1 Supplement No. 07 - Code of Ordinances - March 198171e
TABLE OF CONTENTS
Page
Officials of City at Time of Codification iii
Preface v
Ordinance Adopting Code ix
CODE OF ORDINANCES
Chapter
1. General Provisions 1
2. Administration 55
Art. I. In General 55
Art.. II. City Council 5.8
Div. 1. Generally ____ 58
Div. 2. Rules of Procedure 60
Art. III. Departments, Officers and. Employees 65
Div. 1. Generally __ 65
Div. 2. Mayor 67
Div. 3. Manager 6.8
Div. 4. City Clerk 71
Div. 5. Legal Department 74
Div. 6. City Treasurer 77
Div. 7. Director of Public Works _ 78
Art. IV. Civil Service Commission 78.1
Art. V. Emergency Succession ____ 80
3. Advertising 133
Art. I. In General 133
Art. II. Billposters, Billposting and Distribut-
ing 134
Art. III.Signs 136
Div. 1. Generally 136
Div. 2. Construction 140
Div. 3. Licenses, Permits and Bonds 143
4. Airport 191
Art. I. In General 191
Art. rih. Parking Lots 194
Art. II. Commission 199
Art. III. Manager 201
Art. IV. Zoning Commission 202.
Supp. No. 5
xv
Chapter
DUBUQUECODE
Page
Art. V. Zoning Regulations _.____ 203
Div. 1. Generally 203
Div. 2. Board of Adjustment ___________. 207
Div. 3. Zones 209
Div. 4. Height Limitations 210
Div. 5. Land and Nonconforming Use
Restrictions 212
5. Alcoholic Beverages 263
Art. I. In General 263
Art. II. Liquor Control Licenses and Beer Per-
mits 267
Amusements
327
Art. I. In General 327
Art. II. Billiard and Pool Halls 327
Div. 1. Generally 327
Div. 2. License 329
Art. III. Bowling Alleys 330
Art. IV. Circuses, Carnivals and Menageries 331
Art. V. Open Air Shows 333
Art. VI. Public Dances and Dance Halls 334
Art. VII. Shooting Galleries 338
.Art. VIII. Theaters and Halls 338
Art. IX. Roller Skating Rinks ____ 340
Animals and Fowl
Art. I. In General
Art. IL Dogs
8. Auctions
Art.
Art.
9. Bicycles
Art.
Art.
Supp. No. 5
393
393
396
Div. 1. Generally 396
Div. 2. License 399
Div. 3. Rabies Control _____ 401
and Auctioneers 453
I. In General 453
II. Licenses and Permits 454
I. In General
II. Registration
xvi
507
507
509
CODE OF ORDINANCES
Chapter 1
GENERAL PROVISIONS
Sec. 1-1. How Code designated and cited.
The ordinances embraced in the following
sections constitute and are designated the "Code
City of Dubuque, Iowa," and may be so cited.
State law reference—Codification of ordinances, I.C.A.
chapters and
of Ordinances,
§ 380.8.
Sec. 1-2. Rules of construction.
In the construction of this Code, the following rules shall
be observed, unless such construction would be inconsistent
with the manifest intent of the city council or repugnant to
the context of the provisions:
City. The words "the city" or "this city" shall mean the
City of Dubuque, Iowa, and extend to its several officers,
agents and employees.
City attorney. The words "city attorney" shall mean the
chief legal officer of the city.
Clerk. The word "clerk" shall mean the clerk of the city.
Computing time; holidays. In computing time, the first day
shall be excluded and the last included, unless the last day
falls on Sunday, in which case the time prescribed shall be
extended so as to include the whole of the following Monday,
provided that, whenever the last day for the commencement
of any action or proceedings, the filing of any pleading or
motion in a pending action or proceedings or the perfecting
or filing of any appeal from the decision of any court, board,
commission or official falls on a Saturday, a Sunday, or legal
holiday, any day appointed or recommended by the governor
of Iowa or the President of the United States as a day of
fasting or thanksgiving, the time therefor shall be extended
to include the next day which is not a Saturday, Sunday or
legal holiday.
§ 1-2
DUBUQUE CODE § 1-2
County. The words "the county" or "this county" shall
mean the County of Dubuque in the State of Iowa.
Delegation of authority. Whenever a provision appears re-
quiring an officer of the city to do some act or make certain
inspections, it is to be construed to authorize the officer to
designate, delegate and authorize subordinates to perform the
required act or make the required inspection unless the terms
of the provision or section designate otherwise.
Gender. Words importing the masculine gender only may
be extended to females.
Joint authority. Words giving a joint authority to three
(3) or more public officers or other persons shall be con-
strued as giving such authority to a majority of them, unless
otherwise provided.
Land, real estate. The word "land" and phrases "real
estate" and "real property" include land, tenements, heredit-
aments, and all rights thereto and interest therein, equitable
as well as legal.
Misdemeanor. The word "misdemeanor" shall mean any
unlawful violation of any ordinance of the city, for which,
upon conviction thereof, there is prescribed a punishment.
Month, year. The word "month" means a calendar month
and the word "year" means a calendar year.
Number. Words importing the singular number may be
extended to several persons or things, and words importing
the plural number may be applied to one person or thing.
Oath, affirmation. The word "oath" includes affirmations
in all cases where an affirmation may be substituted for an
oath, and in like cases the word "swear" includes "affirm."
Officials, boards, commissions, etc. Whenever reference is
made to officials, boards and commissions by title only, i.e.,
"council," "clerk," "the mayor," etc., they shall be deemed to
refer to the officials, boards and commissions of the City of
Dubuque.
§. 1-2 GENERAL PROVISIONS § 1-3
Person. The word "person" shall include and be applied to
corporations, associations, clubs, societies, firms, partnerships,
municipalities and bodies politic and corporate as well as to
individuals.
Personal property. The words "personal property" include
money, goods, chattels, evidences of debt, and things in action.
Property. The word "property" includes real and personal
property.
Shall; may. "Shall" is mandatory; "may" is permissive.
State. The words "the state" shall be construed to mean
the State of Iowa.
Street. The word "street" shall mean any public street,
highway, boulevard, avenue, alley, parkway, sidewalk, public
place, plaza, mall or publicly owned right-of-way or easement
within the limits of the city.
Tense. Words used in the present or past tense include the
future as well as the present and past.
Words and phrases. Words and phrases shall be construed
according to the context and the approved usage of the
language; technical words and phrases and such others as
may have acquired a peculiar and appropriate meaning in
law shall be construed according to such meaning.
Written, in writing. The words "written" and "in writing"
mean any mode of representing words and letters in general
use, except that signatures, when required, must be made by
the writing or mark of the person.
State law reference—For similar provisions, see I.C.A. § 4.1.
Sec. 1-3. Catchlines, titles, headings and notes.
The catchlines of the several sections of this Code printed
in boldface type as well as the titles, headings, chapter heads,
section and subsection heads or titles, editor's notes, cross
references and state law references, unless set out in the body
of thesection itself, contained in this Code, do not constitute
any. , part . of the law, and are intended merely to indicate,
explain, supplement or clarify the contents of a section.
3
§ 1-4
DUBUQUE CODE § 1-7
Sec. 1-4. Severability of parts of Code.
The sections, paragraphs, sentences, clauses and phrases of
this Code are severable, and if any phrase, clause, sentence,
paragraph or section of this Code shall be declared invalid,
unenforceable or unconstitutional by the valid judgment or
decree of a court of competent jurisdiction, such invalidity,
unenforceability or unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs and
sections of this Code.
Sec. 1-5. Effect of repeals.
The repeal of an ordinance does not revive an ordinance
previously repealed, nor affect any rights which have accrued,
any duty imposed, or any proceedings commenced under or
by virtue of the ordinance repealed.
State law reference—For similar provisions, see I.C.A. § 4.1.
Sec. 1-6. Altering Code.
It shall be unlawful for any person to change or amend, by
additions or deletions any part or portion of this Code, or to in-
sert or delete pages, or portions thereof, or to alter or tamper
with such Code in any manner whatsoever which will cause
the law of the city to be misrepresented thereby.
Sec. 1-7. Amendments to Code; effect of new ordinances;
amendatory language.
All ordinances passed subsequent to this Code of Ordinances
which amend, repeal or in any way affect this Code may
be numbered in accordance with the numbering system of
this Code and printed for inclusion herein. When subsequent
ordinances repeal any chapter, section or subsection or any
portion thereof, such repealed portions may be excluded
from this Code by omission from reprinted pages. The subse-
quent ordinances as numbered and printed, or omitted in the
case of repeal, shall be prima facie evidence of such subse-
quent ordinances until such time as this Code and subsequent
ordinances numbered or omitted are readopted as a new code
of ordinances.
4
Chapter 2
ADIMINI'STRATION*
Art. I. In General, §§ 2-1-2-19
Art. II. City Council, §i§ 2-20-2-66
Div. 1. Generally, §§ 2-20-2-30
Div. 2. Rules of Procedure, §§ 2-31-2-66
Art. III. Departments, 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. Legal Department, §§ 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,
I.C.A. § 372.6.
'Cross references—Airport commission, Ch. 4, Art. II; airport man-
ager, Ch. 4, Art. III; airport zoning commission, Ch. 4, Art. IV; board
of adjustment for airport zoning regulations, Ch. 4, Art. V, Div. 2;
civic center commission, Ch. 101/2, Art. II; county -municipal civil defense
agency, Ch. 11, Art. II; elections, Ch. 12; electrical inspector, Ch. 13, Art.
II, Div. 3; electrical appeal board, Ch. 13, Art. II; Div. 4; examining board
for registration of electricians, Ch. 13, Art. III, Div. 2; fire depart-
ment, Ch. 14, Art. II; garbage, trash and refuse, Ch. 17; board of
health, § 18-1; city -operated ambulance service, Ch. 18, Art. II, Div. 3;
historic preservation commission, § 191/2-3 et seq.; housing regula-
tions administration and enforcement, § 20-2; procedures for abate-
ment of substandard housing, § 19-11 et seq.; human rights commis-
sion, Ch. 21,. Art. II; human relations enforcement, Ch. 21, Art. IV;
library, Ch. 23; city sealer of weights and measures, § 24-98; administra-
tion and enforcement of motor vehicles and traffic regulations, Ch. 25,
Art. II; department of public docks, Ch. 26, Art. V, Div. II; playground
and recreation commission, Ch. 27, Art. II; planning, Ch. 29; planning
and zoning commission, Ch. 29, Art. II; administration of plumbing
Supp. No. 5
5,5
§ 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 statelaw 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 asthe 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 ofeach year as the
fiscal year and all accounts, records, and transactions. shall be
closed on the last day of June asthelast day of the fiscal
year. (Ord. No. 34-51, § 1, 8-6-51)
Sec. 2-4. Bonds; approval.
Bonds of every character and description which are neces-
sary to be furnished the city by virtue of the provisions of
any ordinance thereof, except bonds required to be furnished
by public officials, may be approved by the city manager by
the endorsement of his approval thereon and filed in the office
of the city clerk and such approval :shall have the same force
and effect as if they were approved by the city council. (Ord.
No. 211, § 1, 12-18-28)
Sec. 2-5. Emergency location for city government.
(a) Whenever due to an emergency resulting from the ef-
fects of enemy attack, or the anticipated effects of a threat-
ened enemy attack, it becomes imprudent, inexpedient or
impossible to conduct the affairs of the city at the regular or
usual place or places thereof, the city council may meet at
any place within or without the territorial limits of the city,.
or at any place within or without the territorial limits of the
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; utilities, Ch. 36; Dubuque Cable TV 'Commission, Ch. 36, Art.
V, Div. 2; zoning, App. A; zoning board of adjustment, App. A, Art.
VI; zoning administration and enforcement, App. A, Art. VII.
Supp. No. 5
56
§ 2-53 ADMINISTRATION § 2-69
and every person indulging in such personalities shall be called
to order by the chair. (Res. No. 250-51, § 1, :(Rule 23), 7-16-51)
Sec. 2-54. Voting by ayes and nays; recording.
All voting shall be by aye and nay vote and shall be re-
corded by the city clerk. (Res. No. 250-51, § 1 (Rule 24),
7-16.51)
Sec. 2-55. Special meetings.
Special meetings shall be called in accordance with law.
(Res. No. 250-1, § 1 (Rule 25), 7-16-51.)
Secs. 2-56-2-66. Reserved.
ARTICLE III. DEPARTMENTS, OFFICERS AND
EMPLOYEES
DIVISION 1. GENERALLY
Sec. 2-67. Appointment.
Except as otherwise provided bystate or city law, the city
council shall appoint and remove city officers and employees
and prescribe their powers, duties, compensation and terms.
Sec. 2-68. Officers' salaries.
The annual salaries of the officers appointed shall be as
from time to time provided by the city council, which salaries
shall be paid in semimonthly installments ' to each officer
entitled thereto. (Ord. No. 90, § 5, 7-6-20)
Sec. 2-69. Officers' bonds.
(a) The following officers of the city shall provide bonds
annually in an amount as follows:
(1) City manager, five thousand dollars ($5,000.00) ;
(2) City treasurer, fifty thousand dollars ($50,000.00) ;
(3) City solicitor, one thousand dollars ($1,000.00) ;
(4) City clerk, five thousand dollars ($5,000.00).
Supp. No. 5
65
2-69
DUBUQUE CODE § 2-73
(b) The bonds furnished as required by paragraph (a) of
this section shall run from January first (or the date of taking
office) to December thirty-first following. Bonds in continuous
form shall not be acceptable and renewal certificates shall
not be deemed in compliance with the law.
(c) The cost of the bond of the city treasurer shall be paid
from the general fund, not to exceed one per cent per annum.
(Ord. No. 2-59, §§ 2-4, 1-5-59)
Sec. 2-70. General duties.
Each municipal officer shall exercise the powers and per-
form the duties prescribed by law and .ordinance, or as other-
wise directed by the council unless contrary to state law or
city charter.
Sec. 2-71. Annual reports.
At the end of each fiscal year, every officer of the city
shall make a full and complete report to the council together
with a statement of all money received and expended by him
during said year, which report shall be filed with the city
clerk before the first day of August of each year. (Ord. No.
34-51, § 2, 8-6-51)
Sec. 2-72. Books and records.
All books and records required to be kept by law or ordi-
nance shall be open to inspection by the public upon request.
Sec. 2-73. Deposits of municipal funds.
Prior to the fifth day of each month, each office or depart-
ment shall deposit all funds collected on behalf of the munici-
pality during the preceding month. The officer responsible for
the deposit of funds shall take such funds to the city treasurer,
together with receipts indicating the sources thereof and ob-
taining a receipt from the treasurer for the funds, or deposit
the funds directly in the city's bank account and give the city
treasurer a duplicate receipted deposit slip together with his
receipts indicating the sources of the funds.
Supp. No. 5
66
§ 2-74 ADMINISTRATION § 2-85
Sec. 2-74. Transfer of records and property to successor.
Each officer shall transfer to his successor in office all
books, papers, records, documents and property, together with
an invoice of the same, in his custody and appertaining to
his office.
Secs. 2-75-2-80. Reserved.
DIVISION 2. MAYOR
Sec. 2-81. Election; term.
The city council shall elect one of its members to serve as
mayor and such election shall be made at the first council
meeting in January of each year. The term of the mayor shall
be for one year. (Ord. No. 17-75, § 6, 6-9-75)
Sec. 2-82. Powers and duties generally.
The powers and duties of the mayor shall be as provided
in the Iowa Code.
Sec. 2-83. Chief executive officer.
The mayor is the chief executive officer of the city and pre-
siding officer of the. council. Except for the supervisory duties
which have been delegated by law to a city manager, the mayor
shall supervise all city officers and departments.
Sec. 2-84. Emergency powers.
The mayor may take command of the police and govern the
city by proclamation when he determines a time of emergency
or public danger exists. Within the city limits, he has all the
powers conferred upon a sheriff to suppress disorders.
Sec. 2-85. Mayor pro tem.
The mayor pro tem is vice-president of the council. When the
mayor is absent or unable to act, the mayor pro tem shall per -
67
§ 2-85 DUBUQUE CODE § 2-103
form the mayor's duties, except that the mayor pro tem may
not appoint, employ or discharge officers or employees without
the approval of the council. Official actions of the mayor pro
tem when the mayor is absent or unable to act are legal and
binding to the same extent as if done by the mayor. The mayor
pro tem retains all his powers as a member of the council.
Secs. 2-86-2-102. Reserved.
DIVISION 3. MANAGER
Sec. 2-103. Appointment; qualifications; oath; bond.
(a) It shall be the duty of the council to appoint some com-
petent person manager of the city, who shall be and act as the
administration head thereof, under the direction and super-
vision of the council, and shall hold office at its pleasure.
(b) The council, in appointing a manager, need not be in-
fluenced by the residence or nonresidence of the person se-
lected, having regard for his qualifications and fitness for
the position.
(c) During the absence of the manager by leave of the
council through sickness or other unavoidable causes, the
council may designate some properly qualified person to per-
form and execute the duties of his office.
(d) Before entering upon his duties, the manager shall take
an oath that he will support the Constitution of the United
States, the constitution of the state, and without fear or favor,
to the best of his ability, faithfully and honestly perform the
duties of his office.
(e) The manager shall execute a bond with a reliable surety
company as surety thereon, to be paid for by the city, in such
sumas the council may, by resolution, determine, which bond
shall be conditioned for the faithful performance of his duties
and shall be in favor of the city. (Ord. No. 89, §§ 1-3, 5,
7-6-20)
68
§ 2=104 ADMINISTRATIO'N § 2-106
Sec. 2-104. Office.
The manager shall have his office at the city hall, which
office shall be open on all days, Sundays and holidays excepted,
for the transaction of business for the city. (Ord. No. 89, § 4,
7-6-20)
Sec. 2-105. Chief administrative officer.
The city manager is the chief administrative officer of the
city.
Sec. 2-106. Duties.
The city manager shall:
(1) Supervise enforcement and execution of the city laws.
(2) Attend all meetings of the council.
(3) Recommend to the council any measures necessary or
expedient for the good government and welfare of the
city.
(4) Supervise the official conduct of all officers of the city
whom he has appointed, and take active control of the
police, fire, and engineering departments of the city.
(5) Supervise the performance of all contracts for work to
be done for the city, make all purchases of material
and supplies, and see that such material and supplies
are received, and are of the quality and charactercalled
for by the contract,
(6) Supervise the construction, improvement, repair, main-
tenance,, and management of all city property, capital
improvements, and undertakings of the city, including
the making and preservation of all surveys, maps, plans,
drawings, specifications, and estimates for capital im-
provements, except property, improvements, and under-
takings managed by a utility board of trustees.
(7) Cooperate with any administrative agency or utility
board of trustees.
69
§ 2-106 DUBUQUE CODE § 2-107
(8) Be responsible for the cleaning, sprinkling, and lighting
of streets, alleys, and public places, and the collection
and disposal of waste.
(9) Provide for and cause records to be kept of the issuance
and revocation of licenses and permits authorized by
city law.
(10) Keep the council fully advised of the financial and other
conditions of the city, and of its future needs.
(11) Prepare and submit to the council annually the required
budgets.
(12) Conduct the business affairs of the city and cause
accurate records to be kept by modern and efficient
accounting methods.
(13) Make to the council not later than the tenth day of
each month an itemized financial report in writing,
showing the receipts and disbursements for the preced-
ing month. Copies of financial reports must be available
at the clerk's office for public distribution.
(14) Appoint a treasurer subject to the approval of the
council.
(15) Perform other duties at the council's direction.
State law reference—Similar provisions, I.C.A. § 372.8(2) (a)—(o).
Sec. 2-107. Powers.
The city manager may:
(1) Whenever authorized by the council, sign all contracts
on behalf: of the city.
(2) Appoint administrative assistants, with the approval of
the council.
(3) Employ, reclassify, or discharge all employees and fix
their compensation, subject to civil service provisions
and chapter 70 of the Iowa Code, except the city clerk,
deputy city clerk, and city attorneys.
(4) Make all appointments not otherwise provided for.
70
§ 2-159
ADMINISTRATION § 2-165
DIVISION 6. CITY TREASURER
Sec. 2-159. Duties generally.
The duties of the treasurer shall be as provided in this
division.
Sec. 2-160. Fund records to be kept separate.
The city treasurer shall keep the record of each fund
separate.
Sec. 2-161. Receipt records.
The city treasurer shall keep an accurate record of all
money or securities received by him on behalf of the
municipality and specify date, from whom, and for what
purpose received.
Sec. 2-162. Preparation of receipts.
The city treasurer shall prepare a receipt in triplicate for
all funds received. He shall give the original to the party
delivering the funds, send the duplicate to the clerk, and
retain the triplicate.
Sec. 2-163. Account of disbursements, etc.
The city treasurer shall keep an accurate account of all
disbursements, money or property, specifying date, to
whom, and from what fund paid.
Sec. 2-164. Special assessments accounts.
The city treasurer shall keep a separate account of all
money received by him from special assessments.
Sec. 2-165. Disposition of receipts.
The city treasurer shall, immediately upon receipt of
monies to be held in his custody and belonging to the city,
deposit the same in banks selected by the city council in
amounts not exceeding monetary limits authorized by the
city council.
Supp. No. 6
77
§ 2-166 DUBUQUE CODE § 2-177
Secs. 2-166-2-168. Reserved.
DIVISION 7. DIRECTOR OF PUBLIC WORKS*
Sec. 2-169. Created; responsibilities generally.
(a) There is hereby created the office of director of public
works of the city.
(b) Said office shall be charged with the responsibility for
construction and operation of public works, and shall have
the responsibility for directing the activities of the several
divisions comprised in the publicworks department,
including water system, engineering, street maintenance,
sanitary and storm sewerage, wastewater treatment, refuse
collection and disposition, maintenance garage, and public
docks. (Ord. No. 31-76, § 1, 7-6-76; Ord. No. 81-79, § 1,
12-17-79)
Sec. 2-170. Qualifications.
The director of public works must be a person competent
in public works with extensive knowledge of public works
administration, design, construction and maintenance of
streets, sewers and other public works facilities and
services. (Ord. No. 31-76, § 2, 7-6-76)
Sec. 2-171. Appointment; term of office.
The city manager shall appoint a competent person to fill
the office of director of public works. This person shall hold
said office during the pleasure of the city manager. (Ord.
No. 31-76, § 3, 7-6-76)
Secs. 2-172-2-177. Reserved.
*Editor's note—Ord. No. 31-76, §§ 1-3, adopted July 6, 1976, did not
specifically amend the Code; thence, inclusion herein as Div. 7 of Art. III,
§§ 2-169-2-171, is at the discretion of the editor.
Cross references—Garbage, trash and refuse, Ch. 17; streets, sidewalks
and public places, Ch. 33; utilities, Ch. 36.
Supp. No. 6
78
§ 2-178 ADMINISTRATION § 2-182
ARTICLE IV. CIVIL SERVICE COMMISSION*
Sec. 2-178. Applicability; provisions to comply with statutes.
The provisions of this article shall apply to those persons
enumerated in Iowa Code section 400.6 and shall be in accord-
ance with the laws of the state.
Sec. 2-179. Created.
A civil service commission is hereby created under and in
accordance with the provisions of chapter 365 of the Iowa Code
Annotated. (Ord. No. 104, § 1, 8-12-21)
Sec. 2-180. Qualifications generally.
The civil service commissioners shall be citizens of Iowa
and residents of the city for more than five (5) years next
preceding their appointment, and shall not, while on the com-
mission, hold or be a candidate for any office of public trust.
(Ord. No. 104, § 1, 8-12-21)
Sec. 2-181. Appointment; term.
The mayor, with the approval of the council, shall appoint
three (3) civil service commissioners who shall hold office,
one (1) until the first Monday in April of the second year,
one (1) until the first Monday in April of the fourth year,
and one (1) until the first Monday in April of the sixth year,
after such appointment, whose successors shall be appointed
for a term of six (6) years. (Ord. No. 104, § 1, 8-12-21)
Sec. 2-182. Compensation.
The civil service commissioners shall serve without com-
pensation. (Ord. No. 104, § 1, 8-12-21)
*State law reference—Civil service, I.C.A. § 400.1 et seq.
Supp. No. 1
78.1
§ 4-14 AIRPORT § 4-15
for fifteen (15) minutes upon deposit of each five-
cent ($0.05) coin or thirty (30) minutes upon the
deposit of each ten -cent ($0.10) coin, but not more
than a total of one (1) hour at any one time. The
maximum legal parking time limit for any one
vehicle at any one time shall be one (1) hour.
(b) In parking lots nos. 3 and 5, one (1) parking
space shall be reserved for the handicapped. Such
meters shall show legal parking" for two (2) hours
upon the deposit of each twenty -five -cent ($0.25)
coin, but not more than a total of twenty-four
(24) hours at any one time. The maximum legal
parking time limit for any one vehicle at any one
time shall be twenty-four (24) hours.
(3) Lots nos. 2, 7 and 8: On parking lots nos. 2, 7 and 8,
parking spaces [shall be] rented at a rate of one dollar
($1.00) per day, and any portion of a day shall be
considered a full day.
(B) Airport Employee Permits. Airport employee permits
shall be available for a fee of one dollars. and fifty cents
($1.50) per year, or any portion thereof, to all persons em-
ployed on the airport, including corporate pilots, at the air-
port manager's discretion. These airport employee permits
shall be valid in lots nos. 7 and 8 only. [Fees for such] per-
mits are not refundable.
(C) Nonemployee Permits. Nonemployee permits will be
available on an annual basis at a cost of seventy-five dollars
($75.00) per year, prorated quarterly, to regular users of the
airport. Nonemployee permits will be allowed in all lots except
lot no. 1 and the rent -a -car lots. [Fees for such] permits are
not refundable. (Ord. No. 28-78, § 1, 5-1-78 ; Ord. No. 15-79,
§; 1, 2-5.79)
Sec. 4-15. Deposit of slugs, similar devices in parking meters.
It shall be unlawful to deposit or cause to be deposited in any
parking meter any slug, device or any metallic substitute for
any United States coin. (Ord. No. 28-78, § 1, 5-1-78)
Supp. No. 5
17
§ 4-16 DUBUQUE. CODE § 4-18
Sec. 4-16. Defacing, tampering with parking meters.
It shall be unlawful for any unauthorized person to open, or
for any person to deface, injure, tamper with or willfully break,
destroy or impair the usefulness of, any parking meter installed
pursuant to this article. (Ord. No. 28-78, § 1, 5-1-78)
Sec. 4-17. Collection and disposition of parking meter deposits.
It shall be the duty of the city manager to designate some
person or persons to make regular collections of money de-
posited in said parking meters and deliver the money to the
city treasurer, and he shall place such money in a special fund
to be known as the "Airport Parking Meter Fund." Such person
or persons making such collections shall be bonded and covered
by the city's honesty blanket position bond. (Ord. No. 28-78,
§ 1, 5-1-78)
Sec. 4-18. Enforcement of article.
(a) Generally. It shall be the duty of the airport manager,
under the direction of the city manager, to keep account of
all violations of this article.
(b) Specific requirements of enforcing authority.
(1) He shall keep an account of and report the number of
each parking meter which indicates that the vehicle'
occupying the parking space adjacent to such parking.
meter is or has been parking in violation of any of the
provisions of this article, the date and hour of such
violation, the make and the state license number of such
vehicle and any other facts, a knowledge of which is
necessary to, a thorough understanding of the circum-
stances attending such violation.
(2) He shall attach to such vehicle a notice -of -fine envelope,
stating that it has been parked in violation of this
article and instructing the owner or operator to report
to the traffic violation bureau in the city hall within
seventy-two (72) hours of the time of the violation.
(Ord. No. 28-78, § 1, 5-1-78)
Supp. No. 5
198
§ . 4-19 AIRPORT § 4-24
Sec. 4-19. Penalty for violations.
Any person violating any provision of this article shall be
deemed guilty of a misdemeanor, and upon conviction shall be
punished by a fine not exceeding one hundred dollars ($100.00),
and upon failure to pay said fine shall be imprisoned for
period not exceeding thirty (30) days. The word "person'?
herein shall include individual, firm, association or corporation.
(Ord. No. 28-78, § 1, 54-78)
Secs. 4-20, 4-21. Reserved.
ARTICLE II. COMMISSION*
Sec. 4-22. Powers—Generally.
The airport commission of the city shall have and exercise.
the powers to manage and control the municipal airport of
the city, except that such commission shall not have the power
to sell such airport. (Ord. No. 20-75, § 3, 6-16-75)
Sec. 4-23. Same—Rule-making.
The airport commission shall promulgate and put in force
such rules and regulations as shall be deemed necessary and
appropriate for the order, operation, management, control
and supervision of the municipal airport. A copy of such rules
and regulations shall be filed with the airport manager
together with any amendments thereto ; also, copies thereof
shall be posted in two (2) conspicuousplaces in the adminis-
tration building at the municipal airport. (Ord. No. 45-73, § 7,
8-20-73; Ord. No. 20-75, § 7, 6-16-75)
Sec. 4-24. ISame—Control of funds.
All funds derived from taxation or otherwise for airport
purposes shall be under the control of the airport commission
of the city for the purposes of management, operation and
control of the municipal airport andshall be deposited with
*Cross reference—Administration, Ch. 2.
Supp. No. 5
199
§ 4-24 DUBUQUE CODE § 4-24
the city treasurer to the credit of the airport commission and
.shall be disbursed only on the written warrant or order of
the airport commission including the payment of all indebted-
ness arising from the acquisition and construction of airports
and the maintenance, operation and extension thereof. (Ord.
No. 10-75, § 5, 6-16-75)
Supp. No. 5
200
§ 7-24 ANIMALS AND FOWL § 7-33
after the notice provided for in section 7-22 has been mailed,
the license shall automatically be revoked and the dog dis-
posed of as prescribed by the health officer.
(b) Any unlicensed dog not claimed by the owner within
three (3) days after it has been seized or impounded shall
be disposed of as prescribed by the health officer. (Ord. No.
8-74, § 4, 2-4-7'4)
Secs. 7-25-7-30. Reserved.
DIVISION 2. LICENSE*
Sec. 7-31. Required.
The owner of a dog shall, on or before the first day of
January of each year, apply to the city manager for a license
for each dog owned by such owner. Such application for
license may be made after January first or at such time as
a dog comes into the possession or ownership of the dog or
at such time as a dog has reached the age of six (6) months
after January first. (Ord. No. 8-74, § 2, 2-4-74)
Sec. 7-32. Application.
The owner, or other person responsible for the payment of
the license fee for the license required by this division shall
make application for the same to the city manager on forms
provided by him, which forms shall give the name and address
of the owner, the sex and description of the dog, and . when
known, its breed and age. In the event of a change in owner-
ship, the license holder shall notify the city manager of such
change. (Ord. No. 8-74, § 2, 2-4-74)
Sec. 7-33. Fees.
(a) The license fee per calendar year, or fraction thereof
for a dog license shall be three dollars ($3.00) for each male
*Cross reference—Licenses, permits and miscellaneous business regu-
lations, Ch. 24.
399
§ 7-34 DUBUQUE CODE § 7-37
dog, three dollars ($3.00) for each spayed female dog and
six dollars ($6.00) for each female dog not spayed.
(b) The applicant or licensee shall furnish written proof
from a duly licensed veterinarian that such female dog has
been spayed.
(c) The head of the family shall be liable for payment of
the license fee on any dog owned, harbored or kept by any
member of the family. (Ord. No. 8-74, § 2, 2-4-74)
Sec. 7-34. Issuance.
The city manager shall cause to be issued dog licenses upon
clue application and payment of the fee provided in this
division. (Ord. No. 8-74, § 2, 2-4-74)
Sec. 7-35. Tags not to be transferred.
A license tag issued for one dog shall not be transferred
to another dog. (Ord. No. 8-74, § 2, 2-4-74)
Sec. 7-36. Tag to be attached to dog's. collar.
The applicant for a dog license, upon procurement of the
license, shall securely attach the license tag to a collar or
harness, and this collar or harness, with the license tag
attached shall at all times be kept on the dog for which the
license is issued. Any dog found at large without a collar or
harness to which a license tag is attached shall be deemed
unlicensed and shall be impounded. (Ord. No. 8-74, § 2, 2-4-
74)
Sec. 7-37. Expiration; renewal; delinquent fee.
All dog licenses issued under this division shall expire on
December thirty-first of the year in which issued and shall
become delinquent on March thirty-first of the year in which
they are due. A penalty of one dollar ($1.00) shall be added
to the above prescribed license fees for all delinquent licenses.
(Ord. No. 8-74, § 2, 2-4-74)
400
'
§ 9 1/2 -11 BOATS, BOATING, DOCKS AND WATERFRONT § 9'/a -13
ramps. No passenger shall occupy a boat during the
launching thereof or in the removal of the boat from the
water and pulling the same up the ramp. (Ord. No. 14-73, §
8, 3-26-73)
Sec. 91/2-12. Repairs to boats in public launching
ramps.
Repair work to boats and motors shall not be conducted
while the boats are tried to the public launching ramps
except in an emergency situation where a reasonable
likelihood of injury to property or persons exists. (Ord. No,
14-73, § 8, 3-26-73)
Sec. 91/2-13. Watercraft operation rules.
All watercraft operating in waters under the jurisdiction
of the city shall conform to the following rules:
(a) Every operator of a motorboat shall at all times
navigate the same in a careful and prudent manner
and at such a rate of speed as not to endanger the
lives or property of others.
(b) No owner, operator or person in command of any
powerboat shall operate the same, or permit it to be
operated, at a speed in excess of eight (8) statute miles
per hour in any of the following areas:
(1) Within one hundred (100) feet of any person in the
water.
(2) Within two hundred (200) feet of any quay or
landing float to which boats are made fast, or
which is used for embarking or discharging
passengers.
(3) In the Ice Harbor, Pleasure Boat Harbor, and
Seventh Street Harbor.
(c) No person shall anchor a boat for fishing or other
purposes on any body of water under the jurisdiction
of the city in such a position as to dangerously
obstruct access to public landings.
Supp. No. 6
533
§ 91/243 DUBUQUE CODE § 91/2-31
(d) Operators of boats and all types of watercraft, when
mooring the same, shall exercise reasonable precau-
tions to make sure that the vessel or craft will not go
adrift and that the action of the water will not cause
it to injure or endanger the property of others. (Ord.
No. 41-57, § 2, 6-3-57)
Sec. 91/2-14. Removal of sunken, derelict or aban-
doned craft.
The dock board may direct the removal and destruction of
any sunken, derelict or abandoned craft, float or boathouse
when, after investigation, it determines that the same
constitutes a nuisance. The owner of any such craft, float or
boathouse shall remove the same when directed so to do by
the dock board and, upon his failure so to do, shall be guilty
of a misdemeanor and punished as provided in section 1-8
of this Code. (Ord. No. 41-57, § 8, 6-3-57)
Sec. 91/2-15. No -parking areas.
The dock board of the city is hereby authorized and
empowered to establish no -parking areas on the property
under its jurisdiction, and, when any such area shall be
established by dock board ordinance, and signs have been
posted giving notice thereof, it shall thereafter be unlawful
for the owner or operator of any motor vehicle or boat trailer
to park the same in such areas. (Ord. No. 41-57, § 9, 6-3-57)
Cross reference—Stopping, standing and parking generally, Ch. 25,
Art. VIII.
Secs. 91/2-16-91/2-30. Reserved.
ARTICLE II. DIVISION OF PUBLIC DOCKS*
Sec. 91/2-31. Created.
There is hereby created a division of the city to be known
as the division of public docks. (Ord. No. 181, § 1, 11-15-26;
Ord. No. 80-79, § 1, 12-17-79)
*Cross reference—Responsibility of director of public works to direct
activities of division of public docks, § 2-169.
Supp. No. 6 534
§ 111/2 -126
COMMUNITY DEVELOPMENT § 111/2 -127
revenue bonds, such request shall be accompanied by a
nonrefundable deposit in the amount of three thousand five
hundred dollars ($3,500.00) to cover preliminary expenses of
the city in its investigation of the desirability and feasibility
of such financing. Such payment will be disbursed by the
city to cover such expenses regardless if any such financing
is completed, but may be repaid as a project cost from bond
proceeds if and when such bonds are issued. (Ord. No. 2-75,
§ 1, 1-13-75)
Sec. 111/2-127. Same—Financing fee.
(a) The city shall charge a financing fee to be determined
by the city council each time industrial revenue bonds are
issued by it under the provisions of section 29-1.
(b) Fees so determined shall be not less than five
thousand dollars ($5,000.00) nor greater than the amount
equal to ten dollars ($10.00) per one thousand dollars
($1,000.00) of bonds for the first one million dollars
($1,000,000.00) of bonds issued, five dollars ($5.00) per one
thousand dollars ($1,000.00) of bonds for the next four
million dollars ($4,000,000.00) of bonds issued, and two
dollars ($2.00) per one thousand dollars ($1,000.00) of bonds
for any amounts issued in excess of five million dollars
($5,000,000.00). The maximum allowable fee should be
calculated on the principal amountof bonds issued at each
time of issuance of such bonds by the city. The fee
determined by the city council shall be deemed to cover all
of the services rendered by any and all officers and
employees of the city, and shall be considered to be a project
cost payable out of bond proceeds. (Ord. No. 2-75, § 2,
1-13-75)
Supp. No. 6
685
[The next page is 703]
§ 18-16 HEALTH AND SANITATION § 18-17
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.
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,
Supp. No. 3
1083
§ 18-17 DUBUQUE CODE § 18-17
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
Supp. No. 3
1084
§ 18-32 HEALTH AND SANITATION § 18-36
years unless earlier suspended, revoked or terminated, when
he finds:
(1) That each such ambulance, its required equipment and
the premises designated in the application, have been
certified by the health officer as provided for herein.
(2) That only duly licensed drivers, attendants, and attend-
ant -drivers are employed in such capacities.
(3) That all the requirements of this article and all other
applicable laws and ordinances have been met. (Ord.
No. 9-74, § 6, 2-4-74)
Sec. 18-33. Same—Defacing, etc., official entry.
No official entry made upon an ambulance license may be
defaced, removed, obliterated or altered. (Ord. No. 9-74, § 4,
2-4-74)
Sec. 18-34. Same --Transfer.
Application for transfer of any ambulance license to another
or substitute license to another or to substitute a vehicle
shall require conformance with all the requirements of this
division as upon original licensing. No ambulance license may
be sold, assigned, mortgaged or otherwise transferred with-
out approval of the license officer and a finding of conform-
ance with all the requirements of this division as upon original
licensing. (Ord. No. 9-74, § 4, 2-4-74)
Sec. 18-35. Same—Termination upon change of ownership.
Any change of ownership of an ambulance licensed under
this division shall terminate the license and shall require a
new application and a new license and conformance with all
the requirementsof this division as upon original licensing.
(Ord. No. 9-74, § 4, 2-4-74)
Sec. 18-36. Attendant -driver's license—Required for operation.
No ambulance shall be operated as such, and no person shall
drive, attend or permit it to be operated, on the streets, alleys,
1091
§ 18-36
DUBUQUE CODE § 18-37
or any public way or place of the city unless it shall be under,
the immediate supervision and direction of one individual' who'
is holding a currently valid license as an attendant -driver,
accompanied by another individual who is holding a currently
valid license as either an attendant -driver or as an attendant.
(Ord. No. 9-74, § 2, 2-4-74)'
Sec. 18-37. Same -Applications.
Applications for drivers', attendants' and attendant -drivers'
licenses under this division shall be made upon such forms
as may be prepared or prescribed by the license officer and
shall contain:
(1)
The applicant's full name, current residence, places of
residence for five (5) years previous to moving to his
present address, and his present address.
(2) The applicant's age, marital status, height, color of
eyes and hair.
(3) Whether he has ever been convicted of a felony or mis-
demeanor, and if so, when and where and for what.
cause.
(4) The applicant's training and experience in the transpor-
tation and care of patients and whether he has previ-
ously been licensed as a driver, chauffeur, attendant
or attendant -driver, and if so, when and where, and
whether his license has ever been revoked or suspended
in any jurisdiction and for what cause.
(5) Affidavits of good character from two (2) reputable
citizens of the United States who have personally known
such applicant and observed his conduct during one
year preceding the date of his application.
(6) Two (2) recent photographs of the applicant, of a size
designated by the license officer, one of which shall be
attached by the license officer to the license.
(7) Such other information as the license officer shall deem
reasonably necessary to a fair determination of compli-
ance with this article.
1092
§ 18-52 HEALTH AND SANITATION
DIVISION 3. CITY OPERATED SERVICE
Sec. 18-52. Rates—Established.
§ 18-53
There is hereby established the following schedule of rates
and charges for city ambulance service:
(1) For transporting one person from any point within the
city limits to any hospital, doctor's office, nursing
home, home for the aged, convalescent home or any
other point within the city, thirty-five dollars ($35.00).
per trip.
(2) For transporting one person from any hospital, doctor's
office, nursing home, convalescent home, home for the
aged, or any other point within the city to any point
located within the city, thirty-five dollars ($35.00) per
trip.
(3) For transporting one person from any point outside of
the city to any hospital or doctor's office within the
city, forty dollars ($40.00) plus fifty cents ($0.50) per
mile, per trip.
(4) For transporting one person from any hospital or doc-
tor's office within the city to any point outside of the
city, forty dollars ($40.00) plus fifty cents ($0.50) per
mile, per trip.
(5) In addition to the above charges, there may be imposed
a further charge of ten dollars ($10.00) per hour, or
fraction thereof, for delays in excess of ten (10) min-
utes, not caused by the ambulance driver. (Ord. No.
10-74, § 1, 2-4-74)
Sec. 18-53. Same -Computation of mileage.
For the purpose of the schedule set out in section 18-52,
mileage shall include the entire distance traveled by the ambu-
lance in providing the service from leaving the garage to
return to the garage. (Ord. No. 10-74, § 2, 2-4-74)
1097
§ 18-54 DUBUQUE CODE § 18-56
Sec. 18-54. Same—City manager's authority to adjust.
The city manager of the city is hereby authorized and
empowered, in his discretion, to make adjustments in the rates
and charges to be fixed for city ambulance service in such
cases where the need for such ambulance service is required
to repeatedly transport a person of limited financial means.
The city manager shall have the authority to require proof
of the financial status of a person seeking the benefits of this
section for such service. (Ord. No. 10-74, § 5, 2-4-74)
Sec. 18-55. Service area limited.
The city ambulance service may make calls or provide ambu-
lance service only to points in Iowa within the county or to
points in Illinois or Wisconsin within five (5) miles of the
city. (Ord. No. 10-74, § 3, 2-4-74)
Sec. 18-56. Service outside city.
The city manager is hereby authorized and empowered to
enter into agreements with any authorized officials or govern-
ing body to provide emergency ambulance service to any point
in the States of Wisconsin or Illinois within five (5) miles
of the city, or to any point in the county, which agreement
shall be reduced in writing and signed before any such service
is rendered and shall provide that such official or governing
body shall guarantee the payment of the fees established in
section 18-52 of this division. All service authorized by the
county officers shall be billed directly to the county sheriff's
office. All service authorized by the county welfare office
shall be billed to the county welfare office. All service author-
ized by the East Dubuque police department shall be billed to
the East Dubuque police department. All other : calls made in
this county, Jo Daviess County or Grant County must be pay-
able in advance. (Ord. No. 10-74, § 4, 2-4-74)
[The next page is 1149j
1098
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 1.84, Fees for Certificate of Registration is amend-
ed to read as follows
The application fee for the initial certificate of registra-
tion shall be one hundred dollars ($100.00) and shall be
submitted with the application. No fees shall be refunded
whether the certificate is issued or denied. The annual re-
newal fee for such certificate of registration shall be five
dollars ($5.00). (Ord. No. 3-77, Pt. 1, 2-7-77)
Section 1.9.6, Examination Fee is amended to read as
follows :
The examination fee for a certificate of competency shall
be ten dollars ($10.00) per person, for one or more classes
of competency, when taken at one examination. The fee shall
be paid before examination, and at the time of applica-
tion ; and there shall be no refund for any reason. Reexam-
ination fees shall be as above for a first examination. The
fee for an examination does not include the fee for an origi-
nalcertificate of competency. The fee for an original cer-
Supp. No. 3
1149
§ 19-2 DUBUQUE CODE § 19-2
tificate of competency shall be five dollars ($5.00) and
shall be in addition to the examination fee. (Ord. No. 3-77,
Pt. 1, 2-7-77)
Section 1.9.13, Expiration and Renewal of Certificates of
Competency is amended to read as follows :
Certificates of competency may be renewed annually
upon presentation of the receipt from the City of Dubuque
treasurer for the renewal fee on or before January 15 of
each year commencing with January 15 of the year follow-
ing the year in which the certificate of competency was
first issued. The date of such renewal shall be endorsed
on the certificate. In the event the holder of any such cer-
tificate of competency shall fail to renew the same in the
manner herein provided, the certificate shall expire and a
new one shall not be issued without making application for
a new certificate, paying the fee therefor and submitting to
examination as required in the first instance. The annual
renewal fee for a certificate of competency shall be two
dollars ($2.00). (Ord. No. 3-77, Pt. 1, 2-7-77)
Section 1.10.2, Permit and Permit Fee Schedule is amended
to read as follows :
In accordance with section 1.10 of this code, a permit
shall be required for each of the following :
Permit Fee*
Maximum Maximum
Maximum Rated Rated
Rated Btuh Input Btuh Input
Btuh Input 400,000— 2,500,000
Item 1-399,000 2,499,000 and Over
Boiler, steam or hot water:
Hand -fired $10.00 $20.00 $30.00
Oil- or gas-fired 10.00 20.00 30.00
Furnace, warm air heating:
Hand -fired 10.00 20.00 30.00
Oil- or gas-fired 10.00 20.00 30.00
*Editor's note—Ord. No. 3-77 as found on pp. 50-52 of the published
council "minutes for 1977 contains no explanation of the * found therein.
Supp. No. 3
1150
§ 19-2 HEATING, AIR CONDITIONING, ETC.
Furnace or oven:
§ 19-2
Class A 10.00 20.00 30.00
Class B 10.00 20.00 30.00
Class C 10.00 20.00 30.00
Class D 10.00 20.00 30.00
Resetting of furnace
or boiler 5.00 10.00 15.00
Floor furnace,
oil or gas* 5.00 10.00 15.00
Room heater:
Floor -mounted 5.00 10.00
Recessed,
wall -mounted* 5.00
Flush,
wall -mounted* 5.00
Unit heater, fire and
vented only _____ 5.00
Gas conversion or
replacement burner 10.00 20.00 30.00
Oil conversion or
replacement burner 10.00 20.00 30.00
Stoker or other solid fuel
burner, conversion or
replacement 10.00 20.00 30.00
Dual fuel burners,
conversion, addition
or replacement 15.00 30.00 45.00
Water heaters, coal-, gas- or
oil -fired 5.00 20.00 30.00
Incinerators:
Residential, fired or
unfired 5.00 10.00 20.00
Commercial, fired or
unfired 10.00 20.00 30.00
Supp. No. 2
1151
§ 19-2 DUBUQUE CODE § 19-2
Incinerators:
Industrial, fired or
unfired 15.00 30.00 45.00
Cooking or baking appliance:
Commercial, gas, oil
or coal 5.00 10.00 15.00
Industrial, gas, oil
or coal 5.00 10.00 15.00
Permit Fee
Ventilating or exhaust hood:
(1) Residential $ 1.00
(2) Commercial 5.00
(3) Industrial 10.00
Blower or fan (for dust, stack or vapor system) 5.00
Refrigeration unit or system (except portable ap-
pliances; factory -assembled, air-cooled, self-con-
tained, window -type air conditioning units, unless
attached to ducts; and factory -assembled, air-
cooled, self-contained refrigerating units), per unit
or system :
(1) Up to and including three (3) hp, and not to
exceed 34 -amp, 110 -volt, single-phase; 17 -amp,
220 -volt, single-phase; 10 -amp, 220 -volt, three-
phase 10.00
(2) Over three (3) hp, up to and including fifteen
(15) hp, not to exceed 85 -amp, 220 -volt,
single-phase; 49 -amp, 220 -volt, single-phase;
49 -amp, 220 -volt, three-phase 15.00
(3) Over fifteen (15) hp, up to and including
fifty (50) hp, and not to exceed 163 -amp, 220 -
volt, three-phase __ —_ 20.00
(4) Over fifty (50) hp 30.00
(Ord. No. 3-77, Pt. I, 2-7-77)
Section 1.10.4, Delinquent Permit, is amended to read as
follows:
Supp, No. 2
1152
§ 19-2 HEATING, AIR CONDITIONING, ETC.
§ 19-2
A "stop work immediately" order will be issued to any
person who shall commence any work for which a permit
is required by this ordinance [code] without first having
obtained a permit therefor, and shall, if subsequently per-
mitted to obtain a permit, pay double the permit fee fixed
by this section [for] such work; provided, however, that
this provision shall not apply to emergency work when it
shall be proved to the satisfaction of the administrative
authority that such work was urgently necessary and that
it was not practical to obtain a permit therefor before the
commencement of the work. In all such cases, a permit must
be obtained as soon as it is practical to do so, and if there
be an unreasonable delay in obtaining such permit, a double
fee as herein provided shall be charged. (Ord. No. 3-77, Pt.
1, 2-7-77)
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 auto-
matic pilot. (Ord. No. 67-68, § 1, 11-4-68; Ord. No.
74-68, § 1, 12-2-68)
(Ord. No. 67-68, § 1, 11-4-68; Ord. No. 74-68, § 1, 12-2-68;
Ord. No. 3-77, § Pt. 1, 2-7-77)
Supp. No. 2
1153
[The next page is 1171]
§ 19 1/2-6 HISTORICAL PRESERVATION § 19'/2 -6.1
Sec. 191/2-6. Identification and designation of historic
districts.
(a) The commission may conduct studies for the identifi-
cation and designation of historic districts meeting the
definitions established by this chapter. The commission may
proceed at its own initiative or upon a petition from any
person, group, or association.
(b) The commission may make a report and recommenda-
tion for the designation of an historic district, and may
conduct a public hearing thereon. Such report and
recommendation shall be filed with the planning and zoning
commission, and shall include a proposed ordinance
establishing such district and describing the boundary
thereof.
(c) Within sixty (60) days of the receipt of the report,
recommendation and proposed ordinance, the planning and
zoning commission shall report to the city council with
respect to the relation of such designation to the general
development plan, zoning ordinance, proposed public
improvements, and any plans for the renewal of the area
involved. Upon submission of the report of the planning and
zoning commission, or upon the expiration of the sixty-day
period, the matter shall be transmitted to the city council.
(d) Upon receiving the recommendation of the historic
preservation commission and the report of the planning
commission, the city council shall conduct a public hearing
on the ordinance establishing the proposed historical
preservation district. The council may approve or disapprove
the ordinance or may refer the historic district designation
to the commission for modification. (Ord. No. 18-77, §
5(a)—(d), 4-4-77)
Sec. 191/2-6.1. West Third/Alpine Historic Preserva-
tion District.
(a) Designated. The properties hereinafter described con-
stitute a district of historical and architectural significance
and shall hereafter be designated an historic preservation
district pursuant to this chapter, to wit:
Supp. No. 6 1177
§ 19'/2-6.1
DUBUQUE CODE § 19./2-7
All of Lots 1 through 3, inclusive; all of Lot 4 excepting
the northerly 10 feet thereof; all of the south half of Lot 6;
all of Lots 12 through 16, inclusive; and all of Lots 12A
through 16A, inclusive; all being in Paulina Langworthy's
Addition.
The west 15 feet of Lot 4; all of Lot 5, and Lot 6; all
being in McCoy Subdivision.
All of Lots 1 through 6, inclusive, of Lot 2 and Lot 3; all
of Lot 4; and all of Lots 5 through 8, inclusive, excepting
the northerly 12 feet of all of them; all being in Mrs. L. A.
Langworthy's Addition.
All of Lots 1 through 12, inclusive; all of Lots 17
through 21, inclusive; and all of Lots 49 through 53,
inclusive; all being in Julia Langworthy's Addition.
Lots 1 through 4, inclusive; Lot 1 of Lot 6; Lots 28
through 32, inclusive; Lot 1 of Lot,1 of Lot 1 of Lot 33; and
Lot 1 and Lot 2 of Lot 2 of Lot 33; all being in T. S.
Nairn's Dubuque Addition.
These properties are all located in the southwest quarter
of the northwest quarter of Section 25, Township 89
North, Range 2 East of the fifth principal meridian, in the
City of Dubuque, Iowa.
(b) Review standards adopted. The properties within said
described district shall be subject to the United States
Department of Housing and Urban Development's 1977
Guidelines for Rehabilitating Old Buildings as adopted by
the historic preservation commission for said commission's
review procedure that precedes the issuance of a certificate
of appropriateness pursuant to section 191/2 -8(b). (Ord. No.
47-79, §§ 1, 2, 8-6-79)
Editor's note—Ord. No. 47-79, §§ 1, 2, adopted Aug. 6, 1979, did not
expressly amend this Code; hence, codification as § 191/2-6.1 is at the
discretion of the editor.
Sec. 191/2-7. Demolition of structures in historic dis-
tricts.
Demolition of structures erected within historic districts
and deemed by the commission to be of a particular
Supp. No. 6 1178
§ 20-1 HOUSING § 20-1
20.1.04. Scope.
(a) Application generally. The provisions of this code
shall apply to all buildings or portions thereof designed,
used, or intended to be used for human habitation. Buildings
in exist -
Supp. Na. 6
1192.1
§ 20-1 HOUSING § 20-2
ence on April 2, 1979, may have their construction, design,
arrangement, use, occupancy, and building service equipment
continued if such construction, design, arrangement, use, occu-
pancy, or building service equipment was legal at the time of
such construction, use, occupancy or installation, provided
they are not presently and directly likely to endanger the life,
limb, health or safety of the building occupants or owners,
or the public in general. Every room in any building classified
in whole or in part as a dwelling, including every room in all
other occupancies in the same building, shall comply with all
the provisions of this code for dwellings and all other applica-
ble provisions pursuant thereto.
(b) Alteration of existing buildings, building service equip-
ment. Existing buildings and existing building service equip-
ment which are altered or enlarged shall be made to conform
to this code insofar as the new work is concerned and in ac-
cordance with section 104(a), (b), (c), (d), (e) and (i) of the
building code and all other applicable codes or ordinances,
(c) Relocations of buildings or structures. Buildings or
structures moved into or within the jurisdiction of the city
shall comply with all applicable provisions pertaining to the
construction of new buildings. (Ord. No. 20-79, § 1, 4-2-79)
Cross reference—Building code, § 10-1 et seq.
Sec. 20-2. Administration, enforcement of regulations.
20-2.01. Department Created; Authority, Powers and Duties
of Building Official; Liability for Compliance, Actions of
Enforcing Officers; Cooperation of Other Officials.
(a) Creation of housing division; building commissioner
designated administrative head, building official There is
hereby recreated the housing division in the building depart-
ment of the city government, which shall be under the admin-
istration and operational control of the building commis-
sioner who for the purposes of this code is hereby duly
appointed as deputy health officer and is hereby authorized
and directed to administer and enforce all provisions of this
code [and] is hereinafter referred to as the "building official"
Supp. No. 5
1193
§ 20-2 DUBUQUE - CODE § 20-2
or the "authority having jurisdiction." For such duties the
building official and his deputies and assistants shall have the
powers of law enforcement and police officer.
(b) Authority, powers and duties of building official—dep-
uties.
f f icial-dep-
uties. In accordance with the prescribed procedures and with
the approval of the appointing authority, the building offi-
cial may appoint such number of officers, inspectors, and
assistants, and other department employees, as shall be
authorized from time to time. The building official may depu-
tize such employees as may be necessary to carry out the
functions of the building department.
(c) Same—right of entry. Whenever necessary to make an
inspection to enforce any of the provisions of this code, or
whenever the building official or his authorized representa-
tive has reasonable cause to believe that there exists in any
building or upon any premises or vacant lot any condition or
code violation which makes such building, premises, or vacant
lot unsafe, dangerous or hazardous, the building official or his
authorized representative may enter such building, premises, or
vacant lot at all reasonable times to inspect the same or to per-
form any duty imposed upon the building official by this code;
provided that, if such building or premises be occupied, he shall
first present proper credentials and ask entry, and, if such
building or premises be unoccupied, he shall first make a
reasonable effort to locate the owner or other persons having
charge or control of the building or premises and ask entry.
If such entry is refused, the building official or his authorized
representative shall have recourse to. every remedy provided
by law to secure entry. No owner or occupant or any other .
person having charge, care or control of any building or
premisesshall fail or neglect, after proper demand is made as
herein provided, to promptly permit entry therein by the build-
ing official or his authorized representative for the purpose
of inspection and examination pursuant to this code. "Au-
thorized representative" shall include the officers named in
Section 20-2.01 (b) and (c) if this code.
(d) Same—stop orders. Whenever any work is being done
contrary to the provisions of this code, the building official
Supp. No. 5
1194
§ 20-2 HOUSING § 20-2
may order the work stopped by notice in writing served on any
persons engaged in the doing or causing such work to be done,
and any such persons shall forthwith stop such work until
authorized by the building official to proceed with the work.
(e) Same—orders to discontinue use. Whenever any build-
ing or structure or equipment therein regulated by this code is
being used contrary to the provisionsof this code, the build-
ing.official may order such use discontinued and the struc-
ture or portion thereof vacated, by notice served on any
person causing such use to be continued. Such person shall
discontinue the use within the time prescribed by the build-
ing official after receipt of such notice to make the structure
or portion thereof comply with the requirements of this code.
(f) Same—Disconnection of utilities in emergencies. The
building official or his authorized representative shall have
the authority to disconnect fuel gas utility service, or energy
supplies to a building, structure or equipment regulated by this
code in case of emergency where necessary to eliminate an
immediate hazard to life or property.
(g) Same—Orders to disconnect utilities. The building offi-
cial or his authorized representative shall have the authority
to order disconnection of any fuel gas utility, energy supplied
to a building, structure or equipment regulated by this code
when he ascertains that the equipment or any portion there-
of has become hazardous or unhealthy. Written notice of
such order to disconnect services and the causes therefor shall
be given within twenty-four (24) hours to the owner and
occupant of such building, structure or premises ; provided,
however, that in cases of immediate danger to life or prop-
erty, such disconnection may be made immediately without
such notice. The building official shall immediately notify
the serving utility in writing of the issuance of such order
to disconnect.
(h) Same—Condemnation of equipment. Whenever the
building official ascertains that any equipment or portion
thereof regulated by this code has become hazardous . to life,
health or property, he shall order in writing that such equip -
Supp. No. 5
1195
§ 20-2 DUBUQUE CODE § 20-2
ment either be removed or restored to a safe or sanitary
condition, as appropriate. The written notice itself shall fix
a time limit for compliance with such order. No person shall
use or maintain defective equipment after receiving such
notice. In cases of immediate danger to life or property, such
disconnection may be made immediately without such notice.
(i) Same—Preventing, restraining, etc., connection after
order to disconnect. No person shall make connections from
any energy; fuel or power supply or supply energy or fuel
to any equipment regulated by this code which has been dis-
connected or ordered to be disconnected by the building official
or the use of which has been ordered to be discontinued by
the building official until the building official authorizes the
reconnection and use of such equipment. When any equipment
is maintained in violation of this code, and in violation of any
notice issued pursuant to the provisions of this section, the
building official may institute any appropriate action to pre-
vent, restrain, correct or abate the violation.
(j) Liability.
(1) Of owner and occupant for compliance. Every owner re-
mains liable for violations of duties imposed upon him
by this code even though an obligation is also imposed
on the occupants of his building, and even though the
owner has, by agreement, imposed on the occupant the
duty of furnishing required equipment or for comply-
ing with this code. Every owner, or his agent, in addi-
tion to being responsible for maintaining his building
in a sound structural condition, shall be responsible
for keeping that part of the building or premises which
he occupies or controls in a clean, sanitary and safe
condition, including the shared or public areas in a
building containing two (2) or more dwelling units.
Every owner shall, where required by this code, the
health ordinance or the health officer, furnish and
maintain such approved sanitary facilities as required,
and shall furnish and maintain approved devices, equip-
ment or facilities for the prevention of insect and rodent
Supp. No. 5
1196
§ 20-2 HOUSING § 20-2
infestation, and, where infestation has taken place, shall
be responsible for the extermination of any insects,
rodents or other pests when such extermination is not
specifically made the responsibility of the occupant by
law or ruling.
Every occupant of a dwelling unit, in addition to be-
ing responsible for keeping in a clean, sanitary and
safe condition that part of the dwelling or dwelling
unit or premises which he occupies and controls, shall
dispose of all his rubbish, garbage, and other organic
waste in a manner required by the health ordinance and
approved by the health officer. Every occupant shall,
where required by this code, the health ordinance', or
the health officer, furnish and maintain approved de-
vices, equipment or facilities necessary to keep his
premises safe and sanitary.
(2) Of building official for enforcement actions. The build-
ing official, or his authorized representative, charged
with enforcement of this code, acting in good faith and
without malice in the discharge of his duties, shall not
thereby render himself personally liable for any damage
that may accrue to persons or property as a result
of any act or omission in the discharge of his duties.
A suit brought against the building official or em-
ployee because of such act or omission performed by
him in the enforcement of any provision of this code
shall be defended by legal counsel provided by this
jurisdiction until final determination of such pro-
ceedings.
This code shall not be construed to relieve from or lessen
the responsibility of any person owning, operating or con-
trolling any equipment regulated herein for damages to per-
sons or property caused by defects, nor shall the code enforce-
ment agency or its parent jurisdiction be held as assuming
any such liability by reason of the inspections authorized
by this code or any approvals issued under this code.
(k) Cooperation of other officials and officers. The building
official may request, and shall receive so far as is required, in
Supp. No. 5
1197
§ 20-2
DUBUQUE CODE § 20-2
the discharge of his duties, the assistance and cooperation of
other officials of this jurisdiction. (Ord. No. 20-79, § 1, 4-2-79)
20-2.02. Substandard or Unsafe Buildings, Structures, Dwell-
ing Units, Premises, Vacant Lots, or Building Service Equip-
ment Generally.
(a) Unsafe building structures. All buildings or structures
regulated by this code and the technical codes which are struc-
turally inadequate or have inadequate egress, or which consti-
tute a fire hazard, or are otherwise dangerous to human life
are, for the purpose of this section, unsafe.
(b) Unsafe building service equipment. Building service
equipment regulated by such codes, which constitutes a fire,
electrical or health hazard, or unsanitary condition, or is
otherwise dangerous to human life, is, for the purpose of this
section, unsafe.
(c) Unsafe uses of buildings, building service equipment.
Any use of buildings, structures or building service equip-
ment constituting a hazard to safety, health or public welfare
by reason of inadequate maintenance, dilapidation, obsoles-
cence, fire hazard, disaster, damage or abandonment is, for
the purpose :of this section, an unsafe use.
(d) Unsafe building appendages. Parapet walls, cornices,
spires, towers, tanks, statuary and other appendages or struc-
tural members which are supported by, attached to, or a part
of a building and which are in deteriorated condition or other-
wise :unable to sustain the design loads which are specified
in the building code are hereby designated as unsafe building
appendages.
(e) Nuisance status; abatement generally. All buildings,
structures, dwelling units, building service equipment or vacant
lots, or portions thereof, which are determined by the building
official to be .substandard or unsafe as defined in this or any
technical code adopted by the city, are declared to be a nuisance
and shall be abated by repair, rehabilitation, or demolition and
Supp. No. 5
1198
§ 20-2 HOUSING._. § 20-2
removal as provided by this code or other technical codes
adopted by the city. (Ord. No. 20-79, § 1, 4-2-79)
Cross references—Conditions defining substandard buildings, dwell-
ing units, and lots, § 20-10; procedure for abatement of substandard or
unsafe buildings, etc., Ch. 20, Art. II.
20-2.03. Housing Code Advisory and Appeals Board.
(a) Established, membership; terms of office. In order to
provide for interpretation of the provisions of this code and
to hear appeals provided for hereunder, there is hereby es-
tablished a housing code advisory and appeals board consist-
ing of nine (9) members and nine (9) alternate members.
The city council shall appoint one (1) housing code advisory
and appeals board member and one (1) alternate housing code
advisory and appeals board member from each of the follow-
ing: the building code board of appeals, the electrical board
of appeals, the mechanical board of appeals, the plumbing
board of appeals, the housing commission, the housing reha-
bilitation commission, and three (3) members from the com-
munity -at -large. The term of office for housing code advisory
and appeals board members and alternate board members shall
be for a term of three (3) years, except that the original ap-
pointment shall be four (4) members for three (3) years;
three (3) members for two (2) years, two (2) members for
one (1) year; four (4) alternate members for three (3) years,
three (3) alternate members for two (2) years, and two (2)
alternate members for one (1) year.
(b) Conduct of business. The board shall adopt reasonable
rules and regulations for conducting its business and shall
render all decisions and findings in writing to the appellant
with a copy of the building official. Appeals to the board shall
be processed in accordance with the provisions contained in
section 20-12.01 of this code. (The board shall have the right
to grant reasonable extensions of time to perform necessary
work to bring the dwelling into compliance with this code.
The board shall also have the right to waive deficiency corn-
pliance when .such deficiency does not present eminent danger
to the occupants of said dwelling unit, [and] when it can be
proven that such compliance will bring undue hardship upon
Supp. No. 5
1199
§ 20-2
DUBUQUE CODE § 20-2
the owner of said dwelling unit) . Copies of all rules or regu-
lations adopted by the board shall be delivered to the building
official, who shall make them freely accessible to the public.
(c) Decisions appealable to council. Any person who is ag-
grieved by the housing code advisory and appeals board may
petition the city council or board of health for a hearing, whose
judgment shall- be final except as otherwise provided for by
law.
(d) Advice, recommendations to council. The ho'using code
advisory and appeals board may also advise the city council
on any matters concerning this code and make recommenda,
tion for amendments to this code. (Ord. No. 20-79, § 1, 4-2-79)
20-2.04. Violations; Penalties and Other Remedies; Enforce-
ment Procedures Generally.
(a) Violations specified, declared misdemeanors; penalties.
It shall be unlawful for any person in any area under juris-
diction of the city to erect, cause or continue any attractive,
common, or public nuisance as defined by this chapter of the
Code of Ordinances, or as known at common law or in equity
jurisprudence; or to erect, construct, enlarge, alter, repair,
move, improve, remove, convert, demolish, equip, use, occupy
or maintain any building, structure, lot or other real property,
or any portion or combination thereof ; or cause or permit the
same to be done, contrary to or in violation of any of the
provisions of this code or any code or ordinance herein adopted
by reference. The doing of any act, or the omission of any act,
declared to be unlawful by this code, or any code or ordinance
herein adopted by reference, is declared to be a misdemeanor;
and each said act shall be deemed a separate offense for each
and every day or portion thereof during which any such un-
lawful act is committed, continued or permitted, and, upon
conviction, shall be punishable by a fine in a sum not less than.
ten dollars ($10.00) or not exceeding one hundred dollars
($100.00), or by imprisonment not to exceed thirty (30) days.
The penalty herein provided shall be cumulative with and in
addition to the revocation, cancellation or forfeiture of any
license or permit elsewhere in this Code ofOrdinances pro-
vided for violation thereof.
Supp. No. 5
1200
§ 20-5 HOUSING § 20-5
provided for rooms in the foregoing sections. No part
of any room in ` a dwelling hereafter erected shall be
enclosed or subdivided at any time, holly or in part, by a
fixed partition for permanent separate occupancy un-
less such part of the room so enclosed or subdivided
shall be separately lighted and ventilated as provided
for rooms in the foregoing sections. (Section 413.24,
Iowa Code)
(c) Mechanical ventilation. In lieu of required exterior
openings for natural ventilation, a mechanical ventilation sys-
tem may be provided. Such system shall be capable of provid-
ing two (2) air changes per hour in all guest rooms, dormi-
tories, habitable rooms, and in public corridors. One fifth (1/5),
of the air supply shall be taken from the outside. In bath-
rooms, water closet compartments, laundry rooms, and simi-
lar rooms, a mechanical ventilation system connected directly
to the ontside, capable of providing five (5) air changes per
hour, shall be provided. When facilities for interior climate
control (heating, cooling, and/or humidity) are integral func-
tions of structures containing dwelling units or rooming units,
such facilities shall be maintained and operated in a con-
tinuous manner and in accordance with the designed capacity
of the installed equipment. During instances when the integral
equipment is inoperative because of power or mechanical
failure, alternative provisions for fresh air ventilation of
each dwelling or rooming unit shall be provided. (See section
20-7.01(a).)
(d) Hallways. All public hallways, stairs, and other exit-
ways shall be adequately lighted at all times in accordance
with section 3312 (a) of the building code. Every public hall
and stairway serving not more than two (2) dwelling units
may be supplied with conveniently located light switches
controlling an adequate lighting system which may be turned
on when needed instead of full-time lighting.
(e) Color of multiple-dwelling walls:
(1) Courts: In multiple dwellings the walls of all courts,
unless built of a light-color brick or stone, shall be thor-
Supp. No. 5
1231
§ 20-5
DUBUQUE CODE § 20-5
oughly whitewashed by the owner or shall be painted a
light color by him, and shall be so maintained. Such
whitewash or paint shall be renewed whenever neces-
sary, as may be required by the health officer. (Sec-
tion 413.70, Iowa Code)
(2) Other rooms: In all multiple dwellings erected prior to
this chapter, the health officer may require the walls
and ceilings of every room that does not open directly
on the street to be calcimined or painted so as to furnish
adequate lighting of such room and may require this to
be renewed as often as may be necessary. (Section
413.71, Iowa Code)
(Ord. No. 20-79, § 1, 4-2-79)
Editor's note—For purposes of facilitating indexing and reference
the editor has included provisions relative to color of multiple -dwelling
walls, enacted pursuant to Ord. No. 20-79, § 1, adopted April 2, 1979,
as a new § 20-5.04(e). Said provisions were originally enacted as para-
graphs of § 20-5.05(g).
Cross reference—Mechanical ventilation requirements, § 20-7.01(c).
20-5.05. Sanitation.
(a) Water closets, lavatories, and bathtubs or showers gen-
erally. Every one -unit dwelling, two -unit dwelling, and class
A multiple dwelling shall be provided with at least one (1)
water closet, one (1) lavatory, and one (1) bathtub or shower
located in each dwelling unit.
Every class B multiple dwelling shall be provided with at
least one (1) water closet, one lavatory, and one (1) bath-
tub or shower located in each dwelling unit, or, where private
water closets, lavatories, and bathtubs or showers are not
provided within each dwelling unit, there shall be provided
on each floor for each six (6) dwelling units at least one
(1) communal lavatory, and one (1) communal bathtub or
communal shower accessible from a public ,hallway. Addi-
tional communal water closets, lavatories, and bathtubs or
showers shall be provided on each floor at the rate of one
(1) water closet, one (1) lavatory, and [one (1) ] bathtub or
shower for each ten (10) occupants or fractional number there-
of in excess of ten (10) occupants on that floor. Such facili-
ties shall be clearly marked for "Men" or "Women."
Supp. No. 5
1232
§ 21-1 HUMAN RELATIONS § 21-19
of this chapter. (Ord. No. 61-71, § 100, 12-6-71; Ord. No.
22-77, § 1, 4-18-77)
Cross reference—Rules of construction and definitions generally, § 1-2.
Secs. 21-2-21-15. Reserved.
ARTICLE II. HUMAN RIGHTS COMMISSION
Sec. 21-16. Created.
There is hereby created a human rights commission.
Sec. 21-17. Composition.
The commission created by this article shall consist of
nine (9) members. (Ord. No. 69-71, § 101, 12-6-71)
Sec. 21-18. Appointment; terms; filling of vacancies.
The human rights commission members shall be appoint-
ed 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)
Supp. No. 6
1285
§ 21-20
DUBUQUE CODE
§ 21-23
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
expenses 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)
Sec. 21-21. Removal of members for unexcused ab-
sences.
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
commission by majority vote may certify such fact to the
city council and petition the city council to declare a
vacancy by reason of such unexcused absence and appoint a
successor to fill such vacancy. (Ord. No. 61-71, § 102,
12-6-71; Ord. No. 4-73, § 2, 1-29-73)
Sec. 21-22. Rules.
The commission created by this article may adopt,
amend, or rescind such rules as may be necessary for the
conduct of its business. (Ord. No. 61-71, § 104, 12-6-71)
Sec. 21-23. Meetings.
(a) The commission shall hold meetings on a bimonthly
basis, during each calendar month, at a time and place to be
determined by its rules.
(b) The chairman, the vice-chairman, or any three (3)
members of the commission may call a special meeting by
giving at least one (1) clear day notice to every member of
the commission. The call for a special meeting shall include
an agenda, and only matters included in that agenda may
be discussed at the meeting.
(c) All meetings of the commission shall be held in
conformance with the Iowa Open Meetings Law, and closed
meetings shall be held only upon the affirmative vote of
two-thirds (2/3) of its members present.
Supp. No. 6 1286
§ 21-23 HUMAN RELATIONS § 21-26
(d) Members of the human rights commission shall attend
at least two-thirds (2/3) of all regularly scheduled meetings
within any 12 -month period. If any member does not attend
such prescribed number of meetings, it shall constitute
grounds for the commission to recommend to the city
council that said member be replaced. Attendance of all
members shall be entered on the minutes. (Ord. No. 61-71, §§
104, 105, 12-6-71; Ord. No. 22-77, § 2, 4-18-77; Ord. No.
86-79, § 1, 12-17-79)
Sec. 21-24. Quorum.
A quorum of the commission shall be five (5) members. A
majority of the members present and voting shall be
necessary 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
charges, complaints, reports of investigations, statements
and other documents or records obtained in investigation of
any charges shall be closed records. (Ord. No. 61-71, § 105,
12-6-71; Ord. No. 86-79, § 2, 12-17-79)
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 discrimi-
natory or unfair practice by conference, conciliation, or
persuasion, 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 complainant, witness, or other person from
publicizing the filing of a charge or complaint or the matter
therein complained of. (Ord. No. 61-71, § 105, 12-6-71)
Supp. No. 6
1287
§ 21-27 DUBUQUE CODE § 21-27
Sec. 21-27. Powers and duties.
The commission created by this article shall have the
following powers and duties:
(1) To receive, investigate, and finally determine the
merits of complaints alleging unfair or discriminatory
practices.
(2) To investigate and study the existence, character,
causes, and extent of discrimination in public
accommodations, employment, apprenticeship pro-
grams, on-the-job training programs, vocational
schools, other educational institutions, and housing in
this city and to attempt the elimination of such dis-
crimination by education and conciliation.
Reserved.
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 examination any books and papers
relating to any matter involved 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.
(5) To issue such publication and reports of investigations
and research as in the judgment of the commission
Supp. No. 6 1288
(3)
(4)
§ 25-30 MOTOR VEHICLES AND TRAFFIC
§ 25-31
Sec. 25-30. Unauthorized signs, signals or markings.
(a) No person shall place, maintain, or display upon or in
view of any street or highway any sign, signal, marking, or
device which purports to be or is an imitation of or resembles
an official parking sign, curb or other marking, traffic -control
device or railroad sign or signal, or which attempts to direct
the movement of traffic, or which hides from view or inter-
feres with the effectiveness of any official traffic -control
device or any railroad sign or signal, if such sign, signal,
marking, or device has not been authorized by the department
and city with reference to streets and highways under their
jurisdiction and no person shall place or maintain nor shall
any public authority permit upon any street or highway any
traffic sign or signal bearing thereon any commercial adver-
tising. This shall not be deemed to prohibit the erection upon
private property adjacent to highways of signs giving useful
directional information of a type that cannot be mistaken for
official signs.
(b) Every such prohibited sign, signal, or marking is hereby
declared to be a public nuisance and the authority having
jurisdiction over the street or highway is hereby empowered
to remove the same or cause it to be removed without notice.
(Ord. No. 33-49, § 6.1, 9-6-49)
State law reference—Similar provisions, I.C.A. § 321.259.
Sec. 25-31. Interference with signs, signals or devices; unlaw-
ful possession.
(a) It shall be unlawful for any person to willfully and
intentionally, without lawful authority, attempt to or in fact,
alter, deface, injure, knock down, or remove any official traf-
fic -control device, any authorized warning sign or signal or
barricade, whether temporary, or permanent, any railroad sign
or signal, any inscription, shield or insignia on any of such
devices, signs, signals, or barricades, or any other part thereof.
(b) It shall be unlawful for any person to have in his pos-
session any official traffic -control device except by reason of
his employment. (Ord. No. 33-49, § 6.2, 9-6-49; Ord. No. 26-73,
§ 1, 5-29-73)
State law reference—Similar provisions, I.C.A. § 321.260.
Supp. No. 1 1539
§ 25-32 DUBUQUE CODE § 25-45
Secs. 25-32-25-42. Reserved.
ARTICLE III. ACCIDENTS
Sec. 25-43. Reports required.
(a) The driver of a vehicle involved in an accident resulting
in injury to or death of any person or total property damage
to an apparent extent of two hundred and fifty dollars ($250.-
00) or more, shall immediately, by the quickest means of com-
munication, give notice of such accident to the chief of po-
lice.
(b) Every peace officer, who, in the regular course of duty,
investigates a motor vehicle accident of which a report must be
made as required in this section, either at the time of and at
the scene of the accident or thereafter by interviewing wit-
nesses shall, within twenty-four (24) hours after completing
such investigation, file a written report of such accident. (Ord.
No. 33-49, § 7.5, 9-6-49 ; Ord. No. 49-71, § 1, 9-27-71; Ord.
No. 42-75, § 1, 10-20-75)
State law reference—Similar provisions, I.C.A. § 321.266.
Sec. 25-44. Duty of driver when damage is to vehicle' only.,
The driver of anyvehicle involved in an accident resulting
only in damage to a vehicle which is driven or attended by
any person shall immediately stop such vehicle at the scene
of such accident or as close thereto as possible but shall forth-
with return to and in every event shall remain at the scene
of such accident until he has fulfilled the requirements of
section 25-45. Every such stop shall be made without obstruct-
ing traffic more than is necessary. (Ord. No. 33-49, ' § 7.1,
9-6-49)
State law reference—Similar provisions, I.C.A. § 321.262.
Sec. 25-45. Duty of driver to give information, aid.
(a) The driver of any vehicle involved in an accident result-
ing in injury to or death of any person or damage to any
vehicle which is driven or attended by any person shall give
Supp. No. 1 1540
§ 25-62 MOTOR VEHICLES AND TRAFFIC
§ 25-76
(2) That to comply would cause irreparable harm or injury
to the engine of such vehicle. (Ord. No. 33-49, § 30.2,
9-6-49; Ord: No. 22-74, § 1, 4-8-74)
Sec. 25-63. Sound level measurement.
Sound level measurements shall be made in accordance with
the following procedure :
All measurements shall be made with a sound level meter
using the "A" weighted scale in accordance with the
standards promulgated by the Society of Automotive En-
gineers and American National Standards Institute. (Ord.
No. 33-49, § 30.3, 9-6-49 ; Ord. No. 22-74, § 1, 4-8-74 ; Ord.
No. 63-74, § 1, 10-28-74; Ord. No. 21-76, § 1, 6-7-76)
Sec. 25-64. Enforcement of article.
The city police department shall enforce the provisions ,,of
this article. Such department shall be equipped with the appro-
priate equipment for measuring sound levels as provided in
section 25-63 for purposes of enforcing this article. (Ord. No.
33-49, § 30.4, 9-6-49; Ord. No. 22-74, § 1, 4-8-74; Ord. No.
63-74, § 1, 10-28-74)
Sec. 25-65. Testing of vehicles.
Where a motor vehicle is deemed to be in violation of this
article, the owner may transport it to a location to be deter-
mined by the chief of police, for further evaluation under
normal operating condition. If such vehicle is reevaluated and
found not to be in violation of the decibel standards outlined
in section 25-60, no further proceedings shall be instituted
and any citation which has been issued shall be dismissed.
(Ord. No. 33-49, § 30.5, 9-6-49; Ord. No. 22-74, § 1, 4-8-74;
Ord. No. 63-74, § 1, 10-28-74)
Secs. 25-66-25-76. Reserved.
Supp. No. 1
1545
§ 25-77 DUBUQUE CODE
ARTICLE V. MOTOR VEHICLES
DIVISION 1. GENERALLY
§ 25-79.
Sec. 25-77. Registration required.
(a) It is a misdemeanor for any person to drive or move
or for an owner knowingly to permit to be driven or moved
upon any street or highway any vehicle of a type required
to be registered under the laws of the state, which is not
registered according to such laws.
(b) No person shall operate, nor shall an owner knowingly
permit to be operated upon any highway any vehicle required
to be registered according to the laws of the state unless there
shall be attached thereto and displayed thereon when and as
required, a valid registration card and registration plate or
plates issued therefor for the current registration year. (Ord.
No. 33-49, §§ 2.1, 2.5, 9-6-49)i
State law reference—Similar provisions, Y.C.A. §§ 321.17, 321.98.
Sec. 25-78. Registration card to be signed, carried and exhib-
ited.
Every owner upon receipt of a registration card shall
write his signature thereon with pen and ink in the space
provided. Every such registration card shall at all times be
carried in the vehicle to which it refers and shall be shown
to any peace officer upon his request. (Ord. No. 33-49, § 2.2,
9-6-49; Ord. No. 55-71, § 1, 10-11-71)
State law reference—Similar provisions, I.C.A. § 321.32.
Sec. 25-79. Display of plates.
(a) Registration plates issued for a motor vehicle other
than a motorcycle or truck tractor shall be attached thereto,
one in the front and the other in the rear. The registration
plate issued for a motorcycle or other vehicle required to be
registered hereunder shall be attached to the rear thereof.
The registration plate issued for a truck tractor shall be
attached to the front thereof.
Supp. No. 1 1546
§ 25-79
MOTOR VEHICLES AND TRAFFIC § 25-79
(b) The registration plate issued for an auxiliary axle shall
be attached to the rear thereof when directly visible from
the rear, and in all other cases, shall be attached to the right
frame of such axle so as to be visible from the right side of
the vehicle utilizing such axle. (Ord. No. 33-49, § 2.3, 9-6-49)
State law reference—Similar provisions, I.C.A. § 321.37.
Supp. No. 1
1546.1
§ 25-210 MOTOR VEHICLES AND TRAFFIC § 25-210
Old Mill Road and Rockdale Road (Ord. No. 29-79, § 1,
5-30-79)
Shields Street and Jones Street
Steward Road and Rockdale Road (Ord. No. 29-79, §
5-30-79)
Woodland Drive and Foothill Road
NORTHBOUND AND SOUTHBOUND
Seventeenth Street, East, and Washington Street
Twenty-first Street, East, and Elm Street
Twenty-first Street, East, and Washington Street
Twenty-fourth Street, East, and Jackson Street
Twenty-fourth Street, East, and Washington Street
Twenty-fourth Street, East, and White Street
Twenty-fifth Street, East, and White Street
Twenty-sixth Street, East, and White Street
Twenty-seventh Street, East, and White Street
Twenty-eighth Street, East, and White Street
Twenty-ninth Street, East, and White Street
Thirtieth Street, East, and White Street
Bunker Hill and Clarke Drive
Cherry Street and Finley Street
Grandview Avenue, North, and Delhi Street
Hillcrest Road and Key Way Drive
Kaufmann Avenue and Crissy Drive
Keystone Drive and Key Way Drive (Ord. No. 38-78, § 1,
6-19-78)
Key Way Drive and Woodland Drive (Ord. No. 38-78, § 1,
6-19-78)
Supp. No. 6
1590.3
§ 25-210 DUBUQUE CODE § 25-210
Lincoln Avenue and Farley Street (Ord. No. 22-79, § 1,
4-2-79)
Lincoln Avenue and Johnson Street
Lincoln Avenue and Kniest Street
Lincoln Avenue and Stafford Street (Ord. No. 10-79, § 1,
1-16-79)
Queen Street and Twenty-fourth Street
Radford Road and Middle Road (Ord. No. 29-79, § 1,
5-30-79)
Roosevelt Street and Lincoln Avenue
Rosedale Street and Avoca Street
Westway Street and Key Way Drive (Ord. No. 38-78, §
6-19-78)
Windsor Avenue and Davis Street (Ord. No. 10-79, § 1,
1-16-79)
EASTBOUND
Bluff Street and West Twelfth Street
Crescent Ridge and Cedar Cross Road (Ord. No. 29-79, §
1, 5-30-79)
Curtis Street and Bryant Street (Ord. No. 36-79, § 1,
6-18-79)
Fremont Avenue and Wartburg Place
Front Street and Harbor Street
Grandview Avenue, North, and Delhi Street
Henion Street and Helena Street (Ord. No. 77-77, § 1,
11-21-77)
James Street and Langworthy Avenue
John F. Kennedy Road and University Avenue
Kennedy Court and Peru Road (Ord. No. 29-79, § 1,
5-30-79)
Supp. No. 6 1590.4
§ 25-210 MOTOR VEHICLES AND TRAFFIC § 25-210
Pearl Street and Gilliam Street
Randall Street and Bradley Street
Rider Street and Bradley Street
St. Ambrose Street and Rosedale Street
Sheridan Street and Goethe Street
Solon Street and Alpine Street
Sycamore Street and East Fifteenth Street
Theda Drive and Crissy Drive (Ord. No. 10-79, § 1,
1-16-79)
Vizalea Street and Keymont Street
Walnut Street and West Eleventh Street
Washington Street and East Thirteenth Street
Washington Street and East Fifteenth Street
Washington Street and East Sixteenth Street
Washington Street and East Eighteenth Street
Washington Street and East Nineteenth Street
Washington Street and East Twenty-fifth Street
Washington Street and East Twenty-ninth Street
Woodland Drive and Key Way Drive (Ord. No. 38-78, § 1,
6-19-78)
(Ord. No. 33-49, § 12.4, 9-6-49; Ord. No. 63-77, § 1, 9-19-77;
Ord. No. 77-77, § 1, 11-21-77; Ord. No. 26-78, § 1, 5-1-78;
Ord. No. 38-78, § 1, 6-19-78; Ord. No. 9-79, § 1, 1-16-79;
Ord. No. 10-79, § 1, 1-16-79; Ord. No. 11-79, § 1, 1-16-79;
Ord. No. 22-79, § 1, 4-2-79; Ord. No. 29-79, § 1, 5-30-79;
Ord. No. 36-79, § 1, 6-18-79; Ord. No. 59-79, § 1, 10-1-79)
Editor's note-The street schedule set forth in § 25-210(b) is derived
from Ord. No. 63-77, § 1, adopted Sept. 19, 1977, as amended from time to
time. Subsequent ordinances amending said street schedule by adding or
revising the provisions thereof are indicated in the history note following
the provision added or revised. A complete history note for § 25-210 appears
at the end of the section.
State law reference-Similar provisions, I.C.A. § 321.322.
Supp. No. 6 1590.7
§ 25-211 DUBUQUE CODE § 25-212
Sec. 25-211. Stop signs to be erected at entrances to
through streets and stop intersections;
stop required.
Stop signs shall be erected at entrances to through streets
and at one or more entrances to stop intersections. Every
driver of a vehicle shall stop at such sign or at a clearly
marked stop line before entering an intersection, except
when directed to proceed by a peace officer or traffic -control
signal. (Ord. No. 33-49, § 12.5, 9-6-59)
Sec. 25-212. Yield intersections.
(a) The driver of a vehicle approaching a yield sign at a
"yield" intersection shall slow down to a speed reasonable
for the existing conditions or shall stop, if necessary, and
shall yield the right-of-way to any pedestrian legally
crossing the roadway and to any vehicle in the intersection
or approaching so closely as to constitute a hazard. Said
driver having so yielded may proceed with caution.
(b) Those intersections designated are hereby declared to
be "yield intersections" for all purposes of this section:
(1) Northbound vehicles. Northbound vehicles must yield
before entering the intersection of:
Third Street, West, and James Street
Broadway Street and Diagonal Street (Ord. No. 12-79,
§ 2, 1-16-79)
Coates Street and Southgate Drive
Hillcrest and St. John Drive
Kirkwood and West Locust Street
New Haven and Mineral Street
Rockdale Road and the west ramp of Kerrigan Road
Rosedale and West Locust Street
St. Ambrose and Clarke Drive
Westway Drive and Graham Circle
Supp. No. 6
1590.8
§ 25-325
MOTOR VEHICLES AND TRAFFIC § 25-326
any motor vehicle registered in such person's name or
operated 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
"Christmas 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 parking 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
holidays, 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, Thanksgiv-
ing 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
districts in the city, to be known as parking meter districts
A, B and C, to be composed of streets and/or portions
thereof as follows:
PARKING METER DISTRICT
First Street, both sides, between Main and Locust Streets.
Sixth Street, both sides, between Locust and Bluff Streets.
Supp. No. 6
1611
§ 25-326 DUBUQUE CODE § 25-326
Seventh Street, both sides, between Central Avenue and
Iowa Street.
Seventh Street, both sides, between Locust and Bluff
Streets.
Eighth Avenue, north side, from Central Avenue to alley,
west.
Eighth Avenue, south side, between Locust and Bluff
Streets.
Eighth Avenue, south side, from White Street east for a
distance of sixty-six (66) feet.
Ninth Street, north side, between Iowa and Locust Streets.
Ninth Street, south side, between Locust and Bluff
Streets.
Tenth Street, both sides, between Iowa and Locust Streets.
Twelfth Street, south side, between Central Avenue and
White Street. (Ord. No. 63-79, § 2, 10-15-79)
Thirteenth Street, both sides, between Central Avenue and
Iowa Street.
Bluff Street, west side, between Seventh and Locust
Streets.
Central Avenue, both sides, between Fourth and
Eighteenth Streets.
Central Avenue, east side, between Eighteenth and
Nineteenth Streets.
Iowa Street, both sides, between Eleventh and Twelfth
Streets.
Iowa Street, east side, from Thirteenth Street to Loras
Boulevard.
Locust Street, west side, between Fourth and Eighth
Streets. (Ord. No. 63-78, § 1, 11-6-78)
Locust Street, both sides, between Ninth and Tenth
Streets. (Ord. No. 63-78, § 1, 11-6-78)
Supp. No. 6
1612
§ 26-143 OFFENSES, MISCEILANEOUS PROVISIONS § 26-144
(c) Lawn mowers, garden tools, etc. Powered equipment,
such as lawn mowers, small lawn and garden tools, riding
tractors and snow removal equipment which is necessary for
the maintenance of property, is kept in good repair and main-
tenance, and which equipment, when new, would not comply
with the standards set forth in this article, shall be exempted
from the provisions of section 26-141(a) No person shall
operate such equipment, with the exception of snow removal
equipment, during the hours of 8:00 p.m. through 8:00 a.m.
inclusive.
(d) Residential air conditioners. Noise emitted by resi-
dential air conditioners shall be judged by the criteria set
forth in section 26-144.
(e) Airplanes. Aircraft operations which are controlled
specifically by federal law and enforcement shall be exempted
from the provisions of this chapter.
(1) Disorderly conduct. Noise created by human behavior
and generally considered to be disorderly conduct shall be
exempted from the provisions of this chapter and are regu-
lated under sections 26-1 through 26-5 of this chapter.
(g) Bells, chimes. Bells, chimes, and similar devices which
signal the time of day and operate during the daytime hours
for a duration of no longer than five (5) minutes in any
given one hour period shall be exempt from the daytime noise
limitations of section 26-141 (a) .
Sec. 26-144. Residential air conditioners.
(a) Excessive noise prohibited. No person shall install, op-
erate or use any residential air conditioner, or combination
of residential air conditioners, which creates a noise level at
a lot line of any dwelling unit located on any adjacent prem-
ises in excess of the sound pressure levels listed in section 26-
141.
(b) Procedures of investigation. Upon receiving a com-
plaint, the director of health shall conduct a noise survey
through use of a sound level meter (see section 26-142). The
1691
§ 26-144 DUBUQUE CODE § 26-147
sound pressure level shall be measured at the lot line of the
premises with the sound level measuring microphone placed
at such point at or near the lot line in the most reasonable
proximity to the noise source. Results of this survey shall be
compared to the maximum permissible levels as set forth in
section 26-141. If the levels found in the survey exceed the
level of the dB (A) rating, the noise shall be deemed as ex-
cessive and in violation of this section. (Ord. No. 23-74, § 7,
4-8-74)
Sec. 26-145. Traffic.
Control of traffic noise shall be governed and regulated by
the provisions of chapter 24, article IV of this Code. (Ord. No.
23-74, § 8, 4-8-74)
Sec. 26-146. Sale, distribution, lease or rental of noisy equip-
ment.
No person shall sell, offer, distribute, lease or rent any new
or used vehicle, device or equipment intended for use within
the limits of the city which does not comply with the pro-
visions of this article or with rules and regulations adopted by
the director of health pursuant to the provisions of this
article or with any federal or state standards which apply to
such equipment and are intended to reduce or minimize the
noise emission from such equipment or device. (Ord. No.
23-74, § 9, 4-8-74)
Sec. 26-147. City contracts and purchases.
(a) Compliance of city contractors and subcontractors. It is
the policy of the city to comply with the noise emission stand-
ards, as set forth in this article, in its own operations and the
operations of its contractors and subcontractors. All contrac-
tors and subcontractors shall be notified of and required to
comply with the provisions of this article.
(b) City purchases. It is the policy of the city to purchase
oiily equipment which complies with the standards established
for the same by this article. (Ord. No. 23-74, § 10, 4-8-74)
Cross reference—Administration, Ch. 2.
1692
§ 36-54 UTILITIES § 36-56
Sewage treatment plant refers to any and all units of the
municipal sewage treatment system owned and operated by
the city, including the interceptor sewer system, the pumping
stations delivering sewage to the plan and the outfall sewer
system.
Water department refersto the city water department.
(Ord. No. .35-57, § 2, 4-15-57)
Cross reference—Rules of construction and definitions generally, § 1-2.
Sec. 36-55. Purpose.
It is hereby determined and declared to be necessary and
conducive to the protection of the public health, safety, wel-
fare and convenience of the city to levy and collect just and
equitable charges, rates or rentals upon all lots, parcels of real
estate and buildings that are connected directly or indirectly
with the sanitary sewage system of the city, the proceeds of
such charges or rentals so derived to be used for the purpose of
constructing, operating, maintaining and repairing such sew-
age treatment plant. (Ord. No. 35-57, § 1, 4-15-57)
Sec. 36-56. Established.
Contributors whose property lies within the corporate limits
of the city, except as otherwise provided in this division, shall
pay to the city, through its collection agent at his office at
the same time payment for water service is made, a sewer
service charge computed on water consumption on the fol-
lowing rates:
(a) Basic charges: The sewage rates and charges shall be
based on the quantity of water used on or in the prop-
erty or premises, as the same is measured by the water
meter there in use, except as otherwise provided in this
division. Water meters will be read monthly (or a
period equalling once every month), bimonthly (or a
period equalling once every two (2) months). Payment
for the sewage service charge shall be paid to the city's
collection agent at the same time payment is made for
water service.
Supp. No. 5
2275
§ 36-56
DUBUQUE CODE § 36-56
(b) Schedule of rates:
Monthly Rates
Cubic Feet Charge per Hundred Cubic Feet
First 200 $0.75
Next 800 0.75
Next 1,000 0.69
Next 1,000 0.65
Next 12,000 0.61
Next 35,000 0.59
Over. 50,000 0.57
Bimonthly Rates
First 400 0.75
Next 1,600 0.75
Next 2,000 0.69
Next 2,000 0.65
Next 24,000 0.61
Next 70,000 0.59
Over 100,000 0.59
(b) Service charge:
(1) When a parcel of real estate, property or building
discharging sanitary sewage, industrial wastes,
water or other approved waste, either directly or
indirectly into the city's sanitary sewer system,
is not a user of water supplied by the city water
department and the water used thereon or therein
is not measured by a water meter or is measured
by a water meter not acceptable to the city, the
amount of water used shall be determined by the
city in such manner as the city manager may elect
in order to establish the rate of charge as provided
in this division, or the owner or other interested
parties, at their expense, may install and maintain
a meter acceptable to thecity for said purpose.
(2) When a parcel of real estate, property or building,
discharging sanitary sewage, industrial wastes,,
Supp. No. 5
2276 ?,
§ 36-56 UTILITIES § 36-56
water or other approved waste, either directly or
indirectly into the city's sanitary sewer system,
is a user of water supplied by the city water de-
partment and, in addition, uses water from an-
other source which is not measured by a water
meter or is measured by a water meter not ac-
ceptable to the city, the amount of water used shall.
be determined by the city in such a manner as the
city manager may elect in order to establish the
rate of charge as provided in this division, or the
owner or other interested parties, at their expense,
may install and maintain a meter acceptable to the
city for said purpose.
(3) When a parcel of real estate, property, or building,
discharging sanitary sewage, industrial wastes,
water or other approved waste either directly or
indirectly into the city's sanitary sewer system, is
not a user of water supplied by the city water
department, the amount of sanitary sewage, in-
dustrial wastes, water or other approved waste
discharged into the sanitary sewer system shall be
determined by the city in such manner as the city
manager may elect in order to establish the rate
of charge as provided in this division, or the owner
or other interested parties, at their expense, may
install and maintain a sewage meter acceptable
to the city for said purpose.
(4) The city council may, in its: discretion, upon ap-
plication, permit connection to the city sanitary
sewer system . of properties located outside the
corporation limits upon such terms and conditions
as it may establish ; provided, however, that such
terms shall not be more favorable tosuch property
than the rates herein established for city users.
(5) In order that the rates and charges may be modest-
ly and equitably adjusted to the service rendered,
the city shall have the right to base its charges not
Supp. No. 5
2277
§ 36-56 DUBUQUE CODE § 36-50
only on volume but also on the strength and charac-
ter of the sewage and wastes deposited in the sys-
tem by the contributor. The city shall have the
right to measure and determine the strength and
content of all sewage and wastes discharge either
directly or indirectly into the city's sanitary sew-
age system, in such manner and by such methods
as it may deem practicable in the light of the con-
ditions and circumstances of the case in order to
determine the proper charge.
Extra charges will be applicable and negotiated
with dischargers on an individual contract basis
when concentration of the sewage exceeds three
hundred (300) milligrams per liter of biochemical
oxygen demand, three hundred fifty (350) milli-
grams per liter of suspended solids or two (2)
per cent or more of the flow rate into the sewage
treatment plant.
(6) The rates and charges may be billed the tenant
or tenants occupying the properties served, unless
otherwise requested in writing by the owners, but
such billing shall in no way relieve the owner from
liability in the event payment is not made as re-
quired in this division.
(7) Where the quantity of water consumed is such that
the minimum water service is charged, the mini-
mum sewer service charge, according to the size
of the meter shall be as. follows:
Supp. No. 5
MONTHLY RATES
Meter Minimum Allowance
(inches) Charge (cubic feet)
% $ 1.50 200
3/4 6.00, 800
1 9.57 1,300
11/4 15.05 2,100
2278
§ 36-56 UTILITIES § 36-58
MONTHLY RATES—(Cont'd.)
Meter Minimum Allowance
(inches) Charge (cubic feet)
11/2 18.30 2,600
2 30.66 4,600
3 67.26 10,600
4 104.72 16,800
6 222.72 36,800
8 371.85 62.,500
BIMONTHLY RATES
Meter Minimum Allowance
(inches) Charge (cubic feet)
5/s $ 3.00 400
3/4 12.00 1,600
1 19.14 2,600
11/4 30.10 4,2.00
11/2 36.60 5,2001
2 61.32 9,200
(Ord. No. 35-57, § 4, 4-15-57; Ord. No. 65-68, §§ 2, 3, 10-
28-68;
0-28-68; Ord. No. 48-76, §§ 1-4, 10-4-76; Ord. No. 26-79, § 1,
5-7-79)
Sec. 36-57. Areas not served by public system.
The rates, service charges, rentals or fees as provided in
this division shall become effective at the time sewage from.
the contributors is first directed to the sanitary sewer system.
At the time sanitary sewers are constructed in areas not now
served by a sanitary sewer system, contributors shall be
granted a reasonable time to make connection to the sewer.
The effective date of the sewage service charge and the reas-
onable time to connect to the sanitary sewer system will be
determined by the city manager. (Ord. No. 35-57, § 6, 4-15-
57)
Sec. 36-58. Disposal of wastes from private facilities.
Any contributor engaged in cleaning cesspools, septic tanks
or privy vaults shall discharge all effluent into a designated
Supp. No. 5
2279
§ 36-58
DUBUQUE CODE § 36-71
location at the sewage treatment plant. The rate for receiv-
ing such waste shall be determined by the city manager. It
shall be unlawful for any contributor to place any effluent or
waste from cesspools, septic tanks or privy vaults in any other
location in the city, except, at the designated location at the
sewage treatment plant. (Ord. No. 35-57, § 7, 4-15-57)
Sec. 36-59. Lien for failure to pay.
The city shall have a lien upon the real property served by
the sanitary system for all delinquent rates and charges.
Bills for sewage charges shall be delinquentwhen the same
are unpaid for a period of fifteen (15) days following the
due date, and if not paid, a penalty of five (5) per cent shall
be added to the sewage rental bill but such penalty shall not
be less than fifty cents ($0.50).
The city clerk shall certify within ten (10) days of the
following dates, to the Dubuque County auditor for collection
with and in the same manner as property taxes and to estab-
lish the real property liens, all rates and charges which are
delinquent over fifteen (15) days on the first day of March,
June, September and December. (Ord. No. 35-57, § 8, 4-15-57;
Ord. No. 48-76, § 5, 10-4-76)
Sec. 36-60. Costs of collection.
The actual cost of collecting and accounting for all sewer
rentals or charges shall be a part of the cost of operating the
sewage treatment plant. The cost shall be paid from the
sewage rental funds to the collection agent upon the city man-
ager's certificate certifying to the amount. (Ord. No. 35-57, §
11, 4-15-57)
Secs. 36-61-36-71. Reserved.
Supp. No. 5
2280
§ 36-72 UTILITIES
ARTICLE III. RESERVED*
Secs. 36-72-36-91. Reserved.
§ 36-92
ARTICLE IV. WATER
DIVISION 1. GENERALLY
Sec. 36-92. Definitions.
In this article, the words "water works," "city water
works" or "city water department" shall mean the city,
acting through its qualified officers. (Ord. No. 5-59, § 1,
2-9-59)
Cross reference—Rules of construction and definitions generally, § 1-2.
*Editor's note—For purposes of classification, and at his discretion, the
editor has redesignated former Art. III of Ch. 36, §§ 36-72-36-81, as a new
Art. III of Ch. 38. Said former article pertained to the transit authority for
the city and was derived from Ord. No. 19-75, §§ 1, 3-8, 10, 11, adopted
June 9, 1975; Ord. No. 36-75, § 1, adopted Aug. 18, 1975; and Ord. No.
91-179, §§ 1-5; adopted Dec. 17, 1979.
[The next page is 2285]
Supp. No. 6 2281
§ 36-147 UTILITIES § 36-150
provided for the meter so as to keep it dry and clean and
readily accessible at all times to the meter reader and in-
spectors of the water department.
(c) Wherever it is impossible to install a meter in the base-
ment, the plumber must obtain special instructions as to its
installation from the superintendent of the water department.
(d) Should the superintendent of the city water department
find that any meter has been improperly installed, he may
give the owner notice requiring him to correct the defect. If
such defect is not corrected within five (5) days of such
notice the water department may shut off the water supply
and shall not turn it on again until the defect has been re-
paired and a two dollar ($2.00) penalty charge has been paid.
(e) A stop and waste valve shall be placed at the inlet side
and a gate valve on the outlet side of all meters. (Ord. No.
5-59, § 28, 2-9-59)
Sec. 36-148. Services larger than two inches.
For services larger than two (2) inches in diameter the
city water department reserves the right to install two (2)
or more meters of smaller size. Where meters are so placed,
each meter shall have a valve or shutoff on both inlet and
outlet pipe, in addition to the basement shutoff. (Ord. No.
5-59, § 29, 2-9-59)
Sec. 36-149. Method of installing two or more in same build-
ing.
In case that two (2) or more meters are desired for measur-
ing water to different tenants in the same building, from one
service connection, they shall be placed so that no one of them
shall measure water which has passed through another meter.
(Ord. No. 5-59, § 30, 2'-9-59)
Sec. 36-150. Owner's duty to protect from damage.
The owner of premises where a meter is installed shall be
held responsible for its care and protection from freezing or
2299
§ 36-150
DUBUQUE CODE § 36-153
hot water and from other injury or interference from any
person. In all cases where meters are broken or damaged by
freezing, hot water or other injuries except ordinary wear,.
the necessary repairs will be made by the city water depart-
ment, and the cost charged to the owner or occupant. In case
payment thereof is neglected or refused, the water supply shall
be turned off until full payment has been made, together with
a two dollar ($2.00) penalty. (Ord. No. 5-59, § 31, 2-9-59)
Sec. 36-151. City's right to repair without notice; tampering
with prohibited.
Damaged meters or stopped meters may be removed and
repaired by the city water department without first giving
notice thereof to the owner or occupant. No one shall in any
way interfere with the proper registration of a water meter,
and no one except an authorized employee of the city water
department shall break a seal on any meter or other part of
the water supply system ; provided, however, that the superin-
tendent of the water department may grant permission to a
licensed plumber in case of , emergency to break such seal for
draining pipes or stopping water leaks. (Ord. No. 5-59, § 32,
2-9-59)
Sec. 36-152. Check valves.
Every hot water system should have a check valve installed
between such system and the water meter. Wherever a check
valve is installed, there shall also be installed on the hot water
distributing system a suitable relief valve to protect the sys-
tem from excessive pressure from hot water or steam. (Ord.
No. 5-59, § 33, 2-9-59)
Sec. 36-153. .Accuracy; testing.
(a) Where the accuracy of a meter is questioned, it shall be
removed by the city water department at the request of the
consumer and shall be tested in . his presence, in the shop of
the city water department by means of the apparatus provided
for that purpose. Both parties" to the test must accept the
findings thus made.
2300
§ 36-153 UTILITIES § :86-161
(b) If the meter is found to register satisfactorily, the
water atcually passing through it, a charge of three dollars
($3.00) will be made to pay the cost of making the test. If
the meter is found to measure unsatisfactorily, the water
passing through it, no charge will be made for the test and a
proportional reduction will be made from the previous bill.
(c) A water meter shall be considered to register satisfac-
torily when it registers within two (2) per cent of accuracy.
(Ord. No. 5-59, § 34, 2-9-59)
Sec. 36-154. When read.
Meters on domestic services or small users of water shall be
read bi-monthly. Meters on commercial services or large users
of water shall be read monthly. (Ord. No. 5-59, § 35, 2-9-59)
Secs. 36-155-36-160. Reserved.
DIVISION 4. RATES
Sec. 36-161. Residential, commercial and industrial uses.
(a) Commencing with all meter readings on July 9, 1976,
the rates to be charged for water for residential, commercial,
industrial and other uses and purposes by any person, firm
or corporation supplying water within the city shall be fixed
and determined as follows
(1) Water rates for users within the city, whose meters are
read monthly, shall be as follows:
Cubic Feet Charge per Hundred Cubic Feet
First 200 $1.50
Next 800 0.75
Next 2,000 0.75
Next 12,000 0.57
Next 35,000 0.50
Next 50,000 0.43
Over 100,000 0.38
The minimum monthly charge according to size of
meters shall be as follows:
Supp. No. 1
2301
§ 36-161 DUBUQUE CODE § 36-161
Meter Size
(inches)
5/8
3/4
1
11/4
11/2
2
3
4
6
8
Minimum
Charge
$ 1.50
6.00
10.00
16.00
20.00
32.00
64.00
100.00
200.00
300.00
Allowance
(cubic feet)
200
800
1,300
2,100
2,600
4,600
10,600
16,800
36,800
62,500
(2) Water rates for users within the city, whose meters
are read bimonthly, shall be as follows :
Cubic Feet
Charge per Hundred Cubic Feet
First 400 $3.00
Next 1,600 0.75
Next 4,000
Next 24,000
Next 70,000
Next 100,000
Over 200,000
The minimum
meters shall be
Size of Meter
(inches)
5/s
3/4
1
11/4
11/2
2
0.75
0.57
0.50
0.43
0.38
bimonthly charge according to size of
as follows :
Minimum
Charge
$ 3.00
12.00
20.00
32.00
40.00
64.00
Allowance
(cubic feet)
400
1,600
2,600
4,200
5,300
9,300
(b) Commencing with all meter readings on and after
July 9, 1976, the rates to be charged for water supplied by
the city water department to residential, commercial, indus-
Supp. No. 1
2302
§ 36-161 UTILITIES § 36-163
trial and other uses and purposes by any person, firm or
corporation, outside the corporate limits of the City of Du-
buque, Iowa, shall be the same rates provided in subsection
(a) hereof, plus an additional fifty (50) per cent to the rates
listed in said subsection. (Ord. No. 64-68, §§ 1, 2, 10-28-68;
Ord. No. 15-76, §§ 1, 2, 5-3-76; Ord. No. 33-76, §§ 1, 2, 7-6-
76)
Sec. 36-162. Fire sprinkler service.
Commencing December 1, 1976, the following yearly charges
for fire sprinkler service supplied by the city water depart-
ment ,shall be paid semiannually in advance, which charges
are fixed and determined as follows :
Number of Heads Annual Charge
Up to 200 (minimum annual charge) $100.00
200 to 300 _______. 120.00
300 to 400 140.00
400 to 600 _____ 160.00
600 to 800 180.00
800 to 1000 200.00
1000 to 1200 220.00
1200 to 1400 240.00
1400 to 1600 260.00
1600 to 1800 280.00
1800 to 2000 300.00
2000 to 2200 320.00
2200 to 2400 340.00
2400 to 2600 360.00
2600 to 2800 380.00
2800 to 3000 400.00
3000 to 3500 420.00
Over 3500, for each additional 500 or fraction thereof 20.00
(Ord. No. 64-68, § 3, 10-28-68; Ord. No. 15-76, § 3, 5-3-76)
Sec. 36-163. Construction use.
(a) When a temporary water service is desired for con-
struction work, application shall be made to the superintendent
Supp. No. 1
2303
§ 36-163 DUBUQUE CODE § 36-163
of the water department. A deposit equal to the actual cost of
the meter and fittings shall be paid in advance. The applicant
shall guarantee payment;: of such water service charges and
return said meter in good condition.
(b) The applicant shall thereupon install a suitable meter,
furnished by the water department, and shall pay for all
water furnished in accordance with the then prevailing water
rates including minimum monthly charges.
(c) If it is the opinion of the superintendent of the water
department that the placement of a meter is impractical, then
the deposit for meter and fittings shall not be required but
the following charges shall prevail and a suitable deposit as
determined by the superintendent of the water department
shall be required, but under no conditions shall water be used
for sprinkling lawns or wetting down yards unless a meter
has been installed on the service.
(1) For water used in the construction of a residence or
small building, a two dollar ($2.00) permit fee shall be
paid and in addition a minimum service charge shall be
made according to the size of the meter to be in-
stalled.
(2) For water used in the construction of larger buildings,
street paving or other uses, a two dollar ($2.00) permit
fee shall be paid and the water will be charged accord-
ing to the quantities as follows:
a. Sidewalks, three cents ($0.03) per square yard;
b. Concrete, bulk, ten cents ($0.10) per cubic .yard ;
c. Stone masonry, six cents ($0.06) per perch;
d. Brick work, ten cents ($0.10) per one thousand ;
e. Plastering, forty cents (0.40) per one hundred
square yards;
f. Concrete curb and gutter, one cent ($0.01) per
lineal foot;
Supp. No. 1
2304
APPENDIX A
ZONING*
Art. I. Establishment of Districts; Provisions for Official Zoning
Map and Interpretation and Amendment Thereof, § 1-101
Art. II. Non -Conforming Lots, Uses of ' Land, Uses of Structures
and Premises, and Characteristics of Use: Amortization Pro-
visions, §§ 2-101-2-108
Art. III. General Provisions, §§ 3-101-3-106
Art. IV. District Regulations, §§ 4-101-4-120
Art. V. Supplementary District Regulations, §§ 5-101-5-107
Art. VI. Board of Adjustment: Powers and Duties: Variances: Condi-
tional Uses, §§ 6-101-6-107
Art. VII. Administration and Enforcement; Required Permits and Cer-
tificates, §§ 7-101-7-103
Art. VIII. Amendments and Zoning Reclassification; Procedures and
Policies, §§ 8-101-8-104
Art. IX. Violations and Penalties, §§ 9-101-9-103
Art. X. Schedule of Fees, §§ 10-101, 10-102
Art. XL Definitions
Art. XII. Adoption and Repeal of Conflicting Ordinances, §§ 12-101,
12-102
ORDINANCE NO. 32-75
AN ORDINANCE ESTABLISHING COMPREHENSIVE ZON-
ING FOR THE CITY OF DUBUQUE, IOWA, AND PRO-
VIDING FOR THE ADMINISTRATION, ENFORCEMENT
AND AMENDMENT THEREOF, IN ACCORDANCE WITH
THE PROVISIONS OF CHAPTER- 414, CODE OF IOWA
1975,'.AND FOR THE REPEAL OF .ALL ORDINANCES
IN CONFLICT HEREWITH:
*Editor's note—Appendix A sets out the Zoning Ordinance, being
Ordinance No. 32-75 as the same was enacted by the city on August 4,
1975. Due to the statutory requirements relative to the enactment and
amendment of such an ordinance, incorporation. thereof into a Code of
Ordinances is not deemed advisable, hence its inclusion as an appendix
hereto for the benefit and convenience of the user of this Code.
Cross references—Buildings and building regulations, Ch. 10; elec-
trical regulations, Ch. 13; fire prevention and protection, Ch. 14; flood
damage control, Ch. 15; heating, air conditioning and ventilating, Ch.
19; housing regulations, Ch: 20; planning, Ch. 29; plumbing, Ch. 30;
streets, sidewalks and public places, Ch. 33; subdivision regulations,
Ch. 34.
2469'.
DUBUQUE CODE
WHEREAS, Chapter 414 of the Code of Iowa 1975 em-
powers the City of Dubuque, Iowa to enact a zoning ordinance
and to provide for its administration, enforcement, and amend-
ment ; and
WHEREAS, the City Council deems it necessary for the pur-
pose of promoting the health, safety, morals and general wel-
fare of the city to enact such an ordinance ; and
WHEREAS, the City Council pursuant to the provisions of
Chapter 414 of the Code of Iowa 1975 has appointed a Zoning
Commission to recommend the boundaries of the original
districts and appropriate regulations to be enforced therein;
and
WHEREAS, the Zoning Commission has divided the City
into districts of such number, shape and area as are deemed
best suited to carry out the purposes of this ordinance and has
prepared regulations pertaining to such districts in accordance
with a comprehensive plan and designed to lessen congestion
in the streets ; to secure safety from fire, flood, panic, and
other dangers ; to promote health and the general welfare, to
provide adequate light and air, to prevent the overcrowding of
land ; to avoid undue concentration of population, to facilitate
the adequate provision of transportation, water, sewerage,
schools, parks and other public requirements ; and
WHEREAS, the Zoning Commission has given reasonable
consideration, among other things, to the character of the
area of the district and the peculiar suitability of such area
for particular uses, with a view to conserving the value of
buildings and encouraging the most appropriate use of land
throughout the City ; and
WHEREAS, the Zoning Commission hasmade a preliminary
report and held public hearings thereon, and has thereafter
submitted its final report to the City Council; and
WHEREAS, the City Council has given due public notice
of hearings relating to zoning districts, regulations, and re-
strictions, and has held such public hearings ; and
WHEREAS, all requirements of Chapter 414 Code of Iowa
1975 with regard to the preparation of the report of the Zon-
2470
§ 1-101 APPENDIX A ZONING § 1-101
ing Commission and subsequent action of the City Council
have been met;
NOW THEREFORE BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DUBUQUE, IOWA:
ARTICLE L ESTABLISHMENT OF DISTRICTS;
PROVISIONS FOR OFFICIAL ZONING MAP AND
INTERPRETATION AND AMENDMENT THEREOF
Section 1-101 Establishment of districts
To effectuate the purposes of this Ordinance, the following
districts are hereby established :
1-101.1 Residential Districts
1. R-1 Residential District
2. R-2 Residential District
3. R-3 Residential District
4. R-4 Residential District
5. R-5 Residential District
1-101.2 Office Districts
1. OR -1 Office -Residential District
2. [reserved for future use]
1-101.3 Special Purpose Districts
1. PUD Planned Unit Development District
2. I -D Institutional District
3. Special Planning Districts (Ord. No. 39-78, §
6-28-78)
1-101.4 Commercial Districts
1. C-1 Neighborhood Commercial District
2. C-2 Local Service Commercial District
3. C-3 Arterial Business Commercial District
4. C-4 General Commercial District
Supp. No. 3
2471
§. 1-101 DUBUQUE CODE § 1-102
5. C-5 Central Business District
6. C-6 Planned Commercial District
1-101.5 Industrial Districts
1. L -I Light Industrial District
2. H -I Heavy Industrial District
3. [reserved for future use]
Section 1-102 'Official zoning map
1-102.1 Adoption of Official Zoning Map
The City is hereby divided into districts as shown on
the Official Zoning Map, which together with all ex-
planatory matter thereon, is hereby adopted by ref-
erence and declared to be a part of this ordinance.
1-102.2 Identification and Location of Official Zoning Map
The 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 is
the Official Zoning Map referred to in Article I of
Ordinance No. 32-75 of the City of Dubuque, Iowa"
together with the date of adoption of this ordinance.
Such Official Zoning Map shall be located in the office
of the Zoning Administrator.
1-102.3 Amendment of Official Zoning Map
If, in accordance with the provisions of this ordinance
and Chapter 414, Code of Iowa 1975, changes are made
in district boundaries or other matter portrayed on
the Official Zoning Map, such changes shall be en-
tered on the Official Zoning Map promptly after the
amendment has been approved by the City Council,
with an entry on the Official Zoning Map as follows:
"On (date), by official action of the City Council,
the following changes were made in the Official Zoning
Map: (brief description of change)," which entry shall
Supp. No. 3 2472
§ 4-104 APPENDIX A—ZONING § 4-104
and regulations of Article V of this ordinance entitled
"Supplementary District Regulations".
4-104.4 Conditioned Uses
The following Conditional Uses are permitted in the
R-1 Residential District, but only in accordance with
the provisions of Article VI of this ordinance govern-
ing the issuance of Conditional Use Permits :
1) Nursery schools or day-care centers not meeting
the requirements of Section 4-104.2, provided that
such facilities shall provide not less than 50 square
feet of indoor floor area (not including halls or
bathrooms) and not less than 100 square feet of
outdoor recreation space for each child. In addition,
such facilities shall supply adequate off-street
parking or other suitable plan for the loading and
unloading of children so as to not obstruct public
streets or create other traffic or safety hazards.
2) Nursing or convalescent homes.
3) Group homes on lots of no less than 1500 square
feet per resident, provided that off-street parking
is adequate to the expected need for such parking.
4) Off-street parking or storage of automobiles to
serve a permitted use in a nearby commercial or
institutional district only, and provided that:
a. It is located adjoining or separated only by a
street or alley from the commercial or insti-
tutional use it serves ;
b. No structure other than a screening or se-
curity fence or wall . shall be erected on the
premises ;
c. Signage shall be limited to two (2) freestand-
ing signs no more than twelve (12) square feet
in size, identifying the parking or storage use,
providing directions or marking entrance and
exits thereto ;
Supp. No. 3
2493
§ 4-104 DUBUQUE CODE § 4-104
d. Permanent screening shall be constructed of
natural vegetation or decorative fencing of suf-
ficient size and character to reasonably ob-
scure the view of the automobiles so parked or
stored from adjacent residences, well keeping
in harmony with the particular residential
setting ;
e. A Site Plan shall be submitted and approved
as provided in Section 5-103 of this ordinance.
5) Cemeteries, mausoleums, columbariums and chap-
els. (Ord. No. 5-76, § 1, 2-23-76 ; Ord. No. 1-78, § 1,
1-3-78)
4-104.5 Prohibited Uses
Excepting those uses which are otherwise specifically
permitted by Section 4-104.2 (7), Section 4-104.4, or
Article V of this ordinance entitled "Supplementary
District Regulations", the following uses are prohibited
in the R-1 Residential District:
1) Commercial use as defined in this ordinance.
4-104.6 Schedule of District Regulations Adopted
Additional regulations for the R-1 Residential District
shall be as set forth in the R-1 Schedule of District
Regulations, hereby adopted by reference and declared
to be a part of this ordinance, and in Article V of this
ordinance, entitled "Supplementary District Regula-
tions."
Supp. No. 3
2494
§ 4-10Q
APPENDIX A -ZONING § 4-100
Section 4-106 R-3—Residential district regulations
4-106.1 General Statement of Intent
The R-3 Residential District is intended to provide
for new moderate density residential housing in areas
deemed appropriate for such development and to ac-
commodate existing areas of the City developed in sub-
stantial compliance with the regulations of this district.
The R-3 Residential District may also serve as a "buf-
fer" or transitional zone between R-1 and R-2 Districts
and higher intensity residential, office -residential, in-
stitutional or commercial zones, particularly in de-
veloping areas. In addition, this classification may be
applied to certain older areas of the City in which
large single family homes have been converted to
multiple -family units. Where so applied, these regula-
tions should be read as intending to preserve such
older buildings.
When superimposed with the PUD District designa-
tion, a slightly different range and intensity of uses
may be permitted than is otherwise permitted by this
Section. The PUD District provisions and regulations
may be superimposed upon the R-3 District in accord-
ance with Section 4-110 of this Article, entitled "PUD
District Regulations".
4-106.2 Principal Permitted Uses
In the R-3 Residential District no building, structure
or land shall be used and no building or structure
shall be built or altered to be used in whole or in part,
unless otherwise specifically provided by this ordinance,
except for the following purposes :
1) A11 uses listed as Principal Permitted. Uses for
the R-2 Residential District. [See Section 4-105.2
of this Article] .
2) Townhouses of up to 6 units.
3) Multiple -family dwellings containing no more than
6 units.
4) Duplexes,
2501
4-106
DUBUQUE. CODE § 4-106
4-106.3 Accessory Uses
Accessory uses and buildings are permitted in the
R-3 Residential District in accordance with the provi-
sions and regulations of Article V of this ordinance,
entitled "Supplementary District Regulations".
4-106.4 Conditional Uses
The following Conditional Uses are permitted in the
R-3 Residential District, but only in accordance with
the provisions of Article VI of this ordinance governing
the issuance of Conditional Use Permits:
All uses listed as Conditional Uses in the R-1 Resi-
dential District Regulations under the same standards,
restrictions, and conditions provided for therein.*
[*See Section 4-104.4 of this Article].
4-106.5 Prohibited Uses
'1) All rises prohibited in the R-1 Residential District.
[See Section '4-104.5] .
2) (Reserved for future use).
4-106.6 Schedule of District Regulations
District regulations for the. R-3 Residential District
shall be as set forth in the R-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".
2502
§ 5-103
APPENDIX A—ZONING § 5-104
Zoning Commission may be appealed to the Board of
Adjustment in the same manner as appeals from a
decision of an administrative officer.
Section 5-104 Off-street parking and loading space require-
ments for commercial and industrial districts
5-104.1 Application and Scope
The provisions of this Section shall apply to all uses
located within a commercial or industrial district, ex-
cept the C-5 and C-6 Commercial Districts. No such use
shall be expanded or enlarged in any manner unless
the off-street parking and loading spaces required by
5-104.4 of this Section are provided: in full for such
addition or expansion. In addition, no such use which
is non -conforming at the effective date of this ordi-
nance in respect to the off-street parking and loading
requirements of this Section shall be hereafter ex-
panded or enlarged to an extent greater than 'twenty-
five per cent (25%) unless parking and loading spaces
are provided in full so as to bring the entire. expanded
use into conformity with, this Section.
5-104.2 Rules for Computation of Off -Street Parking and
Loading Requirements
The following rules shall govern the computation of re-
quired off-street parking and loading spaces;
1) Where computation of required off-street parking
spaces results in a fractional number, the required
spaces for the use shall be the next higher whole
number.
2) Where more than one use is established on a single
lot, the off-street parking and loading require-
ments for the lot shall be the sum of the separate
requirements for each use established on the lot.
No use or building shall be hereafter permitted to
be enlarged or altered except as the required off-
street parking and loading spaces for such use or
building are provided.
2599
5-104 DUBUQUE: CODE § 5-104
5-104.3 Location of Required Parking and Loading Spaces;
Joint Use
All off-street parking and loading spaces required by
this ordinance shall be located on the same lot as the
use for which such spaces are required, except that
where an increase in the number of off-street parking
spaces is required by an alteration or enlargement of a
use, or where such off-street parking spaces are pro-
vided or used jointly by uses contained in two or more
buildings, then the required off-street parking spaces
may be located not farther than three hundred (300)
feet from the use (s) served.
5-104.4 Schedule of Off -Street Parking and Loading Space
Requirements Adopted
Required off-street parking and loading spaces for
use within a C-1, C-2, C-3, C-4, I-1 or I-2 District shall
be as set forth in Schedule 5-104.4, hereby adopted by
reference and declared to be a part of this ordinance.
5-104.4 Schedule of Off -Street Loading Space Requirements
USE
GROSS FLOOR
AREA
(Square Feet).
SPACES REQUIRED
1. Professional Of- 0— 9,999 none
fice Use; Hotels; 10,000-99,999 1
Commercial Rec- 100,000 or more 1 space for each 100;
reational facili- 000 sq. ft. or fraction
ties thereof
2. Manufacturing; 0— 4,999. none
Warehousing 5,000-39,999 1
40,000-79,000 2
80,000 or more 1 space for each 50,-
000 sq. ft. or fraction.
thereof
3. Restaurants; 0— 9,999 none
Laundries or 10,000-24,999 1
dry-cleaning 25,000 or more 2 spaces plus 1 addi-
establishments ; tional space for every
storage facili- 50,000 sq. ft. or frac-
ties tion thereof in excess
2600
CODE COMPARATIVE TABLE
Section
Ord. No. Date Section this Code
51-79 9- 4-79 1 33-78
52-79 9- 4-79 1, 2 27-106, 27-107
55-79 9-17-79 1 App. A, § 4-112.4(1)
2 App. A, § 4-113.2(5)
56-79 9-17-79 1 25-187.1
57-79 9-17-79 1 35-12
58-79 10- 1-79 1 38-18
59-79 10- 1-79 1 25-210(b)`
63-79 10-15-79 1, 2 25-326
64-79 10-15-79 1 25-257(d)
66-79 11- 5-79 1 25-190
67-79 11- 5-79 1 25-220(c)
68-79 11- 5-79 1 30-36
2 30-37(a)
3 30-39(c)—(e)
4 30-43
69-79 11-19-79 1 14-1
2 Rpld 14-3, 14-5
Added 14-3
70-79 11-19-79 1 35-12
76-79 12-17-79 1 10-1
2, 3 10-2
77-79 12-17-79 17-36(a), 17-37(a)
78-79 12-17-79 1 13-106
2, 3 13-111, 13-112
79-79 12-17-79 1 111/2 -11-111/2 -18
80-79 12-17-79 1 26-131
2 26-132(a)
3 Rpld 26-138(h)(8)
4-6 26-133-26-135
81-79 12-17-79 1 2-169(b)
82-79 12-17-79 1 13-44
2 13-46(d)—(f)
3 13-47
83-79 12-17-79 1 191/2 -4(e), (f)
2 191/2 -5(b)
84-79 12-17-79 1 36-182(a)
2 36-182(e)—(g)
3 36-186
85-79 12-17-79 1 111/2-61, 111/2-62,
111/2 -76-111/a -83
86-79 12-17-79 1 21-23(c), (d)
2 21-25
3 21-27
4 21-31
5 21-28
Supp. No. 6
2979
90-79
91-79
Supp. No. 6
DUBUQUE CODE
Section
Date Section this Code
12-17-79 1 27-1
2 27-16
3, 4 27-19, 27-20
5,6 27-22,27-23
12-17-79 1 27-80-27-83
12-17-79 1 29-17
2-4 29-21-29-23
12-17-79 1 111/2-46-111/2-51
12-17-79 1 36-74
2 36-78(3)
3-5 36-80-38-82
2980
[The next page is 3001]
/
CODE INDEX
AMBULANCES—Cont'd. Section
Records, keeping 18-20
Standards
Equipment and design 18-18
Generally 18-17
AMENDMENTS TO CODE
Generally 1-7
Code of ordinances. See that title
AMPLIFIERS
Noise control traffic provisions 25-59 et seq.
Traffic. See that title
Prohibited noises, noise regulations, etc. 26-139 etseq.
Noises. See that title
AMUSEMENTS AND AMUSEMENT PLACES
Billiards. See hereinbelow: Poolrooms and Billiard
Parlors
Bowling alleys 6-43 et seq.
Bowling alleys. See that title
Circuses, carnivals and menageries 6-58 et seq.
Circuses, carnivals and menageries. See that title
Dancing. See hereinbelow: Public Dances and Dance
Halls
Open air shows 6-75 et seq.
Open air shows. See that title
Poolrooms and billiard parlors 6=16 et seq.
Poolrooms and billiard parlors. See that title
Public dances and dance halls 6-90 et seq.
Public dances and dance halls. See that title
Roller skating rinks 6-145 et seq.
Roller skating rinks. See that title
Shooting galleries 6-114 et seq.
'Shooting galleries. See that title
Theaters and halls 6-128 et seq.
Theaters and halls. See that title
ANIMALS AND FOWL
Baby chickens, rabbits, ducklings, etc.
Sale, borrowing, giving away, etc. 7-1
Dogs
Barking, howling, whining and creating a disturbance 7-18
City manager, authority of 7-20
Cruelty 7-20
Definitions 7-16
Disturbing the peace 7-18
Female dogs in season 7-19
3007
DUBUQUE CODE
ANIMALS AND FOWL—Cont'd. Section
Impoundment
Dogs subject to 7-21
Notice to owners of licensed dogs 7-22
Redemption 7-28
Unredeemed dogs, disposition 7-24
Licenses
Application 7-32
Consent implied from application and receipt 7-38
Expiration, renewal, delinquency 7-37
Fees 7-33
Issuance '7-34
Required _____ 7-31
Tags
Attached to collar 7-36
Transfer of 7-35
Parks, in 27-39
Parks and recreation. See that title
Rabies control
Confinement authorized 7-46
Dead dogs, notice to police 7-49
Disposition of dogs proven to have rabies 7-47
Known rabid dogs, etc.
Punishment for harboring 7-48
Mayor's proclamation of emergency
Prohibited actions during 7-50
Vaccination required 7-45
Running at large
Female dogs in season 7-19
Vicious dog, harboring 7-17
Explosives, etc, discharged near horses 33-1
Housing standards regarding keeping of animals ____,20-106
Housing. See that title
Impoundment
Dogs. See hereinabove that subject
Interfering with park animals 27-44
Leading, driving carts, horses, etc., through streets 33-2(3)
Licenses
Dogs 7-31 et seq.
Dogs. See within this title that subject
Livestock
Restrictions on keeping in city 7-2
Running at large 7-3
Park regulations 27-38,27-39
Parks and recreation. See that title
Prohibited noise, noise regulations, etc. ________ 26-139 et seq.
Noises. See that title
3008
CODE INDEX
BLASTING AGENTS. See: Explosives and Blasting Section
Agents
BLOCKS
Subdivision blocks 34-81 et seq.
BLUFFS
Loosening stones from bluffs in parks 27-58
BOARD OF HEALTH
City clerk as clerk of 2-121
BOARD OF TRUSTEES
Transit authority 36-72 et seq.
Transit authority. See that title
BOARDS AND COMMISSIONS
Agencies of city in general. See: Departments and Other
Agencies of City
BOATS, BOATING, DOCKS AND WATERFRONT
Abandoned craft, removal of 91/2 -14
Boat landing areas
Designating; signs 91/2 -4
Boathouses
Maintaining 91/2 -8
Definitions 91/2 -1
Derelict craft, removal of 91/2-14
Division of public docks
Created 9'/z -31
Dock board
Composition; appointments; terms; removal and va-
cancies; meetings; powers and duties 9%-32
Docks
Division of public docks. See within this title that
subject
Manager
Office created; appointment 91/2 -33
Floats
Maintaining 91/2 -8
Garbage and trash
Unlawful deposits in or along certain harbors 91/2 -2
Launching or removing boats at public launching ramps
Passengers in motor vehicles or boats prohibited
during 9% -11
Repairing boats in launching ramps 9%-12
Mooring
Boathouses, mooring of after March 26, 1973,
restricted 91/2-7
Permits. See within this title that subject
Supp. No. 6
3013
DUBUQUE CODE
BOATS, BOATING, DOCKS AND WATERFRONT—
Cont'd. Section
Parking
No -parking areas 91/2 -15
Permits
Mooring permits 91/2-5
Rules for operating watercraft 91/2-13
Sunken, derelict or abandoned craft, removal of 91/2-14
Waterfront
Agreements covering over one year usage 91/2-6
Commercial activities at
Commercial excursion operators; permit for use of
city -owned waterfront 91/2-9
Pleasure craft spaces, conducting trade or business in
prohibited 91/2 -10
Construction and repair of structures 91/2 -3
BOB SLEDS
Coasting areas 33-11 et seq.
BOMB ATTACK
Emergency location for city government 2-5
Emergency succession in office 2-199 et seq.
Emergency succession. See that title
BONDS
Approval 2-4
Officers bonds enumerated 2-69
Officers and employees. See that title
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
BORDELLOS
Prostitution, etc 26-8
BOTTLING ESTABLISHMENTS
Milk bottles, weight and measure requirements 24-104
BOULEVARDS
Street defined to include 1-2
Streets in general. See: Streets and Sidewalks
BOUNDARIES
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
BOWIE KNIFE
Concealed weapons 27-12
Firearms and weapons. See that title -
Supp. No. 6
3014
CODE INDEX
CARNIVALS. See: Circuses, Carnivals and Menageries Section
CATS
Public parks, in
Parks and recreation. See that title
Rabies control regulations applicable to
Dogs, etc., in general. See: Animals and Fowl
CELLAR DOORS
Opening on streets
CELLARS AND BASEMENTS
Housing standards
Housing. See that title
CENTRAL MARKET
Area delineated
Bakery goods, regulations for sale
Display of merchandise
Merchandise permitted; limitations and prohibitions.. .
Homemade jellies, catsup, etc.
Limitations and prohibitions on sale
Inspection of merchandise
Confiscation of unfit food
Limitations and prohibitions on display, sale, etc.
Market area delineated
Market master
Designated; duties
Market stalls
Establishment of
Stall use permits. See within this title that subject
Permitted merchandise to be sold, displayed, etc.
Protection of foodstuffs from exposure to files, dust, etc
Stall use permits
Fee
Issuance
Restricted to Central Market area
Revocation
State laws relating to licensing inspection and taxation
Compliance with
Traffic regulations
Weights and measures
Accuracy of measuring devices testing
CHEMICAL WARFARE
Emergency succession in office
Emergency succession. See that title
CHIMES, BELLS, ETC.
Defined
Miscellaneous business licenses
Supp. No. 6
3019
27-39
7-45 et seq.
33-4(5)
20-104
24-25
25-26(b)(3)
24-26(b)(4)
24-26(b)(2)
24-32
24-32
24-26(b)
24-25
24-30
24-27
24-26
24-26(b)(5)
24-27
24-27
24-28
24-29
24-26(b)(1)
24-31
24-33
24-34
2-199 et seq.
24-1
24-3(1)
DUBUQUE CODE
CHURCHES Section
Prohibited noise, noise regulations, etc. 26-139 et seq.
Noises. See that title
CIGARETTES AND TOBACCO
Smoking regulations 14-9
CIRCUSES, CARNIVALS AND MENAGERIES
Manner of conducting 6-61
Parades 6-63
Permits
Fees prerequisite to issuance 6-59
Further conditions to issuance 6-60
Required 6-58
Residential neighborhoods, excluded from 6-62
CITY
Defined 1-2
CITY ASSESSOR
Appointment 35-6
Property taxes. See: Taxation
CITY ATTORNEY
Defined 1-2
CITY CLERK
Appointment 2-114
Clerk of board of health 2-121
Clerk of council, as 2-116
Council meetings, etc., in general. See: City Council
Council meetings, duties 2-50
Custodian of records 2-118
Custody of city seal 2-7, 2-120
City seal. See that title
Defined 1-2
Deputy 2-122
Emergency succession in office 2-199 et seq.
Emergency succession. See that title
Notices, service of 2-119
Powers and general duties 2-115
Publication of records, duty 2-117
CITY COUNCIL
Annual appropriation ordinance 2-24
Appointment of councilpersons to city offices 2-110
City agencies. See: Departments and Other Agencies of
City
City employees. See: Officers and Employees
Civic center commission. See that title
Compensation 2-21
Supp. No. 6
3020
CODE INDEX
CLUBS Section
Concealed weapons 27-12
Firearms and weapons. See that title
Person defined re 1-2
COAL, COKE, ETC.
Weighing 24-107
COASTAL AREAS
Designated, etc 33-11 et seq.
CODE OF ORDINANCES*
Altering or tampering with 1-6
Amendments to code 1-7
Annual appropriations ordinance 2-24
Catchlines, titles, headings and notes
Effect 1-3
Numbering system of code explained. See the preface 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
COMMERCIAL PRACTICES
Computerized checkout systems 24-91
Computerized checkout systems. See that title
Weights and measures 24=98 et seq.
Weights and measures. See that title
COMMITTEES, BOARDS, ETC.
Agencies of city in general. See: Departments and Other
Agencies of City
*Note—The adoption, amendment, repeal, omissions, effective date,
explanation of numbering system and other matters pertaining to the use,
construction and interpretation of this Code are contained in the adopting
ordinance and preface which are to be found in the preliminary pages of
this volume.
Supp. No. 6
3025
DUBUQUE CODE
COMMUNITY DEVELOPMENT Section
Community development commission 11%-11 et seq.
Community development commission. See that title
Housing rehabilitation commission 111/2 -46 et seq.
Housing rehabilitation commission. See that title
Industrial projects 111/2 -126, 11% -127
Industrial projects. See that title
Low -rent housing 11%-61 et seq.
Low -rent housing. See that title
COMMUNITY DEVELOPMENT COMMISSION
Created 111/2 -12
Legislative purpose 111/2 -11
Membership; terms of office; meetings; vacancies; compen-
sation; etc 111/2 -14
Operating procedures 111/2 -18
Organization meeting; minutes and conduct of meetings 111/2 -15
Responsibility generally; neighborhood organization 111/2 -13
Rules and regulations; programs, projects and services 111/2 -16
Staff 11% -77
COMPENSATION
Officers salaries 2-68
Officers and employees. See that title
COMPREHENSIVE PLAN
Planning and zoning commission powers 29-20
Planning and zoning commission. See that title
COMPREHENSIVE STUDIES
Planning and zoning commission powers 29-20
Planning and zoning commission. See that title
COMPUTERIZED CHECKOUT SYSTEMS
Affixing of consumer information to merchandise by
merchants using
Consumer information required 24-91(B)
Definitions 24-91(A)
Director's powers of enforcement 24-91(C)
Violations, penalties 24-91(D)
CONCESSIONS
Airport concessionaires permit 4-7
Airports and aircraft. See that title
CONDEMNATION ORDERS, PROCEEDINGS, ETC.
Housing 20-24
Housing. See that title
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
Supp. No. 6
3026
CODE INDEX
CONDEMNED BUILDINGS Section
Demolition, housing authority 20-26
CONTRACTS AND AGREEMENTS
Execution of contracts, etc. 2-8
Noise ordinance compliance by city contractors and
subcontractors 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
CORPORATION COUNSEL
Legal department 2-141 et seq.
CORRALS
Livestock keeping restrictions 7-2
Animals and fowl. See that title
COUNCIL. See: City Council
COUNTY
Defined 1-2
COUNTY -MUNICIPAL CIVIL DEFENSE AGENCY
Created, etc 11-16 et seq.
Civil defense. See that title
COURTS
City solicitor, duties 2.148
Human relations provisions - '21-1 et seq.
Opinions and actions of solicitor, record of 2-145
Prohibited noise, noise regulations, etc. 26-129 et seq.
Noises. See that title
COWS, CATTLE, ETC.
Animals at large, etc 7-2
Animals in general. See: Animals and Fowl
CREDIT
Unfair and discriminatory practices 21-67
Unfair and discriminatory practices. See also that title
CRIMES
False reports 26-6
Supp. No. 6
3027
DUBUQUE CODE
CRYSTAL GAZERS Section
Fortunetellers' license requirements 24-46 et seq.
CURBS AND DRIVEWAYS
Construction 33-25 et seq.
Streets and sidewalks. See that title
D
DAIRIES
Milk and milk products 16-28 et seq.
Milk and milk products. See that title
DAMAGED GOODS SALES
Going -out -of -business sales regulations 24-60 et seq.
Going -out -of -business sales. See that title
DANCING
Public dances and dance halls 6-90 et seq.
Public dances and dance halls. See that title
DEAD DOGS
Notice to police department 7-49
DEEDS
Execution
2-8
DEFACEMENT
Damaging, defacing property 26-15
DEFENSE. See: Civil Defense
DEFINITIONS
General definitions for interpreting code 1-2
DELEGATION OF AUTHORITY
Construed for interpreting code 1-2
DEMOLITION
Historic districts
Demolition of structures in 191/2 -7
Historical preservation. See also that title
Housing; repair or demolition 20-14 et seq.
Substandard buildings, etc. See: Housing
Permits, waiting period for 10-5
Unsafe buildings. See: Buildings
DEPARTMENTS AND OTHER AGENCIES OF CITY
Airport commission 4-22 et seq.
Airports and aircraft. See that title
Airport zoning commission 4-47 et seq.
Airports and aircraft. See that title
Supp. No. 6
3028
CODE INDEX
DEPARTMENTS AND OTHER AGENCIES OF CITY—
Cont'd. Section
Board of adjustment
Airport zoning, for 4-74 et seq.
Airports and aircraft. See that title
Building code and advisory appeals board 10-2(204)
Buildings. See that title
Building inspection division 10-2(201)
Buildings. See that title
Cable television commission 36-181 et seq.
Cable television. See that title
Civic center commission. See that title
Civil service commission 2-178 et seq.
Civil service commission. See that title
Clerk to direct papers to appropriate committees, etc. 2-50
Council meetings and procedures. See: City Council
Community development commission 111/z -11 et seq.
Community development commission. See that title
Division of plumbing inspections 30-24
Plumbing. See that title
Docks, division of public; dock board 91/2 -31 et seq.
Boats, boating, docks and waterfront. See that title
Electrical appeals board 13-47 et seq.
Electricity. See that title
Electrical examining board 13-103 et seq.
Electricity. See that title
Emergency location for city government 2-5
Fire department 14-25 et seq.
Fire department. See that title
Health and sanitation
Board of health 18-1
Health and sanitation. See that title
Historic preservation commission 191/2 -3 et seq.
Historical preservation. See that title
Housing, low -rent
Housing commission 111/2 -76 et seq.
Low -rent housing. See that title
Housing rehabilitation commission 111/2 -46 et seq.
Housing rehabilitation commission. See that title
Human rights commission 21-16 et seq.
Human rights commission. See that title
Legal department 2-141 et seq.
Legal department. See that title
Library board of trustees 23-1 et seq.
Library. See that title
Officials, boards, commissions, etc., construed 1-2
Playground and recreation commission 27-77 et seq.
Parks and recreation. See that title
Plumbing board 30-36 et seq.
Supp. No. 6
3029
DUBUQUE CODE
DEPARTMENTS AND OTHER AGENCIES OF CITY—
Cont°d. Section
Plumbing. See that title
Police department in general 31-1 et seq.
Police department. See that title
Reference to officials, etc., by title in code construed 1-2
Transit authority 38-66 et seq.
Transit authority. See that title
DEVELOPMENT
Community development 111/2-1 et seq.
Community development. See that title
Development planner 29-31
Planning. See that title
Planning and zoning commission 29-16 et seq.
Planning and zoning commission. See that title
DILAPIDATED BUILDINGS
Demolition permits 10-5
Buildings. See that title
DIRECTOR OF PUBLIC WORKS
Office created, responsibilities, etc. 2-169 et seq.
Public works and improvements. See that title
DISASTERS
Civil defense, providing for 11-1 et seq.
Civil defense. See that title
Emergency location for city government 2-5
Emergency succession in office 2-199 et seq.
Emergency succession. See that title
DISCRIMINATION
Human relations provisions 21-1 et seq.
DISEASE CONTROL
Rabies control regulations 7-45 et seq.
DISORDERLY ASSEMBLIES
Assembling for purpose of rioting 26-30
Assemblies. See that title
DISORDERLY CONDUCT
Council meetings, at 2-52
Dance hall premises, conduct of patrons 6-99
Public dances and dance halls. See that title
Noise restrictions 26-143(f)
Noises. See that title
Public parks, in 27-35
DISTURBING THE PEACE
Disturbing assemblages 26-3
Supp. No. 6
3030
CODE INDEX
H
HANDBILLS Section
Distributing 3-14 et seq.
Advertising. See that title
Park restrictions 27-48
Parks and recreation. See that title
HANDICAPPED PERSONS
Parking spaces for 25-344 et seq.
Traffic. See that title
HAWKING
Peddlers' regulations 28-1 et seq.
Peddlers, canvassers and solicitors. See that title
HEALTH AND SANITATION
Ambulances 18-16 et seq.
Ambulances. See that title
Board of health
Clerk designated 2-121
Established 18-1
Dance hall premises, cleanliness 6-99
Public dances and dance halls. See that title
Expectorating, spitting on sidewalks 33-3
Food and food handlers 16-1 et seq.
Food and food services. See that title
Garbage and trash 17-1 et seq.
Garbage and trash. See that title
Housing standards 20-1 et seq.
Housing. See that title
Livestock kept in city 7-2
Animals in general. See: Animals and Fowl
Meat -packing plants 16-48 et seq.
Slaughterhouses and meat -packing plants. See that title
Milk and milk products 16-28 et seq.
Milk and milk products. See that title
Rabies control regulations 7-45 et seq.
Roller skating rinks, sanitation requirements 6-150
Slaughterhouses 16-48 et seq.
Slaughterhouses and meat -packing plants. See that title
HEATING, AIR CONDITIONING AND VENTILATING
Code
Adopted 19-1
Amendments 19-2
Housing 20-1 et seq.
Housing. See that title
HEREDITAMENTS
Definitions for interpreting code
Supp. No. 6
3043
1-2
DUBUQUE CODE
HIGHWAYS Section
Street defined to include 1-2
Streets in general. See: Streets and Sidewalks
HISTORICAL PRESERVATION
Commission. See within this title: Historic Preservation
Commission
Definitions 191/2-2
Demolition
Structures in historic districts 191/2-7
Historic districts
Alteration of structures in 191/2-8
Demolition of structures in 191/2-7
Identification and designation of 191/2-6
West Third/Alpine historic preservation district
Designated; review standards adopted 19Y2-6.1
Historic preservation commission
Appeals from decisions of commission 191/2 -10
Appointment of members 19 1/2 -3(b)
Chairman, vice-chairman 191/2-4(a)
Compensation of members 19x/2 -3(g)
Composition 19i/2 -3(a)
Meetings 19 Y2 -4(d)
Officers, election of 191/2-4(a)
Operating procedures 191/2-5
Powers and duties generally 191/2-5
Quorum 191/2-3(h)
Record of its proceedings, actions, etc. 191/2-4(d)
Residency requirements 19 1/2 -3(a)
Review of plans 191/2-9
Rules or bylaws for transaction of business 191/2-4(c)
Secretary 191/2-4(b)
Terms of office of members 19./2-3(c), (e)
Vacancies, filling 191/2-3(d), (f)
Purpose and intent of provisions 191-1
Review of plans
Procedure for 19 1/2 -9
Violations
Penalties; injunctive remedy authorized 191/2 -11
HOGS
Animals at large, etc. 7-2
Animals in general. See: Animals and Fowl
HOLIDAYS
Computing time for interpreting code 1-2
HOME FOR THE AGED
City -operated ambulance rates 18-52
Supp. No. 6
3044
• CODE INDEX
HOME OCCUPATIONS Section
Zoning. See that title
HORNS, SIGNALING DEVICES, ETC.
Prohibited noise, noise regulations, etc. 26-139 et seq.
Noises. See that title
HORSE-DRAWN VEHICLES
Public parks, in 27-38
Parks and recreation. See that title
HORSES
Animals at large, etc. 7-2
Animals in general. See: Animals and Fowl
Persons discharging explosives, fireworks, etc., near .. 33-1
HOSPITALS
City -owned ambulance rates 18-52
False and fraudulent reports . . , ...... ....... .. .. 26-6
Prohibited noise, noise regulations, etc. 26-139 et seq.
Noises. See that title
HOTELS AND MOTELS
Accommodations or services
Prohibited practices 21-48
Unfair and discriminatory practices. See that title
Hotel and motel tax. See: Taxation
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
Air conditioning. See within this title: Heating, Light-
ing, Etc.
Animals and fowl
Keeping 20-5.05(j)(8)
Apartments
Efficiency living units 20-5.06
Appeals
Housing code advisory and appeals board. See with-
in this title that subject
Bathtubs. See within this title: Water Closets, Lava-
tories, Etc.
Bedding, linen and towels
Furnishing and exchanging 20-5.05(j) (2)
Supp. No. 5
3045
DUBUQUE CODE
HOUSING—C'ont'd.
Board
Housing code advisory and appeals board. See with-
in this title that subject
Building department
Housing division
Created
Head of division
Deputies
Compliance
Liability of owner and occupant
Condemnation of equipment
Cooperation of other officials and officers
Definitions and rules of construction
Established
Disconnecting utilities
Authority to order
Emergencies
Reconnections, approval required for
Discontinuing use, orders for
Drainage. See within this title: Grading and Drain-
age
Drugs and household poisons
Storage facilities required
Efficiency living units
Electrical service
Applicable provisions
Electrical equipment, wiring and appliances
Emergencies
Disconnecting utilities
Exitways. See within this title: Hallways, Stairs and
Other Exit Waysl
Fees
Fire escapes
Fire protection
Construction and maintenance of buildings
Fire -fighting equipment
Foundations. See within this title: Walls and Founda-
tions
Garbage, trash and refuse
Storage and disposal of ...............................
Grading and drainage
Courts, areas and
Crete
Gutters
Hallways, stairs and other exit ways
Exit requirements
Accessibility, number, etc. ...... ....... s .
Supp. No. 5
yards requiring; use of con -
304'6
Section
20-2.01 (a)
20-2.01(a)
20-2.01(b)
20-2.01(j)
20-2.01 (h)
20-2.01 (k)
20-4.01
20-2.01(g)
20-2.01(f)
20-2.01(i)
20-2.01(e)
20-6.01(d)(2)
20-5.06
20-7.02(a)
20-7.01(b)
20-2.01 (f )
20-3.04
20-5.05(j) (6)
20-9.01
20-9.02
20-5.05(h)
20-5.05(j)(4)
20-5.05(5)(5)
20-8.01
CODE INDEX
HOUSING—Cont'd. Section
Compliance required 20-8.0
Sleeping rooms 20-8.02
Lighting of 20-5.04(d)
Hand rails and guardrails 20-6.01(d)(1)
Health and sanitation
Sanitation facilities and requirements 20-5.05
Storing or keeping articles dangerous to life or health;
restrictions on combustible articles 20-5.05(j)(7)
Toxic substances posing health hazards; use of lead-
based paint prohibited _ 20-5.05(j)(1)
Heating, lighting, air conditioning, ventilation and
refrigeration. See also: Heating, Air Conditioning and
Ventilating
Applicable provisions 20-7.02(b)
Hallways, lighting 20-504.(d)
Mechanical ventilation 20-5.04(c)
Multiple -dwelling walls, color of 20-5.04(e)
Natural and mechanical ventilation; ventilation for
fuel -burning appliances 20-7.01(c)
Natural light and ventilation generally 20-5.04(a)
Origin of light and ventilation 20-5.04(b)
Temperature requirements; unvented heaters; approved
devices for appliances 20-7.01
Ventilation for fuel -burning appliances 20-7.01(c)
Housing code advisory and appeals board
Advice and recommendations to council 20-2.03(d)
Conduct of business 20-2.03(b)
Decisions appealable to council 20-2.03(c)
Established; membership; terms of office 20-2.03(a)
Housing commission 111/2-76 et seq.
Low -rent housing. See that title
Housing division. See within this title: Building Depart-
ment
Insect control. See within this title: Rodent, Insect and
Vermin Control
Inspections
Additional inspections
All licensed dwellings subject to 20-3.03(d)
Unlicensed dwellings and dwelling units subject to20-3.03(c)
Generally 20-3.03(a)
Multiple -dwelling inspections
Fees 20-3.04(c)
Presale and/or mortgage, etc., inspection
Fees 20-3.04(d)
When dwellings are subject to 20-3.03(b)
Kitchens
Dwelling classifications, kitchen requirements for 20-5.05(c)
Supp. No. 6
3047
DUBUQUE CODE
HOUSING—Cont'd. Section
Walls and floors of 20-5.05(e)
Lavatories. See within this title: Water Closets, Lavato-
ries, Etc.
Legislative findings 20-1.02
Liability of owner or occupant for r compliance 20-2.01(j)
Licenses
Multiple -dwelling operating license
Fees 20-3.04(b)
Required for exterior doors on rental dwellings 20-3.02
Lighting. See within this title: Heating, Lighting, Etc.
Locks
Required for exterior doors on rental dwellings 20-6.01(d)(3)
Low -rent housing 111/2 -61 et seq.
Low -rent housing. See that title
Mechanical requirements
Applicable provisions 20-7.02
Compliance required 20-7.0
Equipment types; installation 20-7.01
Nuisances
Civil liability for nuisance conditions 20-2.04(c)
Unsafe facilities. See within this title that subject
One- and two -dwelling -unit dwelling exempt from fees;
exception 20-3.03(e)
Paint
Lead-based paint, use of prohibited 20-5.05(j)(1)
Permits
Required 20-3.01
Plumbing
Applicable provisions 20-7.02(c)
Hot and cold running water required; plumbing fixtures,
approved types of 20-5.05(d)
Purposes 20-1.03
Rehabilitation 111/2-31 et seq.
Housing rehabilitation commission. See that title
Rental housing
Eviction of tenant by owner 20-2.04(1)
Locks required on exterior doors 20-6.01(d)(3)
Low -rent housing 111 -61 et seq.
Low -rent housing. See that title
Rent uncollectible if premises is in violation 20-2.04(b)
Right of entry 20-2.01(c)
Rodent, insect and vermin control
Ratproofing; extermination of insects and/or rats;
screening and rat harborage 20-5.05(i)
Room dimensions
Ceiling heights 20-5.03(a)
Supp. No. 6
3048
CODE INDEX
HOUSING—Cont'd. Section
Floor area 20-5.03(b)
Maximum density, minimum space and location; room
arrangement 20-5.03(d)
Width 20-5.03(c)
Sanitation facilities and requirements 20-5.05
Scope 20-1.04
Supp. No. 6
3048.1
CODE INDEX
LICENSES AND PERMITS—Cont'd.
Open air shows
Open air shows. See that title
Peddlers' licenses
Peddlers, canvassers and solicitors. See that title
Plumbers' licenses and examinations, etc.
Plumbing. See that title
Plumbing permits
Plumbing. See that title
Poolrooms
Poolrooms and billiard parlors. See that title
Private disposal systems
Water and sewers. See that title
Private garbage collector's license
Garbage and trash. See that title
Private landfill sites
Garbage and trash. See that title
Public dances and dance halls
Public dances and dance halls. See that title
Rat control
Rat control. See that title
Registration of eletctricians
Electricity. See that title
Rooming houses, hotels and motels, permits
Service station licenses
Gasoline service stations and tank trucks. See that
title
Shooting galleries
Shooting galleries. See that title
Sign permits, licenses and bonds
Advertising. See that title
Slaughterhouses and meat -packing plants
Slaughterhouses and meat -packing plants. See that
title
Street and sidewalk excavation permits
Streets and sidewalks. See that title
Swimming pool permits
Taxicabs
Vehicles for hire (taxicabs). See that title
Theaters and halls
Theaters and halls. See that title
Transient merchants
Peddlers, canvassers and solicitors. See that title
Tree trimmer's license
Trees and shrubbery. See that title
Vehicles for hire (taxicabs)
Vehicles for hire (taxicabs). See that title
Supp. No. 5
3054.3
Section
6-75 et seq.
28-17 et seq.
30-76 et seq.
30-54 et seq.
6-29 et seq.
36-43 et seq.
17-39 et seq.
17-75 et seq.
6-90 et seq.
24-78 et seq.
13-82
20-159 et seq.
14-67 et seq.
6-114 et seq.
3-64 et seq.
16-60 et seq.
33-62 et seq.
10-34 et seq.
38-31 et seq.
6-128 et seq.
28-17 et seq.
37-23 et seq.
38-31 et seq.
9
CODE INDEX
LICENSES AND PERMITS—Cont'd.
Weights and measures
Weights and measures. See that title
LIGHT
Housing standards 20-1 et seq.
Housing. See that title
LIGHTING REFLECTORS
Erection
3-56
LIQUIDATION SALES
Going -out -of -business sales regulations 24-60 et seq.
Going -out -of -business sales. See that title
LIQUOR
Alcoholic beverage regulations
Alcoholic beverages. See that title
LITTERING
Handbill distribution prohibitions 3-20
Unlawful deposits in parks 27-45
LIVESTOCK
Maintaining in city 7-2
Animals in general. See: Animals and Fowl
LOADING AND UNLOADING
Prohibited noise, noise regulations, etc. 26-139 et seq.
Noises. See that title
LODGINGHOUSES
Miscellaneous business regulations 24-3(2)
Smoking in 14-9
LOTS
Livestock keeping restrictions 4-2
Animals and fowl. See that title
Subdivision lots 34-90 et seq.
LOUDSPEAKERS
Noise control traffic provisions 25-59 et seq.
Traffic. See that title
Prohibited noise, noise regulations, etc. 26-139 et seq.
Noises. See that title
LOW -RENT HOUSING
Housing commission
Compensation 111/2 -80
Created
111/2-76
Internal organization and rules 111/2 -81
Meetings 111/2 -79
Membership; terms of office; vacancies 111/2 -78
Supp. No. 6
Section
24-98 et seq.
5-1 et seq.
3055
DUBUQUE CODE
LOW -RENT HOUSING—Cont'd. Section
Operating procedures 111/2 -82
Purpose; approval of proposals 111/s -77
Housing program supervisor 111/2 -62
Municipal housing agency designated 111/2 -61
LUNCH WAGONS
Miscellaneous business regulations
M
24-3(3)
MALLS
Street defined to include 1-2
Streets in general. See: Streets and Sidewalks
MARKET
Central market 25-25 et seq.
Central market. See that title
MASS TRANSIT
Transit authority 36-72 et seq.
Transit authority. See that title
MAY, SHALL
Definitions 1-2
MAYOR
Chief' executive officer 2-83
Presiding officer of council, etc., in general. See: City
Council
Election and term of office 2-81
Emergency powers 2-84
Emergency proclamations, obedience to 11-1
Civil defense. See that title
Mayor pro tem 2-85
Powers and general duties 2-82
MEAT -PACKING. See: Slaughterhouses and Meat -Packing
Plants
MEDICINES. See: Drugs and Medicines
MENAGERIES. See: Circuses, Carnivals and Menageries
MILK AND MILK PRODUCTS
Code
Adopted 16-28
Grade of products, etc. 16-29
Permit fees 16-36
MILK BOTTLES
Weights and measures required 24-104
Supp. No. 6
3056
CODE INDEX
TRAFFIC--Cont'd. Section
Fees and charges 25-294
Height of, projections on vehicles 25-290
Hours of operation 25-293
Manner of parking in spaces 25-287
Operators 25-296
Parking time restricted 25-291'
Parking without paying required fee 25-295
Repairs, maintenance of vehicles 25-292,
Reserved spaces 25-291
Trucks restricted 25-289
Municipal parking lots
Designated 25-304
Enforcement 25-314
Meters
Coin deposits 25-308
Collection and disposition of deposits 25-311
Defacing, tampering with 25-210
Installation authorized and directed 25-305
Manner of construction, installation, etc. 25-306
Parking meters. See within this title that sub-
ject
Slugs, depositing 25-309
Time and fee schedule for specific lots 25-307
Overtime parking 25-313
Enforcement 25-314
Parking within spaces required 25-312
Spaces, establishment 25-312
Noise control
Definitions ----- - 25-59
Enforcement of provisions 25-64
Exemption of certain vehicles 25-62
Horns and warning devices 25-118
Limits
Established 25-60
Loud signaling at night 25-120
Loudspeakers, operation of advertising vehicles 25-189
Mufflers, prevention of noise 25-121
Noises in general 26-139 et seq.
Sale or lease of vehicles exceeding levels 25-61
Sound level measurement 25-63
Sale or lease of vehicles exceeding 25-61
Testing of vehicles 25-65
Notice to appear. See hereinbelow: Violations
Obedience
Bicycles 9-10
3095
DUBUQUE. CODE
TRAFFIC—Cont'd. Section
Obstructing vehicles, removal 25-343
Snow removal operations. See within this title that
subject
Obstructions
Central market, at 24-31,24-32
Central market. See that title
Driver's view of driving mechanism 25-151
Offenses. See hereinbelow: Violations
Official parking signs
Defined 25-2
Parking, stopping and standing. See within this title
that subject
Official traffic -control devices
Defined 25-2
Traffic -control signs, signals and devices. See here-
inbelow that subject
Off-street parking
Parking on private property without consent, etc. ____ 25-272 et seq.
One-way streets
Operation of vehicle on 25-183
Operation of vehicles. See herein specific subjects
Operator. See within this title: Driver or Operator
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and
the adopting ordinance of this code
Overtaking, meeting and passing
Bridge, viaduct, tunnel, etc. 25-190
Crest of grade 25-199
Curve, upon 25-1,99
Limitations on overtaking on 'left side ____ 25-197
Meeting and turning to right 25-170
Obstruction, at 25-199
Overtaking, passing on right side 25-198
Passing in general 25-196
Prohibited passing 25-199
Right-hand side of roadway, driving on 25-169
Overtime parking. See within this title: Parking, Stop-
ping and Standing
Owner
Defined 25-2
Parades or processions
Driving through processions 25-164
Funeral processions 25-165
Other than circus parades 33-8
Parallel parking. See within this title: Parking, Stop-
ping and Standing
3096
ii
CODE INDEX
ZONING (Appendix A)—Cont'd. Section
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
Application of district regulations 1-103.3
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
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 3-107.7
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
R-1—Residential district regulations
Enumerated 4-104
Supp. No. 3
3119
DUBUQUE CODE
ZONING (Appendix A)—Cont'd. Section
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 5-103
Sign regulations
Enumerated 5-105
Special planning districts
General provisions 4-111.1
Special flood hazard overlay districts 4-111.2
Structures. See within this title: Buildings
Supplementary district regulations
Accessory use provisions 5-101
General provisions 5-102
Site plan review provisions 5-103
Swimming pool locations 10-38
Theaters
Adult entertainment establishments. See within this
title that subject
Unlawful uses 3-102.4
Use regulations
Conformance of buildings, structures, etc., to 1-103.1
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
Application of district regulations 1-103.3
Conformance to bulk yard regulations required 1-103.2
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
Reduction of required lots and yards prohibited 1-103.4
Restrictions governing allocation and disposition 3-105
Supp. No. 3
3120
CODE INDEX
ZONING (Appendix A)—Cont'd. Section
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
Supp. No. 3
3121