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1 Supplement No. 06 - Code of Ordinances -TABLE OF CONTENTS—Cont'd. Chapter Page 10. Buildings and Building Regulations 561 Art. I. In General 561 Art. II. Repair, Demolition and Removal of Unsafe Buildings 594 Art. III. Swimming Pools 595 101/2. Civic Center __. 621 Art. I. In General .__. 621 Art. II. Civic Center Commission 621 11. Civil Defense 649 Art. I. In General 649 Art. II. County - Municipal Civil Defense Agency __. 649 12. Elections 703 Art. I. In General _______. 703 Art. II. Precincts 703 13. Electricity ___ 771 Art. I. In General _. _ 771 Art. II. Electrical Code ___ 771 Div. 1. Generally 771 Div. 2. Installation Standards and Re- quirements 773 Div. 3. Electrical Inspector __.. 775 Div. 4. Electrical Appeal Board 777 Div. 5. Permits 778 Div. 6. Enforcement ___.. 783 Art. III. Registration of Electricians 787 Div. 1. Generally __.. 787 Div. 2. Examining Board 793 14. Fire Prevention and Protection 843 Art. I. In General ___ 843 Art. II. Fire Department 848 Div. 1. Generally 848 Div. 2. Bureau of. Fire Prevention . 850 Supp. No. 4 xvii DUBUQUE CODE Chapter Page Art. III. Service Stations and Tank Trucks 851 Div. 1. Generally ._ 851 Div. 2. Service Station Licenses 856 15. Flood Damage Control 909 Art. I. In General 909 Art. II. Flood Areas 909 16. Food and Food Handlers 955 Art. I. In General 955 Art. II. Food Service Establishments 955 Art. II1/2. Food and Beverage Vending Machines ____ - 958 Art. III. Milk and Milk Products 962 Div. 1. Generally 962 Div. 2. Milk Plants 963 Art. IV. Slaughterhouses and Meat -Packing Plants 964 Div. 1. Generally 964 Div. 2. License 966 17. Garbage, Trash and Refuse 1017 Art. I. In General 1017 Art. II. Collection __.. 1018 Div. 1. Generally 1018 Div. 2. City Collection Service 1022 Div. 3. Private Collection Service 1026 Art. III. Disposal 1026.1 Div. 1. Generally 1026.1 Div. 2. Public Landfill Sites 1027 Div. 3. Private Landfill Sites 1030 18. Health and Sanitation 1081 Art. I. In General _____ 1081 Art. II. Ambulances 1082 Div. 1. Generally 1082 Div. 2. Licenses 1087 Div. 3. City Operated Service 1097 19. Heating, Air Conditioning and Ventilating 1149 191/2. Historical Preservation 1171 Supp. No. 4 xviii TABLE OF CONTENTS—Cont'd. Chapter Page 20. Housing 1191 Art. I. In General 1191 Art. II. Procedures for Abatement of Substand- ard Buildings, Dwelling Units, and Lots 1246 21. Human Relations 1283 Art. I. In General 1283 Art. II. Human Rights. Commission 1285 Art. IIT. Unfair and Discriminatory Practices 1290 Div. 1. Generally 1290 Div. 2. Accommodations or Services 1291 Div. 3. Employment Practices _______ 1292 Div. 4. Housing 1294 Div. 5. Credit 1296 Div. 6. Education 1297 Art. IV. Enforcement of Civil Rights 1298 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 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 Supp. No. 5 xix DUBUQUE CODE Chapter Page 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 1582.2 Div. 3. Right -of -Way 1585 Div. 4. Speed 1590.11 Art. VII. Pedestrians 1590.14 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 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 Supp. No. 5 xx TABLE OF CONTENTS—Cont'd. Chapter Page Art. III. Public Parks 1745'. Div. 1. Generally 1747 Div. 2. Specific Parks 1755 Art. IV. Municipal Athletic Fields and Play- grounds 1756 Div. 1. Generally 1756 Div. 2. Petrakis Park 1756 Div. 3. Falk Playground 1760 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 Art. IV. Sidewalks ___ 2097 Div. 1. Generally 2097 Div. 2. Snow and Ice Removal 2097 Supp. No. 5 xxi DUBUQUE CODE Chapter Page 34. Subdivision Regulations _ 2149 Art. I. In General 2149 Art. II. Plats 2151 Div. 1. Generally 2151 Div. 2. Preliminary 2152 Div. 3. Final 2155 Art. III. Standards and Specifications 2159 Div. 1. Generally 2159 Div. 2. Streets, Alleys and Easements 2160 Div. 3. Blocks ____ 2162 Div. 4. Lots 2162 Div. 5. Parks, Playgrounds and Schools 2163 35. Taxation 2213 Art. I. In General 2213 .Art. II. City Assessor 2214 Art. III. Hotel and Motel Tax 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. 5 TABLE OF CONTENTS—Cont'd. Chapter Page Art. II. Trees 2355 Div. 1. Generally 2355 Div. 2. Tree Trimmers 2355 Div. 3. Dutch Elm Disease 2357 Art. III. Weeds 2359 38. Vehicles for Hire 2411 Art. I. In General 2411 Art. II. Taxicabs 2411 Div. 1. Generally 2411 Div. 2. Permits and Licenses 2414.1 Appendix A. Zoning 2469 Art. I. Establishment of Districts Provisions for Official Zoning Map and Inter- pretation and Amendment Thereof 2471 Art. II. Non -Conforming Lots, Uses of Land, Uses of Structures and Premises, and Characteristics of Use : Amortization Provisions 2474.1 Art. III. General Provisions 2481 Art. IV. District Regulations 2489 Art. V. Supplementary District Regulations 2581 Art. VI. Board of Adjustment: Powers and Duties : Variances : Conditional Uses 2614.2 Art. VII. Administration and Enforcement; Required Permits and Certificates _.2624.1 Art. VIII. Amendments and Zoning Reclassifi- cation ; Procedures and Policies 2629 Art. IX. Violations and Penalties 2635 Art. X. Schedule of Fees 2636 Art. XI. Definitions 2638 Art. XII. Adoption and Repeal of Conflicting Ordinances 2650 Code Comparative Table 2951 Code Index _ 3001 Supp. No. 2 § 2-159 ADMINISTRATION § 2-165 DIVISION 6. CITY TREASURER Sec. 2-159. Duties generally. The duties of the treasurer shall be as provided in this division. Sec. 2-160. Fund records to be kept separate. The city treasurer shall keep the record of each fund separate. Sec. 2-161. Receipt records. The city treasurer shall keep an accurate record of all money or securities received by him on behalf of the municipality and specify date, from whom, and for what purpose received. Sec. 2-162. Preparation of receipts. The city treasurer shall prepare a receipt in triplicate for all funds received. He shall give the original to the party delivering the funds, send the duplicate to the clerk, and retain the triplicate. Sec. 2-163. Account of disbursements, etc. The city treasurer shall keep an accurate account of all disbursements, money or property, specifying date, to whom, and from what fund paid. Sec. 2-164. Special assessments accounts. The city treasurer shall keep a separate account of all money received by him from special assessments. Sec. 2-165. Disposition of receipts. The city treasurer shall, immediately upon receipt of monies to be held in his custody and belonging to the city, deposit the same in banks selected by the city council in amounts not exceeding monetary limits authorized by the city council. Supp. No. 1 77 § 2-166 DUBUQUE CODE. § 2-177 Secs. 2-166-2-168. Reserved. DIVISION 7. DIRECTOR OF PUBLIC WORKS* Sec. 2-169. Created; responsibilities generally. (a) There is hereby created the office of director of public works of the City of Dubuque. (b) Said office shall be charged with the responsibility for construction and operation of public works, and shall have the responsibility for directing the activities of several divisions comprising the public works department, including water system, engineering, street maintenance, sanitary and storm sewerage, waste water treatment, refuse collection and dispo- sal and maintenance garage. (Ord. No. 31-76, § 1, 7-6-76) Sec. 2-170. Qualifications. The director of public works must be a person competent in public works with extensive knowledge of public works ad- ministration, design construction and maintenance of streets, sewers and other public works facilities and services. (Ord. No. 31-76, § 2, 7-6-76) Sec. 2-171. Appointment; term of office. The city manager of the City of Dubuque shall appoint a competent person to fill the office of director of public works. This person shall hold said office during the pleasure of the city manager. (Ord. No. 31-76, § 3, 7-6-76) Secs. 2-172-2-177. Reserved. *Editor's note—Ord. No. 31-76, §§ 1-3, adopted July 6, 1976, did not specifically amend the Code; hence, inclusion herein as Div. 7 of Art. III, §§ 2-169-2-171, is at the discretion of the editor. Cross references—Garbage, trash and refuse, Ch. 17; streets, sidewalks and public places, Ch. 33; utilities, Ch. 36. Supp. No. 1 78 Chapter 10 BUILDINGS AND BUILDING REGULATIONS* Art. I. In General, §§ 10-1-10-16 Art. II. Repair, Demolition and Removal of Unsafe Buildings, §§ 10- 17-10-32 Art. III. Swimming Pools, §§ 10-33-10-38 ARTICLE I. IN GENERAL Sec. 10-1. Code—Adopted. Except as hereinafter added to, deleted, modified or amend- ed, there is hereby adopted as the building code of the city that certain building code known as the. Uniform Building Code, 1973 Edition, and the Uniform Building Code Standards, 1973 Edition, as prepared and edited by the International Con- ference of Building Officials of Whittier, California, and the provisions of such building code shall be controlling in the construction of buildings and other structures and in all mat- ters covered by such building code within the corporate limits of the city and shall be known as the Dubuque Building Code. (Ord. No. 3-75, § 1, 1-20-75) Cross references—Electrical code adopted, § 13-3; fire prevention code adopted, § 14-1; heating, air conditioning and ventilating code adopted, § 19-1; housing regulations, Ch. 20; plumbing code, § 30-1; subdivision regulations, Ch. 34; sewers and sewage disposal, Ch. 36, Art. II. State law reference—Adoption of codes by reference, I.C.A. § 380.10. Sec. 10-2. Same` Amendments. The code adopted by section 10-1 of this chapter is hereby amended as provided in this section: Sec. 201, Creation of Department, is hereby amended to read as follows: (a) Creation of department. There is hereby established in the City of Dubuque, Iowa, the building department *Cross references—Sign construction, Ch. 3, Art. III, Div. 2; construc- tion restricted for purposes of rat control in business buildings, § 24-84; fees for water use during construction, § 36-163. 561 § 10-2 DUBUQUECODE § 10-2 which shall be under the jurisdiction of the building official. (b) Qualifications of the building official. The building official must be a person competent to carry out the intent and purpose of this code. (c) Appointment of building official and assistants. As soon as possible after the adoption of this ordinance and before the same shall take effect, the city manager of the City of Dubuque shall appoint a competent person to fill the office of building official. This person shall hold the office of building official during the pleasure of the city manager or until his successor has been selected and quali- fied. The city manager shall also secure and appoint suffi- cient and competent assistants to aid the building official in the performance of his duties. (d) Organization. The city council shall provide the build- ing official with the necessary number of assistants, inspec- tors and other employees as shall be necessary for the administration of this code. (e) Conflicts of interest. No official or employee con- nected with the department of building inspection shall be engaged in or directly or indirectly connected with the furnishing of labor, materials or appliances for the con- struction, alteration or maintenance of a building, or the preparation of plans or of specifications therefor, unless he is the owner of the building, nor shall such officer or employee engage in any work which conflicts with his official duties or conflicts with the interests of the depart- ment. Sec. 202, Powers and Duties of Building Official, is hereby amended by repealing such section and replacing such sec- tion with a new section in lieu thereof as follows : (a) Powers and duties of building official. The building official is hereby authorized and directed to enforce all the provisions of this code. For such purpose he shall have the powers of a police officer. 562 § 10-2 BUILDINGS, BUILDING REGULATIONS § 10-2 (b) Deputies. In accordance with the procedure and with the approval of the chief appointing authority of the munic- ipality, the building official may appoint such number of officers, inspectors and assistants, and other employees as shall be authorized from time to time. He may deputize such employees as may be necessary to carry out the func- tions of the building department. (c) Reports and records. An official record shall be kept of all business and activities of the building department specified in the provisions of this code, and all such records shall be open to public inspection. The building official shall keep comprehensive records of applications, permits issued, certificates issued, inspections made, reports rendered and of notices or orders issued. All such records shall be open to public inspection for good and sufficient reasons at office hours observed by the city, but shall not be removed from the office of the build- ing official. The building official shall make written reports to the city manager once each month, or oftener if requested, including statements of permits and certificates issued. (d) Right of entry. Whenever necessary to make an in- spection to enforce any of the provisions of this code, or whenever the building official or his authorized representa- tive has reasonable cause to believe that there exists in any building or upon any premises, any condition which makes such building or premises unsafe as defined in section 203 of this code, the building official or his authorized repre- sentative may enter such building or premises at all reason- able times to inspect the same or to perform any duty imposed upon the building official by this code; provided, that, if such building or premises be occupied, he shall first present proper credentials and demand entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons hav- ing charge or control of the building or premises and demand entry. If such entry is refused, the building official 563 § 10-2 DUBUQUE CODE § 10-2 or his authorized representative shall have recourse to every remedy provided by law to secure entry. "Authorized Representative" shall include the officers named in section 202 (a) and (b) of this code. No owner or occupant or any other person having charge, care or control of any building or premises shall refuse, fail or neglect, after proper demand is made as herein provided, to promptly permit entry therein by the building official or his authorized representative for the purpose of inspection and examination pursuant to this code. Any per- son violating this subsection shall be guilty of a misde- meanor. (e) Stop orders. Whenever any building work is being done contrary to the provisions of this code, the building official may order the work stopped by giving notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the building official to proceed with the work. (f) Occupancy violations. Whenever any structure is being used contrary to the provisions of this code, the building official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within ten (10) days after receipt of such notice or make the structure, or portion thereof, comply with the requirements of this code; provided, how- ever, that in the event of an unsafe building section 203 shall apply. (g) Liability. The building official or any employee charged with the enforcement of this code for the city, acting in good faith and without malice in the discharge of his duties, shall not thereby become liable personally and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omis- sion in the discharge of his duties. Any suit brought against 564 § 10-2 BUILDINGS, BUILDING REGULATIONS § 10-2 the building official or employee, because of such act or omission performed by him in the enforcement of any pro- visions of this code, shall be defended by the legal depart- ment of the city until final termination of the proceedings. (h) Cooperation of other officials. The building official may request, and shall receive, so far as may be necessary in the discharge of his duties, the assistance and coopera- tion of other officials of the city. Sec. 203, Unsafe Buildings, is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which, in relation to existing use, constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disas- ter damage, or abandonment, as specified in this code or any other effective ordinance, are, for the purpose of this section, unsafe buildings. All such unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accord- ance with the procedure specified in article II of chapter 10 of the Code of Ordinances of the city or by any other procedures provided by law. Sec. 204, Board of Appeals, is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows : In order to determine the suitability of alternate mate- rials and methods of construction, to provide for reasonable interpretations of the provisions of this code, and to have the authority to grant a variation from the requirements of this code in specific individual cases where the strict interpretation of this code would cause undue hardship or practical difficulty and the granting of such variation would not increase the hazards to life or property, there shall be 565 § 10-2 DUBUQUE CODE § 10-2 and is hereby created a board of appeals, consisting of five (5) members who are qualified by experience and training to pass upon matters pertaining to building construction. The building official shall be an ex -officio member and shall act as secretary of the board. The board of appeals shall be appointed by the city council. Three members of the Board shall serve the re- mainder of a two year term to expire on December 31, 1975, and the other two members of the board shall serve the remainder of a two year term to expire on December 31, 1976, or until their successors are duly appointed and qualified. All successive appointments shall be for two year terms. The board shall adopt reasonable rules and regula- tions for conducting its investigations and shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant and may recommend to the city council such new legislation as is consistent herewith. Sec. 205, Violations and Penalties, is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, convert, demolish, equip, use, occupy, or maintain any building or structure in the city, or cause the same to be done, contrary to or in violation of any of the provisions of the code. Any person, firm, or corporation violating any of the provisions of this code shall be deemed guilty of a misde- meanor, and each such persons shall be deemed guilty of a separate offense for each and every day during which any violation of any of the provisions of this code is com- mitted, continued, or permitted, and upon conviction of any such violation, such person shall be punishable by a fine not less than ten dollars ($10.00) nor more than one hun- dred dollars ($100.00) or by imprisonment not exceeding thirty (30) days. 566 § 10-2 BUILDINGS, BUILDING REGULATIONS § 10-2 Sec. 301, Application for Permits, is hereby amended. by repealing such section and replacing such section with a new section in lieu thereof as follows : (a) Permits required. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure in the city, or cause the same to be done, without first obtain- ing a separate building permit for each such building or structure from the building official. Application for permits may be made by the owner or lessee, or agent of either, or the architect, engineer or builder employed in connection with the proposed work. (b) Application. To obtain a permit the applicant shall first file an application therefor in writing on a form fur- nished for that purpose. Every such application shall: 1. State the name of the property owner; 2. Identify and describe the work to be covered, by the permit for which application is made; 3. Describe the land on which the proposed work is to be done, by lot, block, tract, and house and street address, or similar description that will readily identify and definitely locate the proposed building or work; 4. Indicate the use or occupancy for which the proposed work is intended; 5. Be accompanied by plans and specifications as required in subsection (c) of this section; 6. State the valuation of the proposed work; 7. Be signed by the permittee, or his authorized agent, who may be required to submit evidence to indicate such authority; 8. Give such other information as reasonably may be required by the building official. (c) Plans and specifications. With each application for a building permit, and when required by the building official 567 § 10-2 for enforcement of any provisions of this code, two sets of plans and specifications shall be submitted. All plans and specifications shall be sealed or stamped by a registered professional architect or registered professional engineer, except building in the following classifications: (1) Single or two (2) family dwellings and associated accessory buildings. (2) Apartment buildings used exclusively as the residence of not more than two (2) families. (3) Factories, offices, garages, warehouse and mercantile buildings containing less than fifty thousand (50,000) cubic feet volume, providing they have no floor or roof spans greater than thirty (30) feet and are not more than two (2) stories high. (4) Alterations to or remodeling of buildings or structures where no part of the basic structure is disturbed or altered. (d) Information on plans and specifications. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the house and street address of the work and the name and address of the owner and person who prepared them. Plans shall include a plot plan showing the location of the proposed building and, of every existing building on the property. In lieu of detailed specifications, the building official may approve references on the plans to a specific section or part of this code or other ordinances or laws. Computations, stress diagrams, and other data sufficient to show the correctness of the plans, shall be submitted when required by the building official. Plans for buildings more than two stories in height of other than groups I and J occupancies shall indicate how required structural and fire -resistive integrity will be maintained where a penetra- DUBUQUE CODE § 10-2 568 § 10-2 BUILDINGS, BUILDING REGULATIONS § 10-2 tion will be made for electrical, mechanical, plumbing, and communication conduits, pipes and similar systems. Sec. 302, Building Permits, is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows : (a) Issuance. The application, plans and specifications filed by an applicant for a permit shall be checked by the building official. Such plans may be reviewed by other departments of the city to check compliance with the laws and ordinances under their jurisdiction. If the building offi- cial is satisfied that the work described in an application for permit and the plans filed therewith conform to the requirements of this code and other pertinent laws and ordinances, and that the fee specified in section 303 (a) has been paid, he shall issue a permit therefor to the applicant. When the building official issues the permit, he shall endorse in writing or stamp on both sets of plans and specifications "APPROVED." Such approved plans and specifications shall not be changed, modified, or altered without authorization from the building official, and all wwork shall be done in accordance with the approved The building official may issue a permit for the con- struction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved provided ade- quate information and detailed statements have been filed complying with all pertinent requirements of this code. The holder of such permit shall proceed at his own risk without assurance that the permit for the entire building or struc- ture will be granted. (b) Retention of plans. One set of approved plans, speci- fications, and computations shall be retained by the building official for a period of not less than ninety (90) days from date of completion of the work covered therein, and one set of approved plans and specifications shall be returned to the applicant, which set shall be kept on such building 569. § 10-2 DUBUQUE CODE § 10-2 or work at all times during which the work authorized thereby is in progress. (c) Validity. The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use which it authorizes is lawful. The issuance of a permit based upon plans and specifica- tions shall not prevent the building official from thereafter requiring the correction of errors in said plans and specifi- cations or from preventing building operations being car- ried on thereunder when in violation of this code or of any other ordinance of the city. (d) Expiration. Every permit issued by the building offi- cial under the provisions of this code shall expire by limi- tation and become null and void, if the building or work authorized by such permit is not commenced within ninety (90) days from the date of such permit. A permit which has expired by limitation may be ex- tended for a period of ninety (90) days at a time, for good and sufficient reasons, upon written application ; however, the total time for the original permit and any extensions shall not exceed two hundred seventy (270) days. (e) Suspension or revocation. The building official may, in writing, suspend. or revoke a permit issued under pro- visions of this code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the pro- visions of this code. Sec. 303, Fees, is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows : (a) Building permit fees. No permit as required by this code shall be issued until the fee prescribed in Table 3-A of 570 § 10-2 BUILDINGS, BUILDING REGULATIONS § 10-2 this ordinance shall have been paid, nor shall an amendment to a permit be approved until the additional fee, if any, due to an increase in the estimated cost of the building or structure, shall have been paid. The fee for any building permit shall be based upon the valuation of the proposed construction work. The determination of value or valuation under any of the provisions of this code shall be made by the building offi- cial. The valuation for new construction shall include the cost of all building materials and the usual cost of labor whether such labor is performed by the owner or others. Such valuation may exclude the cost of the lot or improve- ments to the lot such as grading, landscaping, walks or drives, or the cost of the air conditioning, electrical, heat- ing, plumbing or ventilation systems for which separate inspection fees are charged; however, the approximate value of these items shall be shown on the permit in the space provided for that purpose. The valuations for alterations, repairs, replacement or remodeling shall include the cost of materials and the usual cost of labor, whether such labor is performed by the owner or by others, for the installation or construction of any repair, replacement or remodeling which becomes an inte- gral part of the building or structure. The building official may correct the stated valuation of any building or structure if such valuation appears to be incorrect or underestimated. Where work for which a permit is required by this code is started prior to obtaining said permit, the fees above specified shall be doubled, but the payment of such double fee shall not relieve any person from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed herein. (b) Fees not included. The payment of the fees referred to in section 303 (a) of this code shall not relieve the 571 § 10-2 DUBUQUE CODE § 10-2 applicant, permit holder, or other persons from the pay- ment of any other fee or fees that may be prescribed by law or by ordinance. (c) Waiver of fees. No fee shall be required for buildings owned and used exclusively by the city. (d) Reinspection fee. The fee for making a trip of inspec- tion upon receipt of notice stating a building is ready for inspection when same is not shall be $10.00. TABLE NO. 3-A Part (a)—Building Inspection Fees : Valuation Fee $ 0.00 to $ 500.00 $5.00 $ 501.00 to $ 1,500.00 $5.00 for the first $500.00 plus $.50 for each additional $100.00 or fraction thereof, to and including $1,500.00. $ 1,501.00 to $ 2,000.00 $10.00 for the first $1,500.00 plus $.40 for each additional $100.00 or fraction thereof, to and including $2,000.00. $ 2,001.00 to $ 20,000.00 $12.00 for the first $2,000.00 plus $4.00 for each additional $1,000.00 or fraction thereof, to and including $20,000.00. $ 20,001.00 to $ 50,000.00 $84.00 for the first $20,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. $ 50,001.00 to $100,000.00 $174.00 for the first $50,000.- 00 plus $2.00 for each addi- tional $1,000.00 or fraction thereof, to and including $100,000.00. 572 § 10-2 BUILDINGS, BUILDING REGULATIONS § 10-2 Valuation Fee $100,001.00 and up $274.00 for the first $100,- 000.00 100;000.00 plus $1.00 for each additional $1,000.00 or frac- tion thereof. Part (b)—Building Demolition Fees : One or two family dwellings $5.00 Buildings other than one or two family dwellings $10.00 Exceptions: 1. No fee shall be charged for issuing a permit for any building that is not larger than 12' x 24'. 2. The Building Official may waive the demolition fee to a homeowner for an unsalvageable, worn-out, one-story building located on the premises on which he resides, provided that the building is not being wrecked by order or under condemnation procedures. Part (c)—Fees for the Moving of Houses and Larger Buildings : Moving houses and larger buildings $25.00 Sec. 304, Inspections, is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows : (a) General. All construction or work for which a permit is required shall be subject to inspection by the building official, and certain types of construction shall have con- tinuous inspection by special inspectors, as specified in section 305. The building official may require the applicant to submit a survey of the lot to show compliance of the structure with approved plans. (b) Inspection record card. The building official shall establish and maintain inspection record cards in the build - 573 § 10-2 DUBUQUE CODE § 10-2 ing department files, indicating inspections by date and inspector's name. (c) Approvals 'required. No work shall be done on any part of the building or structure beyond the point indicated in each successive inspection without first obtaining the written approval of the building official. Such written approval shall be given only after an inspection shall have been made of each successive step in the construction as indicated by each of the inspections required in subsection (d). There shall be a final inspection and approval on all buildings when completed and ready for occupancy. (d) Required inspections. No reinforcing steel or struc- tural framework of any part of any building or structure shall be covered, or concealed in any manner without first obtaining the approval of the building official. The building official, upon notification from the permit holder or his agent, shall make or cause to be made the following inspections and shall either approve that portion of the construction as completed or shall notify the permit holder or his agent the manner in which said construction fails to comply with the requirements of this code. 1. Foundation inspection: The foundation inspection shall be made before footings are poured. 2. Frame inspection: The frame inspection shall be made after the roof, all framing, fire -blocking and bracing are in place and all pipes, chimneys and vents are complete. The first inspections of the electrical wiring, heating and plumbing shall have been made and ap- proved before the frame inspection is made. 3. Final inspection: The final inspection shall be made after the building or structure is completed and ready for occupancy. (e) Other inspections. In addition to the called inspec- tions specified above, the building official may make or 574 § 10-2 BUILDINGS, BUILDING REGULATIONS. § 10-2 require any other inspections of any construction work to ascertain compliance with the provisions of this code and other laws which are enforced by the building department. For the purpose of determining compliance with Section 104(h), the building official may cause any structure to be reinspected. (f) Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This subsection is not to be interpreted as requiring rein- spection fees the first time a job is rejected for failure to comply with the requirements of this code, but as con- trolling the practice of calling for inspections before the job is ready for such inspection or reinspection. Reinspection fees may be assessed when the permit card is not properly posted on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official. To obtain a reinspection the applicant shall file an appli- cation therefor in writing upon a form furnished for that purpose, and pay the reinspection fee in accordance with section 303. In instances where reinspection fees have been assessed no additional inspection of the work will be performed until the required fees have been paid. Sec. 1305, Light, Ventilation and Sanitation, is hereby amended by repealing such section and replacing such sec- tion with a new section in lieu thereof as follows: (a) Light and ventilation. Each room in a dwelling unit shall be provided with natural light by means of windows with a glazed area of not less than one-tenth of the floor area of such room, with a minimum of ten (10) square feet 575 § 10-2 DUBUQUE CODE § 10-2 of glazed area in each habitable room, and a minimum of three (3) square feet of glazed area in a bathroom. Not less than one-half of the glazed area shall be openable to provide natural ventilation. Exceptions: 1. In kitchens, bathrooms, or laundry rooms, artificial light may be substituted for natural light, and mechan- ical ventilation may be installed in lieu of natural ventilation, provided that such ventilation is discharged through ducts directly to the outside and is capable of providing five (5) air changes per hour in bath- rooms and laundry rooms, and two (2) air changes per hour in kitchens. 2. Required minimum light and ventilation may be pro- vided to any room except bedrooms from an adjoining room which contains the total glazed area requirements for both rooms, provided that such rooms are connected by a common wall which is not less than one-half open and unobstructed, or contains a walk-through opening of more than twenty-five (25) square feet, whichever opening is greater. Every mechanical exhaust system, which exhausts vapors, odors, or gases, shall discharge through ducts directly to the outside of the building. Required windows shall open directly onto a public street or alley or yard or court located on the same lot as the building. Exception: Required windows may open onto a covered porch provided that such porch: 1. Abuts a street, yard, or court; and 2. Has a ceiling height of not less than seven (7) feet; and 3. Has the longer side at least sixty-five (65) percent open and unobstructed. Each cellar or those portions of basements not used as habitable space shall be provided with natural light and 576 § 10-2 BUILDINGS, BUILDING REGULATIONS § 10-2 ventilation equal to not less than one percent of the of the superficial floor area. A basement or cellar with only one exit doorway shall be provided with one remote openable window with mini- mum clear opening dimensions of thirty (30) inches by sixteen (16) inches to permit emergency exit or rescue from above grade. (b) Sanitation. Every building shall be provided with at least one water closet. Every hotel and each subdivision thereof where both sexes are accommodated shall be pro- vided with at least two (2) water closets located in such building, which shall be conspicuously marked, one for each sex. Additional water closets shall be provided on each floor for each sex at the rate of one for every additional ten (10) guests, or fractional part thereof, in excess of ten (10). Every dwelling unit shall be provided with a kitchen equipped with a kitchen sink and with bathroom facilities, consisting of a water closet, lavatory and either a bathtub or shower. Each plumbing fixture shall be equipped with running water necessary for its normal operation. A room in which a water closet is located shall be sepa- rated from food preparation or storage rooms by a tight- fitting door. For other requirements on water closets, see section 1711. Sec. 1405, Light, Ventilation and Sanitation, is hereby amended by repealing such section and replacing such sec- tion with a new section in lieu thereof as follows: (a) Light and ventilation. Each room in a dwelling shall be provided with natural light by means of windows with a glazed area of not less than one-tenth of the floor area of such room, with a minimum of ten (10) square feet of glazed area in each habitable room, and a minimum of three (3) square feet of glazed area in a bathroom. Not less than 577 § 10-2 DUBUQUE CODE § 10-2 one-half of the glazed area shall be openable to provide natural ventilation. Exceptions: 1. In kitchens, bathrooms, or laundry rooms, artificial light may be substituted for natural light, and mechan- ical ventilation may be installed in lieu of natural ventilation, provided that such ventilation is discharged through ducts directly to the outside and is capable of providing five (5) air changes per hour in bathrooms and laundry rooms, and two (2) air changes per hour in kitchens. 2. Required minimum light and ventilation may be pro- vided to any room except bedrooms from an adjoining room which contains the glazed area requirements for both rooms, provided that such rooms are connected by a common wall which is not less than one-half open and unobstructed, or contains a walk-through opening of more than twenty-five (25) square feet, whichever opening is greater. Every mechanical exhaust system, which exhausts vapors, odors, or gases, shall discharge through ducts directly to the outside of the building. Required windows shall open directly onto a public street or alley or a yard or court located on the same lot as the building. Exception: Required windows may open onto a covered porch provided that such porch: 1. Abuts a street, yard, or court; and 2. Has a ceiling height of not less than seven (7) feet; and 3. Has the longer side at least sixty-five (65) percent open and unobstructed. Each cellar, or those portions of basements not used as habitable space, shall be provided with natural light and ventilation equal to not less than one percent of the floor area. 578 § 10-2 BUILDINGS, BUILDING REGULATIONS § 10-2 A basement or cellar with only one exit doorway shall be provided with one remote openable window with mini- mum clear opening dimensions of thirty (30) inches by sixteen (16) inches to permit emergency exit or rescue from above grade. (b) Sanitation. A room in which a water closet is located shall be separated from food preparation or storage rooms by a tight -fitting door. Every dwelling unit shall be provided with a kitchen equipped with a kitchen sink and with bathroom facilities consisting of a water closet, lavatory and either a bathtub or shower. Plumbing fixtures shall be provided with run- ning water necessary for their operation. For other requirements on water closets, see section 1711. Sec. 1711, Water Closet Compartments and Showers, is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: (a) Floors and walls. In other than dwellings, floors in public toilets shall have a smooth, hard, nonabsorbent sur- face such as portland cement, concrete, ceramic tile or other approved material which extends upward onto the walls at least five (5) inches. Walls within water closet compart- ments and walls within two (2) feet of the front and sides of urinals shall be similarly finished to a height of four (4) feet and, except for structural elements, the materials used in such walls shall be of a type which is not adversely affected by moisture. (b) Water closet compartments or rooms. Each water closet compartment shall have a clear width of not less than thirty (30) inches and shall have a clear space in front of the water closet of not less than twenty-four (24) inches. (c) Access to toilet facilities for the handicapped. Areas served by an elevator or ramp in compliance with Table No. 33-A of the Uniform Building Code, 1973 Edition, shall have sanitary facilities accessible to handicapped persons as follows : 579 § 10-2 DUBUQUE CODE § 10-2 1. Water closet. Access forthe physically handicapped shall be provided to at least one water closet in each public toilet or bathroom by providing doors, openings and .passageways at least thirty-two (32) inches wide leading to such water closet, with a forty-eight (48) inches wide approach to each ninety (90) degree cor- ner, and by providing a clear space immediately adja- cent to such water closet of not less than thirty-two (32) inches wide by thirty-two (32) inches deep, with such space to beunobstructed by door swing, grab bars or other projections. Grab bars shall be at least eight- een (18) inches long and shall be mounted horizontally within easy reach (within approximately eighteen (18) inches) inches) of such water closet at the side and back, or on each side of the compartment. 2. Lavatory. Except for the projection of bowls and waste piping, a clear unobstructed space at least twenty-six (26) inches in width, twenty-four (24) inches in height above the floor and twelve (12) inches in depth shall be provided under .at least one lavatory. • 3. Mirrors. Where mirrors are provided, bne shall be in- stalled so that the bottom of the mirror is within forty (40) inches of the floor. 4. Towels. Where towels or hand -drying fixtures are pro- vided, one shall be installed within forty (40) inches of the floor. (d) Shower areas. Showers shall be finished as specified in subsection (a) to a height of not less than six (6) feet. Materials other than structural elements used in such walls shall be of a type which is not adversely affected by moisture. (e) Doors and panels. Doors and panels of shower . and bathtub enclosures shall be substantially constructed from approved shatter -resistant materials. Hinged shower doors shall open outward. (f) Glazing for shower and bathtub enclosures. Glazing used indoors and panels of shower and bathtub enclosures 580 § 10-2 BUILDINGS, BUILDING R,EiGULATIONS §10-2 shall be fully tempered glass, laminated safety glass, or approved plastic. When glass is used it shall have a mini- mum thickness of not less than three -sixteenths (3/16) inch when fully tempered, or one-quarter (1/4) inch when lami- nated, and shall pass the test requirement of U.B.C. Stand- ard No. 54-2. (g) Plastics. Plastics used indoors and panels of shower and bathtub enclosures shall be of a shatter -resistant type. Sec. 1716, Guardrails, is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: All unenclosed floor and roof openings; open and glazed. side of landings; balconies or porches which are more than thirty (30) inches above grade; and roofs used for other than service of the building, shall be protected by guardrail. Guardrails shall not be less than forty-two (42) inches in height. Open guardrails and stair railings shall have inter- mediate rails or an ornamental pattern such that no object nine (9) inches in diameter can pass through. The height of stair railings shall be as : specified in section 3305 (i). Exceptions: 1. Guardrails need not be provided on the loading side of loading docks. 2 The height of guardrails in Group H - Apartment and Group I - Occupancies may be reduced to not less than thirty-six (36) inches, provided that the base of such guardrail is no more than ten (10) feet above the adjacent grade.. Sec. 1807, Special Provisions for Group F, Division 2 Office Buildings and Group H Occupancies, is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: Sec. 1807, Highrise buildings. (a) General. A building having a roof more than sixty- five (65) feet above the lowest adjacent street level which 581 § 10-2 D'U'BUQUE CODE: § 10-2 is available to fire department vehicles, except hospitals of type I or type II construction, shall comply with the require- ments of this code. (b) Fire extinguishing system. 1. An approved automatic fire extinguishing system shall be provided throughout the building. The fire extin- guishing system shall be designed and installed accord- ing to the provisions of N.F.P.A. Pamphlet No. 13-1972 or shall be hydraulically designed using the parameters set forth in U.B.C. Standard No. 38-1 and the following requirements a. Shut off valves and water flow devices shall be provided on each floor. In addition to actuating a local alarm on the floor upon which the water flow is detected, such valves shall be supervised by a continuously manned control station, by a central station, or by a remote monitoring service. b The sprinkler system shall be looped between standpipe risers at the bottom, to and mid -height of all buildings with a maximum of twenty (20) stories served by any loop. At each loop level there shall be check valves. c. Piping may be copper or steel. Solder used in con- nections shall contain not less than ninety-five (95) percent tin and five (5) percent antimony. d. Pitching of lines is not required. e.' A minimum of two (2) fire pumps, independently driven, shall be provided and sized for the sprink- ler demand and for a minimum five hundred (500) gallons per minute fire department standpipe oper- ations. An on-site supply of water equal to a twenty (20) minute demand or fifteen thousand (15,000) gal- lons on a combined sprinkler and standpipe, which- ever is the smaller, shall be provided. This supply 582 § 10-2 BUILDINGS; BUILDING REGULATIONS § 10-2 shall be available automatically if the principal supply fails. g. Operation of the sprinkler system shall activate the voice communication system. 2. The installation of an approved automatic fire extin- guishing system shall allow reductions from other pro- visions of this code as follows : a. The fire -resistive time periods set forth in TABLE NO. 17-A of the Uniform Building Code may be reduced by one hour for interior bearing walls, exterior bearing and non-bearing walls, roofs and the beams supporting roofs, provided they do not frame into columns. All office building partitions required to be of one-hour fire -resistive construc- tion by said TABLE NO. 17-A and section 3304 (g) of the Uniform Building Code may be of non- combustible construction without a fire -resistive time period. Doors protecting openings in corridor walls need not be fire -resistive rated, provided that all such openings are protected by a tight- fitting, self-closing solid wood door, or equivalent. In Group H Occupancies, the fire -resistive time period of corridor walls, and dwelling unit or guest room separation, may be reduced to one-half hour. b. The one and one-half inch hose lines and nozzles may be omitted. c. Smokeproof enclosures may be eliminated if each required stairway is pressurized as provided in section 3309 (h) of the Uniform Building Code to .15 inches of water column. (c) Fire alarm. A manual fire alarm box shall be located adjacent to exit doors into stairway shafts and in every elevator lobby. The box shall be connected to the General Control Station and to the voice communication system as required by Subsections 1807 (e) and 1807 (f). The system shall be 'designed in accordance with U.B.C. Standard No. 18-1. 583 § 10-2 DUBUQUE CODE § 10-2 (d) Fire detectors. An approved system which will pro- vide for automatic detection of products of combustion other than heat shall be installed between the last branch duct and the air handling unit in the return air portion of every air conditioning and mechanical ventilation system that serves more than one floor. The detectors shall be set to operate within the limitations of U.B.C. Standard No. 43-6. (e) Voice alarm and communication system. 1. Both the detection system and the fire alarm system shall activate a voice alarm system capable of being operated from the central control station on both a general as well as a selective basis dependent upon the compartmentation involved. The alarm shall be de- signed to be heard by all occupants within the building or designated portions thereof as specified for the voice communication system. The elevator lobby detec- tor required by Chapter 51 of the Uniform Building Code, 1973 Edition, shall be connected to the system. 2. There shall be two (2) separate approved continuously electrically supervised voice communication systems; one for a fire department communication system and the other for a public voice communication (address) system between the central control station and the following areas: a. Elevators, elevator lobbies, corridors and stair- ways. b. Every office area exceeding one thousand (1,000) square feet in area. c. Each dwelling unit and hotel guest room. 3. Emergency telephone available to the public shall be provided at not less than every fifth floor in each required stairway. 9:. When approved, the fire department system may be combined with the public voice communication system and the voice alarm system. 584 § 10-2 BUILDINGS, BUILDING REGULATIONS § 10-2 (f) Central control station. A central control station for fire department operations shall be provided in a location approvedby the fire department. It shall contain the voice communication systems panel; fire detection and alarm sys- tem panels; status indicators and controls for elevators and air handling systems; controls for unlocking stairway doors; a public telephone; sprinkler valve and water flow detectors; and standby power controls. (g) Smoke control. Natural or mechanical ventilation for the removal of the products of combustion shall be provided in every story and shall consist of one or more of the following: 1. Panels or windows in the exterior wall which can be opened from an approved location other than the fire floor. Such venting facilities shall be provided at the rate of at least twenty (20) square feet per fifty (50) lineal feet of exterior wall in each story, and distrib- uted around the perimeter at not more than fifty (50) foot intervals. Such panels shall be clearly identified as required by the fire department. 2 Approved tempered glass may be used in lieu of open - able panels. 3 The mechanical air handling equipment may be de- signed to assist smoke removal. Under fire conditions, the return and exhaust air shall be taken directly to the outside without recirculation to other sections of the building. 4. A shaft through which smoke and heat can be mechan- ically vented to the outdoors. The size of the shaft shall be uniform throughout and of such dimensions as to provide not less than sixty (60) air changes per hour in the largest compartment served anywhere in the building. Openings into the shaft shall be protected with an automatic single piece shutter located as high in the room as possible and designed to vent the entire compartment. 5. Any other design which will produce equivalent results. 585 § 10-2 DUBUQUE CODE § 10-2 (h) Elevators. There shall be provided at least one ele- vator in each bank available for Fire Department access to any floor. The elevators shall open into a lobby, which may serve other elevators, and shall be separated from the remainder of the building by construction as required for corridors. The elevator may be located within a smokeproof enclosure. See Chapter 51 of the Uniform Building Code, 1973 Edition, for additional requirements. (i) Standby power and light. An approved permanently installed standby power generation system conforming to U.B.C. Standard No. 18-1 shall be provided. The system shall be equipped with suitable means for automatically starting the standby generator upon failure of the normal electrical service and for automatic transfer and operation of all the required electrical functions at full power within sixty (60) seconds of such normal service failure. System supervision, with manual start and transfer features, shall be provided at the central control station. An on -premise fuel supply sufficient for not less than two (2) hours full -demand operation of the system shall be provided. All power, lighting, signal and communications facilities provided under the requirements of this section shall be transferable to the standby power system. The power requirement shall be determined so as to pro- vide services to, but not limited to, the following: 1. Fire alarm system. 2. Exit and other emergency lighting. 3. Fire protection equipment. 4. Mechanical ventilation required by this section. 5. Fire Department elevator. 6. Voice communication system. (j) Exits. All stairway doors which are to be locked from the stairway side shall have the capability of being un- locked, without unlatching, upon a signal from the central control station. All floor levels shall be clearly indicated in each stairwell. 586 §• 10-2 BUILDINGS; BUILDING REIGULATIONS, § 10-2 Sec. 2305, Roof Loads, and Table 23-B are hereby amended by repealing such section and table and replacing such sec- tion and table with a new section in lieu thereof as follows : (a) General. Roofs shall be designed to sustain, within the stress limitations of this Code, all dead loads, plus a uniform minimum snow load of thirty (30) pounds per square foot, full or unbalanced, and in addition to wind or other loads. The snow load shall be assumed to act vertically upon the area projected upon a horizontal plane. (b) Water accumulation. All roofs shall be designed with sufficient slope or camber to assure adequate drainage from dead load or shall be designed to support maximum loads including possible ponding of water due to deflection. See section 2307 for deflection criteria. Sec. 2314, Earthquake Regulations, is hereby repealed in favor of maintaining the regulations for Seismic Zone 0, which regulations and classifications have always been in effect in the City of Dubuque, Iowa. Sec. 6003, Ordinances Repealed, is hereby amended by re- pealing such section and replacing such section with a new section in lieu thereof as follows The Building Code of the City of Dubuque, Iowa, of 1961, established by Ordinance No. 56-61, referred to as the Building Code and all amendments thereto be and the same are hereby expressly repealed. Sec. 6004, Date Effective, is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows : Sec. 6004. When effective. This ordinance shall be in effect after its final passage, approval and publication as required by law. Appendix, Chapter 51, Elevators, Dumbwaiters, Escalators, and Moving Walks, is hereby amended by repealing such chapter. 587 § • 10-2 DUBUQUE CODE § 10-3 Appendix, Chapter 70, Excavation and Grading, is hereby amended by repealing such chapter. (Ord. No. 3-75, §§ 3- 21, 23, 1-20-75) Sec. 10-3. Fire zones. (a) Generally. For the purpose of this chapter the entire city is hereby declared to be and is hereby established a fire district and such fire district shall be known and designated as fire zones No. 1, No. 2 and No. 3 and shall include such territory or portions of the city as outlined in paragraphs (b) through (d) of this section. Whenever the Dubuque Building Code adopted by section 10-1 of this chapter refers to any fire zone, it shall be construed to mean one of the fire zones created by this section. Regulations within said zone refer to construction as specified in such code. (b) Fire Zone No. 1 shall be that area described as follows: Beginning at a point in the centerline of the Chicago, Milwaukee, St. Paul and Pacific Railroad mainline and the centerline of Jones Street, to the centerline of the alley between Locust Street and Bluff Street; thence along the centerline of the alley between Locust Street and. Bluff Street, northerly to the centerline of West Third Street; thence along the centerline of West Third Street easterly to the centerline of Locust Street; thence along the center- line of Locust Street, northerly to the centerline of Loras Blvd.; thence along the centerline of Loras Blvd., easterly to the centerline of the alley between Central Avenue and Iowa Street; thence along the centerline of the alley be- tween Central Avenue and Iowa Street, northerly to the centerline of West Seventeenth Street; thence from the centerline of the alley between Central Avenue and Iowa Street, northerly along the centerline of Heeb Street to the centerline of East Eighteenth Street, extended to the center- line of Heeb Street; thence easterly along the centerline of East Eighteenth Street, extended easterly to the center- line of Central Avenue; thence northerly along the center- line of Central Avenue to the centerline of East Twentieth Street; thence along the centerline of East Twentieth Street to the centerline of White Street; thence southerly along 588 § 10-3 BUILDINGS, BUILDING REGULATIONS § 10-4 the centerline of White Street to the centerline of East Eleventh Street; thence easterly along the centerline of East Eleventh Street to the centerline of the main line of the Chicago, Milwaukee, St. Paul and Pacific Railroad tracks; thence southerly along the centerline of the main line of the Chicago, Milwaukee, St. Paul and Pacific Rail- road tracks to the centerline of Jones Street which is the point of beginning. (c) Fire Zone No. 2 shall be that area described as follows: Beginning at a point in the centerline of the Chicago, Milwaukee, St. Paul and Pacific Railroad mainline and the centerline of Jones Street; thence northerly along the cen- terline of the Chicago, Milwaukee, St. Paul and Pacific Railroad to the centerline of West Third Street; thence easterly along the centerline of West Third Street to the West bank of the Mississippi River; thence northerly along the West bank of the Mississippi River to the centerline of Kerper Blvd., extended to intersect the West bank of the Mississippi River; thence westerly and southerly along the centerline of Kerper Blvd. to the centerline of East Six- teenth Street; thence westerly along the centerline of East Sixteenth Street to the centerline of the Chicago, Milwau- kee, St. Paul and Pacific Railroad mainline; thence south- erly along the said centerline to the centerline of Jones Street which is the point of beginning. (d) Fire Zone No. 3 shall be all that area in the city except that specifically noted and described as Fire Zones No. 1 and 2. (Ord. No. 5-75, §§ 1, 2, 1-20-75) Sec. 10-4. Permit issuance during rezoning consideration pro- hibited. The building official of the city is hereby prohibited from issuing a building permit to the owner or owners of real prop- erty for which action has been initiated for the purpose of securing a zoning reclassification. The period of such prohibi- tion shall extend from the date of the official act of the planning and zoning commission calling for a public hearing on such zoning reclassification up to and including the date 589 § 10=4 DUBUQUE CODE § 10-5 of final action of the city council upon such zoning reclassifi- cation. (Ord. No.. 3-70, § 1, 2-2-70) Sec. 10-5. Waiting period for demolition permits. (a) Application of section. The provisions of this section shall apply to all buildings located in whole or in part within the following described neighborhood areas: (1) Fourth Street Neighborhood: Beginning at the inter- section of Seventh and Bluff Streets, thence southerly along Bluff Street to its intersection with West Fifth Street; thence westerly along West Fifth Street to its intersection with the northerly extension of Raymond Street ; thence southerly along Raymond Street and its northerly and southerly extensions to its intersection with West Third Street; thence easterly along West Third Street to its intersection with St. Mary's Street; thence southerly along St. Mary's Street to its inter- section with Emmett Street; thence easterly along Emmett Street to its intersection with Bluff Street; thence southerly along Bluff Street to its intersection with First Street; thence easterly along First Street to its intersection with the alley between Bluff and Locust Streets; thence northerly along the alley be- tween Bluff and Locust Streets to its intersection with West Fifth Street; thence easterly along West Fifth Street to its intersection with Locust Street; thence northerly along Locust Street to its intersection with Seventh Street; thence westerly along Seventh Street to its intersection with Bluff Street which is the point of beginning. (2) Fenelon Place Neighborhood: Beginning at the inter- section of West Fifth and. Burch Streets, thence south- erly along Burch Street to its intersection with West Third Street; thence easterly along West Third, Street to its intersection with the southerly extension of Raymond Street; thence northerly along Raymond Street and its southerly and northerly extensions to its intersection with West Fifth Street; thence westerly 590 § 12-19 EI,LE'C'TIONS § 12-20 Sec. 12-19. City divided into twenty -fiver precincts. The city is hereby divided into twenty-five (25) precincts as described in this article. (Ord. No. 28-72, § 2, 5-22-72) Sec. 12-20. First Precinct. (a) Area encompassed. The First Precinct of the city shall consist of : (1) That territory bounded by a line as follows : Beginning at the intersection of the Milwaukee Rail- road tracks and Fengler Street, south and east along Fengler Street to Kerper Boulevard, south along Kerper Boulevard to East Sixteenth Street, east along East Sixteenth Street to center of Lake Peosta Channel, northeast along Lake Peosta Channel to the intersection of the main channel of the Mississippi River, which is a point on the boundary of the cor- porate limits, north, west, and south along the cor- porate limits to Roosevelt Road south and east along Roosevelt Road to Prescott Street, south and west along Prescott Street to Marshall Street, east along Marshall Street to Lincoln Avenue, northeast along Lincoln Avenue to Decatur Street, east along De- catur Street to Rhomberg Avenue, south and west along Rhomberg Avenue to Dock Street, east along Dock Street to the Milwaukee Railroad tracks, south- west along said tracks to Ann Street, north and west along Ann Street to Garfield Avenue, south and west along Garfield Avenue to Fengler Street, south and east along Fengler Street to the Milwaukee Railroad tracks, the place of beginning, and (2) All annexed territories east of Highway 52, all of which are part of the Eighteenth Legislative District. (b) Polling place. The following place is hereby established as the polling place for the First Precinct of the city: Mar- shall School, 1450 Rhomberg Avenue. (Ord. No. 28-72, §§ 2(1), 4(1), 5-22-72) 705 § 12-21 DUBUQUE! OODE', § 12-21 Sec. 12-21. Second Precinct. (a) Area encompassed. The Second Precinct of the city shall consist of that territory bounded by a line as follows: Beginning at the intersection of the Milwaukee Railroad tracks and Fengler Street, which is a point on the boundary of the First Precinct, east along the boundary of the First Precinct to the corporate limits, south along the corporate limits to Railroad Avenue, west along Railroad Avenue to South Locust Street, north along South Locust Street to First Street, east along First Street to Main Street, north along Main Street to West Seventh Street, west along West Seventh Street to Bluff Street, north along Bluff Street to West Eighth Street, west along West Eighth Street to University Avenue, west along University Avenue to Spruce Street, north along Spruce Street to Wilbur Lane, east along Wilbur Lane to Grove Terrace, north along Grove Terrace to West Eleventh Street, east along West Eleventh Street to Bluff Street, north along Bluff Street to West Twelfth Street, east along West Twelfth Street to Main Street, north along Main Street to Loras Boulevard, west along Loras Boulevard to Locust Street, north along Locust Street to West Fifteenth Street, west along West Fifteenth Street to Montrose Street, north along Montrose Street to West Locust Street, north and west along West Locust Street to West Seventeenth Street, east along West Seventeenth Street to White Street, south along White Street to East Fifteenth Street, east along East Fifteenth Street to Wash- ington Street, north along Washington Street to East Sixteenth Street, east along East Sixteenth Street to Elm Street, north along Elm Street to West Seventeenth Street, east along West Seventeenth Street to the Milwaukee Rail- road tracks, north along said tracks to Fengler Street, the place of beginning, all of which is a part of the Nineteenth Legislative District. (b) Polling place. The following place is hereby established as . the polling place for the Second Precinct of the city: Dubuque County Courthouse, 720 Central Avenue. (Ord. No. 28-72, §§ 2(2), 4(2), 5-22-72) 7Q6 § 12-22 ELECTIONS § 12-23 Sec. 12-22. Third Precinct. (a) Area encompassed. The Third Precinct of the city shall consist of that territory bounded by a line as follows : Beginning at the intersection of Fengler Street and the Milwaukee Railroad tracks, which is a point on the bound- ary of the First Precinct, north along the boundary of the First Precinct to the intersection of Prescott Street and Marshall Street, northwest along Marshall Street to Thomas Place, southwest along Thomas Place to Eagle Street, northwest along Eagle Street to Riverview " Street, south along Riverview Street to Merz Street, west along Merz Street to Viola Street, north along Viola Street to Pleasant Street, west along Pleasant Street to Stafford Street, south along Stafford Street to Merz Street, west along Merz Street to Windsor Avenue, north along Windsor Avenue to Henry Street, west along Henry Street to. Queen Street, south along Queen Street to East Twenty-fourth Street, east along East Twenty-fourth Street to Windsor Avenue, south along Windsor Avenue to Regent Street, west along Regent Street to Queen Street, south along Queen Street to Thomas Place, north and east along Thomas Place to Windsor Avenue, south .along Windsor Avenue to Garfield Avenue, north and east along Garfield Avenue to Stafford Street, south and east along Stafford Street to the Milwaukee Railroad tracks, then north and east along said tracks to Fengler Street, the place of beginning, all of which is a part of the Nineteenth. Legislative District. (b) Polling place. The following place is hereby established as the polling place for the Third Precinct of the city : Sacred Heart School, 2211 Queen Street. (Ord. No. 28-72, §§ 2(3), 4(3), 5-22-72) Sec. 12-23. Fourth Precinct. (a) Area encompassed. The Fourth Precinct of the city shall consist of that territory bounded by a line as follows: Beginning at the intersection of Roosevelt Road and the corporate limits, which is a point on the boundary of the First Precinct, south and west along the boundaries of the 707' § 12-23 DUBUQUE CODE § 12-25 First and Third Precincts to Marquette Street, northwest along Marquette Street to Frommelt's Bluff, north along Frommelt's Bluff to the corporate limits, then east and north along the corporate limits to Roosevelt Road, the place of beginning, all of which is a part of the Nineteenth Legislative District. (b) Polling place. The following place is hereby established as the polling place for the Fourth Precinct of the city: Christensen's Greenhouse, 2635 Windsor Avenue. (Ord. No. 28-72, §§ 2(4), 4(4), 5-22-72) Sec. 12-24. Fifth Precinct. (a) Area encompassed. The Fifth Precinct of the city shall consist of that territory bounded by a lineas follows Beginning at the intersection of East Twenty-seventh Street and Frommelt's Bluff, which is a point on the boundary of the Fourth Precinct, north along the boundary of the Fourth Precinct to the corporate limits, west along the corporate limits to Central Avenue, south along Central Avenue to West Thirty-second Street, west along West Thirty-second Street to Saunders Street, south and west along Saunders Street to Davenport Street, southeast along Davenport Street to Broadway Street, south and east along Broadway Street to Diagonal Street, southeast along Diag- onal Street to Central Avenue, north along Central Avenue to East Twenty-sixth Street, east along East Twenty-sixth Street to White Street, north along White Street to East Twenty-seventh Street, then east along East Twenty-seventh to Frommelt's Bluff, the place of beginning, all of which is a part of the Nineteenth Legislative District. (b) Polling place. The following place is hereby established as the polling place for the Fifth Precinct of the city: Holy Ghost School, 2901 Central Avenue. (Ord. No. 28-72, §§ 2(5), 4(5), 5-22-72) Sec. 12-25. Sixth Precinct. (a) Area encompassed. The Sixth Precinct of the city shall consist of that territory bounded by a line as follows: 708' § 12-32 ELECTIONS §.12-33 Sec. 12-32. Thirteenth Precinct. (a) Area encompassed. The Thirteenth Precinct of the city shall consist of that territory bounded by a line as follows : Beginning at the intersection of Grandview Avenue and Dodge Street, which is a point on the boundary of the Twelfth Precinct, west along Dodge Street to Fremont Street, south along Fremont Street to the Illinois Central Railroad tracks, south and east along said tracks to the corporate limits, west and north along the corporate limits to Kennedy Road, north along Kennedy Road to University Avenue, east along University Avenue to Ethel Street, east along Ethel Street to New Haven Street, east along New Haven Street to Mineral Street, east along Mineral Street to Gilliam Street, south along Gilliam Street to West Street, east along West Street to Finley Street, south and east along Finley Street to McCormick Street, south along McCormick Street and an extension thereof to an extension of West Third Street, east along an extension of West Third Street to theterminus of West Third Street, south from the terminus of West Third Street to the terminus of Hale Street, east along Hale Street to Algona Street, north along Algona Street to West Third Street, east along West Third Street to North Grandview Avenue, which is a point on the boundary of the Twelfth Precinct, then south along the boundary of the Twelfth Precinct to Dodge Street, the place of beginning, all of which is a part of the Twentieth Legislative District. (b) Polling place. The following place is hereby established as the polling place for the Thirteenth Precinct of the city : Washington Junior High School, 51 North Grandview Avenue. (Ord. No. 28-72, §§ 2(13), 4(13), 5-22-72) Sec. 12-33. Fourteenth Precinct. (a) Area encompassed. The Fourteenth Precinct of the city shall consist of that territory bounded by a line as follows: Beginning at the intersection of College Street and West Third Street, which is a point on the boundary of the 713 § 12-33 DUBUQUE CODE § 12-34 Twelfth Precinct, west along the boundaries of the Twelfth and Thirteenth .Precincts to the intersection, of Gilliam Street and Mineral Street, east along Mineral Street to Finley Street, north along Finley Street to University Ave- nue, east along University Avenue to Asbury Road, north along Asbury Road to Cherry Street, east along Cherry Street to Avoca Street, south along Avoca Street to Dela- ware Street, east along Delaware Street to North Grand- view Avenue, south along North Grandview Avenue to Loras Boulevard, east along Loras Boulevard to Wood Street, south along Wood Street to University Avenue, east along University Avenue to Delhi Street, southwest along Delhi Street to West Fifth Street, east along West Fifth Street to College Street, then south along College Street to West Third Street, the place of beginning, all of which is a part of the Twentieth Legislative District. (b) Polling place. The following place is hereby established as the polling place for the Fourteenth Precinct of the city: Fire Station No. 4 at University Avenue and Atlantic Street. (Ord. No. 28-72, §§ 2(14), 4(14), 5-22-72) Sec. 12-34. Fifteenth Precinct. (a) Area encompassed. The Fifteenth Precinct of the city shall consist of that territory bounded by a line as follows: Beginning at the intersection of Cox Street and Loras Boulevard, which is a point on the boundary of the Ninth Precinct, south, west, and north along the boundaries of the Ninth, Second, Twelfth, and Fourteenth Precincts to the intersection of Wood Street and Loras Boulevard„ then east along Loras Boulevard to Cox Street, the place of beginning, all of which is a part of the Twentieth Legis- lative District. (b) Polling place. The following place is hereby established as the polling place for the Fifteenth Precinct of the city: Lincoln School, 1101 West Fifth Street. (Ord. No. 28-72., §§ 2(15), 4(15), 5-22-72) 714 ii § 12-35 ELE'CTIO S § 12-36 Sec. 12-35. Sixteenth Precinct. (a) Area encompassed. The Sixteenth Precinct of the city shall consist of that territory bounded by a line as follows : Beginning at the intersection of Kaufmann Avenue and Valeria Street, which is a point on the boundary of the Eighth Precinct, south, west, and north along the bound- aries of the Eighth, Ninth, Fifteenth, and Fourteenth Pre- cincts to the intersection of Delaware Street and North Grandview Avenue, north along North Grandview Avenue to Rosedale Avenue, east along Rosedale Avenue to the east boundary of Dubuque High School, north along the east boundary of Dubuque High School to the northeast bound- ary of Clarke College, north and west along the northeast boundary of Clarke College to Grandview Avenue, north along Grandview Avenue and the west fork of Grandview Avenue to Kaufmann Avenue, then east along Kaufmann Avenue to Valeria Street, the place of beginning, all of which is .a part of the Twentieth Legislative District. (b) Polling place. The following place is hereby established as the polling place for the Sixteenth Precinct of the city: Jackson School, 715 West Locust Street. (Ord. No. 28-72, §§ 2(16), 4(16), 5-22-72) Sec. 12-36. Seventeenth Precinct. (a) Area encompassed. The Seventeenth Precinct of the city shall consist of that territory bounded by a line as follows : Beginning at the intersection of the southeast boundaries of Clarke College and West Locust Street, which is a point on the boundary of the Sixteenth Precinct, south and west along the boundaries of the Sixteenth and Fourteenth Pre- cincts to the intersection of Finley Street and University Avenue, south along University Avenue to Pennsylvania Avenue, west along Pennsylvania Avenue to the western boundary of Flora Park, north along the western boundary of Flora Park to Saint Anne Drive, west along Saint Anne Drive to Chaney Road, north along Chaney Road to Hill- crest Road, west along Hillcrest Road to Deborah Drive, 715 § 12-36 DUBUQUE CODE § 12-37 north along Deborah Drive to Carter Road, north along Carter Road to Kaufmann Avenue, east along Kaufmann Avenue to Chaney Road, south along Chaney Road to the north property line of lot one (1) of lot two (2) of Saint Rose Priory, five hundred twenty (520) feet west along said line to the west property line of the same lot, south and west five hundred sixteen (516) . feet along the west property line of the same lot to a point on Asbury Road, three hundred twenty-five (325) feet west of Chaney Road, south and east along Asbury Road to Clarke Drive, east along Clarke Drive to Bunker Hill Road, north along Bunker Hill Road to Fairway Drive, east along Fairway Drive to Clarke Drive, south along Clarke Drive to West Locust Street, then east along West Locust Street to the southeast boundary of Clarke College, the place of begin- ning, all of which is a part of the Twentieth. Legislative District. (b) Polling place. The following place is hereby established as the polling place for the Seventeenth Precinct of the city : Dubuque Senior High School, 1800 Clarke Drive. (Ord. No. 28-72, §§ 2(17), 4(17), 5-22-72) Sec. 12-37. Eighteenth Precinct. (a) Area enconvpassed. The Eighteenth Precinct of the city shall consist of that territory bounded by a line as follows: Beginning at the intersection of Hillcrest Road and Deborah Drive, which is a point on the boundary of the Seventeenth Precinct, east, south, and west along the boundaries of the Seventeenth, Fourteenth, and Thirteenth Precincts to a point on University Avenue due south of the intersection of Van Buren Street and Pennsylvania Avenue, north from said point to Pennsylvania Avenue, east along Pennsylvania Avenue to Churchill Drive, north along Churchill Drive to Saint Anne Drive, east along Saint Anne Drive to Avalon Road, north along Avalon Road to Jeffrey Drive, west along Jeffrey Drive to Deborah Drive, then north along Deborah Drive to Hillcrest Road, the place of beginning, all of which is a part of the Twentieth Legislative District. 716 § 12-37 ELECTIONS § 12-39 (b) Polling place. The following place is hereby established as the polling place for the Eighteenth Precinct of the city: Irving School, 2520 Pennsylvania Avenue. (Ord. No. 28-72, §§ 2(18), 4(18), 5-22-72) Sec. 12-38. Nineteenth Precinct. (a) Area encompassed. The Nineteenth Precinct of the city shall consist of that territory bounded by a line as follows: Beginning at the intersection of Asbury Road and Carter Road, which is a point on the boundary of the Seventeenth Precinct, south along the boundaries of the Seventeenth, Eighteenth, and Thirteenth Precincts to the corporate lim- its, west and north along the corporate limits to Avery's Point, north from Avery's Point to Pennsylvania Avenue, east along Pennsylvania Avenue to Vizaleea Drive, north along Vizaleea Drive to Keymont Drive, east along Key- mont Drive to Key Way, north on Key Way to Hillcrest Road, west along Hillcrest Road to St. John Drive, north along St. John Drive to Graham Circle, east along Graham Circle to West Way, east along West Way to Key Way, east along Key Way to Kennedy Road, north along Kennedy Road to Asbury Road,then east along Asbury Road to Carter Road, the place of beginning, all of which is a part of the Twentieth Legislative District. (b) Polling place. The following place is hereby established as the polling place for the Nineteenth Precinct of the city: Kennedy School, 2135 Woodland Drive. (Ord. No. 28-72, §§ 2(19), 4(19), 5-22-72) Sec. 12-39. Twentieth Precinct. (a) Area encompassed. The Twentieth Precinct of the city shall consist of that territory bounded by a line as follows Beginning at the intersection of Crissy Drive and Asbury Road, which is a point on the boundary of the Nineteenth Precinct, west and south along the boundary of the Nine- teenth Precinct to the corporate limits, west and north along the corporate limits to Asbury Road, east along 717 § 12-39 DUBUQUECODE § 12-41 Asbury Road to Bonson Road, north along Bonson Road to Kaufmann Avenue, east along Kaufmann Avenue to Martin Drive, south along Martin Drive to Theda Drive, west along Theda Drive to Crissy Drive, then south along Crissy Drive to the place of beginning, all of which is a part of the Twentieth Legislative District. (b) Polling place. The following place is hereby established as the polling place for the Twentieth Precinct of the city: Hempstead High School, 3715 Pennsylvania Avenue. (Ord. No. 28-72, §§ 2(20), 4(20), 5-22-72) Sec. 12-40. Twenty-first Precinct. (a) Area encompassed. The Twenty-first Precinct of the city shall consist of that territory bounded by a line as follows Beginning at the intersection of Chaney Road and. Kauf- mann Avenue, which is a point on the boundary of the Seventeenth Precinct, south, west, and northwest along the boundaries of the Seventeenth, Nineteenth, and Twentieth Precincts to the corporate limits, north along the corporate limits to Old Timer's Road, south along Old Timer's Road to West Thirty-second Street, east along West Thirty-second Street to Carter Road, south along Carter Road to Kane Street, east along Kane Street to Chaney Road, then south along Chaney Road to Kaufmann Avenue, the place of beginning, all of which is a part of the Twentieth Legis- lative District. (b) Polling place. The following place is hereby established as the polling place for the Twenty-first Precinct of the city: Eisenhower School, 3170 Spring Valley Road. (Ord. No. 28- 72, §§ 2(21), 4(21), 5-22-72) Sec. 12-41. Twenty-second Precinct. (a) Area encompassed. The Twenty-second Precinct of the city shall consist of that territory bounded by a line as follows: 718 § 12-41 ELECTIONS § 12-42 Beginning at the intersection of the corporate limits and Central Avenue, which is a point on the boundary of the Fifth Precinct, south along the boundary of the Fifth Pre- cinct to the intersection of Saunders Street and West Thirty-second Street, west along West Thirty-second Street to North Grandview Avenue, south along North Grandview Avenue to Boyer Street, east along. Boyer Street to Andrew Court, south. along Andrew Court to Kane Street, west along Kane Street to North Grandview Avenue, south along North Grandview Avenue to Kaufmann Avenue, which is a point on the boundary of the Sixteenth Precinct, south- west, and north along the boundaries of the Sixteenth, Seventeenth, and Twenty-first Precincts, then north and east along the corporate limits to Central Avenue, the place of beginning, all of which is a part of the Twentieth Legis- lative District. (b) Polling place. The following place is hereby established as the polling place for the Twenty-second Precinct of the city: Wahlert High School, 2005 Kane Street. (Ord. No. 28- 72, §§ 2(22), 4(22), 5-22-72) Sec. 12-42. Twenty-third Precinct. (a) Area encompassed. The Twenty-third Precinct of the city shall consist of that territory bounded by a line as follows: Beginning at the intersection of West Thirty-second Street and Saunders Street, which is a point on the boundary of the Fifth Precinct, south, west, north, and then east along the boundaries of the Fifth, Sixth, Eighth, Sixteenth, and Twenty-second Precincts to the intersection of West Thirty- second Street and Saunders Street, the place of beginning, all of which is a part of the Twentieth Legislative District. (b) Polling place. The following place is. hereby established as the polling place for the Twenty-third, Precinct of the city: Wahlert High School, 2005 Kane Street. (Ord. No. 28-72, §§ 2(23), 4(23), 5-22-72) 719 § 12-48 DUBUQUE CODE § 12-44 Sec. 12-43. Twenty-fourth Precinct. (a) Area encompassed. The Twenty-fourth Precinct of the city shall consist of (:1) That territory bounded by a line as follows: Beginning at the intersection of the south corporate limits and the Illinois Central Railroad, which is a point on the boundary of the Thirteenth Precinct, north, east, and south along the boundaries of the Thirteenth, Twelfth, and Eleventh Precincts to the intersection of Mount Loretta Avenue and English Lane, south along English Lane to Levi Street, east along Levi Street to Sullivan Street, south along Sullivan Street to Southern Avenue, south along South- ern Avenue to the corporate limits, then west along the corporate limits to the Illinois Central Railroad tracks, the place of beginning, and (2) All annexed territories north of Dodge Street and west of Highway 52, and All annexed territories south of Dodge Street and west of Highway 151, all of which are part of the Twenty- first Legislative District. (b) Polling place: The following place is hereby established as the polling place for the Twenty-fourth Precinct of the city: No. 5 Engine House, 689 South Grandview Avenue. (Ord. No. 28-72, §§ 2(24), 4(24), 5-22-72) (3) Sec. 12-44. Twenty-fifth Precinct. (a) Area encompassed. The Twenty-fifth Precinct of the city shall consist of : (1) That territory bounded by a line as follows: Beginning at the intersection of Southern Avenue and the corporate limits, which is a point on the boundary of the Twenty-fourth Precinct, north and east along the boundaries of the Twenty-fourth, Eleventh, and Second Precincts to the east corporate limits, then 720 § 12-44 ELECTIONS § 12-44 south and west along the corporate limits to Southern Avenue, the place of beginning, and (2) All annexed territories south of Dodge Street and east of Highway 151, all of which are part of the Twenty- first Legislative District. (b) Polling place. The following place is hereby established as the polling place for the Twenty-fifth Precinct of the city: St. Elias The Prophet Greek Orthodox Church, 1075 Rockdale Road. (Ord. No. 28-72, §§ 2(25), 4(25), 5-22-72) [The next page is 771] 721 § 13-33 ELECTRICITY § 13-44 and they shall have no financial interest in any concern engaged in such business in the city at any time while holding office. (b) This section shall not be construed to in any way pre- vent the electrical inspector or his assistants from performing such services for the city as .may be required by the manager or city council. (Ord. No. 5-77, § 4, 2-7-77) Secs. 13-34-13-40. Reserved. DIVISION 4. ELECTRICAL APPEAL BOARD* Sec. 13-41. Created. There is hereby created an electrical appeal board. (Ord. No. 5-77, § 5, 2-7-77) Sec. 13-42. Appointment; composition; qualifications. The board created by this article shall consist of five (5) members. The members shall be appointed by the city council. All members shall be residents of the city: One member shall be a representative of the public; one member shall •be a registered journeyman electrician; one member shall be a registered electrical contractor; one member shall be a main- tenance electrician ; one member shall represent business. (Ord. No. 5-77, § 5, 2-7-77) Sec. 13-43. Election of officers. The board shall elect a chairman and a secretary annually. (Ord. No. 5-77, § 19, 2-7-77) Sec. 13-44. Terms of office. The term of each member shall be four (4) years; provided, however, that the original appointments to the board shall be made as follows: Two (2) members shall be appointed to *Cross reference—Administration generally, Ch. 2. Supp. No. 2 777 § 13-44 DUBUQUE CODE § 13-51 serve for a period of three (3) years; three (3) members shall be appointed to serve for a period of four (4) years. (Ord. No. 5-77, § 5, 2-7-77) Sec. 13-45. Compensation. Necessary and actual expenses shall be allowed to members of the board, but no other compensation shall be paid to them. (Ord. No. 5-77, § 5, 2-7-77) Sec. 13-46. Meetings. (a) Space,; facilities. The council shall provide suitable space in which the board may hold meetings and conduct hearings and shall provide the board with necessary equip- ment and facilities and pay the expense thereof. (b) Frequency. The board shall hold its first meeting not more than thirty (30) days after the effective date of this article. Thereafter, the board shall meet at such times as may be necessary for the proper performance of its duties, but in any case not less than twice a year. (c) Quorum. A quorum of the board shall consist of a majority of its members. (Ord. No. 5-77, § 19, 2-7-77) Secs. 13-47-13-50. Reserved. DIVISION 5. PERMITS" Sec. 13-51. Required. No electrical work as set out in section 13-12 shall be com- pleted without a permit issued by the electrical inspector. A permit shall be issued if the electrical work, as proposed in the application for a permit, meets all the requirements of this article. If plans and specifications are requested by the electrical inspector, they must be in accord with the require- ments of this article. (Ord. No. 5-77, § 8, 2-7-77) `Cross reference—Licenses, permits and miscellaneous business -regula- tions, Ch. 24. Supp. No. 2 778 § 13-95 ELECTRICITY § 13-105 (b) It is prohibited for a person, firm or corporation hold- ing a registration to transfer it or allow the use of it, directly or indirectly, by any other person, firm or corporation. (Ord. No. 4-77, §§ 7, 18, 2-7-77) Sec. 13-96. Suspension; revocation of registration. Any registration issued under this article may, after hear- ing, be suspended or revoked by the electrical examining board, if the person, firm or corporation holding such regis- tration willfully, or by reason of incompetence, repeatedly vio- lates any statute of the state, or any ordinance or rule or reg- ulation of the city relating to the installation, maintenance, al- teration or repair of electric wiring, devices, appliances and equipment. (Ord. No. 4-77, § 7, 2-7-77) Secs. 13-97-13-102. Reserved. DIVISION 2. EXAMINING BOARD Sec. 13-103. Created. There is hereby created a board of electrical examiner (Ord. No. 4-77, § 9, 2-7-77) Sec. 13-104. Composition. The board created by this division shall consist of five (5) members. All members of the board shall be residents of the city. One member shall be a representative of the public; one member shall be a registered journeyman electrician; one member shall be a registered electrical contractor; one member shall be a maintenance electrician; one member shall be an electrical engineer. (Ord. No. 4-77, § 9, 2-7-77) Sec. 13-105. Appointment. The city council shall appoint the five (5) members of the board created by this division. (Ord. No. 4-77, § 9, 2-7-77) Supp. No. 2 793 § 13-106 DUBUQUE CODE § 13-110 Sec. 13406. Terms. The term of each member of the board created by this division shall be four (4) years; provided, however, that the original appointments to the board shall be made as follows : Two (2) members for three (3) years; three (3) members for four (4) years. (Ord. No. 4-77, § 9, 2-7-77) Sec. 13-107. Chairman. The board created by this division shall elect annually one of its members as chairman, who shall preside at all meetings of the board. (Ord. No. 4-77, § 9, 2-7-77) Sec. 13-108. Secretary. The electrical inspector shall serve as secretary to the board created by this division and keep minutes and records of all proceedings and shall record the names and addresses of all persons examined by the board, the result of the examination, and the kind of registration issued to each, if any, and the date thereof. (Ord. No. 4-77, § 9, 2-7-77) Sec. 13-109. Quorum. Three (3) members of the board created by this division shall constitute a quorum for the transaction of business. (Ord. No. 4-77, § 9, 2-7-77) Sec. 13-110. Appeal from actions. In the event any person shall feel aggrieved by any action of the examining board, he may appeal from such action to the city council by filing written notice of his appeal within ten (10) days from the date of the action taken by the board. The council shall give five (5) days' written notice by certified mail of the date, time, and place of hearing to the appealing party and the examining board. All interested persons shall be given the opportunity to be heard at such hearing, and the city council may affirm, modify or overrule the action of the board. The electrical inspector shall have no vote in the deci- sion of the examining board. (Ord. No. 4-77, '§ 17, 2-7-77) [The next page is 843] Supp. No. 2 794 Chapter 14 FIRE PREVENTION AND PROTECTION* Art. I. In General, §§ 14-1-14-24 Art. II. Fire Department, §§ 14-25-14-45 Div. 1. Generally, §§ 14-25-14-31 Div. 2. Bureau of Fire Prevention, §§ 14-32-14-45 Art. III. Service Stations and Tank Trucks, §§ 14-46-14-74 Div. 1. Generally, §§ 14-46-14-66 Div. 2. Service Station Licenses, §§ 14-67-14-74 ARTICLE I. IN GENERAL Sec. 14-1. Code—Adopted. There is hereby adopted by the city council for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as "Uniform Fire Code" recommended by the Western Fire Chiefs Association and the International Conference of Building Officials, being particularly the 1973 edition thereof and the whole thereof, save and except Appendix F thereof which is hereby deleted therefrom, of which code not less than three (3) copies have been and are now on file in the office of the city clerk, and the same is hereby adopted and incor- porated as fully as if set out at full length herein and the provisions thereof shall be controlling within the limits of the city. (Ord. No. 37-64, § 1, 12-28-64; Ord. No. 10-68, § 1, 2-26-68; Ord. No. 59-70, § 1, 12-7-70; Ord. No. 4-75, § 1, 1-20-75) Cross references—Building code adopted, § 10-1; electrical code adopted, § 13-3; heating, air conditioning and ventilation code adopted, § 19-1; plumbing code adopted, § 30-1. Sec. 14-2. Same—Definitions. Whenever used in the code adopted by section 14-1 of this chapter, the following terms shall have the meanings indi- cated: *Cross references—Buildings and building regulations, Ch. 10; elec- tricity, Ch. 13; heating, air conditioning and ventilating, Ch. 19; housing regulations, Ch. 20; storage of dynamite restricted, § 26-10; plumbing regulations, Ch. 30. 843 § 14-2 DUBUQUE CODE § 14-5 Corporation counsel shall be held to mean the attorney for the city. Municipality shall be held to mean the city. (Ord. No. 37- 64, § 3, 12-28-64) Cross reference—Rules of construction and definitions generally, § 1-2. Sec. 14-3. Same—Modifications. The chief of the bureau of fire prevention shall have power to modify any of the provisions of the code by section 14-1 of this chapter upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The par- ticulars of such modification when granted or allowed and the decision of the chief of the fire prevention bureau thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. (Ord. No. 37-64, § 4, 12-28-64) Sec. 14-4. Same -Enforcement. The code adopted by section 14-1 of this chapter shall be enforced by the bureau of fire prevention in the fire depart- ment of the city. (Ord. No. 37-64, § 2, 12-28-64) Cross reference—Administration generally, Ch. 2. Sec. 14-5. Appeals. Whenever the chief of the fire department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code adopted by section 14-1 of this chapter do not apply or that the true intent and meaning of the code have been misconstrued or wrongly inter- preted, the applicant may appeal from the decision of the chief of the fire department to the city council within ten (10) days from the date of the decision appealed. Such appeal to the city council shall be made in writing setting forth the decision appealed from and the grounds or basis for such appeal. (Ord. No. 37-64, § 5, 12-28-64) 844 § 17-32 GARBAGE, TRASH AND REFUSE § 17-35 ices may apply for such collection services from the city man- ager. 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; Ord. No. 19-79, § 1, 3-19-79) Seca 17-33. Frequency, time andareas of collection. (a) Collections shall be made not more . than twice : weekly, at such: time and: in such areas : of the cityas 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) See. 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 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 collected from class I premises. The quantity of garbage and refuse to be collected by the city shall not exceed one hundred twenty (120) gallons per week for each class I premises unit as defined in section 17-16. (Ord. No. 53-76, § 2, 10-4-76; Ord. No. 19-79, § 1, 3-19-79) Supp. No. 5 1023 § 17-36 DUBUQUE CODE § 17-36 Sec. 17-36. Charges—Amounts; exceptions. (a) Class ' I premises. Except as qualified below, a fee of three dollars ($3.00) per month shall be charged by the city and collected from each owner of a class I premises for such service effective April 1, 1979. Said charge or fee shall be in payment for collection and disposal of garbage and refuse as defined. Exceptions to the collection charge for class I premises are as follows : (1) When a class I 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 estab- lished by the city manager. Such exemption shall con- tinue only so long as the class I premises is vacant. (2) A class I premises when the head of ho'usehold is sixty-five (65) years of age or older and with a per family annual income of six thousand dollars ($6,000.00) or less may, upon application, be exempted from one-half (1/2) the established collection charge. (3) 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) Class II premises. The city shall continue to collect from class II 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 class I premises as follows : (1) Zero (0) to one hundred twenty (120) gallons of gar- bage and refuse per week shall be charged the class I premises rate times one (1). (2) The next one hundred twenty (120) gallons per week or fraction thereof shall be charged the class I prem- ises rate times seventy-five one -hundredths (0.75). Supp. No. 5 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 class I premises rate times five -tenths (0.5). A class II 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; Ord. No. 19-79, § 1, 3-19-79) 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 April 1, 1979. ;Subsequently, the city manager is authorized to bill tenants upon the request of the property owner accord- ing 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) Class I premises accounts shall be billed bimonthly. Class II premises accounts shall be billed monthly. All col- lection charges are payable in advance. (c) The collection of garbage and refuse as provided by this division from class I premises and maintenance of the avail- ability of such service, whether or not such service is used regularly or not at all by the owner of such class I 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 class I premises for which the service was rendered and the amount due therefrom. Supp. No. 5 1025 § 17-37 DUBUQUE CODE § 17-53 Resolutions shall thereupon be prepared assessing the delin- quent charges to the properties so benefited. Suchresolutions, 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;. Ord. No. 19-79, § 1, 3-19-79). Secs. 17-38-17-43. Reserved. DIVISION 3. PRIVA'T'E 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. (Ord. No. 53-76, § 10, 10.4-76) Sec. 71-46. 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. 5 1026 § 17-54 GARBAGE, TRASH AND REFUSE ARTICLE III. DISPOSAL DIVISION 1. GENERALLY Sec. 17-54. Definitions. § 17-54 For the purpose of this article the following definitions shall apply: City shall mean the city and shall include all land within the corporate limits of the city and all land beyond the cor- porate limits over which the city has legal jurisdiction. It shall also mean its officers, officials, or representatives. Health officer shall mean a representative of the board of health of the city. Garbage shall mean any and all refuse from food incidental to its preparation or use for human consumption; Refuse shall mean any and all solid waste from the com- munity. (Ord. No. 4-68, § 1, 2-7-68) Cross reference—Rules of construction and definitions generally, § 1-2. Supp. No. 1 1026.1 § 191/2-2 HISTORICAL PRESERVATION § 191/2-3 Regulated permit. A permit issued by the building com- missioner, city engineer, or other official of the city accord- ing to provisions of the building code, demolition code, or other ordinance or regulation, and which permit is regulated by this chapter when : (1) The issuance of such permit would occasion a material change in appearance, herein defined, on a structure or site ; and (2) The site of such permit is located within an historic district established pursuant to this chapter. (Ord. No. 18-77, § 2, 4-4-77) Sec. 191/2-3. Historic preservation commission—Established; membership; term of office; vacancies in office; quorum. (a) The commission shall initially consist of seven (7) members who shall be residents of the city. (b) Members of the commission shall be appointed by the mayor with the advice and consent of the council. The mem- bers shall be appointed as follows: One from a list of persons nominated by the Dubuque Board of Realtors; one from a list of persons nominated by the Dubuque County Historical Society; and five (5) at -large members, each of whom shall possess professional qualifications evidencing expertise in ar- chitecture, law, construction or building rehabilitation, city planning, or conservation in general. In the event that names are not submitted by the appropriate organization within sixty (60) days of the receipt of the request, the mayor may proceed to fill these positions in the same manner as mem- bers -at -large; as historical districts may hereafter be created, one member shall be appointed from each district. (c) The original appointment of the members of the com mission shall be: three (3) for one year; two (2). for two (2) years, and two (2) for three (3) years, from March 1 fol- lowing the year of such appointment or until their successor is named to serve out the unexpired portion of their term of appointment or until their successor is appointed to serve Supp. No. 2 1173 § 191/2 -3 DUBUQUE CODE § 191/24 for the term of three (3) years. Members appointed from des- ignated historical districts shall serve three-year terms. (d) Vacancies occurring in the commission, other than [through] expiration of term of office, shall be only for the unexpired portion [of the term] of the member replaced. (e) Members may serve for more than one term, and each member shall serve until the appointment of a successor. (f) Vacancies shall be filled by the mayor according to the original selection as aforesaid. (g) Members shall serve without compensation. (h) A simple majority of the commission shall constitute a quorum for the transaction of business. (Ord. No. 18-77, § 3, 4-4-77) Sec. 191/2-4. Same—Election of officers; organization; rules and bylaws, conduct of meetings; record of ac- tions. (a) The historic preservation commission shall elect from its membership a chairman and vice-chairman, whose terms of office shall be fixed by the commission. The chairman shall preside over the commission and shall have the right to vote. The vice-chairman shall, in cases of absence or dis- ability of the chairman, perform the duties of the chairman. (b) The city manager shall designate a person to serve as secretary to the commission. The secretary shall keep a record of all resolutions, proceedings and actions of the his- toric preservation commission. (c) The commission shall adopt rules or bylaws for the transaction of its business, which shall provide for the time and place of holding regular meetings. They shall provide for the calling of special meetings by the chairman or by at least three (3) members of the commission. All regular or special meetings of the commission shall be open to the pub- lic, and any person shall be entitled to appear and be heard on a matter before it reaches its decision. Supp. No. 2 1174 § 191/2-4 HISTORICAL PRESERVATION .§.1-91/275 (d) The commission shall keep a record which shall be open to the public view, of its resolutions, proceedings and actions. The vote or failure to vote of each member shall be recorded. The concurring affirmative vote of a majority of those members present shall constitute approval of plans be- fore it for review, or for the adoption of any resolution, mo- tion or other action of the commission. The commission shall submit a report of its activities to the council and may make such recommendations to the council as it deems necessary to carry out the principles of this chapter. (Ord. No. 18-77, § 4, 4-4-77) Sec. 191/2 -5. Same—Powers and duties generally. In addition to those duties and powers specified below, the commission may, with council approval : (1) (2) (3) Accept unconditional gifts and donations of real and personal property, including money, for the purpose of historic preservation. Acquire by purchase, bequest, or donation, fee and lesser interests in historic properties, including prop- erties adjacent to or associated with historic prop- erties. Preserve, restore, maintain and operate historic prop- erties under the ownership or control of the commis- sion. (4) Lease, sell, and otherwise transfer or dispose of his- toric properties, subject to rights of public access and other covenants, and in a manner that will preserve the property. Contract, with the approval of the governing body, with the state or the federal government or other or- ganizations. (6) Cooperate with the federal, state and local govern- ments in the pursuance of the objectives of historic preservation. Supp. No. 2 (5) 1175 § 191/2-5 DUBUQUE CODE § 191/2-6 (7) Participate in the conduct of land use, urban renewal, and other planning undertaken by the governing body. (8) Recommend ordinances or otherwise provide informa- tion for the purposes of historic preservation to the governing body. (9) Promote and conduct an educational and interpretive program on historic properties within its jurisdiction. (10) Enter, only in performance of its official duties and only at reasonable times, upon private lands for ex- amination or survey of the lands. However, the com- mission shall not enter a private building or structure without the express consent of the owner or occupant. (Ord. No. 18-77, § 5 (h), 4-4-77) Sec. 191/2-6. Identification and designation of historic dis- tricts. (a) The commission may conduct studies for the identifi- cation and designation of historic districts meeting the defi- nitions established by this chapter. The commission may pro- ceed at its own initiative or upon a petition from any person, group, or association. (b) The commission may make a report and recommen- dation for the designation of an historic district, and may conduct a public hearing thereon. Such report and recom- mendation shall be filed with the planning and zoning com- mission, and shall include a proposed ordinance establishing such district and describing the boundary thereof. (c) Within sixty (60) days of the receipt of the report, recommendation and proposed ordinance, the planning and zoning commission shall report to the city council with re- spect to the relation of such designation to the general de- velopment plan, zoning ordinance, proposed public improve- ments, and any plans for the renewal of the area involved. Upon submission of the report of the planning and zoning commission, or upon the expiration of the sixty-day period, the matter shall be transmitted to the city council. Supp. No. 2 1176 § 19%-6 HISTORICAL PRESERVATION § 191/2-8 (d) Upon receiving the recommendation of the historic preservation commission and the report of the planning com- mission, the city council shall conduct a public hearing on the ordinance establishing the proposed historical preserva- tion district. The council may approve or disapprove the ordinance or may refer the historic district designation to the commission for modification. (Ord. No. 18-77, § 5 (a)— (d), 4-4-77) Sec. 191/2 4. Demolition of structures in historic districts. Demolition of structures erected within historic districts and deemed by the commission to be of a particular archi- tectural or historical significance shall be prohibited unless, upon application, the commission finds that the prohibition of demolition prevents the owner of the property from earn- ing any reasonable return on the property. In the event that the structure is found to be of unique value, the commission may, notwithstanding the showing of an absence of a reason- able return, deny permission to demolish ; provided, however, that a denial of permission to demolish shall prohibit demo- lition for no more than four (4) months from the date of application for a permit to demolish, unless at the expiration of four (4) months, adjustments have been made which,allow for such a return. During this time the commission shall endeavor to formulate, with the owner, an economically feas- ible plan for the preservation of such structure. (Ord. No. 18-77, § 5 (g), 4-4-77) Sec. 191/2-8. Alteration of structures in historic districts. (a) After approval of the historical preservation district designation by the council, no material change in appearance of a structure or site within a designated district shall be made or permitted to be made by the owner or occupant thereof until a regulated permit shall have been obtained for such change as provided by this chapter. (b) After approval of a designation by the council, it shall be the duty of the historic preservation commission to re- view all plans for any and all material changes in appear- Supp. No. 2 1177 1.1 § 191/2-8 DUBUQUE CODE § 191/2-9 ance of a structure or site within any district, and it shall have the power to pass upon such plans before a regulated permit for such can be granted, provided that the commis- sion shall pass only on such features of a change as are visible from the public way. The commission shall issue a cer- tificate of appropriateness if it approves plans submitted to it for review. The commission shall approve only if it finds that either : (1) The proposed work in creating, changing, destroying, or affecting the exterior architectural features of the improvement or site upon which the work is to be done will not have a substantial adverse effect on the aesthetic, historical, or architectural significance and value of either the property itself or of the neighbor- ing improvements in such district. In considering ar- chitectural and cultural values, the commission shall determine whether the proposed change is consistent with the historic value and the spirit of the architec- tural style of the district; or (2) The denial of a certificate of appropriateness would prevent the owner of the improvement within an historic district from earning a reasonable return or enjoying a beneficial occupancy or other interest in his property. The building commissioner, city engineer, or other local authorities shall not issue a regulated permit until such certificate of appropriateness has been issued by the commission. (Ord. No. 18-77, § 5(e), (f), 4-4-77) Sec. 1,9 1/2-9. Procedure for the review of plans. (a) Application for a regulated permit shall be made to the building commissioner. In the event that the application is made by way of an application for a building permit, the ap- plication will state that the work is to be done within an his- torical district. The commission may require submission of such drawings, sketches, photographs, or other exhibits as it deems reasonably necessary for consideration of the ap- plication. Supp. No. 2 1178 Chapter 20 HOUSING* Art. L In General, §§i 20-1-20-10 Art. II. Procedures for Abatement of Substandard Buildings, Dwelling Units, and Lots, §§ 20-11-20-16 ARTICLE I. IN GENERAL Sec. 20-1. Title; legislative findings; purposes; scope. 20-1.01. Title. This chapter shall be known as the "City of Dubuque Residential Housing Code," or the "City of Dubuque Housing Code," or the "housing code," may be cited as such, and will be referred to herein as "this code." (Ord. No. 20-79, § 1, 4-2-79) 20-1.02. Legisative Findings. It is hereby found that there exist, and may in the future exist, in any area under juris- diction of the _government of the city, buildings, dwellings, dwelling units, premises, or vacant lots, or parts thereof, as *Editor's note—Ord. No. 20-79, § 1, adopted April 2, 1979, amended the Code by repealing former Ch. 20, §'§ 20-1-20-172, pertaining to housing, and adding in lieu thereof a new Ch. 20, Arts. I—XVI. The section numbering of the provisions as enacted has been retained, except that Arts. I—XVI have been redesignated §§ 20-1-20-16 and in certain instances provisions have been redesignated for purposes of classification and indexing; further, in order to facilitate indexing and reference, catchlines and subcatchlines have been added or altered as appropriate to reflect the content of particular sections and sub- sections. Where provisions of the housing code set forth provisions as found in state law, a parenthetical citation to the relevant Iowa Code section appears following the housing code provisions. Former Ch. 20 was derived from Ord. No. 13-63, §§ 1.0, 1.1, 2.0-2.34, 3.1-3.12, 4.0--4.6, 5.0-5.10, 6.0-6.11, 7.0-7.14, 8.1, 9.0-9.7, 10.0-10.6, 11.1-11.3, 12.1, adopted June 17, 1963. 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; historical preservation, Ch. 191/2; heating and air conditioning and ventilating, Ch. 19; plumbing, Ch. 30; subdivision regulations, Ch. 34; zoning regulations, App. A. State law reference—Housing law,. I.C.A. § 413.1 et seq. Supp. No. 5 1191 § 20-1 DUBUQUE CODE § 20-1 defined herein, which by reason of their structure, building service equipment, sanitation facilities, maintenance, use or occupancy affect or are likely to affect adversely the public health (including the physical, mentai and social well-being of persons and families), safety and general welfare of the public and the owners or occupants of dwellings. To correct and prevent the existence of such adverse conditions, and to achieve and maintain such levels of residential environmental quality as will protect and promote public health, safety, and general welfare, it is further found that the establishment and enforcement of minimum residential housing standards are required. (Ord. No. 20-79, § 1, 4-2-79) 20-1.03. Purposes. It is hereby declared that the purpose of this chapter is to protect, preserve, and promote the physical and mental health and social well-being of the people, to prevent and control the incidence of communicable diseases, to reduce environmental hazards to health, to regulate pri- vately and publicly owned dwellings for the purpose of main- taining adequate sanitation and public health, and to pro- tect the safety of the people and to promote the general welfare by legislation which shall be applicable to all dwellings now in existence or hereafter constructed. It is hereby further declared that the purpose of this chap- ter is to insure that the quality of housing is adequate for protection of public health, safety and general welfare, in- cluding: establishment of minimum standards for basic equip- ment and facilities for light, ventilation, and thermal condi- tions, for safety from fire and accidents, for the use and loca- tion and amount of space for human occupancy, and for an ade- quate level of maintenance; determination of the responsi- bilities of owners, operators and occupants of dwellings ; and provision for the administration and enforcement thereof. (Ord. No. 20-79, § 1, 4-2-79) 20-1.04. Scope. (a) Application generally. The provisions of this code shall apply to all buildings or portions thereof designed, used, or intended to be used for human habitation. Buildings in exist - Supp. No. 5 1192 § 20-2 HOUSING § 20-3 (i) Nature, terms of injunction. In any such action or pro- ceeding [for injunction,] such building official may, by peti- tion duly verified, setting forth the facts, apply to the dis-, trict court for an order granting the relief for which said action or proceeding is brought, or for an order enjoining all persons from doing or permitting to be done any work in or about such dwelling, building, structure or lot, or from occupy- ing or using the same for any purpose until the entry of final judgment or order. (Section 413.114, Iowa Code) (j) Authority to seek court order to execute enforcement orders, abate. In case any notice or order issued by said build- ing official is not complied with, said building official may apply to the district court for an order authorizing him to execute and carry out the provisions of said notice or order, to correct any violation specified in said notice or order, or to abate any nuisance in or about such dwelling, building or structure, or the lot upon which it is situated. (Section 413.- 115, Iowa Code) (k) Nature, terms of court orders. The court is hereby au- thorized to make any order specified in sections 20-2.04(i) and (j) . (Section 413.116, Iowa Code) (1) Eviction of tenant by owner. If the occupant of a dwell- ing shall fail to comply with the provisions of this chapter after due and proper notice from the building official, such failure to comply shall be deemed sufficient cause for the eviction of such tenant by the owner and the cancellation of his lease. (Section 413.117, Iowa Code) (Ord. No. 20-79, § 1, 4-2-79) Cross reference—Procedure for abatement of substandard or unsafe buildings, etc., Ch. 20, Art. II. Sec. 20-3. Permits; licenses; inspections; fees. 20-3.01. Permits Required. No person shall perform any act for which a building, electrical, heating, ventilating, air-con- ditioning, refrigeration, plumbing or zoning permit is required by chapter 10, "Buildings and Building Regulations," chapter 13, "Electricity", chapter 19, "Heating, Air Conditioning, and Supp. No. 5 1203 § 20-3 DUBUQUE CODE § 20-3 Ventilating," chapter 30, "Plumbing," or appendix A, "Zoning," of the code of ordinances of the city unless such person shall. first make application, pay the fee, and hold a current, unre yoked permit issued by the building official to perform the act for which a permit is required. (Ord. No. 20-79, § 1, 4-2-79) 20-3.02. Multiple -Dwelling Operating License. (a) Required. No person shall operate a multiple dwelling, as defined by this code, in any jurisdictiton of the city unless they hold a current :unrevoked multiple -dwelling operating license issued by the city building official in his name for the specific named multiple dwelling. (b) Terms. Every operating license shall be issued and re- main effective for successive periods of one (1) year from the its issuance and, upon application, may be renewed and re- main effective for successive periods of one (1) year from the date of its. renewal, unless sooner revoked at any time by the building official for noncompliance with any applicable provi- sions of this code. Dwelling operating licenses shall not be transferable from one person to another person or from one dwelling to another dwelling. Every person holding an operat- ing license shall give notice in writing to the building official within twenty-four (24) hours after having transferred or otherwise disposed of the legal control of any licensed dwell- ing. Such notice shall include the name and address of the person or persons succeeding to the ownership' or control of Such licensed dwelling. The building official is hereby author- ized and directed to revoke any dwelling operating license at any time for any noncompliance with any provision imposed upon the building official to enforce by any city, state or federal laws. (c) Building official's responsibilities for issuance. The building official is hereby authorized and directed to develop dwelling operating license application forms and to make such forms available to the public upon request, to develop dwelling operating license forms, and, upon receipt of a proper application therefor, to issue dwelling operating licenses, and the renewals thereof, for specific dwellings, in the names of Supp. No. 5 1204 §'20=8 HOUSING § 20-9 20-8.02. Sleeping Rooms. Every sleeping room below the fourth story shall have at least one operable window or ex- terior door approved for emergency egress or rescue. The units shall be operable from, the inside to provide a full clear opening without the use of separate tools. All egress or rescue windows from sleeping rooms shall have a minimum net clear opening of five and seven -tenths (5.7) square feet. The Mini- mum net clear -opening height dimension shall be twenty- four (24) inches. The minimum net clear opening width di- mension shall be twenty (20) inches. Where windows are provided as a. means of egress or rescue they shall have a finished sill height not more than forty-four (44) inches above the floor. (Ord. No. 20-79, § 1, 4-2-79) Editor's note—For purposes of facilitating indexing and reference the editor has designated as § 20-8.02 provisions of § 20-8.01 relative to sleeping roam exits, as enacted by Ord. No. 20-79, § 1, adopted April 2, 1979. Sec. 20-9. Fire protection. 20-9.01. Construction and Maintenance of Buildings. (a) Generally. All buildings or portions thereof shall be provided with the degree of fire -resistive construction as re- quired by the building code, for the appropriate occupancy, type of construction, and location on property or in fire zone, and shall be provided with the appropriate fire -extinguishing system or equipment required by chapter 38 of the building code. (b) Applicable Provisions of Code of Ordinances. All build- ings and portions thereof shall be maintained in accordance with chapter 14 of this Code ofOrdinances. (Ord. No. 20-79, § 1, 4-2-79) Gross references—Access from building to public street, § 20-5.01; exits generally, § 20-8; fire escapes, § 20-5.05(j) (6). 20-9.02. Fire -Fighting Equipment. Approved fire extinguish- ers shall be provided on each floor of an apartment building, so located that they will be accessible to the occupants, and spaced so that no person will have to travel more than seventy- five (75) feet from any point to reach the nearest extinguisher. Supp. No. 5 1245 § 20-9 DUBUQUE CODE § 20-10 Additional extinguishers shall be installed in areas that con stitute a special hazard as determined by the city fire marshal. (Ord. No. 20.79, § 1, 4-2-79) Editor's note—For purposes of classification the editor has desig- nated as § 20-9.02 provisions of § 20-9.01(c) relative to provision of firefighting equipment, as enacted by Ord. No. 2.0-79, § 1,. adopted April 2, 1979. ARTICLE II. PROCEDURE FOR ABATEMENT OF SUBSTANDARD BUIL.DING'S, DWELLING UNITS, AND LOTS* Sec. 20-10. Substandard buildings, dwelling units, and lots de- fined. 20-10.01. Conditions Defining. Any building, structure, or vacant lot, or portion thereof, including any dwelling unit, lodging unit, rooming unit or suite of rooms, or thepremises on which the same is located, in which there exist any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building, structure, unit, premises or lot: (1) Inadequate sanitation: Inadequate sanitation shall in- clude, but not be limited to, the following (a) Lack of or improper water closet, lavatory, bath- tub or shower in a dwelling unit. (b) Lack of or improper water closets, lavatories, and bathtubs or showers per number of occupants in all class B dwellings. (c) Lack of or improper kitchen sink. (d) Lack of hot and cold running water to plumbing fixtures in all class B dwellings. *Crossreferences—Administration, enforcement of regulations gen- erally, § 20-2; substandard or unsafe buildings declared nuisance, abate- ment authorized, § 20-2.02(e). Supp. No. 5 1246 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,. §§ 21-67-21-70 Div. 6. Education, §§ 21-71-21-76 Art. IV. Enforcement of Civil Rights, §'§i 21-77-21-87 ARTICLE I. IN GENERAL Sec. 21-1. Definitions. When used in this chapter, unless the context otherwise requires Commission means the Dubuque Human Rights Commission created by article II of this chapter. Court means the district court in and for the judicial dis- trict of theState of Iowa in and for Dubuque County. 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 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. *State law references—State civil rights commission, I.C.A. § 601A.1 et seq.; local regulations, I.C.A. § 601A.12. Supp. No. 5 1283 § 21-1 DUBUQUE CODE § 21-15 Labor organization means any organization which exists for the purpose in whole or in part of collective bargaining, of dealing with employees 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 governmental support or subsidy. "Public accommodation" 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. "Public accommodation" includes each state and local gov- ernment unit or tax -supported district of whatever kind, nature, or class that offers services, facilities, benefits, grants, or goods to the public, gratuitously or otherwise. This para- graph shall not be construed by negative implication or other- wise to restrict any part or portion of the preexisting defini- tion of the term "public accommodation" [contained in the paragraph immediately above] . 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. 5 1284 21-16 HUMAN RELATIONS § 21-20 ARTICLE II. HUMAN RIGHTS COMMISSION Sec. 21-16. Created. There is hereby created a human rights commission. Sec. 21-17. Composition. The commission created by this article shall consist of nine (9) members. (Ord. No. 69-71, § 101, 12-6-71) Sec. 21-18. Appointment; terms; filling of vacancies. The human rights commission members shall be appointed by the mayor with the advice and consent of the city council. Persons appointed to such commission shall serve for terms of three (3) years and thereafter until a successor has been appointed. Vacancies shall be filled for the remainder of the unexpired term. Appointments shall take into consideration the various racial, religious, cultural and social groups in the city. (Ord. No. 61-71, § 101, 12-6-71) Sec. 21-19. Officers. The commission created by this article shall elect from its own membership at its regular January meeting its chairman and vice-chairman each to serve for a term of one year. It shall, at its regular January meeting, elect a secretary, who may be, but need not be, a member of the commission. The commission shall fill vacancies among its officers for the re- mainder of the unexpired term. (Ord. No. 61-71, § 103, 12- 6-71) Sec. 21-20. Compensation. The members of the commission created by this article shall serve without compensation; provided, that, they may receive reimbursement for necessary travel, and other ex- penses while on official commission business, and such shall be within the limits established in the city budget. (Ord. No. 61-71, § 102, 12-6-71; Ord. No. 4-73, § 2, 1-29-73) Supp. No. 2 1285 § 21-21 DUBUQUE CODE §. 21-23 Sec. 21-21. Removal of members for unexcused absences. In the event a member of the commission created by this article has been absent for three (3) or more consecutive meetings withoutbeing excused by the chairman, the com- mission by majority vote may certify such fact to the city council and petition the city council to declare a vacancy by reason of such unexcused absence and appoint a successor to fill such vacancy. (Ord. No. 61-71, § 102, 12-6-71; Ord. No. 4-73, § 2, 1-29-73) Sec. 21-22. Rules. The commission created by this article may adopt, amend, or rescind such rules as may be necessary for the conduct of its business. (Ord. No. 61-71,'§ 104, 12-6-71) Sec. 21-23. Meetings. (a) The commission shall hold meetings on a bimonthly basis, during each calendar month, at a time and place to be determined by its rules. (b) The chairman, the vice-chairman, or any three (3) members of the commission may call a special meeting by giving at least one (1) clear day notice to every member of the. commission. The call for a special meeting shall include an agenda, and only matters included in that agenda may be discussed at the meeting. (c) All meetings of the commission shall be public meetings except: (1) The commission may hold a closed meeting by affirma- tive vote of two-thirds (2/3) of its members present, the votes on such motion being recorded in the minutes by yeas and nays, when necessary to prevent irreparable and needless injury to the reputation of an individual whose employment or discharge is under consideration, or for some other exceptional reason so compelling as to override the general public policy in favor of public meetings, but any motion decided in such session shall be voted on by yeas and nays and shall be recorded in the minutes ; and Supp. No. 2 1286 § 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. 5 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 finally determine the merits of complaints alleging unfair or discriminatory prac- tices. (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, 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 Supp. No. 5 1288 § 21-27 HUMAN RELATIONS § 21-38 shall, in a proper case, issue the subpoena. Refusal to obey such subpoena shall be subject to punishment for contempt. (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; Ord. No. 30,79, § 2, 6-4-79) Secs. 21-28-21-38. Reserved. Supp. No. 5 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; Ord. No. 30-79, § 3, 6-4-79) 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 this section. 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, disability, marital status or age 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 assisted in any proceedings under this chapter. (Ord. No. 61=71, § 204, 12-6-71; Ord. No. 5-73, § 1, 1-29-73; Ord. No. 30-79, § 4, 6-4-79) Supp. No. 5 1290 § 25-162 MOTOR VEHICLES AND TRAFFIC § 25-164 Sec. 25-162. Heavy vehicles prohibited on certain streets; ex- emption. (a) When signs are erected giving notice thereof, no per- son shall operate a vehicle of five (5) tons' gross weight, or over, on those streets or portion thereof designated from time to time, except those vehicles actually engaged in making deliveries to or servicing such streets and the businesses, residences or other establishments actually abutting on such streets. (b) When signs are erected giving notice thereof, no per- son shall operate a vehicle of five (5) tons' gross weight, or over, on the following streets or portions of streets thereof : Grandview Avenue, from Mt. Carmel to Kane Street. Kelly Lane, from Fremont Avenue to its easterly terminus. (c) Intracity buses are exempted from the provisions here- of. (Ord. No. 33-49, § 15.19, 9-6-49 ; Ord. No. 53-59, § 1, 10-5-59 ; Ord. No. 53-77, § 1, 7-18-77) Editor's note—The street schedule set forth in § 25-162(b) is derived from Ord. No. 53-77, § 1, adopted July 18, 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 provision added or revised. A complete history note for § 25-209 appears at the end of the section. Sec. 25-163. Operation of vehicles with caterpillar wheels or heavy lugs restricted. Tractors or other machinery moving on caterpillar wheels or having heavy lugs shall not be permitted to be moved over any of the streets without first securing a route from the city manager, and it shall be unlawful to move such vehicle over any street other than shown in such routing instructions. (Ord. No. 33-49, § 15.20, 9-6-49) State law reference—Authority, I.C.A. § 321.443. Sec. 15-164. Driving through processions. Vehicles shall not be driven through a parade or procession without permission of a police officer. (Ord. No. 33-49, § 15.21, 9-6-49) Supp. No. 2 1573 § 25465 DUBUQUE CODE § 25-167 Sec. 25-165. Funeral processions. Any authorized funeral procession, proceeding in accordance with the rules established by the city manager, having law- fully entered an intersection provided with traffic signs or signals, may continue without stopping until the whole pro- cession has cleared the intersection, unless otherwise directed by a police officer. (Ord. No. 33-49, § 15.23.1, 9-6-49; Ord. No. 23-58, § 1, 6-2-58) Sec. 25-166. Moving vehicle into prohibited area. No person shall move a vehicle not owned by such person into any prohibited area or away from a curb such distance as is unlawful. (Ord. No. 33-49, § 16.10, 9-6-49) Sec. 25-167. Privileges of authorized emergency vehicles. The driver of an authorized emergency vehicle, when re- sponding to an emergency call or when in pursuit of an actual or suspected violator of the law may exercise the privileges set forth in this section, but subject to the conditions herein stated: (a) The driver of an authorized emergency vehicle may: (1) Park or stand, irrespective of the provisions of this Code ; (2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; (3) Exceed the prima facie speed limits so long as he does not endanger life or property. (4) Disregard regulations governing directions of movement or turning in specified directions. (b) The exemptions herein granted shall apply only when the driver of any such emergency vehicle while in mo- tion sounds, an audible signal by bell, siren or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one (1) lighted lamp Supp. No. 2 1574 § 25-167 MOTOR VEHICLES AND TRAFFIC § 25-167 displaying a red light visible under normal atmospheric conditions from a distance of five hundred (500) feet to the front of such vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle. Also such exemptions shall apply only when the driver has reasonable grounds to believe that an emergency in fact does exist requiring the exercise of such privileges. (c) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the conse- quences of his reckless disregard for the safety of Supp. No. 2 1574.1 § 25-185 MOTOR VEHICLES AND TRAFFIC § 25-188 is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a train. (Ord. No. 33-49, § 13.1, 9-6-49) State law reference—Similar provisions, I.C.A. § 321.341. Sec. 25-186. Certain vehicles must stop at railroad crossings. (a) The driver of any motor vehicle carrying passengers for hire, or any school bus carrying any schoolchild, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within fifty (50) feet but not less than ten (10) feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train except as hereinafter provided, and shall not proceed until he can do so safely. (b) No stop need be made at any such crossing where a police officer or traffic -control signal directs traffic to pro- ceed. (Ord. No. 33-49, § 13.3, 9-6-49) State law reference—Similar provisions, I.C.A. § 321.343. Sec. 25-187. Manner of stopping busses. Busses shall draw up to the curb at the near side of the street intersections when loading or unloading passengers ex- cepting at intersections where spaces are otherwise desig- nated. (Ord. No. 33-49, § 13.2, 9-6-49) Sec. 25-188. School zones. (a) School zones are hereby established and shall embrace all the territory contiguous to and including streets for a distance of two hundred (200) feet in either direction from a school building or buildings. All vehicular traffic shall stop when approaching suchzones in obedience to movable stop signs placed in the streets at the limits of the same. (b) The city manager is authorized and directed to erect school -type traffic -control signals at the entrance to each Supp. No. 3 1582.1 § 25-188 DUBUQUE CODE § 25-196 school zone in the city and at such other crossings or other in- tersections as the council may designate. (Ord. No. 33-49, §§ 13.4, 13.5, 9-6-49 ; Ord. No. 9-53, § 5, 5-12-53) Sec. 25-189. Operation of advertising vehicles. No person shall operate any vehicle upon the streets which, by loudspeakers or mechanical devices, is used to advertise events or the sale of goods, wares or merchandise. (Ord. No. 33-49, § 16.20, 9.6-49) Sec. 25-190. Reserved. Editor's note—Ord. No. 29-78, § 1, adopted May 1, 1978, repealed former § 25-190, which section prohibited entering Key Way Drive from certain streets when barrel street divides and traffic signs are posted. Said former section was derived from Ord. No. 8-78, § 1, adopted Feb. 20, 1978. Secs. 25-191-25-195. Reserved. DIVISION 2. OVERTAKING AND PASSING Sec. 25-196. Passing generally. The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated : (1) Except on one-way streets, the driver of a vehicle over- taking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. (2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on an audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. (3) Any driver of a vehicle that is overtaken by a faster moving vehicle who fails to heed the signal of the Supp. No. 3 1582.2 §:25 19.6 MOTOR VEHICLES AND TRAFFIC §:25-198 overtaking vehicle when it is given under such circum- stances that he could by the exercise of ordinary care and observation and precaution, hear such signal and who fails to yield that part of the traveled way as herein provided, shall be guilty of a misdemeanor. (4) Upon proof that a signal was given as contemplated by subsection (c), the burden shall rest upon the accused to prove that he did not hear such signal. (Ord. No. 33-49, § 10.1, 9-6-49 ; Ord. No. 9-53, § 2, 5-12-53) State law reference—Similar provisions, I.C.A. § 321.299. Sec. 25-197. Limitations on overtaking on the left generally. Except on one-way streets, no vehicle shall be driven to the left side of center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and pass- ing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direc- tion of any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within one hundred (100) feet of any vehicle approaching from the opposite direction. (Ord. No. 33-49, § 10.2, 9-6-49 ; Ord. No. 9-53, § 3, 5-12-53) State law reference—Similar provisions, I.C.A. § 321.303. Sec. 25-198. Overtaking, passing on the right. (a) The driver of a vehicle may overtake and pass upon the right of another vehicle which is making or about to make a left turn. (b) The driver of a vehicle may overtake, and, allowing suf- ficient clearance, pass another vehicle proceeding in the same direction either upon the left or upon the right on a roadway with unobstructed pavement of sufficient width of four . (4) or more lanes of moving traffic when such movement can be made in safety. No person shall drive off the pavement or 1583 § 25-198 DUBUQUE CODZ _ §. 25-200 upon the shoulder, curb or parking of the roadway in over- taking on the right. (Ord. No. 33-49, .§ 10.4, 9-6-49) State law reference ---Similar provisions, Y.C.A. § 321.302. Sec. 25-199. Prohibited passing. No vehiclie shall, in overtaking and passing another vehicle or at any other time, be driven to the left side of the roadway under the following conditions : (1) When approaching the crest of a grade or upon a curve in the highway where the driver's view along the highway is obstructed for a distance of approxi- mately seven hundred (700) feet. (2) When approaching within one hundred (100) feet of any narrow bridge, viaduct, or tunnel, when so sign- posted, or when approaching within one hundred (100) feet of or traversing any intersection or railroad grade crossing. (3) Where official signs are in place directing that traffic keep to the right or a distinctive center line or off - center line is marked, which distinctive line also so directs traffic as declared in the sign manual adopted by the state highway commission. (Ord. No. 33-49, § 10.3, 9-6-49 ; Ord. No. 9-53, § 4, 5-12-53) State law reference—Similar provisions, Y.G.A. § 321.304. Sec. 25-200. Roadways laned for traffic. Whenever any roadway has been divided into three (3) or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply : (1) A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety. (2) Upon a roadway which is divided into three (3) lanes a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where 1584 § 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 purposesof this section. Ve- hicles bound in the direction indicatted must stop before en- tering the designated intersection. NORTHBOUND Bellevue Road and Rockdale Road (Ord. No. 29-79, § 1, 5-30-79) Cedar Cross Road andCrescent Ridge (Ord. No. 29-79, § 1, 5-30-79) English Mill Road and Crescent Ridge (Ord. No. 29-79, § 1, 5-30-79) Fremont Avenue and Wartburg Place Grandview Avenue, North, andClarke Drive Supp. No. 5 1590.1 25-210 4 DUBUQUE CODE § 25-210 Inland Drive and Julien Dubuque Drive (Ord. No. 29-79, § 1, 5-30-79) Kerrfigan Road, east ramp, and Grandview Avenue Manson Road and Miller Road (Ord. No. 29-79, § 1, 5-30-79) MarJo Quarry Road and Rockdale Road (Ord. No. 29-79, § 1, 5-30-79) Rockdale Road and Grandview Avenue Saunders Street and Lemon Street Wartburg Place and Fremont Avenue (Ord. No. 11-79, § 1, 1-16-79) Woodland Drive and Key Way Drive SOUTHBOUND Twenty-first Street, East, and White Street Berkley Street and Oak Crest Drive Cedar Cross Road and North Cascade Road (Ord. No. 29-79, § 1, 5-30-79) Clear View Drive and Crescent Ridge (Ord. No. 29-79, § 1, 5-30-79) Fremont Avenue and Simpson Street Grandview Avenue, North, and Clarke Drive Hawthorne Street and Front Street Key Way Drive and Southway (Ord. No. 77-77, § 1, 11-21- 77) Lincoln Avenue and Front Street Lowell Street and Woodworth Street Northview Drive and Crescent Ridge (Ord. No. 29-79, § 1, 5-30-79) Old Mill Road and Rockdale Road (Ord. No. 29-79, § 1, 5-30-79) Supp. No. 5 1590.2 § 25-210 MOTOR VEHICLES AND TRAFFIC § 25-210 Shields Street and Jones Street Steward Road and Rockdale Road (Ord. No. 29-79, § 1, 5-30-79) 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 and Clarke Drive Cherry Street and Finley Street Grandview Avenue, North, and Delhi Street Hillcrest Road and Key Way Drive Kaufmann Avenue and Crissy Drive Keystone Drive and Key Way Drive (Ord. No. 38-78, § 1, 6-19-78) Key Way Drive and Woodland Drive (Ord. No. 38-78, § 1, 6-19-78) Lincoln Avenue and Farley Street (Ord. No. 22-79, § 1, 4- 2-79) Supp. No. 5 1590.3 § 25-210 .DUBUQUE CODE' § 25-210 Lincoln Avenue and Johnson Street Lincoln Avenue and Kniest Street Lincoln Avenue and Stafford Street (Ord. No. 10-79, § 1, 1-16-79) Queen Street and Twenty-fourth Street Radford, Road and Middle Road (Ord. No. 29-79, § 1, 5-30-79) Roosevelt Street and Lincoln Avenue Rosedale Street and Avoca Street Westway Street and Key Way Drive (Ord. No. 38-78, § 1, 6-19-78) Windsor Avenue and Davis Street (Ord. No. 10-79, § 1, 1-16-79) EASTBOUND Bluff Street and West Twelfth Street Crescent Ridge and Cedar Cross, Road (Ord. No. 29-79, § 1, 5-30-79) Curtis Street and Bryant Street (Ord. No. 36-79, § 1, 6- 18-79) 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 Kennedy Court and Peru Road (Ord. No. 29-79, § 1, 5-30-79) Key Way Drive and Keymont Street Key Way Drive and Westway Street (Ord. No. 38-78, § 1, 6-19-78) Supp. No. 5 1590.4 § 25-210 MOTOR VEHICLES AND TRAFFIC § 25-210 Louise Street and Peru Road (Ord. No. 29-79, § 1, 5-30-79) MarJo, Quarry Road and Inland Drive (Ord. No. 29-79, § 1, 5-30-79) Miller Road and Kelly Lane (Ord. No. 29-79, § 1, 5-30-79) St. Ambrose Street and Clarke Drive Starlight Drive and Cedar Cross Road (Ord. No. 29-79, § 1, 5-30-79) University Avenue and Ashbury 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 Hawkeye Drive and Peru Road (Ord. No. 29-79, § 1, 30-79) James, Street and Mazzuchelli Heights Liberty Street and Peru Road (Ord. No. 29-79, § 1, 5-30-79) Madison Street and Clarke Drive St. Anne Drive and Ridge Road Salem Street and Peru Road (Ord. No. 29-79, § 1, 5-30-79), Sheridan Road and Peru Road (Ord. No. 29-79, § 1, 5-30-79) Starlight Drive and Crescent Ridge (Ord. No. 29-79, § 1, 5-30-79) Toledo Street and Peru Road (Ord. No. 29-79, § 1, 5-30-79) University Avenue and Ashbury Road University Avenue and John F. Kennedy Road . Valley Drive and. Peru Road (Ord.. No. 2949,. § ,1; 5-30-7.9) Supp. No. 5 1590.5 § 25-210 DUBUQUE CODE § 25-210 Walker Street and Peru Road (Ord. No. 29-79, § 1, 5- 30-79) EASTBOUND AND WESTBOUND Atlantic Street and Custer Street Avoca Street and Green Street Davis Street and Windsor Avenue (Ord. No. 10-79, § 1, 1-,16-79) 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 Key Way Drive Jackson Street and East T'wenty-fourth Street Key Way Drive and Keystone Drive (Ord. No. 38-78, § 1, 649-78) Langworthy Avenue and Alpine Street Langworthy Avenue and Booth Street Langworthy Avenue and Nevada Street Lincoln Avenue and Fengler Street Maryville Drive and Scenic View Drive (Ord. No. 10-79, § 1, 1-16-79) Oakcrest Drive and Maplewood Court (Ord. No. 10-79, § 1, 1-16-79) 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 Supp. No. 5 1590.6 § 25-210 MOTOR VEHICLES AND TRAFFIC § 25-211 Sheridan Street and Goethe Street Solon Street and Alpine Street Sycamore Street and East Fifteenth Street Theda Drive and Crissy Drive (Ord. No. 10-79, § 1, 1-16-79) Vizalea Street and Keyrnont Street 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 Key Way 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 ; Ord. No. 9-79, § 1, 1-16-79; Ord. No. 10-79, § 1, 1-16-79 ; Ord. No. 11-79, § 1, 1-16-79; Ord. No. 22-79, § 1, 4-2-79 ; Ord. No. 29-79, § 1, 5-30-79 ; Ord. No. 36-79, § 1, 6-18-79) 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, I.C.A. § 321.322. Sec. 25-211. Stop signs toi 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 Supp. No. 5 1590.7 § 25-211 DUBUQUE CODE § 25-212' 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 Broadway Street and Diagonal Street (Ord. No. 12-79, § 2, 1-16=79) ,Coastes Street 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 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 Supp. No. 5 1590.8 § 25-220 MOTOR VEHICLES AND TRAFFIC § 25-221 Radford Road, from the northerly city limits to the south- erly city limits, 35 mph. (Ord. No. 28-79, § 1, 5-30-79) Valley Road, from Peru Road to Pebman Road, 3;5 mph. (Ord. No. 28-79, § 1, 5-30-79) (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; Ord. No. 28-79, § 1, 5-30-79) Editor's note—The street schedule set forth in § 25-220(c) is derived from Ord. No. 14-77, § 1, adopted April 14, 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). 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. State law reference—Similar provisions, I.C.A. § 321.285. 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 rale: (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 321.448 of the IowaCode. (Ord. Na. 33-49, § 8.2, 9-64.9) State law reference—Similar provisions, I.C.A. § 321.448. ,.Supp. No. 5 1590.13 § 25-222 DUBUQUE CODE § 25-236 i 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 directionsof 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) 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. 2-225-2-235. Reserved. ARTICLE VII. PEDE'STRIANiS 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 anyunmarked 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. 5 1590.14 § 25-257 MOTOR VEHICLES AND :TRAFFIC § 25=257 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. (d) No -parking -at -any -time zones designated. When signs are erected giving notice thereof, no person shall, at any time, park a vehicle upon any of the following described streets or parts of streets: First Street, West, both sides, from Iowa Street to Main Street; north side, from Locust Street to Bluff Street. Second Street, West, both sides, from Bluff Street to the alley immediately east thereof. Third Street, West, both sides, from a point 100i feet west of Bluff Street to Bluff Street; north side, from. Central Avenue to Iowa "'Street; south side, from Burch Street to a point one hundred (100) feet west of Bluff Street. Fourth Street, West, north side, from. Central Avenue to Iowa Street; south side, from Locust Street to Bluff Street. Fifth Street, West, south side, from. Bluff Street to Hill Street; north side, from a point 192 feet west of Bluff Street to Prospect Street. Eighth Street, West, both sides, from a point 146 feet west of the west property line of University Avenue to a point 206 feet west of the west property line of University Avenue, from Locust Street to the alley immediately east thereof, and from "Iowa Street to the alley immediately west thereof ; north side, from Wilson Avenue to Roberts Avenue; south side, from Central Avenue to the alley immediately west thereof. Ninth Street, West, both sides, from University Avenue. to Bluff Street and from Iowa Street to Central Avenue; Supp. No. 5 1.594.3 § 25-257 DUBUQUE CODE § 25-257 north side, from Bluff Street to Locust Street ; south side, from Locust Street to Main Street. Tenth Street, West, both sides, from Locust Street to Bluff Street; south side, from Central Avenue to Iowa Street. Eleventh Street, West, south side, from Prairie Street to Race Street. Twelfth Street, East, both sides, from Central Avenue to White Street; south side, from. Jackson Street to Elm Street. Twelfth Street, West, south and west sides from Bluff Street to Grove 'Terrace; south side, from Central Ave- nue to Iowa Street. Fourteenth Street, East, both sides, from White Street to Central Avenue ; north side, from Jackson Street to White Street. Fifteenth Street, East, both sides, from Sycamore Street to a point 950 feet east of Sycamore Street. Sixteenth Street, East, both sides, from Sycamore Street to Kerper Boulevard; north side, from. Elm Street to Pine Street and from Maple Street to Sycamore Street. Sixteenth Street, West, south side, from Montrose to Cather- ine Street. Seventeenth Street, West, north side, from West Locust Street to Clark Street. Twentieth Street, East, both sides, from. Central Avenue to Elm Street. (Ord. No. 37-79, '§ 1, 6-18-79) Twenty -First Street, East, both sides, from Central Ave- nue to White Street; south side, from Jackson Street to Chicago Great Western right-of-way. Twenty-second Street, East, south side, from Windsor Ave- nue to Stafford Street; north side, from. Jackson Street to Central Avenue. Supp. No. 5 1594'.4 § 25-257 MOTOR VEHICLES AND TRAFFIC § 25-258 Washington Street, west side, from East Twentieth Street to East Twenty-fifth Street. White Street, west side, from the north property line of East Fourth Street to apoint 37 feet north thereof. Wilbur Lane, south side, from Alice Street to Grove Ter- race. Wilson Avenue, west side, from West Eighth Street to West Eleventh Street. Wooten Street, south side, from Hill Street to McClain Street; north side, from McClain Street to a point 165 feet east thereof. (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; Ord. No. 21-79, § 1, 4-2-79 ; Ord. No. 37-79, § 1, 6-18-79) Editor's note—The street schedule set forth in '§ 25-257(c) is derived from Ord. No. 62-78, § 1, adopted Nov. 6, 1978,and the street sched- ule set forth in § 25-257(d) is derived from Ord. No. 21-79, § 1, adopted April 2, 1979, as said schedules are amended from time to time. Subse- quent ordinances amending said street schedules by adding or revis- ing the provisions thereof are indicated in the history note following the provisions added or revised. A complete history note for § 25-257 appears at the end of the section. 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 (8) 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. 5 1594.11 § 25-325 MOTOR VEHICLES AND TRAFFIC § 25-326 any motor vehicle registered in such person's name or op- erated or controlled by such person to be upon any street within a parking meter space adjacent to a parking meter while such meter is displaying a signal indicating that the motor vehicle occupying such parking space has been parked beyond the period prescribed for such parking spaces. (b) Such parking meter shall be operated to show legal parking in such parking meter zones between the hours of 9 :00 a.m. and 6:00 p.m. on Tuesday, Wednesday, Thursday and Saturday of each week and between the hours of 9:00 a.m. and 9:00 p.m. on Monday and Friday of each week, and each day of each week during the period commonly called "Christ- mas Shopping Days," which period commences on December first and extends to December twenty-third inclusive, of each year, except at such spaces designated from time to time in which the parking meter shall be operated to show legal park- ing during the hours of 9:00 a.m. and 6:00 p.m. on Monday, Tuesday, Wednesday, Thursday, Friday and Saturday of each week. (c) The provisions of this division shall not apply on holi- days, and the term "holiday" shall include the following days only: the first day of January, Memorial Day, the Fourth of July, the first Monday in September, Thanksgiving Day and the twenty-fifth day of December. (Ord. No. 33-49, § 16.6, 9-6-49 ; Ord. No. 47-50, § 1, 12-4-50; Ord. No. 44-64, § 1, 12-28- 64; Ord. No. 37-65,'§§ 5, 5 (a), 10-4-65; Ord. No. 38-65, § 1, 10-4-65; Ord. No. 33-72, § 1, 6-12-72) Sec. 25-326. Districts. There are hereby established three (3) parking meter dis- tricts in the city, to be known as parking meter districts A, B and C, to be composed of streets and/or portions thereof as follows : PARKING METER DISTRICT A First Street, both sides, between Main and Locust Streets. Sixth Street, both sides, between Locust and Bluff Streets. Supp. No. 4 1611 § 25-326 DUBUQUE CODE § 25-326 Seventh Street, both sides, between Central Avenue and Iowa Street. Seventh Street, both sides, between Locust and Bluff Streets. Eighth Avenue, north side, from Central Avenue to alley, west. Eighth Avenue, south side, between Locust and Bluff Streets. Eighth Avenue, south side, from White Street east for a distance of sixty-six (66) feet. Ninth Street, north side, between Iowa and Locust Streets. Ninth Street, south side, between Locust and Bluff Streets. Tenth Street, both sides, between Iowa and Locust Streets. Thirteenth Street, both sides, between Central Avenue and Iowa Street. Bluff Street, west side, between Seventh and .Locust Streets. Central Avenue, both sides, between Fourth and Eighteenth Streets. Central Avenue, east side, between Eighteenth and Nine- teenth Streets. Iowa Street, both sides, between Eleventh and Twelfth Streets. Iowa Street, east side, from Thirteenth Street to Loras Boulevard. Locust Street, west side, between Fourth and Eighth Streets. (Ord. No. 63-78, § 1 11-6-78) Locust Street, both sides, between Ninth and Tenth Streets. (Ord. No. 63-78, § 1, 11-6-78) Main Street, both sides, between First and Fourth Streets. Main Street, east side, between Ninth and Tenth Streets. Supp. No. 4 1612 § 25-326 MOTOR VEHICLES AND TRAFFIC § 25-326 Main Street, both sides, between Tenth and Eleventh Streets. PARKING METER DISTRICT B Second Street, both sides, between Main and Locust Streets. Third Street, north side, between Iowa and Main Streets. Third Street, both sides, between Main and Locust Streets. Fourth Street, north side, between Locust and Bluff Streets (Ord. No. 64-78, § 1, 11-6-78) Fourth Street, south side, between Central Avenue and Locust Street. (Ord. No. 66-77, § 1, 9-19-77; Ord. No, 64-78, § 1, 11-6-78) Fourth Street, both sides, between White Street and Cen- tral Avenue. (Ord. No. 66-77, § 1, 9-19-77; Ord. No. 64-78, § 1, 11-6-78) Fifth Street, south side, between Central Avenue and Locust Street. Eighth Street, north side, between Bluff Street and Uni- versity Avenue. Eighth Street, south side, from Bluff Street west for a distance of approximately three hundred (300) feet. Ninth Street, East, north side, from Central Avenue to White Street. (Ord. No. 35-78, § 1, 6-5-78) Tenth Street, north side, between Central Avenue and Iowa Street. Eleventh Street, both sides, between Central Avenue and Bluff Street. Twelfth Street, north side, between Central Avenue and Iowa Street. Twelfth Street, south side, between Iowa and Main Streets. Thirteenth Street, both sides, between Iowa and Main Streets. Supp. No. 4 1612.1 § 25-326 DUBUQUE CODE § 25-326 Sixteenth Street, both sides, one-half (1/2) block east and west of Central Avenue. Seventeenth Street, south side, one-half (1/2) block east and west of Central Avenue. Eighteenth Street, south side, one-half (1/2) block east of Central Avenue. Bluff Street, east side, between Fifth and Sixth Streets. Bluff Street, both sides, between Sixth and Seventh Streets. Bluff Street, both sides, between Tenth and Eleventh Streets. Iowa Street, both sides, between Third and Fourth Streets. (Ord. No. 36-78, § 1, 6-5-78) Iowa Street, west side, between Fourth and Tenth Streets. (Ord. No. 65-77, § 1, 9-19-77; Ord. No. 36-78, § 1, 6-5-78) Iowa Street, both sides, between Tenth and Eleventh Streets. (Ord. No. 36-78, § 1, 6-5-78) Iowa Street, both sides, between Twelfth and Thirteenth Streets. (Ord. No. 36-78, § 1, 6-5-78) Iowa Street, west side, between Thirteenth Street and Loras Boulevard. (Ord. No. 36-78, § 1, 6-5-78) Locust Street, both sides, between First and Second Streets. Locust Street, both sides, between Third and Fourth Streets. Locust Street, both sides, between Tenth and Twelfth Streets. Main Street, east side, from West First Street south for a distance of three hundred and sixty (360) feet. Main Street, west side, from West First Street south for a distance of two hundred and ten (210) feet. Main Street, both sides, between Fourth and Fifth Streets. Main Street, both sides, between Eleventh and Thirteenth Streets. Supp. No. 4 1612.2 § 25-326 MOTOR VEHICLES AND TRAFFIC § 25-326 PARKING METER DISTRICT C Second Street, both sides, between Iowa and Main Streets. Third Street, south side, between Iowa and Main Streets. Fourth. Street, north side, from Iowa Street to Locust Street. (Ord. No. 6547, § 1, 9-19-77 ; Ord. No. 64-78, § 1, 11-6-78) Fifth Street, south side, between Central Avenue and Iowa Street. (Ord. No. 62-77, § 1, 9-19-77) Fifth Street, both sides, between Central Avenue and White Street. Fifth Street, both sides, between Iowa and Bluff Streets. (Ord. No. 62-77, § 1, 9-19-77) Sixth Street, both sides, between Central Avenue and White Street, Seventh Street, both sides, between Central Avenue and White Street. Eighth Street, south side, from a point three hundred (300) feet westerly of Bluff Street to University Ave- nue. Eighth Street, both sides, between Central Avenue and White Street, Ninth Street, East, south side, between Central Avenue and White Street. (Ord. No. 35-78, § 1, 6-5-78) Tenth Street, both sides, between Central Avenue and White Street. Eleventh Street, both sides, between Central Avenue and White Street. Twelfth Street, both sides, between Main and Bluff Streets. Thirteenth Street, both sides, between Central Avenue and White Street. Thirteenth Street, both sides, between Main and Locust Streets. Supp. No. 4 1612.3 § 25-326 DUBUQUE CODE § 25-327 Fifteenth Street, East, north side, one-half (1/2) block east of Central Avenue. Fifteenth Street, East, south side, from Central Avenue to White Street. Fifteenth Street, West, both sides, one-half (1/2) block west of Central Avenue. Bluff Street, both sides, between Fourth and Fifth Streets. Bluff Street, both sides, between Eleventh and Twelfth Streets. Central Avenue, both sides, between Third and Fourth Streets. Iowa Street, both sides, between Second and Third Streets. Locust Street, both sides, between Twelfth Street and Loras Boulevard. Main Street, both sides, between Thirteenth Street and Loras Boulevard. White Street, west side, between Eleventh and Thirteenth Streets. White Street, west side, between East Fourteenth and East Fifteenth Streets. (Ord. No. 37-65, § 6, 10-4-65; Ord. No. 16-73, § 1, 4-2-73; Ord. No. 16-77, § 1, 4-4-77; Ord. No. 62-77, § 1, 9-19-77; Ord. No. 64-77, § 1, 9-19-77; Ord. No. 65-77, § 1, 9-19-77: Ord. No. 66-77, § 1, 9-19-77; Ord. No. 63-78, § 1, 11-6-78; Ord. No. 64-78, § 1, 11-6-78) Editor's note—The street schedules for parking meter districts set forth in § 25-326 are derived from Ord. No. 16-77, § 1, adopted April 4, 1977, as amended from time to time. Subsequent ordinances amending said street schedules by adding or revising the provisions thereof are indi- cated in the history note following the provisions added or revised. A complete history note for § 25-326 appears at the end of the section. Sec. 25-327. Fee schedule. Subject to the limitations provided in this division, parking meters, when installed and properly operated, shall show Supp. No. 4 1612.4 § 2.5-329 MOTOR VE'HICLEIS AND TRAFFIC § 25-332 Sec. 25-329. Unlawful to use slugs. It shall be unlawful to deposit, or cause to be deposited, in any parking meter any slug, device or substitute for a United States coin. (Ord. No. 37-65, § 9, 10-4-65) Sec. 25-330. Defacing, tampering with prohibited. It shall be unlawful for any unauthorized person to open, or for any person to deface, injure or tamper with, or wilfully break, destroy or impair the usefulness of any parking meter installed pursuant to this division, or to hitch any animals thereto. (Ord. No. 37-65, § 10, 10-4-65) Sec. 25-331. Collection and disposition of deposits. It shall be the duty of the city manager to designate some person to make regular collections of the money deposited in such parking meters and to deliver the money to the city treasurer, and it shall also be the duty of the city treasurer to count the money and place it in a special fund known as the parking meter fund. Such person making such collections shall be included in and covered by the city's honesty blanket posi- tion bond. (Ord. No. 37-65, § 13, 10-4-65) Sec. 25-332. Enforcement of division. (a) It shall be the duty of the police department under the direction of the chief of police to keep account of all violations of this division. (b) The police shall keep an account of and report the num- ber of each parking meter which indicates that the vehicles occupying the parking space adjacent to such parking meter is or has been parked in violation of any of the provisions of this division, 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 circumstances attending such violation. (c) The police shall attach to such vehicle a summons card stating that it has been parked in violation of this division. (Ord. No. 37-65, § 11, 10-4-65) 1613 § 25-3`33 _ DUBUQUE CODE § 25-340 Secs. 25-333-25-337. Reserved. DIVISION 5. RESTRICTIONS DURING SNOW REMOVAL* Sec. 25-338. Parking so as to interfere with plowing or re- moval prohibited. No vehicle, as defined in this chapter, shall be parked upon any street in the city in such a manner as to interfere with the plowing or removal of snow or ice from such street. (Ord. No. 64-61, § 1, 12-18-61) Sec. 25-339. Declaration of emergency. (a) When it becomes necessary to plow or remove snow from streets which because of the accumulation of snow thereon causes such a hindrance to traffic as constitutes an emergency unless the snow is promptly plowed or removed, the chief of police, or his designated subordinate, after consultation with the street commissioner, or his designated subordinate shall by appropriate public media declare the beginning of an emer- gency and the application of emergency snow parking regula- tions which regulations shall remain in force and effect until lifted by the chief of police or his designated subordinate. (b) For the purpose of this division, the accumulation of snow on any streets or area sufficient for the application of emergency regulations herein shall be any such accumulation of snow which hinders the safe movement of traffic thereon or that impedes the ability of emergency vehicles and public transportation vehicles to travel safely and expeditiously over such streets or areas. (Ord. No. 64-61, § 2, 12-18-61) Sec. 25-340. Streets other than arterial streets. The chief of police is hereby authorized and empowered to erect signs prohibiting parking upon any street in the city and upon any city owned parking lot, except arterial streets for which provisions are hereinafter made, upon which snow *Cross reference—Snow and ice removal from sidewalks, Ch. 33, Art. IV, Div. 2. 1614 Chapter 26 OFFENSES AND MISCELLANEOUS PROVISIONS* Art. I. In General, §§ 26-1-26-28 Art. II. Assemblies, §§ 26-29-26-43 Art. III. Blasting, §§ 26-44-26-68 Div. 1. Generally, §§ 26-44-26-54 Div. 2. Permit, §§ 26-55-26-68 Art. IV. Gambling, §§ 26-69-26-83 Art. V. Model Glue, §§ 26-84-26-109 Art. VI. Municipal Waterfront and Docks, §§ 26-110—.26-138 Div. 1. Generally, §§ 26-110-26-130 Div. 2. Department of Public Docks, §§ 26-131-216-138 Art. VII. Noises, §§ 26-139-26-163 Div. 1. Generally, §§ 26-139-26455 Div. 2. Variance Permits, §§ 26-156-26-163 ARTICLE I. IN GENERAL Sec. 26-1. Disturbing the peace—Generally. (a) No person within the corporate limits of this city shall wilfully disturb the peace and quiet of others by loud or ex- cessive noise, violent or obstreperous conduct calculated to pro- voke a breach of the peace. (b) No person within the corporate limits of this city shall suffer or permit in any house or upon any premises owned, occupied, possessed or controlled by him any hallooing, quar- relling, fighting or unusually loud or excessive noise in such a manner calculated to provoke a breach of the peace of others, or the public quiet of the neighborhood. (Ord. No. 51-73, §§ 1, 2, 11-7-73) Sec. 26-2. Same -Fighting. No person within the corporate limits of this city shall engage in a fight with another, or assault, strike, or attempt to assault or strike another, or invite or defy another person to fight or quarrel. (Ord. No. 51-73, § 3, 11-7-73) *Cross references—General penalty for Code violations, § 1-8; police, Ch. 31. 1667 § 26-3 DUBUQUE CODE § 26-6 Sec. 26-3. Same—Disturbing assemblages. No person within the corporate limits of this city shall disturb or interrupt any public meeting or lawful assemblage of persons by violent or obstreperous conduct, or by making unusually loud or excessive noise the intent of which is to be disruptive or to provoke a breach of the peace. (Ord. No. '51- 73, § 4, 11.7-73) Sec. 26-4. Same—Ringing of bells, gongs, etc. No person within the corporate limits of this city shall ring or sound any bell, auction bell, gong, or similar device upon the streets or alleys within the city, or in front of any place of business or dwelling house, or upon any vehicle for the purpose of advertising any auction or other sale or event, in an offensive or unnecessary manner so as to disturb the peace of others. (Ord. No. 51-73, § 5, 11-7-73) Sec. 26-5. Same—Interference with policemen, firemen. No person within the corporate limits of this city shall resist or obstruct, or in any way interfere with any police officer, or member of the fire department in the performance of any official duty. (Ord. No. 51-73, § 6, 11-7-73) Cross references—Fire department, Ch. 14, Art. II; police, Ch. 31. Sec. 26-6. False and fraudulent reports. Whoever intentionally and without good cause shall give a false or fraudulent report of a crime, a fire, or an accident by calling any peace officer, physician, hospital, ambulance serv- ice, or fire department, or by crying or sounding an alarm, or by performing any act calculated to cause such report or alarm, or who shall intentionally communicate false or fraudu- lent information with reference to a crime, a fire, or an acci- dent to any peace officer, physician, hospital, ambulance serv- ice, or fire department, knowing such information to be false or fraudulent, shall be guilty of a misdemeanor and upon con- viction .shall be punished as provided in section 1-8 of this Code. however, nothing herein shall prevent communication of 1668 § 26-87 OFFENSES, MISCELLANEOUS PROVISIONS § 26-111 Sec. 26-87. Sales to or purchases by minors restricted. (a) Except as provided in subsection (c) hereof, no person under eighteen (18) years of age shall possess or buy any model glue. (b) Except as provided in subsection (c) hereof, no person shall sell or transfer possession of any model glue to another person under eighteen (18) years of age. (c) A person may sell or transfer possession of model glue to a person under eighteen (18) years of age for model build- ing or other lawful use where such minor is accompanied by a person over eighteen (18) years of age. (Ord. No. 23-67, § 4, 5-1-67) Sec. 26-88. Exemptions from article. There is hereby excepted from the provisions of this article the sale of kits, for making models, which contain only enough glue to construct such model. (Ord. No. 23-67, § 5, 54-67) Secs. 26-89-26-109. Reserved. ARTICLE VL MUNICIPAL WATERFRONT AND DOCKS* DIVISION 1. GENERALLY Sec. 26-110. Definition. As used in this article, a "boathouse" is defined as any structure, floating house or floating shed of whatever material used which is used to enclose a boat or boats, for purposes of housing same. (Ord. No. 14-73, § 10, 3-26-73) Cross reference --Rules of construction and definitions generally, § 1-2. Sec. 26-111. Boat landing areas. The dock board manager is hereby directed to lay off and designate boat landing areas along the municipally owned waterfront for pleasure craft, commercial vessels and public *Cross references—Administration generally, Ch. 2; utilities, Ch. 36. 1679 § 2:6-111 DUBUQUE CODE § 26413 landings and to mark the public landings with suitable signs delineating their boundaries. (Ord. No. 14-73, § 2, 3-26-73) Sec. 26-112. Construction permits. No construction of structures or repairs upon or along the waterfront of the city shall be undertaken except upon appli- cation to the dock board and under permit by it and in ac- cordance with the general plans of the dock board and pur- suant to specifications submitted to the board and approved by it upon such application. (Ord. No. 14-73, § 1, 3-26-73) Cross reference—Licenses and miscellaneous business regulations, Ch. 24. Sec. 26-113. Mooring permits required; fees; removal of boats without permits. (a) Required. Except at public landings, no person shall moor or cause to be moored a vessel, float, boathouse or other water craft, along the waterfront of the city without first obtaining a permit to do so from the dock board. (b) Application; fees. Mooring permits may be obtained from the dock board by making application therefor on forms provided by the dock board manager and paying an annual permit fee as follows: (1) For commercial space, two dollars ($2.00) per linear foot per year; (2) For pleasure craft space, one dollar ($1.00) per linear foot per year. (c) Tag. A permit tag will be issued at the time of applica- tion and payment of fees. (d) Removal of boats without permits. Any boat, float,. vessel, boathouse or other 5water craft for which a permit has not been issued by July first of any year shall be deemed aban- doned and towed away and impounded by the dock commission and the same shall not be returned to the owner thereof with- out first paying a fee of fifty dollars ($50.00) for the towing of same and storage of such water craft is not claimed within 1680. § 26413 OFFENSES, MISCELLANEOUS PROVISIONS § 26-116 twenty (20) days from the date of towing and after written nOtice by ordinary mail to the address of the owner as shown on the application and owner fails or refuses to claim the same, the same shall be considered abandoned and the com- mission may sell the water craft. (Ord. No. 1473, §§ 3, 4, 7, 3-26-73) Cross reference—Licenses and miscellaneous business regulations, Ch. 24. Sec. 26-114. Agreements for waterfront usage longer than one year. The dock board may negotiate agreement for the use of por- tions of the waterfront for periods longer than one year at such rentals as the clock board may in its discretion deem compensatory. (Ord. No. 14-73, § 5, 3-26-73) Sec. 26-115. Mooring of boathouses restricted. (a) After March 26, 1973, no new boathouses shall be moored along the waterfront of the city, nor shall the same be relocated to such waterfront. (b) Boathouses then located along the waterfront of the. city shall be permitted but only such general maintenance and repairs shall be permitted thereto as will keep boathouses in an orderly condition. (c) Transfer of ownership of boathouses then owned and located along the waterfront is prohibited. All owners of boat- houses shall be required to either demolish the same or recon- struct the same so that no longer shall boathouses be per- mitted but said occupancy shall be limited only to open floats. (Ord. No. 14-73, § 6, 3-26-73) Sec. 26-116. Launching restrictions. Passengers shall be prohibited from occupying a motor ve- hicle being used to launch a boat at any of the public ramps. No passenger shall occupy a boat during the launching thereof nor in the removal of the boat from the water and pulling the same up the ramp. (Ord. No. 14-73, § 8, 3-26-73) 1681 § 26-117 DUBUQUE CODE § 26-119 Sec. 26-117. Repairs to boats in public launching ramps pro- hibited; exception. Repair work to boats and motors shall not be conducted while the boats are tied to the public launching ramps except in an emergency situation where a reasonable likelihood of injury to property or persons exists. (Ord. No. 14-73, § 8, 3-26-73) Sec. 26-118. Permission required for use of city owned water- front by commercial excursion operators. No commercial excursion operator shall use any city owned water frontage without first securing permission from the dock commission. Such commercial excursion operator may secure permission from the dock commission after making application therefor and payment of a fee of five dollars ($5.00) per landing. (Ord. No. 14-73, § 9, 3-26-7'3) Sec. 26-119. Water craft operation rules. All water craft operating in waters under the jurisdiction of the city shall conform to the following rules: (a) Every operator of a motor boat shall at all times navi- gate the same in a careful and prudent manner and at such a rate of speed as not to endanger the lives or property of others ; (b) No owner, operator or person in command of any power boat shall operate the same, or permit it to be operated, at a speed in excess of eight (8) statute miles per hour in any of the following areas : (1) Within one hundred (100) feet of any person in the water ; (2) Within two hundred (200) feet of any quay or landing float to which boats are made fast, or which is used for embarking or discharging passen- gers ; (3) In the Ice Harbor, Pleasure Boat Harbor, and Sev- enth Street Harbor; 1682 § 26-119 OFFENSES, MISCELLANEOUS PROVISIONS §. 26-122 (c) No person shall anchor a boat for fishing or other pur- poses on any body of water under the jurisdiction of the city in such a position as to dangerously obstruct access to public landings; (d) Operatorsof boats and all types of water craft, when mooring the same, shall exercise reasonable precautions to make sure that the vessel or craft will not go adrift and that the action of the water will not cause it to injure or endanger the property of others. (Ord. No. 41-57, § 2, 6-3-57) Sec. 26-120. Unlawful deposits. Logs, lumber, wood scraps, rope scraps, metal, glass or paper containers, derelict boats, oil, hay, garbage, sweepings and similar trash are hereby declared to be nuisances and it shall be unlawful for any person to throw or place, or cause to be thrown or placed any of the above named articles, or human waste, in the Ice Harbor, Pleasure Boat Harbor, Seventh Street Harbor or Kerper Cut, or upon the shores thereof, in such a position that such articles or substances may be washed into such bodies of water. The provisions of this section do not apply to a public dump regularly established by the authority of the city. (Ord. No. 41-57, § 3, 6-3-57) Sec. 26-121. Floats, boathouses to be maintained in orderly condition. All floats and boathouses moored along the waterfront of the city shall be maintained in a neat and orderly condition at all times, properly painted and securely moored. (Ord. No. 41-57, § 6, 6-3-57) Sec. 26-122. Conducting trade or business in pleasure craft spaces prohibited. No person shall conduct any trade or business in pleasure craft spaces without written permission of the dock board. (Ord. No. 41-57, § 7, 6-3-57) 1683 § 26-123 DUBUQUE CODE § 26432 Sec. 26-123. Removal of sunken, derelict or abandoned craft. The dock board may direct the removal and destruction of any sunken, derelict or abandoned craft, float or boathouse when, after investigation it determines that the same consti- tutes a nuisance. The owner of any such craft, float or boat- house shall remove the same when directed so to do by the dock board and upon his failure so to do shall be guilty of a misdemeanor and punished as provided in section 1-8 of this Code. (Ord. No. 41-57, § 8, 6-3-57) Sec. 26-124. No -parking areas. The dock board of the city is hereby authorized and em- powered to established no -parking areas on the property under its jurisdiction and when any such area shall be established by dock board ordinance, and signs have been posted giving notice thereof, it shall thereafter be unlawful for the owner or operator of any motor vehicle or boat trailer to park the same in such areas. (Ord. No. 41-57, § 9, 6-3-57) Cross reference—Stopping, standing and parking generally, Ch. 25, Art. VIII. Secs: 26-125-26-130. Reserved. DIVISION 2. DEPARTMENT OF PUBLIC' DOCKS Sec. 26-13L Created. There is hereby created a department of the city to be known as the department' of public docks. (Ord. No. 181, § 1, 11-15-26) Sec. 26-132. Dock board. (a) Composition. The 'department of public docks shall be administered by the dock board consisting of three (3) mem- bers to be known as commissioners of public docks. (b) Appointment; qualifications. The members of such dock board shall be appointed by the mayor with the approval of the city council. The qualifications of the commissioners ;1684 § 26-132 OFFENSES, MISCELLANEOUS PROVISIONS § 26-132 constituting such board shall be that they have been residents of the 'city for a period of not lessthan five (5) years and shall not at the time of their appointment or during their term of office be interested in or be employed by any common car- rier. Such board shall act without compensation. (c) Terms. One commissioner shall be appointed annually by the mayor and the term of office of such commissioner shall be three (3) years. (d) Oath of office. The members of the board shall qualify by taking an oath for the faithful performance of their du- ties. (e) Rules. The commissioners shall, from time to time, adopt rules and regulations for the government of their de- partment and to govern their proceedings, which, shall be adopted by resolution, recorded in a book kept by the board and known as the book of rules and regulations, and such rules and regulations shall be in force and effect after publi- cation in some newspaper published and circulated in the city. (f) Office; records. The board shall maintain an office in the city of Dubuque, Iowa, and keep a record of all its pro- ceedings and acts, which records shall at all times be open to public inspection. (g) Removal of members; filling_ of vacancies. If any com- missioner shall, at any time during his incumbency, cease to have the qualifications required by this section for his ap- pointment, or shall wilfully violate any of his duties under the law, such commissioner shall be removed by the mayor after written charges have been preferred against him and a due hearing of such charges have been had by the mayor upon reasonable notice to such commissioner. Vacancies occurring in the board through resignation or otherwise shall be filled by the mayor for the unexpired term. (h) Powers; duties. The board shall have power, and it shall be its duty for and on behalf of the City of Dubuque, Iowa, for which it is organized : Supp. No. 1 1685 § 26-132 DUBUQUE CODE § 26-132 (1) General plan. To prepare or cause to be prepared a comprehensive general plan for the improvement of its harbor and waterfront, making provision for the needs of commerce and shipping, and for the use of river - front property or other property, whether abutting the riverfront or not, and whether located within or with- out or partially within and partially without the corpo- rate limits of the city, by others for industrial and manufacturing purposes to the extent deemed advisable in relation to the operation of established wharves and docks, and providing for the construction of such docks, basins, piers, quay walls, wharves, warehouses, tunnels, belt railway connecting with all railway lines within the city, and such cranes, dock apparatus, and machinery equipment as it may deem necessary for the convenient and economical accommodation and handling of water- craft of all kinds and of freight and passengers, and the free interchange of traffic between the waterway and the railways and the railways and the waterway. Said plan shall be filed in the office of the board and be open to public inspection, and may from time to time be changed, altered, or amended by the board, as the requirements of shipping and commerce and the ad- vance of knowledge and information on the subject may suggest. (2) Purchase and condemnation of property. To purchase or acquire by condemnation or other lawful means, with the approval of the city council, such personal property, such lands, whether abutting the riverfront or not and whether located within or without or partially within and partially without the corporate limits of the city or such rights or interest therein, including easements, as may be necessary for use in the provision, develop- ment, full utilization and in the construction of any publicly owned harbor, waterfront, dock, basin, pier slip, quay wall, wharf, warehouse, or other structure, and in the construction of a belt railway and railway switches, and appurtenances and in making provision for the needs of commerce, shipping, industry, and Supp. No. 1 1686 § 26-132 OFFENSES, MISCELLANEOUS PROVISIONS § 26-132 (3) manufacturing, as provided for in such plan as may be adopted by the board. If the board shall deem it proper and expedient that the city shall acquire pos- session of such wharf property, lands, or rights or in- terests therein, including easements, and no price can be agreed upon between the board and the owner or owners thereof, the board, with the approval of the city council, may direct the city attorney to take legal proceedings to acquire same for the city in such man- ner as is or may be provided by the general laws of the state in the case of corporations having the right of eminent domain. The title of all lands, property, and rights acquired by the board shall be taken in the name of the City of Dubuque, Iowa. Control of property. The board shall have exclusive charge and control of the wharf property belonging to the city, including belt railway located in whole or in part therein, all the wharves, piers, quay walls, bulk- heads, and structures thereon and the waters adjacent thereto, and all the slips, basins, docks, waterfronts, the structures thereon, and the appurtenances, ease- ments, uses, reversions, and rights belonging thereto, which are now owned or possessed by the city or to which the city is or may become entitled, or which the city may acquire under the provisions hereof or other- wise, together with such other city -owned lands or properties as the city council may designate by ordi- nance. The board shall have the exclusive charge and control of the building, rebuilding, alterations, repair- ing, operation, and leasing of said property and every part thereof, and of the cleaning, grading, filling, paving, sewering, dredging, and deeping necessary in and about the same. Construction plans and surveys shall be approved by the city engineer. Leases of such property may be made for such pur- poses, including industrial and manufacturing purposes, upon such terms and conditions, and for such period of time as, in the judgment of the dock board shall be for Supp. No. 1 1686.1 § 26432 DUBUQUE CODE § 26432 the best interest of the city, in furtherance of the gen- eral plan adopted by said board. (4) Abutting property; jurisdiction and improvement. The board is hereby vested with jurisdiction and authority over that part of the streets and alleys and public grounds of the city which abut upon or intersect its navigable waters, lying between the harbor line and the first intersecting street measuring backward from high- water mark, to the extent only that may be necessary or requisite in carrying out the powers vested in it by this division. It is hereby declared that such jurisdiction and authority shall include the right to build retaining or quay walls, docks, levees, wharves, piers, ware- houses, or other constructions, including belt railway and railway switches, across and upon such streets and alleys and public grounds, and to grade, fill and pave the same to conform to the general level of the wharf, or for suitable approaches, thereto, provided that such improvements shall be paid for out offunds available to the board and not by assessments against abutting property; but in case the city council deems it necessary or advisable to construct street improvements or sewers on such streets and alleys, and abutting and adjacent property will receive special benefits therefrom, such improvements or sewers may be ordered constructed by said city council and the cost thereof may be assessed by said city council, to the extent of such benefits and as provided by law, upon and against all lots or parcels of real estate, whether publicly or privately owned, as may be specially benefited thereby, provided that the plans and specifications of the city council for such improvements or sewers be first approved by the dock board. Nothing in this subsection is intended to limit or qualify the powers and duties of the board as estab- lished and set out elsewhere in this section. Water mains so constructed will be a part of the city water utility and under the control of the water utility. Supp. No. 1 1686.2 § 26-132 OFFENSES, MISCELLANEOUS PROVISIONS § 26-132 Sanitary sewer extensions, so constructed, will be a part of the city sanitary sewer system and under the control of the city manager. (5) Control consistent with navigation laws; collection of tolls. The board is also vested with exclusive govern- ment and control of the harbor and waterfront con- sistent with the laws of the United States governing navigation, and of all wharf property, belt railway, wharves, piers, quay walls, bulkheads, docks, struc- tures, and equipment thereon, and all the slips, basins, waters adjacent thereto, and submerged lands, and appurtenances belonging to the city, and may make reasonable rules and regulations governing the traffic thereon and the use thereof, with the right to collect reasonable dockage, wharfage, shedding, storage, cran- age fees, and tolls thereon, as hereinafter provided. Obedience to such rules and regulations may be en- forced in the name of the city by a fine not exceeding one hundred dollars ($100.00), or by imprisonment not exceeding thirty (30) days, provided the council of the City of Dubuque, Iowa, shall first adopt the same in ordinance form, as ordinances of the city. (6) Rules and regulations as to specifications of waterfront buildings; adoption as ordinances. The board shall have power to make general rules and regulations for carry- ing out of the plans prepared and adopted by it for the building, repairing, alteration, maintenance and opera- tion of all structures, erections, or artificial construc- tions upon or adjacent to the waterfront of the city, whether the same shall be done by the board or by others; and except as provided by the general rules of the board, no new structures or repairs upon or along said waterfront shall be undertaken, except upon ap- plication to the board and under permit by it and in accordance with the general plans of the board and in pursuance of specifications submitted to the board and approved by it upon such application. The general rules and regulations of the board, whenever adopted Supp. No. 1 1686.3 § 26-132 DUBUQUE CODE § 26-132 (7) by it, shall be embodied in the form of ordinances and certified copies thereof shall, forthwith upon their passage, be transmitted to the clerk of the City of Du- buque, Iowa, who shall cause the same to be transcribed at length in a book kept for that purpose and the same shall be included in any compilation or publication of the ordinances of the City of Dubuque, Iowa. Upon fil- ing any such certified copy of any such ordinances, the said clerk shall forthwith cause the same to be published once in some newspaper of general circulation published in the City of Dubuque, Iowa. Said ordinances shall be in force and effect from and after the date of said publication, provided however, that if the said ordinances are included in any book or pamphlet of ordinances published by said city, no other publication shall be required, and they shall be in force and effect from the date said book or pamphlet is published. Tolls and charges; schedules adopted as ordinances. The board shall have the power to fix and regulate, and from time to time to alter, the tolls, fees, dockago, wharfage, cranage, sheddage, storage, and other charges for all publicly owned docks, levees, belt railway, piers, quay walls, slips, basins, wharves, and their equipment, or the use of any portion of the waterfront of the City of Dubuque, Iowa, which charges and rates shall be collectible by the board and shall be reasonable with a view only of defraying the necessary annual expenses of the board in constructing and operating the improve- ments and works herein authorized ; a schedule of such charges and regulations shall be enacted by the board in the form of ordinances of the board before the same shall go into or be in effect, and a copy of same shall be kept posted in a conspicuous place in the office of the board. (8) Assistants and officers; provisions therefor by ordi- nances. The board shall have power to employ such assistants, employees, clerks, workmen, and laborers as may be necessary in the efficient and economical performance of the work authorized by this ordinance, Supp. No. 1 1686.4 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, §§ 27-33-27-80 Div. 1. Generally, §§ 27-33-27-72 Div. 2. Specific Parks, §§ 27-73-27-80 Art. IV. Municipal Athletic Fields and Playgrounds, §§ 27-81-27-102 Div. 1. Generally, §§ 27-81-27-85 Div. 2. Petrakis Park, §§ 27-86-27-100 Div. 3. Falk Playground, §§ 27-101, 27-102 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 taxupon 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 *Cross reference—Amusements, Ch. 6. Supp. No. 5 1745 § 2746 DUBUQUE CODE § 27-19 of education of the Independent School District of Dubuque, a representative of the parochial school system and the city 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, 6-3049 ; 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 eq'uipment or buildings, the commission shall . have exclusive Supp. No. 5 1746 § 27-19 PARKS AND RECREATION § 27-33 jurisdiction and control over such recreational equipment and buildings, including the supervision, maintenance and repair thereof and the supervision of the recreational activities em- ploying such equipment or buildings. (Ord. No. 26-49, § 3, 6-30-49 ; Ord. No. 41-54, § 2, 6-7-54) Sec. 27-20. Certification of needs; tax levy restricted. On or before the fifteenth day of July in each year, the commission created by this article shall certify to the city council the amount of money it will need for all purposes for the ensuing fiscal year, which statement shall be used to de- termine the tax levy for recreational activities and as a basis for making an appropriation. If a tax is levied, the same shall not exceed that permitted by law. (Ord. No. 26-49, § 5, 6-30- 49) Sec. 27-21. Annual report. On or before the tenth day of April in each year the com- mission created by this article shall make a complete detailed report to the city council showing receipts and disbursements for the year then ended, which report shall be kept as a part of the permanent records of the city. (Ord. No. 26-49, § 6, 6-30-49) Secs. 27-22-27-32. Reserved. ARTICLE III. PUBLIC PARKS DIVISION 1. GENERALLY Sec. 27-33. Definitions. As used in this article, the following terms shall have the meanings indicated : Board, the board shall mean the board of park commis- sioners of the city. Parks, parkways shall mean parks, parkways, buildings, park roads or driveways, and all public service facilities or Supp. No. 2 1747 § 27-33 DUBUQUE CODE § 27-37 grounds, buildings and structures in and adjacent to the city, which are under control of the board. (Ord. No. 24-69, •§ 1, 5-5-69) Cross reference --Licenses and miscellaneous business regulations, Ch. 24. Sec. 27-34. Park board to have jurisdiction and control. The park board shall have the jurisdiction and control over all grounds that have been or may be set aside as public parks. Except as otherwise provided, such jurisdiction and control shall be exclusive and shall comprehend the supervision, main- tenance and repair of all grounds, roads, buildings, recrea- tional facilities and appurtenances located therein. (Ord. No. 41-54, § 1, 6-7-54) Sec. 27-35. Disorderly conduct. Any threatening, profane, abusive, disorderly, insulting or indecent language, any conduct or behavior or any act tending to a breach of the public peace and quiet by any person or persons in or upon any park or parkway is hereby prohibited. (Ord. No. 24-69, § 2, 5-5-69) Sec. 27-36. Indecent exposure. No person shall expose himself or herself to public view in any park or parkway, unless properly clothed. (Ord. No. 24- 69, § 27, 5-5-69) Sec. 27-37. Intoxicating beverages. (a) The consumption or use of intoxicating liquor, wine or beer in any public park in a promiscuous manner by any Person is hereby prohibited. (b) The consumption or use of intoxicating liquor, wine or beer by any person on roadways, parking lots, in cars, within any city park is hereby prohibited: No beer in con- tainers commonly referred to as "keg beer" shall be bought intoany park or parkway by any person. Supp. No. 2 1748: § 27-37 PARKS AND RECREATION § 27-38 (c) The consumption or use of intoxicating liquor, wine or beer is prohibited in the following named parks, to wit: Allison Henderson Park, Caledonia Park, Cleveland Park, Flat Iron Park, Grant Park, Jackson Park, Jefferson Park, Madison Park, Mans Conservation Park, Oakwood Park, Play Lot 17th and Elm, University Park, Washington Park. (Ord. No. 24-69, '§ 3, 5-5-69 ; Ord. No. 19-76, § 1, 5-17-76 ; Ord. No. 21-77, § 1, 4-18-77) Cross reference—Alcoholic beverages, Ch. 5. Sec. 27-38. Horse-drawn vehicles, riding of animals restricted. Horse-drawn vehicles, riding horses or any other domesti- cated animal used for such purposes shall be prohibited in any Supp. No. 2 1748.1 § 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 to 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 260; Lot 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 beknown as "Flora Park" under the jurisdiction and control of the park board, Supp. No. 5 1755 § 27-74 DUBUQUE CODE § 27-87 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. 27-75-27-80. Reserved. ARTICLE IV. MUNICIPAL ATHLETIC FIELDS AND PLAYGROUNDS* DIVISION 1. GENERALLY Secs. 27-81-27-85. Reserved. DIVISION 2. PETRAKIS PARK 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 *Editor's note—In order to facilitate inclusion in the Code of Ord. No. 27-79, adopted May 21, 1979, the editor has designated §§ 27-81- 27-85 as Div. 1, "In General," of Art. IV and former Art. IV, §§ 27-86- 27-95, as Div. 2, "Petrakis Park," of Art. IV. As to manner of in- clusion of Ord. No. 27-79, the user's attention is directed to the editor's footnote to Div. 3 of this article. Supp. No. 5 1756 §- 27-91 PARKS AND, _RECREATION § 2795 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 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. 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 concessions privileges or rights excepting admis- sions. (Mins. of 6-6-38, § 13) Supp. No. 5 1759 § 27-96 DUBUQUE CODE § 27-102 Secs. 27-96-27-100. Reserved. DIVLSION 3. FALK PLAYGROUND* Sec. 27-101. Closing hours. Falk Playground shall be closed to the public during the hours of 10:00 p.m. to 7:00 a.m. throughout the year. (Ord. No. 27-79, § 1, 5-21-79) Sec. 27-102. Bicycles, motorcycles, etc. Bicycles, motorcycles, motor scooters, go-carts, cars, trucks and other motor -driven vehicles shall not be permitted in Falk Playground, other than those vehicles engaged in au- thorized park maintenance and security. (Ord. No. 27.79, § 2, 5-21-79) *Editor's note—Ord. No. 27-79, § 1, adopted May 21, 1979, amended the Code by adding provisions designated §§ 27-96, 27-97. For purposes of classification and preserving Code format, the editor has redesignated said provisions §§ 27-101, 27-102 and included them as Div. 3 of Art. IV of Ch. 27. Note—See editor's footnote to Art. IV of Ch. 27. [The next page is 1809] :Supp. No. 5 1760 Chapter 29 PLANNING AND DEVELOPMENT* Art.= I. In General, §§ 29-1-29-15 Art. II. Planning and Zoning Commission, §§ 29-16-29-23 ARTICLE I. IN GENERAL Sec. 29-1. Industrial revenue bonds -Investigation fee. Whenever, and as often as, any corporation shall request the city to finance any project by issuance of its industrial rev- enue bonds, such request shall be accompanied by a nonre- fundable deposit in the amount of three thousand, five hun- dred" dollars ($3,500.00) to cover preliminary expenses of the city in its investigation of the desirability and feasibility of such financing. Such payment will be disbursed by the city to cover such expenses regardless if any such financing is completed, but may: be repaid as a project cost from bond pro- ceeds if and when such bonds are issued. "(Ord. No. 2-75, § 1, 1-13-75) State law reference—Industrial revenue bonds, I.C.A., Ch. 419. Sec. 29-2. Same—Financing fee. (a) The city shall charge a financing fee to be determined by the city council each time industrial revenue bonds are issued by it under the provisions of section 29-1. (b) Fees so determinedshall be not less than five, thousand dollars ($5,000.00) nor greater than the amount equal to ten dollars ($10.00) per one thousand dollars ($1,000.00) :of .bonds for the first one million dollars ($1,000,000.00) of bonds is- sued, five dollars ($5.00) per one thousand dollars ($1,000.00) of bonds for the next four million dollars ($4,000,000.00) of bonds issued, and two dollars ($2.00) per one thousand dol- lars ($1,000.00) of bonds for any amounts issued in excess of five million dollars ($5,000,000.00). The maximum allowable fee should be calculated on the principal amount of bonds is - *Cross references—Administration, Ch. 2; civil defense, Ch. 11; sub- division regulations, Ch. 34; zoning regulations, App. A. 1865 § 29-2 DUBUQUE CODE § 29-18 sued at each time of issuance of such bonds by the city. The fee determined by the city council shall be deemed to cover all of the services rendered by any and all officers and employees of the city, and shall be considered to be a project cost payable out of bond proceeds. (Ord. No. 2-75, § 2, 1-13-75) Secs. 29-3-29-15. Reserved. ARTICLE II. PLANNING AND ZONING COMMISSION* Sec. 29-16. Created; composition; appointment. There is hereby created a city planning and zoning commis- sion, which shall consist of seven (7) citizens of the city who shall be qualified by knowledge and experience to act in mat- ters pertaining to the development of city planning and zoning, none of whom shall hold any elective position in the city. Such members shall be appointed by the city council. (Ord. No. 26- 29, § 1, 3-29-29) Sec. 29-17. Terms; filling of vacancies. The terms of office of the members of the commission cre- ated by this article shall be five (5) years. Vacancies occur- ring on the commission caused by resignation or otherwise, shall be filled by the council for the unexpired term. (Ord. No. 26-29, § 2, 3-29-29) Sec. 29-18. Compensation. All members of the commission created by this article shall serve without compensation except for their actual expenses, which shall be subject to the approval of the council. (Ord. No. 26-29, § 2, 3-29-29) *Cross references—Airport zoning commission, Ch. 4, Art. IV; airport zoning regulations, Ch. 4, Art. V. State ' law reference -Authority for city planning commission's ap- pointment as zoning commission, I.C.A. § 414.6. 186..6 § 29-19 PLANNING AND DEVELOPMENT § 29-2.0 Sec. 29-19. Organization. The commission created by this article shall choose annual- ly, at its first regular meeting, one of its members to act as chairman, and another of its members as vice-chairman, who shall perform all of the duties of the chairman during his ab- sence or disability. The commission shall adopt such rules and regulations governing its organization and procedure as may be deemed necessary. (Ord. No. 26-29, § 3, 3-29-29) Sec. 29-20. Powers -Generally. The commission created by this article shall have and pos- sess the following powers as may be incidental to the success- ful carrying out of the powers vested in it in this article or such as may be expressly conferred upon it by law: (1) To make such surveys, studies, maps, plans or plats of the whole or any portion of the city and of any land outside thereof, which in the opinion of such commis- sion bears relation to a comprehensive plan, and shall submit such plan to the council with its studies and recommendations and it may publish the same. (2) To make recommendations for the location or erection of statuary, memorials or works of art in public places, public buildings, bridges, viaducts, street fixtures, public structures or appurtenances and the sites there- for. (3) To make recommendations upon plans, plats, or replats of subdivisions or resubdivisions in such city which show streets, alleys or other portions of the same in- tended to be dedicated for public use. (4) To make recommendations for street, park, parkway, boulevard, traffic way or other public improvements. (5) To carry on comprehensive studies of present conditions and the future growth of such city in order to guide and accomplish a co-ordinated, adjusted and harmonious de- velopment of such city in accordance with the present and future needs thereof to the end that the health, 1867 § 2 -20 DUBUQUE CODE:i: § 29-22 safety, morals, order, convenience, prosperity and gen- eral welfare may be best promoted... (6) To conduct public' hearings upon theadoption of such comprehensive plan or any amendment thereto. (7) To prepare a comprehensive plan regarding the height, number of stories and size of buildings and other struc- tures ; truc-tures; the percentage of ground that may be occupied:; the size of yards, courts and other open spaces ; the density of population ; and the location and use of build- ings, structures, and land for trade, industry, residence, or other purposes and to this end shall prepare ;a pre- liminary report and hold public hearings thereon and after such hearings have been held, to submit its final report and recommendations to the city council. (8) To recommend to the city council, from time to time, as conditions require, amendments, supplements, changes or modifications in the comprehensive plan prepared by it. (9) To do all things necessary or advisable in order to carry out the intent and purpose of this article and all other ordinances relating to the state as they now exist or as the same may be hereafter amended or supplemented. (Ord. No. 26-29, § 5, 3-29-29) Sec. 29-21. Same—Appointment of employees. The commission created by this article shall be empowered to appoint and employ such assistants as may be necessary and prescribe and define their duties and fix their compensa- tion. (Ord. No. 26-29, § 3, 3-29-29) Sec. 29-22. Annual report. The commission created by this article shall make an annual report to the city council on or before the first day of March in each year, such report to contain its proceedings with a full statement of its receipts, disbursements and the progress of its work for the preceding fiscal year. (Ord. No. 26-29, § 3, 3-29-29) 1868 § 29-23 PLANNING AND DEVELOPMENT § 29-23 Sec. 29-23. Annual appropriations; gifts; debt limit. The council shall annually appropriate a sum of money from the general funds for the payment of the expense of the com- mission created by this article. The commission shall have full, complete and exclusive authority to expend for and, on behalf of such city all sums of money so appropriated. Gifts, donations, or payments which are received by such city for city planning and zoning purposes shall be placed in such fund, to be used by the commission in a manner appropriate for its purposes. Such commission shall have no power to contract debts beyond the amount of its incomes for the current year. (Ord. No. 26-29, § 4, 3-29-29) 1869 [The next page is 1919] § 30-25 PLUMBING § 30-29 Sec. 30-25. Plumbing inspectors. The chief plumbing inspector and the assistant plumbing inspectors shall have such duties and responsibilities as may be prescribed by the city manager. A plumbing inspector must hold a city license as a journeyman or master plumber and have had at least five (5) years' experience as a journeyman plumber. (Ord. No. 48-70, Art. I, § 2', 9-21-70) Sec. 30-26. Right -of -entry. Inspectors shall have access to all buildings for the pur- pose of examining and carrying into effect the provisions of the plumbing ordinances of the city, or the rules and regula- tions of the local or state boards of health. (Ord. No. 48-70, Art. I, § 28, 9-21-70) Sec. 30-27. Interference with certificates or notices pro- hibited. It shall be unlawful for any person to willfully mutilate, deface, remove or destroy any certificate or notice placed upon the plumbing work of any building by a city plumbing in- spector. (Ord. No. 48-70, Art. I, § 26, 9-21-70) Sec. 30-28. Inspection—Prerequisite to covering or use of work. It shall be the duty of the plumber installing plumbing work to see that no plumbing is covered or used until such work has been inspected and approved by the plumbing inspector. (Ord. No. 48-70, Art. I, § 30, 9-21-70) Sec. 30-29. Same—Request for; notice of defects; time limit for correction. (a) Any person doing plumbing work in the city shall, when work has been prepared for inspection, as provided for in this chapter, notify the plumbing inspector that inspection is re- quired, giving location of the premises, and the time that work will be ready for inspection. 1923 § 30-29 DUBUQUE CODE § 30-37 (b) If, upon inspection, the plumbing inspector findsthe work not in accordance with the provisions of this chapter, he shall notify the plumber doing the work or the owner of the premises, by written letter or by posting written notices upon the premises, and such letter or such posting shall be all the notice required to be given of the defects in the work found upon inspection and such defects shall be corrected with- in three (3) days after notice is given. (Ord. No. 48-70, Art. I, § 29, 9-21-70) Secs. 30-30-30-35. Reserved. DIVISION 2. PLUMBING BOARD Sec. 30-36. Appointment; composition; qualifications. The city manager shall, with the consent and approval of the city council, appoint a plumbing board consisting of five (5) members, one of whom shall hold a license as journeyman plumber of at least five (5) years' experience, one a member of the local board of health, and two (2) master plumbers who have engaged in the plumbing business as master plumbers for at least five (5) years in this city, and the fifth member shall be one who holds a bachelor of science degree in the area of physical sciences. (Ord. No. 48-70, Art. I, § 3, 9-21-70) Sec. 30-37. Terms; filling of vacancies. (a) Members of the plumbing board shall serve for a period of five (5) years, or until their successors are duly appointed and qualified. (b) Should a vacancy in the board occur it shall be the duty of the chief plumbing inspector to notify the city manager of such vacancy. Th•e city manager shall, with the consent and approval of the city council, immediately appoint a new mem- ber of the board to fill the e unexpired term. (Ord. No. 48-70, Art. I, § 4, 9-21-70) 1924 § 30-38 PLUMBING, § 30.41 Sec. 30-38. Compensation. The members of the plumbing board shall receive no com- pensation. (Ord. No. 48-70, Art. I, § 5, 9-21-70 ; Ord. No. 19- 73, § 1, 4-30-73) Sec. 30-39. Facilities; meetings. (a) The council shall provide suitable rooms in which the plumbing board may hold its meetings and it shall provide such board with all the necessary and incidental equipment and facilities for holding the examinations and pay the ex- pense thereof. (b) The plumbing board shall meet at least once every three (3) months. They shall also meet whenever theboard of health or the city manager shall, in writing, request them to do so. (Ord. No. 48-70, Art. I, §§ 5, 8, 9-21-70; Ord. No. 19-73, § 1, 4-30-73) Sec. 30-40. Quorum. Three (3) members of the plumbing board shall constitute a quorum for the transacting of all business, but any action taken by such board shall require a majority vote of all mem- bers of the board. (Ord. No. 48-70, Art. I, § 6, 9-21-70) Sec. 30-41. Clerk. The chief plumbing inspector shall act as the clerk of the plumbing board and it shall be his duty to keep a record of the meetings of such board and to register the names and residences of all persons examined by such board, the result of the examination and the kind of license issued to each, if any, and the date thereof, assist the board in preparing, con- ducting and grading examinations, and maintain a roster of all apprentices with the board, and perform such other clerical duties as pertains to the board. (Ord. No. 48-70, Art. I, § 7, 9-21-70) 1925 § 30-42 DUBUQUECODE § 30-42 Sec. 30-42. Powers and duties. The plumbing board shall: (1) Examination of plumbers; issuance of licenses. Ex- amine all persons applying for licenses as journeyman plumbers or master plumbers to determine their fitness and qualifications as journeyman plumbers or master plumbers and shall issue licenses to all persons who shall have passed a satisfactory examination before such board and shall be determined to be qualified as licensed journeyman plumbers or licensed master plumbers. (2) Approval of material, method, equipment not covered by chapter. Have the authority to approve materials, devices, fixtures, and methods of assexnblance, appli- ances or types of installations not covered specifically by this chapter and in the event of national emergency or some other cause beyond local control by reason of which materials, devices, fixtures, methods of assem- blage, appliance and types of installations shall not be reasonably available, the board shall have the authority to approve alternates. The board may at its discretion invest as much of this authority in the plumbing in- spector as the boarddeems fit and proper. Service as appeal board. Any person directly interested, who is aggrieved by a decision of the plumbing in- spector, or from any requirements resulting from the enforcement of this chapter may appeal from such decision to the plumbing board, and such board shall serve as an appeal board, and the board shall sit in hearing. In case the party aggrieved is a board mem- ber, such member shall be disqualified as a member of the board acting as an appeal board, until the person aggrieved has been heard and a decision rendered. The appeal shall be made by the person aggrieved, giving written notice of such appeal to the plumbing inspector, within seven (7) days after becoming aggrieved. The appeal board shall meet within seven (7) days after giv- ing of such notice, and shall render a decision within (3) 1926 § 30-42 PLUMBING § 30-54 five (5) days thereafter. Any interested party includ- ing the plumbing inspectors have the right to present the case to the appeal board, whose decision shall be final, unless appealed to the city council, or to the court as provided for by law. (4) Revision of code or chapter. Receive and consider sug- gestions for revision and/or improvements of this chapter or the code adopted by section 30-1 of this chapter and if, in the opinion of the board, such sug- gestions will contribute to the objectives of this chap- ter, the board shall submit such suggestions to the city manager and council for consideration, or other appropriate action. (Ord. No. 48-70, Art. I, § 8, 9-21- 70) Secs. 30-43-30-53. Reserved. ARTICLE III. PERMITS* Sec. 30-54. Required ; exception. (a) No person shall begin installing pipes, fixtures, or other apparatus for bringing in the water supply or removing liquid and water -carried waste in or for any building in the city except as provided in paragraph (c) of this section unless a permit for such work has been issued by the division of plumb- ing inspection to a master plumber. (b) When a permit had been issued for plumbing work, in no case shall additional work be put in or additional fixtures set without the approval of the chief plumbing inspector, and a new permit shall be obtained for all such additional work or fixtures. (c) Permits will not be required for the removal of stoppage in soil or waste pipes or for replacing broken fixtures, or tanks, or faucets, or repairing leaks in waste pipes or water pipes or tanks, but when repairs are made, only fixtures shall *Cross reference—Licenses and miscellaneous business regulations, Ch. 24. Supp. No. 2 192,7 § 30-54 DUBUQUE CODE § 30-57 be used to replace broken fixtures as shall conform to the pro- visions herein prescribed. Traps not previously vented when repaired shall be finished with an approved antisyphon trap. Nothing herein shall, however, be construed to permit the repair or replacement, in whole or in part, of any private sanitary or storm sewer, or any private water service, or any excavating in the streets or other public places in the city, without first having obtained a permit and paying the fee therefor. (Ord. No. 48-70, Art. I, §§ 20, 22, 25, 9-21-70; Ord. No. 2-77, Pt. 1, 2-7-77) Sec. 30-55. Application. Any licensed master plumber desiring a plumbing permit shall file with the division of plumbing inspection an applica- tion in writing for such permit stating therein the street and house number, with the owner's name, the name of the li- censed plumber, specifying the work to be done and that such work will be done in accordance with the ordinances of the city and rules and regulations of the local and state boards of health. (Ord. No. 48-70, Art. I, § 21, 9-21-70) Sec. 30-56. Issuance. Upon the approval of the application for a permit required by this division, the division of plumbing inspection shall issue a permit to the person applying therefor, stating the name of the owner of the property, the name of the licensed plumber to whom the permit is issued, and the street and house num- ber, and the work authorized to be done thereunder. No per- mit shall be issued for additional plumbing work in any build- ing where the plumbing is found defective or has been in- stalled or is being maintained contrary to the provisions of the city plumbing ordinances, or the rules and regulations of the local or state boards of health, unless such plumbing is to be corrected, and the permit is taken out to cover the correction of such work. (Ord. No. 48-70, Art. I, § 23, 9-21-70) Sec. 30-57. Fees. (a) Schedule. There shall be charged a permit fee for all plumbing work, either new, replaced, reconstructed, or re- paired, except as provided in section 30-54 (c), as follows: Supp. No. 2 1928 Chapter 33 STREETS, SIDEWALKS AND PUBLIC PLACES* Art. I. In General, §§ 33-1-33-24 Art. II. Curbs and Driveways, §§ 33-25-33-47 Div. 1. Generally, §§ 33-25-33-31 Div. 2. Permit, §§ 33-32-33-47 Art. III. Excavations, §§ 33-48-33-77 Div. 1. Generally, §§ 33-48-33-61 Div. 2. Permit, §§ 33-62-33-77 Art. IV. Sidewalks, §§ 33-78-33-86 Div. 1. Generally, §§ 33-78-33-83 Div. 2. Snow and Ice Removal, §§ 33-84--33-86 ARTICLE I. IN GENERAL Sec, 33-1. Use of explosives, etc. If any person, within the corporate limits of this city, causes or aids in causing, any firecrackers, torpedoes or other explosives, of any kind or character, to be fired off or ex- ploded upon the streets or alleys of this city, or upon any public or private grounds without permission of the owner or occupant thereof, or engages or participates in any sport or exercise likely to scare horses, he shall be guilty of a mis- demeanor. (Ord. No. 78, § 41) Sec. 33-2. Obstructions. Any person, within the corporate limits, who commits any of the following acts shall be guilty of a misdemeanor: (1) In any way obstructs or causes to be obstructed, any street, alley, sidewalk or other public place by placing therein or thereon any stone, lumber, brick, wood or other thing or by making or causing to be made any *Cross references—Display of advertising material on parking, re- stricted, § 3-1; distribution of advertising material in public streets, § 3-20; motor vehicles and traffic, Ch. 25; removal of grade stakes, § 26-16; standards for streets, alleys and easements in subdivisions, Ch. 34, Art. III, Div. 2. State law references—Streets and public grounds, LCLA. § 389.1 et seq.; sidewalks, T.C.A. § 389.31 et seq. 20$7 § 33-2 DUBUQUE CODE § 33-2 excavation therein or thereon, or by removing or caus- ing to beremoved, plank or timber or other material therefrom without having first secured written permis- sion from the city to do so, or if any person who has not secured a peddler's license, who obstructs or causes to be obstructed, any street, alley, sidewalk, bridge or other public place by keepingor having thereon or therein or causing to be kept thereon or therein, any wagon, push cart or other vehicle fromwhich to peddle or from which is being peddled, or from which it is the intention to peddle, fruit or other merchandise or any commodity whatever, such wagon, push cart or other vehicle being kept standing or moving from place to,, place. (2) Places or causes to be placed on any of the streets, alleys, sidewalks or other public places, any cord, wood, lumber, brick,stone or any other species of property or thing,and suffers the same to remain thereon or :there- in for more than ten (10) hours after having been notified by the chief of police to remove the same; pro- vided, that this subparagraph shall not be construed to apply in cases of removal or importation of goods, wares and merchandise belonging to merchants where the same do not remain as an obstruction for more than ten (10) hours and no not occupy more than one- third (1/3) of the width of the sidewalk from the build- ing to the curb line. (3) Obstructs any sidewalk by drawing, leading or driving any cart or vehicle upon the same, or leaving any cart, vehicle or animal upon the same, he shall be guilty of a misdemeanor. (4) Collect or gather on any sidewalk, so as to obstruct the free passage thereon, and neglect or refuse to disperse upon the request or command of the owner or occupant of adjoining premises, or of a police officer. (5). Keeps or leaves -open any cellar .door or grating, or covering of any vault, on any street or sidewalk., or 2038' § 33-64 STREETS, SIDEWALKS ANDPUBLIC PLACES § 33-84 and shall have deposited a policy of liability insurance satis- factory to the city council insuring the city against any liabili- ty arising out of the work during the period the same is being carried on or within two (2) years thereafter. (Ord. No. 45- 51, § 8, 9-25-51) Sec. 33-65. Contents. Permits issued under this division shall be executed in du- plicate and shall show the work for which the same has been granted, the name of the person to whom the : same is issued, the location of the premises, the purpose of the excavation and the time within which the work shall be commenced and com- pleted. (Ord. No. 45-51, § 7, 9-25-51) Sec. 33-66. Council approval required for issuance of new per- mits to violators of permit conditions or article. Any person who shall fail to comply with the terms and con- ditions of the permit authorized in this .division or who shall violate the terms of this article shall not thereafter be granted another such permit without the prior approval of the city council. (Ord. No. 45-51, § 11, 9-25-51) Secs. 33-67-33-77. Reserved. ARTICLE IV. SIDEWALKS DIVISION 1. GENERALLY Secs. 33-78-33-83. Reserved. DIVISION 2. SNOW AND ICE REMOVAL* Sec. 33-84. Duty of abutting owner to remove. The owner of any lot or parcel thereof abutting upon any sidewalk on the city streets in the city shall promptly remove, *Cross reference—Restrictions on street parking during snow removal, Ch. 25, Art. VIII, Div. 5. 2097 § 33-84 DUBUQUE CODE § 33-86 or cause to be removed, accumulations of snow, ice or slush from such sidewalks. (Ord. No. 51-51, § 1, 11-13-51) Sec. 33-85. Removal by city upon owner's failure to remove; assessment of costs. In the event accumulations as described in section 33-84 are permitted to remain on sidewalks for more than a reason- able length of time, then the city manager, when he deems necessary in the interests of public safety, shall cause the same to be removed and the cost of such removal shall be assessed against the abutting property in the manner set out in section 33-86. (Ord. No. 51-51, § 2, 11-13-51) Sec. 33-86. Collection of cost of removal by city. When the city manager, pursuant to section 33-85, has caused accumulations of snow, ice or slush to be removed from any sidewalk, he shall promptly ascertain the actual cost thereof, including the cost of supervision, inspection and ac- counting, and shall certify such actual cost to the city clerk who, in turn, shall promptly certify such cost to the county auditor and it shall then be collected with and in the same manner as general property taxes in accordance with the provisions of law. (Ord. No. 51-51, § 3, 11-13-51) [The next page is 2149] 2098 Chapter 35 TAXATION* Art. I. In General, §§ 35-1-35-15 Art. II. City Assessor, §§ 35-1635-20 Art. HI. Hotel and Motel Tax, §§ 35-21-35-23 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 *Cross reference—Administration generally, Ch. 2. Supp, No. 5 2218 § 35-2 DUBUQUE CODE § 35-21 constitute the authority of the county auditor to relieve the lands listed thereon from all municipal levies except an annual tax of one and one-quarter (11/x,) 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 TAXt Sec. 35-21. Definitions. [As used in this article, the following terms shall .have the meanings indicated.] Hotel and motel shall be deemed to mean any hotel, motel, inn, public lodging house, rooming house or tourist court, or' any place where sleeping accommodations 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 of all state universi- ties and colleges. *State law reference -Authority to provide for city assessor, I.C.A. § 441.51. -Editor's note—Ord. No. 3-79, § 1, adopted Jan. 2, 1979, amended the Code by adding provisions designated Art. III of Ch. 35, §§ 35-17-35-20. For the purpose of preserving Code format, and at his discretion, the editor has redesignated §§ 35-17, 35-18. and 35-20 as §§ 35-21=35-23 of Art. III of Ch. 35; provisions of §. 35-19 relative to effective date, April 1, 1979, has been omitted from codification. Formerly, Art. III of Ch. 35, §§ 35-21, 35-.22, consisted of §'§ 1, 2 of Ord. No. 50-78, which ordinance authorized imposition of the five per cent hotel and motel tax effective April 1, 1979, was adopted Aug. 21, 1978, and was approved at referendum Nov. 7, 1978. Supp. No. 5 2214 § 35-21 TAXATION § 35-23 Renting and rent shall include any kind of direct or indi- rect charge for any room, apartment or sleeping quarter in a hotel or motel as defined in this. section. (Ord. No. 3-79, § 1, 1-2-79) Sec. 35-22. Levy. A. tax is hereby imposed upon the gross receipts from the renting of any and all rooms, 'apartments or sleeping quar- ters in any hotel or motel as defined in section 35-21 at the rate of five (5) per cent of such gross receipts derived from the renting of a room, apartment or sleeping quarters while rented by the same person for a period of not more than thirty- one (31) consecutive days. (Ord. No. 3-79, § 1, 1-2-79) Sec. 35-23. Payment. Such tax shall be paid as is provided in Senate File 336 Acts of the 67th General Assembly, 2nd Session. (Ord. No. 3-79, § 1, 1-2-79) Supp. No. 5 2215 [The next page is 2253] § 3642 UTILITIES § 36-76 ARTICLE III. TRANSIT AUTHORITY* Sec. 36-72. Established. The city does hereby create and establish a transit au- thority in and for the city, effective July 1, 1975..(Ord. No. 19-75, § 1, 6-9-75) Sec. 36-73. Qualification of trustees. The trustees of the transit authority shall qualify by taking their respective oaths of office and filing a surety company bond in the principal amount of one thousand dollars ($1,000.- 00) in favor of the city in the office of the city clerk. (Ord. No. 19-75, § 3, 6-9-75) Sec. 36-74. Organization, election of officers; adoption of rules; terms. The board of trustees of the transit authority shall organize for its transaction of business, elect from its own number a chairman and a secretary who shall serve for such terms as the board shall determine, not exceeding their terms of office as members of the board, and adopt bylaws, rules and regu- lations to govern the proceedings of the board. Members of the board shall hold office for four (4) years or until their respective successors have been appointed and have qualified. (Ord. No. 19-75, § 5, 6-9-75) Sec. 36-75. Salary of trustees. The salary for each trustee member of the transit authority is hereby fixed in the amount of three hundred dollars ($300.- 00) per year for each member. (Ord. No. 19-75, § 4, 6-9-75) Sec. 36-76. Quorum; majority vote required for action by board. Two (2) members of the board of trustees of the transit authority shall constitute a quorum for the transaction of *Cross references—Administration, Ch. 2; motor vehicles and traffic, Ch. 25. Supp. No. 1 2281 § 36-76 DUBUQUE CODE § 36-78 business. All action of the board shall be by resolution and the affirmative vote of at least two (2) members shall be necessary for the adoption of any resolution. (Ord. No. 19-75, § 5, 6-9-75) Sec. 36-77. Records to be public; exception. All resolutions of the board of trustees of the transit au- thority and all documents and records in its possession shall be public records and open to public inspection, except such documents and records as shall be kept or prepared by the board for use in negotiations, actions or proceedings to which the board is a party. (Ord. No. 19-75, § 5, 6-9-75) Sec. 36-78. Powers, duties of board. The board of trustees of the transit authority shall have: Supp. No. 1 2282 § 36-78 UTILITIES § 36-78 (1) Possession, management, charge and superintendence of the transit system and shall have the power to make and enforce rules and regulations for the control, super- vision, maintenance and operation of the transit sys- tem, and to buy, to sell and exchange any property, ve- hicles, equipment or rights for the benefit and efficient operation of such system ; (2) The power to purchase equipment and may execute agreements ; (3) The power to employ, fix the compensation of, and re- move, subject to the provisions of the civil service law, such professional and technical employees, but not in- cluding executive, skilled or unskilled, as it may be deemed necessary for the operation and maintenance for such transit system ; (4:) The , power from time to time, to fix and establish routes and schedules and change the same whenever it is deemed advisable and shall have the power, and it shall be its duty to fix, maintain, regulate and collect rates, fares or charges for the transportation of pas- sengers and any incidental services, and the rates or charges to be made for advertising in buses or any other facility under the control of the board so that revenues of the system will be at all times sufficient in the aggregate to provide for the payment of the interest on and principal of all bonds for the payment of the operation, maintenance, depreciation and other expenses of the transit system and for the creation of a reserve fund for the purchase of such new equip- ment as may be reasonably necessary for the operation of such transit system; (5) The power to sell or otherwise dispose of any personal property which, in the opinion of the board, is obsolete or is no longer necessary to the operation and the main- tenance of the transit system., Notice of such sale or disposition of such personal property of a value of more than one thousand dollars ($1,000.00) shall be given by publication once in a newspaper published in the city at least ten (10) days before such sale or disposition. 2283 § 36-78 DUBUQUE'. CODE § 36-92 The board shall establish reasonable rules and regula- tions governing the sale or disposition of such property. Any revenue derived from the sale of such property shall be deposited with the treasurer of the city to the credit of the transit system. (Ord. No. 19-75, §§ 6, 7, 9, 6-9-75) Sec. 36-79. Deposit of funds; disbursements. All funds derived from taxation or otherwise for , transit system purposes shall be deposited with the treasurer of the city to the credit of the transit system and shall be with- drawn or paid out only by check ordraft upon the bank signed by the chairman of the board and countersigned by the secretary thereof. (Ord. No. 19-75, § 8, 6-9-75) Sec. 36-80. Contracts and agreements not subject to council review. Contracts and agreements entered into wherein the city transit authority is a party shall not be subject to review and approval by the city council. (Ord. No. 19-75, § 10, 6-9-75) Sec. 36-81. Meetings. The transit authority shall hold at least one official meeting per month, which shall be held in the city council chambers at the city hall. The designated monthly meeting day shall be the second Thursday of each month. (Ord. No. 19-75, § 11, 6-9-75 ; Ord. No. 36-75, § 1, 8-18.75) Secs. 36-8236-91. Reserved. ARTICLE IV. WATER DIVISION 1. GENERALLY Sec. 36-92. Definitions. In this article, the words "water works," "city water works" or "city water department" shall mean the city, acting through its qualified officers. (Ord. No. 5-59, § 1, 2-9-59) Cross reference—Rules of construction and definitions generally, § 1-2. 2284 § 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; j. Wetting down sub -grade, one dollar ($1.00) per one hundred (100) square yards. (d) 'The rate for water charged for other purposes not mentioned herein, s.ucli 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 ifit 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. 5 2305 § 36-181 DUBUQUE CODE § 36-182 DIVISION 2. 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; To investigate, and compile information at the request of the city council pertaining to cable television serv- ices and, where appropriate, to engage 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) The commission shall have a membership of nine (9) persons appointed by the city council for two (2) year terms. Five (5) of the initial appointments shall be for one-year *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. 5 (5) 2306 § 36-182 UTILITIES § 36-184 terms and the balance shall be for two-year terms. Upon cornpletion of their term of office, members shall continue to serve in their full capacity until a successor has been duly appointed. (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 place agreed upon 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; Ord. No. 38-79, § 1, 6-18-79) 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. 5 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 expendituresof 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; (3) The report shall contain progressthroughout 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) Supp. No. 6 2308 [The next page is 2355] Chapter 38 VEHICLES FOR HIRE* Art. I. In General, §§ 38-1-38-15 Art. IL Taxicabs, §§ 38-16-38-40 Div. 1. Generally, §§ 38-16-38-30 Div. 2. Permits and Licenses, §§ 38-31-38-40 ARTICLE I. IN GENERAL Secs. 38-1-38-15. Reserved. ARTICLE II. TAXICABS DIVISION 1. GENERALLY Sec. 38-16. Definitions. The following words and phrases, when used in this article, shall have the meanings set out herein: Chauffeur means any person who operates an automobile in the transportation of persons, and who receives any com- pensation for such service in wages or commissions or who is otherwise paid, directly or indirectly. Taxicab means a motor vehicle regularly engaged in the business of carrying passengers for hire, having a seating capacity of less than ten (10) persons and not operated on a fixed route. (Ord. No. 33-57, § 1, 4-1-57) Cross reference—Rules of construction and definitions generally, § 1-2. Sec. 38-17. Meters required. (a) All persons who have a permit to operate a taxicab within the city shall equip such taxicab with a fare registering meter, commonly known as and called a taxicab meter, for the purpose of charging a fare to patrons using said taxicab; and such taxicab shall not be operated upon the streets of the *Cross references --Licenses • and miscellaneous business regulations, Ch. 24; motor vehicles and traffic, Ch. 25. Supp. No. 1 2411 § 38-17 DUBUQUE CODE § 38-18 city at any time when such taxicab shall have more than the driver occupying the same without such meter operating. (b) Every taximeter in use shall be placed on the front dashboard and shall be placed in such a positionthat the amount of fare to be charged, shall, at all times be plainly visible to and readily ascertainable by all the occupants of the taxicab. Between the hours of sunset and sunrise, the dial of the taximeter shall be illuminated whenever it is in use. (c) When a taxicab is not in service, the taximeter shall show no fare. When a taxicab is in service and the taximeter rate is used, the flag or indicator on the taximeter shall be lowered, and the taximeter shall be in the calculating position. Upon the completion of the service by a taxicab, the flag or indicator on the taximeter shall be raised, and its dials cleared. (Ord. No. 33-57, § 12, 4-1-57 ; Ord. No. 40-65, § 2, 11-15-65; Ord. No. 11-69, § 1, 3-3-69) Sec. 38-18. Rates—Established. The following are hereby fixed and established as the rates and charges for the transportation of passengers within the city limits : (1) One passenger: First one-fourth (1/4) mile, one dollar ($1.00) ; each additional one-fourth (1/4) mile, twenty cents ($0.20). (2) Two (2) or more passengers (not exceeding five (5) ), same points of origin and destination: (a) Related group. First one-fourth (1/4) mile, one dollar ($1.00) ; each additional one-fourth (1/4) mile, twenty cents ($0.20) ; each extra passenger, twenty-five cents ($0.25). (b) Unrelated groups. Each passenger pays metered rate: First one-quarter (1/4) mile, bne dollar ($1.00) ; each additional mile, twenty cents ($0.20). (3) Two (2) or more passengers (not exceeding five (5;), same point of origin but different destinations: Each Supp. No. 1 2412 § 38-18 VEHICLES FOR HIRE. § 38-20 passenger discharged pays metered rate from origin; minimum charge in all cases will be one dollar ($1.00). (4) Various points of origin and destination: (a) First passenger pays metered rate as follows: First one- quarter (1//) mile, one dollar ($1.00) ; each additional one-quarter (1/4) mile, twenty cents ($0.20). (b) Sub- sequent passengers pay as follows: Drop charge, one dollar ($1.00) ; plus the difference in recorded meter charge (computed at twenty cents ($0.20) per one- quarter (14) mile) from, origin to destination. (5) Rates include ordinary luggage. (6) Waiting charge will be nine dollars ($9.00) per hour as recorded on time meter after passenger is picked up. When service is provided to more than one passenger on a trip, the driver shall request and receive the oral consent of the original passengers before providing service to additional passengers. (Ord. No. 33-57, § 13, 4-1-57 ; Ord. No. 40-65, § 2, 11-15-65; Ord. No. 11-69, § 2, 3-3-69; Ord. No. 43-72, § 1, 7-17-72; Ord. No. 55-73, § 1, 12-3-73; Ord. No. 29-74, § 1, 4-22-74; Ord. No. 20-76, § 1, 5-17-76) (7) Sec. 38-19. Same—Posting required. Every motor vehicle operating as a taxicab shall have ex- posed in a conspicuous place, in clear view within the passen- ger's compartment, a printed table large enough to be read by the passengers in the taxicab, showing the rates estab- lished in section 38-18 of this article ; andit shall be unlawful to operate, or permit to be operated, any taxicab unless such rates are posted as provided in this section. (Ord. No. 33-57, § 14, 4-1-57) Sec. 38-20. Same—Receipt. The driver of any taxicab shall, upon request, furnish any passenger a receipt for the amount charged, either by a Supp. No. 1 2413 § 38-20 DUBUQUE CODE § 38-30 mechanically printed receipt or by a specially prepared re- ceipt, on which shall be shown the name of the taxicab op- erator, the chauffeur's name and license number, the taxi- cab license number, the date and the items for which charges are made. (Ord. No. 33-57, § 16, 4-1-57) Sec. 38-21. Same—Unlawful for passenger to refuse to pay. It shall be unlawful for any person to refuse to pay the legal fare for 'a taxicab after having hired the same. (Ord. No. 33-57, § 17, 4-1-57) Sec. 38-22. Consent of original passenger required before taking on new passengers or riders. (a) In all cases in which taxicab service is being provided to more than one passenger in a given trip, the driver furnish- ing the service shall request and be given the oral consent of the original passenger ; and no additional passenger may be taken unless the consent of the original passenger is given. (b) No chauffeur shall permit any other person to occupy or ride in a taxicab, unless the person, or persons, first em- ploying the taxicab shall consent thereto. (Ord. No. 33-57, § 15, 4-1-57 ; Ord. No. 11-69, § 2, 3-3-69 ; Ord. No. 43-72, § 1, 7-17-72 ; Ord. No. 55-73, § 1, 12-3-73 ; Ord. No. 29-74, § 1, 4-22,-74) Sec. 38-23. Stands. The city manager, with the approval of the city council, may set apart places upon the streets in the city where taxi- cabs may stand and where passengers may be solicited, but nothing herein shall permit such soliciting to be made away from the cab so as to subject pedestrians to annoyance or interference. (Ord. No. 33-57, § 18, 4-1-57) Secs. 38-24-38-30. Reserved. Supp. No. 1 2414 § 38-31 VEHICLES FOR HIRE DIVISION 2. PERMITS AND LICENSES § 38-32 Sec. 38-31. Operator's permit—Required. No person shall operate or permit a taxicab owned or con- trolled by him to be operated as a vehicle for hire upon the streets of the city without first having obtained a taxicab operator's permit from the city. (Ord. No. 33-57, §§ 2, 11, 44-57) Sec. 38-32. Same—Application. An application for a taxicab operator's permit shall be filed with the city manager upon a form provided by him ; and such application shall furnish the following information: Supp. No. 1 2414.1 § 38-35 VEHICLES FOR HIRE § 38-37: permit fee of ten dollars ($10.00) for the right to engage in the taxicab business and a fee of twenty-five dollars ($25.00) each year for each vehicle authorized under the permit. Such fees shall be for one year starting April first and shall be in addition to any . other, license fees or charges established by proper authority and 'applicable to such holder and the vehicle, or vehicles under his operation and .control.. (Ord. No. 33-57, 7, 4-1-57)' .; Sec. 38-36. Same—Findings prerequisite to issuance; issu ance; term. (a) If the council finds upon the public hearing as provided in .section 38-33 .that further taxicab service in the city is re- quired by ,the public convenient a and necessity and that the applicant is fit, willing and able to perform such public trans- portation and to conform to the provisions of this article and the laws of the state, then the city council shall issue a taxi- cab operator's permit stating the name and address of the applicant, the maximum number of vehicles authorized under the permit and the date of issuance; otherwise :the application shall be denied. (b) In . making the above findings the council shall take' into consideration the number of .taxicabs already in operation, whether existing transportation is adequate to meet the public" need,: the probable effect of increased service on localtraffic conditions and the character, experienceand responsibility of the applicant. (c) The permit shall remain valid until revoked by the coun- cil, or surrendered by the applicant, so long as the annual license fees hereinafter provided are paid. (Ord. No. 33-57, § 5, 4-1-57) Sec. 38-37. Same—Transfer restricted. No taxicab operator's permit may be sold, assigned, mort- gaged or otherwise transferred without the consent of the city council. (Ord. No. 33-57, § 8, 4-1-57) 2417 § 38-38 DUBUQUE CODE § 38-40. Sec. 38-38. Same—Increase in permitted number of vehicles. When any holder of a taxicab operator's permit shall desire to increase the number of vehicles authorized under the per- mit he may make application therefor to the city manager, together with the payment of the annual fee provided in this division, and if the city manager shall find that such an in- crease in the number of cabs is in conformity with the re- quirements of section 38-36 he may authorize the increase, subject to confirmation by the city council. (Ord. No. 33-57, § 6, 4-1-57) Sec. 38-39. Same—Tag to be fastened to vehicle. The taxicab license tag or plate issued by the city as evi- dence of an operator's permit shall be fastened upon the vehicle and shall not be removed until the expiration of the. permit. (Ord. No. 33-57, § 9, 4-1-57) Sec. 38-40. Operator's license. (a) Any chauffeur, as defined in this article, shall wear upon• his clothing a current chauffeur's license button or tag, issued to him by the city manager, for which he shall pay the sumof one dollar and fifty cents ($1.50) per year. (b) Permitting a licensed taxicab to be operated by an un- licensed chauffeur, or driving a licensed or unlicensed taxicab without being a licensed chauffeur, shall constitute a viola- tion of this article. (Ord. No. 33-57, § 11, 4-1-57) [The next page is 2469] 2418 § 4-111 APPENDIX A -ZONING § 4-112 construction increases risks to life and property. The applicant will provide writ- ten and notarized acknowledgement of such notification. (Ord. No. 40-78, § 1, 6-28-78) Section 4-112 C-1 Commercial district regulations 4-112.1 General Statement of Intent The C-1 Commercial District is intended to provide for small clusters of commercial establishments pri- marily serving the daily needs of nearby residents. Commercial uses which by virtue of their size or type of service would tend to attract customers from a broader area than the local neighborhood are not per- mitted in this district. To assure proper vehicular access and avoid the pene- tration of residential areas by uses which may adverse- ly affect the residential environment, new C-1 Commer- cial Districts will generally be established only along larger collector streets or arterial streets bordering dis- crete residential neighborhoods. In older areas of the City developed prior to the existence of zoning regula- tions, the C-1 Commercial District may be located with- in discrete residential neighborhoods, particularly in locations where a long history of commercial use and continued commercial viability is present. However, in both older and newer areas of the City, zoning policy will be directed towards gradually encouraging the centralization and functional coalescence of businesses within this district and discouraging the scattering throughout residential neighborhoods of C-1 Districts to accommodate a single use. 4-112.2 Principal Permitted Uses In the C-1 Commercial District, no building, structure or land shall be used and no building or structure shall be built or .altered to be used in whole or in part, un- Supp. No. 3 2548.13 § 4-112 DUBUQUE CODE § 4-112 less otherwise specifically provided by this ordinance, except for the following purposes : 1) Flower, nursery, or garden stores 2) Food stores 3) Barber shops and beauty shops 4) Drug stores, health care supply and similar retail convenience goods stores 5) Hardware stores 6) Parking lots containing spaces for not more than thirty (30) vehicles 7) Laundry or dry cleaning establishments 8) Bakeries not exceeding 3000 square feet in floor area 9) Repair shops for television, radio, or home ap- pliance repair. (Ord. No. 6-76, § 1, 2-23-76) 4-112.3 Accessory Uses and Structures Accessory uses and structures shall be permitted in the C-1 Commercial District only in accordance with the provisions and regulations of Article V of this ordi- nance, entitled "Supplementary District Regulations". 4-112.4 Conditional Uses The following Conditional Uses are permitted in the C-1 Commercial District, but only in accordance with the provisions of Article VI of this ordinance governing the issuance of Conditional Use Permits 1) Taverns or bars 2) Indoor restaurants 3) Gas stations 4-112.5 Schedule of District Regulations Adopted Additional regulations for the C-1 Commercial District shall be as set forth in the C-1 Schedule of District Supp. No. 3 2548.14 § 4-112 APPENDIX A -ZONING § 4-112 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". Stipp. No. 3 2548.15 IA §; 4413 APPENDIX A -ZONING § 4-113 priate larger parcels in order to promote the planned and integrated development of several commercial uses at once and discourage the random and uncoordinated development of small individual facilities. The C-2 District will also be applied to recently -devel- oped local shopping centers which are in substantial conformance with the regulations and purposes of this district. In older, non-nucleated commercial areas of the City, the C-2 District may have some limited applica- tion to groups of commercial uses which are spatially and/or functionally integrated and which possess other characteristics appropriate to the district. 4-113.2 Principal Permitted Uses In the C-2 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) Parking lots 2) Retail sales of clothing, household • furnishings, garden supplies, hardware, housewares, variety goods, drugs or health care supplies, and similar retail convenience goods, but not including depart- ment stores as defined in this ordinance and not to include uses listed as permitted uses in the C-3 Commercial District Regulations [See Section 4-114.2 of this ordinance] . 3) Private schools offering instruction in sports, crafts, or fine arts. 4) Retail food stores. 5) Bars or taverns. 6) Barber shops, beauty shops, and similar personal service establishments. 7) Professional office uses permitted in the OR -1 Office Residence District [See Section 4-109.2 of this ordinance]. 2551 §°4-113- DUBUQUE CODE § 4-113 8) Indoor restaurants. 9) Gas stations. 10) Laundry or dry-cleaning establishments. 11) Repair of appliances, electrical equipment, or other retail comparison goods for which sales are per- mitted under 4-113.2(2) of this Section. 4-113.3 Accessory Uses and Structures Accessory uses and structures shall be permitted in the C-2 Commercial District only in accordance with the provisions and regulations of Article V of this ordi- nance, entitled "Supplementary District Regulations". 4-113.4 Conditional Uses The following Conditional Uses are permitted in the C-2 Commercial District, but only in accordance with the provisions of Article VI of this ordinance governing the issuance of Conditional Use Permits : 1) Drive-in restaurants, car washes or banks, pro- vided that the. Board of Adjustment finds, after receiving the advice and recommendation of the City Planner, that the orderly and efficient flow of traffic on all streets giving access to the pro- posed facility will not be impeded. 4-113.5 Schedule of District Regulations Adopted Additional regulations for the C-2 Commercial District shall be as set forth in the C-2 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". 2552 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.b.3 2 App. A, § 4-118.8 22-78 4-17-78 1 19%/z-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 5-2 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 25-328.1 55-78 9-18-78 1 App. A., §,§ 3-109.3, 4-106.4 62-78 11- 6-78 1 25-257(c) 63-78 11- 6-78 1 25-326 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 Supp. No. 5 2977 DUBUQUE CODE Section Ord. No. Date Section this Code 72-78 12-18-78 1 16-17-16-25 2-79 1- 2-79 1 App. A, §§ 4-117.2- 4-117.5, 4-117.6.2 3-79 1- 2-79 1 35-21-35-23 6-79 1-16-79 1 App. A, § 3-103.9(2) 9-79 1-16-79 1 25-210 10-79 1-16-79 1 25-210 11-79 1-16-79 1 25-210 12-79 1-16-79 1 25-212(b) (1) 13-79 1-16-79 1 16-10 15-79 2- 5-79 1 4-13, 4-14 19-79 3-19-79 1 17-32,17-35-17-37 20-79 4- 2-79 1 20-1-20-16 21-79 4- 2-79 1 25-257(d) 22-79 4- 2-79 1 25-210 Added 2-141-2-144 23-79 4- 2-79 1 Rpld 2-141-2-152 24-79 4- 2-79 1 2-201(5) 26-79 5- 7-79 1 36-56 27-79 5-21.79 1, 2 27-101, 27-102 28-79 5-30-79 1 25-220(e) 29-79 5-30-79 1 25-210 30-79 6- 4-79 1 21-1 2 21-27 3, 4 21-39, 21-40 5 21-56(3) 6 21-57(4)—(7) 7 21-64(4) 8 21-71 9 21-61 10 21-79 11 21-83 12-14 21-80-21-82 15 Rpld 21-86 16 21-87 36-79 6-18-79 1 25-210 37-79 6-18-79 1 25-257(d) 38-79 6-18-79 1 36-182(a) Supp. No. 5 2978 [The next page is 3001] CODE INDEX A ABANDONED WATERCRAFT Section Removal 26-123 ABATTOIRS Slaughterhouses and meat -packing plants 16-48 et seq. Slaughterhouses and meat -packing plants. See that title ACCIDENTS False reports 26-6 Traffic accident provisions 25-43 et seq. Traffic. See that title ADMINISTRATION. See also specific subjects Generally 2-1 et seq. ADULT ENTERTAINMENT ESTABLISHMENTS Zoning regulations, App. A Zoning. See that title ADVERTISING Billposting and handbill distribution Definitions 3-14 Exemptions 3-16 et seq., 3-22 Licenses Exemptions 3-16 Identification badges 3-15 Nonprofit organization exemption 3-17 Required, fees, etc. 3-15 Littering, street distribution 3-20 Manner of distribution, generally 3-20 Nonprofit organizations exempt, etc. 3-17 Patent medicine samples, etc. 3-20 Persons who may distribute bills within their busi- nesses, etc. 3-21 Placing bills, etc., in vehicles 3-19 Posting bills on property without consent 3-18 Bonds Signs. See hereinbelow that subject Display of advertising material on public property Removal, costs 3-1 Licenses Signs. See hereinbelow that subject Notices, defacing 3-2 Permits Signs. See hereinbelow that subject Signs Alterations 3-41 Supp. No. 2 3001 DUBUQUE CODE ADVERTISING—Cont'd. Section Bonds. See hereinbelow: Licenses, Permits and Bonds Conflicting provisions 3-43 Construction 2-50 et seq. Definitions 3-36 Design 3-57 Display signs, construction 3-50 Enforcement 3-38 et seq. Exemptions 3-42 Ground signs, construction 3-54 Installation in violation prohibited 3-40 Licenses, permits and bonds Bond prerequisite to permit 3-65 Licenses Bond 3-69 Fee, when _ due 3-68 Required, exception 3-67 Permits Bond prerequisite to issuance 3-65 Fees 3-66 Required 3-64 Lighting reflectors 3-56 Permits. See hereinabove: Licenses, Permits and Bonds Projecting sings, construction 3-53 Purpose and scope 3-35 Roof signs, construction 3-55 Short title 3-34 Traffic signs, signals or devices Erecting signs interfering with 3-37 Violations Installation in violation prohibited 3-40 Wall bulletins, construction 3-52 Wall signs, construction 3-51 AFFIRMATION. See: Oath, Affirmation, Swear or Sworn AGENCIES OF CITY. See: Departments and Other Agencies of City AGREEMENTS. See: Contracts and Agreements AGRICULTURAL LANDS Tax exemptions 35-2. Taxation. See that title AIR CONDITIONING EQUIPMENT Code adopted, etc. 19-1 Heating, air conditioning and ventilating. See that title Supp. No. 2 302 CODE INDEX BLASTING AGENTS. See: Explosives and Blasting Section Agents BLOCKS Subdivision blocks 34-81 et seq. BLUFFS Loosening stones from bluffs in parks 27-58 BOARD OF HEALTH City clerk as clerk of 2-121 BOARD OF TRUSTEES Transit authority 36-72 et seq. Transit authority. See that title BOARDS AND COMMISSIONS Agencies of city in general. See: Departments and Other Agencies of City BOATS Municipal waterfront and docks 26-110 et seq. Municipal waterfront and docks. See that title BOB SLEDS Coasting areas 33-11 et seq. BOMB ATTACK Emergency location for city government 2-5 Emergency succession in office 2-199 et seq. Emergency succession. See that title BONDS Approval 2-4 City solicitor to sign 2-150' Officers bonds enumerated 2-69 Officers and employees. See that title Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code BORDELLOS Prostitution, etc. 26-8 BOTTLING ESTABLISHMENTS Milk bottles, weight and measure requirements 24-104 BOULEVARDS Street defined to include 1-2' Streets in general. See: Streets and Sidewalks 3013 DUBUQUE CODE BOUNDARIES Section Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code BOWIE KNIFE Concealed weapons 27-12 Firearms and weapons. See that title BOWLING ALLEYS Definitions 6-43 Licenses Exemptions 6-46 Fees 6-45 Required 6-44 BOWS AND ARROWS, SLINGSHOTS, ETC. Use of 26-7 Firearms and weapons. See that title BOXES, OPENING Prohibited noise, noise regulations, etc. ____ 26-139 et seq. Noises. See that title BRASS KNUCKLES Concealed weapons 27-12 'Firearms and weapons. See that title BREAD Weighing - 24-106 BROTHELS Prostitution, etc. 26-8 BRUSH. See: Weeds and Brush BUDGET Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code BUILDING INSPECTOR Emergency succession in office 2-199 et seq. Emergency succession. See that title BUILDINGS Board of appeals Amendment 10-2(204) Building official Code amendments 10-2;(20'1) (b), (c) Conflict of interests 10-2(201) (e) 3014 CODE INDEX BUILDINGS—Cont'd. Cooperation of other officials Deputies ___w Liability Powers and duties Records and reports Right of entry Stop orders Code Adopted Amendments Plumbing code adopted Plumbing code. See: Plumbing Condemned buildings Housing authority right to demolish Construction or repairs on buildings Prohibited noise, noise regulations, etc. Noises. See that title Construction permits on municipal docks, etc. See: Municipal Waterfront and Docks Dangerous buildings Repair, demolition and removal of unsafe buildings. See hereinbelow that subject Demolition Condemned buildings, housing authority Permits Repair, demolition and removal of unsafe buildings. See hereinbelow that subject Department Creation, amendments Earthquake regulations Electrical code Electricity. See that title Elevators, dumbwaiters, escalators, etc. Amendments 10-2 (App., Chap. 51 of Excavating and grading, amendments 10-2 (App., Chap. code) Exits and high rise buildings Fire alarm systems High rise buildings Fire extinguishing system High rise buildings Fire prevention Fire prevention. See that title Fire zones Flood areas Flood areas. See that title, 3015 Section 10-2(202)(h) 10-2'(202) (b) 10-2(202) (g) 10-2;(202) 10-2(202) (c) 10-2(202) (d) 10-2(202) (e) 10-1 10-2 30-1 et seq. 20-26 2.6-186 et seq. 20-26 10-5 10-2(201) 10-2(2'314) 13-1 et seq. building code) 70 of building 10-2'(18017) (j) 1'0-2(1807) (c) 10-2 (1807 ) 14-1 et seq. 10-3 15-116 et seq. DUBUQUE' CODE BUILDINGS—Cont'd. Section Heating, air conditioning and ventilating 19-1 et seq. Heating, air conditioning and ventilating. See that title High rise buildings Amendments 10-2 (1807') Housing 20-1 et seq. Housing. See that title Inspections Building inspections, fees, schedule 10-2(302) (d) Generally 10-2(304) Reinspections Fees 10-2(303)(d) Generally 10-2(302)(f) Light, ventilation and sanitation Amendments 10-2'(1805) et seq. Livestock keeping restrictions 7-2 Animals and fowl. See that title Municipal waterfront and dock construction. See: Mu- nicipal Waterfront and Docks Occupancy violations Code amendments 10-2(202),(f) Ordinances repealed 10-2(6003) Permits Applications, amendments ___. 10-2(301) Demolition permits Waiting period for 10-5 Expiration 10-2(802)(d) Fees 10-2'(303) Issuance Amendments 10-2(802)(a) During rezoning consideration 10-4 Required 10-2(301)(a) Subdivision restrictions 34.18 Suspension or revocation 10-2(802)(e) Swimming pools 10-33 et seq. Validity .. 10-2 (302) (c) Planning and zoning commission powers 29-20 Planning and zoning commission. See that title Plans and specifications, information in 10-2(301) (c), (d) Retention of plans 10-2(302) (b) Plumbing code adopted 30-1 et seq. Plumbing. See that title Private disposal systems 36-43 et seq. Water and sewers. See that title Rat control 24-78 et seq. Rat control. See that title 3016 CODE INDEX BUILDINGS—C'ont'd. Section Repair, demolition and removal of unsafe buildings Code amendment relative to unsafe buildings 10-2(203) Council authority to direct manager to remove and assess costs against premises 10-20 Manager's report upon owner's failure to comply with notice 10-18 Manager's right of entry 10-21 Notice of hearing on manager's report 10-19 Notice to owner to repair or remove 10-17 Substandard buildings 20-10 et seq. Housing. See that title Rezoning consideration Permit issued during prohibited 10-4 Roofloads .................................... 10-2(2305) Roof signs 3-55 Signs. See: Advertising Sign regulations ................. 3-50 et seq. Advertising. See that title Standby power and light High rise buildings 10-2(1807) (i) Subdivision restrictions 34-18 Substandard buildings, dwelling units and lots 20-10 et seq. Housing. See that title Swimming pools 10-33 et seq. Swimming pools. See that title Unsafe buildings Repair, demolition and removal of unsafe buildings See hereinabove that subject Unsafe facilities 20-2.02 Housing. See that title Violations and penalties Code amendments 10-2(205) Water closet compartments and showers Amendments 10-2(1711) Toilet facilities 10-2(1711) Zoning Permit issuance during rezoning consideration 10-4 BURNING Garbage and trash 17-1 BUSES Smoking in 14-9 Transit authority 36-72 et seq. Transit authority. See that title BUSINESS ESTABLISHMENT'S Occupational license requirements in general 21-1 et seq. Licenses and permits. See that title Supp. No. 5 3017 DUBUQUE CODE • CABLE TELEVISION Section Dubuque cable TV. commission Access to media, control over 36-184 Annual reporte 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) 36-182 ( c) 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 ad 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, regulations 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. No. 5 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. 5 3018.1 CODE INDEX CIGARETTES AND TOBACCO Section Smoking .regulations 14-9 CIRCUSES, CARNIVALS AND MENAGERIES Manner of conducting 6-61 Parades Permits 6.63 Fees prerequisite to issuance 6-59 Further conditions to issuance 6-,60 Required 6-58 Residential neighborhoods, excluded from 6-62 CITY Defined CITY. ASSESSOR Appointment Taxation. See that title CITY ATTORNEY Defined 1-2 35-16 1-2 CITY CLERK Appointment 2-114 Clerk of board of health 2-121 Clerk of council, as 2-119 Council meetings, etc, in general. See: City Council Council meetings, duties 2-50 Custodian of records 2-118 Custody of city seal 2-7, 2-120 City seal. See that title Defined 1-2' Deputy 2-122 Emergency succession in office 2-199' et seq. Emergency succession. See that title Notices, service of 2-119 Powers and general duties 2-115 Publication of records, duty ______ 2-117 CITY COUNCIL Annual appropriation ordinance 2-24 Appointment of councilpersons to city offices 2-110 City agencies. See: Departments and Other Agencies of City City employees. See: Officers and Employees City solicitor to attend meetings 2-143 Compensation 2-21 Composition 2-20 3019 DUBUQUE CODE CITY COUNCIL—Cont'd. Section Emergency succession 2-199 et seq. Emergency succession. See that title Form of government designated 2-1 General special assessment fund 2-6 Finances in general. See: Finances Mayor 2-81 et seq. Mayor. See that title Meetings and rules of procedure Appointments, voting on 2-49 Attendance, compelling 2-52 Calling meeting to order 2-35 Chairman, selection 2-35' City solicitor to attend 2-143 Clerk Duty to attend meetings 2-50 Committees Clerk to direct papers to appropriate committees 2-50 Date and time of 2-22, 2-32 Debates, limitations on participation 2-33 Disorderly conduct Punishment 2-52 Indulging in personalities 2-53 Interrupting speakers 2-40 Journal, keeping 2-52 Manager, duties 2-51 Mayor to preside 2-33 Members leaving without consent of presiding officer 2-38 Minutes, reading 2-35 Motions Effect of motions for the previous question, etc. 2-46 Motion to adjourn 2-45 Motion to lay on table, commit or postpone on main question, etc. 2-46 Precedence of motions on subject in question . 2-44 Order of business 2-36 Preservation of order and decorum 2-37 Presiding officer Members not to leave sittings of council without leave of 2-38 Questions Division of multiple issue questions 2-42 Effect of motions for the previous question 2-46 Members required to vote on, exceptions 2-41 Method of calling the previous question 2-47 Method of voting on; regarding sums and length of time 2-43 3020 CODE INDEX CLUBS Section Concealed weapons 27-12 Firearms and weapons. See that title Person defined re --------------------------------- - — - - - 1-2 COAL, COKE, ETC. Weighing 24-107 COASTAL AREAS Designated, etc. 33-11 et seq. CODE OF ORDINANCES* Altering or tampering with 1-6 Amendments to code _________ _______ 1-7 Annual appropriations ordinance 2-24 Catchlines, titles, headings and notes Effect 1-3 Numbering system of code explained. See the pref- ace to this volume City solicitor, duties 2-147 Definitions 1-2 Designated and "cited, how 1-1 New ordinances, effect 1-6 Preparation of ordinances 2-147 Repeals Effect - 1-5 Rules of construction 1-2 Severability of parts of code 1-4 Violations General penalty ----- - — ------ ----- COIN-OPERATED MACHINES AND DEVICES Gambling devices 26-70, 26-72 Gambling. See that title COMMERCIAL PRACTICES Computerized checkout systems 24-91 Computerized checkout systems. See that title Weights and measures 24-98 et seq. Weights and measures. See that title COMMITTEES, BOARDS, ETC. Agencies of city in general. See: Departments and Other Agencies of City *Note—The adoption, amendment, repeal, omissions, effective date, explanation of numbering system and other matters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volume. Supp. No. 2 3025 DUBUQUE CODE COMPENSATION Section Officers salaries 2-68 Officers and employees. See that title COMPREHENSIVE PLAN Planning and zoning commission powers _ 29-20 Planning and zoning commission. See that title COMPREHENSIVE STUDIES Planning and zoning commission powers 29-20 Planning and zoning commission. See that title COMPUTERIZED CHECKOUT SYSTEMS Affixing of consumer information to merchandise by merchants using Consumer information required __ 24-91(B) Definitions 24-91(A) Director's powers of enforcement 24-91(C) Violations, penalties _ 24-91(D) CONCESSIONS Airport concessionaires permit 4-7 Airports and aircraft. See that title CONDEMNATION ORDERS, PROCEEDINGS, ETC. Housing 20-24 Housing. See that title Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code CONDEMNED BUILDINGS Demolition, housing authority 20-26 CONTRACTS AND AGREEMENTS Execution of contracts, etc. 2-8 Noise ordinance compliance by city contractors and sub -contractors 26-147 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Powers and duties of manager 2-106 et seq. CONVALESCENT HOMES City -operated ambulance rates 18-52 CORPORATE SEAL. See: City Seal CORPORATION Person defined re 1-2 Supp. No. 2 3026 CODE INDEX CORPORATION COUNSEL Section Legal department 2-141 et seq. Legal department. See that title CORRALS Livestock keeping restrictions 7-2 Animals and fowl. See that title COUNCIL. See: City Council 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 2-145 Prohibited noise, noise regulations, etc. 26-129 et seq. Noises. See that title COWS, CATT'LE, ETC. Animals at large, etc. 7-2 Animals in general. See: Animals and Fowl CREDIT Unfair and discriminatory practices Unfair and discriminatory practices. See also that title 21-67 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 D DAIRIES Milk and milk products 16-28 et seq. Milk and milk products. See that title DAMAGED GOODS SALES Going -out -of -business sales regulations 24-60 et seq. Going -out -of -business sales. See that title Supp. No. 5 3027 DUBUQUE CODE DANCING Section 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 DEFACEMENT Damaging, defacing ,property , , , 26-15 DEFENSE. See: Civil Defense DEFINITIONS! General definitions for interpreting code 1-2 DEILEGATION OF AUTHORITY Construed for _.interpreting .code .................... 1-2 DEMOLITION Historic districts Demolition of structures in 191/2-7 Historical preservation. See also that title Housing; repair or demolition 20-14 et seq. Substandard buildings, etc. See: Housing 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 Airports and aircraft. See that title Cable television commission Cable television. See that title Civiccenter commission. See that, title, Civil service commission ..... .. ., . _. .... Civil service commission. See that title Clerk to direct papers to appropriate committees, etc. Council meetings and procedures. See: City Council Department of public docks Municipal waterfront and docks.' See that title Division of plumbing inspections Plumbing. See that title Dock :board ...., . . •.. Municipal waterfront and .docks. See that; title Supp. No. 5 4-74 et seq. 36-181 et seq. 2-178 et seq. 2-50 ,26-131 30=24 3028 CODE INDEX DEPARTMENTS AND OTHER AGENCIES OF CITY Cont'd. Section 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 Health and sanitation Board of health 18-1 Health and sanitation. See that title Historic preservation commission 191 -3 et seq. Historical preservation. See that title Human rights commission 21-16 et seq. Human rights commission. See that title Legal department 2-141 et seq. Legal department. See that title Library board of trustees 23-1 et seq. Library. See that title Officials, boards, commissions, etc., construed 1-2 Playground and recreation commission 27-16 et seq. Parks and recreation. See that title Plumbing board 30-36 et seq. Plumbing. See that title Police department in general 31-1 et seq. Police department. Seethat title Reference to officials, etc., by title in code construe d 1-2 Transit authority 36-72 et seq. Transit authority. See that title DEVELOPMENT Planning and development Planning and development. See that title Planning and zoning commission Planning and zoning commission: See that title 29-1 et seq. 29-16 et seq. DILAPIDATED BUILDINGS Demolition permits 10-5 Buildings. See that title DIRECTOR OF PUBLIC WORKS Office created, responsibilities, etc. 2-169 etseq. Public works and improvements. See that title DISASTERS; Civil defense, providing for =...:. 11-1 et seq. Civil defense. See that :title Supp. No. 5 3029 DUBUQUE CODE DISASTERS—Cont'd. Section Emergency location for city government 2-5 Emergency succession in office 2-199 et seq. Emergency succession. See that title DISCRIMINATION' Human relations provisions DISEASE CONTROL Rabies control regulations 21-1 et seq. 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 DISTURBING THE PEACE Disturbing assemblages 26-3 Interference with policemen, firemen ..... • . • • • • • 26-5 Ringing of bells, gongs, etc. 26-4 Fighting 26-2 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 Supp. No. 5 3030 CODE INDEX DRAINAGE Section Automatic clothes washing machine 30-7 .. Plumbing. See that title Housing standards 20-1 et seq. Grading and drainage. See: Housing 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 DUBUQUE, CITY OF. See: City DUBUQUE COUNTY. See: County DUBUQE 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 37-33 et seq. Trees and shrubbery. See that title DWELLINGS Housing standards 20-1 et seq. Housing. See that title DYNAMITE Storage 2640 Explosives and blasting agents. See that title Supp. No. 5 3031 DUBUQUE CODE E EARTHQUAKES Section 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 EDUCATION Unfair and discriminatory practices ....... 21-71 Unfair and discriminatory practices. See that title ELECTIONS City manager, restrictions regarding 2-108 et seq. Mayor ......,..... .• .• 2-81 Precincts Definitions and rules of construction 16-16 Division of city into 12-19'. Errors, correction of 12-18 Precincts described12-20 et seq. 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-ownedb electrical cnductors cu Cu traversing 13-19 Code. See within this title: Electrical Code Curb cuts traversing city -owned electrical conductors 13-19 ilama.rrP.tn wires ..................,..............,13-19 Defective equipment or installations Shutting off electricity to Electrical appeal board 13-71 --rte--- 13-42 Composition 13-42 Supp. No. 5 3032 CODE INDEX ELECTRICITY—Cont'd. Section 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 equipment on installations Shutting off electricity to .. , < . .• 13-71 Duty to enforce provisions 13-66 Emergency succession in office ,• . 2-199 et seq. Emergency succession. See that title Engaging in electrical business 13-33 Office created 13-29 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 Supp. No. 5 3032.1 DUBUQUE CODE ELECTRICITY—Cont'd. Section 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 Homeowner performing own work Exceptions from permit requirements 13-55 Housing standards 20-1 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. 5 3032.2 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 FALK PLAYGROUND Municipal athletic fields and playgrounds 27-100 et seq. Parks and recreation. See that title 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 26-2 FILLING STATIONS, See: Gasoline Service Stations, Etc. FINANCE S Bonds, approval 2-4 City treasurer 2-159 et seq. City treasurer. See that title Supp. No. 5 3035 DUBUQUE CODE FINANCES—Cont'd. Section Deposits of municipal funds by employees 2-73 Fiscal year designated 2-3 General special assessment fund ...•..2-6 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 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 Supp. No. 5 3036 CODE INDEX FIRE P'REVEN'TION—Cont'd. Section Modifications: ...................... ,............ 14-3 Violations, penalties 14-13 Conflicting provisions 14-12 Emergency situations 14-7 Fire alarm system Damaging, interfering with 14-10 Fire hydrants caps,. removing 14-11 Gasoline service stations and tank trucks 14-46 et seq. Gasoline service stations and tank trucks. See also that title Housing 20-1 et seq.. Housing. See that title Newmaterials °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 FIRESPRINKLER SERVICE Waterusage. 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 missile -throwing devices 26-7 FIRES, CONFLAGRATIONS, ETC. Emergency location for city. government 2-5 Falsereports ............,.........................,..,........ 26-6 . Setting fires on pavement 33-10 Streets and sidewalks. See that title Starting in parks 27-57 Supp. No. 5 3037 DUBUQUE CODE FIREWORKS Dischargingin parks .........................,... Parks and recreation. See that title Section 27-50 FIRMS Person defined re 1-2 FISCAL YEAR. Designated 2-3 FLOOD AREAS Designation 15-16 Entry Permits 15-18 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...,..................••••• •••••.•••••.... 24-105 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:. Supp. No. 5 3038 CODE INDEX FOOD AND FOOD SERVICES—Cont'd. Section Identification tags for individual machines 16-23 Nontransferable 16-21 Required 16-18(a) 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 Violations; penalties 16-10 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 27-73 FORFEITURES Fines, forfeitures and penalties. See that title Supp. No. 5 3038.1 CODE INDEX HANDBILLS Section Distributing 3-14 et seq. Advertising. See that title Park restrictions 27-48 Parks and recreation. See that title HANDICAPPED PERSONS Parking spaces for 25-344 et seq. Traffic. See that title HAWKING Peddlers' regulations 28-1 et seq. Peddlers, canvassers and solicitors. See that title HEALTH AND SANITATION Ambulances 18-16 et seq. Ambulances. See that title Board of health Clerk designated 2-121 Established 18-1 Dance hall premises, cleanliness 6-99 Public dances and dance halls. See that title Expectorating, spitting on sidewalks 33-3 Food and food handlers 16-1 et seq. Food and food services. See that title Garbage and trash 17-1 et seq. Garbage and trash. See that title Housing standards 20-1 et seq. Housing. See that title Livestock kept in city 7-2 Animals in general. See: Animals and Fowl Meat -packing plants 16-48 et seq. Slaughterhouses and meat -packing plants. See that title Milk and milk products 16-28 et seq. Milk and milk products. See that title Rabies control regulations 7-45 et seq. Roller; skating rinks, sanitation requirements 6-150 Slaughterhouses 16-48 et seq. Slaughterhouses and meat -packing plants. See that title HEATING, AIR CONDITIONING AND VENTILATING Code Adopted 19-1 Amendments 19-2 Housing standards 20-82 et seq. Housing. See that title Supp. No. 2 3043 DUBUQUECODE HEREDITAMENTS Definitions for interpreting code HIGHWAYS Street defined to include Streets in general. See: Streets and. Sidewalks HISTORICAL PRESERVATION Commission. See within this title: Historic Preserva- tion Commission Definitions Demolition Structures in historic districts Historic districts Alteration of structures in Demolition of structures in Identification and designation of Historic preservation commission Appeals from decisions of commission Appointment of members Chairman, vice-chairman Compensation of members Composition Meetings Officers, election of Powers and duties generally Quorum Record of its proceedings, actions, etc. Residency requirements Review of plans Rules or bylaws for transaction of business Secretary Terms of office of members Vacancies, filling Purpose and intent of provisions Review of plans Procedure for Violations Penalties; injunctive remedy authorized Section 1-2 1-2 191/2-2 19% -7 191/2-8 191/2-7 191/2-6 191/2-10 191/2-3 (b) 19%-4(a) 191/2-3(g) 191/2-3(a) 191/2-4(d) 191/2-4(a) 191/2-5 191/2 -3 (h) 191/2-4(d) 191/2-3(a) 191/2-9 191/2-4(c) 191/2-4(b) 191/z -3(c), (e) 191/2-3(d), (f) 191/2 -1 191/2-9 19%-11 HOGS Animals at large, etc. 7-2 Animals in general. See: Animals and Fowl HOLIDAYS Computing time for interpreting code 1-2 HOME FOR THE AGED City -operated ambulance rates 18-52 Supp. No. 2 3044 CODE INDEX HOUSING-Cont'd. Section Compliance required 20-8.0 Sleeping rooms 20-8.02 Lighting of 20-5.04(d) Hand rails and guardrails 20-6.01(d) (1) Health and sanitation Sanitation facilities and requirements 20-5.05 Storing or keeping articles dangerous to life or health; restrictions on combustible articles 20-5.05(j) (7) Toxic substances posing health hazards; use of lead- based paint prohibited 20-5.05(j)(1) Heating, lighting, air conditioning, ventilation and re- frigeration. See also: Heating, Air Conditioning and Ventilating Applicable provisions 20-7.02(b) Hallways, lighting 20-5.04(d) Mechanical ventilation 20-5.04(c) Multiple -dwelling walls, color of 20-5.04(e) Natural and mechanical ventilation; ventilation for fuel -burning appliances 20-7.01(c) Natural light and ventilation generally 20-5.04(a) Origin of light and ventilation 20-5.04(b) Temperature requirements; unvented heaters; ap- proved devices for appliances 20-7.01 Ventilation for fuel -burning appliances 20-7.01(c) Housing code advisory and appeals board Advice and recommendations to council 20-2.03 (d) Conduct of business 20-2.03(b) Decisions appealable to council 20-2.03(c) Established; membership; terms of office 20-2.03(a) Housing division. See within this title: Building De- partment Insect control. See within this title: Rodent, Insect and Vermin Control Inspections Additional inspections All licensed dwellings subject to 20-3.03((d) Unlicensed dwellings ad dwelling units subject to 20-3.03(c) Generally 20-3.03(a) Multiple -dwelling inspections Fees 20-3.04(c) Presale and/or mortgage, etc., inspection Fees 20-3.04(d) When dwellings are subject to 20-3.03(b) Kitchens Dwelling classifications, kitchen requirements for 20-5.05(c) Walls and floors of 20-5.05(e) Supp. No. 5 3047 DUBUQUE CODE HOUSING—Cont'd. Section Lavatories. See within this title: Water Closets, Lava- tories, Etc. Legislative findings 20-1.02. Liability of owner or occupant for compliance 20-2.01(j) Licenses Multple-dwelling operating license Fees 20-3.04(b) Required for exterior doors on rental dwellings .... 20-3.02 Lighting. See within this title: Heating, Lighting,. Etc. Locks Required for exterior doors on rental dwellings ...: 20-6.01(d) (3) Mechanical requirements Applicable provisions 20-7.02 Compliance required ............ ........... , ... 20-7.0 Equipmnet types; installation 20-7.01 Nuisances Civil liability for nuisance conditions 20-2.04(c) Unsafe facilities. See within this title that sub- ject One- and two -dwelling -unit dwelling exempt from fees; exception 20-3.03(e ) Paint Lead-based paint, use of prohibited .. . 20-5.05(j)(1) Permits Required ................. 20-3.01. Plumbing Applicable provisions 20-7.02 (c) Hot and cold running water required; plumbing fix- tures, approved types of 20-5.05(d) Purposes 20-1.03 Rental housing Eviction of tenant by owner ' 20-2.04(1) Locks required on exterior doors 20-6.01(d) (3) Rent uncollectible if premises is in violation 20-2.04(b) Right of entry 20-2.01(c) Rodent, insect and vermin control Ratproofing; extermination of insects and/or rats; screening and rat harborage 20-5.05(i) Room dimensions Ceiling heights . 20-5.03(a) Floor area 20-5.03(b) Maximum density, minimum space and location;. room arrangement 20-5.03(d) Width 20-5.03(c) Sanitation facilities and requirements 20-5.05 Scope 20-1.04 Supp. No. 5 3048 1 CODE INDEX HOUSING—Cont'd. Section Water closets, lavatories, bathtubs and showers Communal or public facilities 20-5.05(b) Generally 20-5.05 (a) Installation and maintenance 20-5.05(g) Plumbing fixtures 20-5.05(d) Room separation 20-5.05(f) Walls and floors of bathrooms 20-5.05(e) Yards and courts Projections into yards 20-5.02(d) Scope 20-5.02(a) Yard specifications 20-5.02(b) HUMAN RELATIONS Enforcement of civil rights Cease and desist order 21-82 Complaints Alternative judicial proceedings 21-83 Amendment of complaints 21-78 Execution 21-77 Filing 21-79 Time limitation for 21-79 Notice; investigations 21-81 Persons who may make 21-77 Staff proceedings on complaints 21-80 Failure to reach settlement by conciliation Proceedings upon 21-81 Findings by commission; available remedies; etc. 21-82 Judicial review; enforcement actions 21-87 Procedural rules 21-85 Remedies Available remedies 21-82 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 21-82 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 of civil rights 21-77 et seq. Human relations. See that title Supp. No. 5 3051 DUBUQUE CODE HUMAN RIGHTS COMMISSION—Cont'd. Section Failure to reach settlement by conciliation Proceedings upon 21-81 Finding by commission on complaint, etc. ..... 21-82: Judicial review, enforcement actions 21-87 Meetings 21-23 Quorum 21-24 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 Release from administrative process 21-83 Remedies available 21-82 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 21-18 HUNTING Bows and arrows, with 26-7 ILL FAME, HOUSE OF Prostitution or lewdness 26-8 17-2 INCINERATORS Sale, installation restricted INDECENCY AND OBSCENITY Indecent exposure 26-11 Lewd places 26-8 27-"76 Prostitution. See that title Public parks, indecent exposure in INDUSTRIAL REVENUE BONDS Financing fees .. 29-2 Investigation.................... , ... • .. • ..... 29-1 Planning and development. See that. title INOCULATION Rabies control regulations 7-45 et seq. INSECT AND RODENT CONTROL Housing....... , .,,, ,,, .... 20-1. seq. se. Housing. See that title Supp. No. 5 3052 CODE INDEX LICENSES AND PERMITS—Cont'd. Section Weights and measures 24-98 et seq. Weights and measures. See that title LIGHT Housing standards 20-82 et seq. Housing standards. See that title LIGHTING REFLECTORS Erection 3-56 LIQUIDATION SALES Going -out -of -business sales regulations 24-60 et seq. Going -out -of -business sales. See that title LIQUOR Alcoholic beverage regulations 5-1 et seq. Alcoholic beverges. See that title LITTERING Handbill distribution prohibitions 3-20 Unlawful deposits in parks 27-45 LIVESTOC'K Maintaining in city 7-2 Animals in general. See.: Animals and Fowl LOADING AND UNLOADING Prohibited noise, noise regulations, etc. 26-139 et seq. Noises. See that title LODGINGHOUSES Miscellaneous business regulations 24-3(2) Smoking in 14-9 LOTS Livestock keeping restrictions 7-2 Animals and fowl. See that title Subdivision lots 34-90 et seq. LOUDSPEAKERS Noise control traffic provisions 25-59 et seq. Traffic. See that title Prohibited noise, noise regulations, etc. 26-139 et seq. Noises. See that title LUNCH WAGONS Miscellaneous business regulations 24-3(3) M MALLS Street defined to include 1-2, Streets in general. See: Streets and Sidewalks 3055 DUBUQUE CODE MARKET Section Central market 25-25 et seq. Central market See that title MASS TRANSIT Transit authority 36-72 et seq. Transit authority. See that title MAY, SHALL Definitions 1-2 MAYOR Chief executive officer 2-83 Presiding officer of council, etc., in general. See: City Council Election and term of office 2-81 Emergency powers 2-84 Emergency proclamations, obedience to 11-1 Civil defense. See that title Mayor pro tem 2-85 Powers and general duties 2-82 MEAT -PACKING. See: Slaughterhouses and Meat - Packing Plants MEDICINES. See: Drugs and Medicines MENAGERIES. See: Circuses, Carnivals and Menager- ies MILK AND MILK PRODUCTS Code Adopted 16-28 Grade of products, etc. 16-29 Milk plants Permit fees 16-36 MILK BOTTLES Weights and measures required 24-104 MILK PEDDLERS Fee adjustment 28-26 Peddlers, canvassers and solicitors. See that title MIND READERS Fortunetellers' license requirements _ 24-46 et seq. MINIMUM HOUSING STANDARDS Providing for 20-1 et seq. Housing. See that title 3056 CODE INDEX MINORS Section Alcoholic beverage offenses 5-7 Junk dealers, pawnbrokers, etc., dealing with 22-3 Model glue restrictions ____ 26-87 Model glue. See that title Roller skating rink regulations 6-146 Roller skating rinks. See that title MISDEMEANORS Defined 1-2 MISSILE ATTACK Emergency succession in office : 2-199 et seq. Emergency succession. See that title MISSILES Throwing stones, sticks, etc. 26-7 MISSISSIPPI RIVER Flood areas 15-16 et seq. Flood areas. See that title Municipal waterfront and docks 26-110 et seq. Municipal waterfront and docks. See that title MOBS Assembling for purpose of rioting 26-30 Assemblies. See that title MODEL GLUE Definitions ____ 26-84 Exemptions 26-88 Inhalation of fumes, prohibited 2.6-85 Minors, transactions with 26-87 Transfer or possession for unlawful purposes 26-86 MONTH, YEAR Defined 1-2 MOORING PERMITS Requirements 26-113 Municipal waterfront and docks. See that title MOTELS AND HOTELS Accommodations or services Prohibited practices 21-48 Unfair or discriminatory practices. See that title Hotel and motel tax. See: Taxation Housing standards Housing. See that title Miscellaneous business licenses 24-3(2) Supp. No. 4 20-141 et seq. 3057 DUBUQUE CODE MOTION PICTURE THEATERS Section Theaters and halls 6-128 et seq. Theaters and halls. See that title MOTOR VEHICLES AND OTHER VEHICLES Ambulances 18-16 et seq. Ambulances. See that title Coasting areas for sleighing, sleigh riding, etc. 33-11 et seq. Gasoline tank trucks 14-66 et seq, Service stations and tank trucks. See that title Handbills, etc., placed in 3-19 Prohibited noise, noise regulations, etc. 26-139 et seq. Noises. See that title Traffic regulations 25-1 et seq. Traffic. See that title Vehicles hauling refuse, requirements 17-29 Garbage and trash. See that title Washing vehicles in parks 2'7-59 MOTORCYCLES Use in parks 27-55 MUNICIPAL AIRPORT. See: Airports and Aircraft MUNICIPAL ATHLETIC FIELD Petrakis Park field regulations 27-87 Parks and recreation. See that title MUNICIPAL CIVIL DEFENSE AGENCY Created, etc. 11-16 et seq. Civil defense. See that title MUNICIPAL FUNDS. See: Finances MUNICIPAL PARKING GARAGES Regulated 25-286 et seq. Traffic. See that title MUNICIPAL PARKING LOTS Regulation 25-304 et seq Traffic. See that title MUNICIPAL SEAL. See: City Seal MUNICIPAL WATERFRONT AND DOCKS Agreements for waterfront usage, time limit 26-114 Boat landing areas 26-111 Boathouse, defined 26-110 City owned waterfront Permission required for use by commercial operators 26-118 Supp. No. 4 3058 CODE INDEX MUNICIPAL WATERFRONT AND DOCKS—Cont'd. Section Commercial excursion operators Use of city -owned waterfront, permission 216-118 Construction permits 26-112 Definitions 26-110 Department of public docks Created 26431 Dock board 26-1321 Dock board 26-132 Floats, boathouses Duty to maintain in orderly condition 26-121 Launching restrictions 26-116 Mooring of boathouses restricted 26-115 Mooring permits 216-113 No parking areas 26-124 Pleasure craft spaces Conducting trade or business in 26-122 Pollution of waterways 26-120 Removal of boats without permits 26-113 Repairs to boats in public launching ramps 26-117 Sunken, derelict or abandoned craft Removal 26-123 Unlawful deposits in waterways 26-120 Watercraft operation rules 26-119 N NARCOTIC DRUGS. See: Drugs and Medicines NATIONAL ELECTRICAL CODE Adopted 13-3 Electricity. See that title NATURAL DISASTERS Civil defense, providing for 11-1 et seq. Civil defense. See that title NATURAL GAS Gas main connections 36-1 et seq. Gas mains. See that title NATURE CENTER E. B. Lyon Forest Preserve and Nature Center 27-73 NEGRO RACE RELATIONS Human relations provisions 211-1 et seq. NOISES Airplanes creating 26-143(e) Animals and fowl creating 26-140(3) Animals and fowl. See that title 3059 DUBUQUE CODE NOISES—Cont'd. Section Bells, chimes, etc. 26-1413(g) Building and occupancy permits Issuance restricted, etc. 26-148 Building construction and repairing noise 26-140(6) City contracts and purchases, compliance of contrac- tors, etc. 26-147 Crying of wares 2.6-140'(2) Definitions 26-139' Disorderly conduct 2'6-143(f) Disorderly conduct. See that title Disturbing assemblies 216-3 Emergency operations 26-143(a) Enforcement of provisions 26-149 Engine brakes 26-140(13) Excessive noise Criteria for determination of 26-141 Residential air conditioners 26-144 Exhaust discharges 26-140(10) Garbage collectors creating 26-140(8) Horns, signaling devices, etc. 2,6-140(1) Jacob brake, use 26-140(113) Lawnmowers, garden tools, etc. ____ 26-143(c) Loading, unloading, opening boxes 26-140'(4) Loud, unnecessary or unusual noises 26-140(12) Method of measurement 26-142 Miscellaneous operations 26.-,143 Noise required by law 26-143(b) Noisy equipment Sales, distribution, lease or rental 26-14.6, Pile drivers, hammers, etc. 26-140(7) Prohibited noises enumerated 216-140 Residential air conditioners 216-143(d), 26-144 Ringing of bells, gongs, etc. 26-4 Roller skating rinks 6-152 Schools, courts, churches, hospitals, etc. Creation of noise near 26-140'(5) Stationary machinery, equipment and fans 26-140(14) Traffic noises 26-145 Traffic regulations 25-59 et seq. Traffic. See that title Unlawful use of buildings 26-140(11) Variance permits Applications 26-159 Authorized 26.156 Indefinite permits 26-160 et seq. 3060 CODE INDEX NOISES--Cont'd. Section Special community events 26-158 Temporary permits 26-157 et seq. Vehicle repairs 26-140 (9) NOTICES Defacing 3-2 Service 2-119 NUCLEAR HOLOCAUST Civil defense, providing for 11-1 et seq. Civil defense. See that title Emergency location for city government 2-5 NUDE PERSONS Indecent exposure 26-1.1 NUISANCES Dutch elm disease 37-33 et seq. Trees and shrubbery. See that title Weed removal Weeds and brush. See that title NUMBER 37-49 et seq. Word usage for interpreting code 1-2 NURSING HOMES City -operated ambulance rates 18-52 0 OATH, AFFIRMATION, SWEAR OR SWORN Civil defense appointees' oath 11-24 Definitions 1-2 OBSCENITY. See: Indecency and Obscenity OCCUPATIONS Occupational license requirements in general 21-1 et seq. Licenses and permits. See that title OFFENSES Miscellaneous offenses and provisions 26-1 et seq. Specific penalties, remedies, regulations. See specific subjects Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code OFFICERS AND EMPLOYEES (Note—In conjunction with the subjects listed herein which are of a general nature applicable to all 3061 DUBUQUE CODE OFFICERS AND EMPLOYEES—Cont'd. Section personnel, see specific officers, boards, depart- ments, etc.) Airport manager 4-34 et seq. Airports and aircraft. See that title Annual reports 2-71 Appointments Council voting on appointments 2-49 Providing for, generally 2-67 Bonds Approval 2-4 Officers' bonds enumerated 2-69 Books and records 2-72 City assessor, appointment 35-16 Taxation. See that title City clerk 2-114 et seq. City clerk. See that title City manager 2-103 et seq. City manager. See that title City sealer 24-98 Weights and measures. See that title City solicitor 2-141 et seq. City solicitor. See that title City treasurer 2-159 et seq. City treasurer. See that title Civil service commission 2-178 et seq. Civil service commission. See that title Compensation, salaries, etc. Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Providing for Delegation of authority, construed 1-2 Departments and other agencies of city. See that title Elections 12-1 et seq. Elections. See that title Electrical inspector 13-29 et seq. Electricity. See that title Emergency location for city government 2-5 Emergency succession 2-199 et seq. Emergency succession. See that title Examinations 2-187 Civil service commission. See that title General powers and duties _ 2-2 Designated ___ 2-70 Specific powers, etc. See specific subjects 3062 CODE INDEX OFFICERS AND EMPLOYEES—Cont'd. Section Mayor 2-81 et seq. 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 6-76 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 ORDE'RTAKERS 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 OUTDOOR ADVERT'ISING Advertising regulations in general 3-1 et seq. Advertising. See that title Supp. No. 5 3063 DUBUQUE CODE OUTDOOR BURNING Section Garbage and trash 17-1 OUTDOOR LIGHTING Electrical requirements 13-14 OUTDOORTHEATERS 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 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 6-63 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 Falk playground. See within this title: Municipal Ath- letic Fields and Playgrounds Municipal athletic fields and playgrounds Falk playground Closing hours 27-101 Motor vehicles, bicycles, motorcycles, etc. Prohibited; exceptions ............. 27-102 Petrakis park Application for use 27-87 Supp. No. 5 8064 ( CODE INDEX PARKS AND RECREATION—Cont'd. Section Changes, alterations restricted 27-91 City's right to cancel applications, refund fees 27-90 Concession privileges 27-95 Custodian's right of access 27-94 Refund of fees, when 27-89, 27-90 Rental fees, exemptions 27_88 Substitution of later period for original applica- tions 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 Ath- letic Fields and Playgrounds Supp. No. 5 3064.1 l#1 CODE 'INDEX PARKS AND RECREATION—Cont'd. Section Playground and recreation commission Annual report ________ ----_____ - Appointment 27-17 . Certification of needs 27:20 Composition 27-16 Created 27-16 Organization 27-18 Powers and duties ___,___ __T.____.________________— 27-19 Tax levy restricted 27-20 Terms of office 27-17 Vacancies, filling _________ ________ _______________ 27-17• Public parks Animals Interfering with animals __ 27-44 Riding 27-38 Bicycle, use 27-55 Climbing on fences, roofs, etc. ______—_____ 27-51 Damage to property Cutting plants, shrubs, , etc Y—___ _27-41 -------------- Generally -------_____________ -------______ _______ - -___ 27-40 Walking on grass 27-42 Definitions 27-33 Discharge of fireworks, etc.. ___________—_____-_______ 27-50. Disorderly conduct 27-35 Dogs, cats, etc. 27-39 E. B. Lyons Forest Preserve and Nature Center ____ 27-73 Fences, roofs, etc. Climbing on 27-51 Firearms and weapons Use of 27-50 Fires, starting ___ __________ _______________ 27-57 Flora Park 27-74 Go-carts, use 27-55 Handbill distributions, etc. 27-48 Horse-drawn vehicles 27-38 Hours of opening and closing 27-62 Additional limitations on motor vehicles entering parks 27-63 Indecent exposure 27-36 Interfering with personnel 27-53 Intoxicating beverages 27-37 Littering 27-45 Loosening stones from bluffs _________ ________ ___ ______ _.______ 27-58 Meetings and gatherings 27-56 Motor vehicle laws, ordinances ,Additional hours limitations on vehicles entering, parks ----------------- - 27-63 'Compliance ______------------ ----- _--- -- __ 27-60 Supp. No. 2 8065 DUBUQUE CODE' PARKS AND RECREATION—Cont'd: Section Motorcycles, etc:, use 27-55 1Vloving benches and tables 27-52 Obstructions ----=_____---- ___ - - -—____ -_________ ______________ 27-46 Open season and hours 27-62 Motor vehicles entering parks Additional hours limitations on ________- ______ 27-63 Park board to have jurisdiction and control . 27-34 Posting bills, etc. —___-_ 27-47 Sales restricted __ _ _______- 27-49 Spotlights, searchlights, use of -_______ _________ 27-54 Throwing stones, etc. - - - - - 27-43 Unattended vehicles Removal after closing hours 27-61 Unlawful deposits 27-45 Washing vehicles in _ 27-59 School board Cooperation with 27-1 Subdivision parks, playgrounds and schools ___________ 34-100 PARKWAYS Street defined to include — 1-2 Streets in general: See: Streets and Sidewalks PARTNERSHIPS Persondefined re 1-2 PATENT l'VIEDICINE S Distributing _ 3-20 PAVEMENT Fires set on _____- __ _ 33-10 Streets and sidewalks. See that title PAWNBROKERS Junk and junk dealers Junk and junk dealers. See that title PEDDLERS, CANVASSERS AND SOLICITORS Definitions --------____-- 28-1 Exemptions 28-5. Food sales restricted __________ _______ __________________ 28-3 Food ,vehicles, sanitation __ __ ___ _ 28-4 Interstate commerce fee regulations ________ ___. 28-22 Licenses Applications _ 28-18 Exhibiting upon request required ___________ 28-25 Supp. No. 2 3066,, 22-1 et seq. CODE INDEX PEDDLERS, CANVASSERS AND SOLICITORS—Cont'd. Section Fees 28-21 Milk and bakery peddlers _____ 28-26 Procedure when fees are contended to be undue burden on interstate commerce 28-22 Investigation of applicant 28-19 Fees 28-18 Issuance 28-19 Supp. No. 2 3066.1 CODE INDEX PEDDLERS, CANVASSERS AND SOLICITORS— Cont'd. Section Milk and bakery peddlers 28-26 Notice to police upon loss 28-24 Permanence of business is in doubt Special agreement with merchants 28-20 Personal nature 28-23 Required 28-17 Special agreements 28-20 Transferability 28-23 Milk and bakery peddlers exempted from certain pro- visions 28-26 Prohibited noise, noise regulations, etc. 26-139 et seq. Noises. See that title Temporary stands or vehicles Peddling restricted 28-2 PEDESTRIANS Traffic regulations 25-236 et seq. Traffic. See that title PENALTIES Fines, forfeitures anrd penalties. See that title General penalty 1-3 Code of ordinances. See that title PENS Livestock keeping restrictions 7-2 Animals and fowl. See that title PENSIONS Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code PERSON Defined 1-2 PERSONAL PROPERTY Defined 1-2 Property in general. See: Property PERSONNEL Appointive personnel. See: Officers and Employees PEST CONTROL Housing responsibilities 20-128 Housing. See that title Rat control 24-78 et seq. Rat control. See that title .3067 DUBUQUE CODE PETRAKIS PARK Section Municipal athletic field regulations 27-86 Parks and recreation. See that title PHOTOGRAPH ORDERTAKERS Peddlers' regulations 28-1 et seq. Peddlers, canvassers and solicitors. See that title PHRENOLOGY Fortunetellers' license requirements 24-46 et seq. PICKETING Assembling for purpose of intimidation 216-31 PIGS Animals at large, etc. 7-2 Animals in general. See: Animals and Fowl PILE DRIVERS, HAMMERS, ETC. Prohibited noise, noise regulations, etc. 26-139 et seq. Noises. See that title PISTOLS Concealed weapons 27-12 Firearms and weapons. See that title PLANNING AND DEVELOPMENT Industrial revenue bonds Financing fees 29-2 Investigation fees 29-1 PLANNING AND ZONING COMMISSION Annual appropriations 29-23 Annual report 29-22 Appointment 219-16 Compensation 29-18 Composition .. 29-116 Created 29-16 Debt limit 29-23 Employees, appointment 29-211 Gifts receiving 29-23 Organization 2949 Powers Appointment of employees 29-21 General powers 29-20 Terms of office 29-17 Vacancies, filling 29-17 PLANTS Trees and shrubbery. See that title 3068 CODE INDEX PLAZAS Section Street defined to include 1-2 Streets in general. See: Streets and Sidewalks PLUMBING Apprentice Defined -- - -- - - 30-70 Registration; fee; employment of unregistered ap- prentices 30-78 Automatic clothes washing machine Drain restrictions 30-7 Code Adopted ___ 30-1 Variations 30-10 Violations and penalties 30-12 Damages Liability construed 30-11 Division of plumbing inspections 30-24 Effect of provisions re liability for damages __�_ 30-11 Employment of licensed plumbers required 30-72 Examination of plumbers 30-42 Required; application, fee; re-examination upon fail- ure 30-73 Fees for variations 30-10 Heating, air conditioning and ventilating 19-1 et seq. Heating, air conditioning and ventilating. See that title Housing standards 20-53 Housing. See that title Inspections Notice of defects 30-29 Prerequisites to covering or use of work 30-28 Request for 30-29 Time limit for correcting defects 30-29 Inspectors 30-25 Division of plumbing inspectors 30-24 Emergency succession in office 2-199 et seq. Emergency succession. See that title Interference with certificates or notices 30-27 Right -of -entry 30-26 Joints 30-3 Journeyman plumbers Qualifications 30-77 Kitchen sink wastes 30-6 Liability for damages construed 3041 Licenses Employment of licensed plumbers required 30-72 Supp. No. 2 8-.069! DUBUQUE CODE PLUMBING—Cont'd . Section Fee for license issuance 30-73.1 Issuance, duties of board 30-42 Master plumbers 30-71 Renewal 30-74 Failure to renew - 30-74 Revocation, appeals 30-75 Location of shutoffs 30-4 Master plumber Defined 30-70 Qualifications 30-76 Master plumber's license Required 30-71 Permits Application 30-55 Fees 30-57 Issuance 30-56 Required, exceptions 30-54 Revocation 30-58 Pipe Types of pipe, restrictions as to 30-2 Plumbers Definitions 30-70 Qualifications 30-76 et seq. Plumbing board Appointment, composition, qualifications 30-36 Clerk 30-41 Compensation 30-38 Meetings and facilities 30-39 Powers and duties 30-42 Quorum 30-40 Terms, vacancies 30-37 Private disposal systems 36-43 et seq. Water and sewers. See that title Qualifications of plumbers 30-76 et seq. Registration of apprentices 30-78 Sanitary sewers Prohibited connections 30-5 Shutoffs Location on water lines - 30-4 Types of pipe, restrictions as to 30-2 Variations from provisions •- 30-10 Violations Penalties 30-12 Water closet and urinal vacuum breakers 30-8 Water pipe size 30-9 Supp. No. 2 3070 CODE INDEX POLICE DEPARTMENT Section Bicycle registration 9-22 et seq. Bicycles. See that title Dance halls, employment of police officer in 6-96 Public dances and dance halls. See that title Supp. No. 2 3070.1. CODE INDEX POLICE DEPARTMENT—Cont'd. Section Dead dogs, notification re 7-49 Emergency succession in office 2-199 et seq. Emergency succession. See that title False or fraudulent reports ___. 26-6 Impersonating an officer 31-1 Interfering, obstructing, etc. 26-5 Police whistles, using 31-2 Refusing admittance to officers 31-3 POLITICAL ACTIVITY City manager, restrictions regarding 2-108 et seq. POLLUTION Unlawful deposits in waterfront 26-120 Municipal waterfront and docks. See that title POOLROOMS AND BILLIARD PARLORS Closing hours 6-20 Definitions 6-16 Exceptions 6-22 Licenses Exemptions 6-22 Fees 6-30 Required 6-29 Revocation 6-31 Multiple rooms Exceptions for hotels 6-19 Restricted 6-18 Obstruction of interior view 6-17 POSTING BILLS Advertising. See that title Parks, in 27-47 Parks and recreation. See that title POULTRY Animals in general. See: Animals and Fowl Chickens, rabbits and ducklings Sales restricted 7-1 POWER EQUIPMENT Noises prohibited 26-140, 26-143 POWER SERVICES Specifications 13-16 Electrical code 13-1 et seq. PROCESS. See: Writs, Warrants and Other Processes Supp. No. 4 3071 DUBUQUECODE PROCLAMATION Section Emergency powers of mayor 2-84 Mayor's emergency proclamations, obedience 11-1 Civil defense. See that title PROFESSIONS Occupational license requirements in general __.. 24-1 et seq. Licenses and permits. See that title PRO.;ECTING SIGNS Construction 3-53 PREJUDICE AND DISCRIMINATION Human relations provisions 21-1 et seq. PROPERTY Acquisition, condemnation, dedication, etc. Ordinances saved from repeal, other provisions not included herein. See the preliminary pages arid the adopting ordinance of this code Damaging, defacing Generally ___.. 26-15 Grade stakes, etc., removing 26-16 Public park property 27-40 et seq. Parks and recreation. See that title Trees, plants, shrubs, flowers 26-11 Depositing garbage and trash on ..... 17-17 Garbage and trash. See also that title General definitions for interpreting code 1-2 Grade stakes, removing 26-16 Officers to transfer property to successors 2-74 Ordinances saved from repeal, other provisions not included herein. See the preliminry pages and the adopting ordinance of this code Trees, plants, shrubs, flowers Destruction of 26-17 PROSTITUTION Bawdy house, brothel, house of ill fame, etc, Resorting to, keeping, other offenses regarding 26-8 PUBLIC ACCOMMODATIONS Human relations provisions .... .. 21-1 et seq. Human rights provisions 21-48 et seq. Human rights commission. See that title PUBLIC ADDRESS SYSTEM Prohibited noise, noise regulations, etc. 26-139 et seq. Noises. See that title Supp. No. 4 3072 CODE INDEX ROLLER SKATING RINKS—Cont'd. Section Neighboring property owners' consent Required for location 6-149 Noises 6-152 Permitted hours of operation 6-153 ROOF SIGNS Regulated 3-55 RULES OF CONSTRUCTION General definitions for interpreting code 1-2 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 3-20 SATURDAY Time computed re 1-2 SCALES Weights and measures 24-98 et seq. Weights and measures. See that title SCHOOL BOARD Recreational activities, cooperation re 27-1 SCHOOLS Prohibited noise, noise regulations, etc. 21-139 et seq. Noises. See that title Subdivision sites dedicated 34-100 SEAL. See: City Seal SEALERS City sealer Weights and measures. See that title 24-98 SEARCHLIGHTS Use in parks 27-54 Supp. No. 5 3077 DUBUQUE CODE SECONDHAND DEALF,RS Junk and junk dealers Junk and junk dealers. See that title SEPTIC TANKS Private disposal systems Water and sewers. See that title Subdivision installations Subdivisions. See that title SERVICE STATIONS. See also: Gasoline Service Sta- tions, Etc. Fire prevention code adopted Fire prevention. See that title SEVERABILITY OF PART'S OF CODE Generally 1-4 Code of ordinances. See that title SEWERS. See: Water and Sewers SHALL, MAY Definitions 1-2 Section 22-1 et seq. 36-43 et seq. 34-18(b) 14-1 et seq. 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 6-114 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 Supp. No. 5 3078 f CODE INDEX STREETS AND SIDEWALKS—Cont'd. Section Littering 33-4 et seq. Obstructions Central market, at 24-31 Central market. See that title Generally 33-2 Parades and processions other than circus parades 33-8 Park obstructions 27-46 Parks and recreation. See that title Pavement Starting fires on 33-10 Peddlers Persons without permits obstructing streets 33-2(1) Permits Curbs and driveways. See within this title that subject Excavations. See hereinabove that subject Planning and zoning commission powers 29-20 Planning and zoning commission. See that title Playing in streets 33-6 Projecting signs 3-53 Advertising. See that title Railroads and trains 32-1 et seq. Railroads and trains. See that title Traffic regulations regarding trains. See: Traffic Sidewalk, driving on restricted 33-9 Sidewalks Bicycles on 9-3 Snow and ice removal Assessment of costs, incurred by city 33-85 Collection of cost of removal by city 33-86 Duty of abutting owner to remove 33-84 Removal by city upon owner's failure, etc. 33-85 Snow removal operations ________ 25-338 et seq. Traffic. See that title Spitting, expectorating 33-3 Stone, sand, wood, hay, garbage, etc. Hauling through streets 33-4 Street Defined 1-2 Subdivision streets, alleys and easements 34-66 et seq. Unlawful deposits ____ 33-5 Va cation of streets Ordinances saved from repeal, other provisions not. included herein. See the preliminary pages and the adopting ordinance of this code Vault, grating, cellar door open on 33-2(5) Wood, lumber, brick, stones, etc., placed on 33-2 3083 DUBUQUE CODE STRIKES Section Assembling for purpose of intimidation 26-31 SUBDIVISIONS Alleys. See hereinbelow: Streets, Alleys and Easements Applicability 34-4 Blocks Length of 34-81 Lines 34-91 Numbering 34-83, 34-92 Remnant lots ___ 34-93 Width of _ 34-82 Building permits Issuance restricted 34-18 Conformance to city plan 34-5 Definitions 34-2 Easements. See hereinbelow: Streets, Alleys and Ease- ments Exceptional sized lots 34-57 Final plats Certificates to accompany 34-44 Drafting requirements 34-42 Examination by commission _____________ 34-40 Information required to be shown 34-43 Installation and security for installation and main- tenance of improvements, etc. May be made prerequisite for approval 34-45 Power to approve or disapprove 34-41 Purpose 34-38 Submission to commission 34-39 Submission to council, when 34-41 Improvements Installation of 34-58 Lots Area and dimensions 34-90 Exceptional sized lots 34-57 Modification of requirements 34-59 Monuments and markers Corner of each lot 34-58(b) Parks, playgrounds and schools Dedication of sites 34-100 Permits Issuance restricted 34-18 Plats Recording required 3447 Purpose of provisions 34-3 3084 CODE INDEX SUBDIVISIONS—Cont'd. Section Preliminary plats Drafting requirements 34-30 Effect, duration of approval 34-28 Exemption from filing 34-29 Information required to be shown 34-31 Power of commission to approve or disapprove 34-27 Purpose 34-25 Submission to commission ____ 34-26 Schools. See hereinabove: Parks, Playgrounds and Schools Septic tank installation Permit issuance restrictions ___. 34-18 Short title 34-1 Standards and specifications 34-57 et seq. Streets, alleys and easements Adjoining street systems __ 34-72 Alleys 34-71 Cul-de-sac 34-70 Easements 34-74 Street alignment 34-68 Street grades 34-69 Street intersections 34-67 Street names 34-73 Street widths 34-66 SUBPOENAS Writs, warrants and other processes. See that title SUBVERSIVE ACTS Emergency location for city government 2-5 SUCCESSION IN OFFICE Emergency succession in office 2-199 et seq. Emergency succession. See that title SUITS AND PLEAS City solicitor in general 2-141 et seq. City solicitor. See that title SUNDAY Time computed re 1-2 SUNKEN WATERCRAFT Removal 26-123 SURETY Bonds, approval Supp. No. 3 3085 2-4 DUBUQUE CODE SURVEYS, MAPS AND PLATS Section Fire zones described 10-3 Grade stakes, etc., removal 26-16 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Planning and zoning commission powers .. 29-20 Planning and zoning commission. See that title Precincts described 12-20 et seq. Subdivisions 34-1 et seq. Subdivisions. See that title SWEAR OR SWORN. See: Oath, Affirmation, Swear or or Sworn SWIMMING POOLS Construction .__________._. __._.__ 10-36 Definitions __ 10-33 Fencing requirements 10-37 Location _ 10-38 Permits Fees _ 10-35 Required 10-34 SWINE Animals at Large, etc. _.. 7-2 Animals in general. See: Animals and Fowl T TABLE MOUND TOWNSHIP Airport located in, name of 4-1 Airports and aircraft. See that title TANK TRUCKS Gasoline service stations and tank trucks _.. 14-46 et seq. Gasoline service stations, etc. See that title TATTOOING Definitions - 18-2(a) Prohibited 18-2(b) Exceptions 18-2(c) Violations, penalty 18-2(d) TAXATION Agricultural lands Partial exemption for ________ 35-2 Assessment of property 35-1 Supp. No. 3 3086 CODE INDEX TAXATION—Cont'd. Section City assessor Appointment 35-16 City treasurer 2-159 et seq. City treasurer. See that title General special assessment fund 2-6 Finances in general. See: Finances Hotel and motel tax Definitions 35-21 Levy 35-22 Payment 35-23 Supp. No. 5 3086.1 CODE INDEX TAXATION—Cont'd. Section Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code TAXICABS Generally 38-16 et seq. Vehicles for hire (taxicabs). See that title TENEMENTS Definitions for interpreting code 1-2 TENSE Word usage for interpreting code 1-2 TENT SHOWS Open air shows 6-75 et seq. Open air shows. See that title THEATERS AND HALLS Compliance with state and city regulations 6-131 Exemptions 6-132 Licenses Fees 6-129 Proration 6-130 Required 6-128 Open air shows 6-75 et seq. Open air shows. See that title Smoking in 14-9 THROUGH STREETS Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code THROWING STONES, ETC. Parks, in 27-43 Parks and recreation. See that title TIME Computing time for interpreting code 1-2 TOBOGGANING Coasting areas 33-11 et seq. TORNADOES, ETC. Emergency location for city government 2-5 TOY PISTOLS Sale and use of 26-14 Firearms and weapons. See that title Supp. No. 1 3087 DUBUQUE CODE TRADES Section Occupational license requirement in general . 24-1 et seq. Licenses and permits. See that title TRAFFIC Accidents Cleaning up wrecks 25-156 Damage to vehicles only, duty re ____ 25-44 Fixtures on highway Duty of driver upon striking 25-47 Information and aid Duty of driver to give 25-45 Reports required 25-43 Unattended vehicle Duty upon striking 25-46 Administratioh 25-16 et seq. Advertising vehicles Operation 25-189 Parking __-_ 25-268 Alley Defined 25-2 Parking restrictions. See within this title: Parking, Stopping and Standing Ambulances. See also that title Authorized emergency vehicles. See within this title> that subject Angle parking. See within this title: Parking, Stopping and Standing Animals or animal -drawn vehicles Applicability 25-3 Control of vehicle in vicinity 25-221 Traffic defined in reference to 25-2 Applicability 25-3 Arrests. See hereinbelow: Violations Arterial streets Snow removal operations. See within this title that subject Authorized emergency vehicles Bicycles following fire apparatus 9-4 Defined 25-2 Operation of other vehicles, etc., on approach of 25-214 Privileges, rights, duties, etc. 25-167 Backing vehicles Backing for purposes of parking in business districts 25-266 On highway 25-176 Bicycles __..___.. 9-1 et seq. Applicability ` 25-3 Supp. No. 1 3088 CODE INDEX TRAFFIC-Cont'd. Section Bicycles. See that title Defined 25-2 Blind curves. See hereinbelow: Hills, Blind Curves, Etc. Blind persons. See within this title: Pedestrians Bridge Control of vehicles 25-221 Overtaking vehicle on 25-199 Bus stops Parking regulations 25-260 Buses Manner of stopping 25-187 Motor carrier routes 25-172 Railroad crossings, certain vehicles to stop 25-186 Business district Defined 25-2 Caterpillar wheels, heavy lugs Restricted 25-163 Tires and wheels on vehicles. See within this title that subject Chauffeur Defined 25-2 Citations Arrests and notice. See within this title: Violations Clinging to vehicles Bicycles 9-9 Coasting of vehicles 25-153 Collision. See within this title: Accidents Combination vehicles Size, weight and load restrictions 25=81 et seq. Upgrade pulls, minimum speed 25.160 Commercial vehicle Defined 25-2 Commissioner Defined 25-2 Corners Blind curves. See within this title: Hills, Blind Curves, Etc. Crest of grade Overtaking vehicle on 25-199 Crossings Railroad crossings. See within this title: Railroads and Trains Crosswalk Defined 25-2 Pedestrians. See within this title that subject 3089 DUBUQUE CODE TRAFFIC—Cont'd. Section Curb Defined 25-2 Curves. See also within this title: Hills, Blind Curves, Etc. Control of vehicles 25-221 Overtaking, meeting and passing on 25-199 Definitions 25-2 Disaster vehicles. See within this title: Authorized Emergency Vehicles Drag racing 25-171 Speed in general. See within this title: Speed Regu- lations Drawbars and safety chains Use required, when 25-161 Driver or operator Chauffeur, defined 25-2 Defined 25-2 Leaving motor vehicle unattended 25-151 Obstructions to driver's view 2.5-151 Operation of vehicles, various requirements. See else- where herein specific subjects Operator's or chauffeur's license Display upon rquest ___ 25-140 Driver's possession, required in ________ ________________ 25-140 Driving while license denied, suspended, revoked 25-142 Inspection of licenses prior to renting 25-148 Required 25-130 Restricted licenses. 25-146 Unlawful use of licenses ____ 25-141 Permitting unauthorized minor to drive _________________ 25-143 Reckless driving 25-168 Rentals Inspections re 25-148 Records of 25-14.9 Renting motor vehicle to unlicensed persons ______________ 25-147 Restricted licenses 25-146 Unauthorized persons, permitting to drive 25-144 Unlicensed chauffeur, employment 25-145 Driveway Entering street from private roadway 25-213 Private road or driveway, defined ____, 25-2. Emergency Snow removal operations. See within this title that subject -- Emergency vehicles. See hereinabove: Authorized Emergency Vehicles 3090 1 CODE INDEX TRAFFIC- Cont'd. Section Railroads and trains. See also that title Defined 25-2 Grade crossings Certain vehicles required to stop 25-186 Vehicles to stop when 25-185(b) Railroad signs or signals, defined 25-2 Stopping required in obedience to train signal 25-185 Vehicles passing prohibited, when 25-199 Reckless driving 25-168 Red light in front of vehicle 25-114 Registration of vehicles Evidentiary effect of registration plates and viola- tions 25-279 Plates Display 25-79 Illuminating plates, lighting requirement 25-104 Method of attaching 25-80 Registration card Signing, carried and exhibited, etc. 25-78 Required 25-77 Regulations Posting required 25-17 !Removal of vehicles Parking violators, as to ____ 25-278 Rental vehicles Inspection of licenses prior to renting 25-148 Records 25-149 Repairs 25-90 Rescue vehicles. See within this title: Authorized Emer- gency Vehicles Residence district Defined 25-2 Residences Parking in front of 25-262 Right-handside of roadway Driving on, exceptions 25-169 Right-of-way Authorized emergency vehicles 25-214 Defined 25-2 Emergency vehicle privileges 25-167 Entering intersections from different highways 25-207 Entering street from private roadway 25-213 Left turns at intersections 25-208 Pedestrians. See within this title that subject Stop intersections 25-2110 3101 DUBUQUE CODE TRAFFIC—Cont'd. Section Through streets and stop intersections Stop signs to be erected, stopping required 25-211 Through streets, entering 25-209 Yield intersections 25-212 Roadway Defined 25-2 Laned for traffic 25-20� Safety commissioner. See hereinabove: Commissioner Sale or storage of vehicle Parking restrictions 25-267 Sand, rocks, gravel, stones, water, other substances Vehicles spilling loads on streets _ , 25-87 School buses Railroad crossings, stopping required at 25-186 School district Defined 25-2 School zones Establishment, etc. 25-188 Semitrailer Defined 25-2 Short title 25-1 Sidewalks Bicycles on 9-3 Defined 25-2 Driving on 33-9 Parking in prohibited places. See within this title: Parking, Stopping and Standing Pedestrians. See within this title that subject Signal lamps and devices Equipment on vehicles. See within this title that sub- ject Signs, signals, etc. Traffic -control signs, signals and devices. See within this title that subject Size, weight and load restrictions Clearance and identification lights on trucks, etc. 25-105 Heavy vehicles on certain streets prohibited 25462 Height of vehicles _ 25-84 Lamp or flag on projecting load 25-106 Loading beyond front 25-86 Maximum length of vehicles 25-85 Projecting loads on passenger vehicles 25-82 Scope and effect 25-81 Spilling loads on streets 25-87 Vehicles entering city from Illinois 25-88 Width of vehicles 25-83 3102 CODE INDEX TRAFFIC—Cont'd. Section Tunnel Overtaking vehicle in 25-199 Turning movements Curves, hills, etc. 25-175 Directional signal devices Maintenance in good working condition 25-182 Self -illuminated, required. 25-182 Emergency vehicle privileges 25-167 Hand and arm signals 25-180 Method of giving 25-181 Left turns at intersections Right-of-way of vehicle, etc. 25-298 Meeting and turning to right _.. _ _ _ 25-170 Signaling devices, signals given by 25-180 Signals required when turning 25-177 Turn signal to be continuous 25-178 Turning at intersections 25-174 Unattended vehicles Accidents involving. See within this title: Accidents Responsibility when leaving 25-150 Removal from parks 27-61 Entering, tampering with 25-157 Unsafe vehicles, etc. Driving, use on streets ____ 25-158 Sale of 25-159 U-turn Defined _ 25-2 Turning movements. See within this title that subject Vandalism 25-89 Vehicles. See within this title: Motor Vehicles and Other Vehicles Viaduct Overtaking vehicle in 25-199 Violations Arrests, notice to appear 25-19 Authority to stop vehicles 25-21 Committing 25-18 Parking violations. See within this title: Parking, Stopping and Standing Records of 25-20 Wagons Animals and animal -drawn vehicles. See within this title that subject Walking on highways. See within this title: Pedestrians Warning devices on vehicles Bicycles 9-2 3105 DUBUQUE CODE TRAFFIC—Cont'd. Section Washing vehicles in parks 27-59 Weight of vehicles. See within this title: Size, Weight and Load Restrictions Wheels. See within this title: Tires and Wheels on Ve- hicles White canes restricted to blind persons 25-242 Pedestrians. See within this title that subject Width of vehicles. See within this title: Size, Weight and Load Restrictions Wrecks. See within this title. Accidents Yield interesections 25-212 Right-of-way. See within this title that subject TRAINING PROGRAMS Human relations provisions 21-1 et seq. TRANSIENT MERCHANTS Peddlers' regulations 28-1 et seq. Peddlers, canvassers and solicitors. See that title TRANSIT AUTHORITY (Board of Trustees) Contracts and agreements 36-80 Deposit of funds 36-79 Disbursements 36-79' Established 36-72 Majority vote required for action 36-76 Meetings 36-81 Organization, election of officers 36-74 Powers and duties 36-78 Quorum 36-76 Records open to public, exception 36-77 Rules, adoption 36-74 Terms of members 36-74 Trustees Qualification of 36-73 Salary 36-75 TRANSIT AUT'HOR•ITY BUSES Smoking in 14-9 TRASH. See: Garbage and Trash TREASURER City treasurer 2-159 et seq. City treasurer. See that title TREES AND •SHRUBBERY Damaging, defacing property 26-17 Property. See that title 3106