the place where the substance is deposited.
[S13, §4999-a42, 4999-a43; C24, 27, 31, 35, 39, §13244, 13245; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §732.8, 732.9; C79, 81, §727.1]

  
     
727.2  Fireworks.
  1.  Definitions.   For purposes of this section:
  a.  “Consumer fireworks” includes first-class consumer fireworks and second-class consumer fireworks as those terms are defined in section 10A.519, subsection 1. “Consumer fireworks” does not include novelties enumerated in chapter 3 of the American pyrotechnics association’s standard 87-1 or display fireworks enumerated in chapter 4 of the American pyrotechnics association’s standard 87-1.
  b.  “Display fireworks” includes any explosive composition, or combination of explosive substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and includes fireworks containing any explosive or flammable compound, or other device containing any explosive substance. “Display fireworks” does not include novelties or consumer fireworks enumerated in chapter 3 of the American pyrotechnics association’s standard 87-1.
  c.  “Novelties” includes all novelties enumerated in chapter 3 of the American pyrotechnics association’s standard 87-1, and that comply with the labeling regulations promulgated by the United States consumer product safety commission.
  2.  Display fireworks.
  a.  A person, firm, partnership, or corporation who offers for sale, exposes for sale, sells at retail, or uses or explodes any display fireworks, commits a simple misdemeanor, punishable by a fine of not less than two hundred fifty dollars. However, a city council of a city or a county board of supervisors may, upon application in writing, grant a permit for the display of display fireworks by municipalities, fair associations, amusement parks, and other organizations or groups of individuals approved by the city or the county board of supervisors when the display fireworks will be handled by a competent operator, but no such permit shall be required for the display of display fireworks at the Iowa state fairgrounds by the Iowa state fair board, at incorporated county fairs, or at district fairs receiving state aid. Sales of display fireworks for such display may be made for that purpose only.
  b.  (1)  A person who uses or explodes display fireworks while the use of such devices is prohibited or limited by an ordinance or resolution adopted by the county or city in which the firework is used commits a simple misdemeanor, punishable by a fine of not less than two hundred fifty dollars.
  (2)  A person who uses or explodes display fireworks while the use of such devices is suspended by an order of the director of the department of inspections, appeals, and licensing pursuant to section 10A.511, subsection 6, commits a simple misdemeanor, punishable by a fine of not less than two hundred fifty dollars.
  3.  Consumer fireworks and novelties.
  a.  A person or a firm, partnership, or corporation may possess, use, or explode consumer fireworks in accordance with this subsection and subsection 4.
  b.  A person, firm, partnership, or corporation who sells consumer fireworks to a person who is less than eighteen years of age commits a simple misdemeanor, punishable by a fine of not less than two hundred fifty dollars. A person who is less than eighteen years of age who purchases consumer fireworks commits a simple misdemeanor, punishable by a fine of not less than two hundred fifty dollars.
  c.  (1)  A person who uses or explodes consumer fireworks or novelties while the use of such devices is prohibited or limited by an ordinance adopted by the county or city in which the fireworks are used commits a simple misdemeanor, punishable by a fine of not less than two hundred fifty dollars.
  (2)  A person who uses or explodes consumer fireworks or novelties while the use of such devices is suspended by an order of the director of the department of inspections, appeals, and licensing pursuant to section 10A.511, subsection 6, commits a simple misdemeanor, punishable by a fine of not less than two hundred fifty dollars.
  d.  Any retailer or community group offering for sale at retail any consumer fireworks shall do so in accordance with the national fire protection association standard 1124, published in the code for the manufacture, transportation, storage, and retail sales of fireworks and pyrotechnic articles, 2006 edition, and shall not be subject to any other standards or requirements unless provided for by the director of the department of inspections, appeals, and licensing under section 10A.519.
  4.  Limitations.
  a.  A person shall not use or explode consumer fireworks on days other than June 1 through July 8 and December 10 through January 3 of each year, all dates inclusive.
  b.  A person shall not use or explode consumer fireworks at times other than between the hours of 9:00 a.m. and 10:00 p.m., except that on the following dates consumer fireworks shall not be used at times other than between the hours specified:
  (1)  Between the hours of 9:00 a.m. and 11:00 p.m. on July 4 and the Saturdays and Sundays immediately preceding and following July 4.
  (2)  Between the hours of 9:00 a.m. on December 31 and 12:30 a.m. on the immediately following day.
  (3)  Between the hours of 9:00 a.m. and 11:00 p.m. on the Saturdays and Sundays immediately preceding and following December 31.
  c.  A person shall not use consumer fireworks on real property other than that person’s real property or on the real property of a person who has consented to the use of consumer fireworks on that property.
  d.  A person who violates this subsection commits a simple misdemeanor. A court shall not order imprisonment for violation of this subsection.
  5.  Applicability.
  a.  This section does not prohibit the sale by a resident, dealer, manufacturer, or jobber of such fireworks as are not prohibited by this section, or the sale of any kind of fireworks if they are to be shipped out of the state, or the sale or use of blank cartridges for a show or the theater, or for signal purposes in athletic sports or by railroads or trucks, for signal purposes, or by a recognized military organization.
  b.  This section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes.
  c.  Unless specifically provided otherwise, this section does not apply to novelties.
[C39, §13245.08 – 13245.10; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §732.17 – 732.19; C79, 81, §727.2]
92 Acts, ch 1163, §120; 99 Acts, ch 153, §22; 2008 Acts, ch 1032, §106; 2017 Acts, ch 115, §10, 12; 2023 Acts, ch 12, §7, 8; 2023 Acts, ch 19, §1706, 1707; 2023 Acts, ch 119, §29
Referred to in §10A.511, 100.1, 101A.1, 331.301, 331.304, 364.2, 461A.42

     
727.3  Abandoned or unattended refrigerators.
  Any person who abandons or otherwise leaves unattended any refrigerator, icebox, or similar container, with doors that may become locked, outside of buildings and accessible to children, or any person who allows any such refrigerator, ice box, or similar container, to remain outside of buildings on premises in the person’s possession or control, abandoned or unattended and so accessible to children, commits a simple misdemeanor.
[C58, 62, 66, 71, 73, 75, 77, §732.20 – 732.23; C79, 81, §727.3]

     
727.4  Exposing persons to X-ray radiation.
  Any person other than one licensed to practice medicine, osteopathic medicine, chiropractic, or dentistry, or one acting under the direction of a person so licensed, who knowingly exposes any other person to X-ray radiation, commits a simple misdemeanor.
[C62, 66, 71, 73, 75, 77, §732.24; C79, 81, §727.4]

     
727.5  Obstruction of emergency communications.
  An emergency communication is any telephone call or radio transmission to a fire department or police department for aid, or a call or transmission for medical aid or ambulance service, when human life or property is in jeopardy and the prompt summoning of aid is essential. A person who fails to relinquish a telephone or telephone line which the person is using when informed that the phone or line is needed for an emergency call or knowingly and intentionally obstructs or interferes with an emergency call or transmission commits a simple misdemeanor.
[C62, 66, 71, 73, 75, 77, §714.33, 714.34; C79, 81, §727.5]
87 Acts, ch 12, §1
Referred to in §727.7

     
727.6  Falsely claiming emergency.
  Any person who secures the use of a telephone or telephone line by falsely stating that such telephone or line is needed for an emergency call commits a simple misdemeanor.
[C62, 66, 71, 73, 75, 77, §714.35; C79, 81, §727.6]
Referred to in §727.7

     
727.7  Publication required.
  Every telephone company doing business in this state shall print a copy of sections 727.5 and 727.6 in a prominent place in every telephone directory published by it. Any person, firm, or corporation providing telephone service which distributes or causes to be distributed in this state copies of a telephone directory which is subject to the provisions of this section which does not contain the notice herein provided for commits a simple misdemeanor.
[C62, 66, 71, 73, 75, 77, §714.36; C79, 81, §727.7]

  
     
727.8  Electronic and mechanical eavesdropping.
  1.  “Monitoring device” means a digital video or audio streaming or recording device that records, listens to, or otherwise intercepts video or audio communications in order to provide proof of or prevent criminal activity that is placed outside of a person’s dwelling or other structure that is not in a shared hallway and is on real property owned or leased by the person.
  2.  Any person, having no right or authority to do so, who taps into or connects a listening or recording device to any telephone or other communication wire, or who by any electronic or mechanical means listens to, records, or otherwise intercepts a conversation or communication of any kind, commits a serious misdemeanor. 
  3.  This section does not apply to any of the following: 
  a.  The recording by a sender or recipient of a message or one who is openly present and participating in or listening to a communication from recording such message or communication. 
  b.  The use of any radio or television receiver to receive any communication transmitted by radio or wireless signal.
  c.  The use of a monitoring device.
[C97, §4816; C24, 27, 31, 35, 39, §13121; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §716.8; C79, 81, §727.8]
2018 Acts, ch 1102, §1

  
     
727.8A  Cameras or electronic surveillance devices — trespass.
  A person committing a trespass as defined in section 716.7 who knowingly places or uses a camera or electronic surveillance device that transmits or records images or data while the device is on the trespassed property commits an aggravated misdemeanor for a first offense and a class “D” felony for a second or subsequent offense.
2021 Acts, ch 83, §2

     
727.9  Transacting business without a license.
  Unless another penalty is specifically provided, any person who without a license carries on or transacts any business or occupation for which a license is required by any law of this state, commits a simple misdemeanor.
[C51, §2737; R60, §4380; C73, §4046; C97, §5010; C24, 27, 31, 35, 39, §13072; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §713.27; C79, 81, §727.9]

     
727.10  Exhibiting persons.
  A person shall not exhibit, place on exhibition, or cause to be exhibited any person without the permission of the person exhibited or the person’s parent or guardian. A parent or guardian of an exhibited person shall not receive compensation from the exhibition. A person who violates this section commits a serious misdemeanor.
[S13, §4975-1a; C24, 27, 31, 35, 39, §13197; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §725.12; C79, 81, §727.10]
95 Acts, ch 168, §1

     
727.11  Disclosure of information concerning use of videotapes — penalty.
  1.  Except as provided in subsection 2, a person engaged in the business of renting, leasing, loaning, or otherwise distributing for a fee videotapes or other like items to individuals for personal use shall not disclose any information which would reveal the identity of an individual renting, leasing, borrowing, or otherwise obtaining through the business a videotape or other like item, except to the extent permitted by the individual as evidenced by the individual’s written consent or as otherwise provided in this section.
  2.  In the absence of consent, the information may be released in any of the following situations:
  a.  To a criminal or juvenile justice agency only pursuant to an investigation of a particular person or organization suspected of committing a known crime. The information shall be released only upon a judicial determination that a rational connection exists between the requested release of information and a legitimate end and that the need for the information is cogent and compelling.
  b.  To the extent reasonably necessary to collect payment for the rental, lease, or other distribution fee for the materials, if the individual has been given written notice that the payment is due and the individual has failed to pay or arrange for payment within a reasonable time after this notice.
  c.  If the disclosure is for the exclusive purpose of marketing goods and services directly to the consumer. The person disclosing the information shall inform the customer in writing that the customer may, by written notice, require the person to refrain from disclosing the information pursuant to this paragraph.
  3.  A person who violates this section commits a simple misdemeanor.
88 Acts, ch 1256, §2; 89 Acts, ch 296, §89; 96 Acts, ch 1034, §64

     
727.12  Failure to assist.
  1.  A person who reasonably believes another person is suffering from a risk of serious bodily injury or imminent danger of death shall, if the person is able, attempt to contact local law enforcement or local emergency response authorities, if doing so does not place the person or the other person at risk of serious bodily injury or imminent danger of death. A person shall not be required to contact local law enforcement or emergency response authorities if the person knows or reasonably believes that the other person is not in need of help or assistance.
  2.  A person who violates this section without lawful cause commits the following:
  a.  A simple misdemeanor if the failure to assist results in the other person suffering serious bodily injury.
  b.  An aggravated misdemeanor if the failure to assist results in the death of the other person.
2021 Acts, ch 173, §3