{"id":"DUT-IA-005","kind":"duty","level":"state","jurisdiction":"Iowa","state":"IA","metro":"","industry":"","agency":"","eco":"","issuer":"Iowa General Assembly","authority":"Iowa Code §§ 29C.6(1), (6), (15), 29C.18 (2021)","instrument":"Iowa Code ch. 29C (2021), including § 29C.6 (Proclamation of disaster emergency by governor) and § 29C.18 (Enforcement duties)","title":"Iowa Code 2021, Chapter 29C - Emergency Management and Security","dateIssued":"2021-01-01","effective":"standing throughout 2020-2021","end":"standing","startDate":"2021-01-01","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["EMER","DUTY","TRAV","CLOSE","OTHER"],"addressees":["persons generally; owners or persons in control of premises in the disaster area (the entire State from Mar. 9, 2020)"],"clause":"15. Control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises in such area. [§ 29C.6]... A peace officer... may arrest without a warrant any person violating or attempting to violate in such officer\u0027s presence any order or rule, made pursuant to this chapter. [§ 29C.18(2)]","enforcement":"warrantless arrest under § 29C.18(2); the offense is the simple misdemeanor of § 135.38 for orders issued in conjunction with the Department of Public Health (DUT-IA-013, DUT-IA-009). Chapter 29C states no fine of its own (text searched: no \u0027misdemeanor\u0027 or \u0027penalty\u0027 provision in ch. 29C).","functions":[],"notes":"Authorized the Governor to proclaim a disaster emergency (§ 29C.6(1)), to suspend regulatory statutes and rules (§ 29C.6(6)), and to control \u0027the occupancy of premises\u0027 in the disaster area (§ 29C.6(15)); made the Governor\u0027s orders enforceable by emergency-management organizations (\u0027shall execute and enforce the orders or rules made by the governor,\u0027 § 29C.18(1)) and by warrantless arrest of any person violating an order \u0027which affect[s] the public generally\u0027 (§ 29C.18(2)).","sourceUrl":"https://www.legis.iowa.gov/docs/code/2021/29C.pdf","snapshot":"","fileExists":true,"fileBytes":217705,"grade":"primary","character":"order_penalty","description":"","collection":"DUT-IA","url":"/library/DUT-IA-005","exhibitUrl":"/exhibit/DUT-IA-005","citation":"Iowa General Assembly, Iowa Code ch. 29C (2021), including § 29C.6 (Proclamation of disaster emergency by governor) and § 29C.18 (Enforcement duties) (standing) (Ex. DUT-IA-005)","stateName":"Iowa","related":["IA-007","IA-035","DUT-IA-013","DUT-IA-009","DUT-IA-003","DUT-IA-004","DUT-IA-006","DUT-IA-008","DUT-IA-010","DUT-IA-011","DUT-IA-001"]}