1 Supplement No. 05 - Code of Ordinances - March 1980TABLE 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
Div. 7. Director of Public Works 78
Art. IV. Civil Service Commission 78.1
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 191
Art. I. In General 191
Art. I1/2. Parking Lots 194
Art. II. Commission 199
Art. III. Manager 201
Art. IV. Zoning Commission 202
Supp. No. 3
XV
Chapter
DUBUQUE :CODE
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
5. Alcoholic Beverages
212
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
Animals
Art.
Art.
8. Auctions
Art.
Art.
and Fowl 393
I. In General 393
II. Dogs 396
Div. 1. Generally 396
Div. 2. License 399
Div. 3. Rabies Control 401
and Auctioneers 453
I. In General 453
II. Licenses and Permtis __._ 454
9. Bicycles
Art.
Art.
Supp. No. 3
507
I. In General _. _.. 507
II. Registration 509
xvi
Chapter
20. Housing
Art.
Art.
Art.
Art.
Art.
Art.
Art.
TABLE. OF CONTENTS—Cont'd.
Page
1199
I. In General 1199
II. Administration and Enforcement 1204
III. Minimum Standards 1210
Div. 1. Generally 1210
Div. 2. Safe and Sanitary Maintenance of
Dwelling and Non -Dwelling
Structures
Div. 3. Basic Equipment and Facilities ____
Div. 4. Light, Ventilation and Heating ____
Div. 5. Space, Use and Location Require-
ments 1220
IV. Duties of Owners and Occupants 1223
V. Rooming Houses, Hotels and Motels 1225
VI. Permits 1227
VII. Unfit Dwellings 1228
1210
1213
1217
21. Human Relations
1283
Art. I. In General 1283
Art. II. Human Rights Commission 1285
Art. III. Unfair and Discriminatory Practices 1290
Div. 1. Generally 1290
Div. 2. Accommodations or Services 1291
Div. 3. Employment Practices 1292
Div. 4. Housing 1293
Div. 5. Credit 1295
Art. IV. Enforcement of Civil Rights 1296
22. Junk and Junk Dealers 1351
Art. I. In General 1351
Art. II. Licenses 1354
23. Library, 1405
24. Licenses and Miscellaneous Business Regulations __ 1459
Art. I. Occupational Licenses Generally 1459
Art. II. Central Market 1463
Art. III. Fortunetellers, Etc. 1466.1
Art. IV. Going -Out -of -Business Sales 1466.2
Art. V. Rat Control 1468
Supp. No. 2
xix
DUBUQUE CODE
Chapter Page
Art. VI. Commercial Practices 1473
Div. 1. Generally 1473
Div. 2. Weights and Measures 1474
25. Motor Vehicles and Traffic 1527
Art. I. In General 1527
Art. II. Administration and Enforcement 1534
Div. 1. Generally 1534
Div. 2. Traffic -Control Devices. 1536
Art. III. Accidents ____._ 1540
Art. IV. Noise Control 1542
Art. V. Motor Vehicles 1546
Div. 1. Generally 1546
Div. 2. Equipment 1552
Art. VI. Operation 1566
Div. 1. Generally 1566
Div. 2. Overtaking and Passing 1582
Div. 3. Right -of -Way 1585
Div. 4. Speed 1590.6
Art. VII. Pedestrians 1590.9
Art. VIII. Stopping, Standing and Parking ____ 1593
Div. 1. Generally 1593
Div. 2. Municipal Parking Garages 1602
Div. 3. Municipal Parking Lots 1605
Div. 4. Parking Meters 1609
Div. 5. Restrictions During Snow Re-
moval 1614
Div. 6. Parking Space for the Handi-
capped 1616
26. Offenses and Miscellaneous Provisions 1667
Art. I. In General 1667
Art. II. Assemblies 1673
Art. III. Blasting 1674
Div. 1. Generally 1674
Div. 2. Permit 1675
Art. IV. Gambling 1677
Art. V. Model Glue 1678
Art. VI. Municipal Waterfront and Docks 1679
Div. 1. Generally 1679
Supp. No. 2
xx
TABLE OF CONTENTS--Cont'd.
Chapter Page
Div. 2. Department of Public Docks 1684
Art. VII. Noises 1686.5
Div. 1. Generally 1686
Div. 2. Variance Permits 1693
27. Parks and Recreation 1745
Art. I. In General 1745
Art. II. Playground and Recreation Commis-
sion 1745
Art. III. Public Parks 1747
Div. 1. Generally 1747
Div. 2. Specific Parks 1754.1
Art. IV. Municipal Athletic Field 1755
28. Peddlers and Transient Merchants 1809
Art. I. In General 1809
Art. II. License 1811
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 1931
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
Supp. No. 2
xxi
Chapter
DUBUQUE CODE
Page
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. L Generally 2159
Div. 2. Streets, Alleys and Easements ____ 2160
Div. 3. Blocks 2162
Div. 4. Lots 2162
Div. 5. Parks, Playgrounds and Schools 2163
35. Taxation 2213
Art. I. In General 2213
Art. II. City Assessor 2214
36, Utilities 2253
Art. I. In General 2253
Art. II. Sewers and Sewage Disposal 2255
Div. 1. Generally 2255
Div. 2. Discharge Regulations 2261
Div. 3. Private Disposal Systems 2269
Div. 4. Rates 2274
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
Art. V. Cable Television 2305
Div. 1. Generally 2305
Div. 2. Dubuque Cable TV Commission 2306
37. Vegetation 2355
Art. I. In General 2355
Supp. No. 2
Chapter 2
ADMINISTRATION*
Art. I. In General, §§ 2-1-2-19
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,§§ 2-159-2-168
Div. 7. Director of Public Works, §§ 2-169-2-177
Art. IV. Civil Service Commission, §§ 2-178-2-198
Art. V. Emergency Succession, §§ 2-199-2-204
ARTICLE 1. 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;
civic center commission, Ch. 101/2, Art. II; 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, Div. 4; examining board for
registration of electricians, Ch. 1$, Art. II, Div. 2; fire department, Ch.
14, Art. II; garbage, trash and refuse, Ch. 17; board of health, § 18-1;
city operated ambulance services, Ch. 18, Art. II, Div. 3; housing regula-
tions administration and enforcement, Ch. 20, Art. II; human rights com-
mission, Ch. 21, Art. II; human relations enforcement, Ch. 21, Art. IV;
library, Ch. 23; city sealer of weights and measures, §. 24-98; administra-
tion 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; historic
preservation commission, Ch. 29, Art. III; administration of plumbing,
regulations, 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; Dubuque Cable TV Commission, Ch. 36, Art.
V, Div. 2.
Supp. No. 2
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, 12-18-28)
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 the 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
Supp. No. 2
56
§ 2-53 ADMINISTRATION § 2-69
and every person indulging in such personalities shall be called
to order by the chair. (Res. No. 250-51, § 1 (Rule 23), 7-16-51)
Sec. 2-54. Voting by ayes and nays; recording.
All voting shall be by aye and nay vote and shall be re-
corded by the city clerk. (Res. No. 250-51, § 1 (Rule 24),
7-16-51)
Sec. 2-55. Special meetings.
Special meetings shall be called in accordance with law.
(Res. No. 250-51, § 1 (Rule 25), 7-16-51)
Secs. 2-56-2-66. Reserved.
ARTICLE III. OFFICERS AND EMPLOYEES
DIVISION 1. GENERALLY
Sec. 2-67. Appointment.
Except as otherwise provided by state or city law, the city
council shall appoint and remove city officers and employees
and prescribe their powers, duties, compensation and terms.
Sec. 2-68. Officers' salaries.
The annual salaries of the officers appointed shall be as
from time to time provided by the city council, which salaries
shall be paid in semimonthly installments to each officer
entitled thereto. (Ord. No. 90, § 5, 7-6-20)
Sec. 2-69. Officers' bonds.
(a) The following officers of the city shall provide bonds
annually in an amount as follows:
(1) City manager, five thousand dollars ($5,000.00) ;
(2) City treasurer, fifty thousand dollars ($50,000.00) ;
(3) City solicitor, one thousand dollars ($1,000.00) ;
(4) City clerk, five thousand dollars ($5,000.00).
65
§ 2-69 DUBUQUE -CODE'• § 2-73
(b) The bonds furnished as required by paragraph (a) of
this section shall run from January first (or the date of taking
office) to December thirty-first following. Bonds in continuous
form shall not be acceptable and renewal certificates shall
not be deemed in compliance with the law.
(c) The cost of the bond of the city treasurer shall be paid
from the general fund, not to exceed one per cent per annum.
(Ord. No. 2-59, §§ 2-4, 1-5-59)'.
Sec. 2-70. General duties.
Each municipal officer shall exercise the powers and per-
form the duties prescribed by law and ordinance, or as other-
wise directed by the council unless contrary to state law or
city charter.
Sec. 2-71. Annual reports.
At the end of each fiscal year, every officer of the city
shall make a full and complete report to the council together
with a statement of all money received and expended by him
during said year, which report shall be filed with the city
clerk before the first day of August of each year. (Ord. No.
34-51, § 2, 8-6-51)
Sec. 2-72. Books and records.
All books and records required to be kept by law or ordi-
nance shall be open to inspection by the public upon request.
Sec. 2-73. Deposits of municipal funds.
Prior to the fifth day of each month, each office or depart-
ment shall deposit all funds collected on behalf of the munici-
pality during the preceding month. The officer responsible for
the deposit of funds shall take such funds to the city treasurer,
together with receipts indicating the sources thereof and ob-
taining a receipt from the treasurer for the funds, or deposit
the funds directly in the city's bank account and give the city
treasurer a duplicate receipted deposit slip together with his
receipts indicating the sources of the funds.
66
§ 2-11g ADIVIINISTRA.TION § 2-122
tified copy to any other person when requested, for which he
shall receive twenty-five cents '($0.25) per folio, which shall be
paid into the general fund of the city. (Ord. No. 9, § 3)
Sec. 2-119. Service of notices.
The city clerk shall serve all notices on behalf of the city in
the manner provided and as required by resolution or ordi-
nance, or the laws of the state, and shall secure an affidavit
of publication and file the same in his office and record the
same as part of the records of his office. (Ord. No. 9, § 4)
Sec. 2-120. Custodian of seal.
The city clerk shall have the custody of the seal of the city
and shall attach the same to all deeds, contracts, bonds or other
instruments which are required by law or ordinance to be at-
tested by him as city clerk and shall keep a record of the same
in the book kept for that purpose in his office.
Sec. 2-121. Clerk of board of health.
The city clerk shall act as clerk of the board of health, and
shall attend all of its meetings, and keep a record of the pro-
ceedings of such meetings. He shall make reports of the pro-
ceedings of the board to the council, as provided by the rules, of
the board, and shall make all reports to the state board of
health, which may be required by ordinance or the laws of
the state, or by the rule of the state board of health. All pro-
ceedings, orders, rules and regulations of the board shall be
attested by him, as clerk of the board, and he shall publish all
notices necessary to be published by the board as provided by
ordinance or the laws of the state. (Ord. No. 9, § 8)
Sec. 2-122. Deputy.
(a) It is hereby determined to be necessary for the proper
and efficient conduct of the affairs of the city that the office
of deputy city clerk be established.
(b).. The deputy city clerk shall be appointed by the council
and shall have full powerand authority to perform all of. the
73
§ 2-122
DUBUQUE CODE § 2-145
duties and functions of the city clerk, when so 'directed by
him, or in his absence or inability to act.
(c) The deputy city clerk shall serve at the pleasure of the
council and may be discharged with or without cause and
shall receive such salary as the council may from time to
time direct. (Ord. No. 43-55, §§ 1-3, 7-18-55)
Secs. 2-123-2-140. Reserved.
DIVISION 5. CITY SOLICITOR
Sec. 2-141. Powers and duties generally.
The duties of the city solicitor shall be as provided in this
division and by the laws of the state.
Sec. 2-142. Location.
The city solicitor shall be so situated in a convenient loca-
tion to maintain necessary coordination with the general
governmental activities of the municipality.
Sec. 2-143. Attendance at council meetings.
The city solicitor shall attend every regular meeting of the
city council and attend those special meetings of the city
council at which he is required to be _present.
Sec. 2-144. Preparation of forms.
The city solicitor shall, upon request, formulate drafts for
contracts, forms and other writings which may be required
for the use of the city. (Ord. No. 12, § 1(3) )
Sec. 2-145. Record of opinions and actions.
The city solicitor shall keep in proper files a record of all
official opinions and a docket or register of all actions prose-
cuted and defended by the city attorney accompanied by all
proceedings relating to such actions.
74
§ 2=146 ADM'INISTRATIO'N § 2-149.,
Sec. 2-146. Opinions.
(a) The city solicitor shall, upon request, give his opinion
in writing upon all questions of law relating to municipal
matters submitted by the city council, the mayor, members
of the city council individually, municipal boards or the head.
of any municipal department.
(b) He shall make a written report to the city, council and
interested department heads of the defects in all contracts,,
documents, authorized power of any city officer, and ordi-
nances submitted to him or coming under his notice.
(c) He shall, after due examination, offer a written opinion
on and recommend alterations pertaining to contracts involv-
ing the city before they become binding upon the city or are
published. (Ord. No. 12, § 1 (3) )
Sec. 2.-147. Preparation of ordinances.
The city solicitor shall prepare those ordinances which the
city council may desire and direct to be prepared and report
to the council upon all ordinances before their final passage'
by the city council and publication. (Ord. No. 12, § 1(3) )
Sec. 2-148. Appearances in court, etc.
The city solicitor shall act as attorney for the city in all
matters affecting the city's interest and appear on behalf of
the city before any court, tribunal, commission or board. He
shall prosecute or defend all actions and proceedings when so
requested by the mayor or city council. (Ord. No. 12, § 1(1),
(2))
Sec. 2-149,. Representation of city officers and, employees.
The city solicitor shall, if directed by the council, appear
to defend any municipal officer or employee in any cause of
action arising out of or in the course : of ; the performance of
the duties of his or her office or employment.
§ 2-150 DUBUQUE CODE § 2-158
Sec. 2-150. Signing bonds.
The city solicitor shall sign the name of the city to all
appeal bonds and to all other bonds or papers of any kind
that may be essential to the prosecution of any cause in court,
and when so signed the city shall be bound upon the same.
Sec. 2451. Adjustment of claims.
The city solicitor shall have the power to adjust claims filed
or litigation pending against the city, and to settle the same
in the name of the city, with the approval of the council.
He shall also have authority to draw orders upon the treasury
for the payment of witness fees, court costs, and other ex-
penses incidental to litigation, in which he appears as city
solicitor, which orders shall be in writing and shall state the
name of the payee, the name of the action, and the purpose
for which the money is paid, which orders when countersigned
by the auditor shall be paid by the treasurer. At the first
meeting in each month, the city solicitor shall present to the
council a written report of all orders drawn by him during
the preceding month, which report shall state the amount of
such orders, the name of the payee, the name of the action
in which the same was paid, and the purpose for which paid.
(Ord. No. 12, § 2)
Sec. 2-152. Annual report.
The city solicitor shallmake an annual report in writing to
the city council prior to the tenth day of the first month of
every year, which report shall contain a record of every legal
matter considered by him during the course of the year, the
disposition made of all legal matters considered, and recom-
mendations
ecommendations concerning any matters pending which may inter-
est the city.
Secs. 2-153-2-158. Reserved.
76
§ 2-200 ADMINISTRATION § 2-201
park board, the chairman of the airport commission and the
chairman of the library board shall assume the office of city
council and shall elect one of their number as mayor. (Ord.
No. 66-61, § 2, 12-18-61)
Sec. 2-201. Same—Officers.
The following emergency interim successors shall be ap-
pointed in the event of attack:
(1) City clerk shall become city manager, if the latter is
unavailable;
(2) Assistant city clerk shall become city clerk, if the latter
is unavailable;
(3) City treasurer shall become city auditor, if the latter is
unavailable;
(4) Water division business manager shall become city
treasurer, if the latter is unavailable;
Assistant city solicitor shall become city solicitor, if the
latter is unavailable ;
(6) Assistant city engineer shall become city engineer, if
the latter is unavailable;
(7) Assistant building inspector shall become building in-
spector, if the latter is unavailable;
(8) Assistant plumbing inspector shall become plumbing in-
spector, if the latter is unavailable;
Assistant electrical inspector shall become electrical in-
spector, if the latter is unavailable;
(10) Public works account clerk shall become street com-
missioner, if the latter is unavailable;
(11) Senior police captain shall become police chief, if the
latter is unavailable;
(12) Senior assistant fire chief shall become fire chief, if.
the latter is unavailable ;
(5)
(9)
81
V2-201
DUBUQUE CODE ' § 2-204
(13) Senior fire captain shall become civil defense deputy
chief, if the latter is unavailable;
(14) Director of civil defense advisory committee shall be-
come health director, if the latter is unavailable;
(15) Senior librarian shall become head librarian, if the latter
is unavailable;
(16) Senior commissioner, not chairman, shall become dock
manager, if the latter is unavailable;
(17) Senior maintenance man shall replace airport manager,
if the latter is unavailable;
(18) Park foreman shall replace park superintendent, if the
latter is unavailable;
(19) Assistant recreation director shall replace recreation
director, if the latter is unavailable;
(20) Supervisor of water plant shall replace water superin-
tendent, if the latter is unavailable. (Ord. No. 66-61,
§ 3, 12-18-61)
Sec. 2-202. Same—Oath of office.
At the time of their designation, emergency interim suc-
cessors shall take such oath as may be required for them to
exercise the power and discharge the duties of the office to
which they may succeed. (Ord. No. 66-61, § 4, 12-18-61)
Sec. 2-203. Same—Termination of authority by council.
The council may at any time terminate the authority of
emergency interim successors by adoption of a resolution
accordingly. (Ord. No. 66-61, § 5, 12-18-61)
Sec. 2-204. Resumption of office by incumbent.
In the event that any incumbent becomes available after
the appointment of an emergency interim successor, then such
incumbent shall resume the power and discharge the duties
of his office. (Ord. No. 66-61, § 6, 12-18-61)
[The next page is 133]
82
§ 4-12 AIRPORT § 4-13
within such parking spaces. It shall be unlawful to
park any motor vehicle on any municipally owned air-
port parking lot in such a position that the same shall
not be entirely within such parking space or in such a
manner that it shall obstruct the free movement of
vehicles over such traffic lanes.
(c) Deposit of coins required for use of space. When such
parking spaces are so established and marked and park-
ing meters installed adjacent thereto, it shall be un-
lawful for any person, firm, association or corporation
to cause, allow, permit or suffer any motor vehicle
registered in the name of such person, firm, association
or corporation to be parked within such space for the
time during which the meter is showing a signal indi-
cation that such space is [ill legally in use. Such meters
shall be placed in operation by deposit of appropriate
coin therein during any twenty-four (24) hours of any
day of the week.
(d) Parking overtime, beyond maximum legal time period
prohibited. It shall be unlawful and a violation of the
(provisions of this article for any person, firm, associa-
tion or corporation to cause, allow, permit or suffer
any vehicle registered in the name of such person, firm,
association or corporation to be parked overtime or
beyond the period of legal parking time established for
any parking lot herein described, or to deposit in any
parking meter any coin for the purpose of parking
beyond the maximum legal parking time for the par-
ticular parking lot. (Ord. No. 28-78, § 1, 5-1-78)
Sec. 4-13. Designation of lots.
The various municipally owned airport parking lots located
at the Dubuque Municipal Airport shall be designated nu-
merically as follows :
(1) Lot No. 1: The lot situated immediately in front of the
new terminal building.
(2) Lot No. 2: The lot situated north and rear of Lot No. 1.
Supp. No. 3
195
§ 4-13
DUBUQUE CODE § 4-14
(3) Lot No. 3: The lot situated immediately east of the new
terminal building and in front of the old terminal
building.
(4) Lot No. 4: The lot situated immediately east of Lot
No. 3.
(5) Lot No. 5: The lot situated west of the new terminal
building alongside the Tri-State Hangar building.
(6) Lot No. 6: The lot situated thirty feet west of Lot
No. 1.
(7) Lot No. 7: The lot situated immediately east and adja-
cent to Lot No. 4. (Ord. No. 28-78, § 1, 5-1-78)
Sec. 4-14. Time and fee schedule for specific lots.
Parking meters on municipally owned airport parking lots,
when installed and properly operated, shall show legal parking
upon and after deposit of the United States coins, and in the
nonmetered parking lots, parking spaces shall be rented at a
daily rate.
(a) On Parking Lot No. 1, such meters shall show legal
parking for fifteen (15) minutes upon deposit of each
five -cent ($0.05) coin or thirty (30) minutes upon the
deposit of each ten -cent ($0.10) coin or one (1) hour
and fifteen (15) minutes upon the deposit of one twenty-
five -cent ($0.25) coin, but not more than a total of two
(2) hours at any one time. The maximum legal parking
time limit for any one vehicle at any one time shall be
two (2) hours.
(b) On Parking Lots Nos. 2 and 6, such meters shall show
legal parking for two (2) hours upon the deposit of each
twenty -five -cent ($0.25) coin but no more than a total
of twenty-four (24) hours at any one time. The maxi-
mum legal parking time limit for any one vehicle at
any one time shall be twenty-four (24) hours.
(c) On Parking Lots Nos. 3 and 5 such meters shall show
legal parkingfor fifteen (15) minutes upon deposit of
Supp. No. 3
196
§ 4-14 AIRPORT § 4-17
each five -cent ($0.05) coin or thirty (30) minutes upon
the deposit of each ten -cent ($0.10) coin, but not more
than a total of one (1) hour at any one time. The maxi-
mum legal parking time limit for any one vehicle at any
one time shall be one (1) hour.
(d) On Parking Lot No. 4 such meters shall show legal
parking for thirty (30) minutes upon deposit of each
five -cent ($0.05) coin, or sixty (60) minutes upon the
deposit of each ten -cent ($0.10) coin, or 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
twelve (12) hours at any one time. The maximum legal
parking time limit for any one vehicle at any one time
shall be twelve (12) hours.
(e) On Parking Lot No. 7 parking spaces [shall be] rented
at a rate of one dollar ($1.00) per day plus three (3)
percent state service tax. (Ord. No. 28-78, § 1, 5-1-78)
Sec. 4-15. Deposit of slugs, similar devices in parking meters.
It shall be unlawful to deposit or cause to be deposited in any
parking meter any slug, device or any metallic substitute for
any United States coin. (Ord. No. 28-78, § 1, 5-1-78)
Sec. 4-16. Defacing, tampering with parking meters.
It shall be unlawful for any unauthorized person to open, or
for any person to deface, injure, tamper with or willfully break,
destroy or impair the usefulness of, any parking meter installed
pursuant to this article. (Ord. No. 28-78, § 1, 5-1-78)
Sec. 4-17. Collection and disposition of parking meter deposits.
It shall be the duty of the city manager to designate some
person or persons to make regular collections of money de-
posited in said parking meters and deliver the money to the
city treasurer, and he shall place such money in a special fund
to be known as the "Airport Parking Meter Fund." Such person
or persons making such collections shall be bonded and covered
Supp. No. 3
197
§ 4-17 DUBUQUE CODE § 4-21
by the city's honesty blanket position bond. (Ord. No. 28-78,
§ 1, 5-1-78)
Sec. 4-18. Enforcement of article.
(a) Generally. It shall be the duty of the airport manager,
under the direction of the city manager, to keep account of
all violations of this article.
(b) Specific requirements of enforcing authority.
(1) He shall keep an account of and report the number of
each parking meter which indicates that the vehicle
occupying the parking space adjacent to such parking
meter is or has been parking in violation of any of the
provisions of this . article, the date and hour of such
violation, the make and the state license number of such
vehicle and any other facts, a knowledge of which is
necessary to a thorough understanding of the circum-
stances attending such violation.
(2) He shall attach to such vehicle a notice -of -fine envelope,
stating that it has been parked in violation of this
article and instructing the owner or operator to report
to the traffic violation bureau in the city hall within
seventy-two (72) hours of the time of the violation.
(Ord. No. 28-78, § 1, 5-1-78)
Sec. 4-19. Penalty for violations.
Any person violating any provision of this article shall be
deemed guilty of a misdemeanor, and upon conviction shall be
punished by a fine not exceeding one hundred dollars ($100.00),
and upon failure to pay said fine shall be imprisoned for a
period not exceeding thirty (30) days. The word "person"
herein shall include individual, firm, association or corporation.
(Ord. No. 28-78, § 1, 5-1-78)
Secs. 4-20, 4-21. Reserved.
Supp. No. 3
198
§ 4-22 AIRPORT § 4-24
ARTICLE II. COMMISSION*
Sec. 4-22. Powers—Generally.
The airport commission of the city shall have and exercise
the powers to manage and control the municipal airport of
the city, except that such commission shall not have the power
to sell such airport. (Ord. No. 20-75, § 3, 6-16-75)
Sec. 4-23. Same—Rule-making.
The airport commission shall promulgate and put in force
such rules and regulations as shall be deemed necessary and
appropriate for the orderly operation, management, control
and supervision of the municipal airport. A copy of such rules
and regulations shall be filed with the airport manager
together with any amendments thereto ; also, copies thereof
shall be posted in two (2) conspicuous places in the adminis-
tration building at the municipal airport. (Ord. No. 45-73, •§ 7,
8-20-73; Ord. No. 20-75, § 7, 6-16-75)
Sec. 4-24. Same—Control of funds.
All funds derived from taxation or otherwise for airport
purposes shall be under the control of the airport commission
of the city for the purposes of management, operation and
control of the municipal airport and shall be deposited with
the city treasurer to the credit of the airport commission and
shall be disbursed only on the written warrant or order of
the airport commission including the payment of all indebted-
ness arising from the acquisition and construction of airports
and the maintenance, operation and extension thereof. (Ord.
No. 20-75, § 5, 6-16-75)
*Cross reference—Administration, Ch. 2.
Supp. No. 3
199
§ 16-9 FOOD AND FOOD HANDLERS
§ 16-10
Sec. 16-9. License fees.
Each applicant for a license to operate a food -service estab-
lishment shall pay the following annual license fees :
(1) For a mobile food unit or pushcart $ 10.00
(2) For a temporary food -service establishment,
per fixed location 10.00
(3) For a food -service establishment with annual
gross sales of under fifty thousand dollars
($50,000.00), other than a mobile food unit,
pushcart or temporary food -service establish-
ment 40.00
(4) For a food -service establishment with annual
gross sales of between fifty thousand dollars
($50,000.00) and one hundred thousand dollars
($100,000.00), other than a mobile food unit,
pushcart or temporary food -service establish-
ment 70.00
(5) For a food -service establishment with annual
gross sales of more than one hundred thousand
dollars ($100,000.00) but less than two hundred
fifty thousand dollars ($250,000.00), other than
a mobile food unit, pushcart or temporary food-
service establishment_ 125.00
(6) For a food -service establishment with annual
gross sales of two hundred fifty thousand dol-
lars ($250,000,00) or more 150.00
(Ord. No. 53-73, §§ 1, 2, 11-26-73; Ord. No. 70-78, § 1,
12-18-78)
Cross reference—Licenses and miscellaneous business regulations,
Ch. 24.
Secs. 16-10-16-16. Reserved.
Supp. No. 4
957
§ 16-17 DUBUQUE CODE § 16-17
ARTICLE H1/2.
FOOD AND BEVERAGE VENDING MACHINES*
Sec. 16=17. Definitions.
For the purpose of this article
Commissary or vending machine commissary means a cater-
ing establishment, restaurant or any other place in which
food, containers or supplies are kept, handled, prepared,
packaged or stored.
Department means the [state] department of agriculture.
Food means any raw, cooked or processed edible substance,
ice, beverage or ingredient used or intended for use or for
sale in whole or in part for human consumption.
Local board of health means a county, city or district board
of health.
Machine location means the room, enclosure, space or area
where one (1) or more vending machines are installed and
operated.
Municipal corporation means a political subdivision of this
state.
Operator means any person who by contract, agreement or
ownership takes responsibility for furnishing, installing, serv-
icing, operating or maintaining one (1) or more vending
machines.
Perishable food means any food of a type or in a condition
which may spoil.
"Editor's note—Ord. No. 72-78, § 1, adopted Dec. 18, 1978, amended
the Code by adding a new Art. VII of Ch. 24, §§ 24-112-24-119, per-
taining to food and beverage vending machines. For purposes of classifi-
cation, the editor has redesignated said provisions as Art. II1/z of Ch.
16, §§ 16-17-16-25; section order has been changed, and, in order to
facilitate indexing, the editor has added subsection designations where
appropriate.
State law reference—Food and beverage vending machines, I.C.A.
§ 191, A.1 et seq.
Supp. No. 4
958
§ 17-20 GARBAGE, TRASH AND REFUSE
§ 17-22
(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 of Dubuque, unless
the same is stored in containers in such a manner as not to
create a health or fire hazard. (Ord. No. 53-76, §§ 8, 9, 10-4-
76)
Sec. 17-21. Hazardous materials not collected by city; trans-
port by owner required; enumeration.
(a) No person, firm or corporation shall deposit in a gar-
bage or refuse container or otherwise offer for city collection
any hazardous garbage, refuse or waste.
(b) Hazardous materials shall be transported by the owner,
responsible person or his agent, to a place of safe deposit or
disposal as permitted by city, state or federal regulations.
(c) Hazardous materials shall include ; Explosive materials ;
rags or other waste soaked in volatile and inflammable ma-
terials ; drugs; poisons ; radioactive materials ; motion picture
film and similar highly combustible materials; soiled dressings,
clothing, bedding and/or other wastes, contaminated by in-
fection or contagious disease ; and other materials which may
present a special hazard to collection or disposal personnel or
equipment or to the public. (Ord. No. 53-76, § 13, 10-4-76)
Sec. 17-22. Requirements for vehicles hauling refuse.
(a) No person, firm or corporation shall haul any garbage
or refuse upon the streets, alleys or public places of the City
of Dubuque unless the same shall be in approved containers,
securely fastened to prevent spillage, or in a totally enclosed,
watertight vehicle. If, however, the material is dry -type ma-
terial, it may be hauled in a totally enclosed vehicle, or in an
open vehicle which is covered with a suitable 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 water-
tight containers. All vehicles used for the collection and re -
Supp. No. 1 1021
§ 17-22 DUBUQUE CODE § 17-32
moval of garbage and refuse shall be kept in a clean, inof-
fensive, 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. 53-76, § 11, 10-4-76)
Sec. 17-23. Transport to city -approved dumping areas re-
quired.
No person, firm or corporation 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 corpor-
ate limits of the City of Dubuque 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 of the City of Dubuque, Iowa. (Ord. No.
53-76, § 12, 10-4-76)
Secs. 17-24-17-30. Reserved.
DIVISION 2. CITY COLLECTION SERVICE
Sec. 17-31. City manager's authority generally.
The city manager is hereby authorized and directed to em-
ploy city -owned vehicles and equipment and the necessary
operating personnel to collect garbage and refuse and to col-
lect fees and administer the program as provided for in this
article in the City of Dubuque, upon the terms and conditions
of this division. (Ord. No. 53-76, § 2, 10-4-76)
Cross references -Authority of city manager to proclaim a period
when leaves may be placed in street rights-of-way for collection, §
17-17; authority to prepare, change or amend collection schedules, §
17-33.
Sec. 17-32. Availability of collection service.
(a) Residential premises. City garbage and refuse collection
from residential premises as defined in section 17-16 shall be
mandatory.
(b) Commercial and business premises. Commercial and
business premises not now served by city garbage and refuse
Supp. No. 1
1022
§ 17-32 GARBAGE, TRASH AND REFUSE
§ 17-36
collection services may apply for such collection services from
the city manager. The collection rate will be determined from
the fee schedule set forth in section 17-36.
The city reserves the right to refuse garbage and refuse
collection service because of quantities or characteristics be-
yond the capacity or capability to be handled efficiently by
city personnel and equipment. (Ord. No. 53-76, § 2, 10-4-76)
Sec. 17-33. Frequency, time and areas of collection.
(a) Collections 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. 53-76,
§ 2, 10-4-76)
Sec. 17-34. Placement of containers for collection.
(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
property side of the curb on the days designated in said
schedule. However, such containers shall be placed so as not
to interfere with vehicular and pedestrian traffic and when
emptied shall be promptly removed by the occupant of the
premises. (Ord. No. 53-76, § 2., 10-4-76)
Sec. 17-35. Limitation on quantity from residential premises.
The quantity of garbage and refuse to be collected by the
city shall not exceed one hundred and twenty (120) gallons
per week for each single family dwelling unit as defined in
section 17-16. (Ord. No. 53-76, § 2, 10-4-76)
Sec. 17-36. Charges—Amounts; exceptions.
(a) Residential premises. Except as qualified below, a fee
of two dollars and fifty cents ($2.50) per month shall be
Supp. No. 1 1023
§ 17-36
DUBUQUE CODE. § 17-36
charged by the city and collected from each owner of a resi-
dential premises for such service effective October 11, 1976.
Said charge or fee shall be in payment for collection and
disposal of garbage and refuse as defined. Exceptions to the
collection charge for residential 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 five thousand dollars ($5,000.-
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 continue to collect
from commercial and business premises currently receiving
such service. 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) .
(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)
Supp. No. 1
1024
§ 17-36 GARBAGE, TRASH AND REFUSE
§ 17-37
(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. 53-76, § 2, 10-4-76)
Sec. 17-37. Same—Billing and collection.
(a) Initially, the city manager shall bill for collection
service from a record of accounts registered for billing on
October 11, 1976. Subsequently, the city manager is au-
thorized to bill tenants upon therequest 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
division from residential premises and maintenance of the
availability of such service, whether or not such service is
used regularly or not at all by the owner of such residential
premises, is hereby declared a benefit to said premises at least
equal to the monthly charges specified in this division, 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-
quired by this division, listing the residential premises for
which the service was rendered and the amount due therefrom.
Resolutions shall thereupon be prepared assessing the delin-
Supp. No. 1
1025
§ 17-37 DUBUQUE CODE § 17-53
quent charges to the properties so benefited. Such resolutions,
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. 53-76, §§ 3-5, 10-4-76)
Secs. 17-38-17-43. Reserved.
DIVISION 3. PRIVATE COLLECTION SERVICE
Sec. 17-44. License—Required.
No person, firm, or corporation shall engage in the business
of removing or hauling garbage or refuse from the premises
-of others unless such person, firm or corporation shall have
first applied for and received a permit to do so from the city
manager. The issuance of this license shall be in the manner
prescribed and subject to the terms of Article I of Chapter 24
of this Code. (Ord. No. 53-76, § 10, 10-4-76)
Sec. 17-45. Same—Application; fee.
Application for such license shall specify the equipment of
vehicles to be used, the route to be traveled, the places to be
served and the name and residence of the applicant, and such
person, firm or corporation 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
in the City of Dubuque, Iowa. (Ord. No. 53-76, § 10, 10-4-76)
Sec. 17-46. Same—Display of license number on vehicle.
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. 53-76, § 10, 10-4-76)
Secs. 17-47-17-53. Reserved.
Supp. No. 1
1026
Chapter 20
HOUSING*
Art. I. In General, §§ 20-1-20-15
Art. II. Administration and Enforcement, §§ 20-16-20-40
Art. III. Minimum Standards, §§ 20-41-20-121
Div. 1. Generally, §§ 20-41-20-47
Div. 2. Safe and Sanitary Maintenance of Dwellings and
Non -Dwelling Structures, §§ 20-48-20-68
Div. 3. Basic Equipment and Facilities, §§ 20-69-20-81
Div. 4. Light, Ventilation and Heating, §§ 20-82-20-98
Div. 5. Space, Use and Location Requirements, §§ 20-99-
20-121
Art.. IV. Duties of Owners and Occupants, §§ 20-122-20-140
Art. V. Rooming Houses, Hotels and Motels, §§ 20-141-20-158
Art. VI. Permits, §§ 20-159-20-171
Art. VII. Unfit Dwellings, § 20-172
ARTICLE I. IN GENERAL
Sec. 20-1. Short title.
This chapter shall be known as the "Minimum Housing
Standards Ordinance." (Ord. No. 13-63, § 1.0, 6-17-63)
Sec. 20-2. Purpose.
The purpose of this chapter is to provide minimum require-
ments for the protection of health, safety and welfare of the
general public and the owners and occupants of dwellings or
,dwelling units and premises. (Ord. No. 13-63, § 1.1, 6-17-63)
Sec. 20-3. Definitions.
For the purpose of this chapter, certain abbreviations,
terms, phrases, words and their derivatives shall be construed
as specified in this section.
*Cross references—Buildings and building regulations, Ch. 10; elec-
tricity, Ch. 13; fire prevention and protection, Ch. 14; flood damage
control, Ch. 15; garbage, trash and refuse, Ch. 17; health and sanitation,
Ch. 18; heating and air conditioning and ventilating, Ch. 19; plumbing,
Ch. 30; subdivision regulations, Ch. 34; zoning regulations, App. A.
1199
§ 20-3 DUBUQUECODE § 20-3
Words used in the singular include the plural and the plural
the singular.
Words used in the masculine gender include the feminine,
and the feminine the masculine.
The word "shall" is always mandatory and not merely
directory.
Where terms are not defined, they shall have their ordi-
narily accepted meanings or such as the context may imply.
Apartment shall mean a dwelling unit as defined in this
chapter.
Apartment house isany building or portion thereof, which
is designed, built, rented or leased, let or hired out to be
occupied, or which is occupied as the home or residence of
three (3) or more families living independently of each other
in dwelling units, as defined in this chapter.
Approved shall mean constructed, installed and maintained
in accordance with the provisions of this chapter and other
pertinent .ordinances of the city and with the rules and regu-
lations adopted pursuant thereto.
Basement is that portion of a building located partly under-
ground but having less than half its clear floor to ceiling
height below the average natural level of the adjoining house.
Boarding house is a lodging house in which meals are pro-
vided.
Building commissioner is the building commissioner of the
city.
Ceiling height shall be the clear vertical distance from the
finished floor to the finished ceiling.
Cellar is that portion of a building located partly or wholly
underground and having half or more than half of its clear
floor to ceiling height below the average natural level of the
adjoining ground.
Dwelling is any building or structure, except temporary
housing as herein defined, which is wholly or partly used or
1200
§ 20-3 HOUSING § 20-3
intended to be used for living, sleeping, cooking and eating
by human occupants.
Dwelling unit is a room or group of rooms located within
a dwelling and forming a single habitable unit with facilities
which are used or intended to be used for living, sleeping,
cooking and eating.
Exit is a continuous and unobstructed means of egress to
a public way and shall include intervening doorways, corri-
dors, ramps, stairways, smokeproof enclosures, horizontal
exits, exterior courts and yards.
Extermination shall mean the control and elimination of
insects, rodents or other pests by eliminating their harborage
places, by removing or making inaccessible materials that
may serve as their food, by poisoning, spraying, fumigating,
trapping or by any other recognized and legal pest elimina-
tive methods approved by the health officer.
Floor area shall mean the net floor area within the enclos-
ing walls of the room excluding built-in equipment such as
wardrobes, cabinets, kitchen units or fixtures.
Garbage shall mean the animal and vegetable waste result-
ing from the handling, preparation, cooking and consumption
of food.
Guest room is any room or rooms used, or intended to be
used, by a guest for sleeping purposes.
Habitable room shall mean a room or enclosed, floor space
used or intended to be used for living, sleeping, cooking or
eating purposes, excluding bathrooms, water closet compart-
ments, laundries, pantries, foyers, communicating corridors,
stairways, closets, unfinished attics, cellars, basement recre-
ation rooms, private workshops or hobby rooms, utility rooms,
and storage spaces.
Health officer shall mean legally designated health author-
ity of the city or his authorized representative.
Infestation shall mean the presence, within or around a
dwelling, of any insects, rodents or other pests.
1201
§ 20-3 DUBUQUE CODE § 20-3
Multiple dwelling shall mean any dwelling containing three
(3) or more dwelling units.
Nuisance. The following shall be defined as nuisances:
(1)
Any public nuisance known at common law or in equity
j urisprudence.
(2) Any attractive nuisance which may prove detrimental
to children whether in a building, or upon an unoccu-
pied lot. This includes any abandoned wells, shafts,
basements or excavations; abandoned refrigerators and
inoperable motor vehicles ; or any structurally unsound
fences or structures; or any lumber, trash, fences,
debris or vegetation which may prove a hazard for
inquisitive minors.
(3) Whatever is dangerous to human life or is detrimental
to health.
(4)
(5)
Overcrowding a room with occupants.
Insufficient ventilation or illumination.
(6) Inadequate or unsanitary sewerage or plumbing facili-
ties.
(7) Uncleanliness.
(8) Whateverrenders air, food or drink unwholesome or
detrimental to the health of human beings.
Occupant shall mean any person including an owner or
operator living, sleeping, cooking or eating in or having actual
possession of a dwelling unit or rooming unit.
Openable area shall mean that part of a window or door
which is available for unobstructed ventilation and which
opens directly to the outdoors.
Operator shall mean any person who has charge, care or
control of a building, or part thereof, in which dwelling units
or rooming units are let.
Owner shall mean any person who, alone, or jointly or
severally with others :
1202
§ 20-3 HOUSING § 20-3
(1) Shall have legal or equitable title to any dwelling unit,
with or without accompanying actual possession there-
of, or
(2) Shall have charge, care or control of any dwelling or
dwelling units, as owner or agent of the owner, or as
executor, executrix, administrator, administratix, trus-
tee or guardian of the estate of the owner. Any such
person thus representing the actual owner shall be
bound to comply with the provisions of this chapter
and of rules and regulations adopted pursuant thereto,
to the same extent as if he were the owner.
Plumbing shall mean and include all of the following sup-
plied facilities and equipment; gas pipes, gas -burning equip-
ment, water pipes, garbage disposal units, waste pipes, water
closets, sinks, installed dishwashers, lavatories, bath tubs,
shower baths, installed clothes -washing machines, catch ba-
sins, drains, storm drains, vents and any other similar sup-
plied fixtures, together with all connections to water, sewer
or gas lines.
Premises shall mean a lot, plot or parcel of land including
the buildings and structures thereon.
Rooming house shall mean any dwelling, or that part there-
of containing one or more units in which space is let by the
owner or operator to three (3) or more persons who are not
husband or wife, son or daughter, mother or father, or sister
or brother to the owner or operator.
Rooming unit shall mean any room or group of rooms form-
ing a single habitable unit used or intended to be used for
living and sleeping, but not for cooking or eating purposes.
Rubbish shall mean all waste materials except garbage;
and the term shall include the residue from the burning of
wood, coal, coke and other combustible material, paper, rags,
cartons, boxes, excelsior, rubber, leather, tree branches, yard
trimmings, tin cans, metals, mineral matter, glass, crockery
and dust.
Single family dwelling shall mean any dwelling containing
one dwelling unit.
1203
§ 20-3
DUBUQUECODE § 20-17
Substandard building shall mean any building, or portion
thereof, in which there exists any of the conditions and to
the extent listed in article VII of this chapter.
Unfit dwelling: Any dwelling, dwelling unit, rooming house
or rooming unit, in whole or in part, which shall be found to
have any of the following defects shall be deemed to be unfit
for human habitation:
(1) One which is so damaged, decayed, dilapidated, unsani-
tary, unsafe, or vermin infested that it creates a serious
hazard to health or safety of the occupants or to the
public.
(2) One which lacks light, ventilation or sanitation facili-
ties adequate to protect the health or safety of the
occupants or of the public as prescribed by the pro-
visions of this ordinance.
(3) One which because of its general condition or location
is unsanitary, or otherwise dangerous to the health or
safety of the occupants or to the general public. (Ord.
No. 13-63, §§ 2.0-2.34, 6-17-63)
Cross reference—Rules of construction and definitions generally, § 1-3.
Secs. 20-4-20-15. Reserved.
ARTICLE II. ADMINISTRATION AND ENFORCEMENT*
Sec. 20-16. Health officer's enforcement authority.
The health officer is hereby authorized and directed to
administer and enforce all of the provisions of this chapter.
(Ord. No. 13-63, § 3.1, 6-17-63)
Cross reference—Health and sanitation, Ch. 18.
Sec. 20-17. Right -of -entry.
Upon presentation of proper credentials, the health officer
and/or his duly authorized representatives may enter any
dwelling, dwelling unit, rooming unit or premises at all reason -
*Cross reference—Administration generally, Ch. 2.
1204
§ 20-17 HOUSING § 20-19
able times and at any time in an emergency, for the purpose
of determining whether such dwelling, dwelling unit, rooming
unit or premises complies with the provisions of this ordinance.
The owner, operator or occupant of any dwelling, dwelling unit
or rooming unit shall give the health officer or his agent free
access to such dwelling, dwelling unit or rooming unit and its
premises for the purpose of such inspection. The occupant of
any dwelling, dwelling unit or rooming unit shall give the
owner or his agent, access to any part of such dwelling, dwell-
ing unit, rooming unit or its premises at all reasonable times,
and any time in an emergency, for the purpose of making
repairs or alterations in order to comply with the provisions
of this chapter. (Ord. No. 13-63, § 3.2, 6-17-63)
Sec. 20-18. Designation of person in charge.
In any multiple dwelling or rooming house in which the
owner or lessee does not reside, there shall be designated by
the owner or lessee, when required by the health officer, a
person in charge upon whom notice may be served of any
violation of the provisions of this chapter. (Ord. No. 13-63,
§ 3.2, 6-17-63)
Sec. 20-19. Notice of violation; order of compliance—Gener-
ally.
Whenever the health officer determines that there exists a
violation of any provision of this chapter or of any rule or
regulation adopted pursuant thereto, he shall give notice of
such violation to the person or persons responsible therefor
and order compliance. Such notice and order shall:
(1) Be in writing.
(2) Include a list of violations referring to the sections of
this chapter violated.
(3) Set a reasonable time, not to exceed ninety (90) days
in any event, for compliance.
(4) Advise the owner or occupant of the procedure for
appeal.
1205
§ 20-19 DUBUQUE CODE § 20-21
(5) Be served upon the owner, his agent, or the operator,
or occupant by delivering the same at his residence,
office or place of business with some person of suitable
age and discretion who shall be informed of the con-
tents .thereof, or by mailing a copy thereof by certified
mail to his last known address, or if the person to be
served is unknown, by posting said notice in some con-
spicuous place on the premises.
(6) If necessary, and anything herein to the contrary not-
withstanding, also require the dwelling or portion there-
of to be vacated forthwith and not reoccupied until the
required repairs and improvements are completed, in-
spected and approved by the health officer. (Ord. No.
13-63, § 3.3, 6-17-63)
Sec. 20-20. Same—Duplicate.
Whenever the owner, his agent or the operator of a dwelling
is notified by the health officer of a violation for which he
is responsible, a copy of the notice of violation shall also be
posted on the premises ; delivered or sent by regular mail to
the occupants of the dwelling ; and whenever an occupant is
notified by the health officer of a violation for which he is
responsible, a copy of the notice of violation shall also be
delivered, or sent by regular mail, to the owner of the dwelling.
Failure to send such duplicate notice, however, shall not affect
the validity of any proceedings against the owner or occupant.
(Ord. No. 13-63, § 3.4, 6-17-63)
Sec. 20-21. Same—Performance of work by city upon owner's
failure to comply; collection of costs.
In case the owner shall fail, neglect or refuse to comply
with the notice and order issued pursuant to section 20-19 to
repair, improve, rehabilitate, or demolish and remove a con-
demned dwelling or portion thereof, the health officer may
cause the owner of the dwelling to be prosecuted as a violator
of the provisions of this chapter, and may cause to proceed
with the work specified in such notice at the expense of the
city. A statement of the cost of such work shall be transmitted
;1206
`§ 20-21 HOUSING '§ 20-24
to the city council, who shall cause the same to be paid and
shall assess such cost against the property. (Ord. No. 13-63,
§ 3.9, 6-17-63)
Sec. 20-22. Appeals.
Any person served with a notice of violation or order which
has been issued in connection with the enforcement of these
regulations may request and shall be granted a hearing on
the matter before the board of health, provided that such a
person shall file in the office of the health officer, a written
petition requesting such hearing and setting forth the name,
address and phone number of the petitioner and a brief state-
ment of the grounds for such hearing. Petition shall be filed
within ten (10) days after the day the notice of violation and
order is served. Upon receipt of such a petition, the health
officer shall set a date, not to exceed thirty (30) days, for a
hearing before the board of health and shall give the petitioner
written notice thereof. If the violator does not appear for the
hearing, the provisions of this chapter shall be enforced. (Ord.
No. 13-63, § 3.5, 6-17-63)
Sec. 20-23. Decisions of board of health on appeals`
After the hearing provided for in section 20-22 the board
of health shall sustain, modify or withdraw the notice of
violation and order depending upon its findings. If it clearly
appears that, by reasons of special conditions, undue hardship
would result from the strict application of any section of these
regulations, the board may permit a variance from the manda-
tory provisions thereof, in such a manner that the public
safety shall be secured, substantial justice done and the spirit
of the provisions of this chapter be observed. (Ord. No. 13-63,
§ 3.6, 6-17-63)
Sec. 20-24. Condemnation orders.
Any dwelling, rooming house, hotel, motel or other structure
covered by the provisions of this ordinance may be condemned
as unfit for human habitation by the board of health if the
.1207
§' 20-24 DUBUQUE CODE § 20-25
owner, operator or occupant fails to comply with any provision
of this chapter. (Ord. No. 13-63, § 3.7, 6-17-63)
Sec. 20-25. Vacation orders.
Where a notice of violation and order to comply has been
served pursuant to section 20-19 of this chapter and upon
reinspection at the end of the time specified for compliance,
it is found that the violations have not been corrected, and
if no petition for a hearing before the board of health is pend-
ing, the health officer may order the dwelling or the parts
thereof affected by the continued violations vacated in accord-
ance with the following procedures:
(1) The dwelling or parts thereof shall be vacated within
a reasonable time not to exceed sixty (60) days.
(2) No owner or operator shall let any person occupy a
dwelling or dwelling unit which has been condemned
and posted after the time allowed by the health officer
for vacating such dwelling or dwelling unit.
(3) Vacated dwellings shall have all outer doors and win-
dows barricaded to prevent entry.
(4) Vacated dwellings shall have posted at each entrance
a sign to read "Do not enter, Unsafe to occupy."
Vacated dwellings or parts thereof shall not again be
used for human habitation until all violations, have been
corrected and written determination is obtained from,
and such notice or placard is removed by the health
officer indicating that the dwelling complies with this
chapter.
(6) If a dwelling or part thereof is not vacated within the
time specified in the vacation order, the health officer
may cause the owner of the dwelling to be prosecuted
as a violator of the provision of these regulations, and
may cause the order to vacate to be carried out at the
expense of the city. A statement of the cost of such
work shall be transmitted to the city council who shall
cause the cost to be paid and assess such cost against
the property. (Ord. No. 13-63, § 3.8, 6-17-63)
1208
(5)
§ 20-26 HOUSING § 20-40
Sec. 20-26. Health officer's right to demolish condemned build-
ings.
The health officer may cause any vacant building or struc-
ture to be demolished and removed at the expense of the
city after violation notices and orders for condemnation in a
manner provided in sections 20-19, 20-24 and 20-25 when these
buildings or structures constitute a menace to the public
health, safety or welfare. A statement of the cost of such
work shall be transmitted to the city council, who shall cause
the same to be paid and shall assess such cost against the
property. (Ord. No. 13-63, § 3.10, 6-17-63)
Sec. 20-27. Unauthorized removal of placards and notices.
No person shall interfere with, obstruct, mutilate, deface
or remove the official notice or placard from any dwelling
or dwelling unit. (Ord. No. 13-63, § 3.11, 6-17-63)
Sec. 20-28. Assessment of enforcement costs against property.
Costs incurred under sections 20-21, 20-25(6) and 20-26
shall be paid out of the city treasury. Such costs shall be
charged to the owner of the premises involved and such costs
shall be assessed against the property. (Ord. No. 13-63, § 3.12,
6-17-63)
Sec. 20-29. Certificate of compliance.
No building constructed as or altered into a dwelling shall
be occupied in whole or in part for human habitation until
the issuance of a certificate by the health officer that such
dwelling substantially conforms in all respects to the require-
ments of this chapter. Such certificate shall be issued within
fifteen (15) days after written application therefor if such
dwelling at the date of such application shall be entitled there-
to. (Ord. No. 13-63, § 6.10, 6-17-63)
Secs. 20-30-20-40. Reserved.
1209
§: 20-_41 DUBUQUE CODE § 20-49
ARTICLE III. MINIMUM STANDARDS
DIVISION 1. GENERALLY
Sec. 20-41. Egress.
Every dwelling unit or guest room shall have access directly
to the outside or to a public corridor. For each dwelling unit
of every multiple dwelling above the second story there shall
be access to two (2) separate usable, unobstructed means of
egress either of which is accessible without passing through
the other, and every exit from such dwelling units shall lead
to a public thoroughfare either directly or through a court
or yard. (Ord. No. 13-63, § 8.1, 6-17-63)
Secs., 20-42-20-47. Reserved.
DIVISION 2. SAFE AND SANITARY MAINTENANCE OF
DWELLINGS AND NO'N-DWELLING STRUCTURES*
Sec. 20-48. Compliance with division prerequisite to occupancy
or leasing.
No person shall occupy as owner -occupant or let to another
for occupancy any dwelling, dwelling unit, rooming house or
guest room which does not comply with the minimum stand-
ards for safe and sanitary maintenance set out in this division.
(Ord. No. 13-63, § 7.0, 6-17-63)
Sec. 20-49. Foundations, exterior walls and roofs.
Every foundation, exterior wall and roof shall be substan-
tially weathertight, watertight and rodent proof ; shall be kept
in sound condition and good repair; shall be capable of afford-
ing privacy: and shall be safe to use and capable of supporting
the load which normal use may cause to be placed thereon.
(Ord. No. 13-63, § 7.1, 6-17-63)
*Cross reference—Rat control and business buildings, Ch. 24, Art. V.
1210
§ 20-50 HOUSING
§ 20-55
Sec. 20-50. Floors, interior walls and ceiling.,.
Every floor, interior wall and ceiling shall be substantially
rodent proof ; shall be kept in sound condition and good repair;
and shall be safe to use and capable of supporting the load
which normal use may cause to be placed thereon. (Ord. No.
13-63, § 7.2, 6-17-63)
Sec. 20-51. Windows, exterior doors and basement hatchways,
Every window, exterior door and basement or cellar door
and hatchway shall be substantially weathertight, watertight
and rodent proof and shall be kept in sound working condi-
tion and good repair. (Ord. No. 13-63, •§ 7.3, 6-17-63)
Sec. 20-52. Stairways and porches.
Every inside and outside stair, porch, and any appurtenance
thereto shall be safe to use and capable of supporting . the
load that normal use may cause to be placed thereon; and;
shall be kept in sound condition and good repair. (Ord. No.
13-63, § 7.4, 6-17-63)
Sec. 20-53. Plumbing fixtures.
Every plumbing fixture and water and waste pipe shall be
properly installed and maintained in good sanitary working
condition, free from defects, leaks and obstructions and in
accordance with the plumbing code of the city. (Ord. No,
13-63, § 7.5, 6-17-63)
Cross reference—Plumbing, Ch. 30.
Sec. 20-54. Bathroom floor.
Every water closet compartment floor surface and bathroom
floor surface shall be constructed and maintained so as to be
substantially. impervious to water and so as to permit such
floor tobe easily kept in a clean and sanitary condition. (Ord.
No. 13-63, § 7.6, 6-17-63)
Sec. 20-55. Drains.
All rain water shall be so drained from every roof so as
not to cause dampness in the walls, ceilings or floors of any
1211:
§ 20-55 DUBUQUE C''ODE, § 20-60
habitable room, or of any bathroom or water closet compart-
ment. (Ord. No. 13-63, § 7.7, 6-17-63)
Sec. 20-56. Exterior wood surfaces.
All exterior wood surfaces shall be adequately protected
from water seepage and against deterioration with a paint
covering or some other suitable material. (Ord. No. 13-63,
§ 7.8, 6-17-63)
Sec. 20-57. Walls, ceiling and interior woodwork.
All walls, ceilings, interior woodwork, doors and windows
shall be kept free from flaking, peeling or loose paint. (Ord.
No. 13-63, § 7.9, 6-17-63)
Sec. 20-58. Maintenance of equipment and utilities.
Every supplied facility, piece of equipment or utility which
is required under this chapter, and every chimney and flue
pipe shall be so constructed and installed that it will function
safely and effectively and shall be maintained in sound work-
ing condition. (Ord. No. 13-63, § 7.10, 6-17-63)
Sec. 20-59. Cooking equipment.
No owner, operator or occupant shall furnish or use any
cooking equipment which does not comply with the following
minimum standards :
(1) Every piece of cooking equipment shall be so con-
structed and installed that it will function safely and
effectively and shall be maintained in sound working
condition.
(2) Portable cooking equipment employing flame and cook-
ing equipment using gasoline or kerosene as fuel for
cooking are prohibited. (Ord. No. 13-63, § 7.11, 6-17-63).
Sec. 20-60. Removal of services, facilities, utilities or equip-
ment.
No owner, operator or occupant shall cause any service,
facility, equipment or utility which is required under this
1212
§ 20-60 HOUSING § 20-70
chapter to be removed from or shut off from or discontinued
for any occupied dwelling let or occupied by him, except for
such temporary interruption as may be necessary while actual
repairs or alterations are in process, or during temporary
emergencies when discontinuance of service is approved by
the health officer. (Ord. No. 13-63, § 7.12, 6-17-63)
Sec. 20-61. Occupancy of vacant dwelling.
No owner shall occupy or let to any other occupant any
vacant dwelling unit unless it is clean, sanitary and fit for
human occupancy. (Ord. No. 13-63, § 7.13, 6-17-63)
Sec. 20-62. Non -dwelling structures and fences.
Every non -dwelling structure and fence shall be properly
maintained and kept in good repair or shall be removed. (Ord,.
No. 13-63, § 7.14, 6-17-63)
Secs. 20-63-20-68. Reserved.
DIVISION 3. BASIC EQUIPMENT AND FACILITIES
Sec. 20-69. Compliance with division prerequisite to occupancy
or leasing.
No person shall occupy as owner -occupant or shall let to
another for occupancy any dwelling or dwelling unit, for the
purpose of living, sleeping, cooking or eating therein, which
does not comply with the requirements of this division. (Ord.
No. 13-63, § 4.0, 6-17-63)
Sec. 20-70. Kitchen facilities.
Every dwelling unit shall contain a room or space for the
storage, preparation and cooking of food, which shall include
space for a stove or other cooking facilities and space for dry
food storage,. and space for refrigerated food storage; and
shall include a kitchen sink installed. The sink shall be of non-
absorbent material, in good working condition and properly
connected to a hot ' and cold running water system under
1213
§ :.20-70 DUBUQUE CODE
§ 20-72
pressure and an approved sewer system, which sink and sys-
tem shall be installed and maintained in a manner prescribed
by ordinances, rules and regulations of the city. (Ord. No..
13-63, § 4.1, 6-17-63)
Sec. 20-71. Lavatory facilities.
Every dwelling unit, except as otherwise permitted under
section 20-72, shall be equipped with a complete bathroom
group consisting of a flush water closet, lavatory basin, and
bathtub or shower in good working condition . and installed
and maintained in a manner prescribed by, ordinances, rules
and regulations of the city. Such fixture group shall be prop-
erly connected to an approved sewer system and to an ap-
proved hot and cold running water system under pressure,
except that the flush water closet shall be connected to an
approved sewer system and to an approved cold running water
system under pressure. The flush water closet, lavatory basin
and bathtub or shower need not be installed in the same room,
but any such room or rooms shall afford privacy to a person
within such room. (Ord. No. 13-63, § 4.2, 6-17-63)
Sec. 20-72. Sharing of sanitation facilities.
The occupants of not more than two (2) dwelling units
which are located in the same dwelling may share a single
flush water closet, a single lavatory basin and a single bath-
tub or shower provided:
(1)
Neither of the two (2) dwelling units contain more
than two (2) rooms, however, for the purpose of this
subsection, a kitchenette or an efficiency kitchen with
not more than sixty (60) square feet of floor area
shall not be counted as a room.
(2) The habitable room area of each of such dwelling units
shall equal not more than two hundred fifty (250)
square feet of floor area.
(3) The water closet, lavatory basin and bathtub or shower
shall be in good working condition, installed and main-
tained, and properly connected as required in section
20-71.
1214
§ 20-72 HOUSING § 20-74
(4) The shower facility or facilities shall be located within
the dwelling so as to be accessible from a common hall
or passageway to all persons sharing such facility or
facilities, and that:
(5) The shower facility or facilities are contained within a
room or rooms, separate from the habitable rooms,
which affords privacy and which is accessible to the
occupants of each dwelling unit without going through
the dwelling unit of another person or outside the
dwelling. (Ord. No. 13-63, § 4.3, 6-17-63)
Sec. 20-73. Rubbish storage and garbage disposal.
Every dwelling unit shall have adequate rubbish and gar-
bage storage containers in which to place the garbage and
rubbish produced therein. The containers shall be of approved
type not more than twenty (20) gallon capacity, equipped
with tight covers and adequate handles. In lieu of a garbage
container, a dwelling unit may be equipped with a fuel fired
incinerator provided it is properly vented into the chimney
of the building and is capable of reducing an objectionable
odor in the neighborhood ; or a garbage disposal unit con-
nected with an integral part of the sewerage system of the
building and capable of reducing all garbage deposited therein
to particles no greater than one-half (1/2) inch in any dimen-
sion. (Ord. No. 13-63, § 4.4, 6-17-63)
Cross reference—Garbage, trash and refuse, Ch. 17.
Sec. 20-74. Water -heating facilities..
Every dwelling unit shall have supplied water -heating facili-
ties which are properly installed, maintained in safe andgood
working condition, properly connected with hot water lines
required under sections 20-70, 20-71 and 20-72 of this division,
and are capable of heating water to such a temperature as
to permit an adequate amount of water to be drawn at every
required kitchen sink, lavatory basin, bathtub or shower at
a temperature of not less than one hundred twenty (120)
degrees Fahrenheit even when the heating facilities required by
this chapter are not in operation. (Ord. No. 13-63, § 4.5, 6-
17-63)
1215
§ 20-75
DUBUQUE CODE § 20-81
Sec. 20-75. Additional facilities for rooming houses.
No rooming house shall be occupied unless all of the follow-
ing conditions are complied with:
(a) Lavatories. Every rooming house shall be equipped
with at least one flush water closet, one lavatory basin
and one bathtub or shower for each six (6) persons
or fraction thereof living within the rooming house,
including members of the family of the owner or oper-
ator if they share the use of facilities. In a rooming
house in which rooms are let only to males, flush
urinals may be substituted for not more than one-half
(1/2) the required number of water closets. All such
facilities shall be properly connected to approved water
and sewerage systems. No such facilities located in a
basement or cellar shall count in computing the num-
ber of facilities required by this section except when
approved by the health officer. Every flush water
closet, flush urinal, lavatory basin and bathtub or
shower required by this subsection shall be located
within the rooming house in a room or rooms which:
(1) Afford privacy and are separate from the habit-
able rooms.
(2) Are accessible from a common hall and without
going outside the rooming house.
(3) Are notmore than one story removed fromthe
rooming unit or any occupant intended to share
facilities.
(b) Bedding and towels. Where bedding, bedlinen or towels
are supplied, the owners or operators shall maintain
the bedding in a clean and sanitary manner, and shall
furnish clean bed linen and towels at least once each
week and prior to the letting of any room to any occu-
pant. (Ord. No. 13-63, § 4.6, 6-17-63)
Secs. 20-76-20-81.. Reserved.
1216
§ 20-82 HOUSING § 20-84
DIVISION 4. LIGHT, VENTILATION AND HEATING
Sec. 20-82. Compliance with division prerequisite to occupancy
or leasing.
No person shall occupy as owner -occupant or let to another
for occupancy any dwelling, rooming house, dwelling unit, or
rooming unit which does not comply with the minimum stand-
ards for ventilation, light and heating of this division. (Ord.
No. 13-63, § 5.0, 6-17-63)
Sec. 20-83. Windows.
Every habitable room shall have at least one window facing
directly to the outdoors. The minimum total window area for
every habitable room shall be not less than one-tenth (1/10)
of the floor area of such room nor less than ten (10) square
feet whichever is greater. Wherever walls or other portions
of structures face a window of any such room and such light -
obstructing structures are located less than three (3) feet
from the window and extend to a level above that of the
ceiling of the room, such a window shall not be deemed to
face directly to the outdoors and shall not be included as
contributing to the required minimum total window area.
Whenever the only window in a room is a skylight type win-
dow in the top of such room, the total window area of such
skylight shall equal at least fifteen (15) per cent of the total
floor area of such room. (Ord. No. 13-63, § 5.1, 6-17-63)
Sec. 20-84. Electric lighting.
Every habitable room shall contain at least two (2) separate
wall -type electric convenience outlets, or one such convenience
outlet and one supplied ceiling type electric light fixture, and
every bathroom, water closet compartment, laundry room, fur-
nace room, and public hall shall contain at least one supplied
ceiling or wall -type electric light fixture. Every such outlet
and fixture shall be in working condition and installed in
accordance with the requirements of the city electric code or
the National Electrical Code. (Ord. No. 13-63, § 5.2, 6-17-63)
1217
§ 20-85 DUBUQUE CODE § 20-88
Sec. 20-85. Lighting of public halls.
Every public hall and stairway in every multiple dwelling
and rooming house shall be adequately lighted with lighting
facilities sufficient to provide at least three (3) foot-candles
of light at the floor or stair tread level at all times. Every
public hall and stairway in a structure containing not more
than four (4) dwelling units may be supplied with conven-
iently located light switches controlling an adequate lighting
system which may be turned on when needed instead of full-
time lighting. (Ord. No. 13-63, § 5.3, 6-17-63)
Sec. 20-86. Lighting of bathrooms.
Every bathroom and water closet compartment shall con-
form to the lighting requirements for habitable rooms. (Ord.
No. 13-63, § 5.4, 6-17-63)
Sec. 20-87. Ventilation—Generally.
Every habitable room shall have at least one window or sky-
light opening directly to the outdoors which can easily be
opened, or such other device as will adequately ventilate the
room. The total of openable window area in every habitable
room shall be equal to one-half of the minimum total window
area required in section 20-83, except where there is supplied
some other device affording adequate ventilation and in accord-
ance with the applicable code of the city. (Ord. No. 13-63,
§ 5.5, 6-17-63)
Sec. 20-88. Same—Bathrooms.
Every bathroom and water closet compartment shall comply
with the light and ventilation requirements for habitable
rooms contained in sections 20-83, 20-84 and 20-87 of this
division, except where the bathroom or water closet compart-
ment is adequately ventilated by a ventilation system which
is kept in continuous or automatic operation and in accordance
with the applicable codes of the city. (Ord. No. 13-63, § 5.6,
6-17-63)
1218
§ 20-89 HOUSING § 20-92
Sec. 20-89. Screening.
From April fifteenth to October fifteenth of each year, as
protection against mosquitoes, flies and other insects, every
door opening directly from a dwelling or rooming unit to out-
door space shall have supplied screens and a self-closing de-
vice, and every window or other device with openings to
outdoor space, used or intended to be used for ventilation,
shall likewise be supplied with screens. (Ord. No. 13-63, § 5.7,
6-17-63)
Sec. 20-90. Screens on basement windows.
Every basement or cellar window used for or intended to
be used for ventilation, and every other opening to a basement
which might provide an entry for rodents, shall be supplied
with a screen or such other device as will effectively prevent
their entrance. (Ord. No. 13-63, § 5.8, 6-17-63)
Sec. 20-91. Heating.
Every dwelling shall have heating facilities which are prop-
erly installed, maintained in good working condition and are
capable of safely and adequately heating all habitable rooms,
bathrooms and water closet compartments in every dwelling
unit located therein to a temperature of at least seventy (70)
degrees Fahrenheit at a distance of three (3) feet above floor
level, when the outside temperature is minus fifteen de-
grees Fahrenheit. Such facilities shall be installed and main-
tained in a safe condition and in accordance with the city
heating, ventilating, air-conditioning and refrigeration code.
and all other applicable laws. No unvented or open flame gas
heater shall be permitted. All heating devices or appliances
shall be of an approved type. (Ord. No. 13-63, § 5.9, 6-17-63)
Sec. 20-92. Heat furnished.
Every owner of a dwelling containing two (2) or more.
dwelling or rooming units where central heating is furnished
shall supply enough heat to all dwelling or rooming units..
during occupancy from September fifteenth to June fifteenth
1219
§ 20-92
DUBUQUE CODE § 20-101
so that the temperature of each room is at least sixty (60)
degrees Fahrenheit at 6:30 a.m.; sixty-five (65) degrees
Fahrenheit at 7:30 a.m. and seventy (70) degrees Fahrenheit
from 8:30 a.m. to 10:30 p.m. (Ord. No. 13-63, § 5.10, 6-17-63)
Secs. 20-93-20-98. Reserved.
DIVISION 5. SPACE, USE AND LOCATION
REQUIREMENT'S*
Sec. 20-99. Compliance with division prerequisite to occupancy
or leasing.
No person shall occupy or let to another for occupancy any
dwelling or dwelling unit, for the purpose of living therein,
which does not comply with the minimum standards of this
division. (Ord. No. 13-63, § 6.0, 6-17-63)
Sec. 20-100. Size—Dwelling unit.
Every dwelling unit shall contain at least one hundred fifty
(150) square feet of floor space for the first occupant thereof
and at least one hundred (100) additional square feet of floor
area for every additional occupant thereof, the floor space to
be calculated on the basis of total habitable room area. (Ord.
No. 13-63, § 6.1, 6-17-63)
Sec. 20-101. Same—Rooms.
In every dwelling unit every habitable room shall contain
at least eighty (80) square feet of floor area, except that
kitchens, kitchenettes and dinettes may be sixty (60) square
feet in area. In every dwelling unit of two (2) or more rooms,
every room occupied for sleeping purposes by one occupant
shall contain at least eighty (80) square feet of floor space
and every room occupied for sleeping purposes by more than
one occupant shall contain at least fifty (50) square feet of
floor space for each occupant thereof. Every room used as a
living room shall have a minimum dimension of not less than
*Cross reference—Zoning regulations, App. A.
1220
§ 20-101 HOUSING § 20-104
ten (10) feet. Every other habitable room, except a kitchen,
shall have a minimum dimension of not less than seven (7)
feet. (Ord. No. 13-63, § 6.2, 6-17-63)
Sec. 20-102. Ceiling height.
At least one-half (1/2) of the floor area of every habitable
room shall have a ceiling height of at least eight (8) feet.
The floor area of that part of any room where the ceiling
height is less than five (5) feet or when the room width is
less than seven (7) feet shall not be considered in computing
the usable floor area of the room for the purpose of deter-
mining the maximum permissible occupancy thereof. (Ord.
No. 13-63, § 6.3, 6-17-63)
Sec. 20-103. Privacy.
Access to all rooms of a dwelling unit shall be provided
without passing through a public corridor or passageway.
Access to every living room and to every bedroom shall be
made without passing through a bedroom or through a room
containing a water closet. In one and two (2) family dwellings,
the provisions of this section shall not apply to a sleeping
porch, sun parlor, solarium or any other enclosed outside porch
adjacent to and entered by way of a bedroom. (Ord. No. 13-63,
§ 6.4, 6-17-63)
Sec. 20-104. Cellars and basements.
In buildings erected prior to June 17, 1963 and in buildings
thereafter erected, no room in the cellar shall be occupied for
living purposes. A basement in buildings erected prior to the
passage of this ordinance and in buildings hereafter erected,
to be habitable, must have proper light and ventilation and
be waterproof and rodent proof. Basement living rooms shall
have a ceiling height of not less than seven (7) feet in the
clear. The ceiling shall be not less than three (3) feet, six (6)
inches above the level of the grade on the outside. The re-
quired toilet facilities shall be adjacent to and readily accessi-
ble to the basement living rooms. The floor shall be water-
proof and dampproof. Walls and ceiling shall. be finished in
1221
§ 20-104
DUBUQUE CODE § 20-108
a light color. Light and ventilation shall be as provided for
in sections 20-84 and 20-87. No gas service pipe entrance shall
be located in a basement sleeping room. No basement may be
occupied for living purposes if the floor level is below the
invert of the house sewer. (Ord. No. 13-63, § 6.5, 6-17-63)
Sec. 20-105. Joint use of kitchen facilities by more than one
family prohibited.
No kitchen or cooking accommodations shall be permitted
or maintained in any room or space of any building for the
common or joint use of the individual occupants of a two (2)
family or multiple family dwelling. (Ord. No. 13-63, § 6.6,
6-17-63)
Sec. 20-106. Keeping of animals.
No horse, cow, calf, swine, sheep, goat, chickens, geese,
ducks, donkey, rabbits or pigeons shall be kept in any dwelling
or part thereof. The keeping of sheep, rabbits, goats or cattle
is prohibited except on premises containing over one acre, and
except within an enclosure distant at least fifty (50) feet
from any side lot line or any street line. Poultry shall not be
kept other than within an enclosure distant at least ten (10)
feet from any side lot line and at least fifty (50) feet from
any street line or dwelling. (Ord. No. 13-63, § 6.7, 6-17-63)
Sec. 20-107. Storage of junk.
No dwelling, or the lot or premises thereof, shall be used
for the storage or handling of rags or junk. (Ord. No. 13-63,
§ 6.7, 6-17-63)
Sec. 20-108. Temporary dwellings.
It shall be unlawful to erect or occupy any structure which
is intended to be occupied in whole or part as a temporary
dwelling unless it complies with all the provisions of this
chapter. (Ord. No. 13-63, § 6.8, 6-17-63)
1222
§ 20-109 HOUSING § 20-124
Sec. 20-109. Access to public street.
Every dwelling shall have direct vehicular access to a public
street or a recorded, permanent, unobstructed easement, other
than an alley, not less than twenty-five (25) feet in width
which leads to a public street. (Ord. No. 13-63, § 6.9, 6-17-63)
Sec. 20-110. Unlawful occupancy.
If any building constructed as or altered into a dwelling is
occupied in whole or in part for human habitation in violation
of section 20-29, during such unlawful occupation no rent
shall be recoverable by the owner or lessee of such premises
for such period, and no action or special proceedings shall be
maintained therefor for payment of such for possession of
said premises for non -rent, and said premises shall be deemed
unfit for human habitation and the health officer may cause
them to be vacated accordingly. (Ord. No. 13-63, § 6.11,
6-17-63)
Secs. 20-111-20-121. Reserved.
ARTICLE IV. DUTIES OF OWNERS AND OCCUPANTS
Sec. 20-122. Generally.
The responsibilities of owners, operators and occupants set
out in this article are in addition to those specified elsewhere
throughout this chapter. (Ord. No. 13-63, § 9.0, 6-17-63)
Sec. 20-123. Public areas.
Every owner or operator of a dwelling containing more than
two (2) dwelling units or rooming houses shall be responsible
for maintaining in a clean and sanitary condition the shared
or public areas of thedwelling and premises thereof. In all
other cases it shall be the responsibility of the occupant. (Ord.
No. 13-63, § 9.1, 6-17-63)
Sec. 20-124. Dwelling unit.
Every occupant of a dwelling, dwelling unit or rooming unit
shall maintain in a clean and sanitary condition that part of
1223
§ 20-124
DUBUQUE . CODE § 20-127
the dwelling, dwelling unit and premises which he occupies
and controls. (Ord. No. 13-63, § 9.2, 6-17-63)
Sec. 20-125. Supplied facilities.
Every occupant of a dwelling unit shall keep all supplied
facilities, including plumbing fixtures and cooking equipment
in a clean and sanitary condition and shall be responsible for
the exercise of reasonable care in their proper use and opera-
tion. (Ord. No. 13-63, § 9.3, 6-17-63)
Sec. 20-126. Removal of waste matter.
Every occupant of a dwelling unit shall dispose of all rub-
bish, ashes, garbage and other organic waste, which might
provide food for rodents, in a clean and sanitary manner by
placing it in garbage disposal facilities or garbage storage
containers or rubbish containers, required in section 20-73 of
this chapter. Every occupant shall provide such facilities for
and within his dwelling unit and shall maintain them in a
clean and sanitary manner. The owner or operator of a dwell-
ing containing more than two (2) dwelling units shall be
responsible for the clean and sanitary maintenance of common
storage or disposal facilities. He shall be responsible further
for placing out for collection of all common garbage and rub-
bish containers, except where such facilities are for the sole
use of an occupant, under which circumstances it shall be the
responsibility of the occupant to place these containers out
for collection. Every owner or operator of every rooming house
shall dispose of all rubbish in a clean and sanitary manner
by placing it in storage or disposal facilities required by
section 20-86. (Ord. No. 13-63, § 9.4, 6-17-63)
Sec. 20-127. Screens.
Every owner or operator of a dwelling unit containing more
than two (2) dwelling units shall be responsible for hanging
and removing all supplied screens, screen doors or storm doors
or windows. In all other cases, it shall be the responsibility of
the occupant. (Ord. No. 13-63, § 9.5, 6-17-63)
1224
§ 20-128 HIOUSING § 20-141
Sec. 20-128. Extermination of pests.
Every occupant of a dwelling containing a single dwelling
unit shall be responsible for the extermination of any insects,
rodents or other pests therein or on the premises. Every
occupant of a dwelling containing more than one dwelling unit
shall be responsible for such extermination whenever his
dwelling unit is the only one infested. When however, infesta-
tion is caused by failure of the owner or operator to maintain
a dwelling in a rodent proof or substantially insect -proof con-
dition, extermination shall be the responsibility of the owner
or operator. Whenever infestation exists in two (2) or more
of the dwelling units in any dwelling or in the shared or public
parts of any dwelling containing two (2) or more dwelling
units, extermination shall be the responsibility of the owner
or operator. Every owner or operator of a rooming house shall
be responsible for the extermination of any insects, rodents
or other pests therein or on the premises. (Ord. No. 13-63,
§ 9.6, 6-17-63)
Sec. 20-129. Notice of maximum occupancy.
Every owner or operator shall advise the occupant in writing
either by insertion in the lease between the parties or other-
wise of the maximum number of occupants permitted in the
occupied premises under this chapter. (Ord. No. 13-63, § 9.7,
6-17-63)
Secs. 20-130--20-140. Reserved.
ARTICLE V. ROOMING HOUSES, HOTELS AND MOTELS*
Sec. 20-141. Compliance with chapter prerequisite to opera-
tion, occupancy or leasing; exception.
No person shall operate a rooming house, hotel or motel,
or shall occupy or let to another for occupancy any rooming
unit in any rooming house, hotel or motel except in accordance
*Cross reference -Licenses and miscellaneous business regulations,
Ch. 24.
1225
§ 20-141
DUBUQUE CODE § 20-144
with the provisions of every section of . these regulations
except the provisions of article III, division 3 and article. IV
of this chapter. (Ord. No. 13-63, § 10.0, 6-17-63)l
Sec. 20-142. Basic equipment.
Every rooming house, hotel or motel shall be equipped with
at least one flush water closet, one lavatory basin and one
bathtub or shower, properly connected to a water and sewer
system approved by the health officer and in good working
condition. These facilities shall be supplied for each six (6)
persons or fraction thereof residing within a rooming house,
including members of the operator's family if they share the
use of the facilities. In a rooming house, hotel or motel, in
which rooms are let only to males, flush urinals may be sub-
stituted for not more than one-half (1/2) the required number
of water closets. All such facilities shall be so located within
the rooming house, hotel or motel, as to be accessible from a
common hall to all persons sharing such facilities, afford pri-
vacy, and be separated from the habitable rooms. Every
lavatory basin and bathtub shall be supplied with hot water
at all times. No such facilities shall be located in a basement
except by written approval of the health officer. No person
shall use any portion of any multiple dwelling or rooming
house as a place of storage for any article or material that
is combustible or highly flammable, dangerous or detrimental
to health, or so placed that it impedes egress. (Ord. No.
13-63, § 10.1, 6-17-63)
Sec. 20-143. Bedding, bed linen and towels.
The owner or operator of every rooming house, hotel or
motel, shall maintain the supplied bedding in a clean and
sanitary manner, shall change supplied bed linens and towels
therein at least once a week, and prior to the letting of any
room to any occupant. (Ord. No. 13-63, § 10.2, 6-17-63)
Sec. 20-144. Minimum space.
Every room occupied for sleeping purposes by one person
shall contain at least eighty (80) square feet of floor space,
1226
§ 20-144 HOUSING § 20-159
and every room occupied for sleeping purposes by more than
one person shall contain at least fifty (50) square feet of
floorspace for each occupant thereof. (Ord. No. 13-63, § 10.3,
6-17-63)
Sec. 20-145. Means of egress.
Every rooming unit in a rooming house, hotel or motel,
shall have safe, unobstructed means of egress leading to safe
and open space at ground level as required by the laws of
the state and the city. (Ord. No. 13-63, § 10.4, 6-17-63)
Sec. 20-146. Sanitary maintenance by owner.
The owner or operator of every rooming house, hotel or
motel, shall be responsible for the sanitary maintenance of
all walls, floors, ceilings and for maintenance of a sanitary
condition in every other part of the premises. He shall be
further responsible for the sanitary maintenance of the entire
premises where the entire structure is a building leased or
occupied by the operator. (Ord. No. 13-63, § 10.5, 6-17-63)
Sec. 20-147. Guest register.
The owner or operator of every rooming house, hotel or
motel, shall keep at all times in a convenient place a book or
register wherein persons applying for accommodations must
sign their name and place of residence before such accommo-
dations are furnished and such book or register shall be avail-
able for inspection by the health officer at all times. (Ord.
No. 13-63, § 10.6, 6-17-63)
Secs. 20-148-20-158. Reserved.
ARTICLE VI. PERMITS*
Sec. 20-159. Required.
No person shall operate a multiple dwelling, rooming house,
hotel or motel unless he holds a valid permit issued by the
*Cross reference—Licenses and miscellaneous business regulations,
Ch. 24.
1227
§ 20459 DUBUQUE CODE § 20472
city clerk in the name of the operator and for the specific
dwelling, rooming house, hotel or motel. Operation of a multi-
ple dwelling, rooming house, hotel or motel without a permit
shall be a violation of this chapter. (Ord. No. 13-63, §§ 11.1,
11.3, 6-17-63)
Sec. 20-160. Conditions for issuance.
No permit to operate a multiple dwelling, rooming house,
hotel or motel shall be issued unless the multiple dwelling,
rooming house, hotel or motel complies with all applicable
provisions of this chapter. (Ord. No. 13-63, § 11.2, 6-17-63)
Secs. 20-161-20-171. Reserved.
ARTICLE VII. UNFIT DWELLINGS*
Sec. 20-172. Enumerated.
Any building or portion thereof, including any dwelling,
dwelling unit, rooming house, rooming unit or the premises
on which the same is located, in which there exists any of the
following listed conditions to an extent that endangers the
health, safety and welfare of the public or the occupants
thereof shall be deemed and hereby is declared to be a sub-
standard building and shall be condemned as unfit for human.
habitation:
(a) Inadequate saxitation which shall include but not be
limited to the following:
(1) Lack of, or improper water closet, lavatory, bath-
tub or shower in a dwelling unit.
(2) Lack of, or improper water closets, lavatories, and
bathtubs or showers per numloer of persons in a
rooming house, hotel or motel.
(3) Lack of, or improper kitchen sink
*Cross reference—Repair, demolition and removal of unsafe buildings,
Ch. 10, Art. II.
1228
•
§ 20-172 HOUSING § 20-172
(4) Lack of hot and cold running water to plumbing
fixtures in a dwelling unit, rooming house, hotel
or motel. (Not exempt under section 20-70)
(5) Lack of adequate heating facilities.
(6) Lack, or improper operation of required ventilating
equipment.
(7) Lack of minimum amounts of light and ventilation
required by this chapter.
(8) Room and space dimensions less than required by
this chapter.
(9) Dampness of habitable rooms.
(10) Infestation of insects, vermin or rodents.
(11) General dilapidation or improper maintenance.
(12) Lack of connection to required sewage disposal
system.
(13) Improperly enclosed, ventilated or unsanitary
under floor areas.
(14) Lack of adequate garbage and rubbish storage and
removal facilities.
(b) Structural hazards which shall include but not be lim-
ited to the following:
(1) Deteriorated or inadequate foundations.
(2) Defective or deteriorated flooring or floor sup-
ports.
Flooring or floor supports of insufficient size to
carry imposed loads with safety.
(4) Members of walls, partitions or other vertical sup-
ports that split, lean, list or buckle due to defective
material or deterioration.
(3)
(5)
Members of walls, partitions or other vertical sup-
ports that are of insufficient size to carry imposed
loads with safety.
1229
§ 20472
(c)
DUBUQUE' CODE § 20472
(6) Members of ceilings, roofs, ceiling and roof sup-
ports or other horizontal members which sag, split
or buckle due to defective ,material or deteriora-
tion.
(7) Members of ceilings, roof, ceiling and roof sup-
ports, or other horizontal members that are of in-
sufficient size to carry imposed loads with safety.
(8) Fireplaces or chimneys which list, bulge or settle
due to defective material or deterioration, or which
are of insufficient size or strength to carry im-
posed loads with safety.
Nuisance. Any nuisance as defined in section 20-73 of
this chapter.
(d) Unfit dwelling. Any dwelling or dwelling unit unfit
for human habitation as deemed in section 20-3 of this
chapter.
(e) Hazardous wiring. All wiring except that which con-
formed with all applicable laws in effect at the time
of installation andwhich has been maintained in good
condition and is being used in a safe manner.
Hazardous plumbing. All plumbing except that which
is specifically allowed or approved by this chapter and
other applicable codes of the city, and which has been
maintained in good condition and which is free of cross
connections and siphonage between fixtures.
Hazardous mechanical equipment. All mechanical
equipment including vents, except that which con-
formed with all applicable laws in effect at the time
of installation and which has been maintained in good
and safe condition.
(h) Faulty weather protection which shall include but not
be limited to the following:
(1) Deteriorated, crumbling or loose plaster.
(2) Deteriorated or ineffective waterproofing of ex-
terior walls, roof, foundations or floors, including
broken windows or doors..
1230
(f)
(g)
§ 20-172 HOUSING § 20-172
(i)
(j)
(3) Defective or lack of weather protection for ex-
terior wall coverings, including lack of paint, or
weathering due to lack of paint or other approved
protective covering.
(4) Broken, rotted, split or buckled exterior wall cover-
ings or roof coverings.
Fire hazard. Any building or portion thereof, device,
apparatus, equipment, combustible waste, or vegetation
which in the opinion of the chief of the fire depart-
ment or his deputy, is in such a condition as to cause
a fire or explosion or provide a ready fuel to augment
the spread and intensity of fire or explosion arising
from any cause.
Faulty materials of construction. All materials of con-
struction except those which are specifically allowed
or approved by this chapter and the city building code,
and which have been adequately maintained in good
and safe condition.
(k) Hazardous or insanitary premises. Those premises on
which an accumulation of weeds, vegetation, junk, dead
organic matter, debris, garbage, offal, rat harborages,
stagnant water, combustible materials, and similar ma-
terials or conditions constitute fire, health or safety
hazards.
(1) Inadequate exits. All buildings or portions thereof not
provided with adequate exit facilities as required by
this chapter except those buildings or portions thereof
whose exit facilities conform with all applicable laws
at the time of their construction and which have been
adequately maintained and increased in relation to any
increase in occupant load, alteration or addition or any
change in occupancy.
(m) Inadequate fire protection or fire fighting equipment.
All buildings or portions thereof which are not pro-
vided with the fire resistive construction or fire extin-
guishing systems or equipment required by this chapter
except those buildings or portions thereof which con -
1231
§ 20-172
DUBUQUE CODE § 20-172
formed with all applicable laws at the time of their
construction and whose fire resistive integrity and fire
extinguishing systems or equipment have been ade-
quately maintained and improved in relation to any
increase in occupant load, alteration or addition, or
any change of occupancy.
(n) Improper occupancy. All buildings or portions thereof
occupied for living, sleeping, cooking or eating purposes
which were not designed or intended to be used for
such occupancies. (Ord. No. 13-63, § 12.1, 6-17-63)
[The next page is 1283]
1232
Chapter 21
HUMAN RELATIONS*
Art. I. In General, §§ 21-1-21-15
Art. II. Human Rights Commission, §§ 21-16-21-38
Art. III. Unfair and Discriminatory Practices, §§ 21-39-21-76
Div. 1. Generally, §§ 21-39-21-47
Div. 2. Accommodations or Services, §§ 21-48-21-55
Div. 3. Employment Practices, §§ 21-56-21-63
Div. 4. Housing, §§ 21-64-21-66
Div. 5. Credit, §§ 21-67-21-76
Art. IV. Enforcement of Civil Rights, §§ 21-77-21-87
ARTICLE I. IN GENERAL
Sec. 21-1. Defiinitions.
When used in this chapter, unless the context otherwise
requires :
Commission means the Dubuque Human Rights Commission
created by article II of this chapter.
Commissioner means a member of the commission created
by article II of this chapter.
Court means the district court in and for the judicial dis-
trict of the State of Iowa in which the alleged unfair or
discriminatory practice occurred or any judge of such court
if the court is not in session at that time.
Disability means the physical or mental condition of a per-
son which constitutes a substantial handicap. In reference to.
employment, under this chapter, "disability" also means the
physical or mental condition of a person which constitutes a
substantial handicap, but is unrelated to such person's ability
to engage in a particular occupation.
Employee means any person employed by an employer.
Employer means the state or any political subdivision,
board, commission, department, institution, or school district
*State law references—State civil rights commission, I.C.A. § 601A.1
et seq.; local regulations, I.C.A. § 601A.12.
Supp. No. 2
1283
§ 21-1 DUBUQUE CODE § 21-15
thereof, and every other person employing employees within
the state.
Employment agency means any person undertaking to pro-
cure employees or opportunities to work for any other person
or any person holding himself or itself to be equipped to do so.
Labor organization means any organnization which exists
for the purpose in whole or in part of collective bargaining,
of dealing with employers concerning grievances, terms or
conditions of employment, or of other mutual aid or protec-
tion in connection with employment.
Person means one or more individuals, partnerships, asso-
ciations, corporations, legal representatives, trustees, receiv-
ers, and the state and all political subdivisions and agencies
thereof.
Public accommodation means each and every place, estab-
lishment, or facility of .whatever kind, nature, or class that
caters or offers services, facilities, or goods to the general
public for a fee or charge, provided that any place, establish-
ment, or facility that caters or offers services, facilities, or
goods to the general public gratuitously shall be deemed a
public accommodation if the accommodation receives any sub-
stantial governmental support or subsidy. Public accommoda-
tion shall not mean any bona fide private club or other place,
establishment, or facility which is by its nature distinctly
private, except when such distinctly private place, establish-
ment, or facility caters or offers services, facilities, or goods
to the general public for a fee or charge or gratuitously, it
shall be deemed a public accommodation during such period.
Unfair practice or discriminatory practice means those
practices specified as unfair or discriminatory in article III
of this chapter. (Ord. No. 61-71, § 100, 12-6-71; Ord. No.
22-77, § 1,4-18-77)
Cross reference—Rules of construction and definitions generally, § 1-2.
Secs. 21-2-21-15. Reserved.
Supp. No. 2
1284
§ 21-23 HUMAN RELATIONS § 21-26
(2) The commission shall hold a closed session for con-
sideration of any charge or complaint, as provided in
article IV of this chapter, and for deliberation in con-
nection with a public hearing held pursuant to com-
plaint filed by the commission. (Ord. No. 61-71, §§ 104,
105, 12-6-71; Ord. No. 22-77, § 2, 4-18-77)
Sec. 21-24. Quorum.
A quorum of the commission shall be five (5) members.
A majority of the members present and voting shall be neces-
sary for the passage of any motion. The chairman shall vote
as a member of the commission. (Ord. No. 61-71, § 104,
12-6-71)
Sec. 21-25. Records to be public; exceptions.
All records of the commission shall be public except:
(1) Charges, complaints, reports of investigations, state-
ments and other documents or records obtained in inves-
tigation of any charges shall be closed records; and
(2) The minutes of any session which is closed under the
provisions of section 21-24(c) (2) shall be closed rec-
ords. (Ord. No. 61-71, § 105, 12-6-71)
Sec. 21-26. Confidentiality of complaints, etc.
No member of the commission or of its staff shall disclose
the filing of a charge, the information gathered during the
investigation, or the endeavors to eliminate such discrimina-
tory or unfair practice by conference, conciliation, or persua-
sion, unless such disclosure is made in connection with the
conduct of such investigation or after the commission has
held a public hearing upon a complaint filed in connection
with such charge. This section does not prevent any com-
plainant, witness, or other person from publicizing the filing
of a charge or complaint or the matter therein complained of.
(Ord. No. 61-71, § 105, 12-6-71)
Supp. No. 2
1287
§ 21-27 DUBUQUE CODE § 21-27
Sec. 21-27. Powers and duties.
The commission created by this article shall have the follow-
ing powers and duties :
(1) To receive, investigate, and pass upon charges or com-
plaints alleging unfair or discriminatory practices, as
provided in article IV of this chapter.
(2) To investigate and study the existence, character,
causes, and extent of discrimination in public accom-
modations, employment, apprenticeship programs, on-
the-job training programs, vocational schools, and other
educational institutions, and housing in this city and
to attempt the elimination of such discrimination by
education and conciliation.
(3) To appoint and prescribe the duties of a director and
such investigators and other employees and agents as
the commission shall deem necessary for the enforce-
ment of this chapter subject to budget limitations.
(4) To hold hearings upon any complaint made against a
person, an employer, an employment agency, or a labor
organization, or the employees or members thereof, to
subpoena witnesses and compel their attendance at such
hearings, to administer oaths and take the testimony
of any person under oath, and to compel such person,
employer, employment agency, or labor organization, or
employees or members thereof to produce for examina-
tion any books and papers relating to any matter in-
volved in such complaint. The commission shall issue
subpoenas for witnesses in the same manner and for
the same purpose on behalf of the respondent upon his
request. Such hearings may be held by the commission,
by any commissioner, or by any hearing examiner
appointed by the commission. If a witness either fails
or refuses to obey a subpoena issued by the commission,
the commission may petition the district court having
jurisdiction for issuance of a subpoena and the court
shall, in a proper case, issue the subpoena. Refusal to
obey such subpoena shall be subject to punishment for
contempt.
Supp. No. 2
1288
§ 21-27 HUMAN RELATIONS § 21-38
(5) To issue such publication and reports of investigations
and research as in the judgment of the commission
shall tend to promote good will among the various
protected groups under this chapter which shall tend
to minimize or eliminate discrimination in public ac-
commodations, employment, apprenticeship and on-
the-job training programs, vocational schools, housing
or credit because of age, race, creed, color, sex, na-
tional origin, religion, ancestry, disability or marital
status.
(6) To prepare and transmit to the mayor and city council,
from time to time, but not less often than once each
year, reports describing its proceedings, investigations,
hearings conducted and the outcome thereof, decisions
rendered, and the other work. performed by the com-
mission.
(7) To make recommendations to the city council for such
further legislation concerning discrimination because
of race, creed, color, sex, national origin, religion, age,
disability, marital status or ancestry as it may deem
necessary and desirable.
(8) To cooperate, within the limits of any appropriations
made for its operation, with other agencies or organi-
zations, both public and private, whose purposes are
consistent with those of this chapter, and in the plan-
ning and conducting of programs designed to eliminate
racial, religious, cultural, and intergroup tensions.
(9) To adopt, publish, amend, and rescind regulations con-
sistent with and necessary for the enforcement of this
chapter. (Ord. No. 61-71, § 106, 12-6-71; Ord. No. 22-
77, §'§ 3, 4, 4-18-77)
Secs. 21-28-21-38. Reserved.
Supp. No. 2
1289
§ 21-39 DUBUQUE CODE § 21-40
ARTICLE III. UNFAIR AND DISCRIMINATORY
PRACTICES
DIVISION 1. GENERALLY
Sec. 21-39. Aiding or abetting.
It shall be an unfair or discriminatory practice for:
(1) Any person to intentionally aid, abet, compel or co-
erce another person to engage in any of the practices
declared unfair or discriminatory by this article.
(2) Any person to discriminate against another person in
any of the rights protected against discrimination on
the basis of race, creed, color, sex, national origin, re-
ligion, age, disability or marital status by this article
because such person has lawfully opposed any practice
forbidden under this article, obeys the provisions of
this article, or has filed a complaint, testified or as-
sisted in any proceeding under this chapter. (Ord.
No. 61-71, § 204, 12-6-71; Ord. No. 5-73, § 1, 1-29-73 ;
Ord. No. 22-77, § 7, 4-18-77)
Editor's note—Ord. No. 22-77, § 7, adopted April 18, 1977, amended the
Code by adding provisions designated as § 21-66. At the editor's discre-
tion, said provisions have been codified as amendatory of § 21-39, which
contained provisions similar to subsection (1) of the provisions of Ord.
No. 22-77.
Sec. 21-40. Discrimination against persons aiding in enforce-
ment of article prohibited.
It shall be unlawful for any person to discriminate against
another person in any of the rights . protected against dis-
crimination on the basis of race, creed, color, sex, national
origin, religion or disability by this article because such per-
son has lawfully opposed any practice forbidden under this
article, obeys the provisions of this article, or has filed a
complaint, testified, or assisted in any proceeding under this
chapter. (Ord. No. 61-71, § 204, 12-6-71; Ord. No. 5-73, § 1,
1-29-73)
Supp. No. 2
1290
§ 21-56 HUMAN RELATIONS § 21-64
not solicited for employment or membership, unless
based upon the nature of the occupation. (Ord. No.
61-71, § 202, 12-6-71; Ord. No. 4-73, § 3, 1-29-73 ; Ord.
No. 79-77, 3, 12-19-77)
Sec. 21-57. Exemptions from division.
This division shall not apply to :
(1) Any employer who regularly employs less than four (4)
individuals. For purposes of this subsection, individuals
who are members of the employer's family shall not be
counted as employees.
(2) The employment of individuals for work within the
home of the employer if the employer or members of
his family reside therein during such employment.
(3) The employment of individuals to render personal serv-
ice to the person of the employer or members of his
family.
(4) Any bona fide religious institution with respect to any
qualifications for employment based on religion when
such qualifications are related to a bona fide religious
purpose. (Ord. No. 61-71, § 202, 12-6-71; Ord. No. 4-73,
§ 3, 1-29-73)
Secs. 21-58-21-63. Reserved.
DIVISION 4. HOUSING
Sec. 21-64. Prohibited practices.
It shall be an unfair or discriminatory practice for any
owner, or person acting for an owner, of rights to housing or
real property, with or without compensation, including but not
limited to persons licensed as real estate brokers or salesman,
attorneys, auctioneers, agents or representatives by power of
attorney or appointment, or any person acting under court
order, deed of trust, or will:
Supp. No. 2
1293
§ 21-64 DUBUQUE CODE § 21-65
(1) To refuse to sell, rent, lease, assign, or sublease any
real property or housing accommodation or part, por-
tion or interest therein, to any person because of the
race, color, creed, age, religion, or disability, or na-
tional origin of such person.
(2) To discriminate against any person because of his race,
color, creed, sex, age, religion, national origin, or dis-
ability in the terms, conditions or privileges of the
sale, rental, lease assignment or sublease of any real
property or housing accommodation or any part, por-
tion or interest therein.
(3) To directly or indirectly advertise, or in any other
manner indicate or publicize that the purchase, rental,
lease assignment, or sublease of any real property or
housing accommodation or any part, portion or interest
therein, by persons of any particular race, color, creed,
sex, age, religion, national origin, or disability is un-
welcome, objectionable, not acceptable or not solicited.
(Ord. No. 61-71, § 203, 12-6-71; Ord. No. 4-73, § 3,
1-29-73 ; Ord. No. 22-77, § 5, 4-18-77 ; Ord. No. 79-77,
§ 4, 12-19-77)
Sec. 21-65. Exemptions from division.
The provisions of this division shall not apply to :
(1) Any bona fide religious institution with respect to any
qualifications it may impose based on religion when
such qualifications are related to a bona fide religious
purpose.
(2) The rental or leasing of a housing accommodation in a
building which contains housing accommodation for not
more than two (2) families living independently of each
other, if the owner or members of his family reside in
one of such accommodations.
(3) The rental or leasing of less than six (6) rooms within
a single housing accommodation by the occupant or
owner of such housing accommodation, if he or mem-
bers of his family reside therein.
Supp. No. 2 -
1294
§ 21-65 HUMAN RELATIONS § 21-76
(4) a. Restrictions based on sex on the rental or leasing
of housing accommodations by a nonprofit cor-
poration.
b. The rental or leasing of a housing accommodation
within which residents of both sexes must share
a common bathroom facility on the same floor of
the building. (Ord. No. 61-71, § 203, 12-6-71; Ord.
No. 4-73, § 3, 1-29-73 ; Ord. No. 22-77, § 6, 4-18-77)
Sec. 21-66. Reserved.
DIVISION 5. CREDIT
Sec. 21-67. Prohibited practices; exception.
(a) A creditor shall not refuse to enter into 'a consumer
credit transaction or impose finance charges or other terms
or conditions more onerous than those regularly extended by
that creditor to consumers of similar economic backgrounds
and current situation becauses of age, color, creed, national
origin, race, religion, marital status, sex, or physical disa-
bility.
(b) A person authorized or licensed to do business in this
state pursuant to chapters 524, 533, 534, 536, or 536A
of the State Code of Iowa shall not refuse to loan or extend
credit or impose terms or conditions more onerous than those
regularly extended to persons of similar economic back-
grounds because of age, color, creed, national origin, race,
religion, marital status, sex, or physical disability.
(c) Refusal by a creditor to offer credit, life or health and
accident insurance based upon the age or physical disability
of the consumer shall not violate the provisions of this sec-
tion provided such denial is based solely upon bona fide
underwriting considerations not prohibited by the State Code
of Iowa or United States Code. The provisions of this section,
shall not be construed by negative implication or otherwise
to narrow or restrict any other provisions of this chapter..
(Ord. No. 22-77, § 8, 4-18-77)
Secs. 21-68-21-76. Reserved.
Supp. No. 2
1295
§ 21-77 DUBUQUE CODE § 21-80
ARTICLE IV. ENFORCEMENT OF CIVIL RIGHTS*
Sec. 21-77. Complaint; persons who may make charge; execu-
tion; filing.
Any person claiming to be aggrieved by a discriminatory
or unfair practice within this city may, by himself, make,
sign, and file with the commission a verified, written com-
plaint in triplicate which shall state the name and address
of the person, employer, employment agency, or labor organi-
zation alleged to have committed the discriminatory or unfair
practice of which complained, shall set forth the particulars
thereof, and shall contain such other information as may be
required by the commission. The commission, a commissioner,
or the city attorney may in like manner make, sign, and file
such complaint. (Ord. No. 61-71, § 301(1), (2), 12-6-71; Ord.
No. 2277, § 9, 4-18-77)
Sec. 21-78. Amendment of complaints.
The commission or the complainant shall have the power to
reasonably and fairly amend any complaint and the respondent
shall have like power to amend his answer, at any time prior
to hearing. (Ord. No. 61-71, § 301(9), 12-6-71)
Sec. 21-79. Time limitation for filing complaint.
Any complaint filed under this chapter shall be so filed
within one hundred and twenty (120) days after the alleged
discriminatory or unfair practice occurred. (Ord. No. 61-71,
§ 301(14), 12-6-71; Ord. No. 22-77, § 10, 4-18-77)
Sec. 21-80. Reserved.
Editor's note—Ord. No. 38-77, § 1, adopted June 6, 1977, repealed
former § 21-80 which provided for notification of the state civil rights
commission of the filing of charges of unfair or discriminatory practices.
Said former section was derived from Ord. No. 61-71, § 302, adopted Dec.
6, 1971.
*Cross reference—Administration generally, Ch. 2.
Supp. No. 2
1296
§ 21-81 HUMAN RELATIONS § 21-82
Sec. 21-81. Notice; investigation.
After the filing of a verified complaint, a true copy there-
of shall be served by certified U.S. mail to the person
against whom the complaint is filed. Then a commissioner or
duly authorized member of the commission's staff shall make
a prompt investigation thereof and if such investigating offi-
cial shall determine that probable cause exists for crediting
the allegations of the complaint, the investigating official
shall immediately endeavor to eliminate such discriminatory
or unfair practice by conference, conciliation, and persuasion.
(Ord. No. 61-71, § 301(3), 12-6-71)
Sec. 21-82. Proceedings upon failure to reach settlement by
conciliation.
(a) In case of failure to satisfactorily settle a complaint by
conference, conciliation and persuasion, or in advance thereof,
if in the opinion of the investigating official circumstances
so warrant, the official may issue and cause to be served a
written notice together with a copy of such complaint, as the
same may have been amended, requiring the person, em-
ployer, employment agency, or labor organization named in
such complaint, hereafter ref erred to as respondent, to answer
the charges of such complaint in writing within ten (10) days
after the date of such notice or within such extended time as
the investigating official shall allow. Such notice shall be
served by certified U.S. mail.
(b) When the investigating official is satisfied that further
endeavor to settle a complaint by conference, conciliation, and
persuasion shall •be futile, the official shall report the same
to the commission. If the commission determines that the
circumstances warrant, it shall issue and cause to be served
a written notice requiring the respondent to answer the
charges of such complaint at a hearing before the commis-
sion, a commissioner, or such other person designated by the
commission to conduct the hearing, hereafter referred to as
hearing examiner, and at a time and place to be specified in
such notice.
Supp. No. 2
1297
21-82 DUBUQUE CODE § 21-83
(c) The case in support of such complaint shall be presented
at the hearing by one of the commission's attorneys or agents.
The investigating official shall not participate in the hearing
except as a witness nor shall he participate in the deliberations
of the commission in such case.
(d) The respondent may file a written verified answer to
the complaint, and may appear at the hearing in person, with
or without counsel, and submit testimony. In the discretion of
the hearing examiner, a complainant may be allowed to inter-
vene and present testimony in person or by counsel.
(e) When a respondent has failed to answer a complaint at
a hearing as provided by this section the commission may
enter his default. For good reason shown, the commission
may set aside an entry of default within ten (10) days after
the date of such entry. If the respondent is in default, the
commission may proceed to hear testimony adduced upon
behalf of the complainant. After hearing such testimony, the
commission may enter such order as in its opinion the evidence
warrants. (Ord. No. 61-71, § 301(4)-- (8),12-6-71)
Sec. 21-83. Findings by commission; available remedies; cease
and desist order.
(a) If, upon taking into consideration all the evidence at a
hearing, the commission shall find that respondent has en-
gaged in or is engaging in, any discriminatory or unfair
practice as defined in this chapter, the commission shall state
its findings of fact and shall issue and cause to be served
upon such respondent an order requiring such respondent to
cease and desist from such discriminatory or unfair practice
and to take such affirmative action, including, but not limited
to, hiring, reinstatement, or upgrading of employees with or
without back pay, the referring of applicants for employment
by any respondent employment agency, the admittance or
restoration to membership by any respondent labor organiza-
tion, the admission to or continuation in enrollment in an
apprenticeship. program, on-the-job training program, the post-
ing of notices, and the manner of compliance, as in the judg-
ment of the commission shall effectuate the purposes of this
chapter.
Supp. No. 2
1298
§ 21-83 HUMAN RELATIONS § 21-86
(b) If, upon taking into consideration all of the evidence
at a hearing, the commission shall find that a respondent
has not engaged in any discriminatory or unfair practice,
the commission shall state its findings of fact and shall issue
and cause to be served an order on the complainant and the
respondent dismissing the complaint. (Ord. No. 61-71, § 301
(11), (12), 12-6-71)
Sec. 21-84. Provisional remedies.
If, any time after the filing of a complaint, it shall appear
to the commission that there is reason to believe that the
party charged has violated this chapter and there is reason
to believe that the person charged is about to commit acts
which would make impossible his compliance with an order
of the commission to alleviate the grievance, or it appears
that a complainant may suffer irreparable injury as a result
of alleged violation, the commission may direct its attorney
to seek a temporary injunction restraining the party charged
from doing these acts pending completion of the proceedings
under this chapter. A temporary injunction may only be is-
sued ex parte if the complaint filed with the commission al-
leges discrimination in housing. In all other cases a tempo-
rary injunction may be issued only after the respondent has
been notified and afforded the opportunity to be heard. (Ord.
No. 61-71, § 305, 12-6-71; Ord. No. 22-77, § 11, 4-18-77)
Sec. 21-85. Procedural rules.
The commission shall establish rules to govern, expedite,
and effectuate the procedures established by this chapter and
its own actions thereunder. (Ord. No. 61-71, § 301(13), 12-6-
71)
Sec. 21-86. Evidentiary rules.
The commission shall not be bound by the strict rules of
evidence prevailing in courts of law or equity but the right
of cross-examination shall be preserved. Complainant shall
bear the burden of proving the allegations in his complaint.
Supp. No. 2
1299
§ 21-86 DUBUQUE CODE § 21-87
The testimony taken at a hearing shall be under oath, re-
ported, and, if ordered by the commission, transcribed. (Ord.
No. 61-71, § 301 (10), 12-6-71)
Sec. 21-87. Judicial review; enforcement actions.
(a) Judicial review of the actions of the commission may
be sought in accordance with the terms of the Iowa Adminis-
trative Procedure Act. Notwithstanding the terms of such
Act, petition for judicial review may be filed in the district
court in which an enforcement proceeding under paragraph
(b) of this section may be brought.
(b) The commission may obtain an order of court for the
enforcement of commission orders in a proceeding as provided
in this section. Such an enforcement proceeding shall be
brought in the district court of the district in the county in
which the alleged discriminatory or unfair practice which is
the subject of the commission's order was committed, or in
which any respondent required in the order to cease or desist
from a discriminatory or unfair practice or to take other
affirmative action, resides, or transacts business.
(c) Such an enforcement proceeding shall be initiated by
the filing of a petition in such court and the service of a
copy thereof upon the respondent. Thereupon, the commission
shall file with the court a transcript of the record of the
hearing before it. The court shall have power to grant such
temporary relief or restraining order as it deems just and
proper, and to make and enter upon the pleadings, testimony,
and proceedings set forth in such transcript an order en-
forcing, modifying, and enforcing as so modified, or setting
aside the order of the commission, in whole or in part.
(d) An objection that has not been urged before the com-
mission shall not be considered by the court in an enforcement
proceeding unless the failure or neglect to urge such objection
shall be excused because of extraordinary circumstances.
(e) Any party to the enforcement proceeding may move
the court to remit the case to the commission in the interests
of justice for the purpose of adducing additional specified
Supp. No. 2
1300
§ 21-87 HUMAN RELATIONS § 21-87
and material evidence and seeking findings thereof, providing
such party shall show reasonable grounds for the failure to
adduce such evidence before the commission.
(f) In the enforcement proceeding the court shall deter-
mine its order on the same basis as it would in a proceeding
reviewing commission action under section 17A.19, subsection
8, 1975 Code of Iowa.
(g) The commission's copy of the testimony shall be avail-
able to all parties for examination at all reasonable times,
without cost, and for the purpose of judicial review of the
commission's orders.
(h) The commission may appear in court by its own at-
torney.
(i) Petitions filed under this section shall be heard expedi-
tiously and determined upon the transcript filed without re-
quirement for printing.
• (j) If no proceeding to obtain judicial review is instituted
within thirty (30) days from the service of an order of the
commission under section 21-83 of this chapter the commis-
sion may obtain an order of the court for the enforcement
of such order upon showing that respondent is subject to the
jurisdiction of the commission and resides or transacts busi-
ness within the county in which the petition for enforcement
is brought. (Ord. No. 61-71, § 303, 12-6-71; Ord. No. 34-75,
§ 1, 8-11-75)
Supp. No. 2
1301
[The next page is 1351]
§ 25-209 MOTOR VEHICLES AND TRAFFIC § 25-209
Grandview Avenue, North and South, from the southeast-
erly terminus of South Grandview Avenue, to the south
property line of Delhi Street, and from the north prop-
erty line of Delhi Street to the south property line of
University Avenue, and from the north property line of
University Avenue to the south property line of Clarke
Drive, and from the north property line of Clarke Drive
to the south property line of Kaufman Avenue and
from the north property line of Kaufman Avenue to the
south property line of Kane Street, and from the north
property line of Kane Street to the south property line
of West Thirty-second Street.
Hill Street, from the south line of Eighth Avenue to the
north property line of Dodge Street.
Hillcrest Road, from the south property line of Asbury
Road to the east property line of Carter Road, and from
the west property line of John F. Kennedy Road to the
east property line of Key Way Drive, and from the west
property line of Key Way Drive to its westerly terminus.
Iowa Street, from East First Street to the south property
line of West Seventeenth Street.
Jackson Street, from the north property line of East
Twelfth Street to the south line of East Twenty-fourth
Street, and from the north property line of East Twenty-
fourth Street to its northerly terminus.
John F. Kennedy Road, from U.S. Highway No. 20 to its
northerly terminus.
Kane Street, from Kaufmann Avenue to Carter Road.
Kaufmann Avenue, from the west property line of Central
Avenue to the east property line of Carter Road, and
from the west property line of Carter Road to the east
property line of Crissy Drive, and from the west prop-
erty line of Crissy. Drive to the east property line of
John F. Kennedy Road, and from the west property line
of John F. Kennedy Road to the east property line of
Bonson Street.
Supp. No. 2
1589
§ 25-209 DUBUQUE CODE § 25-209
Kerp'er Boulevarrd, from East Ninth Street to the south
property line of Hawthorne Street. (Ord. No. 52-77, § 1,
7-18-77)
Kerrigan Road, from its southerly terminus at the city
limits, north to its junction with South Locust Street.
(a) South Locust Street north to its junction with
Locust Street.
(b) Locust Street north to the north line of West Sev-
enteenth Street.
Loras Boulevard, from the west line of Central Avenue to
the north property line of University Avenue.
Main Street, from the south line of Jones Street to the
south line of west Fifth Street, and from the north line
of West Ninth Street to the north line of West Seven-
teenth Street.
Mineral Street, from the easterly property line of Devon
Drive to the easterly property line of O'Ilagen Street.
O'Hagen Street, from the northerly property line of Min-
eral Street to the southerly property line of University
Avenue.
Pennsylvania Avenue, from University Avenue to its west-
erly terminus.
Primrose Street, from the north property line of Kane
Street to the south property line of Davenport Street.
Rhomberg Avenue, from the east property line of Elm
Street to the west property line of Lincoln Avenue.
Shiras Avenue, from the north property line of Rhomberg
Avenue to the Eagle Point Park exit.
University Avenue, from the north property line of Eighth
Avenue to the east property line of North Grandview
Avenue, and from the west property line of North Grand-
view Avenue to the east property line of Asbury Road,
and from the west property line, of Asbury Road to the
John F. Kennedy Road.
Supp. No. 2
1590.
§ 25-209 MOTOR VEHICLES AND TRAFFIC § 25-210
White Street, from the north line of East Fourth Street
to the south line of East Twenty-second Street.
Windsor Avenue, from the north property line of Rhom-
berg Avenue to the south property line of Davis Avenue.
(Ord. No. 33-49, § 12.3, 9-6-49; Ord. No. 45-59, § 3, 9-8-59 ;
Ord. No. 41-77, § 1, 6-20-77; Ord. No. 52-77, § 1, 7-18-77)
Editor's note—The street schedule set forth in § 25-209(b) is derived
from Ord. No. 41-77, § 1, adopted June 20, 1977, as amended from time
to time. Subsequent ordinances amending said street schedule by adding
or revising the provisions thereof are indicated in the history note fol-
lowing the provisions added or revised. A complete history note for §
25-209 appears at the end of the section.
State law reference—Similar provisions, I.C.A. § 321.321.
Sec. 25-210. Stop intersections.
(a) The driver of a vehicle shall stop in obedience to a
stop sign as required in this chapter at an intersection where
a stop sign is erected at one or more entrances thereto al-
though not a part of a through street and shall proceed cau-
tiously, yielding to vehicles not so obliged to stop which are
within the intersection or approaching so closely as to con-
stitute a hazard, but may then proceed.
(b) Those intersections designated are hereby declared to
be "stop intersections" for all purposes of this section. Ve-
hicles bound in the direction indicated must stop before en-
tering the designated intersection.
NORTHBOUND
Fremont Avenue and Hartburg Place
Grandview Avenue, North, and Clark Drive
Kerrigan Road, east ramp, and Grandview Avenue
Rockdale Road and Grandview Avenue
Saunders Street and Lemon Street
Woodland Drive and Keyway Drive
SOUTHBOUND
Twenty-first Street, East, and White Street
Berkley Street and Oak Crest Drive
Fremont Avenue and Simpson Street
Grandview Avenue, North, and Clarke Drive
Supp. No. 3
1590.1
§ 25-210 DUBUQUE CODE § 25-210
Hawthorne Street and Front Street
Keyway Drive and Southway (Ord. No. 77-77, § 1, 11-21-
77)
Lincoln Avenue and Front Street
Lowell Street and Woodworth Street
Shields Street and Jones Street
Windsor Avenue and Davis Street
Woodland Drive and Foothill Road
NORTHBOUND AND SOUTHBOUND
Seventeenth Street, East, and Washington Street
Twenty-first Street, East, and Elm Street
Twenty-first Street, East, and Washington Street
Twenty-fourth Street, East, and Jackson Street
Twenty-fourth Street, East, and Washington Street
Twenty-fourth Street, East, and White Street
Twenty-fifth Street, East, and White Street
Twenty-sixth Street, East, and White Street
Twenty-seventh Street, East, and White Street
Twenty-eighth Street, East, and White Street
Twenty-ninth Street, East, and White Street
Thirtieth Street, East, and White Street
Bunker Hill Road and Clarke Drive
Cherry Street and Finley Street
Grandview Avenue, North, and Delhi Street
Hillcrest Road and Keyway Drive
Kaufmann Avenue and Crissy Drive
Keystone Drive and Keyway Drive (Ord. No. 38-78, § 1,
6-19-78)
Keyway Drive and Woodland Drive (Ord. No. 38-78, § 1,
6-19-78)
Lincoln Avenue and Johnson Street
Lincoln Avenue and Kniest Street
Lincoln Avenue and Stafford Avenue
Queen Street and Twenty-fourth Street
Roosevelt Street and Lincoln Avenue
Rosedale Street and Avoca Street
Westway Street and Keyway Drive (Ord. No. 38-78, § 1,
6-19-78)
Supp. No. 3
1590.2
§ 25-210 MOTOR VEHICLES AND TRAFFIC § 25-210
EASTBOUND
Bluff Street and West Twelfth Street
Fremont Avenue and Wartburg Place
Front Street and Harbor Street
Grandview Avenue, North, and Delhi Street
Henion Street and Helena Street (Ord. No. 77-77, § 1,
11-21-77)
James Street and Langworthy Avenue
John F. Kennedy Road and University Avenue
Keyway Drive and Keymont Street
Keyway Drive and Westway Street (Ord. No. 38-78, § 1,
6-19-78)
St. Ambrose Street and Clarke Drive
University Avenue and Asbury Road
Woodworth Street and Lowell Street
WESTBOUND
Andrew Court and Boyer Street (Ord. No. 26-78, ,§ 1, 5-1-78)
Delhi Street and West Fifth Street
Fremont Avenue and Kelly Lane
Grandview Avenue, North, and Delhi Street
James Street and Mazzuchelli Heights
Madison Street and Clarke Drive
St. Anne Drive and Ridge Road
University Avenue and Asbury Road
University Avenue and John F. Kennedy Road
Windsor Avenue and Davis Street
EASTBOUND AND WESTBOUND
Atlantic Street and Custer Street
Avoca Street and Green Street
Elm Street and East Twenty-ninth Street
Evergreen Street and Karen Street
Fillmore Street and Adair Street
Grandview Avenue, North, and Clarke Drive
Hillcrest Road and Keyway Drive
Jackson Street and East Twenty-fourth Street
Supp. No. 3
1590.3
§ 25-210 DUBUQUE CODE § 25-210
Keyway Drive and Keystone Drive (Ord. No. 38-78, § 1, 6-19-
78)
Langworthy Avenue and Alpine Street
Langworthy Avenue and Booth Street
Langworthy Avenue and Nevada Street
Lincoln Avenue and Fengler Street
Maryville Drive and Maplewood Street
Oakcrest Drive and Maplewood Street
Pearl Street and Finley Street
Pearl Street and Gilliam Street
Randall Street and Bradley Street
Rider Street and Bradley Street
St. Ambrose Street and Rosedale Street
Sheridan Street and Goethe Street
Solon Street and Alpine Street
Sycamore Street and East Fifteenth Street
Theda Street and Crissy Drive
Vizaleea Street and Keymont
Walnut Street and West Eleventh Street
Washington Street and East Thirteenth Street
Washington Street and East Fifteenth Street
Washington Street and East Sixteenth Street
Washington Street and East Eighteenth Street
Washington Street and East Nineteenth Street
Washington Street and East Twenty-fifth Street
Washington Street and East Twenty-ninth Street
Woodland Drive and Keyway Drive (Ord. No. 38-78, § 1,
6-19-78)
(Ord. No. 33-49, § 12.4, 9-6-49 ; Ord. No. 63-77, § 1, 9-19-77 ;
Ord. No. 77-77, § 1, 11-21-77 ; Ord. No. 26-78, § 1, 5-1-78 ; Ord.
No. 38-78, § 1, 6-19-78)
Editor's note—The street schedule set forth in § 25-210(b) is derived
from Ord. No. 63-77, § 1, adopted Sept. 19, 1977, as amended from time
to time. Subsequent ordinances amending said street schedule by adding
or revising the provisions thereof are indicated in the history note follow-
ing the provision added or revised. A complete history note for § 25-210
appears at the end of the section.
State law reference—Similar provisions, Y.C.A. § 321.322.
Supp. No. 3
1590.4
§ 25-211 MOTOR VEHICLES AND TRAFFIC § 25-212
Sec. 25-211. Stop signs to be erected at entrances to through
streets and stop intersections; stop required.
Stop signs shall be erected at entrances to through streets
and at one or more entrances to stop intersections. Every
driver of a vehicle shall stop at such sign or at a clearly
marked stop line before entering an intersection, except when
directed to proceed by a peace officer or traffic -control signal.
(Ord. No. 33-49, § 12.5, 9-6-49)
Sec. 25-212. Yield intersections.
(a) The driver of a vehicle approaching a yield sign at
a "yield" intersection shall slow down to a speed reasonable
for the existing conditions or shall stop, if necessary, and shall
yield the right-of-way to any pedestrian legally crossing the
roadway and to any vehicle in the intersection or approaching
so closely as to constitute a hazard. Said driver having so
yielded may proceed with caution.
(b) Those intersections designated are hereby declared to
be "yield intersections" for all purposes of this section :
(1) Northbound vehicles. Northbound vehicles must yield be-
fore entering the intersection of :
Third Street, West, and James Street
Coates Streets and Southgate Drive
Hillcrest and St. John Drive
Kirkwood and West Locust Street
New Haven and Mineral Street
Rockdale Road and the west ramp of Kerrigan Road
Rosedale and West Locust Street
St. Ambrose and Clarke Drive
Wartburg Place and Fremont Avenue (Ord. No. 14-78, §.1,
3-20-78)
Westway Drive and Graham Circle
(2) Southbound vehicles. Southbound vehicles must yield be-
fore entering the intersection of :
Bryant Street and South Grandview Avenue
Clarke Drive and West Locust Street
Hillcrest and St. John Drive
Kane Street and Kaufmann Avenue
Supp. No. 3
1590.5
§ 25-212 DUBUQUE CODE § 25-212
Westway Drive and Graham Circle
(3) Eastbound vehicles. Eastbound vehicles must yield before
entering the intersection of :
Clarke Drive and Madison Street
Crissy Drive and Marywood Drive, north intersection
Crissy Drive and Marywood Drive, south intersection
Forest Lane and Booth Street
Grandview Avenue, North, and Rosedale, west intersec-
tion
Hillcrest and Asbury Road
St. George Street and Tressa Street
St. John Drive and Graham Circle, north intersection
St. John Drive and Graham Circle, south intersection
(4) Westbound vehicles. Westbound vehicles must yield before
entering the intersection of :
Ninth, West, and University Avenue
Cleveland Avenue and Bryant Street
Crissy Drive and Marywood Drive, north intersection
Crissy Drive and Marywood Drive, south intersection
Forest Lane and Booth Street
Rosedale and North Grandview Avenue, east intersection
Rust Street and Bryant Street
St. George Street and Tressa Street
St. John Drive and Graham Circle, north intersection
St. John Drive and Graham Circle, south intersection
(c) Yield signs shall be erectedat the specified entrances
to the yield intersections designated and shall be located as
near as practical to the property line of the highway at the
entrance at which the yield must be made, or at the nearest
line of the crosswalk thereat, or, if none, at the nearest line
of the roadway. (Ord. No. 33-49, §§ 12.9, 12.10, 9-6-49 ; Ord.
No. 45-59, § 1, 9-8-59 ; Ord. No. 10-78, § 1, 3-13-78 ; Ord. No.
14-78, § 1, 3-20-78)
Editor's note—The street schedule set forth in § 25-212(b) is derived
from Ord. No. 10-78, § 1, adopted March 13, 1978, as amended from
time to time. Subsequent ordinances amending the street schedule by
adding or revising the provisions thereof are indicated in the history
note following the provision added or revised. A complete history note
appears at the end of the section.
Supp. No. 3
1590.6
§ 25-213 MOTOR VEHICLES AND TRAFFIC § 25-219
Sec. 25-213. Entering street from private roadway.
(a) The driver of a vehicle emerging from a private road-
way, alley, driveway or building shall stop such vehicle im-
mediately prior to driving on the sidewalk area and thereafter
he shall proceed into the sidewalk area only when he can do
so without danger to pedestrian traffic, and he shall yield the
right-of-way to any vehicular traffic on the street into which
his vehicle is entering.
(b) The driver of a vehicle about to enter or cross a high-
way from a private road or driveway shall stop such vehicle
in mediately prior to driving on such highway and shall yield
the right-of-way to all vehicles approaching on such highway.
(Ord. No. 33-49, § 12.6, 9-6-49)
State law reference—Similar provisions, I.C.A. § 321.353.
Sec. 25-214. Operation on approach of emergency vehicles.
(a) Upon the immediate approach of an authorized emer-
gency vehicle with any lamp or device displaying a red light
or flashing red light from directly in front thereof, or when
the driver is giving audible signal by siren, exhaust whistle, or
bell, the driver of every other vehicle shall yield the right-of-
way and shall immediately drive to a position parallel to, and
as close as possible to, the right-hand edge or curb of the
street clear of any intersections and shall stop and remain in
such position until the authorized emergency vehicle has
passed, except when otherwise directed by a police officer.
(b) This section shall not operate to relieve the driver of
an authorized emergency vehicle from the duty to drive with
due regard for the safety of all persons using the highway.
(Ord. No. 33-49, § 12.7, 9-6-49)
Cross reference—Ambulances, Ch. 18, Art. II.
State law reference—Similar provisions, Y.C.A. § 321.324.
Secs. 25-215-25-219. Reserved.
Supp. No. 3
1590.6.1
§ 25-220 DUBUQUE CODE § 25-220
DIVISION 4. SPEED
Sec. 25-220. Limits generally.
(a) Any person driving a motor vehicle on any street of this
city shall drive the same at a careful and prudent speed not
greater than or less than is reasonable and proper, having due
regard to the traffic surface and width of the streets and of
any other conditions then existing, and no person shall drive
any vehicle at a speed greater than will permit such person to
bring it to a stop within the assured clear distance ahead, such
driver having the right to assume, however, that all persons
using such streets will observe the law.
(b) The following shall be lawful speed except as otherwise
provided in subsection (c) of this section or elsewhere in this
Code or other ordinance of the city, and any speed in excess
thereof shall be unlawful.
(1) Twenty (20) miles per hour in any business district.
(2) Twenty-five (25) miles per hour in any residence or
school districts.
(3) Forty (40) miles per hour for any motor vehicle draw-
ing another vehicle in any district or on any street
Supp. No. 3
1590.6.2
§ 25-220 MOTOR VEHICLES AND TRAFFIC § 25-220
where the lawful speed is in excess of forty (40) miles
per hour.
(4) Forty-five (45) miles per hour in any suburban district.
(c) The following shall be lawful speed on the streets or
portions thereof designated herein :
Streets in Murphy, Eagle Point and Flora Parks, 15 mph.
Thirty-second Street, West, from North Grandview Ave-
nue to John F. Kennedy Road, 35 mph.
Carter Road, from Kane Street to West Thirty-second
Street, 35 mph.
Dodge Street, from Bluff Street to Devon Drive, 35 mph.
Grandview Avenue, North, from Ungs Street to West
Thirty-second Street, 35 mph.
John F. Kennedy Road, from U.S. Highway No. 20 to
Asbury Road, 35 mph.
Kerper Boulevard, from Pine Street to Hawthorne Street,
35 mph.
Kerrigan Road, for southbound vehicles from Southern
Avenue to the city limits, and for northbound vehicles
from the city limits to Mt. Carmel Road, 55 mph.
Locust Street, between Southern Avenue and Dodge Street,
35 mph.
Pennsylvania Avenue, from Vizaleea Street to the westerly
city limits, 35 mph.
(Ord. No. 33-49, § 8.1, 9-6-49 ; Ord. No. 56-53, § 3, 7-15-53 ;
Ord. No. 58-57, § 1, 10-7-57; Ord. No. 38-64, § 1, 12-28-64,;
Ord. No. 9-65, § 1, 4-5-65; Ord. No. 14-77, § 1, 4-4-77)
Editor's note --The street schedule set forth in § 25-220(c) is derived
from Ord. No. 14-77, § 1, adopted April 4, 1977, as amended from time
to time. Said provisions were designated as § 25-220(b) (5)—(14) by
said Ord. No. 14-77; for purposes of classification, the editor has redesig-
nated the provisions as § 25-220(c).
State law reference—Similar provisions, I.C.A. § 321.285.
Subsequent ordinances amending the street schedule above by adding
or revising the provisions thereof are indicated in the history note follow-
ing the provision added or revised. A complete history note for § 25-220
appears at the end of the section.
Supp. No. 2
1590.7
§ 25-221 DUBUQUE CODE § 25-223
Sec. 25-221. Control of vehicle.
The person operating a motor vehicle shall have the same
under control, and shall reduce the speed to a reasonable and
proper rate:
(1) When approaching and passing a person walking in the
traveled portion of a public street.
(2) When approaching and passing an animal which is
being led, ridden, or driven upon a street.
(3) When approaching and traversing a crossing or inter-
section of public streets, or a bridge, or a sharp turn
or curve, or a steep descent, in a public street.
(4) When approaching and passing a fusee, flares, red re-
flector, electric lanterns, red reflectors or red flags
which are displayed on the roadway in conformance
with section 321.118 of the Iowa Code. (Ord. No. 33-49,
§ 8.2, 9-6-49)
State law reference—Similar provisions, I.C.A. § 321.448.
Sec. 25-222. Minimum speed.
No person shall drive a motor vehicle at such a slow speed
as to impede or block the normal and reasonable movement of
traffic except when reduced speed is necessary for safe opera-
tion or in compliance with law. Peace officers are hereby au-
thorized to enforce this provision by direction to drivers, and
in the event of apparent willful disobedience to this provision
and refusal to comply with directions of an officer in ac-
cordance herewith the continued slow operation by a driver
shall be punishable as provided in section 1-8 of this Code.
(Ord. No. 33-49, § 8.6, 9-6-49)
State law reference—Similar provisions, I.C.A. §321.294.
Sec. 25-223. Signs to be erected.
On all streets other than primary roads and extensions of
primary roads there shall be erected by the city suitable
standard signs showing the points at which the rate of speed
changes and the maximum rate of speed in the district which
the vehicle is entering. (Ord. No. 33-49, § 8.5, 9-6-49)
Supp. No. 2
1590.8
§ 25-224 MOTOR VEHICLES AND TRAFFIC § 25-236
Sec. 25-224. Speeding violation form.
In every charge of violation of section 25-220, the informa-
tion, also the notice to appear, shall specify the speed at which
the defendant is alleged to have driven, also the speed limit
applicable within the district or at the location. (Ord. No.
33-49, § 8.4, 9-6-49)
Secs. 25-225-25-235. Reserved.
ARTICLE VII. PEDESTRIANS
Sec. 25-236. Right-of-way.
Where the traffic -control signals are not in place or in
operation, the driver of a vehicle shall yield the right-of-way,
slowing down or stopping if need be to so yield, to a pedestrian
crossing the street within any marked crosswalk or within
any unmarked crosswalk at an intersection, except as other-
wise provided in this chapter. (Ord. No. 33-49, "§ 14.2, 9-6-49)
State law reference—Similar provisions, I.C.A. § 321.327.
Supp. No. 2
1590.9
§ 25-256 MOTOR VEHICLES AND TRAFFIC § 25-256
ARTICLE VIII. STOPPING, STANDING AND PARKING*
DIVISION 1. GENERALLY
Sec. 25-256. Prohibited in specified places.
No person shall stop, stand, or park a vehicle, except when
necessary to avoid conflict with other traffic or in compliance
with the directions of a police officer or traffic -control device,
in any of the following places :
(1) On a sidewalk.
(2) In front of a public or private driveway.
(3) Within an intersection.
(4) Within five (5) feet of a fire hydrant.
(5) Ona crosswalk.
(6) Within ten (10) feet upon the approach to any flashing
beacon, stop sign, or traffic -control signal located at
the side of the roadway.
Within fifty (50) feet of the nearest rail of a railroad
crossing, except when parked parallel with such rail
and not exhibiting a red light.
Within twenty (20) feet of the driveway entrance to
any fire station and on the side of a street opposite the
entrance to any fire station within seventy-five (75)
feet of said entrance when properly signposted.
Alongside or opposite any street excavation or obstruc-
tion when such stopping, standing, or parking would
obstruct traffic.
(10) On the roadway side of any vehicle stopped or parked
at the edge or curb of street.
(11) Opposite the entrance to a garage or driveway in such
a manner or under such conditions as to leave available
less than twenty (20) feet of the width of the roadway
for the free movement of vehicular traffic.
(7)
(8)
(9)
*Cross reference—No parking areas along the public docks, § 26-124.
Supp. No. 4
1593
§ 25-256 DUBUQUE CODE § 25-257
(12) Upon any street or in any alley in any part of the city
in such a manner or under such conditions as to leave
available less than ten (10) feet of the width of the
roadway of such street or alley for the free movement
of vehicular traffic, excepting when necessary in obedi-
ence to traffic regulations or traffic signs, or signals of
a police officer.
(13) At any place where official signs or curb markings pro-
hibit stopping, standing or parking.
(14) Within ten (10) feet of the crosswalk at all intersec-
tions within the city. (Ord. No. 33-49, § 16.1, 9-6-49 ;
Ord. No. 6-53, § 3, 2-4-52 ; Ord. No. 5-53, § 1, 3-19-53 ;
Ord. No. 12-57, § 3, 2-4-57; Ord. No. 45-58, § 2, 6-23-58)
State law reference—Similar provisions, I.C.A. § 321.358.
Sec. 25-257. Prohibited at certain times and/or for longer
than specified times.
(a) Where posted; exception. It shall be unlawful for any
person to park a motor vehicle on those streets or portions
thereof designated from time to time as areas where parking
is prohibited, whether at all times, between certain hours, for
longer than specified times between certain hours or for
longer than specified times, in violation of such regulations
when signs have been posted in such areas giving notice of
such regulations, except for those vehicles displaying a valid
parking sticker permit as defined in section 25-328.1 parked
in a designated two-hour parking time zone.
(b) Vehicles not moved deemed stationary. For the pur-
pose of such regulations, any vehicle not moved out of the
block during specified and designated parking periods shall
be deemed to have remained stationary. Those vehicles dis-
playing a valid parking sticker shall be exempt from this
provision.
(c) Time zones designated. When signs are erected giving
notice thereof, no person shall park a vehicle for a period of
time longer than hereinafter indicated between the hours of
Supp. No. 4
1594
§ 25-257 MOTOR VEHICLES AND TRAFFIC § 25-258
White Street, both sides, from East Ninth Street to East
Eleventh Street.
White Street, east side, from East Fourteenth Street to
East Fifteenth Street.
White Street, both sides, from East Fifteenth Street to East
Sixteenth Street.
(Ord. No. 38-49, § 16.5, 9-6-49; Ord. No, 52-78, § 1, 9-5-78;
Ord. No. 62-78, § 1, 11-6-78)
Sec. 25-258. Parallel parking required; exceptions for angle
parking.
(a) Except where angle parking is permitted and on one-
way streets, every vehicle stopped or parked upon a roadway
where there is an adjacent curb shall be stopped or parked
with the right hand wheels of such vehicle parallel with and
within eighteen (18) inches of the right hand curb.
(b) On one-way streets vehicles may also be parked with
the left hand wheels parallel with and within eighteen (18)
inches of the left hand curb.
Supp. No. 4
1594.3
Chapter 27
PARKS AND RECREATION*
Art. I. In General, §§ 27-1-27-15
Art. II. Playground and Recreation Commission, §§ 27-16-27-32
Art. III. Public Parks, §:§ 27-33.27-85
Div. 1. Generally, §§ 27-33-27-72
Div. 2. Specific Parks, §§ 27-73-27-85
Art. IV. Municipal Athletic Field, §§ 27-86-27-95
ARTICLE I. IN GENERAL
Sec. 27-1. Cooperation with school board.
In the conduct and operation of recreation grounds and
recreation activities, the city council shall cooperate with the
board of education of the Independent School District of
Dubuque, the superintendent of schools and all public spirited
citizens interested in child welfare and in the advancement
of physical and social conditions generally, and, to this end,
it shall annually levy such a tax upon the taxable property
of the city as it may deem necessary to defray its share of
the expense incident to the carrying on of such activities, but
all taxes thus levied or money appropriated shall be expended
only upon warrants drawn upon the city treasurer. (Ord.
No. 26-49, § 4, 6-30-49)
Secs. 27-2-27-15. Reserved.
ARTICLE II. PLAYGROUND AND RECREATION
COMMISSION
Sec. 27-16. Created; composition; compensation.
There is hereby created a commission to be known as the
playground and recreation commission of the city composed of
seven (7) members consisting of a representative of the board
of education of the Independent School District of Dubuque, a
representative of the parochial school system and the city
*Cross reference -Amusements, Ch. 6.
1745
§ 27-16
DUBUQUE CODE § 27-19
manager, as ex -officio members, together with four (4) citi-
zen members, at least two (2) of whom shall be women, all of
whom shall serve without compensation. The city manager
shall be a member of such commission by virtue of his office
and he shall exercise all duties with reference to playground
and recreational facilities as are by law imposed upon him.
(Ord. No. 26-49, § 1, 6-30-49; Ord. No. 48-67, § 1, 9-25-67)
Sec. 27-17. Appointment; terms; filling of vacancies.
The members of the commission created by this article shall
be appointed by the city council and for the term of one year
for two (2) members, for the term of two (2) years for two
(2) members and for the term of three (3) years for two (2)
members. When a vacancy occurs on such commission it shall
be filled by the city council, but such members thus appointed
shall be appointed to fill only the unexpired term of the mem-
ber in whose place he has been appointed. (Ord. No. 26-49, § 1,
6-30-49 ; Ord. No. 48-67, § 1, 9-25-67)
Sec. 27-18. Organization.
The commission created by this article shall organize by the
election of a chairman, vice-chairman and secretary. The terms
of office of such officers shall be for one year following their
election but they shall continue to hold office until their suc-
cessors are duly elected. (Ord. No. 26-49, § 2, 6-30-49)
Sec. 27-19. Powers and duties.
(a) The commission created by this article shall have super-
vision over all recreation activities of the city and shall con-
trol the equipment,maintenance and conduct of the same. It
may appoint a suitable superintendent and all necessary as-
sistants, fix their term of employment, salaries and duties. It
may adopt such rules and regulations for the conduct and
maintenance of play -facilities as it may deem advisable.
(b) In all public parks in which the commission shall have,
with the consent of the park board, installed recreational
equipment or buildings, the commission shall have exclusive
1746
§ 27-63 PARKS AND RECREATION § 27-74
enter Eagle Point Park after 10:00 p.m. (Ord. No. 33-77, § 1,
5-16-77)
Secs. 27-64--27-72. Reserved.
DIVISION 2. SPECIFIC PARKS
Sec. 27-73. E. B. Lyons Forest Preserve, and Nature Center.
(a) The following described real estate is hereby placed un-
der the control of the jurisdiction and management of the
park board of the city, to wit:
Lots 2 and 3 of the northeast one-quarter of the southeast
one-quarter of section 1, township 88 north, range 2 east of
fifth prime meridian; Lots 2 and 3 of the northwest
one-quarter of the southwest one-quarter, Lots 2 and 3 of
the northeast one-quarter of the southwest one-quarter, and
Lot 2 of Lot 1 of the southwest one-quarter of the south-
west one-quarter, of section 6, township 88 north, range 3
east of the fifth prime meridian in Dubuque County, Iowa,
according to the respective recorded plats thereof.
(b) Such real estate shall be known, called and named as
"The E. B. Lyons Forest Preserve and Nature Center" and
accordingly such real estate is so permanently named. (Ord.
No. 16-74, § 2, 3-11-74)
Sec. 27-74. Flora Park.
Except for the appurtenant easements of right-of-way and
a strip along Pennsylvania Street twenty (20) feet in width,
the following real estate in the west end of the city, to wit:
Sylvester Place: Lot 1 of 4 of Mineral Lot 260; Lot 2 of 1
of 2 of 4 of Mineral Lot 260 ; Lot 2 of 2 of 4 of Mineral Lot
Supp. No. 2
1754.1
§ 27-74 PARKS AND REc EAT'ION § 27-88
260 ; Lot 2 of 2 of 2 of Mineral Lot 259 ; Lot 1. of 2 of Min-
eral Lot '259 ; Lot 1 of 1 of 1 of 1 of 1 of 2 of J. P. Mettel's
Subdivision,
is hereby set apart as a public park to be known as "Flora
Park" under the jurisdiction and control of the park board,
subject, however, to the right in the recreation commission
to construct and maintain a municipal swimming pool and
other recreational facilities therein in accordance with the
pilot plan prepared by Paul Rossiter, architect, dated April 28,
1954 and the further right in the city council to install and
maintain such storm sewers, sanitary sewers and water mains
therein as it shall deem necessary. (Ord. No. 41-54, § 3, 6.7-
54)
Secs. 27-75-27-85. Reserved.
ARTICLE IV. MUNICIPAL ATHLETIC FIELD
Sec. 27-86. Supervision and management.
General supervision and management of the municipal ath-
letic field, now called Petrakis Park, is hereby vested in the
playground and recreation commission of the city and the ac-
tive management thereof shall be exercised by the recreational
director. (Mins. of 6-6-38, § 1)
Sec. 27-87. Application for use.
All persons or organizations desiring the use of the munici-
pal athletic field, now called Petrakis Park, must make appli-
cation therefor to the playground and recreation commission
upon an approved form of application embodying the rules and
regulations set out in this article, which application shall be
filed with the recreational director. (Mins. of 6-6-38, § 2)
Sec. 27-88. Rental fees; exemptions.
(a) For the use of the municipal athletic field, now called
Petrakis Park, all persons or organizations, other than as
specified in this section, desiring the use of such field for base-
ball or football games for which the public is charged an ad -
1755
§ 27-88
DUBUQUE CODE § 27-88
mission fee, shall, at the time of making application therefor,
pay as a rental fee for the use of such field :
(1) For baseball games, daytime, ten dollars ($10.00).
(2) For baseball games, nighttime, twelve dollars ($12.00)
plus a deposit to cover cost of lighting the field.
(3) For football games, daytime, twelve dollars ($12.00).
(4) For football games, nighttime, fifteen dollars ($15.00)
plus a deposit to cover cost of lighting the field.
(b) The playground commission shall have the right, in
lieu of the above rental fees for the use of such field for base-
ball and football, to collect as rental therefor, an amount equal
to ten (10) per cent of all paid admissions to such games.
(c) For the use of the municipal athletic field for all other
events or activities, other than baseball or football, not pro-
vided for, under paragraphs (a) and (b), the playground and
recreation commission shall have the right to determine the
rental fee to be paid for the use of such field, and the manner
of payment of the same.
(d) In consideration of their granting to the playground
and recreation commission the right to continued use of their
athletic fields for the activities and purposes of the play-
ground and recreation commission as heretofore given by
them, Columbia College and Academy and the University of
Dubuque shall not be required to pay a rental fee for the use
of such field for athletic ..events of an interscholastic nature,
excepting that such organizations will be required to pay a cost
of lighting such field when necessary.
(e) In consideration of the financial assistance extended to
the playground and recreation commission by the Independent
School District of Dubuque, and the right to the continued
use of their playgrounds for the activities and purposes of the
playground and recreation commission as heretofore given by
them, the Independent School District of Dubuque shall not be
required to pay a rental feefor the use of such field for ath-
letic events of an interscholastic. nature. (Mins, of 6-6-38, §§
3-6)
1756
§ 27-89 PARKS AND REiCREAT'ION § 27-92
Sec. 27-89. Substitution of later period for original applica-
tion; refund of fees.
If, in the opinion of the recreational director the munici-
pal athletic field, now called Petrakis Park, because of climatic
or weather conditions, cannot be used by an applicant for use
of such field, the recreational director shall have the right and
privilege of substituting for such period a like period of sim-
ilar duration at a later date, and if such substitution inhis
opinion is not feasible, and cannot be met, he shall have the
right to refund to the applicant the fee paid at the time of
making such application together with any deposit made
therewith. (Mins. of 6-6-38, § 11)
Sec. 27-90. City's right to cancel use applications, refund fees.
The playground and recreation commission and recreational
director shall have the right, within seventy-two (72) hours
prior to the beginning of the period for which an application
for use of the municipal athletic field, now called Petrakis
Park, is made, to cancel such application, and to refund to the
applicant the amount of such application fee, together with
any deposit made therewith. (Mins. of 6-6-38, § 12)
Sec. 27-91. Changes, alterations restricted.
No change or alteration of any character shall be made in
the municipal athletic field, now called Petrakis Park, either
in the field itself, or in the grandstands, bleachers or other
appurtenances unless permission in writing to make such
change shall have been granted by the playground and recrea-
tion commission at the time of filing the application for the
use of such field, and any such change or changes shall be
made under the supervision of the recreational director. (Mins.
of 6-6-38, § 7)
Sec. 27-92. User's duty to restore field after use.
All persons or organizations to whom the use of the mu-
nicipal athletic field, now called Petrakis Park, is granted
upon proper application shall, within twelve (12) hours after
1757
§ 27-92 DUBUQUE CODE § 27-95
such use, put the field and grandstands in the same condition
as when the field was taken over for such use. The recondi-
tioning of such field and grandstands shall be under the
supervision and subject to the inspection and approval of the
recreational director. (Mins. of 6-6-38, § 8)
Sec. 27-93. Use for unlawful purpose.
The municipal athletic field, now called Petrakis Park, shall
not, at any time, or under any occasion, be used by any ap-
plicant for any unlawful purpose, and the use of said field
shall at all times be subject to the provisions of all police and
fire regulations of the city and in compliance therewith.
(Mins. of 6-6-38, § 9)
Sec. 27-94. Custodian's right of access.
The custodian in charge of the municipal athletic field, now
called Petrakis Park, under the direction of the playground
and recreation commission, shall, with all necessary assistants,
have access to such field at °All times in the, performance of
his or their official duties. (Mins. of 6-6-38, § 10)
Sec. 27-95. Concession privileges.
The playground and recreation commission shall have the
right to lease, from year to year, the concession privilege of
the municipal athletic field, now called Petrakis Park, in-
cluding all concession privileges or rights excepting admis-
sions. (Mins. of 6-6-38, § 13)
[The next page is 1809]
1758
Chapter 35
TAXATION*
Art. I. In General, §§ 35-1-35-15
Art. II. City Assessor, §§ 35-16-35-20
Art. III. Hotel and Motel Tax, §i§ 35-21, 35-22
ARTICLE I. IN GENERAL
Sec. 35-1. Assessment of property.
The assessment of property in the city shall be under the
provisions of chapter 441 of the Code of Iowa. (Ord. No. 21-
47, § 1, 7-25-47)
Sec. 35-2. Partial exemption for agricultural lands.
(a) Scope. Land within the city which is laid off in lots of
more than ten (10) acres and which the city council finds is
in good faith occupied and used for agricultural or horti-
cultural purposes shall be exempt from the annual levies made
for any of the functional funds of the city except that such
land shall be subject to a levy of one and one-fourth (11 4)
mills for street purposes ;
(b) Application. Any owner or proprietor of real estate
who desires to obtain the benefits of the exemption provided
in paragraph (a) of this section shall, on or before July first
of each year, file application therefor in writing with the city
clerk on forms prepared by the city manager showing suf-
ficient information from which the city council may determine
whether the property is entitled to the exemption.
(c) Determination of eligibility. At the time of the adoption
of the annual budget, the city council shall meet and de-
termine what properties within the city are entitled to the
exemption provided in paragraph (a) of this section and
certify a list of such properties to the county auditor at the
time of the certification of the annual budget, which list shall
constitute the authority of the county auditor to relieve the
lands listed thereon from all municipal levies except an annual
*Cross reference—Administration generally, Ch. 2.
Supp. No. 4
2213
§ 35-2 DUBUQUE CODE § 35-21
tax of one and one-quarter (11/4) mills for street purposes.
(Ord, No. 6-54, § 3, 3-1-54)
Secs. 35-3---35-15. Reserved.
ARTICLE II. CITY ASSESSOR*
Sec. 35-16. Appointment.
The appointment of the city assessor shall be under the pro-
visions of chapter 441 of the Code of Iowa. (Ord. No. 21-47, §
1, 7-25-47)
Secs. 35.17-35-20. Reserved.
ARTICLE III. HOTEL AND MOTEL TAXf
Sec. 35-21. Levy; collection.
Effective April 1, 1979, in accordance with the provisions
of Senate File 336 as enacted by the 67th General Assembly,
there is hereby imposed in the city a hotel and motel tax at
a rate of five (5) per cent upon the gross receipts from the
renting of any and all rooms, apartments or sleeping rooms
in any hotel, motel, inn, public lodging house, rooming house,
or tourist court or in any place where sleeping accommoda-
tions are furnished to transient guests for rent, whether with
or without meals, except the gross receipts from the renting
of sleeping rooms in dormitories and in memorial unions at
all state universities and colleges ; and such tax shall be col-
lected for and on behalf of the city by the state director of
revenue. (Ord. No. 50-78, § 1, 8-21-78)
*State law reference—Authority to provide for city assessor, I.C.A.
§ 441.51.
tEditor's note—Sections 1 and 2 of Ord. No. 50-78, adopted Aug. 21,
1978, and approved at referendum on Nov. 7, 1978, did not expressly
amend this Code; hence inclusion herein as Art. III of Ch. 35, §§ 35-21,
35-22, is at the discretion of the editor.
Supp. No. 4
2214
§ 35-22 TAXATION § 35-22
Sec. 35-22. Use of revenue.
Revenue derived by the City of Dubuque from the imposi-
tion of a hotel and motel tax shall be used in accordance with
the provisions of said Senate File 336. (Ord. No. 50-78, § 2,
8-21-78)
Supp. No. 4
2215
[The next page is 2253]
§ 36-54 UTILITIES § 36-56
Sewage treatment plant refers to any and all units of the
municipal sewage treatment system owned and operated by
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
with the 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 monthly (or a
period equalling once every month), bimonthly (or a
period equalling 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.
Supp. No. 1
2275
§ 36-56 DUBUQUE CODE § 36-56
(b) Schedule of rates:
Monthly Rates
Cubic Feet Charge per Hundred Cubic Feet
First 200 $0.90
Next 800 0.45
Next 1,000 0.39
Next 1,000 ____ 0.35
Next 12,000 0.31
Next 35,000. 0.29
Next 50,000 __ 0.27
Over 50,000 0.22
Bimonthly Rates
First 400 1.80
Next 1,600 __ 0.90
Next 2,000 __ 0.70
Next 2,000 ___ 0.35
Next 24,000 ..- 0.31
Next 70,000 0.29
Next 100,000 0.27
Over 100,000 0.22
(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.
Supp. No. 1
2276
§ 36-56 UTILITIES § 36-56
(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 the city 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
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 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.
(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 modest-
ly and equitably adjusted to the service rendered,
Supp. No. 1
2277
§. 36-56 DUBUQUE CODE § 36-56
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
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 will be applicable and negotiated
with [discharges on an] individual contract basis
when concentration of the sewage exceeds three
hundred (300) milligrams per liter of biochemical
oxygen demand, three hundred fifty (350) milli-
grams per liter of suspended solids or two (2)
per cent or more of the flow rate into the sewage
treatment plant.
(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 sewer service charge, according to the size
of the meter, shall be as follows :
Monthly Rates
Meter Allowance
(inches) Minimum Charge (cubic feet)
5g $ 0.90 200
34 3.60 800
1 5.75 1,300
114 8.75 2,100
Supp. No. 1
2278
§ 36-56 UTILITIES § 36-58
Meter
(inches)
11/2
2
3
4
6
8
Meter
(inches)
5/8
1
11/4
112
2
Monthly Rates (Cont'd. )
Minimum Charge
10.75
17.50
35.50
54.50
112.50
184.50
Bimonthly Rates
Minimum Charge
$ 1.80
7.20
11.50
17.50
21.50
35.00
(Ord. No. 35-57, § 4, 4-15-57 ; Ord. No.
28-68 ; Ord. No. 48-76, §§ 1-4,10-4-76 )
Allowance
(cubic feet)
2,600
4,600
10,600
16,800
36,800
62,500
Allowance
(cubic feet)
400
1,000
2,600
4,200
5,300
9,300
65-68, §§ 2, 3, 10 -
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. 35-57, § 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
Supp. No. 1 2279
§ 36-58 DUBUQUE CODE § 36-71
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)
Sec. 36-59. Lien for failure to pay.
The city shall have a lien upon the real property served by
the sanitary system for all delinquent rates and charges.
Bilis for sewage charges shall be delinquent when the same
are unpaid for a period of fifteen (15) days following the
due date, and if not paid, a penalty of five (5) per cent shall
be added to the sewage rental bill but such penalty shall not
be less than fifty cents ($0.50).
The city clerk shall certify within ten (10) days of the
following dates, to the Dubuque County auditor for collection
with and in the same manner as property taxes and to estab-
lish the real property liens, all rates and charges which are
delinquent over fifteen (15) days on the first day of March,
June, September and December. (Ord. No. 35-57, § 8, 4-15-57;
Ord. No. 48-76, § 5, 10-4-76)
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.
Supp. No. 1
2280
§ 36-163 UTILITIES § 36-180
g. Concrete pavement, one and one-half cents
($0.015) per square yard;
h. Brick or concrete manholes, one dollar ($1.00)
each;
i. Asphalt rollers, twenty cents ($0.20) per one hun-
dred (100) square yards;
Wetting down sub -grade, one dollar ($1.00) per
one hundred (100) square yards.
(d) The rate for water charged for other purposes not
mentioned herein, such as for circuses, carnivals, fairs,
skating rinks, swimming pools, tank wagons and filling cis-
terns 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,
2-9-59)
Secs. 36-165-36-170. Reserved.
ARTICLE V. CABLE TELEVISION
DIVISION 1. GENERALLY
Secs. 36-171-36-180. Reserved.
Supp. No. 2
2305
§ 36-181 DUBUQUE CODE § 36-182
DIVISION2. DUBUQUE .CABLE TV COMMISSION*
Sec. 36-181. Purpose.
There is hereby created and established the Dubuque Cable
TV Commission. The purpose of the Commission shall be as
follows :
(1) To advise the council of satisfactory performance and
programming of TV -FM Cable for every subscriber
with rates and policies which are fair to both the sub-
scriber and the cable company ;
(2) To develop community access programming through
the use of, but not limited to, the community access
programming funds collected under the terms of the
franchise agreement or any other agreement between
the City of. Dubuque and the provider of cable tele-
vision services ;
(3) To act as trustee for the funds referred to in subsec-
tion (2) ;
(4) To act as an official body to receive, process, and report
to the city council upon complaints of subscribers to
cable television services ;
(5) To investigate, and compile information at the request
of the city council pertaining to cable television serv-
ices 'and,' where appropriate, toengage professional
consultants for guidance and advice, and pay the cost
thereof from community access funds only. (Ord. No.
8-77, § 1, 2-21-77)
Sec. 36-182. Membership,; organization; meetings; voting.
(a) Members of the commission shall be appointed in the
following manner:. The commission shall not exceed nine (9)
commissioners who shall each serve for a period of two (2)
*Editor's note—Ord. No. 8-77, §§,1-5, adopted Feb. 21, 1977, did not
expressly amend the Code; hence, inclusion herein as Div. 2 of new
Art. V, §§ 36-181-36-185, is at the editor's discretion.
Supp. No. 2
2306.:
§ 36-182 UTILITIES § 36-184
years from the date of their appointment. The commissioners
shall be appointed by the mayor and approved by the city
council at the second regular meeting of the council in
January.
(b) The commission shall elect a chairperson, secretary,
and treasurer from among its members at the first regular
meeting of the commission in February;
(c) The commission shall meet once a month at a time and
placeagreedupon by its members;
(d) All action taken by the commission shall be upon an
affirmative vote of a majority of the total number of mem-
bers of the commission. (Ord. No. 8-77, § 3, 2-21-77)
Sec. 36-183. Expenditure of community access funds.
Community access funds collected by the commission shall
be administered by the commission and may be expended for
the following purposes
(1) To provide air time, equipment (purchased, rented or
otherwise) and materials for public access program-
ming ;
(2) To secure expert advice on the development and opera-
tion of community access programming;
(3) To provide for the day-to-day operation of the com-
mission, including, but not limited to, reimbursement
for expenses incurred in carrying out the purposes of
the commission. The commission is authorized to ex-
pend all funds allocated to it for its operation. No
community access funds so allocated shall be returned
to the general fund. (Ord. No. 8-77, § 2, 2-21-77)
Sec. 36-184. Right to deny community access funds; control
over access to media.
The commission shall have the right to deny community
access funds; for any particular purposes. However, in no
Supp. No. 2
2307
§ 36-184 DUBUQUE CODE § 36-185
event shall access to the media be determined by the com-
mission. Access to the media shall be determined only by the
media. (Ord. No. 8-77, § 4, 2-21-77)
Sec. 36-185. Annual report.
The commission shall provide the city council with an an-
nual report to be submitted at the end of each year and to
contain the following information:
(1) The report shall contain information on the income
and expenditures of the commission from the funds
received from the cable company for public access;
(2) The report shall contain a listing of complaints han-
dled by the commission;
The report shall contain progress throughout the year
of programs shown over the public access channel;
(4) The report shall list a summary of activities, com-
mentary on successes and failures, and also sugges-
tions for improvement. (Ord. No. 8-77, '§ 5, 2-21-77)
(3)
Supp. No. 2
2308
[The next page is 2355]
§ 3-103 APPENDIX A—ZONING § 3-104
1) Council approval: All building and site plans shall
first be approved by the City Council after a re-
port from the Planning and Zoning Commission.
2) Planning and zoning report: The Planning and
Zoning Commission shall report upon the effect of
the proposed building, structure or use upon the
character of the neighborhood, traffic conditions,
and other matters pertaining to the public safety
and general welfare. (Ord. No. 15-78, § 1, 4-3-78)
3-103.9 Structures Permitted Above the Height Limits
The building height limitations of this ordinance shall
be modified as follows:
1) Appurtenances: The following appurtenances may
exceed the prescribed height limit provided they
are normally required for a use permitted in the
district in which they are erected or constructed :
flagpoles, chimneys, cooling towers, condensers,
elevator bulkheads, belfries, stacks, penthouses for
other than living purposes, ornamental towers,
monuments, cupolas, domes, spires, and other neces-
sary mechanical appurtenances and their protec-
tive housing.
2) Churches: Churches may be erected to a height
not exceeding seventy-five (75) feet, provided
that such buildings shall provide at least one (1)
additional foot of yard space on all sides for each
additional foot by which such building exceeds the
maximum height limit of the district in which it
is located. (Ord. No. 55-78, § 1, 9-18-78)
Section 3-104 Limitations on the number of buildings, struc-
tures, and uses on a zoning lot
3-104.1 Residential or Office Residential Districts
Within any residential or office -residential district,
not more than one (1) residential or office -residential
building or other principal permitted use shall be lo-
cated on a single zoning lot. In addition, no residential
Supp. No. 4
2487
§ 3-104 DUBUQUE CODE § 3-105
building shall be located on the same zoning lot with
any other use except permitted accessory uses. The pro-
visions of this Section shall not apply to any Planned
Unit Development (PUD) District. (Ord. No. 5-78, §
1, 1-16-78)
3-104.2 Nonresidential Districts
In any district other than a residential or office -resi-
dential district, any number of buildings, structures, or
uses permitted by this ordinance may be established,
constructed, or maintained on a single zoning lot, ex-
cept that for any building used primarily for resi-
dential purposes and located within a commercial or
industrial district, the provisions of Section 3-104.1
shall apply.
Section 3-105 Restrictions governing the allocation and dis-
position of required yards and open space
3-105.1 All Required Yards To Be Open, Unoccupied Space
All yards required by this ordinance shall be provided
as open, unoccupied spaces extending from the natural
ground level to the sky with no obstructions whatever
except those permitted by Section 3-105.2.
3-105.2 Permitted Obstructions in Required Yards
The following obstructions and no others may be per-
mitted in a required yard :
1) Obstructions permitted in all yards: Awnings,
shutters, and canopies ; chimneys projecting no
more than twenty-four (24) inches into a required
yard; arbors and trellises ; flag poles ; steps neces-
sary for access to a building or lot from an ad-
joining street or alley; unroofed, open terraces
not more than four (4) feet above the average
grade of adjoining ground; fences, walls or hedges
as provided in Section 3-105.3; vegetation.
2) Obstructions permitted in front yards: Bay win-
dows, oriels, or balconies projecting not more than
Supp. No. 4
2488
§ 3-105
APPENDIX A—ZONING § 3-105
five (5) feet into the required yard; overhanging
eaves and gutters projecting not more than three
(3) feet into the required yard; off-street parking
of not more than two (2) vehicles, except as
limited by Section 5-101.4.
3) Obstructions permitted in rear yards: Accessory
uses, buildings or structures as permitted by Sec-
tion 5-101 of this ordinance; enclosed, attached
or detached off-street parking spaces ; balconies,
breezeways, and open, unroofed porches or ter-
races; bay windows projecting not more than five
(5) feet into the yard; overhanging eaves or gut-
ters projecting not more than three (3) feet into
the yard.
4) Obstructions permitted in side yards: Overhang-
ing eaves and gutters projecting not more than two
(2) feet into the yard; open off-street parking, ex-
cept as limited by Section 5-101.4.
3-105.3 Fences, Walls and Hedges
A fence, wall, hedge or shrubbery not exceeding six (6)
feet in height above the ground level may be erected or
Supp. No. 4
2488.1
§ .4-117
APPENDIX A—ZONING § 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 elsewherein 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-
lishment of new shopping centers of this type, and it
shall be the policy of the City that no new C-6 Districts
shall be hereafter created except as Planned Unit De-
velopments in conformance with the special require-
ments and provisions of 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) Indoor restaurants or drive-in restaurants. (Ord.
No. 47-75, § 1, 12-22-75)
Supp. No. 1
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 4-117.2, 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 4-114.2],
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 Regulations
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 200 square feet of
Parking Spaces gross floor area
Supp. No. 1
2564
§ 4-117 APPENDIX A --ZONING § 4-118
4-117.6 Special Provisions Governing the Expansion of
Existing C-6 Planned Commercial Districts and
Uses Contained Therein
4-117,6.1 Expansion of an Existing C-6 Planned Com-
mercial District
No expansion of an existing C-6 Planned Com-
mercial District shall be permitted by the council
except as a plan for such expansion is submitted
and approved as a planned unit development in
accordance with the requirements and procedures
of Section 4-110 of this ordinance.
4-117.6.2 Expansion of Existing Buildings.and Addi-
tion of New Buildings or Uses
No expansion of existing buildings and no addi-
tion of new buildings or uses shall be permitted
within an existing C-6 Planned Commercial Dis-
trict except as a plan for the entire district in-
cluding such expansion or addition is submitted
and approved as a planned unit development in
accordance with the requirements and procedures
of Section 4-110 of this ordinance. (Ord. No. 49-78,
§ 1, 8-21-78)
Section 4-118 ID Institutional District
4-118.1 General Statement of Intent
The ID Institutional District is a special purpose Dis-
trict designed to address the particular problems and
characteristics of Dubuque's many institutional facili-
ties. It is the intent of this ordinance that this district
shall only be applied to facilities possessing the charac-
teristics of institutional use set forth in this Section.
The Council finds that several factors distinguish in-
stitutions from other land use activities. The most
salient feature of institutions is their tendency to func-
tion as substantially separate communities within the
City. They maintain a large and definable resident pop -
Supp. No. 4
2565
§ 4-118
DUBUQUE CODE § 4-118
ulation within a more or less discrete geographical
area. Typically, a broad range of essential living serv-
ices and facilities are provided by the institutions in-
ternally for both its resident and transitory popula-
tions. A second common feature of institutions is a
primary educational, medical, religious, or charitable
purpose. This distinguishes them from commercial
nursing homes, hotels, boarding houses, and similar
uses.
Because of these purposes, and the fact that institu-
tions often provide services useful or beneficial to the
public welfare, the use regulations for this district are
broadly worded to permit a reasonable latitude for in-
stitutional self-determination. The Council recognizes,
however, that the maintenance or creation of certain
uses desirable to the institutional community may be
unbeneficial or even inimical to the public welfare. This
is a particularly true in locations where the institution
abuts the broader community or where the use is of a
size or intensity that is likely to affect a public interest
or attract substantial public involvement in its opera-
tion, such as commercial uses. For this reason, indi-
vidual scrutiny in accordance with prescribed stand-
ards will be exercised over the establishment and op-
eration of uses potentially harmful to the public welfare
within ID Institutional Districts, and it is the express
intent of Council that the regulations of this District
should be so interpreted as to exclude all commercial
uses not specifically authorized herein.
It is further the intent of this ordinance that, because
of the very substantial impact institutional uses may
have upon the surrounding community, no expansion of
Supp. No. 4
2566
CODE COMPARATIVE TABLE
Section
Ord. No. Date Section this Code
5-78 1-16-78 1 App. A, § 3-104.1
6-78 1-16-78 1 25-142
8-78 2-20-78 1 25-190
10-78 3-13-78 1 25-212(b), (c)
11-78 3-13-78 1 25-183
12-78 3-20-78 1 App. A, §§ 4-110.4.4--
4-110.4.6
2 App. A, § 4-110.10.3
3 App. A, § 4-110.12.4.5
4 App. A, Art. XI
14-78 3-20-78 1 25-212(b)(2)
15-78 4- 3-78 1 App. A, § 3-103.8
2 Rpld App. A, § 4-102.2(3)
17-78 4- 3-78 1 14-69
18-78 4- 3-78 1 14-74
19-78 4-17-78 1 App. A, § 4-118.6.3
2 App. A, § 4-118.8
22-78 4-17-78 1 191-11
23-78 4-17-78 1 18-2
26-78 5- 1-78 1 25-210
28-78 5- 1-78 1 4-12-4-19
29-78 5- 1-78 1 Rpld 25-190
31-78 6- 5-78 1 App. A, § 4-109.4
35-78 6- 5-78 1 25-326
36-78 6- 5-78 1 25-326
38-78 6-19-78 1 25-210(b)
39-78 6-28-78 1 App. A, § 1-101.3
2 App. A, § 4-111.1
40-78 6-28-78 1 App. A, § 4-111.2
47-78 8- 7-78 1 6-2
48-78 8-21-78 1 App. A, Art. XI
49-78 8-21-78 1 App. A, § 4-117.6
50-78 8-21-78 1, 2 35-21,35-22
52-78 9- 5-78 1 25-257
53-78 9- 5-78 1 25-828.1
55-78 9-18-78 1 App. A, §§ 8-109.3, 4-106.4
62-78 11- 6-78 1 25-257(c)
68-78 11- 6-78 1 25-826
64-78 11- 6-78 1 25-326
66-78 11-20-78 1 13-16
68-78 12- 4-78 1 Rpld 6-21
69-78 12-18-78 1 16-6-16-8
70-78 12-18-78 1 16-9
71-78 12-18-78 1 24-3
72-78 12-18-78 1 16-17-16-25
Supp. No. 4 [The next page is 3001]
2977
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's 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
Supp. No. 2
3017`
Section
10-2 (20 ')
10-20
10-18
10-21
10-19
10-17
10-4
10-2(2305)
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
17-1
14-9
36-72 et seq.
21-1 et seq.
DUBUQUE CODE
CABLE TELEVISION - Section
Dubuque cable TV commission
Access to media, control over 36484
Annual reports 36-185
Appointment, terms of office of members 36-182(a)
Chairperson, secretary and treasurer - 36-182 (b)
Community access funds -
Expenditure of 36-183
Right to deny 36-184
Composition 36-182 (a)
Election of officers 36-182(b)
Meetings 36-182(c)
Membership 36-182
Purpose of provisions 36-181
Voting _____ 36-182(d)
CALLINGS
Occupational license requirements in general 24-1 et seq.
Licenses and permits. See that title
CANVASSERS
Peddlers' regulations 28-1 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
Area delineated 24-25
Bakery goods, regulation for sale _____________ 24-26(b)(3)
Display of merchandise
Merchandise permitted; limitations and prohibitions 24-26
Fruits and vegetables, regulations for sale 24-26(b)(4)
Homemade jellies, catsup, etc.
Limitations and prohibitions on sale 24-26(b) (2)
Inspection of merchandise ___ 24-32
Confiscation of unfit food 24-32
Supp. Na. 2
3018
CODE INDEX
CENTRAL MARKET—Cont'd. Section
Limitations and prohibitions on display, sale, etc. 24-26(b)
Market area delineated 24-25
Market master
Designated; duties 24-30
Market stalls
Establishment of 24-27
Stall use permits. See within this title that subject
Permitted merchandise to be sold, displayed, etc. 24-26
Protection of foodstuffs from exposure to flies, dust,
etc. 24-26(b)(5)
Stall use permits
Fee 24-27
Issuance 24-27
Restricted to Central Market area 24-28
Revocation 24-29
State laws relating to licensing inspection and taxa-
tion
Compliance with 24-26(b) (1)
Traffic regulations 24-31
Weights and measures 24-33
Accuracy of measuring devices, testing 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 24-1
Miscellaneous business licenses 24-3(1)
CHURCHES
Prohibited noise, noise regulations, etc. _________ 26-139 et seq.
Noises. See that title
Supp. No. 2
3018.1
CODE INDEX
CITY COUNCIL—Cont'd. Section
Precedence of motions on subject in question 2-44
Reconsideration of 2-48
Quorum ___ 2-34
Records 2-23
Requirements for nonmembers addressing council ____ 2-39
Rules, enforcement 2-52
Rules to be strictly adhered to 2-31
Special meetings 2-55
Temporary suspension 2-31
Voting by ayes and nays, recording 2-54
Powers and duties in general 2-2
Specific powers, etc. See specific subjects
Terms of office 2-20
CITY -COUNTY AUTHORITY
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
CITY DEPARTMENTS. See: Departments and Other
Agencies of City
CITY EMPLOYEES. See: Officers and Employees
CITY ENGINEER
Emergency succession in office 2-199 et seq.
Emergency succession. See that title
CITY GOVERNMENT
Emergency location - 2-5
CITY.. MANAGER
Appointment 2-103
Appointment of councilpersons to city officers 2-110
ponds 2-103
'Chief administrative officer 2-105
Council elections, participation 2-109
Councilmeetings, duty to attend, etc, 2-51
Duties enumerated 2-106
Form of government
2-1
General powers and duties 2-2
Specific powers. See specific subjects
Oath, 2-103
Office 2-104
Political influence 2-108
Powers enumerated _ 2407
Qualifications _::i 2-103
Supp. No. 2
3021"
DUBUQUE CODE
CITY PLAN Section
Subdivisions to conform 34-5
CITY SEAL
Clerk as custodian of city seal 2-120
Custody 2-7(b)
Established 2-7(a)
CITY SEALER
Appointment 24-98
Weights and measures. See that title
CITY SOLICITOR
Annual report 2-152
Appearances in court, etc. 2-148
Bonds, signing 2-150
Claims, adjustment 2-151
Council meetings, duty to attend 2-143
Court appearances 2-148
Emergency succession in office 2-199 et seq.
Emergency succession. See that title
Forms, preparation 2-144
Location of office 2-142
Opinions, actions, etc.
Duties regarding 2-146
Record of 2-145
Ordinances, preparation 2-147
Code of ordinances. See that title
Powers and duties in general 2-141
Representation of city personnel 2-149
CITY TREASURER
Accounts, keeping 2-163
Special assessment accounts 2-164
Disbursements, etc., accounting of 2-163
Duties in general 2-159
Emergency succession in office 2-199 et seq.
Emergency succession. See that title
Finances, other. See: Finances
Fund records to be kept separate 2-160
Receipt records 2-161
Receipts
Disposition 2-165
Preparation 2-162
Special assessment accounts 2-164
CIVIC CENTER COMMISSION
Administrative and other policies of city, applicability 101/2-39
Annual report to council 101/i-40.
Supp. No. 2
3022
CODE INDEX
CIVIC CENTER COMMISSION—Cont'd. Section
Appointment, terms of members _______ 101/2-27
Chairperson, vice -chairperson and secretary
Duties of officers _____ _ 101/2-32
Election of officers ______________ _ 101/2-31
City council
Annual report to -------------- -________ ___________ 101/2-40
Filing minutes with 10%-37
Compensation 101/2-30
Composition 101/2 -27
Created 101/2-21
Donations and gifts
Solicitation and acceptance of 101/2-26
Duties and responsibilities 101/2-24
Election of officers 101/2-31
Internal rules and regulations ____ 101/2 -38
Meetings
Agenda 101/2-35
Attendance at meetings, frequency required 101/2-29
Record of attendance 101/2-29
Conduct of meetings, open and closed ________ ____________ 101/2-34
Minutes, filing with council 101/2-37
Notices of meetings; agenda 101/2-35
Organizational meetings 101/2-33(a)
Quorum and voting 10% -36
Regular and special meetings 101/2-33(b)
Membership generally 101/2-27
Minutes, filing with council 101/2-37
Officers
Duties of 10% -32
Election of 101/2-31
Organization 101/2 -31
Programs, projects and services
Conformity to legal and policy restrictions 101/2-25
Purposes, objectives generally 101/2-22
Purposes, specific 101/2-23
Quorum and voting 101/2-36
Residency requirements for members 101/2-27 (c)
Solicitation and acceptance of donations and gifts ____ 101/2-26
Specific purposes 101/2-23
Vacancies in membership 101/2-28
CIVIL DEFENSE
Appointees' oath 11-24
County -municipal civil defense agency
Appointees' oath 11-24
Composition
Generally ____________________________ 11-17
Operational organization __________ ________________ _________ __ 11-18
Supp. No. 2
3023
DUBUQUE CODE
CIVIL DEFENSE—Cont'd. Section
Created 11-16
Director -
Office created 11-22
Powers and duties 11-23
Duties 11-20
Functions and duties, distribution 11-21
Organizational structure, terminology and titles 11-19
Dubuque -County -Municipal Civil Defense Agency
Expenses 11-25
Expenses 11-25
Mayor's emergency proclamation
Obedience required 11-1
CIVIL DISORDER
Emergency powers of mayor 2-84
CIVIL RIGHTS
Enforcement of civil rights ________ 21-77 et seq.
Human relations. See that title
CIVIL SERVICE COMMISSION
Applicability 2-178
Applicants to be examined 2-186
Appointment 2-181
Chairman - 2-183
Clerk 2-183
Compensation 2-182
Created 2-179
Examinations 2-187
Meeting room, equipment, recorder, etc.
Council to furnish 2-184
Personnel records 2-185
Provisions to comply with statutes 2-178
Qualifications, generally 2-180
Record of meetings 2-185
Terms of office 2-181
CLAIMS
Adjustment of claims by solicitor 2-151
CLAIRVOYANCE
Fortunetellers' license requirements 24-46 et seq.
CLERK. See: City Clerk
CLINICS
City -operated ambulance rates 18-52
CLOSING -OUT SALES
Going -out -of -business sales regulations 24-60 et seq.
Going -out -of -business sales. See that title
Supp. No. 2
3024
CODE INDEX
CORRALS
Livestock keeping restrictions
Animals and fowl. See that title
Section
7-2
COUNCIL. See: City Council
COUNSEL FOR CITY
City solicitor 2-141 et seq.
COUNTY
Defined 1-2
COUNTY -MUNICIPAL CIVIL DEFENSE AGENCY
Created, etc. 11-16 et seq.
Civil defense. See that title
COURTS
City solicitor, duties 2-148
Human relations provisions 21-1 et seq.
Opinions and actions of solicitor, record of ___________Y___ 2-145
Prohibited noise, noise regulations, etc. 26-129 et seq.
Noises. See that title
COWS, CATTLE, ETC.
Animals at large, etc. 7-2
Animals in general. See: Animals and Fowl
CREDIT
Unfair and discriminatory practices 21-67
Unfair and discriminatory practices. See also that
title
CRIMES
False reports 26-6
CRYSTAL GAZERS
Fortunetellers' license requirements 24-46 et seq.
CURBS AND DRIVEWAYS
Construction __ 33-25 et seq.
Streets and sidewalks. See that title
DAGGERS
Concealed weapons
Firearms and weapons.
D
DAIRIES
Milk and milk products
Milk and milk products.
Supp. No. 2
See that title
See that title
3026.1
27-12
16-28 et seq
DUBUQUE CODE
DAMAGED GOODS SALES Section
Going -out -of -business sales regulations 24-60 et seq.
Going -out -of -business sales. See that title
DANCING
Public dances and dance halls 6-90 et seq.
Public dances and dance halls. See that title
DEAD DOGS
Notice to police department 7-49
DEEDS
Execution 2-8
Supp. No. 2
3026.2
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 27-16et seq.
Parks and recreation. See that title
Supp. No, 1
3027
DUBUQUE CODE
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
DIRECTOR OF PUBLIC WORKS
Office created, responsibilities, etc. 2-169 et seq.
Public works and improvements. 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 2-5'
Emergency succession in office 2-199 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
Supp. No. 1 3028
CODE INDEX
DISORDERLY HOUSES, ETC. Section
Prostitution, etc. 26-8
Supp. No. 1
3028.1
CODE INDEX
DISTURBING THE PEACE, Section
Disturbing assemblages 26-3
Interference with policemen, firemen 26-5
Ringing of bells, gongs, etc. 26-4
Fighting
Generally 26-1
DOCK MANAGER
Emergency succession in office 2-199, et seq.
Emergency succession. See that title
DOCK STREETS,
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and
the adopting ordinance of this code
DOCKS. See: Municipal Waterfront and Docks
DOCTORS
City -operated ambulance rates 18-52
DOGS
Regulated 7-16 et seq.
Animals and fowl. See that title
DOOR-TO-DOOR SALESMEN
Peddlers regulations 28-1 et seq.
Peddlers, canvassers and solicitors. See that title
DRAINAGE
Automatic clothes washing machine 30-7
Plumbing. See that title
DRIVE-IN THEATERS
'Open air shows 6-75 et seq.
Open air shows. See that title
Theaters and halls in general 6-128 et seq.
Theaters and halls. See that title
DRIVEWAYS
Construction 33-25 et seq.
Streets and sidewalks. See that title
DRUGS AND MEDICINE
Model glue 26-84 et seq.
Model glue. See that title
Patent medicine distribution 3-20
Roller skating rinks, offenses in 6-151
Roller skating •rinks. See that title
DRUNKENNESS
Intoxication in public places 5-6, 26-9
3029
DUBUQUE CODE
DUBUQUE, •CITY OF. See: City Section
DUBUQUE COUNTY. See: County
DUBUQUE COUNTY -MUNICIPAL CIVIL DEFENSE
AGENCY
Created, etc. 11-16 et seq.
Civil defense. See that title
DUBUQUE MUNICIPAL AIRPORT
Name, location 4-1
Airports and aircraft. See that title
DUTCH ELM DISEASE
Requirements 37-38 et seq.
Trees and shrubbery. See that title
DWELLINGS
Housing standards 20-1 et seq.
Housing. See that title
DYNAMITE
Storage 26-10
Explosives and blasting agents. See that title
E
EARTHQUAKES
Building code amendments 10-2
Emergency location for city government 2-5
EASEMENTS
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and
the adopting ordinance of this code
Street defined to include 1-2
Streets in general. See: Streets and Sidewalks
E. B. LYONS FOREST PRESERVE AND NATURE
CENTER
Regulations 27-73
Parks and recreation. See that title
ELECTIONS
City manager, restrictions regarding 2408 et seq.
Mayor 2-81
Precincts
Definitions and rules of construction 12-16
Division of city into 12-19
Errors, correction of 1248
Precincts described 12-20 et seq.
3030
CODE: INDEX:
ELECTIONS—Cont'd. Section
Twenty-five precincts
City divided into 12-19.
Wards abolished 12-17.
ELECTRICITY
Appeals
Electrical appeal board. See within this title that
subject
Approved materials. 13-18
City -owned electrical conductors
Curb cuts traversing ____ 13-19
Code. See within this title: Electrical Code
Curb cuts traversing city -owned electrical conductors 13-19
Damage to wires 13-19
Defective equipment or installations
Shutting off electricity to 13-71
Electrical appeal board
Appointment 13-42
Composition 13-42
Compensation 13-45
Created 13-41
Election of officers _____ 13-43
Electrical inspector, appeals from decisions of gen-
erally - - 13-73
Meetings 13-46
Qualifications 13-42
Terms of office 13-44
Electrical code
Adoption of 13-16
Electrical hazards
Created from existing conductors during construc-
tion, etc. 13-20
Electrical inspector
Appeals from decisions: of __=__ 13-73
Electrical appeal board. See also within this
title that subject
Appointment 2-199 et seq.
Certificates of approval, issuance 13-70
Conduct of inspections _____ 13-69
Defective equipmentor installations
Shutting off electricity to 13-71
Duty to enforce provisions ___ 13-66
Emergency succession in office 2-199 et seq.
Emergency succession. Seethat title
Engaging in electrical business 13-33
Office created 13-29
Supp. No. 2
8031
DUBUQUE CODE
ELECTRICITY—Cont'd. Section
Professional organizations, membership in 13-32
Qualifications ___ 13-30
Removing obstructions to inspection
Authority 13-68
Right of entry 13-67
Unauthorized connections
Declared unlawful; exceptions 13-72
Electricians
Registration of electricians. See hereinbelow that
subject
Emergency work 13-58
Enforcement of provisions
Electrical inspector. See within this title that sub-
ject
Examining board
Appeals from actions of 13-110
Appointment 13-105
Chairman 13-107
Composition 13-104
Created 13-103
Examinations 13-88
Quorum 13-109
Registration of electricians: See also within this title
that subject
Secretary 13-108
Terms 13-106
Examination of electricians
Registration of electricians. See within this title
that subject
Existing conductors
Electrical hazards from created during construction
or other installations 13-20
Fees
Permits. See within this title that subject
Heating, air conditioning and ventilating 19-1 et seq.
Heating, air conditioning and ventilating. See that
title
Homeowner performing own work
Exceptions from permit requirements 13-55
Housing standards 20-84
Housing. See that title
Inspector. See within this title: Electrical Inspector
Living trees
Use of as supports 13-23
Outdoor lighting 13-22
Penalty for violations 13-13
Supp. No. 2
30032.
CODE INDEX
EXPLOSIVES AND BLASTING AGENTS Section
Blasting
Bonds 26-45
Definitions 26-44
Permits
Applicant's responsibility for costs of city in-
spector 26.-48
Application 26-56
Bond and fee 26=56
Issuance 26-57
Prerequisites to 26-56
Required 26-55
Qualifications of person in charge 26-46
Safeguards, authority to require 26-47
Caps containing dynamite, blank cartridges, etc. 26-14
Firearms, discharging 26-13
Firearms and weapons. See that title
Storage of dynamite, gunpowder, etc. 26-10
Streets, discharging fireworks or explosives on 33-1
F
FALSE AND FRAUDULENT REPORTS
Reporting 26-6
FEDERAL AVIATION REGULATIONS!
Airport regulations adopted 4-3
Airports and aircraft. See that title
FENCES, WALLS, HEDGES AND ENCLOSURES
Junk and salvage operations, fencing 22-5
Livestock keeping restrictions 7-2
Animals and fowl. See that title
Park fences, climbing on 27-51
Parks and recreation. See that title
Swimming pool fencing requirements 10-37
FIGHTING
Disturbing the peace 26-21
FILLING STATIONS. See: Gasoline Service Stations,
Etc.
FINANCES
Bonds, approval 2-4
City treasurer ___ 2-159et seq.
City treasurer. See that title
Deposits of municipal funds by employees 2-73
Fiscal year designated
2-31
General special assessment fund 2-6
3035
DUBUQUE CODE
FINANCES—Cont'd.
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and
the adopting ordinance of this code
FINES, FORFEITURES AND PENALTIES,
General penalty 1-8
Code of ordinances. See that title
Section
FIRE ALARM SYSTEM
Damaging, interfering with 14-10
FIRE DEPARTMENT
Bicycles following fire apparatus 9-4
Bureau of fire prevention 14-32 et seq.
Fire prevention. See that title
Emergency succession in office 2-199 et seq.
Emergency succession. See that title
Interference with, resisting, obstructing 26-5
Service outside city 14-25
FIRE EXTINGUISHERS
Service station fire extinguishers 14-50
Gasoline service stations and tank trucks. See that
title
FIRE HYDRANTS
Caps, removal 14-11
Parking by 25-256(4)
Use restricted 36-101
Water and sewers. See that title
FIRE PREVENTION
Appeals 14-5
Bureau of fire prevention
Annual report, recommendation 14-34
Established 14-32
Officers, personnel 14-33
Supervision 14-32
Burning of trash, refuse 17-1
Code
Adopted 14-1.
Appeals 14-5
Conflicts 14-12
Definitions 14-2
Enforcement 14-4
Modifications 14-3
Violations, penalties 14-13
Conflicting provisions 14-12
Emergency situations 14-7
3036
CODE INDEX
FIRE PREVENTION—Cont'd. Section
Fire alarm system
Damaging, interfering with 14-10
Fire hydrant caps, removing 14-11
Gasoline service stations and tank trucks 14-46 et seq.
Gasoline service stations and tank trucks. See also
that title
Heating, air conditioning and ventilating 19-1 et seq.
Heating, air conditioning and ventilating. See that
title
New materials 14-6
Smoking, carrying lighted objects
Specified places restricted 14-9
Special conditions 14-8
Violations, penalties 14-13
FIRE SALES
Going -out -of -business sales regulations 24-60 et seq.
Going -out -of -business sales. See that title
FIRE SPRINKLER SERVICE
Water usage 36-162
Water and sewers. See that title
FIRE ZONES
Described 10-3
FIREARMS AND WEAPONS
Concealed weapons, carrying 26-12
Discharging firearms 26-13
Hunting with a bow and arrow 26-7
Parks, discharging in 27-50
Parks and recreation. See that title
Shooting gallery Licenses 6-114 et seq.
Shooting galleries. See that title
Toy pistols, etc.
Sale and use of 26-14
Use of bows, arrows, slingshots, other missle-throwing
devices 26-7
FIRES, CONFLAGRATIONS, ETC.
Emergency location for city government 2-5
False reports 26-6
Setting fires on pavement 33-10
Streets and sidewalks. See that title
Starting in parks 27-57
FIREWORKS
Discharging in parks 27-50
Parks and recreation. See that title
Supp. No. 4
3037
DUBUQUE CODE
FIRMS
Person defined re
Section
1-2
FISCAL YEAR
Designated 2-3
FLOOD AREAS
Designation 15-16
Entry
Permits 1548
Restricted 15-17
Posting 15-16
Vacation of dwelling 15-19
FLOOD HAZARD OVERLAY DISTRICTS
Zoning regulations. See: Zoning (Appendix A)
FLORA PARK
Regulated 27-74
Public parks. See: Parks and Recreation
FLOUR
Weighing 24405
FLOWERS
Damaging, defacing 26-17
FOOD AND FOOD SERVICES
Beverage vending machines. See within this title: Food
and Beverage Vending Machines
Central market restrictions 24-33 et seq.
Central market. See that title
Food and beverage vending machines
Disciplinary action for violations, unsanitary condi-
tions, etc. 16-25
Inspection of vending machine commissaries, vending
machines, etc. 16-24
License to operate
Application for
Agreement to maintain list, make available 16-19(b)
Form; information 16-19(a)
Exemption for operators of certain machines 16-18(b)
Expiration, renewal 16-18(a)
Fees 16-20
Food establishment, food -service licensing require-
ments
Licensed vending machines excepted from .. 16-22
Identification tags for individual machines 16-23
Nontransferable 16-21
Required 16-18(a)
Supp. No. 4
3038
CODE INDEX
FOOD AND FOOD SERVICES—Cont'd. Section
Violations
Disciplinary action for 16-25
Food -service establishments
Food service sanitation ordinance
Adopted 16-6
Amendments 16-8
Definitions 16-7
License to operate
Fee 16-9
Market restrictions 24-33 et seq.
Milk and milk products .... 16-28 et seq,
Milk and milk products. See that title
Peddlers' restrictions _.._....___________._._. 28-1 et seq.
Peddlers, canvassers and solicitors. See that title
Slaughterhouses and meat -packing plants 16-48 et seq.
Slaughterhouses and meat -packing plants. See that
title
FOOTBALL GAMES
Municipal athletic field regulations .__......._............ . 27-86 et seq.
Parks and recreation. See that title
FOREST PRESERVE
E. B. Lyons Forest Preserve and Nature Center ..
FORFEITURES
Fines, forfeitures and penalties. See that title
Supp. No. 4
3038,1
27-73
CODE INDEX
HOME OCCUPATIONS Section
Zoning. See that title
HORNS, SIGNALING DEVICES, ETC.
Prohibited noise, noise regulations, etc. 26-139 et seq.
Noises. See that title
HORSE-DRAWN VEHICLES
Public parks, in 27-38
Parks and recreation. See that title
HORSES
Animals at large, etc. 7-2
Animals in general. See: ,Animals and Fowi
Persons discharging explosives, fireworks, etc., near__ 33-1
HOSPITALS
City -owned ambulance rates 18-52
False and fraudulent reports 26-6
Prohibited noise, noise regulations, etc. 26-1.39 et seq.
Noises. See that title
HOTELS AND MOTELS
Accommodations or services
Prohibited practices 21-48
Unfair and discriminatory practices. See that title
Hotel and motel tax. See: Taxation
Housing standards 20-141 et seq.
Housing. See that title
Miscellaneous business licenses 24-3(2)
HOUSE OF ILL FAME
Prostitution 26-8
HOUSE-TO-HOUSE SALESMEN
Peddlers' regulations 28-1 et seq.
Peddlers, canvassers and solicitors. See that title
HOUSING (Code, standards)
Additional facilities for rooming houses 20-75
Supp. No, 4
3044.1
CODE INDEX
HOUSING`Cont'd. Section
Administration 20-16 et seq.
Animals, keeping 20-106
Basements. See hereinbelow: Cellars and Basements
Basic equipment and facilities 20-69 et seq.
Bathroom floors 20-54
Board of health
Decisions on appeals 20-23
Cellars and basements
Space, use and location requirements 20-104
Certificate of compliance 20-29
Compliance
Order of compliance. See within this title: Health
Officer
Condemnation orders 20-24
Condemned buildings
Right to demolish 20-26
Cooking equipment 20-59
Definitions — 20-3
Demolition
Condemned buildings ___ 20-26
Drains, minimum standards 20-55
Dwelling units
Responsibilities of owners and occupants 20-124
Egress
Minimum standards 20-41
Electric lighting 20-84
Enforcement 20-16 et seq.
Enforcement costs
Assessment against property 20-28
Equipment and utilities
Maintenance 20-58
Exterior wood surfaces 20-56
Fences and nondwelling structures 20-62
Floors, interior walls and ceiling
Minimum standards 20-50
Foundations, exterior walls and roofs
Minimum standards 20-49
Garbage disposal 20-73
Health officer
Appeals 20-22
Decision of board of health on 20-23
Designation of person in charge 20-18
Enforcement authority 20-16
Notice of violation 20-19
Appeals 20-22
Duplicates 20-20
3045
DUBUQUE CODE'
HOUSING--Cont'd. Section
Order of compliance 20-19
Duplicates 20-20
Performance of work by city upon owner's failure
to comply, etc. 20-21
Order of compliance
Appeals 20-22
Right to demolish condemned buildings 20-26
Right -of -entry 20-17
Heat furnished 20-92
Heating, air conditioning and ventilating __ _ ____ 19-1 et seq.
Heating, air conditioning and ventilating. See that
title
Heating facilities 20-91
Hotels. See hereinbelow: Rooming Houses, Hotels and
Motels
Human relations provisions 21-1 et seq.
Junk storage 20-107
Kitchen facilities
Basic equipment and facilities 20-70
Joint use _ 20-105
Lavatory facilities
Basic requirements 20-71
Leasing
Basic equipment and facilities, compliance 20-69
Light, ventilation and heating 20-82
Rooming houses, etc. 20-141 et seq.
Space, use and location requirements 20-99 et seq.
Light, ventilation and heating
Bathrooms, lighting 20-86
Compliance prerequisite to occupancy and leasing 20-82
Draining 20-89
Electric lights 20-84
Heat furnished 20-92
Heating 20-91
Public halls, lighting 20-85
Screening
Screens on basement windows 20-90
Ventilation
Bathrooms 20-88
Generally 20-87
Windows 20-82
Means of egress
Rooming houses, etc. 20-145
Minmum standards 20-41 et seq.
Motels. See hereinbelow: Rooming Houses, Hotels and
Motels
3046
CODE INDEX
HOUSING—Cont'd. Section
Non -dwelling structures and fences 20-62
Notice of compliance
Health officer. See hereinabove that subject
Notice of violation
Assessment of costs against property 20-28
Condemnation orders 20-24
Placards and notices, unauthorized removal 20-26
Vacation orders 20-25
Notices and placards, unauthorized removal 20-27
Occupancy or leasing
Basic equipment and facilities, compliance 20-69
Compliance prerequisite to 20-48
Light, ventilation and heating 20-82
Notice of maximum occupancy 20-129
Rooming houses, etc. 20-141
Space, use and location requirements 20-99 et seq.
Unlawful, when 20-110
Vacant dwellings 20-61
Owners and occupants, duties
Dwelling units, responsibility 20-124
Generally 20-122
Maximum occupancy, notice 20-129
Pests, extermination 20-128
Public areas, responsibility 20-123
• Screens and screening 20-127
Supplied facilities 20-125
Waste matter, removal 20426
Permits
Issuance, conditions for 20-160
Required 20-159
Person in charge, designation of 20-18
Pest control 20-128
Plumbing fixtures
Generally 20-53
Privacy of dwelling unit rooms 20-103
Public areas
Responsibility of owner and occupants 20-123
Purpose 20-2
Rooming houses, hotels and motels
Additional facilities 20-75
Basic equipment 20-142
Bedding, bed linen and towels 20-143
•Compliance 20441
Guest register 20-147
Means of egress 20-145
Minimum space 20-144
3047
DUBUQUE CODE
HOUSING—Cont'd. Section
Occupancy or leasing
Compliance prerequisite to 20-141
Sanitary maintenance by owner 20-146
Rubbish storage 20-73
Safe and sanitary maintenance of dwellings, etc. 20-48 et seq.
Sanitation facilities, sharing _ 20-72
Screens and screening 20-89 et seq.
Owners and occupants, duties 20-127
Services, facilities, utilities, equipment
Removal of 20-60
Short title 20-1
Space, use and location requirements __ 20-99 et eq.
Access to public streets 20-109
Animals, keeping 20-106
Ceiling heights 20-102
Cellars and basements 20-104
Compliance prerequisite to occupancy or leasing _ 20-99
Joint use of kitchen facilities 20-105
Junk, storage 20-107
Kitchen facilities
Joint use by more than one family 20-105
Privacy of rooms 20-103
Size
Dwelling unit 20-100
Rooms _____ 20-101
Street access 20-119
Temporary buildings 20-108
Unlawful occupancy 20-110
Stairways and porches
Standards 20-52
Supplied facilities
Owners' and occupants' responsibilities 20-125
Temporary dwellings 20-108
Unfair housing practices 21-64
Human rights commission. See that title
Unfit dwellings
Enumerated conditions 20-172
Unlawful occupancy 20-1.10
Vacant dwellings
Occupancy of 20-61
Vacation orders 20-25
Violations
Health officer. See hereinabove that subject'
Waste matter
Duty of owner or occupant to remove 20-126
Walls, ceilings and interior woodwork 20-57
3048
CODE INDEX
HOUSING—Cont'd. Section
Water closets, lavatory basins, etc.
Sharing _ 20-72
Water heating facilities 20-74
Windows
Light, ventilation and heating 20-83
Windows, exterior doors and basement hatchways
Standards 20-51
HUMAN RELATIONS
Enforcement of civil rights
Cease and desist order 21-83
Complaints
Amendment of complaints 21-78
Execution 21-77
Filing 21-77
Time limitation for 21-79
Notice; investigations 21-81
Persons who may make _____ 21-77
Evidentiary rule 21-86
Failure to reach settlement by conciliation
Proceedings upon 21-82
Findings by commission; available remedies; etc. 21-83
Judicial review; enforcement actions 21.87
Procedural rules 21-85
Remedies
Available remedies 21-83
Provisional remedies 21-84
Unfair and discriminatory practices 21-39 et seq.
Unfair and discriminatory practices. See that title
HUMAN RIGHTS COMMISSION
Appointment of members ______________________________ 21-18
Cease and desist orders 21-83
Compensation 21-20
Complaints _____ 21-77 et seq.
Composition 21-17
Confidential nature of complaints, etc. 21-26
Created 21-16
Definitions 21-1
Enforcement 21-77 et
Evidentiary rules 21-86
Failure to reach settlement by conciliation
Proceedings upon 21-82
Finding by commission on complaint, etc. -------- 21-83
Judicial ,review, enforcement actions 21-87.
Meetings 21=23
Quorum 21-24
Supp. No. 2
3049
DUBUQUE CODE
HUMAN RIGHTS COMMIS,SION--Cont'd. _ Section
Notices and investigations 21-80 et seq.
Officers 21-19
Powers and general duties 21-27
Procedural rules 21-85
Provisional remedies 21-84
Records to be public, exceptions 21-25
Remedies available .21-83
Removal for unexcused absences 21-21
Rules 21-22
Terms of office 21-18
Unfair and discriminatory practices 21-39 et seq.
Unfair and discriminatory practices. See that title
Vacancies, filling 2148
HUNTING
Bows and arrows, , with 26-7
ILL FAME, HOUSE OF
Prostitution or lewdness 26-8
INCINERATORS
Sale, installation restricted
17-2
INDECENCY AND OBSCENITY
Indecentexposure ____ 26-11
Lewd places __ 26-8
Prostitution. See that title
Public parks, indecent exposure in 27-76
INDUSTRIAL REVENUE BONDS
Financing fees r 29-2
Investigation 29-1
Planning and development. See that title
INOCULATION
Rabies control regulations ____ 7-45 et seq.
INTERSECTIONS
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and
the adopting ordinance of this code,
Traffic. See that title
INTERSTATE COMMERCE
Peddlers' provisions 28-22
Peddlers, canvassers and solicitors. See that title
Supp. No. 2
305;U.
CODE INDEX
INTOXICATING LIQUOR Section
Alcoholic beverage regulations 5-1 et seq.
Alcoholic beverages. See that title
INTOXICATION
Public drunkenness 26-9
IOWA, STATE OF. See: State
ITINERANT MERCHANTS
Peddlers' regulations 28-1 et seq.
Peddlers, canvassers and solicitors. See that title
J
JACOB BRAKE
Prohibited noise, noise regulations, etc. 26-139 et seq.
Noises. See that title
JOINT AUTHORITY
Word usage for interpreting code 1-2
JUNK AND JUNK DEALERS
Construction tools
Required notice upon receipt of 22-4
Supp. No, 2
3050.1
CODE INDEX
JUNK AND JUNK DEALERS—Cont'd. Section
Definitions 22-1
Fencing requirements 22-5
Licenses
Fees 22-18
Required 22-17
Minors, dealing with 22-3
Records required 22-2
Salvage operations
Fences required 22-5
JUNK STORAGE
Housing restrictions 20-107
Housing. See that title
K
KNIVES
Concealed weapons
Firearms and weapons. See that title
L
26-12
LABORERS
Assembling for purpose of intimidation 26-31
Human relations provisions 21-1 et seq.
Unfair employment practices 21-56 et seq.
Human rights commission. See that title
LAND, REAL ESTATE
Defined 1-2
LAUNCHING RESTRICTIONS
Municipal dock __ 26-116
Municipal waterfront and docks. See that title
LAVATORY FACILITIES
Dwelling units 20-71
Housing. See that title
LAWNMOWERS
Noise, creating 2!6-143(c)
LAWSUITS
City solicitor, generally 2-141 et seq.
City solicitor. See that title
LAWYERS
City solicitor _ 2-141 et seq.
City solicitor. See that title
LEASES
Noise equipment, leasing 26-146
3051
DUBUQUE CODE
LEGAL HOLIDAYS. See: Holidays Section
LEGAL REPRESENTATION
City solicitor 2-141 et seq.
LIBRARIAN
Emergency succession in office 2-.199 et seq.
Emergency succession. See that title
LIBRARY
Board of trustees
Annual reports 23-7
Buildings, donations, duties regarding 23-6
Compensation _ 23-3
Composition 23-1
Eligibility for membership 23-2
Funds, handling, disposition ____ 23-8
Powers and duties in general ____ 23-5
Terms of members 23-4
Vacancies, filling 23-5
LICENSES AND PERMITS
(Note—In conjunction with the subjects listed herein
which apply to all businesses, etc., see also spe-
cific occupations, professions, trades, businesses,
etc.)
Airport permits 4-6 et seq,
Airports and aircraft. See that title
Ambulances 1'8-28 et seq.
Ambulances. See that title
Auctions and auctioneers 8-27 et seq.
Auctions and auctioneers. See that title
Bicycle registration 9-22 et seq.
Bicycles. See that title
Billiard parlors 6-29 et seq.
Poolrooms and billiard parlors. See that title
Billposting and handbill distribution ____ 3-14 et seq.
Advertising. See that title
Blasting permits 26-44 et seq.
Explosives and blasting agents. See that title
Bowling alleys 6-43 et seq.
Bowling alleys. See that title
Central market 24-25 et seq.
Central market. See that title
Circuses, carnivals and menageries 6-58 et seq.
Circuses, carnivals and menageries. See that title
Curb and driveway permits 33-32 et seq.
Streets and sidewalks. See that title
3052
CODE INDEX
LICENSES AND PERMITS—Cont'd. Section
Dancing __ 6-90 et seq.
Public dances and dance halls. See that title
Definitions 24-1
Dog licenses 7-31 et seq.
Animals and fowl. See that title
Electrical permits 13-63 et seq..
Electricity. See that title
Excavations in streets 33-62 et seq.
Streets and sidewalks. See that title
Food service establishment 16-16
Food and food services. See that title
Fortunetellers and similar practitioners 24-46 et seq.
Fortunetellers, etc. See that title
Going -out -of -business sales 24-6.0 et seq.
Going -out -of -business sales. See that title
Halls and theaters __ 6-128 et seq.
Theaters and halls. See that title
Housing permits 20-159
Junk dealers, etc. 22-17 et seq
Junk and junk dealers. See that title
Liquor control licenses and beer permits 5-19 et seq.
Alcoholic beverages. See that title
Milk plants 16-36
Milk and milk products. See that title
Motor vehicle registration and plates 25-77 et seq.
Traffic. See that title
Municipal waterfront and dock permits 26-112 et seq.
Municipal waterfront and docks. See that title
Noise variance permits 26-156 et seq.
Noises. See that title
Occupational licenses
Applications 24-4
Changes in location 24-9
Effect of provisions 24-13
Exemptions 24-12
Expiration 24-11
Issuance 24-5
Miscellaneous businesses 24-3
Penalty for renewal of delinquent licenses 24-1,1
Proration of fees 24-7
Records 24-6
Refund of fees 24-8
Required 24-2
Revocation 24-10
Transferability 24-9
3053
DUBUQUE CODE
LICENSES AND PERMITS—Cont'd.. Section
Open air shows _ 6-75 et seq.
Open air shows. See that title
Peddlers' licenses 28-17 et seq.
Peddlers, canvassers and solicitors. See that title
Plumbers' licenses and examinations, etc. 30-76 et seq.
Plumbing. See that title'
Plumbing permits 30-54 et seq.
Plumbing. See that title
Poolrooms 6-29 et seq.
Poolrooms and billiard parlors. See that title
Private disposal systems 36-43 et seq.
Water and sewers. See that title
Private garbage collector's license 17-39 et seq.
Garbage and trash. See that title
Private landfill sites 17-75 et seq.
Garbage and trash. See that title
Public dances and dance halls 6-90 et seq.
Public dances and dance halls. See that title
Rat control 24-78 et seq.
Rat control. See that title
Registration of electricians 12-82
Electricity. See that title
Rooming houses, hotels and motels, permits 20,1591 et seq.
Service station licenses 14-67 et seq.
Gasoline service stations and tank trucks. See that
title
Shooting galleries 6-114 et seq.
Shooting galleries. See that title
Sign permits, licenses and bonds ____ 3-64 et seq.
Advertising. See that title
Slaughterhouses and meat -packing plants 16-60 et seq.
Slaughterhouses and meat -packing plants. See that
title
Street and sidewalk excavation permits 33-62 et seq.
Streets and sidewalks. See that title
Swimming pool permits 10.34 et seq.
Taxicabs 38-31et seq.
Vehicles for hire (taxicabs). See that title,
Theaters and halls 6-128 et seq.
Theaters and halls. See that title
Transient merchants 28-17 et seq.
Peddlers, canvassers and solicitors. See that title
Tree trimmer's license 37-23 et seq.
Trees and shrubbery. See that title
Vehicles for hire (taxicabs) 38-31 et seq.
Vehicles for hire (taxicabs). See that title
3054
CODE INDEX
OFFICERS AND EMPLOYEES—Cont'd. Section
Mayor 2-81 et seq.
Mayor. See that title
Municipal funds, deposits of 2-73
Municipal parking garage operators 25-296
Traffic. See that title
Pensions and retirements
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and
the adopting ordinance of this code
Personnel records 2-185
Civil service commission. See that title
Plumbing inspectors 30-24 et seq.
Plumbing. See that title
Powers and duties of manager 2-107
Representation, duties of solicitor 2-149
Transfer of records and property to successor 2-74
ONE-WAY STREETS
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and
the adopting ordinance of this code
OPEN AIR SHOWS
Definitions 6-75
Exemptions 6_78
Licenses
Exemptions 6-78
Fees 6-77
Required 8-76
Theaters and halls in general 6-128 et seq.
Theaters and halls. See that title
OPENING BOXES
Prohibited noise, noise regulations, etc. 26-139 et seq.
Noises. See that title
ORDERTAKERS
Peddlers' regulations 28-1 et seq.
Peddlers, canvassers and solicitors. See that title
ORDINANCES
Annual appropriation ordinance 2-24
Code of ordinances 1-1 et seq.
Code of ordinances. See that title
ORGANIZED LABOR
Assembling for purpose of intimidation 26-31
Supp. No. 3
3063
DUBUQUE CODE
OUTDOOR ADVERTISING Section
Advertising regulations in general 3-1 et seq.
Advertising. See that title
OUTDOOR BURNING
Garbage and trash 17-1
OUTDOOR LIGHTING
Electrical requirements 13-14
OUTDOOR THEATERS
Open air shows 6-75 et seq.
Open air shows. See that title
P
PALMISTRY
Fortunetellers' license requirements 24-46 et seq.
PARADES
Circus parades __ _ _--------__-- _._--- 6-63
PARK SUPERINTENDENT
Emergency succession in office ._._ 2.-199 et seq.
Emergency succession. See that title
PARKING
Motor vehicle parking in general . 25-256 et seq.
Traffic. See that title
PARKING LOTS
Airport parking lots 4-12 et seq.
Airports and aircraft. See that title
Municipal parking lots 25-304 et seq.
Traffic. See that title
PARKING METERS
Airport parking lots, parking meters 4-12 et seq.
Airports and aircraft. See that title
Regulation 25-321 et seq.
Traffic. See that title
PARKINGS
Display of advertising material on 3-1
PARKS AND RECREATION
Municipal athletic field
Application for use 27-87
Changes, alterations restricted 27-91
City's right to cancel applications, refund fees 27-90
Concession rights 2.7-95
Supp. No. 3
3064
CODE INDEX
PARKS AND RECREATION—Cont'd. Section
Custodians' right of access 27-94
Refund of fees, when 27-89, 27-90
Rental fees, exemptions 2'7-88
Substitution of later period for original applications 27-89
Supervision and management __. 27-86
Use for unlawful purposes 27-93
User's duty to restore field after use 27-92
Petrakis Park. See within this title: Municipal Athletic
Field
Supp. No. 3
3064.1
(
CODE INDEX
RAT CONTROL—Cont'd. Section
Definitions 24-78
Enforcement 24-80
Eradication measures required upon notice 24-81
Enforcement 24-80
Garbage and refuse storage and accumulation 24-86
Inspections, correction orders and/or notices 24-82
Occupancy of non -complying buildings restricted 24-84
Ratproofing, elimination and maintenance of premises,
etc. 24-79
Ratproofing required upon notice 24-80
Removal of ratproofing 24-83
Storage of animal food restricted 24-85
REAL ESTATE, LAND
Defined 1-2
Property in general. See: Property,
RECEIPTS
Treasurer, duties
City treasurer. See that title
RECORDS. See: Public Records
2-159, et seq.
RECREATION DIRECTOR
Emergency succession in office 2-199 et seq.
Emergency succession. See that title
Parks and recreation. See that title
REFUSE. See: Garbage and Trash
REGISTRATION
Airport personnel 4-8
Bicycles 9-22 et seq.
Bicycles. See that title
RELEASES
Execution 2-8
RELIGIOUS RELATIONS
Human relations provisions 21-1 et seq.
RENTALS
Noisy equipment, rental of 26-146
REPEALS
Effect of repeal of ordinances 1-5
RESIDENTIAL AREAS
Circuses, carnivals, etc., excluded from 6-62
3075
DUBUQUE, CODE
RESOLUTIONS
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and
the adopting ordinance of this code
RETAIL STORES
Smoking in 14-9
RETIREMENTS
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and
Section
the adopting ordinance of this code
REVOLVERS, RIFLES, ETC.
Concealed weapons
27-12
Firearms and weapons. See that title
RIGHT-OF-WAY
Street defined to include 1-2
Streets in general. See: Streets and Sidewalks
RINKS, SKATING. See: Roller Skating Rinks
RIOT'S
Assembling for purpose of 216-30
Assemblies. See that title
RIVERS
Flood areas 16-16 et seq.
Flood areas. See that title
Municipal waterfront and docks 26-1110 et seq.
Municipal waterfront and docks. See that title
ROLLER SKATING RINKS
Certain acts and persons prohibited 6-151
Cleanliness, sanitation, safety 6-150
Conduct of patrons 6-151
Definitions 6-145
Intoxicants, drugs, loitering, idlers, etc.
Offenses regarding 6-146
Licenses
Fees 6-147
Neighboring property owners consent 6-149
Required _______ 6-146
Revocation 6-148
Minors, regulations regarding 6-146(1)
Neighboring property owners' consent
Required for location 6-149
Noises 6-152
Permitted hours of operation 6-153
3076
CODE INDEX.
ROOF .SIGNS Section
Regulated 3-55
ROOMING HOUSES
Housing facilities, additional 20-75
Housing standards 20-141 et seq.
Housing. See that title
RULES OF CONSTRUCTION
General definitions for interpreting code 1-2
S
SABOTAGE
Emergency succession in office 2-199 et seq.
Emergency succession. See that title
SALARIES
Officers and employees 2_68
Officers and employees. See that title
SALVAGE YARDS
Junk and junk dealers ___ 22-1 et seq.
Junk and junk dealers. See that title
SAMPLES
Patent medicine distribution 8-20
SAND BAGS
Concealed weapons 27-12
Firearms and weapons. See that title
SATURDAY
Time computed re 1-2
SCALES
Weights and measures 24-98 et seq.
Weights and mesures. See that title
SCHOOL BOARD
Recreational activities, cooperation re 27-1
SCHOOLS
Prohibited noise, noise regulations, etc. 26-139 et seq.
Noises. See that title
Subdivision sites dedicated 34-100
SEAL. See: City Seal
SEALERS
City sealer 24-98
Weights and measures. See that title
3077
DUBUQUE CODE
SEARCHLIGHTS Section
Use in parks 27-54
SECONDHAND DEALERS
Junk and junk dealers 22-1 et seq.
Junk and junk dealers. See that title
'SE'PTIC TANKS
Private disposal systems 36-43 et seq.
Water and sewers. See that title
Subdivision installations 34-18'(b)
Subdivisions. See that title
SERVICE STATIONS. See also: Gasoline Service Sta-
tions, Etc.
Fire prevention code adopted 14-1 et seq.
Fire prevention. See that title
SEiVERABILITY OF PARTS OF CODE
Generally 1-4
Code of ordinances. See that title
SEWERS. See: Water and Sewers
SHALL, MAY
Definitions ___ 1-2
SHEDS
Livestock keeping restrictions 7-2
Animals and fowl. See that title
SHEEP
Animals at large, etc. 7-2
Animals in general. See: Animals and Fowl
SHOOTING
Discharging firearms 26-13
Firearms and weapons. See that title
SHOOTING GALLERIES
Licenses
Exemptions 6-116
Fees - 6-115
Required 6414
SHOWS
Open air shows 6-75 et seq.
Open air shows. See that title
Theaters and halls 6-128 et seq.
Theaters and halls. See that title
SHRUBBERY. See: Trees and Shrubbery
3078
CODE INDEX
TAXATION—Cont'd. Section
City assessor
Appointment 36-16
City treasurer ____ 2-169 et seq.
City treasurer. See that title
General special assessment fund 2-6
Finances in general. See: Finances
Hotel and motel tax
Levy; collection 35-21
Use of revenue 35-22
Supp. No. 4
3086.1
CODE INDEX
TRAFFIC—Cont'd. Section
Overtime parking, double parking, etc.
Fines 25-274
Municipal parking lots. See within this title that
subject
Parallel parking 25-258
Parking lots, use 25-265
Passenger zones 25-260
Private property
Parking on without owner's consent 25-273
Prohibited in specified places 25-256
Prohibited at certain times and/or for longer than
specified times
Time zones designated 25-257 (c)
Vehicles not moved deemed stationary 25-257(b)
Where posted; exceptions 25-257(a)
Railroad cars, parking near certain streets 32-7
Railroad crossing, within certain distances 25-256(7)
Removal of certain vehicles authorized
Prerequisites to release 25-278
Residences, in front of 25-262
Restrictions during snow removal 25-338 et seq.
Snow removal operations. See within this title that
subject
Right-of-way provisions applicable to 25-207 et seq.
Roadway side of another vehicle, etc. 25-256(10)
Sale or storage of vehicle
Parking vehicles for purposes of 26-267
Sidewalk, on 25-256(1)
Signal required when stopping or decreasing speed
suddenly 25-179,
Snow or ice removal
Parking in interference with 25-274(4)
Special permits for sale or storage purposes 25-267
Starting parked vehicles 25473
Taxicab stands 26-261
Theaters, hotels, etc.
Loading zones in front of 25-259
Traffic -control signal, parking within certain dis-
tance 25-256(6)
Train signal, stopping required 25-185
Violations. See also within this title that subject
Bond, posting 25-275
Effect of provisions 25-276
Fines 25-274
Inter -office procedures 25-277
Supp. No. 4
3099
DUBUQUE CODE
TRAFFIC—Cont'd. Section
Registration plates, evidentiary effect 25-279
Removal of certain vehicles authorized, ete. 25-278 et seq.
Passenger zones
Parking regulations 25-260
Passengers
Bicycle passengers 9-6
Buses loading and unloading 25-187
School buses. See within this title that subject
Passing. See within this title: Overtaking, Meeting and
Passing
Peace officers
Authority to stop vehicles .. 25-21
Defined 25-2
Obedience to 25-16
Pedestrians
Bicycle regulations. See within this title: Bicycles
Blind persons
Duty of drivers approaching .___. 25-243
White canes restricted to 25-242
Control of vehicle in vicinity 25-221
Crosswalks. See also within this title that subject
Crossing at other than 25-238
Use of 25-240
Defined 25-2
Duty of driver re persons working on streets _____ 25-237
Duty of driver to crossing pedestrians 25-239
Hitchhiking 25-241
Playing in streets 33-6
Rides, soliciting _______ 25-241
Right-of-way. See also within this title that subject
Generally __------____-- 25-236
Sidewalks. See within this title that subject
Walking on highways 25-244
White canes restricted to blind persons 25-242
Plates
Registration of vehicles. See hereinbelow that subject
Playing in streets _ 83-6
Pneumatic tire
Defined _.. 25-2
Tires and wheels on vehicles. See within this title
that subject
Poles and wires
Fixtures on highway, accidents involving 25-47
Police vehicles
Authorized emergency vehicles. See within this
title that subject
Supp. No. 4
3100
CODE INDEX
TREES AND SHRUBBERY—Cont'd. Section
Dutch elm disease
Collection of costs incurred by city 37-35
Finding that tree trimmers may spread 34-34
Further testing 37-36
Infected trees a nuisance 37-33
Notice to owner to remove trees 37-35
Park boards' apithority re inspection, removal, etc. 37-35
Permit to transport diseased trees, etc., through city 37-37
Removal of tree upon owner's failure 37-35
Park trees, cutting, etc. _ 27-41.
Parks and recreation. See that title
Tree trimmer's license
Fee, renewal 37-24
Issuance 37-24
Liability insurance 36-25
Required, exceptions 37-23
Workmen's compensation 36-26
Tree trimmings, removal 37-16
Use of living trees as support for electrical equipment 13-15
TRUSTEES
Transit authority
Transit authority. See that title
36-72 et seq.
U
UNFAIR AND DISCRIMINATORY PRACTICES
Accommodations or services
Exemptions 21-49
Prohibited practices 21-48
Aiding or abetting 21-39
Complaints
Amendments 21-78
Investigations 21-81
Persons who may make charges, execution, filing 21-77
Time limitation for filing 21-79
Conciliation
Failure to reach settlement 21-82
Credit
Prohibited practices; exceptions 21-67
Definitions 21-1
Discrimination against person aiding in enforcement
of provisions 21-40
Sex provisions inapplicable, when 21-41
Employment practices
Exemptions 21-57
Prohibited practices 21-56
Enforcement 21-77 et seq.
Supp. No. `L
3107
DUBUQUE CODE
UNFAIR AND DISCRIMINATORY PRACTICES—
Cont'd.
Housing
Exemptions
Section
21-65
Prohibited practices 21-64
Human rights commission. See also that title
Available remedies 21-83
Cease and desist orders 21-83
Enforcement action 21-87
Evidentiary rules 21-86
Findings by commission 21-83
Judiciary review 21-87
Procedural rules 21-85
Provisional remedies 21-84
Investigations 21-81
Retirement plans
Sex and age discrimination provisions
Inapplicable to retirement plan; exceptions 21-41
Settlement
Failure to reach settlement by conciliation 21-82
UNFIT DWELLINGS
Housing conditions enumerated 20-172
Housing. See that title
UNIFORM BUILDING CODE
Adopted 10-1
Buildings. See that title
UNIFORM FIRE CODE
Adopted 14-1
Fire prevention. See that title
UNION LABORERS
Assembling for purposes of initimidation 26-31
UNITED STATES PUBLIC HEALTH ORDINANCES
Food service establishment code 16-1 et seq.
Food and food services. See that title
Milk code 16-28 et seq.
Milk and milk products. See that title
URINALS
Plumbing installations 30-8
Plumbing. See that title
UTILITIES
Cable television commission 36-181 et seq.
Cable television. See that title
Electric regulations 13-1 et seq.
Electricity. See that title
Gas mains 36-1 et seq.
Gas mains. See that title
Supp. No. 2
3108