1 Supplement No. 01 - Code of Ordinances - August 1977consisting of Chapters 1 through 38, and including codes
adopted by reference and all subdivisions of the same, the
same being designated as the "Code of Ordinances, City of
Dubuque, Iowa," is in full force and effect from and after the
passage and publication of this ordinance, according to law,
and the "Code of Ordinances, City of Dubuque, Iowa," shall
be in full force and effect from and after December 3, 1976.
Passed, approved and adopted, this 1st day of. November,
1976.
SEAL
Attest:
Leo F. Frommelt
City Clerk
Emil Stacks
Mayor Pro Tem
TABLE OF CONTENTS
Page
Officials of City at Time of Codification iii
Preface v
Ordinance Adopting Code ix
CODE OF ORDINANCES
Chapter
1. General Provisions 1
2. Administration 55
Art. I. In General 55
Art. II. City Council 58
Div. 1. Generally 58
Div. 2. Rules of Procedure 60
Art. III. Officers and Employees 65
Div. 1. Generally 65
Div. 2. Mayor 67
Div. 3. Manager 68
Div. 4. City Clerk 71
Div. 5. City Solicitor 74
Div. 6. City Treasurer ____ 77
Art. IV. Civil Service Commission 78
Art. V. Emergency Succession 80
3. Advertising 133
Art. I. In General 133
Art. II. Billposters, Billposting and Distribut-
ing 134
Art. III. Signs 136
Div. 1. Generally 136
Div. 2. Construction 140
Div, 3. Licenses, Permits and Bonds 143
4. Airport 197
Art. I. In General 197
Art. II. Commission 200
Art. III. Manager 201
Art. IV. Zoning Commission 202
xv
DUBUQUE CODE
Chapter Page
Art. V. Zoning Regulations 203
Div. 1. Generally 203
Div. 2. Board of Adjustment 207
Div. 3. Zones 209
Div. 4. Height Limitations 210
Div. 5. Land and Non -Conforming Use
Restrictions 212
5. Alcoholic Beverages 263
Art. I. In General 263
Art. II. Liquor Control Licenses and Beer Per-
mits 267
6. Amusements 327
Art. I. In General 327
Art. II. Billiard and Pool Halls 327
Div. 1. Generally 327
Div. 2. License 330
Art. III. Bowling Alleys 330
Art. IV. Circuses, Carnivals and Menageries 331
Art. V. Open Air Shows 333
Art. VI. Public Dances and Dance Halls 334
Art. VII. Shooting Galleries 338
Art. VIII. Theaters and Halls 338
Art. IX. Roller Skating Rinks 340
7. Animals and Fowl 393
Art. I. In General 393
Art. II. Dogs 396
Div. 1. Generally 396
Div. 2. License 399
Div. 3. Rabies Control 401
8. Auctions and Auctioneers 453
Art. I. In General 453
Art. II. Licenses and Permtis 454
9. Bicycles 507
Art. I. In General 507
Art. II. Registration 509
xvi
TABLE OF CONTENTS—Cont'd.
Chapter Page
29. Planning and Development 1865
Art. I. In General 1865
Art. II. Planning and Zoning Commission 1866
30. Plumbing 1919
Art. I. In General 1919
Art. II. Administration 1922
Div. 1. Generally 1922
Div. 2. Plumbing Board 1924
Art. III. Permits 1927
Art. IV. Plumbers 1930
31. Police 1983
32. Railroads 2033
33. Streets, Sidewalks and Public Places 2087
Art. I. In General 2087
Art. II. Curbs and Driveways 2091
Div. 1. Generally 2091
Div. 2. Permit 2092
Art. III. Excavations 2094
Div. 1. Generally 2094
Div. 2. Permit 2096
Art. IV. Sidewalks 2097
Div. 1. Generally 2097
Div. 2. Snow and Ice Removal 2097
34. Subdivision Regulations 2149
Art. I. In General 2149
Art. II. Plats 2151
Div. 1. Generally 2151
Div. 2. Preliminary 2152
Div. 3. Final 2155
Art. III. Standards and Specifications 2159
Div. 1, Generally 2159
Div. 2. Streets, Alleys and Easements 2160
Div. 3. Blocks 2162
Div. 4. Lots 2162
Div. 5. Parks, Playgrounds and Schools_ 2163
xxi
DUBUQUE CODE
Chapter Page
35. Taxation 2213
Art. I. In General 2213
Art. II. City Assessor 2214
36. ' Utilities 2265
Art. I. In General 2265
Art. II. Sewers and Sewage Disposal 2267
Div. 1. Generally 2267
Div. 2. Disposal Restrictions 2269
Div. 3. Private Disposal Systems 2274
Div. 4. Rates 2275
Art. III. Transit Authority 2281
Art. IV. Water 2284
Div. 1. Generally 2284
Div. 2. Connections 2290
Div. 3. Meters 2298
Div. 4. Rates 2301
37. Vegetation ._ 2355
Art. I. In General 2.355
Art. II. Trees ..___ 2355
Div. 1. Generally 2355
Div. 2. Tree Trimmers 2355
Div. 3. Dutch Elm Disease .___ 2357
Art. III. Weeds 2359
38. Vehicles for Hire .____ 2411
Art. I. In General 2411
Art. II. Taxicabs 2411
Div. 1. Generally 2411
Div. 2. Permits and Licenses 2414
Appendix A. Zoning 2469
Art. I. Establishment of Districts Provisions
for Official Zoning Map and Inter-
pretation and Amendment Thereof 2471
Art. II. Non -Conforming Lots, Uses of Land,
Uses of Structures and Premises, and
Characteristics of Use: Amortization
Provisions 2473
Chapter 2
ADMINISTRATION*
Art. I. In General, §§
Art. II. City Council, §§ 2-20-2-66
Div. 1. Generally, §§ 2-20-2-30
Div. 2. Rules of Procedure, §§ 2-31-2-66
Art. III. Officers and Employees, §§ 2-67-2-177
Div. 1. Generally, §§ 2-67-2-80
Div. 2. Mayor, §§ 2-81-2-102
Div. 3. Manager, §§ 2-103-2-113
Div. 4. City Clerk, §§ 2-114-2-140
Div. 5. City Solicitor, §§ 2-141-2-158
Div. 6. City Treasurer, §§ 2-159-2-177
Art. IV. Civil Service Commission, §§ 2-178-2-198
Art. V. Emergency Succession, §§ 2-199-2-204
ARTICLE I. IN GENERAL
Sec. 2-1. Form of government.
The form of government of the city is the council -manager -
at -large form of government. (Ord. No. 17-75, § 3, 6-9-75)
State law reference—Council-manager-at-large form of government,
I.C.A. § 372.6.
*Cross references—Airport commission, Ch. 4, Art. II; airport man-
ager, Ch. 4, Art. III; airport zoning commission, Ch. 4, Art. IV; board
of adjustment for airport zoning regulations, Ch. 4, Art. V, Div. 2;
county -municipal civil defense agency, Ch. 11, Art. II; elections, Ch. 12;
electrical inspector, Ch. 13, Art. II; electrical appeal board, Ch. 13, Art.
III; examining board for registration of electricians, Ch. 13, Art. V,
Div. 2; fire department, Ch. 14, Art. II; city operated ambulance services,
Ch. 18, Art. II, Div. 3; housing regulations administration and enforce-
ment, Ch. 20, Art. II; human rights commission, Ch. 21, Art. II; human
relations enforcement, Ch. 21, Art. IV; library, Ch. 23; city sealer of
weights and measures, § 24-98; administration and enforcement of motor
vehicles and traffic regulations, Ch. 25, Art. II; department of public
docks, Ch. 26, Art. V, Div. 2; playground and recreation commission,
Ch. 27, Art. II; planning, Ch. 29; administration of plumbing regula-
tions, Ch. 30, Art. II; police, Ch. 31; streets, sidewalks, public places,
Ch. 33; subdivision regulations, Ch. 34; city tax assessor, Ch. 35, Art.
II; city utilities, Ch. 36.
55
§ 2-2
DUBUQUE CODE § 2-5
Sec. 2-2. Powers and duties of council and officers generally.
The city council, the mayor, the city manager and other city
officers shall have such powers and shall perform such duties
as are authorized or required by state law and by the ordi-
nances, resolutions, rules and regulations of the city. (Ord.
No. 17-75, § 4, 6-9-75)
Sec. 2-3. Fiscal year.
The first day of July of each year shall be and is hereby
fixed as the opening of the fiscal year, and all accounts,
records, statements and transactions of every kind or nature
shall be based or dated from July first of each year as the
fiscal year and all accounts, records, and transactions shall be
closed on the last day of June as the last day of the fiscal
year. (Ord. No. 34-51, § 1, 8-6-51)
Sec. 2-4. Bonds; approval.
Bonds of every character and description which are neces-
sary to be furnished the city by virtue of the provisions of
any ordinance thereof, except bonds required to be furnished
by public officials, may be approved by the city manager by
the endorsement of his approval thereon and filed in the office
of the city clerk and such approval shall have the same force
and effect as if they were approved by the city council. (Ord.
No. 211, § 1, 12-12-28)
Sec. 2-5. Emergency location for city government.
(a) Wherever due to an emergency resulting from the ef-
fects of enemy attack, or the anticipated effects of a threat-
ened enemy attack, it becomes imprudent, inexpedient or
impossible to conduct the affairs of city at the regular or
usual place or places thereof, the city council may meet at
any place within or without the territorial limits of the city,
or at any place within or without the territorial limits of the
56
§ 2-159 AD'MINIST'RATION § 2-165
DIVISION 6. CITY TREASURER
Sec. 2-159. Duties generally.
The duties of the treasurer shall be as provided in this
division.
Sec. 2-160. Fund records to be kept separate.
The city treasurer shall keep the record of each fund
separate.
Sec. 2-161. Receipt records.
The city treasurer shall keep an accurate record of all money
or securities received by him on behalf of the municipality
and specify date, from whom, and for what purpose received.
Sec. 2-162. Preparation of receipts.
The city treasurer shall prepare a receipt in triplicate for
all funds received. He shall give the original to the party
delivering the funds, send the duplicate to the clerk, and
retain the triplicate.
Sec. 2-163. Account of disbursements, etc.
The city treasurer shall keep an accurate account of all
disbursements, money or property, specifying date, to whom,
and from what fund paid.
Sec. 2-164. Special assessments accounts.
The city treasurer shall keep a separate account of all
money received by him from special assessments.
Sec. 2-165. Disposition of receipts.
The city treasurer shall, immediately upon receipt of monies
to be held in his custody and belonging to the city, deposit
the same in banks selected by the city council in amounts
not exceeding monetary limits authorized by the city council.
77
§ 2-166 DUBUQUECODE. § 2-182
Secs. 2-166-2-177. Reserved.
ARTICLE IV. CIVIL SERVICE COMMISSION*
Sec. 2-178. Applicability; provisions to comply with statutes.
The provisions of this article shall apply to those persons
enumerated in Iowa Code section 400.6 and shall be in accord-
ance with the laws of the state.
Sec. 2-179. Created.
A civil service commission is hereby created under and in
accordance with the provisions of chapter 365 of the Iowa Code
Annotated. (Ord. No. 104, § 1, 8-12-21)
Sec. 2-180. Qualifications generally.
The civil service commissioners shall be citizens of Iowa
and residents of the city for more than five (5) years next
preceding their appointment, and shall not, while on the com-
mission, hold or be a candidate for any office of public trust.
(Ord. No. 104, § 1, 8-12-21)
Sec. 2-181. Appointment; term.
The mayor, with the approval of the council, shall appoint
three (3) civil service commissioners who shall hold office,
one (1) until the first Monday in April of the second year,
one (1) until the first Monday in April of the fourth year,
and one (1) until the first Monday in April of the sixth year,
after such appointment, whose successors shall be appointed
for a term of six (6) years. (Ord. No. 104, § 1, 8-12-21)
Sec. 2-182. Compensation.
The civil service commissioners shall serve without com-
pensation. (Ord. No. 104, § 1, 8-12-21)
*State law reference—Civil service, I.C.A. § 400.1 et seq.
78.
Chapter 17
GARBAGE, TRASH AND REFUSE*
Art. I. In General §§ 17-1-17-15
Art. II. Collection, §§ 17-16-17-53
Div. 1. Generally, §§ 17-16--17-38
Div. 2. Private Collector's License, §§ 17-39-17-53
Art. III. Disposal, §§ 17-54-17-80
Div. 1. Generally, §§ 17-54-17-62
Div. 2. Public Landfill Sites, §§ 17-63-17-74
Div. 3. Private Landfill Sites, §§ 17-75-17-80
ARTICLE I. IN GENERAL
Sec. 17-1. Burning restricted.
(a) It shall be unlawful for any person to burn or incinerate
or permit the burning or incineration of any garbage or refuse
within the city. This section shall apply to all garbage and
refuse as defined, and shall specifically include all waste paper,
boxes, market waste, garden wastes, trees, tree limbs, leaves
and any and all materials other than materials used as a fuel
in a furnace or boiler.
(b) This section shall not apply to any incinerator operated
under a license granted by the city or any incinerator oper-
ated by or for the city or any burning conducted under the
direction of the fire department of the city. (Ord. No. 4-68,
§ 10, 2-7-68)
Sec. 17-2. Sale, installation of incinerators restricted.
It shall be unlawful for any person to sell or offer for sale,
or to install or offer to install, any device intended for use as
a garbage or refuse burner or incinerator; except when the
intended user of such a device has secured a license to operate
or use such a device from the city, or when the device will be
operated by or for the city. (Ord. No. 4-68, § 9, 2-7-68)
*Cross references—Health and sanitation, Ch. 18; rubbish, storage
and garbage disposal in regards to housing, § 20-73; garbage and refuse
storage and acumulation restricted for purposes of rat control, § 24-86;
plumbing, Ch. 30; sewers and sewage disposal, Ch. 36, Art. II.
1017
§ 17-3 DUBUQUE CODE § 17-16
Secs. 17-3-17-15. Reserved.
ARTICLE II. COLLECTION
DIVISION 1. GENERALLY
Sec. 17-16. Definitions.
For the purpose of this article the following definitions
shall apply
Commercial and business premises shall mean and include:
(1) Multiple family dwellings exceeding six (6) separate
family quarters except as qualified by the definition of
"residential premises" in this section;
(2) Ordinary commercial and business places; and
(3), Schools, hospitals, colleges, churches, nursing homes
and other semi-public institutions.
Garbage shall mean any and all refuse from food incidental
to its preparation or usefor human consumption;
Owner shall mean, in addition to the record titleholder, any
person, residing in, renting, leasing, occupying, operating or
transacting business in any premises and as between such par-
ties the duties, responsibilities, liabilities and obligations here-
after imposed shall be joint and several.
Refuse shall mean all solid waste from residential or busi-
ness premises. It shall include semi-liquid or wet wastes but
must not be free flowing. It shall not include any construc-
tion materials except minor amounts incidental to other
wastes.
Residential premises shall mean and include single family
dwellings and any multiple family dwelling up to and includ-
ing six (6) separate family quarters. Garden type apartments
and row type housing units shall be considered residential
premises regardless of the total number of such apartments
or units which may be included in a given housing develop,
menta; (Ord. No. 66-70, § 1, 12-14-70)
Cross reference—Rules of construction and defintions generally, § 1-2.
1018
§ 1747 GARBAGE, TRASH AND REFUSE
§.17-21
Sec. 17-17. City manager's authority generally.
The city manager is hereby authorized and directed to
employ city owned vehicles and equipment and the necessary
operating personnel to collect garbage and refuse and to collect
fees and administer the program as provided for in this article
in the city upon the terms and conditions of this article. (Ord.
No. 66-70, § 2, 12-14-70)
Sec. 17-18. Frequency, time and areas of collection.
(a) City collections of garbage and refuse shall be made not
more than twice weekly, at such time and in such areas of
the city as shall be set out in schedules prepared by the city
manager.
(b) The city manager is hereby authorized and empowered
to change or amend collection schedules from time to time as
he, in his discretion, shall deem necessary. (Ord. No. 66-70,
§ 2, 12-14-70)
Sec. 17-19. Collection from residential premises mandatory.
City garbage and refuse collection from residential premises
shall be mandatory. (Ord. No. 66-70, § 2, 12-14-70)1
Sec. 17-20. Application for new commercial service; rates.
Commercial and .business premises not served by city gar-
bage and refuse collection services on December 14, 1970 may
apply for such collection services from the city manager. The
collection rate will be determined from the fee schedule set
forth above in section 17-22 (b) . (Ord. No. 66-70, § 2,12-14-70).
Sec. 17-21. City's right to refuse service.
The city reserves the right to refuse garbage and refuse
collection because of quantities or characteristics beyond the
capacity or capability to be handled efficiently by city per-
sonnel and equipment. (Ord. No. 66-70, § 2, 12-14-70)
1019
§ 17-22 DUBUQUE CODE § 17-22
Sec. 17-22. Charges—Amounts; exceptions.
(a) Residential premises. Except as qualified below, a fee
of one dollar and seventy-five cents ($1.75) per month shall
be charged by the city and collected from each owner of a
residential premises for such service. Said charge or fee shall
be in payment for collection and disposal of garbage and
refuse as defined. Exceptions to the collection charge for resi-
dential premises are as follows :
(1) When a residential premises has been vacant for a
period of three (3) consecutive months or longer the
owner may apply for a credit under procedures to be
established by the city manager. Such exemption shall
continue only so long as the residential premises is
vacant.
(2) A residential premises when the head of household is
sixty-five (65) years 'of age or older and with a per
family annual income of four thousand dollars ($4,000.-
00) or less may, upon application, be exempted from
one-half (1/2) the established collection charge.
In cases of extreme financial hardship the city man-
ager may, and is hereby authorized and empowered
to, make adjustments in the monthly collection charge.
In all such cases the city manager shall have the authority
to require such proof of vacancy, financial status, age or
extreme hardship as he may deem necessary.
(b) Commercial premises. The city shall collect from com-
mercial and business premises receiving such service as of
December 14, 1970. The charge for such collection service
shall be based upon the average weekly quantity of garbage
and refuse being collected as determined by the city manager.
The rate charged shall be a multiple of the rate charged
residential premises as follows:
(1) Zero (0) to one hundred twenty (120) gallons of gar,
bage and refuse per week shall be charged the resi-
dential premises rate times one (1).
1020
(3)
§ 17-22 GARBAGE, TRASH AND REFUSE § 17-23
(2) The next one hundred twenty (120) gallons per week
or fraction thereof shall be charged the residential'
premises rate times seventy-five one -hundredths (.75).
(3) All additional units of one hundred twenty (120) gal-
lons per week or fraction thereof shall be charged the
residential premises rate times five -tenths (.5).
(4) Commercial and business premises no longer wishing
to be served by city garbage and refuse collection shall
provide the city with thirty (30) days written notice
of its intent to terminate the service. Such termination
of service shall be effective with the next billing period.
(Ord. No. 66-70, § 2, 12-14-70)
Sec. 17-23. Same—Billing and collection.
(a) Initially, the city manager shall bill for garbage and
refuse collection service from a list developed from the water
department customer list. Subsequently, the city manager is
authorized to bill tenants upon the request of the property
owner according to a procedure to be established by the city
manager. The property owner in such cases shall agree to
provide data on tenants movements. In cases of no city water
or sewer service the city shall bill the owner.
(b) Residential premises accounts shall be billed bi-monthly.
Business and commercial accounts shall be billed monthly. All
collection charges are payable in advance.
(c) The collection of garbage and refuse as provided by this
article from residential premises and maintenance of the avail-
ability of such service, whether or not such service is used
regularly or not at all by the owner of such residential prem-
ises, is hereby declared a benefit to such premises at least
equal to the monthly charges specified in this article and in
case of failure to pay the monthly charge when billed, as
heretofore provided, then the monthly charge shall become a
lien against the property benefited or served and shall be
collected in the same manner as general property taxes.
(d) At least annually the city manager shall prepare a delin-
quent list of persons failing to pay the monthly charge re -
1021
§ 17-23 DUBUQUE CODE § 17-24
quired by this article listing the residential premises for
which the service was rendered and the amount due therefrom.
Resolutions shall thereupon be prepared assessing the delin-
quent charges to the properties so benefited. Such resolution,
properly passed by the city council, shall be certified by the
city clerk to the county auditor and same shall then be col-
lected with, and in the same manner, as general property
taxes. (Ord. No. 66-70, §§ 3-5, 12-14-70)
Sec. 17-24. Containers—Specifications.
(a) Refuse shall be placed in suitable containers. However,
it shall not be necessary to place books, boxes, magazines or
newspapers in containers provided they are securely tied in
bundles or completely contained in disposable boxes not larger
than twenty (20) by twenty (20) by thirty-six (36) inches.
Also, tree limbs and branches may be securely tied in bundles
not longer than forty-eight (48) inches long and eighteen
(18) inches in diameter.
(b) Refuse garbage containers shall be not more than
thirty-one (31) gallons nor less than nine (9) gallons in
capacity; except when only one container is used, in which
case this container may be less than nine (9) gallons in capac-
ity. Such containers shall be waterproof and fitted with a
tight lid. The containers shall have handles, bails or other
suitable lifting device or feature. The containers shall be of a
type originally manufactured for refuse or garbage, with
tapered sides for easy emptying. They shall be of light weight
and sturdy construction. The weight of any individual con-
tainer and contents shall not exceed seventy-five (75) pounds.
Galvanized iron and similar metal containers, rubber or fiber
glass containers, and plastic containers which do not become
brittle in cold weather, may be used. Disposable bags manu-
factured for garbage and refuse disposal shall be acceptable.
Oil or grease drums, paint cans, and similar salvaged con-
tainers shall not be acceptable.
(c) Baskets, boxes and non -complying refuse or garbage
cans or containers shall be considered disposable refuse and
shall be removed by the collection crews if they are the proper
1022
§ 17-24 GARBAGE, TRASH AND REFUSE
§ 17-28
size and otherwise acceptable for collection; or shall be left
uncollected if they are larger than the allowable size or unac-
ceptable for collection. (Ord. No. 66-70, § 6, 1244-70)
Sec. 17-25. Same—Placement.
(a) Where collections are made from alleys, garbage and
refuse containers shall be placed at the property line abutting
the alley on the days designated in such schedule.
(b) Where collections are made from the street, garbage
and refuse containers shall be placed in the street on the prop-
erty side of the curb on the days designated in the schedule
established pursuant to this article. However, such containers
shall be placed so as not to interfere with vehicular and pedes-
trian traffic and when emptied shall be promptly removed by
the occupant of the premises. (Ord. No. 66-70, § 2, 12-14-70)
Sec. 17-26. Limitation on quantity from residential premises.
The quantity of garbage and refuse to be collected by the
city shall not exceed one hundred twenty (120) gallons per
week for each single family dwelling and each separate family
quarters in each multiple family dwelling up to and including
six (6) separate family quarters. (Ord. No. 66-70, § 2, 12-14-
70)
Sec. 17-27. Wrapping requirements for certain refuse.
Within the corporate limits of the city, all garbage or refuse,
consisting of waste animal and vegetable matter, which may
attract flies, dogs or rodents, shall be drained of all excess
liquid, wrapped in paper or disposable containers, and placed
or stored, until collected, in covered suitable containers as
described in section 17-24. (Ord. No. 66-70, § 7, 12-14-70)
Sec. 17-28. Unlawful accumulations.
(a) It shall be unlawful for any person to permit to accumu-
late on any premises, improved or vacant, or on any public
place in the city, such quantities of garbage, either in con -
1023
§ 17-28
DUBUQUECODE § 17-31
tainers or not, that shall in the opinion of the health officer,
constitute a health or sanitation hazard.
(b) It shall be unlawful for any person to accumulate quan-
tities of refuse, papers, trash, ashes, or other waste materials
within or close to any building in the city, unless the same
is stored in containers in such a manner as not to create a
health or fire hazard. (Ord. No. 66-70, §§ 8, 9, 12-14-70)
Sec. 17-29. Requirements for vehicles hauling refuse.
(a) No person shall haul any garbage or refuse upon the
streets, alleys or public places of the city unless the same is
in approved containers, securely fastened to prevent-- spillage,
or in a totally enclosed watertight vehicle. If, however, the
material is dry type material it may be hauled in a totally
enclosed vehicle, or open vehicle which is covered with a suit-
able, tight -fitting canvas tarpaulin or similar cover to prevent
spillage.
(b) Licensed collectors who collect and haul garbage and/or
refuse shall haul these materials only in totally enclosed,
watertight vehicles or totally enclosed vehicles with watertight
containers. All vehicles used for the collection and removal of
garbage and refuse shall be kept in a clean, inoffensive, and
sanitary condition. All garbage and refuse shall be handled
in such a way as to prevent the scattering, spilling or leakage
of same. (Ord. No. 66-70, § 11, 12-14-70)
Sec. 17-30. City approval of dumping areas required.
No person shall haul or cause to be hauled any garbage,
refuse, or other waste material of any kind, to any dumping
place, or site or area, within the corporate limits of the city
or within any distance of the corporate limits of the city over
which the city has legal jurisdiction, unless such place, site
or area is first approved by the city council. (Ord. No. 66-70,
§ 12, 12-14-70)
Sec. 17-31. Hazardous materials.
(a) No person shall deposit in a garbage or refuse container
or otherwise offer for city collection any hazardous garbage,
refuse, or waste.
1024
§ 17-31 GARBAGE, TRASH AND REFUSE
§ 17-40
(b) Hazardous materials shall be transported by the owner,
a responsible person or his agent, to a place of safe deposit
or disposal as prescribed by the city manager or his authorized
representative.
(c) Hazardous materials shall include: explosive materials;
rags or other waste soaked in volatile and inflammable mate-
rials ; drugs ; poisons ; radioactive materials; motion picture
film and similar highly combustible materials; soiled dress-
ings, clothing, bedding and/or other wastes, contaminated by
infection or contagious disease; and other materials which
may present a special hazard to collection or disposal per-
sonnel or equipment or to the public. (Ord. No. 66-70, § 13,
12-14-70)
Sec. 17-32. Unlawful deposits on other property.
No person shall throw, rake, deposit, dump, drop or spill
litter, waste material or foreign material upon the streets,
sidewalks, rights-of-way or any public or private property
within the city. However, the city manager at his discretion
may proclaim a period when leaves may be placed in street
rights-of-way for collection. (Ord. No. 66-70, § 14, 12-14-70)
Secs. 17-33-17-38. Reserved.
DIVISION 2. PRIVATE COLLECTOR'S LICENSE*
Sec. 17-39. Required.
No person shall engage in the business of removing or haul-
ing garbage or refuse from the premises of others unless such
person shall have first applied for and received a license to
do so from the city manager. (Ord. No. 66-70, § 10, 12-14-70)
Sec. 17-40. Application; fees.
Application for the license required by this division shall
specify the equipment or vehicles to be used, the route to be
*Cross reference—Licenses and miscellaneous business regulations,
Ch. 24.
1025
§ 17-40 DUBUQUE CODE § 17-54
traveled, the places to be served and the name and residence
of the applicant, and such person shall pay an annual license
fee of twenty-five dollars ($25.00) per year for each vehicle
engaged in such business to be paid at the office of the city
treasurer. (Ord. No. 66-70, § 10, 12-14-70)
Sec. 17-41. Issuance.
The issuance of the license required by this division shall be
in the manner prescribed and subject to the term of article I
of chapter 24 of this Code. (Ord. No. 66-70, § 10, 12-14-70)
Sec. 17-42. Display of number.
All vehicles licensed under this division shall prominently
display the license number on the left and right sides of the
vehicle in letters not less than three (3) inches high. (Ord.
No. 66-70, § 10, 1244-70)
Secs. 17-43-17-53. Reserved.
ARTICLE III. DISPOSAL
DIVISION 1. GENERALLY
Sec. 17-54. Definitions.
For the purposeof this article the following definitions shall
apply:
City shall mean the city and shall include all land within
the corporate limits of the city and all land beyond the cor-
porate limits over which the city has legal jurisdiction. It shall
also mean its officers, officials, or representatives.
Health officer shall mean a representative of the board of
health of the city.
Garbage shall mean any and all refuse from food incidental
to its preparation or use for human consumption;
Refuse shall mean any and all solid waste from the com-
munity. (Ord. No. 4-68, § 1, 2-7-68)
Cross reference—Rules of construction and definitions generally, § 1-2.
1026
§ 24-11 LICENSES, BUSINESS REGULATIONS
§ 24-25
cense shall be issued after the first day of April in any year
unless and until the applicant shall pay, as a penalty in addi-
tion to the license fee, a further sum of five (5) per cent of
such annual fee for the first month of delinquency, three (3)
per cent for the second month of delinquency, two (2) per
cent for the third month of delinquency and one per cent
for each month of delinquency thereafter, such penalty shall
attach on the first day of each month following April first.
(Ord. No. 3-33, § 4, 4-10-33)'
Sec. 24-12. Exemptions.
The city council may, upon proper application and showing,
exempt any disabled veteran, or crippled, disabled or indigent
person, from all or part of the provisions of section 24-3 of
this chapter. (Ord. No. 52-55, § 5, 9-6-55)
Sec. 24-13. Effect of article.
It is not intended by this article to repeal, abrogate, annul
or in any way impair or interfere with provisions of other
laws or ordinances except as inconsistent with this article.
Where this article imposes a greater restriction upon persons,
premises or personal property than is imposed or required by
such other provisions of law, ordinances, contract or deed, the
provisions of this article shall control. (Ord. No. 52-55, § 2,
9-6-55)
Secs. 24-14-24-24. Reserved.
ARTICLE II. CENTRAh MARKET
Sec. 24-25. Area.
That part of the property of the city adjacent to the city
hall, together with such part of both sides of Iowa Street
between Twelfth Street and Thirteenth Street and both sides
of Thirteenth Street between Central Avenue and the first
alley west of Iowa Street, as may be necessary shall constitute
and be known as the Central. Market. (Ord. No. 23-52, §._ 1,
6-2-52; .Ord. No. 13-56, § 1, 4-16-56)
1463
§ 24-26 DUBUQUE CODE § 24-32
Sec. 24-26. Establishment of stalls authorized.
The city manager is hereby authorized and directed to
establish spaces for stalls in the Central Market. (Ord. No.
23-52, § 2, 6-2-52)'
Sec. 24-27. Stall use permit—Required.
No person shall use a stall in the Central Market without
first obtaining a permit therefor from the city manager.
Sec. 24-28. Same—Issuance.
The city manager is hereby authorized and directed to issue
permits for use of the stalls in the Central Market. (Ord.
No. 23-52, § 2, 6-2-52)
Sec. 24-29. Same—Fee.
The annual fee for permits for use of the Central Market
stalls shall be fifteen dollars ($15.00) per space, which fee
shall be charged and collected at the time of issuance of the
permit and paid over to the city treasurer. (Ord. No. 23-52,
§ 2, 6-2-52)
Sec. 24-30. Same—Revocation.
If any person holding a permit for a stall in the Central
Market shall operate the stall in a manner contrary to law
or display his wares in an unsanitary manner, his permit shall
be revoked. (Ord. No. 23-52, § 6, 6-2-52)
Sec.. 24-31. Manager to keep streets and sidewalks open and
free for travel.
It shall be the duty of the city manager to keep the streets
and sidewalks in the Central Market open and free for travel.
(Ord. No. 23-52, § 3, 6-2-52)
See. 24-32. Sale of merchandise restricted.
No person shall display, offer for sale, or sellany merchan-
dise on the streets and sidewalks of the Central Market except
1464
§ 24-32 LIC'ENS'ES, BUSINESS REGULATIONS
§ 24-47
poultry, vegetables, flowers, eggs, butter and fruits, raised or
produced by the vendor and displayed at a stall for which a
permit has been issued under the provisions of sections 24-27
through 24-30. (Ord. No. 23-52, § 4, 6-2-52)
Sec. 24-33. Sidewalk or street sales of food restricted to mar-
ket stalls.
No person shall make any sidewalk or street display of food
upon any of the streets or sidewalks of the city except in the
Central Market at stalls established by the city manager under
the provisions of section 24-26. (Ord. No. 23-52, § 5, 6-2-52)
Sec. 24-34. Inspection of food; confiscation of food unfit for
human consumption.
All food or food products offered for sale on the Central
Market shall be subject to inspection by the health officer or
his deputy. If any such food is found to be unfit for human
consumption, such officer shall confiscate and destroy the
same and the person offering for sale or selling such food
shall be guilty of a misdemeanor. (Ord. No. 23-52, § 6, 6-2-52)
Secs. 24-35-24-45. Reserved.
ARTICLE III. FORTUNETELLERS, ETC.
Sec. 24-46. License required.
It shall be unlawful for any person to engage in the practice
of telling fortunes, palmistry, clairvoyance, phrenology or sim-
ilar art, without first obtaining a license therefor and paying
the license fee hereinafter prescribed. (Ord. No. 57-55, § 1,
9-6-55)
Sec. 24-47. License application.
Applications for licenses under this article shall be filed in
duplicate with the city manager, on a form to be furnished by
him, which shall be signed by the applicant and give the
following information:
1465
§ 24-47 DUBUQUE CODE § 24-61
(1) Type of license applied for.
(2) Name of applicant.
(3) Address, both legal and local.
(4) The length of time the right to do business is desired.
(5) The applicant's fingerprints and a physician's certifi-
cate that the applicant is free from communicable
diseases.
(6) A statement of good moral character signed by the
chief of police of each place the applicant practiced
previously. (Ord. No. 57-55, § 2, 9-6-55)'
Sec. 24-48. License fees.
The license fee for the practice of fortune telling, palm-
istry, phrenology, clairvoyance, or similar profession or art
is hereby fixed at five dollars ($5.00) per day, twenty-five
dollars ($25.00) per week or fifty dollars ($50.00) per month.
(Ord. No. 57-55, § 3, 9-6-55)
Secs. 24-49-24-59. Reserved.
ARTICLE IV. GOING -OUT -OF -BUSINESS SALES
Sec. 24-60. Definition.
As used in this article, "going -out -of -business sale," shall
mean and include any sale held out in such a manner as to
cause the public reasonably to believe that upon the disposal
of the stock of goods on hand the business will cease and be
discontinued. (Ord. No. 13-58, § 1, 11-3-58)
Cross reference—Rules of construction and definitions generally, § 1-2.
Sec. 24-61. Permit—Required.
It shall be unlawful for any person to conduct a going -out -
of -business sale without first procuring a permit therefor
and paying the fees as hereinafter prescribed. (Ord. No. 13-
58, § 2, 11-3-58)
1466
25-3d MOTOR v;El3ICLE�IS AND''TRAFFIC
§ 25-31
Sec. 25-30. Unauthorized signs, signals or markings.
(a) No person shall place, maintain, or display upon or in
view of any street or highway any sign, signal, marking, or
device which purports to be or is an imitation of or resembles
an official parking sign, curb or other marking, traffic -control
device or railroad sign or signal, or which attempts to direct
the movement of traffic, or which hides from view or inter-
feres with the effectiveness of any official traffic -control
device or any railroad sign or signal, if such sign, signal,
marking, or device has not been authorized by the department
and city with reference to streets and highways under their
jurisdiction and no person shall place or maintain nor shall
any public authority permit upon any street or highway any
traffic sign or signal bearing thereon any commercial adver-
tising. This shall not be deemed to prohibit the erection upon
private property adjacent to highways of signs giving useful
directional information of a type that cannot be mistaken for
official signs.
(b) Every such prohibited sign, signal, or marking is hereby
declared to be a public nuisance and the authority having
jurisdiction over the street or highway is hereby empowered
to remove the same or cause it to be removed without notice.
(Ord. No. 33-49, § 6.1, 9-6-49)
State law reference—Similar provisions, I.C.A. § 321.259.
Sec. 25-31. Interference with signs, signals or devices; unlaw-
ful possession.
(a) It shall be unlawful for any person to willfully and
intentionally, without lawful authority, attempt to or in fact,
alter, deface, injure, knockdown, or remove any official traf-
fic -control device, any authorized warning sign or signal or
barricade, whether temporary, or permanent, any railroad sign
or signal, any inscription, shield or insignia on any of such
devices, signs, signals, or barricades, or any other part thereof,
(b) It shall be unlawful for any person to have in his pos-
session any official traffic -control device except by reason of
his employment. (Ord. No. 33-49, § 6.2, 9-6-49; Ord. No. 26-73,
§ 1, 5-29-73)
State law reference -Similar provisions, I.C.A. § 321.260.
1539
§ 25-32 DUBUQUE CODE; § 25-44
Secs. 25-32-25-42. Reserved.
ARTICLE III. ACCIDENTS
Sec. 25-43. Written reports.
(a) The driver of a vehicle involved in an accident resulting
in injury to or death of any person or total property damage
to an apparent extent of one hundred dollars ($100.00) or
more, shall immediately, by the quickest means of communi-
cation give notice of such accident to the office of the chief
of police.
(b) The driver of a vehicle involved in an accident resulting
in injury to or death of any person, or total property damage
to an apparent extent of one hundred dollars ($100.00) or
more shall, within twenty-four (24) hours after such accident,
forward a written report of such accident to the department
of public safety.
(c) Every peace officer, who, in the regular course of duty,
investigates a motor vehicle accident of which report must be
made as required in this section, either at the time of and at
the scene of the accident or thereafter by interviewing wit-
nesses shall, within twenty-four (24) hours after completing
such investigation, file a written report of such accident. (Ord.
No. 33-49, § 7.5, 9-6-49; Ord. No. 49-71, § 1, 9-27-71)
State law reference—Similar provisions, I.G.A. § 321.266.
Sec. 25-44. Duty of driver when damage is, to vehicle only.
The driver of any vehicle involved in an accident resulting
only in damage to a vehicle which is driven or attended by
any person shall immediately stop such vehicle at the scene
of such accident or as close thereto as possible but shall forth-
with return to and in every event shall remain at the scene
of ;such accident until he has fulfilled the requirements of
section 25-45. Every such stop shall be made without obstruct-
ing traffic more than is necessary. (Ord. No. 33-49, § 7.1,
9-6-49)
State law reference -Similar provisions, I.C.A. § 321.262.
1540
§ 25-45 MOTOR VEHICLES AND T'RAFF'IC
§ 25-46
Sec. 25-45. Duty of driver to give information, aid.
(a) The driver of any vehicle involved in an accident result-
ing in injury to or death of any person or damage to any
vehicle which is driven or attended by any person shall give
his name, address, and the registration number of the vehicle
he is driving and shall, upon request, and if available, exhibit
his operator's or chauffeur's license to the person struck or
the driver or occupant of or person attending any vehicle
collided with and shall render to any person injured in such
accident reasonable assistance, including the carrying, or the
making of arrangements for the carrying, of such person to a
physician, surgeon, or hospital for medical or surgical treat-
ment if it is apparent that such treatment is necessary or if
such carrying is requested by the injured person.
(b) If the accident causes the death of any person, the
surviving driver shall not leave the scene of the accident
except to seek necessary aid for himself or to report the acci-
dent to law enforcement authorities. Before leaving the scene
of the accident, the surviving driver shall leave his automobile
registration receipt or other identification data at the scene of
the accident. After leaving the scene of the accident, the sur-
viving driver shall promptly report the accident by telephone
to law enforcement authorities, and shall immediately return
to the scene of the accident, or shall inform the authorities
where he can be located. (Ord. No. 33-49, § 7.2, 9-6-49; Ord.
No. 58-71, § 1, 10-20-71)
State law reference—Similar provisions, I.C.A. § 321.263.
Sec. 25-46. Duty of driver upon striking unattended vehicle.
The driver of any vehicle which collides with any vehicle
which is unattended shall immediately stop and shall then
and there either locate and notify the operator or owner of
such vehicle of the name and address of the driver and of the
owner of the vehicle striking the unattended vehicle or shall
leave in a conspicuous place in the vehicle struck a written
notice giving the name and address of the driver and of the
owner of the vehicle doing the striking and a statement of
the circumstances thereof. (Ord. No. 33-49, § 7.3, 9-6-49)
State law reference—Similar provisions, I.C.A. § 321.264.
1541
§ 25-47 T DUBUQUE CODE, 2 § 25-59
Sec. 25-47. Duty of driver upon striking fixtures upon the
highway.
The driver of any vehicle involved in an accident resulting
only in damage to property legally upon or adjacent to a
highway shall take reasonable steps to locate and notify the
owner or person in charge of such property of such fact and
of his name and address and of the registration number of
the vehicle he is driving and shall upon request and if avail-
able, exhibit his operator's or chauffeur's license and shall
make report of such accident when and as required by section
25-43. (Ord. No. 33-49, § 7.4, 9-6-49)
State law reference—Similar provisions, I.C.A. § 321.265.
Secs. 25-48-25-58. Reserved.
ARTICLE IV. NOISE CONTROL*
See. 25-59. Definitions.
For purposes of this article, the following definitions shall
apply.
"A" sound level is the total sound level of all noise as meas-
ured with a sound level meter using the "A" weighing net-
work. The unit of measurement is the dB (A).
Ambient noise shall mean the all encompassing noise assa-
ciated with a given environment, being usually a composite
of sounds from many sources near and far.
Displacement shall mean a simple harmonic motion in any
plane.
Impulsive noise shall mean a noise of short duration.
Noise shall mean unwanted or annoying sound.
Noise rating number shall mean the dB (A) scale reading
as applicable to specific sound sources.
Pure tone shall mean a sound having a single pitch.
*Cross reference—Noises generally, Ch. 26, Art. VII.
1542
§ 25-59 MOTOR VE(IIICLES AND TRAFFIC
§ 25-f0
Vehicle shall mean any passenger vehicle, truck, truck
trailer, trailer, semitrailer or similar device intended to con-
vey people and/or commodities which is propelled or drawn
by mechanical power, but shall not include airplanes and toys.
(Ord. No. 33-49, § 30.1, 9-6-49; Ord. No. 22-74, § 1, 4-8-74;
Ord. No. 63-74, § 1, 10-28-74)
Cross reference—Rules of construction and definitions generally, § 1-2.
Sec. 25-60. Limits—Established.
(a) No person shall operate either a motor vehicle or com-
bination of vehicles at any time or under any condition of
grade, load, acceleration or deceleration in such a manner as
to exceed the following noise limits for the category of motor
vehicle, based on a distance of not less than twenty-five (25)
feet from the center line of travel or stationary location under
test procedures established by this article.
(1) Any motor vehicle with a manufacturer's GVW rating
of six thousand (6,000) pounds or more, and any com-
bination of vehicle towed by such vehicles: thirty-five
(35) miles per hour or less, 86 dB (A) ; over thirty-five
(35) miles per hour, 90 dB (A) .
(2) Any motorcycle: thirty-five (35) miles per hour or less,
86 dB (A) ; over thirty-five (35) miles per hour, ninety
(90) dB(A).
(3) Any other motor vehicle including passenger cars, and
any combination of motor vehicles towed by such motor
vehicles : thirty-five (35) miles per hour or less, 78
dB (A) ; over thirty-five (35) miles per hour, 84 dB (A)
(b) This section applies to the total noise from a vehicle or
combination of vehicles and shall not be construed as limiting
or precluding the enforcement of any other ordinance relating
to motor vehicle mufflers for noise control.
(c) For the purpose of this section, a motor truck, truck
tractor, or bus that is not equipped with an identification
plate or marking bearing the manufacturer's name and manu-
facturer's gross vehicle weight rating shall be considered as
having . a manufacturer's gross vehicle weight rating of six
1543
§ 2i5-60 DUBUQUE CODE § 25-63
thousand (6,000) pounds or more if the unladen weight is
more than five thousand (5,000) pounds. (Ord. No. 33-49,
§ 30.2, 9-6-49; Ord. No. 22-74, § 1, 4-8-74; Ord. No. 63-74,
§ 1, 10-28-74)
Sec. 25-61. Same—Sale or lease of vehicles exceeding prohib-
ited.
No person shall sell or lease, or offer for sale or lease any
motor vehicle of a type described in section 25-60 which ex-
ceeds the maximum decibel levels set forth in such section.
(Ord. No. 22-74, § 1, 4-8-74)
Sec. 25-62. Same—Exemption of certain vehicles.
Any vehicle which is found not to be in conformity with
this article and which was manufactured prior to January 1,
1975, may be exempted from the noise levels specified in this
article provided a good and sufficient showing can be made:
(1) That it is mechanically impossible without major con-
struction to modify such equipment so as to be in com-
pliance; or,
(2) That to comply would cause irreparable harm or injury
to the engine of such vehicle. (Ord. No. 33-49, § 30.2,
9-6-49; Ord. No. 22-74, § 1, 4-8-74)
Sec. 25-63. Sound level measurement.
Sound level measurements shall be made in accordance with
the following procedures:
(1) All measurements shall be made with a sound level
meter using the "A" weighted scale in accordance with
the standards promulgated by the Society of Automo-
tive Engineers and American National Standards Insti-
tute.
(2) The ambient noise level for each enforcement location
shall be established by obtaining the noise level reading
for a period of five (5) minutes before enforcement
and a five (5) minute period immediately following
1544
§ 25-63 MOTOR VEHICLE'S AND TRAFFIC
§ 25-77
enforcement with a reading to be taken every thirty
(30) seconds during the five (5) minute period of time.
The average of these readings will constitute the ambi-
ent noise level at that location during the enforcement
period. The microphone shall be placed no nearer than
three (3) feet from any reflective surface and must be
located a minimum of four (4) feet above ground level.
(Ord. No. 33-49, § 30.3, 9-6-49; Ord. No. 22-74, § 1,
4-8-74; Ord. No. 63-74, § 1, 10-28-74)
Sec. 25-64. Enforcement of article.
The city police department shall enforce the provisions of
this article. Such department shall be equipped with the appro-
priate equipment for measuring sound levels as provided in
section 25-63 for purposes of enforcing this article. (Ord. No.
33-49, § 30.4, 9-6-49; Ord. No. 22-74, § 1, 4-8-74; Ord. No.
63-74, § 1, 10-28-74)
Sec. 25-65. Testing of vehicles.
Where a motor vehicle is deemed to be in violation of this
article, the owner may transport it to a location to be deter-
mined by the chief of police, for further evaluation under
normal operating condition. If such vehicle is reevaluated and
found not to be in violation of the decibel standards outlined
in section 25-60, no further proceedings shall be instituted
and any citation which has been issued shall be dismissed.
(Ord. No. 33-49, § 30.5, 9-6-49; Ord. No. 22-74, § 1, 4-8-74;
Ord. No. 63-74, § 1, 10-28-74)
Secs. 25-66-25-76. Reserved.
ARTICLE V. MOTOR VEHICLES
DIVISION 1. GENERALLY
Sec. 25-77. Registration required.
(a) It is a misdemeanor for any person to drive or move
or for an owner knowingly to permit to be driven or .moved
1545
§ 25-77 DUBUQUE CODE • § 25-79
upon any street or highway any vehicle of a type required
to be registered under the laws of the state, which is not
registered according to such laws.
(b) No person shall operate, nor shall an owner knowingly
permit to be operated upon any highway any vehicle required
to be registered according to the laws of the state unless there
shall be attached thereto and displayed thereon when and as
required, a valid registration card and registration plate or
plates issued therefor for the current registration year. (Ord.
No. 33-49, §§ 2.1, 2.5, 9-6-49)i
State law reference—Similar provisions, Y.C.A. §§ 321.17, 321.98.
Sec. 25-78. Registration card to be signed, carried and exhib-
ited.
Every owner upon receipt of a registration card shall
write his signature thereon with pen and ink in the space
provided. Every such registration card shall at all times be
carried in the vehicle to which it refers and shall be shown
to any peace officer upon his request. (Ord. No. 33-49, § 2.2,
9-6-49; Ord. No. 55-71, § 1, 10-11-71)
State law reference—Similar provisions, I.C.A. § 321.32.
Sec. 25-79. Display of plates.
(a) Registration plates issued for a motor vehicle other
than a motorcycle or truck tractor shall be attached thereto,
one in the front and the other in the rear. The registration
plate issued for a motorcycle or other vehicle required to be
registered hereunder shall be attached to the rear thereof.
The registration plate issued for a truck tractor shall be
attached to the front thereof.
(b) The registration plate issued for an auxiliary axle shall
be attached to the rear thereof when directly visible from
the rear, and in all other cases, shall be attached to the right
frame of such axle so as to be visible from the right side of
the vehicle utilizing such axle. (Ord. No. 33-49, § 2.3, 9-6-49)
State law reference—Similar provisions, I.C.A. § 321.37.
1546
§ 25-119 MOTOR VEHICLES AND TRAFFIC § 25-122
the driver as an ordinary warning signal. Any authorized
emergency vehicle may be equipped with a siren, whistle, or
bell, capable of emitting sound audible under normal conditions
from a distance of not less than five hundred (500) feet and
of a type approved by the department, but such siren shall
not be used except when such vehicle is operated in response
to an emergency call or in the immediate pursuit of an actual
or suspected violator of the law, in which said latter events
the driver of such vehicle shall sound such siren when neces-
sary to warn pedestrians and other drivers of the approach
thereof. (Ord. No. 33-49, § 19.2, 9-6-49)
State law reference—Similar provisions, I.C.A. § 321.433.
Sec. 25-120. Loud signaling at night.
Loud signaling devices shall not be used during the period
of from one hour after sunset to one hour before sunrise,
unless absolutely necessary to avoid accidents. (Ord. No. 33-49,
§ 19.3, 9-6-49)
State law reference—Similar provisions, I.C.A. § 321.435.
Sec. 25-121. Mufflers, prevention of noise.
Every motor vehicle shall at all times be equipped with a
muffler in good working order and in constant operation to
prevent excessive noise or annoying smoke. The sound emitted
therefrom shall not cause such vehicle to exceed the sound
levels set forth in article IV of this chapter. Notwithstanding
the foregoing, no person shall use a muffler cutout, by-pass
or similar device upon a motor vehicle upon a street. (Ord.
No. 33-49, § 19.4, 9-6-49; Ord. No. 21-74, § 1, 4-8-74)
State law reference—Similar provisions, I.C.A. § 321.436.
Sec. 25-122. Mirrors.
Every motor vehicle shall be equipped with a mirror so
located as to reflect to the driver a view of the street for a
distance of at least two hundred (200) feet to the rear of
such vehicle. Any motor vehicle so loaded, or towing another
vehicle in such manner, as to obstruct the view in a rear
view mirror located in the driver's compartment shall be
1563
§ 25-122 DUBUQUE CODE. § 25-125
equipped with a side mirror so located that the view to the
rear will not be obstructed. (Ord. No. 33-49, § 19.5, 9-6-49)
State law reference—Similar provisions I.C.A. § 321.438
Sec. 25-123. Windshields and windows.
No person shall drive any motor vehicle equipped with a
windshield, sidewings, or side or rear windows of a material
which does not permit clear vision. (Ord. No. 33-49, § 19.6,
9-6-49)
State law reference—Similar provisions, I.C.A. § 32.1.438.
Sec. 25-124. Windshield wipers.
The windshield of every motor vehicle shall be equipped
with a device for cleaning rain, snow, or other moisture from
the windshield, which device shall be constructed as to be
controlled or operated by the driver of the vehicle. (Ord. No.
33-49, § 19.7, 9-6-49)
State law reference—Similar provisions, I.C.A. § 321.439.
Sec. 25-125. Restrictions as to tire equipment.
(a) Every solid rubber tire on a vehicle shall have rubber
on its entire traction surface at least one inch thick above
the edge of the flange of the entire periphery. Any pneumatic
tire on a vehicle shall be considered unsafe if it has:
(1) Any part of the ply or cord exposed;
(2) Any bump, bulge or separation;
(3) A tread design depth of less than one -sixteenth (1/16)
of an inch measured in any two (2) or more adjacent
tread grooves, exclusive of tie bars or, for those tires
with tread wear indicators, worn to the level of the
tread wear indicators in any two (2) tread grooves;
(4) A marking "not for highway use," "for racing purposes
only," "unsafe for highway use;"
Tread or sidewall cracks, cuts or snags deep enough to
expose the body cord;
(5)
1564
§ 25.271 MOTOR VE'HICLEIS AND TRAFFIC § . 25-274
from time to time when parking or stopping is prohibited. All
vehicles stopped or parked in any of said alleys for the pur-
pose of taking on or discharging persons, goods, or merchan-
dise shall have a qualified operator in attendance at all times
being subject to movement upon request of a police or fire
officer. The provisions of this section shall not apply to ve-
hicles standing or parked in compliance with the directions
of a police officer or a traffic -control device. (Ord. No. 33-49,
§ 16.30, 9-6-49; Ord. No. 65-59, § 1, 11-23-59; Ord. No. 60-72,
§ 1, 11-20-72)
Sec. 25-272. Driving on private property without consent of
owner prohibited.
No person shall drive, stop, stand or park a vehicle onto or
upon privately owned property, or an area developed as a pri-
vate off-street parking facility, without the consent of the
owner, lessee or person in charge of such privately owned prop-
erty or facility. (Ord. No. 33-49, § 16.33, 9-6-49 ; Ord. No. 61
55, § 1, 11-7-55)
Sec. 25-273. Parking on private property without consent of
owner.
No person shall drive, stop, stand or park a vehicle onto or
upon privately owned property, or an area developed as a pri-
vate off-street parking facility, without the consent of the
owner, lessee or person in charge of such privately owned
property or facility. (Ord. No. 33-49, § 16.33, 9-6-49 ; Ord. No.
61-55, § 1, 11-7.55)
Sec. 25-274. Parking violations Fines.
The owner or operator of any vehicle who shall receive no-
tice, either personally or by the attaching of such notice to
such vehicle, that such vehicle is parked in such manner, in
such a place or for such a time as to violate the provisions of
this chapter relating to the parking of vehicles may, within
seventy-two (72) hours from, the time when such notice is
served upon him or attached to such vehicle, pay to the city
treasurer as a penalty for such violation the following sum :
4599
§ 25-274 DUBUQUE CODE § 25-276
(1) Overtime parking, double parking, illegal alley parking
and any other standing or parking violation. If paid
within seventy-two (72) hours from the time of viola-
tion as indicated on the .notice, such fine shall be the
sum of one dollar ($1.00) ; if not paid within seventy-
two (72) hours such fine shall be the sum of two dol-
lars and fifty cents ($2.50).
(2) Street storage. If paid within seventy-two (72) hours
from time of violation as indicated on the notice such
fine shall be the sum of two dollars ($2.00) ; if not paid
within seventy-two (72) hours such fine shall be the
sum of three dollars and fifty cents ($3.50).
Parking in private lots. If paid within seventy-two (72)
hours from time of violation as indicated on the notice
such fine shall be the sum of five dollars ($5.00).
(4) Parking in interference with snow or ice removal. If
paid within seventy-two (72) hours from the time of
violation as indicated in the notice such fine will be in
the sum of two dollars and fifty cents ($2.50) ; if not
paid within seventy-two (72) hours, then such fine
shall be in the sum of five dollars ($5.00).
(b) Payment of the above penalty, or fine, upon being
mailed to the city treasurer shall be deemed paid as of the
time of postmark on the envelope thereof. (Ord. No. 35-73, §
1, 6-29-73)
(3)
Cross reference—General penalty for code violations, § 1-8.
Sec. 25-275. Same --Posting bond.
Any person receiving a notice of a parking violation and
deeming himself not guilty of such offense, or desiring to ap-
pear and defend against the same, shall within a twenty-four
(24) hour period appear at the police department and promise
to appear in the District Court of Dubuque County, Iowa for
trial. (Ord. No. 35-73, § 2, 6-29-73)
Sec. 25-276. Same --Effect of sections 25-274 and 25-275.
The provisions of sections 25-274 and 25-275 shall not in any
manner affect the penalty provisions of any other ordinance,
1600
§ 25-276 MOTOR VEHICLESAND TRAFFIC § 2,5-285
or part of ordinance, relating to the parking of vehicles upon
the streets, avenues, alleys or public places within the city,
but shall be cumulative of all other ordinances on the subject
and for the purpose of providing a more convenient and eco-
nomical method of handling such violations. (Ord. No. 35-73, §
3, 6-29-73)
Sec. 25-277. Same—Inter-office procedures.
The offices of the police department, data processing, traffic
engineer, and city treasurer are hereby directed to formulate
the necessary office and inter -office procedures to carry into
effect the provisions of sections 25-274 and 25-275. (Ord. No.
35-73, § 4, 6-29-73)
Sec. 25-278. Same -Removal of certain vehicles authorized;
prerequisites to release.
(a) Whenever a vehicle is found stopped or parked in viola-
tion of any state law or city ordinance, or in such manner as
to cause a dangerous condition to exist or whenever the owner
or operator of a vehicle has failed to report or heed a notice to
appear before the proper magistrate, any police officer may
remove such vehicle from a street or alley to a place of safe
keeping.
(b) If such vehicle must be serviced or towed, the fee to-
gether with any other necessary expense incurred in such re-
moval shall be assessed against the vehicle and shall be paid
before it is released. (Ord. No. 33-49, § 16.24, 9-6-49)
Sec. 25-279. Same—Evidentiary effect of registration plates.
In any proceedings for violation of the parking provisions
of this chapter, the registration plates displayed on such motor
vehicle involved in such violation shall constitute prima facie
evidence that the owner of such motor vehicle was the person
who parked or placed such motor vehicle at the point where
such violation occurred. (Ord. No. 33-49, § 16.25, 9-6-49)
Secs. 25-280-25-285. Reserved.
1601
§ 25-286 DUBUQUE CODE' ; .:. §, 25-289
DIVISION 2. MUNICIPAL PARKING GARAGES
Sec. 25-286. Fee collection and traffic regulation devices.
The city manager shall cause to be installed in the municipal
parking garages appropriate devices to provide for the collec-
tion of fees and the regulation, control and inspection of motor
vehicles parked therein. (Ord. No. 89-64, § 1, 12-28-64; Ord.
No. 49-69, § 1, 11-17-69)
Sec. 25-287. Manner of parking in spaces.
Each motor vehicle parked in the municipal parking garages
shall be parked within such parking spaces as are established
and designated by appropriate markings and each motor ve-
hicle operated or moved therein and therefrom shall be op-
erated or moved within the traffic lanes established and desig-
nated by appropriate markings. It shall be prohibited for any
person to cause, allow, permit or suffer any motor vehicle
registered in the name of such person to be parked in the
municipal parking garages in a position not entirely within
such marked parking spaces or in such a manner as will ob-
struct free movement of motor vehicles in such marked traffic
lanes. (Ord. No. 39-64, § 2, 12-2.8-64 ; Ord. No. 49-69, § 2,
11-17-69)
Sec. 25-288. Backing into spades
No motor vehicle shall be backed into a parking space in a
municipal parking garage except in those spaces which are
laid off at right angles to the designated traffic lanes. (Ord.
No. 39-64, § 3, 12-28-64 ; Ord. No. 49-69, § 3, 11-17-69)
See, 25-289. Trucks restricted.
No operator of a truck vehicle, other than a pickup truck,
shall operate or drive such truck vehicle into or in a municipal
parking garage. (Ord. No. 39-64, § 4,12-28-64;Ord. No. 49-69,
§ 4, 11-17-69)
1602
§ 25-297
MOTOR VEiHICLLE,S AND TRAFFIC § 25-305
Secs. 25-297-25-303. Reserved.
DIVISION 3. MUNICIPAL PARKING LOTS
Sec. 25-304. Designated.
The various municipally owned parking lots in the city
shall be designated numerically as follows :
(1) Lot No. 1: The lot situated between Ninth and Tenth
Streets and Iowa Streets and Central Avenue.
(2) Lot No. 2: The lot situated at the northwest corner of
Ninth and Bluff Streets and running parallel to Ninth
Street.
(3) Lot No. 3: The lot situated at the northwest corner of
Fifth and Bluff Streets.
(4) Lot No. 4: The lot situated at the southwest corner of
Fourth and Iowa Streets.
(5) Lot No. 5: The lot situated on the middle one-fifth (1/5)
of Out Lot 448 in the city.
(6) Lot No. 6: The lot situated on the southwest corner of
Eleventh and Bluff Streets.
(7) Lot No, 7: The lot situated on the northwest corner of
Fourth and White Streets.
(8) Lot No. 8: The lot situated on the southeast corner of
Tenth and Bluff Streets. (Ord. No. 39-65, § 5, 10-11-
65; Ord. No. 73-74, § 1, 12-16-74)
Sec. 25-305. Meters—Installation authorized and directed.
The city manager is hereby authorized and directed to in-
stall parking meters in all municipally owned parking lots for
the purpose of, and in such numbers, and at such places as
may be necessary to the regulation, control and inspection of
the parking of motor vehicles therein. (Ord. No. 39-65; § 1,
10-11-65)
1605
§ 25-306
DUBUQUE _CODS § 215-.308
Sec. 25-306. Same—Manner of construction, installation and
marking.
Parking meters installed in municipally owned parking lots
shall be installed immediately adjacent to the individual park-
ing spaces described in section 25-308, and each parking meter
shall be so constructed and adjusted as to show whenproperly
operated, a signal that the space adjacent to which it is in-
stalled is or is not legally in use. Each parking meter installed
shall indicate on and by its dial the duration of the period of
]regal parking and on the expiration of such period shall indicate
illegal or overparking. (Or'd. No. 39-65, § 2, 10-11-65)
Sec. 25-307. Same—Time and fee schedule for specific lots.
Parking meters on municipally owned parking lots, when
installed and properly operated shall show legal parking upon
and after the deposit of the United States coin, in accordance
with the following schedule:
(1) On Parking Lots Nos. 1, 2, 3, 4, 5, 6, and 7, such meters
shall show legal parking for one hour upon the deposit
of each five cent ($0.05) coin, two (2) hours upon the
deposit of each ten cent ($0.10) coin, and five (5) hours
upon the deposit of each twenty-five cent ($0.25) coin,
but not more than a total of ten (10) hours at any one
time. The maximum legal parking time limit for any one
vehicle at any one time shall be ten (10) hours.
(2) On Parking Lot No. 8 such meter shall show legal park-
ing for thirty (30) minutes upon the deposit of each
five cent ($0.05) coin, one hour upon the deposit of
each ten cent ($0.10) coin, and two (2:) hours and
thirty (30) minutes upon the deposit of one twenty-
five cent ($0.25) coin, but not more than a total of ten
(10) hours at any one time. The maximum legal park-
ing time limit for any one vehicle at any one time shall
be ten -(10) hours. (Ord. No. 39-65, § 5A, 10=11-65; Ord.
No. 73-74, § 1, 12-16-74)
Sec. 25-308. Same—Deposit of coins required at certain times.
When parking spaces are established andmarked and park-
ing meters installed adjacent thereto in municipally: owned
1606
§ 26-132 OFFENSES, MISCELLANEOUS PROVISIONIS § 26432
c
constituting such board shall be that they have been residents
of the city for a period of not less than five (5) years and
shall not at the time of their appointment or during their term
of office be interested in or be employed by any common car-
rier. Such board shall act without compensation.
(c) Terms. One commissioner shall be appointed annually
by the mayor and the term of office of such commissioner
shall be three (3) years.
(d) Oath of office. The members of the board shall qualify
by taking an oath for the faithful performance of their du-
ties.
(e) Rules. The commissioners shall, from time to time,
adopt rules and regulations for the government of their de-
partment and to govern their proceedings, which shall be
adopted by resolution, recorded in a book kept by the board
and known as the book of rules and regulations, and such
rules and regulations shall be in force and effect after publi-
cation in some newspaper published and circulated in the city.
(f) Office; records. The board shall maintain an office in
the city hall and keep a record of all its proceedings and acts
and books of account showing all of its financial transactions,
which records and books of accounts shall at all times be open
to public inspection.
(g) Removal of members; filling of vacancies. If anyy com-
missioner shall, at any time during his incumbency, cease to
have the qualifications required by this section for his ap-
pointment, or shall wilfully violate any of his duties under.
the law, such commissioner shall be removed by the mayor
after written charges have been preferred against him and a
due hearing of such charges have been had by the mayor upon
reasonable notice to such commissioner. Vacancies occurring
in the board through resignation or otherwise shall be filled
by the mayor for the unexpired term.
(h) Powers, duties. The powers and duties of the dock
board shall be such as are prescribed by the Code of Iowa.
(Ord. No. 181, §§ 2---9, 11-15-26)
1685
§ 26-133 DUBUQUECODE § 26-139
Secs. 26-133-26-138. Reserved.
ARTICLE VII. NOISES*
DIVISION 1. GENERALLY
Sec. 26-139. Definitions.
The following definitions shall apply in the interpretation
and enforcement of this article:
"A" sound level is the total sound level of all noise as meas-
ured with a sound level meter using the "A" weighing net-
work. The unit of measurement is the dB (A).
Ambient noise shall mean the all-encompassing noise asso-
ciated with a given environment, being usually a composite of
sounds from many sources near and far.
Day shall mean the hours between 7:00 a.m. and 8:00 p.m.
Director of health shall mean the legally designated health
authority of the city or his authorized representative.
Displacement shall mean a simple harmonic motion in any
plane.
Impulsive noise shall mean a noise of short duration.
Night shall mean the hours between 8:00 p.m. and 7:00 a.m.
Noise shall mean unwanted or annoying sound.
Noise rating number shall mean the dB (A) scale reading as
applicable to specific sound source.
Person shall mean any individual, firm or corporation.
Pure tone shall mean a sound having a single pitch.
Use district shall mean districts established in accordance
with the zoning ordinance of the city, regulating and restrict-
ing the location of trades and industries and the location of
buildings in the city.
*Cross reference—Noise control in regard to traffic and motor ve-
hicles, Ch. 25, Art. IV.
1686
§ 27-19 PARKS AND RECREATION § 27-33
jurisdiction and control over such recreational equipment and
buildings, including the supervision, maintenance and repair
thereof and the supervision of the recreational activities em-
ploying such equipment or buildings. (Ord. No. 26-49, § 3,
6-30-49 ; Ord. No. 41-54, § 2, 6-7-54)
Sec. 27-20. Certification of needs; tax levy restricted.
On or before the fifteenth day of July in each year, the
commission created by this article shall certify to the city
council the amount of money it will need for all purposes for
the ensuing fiscal year, which statement shall be used to de-
termine the tax levy for recreational activities and as a basis
for making an appropriation. If a tax is levied, the same shall
not exceed that permitted by law. (Ord. No. 26-49, § 5, 6-30-
49)
Sec. 27-21. Annual report.
On or before the tenth day of April in each year the com-
mission created by this article shall make a complete detailed.
report to the city council showing receipts and disbursements
for the year then ended, which report shall be kept as a part
of the permanent records of the city. (Ord. No. 26=49, § 6,
6-30-49)
Secs. 27-22-27-32. Reserved.
ARTICLE III. PUBLIC PARKS
DIVISION 1. GENERALLY
Sec. 27-33. Definitions.
As used in this article, the following terms shall have the
meanings indicated:
Board, the board shall mean the board of park commission-
ers of the city.
Parks, parkways shall mean parks, parkways, buildings,
park roads or driveways, and all public service facilities or
1747
§. 2743 DUBUQUE CODE § 27-38
grounds, buildings and structures in and adjacent to the city,
which are under control of the board. (Ord. No. 24-69, § 1,
5-5-69)
Cross reference—Licenses and miscellaneous busine§s regulations, -
Ch. 24.
Sec. 27-34. Park board to have jurisdiction and control.
The park board shall have the jurisdiction and control over
all grounds that have been or may be set aside as public parks.
Except as otherwise provided, such jurisdiction and control
shall be exclusive and shall comprehend the supervision, main-
tenance and repair of all grounds,roads, buildings, recreation-
al facilities and appurtenances located therein. (Ord. No. 41-
54, § 1, 6-7-54)
Sec. 27-35. Disorderly conduct.
Any threatening, profane, abusive, disorderly,insulting or
indecent language, any conduct or behavior or any act tending
to a breach of the public peace and quiet by any person or
persons in or upon any park or parkway is hereby prohibited.
(Ord. No. 24-69, § 2, 5-5-69)
Sec. 27-36. Indecent exposure.
No person shall expose himself or herself to public view in
any park or parkway, unless properly clothed. (Ord. No. 2.4-69,
§ 27, 5-5-69)
Sec. 27-37. Intoxicating beverages.
The consumption or use of intoxicating liquor, wine or beer
in a promiscuous manner by any person is hereby prohibited.
No beer in containers, commonly referred to as keg beer, shall
be brought into, any park or parkway by any person. (Ord.
No. 24-69, § 3, 5-5-69)
Cross reference—Alcoholic beverages, Ch. 5.
Sec. 27-38. Horse drawn vehicles, riding of animals restricted.
Horse drawn vehicles, riding horses or anyother domesti-
cated animal used for such purposes shall be prohibited in any
1748
Chapter 36
UTILITIES*
Art. I. In General, §§ 36-1-3645
Art. II. Sewers and. Sewage Disposal, §§ 36-16-36.71.
Div. 1. Generally, §§ 36-16-36-28
Div. 2. Disposal Restrictions, §§ 36-29-36-42
Div. 3. Private Disposal Systems, §§ 36-43-36-53
Div. 4. Rates, §§ 36-54-36-71
Art. III. Transit Authority,§§ 36-72-36-91
Art. IV. Water, §§ 36-92-36-164
Div. 1. Generally, §§ 36-92-36-113
Div. 2. Connections, §§ 36-114-36-144
Div. 3. Meters, §§ 36-145-36-160
Div. 4. Rates, §§ 36-161-36-164
ARTICLE I. IN GENERAL
Sec. 36-1. Gas main connections—City's authority to require.
Before any street, highway, avenue, alley or public ground
is permanently improved, the city council, by the passage of a
resolution, may require connections from gas mains to be
made by the owners of abutting property to the curbline of
such property, and a notice of such requirements shall be
given to the property owners as herein provided for. (Ord.
No. 128, § 1, 10-2-22)
Sec. 36-2. Same—Notice to owners.
As soon as the resolution requiring connections to be made
as provided for in section 36-1, is passed and adopted by the
city council, a written notice shall be served upon all persons
owning property along the street, avenue or alley proposed to
be improved, which notice shall order such property owner to
make connections to the curbline with gas mains located in
such streets, and thereupon it shall be the duty of the owners
*Cross references—Administration, Ch. 2; city operated ambulance
service, Ch. 18, Art. II, Div. 3; railroads, Ch. 32.
2265
§ 36.2 DUBUQUE CODE § 36-15
of such property to comply with such notice. The notice shall
prescribe whether or not more than one connection is required
to be made and the description of the lot or parcel of real
estate to which the same is to be made and, in each instance,
such owner shall be advised of the number of connections that
are required to be made. (Ord. No. 128, § 2, 10-2-22 ; Ord. No.
195, § 2, 5-2-28)
Sec. 36-3. Same --City's authority to make.
If a property owner upon whom notice has been served pur-
suant to section 36-2 to make the connections as provided for
in section 36-1, should fail or refuse to make such connections
within the time provided for in such notice, then the city
council may proceed to have said connections made upon a
contract made and entered into for that purpose and the cost
of making such connections shall be assessed to the property
owner and shall be collected in the same manner as other
special assessments are collected, except that the whole
amount of such assessments shall become due at once and
shall not be payable in installments. (Ord. No. '128, § 4, 10-2-
22)
Sec. 36-4. Same—When completion is required.
The resolution passed by the council pursuant to section
36-1 and the notice that is served upon the property owner
shall prescribe the time within which connections are to be
made with such mains as provided for in such resolution, and
this notice shall be final unless the time is extended by the
city council upon application made therefor, or if conditions
should arise which would make it impossible for the property
owner to make the connections required. (Ord. No. 128, § 5,
10-2x-22)
Secs. 36-5-36-15. Reserved.
2266
§ 36-16 UTILITIES § 36-18
ARTICLE II. SEWERS AND SEWAGE DISPOSAL*
DIVISION 1. GENERALLY
Sec. 36-16. Connections—City's authority to require.
Before any street, highway, avenue, alley or public ground
is permanently improved, the city council, by the passage of a
resolution, may require connections from sewer mains to be
made by the owners of abutting property to the curbline of
such property, and a notice of such requirements shall be
given to the property owners as provided for in section 36-2.
(Ord. No. 128, § 1, 10-2-22)
Sec. 36-17. Same -Notice to owners.
As soon as the resolution requiring connections to the sewer
mains to be made as provided for in section 36-16 is passed
and adopted by the city council, a written notice shall be
served upon each person owning property along the street,
avenue or alley proposed to be improved, which notice shall
order such property owner to make connections to the curb -
line with sewer mains located in such streets, and thereupon
it shall be the duty of the owners of such property to comply
with such notice. The notice shall prescribe whether or not
more than one connection is required to be made and the de-
scription of the lot or parcel of real estate to which the same is
to be made and, in each instance, such owner shall be advised
of the number of connections that are required to be made.
(Ord. No. 128, § 2, 10-2-22 ; Ord. No. 195, ,§ 2, 5-2-28)
Sec. 36-18. Same—When completion is required.
The resolution passed by the council pursuant to section
36-16 and the notice that is served upon the property owner
shall prescribe the time within which connections are to be
made with such mains as herein provided for, and this notice
shall be final unless the time is extended by the city council
*Cross reference—Sewage disposal from slaughterhouses and meat
plants, § 16-51.
-2267
§ 36-18 DUBUQUE CODE § 36-21
upon application made therefor, or if conditions should arise
which would make it impossible for the property owner to
make the connections required. (Ord. No. 128, § 5, 10-2-22)
Sec. 36-19. Same—Performance of work by city; collection
of costs.
If the property owner upon whom notice has been served
pursuant to section 36-17 to make the connections as provided
for in such section should fail or refuse to make such con-
nections within the time provided for in the resolution and
notice, then the city council may proceed to have such con-
nections made upon a contract made and entered into for that
purpose and the cost of making such connections shall be as-
sessed to the property owner and shall be collected in the
same manner as other special assessments are collected, except
that the whole amount of such assessments shall become due
at once and shall not be payable in installments. (Ord. No.
128, § 4, 10-2-22)
Sec. 36-20. Installation restrictions.
The restrictions and regulations contained in sections 30-
54 (a), 30-71 and 30-72 of this Code shall apply to the installa-
tion of a building sanitary or storm sewer. (Ord. No. 48-70,
Art. I, § 35, 9-21-70)
Sec. 36-21. Duties of officers and departments.
The following officers and departments shall have the fol-
lowing duties
(1) City manager: The city manager shall be responsible
to the city council for the overall administration and
operation of the sewage treatment system, and the de-
termination of all matters pertaining to rates, charges,
fees, rentals, special rates and collection conditions as
prescribed in section 36-56.
(2) Superintendent: The superintendent shall have charge
of the operation of the sewage treatment plant under
the general supervision of the city manager.
2268
§ 36-21 UTILITIES § 36-36
(3) Water department: The water department shall act as
the collection agent and collect all monies payable under
division 4 of this article and make an accurate account-
ing of all such monies to the city treasurer. (Ord. No.
35-57, § 3, 4-15-57)
Sec. 36-22. Construction, maintenance and operation costs.
The cost and expense of financing the construction and
maintenance and the operation of the sewage treatment plant
shall be paid from the sewage rental fund as budgeted and
appropriated therefor each fiscal year. (Ord. No. 35-57, § 10,
4-15-57)
Secs. 36-23---36-28. Reserved.
DIVISION 2. DISPOSAL RESTRICTIONS
Sec. 36-29. Definitions.
The following words and terms, as used in this division,
shall be deemed to mean and be construed as follows:
Contributor refers to any person responsible for the pro-
duction of domestic, commercial or industrial waste which is
directly or indirectly discharged into the city's sewer system.
Sewer system refers to any and all units of the municipal
sewer system, including private sewers, lateral sewers, trunk
line sewers and interceptor sewers. (Ord. No. 39-57, § 2,
5-6-57)
Cross reference—Rules of construction and definitions generally, §
1-2.
Sec. 36-30. Deposits to comply with division.
It shall be unlawful for any person to place or deposit or
cause to be deposited into any sewer under the jurisdiction of
the city any sanitary sewage, industrial waste or other pol-
luted waters except in accordance with the provisions of this
division. (Ord. No. 39-57, § 1, 5-6-57)
2269
§ 36-31 DUBUQUE CODE § 36=31
Sec. 36-31. Prohibited discharges -Generally.
Except as otherwise provided, no person shall discharge or
cause to be discharged into any public or private sewer any of
the following described substances, materials, waters or
wastes:
(a) Any liquid or vapor having a temperature higher than
one hundred fifty (150) degrees Fahrenheit, sixty-five
(65) degrees centigrade, except for discharge to a
storm sewer.
(b) Any gasoline, benzine, naphtha, fuel oil, mineral oil or
other flammable or explosive liquid, solid or gas, except
in emergencies under the supervision of the fire depart-
ment.
(c) Any water or wastes containing emulsified oil or grease
exceeding on analysis an average of one hundred (100)
parts per million floatable and six hundred (600) parts
per million dispersed of either soluble matter.
(d) Any water or wastes which contain more than ten (10)
parts per million by weight of the following gases:
hydrogen sulphide, sulphur dioxide or nitrous oxide.
(e) Any water or wastes that contain grease or oil or other
substance that will solidify or become discernibly vis-
cous at temperatures between thirty-two (32) degrees
and one hundred fifty (150) degrees Fahrenheit.
(f) Any garbage that has not been properly comminuted or
triturated.
(g) Any solid or semisolid material except through a sani-
tary convenience, or through a trap or screening de-
vice or grinder which shall preclude the introduction of
any material greater in size than that which can be
carried in the flow of the sewer.
(h) Any solid waste material which may reasonably be ex-
pected to flow or be water transported into a drainage
course or waterway or sewer.
2270
§ 36-31 UT'ILITIE:S § 36-31
(i) Any water or wastes that contain phenols in excess of
fifty one -hundredths (0.50) parts per million.
(j) Any waters or wastes having corrosive properties cap-
able of causing damage or hazard to structures, equip-
ment or personnel of the sewage treatment plant. Free
acids and alkalis of such wastes must be neutralized
within a permissible range of pli, between 4.5 and 10.0.
(k) Any waters or wastes containing a toxic orpoisonous
substance or of high chlorine demand in sufficient
quantity to injure or interfere with any sewage treat-
ment process, constitute a hazard to humans or animals,
or create any hazard in the receiving waters or the
effluent of the sewage treatment plant. Materials such
as copper, zinc, chromium and similar toxic substances
shall be limited to the following average quantities in
the sewage as it arrives at the treatment plant and at
no time shall the hourly concentration at the sewage
treatment plant exceed three (3) times the average
concentration:
(1) Iron as Fe, fifteen (15) parts per million
(2) Chromium as Cr, hexavalent, five (5) parts per
million
(3) Copper as Cu, three (3) parts per million
(4) Zinc as Zn, two (2) parts per million
(5) Chlorine demand, thirty (30) parts per million
(1) Any cyanides in excess of two (2) parts per million by
weight as CN in the wastes from any outlet into the
public sewers.
(m) Any water or wastes containing the discharge of acid.
pickling wastes or concentrated plating solutions,
whether neutralized or not, which are capable of caus-
ing any obstruction, damage or corrosion in the sewers
or the sewage treatment plant.
(n) Any waters containing suspended solids of such charac-
ter and quantity that unusual provision, attention or
2271
§. 36-31 DUBUQUE, CODE §:;3:6-32
expense is required to handle such materials at the
sewage treatment plant,
(o) Any noxious or malodorous gas or other substance
which either singly or by interaction with other wastes
is capable of creating a public nuisance or hazard to life
or of preventing entry into sewers for their mainte-
nance and repair.
(p) Any toxic . radioactive isotopes having a half-life of
more than one hundred (100) days.
(q) Any wastes that for a duration of fifteen (15) minutes
have a concentration greater than five (5) times that
of normal sewage as measured by suspended solids and
B.O.D.
(r) Any waters, wastes, materials or substances which
react with waters or wastes in the sewer system to re-
lease noxious gases, develop color of undesirable in-
tensity, form suspended solids in objectionable concen-
tration or create any other condition deleterious to
structures and treatment processes. (Ord. No. 39-57, §
3, 5-6-57; Ord. No. 4-68, § 11, 2-7-68)
Sec. 36-32. Same—Air conditioning systems.
(a) Except as otherwise specifically authorized or required
by this section or chapter 30 of this Code, it shall be unlawful
to discharge any air conditioning water, drip pans, refrigera-
tion water or cooling tower water, directly or indirectly into
any sanitary sewer or upon any public property, whether the
water originated in a public or private water supply ; provided,
however, that such water may be discharged into a sanitary
sewer if the same comes from equipment so designed that the
total rate of discharge of this type of equipment from the
premises served on such sewer could not exceed five (5) gal-
lons per minute, but in no event shall the same be discharged
either directly or indirectly upon any public roadway, walk-
way, street, alley or other public property.
(b) Separate water meters of the kind and type as specified
by the water department may be installed in all instances
2272
§ 36-32 UTILITIES § 36-35
where water from the public water supply is used for air con-
ditioners, refrigeration or other processing and such clear
water wastes are discharged to the storm sewer or disposed
of by other means than the sanitary sewer; the purpose of
metering such water will be used as a deduct quantity of water
used for determination of the sewage service charge. (Ord.
No. 48=70, Art. I, § 34, 9-21-70)
Sec. 36-33. Manager's right -of -access for enforcement of divi-
sion.
The city manager, or his duly authorized representative,
shall be entitled to access to the premises of any contributor
for the purpose of inspection, observation, measurement, sam-
pling, and testing at any reasonable time to such extent as may
be necessary to carry out the spirit and intent of this division
and it shall be deemed a part of. the agreements on the part
of the contributor as a condition to his permission to connect
with the city sewer system that such access be granted. Any
person interfering with the manager or his authorized repre-
sentatives in the proper performances of their duties under
the provisions of this section shall be guilty of a misdemeanor.
(Ord. No. 39-57, § 4, 5-6-57)
Sec. 36-34. Special agreements with industrial concerns.
Nothing in this division shall be construed as preventing
any special agreement, arrangement or contract between the
city andany industrial concern whereby an industrial waste
of unusual strength or character may be accepted by the city
for treatment subject to the rate and cost as established by
the city council. (Ord. No. 39-57, § 5, 5-6-57)
Sec. 36-35. Test standards.
All measurements, tests and analysis of the characteristics
of waters and wastes shall be determined in accordance with
the current volume "Standard Methods for the Examination
of Water and Sewage" as promulgated :by the American Public
Health Association and the American Waterworks Association.
(Ord. No. 39-57,. § 7,..5-6-57)
2273
§ 36-36 DUBUQUE ;CODE § 36=45
Sec. 36-36. Collection points.
Any, contributor shall, uponrequest of the city manager,
provide a central collection point to facilitate observation,
measurement and sampling of the waters or waste. Such col-
lection points shall be accessible and safely located, and shall
be constructed in accordance with plans approved by the city
manager. The collection point shall be installed and main-
tained by the owner at his expense. In the event that no col-
lection point is established or required, the nearest down-
stream manhole shall be considered as a collection point for
the property. (Ord. No. 39-57, §'§ 8, 9, 5-6-57)
Secs. 36-37--36-42. Reserved.
DIVISION 3. PRIVATE DISPOSAL SYSTEMS
Sec. 36-43. Permit -Required.
No septic tank or . other private sewage disposal system
shall be constructed in the city unless a permit therefor has
first been granted by the city sanitary inspector in the man-
ner provided in this division. (Ord. No. 38-55, § 1, 6-27-55)
Cross reference—Licenses and miscellaneous business regulations,
Ch. 24.
Sec. 36-44. Same—Application.
Any person desiring to construct a private sewage disposal
system within the' city shall make application for a permit. to
the city sanitary inspector showing the name and address of
the owner, the applicant and the person who will perform the
work, the description of the premises to be served and a plan
showing the location and design of the septic tank and sec-
ondary treatment, and the location of any wells within seven-
ty-five (75) feet of the premises. (Ord. No. 38-55, § 2, 6-27-
55)
Sec. 36-45. Same—Issuance.
The sanitary .inspector shall issue the permit required by
section. 36-43 and advise the plumbing inspector, if, after an
inspection of the premises and plans, he shall find that:
2274
§ 36-45 UTILITIES § 36-54
(1) The location and design is in accordance with the regu-
lations of the state department of health;
(2) The disposal plant is adequate for the premises to be
served;
(3) It is not likely to create a nuisance to abutting prop-
erty ; and
(4) There is no public sewer within two hundred (200) feet
of the premises. (Ord. No. 38-55, § 2, 6-27-55)
Sec. 36.46. Conformity to plumbing regulations.
Notwithstanding the provisions of this division, no such
disposal plant shall be connected to any house drainage system
except in accordance with the provisions of the ordinances of
the city regulating plumbing. (Ord. No. 38-55, § 4, 6-27-55)
Secs. 36-47-36-53. Reserved.
DIVISION 4. RATES
Sec. 36-54. Definitions.
The following words and terms as used in this division,
shall be deemed to mean and be construed as follows:
Contributor refers to any person responsible for the pro-
duction of domestic, commercial or industrial waste which is
directly or indirectly discharged into the city's sanitary sewer
system.
Sewage service charge refers to any and all . rates, charges,
fees or rentals levied against and payable by the contributors,
including special contracts or agreements which have been or
may be negotiated by and between the city, commercial estab-
lishments, industries, manufacturing plants: or corporations
for the purpose of collecting rates, .charges, fees or rentals.
Sewage treatment plant refers to any and ,all units of the
municipal ; sewage treatment system owned, and operated. by
2275
§ 36.54 DUBUQUE CODE § 36-56
the city, including the interceptor sewer system, the pumping
stations delivering sewage to the plant and the outfall sewer
system.
Water department refers to the city water department.
(Ord. No. 35-57, § 2, 4-15-57)
Cross reference—Rules of construction and definitions generally, § 1-2.
Sec. 36-55.. Purpose.
It is hereby determined and declared to be necessary and
conducive to the protection of the public health, safety, wel-
fare and convenience of the city to levy and collect just and
equitable charges, rates or rentals upon all lots, parcels of real
estate and buildings that are connected directly or indirectly
withthe sanitary sewage system of the city, the proceeds of
such charges or rentals so derived to be used for the purpose of
constructing, operating, maintaining and repairing such sew-
age treatment plant. (Ord. No. 35-57, §.1, 4-15-,57)
Sec. 36-56. Established.
Contributors whose property lies within the corporate .limits
of the city, except as otherwise provided in this division, shall
pay to the city, through its collection agent at his office at
the same time payment for water service is made, a sewer
service charge computed on water consumption on the fol-
lowing rates :
(a) Basic charges: The sewage rates and charges shall be
based on the quantity of water used on or in the prop-
erty or premises, as the same is measured by the water
meter there in use, except as otherwise provided in this
division. Water meters will be read bimonthly (or a
period equaling once every two (2) months). Payment
for the sewage service charge shall be paid to the city's
collection agent at the same time payment is made for
water service.
Monthly Rates
First 1,000 cu. ft. at $0.32 per hundred cubic feet
Next 1,000 cu. ft. at 0.26 per hundred cubic feet
2276
§ 36-56 UTILITIES § 36-56
Next 1,000 cu. ft. at
Next 12,000 cu. ft. at
Next 35,000 cu. ft. at
Next 50,000 cu. ft. at
Balance at
0.22 per, hundred cubic feet
0.18 per hundred cubic feet
0.16 per hundred cubic feet
0.14 per hundred cubic feet
0.09 per hundred cubic feet
Bi -Monthly Rates
First 2,000 cu. ft. at $0.32 per hundred cubic feet
Next 2,000 cu. ft. at 0.26 per hundred cubic feet
Next 2,000 cu. ft. at 0.22 per hundred cubic feet
Next 24,000 cu. ft. at 0.18 per hundred cubic feet
Next 70,000 cu. ft. at 0.16 per hundred cubic feet
Next 100,000 cu. ft. at 0.14 per hundred cubic feet
Balance at 0.09 per hundred cubic feet
(b) Service charge:
(1) When a parcel of real estate, property or building,
discharging sanitary sewage, industrial wastes,
water or other approved waste, either directly or
indirectly into the city's sanitary sewer system,
is not a user of water supplied by the city water
department and the water used thereon or therein
is not measured by a water meter or is measured
by a water meter not acceptable to the city, the'
amount of water used shall be determined by the
city in such manner as the city manager may elect
in order to establish the rate of charge as provided
in this division, or the owner or other interested
parties at his expense, may install and maintain a
meter acceptable to the city for said purpose.
(2) When a parcel of real estate, property or building,
discharging sanitary sewage, industrial wastes,
water or other approved waste, either directly or
indirectly into the city's sanitary sewer system,
is a user of water supplied by thecity water de-
partment, and in addition uses water from an-
other source which is not measured by a water
meter or is measured by a water meter not ac-
ceptable to the city, the amount of water used shall
2277
DUBUQUE CODE § 36-56
be determined by the city in such a manner as the
city manager may elect in order to establish the
rate of charge as provided in thisdivision, or the
owner or other interested parties at his expense
may install and maintain a meter acceptable to the
city for said purpose.
(3) When a parcel of real estate, property, or building,
discharging sanitary sewage, industrial wastes,
water or other approved waste either directly or
indirectly into the city's sanitary sewer system, is
not a user of water supplied by the city water
department, the amount of sanitary sewage, in-
dustrial wastes, water or other approved waste
discharged into the sanitary sewer system shall be
determined by the city in such manner as the city
manager may elect in order to establish the rate
of charge as provided in this division, or the owner
or other interested parties at his expense, may in-
stall and maintain a sewage meter acceptable to
the city for said purpose.
(4) The city council may, in its discretion, upon ap-
plication, permit connection to the city sanitary
sewer system of properties located outside the
corporation limits upon such terms and conditions
as it may establish; provided, however, that such
terms shall not be more favorable to such property
than the rates herein established for city users.
(5) In order that the rates and charges may be justly
and equitably adjusted to the service rendered, the
city shall have the right to base its charges not
only on volume but also on the strength and charac-
ter of the sewage and wastes deposited in the sys-
tem by the contributor. The city shall have the
right to measure and determine the strength and
content of all sewage and wastes discharged either
directly or indirectly into the city's sanitary sew-
age system, in such manner and by such methods
2278
§ 36-56 UTILITIES ;§ 36-56
as it may deem practicable in the light of the con-
ditions and circumstances of the case in order to
determine the proper charge.
Extra charges based on strength of the sewage and
liquid wastes shall be made on the following basis :
For suspended solids in excess of two and fifty
one -hundredths (2.50) pounds for each one hundred
(100) cubic feet of sewage and waste an additional
charge of one cent ($0.01) shall be made for
each pound.
The determination of suspended solids in the waste
shall be in accordance with "Standard Methods for
the Examination of Water and Sewage."
(6) The rates and charges may be billed the tenant
or tenants occupying the properties served, unless
otherwise requested, in writing by the owners, but
such billing shall in no way relieve the owner from
liability in the event payment is not made as re-
quired in this division.
(7) Where the quantity of water consumed is such that
the minimum water service is charged, the min-
imum sewage charge, according to the size of the
meter, shall be as follows
Monthly Rates
Meter (inches) Minimum Charge Allowance (cubic feet)
s/3 $ 0.95 300
3/4 1.47 400
1 1.98 600
11/4 2.35 700
11/2 2.92 900
2 3.50 1,100
3 5.25 1,700
4 7.00 2,500
6 10.50 4,300
8 14.00 6,300
10 17.50 8,200
2279
§ 36-56
DUBUQUE CODE § 36-58
Bi -Monthly Rates
Meter (inches) Minimum Charge Allowance (cubic feet)
5/a $ 1.90 600
34 2.94 900
1 3.96 1,200
11%y 4.70 1,400
11/2 5.84 1,800
2 7.00 2,200
3 10.50 3,400
4 14.00 5,000
6 21.00 8,600
8 28.00 12,600
10 35.00 16,400
(Ord. No. 35-57, § 4, 4-15-57; Ord. No. 65-68, §§ 2, 3, 10-
28-68)
Sec. 36-57. Areas not served by public system.
The rates, service charges, rentals or fees as provided in
this division shall become effective at the time sewage from
the contributors is first directed to the sanitary sewer system.
At the time sanitary sewers are constructed in areas not now
served by a sanitary sewer system, contributors shall be
granted a reasonable time to make connection to the sewer.
The effective date of the sewage service charge and the reas-
onable time to connect to the sanitary sewer system will be
determined by the city manager. (Ord. No. 33-57, § 6, 4-15-
57)
Sec. 36-58. Disposal of wastes from private facilities.
Any contributor engaged in cleaning cesspools, septic tanks
or privy vaults shall discharge all effluent into a designated
location at the sewage treatment plant. The rate for receiv-
ing such waste shall be determined by the city manager. It
shall be unlawful for any contributor to place any effluent or
waste from cesspools, septic tanks or privy vaults in any other
location in the city, except at the designated location at the
sewage treatment plant. (Ord. No. 35-57, § 7, 4-15-57)
2280
§ 36-59
UTILITIES § 36-73
Sec. 36-59. Lien for failure to pay.
The city shall have a lien upon the property served by the
sanitary system for all delinquent rates or service charges in
accordance with the Code of Iowa. Bills for sewer service shall
be delinquent when the same are unpaid for a period of fif-
teen (15) days following their due date, and if not paid, a
penalty of five (5) per cent shall be added to the sewage
rental bill but not less than fifty cents ($0.50). (Ord. No.
35-57, § 8, 4-15-57)
Sec. 36-60. Costs of collection.
The actual cost of collecting and accounting for all sewer
rentals or charges shall be a part of the cost of operating the
sewage treatment plant. The cost shall be paid from the
sewage rental fund to the collection agent upon the city man-
ager's certificate certifying to the amount. (Ord. No. 35-57, §
11, 4-15-57)
Secs. 36-61-36-71. Reserved.
ARTICLE III. TRANSIT AUTHORITY*
Sec. 36-72. Established.
The city does hereby create and establish a transit au-
thority in and for the city, effective July 1, 1975. (Ord. No.
19-75, § 1, 6-9-75)
Sec. 36-73. Qualification of trustees.
The trustees of the transit authority shall qualify by taking
their respective oaths of office and filing a surety company
bond in the principal amount of one thousand dollars ($1,000.-
00) in favor of the city in the office of the city clerk. (Ord.
No. 19-75, § 3, 6-9-75)
*Cross references—Administration, Ch. 2; motor vehicles and traffic,
Ch. 25.
2281
§ 36-74 DUBUQUE CODE § 36-78
Sec. 36-74. Organization, election of officers; adoption of
rules; terms.
The board of trustees of the transit authority shall organize
for its transaction of business, elect from its own number a
chairman and a secretary who shall serve for such terms as
the board shall determine, not exceeding their terms of office
as members of the board, and adopt bylaws, rules and regu-
lations to govern the proceedings of the board. Members of
the board shall hold office for four (4) years or until their
respective successors have been appointed and have qualified.
(Ord. No. 19-75, § 5, 6-9-75)
Sec. 36-75. Salary of trustees.
The salary for each trustee member of the transit authority
is hereby fixed in the amount of three hundred dollars ($300.-
00) per year for each member. (Ord. No. 19-75, § 4, 6-9-75)
Sec. 36-76. Quorum; majority vote required for action by
board.
Two (2) members of the board of trustees of the transit
authority shall constitute a quorum for the transaction of
business. All action of the board shall be by resolution and
the affirmative vote of at least two (2) members shall be
necessary for the adoption of any resolution. (Ord. No. 19-75, §
5, 6-9-75)
Sec. 36-77. Records to be public; exception.
All resolutions of the board of trustees of the transit au-
thority and all documents and records in its possession shall
be public records and open to public inspection, except such
documents and records as shall be kept or prepared by the
board for use in negotiations, actions or proceedings to which
the board is a party. (Ord. No. 19-75, § 5, 6-9-75)
Sec. 36-78. Powers, duties of board.
The board of trustees of the transit authority shall have:
2282
§ 36-153 UTILITIES §.36=161
(b) If the meter is found to register satisfactorily, the
water atcually passing through it, a charge of three dollars
($3.00) will be made to pay the cost of making the test. If
the meter is found to measure unsatisfactorily, the water
passing through it, no charge will be made for the test and a
proportional reduction will be made from the previous bill.
(c) A water meter shall be considered to register satisfac-
torily when it registers within two (2) per cent of accuracy.
(Ord. No. 5-59, § 34, 2-9-59)
Sec. 36-154. When read.
Meters on domestic services or small users of water shall be
read 'bi-monthly. Meters on commercial services or large users
of water shall be read monthly. (Ord. No. 5-59, § 35, 2-9-59)
Secs. 36-155-36-160. Reserved.
DIVISION 4. RATES
Sec. 36-161. Residential, commercial and industrial uses.
The rates to be charged for water for residential, commer-
cial, industrial and other uses and purposes by any person
supplying water within the city shall be fixed and determined
as follows:
(1) Water rates for users within the city, whose meters are
read monthly, shall be as follows
Cubic feet
First 300
Next 700
Next 1,000
Next 1,000
Next 12,000
Next 35,000
Next 50,000
Balance
Charge per hundred cubic feet
$3.00 (total)
0.675
0.60
0.495'
0.405
0.345
0.30
0.24
The minimum monthly charge according ` to size of
meters shall be as follows:
:2301
§ 36-161 DUBUQUE CODE § 36451
Meter Size
(inches)
6/8
8/4
1
11/4
13/2
2
3
4
6
8
Minimum
Charge
$ 3.00
4.88
7.88
11.63
14.63
244.38
48.75
73.13
156.25
243.75
(2) Water rates for users within the
Allowance
(cubic feet)
300
500
1,000
1,600
2,100
4,400
10,500
16,900
38,000
69,300
city, whose meters
are read bi-monthly, shall be as follows:
Cubic feet
First 600
Next 1,400
Next 2,000
Next 2,000
Next 24,000
Next 70,000
Next 100,000
Balance
Charge per hundred cubic feet
$4.00 (total)
0.675
0.60
0.495
0.405
0.345
0.30
0.24
The minimum bi-monthly charge according to size of
meters shall be as follows :
Size of meter Minimum
(inches) Charge
5/8
8/4
1
11/4
111/2
2
$ 6.00
9.75
15.75
23.25
29.25
48.75
(Ord, No. 64-68, §§ 1, 2, 10-28-68)
2302
Allowance
(cubic feet)
600
1,100
2,000
3,300
4,300
8,800
§ 36-162 UTILITIES § ;36-163
Sec. 36-162. Fire sprinkler service.
The following yearly charges for fire sprinkler service
supplied by the city water department shall be paid semi-an-
nually in advance, which charges are fixed and determined as
follows
Minimum annual charge, $50.00
Up to 200 heads, $50.00
200 to 300 heads, $60.00
300 to 400 heads, $70.00
400 to 600 heads, $80.00
600 to 800 heads, $90.00
800 to 1000 heads, $100.00
1000 to 1200 heads, $110.00
1200 to 1400 heads, $120.00
1400 to 1600 heads, 30.00
1600 to 1800 heads, $140.00
1800 to 2000 heads, $150.00
2000 to 2200.heads, $160.00
2200 to 2400 heads, $170.00
2400 to 2600 heads, $180.00
2600 to 2800 heads, $190.00
2800 to 3000 heads, $200.00
3000 to 3500 heads, $210.00
For each additional 500 heads or fraction thereof over
3500 heads, $10.00 per year. (Ord. No. 64-68, § 3,
10-28-68)
Sec. 36-163. Construction use.
(a) When a temporary water service is desired for con-
struction work, application shall be made to the superintendent
of the water department. A deposit equal to the actual cost of
the meter and fittings shall be paid in advance. The applicant
shall guarantee payment of such water service charges and
return said meter in good condition.
(b) The applicant shall thereupon install a suitable meter,
furnished by the water department, and shall pay for all
2303
§ .36463
DUBUQUE CODE § 36463
water furnished in accordance with the then prevailing water
rates including minimum monthly charges.
(c) If it is the opinion of the superintendent of the water
department that the placement of a meter is impractical, then
the deposit for meter and fittings shall not be required but
the following charges shall prevail and a suitable deposit as
determined by the superintendent of the water department
shall be required, but under no conditions shall water be used
for sprinkling lawns or wetting down yards unless a meter
has been installed on the service.
(1) For water used in the construction of a residence or
small building, a two dollar ($2.00) permit fee shall be
paid and in addition a minimum service charge shall be
made according to the size of the meter to be in-
stalled.
(2) For water used in the construction of larger buildings,
street paving or other uses, a two dollar ($2.00) permit
fee shall be paid and the water will be charged accord-
ing to the quantities as follows :
a. Sidewalks, three cents ($0.03) per square yard;
b. Concrete, bulk, ten cents ($0.10) per cubic yard;
c Stone masonry, six cents ($0.06) per perch;
d. Brick work, ten cents ($0.10) per one thousand ;
e. Plastering, forty cents (0.40) per one hundred
square yards;
f. Concrete curb and gutter, one cent ($0.01) per
lineal foot ;
g. Concrete pavement, one and one-half cents ($0.015)
per square yard;
h. Brick or concrete manholes, one dollar ($1.00)
each ;
is Asphalt rollers, twenty cents ($0.20) per one hun-
dred (100) square yards;
2304 lg
§ 36-163 UTILITIES § 36-164
j. Wetting down sub -grade, one dollar ($1.00) per
one hundred (100) square yards.
(d) The rate for water charged for other purposes not men-
tioned herein, such as for circuses, carnivals, fairs, skating
rinks, swimming pools, tank wagons and filling cisterns will
be made by the superintendent of water department when
application is made for the same at the water office. (Ord.
No. 5-59, § 38, 2,9-59)
Cross reference—Buildings and building regulations, Ch. 10.
Sec. 36-164. Payment of bills.
All bills for water shall become delinquent fifteen (15)
days after the date of billing. Ten (10) days after a bill has
become delinquent the water may be shut off and if it is so
shut off, it shall not be turned on again until all water bills
and other charges due for services, together with a two dollar
($2.00) penalty, have been paid. Water will be turned on only
during the regular working hours. (Ord. No. 5-59, § 36,
2'r-9-59)
[The next page is 2355]
2305
Chapter 38
VEHICLES FOR HIRE*
Art. I. In General, §§ 38-1-38-15
Art. II. Taxicabs, §§ 38-16-38-40
Div. 1. Generally, §§ 38-16`38-30
Div. 2. Permits and Licenses, §§ 38-31-38-40
ARTICLE I. IN GENERAL
Secs. 38-1---38-15. Reserved.
ARTICLE II. TAXICABS
DIVISION 1. GENERALLY
Sec. 38-16. Definitions.
The following words and phrases, when used in this article,
shall have the meanings set out herein:
Chauffeur means any person who operates an automobile
in the transportation of persons, and who receives any com-
pensation for such service in wages or commissions or who is
otherwise paid, directly or indirectly.
Taxicab means a motor vehicle regularly engaged in the
business of carrying passengers for hire, having a seating
capacity of less than ten (10) persons and not operated on a
fixed route. (Ord. No. 33-57, § 1, 4-1-57)
Cross reference -Rules of construction and definitions generally, § 1-2.
Sec. 38-17. Meters required.
(a) All persons who have a permit to operate a taxicab
within the city shall equip such taxicab with a fare registering
meter, commonly known as and called a taxicab meter, for the
purpose of charging a fare to patrons using said taxicab ; and
such taxicab shall not be operated upon the streets of the
*Cross references—Licenses and miscellaneous business regulations,
Ch. 24; motor vehicles and traffic, Ch. 25.
2411
§ 38-17
DUBUQUE CODE § 38-18
city at any time when such taxicab shall have more than the
driver occupying the same without such meter operating.
(b) Every taximeter in use shall be placed on the front
dashboard and shall be placed in such a position that the
amount of fare to be charged, shall, at all times be plainly
visible to and readily ascertainable by all the occupants of the
taxicab. Between the hours of sunset and sunrise, the dial of
the taximeter shall be illuminated whenever it is in use.
(c) When a taxicab is not in service, the taximeter shall
show no fare. When a taxicab is in service and the taximeter
rate is used, the flag or indicator on the taximeter shall be
lowered, and the taximeter shall be in the calculating position.
Upon the completion of the service by a taxicab, the flag or
indicator on the taximeter shall be raised, and its dials
cleared. (Ord. No. 33-57, § 12, 4-1-57 ; Ord. No. 40-65, § 2,
11-15.65; Ord. No. 11-69, § 1, 3-3-69)
Sec. 38-18. Rates -Established.
The following are hereby fixed and established as the rates
and charges for the transportation of passengers within the
city limits
(1) One passenger: First one-fifth (1/5) mile, ninety cents
($0.90) ; each additional one-fifth (1/5) mile, ten cents
($0.10).
(2) Two (2) or more passengers (not exceeding five (5) ),
same points of origin and destination: First one-fifth
(1/5) mile, ninety cents ($0.90) ; each additional one-
fifth (1/5) mile, ten cents ($0.10) ; each extra passen-
ger, ten cents ($0.10) .
(3) Two (2) or more passengers, not exceeding five (5),
same point of origin but different destinations: First
passenger discharged pays one passenger rate; meter
will continue to operate, each succeeding passenger dis-
charged will pay increase in total meter rate from
metered rate of previous passenger plus ten cents
($0.10) ; minimum charge in all cases will be ninety
cents ($0.9,0) .
2412
§ 38-18 VE!HICLES FOR HIRE. § 38-21
(4) Various points of origin and destination: each person
shall pay metered rate except as outlined under sub-
paragraph (3) of this section. Minimum charge in all
cases will be ninety cents ($0.90)
(5) The rates set out in this section include ordinary lug-
gage.
(6) A waiting charge begins immediately at five dollars
($5.00) per hour. (Ord. No. 33-57, § 13, 4-1-57; Ord.
No. 40-65, ,§ 2, 1145-65 ; Ord. No. 11-69, § 2, 3-3-69 ;
Ord. No. 43-72, § 1, 7-17-72 ; Ord. No. 55-73, § 1, 12-3-
73 ; Ord. No. 29-74, § 1, 4-22-74)
Sec. 38-19. Same—Posting required.
Every motor vehicle operating as a taxicab shall have ex-
posed in a conspicuous place, in clear view within the passen-
ger's compartment, a printed table large enough to be read
by the passengers in the taxicab, showing the rates estab-
lished in section 38-18 of this article; and it shall be unlawful
to operate, or permit to be operated, any taxicab unless such
rates are posted as provided in this section. (Ord. No. 33-57,
§ 14, 4-1-57)
Sec. 38-20. Same—Receipt.
The driver of any taxicab shall, upon request, furnish any
passenger a receipt for the amount charged, either by a
mechanically printed receipt or by a specially prepared re-
ceipt, on which shall be shown the name of the taxicab op-
erator, the chauffeur's name and license number, the taxi-
cab license number, the date and the items for which charges
are made. (Ord. No. 33-57, § 16, 4-1-57)
Sec. 38-21. Same—Unlawful for passenger to refuse to pay.
It shall be unlawful for any person to refuse to pay the legal
fare for a taxicab, after having hired the same. (Ord. No.
33-57, § 17, 4-1-57)
2413
§ 38-22 DUBUQUE CODE § 38-32
Sec. 38-22. Consent of original passenger required before
taking on new passengers or riders.
(a) In all cases in which taxicab service is being provided
to more than one passenger in a given trip, the driver furnish-
ing the service shall request and be given the oral consent of
the original passenger ; and no additional passenger may be
taken unless the consent of the original passenger is given.
(b) No chauffeur shallpermit any other person to occupy
or ride in a taxicab, unless the person, or persons, first em-
ploying the taxicab shall consent thereto. (Ord. No. 33-57, §
15, 4-1-57; Ord. No. 11-69, § 2, 3-3-69; Ord. No. 43=72, § 1,
7-17-72; Ord. No. 55-73, § 1, 12-3-73-; Ord. No. 29-74, § 1,
4-22-74)
Sec. 38-23. Stands.
The city manager, with the approval of the city council,
may set apart places upon the streets in the city where taxi-
cabs may stand and where passengers may be solicited, but
nothing herein shall permit such soliciting to be made away
from the cab so as to subject pedestrians to annoyance or
interference. (Ord. No. 33-57, § 18, 4-1-57)
Secs. 38-24-38-30. Reserved.
DIVI'SIO'N 2. PERMITS AND LICENSES
Sec. 38-31. Operator's permit—Required.
No person shall operate or permit a taxicab owned or con-
trolled by him, to be operated as a vehicle for hire upon the
streets of the city without first having obtained a taxicab
operator's permit from the city. (Ord. No. 33-57, §§ 2, 11,
4-1-57)
Sec. 38-32. Same—Application.
An application for a taxicab operator's permit shall be filed
with the city manager upon a form provided by him; and such
application shall furnish the following information:
2414
§ 4-104 APPENDIX A -ZONING § 4-104
such facilities shall provide not less than 50 square
feet of indoor floor area (not including halls or
bathrooms) and not less than 100 square feet of
outdoor recreation space for each child. In addition,
such facilities shall supply adequate off-street
parking or other suitable plan for the loading and
unloading of children so as to not obstruct public
streets or create other traffic or safety hazards.
2) Nursing or convalescent homes.
3) Group homes on lots of no less than 1500 square
feet per resident, provided that off-street parking
is adequate to the expected need for such parking.
4) Off-street parking on lots not reasonably adapt-
able for other uses permitted in the district, pro-
vided that adequate screening is present and that
a Site Plan is approved for any permanent im-
provements, as provided in Section 5-103 of this
ordinance.
4-104.5 Prohibited Uses
Excepting those uses which are otherwise specifically
permitted by Section 4-104.2 (7), Section 4-104.4, or
Article V of this ordinance entitled "Supplementary
District Regulations", the following uses are prohibited
in the R-1 Residential District :
1) Commercial use as defined in this ordinance.
4-104.6 Schedule of District Regulations Adopted
Additional regulations for the R-1 Residential District
shall be as set forth in the R-1 Schedule of District
Regulations, hereby adopted by reference and declared
to be a part of this ordinance, and in Article V of this
ordinance, entitled "Supplementary District Regula-
tions."
2493
4-105.1
NOTE: See
PRINCIPAL•
Single [1
Minimum Required
v
(in square feet)
Minimum Required
Frontage
(in feet)
Minimum Required
Front Yard Setback
(in feet)
Minimum Required 25' on cor
Side Yard Setback 8. on oth
(in feet)
Minimum Required 8' on corn
Rear Yard Setback 25 %of 1(
(% of Lot Depth) other lots
Minimum Required
Off -Street Parking 2 per dwe
Spaces
Maximum Building
Height
(in feet)
Maximum Lot
Coverage
(as a % of Total
Lot Area)
Notes: 1) Standards and proce
tained in Article VI
ule.
4.107.
NOTE : See
PRINCI1
Townhouse
Minimum Required
Lot Area
(in square feet)
2500 pei
u
Minimum Required
Frontage
(in feet)
3,0
Minimum Required
30' when
r ront 1 ant 6etback street
(in feet) 20' on all I
Minimum Required 6° plus 2'
Side Yard Setback each sto
(in feet)
Minimum Required 8' on corn
Rear Yard Setback 20% of to
(in feet)
Minimum Required
Off -Street Parking 1.5 pe
Spaces
Maximum Required
Height
(in feet)
Maximum Lot
Coverage
(as a % of Total
Lot Area)
'OTE: 1) Standards and proce
tained in Article VI o
ule.
4-108.
NOTE: See
PRINCIIj
Multi
Minimum Required 1000
Lot Area plus
(in square feet)
Minimum Required
Frontage
(in feet)
Minimum Required 30' when
Front Yard Setback street
(in feet) 20' on oth:
Minimum Required 15' on the
Side Yard Setback lot
(in feet) 10' on othe
Minimum Required 8' on corne
Rear Yard Setback 20' on all o
(in feet)
Minimum. Required
Off -Street Parking 1.5
Spaces
Maximum Building
Height
(in feet)
Maximum Lot
Coverage
(as a % of Total
Lot Area)
NOTE: 1) Standards and proce
tained in Article VI o
ule.
§ 4409 APPENDIX A -ZONING § 4409
Section 4-109 OR -1 Office -Residential district regulations
4-109.1 General Statement of Intent
The OR -1 Residential District is primarily a high-
density residential dwelling district permitting mixed
professional office use. The regulations for this district
are therefore designed to promote the same basic resi-
dential living qualities sought in other residential dis-
tricts [see Section 4-103 of this Article], consistent
with the mixed use character of the district.` In' addition
to residential and office use, certain low -intensity com-
mercial uses for the primary convenience and service
of district residents may be allowed in the OR -1 PUD
zone as Conditional Uses by the Board of Adjustment
upon a showing that proper standards and conditions
are present to avoid adverse impact upon the residential
living environment.
It is contemplated that this district will be mapped
only in areas where the service infrastructure is ade-
quate to accommodate the uses permitted by these regu-
lations. It is further contemplated that this district
will generally be employed as a buffer or transitional
zone between lower density residential districts and
commercial or institutional districts.
When superimposed with the PUD District designation
a slightly different range and intensity of uses may be
permitted in the OR -1 District : than is otherwise per-
mitted under this Section. The PUD District provisions
and regulations may be superimposed upon the OR -1
District in accordance with Section 4-110 of this Arti-
cle, entitled "PUD District Regulations".
4-109.2 Principal Permitted Uses
In the OR -1 Office -Residential District no building,
structure or land shall be used and no building or
structure shall be built or altered to be used in whole
or in part, unless otherwise . specifically provided by
this ordinance,: except for the following purposes
2513
§"4-109 DUBUQUE CODE § 4-109
1) Single family dwellings
2) Duplexes
3) Townhouses
4) Multiple -family dwellings
5) Non-commercial farms, gardens, nurseries, green-
houses, public or private parks, and recreation
areas
6) Churches, convents, and monasteries
7) Nursery schools and day-care centers
8) Public schools
9) Private and parochial schools for grades kinder-
garten through the twelfth (12th) grade
10) Rooming or boarding houses serving no more than
ten (10) roomers or boarders at any time
11) Professional office use, as defined in this ordi-
nance.
12) Mortuaries and funeral parlors
13) Nursing or convalescent homes
14) Non-commercial art galleries, libraries, and mu-
seums.
15) Parking lots and garages.
16) Auditoriums, assembly halls, and similar places of
public assembly.
4-109.3 Accessory Uses
Accessory uses and buildings are permitted in the OR -1
Office -Residential District only in accordance with the
provisions and regulations of Article V of this ordi-
nance entitled "Supplementary District Regulations".
4-109.4 Conditional Uses
The following Conditional Uses are permitted in the
OR -1 Office -Residential District, but only in accordance
2514
§ 4-109 APPENDIX A -ZONING § 4-109
with the provisions of Article VI of this ordinance
governing the issuance of Conditional Use Permits :
1) Group homes
2) Private clubs
4-109.5 Prohibited Uses
The following uses are expressly prohibited in the OR -1
Office -Residential District:
1) Commercial uses as defined in this ordinance, ex-
cept those uses specifically permitted by Section
4-109.2, Section 4-109.4, or Article V of this ordi-
nance, entitled "Supplementary District Regula-
tions".
2) (Reserved for future use).
4-109.6 Schedule of District Regulations Adopted
Additional regulations for the OR -1 Office -Residential
District shall be as set forth in the OR -1 Schedule of
District Regulations, hereby adopted by reference and
declared to be a part of this ordinance, and in Article V
of this ordinance, entitled "Supplementary District
Regulations".
2515
Minimum Requil
Lot Area
(in square fee -
Minimum Requi
Frontage
(in feet)
Minimum Requi:
Front Yard Setb
(in feet)
Minimum Requii
Side Yard Setba
(in feet)
Minimum Requi
Rear Yard SetbS
(in feet)
Minimum Requi
Off -Street Parkl
Spaces
Maximum Buildl
Height
(in feet)
Maximum Loll
Coverage
(as a % ofTot
lot area)
NOTE: 1) Standal
j unctio
§ 4-112 APPENDIX A -ZONING § 4-112
4-112.2 Principal Permitted Uses
In the C-1 Commercial District, no building, structure
or land shall be used and no building or structure shall
be built or altered to be used in whole or in part, un-
less otherwise specifically provided by this ordinance,
except for the following purposes
1) Flower, nursery, or garden stores
2) Food stores
3) Barber shops and beauty shops
4) Drug stores
5) Hardware stores
6) Parking lots containing spaces for not more than
thirty (30) vehicles
7) Laundry or dry cleaning establishments
8) Bakeries not exceeding 3000 square feet in floor
area
9) Repair shops for television, radio, or home ap-
pliance repair
4-112.3 Accessory Uses and Structures
Accessory uses and structures shall be permitted in the
C-1 Commercial District only in accordance with the
provisions and regulations of Article V of this ordi-
nance, entitled "Supplementary District Regulations".
4-112.4 Conditional Uses
The following Conditional Uses are permitted in the
C-1 Commercial District, but only in accordance with
the provisions of Article VI of this ordinance governing
the issuance of Conditional Use Permits :
1) Taverns or bars
2) Indoor restaurants
3) Gas stations
2547
§ 4-112 DUBUQUE. CODE § 4-112
4-112.5 Schedule of District Regulations Adopted
Additional regulations for. the C-1 Commercial District
shall be as set forth in the C-1 Schedule of District
Regulations, hereby adopted by reference and declared
to be a part of this ordinance, and in Article V of this
ordinance, entitled "Supplementary District , Regula-
tions".
2548
§ 4-113 APPENDIX A—ZONING § '4-113'
C-2 Schedule of District Reglulation,
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2553
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CAQ
§ 4-114 DUBUQUE CODE " § 4-114
Section 4-114 C-3 Arterial business commercial district
4-114.1 General Statement of Intent
The C-3 Commercial District is intended to accommo-
date two basic types of commercial use:
1) uses which are primarily designed to serve the
needs or convenience of the motoring public, and
2) miscellaneous uses which may require highway or
arterial locations for their most beneficial opera-
tion and which cannot be more appropriately lo-
cated in other commercial districts.
The uses permitted in this district often present special
problems which are different in kind and degree from
other commercial uses. In particular, unregulated
"strip" commercial development may result in serious
traffic and pedestrian circulation problems, adverse im-
pacts on surrounding residential or other uses, visual
clutter and blight, and lighting and sign problems. For
these reasons, the regulations of the C-3 Commercial
District may impose special standards of construction,
screening, functional design, and performance upon
the creation of new highway commercial facilities or
the expansion of existing highway businesses, In addi-
tion, special emphasis will be placed on traffic consid-
erations and relevant planning studies in decisions con-
cerning requests for the creation of new C-3 Commer-
cial Districts.
4-114.2 Principal Permitted Uses
1) Sales, rental, storage, repair or servicing of ve-
hicles:
2) Restaurants, drive-in eating establishments, and
bars or taverns.
3) Motels.
4) Retail furniture or appliance sales..
5) Banks,
2554
§ 4414 APPENDIX A -ZONING § 4-114
6) Retail sales of agricultural or construction sup-
plies, including but not limited to farm imple-
ments, hardware or electrical supplies, lumber, and
similar goods.
7) Fresh produce sales.
8) Package liquor sales.
9) Parking lots.
10) Moving or storage facilities.
11) Drive-in theater, miniature golf courses, driving
ranges, or go-cart tracks.
12) Outdoor camping areas.
13) Gas stations or truck stops.
4-114.3 Accessory Uses
Accessory uses and buildings are permitted in the C-3
Commercial District in accordance with the provisions
and regulations of Article V of this ordinance, entitled
"Supplementary District Regulations".
4-114.4 Conditional Uses
The following Conditional Uses are permitted in the
C-3 Commercial District, but only in conformance with
the provisions of Article VI of this ordinance governing
the issuance of Conditional Use Permits :
1) [Reserved for future use]
4-114.5 Schedule of District Regulations. Adopted
Additional regulations for the C-3 Commercial District
shall be as set forth in the C-3 Schedule of District
Regulations, hereby adopted by reference and declared
to be a part of this ordinance, and in Article V of this
ordinance, entitled "Supplementary District Regula-
tions".
2555
§ .4-114 DUBUQUE CODE § 4-114
0
O
[TOT -9 uogoas aas]
•„suonnin. au 43I4stG Axel
-uatuaiddns„ paft ua aounutp
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las sn act untjs suonnin2aa
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ca a
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rJ }�
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a)
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a
§, 4-114 APPENDIX A -ZONING § 4-115
4-114.6 Special Screening Requirements Where Yards Abut
a Residential or Office -Residential District
Wherever a yard within a C-3 District abuts a resi-
dential or office -residential district, a fence, planted
border, wall or other barrier sufficient to screen from
casual vision the C-3 District to a height of not less
than six (6) feet above ground level shall be provided,
except where the nearest residential use is located more
than fifty (50) feet from the abutting lot line.
In the case of uses existing at the effective date of
this ordinance, this requirement shall be met not later
than one (1) year after such date.
4-114.7 Special Front Yard Setback Provisions for C-3
Districts Along Lower Dodge Street
4-114.7.1 Statement of Intent
The special provisions of this section are intended
to avoid unnecessary hardship to potential develop-
ers by allowing for relaxed front yardsetback
provisions in C-3 Districts located' along lower
Dodge Street, where topographic conditions are
found to be such that compliance with the usual
setback provisions of this district may be unneces-
sarily difficult or impossible.
4-114.7.2 Application of Special Setback Regulations
For any 0-3 District which fronts on Dodge Street
within the area between Bluff Street and Hill
Street, the minimum required setback for principal
permitted uses shall be forty (40) feet.
Section 4-115 C-4 General commercial district regulations
4-115.1 General Statement of Intent
The C-4 General Commercial District is created to ac-
commodate the older commercial areas of the City
which surroundand extend outward from the C-5
Central Business. District and which generally ap-
2557
§ 4-115 DUBUQUE CODE § 4-115
proximate the boundaries of traditional downtown
Dubuque. These areas are characterized by a broad
range of largely unrelated uses, instances of physical
obsolescence or deterioration, deficient traffic and
parking patterns, and similar problems typical of com-
mercial areas developed prior to effective planning con-
trols. The regulations for this District are especially
designed to encourage the maintenance of existing uses
and the private redevelopment of new commercial uses
by permitting a wide variety of uses and liberalized
bulk, yard, and parking requirements. Because of its
limited purpose and scope, the Council declares that
the C-4 District shall have no application in undevelop-
ed or newly -developing areas of the City. The Council
further contemplates that as specific development plans
and programs are developed for the C-4 District, the
regulations and/or boundaries of the District may be
modified or refined in accordance with such plans or
programs.
4-115.2 Principal Permitted Uses
In the C-4 Commercial District, no building, structure,
or land shall be used, and no building or structure shall
be built or altered to be used in whole or in part,
except for the following purposes s
1) Professional office uses permitted in the OR -1
Office -Residential District [See Section 4-109.2 of
this ordinance].
2) Service uses, banks, and retail or wholesale sales,
but not to include department stores or uses listed
as Conditional Uses for this District [See 4-1154
of this Section].
3) Auditoriums, assembly halls, 'clubs, and places of
public assembly.
4) Parking lots,
5) Restaurants, bars, or taverns.
2558
§ 4-116 APPENDIX A -ZONING § 4-116
Section 4-116 C-5 Central business district regulations
4-116.1 General Statement of Intent
The C-5 Central Business District is created for specif-
ic application to the traditional downtown business core
of Dubuque and present Urban Renewal areas.
It is the intent of this ordinance to encourage the con-
tinued vitality and viability of the downtown areas
as the functional and symbolic center of urban activity
in Dubuque. To promote this purpose, liberal lot area,
building height, setback and off-street parking require-
ments are imposed to serve as incentives for the con-
tinued intensification of commercial use within the
District.
It is further the intent of this ordinance that the C-5
District and all zoning classification decisions relative
thereto should implement the Urban Renewal plan
(Iowa Project R-15) and related ,comprehensive plans
for the growth and redevelopment of downtown and
downtown -fringe areas.
4-116.2 Principal Permitted Uses
In the C-5 Commercial District, no building, structure,
or land shall be used, and no building or structure shall
be built or altered to be used in whole or in part, except
for the following purposes
1) Retail merchandise sales
2) Food or drug stores
3) Barber or beauty shops and personal service estab-
lishments
4) Department stores
5) _. Professional office use
6) -Photographic studios; schools offering instruction
in sports, crafts, or fine arts travel bureaus, and
similar service uses
2561
§ 4416 _DUB UQUE_ CODE § 4417
7) Eating. establishments, but .not to include drive-in
restaurants
8) Auditoriums, assembly halls,and similar places of
public assembly.
9) ' Banks or other financial institutions
10) Residential dwellings of all types
4-116.3 Accessory Uses and Structures
Accessory uses and structures shall be .permitted in the
C-5 Commercial District <onlyin accordance with the
provisions and regulations of Article V of this ordi-
nance, entitled "Supplementary District Regulations".
4-116.4 The following Conditional Uses are permitted in the
C-5 Commercial District, but only in accordance with
the provisions of Article VI of this ordinance governing
the issuance of Conditional Use Permits
1) Off-street parking lots, provided that the Board of
Adjustment finds that:
a.. the proposed lot represents a maximum feas-
ible intensity of use for the land on which it
is located; and
b. the proposed lot meets all requirements of the
Site %Plan Review Provisions [See Section
5-103
4-116.5 Additional C-5 Regulations
[reserved for future use]
Section 4-117 C-6 Planned commercial district:
4-117.1 General Statement of Intent
The C-6 Planned Commercial District is intended to
accommodate larger, nucleated shopping centers serv-
ing the urban or regional market. These centers are
typified by one or more large multiple -line retail de -
2562
§4-117
APPENDIX A—ZONING g . 4-117
partment stores associated with a number of related
supportive commercial uses, most often developed as
an integrated unit.
While it is recognized that large, integrated shopping
centers represent significant advantages in convenience
and efficiency over many traditional commercial de-
velopments, urban -regional centers by their size tend
to create quite substantial impacts upon the rest of the
community. In addition to the critical effects a large
shopping center may have upon the overall economic
welfare of commercial uses located elsewhere in the
City, such centers create a wide variety of direct and
indirect impacts upon their immediate environment
also. For this reason, proper planning analysis and
preparation is a necessary prerequisite to the estab-
lishmentof new shopping centers of this, type, and it
shall be the policy of the City that no new C-6 Districts
shall be hereaftercreated except as Planned Unit De-
velopments in conformance with the special require-
ments and provisionsof this District. Similar plan re-
view and approval shall be required for any requested
expansion of an existing C-6 District or for substantial
"on-site" expansion of uses contained therein.
4-117.2 Principal Permitted Uses
In the C-6 Commercial District, no building, structure,
or land shall be used, and no building or structure shall
be built or altered to be used in whole or in part, except
for the following purposes
1) Retail merchandise sales, except those uses listed
as principal permitted uses for the C-3 Commercial
District [See Section 4-114.2].
2) Department stores
3) Professional office use
4) Service uses
5) Eating establishments, but not including drive-in
restaurants
2563
§ .4-117 DUBUQUE CODE § 4-117
4-117.3 Accessory Uses
The following accessory uses shall be permitted in the
C-6 Commercial District:
1) All uses customarily incident to a principal per-
mitted use listed in section 4417.2, except those
uses listed as Conditional Uses for this district
[See Section 4-117.4]
4-117.4 Conditional Uses
The following uses are permitted in the C-6 Commercial
District, but only in accordance with the provisions of
Article VI of this ordinance governing the issuance of
Conditional Use Permits :
1) Any use listed as a principal permitted use in the
C-3 Commercial District [See Section 4414.2],
except those' uses specifically listed in Section
4-117.2 as Principal Permitted Uses.
4-117.5 Schedule of District. Regulations Adopted
Additional regulations .for the C-6 Commercial District
shall be as set forth in the C-6 Schedule of District
Regulations, hereby adopted by reference and declared
to be a part of this ordinance, and in Article V of this
ordinance, entitled "Supplementary District Regula-
tions",
C-6 Schedule of District Regulcttions
All Principal Permitted Uses,
Accessory Uses, or
Conditional Uses
Minimum Required Setback from
the nearest public street (in feet)
75'
Maximum Building Height
(in feet)
35'
Minimum Required Off -Street 1.0 per 2,00 square feet of
Parking Spaces gross floor area
2564
§ 4-118 APPENDIX A -ZONING § 4-118
)
As an accessory use to a medical institution, and
located entirely within a principal building, facili-
ties for the compounding, dispensing, or sale of
drugs or medicines, prosthetic devices, lotions and
preparations, dental care supplies, eyewear, band-
ages or dressings, and similar medical or health-
related supplies.
3) As an accessory use to an educational institution
and located entirely within a principal building,
bookstores, or bars seating not more than seventy-
five (75) persons at one time and located not closer
than two hundred feet (200') from the nearest
residential or office -residential district.
No Conditional Use Permit for the Conditional Uses
allowed by this Section shall be granted unless the
Board of Adjustment finds that:
1) The proposed use is reasonably necessary for the
benefit and convenience of institutional residents,
affiliates, or temporary visitors, and will be of a
size, location, and operation that significant pa-
tronage by the general public will not be en-
couraged and.
No signs or advertisement of any kind which are
visible from a public street shall be allowed.
4-118.6 Special Provisions and Procedures Governing the
Expansion of Institutional Districts and Uses
4-118.6.1 Statement of Intent
It is the intent of this Section to require proper
preliminary planning by the institution and ap-
propriate governmental review as a pre -requisite
to the expansion or creation of any ID Institutional
District. The Council finds that such preliminary
planning is necessary to insure that as existing
institutions expand in size or intensity of use, or
as new institutions are formed, the probable im-
pacts of such growth on the surrounding corn -
2569
).
§ 4-118
DUBUQUE CODE § 4-118
munity and thepublic welfare can be anticipated
and evaluated in advance.
Certain provisions and procedures of the PUD
Planned Unit Development District considered
appropriate to accomplish these goals are adopted
or referred to in this Section,, and should be read
in pari materia with the provisions of this Sec-
tion.
4418.6.2 Application and Scope
The provisions of this Section shall apply to the
following activities or developments:
1) The proposed creation through reclassification
of any new ID Institutional District or re-
quested expansion in territory of any existing
Institutional District.
Any expansion in the aggregate gross floor
area forall uses contained within an ID In-
stitutional District which would result in ag-
gregate gross floor area for such district of
more than ten percent. (10% ) above that ag-
gregate gross floor area for the district exist-
ing at the effective date of this ordinance.
4-118.6.3 Prior Preliminary Development Plan Approv-
al Required—Procedures
None of the activities listed in 4-118.6.2 of this
Section shall be permitted unless such activity is in
substantial conformance with 'a Preliminary De-
velopment Plan filed and approved not less than
two (2) months before commencement of the ac-
tivity. Such Preliminary Development Plan shall
be prepared and submitted in conformance with
all relevant requirements and procedures of Sec-
tions 4-110.7 and 4-110.8 of this ordinance, which
are hereby adopted by reference. The Commission
and Council shall act on the Preliminary Develop -
2570
§ 4-119 APPENDIX A -ZONING § 4419
4-119.3 Accessory Uses and Structures
The following Accessory Uses shall be permitted in the
L -I Light Industrial District
1) Any use customarily incident to the principal per -
nutted use in conjunction with which it is main-
tained, but not to include uses listed as principal
permitted uses for the H -I Heavy Industrial Dis-
trict in subsection (1) of Section 4-120.2 or as
Conditional Uses in Section 4-120.4.
4-119.4 Conditional Uses
The following Conditional Uses are permitted in the
L -I Light Industrial District, but only in accordance
with the provisions of Article VI of this ordinance
governing the issuance of Conditional Use Permits :
1) Restaurants, taverns or bars.
2) Truck and motor freight terminals.
3) Excavation, extraction, mining, or processing of
rock, sand, gravel, soil or other raw materials from
the earth for resale.
4) Gas stations.
4-119.5 Prohibited Uses
The following uses are expressly prohibited in the L -I
Light Industrial District, and nothing in the provi-
sions or regulations for this District shall be interpret-
ed or construed to authorize the establishment of any
such use in this District as; a principal permitted use,
accessory use, or cond-itional use t
1) Residential use, except for a watchman on custo-
dian residing on the premises.
2) Any use listed as a principal permitted use in the
H -I Heavy Industrial District, under subsection (1)
of Section 4-120.2 or as Conditional Uses do Sec-
tion 4-120.4
2577
§ 4-115
DUBUQUE CODE ' 4=120
4-119.6 Schedule of District Regulations Adopted
Additional regulations for the L -I Light Industrial
District shall be as set forth in the L -I Schedule of
District regulations, hereby adopted by reference and
declared to be a part of this ordinance, and in Article
V of this' ordinance, entitled "Supplementary District
Regulations".
4-119.6 L-I'Schhedule of District Regulations
ALL PRINCIPAL PERMITTED, ACCESSORY,
OR CONDITIONAL USES
Maximum; Building
Height. (in feet)
50'
Minimum Side Yard
Setback (in feet);
Minimum Rear Yard
Setback (in feet)
10' plus 2( per story over the first,
but only where the yard abuts a resi-
dential or office -residential district
Required off-street parking and loading
Minimum Required spaces for the L -I District shall , be as
,Off -Street Parkingset forth in Article V of this ordinance,
and Loading Spaces entitled "Supplementary District Regu-
lations". [See Section 5-104]'
Section 4-120 H -I Heavy industrial district
4-120.1 General Statement of Intent
The H -I Heavy Industrial District is intended to pro-
vide appropriate locations for those industrial uses
which by their nature tend to generate levels of smoke,
dust, noise, or odors that render them' incompatible
with virtually all other land uses. The Council finds
that the ,continued operation and development of such
quasi -nuisance uses is necessary to the economic health
and public welfare of the community, but that the
potentially harmful impacts of such uses upon sur-
rounding activities requires them to be physically iso-
lated or r "buffered" from adjacent uses that may be
adversely affected. For this reason, the H -I Heavy In -
2578
§ .5-101 APPENDIX A—ZONING § 5402
storage space may be provided for a multiple -
family dwelling, provided that a Site Plan
for such space is approved in accordance with
Section 5-103 of this ordinance.
Section 5-102 General provisions
5-1.02.1 Avekage Front Yard Setback Required in Residen-
tial Districts on Developed Street Fronts
5-102.1.1 Statement of Intent
It is the intent of this section to preserve the
visual continuity and harmony of existing, de-
veloped residential areas by , requiring that new
structures built on developed blocks provide a
front yard substantially equivalent to the average
on the block:
5-102.1.2 Average Setback Required
In any residential district (R-1, R-2, R-3, R-4,
R-5) or office -residential district (OR -1), where
a front yard greater or less than is required by
this ordinance has been maintained forexisting
structures on lots having a frontage of fifty per
cent (50%) or more of .,the total frontage of the
block, the required front yard setback for all
structures or buildings on .the block shall be not
less than five (5) feet less than, nor greater than
five (5) feet more than the average front yard
setback of all structures on the block, contrary
provisions of this ordinance notwithstanding; pro-
vided further that in no case shall these provisions
be interpreted to permit a front yard of less than
ten (10) feet, nor shall these provisions be in-
terpreted to require a front yard of greater .than
fifty (50) feet.
5-102.2 Maintenance, of Visibility on Residential Corner
Lots Required
On any corner lot located within a residential or office -
residential (OR) district, including such districts which
2589
5-102 DUBUQUE:. CODE § 5-103
are superimposed with the Planned Unit Development
designation, nothing shall be erected, placed, planted,
or allowed to grow in such a manner as to materially
impede vision between a height of two and one-half
(21/2) and ten (10) feet above the centerline grades of
the intersecting streets in the area bounded by the
street lines of such corner lots and a line joining the
points of such street lines which are fifty (50) feet
from the point of intersection.
Section 5-103 Site plan review provisions
5403.1 General Statement of Intent
The Council finds that a lack of attention to both the
characteristics of land being developed and its relation
to the surrounding physical environment has too often
resulted in functional and esthetic deficiencies in the
construction of new structures and facilities within the
City.
The Council further finds that lack of proper site
planning to avoid such deficiencies limits the oppor-
tunity to attain the optimum use and value of land and
improvements within the City, increases the cost of
providing necessary municipal services to residents,
hinders the harmonious and attractive growth and de-
velopment of the City, reduces the stability and value
of property, encourages the premature deterioration
and obsolescence of individual structures and neighbor-
hood communities, and seriously reduces the desirabili-
ty of residence, occupation, and investment within the
City.
The site planning review requirements of this Section
are designed to alleviate the deleterious effects of un-
planned site development by providing for appropriate
administrative review over those elements of site de-
velopment in which the public interest is involved.
Regulations of this section are therefore intended to
insure a high level of functional efficiency, innovation,
2590
§ 5-103
APPENDIX. A -ZONING § 5-103
Design of Rubbish,, Garbage, Storage and Burning
Areas
All outside rubbish, storage, and garbage areas
shall be permanently screened from view to a
height of at least six (6) feet and so constructed
as to prevent accidental dispersal of the material
contained therein.
5-103.6.3 Specific Development Standards
5-103.6.3.1 Parking Lot Standards
All parking lots shall conform to the following
standards :
1) Appropriate visual screening in conform-
ance with the screening standards of Sec-
tion 5-103.6.2 shall be provided on all por-
tions of the parking lot perimeter area
which are visible from any residential
district located within two hundred (200)
feet of such parking lot, except in exit or
access driveways.
2) All areas designed for vehicular use shall
be paved with either an eight inch (8")
rolled stone base and two and one-half
inch (21/2") asphaltic concrete mat, a six
inch (6") Portland cement concrete pave-
ment, or other equivalent pavement ap-
proved by the City Engineer. The paving
surface must be so designed and main-
tained as to allow prompt and effective
drainage of natural precipitation. No
water drainage across sidewalks shall be
allowed.
3) Adequate illumination of the lot shall be
provided in conformance with the stand-
ards of Section 5-103.6.2. In no case shall
illuminating devices be placed higher than
fifteen (15) feet above ground level in a
residential district.
2597
§ 5-103 DUBUQUE CODE § 5-103
4) All parking spaces shall be clearly
marked. Appropriately placed signs and/
or pavement directions shall be employed
to guide internal circulation and traffic
access and exit. No entrance or exit drive
may be closer than fifteen (15) feet from
the nearest residential district.
5) A live hardwood tree of at least two (2)
inches in diameter shall be planted and
maintained for every ten (10) parking
spaces within the lot, or any portion
thereof.
5-103.7 Appeal Procedure
The Site Plan review applicant, any aggrieved citizen,
or any two (2) members of the Planning Commission
may upon notice appeal in whole or in part any de-
termination or decision of the City Planner made with-
in the scope of this Section, including a decision to
waive Site Plan review , made pursuant to Section 1
5-103.3. Appeal is without cost and shall be made by
delivery of written notification of the appeal to the
Planning Department within the fifteen (15) days im-
mediately following the decision or determination from
which appeal is sought.
The Planning Commission shall review all appeals,
and to that end shall have all the powers and duties of
the City Planner relative to Site Plan review. The af-
firmative vote of at least four (4) Commissioners shall
be necessary to affirm, overturn, or modify the de-
cision from which appeal is sought. At the Commission
meeting, the appealing party or parties and all other
interested parties shall be presented a reasonable op-
portunity to present their views. Following the ap-
peals hearing, the Commission must take action no
later than the next regularly scheduled Commission
meeting. A failure to act within such period shall have
the effect of affirming the determination from which
appeal has been made. Decisions of the Planning and
2598
§ 5-106 APPENDIX A -ZONING § "6-14j
Section 5-106 Residential dwelling permitted in commercial
districts
Within any C-1, C-2, C-3, C-4, or C-5 District, residential
dwelling shall be permitted above the first floor of any
building, provided however, that a lot area of at least 600
square feet per dwelling unit plus 500 square feet for each
bedroom contained therein shall be required. In addition, not
less than 1.0 off-street parking spaces must be provided for
each dwelling unit.
Section 5-107 Temporary uses permitted as conditional uses
in any district
Within any district established by this ordinance, any
temporary, use may be permitted by the Board of Adjustment
as a Conditional Use, in accordance with the provisions of
Article VI of this ordinance governing the issuance of Con-
ditional Use Permits, but only provided that each of the fol-
lowing conditions are present :
1) The use is of a strictly limited and temporary duration,
which in no case may exceed six (6) months and which
shall be stated on the Conditional Use Permit ; and,
2) The use will serve a public need or will contribute to
the public convenience and welfare; and
The use bears some functional or other beneficial re-
lationship to a permitted use within the district; and
4) The use is of a nature and scale such that it will not
be likely to interfere with the appropriate use and en-
joyment of nearby properties that may be affected by
its operation (s).
ARTICLE VI. BOARD OF ADJUSTMENT: POWERS AND
DUTIES: VARIANCES: CONDITIONAL USES
Section 6-101 Establishment of board of adjustment
A Board of Adjustment is hereby established' pursuant to
Chapter 414 of the Code of Iowa 1975..The word "Board" as
used in this ordinance shall mean the Board of Adjustment.
2613
§
DUBUQUE CODE.
§ 6-103
ppection. 6-102 Membership of the board
The Board shall consist of five (5) members appointed by
the City Council.
6-102.1 Term of Office
Members of the Board shall be appointed for a term of
five years, excepting that when the Board shall first be
created, one member shall be appointed for a term of
five years, one for a term of four years, one for a term
of three years, one for a term of two years, and one
for;a term of pile year.
6-102.2 Removal
Board members may be removed for cause by the City
Council upon written charges and after a public hear-
ing.
6-102.3 Vacancies
Vacancies on the Board shall be filled for the unex-
pired term of any member whose term becomes vacant.
Section 6-103 Rules, meetings, general procedure
Meetings of the Board shall be held at the call of the chair-
man and at such other times as the Board may determine.
Such chairman, or in his absence, the acting chairman, may
administer oaths and compel the attendance of witnesses. All
meetings of the Board shall be open to the public. The Board
shall keep minutes of its proceedings, showing the vote of
each member upon each question, or if absent or failing to
vote, indicating such fact, and shall keep records of its ex-
aminations and other official actions, all of which shall be
immediately filed in the office of the Board and shall be ,a
public record. The Board may in addition adoptgeneral rules
of procedure not inconsistent with the provisions of this
Article.
6-103.1 Vote . Required
The concurringvote of three members of the . Board
shall be necessary to reverse anyorder, requirement,
2614
§ 6-106 APPENDIX A -ZONING § 6-106
Section 6-106 Conditional use 'permits: Requirements ` and
procedure
6-106.1. Authorization
The Board of. Adjustment may allow as. Conditional
Uses only those uses _ classified as Conditional Uses in
this ordinance. No. Conditional. Use shall be allowed in
a particular district unless such use is specifically per-
mitted as a Conditional. Use in the regulations for that
district, except as provided in Section 2-106.3 of this
ordinance.
6-106.2 Application for a Conditional Use Permit
Any person may file an application to use property
for one of the Conditional . Uses permitted in the . dis-
trict in which the property is located. All applications
for a Conditional Use Permit shall be made upon the
official form for such applications which shall be avail-
able without cost from the Zoning Administrator. A
sample copy of the application form is contained in the
Appendix to this ordinance. The applicant shall be re-
quired to supply all pertinent items of information con-
tained on the official application form, as ;a condition
to review of such application. Review of the application
for a Conditional Use Permit may be obtained by de-
liveringtwo (2) copies of the completed. application
form to the Zoning Administrator together with pay-
ment of the required fee as specified in Article X of
this ordinance. Upon receipt of the completed forms
and the required fee, the Zoning Administrator shall
forthwith transmit one (1) copy of the form to the
Board of Adjustment, retaining the other form as part
of his permanent records. Prior to its review, the
Board may require the applicant for a Conditional Use
Permit to supply any further information beyond that
contained in the application form where it reasonably
considers such information necessary to make the de-
terminations required by Section 6-106.4 of this Arti-
cle.
2617
§ .6-106 DUBUQUE CODE §_6-106.
6-106.3 Notice and Hearing on an Application for a Condi-
tional Use Permit
Following receipt of the completed application form
and all additional information required by the Board
from the applicant pursuant to Section 6-106.2 of this
Article, the Board shall with due •diligence hold a public
hearing to consider the application for a Conditional
Use Permit. Notice of the time and place of the public
hearing shall be published in the newspaper of general
circulation at least fifteen (15) days prior to such
hearing. At the public hearing all interested parties
shall be afforded a reasonable opportunity to appear
and express their views on the application, either in
person or by agent.
6-106.4 Standards for Granting a Conditional Use Permit
No Conditional Use Permit shall be granted unless and
until the Board determines on the basis of specific in-
formation presented at the public hearing or contained
in the application for such use that each of the follow-
ing conditions is present :
6-106.4.1 The proposed Conditional Use will comply
with all applicable regulations of this ordinance,
including lot requirements, bulk regulations, use
limitations, and all other standards or conditions
contained in the provisions authorizing such use.
6-106.4.2 Adequate utility, drainage and other neces-
sary facilities or improvements have been or will
be provided.
6-106.4.3 Adequate access roads or entrance and exit
drives will be provided and will be designed so as
to prevent traffic hazards and to minimize traffic
conflicts and congestion in public streets and
alleys.
6-106.4.4 All necessary permits and licensesrequired
for the operation of the Conditional Use have been
obtained, or it clearly appears that such permits
2618
§ 6-106 APPENDIX A -ZONING § 6-107
6-106.6 Decision and Records
The Board shall render a written decision on an appli-
cation for a Conditional Use Permit within sixty (60)
days after the close of the public hearing. The decision
of the Board shall contain specific findings of fact
supporting the granting or denial of the Conditional
Use Permit and shall clearly set forth any conditions
or restrictions imposed pursuant to Section 6-106.5.
The Board shall maintain complete records of all ac-
tions with respect to applications for Conditional Use
Permits and shall notify the City Council of the Board's
decision on each application.
6-106.7 Period of Validity
No Conditional. Use Permit granted by the Board shall
be valid for a period longer than six (6) months from
the date on which the Board grants the Permit, unless
within such six (6) month period.
6-106.7.1 A building permit is obtained and the erec-
tion or alteration of a structure is started, or
6-106.7.2 An occupancy permit is obtained, if required,
and the use is commenced.
The Board may grant a maximum of two (2) extensions
not exceeding six (6) months each, upon written appli-
cation, without notice of hearing.
Section 6-107 Variances: procedure and standards governing
the grant of a variance
6-107.1 Authorization --Use Variance Prohibited
The Board of Adjustment may grant a variance from
the literal enforcement of the provisions of this ordi-
nance, but only upon the terms and conditions con-
tained in this Section. However, under no circum-
stances shall the Board grant a variance which allows
a use which, under the terms of this ordinance, is ex-
pressly or implicitly prohibited in the district in-
volved.
:2621
§6-107 DUBUQUE CODE § 6-107
6-107.2 Application for a Variance
Any person owning property may apply for a variance
from the literal enforcement of theprovisionsof this
ordinance for the property or structure involved. All
applications for a variance shall be made on the official
`form for such applications which shall be available
without cost from the Zoning Administrator. A"sample
copy of the application form is contained in the Ap-
pendix to this ordinance. The : applicant shall be re-
quired to supply all pertinent items of information
containedonthe official application form, as a condi-
tion to review of such application. Review of the appli-
cation for a variance may be obtained by delivering
two (2) copies of the completed application form to the
Zoning;' Administrator, together with paymentof the
required fee as specified in Article X of this. ordinance.
Upon receipt of the completed forms andthe required
fee, the Zoning. Administrator shall forthwith transmit
one (1) completed form to the Board of Adjustment,
retaining .the other form as part of his permanent
records. Prior to its review, the Board may require
the applicant for a variance to supply any further in-
formation beyond that contained in the application
form where it reasonably considers such information
necessary to make the determinations required by
Section 6-107.4 of this Article.
6-107.3 Notice and Hearing on Application for Variance
Following receipt of =a completed application for a
variance, and any additional information required by
the Board pursuant to Section 6407.2, a public hearing
shall be held with due .diligence. by the Board to con-
sider such .application. Notice of the time and place of
the public hearing shall .be published in a newspaper of
general circulationat least fifteen (15) days prior to
such hearing. At the public hearing all interested par-
ties shall be afforded a reasonable opportunity to ap-
pear and express their views on the application, either
in person or by agent.
2622
§ 6407 APPENDIX A -ZONING § 6-107
6-107.4.': Standards for Granting a Variance
No variance from the provisions of this ordinance
shall be granted unless and until the Board determines
on the basis of specific information presented at the
public hearing or contained in the application for such
variance that each of the following conditions is pres-
ent:
6-107.4.1 Literal enforcement of the provisions of this
ordinance would inflict substantial and unneces-
sary hardship upon the applicant.
6-107.4.2 Such condition of hardship arises from
unique or special characteristics of the property in-
volved, and was not brought about by the appli-
cant himself.
6-107.4.3 Literal enforcement of the provisions of this
ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same
district.
6-107.4.4. The variance requested is the . minimum va
riance that would allow a reasonable use of the.
land or structure involved.
6-107.4.5 Granting the requested variance will not con-
fer upon the applicant a special privilege or right
that is denied by this ordinance to other land or
structures in the same district.
6-107.4.6 Granting the variance will be in harmony
with the general purpose and intent of this ordi-
nance and will not be injurious to the surrounding
area or detrimental to the public welfare.
6-107,5 Conditions and Restrictions Attached to the Grant-
ing of a Variance
In granting a variance, the Board may impose any
conditions or restrictions it reasonably considers neces-
sary to insure full compliance with the standards of
6-107.4 of this Section, to reduce or eliminate any detri-
2623
§ 6-107 DUBUQUE CODE § 7-101
mental effect of the proposed variance upon the neigh-
borhood or the public welfare, or to carry out the
general purposes and intent of this ordinance. Violation
of such conditions and restrictions, when made a part
of the terms under which a variance is granted, shall
be deemed a violation of this ordinance.
6-107.6 Decision and Records
The Board shall render a written decision on an appli-
cation for a variance within sixty (60) days after the
close of the public hearing. The decision of the Board
shall contain specific findings of fact supporting the
granting or denial of the variance and shall clearly
set forth any conditions or restrictions imposed pur-
suant to 6-107.5 of this Section. The Board shall main-
tain complete records of all action with respect to ap-
plications for a variance.
Section 6-108 Appeals from board of adjustment decisions
Appeals from any action or decision of the Board of Ad-
justment shall be made in the manner provided by Chapter
414 of the Code of Iowa, 1975, or any other applicable pro-
visions of Iowa law.
ARTICLE VII. ADMINISTRATION AND ENFORCEMENT;
REQUIRED PERMITS AND CERTIFICATES
Section 7-101 General statement of intent
The Council finds that fair and efficient administration
and enforcement of this ordinance is necessary to effectuate
the comprehensive plan for the City and to preserve public
confidence therein. The Council therefore intends that the
powers of enforcement granted under this Article should be
liberally interpreted so as to protect both the letter and spirit
of this ordinance.
It is further the intent of Council to promote uniform and
impartial application of zoning provisions and a proper bal-
ance of legislative, judicial, and administrative functions by
2624
§ 8-102
APPENDIX A -ZONING 1 `8-103
Following the public hearing, the Council shall adopt or
reject the proposed amendment. In those cases where
the Commission has recommended disapproval of the
amendment, the affirmative vote of at least three-
fourths (34) of the City Council shall be required to
enact the amendment.
Section 8-103 Reclassification procedure
8403.1 General Statement of Intent
The Council finds that the reclassification of property
is a sensitive and important legislative function which,
in the interests of maintaining uniform zoning policies
and the integrity of the comprehensive plan, should
only be exercised sparingly and under proper condi-
tions. For this reason, and because the original zoning
district boundaries under this ordinance are presumed
to be correct and appropriate, it shall hereafter be the
policy of the City. Council to reclassify property only
where a clear showing has been made that the original
classification was a mistake or that circumstances and
conditions affecting the property in question have so
materially changed so as to demand reclassification in
the public interest.
The reclassification procedures outlined herein should
not be confused with, or used in place of, the ordinance
amendment process or the variance process. Thus, the
Council intends that reclassification of property should
not be entertained where 1) an alleged hardship pe-
culiar to the property is claimed, which is more proper-
ly the subject of a variance request, or 2) it is al-
leged that the ordinance provisions themselves as ap-
plied to similar properties are unreasonable, which is
more properly the subject of an amendment proposal.
In all cases, the burden shall be upon the person(s)
seeking reclassification to demonstrate that the re-
quested classification is more appropriate than the
present classification, in light of the characteristics
of the property and the public welfare.
2631
§ 8-10.3 DUBUQUECODE § 8 100
Furthermore, it is contemplated under this ordinance
that the Planning Commission is, in the first instance,
the body responsible for the formulation and continuing
review of the comprehensive plan for the City, as ex-
pressed herein, and that the Commission shall be
charged with the duty of periodically reviewing the
policies and provisions of this ordinance in light of its
purposes and changing conditions, and proposing on its
own initiative such district reclassifications or ordir
nance amendments as may be deemed appropriate to
secure the public welfare.
8.103.2 Reclassification Procedures .and Policies
Application for Reclassification: Any person may re-
quest a reclassification of property to another district,
regardless of such person's interest or lack of interest
in the property, by submitting two (2) copies of a
completed "Request for Zoning Reclassification" form,
together with the fee specified in Article X of this
ordinance, to the Planning Department. The Planning
Commission shall consider the request with due dili-
gence at its regularly scheduled meeting. Whenever the
reclassification is determined by the Commission to be
substantial in nature, the Commission shall set a public
hearing date for such request as provided in Section
8-104. Where the reclassification request is not deemed
substantial in nature, the Commission may in its dis-
cretion, but shall not be required to, hold a public
hearing thereon.
For purposes of this ordinance, the following shall be
considered substantial reclassification requests :
1) Any request which would result in the expansion
in area of an existing zoning district by more than
twenty percent (20%) ; or
2) Any request which would result in the creation of
a new district which would not be contiguous to
any other similarly -classified property; or
2632
§ 8-103 APPENDIX A -ZONING § 8-103
3) Any request involving the reclassification of more
than two (2) acres of property; or
4) Any request for a Planned Unit Development Dis-
trict designation, as provided in Section 4-110.
Commission Action: Following the public hearing, or if
no hearing is held, then at any time following receipt
of the reclassification request, the Commission may act
to recommend approval or disapproval of the request.
The affirmative vote of at least five (5) Commission
members shall be required to constitute approval of
the request, and any lesser number of affirmative votes
shall constitute a disapproval of the request. In addi-
tion, a failure of the Commission to act within sixty
(60) days following receipt of the request shall consti-
tute Commission appr""oval thereof. The Commission's
recommendation shall forthwith be transmitted to
Council for its action.
Council Action: Following receipt of the Commission's
recommendation or expiration of the sixty (60) day
limit for Commission action, the Council shall act to
hold its own public hearing on the requested reclassifi-
cation, at which all interested parties shall have an op-
portunity to be heard. At least fifteen (15) days notice
of the time and place of such hearing shall be published
in a newspaper of general circulation in the City.
Following the public hearing, the Council shall act to
adopt or reject the reclassification request. In those
cases where the Commission has recommended disap-
proval of the reclassification, the affirmative vote of at
least three-fourths (3/4) of the Council shall be re-
quired to enact the reclassification.
Furthermore, in case of a protest against the reclassifi-
cation request signed by the owners of twenty percent
(20%) of more either of the area of the lots included
in such request, or of those immediately adjacent in
the rear thereof extending' the depth of one lot or not
to exceed two hundred feet (200') therefrom or of those
2633
§ 8-103 DUBUQUE CODE § 8404
directly opposite thereto, extending the depth of one
lot or not to exceed two hundred feet (200') from the
street frontage of such opposite lots, such request shall
not be enacted except by the favorable vote of at least
three-fourths (3/4) of the Council.
Section 8-104 Hearing and notice procedures; reclassification
postings
8-104.1 Notice of Commission Hearings
In the case of all public hearings to be held by the
Planning Commission, notice of the time and place of
such hearing shall be published in a newspaper of gen-
eral circulation in the City at least ten (10) days, but
not more than twenty (20) days prior to the date of the
hearing.
8-104.2 Conduct of Council or Commission Hearings
At all public hearings held by the Planning Commis-
sion or City Council, all interested persons shall have
an opportunity to express their opinions on the subject
matter at hand, either in person or by agent, subject in
all cases to reasonable rules of procedure.
8-104.3 Posting Requirement for Reclassification Requests
it is the intent of this ordinance that all property for
which a reclassification is requested shall be posted
with notice to that effect prior to the first public hear-
ing at which the reclassification request will be con-
sidered. For purposes of this Section, proper posting
shall consist of the prominent placement of one or more
signs on the subject property stating the nature of the
reclassification request and the time and place of the
public hearing at which such request will first be con-
sidered. The Commission shall be responsible for such
posting where it has acted to set a public hearing on the
request. Where no Commission hearing is held, the
Council shall cause the posting to be done. In either
case, such posting shall be made not less than ten (10)
2634
§ 10-101 APPENDIX A—ZONING
FUNCTION
4. Planned Unit Development
Procedures (including re-
quested expansions of C-6
or ID Districts subject to
PUD procedures)
a. Preliminary Develop-
ment Review
b. Final Development
Plan Review
5. Requests for Reclassifica-
tion of Property :
a. Requests to reclassify
property located in the
AG Agricultural Dis-
trict
b. Any reclassification re-
quest made by a disin-
terested Commission or
Council member to cor-
rect:an alleged error or
mistake
c. All other substantial re-
classification requests
as , defined in Section
8-103
,d. All other reclassifica-
tion requests not _cov-
ered in a, b, or c above.
6. Application for Variance
7. Appeals to the Board of
Adjustment from the de-
sion of an administrative
official
8. Application for Condition-
al Use Permit
§ 10402
FEE
$50.00 plus $10.00 for each
acre or portion thereof, not to
exceed $100.00
No fee
No fee
No fee
$50.00 plus $10.00 for each
acre or portion thereof, not to
exceed $100.00
$25.00 plus direct costs in-
curred in hearing and notice
requirements
$25.00
No fee
$25.00
Section 10-102 Collection of fees
Except as otherwise specifically provided herein, the Zoning
Administrator shall collect and maintain all fees .required
2637
10-102 DUBUQUECODE Art. XI
under this ordinance, and shall keep a separate account of
the same which shall be expended as Council directs to defray
the costs of administration and enforcement of this ordi-
nance.
ARTICLE XL DEFINITIONS
The following definitions of words or phrases shall be used
in the interpretation and construction of this ordinance, un-
less the context clearly requires otherwise :
Accessory — incidental and subordinate to another use or
structure on the same lot.
Accessory use or structure — a use or structure which is
permitted on the same lot with, and is of a nature Gusto.
marily incidental and subordinate to, a principal use or struc-
ture.
Arterial street — a public street classified as an arterial
street on the most recent Functional Street Classification Map
in the City Engineer's Office.
Building — any structure whether temporary or permanent,
designed, built, or used as a shelter or roofed enclosure for
persons, animals or property, and entirely separated on all
sides from any other structure. This definition shall be con-
strued broadly and shall include tents, trailers, vehicles, awn-
ings or any other structures used as a building.
Building height — the vertical distance from the mean ele-
vation of the finished lot grade at the front of a building to
the highest point of the under side of the ceiling beams, in
the case of a flat roof ; to the deck line of a mansard roof ;
and to the mean level of the under side of the rafters between
the eaves and the ridge of a gable, hip or gambrel roof.
Boarding house — any building or portion thereof, con-
taining a single dwelling unit, wherein meals or lodging, or
both, are provided for direct or indirect compensation to not
less than three (3) and not more than ten (10) unrelated
persons.
2638
Art. XI
APPENDIX A—ZONING Art. XI
Yard a required open space other than a court which is
unoccupied and unobstructed by any structure or portion
thereof from the natural ground level to the sky, except as
otherwise provided in Section 3-105 of this ordinance.
Yard, front — a yard extending between side lot lines
across the front of a lot adjoining a public street. In the case
of through .lots, front yards shall be required on all frontages
of the lot. The depth of required front yards shall be meas-
ured at right angles to a straight line joining the foremost
points of the side lot lines. The foremost point of the side lot
line, in the case of rounded property corners at street inter-
sections, shall be assumed to be the point at which the side
and front lot lines would have met without such rounding.
Front and rear front yard lines shall .be parallel.
Yard, rear — a yard extending across the rear of the lot
between inner side yard lines. In the case of through lots and
corner lots, there will be no rear yards, but only front . and
side yards. Depth of a required rear yard shall be measured
in such a manner that the yard established is a strip of the
minimum width required by district regulations with its inner
edge parallel with the rear lot line.,
Yard, side — a yard extending from the rear line of the
required front yard to the rear lot line, or in the absence of
any clearly defined rear lot line to the point on the lot
farthest from the intersection of the lot involved with the
public street. In the case of through lots, side yards shall ex-
tend from the rear lines of front yards required. In the case
of corner lots, yards remaining after full- and half -depth front
yards have been established shall be considered side yards.
Width of a required side yard shall be measured in such a
manner that the yard established is a strip of the minimum
width required by district regulations with its inner edge
parallel with the side lot line.
Yard, special — a yard behind any required yard adjacent
to a public street, required to perform the same functions as
a side or rear yard, but adjacent to a lot line so placed or
oriented that neither the term "side yard" nor the term "rear
2649
Art. XI
DUBUQUE CODE § 12-102
yard" clearly applies. In such cases, the Zoning Administrator
shall require a yard with minimum dimensions as generally
required for a side yard or a rear yard in the district, de-
termining which shall apply by the relation of the portion of
the lot on which the yard is to be located to the adjoining
lot or lots, with due regard to the orientation and location
of structures and buildable areas thereon.
ARTICLE XII. ADOPTION AND REPEAL OF
CONFLICTING ORDINANCES
Section 12-101 Effective date of ordinance provisions
This ordinance shall be in force and effect ten (10) days
from and after its final passage, adoption, and publication as
provided by law, •except the provisions of Section 5-101.4 of
this ordinance regulating the parking and storage of vehicles
within residential districts, which provisions shall be in force
and effect beginning on July 1, 1976.
Section 12-102 Repeal of conflicting ordinances
Upon the effective date and publication of this ordinance,
Ordinance No. 3-34 and all amendments thereto shall be, and
the same hereby are repealed. However, in the event that this
ordinance shall fail to become effective for any reason what-
soever, Ordinance No. 3-34 and all amendments thereto shall
remain in full force and effect.
Passed, adopted and approved this 4th day of August 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Donald R. Myers
Councilmen
Attest: Leo F. Frommelt
City Clerk
2650
[The next page is 2951]
CODE COMPARATIVE TABLE
Section
Ord. No. Date Section this Cide
26-74 445-74 1 27-62
29-74 4-22-74 1 38-18,38-22
37-74 5-210-74 1 26-140
44-74 7- 1-74 1 25-29
50-74 842-74 1 25-88
52-74 9- 3-74 1 27-62
63-74 10-28-74 1 25-59, 25-60
25-613215-615
73-74 12-16-74 1 25-304, 25-807
2=75 1-13-75 1 29-1 •
2 29-2
• 3-75 ' 1-20-76 1 10-1
3-21, 23 10-2
4-75 1-20-75 1 144
5-75 1-20-'75 1, 2 10-3
• 6-75 1-20-75 1 3-34
2 3-35, 3-37
3 3-38, 3-39
4 3-4'0
5 3-36
6 3-42,3-43,
3-64-3-66
7 3-41
8 340-3=56
9 3-57
10 3-67,3-68
11 3-69
7-75 2-10-75 1-3 10-5
15-76 19-76 1 14-9
17-75 6- 9-75 3 2-1
4 2-2
5 2-20
6 2-81
18-75 6- 9-75 1 6-128-6-131
19-75 6- 9-75 :1 36-72
3 36.73
4 36-75
5 36-74, 36-76
36-77
6, 7 36-78
8 36-79
10 36-80
1)1 36-81
20-75 -. - &16-75 2 4-25
2971
DUBUQUE CODE
Section
Ord. No. Date Section this Cide
3 4-22
4 4-26
5 4-24
6 4-27
7 4-23
21-75 6-.16-75 1 22-1-23-3
30-75 7-21-75 1 25-260
31-75 7-21-75 1 10-33
2 10-34,10-36
10-37, 10-38
3 10-35
32-75 8- 4-75 1-101— App. A, §§ 1.101
12-102 —12-102
34-75 8-11-75 1 2'.1-87
36-75 8-18-75 1 36-81
55-76 11- 1-76 Adopting Ordinance,
p. ix
[The next page is 3001]
2972
CODE INDEX
BUILDINGS—Cont'd.
Repair, demolition and removal of unsafe buildings
Code amendment relative to unsafe buildings
Council authority to direct manager to remove and
assess costs against premises
Manager's report upon owner's failure to comply
with notice
Manager' right of entry
Notice of hearing on manager's report
Notice to owner to repair or remove
Rezoning consideration
Permit issued during prohibited
Roof loads
Roof signs
Signs. See: Advertising
Sign regulations
Advertising. See that title
Standby power and light
High rise buildings
Subdivision restrictions
Swimming pools
Swimming pools. See that title
Unfit dwellings
Housing. See that title
Unsafe buildings
Repair, demolition and removal of unsafe buildings.
See hereinabove that subject
Violations and penalties
Code amendments
Water closet compartments and showers
Amendments
Toilet facilities
Zoning
Permit issuance during rezoning consideration
BURNING
Garbage and trash
BUSES
Smoking in
Transit authority
Transit authority. See that title
BUSINESS ESTABLISHMENTS
Occupational license requirements in general
Licenses and permits. See that title
3017 •
Section
10-2 (20'3 )
10-20
10-18
10-21
10-19
10-17
10-4
10-2'(21305)
3-55
3-50 et seq.
10-2'(1807) (i)
34-18
10-33 et seq.
20-172
10-2 ('205)
10-2'(1711)
10-2(1711)
10-4
1,7-1
14-9
36-72 et seq.
24-1 et seq.
DUBUQUECODE
C
CALLINGS Section
Occupational license requirements in general 24-1 et seq.
Licenses and permits. See that title
CANVASSERS
Peddlers' regulations 284 et seq.
Peddlers, canvassers and solicitors. See that title
CARNIVALS. See: Circuses, Carnivals and Menageries
CATS
Public parks, in 27-39
Parks and recreation. See that title
Rabies control regulations applicable to 7-45 et seq.
Dogs, etc., in general. See: Animals and Fowl'
CELLAR DOORS
Opening on streets 33-4(5)
CELLARS AND BASEMENTS
Housing standards 20-104
Housing. See that title
CENTRAL MARKET
Food sale restrictions 24-33 et seq.
Merchandise sales restricted 24-32 et seq.
Stall use permits
Fees ..._; 2'4-29
Issuance 24-28
Required 24-27
Revocation 24-30
Stalls, establishment 24-26
Streets and sidewalks
Food sales restricted 24;33, 24-34
Manager to keep open and free for travel 24-31
Unfit food, confiscation ____.._ 24-34
CHEMICAL WARFARE
Emergency succession in office 2-199 et seq.
Emergency succession. See that title
CHIMES, BELLS, ETC.
Noise, creating 26-143(g)
CHRISTMAS TREE MERCHANTS
Defined 2.4-1
Miscellaneous business licenses 24-3(1)
CHURCHES
Prohibited noise, noise regulations, etc. - 26-139 et seq.
Noises. See that title
3018
CODE INDEX
DEFACEMENT Section
Damaging, defacing property 26-15
DEFENSE. See: Civil Defense
DEFINITIONS
General definitions for interpreting code 1-2
DELEGATION OF AUTHORITY
Construed for interpreting code 1-2
DEMOLITION
Condemned buildings, housing authority 20-26
Housing. See that title
Permits, waiting period for 10-5
Unsafe buildings. See: Buildings
DEPARTMENTS AND OTHER AGENCIES OF CITY
Airport commission 4-22 et seq.
Airports and aircraft. See that title
Airport zoning commission 4-47 et seq.
Airports and aircraft. See that title
Board of adjustment
Airport zoning, for .. 4-74 et seq.
Airports and aircraft. See that title
Civil service commission 2-178 et seq.
Civil service commission. See that title
Clerk to direct papers to appropriate committees, etc. 2-50
Council meetings and procedures. See: City Council
Department of public docks 26-131
Municipal waterfront and docks. See that title
Division of plumbing inspections 30-24
Plumbing. See that title
Dock board 26-132.
Municipal waterfront and docks. See that title
Electrical appeals board 13-47 et seq.
Electricity. See that title
Electrical examining board 13-103 et seq.
Electricity. See that title
Emergency location for city government 2-5
Fire department 14-25 et seq.
Fire department. See that title
Human rights commission 21-16 et seq.
Human rights commission. See that title
Library board of trustees 23-1 et seq.
Library. See that title,
Officials, boards, commissions, etc., construed 1-2
Playground and recreation commission 27-16 et seq.
Parks and recreation. See that title
3027
DUBUQUECODE
DEPARTMENTS AND OTHER AGENCIES OF CITY—
Cont'd. Section
Plumbing board 30-36 et seq.
Plumbing. See that title
Police department in general 31-1 et seq
Police department. See that title
References to officials, etc., by title in code construed 1-2
Transit authority 36-72 et seq
Transit authority. See that title
DEVELOPMENT
Planning and development 29-1 et seq.
Planning and development. See that title
Planning and zoning commission 29-16 et seq.
Planning and zoning commission. See that title
DILAPIDATED BUILDINGS
Demolition permits 10-5
Buildings. See that title
DIRK KNIFE
Concealed weapons 27-12
Firearms and weapons. See that title
DISASTERS
Civil defense, providing for 11-1 et seq.
Civil defense. See that title
Emergency location for city government 2-51
Emergency succession in office 2-19'9 et seq.
Emergency succession. See that title
DISCRIMINATION
Human relations provisions 21-1 et seq.
DISEASE CONTROL
Rabies control regulations 7-45 et seq.
DISORDERLY ASSEMBLIES
Assembling for purpose of rioting 26-30
Assemblies. See that title
DISORDERLY CONDUCT'
Council meetings, at 2-52
Dance hall premises, conduct of patrons 6-99
Public dances and dance halls. See that title
Noise restrictions 26-143 (f )
Noises. See that title
Public parks, in 27-35
DISORDERLY HOUSES, ETC.
Prostitution, etc. 26-8
3028
CODE INDEX
FORM OF GOVERNMENT Section
Designated 2-1
FORTUNETELLERS, ETC.
Licenses
Applications 24-47
Fees 24-48
Required 24-46
FOWL. See: Animals and Fowl
FRANCHISES
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and
the adopting ordinance of this code
GAMBLING
Generally 26-69
Houses, keeping 26-71
Seizure and destruction of devices 26-72
Slot machines 26-70
GARBAGE AND TRASH
Burning restricted 17-1
Charges
Amounts, expenditures 17-22
Billing and collecting 17-23
City approval of dumping areas 17-30
City manager
General authority 17-17
City's right to refuse service 17-21
Collection 17-16 et seq.
Charges. See within this title that subject
Frequency, time, areas 17-18
Pickup frequency 17-18
Residential premises 17-19
Containers
Limitation on quantity from residential premises 17-26
Placement 17-25
Specifications 17-24
Wrapping requirements for certain refuse 17-27
Definitions 17-16
Disposal definitions 17-54
Disposal 17-54 et seq.
Hazardous materials 17-31
Housing standards regarding rubbish storage, etc. 20-73
Housing. See that title
Incinerators restricted 17-2
3039
DUBUQUECODE
GARBAGE AND TRASH—Cont'd. Section
Landfill sites
City approval of dumping areas 17-30
Disposal at other than 17-55
Disposal to be in compliance with instructions 17-56
Private landfill sites 17-75 et seq.
Public landfill sites 17-63 et seq.
Unlawful deposits on other property 17-32
New commercial service
Application, rates 17-20
Pickup frequency. See within this title: Collection
Private collector's license
Application 17-40
Display of number 17-42
Fees 17-40
Issuance 17-41
Required 17-39
Private landfill sites
Correction of objectionable conditions by city, when 17-79
Landfill sites. See within this title that subject
Licenses
Application 17-76
Fees 17-77
Issuance 17-78
Required 17-75
Use charges prohibited, exceptions 17-80
Prohibited noise, noise regulations, etc. 26-139 et seq.
Noises. See that title
Public landfill sites
Areas 17-64
City manager's authority 17-63
Exclusion of certain materials 17-67
Fees 17-68
Hours of operation 17-66
Landfill sites. See within this title that subject
Operation in safe, sanitary condition 17-65
Rat control provisions 24-86
Residential premises
Collection from mandatory 17-19
Limitations on quantity from 17-26
Unlawful accumulations 17-28
Unlawful deposits on other property 17-32
Vehicles hauling refuse
Requirements for 17-29
Waterfront, unlawful deposits in waterways 26-120
Municipal waterfronts and docks. See that title
Wrapping requirements for certain refuse 17-27
3040
CODE INDEX
PUBLIC ASSEMBLIES. See: Assemblies Section
PUBLIC DANCES AND DANCE HALLS
Admission fee policy 6-101
Cleanliness of premises 6-99
Closing hours 6-100
Conduct of patrons 6-99
Definitions 6-90
Exemptions 6-102
Floor space, computing 6-93
Licenses
Annual license fees 6-92
Disposition of fees 6-96
License year 6-95
Posting 6-97
Required 6-91
Pass -out or return checks prohibited 6-101
Passageways, obstructing 6-99
Patrons allowed to participate in all dances for one
ticket 6-101
Police officer required to be employed, etc. 6-96
Supervisory and enforcement authority 6-98
Special permits
Fees, disposition of fees, etc. 6-94 et seq.
Persons giving occasional dances 6-94
Vacation of premises 6.-99
PUBLIC INDECENCY. See: Indecency and Obscenity
PUBLIC LIBRARIES. See: Library
PUBLIC LODGING HOUSES
Smoking in 14-9
PUBLIC PLACES, PUBLIC WAYS
Street defined to include 1-2
Streets in general. See: Streets and Sidewalks
PUBLIC RECORDS
Books and records open to inspection by public 2-72
Officers to transfer to successors 2-74
Publication, custodian, etc.
Duties of clerk 2-1117et seq.
Receipts, records, etc. 2-161
City clerk. See that title
Record of opinions and actions of city solicitor 2-145
PUBLIC THEATERS
Smoking In 14-9
3073
DUBUQUE CODE
PUBLIC WORKS ACCOUNT CLERK Section
Emergency succession in office 2-199 et seq.
Emergency succession. See that title
PUBLIC WORKS AND IMPROVEMENTS
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and
the adopting ordinance of this code
Planning and zoning commission powers 29-20
Planning and zoning commission. See that title
Special districts
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and
the adopting ordinance of this code
Subdivision standards and specifications 34-57 et seq.
PURCHASING
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and
the adopting ordinance of this code
R
RADIOLOGICAL WARFARE
Civil defense, providing for 11-1 et seq.
Civil defense. See that title
Emergency succession in office 2-199 et seq.
Emergency succession. See that title
RAILROADS AND TRAINS
(Note—In conjunction with the subjects listed herein,
see also: Traffic)
Crossings
Blocking 32-1
Flagman required, when 32-5
Crossings, rights-of-way
Maintenance 32-4
Flagman required at crossings, when 32-51
Parking near certain streets 32-7
Speed restrictions 32-2
Team track
Use of certain track as team track 32-6
Transit authority 36-72 et seq.
Transit authority. See that title
Unlawful deposits, etc. 32-3
RAT CONTROL
Animal food storage restricted 24-85
Construction restricted 24-84
3074
CODE INDEX
TAXATION—Cont'd. Section
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and
the adopting ordinance of this code
TAXICABS
Generally 38-16 et seq.
Vehicles for hire (taxicabs). See that title
TENEMENTS
Definitions for interpreting code 1-2
TENSE
Word usage for interpreting code 1-2
TENT SHOWS
Open air shows 6-75 et seq.
Open air shows. See that title
THEATERS AND HALLS '
Compliance with state and city regulations 6-131
Exemptions 6-132
Licenses
Fees 6-129
Proration 6-130
Required 6-128
Open air shows 6-75 et seq.
Open air shows. See that title
Smoking in 14-9
THROUGH STREETS
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and
the adopting ordinance of this code
THROWING STONES, ETC.
Parks, in 27-43
Parks and recreation. See that title
TIME
Computing time for interpreting code 1-2
TOBOGGANING
Coasting areas 3341 et seq.
TORNADOES, ETC.
Emergency location for city government 2-5
TOY PISTOLS
Sale and use of 26-14
Firearms and weapons. See that title
3087
DUBUQUECODE
TRADES Section
Occupational license requirement in general 24-1 et seq.
Licenses and permits. See that title
TRAFFIC
Accidents
Cleaning up wrecks 25-156
Damage to vehicles only, duty re 25-44
Fixtures on highway
Duty of driver upon striking — 25-47
Information and aid
Duty of driver to give 25-45
Unattended vehicle
Duty upon striking 25-46
Written deports 25-43
Administration ____________ 25-16 et seq.
Advertising vehicles
Operation 25489
Parking 25-268
Alley
Defined 25-2
Parking restrictions. See within this title: Parking,
Stopping and Standing
Ambulances. See also that title
Authorized emergency vehicles. See within this title
that subject
Angle parking. See within this title: Parking, Stopping
and Standing
Animals or animal -drawn vehicles
Applicability 25-3
Control of vehicle in vicinity 25-221
Traffic defined in reference to 25-2
Applicability 25-3
Arrests. See hereinbelow: Violations
Arterial streets
Snow removal operations. See within this title that
subject
Authorized emergency vehicles
Bicycles following fire apparatus 9-4
Defined 25-2
Operation of other vehicles, etc., on approach of __ 2.5-214
Privileges, rights, duties, etc. 25-167
Backing vehicles
Backing for purposes of parking in business districts 25-266
On highway 25-176
Bicycles 9-1 et seq.
Applicability 25-3
3088
CODE INDEX
w
WALKING ON GRASS Section
Public parks, in 27-42
Parks and recreation. See that title
WALL SIGNS AND BULLETINS
Construction 3-51 et seq.
WAR ACTIVITY
Civil defense, providing for 11-1 et seq.
Civil defense. See that title
WARDS
Abolished ____ 12-17
Precincts. See: Elections
WATER AND SEWERS
Permits
Private disposal systems. See within this title:
Sewers and Sewage Disposal
Rates
Sewer system. See within this title: Sewers and Sew-
age Disposal
Water supply and distribution. See within this title
that subject
Septic tanks
Private disposal systems. See within this title: Sew-
ers and Sewage Disposal
Sewer districts
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and
the adopting ordinance of this code
Sewers and sewage disposal
Air conditioning system, water discharging 36-32
City manager, duties 86-21
City manager's right -of -access 36-33
Collection points 36-36
Connections
City's authority to require 36-16
Collection of costs of city 36-19
Notice to owners 36-'17
Performance of work by city 36-19
When completion required 36-1.8
Construction, maintenance and operation costs 36-22'
Definitions re disposal 36-29
Deposits to comply with provisions 36-30
Disposal restrictions 36-29 et seq.
Definitions re 36-29
3111
DUBUQUE CODE
WATER AND SEWERS-Cont'd. Section
Enforcement, authority 36-33
Financing 36-22
Installation restrictions 36-20
Officers and departments, duties 36-21
Private disposal systems
Plumbing regulations, conformity 36-46
Prohibited discharges
Air conditioning system, water ___ 36-32
Generally 36-31
Private disposal systems
Permits
Application 36-44
Issuance 36-45
Required 36-43
Rates
Areas not served by public systems 36-57'
Costs of collection and accounting 36-60
Definitions 36-54
Established 36-56
Lien for failure to pay 36-59
Private facilities, disposal of wastes from 36-58
Purpose 36-55
Septic tanks. See within this subtitle: Private Dis-
posal Systems . .
Slaughterhouses and meat -packing plants 16-51
Special agreements with industrial concerns 36-34
Superintendent, duties 36-21
Testing standards 36-35
Water department, duties 36-21
Slaughterhouses and meat packing plants 16-51
Water supply and distribution
Abandoned service pipes 36-95
Accounts, closing 36400
Backfillingapproval re,' uired before 36-124
q
Breaks in lines, responsibility 36-94
City lines not connected to private systems 36-.137
City's right to shut off service 36-96
Closing of accounts 36-100
Connections
Alterations to services 36-125
Applicationfor service 36-113
Approval before backfilling 36-124
City or duly licensed plumbers only
City to make taps, when
City's authority to make after notice
to make
3112
36-121
36-120
36-116