1 Supplement No. 08 - Code of Ordinances - June 1981Chapter
TABLE OF CONTENTS—Cont'd.
Page
Div, 2. Public Landfill Sites 1027
Div. 3. Private Landfill Sites 1030
18. Health and Sanitation 1081
Art. I. In General 1081
Art. II. Ambulances 1082
Div. 1. Generally 1082
Div. 2. Licenses 1087
Div. 3. City -Operated Service 1097
19. Heating, Air Conditioning and Ventilating . . . 1149
19½. Historical Preservation 1171
20. Housing Regulations 1191
Art. I. In General 1191
Art. II. Procedures for Abatement of Sub-
standard Buildings, Dwelling Units
and Lots 1246
21. Human Relations 1283
Art. I. In General 1283
Art. II. Human Rights Commission 1285
Art. I1/2. Human Rights Director . . . 1290
Art. III. Unfair and Discriminatory Prac-
tices 1290
Div. 1. Generally 1290
Div. 2. Accommodations or Services 1291
Div. 3. Employment Practices 1292
Div. 4. Housing 1294
Div. 5. Credit 1296
Div. 6. Education 1297
Art. IV. Enforcement of Civil Rights . . . . . . 1298
22. Junk and Junk Dealers 1351
Art. I. In General 1351
Art. II. Licenses 1354
23. Library 1405
24. Licenses and Miscellaneous Business Regula-
tions 1459
Art. I. Occupational Licenses Generally . . . 1459
Supp. No. 6
xix
DUBUQUE CODE
Chapter Page
Art. II. Central Market 1463
Art. III. Fortunetellers, Etc. 1466.1
Art. IV. Going -Out -of -Business Sales 1466.2
Art. V. Rat Control 1468
Art. VI. Commercial Practices 1473
Div. 1. Generally 1473
Div. 2. Weights and Measures 1474
25. Motor Vehicles and Traffic 1527
Art. I. In General 1527
Art. II. Administration and Enforcement . . 1534
Div. 1. Generally 1534
Div. 2. Traffic -Control Devices . • 1536
Art. III. Accidents 1540
Art. IV. Noise Control 1542
Art. V. Motor Vehicles 1546
Div. 1. Generally 1546
Div. 2. Equipment 1552
Art. VI. Operation 1566
Div. 1. Generally 1566
Div. 2. Overtaking and Passing 1584.2
Div. 3. Right -of -Way 1585
Div. 4. Speed 1590.11
Art. VII. Pedestrians 1590.15
Art. VIII. Stopping, Standing and Parking 1593
Div. 1. Generally 1593
Div. 2. Municipal Parking Garages 1602
Div. 3. Municipal Parking Lots 1605
Div. 4. Parking Meters 1609
Div. 5. Restrictions During Snow Re-
moval 1614
Div. 6. Parking Space for the Handi-
capped 1616
26. Offenses and Miscellaneous Provisions 1667
Art. I. In General 1667
Art. II. Assemblies 1673
Art. III. Blasting 1674
Div. 1. Generally 1674
Div. 2. Permit 1675
Supp. No. 6
XX
TABLE OF CONTENTS—Cont'd.
Chapter Page
Art. IV. Gambling 1677
Art. V. Model Glue 1678
Art. VI. Reserved. 1679
Art. VII. Noises 1680
Div. 1. Generally 1686
Div. 2. Variance Permits 1693
27. Parks and Recreation 1745
Art. I. In General 1745
Art. II. Public Parks 1746
Div. 1. Generally 1746
Div. 2, Park Board 1746
Div. 3. Park Superintendent 1748
Div. 4. Use Regulations 1748
Div. 5. Specific Parks 1755
Art. III. Recreation and Recreation
Facilities 1756
Div. 1. Generally 1756
Div. 2. Playground and Recreation Com-
mission 1756
Div. 3. Recreation Director 1756
Div. 4. Petrakis Park 1756.2
Div. 5. Falk Playground 1760
Div. 6. Burden Playground 1760
28. Peddlers and Transient Merchants ...... . . . 1809
Art. I. In General 1809
Art. II. License 1811
29. Planning 1865
Art. I. In General 1865
Art. II. Planning and Zoning Commission . 1865
Art. III. Development Planner 1869
30. Plumbing 1919
Art. I. In General 1919
Art. II. Administration 1922
Div. 1. Generally 1922
Div. 2. Plumbing Board 1924
Art. III. Permits 1928
Art. IV. Plumbers 1931
Supp. No. 6
xxi
DUBUQUE CODE
Chapter Page
31. Police 1983
32. Railroads 2033
33. Streets, Sidewalks and Public Places 2087
Art. I. In General 2087
Art. II. Curbs and Driveways 2091
Div. 1. Generally 2091
Div. 2. Permit 2092
Art. III. Excavations 2094
Div. 1. Generally 2094
Div. 2. Permit 2096
Art. IV. Snow and Ice Removal 2097
Div. 1. Generally 2097
Div. 2. Sidewalks 2098
34. Subdivision Regulations 2149
Art. I. In General 2149
Art. II. Plats 2151
Div. 1. Generally 2151
Div. 2. Preliminary 2152
Div. 3. Final 2155
Art. III. Standards and Specifications 2159
Div. 1. Generally 2159
Div. 2. Streets, Alleys and Easements 2160
Div. 3. Blocks 2162
Div. 4. Lots 2162
Div. 5. Parks, Playgrounds and Schools 2163
35. Taxation 2213
Art. I. In General 2213
Art. II. Property Taxes 2213
Div. 1. Generally 2213
Div. 2. Exemptions 2213
Art. III. Hotel and Motel Tax 2217
36. Utilities 2253
Art. I. In General 2253
Art. II. Sewers and Sewage Disposal 2255
Div. 1. Generally 2255
Div. 2. Discharge Regulations 2261
Supp. No. 6
TABLE OF CONTENTS—Cont'd.
Chapter Page
Div. 3. Private Disposal Systems 2269
Div. 4. Rates 2274
Art. III. Reserved 2281
Art. IV. Water 2281
Div. 1. Generally 2281
Div. 2. Connections 2290
Div. 3. Meters 2298
Div. 4. Rates 2301
Art. V. Cable Television 2305
Div. 1. Generally 2305
Div. 2. Dubuque Cable TV Commission 2306
37. Vegetation 2355
Art. I. In General 2355
Art. II. Trees 2355
Div. 1. Generally 2355
Div. 2. Tree Trimmers 2355
Div. 3. Dutch Elm Disease 2357
Art. III. Weeds 2359
38. Vehicles for. Hire and Public Transportation 2411
Art. I. In General 2411
Art. II. Taxicabs 2411
Div. 1. Generally 2411
Div. 2. Permits and Licenses 2414.1
Art. III. Transit System 2419
Div. 1. Generally 2419
Div. 2. Transit Authority 2419
Div. 3. Transit Manager 2423
Appendix A. Zoning 2469
Art. I. Establishment of Districts; Provisions
for Official Zoning Map and Interpre-
tation and Amendment Thereof 2471
Art. II. Nonconforming Lots, Uses of Land,
Uses of Structures and Premises,
and Characteristics of Use: Amorti-
zation Provisions 2474.1
Art. III. General Provisions 2481
Supp. No. 6
DUBUQUE CODE
Chapter Page
Art. IV. District Regulations 2489
Art. V. Supplementary District
Regulations 2581
Art. VI. Board of Adjustment: Powers and
Duties: Variances: Conditional
Uses 2614.2
Art. VII. Administration and Enforcement;
Required Permits and Certificates . 2624.1
Art. VIII. Amendments and Zoning Reclas-
sification; Procedures and
Policies 2629
Art. IX. Violations and Penalties 2635
Art. X. Schedule of Fees 2636
Art. XI. Definitions 2638
Art. XII. Adoption and Repeal of Conflicting
Ordinances 2650
Code Comparative Table 2951
Code Index 3001
Supp. No. 6
xxiv
Chapter 20
HOUSING REGULATION
Art. I. In General, §§ 20-1-20-10
Art. Ii. Procedures for Abatement of Substandard Buildings,
Dwelling Units, and Lots, §§ 20-11-20-16
ARTICLE I. IN GENERAL
Sec. 20-1. Title; legislative findings; purposes; scope.
20-1.01. Title. This chapter shall be known as the "City of
Dubuque Residential Housing Code," or the "City of
Dubuque Housing Code," or the "housing code," may be
cited as such, and will be referred to herein as "this code."
(Ord. No. 20-79, § 1, 4-2-79)
*Editor's note—Ord. No. 20-79, § 1, adopted April 2, 1979, amended the
Code by repealing former Ch. 20, §§ 20-1-20-172, pertaining to housing,
and adding in lieu thereof a new Ch. 20, Arts. I—XVI. The section
numbering of the provisions as enacted has been retained, except that
Arts. I—XVI have been redesignated §§ 20-1-20-16 and in certain
instances provisions have been redesignated for purposes of classification
and indexing; further, in order to facilitate indexing and reference,
catchlines and subcatchlines have been added or altered as appropriate to
reflect the content of particular sections and subsections. Where provisions
of the housing code set forth provisions as found in state law, a
parenthetical citation to the relevant Iowa Code section appears following
the housing code provisions.
Former Ch. 20 was derived from Ord. No. 13-63, §§ 1.0, 1.1, 2.0-2.34,
3.1-3.12, 4.0-4.6, 5.0-5.10, 6.0-6.11, 7.0-7.14, 8.1, 9.0-9.7, 10.0-10.6,
11.1-11.3, 12.1, adopted June 17, 1963.
Cross references—Buildings and building regulations, Ch. 10; commu-
nity development, Ch. 111 ; housing rehabilitation, Ch. 111/a, Art. III;
low -rent housing, Ch. 111/2 , Art. IV; electricity, Ch. 13; fire prevention and
protection, Ch. 14; flood damage control, Ch. 15; garbage, trash and refuse,
Ch. 17; health and sanitation, Ch. 18; historicalpreservation, Ch. 191/2;
heating and air conditioning and ventilating, Ch. 19; unfair and
discriminatory housing practices, Ch. 21, Art. III, Div. 4; planning
generally, Ch. 29; plumbing, Ch. 30; subdivision regulations, Ch. 34; zoning
regulations, App. A.
State law reference—Housing law, I.C.A. § 413.1 et seq.
Supp. No. 6 1191
§ 20-1 DUBUQUE CODE § 20-1
20.1.02. Legislative Findings. It is hereby found that there
exist, and may in the future exist, in any area under
jurisdiction of the government of the city, buildings,
dwellings, dwelling units, premises, or vacant lots, or parts
thereof, as defined herein, which by reason of their
structure, building service equipment, sanitation facilities,
maintenance, use or occupancy affect or are likely to affect
adversely the public health (including the physical, mental
and social well-being of persons and families), safety and
general welfare of the public and the owners or occupants of
dwellings. To correct and prevent the existence of such
adverse conditions, and to achieve and maintain such levels
of residential environmental quality as will protect and
promote public health, safety, and general welfare, it is
further found that the establishment and enforcement of
minimum residential housing standards are required. (Ord.
No. 20-79, § 1, 4-2-79)
20-1.03. Purposes. It is hereby declared that the purpose of
this chapter is to protect, preserve, and promote the
physical and mental health and social well-being of the
people, to prevent and control the incidence of communica-
ble diseases, to reduce environmental hazards to health, to
regulate privately and publicly owned dwellings for the
purpose of maintaining adequate sanitation and public
health, and to protect the safety of the people and to
promote the general welfare by legislation which shall be
applicable to all dwellings now in existence or hereafter
constructed.
It is hereby further declared that the purpose of this
chapter is to insure that the quality of housing is adequate
for protection of public health, safety and general welfare,
including: establishment of minimum standards for basic
equipment and facilities for light, ventilation, and thermal
conditions, for safety from fire and accidents, for the use
and location and amount of space for human occupancy,
and for an adequate level of maintenance; determination of
the responsibilities of owners, operators and occupants of
dwellings; and provision for the administration and
enforcement thereof. (Ord. No. 20-79, § 1, 4-2-79)
Supp. No. 6
1192
§ 20-1 HOUSING § 20-2
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 existence on April 2, 1979, may have their construction de-
sign, arrangement, use, occupancy, and building service
equipment continued if such construction, design, arrange-
ment, use, occupancy, or building service equipment was legal
at the time of such construction, use, occupancy or installa-
tion, 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 applicable 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 far Compliance, Actions of
Enforcing Officers; Cooperation of Other Officials.
(a) Creation of housing services division; health officer
designated administrative head, building commissioner.
Effective July 1, 1980, there is hereby created the housing
services division in the community development department
Supp. No. 7
1193
§ 20-2 DUBUQUE CODE § 20-2
of the city which shall be under the administration and
operational control of the health officer, who is hereby
authorized and directed to administer and enforce all
provisions of this code and is hereinafter referred to as the
building official 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. 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
premises shall 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) of this code.
Supp. No. 7 1194
§ 20-2 HOUSING § 20-2
(d) Same—Stop orders. Whenever any work is being done
contrary to the provisions of this code, the building official
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 provisions of 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
Supp. No. 7
1195
§ 20-2 DUBUQUE CODE § 20-2
thereof regulated by this code has become hazardous to life,
health or property, he shall order in writing that such equip-
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 )
(1)
Liability.
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,
Supp. No. 7
1196
§ 20-2
HOUSING
§ 20-2
and shall furnish and maintain approved devices, equip-
ment or facilities for the prevention of insect and rodent
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.
Supp. No. 7
1197
§ 20-2 DUBUQUE CODE § 20-2
(k) Cooperation of other officials and officers. The building
official may request, and shall receive so far as is required, in
the discharge of his duties, the assistance and cooperation
of other officials of this jurisdiction. (Ord. No. 20-79, § 1,
4-2-79; Ord. No. 14-80, § 1, 3-11-80)
20-2.02. Substandard or Unsafe Buildings, Structures,
Dwelling Units, Premises, Vacant Lots, or Building Service
Equipment 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
Supp. No. 7
1198
§ 20-2 HOUSING § 20-2
technical code adopted by the city, are declared to be a nuisance
and shall be abated by repair, rehabilitation, or demolition and
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 com-
pliance when such deficiency does not present eminent danger
Supp. No. 7
1199
§ 20-2 DUBUQUE CODE § 20-2
to the occupants of said dwelling unit, [and] when it can be
proven that such compliance will bring undue hardship upon
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.
(e) Members' attendance at meetings. Members of the
housing code advisory and appeals board 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 board to recommend to the city council that
said member be replaced. Attendance of all members shall
be entered on the minutes.
(f) Open meetings required. All meetings of the housing
code advisory and appeals board shall be held in
conformance with the provision of the Iowa Open Meetings
Law.
(g) Reports to council. The housing code advisory and
appeals board shall file with the city council a copy of the
minutes of each regular and special meeting of the board
within ten (10) working days after each such meeting.
(h) Administrative and other policies of city applicable to
operations. All administrative, personnel, accounting, budg-
etary and procurement policies of the city shall govern the
housing code advisory and appeals board in all of its
operations. (Ord. No. 20-79, § 1, 4-2-79; Ord. No. 26-80, § 1,
4-7-80)
Supp. No. 7
1200
§ 20-2 HOUSING § 20-2
20-2.04. Violafrions; 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 of Ordinances pro-
vided for violation thereof.
Supp. No. 7
1200.1
§ 20-2 HOUSING § 20-2
(b) Rents of premises in:violation uncollectible. If any build-
ing hereafter constructed as, or altered into, a dwelling be
occupied in whole or in part for human habitation in violation
of this code, during such unlawful occupation no rent shall be
recoverable by- the owner or lessee of such premises for said
period, and no action or special proceeding ,shall be maintained
therefor or for possession of said premises for nonpayment of
said rent, and said premises shall be deemed unfit for human
habitation and the building official may cause them to be
vacated accordingly. (Section 413.106, Iowa Code)
(c) Civil liability for maintaining violation, nuisance condi-
tions. The owner of any dwelling, or of any building or struc-
ture upon the same lot with a dwelling, or of the said lot or
any unoccupied lot, where any violation of this chapter, or a
nuisance as herein defined, exists, who has been guilty of such
violation or of creating or knowingly permitting the ex-
istence of such nuisance, and any person who shall violate or
assist in violating any provision of this chapter, shall also
jointly and severally for each such violation and each such
nuisance be subject to a civil penalty of fifty dollars ($50.00)
to be recovered for the use of the building department in civil
action brought in the name of the municipality by the build-
ing official. Such persons and also said premises shall also
be liable in such case for all costs, expenses, and disbursements
paid or incurred by the building department, by any of the
officers, agents, or employees thereof in the removal of any
such nuisance or violation. (Section 413.108, Iowa Code)
(d) Additional civil liability for noncompliance with notice
or order of building official. Any person who, having been
served with a notice or order to remove any such nuisance
or violation, shall fail to proceed in good faith to comply with
said notice or order within five (5) days after such service,
or shall continue to violate any provisions or requirements of
this chapter in the respect named in said notice or order, shall
also be subject to a civil penalty of fifty dollars ($50.00).
(Section 413.109, Iowa Code)
(e). Recovery of penalties, costs, etc. For the recovery of
any such penalties, costs, expenses, or disbursements, an ac -
Supp. No. 5
1201
§ 20-2 DUBUQUE CODE § 20-2
tion may be brought in any court of competent civil juris-
diction. (Section 413.110, Iowa Code)
(f) Penalties to constitute lien on property. The existence
of a nuisance in or upon such dwelling, structure on the same
lot with a dwelling, or on such lot, or on an unoccupied lot,
which the owner thereof has. created or permitted to exist
and any violation of this chapter as to such dwelling, struc-
ture, and lot of which the owner has been guilty shall in such
proceeding subject such dwelling, structure, and lot respective-
ly to a penalty of fifty dollars ($50.00), which shall be
a lien thereon until paid; and any violation of any order made
or a notice given by the building official, permitted or com-
mitted by the owner of a dwelling, structure on the same lot
with a dwelling, or such lot, shall in such proceeding subject
the dwelling, structure, and lot respectively to a penalty of
fifty dollars ($'50.00), which penalty shall be a lien thereon
until paid. (Section 413.111, Iowa Code)
(g) Practice and procedure for enforcement of chapter
generally. Except as herein otherwise specified, the procedure
for the 'prevention of violations of this chapter or for the
vacation of premises unlawfully occupied, or for other abate-
ment of nuisances, or for the bringing of action therefor,
shall be in accordance with the existing practice and procedure.
(Section 413.112, Iowa Code)
(h) Action to enjoin authorized. In case any dwelling, build-
ing, or structure is constructed, altered, converted or main-
tained in violation of any provision of this chapter, or of any
order or notice of the building official, or in case a nuisance
exists in any such dwelling, building, or structure or :upon the
lot on which it is situated or on an unoccupied lot, said build-
ing official may institute any appropriate action or proceed-
ing to prevent such unlawful construction, alteration, con-
version or maintenance, to restrain, correct or abate such
violation or nuisance, to prevent the occupation of said dwell-
ing, building or structure, or to prevent any illegal act, con-
duct or business in or about such dwelling or lot. (Section
413.113, Iowa Code)
Supp. No. 5
1202
§ 20-2 HOUSING § 20-3
(i) Nature, terms of injunction. In any such action or
proceeding [for injunction,] such building official may, by
petition duly verified, setting forth the facts, apply to the
district court for an order granting the relief for which said
action or proceeding is brought, or for an order enjoining all
persons from doing or permitting to be done any work in or
about such dwelling, building, structure or lot, or from
occupying or using the same for any purpose until the entry
of final judgment or order. (Section 413.114, Iowa Code)
(j) Authority to seek court order to execute enforcement
orders, abate. In case any notice or order issued by said
building official is not complied with, said building official
may apply to the district court for an order authorizing him
to execute and carry out the provisions of said notice or
order, to correct any violation specified in said notice or
order, or to abate any nuisance in or about such dwelling,
building or structure, or the lot upon which it is situated.
(Section 413.115, Iowa Code)
(k) Nature, terms of court orders. The court is hereby
authorized to make any order specified in sections 20-2.04(i)
and (j). (Section 413.116, Iowa Code)
(1) Eviction of tenant by owner. If the occupant of a
dwelling shall fail to comply with the provisions of this
chapter after due and proper notice from the building
official, such failure to comply shall be deemed sufficient
cause for the eviction of such tenant by the owner and the
cancellation of his lease. (Section 413.117, Iowa Code) (Ord.
No. 20-79, § 1, 4-2-79)
Cross reference -Procedure for abatement of substandard or unsafe
buildings, etc., Ch. 20, Art. II.
Sec. 20-3. Permits; licenses; inspections; fees.
20-3.01. Permits Required. No person shall perform any act
for which a building, electrical, heating, ventilating,
air-conditioning, refrigeration, plumbing or zoning permit is
required by chapter 10, "Buildings and Building Regula-
tions," chapter 13, "Electricity," chapter 19, "Heating, Air
Conditioning, and Ventilating," chapter 30, "Plumbing," or
Supp. No. 6
1203
§ 20-3 DUBUQUE CODE § 20-3
appendix A, "Zoning," of the code of ordinances of the city
unless such person shall first make application, pay the fee,
and hold a current, unrevoked permit issued by the building
official to perform the act for which a permit is required.
(Ord. No. 20-79, § 1, 4-2-79)
20-3.02. Multiple -Dwelling Operating License.
(a) Required. No persons shall operate a multiple dwell-
ing, as defined by this code, in any jurisdiction of the city
unless they hold a current unrevoked multiple -dwelling
operating license issued by the city building official in his
name for the specific named multiple dwelling.
(b) Terms. Every operating license shall be issued and
remain effective for successive periods of one (1) year from
the date of its issuance and, upon application, may be
renewed and remain effective for successive periods of one
(1) year from the date of its renewal, unless sooner revoked
at any time by the building official for noncompliance with
any applicable provisions of this code. Dwelling operating
licenses shall not be transferable from one person to another
person or from one dwelling to another dwelling. Every
person holding an operating license shall give notice in
writing to the building official within twenty-four (24) hours
after having transferred or otherwise disposed of the legal
control of any licensed dwelling. Such notice shall include
the name and address of the person or persons succeeding to
the ownership or control of such licensed dwelling. The
building official is hereby authorized and directed to revoke
any dwelling operating license at any time for any
noncompliance with any provision imposed upon the
building official to enforce by any city, state or federal laws.
(c) Building official's responsibilities for issuance. The
building official is hereby authorized and directed to develop
dwelling operating license application forms and to make
such forms available to the public upon request, to develop
dwelling operating license forms, and, upon receipt of a
proper application therefor, to issue dwelling operating
licenses, and the renewals thereof, for specific dwellings, in
the names of
Supp. No. 6
1204
§ 20-3 HOUSING § 20-0
the applicant owners,, operators or managers; except that
no dwelling operating license shall be issued or renewed unless
and until all applicable provisions of this code and all other
applicable provisions imposed upon the building official to
enforce by city, state or federal laws are complied with. An
operating license may be issued pending an inspection and com-
pliance with this code.
(d) Qualifications for. No dwelling operating license shall
be issued or renewed unless and until:
(1) The dwelling for which a dwelling operating license is
sought is found by the building official, after inspec-
tion, to comply with all applicable provisions of this
code.
(2) The operator legally authorized and responsible for
maintenance of a dwelling for which a dwelling oper-
ating license is sought shall first make application
therefor on an application form provided by the build-
ing official.
(3) The applicant in the application agrees to such inspec-
tions as are necessary pursuant to the issuance .of a
dwelling operating license.
(4) All fees required by this code pursuant to the issu-
ance of a dwelling operating license are paid in full to
the building official.
(5) The applicant in the application shall designate a resi-
dent of the city as the agent to represent the applicant
whenever the applicant is not available for maintenance
of the dwelling for which a dwelling license is sought.
Said agent shall have full authority and responsibility
the same as the applicant for maintaining the dwell-
ing in compliance with the provisions of this code.
(6) Application for renewal of a dwelling operating license
shall be made within sixty (60) days prior to the expira-
tion of the• existing operating license.
(7) The operator of a dwelling in making application for a
dwelling operating license agrees to keep or cause to
Supp. No. 5
1205
§ 20-3 DUBUQUE CODE § 20-3
be kept an accurate record of all required alterations
and equipment changes related to the provisions of this
code, or any rules and regulations pertaining thereto,
and of all corrections made as the results of orders by
the building official.
(Ord. No. 20-79, § 1, 4-2-79)
20-3.03. Inspections.
(a) Generally. All buildings or structures within the scope
of this code and all construction or work for which a permit
is required shall be subject to inspection by the building offi-
cial in accordance with and in the manner provided by sections
304 and 305 of the building code and this code.
(b) When dwellings and dwelling units are subject to.
Any and all dwelling (s) and any and all dwelling unit(s), li-
censed and unlicensed, shall be subject to housing code en-
forcement inspection as follows:
(1) Whenever newly constructed.
(2) Whenever additions or alterations are made.
(3) Whenever requested and approved by the owner or
occupant (rent and rehabilitation financial assistance,
voluntary code compliance, presale, etc.)
(4) Whenever the building official has the reason to be-
lieve there is a violation of this code (upon complaint,
personal observation, probable cause, etc.).
Whenever upon inspection a violation of this code is -found
and notice is given, the dwelling or dwelling unit shall be
reinspected to determine if corrections have been made.
(c) Additional inspections unlicensed dwellings and unli-
censed dwelling units are subject to. In addition to the inspec-
tions that all dwellings and all dwelling units are subjected to
by section 20-3.03 (b) of this code, all unlicensed dwellings
shall be further subject to housing inspections and housing
code enforcement when the dwelling or dwelling unit is lo -
Supp. No. 5
1206
§ 20-3 HOUSING § 20-3
cated in any area designated by the city council for active
block enforcement of the housing code.
(d) Additional inspections all licensed dwelling are subject
to. In addition to the inspections that all dwellings and all
dwelling 'units are subject to by section 20-3.03.(b), all licensed
dwellings and dwelling units shall be subject to housing code
enforcement inspection approximately once every three (3)
years when dwelling operating licenses are issued or renewed
as prescribed by sction 20-3.02. (Ord. No. 20-79, § 1, 4-2-79)
20-3.04. Fees.
(a) Generally. Whenever a fee is required by this code, the
building code or any of the technical codes, such appropriate
fees shall be paid in full to the building official by the owner
or person responsible.
(b) Multiple -dwelling operating licenses. The annual fee for
issuing a multiple -dwelling operating license as required by
section 20-3.02. of this code shall be seven dollars ($7.00)
for each dwelling regardless of the number of dwelling units
in the dwelling.
(c) Multiple -dwelling inspections. Every multiple dwelling
shall be inspected approximately once every three (3) years
as provided by section 20-3.03 of this code. The fee for each
initial multiple -dwelling inspection once approximately every
three (3) years shall be ten dollars ($10.00) for the dwelling
plus one dollar ($1.00) for each communal or private dwell-
ing room in the multiple dwelling. The owner of a multiple
dwelling shall not be charged for the initial inspection of
any multiple dwelling or multiple -dwelling unit in the investi-
gation of a complaint or building official's investigation of a
probable violation of this code. However, when, upon the
initial inspection of any multiple dwelling or any multiple -
dwelling unit for any purpose, there is found to be any viola-
tion of this code to the extent that a written notice of viola-
tion and a reinspection are required to ensure compliance with
the code, there shall, for each inspection subsequent to an
Supp. No. 5
1207
§ 20-3 DUBUQUE CODE § 20-3
initial inspection, be'a reinspection fee of ten dollars .($10.0)
for the multiple dwelling reinspected plus two dollars ($2.00)
for each communal or private dwelling room reinspected in
the multiple dwelling. For the purpose of this, section a
"dwelling room" shall be defined as any room used for living,
eating, sleeping, cooking, laundry, bathing, toilet, recreation,
etc.; it shall not include common stairways, hallways, lobbies,
boiler rooms, building offices or clothes closets, etc. A dwell-
ing unit in a multiple dwelling occupied by an owner -inhabitant
shall be exempt from any inspection fee or reinspection fee.
This does not exempt inspection of the dwelling unit occupied
by the owner -inhabitant or the inspections and inspection fees
of other dwelling units in the multiple dwelling as required
by : this code.
When a hospital, nursing home, or similar dwelling is peri-
odically inspected by duly authorized United States, State of
Iowa, or Dubuque County government officials enforcing stand-
ards equal to or greater than the Dubuque Residential Hous-
ing Code, such inspections and enforcement shall be prima
facie compliance with the Dubuque Residential Housing Code
and the Code of Iowa Housing Law, and such dwelling shall
be subject to Dubuque Residential Housing Code requirements
for multiple -dwelling operating licenses and multiple -dwelling
operating license fees but shall be exempt from multiple -
dwelling operating license inspection and multiple -dwelling
operating license inspection fee requirements, provided such
United States, State of Iowa, or Dubuque County inspection
and enforcement areproven by the owner to the city health
officer's satisfaction.
(d) Presale and/or mortgage, etc., inspection. Whenever
anyone requests any presale or any preloan, etc., housing in-
spection, the person making the request shall pay an inspec-
tion fee of fifty dollars ($50.00) for the first dwelling unit
plus five dollars ($5.00) for each additional dwelling unit in
the dwelling.
(e) One- and two -dwelling -unit dwellings. All one- and two -
dwelling -unit dwellings shall be exempt from any fee re -
Supp. No. 5
1208
§ 20-3 HOUSING § 20-4
quired by this code except as provided in section 20-3.01, "Per-
mits Required," and section 20-3.04(d), "Presale, etc." (Ord.
No. 20-79, § 1, 4-2-79)
Sec. 20-4. Definitions and rules of construction.
20-4.01. Established.
For the purpose of this code, certain terms, phrases, words,
and their derivatives shall be construed as specified in this.
section. Words used in the singular include the plural, and
the plural the singular. Words used in the masculine gender
include the feminine, and the feminine the masculine. The
word "shall" is always mandatory and not merely director.
Where terms are not specifically defined herein they shall
have the meaning as defined by the building or technical
codes, or shall have their ordinarily accepted meaning, or such
as the context may imply.
Accessory building or structure shall mean a detached build-
ing or structure in a secondary or subordinate capacity from
the main or principal building or structure on the same
premises.
Addition is an extension or increase in floor area or height
of a building or structure.
Administrative authority is the building official of the city.
Alley is a public space or thoroughfare less than sixteen
(16) feet but not less than ten (10) feet in width which has
been dedicated or deeded to the public for public use.
Alter or alteration is any change or modification in con-
struction or building service equipment.
Apartment shall mean a dwelling unit as defined in this
chapter.
Apartment house is any building or portion thereof which
is designed, built, rented, leased, let or hired out to be occu-
pied, or which is occupied, as the home or residence of three
Supp. No. 5
1209
§ 20-4 DUBUQUE CODE § 20-4
(3) or more families living independently of each other and
doing their own cooking in said building, and shall include
flats and apartments.
Appropriate authority shall mean that person within the
governmental structure of the corporate unit who is charged
with the administration of the appropriate code.
Approved shall mean approved by the local or state au-
thority having such administrative authority. "Approved,"
as to materials, types of construction, equipment and systems,
refers to approval by the building official as the result of
investigation and tests conducted by him, or by reason of
accepted principles or tests by recognized authorities, techni-
cal or 'scientific organizations.
Approved agency is an established and recognized agency
regularly engaged in conducting tests or furnishing inspec-
tion services, when such agency has been approved by the
building official.
Ashes shall mean the residue from the burning of com-
bustible materials.
Attic shall mean any story situated wholly or partly within
the roof and so designed, arranged or built as to be used for
business, storage or habitation. In the case of private dwell-
ings and two-family dwellings an "attic" or space in a ,sloping
roof, if not occupied for living purposes, shall not be counted
as a. story. In the case of multiple dwellings an attic room
shall be counted as a story if used for living purposes.
Basement shall mean a story partly .underground having at
least one-fourth (1/4) of its height above the adjoining ground
level and having a depth from finish floor level to bottom of
floor joistsof not less than six (6) feet eight (8) inches,
but to be considered as habitable .space the finish floor level
of the habitable rooms shall not be lower than forty-eight
(48) inches' average depth below adjoining grade and the
ceiling height shall be not less than seven (7) feet from finish
floor to finish ceiling. A basement with less than fifty (50)
per cent of its floor area as habitable area shall not be counted
as a story.
Supp. No. 5
1210
§ 20-4 HOUSING § 20-4
Boardinghouse is a lodging house in which meals are pro-
vided.
Building is any structure used or intended for supporting
or sheltering any use or occupancy.
Building code shall mean the Uniform Building Code 'pub-
lished by the International Conference of Building Officials,
as adopted and amended by chapter 10 of this Code of Ordi-
nances.
Building commissioner is the building official of the city.
Building, existing is a building erected prior to April 2
1979.
Building service equipment refers to the plumbing, mechani-
cal, electrical and elevator equipment, including piping, wiring,
fixtures and other accessories, which provides sanitation,
lighting, heating, ventilation, cooling, refrigeration, fire -fight-
ing and transportation facilities essential for the habitable
occupancy of the building or structure, for its designated use
and occupancy.
Building official ;is the building commissioner of the city,
who shall be duly deputized ashealth officer for the purposes
of administering and enforcing the provisions of this chapter.
Bulk container shall mean any metal garbage, rubbish
and/or refuse container having a capacity of two (2) cubic
yards or greater and which is equipped with fittings for hy-
draulic and/or mechanical emptying, unloading, and/or re-
moval.
Ceiling height shall be the clear vertical distance from the
finished floor to the finished ceiling.
Cellar .shall mean a story having less than one-fourth (1/4,),
its height above adjoining ground level and having a depth
from finish floor level to bottom of the floor joists of not less
than six (6) feet four (4) inches. A cellar shall not be counted
as a story for the purpose of height measurement.
Supp. No. 5
1211
§ 20-4 DUBUQUE CODE § 204
Central heating system shall mean a single system .supply-
ing heat to one (1) or more dwelling unit (s) or more than one
(1) rooming unit.
Chimney shall mean a vertical masonry shaft of reinforced
concrete or other approved noncombustible, heat -resisting ma-
terial enclosing one (1) or more flues for the purpose of re-
moving products of combustion from solid, liquid or gaseous
fuel.
Chief building, electrical, mechanical, plumbing, or housing
inspector and plan examiner shall be the persons designated
to supervise their respective division of the building depart-
ment, under the direction of and assisting the building official
in administering and enforcing building department regu-
lations.
Court is an open unoccupied space, other than a yard, on
the same lot with a dwelling. A court notextending to the
street or front or rear yard is an "inner court." A. court ex-
tending to the street or front yard or rear yard is an "outer
court."
Corner and interior lots: [A "corner lot"] is a lot of which
at least two (2) adjacent sides abut upon a street. A lot other
than a corner lot is an "interior lot." The word "lot" is [defined
to mean and include] any deeded parcel of land, whether a
fully platted lot or not.
Curb level is the level of the established curb in front of
the building, measured at the center of such front. Where
no curb has been established, the city engineer shall establish
such curb level or its equivalent for the purposes of this chap-
ter.
Dangerous building code is the Uniform Code for the Abate-
ment of Dangerous' Buildings promulgated by the Interna-
tional Conference of Building Officials.
Dilapidated shall mean no longer adequate for the pur-
pose or use- for which it -was originally intended.
Supp. No. 5
1212
§ 20-4 HOUSING § 20-4
Dormitory shall mean a building or a group of rooms in a
building used for institutional living and sleeping purposes by
four (4) or more persons.
Dwelling shall mean any house or building, or portion there-
of, which is occupied in whole or in part as the home or
residence of one (1) or more human beings living together
as individuals or as a family, either permanently or transiently,
and shall include all classes of dwellings ; the building may or
may not be of mixed occupancy.
Dwelling classification: For the purpose of this chapter,
dwellings are divided into the following classes:
(1) Private dwelling: A "private dwelling" is a building
with but one (1) dwelling unit occupied, or intended to
be occupied, by one (1) or more persons living to-
gether as individuals or as a family, and is not a build-
ing with mixed occupancy.
(2) Duplex: A duplex is any building having two (2). dwell-
ing units, each dwelling unit occupied or intended to be
occupied by one (1) or more persons living together
as individuals or as a family, and is not a building with
mixed occupancy.
One -dwelling -unit dwelling or one -unit dwelling is any
building with but one (1) dwelling unit occupied, or
intended to be occupied, by one (1) or more persons
living together as individuals or as a family ; the,
building may or may not be of mixed occupancy.
(4) Two -dwelling unit dwelling or two -unit dwelling is any
building with but two (2) dwelling units occupied by one
(1) or more persons living together as individuals. or
as a family; the building may or may not be of mixed
occupancy.
(3)
(5) Multiple -dwelling -unit dwelling or multiple dwelling is
any building with three (3) or more dwelling units,
each dwelling unit ,occupied or intended tobe occupied
by one (1) or more personsliving together as indi-
Supp. No. 5
1213
§ 20-4
DUBUQUE CODE § 20-4
viduals or as a family ; the building may or may not
be of mixed occupancy, and shall include multiple dwell-
ings of class A and class B, rooming houses, dormi-
tories, convents, etc. All multiple dwellings are for
the purposes of this chapter divided into classes, viz,
class A and class B.
(a) Class A: Multiple dwellings of class A are dwell-
ings which are occupied more or less permanently
for residence purposes by several families and in
which the rooms are occupied in apartments, suites,
or groups. This class includes tenement houses,
flats, apartment houses, apartment hotels, bachelor
apartments, and all other dwellings similarly occu-
pied, whether specifically enumerated or not.
(b) Class B: Multiple dwellings of class B are dwell-
ings which are occupied, as a rule transiently, as
the more or less temporary abiding place of indi-
viduals who are lodged or roomed, with or with-
out meals, and in which as a rule the rooms are
occupied singly. This class includes motels, hotels,
lodging houses, boardinghouses, furnished room
houses, clubhouses, asylums, boarding schools, con-
vents, health care facilities, hospitals, nursing
homes, jails, and all other dwellings similarly occu-
pied, whether specifically enumerated herein or not.
(6) Mixed occupancy means a space occupied by more than
one (1) occupancy classification, such as residential,
office, commercial, institutional, light industrial, or
heavy industrial. (See also "mixed occupancy.")
Dwelling unit shall mean any room or group of rooms
forming a single private quarters for human living and/or
sleeping purposes, transiently or permanently, by one (1) or
more persons individually or as a family in any building pro-
viding private or communal sanitation facilities, and [which]
may or may not provide private or communal cooking, eat-
ing and/or laundry facilities, and shall [be construed to]
Supp. No. 5
1214
§ 20-4 HOUSING § 20-4
mean [and] to include all rooms or groups of rooms classified
as a dwelling or multiple dwelling of class A or B.
Efficiency living unit is any room having cooking facilities
used for combined living, dining and sleeping purposes and
meeting the requirements of section 20-,5.06.
Egress shall mean an arrangement of exit facilities to
assure a safe means of exit from buildings. (See "exit.")
Electrical code is that electrical code adopted and amended
by chapter 13 of this Code of Ordinances.
Exit is a continuous and unobstructed means of egress to a
public way and shall include intervening doorways, corridors,
ramps, stairways, smokeproof enclosures, horizontal exits,
exterior courts and yards. (See "egress.")
Extermination shall mean the control and eliminationof
insects, rodents, or other pests by eliminating their harborage
places; by removing or making inaccessible materials that may
serve as their food; by poisoning, spraying, fumigating, trap-
ping, or by any other recognized and legal pest -elimination
methods approved by the local or state authority having such
administrative authority.
Fair market value shall mean the price at which both buyers
and sellers are willing to do business.
Family shall mean one (1) or more individuals living to-
gether and sharing common living, sleeping, cooking and eat-
ing facilities. (See also "household.")
Fire code is that fire code adopted by chapter 14 of this
Code of Ordinances.
Floor area shall mean the net floor area within the enclosing
walls of a room, excluding built-in equipment such as ward-
robes, cabinets, kitchen units of fixtures.
Flush water closet shall mean a toilet bowl which is flushed
with water which has been supplied under pressure and
equipped with a water -sealed trap above the floor level.
Supp. No. 5
1215
§ 20-4
DUBUQUE CODE § 20-4
Front, rear and depth of lot: The "front" of a lot is that
boundary line which borders on the street. In the case of a
corner lot, the owner may elect, by statement on his plans,
either street boundary line as the front. The "rear" of a lot
is the side opposite to the front. The "depth" of a lot is the di-
mension measured from the front of the lot to the extreme
rear line of the lot. In case of irregular-shaped lots, the mean
depth shall be taken.
Garbage shall mean the animal and vegetable wastes re-
sulting from the handling, preparation, cooking, serving and
nonconsumption of food.
Grade shall mean the finished ground level adjacent to a
required window.
Guest shall mean an individual who shares a dwelling unit
in a nonpermanent status for not more than thirty (30) days.
Guest room is any room or rooms used, or intended to be
used, by a guest for sleeping purposes.
Habitable room shall mean a room or enclosed floor space
used or intended to be :used for living, sleeping, cooking, or
eating purposes, excluding bathrooms, water closet com-
partments, laundries, furnace rooms, pantries, kitchenettes
and utility rooms of less than fifty (50) ,sq'uare feet of floor
space, foyers or communicating corridors, stairways, closets,
storage spaces and workshops, hobby and recreation areas.
Health care facility shall mean any residential -care facility,
intermediate -care facility or skilled -nursing facility.
Health officer is the building commissioner and building
official, who shall be duly deputized as health officer for the
purposes of administering and enforcing the provisions of
this chapter.
Heating device shall mean all furnaces, unit heaters, do-
mestic incinerators, cooking and heating stoves and ranges,
and other similar devices.
Height: The perpendicular distance measured in a straight
line from the curb level to the highest point of the roof beams
Supp. No. 5
1216
§ 20-4 HOUSING § 20-4
in the case of flat roofs, and to the average of the height of the
gable in the case of pitched roofs, the measurements in all cases
to be taken through the center of the front of the house.
Where a dwelling is situated on a terrace above thecurb level,
such height shall be measured from the level of the adjoining
ground. Where a dwelling is on a corner lot and there is more
than one (1) grade or level, the measurements shall be taken
from the mean elevation.
Hot water shall be water at a temperature of not less than
one hundred twenty (120) degrees Fahrenheit or forty-nine
(49) degrees Celsius.
Hotel is any building containing six (6) or more guest
rooms intended or designed to be used, or which areused,
rented or hired out to be occupied, or which are occupied, for
sleeping purposes by guests. (See "dwelling classification.")
Household shall mean one (1) or more individuals living
together in a single dwelling unit and sharing common living,
sleeping, cooking and eating facilities. (See also "family.")
Housing code shall be this chapter of the Code of Ordinances.
Infestation shall mean the presence within or around a
dwelling of any insects, rodents or other pests.
Intermediate -care facility means any institution, place,
building or agency providing, for a period exceeding twenty-
four (24) consecutive hours, accommodation, board and nurs-
ing services, the need for which is certified by a physician,
to three (3) or more individuals not related to the administra-
tor or owner thereof within the third degree of consanguinity,
who by reason of illness, disease or physical or mental infirm-
ity require nursing services which can be provided only under
the direction of a registered nurse or a licensed practical
nurse.
Jurisdiction is any political subdivision which adopts this
code for administrative regulations within its sphere of au-
thority.
Supp. No. 5
1217
§ 20-4
DUBUQUE CODE § 20-4
Kitchen shall mean any room used for the storage of foods
[and/or] preparation of foods, and containing the following
equipment: sink and/or other device for dishwashing, stove
or other device for cooking, refrigerator or other device for
cool storage of food, cabinets and/or shelves for storage of
equipment and utensils, and counter or table for food prep-
aration.
Kitchenette shall mean a small kitchen or an alcove con-
taining cooking facilities.
Lead-based paint shall mean any paint containing more lead
than the level established by the United States Consumer
Product Safety Commission as being the "safe" level of lead in
residential paint and paint products.
Listed and listing are terms referring to equipment and ma-
terials which are .shown in a list published by an approved test-
ing agency, qualified and equipped for experimental testing
and maintaining an adequate periodic inspection of current
products and whose listing states that the equipment com-
plies with recognized safety standards.
Lodging house is any building or portion thereof containing
not more than five (5) guests, where rent is paid in money,
goods, labor or otherwise. (See "dwelling.")
Mechanical code shall mean the heating, ventilating and
air-conditioning code adopted and amended by chapter 19 of
this Code of Ordinances.
Mixed occupancy: In cases of mixed occupancy, where a
building is occupied only in part as a dwelling, the part so
occupied shall be deemed a dwelling for the purposes of this
chapter. (See also "dwelling classification.")
Motel shall mean "hotel" as defined in this code.
Multiple dwelling shall mean any dwelling containing three
(3) or more dwelling units. (See "dwelling classification.")
Nuisance: The following shall be defined as nuisances:
Supp. No. 5
1218
§ 20-4 HOUSING § 20-4
(1) Any public nuisance known at common law or in equity
jurisprudence.
(2) Any attractive nuisance which may prove detrimental
to children, whether in a building, on the premises of a
building, or upon an unoccupied lot. This includes any
abandoned wells, shafts, basements, or excavations;
abandoned refrigerators and motor vehicles ; any struc-
turally unsound fences or structures ; or any lumber,
trash, fences, debris or vegetation which may prove a
hazard for inquisitive minors.
(3) Whatever is dangerous to human life or is detrimental
to health, as determined by the health officer.
(4) Overcrowding a room with occupants.
(5) Insufficient ventilation or illumination.
(6) Inadequate or unsanitary sewage or plumbing facili-
ties.
(7) Uncleanliness, as determined by the health officer.
(8) Whatever renders air, food or drink unwholesome or
detrimental to the health of human beings, as deter-
mined by the health officer.
The word "nuisance" shall be held to embrace a nuisance as
known at common law or in equity jurisprudence ; and what-
ever is dangerous to human life or detrimental to health,
whatever dwelling is overcrowded with occupants or is. not
provided with adequate ingress or egress to or from the same,
or is not sufficiently supported, ventilated, sewered, drained,
cleaned or lighted, in reference to its intended or actual use,
and whatever renders the air or human food or drink unwhole-
some, are also severally, in contemplation of this chapter,
nuisances, and all such nuisances are hereby declared illegal.
Nursing home: (See "health care facility.")
Occupancy is the purpose for which a building or part there-
of is used or intended to be used.
Supp. No. 5
1219
§.204 DUBUQUE CODE § 20-4
Occupant, shall mean any individual living, sleeping, cook-
ing, or eating in or having possession of a dwelling unit or a
rooming unit ; except that in dwelling units a guest shall not
be considered an occupant.
Occupied shall be construed to mean used or intended to be
occupied or, used.
Occupied spaces shall mean outside stairways, fire towers,
porches, platforms, balconies, boiler flues, and other projec-
tions shall be considered as part of the building and not as a
part of the yards or courts or unoccupied spaces,. This provi-
sion shall not apply to unenclosed outside porches not exceed -
in two (2) stories in height which do not extend into the front
or rear yard a greater distance than ten (10) feet from the
front or rear walls of the building; or to any such porch which
does not extend into the side yard a greater distance than
twelve (12) feet from the side wall of the building or exceed
twelve (12) feet in its other horizontal dimension; or to an
enclosed rear porch or attached garage with or without sleep-
ing porch above, and not exceeding twelve (12) feet by twenty
(20) feet; or to cornices or eaves not exceeding eighteen (18)
inches in width.
Openable area shall mean that part of a window or door
which is available for unobstructed ventilation and which opens
directly to the outdoors.
Operate shall mean to manipulate or to have charge, care,
control, management or ownership in any building or part
thereof in which there is one (1) or more dwelling units to let.
Operator shall mean any person who has charge, care,
control or management of a building or part thereof in which
dwelling units or rooming units are let.
Ordinary summer conditions shall mean a temperature ten
(10), degrees Fahrenheit below the highest recorded tempera,
ture in the locality for the prior ten-year period.
Ordinary winter conditions shall mean a temperature fif-
ten (15) degrees Fahrenheit above the lowest recorded tem-
perature in the locality for the prior ten-year period.
Supp. No. 5
1220
§ 20-4 HOUSING § 20-4
Owner shall mean any person who, alone or jointly or
severally with others :
(1) Shall have legal title or equitable interest in any prem-
ises, dwelling or dwelling unit, with or without accom-
panying actual possession thereof ; or
(2) Shall have charge, care or control of any premises,
dwelling or dwelling unit, as owner or agent of the
owner, or as executor, administrator, trustee or guard-
ian of the estate of the owner. Any such person thus
representing the actual owner shall be bound to comply
with the provisions of this chapter, and of rules and
regulations adopted pursuant thereto, [to] the same
extent as if he were the owner.
Permissible occupancy shall mean the maximum number of
individuals permitted to reside in a dwelling unit, rooming
unit or dormitory.
Permit is an official document or certificate issued by the
building official authorizing performance of a specified ac-
tivity.
Person is a natural person, his heirs, executors, administra-
tors or assigns, and also includes a firm, partnership or cor-
poration, its or their successors or assigns, or the agent of
any of the aforesaid.
Plan examiner checks proposed building plans for compliance
with applicable codes and .standards.
Plumbing shall mean and include all of the following sup-
plied facilities and equipment : gas pipes, gas -burning equip--
ment, water pipes, garbage disposal units, waste pipes, water
closets, sinks, installed dishwashers, lavatories, bathtubs,
shower baths, installed clothes -washing machines, catch basins,
drains together with all connections to water, sewer or gas
lines.
Plumbing code is that plumbing code adopted by chapter
30 of this Code of Ordinances.
Supp. No. 5
1221
g 20-4
DUBUQUE CODE § 20-4
Premises shall mean a platted lot or part thereof or un -
platted lot or parcel of land or plot of land, either occupied or
unoccupied by a dwelling or nondwelling structure, and in-
cludes any such building, accessory structure or other struc-
ture thereon.
Privacy shall mean the existence of conditions which will
permit an individual or individuals to carry out an activity
commenced without interruption or interference, either by
sight or sound, by 'unwanted individuals.
Public hall shall mean a hall, corridor or passageway not
within the exclusive control of one ( 1 ) family.
Properly connected shall mean connected in accordance with
all applicable codes and ordinances of the city.
Rat harborage shall mean any conditions or place where
rats can live, nest or seek shelter.
Ratproofing .shall mean a form of construction which will
prevent the ingress or egress of rats to or from a given space
or building, or from gaining access to food, water or harbor-
age. It consists of the closing and keeping closed of every
opening in foundations, basements, cellars, exterior and in-
terior walls, ground or first floors, roofs, sidewalk gratings,
sidewalk openings, and other places that may be reached
and entered by rats by climbing, burrowing or other methods,
by the use of materials impervious to rat gnawing and other
methods approved by the health officer.
Refuse shall mean all putrescible and nonputrescible solids
(except body wastes), including garbage, rubbish, ashes and
dead animals.
Refuse container shall mean a watertight container that
is constructed of metal or other durable material impervious
to rodents [and] that is capable of being serviced without
creating unsanitary conditions, or such other containers as
have been approved by the appropriate authority. Openings
into the container such as covers and doors shall be tight-
fitting.
Supp. No..5
12 22
§ 20-4 HOUSING § 20-4
Repair is the reconstruction or renewal of any part of an
existing building, structure or building service equipment for
the purpose of its maintenance.
Residential -care facility means any institution, place, build
ing or agency providing, for a period exceeding twenty-four
(24) consecutive hours, accommodation, board, personal as-
sistance and other essential daily living activities to three (3)
or more individuals not related to the administrator or owner
thereof within the third degree of consanguinity, who by
reason of illness, disease or physical or mental infirmity are
unable to sufficiently or properly care for themselves but who
do not require the services of a registered or licensed practical
nurse except on an emergency basis.
Room heater shall mean a self-contained heating appli-
ance of either the convection type or the radiant type and
intended primarily to heat only a limited space or area such
as one (1) room or two (2) adjoining rooms.
Rooming house shall mean any dwelling containing one (1)
or more rooming units and/or one (1) or more dormitory
rooms and in which persons either individually or as families
are housed, with or without meals being provided.
Rooming unit shall mean any room or group of rooms form-
ing a single habitable unit used or intended to be used for
living and sleeping, but not for cooking purposes.
Rubbish shall mean nonputrescible solid wastes (excluding
ashes) consisting of either:
(1) Combustible wastes such as paper, cardboard, plastic
containers, yard clippings, and wood; or
(2) Noncombustible wastes such as tin cans, glass and
crockery.
Safety shall mean the condition of being reasonably free
from dangers and hazards which may cause accidents or dis-
ease.
Single-family dwelling shall mean any dwelling containing
one (1) dwelling unit. (See "dwelling classification ")
Supp. No. 5
1223
§ 20-4
DUBUQUE CODE § 20-4
Skilled -nursing facility means any institution, place, build-
ing or agency providing, for a period exceeding twenty-four
(24) consecutive hours, accommodation, board and nursing
services, the need for which is certified by a physician, to
three (3) or more individuals not related to the administrator
or owner thereof within the third degree of consanguinity, who
by reason of illness, disease or physical or mental infirmity
require continuous nursing care services and related medical
services, but do not require hospital care. The nursing care
services provided must be under the direction of a registered
nurse on a 24 -hour -per -day basis.
Stair hall shall mean public hall and includes the stairs,
stair landings, and those portions of the building through
which it is necessary to pass in going between the entrance
floor and the roof.
Story: (See "attic," "basement" and "cellar.")
Structure is that which is built or constructed, an edifice
or building of any kind, or any piece of work artificially built
upi or composed of parts joined together in some definite man-
ner.
Substandard building shall mean any building or portion
thereof in which there exists any of the conditions, and to the
extent listed, in section 2040 of this chapter.
Supplied shall mean paid for, furnished by, provided by, or
under the control of the owner, operator or agent.
Technical codes refer to those codes adopted by this juris-
diction containing the provisions for design, construction,
alteration, addition, repair, removal, demolition, use, location,
occupancy and maintenance of all buildings and structures and
building service equipment as herein defined, and shall apply
to existing or proposed buildings and structures.
Temporary housing shall mean any tent, trailer, mobile home
or any other structure used for human shelter, which is
designed to be transportable and which is not attached to the
ground, to another structure, or to any utility system on the
same premises for more than thirty (30) consecutive days.
Supp. No. 5
1224
§ 20-4 HOUSING § 20-4
Toxic substance shall mean any chemical product applied
on the surface of or incorporated into any structural or deco-
rative materials which constitutes a potential hazard to human
health at acute or chronic exposure levels.
Two-family dwellings: (See "dwelling classification.")
Unfit dwelling: Any dwelling, dwelling unit, rooming house,
or rooming unit, in whole or in part, which shall be found
to have any of the following defects shall be deemed to be unfit
for human habitation :
(1) One which is so damaged, decayed, dilapidated, unsani-
tary, unsafe or vermin -infested that it creates a serious
hazard to health or safety of the occupants or to the
public.
(2) One which lacks light, ventilation or sanitation facili-
ties adequate to protect the health or safety of the
occupants or of the public as prescribed by the provi-
sions of this. chapter.
(3) One which, because of its general condition or location,
is 'unsanitary or otherwise dangerous to the health or
safety of the occupants or to the general public. ,
Valuation or value, as applied to a building service equip-
ment, shall be the estimated cost to replace the building
and its building service equipment in kind, based on current
replacement costs.
Variance shall mean a difference between that which is
required or specified and that which is permitted.
Wooden building is a building of which the exterior walls
or a portion thereof are of wood. Court walls are exterior
walls.
Yards: A "rear yard" is an open, unoccupied space on the
same lot with a dwelling between the extreme rear line of the
lot and the extreme rear line of the house. A yard between the
front line of the house and the front line of the lot is a "front
yard." A yard between the side line of the house and the
Supp. No. 5
1225
§ 20-4 DUBUQUE CODE § 20-5
side line of the lot which extends from the front line or front
yard to the rear yard is a "side yard. (Ord. No. 20-79, § 1,
4.2-79)
Sec. 20-5. Space and occupancy standards.
20-5.0. Compliance required. No person shall occupy as owner,
occupant or let to another for occupancy any •dwelling or
dwelling unit, for the purpose of living therein, which does
not comply with the following requirements of this section.
(Ord. No. 20-79, § 1, 4-2-79)
20-5.01. Location of Building on Property; Access from Build-
ing to Public Street.
(a) All buildings shall be located with respect to property
lines and to other buildings on the same property as required
by the zoning ordinance and section 504 and part V of the
building code.
(b) Each dwelling unit and each guest room in a dwelling
or a lodging house shall have access to a passageway, not less
than three (3) feet in width, leading to a public street or alley.
Each apartment house or hotel shall have access to a public
street by means of a passageway not less than four (4) feet
in width. Corridors, balconies, and stairways shall not be less
than as required by section 20-8 of this chapter. (Ord. No.
2079, § 1, 4-2-79)
Cross reference—Exits generally, § 20-8.
20-5.02. Yards and Courts Generally.
(a) Scope of application. This section shall apply to yards
and courts having required windows opening therein.
(b) Yards. Every yard shall be as required by the zoning
ordinance [appendix A to the Code of Ordinances] .
(c) Courts. Every court shall be not less than three (3)
feet in width. Courts having windows opening on opposite
sides shall be not less than six (6) feet in width. Courts
bounded on three (3) or more sides by the walls of the build-
ing shall be not less than ten (10) feet in length unless
Supp. No. 5
1226
§ 20-5 HOUSING § 20-5
bounded on one end by a street or yard. For buildings more
than two (2) stories in height the court shall be increased
one (1) foot in width and two (2) feet in length for each
additional story. For buildings exceeding fourteen (14) stories
in height, the required dimensions shall be computed on the
basis of fourteen (14) stories. Adequate access shall be pro-
vided to the bottom 9f all courts for cleaning purposes. Every
court more than two (2) stories in height shall be provided
with a horizontal air intake at the bottom not less than ten
(10) square feet in area and leading to the' exterior of the
building unless abutting a yard or public space. The con-
struction of the air intake shall be as required for the court
walls of the building, but in no case shall be less than one -hour -
fire -resistive.
(d) Projections into yards. Projections into yards shall be
in accordance with the zoning ordinance [appendix A to the
Code of Ordinances]. (Ord. No. 20-79, § 1, 4-2-79)
Cross references—Origin of light and ventilation for courts, § 20-5.04
(b), (2), (3); color of walls of courts for multiple dwellings, § 20-5.04
(e)(1); grading and draining of courts and yards, § 20-5.05(j)(4).
20-5.03. Room Dimensions.
(a) Ceiling heights. Habitable rooms or areas shall have a
ceiling height of not less than seven. (7) feet six (6) inches
except as otherwise premitted in this section. Other rooms or
areas may have a ceiling height of not less than seven (7)
feet measured to the lowest projection from the ceiling.
If any room in a building has a sloping ceiling, the prescribed
ceiling height for the room is required in only one-half (1/2)
the area thereof. No portion of the room measuring less than
five (5) feet from the, finished floor to the finished ceiling
shall be included in any computation of the minimum area
thereof. If any room has a furred ceiling, the prescribed
eeiling' height is required in two-thirds (%) the area there-
of, but in no case shall the height of the furred ceiling be less
than seven (7) feet.
(b) Floor area. Every dwelling unit shall have at least one
(1) room which shall have notless than one hundred fifty
Supp. No. 5
1227
§ 20-5
DUBUQUE CODE § 20-5
(150) square feet of floor area. Other habitable rooms, ex-
cept kitchens, shall have an area of not less than seventy
(70) square feet. Where more than two• (2) persons occupy a
room used for sleeping purposes, the required floor area shall
be increased at the rate of fifty (50) square feet for each
occupant in excess of two (2).
(c) Width. No habitable room other than a kitchen shall
be less than seven (7) feet in any dimension. Each water closet
stool shall be located in a clear space not less than thirty (30)
inches in width, and a clear space in front of the water closet
stool of not less than twenty-four (24) inches shall be pro-
vided.
(d) Maximum density, minimum space and location, room
arrangement.
(1) Number of occupants. Not more than one (1) family,
plus two (2) occupants unrelated to the family, except
for guests or domestic employees, shall occupy a dwell-
ing unit unless a license for a rooming house has been
granted by the appropriate authority.
(2) Habitable space below grade. No space located up to four
(4) feet below grade shall be used as a habitable room
of a dwelling unit unless approved by the appropriate
authority in writing. No space located more than four
(4) feet below grade shall be used as a habitable room
of a dwelling unit.
(3) Access through rooms. No dwelling or dwelling unit con-
taining two (2) or more sleeping rooms shall have
such room arrangement that access to a bathroom or
water closet compartment intended for use by occupants
of more than one (1) sleeping room can be had only by
going through another sleeping room ; nor shall room
arrangement be such that access to a sleeping room
can be had only by going thro:ugh another sleeping room.
A bathroom or water closet compartment shall not be
used as the only passageway to any habitable room, hall,
basement or cellar or to the exterior of the dwelling
unit.
Supp. No. 5
1228
§ 20-5 HOUSING § 20-5
(4) Every dwelling unit shall have at least four (4) .square
feet of floor -to -ceiling -height closet space for the per-
sonal effects of each permissible occupant; if it is lack-
ing, in whole or in part, an amount of space equal in
square footage for the deficiency shall be .subtracted
from the area of habitable room space used in determin-
ing permissible occupancy. (Ord. No. 20-79, § 1, 4-2-79)
Editor's note—For purposes of facilitating indexing and reference
the editor has included the "exception" provision of § 20-5.03(b), en-
acted pursuant to Ord. No. 20-79, § 1, adopted April 2, 1979, as a
new § 20-5.06. The "exception" provision provides space and occupancy
standards for efficiency living units in apartment houses.
20-5.O4. Light and Ventilation.
(a) Natural light and ventilation generally. All guest rooms,
dormitories and habitable rooms within a dwelling unit shall
be provided with natural light by means of exterior glazed
openings with an area not less than one-tenth (1/10). of the
floor area of such rooms, with a minimum of ten (10) square
feet. All bathrooms, water closet compartments, laundry rooms
and similar rooms shall be provided with natural ventilation
by means of openable exterior openings with an area not less
than one -twentieth (1/20.) of the floor area of such rooms,
with a minimum of one and one-half (11/2) square feet. All
guest rooms, dormitories and habitable rooms within a dwell-
ing unit shall be provided with natural ventilation by means
of openable exterior openings with an area of not less than one -
twentieth (1/20) of the floor area of such rooms, with a
minimum of five. (5) square feet.
(b) Origin of light and ventilation. Required exterior open-
ings for natural light and ventilation shall open directly onto
a street or public alley or a yard or court located on the same
lot as the building, except that required windows may open
into a roofed porch where the porch abuts a street, yard or
court; has a ceiling height of not less than seven (7) feet;
and has the longer side at least sixty-five (65) per cent open
and unobstructed.
(1) Service rooms: A required window in a service room
may open into a vent shaft which is open and unob-
Supp. No. 5
1229
§ 20-5
DUBUQUE CODE § 20-5
structed to the sky and not less than four (4) feet
in least dimension. No vent shaft shall extend through
more than two (2) stories. For the purpose of determin-
ing light and ventilation requirements, any room may be
• considered as a portion of an adjoining room when one-
half .(1/2) of the area of the common wall is open and
'unobstructed and provided an opening of not less than
one-tenth (1/10) of the floor area of 'the interior room
or twenty-five (25) square feet, whichever is greater.
(2) Covered courts: No court of a dwelling shall be covered
by a roof or skylight. Every such court shall be at every
point open from the ground to the sky unobstructed,
except that, in the case of hotels, courts may start on
the floor level of the lowest bedroom story, and, in the
case of other multiple dwellings where there are stores
or shops on the lower story or stories, courts may start
on the top of such lower story or stories. (Section
413.16, Iowa Code)
(3) Corners of courts: Nothing contained in the foregoing
sections concerning courts shall be construed as pre-
venting the cutting off of the corners of said courts.
(Section 413.18, Iowa Code)
(4) Basements, cellars, crawl spaces and attics: All base-
ments and cellars shall provide light and ventilation
with window area of not less than one (1) per cent
of the superficial floor area. Crawl spaces and attic
spaces shall be provided with ventilating area not less
than one three -hundredths (0.03) of the floor area.
No mechanical exhaust system, exhausting vapors,
odors or gases shall be discharged into any attic, crawl
space or cellar but shall be directed to the outside air;
except this shall not prevent the mechanical exhaust-
ing of normal room air to attics when used solely for
cooling purposes. (Section 413.21, Iowa Code)
(5) Alcoves; fixed partitions in rooms: In every dwelling
an alcove in any room intended or used for separate oc-
cupancy shall be separately lighted , and ventilated as
Supp. No. 5
1230
§ 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, wholly or in part,
by a fixed partition for permanent separate occupancy
unless 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 outside, 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 adeq'uate 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. 7
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 wereoriginally enacted as para-
graphs of § 20-5.05(g).
Cross reference—Mechanical ventilation requirements, § 20-7.01(e).
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 (1) 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. 7
1232
§ 20-5 HOUSING § 20-5
(b). Communal or public water closets, lavatories, bathtubs
or showers.
(1) Urinals: Men's or women's urinals may be substituted
for required water closets ; wherever urinals are pro-
vided, one (1) water closet less than the number speci-
fied may be provided for each urinal installed, except
the number of water closets in such case shall not be
reduced to less than two-thirds (2/3) of the minimum
specified.
(2) Compartment floors and walls: Communal or public
water closet, bathtub, or shower compartment floors,
walls, etc., shall be provided as required by section 1711
of the building code.
(3) Public access: Access to communal or public restrooms
or bathrooms shall be from a common or public hall or
passageway.
(c) Kitchens.* Every one -unit dwelling unit, each dwell-
ing unit of a two -unit dwelling, and each dwelling unit of a
class. A dwelling shall be provided with a room or portion of a
room for a kitchen or kitchenette within the dwelling unit.
No food shall be prepared and/or cooked in any dwelling unit
of a class B multiple dwelling unless a kitchen is provided
within the dwelling unit. Communal food preparation and/or
cooking and dining facilities are prohibited. When a kitchen
or kitchenette is not provided in each dwelling unit of a class
B multiple dwelling, food service may be supplied in approved
central kitchen and dining facilities. Such an approved fa-
cility shall have:
(1) Sink: A kitchen sink connected to an approved and
working drain with hot and cold water under pressure
supplied to the kitchen sink. In no case shall a lavatory
substitute for an approved kitchen sink.
(2) Cabinets, shelves, counters, etc.: Cabinets and/or
shelves for the storage of eating, drinking, and
*Cross reference—Walls and floors of water closet compartments,
bathrooms and kitchens generally, § 20-5.05(e).
Supp. No. 5
1233
§ 20-5 DUBUQUE CODE § 20-5
cooking equipment and utensils and of food that does
not under ordinary summer conditions require re-
frigeration for safekeeping, and a counter or table
for food preparation; said cabinets and/or shelves and
counter or table shall be of sound construction [and]
furnished with surfaces that are easily cleanable and
that will not impart any toxic or harmful effect to
food.
(3) Stove and refrigerator: A stove or similar device for
cooking food, and a refrigerator or similar device for
the safe storage of food at temperatures less than
forty-five (45) degrees Fahrenheit but more than
thirty-two (32) degrees Fahrenheit under ordinary
maximum summer conditions, which are properly in-
stalled with all necessary connections for safe, sanitary
and efficient operation; provided that such stove, re-
frigerator, and/or similar devices need not be installed
when a dwelling unit is not occupied and when the occu-
pant is expected to provide same on occupancy. Suffi-
cient space and adequate connections for the safe and
efficient installation and operation of said stove, re-
frigerator, and/or similar devices shall be provided by
the dwelling unit owners.
(d) Plumbing fixtures. All plumbing fixtures shall be con-
nected to a sanitary sewer or to an approved private sewage
disposal system. All plumbing fixtures shall be connected.
to an approved system of water supply and provided with hot
and cold running water, except water closets shall be provided
with cold water only. All plumbing fixtures shall be of an ap-
proved glazed -earthenware type of a similar nonabsorbent
material. Every occupant of a dwelling unit shall keep all
supplied fixtures and facilities therein in a clean, sanitary
and operable condition and shall be responsible for the exercise
of reasonable care in the proper use and operation thereof.
(e) Walls and floors of water closet compartments, bath-
rooms and' kitchens' generally.* Walls and floors of water
*Cross reference—Floors and walls of communal or public water
closet, bathtub, or shower compartments, § 20-5.05(b) (2).
Supp. No. 5
1234
7
§ 20-5 HOUSING § 20-5
closet compartments shall be finished in accordance with sec-
tion 1711 of the building code. Every water -closet -compart-
ment, bathroom and kitchen floor surface shall be constructed
and maintained so as to be reasonably impervious to water
and so as to permit such floor to be easily kept in a clean and
sanitary condition.
(f) Water closet, bathtub or shower room separations.
Every water closet, bathtub, or shower required by this code
shall be installed in a room which will afford privacy to the
occupant. A room in which a water closet is located shall be
separated from food -preparation or storage rooms by a tight-
fitting door.
(g) Installations and maintenance of sanitary facilities.*
All sanitary facilities shall be installed and maintained in safe
and sanitary condition. No owner or other person shall occupy
or let to another person any dwelling or dwelling unit unless
it and the premises are clean, sanitary, fit for human occu-
pancy, and comply with all applicable legal requirements of
the state and the city.
(h) Garbage and refuse. Every occupant of a dwelling or
dwelling unit shall store and dispose of his garbage, refuse,
and any other organic waste which might provide food for
insects and/or rodents in a clean sanitary, safe manner.
(1) All garbage cans and refuse containers shall be rat -
proof, insectproof, watertight, structurally strong to.
withstand handling stress, easily filled, emptied and.
cleaned, [and] shall be provided with tight -fitting cov-
ers or similar closures. Disposable plastic bags manu-
factured for garbage and refuse disposal shall be ac-
ceptable if proper closures are used.
(2) Baskets, boxes and noncomplying refuse or garbage
cans or containers shall be considered disposable refuse
and shall be removed by the collection crews if they
are the proper size.
*Note—•See editor's note, § 20-5.04.
Supp. No. 5
1235
§ 20-5
DUBUQUE CODE § 20-5
(3) Bulk storage containers which are used for the stor-
age of garbage, refuse and/or other putrescible waste
shall be placed so at minimize spillage onto the adjacent
areas. All bulk storage containers shall be equipped
with tight -fitting lids.
(4) The total capacity of all provided garbage and/or refuse
cans and bulk storage containers shall be sufficient
to meet the needs of the occupants of the dwelling.
Every owner of a dwelling containing three (3) or more
dwelling units shall supply facilities or refuse containers for
the sanitary and safe storage and/or disposal of rubbish and
garbage. In the case of single- or two-family dwellings, it shall
be the responsibility of each occupant to furnish such facili-
ties or refuse containers.
(i) Rodent, insect and vermin control.
(1) Every dwelling, multiple dwelling, rooming house or
accessory structure and the premises on which [same
are] located shall be maintained in a ratfree and rat -
proof condition.
(2) All openings in the exterior walls, foundations, base-
ments,
asements, ground or first floors and roofs which have a
half -inch -diameter or more opening shall be ratproofed
in an approved manner if they are within forty-eight
(48) inches of the existing exterior ground level im-
mediately below such openings, or if they may be
reached by rats from the ground by climbing unguarded
pipes, wires, cornices, stairs, roofs, and other items such
as trees or vines or by burrowing.
(3). All sewers, pipes, drains or conduits and openings
around such pipes and conduits shall be constructed to
prevent the ingress or egress of rats to or from a
building.
(4) Interior floors of basements, cellars and other areas
in contact with the soil shall be ratproofed in an ap-
proved manner.
Supp. No. 5
1236
§ .20-5 HOUSING § 20-5
(5) Any materials used for ratproofing shall be acceptable
to the approving authority.
(6) All fences [shall] be constructed of approved fencing
materials, shall be maintained in good condition, and
shall not create a harborage for rats. Wood materials
shall be protected against decay by 'use of a paint which
is not a lead-based paint or by other preservative ma-
terial. (The permissible height and other characteris-
tics of all fences shall conform to the appropriate stat-
utes, ordinances, and regulationsof the city and the
state. Wherever any egress from the dwelling opens
into the fenced area, there shall be a means of egress
from the premises to any public way adjacent thereto).
(7) Accessory structures present or provided by the owner,
agent or tenant occupant on the premises of a dwell-
ing shall be structurally sound, and [shall] be main-
tained in good repair and free of insects and rats, or
such structures shall be removed from the premises.
The exterior of such structures shall be made weather -
resistant through the 'use of decay -resistant materials
or the use of leadfree paint or other preservaties.
(8) Every occupant of a dwelling containing a single dwell-
ing unit shall be responsible for the extermination of
insects and/or rats on the premises, and every occu-
pant of a dwelling unit in a dwelling containing more
than one (1) dwellnig unit shall be responsible for such
extermination whenever his dwelling unit is the only
one infested. Notwithstanding the foregoing provisions
of this subsection, whenever infestation is caused by
failure of owner to maintain a dwelling in a ratproof
or reasonable insectproof condition, extermination shall
be the responsibility of the owner. Whenever infesta-
tion exists in two (2) or more of the dwelling units in
any dwelling, or in the shared or public parts of any
dwelling containing two (2) or more dwelling units,
extermination thereof shall be the responsibility of the
owner.
Supp. No. 5
1237
§ 20-5
DUBUQUE CODE § 20-5
(9) No occupant or owner of a dwelling unit shall accumu-
late rubbish, boxes, lumber, scrap metal, or any other
materials in such a manner that may provide a rat
harborage in or about any dwelling or dwelling unit.
(10) No owner or occupant of a dwelling or dwelling unit
shall store, place, or allow to accumulate any materials
which may serve as food for ratsin a site accessible to
rats.
(11) All windows located at or near ground level used or
intended to beused for ventilation, all other openings
located at or near ground level, and all exterior door-
ways which ,might provide any entry for rats shall be
supplied with adequate screens or such other devices
as will effectively prevent the entrance of rats into the
structure...
(12) Every window, exterior door and hatchway or similar
device shall be so constructed to exclude insects dur-
ing that portion of the year when there is a need for
protection against mosquitoes, flies and other flying
insects.
(13) Every doorway used for ventilation and opening di-
rectly from a dwelling unit to outside space shall have
supplied properly fitting screens having at least six-
teen (16) mesh and a self-closing device.
'(14) The owner of a dwelling unit shall be responsible for
providing and hanging all screens and double or storm
doors and windows whenever the same are required
under the provisions of this chapter or any rule or
regulation adopted pursuant thereto. The maintenance
or replacement of screens, storm doors and windows
once installed in any one (1) season becomes the re-
sponsibility of the occupant. The occupant's responsi-
bility shall be exclusive to his or her dwelling unit.
(j) Miscellaneous.
(1) Toxic substances: Every owner of a dwelling unit shall
provide and maintain the dwelling or dwelling unit
Supp. No. 5
1238
§ 20-5 HOUSING § 20-5
free from hazards to health due to the presence of
toxic substances, e.g., lead-based paint, as determined
by the appropriate authority. No owner or occupant
shall apply a lead-based paint to any surface in any
dwelling, dwelling unit, rooming house and/or rooming
unit.
(2) Bedding, linen and towels: Whenever bedding, linen, or
towels are furnished by the owner or operator they shall
be changed at least once each week and prior to the
change of occupant. The owner or operator shall be
responsible for the supply and maintenance of all sup-
plied bedding, linen and towels.
Maintenance of foundations, walls, etc. Every founda
tion, roof and exterior wall, door, skylight and window
shall be reasonably weathertight, watertight and damp -
free and shall be kept in sound condition and good re-
pair. Floors, interior walls and ceilings shall be sound
and in good repair. All exterior wood surfaces, other
than decay -resistant woods, shall be protected from
the elements and decay by paint which is not lead-
based paint or by other protective covering or treat-
ment. Walls shall be capable of affording privacy for
the occupants.
(4) Grading and drainage: In every dwelling hereafter
erected all courts, areas, and yards shall be properly
graded and drained; and, when required by the health
officer, the courts shall be properly concreted in whole
or in part as may be necessary.
(5) Guttering. Unless other provisions are made, gutters,
leaders and downspouts shall be provided and main-
tained in good working condition [so] as to provide
proper drainage of storm water.
(6) Fire escapes: The owner of every :multiple dwelling
on which there are fire escapes shall keep them in good
order and repair and, whenever [the fire escapes are]
rusty, shall have them properly painted with two (2)
Supp. No. 5
(3)
1239
§ 20-5
(7)
DUBUQUE CODE § 20-5
coats of paint. No person shall at any time place an
obstruction of any kind before or upon such fire escape.
(Section 413.81, Iowa Code)
Articles dangerous to life or health: No dwelling or any
part thereof, or of the lot upon which it is situated,
shall be used as a place of storage, keeping, or handling
of any article dangerous or detrimental to life or health,
or of any combustible article except under such condi-
tions as may be prescribed by the fire commissioner, or
the proper official, under authority of a written permit
issued by him. (Section 413.74, Iowa Code)
(8) Keeping animals:: No horse, cow, calf, swine, sheep,
goat, chickens, geese, ducks, donkey, rabbits or pigeons
shall be kept in any dwelling or part thereof. No such
animal, except a horse, shall under any circumstances
be kept on the same lot or premises with a multiple
dwelling. The keeping of sheep, goats or cattle is pro-
hibited except on premises containing over one (1)
acre, and except within an enclosure distant at least
fifty (50) feet from any side lot line or any street line.
Poultry and rabbits shall not be kept other than within
an enclosure distant at least ten (10) feet fromany
side lot line and at least fifty (50) feet from any street
line or dwelling.
(Ord. No. 20-79, § 1, 4-2-79)
20-5.06. Efficiency Living Units Within Apartment Houses.
Nothing in this section shall prohibit the use of an efficiency
living unit within an apartment house meeting the following
requirements :
(1) The unit shall have a living room of not less than two
hundred twenty (220) square feet of superficial floor
area. An additional one hundred (100) square feet of
superficial floor area shall be provided for each occu-
pant of such unit in excess of two (2).
(2) The unit shall be provided with a separate closet.
Supp. No. 5
1240
§ 20-5 HOUSING § 20-6
(3) The unit shall be provided with a kitchen sink, cook-
ing appliance and refrigeration facilities, each having
a clear working space of not less than thirty (30) inches
in front. Light and ventilation conforming to this• code
shall be provided.
(4) The unit shall be provided with a separate bathroom
containing a water closet, lavatory, and bathtub or
shower.
(Ord. No. 20-79, § 1, 4-2-79)
Note—See editor's note, § 20-5.03.
Sec. 20-6. Structural requirements.
20-6.0. Compliance Required. No person shall occupy as owner,
occupant or let to another for occupany any dwelling or dwell-
ing 'unit, for the purposes of living, sleeping, cooking or eating
therein, which does not comply with the following require-
ments of this section. (Ord. No. 20-79, § 1, 4-2-79)
20-6.01. Type and Manner of Construction,.
(a) Generally. Buildings or structures may be of any type
of construction permitted by the building code, roofs, floors,
walls, foundations and all other structural components of
buildings shall be capable of resisting any and all forces and
loads to which they may be subjected. All structural elements
shall be proportioned and joined in accordance with the stress
limitations and design criteria as specified in the appropriate
sections of the building code. Buildings of every permitted
type of construction shall comply with the applicable require-
ments of the building code.
(b) Standard of shelter. Every building shall be weather -
protected so as to provide shelter for the occupants against
the elements and to exclude dampness.
(c) Protection of materials. All wood shall be protected
against termite damage and decay as provided in the build-
ing code.
(d) Basic security and safety requirements.
Supp. No. 5
1241
§ 20-6
DUBUQUE CODE § 20-7
(1) Handrails: Structurally sound handrails shall be pro-
vided on any steps containing four (4) risers or more.
Porches, patios and/or balconies located more than
three (3) feet higher than the adjacent area shall
have structurally sound protective guardrails or hand-
rails.
(2) Storage of drugs, household poisons: Each dwelling unit
shall have facilities for the safe storage of drugs and
household poisons.
(3) Locks: No person shall let to another for occupancy
any dwelling or dwelling unit unless all exterior doors
of the dwelling or dwelling unit are equipped with func-
tioning locking devices.
(Ord. No. 20-79, § 1, 4-2-79)
Coss reference—Walls to be capable of affording privacy for occu-
pants, § 2-5.05(j) (3).
Sec. 20-7. Mechanical requirements.
30-7.0. Compliance Required. No person shall occupy as own-
er, occupant or let to another for occupancy any dwelling or
dwelling unit, for the purpose of living therein, which does
not comply with the following requirements of this section.
(Ord. No. 20-79, § 1, 4-2-79)
20-7.01. Equipment Types, Installation.
(a) Heating. Every dwelling unit and guest room shall be
provided with heating facilities capable of maintaining a room
temperature of seventy (70) degrees Fahrenheit at a point
three (3) feet above the floor in all habitable rooms. Such
facilities shall be installed and maintained in a safe condi-
tion and in accordance with chapter 37 of the building code, the
mechanical code, and all other applicable laws. No unvented
fuel -burning heater shall be permitted. (See Section 20-5.04
(c).)
All heating devices shall be constructed, installed and oper-
ated in such a manner as to minimize accidental burns. All
heating devices or appliances shall be of an approved type.
Supp. No. 5
• 1242
§ 20-7 HOUSING § 20-7
(b) Electrical service. All electrical equipment, wiring, and
appliances shall be installed and maintained in a safe manner
in accordance with all applicable laws. All electrical equip-
ment shall be of an approved type. Where there is electrical
power available within three hundred (300) feet of the prem-
ises of any building, such building shall be connected to such
electrical power. Every habitable room shall contain at least
two (2) supplied electric convenience outlets or one (1) such
convenience outlet and one (1) supplied electric light fixture.
No duplex outlet shall serve more than two (2) fixtures or
appliances. Every water closet compartment, bathroom, laun-
dry room, furnace room, and public .hallway shall contain at
least one (1) supplied electric light fixture.
(1) All electric lights in bathrooms shall be controlled by
switches which are of such design as shall minimize the
danger of . electric shock, and such lights shall be in-
stalled and maintained in such condition as to minimize
the danger of electrical shock.
(2) An ample number of adequately sized and protected
circuits and outlets shall be supplied by the owner to
serve the appliances normally used by an occupant.
,Overcurrent protection shall be provided with properly
sized stype fuses or circuit breakers.
(3) Every dwelling unit with kitchen facilities provided
shall be supplied with two (2) 15 -ampere circuits,
one (1) of which supplies kitchen only. A minimum of
three (3) duplex outlets will be provided in kitchens.
(c) Ventilation. Ventilation for rooms and areas and for
fuel -burning appliances .shall be provided as required in the
mechanical code and in this code. Where mechanical venti-
lation is provided in lieu of the natural ventilation required
by section 20-5.04 of this code, such mechanical ventilating
system shall be maintained in operation during the occupancy
of any building or portion thereof. (Ord. No. 20-79, § 1,
4-2-79) 4-2-79)
Cross reference—Mechanical ventilation, § 20-5.04(c).
Supp. No. 5
1243
§ 20-7 DUBUQUE CODE § 20-8
20-7.02. Applicable Provisions of Code of Ordinances.
(a) Electrical service. All building electric service equip-
ment shall be installed and maintained in accordance with
chapter 13 of this Code of Ordinances.
(b) Heating, air conditioning, etc. All heating, ventilating,
air-conditioning and refrigeration shall be installed and main-
tained in accordance with chapter 19 of this Code of Ordi-
nances.
(c) Plumbing. All plumbing shall be installed and main-
tained in accordance with chapter 30 of this. Code of Ordi-
nances. (Ord. of 20-79, § 1, 4-2-79)
Sec. 20-8. Exit requirements.
20-8.0. Compliance Required. No person shall occupy as owner,
occupant or let to another for occupancy any dwelling or
dwelling unit, for the purpose of living, sleeping, cooking or
eating therein, which does not comply with the requirements
[of this section.] (Ord. No. 20-79, § 1, 4-2-79)
20-8.01. Accessibility, Number, etc.
(a) Generally. Every dwelling unit or guest room shall
have access directly to the outside or to a public corridor. All
buildings or portions thereof shall be provided with exits,
exitways, and appurtenances as required by chapter 33 of
the building code.
(b) Multiple dwellings', etc. Every dwelling unit in a multi-
ple dwelling, and every dwelling unit on the second floor of a
duplex dwelling shall have immediate access to two (2) or
more approved means of egress leading to safe and open space,
or as required by the laws of this state and the city. Access
to or egress from each dwelling unit shall be provided without
passing through any other dwelling unit. (Ord. No. 20-79, § 1,
4-2.79)
Cross references --Access from building to public street, § 20-5.01;
lighting of hallways, stairs and other exitways, §' 20-5.04(d); fire
escapes, § 20-5.05(j)(b);"provision of handrails on steps, § 20-6.01(d).
Supp. No. 5
1244
§ 20-8 HOUSING § 20-9
20-8.02. Sleeping Rooms. Every sleeping room below the
fourth story shall have at least one (1) operable window or
exterior door approved for emergency egress or rescue. The
units shall be operable from the inside to provide a full clear
opening without the use of separate tools. All egress or
rescue windows from sleeping rooms shall have a minimum
net clear opening of five and seven -tenths (5.7) square feet.
The minimum net clear opening height dimension shall be
twenty-four (24) inches. The minimum net clear opening
width dimension shall be twenty (20) inches. Where
windows are provided as a means of egress or rescue they
shall have a finished sill height not more than forty-four
(44) inches above the floor. (Ord. No. 20-79, § 1, 4-2-79)
Editor's note—For purposes of facilitating indexing and reference the
editor has designated as § 20-8.02 provisions of § 20-8.01 relative to
sleeping room exits, as enacted by Ord. No. 20-79, § 1, adopted April 2,
1979.
Cross references—Access from building to public street, § 20-5.01; exits
generally, § 20-8; fire escapes, § 20-5.05.(j)(6).
Sec. 20-9. Fire protection.
20-9.01. Construction and Maintenance of Buildings.
(a) Generally. All buildings or portions thereof shall be
provided with the degree of fire -resistive construction as
required by the building code, for the appropriate occupan-
cy, type of construction, and location on property or in fire
zone, and shall be provided with the appropriate fire -extin-
guishing system or equipment required by chapter 38 of the
building code.
(b) Applicable Provisions of Code of Ordinances. All
buildings and portions thereof shall be maintained in
accordance with chapter 14 of this Code of Ordinances.
(Ord. No. 20-79, § 1, 4-2-79)
20-9.02. Fire -Fighting Equipment. Approved fire extin-
guishers shall be provided on each floor of an apartment
building, so located that they will be accessible to the
occupants, and spaced so that no person will have to travel
more than seventy-five (75) feet from any point to reach the
nearest extinguisher. Additional extinguishers shall be
Supp. No. 6
1245
§ 20-9 DUBUQUE CODE
§ 20-10
installed in areas that constitute a special hazard as
determined by the city fire marshal. (Ord. No. 20-79, § 1,
4-2-79)
Editor's note—For purposes of classification the editor has designated
as § 20-9.02 provisions of § 20-9.01(c) relative to provision of fire -fighting
equipment, as enacted by Ord. No. 20-79, § 1, adopted April 2, 1979.
ARTICLE II. PROCEDURE FOR ABATEMENT OF
SUBSTANDARD BUILDINGS, DWELLING
UNITS, AND LOTS*
Sec. 20-10. Substandard buildings, dwelling units,
and lots defined.
20-10.01. Conditions Defining. Any building, structure, or
vacant lot, or portion thereof, including any dwelling unit,
lodging unit, rooming unit or suite of rooms, or the premises
on which the same is located, in which there exist any of the
following listed conditions to an extent that endangers the
life, limb, health, property, safety, or welfare of the public or
the occupants thereof shall be deemed and hereby is
declared to be a substandard building, structure, unit,
premises or lot:
(1) Inadequate sanitation: Inadequate sanitation shall
include, but not be limited to, the following:
(a) Lack of or improper water closet, lavatory,
bathtub or shower in a dwelling unit.
(b) Lack of or improper water closets, lavatories, and
bathtubs or showers per number of occupants in
all class B dwellings.
(c) Lack of or improper kitchen sink.
(d) Lack of hot and cold running water to plumbing
fixtures in all class B dwellings.
*Cross references—Repair, demolition and removal of unsafe buildings
generally, Ch. 10, Art. II; administration, enforcement of housing
regulations generally, § 20-2; substandard or unsafe buildings declared
nuisance, abatement authorized, § 20-2.02(e).
Supp. No. 6
1246
§ 20-10 HOUSING § 20-10
(e) Lack of hot and cold running water to plumbing
fixtures in a dwelling unit.
(f) Lack of adequate heating facilities.
(g) Lack or improper operation of required ventilating
equipment.
(h) Lack of minimum amounts of natural light and
ventilation required by this code.
(i) Room and space dimensions less than required
by this code.
(j) Lack of required electrical lighing and/or electrical
outlets.
(k) Dampness of habitable rooms.
(1) Infestation of insects, vermin or rodents as deter-
mined by the health officer.
(m) General dilapidation or improper maintenance.
(n) Lack of connection to required sewage disposal
system.
(o) Lack of adequate garbage and rubbish storage and
removal facilities as determined by the health offi-
cer.
(2) Structural hazards: Structural hazards shall include,
but not be limited to the following:
(a) Deteriorated or inadequate foundations.
(b) Defective or deteriorated flooring or floor supports.
(c) Flooring or floor supports of insufficient size to
carry imposed loads with safety.
(d) Members of walls, partitions, or other vertical sup-
ports that split, lean, list or buckle due to defective
material or deterioration.
(e) Members of walls, partitions, or other vertical sup-
ports that are of insufficient size to carry imposed
loads with safety.
Supp. No. 5
1247
§ 20-10 DUBUQUE CODE § 20-10
(f) Members of ceilings, roofs, ceiling and roof sup-
ports, or other horizontal members which sag, split
or buckle due to defective material or deterioration.
(g) Members of ceilings, roofs, ceiling and roof sup-
ports, or other horizontal members that are of suf-
ficient size to carry imposed loads with safety.
(h) Fireplaces or chimneys which list, bulge or settle
due to defective material or deterioration.
(i) Fireplaces or chimneys which are of insufficient
size: or strength to carry imposed loads with safety.
(3) Nuisance: Any nuisance as defined in this code.
(4) Hazardous wiring: All wiring except that which con-
formed with all applicable laws in effect at the time of
installation and which has been maintained in good
condition and is being used in a safe manner.
Hazardous plumbing: All plumbing except that which
conformed with all applicable laws in effect at the time
of installation and which has been maintained in good
condition and which is free of cross -connections and
siphonage between fixtures.
(6) Hazardous mechanical equipment: All mechanical equip-
ment, including vents, except that which conformed
with all applicable laws in effect at the time of instal-
lation and which has been maintained in good and safe
condition.
(5)
(7)
Faulty weather protection, which shall include, but not
be limited to, the following
(a) Deteriorated, crumbling, or loose plaster.
(b) Deteriorated or ineffective waterproofing of ex-
terior walls, roofs, foundations or floors, including
broken windows or doors.
(c) Defects in or lack of weather protection for ex-
terior wall coverings, including lack of paint, or
Supp. No. 5
1248
§ 2040• HOUSING § 20-19
weathering due to lack of paint or other approved
protective covering.
(d) Broken, rotted, split or buckled exterior wall cov-
erings or roof coverings.
(8) Fire hazard: Any building or portion thereof, device,
apparatus, equipment, combustible waste, or vegetation
which, in the opinion of the chief of the fire department
or his deputy, is in such a condition as to cause a fire
or explosion or provide a ready fuel to augment the
spread and intensity of fire or explosion arising from
any cause.
Faulty materials of construction: All materials of con-
struction except those which are specifically allowed or
approved by this code and the building code and which
have been adequately maintained in good and safe con-
dition.
(9)
(10) Hazardous or unsanitary premises: Those premises on
which an accumulation of weeds, vegetation, junk, dead
organic matter, debris, garbage, offal, rat harborage,
stagnant water, combustible materials, and similar ma-
terials or conditions constitutes a fire, health, or safety
hazards.
(11) Inadequate maintenance: Any building or portion there-
of which is determined to be an unsafe building in ac-
cordance with section 203 of the building code.
(12) Inadequate exits: All buildings or portions thereof not
provided with adequate exit facilities as required by
this code, except those buildings or portions thereof
whose exit facilities conformed with all applicable laws
at the time of their construction and which have: been
adequately maintained and increased in relation to
any increase in occupant load, alteration or addition, or
any change in occupancy. When an unsafe condition
exists through lack of or improper location of exits,
additional exits may be required to be installed.
Supp. No. 5
1249
§ 2040
DUBUQUE CODE » § 2041
(13) Inadequate fire protection or fire -fighting equipment:
All buildings or portions thereof which are not provided
with the fire -resistive construction or fire -extinguishing
systems or equipment required by this code, except
those buildings or portions thereof which conformed
with all applicable laws at the time of construction and
[for which] the fire -resistive integrity and fire -exting-
uishing systems or equipment have been adequately
maintained and improved in relation to any increase, in
occupant load, alteration or addition or any change in
. occupancy.
(14) Improper occupancy: All buildings or portions thereof
occupied for living, sleeping, cooking or dining pur-
poses which were not designed or intended to be used
for such occupancies. (Ord. No. 20-79, . § 1, 4-2-79)
Cross references—Substandard or unsafe buildings, structures, etc.,
20-2.02 generally, § 20-2:02; "unfit dwelling" defined, § 20-4.01.
Sec. 20-11. Notice and order of building official.
20-11.01. Initial Proceedings by Building Official.
(A) When commencement authorized. Whenever the build-
ing official has inspected or caused to be inspected any build-
ing, structure, dwelling unit, lodging unit, rooming unit,
premises or vacant lot and has found and determined that such
building, structure, dwelling unit, lodging unit, rooming unit,
premises or vacant lot is substandard, he shall commence pro-
ceedings to cause the repair, rehabilitation, vacation, or demoli-
tion of the building, structure, dwelling unit, lodging unit,
rooming unit, premises or vacant lot.
(B).. Notice and order. The building official shall issue a
notice and order directed to the record owner of the building,
premises or lot. The notice and order shall contain:
(1) The street address and a legal description sufficient
for identification of the premises upon which the build-
ing or lot is located.
(2) A statement that the building official has found the
building, structure, dwelling unit, lodging unit, room -
Supp. No. 5
1250
§ 20-11 HOUSING § 20-11
ing 'unit, premises or vacant lot to be substandard,
with a brief and concise description of the conditions
found to render the building, structure, dwelling unit,
lodging unit, rooming unit, premises or vacant lot dan-
gerous under the provisions of section 20-2.02 of this
code.
(3) A statement of the action required to be taken as de-
termined by the building official.
(a) If the building official has determined that the
building, structure, dwelling unit, lodging unit,
rooming unit, premises or vacant lot must be re-
paired, the order shall require that all required
permits be secured therefor and the work physically
commenced within ten (10) days from the date
of the order and completed within such time as the
building official shall determine is .reasonable under
all of the circumstances. (The work shall be deemed
physically commenced if any of the following cri-
teria are followed : the owner has contacted a con-
tractor, architect or designer for either an estimate
of work or a design to correct the deficiency, or
the owner has reasonably commenced the work or
given a contractor notice to proceed with the work
necessary to correct the deficiency.)
(b) If the building official has determined that the
building, structure, dwelling unit, lodging unit,
rooming unit, premises or vacant lot must be va-
cated, the order shall require that the building,
structure, dwelling unit, lodging unit, rooming unit,
premises or vacant lot shall be vacated within a
certain time from the date of the order as deter-
mined by the building official to be reasonable.
(c) If the building official has determined that the
building or structure must be demolished, the order
shall require that the building be vacated within
such time as the building official shall determine
Supp. No. 5
1251
§ 20-11
DUBUQUE CODE § 20-11
reasonable (not to exceed sixty (60), days from
the date of the order), that all required permits
shall be secured prior to commencing said demoli-
tion, and that the demolition be completed within
such time as the building official shall determine
is reasonable.
(4) A statement advising that if any required repair or
demolition work (without vacation also being required)
is not commenced within the time specified, the build-
ing official:
(a) Will order the building vacated and posted to pre-
vent further occupancy until the work is completed;
and
(b) May proceed to cause the work to be done and
charge the costs thereof against the property or its
owner.
(5) Statements advising that:
(a) Any person having any record title or legal in-
terest in the building, structure, dwelling unit,
lodging unit, rooming unit, premises or vacant
lot may appeal from the notice and order or any
action of the building official to the housing code
advisory and appeals board, provided the appeal is
made in writing as provided in this code and filed
with the building official within ten (10) days from
the date of service of such notice, order, or action ;
and
(b) Failure to appeal will constitute a waiver of all
rights to an administrative hearing and determina-
tion of the matter.
(C) Persons to receive service of notice and order. The
notice and order, and any amended or supplemental notice
and order, shall be served .upon the record owner, and posted
on the property ; and one (1) copy thereof shall be served
Supp. No. 5
1252
§ 2041 HOUSING § 20-11
on each of the following if known to the building official or
disclosed from official public records : the holder of any mort-
gage or deed of trust or other lien or encumbrance of record;
the owner or holder of any lease of . record ; and the holder
of any other estate or legal interest of record in or to the
building or the land on which it is located. The failure of the
building official to serve any person required herein to be.
served shall not invalidate any proceedings hereunder as to any
other person duly served or relieve any such person from any
duty or obligation imposed on him by the provisions of this
section.
(D) Method of service. Service of the notice and order shall
be made upon all persons entitled thereto either personally
or by mailing a copy of such notice and order by certified mail,
postage prepaid, return receipt requested, to each such person
at his address as it appears on the last equalized assessment
roll of the county or as known to the building official; then
a copy of the notice and order shall be so mailed, addressed
to such person, at the address of the building involved in the
proceedings. The failure of any such person to receive such.
notice shall not affect the validity of any proceedings taken
under this section. Service by certified mail in the manner
herein provided shall be effective on the date of mailing.
(E) Proof of service. Proof of service of the notice and
order shall be certified to at the time of service by a written
declaration under penalty of perjury executed by the person
effecting service, declaring the time, date and manner in
which service was made. The declaration, together with any
receipt card returned in acknowledgment of receipt by certified
mail, shall be affixed to the copy of the notice and order re-
tained by the building official. (Ord. No. 20-79, § 1, 4-2-79),
20-11.02. Recordation of Notice and Order Upon Noncom-
pliance and Failure to Appeal. If compliance is not had with
the order within the time specified therein and no appeal has
been properly and timely filed, the building official shall file
in the office of the county recorder a certificate describing
the property and certifying that:
Supp. No. 5
1253
§ 20-11 DUBUQUE CODE
(1) The building, .structure, dwelling unit, lodging unit,
rooming unit, premises or vacant lot is substandard;
and
(2) The owner has been so notified.
Whenever the corrections ordered shall thereafter have been
completed or the building demolished so that it no longer
exists as a substandard building on the property described
in the certificate, the building official shall file a new cer-
tificate with the county recorder certifying that the building
has been demolished or all required corrections have been
made so that the building, dwelling unit, lodging unit, room-
ing unit, premises or vacant lot is no longer substandard,
whichever is appropriate. (Ord. No. 20-79, § 1, 4-2-79)
20-11.03. Standards for Orders of Repair, Vacation and Demo-
lition. The following standards shall be followed by the build-
ing official (and by the housing code advisory and appeals,
board if an appeal is taken) in ordering the repair, vacation
or demolition of any substandard building, structure, dwelling
unit, lodging unit, rooming unit, premises or vacant lot :
(1) Any building declared a substandard building under
this chapter shall either be repaired in accordance with
the current building code or shall be demolished at the
option of the building owner.
(2) If the building, structure, dwelling unit, lodging unit,
rooming unit, premises or vacant lot is in such condition
as to make it immediately dangerous to the life, limb,
property or safety of the public or of the occupants, it
shall be ordered to be vacated.
(Ord. No. 20-79, § 1, 4-2-79)
20-11.04. Notice to Vacate.
(a) Posting. Every notice to vacate shall, in addition to
being served as provided in section 20-11.01 (c), be posted at
or upon each exit of the building, structure, dwelling unit, lodg-
ing unit or rooming unit and shall be in substantially the fol-
lowing form:
Supp. No. 5
1254
§ 20-11 HOUSING § 20-11
NOTICE TO VACATE
This has been declared to be sub-
standard to the extent that it endangers life, limb, health,
property, or welfare of the public or occupants. After
DO NOT 0CCUPY OR USE FOR
Building Official
City of Dubuque
(b) Compliance. Whenever such notice is posted, the build-
ing official shall include a notification thereof in the notice
and order issued by him ;under subsection (b) of section 20-
11.01, reciting the emergency and specifying the conditions
which necessitate the posting. No person shall remain in or
enter any building, structure, dwelling unit, lodging unit, or
rooming unit which has been so posted, except that entry may
be made to repair, demolish or remove such building, struc-
ture, dwelling unit, lodging unit or rooming unit under per-
mit. No person shall remove or deface any such notice after it
is posted until the required repairs, demolition or removal has
been completed and a certificate of occupancy issued pursuant
to the provisions of the building code. Any person violating
this subsection shall be guilty of a misdemeanor. (Ord. No.
20-79, § 1, 4-2-79)
20-11.05. Emergency Proceedings. Whenever, in the judgment
of the building official, an emergency exists which requires
immediate action to protect the public health, safety or welfare,
an order may be issued, without a hearing or appeal, directing
the owner, occupant, operator, or agent to take such action as
is appropriate to correct or abate the emergency. If circum-
stances warrant, the building official may act to correct or
abate the emergency. (Ord. No. 20-79, § 1, 4-2-79)
Editor's note—For purposes of facilitating indexing and reference
the editor has designated as § 20-11.05 provisions of § 20-11.04(c)
relative to emergency proceedings, as enacted by Ord. No. 20-79,
§ 1, adopted April 2, 1979.
Supp. No. 5
1255
§ 20.12
DUBUQUE CODE § 20-12
Sec. 20-12. Appeal from notice and order of building official.
20-12.01. Generally.
(a) Form of appeal. Any person entitled to service under
section 11.01 (c) may appeal from any notice and order or
any action of the building official under this code by filing at
the office of the building official a written appeal containing:
(1) A heading in the words `Before the Board of Appeals
of the City of
(2) A caption reading "Appeal of
giving the names of all appellants participating in the
appeal.
(3) A brief statement setting forth the legal interest of
each of the appellants in the building or the land in-
volved in the notice and order.
(4) A brief statement, in ordinary and concise language,
of that specific order or action protested, together with
any material facts claimed to support the contentions of
the appellant.
(5) A brief statement, in ordinary and concise language,
of the relief sought and the reasons why it is claimed
the protested order or action should be reversed, modi-
fied or otherwise set aside.
(6) The signatures of all parties named as appellants and
their official mailing addresses.
(7) The verification (by declaration under penalty of
perjury) of at least one (1) appeallant as to the truth
of the matters. stated in the appeal. The appeal shall
be filed within ten (10) days from the date of the
service of such order or action of the building official;
provided, however, that if the building or structure is
in such condition asto make it immediately dangerous
to the life, limb, property or safety of the public or
adjacent property and is ordered vacated and is posted
in accordance with section 2041.04, such appeal shall
Supp. No. 5
1256
§ 20-12 HOUSING § 20-13
be filed within ten (10) days from the date of the .serv-
ice of the notice and order of the building official.
(b) Processing of appeal. Upon receipt of any appeal filed
pursuant to this section, the building official shall present
it at the next regular or special meeting of the board of ap-
peals.
(c) Scheduling and noticing appeal for hearing. As soon
as practicable after receiving the written appeal, the housing
advisory and appeals board shall fix a date, time and place
for the hearing of the appeal by the board. Suchdate shall
be not less than ten (10) days nor more than fifty (50) days
from the date the appeal was filed with the building official.
Written notice of the time and place of the hearing shall be.
given at least ten (10) days prior to the date of the hearing
to each appellant by the secretary of the board, either by
causing a copy of such notice to be delivered to the appellant
personally or by mailing a copy thereof, postage prepaid, ad-
dressed to the appellant at his address shown on the appeal.
(Ord. No. 2079, § 1, 4-2-79)
20-12.02. Effect of Failure to Appeal. Failure of any person
to file an appeal in accordance with the provisions of sections
20-11.01 and 20-12.01 shall constitute a waiver of his right to
an administrative hearing and adjudication of the notice and
order, or to any portion thereof. (Ord. No. 2079, § 1, 4-2.-79)
20-12.03. Scope of Hearing on Appeal. Only those matters or
issues specifically raised by the appellant shall be considered
in the hearing of the appeal. (Ord. No. 20-79, § 1, 4-2-79)
20-12.04. Staying of Order Under Appeal. Except for vacation
orders made pursuant to section 20-11.02, enforcement of any
notice and order of the building official issued under this code
shall be stayed during the pendency of an appeal therefrom
which is properly and timely filed. (Ord. No. 20-79, § 1, 4-2-79)
Sec. 20-13. Conduct of hearings on appeals.
20-13.01. Generally.
(a) Hearing examiners. The board may appoint one (1) or
more hearing examiners or designate one (1) or more of its
Supp. No. 5
1257
20-13
DUBUQUE CODE § 20-13
members to serve as hearing examiners to conduct the hear-
ings. The examiner hearing the case shall exercise all powers
relating to the conduct of hearings until it is submitted by him
to the board for decision.
(b) Record. A record of the entire proceedings shall be made
by tape recording or by any other means of permanent record-
ing determined to be appropriate by the board.
(c) Reporting. The proceedings at the hearing shall also
be reported by a phonographic reporter if requested by any
party thereto. A transcipt of the proceedings shall be made
available to all parties upon request and upon payment of the
fee prescribed therefor. Such fees may be established by the
board, but shall in no event be greater than the cost involved,
(d) Continuances. The board may grant continuances for
good cause shown ; however, when a hearing examiner has
been assigned to such hearing, no continuances may be granted
except by him for good cause shown so long as the matter
remains before him.
(e) Administering oaths; certification of official acts. In
any proceedings under this chapter, the board, any board
member, or the hearing examiner has the power to administer
oaths and affirmations and to certify to official acts.
(f) Reasonable dispatch. The board and its representatives
shall proceed with reasonable dispatch to conclude any matter
before it. Due regard shall be shown for the convenience and
necessity of any parties or their representatives. (Ord. No.
20-79, § 1, 4-2-79)
20-13.02. Form of Notice of Hearing. The notice to appellant
shall be substantially in the following form, but may include
other information:
"Youare hereby notified that a hearing will be held
before (the board or name of hearing examiner) at
on the day of , 19
at the hour _____ , upon the notice and order served
upon you. You may be present at the hearing. You may be,
Supp. No. 5
1258
§ -2013 HOUSING §
but need not be, represented by counsel. You may present
any relevant . evidence and will be given full opportunity
to cross-examine all witnesses testifying against. you. You,
may request the issuance of subpoenas to compel the at-
tendance of witnessesand the production of books, docu-
ments or, other things by filingan affidavit therefor with
(board or name of hearing examiner)."
(Ord. No. 20-79, § 1, 4-2-79)
20-13.03. Subpoenas.
(a) Filing of affidavit; issuance. The board or examiner
may obtain the issuance and service of a subpoena for the
attendance of witnesses or the production of other evidence at
a hearing upon the request of a member of the board or upon
the written demand of any party. The issuance and service of
such subpoena shall be obtained upon the filing of an affidavit
therefor which states the name and address of the proposed
witness ; specifies the exact things sought to be produced
and the materiality thereof, in detail, to the issues involved;
and states that the witnesses has the desired things in his
possession or under his control. A subpoena need not be issued
when the affidavit is defective in any particular.
(b) Cases referred to examiner. In cases where a hearing is
referred to an examiner, all subpoenas shall be obtained
through the examiner.
(c) Penalties for noncompliance. Any person who refuses,
without lawful excuse, to attend any hearing or to produce
material evidence in his possession or under his control, as
required by any subpoena served upon such person as provided
for herein, shall be guilty of a misdemeanor. (Ord. No. 20-79,
§ 1, 4-2-79)
20-13.0.4. Presentation of Evidence.
(a) Technical rules. Hearings need not be conducted accord-
ing to the technical rules relating to evidence and witnesses.
(b) Oral evidence. 'Oral evidence shall be taken only on
oath or affirmation.
Supp. No. 5
1259
§ 20-13 DUBUQUE CODE § 20-13
(c). Hearsay evidence. Hearsay evidence may be used for
the purpose of supplementing or explaining any direct evi-
dence, but shall not be sufficient in itself to support a finding
unless it would be admissible over objection in civil actions
in courts of competent jurisdiction in the state.
(d) Admissibility of evidence. Any relevant evidence shall
be admitted if it is the type of evidence on which responsible
persons are accustomed to rely in the conduct of seriousaffairs,
regardless of the existence of any common-law or statutory
rule which might make improper the admission of such evi-
dence over objection in civil actions in courts of competent
jurisdiction in the state.
(e) Exclusion of evidence. Irrelevant and unduly repetitious.
evidence shall be excluded.
(f) Rights of parties. Each party shall have these rights,
among others:
(1) ; To call and examine witnesses on any matter relevant
to the issues of the hearing;
(2) To introduce documentary and physical evidence;
"(3) To cross-examine opposing witnesses on any matter
relevant to the issues of the hearing;
(4) To impeach any witness regardless of which party
first called him to testify ;
(5) To rebut the evidence against him;
(6) To represent himself or to be represented byanyone
of his choice who is.. lawfully permitted to do so.
(g) Official notice.
(1) What may be noticed: In reaching a decision, official
notice may be taken, either .before or after submis-
sion of the case for decision, of any fact which may be
judicially noticed by the courts of this state or of
official records of the board of departments [of they
city,] and [of] ordinances of the city or rules and regu-
lations of the board.
Supp. No. 5
1260
§ 20-13 HOUSING § 20-13
(2) Parties to be notified: Parties present at the hearing
shall be informed of the matters to be noticed, and these
matters shall be noted in the record, referred to there-
in, or appended thereto.
(3) Opportunity to refute: Parties present at the hearing
shall be given a reasonable opportunity, on request, to
refute the officially noticed matters by evidence or
by written or oral presentation of authority, the manner
of such refutation to be determined by the board or
hearing examiner.
(4) Inspection of the premises. The board or the hearing
examiner may inspect any building or premises in-
volved in the appeal during the course of the hearing,
provided that:
(a) Notice of such inspection shall be given to the
parties before the inspection is made;
(b) The parties are given an opportunity to be present
during the inspection; and
(c) The board or the hearing examiner shall state for
the record, upon completion of the inspection, the
material facts observed and the conclusions drawn
therefrom. Each party then shall have a right
to rebut or explain the matters so stated by the
board or hearing examiners.
(Ord. No. 20-79, § 1, 4-2-79)
20-13.05. Method and Form of Decision.
(a) Hearing before board itself. Where a contested case
is heard before the board itself, no member thereof who did
not .hear the evidence or has not read the entire record of
the proceedings shall vote on or take part in the decision.
(b) Hearingbefore examiner. If a contested case is heard
by a hearing examiner alone, he shall within a reasonable
time (not to exceed ninety (90) days from the date the hear-
ing is closed) submit a written report to the board. Such
report shall contain a brief summary of the evidence con-
Supp. No. 5
1261
§ 20=13 DUBUQUE "CODE § 2043
sidered and state the examiner's findings, conclusions: and
recommendations. The report also shall contain a proposed
decision in such form that it may be adopted by the board
as its decision in the case. All examiners' reports filed with
the board shall be matters of public record. A copy of each
such report and proposed decision shall be mailed to each party
on the date they are filed with the board.
(c) Consideration of examiner's report by board; notice to
interested parties. The board shall fix a time, date and place
to consider the examiner's report and proposed decision.
Notice thereof shall be mailed to each interested party not
less than five (5) days prior to the date fixed unless it is
otherwise stipulated by all of the parties.
(d) Exceptions to examiner's report. Not later than two
(2) days before the date set to consider the report, any party
may file written exceptions to any part or all of the examiner's
report and may attach thereto a proposed decision together
with written argument in support of such decision. By leave
of the board, any party may present oral argument to the
board.
(e) Disposition by the board. The board may adopt or
reject the proposed decision in its entirety or may modify
the proposed decision.
(f) Rejection of proposed decision. If the proposed decision
is not adopted as provided in subsection (e), the board may
decide the case upon the entire record before it, with or with-
out taking additional evidence, or may refer the case to the
same or another hearing examiner to take additional evidence.
If the case is reassigned to a hearing examiner, he shall pre-
pare a report and proposed decision as provided in subsection
(b) hereof after any additional evidence is submitted. Con-
sideration of such proposed decision by the board shall comply
with the provisions of this section.
(g) Form of decision; delivery to appellant. The decision
shall be in writing and shall contain findings of fact, a de-
Supp. No. 5
1262
§ 2043 HOUSING §;20-14
termination of the issues presented, and the requirements to
be complied with. A copy of the decision shall be delivered
to the appellant personally or sent to him by certified mail,
postage prepaid, return receipt requested.
(h) Effective date of decision. The effective date of the
decision shall be as stated therein. (Ord. No. 20-79, § 1,
4-2-79)
Sec. 20-14. Enforcement of order of building official board of
appeals.
20-14.01. Compliance Generally.
(a) Noncompliance declared misdemeanor. After any order
of the building official or the housing advisory and appeals
board made pursuant to this code shall have become final, no
person to whom any such order is directed shall fail, neglect
or refuse to obey any such order. Any such person who fails to
comply with any such order is guilty of a misdemeanor.
(b) Authority of building official generally. If, after any
order of the building official or housing advisory and appeals
board made pursuant to this code has, become final, the per-
son to whom such order is directed shall fail, neglect or refuse
to obey such order, the building official may:
(1) 'Cause such person to be prosecuted under subsection
(a) of this section; or
(2) Institute any appropriate action to abate such building
as a public nuisance.
(c) Orders to vacate premises upon failure to commence
work. Whenever the required repair or demolition is not
commenced within thirty (30) days after any final notice and
order issued under this code becomes effective, the building
official shall cause the building described in such notice and
order to be vacated by posting at each entrance thereto a
notice reading:
Supp. No. 5
1263
§ 20-14 DUBUQUE CODE § 20-14
NOTICE TO VACATE.
This has been declared to be sub-
standard to the extent that it endangers life, limb, health,
property, or welfare of the .public or occupants.. After
DO NOT OCCUPY OR USE FOR
------------------------ ----
Building Official
City of Dubuque
No person shall occupy any building which has been posted as
specified in this subsection. No person shall remove or deface
any such notice so posted until the repairs, demolition, or
removal ordered by the building official have been completed
and a certificate of occupancy issued pursuant to the provi-
sions of the building code.
(d) Repair or demolition and sale by city. The building
official may, in addition to any remedy herein provided, cause
the building to be repaired to the extent necessary to correct
the conditions which render the building, dwelling unit or lot
substandard as set forth in the notice and order, or, if the
notice and order required demolition, to cause the building
to be sold and demolished, or to be demolished, and the ma-
terials, rubble and debris therefrom removed and the lot
cleaned. Any such repair or demolition work shall be accom-
plished and the cost thereof paid and recovered in the manner
hereinafter provided in this code. Any surplus realized from
the sale of any such building, or from the demolition thereof,
over and above the cost of demolition and of cleaning the lot
shall be paid over to the person or persons lawfully entitled
thereto. (Ord. No. 20-79, § .1, 4-2-79).
Cross reference—Performance by city of work of repair or demolition,
recovery of cost, etc., §§ 20-15, 20-16.
20-14.02. Extension of Time to Perform Work. Upon receipt
of an application from the person required to conform to the
order and an agreement by such person that he will comply
with the order if allowed additional time, the building official
may, in his discretion, grant a reasonable extension of time
Supp. No. 5
1264
§ 20-14 HOUSING § 2045
within which to complete said repair, rehabilitation or demo-
lition if the building official determines that such an exten-
sion of time will not create or perpetuate a situation immi-
nently dangerous to life or property. The building official's
authority to extend time is limited to the physical repair, reha-
bilitation or demolition of the premises and will not in any
way affect orextend the time to appeal his notice and order.
(Ord. No. 20-79, § 1, 4-2-79)
20-14.03. Interference with Repair or Demolition Work Pro-
hibited. No person shall obstruct, impede or interfere with
any officer, employee, contractor or authorized representa-
tive of the city or with any person who owns or holds any
estate or interest in any building which has been ordered
repaired, vacated or demolished under the provisions of this
code, or with any person to whom such building has been law-
fully sold pursuant to the provisions of this code, whenever
such officer, employee, contractor or authorized representa-
tive of the city, person having an interest or estate in such
building or structure, or purchaser is engaged in the work of
repairing, vacating and repairing, or demolishing any such
building pursuant to the provisions of this code, or in per-
forming any necessary act preliminary to or incidental to such
work or authorized or directed pursuant to this code. (Ord.
No. 20-79, § 1, 4-2-79)
Sec. 20-15. Performance by city of work of repair or demoli-
tion.*
20-15.01. Procedure and Costs.
(a) Procedure. When any work or repair or demolition is
to be done pursuant to section 20-14.01 (d) of this code, the
building official shall cause the work to be accomplished by
city personnel or by private contract under the direction of
the building official. Plans and specifications therefor may be
prepared by the building official, or he may employ such
*Cross reference—Authority of building official to cause repair, demo-
lition, etc., by city, § 20-14.01(d).
Supp. No. 5
1265
§_'2045 DUBUQUE CODE § 2046
architectural and engineering assistance on contract basis
as he may deem reasonably necessary.
(b) Costs. The costs of .such work shall be paid from the
repair and demolition account out of the general fund or may
be made a personal obligation of the property owner, which-
ever the city council shall determine is appropriate. (Ord.
No. 20-79, § 1, 4-2-79)
20-15:02, Repair and Demolition Fund.
(a) Establishment; payments from. The city council shall
budget a special account to be designated as the "repair and
demolition account." Payments shall be made out of said ac-
count upon the demand of the building official to defray the
costs and expenses which may be incurred by the city in doing
or causing to be done the necessary work of repair or demo-
lition of dangerous buildings.
(b) Maintenance. All funds collected under the proceedings
hereinafter provided for shall be paid to the city treasurer,
who shall credit the same to the general fund line item account
for refunds of building repair and demolition [costs and
expenses]. (Ord. No. 20-79, § 1, 4-2-79)
Cross reference -Similar provisions for maintenance of fund, § 20-16.12.
Sec. 20-16. Recovery by city of cost of repair or demolition.
20-16.01. Account of Expense; Filing of Report, Contents. The
building official shall keep an itemized account of the ex-
pense incurred by the city in the repair or demolition of any
building done pursuant to the provisions of section 2044.01
(d) of this code. Upon the completion of the work of repair or
demolition, said building official shall prepare and file with
the city clerk a report specifying the work done, the itemized
and total cost of the work, a description of the real property
upon which the building or structure is or was located, and
the names and addresses of the persons entitled to notice pur-
suant to subsection (c), of section 20-11:01... (Ord. No. 20-79,
§ 1, 4-2-79)
Supp. No. 5
1266
§ .. 20-16 HOUSING § 20-16
20-16.02. Report Transmitted to Council Set for Hearing.
Upon receipt of said report, the city clerk shall present it
to the council for consideration. The city council shall fix a
time, date and place for hearing said report, and any protests
or objections thereto. The city clerk shall cause notice of said
hearing to be posted upon the property involved, published
once in a newspaper of general circulation in the city, and
served by certified mail, postage prepaid, addressed to the
owner of the property as his name and address appear on the
last equalized assessment roll of the county, if such so appear,
or as known to the clerk. Such notice shall be given at least
ten (10) days prior to the date set for hearing and shall specify
the day, hour and place when the council will hear and pass
upon the building official's report, together with any objec-
tions or protests which may be filed as hereinafter provided
by any person interested in or affected by the proposed charge.
(Ord. No. 20-79, § 1, 4-2-79)
20-16.03. Filing Protests and Objections; Presentation to
Council for Hearing. Any person interested in or affected by
the proposed charge may file written protests or objections
with the city clerk at any time prior to the time set for the
hearing on the report of the building official. Each such pro-
test or objection must contain a description of the property
in which the signer thereof is interested and the grounds
of such protest or objection. The city clerk shall endorse.
on every such protest or objection the date it was received
by him. He shall present such protests or objections to the
city council at the time set for the hearing, and no other
protests or objections shall be considered. (Ord. No. 20-79,
§ 1, 4-2-79)
20-16.04. Hearing of Protests Before Council. Upon the day
and hour fixed for the hearing the city council shall hear
and pass upon the report of the building official together
with any such objections or protests. The council may make
such revision, correction or modification in the report or
the charge as it may deem just, and, when the council is
satisfied with the correctness of the charge, the report (as
submitted or as revised, corrected or modified) together with
Supp. No. 5
1267
§ 20-16
DUBUQUE CODE § 20-16
the charge shall be confirmed or rejected. The decision of the
city council on the report and the charge, and on all protests
or objections, shall be final and conclusive. (Ord. No. 20-79, § 1,
4-2-79)
20-16.05. Nature of Charge as Debt to City.
(a) Council to determine. The city council may thereupon
order that said charge shall be made a personal obligation of
the property owner or assess said charges against the property
involved.
(b) Personal obligation of property owner. If the city coun-
cil orders that the charge shall be a personal obligation of the
property owner, it shall direct the city attorney to collect the
same on behalf of the city by use of all appropriate legal
remedies.
(c) Assessment against the property. If the city council
orders that the charge shall be assessed against the property,.
it shall confirm the assessment [and] cause the same to be
recorded on the assessment roll, and thereafter said assessment
shall constitute an assessment and a lien upon the property.
(Ord. No. 20-79, § 1, 4-2-79)
20-16.06. Contesting Validity of Assessment. The validity of
any assessment made under the provisions of this chapter
shall not be contested in any action or proceeding unless the
same is commenced within thirty (30) days after the assess-
ment is placed upon the assessment rolls as provided herein.
Any appeal from final judgment in such action or proceeding
must be perfected within thirty (30) days after the entry of
such judgment. (Ord. No. 20-79, § 1, 4-2-79)
20-16.07. Installment Payment of Assessments. The city
council, in its discretion, may determine that assessments in
amounts of five hundred dollars ($500.00) or more shall be
payable in not to exceed five (5) equal annual installments.
The council's determination to allow payment of such assess-
ments in installments, the number of installments, whether
they shall bear interest, 'and the rate thereof, shall be by a
Supp. No. 5
1268
§ 20-16 HOUSING § 20-16
resolution adopted prior to the confirmation of the assess-
ment. (Ord. No. 20-79, § 1, 4-2-79)
20-16,08. Lien of Assessment. Immediately upon its being
placed on the assessment roll the assessment shall be deemed
to be complete, the several amounts assessed shall be payable,
and the assessments shall be liens against the lots or parcels
of land assessed, respectively. The lien shall be subordinate
to all existing special assessment, liens previously imposed
upon the same property and shall be paramount to all other
liens except, for state, county and municipal taxes, with
which it shall be upon a parity. The lien shall continue until
the assessment and all interest due [thereon are paid] and shall
bear interest at the rate of seven (7) per cent per annum from
and after said date. (Ord. No. 20-79, § 1, 4-2-79)
20-16.09. Certification of Assessment to Assessor and Tax
Collector; Addition of Assessments to Tax Bill. After con-
firmation of the report, certified copies of the assessment
shall be given to the city assessor and the city tax collector,
who shall add the amount of the assessment to the next regu-
lar tax bill levied against the parcel for municipal purposes.
(Ord. No. 20-79, § 1, 4-2-79)
20-16.10. Filing Copy of Assessment with County Auditor. If
the county assessor and the county tax collector assess prop-
erty and collect taxes for the city, a certified copy of the
assessment shall be filed with the county auditor on or before
August tenth. The descriptions of the parcels reported shall
be those used for the same parcels on the county assessor's map
books, for the current year. (Ord. No. 20-79, § 1, 4-2-79)
20-16.11. Manner of Collecting Assessment; Delinquency in
Payment. The amount of the assessment shall be collected at
the same time and in the same manner as ordinary municipal
taxes are collected, and shall be subject to the same penalties
and procedure for sale in case of delinquency as provided
for ordinary municipal taxes. All laws applicable to the levy,
collection and enforcement of municpial taxes shall be applica-
ble to such assessment. If the city council has determined
that the assessmentshall be paid in installments, each install -
Supp. No. 5
1269
20-16 DUBUQUE CODE § 20-16
went and any interest thereon shall be collected in the same
manner as ordinary municipal taxes in successive years. If any
installment is delinquent, the amount thereof is subject to the
same penalties and procedure for sale as provided for ordinary,
municipal taxes. (Ord. No. 20-79, § 1, 4-2-79)
20-16.12. Repayment of Repair and Demolition Fund. All
money recovered by payment of the charge or assessment or
from the sale of the property at foreclosure sale shall be paid
to the city treasurer, who shall credit the same to the general
fund line item account for refunds for building repair and
demolition. (Ord. No. 2049, § 1, 4-2-79)
Cross reference—Similar provisions for maintenance of fund, § 20-
15.02.
Supp. No. 5
1270
[The next page is 1283]
§ 25-162 MOTOR VEHICLES AND TRAFFIC § 25-163
Sec. 25-162. Heavy vehicles prohibited on certain
streets; exemption.
(a) When signs are erected giving notice thereof, no
person shall operate a vehicle of five (5) tons' gross weight,
or over, on those streets or portion thereof designated from
time to time, except those vehicles actually engaged in
making deliveries to or servicing such streets and the
businesses, residences or other establishments actually
abutting on such streets.
(b) When signs are erected giving notice thereof, no
person shall operate a vehicle of five (5) tons' gross weight,
or over, on the following streets or portions thereof:
Bies Drive, from Century Drive to Pennsylvania Avenue.
(Ord. No. 46-79, § 1, 7-16-79)
Grandview Avenue, from Mt. Carmel to Kane Street.
Kelly Lane, from Fremont Avenue to its easterly terminus.
(c) Intracity buses are exempted from the provisions
hereof.
(Ord. No. 33-49, § 15.19, 9-6-49; Ord. No. 53-59, § 1, 10-5-59;
Ord. No. 53-77, § 1, 7-18-77; Ord. No. 46-79, § 1, 7-16-79)
Editor's note—The street schedule set forth in § 25-162(b) is derived
from Ord. No. 53-77, § 1, adopted July 18, 1977, as amended from time to
time. Subsequent ordinances amending said street schedule by adding or
revising the provisions thereof are indicated in the history note following
the provision added or revised. A complete history note for § 25-209 appears
at the end of the section.
Sec. 25-163. Operation of vehicles with caterpillar
wheels or heavy lugs restricted.
Tractors or other machinery moving on caterpillar wheels
or having heavy lugs shall not be permitted to be moved
over any of the streets without first securing a route from
the city manager, and it shall be unlawful to move such
vehicle over any street other than shown in such routing
instructions. (Ord. No. 33-49, § 15.20, 9-6-49)
Statelaw reference—Authority, I.C.A. § 321.443.
Supp. No. 6
1573
v
§ 25-164 DUBUQUE CODE § 25-167
/Sec. 25-164. Driving through processions.
Vehicles shall not be driven through a parade or
procession without permission of a police officer. (Ord. No.
33-49, § 15.21, 9-6-49)
Sec. 25-165. Funeral processions.
Any authorized funeral procession, proceeding in accord-
ance with the rules established by the city manager, having
lawfully entered an intersection provided with traffic signs
or signals, may continue without stopping until the whole
procession has cleared the intersection, unless otherwise
directed by a police officer. (Ord. No. 33-49, § 15.23.1,
9-6-49; Ord. No. 23-58, § 1, 6-2-58)
Sec. 25-166. Moving vehicle into prohibited area.
No person shall move a vehicle not owned by such person
into any prohibited area or away from a curb such distance
as is unlawful. (Ord. No. 33-49, § 16.10, 9-6-49)
Sec. 25-167. Privileges of authorized emergency ve-
hicles.
The driver of an authorized emergency vehicle, when
responding to an emergency call or when in pursuit of an
actual or suspected violator of the law may exercise' the
privileges set forth in this section, but subject to the
conditions herein stated:
(a) The driver of an authorized emergency vehicle may:
(1) Park or stand, irrespective of the provisions of this
Code;
(2) Proceed past a red or stop signal or stop sign, but
only after slowing down as may be necessary for
safe operation;
(3) Exceed the prima facie speed limits so long as he
does not endanger life or property.
(4) Disregard regulations governing directions of
movement or turning in specified directions.
Supp. No. 6
1574
§ 25-167 MOTOR VEHICLES AND TRAFFIC § 25-167
(b) The exemptions herein granted shall apply only when
the driver of any such emergency vehicle while in
motion sounds an audible signal by bell, siren or
exhaust whistle as may be reasonably necessary, and
when the vehicle is equipped with at least one (1)
lighted lamp displaying a red light visible under
normal atmospheric conditions from a distance of five
hundred (500) feet to the front of such vehicle, except
that an authorized emergency vehicle operated as a
police vehicle need not be equipped with or display a
red light visible from in front of the vehicle. Also such
exemptions shall apply only when the driver has
reasonable grounds to believe that an emergency in
fact does exist requiring the exercise of such
privileges.
(c) The foregoing provisions shall not relieve the driver of
an authorized emergency vehicle from the duty to
drive with due regard for the safety of all persons, nor
shall such provisions protect the driver from the con-
sequences of his reckless disregard for the safety of
Supp. No. 6
1574.1
25-161 MOTOR VEI ICLESI<AND_TRAF'FIC § 25-169
others. (Ord. No. 33-4,9, §§ 4.3, 4.4, 8.7, 9,.6-49; Ord.
No. 9-74, § 14, 2'-4-74)
Cross references—Fire department, Ch. 14, Art. II; ambulances, Ch. 18,
Art. II; police, Ch. 31.
State law reference -For similar provisions, see I.C.A. §§ 321.239-232,
321.296; 321.433.
Sec. 25-168. Reckless driving.
Any person who drives any vehicle in such manner as to
indicate either a willful or a wanton disregard for the safety
of persons or property is guilty of reckless driving. (Ord. No.
3349, § 9.1, 9-6-49)
State law reference—Similar provisions, I.C.A. § 321.277.
Sec. 25-169. Driving on right-hand side of roadway; excep-
tions.
(a) A vehicle shall be driven upon the right half of the
roadway upon all roadways of sufficient width, except as fol-
lows
(1) When overtaking and passing another vehicle proceed-
ing in the same direction under the rules governing such
movement.
(2) When an obstruction exists making it necessary to drive
to the left of the center of the roadway, provided, any
person so doing shall yield the right-of-way to all ve-
hicles traveling in the proper direction upon the unob-
structed portion of the roadway within such distance
as to constitute an immediate hazard.
(3) Upon a roadway divided into three (3) marked lanes for
traffic under the rules applicable thereon.
(4) Upon a roadway restricted to one-way traffic.
(b) Any vehicle proceeding at less than the normal speed of
traffic at the time and place and under the conditions then
existing shall be driven in the right-hand lane then available
for traffic upon all roadways, or as close as practicable to the
right-hand curb or edge of the roadway, except when over-
taking and passing another vehicle proceeding in the same
1575
§ 25-169 DUBUQUE CODE § 25-172,
direction or when preparing for a left turn at an intersection,
an alley, private road or driveway.
(c) A vehicle shall not be driven upon any roadway having
four (4) or more lanes for moving traffic and providing for
two-way movement of traffic, to the left of the center line of
the roadway, except when authorized by official traffic -control
devices designating certain lanes to the left side of the center
of the roadway for use by traffic not otherwise permitted to
use such lanes, or except as permitted under subparagraph
(a) (2) of this section. This paragraph shall not be construed
as prohibiting the crossing of the center line in making a lieft
turn into or from an alley, private road or driveway. (Ord. No.
33-49, § 9.3, 9-6-49 ; Ord. No. 9-53, § 1, 5-12-53)
State law reference—Similar provisions, I.C.A. § 321.297.
Sec. 25-170. Meeting and turning to right.
Except as otherwise provided in section 25-169, vehicles or
persons on horseback meeting each other on any roadway,
shall yield one-half (1/2) of the roadway by turning to the
right. (Ord. No. 33-49, § 9.4, 9-6-49)`
State law reference—Similar provisions, I.C.A. § 321.298. -
Sec. 25-171. Drag racing prohibited.
No person shall engage in any motor vehicle speed contest
or exhibition of speed on any street or highway of this state
and no person shall aid or abet any motor vehicle speed contest
or speed exhibition on any street or highway of this state,
except that a passenger shall not be considered as aiding or
abetting. "Motor vehicle speed contest or exhibition of speed"
is defined as one or more persons competing in speed in excess
of the applicable speed Iimit in vehicles on the public streets
or highways. (Ord. No. 33-49, § 9.5, 9-6-49; Ord. No. 39-68,
§ 1, 6-3-68)
State law reference—Similar provisions, I.C.A. § 321.278.
Sec. 25-172. Motor carrier routes.
Motor carriers shall travel over marked highways when
operated within the city 14mits and shall not depart therefrom
1576
§ 25-185 MOTOR VEHICLES AND TRAFFIC § 25-187.1
is lowered or when a human flagman gives or continues to
give a signal of the approach or passage of a train. (Ord.
No. 33-49, § 13.1, 9-6-49)
State law reference—Similar provisions, I.C.A. § 321.341.
Sec. 25-186. Certain vehicles must stop at railroad
crossings.
(a) The driver of any motor vehicle carrying passengers
for hire, or any school bus carrying any schoolchild, or of
any vehicle carrying explosive substances or flammable
liquids as a cargo or part of a cargo, before crossing at
grade any track or tracks of a railroad, shall stop such
vehicle within fifty (50) feet but not less than ten (10) feet
from the nearest rail of such railroad and while so stopped
shall listen and look in both directions along such track for
any approaching train and for signals indicating the
approach of a train except as hereinafter provided, and
shall not proceed until he can do so safely.
(b) No stop need be made at any such crossing where a
police officer or traffic -control signal directs traffic to
proceed. (Ord. No. 33-49, § 13.3, 9-6-49)
State law reference—Similar provisions, I.C.A., § 321.343.
Sec. 25-187. Manner of stopping busses.
Busses shall draw up to the curb at the near side of the
street intersections when loading or unloading passengers
excepting at intersections where spaces are otherwise
designated. (Ord. No. 33-49, § 13.2, 9-6-49)
Sec. 25-187.1. School busses discharging pupils.
(a) Manner of stopping bus; duties of bus drivers. The
driver of any school bus used to transport children to and
from a public or private school shall, when stopping to
receive or discharge pupils on the streets designated by
subsection (c) of this section, turn on flashing warning
lamps at a distance of not less than three hundred (300) feet
nor more than five hundred (500) feet from the point where
said pupils are to be received or discharged from the bus. At
Supp. No. 6
1583
§ 25-187.1
DUBUQUE CODE § 25-187.1
the point of receiving or discharging pupils, the driver of the
bus shall bring the bus to a stop, turn off the amber flashing
warning lamps, turn on the red flashing warning lamps,
and extend the stop arm. After receiving or discharging
pupils, the bus driver shall turn off all flashing warning
lamps, retract the stop arm, and proceed on the route. No
school bus shall stop to unload or load pupils unless there is
at least three hundred (300) feet of clear vision in each
direction.
(b) Vehicles meeting or overtaking; duties of vehicle
drivers.
(1) The driver of any vehicle when meeting a school bus
on which the amber warning lamps are flashing shall
reduce the speed of said vehicle to not more than
twenty (20) miles per hour, and shall bring said
vehicle to a complete stop when the school bus stops
and the stop signal arm is extended; and said vehicle
shall remain stopped until the stop arm is retracted,
after which the driver of said vehicle may proceed
with due caution.
(2) The driver of any vehicle overtaking a school bus
shall not pass a school bus when red or amber
flashing lights are flashing and shall bring said
vehicle to a complete stop not closer than fifteen (15)
feet of the school bus when it is stopped and stop arm
is extended, and shall remain stopped until the stop
arm is retracted and the school bus resumes motion.
(c) Limited applicability of section. This section shall
apply to the following designated streets or portions of
streets only:
Cedar Cross Road
Crescent Ridge
Kelly Lane
Old Mill Road
Pennsylvania Avenue, from Radford Road west to the
westerly city limits
Peru Road, from the East Thirty-second Street viaduct to
the northerly city limits
Supp. No. 6 1584
§ 25-187.1
MOTOR VEHICLES AND TRAFFIC § 25-190
Radford Road, from the city limits of Asbury, Iowa, south
to the southerly city limits
Rockdale Road
Starlight Drive
Valley Road, from Pebman Road to Peru Road
(Ord. No. 56-79, § 1, 9-17-79)
Editor's note—Ord. No. 56-79, § 1, adopted Sept. 17, 1979, amended the
Code by adding provisions designated § 25-245. For purposes of
classification, and at his discretion, the editor has redesignated said
provisions § 25-187.1.
The street schedule set forth in § 25-187.1(c) is derived from Ord. No.
56-79, 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 provisions added or revised. A
complete history note for § 25-187.1 appears at the end of the section.
Sec. 25-188. School zones.
(a) School zones are hereby established and shall embrace
all the territory contiguous to and including streets for a
distance of two hundred (200) feet in either direction from a
school building or buildings. All vehicular traffic shall stop
when approaching such zones in obedience to movable stop
signs placed in the streets at the limits of the same.
(b) The city manager is authorized and directed to erect
school -type traffic -control signals at the entrance to each
school zone in the city and at such other crossings or other
intersections as the council may designate. (Ord. No. 33-49,
§§ 13.4, 13.5, 9-6-49; Ord. No. 9-53, § 5, 5-12-53)
Sec. 25-189. Operation of advertising vehicles.
No person shall operate any vehicle upon the streets
which, by loudspeakers or mechanical devices, is used to
advertise events or the sale of goods, wares or merchandise.
(Ord. No. 33-49, § 16.20, 9-6-49)
Sec. 25-190. Heavy vehicles prohibited on certain
bridges.
(a) When signs are erected giving notice thereof, no
person shall operate a vehicle exceeding those posted gross
vehicle weight limits on, or over, the following bridges:
Supp. No. 6 1584.1
§ 25-190 DUBUQUE CODE
Bridge
Rockdale Road Bridge over
Catfish Creek •
§ 25-196
Gross
Vehicle
Weight
5 tons
(b) No exceptions to this section of this Code [shall] be
allowed. (Ord. No. 66-79, § 1, 11-5-79)
Secs. 25-191-25-195. Reserved.
DIVISION 2. OVERTAKING AND PASSING
Sec. 25-196. Passing generally.
The following rules shall govern the overtaking and
passing of vehicles proceeding in the same direction, subject
to those limitations, exceptions and special rules hereinafter
stated:
(1) Except on one-way streets, the driver of a vehicle
overtaking another vehicle proceeding in the same
direction shall pass to the left thereof at a safe
distance and shall not again drive to the right side of
the roadway until safely clear of the overtaken
vehicle.
(2) Except when overtaking and passing on the right is
permitted, the driver of an overtaken vehicle shall
give way to the right in favor of the overtaking
vehicle on an audible signal and shall not increase the
speed of his vehicle until completely passed by the
overtaking vehicle.
(3) Any driver of a vehicle that is overtaken by a faster
moving vehicle who fails to heed the signal of the
overtaking vehicle when it is given under such
circumstances that he could by the exercise of
ordinary care and observation and precaution, hear
such signal and who fails to yield that part of the
traveled way as herein provided, shall be guilty of a
misdemeanor.
Supp. No. 6
1584.2
§ 25-236 MOTOR VEHICLES AND TRAFFIC § 25-236
ARTICLE VII. PEDESTRIANS
Sec. 25-236. Right-of-way.
Where the traffic -control signals are not in place or in
operation, the driver of a vehicle shall- yield the right-of-
way, slowing down or stopping if need be to so yield, to a
pedestrian crossing the street within any marked crosswalk
or within any unmarked crosswalk at an intersection,
except as otherwise provided in this chapter. (Ord. No.
33-49, § 14.2, 9-6-49)
State law reference—Similar provisions, I.C.A. § 321.327.
Supp. No. 6
1590.15
§ 25-237 MOTOR VEHICLES AND TRAFFIC § 25-241
Sec. 25-237. Duty of driver in regard to pedestrians working
on streets.
Every driver of a vehicle shall yield the right-of-way to
pedestrian workers engaged in maintenance or construction
work on a street or highway whenever the driver is notified
of the presence of such workers by a flagman or a warning
sign. (Ord, No. 33-49, § 14.1, 9'-6-49; Ord. No. 38-68, § 1,
6-3-68)
State law reference—Similar provisions, I.C.A. § 321.329.
Sec. 25-238. Crossing at other than crosswalk.
Every pedestrian crossing a street at any point other than
within a marked crosswalk or within. an unmarked crosswalk
at an intersection shall yield the right-of-way to all vehicles
upon the roadway. (Ord. No. 33-49, § 14.3, 9-6-49)
State law reference—Similar provisions, I.C.A. § 321.328.
Sec. 25-239. Duty of driver to crossing pedestrians.
Notwithstanding the provisions of section 24-238, every
driver of a vehicle shall, exercise due care to avoid colliding
with any pedestrian upon any street and shall give warning
by sounding the horn when necessary and shall exercise due
care upon observing any child or any confused or incapacitated
person upon a street. (Ord. No. 33-49, § 14.4, 9-6-49)
State law reference—Similar provisions, I.C.A. § 321.329.
Sec. 25-240. Use of crosswalks.
Pedestrians shall move, whenever practicable, upon the right
half of crosswalks. (Ord. No. 33-4.9, § 14.5, 9-6-49)
State law reference—Similar provisions, I.C.A. § 321.330.
Sec. 25-241. Solicitation of rides.
(a) No person shall stand in a roadway for the purpose of
soliciting a ride from the driver of any private vehicle.
(b) Nothing in this section or this chapter shall be con-
strued so as to prevent any pedestrian from standing on that
portion of the street or highway, not ordinarily used for ve-
1591
§ 25-241 DUBUQUE CODE § 25-255
hicular traffic for the purpose of soliciting a ride from the
driver of any vehicle. (Ord. No. 33-49, § 14.6, 9-6-49)
State law reference—Similar provisions, I.C.A. § 321.331.
Sec. 25-242. White canes restricted to blind persons.
For the purpose of guarding against accidents in traffic on
the public thoroughfares, it shall be unlawful for any person
except persons wholly or partially blind to carry or use on the
streets, highways and public places of the city any white
canes or walking sticks which are white in color or white
tipped with red. (Ord. No. 33-49', § 14.7, 9-6-49)
State law reference—Similar provisions, I.C.A. § 321.332.
Sec. 25-243. Duty of drivers upon approaching blind persons.
Any driver of a vehicle or operator of a motor driven ve-
hicle who approaches or comes in contact with a person wholly
or partially blind carrying a cane or walking stick white in
color or white tipped with red, or being led by a guide clog
wearing a harness and walking on either side of or slightly in
front of said blind person, shall immediately come to a com-
plete stop, and take such precautions as may be necessary to
avoid accident or injury to the person carrying a cane or walk-
ing stick white in color or white tipped with red or being led
by a guide dog. (Ord. No. 33-49, § 14.8, 9-6-4.9'; Ord. No. 37-68,
§ 1, 6-3-68)
State law reference—Similar provisions, I.C.A. § 321.333.
Sec. 25-244. Walking on highways.
Pedestrians shall at all times when walking along or on a
highway, walk on the left side of such highway. (Ord. No.
33-49, § 14.9, 9.649)
State law reference—,Similar provisions, I.C.A. § 321.326.
Secs. 25-245-25-255. Reserved.
1592
§ 25-289 MOTOR VEHICLES AND TRAFFIC § 25-289
Sec. 25-289. Trucks restricted.
No operator of a truck vehicle, other than a pickup truck,
shall operate or drive such truck vehicle into or in a municipal
parking garage. (Ord. No. 39-64, § 4, 12-28-64 ; Ord. No. 49-69,
§ 4, 11-17-69)
Supp. No. 1
1602.1
§ 2i5-290 MOTOR VEHICLES AND TRAFFIC § 25-293
Sec. 25-290. Height of, projections on vehicles restricted.
(a) No operator of any motor vehicle having projections
therefrom in excess of six (6) feet eleven (11) inches in
height or which is in excess of six (6) feet eleven (11) inches
in height, shall operate or drive such vehicle into or in the
Municipal Parking Garage.
(b) No operator of any motor vehicle having projections
therefrom in excess of six (6) feet nine (9) inches in height
or which is in excess of six (6) feet nine (9) inches in height,
shall operate or drive such vehicle into or in the Iowa Street
Municipal; Parking Garage. (Ord. No. 39-64, § 5, 12-28-64;
Ord. No. 49-69, § 5, 11-17-69)
Sec. 25-291. Parking time restricted; reserved spaces.
Use of the municipal parking garages shall be limited to the
parking and storage of motor vehicles for a period not to ex-
ceed the maximum of twenty-four (24) hours in a single park-
ing period, except that the city manager may reserve certain
parking spaces therein to tenants upon a month-to-month basis
upon payment in advance of the monthly rental charge. (Ord.
No. 39-64, § 6, 12-28-64; Ord. No. 49-69, § 6, 11-17-69)
Sec. 25-292. Repairs, maintenance of vehicles.
No person shall clean out or wash motor vehicles, change
tires, change oil or make repairs to any motor vehicle parked
in a municipal parking garage, except such necessary work to
start or move a motor vehicle from the parking garage may
be permitted for such purpose only. (Ord. No. 39-64, § 7,
12-28-64 ; Ord. No. 49-69, § 7, 11-17-69)
Sec. 25-293. Hours of operation.
The city manager shall designate the hours during which
the municipal parking garages will be open for transient park-
ing business. He shall publish notice of such hours by prom-
inently
rominently displaying such notice within the garages. The city
manager shall keep the city council informed of the hours of
opening and closing thereof or any change of such hours. It is
1603
§ 25-293 DUBUQUE CODE § 25-296
intended hereby that regular service hours shall be established
for the operation of the parking garages, but in addition,
permit such flexibility in the established hours so that the
municipal parking garages can be operated according to service
demand, special events and holiday shopping requirements.
(Ord. No. 39-64, § 8, 12-28-64; Ord. No. 49-69, § 8, 11-17-69)
Sec. 25-294. Fees and charges.
The city manager, with the approval of the city council,
shall fix and establish the fees and charges for parking of
motor vehicles in the municipal parking garages. Such fees
and charges shall be published by posting thereof prominently
within the municipal parking garages. (Ord. No. 39-64, § 9,
12-28-64; Ord. No. 49-69, § 9, 11-17-69)
Sec. 25-295. Parking without paying required fee prohibited;
exception.
When • parking spaces are established and marked and the
appropriate devices for the collection of fees and charges and
the regulation of motor vehicles have been installed and park-
ing rates have been established and posted in the municipal
parking garages, then it shall be unlawful and a violation of
this division for any person to cause, allow, permit or suffer
any motor vehicle registered in the name of such person to be
parked in the municipal parking garages without paying the
required fee as established. On particular occasions, times or
days, the municipal parking garages may be opened to the
general public without fee payment ; at such times it shall be
lawful for any person to allow or permit any vehicle registered
in such person's name to be parked in the municipal parking
garages without payment of fee. (Ord. No. 39-64, § 10, 12-28-
64; Ord. No. 49-69, § 10, 11-17-69)
Sec. 25-296. Operators.
It shall be the duty of the city manager to appoint persons
to operate the municipal parking garages, keep records of
their operation, collect fees, record and deposit such fees and.
place them in the parking meter fund. (Ord. No. 39-64, § 11,
12-28-64 ; Ord. No. 49-69, § 11, 11-17-69)
1604
Chapter 26
OFFENSES AND MISCELLANEOUS PROVISIONS*
Art. I. In General, §§ 26-1-26-28
Art. II. Assemblies, §§ 26-29-26-43
Art. III. Blasting, §§ 26-44-26-68
Div. 1. Generally, §§ 26-44-26-54
Div. 2. Permit, §§ 26-55-26-68
Art. IV. Gambling, §§ 26-69-26-83
Art. V. Model Glue, §§ 26-84-26-109
Art. VI. Reserved, §§ 26-110-26-138
Art. VII. Noises, §§ 26-139-26-163
Div. 1. Generally, §§ 26-139-26-155
Div. 2. Variance Permits, §§ 26-156-26-163
ARTICLE I. IN GENERAL
Sec. 26-1. Disturbing the peace—Generally.
(a) No person within the corporate limits of this city shall
wilfully disturb the peace and quiet of others by loud or
excessive noise, violent or obstreperous conduct calculated to
provoke a breach of the peace.
(b) No person within the corporate limits of this city shall
suffer or permit in any house or upon any premises owned,
occupied, possessed or controlled by him any hallooing,
quarrelling, fighting or unusually loud or excessive noise in
such a manner calculated to provoke a breach of the peace
of others, or the public quiet of the neighborhood. (Ord. No.
51-73, §§ 1, 2, 11-7-73)
Sec. 26-2. Same—Fighting.
No person within the corporate limits of this city shall
engage in a fight with another, or assault, strike, or attempt
to assault or strike another, or invite or defy another person
to fight or quarrel. (Ord. No. 51-73, § 3, 11-7-73)
*Cross references—General penalty for Code violations, § 1-8;
tattooing, § 18-2; use regulations for parks, Ch. 27, Art. II, Div. 4; police,
Ch. 31.
Supp. No. 6
1667
§ 26-3 DUBUQUE CODE
§ 26-6
Sec. 26-3. Same—Disturbing assemblages.
No person within the corporate limits of this city shall
disturb or interrupt any public meeting or lawful assem-
blage of persons by violent or obstreperous conduct, or by
making unusually loud or excessive noise the intent of
which is to be disruptive or to provoke a breach of the
peace. (Ord. No. 51-73, § 4, 11-7-73)
Sec. 26-4. Same—Ringing of bells, gongs, etc.
No person within the corporate limits of this city shall
ring or sound any bell, auction bell, gong, or similar device
upon the streets or alleys within the city, or in front of any
place of business or dwelling house, or upon any vehicle for
the purpose of advertising any auction or other sale or
event, in an offensive or unnecessary manner so as to
disturb the peace of others. (Ord. No. 51-73, § 5, 11-7-73)
Sec. 26-5. Same—Interference with policemen, fire-
men.
No person within the corporate limits of this city shall
resist or obstruct, or in any way interfere with any police
uy,officer, or member of the fire department in the performance
of any official duty. (Ord. No. 51-73, § 6, 11-7-73)
Cross references—Fire department, Ch. 14, Art. II; police, Ch. 31.
Sec. 26-6. False and fraudulent reports.
Whoever intentionally and without good cause shall give a
false or fraudulent report of a crime, a fire, or an accident by
calling any peace officer, physician, hospital, ambulance
service, or fire department, or by crying or sounding an
alarm, or by performing any act calculated to cause such
report or alarm, or who shall intentionally communicate
false or fraudulent information with reference to a crime, a
fire, or an accident to any peace officer, physician, hospital,
ambulance service, or fire department, knowing such
information to be false or fraudulent, shall be guilty of a
misdemeanor and upon conviction shall be punished as
provided in section 1-8 of this Code. However, nothing
herein shall prevent communication of
Supp. No. 6 1668
Chapter 33
STREETS, SIDEWALKS AND PUBLIC PLACES*
Art. I. In General, §§ 33-1-33-24
Art. II. Curbs and Driveways, §§ 33-25-33-47
Div. 1. Generally, §§ 33-25-33-31
Div. 2. Permit, §§ 33-32-33-47
Art. III. Excavations, §§ 33-48-33-77
Div. 1. Generally, §§ 33-48-33-61
Div. 2. Permit, §§ 33-62-33-77
Art. IV. Snow and Ice Removal, §§ 33-78-33-86
Div. 1. Generally, §§ 33-78-33-83
Div. 2. Sidewalks, §§ 33-84-33-86
ARTICLE I. IN GENERAL
Sec. 33-1. Use of explosives, etc.
If any person, within the corporate limits of this city,
causes or aids in causing, any firecrackers, torpedoes or
other explosives, of any kind or character, to be fired off or
exploded upon the streets or alleys of this city, or upon any
public or private grounds without permission of the owner or
occupant thereof, or engages or participates in any sport or
exercise likely to scare horses, he shall be guilty of a
misdemeanor. (Ord. No. 78, § 41)
Sec. 33-2. Obstructions.
Any person, within the corporate limits, who commits any
of the following acts shall be guilty of a misdemeanor:
(1) In any way obstructs or causes to be obstructed, any
street, alley, sidewalk or other public place by placing
therein or thereon any stone, lumber, brick, wood or
*Cross references—Director of public works, § 2-169 et seq.; display of
advertising material on public property, restricted, § 3-1; distribution of
advertising material in public streets, § 3-20; motor vehicles and traffic, Ch.
25; removal of grade stakes, § 26-16; standards for streets, alleys and
easements in subdivisions, Ch. 34, Art. III, Div. 2.
State law references—Streets and public grounds, I.C.A. § 389.1 et
seq.; sidewalks, I.C.A. § 389.31 et seq.
Supp. No. 6 2087
§ 33-2 DUBUQUE CODE § 33-2
other thing or by making or causing to be made any
excavation therein or thereon, or by removing or
causing to be removed, plank or timber or other
material therefrom without having first secured
written permission from the city to do so, or if any
person who has not secured a peddler's license, who
obstructs or causes to be obstructed, any street, alley,
sidewalk, bridge or other public place by keeping or
having thereon or therein or causing to be kept
thereon or therein, any wagon, push cart or other
vehicle from which to peddle or from which is being
peddled, or from which it is the intention to peddle,
fruit or other merchandise or any commodity whatev-
er, such wagon, push cart or other vehicle being kept
standing or moving from place to place.
(2) Places or causes to be placed on any of the streets,
alleys, sidewalks or other public places, any cord,
wood, lumber, brick, stone or any other species of
property or thing, and suffers the same to remain
thereon or therein for more than ten (10) hours after
having been notified by the chief of police to remove
the same; provided, that this subparagraph shall not
be construed to apply in cases of removal or
importation of goods, wares and merchandise belong-
ing to merchants where the same do not remain as an
obstruction for more than ten (10) hours and not
occupy more than one-third (1/3) of the width of the
sidewalk from the building to the curb line.
(3) Obstructs any sidewalk by drawing, leading or driving
any cart or vehicle upon the same, or leaving any cart,
vehicle or animal upon the same, he shall be guilty of
a misdemeanor.
(4) Collect or gather on any sidewalk, so as to obstruct the
free passage thereon, and neglect or refuse to disperse
upon the request or command of the owner or
occupant of adjoining premises, or of a police officer.
(5) Keeps or leaves open any cellar door or grating, or
covering of any vault, on any street or sidewalk, or
Supp. No. 6
2088
§ 33-86 STREETS, SIDEWALKS AND PUBLIC PLACES § 33-86
Sec. 33-86. Collection of cost of removal by city.
When the city manager, pursuant to section 33-85, has
caused accumulations of snow, ice or slush to be removed
from any sidewalk, he shall promptly ascertain the actual
cost thereof, including the cost of supervision, inspection
and accounting, and shall certify such actual cost to the city
clerk who, in turn, shall promptly certify such cost to the
county auditor and it shall then be collected with and in the
same manner as general property taxes in accordance with
the provisions of law. (Ord. No. 51-51, § 3, 11-13-51)
Supp. No. 6
2099
[The next page is 2149]
Chapter 36
UTILITIES*
Art. I. In General, §§ 36-1-36-10
Art. II. Sewers and Sewage Disposal, §§ 36-11-36-71
Div. 1. Generally, §.§ 36-11---36-28
Div. 2. Discharge Regulations, §§ 36-29-36-42
Div. 3. Private Disposal Systems, §§ 36-43-36-53
Div. 4. Rates, §§ 36-54-36-71
Art. III. Transit Authority, §§ 36-72-36-91
Art. IV. Water, §§ 36-92-36-170
Div. 1. Generally, §§ 36-92-36-113
Div. 2. Connections, §§ 36-114-36-144
Div. 3. Meters, §§ 36-145-36-160
Div. 4. Rates, §§ 36-161-36-170
Art. V. Cable Television, §§ 36-171-36-185
Div. 1. Generally, §§ 36-171-36-180
Div. 2. Dubuque Cable TV Commission, §§ 36-181-36-185
ARTICLE 1. IN GENERAL
Sec. 36-1. Gas main connections -City's authority to require.
Before any street, highway, avenue, alley or public ground
is permanently improved, the city council, by the passage of a
resolution, may require connections from gas mains to be
made by the owners of abutting property to the curbline of
such property, and a notice of such requirements shall be
given to the property owners as herein provided for. (Ord.
No. 128, § 1,10-2-22)
Sec. 36-2. Same—Notice to owners.
As soon as the resolution requiring connections to be made
as provided for in section 36-1, is passed and adopted by the
city council, a written notice shall be served upon all persons
owning property along the street, avenue or alley proposed to
be improved, which notice shall order such property owner to
make connections to the curbline with gas mains located in
such streets, and thereupon it shall be the duty of the owners
*Cross references—Administration, Ch. 2; director of public works,
§ 2-169 et seq.; city operated ambulance service, Ch. 18, Art. II, Div.
3; railroads, Ch. 32.
Supp. No. 2
2253
§ 36-2 DUBUQUE CODE § 36-10
of such property to comply with such notice. The notice shall
prescribe whether or not more than one connection is required
to be made and the description of the lot or parcel or real
estate to which the same is to be made and, in each instance,
such owner shall be advised of the number of connections that
are required to be made. (Ord. No. 128, Ԥ 2, 10-2-22 ; Ord. No.
195, § 2, 5-2-28)
Sec. 36-3. Same—City's authority to make.
If a property owner upon whom notice has been served pur-
suant to section 36-2 to make the connections as provided for
in section 36-1, should fail or refuse to make such connections
within the time provided for in such notice, then the city
council may proceed to have said connections made upon a
contract made and entered into for that purpose and the cost
of making such connections shall be assessed to the property
owner and shall be collected in the same manner as other
special assessments are collected, except that the whole
amount of such assessments shall become due at once and
shall not be payable in installments. (Ord. No. 128, § 4, 10-2-
22)
Sec. 36-4. Same—When completion is required.
The resolution passed by the council pursuant to section
36-1 and the notice that is served upon the property owner
shall prescribe the time within which connections are to be
made with such mains as provided for in such resolution, and
this notice shall be final unless the time is extended by the
city council upon application made therefor, or if conditions
should arise which would make it impossible for the property
owner to make the connections required. (Ord. No. 128, § 5,
10-2-22) ,
Secs. 36-5-36-10. Reserved.
Supp. No. 2
2254
§ 36-11 UTILITIES
§ 36-11.1
or in quantity of flow exceeds for any period of duration
longer than fifteen (15) minutes more than five (5) times
the average twenty-four (24) hour concentration or flows
during normal operation.
Storm drain shall mean a sewer which carries storm and
surface waters and drainage, but excludes sewage and in-
dustrial wastes, other than unpolluted cooling water.
Suspended solids shall mean solids that either float on the
surface of, or are in suspension in, water, sewage or other
liquids, and which are removable by laboratory filtering.
Waste water treatment facility shall mean any arrangement
of devices and structures used for treating sewage.
Watercourse shall mean a channel in which a flow of water
occurs, either continuously or intermittently. (Ord. No. 44-76,
Art. I, §§ 1-23, 9-7-76)
Sec. 36-11.1. Notice of violation; penalty; indemnity to city.
(a) [Except as otherwise provided,] any person found to
be violating any provision of this article, except section 36-23,
shall be served by the city with written notice stating the
nature of the violation and providing a ten (10) day limit
for the satisfactory correction thereof. The offender shall,
within the period of time stated in such notice, permanently
cease all violations.
(b) Any person who shall continue any violation beyond
the time limit provided for in paragraph (a) above shall be
guilty of a misdemeanor, and on conviction thereof, shall be
fined in the amount not exceeding one hundred dollars ($100.-
00)
$100:00) for each violation, or be imprisoned for not more than
thirty (30) days. Each day in which any such violation shall
continue shall be deemed a separate offense.
(c) Any person violating any of the provisions of this
article shall become liable to the city for any expense, loss,
or damage occasioned the city by reason of such violation.
(Ord. No. 44-76, Art. VIII, §§ 1-3, 9-7-76)
Supp. No. 1
2257
§ 36-12
DUBUQUE CODE § 36-14
Sec. 36-12. Noncomplying disposal methods prohibited.
(a) Deposits on public or private property. It shall be un-
lawful for any person to place, deposit, or permit to be de-
posited in any unsanitary manner on public or private proper-
ty within the City of Dubuque, or in any area under the
jurisdiction of said city, any human or animal excrement,
garbage, or other objectionable waste, except in accordance
with the provisions of this article.
(b) Discharges to natural outlets. It shall be unlawful to
discharge to any natural outlet within the City of Dubuque,
or in any area under the jurisdiction of said city, any sewage
or other polluted waters, except where suitable treatment has
been provided in accordance with the provisions of this
article.
(c) Privies, privy vaults, septic tanks, etc. It shall be un-
lawful to construct or maintain any privy, privy vault, septic
tank, cesspool, or other facility intended or used for the dis-
posal of sewage, except in accordance with the provisions of
this article. (Ord. No. 44-76, Art. II, §§ 1-3, 9-7-76)
Sec. 36-13. Connection to public sewer—Required.
The owner of any house, building, or property used for
human occupancy, employment, recreation, or other purposes,
situated within the city and abutting on any street, alley,
right-of-way or easement in which there is now located, or
may in the future be located, within two hundred (200) feet
of the property line thereof, a public sanitary sewer of the
city, is hereby required at his expense to install suitable
toilet facilities therein and to connect such facilities directly
with the proper public sewer, in accordance with the pro-
visions of Ordinance No. 48-70 [See Ch. 30 of the Code] re-
quiring the making of connections with sanitary sewers and
providing for the manner of making such connections. (Ord.
No. 44-76, Art. II, § 4, 9-7-76)
Sec. 36-14. Same—Exception.
Where a public sanitary sewer is not available under the
provisions of section 36-29 herein, the building sewer shall be
Supp. No. 1 2258
§ 36-49 UTILITIES § 36-50
Secy. 36-49. Remedy of city manager if refused entry to
premises for purposes of inspection.
In the event the city manager, in proceeding to enter any
premises for the purpose of making an inspection to carry out
the provisions of this regulation, shall be refused entry, a
complaint may be made under oath to any court of competent
jurisdiction and said court shall thereupon issue its order au-
thorizing the city manager to enter such place for the purpose
of making such inspection. (Ord. No. 44-76, Art. III, § 12,
9-7-76)
Sec. 36-50. Notice of violation; requirements.
Whenever the city manager determines that there are
reasonable grounds to believe that there has been a violation of
any provision of this regulation or any rule or regulation
adopted pursuant thereto, he shall give notice of such alleged
violation to the person or persons responsible therefor, as
hereinafter provided.
Such notice shall:
(a) Be in writing;
(b) Include a statement of the reasons why it is being
issued, citing the provisions of the regulation involved ;
(c) Allow ten (10) days for the performance of any act it
requires ;
(d) Be served upon the owner or his agent or the occupant,
as the case may require, provided that such notice shall
be deemed properly served upon such owner or agent,
or upon such occupant, if a copy thereof is served upon
him personally, or if a copy thereof is sent by certified
mail to his last known address, or if a copy thereof is
posted in a conspicuous place in or about the premises
affected by the notice, or if he is served with such no-
tice by any other method authorized under the laws
of the State of Iowa ;
(e) State that unless a condition described is corrected
within the time specified therein, any permit issued
Supp. No. 1 2273
§ 36-50 DUBUQUE CODE § 36-54
under this regulation may be suspended, revoked, or
court action initiated. (Ord. No. 44-76, Art. III, § 13,
9-7-76)
Sec. 36-51. Appeals from orders of city manager.
Any person aggrieved by any order made by the city man-
ager shall have the right to appeal to the Dubuque city council
by filing a written notice of such appeal with the Dubuque
city council within ten (10) days of the date of such order.
If such a notice is filed, the Dubuque city council shall set a
time and place for a hearing, and notify the party that has
filed the appeal. The notice of the hearing shall be sent by
certified mail. The Dubuque city council, by majority vote,
shall modify, withdraw, or order compliance with said order.
The aggrieved party may appeal any order of the Dubuque
city council to the district court of Dubuque County, Iowa,
within twenty (20) days of the date of such order. (Ord. No.
44-76, Art. III, § 14, 9-7-76)
Secs. 36-52, 36-53. Reserved.
DIVISION 4. RATES
Sec. 36-54. Definitions.
The following words and terms as used in this division,
shall be deemed to mean and be construed as follows:
Contributor refers to any person responsible for the pro-
duction of domestic, commercial or industrial waste which is
directly or indirectly discharged into the city's sanitary sewer
system.
Sewage service charge refers to any and all rates, charges,
fees, or rentals levied against and payable by the contributors,
including special contracts or agreements which have been or
may be negotiated by and between the city, commercial estab-
lishments, industries, manufacturing plants or corporations
for the purpose of collecting rates, charges, fees or rentals.
Supp. No. 1
2274
§ 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 refers to the city water department.
(Ord. No. 35-57, § 2, 4-15-57)
Cross reference—Rules of construction and definitions generally, § 1-2.
Sec. 36-55. Purpose.
It is hereby determined and declared to be necessary and
conducive to the protection of the public health, safety, wel-
fare and convenience of the city to levy and collect just and
equitable charges, rates or rentals upon all lots, parcels of real
estate and buildings that are connected directly or indirectly
with the sanitary sewage system of the city, the proceeds of
such charges or rentals so derived to be used for the purpose of
constructing, operating, maintaining and repairing such sew-
age treatment plant. (Ord. No. 35-57, § 1, 4-15-57)
Sec. 36-56. Established.
Contributors whose property lies within the corporate limits
of the city, except as otherwise provided in this division, shall
pay to the city, through its collection agent at its office at
the same time payment for water service is made, a sewer
service charge computed on water consumption on the
following rates:
(a) Basis of charges: The sewage rates and charges shall
be based on the quantity of water used on or in the
property 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. 7
2275
§ 36-56 DUBUQUE CODE § 36-56
(b) Schedule of rates:
Monthly rates, per each 100 cubic feet $1.00
Bimonthly rates, per each 100 cubic feet L00
(c) 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 me ter acceptable to the city for
said purpose.
(2) When a parcel of real estate, property or building
discharging sanitary sewage, industrial wastes,
water or other approved waste, either directly or
indirectly into the city's sanitary sewer system is
a user of water supplied by the city water
department and, in addition, uses water from
another source which 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 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
Supp. No. 7
2276
§ 36-56 UTILITIES § 36-56
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,
industrial 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
application, permit connection to the city sanitary
sewer system of properties located outside the
corporation limits upon such terms and conditions
as it may establish; provided, however, that such
terms shall not be more favorable to such property
than the rates herein established for city users.
(5) In order that the rates and charges may be
modestly and equitably adjusted to the service
rendered, the city shall have the right to base its
charges not only on volume but also on the
strength and character of the sewage and wastes
deposited in the system 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 sewage system, in such manner
and by such methods as it may deem practicable
in the light of the conditions 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.
Supp. No. 7
2277
§ 36-56
DUBUQUE CODE § 36-56
(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
required in this division.
(7) Where the quantity of water consumed is such
that the minimum water service is charged, the
minimum sewer service charge, according to the
size of the meter shall be as follows:
MONTHLY RATES
Meter Minimum Allowance
(inches) Charge (cubic feet)
5/3 $ 2.00 200
3/4 8.00 800
1 13.00 1,300,
11/4 21.00 2,100
11/2 26.00 2,600
2 46.00 4,600
3 106.00 10,600
4 168.00 16,800
6 368.00 36,800
8 625.00 62,500
BIMONTHLY RATES
Meter Minimum Allowance
(inches) Charge (cubic feet)
5/3 $ 4.00 400
3/4 16.00 1,600
1 26.00 2,600
11/4 42.00 4,200
11/2 52.00 5,200
2 92.00 9,200
(Ord. No. 35-57, § 4, 4-15-57; Ord. No. 65-68, §§ 2, 3, 10-
28-68 ; Ord. No. 48-76, §§ 1-4, 10-4-76 ; Ord. No. 26-79, § 1,
5-7-79; Ord. No. 19-80, § 1, 3-11-80)
Supp. No. 7
2278
§ 37-37 VEGETATION § 37-51
(b) All commercial and profession arborists shall upon re-
moval of any dead, diseased, infected or infested trees, vines,
hedges, plants, logs and branches obtain a permit from the
park board to carry or transport such trees, vines, hedges,
plants, . logs or branches to an approved and - designated dis-
posal area as directed by the park board. The fee for such
permit shall be fifty cents ($0.50) per load. (Ord. No. 63-61,
§ 5, 1-22-62)
Secs. 37-38-37-48. Reserved.
ARTICLE III. WEEDS*
Sec. 37-49. Duty of owner to remove.
It shall be the duty of the owner of any lot or parcel of
land within the limits of the city to maintain the same free
and clear of any dense growth of weeds, vines, brush or other
vegetation that may constitute a health, safety or fire hazard
and any such growth is hereby declared a public nuisance.
(Ord. No. 59-51, § 1, 12-3-51)
Sec. 37-50. Notice to owner to remove.
Whenever the city manager shall determine that the nature
or quantity of weeds, vines, brush or other growth on any lot
or parcel of land in the city is such as to constitute a health,
safety or fire hazard, he shall mail a written notice to the
owner of said lot or parcel of land, or his agent or attorney,
notifying the owner of said property to cut or destroy such
weeds, vines or other growth. (Ord. No. 59-51, § 2, 12-3-51.)
Sec. 37-51. Compliance with removal notice required.
It shall be the duty of an owner, notified as provided in
section 37-50 to remove weeds, vines or other growth, to cut
or destroy such weeds, vines or other growth within a reason-
able time and in such a manner as to remove such hazard.
(Ord. No. 59-51, § 2, 12-3-51)
*Cross reference—Health and sanitation, Ch. 18.
2359
§ 37-52 DUBUQUE CODE § 37-52
Sec. 37-52. Removal by city after owner's failure to comply
with removal notice; collection of costs.
Inthe event the owner of a lot or parcel of land, who has
been notified pursuant to section 37-50 to remove weeds, vines
or other growth, shall fail to remove such hazard within ten
(10) days after the mailing of such notice, it shall be the duty
of the city manager to cause said weeds, vines or other growth
to be cut and destroyed and to certify the actual cost thereof
to the city clerk who, in turn, shall certify such cost to the
county auditor and it shall then constitute a lien against said
property and be collected with and in the same manner as
general property taxes on said property. (Ord. No. 59-51, § 3,
12-3-51)
[The next page is 2411]
2360
§ 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 I. 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, § 1,
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. 7
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. P -I Planned Industrial District. (Ord. No. 29-80, §
1, 5-5-80)
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 1 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. 7 2472
§ 4-114
APPENDIX A—ZONING § 4-115
4-114.6 Special Screening Requirements Where Yards Abut
a Residential or Office -Residential District
Wherever a yard within a C-3 District abuts a resi-
dential or office -residential district, a fence, planted
border, wall or other barrier sufficient to screen from
casual vision the C-3 District to a height of not less
than six (6) feet above ground level shall be provided,
except where the nearest residential use is located more
than fifty (50) feet from the abutting lot line.
In the case of uses existing at the effective date of
this ordinance, this requirement shall be met not later
than one (1) year after such date.
4-114.7 Special Front Yard Setback Provisions for C-4
Districts Along Lower Dodge Street
4-114.7.1 Statement of Intent
The special provisions of this section are intended
to avoid unnecessary hardship to potential develop-
ers by allowing for relaxed front yard setback
provisions in C-3 Districts located along lower
Dodge Street, where topographic conditions are
found to be such that compliance with the usual
setback provisions of this district may be unneces-
sarily difficult or impossible.
4-114.7.2 Application of Special Setback Regulations
For any C-3 District which fronts on Dodge Street
within the area between Bluff Street and Hill
Street, the minimum required setback for principal
permitted uses shall be forty (40) feet.
Section 4-115 C-4 General commercial district regulations
4-115.1 General Statement of Intent
The C-4 General Commercial District is created to ac-
commodate the older commercial areas of the City
which surround and extend outward from the C-5
Central Business District and . which generally ap-
Supp. No. 1 2557
§ 4415 DUBUQUE CODE § 4-115
proximate the boundaries of traditional downtown
Dubuque. These areas are characterized by a broad
range of largely unrelated uses, instances of physical
obsolescence or deterioration, deficient traffic and
parking patterns, and similar problems typical of com-
mercial areas developed prior to effective planning con-
trols. The regulations for this District are especially
designed to encourage the maintenance of existing uses
and the private redevelopment of new commercial uses
by permitting a wide variety of uses and liberalized
bulk, yard, and parking requirements. Because of its
limited purpose and scope, the Council declares that
the C-4 District shall have no application in undevelop-
ed or newly -developing areas of the City. The Council
further contemplates that as specific development plans
and programs are developed for the C-4 District, the
regulations and/or boundaries of the District may be
modified or refined in accordance with such plans or
programs.
4-115.2 Principal Permitted Uses
In the C-4 Commercial District, no building, structure,
or land shall be used, and no building or structure shall
be built or altered to be used in whole or in part,
except for the following purposes :
1) Professional office uses permitted in the OR -1
Office -Residential District [See Section 4-109.2 of
this ordinance] .
2) Service uses, banks, and retail or wholesale sales,
but not to include department stores or uses listed
as Conditional Uses for this District [See 4-115.4
of this Section] .
3) [Reserved for future use]
4) Parking lots.
5) Indoor restaurants or drive-in restaurants; bars
or taverns. (Ord: No. 47-75, § 1, 12-22-75)
Supp. No. 1 2558
st 4-115 APPENDIX A -ZONING § 4-115
4-115.3 Accessory Uses and Structures
Accessory uses and structures shall be permitted in the
C-4 Commercial District only in accordance with the
provisions and regulations of Article V of this ordi-
nance, entitled "Supplementary District Regulations".
4-115.4 Conditional Uses
The following Conditional Uses are permitted, in the
C-4 Commercial District, but only in accordance with
the provisions of Article VI of this ordinance governing
the issuance of Conditional Use Permits.
1) Drive-in restaurants or drive-in banks, agricul-
tural supply stores, bowling alleys, and any facili-
ties for the sales, repair, servicing, rental, or
storage of vehicles; but only on condition that the
Board of Adjustment finds, after receiving the
advice of the City Planner, that the proposed use
is in conformance with adopted plans' for the area
in which it is located and will not be likely to im-
pede the orderly and efficient flow of traffic.
4-115.5 Schedule of District Regulations Adopted'
Additional regulations for. the C-4 Commercial District
shall be as set forth in the C-4 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",
2559
§4-115
DUBUQUE CODE § 4-115
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2560
§ 4-121 APPENDIX A—ZONING § 4-121
4) No maneuvering area shall be located
within ten (10) feet of side or rear property
line.
4-121.7.10 Sign Regulations
No sign shall be erected, altered or maintained
except in conformance with the approved final
development plan for the particular PI Planned
Industrial District. (Ord. No. 29-80, § 2, 5-5-80)
Supp. No. 7
2580.13
§ 5403 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.
3) 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.
Supp. No. 7
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 parking and loading spaces for uses within a
C-1, C-2, C-3, C-4, LI, HI or PI District shall be as
set forth in Schedule 5-104.4, hereby adopted by
reference and declared to be a part of this ordinance.
(Ord. No. 29-80, § 3, 5-5-80)
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;
Warehousing
0— 4,999 none
5,000-39,999 1
40,000-79,000 2
80,000 or more 1 space for each 50,-
000
0;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
Supp. No. 7 2600
§' 5-104 APPENDIX . A—ZONING §. 5-194
USE
GROSS FLOOR
AREA
(Square Feet)
SPACES REQUIRED
of 75,000 sq. ft. of
Gross Floor Area
4. All other com-
mercial or in-
dustrial uses not
listed in parts 1,
2, or 3 above
0— 9,999 none
10,000-29,999 1
30,000 or more 2 spaces plus 1 addi-
tional space for each,
50,000 sq. ft. or frac-
tion thereof in excess
of 30,000 sq. ft.
5-104.4 Schedule of Off -Street Parking Space Requirements
USE
REQUIRED OFF-STREET
PARKING SPACES
Any residential use 1.5 per dwelling unit
2. Professional office
1.0 per 400 square feet of gross
floor area
3. Drive-in restaurant or 2.0 per 100 square feet of gross
drive-in bank floor area
. Bowling alleys
4.0 per alley
Gas stations
2.0 plus 1 additional for each
service stall
. Manufacturing
1.0 for each two (2) employees
on the maximum shift
Wholesale sales or stor-
age facilities
1.0 per 400 square feet of gross
floor area
Furniture stores
1.0 per 400 square feet of gross
floor area
All other commercial or
industrial uses, includ-
ing :general retail or
service establishments
1.0 per 250 square feet of gross
floor area
2601
5-105 DUBUQUE CODE, § 5-1Q5
Section 5-105 Sign regulations
5-105.1 General Statement of Intent
The provisions of this Section set forth the compre-
hensive regulations, conditions and limitations under
which signs may be permitted in the City of Dubuque.
It is intended by the Council that these provisions
shall be held to be the minimum regulations necessary
for the protection of the public welfare and shall be
narrowly construed and strictly applied in favor of
the public interest in maintaining a safe, healthy, and
attractive environment.
5-105.2 Schedule of Comprehensive Sign Regulations Adopt-
ed
No sign shall be maintained, erected, constructed or
altered except in conformance with the provisions and
regulations of Table 5-105.2, "Schedule of Comprehen-
sive Sign Regulations", hereby adopted by reference
and declared to be a part of this ordinance, and the
rules, definitions and further provisions of this Sec-
tion.
5-105.3 Rules for Interpreting Table 5-105.2, "Schedule of
Comprehensive Sign Regulations"
The following rules shall govern the application and
interpretation of Table 5-105.2, "Schedule of Compre-
hensive Sign Regulations" :
1) Maximum Area -- the maximum area shall be the
maximum cumulative area allowed for all permit-
ted signs displayed on the premises.
2) Maximum Number — the maximum number shall
be the maximum total number of permitted signs
displayed on the premises. Each integral structural
unit displaying a unified informational content
shall be counted as one sign, except that a double-
faced sign supported on a single structure shall
count as one sign.
2602
5-105 APPENDIX A—ZONING
§ 5-105
3) Maximum Projection —maximum projection shall
refer to the maximum allowable projection of a
sign or sign structure into or over a public right-
of-way, but shall not limit projection from a build-
ing wall or structural support where such projec-
tion is contained entirely within private property.
4) Height — Height shall refer to the maximum allow-
able height for a permitted sign, as measured from
the median ground surface immediately below such
sign to the highest portion of the sign structure
or display panel.
5) All signs appearing as conditional uses may be
allowed by the Board of Adjustment subject to the
applicable provisions of Article VI of this ordi-
nance.
Where permitted, motion shall be limited to motion
of signs or display panels by mechanical or elec-
trical means,
7) The regulations of Table 5-105.2 are intended to
apply to each separate lot. Where more than one
use is contained within a building, or where more
than one building is located on a lot, the total area
of signs permitted for the entire lot may be al-
located in any proportion to the various uses or
buildings contained on the lot, subject to all other
provisions of this Section. However, for such mul-
tiple occupancy premises, the maximum number of
signs allowed by Table 5-105.2 shall apply to each
separate use occupant contained therein.
5-105.4 Definitions
The following definitions shall govern the interpreta-
tion and application of words used in Table 5-105.2 and
this Section :
a) Building sign — a sign affixed to and wholly sup-
ported by an exterior wall of a building or struc-
ture.
2603
5-105
,DUBUQUE CODE § .5405
b) Canopy or arcade signs— a sign attached to or
constructed in a permanent roofed structure cov-
ering an area customarily used for pedestrian
circulation.
Commemorative sign— a permanent sign or archi-
tectural feature, cast or engraved in stone or metal,
and affixed to or made an integral part of the
structure, indicating the name of the structure, its
address, date of construction, or other information
of commemorative . or historical significance.
d) Direct lighting -illumination by means of a visi-
ble light source, including any incandescent or
fluorescent device exposed to view or otherwise
discernible through transparent materials.
Directional sign — a sign identifying a premises,
or an activity conducted upon such premises, and
providing direction for the safe and efficient
flow of vehicular or ` pedestrian traffic to such
activity or premises. Directional signs shall in-
clude signs marking entrances, exits, , parking
areas, loading areas or other operational features
of a premises.
Free-standing sign — a sign which is supported by
one or more columns, uprights, or braces attached
in the ground in a permanent manner.
Indirect lighting - illumination by means of a
concealed light source, whereby all incandescent or
fluorescent devices are shielded from view by
opaque or translucent materials, and inclding re-
flected lighting.
h) Nameplate — a sign not exceeding one square foot
in area and bearing only the name of an occupant
of a premises, an address or post box number or
other identification not having commercial con-
notations.
i) Off -premise sign a sign or structure directing
attention to a business, commodity, service, or en -
2604
§ 5-105
APPENDIX A—ZONING § 5-105
which are not properly maintained, or which advertise
a use which has been abandoned shall be removed by
the permanent holder within thirty days after aban-
donment of the . principal use or may thereafter be re-
moved by the authorized official of the City with such
removal expense charged to the permanent holder.
5-105.8 Interior Advertising Displays Exempted
The use of interior' window areas of buildings in any
"C" or "I zoning district for the commercial display
of merchandise or products, including the use of in-
terior window services for display of, temporary signs,
as defined herein, shall not be subject to regulation by
the terms of this ordinance.
5-105.9 Non -Conforming Signs
Any sign which becomes a non -conforming sign at the
effective date of this ordinance or which becomes a
non -conforming sign at any future date shall be regu-
lated according to the rules set forth in .Article II of
this ordinance; provided further that no alteration, im-
provement or other change may be made to such non-
conforming sign. In the event that such non -conform-
ing sign shall be removed, or if the use to which the
non -conforming sign pertains is changed, any replace-
ment sign shall be made to conform to the maximum
area, maximum number, allowable structural type,
maximum projection, height, lighting, and motion re-
quirements for signs otherwise permitted in the zoning
district.
5-105.10 Signs on Multiple Frontage Lots
Zoning lots which have separate frontages on more
than one street, including through lots and corner lots,
shall not display signs along any one street frontage in
excess of the area permitted for that frontage alone.
2607
TABLE 5-105.2 Schedule of Comprehensive S
EXEMI
REGULATED SIGNS
SIG.
ZONING CON'TLE
DISTRICT. AND �'
C -C-3'
ALLOWABLE
MAXIMUM MAXIMUM STRUCTURAL P
AREA NUMBER TYPE
se See Cond.
Use
)rem- Same as C-4 Same as C-4 Same as C-4
Same as me as District District
C-4
tying 24 square 2 per mounted on
stitu- feet per building building
sings, building
mito-
halls,
and
C-5 Same
iings Free-standing
ction 1 square foot 2 per mounted on
or per 100 building building
sion- square feet
use, of floor
Tying area, but
as ofes- not to ex -
ants, ceed 100
oper- square feet
per building Free-standing
dying 100 square 3 mounted on
.1 in- feet per sign building
and not to
exceed 300
square feet
for the en-
tire district Free-standing
2612
gn Regulations--ConVd.
MAXIMUM
ROJECTION CONDITIONAL USE
NTO R.O.W. HEIGHT LIGHTING MOTION PROVISIONS
All signs in C-6 Dis-
trict mapped after ef-
fective date of Ordi-
nance shall be as noted
on approved Area De-
velopment Plan.
Signs in any C-6 Dis-
trict existing on effec-
tive date of Ordinance
shall be subject to reg-
ulations of C-3 Dis-
trict
dame as C-4 Same as Same as C-4
District C-4
0 below None None NOT APPLICABLE
eave or
parapet
0 6' None None
0 below indirect only None NOT APPLICABLE
eave or
parapet
0 10' No intermittent None
0 10' Indirect only, no None NOT APPLICABLE
intermittent
Art. XI
APPENDIX A—ZONING Art. XI
Yard — a required open space other than a court which is
unoccupied and unobstructed by any structure or portion
thereof from the natural ground level to the sky, except as
otherwise provided in Section 3-105 of this ordinance.
Yard, front — a yard extending between side lot lines
across the front of a lot adjoining a public street. In the case
of through lots, front yards shall be required on all frontages
of the lot. The depth of required front yards shall be meas-
ured at right angles to a straight line joining the foremost
points of the side lot lines. The foremost point of the side lot
line, in the case of rounded property corners at street inter-
sections, shall be assumed to be the point at which the side
and front lot lineswould have met without such rounding.
Front and rear front yard lines shall be parallel.
Yard, rear a yard extending across the rear of the lot
between inner side yard lines. In the case of through lots and
corner lots, there will be no rear yards, but only front and
side yards. Depth of a required rear yard shall be measured
in such a manner that the yard established is a strip of the
minimum width required by district regulations with its inner
edge parallel with the rear lot line.
Yard, side — a yard extending from the rear line of the
required front yard to the rear lot line, or in the absence of
any clearly defined rear lot line to the point on the lot
farthest from the intersection of the lot involved with the
public street. In the case of through lots, side yards shall ex-
tend from the rear lines of front yards required. In the ease
of corner lots, yards remaining after full- and half -depth front
yards have been established shall be considered side yards.
Width of a required side yard shall be measured in such a
manner that the yard established is a strip of the minimum
width required by district regulations with its inner edge
parallel with the side lot line.
Yard, special — a yard behind any required yard adjacent
to a public street, required to perform the same functions as
a side or rear yard, but adjacent to a lot line so placed or
oriented that neither the term "side yard" nor the term "rear
Supp. No. 1 2649
Art. XI
DUBUQUE CODE § 12-102
yard" clearly applies. In such cases, the Zoning Administrator
shall require a yard with minimum dimensions as generally
required for a side yard or a rear yard in the district, de-
termining which shall apply by the relation of the portion of
the lot on which the yard is to be located to the adjoining
lot or lots, with due regard to the orientation and location
of structures and buildable areas thereon.
ARTICLE XII. ADOPTION AND REPEAL OF
CONFLICTING ORDINANCES
Section 12-101 Effective date of ordinance provisions
This ordinance shall be in force and effect ten (10) days
from and after its final passage, adoption, and publication as
provided by law, except the provisions of Section 5-101.4 of
this ordinance regulating the parking and storage of vehicles
within residential districts, which provisions shall be in force
and effect beginning on October 1, 1976. (Ord. No. 32-76, § 1,
7-6-76)
Section 12-102 Repeal of conflicting ordinances
Upon the effective date and publication of this ordinance,
Ordinance No. 3-34 and all amendments thereto shall be, and
the same hereby are repealed. However, in the event that this
ordinance shall fail to become effective for any reason what-
soever, Ordinance No. 3-34 and all amendments thereto shall
remain in full force and effect.
Passed, adopted and approved this 4th day of August 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Donald R. Myers
Councilmen
Attest: Leo F. Frommelt
City Clerk
Supp. No. 1
2650
[The next page is 2951]
CODE COMPARATIVE TABLE
Ord. Section
No. Date Section this Code
40-80 6- 2-80 1, 2 Added 19-1, 19-2
3 19-3
4 Rpld 19-1, 19-2
42-80 6-16-80 1 App. A, §,
4-106.4
Supp. No. 7
2981
[The next page is 30011
CODE INDEX
AUTHORIZED EMERGENCY VEHICLES Section
Ambulances 18-16 et seq.
Ambulances. See that title
Defined 25-2
Traffic. See that title
AUTO SALVAGE YARDS
Junk and junk dealers 22-1 et seq.
Junk and junk dealers. See that title
AUTOMATIC CLOTHES WASHING MACHINES
Drain restrictions 30-7
AVENUES
Street defined to include 1-2
Streets in general. See: Streets and Sidewalks
B
BACTERIOLOGICAL WARFARE
Emergency succession in office 2-199 et seq.
Emergency succession. See that title
BAKERY PEDDLERS
Fee adjustment 28-26
Peddlers, canvassers and solicitors. See that title
BANKRUPT SALES
Going -out -of -business sales regulations 24-60 et seq.
Going -out -of -business sales. See that title
BARNS
Livestock keeping restrictions 7-2
Animals and fowl. See that title
BASEBALL GAMES
Municipal athletic field regulations 27-86 et seq.
Parks and recreation. See that title
BAWDY HOUSES
Prostitution, etc. 26-8
BEER AND WINE
Alcoholic beverage regulations __________ 5-1 et seq.
Alcoholic beverages. See that title
BELLS, CHIMES, ETC.
Noise, creating 26-143(g)
Ringing of _ 26-4
BENCHES AND TABLES
Parks, in 27-52
Parks and recreation. See that title
Supp, No. 4
3011
DUBUQUE CODE
BERRY BOXES AND CLIMAX BASKETS
Dimensions, weights
BEVERAGE VENDING MACHINES
Regulations for
Food and food services. See that title
Section
24-102
16-17 et seq.
BICYCLES
Clinging to vehicles - - .. 9-5,9-9
Fire apparatus, following 9-4
Lights __ 9-1
Obedience to traffic rules, etc. _. .__.. 9-10
Passengers, carrying _ 9-6
Registration
Records 9-26
Required 9-22
Sale or transfer, procedure upon 9-27
Tags
Altering, counterfeiting 9-25
Issuance, fee, term 9-23
Replacement 9-24
Riding abreast 9-7
Right -hand -curb, riding near required 9-8
Sidewalks, riding on __ 9-3
Towing by other vehicles 9-5
Traffic rules, etc.
Obedience required __.._. 9-10
Traffic in general __ _ _.-_.__.._. 25-1 et seq.
Use in parks 27-55
Warning devices 9-2
BILLBOARDS
Sign regulations _ 3-34 et seq.
Advertising. See that title
BILLIARDS
Generally 6-16 et seq.
Poolrooms and billiard parlors. See that title
BILLPOSTING
Park restrictions 27-47 et seq.
Parks and recreation. See that title
Regulated 3-14 et seq.
Advertising. See that title
BILLY CLUBS
Concealed weapons - 27-12
Firearms and weapons. See that title
Supp. No. 4
3012
CODE INDEX
BIRDS Section
Interfering with animals in parks 27-44
BLACKOUTS
Emergency succession in office
Emergency succession. See that title
Supp. No. 4
3012.1
2-199 et seq.
CODE INDEX
BOWLING ALLEYS Section
Definitions 6-43
Licenses
Exemptions 6-46
Fees 6-45
Required 6-44
BOWS AND ARROWS, SLINGSHOTS, ETC.
Use of 26-7
Firearms and weapons. See that title
BOXES, OPENING
Prohibited noise, noise regulations, etc. 26-139 et seq.
Noises. See that title
BRASS KNUCKLES
Concealed weapons 27-12
Firearms and weapons. See that title
BREAD
Weighing 24-106
BROTHELS
Prostitution, etc 26-8
BRUSH. See: Weeds and Brush
BUDGET
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
BUILDING INSPECTOR
Emergency succession in office 2-199 et seq.
Emergency succession. See that title
BUILDINGS
Building code and advisory appeals board
Established; membership; terms of office; rules and
regulations 10-2(204)
Building inspection division
Building official. See within this title that subject
Conflicts of interest 10-2(201)(3)
Established 10-2(201)(a)
Organization 10-2(201)(d)
Reports and records 10-2(202)(c)
Building official
Appointment of 10-2(201)(c)
Assistance and cooperation of other officials 10-2(202)(h)
Deputies 10-2(202)(b)
Enforcement powers 10-2(202)(a)
Jurisdiction over building inspection division 10-2(201)(a)
Supp. No. 6
3015
DUBUQUE CODE
BUILDINGS—Cont'd.
Liability of
Occupancy violations
Powers and duties of
Qualifications
Right of entry
Stop work orders
Code
Adopted
Amendments
Plumbing code adopted
Plumbing code. See: Plumbing
Condemned buildings
Housing authority right to demolish
Construction or repairs on buildings
Prohibited noise, noise regulations, etc
Noises, See that title
Construction permits on municipal docks, etc. See:
Municipal Waterfront and Docks
Dangerous buildings
Repair, demolition and removal of unsafe buildings. See
hereinbelow that subject
Demolition
Condemned buildings, housing authority
Permits
Repair, demolition and removal of unsafe buildings. See
hereinbelow that subject
Electrical code
Electricity. See that title
Enforcement
Building inspection division. See within this title that
subject
Fire extinguishing systems
Conflicting provisions
Fire prevention
Fire prevention. See that title
Flood areas
Flood areas. See that title
Heating, air conditioning and ventilating
Heating, air conditioning and ventilating. See that title
Historical preservation
Historical preservation. See that title
Housing
Housing. See that title
Inspections
Building inspection division. See within this title that
subject
Section
10-2(202)(g)
10-2(202)(f)
10-2(202)
10-2(201)(b)
10-2(202)(d)
10-2(202)(e)
10-1
10-2
30-1 et seq.
20-26
26-139 et seq.
Supp. No. 6 3016
20-26
10-5
13-1 et seq.
10-2(3806)
14-1 et seq.
15-16 et seq.
19-1 et seq.
191 -1 et seq.
20-1 et seq.
CODE INDEX
FIRE PREVENTION—Cont'd. Section
Enforcement 14-4
Modifications; power to modify 14-2(2.301)
Sample adopting ordinance repealed and deleted 14-2(App. J)
Violations, penalties 14-13
Conflicting provisions 14-12
Emergency situations 14-7
Fire alarm system
Damaging, interfering with 14-10
Fire hydrants caps, removing 14-11
Gasoline service stations and tank trucks 14-46 et seq.
Gasoline service stations and tank trucks. See also that
title
Housing
Housing. See that title
New materials 14-6
Smoking, carrying lighted objects
Specified places restricted 14-9
Special conditions 14-8
Violations, penalties 14-13
20-1 et seq.
FIRE SALES
Going -out -of -business sales regulations 24-60 et seq.
Going -out -of -business sales. See that title
FIRE SPRINKLER SERVICE
Water usage 36-162
Water and sewers. See that title
FIREARMS AND WEAPONS
Concealed weapons, carrying 26-12
Discharging firearms 26-13
Hunting with a bow and arrow 26-7
Parks, discharging in 27-50
Parks and recreation. See that title
Shooting gallery licenses 6-114 et seq.
Shooting galleries. See that title
Toy pistols, etc.
Sale and use of
Use of bows, arrows, slingshots, other missile -throwing
devices 26-7
FIRES, CONFLAGRATIONS, ETC.
Emergency location for city government 2-5
False reports 26-6
Setting fires on pavement 33-10
Streets and sidewalks. See that title
Starting in parks 27-57
26-14
Supp. No. 6
3037
DUBUQUE CODE
FIREWORKS Section
Discharging in parks 27-50
Parks and recreation. See that title
FIRMS
Person defined re 1-2
FISCAL YEAR
Designated 2-3
FLOOD AREAS
Designation 15-16
Entry
Permits 15-18
Restricted 15-17
Posting 15-16
Vacation of dwelling 15-19
FLOOD HAZARD OVERLAY DISTRICTS
Zoning regulations. See: Zoning (Appendix A)
FLORA PARK
Regulated 27-74
Public parks. See: Parks and Recreation
FLOUR
Weighing 24-105
FLOWERS
Damaging, defacing 26-17
FOOD AND FOOD SERVICES
Beverage vending machines. See within this title: Food
and Beverage Vending Machines
Central market restrictions 24-33 et seq.
Central market. See that title
Food and beverage vending machines
Disciplinary action for violations, unsanitary condi-
tions, etc. 16-25
Inspection of vending machine commissaries, vending
machines, etc. 16-24
License to operate
Application for
Agreement to maintain list, make available 16-19(b)
Form; information 16-19(a)
Exemption for operators of certain machines 16-18(b)
Expiration, renewal 16-18(a)
Fees 16-20
Food establishment, food -service licensing require-
ments
Licensed vending machines excepted from 16-22
Supp. No. 6
3038
CODE INDEX
FOOD AND FOOD SERVICES—Cont'd. Section
Identification tags for individual machines 16-23
Nontransferable 16-21
Required 16-18(a)
Violations
Disciplinary action for 16-25
Food -service establishments
Food service sanitation ordinance
Adopted 16-6
Amendments 16-8
Definitions 16-7
License to operate
Fee 16-9
Violations; penalties 16-10
Market restrictions 24-33 et seq.
Milk and milk products 16-28 et seq.
Milk and milk products. See that title
Peddlers' restrictions 28-1 et seq.
Peddlers, canvassers and solicitors. See that title
Slaughterhouses and meat -packing plants 16-48 et seq.
Slaughterhouses and meat -packing plants. See that title
FOOTBALL GAMES
Municipal athletic field regulations 27-86 et seq.
Parks and recreation. See that title
FOREST PRESERVE
E. B. Lyons Forest Preserve and Nature Center 27-73
FORFEITURES
Fines, forfeitures and penalties. See that title
Supp. No. 6
3038.1
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
Housing 20-1 et seq.
Housing. See that title
Mechanical code
Adopted 19-1
Amendments 19-2, 19-3
HEREDITAMENTS
Definitions for interpreting code 1-2
Supp. No. 7
3043
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 19'/2 -2
Demolition
Structures in historic districts 19'/2 -7
Historic districts
Alteration of structures in 19'/2 -8
Demolition of structures in 191/2 -7
Identification and designation of 19'/2 -6
Historic districts
Langworthy historic preservation district
Designated, review standards adopted .. 19'/2 -6.1
Historic preservation commission
Appeals from decisions of commission 191/2-10
Appointment of members 19'/2-3(b)
Chairman, vice-chairman 19'/2-4(a)
Compensation of members 191/2 -3(g)
Composition 19'/2 -3(a)
Meetings 191/2 -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'/2 -3(a)
Review of plans 191/2-9
Rules or bylaws for transaction of business 191/2 -4(c)
Secretary 191/ -4(b)
Terms of office of members 191/2 -3(c), (e)
Vacancies, filling 191/2-3(d), (f)
Purpose and intent of provisions 191/2 -1
Review of plans
Procedure for 191/2 -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. 7
3044
II
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 VEHICTRS
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
Apartments
Efficiency living units
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
Supp. No. 7
3045
20-5.05(j)(8)
20-5.06
20-5.05(j) (2)
DUBUQUE CODE
HOUSING—Cont'd.
Board
Housing code advisory and appeals board. See with-
in this title that subject
Building department
Housing services 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 Ways
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 yards requiring; use of con-
crete
Gutters
Hallways, stairs and other exit ways
Exit requirements
Accessibility, .number, etc.
Supp. No. 7
3046
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(j)(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
Administrative policies of city applicable to operations . 20-2.03(h)
Advice and recommendations to council 20-2.03(d)
Conduct off business 20-2.03(b)
Decisions appealable to council 20-2.03(c)
Established; membership; terms of offiee 20-2.03(a)
Members' attendance at meetings 20-2.03(e)
Open meetings required 20-2.03(f)
Reports to council 20-2.03(g)
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)
Supp. No. 7
3047
DUBUQUE CODE
HOUSING—Cont'd. Section
Presale and/or mortgage, etc., inspection
Fees 20-3.04(d)
When dwellings are subject to 20-3.03(b)
Kitchens
Dwelling classifications, kitchen requirements for 20-5.05(c)
Walls and floors of 20-5.05(e)
Lavatories. See within this title: Water Closets, Lavato-
ries, Etc.
Legislative findings 20-1.02
Liability of owner or occupant for 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 11 1/2 -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 11 V2-61 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)
Supp. No. 7
3048
CODE INDEX
HOUSING—Cont'd. Section
Rodent, insect and vermin control
Ratproofing; extermination of insects and/or rats;
screening and rat harborage 20-5.05(i)
Room dimensions
Ceiling heights 20-5.03(a)
Floor area 20-5.03(b)
Maximum density, minimum space and location; room
arrangement 20-5.03(d)
Width 20-5.03(c)
Sanitation facilities and requirements 20-5.05
Scope 20-1.04
Supp. No. 7
3048.1
CODE INDEX
HOUSING—Cont'd. Section
Showers. See within this title: Water Closets, Lava-
tories, Etc.
Space and occupancy standards
Access from building to street 20-5.01
Compliance required 20-5.0
Location of building on property 20-5.01
Stop -work orders 20-2.01(d)
Structural requirements
Compliance 20-6.0
Type and manner of construction 20-6.01
Substandard buildings, dwelling units and lots, abate-
ment of
Building structures .......... ... ... 20-2.02(a)
20-10.1
Notice and order of building official
Appeal from notice and order ........ ....... . 20-12
Emergency proceedings 20-11.05
Enforcement of order of building official or board
of appeals
Compliance generally 20-14,01
Extension of time to perform work 20-14.02
Interference with repair or demolition work pro-
hibited 20-14.03
Hearing on appeals
Decision, method and form of ........ 20-13.05
Generally .......... . . 20-13.01
Notice of hearing, form of 2043.02
Presentation of evidence 2043.04
Scope of 20-12.03
20-13.03
Initial proceedings by building official 20-11.01
Noncompliance and failure to appeal ....... ... 20-11.02
Effect of failure to appeal ....... .......... 20-12.02
Notice to vacate 20-11.04
Standards for orders of repair, vacation and dem-
olition 20-11.03
Staying of order under appeal 20-12.04
Repair or demolition work
Assessments
Certificate of 20-16.09
Collection of assessment, manner of; delinquen-
cy in payment 20-16,11
Contesting validity of 20-16.06
Filing copy of assessment with county auditor 20-16.10
Installment payment of — . ........... 20-16.07
Lien of assessment ........ ... ..... 2046.08
Supp. No. 5
• 3049
DUBUQUE CODE
HOUSING—Cont'd. Section
City performing work
Procedure and costs 20-15.01
Contesting validity of assessment 20-16.06
Debt to city, charge constitutes 20-16.05
Interference with prohibited 20-14.03
Recovery by city of cost
Account of expense; filing of report; contents 20-16.01
Filing protests and objections . 20-16.03
Hearing of protests 20-16.04
Report transmitted to council; hearing 20-16,02
Repair and demolition fund 20-15.02
Repayment of 20-16.12
Tenant
Eviction of by owner 20-2.04(1)
Title ................................... 20-1.01
Unsafe facilities
Building appendages 20-2.02(d)
Building service equipment 20-2.02(b)
Building structures 20-2.02(a)
Nuisance status; abatement generally 20-2.02(e)
Unsafe uses of buildings or building service equip-
ment 20-2.02(c)
Ventilation. See within this title: Heating, Lighting,
Etc.
Vermin control. See within this title: Rodent, Insect
and Vermin Control
Violations; penalties and other remedies; enforcement
procedures generally
Action to enjoin authorized 20-2.04(h)
Civil liability for maintaining violations .or nuisance
conditions .......................... 20-2.04(c)
Court order
Authority to seek 20-2.04(j)
Nature and terms of 20-2.04(k)
Eviction of tenant by owner 20-2.04(1)
Injunction, nature and terms of 20-2.04(i)
Lien on property, penalties to constitute 20-2.04(f)
Noncompliance with notice or order, civil liability
for 20-2.04(d)
Practice and procedure for enforceemnt generally 20-2.04(g)
Recovery of penalties, costs, etc. 20-2.04(e)
Rent uncollectible if premises is in violation 20-2.04(b)
Violations specified; declared misdemeanor; pen-
alties 20-2.04(a)
Walls and foundations
Maintenance 20-5.05(j)(3)3)
Multiple -dwelling walls, color of. 20-5.04(e)
Supp. No. 5
3050
CODE INDEX
HOUSING—Cont'd. Section
Water closets, lavatories, bathtubs and showers
Communal or public facilities 20-5.05(b)
Generally 20-5.05(a)
Installation and maintenance 20-5.05(g)
Plumbing fixtures 20-5.05(d)
Room separation 20-5.05(0
Walls and floors of bathrooms 20-5.05(e)
Yards and courts
Projections into yards 20-5.02(d)
Scope 20-5.02(a)
Yard specifications 20-5.02(b)
HOUSING REHABILITATION COMMISSION
Compensation 111/2 -47
Meetings 111/2-49
Membership; terms of office; vacancies; meetings; etc. 111/2 -46
Operating procedures 111/2 -51
Organization 111/2 -48
Purpose; responsibilities 111/2 -45
Staff 111/2 -50
HUMAN RELATIONS
Enforcement of civil rights
Cease and desist order 21-82
Complaints
Alternative judicial proceedings 21-83
Amendment of complaints 21-78
Execution 21-77
Filing 21-79
Time limitation for 21-79
Notice; investigations 21-81
Persons who may make 21-77
Staff proceedings on complaints 21-80
Failure to reach settlement by conciliation
Proceedings upon 21-81
Findings by commission; available remedies; etc. 21-82
Judicial review; enforcement actions 21-87
Procedural rules 21-85
Remedies
Available remedies 21-82
Provisional remedies 21-84
Unfair and discriminatory practices 21-39 et seq.
Unfair and discriminatory practices. See that title
HUMAN RIGHTS COMMISSION
Appointment off members 21-18
Cease and desist orders 21-82
Compensation 21-20
Complaints 21-77 et seq.
Supp. No. 6
3051
DUBUQUE CODE
HUMAN RIGHTS COMMISSION—Cont'd. Section
Composition 21-17
Confidential nature of complaints, etc. 21-26
Created 21-16
Definitions 21-1
Enforcement of civil rights 21-77 et seq.
Human relations. See that title
Failure to reach settlement by conciliation
Proceedings upon 21-81
Finding by commission on complaint, etc. 21-82
Judicial review, enforcement actions 21-87
Meetings 21-23
Quorum 21-24
Notices and investigations 21-80 et seq.
Officers 21-19
Policies of the city, applicability to commission
operations 21-28
Powers and general duties 21-27
Procedural rules 21-85
Provisional remedies 21-84
Records to be public, exceptions 21-25
Release from administrative process 21-83
Remedies available 21-82
Removal for unexcused absences 21-21
Rules 21-22
Terms of office 21-18
Unfair and discriminatory practices 21-39 et seq.
Unfair and discriminatory practices. See that title
Vacancies, filling 21-18
HUMAN RIGHTS DIRECTOR
Office created; appointment 21-31
HUNTING
Bows and arrows, with 26-7
I
ILL FAME, HOUSE OF
Prostitution or lewdness 26-8
INCINERATORS
Sale, installation restricted 17-2
INDECENCY AND OBSCENITY
Indecent exposure 26-11
Lewd places 26-8
Prostitution. See that title
Public parks, indecent exposure in 27-76
Supp. No. 6 3052
CODE INDEX
INDUSTRIAL DEVELOPMENT Section
Property tax exemption 35-12
Taxation. See that title
INDUSTRIAL PROJECTS
Industrial revenue bonds
Financing fee 111/2 -127
Investigation fee 111/a-126
INOCULATION
Rabies control regulations 7-45 et seq.
INSECT AND RODENT CONTROL
Housing 20-1 et seq.
Housing. See that title
Supp. No. 6
3052.1
CODE INDEX
LOW -RENT HOUSING—Cont'd. Section
Operating procedures 11½ -82
Purpose; approval of proposals 11½ -77
Housing program supervisor 11½ -62
Municipal housing agency designated 11½ -61
LUNCH WAGONS
Miscellaneous business regulations 24-3(3)
M
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
Appointment of 2-81
Powers and duties 2-85
Powers and general duties 2-82
MEAT -PACKING. See: Slaughterhouses and Meat -Packing
Plants
MECHANICAL CODE
Adopted 19-1 et seq.
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. 7
3056.1
CODE INDEX
MILK PEDDLERS Section
Fee adjustment 28-26
Peddlers, canvassers and solicitors. See that title
MIND READERS
Fortunetellers' license requirements 24-46 et seq.
MINIMUM HOUSING STANDARDS
Providing for 20-1 et seq.
Housing. See that title
MINORS
Alcoholic beverage offenses 5-7
Junk dealers, pawnbrokers, etc., dealing with 22-3
Model glue restrictions 26-87
Model glue. See that title
Roller skating rink regulations 6-146
Roller skating rinks. See that title
MISDEMEANORS
Defined 1-2
MISSILE ATTACK
Emergency succession in office 2-199 et seq.
Emergency succession. See that title
MISSILES
Throwing stones, sticks, etc. 26-7
MISSISSIPPI RIVER
Flood areas 15-16 et seq.
Flood areas. See that title
Municipal waterfront and docks 26-110 et seq.
Municipal waterfront and docks. See that title
MOBS
Assembling for purpose of rioting 26-30
Assemblies. See that title
MODEL GLUE
Definitions 26-84
Exemptions 26-88
Inhalation of fumes, prohibited 26-85
Minors, transactions with 26-87
Transfer or possession for unlawful purposes 26-86
MONTH, YEAR
Defined 1-2
MOORING PERMITS
Requirements 26-113
Municipal waterfront and docks. See that title
Supp. No. 6
3057
DUBUQUE CODE
MOTELS AND HOTELS
Accommodations or services
Prohibited practices
Unfair or discriminatory practices. See that title
Hotel and motel tax. See: Taxation
Miscellaneous business licenses 24-3(2)
MOTION PICTURE THEATERS
Theaters and halls 6-128 et seq.
MOTOR VEHICLES AND OTHER VEHICLES
Ambulances 18-16 et seq.
Ambulances. See that title
Coasting areas for sleighing, sleigh riding, etc. 33-11 et seq.
Gasoline tank trucks 14-66 et seq.
Service stations and tank trucks. See that title
Handbills, etc., placed in 3-19
Prohibited noise, noise regulations, etc. 26-139 et seq.
Noises. See that title
Traffic regulations 25-1 et seq.
Traffic. See that title
Vehicles hauling refuse, requirements 17-29
Garbage and trash. See that title
Washing vehicles in parks 27-59
Section
21-48
MOTORCYCLES
Use in parks 27-55
MUNICIPAL AIRPORT. See: Airports and Aircraft
MUNICIPAL ATHLETIC FIELD
Petrakis Park field regulations 27-87
Parks and recreation. See that title
MUNICIPAL CIVIL DEFENSE AGENCY
Created, etc 11-16 et seq.
Civil defense. See that title
MUNICIPAL FUNDS. See: Finances
MUNICIPAL PARKING GARAGES
Regulated 25-286 et seq.
Traffic. See that title
MUNICIPAL SEAL. See: City Seal
N
NARCOTIC DRUGS. See: Drugs and Medicines
NATIONAL ELECTRICAL CODE
Adopted 13-3
Electricity. See that title
Supp. No. 6
3058
CODE INDEX
POLICE DEPARTMENT—Cont'd. Section
Police whistles, using 31-2
Refusing admittance to officers 31-3
POLITICAL ACTIVITY
City manager, restrictions regarding 2-108 et seq.
POOLROOMS AND BILLIARD PARLORS
Closing hours 6-20
Definitions 6-16
Exceptions 6-22
Licenses
Exemptions 6-22
Fees 6-30
Required 6-29
Revocation 6-31
Multiple rooms
Exceptions for hotels 6-19
Restricted 6-18
Obstruction of interior view 6-17
POSTING BILLS
Advertising. See that title
Parks, in 27-47
Parks and recreation. See that title
POULTRY
Animals in general. See: Animals and Fowl
Chickens, rabbits and ducklings
Sales restricted 7-1
POWER EQUIPMENT
Noises prohibited 26-140, 26-143
POWER SERVICES
Specifications 13-16
Electrical code 13-1 et seq.
PREJUDICE AND DISCRIMINATION
Human relations provisions 21-1 et seq.
PROCESS. See: Writs, Warrants and Other Processes
PROCLAMATION
Emergency powers of mayor . , 2-84
Mayor's emergency proclamations, obedience . , , 11-1
Civil defense. See that title
PROFESSIONS
Occupational license requirements in general 24-1 et seq.
Licenses and permits. See that title
Supp. No. 6
3071
DUBUQUE CODE
PROJECTING SIGNS Section
Construction 3-53
PROPERTY
Acquisition, condemnation, dedication, etc.
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
Damaging, defacing
Generally 26-15
Grade stakes, etc., removing 26-16
Public park property 27-40 et seq.
Parks and recreation. See that title
Trees, plants, shrubs, flowers 26-17
Depositing garbage and trash on 17-17
Garbage and trash. See also that title
General definitions for interpreting code 1-2
Grade stakes, removing 26-16
Officers to transfer property to successors 2-74
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
Taxation; property taxes 35-6 et seq.
Taxation. See that title
Trees, plants, shrubs, flowers
Destruction of 26-17
PROSTITUTION
Bawdy house, brothel, house of ill frame, etc.
Resorting to, keeping, other offenses regarding 26-8
PUBLIC ADDRESS SYSTEM
Prohibited noise, noise regulations, etc. 26-139 et seq.
Noises. See that title
Supp. No. 6
3072
CODE INDEX
RAILROADS AND TRAINS—Cont'd. Section
Transit authority 36-72 et seq.
Transit authority. See that title
Unlawful deposits, etc. 32-3
RAT CONTROL
Animal food storage restricted 24-85
Construction restricted 24-84
Supp. No. 1
3074.1
CODE INDEX
RAT CONTROL—Cont'd. Section
Definitions 24-78
Enforcement 24-80
Eradication measures required upon notice 24-81
Enforcement 24-80
Garbage and refuse storage and accumulation 24-86
Inspections, correction orders and/or notices 24-82
Occupancy of noncomplying buildings restricted 24-84
Ratproofing, elimination and maintenance of premises,
etc. 24-79
Ratproofing required upon notice ...... 24-80
Removal of ratproofing 24-83
Rodent, insect and vermin control 20-5.05(e)
Housing. See that title
Storage of animal food restricted 24-85
REAL ESTATE, LAND
Defined 1-2
Property in general. See: Property
RECEIPT'S
Treasurer, duties 2-159 et seq.
City treasurer. See that title
RECORDS. See: Public Records
RECREATION 'DIRECT'OR
Emergency succession in office 2-199 et seq.
Emergency succession. See that title
Parks and recreation. See that title
REFUSE. See: Garbage and Trash
REGISTRATION'
Airport personnel 4-8
Bicycles 9-22 et seq.
Bicycles. See that title
RELEASES
Execution 2-8
RELIGIOUS RELATIONS
Human relations provisions 21-1 et seq.
RENTALS
Noisy equipment, rental of 26-146
REPEALS
Effect of repeal of ordinances 1-5
RESIDENTIAL AREAS
Circuses, carnivals, etc., excluded from 6-62
Supp. No. 5
3675
DUBUQUE CODE
RESOLUTIONS
Ordinance's saved . from repeal, other provisions not
included herein. See the . preliminary . pagesand
the adoptingordinance of this code
Section
RETAIL STORES
Smoking in 14-9
RETIREMENTS
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pagesand
the adopting ordinance of this code
REVOLVERS, RIFLES, ETC.
Concealed weapons 27-12
Firearms and weapons. See that title
RIGHT-OF-WAY
Street defined to include 1-2
Streets in general. See: Streets and Sidewalks
RINKS, SKATING. See: Roller Skating Rinks
RIOTS
Assembling for purpose of 26-30
Assemblies. See that title
RIVERS
Flood areas 15-16 et seq.
Flood areas. See that title
Municipal waterfront and docks 26-110 et seq.
Municipal waterfront and docks. See that title
RODENTS. See also: Rat Control
Housing 20-1 et seq.
Housing. See that title
ROLLER SKATING RINKS
Certain acts and persons prohibited 6-151
Cleanliness, sanitation, safety 6-150
Conduct of patrons 6-151
Definitions .............. 6-145
Intoxicants, drugs, loitering, idlers, etc.
Offenses regarding 6-146
Licenses.
Fees 6-147
Neighboring property owners consent 6-149
Required 6-146
Revocation 6-148
Minors, regulations. regarding 6-146(1)
Supp. No. 5
30761
CODE INDEX
SIDEWALKS Section
Street defined to include 1-2
Streets in general. See: Streets and Sidewalks
SIGNS
, Regulations 3-34 et seq.
Advertising. See that title
SIGNS, SIGNALS, ETC.
Traffic -control signs, signals and devices 25-28 et seq.
Traffic. See that title
SKATING RINKS. See: Roller Skating Rinks
SLAUGHTERHOUSES AND MEAT -PACKING PLANTS
Definitions 16-48
Exemptions 16-53
Hours of operation 16-52
Inspection, approval and meat prerequisite to purchase
by dealers 16-50
Inspections, approval of meat prerequisite to sale 16-49
Licenses
Application 16-61
Compliance with regulations prerequisite to 16-62
Fees and charges 16-63
Issuance
Generally 16-64
Prerequisites 16-62
Required prior to approval of meat 16-60
Revocation, suspension 16-66
Transferability 16-65
Sewage disposal 16-51
(SLEIGH RIDING
'Coasting areas, etc. 33-11 et seq.
SLINGSHOTS
Concealed weapons 26-12
Firearms and weapons. See that title
Use of 26-7
SLOT MACHINES
Gambling regulations 26-70
Gambling. See that title
SNOW AND ICE,
Coasting areas designated, etc. 33-11 et seq.
SNOW AND ICE REMOVAL
Abutting owner, duty 33-84 et seq.
Streets and sidewalks. See that title
3079
DUBUQUE CODE
SNOW AND ICE REMOVAL—Cont'd. Section
Traffic, regulations 25-338 et seq.
Traffic. See that title
SOCIETIES
Person defined re 1-21
SOLIGITOR. See: City Solicitor
ti
SOLICITORS
Peddlers' regulations 28-1 et seq.
Peddlers, canvassers and solicitors. See that title
SOUND AMPLIFICATION
Noise control provisions for traffic 25-59 et seq.
Traffic. See that title
Prohibited noise, noise regulations, etc. 26-139 et seq.
Noises. See that title
SPECIAL ASSESSMENTS
Accounts 2-164
General special assessment fund 2-6
Finances in general. See: Finances
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and
the adopting ordinance of this code
SPECIAL DISTRICTS
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and
the adopting ordinance of this code
SPECIAL SALES
Going -out -of -business sales regulations 24-60 et seq.
Going -out -of -business sales. See that title
SPITTING
Expectorating in streets 33-3
SPORTS
Municipal athletic field regulations 27:86et seq..
Parks and recreation. See that title
SPOTLIGHTS
Use in parks 27-54
STABLE'S
Livestock keeping restrictions 7-2
Animals and fowl. See that title
STAKES
Removing grade stakes, etc. 26-16
3080
CODE INDEX
STREETS AND SIDEWALKS—Cont'd. Section
Littering 33-4 et seq.
Obstructions
Central market, at 24-31
Central market. See that title
Generally 33-2
Parades and processions other than circus parades 33-8
Park obstructions 27-46
Parks and recreation. See that title
Pavement
Starting fires on 33-10
Peddlers
Persons without permits obstructing streets 33-2(1)
Permits
Curbs and driveways. See within this title that subject
Excavations. See hereinabove that subject
Planning and zoning commission powers 29-20
Planning and zoning commission. See that title
Playing in streets 33-6
Projecting signs 3-53
Advertising. See that title
Railroads and trains 32-1 et seq.
Railroads and trains. See that title
Traffic regulations regarding trains. See: Traffic
Sidewalk, driving on restricted 33-9
Sidewalks
Bicycles on 9-3
Snow and ice removal
Sidewalks
Abutting property owner's duty to remove from 33-84
City, removal by at property owner's cost 33-85
Collection of cost by city 33-86
Placing snow or ice in streets, alleys or on sidewalks 33-78
Snow removal operations 25-338 et seq.
Traffic. See that title
Spitting, expectorating 33-3
Stone, sand, wood, hay, garbage, etc.
Hauling through streets 33-4
Street
Defined 1-2
Subdivision streets, alleys and easements 34-66 et seq.
Unlawful deposts 33-5
Vacation of streets
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and the
adopting ordinance of this code
Vault, grating, cellar door open on 33-2(5)
Wood, lumber, brick, stones, etc., placed on 33-2
Supp. No. 6
3083
DUBUQUE CODE
STRIKES Section
Assembling for purpose of intimidation 26-31
SUBDIVISIONS
Alleys. See hereinbelow: Streets, Alleys and Easements
Applicability 34-4
Blocks
Length of 34-81
Lines 34-91
Numbering 34-83, 34-92
Remnant lots 34-93
Width of 34-82
Building permits
Issuance restricted 34-18
Conformance to city plan 34-5
Definitions 34-2
Easements. See hereinbelow: Streets, Alleys and Ease-
ments
Exceptional sized lots 34-57
Final plats
Certificates to accompany 34-44
Drafting requirements 34-42
Examination by commission 34-40
Information required to be shown 34-43
Installation and security for installation and mainte-
nance of improvements, etc.
May be made prerequisite for approval 34-45
Power to approve or disapprove 34-41
Purpose 34-38
Submission to commission 34-39
Submission to council, when 34-41
Improvements
Installation of 34-58
Lots
Area and dimensions 34-90
Exceptional sized lots 34-57
Modification of requirements 34-59
Monuments and markers
Corner of each lot 34-58(b)
Parks, playgrounds and schools
Dedication of sites 34-100
Permits
Issuance restricted 34-18
Plats
Recording required 34-17
Purpose of provisions 34-3
Preliminary plats
Drafting requirements 34-30
Effect, duration of approval 34-28
Supp. No. 6
3084
CODE INDEX
TRAFFIC—Cont'd. Section
Authorized emergency vehicles
Bicycles following fire apparatus 9-4
Defined 25-2
Operation of other vehicles, etc., on approach of 25-214
Privileges, rights, duties, etc. 25-167
Backing vehicles
Backing for purposes of parking in business districts 25-266
On highway 25-196
Bicycles 9-1 et seq.
Applicability 25-3
Bicycles. See that title
Defined 25-2
Blind curves. See hereinbelow: Hills, Blind Curves, Etc.
Blind persons. See within this title: Pedestrians
Bridge
Control of vehicles 25-221
Heavy vehicles prohibited on certain bridges 25-190
Overtaking vehicle on 25-199
Bus stops
Parking regulations 25-260
Buses
Manner of stopping 25-187
Motor carrier routes 25-172
Railroad crossings, certain vehicles to stop 25-186
School buses. See within this title that subject
Business district
Defined 25-2
Caterpillar wheels, heavy lugs
Restricted 25-163
Tires and wheels on vehicles. See within this title that
subject
Central market. See also that title
Traffic regulations 24-31
Chauffeur
Defined 25-2
Citations
Arrests and notice. See within this title: Violations
Clinging to vehicles
Bicycles 9-9
Coasting of vehicles 25-153
Collision. See within this title: Accidents
Combination vehicles
Size, weight and load restrictions 25-81 et seq.
Upgrade pulls, minimum speed 25-160
Commercial vehicle
Defined 25-2
Supp. No. 6
3089
DUBUQUE CODE
TRAFFIC—Cont'd. Section
Commissioner
Defined 25-2
Corners
Blind curves. See within this title: Hills, Blind Curves,
Etc.
Crest of grade
Overtaking vehicle on 25-199
Crossings
Railroad crossings. See within this title: Railroads and
Trains
Crosswalk
Defined 25-2
Pedestrians. See within this title that subject
Curb
Defined 25-2
Curves. See also within this title: Hills, Blind Curves, Etc.
Control of vehicles 25-221
Overtaking, meeting and passing on 25-199
Definitions 25-2
Disaster vehicles. See within this title: Authorized
Emergency Vehicles
Drag racing 25-171
Speed in general. See within this title: Speed Regula-
tions
Drawbars and safety chains
Use required, when
Driver or operator
Chauffeur, defined 25-2
Defined 25-2
Leaving motor vehicle unattended 25-151
Obstructions to driver's view 25-151
Operation of vehicles, various requirements. See else-
where herein specific subjects
Operator's or chauffeur's license
Display upon request 25-140
Driver's possession, required in 25-140
Driving while license denied, suspended, revoked . 25-142
Inspection of licenses prior to renting 25-148
Required 25-139
Restricted licenses 25-146
Unlawful use of licenses 25-141
Permitting unauthorized minor to drive 25-143
Reckless driving 25-168
Rentals
Inspections re 25-148
Records of 25-149
Renting motor vehicle to unlicensed persons 25-147
Supp. No. 6
25-161
3090
CODE INDEX
TRAFFIC—Cont'd. Section
Restricted licenses 25-146
Unauthorized persons, permitting to drive 25-144
Unlicensed chauffeur, employment 25-145
Driveway
Entering street from private roadway 25-213
Private road or driveway, defined 25-2
Emergency
Snow removal operations. See within this title that
subject
Emergency vehicles. See hereinabove: Authorized Emer-
gency Vehicles
Supp. No. 6
3090.1
CODE INDEX
TRAFFIC—Cont'd. Section
Gross weight
Defined 25-2
Handicapped persons
Parking spaces for. See within this title: Parking,
Stopping and Standing
Hauling dirt, manure, shavings, etc., through streets 33-4
Headlamps. See within this title: Equipment on Ve-
hicles
Heavy vehicles, prohibited on certain streets 25-162
Height of vehicles. See within this title: Size, Weight
and Load Restrictions
Hills and grades
Brakes to be set, etc. 25-150
Hills, blind curves, etc.
Coasting of vehicles down grade 25-153
Control of vehicles 25-221
Duty of driver approaching crest of 25-152
Overtaking vehicle, etc., on 25-199
Turning on curves, hills 25-175
Upgrade pulls, minimum speed 25-160
Hitchhiking. See within this title: Pedestrians
Holidays
Defined 25-2
Horns and warning devices
Equipment on vehicles. See within this title that
subject
Noise control. See within this title that subject
Hotels
Use of loading zones in front 25-259
Illinois vehicles entering city
Size, weight and load restrictions 25-88
Impoundment of vehicles
Removal of certain vehicles 25-278 et seq.
Inclines. See within this title: Hills, Blind Curves, Etc.
Intersections
Crosswalks. See within this title that subject
Defined 25-2
Right-of-way. See within this title that subject
Turning movements. See within this title that subject
Lamps on parked vehicles
Equipment on vehicles. See within this title that
subject
Laned roadway 25-200
Slow moving vehicles, etc. 25-200
Length of vehicles. See within this title: Size, Weight
and Load Restrictions
Supp. No. 2
3093
DUBUQUE CODE
TRAFFIC—Cont'd. Section
Licenses
Operator's or chauffeur's licenses 25-139 et seq.
Driver or operator. See within this title that sub-
ject
Registration of. vehicles. See within this title that
subject
Lighting devices on vehicles. See also within this title:
Equipment of Vehicles
Bicycles 9-1
Load restrictions. See hereinbelow: Size, Weight and
Load Restrictions
Loading and unloading
Parking restrictions. See within this title: Parking,
Stopping and Standing
Loading zones
In front of theaters, etc. 25-259
Loud signaling at night 25-120
Equipment on vehicles. See within this title that
subject
Noise control. See within this title that subject
Loudspeakers
Operation of advertising vehicles 25-189
Meeting of vehicles. See within this title: Overtaking,
Meeting and Passing
Metal tire
Defined ___ 25-2
Tires and wheels on vehicles. See within this title
that subject
Mobile homes
Maximum length 25-85
Motor carrier routes 25-172
Motor. truck
Defined 25-2
Motor vehicles and other vehicles. See also that title
Defined 25-2
Regulations relative to particular classes, types of
vehicles. See elsewhere herein specific ,subjects
Motorcycle
Defined 25-2
Headlamps. See within this title: Equipment on
Vehicles
Moving vehicle; into prohibited area 25-166
Mufflers
Noise ,control. See within this title that subject
Prevention of noise 25-121
Municipal parking -garages
Backing into spaces ` 25-288
Fee collection and traffic regulation devices __.._25-286
Supp. No. 2
3094',
CODE INDEX
TRAFFIC—Cont'd, Section
Park
Defined 25-2
Parking garages
Municipal parking garages. See hereinabove that
subject
Parking lot
Defined 25-2
Parking meters
Defacing, tampering with 25-330
Definitions 25-2, 25-321
Deposits. collection and disposition 25-331
Districts 25-326
Enforcement 25-332
Fee schedules 25-327
Exemption of persons holding resident parking
permits 25-328.1
Installation authorized and directed 25-322
Manner of construction, installation and marking 25-323
Maximum parking time 25-328
Exemption of persons holding resident parking
permits from 25-328.1
Municipal parking lots 25-305
Municipal parking lots. See within this title that
subject
Operation required, when 25-325
Resident parking permits
Persons holding exempted from certain provisions 25-328.1
Slugs, unlawful to use 25-329
Spaces 25-324
Parking, stopping and standing
Advertising vehicles 25-324
Airports and aircraft. See that title
Alleys
Parking in, generally 25-271
Parking under fire escape 25-264
Use required for loading and unloading, when ____ 25-263
Amount of traveled part of highway left for other
traffic 25-256(12')
Angle parking 25-258
Bus stops 25-260
Buses, manner of stopping 25-187
Business district
Backing for purposes of parking in 25-266
Crosswalk, on 25-256(5)
Parking, etc., within certain distance at an inter-
section 25-256(14)
Supp. No. 4
3097
DUBUQUE CODE
TRAFFIC—Cont'd.
Double parking
Fines
Driveway, blocking
Driveway entrance at fire station, at
Driving on private property without consent
Emergency vehicle privileges
Entrance to garage or driveway, opposite
Excavation, by
Fire escapes in alleys, under
Fire hydrant, at
Fire station entrance, at
Flashing beacon, stop sign, etc.
Parking in, etc., within certain distance
Garage or driveway entrance, opposite
Hand and arm signals, etc. See within this title:
Turning Movements
Handicapped persons, parking space for
Angular parking for handicapped persons
Specifications for
Designation of spaces generally
Findings of fact
Identification devices
Prohibited use of; penalties
Impoundment of vehicles in violation
Nonstate residents, handicapped parking for
Prohibited use of parking places
Purpose of provisions
Signs indicating use limitations
Placing at designated parking places
Violations, penalties
Impoundment of vehicles in violation
Illegal alley parking, etc., fine
Intersection, within
Loading and unloading
Business districts
Loading zones in front of theaters, hotels, etc.
Moving vehicle into prohibited area
Municipal parking lots. See within this title that
subject
Obstruction. See also within this title
Parking alongside or opposite
Official signs on curb markings, at
Other provisions applicable to, related to parking,
etc. See elsewhere herein other subjects as ap-
plicable
Supp. No. 4
3098
Section
25-256(10)
25-274
25-256(2)
25-256(8)
25-272
25-167
25-256 (11)
25-256(9)
25-264
25-264(4)
25-256(8)
25-256(6)
25-256(11)
25-346
25-346
25-345
25-348
25-349
25-350
25-348
25-344
25-347
25-348
25-349
25-274
25-256(3)
25-263
25-259
25-166
25-256(9)
25-256(13)
9
CODE INDEX
TRAFFIC—Cont'd. Section
Overtime parking, double parking, etc.
Fines 25-274
Municipal parking lots. See within this title that
subject
Parallel parking 25-258
Parking lots, use 25-265
Passenger zones 25-260
Private property
Parking on without owner's consent 25-273
Prohibited in specified places 25-256
Prohibited on designated streets or portions thereof
Time zones designated 25-257(c)
Vehicles not moved deemed stationary 25-257(b)
Where posted; exceptions 25-257(a)
Railroad cars, parking near certain streets .... 32-7
Railroad crossing, within certain distances-.25-256(7)
Removal of certain vehicles authorized
Prerequisites to release 25-278
Residences, in front of 25-262
Restrictions during snow removal 25-338 et seq.
Snow removal operations. See within this title that
subject
Right-of-way provisions applicable to ....... . 25-207 et seq.
Roadway side of another vehicle, etc. ....... 25-256(10)
Sale or storage of vehicle
Parking vehicles for purposes of 25-267
Sidewalk, on 25-256(1)
Signal required when stopping or decreasing speed -
suddenly ........ ..... ..... 25-179
Snow or ice removal
Parking in interference with 25-274(4)
Special permits for sale or storage purposes .... 25-267
Starting parked vehicles....................•... 25-173
Taxicab stands 25-261
Theaters, hotels, etc:
Loading zones in front of 25-259
Traffic -control signal, parking within certain dis-
tance 25-256(6)
Train signal, stopping required 25-185
Violations. See also within this title that, subject
Bond, posting 25-275
Effect of provisions 25-276
Fines 25-274
Inter -office procedures 25-277
Registration plates, evidentiary effect .• ..-.... 25-279
Removal of certain vehicles authorized, etc25-278 et seq.
Supp. No. 5
3099
DUBUQUE CODE
TRAFFIC—Cont'd. Section
Passenger zones
Parking regulations 25-260
Passengers
Bicycle passengers 9-6
Buses loading and unloading 25-187
School buses. See within this title that subject
Passing. See within this title: Overtaking, Meeting and
Passing
Peace officers
Authority to stop vehicles 25-21
Defined 25-2
Obedience to 25-16
Pedestrians
Bicycle regulations. See within this title: Bicycles
Blind persons
Duty of drivers approaching 25-243
White canes restricted 25-242
Control of vehicle in vicinity 25-221
Crosswalks. See also within this title that sub-
ject
Crossing at other than 25-238
Use of 25-240
Defined 25-2
Duty of driver re persons working on streets 25-237
Duty of driver to crossing pedestrians 25-239
Hitchhiking 25-241
Playing in streets 33-6
Rides, soliciting 25-241
Right-of-way. See also within this title that subject
Generally 25-236
Sidewalks. See within this title that subject
Walking on highways ... 25-244
White canes restricted to blind presons 25-242
Plates
Registration of vehicles. See hereinbelow that sub-
ject
Playing in streets 33-6
Pneumatic tire
Defined 25-2
Tires and wheels on vehicles. See within this title
that subject
Poles and wires
Fixtures on highway, accidents involving 25-47
Police vehicles
Authorized emergency vehicles. See within this title
that subject
Supp. No. 5
3100
CODE INDEX
TRAFFIC--Cont'd. Section
Posting of regulations 25-17
Private property
Parking restrictions. See within this title: Parking,
Stopping and Standing
Private road or driveway
Defined 25-2
Driveway regulations. See within this title: Drive-
ways
Entering street from _.._. 25-218
Processions. See hereinabove: Parades and Processions
Projecting load
Lamp or flag on 25-106
Projecting loads on passenger vehicles 25-82
Provisions
Posting required 25-17
Short title 25-1
Public or private driveway
Parking as to block. See within this title: Parking,
Stopping and Standing
Public parks, compliance with motor vehicle laws, etc. 27-60
Public safety commissioner. See within this title: Com-
missioner
Racing
Drag racing 25-171
Speed regulations. See within this title that subject
Supp. No. 4
3100.1
CODE INDEX
TRAFFIC—Cont'd. Section
Railroads and trains. See also that title
Defined 25-2
Grade crossings
Certain vehicles required to stop 25-186
Vehicles to stop when 25-185(b)
Railroad signs or signals, defined 25-2
Stopping required in obedience to train signal 25-185
Vehicles passing prohibited, when 25-199
Reckless driving 25-168
Red light in front of vehicle 25-114
Registration of vehicles
Evidentiary effect of registration plates and violations . 25-279
Plates
Display 25-79
Illuminating plates, lighting requirement 25-104
Method of attaching 25-80
Registration card
Signing, carried and exhibited, etc 25-78
Required 25-77
Regulations
Posting required
Removal of vehicles
Parking violators, as to 25-278
Rental vehicles
Inspection of licenses prior to renting 25-148
Records 25-149
Repairs 25-90
Rescue vehicles. See within this title: Authorized Emer-
gency Vehicles
Residence district
Defined 25-2
Residences
Parking in front off 25-262
Right-hand side of roadway
Driving on, exceptions 25-169
Right-of-way
Authorized emergency vehicles 25-214
Defined 25-2
Emergency vehicle privileges 25-167
Entering intersections from different highways 25-207
Entering street from private roadway 25-213
Left turns at intersections 25-208
Pedestrians. See within this title that subject
Stop intersections 25-210
Through streets and stop intersections
Stop signs to be erected, stopping required 25-211
Through streets, entering 25-209
25-17
Supp. No. 6
3101
DUBUQUE CODE
TRAFFIC—Cont'd. Section
Yield intersections 25-212
Roadway
Defined 25-2
Laned for traffic 25-200
Safety commissioner. See hereinabove: Commissioner
Sale or storage of vehicle
Parking restrictions 25-267
Sand, rocks, gravel, stones, water, other substances
Vehicles spilling loads on streets 25-87
School buses
Discharging pupils from; stopping and other safety
precautions 25-187.1
Railroad crossings, stopping required at 25-186
School district
Defined 25-2
School zones
Establishment, etc. 25-188
Semitrailer
Defined 25-2
Short title 25-1
Sidewalks
Bicycles on 9-3
Defined 25-2
Driving on 33-9
Parking in prohibited places. See within this title:
Parking, Stopping and Standing
Pedestrians. See within this title that subject
Signal lamps and devices
Equipment on vehicles. See within this title that subject
Signs, signals, etc.
Traffic -control signs, signals and devices. See within
this title that subject
Size, weight and load restrictions
Clearance and identification lights on trucks, etc. 25-105
Heavy vehicles on certain streets prohibited 25-162
Height of vehicles 25-84
Lamp or flag on projecting load 25-106
Loading beyond front 25-86
Maximum length of vehicles 25-85
Projecting loads on passenger vehicles 25-82
Scope and effect 25-81
Spilling loads on streets 25-87
Vehicles entering city from Illinois 25-88
Width of vehicles 25-83
Supp. No. 6
3102
CODE INDEX
TRAFFIC—Cont'd. Section
Slow moving vehicles
Roadways laned for traffic, on 25-200
Snow removal operations
Arterial streets 25-341
Emergency, declaration of 25-339
Obstructing vehicles, removal 25-343
Parking as to interfere with plowing or removal ____25-274(4), 25-338
Parking lots ._ 25-342
Streets other than arterial streets .. 25-340
Solid tire
Defined 25-2
Special permits to park vehicle for sale or storage 25-267
Speed regulations
Control of vehicle 25-221
Drag racing 25-171
Emergency vehicle privileges 25-1.67
Laned roadways, slow moving vehicles on 25-200
Minimum speed 25-222
Signal required when decreasing speed suddenly 25-179
Signs to be erected 25-223
Speed limits
Generally 25-220
Speed violation form 25-224
Upgrade pulls; minimum speed 25-160
Starting and standing. See within this title: Parking,
Stopping and Standing
Stop intersections
Right-of-way. See within this title that subject
Street or highway
Defined 25-2
Suburban district
Defined _ 25-2
Summons
Arrests and notices. See within this title: Violations
Taxicab stands
Parking regulations 25-261
Theaters
Loading zones in front of, use 25-259
Through highway
Defined 25-2
Through streets
Right-of-way. See within this title that subject
Tires and wheels on vehicles
Brake requirements 25-116 et seq.
Equipment on vehicles. See within this title that
subject
3103
DUBUQUE CODE
TRAFFIC--Cont'd. Section
Caterpillar wheels or heavy lugs restricted 25-163
Equipment on vehicles. See within this title that
subject
Flanges, studs, cleats, spikes on wheels 25-127
Metal tires prohibited 25-126
Pneumatic tires, defined 25-2
Projections on wheels 25-127
Restrictions as to tire equipment 25-125
Wheels turned to curb required, when 25-150
Towing of vehicles
Bicycles, towing _ 9-5
Drawbars and safety chains 25-161
Removal of certain vehicles 25-278 et seq.
Tractors
Truck tractor, defined _ 25-2
Traffic
Defined 25-2
Traffic code
Citation of 25-1
Traffic -control signs, signals and devices
Colored lights, signals, etc., interpreted, explained ____ 25-29
Control of vehicle in vicinity of flares, fuses, reflec-
tors, etc. __ 25-221
Emergency vehicle privileges 25-167
Interference with 25-31
Obedience required 25-28
Ordinances saved from repeal, other provisions not
included herein. See the preliminary pages and
the adopting ordinance of this code
Parking restrictions. See within this title: Parking,
Stopping and Standing
Traffic -control signal legend 25-29
Unauthorized signs, signals or markings 25-30
Unlawful possession of 25-31
Trailers
Defined 25-2
Semitrailer, defined 25-2
Size, weight and load restrictions. See within this
title that subject
Trains. See within this title: Railroads and Trains
Truck tractor
Defined 25-2
Trucks
Drawbars and safety chains 25-161
Motor truck, defined 25-2
Size, weight and load restrictions 25-81 et seq.
Upgrade pulls, minimum speed 25-160
3104
CODE INDEX
WATER AND SEWERS—Cont'd. Section
Violations
Notice of; requirements ___—________________ __________ 36-50
Privies, privy vaults, septic tanks, etc. 36-12(c)
Rates
Areas not served by public systems ________ 36-57
Costs of collection and accounting 36-60
Definitions 36-54
Established 36-56
Lien for failure to pay 36-59
Private facilities, disposal of wastes from ____ 36-58
Purpose 36-55
Slaughterhouses and meat -packing plants 16-51
Storm waters and other unpolluted drainage
Discharge of 36-29
Superintendent, duties 36-21
Testing discharges
Entering property for purposes of 36-38
Testing standards 36-37
Violations
Notice of 36-11.1
Penalty; indemnity to city ___. 36-11.1
Private disposal systems. See within this subtitle
that subject
Water department, duties 36-21
Water supply and distribution
Abandoned service pipes 36-95
Accounts, closing 36-100
Backfilling, approval required before 36-124
Breaks in lines, responsibility 36-94
City lines not connected to private systems 36-137
City's right to shut off service 36-96
Closing of accounts 36-100
Connections
Alterations to services 36-125
Application for service 36-118
Approval before backfilling 36-124
City or duly licensed plumbers only to make 36-121
City to make taps, when 36-120
City's authority to make after notice 36-116
Supp. No. 1
3112.1
CODE INDEX
WATER AND SEWERS—Cont'd. Section
City's authority to require 36-114
Minimum size of service pipe 36-123
No new taps outside city 36-120
Notice to owners 36-115
Private systems 36-137
Separate connections _ ._______________ 36-126
Service, material, method of laying 86-122
Tap charges 36-119
When completion required after notice 36-117
Consumers' duty re water heaters, etc., during
service shutoffs 36-97
Cross connections 36-137
Curb cocks 36-128
Definitions 36-92
Department inspectors, impersonation _ 36-103
Disclaimer of city responsibility for breaks 36-94
Fire hydrants
Use restricted 36-101
Fire lines 36-106
Gates on large services 36130
Inspections
City's right -of -access 3,6-102;
Interference with shutoff 36-132
Mains and pipes
Extending 36-105
Information as to location 36-104
Maintenance of shutoff by owner 36-133
Meters
Accuracy, testing 36-153
Check valves 36-152
City's right to repair without notice 36-151
Location, method of installation 36-147
Method of installing two or more in same building 36-149
Owner's duty to protect from damage 36-150
Rates. See within this subtitle that subject
Required 36-145
Services larger than two inches 36-148
Tampering with 36-151
When meter read 36-154
When owners responsible for purchase 36-146
Minimum size of service pipe 36-123
No connection between services 36-134
Provisions as part of contract 36-93
Rates
Bills, payment 36-164
Construction use 36-163
3113
DUBUQUE CODE
WATER AND SEWERS—Cont'd. Section
Fire sprinkler service 36-162
Residential, commercial and industrial uses 36-161
Service pipes
Required depth of 36-135
Service shutoffs and valve boxes 36-127
Services installed and maintained at expense of
owner 36-136
Stop box 36-129
Stopcock 36-131
Turning on service
City only to turn on service 36-99
City's responsibility 36-98
Waste cock 36431
WARFARE
Emergency location for city government 2-5
WATER CLOSETS
Plumbing regulations 30-1 et seq.
Plumbing. See that title
WATER DAMAGED GOODS SALES
Going -out -of -business sales regulations 24-60 et seq.
Going -out -of -business sales. See that title
WATER HEATING FACILITIES
Housing standards 20-74
Housing. See that title
WATER PLANT SUPERVISOR
Emergency succession in office 2-199 et seq.
Emergency succession. See that title
WATERFRONT. See: Municipal Waterfront and Docks
WEAPONS. See: Firearms and Weapons
WEEDS AND BRUSH
Duty of owner to remove 37-49
Notice to owner to remove 37-50
Compliance with removal notice required 37-51
Removal by city after owner's failure, etc. 37-52
WEIGHTS AND MEASURES
Berry boxes 24-102
Bottomless dry measures 24-103
B
read 24-106
City sealer 24-98
Climax basket 24-102
3114
CODE INDEX
ZONING (Appendix A)—Cont'd. Section
Building permits
General building permit required 7-103
Issuance during zoning reconsideration 10-4
Buildings. See also that title
Buildings, structures and uses of the city generally
Application and scope of provisions 3-103.8
Fronting on a public or approved private street re-
quired 3-106
Limitations on number
3-103.93104
Structures permitted above height limits
Bulk and yard regulations
Conformance to 1-103.1
Bulk plant service stations 14-48
Gasoline service stations and tank trucks. See that
title
Bulk regulations
Applicability and scope 3-103.5
C-1 Commercial district
Requirements 4-112
C-2 Local service commercial district
Requirements 4-113
C-3 Arterial business commercial district
Requirements 4-114
C-4 General commercial district
Requirements 4-115
C-5 Central business district
Requirements 4-116
C-6 Planned commercial district
Requirements 4-117
Certificate of zoning compliance 7-103
City buildings, structures and uses
Exemption from regulations 3-103.8
Collection of fees 10-102
Commercial and industrial districts
Off-street parking and loading space requirements ___. 5-104
Residential dwelling permitted in 5-106
Commission
Planning and zoning commission 29-16 et seq.
Planning and zoning commission. See that title
Conditional use permits
Requirements and procedure 6-106
Conditional uses
Application and scope 3-102.2
District requirements. See herein specific districts
Temporary uses permitted as conditional uses in any
district 5-107
Supp. No. 4
3117
DUBUQUE CODE
ZONING (Appendix A)—Cont'd.
Definitions
Districts
Application of regulations
District regulations
Establishment, designation
Temporary uses permitted as conditional uses in any
district
Exemptions from provisions
Fee schedule
Fences, walls and hedges
Flood hazards
Special flood hazard overlay districts
General provisions
Construction
Provisions. See within this title that subject
General statement of intent. See herein specific dis-
tricts
Height limits
Structures permitted above 3-103.9
H -I Heavy industrial district
Requirements 4-120
Historic districts 193e-6 et seq.
Historical preservation. See that title
Home occupations
Accessory uses 5-101.3
Requirements 4-118
Intent. See herein specific districts
L -I Light industrial district
Requirements
Licenses
Construed
Section
Art. XI
1-103,4-101
4-101 et seq.
1-101
5-107
3-103.7, 3-103.8
10-101 et seq.
3-105.3
4-111.2
3-101 et seq.
3-101
ID Institutional district
4-119
3-102.5
Liquor and beer premises locations 6-27
Lot size requirements 3-103.4
Lots
All lots to front on a public or approved private
street 3-106
Reduction of required lots and yards prohibited 1-103.4
Visibility on residential corner lots
Maintenance of required 5-102.2
Yards and open spaces. See within this title that
subject
Map
Official zoning map 1-102
Minimum requirements 3-102.1
Supp. No. 4
3118
CODE INDEX
ZONING (Appendix A)—Cont'd. Section
Nonconformities
Amortization provisions 2-109
Extension or enlargement 2-102
General statement of intent 2-101
Limitation on repairs and, maintenance 2-107
Nonconforming lots of record 2-103
Nonconforming structures 2-105
Nonconforming uses of land, etc. 2-104
Nonconforming uses of structures, etc. 2-106
Uses under conditional use permit provisions not
nonconforming 2-108
Supp. No. 4
3118.1