Supplement No. 26 - Code of Ordinances - September 2017Copyrighted
September 18, 2017
City of Dubuque Consent Items # 10.
ITEM TITLE: Code of Ordinances - Adoption of Supplement No. 26
SUMMARY: City Clerk recommending adoption of Supplement No. 26
to the City of Dubuque Code of Ordinances.
RESOLUTION Adopting Supplement No. 26 to the Code
of Ordinances of the City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Code Supplement 26 Staff Memo Staff Memo
Code Supplement 26 Resolution Resolutions
Code Supplement 26 Supporting Documentation
THE CITY OF
DUB
Masterpiece on the Mississippi
TO: Honorable Mayor and City Council Members
FROM: Kevin S. Firnstahl, City Clerk
SUBJECT: Adoption of Supplement No. 22 to the Code of Ordinances
DATE: September 13, 2016
INTRODUCTION
Dubuque
2007 • 2012 • 2013
The purpose of this memorandum is to submit to City Council a resolution adopting
Supplement No. 26 to the Code of Ordinances of the City of Dubuque.
DISCUSSION
The attached resolution provides for the adoption of Supplement No. 26 to the City of
Dubuque Code of Ordinances, which codifies Ordinance Nos.17-17, 23-17, 24-17,
27-17 through 34-17 and 36-17 as adopted by the City Council through August 2017.
Supplements to the Code of Ordinances are prepared by Sterling Codifiers, Inc., of
Coeur d'Alene, Idaho.
ACTION STEP
The requested action is for the City Council to pass the resolution adopting Supplement
No. 26 as a part of the Code of Ordinances of the City of Dubuque.
/ksf
Prepared by Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121
Return to: Kevin Firnstahl, City Clerk. Address: City Hall- 50 W. 13th St Telephone: 589-4121
RESOLUTION NO. 319-17
ADOPTING SUPPLEMENT NO. 26 TO THE CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA
Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance
No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its
entirety; and
Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the Code of Ordinances and said amendments
have been printed as supplements to the Code of Ordinances; and
Whereas, Section 380.8 of the Code of Iowa provides that supplements, by
resolution, become part of the Code of Ordinances.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 26 to the City of Dubuque Code of Ordinances,
which codifies Ordinance Nos. 17-17, 23-17, 24-17, 27-17 through 34-17 and 36-17 as
adopted by the City Council through August 2017, prepared by the Sterling Codifiers,
Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa is hereby
adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa.
Passed, approved and adopted this 18th day of September 20,E 7.
Attest:
Key 'n% . `Firnstali(, Cit Clerk
LI
Roy D. Buol, Mayor
STERLING CODIFIERS
INSTRUCTION SHEET:.
REMOVE PAGE HEADED
3906 Schreiber Way
Coeur d'Alene, ID 83815
(208) 665-7193
DUBUQUE, Iowa,.
Supplement No.. 26/August, 2017
Includes Ordinances: 17-17; 23-17, 24-17, 27-17, 28-17, 29-17,
30-17, 31-17, 32-17, 33-17,.34-17 and 36-17
REC. E i ,QED
- '17 SEP '5 AM 9: 42
VOLUME 1
Preface
TABLE OF CONTENTS:
Table Of Contents, Title 1, Administration
and following two pages
TITLE 1:
1-6A-3, 1-6A-3: Types Of Meetings
and following page
TITLE 6;
6-4-1, Chapter 4, Nuisances
and following page
TITLE 7:
Title 7, Police, Fire And Public -Safety
7-5A-1, Chapter 5, Article A. General
7-5A-7, b, Has a gang affiliation; or
and following four pages
7-5A-16, 6. Compliance With State And Local
7-6B-1, Chapter 6, Article B. Dogs And Cats
and following twelve pages
TITLE 9:
9-7, Chapter 7, Operation
and following page
9-14-321.721, Block Face; Shall refer to all
and following three pages
TITLE 10:
10-5B-1, Chapter 5, Article B. Use Regulations
and following six pages
10-5C-1, the subdivision of Lot 1 of 1 of 1 of
and following page
10-7-1, Chapter 7, Boats, Boating And
and following two pages
INSERT NEW PAGE HEADED
Preface
Table Of Contents, Title 1, Administration
and following two pages
1-6A-3, 1-6A-3: Types Of Meetings
and following page'
6-4-1, Chapter 4, Nuisances
and following page
Title 7, Police, Fire And Public Safety
7-5A-1, Chapter 5, Article A. General
7-5A-7, b. Has a gang affiliation; or
and following three pages
7-5A-16, 6. Compliance With State And Local
7-6B-1, Chapter 6, Article B. Dogs And Cats
and following fifteen pages
9-7, Chapter 7, Operation
and following two pages
9-14-321.721, Block Face: All the properties
and following three pages
10-5B-1, Chapter 5, Article B. Use Regulations
and following seven pages
10-5C-1, the subdivision of Lot 1 of 1 of 1 of
and following page
10-7-1, Chapter 7, Boats, Boating And
and following two pages
REMOVE PAGE HEADED
INSERT NEW PAGE HEADED
TABLE OF CONTENTS:
Table Of Contents, Title 1, Administration
and following two pages
TITLE 13:
13-6A-1, Chapter 6, Article A. City Or Private
and following page
TITLE 14:
14-1A-6, f. Two (2) representatives must have
and following page
14-1D-3, 4. Attendance
14-1F-4, B. Membership: The e mechanical
and following page
14.-1 H-7, b. Five (5)members who possess
and following page
14-1J-2, 6. Licensed Rental Units
14-1 J-7, H. Limitations On Authority (Board
and following page
14-4-1, Chapter 4, Licensing Of -Vacant
14-4-1, G. Open to vagrants, van'dals, children
INDEX:
TA-, Airport (cont.)
and following two pages
-M-, Motor Vehicles And Traffic..., Obedience
-0-, Offenses
and following two pages
Table Of Contents, Title 1, Administration
and following two pages
13-6A-1, Chapter 6, Article A. City Or Private
and following two pages
14-1A-6, f. Two (2) representatives must have
and following page
14-1D-3, 4. Attendance.
14-1F-4, B. Membership: The Mechanical
and following page
14-1H-7, b. Five (5) members who possess
and following page
14-1J-2,; 6 Licensed Rental Units
and following page
14-1J-7, H. Limitations On Authority (Board
and following page
14-4-1, Chapter 4, Licensing Of Vacant
14-4-1, G Open to Vagrants, vandals, children
-A-, Airport (Cont.)
and following two pages
-M-, Motor Vehicles And Traffic..., Obedience
-0-, Offenses
and following two pages
PREFACE
This City Code of the City of Dubuque, as supple-
mented, contains ordinances up to and including
ordinance 36-17, passed July 17, 2017. Ordi-
nances of the City adopted after said ordinance
supersede the provisions of this City Code to the
extent that they are in conflict or inconsistent
therewith. Consult the City office in order to
ascertain whether any particular provision of the
Code has been amended, superseded or
repealed.
Sterling Codifiers
Coeur d'Alene, Idaho
August 2017
City of Dubuque
TABLE OF CONTENTS
TITLE 1
Administration
Dubuque City Code 1
Saving Clause 2
Definitions 3
General Penalty 4
Charter 5
Mayor And City Council 6
Rules And Procedure 6A
City Officers And Employees 7
Elections, Precincts And Wards 8
Evidentiary Hearings By
City Council 9
Miscellaneous Administrative
Provisions 10
Emergency Succession During
Disaster 11
TITLE 2
Boards And Commissions
Hearings And Appeals 1
Civil Service Commission 2
Investment Oversight Advisory
Commission 3
Civic Center Advisory
Commission 4
Housing Agency And Community
Development Commissions 5
Municipal Housing Agency And
Governing Board (Rep. by Ord.
26-09, 6-1-2009) 5A
Housing Commission 5B
Community Development
Advisory Commission 5C
Trust Fund Advisory
Committee 5D
Resilient Community Advisory
Commission 6
Board Of Library Trustees 7
Arts And Cultural Affairs
Advisory Commission 8
Sister City Relationships
Advisory Commission 9
Safe Community Advisory
Committee (Rep. by Ord.
65-12, 12-17-2012) 10
Cable Television Commission 11
TITLE 3
Revenue And Taxation
Property Tax 1
Revitalization Areas 2
Hotel And Motel Tax 3
Economic Development 4
Industrial Projects 4A
Enterprise Zone Commission
(Rep. by Ord. 43-14,
6-7-2014) 4B
Speculative Shell Buildings
Of Community Development
Organizations And For Profit
Entities 4C
Residential Relocation
Assistance Program 4D
TITLE 4
Business And License Regulations
Business Licenses Generally 1
Liquor Control 2
Alcoholic Beverages 2A
Liquor, Beer And Wine
Licenses And Permits 2B
Excursion Boat Admission Fees 3
Central Market 4
Solicitor's License 5
Pawnbrokers And Secondhand
Dealers; Junk And Auto
Salvage Dealers 6
Pawnbrokers And Second-
hand Dealers 6A
Junk Dealers And Auto
Salvage Dealers 6B
August 2017
City of Dubuque
TITLE 4 (cont.)
Vehicles For Hire And Public
Transportation
Nonmotorized Vehicles
Motorized Vehicles For Hire ..
Adult Entertainment Establish-
ments
Offenses 5
General Offenses 5A
Drug Paraphernalia 5B
7 Crime Property 5C
7A Parental Responsibility 5D
7B Social Host Responsibility 5E
Animal Control 6
8 Miscellaneous Provisions 6A
Dogs And Cats 6B
Rabies Control 6C
Dangerous Animals 6D
Potentially Vicious Dogs 6E
Vicious Dogs And Cats 6F
Bicycles 7
TITLE 5
Transit System
Transit Advisory Board 1
TITLE 6
Health, Housing, Sanitation
And Environment
Health And Safety Regulations .. 1
Food Establishments And Hotel
Sanitation 2
Ambulances 3
Nuisances 4
Noises 5
Housing Regulations (Rep. by
Ord. 8-16, 4-4-2016,
eff. 7-1-2016) 6
Hazardous Waste, Substances
And Conditions 7
Trees And Weeds 8
Fire Prevention Regulations 9
TITLE 7
Police, Fire And Public Safety
Police Department 1
Fire Department 2
Emergency Management 3
Alarm System Permits 4
August 2017
TITLE 8
Human Rights
Definitions; General Provisions 1
Human Rights Commission 2
Unfair And Discriminatory
Practices 3
Disability Discrimination 3A
Enforcement Of Civil Rights 4
Fair Housing 5
TITLE 9
Motor Vehicles And Traffic
General Provisions 1
Registration, Certification Of
Title, And Proof Of Security
Against Financial Liability 2
Special Antitheft Law 3
Drivers' Licenses 4
Obedience To And Effect Of
Traffic Laws 5
Powers Of Local Authorities 6
Operation 7
Pedestrians' Rights And Duties 8
Special Stops Required 9
City of Dubuque
TITLE 9 (cont)
Miscellaneous Rules 10
School Buses 11
Equipment 12
Size, Weight And Load 13
Parking 14
Impoundment Of Vehicles 15
Miscellaneous City Provisions 16
TITLE 10
Public Ways And Property
Streets, Sidewalks And Other
Public Places 1
Excavations 2
Encroachments On Public Places 3
Waste Collection Receptacles 3A
Newsracks 3B
Projecting Signs 3C
Other Encroachments 3D
Sidewalk Cafes 3E
Mailboxes 3F
Parades, Assemblies And
Special Events 4
Parks And Recreation 5
Administration 5A
Use Regulations 5B
Specific Parks, Open Spaces
And Trails 5C
Railroads 6
Boats, Boating And Waterfront
Structures 7
Valet Drop Off Parking;
Permit Requirements 8
TITLE 11
Rights -Of -Way
Nonfranchised Communications
Systems 1
Cable Right -Of -Way Regulations 2
Cable Communications 2A
Open Video Systems 2B
Cable Television 3
Cable Franchise Agreement .. 3A
Community Teleprogramming
Commission (Rep. by
Ord. 5-12, 2-6-2012) 3B
Cable Regulatory Commission
(Rep. by Ord. 5-12, 2-6-2012) 3C
Rates And General
Regulations 3D
Cable Services Customer
Service Standards 3E
Gas Franchise 4
Electric Franchises 5
Interstate Power And Light
Company 5A
Maquoketa Valley Electric
Cooperative 5B
Procedure For Licensing
Electric Transmission
Line Companies 6
TITLE 12
Airport
Administration And Enforcement 1
General Regulations 2
Airport Zoning Regulations 3
Airport Commission 4
Airport Zoning Commission 5
Airport Zoning Board Of
Adjustment 6
TITLE 13
Public Utilities
Water Use And Service 1
Connections 1A
Water Meters 1B
August 2017
City of Dubuque
TITLE 13 (cont.)
Rates
Cross Connection Control
Sewers And Sewage Disposal
Discharge Regulations
Private Disposal Systems;
Private Haulers
Rates
Industrial Pretreatment
Program
Fats, Oils And Greases
(FOG) Program
Gas Main Connections
Stormwater Management
Illicit Connections And
Discharges To Storm Sewer
System 5
Solid Waste 6
City Or Private Collection
Service 6A
Historic Preservation (Rep. by
Ord. 52-09, 10-19-2009) 6
1C Condominium Conversions And
1D Transfers To Multiple
. 2 Housing Cooperative 7
2A Exterior Storage Containers
And Storage Trailers 8
2B Swimming Pools 9
2C Signs (Rep. by Ord. 52-09,
10-19-2009) 10
2D Flood Areas 11
Erosion And Sediment Control 12
2E Solar Thermal Licenses 13
3 Solar Thermal System Permits
4 And Inspections 14
Water 15
TITLE 14
Building And Development
Building Codes 1
Building Code And Regulations . 1A
Residential Code 1B
Energy Conservation Code . 1C
Electrical Code 1D
Fire Code And Regulations . 1E
Mechanical Code 1F
Fuel Gas Code 1G
Plumbing Code 1H
Accessibility Code For Readily
Achievable Changes 11
Property Maintenance Code ... 1J
Building Construction, Demoli-
tion And Moving
Dangerous Buildings
Licensing Of Vacant And/Or
Abandoned Buildings
Historic Buildings
August 2017
TITLE 15
Planning And Zoning
Comprehensive Plan 1
Long Range Planning Advisory
Commission 2
TITLE 16
Unified Development Code
PART I. GENERAL PROVISIONS
Title, Purpose And General
Provisions 1
Definitions 2
PART II. LAND USE REGULATIONS
Land Use General Provisions .. 3
Nonconformities 4
2 Zoning Districts 5
3 Overlay Districts 6
Supplemental Use Regulations . 7
4 Zoning Board Of Adjustment
5 Applications And Procedures .. 8
City of Dubuque
TITLE 16 (cont.)
Zoning Advisory Commission
Applications And Procedures . . . . 9
Historic Preservation Commission
Applications And Procedures . . . 10
PART III. LAND DEVELOPMENT
REGULATIONS
Land Subdivision 11
Site Plans 12
Site Design Standards 13
Parking 14
Signs 15
INDEX
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City of Dubuque
August 2017
1-6A-3
1-6A-3: TYPES OF MEETINGS:
1-6A-3
A. Regular Meetings: Regular meetings of the Council must be held on
the first and third Mondays of each month. However, when the first
or third Monday falls upon any of the following City holidays, such
meeting must be held on the next succeeding day:
New Year's Day
Martin Luther King's Birthday
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
Unless otherwise indicated in the notice of meeting, regular meetings
will commence at six o'clock (6:00) P.M.
B. Special Meetings: Special meetings may be called by the Mayor or
by a majority of the members of the City Council. The call for a
special meeting shall be filed with the City Clerk in written form,
except that announcement of a special meeting during any regular
meeting shall be sufficient notice of such special meeting. The call
for a special meeting shall specify the day, the hour, and the location
of the special meeting and shall list the subject or subjects to be
considered.
C. Recessed Meetings: Any meeting of the City Council may be
recessed to a later date and time; provided, that no recess shall be
for a longer period than until the next regular meeting.
D. Work Sessions: The City Council may meet informally in work
sessions (open to the public), at the call of the Mayor or of any four
(4) members of the City Council, to review forthcoming programs of
the City, receive progress reports on current programs or projects, or
receive other similar information from the City Manager.
E. Rescheduling Of Regular Meetings: A regular meeting of the Council
may be rescheduled by the Mayor or by a majority of the members of
the City Council. The request to reschedule a regular meeting may
be filed in written form with the City Clerk and approved during any
August 2017
City of Dubuque
1-6A-3 1-6A-4
regular meeting of the Council a minimum of thirty (30) days in
advance of the rescheduled meeting. The public notice for a
rescheduled regular meeting shall specify the time, date, and place
of the meeting, and tentative agenda for the meeting. (Ord. 17-17,
5-1-2017)
1-6A-4: RECORDS:
A. Preparation: Immediately after each regular or special meeting of the
Council, the City Clerk shall prepare a complete record of the pro-
ceedings of such meeting, which shall contain in full the motions and
resolutions offered or adopted, and all other action taken, or pro-
ceedings had at such meeting.
B. Printing: The City Clerk shall cause a condensed record of such
proceedings to be published in the official papers. The City Clerk
shall also have the complete record printed on good paper with
pages of uniform size suitable for binding in permanent form, which
pages shall be numbered consecutively.
C. Monthly Record: Before the first meeting in each month, the City
Clerk shall have printed proceedings of all meetings held during the
previous month, bound together in pamphlet form, and shall furnish
copies of the same to the Mayor and members of the Council and to
such other officers as the Council may direct. At the first regular
meeting in each month, the record of the proceedings included in
such pamphlet shall be read, unless such reading shall be dispensed
with by the Council. If objection to any part of the record is raised by
a member of the Council, the same, if found to be incorrect, shall be
corrected, and when the record is correct, the same shall, by motion,
be approved. When the record has been so approved, the printed
record of each meeting contained in said pamphlet shall be signed
by the Mayor and attested by the City Clerk, and shall then become
the official record of the proceedings contained therein.
D. Permanent Binding: After the last day of December of each year, the
City Clerk shall have the printed pamphlets, which constitute the
official record for the preceding twelve (12) months, bound together
in book form, together with a complete index by subjects of the
contents thereof, and when so bound said book shall constitute the
permanent official record for the year, and the same shall be filed
and kept in the Office of the City Clerk. (2007 Code § 2-33.10)
August 2017
City of Dubuque
(
1-6A-5 1-6A-6
1-6A-5: ATTENDANCE OF MEDIA AT COUNCIL MEETINGS: All
meetings of the City Council shall be open to the media,
freely subject to recording by radio, television and photographic services at
any time; provided, that such arrangements do not interfere with the orderly
conduct of the meetings. (2007 Code § 2-34)
1-6A-6: PRESIDING OFFICER:
A. Presiding Officer: The Mayor shall preside as the presiding officer at
all meetings of the City Council. In the absence of the Mayor, the
Mayor Pro Tem shall preside. In the absence of both the Mayor and
the Mayor Pro Tem, the City Council shall elect a presiding officer.
1. The Mayor Pro Tem shall sit to the immediate right of the Mayor.
2. While the Mayor is putting the question, no member shall walk
across or out of the council room.
3. While a member is speaking, no member shall entertain private
discourse.
City of Dubuque
August 2017
6-4-1 6-4-2
CHAPTER 4
NUISANCES
SECTION:
6-4-1: Purpose
6-4-2: Definitions
6-4-3: Public Nuisance Defined; Public Nuisances Enumerated
6-4-4: Public Nuisances Prohibited; Authority To Abate
6-4-5: Abatement Remedies; Penalties
6-4-6: Emergency Abatement Procedure
6-4-1: PURPOSE: The purpose of this chapter is to protect the
health, safety, and general welfare of the community. These
provisions are intended to aid in the control and elimination of activity which
interferes with an owner's reasonable use and enjoyment of the owner's
property or interferes with public rights such as free passage along streams
and highways and enjoyment of public parks and places of recreation and
to be secure from fire, safety hazards and other health hazards throughout
the community. (2007 Code § 23-40)
6-4-2: DEFINITIONS: As used in this chapter, the following defini-
tions shall apply:
ABANDONED
BUILDING:
Any building or portion thereof which has stood
with an incomplete exterior shell for six (6)
months or longer which meets one (1) or more
of the following criteria:
A. Is unsecured;
B. Is unoccupied; or
C. Is in violation of the International Property
Maintenance Code, International Building Code,
or International Fire Code adopted by the City
of Dubuque.
City of Dubuque
August 2017
6-4-2
CITY MANAGER:
COMPOST PILE:
DANGEROUS
BUILDING OR
STRUCTURE:
HAZARDOUS WASTE:
JUNK OR SALVAGE
MATERIAL:
NOXIOUS
SUBSTANCES:
OWNER:
August 2017
6-4-2
Includes the City Manager's designee.
A collection of yard waste and kitchen food
wastes, but specifically excluding bones, meat,
fat, grease, oil, raw dog or cat manure, which
collection in nonmanufactured composting units
is screened from the street view, is located in a
confined area, is no taller than five feet (5') high
and no larger than seventy five (75) square feet
in area, is located more than twenty feet (20')
from any habitable structure on adjoining prop-
erty and at least three feet (3') from a property
boundary line, is located more than five feet (5')
from any wood structure, excluding fences and
compost containers, is not located in a natural
drainageway and is not located in the area
between any building and the street right-of-way
and is collected for reuse as a soil amendment
and is maintained free of noxious odors.
Any building or structure defined in this Code as
unsafe or dangerous.
Those wastes defined in chapter 455B, Code of
Iowa, as amended, and the Iowa Administrative
Code, as amended.
Any discarded or salvaged building material or
fixture; any obsolete or inoperable machinery
and/or equipment or parts thereof; any wood,
metal, plastic or composite pieces remaining
outside of a legal structure for more than forty
eight (48) hours.
Substances, solid or fluid, which are offensive,
detrimental to health, hurtful or dangerous,
including, but not limited to, any dead animal or
portion thereof, and human or animal excre-
ment.
The record owner of real property, and any per-
son having a property interest in the property,
including legal or equitable interests.
City of Dubuque
6-4-2 6-4-2
PROPERTY: Both real and personal property.
RESPONSIBLE PARTY: Any person having ownership, possession, or
control of real or personal property, including,
but not limited to, any one (1) or more of the
following:
SOLID WASTE:
YARD WASTE:
A. An agent;
B. An assignee or collector of rents;
C. A contract seller or contract purchaser;
D. The holder of a deed to the property;
E. A mortgagee or vendee in possession;
F. A receiver, executor, administrator or trustee;
G. Lessee and lessor; or
H. Any other person, firm, partnership, corpora-
tion or entity exercising control over the prop-
erty.
Any waste that is putrescible, nonputrescible,
combustible or noncombustible, including, but
not limited to, trash, garbage, material resulting
from the handling, processing, storage, prepara-
tion, serving and consumption of food, vegeta-
ble or animal matter, offal, rubbish, ashes,
incinerator residue, street cleanings, construc-
tion debris and solid industrial waste.
The accumulation of grass, leaves, tree trim-
mings under three inches (3") in diameter, brush
and garden residue, which accumulation is
screened from the street view, is located in a
confined area, is no taller than four feet (4')
high and no larger than seventy five (75) square
feet in area, is located more than twenty feet
(20') from any habitable structure on adjoining
property, at least three feet (3') from a property
boundary line, is located more than five feet (5')
from any wood structure, excluding fences and
City of Dubuque
August 2017
6-4-2 6-4-3
compost containers, is not located in a natural
drainageway, is not located in the area between
any building and the street right-of-way, is
collected for reuse as a soil amendment, and is
maintained free of noxious odors. (Ord. 31-16,
6-20-2016, eff. 7-1-2016; amd. Ord. 32-17,
7-5-2017)
6-4-3: PUBLIC NUISANCE DEFINED; PUBLIC NUISANCES
ENUMERATED: Whatever is injurious to the public health or
safety or an obstruction to the free use of property so as to interfere with
the comfortable enjoyment of life or property by the public shall be deemed
a "public nuisance". A "public nuisance" shall include, but not be limited to,
the following: (2007 Code § 23-42)
A. Accumulations: Any yard waste, solid waste, vehicle parts, garbage,
noxious substances or hazardous wastes, junk, unused building
materials, salvage material or other offensive substances thrown, left
or deposited in or upon any street, avenue, alley, sidewalk, park,
public square, public enclosure, public or private lot, whether vacant
or occupied, or upon any pond or pool of water, except for: (Ord.
5-13, 2-18-2013)
1. Solid waste deposited and stored in accordance with provisions of
this Code;
2. A compost pile located or maintained in compliance with this
chapter;
3. Yard waste located or maintained in compliance with this chapter;
4. Junk or salvage materials properly stored in a junk or salvage
yard permitted under this Code;
5. The use of agricultural manure on crop producing agricultural land
or pasture; or
6. The safe accumulation of animal waste by commercial livestock
processing facilities.
B. Diseased Or Damaged Trees Or Plant Materials: Any dead, diseased
or damaged tree or plant material which may harbor serious insect or
disease pests or disease injurious to other trees or plant materials,
or any tree in such a state of deterioration that any part of such tree
is likely to fall and damage property or cause injury to persons.
August 2017
City of Dubuque
(
TITLE 7
POLICE, FIRE AND PUBLIC SAFETY
Subject Chapter
Police Department 1
Fire Department 2
Emergency Management 3
Alarm System Permits 4
Offenses 5
General Offenses 5A
Drug Paraphernalia 5B
Crime Property 5C
Parental Responsibility 5D
Social Host Responsibility 5E
Animal Control 6
Miscellaneous Provisions 6A
Dogs And Cats 6B
Rabies Control 6C
Dangerous Animals 6D
Potentially Vicious Dogs 6E
Vicious Dogs And Cats 6F
Bicycles 7
City of Dubuque
August 2017
7-5A-1 7-5A-1
SECTION:
7-5A- 1:
7-5A- 2:
7-5A- 3:
7-5A- 4:
7-5A- 5:
7-5A- 6:
7-5A- 7:
7-5A- 8:
7-5A- 9:
7-5A-10:
7-5A-11:
7-5A-12:
7-5A-13:
7-5A-14:
7-5A-15:
7-5A-16:
7-5A-17:
7-5A-18:
CHAPTER 5
OFFENSES
ARTICLE A. GENERAL OFFENSES
Disorderly Conduct
Offenses Relating To Officers And Employees
False And Fraudulent Reports
False Representation Of Records Or Processes
Advertising Materials; Billposting; Littering
Defacing Notices
Loitering For Illegal Purposes
Ringing Of Bells Or Gongs
Public Urination Or Defecation
Projectiles, Slingshots, Knuckles Of Metal Or Other Material,
Other Weapons, And Fireworks
Unauthorized Computer Access
Criminal Mischief
Professional Boxing Elimination Tournaments
Underage Persons Entering Gambling Facilities
Tobacco Products To Underage Persons
Hunting And Target Practice Permitted
Aggressive Panhandling Prohibited
Unlawful Assembly
7-5A-1: DISORDERLY CONDUCT: It shall be unlawful for any person
to do any of the following:
A. Fighting: Engage in fighting or violent behavior or invite or defy
another person to fight; provided, that participants in athletic
contests may engage in such conduct which is reasonably related to
that sport.
B. Noise, Disturbance: Make unusually loud or excessive noise which
results in the disturbance of the peace and the public quiet of a
neighborhood.
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C. Noise, Breach Of The Peace: Wilfully permit upon any premises
owned, occupied, possessed or controlled by such person any
unusually loud or excessive noise in such a manner calculated to
provoke a breach of the peace of others, or the public quiet of the
neighborhood.
D. Abusive Language: Direct abusive language or make any threatening
gesture which the person knows or reasonably should know is likely
to provoke a violent reaction by another.
E. Disturbing Lawful Assembly: Without lawful authority or order of
authority, disturb any lawful assembly or meeting of persons by
conduct intended to disrupt the meeting or assembly.
F. Disrespect To Flag: Publicly use or display the flag of the United
States in such a manner as to show disrespect for the flag as a
symbol of the United States.
G. Obstructing Streets: Without authority, obstruct any street, sidewalk,
highway or other public way.
H. Soliciting Contributions, Peddling On Roadways: Without authority,
solicit contributions, distribute literature, or otherwise peddle or sell
goods and services within the traveled portion of any roadway. (2007
Code § 33-1)
7-5A-2: OFFENSES RELATING TO OFFICERS AND EMPLOYEES:
A. Harassment Of City Employees:
1. It shall be unlawful for any person to wilfully prevent, resist or
obstruct or attempt to prevent, resist or obstruct any City employee
from the performance of any official duty.
2. It shall be unlawful for any person to communicate by any means,
any threat of bodily or property harm to any police officer, member of
the Fire Department or other City employee or to any member of
their family during the course of, or as a result of, the performance of
any official duty by said police officer, member of the Fire Depart-
ment or City employee in which the police officer, member of the Fire
Department, or City employee is identified as such. (2007 Code
§ 33-3)
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b. Has a gang affiliation; or
c. Is in a group of three (3) or more people in a public place
without the permission or authority of the adjacent property owner or
resident and repeatedly beckons to, stops, or attempts to stop or
engage passersby in unsolicited conversation; or repeatedly stops or
attempts to stop motor vehicles by yelling, hailing, waving of arms,
giving hand signals or other similar bodily gestures, or calling out
gang names; or
d. Is in a group of three (3) or more people for a period of time
longer than fifteen (15) minutes in a public place where disorderly
conduct is occurring or has recently occurred; or
e. Is making repeated exchanges of packages or money with
other persons who stop for short periods of time when none of the
parties to the exchange have a valid permit to engage in business or
solicitation; or
f. Evidences an intent to establish a public place as the territory
of a gang including the verbalization of gang names and/or the use
of hand signals known to be gang related. (2007 Code § 33-16)
7-5A-8: RINGING OF BELLS OR GONGS: It shall be unlawful for any
person within the corporate limits of this City to ring or sound
any bell, auction bell, gong, or similar device upon the streets or alleys
within the City so as to disturb the peace. (2007 Code § 33-2)
7-5A-9: PUBLIC URINATION OR DEFECATION: It shall be unlawful
for any person to urinate or defecate in or upon any public or
common property including, but not limited to, streets, alleys, sidewalks or
in any other place where the person could reasonably expect to be seen by
the public. This section shall not apply to private restrooms or public
facilities designated for such purpose. (Ord. 18-16, 5-16-2016)
7-5A-10: PROJECTILES, SLINGSHOTS, KNUCKLES OF METAL OR
OTHER MATERIAL, OTHER WEAPONS, AND FIRE-
WORKS:
A. Shooting Projectiles:
1. Prohibition: It shall be unlawful for any person within the corporate
limits of the City to willfully or carelessly throw, shoot, or launch any
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7-5A-10 7-5A-10
stone, stick, projectile, or other missile in such a manner as to hit,
injure, or endanger any person or property.
2. Deer Hunting Excepted: Nothing herein shall prohibit the hunting
with bow and arrow of deer by persons licensed by and during the
period of time authorized by the Iowa Department of Natural
Resources and issued a permit by the City in accordance with the
Deer Management Program adopted by the City Manager or City
Manager's designee.
B. Slingshots, Knuckles Of Metal Or Other Material, Air Gun, Spring -
Loaded Gun, Replica Firearms, And Other Weapons: It shall be
unlawful for any person to carry or conceal about their person any
slingshot, knuckles of metal or other material, air gun, spring loaded
gun, replica firearm represented as a real firearm, or any other
weapon other than a knife, when such weapon is represented to be
carried for the purpose of protection or use as a weapon.
C. Discharging Firearms And Fireworks:
1. Definition: The term "fireworks" includes any device, other than a
novelty or theatrical pyrotechnic article, intended to produce visible
and/or audible effects by combustion, deflagration, or detonation and
includes blank cartridges, firecrackers, torpedoes, skyrockets, roman
candles or other fireworks of like construction and fireworks contain-
ing any explosive or flammable compound, or other device contain-
ing any explosive substance. The term "fireworks" does not include
products defined as "novelties" including party poppers, snappers,
toy smoke devices, snakes, glow worms, wire sparklers, dipped
sticks, and toy caps.
2. Prohibition: No person shall discharge or fire any cannon, gun,
bomb, pistol, air gun, spring loaded gun, or other firearms or set off
or burn firecrackers, torpedoes, skyrockets, roman candles, or other
fireworks of like construction or any fireworks containing any
explosive or flammable compound, or other device containing any
explosive. Discharge or firing of air guns or spring loaded guns used
for training, recreational, or competitive events is allowed in
accordance with section 7-5A-16 of this article.
3. Fireworks Display Permit: The City Council may, upon application
in writing, grant a permit for the display and use of display fireworks
by any organization or groups of individuals when such fireworks dis-
play will be handled by a competent operator.
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4. Firing Range Permit: The City Council may, upon application in
writing, grant a permit for the operation of a firing range in which the
discharge of firearms for training, recreational or competitive events
would be allowed upon showing that the range would be under the
direction of a competent organization, group or individual.
5. Firearms Used To Control Rodent Or Animal Problems: In the
interest of public health and safety and at such times as approved by
the Chief of Police, the police or their designee may use firearms to
control rodent or animal problems when it is evident that conven-
tional control methods have not resolved the problem.
6. Blank Cartridge Use For Shows: Nothing herein shall be construed
to prohibit the use of blank cartridges for a show or the theater, or
for signal purposes in athletic sports or by railroads, or trucks, for
signal purposes, or by a recognized military organization; and pro-
vided further, that nothing in this subsection shall apply to any
substance or composition prepared and used for medicinal or
fumigation purposes.
7. Selling Fireworks Within Corporate City Limits: A person or entity
selling fireworks within the corporate City limits must provide the City
Fire Department with a copy of the seller's State -issued license to
sell fireworks and proof of insurance as required by State Code. A
fireworks seller must also display signage on the seller's premises
which states that the use of fireworks is prohibited within corporate
City limits. (Ord. 29-17, 7-5-2017)
7-5A-11: UNAUTHORIZED COMPUTER ACCESS: It shall be unlawful
for any person to knowingly and without authorization access
a computer, computer system or a computer network. (2007 Code § 33-12)
7-5A-12: CRIMINAL MISCHIEF: It shall be unlawful for any person to
damage, deface, alter or destroy any tangible property when
done intentionally by one who has no right to so act. (2007 Code § 33-13)
7-5A-13: PROFESSIONAL BOXING ELIMINATION TOURNAMENTS:
A. Definitions: For purposes of this section, the following terms shall
have the following meanings:
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ELIMINATION A boxing contest or exhibition in which contes-
TOURNAMENT: tants box one another, two (2) at a time, with
one (1) contestant being eliminated from the
tournament. This elimination continues, with
winners from the various bouts competing, until
only one (1) contestant remains undefeated in
the weight division.
PROFES-
SIONAL
BOXING:
A boxing contest or exhibition, open to the pub-
lic, for which any principal or contestant is paid.
B. Prohibition: No person shall promote, participate in, or allow
professional boxing that is part of an elimination tournament within
the City. (2007 Code § 33-14)
7-5A-14: UNDERAGE PERSONS ENTERING GAMBLING FACILI-
TIES:
A. Prohibition: It shall be unlawful for any person under the age of
twenty one (21) years to enter or attempt to enter a facility licensed
under Iowa Code to operate gambling games.
B. Persons Excepted: Subsection A of this section shall not apply to a
person under the age of twenty one (21) years who is:
1. An employee of the licensee or performing a contracted service
for the licensee at the facility;
2. A public official or employee while at the facility in the perform-
ance of such person's official duties;
3. A person going directly to or from an area at the facility
specifically designated for activities for persons under the age of
twenty one (21) years, if accompanied by a person over the age of
twenty one (21) years and if such person first contacts a
representative of the licensee.
C. Area Or Facility Exempted: Subsection A of this section shall not
apply to a facility or that portion of a facility licensed by the State for
pari-mutuel gaming. (2007 Code § 33-15)
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7-5A-15: TOBACCO PRODUCTS TO UNDERAGE PERSONS:
A. Restrictions:
1. A person shall not sell, give, or otherwise supply any tobacco,
tobacco products, alternative nicotine products, vapor products, or
cigarettes to any person under eighteen (18) years of age.
2. A person under eighteen (18) years of age shall not smoke, use,
possess, purchase, or attempt to purchase any tobacco, tobacco
products, alternative nicotine products, vapor products, or cigarettes.
3. Possession of tobacco, tobacco products, alternative nicotine
products, vapor products, or cigarettes by an individual under
eighteen (18) years of age does not constitute a violation under this
section if the individual under eighteen (18) years of age possesses
the tobacco, tobacco products, alternative nicotine products, vapor
products, or cigarettes as part of the individual's employment and
the individual is employed by a person who holds a valid permit
under the Iowa Code or who lawfully offers for sale or sells ciga-
rettes or tobacco products.
4. a. A person shall not be guilty of a violation of this section if
conduct that would otherwise constitute a violation is performed to
assess compliance with tobacco, tobacco products, alternative nico-
tine products, vapor products, or cigarette laws if any of the following
applies:
(1) The compliance effort is conducted by or under the super-
vision of law enforcement officers.
(2) The compliance effort is conducted with the advance
knowledge of law enforcement officers and reasonable
measures are adopted by those conducting the effort to
ensure that use of tobacco, tobacco products, alternative
nicotine products, vapor products, or cigarettes by individuals
under eighteen (18) years of age does not result from partici-
pation by any individual under eighteen (18) years of age in
the compliance effort.
b. For the purposes of this subsection, "law enforcement officer"
means a peace officer as defined in Iowa Code section 801.4 and
includes persons designated under this subsection to enforce this
section.
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B. Penalty:
1. a. A person, other than a retailer, who violates subsection Al of
this section, is guilty of a simple misdemeanor.
b. An employee of a retailer who violates subsection Al of this
section, commits a simple misdemeanor punishable as a scheduled
violation under Iowa Code section 805.8C.
2. A person who violates subsection A2 of this section, is subject to
the following, as applicable:
a. A civil penalty pursuant to Iowa Code section 805.8C.
b. For a first offense, performance of eight (8) hours of
community work requirements, unless waived by the court.
c. For a second offense, performance of twelve (12) hours of
community work requirements.
d. For a third or subsequent offense, performance of sixteen (16)
hours of community work requirements. (Ord. 17-16, 5-16-2016)
7-5A-16: HUNTING AND TARGET PRACTICE PERMITTED:
A. Shotgun Hunting:
1. Permit Issuance; Conditions: Subsections 7 -5A -10A and C of this
article notwithstanding, the City Manager may issue an annual permit
to a property owner for hunting within the corporate limits of the City
on the owner's property, if the City Manager determines that the
property meets the following conditions:
a. The property is zoned AG Agricultural;
b. The property is not Tess than ten (10) contiguous acres or
more in size; and
c. Allowing hunting on the property will not constitute a danger to
public safety.
2. Application: An application to allow hunting shall be filed with the
City Manager on a form provided by the City Manager. The applica-
tion must include the following information:
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r
7-5A-16 7-5A-16
ing:
a. The name, address and telephone number of the applicant;
b. The address where the hunting will take place;
c. A site plan shall be a dimension drawing showing the follow -
(1) North arrow;
(2) Property lines;
(3) Location of buildings on the subject property and dimen-
sions; and
(4) Location of buildings on adjacent property, public streets,
recreational trails or public waters.
Falsification of information on an application is grounds for denial or
revocation of a permit.
3. Approval Or Rejection; Permit Term: The City Manager shall, upon
consideration of the application and the information required herein,
approve or reject the application. A permit is valid for a period of one
(1) year from the date thereof.
4. Nonrefundable Fee: At the time of filing the application, the appli-
cant shall pay to the City a nonrefundable permit fee established by
the City Manager.
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7-5A-16 7-5A-16
6. Compliance With State And Local Laws: A person engaged in
target practice must comply with all State and local laws, rules,
regulations and ordinances governing target practice.
7. Firearms Limited: The only firearm authorized for target practice is
a shotgun with shot ammunition size 4-9. The use of slugs, rifles,
pistols, deer slugs, and black powder rifles and all other firearms or
other weapons is prohibited.
8. Notify Police Prior To Target Practice: The permittee shall notify
police dispatch at the Dubuque Law Enforcement Center, on the day
on which target practice will occur and prior to the commencement of
any target practice, of the location where the target practice will
occur.
9. Approved Times: Target practice will be allowed from one-half (1/2)
hour before sunrise to one-half (1/2) hour after sunset.
10. Discharging Shotgun: A person engaged in target practice shall
not discharge a shotgun in the direction of any person, livestock,
building, public street, recreational trail or public waters.
11. Exception: An exception to these rules may be granted if
approved through a City of Dubuque special events permit. (Ord.
55-13, 12-16-2013)
C. Bow And Arrow Hunting:
1. Permitted: Bow and arrow hunting will be allowed within City limits
in accordance with the Deer Management Program adopted by the
City Manager or City Manager's designee.
2. Exception: An exception to these rules may be granted if
approved through a City of Dubuque special events permit. (Ord.
30-17, 7-5-2017)
D. Target Practice; Weapons Other Than Shotguns:
1. Allowed With Conditions: Target practice will be allowed under the
following conditions:
a. Weapons approved for target practice are limited to bow and
arrows and air guns;
b. No other weapons are approved for target practice;
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c. The property where the target practice will occur is not less
than three (3) contiguous acres or more in size;
d. Adjacent property may be used to meet the three (3) acre
minimum, with the written permission of the adjacent property owner;
e. The property owner agrees to be present to supervise target
practice on the owner's property;
f. Allowing target practice on the property will not constitute a
danger to public safety; and
g. There are no homes or businesses within one hundred fifty
feet (150').
2. Exception: An exception to these rules may be granted if
approved through a City of Dubuque special events permit. (Ord.
20-13, 4-1-2013)
7-5A-17: AGGRESSIVE PANHANDLING PROHIBITED:
A. Purpose:
1. The purpose of this section is to ensure unimpeded pedestrian
traffic flow, to maintain and protect the physical safety and well being
of pedestrians, and to otherwise foster a safe and harassment free
climate in public places in the City.
2. This section is not intended to limit any person from exercising
such person's constitutional right to solicit funds, picket, protest, or
engage in other constitutionally protected activity.
B. Definitions: As used in this section, the following terms shall have
the following meanings, unless the context clearly indicates that a
different meaning is intended:
AGGRESSIVE Panhandling which demonstrates a specific
PANHANDLING: intent to induce, solicit, or procure from another
goods or money which includes one (1) or more
of the following actions:
August 2017
1. The touching of the solicited person without
the solicited person's consent;
City of Dubuque
7-6B-1 7-6B-1
SECTION:
7-6B- 1:
7-6B- 2:
7-6B- 3:
7-6B- 4:
7-6B- 5:
7-6B- 6:
7-6B- 7:
7-6B- 8:
7-6B- 9:
7-6B-1 0:
7-6B-1:
AT LARGE:
CHAPTER 6
ANIMAL CONTROL
ARTICLE B. DOGS AND CATS
Definitions
Licensing; Tags And Fees
Keeping Domestic Animals On Unoccupied Residential
Property Or In Dangerous Buildings Prohibited
Harboring Vicious Dog Or Cat
Nuisance
Female Dogs In Season
Running At Large
Directing Dog With Malicious Intent
Use Of Dog In Illegal Activity Prohibited
Impoundment, Redemption And Disposition Of Unclaimed
Animals
DEFINITIONS: The following definitions shall apply in the
interpretation of this article:
Any dog, cat or livestock, fowl or ferret found off
the premises of the owner or keeper. A dog or
cat shall not be deemed at large if the dog or
cat is:
A. Attached to a leash of sufficient strength and
appropriate length to control the animal where
such leash is held by its owner or keeper; or
B. Restrained within an enclosed motor vehicle
or by crate or leash of sufficient strength and
appropriate length to keep the dog or cat within
the motor vehicle; or
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7-6B-1 7-6B-1
C. Housed in a licensed veterinarian's animal
hospital; or
D. Accompanied by the owner or keeper on the
premises of another with such person's consent
and restrained by an adequate protective fence
or by leash, cord, chain or other similar restraint
that does not allow the dog or cat to go beyond
such person's property line or to come into con-
tact with anyone outside such person's property
line.
CAT: Both male and female animals in the family
Felis catus whether neutered or not.
DOG:
Both male and female animals of the canine
species whether neutered or not, but not includ-
ing a law enforcement dog.
HEALTH CARE A person who is trained and licensed to give
PROVIDER: health care.
KEEPER:
KENNEL:
NEUTERED:
Any person other than the owner keeping,
sheltering, having control or custody of or
harboring an animal.
A place or establishment where dogs or cats
are kept or raised for the purpose of breeding,
boarding, racing at a licensed parimutuel track,
exchanged or offered for sale to the general
public and which are kept under constant
restraint.
A surgical procedure that has been performed
on a dog or a cat that renders it incapable of
siring or bearing offspring.
NUISANCE: A dog or cat shall be considered a nuisance if it:
August 2017
A. Damages, soils, defiles or defecates on pri-
vate property other than the owner's or keeper's
or on public walks and recreation areas unless
such waste is immediately removed and prop-
erly disposed of by the owner or keeper.
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7-6B-1 7-6B-2
B. Causes unsanitary, dangerous or offensive
conditions.
C. Causes a disturbance by excessive barking
or other noisemaking that can be heard from a
position in the public right-of-way.
D. Chases vehicles, or molests, attacks or
interferes with persons or other domestic
animals off the premises of the owner or
keeper.
OWNER: Any person owning a cat, dog, or other animal.
VICIOUS ANIMAL:
A vicious cat or dog is deemed so when it shall
have attacked or bitten any person on more
than one (1) occasion without provocation or
when an attack or bite results in serious bodily
injury. (Ord. 28-17, 6-5-2017)
7-6B-2: LICENSING; TAGS AND FEES:
A. License Required: No person shall keep a dog or cat in the City
unless such dog or cat is licensed by the City as provided in this
article. This section shall not apply to veterinary clinics and boarding
facilities.
B. Application For License: The owner or keeper shall make application
for a license with the City Manager. The application shall give the
name, physical address, date of birth or social security number of
the owner or keeper, the sex and description of the dog or cat, and if
known, its breed and age. In the event of a change of ownership, the
license holder shall notify the City Manager of such change. All dogs
and cats shall be licensed by not later than six (6) months of age. If
an animal is older than six (6) months of age, the dog or cat must be
licensed within thirty (30) days of ownership or residing in the City of
Dubuque, whichever is first.
C. Dogs:
1. License Fee; Neutering:
a. The license fee per calendar year, or fraction thereof, for a
dog license shall be as established by the City Manager.
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b. The applicant or licensee shall furnish written proof from a
licensed veterinarian that surgical procedures have been performed
that render either male or female dogs incapable of reproduction,
which may result in a reduced licensed fee.
2. Expiration; Renewal; Delinquent Fee: All dog licenses issued
under this subsection shall expire one (1) year from the date the
license was issued and shall become delinquent thirty (30) days after
the license anniversary date. A delinquent fee as established by the
City Manager, shall be added to the required license fee for each
delinquent dog license.
D. Cats:
1. License Fee; Neutering:
a. The license fee per calendar year, or fraction thereof, shall be
as established by the City Manager.
b. The applicant or licensee shall furnish written proof from a
licensed veterinarian that surgical procedures have been performed
that render either male or female cats incapable of reproduction,
which may result in a reduced licensed fee.
2. Expiration; Renewal; Delinquent Fees: All cat licenses issued
under this subsection shall expire one (1) year from the date the
license was purchased and shall become delinquent thirty (30) days
after the license anniversary date. A delinquent fee as established
by the City Manager shall be added to the required license fee for
each delinquent cat license.
E. Tags:
1. Tags Not Transferable: A license issued for any dog or cat shall
not be transferred to another dog or cat.
2. Tags Attached To Collar Or Harness: The owner or keeper of a
dog or cat, upon procurement of the license, shall securely attach
the license tag to a collar or harness and this collar or harness, with
the tag attached, shall at all times be kept on the dog or cat. Any
dog or cat found at large without a collar or harness with license tag
attached shall be deemed unlicensed and shall be impounded.
F. Fee For Duplicate License: The fee for a duplicate license for either
a dog or cat shall be as established by the City Manager.
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G. Consent Implied From Application And Receipt: The application for
and the receipt of a license as required in this section shall include
an implied consent by the owner or keeper to permit an inspection of
both real and personal property under the owner's or keeper's con-
trol for the purpose of carrying out the provisions of this article
relating to the harborage of vicious animals or to the control of
rabies outbreak or relating to the provisions of law relative to the
prohibition of cruelty to animals. (Ord. 28-17, 6-5-2017)
7-6B-3: KEEPING DOMESTIC ANIMALS ON UNOCCUPIED RESI-
DENTIAL PROPERTY OR IN DANGEROUS BUILDINGS
PROHIBITED: The owner or keeper of a dog or cat shall not keep or allow
the dog or cat to be kept on unoccupied property or in any building that
meets the definition of a dangerous building as set forth in section 14-3-2 of
this Code. For purposes of this provision, "unoccupied property" shall
include but is not limited to property that is not the primary residence of the
owner or keeper or any other occupant. (Ord. 28-17, 6-5-2017)
7-6B-4: HARBORING VICIOUS DOG OR CAT: It shall be unlawful
for any person or persons to harbor or keep a vicious dog or
cat within the City. The City may abate violations of this section with
penalties including, but not limited to, euthanization of the animal. (Ord.
28-17, 6-5-2017)
7-6B-5: NUISANCE: It shall be unlawful for any owner or keeper to
permit a dog or cat to commit a nuisance. (Ord. 76-08,
11-3-2008)
7-6B-6: FEMALE DOGS IN SEASON: It shall be unlawful for any
owner or keeper to allow a female dog in season to run at
large or to so confine such dog as to attract male dogs to the area and by
their presence cause a nuisance. (Ord. 76-08, 11-3-2008)
7-6B-7: RUNNING AT LARGE: It shall be unlawful for any owner or
keeper to permit or allow a dog, cat, ferret, livestock or fowl to
run at large. (Ord. 76-08, 11-3-2008)
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7-6B-8: DIRECTING DOG WITH MALICIOUS INTENT: No person
shall direct, encourage, cause, allow or otherwise aid or
assist any dog to threaten, charge at, intimidate, bite, harass, menace or
attack any person. (Ord. 76-08, 11-3-2008)
7-6B-9: USE OF DOG IN ILLEGAL ACTIVITY PROHIBITED: No
person shall keep, maintain, control or retain custody of any
dog in conjunction with, or for the purpose, whether in whole or in part, of
aiding, abetting or conducting illegal activity or committing any crime. (Ord.
76-08, 11-3-2008)
7-6B-10: IMPOUNDMENT, REDEMPTION AND DISPOSITION OF
UNCLAIMED ANIMALS:
A. Contract For Pound Or Shelter: The City Manager is hereby author-
ized to contract from year to year with any pound or animal shelter
as defined by section 162.2 of the Code of Iowa for carrying out the
provisions of this article including the collection, protection and
disposition of dogs, cats and other animals and the collection of fees
for licensing and care of seized and impounded dogs and cats.
B. Impoundment: Any unlicensed dog or cat except kennel dogs or cats
and any licensed dog or cat found at large shall be subject to seizure
and impoundment in a place provided by the City.
C. Notice To Owners Of Licensed Dogs Or Cats: Whenever any
licensed dog or cat has been seized or impounded pursuant to this
article, notice of such action shall be given as provided in this article.
D. Redemption:
1. Except as otherwise provided, the possession of any licensed dog
or cat seized or impounded pursuant to this article may be obtained
by the owner or keeper by paying an impoundment fee as estab-
lished by the City Manager, together with the separate daily fee for
keeping such dog or cat each day or fraction thereof during the time
that such dog or cat is impounded. Upon the second subsequent
impoundment of the same animal within three hundred sixty five
(365) days, an impoundment fee as established by the City Manager
shall be assessed together with the separate daily fee for keeping
such dog or cat each day or fraction thereof during the time which
said dog or cat is impounded.
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7-6B-10 7-6B-10
2. Upon proper identification the owner may redeem an unlicensed
dog or cat seized or impounded pursuant to this article after
licensing the animal or agreeing to purchase a license within ten (10)
working days. Failure to do so shall result in an additional fee as
established by the City Manager, added to the license fee.
E. Disposition Of Unredeemed Dogs:
1. Licensed Dog: If the owner or keeper of a licensed dog
impounded pursuant to this article does not redeem such animal
within seven (7) days after the mailing of the notice provided for in
this article, the license shall automatically be revoked and the animal
disposed of as directed by the City Manager.
2. Unlicensed Dog: Any unlicensed dog not redeemed by the owner
within three (3) days after it has been seized or impounded shall be
disposed of as directed by the City Manager.
F. Disposition Of Unredeemed Cats:
1. Licensed Cat: If the owner or keeper of a licensed cat impounded
pursuant to this article does not redeem such animal within five (5)
days after the mailing of the notice provided for in this article, the
license shall automatically be revoked and the animal disposed of as
directed by the City Manager.
2. Unlicensed Cat: Any unlicensed cat not redeemed by the owner
within three (3) days after it has been seized or impounded shall be
disposed of as directed by the City Manager. (Ord. 28-17, 6-5-2017)
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City of Dubuque
G,
7-6C-1 7-6C-1
CHAPTER 6
ANIMAL CONTROL
ARTICLE C. RABIES CONTROL
SECTION:
7-6C-1: Vaccination Required
7-6C-2: Confinement Authorized
7-6C-3: Reporting Rabies; Notice To City Manager
7-6C-4: Notification To Police Or City Manager Of Dead Animals
7-6C-5: Punishment For Harboring Known Rabid Dog, Cat Or Other
Domestic Animal
7-6C-6: Prohibited Actions After Mayor's Proclamation Of Emergency
7-6C-1: VACCINATION REQUIRED:
A. Dogs And Cats; Schedule: It shall be unlawful for the owner or
keeper of any domesticated species of dog or cat to keep or main-
tain such animal unless the dog or cat shall be vaccinated against
rabies by a licensed veterinarian with a vaccine approved by the
Iowa Department of Agriculture and administered in accordance with
the following schedule:
Class Of
Animal
Age At Primary
Vaccination
Booster'
Dogs 6 months 1 year later, triennially thereafter
Cats 6 months Annually or 1 year later, triennially
thereafter
Note:
1. Approved 3 year vaccine may be substituted.
B. Ferrets; Schedule: It shall be unlawful for the owner or keeper of any
ferret to keep or maintain such animal unless the ferret shall be
vaccinated against rabies by a licensed veterinarian with a vaccine
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7-6C-1 7-6C-2
licensed for the use in ferrets and administered in accordance with
the following schedule:
Class Of
Animal
Ferret
Age At Primary
Vaccination
6 months
Booster
Annually
C. Inactivated Nervous Tissue: Inactivated nervous tissue vaccine may
only be used in accordance with the rules of the Iowa State Depart-
ment of Agriculture.
D. Certificate Required: A copy of the official rabies vaccination certifi-
cate approved by the Iowa State Department of Agriculture shall be
a condition precedent to the issuance of any license authorized by
this article.
E. Veterinarian Furnish Copies: Each veterinarian within the City limits
shall forward to the City Manager by no later than the tenth of each
month a copy of each official rabies vaccination certificate, with the
owner's or keeper's address, issued by the veterinarian during the
preceding month. (Ord. 28-17, 6-5-2017)
7-6C-2: CONFINEMENT AUTHORIZED:
A. Animal Suspected Of Having Rabies: The owner or keeper of any
dog or cat or other animal which has contracted rabies, or which has
been subject to rabies, or which has bitten or caused skin abrasion
to any person shall produce and surrender up such dog, cat or other
animal to be held in confinement in a licensed veterinarian's animal
hospital under the supervision of a licensed veterinarian and in
quarantine for observation for a period of ten (10) days from the date
the bite occurred at the expense of the owner or keeper of the
animal.
B. Quarantine Of Animal Bitten By Rabid Animal: Any animal bitten or
attacked by any known rabid animal shall be quarantined under
direction of the Health Officer by being confined and in quarantine as
provided above for a minimum of ninety (90) days.
C. Application For Home Quarantine; Conditions: The owner or keeper
of any dog or cat or other animal which has bitten a person may
apply to the City Manager to have the animal released for the
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7-6C-2 7-6C-2
purpose of home quarantine. Home quarantine may be permitted at
the City Manager's sole discretion. If the City Manager allows home
confinement, all of the following conditions must be met, including
but not limited to:
1. The animal must have a current rabies vaccination. The vaccina-
tion certification must bear the description of the animal, the type of
vaccine used, the expiration of the vaccination, and the signature of
the veterinarian administering the vaccination.
2. The animal must have a current City license, if the animal is six
(6) months of age or older.
3. The animal must not have been running at large at the time of the
bite.
4. The animal has not previously bitten any person.
5. Prior to approval of home quarantine, the owner or keeper must
have the animal examined by a veterinarian, licensed in the State of
Iowa, who shall certify that the animal appears to be free of rabies or
any other zoonosis. Such examination and certification must be
repeated on the tenth day.
6. The owner or keeper must demonstrate to the satisfaction of the
City Manager that the owner or keeper has the proper facilities and
the ability to adequately and properly confine the animal to the
owner or keeper's home or property during the quarantine period.
7. The owner or keeper must agree to immediately notify the City
Manager of any changes in the animal's health or disposition, to
allow representatives of the City Manager to enter upon the property
and to examine the animal at any time and to immediately take the
animal to a licensed veterinarian for examination at any time when
directed by the City Manager.
8. The owner or keeper must agree to promptly pay all costs of
veterinarian examinations during the quarantine period.
9. The owner or keeper must further agree to immediately surrender
the animal at any time the City Manager determines that the home
quarantine should be terminated, or at any time that any provisions
or conditions of home quarantine are violated, in which event the
animal shall be put in the custody of a licensed veterinarian of the
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7-6C-2 7-6C-3
State of Iowa in the City of Dubuque for the remainder of the
quarantine period.
10. If the City Manager determines at any time that home confine-
ment is not appropriate for the animal, quarantine at a veterinary
hospital shall be ordered.
11. The person bitten, or, if a minor, the person's parent or guardian,
must sign an acknowledgment indicating that the person has been
advised of the risks of rabies, that if the animal disappears during
home quarantine, the person may have to undergo postexposure
rabies prophylaxis, and that the person does not object to home
quarantine. The acknowledgment shall also relieve the City of
Dubuque, its agents, officers, and employees from any liability if the
animal disappears during home quarantine.
12. The owner or keeper shall also execute an indemnity agreement
in favor of the City of Dubuque, which shall provide that the owner or
keeper shall save harmless, defend and indemnify the City of
Dubuque and its officers, agents and employees from any or all
claims of any kind arising out of the home quarantine.
13. The owner or keeper shall agree in writing that if the animal
disappears during the home quarantine, the owner or keeper shall
indemnify the person bitten for any and all medical expenses
incurred as a result of the disappearance of the animal. Acceptance
of any such payments by the person bitten shall not in any way
release the owner or keeper from any other liability the owner may
have to the person bitten by reason of the animal bite. It shall be the
sole responsibility of the person bitten, and not the responsibility of
the City, to enforce such agreement. This subsection shall not apply
if the person bitten is the owner or keeper of the animal or any
person residing with the owner or keeper.
D. Wild Animals: If an undomesticated or wild animal such as a skunk,
bat, fox, raccoon or other carnivore bites a person, whether or not
the animal's owner or keeper is known, the animal shall be humanely
destroyed and examined for rabies immediately. (Ord. 28-17,
6-5-2017)
7-6C-3: REPORTING RABIES; NOTICE TO CITY MANAGER:
A. It shall be the duty of the owner or keeper of any cat, dog or other
domesticated animal suspected of being rabid that has attacked,
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City of Dubuque
7-6C-3 7-6C-6
bitten or caused any skin abrasion upon any person to report such
incident to the City Manager.
B. It shall be the duty of the victim who has been attacked, bitten or
caused a skin abrasion by any cat, dog or other domesticated animal
suspected of being rabid to report such incident to the City Manager.
C. It shall be the duty of any health care provider or veterinarian
practice immediately to transmit information to the City Manager that
may come to such health care provider or veterinarian practice
through such health care provider's or veterinarian practice's
professional capacity with reference to any person having been
attacked, bitten or having skin abrasions by any dog, cat or other
domestic animal. (Ord. 28-17, 6-5-2017)
7-6C-4: NOTIFICATION TO POLICE OR CITY MANAGER OF
DEAD ANIMALS: Any person finding a dead dog or cat shall
at once notify the Police Department or the City Manager. (Ord. 76-08,
11-3-2008)
7-6C-5: PUNISHMENT FOR HARBORING KNOWN RABID DOG,
CAT OR OTHER DOMESTIC ANIMAL: Any person or
keeper 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 City Manager or police,
shall be punished as provided in section 1-4-1 of this Code. (Ord. 76-08,
11-3-2008)
7-6C-6: PROHIBITED ACTIONS AFTER MAYOR'S PROCLAMA-
TION OF EMERGENCY: When the Mayor, pursuant to reso-
lution 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 domesti-
cated animal found to be at large shall be deemed to be so with the
permission or at the sufferance of its owner or keeper.
B. It shall be unlawful for any person except the owner or keeper of a
dog, cat or other domestic animal, or the owner's or keeper's agent
to open any door or gate of any private premises for the purpose or
result of setting such animal at large.
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7-6C-6 7-6C-6
C. Any licensed or unlicensed dog, cat or other domestic animal found
at large shall be impounded by the City Manager or Police Depart-
ment. (Ord. 76-08, 11-3-2008)
August 2017
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7-6D-1 7-6D-1
SECTION:
7-6D-1:
7-6D-2:
7-6D-3:
7-6D-4:
7-6D-5:
7-6D-6:
7-6D-7:
CHAPTER 6
ANIMAL CONTROL
ARTICLE D. DANGEROUS ANIMALS
Definitions
Dogs, Cats Exempted
Keeping Of Dangerous Animals Restricted
Exceptions To Keeping And Licensing Restrictions
Regulations For Keeping
General Prohibition And Duty
Seizure, Impoundment And Disposition Of Dangerous Animals
7-6D-1: DEFINITIONS: Unless otherwise expressly stated or the con-
text clearly indicates a different intention, the following terms
shall, for the purpose of this article, have the meanings in this section:
CITY:
CITY MANAGER,
CHIEF OF POLICE,
AND CITY CLERK:
The City of Dubuque.
Those employees of the City of Dubuque duly
appointed and holding those positions.
DANGEROUS ANIMAL: A. Any animal which is not naturally tame or
gentle, and which is of a wild nature or disposi-
tion, and which is capable of killing, inflicting
serious injury upon, or causing disease among,
human beings or domestic animals and having
known tendencies as a species to do so;
B. Any animal(s) declared to be dangerous by
the City Manager or the City Manager's desig-
nee; or
C. The following animals which shall be deemed
to be dangerous animals per se:
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City of Dubuque
7-6D-1 7-6D-1
August 2017
1. Lions, tigers, jaguars, leopards, cougars,
lynx and bobcats;
2. Wolves, coyotes and foxes;
3. Badgers, wolverines, weasels, skunks and
mink;
4. Raccoons;
5. Bears;
6. All apes, baboons, macaques, monkeys
and chimpanzees;
7. Alligators and crocodiles;
8. Scorpions;
9. Snakes that are:
a. Any member of the family atractaspidae,
including but not limited to mole vipers and
burrowing asps.
b. Any member of the family elapidae,
voperidae, crotalidae, atractaspidae, or
hydrophidae which are venomous, including but
not limited to cobras, mambas, coral snakes,
kraits, adders, vipers, rattlesnakes, copper-
heads, pit vipers, keelbacks, cottonmouths, and
sea snakes.
c. Any member of the superfamily
henophidia, which are limited to reticulated
pythons, anacondas, and African rock pythons;
10. Reptiles that are venomous;
11. Gila monsters;
12. Opossums; and
City of Dubuque
7-6D-1 7-6D-4
13. Any crossbreed of such animals which
have similar characteristics of the animals
specified above. (Ord. 28-17, 6-5-2017)
7-6D-2: DOGS, CATS EXEMPTED: The provisions of this article shall
not apply to domestic dogs or cats. (Ord. 76-08, 11-3-2008)
7-6D-3: KEEPING OF DANGEROUS ANIMALS RESTRICTED: No
person shall keep, shelter, or harbor for any purpose within
the City a dangerous animal except as provided in sections 7-6D-4, 7-6D-5,
and 7-6D-7 of this article. (Ord. 76-08, 11-3-2008)
7-6D-4: EXCEPTIONS TO KEEPING AND LICENSING RESTRIC-
TIONS: The prohibition contained in section 7-6D-3 of this
article and the licensing provisions of section 7-6D-5 of this article shall not
apply to the keeping of dangerous animals in the following circumstances:
A. The keeping of dangerous animals in a public zoo, bona fide educa-
tional or medical institution, humane society, or museum where they
are kept as live specimens for the public to view, or for the purpose
of instruction, research or study.
B. The keeping of dangerous animals for exhibition to the public by a
bona fide traveling circus, carnival, exhibit or show licensed to
perform in the City.
C. The keeping of dangerous animals in a bona fide, licensed veterinary
hospital for treatment.
D. The keeping of dangerous animals by a wildlife rescue organization,
with appropriate permit from the Iowa Conservation Commission or
the Iowa Department of Natural Resources.
E. Any dangerous animals under the jurisdiction of and in the posses-
sion of the Iowa Conservation Commission, pursuant to chapter 109
or 109A of the Iowa Code.
F. A bona fide commercial pet shop licensed and inspected by the Iowa
Department of Agriculture. Any such pet shop shall post in a con-
spicuous place, the following notice:
August 2017
City of Dubuque
7-6D-4 7-6D-4
August 2017
NOTICE
Section 7-6D-3 of the City of Dubuque Code of Ordi-
nances prohibits the keeping, sheltering or harboring
for any purpose within the City of Dubuque, any dan-
gerous animal, as defined in Section 7-6D-1. Danger-
ous animal includes, but is not limited to, the following:
1. Lions, tigers, jaguars, leopards, cougars, lynx
and bobcats;
2. Wolves, coyotes and foxes;
3. Badgers, wolverines, weasels, skunks and mink;
4. Raccoons;
5. Bears;
6. All apes, baboons, macaques, monkeys and
chimpanzees;
7. Alligators and crocodiles;
8. Scorpions;
9. Snakes that are:
a. Any member of the family atractaspidae,
including but not limited to mole vipers and burrow-
ing asps.
b. Any member of the family elapidae, voperidae,
crotalidae, atractaspidae, or hydrophidae which are
venomous, including but not limited to cobras,
mambas, coral snakes, kraits, adders, vipers, rattle-
snakes, copperheads, pit vipers, keelbacks, cotton-
mouths, and sea snakes.
c. Any member of the superfamily henophidia,
which are limited to reticulated pythons, anacondas,
and African rock pythons.
10. Reptiles that are venomous;
City of Dubuque
7-6D-4 7-6D-6
11. Gila monsters;
12. Opossums; and
13. Any crossbreed of such animals which have
similar characteristics of the animals specified
above.
(Ord. 28-17, 6-5-2017)
7-6D-5: REGULATIONS FOR KEEPING:
A. Keeping Animal Confined: Any person keeping, sheltering or harbor-
ing a dangerous animal shall at all times keep such animal securely 1
confined within a cage or other enclosure approved by the Health
Services Officer.
B. Prohibited From Public Property: No person keeping, sheltering or
harboring a dangerous animal shall permit or allow such animal to
enter upon or traverse any public property, park property, public
right-of-way, or any business establishment licensed by the City, or
the property of another except when such animal is being trans-
ported while caged or confined.
C. Report Animal Missing: It shall be the duty of the animal keeper,
shelterer or harborer to report to the City Manager/Police Depart-
ment when a dangerous animal is found missing.
D. Keeping Animals Which Attack Or Bite Prohibited: No person shall
keep, shelter or harbor a dangerous animal which has demonstrated
without provocation to attack or bite. (Ord. 76-08, 11-3-2008)
7-6D-6: GENERAL PROHIBITION AND DUTY: No person shall aid
or cause any dangerous animal, whether owned by such per-
son or not, to escape confinement or impoundment, whether such confine-
ment or impoundment be upon such person's property or that of another by
opening any gate, door or window or making any opening of any fence,
enclosure or structure or by unleashing such animal. (Ord. 76-08,
11-3-2008)
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City of Dubuque
C
7-6D-7 7-6D-7
7-6D-7: SEIZURE, IMPOUNDMENT AND DISPOSITION OF DAN-
GEROUS ANIMALS:
A. Authority To Destroy: In the event that a dangerous animal is found
at large upon public property, park property, public right(s)-of-way, or
the property of someone other than its keeper, harborer or shelterer
thereby creating a hazard to person or property, such animal may, in
the discretion of the City Manager, be destroyed if it cannot be
confined or captured. The City shall be under no duty to attempt the
confinement or capture of dangerous animal found at large, nor shall
it have a duty to notify the keeper, harborer, or shelterer of such
animal prior to its destruction.
B. Procedure Upon Complaint; Order Removal Of Animal: Upon the
complaint of any individual that a person is keeping, sheltering, or
harboring a dangerous animal on premises in the City in violation of
sections 7-6D-3, 7-6D-5 and 7-6D-6 of this article or that a person is
keeping, sheltering or harboring a dangerous animal which has
demonstrated a propensity to attack or bite without provocation, the
City Manager shall order the person named in the complaint to safely
remove such animal from the City, permanently place the animal with
an organization or group allowed under section 7-6D-4 of this article
to possess dangerous animals, or destroy the animal, within three
(3) days of the receipt of such order. Such order shall be contained
in a notice to remove the dangerous animal, which notice shall be in
writing and delivered personally or by certified mail to the person
keeping, sheltering or harboring the dangerous animal. Such order
and notice to remove the dangerous animal shall not be required
where the Health Services Officer determines that such dangerous
animal has previously caused serious physical harm or death to any
person in which case the Health Services Officer shall cause the
animal to be immediately seized and impounded or killed if seizure
and impoundment are not possible without risk of serious physical
harm or death to any person.
C. Appeal; Notice; Hearing: The order to remove a dangerous animal
issued by the City Manager may be appealed to the City Council. To
appeal such order, written notice of appeal stating the grounds for
the appeal must be filed with the City Clerk within three (3) days
after receipt of the order and notice to remove the dangerous animal.
Failure to file such written notice of appeal shall constitute a waiver
of the right to appeal the order of the Health Services Officer.
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City of Dubuque
1
7-6D-7 7-6D-7
1. The hearing on the appeal shall be within fourteen (14) days of
the filing of the notice of appeal with the City Clerk. The hearing may
be continued for good cause.
2. After such hearing, the City Council may affirm or reverse the
order of the City Manager. Such determination shall be contained in
a written decision and shall be filed with the City Clerk within three
(3) days after the hearing, or any continued session thereof.
3. If the City Council affirms the action of the City Manager, the City
Council shall order in its written decision that the person sheltering,
harboring, or keeping such dangerous animal, remove such animal
from the City, permanently place such animal with an organization or
group allowed under section 7-6D-4 of this article to possess danger-
ous animals, or destroy it. The decision and order shall immediately
be served upon the person against whom rendered in the same man-
ner as the notice of removal.
D. Seizure And Impoundment: If the order of the City Manager is not
appealed and is not complied with within three (3) days of its
issuance, the City Manager is authorized to seize and impound such
dangerous animal. If the written decision of the City Council is not
complied with within three (3) days of this issuance, the City
Manager is authorized to seize and impound such dangerous animal.
An animal so seized shall be impounded for a period of seven (7)
days.
E. Disposition Of Animal: If at the end of the impoundment period, the
person against whom the decision and order of the City Manager or
City Council was issued has not petitioned the Dubuque County Dis-
trict Court for review of said order, the City Manager shall cause the
animal to be disposed of by sale, permanently place such animal to
be disposed of by sale, permanently place such animal with an
organization or group allowed under section 7-6D-4 of this article to
possess dangerous animals, or destroy such animal in a humane
manner. (Ord. 76-08, 11-3-2008)
City of Dubuque
August 2017
7-6E-1 7-6E-2
SECTION:
7-6E-1:
7-6E-2:
7-6E-3:
7-6E-4:
7-6E-5:
CHAPTER 6
ANIMAL CONTROL
ARTICLE E. POTENTIALLY VICIOUS DOGS
Definition
Procedure For Declaration Of Potentially Vicious Dog
Notification Of Status Of Potentially Vicious Dog
Exceptions To Classification
Disposition Of Potentially Vicious Dog
7-6E-1: DEFINITION: A "potentially vicious dog" is a dog that:
A. When unprovoked, on two (2) separate occasions, has engaged in
any behavior that has required a defensive action by any person to
prevent bodily injury when the person and dog were off of the prop-
erty of the owner or keeper of the dog;
B. When unprovoked, has attacked or bitten a person;
C. When unprovoked, has inflicted a serious injury or caused the death
of a domestic animal, either on public or private property other than
the property of the owner or keeper; or
D. When unprovoked, chases or approaches a person or domestic ani-
mal upon the streets, sidewalks, or any public or private property
other than the property of the owner or keeper, in a menacing
fashion or apparent attitude of attack. (Ord. 76-08, 11-3-2008)
7-6E-2: PROCEDURE FOR DECLARATION OF POTENTIALLY
VICIOUS DOG:
A. Basis For Declaration: The City Manager may find and declare an
animal potentially vicious based upon the following:
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7-6E-2 7-6E-2
1. The written complaint of a citizen that the animal has acted in a
manner set forth in section 7-6E-1 of this article;
2. Dog bite reports filed with the Health Services Department;
3. Actions of the dog witnessed by any animal control officer or law
enforcement officer; or
4. Other substantial evidence.
B. Service Of Declaration Upon Owner: The declaration of a potentially
vicious dog shall be in writing and shall be served on the owner or
keeper in one (1) of the following methods: personally, by certified
mail to the owner at the owner's or keeper's last known address, or if
the owner or keeper cannot be served personally or by mail, by
publication in a newspaper of general circulation in the County.
C. Contents Of Declaration: The declaration shall state:
1. The description of the animal;
2. The name and address of the owner or keeper of the animal, if
known;
3. The whereabouts of the animal, if not in the custody of the owner
or keeper;
4. The facts upon which the declaration of potentially vicious dog is
based;
5. The owner's or keeper's right to a hearing if the person objects to
the declaration;
6. The restrictions placed upon the animal as a result of the declara-
tion of potentially vicious dog; and
7. The penalties for a violation of such restrictions.
8. If the City Manager so determines, that the owner or keeper be
required to have microchip identification implanted in the dog.
D. Objections Of Owner: The owner or keeper may object to the
declaration of potentially vicious dog by requesting a hearing before
the City Manager by submitting a written request to the City Manager
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7-6E-2 7-6E-3
within ten (10) days of the date of mailing of the declaration, or
within ten (10) days of the publication of the declaration.
1. If the City Manager finds that there is insufficient evidence to
support the declaration, it shall be rescinded, and the restrictions
imposed thereby annulled.
2. If the City Manager finds sufficient evidence to support the
declaration, the City Manager shall provide the owner with written
notice of such determination within five (5) working days after the
hearing.
3. Prior to and pending the outcome of the hearing, the owner or
keeper of a dog that has been declared potentially vicious must com-
ply with all conditions and restrictions set forth by the City Manager.
4. If it is determined by the animal control officer or law enforcement
officer that probable cause exists to believe the dog in question
poses an immediate threat to public safety, then the animal control
officer or law enforcement officer may seize and impound the dog
pending the hearing to be held pursuant to this article. The owner or
keeper of the dog shall be liable to the City or County where the dog
is impounded for the costs and expenses of keeping the dog if the
dog is later determined to be potentially vicious. When a dog has
been impounded and it is not contrary to public safety, the animal
control officer shall permit the animal to be confined at the owner's
expense in a Health Services Department approved kennel or
veterinary facility. (Ord. 28-17, 6-5-2017)
7-6E-3: NOTIFICATION OF STATUS OF POTENTIALLY VICIOUS
DOG:
A. The owner or keeper shall immediately notify the Health Services
Department when a dog which has been classified as potentially
vicious:
1. Is loose or unconfined;
2. Has bitten a human being or attacked another animal;
3. Is sold or given away, or dies; or
4. Is moved to another address.
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7-6E-3 7-6E-5
B. Prior to a potentially vicious dog being sold or given away, the owner
or keeper shall provide the name, address and telephone number of
the new owner or keeper to the Health Services Department. The
new owner or keeper shall comply with all the requirements of this
chapter. (Ord. 76-08, 11-3-2008)
7-6E-4: EXCEPTIONS TO CLASSIFICATION:
A. No dog may be declared potentially vicious if:
1. Any injury or damage was sustained by a person who, at the time
of the injury or damage was sustained, was committing a wilful tres-
pass or other tort upon premises occupied by the owner or keeper of
the dog, or was teasing, tormenting, abusing, or assaulting the dog,
or was committing or attempting to commit a crime;
2. The dog was protecting or defending a person within the imme-
diate vicinity of the dog from an unjustified attack or assault; or
3. The injury or damage was sustained by a person or a domestic
animal, which at the time of the injury or damage was sustained, was
teasing, tormenting, abusing or assaulting the dog.
B. No dog may be declared potentially vicious if the injury or damage to
a domestic animal was sustained while the dog was working as a
hunting dog, herding dog or predator control dog on the property of,
or under the control of, its owner or keeper, and the damage or
injury was to a species or type of domestic animal appropriate to the
work of the dog. (Ord. 76-08, 11-3-2008)
7-6E-5: DISPOSITION OF POTENTIALLY VICIOUS DOG:
A. License And Vaccination; Fee: A potentially vicious dog shall be
properly licensed and vaccinated. The potentially vicious designation
shall be included in the registration records of the dog. The City may
charge a potentially vicious dog fee in addition to the regular
licensing fee to provide for the increased costs of maintaining the
records of the dog.
B. Confinement; Restraint: A potentially vicious dog, while on the
owner's or keeper's property, shall at all times be kept indoors or in
a securely fenced yard from which the dog cannot escape and into
which children cannot trespass. A potentially vicious animal may be
August 2017
City of Dubuque
7-6E-5 7-6E-5
off the owner's or keeper's premises only if restrained by a substan-
tial leash, of appropriate length, and if the dog is under the control of
a responsible adult and is humanely muzzled.
C. Notice Of Change Of Ownership And Location: If a potentially vicious
dog dies, or is sold, transferred or permanently removed from the
City, the owner or keeper of the dog shall notify the Health Services
Department of the changed condition and new location of the dog in
writing within two (2) working days. (Ord. 76-08, 11-3-2008)
August 2017
City of Dubuque
7-6F-1 7-6F-2
SECTION:
7-6F-1:
7-6F-2:
7-6F-3:
7-6F-4:
7-6F-5:
CHAPTER 6
ANIMAL CONTROL
ARTICLE F. VICIOUS DOGS AND CATS
Definition
Procedure For Declaration Of Vicious Animal
Notification Of Status Of Vicious Animal
Exceptions To Classification
Disposition Of Vicious Animal
7-6F-1: DEFINITION: A "vicious animal" is deemed so when it has
attacked or bitten any person on more than one (1) occasion
without provocation or when an attack or bite results in serious bodily injury.
(Ord. 28-17, 6-5-2017)
7-6F-2:
PROCEDURE FOR DECLARATION OF VICIOUS ANIMAL:
A. Basis For Declaration: The City Manager may find and declare an
animal vicious based upon the following:
1. When the animal has attacked or bitten any person on more than
one (1) occasion without provocation or when an attack or bite
results in serious bodily injury.
B. Service Of Declaration Upon Owner: The declaration of a vicious ani-
mal shall be in writing and shall be served on the owner or keeper in
one (1) of the following methods: personally, by certified mail to the
owner at the owner's or keeper's last known address, or if the owner
or keeper cannot be served personally or by mail, by publication in a
newspaper of general circulation in the County.
C. Contents Of Declaration: The declaration shall state:
1. The description of the animal;
August 2017
City of Dubuque
7-6F-2 7-6F-3
2. The name and address of the owner or keeper of the animal, if
known;
3. The facts upon which the declaration of vicious animal is based;
4. The restrictions placed upon the animal as a result of the declara-
tion of vicious animal;
5. The penalties for a violation of such restrictions;
6. If the City Manager so determines, that the owner or keeper be
required to have microchip identification implanted in the animal; and
7. The owner or keeper must keep the vicious animal within the City
and under the owner or keeper's ownership until resolution of the
matter through City administration or the judicial system.
D. Seizure And Impoundment: If it is determined by the animal control
officer or law enforcement officer that probable cause exists to
believe the animal in question poses an immediate threat to public
safety, then the animal control officer or law enforcement officer may
seize and impound the animal pending the resolution pursuant to this
article. The owner or keeper of the animal shall be liable to the City
or County where the animal is impounded for the costs and
expenses of keeping the animal if the dog is determined to be
vicious. (Ord. 28-17, 6-5-2017)
7-6F-3: NOTIFICATION OF STATUS OF VICIOUS ANIMAL:
A. The owner or keeper shall immediately notify the City Manager when
an animal which has been classified as vicious:
1. Is loose or unconfined;
2. Has bitten a human being or attacked another animal; or
3. Dies.
B. A vicious animal may not be sold, given away, or moved to another
location prior to resolution of the matter through City administration
or the judicial system. (Ord. 28-17, 6-5-2017)
August 2017
City of Dubuque
7-6F-4 7-6F-5
7-6F-4: EXCEPTIONS TO CLASSIFICATION:
A. No animal may be declared vicious if:
1. Any injury or damage was sustained by a person who, at the time
of the injury or damage was sustained, was committing a wilful tres-
pass or other tort upon premises occupied by the owner or keeper of
the animal, or was teasing, tormenting, abusing, or assaulting the
animal, or was committing or attempting to commit a crime;
2. The animal was protecting or defending a person within the imme-
diate vicinity of the animal from an unjustified attack or assault; or
3. The injury or damage was sustained by a person or a domestic
animal, which at the time of the injury or damage was sustained, was
teasing, tormenting, abusing or assaulting the animal.
B. No animal may be declared vicious if the injury or damage to a
domestic animal was sustained while the animal was working as a
hunting dog, herding dog or predator control dog on the property of,
or under the control of, its owner or keeper, and the damage or
injury was to a species or type of domestic animal appropriate to the
work of the dog. (Ord. 28-17, 6-5-2017)
i
7-6F-5: DISPOSITION OF VICIOUS ANIMAL:
A. License And Vaccination; Fee: A vicious animal shall be properly
licensed and vaccinated. The vicious designation shall be included in
the registration records of the animal. The City may charge a vicious
animal fee in addition to the regular licensing fee to provide for the
increased costs of maintaining the records of the animal.
B. Confinement; Restraint: A vicious animal, while on the owner's or
keeper's property, shall at all times be kept indoors or in a securely
fenced yard from which the animal cannot escape and into which
people cannot trespass. A vicious animal may be off the owner's or
keeper's premises only if restrained by a substantial leash, of
appropriate length, and if the animal is under the control of a
responsible adult and is humanely muzzled.
C. Notice Of Death: If a vicious animal dies, the owner or keeper of the
animal shall notify the City Manager of the death of the animal in
writing within two (2) working days. (Ord. 28-17, 6-5-2017)
August 2017
City of Dubuque
s
9-7 9-7
SECTION:
9-7-321.256:
9-7-321.257:
9-7-321.258:
9-7-321.259:
9-7-321.260:
9-7-321.261:
9-7-321.262:
9-7-321.263:
9-7-321.264:
9-7-321.265:
9-7-321.266:
CHAPTER 7
OPERATION
Division 1. Traffic Signs, Signals And Markings
Obedience To Official Traffic Control Devices
Official Traffic -Control Signal
Reserved
Unauthorized Signs, Signals, Or Markings
Interference With Signs, Signals, Or Devices; Unlawful
Possession
Reserved
Division 2. Accidents
Duty Of Driver When Damage Is To Vehicle Only
Duty Of Driver To Give Information, Aid
Duty Of Driver Upon Striking Unattended Vehicle
Duty Of Driver Upon Striking Fixtures Upon Highway
Reports Required
Division 3. Operation Of Motorcycles
And Motorized Bicycles
9-7-321.275: Motorcycles And Motorized Bicycles
9-7-321.275A: Use Of Bicycles, Motorcycles In Parks
9-7-321.276: Use Of Certain Nonmotorized Vehicles, Conveyances, And
Equipment In Municipal Parking Ramps Or Lots And In
Certain Other Places In City
9-7-321.276A: Electric Personal Assistive Mobility Devices
Division 4. Criminal Offenses
9-7-321.277: Reckless Driving
9-7-321.277A: Careless Driving
9-7-321.278: Drag Racing Prohibited
9-7-321.279 - 9-7-321.283: Reserved
9-7-321.284: Open Containers In Motor Vehicles; Drivers
9-7-321.284A: Open Containers In Motor Vehicles; Passengers
August 2017
City of Dubuque
9-7 9-7
Division 5. Speed Restrictions
9-7-321.285: Limits Generally
9-7-321.286 - 9-7-321.287: Reserved
9-7-321.288: Control Of Vehicle
9-7-321.289: Signs To Be Erected
9-7-321.290: Reserved
9-7-321.291: Speeding Violation Form
9-7-321.292 - 9-7-321.293: Reserved
9-7-321.294: Minimum Speed
9-7-321.295 - 9-7-321.296: Reserved
9-7-321.297:
9-7-321.298:
9-7-321.299:
9-7-321.300 -
9-7-321.302:
9-7-321.303:
9-7-321.304:
9-7-321.305:
9-7-321.306:
9-7-321.307:
9-7-321.311:
9-7-321.312:
9-7-321.313:
9-7-321.314:
9-7-321.315:
9-7-321.316:
9-7-321.317:
9-7-321.318:
9-7-321.319:
9-7-321.320:
9-7-321.321:
9-7-321.322:
August 2017
Division 6. Driving On Right Side Of Roadway;
Overtaking And Passing
Driving On Right Hand Side Of Roadway; Exceptions
Meeting And Turning To Right
Passing Generally
9-7-321.301: Reserved
Overtaking, Passing On Right
Limitations On Overtaking On Left
Prohibited Passing
One -Way Streets
Roadways Laned For Traffic
Following Too Closely
Division 7. Turning And Starting And Signals
On Stopping And Turning
Turning At Intersections
Turning On Curves, Hills
Starting Parked Vehicle
Signals Required When Turning
Turn Signal To Be Continuous
Signal Required When Stopping Or Decreasing Speed
Suddenly
Signals To Be By Hand And Arm Or Signal Device
Method Of Giving Hand And Arm Signals
Division 8. Right -Of -Way
Entering Intersections From Different Highways
Left Turns At Intersections
Entering Through Streets
Stop And Yield Intersections
City of Dubuque
9-7-321.256 9-7-321.257
9-7-321.323: Backing Vehicle On Highway
9-7-321.324: Operation On Approach Of Emergency Vehicles
9-7-321.324A: Funeral Processions
DIVISION 1. TRAFFIC SIGNS, SIGNALS AND MARKINGS
9-7-321.256: OBEDIENCE TO OFFICIAL TRAFFIC CONTROL DEVICES:
No driver of a vehicle shall disobey the instructions of any
official traffic control device placed in accordance with the provisions of this
title unless at the time otherwise directed by a peace officer, subject to the
exceptions granted to the driver of an authorized emergency vehicle. (Ord.
44-08, 6-16-2008)
9-7-321.257: OFFICIAL TRAFFIC -CONTROL SIGNAL:
A. For the purposes of this section, "stop at the official traffic -control
signal" means stopping at the first opportunity at either the clearly
marked stop line or before entering the crosswalk or before entering
the intersection.
B. Official traffic -control signals consisting of colored lights or colored
lighted arrows shall regulate vehicle and pedestrian traffic in the fol-
lowing manner:
1. A "steady circular red" or "steady red arrow" light means vehicular
traffic shall stop. Vehicular traffic shall remain standing until a signal
to proceed is shown or vehicular traffic, unless prohibited by a sign,
may cautiously enter the intersection to make a right turn from the
right lane of traffic or a left turn from a one-way street to a one-way
street from the left lane of traffic on a one-way street onto the
leftmost lane of traffic on a one-way street. Turns made under this
paragraph shall be made in a manner that does not interfere with
other vehicular or pedestrian traffic lawfully using the intersection.
Pedestrian traffic facing a steady circular red light shall not enter the
roadway unless the pedestrian can safely cross the roadway without
interfering with any vehicular traffic.
2. A "steady circular yellow" or "steady yellow arrow" light means
vehicular traffic is warned that the related green movement is being
terminated and vehicular traffic shall no longer proceed into the
intersection and shall stop. If the stop cannot be made in safety, a
August 2017
City of Dubuque
9-7-321.257 9-7-321.257
vehicle may be driven cautiously through the intersection. Pedestrian
traffic is warned that there is insufficient time to cross the inter-
section and any pedestrian starting to cross the roadway shall yield
the right-of-way to all vehicles.
3. A "steady circular green" light means vehicular traffic may proceed
straight, turn right or turn left through the intersection unless
otherwise specifically prohibited. Vehicular traffic shall yield the right-
of-way to other vehicular and pedestrian traffic lawfully within the
intersection.
4. A "steady green arrow" light shown alone or with another official
traffic -control signal means vehicular traffic may cautiously enter the
intersection and proceed in the direction indicated by the arrow.
Vehicular traffic shall yield the right-of-way to other vehicles and
pedestrians lawfully within the intersection.
5. A "flashing circular red" light means vehicular traffic shall stop and
after stopping may proceed cautiously through the intersection yield-
ing to all vehicles not required to stop or yield which are within the
intersection or approaching so closely as to constitute a hazard, but
then may proceed.
6. A "flashing yellow" light means vehicular traffic shall proceed
through the intersection or past such signal with caution.
7. A "flashing yellow arrow" light shown alone or with another official
traffic -control signal means vehicular traffic may cautiously enter the
intersection and proceed only in the direction indicated by the arrow.
Vehicular traffic shall yield the right-of-way to other vehicles and
pedestrians lawfully within the intersection and any vehicle on the
opposing approach which is approaching so closely as to constitute
an immediate hazard during the time the driver is moving within the
intersection.
8. A "don't walk" or "steady upraised hand" light is a pedestrian
signal which means that pedestrian traffic facing the illuminated
pedestrian signal shall not start to cross the roadway in the direction
of the pedestrian signal, and pedestrian traffic in the crossing shall
proceed to a safety zone.
9. A "flashing upraised hand" or "upraised hand with countdown"
light is a pedestrian signal which means that pedestrian traffic facing
the illuminated pedestrian signal shall not start to cross the roadway
in the direction of the pedestrian signal, and pedestrian traffic in the
August 2017
City of Dubuque
9-7-321.257 9-7-321.257
crossing shall proceed to a safety zone. The "upraised hand with
countdown" light is a pedestrian signal that also provides the time
remaining for the pedestrian to complete the crossing.
10. A "walk" or "walking person" light is a pedestrian signal which
means that pedestrian traffic facing the illuminated pedestrian signal
may proceed to cross the roadway in the direction of the pedestrian
signal and shall be given the right-of-way by drivers of all vehicles.
(Ord. 36-17, 7-17-2017)
August 2017
City of Dubuque
9-14-321.721 9-14-321.722
BLOCK FACE:
DWELLING UNIT:
MOTOR VEHICLE:
PEAK PERIOD:
All the properties on one (1) side of a given
street existing between two (2) consecutive
intersecting streets.
A building or portion of a building which is
exclusively arranged, occupied, or intended to
be occupied as living quarters for one (1) family,
but not including dwelling units in hotels, room-
ing houses, institutions, dormitories, or conva-
lescent or nursing homes.
A vehicle licensed as a private passenger car or
a motorcycle or light pickup truck but not includ-
ing any other truck or road tractor.
That time interval between the hours of seven
o'clock (7:00) A.M. and five thirty o'clock (5:30)
P.M. daily or between such hours as requested
by the petitioners during which the highest
percentage of overall resident and nonresident
parking utilization occurs.
RESIDENT: A person who maintains a bona fide occupancy
within a residential parking permit district.
RESIDENTIAL A contiguous area containing public streets or
DISTRICT: parts thereof abutted by residential property, or
residential and nonbusiness property including,
but not limited to, schools, parks, churches,
hospitals, and nursing homes.
RESIDENTIAL
PARKING PERMIT
DISTRICT:
A residential area designated by ordinance as
herein provided. (Ord. 44-08, 6-16-2008)
9-14-321.722: RESIDENTIAL PARKING PERMIT PROGRAM ESTAB-
LISHED: There is hereby established a Residential Parking
Permit Program. The procedure for being designated a residential parking
permit district shall be as follows:
A. Petition:
1. Required: In order to be considered for a residential parking
permit district designation, a group of residents must submit a
August 2017
City of Dubuque
9-14-321.722 9-14-321.722
petition to the City Manager containing the signature of an adult
member of at least sixty percent (60%) of the dwelling units in the
residential area. Petitions shall only be considered for areas which
contain at least four (4) adjacent block faces or fifty (50) curb
parking spaces. The boundaries of and the streets within the
proposed permit parking district shall be clearly identified on each
page of the petition. The petition shall also state clearly that, if the
district is approved that participation in the program is mandatory,
only those vehicles with a permit shall be permitted to park in the
residential parking permit district between seven o'clock (7:00) A.M.
and five thirty o'clock (5:30) P.M. daily, or such other hours as may
be requested by the petition and approved by the City Council,
except Sundays and holidays, and an annual fee will be charged for
a parking permit for each vehicle. The necessary petition can be
obtained from the Office of the City Clerk. A cover letter explaining
the reasons for the request and a map showing the boundaries of
the proposed parking permit district shall accompany the petition.
2. Exception: A petition may be considered for an area which con-
tains less than four (4) adjacent block faces or fifty (50) curb parking
spaces if there are extenuating conditions that render such require-
ment unreasonable. Upon the recommendation of the City Manager,
such requirement may be waived by the City Council if it finds that
the proposed residential district is isolated or separated from other
residential areas by topographical features or by commercial area.
The City Council shall not grant such a waiver, however, if it deter-
mines that the only basis for granting such a waiver is the
convenience of the residents or if it determines that the waiver is
being requested by the petitioners to prevent opposition to establish-
ing a district. All other requirements of this division must be estab-
lished.
B. Parking Study: Upon receipt of a valid petition, the City Manager
shall cause a parking study of the area identified in the petition to be
conducted. A residential parking permit district may be established
only if the results of the study demonstrate that both of the following
criterions are satisfied during peak periods:
1. At least seventy percent (70%) of the curbside parking spaces in
the proposed parking permit district were utilized during peak
periods. For purposes of this criterion, a legal curbside parking
space shall be twenty three (23) linear feet; and
2. At least twenty five percent (25%) of the curbside parking spaces
in the proposed parking district were utilized by nonresident parkers.
August 2017
City of Dubuque
9-14-321.722 9-14-321.722
For purposes of this criterion, the latest available motor vehicle
registration information shall be used.
C. Parking Study Report And Recommendation: Upon completion of the
parking study, if the conditions of subsection B of this section are
established, the City Manager shall make a report and recommenda-
tion to the City Council, based upon the petition and results of the
survey, on whether or not to designate the proposed parking district
or a portion thereof as a residential parking permit district and the
hours such restrictions are to be in effect. The recommendation shall
take the following into account:
1. The effect on the safety of the residents of the proposed residen-
tial parking permit district from intensive parking by nonresidents;
2. The difficulty or inability of residents of the proposed residential
parking permit district to obtain adequate curbside parking adjacent
to or near their residences because of widespread use of available
curbside parking spaces by nonresident motorists;
3. The likelihood of alleviating, by use of the Residential Parking
Permit Program, any problem of nonavailability of residential parking
spaces; and
4. The desire of the residents in the proposed residential parking
permit area for the institution of a residential parking permit district
and the willingness of those residents to bear the cost incidental to
the administration of the Residential Parking Permit Program.
D. Public Hearing: Upon receipt of the report and recommendation from
the City Manager, the City Council shall set a public hearing on the
petition. Upon completion of the public hearing, the City Council may
reject the petition or adopt an ordinance designating the permit area
as a residential parking permit district and the hours such parking
restrictions are to be in effect.
E. Amendments:
1. Amendments to the existing districts for expansion or reduction of
the district must be requested by submitting to the City Manager a
petition containing the signatures of an adult member of at least sixty
percent (60%) of the dwelling units in the residential area proposed
for expansion or reduction to the district.
August 2017
City of Dubuque
9-14-321.722 9-14-321.724
2. Amendments to the existing districts for a change in the days/
times must comply with the standards for establishment of a district.
3. An amendment to expand or reduce a district will not be
considered if the proposed change will not meet the requirement of
two (2) block faces unless there are extenuating conditions that
render such requirement unreasonable.
4. Expansion areas of a district will inherit the same days/times for
parking restrictions as the previously established district. (Ord.
33-17, 7-5-2017)
9-14-321.723: POSTING OF RESIDENTIAL PARKING PERMIT SIGNS:
Following adoption of an ordinance designating a residential
parking permit district, signs shall be erected in the designated area indicat-
ing the hours which curbside parking in the designated area is prohibited,
except Sundays and holidays, unless the vehicle properly displays a park-
ing permit. (Ord. 44-08, 6-16-2008)
9-14-321.724: NOTICE TO RESIDENTS OF DESIGNATION OF RESI-
DENTIAL PARKING PERMIT DISTRICT: Following adop-
tion of an ordinance to designate a residential parking permit district, the
parking division shall mail to every dwelling unit within the designated dis-
trict the following documents:
A. A notice of designation which shall inform the residents in the desig-
nated area of:
1. The existence, exact location, and numerical designation of the
residential parking permit district;
2. The parking restrictions applicable to all vehicle curbside parking
spaces along streets in the designated area which do not properly
display a parking permit authorized by this division; and
3. The procedures to obtain a residential parking permit.
B. An application for residential parking permit on which the applicant is
to provide the following information for each vehicle to receive a
residential parking permit:
1. The name and residential address of the owner of the vehicle;
August 2017
City of Dubuque
9-14-321/24 9-14-321.725
2. The name, residential address, and driver's license number of the
principal operator of the vehicle;
3. The make, model, license plate number, and registration number
of the vehicle; and
4. The signature of the applicant for the residential parking permit.
(Ord. 44-08, 6-16-2008)
9-14-321.725: ISSUANCE OF RESIDENTIAL PARKING PERMIT:
A. A residential parking permit shall be issued upon the applicant's
payment of the annual residential parking permit fee and submission
of a completed residential parking permit application. A separate
parking permit fee and application is required for each motor vehicle
the applicant parks curbside within the district. Not more than two (2)
residential parking permits shall be issued to each dwelling unit.
The permit fee shall be used to offset the cost of operation and
administration of the Residential Parking Permit Program. Permit
fees are not refundable or eligible for proration.
One (1) guest parking permit shall be issued without charge with
each residential parking permit for use only by nonresidents of the
residential parking permit district.
Up to two (2) guest parking permits for which an annual fee estab-
lished by the City Manager shall be charged may be issued to a
dwelling unit wherein none of the residents own or operate a motor
vehicle. (Ord. 44-08, 6-16-2008)
The owner of a nonresidential building in a parking permit district
which was formerly a residential building may apply for residential
parking permits as provided herein. The number of permits which
may be issued for such nonresidential building shall be limited to the
number of permits that would have been available when the building
was used for residential purposes. (Ord. 40-09, 8-3-2009)
B. The residential parking permit shall be permanently affixed to the
inside bottom left corner of the front windshield. Guest permits shall
be displayed in the same location. Vehicles not equipped with a front
windshield shall permanently affix the permit in a prominent location.
August 2017
City of Dubuque
9-14-321.725 9-14-321.728
C. No residential parking permit shall be issued for a vehicle whose
owner or principal operator is not a resident in the designated
residential parking permit district.
D. The applicant for, and holder of, the residential parking permit shall
be the owner or principal operator of the vehicle receiving the
parking permit.
E. The holders of guest permits shall be visitors to the principal permit
holder's residence.
F. No residential parking permit or guest permit shall be transferred or
sold to another party. (Ord. 44-08, 6-16-2008)
9-14-321.726: RENEWAL OF RESIDENTIAL PARKING PERMIT:
A. The residential parking permit shall be renewed annually during the
month of August and expires on August 31 of each year.
B. Upon the permit holder's payment of the residential parking permit
renewal fee and submission of a completed residential parking
permit application, the holder shall receive a new parking permit
valid for a one (1) year period. (Ord. 44-08, 6-16-2008)
9-14-321.727: TRANSFER OF RESIDENTIAL PARKING PERMIT:
A. Upon the permit holder's payment of a residential parking permit
transfer fee established by the City Manager, the submission of a
completed residential parking permit application and the surrender of
the existing residential parking permit, the permit holder shall receive
a new residential parking permit to be transferred to another qualify-
ing vehicle.
B. The transfer of the residential parking permit to another qualifying
vehicle shall not affect its expiration date. (Ord. 44-08, 6-16-2008)
9-14-321.728: RESPONSIBILITY OF PERMIT HOLDER:
A. The holder of a residential parking permit or guest parking permit
shall be permitted to stand or park a motor vehicle operated by such
holder in the designated residential parking permit district during
August 2017
City of Dubuque
9-14-321.728 9-14-321.728
such time as the parking of such vehicles therein is permitted. While
such vehicle for which a residential parking permit has been issued
is so parked, or a vehicle displaying a visitor permit, such permit
shall be displayed as prescribed in this division.
B. A residential parking permit or guest parking permit does not guaran-
tee or reserve to the holder a parking space within the designated
permit parking district. A parking permit does not authorize the
standing or parking of any vehicle in such places and during such
times as the stopping, standing, or parking of vehicles is prohibited
or set aside for specific types of vehicles and does not excuse the
violation of any traffic regulation in the residential parking district.
C. Whenever the holder of a residential or guest parking permit, or the
vehicle for which the parking permit was issued, no longer fulfills one
(1) or more of the applicable provisions of this division controlling
issuance, renewal, or transfer of parking permits, the holder shall so
notify the Parking Division.
D. Until its expiration, surrender, or revocation, a parking permit shall
remain valid for such time as the holder continues to reside within
the designated residential parking permit district.
E. A parking permit shall be valid only in the residential parking permit
district for which it is issued. (Ord. 44-08, 6-16-2008)
August 2017
City of Dubuque
10-5B-1 10-5B-1
CHAPTER 5
PARKS AND RECREATION
ARTICLE B. USE REGULATIONS
SECTION:
10-5B- 1: Definitions
10-5B- 2: Intoxicating Beverages
10-5B- 3: Horsedrawn Vehicles, Riding Of Animals Restricted
10-5B- 4: Dogs, Cats And Other Domestic Animals
10-5B- 5: Access Limited
10-5B- 6: Throwing Stones Or Other Missiles
10-5B- 7: Interfering With Animals, Fishing
10-5B- 8: Unlawful Deposits
10-5B- 9: Obstructions
10-5B-10: Posting Bills, Notices Or Signs
10-5B-11: Sales Restricted
10-5B-12: Possession Of Weapons And Fireworks
10-5B-13: Climbing On Fences, Roofs
10-5B-14: Moving Benches And Tables
10-5B-15: Use Of Spotlights, Searchlights
10-5B-16: Meetings And Gatherings
10-5B-17: Fires h'
10-5B-18: Loosening Stones From Bluffs Prohibited
10-5B-19: Washing Vehicles
10-5B-20: Compliance With Traffic And Vehicle Laws, Ordinances
10-5B-21: Unattended Vehicles
10-5B-22: Open Season And Hours Generally
10-5B-23: Watersports, Swimming, And Wading
10-5B-24: Prohibited Activities, Signage
10-5B-1: DEFINITIONS: As used in this article, the following terms
shall have the following meanings:
AT LARGE: Any dog, cat or livestock, fowl or ferret found off
the premises of the owner or keeper.
August 2017
City of Dubuque
10-5B-1 10-5B-1
CAT: Both male and female animals in the family
Felis catus whether neutered or not.
CITY MANAGER: City Manager or City Manager's designee.
COMMISSION OR The Park and Recreation Advisory Commission.
THE COMMISSION:
DOG:
DOMESTICATED
ANIMAL:
KEEPER:
LEISURE SERVICES
MANAGER:
MULTIPURPOSE USE
TRAIL OR TRAILS:
OPEN SPACES:
OWNER:
PARKS OR
PARKWAYS:
August 2017
Both male and female animals of the canine
species whether neutered or not, but not includ-
ing a law enforcement dog.
An animal commonly referred to as a bovine,
swine, sheep, goat, domesticated deer, llama,
poultry, rabbit, horse, pony, mule, jenny,
donkey, or hinny.
A person other than the owner keeping, shelter-
ing, having control or custody of or harboring an
animal.
Leisure Services Manager or Leisure Services
Manager's designee.
A hardened trail of asphalt, concrete or other
impervious surface, typically ten feet (10') to
twelve feet (12') wide and physically separated
from the motorized vehicular traffic by an open
space or barrier and either within highway pub-
lic right-of-way or private property within an
independent alignment for use by pedestrians,
skaters, joggers, bicyclists, and City mainte-
nance vehicles.
Available to the public for passive recreational
use in and adjacent to the City, which are under
the responsibility of the commission.
A person owning a cat, dog, or other animal.
Parks, parkways, buildings, park roads or drive-
ways, and all public service facilities or grounds,
buildings and structures in and adjacent to the
City, which are under the responsibility of the
commission. (Ord. 42-13, 8-5-2013)
City of Dubuque
10-5B-2
10-5B-2: INTOXICATING BEVERAGES:
10-5B-2
A. Possession, Consumption, Or Use Of Alcoholic Liquor, Wine, Beer,
Or Other Intoxicating Beverages Prohibited:
1. The possession, consumption, or use of alcoholic liquors, wine,
and beer as defined by chapter 123 of the Code of Iowa or any other
intoxicating beverages is prohibited on park roadways and trails, in
park and recreation facility parking lots, and in vehicles located
within a park.
2. The possession, consumption, or use of alcoholic liquors, wine,
and beer as defined by chapter 123 of the Code of Iowa or any other
intoxicating beverages is prohibited in any public park, open space,
or park and recreation facility unless specifically exempted in sub-
section B of this section.
B. Exemptions:
1. Locations Exempt: Subsection A2 of this section shall not apply to
the possession, consumption, or use of alcoholic liquors, wine, beer,
or other intoxicating beverages at:
a. Alliant Energy Amphitheater events for which a special events
permit has been issued under chapter 4 of this title;
b. American Trust River's Edge Plaza events for which a special
events permit has been issued under chapter 4 of this title;
tion;
c. A.Y. McDonald Park;
d. Bee Branch Creek Greenway;
e. Bunker Hill Golf Course;
f. Eagle Point Park;
g. Flora Park;
h. Four Mounds Park as approved by the Four Mounds Founda-
i. John G. Bergfeld Recreation Area;
j. Marshall Park as approved by the Dubuque Arboretum Asso-
ciation, Inc.;
August 2017
City of Dubuque
10-5B-2 10-5B-4
k. McAleece Park and Recreation Complex;
I. Miller -Riverview Park;
m. Murphy Park;
n. Port of Dubuque Marina;
o. Port of Dubuque Riverwalk Trail events for which a special
events permit has been issued under chapter 4 of this title;
p. Veterans Park; and
q. Any other park with the prior written approval of the City
Manager.
2. Closed Containers: Subsection A of this section shall not apply to
the transporting of closed containers of intoxicating beverages on
park roadways, in parkand recreation facility parking lots, in vehicles
located within the park, and the public parks and park and recreation
facilities listed in subsection B1 of this section.
3. Keg Beer: Notwithstanding subsection B1 of this section, beer in
containers commonly referred to as "keg beer" shall only be permit-
ted by a licensed holder of a beer permit who has obtained a permit
from the City Manager authorizing the use of such container. (Ord.
23-17, 5-15-2017)
10-5B-3: HORSEDRAWN VEHICLES, RIDING OF ANIMALS RE-
STRICTED: Horsedrawn vehicles or the riding of horses or
any other domesticated animals used for such purposes isprohibited in any
park, parkway, trail, or open space unless permission is granted by the
Leisure Services Manager and thereafter authorized through the issuance
of a City special events permit under chapter 4 of this title. (Ord. 42-13,
8-5-2013)
10-5B-4: DOGS, CATS AND OTHER DOMESTIC ANIMALS:
A. Animals Prohibited: No person shall be permitted to bring into any
park, parkway, trail, or open space, any dog, cat or other domestic
animal, nor shall any person permit such dog, cat or other domestic
animal to run at large in any park, parkway, trail, or open space. Any
August 2017
City of Dubuque
10-5B-4 10-5B-4
unattended animal shall be impounded and its owner may redeem
the same upon paying the reasonable costs of such impoundment.
B. Leashed Dogs And Cats Allowed In Certain Parks And Areas:
1. Notwithstanding the foregoing, leashed dogs and cats shall be
permitted in the following:
A.Y. McDonald Park
Bee Branch Creek Greenway
Granger Creek Nature Trail
Heritage Trail
Jaycee Trail
John G. Bergfeld Recreation Area
Medical Associates Greenbelt Park
Miller -Riverview Park
Northwest Arterial Trail
Port of Dubuque Marina
Port of Dubuque Riverwalk Trail
Powerline Trail
Pyatigorsk Park
Southern Levy Trail
2. Leashed dogs and cats as allowed in subsection B1 of this section
are subject to and must comply with the provisions of title 7, chapter
6 of this Code.
3. The owner or keeper must pick up and dispose of or take away
the dog or cat's waste.
4. The owner or keeper is responsible for the actions of the dog or
cat.
C. Unleashed Pets Allowed In Pet Park: Unleashed pets shall be per-
mitted in the pet park.
D. Exceptions: This section does not apply to:
1. Service animals used by persons with disabilities;
2. As part of an approved and permitted special event under chapter
4 of this title;
3. Animals which are part of the Storybook Hill Petting Zoo at
Franklin Delano Roosevelt Park; and
August 2017
City of Dubuque
tl
10-5B-4 10-5B-7
4. Animals within Eagle Point Park, Murphy Park and Flora Park
which are confined to an automobile, camper, motor home (aka
recreational vehicle), or other similar conveyance during the entirety
of their time within the designated park(s), parkway(s), trail(s), or
open space(s). (Ord. 23-17, 5-15-2017)
10-5B-5: ACCESS LIMITED: No person may proceed into or upon an
area of any park, parkway, trail, or open space where any
prohibitory sign is posted. (Ord. 23-17, 5-15-2017)
10-5B-6: THROWING STONES OR OTHER MISSILES: No person
may throw any stone or any other missile within any park,
parkway, trail, or open space. (Ord. 42-13, 8-5-2013)
10-5B-7: INTERFERING WITH ANIMALS, FISHING:
A. No person shall kill, trap, tease, annoy, disturb, feed or interfere with
any bird or other fowl, or animals in any park, parkway, trail, or open
space. No person shall rob, injure or destroy the nest of any bird or
any other fowl.
B. Fishing is allowed at the following locations:
A.Y. McDonald Park
Bee Branch Creek Greenway
Bissell Harbor
Dove Harbor, Seventh Street area
Dubuque Marina Harbor
Heron Pond, located within Miller Riverview Park
Ice Harbor
John G. Bergfeld Recreation Area
Maus Park
Port of Dubuque Marina
Schmitt Harbor
16th Street detention basin
32nd Street detention basin ponds
(Ord. 23-17, 5-15-2017)
August 2017
City of Dubuque
10-5B-8 10-5B-12
10-5B-8: UNLAWFUL DEPOSITS: No person shall throw, deposit,
place or leave in any park, parkway, trail, or open space, any
paper, rubbish, waste or refuse of any kind or nature, but shall deposit the
same in the receptacles provided for such materials in the parks, parkways,
trails, or open spaces. (Ord. 11-14, 2-3-2014)
10-5B-9: OBSTRUCTIONS: No person shall place or suffer to remain
in any park, parkway, trail, or open space any goods, wares,
merchandise or other articles in the nature of any obstruction to the free
use and enjoyment of such park, parkway, trail, or open space without
written permission from the Park and Recreation Advisory Commission of
the City. (Ord. 11-14, 2-3-2014)
10-5B-10: POSTING BILLS, NOTICES OR SIGNS: No person shall
post, paste, fasten, paint or affix any placard, bill, notice or
sign upon any structure, tree, stone, fence, thing, or enclosure along or
within any park, parkway, trail, or open space. (Ord. 11-14, 2-3-2014)
10-5B-11: SALES RESTRICTED: No person shall sell or offer for sale
any article or service whatsoever in any park, parkway, trail,
or open space. The provisions of this section shall not apply to sales of
refreshments or any other articles from concession stands authorized by the
commission. (Ord. 11-14, 2-3-2014)
10-5B-12: POSSESSION OF WEAPONS AND FIREWORKS:
A. Prohibition: The possession of air rifles, bows and arrows, pellet
guns or slingshots, or fireworks of any description by any person
within the limits of any park, parkway, trail, or open space is hereby
prohibited unless authorized through the issuance of a City special
events permit under chapter 4 of this title.
B. Deer Hunting With Bow And Arrow:
1. On City Property: Bow and arrow hunting will only be allowed on
City property in accordance with the Deer Management Program
adopted by the City Manager or City Manager's designee.
August 2017
City of Dubuque
10-5B-12 10-5B-17
2. Exception: An exception to these rules may be granted if
approved through a City of Dubuque special events permit. (Ord.
31-17, 7-5-2017)
10-5B-13: CLIMBING ON FENCES, ROOFS: No person shall climb,
damage, tamper with, stand or sit on any fence, rail or any
other structure not intended for such use in any park, parkway, trail, or
open space. The climbing of buildings and going onto roofs, either with
ladders or from the inside of the buildings through the windows or any other
way is forbidden. Climbing over ledges in ledge gardens by any person is
prohibited. (Ord. 11-14, 2-3-2014)
10-5B-14: MOVING BENCHES AND TABLES: No person shall move
benches, seats and tables from any building or to any building
in any park, parkway, trail, or open space without first securing permission
of the City Manager. (Ord. 11-14, 2-3-2014)
10-5B-15: USE OF SPOTLIGHTS, SEARCHLIGHTS: It shall be unlawful
for any person, except regular park employees, to operate or
manipulate in any park or upon any parkway, trail, or open space any spot-
light or searchlight. (Ord. 11-14, 2-3-2014)
10-5B-16: MEETINGS AND GATHERINGS: Parks, parkways, trails,
open spaces, or portions thereof, are available for reservation
for group gatherings during the open park season by contacting the Leisure
Services Department Office. Such reservations can be made twenty three
(23) months in advance. Parks, parkways, trails, open spaces, or portions
thereof, shall be cleaned up after use by the party reserving the same.
Litter, cans, paper, waste and refuse shall be deposited in receptacles
provided therefor. (Ord. 23-17, 5-15-2017)
10-5B-17: FIRES: No person shall start any fire in any park or upon any
parkway, trail, or open space, except that small fires may be
made in the places in parks, parkways, trails, or open spaces provided by
the City for that purpose. Every person who starts or uses any such fire is
hereby charged with the duty of completely extinguishing such fire before
leaving it. (Ord. 11-14, 2-3-2014)
August 2017
City of Dubuque
10-5B-18 10-5B-21
10-5B-18: LOOSENING STONES FROM BLUFFS PROHIBITED: No
person shall loosen stones from bluffs or roll or throw the
same down the face of the bluff. (Ord. 54-06, 7-5-2006)
10-5B-19: WASHING VEHICLES: No person shall wash any motor
vehicle, motorcycle or scooter in any City park, parkway, trail,
or open space. (Ord. 11-14, 2-3-2014)
10-5B-20: COMPLIANCE WITH TRAFFIC AND VEHICLE LAWS,
ORDINANCES:
A. Motorized Vehicles: No person in a park, parkway, trail, or open
space shall fail to comply with all applicable provisions of the motor
vehicle laws of the State in regard to equipment and operation of
motor vehicles together with such regulations as are contained in
this article and other ordinances of the City.
B. Non -Motorized Vehicles: Non -motorized vehicles, including, but not
limited to skateboards, bicycles, scooters, and hoverboards, must
comply with the provisions of section 9-7-321.275A of this Code.
(Ord. 23-17, 5-15-2017)
10-5B-21: UNATTENDED VEHICLES:
A. Any motor vehicle left unattended in any of the parks after closing
thereof shall be deemed abandoned and the City Manager or the
park ranger shall cause the same to be towed from such park and
the same shall not be redeemed by the owner or the person respon-
sible therefor until the reasonable towing charges and storage fees
are paid.
B. It shall be unlawful for a motor vehicle to stand or park in a park,
parkway, trail, or open space for more than twenty four (24) hours
without such vehicle being moved, unless authorized by the City
Manager.
C. Parking may be limited to users of parks, parkways, trails, or open
spaces and the City Manager reserves the right to remove motor
vehicles which are not associated with users of the parks, parkways,
trails, or open spaces. (Ord. 23-17, 5-15-2017)
August 2017
City of Dubuque
10-5B-22 10-5B-22
10-5B-22: OPEN SEASON AND HOURS GENERALLY:
A. No person shall enter or remain in any park, parkway, trail, open
space, or park and recreation facility other than during the season
and hours designated in this section.
B. For the purposes of this section, the regular park season shall mean
from the first Saturday in May through the fourth Sunday of October.
The pet park shall be open year round.
C. Eagle Point Park and Louis Murphy Park shall be open for use by
the public from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M.
Sunday through Thursday, and from seven o'clock (7:00) A.M. to
eleven o'clock (11:00) P.M. Friday and Saturday during the regular
park season.
D. Marshall Park and the public use area of Franklin Delano Roosevelt
Park shall be open to the general public from seven o'clock (7:00)
A.M. to sunset daily during the regular park season.
E. Gerald "Red" McAleece Park and Recreation Complex and Veterans
Memorial Park shall be open for use by the public from seven o'clock
(7:00) A.M. to twelve o'clock (12:00) midnight daily.
F. Bunker Hill Golf Course shall be open for use by the public from
seven o'clock (7:00) A.M. to eleven o'clock (11:00) P.M. daily, March
through November.
G. Flora Park Swimming Pool and Nicholas J. Sutton Swimming Pool
shall be open for use by the public from six o'clock (6:00) A.M. to ten
o'clock (10:00) P.M. daily, June through August.
H. The following parks, parkways, trails, open spaces, and park and
recreation facilities will be open for use by the public from seven
o'clock (7:00) A.M. to ten o'clock (10:00) P.M. daily, unless alternate/
extended times/hours have been approved through a special events
permit or conditions of a City rental reservation:
August 2017
A.Y. McDonald Park
Allison -Henderson Park
Avon Park
Burden Park
Caledonia Park
Cancer Survivor Park
Center Grove open space
City of Dubuque
10-5B-22 10-5B-22
Cleveland Park
Comiskey Park
Eagle Valley Park
Elmwood Green Park
Falk Park
Flat Iron Park
Flora Park
Gay Park
Grant Park
Harvest View Park
Hillcrest Park
Hilltop Park
Ice Harbor Park
Jackson Park
Jefferson Park
John G. Bergfeld Recreation Area
Madison Park
Marna Ridge Children's Forest
Medical Associates Greenbelt
Oakwood Park
Pet Park
Pinard Park
Port of Dubuque Marina
Pyatigorsk Park
Riley Park
Rocco Buda Jr. Park
Southern Park
Teddy Bear Park
Trolley Line Trail
Usha Park
Valentine Park
Valley High Park
Waller -Cooper Park
Washington Park
Welu Park
Westbrook Park
I. Miller -Riverview Park shall be open for use by the public from seven
o'clock (7:00) A.M. until ten o'clock (10:00) P.M. daily, and only
registered campers shall be permitted in the area at all other hours.
J. The City Manager or authorized representative shall have the
authority to close any or all parks, parkways, trails, open spaces,
park and recreation facilities, park roadways and park parking lots
August 2017
City of Dubuque
10-5B-22 10-5B-24
before scheduled closing hours at times it is deemed necessary in
the interest and safety of the public.
K. The following parks shall be open for use by the public twenty four
(24) hours per day:
Alliant Energy Amphitheater
American Trust River's Edge Plaza
Bee Branch Creek Greenway
Granger Creek Nature Trail
Heritage Trail
Jaycee Trail
Northwest Arterial Trail
Port of Dubuque Riverwalk Trail
Powerline Trail
Southern Levy Trail
(Ord. 23-17, 5-15-2017)
10-5B-23: WATERSPORTS, SWIMMING, AND WADING: See section
10-7-13 of this title. (Ord. 23-17, 5-15-2017)
10-5B-24: PROHIBITED ACTIVITIES, SIGNAGE: The City Manager is
authorized to post signage in parks, parkways, trails, and
open spaces, or any portions thereof, regulating activities within the
designated area. A failure to comply with signage shall be a violation of this
Code. (Ord. 23-17, 5-15-2017)
August 2017
City of Dubuque
10-5C-1 10-5C-1
CHAPTER 5
PARKS AND RECREATION
ARTICLE C. SPECIFIC PARKS, OPEN
SPACES AND TRAILS
SECTION:
10-5C-1: Specific Park Areas, Open Spaces, And Trails Described
10-5C-1: SPECIFIC PARK AREAS, OPEN SPACES, AND TRAILS
DESCRIBED: Park descriptions for parks, open space
descriptions for open spaces and trail descriptions for trails will be reviewed
on a periodic basis and added, deleted and amended as necessary.
Enforcement of use regulations will not be contingent on parks, open
spaces, and trails being specifically listed in this section.
The following described parcels of real estate are and will be used for
public park purposes and will continue to be known as set forth below and
placed under the jurisdiction of the Park and Recreation Advisory
Commission: (Ord. 23-17, 5-15-2017)
A.Y. McDonald Park: Blocks 1, 2, 3, 4 and 5 in River Front Subdivi-
sion No. 3.
Alliant Energy
Amphitheater:
Allison -Henderson Park:
American Trust River's
Edge Plaza:
The area of the Port of Dubuque west of the
Port of Dubuque Riverwalk Trail, south of the
railroad tracks, east of Bell Street, and adjacent
to the former Dubuque Star Brewery.
Lots 1, 18, 19, 20, 21 and 22 of Pinehurst Sub-
division in the city of Dubuque, Iowa.
That area, including the flat area, steps and
ramp, outside the floodwall at the Port of
Dubuque at the south end of the Port of
Dubuque Riverwalk Trail.
City of Dubuque
August 2017
10-5C-1 10-5C-1
Avon Park:
Bee Branch Creek
Greenway:
Bunker Hill Golf
Course:
Burden Park:
Lots 6 through 10 of Mary Ann McDaniel's Sub-
division of parts of Lots 823 and 824 of A.
McDaniel's Subdivision in the city of Dubuque,
Iowa.
The park area surrounding the 16th Street
detention basin and paralleling the day lighted
Bee Branch Creek.
Part of Lot 2 in Highland Farms Addition; Lot 16
in Pfohl's Subdivision; Mineral Lots 189, 200,
201, 202, 210, 270, 336 and 370, and parts of
Mineral Lots 190, 265 and 340, all in the city of
Dubuque, Iowa.
Lot 1 of Lot 1 of Lot 3 northeast quarter, Section
13, Township 89 North, Range 2 East in the city
of Dubuque, Iowa.
Caledonia Park: Lot 38 of Kelly's Subdivision in the city of
Dubuque, Iowa.
Cancer Survivor Park: Lot 21 and 22 of the Finley Home Addition.
Center Grove open East one fourth of City Lot 500.
space:
Cleveland Park:
Comiskey Park:
Creek Wood Park:
E.B. Lyons Prairie/
Woodland Preserve:
August 2017
South two-thirds of city Lot 695 and Lots 35, 36,
37 and east 20 feet of Lot 38 of Union Addition
in the city of Dubuque, Iowa.
Lots 1 through 23, Lots 24 through 46 and the
intervening alley in Boulevard Addition of the
city of Dubuque, Iowa.
Lot 2 of Timber-Hyrst Place #2 in the City of
Dubuque.
A. Lots 2 and 3 of the northeast one-quarter of
the southeast one-quarter of section 1, township
88 north, range 2 east of fifth prime meridian;
Lots 2 and 3 of the northwest one-quarter of the
southwest one-quarter, Lots 2 and 3 of the
northeast one-quarter of the southwest one -
City of Dubuque
10-5C-1 10-5C-1
quarter, and Lot 2 of Lot 1 of the southwest
one-quarter of the southwest one-quarter; of
section 6, township 88 north, range 3 east of
the fifth prime meridian in Dubuque County,
August 2017
City of Dubuque
4
10-5C-1 10-5C-1
Maus Park:
Medical Associates
Greenbelt:
Miller -Riverview Park:
Nicholas J. Sutton
Swimming Pool:
Northwest Arterial Trail:
Oakwood Park:
Park Tree Farm:
the subdivision of Lot 1 of 1 of 1 of Mineral Lot
390, Lot 2 of 1 of Mineral Lot 386 and Lot 2 of
Mineral Lot 380 according to the recorded plats
thereof, all in the city of Dubuque, Iowa.
Lot 1-1-1 of Mineral Lot 38, Lot 2 of Section 31,
Township 89 North, Range 2 East of Lands Part
of Moore's Mill Slough Township 89 North,
Range 2 East Part of Moore's Mill Slough in
Section 31 and Section 36, Township 89 North,
Range 2 East and Lot 1 Mount Carmel
Subdivision.
Lot 11 of Medical Associates Subdivision in the
city of Dubuque, Iowa.
That part of Chaplain Schmitt Memorial Island
located northerly of the Dubuque greyhound
racing facility and easterly of the wetlands area
extending easterly an average of approximately
four hundred (400) feet more or less to the
Mississippi River.
Part of Lots 44, 45, 46, 47, 48, 331, 332 and
333 in Ham's Addition; that part of vacated
Garfield Avenue lying adjacent to Lots 45, 46,
331 and 332 in Ham's Addition; that part of
vacated Summer Street lying adjacent to Lots
44, 45, 46, 47, 48, 331, 332 and 333 in Ham's
Addition; and that part of the vacated alley lying
adjacent to Lots 46 and 47 in Ham's Addition,
all in the city of Dubuque, Iowa.
A linear trail in the IDOT right of way paralleling
the Northwest Arterial.
Lot 2 Oakwood Park Subdivision and Lot 1 of
Lot 1 of Lot 1 of Heim Subdivision, both in the
city of Dubuque, Iowa.
Lots 503 and 515 in Ham's Addition of the city
of Dubuque, Iowa.
City of Dubuque
August 2017
10-50-1
Pet Park:
Pinard Park:
Port Of Dubuque
Marina:
Port Of Dubuque
Riverwalk Trail:
Powerline Trail:
Pyatigorsk Park:
Riley Park:
Rocco Buda Jr. Park:
Southern Levy Trail:
Southern Park:
Teddy Bear Park:
Trolley Line Trail:
August 2017
10-5C-1
Area on North Grandview Avenue, east of the
Bunker Hill golf course and south of the water
department pumping station.
Lots 138, 139 and 140 in Glendale Addition No.
2 in the city of Dubuque, Iowa.
That part of the Port of Dubuque that serves as
the Marina bordered by the Ice Harbor.
A linear trail area paralleling the Mississippi
River and Ice Harbor in the Port of Dubuque.
A linear trail running from Grandview Avenue
near Murphy park to Julien Dubuque Drive.
Area located at the northeast corner of
Sixteenth Street and Kerper Boulevard, west of
the Jaycees trail and south of the Highway 151
Bridge.
Lot E of Crescent Heights Subdivision.
Lot 1 of 1 of 1 of 810 A. McDaniels Subdivision.
A linear trail running on the Southern Levy
along the Mississippi River south of Highway
20.
Beginning at the NW Corner of Lot 1 of said
John Breakey's Addition; thence S46°223/4'W,
315.98 ft., along the Northwesterly line of said
John Breakey's Addition; thence S81 °011/4'W,
12.72 ft.; thence S38°473/4'E, 64.04 ft.; thence
S51 °121/4'W, 46.36 ft.; thence N38°473/4'W,
78.87 ft.; thence 568°573/4'W, 111.56 ft.; thence
S35°45'W, 84.25 ft.; thence S42°39'E, 218.28 ft.
Lot 1 of Block 19, Sunnyslopes Estates in the
city of Dubuque, Iowa.
A linear trail running from Mathia S Ham House
to welcome area at entry of Eagle Point Park
and a part of Eagle Point park.
City of Dubuque
10-5C-1
Usha Park:
Valentine Park:
Valley High Park:
Veterans Memorial
Park:
10-5C-1
Lot 1 of Lot 2 of Lot 1 of Byrne's Subdivision in
the city of Dubuque, Iowa.
Lot 1 of the Subdivision of Lot 1 of Lot 1 of Lot
1 of McLean Heights and Lot 4 in Block 2 of
Marna Ridge Estates 2 in the city of Dubuque,
Iowa and Lot 1 of Roepsch Place No. 2.
Lot 2 of Lot 1 of Lot 1 of Lot 1 in Mineral Lot
337 and Lot 5 in Wiegand's Subdivision, all in
the city of Dubuque, Iowa.
Lot 2 of Mineral Lot 382, Lots 1 and 2 of Lot 1
of Mineral Lot 383, Mineral Lot 384 and part of
Lot 1 of Lot 1 of Lot 2 of Mineral Lot 385 lying
south of Thirty Second Street, all in the city of
Dubuque, Iowa.
Waller -Cooper Park: Lots 26, 27 and 28 in Cooper Heights Addition
in the city of Dubuque, Iowa.
Washington Park:
An area bounded on the northerly side by West
Seventh Street, on the westerly side by Bluff
Street, on the southerly side by West Sixth
Street, and on the easterly side by Locust
Street.
Welu Park: Lot 22 of Sunset Park Eighth Addition to the city
of Dubuque, Iowa.
Westbrook Park:
Approximately three (3) acres within Lot A,
Block 1 of Westbrook Subdivision. (Ord. 42-13,
8-5-2013; amd. Ord. 23-17, 5-15-2017)
City of Dubuque
August 2017
10-7-1 10-7-2
CHAPTER 7
BOATS, BOATING AND WATERFRONT STRUCTURES
SECTION:
10-7- 1: Intent
10-7- 2: Definitions
10-7- 3: Unlawful Deposits
10-7- 4: Boat Landing Areas
10-7- 5: Mooring Of Boathouses And Floats Along Waterfront
10-7- 6: Floats, Boathouses Maintained In Orderly Condition
10-7- 7: Conducting Trade Or Business In Pleasure Craft Spaces
10-7- 8: Launching, Removing Boat From Water At Public Launching
Ramps
10-7- 9: Repairs To Boats At Public Launching Ramps
10-7-10: Water Operation Rules
10-7-11: Removal Of Sunken, Derelict Or Abandoned Craft
10-7-12: No Parking Areas
10-7-13: Places And Hours Of Restriction
10-7-14: Driving Over Ice
10-7-1: INTENT: The City Council desires to optimize the use of
waterfront property through careful management of land and
the effective maintenance of water frontage and harbors to maintain and
enhance the aesthetic characteristics of the waterfront. (2007 Code § 10-1)
10-7-2: DEFINITIONS: For the purposes of this chapter:
BOATHOUSE:
Any structure, floating house or floating shed of
any material used to enclose a boat or boats,
for the purposes of housing said boat or boats.
COMMERCIAL A harbor used exclusively for movement, stor-
HARBOR: age, loading and unloading of commercial prod-
ucts.
August 2017
City of Dubuque
10-7-2
FLOAT:
PLEASURE BOAT
HARBOR:
10-7-7
A platform without a superstructure, anchored
near a shoreline for use by boats.
A harbor used exclusively for the storage and
mooring of pleasure craft. (2007 Code § 10-21)
10-7-3: UNLAWFUL DEPOSITS: No person shall throw, place or
otherwise deposit or cause to be deposited any material of
any kind including human waste in the water or upon the shores thereof of
any waterfront or upon the shores thereof in such a position that such
articles, substances or materials may be washed into the water. (2007 Code
§ 10-22)
10-7-4: BOAT LANDING AREAS: The City Manager shall designate
public boat landing areas along the municipally owned
waterfront for pleasure craft and commercial vessels and mark all such
public boat landing areas with suitable signs delineating their boundaries.
(2007 Code § 10-23)
10-7-5: MOORING OF BOATHOUSES AND FLOATS ALONG
WATERFRONT:
A. No boathouses or floats shall be moored along the waterfront of the
City or in the Ice Harbor, nor shall any such boathouses or floats be
relocated to the waterfront or in the Ice Harbor without the written
permission of the City Manager.
B. Transfer of ownership of boathouses and floats owned and located
along the waterfront shall be prohibited. (2007 Code § 10-27)
10-7-6: FLOATS, BOATHOUSES MAINTAINED IN ORDERLY
CONDITION: All floats and boathouses moored along the
waterfront of the City shall be maintained in a neat and orderly condition,
properly painted and securely moored. (2007 Code § 10-28)
10-7-7: CONDUCTING TRADE OR BUSINESS IN PLEASURE
CRAFT SPACES: No person shall conduct any trade or busi-
ness in any pleasure craft space without first obtaining written permission to
do so from the City Manager. (2007 Code § 10-30)
August 2017
City of Dubuque
10-7-8 10-7-10
10-7-8: LAUNCHING, REMOVING BOAT FROM WATER AT PUB-
LIC LAUNCHING RAMPS:
A. No passenger shall occupy a motor vehicle being used to launch a
boat at any of the public ramps.
B. No passenger shall occupy a boat during the launching thereof or in
the removal of the boat from the water and the pulling of the boat up
the ramp. (2007 Code § 10-31)
10-7-9: REPAIRS TO BOATS AT PUBLIC LAUNCHING RAMPS:
Repair work to boats and motors shall not be conducted while
boats are tied to any public launching ramp except in those emergency
situations where reasonable likelihood of injury to property or persons
exists or would exist if the repairs were not made. (2007 Code § 10-32)
10-7-10: WATER OPERATION RULES: An owner or operator of a
watercraft operating in waters under the jurisdiction of the City
shall conform to the following rules:
A. Careful Operation: An operator of a motorboat or watercraft shall at
all times navigate such craft in a careful and prudent manner and at
such a rate of speed as not to endanger the lives or property of
others.
B. Areas Of No Wake Speed: An owner, operator or person in com-
mand or control of any powerboat shall operate the powerboat or
permit it to be operated at no wake speed in any of the following
areas:
1. Within one hundred feet (100') of any person in the water;
2. Within two hundred feet (200') of any quay or landing float to
which boats are made fast or that is used for embarking or
discharging passengers; and
3. In the Ice Harbor and Dove Harbor.
C. Obstructing Public Landings: No person shall anchor a boat for fish-
ing or other purposes on any body of water under the jurisdiction of
the City in such a position as to obstruct access to public landings.
August 2017
City of Dubuque
10-7-10 10-7-13
D. Precautions During Mooring: The operator of a boat or any other
type of watercraft, when mooring the craft, shall exercise reasonable
precautions to make sure that the vessel or craft will not go adrift,
and that the action of the water will not cause it to injure or endanger
the property of others. (2007 Code § 10-33)
10-7-11: REMOVAL OF SUNKEN, DERELICT OR ABANDONED
CRAFT: The City Manager may direct the removal and
destruction of any sunken, derelict or abandoned craft, float or boathouse
when the City Manager determines that the same constitutes a nuisance.
The owner of any such craft, float or boathouse shall remove the same
when directed to do so by the City Manager. (2007 Code § 10-34)
10-7-12: NO PARKING AREAS: The City Manager is hereby author-
ized and empowered to establish "no parking areas" on river -
front property areas and, when any such areas shall be established by ordi-
nance, and signs have been posted giving notice, it shall therefore be
unlawful for the owner or operator of any motor vehicle or boat trailer to
park the same in such areas. (2007 Code § 10-35)
10-7-13: PLACES AND HOURS OF RESTRICTION:
A. Watersports Prohibition: No person shall ice skate or operate a
vessel towing a person or persons on water skis, surfboard or similar
device, nor shall any person engage in waterskiing, motorized
personal watercraft operation, surfboarding (excluding paddle board-
ing) or similar activity at any time in the following areas:
1. Bissell Harbor.
2. Dove Harbor, Seventh Street area.
3. Dubuque Marina Harbor.
4. Heron Pond, located within Miller Riverview Park.
5. Ice Harbor including Port of Dubuque Marina.
6. John G. Bergfeld Recreation Area.
7. Maus Park.
August 2017
City of Dubuque
10-7-13 10-7-13
8. Northwest Arterial detention basin.
9. Schmitt Harbor.
10. 16th Street detention basin.
11. 32nd Street detention basin pond(s).
B. Swimming And Wading: No person shall swim or wade at any time in
the following areas:
1. Bee Branch Creek Greenway.
2. Bissell Harbor.
3. Dove Harbor, Seventh Street area.
4. Dubuque Marina Harbor.
5. Heron Pond, located within Miller Riverview Park.
6. Ice Harbor including Port of Dubuque Marina.
7. John G. Bergfeld Recreation Area.
8. Maus Park.
9. Miller Riverview Park.
10. Northwest Arterial detention basin.
11. Port of Dubuque Riverwalk Trail.
12. Rivers Edge Plaza.
13. Schmitt Harbor.
14. 16th Street detention basin.
15. 32nd Street detention basin pond(s).
C. Schmitt Harbor And Hawthorne Street Boat Ramps: No person shall
swim or ice skate within five hundred feet (500') of the Schmitt
Harbor Boat Ramp and the Hawthorne Street Boat Ramp.
August 2017
City of Dubuque
10-7-13 10-7-14
D. Hours: In all other areas under the jurisdiction of the City, no person
shall swim, ice skate or operate a vessel towing a person or persons
on water skis, surfboard or similar device, nor shall any person
engage in waterskiing, surfboarding (excluding paddle boarding) or
similar activity at any time between the hours of one-half (1/2) hour
after sunset to sunrise.
E. Commercial Use: Nothing herein shall prohibit access to the Ice
Harbor including the Port of Dubuque Marina for commercial use of
the facility. (Ord. 24-17, 5-15-2017)
10-7-14: DRIVING OVER ICE: No person shall operate a snowmobile
or motor vehicle of any kind on the ice surface of any water-
way. (2007 Code § 10-37)
August 2017
City of Dubuque
TABLE OF CONTENTS
TITLE 1
Administration
Dubuque City Code 1
Saving Clause 2
Definitions 3
General Penalty 4
Charter 5
Mayor And City Council 6
Rules And Procedure 6A
City Officers And Employees 7
Elections, Precincts And Wards 8
Evidentiary Hearings By
City Council 9
Miscellaneous Administrative
Provisions 10
Emergency Succession During
Disaster 11
TITLE 2
Boards And Commissions
Hearings And Appeals 1
Civil Service Commission 2
Investment Oversight Advisory.
Commission 3
Civic Center Advisory
Commission 4
Housing Agency And Community
Development Commissions 5
Municipal Housing Agency And
Governing Board (Rep. by Ord.
26-09, 6-1-2009) 5A
Housing Commission 5B
Community Development
Advisory Commission 5C
Trust Fund Advisory
Committee 5D
Resilient Community Advisory
Commission 6
Board Of Library Trustees 7
Arts And Cultural Affairs
Advisory Commission 8
Sister City Relationships
Advisory Commission 9
Safe Community Advisory
Committee (Rep. by Ord.
65-12, 12-17-2012) 10
Cable Television Commission 11
TITLE 3
Revenue And Taxation
Property Tax 1
Revitalization Areas 2
Hotel And Motel Tax 3
Economic Development 4
Industrial Projects 4A
Enterprise Zone Commission
(Rep. by Ord. 43-14,
6-7-2014) 4B
Speculative Shell Buildings
Of Community Development
Organizations And For Profit
Entities 4C
Residential Relocation
Assistance Program 4D
TITLE 4
Business And License Regulations
Business Licenses Generally 1
Liquor Control 2
Alcoholic Beverages 2A
Liquor, Beer And Wine
Licenses And Permits 2B
Excursion Boat Admission Fees 3
Central Market 4
Solicitor's License 5
Pawnbrokers And Secondhand
Dealers; Junk And Auto
Salvage Dealers 6
Pawnbrokers And Second-
hand Dealers 6A
Junk Dealers And Auto
Salvage Dealers 6B
August 2017
City of Dubuque
TITLE 4 (cont.)
Vehicles For Hire And Public
Transportation
Nonmotorized Vehicles
Motorized Vehicles For Hire ..
Adult Entertainment Establish-
ments
Offenses 5
General Offenses 5A
Drug Paraphernalia 5B
7 Crime Property 5C
7A Parental Responsibility 5D
7B Social Host Responsibility 5E
Animal Control 6
8 Miscellaneous Provisions 6A
Dogs And Cats 6B
Rabies Control 6C
Dangerous Animals 6D
Potentially Vicious Dogs 6E
Vicious Dogs And Cats 6F
Bicycles 7
TITLE 5
Transit System
Transit Advisory Board 1
TITLE 6
Health, Housing, Sanitation
And Environment
Health And Safety Regulations 1
Food Establishments And Hotel
Sanitation 2
Ambulances 3
Nuisances 4
Noises 5
Housing Regulations (Rep. by
Ord. 8-16, 4-4-2016,
eff. 7-1-2016) 6
Hazardous Waste, Substances
And Conditions 7
Trees And Weeds 8
Fire Prevention Regulations 9
TITLE 7
Police, Fire And Public Safety
Police Department 1
Fire Department 2
Emergency Management 3
Alarm System Permits 4
August 2017
TITLE 8
Human Rights
Definitions; General Provisions 1
Human Rights Commission 2
Unfair And Discriminatory
Practices 3
Disability Discrimination 3A
Enforcement Of Civil Rights 4
Fair Housing 5
TITLE 9
Motor Vehicles And Traffic
General Provisions 1
Registration, Certification Of
Title, And Proof Of Security
Against Financial Liability 2
Special Antitheft Law 3
Drivers' Licenses 4
Obedience To And Effect Of
Traffic Laws 5
Powers Of Local Authorities 6
Operation 7
Pedestrians' Rights And Duties 8
Special Stops Required 9
City of Dubuque
TITLE 9 (cont.)
Miscellaneous Rules 10
School Buses 11
Equipment 12
Size, Weight And Load 13
Parking 14
Impoundment Of Vehicles 15
Miscellaneous City Provisions 16
TITLE 10
Public Ways And Property
Streets, Sidewalks And Other
Public Places 1
Excavations 2
Encroachments On Public Places 3
Waste Collection Receptacles 3A
Newsracks 3B
Projecting Signs 3C
Other Encroachments 3D
Sidewalk Cafes 3E
Mailboxes 3F
Parades, Assemblies And
Special Events 4
Parks And Recreation 5
Administration 5A
Use Regulations 5B
Specific Parks, Open Spaces
And Trails 5C
Railroads 6
Boats, Boating And Waterfront
Structures 7
Valet Drop Off Parking;
Permit Requirements 8
TITLE 11
Rights -Of -Way
Nonfranchised Communications
Systems 1
Cable Right -Of -Way Regulations .. 2
Cable Communications 2A
Open Video Systems 2B
Cable Television 3
Cable Franchise Agreement ... 3A
Community Teleprogramming
Commission (Rep. by
Ord. 5-12, 2-6-2012) 3B
Cable Regulatory Commission
(Rep. by Ord. 5-12, 2-6-2012) 3C
Rates And General
Regulations 3D
Cable Services Customer
Service Standards 3E
Gas Franchise 4
Electric Franchises 5
Interstate Power And Light
Company 5A
Maquoketa Valley Electric
Cooperative 5B
Procedure For Licensing
Electric Transmission
Line Companies 6
TITLE 12
Airport
Administration And Enforcement 1
General Regulations 2
Airport Zoning Regulations 3
Airport Commission 4
Airport Zoning Commission 5
Airport Zoning Board Of
Adjustment 6
TITLE 13
Public Utilities
Water Use And Service 1
Connections 1A
Water Meters 1B
August 2017
City of Dubuque
TITLE 13 (cont.)
Rates 1C
Cross Connection Control 1D
Sewers And Sewage Disposal 2
Discharge Regulations 2A
Private Disposal Systems;
Private Haulers 2B
Rates 2C
Industrial Pretreatment
Program 2D
Fats, Oils And Greases
(FOG) Program 2E
Gas Main Connections 3
Stormwater Management 4
Illicit Connections And
Discharges To Storm Sewer
System 5
Solid Waste 6
City Or Private Collection
Service 6A
TITLE 14
Building And Development
Building Codes 1
Building Code And Regulations 1A
Residential Code 1B
Energy Conservation Code . 10
Electrical Code 1D
Fire Code And Regulations . 1 E
Mechanical Code 1F
Fuel Gas Code 1G
Plumbing Code 1H
Accessibility Code For Readily
Achievable Changes 11
Property Maintenance Code 1J
Building Construction, Demoli-
tion And Moving 2
Dangerous Buildings 3
Licensing Of Vacant And/Or
Abandoned Buildings 4
Historic Buildings 5
August 2017
Historic Preservation (Rep. by
Ord. 52-09, 10-19-2009) 6
Condominium Conversions And
Transfers To Multiple
Housing Cooperative 7
Exterior Storage Containers
And Storage Trailers 8
Swimming Pools 9
Signs (Rep. by Ord. 52-09,
10-19-2009) 10
Flood Areas 11
Erosion And Sediment Control . . 12
Solar Thermal Licenses 13
Solar Thermal System Permits
And Inspections 14
Water 15
TITLE 15
Planning And Zoning
Comprehensive Plan 1
Long Range Planning Advisory
Commission 2
TITLE 16
Unified Development Code
PART I. GENERAL PROVISIONS
Title, Purpose And General
Provisions 1
Definitions 2
PART II. LAND USE REGULATIONS
Land Use General Provisions 3
Nonconformities 4
Zoning Districts 5
Overlay Districts 6
Supplemental Use Regulations 7
Zoning Board Of Adjustment
Applications And Procedures 8
City of Dubuque
TITLE 16 (cont.)
Zoning Advisory Commission
Applications And Procedures .... 9
Historic Preservation Commission
Applications And Procedures ... 10
PART III. LAND DEVELOPMENT
REGULATIONS
Land Subdivision 11
Site Plans 12
Site Design Standards 13
Parking 14
Signs 15
INDEX
City of Dubuque
August 2017
13-6A-1 13-6A-2
CHAPTER 6
SOLID WASTE
ARTICLE A. CITY OR PRIVATE COLLECTION SERVICE
SECTION:
13-6A-1:
13-6A-2:
13-6A-3:
13-6A-4:
13-6A-5:
13-6A-6:
13-6A-7:
13-6A-8:
13-6A-9:
City Manager's Authority Generally
Availability Of Collection Service
Frequency, Time And Areas Of Collection
Placement Of Containers For Collection
Ownership Of Materials; Unauthorized Collecting Prohibited
Rates And Charges Established; Exceptions
Charges; Billing And Collection
Yard Waste And Food Scraps
Private Collection Service
13-6A-1: CITY MANAGER'S AUTHORITY GENERALLY: The City
Manager is hereby authorized and directed to employ City
owned vehicles and equipment and the necessary operating personnel to
collect solid waste, yard waste and recyclable materials and to collect fees
and administer the program as provided for in this article in the City, upon
the terms and conditions of this article. (2007 Code § 40-31)
13-6A-2: AVAILABILITY OF COLLECTION SERVICE:
A. Class I Premises: City solid waste collection from residential prem-
ises as defined in section 13-6-1 of this chapter shall be mandatory.
B. Class II Premises: Class II premises not serviced by City solid waste
collection services may apply to the City Manager for such collection
services. The collection rate shall be determined according to the fee
schedule set forth in section 13-6A-6 of this article.
C. Refusal Of Service: The City Manager may refuse solid waste collec-
tion service because of quantities or characteristics beyond the
August 2017
City of Dubuque
13-6A-2 13-6A-4
capacity or capability to be handled efficiently or safely by City
personnel and equipment. (2007 Code § 40-32)
13-6A-3: FREQUENCY, TIME AND AREAS OF COLLECTION:
A. Frequency And Time Of Collection: Collections shall be made not
more than once weekly at such time and in such areas of the City as
shall be determined and set out in schedules prepared by the City
Manager in accordance with the provisions of this article. All collec-
tions shall be made between the hours of six o'clock (6:00) A.M. and
nine o'clock (9:00) P.M.
B. Collection Schedule: The collection schedule shall not include official
City holidays unless otherwise determined by the City Manager.
However, a Saturday may be substituted as the collection day to
replace the collection which would otherwise be made on the day of
the week the holiday occurs.
C. Authority To Change Schedule: The City Manager is hereby author-
ized and empowered to change or amend the collection schedules
from time to time as the City Manager may deem necessary. (2007
Code § 40-33)
13-6A-4: PLACEMENT OF CONTAINERS FOR COLLECTION:
A. Alleys: Where collections are made from alleys, solid waste con-
tainers shall be placed in one (1) location for each dwelling, in clear
view and at the owner's property line abutting the alley and on the
days designated in said schedule.
B. Streets: Where collections are made from the street, solid waste
containers shall be placed in one (1) location for each dwelling, in
clear view and in the street right-of-way on the owner's property side
of the curb and on the days designated in said schedule. Such con-
tainers shall be placed so as not to interfere with vehicular and
pedestrian traffic and when emptied shall be promptly removed by
the owner.
C. Time Limit For Placement Of Containers On Streets: No person shall
place solid waste or recycling at the street for collection more than
twenty four (24) hours before the scheduled collection day. No
person shall leave solid waste containers or recycling containers at
August 2017
City of Dubuque
13-6A-4 13-6A-6
the street for more than twenty four (24) hours after the scheduled
collection day.
D. Early Placement: All solid waste shall be placed at the designated
collection location for City collection by six o'clock (6:00) A.M. on the
scheduled collection day.
E. Duty When Solid Waste Not Collected: Any solid waste not in
compliance with this chapter shall not be collected by the City and
shall be removed by the owner within twenty four (24) hours after the
scheduled collection day and stored in such a manner as not to
create a health, safety or fire hazard. (Ord. 27-17, 6-5-2017)
13-6A-5: OWNERSHIP OF MATERIALS; UNAUTHORIZED COL-
LECTING PROHIBITED: From the time of placement for col-
lection as provided in section 13-6A-4 of this article, all solid waste and
recyclable materials and recycling containers which meet the requirements
of this chapter placed for collection by the City shall become and be the
property of the City and it shall be a violation of this section for any person
other than authorized personnel of the City to collect, pick up, or cause to
be collected or picked up, any such materials. (2007 Code § 40-35)
13-6A-6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS:
A. Class I Premises: Except as qualified below, a fee of fifteen dollars
eleven cents ($15.11) per dwelling unit per month shall be paid to
the City by the property owner of each Class I premises for such
services. Said fee shall be in payment for collection and disposal of
one (1) 35 -gallon can or one (1) 35 -gallon trash bag of "solid waste"
as defined in this chapter. There is no limit on the number of bins
allowed to be collected containing acceptable "recyclable materials"
as defined in this chapter. Exceptions to the collection charges for
Class I premises are as follows: (Ord. 9-17, 3-7-2017, eff. 7-1-2017)
1. When a Class I premises has been vacant for a period not less
than three (3) consecutive months, the owner may apply to the City
Manager for a credit under procedures to be established by the City
Manager. Such credit shall continue only so long as the Class I
premises is vacant.
2. Class I premises when the head of the household is sixty five (65)
years of age or older and has an annual income equal to or less
August 2017
City of Dubuque
13-6A-6 13-6A-6
than the income standards used by HUD for its "Section 8 Housing
Program" for one (1) and two (2) person households may, upon
application to the City Manager, be exempted from one-half (1/2) the
established collection charge. After the initial application, annual
application shall be made by the head of household on July 1 of
each year to verify annual income and eligibility.
3. In cases of extreme financial hardship, the City Manager may, and
is hereby authorized and empowered to, make adjustments in the
monthly collection charges as the City Manager may deem appropri-
ate. In such cases, the City Manager shall have the authority to
require such proof of vacancy, financial status, age or extreme
hardship, as the City Manager may deem necessary.
4. Class I premises when a family household of five (5) or more
persons has an annual income equal to or less than the income
standards used by HUD for its "Section 8 Housing Program" for the
size of that household may, upon application to the City Manager, be
exempted from one-half (1/2) the established collection charge. After
the initial application, annual application shall be made by the head
of household on July 1 of each year to verify annual income and
eligibility. (Ord. 4-16, 3-14-2016, eff. 7-1-2016)
B. Class II Premises:
1. A fee of fifteen dollars eleven cents ($15.11) per month shall be
paid to the City by the property owner of each Class II premises for
such services. Said fee shall be in payment for collection and
disposal of one (1) 35 -gallon can or one (1) 35 -gallon trash bag of
"solid waste" as defined. There is no limit on the number of bins
allowed to be collected containing acceptable "recyclable materials"
as defined. (Ord. 9-17, 3-7-2017, eff. 7-1-2017)
2. The owner of a Class II premises served by the City solid waste
collection may provide the City Manager with not less than fourteen
(14) days' written notice of intent to terminate the service. Such
termination of service shall be effective at the beginning of the next
billing period after such fourteen (14) day notice period. (Ord. 4-16,
3-14-2016, eff. 7-1-2016)
C. Class III Premises:
1. A fee of fifteen dollars eleven cents ($15.11) per month shall be
paid to the City by the property owner of each Class III premises for
such services. Said fee shall be in payment for collection and
August 2017
City of Dubuque
13-6A-6 13-6A-6
disposal of one (1) 35 -gallon can or one (1) 35 -gallon trash bag of
"solid waste" as defined. There is no limit on the number of bins
allowed to be collected containing acceptable "recyclable materials"
as defined. (Ord. 9-17, 3-7-2017, eff. 7-1-2017)
August 2017
City of Dubuque
14-1A-6 14-1A-6
f. Two (2) representatives must have knowledge of Americans
With Disabilities Act regulations to represent the interests of persons
with disabilities.
F. Oath: Each person, upon appointment or reappointment to the board,
must execute an oath of office at the first meeting of the board
following the appointment or reappointment or at the City Clerk's
Office any time prior to the first meeting of the board.
G. Terms: The term of office for members of the board is three (3) years
or until such member's successor is appointed and qualified.
H. Vacancies: Vacancies must be filled in the same manner as original
appointments.
Officers/Organization: The board must choose annually a Chair-
person and Vice Chairperson, each to serve a term of one (1) year.
The Chairperson must appoint a Secretary, who need not be a mem-
ber of the board. The board must fill a vacancy among its officers for
the remainder of the officer's unexpired term.
J. Meetings:
1. Regular Meetings: The board must meet upon call of the Chair-
person, Secretary, or City Manager.
2. Special Meetings: Special meetings may be called by the Chair-
person or at the written request of a majority of the members.
3. Open Meetings: All meetings must be called and held in confor-
mance with the Iowa Open Meetings Law.
4. Attendance:
a. In the event a member of the board has been absent for three
(3) or more consecutive meetings of the board, without being
excused by the Chairperson, such absence will be grounds for the
board to recommend to the City Council that the position be declared
vacant and a replacement appointed.
b. Attendance must be entered upon the minutes of all meetings.
5. Minutes: A copy of the minutes of all regular and special meetings
of the board must be filed with the City Council within ten (10)
August 2017
City of Dubuque
14-1A-6 14-1A-6
working days after each meeting, or by the next regularly scheduled
City Council meeting, whichever is later.
6. Quorum: For meetings where the agenda does not include the
review of any Americans With Disabilities Act issues, three (3)
members of the board constitute a quorum for the transaction of
business. For meetings where the agenda does include the review of
any Americans With Disabilities Act issues, four (4) members of the
board and at least one (1) of the Americans With Disabilities Act
representatives must be in attendance to constitute a quorum for the
transaction of business. An affirmative vote of a majority of the
members present and voting is necessary for the adoption of any
motion or resolution.
K. Compensation: Members serve without compensation, provided that
they may receive reimbursement for necessary travel and other
expenses while on official board business within the limits estab-
lished in the City administrative policies and budget.
L. Removal: The City Council may remove any member for cause upon
written charges and after a public hearing. (Ord. 21-16, 6-6-2016,
eff. 7-1-2016)
M. Powers: The board has the following powers, duties, and responsi-
bilities:
1. Any person who is aggrieved by a decision of the building official
on any requirements resulting from the enforcement of the Building
Code may appeal from such decision to the Building Code Board and
said board shall serve as an Appeal Board. In case the aggrieved
party is a member of said board, said member shall be disqualified
as a member of the board acting as an Appeal Board, until the
person aggrieved has been heard and a decision rendered.
The appeal must be made by the person aggrieved, giving written
notice of such appeal to the building official within twenty (20) days
of receipt of decision from which the appeal is taken. The Building
Code Board sitting as an Appeal Board shall meet not less than
thirty (30) nor more than ninety (90) days after receiving such notice
and render a decision within five (5) working days thereafter. Any
interested party, including the building official, shall have the right to
present their case to the Appeal Board, whose decision shall be final
unless appealed to the District Court as provided by law.
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The Board of Appeals may reverse or modify a decision of the build-
ing official only on finding that:
a. The building official had incorrectly interpreted the provision
of this Code; or
b. The decision of the building official creates an unnecessary
hardship upon the appellant.
The Board of Appeals shall require that sufficient evidence or proof
be submitted to substantiate any claims made regarding the use of
alternates.
All appeal hearings shall be conducted in accordance with the proce-
dures specified in this Code.
On issues before the board involving the Americans With Disabilities
Act the board may elect to seek input from Americans With Disabili-
ties Act advocates in the community. If the board elects to seek input
from Americans With Disabilities Act advocates in the community,
the board shall consult with a minimum of two (2) individuals. (Ord.
34-17, 7-5-2017)
N. Limitations Of Authority: The Board of Appeals shall have no
authority relative to interpretation of the administrative provisions of
this Code nor shall the board be empowered to waive requirements
of this Code.
In so modifying or reversing such decision of the building official, the
Board of Appeals may authorize any alternate to the decision of the
building official and the provisions, provided it finds the proposed
material or method of construction is satisfactory for the use
intended and complies with the provisions of this Code, and that the
material, method, or work offered is, for the purpose intended, at
least equivalent to that prescribed by this Code in suitability,
strength, effectiveness, durability, fire resistance, and safety. (Ord.
21-16, 6-6-2016, eff. 7-1-2016)
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4. Attendance:
a. In the event a member of the board has been absent for three
(3) or more consecutive meetings of the board, without being
excused by the Chairperson, such absence will be grounds for the
board to recommend to the City Council that the position be declared
vacant and a replacement appointed.
b. Attendance must be entered upon the minutes of all meetings.
5. Minutes: A copy of the minutes of all regular and special meetings
of the board must be filed with the City Council within ten (10)
working days after each meeting, or by the next regularly scheduled
City Council meeting, whichever is later.
6. Quorum: Four (4) members of the board constitute a quorum for
the transaction of business. The affirmative vote of a majority of the
members present and voting is necessary for the adoption of any
motion or resolution.
K. Compensation: Members serve without compensation, provided that
they may receive reimbursement for necessary travel and other
expenses while on official board business within the limits estab-
lished in the City administrative policies and budget. (Ord. 4-15,
1-5-2015)
L. Removal: Except as provided in subsection J4a of this section, the
City Council may remove any member for good cause. (Ord. 33-15,
5-18-2015)
M. Powers: The board has the following powers, duties, and responsi-
bilities:
1. Any person who is aggrieved by a decision of the building official
on any requirements resulting from the enforcement of this Code
may appeal from such decision to the board and the board will serve
as an Appeal Board. In case the aggrieved party is a member of the
board, that member is disqualified as a member of the board acting
as an Appeal Board until the appeal has been heard and a decision
rendered.
The appeal must be made by the person aggrieved giving written
notice of such appeal to the building official within twenty (20) days
of receipt of the decision from which the appeal is taken. The board,
sitting as an Appeal Board, must meet not less than thirty (30) nor
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more than ninety (90) days after receiving such notice and render a
decision within five (5) business days after the hearing. The decision
of the board is final unless appealed to the District Court as provided
by law.
The board, after hearing an appeal, has the authority to:
a. Uphold Decision: Uphold the decision of the building official.
b. Reverse/Modify Decision: Reverse or modify the decision of
the building official but only on finding that the building official
incorrectly interpreted the provision of this Code.
c. Limitations Of Authority: The board has no authority to inter-
pret the administrative provisions of this Code nor is the board
empowered to waive any requirements of this Code. In modifying or
reversing a decision of the building official, the board may authorize
an alternative material or method of construction, provided the board
finds the proposed material or method of construction is satisfactory
for the use intended and complies with the provisions of this Code
and that the material or method is, for the purpose intended, at least
equivalent to that prescribed by this Code in suitability, strength,
effectiveness, durability, and safety.
All appeals must be conducted in accordance with the procedures
specified in this Code. (Ord. 34-17, 7-5-2017)
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B. Membership: The Mechanical and Plumbing Code Board shall con-
sist of seven (7) residents of the City, appointed by the City Council
for a term of three (3) years or until such member's successor is
appointed and qualified. Vacancies must be filled in the same
manner as original appointments.
1. Special qualifications:
a. Two (2) at large members;
b. Five (5) members who possess a minimum of one (1) of the
following requirements: minimum of five (5) years' working experi-
ence in the plumbing or mechanical trade, hold a State certification
as a mechanical or plumbing contractor, licensed mechanical or
hydraulic engineer, or any combination thereof.
c. Members must be eighteen (18) years of age or older.
C. Oath: Each person, upon appointment or reappointment to the board,
must execute an oath of office at the first meeting of the board
following appointment or reappointment or at the City Clerk's Office
any time prior to the first meeting of the board following the
appointment or reappointment.
D. Officers/Organization: The board must choose annually a Chair-
person and Vice Chairperson, each to serve a term of one (1) year.
The Code official is the Secretary of the board. The board must fill a
vacancy among its officers for the remainder of the officer's
unexpired term.
E. Compensation: Members serve without compensation, provided that
they may receive reimbursement for necessary travel and other
expenses while on official board business within the limits estab-
lished in the City administrative policies and budget.
F. Disqualification Of Member: A member shall not hear an appeal in
which that member has a personal, professional, or financial interest.
G. Application For Appeal:
1. Any person affected by a decision of the Code official or a notice
or order issued under this Code shall have the right to appeal to the
Mechanical and Plumbing Code Board, provided a written application
for appeal is filed within twenty (20) days after the day the decision,
notice, or order was served.
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2. An application for appeal shall be based on a claim that the true
intent of this Code or the rules legally adopted thereunder have been
incorrectly interpreted, the provisions of this Code do not fully apply,
or an equally good or better form of construction is proposed.
H. Limitations On Authority (Board Powers):
1. The board has the following powers, duties, and responsibilities:
a. To advise the City Council on all Mechanical and Plumbing
Code regulations and procedures.
b. To serve as an appeal body for the decisions of the Code offi-
cial or the Code official's designee.
c. To provide for reasonable interpretations of the Mechanical
and Plumbing Code.
The Mechanical and Plumbing Code Board does not have the
authority to waive the requirements of this Code. (Ord. 54-16,
10-17-2016)
Notice Of Meeting: The board shall meet upon notice from the Chair-
man, within not less than thirty (30) days and not more than ninety
(90) days of the filing of an appeal, at stated periodic meetings, or at
the written request of a majority of the members. (Ord. 34-17,
7-5-2017)
J. Open Hearing:
1. Hearings before the board shall be open to the public and in
compliance with the provisions of the Iowa Open Meetings Law.
2. The appellant, the appellant's representative, the Code official,
and any person whose interests are affected shall be given an
opportunity to be heard. (Ord. 54-16, 10-17-2016)
K. Hearing Procedure:
1. Procedures: The board shall adopt and make available to the pub-
lic through the Secretary procedures under which a hearing will be
conducted. The procedures shall not require compliance with strict
rules of evidence, but shall mandate that only relevant information
be received.
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2. Quorum: Four (4) members constitute a quorum for the transac-
tion of business. The affirmative vote of a majority of the members
present and voting is necessary for the adoption of any motion or
resolution.
3. Attendance: Members of the board shall attend at least two-thirds
(2/3) of all regularly scheduled and held meetings within a twelve (12)
month period. If any member does not attend such prescribed num-
ber of meetings, it shall constitute grounds for the board to
recommend to the City Council that the member be replaced. The
attendance of all members shall be entered upon the minutes of all
meetings.
4. Minutes: The Code official shall file with the City Council a copy of
the minutes of each meeting of the board within ten (10) working
days after each such meeting, or by the next regularly scheduled
City Council meeting, whichever is later.
5. Policies: All administrative, personnel, accounting, budgetary, and
procurement policies of the City shall govern the board in its opera-
tions.
6. Removal: The City Council may remove any member for cause
upon written charges and after a public hearing. (Ord. 34-17,
7-5-2017)
L. Postponed Hearing: Either the City or the appellant may request a
postponement of a hearing subject to the approval of the Code offi-
cial. In no event may a postponement exceed ninety (90) days
beyond the date of the appeal.
M. Board Decision On Appeals: The board may, by majority vote, affirm,
modify, or reverse the decision of the Code official.
N. Resolution: The decision of the board shall be by resolution. A
written copy shall be furnished to the appellant and placed in the
board's records.
O. Administration: The Code official shall take immediate action in
accordance with the decision of the board.
P. Court Review: Any person, whether or not a previous party to the
appeal, shall have the right to apply to the appropriate court for a
writ of certiorari to correct errors of law. Application for review shall
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14-1F-4 14-1F-4
be made in the manner and time required by law following the filing
of the decision in the office of the Code official.
Q. Stays Of Enforcement: Appeals of notice and orders (other than
imminent danger notices) shall stay the enforcement of the notice
and order until the appeal is heard by the Appeals Board. (Ord.
54-16, 10-17-2016)
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14-1H-7 14-1H-7
b. Five (5) members who possess a minimum of one (1) of the
following requirements: minimum of five (5) years' working experi-
ence in the plumbing or mechanical trade, hold a State certification
as a mechanical or plumbing contractor, licensed mechanical or
hydraulic engineer, or any combination thereof.
c. Members must be eighteen (18) years of age or older.
C. Oath: Each person, upon appointment or reappointment to the board,
must execute an oath of office at the first meeting of the board
following appointment or reappointment or at the City Clerk's Office
any time prior to the first meeting of the board following the
appointment or reappointment.
D. Officers/Organization: The board must choose annually a Chair-
person and Vice Chairperson, each to serve a term of one (1) year.
The Code official is the Secretary of the board. The board must fill a
vacancy among its officers for the remainder of the officer's
unexpired term.
E. Compensation: Members serve without compensation, provided that
they may receive reimbursement for necessary travel and other
expenses while on official board business within the limits estab-
lished in the City administrative policies and budget.
F. Disqualification Of Member: A member shall not hear an appeal in
which that member has a personal, professional, or financial interest.
G. Application For Appeal:
1. Any person affected by a decision of the Code official or a notice
or order issued under this Code shall have the right to appeal to the
Mechanical and Plumbing Code Board, provided a written application
for appeal is filed within twenty (20) days after the day the decision,
notice, or order was served.
2. An application for appeal shall be based on a claim that the true
intent of this Code or the rules legally adopted thereunder have been
incorrectly interpreted, the provisions of this Code do not fully apply,
or an equally good or better form of construction is proposed.
H. Limitations On Authority (Board Powers):
1. The board has the following powers, duties, and responsibilities:
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14-1H-7 14-1H-7
a. To advise the City Council on all Mechanical and Plumbing
Code regulations and procedures.
b. To serve as an appeal body for the decisions of the Code
official or the Code official's designee.
c. To provide for reasonable interpretations of the Mechanical
and Plumbing Code.
The Mechanical and Plumbing Code Board does not have the
authority to waive the requirements of this Code. (Ord. 55-16,
10-17-2016)
Notice Of Meeting: The board shall meet upon notice from the Chair-
man, within not less than thirty (30) days and not more than ninety
(90) days of the filing of an appeal, at stated periodic meetings, or at
the written request of a majority of the members. (Ord. 34-17,
7-5-2017)
J. Open Hearing:
1. Hearings before the board shall be open to the public and in
compliance with the provisions of the Iowa Open Meetings Law.
2. The appellant, the appellant's representative, the Code official,
and any person whose interests are affected shall be given an
opportunity to be heard. (Ord. 55-16, 10-17-2016)
K. Hearing Procedure:
1. Procedures: The board shall adopt and make available to the pub-
lic through the Secretary procedures under which a hearing will be
conducted. The procedures shall not require compliance with strict
rules of evidence, but shall mandate that only relevant information
be received.
2. Quorum: Four (4) members constitute a quorum for the trans-
action of business. The affirmative vote of a majority of the members
present and voting is necessary for the adoption of any motion or
resolution.
3. Attendance: Members of the board shall attend at least two-thirds
(2/3) of all regularly scheduled and held meetings within a twelve (12)
month period. If any member does not attend such prescribed
number of meetings, it shall constitute grounds for the board to
August 2017
City of Dubuque
14-1H-7 14-1H-7
recommend to the City Council that the member be replaced. The
attendance of all members shall be entered upon the minutes of all
meetings.
4. Minutes: The Code official shall file with the City Council a copy of
the minutes of each meeting of the board within ten (10) working
days after each such meeting, or by the next regularly scheduled
City Council meeting, whichever is later.
5. Policies: All administrative, personnel, accounting, budgetary, and
procurement policies of the City shall govern the board in its
operations.
6. Removal: The City Council may remove any member for cause
upon written charges and after a public hearing. (Ord. 34-17,
7-5-2017)
L. Postponed Hearing: Either the City or the appellant may request a
postponement of a hearing subject to the approval of the Code offi-
cial. In no event may a postponement exceed ninety (90) days
beyond the date of the appeal.
M. Board Decision On Appeals: The board may, by majority vote, affirm,
modify, or reverse the decision of the Code official.
N. Resolution: The decision of the board shall be by resolution. A
written copy shall be furnished to the appellant and placed in the
board's records.
O. Administration: The Code official shall take immediate action in
accordance with the decision of the board.
P. Court Review: Any person, whether or not a previous party to the
appeal, shall have the right to apply to the appropriate court for a
writ of certiorari to correct errors of law. Application for review shall
be made in the manner and time required by law following the filing
of the decision in the office of the Code official.
Q. Stays Of Enforcement: Appeals of notice and orders (other than
imminent danger notices) shall stay the enforcement of the notice
and order until the appeal is heard by the Appeals Board. (Ord.
55-16, 10-17-2016)
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14-1J-2 14-1J-2
6. Licensed Rental Units:
a. All rental units are subject to regular inspection and follow up re-
inspection as necessary.
b. Not less than seven (7) calendar days prior to a scheduled inspec-
tion, the city will by regular mail to the license holder and any known
tenants notice of the date and time of a scheduled inspection. If the
license holder or an authorized representative of the license holder
is not present at the time of the scheduled inspection and the
(
inspector is unable to obtain entry to the rental unit, a second
inspection will be scheduled.
(1) The license holder may cancel a scheduled inspection once with-
out payment of a rescheduling fee, provided the city manager or the
city manager's designee is notified of the cancellation not less than
two (2) business days prior to the scheduled inspection.
Section 106.2. Notice Of Violation. Amended to read:
106.2. Notice Of Violation. A notice of violation is not required in
every situation and city staff may issue a municipal infraction without
previously issuing a notice of violation. The code official may serve a
notice of violation or order in accordance with section 107.
Section 107.1. Notice To Person Responsible. Amended to read:
107.1. Notice To Person Responsible. Whenever the code official
determines that there has been a violation of this code or has
grounds to believe that a violation has occurred, notice may be given
in the manner prescribed in sections 107.2 and 107.3 to the person
responsible for the violation as specified in this code. Notices for
condemnation procedures shall also comply with section 108.3.
Section 111.1. Application For Appeal. Amended to read as follows:
111.1. Application For Appeal.
A. Any person directly affected by a decision of the code official or a
notice or order issued under this code shall have the right to appeal
to the applicable board of appeals, provided a written application for
appeal is filed within 20 days after the day the decision, notice or
order was served. An application for appeal shall be based on a
claim that the true intent of this code or the rules legally adopted
thereunder have been incorrectly interpreted, the provisions of this
August 2017
City of Dubuque
14-1J-2 14-1J-2
code do not fully apply, or the requirements of this code are ade-
quately satisfied by other means.
B. There will be two boards for hearing appeals on matters covered
by the property maintenance code.
1. The building code advisory and appeal board will hear appeals
related to matters under the purview of the building services
department including, but not limited to residential, multi -residential,
commercial, and industrial property. The building code advisory and
appeal board will use the provisions of 14-1A-6 of the city of
Dubuque code of ordinances for the handling of appeals.
2. The housing board of appeals will hear appeals related to matters
under the purview of the housing & community development depart-
ment, including but not limited to residential property and rental
housing. The housing board of appeals will use the provisions of
14-1J-7 of the city of Dubuque code of ordinances for the handling of
appeals.
(Ord. 30-16, 6-20-2016, eff. 7-1-2016)
Sections 111.2 through 111.8 replaced with city of Dubuque code of ordi-
nances section 14-1J-7 when under the purview of the Housing Department
and section 14-1A-6 of the city of Dubuque code of ordinances when under
the purview of the Building Services Department.
(Ord. 34-17, 7-5-2017)
Section 202. Definitions. Amended to add definitions for building official,
elevated blood level and lead based paint and modify the definition of code
official and habitable space:
Building Official. See "Code Official".
Code Official. The officer, officers, or other designated authorities
charged with the administration and enforcement of this code, or a
duly authorized representative. Any reference to "building official" in
this code refers to "code official".
Elevated Blood Level. A confirmed concentration of lead in whole
blood of 20 .g/dI (micrograms of lead per deciliter of whole blood) or
greater for a single test; or of 15-19 .g/dI in two (2) consecutive tests
three (3) to four (4) months apart.
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14-1J-2 14-1J-2
Habitable Space. Space in a structure for living, sleeping, or eating.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and
similar areas are not considered habitable spaces.
Lead Based Paint. A paint surface, whether or not defective, identi-
fied as having a lead content greater than or equal to one mg/cm2
August 2017
City of Dubuque
r
i
14-1J-7 14-1J-7
H. Limitations On Authority (Board Powers):
1. The board has the following powers, duties, and responsibilities:
a. To advise the City Council on all property maintenance
matters under the purview of the Housing and Community Develop-
ment Department.
b. To serve as an appeal body for the decisions of the Code offi-
cial.
c. To provide for reasonable interpretations of the Property
Maintenance Code on matters under the purview of the Housing and
Community Development Department.
The Housing Board of Appeals does not have the authority to waive
the requirements of this Code. (Ord. 30-16, 6-20-2016, eff. 7-1-2016)
I. Notice Of Meeting: The board shall meet upon notice from the Chair-
man, within not less than ten (10) days and not more than ninety
(90) days of the filing of an appeal, at stated periodic meetings, or at
the written request of a majority of the members. (Ord. 34-17,
7-5-2017)
J. Open Hearing:
1. Hearings before the board shall be open to the public and in
compliance with the provisions of the Iowa Open Meetings Law.
2. The appellant, the appellant's representative, the Code official,
and any person whose interests are affected shall be given an
opportunity to be heard. (Ord. 30-16, 6-20-2016, eff. 7-1-2016)
K. Hearing Procedure:
1. Procedure: The board shall adopt and make available to the public
through the Secretary procedures under which a hearing will be con-
ducted. The procedures shall not require compliance with strict rules
of evidence, but shall mandate that only relevant information be
received.
2. Quorum: Three (3) members constitute a quorum for the transac-
tion of business. The affirmative vote of a majority of the members
present and voting is necessary for the adoption of any motion or
resolution.
August 2017
City of Dubuque
14-1J-7 14-1J-7
3. Attendance: Members of the board shall attend at least two-thirds
(2/3) of all regularly scheduled and held meetings within a twelve (12)
month period. If any member does not attend such prescribed
number of meetings, it shall constitute grounds for the board to
recommend to the City Council that the member be replaced. The
attendance of all members shall be entered upon the minutes of all
meetings.
4. Minutes: The City Manager shall file with the City Clerk a copy of
the minutes of each meeting of the board within ten (10) working
days after each such meeting.
5. Policies: All administrative, personnel, accounting, budgetary, and
procurement policies of the City shall govern the board in its opera-
tions.
6. Removal: Except as provided in subsection K3 of this section, the
City Council may remove any member for good cause. (Ord. 34-17,
7-5-2017)
L. Postponed Hearing: Either the City or the appellant may request a
postponement of a hearing subject to the approval of the Code offi-
cial. In no event may a postponement exceed ninety (90) days
beyond the date of the appeal.
M. Board Decision On Appeals: The board may, by majority vote:
1. Affirm the decision of the Code official;
2. Reverse the decision of the Code official; or
3. Modify the decision of the Code official:
a. Modification Of Deadline: The Housing Board of Appeals may
not approve an extension of a deadline which exceeds nine (9)
months from the date of the notice of violation. Conditions under
which a deadline will be extended must be in writing and on file in
the Housing and Community Development Department.
b. Modification To Allow Variance: Conditions under which a
variance will be granted must be in writing and on file in the Housing
and Community Development Department.
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14-1J-7 14-1J-7
N. Resolution: The decision of the board shall be by resolution. A
written copy shall be furnished to the appellant and placed in City
records.
O. Administration: The Code official shall take immediate action in
accordance with the decision of the board.
P. Court Review: Any person, whether or not a previous party to the
appeal, shall have the right to apply to the appropriate court for a
writ of certiorari to correct errors of law. Application for review shall
be made in the manner and time required by law following the filing
of the decision in the office of the Code official. (Ord. 30-16,
6-20-2016, eff. 7-1-2016)
August 2017
City of Dubuque
14-4-1 14-4-1
CHAPTER 4
LICENSING OF VACANT AND/OR
ABANDONED BUILDINGS
SECTION:
14-4- 1: Definitions
14-4- 2: Vacant And/Or Abandoned Building License
14-4- 3: Registration
14-4- 4: Fees
14-4- 5: Terms Of Licenses
14-4- 6: Inspections
14-4- 7: Renewal Licenses
14-4- 8: Renewal, Penalty For Failure To Renew License
14-4- 9: Revocation, Reinstatement Measures
14-4-10: Relationship Of License To Other Codes
14-4-1: DEFINITIONS: For the purpose of this chapter, certain terms,
phrases, words and their derivatives shall be construed as
specified in either this chapter or as specified in the Building Code or the
Property Maintenance Code. Where terms are not defined, they shall have
their ordinary accepted meanings within the context in which they are used.
Unless otherwise expressly stated or unless the context clearly indicates a
different intent, the following terms shall, for the purpose of this chapter,
have the following meanings:
ABANDONED Any building or portion thereof which has stood
BUILDING: with an incomplete exterior shell for six (6)
months or longer which meets one (1) or more
of the following criteria:
A. Is unsecured;
B. Is unoccupied; or
C. Is in violation of the International Property
Maintenance Code, International Building Code,
or International Fire Code adopted by the City
of Dubuque.
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14-4-1 14-4-1
BUILDING CODE: The International Building Code promulgated by
the International Code Council, as adopted in
section 14-1A-1 of this title.
CITY MANAGER: Includes the City Manager's designee.
DANGEROUS Any building or structure which has any or all of
BUILDING: the conditions or defects hereinafter described;
provided, that such conditions or defects exist
to the extent that the life, health, property or
safety of the public or the occupants of the
building are endangered:
August 2017
A. Whenever any door, aisle, passageway,
stairway or other means of exit is not of suffi-
cient width or size or is not so arranged as to
provide safe and adequate means of exit in
case of fire or panic.
B. Whenever the walking surface of any aisle,
passageway, stairway or other means of exit is
warped, worn, loose, torn or otherwise unsafe
as to not provide safe and adequate means of
exit in case of fire or panic.
C. Whenever the stress in any materials, mem-
ber or portion thereof, due to all dead and live
loads, is more than one and one-half (11/2) times
the working stress or stresses allowed in the
Building Code for new buildings of similar struc-
ture, purpose or location.
D. Whenever any portion thereof has been
damaged by fire, earthquake, wind, flood or by
any other cause, to such an extent that the
structural strength or stability thereof is
materially less than it was before such
catastrophe and is less than the minimum
requirements of the Building Code for new
buildings of similar structure, purpose or
location.
E. Whenever any portion or member or appurte-
nance thereof is likely to fail, or to become
City of Dubuque
14-4-1 14-4-4
G. Open to vagrants, vandals, children or the
unwary; or
H. Not receiving service by public utilities. (Ord.
31-16, 6-20-2016, eff. 7-1-2016; amd. Ord.
32-17, 7-5-2017)
14-4-2: VACANT AND/OR ABANDONED BUILDING LICENSE: No
person or business shall maintain a vacant or abandoned
building as defined by this chapter, in the City unless such person or
business holds a current unrevoked abandoned or vacant building license,
issued by the City Manager, in the name of the owner/operator for the
specific named building. (Ord. 44-07, 8-6-2007)
14-4-3: REGISTRATION:
A. Registration Required: The owner shall register a vacant or aban-
doned building with the City Manager not later than thirty (30)
calendar days after any building in the City becomes abandoned or
vacant as defined in this chapter. Failure to register an abandoned
or vacant building or providing false information to the City Manager
shall be a violation of this chapter.
B. Information: The registration shall include the following information:
1. A description of the premises;
2. The names and addresses of the owner or owners;
3. The names and addresses of all known lien holders and all other
parties with an ownership interest in the building;
4. The name of the agent designated to act on the behalf of an out of
town property owner to accept legal processes and notices, and to
authorize repairs as required; and
5. The period of time the building is expected to remain vacant
and/or a plan and timetable to comply with applicable City codes.
(Ord. 44-07, 8-6-2007)
14-4-4: FEES: The owner of a vacant or abandoned building shall pay
an annual fee reasonably related to the administrative cost of
August 2017
City of Dubuque
14-4-4 14-4-7
registering and processing the registration form and the costs of the City in
monitoring and inspecting the property as established by the City Manager
and shall be paid in full prior to the issuance of any permits or acceptance
of the registration form for the subject property. (Ord. 44-07, 8-6-2007)
14-4-5: TERMS OF LICENSES:
A. License Term: Every license issued under this chapter shall expire
on December 31 of the year in which issued and shall become delin-
quent on March 31 of the year due.
B. Application For Renewal: Upon application, a license may be
renewed and remain effective for successive periods of one (1)
calendar year unless sooner revoked at any time by the City
Manager for noncompliance with any applicable provisions of this
Code.
C. Transfer: Licenses may be transferred from one person or business
to another, provided notice of the transfer is given in writing within
five (5) working days of the transfer, to the City Manager.
D. Nontransferable From Building To Building: Licenses shall not be
transferable from one building to another.
E. Notify City Of Transfer Or Disposal: Every person or business
holding a license shall give notice in writing to the City Manager
within five (5) working days after having transferred or otherwise
disposed of the legal control of the licensed building. Such notice
shall include the name and address of the persons or businesses
succeeding to the ownership or control of such licensed building.
(Ord. 44-07, 8-6-2007)
14-4-6: INSPECTIONS: The owner shall allow inspection of the
building by City representatives upon request and shall allow
annual inspection of the interior and exterior of the premises for the
purpose of enforcing and assuring compliance with the provisions of this
chapter and the Housing, Building and Fire Codes. (Ord. 44-07, 8-6-2007)
14-4-7: RENEWAL LICENSES: The City Manager is hereby author-
ized to issue and renew vacant or abandoned building
licenses for specific buildings, in the names of the applicant owners,
operators or managers, provided the following criteria are met:
August 2017
City of Dubuque
-A- -A-
AIRPORT (cont.)
Airport Zoning Commission
Commission Created 12-5-1
Compensation 12-5-11
Internal Organization And Rules 12-5-3
Meetings 12-5-10
Membership 12-5-5
Oath 12-5-6
Officers; Organization 12-5-9
Powers 12-5-13
Procedures For Operation 12-5-4
Purpose 12-5-2
Removal 12-5-12
Terms 12-5-7
Vacancies 12-5-8
Airport Zoning Regulations
Conflicting Regulations 12-3-7
Definitions 12-3-2
Enforcement 12-3-6
Height Limitations 12-3-4
Land And Nonconforming Use Restrictions 12-3-5
Short Title 12-3-1
Zones 12-3-3
General Regulations
Government Regulations Adopted 12-2-2
Name 12-2-1
Off Airport Car Rental Business 12-2-5
Parking Lots Established; Fees 12-2-6
Permits Required 12-2-3
Violations; Ejection Of Offenders 12-2-4
ALARM SYSTEM PERMITS
Application For Permit 7-4-3
Assistance Provided 7-4-8
Definitions 7-4-1
Duties Of Chief Of Police 7-4-7
Permit Fees 7-4-4
Permit Required 7-4-2
Prohibited Acts 7-4-9
Revocation Of Permit 7-4-5
Service Charges 7-4-6
ALCOHOLIC BEVERAGES (See Also LIQUOR CONTROL) 4-2A
AMBULANCES
Ambulance Service Rates 6-3-1
Service Area 6-3-2
August 2017
City of Dubuque
-A- -A-
ANIMAL CONTROL
Animals In Parks 10-5B-3, 10-5B-4, 10-5B-7
Dangerous Animals
Definitions 7-6D-1
Dogs, Cats Exempted 7-6D-2
Exceptions To Keeping And Licensing Restrictions 7-6D-4
General Prohibition And Duty 7-6D-6
Keeping Of Dangerous Animals Restricted 7-6D-3
Regulations For Keeping 7-6D-5
Seizure, Impoundment And Disposition Of Dangerous
Animals 7-6D-7
Dogs And Cats
Definitions 7-6B-1
Directing Dog With Malicious Intent 7-6B-8
Female Dogs In Season 7-6B-6
Harboring Vicious Dog Or Cat 7-6B-4
Impoundment, Redemption And Disposition Of
Unclaimed Animals 7-6B-10
Keeping Domestic Animals On Unoccupied Residential
Property Or In Dangerous Buildings Prohibited 7-6B-3
Licensing; Tags And Fees 7-6B-2
Nuisance 7-6B-5
Running At Large 7-6B-7
Use Of Dog In Illegal Activity Prohibited 7-6B-9
Miscellaneous Provisions
Restrictions On Maintaining Livestock 7-6A-2
Sale Of Baby Chickens And Ducklings 7-6A-1
Storage Of Animal Food 7-6A-3
Nuisance Conditions 6-4-3
Potentially Vicious Dogs
Definition 7-6E-1
Disposition Of Potentially Vicious Dog 7-6E-5
Exceptions To Classification 7-6E-4
Notification Of Status Of Potentially Vicious Dog 7-6E-3
Procedure For Declaration Of Potentially Vicious Dog 7-6E-2
Rabies Control
Confinement Authorized 7-6C-2
Notification To Police Or City Manager Of Dead
Animals 7-6C-4
Prohibited Actions After Mayor's Proclamation Of
Emergency 7-6C-6
Punishment For Harboring Known Rabid Dog, Cat Or
Other Domestic Animal 7-6C-5
Reporting Rabies; Notice To City Manager 7-6C-3
Vaccination Required 7-6C-1
August 2017
City of Dubuque
1
-A- -B-
ANIMAL CONTROL (cont.)
Vicious Dogs And Cats
Definition 7-6F-1
Disposition Of Vicious Animal 7-6F-5
Exceptions To Classification 7-6F-4
Notification Of Status Of Vicious Animal 7-6F-3
Procedure For Declaration Of Vicious Animal 7-6F-2
APPEALS (See Also HEARINGS AND APPEALS) 2-1
ARTS AND CULTURAL AFFAIRS ADVISORY COMMISSION
Commission Created 2-8-1
Compensation 2-8-11
Cooperation With Other Agencies 2-8-14
Internal Organization And Rules 2-8-3
Meetings 2-8-10
Membership 2-8-5
Oath 2-8-6
Officers/Organization 2-8-9
Powers 2-8-13
Procedures For Operation 2-8-4
Purpose 2-8-2
Removal 2-8-12
Solicitation And Acceptance Of Donations 2-8-15
Terms 2-8-7
Vacancies 2-8-8
ASSEMBLIES (See Also PARADES, ASSEMBLIES AND
SPECIAL EVENTS) 10-4
ATTORNEY, CITY 1-7-6
B
BEER (See Also LIQUOR CONTROL) 4-2B
BICYCLES
Abandoned, Unlicensed, And Unattended Bicycles 7-7-19
Altering, Counterfeiting Of Registration Sticker Or Decal
Prohibited 7-7-35
Bicycle Dealers And Repair Shops 7-7-37
Bicycle In Crosswalk 7-7-18
Bicycle Not To Pass In Or Between Lanes 7-7-16
Bicycle Parking 7-7-10
Bicycle Parking Required 16-14-9
Bicycle Records 7-7-32
Bicycle To Be Driven To The Right 7-7-11
Bicycle Turn Signals 7-7-12
Bicycles; Motor Vehicles And Traffic 9-1-321.2C
City of Dubuque
August 2017
-B- -B-
BICYCLES (cont.)
Clinging To Vehicles 7-7-8
Definitions 7-7-5
Equipment 7-7-6
Following Fire Apparatus 7-7-9
Intent And Purpose 7-7-1
Left Turns By Bicycles 7-7-13
Parking Lot Provisions For Bicycle Parking 16-13-3-5-1
Passing On Right 7-7-14
Passing Within Lane Prohibited 7-7-15
Reckless Operator Of A Bicycle 7-7-20
Registration Fees 7-7-31
Registration Required 7-7-30
Registration Sticker Or Decal 7-7-33
Rental Agencies 7-7-36
Replacement Of Registration Sticker Or Decal 7-7-34
Required Method Of Riding A Bicycle 7-7-7
Riding Abreast 7-7-17
Violation 7-7-38
BOARD OF LIBRARY TRUSTEES
Annual Reports 2-7-15
Board Created 2-7-1
Compensation 2-7-11
Charge Of Building, Donations 2-7-14
Internal Organization And Rules 2-7-3
Meetings 2-7-10
Membership 2-7-5
Oath 2-7-6
Officers/Organization 2-7-9
Powers 2-7-13
Procedures For Operation 2-7-4
Purpose 2-7-2
Removal 2-7-12
Terms 2-7-7
Vacancies 2-7-8
BOARDS AND COMMISSIONS
Airport Commission 12-4
Airport Zoning Board Of Adjustment 12-6
Airport Zoning Commission 12-5
Arts And Cultural Affairs Advisory Commission 2-8
Board Of Library Trustees 2-7
Building Code And Advisory Appeals Board 14-1A-6
Cable Television Commission 2-11
Civic Center Advisory Commission 2-4
Civil Service Commission 2-2
Electrical Code Board 14-1D-3
August 2017
City of Dubuque
-B- -B-
BOARDS AND COMMISSIONS (cont)
Hearings And Appeals 2-1
Historic Preservation Commission 16-10
Housing Agency And Community Development
Commissions 2-5
Community Development Advisory Commission 2-5C
Housing Commission 2-5B
Trust Fund Advisory Committee 2-5D
Housing Board Of Appeals 14-1J-7
Human Rights Commission 8-2
Investment Oversight Advisory Commission 2-3
Long Range Planning Advisory Commission 15-2
Mechanical And Plumbing Code Board 14-1F-4, 14-1H-7
Park And Recreation Advisory Commission 10-5A-2
Resilient Community Advisory Commission 2-6
Sister City Relationships Advisory Commission 2-9
Transit Advisory Board 5-1
Zoning Advisory Commission 16-9
Zoning Board Of Adjustment 16-8
BOATS, BOATING AND WATERFRONT STRUCTURES
Boat Landing Areas 10-7-4
Conducting Trade Or Business In Pleasure Craft Spaces 10-7-7
Definitions 10-7-2
Driving Over Ice 10-7-14
Floats, Boathouses Maintained In Orderly Condition 10-7-6
Intent 10-7-1
Launching, Removing Boat From Water At Public Launching
Ramps 10-7-8
Mooring Of Boathouses And Floats Along Waterfront 10-7-5
No Parking Areas 10-7-12
Places And Hours Of Restriction 10-7-13
Removal Of Sunken, Derelict Or Abandoned Craft 10-7-11
Repairs To Boats At Public Launching Ramps 10-7-9
Unlawful Deposits 10-7-3
Water Operation Rules 10-7-10
August 2017
City of Dubuque
MOTOR VEHICLES AND TRAFFIC (cont.)
Obedience To And Effect Of Traffic Laws
All -Terrain Vehicles; Highway Use 9-5-321.234A
Obedience To Peace Officers Required 9-5-321.229
Privileges Of Authorized Emergency Vehicles 9-5-321.231
Operation
Accidents
Duty Of Driver To Give Information, Aid 9-7-321.263
Duty Of Driver Upon Striking Fixtures Upon
Highway 9-7-321.265
Duty Of Driver Upon Striking Unattended Vehicle . 9-7-321.264
Duty Of Driver When Damage Is To Vehicle Only . 9-7-321.262
Reports Required 9-7-321.266
Criminal Offenses
Careless Driving 9-7-321.277A
Drag Racing Prohibited 9-7-321.278
Open Containers In Motor Vehicles; Drivers 9-7-321.284
Open Containers In Motor Vehicles; Passengers . 9-7-321.284A
Reckless Driving 9-7-321.277
Driving On Right Side Of Roadway; Overtaking And
Passing
Driving On Right Hand Side Of Roadway;
Exceptions 9-7-321.297
Following Too Closely 9-7-321.307
Limitations On Overtaking On Left 9-7-321.303
Meeting And Turning To Right 9-7-321.298
One -Way Streets 9-7-321.305
Overtaking, Passing On Right 9-7-321.302
Passing Generally 9-7-321.299
Prohibited Passing 9-7-321.304
Roadways Laned For Traffic 9-7-321.306
Operation Of Motorcycles And Motorized Bicycles
Electric Personal Assistive Mobility Devices 9-7-321.276A
Motorcycles And Motorized Bicycles 9-7-321.275
Use Of Bicycles, Motorcycles In Parks 9-7-321.275A
Use Of Certain Nonmotorized Vehicles,
Conveyances, And Equipment In Municipal
Parking Ramps Or Lots And In Certain Other,
Places In City 9-7-321.276
Right -Of -Way
Backing Vehicle On Highway 9-7-321.323
Entering Intersections From Different Highways . . 9-7-321.319
Entering Through Streets 9-7-321.321
Funeral Processions 9-7-321.324A
Left Turns At Intersections 9-7-321.320
Operation On Approach Of Emergency Vehicles 9-7-321.324
Stop And Yield Intersections 9-7-321.322
August 2017
City of Dubuque
-M- -M-
MOTOR VEHICLES AND TRAFFIC (cont.)
Speed. Restrictions
Control Of Vehicle 9-7-321.288
Limits Generally 9-7-321.285
Minimum Speed 9-7-321.294
Signs To Be Erected 9-7-321.289
Speeding Violation Form 9-7-321.291
Traffic Signs, Signals And Markings
Interference With Signs, Signals, Or Devices;
Unlawful Possession 9-7-321.260
Obedience To Official Traffic Control Devices 9-7-321.256
Official Traffic -Control Signal 9-7-321.257
Unauthorized Signs, Signals, Or Markings 9-7-321.259
Turning And Starting And Signals On Stopping And
Turning
Method Of Giving Hand And Arm Signals 9-7-321.318
Signal Required When Stopping Or Decreasing
Speed Suddenly 9-7-321.316
Signals Required When Turning 9-7-321.314
Signals To Be By Hand And Arm Or Signal Device 9-7-321.317
Starting Parked Vehicle 9-7-321.313
Turn Signal To Be Continuous 9-7-321.315
Turning At Intersections 9-7-321.311
Turning On Curves, Hills 9-7-321.312
Parking
Generally
Alternate Side Street Parking 9-14-321.627
Backing For Purposes Of Parking In Business
Districts 9-14-321.613
Bus Stops Or Passenger Zones 9-14-321.605
Loading And Unloading In Business Districts 9-14-321.610
Loading Zones 9-14-321.601
Parallel Parking Required; Exceptions For Angle
Parking 9-14-321.604
Parking For Purposes Of Sale Or Storage
Prohibited; Special Permits Authorized 9-14-321.614
Parking In Alleys 9-14-321.618
Parking In Fire Lanes 9-14-321.611
Parking In Front Of Others' Residences 9-14-321.607
Parking In Parking Lots 9-14-321.612
Parking Of Advertising Vehicles 9-14-321.615
Parking On Private Property Without Consent ... 9-14-321.620
Parking Prohibited On Designated Streets Or
Portions Thereof 9-14-321.602
August 2017
City of Dubuque
-0- -0-
OFFENSES
Crime Property
Definitions 7-5C-1
Effect Of Notice 7-5C-7
Notice 7-5C-5
Preenforcement Procedure 7-5C-3
Procedure For Enforcement 7-5C-4
Service Of Notice 7-5C-6
Specified Crime Property Prohibited 7-5C-2
Drug Paraphernalia
Drug Paraphernalia Defined 7-5B-1
Prohibited Acts 7-5B-2
Sniffing Glue Or Other Chemical Substances 7-5B-4
Under The Influence Of Controlled Substance 7-5B-3
General Offenses
Advertising Materials; Billposting; Littering 7-5A-5
Aggressive Panhandling Prohibited 7-5A-17
Criminal Mischief 7-5A-12
Defacing Notices 7-5A-6
Disorderly Conduct 7-5A-1
False And Fraudulent Reports 7-5A-3
False Representation Of Records Or Processes 7-5A-4
Hunting And Target Practice Permitted 7-5A-16
Loitering For Illegal Purposes 7-5A-7
Offenses Relating To Officers And Employees 7-5A-2
Professional Boxing Elimination Tournaments 7-5A-13
Projectiles, Slingshots, Knuckles Of Metal Or Other
Material, Other Weapons, And Fireworks 7-5A-10
Public Urination Or Defecation 7-5A-9
Ringing Of Bells Or Gongs 7-5A-8
Tobacco Products To Underage Persons 7-5A-15
Unauthorized Computer Access 7-5A-11
Underage Persons Entering Gambling Facilities 7-5A-14
Unlawful Assembly 7-5A-18
Parental Responsibility
Definitions 7-5D-1
Penalties 7-5D-4
Reasonable Control Over Minor 7-5D-2
Violation 7-5D-3
Social Host Responsibility
Affirmative Defense 7-5E-6
Definitions 7-5E-2
Enforcement 7-5E-9
Evidence Of Possession And Consumption 7-5E-7
Exemption 7-5E-5
Penalties 7-5E-8
August 2017
City of Dubuque
-0- -P-
OFFENSES (cont.)
Prohibited Acts 7-5E-4
Purpose 7-5E-1
Severability 7-5E-10
Social Host Duties 7-5E-3
OFFICE ZONING DISTRICTS 16-5-7, 16-5-8, 16-5-9
OFFICERS AND EMPLOYEES, CITY
Bonds Of Officers And Employees 1-7-1
City Attorney 1-7-6
City Clerk And Assistant City Clerk 1-7-5
City Manager 1-7-4
Deposits Of City Funds 1-7-2
Finance Director -City Treasurer 1-7-7
Offenses Relating To Officers And Employees 7-5A-2
Transfer Of Records And Property To Successor 1-7-3
OPEN VIDEO SYSTEMS (See Also CABLE RIGHT-OF-WAY
REGULATIONS) 11-2B
ORDINANCES AND RESOLUTIONS
Effect Of Repeal Of Ordinance 1-6A-2
Ordinances, Resolutions And Motions 1-6A-12
P
PARADES, ASSEMBLIES AND SPECIAL EVENTS
Assemblies 10-4-2
Definitions 10-4-1
Parades And Special Events 10-4-3
Private Property 10-4-4
PARKING REGULATIONS 9-14-321.600 — 9-14-321.744
PARKS AND RECREATION
Administration
Park And Recreation Advisory Commission 10-5A-2
Specific Parks, Open Spaces And Trails
Specific Park Areas, Open Spaces, And Trails
Described 10-5C-1
Use Regulations
Access Limited 10-5B-5
Climbing On Fences, Roofs 10-5B-13
Compliance With Traffic And Vehicle Laws, Ordinances 10-5B-20
Definitions 10-5B-1
Dogs, Cats And Other Domestic Animals 10-5B-4
Fires 10-5B-17
Horsedrawn Vehicles, Riding Of Animals Restricted 10-5B-3
Interfering With Animals, Fishing 10-5B-7
August 2017
City of Dubuque
-P- -P-
PARKS AND RECREATION (cont.)
Intoxicating Beverages 10-5B-2
Loosening Stones From Bluffs Prohibited 10-5B-18
Meetings And Gatherings 10-5B-16
Moving Benches And Tables 10-5B-14
Obstructions 10-5B-9
Open Season And Hours Generally 10-5B-22
Possession Of Weapons And Fireworks 10-5B-12
Posting Bills, Notices Or Signs 10-5B-10
Prohibited Activities, Signage 10-5B-24
Sales Restricted 10-5B-11
Throwing Stones Or Other Missiles 10-5B-6
Unattended Vehicles 10-5B-21
Unlawful Deposits 10-5B-8
Use Of Spotlights, Searchlights 10-5B-15
Washing Vehicles 10-5B-19
Watersports, Swimming, And Wading 10-5B-23
PAWNBROKERS AND SECONDHAND DEALERS; JUNK AND
AUTO SALVAGE DEALERS
Junk Dealers And Auto Salvage Dealers
Application Contents 4-6B-5
Definitions 4-6B-1
Denial, Suspension Or Revocation Of License 4-6B-9
Display Of License 4-6B-7
Exemptions From Article 4-6B-8
Inspection 4-6B-13
Investigation Of Applicant And Premises 4-6B-6
License 4-6B-3
Penalties 4-6B-2
Persons Eligible 4-6B-4
Prohibited Acts 4-6B-11
Purchases Or Donation Transactions 4-6B-12
Required Records 4-6B-10
Screening Requirements For Junk And Salvage
Operations 4-6B-14
Pawnbrokers And Secondhand Dealers
Application Contents 4-6A-5
Definitions 4-6A-1
Denial, Suspension, Or Revocation Of License 4-6A-10
Display Of License 4-6A-8
Exemptions From Article 4-6A-9
Inspection 4-6A-13
Investigation Of Applicant And Premises 4-6A-6
License 4-6A-3
Penalties 4-6A-2
Persons Eligible 4-6A-4
August 2017
City of Dubuque
-P- -P-
PAWNBROKERS AND SECONDHAND DEALERS; JUNK AND
AUTO SALVAGE DEALERS (cont)
Prohibited Acts 4-6A-12
Proof Of Financial Responsibility 4-6A-7
Required Records 4-6A-11
PAYDAY LENDING ESTABLISHMENTS (See also UNIFIED
DEVELOPMENT CODE) 16-7-5
PEDESTRIANS' RIGHTS AND DUTY 9-8-321.326 — 9-8-321.333
PENALTY, GENERAL (See Also GENERAL PENALTY, CITY
CODE) 1-4
PLANNING AND ZONING
Comprehensive Plan
Community Planning Defined 15-1-3
Comprehensive Plan Defined 15-1-1
Elements Of Comprehensive Plan 15-1-2
Long Range Planning Advisory Commission
Commission Created 15-2-1
Compensation 15-2-11
Internal Organization And Rules 15-2-3
Meetings 15-2-10
Membership 15-2-5
Oath 15-2-6
Officers/Organization 15-2-9
Powers 15-2-13
Procedures For Operation 15-2-4
Purpose 15-2-2
Removal 15-2-12
Terms 15-2-7
Vacancies 15-2-8
Unified Development Code Title 16
PLUMBING CODE
Backflow Prevention Requirements For
Existing Water Services 14-1H-5
New Residential Construction 14-1 H-4
Inspection Fees 14-1H-6
International Plumbing Code Adopted 14-1H-1
International Plumbing Code Amendments 14-1H-2
Licensure And Certification 14-1H-3
Mechanical And Plumbing Code Board 14-1H-7
POLICE DEPARTMENT
Fees For Police Department Services 7-1-1
POLICE, FIRE AND PUBLIC SAFETY
Alarm System Permits 7-4
Animal Control 7-6
Dangerous Animals 7-6D
Dogs And Cats 7-6B
Miscellaneous Provisions 7-6A
August 2017
City of Dubuque
-P- -P-
POLICE, FIRE AND PUBLIC SAFETY (cont.)
Potentially Vicious Dogs 7-6E
Rabies Control 7-6C
Vicious Dogs And Cats 7-6F
Bicycles 7-7
Emergency Management 7-3
Fire Department 7-2
Offenses 7-5
Crime Property 7-5C
Drug Paraphernalia 7-5B
General Offenses 7-5A
Parental Responsibility 7-5D
Social Host Responsibility 7-5E
Police Department 7-1
PROCEDURE FOR LICENSING ELECTRIC TRANSMISSION
LINE COMPANIES
Distance From Buildings 11-6-7
Grant Of License 11-6-1
Licensee Fee 11-6-2
Manner Of Construction 11-6-6
Nonuse; Revocation Of License; Extensions Of Time 11-6-8
Petition 11-6-4
Petition For License; Informational Meetings Held 11-6-3
Public Hearing 11-6-5
Wires Across Railroad Right -Of -Way At Highways 11-6-9
PROPERTY MAINTENANCE CODE
Housing Board Of Appeals 14-1J-7
Inspection Of Properties Owned By Priority Category 14-1J-6
International Property Maintenance Code
Adopted 14-1J-1
Amendments 14-1J-2
Priority Category 14-1J-4
Procedure For Hearing Appeal Of Priority Category Status 14-1J-5
Rental Licenses 14-1J-3
PROPERTY TAX
Partial Exemption From Property Taxation 3-1-1
PUBLIC UTILITIES
Gas Main Connections
City Authority To Make Connection 13-3-3
City Authority To Require 13-3-1
Notice To Owners 13-3-2
Time Limit For Completion 13-3-4
Illicit Connections And Discharges To Storm Sewer System
Appeal Of Notice Of Violation 13-5-14
Applicability 13-5-2
Cost Of Abatement Of Violation 13-5-16
Definitions 13-5-1
August 2017
City of Dubuque
-P- -P-
PUBLIC UTILITIES (cont.)
Discharge Prohibitions 13-5-6
Enforcement 13-5-13
Enforcement Measures After Appeal 13-5-15
Industrial Or Construction Activity Discharges 13-5-8
Injunctive Relief 13-5-17
Monitoring Of Discharges 13-5-9
Notification Of Spills 13-5-12
Prevent, Control And Reduce Pollutants By Use Of
BMPs 13-5-10
Remedies Not Exclusive 13-5-19
Responsibility For Administration 13-5-3
Severability 13-5-4
Suspension Of MS4 Access 13-5-7
Ultimate Responsibility 13-5-5
Violations Deemed Public Nuisance 13-5-18
Watercourse Protection 13-5-11
Sewers And Sewage Disposal 13-2
Discharge Regulations 13-2A
Industrial Pretreatment Program 13-2D
Private Disposal Systems; Private Haulers 13-2B
Rates 13-2C
Solid Waste 13-6
City Or Private Collection Service 13-6A
Stormwater Management 13-4
Water Use And Service 13-1
Connections 13-1A
Cross Connection Control 13-1D
Rates 13-1C
Water Meters 13-1B
PUBLIC WAYS AND PROPERTY
Boats, Boating And Waterfront Structures 10-7
Encroachments On Public Places 10-3
Mailboxes 10-3F
Newsracks 10-3B
Other Encroachments 10-3D
Projecting Signs 10-3C
Sidewalk Cafes 10-3E
Waste Collection Receptacles 10-3A
Excavations 10-2
Parades, Assemblies And Special Events 10-4
Parks And Recreation 10-5
Administration 10-5A
Specific Parks, Open Spaces And Trails 10-5C
Use Regulations 10-5B
Railroads 10-6
August 2017
City of Dubuque