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1 Supplement No. 09 - Code of Ordinances -ti « TABLE OF CONTENTS—Cont'd. Chapter 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 19'/2. Historical Preservation 1171 20. Housing Regulations 1205 21. Human Relations 1283 Art. I. In General 1283 Art. II. Human Rights Commission 1285 Art. II1/2. 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. JI. Licenses 1354 23. Library 1405 24. Licenses and Miscellaneous Business Regula- tions 1459 Art. I. Occupational Licenses Generally 1459 Art. II. Central Market 1463 Art. III. Fortunetellers, Etc. 1466.1 Art. IV. Going -Out -of -Business Sales 1466.2 Art. V. Rat Control 1468 Supp. No. 8 xix DUBUQUE CODE Chapter Page Art. VI. Commercial Practices 1473 Div. 1. Generally 1473 Div. 2. Weights and Measures 1474 25. Motor Vehicles and Traffic 1527 Art. I. In General 1527 Art. II. Administration and Enforcement .. 1534 Div. 1. Generally 1534 Div. 2. Traffic -Control Devices 1536 Art. III. Accidents 1540 Art. IV. Noise Control 1542 Art. V. Motor Vehicles 1545 Div. 1. Generally 1545 Div. 2. Equipment 1552 Art. VI. Operation 1566 Div. 1. Generally 1566 Div. 2. Overtaking and Passing 1584.1 Div. 3. Right -of -Way 1585 Div. 4. Speed 1590.11 Art. VII. Pedestrians 1591 Art. VIII. Stopping, Standing and Parking 1593 Div. 1. Generally 1593 Div. 2. Municipal Parking Garages ... 1602 Div. 3. Municipal Parking Lots 1605 Div. 4. Parking Meters 1609 Div. 5. Restrictions During Snow Re- moval 1614 Div. 6. Parking Space for the Handi- capped 1616 26. Offenses and Miscellaneous Provisions 1667 Art. I. In General 1667 Art. II. Assemblies 1673 Art. III. Blasting 1674 Div. 1. Generally 1674 Div. 2. Permit 1675 Art. IV. Gambling 1677 Art. V. Model Glue 1678 Art. VI. Reserved 1679 Supp. No. 8 %% TABLE OF CONTENTS—Cont'd. Chapter Page Art. VII. Noises 1680 Div. 1. Generally 1680 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 1756.2 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 31. Police 1983 32. Railroads 2033 Supp. No. 8 xxi DUBUQUE CODE Chapter Page 33. Streets, Sidewalks and Public Places 2087 Art. I. In General 2087 Art. II. Curbs and Driveways 2091 Div. I. 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 Art. V. Sidewalk Repairs 2099 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 2214 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 Div. 3. Private Disposal Systems 2269 Div. 3A. Private Haulers 2274 Supp. No. 8 § 16-29 FOOD AND FOOD HANDLERS § 16-36 Sec. 16-29. Grade of products. Only Grade A pasteurized milk and milk products shall be sold to the final consumer, or to restaurants, soda fountains, grocery stores, or similar establishments; provided, that, in an emergency, the sale of pasteurized milk and milk products which have not been graded, or the grade of which is un- known, may be authorized by the health authority; in which case, such milk and milk products shall be labeled "ungraded." (Ord. No. 51-72, § 2, 8-21-72) Secs. 16-30-16-35. Reserved. DIVISION 2. MILK PLANTS Sec. 16-36. Permit fees. (a) Every person that operates a milk plant and brings into, sends into, or receives in the city, milk or milk products, shall pay a monthly permit fee of two cents ($0.02) for each one hundred (100) pounds of such milk or milk products to the officer authorized to investigate the accuracy of the per- mit fees paid hereunder. (b) On or before the twentieth day of each month, the per- mittee shall file with the city treasurer a statement showing amounts of milk handled in the preceding month together with its remittance for the full amount due. (c) An additional ten (10) percent penalty shall attach for failure to pay such fees when due. Failure to pay monthly permit fees when due shall be grounds for revocation or sus- pension of the permit. (d) Any person who shall have paid a fee to any munici- pality which enforces standards equivalent to the requirements of this section shall be entitled to a credit against the permit fee established herein in the amount so paid but not in excess of two cents ($0.02) per one hundred (100) pounds of milk or milk products ; provided, however, that, in order to be entitled to such credit, the permit holder shall first exhibit satisfactory evidence of such payment to such other munici- 963 § 16-36 DUBUQUE CODE § 16-48 pality and that such municipality extends reciprocal credits against its fees for amounts paid to this city. (Ord. No. 52-73, § 1, 11-26-73) Secs. 16-37-16-47. Reserved. ARTICLE IV. SLAUGHTERHOUSES AND MEAT -PACKING PLANTS DIVISION 1. GENERALLY Sec. 16-48. Definitions. Where used in this article, the following words, phrases, names and terms shall be construed as indicated in this sec- tion: Animal shall mean any cattle, sheep, swine or goat. Carcass shall mean all parts, including viscera, of a slaugh- tered animal that are capable of being used for human food. Establishment shall mean a business, including the building and the grounds upon which the same is located, that engages in the trade of slaughtering animals for human consumption, or prepared meat products, or meat food products for human consumption, except licensed restaurants. Government regulations shall mean meat and poultry in- spection manual, U.S.D.A., May, 1973 and Supplements. Inspector shall mean an inspector of the city health depart- ment, or his authorized representative. Meat food product shall mean any article of food, or any article that may enter into the preparation of food for human consumption, which is derived in whole or in part, from any carcass as herein defined. Meat product shall mean any edible part of the carcass of an animal that is not cured, smoked, or otherwise processed. (Ord. No. 7-58, § 1, 2-3-58) Cross reference—Rules of construction and definitions generally, § 1-2. 964 § 17-32 GARBAGE, TRASH AND REFUSE § 17-35 ices may apply for such collection services from the city manager. The collection rate will be determined from the fee schedule set forth in section 17-36. The city reserves the right to refuse garbage and refuse collection service because of quantities or characteristics beyond the capacity or capability to be handled efficiently by city personnel and equipment. (Ord. No. 53-76, § 2, 10-4-76; Ord. No. 19-79, § 1, 3-19-79) Sec. 17-33. Frequency, time and areas of collection. is' -2 (a) Collections shall be made not more than twice weekly, at such time and in such areas of the city as shall be set out in schedules prepared by the city manager. (b) The city manager is hereby authorized and empowered to change or amend collection schedules from time to time as he, in his discretion, shall deem necessary. (Ord. No. 53-76, § 2, 10-4-76) Sec. 17-34. Placement of containers for collection. (a) Where collections are made from alleys, garbage and refuse containers shall be placed at the property line abutting the alley on the days designated in such schedule. (b) Where collections are made from the street, garbage and refuse containers shall be placed in the street on the property side of the curb on the days designated in said schedule. However, such containers shall be placed so as not to interfere with vehicular and pedestrian traffic and when emptied shall be promptly removed by the occupant of the premises. (Ord. No. 53-76, § 2, 10-4-76) Sec. 17-35. Limitation on quantity collected from class I premises. The quantity of garbage and refuse to be collected by the city shall not exceed one hundred twenty (120) gallons per week for each class I premises unit as defined in section 17-16. (Ord. No. 53-76, § 2, 10-4-76; Ord. No. 19-79, § 1, 3-19-79) Supp. No. 6 1023 § 17-36 DUBUQUE CODE § 17-36 Sec. 17-36. Charges—Amounts; exceptions. (a) Class I premises. Except as qualified below, a fee of three dollars and seventy-five cents ($3.75) per month shall be charged by the city and collected from each owner of a class I premises for such service effective January 1, 1980. Said charge or fee shall be in payment for collection and disposal of garbage and refuse as defined. Exceptions to the collection charge for class I premises are as follows: (1) When a class I premises has been vacant for a period of three (3) consecutive months or longer the owner may apply for a credit under procedures to be established by the city manager. Such exemption shall continue only so long as the class I premises is vacant. (2) A class I premises when the head of household is sixty-five (65) years of age or older and with a per family annual income of six thousand six hundred dollars ($6,600.00) or less may, upon application, be exempted from one-half (1/2) the established collection charge. Subsequent to initial application and eligibili- ty, annual application must be made July 1 of each year to verify annual income and eligibility. (3) In cases of extreme financial hardship the city manager may, and is hereby authorized and empow- ered to, make adjustments in the monthly collection charge. In all such cases the city manager shall have the authority to require such proof of vacancy, financial status, age or extreme hardship as he may deem necessary. (b) Class II premises. The city shall continue to collect from class II premises currently receiving such service. The charge for such collection service shall be based upon the average weekly quantity of garbage and refuse being collected, as determined by the city manager. The rate charged shall be a multiple of the rate charged class I premises as follows: Supp. No. 6 1024 § 17-36 GARBAGE, TRASH AND REFUSE § 17-37 (1) Zero (0) to one hundred twenty (120) gallons of garbage and refuse per week shall be charged the class I premises rate times one (1). (2) The next one hundred twenty (120) gallons per week or fraction thereof shall be charged the class I premises rate times seventy-five one -hundredths (0.75). (3) All additional units of one hundred twenty (120) gallons per week or fraction thereof shall be charged the class I premises rate times five -tenths (0.5). A class II premises no longer wishing to be served by city garbage and refuse collection shall provide the city with thirty (30) days' written notice of its intent to terminate the service. Such termination of service shall be effective with the next billing period. (Ord. No. 53-76, § 2, 10-4-76; Ord. No. 19-79, § 1, 3-19-79; Ord. No. 77-79, 12-17-79) Sec. 17-37. Same—Billing and collection. (a) Initially, the city manager shall bill for collection service from a record of accounts registered for billing on January 1, 1980. Subsequently, the city manager is authorized to bill tenants upon the request of the property owner according to a procedure to be established by the city manager. The property owner in such cases shall agree to provide data on tenants' movements. In cases of no city water or sewer service the city shall bill the owner. (b) Class I premises accounts shall be billed bimonthly. Class II premises accounts shall be billed monthly. All collection charges are payable in advance. (c) The collection of garbage and refuse as provided by this division from class I premises and maintenance of the availability of such service, whether or not such service is used regularly or not at all by the owner of such class I premises, is hereby declared a benefit to said premises at least equal to the monthly charges specified in this division, and in case of failure to pay the monthly charge when billed as heretofore provided, then the monthly charge shall Supp. No. 6 1025 § 17-37 DUBUQUE CODE § 17-45 become a lien against the property benefited or served and shall be collected in the same manner as general property taxes. (d) At least annually the city manager shall prepare a delinquent list of persons failing to pay the monthly charge required by this division, listing the class I premises for which the service was rendered and the amount due therefrom. Resolutions shall thereupon be prepared assess- ing the delinquent charges to the properties so benefited. Such resolutions, properly passed by the city council, shall be certified by the city clerk to the county auditor and same shall then be collected with, and in the same manner as, general property taxes. (Ord. No. 53-76, §§ 3-5, 10-4-76; Ord. No. 19-79, § 1, 3-19-79; Ord. No. 77-79, § 12-17-79) Secs. 17-38-17-43. Reserved. DIVISION 3. PRIVATE COLLECTION SERVICE Sec. 17-44. License—required. No person, firm, or corporation shall engage in the business of removing or hauling garbage or refuse from the premises of others unless such person, firm or corporation shall have first applied for and received a permit to do so from the city manager. The issuance of this license shall be in the manner prescribed and subject to the terms of article I of chapter 24 of this Code. (Ord. No. 53-76, § 10, 10-4-76) Sec. 17-45. Same—Application; fee. Application for such license shall specify the equipment of vehicles to be used, the route to be traveled, the places to be served and the name and residence of the applicant, and such person, firm or corporation shall pay an annual license fee of twenty-five dollars ($25.00) per year for each vehicle engaged in such business to be paid at the office of the city treasurer. (Ord. No. 53-76, § 10, 10-4-76) Supp. No. 6 1026 § 17-46 GARBAGE, TRASH AND REFUSE § 17-54 Sec. 17-46. Same—Display of license number on ve- hicle. All vehicles licensed under this division shall prominently display the license number on the left and right sidesof the vehicle in letters not less than three (3) inches high. (Ord. No. 53-76, § 10, 10-4-76) Secs. 17-47-17-53. Reserved. ARTICLE III. DISPOSAL DIVISION 1. GENERALLY Sec. 17-54. Definitions. For the purpose of this article the following defnitions shall apply: City shall mean the city and shall include all land within the corporate limits of the city and all land beyond the corporate limits over which the city has legal jurisdiction. It shall also mean its officers, officials, or representatives. Health officer shall mean a representative of the board of health of the city. Garbage shall mean any and all refuse from food incidental to its preparation or use for human consumption. Refuse shall mean any and all solid waste from the community. (Ord. No. 4-68, § 1, 2-7-68) Cross reference—Rules of construction and definitions generally, § 1-2. Supp. No. 6 1026.1 Chapter 191/2 HISTORICAL PRESERVATIQN* Sec. 191/2-1. Purpose and intent. The purpose of this chapter is to : (1) Promote the educational, cultural, economic and gen- eral welfare of the public through the protection, en- hancement and perpetuation of districts of historic and cultural significance; (2) Safeguard the city's historic, aesthetic, and cultural heritage by preserving districts of historical, archi- tectural, and cultural significance; (3) Stabilize and improve property values; (4) Foster civic pride in the legacy of beauty and achieve- ments of the past; (5) Protect and enhance the city's attractions to tourists and visitors and the support and stimulus to business thereby provided; (6) Strengthen the economy of the city; and (7) Promote the use of districts of historic and cultural significance as sites for the education, pleasure, and welfare of the people of the city. (Ord. No. 18-77, § 1, 4-4-77) Sec. 191/2-2. Definitions. Certificate of appropriateness. A document evidencing ap- proval by the historic preservation commission of a proposal to make a material change of use or appearance which must be obtained before a "regulated permit" may be issued. *Editor's note—Ord. No. 18-77, §§ 1-8, adopted April 4, 1977, did not expressly amend this Code; hence, inclusion herein as a new Ch. 1911, §§ 191/2 -1-191/2-11, is at the discretion of the editor. Cross references—Advertising, Ch. 3; buildings and building regula- tions, Ch. 10; planning and zoning commission, Ch. 29, Art. II; zoning, App. A. Supp. No. 2 1171 § 191/2-2 DUBUQUE CODE § 191/z-2 Commission. The Dubuque Historic Preservation Commis- sion, as established by this chapter. Historic district. An area containing a significant propor- tion of buildings, structures, or other improvements which, considered as a whole : (1) Represent one or more distinctive styles or periods of architecture, or methods of construction, or both; (2) Are associated with persons or events that have made significant contributions to the course of local, state or national history; or (3) Possess a coherent and distinctive visual character or integrity based upon similarity of scale, design, color, setting, workmanship, materials, or combination thereof, which is deemed to add significantly to the value and attractiveness of properties within such area. Material change of appearance. Any change, alteration or modification of the external appearance of a building, im- provement, or property within an historic district specific- ally limited to : (1) Changes in the exterior size, configuration, fenestra- tion, or other structural features of the property; (2) Demolition or removal of all or any part of an historic or architecturally significant structure; Any excavation on property or the deposit of any waste, fill, or other material on property; or (4) Any alteration in the size, location, or appearance of any sign on the property. This definition shall pertain only to material changes of ap- pearance which are visible from the public way, and for which a permit is required for compliance with the appli- cable local codes. Furthermore, nothing in this definition shall be construed to prohibit or limit normal repairs or main- tenance which do not involve alterations or changes in the external appearance of property. Supp. No. 2 (3) 1172 § 191/2 -2 HISTORICAL PRESERVATION § 191/2 -3 Regulated permit: A permit issued by the building commissioner, city engineer, or other official of the city according to provisions of the building code, demolition code, or other ordinance or regulation, and which permit is regulated by this chapter when: (1) The issuance of such permit would occasion a material change in appearance, herein defined, on a structure or site; and (2) The site of such permit is located within an historic district established pursuant to this chapter. (Ord. No. 18-77, § 2, 4-4-77) Sec. 191/2-3. Historic preservation commission— Established; membership; term of office; vacancies in office; quorum. (a) The commission shall initially consist of seven (7) members who shall be residents of the city. (b) Members of the commission shall be appointed by the mayor with the advice and consent of the council. The members shall be appointed as follows: one from a list of persons nominated by the Dubuque Board of Realtors; one from a list of persons nominated by the Dubuque County Historical Society; and five (5) at -large members, each of whom shall possess professional qualifications evidencing expertise in architecture, law, construction or building rehabilitation, city planning, or conservation in general. In the event that names are not submitted by the appropriate organization within sixty (60) days of the receipt of the request, the mayor may proceed to fill these positions in the same manner as members -at -large; as historical districts may hereafter be created, one member shall be appointed from each district. (c) The original appointment of the members of the commission shall be: three (3) for one year; two (2) for two (2) years, and two (2) for three (3) years, from March 1 following the year of such appointment or until their successor is named to serve out the unexpired portion of Supp. No. 6 1173 § 191/2 -3 DUBUQUE CODE § 19'/2 -4 their term of appointment or until their successor is appointed to serve for the term of three (3) years. Members appointed from designated historical districts shall serve three-year terms. (d) Vacancies occurring in the commission, other than [through] expiration of term of office, shall be only for the unexpired portion [of the term] of the member replaced. (e) Members may serve for more than one term, and each member shall serve until the appointment of a successor. (f) Vacancies shall be filled by the mayor according to the original selection as aforesaid. (g) Members shall serve without compensation. (h) A simple majority of the commission shall constitute a quorum for the transaction of business. (Ord. No. 18-77, § 3, 4-4-77) Sec. 191/2-4. Same—Election of officers; organization; rules and bylaws, conduct of meetings; record of actions; attendance at meet- ings; reports to council. (a) The historic preservation commission shall elect from its membership a chairman and vice-chairman, whose terms of office shall be fixed by the commission. The chairman shall preside over the commission and shall have the right to vote. The vice-chairman shall, in cases of absence or disability of the chairman, perform the duties of the chairman. (b) The city manager shall designate a person to serve as secretary to the commission. The secretary shall keep a record of all resolutions, proceedings and actions of the historic preservation commission. (c) The commission shall adopt rules or bylaws for the transaction of its business, which shall provide for the time and place of holding regular meetings. They shall provide for the calling of special meetings by the chairman or by at least three (3) members of the commission. All regular or Supp. No. 6 1174 § 19'/z -4 HISTORICAL PRESERVATION § 19 1/2 -5 special meetings of the commission shall be open to the public, and any person shall be entitled to appear and be heard on a matter before it reaches its decision. (d) The commission shall keep a record which shall be open to the public view, of its resolutions, proceedings and actions. The vote or failure to vote of each member shall be recorded. The concurring affirmative vote of a majority of those members present shall constitute approval of plans before it for review, or for the adoption of any resolution, motion or other action of the commission. The commission shall submit a report of its activities to the council and may make such recommendations to the council as it deemes necessary to carry out the principles of this chapter. (e) Members of the historic preservation commission shall attend at least two-thirds (2/3) of all regularly scheduled meetings within any 12 -month period. If any member does not attend such prescribed number of meetings, it shall constitute grounds for the commission to recommend to the city council that said member be replaced. Attendance of all members shall be entered on the minutes. (f) The historic preservation commission shall file with the city council a copy of the minutes of each regular and special meeting of the commission within ten (10) working days after each such meeting. (Ord. No. 18-77, § 4, 4-4-77; Ord. No. 83-79, § 1, 12-17-79) Sec. 191/2-5. Same—Powers and duties generally; pro- cedures for operations. (a) In addition to those duties and powers specified below, the commission may, with council approval: (1) Accept unconditional gifts and donations of real and personal property, including money, for the purpose of historic preservation. (2) Acquire by purchase, bequest, or donation, fee and lesser interests in historic properties, including properties adjacent to or associated with historic properties. Supp. No. 6 1175 § 19 1/2 -5 DUBUQUE CODE § 19 1/2 -5 (3) Preserve, restore, maintain and operate historic properties under the ownership or control of the commission. (4) Lease, sell, and otherwise transfer or dispose of historic properties, subject to rights of public access and other covenants, and in a manner that will preserve the property. (5) Contract, with the approval of the governing body, with the state or the federal government or other organizations. (6) Cooperate with the federal, state and local govern- ments in the pursuance of the objectives of historic preservation. (7) Participate in the conduct of land use, urban renewal, and other planning undertaken by the governing body. (8) Recommend ordinances or otherwise provide informa- tion for the purposes of historic preservation to the governing body. (9) Promote and conduct an educational and interpretive program on historic properties within its jurisdiction. (10) Enter, only in performance of its official duties and only at reasonable times, upon private lands for examination or survey of the lands. However, the commission shall not enter a private building or structure without the express consent of the owner or occupant. (b) All administrative, personnel, accounting, budgetary and procurement policies of the city shall govern the historic preservation commission in all of its operations. (Ord. No. 18-77, § 5(h), 4-4-77; Ord. No. 83-79, § 2, 12-17-79) Editor's note—Ord. No. 83-79, § 2, adopted Dec. 17, 1979, amended the Code by adding provisions designated § 19'/x-5(12). For purposes of classification, and to facilitate indexing and reference, said provisions have been included herein as subsection (b) of § 191/2 -5. Supp. No. 6 1176 § 19 1/2 -6 HISTORICAL PRESERVATION § 19 1/2 -6.1 Sec. 191/2-6. Identification and designation of historic jP districts. (a) The commission may conduct studies for the identifi- cation and designation of historic districts meeting the definitions established by this chapter. The commission may proceed at its own initiative or upon a petition from any person, group, or association. (b) The commission may make a report and recommenda- tion for the designation of an historic district, and may conduct a public hearing thereon. Such report and recommendation shall be filed with the planning and zoning commission, and shall include a proposed ordinance establishing such district and describing the boundary thereof. (c) Within sixty (60) days of the receipt of the report, recommendation and proposed ordinance, the planning and zoning commission shall report to the city council with respect to the relation of such designation to the general development plan, zoning ordinance, proposed public improvements, and any plans for the renewal of the area involved. Upon submission of the report of the planning and zoning commission, or upon the expiration of the sixty-day period, the matter shall be transmitted to the city council. (d) Upon receiving the recommendation of the historic preservation commission and the report of the planning commission, the city council shall conduct a public hearing on the ordinance establishing the proposed historical preservation district. The council may approve or disapprove the ordinance or may refer the historic district designation to the commission for modification. (Ord. No. 18-77, § 5(a)—(d), 4-4-77) Sec. 191/2-6.1. Langworthy Historic Preservation Dis- trict. (a) Designated. The properties hereinafter described con- stitute a district of historical and architectural significance and shall hereafter be designated an historic preservation district pursuant to this chapter, to wit: Supp. No. 7 1176.1 § 191/2-6.1 DUBUQUE CODE § 191/2 -6.1 All of Lots 1 through 3, inclusive; all of Lot 4 excepting the northerly 10 feet thereof; all of the south half of Lot 6; all of Lots 12 through 16, inclusive; and all of Lots 12A through 16A, inclusive; all being in Paulina Langworthy's Addition. The west 15 feet of Lot 4; all of Lot 5, and Lot 6; all being in McCoy Subdivision. All of Lots 1 through 6, inclusive, of Lot 2 and Lot 3; all of Lot 4; and all of Lots 5 through 8, inclusive, excepting the northerly 12 feet of all of them; all being in Mrs. L. A. Langworthy's Addition. All of Lots 1 through 12, inclusive; all of Lots 17 through 21, inclusive; and all of Lots 49 through 53, inclusive; all being in Julia Langworthy's Addition. Lots 1 through 4, inclusive; Lot 1 of Lot 6; Lots 28 through 32, inclusive; Lot 1 of Lot 1 of Lot 1 of Lot 33; and Lot 1 and Lot 2 of Lot 2 of Lot 33; all being in T. S. Nairn's Dubuque Addition. These properties are all located in the southwest quarter of the northwest quarter of Section 25, Township 89 North, Range 2 East of the fifth principal meridian, in the City of Dubuque, Iowa. Said described district [shall] be designated the Langworthy Historic Preservation District. (b) Review standards adopted. The properties within said described district shall be subject to the United States Department of Housing and Urban Development's 1977 Guidelines for Rehabilitating Old Buildings as adopted by the historic preservation commission for said commission's review procedure that precedes the issuance of a certificate of appropriateness pursuant to section 191/2 -8(b). (Ord. No. 47-79, §§ 1, 2, 8-6-79; Ord. No. 9-80, § 2, 3-3-80; Ord. No. 27-80, § 2, 4-7-80) Editor's note—Ord. No. 47-79, §§ 1, 2, adopted Aug. 6, 1979, did not expressly amend this Code; hence, codification as § 191/2-6.1 is at the discretion of the editor. Supp. No. 7 1176.2 § 191/2 -7 HISTORICAL PRESERVATION § 191/2 -7 Sec. 191/2-7. Demolition of structures in historic dis- tricts. Demolition of structures erected within historic districts and deemed by the commission to be of a particular Supp. No. 7 1177 § 19'/z -7 HISTORICAL PRESERVATION § 19 1/2 -8 architectural or historical significance shall be prohibited unless, upon application, the commission finds that the prohibition of demolition prevents the owner of the property from earning any reasonable return on the property. In the event that the structure is found to be of unique value, the commission may, notwithstanding the showing of an absence of a reasonable return, deny permission to demolish; provided, however, that a denial of permission to demolish shall prohibit demolition for no more than four (4) months from the date of application for a permit to demolish, unless at the expiration of four (4) months, adjustments have been made which allow for such a return. During this time the commission shall endeavor to formulate, with the owner, an economically feasible plan for the preservation of such structure. (Ord. No. 18-77, § 5(g), 4-4-77) Cross reference—Waiting period for demolition permit in certain neighborhoods, § 10-5. Sec. 191/a-8. Alteration of structures in historic dis- tricts. (a) After approval of the historical preservation district designation by the council, no material change in appear- ance of a structure or site within a designated district shall be made or permitted to be made by the owner or occupant thereof until a regulated permit shall have been obtained for such change as provided by this chapter. (b) After approval of a designation by the council, it shall be the duty of the historic preservation commission to review all plans for any and all material changes in appearance of a structure or site within any district, and it shall have the power to pass upon such plans before a regulated permit for such can be granted, provided that the commission shall pass only on such features of a change as are visible from the public way. The commission shall issue a certificate of appropriateness if it approves plans submitted to it for review. The commission shall approve only if it finds that either: Supp. No. 6 1178.1 § 19'/z -8 DUBUQUE CODE § 191/z -9 (1) The proposed work in creating, changing, destroying, or affecting the exterior architectural features of the improvement or site upon which the work is to be done will not have a substantial adverse effect on the aesthetic, historical, or architectural significance and value of either the property itself or of the neighboring improvements in such district. In considering ar- chitectural and cultural values, the commission shall determine whether the proposed change is consistent with the historic value and the spirit of the architectural style of the district; or (2) The denial of a certificate of appropriateness would prevent the owner of the improvement within an historic district from earning a reasonable return or enjoying a beneficial occupancy or other interest in his property. The building commissioner, city engi- neer, or other local authorities shall not issue a regulated permit until such certificate of appropri- ateness has been issued by the commission. (Ord. No. 18-77, § 5(e), (f), 4-4-77) Sec. 191/2-9. Procedure for the review of plans. (a) Application for a regulated permit shall be made to the building commissioner. In the event that the application is made by way of an application for a building permit, the application will state that the work is to be done within an historical district. The commission may require submission of such drawings, sketches, photographs, or other exhibits as it deems reasonably necessary for consideration of the application. Supp. No. 6 1178.2 § 191/2-9 HISTORICAL PRESERVATION § 191/2-9 (b) Upon the filing of such application, the building com- missioner shall immediately notify the historic preservation commission of the receipt of such application, and shall trans- mit it, together with accompanying plans and other informa- tion to the commission, unless it pertains solely to the interior of the structure. (c) The historic preservation commission shall meet within fourteen (14) days after notification by the building com- missioner of the filing, unless otherwise mutually agreed upon by the applicant and commission, and shall review the plans according to the duties and powers specified herein. In re- viewing the plans, the commission may confer with the appli- cant or his authorized representative. (d) The commission shall approve or disapprove such plans, and if [they are] approved, shall issue a certificate of appro- priateness, which is to be signed by the chairman, attached to the application for the regulated permit and immediately transmitted to the building commissioner. (e) If the commission disapproves of such plans, it shall state its reasons for doing so and shall transmit a record of such action and reasons therefor in writing to the building commissioner and to the applicant. The commission may pro- pose appropriate revisions of the applicant's plans if it dis- approved of the plans submitted. The applicant, if he so desires, may make modifications to his plans and shall have the right to resubmit his application at any time. (f) No regulated permit shall be issued authorizing a ma- terial change in use or appearance of a structure or site within an historic district until a certificate of appropriate- ness has been filed with the building commissioner. In the event the commission disapproves of a proposed plan, its notice of disapproval shall be binding upon the building com- missioner, and no permit shall be issued in such a case. The failure of the commission to act within forty-five (45) days from the date of an application filed with it, unless an extension is agreed upon mutually by the applicant and the commission, shall be deemed to constitute approval. In the Supp. No. 3 1179 6AsJ".:el § 191/2 -9 DUBUQUE CODE § 191/2 -11 event, however, that the commission shall make a finding that the circumstances of a particular application require further time for additional study and information than can be ob- tained within the aforesaid period of forty-five (45) days, then in said event the commission shall have a period of up to ninety (90) days within which to act upon such an applica- tion. (g) After the certificate of appropriateness has been is- sued and the regulated permit granted to the applicant, the building commissioner shall from time to time inspect the construction, alteration, or repair approved by such certifi- cate and shall take such action as is necessary to enforce compliance with the approved plans. (h) Nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any structure within an historic district where such maintenance or repair does not involve a material change of appearance, as herein defined. (Ord. No. 18-77, § 6, 4-4-77) Sec. 191/2-10. Appeals from commission decisions. Appeals from the decisions or actions of the historic pres- ervation commission may be taken to a court of appropriate jurisdiction in Dubuque County, Iowa. (Ord. No. 18-77, § 7, 4-4-77) Sec. 19'/1-11. Violations, penalties; injunctive remedy author- ized. For every violation of any provisions of this chapter, the owner, general agent, tenant, occupant or contractor of a structure or site involved shall be guilty of a misdemeanor punishable by a fine not exceeding one hundred dollars ($100.00) or imprisonment not exceeding thirty (30) days. Each week or portion thereof of a continued breach shall con- stitute a separate, additional violation. In addition, the council shall have such other remedies as are provided by law to en- force the provisions of this chapter, including, but not limited to, injunctive relief. (Ord. No. 18-77, § 8, 4-4-77; Ord. No. 22-78, § 1, 4-17-78) Supp. No. 3 [The next page is 1199] 1180 (-7 ' § 20-11 HOUSING REGULATIONS § 20-13 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 circumstances warrant, the health officer may act to correct or abate the emergency. (Ord. No. 71-80, 12-22-80) Sec. 20-12. Housing code appeals board. 20-12.01. General. There is hereby created a housing code appeals board consisting of five (5) members who are not employed by the city, to be appointed by and at the discretion of the city council. (Ord. No. 71-80, 12-22-80) 20-12.02. Rules adoption. The housing code appeals board shall adopt reasonable rules and regulations for the conduct of its meetings and investigations and shall render all decisions and findings in writing to the health officer and all decisions and findings shall be made part of the public record. (Ord. No. 71-80, 12-22-80) Sec. 20-13. Procedure for hearing appeal. 20-13.01. Procedure. (a) Application. Any person aggrieved by a notice or notice and order of the health officer issued in connection with any alleged violation of this chapter or of any applicable rule or regulation issued pursuant thereto, may apply to the housing code appeals board for a reconsider- ation of such notice or order provided such application is made within fourteen (14) days after the date the notice or order was issued. The appeal must include the following: (1) Name and address of appellants. (2) A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order. (3) A brief statement in ordinary and concise language of that specific order or action protested, together with Supp. No. 8 1243 § 20-13 DUBUQUE CODE § 20-13 any material facts claimed to support the contentions of the appellant. (4) 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, modified or otherwise set aside. (5) The signatures of all parties named as appellants, and their official mailing address. (b) Notice of hearing. Upon receipt of any appeal filed pursuant to this section, the health officer shall forward same to the chairperson of the housing code appeals board. As soon as practicable after receiving the written appeal, the housing code appeals board shall fix a date, time and place for the hearing of the appeal by the board. Such date shall be not less than fourteen (14) days nor more than fifty (50) days from the date the appeal was filed with the health officer. 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, addressed to the appellant at his address shown on the appeal. (c) Waiver. Failure of any person to file an appeal in accordance with the provisions of subsections 20-11.01 and 20-13.01 shall constitute a waiver of his right to an administrative hearing and adjudication of the notice and order, or to any portion thereof. (d) Limitation. Only those matters or issues specifically raised by the appellant in the written appeal shall be considered in the hearing of the appeal. (e) Evidence. At such a hearing the appellant(s) shall be given an opportunity to be heard and to show cause why such notice or order should be modified, extended, with- drawn or a variance granted. (f) Appeals board option. The housing code appeals board, by a majority vote, may sustain or modify the notice or Supp. No. 8 1244 Chapter 22 JUNK AND JUNK DEALERS* Art. I. In General, §§ 22-1---22-16 Art. II. Licenses, §§ 22-17, 22-18 ARTICLE I. IN GENERAL Sec. 22-1. Definitions. For the purposes of this article the following definitions shall apply: Auto salvage dealer shall mean any person who engages in the business of buying automobiles, or automobile parts, or tires, for resale in whole or in part as junk or as used parts. Junk shall mean scrap metals or machinery, rags, paper, bottles, tinware, furniture, used plumbing and electrical ma- terials and fixtures, used automobiles, automobile parts or tires, platinum, gold or silver, or any other article or thing usually bought, sold, or dealt with as junk. Junk collector shall mean any person who travels about the city from house to house or place to place, collecting or buy- ing junk. Junk dealer shall mean any person who buys, sells, or col- lects junk, automobile parts or tires, of every kind and de- scription, either as his main business or as incidental to some other business. Pawnbroker shall mean any person who makes loans or advancements upon pawn, pledge or deposit of personal prop- erty, or who receives actual possession of personal property as security for a loan, with or without a mortgage or bill of sale. Secondhand dealer shall mean every person who purchases furniture, household goods, clothing or other articles for the purpose of reselling the same, and who shall maintain a store *Cross references—Garbage, trash and refuse, Ch. 17; health and sanitation, Ch. 18; housing regulations, Ch. 20. 1351 § 224 DUBUQUE CODE § 22-2 or place of business for that purpose, or who in connection with any other business shall purchase and sell secondhand furniture, household goods and other articles. (Ord. No. 70, § 1, 1-3-20; Ord. No. 55-55, § 1, 9-6-55) Cross reference—Rules of construction and definitions generally, § 1-2. Sec. 22-2. Required records. (a) Every pawnbroker and junk dealer shall keep a record in the English language and in a book kept for that purpose in which shall be intelligibly and accurately entered the time of purchasing or receiving each article of personal property purchased or received, and the following data: (1) The name of the person from whom the article of prop- erty was purchased or received, and his place of resi- dence, showing street and number where possible; (2) A detailed and accurate description of each article pur- chased or received; (3) A statement giving the nature of the transaction and whether the article or property was received in pur- chase or as security; (4) The weight or quantity of each article purchased or received; Li (5) The amount paid for or loaned on each article of prop- erty purchased or received; (6) The date and hour of each transaction and if said article of property was received as security the expiration date of the period of redemption thereof ; (7) The time when and the person to whom such article of property was disposed of, if sold, or the time when, and the name of the person who redeemed the same, if such property was taken as security. (b) Such record or book shall be open to public inspection by any sheriff, chief of police, constable or police officer. (c) Failure to keep such record book, or making false en- tries therein, or refusal to produce the same when requested 1352 § 22-2 JUNK AND JUNK DEALERS § 22-4 by the persons entitled to inspect the same, shall subject the offender to penalty as provided in section 1-8 of this Code. (Ord. No. 55-55, § 4, 9-6-55) Sec. 22-3. Purchases from minors restricted. No pawnbroker or junk dealer and no clerk, agent or em- ployee of any pawnbroker or junk dealer shall purchase or receive from any minor, under the age of eighteen (18) years any junk, used or secondhand furniture, fixtures, goods, wares or merchandise, or any property of any kind or character whatsoever; no pawnbroker or junk dealer and no clerk, agent or employee of any pawnbroker or junk dealer shall purchase or receive any property of any kind or character whatsoever from any minor over the age of eighteen (18) years, without first obtaining and receiving the written consent to the pur- chase or receipt of such property, signed and executed by the parent or guardian of such minor, which consent shall de- scribe the property being received or purchased, and consent to the sale thereof by such minor, and such consent shall be retained and preserved, and shall be exhibited, when requested, to any sheriff, chief of police, constable or police officer, or the parent or guardian of such minor. (Ord. No. 55-55, § 5, 9-6-55) Sec. 22-4. Required notice upon receipt of construction tools. Every pawnbroker or junk dealer conducting their business in the city who shall purchase or receive from any person any tool or implement such as is commonly used by carpenters, bricklayers, plasterers, plumbers or other mechanics in the construction or erection of buildings shall, within twenty-four (24) hours after the purchase or receipt of such tool or imple- ment, give notice to the chief of police, captain of police or police sergeant at the police station in the city, stating the date on which such tool or implement was purchased or re- ceived and the name of the person from whom same was pur- chased or received and the pawnbroker, or junk dealer so purchasing or receiving such tool or implement shall not sell or dispose of the same for a period of forty-eight (48) hours after the notice above specified is given, and until the expira- 1353 § 22-4 DUBUQUE CODE § 22-18 tion of such time shall keep such tool or implement in his store, shop or place of business in such a place that the same can be readily seen and examined. (Ord. No. 55-55, § 6, 9-6-55) Sec. 22-5. Fencing requirements for junk and salvage opera- tions. No junk shall be stored or automobile salvage operation carried on within twenty (20) feet of any property line or one hundred (100) feet of any street line, within the city unless the premises upon which such junk is stored or auto- mobile salvage work is performed is completely enclosed by a solid metal fence not less than eight (8) feet in height, and such fence shall be kept and be maintained in a good state of repair. (Ord. No. 55-55, § 7, 9-6-55; Ord. No. 9-68, § 1, 2-7-68) Secs. 22-6-22-16. Reserved. ARTICLE II. LICENSES* Sec. 22-17. Required. No person shall engage in the business of junk dealer, junk collector, auto salvage dealer, pawnbroker or secondhand dealer without first obtaining a license therefor and paying the li- cense fee as herein prescribed. (Ord. No. 70, § 1, 1-3-20; Ord. No. 55-55, § 2, 9-6-55) Sec. 22-18. Fees. The annual license fees for the license required by this article, payment of which shall be prerequisite to issuance of the license, shall be as follows (1) Junk dealer, fifty dollars ($50.00) ; (2) Junk collectors, fifty dollars ($50.00) ; (3) Auto salvage dealers, fifty dollars ($50.00) ; (4) Pawnbrokers, one hundred dollars ($100.00) ; (5) Secondhand dealers, twenty-five dollars ($25.00). (Ord. No. 70, § 2, 1-3-20; Ord. No. 55-55, § 3, 9-6-55) *Cross reference—Licenses and miscellaneous regulations, Ch. 24. [The next page is 1405] 1354 § 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, 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 the point of receiving or discharging pupils, the driver of the Supp. No. 8 1582.1 § 25-187.1 DUBUQUE CODE § 25-188 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. (Ord. No. 56-79, § 1, 9-17-79; Ord. No. 73-80, §§ 1, 2, 12-22-80) 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. 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 Supp. No. 8 1582.2 § 25-210 MOTOR VEHICLES AND TRAFFIC § 25-210 Old Mill Road and Rockdale Road (Ord. No. 29-79, § 1, 5-30-79) Shields Street and Jones Street Steward Road and Rockdale Road (Ord. No. 29-79, § 1, 5-30-79) Woodland Drive and Foothill Road NORTHBOUND AND SOUTHBOUND Seventeenth Street, East, and Washington Street Twenty-first Street, East, and Elm Street Twenty-first Street, East, and Washington Street Twenty-fourth Street, East, and Jackson Street Twenty-fourth Street, East, and Washington Street Twenty-fourth Street, East, and White Street Twenty-fifth Street, East, and White Street Twenty-sixth Street, East, and White Street Twenty-seventh Street, East, and White Street Twenty-eighth Street, East, and White Street Twenty-ninth Street, East, and Pinard Street. (Ord. No. 34-80, § 1, 5-19-80) Twenty-ninth Street, East, and White Street Thirtieth Street, East, and White Street Bunker Hill and Clarke Drive Cherry Street and Finley Street Grandview Avenue, North, and Delhi Street Hillcrest Road and Key Way Drive Kaufmann Avenue and Crissy Drive Keystone Drive and Key Way Drive (Ord. No. 38-78, § 1, 6-19-78) Key Way Drive and Woodland Drive (Ord. No. 38-78, § 1, 6-19-78) Supp. No. 7 1590.3 § 25-210 DUBUQUE CODE § 25-210 Lincoln Avenue and Farley Street (Ord. No. 22-79, § 1, 4-2-79) Lincoln Avenue and Johnson Street Lincoln Avenue and Kniest Street Lincoln Avenue and Stafford Street (Ord. No. 10-79, § 1, 1-16-79) Queen Street and Twenty-fourth Street Radford Road and Middle Road (Ord. No. 29-79, § 1, 5-30-79) Roosevelt Street and Lincoln Avenue Rosedale Street and Avoca Street Westway Street and Key Way Drive (Ord. 6-19-78) Windsor Avenue and Davis Street (Ord. 1-16-79) No. 38-78, § 1, No. 10-79, § 1, EASTBOUND Bluff Street and West Twelfth Street Crescent Ridge and Cedar Cross Road (Ord. No. 29-79, § 1, 5-30-79) Curtis Street and Bryant Street (Ord. No. 36-79, § 1, 6-18-79) Fremont Avenue and Wartburg Place Front Street and Harbor Street Grandview Avenue, North, and Delhi Street Henion Street and Helena Street (Ord. No. 77-77, § 1, 11-21-77) James Street and Langworthy Avenue John F. Kennedy Road and University Avenue Kennedy Court and Peru Road (Ord. No. 29-79, § 1, 5-30-79) Supp. No. 7 1590.4 § 25-210 MOTOR VEHICLES AND TRAFFIC § 25-210 Key Way Drive and Keymont Street Key Way Drive and Westway Street (Ord. No. 38-78, § 1, 6-19-78) Louise Street and Peru Road (Ord. No. 29-79, § 1, 5-30-79) MarJo Quarry Road and Inland Drive (Ord. No. 29-79, § 1, 5-30-79) Miller Road and Kelly Lane (Ord. No. 29-79, § 1, 5-30-79) St. Ambrose Street and Clarke Drive Simpson Street and Fremont Avenue (Ord. No. 59-79, § 1, 10-1-79) Starlight Drive and Cedar Cross Road (Ord. No. 29-79, § 1, 5-30-79) University Avenue and Ashbury Road Woodworth Street and Lowell Street WESTBOUND Andrew Court and Boyer Street (Ord. No. 26-78, § 1, 5-1-78) Delhi Street and West Fifth Street Fremont Avenue and Kelly Lane Grandview Avenue, North, and Delhi Street Hawkeye Drive and Peru Road (Ord. No. 29-79, § 1, 5-30-79) James Street and Mazzuchelli Heights Liberty Street and Peru Road (Ord. No. 29-79, § 1, 5-30-79) Madison Street and Clarke Drive St. Anne Drive and Ridge Road Salem Street and Peru Road (Ord. No. 29-79, § 1, 5-30-79) Sheridan Road and Peru Road (Ord. No. 29-79, § 1, 5-30-79) Supp. No. 6 1590.5 § 25-210 DUBUQUE CODE § 25-210 Starlight Drive and Crescent Ridge (Ord. No. 29-79, § 1, 5-30-79) Toledo Street and Peru Road (Ord. No. 29-79, § 1, 5-30-79) University Avenue and Ashbury Road University Avenue and John F. Kennedy Road Valley Drive and Peru Road (Ord. No. 29-79, § 1, 5-30-79) Walker Street and Peru Road (Ord. No. 29-79, § 1, 5-30-79) EASTBOUND AND WESTBOUND Atlantic Street and Custer Street Avoca Street and Green Street Davis Street and Windsor Avenue (Ord. No. 10-79, § 1, 1-16-79) Elm Street and East Twenty-ninth Street Evergreen Street and Karen Street Fillmore Street and Adair Street Grandview Avenue, North, and Clarke Drive Hillcrest Road and Key Way Drive Jackson Street and East Twenty-fourth Street Key Way Drive and Keystone Drive (Ord. No. 38-78, § 1, 6-19-78) Langworthy Avenue and Alpine Street Langworthy Avenue and Booth Street Langworthy Avenue and Nevada Street Lincoln Avenue and Fengler Street Maryville Drive and Scenic View Drive (Ord. No. 10-79, § 1, 1-16-79) Oakcrest Drive and Maplewood Court (Ord. No. 10-79, § 1, 1-16-79) Pearl Street and Finley Street Supp. No. 6 1590.6 § 25-210 MOTOR VEHICLES AND TRAFFIC § 25-210 Pearl Street and Gilliam Street Randall Street and Bradley Street Rider Street and Bradley Street St. Ambrose Street and Rosedale Street Sheridan Street and Goethe Street Solon Street and Alpine Street Sycamore Street and East Fifteenth Street Theda Drive and Crissy Drive (Ord. No. 10-79, § 1, 1-16-79) Vizalea Street and Keymont Street Walnut Street and West Eleventh Street Washington Street and East Thirteenth Street Washington Street and East Fifteenth Street Washington Street and East Sixteenth Street Washington Street and East Eighteenth Street Washington Street and East Nineteenth Street Washington Street and East Twenty-fifth Street Washington Street and East Twenty-ninth Street Woodland Drive and Key Way Drive (Ord. No. 38-78, § 1, 6-19-78) (Ord. No. 33-49, § 12.4, 9-6-49; Ord. No. 63-77, § 1, 9-19-77; Ord. No. 77-77, § 1, 11-21-77; Ord. No. 26-78, § 1, 5-1-78; Ord. No. 38-78, § 1, 6-19-78; Ord. No. 9-79, § 1, 1-16-79; Ord. No. 10-79, § 1, 1-16-79; Ord. No. 11-79, § 1, 1-16-79; Ord. No. 22-79, § 1, 4-2-79; Ord. No. 29-79, § 1, 5-30-79; Ord. No. 36-79, § 1, 6-18-79; Ord. No. 59-79, § 1, 10-1-79; Ord. No. 34-80, § 1, 5-19-80) Editor's note -The street schedule set forth in § 25-210(b) is derived from Ord. No. 63-77, § 1, adopted Sept. 19, 1977, as amended from time to time. Subsequent ordinances amending said street schedule by adding or revising the provisions thereof are indicated in the history note following the provision added or revised. A complete history note for § 25-210 appears at the end of the section. State law reference -Similar provisions, I.C.A. § 321.322. Supp. No. 7 1590.7 § 25-211 DUBUQUE CODE § 25-212 Sec. 25-211. Stop signs to be erected at entrances to through streets and stop intersections; stop required. Stop signs shall be erected at entrances to through streets and at one or more entrances to stop intersections. Every driver of a vehicle shall stop at such sign or at a clearly marked stop line before entering an intersection, except when directed to proceed by a peace officer or traffic -control signal. (Ord. No. 33-49, § 12.5, 9-6-59) Sec. 25-212. Yield intersections. (a) The driver of a vehicle approaching a yield sign at a "yield" intersection shall slow down to a speed reasonable for the existing conditions or shall stop, if necessary, and shall yield the right-of-way to any pedestrian legally crogsing the roadway and to any vehicle in the intersection or approaching so closely as to constitute a hazard. Said driver having so yielded may proceed with caution. (b) Those intersections designated are hereby declared to be "yield intersections" for all purposes of this section: (1) Northbound vehicles. Northbound vehicles must yield before entering the intersection of: Third Street, West, and James Street Broadway Street and Diagonal Street (Ord. No. 12-79, § 2, 1-16-79) Coates Street and Southgate Drive Hillcrest and St. John Drive Kirkwood and West Locust Street New Haven and Mineral Street Rockdale Road and the west ramp of Kerrigan Road Rosedale and West Locust Street St. Ambrose and Clarke Drive Westway Drive and Graham Circle Supp. No. 7 1590.8 § 25-212 MOTOR VEHICLES AND TRAFFIC § 25-212 (2) Southbound vehicles. Southbound vehicles must yield before entering the intersection of: Bryant Street and South Grandview Avenue Clarke Drive and West Locust Street Supp. No. 6 1590.8.1 § 25-257 MOTOR VEHICLES AND TRAFFIC § 25-257 White Street, both sides, from East Ninth Street to East Eleventh Street. White Street, east side, from East Fourteenth Street to East Fifteenth Street. White Street, both sides, from East Fifteenth Street to East Sixteenth Street. (d) No -parking -at -any -time zones designated. When signs are erected giving notice thereof, no person shall, at any time, park a vehicle upon any of the following described streets or parts of streets: First Street, West, both sides, from Iowa Street to Main Street; north side, from Locust Street to Bluff Street. Second Street, West, both sides, from Bluff Street to the alley immediately east thereof. Third Street, West, both sides, from a point 100 feet west of Bluff Street to Bluff Street; north side, from Central Avenue to Iowa Street; south side, from Burch Street to a point one hundred (100) feet west of Bluff Street. Fourth Street, West, north side, from Central Avenue to Iowa Street; south side, from Locust Street to Bluff Street. Fifth Street, West, south side, from Bluff Street to Hill Street; north side, from a point 192 feet west of Bluff Street to Prospect Street. Eighth Street, West, both sides, from a point 146 feet west of the west property line of University Avenue to a point 206 feet west of the west property line of University Avenue, from Locust Street to the alley immediately east thereof, and from Iowa Street to the alley immediately west thereof; north side, from Wilson Avenue to Roberts Avenue; south side, from Central Avenue to the alley immediately west thereof. Ninth Street, West, both sides, from University Avenue to Bluff Street and from Iowa Street to Central Avenue; north side, from Bluff Street to Locust Street; south side, from Locust Street to Main Street. Supp. No. 6 1594.3 § 25-257 DUBUQUE CODE § 25-257 Tenth Street, West, both sides, from Locust Street to Bluff Street; south side, from Central Avenue to Iowa Street. Eleventh Street, West, south side, from Prairie Street to Race Street. Twelfth Street, East, north side, from Central Avenue to Elm Street. (Ord. No. 64-79, § 1, 10-15-79) Twelfth Street, West, south and west sides, from Bluff Street to Grove Terrace; north side, from Central Avenue to Main Street. (Ord. No. 64-79, § 1, 10-15-79) Fourteenth Street, East, both sides, from White Street to Central Avenue; north side, from Jackson Street to White Street. Fifteenth Street, East, both sides, from Sycamore Street to a point 950 feet east of Sycamore Street. Sixteenth Street, East, both sides, from Sycamore Street to Kerper Boulevard; north side, from Elm Street to Pine Street and from Maple Street to Sycamore Street. Sixteenth Street, West, south side, from Montrose to Catherine Street. Seventeenth Street, West, north side, from West Locust Street to Clark Street. Twentieth Street, East, both sides, from Central Avenue to Elm Street. (Ord. No. 37-79, § 1, 6-18-79) Twenty-first Street, East, both sides, from Central Avenue to White Street; south side, from Jackson Street to Chicago Great Western right-of-way. Twenty-second Street, East, south side, from Windsor Avenue to Stafford Street; north side, from Jackson Street to Central Avenue. Supp. No. 6 1594.4 § 25-257 MOTOR VEHICLES AND TRAFFIC § 25-257 Twenty-third Street, West, south side, from Central Ave- nue to Valeria. Street. Twenty-fourth Street, West, north side, from Central Ave- nue to Broadway Street. Twenty-fourth Street, East, south side, from Central Ave- nue to Washington Street. Thirtieth Street, East, north side, from Central Avenue to a point 334 feet east of Jackson Street. Thirty-second Street, West, south side, from Central Ave- nue to a point 100 feet west of Lemon Street. Air Hill Street, west side, from University Avenue to Eighth Avenue. Algona Street, both sides, from University Avenue to Ben- nett Street ; west side, from University Avenue to Loras Boulevard. Alpine Street, west side, from West Fifth Street to Uni- versity Avenue. Althauser Street, west side, from Merz Street to Eagle Street. Angella Street, west side, from West Locust to a point abut- ting 503 Angella Street. Arlington Street, south side, from Grove Terrace to Prairie Street. Asbury Road, both sides, from John F. Kennedy Road to the westerly city limits ; north side, from St. Ambrose Street to Bunker Hill Drive and from Clarke Drive to Woodlawn Street. Avon Street, south side. Bennett Street, south side, from Grandview Avenue to McCormick Street. Bluff Street, both sides, from Dodge Street to Jones Street and from West Ninth Street to West Tenth Street; west Supp. No. 5 1594.5 § 25-257 DUBUQUE CODE § 25-257 side, from Jones Street to West First Street; east side, from West Seventh Street to West Ninth Street. Booth Street, east side, from University Avenue to West Fifth Street. Broadway Street, north side, from Diagonal Street to Put- nam Street. Burch Street, west side, from Hill Street to West Third Street. Caledonia Street, east side, from Hill Street to Eighth Avenue. Campus Lane, both sides, from Auburn Street to. Algona Street. Catherine Street, west side, from West Sixteenth Street to West Seventeenth Street. Central Avenue, west side, from West Fourth Street to West Third Street. Clarke Drive, north side, from Heeb Street to the east property line of 1799 Clarke Drive. College Street, west side, from Allison Street to West Fifth Street. Cornell Street, both sides, from the north line of Loras Boulevard northerly for a distance of 170 feet. Cox Street, west side, from Kirkwood Street to Loras Boulevard. Davis Street, both sides, from a point 630 feet east of Windsor Avenue to the entrance of Mount Calvary Ceme- tery; north side, from Windsor Avenue to Sheridan Road. Delhi Street, south side, from Allison Street to Grandview Avenue. Dodge Street, both sides, from Locust Street to the west- erly limits; south side, from South Main Street to Locust Street. Supp. No. 5 1594.6 § 25-257 MOTOR VEHICLES AND TRAFFIC § 25-258 Washington Street, west side, from East Twentieth Street to East Twenty-fifth Street. White Street, west side, from the north property line of East Fourth Street to a point 37 feet north thereof. Wilbur Lane, south side, from Alice Street to Grove Terrace. Wilson Avenue, west side, from West Eighth Street to West Eleventh Street. Wooten Street, south side, from Hill Street to McClain Street; north side, from McClain Street to a point 165 feet east thereof. (Ord. No. 38-49, § 16.5, 9-6-49; Ord. No. 52-78, § 1, 9-5-78; Ord. No. 62-78, § 1, 11-6-78; Ord. No. 21-79, § 1, 4-2-79; Ord. No. 37-79, § 1, 6-18-79; Ord. No. 64-79, § 1, 10-15-79) Editor's note—The street schedule set forth in § 25-257(c) is derived from Ord. No. 62-78, § 1, adopted Nov. 6, 1978, and the street schedule set forth in § 25-257(d) is derived from Ord. No. 21-79, § 1, adopted April 2, 1979, as said schedules are amended from time to time. Subsequent ordinances amending said street schedules by adding or revising the provisions thereof are indicated in the history note following the provisions added or revised. A complete history note for § 25-257 appears at the end of the section. Sec. 25-258. Parallel parking required; exceptions for angle parking. (a) Except where angle parking is permitted and on one-way streets, every vehicle stopped or parked upon a roadway where there is an adjacent curb shall be stopped or parked with the right hand wheels of such vehicle parallel with and within eighteen (18) inches of the right-hand curb. (b) On one-way streets vehicles may also be parked with the left hand wheels parallel with and within eighteen (18) inches of the left hand curb. Supp. No. 6 1594.11 § 2642 OFFENSES, MISCELLANEOUS PROVISIONS § 26-14 Sec. 26-12. Carrying concealed weapons. If any person, within the corporate limits of this city, carries under his clothes or concealed about his person, or has found in his possession, any pistol or other firearm, slingshot, knuckles of lead, brass or other metal or material, or any sand bag, air gun, dagger, bowie knife, dirk knife, or other knife or instrument for cutting, stabbing or striking, or other dan- gerous or deadly weapon, instrument or device, he shall be guilty of carrying concealed weapons. This section shall not be construed to prohibit any officer of the United States or of any state, or any peace officer from wearing or carrying such weapon, as may be convenient, necessary and proper in the discharge of his official duties. (Ord. No. 78, § 37) Sec. 26-13. Discharging firearms. If any person, within the corporate limits of this city, discharges any cannon, gun, fowling piece, pistol, air gun or other firearms, or burns, or sets off, firecrackers, squibs or other fireworks, he shall be guilty of a misdemeanor ; provided that nothing herein contained shall prevent the shooting of dogs by the chief of police or other officers ; and further pro- vided that the mayor may suspend the operation of the pre- ceeding provision of this section in whole or in part by procla- mation, such suspension to be effective between certain speci- fied hours on the fourth day of July of each year, or the day celebrated as the Nation's Anniversary when the fourth of July falls on Sunday. (Ord. No. 78, § 39) Sec. 26-14. Use, sale of toy pistols, etc. If any person, within the corporate limits of this city uses, sells, offers for sale, or keeps for sale, any toy pistols, toy revolvers, caps containing dynamite, blank cartridges for toy revolvers or toy pistols he shall be guilty of a misdemeanor. Caps containing dynamite may be used, kept for sale or sold when needed for mining purposes or for danger signals or other necessary uses. (Ord. No. 78, § 38) 1671 § 26-15 DUBUQUE CODE• § 26-17 Sec. 26-15. Damaging, defacing property—Generally. (a) If any person, within the corporate limits of this city without authority from the city, defaces, injures, or destroys, or assists in defacing, injuring or destroying any building, bridge, paving, side or crosswalk, drain or sewer or any part thereof, or any other property belonging to the city, or if any person injures or obstructs the making or repairing of any improvement or work ordered by the city, he shall be guilty of a misdemeanor. (b) If any person, within the corporate limits of the city, cuts, hacks, or in any manner injures any awning, lamp post, gas or water pipe, ornamental or shade trees, railing, fence or other property not owned by him, he shall be guilty of a mis- demeanor. (Ord. No. 78, §§ 54, 55) Sec. 26-16. Same—Removing grade stakes, etc. If any person, within the corporate limits of this city, removes, breaks, or in any way injures any grade stake, stone or other mark or monument, set by or under the authority of the city engineer or any of his assistants, to designate grades, corners, lines, or bench marks, or in any manner erases or de- faces any letters or figures thereon, or removes or injures any barricade about any improvement in the course of construc- tion, he shall be guilty of a misdemeanor. (Ord. No. 78, § 56) Cross reference—Streets, sidewalks and public places, Ch. 33. Sec. 26-17. Same—Trees, plants, shrubs and flowers. If any person, within the corporate limits of this city, other than the owner thereof, or his representative, cuts, breaks, or otherwise injures or destroys, any shade or orna- mental tree along any sidewalk in any parking or elsewhere in the city, or injures or removes any shrub, plants, flowers or trees from any of the parks, cemeteries, street parkings, pub- lic or private grounds within the city, without the consent or direction of the superintendent of parks, in case of parks or public grounds and without the consent of the owner in case of cemeteries, private grounds or parkings, adjacent to private 1672 Chapter 30 ad -c--'- PLUMBING* 62),A_ Art. I. In General, §§ 30-1-30-23 Art. II. Administration, §§ 30-24-30-53 Div. 1. Generally, §§ 30-24-30-35 Div. 2. Plumbing Board, §§ 30-36-30-53 Art. III. Permits, §§ 30-54-30-69 Art. IV. Plumbers, §§ 30-70-30-78 ARTICLE I. IN GENERAL Sec. 30-1. Code adopted. The 1964 State Plumbing Code as set forth in the "Rules and Regulations of the State of Iowa Department of Health Governing the Installation of Plumbing" published by the State of Iowa, is hereby adopted in full except as otherwise provided in this chapter. (Ord. No. 48-70, Art. I, § 33, 9-21-70) Cross references—Building code adopted, § 10-1; electrical code adopted, § 13-3; fire prevention code adopted, § 14-1; heating, ventila- tion and air conditioning code adopted, § 19-1. Sec. 30-2. Restrictions as to types of pipe. (a) Concrete pipe shall not be used to carry sewage except in main sewers. (b) Where cast-iron soil pipe is used within the building, it shall be of a grade not less than "service weight." (c) The use of asbestos cement pipe or bituminous fiber pipe for house sewers shall not be permitted. (d) The use of aluminum pipe and fittings shall not be permitted. (e) The use of type DWV and type M copper pipe or tubing for soil, waste, vent or water piping is prohibited. Copper pipe *Cross references—Buildings and building regulations, Ch. 10; elec- trical regulations, Ch. 13; fire prevention and protection, Ch. 14; heat- ing, air conditioning and ventilating, Ch. 19; plumbing fixtures in regard to housing regulations, § 20-53; subdivision regulations, Ch. 34; sewers and sewage disposal, Ch. 36, Art. II; zoning regulations, App. A. 1919 § 30-2 DUBUQUE CODE. § 30-5 or tubing used for plumbing drains, soil, waste, vent or water piping shall be of a wall thickness not less than type "L" above ground and shall be of a wall thickness not less than type "K" when buried. (f) Copper -nickel, high strength, low alloy, schedule 40 galvanized steel pipe with screwed cast-iron drainage fittings may be used for soil, waste, drain and vent piping above ground where wrought iron pipe is permitted by the plumbing code adopted by section 30-1 of this chapter. (Ord. No. 48-70, Art. I, § 33, 9-21-70 ; Ord. No. 38-71, § 1, 8-2-71) Sec. 30-3. Joints. All joints in vitrified clay sewer tile shall be hot -poured joints complying with section 4.2 (6) of the code adopted by section 30-1 of this chapter and of material approved by the city; or they may be factory applied pre -cast joints conform- ing to section 4.2 (7) of such code and ASTM C425 -60T, ex- cept that preformed gaskets conforming to section 4.2 (15) of such code may be used for building sewers from five (5) feet outside of the building to the public sanitary sewer or a pri- vate disposal system. (Ord. No. 48-70, Art. I, § 33, 9-21-70) Sec. 30-4. Location of shutoffs on water line. A main shutoff on the water supply line shall be approxi- mately one foot inside the curb line if there is a curb, other- wise it shall be in the platted street close to the property line. An accessible shutoff shall be provided just inside the founda- tion wall and at the outlet side of the water meter, for the main supply line, for each sill cock and, in buildings over three (3) stories in height, for each riser line. (Ord. No. 48-70, Art. I, § 33, 9-21-70) Sec. 30-5. Prohibited connections to sanitary sewers. No storm water drains or cistern overflow pipes shall be con- nected either directly or indirectly to a sanitary sewer. (Ord. No. 48-70, Art. I, § 33, 9-21-70) 1920 § 30-6 PLUMBING § 30-10 Sec. 30-6. Kitchen sink wastes. When new sink wastes are installed or replaced in buildings under construction or in existing buildings being remodeled, the size of the drain shall be not less than two (2) inches in- side pipe diameter to the kitchen sink trap. (Ord. No. 48-70, Art. I, § 33, 9-21-70) Sec. 30-7. Automatic clothes -washing machine drain restric- tions. Indirect drains or indirect waste piping which may receive the discharge from automatic clothes -washing machines, shall not discharge the waste from any such indirect waste or drain into a floor drain. (Ord. No. 48-70, Art. I, 9-21-70) Sec. 30-8. Water closet and urinal vacuum breakers. Every water closet and every urinal shall be provided with a vacuum breaking device of either an approved float valve with integral anti -syphon device or an approved vacuum breaker. (Ord. No. 48-70, Art. I, § 33, 9-21-70) Sec. 30-9. Water pipe size. Water supply piping from the water meter outlet shall be not less than three-quarters (3/4) of an inch inside pipe di- ameter to the water heater and to the third branch opening for the usual single family residence in buildings other than single family residence, the pipe size shall be determined by the methods found in the state plumbing code. (Ord. No. 48- 70, Art. I, § 33, 9-21-70) Sec. 30-10. Variations from chapter; fee. When it is impossible or impractical to install plumbing in strict accordance with this chapter or the rules and regula- tions of the local or state boards of health, upon proper appli- cation, variations, which in the opinion of the state department of health are safe, will be permitted, and a special permit noting the variations will be issued and the fee for such in - 1921 § 30-10 DUBUQUD CODE § 30'-24 stallations shall be double the amount set out in section 30-57 of this chapter hereof. (Ord. No. 48-70, Art. I, § 31, 9-21-70) Sec. 30-11. Effect of chapter re liability for damages. None of the provisions of this chapter shall be construed to relieve or lessen the liability of any person owning, operating, controlling, installing or repairing any plumbing work or equipment, where damages to any person or property are caused by any negligence or defects in the operation or in- stallation thereof ; nor shall the city or any of its inspectors be held as assuming any such liability by reason of the in- spection authorized herein or the certificates or licenses is- sued. (Ord. No. 48-70, Art. I, § 32, 9-21-70) Sec. 30-12. Violations; penalties. (a) Any person who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this chapter shall be punished as provided in section 1-8 of this Code. (b) Each day that a violation is permitted to exist beyond the expiration of the time designated in a written notice given by the chief plumbing inspector shall constitute a separate offense. (Ord. No. 48-70, Art. III, 9-21-70) Secs. 30-13-30-23. Reserved. ARTICLE II. ADMINISTRATION* DIVISION 1. GENERALLY Sec. 30-24. Division of plumbing inspection. The division of plumbing inspection is hereby established in the building department to enforce the laws and ordinances governing plumbing, and shall be composed of a chief plumb- ing inspector, plumbing board and such assistant plumbing inspectors as the city manager shall appoint. (Ord. No. 48-70, Art. I, § 1, 9-21-70) *Cross reference—Administration generally, Ch. 2. 1922 § 30-25 PLUMBING § 30-29 Sec. 30-25. Plumbing inspectors. The chief plumbing inspector and the assistant plumbing inspectors shall have such duties and responsibilities as may be prescribed by the city manager. A plumbing inspector must hold a city license as a journeyman or master plumber and have had at least five (5) years' experience as a journeyman plumber. (Ord. No. 48-70, Art. I, § 2, 9-21-70) Sec. 30-26. Right -of -entry. Inspectors shall have access to all buildings for the purpose of examining and carrying into effect the provisions of the plumbing ordinances of the city, or the rules and regulations of the local or state boards of health. (Ord. No. 48-70, Art. I, § 28, 9-21-79) Sec. 30-27. Interference with certificates or notices prohibited. It shall be unlawful for any person to willfully mutilate, deface, remove or destroy any certificate or notice placed upon the plumbing work of any building by a city plumbing inspector. (Ord. No. 48-70, Art. I, § 26, 9-21-70) Sec. 30-28. Inspection—Prerequisite to covering or use of work. It shall be the duty of the plumber installing plumbing work to see that no plumbing is covered or used until such work has been inspected and approved by the plumbing inspector. (Ord. No. 48-70, Art. I, § 30, 9-21-70) Sec. 30-29. Same—Request for; notice of defects; time limit for correction. (a) Any person doing plumbing work in the city shall, when work has been prepared for inspection, as provided for in this chapter, notify the plumbing inspector that inspection is required, giving location of the premises, and the time that work will be ready for inspection. Supp. No. 6 1923 § 30-29 DUBUQUE CODE § 30-37 (b) If, upon inspection, the plumbing inspector finds the work not in accordance with the provisions of this chapter, he shall notify the plumber doing the work or the owner of the premises, by written letter or by posting written notices upon the premises, and such letter or such posting shall be all the notice required to be given of the defects in the work found upon inspection and such defects shall be corrected within three (3) days after notice is given. (Ord. No. 48-70, Art. I, § 29, 9-21-70) Secs. 30-30-30-35. Reserved. DIVISION 2. PLUMBING BOARD Sec. 30-36. Appointment; composition; qualifications. The city council shall appoint a plumbing board consisting of five (5) members, one (1) of whom shall hold a license as journeyman plumber of at least five (5) years' experience, two (2) master plumbers who have engaged in the plumbing business as master plumbers for at least five (5) years in this city, one (1) person who holds a bachelor of science degree in the area of physical sciences, and a fifth member who shall be a representative of the public. (Ord. No. 48-70, Art. I, § 3, 9-21-70; Ord. No. 68-79, § 1, 11-5-79) Sec. 30-37. Terms; filling of vacancies. (a) Members of the plumbing board appointed after November 6, 1979, shall serve for a period of three (3) years, or until their successors are duly appointed. (b) Should a vacancy in the board occur it shall be the duty of the chief plumbing inspector to notify the city manager of such vacancy. The city manager shall, with the consent and approval of the city council, immediately appoint a new member of the board to fill the unexpired term. (Ord. No. 48-70, Art. I, § 4, 9-21-70; Ord. No. 68-79, § 2, 11-5-79) Supp. No. 6 1924 § 30-38 PLUMBING § 30-40 Sec. 30-38. Compensa The members of the compensation. (Ord. No. 19-73, § 1, 4-30-73) tion. plumbing board shall receive no 48-70, Art. I, § 5, 9-21-70; Ord. No. Sec. 30-39. Facilities; meetings. (a) The council shall provide suitable rooms in which the plumbing board may hold its meetings and it shall provide such board with all the necessary and incidental equipment and facilities for holding the examinations and pay the expense thereof. (b) The plumbing board shall meet at least once every three (3) months. They shall also meet whenever the board of health or the city manager shall, in writing, request them to do so. (c) Members of the plumbing 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 by the clerk of the plumbing board. (d) All meetings shall be held in conformance with the provisions of the Iowa Open Meetings Law. (e) The plumbing 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. (Ord. No. 48-70, Art. I, §§ 5, 8, 9-21-70; Ord. No. 19-73, § 1, 4-30-73; Ord. No. 68-79, § 3, 11-5-79) Sec. 30-40. Quorum. Three (3) members of the plumbing board shall constitute a quorum for the transacting of all business, but any action taken by such board shall require a majority vote of all members of the board. (Ord. No. 48-70, Art. I, § 6, 9-21-70) Supp. No. 6 1925 § 30-41 DUBUQUE CODE § 30-42 Sec. 30-41. Clerk. The chief plumbing inspector shall act as the clerk of the plumbing board and it shall be his duty to keep a record of the meetings of such board and to register the names and residences of all persons examined by such board, the result of the examination and the kind of license issued to each, if any, and the date thereof, assist the board in preparing, conducting and grading examinations, and maintain a roster of all apprentices with the board, and perform such other clerical duties as pertains to the board. (Ord. No. 48-70, Art. I, § 7, 9-32-70) Sec. 30-42. Powers and duties. The plumbing board shall: (1) Examination of plumbers; issuance of licenses. Ex- amine all persons applying for licenses as journeyman plumbers or master plumbers to determine their fitness and qualifications as journeyman plumbers or master plumbers and shall issue licenses to all persons who shall have passed a satisfactory exami- nation before such board and shall be determined to be qualified as licensed journeyman plumbers or licensed master plumbers. (2) Approval of material, method, equipment not covered by chapter. Have the authority to approve materials, devices, fixtures, and methods of assemblance, appli- ances or types of installations not covered specifically by this chapter and in the event of national emergency or some other cause beyond local control by reason of which materials, devices, fixtures, methods of assemblage, appliance and types of installations shall not be reasonably available, the board shall have the authority to approve alternates. The board may at its discretion invest as much of this authority in the plumbing inspector as the board deems fit and proper. (3) Service as appeal board. Any person directly in- terested, who is aggrieved by a decision of the Supp. No. 6 1926 § 30-42 PLUMBING 30-53 plumbing inspector, or from any requirements result- ing from the enforcement of this chapter may appeal from such decision to the plumbing board, and such board shall serve as an appeal board, and the board shall sit in hearing. In case the party aggrieved is a board member, such member shall be disqualified as a member of the board acting as an appeal board, until the person aggrieved has been heard and a decision rendered. The appeal shall be made by the person aggrieved, giving written notice of such appeal to the plumbing inspector, within seven (7) days after becoming aggrieved. The appeal board shall meet within seven (7) days after giving of such notice, and shall render a decision within five (5) days thereafter. Any interested party including the plumbing inspec- tors have the right to present the case to the appeal board, whose decision shall be final, unless appealed to the council, or to the court as provided for by law. (4) Revision of code or chapter. Receive and consider suggestions for revision and/or improvements of this chapter or the code adopted by section 30-1 of this chapter and if, in the opinion of the board, such suggestions will contribute to the objectives of this chapter, the board shall submit such suggestions to the city manager and council for consideration, or other appropriate action. (Ord. No. 48-70, Art. I, § 8, 9-21-70) Sec. 30-43. Procedures for operations. All administrative, personnel, accounting, budgetary and procurement policies of the city shall govern the plumbing board in all of its operations. (Ord. No. 68-79, § 4, 11-5-79) Secs. 30-44-30-53. Reserved. Supp. No. 6 1927 § 30-54 DUBUQUE CODE § 30-55 ARTICLE III. PERMITS* Sec. 30-54. Required; exception. (a) No person shall begin installing pipes, fixtures, or other apparatus for bringing in the water supply or removing liquid and water -carried waste in or for any building in the city except as provided in paragraph (c) of this section unless a permit for such work has been issued by the division of plumbing inspection to a master plumber. (b) When a permit had been issued for plumbing work, in no case shall additional work be put in or additional fixtures set without the approval of the chief plumbing inspector, and a new permit shall be obtained for all such additional work or fixtures. (c) Permits will not be required for the removal of stoppage in soil or waste pipes or for replacing broken fixtures, or tanks, or faucets, or repairing leaks in waste pipes or water pipes or tanks, but when repairs are made, only fixtures shall be used to replace broken fixtures as shall conform to the provisions herein prescribed. Traps not previously vented when repaired shall be finished with an approved antisyphon trap. Nothing herein shall, however, be construed to permit the repair or replacement, in whole or in part, of any private sanitary or storm sewer, or any private water service, or any excavating in the streets or other public places in the city, without first having obtained a permit and paying the fee therefor. (Ord. No. 48-70, Art. I, §§ 20, 22, 25, 9-21-70; Ord. No. 2-77, Pt. 1, 2-7-77) Sec. 30-55. Application. Any licensed master plumber desiring a plumbing permit shall file with the division of plumbing inspection an application in writing for such permit stating therein the street and house number, with the owner's name, the name of the licensed plumber, specifying the work to be done and *Cross reference—Licenses and miscellaneous business regulations, Ch. 24. Supp. No. 6 1928 § 30-55 PLUMBING § 30-57 that such work will be done in accordance with the ordinances of the city and rules and regulations of the local and state boards of health. (Ord. No. 48-70, Art. I, § 21, 9-21-70) Sec. 30-56. Issuance. Upon the approval of the application for a permit required by this division, the division of plumbing inspection shall issue a permit to the person applying therefor, stating the name of the owner of the property, the name of the licensed plumber to whom the permit is issued, and the street and house number, and the work authorized to be done thereunder. No permit shall be issued for additional plumbing work in any building where the plumbing is found defective or has been installed or is being maintained contrary to the provisions of the city plumbing ordinances, or the rules and regulations of the local or state boards of health, unless such plumbing is to be corrected, and the permit is taken out to cover the correction of such work. (Ord. No. 48-70, Art. I, § 23, 9-21-70) Sec. 30-57. Fees. (a) Schedule. There shall be charged a permit fee for all plumbing work, either new, replaced, reconstructed, or repaired, except as provided in section 30-54(c), as follows: Supp. No. 6 1928.1 § 30-57 PLUMBING § 30-57 All fixture drain openings $ 2.50 Each garage washrack, settling basin, oil sep- arator, blowoff basin, sewage ejector or similar equipment shall be considered as a fixture. Each bar, soda fountain, refrigerator, air condi- tioning unit or similar equipment requiring in- direct connections to the sewer, each opening shall be considered as a fixture, and the fee for each such waste opening shall be 2.50 Each building sanitary or storm sewer installed, replaced or repaired : a. From main sewer to property line 2.50 b. From property line to building, etc. 2.50 c. From private disposal system to building, etc. 2.50 Each domestic hot water storage tank or range boiler, including furnace coils and electric heat- ing apparatus 2.50 Each water softener or similar device connected to the water supply 2.50 Each roof, area and indirect drain opening to a city storm sewer 2.50 Each building water service installed, replaced or repaired : a. From water main to property line 2.50 b. From property line to building, etc. 2.50 c. From private water supply to building, etc. 2.50 Each private community water distribution sys- tem, per each 100 lineal feet or fraction thereof of all mains and/or tributary mains or services, etc. 2.50 Each private community sanitary and/or storm sewer, per each 100 lineal feet or fraction there- of of all mains and/or all contributory mains and/or building sewers, etc. 2.50 Supp. No. 2 1929 § 30-57 DUBUQUE CODE § 30-69 Each private sewerage or storm water disposal system 10.00 Reinspection of any work found defective or in- stalled contrary to the requirements governing the installation of plumbing 10.00 (b) Delinquent permits. A "stop work immediately" order will be issued to any person who shall commence any work for which a permit is required by this chapter without first having obtained a permit therefor, and shall, if subsequently permitted to obtain a permit, pay double the permit fee fixed by this section for such work; provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the administrative au- thority that such work was urgently necessary and that it was not practical to obtain a permit therefor before the commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, a double fee as herein provided shall be charged. (Ord. No. 48-70, Art.. I, § 24, 9-21-70; Ord. No. 2-77, Pt. 1, 2-7-77) Sec. 30-58. Revocation. When a permit has been issued for plumbing work, the construction of such plumbing shall be subject to the inspec- tion of the division of plumbing inspection at all times and the chief plumbing inspector may revoke such permit at any time when the work is not being done in accordance with the ordi- nances of the city, or the rules and regulations of the local or state boards of health; and it shall be unlawful for any person to proceed further with such work without the written con- sent of the chief plumbing inspector. (Ord. No. 48-70, Art. I, § 27,` 9-21-70) Secs. 30-59-30-69. Reserved. Supp. No. 2 1930 § 30-70 PLUMBING ARTICLE IV. PLUMBERS Sec. 30-70. Definitions. § 30-72 As used in this article, the following terms shall have the meanings indicated : Apprentice shall include any person who does not hold a license as a journeyman plumber or master plumber and is assisting in the installation, alteration or repair of plumbing. Master plumber shall include any person engaged in the business of plumbing, other than as a journeyman plumber, actually engaged in the installation of plumbing, and who em- ploys other licensed plumbers or apprentices, and who is skilled in the planning, superintending and practical installa- tion of plumbing and familiar with the laws, rules and regu- lations governing the same. (Ord. No. 48-70, Art. I, §§ 17, 18, 9-21-70) Cross reference—Rules of construction and definitions generally, § 1-2. Sec. 30-71. Master plumber's license required. Except for the work described in section 30-54(c), no per- son shall engage in installation in buildings, pipes, fixtures and other apparatus for bringing in the water supply and re- moving liquid and water -carried wastes, in the city without first having obtained a master plumber's license. (Ord. No. 48-70, Art. I, § 15, 9-21-70) Cross reference—Licenses and miscellaneous business regulations, Ch. 24. Sec. 30-72. Employment of licensed plumbers required. No person shall employ any person to engage in the art of installing in or for buildings the pipes, fixtures and other ap- paratus for bringing in the water supply and removing liquid and water -carried wastes unless the person so employed is a licensed master plumber. The prohibition contained in this sec- tion shall not apply to licensed journeyman plumbers under the direct supervision of a master plumber, and in the master plumber's employment. (Ord. No. 48-70, Art. I, § 16, 9-21-70) Supp. No. 2 1931 § 30-73 DUBUQUE CODE § 30-74 Sec. 30-73. Examination required; application, fee; re-exam- ination upon failure of examination. Any person desiring to be examined for a license as a journeyman plumber or master plumber, as determined in this article by the plumbing board shall make application to the plumbing board on blanks furnished by the board, setting forth information necessary to establish his qualifications as such ; and each application shall be accompanied by a re- ceipt from the city treasurer for the examination fee of twenty-five dollars ($25.00) for examination for a master plumber, and twelve dollars and fifty cents ($12.50) for ex- amination for a journeyman plumber. Persons failing an ex- amination, in part or in whole, who desire to take the exam again must make application for exam and pay the exam fee as required in the first instance. Persons passing the practical part of an examination shall not be required to take the prac- tical part in subsequent examinations. The fee for an exam- ination shall not include the fee for issuing on initial license. (Ord. No. 48-70, Art. I, § 11, 9-21-70; Ord. No. 2-77, Pt. 1, 2-7-77) Sec. 30-73.1. Fee for license issuance. Applicants who successfully pass an examination shall pay a fee of twenty-five dollars ($25.00) for an initial master plumber's license, or twelve dollars and fifty cents ($12.50) for an initial journeyman plumber's license. (Ord. No. 2-77, Pt. 1, 2-7-77) Editor's note—Provisions of Ord. No. 2-77, Pt. 1, adopted Feb. 7, 1977, amending Ord. No. 48-70, Art. I, § 11, adopted Sept. 21, 1970, and pertain- ing to fees for issuance of initial master and journeyman plumbers' licenses, have been codified herein as § 30-73.1 at the discretion of the editor, said provisions being nonamendatory of the Code. Sec. 30-74. Renewal of licenses, fee; failure to renew. Licenses issued under this article may be renewed annually upon presentation of the treasurer's receipt for the renewal fee on or before January thirty-first of each year following the year in which the license was first issued. The date of Supp. No. 2 1932 § 30-74 PLUMBING § 30-77 such renewal shall be endorsed on the license. In the event the holder of any such license shall [fail to renew the same in the manner herein provided, the license shall] expire and a new one shall not be issued except in compliance with sec- tions 30-73 and 30-73.1 of this article. The annual renewal fee shall be twenty-five dollars ($25.00) for a master plumb- er license and twelve dollars and fifty cents ($12.50) for a journeyman plumber license. (Ord. No. 48-70, Art. I, § 13, 9-21-70; Ord. No. 2-77, Pt. 1, 2-7-77) Sec. 30-75. Revocation of licenses; appeal. In addition to any other penalties, when any holder of a license issued under the provisions of this article shall have been convicted of more than one violation of the provisions hereof, the plumbing board may, in its discretion, revoke such license, whereupon the holder shall on receipt of written notice of such revocation, surrender such license. In the event any person shall feel aggrieved by the action of the board in re- voking his license, he may appeal from such action to the city council by filing written notice of his appeal within ten (10) days from the date of mailing of such notice. The council shall give five (5) days written notice of the date and time of hear- ing to the appealing party, plumbing board and the chief in- spector. Upon hearing the city council may affirm, modify or overrule the action of the board. (Ord. No. 48-70, Art. I, § 14, 9-21-70) Sec. 30-76. Qualifications—Master plumbers. A master plumber shall have a general practical knowledge of the purpose and method of the construction of plumbing work, be competent to plan and supervise the installation of plumbing and shall be required to have some knowledge of mechanical drawing and pass a satisfactory examination show- ing he has the above qualifications and is entitled to a license as a master plumber. (Ord. No. 48-70, Art. I, § 10, 9-21-70) Sec. 30-77. Same—Journeyman plumbers. A journeyman plumber must be able to read blue prints, do simple mathematical problems, and must know the city plumb - Supp. No. 2 1933 § 30-77 DUBUQUE CODE § 30-78 ing ordinances and the rules and regulations of the local or state boards of health governing plumbing. He shall pass a satisfactory examination showing that he has the above quali- fications and is capable of performing practical plumbing and is entitled to a license as a journeyman plumber. (Ord. No. 48-70, Art. I, § 9, 9-21-70) Sec. 30-78. Apprentices to be registered, fee; employment of unregistered apprentices prohibited. No master plumber shall hire or employ or have in his em- ploy, any apprentice to perform any plumbing work unless the apprentice is actually in the presence of and with a licensed plumber. Every person who desires to perform the work of an apprentice plumber shall register his name as an apprentice with the plumbing board at the time of entering on such em- ployment, and on or before the first day of February of each year thereafter so long as such employment shall continue. The apprentice shall be charged two dollars ($2.00) for reg- istration initially, and annually thereafter upon registration. No master plumber may hire or employ, or have in his em- ploy, any apprentice plumber who is not registered with the plumbing board. (Ord. No. 48-70, Art. I, § 19, 9-21-70; Ord. No. 2-77, Pt. 1, 2-7-77) Supp. No. 2 1934 [The next page is 1983] § 36-152 UTILITIES § 36-161 Sec. 36-152. Check valves. Every hot water system should have a check valve installed between such system and the water meter. Wherever a check valve is installed, there shall also be installed on the hot water distributing system a suitable relief valve to protect the sys- tem from excessive pressure from hot water or steam. (Ord. No. 5-59, § 33, 2-9-59) Sec. 36-153. Accuracy; testing. (a) Where the accuracy of a meter is questioned, it shall be removed by the city water department at the request of the consumer and shall be tested in his presence, in the shop of the city water department by means of the apparatus provided for that purpose. Both parties to the test must accept the findings thus made. (b) If the meter is found to register satisfactorily, the � water actually passing through it, a charge of three dollars ($3.00) will be made to pay the cost of making the test. If 'gl the meter is found to measure unsatisfactorily, the water passing through it, no charge will be made for the test and a proportional reduction will be made from the previous bill. (c) A water meter shall be considered to register satisfac- torily when it registers within two (2) per cent of accuracy. (Ord. No. 5-59, § 34, 2-9-59) Sec. 36-154. When read. Meters on domestic services or small users of water shall be read bi-monthly. Meters on commercial services or large users of water shall be read monthly. (Ord. No. 5-59, § 35, 2-9-59) Secs. 36-155-36-160. Reserved. DIVISION 4. RATES /3-X/ Sec. 36-161. Residential, commercial and industrial uses. d� (a) Commencing with all meter readings on April 1, 1980, the rates to be charged for water for residential, commercial, Supp. No. 7 2301 § 36-161 DUBUQUE CODE § 36-161 industrial and other uses and purposes by any person, firm or corporation supplied water within the city shall be fixed and determined as follows: (1) Water rates for users within the city, whose meters are read monthly, shall be as follows: Consumption Charge per (cubic feet) Hundred Cubic Feet First 200 $1.90 Next 2,800 0.95 Next 12,000 0.75 Next 35,000 0.65 Next 50,000 0.57 Over 100,000 0.50 The minimum monthly charge according to size of meters shall be as follows: Meter Size Minimum Allowance (inches) Charge (cubic feet) '/3 $ 1.90 200 3/4 7.60 800 1 12.35 1,300 114 19.95 2,100 11/2 24.70 2,600 2 40.50 4,600 3 85.50 10,600 4 130.20 16,800 6 260.20 36,800 8 417.25 62,500 (2) Water rates for users within the city, whose meters are read bimonthly, shall be as follows : Consumption Charge per (cubic feet) Hundred Cubic Feet First 400 $ 3.80 Next 5,600 0.95 Next 24,000 0.75 Next 70,000 0.65 Supp. No. 7 2302 § 36-161 UTILITIES § 36-162 Consumption Charge per (cubic feet) Hundred Cubic Feet Next 100,000 0.57 Over 200,000 0.50 The minimum meters shall be Size of Meter (inches) '/s 8 1 11/4 11/2 2 bimonthly charge according to size of as follows: Minimum Charge $ 3.80 15.20 24.70 39.90 49.40 81.00 Allowance (cubic feet) 400 1,600 2,600 4,200 5,200 9,200 (b) Commencing with all meter readings on and after April 1, 1980, the rates to be charged for water supplied by the city water department to residential, commercial, industrial and other uses and purposes by any person, firm or corporation outside the corporate limits of the city shall be the same rates provided in subsection (a) hereof, plus an additional fifty (50) per cent to the rates listed in said subsection. (Ord. No. 64-68, §§ 1, 2, 10-28-68; Ord. No. 15-76, §§ 1, 2, 5-3-76; Ord. No. 33-76, §§ 1, 2, 7-6-76; Ord. No. 18-80, § 1, 3-11-80) Sec. 36-162. Fire sprinkler service. /"-e-- Commencing December 1, 1976, the following yearly charges for fire sprinkler service supplied by the city water depart- ment shall be paid semiannually in advance, which charges are fixed and determined as follows : Number of Heads Annual Charge Up to 200 (minimum annual charge) $100.00 200 to 300 120.00 300 to 400 ____ 140.00 400 to 600 __ __ 160.00 600 to 800 180.00 Supp. No. 7 2303 § 36-162 DUBUQUE CODE § 36-163 Number of Heads Annual Charge 800 to 1000 200.00 1000 to 1200 220.00 1200 to 1400 240.00 1400 to 1600 _. 260.00 1600 to 1800 280.00 1800 to 2000 ____ 300.00 2000 to 2200 320.00 2200 to 2400 ___.. 340.00 2400 to 2600 360.00 2600 to 2800 380.00 2800 to 3000 400.00 3000 to 3500 ___ 420.00 Over 3500, for each additional 500 or fraction thereof 20.00 (Ord. No. 64-68, § 3, 10-28-68; Ord. No. 15-76, § 3, 5-3-76) Sec. 36-163. Construction use. (a) When a temporary water service is desired for con- struction work, application shall be made to the superintendent of the water department. A deposit equal to the actual cost of the meter and fittings shall be paid in advance. The applicant shall guarantee payment of such water service charges and return said meter in good condition. (b) The applicant shall thereupon install a suitable meter, furnished by the water department, and shall pay for all water furnished in accordance with the then prevailing water rates including minimum monthly charges. (c) If it is the opinion of the superintendent of the water department that the placement of a meter is impractical, then the deposit for meter and fittings shall not be required but the following charges shall prevail and a suitable deposit as determined by the superintendent of the water department shall be required, but under no conditions shall water be used for sprinkling lawns or wetting down yards unless a meter has been installed on the service. (1) For water used in the construction of a residence or small building, a two dollar ($2.00) permit fee shall be Supp. No. 7 2304 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 47-80 7- 7-80 1 App. A, § 5-105.3(1), (2) 2 App. A, § 5-105.3(7) 3 App. A, § 5-105.10 4 App. A, § 5-105.2 (table) 52-80 7-21-80 1 25-290 54-80 8-18-80 1 App. A, § 1-104.4(7) 2 App. A, § 4-122 3 App. A, § 5-104.4 4 App. A, § 5-104.4.7 (table) 5 App. A, § 5-105.2 (table) 56-80 8-18-80 1, 2 App. A, Art. XI 57-80 8-18-80 1 App. A, § 4-115.2(6) 58-80 8-18-80 1 25-167 59-80 8-18-80 1 36-11.1(a) 60-80 9- 2-80 1 36-56 61-80 9- 2-80 1 33-90-33-92 64-80 9-15-80 1 37-53 66-80 11- 3-80 1 25-191 68-80 11-17-80 1 25-245 69-80 12- 8-80 1 26-5 70-80 12- 8-80 1 36-53 71-80 12-22-80 Rpld 20-1--20-16 Added 20-1-20-18 72-80 12-22-80 1.03 20-403(d) 1.04 20-403(a)—(c) 73-80 12-22-80 1 25-187.1(a) 2 Rpld 25-187.1(c) Supp. No. 8 2981 [The next page is 3001] CODE INDEX EXPLOSIVES AND BLASTING AGENTS Section Blasting Bonds 26-45 Definitions 26-44 Permits Applicant's responsibility for costs of city inspector 26-48 Application 26-56 Bond and fee 26-56 Issuance 26-57 Prerequisites to 26-56 Required 26-55 Qualifications of person in charge 26-46 Safeguards, authority to require 26-47 Caps containing dynamite, blank cartridges, etc. 26-14 Firearms, discharging 26-13 Firearms and weapons. See that title Storage of dynamite, gunpowder, etc. 26-10 Streets, discharging fireworks or explosives on 33-1 F FALK PLAYGROUND Parks and recreation 27-101, 27-102 Parks and recreation. See that title FALSE AND FRAUDULENT REPORTS Reporting 26-6 FEDERAL AVIATION REGULATIONS Airport regulations adopted 4-3 Airports and aircraft. See that title FENCES, WALLS, HEDGES AND ENCLOSURES Junk and salvage operations, fencing 22-5 Livestock keeping restrictions 4-2 Animals and fowl. See that title Park fences, climbing on 27-51 Parks and recreation. See that title Swimming pool fencing requirements 10-37 FIGHTING Disturbing the peace 26-2 FILLING STATIONS. See: Gasoline Service Stations, Etc FINANCES Bonds, approval 2-4 Industrial revenue bonds 111/2 -126, 111/2 -127 Industrial projects. See that title City treasurer 2-159 et seq. City treasurer. See that title Supp. No. 6 3035 DUBUQUE CODE FINANCES—Cont'd. Section Deposits of municipal funds by employees 2-73 Fiscal year designated 2-3 General special assessment fund 2-6 Industrial revenue bonds 11'/2 -126, 111/2 -127 Industrial projects. See that title Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code FINES, FORFEITURES AND PENALTIES General penalty 1-8 Code of ordinances. See that title FIRE ALARM SYSTEM Damaging, interfering with 14-10 FIRE DEPARTMENT Bicycles following fire apparatus 9-4 Bureau of fire prevention 14-32 et seq. Fire prevention. See that title Emergency succession in office 2-199 et seq. Emergency succession. See that title Interference with, resisting, obstructing 26-5 Service outside city 14-25 FIRE EXTINGUISHERS Service station fire extinguishers 14-50 Gasoline service stations and tank trucks. See that title FIRE HYDRANTS Caps, removal 14-11 Parking by 25-256(4) Use restricted 36-101 Water and sewers. See that title FIRE PREVENTION Appeals 14-2(2.302) Bureau of fire prevention Annual report, recommendation 14-34 Established 14-32 Modification of code; power of bureau chief 14-2(2.301) Officers, personnel 14-33 Supervision 14-32 Burning of trash, refuse 17-1 Code Adopted 14-1 Amendments, modifications, additions and deletions 14-2 Conflicts 14-12 Definitions 14-3 Supp. No. 6 3036 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 20-1 et seq. 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 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 26-14 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 Supp. No. 8 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) FLOODING Housing 20-5.03(j) Housing. See that title 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 Dormitories or rooming houses; food service 20-5.01(b) Housing. 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) Supp. No. 8 3038 CODE INDEX HOME FOR THE AGED Section City -operated ambulance rates 18-52 HOME OCCUPATIONS Zoning. See that title HORNS, SIGNALING DEVICES, ETC. Prohibited noise, noise regulations, etc. 26-139 et seq. Noises. See that title HORSE-DRAWN VEHICLES Public parks, in 27-38 Parks and recreation. See that title HORSES Animals at large, etc. 7-2 Animals in general. See: Animals and Fowl Persons discharging explosives, fireworks, etc., near .. 33-1 HOSPITALS City -owned ambulance rates 18-52 False and fraudulent reports 26-6 Prohibited noise, noise regulations, etc. 26-139 et seq. Noises. See that title HOTELS AND MOTELS Accommodations or services Prohibited practices 21-48 Unfair and discriminatory practices. See that title Hotel and motel tax. See: Taxation Miscellaneous business licenses 24-3(2) HOUSE OF ILL FAME Prostitution 26-8 HOUSE-TO-HOUSE SALESMEN Peddlers' regulations 28-1 et seq. Peddlers, canvassers and solicitors. See that title HOUSING Abrogation 20-18 Access and egress 20-8 Accessory structures 20-7.11 Air conditioning. See within this title: Heating, Lighting, Air Conditioning, etc. Animals and fowl Nondomesticated animals or birds, keeping prohibited . 20-5.02(e) Appeals board Created; membership; adopting rules and regulations 20-12 Hearing appeals, procedure for 20-13 Supp. No. 8 3046 DUBUQUE CODE HOUSING—Cont'd. Section Basements Space requirements 20-5.03(e) Bathtubs. See within this title: Water Closets, Lavatories, etc. Board of appeals. See within this title: Appeals Board Ceilings. See within this title: Floors and Ceilings Chimneys, vents and flues 20-6.01(c) Condemnation proceedings Unfit dwellings for human habitation. See within this title that subject Conflicting provisions 20-18(b) Compliance Notice of violations; order of compliance 20-11 Definitions 20-2 Demolition. See within this title: Repair or Demolition Disconnecting utilities Authority to order 20-3.01(e) Doors. See within this title: Windows and Doors Dormitories or rooming houses Food services and dining facilities 20-5.01(b) Drains 20-7.04 Effective date 20-18(d) Egress and access 20-8 Electricity and illumination 20-6.02 Elevators 20-7.10 Environmental considerations Excessive noise, flooding, vibration or traffic, fire hazards, trash accumulation, vermin or rodent infestation 20-5.03(j) Federal regulations; housing quality standards 20-17 Fire protection Extinguishers 20-9 Fire hazards 20-5.03(j) Flooding 20-5.03(j) Floors and ceilings Rodent proofing and maintenance 20-7.07 Food preparation 20-5 Foundations. See within this title: Walls and Foundations Garbage and refuse 20-5.02(c) Accumulations of trash 20-5.03(j) Health and sanitation Garbage and refuse. See within this title that subject Water closets, lavatories, bathrooms or showers 20-5.02 Health officer Authority; powers and duties 20-3.01 Enforcement of orders of 20-14 Supp. No. 8 3046 CODE INDEX INTERSECTIONS. Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Traffic. See that title Section INTERSTATE COMMERCE Peddlers' provisions 28-22 Peddlers, canvassers and solicitors. See that title INTOXICATING LIQUOR Alcoholic beverage regulations 5-1 et seq. Alcoholic beverages. See that title INTOXICATION Public drunkenness 26-9 IOWA, STATE OF. See: State ITINERANT MERCHANTS Peddlers' regulations 28-1 et seq. Peddlers, canvassers and solicitors. See that title J JACOB BRAKE Prohibited noise, noise regulations, etc. 26-139 et seq. Noises. See that title JOINT AUTHORITY Word usage for interpreting code 1-2 JUNK AND JUNK DEALERS Construction tools Required notice upon receipt of 22-4 Definitions 22-1 Fencing requirements 22-5 Licenses Fees 22-18 Required 2247 Minors, dealing with 22-3 Records required 22-2 Salvage operations Fences required 22-5 JUNK STORAGE Housing restrictions 20-107 Housing. See that title Supp. No. 5 3053 DUBUQUE CODE K KNIVES Section Concealed weapons 26-12 Firearms and weapons. See that title L LABORERS Assembling for purpose of intimidation 26-31 Human relations provisions 21-1 et seq. Unfair employment practices 21-56 et seq. Human rights commission. See that title LAND, REAL ESTATE Defined 1-2 LAUNCHING RESTRICTIONS Municipal dock 26-116 Municipal waterfront and docks. See that title LAVATORY FACILITIES Dwelling units 20-71 Housing. See that title LAWNMOWERS Noise, creating 26-143(c) LAWSUITS City solicitor, generally 2-141 et seq. City solicitor. See that title LAWYERS City solicitor 2-141 et seq. City solicitor. See that title LEASES Noise equipment, leasing 26-146 LEGAL DEPARTMENT City solicitor Appointment; representing city and city officers and employees 2-143 Corporation counsel Adjusting claims or litigation pending against the city 2-144 Chief legal officer, appointment as; powers and du- ties generally 2-141 Specific powers and duties 2-142 Established 2-141 LEGAL HOLIDAYS. See: Holidays Supp. No. 5 3054 CODE INDEX PEDDLERS, CANVASSERS AND SOLICITORS—Cont'd. Section Permanence of business is in doubt Special agreement with merchants 28-20 Personal nature 28-23 Required 28-17 Special agreements 28-20 Transferability 28-23 Milk and bakery peddlers exempted from certain provi- sions 28-26 Prohibited noise, noise regulations, etc. 26-139 et seq. Noises. See that title Temporary stands or vehicles Peddling restricted 28-2 PEDESTRIANS Traffic regulations 25-236 et seq. Traffic. See that title PENALTIES Fines, forfeitures and penalties. See that title General penalty 1-8 Code of ordinances. See that title PENS Livestock keeping restrictions 7-2 Animals and fowl. See that title PENSIONS Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code PERSON Defined 1-2 PERSONAL PROPERTY Defined 1-2 Property in general. See: Property PERSONNEL Appointive personnel. See: Officers and Employees PEST CONTROL Housing responsibilities 20-128 Housing. See that title Rat control 24-78 et seq. Rat control. See that title PETRAKIS PARK Parks and recreation 27-86 et seq. Parks and recreation. See that title Supp. No. 6 3067 DUBUQUE CODE PHOTOGRAPH ORDERTAKERS Peddlers' regulations Peddlers, canvassers and solicitors. See that title Section PHRENOLOGY Fortunetellers' license requirements 24-46 et seq. PICKETING Assembling for purpose of intimidation 26-31 PIGS Animals at large, etc 7-2 Animals in general. See: Animals and Fowl PILE DRIVERS, HAMMERS, ETC. Prohibited noise, noise regulations, etc. 26-139 et seq. Noises. See that title PISTOLS Concealed weapons 27-12 Firearms and weapons. See that title PLANNING Development planner Office created; appointment 29-31 PLANNING AND ZONING COMMISSION Appointment 29-16 Compensation 29-18 Composition 29-16 Created 29-16 Organization 29-19 Powers General powers 29-20 Terms of office 29-17 Vacancies, filling 29-17 PLANTS Trees and shrubbery. See that title PLAYGROUNDS Parks and recreation 27-1 et seq. Parks and recreation. See that title PLAZAS Street defined to include 1-2 Streets in general. See: Streets and Sidewalks PLUMBING Apprentice Defined 30-70 Registration; fee; employment of unregistered appren- tices 30-78 Supp. No. 6 3068 CODE INDEX PLUMBING—Cont'd. Section Automatic clothes washing machine Drain restrictions 30-7 Code Adopted 30-1 Variations 30-10 Violations and penalties 30-12 Damages Liability construed 30-11 Division of plumbing inspections 30-24 Effect of provisions re liability for damages 30-11 Employment of licensed plumbers required 30-72 Examination of plumbers 30-42 Required; application, fee; re-examination upon failure 30-73 Fees for variations 30-10 Heating, air conditioning and ventilating 19-1 et seq. Heating, air conditioning and ventilating. See that title Housing standards 20-1 et seq. Housing. See that title Inspections Notice of defects 30-29 Prerequisites to covering or use of work 30-28 Request for 30-29 Time limit for correcting defects 30-29 Inspectors 30-25 Division of plumbing inspectors 30-24 Emergency succession in office 2-199 et seq. Emergency succession. See that title Interference with certificates or notices 30-27 Right -of -entry 30-26 Joints 30-3 Journeyman plumbers Qualifications 30-77 Kitchen sink wastes 30-6 Liability for damages construed 30-11 Licenses Employment of licensed plumbers required 30-72 Fee for license issuance 30-73.1 Issuance, duties of board 30-42 Master plumbers 30-71 Renewal 30-74 Failure to renew 30-74 Revocation, appeals 30-75 Location of shutoffs 30-4 Master plumber Defined 30-70 Qualifications 30-76 Supp. No. 6 3069 DUBUQUE CODE PLUMBING—Cont'd. Section Master plumber's license Required 30-71 Permits Application 30-55 Fees 30-57 Issuance 30-56 Required, exceptions 30-54 Revocation 30-58 Pipe Types of pipe, restrictions as to 30-2 Plumbers Definitions 30-70 Qualifications 30-76 et seq. Plumbing board Appointment, composition, qualifications 30-36 Clerk 30-41 Compensation 30-38 Meetings and facilities 30-39 Operating procedures 30-43 Powers and duties 30-42 Quorum .,.. 30-40 Terms, vacancies 30-37 Private disposal systems 36-43 et seq. Water and sewers. See that title Qualifications of plumbers 30-76 et seq. Registration of apprentices 30-78 Sanitary sewers Prohibited connections 30-5 Shutoffs Location on water lines 30-4 Types of pipe, restrictions as to 30-2 Variations from provisions 30-10 Violations Penalties 30-12 Water closet and urinal vacuum breakers 30-8 Water pipe size 30-9 POLICE DEPARTMENT Bicycle registration 9-22 et seq. Bicycle. See that title Dance halls, employment of police officer in 6-96 Public dances and dance halls. See that title Dead dogs, notification re 7-49 Emergency succession in office 2-199 et seq. Emergency succession. See that title False or fraudulent reports 26-6 Impersonating an officer 31-1 Interfering, obstructing, etc 26-5 Supp. No. 6 3070 CODE INDEX TAXATION—Cont'd. Section Property taxes Assessment procedures 35-7 City assessor Appointment 35-6 Exemption Agricultural lands, partial exemption for 35-11 Industrial real estate New construction and acquisition or improvement of machinery or equipment Partial exemption 35-12 TAXICABS Generally 38-16 et seq. Vehicles for hire (taxicabs). See that title TELEVISION Cable television 36-181 et seq. Cable television. See that title TENEMENTS Definitions for interpreting code 1-2 TENSE Word usage for interpreting code 1-2 TENT SHOWS Open air shows 6-75 et seq. Open air shows. See that title THEATERS AND HALLS Adult entertainment establishments App. A Zoning. See that title Compliance with state and city regulations 6-131 Exemptions 6-132 Licenses Fees 6-129 Proration 6-130 Required 6-128 Open air shows 6-75 et seq. Open air shows. See that title Smoking in 14-9 THROUGH STREETS Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code THROWING STONES, ETC. Parks, in 27-43 Parks and recreation. See that title Supp. No. 6 3087 DUBUQUE CODE TIME Section Computing time for interpreting code 1-2 TOBOGGANING Coasting areas 33-11 et seq. TORNADOES, ETC. Emergency location for city government 2-5 TOY PISTOLS Sale and use of 26-14 Firearms and weapons. See that title TRADES Occupational license requirement in general 24-1 et seq. Licenses and permits. See that title TRAFFIC Accidents Cleaning up wrecks 25-156 Damage to vehicles only, duty re 25-44 Fixtures on highway Duty of driver upon sriking 25-47 Information and aid Duty of driver to give 25-45 Reports required 25-43 Unattended vehicle Duty upon striking 25-46 Administration 25-16 et seq. Advertising vehicles Operation 25-189 Parking 25-268 Alley Defined 25-2 Parking restrictions. See within this title: Parking, Stopping and Standing Ambulances. See also that title Authorized emergency vehicles. See within this title that subject Angle parking. See within this title: Parking, Stopping and Standing Animals or animal -drawn vehicles Applicability 25-3 Control of vehicle in vicinity 25-221 Traffic defined in reference to 25-2 Applicability 25-3 Arrests. See hereinbelow: Violations Arterial streets Snow removal operations. See within this title that subject Supp. No. 6 3088