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1 Supplement No. 22 - Code of Ordinances - Page_01TABLE OF CONTENTS Page Officials of City at Time of Codification iii Preface v Ordinance Adopting Code ix Ordinance Readopting Code _ _ xiv.i CODE OF ORDINANCES Chapter 1. General Provisions 1 2. Administration 55 Art. I. In General —_ Art. I 1/2 . Charter 58 Art. II. City Council 58.1 Div. 1. Generally 58.1 Div. 2. Rules of Procedure 60 Art. III. Departments, Officers and Employees 65 Div. 1. Generally 65 Div. 2. Mayor and Mayor Pro Tem67 Div. 3. Manager 68 Div. 4. City Clerk 71 Div. 5. Legal Department ______ ?4 Div. 6. City Treasurer 77 Div. 7. Director of Public Works 78 Div. 8. Director of Community Develop- ment 78.1 Art. IV. Civil Service Commission _____ 78.1 Art. V. Emergency Succession 80 3. Advertising 133 Art. I. In General133 Art. II. Billposters, Billposting and Distribut- ing ____ 134 Art. III. Signs — ___-_____ 136 Div. 1. Generally 136 Div. 2. Construction .. 140 Div. 3. Licenses, Permits and Bonds ______ 143 4. Airport -----_--------__—_- 191 Art. I. In General 191 Art. I1/2. Parking Lots 194 Art. II. Commission __________ 199 Art. III. Manager _ 201 Supp. No. 16 xv DUBUQUE CODE Chapter Page Art. IV. Zoning Commission ____ 202 Art. V. Zoning Regulations ___________________________ 203 Div. 1. Generally ____ 203 Div. 2. Board of Adjustment 207 Div. 3. Zones — 209 Div. 4. Height Limitations __---- 210 Div. 5. Land and Nonconforming Use Restrictions 212 5. Alcoholic Beverages ____________ _ _____-- 263 Art. I. In General 263 Art. II. Liquor Control Licenses and Beer Per- mits 267 6. Amusements _ _—__--_-- 329 Art. I. In General 329 Art. II. Billiard and Pool Halls 329 Div. 1. Generally — _ 329 Div. 2. License 330 Art. III. Bowling Alleys ______________ 330 Art. IV. Circuses, Carnivals and Menageries 331 Art. V. Open Air Shows _____ 333 Art. VI. Public Dances and Dance Halls 334 Art. VII. Shooting Galleries 338 Art. VIII. Theaters and Halls ____ 338 Art. IX. Roller Skating Rinks 340 7. Animals and Fowl ___________ 393 Art. L In General 393 Art. II. Dogs and Cats 396 Div. 1. Generally 396 Div. 2. License ___ 399 Div. 3. Rabies Control 401 8. Auctions and Auctioneers __________ ______—_--___—_ 463 Art. I. In General . 453 Art. II. Licenses and Permits _______ _— ________ 454 9. Bicycles 507 Art. I. In General 507 Art. II. Registration 509 Supp. No. 16 xVi TABLE OF CONTENTS—Cont'd. Chapter Page 9112. Boats, Boating and Waterfront Structures 531 Art. L In General 531 Art. II. Dubuque Dock Board 531 Art. III. Dock Division Manager 534 Art. IV. Boat and Dock Use Regulations 534 10. Buildings and Building Regulations 561 Art. I. In General 561 Art. II. Unsafe Buildings 594 Art. III. Swimming Pools 595 Art. IV. Building Construction, Demolition and Moving 598 101/2. 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. Joint County -Municipal Administra- tion 649 111/2. Community Development 671 Art. I. In General 671 Art. II. Community Development Commission 671 Art. III. Reserved 676 Art. IV. Low -Rent Housing 676 Div. 1. Generally 676 Div. 2. Housing Commission 677 Art. V. Industrial Projects 684 12. Elections 719 Art. I. In General 719 Art. II. Precincts 720 Art. III. Wards 734 13. Electricity 771 Art. I. In General 771 Art. II. Electrical Code 771 Div. 1. Generally 771 Supp. No. 20 xvii DUBUQUE CODE Chapter Page Div. 2. Installation Standards and Re- quirements 773 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 847 Div. 1. Generally 847 Div. 2. Bureau of Fire Prevention 850 Art. III. Service Stations, Tank Vehicles and Storage Tanks 851 Div. 1. Generally 851 Div. 2. Service Station Licenses 852 Div. 3. Bulk Storage Tank Licenses 853 15. Flood Damage Control 909 Art. I. In General 909 Art. II. Flood Areas 909 16. Food 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 Supp. No. 20 xviii 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 Art. VIII. Drug Paraphernalia 1695 27. Parks and Recreation 1745 Art. I. In General 1745 Art. II. Administration 1746 Div. 1. Generally 1746 Div. 2. Park and Recreation Commission 1746 Div. 3. Director of Parks and Recreation 1750 Art. III. Use Regulations 1750 Art. IV. Specific Parks 1758 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 Permits 1984 Art. III. Police Department 1988 32. Railroads 2033 33. Streets, Sidewalks and Public Places 2087 Art. I. In General 2087 Art. II. Curbs and Driveways 2091 Div. 1. Generally 2091 Div. 2. Permit 2092 Art. III. Excavations 2094 Div. 1. Generally 2094 Div. 2. Permit 2096 Supp. No. 19 xxi DUBUQUE CODE Chapter Page Art. IV. Snow and Ice Removal 2097 Div. 1. Generally 2097 Div. 2. Sidewalks 2098 Art. V. Sidewalk Repairs 2099 34. Subdivision Regulations 2149 Art. I. In General 2149 Art. II. Plats 2151 Div. 1. Generally 2151 Div. 2. Preliminary 2152 Div. 3. Final 2155 Art. III. Standards and Specifications 2159 Div. 1. Generally 2159 Div. 2. Streets, Alleys and Easements 2160 Div. 3. Blocks 2162 Div. 4. Lots 2162 Div. 5. Parks, Playgrounds and Schools 2163 35. Taxation 2213 Art. I. In General 2213 Art. II. Property Taxes 2213 Div. 1. Generally 2213 Div. 2. Exemptions 2214 Art. III. Hotel and Motel Tax 2217 36. Utilities 2253 Art. I. In General 2253 Art. II. Sewers and Sewage Disposal 2255 Div. 1. Generally 2255 Div. 2. Discharge Regulations 2261 Div. 3. Private Disposal Systems 2269 Div. 3A. Private Haulers 2274 Div. 4. Rates 2275 Div. 5. Industrial Pretreatment Program 2281 Art. III. Reserved 2284.20 Art. IV. Water 2284.21 Div. 1. Generally 2284.21 Div. 2. Connections 2290 Supp. No. 19 Chapter 7 ANIMALS AND FOWL* Art. I. In General, §§ 7-1-7-15 Art. II. Dogs and Cats, §§ 7-16-7-50 Div. 1. Generally, §§ 7-16-7-30 Div. 2. License, §§ 7-31-7-44 Div. 3. Rabies Control, §§ 7-45-7-50 ARTICLE I. IN GENERAL Sec. 7-1. Sale of baby chickens, rabbits and ducklings re- stricted. (a) It shall be unlawful for any person to sell, or offer for sale, barter, or give away, baby chicks, rabbits, ducklings or other fowl as pets or novelties, whether or not dyed, colored, or otherwise artificially treated. (b) This section shall not be construed to prohibit the display or sale of natural chicks, ducklings or rabbits in proper brooder facilities, by hatcheries or stores engaged in the business of selling the same to be raised for commercial purposes. (c) No person shall engage in the business of selling baby chicks, poultry or domestic fowl within the city unless he has been licensed to do so by the department of agriculture of the state. (Ord. No. 34-57, §§ 1-3, 4-1-57) Sec. 7-2. Restrictions on maintaining livestock within city. (a) No person shall keep or maintain within the corporate limits of the city any pens, buildings, yards, sheds or enclo- sures wherein any cattle, sheep or swine are collected, kept or fed for commercial purposes unless such pens, buildings, yards, *Cross references—Horse drawn vehicles and riding of animals in public parks restricted, § 27-38; dogs, cats, etc., in public parks re- stricted, § 27-39; interfering with animals in public parks restricted, § 27-44. Supp. No. 13 393 § 7-2 DUBUQUE CODE § 7-2 sheds or enclosures are erected, constructed and maintained as provided in this section. (b) All such pens, buildings, yards, sheds or enclosures shall be erected and maintained with floors constructed of concrete at least four (4) inches thick with a smoothly troweled wearing surface. (c) All such concrete floors shall be constructed so as to drain to a catch basin or basins connected with the sanitary sewage system of the city, or in the event no such sewage system is in proximity to such premises such catch basin or basins shall be connected with or drain into a cesspool ap- proved by the plumbing inspector of the city. Such cesspool shall be cleaned and disinfected as often as necessary to maintain the same in a sanitary condition and so that it will not emit noxious odors. (d) All such pens, buildings, yards, sheds and enclosures shall be connected with the city water system or other pres- sure water system, and when in use shall be flushed and cleansed with water by use of a hose connected with such water system at least once daily except in freezing weather and shall be kept thoroughly clean and free from filth and noxious odors at all times. (e) Every such pen, building, yard, shed, or enclosure shall have erected and maintained in connection therewith a water- tight covered container for receiving and hauling manure, litter and refuse accumulating on such premises between times of its removal therefrom and all such manure, litter and refuse shall be gathered daily when such pens, buildings, sheds, yards and enclosures are in use and shall be placed in such containers. The contents of such containers shall be removed and hauled away from the premises at least every second day. (f) The keeping of cattle, sheep or swine in any pen, build- ings, yard, shed or enclosure within the corporate limits of the city in violation of the provisions of this section shall constitute a nuisance and the same may be restrained and abated as by law provided. (Ord. No. 10-33, §§ 1-6, 10-16-33) Supp. No. 13 394 § 7-46 ANIMALS AND FOWL § 7-50 confined and in quarantine as provided above for a minimum of ninety (90) days. (Ord. No. 11-82, § 1, 3-11-82) Sec. 7-47. Reporting rabies; notice to health officer. (a) It shall be the duty of the owner of any cat, dog or other domesticated animal suspected of being rabid that has attacked, bitten or caused any skin abrasion upon any person to report such incident to the health officer. (b) It shall be the duty of any physician or veterinarian immedi- ately to transmit information to the health officer that may come to him/her through his/her professional capacity with reference to any person having been attacked, bitten or having skin abrasions by any dog, cat or other domestic animal. (Ord. No. 11-82, § 1, 3-11-82) Sec. 7-48. Notification to police or health officer of dead animals. Any person finding a dead dog or cat shall at once notify the police department or health services division. (Ord. No. 11-82, § 1, 3-11-82) Sec. 7-49. Punishment for harboring known rabid dog, cat or other domestic animal. Any person who shall knowingly harbor or keep any dog, cat or other animal infected with rabies, or with knowledge that their animal was bitten by a rabid animal, fails to report such incident to the health services division or police, shall be punished as provided in section 1-8 of this Code. (Ord. No. 11-82, § 1, 3-11-82) Sec. 7-50. Prohibited actions after mayor's proclamation of emergency. When the mayor, pursuant to resolution of the city shall declare an emergency due to rabies: (a) It shall be unlawful for the owner of any dog, cat or other domestic animal to permit such animal to be at large. Any dog, cat or domesticated animal found to be at large shall be deemed to be so with the permission or at the suffer- ance of its owner. Supp. No. 18 403 § 7-50 DUBUQUE CODE § 7-50 (b) It shall be unlawful for any person except the owner of a dog, cat or other domestic animal, or owner's agent to open any door or gate of any private premises for the purpose or result of setting such animal at large. (c) Any licensed or unlicensed dog, cat or other domestic animal found at large shall be impounded by the health services division or police department. (Ord. No. 11-82, § 1, 3-11-82) Supp. No. 18 404 [The next page is 453) § 25-141 MOTOR VEHICLES AND TRAFFIC § 25-142 (2) To lend his temporary driver's permit, temporary in- struction permit, operator's license or chauffeur's li- cense to any other person or knowingly permit the use thereof by another. To display or represent as one's own any temporary driver's permit, temporary instruction permit, opera- tor's license, or chauffeur's license not issued to him. (4) To fail or refuse to surrender to the department upon its lawful demand any temporary driver's permit, tem- porary instruction permit, operator's license or chauf- feur's license which has been suspended, revoked or cancelled. (5) To use a false or fictitious name in any application for a temporary driver's permit, temporary instruction per- mits, operator's license or chauffeur's license or to knowingly conceal a material fact or otherwise com- mit a fraud in any such application. (6) To permit any unlawful use of a temporary driver's permit, temporary instruction permit, operator's license or chauffeur's license issued to him. (Ord. No. 33-49, § 3.3, 9-6-49; Ord. No. 56-71, § 1, 10-20-71) State law reference—Similar provisions, I.C.A. § 321.216. (3) Sec. 25-142. Driving while license denied, suspended or re- voked. (a) Any person whose operator's or chauffeur's license or driving privilege has been denied, cancelled, suspended or re- voked who drives any motor vehicle upon the streets of this city while such license or privilege is denied, cancelled, sus- pended or revoked, is guilty of a simple misdemeanor. The sentence imposed under this section shall not be suspended by the court. (b) Any person operating a motorized bicycle on the streets of this city, not possessed of an operator's or chauffeur's license valid for operation of motorcycles or a valid motorized bicycle license, shall, upon conviction, be guilty of a simple misde- meanor. (Ord. No. 33-49, § 3.4, 9-6-49 ; Ord. No. 6-78, § 1, 1-16-78) Supp. No. 3 1567 § 25-143 DUBUQUE CODE § 25-147 Sec. 25-143. Permitting unauthorized minor to drive. No person shall cause or knowingly permit his child or ward under the age of eighteen (18) years to drive a motor vehicle upon any street when such minor is not authorized according to law. (Ord. No. 33-49, § 3.5, 9-6-49) State law reference—Similar provisions, I.C.A. § 321.219. Sec. 25-144. Permitting unauthorized persons to drive. No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven upon any street by any person who is not authorized by law. (Ord. No. 33-49, § 3.6, 9-6-49) State law reference—Similar provisions, I.C.A. § 321.220. Sec. 25-145. Employing unlicensed chauffeur. No person shall employ as a chauffeur of a motor vehicle any person not then licensed as provided by law. (Ord. No. 33-49, § 3.7, 9-6-49) State law reference—Similar provisions, I.C.A. § 321.221. Sec. 25-146. Restricted licenses. (a) The department of public safety may either issue a special restricted license or may set forth such restrictions upon the usual license form. (b) It is a misdemeanor for any person to operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him. (Ord. No. 33-49, § 3.11, 9-6-49 ; Ord. No. 36-68, § 1, 6-3-68) State law reference—Similar provisions, I.C.A. § 321.193. Sec. 25-147. Renting motor vehicle to unlicensed persons. No person shall rent a motor vehicle to any other person unless the latter person is then duly licensed according to the laws of the state, or in the case of a non-resident, then duly licensed under the laws of the state or county of his resi- dence except a non-resident whose home state or county does Supp. No. 3 1568 1 § 25-210 MOTOR VEHICLES AND TRAFFIC § 25-210 EASTBOUND Bluff Street and West Twelfth Street Chavenelle Road at north-west arterial (Ord. No. 56-82, § 1, 10-18-82) Crescent Ridge and Cedar Cross Road (Ord. No. 29-79, § 1, 5-30-79) Curtis Street and Bryant Street (Ord. No. 36-79, § 1, 6-18-79) Fremont Avenue and Wartburg Place Front Street and Harbor Street Grandview Avenue, North, and Delhi Street Henion Street and Helena Street (Ord. No. 77-77, § 1, 11-21-77) James Street and Langworthy Avenue John F. Kennedy Road and University Avenue Kennedy Court and Peru Road (Ord. No. 29-79, § 1, 5-30-79) Key Way Drive and Keymont Street Key Way Drive and Westway Street (Ord. No. 38-78, § 1, 6-19-78) Louise Street and Peru Road (Ord. No. 29-79, § 1, 5-30-79) MarJo Quarry Road and Inland Drive (Ord. No. 29-79, § 1, 5- 30-79) Miller Road and Kelly Lane (Ord. No. 29-79, § 1, 5-30-79) Simpson Street and Fremont Avenue (Ord. No. 59-79, § 1, 10-1-79) Starlight Drive and Cedar Cross Road (Ord. No. 29-79, § 5-30-79) University Avenue and Ashbury Road Woodworth Street and Lowell Street WESTBOUND Andrew Court and Boyer Street (Ord. No. 26-78, § 1, 5-1-78) Supp. No. 18 1590.5 1, § 25-210 DUBUQUE CODE § 25-210 Chavenelle Road at Radford Road (Ord. No. 56-82, § 1, 10-18-82) Delhi Street and West Fifth Street Fremont Avenue and Kelly Lane Grandview Avenue, North, and Delhi Street Hawkeye Drive and Peru Road (Ord. No. 29-79, § 1, 5-30-79) James Street and Mazzuchelli Heights Liberty Street and Peru Road (Ord. No. 29-79, § 1, 5-30-79) St. Anne Drive and Ridge Road Salem Street and Peru Road (Ord. No. 29-79, § 1, 5-30-79) Sheridan Road and Peru Road (Ord. No. 29-79, § 1, 5-30-79) Starlight Drive and Crescent Ridge (Ord. No. 29-79, § 1, 5-30-79) Toledo Street and Peru Road (Ord. No. 29-79, § 1, 5-30-79) University Avenue and Ashbury Road University Avenue and John F. Kennedy Road Valley Drive and Peru Road (Ord. No. 29-79, § 1, 5-30-79) Walker Street and Peru Road (Ord. No. 29-79, § 1, 5-30-79) EASTBOUND AND WESTBOUND Atlantic Street and Custer Street Avoca Street and Green Street Davis Street and Windsor Avenue (Ord. No. 10-79, § 1, 1-16-79) Elm Street and East Twenty-ninth Street Evergreen Street and Karen Street Fillmore Street and Adair Street Grandview Avenue, North, and Clarke Drive Hillcrest Road and Key Way Drive Jackson Street and East Twenty-fourth Street Key Way Drive and Keystone Drive (Ord. No. 38-78, § 1, 6-19-78) Supp. No. 18 1590.6 § 25-210 MOTOR VEHICLES AND TRAFFIC § 25-210 Langworthy Avenue and Alpine Street Langworthy Avenue and Booth Street Langworthy Avenue and Nevada Street Lincoln Avenue and Fengler Street Lincoln Avenue and Kniest Street (Ord. No. 51-82, § 1, 9-7-82) Madison Street and Clarke Drive. (Ord. No. 24-83, § 1, 5-2-83) Maryville Drive and Scenic View Drive (Ord. No. 10-79, § 1, 1-16-79) Oakcrest Drive and Maplewood Court (Ord. No. 10-79, § 1, 1-16-79) Pearl Street and Finley Street Pearl Street and Gilliam Street Randall Street and Bradley Street Rider Street and Bradley Street St. Ambrose Street and Rosedale Street Sheridan Street and Goethe Street Solon Street and Alpine Street Sycamore Street and East Fifteenth Street Theda Drive and Crissy Drive (Ord. No. 10-79, § 1, 1-16-79) Twelfth Street, East, and Elm Street (Ord. No. 16-82, § 2, 4-7-82) Twenty-seventh Street, East, and Washington Street (Ord. No. 18-83, § 1, 3-21-83) Vizalea Street and Keymont Street Walnut Street and West Eleventh Street Washington Street and East Thirteenth Street Washington Street and East Fifteenth Street Washington Street and East Sixteenth Street Supp. No. 18 1590.7 § 25-210 DUBUQUE CODE § 25-212 Washington Street and East Eighteenth Street Washington Street and East Nineteenth Street Washington Street and East Twenty-fifth Street Washington Street and East Twenty-ninth Street Woodland Drive and Key Way Drive (Ord. No. 38-78, § 1, 6-19-78) (Ord. No. 33-49, § 12.4, 9-6-49; Ord. No. 63-77, § 1, 9-19-77; Ord. No. 77-77, § 1, 11-21-77; Ord. No. 26-78, § 1, 5-1-78; Ord. No. 38-78, § 1, 6-19-78; Ord. No. 9-79, § 1, 1-16-79; Ord. No. 10-79, § 1, 1-16-79; Ord. No. 11-79, § 1, 1-16-79; Ord. No. 22-79, § 1, 4-2-79; Ord. No. 29-79, § 1, 5-30-79; Ord. No. 36-79, § 1, 6-18-79; Ord. No. 59-79, § 1, 10-1-79; Ord. No. 34-80, § 1, 5-19-80; Ord. No. 4-81, § 1, 1-19-81; Ord. No. 5-81, § 1, 1-19-81; Ord. No. 16-82, §§ 1, 2, 4-7-82; Ord. No. 51-82, § 1, 9-7-82; Ord. No. 56-82, § 1, 10-18-82; Ord. No. 18-83, § 1, 3-21-83; Ord. No. 24-83, §§ 1, 2, 5-2-83) Editor's note -The street schedule set forth in § 25-210(b) is derived from Ord. No. 63-77, § 1, adopted Sept. 19, 1977, as amended from time to time. Subsequent ordinances amending said street schedule by adding or revising the provisions thereof are indicated in the history note following the provision added or revised. A complete history note for § 25-210 appears at the end of the section. State law reference -Similar provisions, I.C.A. § 321.322. Sec. 25-211. Stop signs to be erected at entrances to through streets and stop intersections; stop required. Stop signs shall be erected at entrances to through streets and at one or more entrances to stop intersections. Every driver of a vehicle shall stop at such sign or at a clearly marked stop line before entering an intersection, except when directed to proceed by a peace officer or traffic -control signal. (Ord. No. 33-49, § 12.5, 9-6-49) Sec. 25-212. Yield intersections. (a) The driver of a vehicle approaching a yield sign at a "yield" intersection shall slow down to a speed reasonable for the existing conditions or shall stop, if necessary, and shall yield the right-of-way to any pedestrian legally crossing the roadway and to any vehicle in the intersection Supp. No.18 1590.8 § 25-257 MOTOR VEHICLES AND TRAFFIC § 25-257 Edina Street, south side, from Alta Vista Street to the alley immediately west thereof. Edison Street, south side, from Stafford Avenue to Alt- hauser Street. Elm Street, east side, from East Nineteenth Street to East Twentieth Street; west side, from East Twentieth Street to East Twenty-sixth Street. Farley Street, west side, from Rhomberg Avenue to High Bluff Street ; east side from Rhomberg Avenue to Gar- field Avenue. Foye Street, east side, from West Locust Street to Napier Street. Grace Street, north side, from McCormick Street to North Grandview Avenue. Grandview Avenue, North, north side, from Audubon Street to Clarke Drive; west side, from Clarke Drive .to West Thirty-second Street. Grove Terrace, east side, from West Eleventh Street to Arlington Street. Hawthorne Street, north side, from Rhomberg Avenue to Kerper Boulevard. Henion Street, west side, from Loras Boulevard to Helena Place. Highland Place, east side, from West Eleventh Street to Arlington Street. Hill Street, east side, from Dodge Street to West Third Street. Hill Street, South, west side and north side, from South Grandview Avenue to Dodge Street. Hillcrest Road, south side, from Asbury Road to Avalon Road and from John F. Kennedy Road to St. John Drive. Iowa Street, west side, from First Street to Second Street; east side, from Fourth Street to Tenth Street. Supp. No. 5 1594.7 § 25-257 DUBUQUE CODE § 25-257 Irving Street, west side, from University Avenue to Decorah Street. Jackson Street, both sides, from East Eighth Street to a point 140 feet south of East Eleventh Street. Jefferson Street, south side, from Walnut Street to Olive Street. John F. Kennedy Road, both sides, from University Avenue to West Thirty-second Street. Jones Street, north side, from Water Street to the Illinois Central Railroad right-of-way. Kane Street, north side, from Ken Court to Carter Road.. Kaufmann Avenue, south side, from Central Avenue to Francis Street; north side, from Francis Street to Valeria Street. Kerper Boulevard, both sides, from Pine Street to Haw- thorne Street. Lawndale Street, east side, from Park Street to the north- erly terminus of Lawndale Street. Lincoln Avenue, south side, from the Chicago Great Western right-of-way to Kniest Street. Locust Street, both sides, from West Second Street to West Third Street and from West Eighth Street to West Ninth Street ; east side, from West Fourth Street to West Eighth Street. Locust Street, South, east side, from Railroad Avenue to Dodge Street; west side, from Dodge Street to a point 380 feet south of Dodge Street. Loras Boulevard, both sides, from Central Avenue to Bluff Street and from Prairie Street to Walnut Street; north side, from Henion to Prairie Street and from Walnut Street to Alta Vista Street. Madison Hill, east side, from West Seventeenth Street to Clarke Drive. Supp. No. 5 1594.8 § 25-257 MOTOR VEHICLES AND TRAFFIC § 25-258 Washington Street, west side, from East Twentieth Street to East Twenty-fifth Street. White Street, west side, from the north property line of East Fourth Street to a point 37 feet north thereof. Wilbur Lane, south side, from Alice Street to Grove Terrace. Wilson Avenue, west side, from West Eighth Street to West Eleventh Street. Wooten Street, south side, from Hill Street to McClain Street; north side, from McClain Street to a point 165 feet east thereof. (Ord. No. 38-49, § 16.5, 9-6-49; Ord. No. 52-78, § 1, 9-5-78; Ord. No. 62-78, § 1, 11-6-78; Ord. No. 21-79, § 1, 4-2-79; Ord. No. 37-79, § 1, 6-18-79; Ord. No. 64-79, § 1, 10-15-79; Ord. No. 3-81, § 1, 1-19-81; Ord. No. 18-82, § 1, 4-7-82) Editor's note—The street schedule set forth in § 25-257(c) is derived from Ord. No. 62-78, § 1, adopted Nov. 6, 1978, and the street schedule set forth in § 25-257(d) is derived from Ord. No. 21-79, § 1, adopted April 2, 1979, as said schedules are amended from time to time. Subsequent ordinances amending said street schedules by adding or revising the provisions thereof are indicated in the history note following the provisions added or revised. A complete history note for § 25-257 appears at the end of the section. Sec. 25-258. Parallel parking required; exceptions for angle parking. (a) Except where angle parking is permitted and on one-way streets, every vehicle stopped or parked upon a roadway where there is an adjacent curb shall be stopped or parked with the right hand wheels of such vehicle parallel with and within eighteen (18) inches of the right-hand curb. (b) On one-way streets vehicles may also be parked with the left hand wheels parallel with and within eighteen (18) inches of the left hand curb. Supp. No. 14 1594.11 § 25-325 MOTOR VEHICLES AND TRAFFIC § 25-326 any motor vehicle registered in such person's name or operated or controlled by such person to be upon any street within a parking meter space adjacent to a parking meter while such meter is displaying a signal indicating that the motor vehicle occupying such parking space has been parked beyond the period prescribed for such parking spaces. (b) Such parking meter shall be operated to show legal parking in such parking meter zones between the hours of 9:00 a.m. and 6:00 p.m. on Tuesday, Wednesday, Thursday and Saturday of each week and between the hours of 9:00 a.m. and 9:00 p.m. on Monday and Friday of each week, and each day of each week during the period commonly called "Christmas Shopping Days," which period commences on December first and extends to December twenty-third inclusive, of each year, except at such spaces designated from time to time in which the parking meter shall be operated to show legal parking during the hours of 9:00 a.m. and 6:00 p.m. on Monday, Tuesday, Wednesday, Thursday, Friday and Saturday of each week. (c) The provisions of this division shall not apply on holidays, and the term "holiday" shall include the following days only: the first day of January, Memorial Day, the Fourth of July, the first Monday in September, Thanksgiv- ing Day and the twenty-fifth day of December. (Ord. No. 33-49, § 16.6, 9-6-49; Ord. No. 47-50, § 1, 12-4-50; Ord. No. 44-64, § 1, 12-28-64; Ord. No. 37-65, §§ 5, 5(a), 10-4-65; Ord. No. 38-65, § 1, 10-4-65; Ord. No. 33-72, § 1, 6-12-72) Sec. 25-326. Districts. There are hereby established three (3) parking meter districts in the city, to be known as parking meter districts A, B and C, to be composed of streets and/or portions thereof as follows: PARKING METER DISTRICT A First Street, both sides, between Main and Locust Streets. Sixth Street, both sides, between Locust and Bluff Streets. Supp. No. 17 1611 § 25-326 DUBUQUE CODE § 25-326 Seventh Street, both sides, between Central Avenue and Iowa Street. Seventh Street, both sides, between Locust and Bluff Streets. Eighth Avenue, north side, from Central Avenue to alley, west. Eighth Avenue, south side, between Locust and Bluff Streets. Eighth Avenue, south side, from White Street east for a distance of sixty-six (66) feet. Ninth Street, north side, between Iowa and Locust Streets. Ninth Street, south side, between Locust and Bluff Streets. Tenth Street, both sides, between Iowa and Locust Streets. Thirteenth Street, both sides, between Central Avenue and Iowa Street. Bluff Street, west side, between Seventh and Locust Streets. Central Avenue, both sides, between Fourth and Eighteenth Streets. Central Avenue, east side, between Eighteenth and Nineteenth Streets. Iowa Street, both sides, between Eleventh and Twelfth Streets. Iowa Street, east side, from Thirteenth Street to Loras Boulevard. Locust Street, west side, between Fourth and Eighth Streets. (Ord. No. 63-78, § 1, 11-6-78) Locust Street, both sides, between Ninth and Tenth Streets. (Ord. No. 63-78, § 1, 11-6-78) Main Street, both sides, between First and Fourth Streets. Supp. No. 17 1612 § 25-326 MOTOR VEHICLES AND TRAFFIC § 25-326 PARKING METER DISTRICT C Second Street, both sides, between Iowa and Main Streets. Third Street, south side, between Iowa and Main Streets. Fourth Street, north side, from Iowa Street to Locust Street. (Ord. No. 65-77, § 1, 9-19-77; Ord. No. 64-78, § 1, 11-6-78) Fifth Street, south side, between Central Avenue and Iowa Street. (Ord. No. 62-77, § 1, 9-19-77) Fifth Street, both sides, between Central Avenue and White Street. Fifth Street, both sides, between Iowa and Bluff Streets. (Ord. No. 62-77, § 1, 9-19-77) Sixth Street, both sides, between Central Avenue and White Street. Seventh Street, both sides, between Central Avenue and White Street. Eighth Street, south side, from a point three hundred (300) feet westerly of Bluff Street to University Avenue. Eighth Street, both sides, between Central Avenue and White Street. Ninth Street, East, south side, between Central Avenue and White Street. (Ord. No. 35-78, § 1, 6-5-78) Tenth Street, both sides, between Central Avenue and White Street. Eleventh Street, both sides, between Central Avenue and White Street. Twelfth Street, both sides, between Main and Bluff Streets. Twelfth Street, south side, between Main and White Streets. (Ord. No. 2-83, § 1, 1-17-83) Thirteenth Street, both sides, between Central Avenue and White Street. Supp. No. 17 1612.3 § 25-326 DUBUQUE CODE § 25-326 Thirteenth Street, both sides, between Main and Locust Streets. Fifteenth Street, East, north side, one-half block east of Central Avenue. Fifteenth Street, East, south side, from Central Avenue to White Street. Fifteenth Street, West, both sides, one-half block west of Central Avenue. Bluff Street, both sides, between Fourth and Fifth Streets. Bluff Street, both sides, between Eleventh and Twelfth Streets. Central Avenue, both sides, between Third and Fourth Streets. Iowa Street, both sides, between Second and Third Streets. Locust Street, both sides, between Twelfth Street and Loras Boulevard. Main Street, both sides, between Thirteenth Street and Loras Boulevard. White Street, west side, between Eleventh and Thirteenth Streets. White Street, west side, between East Fourteenth and East Fifteenth Streets. (Ord. No. 37-65, § 6, 10-4-65; Ord. No. 16-73, § 1, 4-2-73; Ord. No. 16-77, § 1, 4-4-77; Ord. No. 62-77, § 1, 9-19-77; Ord. No. 64-77, § 1, 9-19-77; Ord. No. 65-77, § 1, 9-19-77; Ord. No. 66-77, § 1, 9-19-77; Ord. No. 63-78, § 1, 11-6-78; Ord. No. 64-78, § 1, 11-6-78; Ord. No. 63-79, §§ 1, 2, 10-15-79; Ord. No. 2-83, §§ 1-3, 1-17-83) Supp. No. 17 1612.4 § 25-327 MOTOR VEHICLES AND TRAFFIC § 25-327 Editor's note—The street schedules for parking meter districts set forth in § 25-326 are derived from Ord. No. 16-77, § 1, adopted April 4, 1977, as amended from time to time. Subsequent ordinances amending said street schedules by adding or revising the provisions thereof are indicated in the history note following the provisions added or revised. A complete history note for § 25-326 appears at the end of the section. Sec. 25-327. Fee schedule. Subject to the limitations provided in this division, parking meters, when installed and properly operated, shall show Supp. No. 6 1612.4.1 § 25-327 MOTOR VEHICLES AND TRAFFIC § 25-328 legal parking upon and after deposit of United States coin in accordance with the following schedule: (1) In parking meter district A such meters shall show legal parking for fifteen (15) minutes upon deposit of each five -cent ($0.05) coin or thirty (30) minutes upon deposit of one ten -cent ($0.10) coin, but not more than a total of sixty (60) minutes at any one time. (2) In parking meter district B such meters shall show legal parking for twenty (20) minutes upon deposit of each five -cent ($0.05) coin or forty (40) minutes upon the deposit of one ten -cent ($0.10) coin or one hour and forty (40) minutes upon the deposit of one twenty- five -cent ($0.25) coin, but not more than a total of one hundred and twenty (120) minutes at any one time. (3) In parking meter district C such meters shall show legal parking for thirty (30) minutes upon the deposit of each five -cent ($0.05) coin, or sixty (60) minutes upon the deposit of each ten -cent ($0.10) coin, or two (2) hours and 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 ane time. (Ord. No. 37-65, § 7, 10-4-65; Ord. No. 16-73, § 1, 4-2-73; Ord. No. 29-77, § 1, 5-2-77) Sec. 25-328. Maximum parking times. Between the hours and on the days stated in section 25-325, regardless of whether the parking meter shows legal parking, no vehicle shall be parked in a parking meter space at any one time for longer than the following periods of time, within the following parking meter districts : (1) District A, not longer than one (1) hour. (2) District B, not longer than two (2) hours. (3) District C, not longer than ten (10) hours. (Ord. No. 37-65, § 8, 10-4-65 ; Ord. No. 16-73, § 1, 4-2-73) Supp. No. 4 1612.5 § 25-328.1 DUBUQUE CODE § 25-328.1 Sec. 25-328.1. Exemption of persons holding resident parking permits from sections 25-327, 25-328. (a) "Resident parking sticker" defined; display required. A "resident parking sticker" shall be defined as a permit to park a motor vehicle upon the streets of the city in parking meter districts A, B and C. When a valid parking sticker is displayed upon a vehicle, that vehicle shall be exempt from the provisions of sections 25-327 and 25-328 which apply to parking meter districts A, B and C. (b) Permit issuance. A resident parking sticker shall only be issued to an individual who is occupying a housing unit as his principal abode. The housing unit must be located within parking meter districts A, B or C. No more than one (1) park- ing sticker shall be issued for each housing unit and shall be issued subject to the following conditions: (1) The place of residency of the applicant shall be verified by the chief of police. (2) Permits shall be issued only to vehicles bearing valid Iowa registration. (3) Permits shall be issued at the rate of one (1) per block in those blocks having ten (10) or fewer parking spaces and at the rate of two (2) per block in those blocks containing eleven (11) or more parking spaces. (4) In the case of multiple applications, the length of resi- dency shall be the determination factor and prefer- ence shall be given that applicant with the longest term of residency in the block. (c) Information on permit, manner of display. The resi- dent parking sticker shall indicate a control number, the loca- tion for which the sticker is valid, the expiration date and the license number of the vehicle for which it is issued. The block in which the resident parking sticker is valid shall be determined by the chief of police or his duly authorized rep- resentative in accordance with paragraph (b) (3) above. The resident parking sticker shall be placed in the upper portion of the rear window on the driver's side of the vehicle. Supp. No. 4 1612.6 § 25-328.1 MOTOR VEHICLES AND TRAFFIC § 25-328.1 (d) Noneligibility of businesses for permit. The resident parking sticker shall not be issued to any businesses, corpora- tions or organizations who maintain facilities in the meter districts. (e) Falsely obtaining permit. No person shall knowingly misrepresent or intentionally falsify any information which is required in order to obtain a resident parking sticker. (f) Permit limitation to authorized location. No person shall park a vehicle bearing a resident parking sticker in any area other than that indicated on the sticker, unless he has fulfilled the requirements of any and all parking ordinances applicable to that area. (g) Permit fee, revocation. The city manager is hereby authorized to set a fee for the issuance of the resident parking sticker. The sticker shall be sold on a quarterly basis and the cost shall be prorated to the nearest half month. The city manager shall have the authority to revoke the parking sticker of any person who fails to continue to meet the original is- suance requirements. In the event of revocation of a resident parking sticker, refund shall be made for any month re- maining wholly unused. (h) Violation; penalty. Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not ex- ceeding one hundred dollars ($100.00), and upon failure to pay said fine shall be imprisoned for a period not exceeding thirty (30) days. (Ord. No. 53-78, § 1, 9-5-78) Editor's note—Ord. No. 53-78, § 1, adopted Sept. 5, 1978, amended the Code by adding provisions designated as § 25-333; for purposes of classi- fication, the editor has redesignated said provisions as § 25-328.1. Supp. No. 4 1612.7 § 26-6 OFFENSES, MISCELLANEOUS 'PROVISIONS § 26-9 such false or fraudulent information if, at the time of the com- munication, the communicant explains the source of the in- formation and the details relevant thereto. (Ord. No. 78, § 31; Ord. No. 56-70, § 1, 10-5-70) Sec. 26-7. Use of bows and arrows, slingshots, etc. If any person within the corporate limits of this city has in his possession or uses any slingshot of any kind, or wil- fully or carelessly throws any stone, stick or other missile in such a manner as to hit, injure or endanger any person, or window or other property or if any person within the cor- porate limits of the city hunts with a bow and arrow, he shall be guilty of a misdemeanor. (Ord. No. 31-69, § 1, 7-7-69) Sec. 26-8. Prostitution, etc. (a) If any person, within the corporate limits of this city, keeps a bawdy house, brothel, house of ill -fame or of prostitu- tion, resorted to for the purpose of prostitution or lewdness, he shall be guilty of keeping a house of ill -fame, and shall be punished as provided in section 1-8 of this Code. (b) If any person, within the corporate limits of this city, for the purpose of prostitution or lewdness, resorts to, uses, occupies, inhabits, or is an inmate of any bawdy house, brothel house, house of ill -fame or place kept for such purpose, such person shall be guilty of being an inmate of a house of ill - fame, and shall be punished as provided in section 1-8 of this Code. (c) If any person, within the corporate limits of this city, frequents or is found in any bawdy house, brothel, house of ill -fame or prostitution, without having any lawful reason for being therein, such person shall be guilty of frequenting a house of ill -fame and shall be punished as provided in section 1-8 of this Code. (Ord. No. 15-58, §§ 1-3, 4-31-58) Sec. 26-9. Intoxication. If any person within the corporate limits of this city, becomes drunk or intoxicated, or is found in a state of intoxi- 1669 § 26-9 DUBUQUE CODE § 26-11 cation, he shall be guilty of drunkenness, and shall be punished as provided in section 1-8 of this Code. (Ord. No. 15-58, § 7, 4-31--58) Cross reference—Alcoholic beverages, Ch. 5. Sec. 26-10. Storage of dynamite restricted. (a) Except as otherwise provided in article III of this chapter, no person shall keep or store dynamite within the limits of the city nor shall any person keep or maintain a magazine or building for the storage of dynamite within the city. (b) Except as otherwise provided in article III of this chapter, no person shall keep, store or have in his possession any dynamite caps or gun powder within the city in quan- tities in excess of one hundred (100) dynamite caps and/or five (5) pounds of gun powder and no person shall maintain a magazine or building wherein is kept or stored dynamite caps or gun powder in excess of the quantities above stated. (Ord. No. 7-31, §§ 1, 2, 4-27-31) Cross reference—Fire prevention, Ch. 14. Sec. 26-11. Indecent exposure. (a) If any person, within the corporate limits of this city, appears in any public place, or exposes himself to public view, in a state of nudity, or in a dress not belonging to his or her sex, or in an indecent or lewd dress, or if any person makes any indecent exposure of his or her person, or is guilty of any other lewd or indecent act or conduct, he shall be guilty of indecent behavior. (b) If any person, within the corporate limits of this city, bathes, swims or washes in the Mississippi River, or in any other water course, pond or pool within the city limits, be- tween one hour before sunrise and one hour after sunset, being naked or insufficiently clothed to prevent an improper exposure of his person, he shall be guilty of indecent behavior. (Ord. No. 78, §§ 15.17) 1670 § 27-90 PARKS AND RECREATION § 27-91 Sec. 27-90. Chaplain Schmitt Memorial Island. The following described parcel of real estate commonly referred to as "Area C," "Hamm Island," and "City Island." shall be hereinafter known, called and named as "Chaplain Schmitt Me- morial Island." Those portions of Mineral Lots 294, 295, Lots 1 and 2 of 296, 297, 298, 299 and 300 and Government Lot 1, located in Sec- tions 17, 18, 19 and 20, Town 89 North, Range 3 East in the City of Dubuque, Dubuque County, Iowa, and bounded by Lake Peosta Channel and the Mississippi River. (Ord. No. 55-82, § 1, 10-11-82) Sec. 27-91. Four Mounds. The following described parcels of real estate shall be used for public park purposes and shall be hereinafter collectively known, called and named "Four Mounds." Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1, and Lot 1 of Lot 1 of Lot 2 of Lot 1. both of the Subdivision of: "Lot 1 of Lot 7 of the southwest one-quarter of Section 1, the southwest one-quarter of the northwest one-quarter of Section 1 and Government Lot 1 (or Mineral Lot 331) of Section 1, Township 89 North, Range 2 East of the fifth principal meridian." Lot 2 of the northwest one-quarter of the northwest one- quarter of Section 1, Township 89 North, Range 2 East of the fifth principal meridian, all in the City of Dubuque, Iowa, and Lot 16 of "John Deere Dubuque Tractor Works" in Dubuque Township, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of Section 2, both in Township 89 North, Range 2 East of the fifth princi- pal meridian, according to the United States Government Sur- vey and the recorded plats thereof, subject to easements of record. (Ord. No. 37-83, § 1, 7-18-83) Supp. No. 18 1759 [The next page is 1809] Chapter 35 TAXATION* Art. I. In General, §§ 35-1-35-5 Art. II. Property Taxes, §§ 35-6-35-20 Div. 1. Generally, §§ 35-6-35-10 Div. Exemptions, §§ 35-11-35-20 Art. III. 114- i and Motel Tax, §§ 35-21-35-23 ARTICLE I. IN GENERAL Secs. 35-1-35-5. Reserved. ARTICLE II. PROPERTY TAXES DIVISION 1. GENERALLY Sec. 35-6. Appointment of city assessor. The appointment of the city assessor shall be under the provisions of chapter 441 of the Code of Iowa. (Ord. No. 21-47, § 1, 7-25-47) State law reference—Authority to provide for city assessor, I.C.A. § 441.51. Sec. 35-7. Assessment procedures, etc. The assessment of property in the city shall be under the provisions of chapter 441 of the Code of Iowa. (Ord. No. 21-57, § 1, 7-25-47) Secs. 35-8-35-10. Reserved. *Editor's note—For purposes of classification, and to facilitate indexing and reference, the editor has redesignated former § 35-1 as § 35-7, former § 35-2 as § 35-11, and former § 35-16 as § 35-6 of a new Art. II of Ch. 35. Cross reference—Administration generally, Ch. 2. Supp. No. 16 2213 § 35-11 DUBUQUE CODE § 35-12 DIVISION 2. EXEMPTIONS Sec. 35-11. Reserved. Editor's note—Ord. No. 61-82, § 1, enacted Dec. 30, 1982, repealed § 35-11. Said Section provided for partial exemption for agricultural lands and derived from Ord. No. 6-54, § 3, enacted March 1, 1954. Sec. 35-12. Partial exemption for value added to industrial real estate by new construction and acquisition or improvement to certain machinery or equipment. (a) Scope; applicability. This section provides for a partial exemption from property taxation of the actual value added to the industrial real estate by the new construction of industrial real estate and the acquisition of or improvement to machinery and equipment assessed as real estate pursuant to section 427A.1, subsection (1), paragraph e, of the 1979 Code of Iowa[, conditioned as follows:] Supp. No. 16 2214 § 35-12 TAXATION § 35-12 (1) "New construction," as referred to herein, means new buildings and structures, and includes new buildings and structures which are constructed as additions to existing buildings and structures. "New construction" does not include reconstruction of an existing building or structure which does not constitute complete replacement of an existing building or structure or refitting of an existing building or structure, unless the reconstruction of an existing building or structure is required due to economic obsolescence and the reconstruction is necessary to implement recognized industry standards for the manufacturing and pro- cessing of specific products and the reconstruction is required for the owner of the building or structure to continue to competitively manufacture or process those products, which determination shall receive prior approval from the city council upon the recommendation of the Iowa Development Commis- sion. (2) The exemption shall also apply to new machinery and equipment assessed as real estate pursuant to section 427A.1, subsection (1), paragraph e, of the 1979 Code of Iowa, unless the machinery or equipment is part of the normal replacement or operating process to maintain or expand the existing operational status. (3) A property tax exemption under this section shall not be granted if the property for which the exemption is claimed has received any other property tax exemp- tion authorized by law. (b) Application, information to be provided; prior approv- al of new construction proposals. An application shall be filed for each project resulting in actual value added for which an exemption is claimed. The application for exemption shall be filed by the owner of the property with the local assessor by February first of the assessment year in which the value added is first assessed for taxation. Applications for exemption shall be made on forms prescribed by the director of revenue and shall contain Supp. No. 6 2215 § 35-12 DUBUQUE CODE § 35-12 information pertaining to the nature of the improvement, its cost and other information deemed necessary by the director of revenue. A person may submit a proposal to the city council to receive prior approval for eligibility for a tax exemption on new construction. The city council, by ordinance, may give its prior approval of a tax exemption for new construction if the new construction is in conformance with the zoning plans for the city. The prior approval shall also be subject to the hearing requirements of this section. Such prior approval shall not entitle the owner to exemption from taxation until the new construction has been completed and found to be qualified real estate. However, if the tax exemption for new construction is not approved, the person may submit an amended proposal to the city council to approve or reject. (c) Amount of exemption. The actual value added to industrial real estate for the reasons specified in this section is eligible to receive a partial exemption from taxation for a period of five (5) years. "Actual value added," as used in this section, means the actual value added as of the first of the year for which the exemption is received, except that "actual value added by improvements to machinery and equipment" means the actual value as determined by the assessor as of January first of each year for which the exemption is received. The amount of actual value added which is eligible to be exempt from taxation shall be as follows: (1) For the first year, seventy-five (75) percent. (2) For the second year, sixty (60) percent. (3) For the third year, forty-five (45) percent. (4) For the fourth year, thirty (30) percent. (5) For the fifth year, fifteen (15) percent. However, the granting of the exemption under this section for new construction constituting complete replacement of an existing building or structure shall not result in the assessed Supp. No. 6 2216 § 35-12 TAXATION § 35-21 value of the industrial real estate being reduced below the assessed value of the industrial real estate before the start of the new construction added. (d) Duration, repeal of exemption. The partial exemption shall be available until such time as this section is repealed by the city council. When, in the opinion of the city council, continuation of the exemption granted in this section ceases to be of benefit to the city, the city council may repeal this section, but all existing exemptions shall continue until their expiration. (Ord. No. 57-79, § 1, 9-17-79; Ord. No. 70-79, § 1, 11-19-79) Editor's note—Ord. No. 57-79, § 1, adopted Sept. 17, 1979, amended the Code by adding an Art. IV of Ch. 35, §§ 35-23-35-32. For purposes of classification, and at his discretion, the editor has redesignated said provisions § 35-12. Secs. 35-13-35-20. Reserved. ARTICLE III. HOTEL AND MOTEL TAX* Sec. 35-21. Definitions. [As used in this article, the following terms shall have the meanings indicated:] Hotel and motel shall be deemed to mean any hotel, motel, inn, public lodging house, rooming house or tourist court, or any place where sleeping accommodations are furnished to transient guests for rent, whether with or without meals, except the gross receipts from the renting of sleeping rooms in dormitories and in memorial unions of all state universities and colleges. *Editor's note—Ord. No. 3-79, § 1, adopted Jan. 2, 1979, amended the Code by adding provisions designated Art. III of Ch. 35, §§ 35-17-35-20. For the purpose of preserving Code format, and at his discretion, the editor has redesignated §§ 35-17, 35-18 and 35-20 as §§ 35-21-35-23 of Art. III of Ch. 35; provisions of § 35-19 relative to effective date, April 1, 1979, has been omitted from codification. Formerly, Art. III of Ch. 35, §§ 35-21, 35-22, consisted of §§ 1, 2 of Ord. No. 50-78, which ordinance authorized imposition of the five per cent hotel and motel tax effective April 1, 1979, was adopted Aug. 21, 1978, and was approved at referendum Nov. 7, 1978. Supp. No. 6 2217 § 35-21 DUBUQUE CODE § 35-23 Renting and rent shall include any kind of direct or indirect charge for any room, apartment or sleeping quarter in a hotel or motel as defined in this section. (Ord. No. 3-79, § 1, 1-2-79) Sec. 35-22. Levy. A tax is hereby imposed upon the gross receipts from the renting of any and all rooms, apartments or sleeping quarters in any hotel or motel as defined in section 35-21 at the rate of five (5) per cent of such gross receipts derived from the renting of a room, apartment or sleeping quarters while rented by the same person for a period of not more than thirty-one (31) consecutive days. (Ord. No. 3-79, § 1, 1-2-79) Sec. 35-23. Payment. Such tax shall be paid as is provided in Senate File 336, Acts of the 67th General Assembly, 2nd Session. (Ord. No. 3-79, § 1, 1-2-79) Supp. No. 6 2218 [The next page is 2253] § 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. 21 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—Twenty-four dollars and ninety-five cents ($24.95). 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—Twenty-four dollars and ninety-five cents ($24.95). 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. 21 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 rix (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—Twenty-four dollars and ninety-five cents ($24.95). 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. 21 2317 § 36-183 DUBUQUE CODE § 36-183 Installation charge—Twenty-four dollars and ninety-five cents ($24.95). 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. 21 2318 § 36-183 UTILITIES § 36-183 (1) Converter service --Basic service includes one nonaddressable converter; each additional nonaddressable converter will be charged atthe 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)—Ten dollars ($10.00). (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—Ten dollars ($10.00). (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 charge—Twenty-four dollars and ninety-five cents ($24.95). Equipment cost—Three dollars ($3.00). Monthly rate—Five dollars ($5.00). (w) Pay television service: Supp. No. 21 2319 § 36-183 DUBUQUE CODE § 36-183 Showtime: Installation charge—Twenty-four dollars and ninety-five cents ($24.95). Monthly rate—Nine dollars and ninety-five cents ($9.95). Home box office: Installation charge—Twenty-four dollars and ninety-five cents ($24.95). Monthly rate—Nine dollars and ninety-five cents ($9.95). Cinemax: Installation charge—Twenty-four dollars and ninety-five cents ($24.95). Monthly rate—Nine dollars and ninety-five cents ($9.95). Home theater network plus: Installation charge—Twenty-four dollars and ninety-five cents ($24.95). 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; Ord. No. 7-84, § 1, 2-21-84) Cross reference—Teleprompter Corporation of New York, franchise rates, App. B, § 8.4. Supp. No. 21 2320 CODE COMPARATIVE TABLF 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 1 192-6.1(b) 16-83 2 19' —6.2(b) 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 1 194'-6.3 24-83 5- 2-83 1, 2 25-2101b1 3 25-212(bX3) 25-83 5-16-83 1 36-190 26-83 5-16-83 1 36-83(a), (b), 28-83 6- 6-83 (1), (g), 0) 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, § 3-109.4(3), (4) Added App. A, 4-109.)C3) 32-83 6- 6-83 1 2219 33-83 6- 6-83 1 );4•40 34-83 6- 6-83 1 T•4)) Supp. No. 21 2987 Ord. No. DUBUQUE CODE Section Date Section this Code 35-83 7-18-83 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, 912-5-91/2-9, 91/2-12, 91/2-15-- 91/2-32 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 1 191/-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 111/2-45-11'/a-51 1-84 1-16-84 1 27-11 2-84 1-16-84 1 21-64(1) 3-84 2- 6-84 1 App. A, § 4-109.4(4) 2 App. A, § 4-109.6 7-84 2-21-84 1 36-183(a), (b), (f), (g), (o), (t), (v), (w) 8-84 3-12-84 1 36-161 9-84 3-12-84 1 36-56 10-84 3-12-84 1 7-35(a) 11-84 3-12-84 1 16-36 13-84 3-19-84 1 191/2-6.4 Supp. No. 21 2988 (The next page is 30011 CODE INDEX AMBULANCES—Cont'd. Section City -operated service Rates City manager's authority to adjust 18-54 Established 18-52 Mileage, computing 18-53 Service area limited 18-55 Services outside city 18-56 Definitions 18-16 Drivers Licenses. See within this title that subject Equipment and design 18-18 Inspections 18-19 Exemptions 18-44 False and fraudulent reports .. 26-6 Supp. No. 19 3006.1 CODE INDEX AMBULANCES—Cont'd. Section Inspections 18-19 Licenses Ambulance license Applications 18-29 Change of ownership, termination upon 18-35 Defacing, etc., official entry 18-33 Inspection of vehicles, equipment, etc. re 18-31 Insurance requirements 18-30 Investigation of applicant 18-32 Issuance in general 18-32 Issuance, prerequisites 18-31 Renewal 18-43 Required 18-28 Suspension, revocation 18-42 Transfer of 18-34 Attendant -driver's license Application 18-37 Defacing, altering 18-41 Investigation of applicant 18-38 Issuance 18-39 Qualifications of applicants 18-39 Renewal 18-43 Required for operation 18-36 Suspension, revocation 18-42 Transferability 18-40 Exemptions 18-44 Renewal 18-43 Services in existence on certain dates 18-45 Suspension, revocation 18-42 Records, keeping 18-20 Standards Equipment and design ______ 18-18 Generally 18-17 AMENDMENTS TO CODE Generally. 1-7 Code of ordinances. See that title AMPLIFIERS Noise control traffic provisions .____—____— 25-59 et seq. Traffic. See that title Prohibited noises, noise regulations, etc. 26-139 et seq. Noises. See that title AMUSEMENTS AND AMUSEMENT PLACES Billiards. See hereinbelow: Poolrooms and Billiard Parlors Supp. No. 17 3007 DUBUQUE CODE AMUSEMENTS AND AMUSEMENT PLACES—Cont'd. Section Bowling alleys . 6-43 et seq. Bowling alleys. See that title Circuses, carnivals and menageries . 6-58 et seq. Circuses, carnivals and menageries. See that title Dancing. See hereinbelow: Public Dances and Dance Halls Open air shows 6-75 et seq. Open air shows. See that title Poolrooms and billiard parlors 6-16 et seq. Poolrooms and billiard parlors. See that title Public dances and dance halls __ 6-90 et seq. Public dances and dance halls. See that title Roller skating rinks 6-145 et seq. Roller skating rinks. See that title Shooting galleries 6-114 et seq. Shooting galleries. See that title Theaters and halls 6-128 et seq. Theaters and halls. See that title ANIMALS AND FOWL Baby chickens, rabbits, ducklings, etc. Sale, borrowing, giving away, etc. 7-1 Dead animals Notification to police or health officer 7-48 Dogs and cats City manager's authority . 7-20 Confinement Authorized re rabid animals 7-46 Female dogs in heat 7-19 Impoundment provisions. See within this subtitle: Im- poundment Definitions 7-16 Emergency, proclamation of re rabies Prohibited actions 7-50 Fees. See within this subtitle specific subjects Female dogs in season 7-19 Fire department's service charge for retrieval or extrica- tion of dog or cat 14-26 Harboring vicious dog or cat 7-17 Impoundment Disposition of unredeemed dogs or cats 7-24 Fees .. 7-23 Generally 7-21 Notice to owners of licensed dogs or cats 7-22 Redemption 7-23 Inspection; consent implied from application and receipt 7-41 Supp. No. 17 3008 CODE INDEX ANIMALS AND FOWL—Cont'd. Section License Application 7-32 Cats Expiration; renewal 7-36 License fee 7-35 Delinquent 7-36 Consent implied from application and receipt 7-41 Dogs Expiration; renewal 7-34 License fee 7-33 Delinquent 7-34 Duplicate license fee 7-40 Issuance 7-37 Office designated 7-31 Tags Attached, to be 7-39 Not transferable 7-38 Notices Dead animals; notification to police or health officer 7-48 Health officer, to; reporting rabies 7-47 Nuisances 7-18 Female dogs in heat 7-19 Parks, in 27-51 Quarantine re rabies control 7-46 Rabies control Confinement authorized 7-46 Harboring known rabid dog, cat or other domestic animal Punishment for 7-49 Notification to police or health officer of dead animals 7-48 Prohibited actions after mayor's proclamation of emergency 7-50 Reporting rabies Notice to health officer 7-47 Vaccination required 7-45 Running at large Confinement authorized re rabies control 7-46 Female dogs in heat 7-19 Prohibited actions after mayor's proclamation of emergency 7-50 Tags to be attached 7-39 Tags. See within this subtitle: License Vaccinations 7-45 Veterinarians Confinement authorized 7-46(a) Reporting rabies 7-47(b) Vicious dog or cat, harboring 7-17 Explosives, etc., discharged near horses 33-1 Housing standards 20-1 et seq. Housing. See that title Supp. No. 19 3009 DUBUQUE CODE ANIMALS AND FOWL—Cont'd. Section Impoundment. See within this title: Dogs and Cats Interfering with park animals 27-56 Leading, driving carts, horses, etc., through streets 33-2(3) Licenses. See within this title: Dogs and Cats Livestock Restrictions on keeping in city 7-2 Running at large 7-3 Park regulations 27-50, 27-51, 27-56 Parks and recreation. See that title Prohibited noise, noise regulations, etc. 26-139 et seq. Noises. See that title Rabies control. See within this title: Dogs and Cats Rat control 24-78 et seq. Rat control. See that title Running at large Animals in general 7-3 Dogs and cats. See hereinabove that subject Impoundment. See within this title: Dogs and Cats Storage of animal food restricted 24-85 Rat control. See that title Vaccinations. See within this title: Dogs and Cats Waste water discharge prohibitions 36-71(a) Water and sewers. See that title ANNEXATIONS Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code APPOINTIVE PERSONNEL. See: Officers and Em- ployees APPROPRIATIONS Annual appropriation ordinance 2-24 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code ARSENIC Specific waste water pollutant limitations 36-71(d) Water and sewers. See that title ARTERIAL HIGHWAYS Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordi- nance of this code Supp. No. 19 3010 CODE INDEX ASHES Section Waste water discharge prohibitions 36-71(a) Water and sewers. See that title ASPHALT RESIDUES Waste water discharge prohibitions 36-71(a) Water and sewers. See that title ASSAULT AND BATTERY Fighting 26-2 ASSEMBLIES Assembling for purpose of intimidation 26-31 Collecting or gathering on sidewalk, etc. 33-2(4) Disturbing assemblages 26-3 Lawful, peaceful assemblies Provisions construed in reference to 26-32 Open air shows 6-75 et seq. Open air shows. See that title Parks; gatherings or groups 27-67, 27-68 Parks and recreation. See that title Permits required 26-19 Public dances and dance halls 6-90 et seq. Public dances and dance halls. See that title Riot, assembling for purpose of 26-30 ASSESSMENTS General special assessment fund 2-6 Finances in general. See: Finances Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Property assessments in general 35-1 Taxation. See that title Snow and ice removal assessments __ 33-85 Special assessment accounts ___ 2-164 ASSOCIATIONS Person defined re _____________—_ 1-2 ATOMIC BOMB WARFARE Emergency location for city government 2-5 Emergency succession in office _______________ 2-199 et seq. Emergency succession. See that title ATTORNEYS City solicitor City solicitor. See that title Supp. No. 19 3010.1 2-141 et seq. CODE INDEX CONDEMNATION ORDERS, PROCEEDINGS, ETC. Section Housing 20-24 Housing. See that title Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordi- nance of this code CONDEMNED BUILDINGS 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 ordi- nance of this code Powers and duties manager 2-106 et seq. CONVALESCENT HOMES City -operated ambulance rates 18-52 COPPER Specific waste water pollutant limitations 36-71(d) Water and sewers. See that title 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 7-2 Animals and fowl. See that title COUNCIL. See City Council COUNTY Defined 1-2 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 Waste water discharge violations Judicial review for 36-75(c) Water and sewers. See that title Supp. No. 19 3027 DUBUQUE CODE COWS, CATTLE, ETC. Section 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 CRYSTAL GAZERS Fortunetellers' license requirements 24-46 et seq. CURBS AND DRIVEWAYS Construction 33-25 et seq. Streets and sidewalks. See that title CYANIDE Specific waste water pollutant limitations 36-71(d) Water and sewers. 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 ANIMALS Rabies control regulations re dogs and cats Notification to police or health officer 7-48 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 Supp. No. 19 3028 CODE INDEX ICE HARBOR Section Powerboat operation in 91/2.27 Boats, boating and waterfront structures. See also that title Prohibited activities 91/2-30 ICE SKATING Areas where prohibited 91/2-30 ILL FAME, HOUSE OF Prostitution or lewdness 26.8 INCINERATORS Burning or incinerating garbage and trash; sale of incinerators 17-1 et seq. Garbage and trash. See that title INDECENCY AND OBSCENITY Indecent exposure 26-11 Lewd places 26-8 Prostitution. See that title Parks; indecent language; indecent exposure 27-47,.27.48 Parks and recreation. See that title INDUSTRIAL DEVELOPMENT Property tax exemption 35-12 Taxation. See that title INDUSTRIAL PROJECTS Industrial revenue bonds Financing fee 111/2x127 Investigation fee 111/2-126 INDUSTRIAL WASTE WATER PRETREATMENT PROGRAM Generally 36-70 et seq. Water and sewers. See that title INFLAMMABLES Waste water discharge prohibitions 36-71(a) Water and sewers. See that title INOCULATION Rabies control regulations 7-45 et seq. INSECT AND RODENT CONTROL Housing 20-1 et seq. Housing. See that title INTERSECTIONS Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Traffic. See that title Supp. No. 19 3051 DUBUQUE CODE INTERSTATE COMMERCE Section Peddlers' provisions 28-22 Peddlers, canvassers and solicitors. See that title INTOXICATING LIQUOR Alcoholic beverage regulations 5-1 et seq. Alcoholic beverages. See that title INTOXICATION Public drunkenness IOWA, STATE OF. See: State 26-9 IRON Specific waste water pollutant limitations 36-71(d) Water and sewers. See that title ITINERANT MERCHANTS Peddlers' regulations 28-1 et seq. Peddlers, canvassers and solicitors. See that title J JACKSON PARK HISTORIC PRESERVATION DISTRICT Provisions re 19'/2-6.3 Historic districts. See: Historical Preservation JACOB BRAKE Prohibited noise, noise regulations, etc. 26-139 et seq. Noises. See that title JOINT AUTHORITY Word usage for interpreting code 1-2 JOINT COUNTY -MUNICIPAL ADMINISTRATION Created, etc. 11-16 et seq. Civil defense. See that title JUNK DEALERS, SECONDHAND DEALERS AND PAWNBROKERS Construction tools Required notice upon receipt of 22-4 Definitions 22-1 Fencing requirements 22-5 Items governed by provisions 22-4 Licenses Fees Exemption for certain businesses 22-18 Required 22-17 Suspension, revocation 22-19 Minors, dealing with 22-3 Supp. No. 19 3052 CODE INDEX LICENSES AND PERMITS—Cont'd. Section Open air shows 6-75 et seq. Open air shows. See that title Parks and recreation 27-68 et seq. Parks and recreation. See that title Peddlers' licenses 28-17 et seq. Peddlers, canvassers and solicitors. See that title Plumbers' licenses and examinations, etc. 30-76 et seq. Plumbing. See that title Plumbing permits 30-54 et seq. Plumbing. See that title Poolrooms 6-29 et seq. Poolrooms and billiard parlors. See that title Private disposal systems 36-43 et seq. Water and sewers. See that title Private garbage collector's license 17-39 et seq. Garbage and trash. See that title Private landfill sites 17-75 et seq. Garbage and trash. See that title Public dances and dance halls 6-90 et seq. Public dances and dance halls. See that title Rat control 24-78 et seq. Rat control. See that title Registration of electricians 13-82 Electricity. See that title Rooming houses, hotels and motels, permits 20-159 et seq. Service station licenses 14-55 et seq. Gasoline service stations and tank trucks. See that title Sewage disposal Private haulers; permit requirement 36-53 Sewers and sewage disposal. See: Water and Sewers Shooting galleries 6-114 et seq. Shooting galleries. See that title Sign permits, licenses and bonds 3-64 et seq. Advertising. See that title Slaughterhouses and meat -packing plants 16-60 et seq. Slaughterhouses and meat -packing plants. See that title Street and sidewalk excavation permits 33-62 et seq. Streets and sidewalks. See that title Swimming pool permits 10-34 et seq. Taxicabs 38-31 et seq. Vehicles for hire (taxicabs). See that title Theaters and halls 6-128 et seq. Theaters and halls. See that title Transient merchants 28-17 et seq. Peddlers, canvassers and solicitors. See that title Supp. No. 19 3057 DUBUQUE CODE LICENSES AND PERMITS—Cont'd. Section Tree trimmer's license 37-23 et seq. Trees and shrubbery. See that title Vehicles for hire (taxicabs) 38-31 et seq. Vehicles for hire (taxicabs). See that title Waste water discharge permits 36-73, 36-74 Water and sewers. See that title Weights and measures 24-98 et seq. Weights and measures. See that title LIGHT Housing standards 20-1 et seq. Housing. See that title LIGHTING REFLECTORS Erection 3-56 LIME Waste water discharge prohibitions re spent lime 36-71(a) Water and sewers. See that title LIQUIDATION SALES Going -out -of -business sales regulations 24-60 et seq. Going -out -of -business sales. See that title LIQUOR Alcoholic beverage regulations 5-1 et seq. Alcoholic beverages. See that title LITTERING Handbill distribution prohibitions 3-20 Unlawful deposits in parks 27-45 Unlawful deposits in waterways 91/2-16 LIVESTOCK Maintaining in city 7-2 Animals in general. See: Animals and Fowl LOADING AND UNLOADING Prohibited noise, noise regulations, etc. , ... 26-139 et seq. Noises. See that title LODGINGHOUSES Miscellaneous business regulations 24-3(2) Smoking in 14-9 LOTS Livestock keeping restrictions 7-2 Animals and fowl. See that title Subdivision lots 34-90 et seq. Supp. No. 19 3058 CODE INDEX ORGANIZED LABOR Section Assembling for purpose of intimidation 26-31 OUTDOOR ADVERTISING Advertising regulations in general 3-1 et seq. Advertising. See that title OUTDOOR BURNING Garbage and trash 17-1 OUTDOOR LIGHTING Electrical requirements 13-14 OUTDOOR THEATERS Open air shows 6-75 et seq. Open air shows. See that title OXYGEN DEMANDING POLLUTANTS Waste water discharge prohibitions 36-71(a) Water and sewers. See that title P PAINT Housing provisions 20-1 et seq. Housing. See that title PALMISTRY Fortunetellers' license requirements 24-46 et seq. PAPER, WASTE Waste water discharge prohibitions 36-71(a) Water and sewers. See that title PARADES Circus parades 6-63 PARK SUPERINTENDENT Emergency succession in office 2-199 et seq. Emergency succession. See that title PARKING Motor vehicle parking in general 25-256 et seq. Traffic. See that title No parking areas on riverfront property areas 91/2-29 PARKING LOTS Airport parking lots 4-12 et seq. Airports and aircraft. See that title Municipal parking lots 25-304 et seq. Traffic. See that title Supp. No. 19 3065 DUBUQUE CODE PARKING METERS Airport parking lots, parking meters 4-12 et seq. Airports and aircraft. See that title Regulations 25-321 et seq. Traffic. See that title PARKINGS Display of advertising material on 3-1 PARKS AND RECREATION Advertising, distribution, display or broadcast of . 27-60 Alcoholic beverages Consumption or use of 27-49 Animals and fowl Dogs, cats or other domestic animals permitted; running at large prohibited; impoundment and redemption by owner 27-51 Horse-drawn vehicles and riding of animals restricted 27-50 Interfering with, teasing, killing, trapping, disturbing or feed- ing birds or other fowl, animals or fish; robbing, injuring or destroying bird's nests 27-56 Benches, seats and tables, permission required to move 27-64 Bicycles; use of, authority to prohibit 27-67 Bluffs, loosening stones from and rolling or throwing same down the face of 27-70 Buildings Group gatherings, reservation of buildings for 27-68(bl Roofs, climbing on to 27-63 Chaplain Schmitt Memorial Island Named 27-90 Closing parks, park and recreation facilities, park roadways and parking lots, authority for 27-74 Concession stands Sales of refreshments and other articles from permitted 27-61 Damaging, injuring or defacing park property, facilities or other features Cutting plants or shrubs or defacing trees, shrubs or plants; exceptions 27-53 Prohibited generally 27-52 Walking on grass 27-54 Definitions 27-46 Director Appointment; term of office 27-34 Office created; responsibilities generally 27-33 Disorderly conduct 27-47 Dogs, cats or other domestic animals Permitted in parks; running at large prohibited; impound- ment and redemption by owner 27-51 Supp. No. 19 3066 CODE INDEX PARKS AND RECREATION—Cont'd. Section Eagle Point park Hours of operation and closing Motor vehicles, entry after 10:00 p.m. prohibited; excep- tions 27-75 E. B. Lyons Forest Preserve and Nature Center Description; placed under control and management of park and recreation commission 27-88 Employees of park Interfering with; solicitations by salesmen or agents 27-65 Fences, climbing on, damaging, tampering with, standing or sitting on 27-63 Firearms and weapons Carrying, shooting or discharging within park or parkway prohibited 27-62 Fires 27-69 Fireworks, carrying, shooting or discharging prohibited 27-62 Flora Park Description; placed under control and management of park and recreation commission; certain rights reserved 27-89 Four Mounds Park 27-91 Supp. No. 19 3066.1 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. 21 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 Rangers 27-11 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. 21 3068 CODE INDEX PAWNBROKERS Section Junk dealers, secondhand dealers and pawnbrokers 22-1 et seq. Junk dealers, secondhand dealers and pawnbrokers. See that title PEDDLERS, CANVASSERS AND SOLICITORS Definitions 28-1 Exemptions 28-5 Food sales restricted 28-3 Food vehicles, sanitation 28-4 Interstate commerce fee regulations 28-22 Licenses Applications 28-18 Exhibiting upon request required 28-25 Fees 28-21 Exemption from 28-27 Milk and bakery peddlers 28-26 Procedures when fees are contended to be undue burden on interstate commerce 28-22 Investigation of applicant 28-19 Fees 28-18 Issuance 28-19 Milk and bakery peddlers 28-26 Notice to police upon loss 28-24 Permanence of business is in doubt Special agreement with merchants 28-20 Personal nature 28-23 Required 28-17 Special agreements 28-20 Transferability 28-23 Milk and bakery peddlers exempted from certain provi- sions 28-26 Park personnel, solicitation of 27-65 Parks and recreation. See that title Prohibited noise, noise regulations, etc. 26-139 et seq. Noises. See that title Temporary stands or vehicles Peddling restricted 28-2 PEDESTRIANS Traffic regulations 25-236 et seq. Traffic. See that title PENALTIES Fines, forfeitures and penalties. See that title General penalty 1-8 Code of ordinances. See that title Supp. No. 19 3069 DUBUQUE CODE PENS Section Livestock keeping restrictions 7-2 Animals and fowl. See that title PENSIONS Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code PERCHLORATES Waste water discharge prohibitions 36-71(a) Water and sewers. See that title PEROXIDES Waste water discharge prohibitions 36-71(a) Water and sewers. See that title PERSON Defined 1-2 PERSONAL PROPERTY Defined 1-2 Property in general. See: Property PERSONNEL Appointivepersonnel. See: Officers and Employees PEST CONTROL Housing responsibilities 20-128 Housing. See that title Rat control 24-78 et seq. Rat control. See that title PHENOLS Specific waste water pollutant limitations 36-71(d) Water and sewers. See that title PETROLEUM PRODUCTS Gasoline service stations, tank vehicles and storage tanks 14-47 et seq. Gasoline and gasoline service stations, tank vehicles and storage tanks. See that title Waste water discharge prohibitions 36-71(a), (d) Water and sewers. See that title PHOTOGRAPH ORDERTAKERS Peddlers' regulations Peddlers, canvassers and solicitors. See that title PHRENOLOGY Fortunetellers' license requirements 24-46 et seq. Supp. No. 19 3070 CODE INDEX POWERBOATS Section Water operation rules 91/2-27 Boats, boating and waterfront structures. See that title PREJUDICE AND DISCRIMINATION Human relations provisions 21-1 et seq. PROCESS. See: Writs, Warrants and Other Processes PROCESSING, INDUSTRIAL Industrial waste water pretreatment program 36-70 et seq. Water and sewers. See that title PROCLAMATION Emergency powers of mayor 2-84 Mayor's emergency proclamations, obedience 11-1 Civil defense. See that title PROFESSIONS Occupational license requirements in general 24-1 et seq. Licenses and permits. See that title PROJECTING SIGNS Construction 3-53 PROPERTY Acquisition, condemnation, dedication, etc. Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting or- dinance of this code Damaging, defacing Generally 26-15 Grade stakes, etc., removing 26-16 Public park property 27-52 et seq. Parks and recreation. See that title Trees, plants, shrubs, flowers 26-17 Supp. No. 19 3072.1 CODE INDEX PROPERTY—Cont'd. Section Depositing garbage and trash on 17-17 Garbage and trash. See also that title General definitions for interpreting code 1-2 Grade stakes, removing 26-16 Officers to transfer property to successors 2-74 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordi- nance of this code Taxation; property taxes 35-6 et seq. Taxation. See that title Trees, plants, shrubs, flowers Destruction of 26-17 PROSTITUTION Bawdy house, brothel, house of ill fame, etc. Resorting to, keeping, other offenses regarding 26-8 PUBLIC ADDRESS SYSTEM Prohibited noise, noise regulations, etc. 26-139 et seq. Noises. See that title PUBLIC ASSEMBLIES. See: Assemblies PUBLIC DANCES AND DANCE HALLS Admission fee policy 6-101 Cleanliness of premises 6-99 Closing hours 6-100 Conduct of patrons 6-99 Definitions 6-90 Exemptions 6-102 Floor space, computing 6-93 Licenses Annual license fees 6-92 Disposition of fees 6-95 License year 6-95 Posting 6-97 Required 6-91 Pass -out or return checks prohibited 6-101 Passageways, obstructing 6-99 Patrons allowed to participate in all dances for one ticket 6-101 Police officer required to be employed, etc. 6-96 Supervisory and enforcement authority 6-96 Special permits Fees, disposition of fees, etc. 6-Q4 et seq. Persons giving occasional dances 6-94 Vacation of premises 6-99 Supp. No. 15 3073 DUBUQUE CODE PUBLIC INDECENCY. See: Indecency and Obscenity Section PUBLIC LIBRARIES. See: Library PUBLIC LODGING HOUSES Smoking in 14-9 PUBLIC PLACES, PUBLIC WAYS Street defined to include _____ 1-2 Streets in general. See: Streets and Sidewalks PUBLIC RECORDS Books and records open to inspection by public 2-72 Officers to transfer to successors 2-74 Publication, custodian, etc. Duties of clerk ____ 2-117 et seq. Receipts, records, etc. 2-161 City clerk. See that title Record of opinions and actions of city solicitor 2-145 PUBLIC THEATERS Smoking in 14-9 PUBLIC WORKS ACCOUNT CLERK Emergency succession in office Emergency succession. See that title PUBLIC WORKS AND IMPROVEMENTS Director of public works Appointment 2-171 Office created 2-169 Qualifications 2-170 Responsibilities 2-169 Term of office 2-171 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Planning and zoning commission powers 29-20 Planning and zoning commission. See that title Special districts Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Subdivision standards and specifications 34-57 et seq. PURCHASING Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code 2-199 et seq. Supp. No. 15 3074 CODE INDEX SWIMMING POOLS Section Construction 10-36 Definitions 10-33 Fencing requirements 10-37 Location 10-38 Permits Fees 10-35 Required 10-34 SWINE Animals at large, etc. 7-2 Animals in general. See: Animals and Fowl T TABLE MOUND TOWNSHIP Airport located in, name of Airports and aircraft. See that title 4-1 TAGS Animal and fowl regulations re dogs and cats 7-38, 7-39 TANK VEHICLES Gasoline service stations and tank vehicles 14-46 et seq. Gasoline service stations, etc. See that title TAR Waste water discharge prohibitions 36-71(a) Water and sewers. See that title TATTOOING Definitions 18-2(a) Prohibited 18-2(b) Exceptions 18-2(c) Violations, penalty 18-2(d) TAXATION Assessment of property 35-7 City assessor. See within this title: Property Taxes General special assessment fund 2-6 Finances in general. See: Finances Hotel and motel tax Definitions 35-21 Levy 35-22 Payment 35-23 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordi- nance of this code Property taxes Assessment procedures 35-7 Supp. No. 19 3087 DUBUQUE CODE TAXATION—Cont'd. Section City assessor Appointment 35-6 Exemption Industrial real estate New construction and acquisition or improvement of ma- chinery or equipment Partial exemption 35-12 TAXICABS Generally 38-16 et seq. Vehicles for hire (taxicabs). See that title TELEVISION Cable services delivery franchise (Appendix B). See that title Cable television 36-181 et seq. Cable television. See that title TENEMENTS Definitions for interpreting code 1-2 TENSE Word usage for interpreting code 1-2 TENT SHOWS Open air shows 6-75 et seq. Open air shows. See that title THEATERS AND HALLS Adult entertainment establishments App. A Zoning. See that title Compliance with state and city regulations 6-131 Exemptions 6-132 Licenses Fees 6-129 Proration 6-130 Required 6-128 Open air shows 6-75 et seq. Open air shows. See that title Smoking in 14-9 THROUGH STREETS Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordi- nance of this code THROWING STONES, ETC. Parks, in 27-55 Parks and recreation. See that title TIME Computing time for interpreting code 1-2 Supp. No. 19 3088 CODE INDEX TISSUES Section Waste water discharge prohibitions 36-71(a) Water and sewers. See that title TOBOGGANING Coasting areas 33-11 et seq. TORNADOES, ETC. Emergency location for city government 2-5 TOLUENE Waste water discharge prohibitions 36-71(a), (d) Water and sewers. See that title TOWN CLOCK PLAZA Roller skates, skateboards, bicycles or other wheeled recreational vehicles, use on 25-245 Traffic. See that title TOXIC WASTES Industrial waste water pretreatment program 36-70 et seq. Water and sewers. See that title TRADES Occupational license requirement in general 24-1 et seq. Licenses and permits. See that title TRAFFIC Accidents Cleaning up wrecks 25-156 Damage to vehicles only, duty re 25-44 Fixtures on highway Duty of driver upon striking 25-47 Information and aid Duty of driver to give 25-45 Reports required 25-43 Unattended vehicle Duty upon striking 25-46 Administration 25-16 et seq. Advertising vehicles Operation 25-189 Parking 25-268 Alley Defined 25-2 Parking restrictions. See within this title: Parking, Stopping and Standing Ambulances. See also that title Authorized emergency vehicles. See within this title that subject Angle parking. See within this title: Parking, Stopping and Standing Supp. No. 19 3088.1 DUBUQUE CODE TRAFFIC—Cont'd. Section Animals or animal -drawn vehicles Applicability 25-3 Control of vehicle in vicinity 25-221 Traffic defined in reference to 25-2 Applicability 25-3 Arrests. See hereinbelow: Violations Arterial streets Snow removal operations. See within this title that subject Supp. No. 19 3088.2 7-