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1 Supplement No. 02 - Code of Ordinances - September 1978ORDINANCE NO. 55-76 An Ordinance Adopting the Codification of All Ordinances of the City of Dubuque, Iowa, of a General or Public Nature or Imposing a Fine or Penalty, Including Codes and Maps Adopted by Reference, as the Official Code of the City of Dubuque, Iowa, as Provided for and Pursuant to Chapter 380 of the Code of Iowa; Providing for the Title and Cita- tion of the Code; Repealing All Ordinances and Parts of Ordinances of a General or Public Nature or Imposing a Fine or Penalty, Passed on or Prior to September 15, 1975, Except Those Not Contained in Said Code or Recognized and Continued in Force by Reference Therein; Providing Penalties for the Violation of the Several Sections Thereof; and Prescribing the Time When This Ordinance Shall Be in Full Force and Effect. Pursuant to the Resolution adopted by the City Council of the City. of Dubuque, Iowa, on the 18th day of October, 1976, the City Clerk was ordered to publish notice that a hearing would be held in the City Council Chambers of the City Hall at 7:30 P.M. on the 1st day of November, 1976 on the proposal to adopt a Code of Ordinances. Said notice was duly published in the Telegraph Herald on the 21st day of October, 1976, as required by Section 362.3 of .the Code of Iowa. The City Council then determined that the said proposed Code of Ordinances should be adopted in its original form as now filed and did then on the 1st day of November, 1976, adopt Ordinance No. 55-76 adopting said Code of Ordinances as provided in. Section 366.7. It Is Therefore Ordained by the City Council of the City of Dubuque, Iowa: Section 1. Code of Ordinances Adopted. The proposed Code of Ordinances, of the City of Dubuque, Iowa, printed by the Municipal Code Corporation, Tallahassee, Florida, heretofore filed in the office of the City Clerk of the City of Dubuque, Iowa, consisting of Chapters 1 through 38 and including ref- erences to codes adopted by reference, a printed copy of which ix is attached hereto and incorporated herein by reference the same as if set out in full herein, is hereby adopted as the "Code of Ordinances, City of Dubuque, Iowa." Section 2. Ordinances Repealed. All ordinances of the City of Dubuque, Iowa, of a general and permanent nature, enacted on or before September 15, 1975, and not contained in said Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of said Code, except as hereinafter provided. Section 3. Effect of Repeal; Ordinances Saved. The repeal provided for in Section 2 hereof shall not affect any of the following: (a) Any offense or act committed or any penalty or for- feiture incurred or any contract or right established or accruing before the effective date of said Code; (b) Any ordinance promising or guaranteeing the payment of money to or from the City, or authorizing the issu- ance of any bonds or other evidence of indebtedness ; (c) Any appropriation or budget ordinance; (d) Any ordinance establishing the compensation of any City officer or employee; (e) Any contract or obligation assumed by the City; (f) Any ordinance relating to the purchase, condemnation, acquisition or dedication of property for public use; (g) Any ordinance dedicating, establishing, opening, re- opening, naming, renaming, widening, narrowing or vacating any street, boulevard, avenue, alley or other public way, including rights-of-way ; (h) Any ordinance establishing or changing the grade of any street, avenue, boulevard, trafficway or other pub- lic way ; (i) Any ordinance authorizing, directing or otherwise re- lating to any public improvements; (j) Any ordinance creating sewer districts or districts for public improvements of any kind or nature; x 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 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 Inspector 778 Art. III. Electrical Appeal Board 780 Art. IV. Permits 781 Art. V. Registration of Electricians 785 Div. 1. Generally 785 Div. 2. Examining Board 791 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 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 961 Art. I. In General 961 Art. II. Food Service Establishments 962 xvii DUBUQUE )CODE Chapter Page 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. Private Collector's License 1025 Art. III. Disposal 1026 Div. 1. Generally 1026 Div. 2. Public Landfill Sites 1027 Div. 3. Private Landfill Sites 1030 18. Health and Sanitation 1083 Art. I. In General 1083 Art. II. Ambulances ___ 1083 Div. 1. Generally 1083 Div. 2. Licenses 1087 Div. 3. City Operated Service 1097 19. Heating, Air Conditioning and Ventilating 1149 20. Housing 1199 Art. I. In General 1199 Art. II. Administration and Enforcement 1204 Art. III. Minimum Standards 1210 Div. 1. Generally 1210 Div. 2. Safe and Sanitary Maintenance of Dwellings and Non -Dwelling Structures 1210 Div. 3. Basic Equipment and Facilities 1213 Div. 4. Light, Ventilation and Heating 1217 Div. 5. Space, Use and Location Require- ments 1220 Art. IV. Duties of Owners and Occupants 1223 xviii TABLE OF CONTENTS—Cont'd. Chapter Page Art. V. Rooming Houses, Hotels and Motels ____ 1225 Art. VI. Permits 1227 Art. VII. Unfit Dwellings 1228 21. Human Relations 1283 Art. I. In General 1283 Art. II. Human Rights Commission 1285 Art. III. Unfair and Discriminatory Practices1289 Div. 1. Generally 1289 Div. 2. Accommodations or Services 1290 Div. 3. Employment Practices 1291 Div. 4. Housing 1293 Art. IV. Enforcement 1294 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. In General 1459 Art. II. 'Central Market 1463 Art. III, Fortunetellers, Etc. 1465 Art. IV. Going -Out -of -Business Sales 1466 Art. V. Rat Control 1468 Art. VI. Weights and Measures 1473 5, Motor Vehicles and Traffic 1527 Art. I. In General 1527 Art. II. Administration and Enforcement 1534 Div. 1. Generally 1534 Div. 2. Traffic -Control Devices 1536 Art. III. Accidents 1540 Art. IV. Noise Control 1542 Art. V. Motor Vehicles 1545 Div. 1. Generally 1545 Div. 2. Equipment 1552 Art. VI. Operation 1566 Div. 1. Generally 1566 xix DUBUQUE CODE Chapter Page Div. 2. Overtaking and Passing 1582 Div. 3. Right -of -Way 1585 Div. 4. Speed 1588 Art. VII. Pedestrians 1590 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 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 Div. 1. Generally 1686 Div. 2. Variance Permits 1693 27. Parks and Recreation 1745 Art. I. In General 1745 Art. II. Playground and . Recreation Commis- sion _. 1745 Art. III. Public Parks 1747 Div. 1. Generally 1747 Div. 2. Specific Parks 1754 Art. IV. Municipal Athletic Field 1755 28. Peddlers and Transient Merchants 1809 Art. I. In General 1809 Art. II. License __ ._ 1811 xx TABLE OF CONTENTS--Cont'd. Chapter Page 29. Planning and Development 1865 Art. I. In General __._ 1865 Art. II. Planning and Zoning Commission 1866 30. Plumbing -------.__-... 1919 Art. I. In General _- 1919 Art. II. Administration 1922 1922 1924 1927 1930 31. Police 1983 32. Railroads 2033 Div. 1. Generally Div. 2. Plumbing Board Art. III. Permits Art. IV. Plumbers ._ 33. Streets, Sidewalks and Public Places _.. Art. I. In General .: 2087 2087 Art. II. Curbs and Driveways _.___.._.. 2091 Div. 1. Generally ___._ 2091 Div. 2. Permit __ _.. 2092 Art. III. Excavations _.._ 2094 Div. 1, Generally ..___ 2094 Div. 2. Permit _.__ _ ..__... 2096 Art. IV. Sidewalks .. . . . 2097 Div. 1. Generally 2097 Div. 2. Snow and Ice Removal _.. .. 2097 34. Subdivision Regulations _..- 2149 Art. I. In General __... 2149 Art. II. Plats 2151 Div. 1. Generally _ 2151 Div. 2. Preliminary 2152 Div. 3. Final .. 2155 Art. III. Standards and Specifications 2159 Div. 1. Generally 2159 Div. 2. Streets, Alleys and Easements 2160 Div. 3. Blocks 2162 Div. 4. Lots 2162 Div. 5. Parks, Playgrounds and Schools2163 Supp. No. 1 xxi DUBUQUE CODE Chapter Page 35. Taxation . _ 2213 Art. I. In. General 2213 Art.. II. City Assessor 2214 36. Utilities 2253 Art. 1. 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 37. Vegetation 2355 Art. I. In General .. 2355 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 2473 Supp. No. 1 TABLE OF CONTENTS—Cont'd. Chapter Page 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 Uses2613 Art. VII. Administration and Enforcement; Required Permits and Certificates 2624 Art. VIII. Amendments and Zoning Reclassi- fication; 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 Chapter 2 ADMINISTRATION* Art. I. In General, §§ 2-1-2-19 Art. II. City Council, §§ 2-20-2-66 Div. 1. Generally, §§ 2-20-2-30 Div. 2. Rules of Procedure, §§ 2-31-2-66 Art. III. Officers and Employees, §§ 2-67-2-177 Div. 1. Generally, §§ 2-67-2-80 Div. 2. Mayor, §§ 2-81-2-102 Div. 3. Manager, §§ 2-103-2-113 Div. 4. City Clerk, §§ 2-114-2-140 Div. 5. City Solicitor, §§ 2-141-2-158 Div. 6. City Treasurer, §§ 2-159---2-168 Div. 7. Director of Public Works, §§ 2-169-2-177. Art. IV. Civil Service Commission, §§ 2-178-2-198 Art. V. Emergency Succession, §§ 2-199-2-204 ARTICLE I. IN GENERAL Sec. 2-1. Form of government. The form of government of the city is the council -manager - at -large form of government. (Ord. No. 17-75, § 3, 6-9-75) State law reference—Council-manager-at-large form of government, Y.C.A. § 372.6. *Cross references—Airport commission, Ch. 4, Art. II; airport man- ager, Ch. 4, Art. III; airport zoning commission, Ch. 4, Art. IV; board of adjustment for airport zoning regulations, Ch. 4, Art. V, Div. 2; county -municipal civil defense agency, Ch. 11, Art. II; elections, Ch. 12; electrical inspector, Ch. 13, Art. II; electrical appeal board, Ch. 13, Art. III; examining board for registration of electricians, Ch. 13, Art. V, Div. 2; fire department, Ch. 14, Art. II; garbage, trash and refuse, Ch. 17; city operated ambulance services, Ch. 18, Art. II, Div. 3; housing regulations administration and enforcement, Ch. 20, Art. II; human rights commission, Ch. 21, Art. II; human relations enforce- ment, Ch. 21, Art. IV; library, Ch. 23; city sealer of weights and meas- ures, § 24-98; administration and enforcement of motor vehicles and traffic regulations, Ch. 25, Art. II; department of public docks, Ch. 26, Art. V, Div. 2; playground and recreation commission, Ch. 27, Art. II; planning, Ch. 29; administration of plumbing regulations, Ch. 30, Art. II; police, Ch. 31; streets, sidewalks, public .places, Ch. 33; subdivision regulations, Ch. 34; city tax assessor, Ch. 35, Art. II; city utilities, Ch. 36. Supp. No. 1 55 § 2-2 DUBUQUE. CODE § 2-5 Sec. 2-2. Powers and duties of council and officers generally. The city council, the mayor, the city manager and other city officers shall have such powers and shall perform such duties as are authorized or required by state law and by the ordi- nances, resolutions, rules and regulations of the city. (Ord. No. 17-75, § 4, 6-9-75) Sec. 2-3. Fiscal year. The first day of July of each year shall be and is hereby fixed as the opening of the fiscal year, and all accounts, records, statements and transactions of every kind or nature shall be based or dated from July first of each year as the fiscal year and all accounts, records, and transactions shall be closed on the last day of June as the last day of the fiscal year. (Ord. No. 34-51, § 1, 8-6-51) Sec. 2-4. Bonds; approval. Bonds of every character and description which are neces- sary to be furnished the city by virtue of the provisions of any ordinance thereof, except bonds required to be furnished by public officials, may be approved by the city manager by the endorsement of his approval thereon and filed in the office of the city clerk and such approval shall have the same force and effect as if they were approved by the city council. (Ord. No. 211, § 1, 12-12-28) Sec. 2-5. Emergency location for city government. (a) Wherever due to an emergency resulting from the ef- fects of enemy attack, or the anticipated effects of a threat- ened enemy attack, it becomes imprudent, inexpedient or impossible to conduct the affairs of city at the regular or usual place or places thereof, the city council may meet at any place within or without the territorial limits of the city, or at any place within or without the territorial limits of the Supp. No. 1 56 Chapter 13 ELECTRICITY .Art. I. In General, §§, 13-1-13-28 Art. II. Electrical Inspector, §§ 13-29-13-46 Art. III. Electrical Appeal Board, §§j 13-47-13-62 Art. IV. Permits, §§ 13-63-13-81 Art. V. Registration of Electricians, §§ 13-82-13-110, Div. 1. Generally, §§ 13-82-13-102 Div. 2. Examining Board, §§ 13403-13-110 ARTICLE I. IN GENERAL Sec. 13-1. Short title. This chapter shall be known as the "City of Dubuque, Iowa Electrical Ordinance" and may be so cited. (Ord. No. 31-72, § 1, 7-3-72) Sec. 13-2. Purpose; scope. (a) It is the purpose of this chapter to adopt a complete electrical code, including provisions for the inspection and reg- ulation of electrical installations, issuance of permits and collection of fees, and to provide penalties for violations of this chapter in order to protect public safety, health and welfare. (b) The provisions of this chapter shall apply to and govern the supply of electricity and all uses, installations, alteration, repairs, removals, renewals, replacements, disturbances, con- nections, disconnections and maintenance of all electrical materials, wiring, conductors, fittings, devices, appliances, fix- tures, signs and apparatus or parts thereof, hereinafter re- ferred to as electrical equipment that are intended to be, ca. - are, within, on, under, over or near any building, structure, equipment, or premises with the following exceptions (1) The installation, alteration or repair of electrical gen- eration, transmission, or distribution equipment, but not utilization equipment, owned and operated by an electrical utility. '771 § 13-2 DUBUQUECO'D'E § 13-3 (2) The installation, alteration or repair of electrical signal or communication equipment if such equipment is owned or operated by a utility company. (3) Any work on, or in boats, railway cars, trackless trol- leys, buses, aircraft and motor vehicles. (4) Any work in connection with electrical equipment used for radio' and television transmission but not including supply wire to such equipment. (5) Any work involved in the manufacturing or testing of electrical equipment or apparatus, but not including any permanent wiring or equipment. (6) Any work associated with: a. The repair of plug connected electrical appliances or devices; b. Permanently connected electrical appliances or de- vices that have been electrically and mechanically disconnected and separated from all sources of elec- trical supply (by an electrical licensee) . The open- ing of switches or the blowing or removal of fuses shall not be considered an electrical or mechanical disconnection or separation. (7) The installation or replacement of approved fuses. (8) The installation or replacement of pin type lamps, screw base lamps, or plug connected portable appliances. Re- pairing or replacing push or snap switches, lamp sock- ets, receptacles and taping bare wires. (Ord. No. 31-72, § 2, 7-3-72) Sec. 13-3. Code adopted. The National Electrical Code of 1975, as. promulgated by the American National Standards Institute, is hereby adopted in full except for such portions as hereinaftermay be deleted, modified: or amended. All electrical work as set out in section 13-2 of this chapter shall be performed in accordance with its provisions as modified herein. A . copy of the National 772 § 13-3 ELECTRICITY § 13-5 Electrical Code, as adopted and a certified copy of this chapter are on file in the office of the city clerk for public inspection. (Ord. No. 31-72, § 3, 7-3-72) Cross references—Building code adopted, § 10-1; fire prevention code adopted, § 14-1; heating, air conditioning and ventilating code adopted, § 19-1; housing regulations, Ch. 20; plumbing code adopted, § 30-1; subdivision regulations, Ch. 34; utilities, Ch. 36. Sec. 13-4. Inspections. (a) Upon the completion of electrical work that has been done under a permit other than an annual permit, the person doing the work shall notify the electrical inspector. (b) The electrical inspector shall inspect the work within twenty-four (24) hours, exclusive of Saturday, Sunday, or holidays, after the receipt of notice, or as soon thereafter as practicable. (c) If any electrical equipment is to be hidden from view by the permanent replacement of parts of a building, structure or grounds, the person installing the equipment shall notify the electrical inspector. Such equipment shall not be concealed until it has been inspected and approved by the electrical inspector or until twenty-four (24) hours, exclusive of Satur- days, Sundays and holidays, shall have elapsed after receipt of such notification by the electrical inspector; provided, that on large installations, where the concealment of equipment proceeds : continuously, the person installing the equipment shall give the electrical inspector due notice and inspection shall be made periodically during the progress of the work. (Ord. No. 31-72, § 14, 7-3-72) Sec. 13-5. Certificate of approval. (a) If the electrical inspector finds, upon the inspection provided for in section 13-4, the work to be in conformity with the provisions of this chapter, he may issue to the person that has done the work a certificate of approval. This certificate shall authorize the use of. the work and connection to the supply of electricity. The electrical inspector shall send written notice of such authorization to the agency supplying the elec- tricity. 77'3` § 13-5 DUBUQUE' CODE § 13-7 (b) A certificate of approval may be issued authorizing the connection and use of a temporary installation. Such certifi- cate shall be issued to expire at a time to be stated therein and may be revoked by the electrical inspector for any viola- tion of this chapter. (Ord. No. 31-72, § 14, 7-3-72) Sec. 13-6. Disconnection of electric supply to defective work. (a) If any electrical equipment or installation is found by the electrical inspector to be defective or defectively installed in conflict with the provisions of this chapter, the person responsible for the electrical equipment shall be notified in writing of such defects, and shall make necessary changes or repairs. (b) If such work is not completed within fifteen (15) days (or longer period as specified by the electrical inspector in such notice), the electrical inspector shall have the authority to disconnect or order the discontinuance of electrical service to such electrical equipment. (c) In cases of emergency, if necessary for safety to per- sons or property, or if electrical equipment may interfere with the work of the fire department, the electrical inspector shall have the authority to disconnect or cause the disconnec- tion immediately of any such electrical equipment. (d) If fires have damaged the wiring of any building or structure, reconnection to electrical supply shall not be made until authorized in writing by the electrical inspector. (Ord. No. 31-72, § 16, 7-3-72)i Sec. 13-7. Approval of materials. The electrical inspector may approve in advance electrical materials inspected and approved by the Underwriters' Lab- oratories, Inc., and other materials of equalor higher quality. The electrical inspector shall keep on file a list of such ap- proved materials, which list shall be accessible for public reference during regular office hours. (Ord. No. 31-72, § 17, 7-3-72) 774 § 13-8 ELECTRICITY § 13-10 Sec. 13-8. Appeals. (a) Any person aggrieved by any ruling, decision, inter- pretation or order of the electrical inspector shall have the right to appeal to the electrical appeal board by filing a writ- ten notice of such appeal with the city clerk within ten (10) days from the date of the offending ruling, decision, inter- pretation or order. (b) Upon filing of such notice a time and place for hearing shall be fixed by the electrical appeal board. This time shall be not more than fifteen (15) days after the date of filing notice of appeal. The person making the appeal shall be noti- fied by certified mail of the time and place of such hearing. Hearings on appeal shall be• open to the public, and all inter- ested persons shall be given an opportunity to present their positions. (c) The electrical appeal board by majority vote shall affirm, modify, or reverse any appealed ruling, decision, inter- pretation or order of the electrical inspector. Any person not satisfied with the decision of the electrical appeal board shall have the right to appeal to court as provided by law. (Ord. No. 31-72, § 18, 7-3-72) Sec. 13-9. Connections to power supply restricted. Except where work is done under an annual permit, it shall be unlawful for any person to make connection from a supply of electricity or to supply electricity to any electrical equip- ment for the installation of which a permit is required or which has been disconnected or ordered to be disconnected by the electrical inspector until such connection has been author- ized by the electrical inspector. (Ord. No. 31-72, § 20, 7-3-72) Sec. 13-10. Removal of inspection obstructions. The electrical inspector shall have authority to remove or cause the removal of lath, plaster, boarding or other obstruc7 tions which may prevent the proper inspection of, electrical• apparatus. (Ord. No. 31-72, § 21, 7-3-72) § 1341 DUBUQUE CODE § 13-13 Sec. 13-11. Damage to wires. (a) It shall be unlawful for any owner, workman, contrac- tor or other person not authorized by the electrical inspector, in any manner to cut, damage or otherwise interfere with any wire or apparatus within or upon any building so as to render the same defective in operation, or not in accordance with the rules and provisions of this chapter. (b) When curbs are cut for driveways, and a city owned electrical conductor is traversed, loss of which would necessi- tate the removal of the driveway for repair, the person desir- ing to make such change shall be responsible for installing a satisfactory raceway through which conductors can be removed and replaced without disturbing the driveway. (Ord. No. 31- 72, § 22, 7-3-72) Sec. 13-12. Electrical hazards created during construction and installations. When construction or other installations shall cause existing electrical conductors to be distorted or concealed in such a manner as to create an electrical hazard within the meaning of the provisions of this chapter, it shall become the respon- sibility of the person, firm or corporation creating such hazard to properly correct the electrical hazard or cause the same to be corrected all in accordance with the provisions of this chapter. (Ord. No. 31-72, § 23, 7-3-72) Sec. 13-13. Interference with radio and television reception. (a) Any person installing electrical equipment shall so in- stall such electrical equipment as to be free from interference with radio reception and its associated devices, such as tele- vision. Where such interference is found to exist, the electrical inspector may issue notice for the immediate discontinuance of the use of the equipment in question. (b) Failure to comply with the notice as issued by the electrical inspector shall be deemed as sufficient cause for invoking the penalties of this chapter. (Ord. No. 31-72, § 24, 7-3-72) 776 § 13-14 ELECTRICITY § 13-28 Sec. 13-14. Outdoor lighting.. When outdoor lighting is to be installed, the lights shall be so placed and be of a light intensity or direction as to not provide a glaring light to the driver of a motor vehicle in adjacent streets or to pedestrians. (Ord. No. 31-72, § 24, 7-3-72) Sec. 13-15. Use of living trees as supports prohibited. Living trees shall not be used for the permanent support of electrical conductors or other electrical equipment. (Ord. No. 31-72, § 24, 7-3-72) Sec. 13-16. Power services specifications. All service and meter equipment installations shall meet the requirements of the electric utility regulations and safety rules where they do not conflict with the National Electrical Code and the . National Safety Code. (Ord. No. 31-72, § 25, 7-3-72) 7-3-72) Sec. 13-17. Industrial plant inspections. (a) In industrial plants where experienced electricians are regularly employed and who have charge of the electrical work in such plants, a monthly inspection shall be made by the electrical inspector of the installation of electric wiring, fix- tures, appliances, work and materials used in connection. with the .operation of. work in said plant. (b) A record shall be kept at such plants covering the preceding month. This record shall be filed with the electrical inspector each month prior to the time he makes his regular inspection. Any falsity contained in the reports required to be filed with the electrical inspector shall subject the person re- sponsible therefor to the penalties provided for in this chapter. (c) Any industrial plant to which the provision hereof ap- plies shall pay to the city five dollars ($5.00) per month, or sixty dollars ($60.00) per year. (Ord. No: 31-72, § 11, :7-3-72) Secs. 13-18-13-28. Reserved. 777 § 13-29 DUBUQUE CODE § 13-32 ARTICLE II. ELECTRICAL INSPECTOR* Sec. 13-29. Office created. There is hereby created the office of electrical inspector. (Ord. No. 31-72, § 4, 7-3-72) Sec. 13-30. Qualifications. The person appointed as electrical inspector shall: be of good moral character; be possessed of such executive ability as is requisite for the performance of his duties; have a thorough knowledge of the standard material and methods used in electrical work; be well versed in approved methods of construction for safety to persons and property, the stat- utes of the state relating to electrical work and any orders, rules and regulations issued by authority thereof, and the National Electrical Code, asapproved by the American Nation- al Standards Institute; have had at least five (5) years experi- ence as an electrical inspector or in electrical work, or in lieu of such experience, shall be a graduate in electrical or mechan- ical engineering of an approved college or university and shall have two (2) years practical electrical experience. (Ord. No. 31-72, § 4, 7-3-72) Sec. 13-31. Appointment. The electrical inspector, or assistant electrical inspector, shall be appointed by the city manager. (Ord. No. 31-72, § 4, 7-3-72) Sec. 13-32. Membership in professional organizations. The electrical inspector, during his tenure in office, may hold membership in the International Association of Electrical Inspectors, and may hold membership in the National Fire Protection Association, and with the consent of the manager, may serve on: any electrical committee in these associations *Cross reference—Administration, Ch. 2. 778 § 13-32 ELECTRICITY §,13-46 to which he may be appointed. Membership dues, assessments and necessary expenses in connection with such activities may be paid by the city. (Ord. No. 31-72, § 4, 7-3-72) Sec. 13-33. Engaging in electrical business prohibited. (a) The electrical inspector or any of his assistants shall not engage in the business of the sale, installation or main- tenance of electrical equipment, either directly or indirectly, and they shall have no financial interest in any concern engaged in such business in the city at any time while hold- ing 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. 31-72, § 4, 7-3-72) Sec. 13-34. Enforcement of chapter. It shall be the duty of the electrical inspector to administer and enforce the `provisions of this chapter. He shall keep com- plete records of all permits issued, inspections and reinspec- tions made and other official work performed in accordance with the provisions of this chapter. (Ord. No. 31-72, § 6, 7-3-72) Sec. 13-35. Right -of -entry. The electrical inspector shall have the right, during reason- able hours, to enter any building or premises in the discharge of his official dutiesfor the purpose of making any inspection, reinspection, or test of the electrical equipment contained therein as may be reasonably necessary to protect the public health, safety and welfare. (Ord. No. 31-72, § 15, 7-3-72) Secs. 13-36-13-46. Reserved. 779 § 13-47 DUBUQUE CODE § 13-51 ARTICLE III. ELECTRICAL APPEAL BOARD* Sec. 13-47. Created. There is hereby created an electrical appeal board. (Ord. No. 31-72, § 5, 7-3-72) Sec. 13-48. Appointment; composition; qualifications. (a) The board created by this article shall consist of five (5) members. (b) The members shall be appointed by the city council. (c) 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. 31-72, § 5, 7-3-72) Sec. 13-49. Terms. The term of each member shall be four (4) years. (Ord. No. 31-72, § 5, 7-3-72) Sec. 13-50. Compensation. Necessary and actual expenses shall be allowed to members of the board, but no other compensation shall be paid to them. (Ord. No. 31-72, § 5, 7-3-72) Sec. 13-51. 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 meetings at such times as may be necessary for the proper performance of its duties, but in any case not less than twice a year. *Cross reference—Administration generally, Ch. 2. 780 -' § 13-51 ELECTRICITY § 13-65 (c) Quorum. A quorum of the board shall consist of a majority of its members. (Ord. No. 31-72, § 19, 7-3-72) Secs. 13-52-13-62. Reserved. ARTICLE IV. PERMITS* Sec. 13-63. Required. No electrical work as set out in section 13-2 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. chapter. If plans and specifications are requested by the electrical inspector, they must be in accord with the require- ments of this chapter. (Ord. No. 31-72, § 8, 7-3-72) Sec. 13-64. Suspension of permit privilegefor failure of con- tractor to make application. Where a registered electrical contractor is found doing elec- trical work without an application for electrical permit on three (3) separate occasions in one calendar year, a hearing shall be held by the chief electrical inspector at which time the permit privileges of such electrical contractor may be suspended for a period of time not to exceed one year. The members of the electrical examining board as established by article V, division 2 of this chapter shall be present at such hearings and shall act as advisors to the chief electrical in- spector in determining what course of action should be taken. (Ord. No. 31-72, § 8, 7-3-72) Sec. 13-65. Application. Application for a permit required by this article shall be made to the electrical inspector, on forms provided, prior to beginning the particular work for which they are issued with the exception of emergency work. The application shall include the name and business address of the person that is to do *Cross reference—Licenses, permits and miscellaneous business regula- tions, Ch. 24. 781 § 13-65 DUBUQUE CODE § 13-67 the work, a description of the property where the work is to be done, the name of the owner of such property, the name of the occupant of such property and a general descrip- tion of the materials to be used, and shall specify the par- ticular part or parts of the work which require inspection in conformity with the provisions of this chapter. (Ord. No. 31-72, § 7, 7-3-72) Sec. 13-66. Issuance restricted. A permit required by this article shall be issued only to an electrical contractor registered, or issued a temporary regis- tration under article V of this chapter by the city or to the holder of a maintenance certificate of competency issued to the owner of property on which the work is to be done. How- ever, any permit required by this chapter may be issued to the owner of a single-family dwelling, or a mobile home, used exclusively for living purposes, to do any work regulated by this chapter in such a dwelling or mobile home, including the usual accessory buildings and quarters, provided that the dwelling or mobile home will be occupied by the owner, that the owner appears before the electrical inspector and shows himself competent to do the specific work for which he desires a permit, and that the owner personally shall perform all labor in connection with the work. All work done in accordance with this exception must meet all the requirements of this chapter and shall be inspected as other work. (Ord. No. 31-72, § 9, 7-3-72) Sec. 13-67. Fees. (a) The following permit fees shall be applied and collected prior to a final inspection: (1) Outlets for fixtures, lamps, switches, receptacles, under- floor raceway, dimmer and similar devices, first ten (10), twenty cents ($0.20) each; next fifteen (15), fifteen cents ($0.15) each; over twenty-five (25), ten cents ($0.10) each. 782 § 13-67 E'LECTRICITY § 13-67 (2) Electric ranges, oven or cooking top, and water heaters, heating cable or other heating device, or outlets there- for, each, one dollar ($1.00). (3) Fixtures, medium base socket, lamp holder, tubular lamps such as fluorescent, cold cathode, lumiline and mercury vapor, per fixture, first ten (10), ten cents ($0.10) each; over ten (10), five cents ($0.05) each. (4) Plug-in strip, trol-e-duct, and similar systems, per foot or fraction thereof, five cents ($0.05) . (5) Neon signs, first transformer or sign over two (2) sockets, two dollars ($2.00), each additional transform- er or ballast, one dollar ($1.00). (6) Motors and apparatus including control, 0 to 3/4 H.P., seventy-five cents ($0.75) ; 1 to 2 H.F., one dollar ($1.00) ; 3 to 5 H.P., two dollars ($2.00) ; 6 to 10 H.P., two dollars and fifty cents ($2.50) ; 11 to 20 H.P., three dollars ($3.00) ; 21 to 30 H.P., three dollars and fifty cents ($3.50) ; over 30 H.P., three dollars and fifty cents ($3.50) plus ten cents ($0.10) per H.P. additional. (7) Generators, transformers, reactors, rectifiers, capaci- tors, heaters, converters and similar devices per kilo- watt or kilo -volt ampere or fraction thereof, 0 to 1 KW, one dollar ($1.00) ; over 1 KW, two dollars ($2.00). (8) Sub -panel, each, one dollar ($1.00). (9) Moving pictures and X -Ray machines, high frequency therapeutic apparatus and similar equipment, each, 0 to 1 KW, two dollars ($2.00) ; 1.1 KW, or over, five dollars ($5.00). (10) Permit fees for total capacities of service switches: 0 to 100 amperes, one dollar ($1.00) ; 101 to 600 am- peres, two dollars ($2.00) ; over 600 amperes, four dollars ($4.00) . (11) Each reinspection made necessary by faulty construc- tion, one dollar ($1.00). 783 § 13-67 DUBUQUE CODE § 13-68 (12) Annual permit, sixty dollars ($60.00) ; minimum fee for any permit, seventy-five cents ($0.75) . (13) For failure to report to the inspection department an electrical installation for inspection, for rough -in or completion, a fee of five dollars ($5.00) may be assessed against the permit holder. (14) For failure to be able to make inspection because of incorrect address, one dollar ($1.00). (15) Where an electrical installation has been started prior to the submission of an application for an electrical permit for such work, the normal permit fee as required by this section shall be increased by the amount of fifteen dollars ($15.00). (b) These fees shall be deposited with the city treasurer not later than the last working day of the month in which they were received. A monthly written report of the amounts and sources of the fees shall be made to the city manager. (Ord. No. 31-72, §§ 8, 10, 7-3-72) Sec. 13-68. Annual permits. (a) An annual permit in lieu of the individual permit re- quired under this article shall be issued after application to any person regularly employing one or more registered main- tenance electricians, for the repair and maintenance of elec- trical equipment in or on buildings or premises owned or occupied by the applicant for such permit. (b) An application for an annual permit shall be in writing and shall contain a description of the premises on which the work is to be done under such annual permits. (c) The permittee shall keep a record of all electrical re- pairs and maintenance work done under the permit. This record shall be accessible to the electrical inspector at all reasonable times. (d) All work done under such permit and all electrical wir- ing and installation shall be in conformance with the pro- visions of this chapter. (Ord. No. 31-72, § 11, 7-3-72) 784 § 13-69 ELEICTRICITY § 13-83 Sec. 13-69. Plans and specifications. Plans and specifications showing the proposed work in the necessary detail shall be submitted if requested by the elec- trical inspector. If any application for a permit required by this article is denied, the applicant may submit revised plans and specifications without payment of any additional fee. If, in the course of the work, it is found necessary to make any change from the plans and specifications on which a permit was issued, amended plans and specifications shall be sub- mitted. (Ord. No. 31-72, § 12, 7-3-72) Sec. 13-70. Emergency. In emergency situations work can be initiated and completed by a registered electrical contractor without first submitting an application for a permit required by this article; however, a permit must be obtained within a reasonable time after the passage of the critical period. Reasonable time shall be inter- preted to mean twenty-four (24) hours exclusive of Saturday, Sunday or holiday. Any work completed under this emergency clause or otherwise, shall be done under the provisions of this chapter. (Ord. No. 31-72, § 13, 7-3-72) Secs. 13-71-13-81. Reserved. ARTICLE V. REGISTRATION OF ELECTRICIANS* DIVISION 1. GENERALLY Sec. 13-82. Short title. This article shall be known as the "City of Dubuque, Iowa Electricians Registration Ordinance" and may be so cited. (Ord. No. 30-72, § 1, 7-3-72) Sec. 13-83. Definitions, For use within this article the following words and phrases are defined: *Cross reference—Licenses, permits and miscellaneous business regu- lations, Ch. 24. 785 § 13-83 DUBUQUE CODE § 13-84 Electrical contractor means any person who undertakes, or offers to undertake to plan for, supervise, lay out, and do electrical work for a fixed sum, price, fee, percentage, or other compensation. Electrical equipment means all electrical materials, wiring, conductors, fittings, devices, appliances, fixtures, signs and apparatus or parts thereof. Electrical work means all installations, alterations, repairs, removals, renewals, replacements, connections, disconnections and maintenance of all electrical equipment. Journeyman electrician means a person having the neces- sary qualification, training, experience and technical knowl- edge to do electrical work in accordance with the standard rules and regulations governing such work. Maintenance electrician means a person who has the neces- sary training, experience and technical knowledge to under- take the work of installing, servicing, maintaining, altering and repairing electrical devices, appliances and equipment within the stipulated confines of property owned or controlled by the firm, business or company by whom he is employed. An electrical maintenance certificate of competency may be issued to an individual and will entitle the holder thereof to undertake the work of installing, servicing, maintaining, al- tering and repairing electrical devices, appliances and equip- ment only within the confines of the property owned by such individual for use or application to such property. Registered means registered under this chapter, except as otherwise specified. (Ord. No. 30-72, § 3, 7-3-72) Cross reference—Rules of construction and definitions generally, § 1-2. Sec. 13-84. Purpose, scope. (a) The purpose of this article is to provide for the exam- ination and registration of electrical contractors, journeyman electricians, and maintenance electricians in order to protect public safety, health and welfare. (b) The provisions of this article shall not apply to any regular employee of a public utility who does electrical work 786 § 13-84 ELE'CTRIC'ITY § 13-86 for such public utility only, nor shall they apply to the elec- trical work of a telephone or telegraph company, nor the persons performing electrical work for such a company, where such electrical work is an integral part of the plant used by such telephone or telegraph company in rendering its duly authorized service to the public, nor to any regular employee of any railroad who does electrical work only as a part of that employment. (c) The provisions of this article shall not apply to the replacement of integral parts of equipment or appliances by persons in possession of a valid certificate of competency, issued previously to the person, by the building department of the city, under other pertinent city ordinances. (Ord. No. 30-72, § 2, 7-3-72) Sec. 13-85. Required; exceptions. (a) No person shall perform any electrical work as an elec- trical contractor, journeyman electrician or maintenance elec- trician in the city unless registered as provided in this article. (b) The owner of a single family dwelling (or mobile home) including the usual accessory building and quarters used exclu- sively for living purposes, may do such electrical work without registration as he demonstrates his capability so to do, to the electrical inspector : providing, that, the dwelling (or mobile home) will be occupied by the owner and that a permit is issued as provided in article IV of this chapter. (c) Nothing in this section shall be interpreted to prohibit the employment of any unregistered helpers or apprentices to assist registered contractors, registered journeyman or main- tenance electricians. (Ord. No. 30-72, §§ 8, 14, 19, 7-3-72) Sec. 13-86. Classes. Three (3) classes of registration are hereby established and certificates thereof shall be issued only upon the direction of the board of electrical examiners, which classes shall be desig- nated respectively as : 787 § 13-86 DUBUQUE CODE § 13-88 (1) Class I. Electrical contractors registration shall entitle the holder thereof to engage in the business of elec- trical contracting, and to secure permits for the instal- lation, alteration or repair of any electric wiring, device, appliances or equipment. (2) Class II. Electrical maintenance certificate of compe- tency shall entitle the holder thereof to undertake the work of installing, servicing, maintaining, altering and repairing electrical devices, appliances, and equipment within the stipulated confines of property owned or controlled by the firm, business or company employing such registration holder or within the confines of prop- erty owned by an individual. Class III. Journeyman electricians certificate of com- petency shall entitle the holder thereof to undertake the work of installing, maintaining, altering, altering and repairing electrical devices, appliances and equip- ment in the employ of an electrical contractor, or the holder of an electrical maintenance certificate. (Ord. No. 30-72, § 4, 7-3-72) (3) Sec. 13-87. Applications. All applications for examination for registration under this article shall be accompanied with a fee of five dollars ($5.00), which shall remain the property of the city, whether the applicant passes the examination or not. (Ord. No. 30-72, § 10, 7-3-72) Sec. 13-88. Scope of examination. Applicants for registration under this article will be exam- ined by the board of electrical examiners to determine their knowledge of the rules and regulations governing the instal- lation of electric wiring, devices, appliances and equipment as set forth in the statutes of the state, the ordinances of the city and in the National Electrical Code and to determine the general qualifications and fitness of each applicant for exe- cuting theclass of work covered by the registration applied for. (Ord. No. 30-72, § 11, 7-3-72) 788 § 13-89 ELECTRICITY § 13-91 Sec. 13-89. Reexamination. Should an applicant for registration under this article fail to pass an examination by not obtaining a rating thereon of seventy (70) per cent or higher, such applicant may be reex- amined upon submitting an application in writing accompanied by the five dollar ($5.00) examination fee after a period of sixty (60) days has elapsed from the date of the applicant's last previous examination. (Ord. No. 30-72, § 12, 7-3-72) Sec. 13-90. Issuance of certificate. Examination of an applicant for registration under this article shall be in writing and a complete record of each shall be kept on file for a period of one year after the date of such examination at the office of the secretary of the board of electrical examiners. The board of electrical examiners shall grant registration and shall issue certificates therefor to those applicants certified by the board of electrical examiners ; pro- vided, that, in every case the registration shall not be granted until the prescribed fee has been paid. (Ord. No. 30-72, § 13, 7-3-72) Sec. 13-91. Fees. (a) Before a certificate of registration is granted to any applicant under this article and before an expiring registration is renewed, the applicant shall pay to the city a fee in such an amount as is herein specified for the class of registration to be granted or renewed as follows : (1) Class I, twenty-five dollars ($25.00) ; annual renewal fee, five dollars ($5.00). (2) Class II, twenty dollars ($20.00) ; annual renewal fee, two dollars ($2.00). (3) Class III, two dollars ($2.00) ; annual renewal fee, one dollar ($1.00) . (b) Each registration shall expire on December thirty-first, following the date of its issue and shall be renewed by the electricians examining board upon application of the holder of 789 § 13-91 DUBUQUE CODE § 13-93 , the registration and payment of the required fees any time before or on January first of each year. Renewal of registra- tion shall not be granted to a holder of a registration while indebted to the city under the terms of this article. (c) If there is a lapse of over sixty (60) days from the expiration of a registration renewal, the renewal fee shall be the same as on an original application. (Ord. No. 30-72, § 5, 7-3-72) Sec. 13-92. Accounting for fees. Examination and registration fees paid to the city pursuant to section 13-91 shall be deposited with the city treasurer upon receipt of same. (Ord. No. 30-72, § 15, 7-3-72) Sec. 13-93. Waiver of examination. (a) Any electrical contractor or journeyman electrician, or maintenance electrician, coming to the city from another city or town having similar registration standards and who shall produce credentials showing proper accreditation as an elec- trical contractor or journeyman electrician or maintenance electrician shall, upon approval of such credentials by the board, be excused from the examination required by this arti- cle, and a registration shall be issued to him upon payment of the required fee. (b) The examining board, upon proper application, shall also be empowered to grant a temporary registration to any elec- trical contractor or journeyman electrician, or maintenance electrician who comes into the city from an area not having such similar registration standards upon a showing satisfac- tory to such board of necessary skills and qualifications to undertake the installation or maintenance of special appliances or utilization equipment. Such temporary registration shall be revocable by action of the board of examiners at its option and shall in any event not be effective for a period longer than thirty (30) days. (Ord. No. 30-72, § 16, 7-3-72)1 790 § 13-94 ELECTRICITY § 13-1U4 Sec. 13-94. Display of certificates. Every holder of a registration certificate under this article, except journeyman electricians, shall have his, their or its certificate of registration displayed in a conspicuous place in his, their or its principal place of business. (Ord. No. 30-72, § 6, 7-3-72) Sec. 13-95. Transferability. (a) No registration and certificate issued in accordance with the provisions of this article shall be:,assignable or trans- ferable. (b) It is prohibited for a person holding a registration to transfer it or allow the use of it, directly or indirectly, by any other person. (Ord. No. 30-72, §§ 7, 18, 7'-3-72) 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 holding such registration willfully, or by reason of incompetence, repeatedly violates any statute of the state, or any ordinance or rule or regulation of the city relat- ing to the installation, maintenance, alteration or repair of electric wiring, devices, appliances and equipment. (Ord. No. 30-72, § 7, 7-3-72)1 Secs. 13-97-13-102. Reserved., DIVISION 2. EXAMINING BOARD Sec. 13-103. Created. There is, hereby created a board of electrical examiners. (Ord. No. 30-72, § 9, 7-3-72) 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 791 § 13-104 DUBUQUE CODE § 13-110 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, and one member shall be an electrical engineer. (Ord. No. 30-72, § 9, 7-3-72) Sec. 13-105. Appointment. The city council shall appoint the members of the board created by this division. (Ord. No. 30-72, §, 9, 7-3-72) Sec. 13-106. Terms.' The term of each member of the board created by this division shall be four (4) years. (Ord. No. 30-72, § 9, 7-3-72) 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. 30-72, § 9, 7-3-72) Sec. 13-108. Secretary. The electrical inspector shall serve as secretary to the board createdby 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. 30-72, § 9, 7-3-72) 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. 30-72, § 9, 7-3-72) 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. 792 § 13-110 E'LECTR.ICITY § 13-110 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. 30-72, § 17, 7-3-72) [The next page is 843] 793 Chapter 18 HEALTH AND SANITATION* Art. I. In General, §§ 18-1-18-15 Art. II. Ambulances, §§ 18-16-18-56 Div. 1. Generally, §§ 18-16-18-27 Div. 2. Licenses, §§ 18-28-18-51 Div. 3. City Operated Service, §§ 18-52-18-56 ARTICLE I. IN GENERAL Secs. 18-1-18-15. Reserved. ARTICLE II. AMBULANCES- DIVISION 1. GENERALLY Sec. 18-16. Definitions. Unless otherwise specified, the following terms, when used in this article, shall have the meanings indicated: Ambulance means any privately or publicly owned motor or other vehicle that is specially designed or constructed, and equipped, and is intended to be used for and is maintained or operated for the transportation of patients, except any such motor vehicle owned by, or. operated under the direct control of, the United States. Attendant means a trained and/or qualified individual re- sponsible for the operation of an ambulance and the care of the patients whether or not the attendant also serves as driver. *Cross references—Rabies control system for dogs, Ch. 7, Art. II, Div. 3; food and food handlers, Ch. 16; garbage, trash and refuse, Ch. 17; health officer's enforcement authority in regards to housing regulations, § 22-16; sanitation of food peddler's vehicles, § 28-4; plumbing, Ch. 30; sewers and sewage disposal, Ch. 36, Art. II; water, Ch. 36, Art. IV; weeds, Ch. 37, Art. III. (Cross references—Licenses and miscellaneous business regulations, Ch. 24; privileges of authorized emergency vehicles, § 25-167; duty of drivers upon approach of emergency vehicles, § 25-214. 1Q$3 § 18-16 DUBUQUE CODE § 18-17 Attendant -driver means a person who is qualified as an attendant and a driver. Driver means an individual who drives an ambulance. Dual purpose patrol car means a vehicle, operated by a police or fire department, which is equipped as an ambulance, even though it is also used for patrol or other purposes. Health officer means the director of the city health depart- ment. License officer means the city clerk. Patient means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless. Person means any person, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose or organization of any kind, including any governmental agency other than the United States. (Ord. No. 9,74,, § 1, 2-4-74) Cross reference—Rules of construction and definitions generally, § 1-2. Sec. 18-17. Standards—Generally. Each ambulance shall, at all times when in use as such: (1) Be 'suitable for the transportation of patients from the standpoint of health, sanitation and safety, and be maintained in suitable premises; (2) Contain equipment conforming with the standards, re- quirements and regulations provided for in this article, which equipment shall be in proper and good condition for such .use; (3) Currently comply with all applicable laws and local ordi- nances relating to health, sanitation and safety; (4) Be equipped with such lights, sirens and special mark- ings to designate it as an ambulance as may be pre- scribed in reasonable regulations promulgated by the license officer; and 1084 Chapter 19 HEATING, AIR CONDITIONING AND VENTILATING Sec. 19-1. Code—Adopted. The Heating, Ventilating, Air -Conditioning and Refrigera- tion Code of Dubuque, Iowa, of 1962, hereafter referred to as the "Heating, Ventilating, Air -Conditioning and Refrigera- tion Code," and a true copy of which is attached hereto marked "Exhibit `A" " and by reference included herein, is hereby adopted by reference as a heating, ventilating, air-conditioning and refrigeration code for the city. (Ord. No. 9-62, § 1, 2-19-62) Cross references—Building code adopted, § 10-1; electrical code adopted, § 13-3; fire prevention and protection code adopted, § 14-1; plumbing code adopted, § 30-1. Sec. 19-2. Same—Amendments. The code adopted by section 19-1 of this chapter is amended as set out in this section. Section 6.3.1.3, Automatic Pilots is amended to read as follows : "All gas-fired, manually controlled water heaters and all gas-fired, automatically controlled appliances shall be super- vised by an automatic pilot of the complete shut off type except the following: a. Cooking ranges. b. .Natural gas-fired appliances not installed inside any building or building enclosure; provided the total input to the appliance is under 400,000 BTUH and that the appliance burner is supervised by an approved automatic pilot." (Ord. No. 67-68, § 1, 11-4-68 ; Ord. No. 74-68, § 1, 12-2-68) [The next page is 1199] 1149 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, §§ 21-64-21-76 Art. N. Enforcement, §§ 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. Commissioner means a member of the commission created by article II of this chapter. Court means the district court in and for the judicial dis- trict of the State of Iowa in which the alleged unfair or discriminatory practice occurred or any judge of such court if the court is not in session at that time. Disability means the physical or mental condition of a per- son which constitutes a substantial handicap. In reference to employment, under this chapter, "disability" also means the physical or mental condition of a person which constitutes a substantial handicap, but is unrelated to such person's ability to engage in a particular occupation. Employee means any person employed by an employer. Employer means the state or any political subdivision, board, commission, department, institution, or school district *State law references—State civil rights commission, I.C.A. § 601A.1 et seq.; local regulations, I.C.A. § 601A.12. 1283 § 21-1 DUBUQUE CODE § 21-15 thereof, and every other person employing employees within the state. Employment agency means any person undertaking to pro- cure employees or opportunities to work for any other person or any person holding himself or itself to be equipped to do so. Labor organization means any organization which exists for the purpose in whole or in part of collective bargaining, of dealing with employers concerning grievances, terms, or conditions of employment, or of other mutual aid or protec- tion in connection with employment. Person means one or more individuals, partnerships, asso- ciations, corporations, legal representatives, trustees, receiv- ers, and the state and all political subdivisions and agencies thereof. Public accommodation means each and every place, estab- lishment, or facility of whatever kind, nature, or class that caters or offers services, facilities, or goods to the general public for a fee or charge, provided that any place, establish- ment, or facility that caters or offers services, facilities, or goods to the general public gratuitously shall be deemed a public accommodation if the accommodation receives any sub- stantial governmental support or subsidy. Public accommoda- tion shall not mean any bona fide private club or other place, establishment, or facility which is by its nature distinctly private, except when such distinctly private place, establish- ment, or facility caters or offers services, facilities, or goods to the general public for a fee or charge or gratuitously, it shall be deemed a public accommodation during such period. Unfair practice or discriminatory practice means those practices specified as unfair or discriminatory in article III of this chapter. (Ord. No. 61-71, § 100, 12-6-71) Cross reference—Rules of construction and definitions generally, § 1-2. Secs. 21-2-21-15. Reserved. 1284 § 2146 HUMAN RELATIONS ARTICLE II. HUMAN RIGHTS COMMISSION Sec. 21-16. Created. § 21-20 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 remainder 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)1 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 without being 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 created by this article shall hold at least one regular meeting 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 dis- cussed 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/) 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 1286 § 21-23 HUMAN REI.AT'IONS § 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) Seca 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 records. (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) 1287 § 21-27 DUBUQUE CODE § 21-27 Sec. 21-27. Powers and duties. The commission created by this article shall have the follow- ing powers and duties (1) To receive, investigate, and pass upon charges or com- plaints alleging unfair or discriminatory practices, as provided in article IV of this chapter. (2) To investigate and study the existence, character, causes, and extent of discrimination in public accom- modations, employment, apprenticeship programs, on- the-job training programs, vocational schools, and other educational institutions, and housing in this city and to attempt the elimination of such discrimination by education and conciliation. To appoint and prescribe the duties of a director and such investigators and other employees and agents as the commission shall deem necessary for the enforce- ment of this chapter subject to budget limitations. (4) To hold hearings upon any complaint made against a person, an employer, an employment agency, or a labor organization, or the employees or members thereof, to subpoena witnesses and compel their attendance at such hearings, to administer oaths and take the testimony of any person under oath, and to compel such person, employer, employment agency, or labor organization, or employees or members thereof to produce for examina- tion any books and papers relating to any matter in- volved in such complaint. The commission shall issue subpoenas for witnesses in the same manner and for the same purpose on behalf of the respondent upon his request. Such hearings may be held by the commission, by any commissioner, or by any hearing examiner appointed by the commission. If a witness either fails or refuses to obey a subpoena issued by the commission, the commission may petition the district court having jurisdiction for issuance of a subpoena and the court shall, in a proper case, issue the subpoena. Refusal to obey such subpoena shall be subject to punishment for contempt. (3) 1288 § 21-27 HUMAN RELATIONS § 21-39 (5) To issue such publications and reports of investigations and research as in the judgment of the commission shall tend to promote good will among the various racial, religious, and ethnic groups of the city and which shall tend to minimize or eliminate discrimination in public accommodations, employment, apprenticeship and on-the-job training programs, vocational schools, or housing because of race, creed, color, sex, national origin, religion, or ancestry. (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, or ances- try as it may deem necessary and desirable. 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. 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) (8) (9) Secs. 21-28-21-38. Reserved. ARTICLE III. UNFAIR AND DISCRIMINATORY PRACTICES DIVISION 1. GENERALLY Sec. 21-39. Aiding or abetting chapter violations. It shall be an unfair or discriminatory practice for any. person to intentionally aid, abet, compel, or coerce another 1289 § 21-39 DUBUQUE .C'ODE; § 21-48 person to engage in any of the practices declared unfair or discriminatory by this article. (Ord. No. 61-71, § 204, 12-6-71; Ord. No. 5-73, § 1, 1-29-73) Sec. 21-40. Discrimination against persons aiding in enforce- ment of article prohibited. It shall be unlawful for any person to discriminate against another person in any of the rights protected against dis- crimination on the basis of race, creed, color, sex, national origin, religion or disability by this article because such per- son has lawfully opposed any practice forbidden under this article, obeys the provisions of this article, or has filed a complaint, testified, or assisted in any proceeding under this chapter. (Ord. No. 61-71, § 204, 12-6-71; Ord. No. 5-73, § 1, 1-29-73)0 Sec. 21-41. Sex provisions not applicable to retirement plans; exception. The provisions of this chapter relating to discrimination because of sex shall not be construed to apply to any retire- ment plan or benefit system of any employer unless such plan or system is a mere subterfuge adopted for the purposes of evading the provisions of this chapter. (Ord. No. 61-71, § 304, 12-6-71) Secs. 21-42-21-47. Reserved. DIVISION 2. ACCOMMODATIONS OR SERVICES Sec. 21-48. Prohibited practices. It shall be an unfair or discriminatory practice for any owner, lessee, sublessee, proprietor, manager, or superintend- ent of any public accommodation or any agent or employee thereof (1) To refuse or deny to any person because of race, dis- ability, creed, color, sex, national origin, or religion the accommodations, advantages, facilities, services, or priv- 1290 § 21-48 HUMAN RELATIONS § 21-56 lieges thereof, or otherwise to discriminate against any person because of race, creed, color, sex, national origin, religion, or disability in the furnishing of such accom- modations, advantages, facilities, services or privileges. (2) To directly or indirectly advertise or in any other man- ner indicate or publicize that the patronage of persons of any particular race, creed, color, sex; national origin, religion or disability is unwelcome, objectionable, not acceptable, or not solicited. (Ord. No. 61-71, § 201, 12-6-71; Ord. No. 4-73, § 3, 1-29-73) Sec. 21-49. Exemptions from division. This division shall not apply to : (1) Any bona fide religious institution with respect to any qualifications the institution may impose based on reli- gion when such qualifications are related to a bona fide religious purpose. (2) The rental or leasing to transient individuals of less than six (6) rooms within a single housing accommo- dation if the occupant or owner or members of his family reside therein. (Ord. No. 61-71, § 201, 12-6-71; Ord. No. 4-73, § 3, 1-29-73) Secs. 21-50-21-55. Reserved. DIVISION 3. EMPLOYMENT PRACTICES Sec. 21-56. Prohibited practices. It shall be an unfair or discriminatory practice for any: (1) Person to refuse to hire, accept, register, classify, or refer for employment, to discharge any employee, or to otherwise discriminate in employment against any appli- cant for employment or any employee because of the race, creed, color, sex, national origin, religion or dis- ability of such applicant or employee, unless based upon the nature of the occupation. 1291: § 21-56 DUBUQUE CODE, § 21-63 (2) Labor organizations or the employees, agents, or mem- bers thereof to refuse to admit to membership any applicant, t© expel any member, or to otherwise dis- criminate against any applicant for membership or any member in the privileges, rights, or benefits of such membership because of the race, creed, color, sex, na- tional origin, religion or disability of such applicant or member. (3) Employer, employment agency, labor organization, or the employees, agents, or members thereof to directly or indirectly advertise or in any other manner indicate or publicize that individuals of any particular race, creed, color, sex, national origin, religion or disability are unwelcome, objectionable, not acceptable, or not solicited for employment or membership unless based upon the nature of the occupation. (Ord. No. 61-71, § 202, 12-6-71; Ord. No. 4-73, § 3, 1-29-73) Sec. 21-57. Exemptions from division. This division shall not apply to : (1) Any employer who regularly employs less than four (4) individuals. For purposes of this subsection, individuals who are members of the employer's family shall not be counted as employees. (2) The employment of individuals for work within the home of the employer if the employer or members of his family reside therein during such employment. (3) The employment of individuals to render personal serv- ice to the person of the employer or members of his family. (4) Any bona fide religious institution with respect to any qualifications for employment based on religion when such qualifications are related to a bona fide religious purpose. (Ord. No. 61-71, § 202, 12-6-71; Ord. No. 4-73, § 3, 1-29-73) Secs. 21-58-21-63. Reserved. 1292 § 21-64 HUMAN RELATIONS § 21-65 DIVISION 4. HOUSING Sec. 21-64. Prohibited practices. It shall be an unfair or discriminatory practice for any owner, or person acting for an owner, of rights to housing or real property, with or without compensation, including but not limited to persons licensed as real estate brokers or salesman, attorneys, auctioneers, agents or representatives by power of attorney or appointment, or any person acting under court order, deed of trust, or will: (1) To refuse to sell, rent, lease, assign, or sublease any real property or housing accommodation or part, por- tion or interest therein, to any person because of the race, color, creed, religion, or disability, or national origin of such person. (2) To discriminate against any person because of his race, color, creed, religion, national origin, or disability in the terms, conditions or privileges of the sale, rental, lease assignment or sublease of any real property or housing accommodation or any part, portion or interest therein. (3) To directly or indirectly advertise, or in any other manner indicate or publicize that the purchase, rental, lease assignment, or sublease of any real property or housing accommodation or any part, portion or interest therein, by persons of any particular race, color, creed, religion, national origin or disability is unwelcome, ob- jectionable, not acceptable or not solicited. (Ord. No. 61-71, § 203, 12-6-71; Ord. No. 4-73, § 3, 1-29-73) Sec. 21-65. Exemptions from division. The provisions of this division shall not apply to (1) Any bona fide religious institution with respect to any qualifications it may impose based on religion when such qualifications are related to a bona fide religious purpose. 1293 § 21-65 DUBUQUECODE § 21-77 (2) The rental or leasing of a housing accommodation in a building which contains housing accommodation for not more than two (2) families living independently of each other, if the owner or members of his, family reside in one of such accommodations. (3) The rental or leasing of less than six (6) rooms within a single housing accommodation by the occupant or owner of such housing accommodation, if he or mem- bers of his family reside therein. (Ord. No. 61-71, § 203, 12-6-71; Ord. No. 4-73, § .3, 1-29-73) Secs. 21-66-21-76. Reserved. ARTICLE IV. ENFORCEMENT* Sec. 21-77. Complaint; persons who may make charge; execu- tion; filing. Any person claiming to be aggrieved by a discriminatory or unfair practice within this city may, by himself or his attorney, make, sign, and file with the commission a verified, written complaint in triplicate which shall state the name and address of the person, employer, employment agency, or labor organization alleged to have committed the discriminatory or unfair practice complained of, and which shall set forth the particulars thereof, and shall contain such other information as may be required by the commission. The commission, a commissioner, or the city attorney may in like manner make, sign, and file such complaint. Any place of public accom- modation, employer, labor organization, or other person who has any employees or members who refuse or threaten to refuse to comply with the provisions of this chapter may file with the commission a verified written complaint in triplicate asking the commission for assistance to obtain their compli- ance by conciliation or other remedial action. (Ord. No. 61-71, § 301 (1) (2), 12-6-71) *Cross reference—Administration generally, Ch. 2. 1294 § 21-78 HUMAN RELATIONS § 21-81_ Sec. 21-78. Amendment of complaints. The commission or the complainant shall have the power to reasonably and fairly amend any complaint and the respondent shall have like power to amend his answer, at any time prior to hearing. (Ord. No. 61-71, § 301(9), 12-6-71) Sec. 21-79. Time limitation for filing complaint. Any complaint filed under this article shall be filed within ninety (90) daysafter the alleged discriminatory or unfair practice occurred. (Ord. No. 61-71, § 301(14), 12-6-71) Sec. 21-80. Notice of complaint to state commission; manner of giving notices generally. (a) The secretary of the commission shall immediately notify the state civil rights commission, in writing, of the filing of a charge under this article by forwarding a copy of the charge, and the secretary shall provide such other and further information thereon as from time to time the com- mission shall deem proper. (b) Whenever this article requires the commission or its secretary to notify the state civil rights commission of any matter, it shall be the duty of the secretary of the commis- sion to transmit the notice .or information in writing within five (5) days of the event giving rise to the duty to give notice. or information. (Ord. No. 61-71, § 302, 12-6-71) Sec. 21-81. Notice; investigation. After the filing of a verified complaint, a true copy there- of shall be served by certified U.S. mail to the person against whom the complaint is filed. Then a commissioner or duly authorized member of the commission's staff shall make a prompt investigation thereof and if such investigating offi- cial shall determine that probable cause exists for crediting the allegations of the complaint, the investigating official shall immediately endeavor to eliminate such discriminatory or un- fair practice by conference, conciliation, and persuasion. (Ord. No. 61-71, § 301(3), 12-6-71) 1295 § 21-82 DUBUQUE' CODE Sec. 21-82. Proceedings upon failure to reach settlement by conciliation. (a) In case of failure to satisfactorily settle a complaint by conference, conciliation and persuasion, or in advance thereof, if in the opinion of the investigating official circumstances so warrant, the official may issue and cause to be served a written notice together with a copy of such complaint, as the same may have been amended, requiring the person, employer, employment agency, or labor organization named in such com- plaint, hereafter referred to as respondent, to answer the charges of such complaint in writing within ten (10) days after the date of such notice or within such extended time as the investigating official shall allow. Such notice shall be served by certified U.S. mail. (b) When the investigating official is satisfied that further endeavor to settle a complaint by conference, conciliation, and persuasion shall be futile, the official shall report the same to the commission. If the commission determines that the circumstances warrant, it shall issue and cause to be served a written notice requiring the respondent to answer the charges of such complaint at a hearing before the commission, a commissioner, or such other person designated by the com- mission to conduct the hearing, hereafter referred to as hear- ing examiner, and at a time and place to be specified in such notice. (c) The case in support of such complaint shall be presented at the hearing by one of the commission's attorneys or agents. The investigating official shall not participate in the hearing except as a witness or shall he participate in the deliberations of the commission in such case. (d) The respondent may file a written verified answer to the complaint, and may appear at the hearing in person, with or without counsel, and submit testimony. In the discretion of the hearing examiner, a complainant may be allowed to inter- vene and present testimony in person or by counsel. (e) When a respondent has failed to answer a complaint at a hearing as provided by this section the commission may 1296 § 21-82 HUMAN RELATIONS § 21-84 enter his default. For good reason . shown, the commission may set aside an entry of default within ten (10) days after the date of such entry. If the respondent is in default, the commission may proceed to hear testimony adduced upon behalf of the complainant. After hearing such testimony, the commission may enter such order as in its opinion the evidence warrants. (Ord. No. 61-71, § 3O1(4)—(8),12-6-71) Sec. 21-83. Findings by commission; available remedies; cease and desist order. (a) If, upon taking into consideration all the evidence at a hearing, the commission shall find that respondent has en- gaged in or is engaging in, any discriminatory or unfair practice as defined in this chapter, the commission shall state its findings of fact and shall issue and cause to be served upon such respondent an order requiring such respondent to cease and desist from such discriminatory or unfair practice and to take such affirmative action, including, but not limited to, hiring, reinstatement, or upgrading of employees with or without back pay, the referring of applicants for employment by any respondent employment agency, the admittance' or restoration to membership by any respondent labor organiza- tion, the admission to or continuation in enrollment in an apprenticeship program, on-the-job training program, the post- ing of notices, and the manner of compliance, as in the judg- ment of the commission shall effectuate the purposes of this chapter. (b) If, upon taking into consideration all of the evidence at a hearing, the commission shall find that a respondent has not engaged in any discriminatory or unfair practice, the commission shall state its findings of fact and shall issue and cause to be served an order on the complainant and the respondent dismissing the complaint. (Ord. No. 61-71, § 301 (11), (12), 12-6-71) Sec. 21-84. Provisional remedies. If, any time after the filing of a complaint, it shall appear to the commission that there is reason to believe that the 1297 § 21-84 DUBUQUE CODE § 21-87 party charged has violated this chapter and there is reason to believe that the person charged is about to commit acts which would make impossible his compliance with an order of the commission to alleviate the grievance, the commission may direct its attorney to seek a temporary injunction restraining the party charged from doing these acts pending completion of the proceedings under this chapter. If the commission seeks and obtains such a temporary injunction, the person charged may require the commission to complete action on the case within seven (7) days or such longer period as he shall specify. (Ord. No. 61-71, § 305, 12-6-71) Sec. 21-85. Procedural rules. The commission shall establish rules to govern, expedite, and effectuate the procedures established by this chapter and its own actions thereunder. (Ord. No. 61-71, § 301(13), 12-6- 71) Sec. 21-86. Evidentiary rules. The commission shall not be bound by the strict rules of evidence prevailing in courts of law or equity but the right of cross-examination shall be preserved. Complainant shall bear the burden of proving the allegations in his complaint. The testimony taken at a hearing shall be under oath, reported, and, if ordered by the commission, transcribed. (Ord. No. 61.71, § 301(10), 12-6-71) Sec. 21-87. Judicial review; enforcement actions. (a) Judicial review of the actions of the commission may be sought in accordance with the terms of the Iowa Adminis- trative Procedure Act. Notwithstanding the terms of such Act, petition for judicial review may be filed in the district court in which an enforcement proceeding under paragraph (b) of this section may be brought. (b) The commission may obtain an order of court for the enforcement of commission orders in a proceeding as provided in this section. Such an enforcement proceeding shall be 1298 § 21-87 HUMAN RELATIONS § 21-87 brought in the district court of the district in the county in which the alleged discriminatory or unfair practice which is the subject of the commission's order was committed, or in which any respondent required in the order to cease or desist from a discriminatory or unfair practice or to take other affirmative action, resides, or transacts business. (c) Such an enforcement proceeding shall be initiated by the filing of a petition in such court and the service of a copy thereof upon the respondent. Thereupon, the commission shall file with the court a transcript of the record of the hearing before it. The court shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceedings set forth in such transcript an order en- forcing, modifying, and enforcing as so modified, or setting aside the order of the commission, in whole or in part. (d) An objection that has not been urged before the com- mission shall not be considered by the court in an enforcement proceeding unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. (e) Any party to the enforcement proceeding may move the court to remit the case to the commission in the interests of justice for the purpose of adducing additional specified and material evidence and seeking findings thereof, providing such party shall show reasonable grounds for the failure to adduce such evidence before the commission. (f) In the enforcement proceeding the court shall determine its order on the same basis as it would in a proceeding review- ing commission action under section 17A.19, subsection 8, 1975 Code of Iowa. (g) The commission's copy of the testimony shall be avail- able to all parties for examination at all reasonable times, without cost, and for the purpose of judicial review of the commission's orders. (h) The commission may appear in court by its own attor- ney. 1299 § 21-87 DUBUQUE CODE § 21-87 (i) Petitions filed under this section shall be heard expedi- tiously and determined upon the transcript filed without re- quirement for printing. (j) If no proceeding to obtain judicial review is instituted within thirty (30) days from the service of an order of the commission under section 21-83 of this chapter the commis- sion may obtain an order of the court for the enforcement of such order upon showing that respondent is subject to the jurisdiction of the commission and resides or transacts busi- ness within the county in which the petition for enforcement is brought. (Ord. No. 61-71, § 303, 12-6-71; Ord. No. 34-75, § 1, 8-11-75) [The next page is 1351] 1300 Chapter 24 LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS* Art. I. In General, §§ 24-1-24-24 Art. II. Central Market, §§ 24-25-24-45 Art. III. Fortunetellers, Etc., §§ 24-46-24-59 Art. IV. Going -Out -of -Business Sales, §§ 24-60-24-77 Art. V. Rat Control, §§ 24-78-24-97 Art. VI. Weights and Measures, §§ 24-98-24-111 ARTICLE 1. IN GENERAL Sec. 24-1. Definitions. For the purposes of this chapter the following definitions shall apply: *Cross references—Advertising, Ch. 3; sign permit required, § 3-64; sign license required, § 3-67; liquor control licenses and beer permits required, § 5-19; billiard and pool hall licenses required, § 6-29; bowling alley licenses required, § 6-44; circus, carnival and menageries permits required, § 6-58; license required for open-air shows, § 6-76; public dance hall licenses required, § 6-91; occasional dance permits, § 6-94; shooting gallery licenses required, § 6-114; license required for theater and other halls, § 6-128; license required for roller skating rinks, § 6-146; dog license, Ch. 7, Art. II, Div. 2; auctions and auctioneers, Ch. 8; bicycle registration, Ch. 9, Art. II; electrical permit, Ch. 13, Art. IV; registration of electricians, Ch. 13, Art. V; gasoline service station licenses, Ch. 14, Art. III, Div. 2; permit fees for food service establish- ments, § 16-16; permit fees for milk plants, § 16-36; milk plant licenses, Ch. 16, Art. IV, Div. 2; private garbage collectors license, Ch. 17, Art. II, Div. 2; licenses for private landfill sites, § 17-75; rooming houses, hotels and motels, Ch. 20, Art. V; housing permits, Ch. 20, Art. VI; li- censes for junk dealers, Ch. 22, Art. II; motor vehicles drivers license required, § 25-139; blasting permits, Ch. 26, Art. II, Div. 2; noises, variance permits, Ch. 26, Art. VII, Div. 2; permits required for as- semblies, § 26-29; construction permits required for construction along the water front, § 26-112; permits for the water front required, § 26-113; peddlers and transient merchants, Ch. 28; plumbing permits, Ch. 30, Art. III; master plumbers license required, § 30-71; curb and driveway con- struction permits, Ch. 33, Art. II, Div. 2; street excavations permits, Ch. 33, Art. III, Div. 2; permits required for private sewage disposal systems, § 36-43; licenses required for tree trimmers, § 37-12; taxicab licenses and permits, Ch. 38, Art. II, Div. 2. 1459 § 24-1 DUBUQUE CODE ,§ 24-3 Christmas tree merchants shall mean any business engaged in the sale of Christmas trees at a temporary location. (Ord. No. 52-55, § 3, 9-6-55) Cross reference—Rules of construction and definitions generally, § 1-2. Sec. 24-2. Licenses—Required. It shall be unlawful for any person to engage in any busi- ness or vocation for which a license is required by this chapter or any other provision of this Code without first procuring a license therefor and paying the license fee or fees as prescribed for such business or vocation by this chapter or other pro- vision of this Code. (Ord. No. 52-55, § 1, 9-6-55) Sec. 24-3. Same—Miscellaneous businesses. Licenses are required and fees shall be paid, as indicated, for the following businesses and vocations: (1) Sale of Christmas trees by temporary merchants, ten dollars ($10.00) for the season. (2) Hotel, motel, rooming or lodging house, for transients, containing less than thirty (30) rooms, five dollars ($5.00) per year; more than twenty-nine (29) but less than fifty (50) rooms, seven dollars and fifty cents ($7.50) per year; more than forty-nine (49) but less than seventy (70) rooms, twelve dollars and fifty cents ($12.50) per year; more than sixty-nine (69) but less than one hundred (100) rooms, twenty dollars ($20.00) per year; more than ninety-nine (99) but less than two hundred. (200) rooms, thirty-seven dollars and fifty cents ($37.- 50) per year; and more than one hundred ninety-nine (199) rooms, seventy-five dollars ($75.00) per year. Lunch wagon, fifty dollars ($50.00) per year. (Ord. No. 52-55, § 4, 9-6-55) (3) 1460 § 24-82 LICENSES, BUSINESS REGULATIONS § 24-84 (b) The health officer shall make periodic inspection at intervals of not more than forty-five (45) days of all rat - proofed buildings to determine evidence of rat infestation and the existence of new breaks or leaks in their ratproofing and when any evidence is found indicating the presence of rats or openings through which rats may again enter business buildings, the health officer shall serve the owners or occu- pants with notice and/or orders to abate the conditions found. (Ord. No. 43-49, § 9, 12-12-49) Sec. 24-83. Removal of ratproofing prohibited. It shall be unlawful for an occupant, owner, contractor, public utility company, plumber or any other person to remove and fail to restore in like condition the rat -proofing from any business building for any purpose. Further, it shall be unlaw- ful for any person or agent to make any new openings that are not closed or sealed against the entrance of rats. (Ord. No. 43-49, § 9, 12-12-49) Sec. 24-84. Construction restricted; occupancy of non -comply- ing buildings restricted. (a) It shall be unlawful for any person to construct, repair or remodel any building, dwelling, stable or market, or other structure whatsoever, unless such construction, repair, remod- eling or installation shall render the building or other structure ratproof in accordance with the regulations prescribed in and under this article. The provisions of this section apply only to such construction, repairs, remodeling or installation as affect the ratproof condition of any building or other struc- ture. (b) It shall be unlawful for any person to occupy any busi- ness building wherein foodstuffs are to be stored, kept, han- dled, sold, held or offered for sale without complying with paragraph (a) of this section of this article; and unless the provisions of paragraph (a) of this section are complied with no city license or permit to conduct or carry on such business as defined above will be issued. (Ord. No. 43-49, §§ 10, 11, 12-12-49) Cross reference—Buildings and building regulations, Ch. 10. 1471 § 2'4-85 DUBUQUE; CODE § 24-97 Sec. 24-85. Storage of animal food restricted. All food and feed within the city for feeding chickens, cows, pigs, horses, and other animals shall be stored in rat- free and ratproof containers, compartments, or rooms unless stored in a ratproof building. (Ord. No. 43-49, § 12, 12-12-49) Sec. 24-86. Garbage and refuse storage and accumulation re- stricted. (a) Within the corporate limits of the city all garbage or refuse consisting of waste animal or vegetable matter upon which rats may feed, and all small dead animals, shall be placed and stored until collected in covered metal containers of a type prescribed by the health officer. (b) It is unlawful for any person to dump or place on any premise, land or waterway, any dead animals, or any waste vegetable or animal matter of any kind. (c) It shall be unlawful for any person to place, leave, dump, or permit to accumulate any garbage, rubbish or trash in any building or on any premises, improved or vacant, or on any open lot or alley in the city so that the same shall or may afford food or harborage for rats. (d) It shall be unlawful for any person to permit to accumu- late on any premises, improved or vacant, or on any open lot or alley in the city any lumber, boxes, barrels, bottles, cans, containers or similar material that may be permitted to remain thereon unless same shall be placed on open racks that are elevated not less than eighteen (18) inches above the ground, and evenly piled or stacked. (Ord. No. 43-49, §§ 13-15, 12-12-49) Cross reference—Garbage, trash and refuse, Ch. 17. Secs. 24-87-24-97. Reserved. 1472 § 24-98 LICENSE'S, BUSINESS REGULATIONS § 214-101 ARTICLE VI. WEIGHTS AND MEASURES* Sec. 24-98. City sealer. The market master is hereby appointed city sealer. He shall take charge of and provide for the safe keeping of all stand- ards of weights and measures which may be obtained from any state department, and see that the weights, measures and all apparatus used for determining the quantity of commodities sold throughout the city agree with the standards in his possession. (Ord. No. 207, § 12, 8-10-28) Cross reference—Administration, Ch. 2. State law reference—Authority, I.C.A. § 213.5. Sec. 24-99. Standard established. The weights and measures which have been approved, stand- ardized and adopted by the state shall be the standard weights and measures to be used in the sale of all products required to be sold by weight or measure in the city. (Ord. No. 207, § 1, 8-10-28) Sec. 24-100. Sales to be by standard weight or measure. Sales of commodities bought or sold by weight or measure shall be bought or sold only by the standards established in this article, unless the vendor and vendee otherwise agree. Sales by weight shall be avoirdupois weight unless troy weight is agreed upon by the vendor and vendee. (Ord. No. 207, § 7, 8-10-28), Sec. 24-101. Dry commodities. All dry commodities unless bought or sold in package or wrapped form shall be bought or sold only by the standard weight or measure provided by the laws of the state, or by numerical count, unless the parties otherwise agree in writing; provided, however, that the following articles are exempt therefrom: (1) Drugs and section honeycomb; *State law reference_—Weights and measures, I.C.A. § 210.1 et seq. 1473 § 24-101; DUBUQUE CODE, § 24-105 (2) When any of the commodities enumerated in section 210.10, Code of Iowa are sold by the basket or frac- tional part thereof, except when sold as provided in subsections (3) and (4) of this section, the measure shall be determined by avoirdupois weight and shall be computed as provided for in such subsections; (3) Raspberries, cherries, strawberries and similar berries, also onion sets in quantities of one peck or less, may be sold by the quart, pint, or half pint; and (4) Grapes, other fruits and vegetables may be sold in climax baskets, but such :containers shall be labeled with the net weight of the contents thereon. (Ord. No. 207, § 2, 840-28) Sec. 24-102. Berry boxes and climax baskets. Berry boxes offered for sale or used must have an interior capacity of one quart, pint, or half pint dry measure. Climax baskets offered for sale or used must be of the standard size provided by section 210.13 of the Code of Iowa. (Ord. No. 207, § 3, 8-10-28) Sec. 24-103. Bottomless dry measures. Bottomless dry measures shall not be used unless they con- form in shape to the U.S. Standard dry measures. (Ord. No. 207, § 4, 8.10-28) Sec. 24-104. Milk bottles. The standard bottle used for the sale of milk or cream shall be ®f a capacity of one gallon, one-half (1/2) gallon, three (3) pints, one quart, one pint, one-half (1/2) pint, one-third (1/3) quart and one gill, filled full to the bottom of the lip. (Ord. No. 207, § 5, 8-10-28) Sec. 24-105. Flour. A barrel of flour shall consist of one hundred ninety-six (196) pounds avoirdupois, and one-fourth (1/4) barrel consist - 1474 Chapter 25 MOTOR VEHICLES AND TRAFFIC* Art. I. In General, §§ 25-1-25-15 Art. II. Administration and Enforcement, §§ 25-16---25-42 Div. 1. Generally, §§ 25-16-25-27 Div. 2. Traffic -Control Devices, §§ 25-28-25-42 Art. III. Accidents, §§ 25-43-25-58 Art. IV. Noise Control, §§ 25-59-25-76 Art. V. Motor Vehicles, §§ 25-77-25-138 Div. 1. Generally, §§ 25-77-25-98 Div. 2. Equipment, §§ 25-99-25-138 Art. VI. Operation, §§ 25-139-25-235 Div. 1. Generally, §§ 25-139-25-195 Div. 2. Overtaking and Passing, §§ 25-196-25-206 Div. 3. Right -of -Way, §§ 25-207-25-219 Div. 4. Speed, §§ 25-220-25-235 Art. VII. Pedestrians, §§ 25-236-25-255 Art. VIII. Stopping, Standing and Parking, §§ 25-256-25-343 Div. 1. Generally, §§ 25-256-25-285 Div. 2. Municipal Parking Garages, §§ 25-286-25-303 Div. 3. Municipal Parking Lots, §§ 25-304-25-320 Div. 4. Parking Meters, §§ 25-321-25-337 Div. 5. Restrictions During Snow Removal, §§ 25-338-25- 343 ARTICLE I. IN GENERAL Sec. 25-1. Short title. For identification and convenience, this chapter shall be known as "the Traffic Code" and all prosecutions hereunder may be thus referred to. (Ord. No. 33-49, § 0.2, 9-6-49) Sec. 25-2. Definitions. The following words and phrases, when used in this chapter, shall, for the purpose of this chapter have the meanings re- spectively ascribed to them in this section: *Cross references—General penalty for Code violations, § 1-8; admin- istration generally, Ch. 2; placing of bills, etc., in vehicles prohibited, § 3-19; bicycle riders required to obey traffic rules, § 9-10; peddling from vehicles restricted, § 28-2; police, Ch. 31; railroads, Ch. 32; streets, sidewalks and other public places, Ch. 33; transit authority, Ch. 36, Art. III; vehicles for hire, Ch. 38. 1527 § 25-2 DUBUQUE CODE § 25-2 Alley means a thoroughfare laid out, established and plat- ted as such by constituted authority. Authorized emergency 'vehicle means vehicles of the fire department, police vehicles, ambulances and emergency vehi- cles owned by the United States, this state or any subdivision of this state or any municipality therein, and such privately owned ambulances, rescue or disaster vehicles as are desig- nated or authorized by the commissioner. Bicycles means any two -wheeled vehicles propelled by foot power. Business district means the territory contiguous to and in- cluding a highway when fifty (50) percent or more of the frontage thereon for a distance of three hundred (300) feet or more is occupied by buildings in use for business. Chauffeur means any person who operates a motor vehicle in the transportation of persons, including school busses, for wages, compensation or hire, or any person who operates a truck tractor, road tractor or any motor truck which is re- quired to be registered at a gross weight classification exceed- ing five (5) tons, or any such motor vehicle exempt from registration which would be within such gross weight classifi- cation if not so exempt except when such operation by the owner or operator is occasional and merely incidental to his principal business. Subject to the provisions of section 321.- 179, 21:179, Code of Iowa, a farmer, or his hired help, shall not be deemed a chauffeur, when operating a truck owned by him, and used exclusively in connection with the transportation of his own products or property. Commercial vehicle means every vehicle designed, main- tained or used primarily for the transportation of property. Commissioner means the comissioner of public safety of the state. Crosswalk means that portion of a roadway ordinarily in- cluded within the prolongation or connection of the lateral State law references—Motor vehicles and law of the road, I.C.A. § 321.1 et seq.; powers of local authorities, I.C.A. § 321.236. 1528 § 25-86 MOTOR VEHICLES AND TRAFFIC § 25-90 more than three (3) feet beyond the front wheels of such vehicle or the front bumper of such vehicle if it is equipped with such bumper. (Ord. No. 33-49, § 20.6, 9-6-49) State law reference—Similar provisions, I.C.A. § 321.458. Sec. 25-87. Same—Spilling loads on streets. No vehicle shall be driven or moved on any street unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a street in cleansing or maintaining such road- way. (Ord. No. 33-49, § 20.7, 9=6-49) Cross reference—Streets, sidewalks and other public places, Ch. 33. State law reference—Similar provisions, I.C.A. § 321.160. Sec. 25-88. Same—Vehicles entering city from Illinois. A motor vehicle or combination of motor vehicles entering the corporate limits of the city from the state of Illinois may be operated upon the streets and highways of the city, irre- spective of the weight and length limitations imposed by the laws of this state if the length and weight of the motor vehicles or combination of motor vehicles is in conformity with the laws relating to the length and weight of motor vehicles effective in the state of Illinois as of July 1, 1974. (Ord. No. 33-49, § 20.8, 9-6-49; Ord. No. 50-74, § 1, 8-12-74) Sec. 25-89. Vandalism. Any person who either individually or in association with one or more other persons willfully injures or tampers with any vehicle or breaks or removes any part or parts of or from a vehicle without the consent of the owner is guilty of a misdemeanor. (Ord. No. 33-49, § 15.13, 9-6-49) Sec. 25-90. Repairs. No person shall repair or cause to be repaired any vehicle in the streets or alleys, except in cases of emergency. (Ord. No. 33-49, § 15.27, 9-6-49) 1551 § 25-91 DUBUQUECODE § 25-100 Secs. 25-91-25-98. Reserved. DIVISION 2. EQUIPMENT Sec. 25-99. When lighted lamps required. (a) Every motor vehicle upon a street within the city, at any time from sunset to sunrise, and at such other times when conditions such as fog, rain, snow, or sleet provide insufficient lighting to render clearly discernible persons and vehicles on the street at a distance of five hundred (500) feet ahead shall display lighted head lamps as provided in section 25-100 of this division, subject to exceptions with respect to parked vehicles as provided in this chapter. (b) Whenever requirements are hereinafter declared as to the distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible, said provisions shall apply during the times stated in paragraph (a) of this section upon a straight, level, un- lighted highway under normal atmospheric conditions unless a different time or condition is expressly stated. (Ord. No. 33-49, §§ 17.1, 17.2, 9-6-49; Ord. No. 43-66, § 1, 9-6-66; Ord. No. 26-72, § 1, 5-1-72) State law reference—Similar provisions, I.C.A. § 321.384. Sec. 25-100. Head lamps on motor vehicles. (a) Every motor vehicle other than a motorcycle shall be equipped with at least two (2) head lamps with at least one on each side of the front of the motor vehicle, which head lamps shall comply with the requirements set forth in this division. (b) At all times specified in section 25-99 (a), at least two (2) lighted lamps shall be displayed, one at each side at the front of every motor vehicle except when such vehicle is parked subject to the regulations governing lights on parked vehicles. (Ord. No. 33-49, §§ 17.3, 17.4, 9-6-49) State law reference—Similar provisions, I.C.A. §§ 321.384, 321.419. 1552 § '2'5455' MOTOR VEHICLES:AND ' i'RAFFIC §• 25-158 Sec. 25-155. Crossing fire hose. No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street or private drive- way, to be used at any fire or alarm of fire, without the con- sent of the fire department official in command. (Ord. No. 33-49, § 15.7, 9-6-49) Cross reference—Fire department, Ch. 14, Art. II. State law reference—Similar provisions, I.C.A. § 321.368. Sec. 25-156. Cleaning up wrecks. Any person removing a wrecked or damaged vehicle from a street shall remove any glass or other injurious substance dropped upon the street from such vehicle. (Ord. No. 33-49, § 15.10, 9-6-49) State law reference -Similar provisions, I.C.A. § 321.371. Sec. 25-157. Entering, tampering with unattended vehicle. Any person who with intent to commit any malicious mis- chief, injury, or other crime climbs into or upon a vehicle whether it is in motion or at rest or with like intent attempts to manipulate any of the levers, starting mechanism, brakes or other mechanism or device of a vehicle while the same is at rest and unattended or with, like intent sets in motion any ve- hicle while the same is at rest and unattended is guilty of a misdemeanor. (Ord. No. 33-49, § 15.14, 9-6-49) Sec. 25-158. Driving unsafe vehicles, etc. It shall be unlawful for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any street any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter or which is equipped in any manner in violation thereof. (Ord. No. 33-49, § 15.15, 9-6-49) State law reference --Similar provisions, I.C.A. §321.381. 1571 § 25-159 DUBUQUE CODE § 25-162 Sec. 25-159. Sale of unsafe vehicles, etc. No person shall have for sale, sell, or offer for sale any motor vehicle, trailer or semitrailer which is in such unsafe condition as to endanger any person or which does not contain those parts or is not at all times equipped with such lamps and brakes and other equipment in proper condition and adj ust- ment as required in this chapter, or which is equipped in any manner in violation of this chapter. (Ord. No. 33-49, § 15.17, 9-6-49) Sec. 25-160. Upgrade pulls; minimum speed. No motor vehicle or combination of vehicles, which cannot proceed up a three (3) percent grade, on dry concrete pave- ment, at a minimum speed of twenty (20) miles per hour, shall be operated on the streets of the city. (Ord. No. 33-49, § 15.16, 9-6-49) State law reference—Similar provisions, I.C.A. § 321.382. Sec. 25-161. Drawbars and safety chains. (a) When one vehicle is towing or pulling another vehicle, the drawbar or other connection shall be of sufficient strength to pull all weight towed thereby, and shall be fastened to the frame of the towing vehicle in such manner as to prevent side - sway, and in addition to such principal connection there shall be a safety chain which shall be so fastened as to be capable of holding the towed vehicle should the principal connection for any reason fail. (b) The connection between a truck tractor and a semi- trailer with a gross weight of three thousand (3,000) pounds or more shall be of a type approved by the commissioner, and the commissioner is hereby given authority to approve or dis- approve such types of connection submitted to him. (Ord. No. 33-49, § 15.18, 9-6-49) State law reference—Similar provisions, I.C.A. § 321.462. Sec. 215-162. Heavy vehicles prohibited on certain streets. When signs are erected giving notice thereof no person shall, operate a vehicle of five (5) tons gross weight, or over, on 1572 § 25-162 MOTOR VEHICLES AND TRAFFIC § 25-166 those streets or portions thereof designated from time to time, except intra -city busses and vehicles actually engaged in mak- ing deliveries to or servicing such streets and the businesses, residences or other establishments actually abutting on such streets. (Ord. No. 33-49, .§ 15.19, 9-6-4.9 Ord. No. 53-59, § 1, 10-5-59) 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. 25-164. 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) 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, § 15.2&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) 1573 :§ 25-167 DUBUQUE CODE § 25-16.7 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 direction of move- ment 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 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 come- quences of his reckless disregard for the safety of 1574 § 25-200 MOTOR VEHICLES AND TRAFFIC § 25-207 (3) the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is sign posted to give notice of such allocation. Official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction and driv- ers of vehicles shall obey the directions of every such sign. (4) Vehicles moving in a lane designated for slow-moving traffic shall yield the right-of-way to vehicles moving in the same direction in a lane not so designated when such lanes merge to form a single lane. (5) A portion of a highway provided with a lane for slow- moving vehicles does not become a roadway marked for three (3) lanes of traffic. (Ord. No. 33-49, § 10.5, 9.6-4.9) State law reference—Similar provisions, I.C.A. § 321.306. Secs. 25-201-25-206. Reserved. DIVISION 3. RIGHT-OF-WAY Sec. 25-207. Entering intersections from different highways. (a) When two (2) vehicles enter an intersection from dif- ferent highways or public streets at approximately the same time, the driver of the vehicle on the left shall yield the right- of-way to the vehicle on the right. (b) The foregoing rule is modified at through highways and otherwise as provided in this chapter and chapter 321 of the Iowa Code. (Ord. No. 33-49, § 12.1, 9-6-49; Ord. No. 42-70, § 1, 8-17-70) State law reference—Similar provisions, I.C.A. § 321.319. 1585 § 25.208 DUBUQUE COD!F § 25-210 Sec. 25-208. Left turns at intersections. The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to all vehicles approaching from the opposite direction which are within the section or so close thereto as to constitute an immediate hazard. Then said driver, having so yielded and having given a signal when and as :re- quired bythis chapter, may make such left turn. (Ord. No. 33-49, § 12.2.9-6-49 ; Ord. No. 42-66, § 1, 9-6-66) State law reference—Similar provisions, I.C.A. § 321.320. Sec. 25-209. Entering through streets. (a) Except where yield signs are erected, the driver of a vehicle shall stop as required by this chapter at the entrance to a through street and shall yield the right-of-way to other vehicles which have entered the intersection from such through street or which are approaching so closely on such through street as to constitute a hazard, but such driver hav- ing so yielded may proceed cautiously and with due care enter such through street. (b) Those streets and parts of streets designated as such from time to time are hereby declared to be through streets for all purposesof this section. (Ord. No. 33-49, § 12..3, 9-6-49; Ord. No. 45-59, § 3, 9-8-59) 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, lout may then proceed. (b) Those intersections designated as such from time to time are hereby declared to be "stop intersections" for all pur- poses of this section. (Ord. No. 33-49, § 12.4, 9-6-49) State law reference -Similar provisions, LC.A. § 321.322. 1586 § 25-211 MOTOR VEHICLES AND TRAFFIC . § 25-213 Sec. 25-211. Stop signs to be erected at entrances to through streets and stop intersections; stop required. Stop signs shall be erected at entrances to through streets and at one or more entrances to stop intersections. Every driver of a vehicle shall stop at such sign or at a clearly marked stop line before entering an intersection, except when directed to proceed by a peace officer or traffic -control signal: (Ord. No. 33-49, § 12.5, 9-6-49) Sec. 25-212. Yield intersections. (a) The driver of a vehicle approaching a yield sign at a "yield" intersection shall slow down to a speed reasonable for the existing conditions or shall stop, if necessary, and shall yield the right-of-way to any pedestrian legally': crossing the roadway and to any vehicle in the intersection or approaching so closely as to constitute a hazard. Said driver having 'so yielded may proceed with caution, (b) Those intersections designated as such from time to time are hereby declared "yield intersections" for alt purposes of this section. (c) Yield signs shall be erected at the specified entrances to the yield intersections designated as such from time to time and shall be located as near as practical to the property line of the highway at the entrance at which the yield must be made, or at the nearest line of the crosswalk thereat, or, if none, at the nearest line of the roadway. (Ord. No. 33-49, §§ 12.9, 12.10, 9-6-49; Ord. No. 45-59, § 1, 9,-8-59) State law reference—Similar provisions, I.C.A. § 321.322. Sec. 25-213. Entering street from private roadway. (a) The driver of a vehicle emerging from a private road- way, alley, driveway or building shall stop such vehicle im- mediately prior to driving on the sidewalk area and thereafter he shall proceed into the sidewalk area only when he can do so without danger to pedestrian traffic, and he shall yield the right-of-way to any vehicular traffic on the street into which his vehicle is entering. 1587 § 25-213 DUBUQUE CODE § 25-220 (b) The driver of a vehicle about to enter or cross a high- way from a private road or driveway shall stop such vehicle immediately prior to driving on such highway and shall yield the right-of-way to all vehicles approaching on such highway. (Ord. No. 33-49, § 12.6, 9-6-49) State law reference—Similar provisions, I.C.A. § 321.353. Sec. 25-214. Operation on approach of emergency vehicles. (a) Upon the immediate approach of an authorized emer- gency vehicle with any lamp or device displaying a red light or flashing red light from directly in front thereof, or when the driver is giving audible signal by siren, exhaust whistle, or .bell, the driver of every other vehicle shall yield the right-of- way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the street clear of any intersections and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. (b) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. (Ord. No. 33-49, § 12.7, 9-6-49) Cross reference—Ambulances, Ch. 18, Art. II. State law reference -Similar provisions, I.C.A. § 321.324. Secs. 25-215-25-219. Reserved. DIVISION 4. SPEED Sec. 25-220. Limits generally. (a) Any person driving a motor vehicle on any street of this city shall drive the same at a careful and prudent speed not greater than or less than is reasonable and proper, having due regard to the traffic surface and width of the streets and of any other conditions then existing, and no person shall drive any vehicle at a speed greater than will permit such person to bring it to a stop within the assured clear distance ahead, such driver having the right to assume, however, that all persons using such streets will observe the law. 1588 § 25-220 MOTOR VEHICLES AND TRAFFIC § 25-222 (b) The following shall be lawful speed except as otherwise provided in this Code or other ordinance of the city, and any speed in excess thereof shall be unlawful. (1) Twenty (20) miles per hour in any business district. (2) Twenty-five (25) miles per hour in any residence or school districts. (3) Forty (40) miles per hour for any motor vehicle draw- ing another vehicle in any district or on any street where the lawful speed is in excess of forty (40) miles per hour. (4) Forty-five (45) miles per hour in any suburban district. (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) 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 rate: (1) When approaching and passing a person walking in the traveled portion of a public street. (2) When approaching and passing an animal which is being led, ridden, or driven upon a street. (3) When approaching and traversing a crossing or inter- section of public streets, or a bridge, or a sharp turn or curve, or a steep descent, in a public street. (4) When approaching and passing a fusee, flares, red re- flector, electric lanterns, red reflectors or red flags which are displayed on the roadway with section 321.- 448 of the Iowa Code. (Ord., No. 33::-49, § 8.2, 9-6-49) State law reference—Similar provisions, I.C.A. § 321.448. Sec. 25-222. Minimum speed. No person shall drive a motor vehicle at .such a slow speed as to impede or block the normal and reasonable movement of 1589 § 25-222 DUBUQUE CODE. ? § 25-236. traffic except when reduced speed is necessary for safe opera- tion or in compliance with law. Peace officers are hereby au- thorized to enforce this provision by direction to drivers, and in the event of apparent willful disobedience to this provision and refusal to comply with directions of an officer in ac- cordance herewith the continued slow operation by a driver shall be punishable as provided in section 1-8 of this Code. (Ord. No. 33-49, § 8.6, 9-6-49) State law reference—Similar provisions, I.C.A. § 321.294. Sec. 25-223. Signs to be erected. On all streets other than primary roads and extensions of primary roads there shall be erected by the city suitable standard signs showing the points at which the rate of speed changes and the maximum rate of speed in the district which the vehicle is entering. (Ord. No. 33-49, § 8.5, 9-6-49) Sec. 25-224. Speeding violation form. In every charge of violation of section 25-220, the informa- tion, also the notice to appear, shall specify the speed at which the defendant is alleged to have driven, also the speed limit applicable within the district or at the location. (Ord. No. 33-49, § 8.4, 9-6-49) Secs. 25-225-25-235. Reserved. ARTICLE VII. PEDESTRIANS Sec. 25-236. Right-of-way. Where the traffic -control signals are not in place or in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the street within any marked crosswalk or within any unmarked crosswalk at an intersection, except as other- wise provided in this chapter. (Ord. No. 33-49, § 14.2, 9"6-49) State law reference—Similar provisions, I.C.A. § 321.327. 1590 § 25-262 MOTOR VE'HIC'LES AND TRAFFIC § 25-267 placing of such vehicle is reasonably necessary when taken in connection with the purpose for which such vehicles are used or needed. (Ord. No. 33-49, § 16.11, 9-6-49) Sec. 25-263. Loading and unloading in business districts to be done in alley where possible. Loading and unloading of merchandise, freight or materials shall not be done from a street in the business district where the same can be done from, an alliey. (Ord. No. 33-49, § 16.13, 9-6-49) Sec. 25-264. Parking under fire escapes in alleys. It shall be unlawful to park any vehicle in any alley under any fire escape at any time. (Ord. No. 33-49, § 16.15, 9-6-49) Sec. 25-265. Parking in parking lots. It shall be unlawful for any motor vehicle to be parked in any stall or space in any parking lot within the city without first having secured the permission of the operator of any parking lot in which stalls or spaces for parking cars are rented. (Ord. No. 33-49, § 16.16, 9-6-49) Sec. 25-266. Backing for purposes of parking in business dis- tricts. In the business district the driver of a vehicle shall not back the same between other vehicles then standing upon the street in order to park his vehicle between such vehicles unless he can do so without interfering with traffic and unless there is sufficient space so that such vehicle when parked will be paral- lel with the curb and will leave at least four (4) feet of clear space between the vehicle in front and to the rear of such vehicle. (Ord. No. 33-49, § 16.18, 9-6-49) Sec. 25-267. Parking vehicles for purposes of sale or storage prohibited; special permits authorized. (a) No person shall park or permit to be parked any vehicle upon the streets or alleys merely for the purpose of displaying it for sale or storing it while not in use. 1597 § 25-267 DUBUQUE CODE § 25-271 (b) The chief of police may issue to any person a special permit to park a vehicle on such streets or portions thereof designated for such from time to time only for the purpose of selling produce upon the public market and upon such condi- tions as the chief shall prescribe. Such permit shall be either in the possession of the operator or on the vehicle at the time the vehicle is so parked: It shall be unlawful to violate any of the special terms or conditions thereof. (Ord. No. 33-49, §§ 16.19, 16.27, 9-6-49) Sec. 25-268. Parking of advertising vehicles. No person shall park 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. 25-269. Parking on streets that are cleaned. Vehicles shall not be permitted to park between the hours of 12:00 midnight and 6:00 a.m. upon such streets as are cleaned by sweeping or flushing. (Ord. No. 33-49, § 16.2.1, 9-6-49) Sec. 25-270. Restricted parking spaces. The city manager is hereby authorized to designate parking spaces in such areas as authorized by the city council from N iatime to time, to be known as "restricted parking spaces," which parking spaces shall be large enough to accommodate the parking of one motor vehicle. When such restricted park- ing spaces have been so designated and suitable signs erected giving notice thereof, it shall be unlawful to park any vehicle in any such space for a longer period than permitted by the signs posted at such locations. (Ord. No. 33-49, § 16.28, 9-6- 49 ; -649; Ord. No. 6-52, § 1, 2-4-52) Sec. 25-271. Parking in alleys. Unless actually engaged in taking on or discharging per- sons, goods, or merchandise, no person shall stop or park a vehicle in the alleys or portions of alleys designated as alleys 1598 § 25-271 MOTOR VEHICLES AND TRAFFIC §. 25-274 from time to time when parking or stopping is prohibited. All vehicles stopped or parked in any of said alleys for the pur- pose of taking on or discharging persons, goods, or merchan- dise shall have a qualified operator in attendance at all times being subject to movement upon request of a police or fire officer. The provisions of this section shall not apply to ve- hicles standing or parked in compliance with the directions of a police officer or a traffic -control device. (Ord. No. 33-49, § 16.30, 9-6-49 ; Ord. No. 65-59, § 1, 11-23-5.9; Ord. No. 60-72, § 1, 11-20-72) Sec. 25-272. Driving on private property without consent of owner prohibited. No person shall drive, stop, stand or park a vehicle onto or upon privately owned property, or an area developed as a P vate off-street parking facility, without the consent of thetld',. owner, lessee or person in charge of such privately owned prop- erty or facility. (Ord. No. 33-49, § 16.33, 9-6-49;. Ord. No. 61- 55, § 1, 11-7-55) Sec. 25-273. Parking on private property without consent of owner. No person shall drive, stop, stand or park a vehicle onto or upon privately owned property, or an area developed as a pri- vate off-street parking facility, without the consent of the owner, lessee or person in charge of such privately owned property or facility. (Ord. No. 33-49, § 16.33, 9-6-49 ; Ord. No. 61-55, § 1, 11-7=55) Sec. 25-274. Parking violations—Fines. The owner or operator of any vehicle who shall receive no- tice, either personally or by the attaching of such notice to said vehicle, that said vehicle is parked in such manner, in such a place or for such a time as to violate the provisions of this chapter relating to the parking of vehicles may, within seventy-two (72) hours from the time when such notice is served upon him or attached to such vehicle, pay to the city treasurer as a penalty for such violation the following sum: Supp. No. 1 1599 25-274 DUBUQUE, CODE § 25-275 (1) Overtime parking, double parking, illegal alley parking and any other standing or parking violation. If paid within seventy-two (72) hours from the time of viola- tion as indicated on the notice, such fine shall be the sum of two dollars ($2.00) ; if not paid within seventy- two (72) hours, such fine shall be the sum of three dollars ($3.00). (2) Street storage. If paid within seventy-two (72) hours from time of violation as indicated on the notice, such fine shall be the sum of four dollars ($4.00) ; if not paid within seventy-two (72) hours, such fine shall be the sum of six dollars ($6.00). Parking in private lots. If paid within seventy-two (72) hours from time of violation as indicated on the notice, such fine shall be the sum of five dollars ($5.00) if not paid within seventy-two (72) hours, such fine shall be the sum of seven dollars ($7.00). (4) Parking in interference with snow or ice removal. If paid within seventy-two (72) hours from the time of violation as indicated in the notice, such fine will be in the sum of five dollars ($5.00) ; if not paid within seventy-two (72) hours, then such fine shall be in the sum of seven dollars ($7.00). (b) Payment of the above penalty, or fine, upon being mailed to the city treasurer shall be deemed paid as of the time of postmark on the envelope thereof. (Ord. No. 35-73, § 1, 6-29-73; Ord. No. 11-76, § 1, 4-5-76) Cross reference—General penalty for code violations, § 1=8. (3) Sec. 25-275. Same—Posting bond. Any person receiving such notice of violation and deem- ing himself not guilty of such offense, or desiring to ap- pear and defend against the same, shall within a twenty-four (24) hour period appear at the police department and promise to appear in the District Court of Dubuque County, Iowa for trial. (Ord. No. 35-73, § 2, 6-29-73; Ord. No. 11-76, § 2, 4-5-76) Supp. No. 1 1600 § 25-297 MOTOR VEiHICLES AND TRAFFIC § 25-305 Secs. 25-297-25-303. Reserved. DIVISION 3. MUNICIPAL PARKING LOTS Sec. 25-304. Designated. The various municipally owned parking lots in the city shall be designated numerically as follows : (1) Lot No. 1: The lot situated between Ninth and Tenth Streets and Iowa Streets and Central Avenue. (2) Lot No. 2: The lot situated at the northwest corner of Ninth and Bluff Streets and running parallel to Ninth Street. (3) Lot No. 3: The lot situated at the northwest corner of Fifth and Bluff Streets. (4) Lot No. 4: The lot situated at the southwest corner of Fourth and Iowa Streets. (5) Lot No. 5: The lot situated on the middle one-fifth (1/5) of Out Lot 448 in the city. (6) Lot No. 6: The lot situated on the southwest corner of Eleventh and Bluff Streets. (7) Lot No. 7: The lot situated on the northwest corner of Fourth and White Streets. (8) Lot No. 8: The lot situated on the southwest corner of Tenth and Bluff Streets. (9) Lot No. 9: The lot situated on Fifth Street and the alley east of Locust Street and running parallel to the alley from Fifth to Sixth Streets. (Ord. No. 39-65, § 5, 10-11-65; Ord. No. 73-74, § 1, 12-16-74; Ord. No. 44-75, § 1, 11-3-75) Sec. 25-305. Meters—Installation authorized and directed. The city manager is hereby authorized and directed to in- stall parking meters in all municipally owned parking lots for Supp. No. 1 1605 § 25-305 DUBUQUE. CODE § 25-307 the purpose of, and in such numbers, and at such places as may be necessary to the regulation, control and inspection of the parking of motor vehicles therein. (Ord. No. 39-65, § 1, 10-11-65) Sec. 25-306. Same—Manner of construction, installation and marking. Parking meters installed in municipally owned parking lots shall be installed immediately adjacent to the individual park- ing spaces described in section 25-308, and each parking meter shall be so constructed and adjusted as to show when properly operated, a signal that the space adjacent to which it is in- stalled is or is not legally in use. Each parking meter installed shall indicate on and by its dial the duration of the period of legal parking and on the expiration of such period shall indicate illegal or overparking. (Ord. No. 39-65, § 2, 10-11-65) Sec. 25-307. Same—Time and fee schedule for specific lots. Parking meters on municipally owned parking lots, when installed and properly operated shall show legal parking upon and after the deposit of the United States coins and in the nonmetered parking lots, parking spaces [shall] be rented at a monthly rate, payable quarterly in advance, in accordance with the following schedule: (1) On Parking Lots Nos. 1, 2, 3, 4, 5, 6, and 7, such meters shall show legal parking for one hour upon the deposit of each five cent ($0.05) coin, two (2) hours upon the deposit of each ten cent ($0.10) coin, and five (5) hours upon the deposit of one twenty-five cent ($0.2§) coin, but not more than a total of ten (10) hours at any one time. The maximum legal parking time limit for any one vehicle at any one time shall be ten (10) hours. (2) On Parking Lot No. 8 such meter shall show legal park- ing for thirty (30) minutes upon the deposit of each five cent ($0.05) coin, one hour upon the deposit of each ten cent ($0.10) coin, and two (2:) hours and thirty (30) minutes upon the deposit of one twenty- five cent ($0.25) coin, but not more than a total of ten Supp. No. 1 ,_160.6 § 25-307 MOTOR VEHICLES AND TRAFFIC § 25-308 (10) hours at any one time. The maximum legal park- ing time limit for any one vehicle at any one time shall be ten (10) hours. (3) On Parking Lot No. 9, parking spaces [shall be] rented at a monthly rate of fourteen dollars ($14.00) plus three (3) per cent sales tax, payable quarterly in ad- vance. (Ord. No. 39-65, § 5A, 10-11-65; Ord. No. 73-74, § 1, 12-16-74; Ord. No. 44-75, § 1, 11-3-75) Sec. 25-308. Same—Deposit of coins required at certain times. When parking spaces are established and marked and park- ing meters installed adjacent thereto in municipally owned Supp. No. 1 1606.1 § _25-325 MOTOR VEHICLES 'AND TRAFFIC '.§ 25-327 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 established by the city council from time to :time. (Ord. No. 37-65, § 6, 10-4-65; Ord. No. 16-73, § 1, 4-2-73) Sec. 25-327. Fee schedule. Subject to the limitations provided in this division, parking meters, when installed and properly operated, shall show legal 1611 § 25-327 'DUBUQUE. CODE § 25-328 parking upon and after the deposit of United States coin in accordance with the following schedule : (1) In parking meter district A, such meters shall show legal parking for six (6) minutes upon the deposit of each one cent ($0.01) coin, thirty (30) minutes upon the deposit of each five cent ($0:05) coin, or sixty (60) minutes upon the deposit of one ten cent ($0.10) coin, but not more than a total of sixty (60) minutes at any one time ; (2) In parking meter district B, such meters shall show legal parking for twelve (12) minutes upon the deposit of each one cent ($0.01) coin, sixty (60) minutes upon the deposit of one five cent ($0.05) coin, or one hun- dred twenty (120) minutes upon the deposit of one ten cent ($0.10) coin but not more than a total of one hun- dred twenty (120) minutes at any one time; In parking meter district C such meters shall show legal parking for sixty (60) minutes upon the deposit of each five cent ($0.05) coin, two (2) hours upon the deposit of each ten cent ($0.10) coin or five (5) hours upon the deposit of each twenty-five cent ($0.25) coin, but not more than a total of ten (10) hours at any one time. (Ord. No. 37-65, § 7, 10-4-65 ; Ord. No. 16-73, § 1, 4-2-73) (3) Sec. 25-328. Maximum parking times. Between the hours and on the days stated in section 25-3215, regardless of whether the parking meter shows legal parking, no vehicle shall be parked in a parking meter space at any one time for longer than the following periods of time, within the following parking meter districts: (1) District A, not longer than one hour. (2) District B, not longer than two (2) hours. (3) District C, not longer than ten (10) hours. (Ord. No. 37-65, § 8, 10-4-65; Ord. No. 16-73, § 1, 4-2-73) 1612 § 25-3.40 MOTOR VEHICLES AND TRAFFIC' § 25-343 plowing or snow removal equipment is operating and upon the erection of such signs parking thereon shall be prohibited until such signs shall be removed at the direction of the chief of police. (Ord. No. 64-61, § 3, 12-18-61) Sec. 25-341. Arterial streets: (a) Upon the declaration of emergency by the chief of po- lice as provided in this division, emergency snow parking regu- lations as to arterial streets in the city shall mean there shall be no parking on the odd -numbered side of any arterial street from 9:00 p.m. to 9:00 a.m. and there shall be no parking on the even -numbered side of any arterial street from 9:00 a.m. to 9:00 p.m. These emergency snow parking regulations shall include those arterial streets where parking is, prohibited at any time on one side of the arterial street. These emergency snow parking regulations shall not apply to those arterial streets where parking is prohibited on both sides of such arterial street at any time. (b) The provisions of paragraph (a) of this section shall supersede all other parking regulations in force and posted on any arterial street during such emergency and shall require no posting of the emergency no parking snow regulations as to the arterial streets. (c) Arterial streets shall be such streets as are designated as such from time to time. (Ord. No. 64-61, §§ 5, 6, 12-18-61) Sec. 25-342. Parking lots. No vehicle, as defined in this chapter, shall be parked upon or in any parking lot owned by the city upon which snow plowing or snow removal equipment is operating and upon the erection of such signs, parking thereon shall be prohibited until such signs shall be removed at the direction of the chief of police. (Ord. No. 64-61, § 7, 12-18-61) Sec. 25-343. Removal of obstructing vehicles. (a) Authorized. Any vehicle located or parked within the limits of any street inthe city or parked in or upon any city 1615 § 25-343 DUBUQUE CODE § 25-343 owned parking lot which is substantially interfering with the prompt and orderly plowing or removal of snow or ice from such streets or such parking lot in violation of this, division is hereby declared to be a nuisance and may be towed or removed by or under the direction of the chief of police to any place designated by him for safekeeping. (b) Notice to owner. In the event the chief of police, or his designated subordinate, shall direct the towing or removal of any vehicle in accordance with paragraph (a) of this section, he shall make a record thereof and shall within twenty-four (24) hours thereafter, give written notice to the owner at his or her last known address, if known ; and, if the owner be unknown, on the first business day following the day of such towing or removal publish such notice at least once in a news- paper having general circulation in the city. Such notice shall include a statement of the time of towing or removal, the place of storage, a description of the vehicle and the registra- tion number, if any. (c) Costs. The cost of towing or removal of any vehicle in accordance with this section and the storage charge, if any, shall be paidby the owner of such vehicle but any such charges shall not be considered a fine, penalty or forfeiture. (Ord. No. 64-61, § 10, 12-18-61) [The next page is 1667] 1616 § 27-19 PARKS AND RECREATION § 27-33 jurisdiction and control over such recreational equipment and buildings, including the supervision, maintenance and repair• thereof and the supervision of the recreational activities em- ploying such equipment or buildings. (Ord. No. 26-49, § 3, 6-30-49 ; Ord. No. 41-54, § 2, 6-7-54) Sec. 27-20. Certification of needs; tax levy restricted. On or before the fifteenth day of July in each year, the commission created by this article shall certify to the city council the amount of money it will need for all purposes for the ensuing fiscal year, which statement shall be used to de- termine the tax levy for recreational activities and as a basis for making an appropriation. If a tax is levied, the 'same shall not exceed that permitted by law. (Ord. No. 26-49, § 5, 6-30- 49) Sec. 27-21. Annual report. On or before the tenth day of April in each year the com- mission created by this article shall make a complete detailed. report to the city council showing receipts and disbursements for the year then ended, which report shall be kept as a part of the permanent records of the city. (Ord. No. 26-49, § 6, 6-30-49) Secs. 27-22-27-32. Reserved. ARTICLE III. PUBLIC PARKS DIVISION 1. GENERALLY Sec. 27-33. Definitions. As used in this article, the following terms shall have the meanings indicated: Board, the board shall mean the board of park commission- ers of the city. Parks, parkways shall mean parks, parkways, buildings, park roads or driveways, and all public service facilities or Supp. No. 1 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, recreation- al facilities and appurtenances located therein. (Ord. No. 41- 54, § 1, 6-7-54) Sec. 27-35. Disorderly conduct. Any threatening, profane, abusive, disorderly, insulting or indecent language, any conduct or behavior or any act tending to a breach of the public peace and quiet by any person or persons in or upon any park or parkway is hereby prohibited. (Ord. No. 24-69, § 2, 5-5-69) Sec. 27-36. Indecent exposure. No person shall expose himself or herself to public view in any park or parkway, unless properly clothed. (Ord. No. 24-69, § 27, 5-5-69) Sec. 27-37. Intoxicating beverages. The consumption or use of intoxicating liquor, wine or beer in promiscuous manner by any person is hereby prohibited. No beer in containers, commonly referred to as keg beer, shall be brought into any park or parkway by any person. 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, Supp. No. 1 1748 § 27-37 PARKS AND RECREATION § 27-38 Madison Park, Maus Conservation Park, Oakwood Park, Play Lot 17th and Elm, Washington Park. (Ord. No. 24-69, § 3, 5-5-69 ; Ord. No. 19-76, § 1, 5-17-76) 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. 1 1748.1 (7 § 27-49 PARKS AND RECREATION § 27-53 Sec. 27-49. Sales restricted. No person shall sell or offer for sale any article or service whatsoever in any park or parkway. The provisions of this section shall not apply to sales of refreshments or any other articles from concession stands authorized by the board. (Ord. No. 24-69, § 15, 5-5:69) Sec. 27-50. Use of firearms, weapons and fireworks. The carrying, shooting or discharging of firearms, air rifles, bows and arrows, pellet guns or sling shots, including fire- works of any description by any person within the limits of any •park or any parkway is hereby prohibited. (Ord. No. 24- 69, § 16, 5-5-69) Sec. 27-51. Climbing on fences, roofs, etc. No person shall climb, damage, tamper with, stand or sit on any fence, rail or any other structure not intended for such use in any park or parkway. The climbing of buildings and going on roofs, either with ladders or from the inside of the build- ings through the windows or any other way is forbidden. Climbing over ledges in ledge -gardens by any person is pro- hibited. (Ord. No. 24-69, §§ 17, 25, 5-5-69) Sec. 27-52. Moving benches and tables. No person shall move benches, seats and tables from any building or to any building in any park or parkway without first securing permission of the park superintendent. (Ord. No. 24-69, § 18, 5-5-69) Sec. 27-53. Interfering with personnel. No person shall loaf in any park workshop or interfere with or keep any park employee from performing his duties. Solici- tation of any park employee during working hours by any salesman, agent or any other person is hereby prohibited. (Ord. No. 24-69, § 19, 5-5-69) 1751 § 27-54 DUBUQUE 'CODE § 27-57 Sec. 27-54. Use of spotlights, search lights. It shall be unlawful for any person, except regular park employees, to operate or manipulate in any park or upon any parkway any spotlight or search light. (Ord. No. 24-69, § 20, 5-5-69) Sec. 27-55. Use of bicycles, motorcycles, etc. Bicycles, motorcycles, motor scooters, go-karts, or other similar devices shall only be used or operated on parkways or such other places as are set aside for that purpose. (Ord. No. 24-69, § 21, 5-5-69) Sec. 27-56. Meetings and gatherings. (a) No mass meeting, political meeting, entertainment, ex= hibition, band or procession shall be permitted in any park or parkway without there first having been secured a written permit from the board or the duly designated officer thereof. (b) Buildings for group gatherings may be reserved during the open park season by contacting the park office. Such reser- vations can be made at least two (2) weeks in advance by tele- phone from the date reservation is requested. Large groups such as civic organizations, family reunions, church groups, etc. can write their request to the park office any time after April first of the current year for shelter buildings. Buildings shall be cleaned up after use by the party reserving the same. Litter, cans, paper, waste and refuse shall be deposited in re- ceptacles provided therefor. (Ord. No. 24-69, §§ 22, 24, 5-5-69) Cross reference—Assemblies generally, Ch. 26, Art. II. Sec. 27-57. Fires. No person shall start any fire in any park or upon any park- way, except that small fires, for culinary purposes may be made by picnic parties in the places in parks provided for that purpose by the superintendent of parks. Every person who starts or uses any such fire is hereby charged with the duty of completely extinguishing such fire before leaving it. (Ord. No. 24-69, § 23, 5-5-69) Cross reference—Fire prevention and protection, Ch. 14. 1752 27-58 PARKS AND RECREATION § 27-62 Sec. 27-58. Loosening stones from bluffs prohibited. Loosening of stones from bluffs and rolling or throwing the same down the face of the bluff by any person is hereby pro- hibited. (Ord. No. 24-69, § 25, 5-5-69) Sec. 27-59. Washing vehicles. No person shall wash, clean or polish any motor vehicle, motorcycle or scooter in any city park. (Ord. No. 24.69, § 26, 5-5-69) Sec. 27-60. Compliance with motor vehicle laws, ordinances. No person in a park or parkway shall fail to comply with all applicable provisions of the motor vehicles law of the state in regard to equipment and operation of motor vehicles together with such regulations as are contained in this article and other ordinances of the city. (Ord. No. 24-69, § 29, 5-5-69) Sec. 27-61. Removal of unattended vehicles left after closing hours. Any motor vehicle left unattended in any of the parks after the closing thereof, shall be deemed abandoned and the park superintendent or the park police shall cause the same to be towed from such park and the same shall not be redeemed by the owner or the person responsible therefor until the .reason- able towing charges and storage charges are paid. (Ord. No. 24-69, § 31, 5-5-69) Sec. 27-62. Open season and hours. (a) The open season or hours for the respective parks and park facilities shall be established by the park board. (b) Eagle Point and Flora Park shall be closed to the public during the hours from 12':00 midnight to 7:00 a.m.; Louis Murphy Park shall be closed to the public during the hours from 10:30 p.m. to 7:00 a.m. during the regular park season and Franklin D. •Roosevelt Park shall be closed to the public from sunset to 7:00 a.m. during the regular park season.,, 1753 §.27-62 DUBUQUE CODE § 27-74 (c) During the period of time other than the regular open park season, no person shall enter or remain in any park or parkway above named. On those occasions when weather per- mits, the above named parks will be open for moving vehicular traffic on weekdays between the hours of 8:00 a.m. and 3:00 p.m. and on weekends from 12:00 noon to 5:00 p.m. (Ord. No. 12-63, § 1, 4-19-63; Ord. No. 24-69, § 30, 5-5-69; Ord. No. 19- 70, § 1, 4-20-70; Ord. No. 26-74, § 1, 4-15-74; Ord. No. 52-74, § 1, 9-3-74) Secs. 27-63-27-72. Reserved. DIVISION 2. SPECIFIC PARKS Sec. 27-73. E. B. Lyons Forest Preserve and Nature Center. (a) The following described real estate is hereby placed un- der the control of the jurisdiction and management of the park board of the city, to wit: Lots 2 and 3 of the northeast one-quarter of the southeast one-quarter of section 1, township 88 north, range 2 east of fifth prime meridian; Lots 2 and 3 of the northwest one-quarter of the southwest one-quarter, Lots 2 and 3 of the northeast one-quarter of the southwest one-quarter, and Lot 2 of Lot 1 of the southwest one-quarter of the south- west one-quarter, of section 6, township 88 north, ;range 3 east of the fifth prime meridian in Dubuque County, Iowa, according to the respective recorded plats thereof. (b) Such real estate shall be known, called and named as "The E. B. Lyons Forest Preserve and Nature Center" and accordingly such real estate is so permanently named. (Ord. No. 16-74, § 2, 3-11-74) Sec. 27-74. Flora Park. Except for the appurtenant easements of right-of-way and a strip along Pennsylvania Street twenty (20) feet in width, the following real estate in the west end of the city, to wit: Sylvester Place: Lot 1 of 4 of Mineral Lot 260; Lot 2 of 1 of 2 of 4 of Mineral Lot 260; Lot 2 of 2 of 4 of Mineral Lot 1754 § 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 or 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, butwhen, repairs are made, only fixtures shall *Cross reference—Licenses and miscellaneous business regulations, Ch. 24. 1927. §' :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 ex- cavating in the streets or other public places in the city, with- out first having obtained permit and paying the fee therefor. (Ord. No. 48-70, Art. I, §§ 20, 22, 25, 9-21-70) 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 defectiveor has been in- stalled or is beingmaintained 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 takenout to cover the correction of such work. (Ord. No. 48-70, Art. I, § 23, 9-21-70) Sec. 30-57. Fees. (a) There shall be charged for the inspection of all plumb- ing, work, either . new, replaced or reconstructed, a permit plumbing fee as follows 1928 § 30-57 PLUMBING § 30-58 (1) (2) For the first four (4) fixtures or fixture openings, two dollars ($2.00) each ; For each additional fixture or fixture opening, one dol- lar ($1.00) ; (3) Each garage wash rack, settling basin, oil separator, blow off basin, sewage elector or similar; equipment shall be considered as a fixture. (4) For each bar, soda fountain, refrigerator,; air condition- ing unit or similar equipment requiring indirect con- nections to the sewer, each opening shall be considered as a fixture, and the fee for each such waste opening shall be one dollar ($1.00) For each building sanitary or storm sewer,two dollars ($2.00') (6) . For each domestic hot water storage tank or range boiler including furnace coils and electric heating ap- paratus, one dollar ($1.00) ; For each water softener, or similar device connected to the water supply, one dollar ($1.00) ; For reinspection of any work found defective or in- stalled contrary to the requirements governing the in- stallation of n-stallation:of plumbing, five dollars ($5.00) ; Each roof, area and indirect drain opening to a city storm sewer, one dollar ($1.00). (b) All such fees shall be paid to the city treasurer who shall issue his receipt therefor, and such receipt shall be pre- sented to the city plumbing inspector before : any permit is issued to any person applying therefor. (Ord. No. 48-70, Art. I, § 24, 9-21-70) (5) (7) (8) (9) Sec. 30-58. Revocation. When a permit has been issued for plumbing work, the construction of such plumbing shall be subject to the inspec- tion of the division of plumbing inspection at all times and the 1929 § '.30-58 DUBUQUE CODE § 30-71 chief plumbing inspector may revoke such permit at any time when the work is not being done in accordance with the ordi- nances of the city, orthe rules and regulations of the local or state boards of health; and it shall be unlawful forany person to proceed further with such work without the written con- sent of the chief plumbing inspector. (Ord. No. 48-70, Art. I, § 27, 9-21-70) Secs. 30-59--30-69. Reserved. ARTICLE IV. PLUMBERS Sec. 30-70. Definitions. As used in this article, the following terms shall have the meanings indicated: Apprentice shall include any person who does not hold a license as a journeyman plumber or master plumber and is assisting in the installation, alteration or repair of plumbing. Master plumber shall include any person engaged in the business of plumbing, other than as a journeyman plumber, actually engaged in the installation of plumbing, and who em- ploys other . licensed plumbers or apprentices, and who is skilled in the planning, superintending and practical installa- tion of plumbing and familiar with the laws, rules and regula- tions governing the same. (Ord. No. 48-70, Art. I, §§ 17, 18, 9-21-70) Cross reference—Rules of construction and definitions generally, § 1-2. Sec. 30-71. Master plumber's license required. Except for the work described in section 30-54(c), no person shall engage in installation in buildings, pipes, fixtures and other apparatus for bringing in the water supply and removing liquid and water -carried wastes, in the city without first hav- ing obtained a master plumber's license. (Ord. No. 48-70, Art. I, § 15, 9-21-70) Cross reference -Licenses and miscellaneous business regulations, Ch. 24. 1930 § 30-72 PLUMBING § _30'-:75 Sec. 30-72. Employment of licensed . plumbers required. No person shall employ any person to engage in the art of installing in or for buildings the pipes, fixtures and other ap- paratus for bringing in the water supply and removing liquid and water -carried wastes unless the person so employed is a licensed master plumber. The prohibition contained in this sec- tion shall not apply to licensed journeyman plumbers under the direct supervision of a master plumber, and in the master plumber's employment. (Ord. No. 48-70, Art. I, § 16, 9-21-70) Sec. 30-73. Examination required. Any person desiring to be examined for a license as a journeyman plumber or master plumber, as determined in this article, by the plumbing board shall make application to the plumbing board on blanks furnished by the board, setting forth information necessary to establish his qualifications as such, and each application shall be accompanied by a receipt from the city treasurer for the examination fee of ten dollars ($10.00) for examination for a master plumber, and five dol- lars ($5.00) for examination for a journeyman plumber. (Ord. No. 48-70, Art. I, § 11, 9-21-70) Sec. 30-74. Renewal of licenses. Licenses issued under this article may be renewed annually upon presentation of the treasurer's receipt for the renewal fee on or before January thirty-first of each year commencing with January thirty-first of the year following the year in which the license was first issued. The date of such renewal shall be endorsed on the license. In the event the holder of any such license shall fail to renew the same in the manner herein provided, the license shall expire and a new one shall not be issued except in compliance with section 30-73 of this article. The annual renewal fee shall be two dollars ($2.00) for a master plumber and one dollar ($1.00) for a journeyman plumber. (Ord. No. 48-70, Art. I, § 13, 9-21-70) Sec. 30-75. Revocation of licenses; appeal. In addition to any other penalties, when any holder of a license issued under the provisions of this article shall have 1931 §`:30=75 DUBUQUE CODE § 30=78 been convicted of more than one violation of the provisions hereof, the plumbing board may, in its discretion, revoke such license, whereupon the holder shall on receipt of written notice of such revocation, surrender such license. In the event any person shall feel aggrieved by the action of the board in revok- ing his license, 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 mailing of such notice. The council shall give five (5) days written notice of the date and time of hear- ing to the appealing party, plumbing board and the chief in- spector. Upon hearing the city council may affirm, modify or overrule the action of the board. (Ord. No. 48-70, Art. I, § 14, 9-21-70) Sec. 30-76. Qualifications—Master plumbers. A master plumber shall have a general practical knowledge of the purpose and method of the construction of plumbing work, be competent to plan and supervise the installation of plumbing and shall be required to have some knowledge of mechanical drawing and pass a satisfactory examination show- ing he has the above qualifications and is entitled to a license as a master plumber. (Ord. No. 48-70, Art. I, § 10, 9-21-70) Sec. 30-77. Same—Journeyman plumbers. A journeyman plumber must be able to read blue prints, do simple mathematical problems, and must know the city plumb- ing ordinances and the rules and regulations of the local or state boards of health governing plumbing. He shall pass a satisfactory examination showing that he has the above quali- fications and is capable of performing practical plumbing and is entitled to a license as a journeyman plumber. (Ord. No. 48-70, Art. I, § 9, 9-21-70) Sec. 30-78. Apprentices to be registered. No master plumber shall hire or employ or have in his em- ploy, any apprentice to perform any plumbing work unless the apprentice is actually in the presence of and with a licensed plumber. Every person who desires to perform the work of an 1932 § 30-78 PLUMBING § 30-78 apprentice plumber shall register his name as an apprentice, with the plumbing board at the time of entering on such em- ployment, and on or before the first day of February of each year, thereafter so long as such employment shall continue. No master plumber shall hire or employ, or have in his employ any apprentice who is not registered with the plumbing board. (Ord. No. 48-70, Art. I, § 19, 9-21-70) [The next page is 19831 1933 Chapter 36 UTILITIES* Art. I. In General, §:§ 36-1-36-10 Art. II. Sewers and Sewage Disposal, §§ 36-11-36-71 Div. 1. Generally, §§ 36-11-36-28 Div. 2. Discharge Regulations, §§ 36-29-36-42 Div. 3. Private Disposal Systems, §§ 36-43-36-53 Div. 4. Rates, §§ 36-54-36-71 Art. III. Transit Authority, §§ 36-72-36-91 Art. IV. Water, §§ 36-92-36-164 Div. 1. Generally, §§ 36-92-36-113 Div. 2. Connections, §§ 36-114-36-144 Div. 3. Meters, §§ 36-145-36-160 Div. 4. Rates, §§ 36-161-36-164 ARTICLE I. IN GENERAL Sec. 36-1. Gas main connections—City's authority to require. Before any street, highway, avenue, alley or public ground is permanently improved, the city council, by ,the passage of a resolution, may require connections from gas mains to be made by the owners of abutting property to the curbline of such property, and a notice of such requirements shall be given to the property owners as herein provided for. (Ord. No. 128, § 1, 10-2-22) Sec. 36-2. Same—Notice to owners. As soon as the resolution requiring connections to be made as provided for in section 36-1, is passed and adopted by the city council, a written notice shall be served upon all persons owning property along the street, avenue or alley proposed to be improved, which notice shall order such property owner to make connections to the curbline with gas mains located in such streets, and thereupon it shall be the duty of the owners *Cross references—Administration, Ch. 2; director of public works, § 2-169 et seq.; city operated ambulance service, Ch. 18, Art. II, Div. 3; railroads, Ch. 32. Supp. No. 1 2253 § 36-2 DUBUQUE CODE § 36-10 of such property to comply with such notice. The notice shall prescribe whether or not more than one connection is required to be made and the description of the lot or parcel of real estate to which the same is to be made and, in each instance, such owner shall be advised of the number of connections that are required to be made. (Ord. No. 128, § 2, 10-2-22; Ord. No. 195, § 2, 5-2-28) Sec. 36-3. Same—City's authority to make. If a property owner upon whom notice has been served pur- suant to section 36-2 to make the connections as provided for in section 36-1, should fail or refuse to make such connections within the time provided for in such notice, then the city council may proceed to have said connections made upon a contract made and entered into for that purpose and the cost of making such connections shall be assessed to the property owner and shall be collected in the same manner as other special assessments are collected, except that the whole amount of such assessments shall become due at once and shall not be payable in installments. (Ord. No. 128, § 4, 10-2- 22) Sec. 36-4. Same—When completion is required. The resolution passed by the. council pursuant to section 36-1 and the notice that is served upon the property owner shall prescribe the time within which connections are to be made with such mains as provided for in such resolution, and this notice shall be final unless the time is extended by the city council upon application made therefor, or if conditions should arise which would make it impossible for the property owner to make the connections required. (Ord. No. 128, § 5, 10-2,22) Secs. 36-5-36-10. Reserved. Supp. No. 1 2254 § 36-163 UTILITIES § 36-164 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 men- tioned herein, such as for circuses, carnivals, fairs, skating rinks, swimming pools, tank wagons and filling cisterns will be made by the superintendent of water department when application is made for the same at the water office. (Ord. No. 5-59, § 38, 2-9-59) Cross reference—Buildings and building regulations, Ch. 10. Sec. 36-164. Payment of bills. All bills for water shall become delinquent fifteen (15) days after the date of billing. Ten (10) days after a bill has become delinquent the water may be shut off and if it is so shut off, it shall not be turned on again until all water bills and other charges due for services, together with a two dollar ($2.00) penalty, have been paid. Water will be turned on only during the regular working hours. (Ord. No. 5-59, § 36, 2,9-59) Supp. No. 1 2305 [The next page is 2355] § 1-102 APPENDIX A -ZONING § 2-101 be signed by the Mayor and attested by the City Clerk. No amendment to this ordinance which involves mat- ter portrayed on the Official Zoning Map shall become effective until after such change and entry has been made on such map. No changes of any nature shall be made on the Official Zoning Map or matter shown thereon except incon- formity with the procedure set forth in this ordinance. Any unauthorized change of whatever kind by any per- son or persons shall be considered a violation of this ordinance and punishable as provided in Article IX of this ordinance. 1-102.4 Replacement of Official Zoning Map In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret be- cause of the nature or number of changes and addi- tions, the City Council may, by resolution, adopt a new Official Zoning Map. The new Official. Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such corrections shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor attested by the City Clerk, and bearing the seal of the City of Dubuque, Iowa, under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Offi- cial Zoning Map adopted on August 4, 1975 as part of Ordinance No. 32-75 of the City of Dubuque, Iowa. ARTICLE II. NON -CONFORMING LOTS, USES OF LAND, USES OF STRUCTURES AND PREMISES, AND CHARACTERISTICS OF USE: AMORTIZATION PROVISIONS Section 2-101 General statement of intent Within the districts established by this ordinance or amend- ments that may later be adopted there exist 2473 § 2-101 DUBUQUE CODE § 2402 1. lots ; 2. structures; 3. uses of land and structures ; 4. characteristics of use, which were lawful before this ordinance was passed or amend- ed, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendment. It is the intent of this ordinance to discourage the continuance of such non -conformities and, in some cases, to require their removal within a reasonable period of time. It is further the intent of this ordinance that existing non -conformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited else- where in the same district. Section 2.102 Extension or enlargement of non -conformities in general Non -conforming uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. A non -conforming use of a structure, a non -conforming use of land, or a non -conforming use of structure and land in com- bination shall not be extended or enlarged after passage of this ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses, of a nature which would be prohibited generally in the district involved. To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been carried on diligently. Actual construc- tion is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. 2474 § 4-109 APPENDIX A—ZONING § 4-109 with the provisions of Article VI of this ordinance governing the issuance of Conditional Use Permits : 1) Group homes 2) Private clubs 4-109.5 Prohibited Uses The following uses are expressly prohibited in the OR -1 Office -Residential District: 1) Commercial uses as defined in this ordinance, ex- cept those uses specifically permitted by Section 4-109.2, Section 4-109.4, or Article V of this ordi- nance, entitled "Supplementary District Regula- tions". 2) (Reserved for future use). 4-109.6 Schedule of District Regulations Adopted Additional regulations for the OR -1 Office -Residential District shall be as set forth in the OR -1 Schedule of District Regulations, hereby adopted by reference and declared to be a part of this ordinance, and in Article V of this ordinance, entitled "Supplementary District Regulations". 4-109.7 OR -1 "a" Office -Residential District Regulations 4-109.7.1 General Statement of Intent The OR -1"a" Office -Residential District is estab- lished to permit mixed professional office and residential uses for lower -intensity development areas, principally in those areas where new devel- opment is occurring and where the regulations of this district are compatible with development pat- terns currently established. 4-109.7.2 Principal Permitted Uses The principal permitted uses in the OR -1"a" Of- fice -Residential District shall be the same as those Supp. No. 1 2515 § 4409 DUBUQUE CODE § 4-109 prescribed in Section 4-109.2 Principal Permitted Uses for the OR -1 Office -Residential District. 4-109.7.3 Accessory Uses Accessory uses in buildings permitted in the OR -1 "a" Office -Residential District shall be the same as those set forth in Section 4-109.3 Accessory Uses for the OR -1 Office -Residential District. 4-109.7.4 Conditional Uses The Conditional Uses permitted in the OR -1"a" Office -Residential District shall be the same as the Conditional Uses prescribed in Section 4-109.4 for the OR -1 Office -Residential District. 4-109.7.5 Prohibited Uses Uses prohibited within the OR -1"a" Office -Resi- dential District shall be the same as Prohibited Uses set forth in Section 4-109.5 for the OR -1 Office -Residential District. 4-109.7.6 Schedule of District Regulations Adopted The Schedule of District Regulations for the OR -1 "a" Office -Residential District shall be the same as the Schedule of District Regulations set forth in Section 4-109.6 for the OR -1 Office Residential District, except that the maximum allowable height of structures shall be thirty-five (35) feet, and that the maximum lot coverage (as a percent- age of total lot area) shall be thirty-five (35) per cent. (Ord. No. 60-76, § 1, 12-6-76) Supp. No. 1 2516 b C-2 Schedule of District Regulations z ° ALL PRINCIPAL ALL ACCESSORY ALL CONDITIONAL PERMITTED USES USES USES [See Section 4-118.2] [See Section 4-113.3] [See Section 4-113.4] Minimum Required 50' on streets classified as Front Yard Setback principal arterials; 35' on all (in feet) other streets Minimum Required Side Yard Setback (in feet) w Minimum Required wRear Yard Setback (in feet) 12' where the yard abuts a residential or office -residen- tial district Maximum Building Height (in feet) 35 m 0 y �0,.-gig o +'p4.0 o °zi a —�` bosai ca Q)y ej :0 d•v • cAu ".acd',� 50' on streets classified as principal arterials; 35' on all other streets 12' where the yard abuts a residential or office -residen- tial district 35 Minimum Required Off -Street Parking Spaces Minimum Required Off -Street Loading Spaces Required off-street parking and loading spaces for the C-1 Commercial District shall be as set forth in Article V of this ordinance, entitled "Supplementary District Regulations". [See Section 5-104] ONINOZ—V XI IN ddV § 4414 DUBUQUE CODE § 4-1.14 Section 4-114 C-3 Arterial business commercial district 4-114.1 General Statement of Intent The C-3 Commercial District is intended to accommo- date two basic types of commercial use: 1) uses which are primarily designed to serve the needs or convenience of the motoring public, and 2) miscellaneous uses which may require highway or arterial locations for their most beneficial opera- tion and which cannot be more appropriately lo- cated in other commercial districts. The uses permitted in this district often present special problems which are different in kind and degree from other commercial . uses. In particular, unregulated "strip" commercial development may result in serious traffic and pedestrian circulation problems, adverse im- pacts on surrounding residential or other uses, visual clutter and blight, and lighting and sign problems. For these reasons, the regulations of the C-3 Commercial District may impose special standards of construction, screening, functional design, and performance upon the creation of new highway commercial facilities or the expansion of existing highway businesses. In addi- tion, special emphasis will be placed on traffic consid- erations and relevant planning studies in decisions con- cerning requests for the creation of new C-3 Commer- cial Districts. 4-114.2 Principal Permitted Uses 1) Sales, rental, storage, repair or servicing of ve- hicles. 2) Indoor restaurants or drive-in restaurants; bars or taverns. 3) Motels. 4) Retail furniture or appliance sales. 5) Banks. Supp. No. 1 :2554 § 4-114 APPENDIX A—ZONING § 4-114 6) Retail sales of agricultural or construction sup- plies, including but not limited to farm imple- ments, hardware or electrical supplies, lumber, and similar goods. 7) Fresh produce sales. 8) Package liquor sales. 9) Parking lots. 10) Moving or storage facilities. 11) Drive-in theater, miniature golf courses, driving ranges, or go-cart tracks. 12) Outdoor camping areas. 13) Gas stations or truck stops. 14) Bowling alleys or other commercial recreation establishments. (Ord. No. 47-75, § 1, 12-22-75) 4-114.3 Accessory Uses Accessory uses and buildings are permitted in the C-3 Commercial District in accordance with the provisions and regulations of Article V of this ordinance, entitled "Supplementary District Regulations". 4-114.4 Conditional Uses The following Conditional Uses are permitted in the C-3 Commercial District, but only in conformance with the provisions of Article VI of this ordinance governing the issuance of Conditional Use Permits : 1) [Reserved for future use] 4-114.5 Schedule of District Regulations Adopted Additional regulations_ for the C-3 Commercial District shall be as set forth in the C-3 Schedule 'of District Regulations, hereby adopted by reference and declared to be a part of this ordinance, and in Article V of this ordinance, entitled "Supplementary District Regula- tions" Supp. No. 1 2555 w 0 cCJI n C-3 Schedule of District Regulations ALL PRINCIPAL PERMITTED USES [See Section 4-114.2] ALL ACCESSORY USES [See Section 4-114.3] ALL CONDITIONAL USES [See Section 4-114.41 Minimum Required 65' on primary highways; Front Yard Setback (in feet) 50' on all other streets Minimum Required Side Yard Setback (in feet) Minimum Required Rear Yard Setback (in feet) 20' where the yard abuts a residential or office -residen- tial district Maximum Building Height (in feet) 35 -43 oai • cc • W o +'¢'o41 c 0W• o bo • t+-'.$1,rQ rI 'cd • CC.f •,1 g 65' on primary highways ; 50' on all other streets 20' where the yard abuts a residential or office -residen- tial district 35 Minimum. Required Off -Street Parking Spaces Minimum Required Off -Street Loading Spaces Required off-street parking and loading spaces for the C-3 Commercial District shall be as set forth in Article V of this ordinance, entitled "Supplementary District Regulations". [See Section 5-104] cOo 1P aaoo.anbnaoa coo § 5406 APPENDIX A—ZONING § 6-101 Section 5-106 Residential dwelling permitted in commercial and light industrial districts Within any C-1, C-2, C-3, C-4, C-5, or L -I District, resi- dential dwellings shall be permitted in accordance with ap- plicable standards of the OR -1 district, except that not less than one off-street parking space must be provided for each dwelling unit. Residential uses in the C-5 district shall be exempted from off-street parking requirements. (Ord. No. 47-75, § 1, 12-22-75; Ord. No. 36-76, § 1, 8-16-76) Section 5-107 Temporary uses permitted as conditional uses in any district Within any district . established by this ordinance, any temporary use may be permitted by the Board of Adjustment as a Conditional Use, in accordance with the provisions of Article VI of this ordinance governing the issuance of Con- ditional Use Permits, but only provided that each of the fol- lowing conditions are present : 1) The use is of a strictly limited and temporary duration, which in no case may exceed six (6) months and which shall be stated on the Conditional Use Permit; and 2) The use will serve a public need or will contribute to the public convenience and welfare; and 3) The use bears some functional or other beneficial re- lationship to a permitted use within the district; and 4) The use is of a nature and scale such that it will not be likely to interfere with the appropriate use and en- joyment of nearby properties that may be affected by its operation(s). ARTICLE VI. BOARD OF ADJUSTMENT: POWERS AND DUTIES: VARIANCES: CONDITIONAL USES Section 6-101 Establishment of board of adjustment A Board of Adjustment is hereby established pursuant to Chapter 414 of the Code of Iowa 1975. The word "Board" as used in this ordinance shall mean the Board of Adjustment. Supp. No. 1 2613 § 6-102DUBUQUE CODE § 6-103 Section 6-102 Membership of the board .The Board shall consist of five (5) members appointed by the City, Council. 6-102.1 Term of Office Members of the Board shall be appointed for a term of five years, excepting that when the Board shall first be created, one member shall be appointed for a term of five years, one for a term of four years, one for a term of three years, one for a term of two years, and one for a term of one year. 6-102.2 Removal Board members may be removed for cause by the City Council upon written charges and after a public hear- ing. 6-102.3 Vacancies Vacancies on the Board shall be filled for the unex- pired term of any member whose term becomes vacant. Section 6-103 Rules, meetings, general procedure Meetings of the Board shall be held at the call of the chair- man and at such other times as the Board may determine. Such chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its ex- aminations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. The Board may in addition adopt general rules of procedure not inconsistent with the provisions of this Article. 6-103.1 Vote Required The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, Supp. No. 1 2614 CODE COMPARATIVE TABLE Section Ord. No. Date Section this Code 9-76 3-29-76 1 24-25, 2, 3 24-30, 24-31 4 24-27 5 24-26 6 24-28 7 24-32 8 24-29 9, 10 24-33, 24-34 11-76 4- 5-76 1-4 25-274-25-277 15-76 5- 3-76 1,2 36-161 3 36-162 19-76 5-17-76 1 27-37 20-76 5-17-76 1,2 38-18 3 25-60(a)(4) 21-76 6- 7-76 1 Rpld 25-63(b) 2 25-59 22-76 6-21-76 1 Rpld App. A, § 8-103.2 Added App. A, §§ 8-103.2- 8-103.5 23-76 6-21-76 1 App. A, § 10-101 31-76 7- 6-76 1-3 2-169-2-171 32-76 7- 6-76 1 App. A, § 12-101 33-76 7- 6-76 1,2 36-161 34-76 8-16-76 1 Rpld App. A, § 4-119.5(1) 35-76 8-16-76 1 App. A, § 5-102.3 36-76 8-16-76 1 App. A, § 5-106 38-76 8-16-76 1 App. A, §§ 6-107.3, 6-107.4 6-107.6 44-76 9- 7-76 Art. I, 1-23 36-11 Art. II, 1-3 36-12 Art. III, 1 36-14 2, 3 36-43, 36-44 4, 5, 9 36-45 6 36-46 7, 8 36-47 10,11 36-48. 12-14 36-49-36-51 Art. IV, 1 13-20 2 13-15 Art. V, 1, 2 36-29 3-5 36-31-36-33 Supp. No. 1 2973 DUBUQUE CODE Section Ord. No. Date Section this Code 6-8 36-35-36-37 9 36-34 Art. VI, 1 36-23 Art. VII, 1, 2 36-38 3 36-39 Art. VIII, 1-3 36-11.1 Art. IX, 2 Rpld 36-29-36-31, 36-33-36-36, 36-43-36-46 48-76 10- 4-76 1-4 36-56 5 36-59 52-76 10- 4-76 1 App.A, § 6-106.3 5376 10-.4-76 1 17-16 2 17-31-17-36 3-5• 17-37 6, 7 17-18, 17-19 8, 9 17-20 10 17-44-17-46 11,12 17-22, 17-23 13 17-21 14 17-17 55-76 11- 1-76 Adopting Ordinance, P. ix 60-76 12- 6-76 1 App. A, § 4-109.7 Supp. No. 1 2974 [The next page is 3001] CODE INDEX A ABANDONED WATERCRAFT Section Removal 26423 ABATTOIRS Slaughterhouses and meat -packing plants Slaughterhouses and meat -packing plants. See that title 16-48 et seq. ACCIDENTS False reports 26-6 Traffic accident provisions 2i5-43 et seq. Traffic. See that title ADMINISTRATION. See also specific subjects Generally 2-1 et seq. 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 347 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 bilis within their busi- nesses, etc. 3-21 Placing bills, etc., in vehicles 3-19 Posting bills on property without consent ______ 8-18 Bonds Signs. See hereinbelow that subject Display of advertising material on parkings Removal, costs 3-1 Licenses Signs. See hereinbelow that subject Notices, defacing 3-2 Permits Signs. See hereinbelow that subject Signs Alterations 3-41 Bonds. See hereinbelow: Licenses, Permits and Bonds Conflicting provisions 3-43 3001 DUBUQUE CODE ADVERTISING—Cont'd. Section Construction 2-50 et seq. Definitions 8-36 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 signs, 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 AFFIRMAT'ION. 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 Taxation. See that title AIR CONDITIONING EQUIPMENT Code adopted, etc. Heating, air conditioning and ventilating. See that title 3002 35-2' 19-1 CODE INDEX BUILDINGS—Cont'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 Rezoning consideration Permit issued during prohibited 10-41 Roof loads 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 Swimming pools 10-33 et seq. Swimming pools. See that title Unfit dwellings 20-172 Housing. See that title Unsafe buildings Repair, demolition and removal of unsafe buildings. See hereinabove that subject 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 ESTABLISHMENTS Occupational license requirements in general 24-1 et seq. Licenses and permits. See that title Supp. No. 1 3017 DUBUQUECODE C CALLINGS Section Occupational license requirements in general 24-1 et seq. Licenses and permits. See that title CANVASSERS Peddlers' regulations 28-1 et seq. Peddlers, canvassers and solicitors. See that title CARNIVALS. See: Circuses, Carnivals and Menageries CATS Public parks, in 27-39 Parks and recreation. See that title Rabies control regulations applicable to ___.. 7-45 et seq. Dogs, etc., in general. See: Animals and Fowl CELLAR DOORS Opening on streets 33-4(5) CELLARS AND BASEMENTS Housing standards -_._-- 20-104 Housing. See that title CENTRAL MARKET Area delineated 24-25 Bakery goods, 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 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 Supp. No. 1 3018 CODE INDEX CENTRAL MARKET—Cont'd. Section 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 sei. Emergency succession. See that title CHIME'S, 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. 1 3018.1 CODE INDEX CITY COUNCIL—Cont'd. Section Precedence of motioins on subject in question 2-44 Reconsideration of 2-48 Quorum 2-34 Records 2-23 Requirements for nonmembers addressing council 2-39 Rules, enforcement 2-52 Rules to be strictly adhered to 2-31 Special meetings 2-55 Temporary suspension 2-31 Voting by ayes and nays, recording 2-54 Powers and duties in general 2-2 Specific powers, etc. See specific subjects Terms of office 2-20 CITY -COUNTY AUTHORITY Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code CITY DEPARTMENTS. See: Departments and Other Agencies of City CITY EMPLOYEES. See: Officers and Employees CITY ENGINEER Emergency succession in office 2-199 et seq. Emergency succession. See that title CITY GOVERNMENT Emergency location 2-5 CITY MANAGER Appointment 2-103' Appointment of councilpersons to city officers 2-110 Bonds 2-103• Chief administrative officer 2-105 Council elections, participation 2-1.09 Council meetings, duty to attend, etc. 2-51 Duties enumerated 2-106 Form of government 2_1 General powers and duties 2-2 Specific powers. See: specific subjects Oath 2-103 Office 2-104 Political influence 2-•10S Powers enumerated 2-107 Qualifications 2-103 3021 DUBUQUE CODE CITY PLAN Section Subdivisions to conform 34-5 CITY SEAL Clerk as custodian of city seal 2-120 Custody 2-7 (b) Established 2-7(a) CITY SEALER Appointment 24-98 Weights and measures. See that title CITY SOLICITOR Annual report 2-152 Appearances in court, etc. 2-148 Bonds, signing ____ 2-150 Claims, adjustment _____ 2-151 Council meetings, duty to attend 2-143 Court appearance 2-148 Emergency succession in office 2-199 et seq. Emergency succession. See that title Forms, preparation 2-144 Location of office 2-142 Opinions, actions, etc. Duties regarding 2-146 Record of 2-145 Ordinances, preparation 2-147 Code of ordinances. See that title Powers and duties in general 2-141. Representation of city personnel 2-149 CITY TREASURER Accounts, keeping ____ 2-163 Special assessment accounts _____. 2-164' Disbursements, etc., accounting of 2-163 Duties in general 2-159 Emergency succession in office 2-199 et seq. Emergency succession. See that title Finances, other. See: Finances Fund records to be kept separate 2-160 Receipt records 2-161 Receipts Disposition 2-165 Preparation 2-162 Special assessment accounts 2-164 CIVIL DEFENSE Appointees' oath 11-24 3022 CODE INDEX CIVIL DEFENSE—Cont'd. County --municipal civil defense agency Appointees' oath 11-24 Composition Generally ____.. 11-17 Operational organization 11-18 Created 11-16 Director Office created 11-22 Powers and duties 11-23 Duties 11-20 Functions and duties, distribution 11-21 Organizational structure, terminology and titles 11-19 Dubuque County -Municipal Civil Defense Agency Expenses 11-25 Expenses 11-25 Mayor's emergency proclamation Obedience required .. 11-1 Section CIVIL DISORDER Emergency powers of mayor ____ 2.84 CIVIL RIGHTS Human relations provisions 21-1 et seq. CIVIL SERVICE COMMISSION Applicability 2-178 Applicants to be examined 2-186 Appointment 2-181, Chairman 2-183 Clerk 2-183 Compensation 2-182 Created 2-179 Examinations 2-187 Meeting room, equipment, recorder, etc. Council to furnish 2-184 Personnel records 2-1.85 Provisions to comply with statutes 2-178 Qualifications, generally .. 2-.180, Record of meetings 2-185 Terms of office 2-181 CLAIMS Adjustment of claims by solicitor _ 2-151 CLAIRVOYANCE. Fortunetellers' license requirements 24-46 et seq. CLERK. See: City Clerk 3023 DUBUQUE CODE CLINICS Section City -operated ambulance rates 18-52 CLOSING -OUT SALES Going -out -of -business sales regulations Going -out -of -business sales. See that title 24-60 et seq. CLUBS Concealed weapons 27-12 Firearms and weapons. See that title Person defined re 1-2 COAL, COKE, ETC. Weighing 24-107 COASTING AREAS Designated, etc. 33-11 et seq. CODE OF ORDINANCES* Altering or tampering with 1 - 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 1-8 COIN-OPERATED MACHINES AND DEVICES Gambling devices 26-70, 26-72 Gambling. 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. 3024 CODE INDEX 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 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 CORRALS Livestock keeping restrictions 7-2 Animals and fowl. See that title COUNCIL. See: City Council COUNSEL FOR CITY City solicitor 2-141 et seq. 3025 DUBUQUE CODE COUNTY Section Defined 1-2 COUNTY -MUNICIPAL CIVIL DEFENSE AGENCY Created, etc. Civil defense. See that title 11-16 et seq. 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, CATTLE, ETC. Animals at large, etc. 7-2 Animals in general. See: Animals and Fowl CRIMES False reports 26-0 CRYSTAL GAZERS Fortunetellers' license requirements 24-46 et seq. CURBS AND DRIVEWAYS Construction 33-25 et seq. Streets and sidewalks. See that title D DAGGERS Concealed weapons 27-12 Firearms and weapons. See that title 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 DANCING Public dances and dance halls 6-90 et seq. Public dances and dance halls. See that title DEAD DOGS Notice to police department 7-49 DEEDS Execution 3026 2-8 CODE' INDEX ELECTIONS—Cont'd. Section Twenty-five precincts City divided into 12-19 Wards abolished 12-17 ELECTRICITY Appeals 13-18 Code Adopted 13-3 Damage to wires 13-11 Defective work Disconnection of electric supply to 13-6 Electrical appeals board Appointment 13-48 Compensation 13-50 Composition 13-48 Created 13-47 Meetings 13-51 Qualifications 13-48 Terms of office 13-49 Electrical hazards Created during construction and installation 13-12 Electrical inspector Appointment 13-31 Emergency succession in office 2-199 et seq. Emergency succession. See that title Enforcement of provisions 13-34 Engaging in electrical business 13-33 Office created 13-29 Professional organizations, membership in 13-32 Qualifications 13-30 Right -of -entry 13-35 Electricians Registration of electricians. See hereinbelow that subject Emergency work 13-70 Examinations of electricians. See also hereinbelow. Registration of Electricians Re-examinations 13-89 Examining board Appeals from actions of 13-110 Appointment 13-105 Chairman 13-107 Composition 13-104 Created 13-103 Examinations 13-88 Quorum 13-109 3031 DUBUQUE CODE ELECTRICITY—Cont'd. Section Registration of electricians. See also within this title that subject Secretary 13-108 Terms 13-106 Heating, air conditioning and ventilating 19-1 et seq. Heating, air conditioning and ventilating. See that title Housing standards 20-84 Housing. See that title Industrial plant inspections 13-17 Inspections 13-4 Certificate of approval 18-5 Industrial plant 13-17 Removal of obstructions 13-10 Living trees Use as support 13-15 Materials, approval 13-7 National electrical code. See hereinabove: Code Obstructions Inspections, obstructions to 13-10 Outdoor lighting 1314 Permits Annual permits 13-67 Applications Failure of contractor to make 13-64 Requirements 13-65 Emergency work 13-70 Fees, schedules 13-67 Issuance 13-66 Plans and specifications 13-619 Required 13-63 Suspension for failure of contractor to make applica- tions 13-64 Power services, specifications 13-16 Power supply Connections restricted 13-9 Defective work, disconnection 13-6 Purpose 13-2 Radio reception, interference with 13-13 Re-examinations Applicants for 13-89 Examining board. See within this title that subject Registration of electricians Applications 13-87 Certificates Display 13-94 3032 CODE INDEX ELECTRICITY—Cont'd. Section Issuance 13-90 Transferability 13-95 Classes 13-86 Definitions 13-83 Examinations Scope 13-88 Waiver of 13-93 Examining board. See also within this title that sub- ject Fees for certificates 13-91 Accounting for fees 13-92 Purpose, scope 13-84 Re-examinations ____ 13-89 Required, exceptions 13-85 Short title 13-82 Suspension, revocation 13-96 Transferability ________ 13-95 Scope 13-2' Short title 13-1 Television reception, interference with 13-13 Trees Use of living trees as support 13-15 ELEVATORS Smoking in __ 14-9 ELM TREES Dutch elm disease 37-33 et seq. Trees and shrubbery. See that title EMERGENCIES Civil defense proclamations, etc. 11-1 et seq. Civil defense. See that title Emergency location of city government 2-5 Emergency powers of mayor 2-84 EMERGENCY SUCCESSION Councilpersons Successors 2-200 Definitions 2499 Emergency interim successors listed 2-201 Resumption of office by incumbent 2-2041 Successors in office Councilpersons 2-200 Oath of office 2-202 Officers listed 2-201 Termination of authority by council 2-203 3033 DUBUQUE CODE EMERGENCY VEHICLES Section Ambulances 18-1 et seq. Ambulances. See that title Traffic. See that title EMPLOYEES. See: Officers and Employees EMPLOYMENT Human relations provisions 21-1 et seq. ENEMY ATTACK Civil defense, providing for 11-1 et seq. Civil defense. See that title Emergency location for city government 2-5 ENGINE BRAKES Prohibited noises, noise regulations, etc. 26-139 et seq. Noises. See that title ENTERTAINMENTS Amusements regulated 6-16 et seq. Amusements and amusement places. See that title Open air shows 6-75 et seq. Open air shows. See that title ERADICATORS Rat control 24-78 et seq. Rat control. See that title ETHNIC RELATIONS Human relations provisions 21-1 et seq. EXCAVATIONS Guard railings on streets, removal 33-7 Street and sidewalk excavations 33-48 et seq. Streets and sidewalks. See that title EXHAUST DISCHARGES Prohibited noises, noise regulations, etc. 26-130 et seq. Noises. See that title EXHIBITIONS Amusement place regulations 6-16 et seq. Amusements and amusement places. See that title Open air shows 6-75 et seq. Open air shows. See that title EXPECTORATING Streets, in 33-3 3034 CODE INDEX 11 HANDBILLS Section Distributing 3-14 et seq. Advertising. See that title Park restrictions 27-48 Parks and recreation. 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 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 HEATIN'G, AIR CONDITIONING AND VENTILATING Code Adopted 19-1 Amendments 19-2 Housing standards 20-82 et seq. Housing. See that title HEREDITAMENTS Definitions for interpreting code 1-2 3043 DUBUQUE CODE HIGHWAYS Section Street defined to include 1-2 Streets in general. See: Streets and Sidewalks 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 HORNS, SIGNALING DEVICES, ETC. Prohibited noise, noise regulations, etc. 26-139 et seq. Noises. See that title HORSE-DRAWN VEHICLES Public parks, in 27-38 Parks and recreation. See that title HORSES Animals at large, etc. 7-2 Animals in general. See: Animals and Fowl Persons discharging explosives, fireworks, etc., near 33-1 HOSPITALS City -owner ambulance rates 18-52 False and fraudulent reports 26-6 Prohibited noise, noise regulations, etc. 26-139 et seq. Noises. See that title HOTELS AND MOTELS Accommodations or services Prohibited practices 21-48 Unfair and discriminatory practices. See that title Housing standards 20-141 et seq. Housing. See that title Miscellaneous business licenses 24-3 (2) HOUSE OF ILL FAME Prostitution 26-8 HOUSE-TO-HOUSE SALESMEN Peddlers' regulations 28-1 et seq. Peddlers, canvassers and solicitors. See that title HOUSING (Code, standards) Additional facilities for rooming houses 20-75 3044 CODE INDEX HOUSING—Cont'd. Section Water closets, lavtory basins, etc. Sharing 20-72 Water heating facilities 20-74 Windows Light, ventilation and heating _______ 20-83 Windows, exterior doors and basement hatchways Standards _ 20-51 HUMAN RIGHTS COMMISSION Appointment of members 21-18 Cease and desist orders 21-83 Compensation 21-20 Complaints 21-77 et seq. Composition 21-17 Confidential nature of complaints, etc. 21-26 Created 21-16 Definitions 2.1-1. Enforcement 21-77 et seq. Evidentiary rules 21-86 Failure to reach settlement by conciliation Proceedings upon ___..___, 21-82 Finding by commission on complaint, etc. 21-83 Judicial review, enforcement actions 21-87 Meetings 21-23 Quorum 21-24 Notices and investigations 21-80 et seq. Officers 21-19 Powers and general duties 21-27 Procedural rules 21-85 Provisional remedies ____ __________ ___ 21-84 Records to be public, exceptions 21-25 Remedies available 21-83 Removal for unexcused absences 21-21 Rules 21-22 Terms of office 21-18 Unfair and discrimanatory practices 21-39 et seq. Unfair and discriminatory practices. See that title Vacancies, filling 21-18 HUNTING Bows and arrow, with 26-7 I ILL FAME, HOUSEOF Prostitution or lewdness 26-8 3049 DUBUQUECODE INCINERATORS Section Sale, installation restricted 17-2 INDECENCY AND OBSCENITY Indecent exposure 26-11 Lewd places 26-8 Prostitution. See that title Public parks, indecent exposure in 27-76 INDUSTRIAL REVENUE BONDS Financing fees 29-2 Investigation fees 29_1 Planning and development. See that title INOCULATION Rabies control regulations ____ 7-45 et seq. INTERSECTIONS Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Traffic. See that title INTERSTATE COMMERCE' Peddlers' provisions 28-22 Peddlers, canvassers and solicitors. See that title INTOXICATING LIQUOR Alcoholic beverge regulations 5-1 et seq. Alcoholic beverages. See that title INTOXICATION Public drunkenness 26-9 IOWA, STATE OF. See: State ITINERANT MERCHANTS Peddlers' regulations .. 28-1 et seq. Peddlers, canvassers and solicitors. See that title J JACOB BRAKE Prohibited noise, noise regulations, etc. 26-139 et seq. Noises. See that title JOINT AUTHORITY Word usage for interpreting code 1-2 JUNK AND JUNK DEALERS Construction tools Required notice upon receipt of 22-4. 3050 CODE INDEX PARKS AND RECREATION—Cont'd. Section Playground and recreation commission Annual report 27-21 Appointment 27-17 Certification of needs 27-20 Composition 27-16 Created 27 16 Organization 27-18 Powers and duties 2749 Tax levy restricted 27-20 Terms of office 27-17 Vacancies, filling 27-17 Public parks Animals •Interfering with animals 27-44 Riding 2:7-38 Bicycles, use 27-55 Climbing on fences, roofs, etc. 27-51 Damage to property Cutting plants, shrubs, etc. 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 distribution, etc. 27-48 Horse-drawn vehicles 27-38 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 Compliance 27-60 Motorcycles, etc., use 27-55 Moving benches and tables 27-52 CThstructions 27-46 3065 DUBUQUE' CODE PARKS AND RECREATION—Cont'd. Section Open season and hours 27-62 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 C'ooperation 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 Person defined re 1-2 PATENT MEDICINES Distributing 3-20 PAVEMENT Fires set on 33-10 Streets and sidewalks. See that title PAWNBROKERS Junk and junk dealers 22-1 et seq. Junk and junk dealers. See that title PEDDLERS, CANVASSERS AND SOLICITORS Definitions 28-1 Exemptions 26-5 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 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 3066 CODE INDEX PLAZAS Section Street defined to include 1-2 Streets in general. See: Streets and Sidewalks PLUMBING Apprentice Defined 30-70 Registration 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 30-78 Fees for variations 30-10 Heating, air conditioning and ventilating 1'9-1 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 ifications 30-77 Kitchen sink wastes 30-6 Liability for damages construed 30-11 Licenses Employment of licensed plumbers required 30-72 Issuance, duties of board 30-42 Master plumbers 30-71 3069 DUBUQUE. CODE PLUMBING—Cont'd. Section Renewal 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 POLICE DEPARTMENT Bicycle registration Bicycles. See that title Dance halls, employment of police officer in Public dances and dance halls. See that title 3070 9-22 et seq. 6-96 CODE INDEX TRAFFIC—Cont'd. Section Gross weight Defined 25-2 Hauling dirt, manure, shavings, etc., through streets ___ 33-4' Headlamps. See within this title: Equipment on Vehicles Heavy vehicles Prohibited on certain streets -_.. 25-162 Height of vehicles. See within this title: Size, Weight and Load Restrictions Hills and grades Brakes to be set, etc. _ 25-150 Hills, blind curves, etc. Coasting of vehicles down grade 25-153 Control of vehicles 25-2211 Duty of driver approaching crest of 25-1521 Overtaking vehicle, etc., on _______ 2.5-190' Turning on curves, hills 25-175 Upgrade pulls, minimum speed 25-160 Hitchhiking. See within this title: Pedestrians Holidays Defined _________ 25-2 Horns and warning devices Equipment on vehicles. See within this title that subject Noise control. See within this title that subject Hotels Use of loading zones in front 25-259 Illinois vehicles entering city Size, weight and load restrictions ___ 2.5-88 Impoundment of vehicles Removal of certain vehicles 2.5-278 et seq. Inclines. See within this title: Hills, Blind Curves, Etc. Intersections Crosswalks. See within this title that subject Defined 25-2 Right-of-way. See within this title that subject Turning movements. See within this title that subject Lamps on parked vehicles Equipment on vehicles. See within this title that subject Laned roadway 25-200 Slow moving vehicles, etc. 25-200 Length of vehicles.. See within this title: Size, Weight and Load Restrictions Licenses Operator's or chauffeur's licenses 25-139 et seq. 3093 DUBUQUE CODE TRAFFIC—Cont'd. Section Driver or operator. See within this title that sub- ject Registration of vehicles. See within this title that subject Lighting devices on vehicles. See also within this title: Equipment on Vehicles Bicycles 9-1 Load restrictions. See hereinbelow: Size, Weight and Load Restrictions Loading and unloading Parking restrictions. See within this title: Parking, Stopping and Standing Loading zones In front of theaters, etc. 25-259 Loud signaling at night 25-1201 Equipment on vehicles. See within this title that subject Noise control. See within this title that subject Loudspeakers Operation of advertising vehicles 25-180 Meeting of vehicles. See within this title: Overtaking, Meeting and Passing Metal tire Defined 25-2 Tires and wheels on vehicles. See within this title that subject Mobile homes Maximum length 25-85 ' Motor carrier routes 25-172 Motor truck Defined 25-2 Motor vehicles and other vehicles. See also that title Defined 25-2 Regulations relative to particular classes, types of vehicles. See elsewhere herein specific subjects Motorcycle Defined 25-2 Headlamps. See within this title: Equipment on Vehicles Moving vehicle into prohibited area 25-166 Mufflers Noise control. See within this title that subject Prevention of noise 25-121 Municipal parking garages Backing into spaces 25-288 Fee collection and traffic regulation devices 25-286 3094 CODE INDEX TRAFFIC Cont'd. Section Park Defined 25-2 Parking garages Municipal parking garages. See hereinabove that subject Parking lot Defined 25-2 Parking meters Defacing, tampering with 25-330 Definitions 25-2,25-321 Deposits, collection and disposition 25-331 Districts 25-326 Enforcement 25-332 Fee schedules 25-327 Installation authorized and directed 25-322 Manner of construction, installation and marking ____ 25-323 Maximum parking time 25-328 Municipal parking lots ___.. 25-305 Municipal parking lots. See within this title that subject Operation required, when 25-325 Slugs, unlawful to use 25-329 Spaces 25-324 Parking, stopping and standing Advertising vehicles 25-268 Alleys Parking in, generally 25-271 Parking under fire escape 25-264 Use required for loading and unloading, when ____, 25-263 Amount of traveled part of highway left for other traffic 25-256'(1{2) Angle parking 25-258 Bus stops 25-260 Buses, manner of stopping 25-187 Business district Backing for purposes of parking in 25-266 Crosswalk, on 25-256.(5) Parking, etc., within certain distance at an inter- section 25-256(14) Double parking 25-256(10) Fines 25-274 Driveway, blocking 25-256(2) Driveway entrance at fire station, at __ 25-256(8) Driving on private property without consent 25-272 Emergency vehicle privileges 25-167 Entrance to garage or driveway, opposite 25-256(11) 3097 DUBUQUE CODE TRAFFIC—Cont'd. Section Excavation, by 25-256(9) Fire escapes in alleys, under 25-264 Fire hydrant, at 25-256(4) Fire station entrance, at 25256(8) Flashing beacon, stop sign, etc. Parking in, etc., within certain distance 25-256(6) Garage or driveway entrance, opposite 25-256(11) Hand and arm signals, etc. See within this title: Turning Movements Illegal alley parking, etc., fine 25-274 Intersection, within 25-256(3) Loading and unloading Business districts 25-263 Loading zones in front of theaters, hotels, etc. 25-259 Moving vehicle into prohibited area 25-166 Municipal parking lots. See within this title that subject Obstruction. See also within this title Parking alongside or opposite 25-256(9) Official signs on curb markings, at 25-256(13) Other provisions applicable to, related to parking, etc. See elsewhere herein other subjects as ap- plicable Overtime parking, double parking, etc. Fines 25-274 Municipal parking lots. See within this title that subject Parallel parking 25-258 Parking lots, use 25-265 Passenger zones 25-260 Posted places 25-257 Private property Driving on without consent of owner 25-272 Parking on without owner's consent 25-273 Prohibited in specified places 25-256 Prohibited where or as posted 25-257 Railroad cars, parking near certain streets 32-7 Railroad crossing, within certain distances 25-256(7) Removal of certain vehicles authorized Prerequisites to release 25-278 Residences, in front of 25-262 Restricted parking spaces 25-270 Restrictions during snow removal 25-338 et seq. Snow removal operations. See within this title that subject Right-of-way provisions applicable to 25-207 et seq. 3098 CODE INDEX TREES AND SHRUBBERY—Cont'd. Section Dutch elm disease Collection of costs incurred by city 37-35 Finding that tree trimmers may spread __._ 37-34 Further testing 87-36 Infected trees a nuisance 37-33 Notice to owner to remove trees 37-35 Park boards' authority re inspection, removal, etc. 37-35 Permit to transport diseased trees, etc., through city 37-37 Removal of tree upon owner's failure 37-35 Park trees, cutting, etc. 27-41 Parks and recreation. See that title Tree trimmer's license Fee, renewal 37-24 Issuance 37-24 Liability insurance 36-25 Required, exceptions 37-23 Workmen's. compensation 36-26 Tree trimmings, removal 37-16 Use of living trees as support for electrical equipment 13-15 TRUSTEES Transit authority 36-72et seq. Transit authority. See that title U UNFAIR AND DISCRIMINATORY PRACTICES Accommodations or services Exemptions 21-49 Prohibited practices 21-48 Aiding or abetting violations 21-39 Complaints Amendments 21-78 Investigations 21-81 Notice to state commission 21-80 Notices, services 21-80 Persons who inay make charges, execution, filing 21-77 Time limitation for filing 21-79 Conciliation Failure to reach settlement 21-82 Discrimination against person aiding in enforcement of provisions 21-40 Sex provisions inapplicable, when 2,1-41 Employment practices Exemptions 21-57 Prohibited practices 21-56 Enforcement 21-77 et seq. 3107 DUBUQUE CODE UNFAIR AND DISCRIMINATORY PRACTICES— Cont'd. Section Housing Exemptions 21-66 Prohibited practices 21-64 Human rights commission. See also that title Available remedies 21-88 Cease and desist orders 21-88 Enforcement action 21-87 Evidentiary rules 21-86 Findings by commission 21-83 Judicial review _______ 21-87 Procedural rules ___ 21-85 Provisional remedies 21-84 Investigations 21-81 Retirement plans Sex provisions inapplicable, when 21-41 Settlement Failure to reach settlement by conciliation 21-82 UNFIT DWELLINGS Housing conditions enumerated 20-172 Housing. See that title UNIFORM BUILDING CODE Adopted 10-1 Buildings. See that title UNIFORM FIRE CODE Adopted 1441 Fire prevention. See that title UNION LABORERS Assembling for purpose of intimidation 26-31 UNITED STATES PUBLIC HEALTH ORDINANCES Food service establishment code 16-1 et seq. Food and food services. See that title Milk code -_— 16-28 et seq. Milk and milk products. See that title URINALS Plumbing installations 30-8 Plumbing. See that title UTILITIES Electrical regulations 13-1 et seq. Electricity. See that title Gas mains 36-1 et seq. Gas mains. See that title 3108 7 CODE INDEX WEIGHTS AND MEASURES—Cont'd. Section Coal, coke, etc. 24-107 Dry commodities 25-101 Flour 24-105 Grain 24-108 Hay or straw 24-108 Inspections 24-109 Milk bottles 24-104 Standard weight or measure Sales required to be by 24-100 Standards established 24-99 Testing of apparatus 24-110 Violations, penalties 24-111 WILDLIFE Interfering with park animals 27-44 WINE' AND BEER Alcoholic beverage regulations 5-1 et seq. Alcoholic beverages. See that title WORDS AND PHRASES General definitions for interpreting code 1-2 WRITS, WARRANTS AND OTHER PROCESSES Clerk, service of notices, etc. 2-119 Defacing legal notices, etc. 3-2 WRITTEN, IN WRITING Definitions for interpreting code Y YARDS Livestock keeping restrictions Animals and fowl. See that title YEAR, FISCAL Designated 2-3 YEAR, MONTH Defined 1-2 ZONING (Appendix A) (Note—References are to section numbers of the zoning appendix A, however, certain references and cross references are to chapter and section numbers of the code itself) Accessory buildings, structures or uses Application and scope 1-2 7-2 - 3115 .3403.3 DUBUQUE _CODE ZONING (Appendix A)—Cont'd. Section District requirements. See herein specific districts Supplementary requirements 5-101 Administrator. See hereinbelow: Zoning Administrator Adoption and repeal. See within this title: Provisions AG -Agricultural district regulations Enumerated 4-102 Airport zoning commission 4-4T et seq. Airports and aircraft. See that title Amendments and zoning reclassification General statement of intent 8-101 Hearing and notice procedures 8-104 Ordinance amendment procedure 8-102 Procedures and policies 8-101 et seq. Provisions. See within this title that subject Reclassification posting 8-104 Reclassification procedure 8-103 Amortization provisions 2-109 Appeals Board of adjustment. See hereinbelow that subject Area Yards and open spaces. See within this title that subject Board of adjustment Appeals from decisions of 6-108 Appeals to the board Standards and procedures 6-105 Conditional use permits 6-106 Establishment 6401 General powers 6-104 Membership 6-102 Rules, meetings, general procedure 6-103 Variances 6-107 Building permits General building permit requirement 7-103 Issuance during zoning reconsideration 10-4 Buildings. See also that title Fronting on a public or approved private street re- quired 3406 Limitations on number 3-104 Bulk plant service stations 14-48 Gasoline service stations and tank trucks. See that Bulk regulations Applicability and scope 3-103.5 C-1, Commercial district Requirernents 4-112 3116 CODE INDEX ZONING (Appendix A)—Cont'd. Section C-2 Local service commercial district Requirements 4-113 C -3i Arterial business commercial district Requirements 4-114 C-4General commercial district Requirements 4-115 C-5 Central business. district Requirements 4-116 0-6 Planned commercial district Requirements 4-117 Certificates of zoning compliance 7-103 Collection of fees 10-102 Commercial and industrial districts Off-street parking and loading space requirements5-104 Residential dwelling permitted in ___ 5-106 Commission Planning and zoning commission 29-16 et seq. Planning and zoning commission. See that title Conditional use permits Requirements and procedure __. 6-106 Conditional uses Application and scope 3-103.2 District requirements. See herein specific districts Temporary uses permitted as conditional uses in any district 5-107 Definitions Art. XI Districts Application of district regulations 4-101 District regulations 4-101 et seq. Establishment, designation 1-101 Temporary uses permitted as conditional uses in any district 5-107 Exemptions from provisions 3-103.7 Fee schedule 10-101 et seq. Fences, walls and hedges _ 3-105.3 General provisions ___ 3-101 et seq, Construction 3-101 Provisions. See within this title that subject General statement of intent.. See herein specific dis- tricts H -I Heavy industrial district Requirements 4-120 ID Institutional district Requirements 4-118 Intent. See herein specific districts 3117 DUBUQUE CODE ZONING (Appendix A)—Cont'd. Section L -I Light industrial district Requirements 4-119 Licenses Construed 3-102.5 Liquor and beer premise lcoations 5-27 Lot size requirements 3-103.4 Lots All lots to front on a public or approved private street 3-106 Yards and open spaces. See within this title that subject Map Official zoning map 1-102 Minimum requirements 3-102.1 Nonconformities Amortization provisions 2-109 Extension or enlargement 2-102 General statement of intent 2-101 Limitation on repairs and maintenance 2-107 Nonconforming lots of record 2=103 Nonconforming structures 2-105 Nonconforming uses of land, etc. 2-104 Nonconforming uses of structures, etc. 2-106 Uses under conditional use permit provisions not nonconforming 2-108 Nonresidential districts Limitations 3-104.2 Occupancy permits 7-103 Official zoning map 1-102 Off-street parking and loading Applicability and scope 3-103.6 Commercial and industrial district requirements 5-104 Continuing obligation of property owner to main- tain 3-105.4 Open spaces. See hereinbelow: Yards and Open Spaces OR -1 Office -residential district regulations Enumerated 4-109 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Parking Off-street parking and loading. See hereinabove that subject Permits Conditional use permits. See hereinabove that sub- ject 3118 CODE INDEX ZONING (Appendix A)—Cont'd. Section Planned unit development district regulations 4-110 Principal permitted uses. See also herein specific dis- tricts Application and scope 3-103.1 Private agreements, 3-102.3 Provisions Adopting and repeal of 12-101 et seq. Amendments and zoning reclassification 8-101 et seq. Application and scope of regulations 3-103 Cumulative 3-102.6 Effective date of ordinance provisions 12-101 Exemptions from regulations 3-103.7 Minimum requirements 3-102.1 Overlapping or contradictory regulations 3-102.2 Repeal of conflicting ordinances 12-102 Rules governing interpretation 3-102 Separability 3-102.7 Violations and penalties 9-101 et seq. Words and phrases construed 3-101 Public or approved private street All lots and buildings to front on 3-106 R4—Residential district regulations Enumerated 4-104 R-2—Residential district regulations Enumerated 4-105 R-3—Residential district regulations Enumerated 4-106 R -4 ---Residential district regulations Enumerated 4-107 R-5—Residential district regulations Enumerated 4-108 Residential districts General statement of intent for 4-103 Residential dwellings Permitted in commercial districts 5-106 Residential or office residential districts Limitations 3-104.1 Schedule of fees 10-101 et seq. Site plan review provisions 5403 Sign regulations Enumerated 5-105 Structures. See within this title: Buildings Supplementary district regulations Accessory use provisions 5-101 General provisions 5-102 Site plan review provisions 5-103 3119 DUBUQUE CODE ZONING (Appendix A)—Cont'd. Section Swimming pool locations 10-38 Unlawful uses 3-102.4 Uses District uses. See herein specific districts Variances Procedure and standards governing 6-107 Violations and penalties 9-101 et seq. Yards and open spaces All required yards to be open, unoccupied space 3-105.1 Continuing obligation of property owner to maintain 3-105.4 Fences, walls and hedges 3-105.3 Permitted obstructions in required yards 3-105.2 Restrictions governing allocation and disposition 3-105 Zoning administrator .7-102 Schedule of fees, collection of fees, etc. 10-101 et seq. Zoning commission Planning and zoning commission 29-16 .et seq. Planning and zoning commission. See that title Zoning lot Limitations on uses on a zoning lot _____ 3-104 Zoning map. See hereinabove: Official Zoning Map 3120