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1 Supplement No. 11 - Code of Ordinances -TABLE OF CONTENTS—Cont'd. Chapter Page 9'/a . Boats, Boating, Docks and Waterfront 529 Art. I. In General 529 Art. II. Division of Public Docks 534.1 10. Buildings and Building Regulations 561 Art. I. In General 561 Art. II. Repair, Demolition and Removal of Unsafe Buildings 594 Art. III. Swimming Pools 595 10'/2. Civic Center 621 Art. I. In General 621 Art. II. Civic Center Commission 621 11. Civil Defense 649 Art. I. In General 649 Art. II. County—Municipal Civil Defense Agency 649 11'/2. Community Development 671 Art. I. In General 671 Art. II. Community Development Commis- sion 671 Art. III. Housing Rehabilitation 676 Div. 1. Generally 676 Div. 2. Rehabilitation Commission 676 Art. IV. Low -Rent Housing 682 Div. 1. Generally 682 Div. 2. Housing Commission 682 Art. V. Industrial Projects 684 12. Elections 703 Art. I. In General 703 Art. II. Precincts 704 Art. III. Wards 724 13. Electricity 771 Art. I. In General 771 Art. II. Electrical Code 771 Div. 1. Generally 771 Div. 2. Installation Standards and Re- quirements 773 Supp. No. 10 xvii DUBUQUE CODE Chapter Page Div. 3. Building Official and Electrical Inspector 776 Div. 4. Electrical Appeal Board 777 Div. 5. Permits 779 Div. 6. Enforcement 792.1 Art. III. Registration of Electricians 792.4 Div. 1. Generally 792.4 Div. 2. Examining Board 793 14. Fire Prevention and Protection 843 Art. I. In General 843 Art. II. Fire Department 848 Div. 1. Generally 848 Div. 2. Bureau of Fire Prevention 850 Art. III. Service Stations and Tank Trucks 851 Div. 1. Generally 851 Div. 2. Service Station Licenses 856 15. Flood Damage Control 909 Art. I. In General 909 Art. II. Flood Areas 909 16. N'ood and Food Handlers 955 Art. I. In General 955 Art. II. Food Service Establishments 955 Art. II1/2. Food and Beverage Vending Ma- chines 958 Art. III. Milk and Milk Products 962 Div. 1. Generally 962 Div. 2. Milk Plants 963 Art. IV. Slaughterhouses and Meat -Packing Plants 964 Div. 1. Generally 964 Div. 2. License 966 17. Garbage, Trash and Refuse 1017 Art. I. In General 1017 Art. II. Collection 1018 Div. 1. Generally 1018 Div. 2. City Collection Service 1022 Div. 3. Private Collection Service 1026 Supp. No. 10 xviii TABLE OF CONTENTS—Cont'd. Chapter Page Art. III. Disposal 1026.1 Div. 1. Generally 1026.1 Div. 2. Public Landfill Sites 1027 Div. 3. Private Landfill Sites 1030 18. Health and Sanitation 1081 Art. I. In General 1081 Art. II. Ambulances 1082 Div. 1. Generally 1082 Div. 2. Licenses 1087 Div. 3. City -Operated Service 1097 19. Heating, Air Conditioning and Ventilating 1149 191/2 . Historical Preservation 1171 20. Housing Regulations 1205 21. Human Relations 1283 Art. I. In General 1283 Art. II. Human Rights Commission 1285 Art. II V2. 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 Dealers, Secondhand Dealers and Pawn- brokers 1351 Art. I. In General 1351 Art. II. Licenses 1354 23. Library 1405 24. Licenses and Miscellaneous Business Regula- tions 1459 Art. I. Occupational Licenses Generally 1459 Art. II. Central Market 1463 Supp. No. 10 xix DUBUQUE CODE Chapter Page Art. III. Fortunetellers, Etc. 1466.1 Art. IV. Going -Out -of -Business Sales 1466.2 Art. V. Rat Control 1468 Art. VI. Commercial Practices 1473 Div. 1. Generally 1473 Div. 2. Weights and Measures 1474 25. Motor Vehicles and Traffic 1527 Art. I. In General 1527 Art. II. Administration and Enforcement 1534 Div. 1. Generally 1534 Div. 2. Traffic -Control Devices 1536 Art. III. Accidents 1540 Art. IV. Noise Control 1542 Art. V. Motor Vehicles 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 Supp. No. 10 xx TABLE OF CONTENTS—Cont'd. Chapter Page Art. IV. Gambling 1677 Art. V. Model Glue 1678 Art. VI. Reserved 1679 Art. VII. Noises 1680 Div. 1. Generally 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 Facili- ties 1756 Div. 1. Generally 1756 Div. 2. Playground and Recreation Commission 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 31. Police 1983 Art. I. In General 1983 Art. II. Burglary and Robbery Alarm Per- mits 1984 32. Railroads 2033 Supp. No. 10 xxi DUBUQUE CODE Chapter Page 33. Streets, Sidewalks and Public Places ... , 2087 Art. I. In General 2087 Art. II. Curbs and Drivesays .. 2091 Div. 1. Generally 2091 Div. 2. Permit 2092 Art. III. Excavations 2094 Div. 1. Generally 2094 Div. 2. Permit 2096 Art. IV. Snow and Ice Removal 2097 Div. 1. Generally 2097 Div. 2. Sidewalks , 2098 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 Easements2160 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. 10 TABLE OF CONTENTS—Cont'd. Chapter Page Div. 4. Rates 2275 Art. III. Reserved 2280 Art. IV. Water 2280 Div. 1. Generally 2280 Div. 2. Connections 2290 Div. 3. Meters 2298 Div. 4. Rates 2301 Art. V. Cable Television 2305 Div. 1. Generally 2305 Div. 2. Dubuque Cable TV Commission 2306 37. Vegetation 2355 Art. I. In General 2355 Art. II. Trees 2355 Div. 1. Generally 2355 Div. 2. Tree Trimmers 2355 Div. 3. Dutch Elm Disease 2357 Art. III. Weeds 2359 38. Vehicles for Hire and Public Transportation 2411 Art. I. In General 2411 Art. II. Taxicabs 2411 Div. 1. Generally 2411 Div. 2. Permits and Licenses 2414.1 Art. III. Transit System 2419 Div. 1. Generally 2419 Div. 2. Transit Authority 2419 Div. 3. Transit Manager 2423 Appendix A. Zoning 2469 Art. I. Establishment of Districts; Provisions for Official Zoning Map and Interpre- tation and Amendment Thereof 2471 Art. II. Nonconforming Lots, Uses of Land, Uses of Structures and Premises, and Characteristics of Use: Amorti- zation Provisions 2474.1 Art. III. General Provisions 2481 Art. IV. District Regulations 2489 Art. V. Supplementary District Regulations 2581 Supp. No. 8 DUBUQUE CODE Appendix Page Art. VI. Board of Adjustment: Powers and Duties: Variances: Conditional Uses 2614.2 Art. VII. Administration and Enforcement; Required Permits and Certificates . 2624.1 Art. VIII. Amendments and Zoning Reclas- sification; Procedures and Policies 2629 Art. IX. Violations and Penalties 2635 Art. X. Schedule of Fees 2636 Art. XI. Definitions 2638 Art. XII. Adoption and Repeal of Conflicting Ordinances 2650 Code Comparative Table 2951 Code Index 3001 Supp. No. 8 xxiv Chapter 10 BUILDINGS AND BUILDING REGULATIONS* Art. I. In General, §§ 10-1-10-16 Art. II. Repair, Demolition and Removal of Unsafe Buildings, §§ 10-17-10-32 Art. III. Swimming Pools, §§ 10-33-10-38 ARTICLE I. IN GENERAL Sec. 10-1. Uniform Building Code—Adopted. Except as hereinafter added to, deleted, modified or amended, there is hereby adopted as the building code of the city that certain building code known as the Uniform Building Code, 1979 edition, including the 1979 Uniform Building Code Standards and 1979 Uniform Building Code Appendix, as prepared and edited by the International Conference of Building Officials of Whittier, California, and the provisions of such building code shall be controlling in the construction of buildings and other structures and in all matters covered by such building code within the corporate limits of the city and shall be known as the "Dubuque Building Code." (Ord. No. 3-75, § 1, 1-20-75; Ord. No. 76-79, § 1, 12-17-79) Cross references—Electrical code adopted, § 13-16; fire prevention code adopted, § 14-1; heating, air conditioning and ventilating code adopted, § 19-1; housing regulations, Ch. 20; plumbing code, § 30-1; subdivision regulations, Ch. 34; sewers and sewage disposal, Ch. 36, Art. II. State law reference—Adoption of codes by reference, I.C.A. § 380.10. Sec. 10-2. Same—Amendments. The code adopted by section 10-1 of this chapter is hereby amended as provided in this section: *Cross references—Sign construction, Ch. 3, Art. III, Div. 2; historical preservation, Ch. 191/2 ; construction restricted for purposes of rat control in business buildings, § 24-84; fees for water use during construction, § 36-163. Supp. No. 6 561 § 10-2 DUBUQUE CODE § 10-2 Sec. 201. Section 201, "Creation of Enforcement Agency," is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: Creation of Enforcement Agency Sec. 201. (a) Creation of Division. There is hereby established in the city the building inspection division which shall be under the jurisdiction of the building official. (b) Qualifications of the Building Official. The building official shall be a person competent to carry out the intent and purpose of this code. (c) Appointment of Building Official. The building official shall be appointed by and serve at the pleasure of the city manager. (d) Organization. The city council shall provide the building official with the necessary number of assistants, inspectors and other employees as shall be necessary for the administration of this code. (e) Conflicts of Interest. No official or employee connected with the building inspection division shall be engaged in or directly or indirectly connected with the furnishing of labor, materials, or appliances for the construction, alteration, repair or maintenance of a building, or the preparation of plans or of specifications therefore unless he/she is the owner of the building, nor shall such official or employee engage in any work, employment or consultation which conflicts with his/her official city duties or conflict with the interests of the division or of the city. (Ord. No. 76-79, § 2, 12-17-79) Sec. 202. Section 202, "Powers and Duties of Building Official," is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: Sec. 202. (a) General. The building official is hereby authorized and directed to enforce all the provisions of this code. For such purposes he shall have the powers of a police officer. Supp. No. 6 562 § 10-5 BUILDINGS, BUILDING REGULATIONS § 10-16 Avenue thence westerly along West Twenty-third Street to its intersection with Lewis Street; thence northwesterly along Lewis Street to its intersection with Fulton Street; thence northerly along Fulton Street to its intersection with King Street; thence easterly along King Street and its easterly extension to its intersection with Central Avenue; thence south- erly along Central Avenue to its intersection with West Twenty-third Street which is the point of beginning. (b) Discretionary waiting period. Upon receiving an appli- cation for a demolition permit for any building located in whole or in part within the areas described in paragraph (a) of this section, the building commissioner shall immediately notify the city council of such application. At its next regular meeting the council must then take formal action to either approve or withhold the demolition permit for a specified period not to exceed ninety (90) days. If the council fails to take action to approve or withhold the demolition permit at its next regular meeting, the building commissioner shall issue the permit forthwith. The council may in its discretion withhold the demolition permit whenever it determines that the building for which the permit is sought may be of his- torical or architectural significance to the city. The purpose of this waiting period is to enable the council to have time to investigate the historical or architectural value of the building to the community and to take such action(s) as may be appropriate to ensure or encourage its preservation. How- ever, nothing in this section shall authorize the withholding by the building commissioner of a demolition permit for more than ninety (90) days following notification to council of application for such permit. (c) Guidelines. The report, "The Heritage of Dubuque" dated March 1974 and filed of record on January 27, 1975, shall be considered as a comprehensive study for the historical preservation of the city and one of the guides to be considered at such time as a demolition permit is applied for in a refer- ence neighborhood. (Ord. No. 7-75, §§ 1-3, 2-10-75) Secs. 10-6-10-16. Reserved. 593 § 10-17 DUBUQUE CODE'. § 10-19 ARTICLE II. REPAIR, DEMOLITION AND REMOVAL OF UNSAFE BUILDINGS* Sec. 10-17. Notice to owner to repair or remove. When the city manager shall determine that any building or structure within the city is dangerous to life, health or property because of its condition or manner of construction, he is hereby authorized and empowered to issue a notice describing the dangerous condition and directing that such condition be corrected or the building or structure dismantled within ten (10) days from the date of the issuance of such notice. Such notice shall be addressed to the owner of the property as shown by the county auditor's tax rolls and may be served by registered mail addressed to such owner at his last known address. In the event the owner of such property or his address is unknown to the city manager after reason- able inquiry, an affidavit to that effect shall be executed by the city manager and filed with the city clerk and the notice provided for herein may thereupon be served by posting a copy thereof on the building or structure affected. (Ord. No. 35-52, § 1, 10-13-52) Sec. 10-18. Manager's report to council upon owner's failure to comply with notice of section 10-17. Whenever a notice has been issued pursuant to section 10-17 and has not been complied with, the city manager shall report his findings to the city council describing the condition com- plained of, the time and manner of the service of the notice, the description of the building or structure and the real estate upon which the same is situated, the name and address of the owner as shown by the tax rolls and stating his recommenda- tions. (Ord. No. 35-52, § 2, 10-13-52) Sec. 10-19. Notice of hearing on manager's report. Upon receipt of the city manager's report pursuant to sec- tion 10-18 the city council shall set a time and place for *Cross reference—Unfit dwellings, Ch. 20, Art. VII. 594 4 § 10-35 BUILDINGS, BUILDING REGULATIONS § 10-37 Valuation Fee 15001-16000 68.00 16001-17000 72.00 17001-18000 76.00 18001-19000 80.00 19001-20000 84.00 (Ord. No. 31-75, § 3, 7-21-75) Cross reference—Licenses, permits and miscellaneous business regula- tions, Ch. 24. Sec. 10-36. Construction. Plans and specifications concerning a swimming pool shall be submitted to the building department and such pool shall be designed and constructed in accordance with generally accepted standards and practices, as outlined in the latest edition of "Recommended Practice for Design, Equipment and Operation of Swimming Pools and Other Public Bathing Places," of the American Public Health Association. (Ord. No. 31-75, § 2, 7-21-75) Sec. 10-37. Fencing requirements. (a) Every person in possession of land upon which is situ- ated a swimming pool shall, at all times, maintain on the lot or premises upon which such pool is located and completely surrounding such pool, lot or premises, a fence or other struc- ture not less than five (5) feet in height with no openings therein, other than doors or gates, larger than six (6) inches in any dimension ; provided, however, that if a picket or sim- ilar fence is erected or maintained the horizontal dimension of the openings, other than the gates or doors, shall not exceed four (4) inches. (b) All gates or doors opening through such enclosure shall be equipped with self-closing and self -latching devices de- signed to keep, and capable of keeping, such gate or door securely closed and latched at all times when not in actual use. Such self -latching device shall be located not less than four (4) feet above the underlying ground surface or other- wise made inaccessible from the outside to small children. Any 597 § 10-37 DUBUQUE CODE § 10-38 dwelling or other building on the premises may be incorpo- rated in and considered as constituting a portion of the re- quired barrier. Doors or other openings from any occupied dwelling (as distinguished from a garage) into the required enclosure need not be equipped with self-closing or self -latch- ing devices. (c) All fencing must be in place with gates when the pool is filled with water. (Ord. No. 31-75, § 2, 7-21-75) Sec. 10-38. Location. The location of swimming pools shall be governed by the zoning ordinance of the city. (Ord. No. 31-75, § 2, 7-21-75) [The next page is 649] 598 r § 25-30 MOTOR VEHICLES AND TRAFFIC § 25-31 Sec. 25-30. Unauthorized signs, signals or markings. (a) No person shall place, maintain, or display upon or in view of any street or highway any sign, signal, marking, or device which purports to be or is an imitation of or resembles an official parking sign, curb or other marking, traffic -control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or inter- feres with the effectiveness of any official traffic -control device or any railroad sign or signal, if such sign, signal, marking, or device has not been authorized by the department and city with reference to streets and highways under their jurisdiction and no person shall place or maintain nor shall any public authority permit upon any street or highway any traffic sign or signal bearing thereon any commercial adver- tising. This shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information of a type that cannot be mistaken for official signs. (b) Every such prohibited sign, signal, or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the street or highway is hereby empowered to remove the same or cause it to be removed without notice. (Ord. No. 33-49, § 6.1, 9-6-49) State law reference—Similar provisions, I.C.A. § 321.259. Sec. 25-31. Interference with signs, signals or devices; unlaw- ful possession. (a) It shall be unlawful for any person to willfully and intentionally, without lawful authority, attempt to or in fact, alter, deface, injure, knock down, or remove any official traf- fic -control device, any authorized warning sign or signal or barricade, whether temporary, or permanent, any railroad sign or signal, any inscription, shield or insignia on any of such devices, signs, signals, or barricades, or any other part thereof. (b) It shall be unlawful for any person to have in his pos- session anyofficial traffic -control device except by reason of his employment. (Ord. No. 33-49, § 6.2, 9-6-49; Ord. No. 26-73, § 1, 5-29-73) State law reference—Similar provisions, I.C.A. § 321.260. Supp. No. 7 1539 § 25-32 DUBUQUE CODE § 25-44 Secs. 25-32-25-42. Reserved. ARTICLE III. ACCIDENTS Sec. 25-43. Reports required. (a) The driver of a vehicle involved in an accident resulting in injury to or death of any person shall immediately, by the quickest means of communication, give notice of such accident to the chief of police. (b) The driver of a vehicle involved in an accident resulting in total property damage to an apparent extent of two hundred and fifty dollars ($250.00) or more shall, within seventy-two (72) hours after such accident, forward a written report of such accident and all information in connection therewith, as required in this section, to the office of the chief of police; and when reported elsewhere [, such report elsewhere] shall not constitute a compliance with the provisions of this section. (c) Every peace officer, who, in the regular course of duty, investigates a motor vehicle accident of which a report must be made as required in this section, either at the time of and at the scene of the accident or thereafter by interviewing witnesses shall, within twenty-four (24) hours after complet- ing such investigation, file a written report of such accident. (Ord. No. 33-49, § 7.5, 9-6-49; Ord. No. 49-71, § 1, 9-27-71; Ord. No. 42-75, § 1, 10-20-75; Ord. No. 11-80, § 6, 3-3-80) State law reference—Similar provisions, I.C.A. § 321.266. Sec. 25-44. Duty of driver when damage is to vehicle only. The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall forth- with return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of section 25-45. Every such stop shall be made without obstruct - Supp. No. 7 1540 § 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 then 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 bus shall bring the bus to a stop, turn off the amber flashing Supp. No. 9 1582.1 § 25-187.1 DUBUQUE CODE § 25-188 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. Except to the extent that reduced visibility is caused by fog, snow or other weather conditions, a school bus shall not stop to load or unload pupils unless there is at least three hundred (300) feet of unobstructed 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; Ord. No. 6-81, § 1, 1-19-81) 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. 9 1582.2 § 25-297 MOTOR VEHICLES AND TRAFFIC § 25-305 Secs. 25-297-25-303. Reserved. DIVISION 3. MUNICIPAL PARKING LOTS Sec. 25-304. Designated. The various municipally owned parking lots in the city shall be designated numerically as follows : (1) Lot No. 1: The lot situated between Ninth and Tenth Streets and Iowa Street and Central Avenue. (2) Lot No. 2: The lot situated at the northwest corner of Ninth and Bluff Streets and running parallel to Ninth Street. (3) (4) Lot No. 4: The lot situated at the southwest corner of Fourth and Iowa Streets. (5) Lot No. 5: The lot situated on the middle one-fifth (1/5) of Out Lot 448 in the city. (6) Lot No. 6: The lot situated on the southwest corner of Eleventh and Bluff Streets. Lot No. 3: The lot situated at the northwest corner of Fifth and Bluff Streets. Lot No. 7: The lot situated Fourth and White Streets. Lot No. 8: The lot situated Tenth and Bluff Streets. on the northwest corner of on the southeast corner of Lot No. 9: The lot situated on Fifth Street and the alley east of Locust Street and running parallel to the alley from Fifth to Sixth Streets. (Ord. No. 39-65, § 5, 10-11-65 ; Ord. No. 73-74, § 1, 12-16-74 ; Ord. No. 44-75, § 1, 11-3-75; Ord. No. 15-77, § 1, 4-4-77) Sec. 25-305. Meters—Installation authorized and directed. The city manager is stall parking meters in the purpose of, and in Supp. No. 2 hereby authorized and directed to in - all municipally owned parking lots for such numbers, and at such places as 1605 § 25-305 DUBUQUE CODE § 25-307 may be necessary to the regulation, control and inspection of the parking of motor vehicles therein. (Ord. No. 39-65, § 1, 10-11-65) Sec. 25-306. Same—Manner of construction, installation and marking. Parking meters installed in municipally owned parking lots shall be installed immediately adjacent to the individual park- ing spaces described in section 25-308, and each parking meter shall be so constructed and adjusted as to show when properly operated, a signal that the space adjacent to which it is in- stalled is or is not legally in use. Each parking meter installed shall indicate on and by its dial the duration of the period of legal parking and on the expiration of such period shall indi- cate illegal or overparking. (Ord. No. 39-65, § 2, 10-11-65) Sec. 25-307. Same—Time and fee schedule for specific lots. Parking meters on municipally owned parking lots, when installed and properly operated, shall show legal parking upon and after the deposit of United States coins, and in the non - metered parking lots, parking spaces [shall] be rented at a monthly rate, payable in advance, in accordance with the following schedule: (1) On Parking Lots Nos. 1, 2, 3, 4, 5, 6, 7, and 8, such meters shall show legal parking for thirty (30) min- utes upon the deposit of each five -cent ($0.05) coin, or sixty (60) minutes upon the deposit of each ten - cent ($0.10) coin, and two (2) hours, thirty (30) minutes upon the deposit of each twenty -five -cent ($0.25) coin, but not more than a total of ten (10) hours at any one time. The maximum legal parking time limit for any one vehicle at any one time shall be ten (10) hours. (2) On Parking Lot No. 9, parking space [shall be] rented at a monthly rate of sixteen dollars ($16.00) plus three (3) percent state service tax, payable in ad - Supp. No. 2 1606 § 25-307 MOTOR VEHICLES AND TRAFFIC § 25-308 vance. (Ord. No. 39-65, § 5A, 10-11-65; Ord. No. 73-74, § 1, 12-16-74 ; Ord. No. 44-75, § 1, 11-3-75 ; Ord. No. 28-77, § 1, 5-2-77) Sec. 25-308. Same—Deposit of coins required at certain times. When parking spaces are established and marked and park- ing meters installed adjacent thereto in municipally owned Supp. No. 2 1606.1 Chapter 26 OFFENSES AND MISCELLANEOUS PROVISIONS* Art. I. In General, §§ 26-1-26-28 Art. II. Assemblies, §§ 26-29-26-43 Art. III. Blasting, §§ 26-44-26-68 Div. 1. Generally, §§ 26-44-26-54 Div. 2. Permit, §§ 26-55-26-68 Art. IV. Gambling, §§ 26-69-26-83 Art. V. Model Glue, §§ 26-84-26-109 Art. VI. Reserved, §§ 26-110-26-138 Art. VII. Noises, §§ 26-139-26-163 Div. 1. Generally, §§ 26-139-26-155 Div. 2. Variance Permits, §§ 26-156-26-163 ARTICLE I. IN GENERAL Sec. 26-1. Disturbing the peace—Generally. (a) No person within the corporate limits of this city shall wilfully disturb the peace and quiet of others by loud or excessive noise, violent or obstreperous conduct calculated to provoke a breach of the peace. (b) No person within the corporate limits of this city shall suffer or permit in any house or upon any premises owned, occupied, possessed or controlled by him any hallooing, quarrelling, fighting or unusually loud or excessive noise in such a manner calculated to provoke a breach of the peace of others, or the public quiet of the neighborhood. (Ord. No. 51-73, §§ 1, 2, 11-7-73) Sec. 26-2. Same—Fighting. No person within the corporate limits of this city shall engage in a fight with another, or assault, strike, or attempt to assault or strike another, or invite or defy another person to fight or quarrel. (Ord. No. 51-73, § 3, 11-7-73) •Cross references—General penalty for Code violations, § 1-8; tattooing, § 18-2; use regulations for parks, Ch. 27, Art. II, Div. 4; police, Ch. 31. Supp. No. 8 1667 § 26-3 DUBUQUE CODE § 26-6 Sec. 26-3. Same—Disturbing assemblages. No person within the corporate limits of this city shall disturb or interrupt any public meeting or lawful assem- blage of persons by violent or obstreperous conduct, or by making unusually loud or excessive noise the intent of which is to be disruptive or to provoke a breach of the peace. (Ord. No. 51-73, § 4, 11-7-73) Sec. 26-4. Same—Ringing of bells, gongs, etc. No person within the corporate limits of this city shall ring or sound any bell, auction bell, gong, or similar device upon the streets or alleys within the city, or in front of any place of business or dwelling house, or upon any vehicle for the purpose of advertising any auction or other sale or event, in an offensive or unnecessary manner so as to disturb the peace of others. (Ord. No. 51-73, § 5, 11-7-73) Sec. 26-5. Interference with policemen, firemen; threatening policemen. (a) No person within the corporate limits of this city shall resist or obstruct, or in any way interfere with any police officer or member of the fire department in the performance of any official duty. (b) No person shall communicate, by any means, any threat of bodily or property harm to any police officer or to any member of the officer's family during the course of, or as a result of, the performance of any official duty by the officer in which the officer is identified as such. (Ord. No. 51-73, § 6, 11-7-73; Ord. No. 69-80, § 1, 12-8-80) Cross references—Fire department, Ch. 14, Art. 1I; police, Ch. 31. Sec. 26-6. False and fraudulent reports. Whoever intentionally and without good cause shall give a false or fraudulent report of a crime, a fire, or an accident by calling any peace officer, physician, hospital, ambulance service, or fire department, or by crying or sounding an alarm, or by performing any act calculated to cause such report or alarm, or who shall intentionally communicate Supp. No. 8 1668 § 26-162 OFFENSES, MISCELLANEOUS PROVISIONS § 26-163 Sec. 26-162. Same—Approval, denial or limitation. The director of health, after review of all circumstances and the degree of nuisance, shall reply in writing to an application for an indefinite variance, giving the variance, denying the variance or setting forth conditions or limitations under which the variance will be granted. (Ord. No. 23-74, § 5, 4-8-74) Sec. 26-163. Same—Tolling of citation penalties pending de- cision on application. In the event the director of health issues an order citing a violation of this article on a business operation and equipment in existence on April 8, 1974, and the party cited applies for an indefinite variance within ten (10) days of such citation, then all penalties provided shall be tolled from the date the application is filed until a final order or decision has been issued on the merits of the application. (Ord. No. 23-74, § 5, 4-8-74) [The next page is 1745] 1695 Chapter 36 UTILITIES* Art. I. In General, §§ 36-1-36-10 Art. II. Sewers and Sewage Disposal, §§ 36-11-36-71 Div. 1. Generally, §§ 36-11-36-28 Div. 2. Discharge Regulations, §§ 36-29-36-42 Div. 3. Private Disposal Systems, §§ 36-43-36-52 Div. 3A. Private Haulers, § 36-53 Div. 4. Rates, §§ 36-54-36-71 Art. III. Reserved, §§ 36-72-36-91 Art. IV. Water, §§ 36-92-36-170 Div. 1. Generally, §§ 36-92-36-113 Div. 2. Connections, §§ 36-114-36-144 Div. 3. Meters, §§ 36-145-36-160 Div. 4. Rates, §§ 36-161-36-170 Art. V. Cable Television, §§ 36-171-36-186 Div. 1. Generally, §§ 36-171-36-180 Div. 2. Dubuque Cable TV Commission, §§ 36-181-36-186 ARTICLE I. IN GENERAL Sec. 36-1. Gas main connections—City's authority to require. Before any street, highway, avenue, alley or public ground is permanently improved, the city council, by the passage of a resolution, may require connections from gas mains to be made by the owners of abutting property to the curbline of such property, and a notice of such requirements shall be given to the property owners as herein provided for. (Ord. No. 128, § 1,10-2-22) Sec. 36-2. Same—Notice to owners. As soon as the resolution requiring connections to be made as provided for in section 36-1, is passed and adopted by the city council, a written notice shall be served upon all persons owning property along the street, avenue or alley proposed to be improved, which notice shall order such property owner to 'Cross references—Administration, Ch. 2; director of public works, 2-169 et seq.; city operated ambulance service, Ch. 18, Art. II, Div. 3; railroads, Ch. 32. Supp. No. 8 2253 § 36-2 DUBUQUE CODE § 36-10 make connections to the curbline with gas mains located in such streets, and thereupon it shall be the duty of the owners of such property to comply with such notice. The notice shall prescribe whether or not more than one connection is required to be made and the description of the lot or parcel or real estate to which the same is to be made and, in each instance, such owner shall be advised of the number of connections that are required to be made. (Ord. No. 128, '§ 2, 10-2-22 ; Ord. No. 195, § 2, 5-2-28) Sec. 36-3. Same—City's authority to make. If a property owner upon whom notice has been served pur- suant to section 36-2 to make the connections as provided for in section 36-1, should fail or refuse to make such connections within the time provided for in such notice, then the city council may proceed to have said connections made upon a contract made and entered into for that purpose and the cost of making such connections shall be assessed to the property owner and shall be collected in the same manner as other special assessments are collected, except that the whole amount of such assessments shall become due at once and shall not be payable in installments. (Ord. No. 128, § 4, 10-2- 22) Sec. 36-4. Same—When completion is required. The resolution passed by the council pursuant to section 36-1 and the notice that is served upon the property owner shall prescribe the time within which connections are to be made with such mains as provided for in such resolution, and this notice shall be final unless the time is extended by the city council upon application made therefor, or if conditions should arise which would make it impossible for the property owner to make the connections required. (Ord. No. 128, § 5, 10-2-22) Secs. 36-5-36-10. Reserved. Supp. No. 8 2254 § 36-163 UTILITIES § 36-164 water furnished in accordance with the then prevailing water rates including minimum monthly charges. (c) If it is the opinion of the city manager that placement of a meter is impractical, then the deposit for meter and fittings shall not be required but a charge, as determined by the city manager, after official publication, shall be made, but under no circumstances shall water be used for sprinkling lawns, wetting down yards or compacting of soil unless a meter has been installed on the service, or arrangements have been made for such usage. (d) The rate for water charged for other purposes not mentioned herein, such as for circuses, carnivals, fairs, skating rinks, swimming pools, tank wagons and filling cisterns will be made by the superintendent of water department when application is made for the same at the water office. (Ord. No. 5-59, § 38, 2-9-59; Ord. No. 20-81, § 9, 5-4-81) Cross reference—Buildings and building regulations, Ch. 10. Sec. 36-164. Payment of bills. (a) Payment of bills may be made at locations that have been designated by the city manager, after official publication. (b) All utility bills are due when rendered. If bills are not paid within thirty (30) days after the billing date, the city reserves the right to discontinue water service to the delinquent customer by shutting off the water service. The water service shall not be restored until all current, delinquent and penalty charges, in addition to a turn -on charge, have been paid. Furthermore, if an unresolved delinquency exists for one or more units in a multi -unit rental property, the owner must assume responsibility for the future billings to such accounts. (c) If a bill remains unpaid thirty (30) days after the billing date, there shall be added to the bill a penalty of five (5) per cent of the total utility bill for late payment. (Ord. No. 5-59, § 36, 2-9-59; Ord. No. 20-81, § 10, 5-4-81) Supp. No. 10 2305 § 36-165 DUBUQUE CODE § 36-181 Secs. 36-165-36-170. Reserved. ARTICLE V. CABLE TELEVISION / DIVISION 1. GENERALLY Secs. 36-171-36-180. Reserved. DIVISION 2. DUBUQUE CABLE TV COMMISSION* Sec. 36-181. Purpose. There is hereby created and established the Dubuque Cable TV Commission. The purpose of the commission shall be as follows: (1) To advise the council of satisfactory performance and programming of TV -FM cable for every subscriber with rates and policies which are fair to both the subscriber and the cable company; (2) To develop community access programming through the use of, but not limited to, the community access programming funds collected under the terms of the franchise agreement or any other agreement between the city and the provider of cable television services; (3) To act as trustee for the funds referred to in paragraph (2); (4) To act as an official body to receive, process and report to the city council upon complaints of subscribers to cable television services; (5) To investigate and compile information at the request of the city council pertaining to cable television services and, where appropriate, to engage profession- al consultants for guidance and advice, and pay the cost thereof from community access funds only. (Ord. No. 8-77, § 1, 2-21-77) *Editor's note—Ord. No. 8-77, §§ 1-5, adopted Feb. 21, 1977, did not expressly amend the Code; hence, inclusion herein as Div. 2 of new Art. V, §§ 36-181-36-185, is at the editor's discretion. Supp. No. 10 2306 § 36-182 UTILITIES § 36-182 Sec. 36-182. Membership; organization; meetings; voting; filing minutes with council. (a) The commission shall have a membership of nine (9) persons appointed by the city council for two-year terms. Five (5) of the initial appointments shall be for one-year terms and the balance shall be for two-year terms. Members Supp. No. 10 2306.1 § 36-182 UTILITIES § 36-183 of the commission appointed after November 19, 1979, shall serve for a period of three (3) years. Upon completion of their term of office, members shall continue to serve in their full capacity until a successor has been duly appointed. (b) The commission shall elect a chairperson, secretary, and treasurer from among its members at the first regular meeting of the commission in February. (c) The commission shall meet once a month at a time and place agreed upon by its members. (d) All action taken by the commission shall be upon an affirmative vote of a majority of the total number of members of the commission. (e) Members of the 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 board to recommend to the city council that said member be replaced. Attendance of all members shall be entered on the minutes. (f) All meetings shall be held in conformance with the provisions of the Iowa Open Meetings Law. (g) The 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 meeting. (Ord. No. 8-77, § 3, 2-21-77; Ord. No. 38-79, § 1, 6-18-79; Ord. No. 84-79, § 2, 12-17-79) Sec. 36-183. Expenditure of community access funds. Community access funds collected by the commission shall be administered by the commission and may be expended for the following purposes: (1) To provide air time, equipment (purchased, rented or otherwise) and materials for public access program- ming; (2) To secure expert advice on the development and operation of community access programming; Supp. No. 6 2307 § 36-183 (3) DUBUQUE CODE § 36-186 To provide for the day-to-day operation of the commission, including, but not limited to, reimburse- ment for expenses incurred in carrying out the purposes of the commission. The commission is authorized to expend all funds allocated to it for its operation. No community access funds so allocated shall be returned to the general fund. (Ord. No. 8-77, § 2, 2-21-77) Sec. 36-184. Right to deny community access funds; control over access to media. The commission shall have the right to deny community access funds for any particular purposes. However, in no event shall access to the media be determined by the commission. Access to the media shall be determined only by the media. (Ord. No. 8-77, § 4, 2-21-77) Sec. 36-185. Annual report. The commission shall provide the city council with an annual report to be submitted at the end of each year and to contain the following information: (1) The report shall contain information on the income and expenditures of the commission from the funds received from the cable company for public access; (2) The report shall contain a listing of complaints handled by the commission; (3) The report shall contain progress throughout the year of programs shown over the public access channel; (4) The report shall list a summary of activities, commentary on successes and failures, and also suggestions for improvement. (Ord. No. 8-77, § 5, 2-21-77) Sec. 36-186. Procedures for operations. All administrative, personnel, accounting, budgetary and procurement policies of the city shall govern the commission in all of its operations. (Ord. No. 84-79, § 3, 12-17-79) Supp. No. 6 2308 [The next page is 2355] § 4-110 APPENDIX A -ZONING § 4-110 Maximum permitted floor area for the Planned Unit Development site = .20 x 100,000 = 20,000 square feet Gross Planned Unit Development Project Area: The total land area included within the boundaries of the proposed Planned Unit Development project site. Net Planning Unit Development Project Area: Equals the gross Planned Unit Development project area minus street right-of-way and parking areas. Open Space: Equals the gross area of the Planned Unit Development site minus the following areas: 1) areas covered by buildings and non -recreational structures 2) areas proposed for street rights-of-way 3) driveways and parking areas 4) one-half (1/2) of the total remaining land area (i.e. the area not covered by buildings, non -recrea- tional structures, driveways, or parking areas) for which the slope exceeds 20%., plus the following : all roof or deck areas which are designed for and devoted to leisure or recrea- tional activities and which are freely accessible to all Planned Unit Development residents. Open Space (Common) : Property meeting the defini- tion of Open Space and owned as common property. Open Space (Public) : Open Space areas of a Planned Unit development owned by or dedicated to the public. Open Space (Useable) : That portion of the Open Space for a Planned Unit Development site which is clearly suited to and useable for active recreational and leisure pursuits such as sports and games. To be considered as Useable Open Space, such area must occur in contigu- ous portions of no less than 2,000 square feet in area and of not less than thirty feet (30') in smallest dimen- 2521 § 4-110 DUBUQUE CODE § 4-110 sion. Furthermore, such portions must be free of ob- structions which would render the area unuseable for active recreation, such as rough terrain, steep slopes, and other soil, rock or vegetative obstructions. Planned Unit Development (PUD) : A parcel of land developed and planned as an integrated project unit with significant portions thereof being owned and maintained as public or common open space property. 4-110.3 Conformance to Procedural Requirements Required for Planned Unit Development Rezoning; Applica- bility. 4-110.3.1 No property may be superimposed with the Planned Unit Development designation except in conformance with the standards, procedures and regulations of this ordinance. 4-110.3.2 The Planned Unit Development District desig- nation may only be placed upon property zoned under the following classifications: 1) Any Residential District (R-1, R-2, R-3, R-4, R-5) 2) OR -1 Office -Residential District 3) C-6 Planned Commercial District Section 4-110.4 Principal Permitted Uses The following uses and no others shall be permitted by right for districts superimposed with the Planned Unit Development designation: 4-110.4.1 R-1 Planned Unit Development: 1) Single family dwellings 2) Townhouses of not more than two (2) dwelling units 3) Duplexes 4-110.4.2 R-2 Planned Unit Development: 1) Single family dwellings 2522 § 4-110 APPENDIX A—ZONING § 4-110 2) Duplexes 3) Townhouses of no more than four (4) dwelling units 4) Multiple family dwellings containing no more than four (4) dwelling units 4-110.4.3 R-3 Planned Unit Development: 1) Single family dwellings 2) Duplexes 3) Townhouses of no more than six (6) dwelling units 4) Multiple family dwellings containing no more than eight (8) dwelling units 4-110.4.4 R-4 Planned Unit Development: 1) Duplexes 2) Townhouses 3) Multiple family dwellings containing no more than twenty (20) dwelling units 4) Mobile homes 5) Housing for the elderly (Ord. No. 12-78, § 1, 3-20- 78) 4-110.4.5 R-5 Planned Unit Development: 1) Multiple family dwellings 2) Housing for the elderly (Ord. No. 12-78, § 1, 3-20- 78) 4-110.4.6 OR -1 Planned Unit Development: 1) Multiple family dwellings 2) Professional office uses 3) Housing for the elderly (Ord. No. 12-78, § 1, 3-20- 78) Supp. No. 3 2523 § 4-110 DUBUQUE CODE § 4-110 4-110.4.7 C-6 Planned Unit Development: 1) Any use permitted in the C-6 Planned Commercial District Section 4-110.5 Accessory Uses Permitted accessory uses, buildings and structures for the principal uses allowed by Section 4-110.4 shall be the same as those accessory uses, buildings and struc- tures allowed in conjunction with such principal use by the applicable accessory use provisions of Article V of this ordinance, entitled "Supplementary District Regu- lations". Section 4-110.6 Conditional Uses No Conditional Uses are allowed in districts affixed with the Planned Unit Development designation, ex- cept that in an OR 1 -Planned Unit Development, the Board of Adjustment may permit up to 10% of the floor area of any principal building to be devoted to candy, magazine, or cigar stands ; gift shops ; flower shops ; restaurants ; or similar low -intensity commercial uses which the Board finds are customarily incident to office uses and which will primarily serve the con- venience of residents of the district. Section 4-110.7 Required Procedures for Planned Unit De- velopment District Designation 4-110.7.1 Application Procedure for Planned Unit De- velopment Designation Who May Apply: An application for the Planned Unit Development District designation may be filed by any person having a legal or equitable owner- ship interest in the parcel for which the Planned Unit Development designation is sought. Joint application also may be made for the Planned Unit Development designation by the owners of adjoin- ing parcels of land. However, no Final Develop- ment Plan for a Planned Unit Development shall Supp. No. 3 2524 § 4-110 APPENDIX A—ZONING § 4-110 Supp. No. 3 be approved by the City Council unless and until all the property Included within the plan is shown to be held in single ownership or joint tenancy with right of survivorship. Pre -Application Conference Required: Prior to submission of a formal application for a Planned Unit Development designation, the applicant must 2524.1 4-110.10.3 Specific Planned Unit Development Standards UNDERLYING ZONE o R-1 R-2 R-3 R-4 R-5 OR -1 Minimum Required Gross PUD Project Site Area (in acres) 4.0 3.0 2.0 2.0 2.0 2.0 Maximum Number of Dwelling Units Per Gross Acre SF —6.5 5.0 Dup —8.5 SF -7.0 TH —8.5 Apt —8.5 NOT APPLICABLE Maximum Permitted Floor Area Ratio 1.5 (Total Floor Area) w (Gross PUD Proj. Area) NOT APPLICABLE .27 .35 .44 .55 Minimum Required Square Feet of Open Space Per Square Foot 2.60 2.40 1.80 1.30 1.00 .60 of Floor Area Minimum Required Useable Open Space (as a % of required 25 25 30 40 50 60 Open Space) Minimum Required Common or Public Open Space (as a % of 20 20 30 40 50 required Open Space) Residential —60 Office - 0 usn ONINOZ-V XIQtNaddv 0 UNDERLYING ZONE .a Z R-1 R-2 R4 R-4 R-5 OR -1 P Maximum Permitted Building Height (in feet) 25 25 30 40 50 60 Minimum Number of Off -Street Parking Spaces Required Per Dwelling Unit 1.5 provided parking for housing for the elderly may 2.0 2.0 1.5 be reduced as low as .5 where such is determined adequate by the Commis- sion. [Office] at —1/400 sq. ft. floor space Dup —Duplex Apt —Apartment SF —Single Family TH —Townhouse (Ord. No. 12-78, § 2, 3-20-78) cats r. r 0 aaoo anonana 602 0 Art. XI APPENDIX A—ZONING Art. XI 11. Minor motor adjustments not involving removal of the head or crankcase or racing the motor ; 12. Sales of cold drinks, packaged foods, tobacco, and simi- lar convenience goods for gas station customers, as accessory and incidental to principal operation; 13. Provision of road maps and other informational ma- terial to customers; provision of restroom facilities. Uses permissible at a gas station do not include major me- chanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in gas stations. A gas station is not a repair garage or body shop. Group home — any group of persons not meeting the defi- nition of a family and occupying a single dwelling unit, but not including a boarding or rooming house. Home occupation — a business operated as an accessory use to a residential dwelling unit and subject to the pro- visions of Article V of this ordinance. Housing for the elderly — dwelling units constructed, main- tained and operated for exclusive occupancy by elderly and handicapped persons pursuant to a contract for assistance under a State or Federal elderly housing program, and pro- viding that one dwelling unit may be used for a resident man- ager who shall be exempt from occupancy age limitations. (Ord. No. 12-78, § 4, 3-20-78) Loading space, off-street — space logically and conveniently located for bulk pickups and deliveries, scaled to delivery ve- hicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off- street loading space is not to be included as off-street parking space in computation of required off-street parking space. Lot — for purposes of this ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning re - Supp. No. 3 2643 Art. XI DUBUQUE CODE Art. XI quirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of : 1. A single lot of record ; 2. A portion of a lot of record ; 3. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of por- tions of lots of record ; 4. A parcel of land described by metes and bounds ; pro- vided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this ordinance. Lot frontage — the front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under Yards in this Arti- cle. Lot measurements — 1. Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. 2. Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard, provided however that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80 per cent of the required lot width except in the case of lots on the turning circle of cul-de-sacs, where the 80 per cent requirement shall not apply. Supp. No. 3 2644 CODE COMPARATIVE TABLE Section Ord. No. Date Section this Code 30-81 6- 1-81 1, 2 13-12, 13-13 3 13-16 4, 5 13-18, 13-19 6 13-22 7 13-29 8, 9 Rpld 13-30, 13-31 10-13 Rpld 13-51-13-54 Added 13-51-13-54 14 Rpld 13-56 Added 13-56 15 Rpld 13-57 16-19 Rpld 13-66-13-69 20 13-70 21 Rpld 13-71 22 13-73 23 13-83 24, 25 13-85, 13-86 26 13-91 27 13-94 31-81 6-1.81 1 11'/2-13, 111/2 -14(a), (b) 32-81 6-15-81 1 25-220(c) 33-81 6-15-81 1 App. A, § 10-101 34-81 6-15-81 1 34-17 36-81 6-15-81 1 Rpld 12-16-12-44 Added 12-1, 12-2, 12-16-12-43, 12-51-12-55 37-81 6-15-81 1 20-4.01(d) Supp. No. 10 2983 [The next page is 3001j CODE INDEX A ABANDONED WATERCRAFT Section Removal 9'/2 -14 ABATTOIRS Slaughterhouses and meat -packing plants 16-48 et seq. Slaughterhouses and meat -packing plants. See that title ACCIDENTS False reports 26-6 Traffic accident provisions 25-43 et seq. Traffic. See that title ADMINISTRATION. See also specific subjects Generally 2-1 et seq. ADULT ENTERTAINMENT ESTABLISHMENTS Zoning regulations, App. A Zoning. See that title ADVERTISING Billposting and handbill distribution Definitions 3-14 Exemptions 3-16 et seq., 3-22 Licenses Exemptions 3-16 Identification badges 3-15 Nonprofit organization exemption 3-17 Required, fees, etc. 3-15 Littering, street distribution 3-20 Manner of distribution, generally 3-20 Nonprofit organizations exempt, etc. 3-17 Patent medicine samples, etc. 3-20 Persons who may distribute bills within their busi- nesses, etc. 3-21 Placing bills, etc., in vehicles 3-19 Posting bills on property without consent 3-18 Bonds Signs. See hereinbelow that subject Display of advertising material on public property Removal, costs 3-1 Licenses Signs. See hereinbelow that subject Notices, defacing 3-2 Permits Signs. See hereinbelow that subject Signs Alterations 3-41 Supp. No. 6 3001 DUBUQUE CODE ADVERTISING—Cont'd. Section Bonds. See hereinbelow: Licenses, Permits and Bonds Conflicting provisions 3-43 Construction 2-50 et seq. Definitions 3-36 Design 3-57 Display signs, construction 3-50 Enforcement 3-38 et seq. Exemptions 3-42 Ground signs, construction 3-54 Installation in violation prohibited 3-40 Licenses, permits and bonds Bond prerequisite to permit 3-65 Licenses Bond 3-69 Fee, when due 3-68 Required, exception 3-67 Permits Bond prerequisite to issuance 3-65 Fees 3-66 Required 3-64 Lighting reflectors 3-56 Permits. See hereinabove: Licenses, Permits and Bonds Projecting signs, construction 3-53 Purpose and scope 3-35 Roof signs, construction 3-55 Short title 3-34 Traffic signs, signals or devices Erecting signs interfering with 3-37 Violations Installation in violation prohibited 3-40 Wall bulletins, construction 3-52 Wall signs, construction 3-51 AFFIRMATION. See: Oath, Affirmation, Swear or Sworn AGENCIES OF CITY. See: Departments and Other Agencies of City AGREEMENTS. See: Contracts and Agreements AGRICULTURE Property tax exemption for agricultural land 35-11 Property taxes. See: Taxation AIR CONDITIONING AND EQUIPMENT Code adopted, etc. 19-1 Heating, air conditioning and ventilating. See that title Supp. No. 6 3002 CODE INDEX BOWLING ALLEYS Section Definitions 6-43 Licenses Exemptions 6-46 Fees 6-45 Required 6-44 BOWS AND ARROWS, SLINGSHOTS, ETC. Use of 26-7 Firearms and weapons. See that title BOXES, OPENING Prohibited noise, noise regulations, etc. 26-139 et seq. Noises. See that title BRASS KNUCKLES Concealed weapons 27-12 Firearms and weapons. See that title BREAD Weighing 24-106 BROTHELS Prostitution, etc 26-8 BRUSH. See: Weeds and Brush BUDGET Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code BUILDING INSPECTOR Emergency succession in office 2-199 et seq. Emergency succession. See that title BUILDINGS Building code and advisory appeals board Established; membership; terms of office; rules and regulations 10-2(204) Building inspection division Building official. See within this title that subject Conflicts of interest 10-2(201)(3) Established 10-2(201)(a) Organization 10-2(201)(d) Reports and records 10-2(202)(c) Building official Appointment of 10-2(201)(c) Assistance and cooperation of other officials 10-2(202)(h) Deputies 10-2(202)(b) Enforcement powers 10-2(202)(a) Jurisdiction over building inspection division 10-2(201)(a) Supp. No. 8 3015 DUBUQUE CODE BUILDINGS—Cont'd. Section Liability of 10-2(202)(g) Occupancy violations 10-2(202)(f) Powers and duties of 10-2(202) Qualifications 10-2(201)(b) Right of entry 10-2(202)(d) Stop work orders 10-2(202)(e) Code Adopted 10-1 Amendments 10-2 Plumbing code adopted 30-1 et seq. Plumbing code. See: Plumbing Condemned buildings Housing authority right to demolish 20-26 Construction or repairs on buildings Prohibited noise, noise regulations, etc 26-139 et seq. Noises. See that title Construction permits on municipal docks, etc. See: Municipal Waterfront and Docks Dangerous buildings Repair, demolition and removal of unsafe buildings. See hereinbelow that subject Demolition Condemned buildings, housing authority 20-26 Permits 10-5 Repair, demolition and removal of unsafe buildings. See hereinbelow that subject Electrical code . 13-1 et seq. Electricity. See that title Enforcement Building inspection division. See within this title that subject Fire extinguishing systems Conflicting provisions 10-2(3806) Fire prevention 14-1 et seq. Fire prevention. See that title Flood areas 15-16 et seq. Flood areas. See that title Heating, air conditioning and ventilating 19-1 et seq. Heating, air conditioning and ventilating. See that title Historic buildings 20-14.03 Housing. See that title Historical preservation 191/2 -i et seq. Historical preservation. See that title Housing 20-1 et seq. Housing. See that title Inspections Building inspection division. See within this title that subject Supp. No. 8 3016 CODE INDEX BUILDINGS—Cont'd. Livestock keeping restrictions Animals and fowl. See that title Occupancy violations Code amendments Permits Demolition permits Waiting period for Fees Issuance During rezoning consideration Subdivision restrictions Swimming pools Plan review fees Planning and zoning commission powers Planning and zoning commission. See that title Plumbing code adopted Plumbing. See that title Private disposal systems Water and sewers. See that title Rat control Rat control. See that title Repair, demolition and removal of unsafe buildings Code amendment relative to unsafe buildings Council authority to direct manager to remove assess costa against premises Manager's report upon owner's failure to comply with notice Manager's right of entry Notice of hearing on manager's report Notice to owner to repair or remove Substandard buildings Housing. See that title Rezoning consideration Permit issued during prohibited Roof design Generally Special-purpose roofs Water accumulation Roof signs Signs. See: Advertising Sign regulations Advertising. See that title Subdivision restrictions Substandard buildings, dwelling units and lots Housing. See that title Swimming pools Swimming pools. See that title Supp. No. 10, and 3017 Section 7-2 10-2(202)(f) 10-5 10-2(304(a) 10-4 34-18 10-33 et seq. 10-2(304)(b) 29-20 30-1 et seq. 36-43 et seq. 24-78 et seq. 10-2(203) 10-20 10-18 10-21 10-19 10-17 20-10 et seq. 10-4 10-2(2305)(a) 10-2(2305)(b) 10-2(2305)(c) 3-55 3-50 et seq. 34-18 20-10 et seq. 10-33 et seq. DUBUQUE CODE BUILDINGS—Cont'd. Section Unsafe buildings Repair, demolition and removal of unsafe buildings. See hereinabove that subject Unsafe facilities 20-2.02 Housing. See that title Violations and penalties Code amendments 10-2(205) Zoning Permit issuance during rezoning consideration 10-4 BURDEN PLAYGROUND Parks and recreation 27-106, 27-107 Parks and recreation. See that title BURGLARY AND ROBBERY ALARM PERMITS Application 31-6 Chief of police, duties of 31-10 Definitions 31-4 Fees 31-7 Police department, assistance provided by 31-11 Prohibited acts 31-12 Required 31-5 Revocation 31-8 Service charges 31-9 BURNING Garbage and trash 17-1 BUSES Smoking in 14-9 Transit authority 36-72 et seq. Transit authority. See that title BUSINESS ESTABLISHMENTS Occupational license requirements in general 21-1 et seq. Licenses and permits. See that title C CABLE TELEVISION Dubuque cable TV commission Access to media, control over 36-184 Annual reports 36-185 Appointment, terms of office of members 36-182(a) Chairperson, secretary and treasurer 36-182(b) Community access funds Expenditure of 36-183 Right to deny 36-184 Composition 36-182(a) Election of officers 36-182(b) Supp. No. 10 3018 CODE INDEX CABLE TELEVISION—Cont'd. Section Meetings 36-182(c) Membership 36-182 Purpose of provisions 36-181 Voting 36-182(d) CALLINGS Occupational license requirements in general 24-1 et seq. Licenses and permits. See that title CANVASSERS Peddlers' regulations 28-1 et seq. Peddlers, canvassers and solicitors. See that title Supp. No. 10 3018.1 CODE INDEX CONDEMNED BUILDINGS Section Demolition, housing authority 20-26 CONTRACTS AND AGREEMENTS Execution of contracts, etc. 2-8 Noise ordinance compliance by city contractors and subcontractors 26-147 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Powers and duties of manager 2-106 et seq. CONVALESCENT HOMES City -operated ambulance rates 18-52 CORPORATE SEAL. See: City Seal CORPORATION Person defined re 1-2 CORPORATION COUNSEL Defined 1-2 Legal department 2-141 et seq. Legal department. See that title CORRALS Livestock keeping restrictions 4-2 Animals and fowl. See that title COUNCIL. See: City Council COUNTY Defined 1-2 COUNTY -MUNICIPAL CIVIL DEFENSE AGENCY Created, etc 11-16 et seq. Civil defense. See that title COURTS City solicitors, duties 2-148 Human relations provisions 21-1 et seq. Opinions and actions of solicitor, record of 2-145 Prohibited noise, noise regulations, etc. 26-129 et seq. Noises. See that title COWS, CATTLE, ETC. Animals at large, etc. 7-2 Animals in general. See: Animals and Fowl CREDIT Unfair and discriminatory practices 21-67 Unfair and discriminatory practices. See also that title CRIMES False reports 26-6 Supp. No. 7 3027 DUBUQUE CODE CRYSTAL GAZERS Section Fortunetellers' license requirements 24-46 et seq. CURBS AND DRIVEWAYS Construction 33-25 et seq. Streets and sidewalks. See that title D DAIRIES Milk and milk products 16-28 et seq. Milk and milk products. See that title DAMAGED GOODS SALES Going -out -of -business sales regulations 24-60 et seq. Going -out -of -business sales. See that title DANCING Public dances and dance halls 6-90 et seq. Public dances and dance halls. See that title DEAD DOGS Notice to police department 7-49 DEEDS Execution 2-8 DEFACEMENT Damaging, defacing property 26-15 DEFENSE. See: Civil Defense DEFINITIONS General definitions for interpreting code 1-2 DELEGATION OF AUTHORITY Construed for interpreting code 1-2 DEMOLITION Historic districts Demolition of structures in 191/s -7 Historical preservation. See also that title Housing; repair or demolition 20-14 et seq. Substandard buildings, etc. See: Housing Permits, waiting period for 10-5 Unsafe buildings. See: Buildings DEPARTMENTS AND OTHER AGENCIES OF CITY Airport commission 4-22 et seq. Airports and aircraft. See that title Airport zoning commission 4-47 et seq. Airports and aircraft. See that title Supp. No. 7 3028 CODE INDEX DEPARTMENTS AND OTHER AGENCIES OF CITY— Cont'd.. Section Board of adjustment Airport zoning, for 4-74 et seq. Airports and aircraft. See that title Building code and advisory appeals board 10-2(204) Buildings. See that title Building inspection division 10-2(201) Buildings. See that title Cable television commission 36-181 et seq. Cable television. See that title Civic center commission. See that title Civil service commission 2-178 et seq. Civil service commission. See that title Clerk to direct papers to appropriate committees, etc. 2-50 Council meetings and procedures. See: City Council Community development commission 11'/2 -11 et seq. Community development commission. See that title Division of plumbing inspections 30-24 Plumbing. See that title Docks, division of public; dock board 91/2 -31 et seq. Boats, boating, docks and waterfront. See that title Electrical appeals board 13-47 et seq. Electricity. See that title Electrical examining board 13-103 et seq. Electricity. See that title Emergency location for city government 2-5 Fire department 14-25 et seq. Fire department. See that title Health and sanitation Board of health 18-1 Health and sanitation. See that title Historic preservation commission 191/2 -3 et seq. Historical preservation. See that title Housing, low -rent Housing commission 111/2 -76 et seq. Low -rent housing. See that title Housing rehabilitation commission 111/ -46 et seq. Housing rehabilitation commission. See that title Human rights commission 21-16 et seq. Human rights commission. See that title Legal department 2-141 et seq. Legal department. See that title Library board of trustees 23-1 et seq. Library. See that title Officials, boards, commissions, etc., construed 1-2 Playground and recreation commission 27-77 et seq. Parks and recreation. See that title Plumbing board 30-36 et seq. Supp. No. 7 3029 DUBUQUE CODE DEPARTMENTS AND OTHER AGENCIES OF CITY— Cont'd. Section Plumbing. See that title Police department in general 31-1 et seq. Police department. See that title Reference to officials, etc., by title in code construed 1-2 Transit authority 38-66 et seq. Transit authority. See that title DEVELOPMENT Community development 111/2 -1 et seq. Community development. See that title Development planner 29-31 Planning. See that title Planning and zoning commission 29-16 et seq. Planning and zoning commission. See that title DILAPIDATED BUILDINGS Demolition permits 10-5 Buildings. See that title DIRECTOR OF COMMUNITY DEVELOPMENT Community development commission. See that title Office created 2-172 Responsibilities generally 2-172 DIRECTOR OF PUBLIC WORKS Office created, responsibilities, etc. 2-169 et seq. Public works and improvements. See that title DISASTERS Civil defense, providing for 11-1 et seq. Civil defense. See that title Emergency location for city government 2-5 Emergency succession in office 2-199 et seq. Emergency succession. See that title DISCRIMINATION Human relations provisions 21-1 et seq. DISEASE CONTROL Rabies control regulations 7-45 et seq. DISORDERLY ASSEMBLIES Assembling for purpose of rioting 26-30 Assemblies. See that title DISORDERLY CONDUCT Council meetings, at 2-52 Dance hall premises, conduct of patrons 6-99 Public dances and dance halls. See that title Supp. No. 7 3030 CODE INDEX DISORDERLY CONDUCT—Cont'd. Section Noise restrictions 26-143(1) Noises. See that title Public parks, in 27-35 DISTURBING THE PEACE Disturbing assemblages 26-3 Ringing of bells, gongs, etc. 26-4 Fighting 26-2 Generally 26-1 DOCK MANAGER Emergency succession in office 2-199 et seq. Emergency succession. See that title DOCK STREETS Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code DOCKS Boats, boating, docks and waterfront 91/2 -1 et seq. Boats, boating, docks and waterfront. See that title DOCTORS City -operated ambulance rates 18-52 DOGS Regulated 7-16 et seq. Animals and fowl. See that title DOOR-TO-DOOR SALESMEN Peddlers' regulations 28-1 et seq. Peddlers, canvassers and solicitors. See that title DRAINAGE Automatic clothes washing machine 30-7 Plumbing. See that title Housing standards 20-1 et seq. Grading and drainage. See: Housing DRIVE-IN THEATERS Open air shows 6-75 et seq. Open air shows. See that title Theaters and halls in general 6-128 et seq. Theaters and halls. See that title DRIVEWAYS Construction 33-25 et seq. Streets and sidewalks. See that title Supp. No. 10 3030.1 DUBUQUE CODE DRUGS AND MEDICINE Section Model glue 26-84 et seq. Model glue. See that title Patent medicine distribution 3-20 Roller skating rinks, offenses in 6-151 Roller skating rinks. See that title DRUNKENNESS Intoxication in public places 5-6, 26-9 DUBUQUE, CITY OF. See: City DUBUQUE COUNTY. See: County DUBUQUE COUNTY -MUNICIPAL CIVIL DEFENSE AGENCY Created, etc 11-16 et seq. Civil defense. See that title DUBUQUE MUNICIPAL AIRPORT Name, location 4-1 Airports and aircraft. See that title DUTCH ELM DISEASE Requirements 37-33 et seq. Trees and shrubbery. See that title DWELLINGS Housing standards 20-1 et seq. Housing. See that title DYNAMITE Storage 26-10 Explosives and blasting agents. See that title E EARTHQUAKES Building code amendments 10-2 Emergency location for city government 2-5 EASEMENTS Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Street defined to include Streets in general. See: Streets and Sidewalks 1-2 E. B. LYONS FOREST PRESERVE AND NATURE CENTER Regulations 27-73 Parks and recreation. See that title Supp. No. 10 3030.2 CODE INDEX PLUMBING—Cont'd. Section Master plumbers and journeymen Licensing and examinations 30-4 Permit fees 30-3 POLICE DEPARTMENT Bicycle registration 9-22 et seq. Bicycle. See that title Burglary and robbery alarm permits 31-4 et seq. Burglary and robbery alarm permits. See that title Dance halls, employment of police officer in 6-96 Public dances and dance halls. See a 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. 10 3069 CODE INDEX UTILITIES Section Cable television commission 36-181 et seq. Cable television. See that titl Electric regulations 13-1 et seq. Electricity. See that title Gas mains 36-1 et seq. Gas mains. See that title Supp. No. 5 3108.1