1 Supplement No. 21 - Code of Ordinances - Page_01§ 7-24 ANIMALS AND FOWL § 7-32
Sec. 7-24. Disposition of unredeemed dogs or cats.
(a) If the owner of a licensed dog or cat impounded pursuant to
this article does not claim such animal within five (5) days after
notice provided for in this article has been mailed, the license shall
automatically be revoked and the animal disposed of as directed by
the health officer.
(b) Any unlicensed dog or cat not claimed by the owner within
three (3) days after it has been seized or impounded shall be dis-
posed of as directed by the health officer. (Ord. No. 11-82, § 1,
3-11-82)
Secs. 7-25-7-30. Reserved.
DIVISION 2. LICENSE
Sec. 7-31. Office designated.
The city clerk is designated as the official agent of the city for the
purpose of issuing city dog and cat licenses and collecting fees
therefor.
The city manager shall have authority to enter into agreements
with other governmental agencies, a corporation or an individual as
a collection agent for the efficient collection of license fees and the
issuance of city dog and cat licenses. (Ord. No. 11-82, § 1, 3-11-82)
Sec. 7-32. Application.
The owner or other person responsible for the procurement of
and payment for a license required by this division shall make
application for a license at the office of the city clerk on forms
provided by the city manager. The forms shall give the name and
address of the owner, the sex and description of the dog or cat, and
if known, its breed and age. In the event of a change of ownership,
the license holder shall notify the city manager of such change.
(Ord. No. 11-82, § 1, 3-11-82)
Supp. No. 17
399
§ 7-33
DUBUQUE CODE § 7-36
Sec. 7-33. Dogs—License fee.
(a) Effective April 1, 1983, the license fee per calendar year, or
fraction thereof, for a dog license shall be six dollars ($6.00) for
each neutered dog and eleven dollars ($11.00) for each dog not
neutered.
(b) The applicant or licensee shall furnish written proof from a
licensed veterinarian that surgical procedures have been performed
that render either male or female dogs incapable of reproduction.
(c) The head of the family shall be liable for payment of the
license fee of any dog owned, harbored or kept by any member of
the family. (Ord. No. 11-82, § 1, 3-11-82; Ord. No. 10-83, § 1,
3-12-83)
Sec. 7-34. Same—Expiration; renewal; delinquent fee.
Effective April 1, 1982, all dog licenses issued under this division
shall expire on December thirty-first of the year in which issued and
shall become delinquent on March thirty-first of the year due. A
penalty of five dollars ($5.00) shall be added to the required license
fee for each delinquent dog license. (Ord. No. 11-82, § 1, 3-11-82)
Sec. 7-35. Cats—License fee.
(a) Effective July 1, 1982, the annual cat license fee per year, or
fraction thereof, shall be two dollars ($2.00) for each neutered cat
either male or female and four dollars ($4.00) for each male or
female cat not neutered.
(b) The applicant or licensee shall furnish written proof from a
licensed veterinarian that surgical procedures have been performed
that render either male or female cats incapable of reproduction.
(c) The head of the family shall be liable for payment of the
license fee of any cat owned, harbored or kept by any member of the
family. (Ord. No. 11-82, § 1, 3-11-82)
Sec. 7-36. Same—Expiration; renewal; delinquent fees.
Effective July 1, 1982, all cat licenses issued under this division
shall expire on June thirtieth of the year following and shall become
Supp. No. 17
400
§ 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 unknown, 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 and three-eighths
cents ($0.02375) for each one hundred (100) pounds of such milk or
milk products to the officer authorized to investigate the accuracy
of the permit fees paid hereunder.
(b) On or before the twentieth day of each month the permittee
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) per cent 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
suspension of the permit.
(d) Any person who shall have paid a fee to any
municipality 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 and three-eighths cents ($0.02375) per
one hundred (100) pounds of milk or milk products; provided, how-
ever, that, in order to be entitled to such credit, the permit holder
shall first exhibit satisfactory evidence of such payment to such
Supp. No. 13
963
§ 16-36
DUBUQUE CODE § 16-48
other municipality and that such municipality extends reciprocal
credits against its fees for amounts paid to this city.
Provisions of this section shall be applicable for all volumes of
Grade A milk and milk products brought into, sent into or received
in the city on and after July 1, 1982. (Ord. No. 52-73, § 1, 11-26-73;
Ord. No. 12-81, § 1, 3-10-81; Ord. No. 12-82, § 1, 3-11-82)
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.
Supp. No. 13
964
§ 191/-6.3
HISTORICAL PRESERVATION § 191/2-6.4
Locust Street; north along Locust Street to West 10th Street;
east along West 10th Street to the alley between Locust and
Main Streets; north along said alley to West 13th Street; east
along West 13th Street to Main Street; south along Main Street
to the south line of the north 1/5-C.L. 465; east along said line
and its extension to the east line of the west 33 feet, north
1/5-C.L. 460; north along said line to West 13th Street; east along
West 13th Street to Iowa Street; north along Iowa Street to
West 14th Street; east along West 14th Street to the alley
between Iowa Street and Central Avenue; north along said
alley to West 17th Street; east along West 17th Street to Heeb
Street, the point of beginning.
(b) Review standards adopted. The properties within said de-
scribed district shall be subject to the "Secretary of the Interior's
Standards for Historic Preservation Projects," as adopted by the
historic preservation commission for said commission's review
procedure that precedes the issuance of a certificate of appropri-
ateness pursuant to Chapter 191/2 of the Code of Ordinances.
(Ord. No. 21-83, § 1, 4-18-83)
Sec. 19%..6.4. Lower Bluff Street Historic Preservation District.
(a) Designated The properties hereinafter described are hereby
designated as a historic preservation district, according to provi-
sions of Chapter 191/2 of the Code of Ordinances, to wit:
Beginning at the intersection of Locust Street and West Sev-
enth Street; southwest along West Seventh Street to Bluff
Street; northwest along Bluff Street to the northwest line of
Lot 5-C.L. 653A; southwest along said line to the southwest
line of said lot; southeast along said line to the northwest line
of the north 50 feet of Lot 1-1-C.L. 653; southwest along said
line to the northeast line of Coriell's Dubuque Sub.; first south-
east then in a clockwise manner along said line to West Fifth
Street; southeast along West Fifth Street; to the northwest line
of the west 107.5 feet -west 170 feet-C.L. 614; southwest along
said line to the northeast line of Cooper Heights Sub.; south-
east along said line and along the northeast line of Lot 1-1-1-
1-C.L. 692 to the north right-of-way line of West Fourth Street;
southwest along said right-of-way line and along the northwest
Supp. No. 19
1180.1
§ 19'/2-6.4 DUBUQUE CODE § 191/2-7
line of Lot 2-1-1-1-C.L. 692 to Raymond Place; southeast along
Raymond Place to the northwest line of Fenelon Point Sub.;
first northeast then in a clockwise manner along said line to
the southwest line of Lot 1-E. 78.5 feet south 100 feet-C.L. 692;
southeast along said line to West Third Street; southwest along
West Third Street to the southwest line of Saint Raphael's
Add.; southwest along said line to the northwest line of Lot
1-2-C.L. 694; first northeast then in a clockwise manner along
said line to the northwesterly most line of Pixler Place; north-
east along said line to the west right-of-way line of Bluff Street;
southeast across Bluff Street to the northeast line of C.L. 589A;
continuing southeast along the northeast line of C.L. 589A and
the northeast line of C.L. 589 and the northeast line of the
north 21 feet-north/2-C.L. 572 to Locust Street; northeast along
Locust Street to the southwest line of the south 50 feet-C.L.
568; northwest along said line to Bissell Lane; north along
Bissell Lane to West Fourth Street; northeast along West Fourth
Street to Locust Street; northwest along Locust Street to West
Seventh Street, the place of beginning as described herein.
(b) Review standards adopted. The properties within said de-
scribed district shall be subject to the "Secretary of the Interior's
Standards for Historic Preservation Projects," as adopted by the
historic preservation commission for said commission's review
procedures that precede the issuance of a certificate of appropri-
ateness pursuant to Chapter 191/2 of the Code of Ordinances.
(Ord. No. 43-83, § 1, 9-6-83)
Sec. 191-7. Demolition of structures in historic districts.
Demolition of structures erected within historic districts and
deemed by the commission to be of a particular architectural or
historical significance shall be prohibited unless, upon applica-
tion, 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 de-
molish shall prohibit demolition for no more than four (4) months
Supp. No. 19
1180.2
§ 21-56
HUMAN RELATIONS § 21-57
not solicited for employment or membership, unless
based upon the nature of the occupation. If a disabled
person is qualified to perform a particular occupation
by reason of training or experience, the nature of that
occupation shall not be the basis for exception to the
unfair or discriminatory practices prohibited by this
subsection.
An employer, employment agency, or their employees,
servants or agents, may offer employment or adver-
tise for employment to only the disabled when other
applicants have available to them other employment
compatible with their ability which would not be avail-
able to the disabled because of their handicap. Any
such employment or offer of employment shall not
discriminate among the disabled on the basis of race,
color, sex or national origin. (Ord. No. 61-71, § 202, 12-
6-71; Ord. No. 4-73, § 3, 1-29-73; Ord. No. 79-77, § 3,
12-19-77; Ord. No. 30-79, § 5, 6-4-79)
Sec. 21-57. Exemptions from division.
This division shall not apply to:
(1) Any employer who regularly employs less than four
(4) individuals. For purposes of this subsection, indi-
viduals who are members of the employer's family shall
not be counted as employees.
(2) The employment of individuals for work within the
home of the employer if the employer or members of
his family reside therein during such employment.
(3) The employment of individuals to render personal serv-
ice to the person of the employer or members of his
family.
(4) Any bona fide religious institution with respect to any
qualifications for employment based on religion when
such qualifications are related to a bona fide religious
purpose. A religious qualification for instructional per-
sonnel or an administrative officer serving in a super -
Supp. No. 5
1293
§ 21-57
DUBUQUE CODE § 21-64
visory capacity of a bona fide religious educational
facility or religious institution shall be presumed to
be a bona fide occupational qualification.
(5) Discrimination on the basis of age if the person subject
to the discrimination is under the age of eighteen (18)
years, unless that person is consider by law to be an
adult.
(6) A state or federal program designed to benefit a spe-
cific age classification which serves a bona fide public
purpose.
(7) Discrimination is bona fide apprenticeship employment
programs if the employee is over forty-five (45) years
of age. (Ord. No. 61-71, § 202, 12-6-71; Ord. No. 4-73,
§ 3, 1-29-73; Ord. No. 30-79, § 6, 6-4-79)
Secs. 21-58-21-63. Reserved.
DIVISION 4. HOUSING
Sec. 21-64. Prohibited practices.
It shall be an unfair or discriminatory practice for any
owner, or person acting for an owner, of rights to housing or
real property, with or without compensation, including but not
limited to persons licensed as real estate brokers or salesman,
attorneys, auctioneers, agents or representatives by power of
attorney or appointment, or any person acting under court
order, deed of trust, or will:
(1) To refuse to sell, rent, lease, assign, or sublease any
real property or housing accommodation or part, por-
tion or interest therein, to any person because of the
race, color, creed, age, religion, or disability, or na-
tional origin of such person.
(2) To discriminate against any person because of his race,
color, creed, sex, age, religion, national origin, or dis-
ability in the terms, conditions or privileges of the
Supp. No. 5
1294
§ 21-64
HUMAN RELATIONS § 21-65
sale, rental, lease assignment or sublease of any real
property or housing accommodation or any part, por-
tion or interest therein.
(3) To directly or indirectly advertise, or in any other
manner indicate or publicize that the purchase, rental,
lease assignment, or sublease of any real property or
housing accommodation or any part, portion or interest
therein, by persons of any particular race, color, creed,
sex, age, religion, national origin, or disability is un-
welcome, objectionable, not acceptable or not solicited.
(4) To discriminate against the lessee or purchaser of any
real property or housing accommodation or part, portion
or interest of the real property or housing accommoda-
tion, or against any prospective lessee or purchaser
of the property or accommodation, because of the
race, color, creed, religion, sex, disability, age or na-
tional origin of persons who may from time to time be
present in or on the lessee's or owner's premises for
lawful purposes at the invitation of the lessee or owner
as friends, guests, visitors, relatives or in any similar
capacity. (Ord. No. 61-71, § 203, 12-6-71; Ord. No.
4-73, § 3, 1-29-73 ; Ord. No. 22-77, § 5, 4-18-77; Ord.
No. 79-77, § 4, 12-19-77; Ord. No. 30-79, § 7, 6-4-79)
Sec. 21-65. Exemptions from division.
The provisions of this division shall not apply to:
(1) Any bona fide religious institution with respect to any
qualifications it may impose based on religion when
such qualifications are related to a bona fide religious
purpose.
(2) The rental or leasing of a housing accommodation in a
building which contains housing accommodation for not
more than two (2) families living independently of each
other, if the owner or members of his family reside in
one of such accommodations.
Supp. No. 5
1295
§ 21-65
DUBUQUE CODE § 21-67
(3) The rental or leasing of less than six (6) rooms within
a single housing accommodation by the occupant or
owner of such housing accommodation, if he or mem-
bers of his family reside therein.
(4) a. Restrictions based on sex on the rental or leasing
of housing accommodations by a nonprofit cor-
poration.
b. The rental or leasing of a housing accommodation
within which residents of both sexes must share
a common bathroom facility on the same floor of
the building. (Ord. No. 61-71, § 203, 12-6-71; Ord.
No. 4-73, § 3, 1-29-73; Ord. No. 22-77, § 6, 4-18-77)
Sec. 21-66. Reserved.
DIVISION 5. CREDIT
Sec. 21-67. Prohibited practices; exception.
It shall be an unfair or discriminatory practice for any:
(1) 'Creditor to refuse to enter into a consumer credit trans-
action or impose finance charges or other terms or
conditions more onerous than those regularly extended
by that creditor to consumers of similar economic
backgrounds and current situations because of age,
color, creed, national origin, race, religion, marital stat-
us, sex or physical disability.
(2) Person authorized or licensed to do business in this
state pursuant to chapter 524, 534, 536 or 536A of
the State Code of Iowa to refuse to loan or extend to
persons of similar economic backgrounds because of age,
color, creed, national origin, race, religion, marital
status, sex or physical disability.
(3) Creditor to refuse to offer credit life or health and
accident insurance because of color, creed, national
origin, race, religion, marital status, age, physical dis-
ability or sex. Refusal by a creditor to offer credit life
Supp. No. 5
1296
§ 25-262
MOTOR VEHICLES AND TRAFFIC § 25-267
placing of such vehicle is reasonably necessary when taken in
connection with the purpose for which such vehicles are used
or needed. (Ord. No. 33-49, § 16.11, 9-6-49)
Sec. 25-263. Loading and unloading in business districts to be
done in alley where possible.
Loading and unloading of merchandise, freight or materials
shall not be done from a street in the business district where
the same can be done from an alley. (Ord. No. 33-49, § 16.13,
9-6-49)
Sec. 25-264. Parking under fire escapes in alleys.
It shall be unlawful to park any vehicle in any alley under
any fire escape at any time. (Ord. No. 33-49, § 16.15, 9-6-49)
Sec. 25-265. Parking in parking lots.
It shall be unlawful for any motor vehicle to be parked in
any stall or space in any parking lot within the city without
first having secured the permission of the operator of any
parking lot in which stalls or spaces for parking cars are
rented. (Ord. No. 33-49, § 16.16, 9-6-49)
Sec. 25-266. Backing for purposes of parking in business dis-
tricts.
In the business district the driver of a vehicle shall not back
the same between other vehicles then standing upon the street
in order to park his vehicle between such vehicles unless he
can do so without interfering with traffic and unless there is
sufficient space so that such vehicle when parked will be paral-
lel with the curb and will leave at least four (4) feet of clear
space between the vehicle in front and to the rear of such
vehicle. (Ord. No. 33-49, § 16.18, 9-6-49)
Sec. 25-267. Parking vehicles for purposes of sale or storage
prohibited; special permits authorized.
(a) No person shall park or permit to be parked any vehicle
upon the streets or alleys merely for the purpose of displaying
it for sale or storing it while not in use.
Supp. No. 12
1597
§ 25-267 DUBUQUE CODE § 25-271
(b) The chief of police may issue to any person a special
permit to park a vehicle on such streets or portions thereof
designated for such from time to time only for the purpose of
selling produce upon the public market and upon such condi-
tions as the chief shall prescribe. Such permit shall be either
in the possession of the operator or on the vehicle at the time
the vehicle is so parked. It shall be unlawful to violate any of
the special terms or conditions thereof. (Ord. No. 33-49, §§
16.19, 16.27, 9-6-49)
Sec. 25-268. Parking of advertising vehicles.
No person shall park any vehicle upon the streets which,
by loudspeakers or mechanical devices, is used to advertise
events or the sale of goods, wares or merchandise. (Ord. No.
33-49, § 16.20, 9-6-49)
Sec. 25-269. Reserved service vehicle parking.
(a) Generally. When appropriate signs have been erected, a space
not to exceed eighty (80) feet is hereby set aside adjacent to the
municipal auditorium for he parking of vehicles engaged in loading,
unloading or actually servicing the facility. It shall be unlawful for
the operator of any vehicle to stop, stand or park within such space
unless and until an appropriate service vehicle emblem has been
obtained from the manager of the said facility and is prominently
displayed from the interior of said vehicle.
(b) Service vehicle emblems. Service vehicle emblems of appro-
priate design shall be supplied to the facility by the city manager.
(Ord. No. 53-81, § 1, 10-5-81)
Sec. 25-270. Reserved.
Editor's note—Ord. No. 24-77, § 1, adopted April 18, 1977, repealed
former, § 25-270, which section authorized designation of "restricted
parking spaces". Said former section was derived from Ord. No. 33-49,
§ 16.28, adopted Sept. 6, 1949, and Ord. No. 6-52, § 1, adopted Feb. 4,
1952.
Sec. 25-271. Parking in alleys.
Unless actually engaged in taking on or discharging per-
sons, goods, or merchandise, no person shall stop or park a
Supp. No. 12 1598
Chapter 27
PARKS AND RECREATION*
Art. I. In General, §§ 27-1-27-10
Art. II. Administration, §§ 27-11-27-45
Div. 1. Generally, §§ 27-11-27-15
Div. 2. Park and Recreation Commission, §§ 27-16-27-32
Div. 3. Director of Parks and Recreation, § § 27-33-27-45
Art. IR. Use Regulations, §§ 27-46-27-87
Art. IV. Specific Parks, §§ 27-88, 27-89
ARTICLE I. IN GENERAL
Secs. 27-1-27-10. Reserved.
*Editor's note -Ord. No. 22-82, § 1, adopted April 12, 1982, repealed §§
27-86-27-95, relative to Petrakis Park; Ord. No. 23-82, § 3, adopted May 3, 1982,
repealed §§ 27-101 and 27-102, relative to Falk Playground, and §§ 27-106 and
27-107, relative to Burden Playground; Ord. No. 27-82, § 1, adopted May 17, 1982,
repealed 27-1, relative to cooperation with school board, §§ 27-21-27-24, relative
to the park board, § 27-34, definitions, and §§ 27-77-27-84, relative to the
playgrounds and recreation commission and the recreation director; and Ord. No.
31-82, § 1, adopted July 6, 1982, repealed * 27-26, relative to the parks superin-
tendent. The repealed sections derived from minutes of June 6, 1938, §§ 1-13
and the following ordinances:
Ord. No. Sec. Date Ord. No. Sec. Date
26-49 1-3, 4, 6 6-30-49 27-79 1, 2 5-21-79
41-54 1, 2 6- 7-54 52-79 1, 2 9- 4-79
24-69 1-3 5- 5-69 87-79 1-6 12-17-79
48-67 1 9-25-67 88-71 1 12-17-79
At the editor's discretion, the' remaining sections of this chapter, § § 27-35-27-63,
relative to use regulations and, §§ 27-73 and 27-74, specific parks, have been
redesignated as §§ 27-47-27-75 and §§ 27-88 and 27-89, respectively. Redesignation
has been for purposes of classification and to facilitate reference.
In addition, Ord. No. 23-81, § 3, added § 27-96, and Ord. No. 27-82, § 1, added §§
27-1-27-12, 27-20, 27-21 and 27-25. For classification purposes, these sections
have been renumbered by the editor as follows: Section 27-96 has been renum-
bered as § 27-67(a), §§ 27-1-27-12 have been renumbered as §§ 27-16-27-27, and
§ 27-20, 27-21 and 27-25 have been renumbered as ** 27-33, 27-34 and 27-46.
Finally, the user should note that the editor has substituted the words "park
and recreation commission," "commission" or "the commission" for the words
"park board," "board" or "the board" and the words "director of parks and
recreation" for the words "park superintendent."
Cross references -Amusements, Ch. 6; boats, boating, docks and waterfront,
Ch. 9%; community development, Ch. 11'/2; planning, Ch. 29.
Supp. No. 14
1745
§ 27-11 DUBUQUE CODE
ARTICLE II. ADMINISTRATION*
DIVISION 1. GENERALLY
Secs. 27-11-27-15. Reserved.
DIVISION 2. PARK AND RECREATION COMMISSION
§ 27-18
Sec. 27-16. Created.
There is hereby created a park and recreation commission to
have such powers and responsibilities as hereinafter provided.
(Ord. No. 27-82, § 1, 5-17-82)
Sec. 27-17. Purpose.
The purpose of the commission is to:
(a) Contribute to the general beautification of the city and
assist in providing facilities for active and passive recre-
ation through landscaping and maintaining park land and
facilities; and
(b) Provide year round opportunities for organized recreation
activities for residents of all ages and social groups. (Ord.
No. 27-82, § 1, 5-17-82)
Sec. 27-18. Powers.
The responsibilities of the commission are to:
(a) Establish rules and regulations governing the use of all
grounds and facilities that have been or may be set aside
as public parks, playgrounds and other such park and
recreation facilities. Such rules and regulations to include
but not limited to:
(1) Establishment of opening and closing hours for the
use of all park and recreation facilities by the general
public, subject to the concurrence of the city council.
*Cross reference—Administration generally, Ch. 2.
Supp. No. 14
1746
§ 36-53 UTILITIES § 36-54
(c) Domestic type sewage. Only domestic type sewage may
be discharged at the waste water treatment plant, unless
approval has been given by the city manager for other types
of sewage.
(d) Industrial sewage. No industrial sewage may be
discharged at the waste water treatment plant without prior
agreement with the city manager.
(e) Municipal sludge other than from city. No municipal
sludge or sewage, other than from the City of Dubuque
system, may be discharged at the waste water treatment
plant without prior agreement with the City Manager.
(f) Fee per load. A fee of ten dollars ($10.00) per load shall
be charged for sewage discharged at the waste water
treatment plant. (Ord. No. 70-80, § 1, 12-8-80)
DIVISION 4. RATES
Sec. 36-54. Definitions.
The following words and terms as used in this division,
shall be deemed to mean and be construed as follows :
Contributor refers to any person responsible for the pro-
duction of domestic, commercial or industrial waste which is
directly or indirectly discharged into the city's sanitary sewer
system.
Sewage service charge refers to any and all rates, charges,
fees or rentals levied against and payable by the contributors,
including special contracts or agreements which have been or
may be negotiated by and between the city, commercial estab-
lishments, industries, manufacturing plants or corporations
for the purpose of collecting rates, charges, fees or rentals.
Sewage treatment plant refers to any and all units of the
municipal sewage treatment system owned and operated by
the city, including the interceptor sewer system, the pumping
stations delivering sewage to the plan and the outfall sewer
system.
Supp. No. 17
2275
§ 36-54
DUBUQUE CODE § 36-56
Water department refers to the city water department.
(Ord. No. 35-57, § 2, 4-15-57)
Cross reference—Rules of construction and definitions generally, § 1-2.
Sec. 36-55. Purpose.
It is hereby determined and declared to be necessary and
conducive to the protection of the public health, safety, wel-
fare and convenience of the city to levy and collect just and
equitable charges, rates or rentals upon all lots, parcels of real
estate and buildings that are connected directly or indirectly
with the sanitary sewage system of the city, the proceeds of
such charges or rentals so derived to be used for the purpose of
constructing, operating, maintaining and repairing such sew-
age treatment plant. (Ord. No. 35-57, § 1, 4-15-57)
Sec. 36-56. Established.
On and after April 1, 1983, contributors whose property lies
within the corporate limits of the city, except as otherwise pro-
vided in this division, shall pay to the city, through its collection
agent at its office at the same time payment for water service is
made, a sewer service charge computed on water consumption on
the following rates:
(a) Basic charges: The sewage rates and charges shall be based
on the quantity of water used on or in the property or
premises. For all customers utilizing sewer service, bills
will be issued monthly. When a water meter is not read
monthly for any reason, bills will be issued on estimated
consumption. For estimated billings, either on alternate
months or when a reading on a water meter is not obtain-
able for any reason, consumption will be predicated on the
monthly average of the past usage for the metered ac-
count. For estimated bills issued for an account in which
historical data is not available, billing will be predicated
on the minimum charge and related consumption identi-
fied in this section for the size of the water meter in service
for the particular account.
Supp. No.17
2276
§ 36-56 UTILITIES § 36-56
(b) Schedule of rates:
Monthly Rates
Rate per each one hundred (100) cubic feet $1.21
(c) Service charge:
(1) When a parcel of real estate, property or building
discharging sanitary sewage, industrial wastes, water
or other approved waste, either directly or indirectly,
into the city's sanitary sewer system, is not a user of
water supplied by the city and the water used thereon
or therein is not acceptable to the city, the amount of
water used shall be determined by the city in such
manner as the city manager may elect to establish the
rate of charge as provided in this division, or the owner
or other interested parties at his expense, may install
and maintain a meter acceptable to the city for said
purpose.
(2) When a parcel of real estate, property or building
discharging sanitary sewage, industrial wastes, water
or other approved waste, either directly or indirectly
into the city's sanitary sewer system, is a user of water
supplied by the city and in addition uses water from
another source which is not measured by a water meter
or is measured by a meter not acceptable to the city,
the amount of water used shall be determined by the
city in such a manner as the city manager may elect
in order to establish the rate of charge as provided in
this division, or the owner or other interested parties
at his expense may install and maintain a meter ac-
ceptable to the city for said purpose.
(3) When a parcel of real estate, property or building
discharging sanitary sewage, industrial wastes, water
or other approved waste either directly or indirectly
into the city's sanitary sewer system, is not a user of
water supplied by the city, the amount of sanitary
sewage, industrial wastes, water or other approved
waste discharged into the sanitary sewer system shall
be determined by the city in such a manner as the city
manager may elect in order to establish the rate of
Supp. No. 17
2277
§ 36-56 DUBUQUE CODE § 36-56
charge as provided in this division, or the owner or
other interested parties at his expense, may install
and maintain a sewage meter acceptable to the city for
said purpose.
(4) The city council may in its discretion, upon applica-
tion, permit connection to the city sanitary sewer sys-
tem of properties located outside the corporation lim-
its upon such terms and conditions as it may establish;
provided, however, that such terms shall not be more
favorable to such property than the rates herein estab-
lished for city users.
(5) In order that the rates and charges may be modestly
and equitably adjusted to the service rendered, the
city shall have the right to base its charges not only on
volume but also on the strength and character of the
sewage and wastes deposited in the system by the
contributor. The city shall have the right to measure
and determine the strength and content of all sewage
and wastes discharged either directly or indirectly into
the city's sanitary sewage system in such manner and
by such methods as it may deem practicable in the
light of the conditions and circumstances of the case in
order to determine the proper charge.
Extra charges shall be applicable and negotiated with
dischargers on an individual contract basis when con-
centration of the sewage exceeds three hundred (300)
milligrams per liter of biochemical oxygen demand,
three hundred fifty (350) milligrams per liter of sus-
pended solids or two (2) per cent or more of the flow
rate into the sewage treatment plant.
(6) The rates and charges may be billed the tenant or
tenants occupying the properties served, unless oth-
erwise requested in writing by the owners, but such
billing shall in no way relieve the owner from liability
in the event payment is not made as required in this
division.
(7) Where the quantity of water consumed is such that
the minimum water service is charged, the minimum
sewer service charge, according to the size of the meter,
shall be as follows:
Supp. No. 17
2278
§ 36-56 UTILITIES § 36-58
Monthly Rates
Meter Minimum Allowance
(inches) Charge (cubic feet)
$ 2.42 200
3/4 9.68 800
1 15.73 1,300
11/4 25.41 2,100
11 31.46 2,600
2 55.66 4,600
3 128.26 10,600
4 203.28 16,800
6 445.28 36,800
8 756.25 62,500
(d) Provisions of this section shall be applicable for all billings
on and after April 1, 1983. (Ord. No. 35-57, § 4, 4-15-57;
Ord. No. 65-68, §§ 2, 3, 10-28-68; Ord. No. 48-76, §§ 1-4,
10-4-76; Ord. No. 26-79, § 1, 5-7-79; Ord. No. 19-80, § 1,
3-11-80; Ord. No. 60-80, § 1, 9-2-80; Ord. No. 12-83, § 1,
3-12-83)
Sec. 36-57. Areas not served by public system.
The rates, service charges, rentals or fees as provided in
this division shall become effective at the time sewage from
the contributors is first directed to the sanitary sewer system.
At the time sanitary sewers are constructed in areas not now
served by a sanitary sewer system, contributors shall be
granted a reasonable time to make connection to the sewer.
The effective date of the sewage service charge and the reas-
onable time to connect to the sanitary sewer system will be
determined by the city manager. (Ord. No. 35-57, § 6, 4-15-
57)
Sec. 36-58. Disposal of wastes from private facilities.
Any contributor engaged in cleaning cesspools, septic tanks
or privy vaults shall discharge all effluent into a designated
location at the sewage treatment plant. The rate for receiv-
ing such waste shall be determined by the city manager. It
Supp. No. 19
2279
§ 36-58 DUBUQUE CODE § 36-69
shall be unlawful for any contributor to place any effluent or
waste from cesspools, septic tanks or privy vaults in any other
location in the city, except at the designated location at the
sewage treatment plant. (Ord. No. 35-57, § 7, 4-15-57)
Sec. 36-59. Lien for failure to pay.
The city shall have a lien upon the real property served by
the sanitary system for all delinquent rates and charges.
Bills for sewage charges shall be delinquent when the same
are unpaid for a period of fifteen (15) days following the
due date, and if not paid, a penalty of five (5) per cent shall
be added to the sewage rental bill but such penalty shall not
be less than fifty cents ($0.50).
The city clerk shall certify within ten (10) days of the
following dates, to the Dubuque County auditor for collection
with and in the same manner as property taxes and to estab-
lish the real property liens, all rates and charges which are
delinquent over fifteen (15) days on the first day of March,
June, September and December. (Ord. No. 35-57, § 8, 4-15-57;
Ord. No. 48-76, § 5, 10-4-76)
Sec. 36-60. Costs of collection.
The actual cost of collecting and accounting for all sewer
rentals or charges shall be a part of the cost of operating the
sewage treatment plant. The cost shall be paid from the
sewage rental funds to the collection agent upon the city man-
ager's certificate certifying to the amount. (Ord. No. 35-57, §
11, 4-15-57)
Secs. 36-61-36-69. Reserved.
Supp. No. 19
2280
§ 36-152 UTILITIES * 86-161
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 flowing through it, a charge as established
by the city manager, after official publication, will be made
to pay the cost of conducting the test. If the meter is found
to register unsatisfactorily, the water flowing 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; Ord. No. 20-81, § 6, 5-4-81)
Sec. 36-154. When read.
Meters on domestic services or small users of water shall be
read bi-monthly. Meters on commercial services or large users
of water shall be read monthly. (Ord. No. 5-59, § 35, 2-9-59)
Secs. 36-155-36-160. Reserved.
DIVISION 4. RATES
Sec. 36-161. Residential, commercial and industrial uses.
(a) Commencing with all billings on April 1, 1983, the rates to
be charged for water for residential, commercial, industrial and
Supp. No. 17 2301
§ 36-161 DUBUQUE CODE § 36-161
other uses and purposes by any person, firm or corporation sup-
plying 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 Hundred
(cubic feet) Cubic Feet
First 3,000 $1.08
Next 12,000 0.90
Next 35,000 0.80
Next 50,000 0.70
Over 100,000 0.63
The minimum monthly charge according to the size of the
meters shall be as follows:
Monthly Rates
Meter Minimum Allowance
(inches) Charge (cubic feet)
5/s $ 2.16 200
3/4 8.64 800
1 14.04 1,300
11/4 22.68 2,100
11/2 28.08 2,600
2 46.80 4,600
3 100.80 10,600
4 154.80 16,800
6 314.80 36,800
8 507.90 62,500
(b) Commencing with all billings on and after April 1, 1983,
the rates to be charged for water supplied by the city to residen-
tial, commercial, industrial and other uses and purposes by any
person, firm or corporation, outside the corporation limits of the
City of Dubuque, Iowa, shall be at one hundred fifty (150) per
cent of the rates set forth hereinabove.
(c) For all meters in service, bills will be issued monthly. When a
meter is not read monthly for any reason, bills will be issued on
Supp. No. 17
2302
§ 36-161 UTILITIES § 36-162
estimated consumption. For estimated billings, either on alter-
nate months or when readings are not obtainable for any reason,
consumption will be predicated on monthly average of past usage
for the meter. For estimated bills issued for an account in which
historical data is not available, billing will be predicated on the
minimum charge and related consumption for the,size of the
meter in service for the particular account as showin subsec-
tion (aX1).
(d) If requested by the customer, a remote reading device may
be installed and billed on an installment contract over a maxi-
mum of a six-month period.
(e) Proper adjustments from estimated readings will be made
when an actual meter reading is obtained. The adjustment will
be reflected on the customer's next regular bill. (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; Ord. No. 13-81, § 1,
3-10-81; Ord. No. 20-81, § 7, 5-4-81; Ord. No. 11-83, § 1, 3-12-83)
Sec. 36-162. Fire sprinkler service.
Customers who have fire sprinkler service shall be billed
for this service on a monthly basis. This monthly charge
will be included on the customer's regular monthly bill for
which charges are fixed and determined as follows:
Number of Heads Monthly Charges
Up to 200 (minimum monthly charge) $ 8.33
200-300 10.00
300-400 11.67
400-600 13.33
600-800 15.00
800-1000 16.67
1000-1200 18.33
1200-1400 20.00
1400-1600 21.67
1600-1800 23.33
1800-2000 25.00
2000-2200 26.67
2200-2400 28.33
Supp. No. 17
2303
§ 36-162 DUBUQUE CODE § 36-163
Number of Heads Monthly Charges
2400-2600 30.00
2600-2800 31.67
2800-3000 33.33
3000-3500 35.00
Over 3500 (for each additional 500 heads or
fraction thereof) 1.67
(Ord. No. 64-68, § 3, 10-28-68; Ord. No. 15-76, § 3, 5-3-76;
Ord. No. 20-81, § 8, 5-4-81)
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
shla11 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
Supp. No. 17
2304
§ 36-181 UTILITIES § 36-182
(10) days after the end of the chargeable period or the receipt of his
current statement, whichever is later, in which to pay his account
without penalty.
(b) Basic and pay television subscribers shall be offered an an-
nual rate which shall be eleven (11) times the monthly rate for
twelve (12) months of service.
(c) The cable company may require an advance payment for an
installation, connection or reconnection charge, but no earlier than
twenty (20) days before the scheduled service. If a scheduled service
for which an advance payment was due and timely paid, is delayed,
the advance payment shall be discounted one per cent for each
fourteen (14) days, or part thereof, the scheduled service is delayed.
A deposit equivalent to one month's service rate may be charged
only for a subscriber seeking cable service for the first time in this
system, or for a subscriber who has been disconnected for non-
payment. The deposit shall be applied to the third month's bill-
ing or refunded earlier.
(d) Every statement, in clear and understandable language, cit-
ing the actual dollar amounts applicable, shall inform the subscriber
of any possible delinquent charge or available discount. (Ord. No.
51-81, § 1, 9-21-81)
Cross reference—Subscribe payments in Teleprompter Corporation cable ser-
vices franchise, App. B, § 8.8.
Sec. 36-182. Refunds for cancellations.
(a) If any subscriber cancels any monthly service during the first
twelve (12) months of said service because of the failure of the cable
company to render the service in accordance with the standards set
forth in this franchise ordinance or advertised by the cable compa-
ny, on application of the subscriber and, if requested, approval of
the local regulatory agent, the cable company shall refund to the
subscriber an amount equal to the installation, connection or re-
connection charge paid by the subscriber multiplied by the fraction
of the twelve-month period for which the subscriber will not be
receiving service. A similar portion of any advance payment shall be
refunded.
Supp. No. 18
2315
§ 36-182 DUBUQUE CODE § 36-183
(b) If a subscriber cancels, for personal reasons, any monthly
service prior to the end of a prepaid period, a pro rata portion of the
prepaid service, using the number of days as a basis, shall be re-
funded to the subscriber by the cable company. (Ord. No. 51-81, § 1,
9-21-81)
Cross reference—Refunds for cancellation in Teleprompter Corporation cable
services franchise, App. B, § 8.9.
Sec. 36-183. Monthly subscriber rates and charges.
(a) Single residential unit, basic service:
Installation charge—Fifteen dollars ($15.00).
Operator -owned converter, monthly—Eight dollars and twenty-
five cents ($8.25).
Subscriber -owner converter—Eight dollars and twenty-five cents
($8.25).
(b) Multiple dwelling unit (per unit billing), basic service:
Installation charge—Fifteen dollars ($15.00).
Operator -owned converter, monthly—Eight dollars and twenty-
five cents ($8.25).
Subscriber -owned converter, monthly—Eight dollars and twenty-
five cents ($8.25).
(c) Institutional dwelling (hospitals, health care centers. State-
ment must go to a single billing address and for no less than six (6)
units per building):
Installation charge—Time needed and materials.
Operator -owned converter, monthly—Four dollars and seventy-
six cents ($4.76).
Subscriber -owned converter, monthly—Two dollars and eighty
cents ($2.80).
Rate is for one outlet and one nonaddressable converter in each
room, suite or common area for residents. No other basic service or
rate shall be available to the institution except for the rate estab-
lished for educational or public building usage.
Supp. No. 18
2316
§ 36-183 UTILITIES § 36-183
(d) Institutional dwelling (hotels, motels, dormitories. Statement
must go to a single billing address and for no less than six (6) units
per building):
Installation charge—Time and materials.
Operator -owned converter, monthly—Five dollars and seventy-
five cents ($5.75).
Subscriber -owned, monthly—Two dollars and ninety-five cents
($2.95).
Rate is for one outlet and one nonaddressable converter in each
room, suite or common area for residents. No other basic service or
rate shall be available to the institution except for the rate estab-
lished for educational or public building usage.
(e) Institutional dwelling (condominiums, apartments. Statement
must go to a single billing address and for no less than six (6) units
per building):
Installation charge—Time and materials.
Operator -owned converter, monthly—Six dollars and seventy-five
cents ($6.75).
Subscriber -owned converter, monthly—Six dollars and seventy-
five cents ($6.75).
Each condominium or apartment to receive two (2) outlets and
one nonaddressable converter.
(f) Senior citizen rate (subscribers must provide proof that they
are over sixty-five (65) years of age and head of household), basic
service:
Installation charge—Fifteen dollars ($15.00).
Operator -owned converter, monthly—Seven dollars and forty-
two cents ($7.42).
Subscriber -owned converter, monthly—Seven dollars and forty-
two cents ($7.42).
(g) Contract rate (available only to subscribers who have a
valid "life -time" contract), basic service:
Supp. No. 18
2317
§ 36-183 DUBUQUE CODE § 36-183
Installation charge—Fifteen dollars ($15.00).
Operator -owned converter, monthly—Six dollars and seventy-
five cents ($6.75).
Subscriber -owned converter, monthly—Six dollars and seventy-
five cents ($6.75).
(h) Educational and public building unit, basic service:
Installation charge—Time and materials.
Operator -owned converter, monthly—No charge.
Subscriber -owned converter, monthly—No charge.
(i) Commercial unit:
(1) Radio and TV sales and service for each establishment:
Installation charge—Time and materials.
Modified basic service including one outlet and one
nonaddressable converter—Eight dollars and twenty-
five cents ($8.25).
User may add as many additional outlets as needed using
their equipment; providing, however, such equipment shall
be cable compatible and shall not create interference to the
cable system or its subscribers.
(2) All others basic service:
Installation charge—Time and materials.
Operator -owned converter, monthly—Eight dollars and
twenty-five cents ($8.25).
Subscriber -owned converter, monthly—Eight dollars and
twenty-five cents ($8.25).
(j) Rate for basic service includes two (2) outlets and one
nonaddressable converter.
(k) Additional outlet—Basic service includes two (2) outlets; if
one is not already installed, twenty-five dollars ($25.00) installation
will be charged. Additional outlets will be charged at the rate of one
dollar and fifty cents ($1.50) per month per outlet.
Supp. No. 18
2318
§ 36-183 UTILITIES § 36-183
(1) Converter service --Basic service includes one nonaddressable
converter; each additional nonaddressable converter will be charged
at the rate of three dollars ($3.00) each.
Nonaddressable converter included in basic service replaced
with an addressable converter, the charge is two dollars ($2.00) per
month. For each additional addressable converter, the charge is
four dollars ($4.00) per month.
(m) Connection charge (computer billing):
Surviving spouse or name change by operation of law—No charge.
All others—Five dollars ($5.00).
(n) Reconnection charge (includes all services disconnected)
—Fifteen dollars ($15.00).
(o) Collection charge (includes at -residence collection after no-
tice to subscriber of time)—Five dollars ($5.00).
(p) Remote control option with converter, per month—One dol-
lar ($1.00).
(q) Additional outlet, per month—One dollar and fifty cents
($1.50).
(r) Prewiring maximum charge—Time and materials.
(s) Antenna switching equipment installation—Fifteen dollars
($15.00).
(t) Bad or returned check charge—Five dollars ($5.00).
(u) Fire or burglar alarm service:
Wiring and supplies—Time and materials.
Monthly rate—Fourteen dollars and ninety-five cents ($14.95).
(v) Interactive service:
Installation—Fifteen dollars ($15.00).
Equipment cost—Three dollars ($3.00).
Monthly rate—Five dollars ($5.00).
(w) Pay television service:
Supp. No. 18
2319
§ 36-183 DUBUQUE CODE
Showtime:
§ 36-189
Installation charge—Fifteen dollars ($15.00).
Monthly rate—Nine dollars and ninety-five cents ($9.95).
Home box office:
Installation charge—Fifteen dollars ($15.00).
Monthly rate—Nine dollars and ninety-five cents ($9.95).
Cinemax:
Installation charge—Fifteen dollars ($15.00).
Monthly rate Nine dollars and ninety-five cents ($9.95).
Home theater network plus:
Installation charge—Fifteen dollars ($15.00).
Monthly rate—Six dollars and ninety-five cents ($6.95).
Second and third pay services shall be discounted two dollars
($2.00) each. Discount does not apply to home theater network
plus.
(x) Monthly charge for pay television service on additional outlet
(same service must be on the primary outlet)—Four dollars ($4.00).
(y) Separate installation, connection or reconnection charges shall
not be assessed when multiple services are simultaneously installed,
connected or reconnected on one customer service order.
(z) Institutional resale—An institution making direct charges
for cable service to individual residents or users may not charge
more than the institution has paid for the cable service. (Ord. No.
51-81, § 1, 9-21-81; Ord. No. 20-82, § 1, 4-12-82; Ord. No. 46-82, §
1, 8-16-82; Ord. No. 26-83, § 1, 5-16-83)
Cross reference—Teleprompter Corporation of New York, franchise rates,
App. B, § 8.4.
Sec. 36-184. Rate setting.
No other rates shall be charged to a subscriber. (Ord. No. 51-81, §
1, 9-21-81)
Secs. 36-185-36-189. Reserved.
Supp. No. 18
2320
§ 4-109 APPENDIX A—ZONING § 4-109
with the provisions of Article VI of this ordinance
governing the issuance of Conditional Use Permits :
1) Group Homes on lots of no less than 400 square feet per
resident provided that off-street parking is adequate to
the expected need for such parking.
2) Private clubs
3) Adaptive uses in historic or architecturally significant
structures, provided that:
a) The structure or property is either:
1) Listed on the National Register of Historic
Places or is eligible for such listing as deter-
mined by the Dubuque Historic Preservation
Commission, or
2) Located in an area which has been designated
an Historic Preservation District in accord-
ance with Chapter 191/2 and is supportive or
of neighborhood, city, state or national signif-
icance as determined by the Dubuque Historic
Preservation Commission;
b) Only the following uses may be authorized:
1) Specialty shops for gift items, handicrafts, or
clothing,
2) Antique shops,
3) Floral shops,
4) Art galleries,
5) Cabarets, and
6) Restaurants;
c) The Dubuque Historic Preservation Commission
has approved plans for any change, alteration or
modification of the external appearance of the build-
ing or property; and
d) The Board of Adjustment must find that the type
of merchandise to be sold, services to be rendered,
number of persons or employees on the premises,
hours of business and other operational aspects of
the proposed use are compatible with the appro-
Supp. No. 18
2515
§ 4-109 DUBUQUE CODE § 4-109
priate development and use of neighboring prop-
erties and the intended historic or architectural
character of the area. (Ord. No. 1-77, § 1, 2-7-77;
Ord. No. 31-78, § 1, 6-5-78; Ord. No. 2-82, § 6,
1-11-82; Ord. No. 30-83, § 1, 6-6-83)
4-109.5 Prohibited Uses
The following uses are expressly prohibited in the OR -1
Office -Residential District:
1) Commercial uses as defined in this ordinance, ex-
cept those uses specifically permitted by Section
4-109.2, Section 4-109.4, or Article V of this ordi-
nance, entitled "Supplementary District Regula-
tions".
2) (Reserved for future use).
4-109.6 Schedule of District Regulations Adopted
Additional regulations for the OR -1 Office -Residential
District shall be as set forth in the OR -1 Schedule of
District Regulations, hereby adopted by reference and
declared to be a part of this ordinance, and in Article
V of this ordinance, entitled "Supplementary District
Regulations".
Supp. No. 18
2516
Minimum Required
Lot Area
(in square feet)
Minimum Required
Frontage
(in feet)
Minimum Required
Front Yard Setback
(in feet)
Minimum Required
Side Yard Setback
(in feet)
Minimum Required
Rear Yard Setback
(in feet)
Minimum Required
Off -Street Parking
Spaces
Maximum Building
Height
(in feet)
Maximum Lot
Coverage
(as a % of Total
lot area)
NOTE: 1) Standards
junction w
(Ord. No. 2-82, § 7, 1-11
Supp. No. 18
CODE COMPARATIVE TABLE
Section
Ord. No. Date Section this Code
5-83 3-12-83 1 34-19
6-83 3-12-83 1 31-18
7-83 3-12-83 1 14-26
8-83 3-12-83 1 14-27
9-83 3-12-83 1 18-52
10-83 3-12-83 1 7-33(a)
11-83 3-12-83 1 36-161
12-83 3-12-83 1 36-56
15-83 3-14-83 1 191/2-6.1(b)
2 191/2-62(b)
16-83 3-14-83 1 13-106
17-83 3-14-83 1 13-44
18-83 3-21-83 1 25-210(b)
20-83 4- 8-83 1 12-21
21-83 4-18-83 1 191/2-6.3
24-83 5- 2-83 1, 2 25-210(b)
3 25-212(bX3)
25-83 5-16-83 1 36-190
26-83 5-16-83 1 36-83(a), (b)
(f), (g), (1)
28-83 6- 6-83 1, 2 App. A, Art. XI
3 App. A, §
4-104.2(9)
4 App. A, §
4-104.6
5 App. A, §
4-105.6
6 App. A, §
4-106.6
7 App. A, §
4-108.2(3)
8 App. A, §
4-109.2(16)
9 App. A, §
4-109.6
29-83 6- 6-83 1 App. A, §
6-106.5
30-83 6- 6-83 1 Rpld App. A, §
4-109.4(3), (4)
Added App. A, §
4-109-4(3)
32-83 6- 6-83 1 22-19
33-83 6- 6-83 1 24-10
34-83 6- 6-83 1 7-45
Supp. No. 20
2987
Ord.
No.
DUBUQUE CODE
Section
Date Section this Code
35-83 7-13-83 1 17-36(aX2)
37-83 7-18-83 1 27-91
38-83 7-18-83 1 101/2-27(d)
39-83 8- 1-83 1 Rpld 91/2-1-91/2-16,
91/2.31-91/2-33
Added 91/2-1, 91/2-5-91/2-9,
91/2.12, 91/2-15-
9/-32
40-83 8- 1-83 1 2-73
43-83 9- 6-83 1 191/2-6.4
44-83 9- 6-83 1 App. A, § 1-101.4.8
2 App. A, § 4-123
3 App. A, § 5-104.4
4 App. A, § 5-105.2
(Table)
46-83 9- 6-83 Rpld 36-32(e)
Added 36-70-36-75
47-83 9- 6-83 1 21-23(a)
49-83 9-26-83 1 19112-3(b)
50-83 9-26-83 1 21-18
51-83 9-26-83 1 4-28
52-83 10- 3-83 1 24-27
55-83 10-17-83 1 27-49(d)
58-83 11- 7-83 1 Rpld 111/2-45-11112-51
Supp. No. 20
2988
(The next page is 30011
CODE INDEX
C
CABLE SERVICE DELIVERY FRANCHISE (Appendix B) Section
(Note—Section citations refer to sections contained within Ap-
pendix B, Cable Services Delivery Franchise)
Definitions 3
Design of system 6
Grant of franchise 4
Intent 2
Local regulations 8
Miscellaneous provisions 10
Protections for subscriber 9
Service area 5
Short title 1
Standards 7
Subscriber protections 9
System design 6
CABLE TELEVISION
Cable regulatory commission
Established; purposes and duties 36-176
Intent 36-175
Meetings; procedures 36-178
Membership; terms of office; officers 36-177
Community tele -programming commission
Established; purposes and duties 36-172
Intent 36-171
Meetings; procedures 36-174
Membership; terms of office; officers 36-173
Misappropriation of cable services 36-190
Rates
Authority for establishment of 36-179
Definitions 36-180
Monthly subscriber rates and charges 36-183
Other rates not to be charged 36-184
Payments by subscriber 36-181
Refunds for cancellations 36-182
CADMIUM
Specific waste water pollutant limitations 36-71(d)
Water and sewers. See that title
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. 19
3019
DUBUQUE CODE
CARBIDES Section
Waste water discharge prohibitions 36-71(a)
Water and sewers. See that title
CARNIVALS. See: Circuses, Carnivals and Menageries
CATS
Dogs and cats, regulations re 7-16 et seq.
Animals and fowl. See that title
CELLAR DOORS
Opening on streets 33-4(5)
CELLARS AND BASEMENTS
Housing standards 20-104
Housing. See that title
CENTRAL MARKET
Area delineated 24-25
Bakery goods, regulations for sale 25-26(b)(3)
Display of merchandise
Merchandise permitted; limitations and prohibitions24-26(b)(4)
Homemade jellies, catsup, etc.
Limitations and prohibitions on sale 24-26(b)(2)
Inspection of merchandise 24-32
Confiscation of unfit food 24-32
Limitations and prohibitions on display, sale, etc. 24-26(b)
Market area delineated 24-25
Market master
Designated; duties 24-30
Market stalls
Establishment of 24-27
Stall use permits. See within this title that subject
Permitted merchandise to be sold, displayed, etc. 24-26
Protection of foodstuffs from exposure to flies, dust, etc24-26(b)(6)
Stall use permits
Fee 24-27
Issuance 24-27
Restricted to Central Market area 24-28
Revocation 24-29
State laws relating to licensing inspection and taxation
Compliance with 24-26(b)(1)
Traffic regulations 24-31
Weights and measures 24-33
CHAPLAIN SCHMITT MEMORIAL ISLAND. See: Parks and
Recreation
CHARTER
Citation of charter
Form of government
Supp. No. 19
3020
2-17
2-18
CODE INDEX
CHARTER—Cont'd. Section
Powers and duties 2-19
Purpose 2-16
CHIEF EXECUTIVE OFFICER
Mayor designated 2-83
Mayor and mayor pro tem. See also that title
CHIMES, BELLS, ETC.
Defined 24-1
Miscellaneous business licenses 24-3(1)
CHLORATES
Waste water discharge prohibitions 36-71(a)
Water and sewers. See that title
CHROMIUM
Specific waste water pollutant limitations 36-71(d)
Water and sewers. See that title
CHURCHES
Prohibited noise, noise regulations, etc 26-139 et seq.
Noises. See that title
CIGARETTES AND TOBACCO
Smoking regulations 14-9
CINDERS
Waste water discharge prohibitions 36-71(a)
Water and sewers. See that title
CIRCUSES, CARNIVALS AND MENAGERIES
Manner of conducting 6-61
Parades 6-63
Permits
Fees prerequisite to issuance 6-59
Exemption from 6-64
Further conditions to issuance 6-60
Required 6-58
Residential neighborhoods, excluded from 6-62
Supp. No. 19
3020.1
CODE INDEX
HEREDITAMENTS Section
Definitions for interpreting code 1-2
HIDES
Waste water discharge prohibitions 36-71(a)
Water and sewers. See that title
HIGHWAYS
Streets defined to include 1-2
Streets in general. See: Streets and Sidewalks
HISTORICAL PRESERVATION
Commission. See within this title: Historic Preservation
Commission
Definitions 191/2-2
Demolition
Structures in historic districts 191/2 -7
Historic buildings 20-14.03
Housing. See that title
Historic districts
Alteration of structures in 191/-8
Demolition of structures in 191/2-7
Identification and designation of 191/4-6
Jackson Park Historic Preservation District
Designated, review standards adopted 191/2-6.3
Langworthy Historic Preservation District
Designated; review standards adopted 191/2-6.1
Lower Bluff Street Historic Preservation District
Designated; review standards adopted 191/2-6.4
Old Main Historic District
Designated; review standards adopted 191/2-6.2
Historic preservation commission
Appeals from decisions of commission 191/-10
Appointment of members 191/4-3(b)
Chairman, vice-chairman 191/4-4(a)
Compensation of members 191/4-3(g)
Composition 191/2-3(a)
Meetings
191/2-4(d)
Officers, election 'of 191/-4(a)
Operating procedures 191/2-6
Powers and duties generally 191/2-5
Quorum 191/4 -3(b)
Record of its proceedings, actions, etc. 191/2-4(d)
Residency requirements 191-3(a)
Review of plans 191/2-9
Rules or bylaws for transaction of business 191/2-4(c)
Secretary 191/ -4(b)
Terms of office of members 19 Vs -3(c), (a)
Vacancies, filling 191/-3(d), (f)
Supp. No. 19
3044.3
DUBUQUE CODE
HISTORICAL PRESERVATION—Cont'd. Section
Purpose and intent of provisions 191-1
Review of plans
Procedure for 1954-9
Violations
Penalties 19'/z -11
HOGS
Animals at large, etc. 7-2
Animals in general. See: Animals and Fowl
HOLIDAYS
Computing time for interpreting code
Supp. No. 19
3044.4
1-2
CODE INDEX
LOUDSPEAKERS Section
Noise control traffic provisions 25-59 et seq.
Traffic. See that title
Prohibited noise, noise regulations, etc. 26-139 et seq.
Noises. See that title
LOWER BLUFF STREET HISTORIC PRESERVATION DISTRICT
Designated; review standards adopted 191/2-6.4
LOW -RENT HOUSING
Housing commission
Compensation 111/2 -80
Created 111/2 -76
Internal organization and rules 111/2 -81
Meetings 111/2 -79
Membership; terms of office; vacancies 111/2-78
Operating procedures 111/2-82
Purpose; approval of proposals 111/2-77
Housing program supervisor 111/2-62
Municipal housing agency designated 111/2-61
LUBRICATING OIL, REFINING OR PROCESSING
Waste water discharge prohibitions 36-71(a)
Water and sewers. See that title
LUNCH WAGONS
Miscellaneous business regulations 24-3(3)
M
MALLS
Street defined to include 1-2
Streets in general. See: Streets and Sidewalks
MANAGER. See: City Manager
MANURES, PAUNCH
Waste water discharge prohibitions 36-71(a)
Water and sewers. See that title
MARBLE DUST
Waste water discharge prohibitions 36-71(a)
Water and sewers. See that title
MARIJUANA. See: Drugs and Medicines
MARKET
Central market 25-25 et seq.
Central market. See that title
Supp. No. 19
3059
DUBUQUE CODE
MASS MEETINGS Section
Parks and recreation; permit for 27-68(a)
Gatherings or groups
Parks and recreation. See that title
MASS TRANSIT
Transit authority 36-72 et seq.
Transit authority. See that title
MAY, SHALL
Definitions 1-2
MAYOR AND MAYOR PRO TEM
Chief executive officer; mayor designated 2-83
Presiding officer of council, etc., in general. See: City Council
Designation of mayor pro tem 2-81(b)
Election and term of office of mayor 2-81
Emergency powers of mayor 2-84
Emergency proclamations, obedience to 11-1
Civil defense. See that title
Mayor designated chief executive officer 2-83
Mayor pro tem
Appointment of 2-81
Designation of 2-81(b)
Powers and duties 2-85
Term of mayor pro tem 2-81(a)
Vacancies of mayor pro tem 2-81(c)
Powers and duties generally; charter provisions 2-19
Powers and duties of mayor generally 2-82
Powers and duties of mayor pro tem 2-85
MEASURES. See: Weights and Measures
MEAT -PACKING. See: Slaughterhouses and Meat -Packing Plants
MECHANICAL CODE
Adopted 19-1 et seq.
Housing; mechanical requirements 20-6
Housing. See that title
MEDICINES. See: Drugs and Medicines
MEETINGS
Parks and recreation; permit for mass meetings 27-68(a)
Parks and recreation. See that title
MENAGERIES. See: Circuses, Carnivals and Menageries
MERCURY
Specific waste water pollutant limitations 36-71(d)
Water and sewers. See that title
Supp. No. 19 3060
CODE INDEX
OFFICERS AND EMPLOYEES—Cont'd. Section
City treasurer 2-159 et seq.
City treasurer. See that title
Civil service commission 2-178 et seq.
Civil service commission. See that title
Compensation, salaries, etc.
Ordinances saved from repeal, other provisions not included
herein. See the preliminary pages and the adopting or-
dinance of this code
Providing for 2-68
Corporation counsel
Powers and duties 2-142
Legal department. See that title
Delegation of authority, construed 1-2
Departments and other agencies of city. See that title
Development planner 29-31
Planning. See that title
Director of public works 2-169 et seq.
Public works and improvements. See that title
Disaster services and emergency planning coordinator 11-19 et seq.
Civil defense. See that title
Dock board 91/2-5 et seq.
Boats, boating and waterfront structures. See that title
Dock division manager 9'/2-12
Elections 12-1 et seq.
Elections. See that title
Electrical inspector 13-29 et seq.
Electricity. See that title
Emergency location for city government 2-5
Emergency succession 2-199 et seq.
Emergency succession. See that title
Examinations 2-187
Civil service commission. See that title
General powers and duties
Charter provisions 2-19
Designated 2-70
Specific powers, etc. See Specific subjects
Human rights director 21-31
Human rights director. See that title
Manager, powers and duties of re 2-107
Mayor and mayor pro tem 2-81 et seq.
Mayor and mayor pro tem. See that title
Municipal funds, deposits of 2-73
Municipal parking garage operators 25-296
Traffic. See that title
Parks and recreation, director of 27-33, 27-34
Parks and recreation. See that title
Supp. No. 19
3063
DUBUQUE CODE
OFFICERS AND EMPLOYEES—Cont'd. Section
Pensions and retirements
Ordinances saved from repeal, other provisions not included
herein. See the preliminary pages and the adopting or-
dinance of this code
Personnel records 2-185
Civil service commission. See that title
Plumbing inspectors
Plumbing. See that title
Powers and duties. See within this title: General Powers and
Duties
Powers and duties of manager re 2-107
Representation, duties of solicitor 2-149
Transfer of records and property to successor 2-74
OIL
Specific waste water pollutant limitations 36-71(d)
Water and sewers. See that title
30-24 et seq.
OLD MAIN HISTORIC DISTRICT
Provisions re 19'/2-6.2
Historic districts. See: Historical Preservation
ONE-WAY STREETS
Ordinances saved from repeal, other provisions not included
herein. See the preliminary pages and the adopting ordi-
nance of this code
OPEN AIR SHOWS
Definitions 6-75
Exemptions 6-78
Licenses
Exemptions 6-78
Fees 6-77
Required 6-76
Theaters and halls in general 6-128 et seq.
Theaters and halls. See that title
OPENING BOXES
Prohibited noise, noise regulations, etc. 26-139 et seq.
Noises. See that title
ORDERTAKERS
Peddlers' regulations 28-1 et seq.
Peddlers, canvassers and solicitors. See that title
ORDINANCES
Annual appropriation ordinance 2-24
Charter provisions 2-16 et seq.
Charter. See that title
Code of ordinances 1-1 et seq.
Code of ordinances. See that title
Supp. No. 19 3064
CODE INDEX
PARKS AND RECREATION—Cont'd. Section
Garbage, trash and refuse
Unlawful deposits; receptacles provided 27-51
Gatherings or groups
Buildings for group gatherings, reservation of 27-68(b)
Obstructing traffic in roadways or parking areas 27-67(d)
Permit required for mass meetings, political meetings, en-
tertainments, exhibitions, bands or processions 27-68(a)
Goods, wares, merchandise or other articles obstructing free
use and enjoyment of park or parkway; permission re-
quired 27-58
Handbills, circulars, etc., distribution of 27-60
Horse-drawn vehicles and riding of animals restricted 27-50
Hours of operation; open season 27-74
Eagle Point park, entry of motor vehicles after 10:00 p.m.
prohibited; exceptions 27-75
Indecent exposure 27-48
Indecent language 27-47
Interfering with park employees or solicitation of park em-
ployees by salesmen, agent or other persons prohib-
ited 27-65
Loosening stone from bluffs prohibited 27-70
Motor vehicles and other vehicles
Compliance with motor vehicle laws and ordinances 27-72
Eagle Point park, entry after 10:00 p.m. prohibited 27-75
Operation of in parks regulated 27-67
Unattended vehicles left after closing hours, removal of . 27-73
Washing, cleaning or polishing 27-71
Obstructions to use of park or parkway 27-58
Park and recreation commission
Administrative and other city policies to govern commission
operation .. 27-27
Attendance at meetings , .... 27-22
Compensation 27-23
Cooperation with other agencies , 27-19
Created 27-16
Internal rules and regulations .. , . , 27-26
Meetings
Frequency of regular meetings 27-25(b)
Minutes 27-25(e)
Open meetings law, compliance with 27-25(d)
Organizational meetings 27-25(a)
Special meetings 27-25(c)
Membership; appointments 27-21
Organization; officers 27-24
Powers 27-18
Purpose 27-17
Supp. No. 14
3067
DUBUQUE CODE
PARKS AND RECREATION—Cont'd. Section
Quorum; vote required for commission action 27-21
Residency requirement for membership 27-21(d)
Solicitation and acceptance of donations 27-20
Terms of office 27-21(b), (c)
Vacancies, filling 27-21(e)
Permits
Mass meetings, political meetings, entertainments, exhibi-
tions, bands or processions, permit required for 27-68(a)
Posting, fastening, painting or affixing placards, bills, notices
or signs on trees, structures, stones, fences, etc. 27-59
Sales restricted; exceptions for refreshments or other articles
sold from concession stands 27-61
Searchlights, use of 27-66
Signs, distribution or display of 27-60
Solicitation of park personnel by salesmen or agents 27-65
Spotlights, use of 27-66
Throwing stones or other missiles 27-55
Traffic
Operation of motor vehicles and other vehicles in parks,
authority to prohibit 27-67(a)
Parking, stopping and standing
Obstructing flow of traffic by 27-67(b)
Prohibited parking; parking declared unlawful when
posted 27-67(d)
Playing games or gatherings within roadways or parking
areas causing obstruction of traffic declared unlaw-
ful 27-67(c)
Trapping animals, birds or fish prohibited 27-56
Trees, shrubs and plants
Cutting or defacing 27-53
Use regulations 27-46
Washing, cleaning or polishing vehicles 27-71
PARKWAYS
Street defined to include 1-2
Streets in general. See: Streets and Sidewalks
PARTNERSHIPS
Person defined re 1-2
PATENT MEDICINES
Distributing 3-20
PAVEMENT
Fires set on 33-10
Streets and sidewalks. See that title
Supp. No. 14
3068
CODE INDEX
TRAFFIC—Cont'd. Section
Park
Defined 25-2
Parking garages
Municipal parking garages. See hereinabove that subject
Parking lot
Defined 25-2
Parking meters
Defacing, tampering with 25-330
Definitions 25-2, 25-321
Deposits, collection and disposition 25-331
Districts 25-326
Enforcement 25-332
Fee schedules 25-327
Exemption of persons holding resident parking permits ` 25-328.1
Installation authorized and directed 25-322
Manner of construction, installation and marking 25-323
Maximum parking time 25-328
Exemptions of persons holding residents parking permits
from 25.328.1
Municipal parking lots 25-305
Municipal parking lots. See within this title that subject
Operation required, when 25-325
Resident parking permits
Persons holding exempted from certain provisions 25-328.1
Slugs, unlawful to use 25-329
Spaces 25-324
Parking, stopping and standing
Advertising vehicles 25-324
Airports and aircraft. See that title
Alleys
Parking in, generally 25-271
Parking under fire escape 25-264
Use required for loading and unloading, when 25-263
Amount of traveled part of highway left for other traffic 25-256(12)
Angle parking 25-258
Bicycles or other wheeled recreational vehicles
Use in municipal parking garage or parking lot 25-245
Bus stops 25-260
Buses, manner of stopping 25-187
Business district
Backing for purposes of parking in 25-266
Crosswalk, on 25-266(5)
Parking, etc., within certain distance at an inter-
section 25-256(14)
Double parking 25-256(10)
Fines 25-274
Driveway, blocking 25-256(2)
Supp. No. 19
3097
DUBUQUE CODE
TRAFFIC—Cont'd.
Driveway entrance at fire station, at
Driving on private property without consent
Emergency vehicle privileges
Entrance to garage or driveway, opposite
Excavation, by
Fire escapes in alleys, under
Fire hydrant, at
Fire station entrance, at
Flashing beacon, stop sign, etc.
Parking in, etc., within certain distance
Garage or driveway entrance, opposite
Hand and arm signals, etc. See within this title:
Turning Movements
Handicapped persons, parking space for
Angular parking for handicapped persons
Specifications for
Designation of spaces generally
Findings of fact
Identification devices
Prohibited use of; penalties
Impoundment of vehicles in violation
Nonstate residents, handicapped parking for
Prohibited use of parking places
Purpose of provisions
Signs indicating use ]imitations
Placing at designated parking places
Violations, penalties
Impoundment of vehicles in violation
Illegal alley parking, etc., fine
Intersection, within
Loading and unloading
Business districts
Loading zones in front of theaters, hotels, etc.
Moving vehicle into prohibited area
Municipal auditorium
Service vehicles, reserved parking spaces for, adjacent to
Emblems on vehicles
Municipal parking lots. See within this title that
subject
No parking areas on riverfront property areas
Obstruction. See also within this title
Parking alongside or opposite
Official signs on curb markings, at
Other provisions applicable to, related to parking,
etc. See elsewhere herein other subjects as ap-
plicable
Supp. No. 19
3098
Section
25-256(8)
25-272
25-167
25-256(11)
25-256(9)
25-264
25-264(4)
25-256(8)
25-256(6)
25-256(11)
25-346
25-346
25-345
25-348
25-349
25-350
25-348
25-344
25-347
25-348
25-349
25-274
25-256(8)
25-263
25-259
25-166
25-269(a)
25-269(b)
9'/2-29
25-256(9)
25-256(18)