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Revised Book of Ordinances 1951Revised Ordinances of 1951 of City of Dubuque, Iowa Compiled Under the Direction of the City Council City of Dubuque By T. H. NELSON City- Solicitor OFFICERS AND COMMISSIONS OF THE CITY OF DUBUQUE COUNCILMEN , Romolo N. Russo, Mayor Reuben V. Austin, Ray F. Kolb, Leo J. Schueller, C. P. Welu OFFICERS L. J. Schiltz, Manager T. H. Nelson, Solicitor J. J. Shea, Clerk R. M. Czizek, Asst. Solicitor John J. Heffernan, Police Magistrate AIRPORT COMMISSION L. M. Harney, Chrmn. Wm. Clemens, Jr. L. J. Conlon W. J. Hanley F. R. Woodward AIRPORT ZONING COMMISSION W. J. Hanley, Chrmn. H. E. Chambers G. R. Murphy Robt. Waller Clem Welsh BOARD OF ADJUSTMENT Rt. Rev. J. M. Wolfe, Chrmn. Bert E. Graham J. H. Schiltz Louis Stoffregen L. J. Streinz BOARD OF REVIEW George J. Schaffhauser, Chrmn. Thos. J. Hill Louis C. Kolfenbach Wm. V. Toepel Carl W. Ziepprecht BUNKER HILL ADVISORY BOARD M. H. Czizek, Chrmn. Mrs. Fred Aschenbrenner Ray Briggs Mrs. Wilbur Dalzell Walter Hodge LIBRARY BOARD M. H. Czizek Al Didesch Merlin Hantelman Mrs. Mabel Hoffman Wm. Markey Rev. Carl G. Schroeder W. B. Zuker PARK BOARD A. M. Bennett, Chrmn. Leo J. Clemens F. P. Delaney PLANNING AND ZONING COMMISSION Rt. Rev. J. M. Wolfe, Chrmn. Fred E. Bissell J. F. Carroll R. V. McKay J. H. Schiltz . L. J. Stoffregen R. D. Waller CIVIL SERVICE COMMISSION POLICE AND FIRE PENSION C. S. Harker, Chrmn. BOARDS L. J. Lagen Thos J. Hill, Chrmn. E. B. Lyons W. B. Zuker T. H. Nelson DOCK BOARD J. A. Kerper, Chrmn. A. Y. McDonald, Jr. Fred E. Neyens Edward M. Tschirgi Jos. Strub Thos. Hiokson John Goff Byrne O'Brien Norb Rauch Fred Voels RECREATION COMMISSION L. J. Schiltz, Chrmn. Martha J. Bartlett Mrs. Wilbur Dalzell Frank A. Fluckiger G. W. McAleece John Petrakis Rev. Eugene Weimer Ordinance No. 37-51. An Ordinance making a complete Revision of the Ordinances of the City of. Dubuque, Iowa of general and permanent nature by rearrangement and grouping the same un- der appropriate titles, parts, chapters and sections and ordering the publication thereof and providing for the distribution thereof. Whereas the City Solicitor has submitted a compilation of all of the Ordi- nances of the City of Dubuque, Iowa of general and permanent nature, in full force and effect on the 10th day, of August, 1951, together with the current electric, gas and motor bus franchise ordinances, revised and rearranged under appropriate Chapters and Sections; and Whereas the publication of such a revision is deemed a matter of public ne- cessity; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the compilation of all of the Ordinances of the City of Dubuque as submitted by the City Solicitor is hereby adopted as the Ordinances of the City of Dubuque, Iowa of general and permanent nature in force and effect on the 10th day of August, 1951, together with the current gas, electric and bus fran- chises, rearranged and grouped under appropriate Chapters and Sections, to be known hereafter as the "Revised Ordinances of 1951"; Section Z. That said compilation, together with appropriate appendices and index, shall be published in a bound book, two or more copies of which shall be kept available at the City Clerk's office for public inspection and use and thereafter such publication shall be prima facie evidence of the passage, content and legal publica- tion of such Ordinances; Section 3. That the City Manager is hereby authorized and directed to con- tract for the printing and publication of such publication of 1000 volumes for a sum not to exceed $ 4000.00; Section 4. That copies of such publication shall be made available for sale to the public at the rate of $ 3.00 per copy C.O.D. and one copy thereof Shall be mailed by the City Clerk, free of charge, to each of the following: Each elective City official; Each elective County official holding office at the time of publication; The Library of Congress; The Law Library of the State University of Iowa; Each Municipal department head holding office at the time of publication; National Institute of Municipal Law Officers; Such other offices or officers as the Council may designate; Section 5. That all existing special ordinances not contained in said publica- tion together with all effective Ordinances establishing grades of streets, 'avenues and alleys, levying taxes, making appropriations, establishing, altering or vacating streets, avenues and alleys, or authorizing the issue of bonds or the construction of public improvements, shall remain in full force and effect. Section 6. This Ordinance shall be in full force and effect from and after its final passage, adoption and publication as by law provided. Introduced the 6th day of August, 1951. Rule requiring reading on three separate days suspended by unanimous vote the 6th day of August, 1951. Passed, adopted and approved this ZOth day of August, 1951. Attest: J. J. Shea City Clerk Romolo N. Russo Mayor Reuben V. Austin Ray F. Kolb Leo 3. Schueller Clarence P. Welu Councilmen Table of Contents CHAPTER I GENERAL ADMINISTRATION 1 II ELECTIONS 6 III OFFICERS AND EMPLOYEES 11 IV PUBLIC WORKS 21 V PARKS AND PLAYGROUNDS 29 VI STREETS AND SIDEWALKS 32 VII PUBLIC MARKET 38 VIII PUBLIC HEALTH 41 IX ANIMALS 59 X REGULATING CERTAIN BUSINESSES 61 XI BEER ORDINANCE 70 XII NUISANCES 75 XIII OFFENSES AGAINST PUBLIC MORALS 78 XIV PUBLIC SAFETY 80 XV PUBLIC SERVICE COMPANIES 86 XVI TRAFFIC REGULATIONS 108 XVII BUILDINGS 127 XVIII ZONING AND PLATTING 207 APPENDIX RULES OF ORDER OF THE CITY COUNCIL 239 ACT LAYING OUT THE TOWN OF DUBUQUE AND AMENDMENT 240 CITY CHARTER OF 1840 241 CITY CHARTER OF 1857 243 TABLES OF SPECIAL ORDINANCES ADOPTED SINCE JAN. 1, 1920 248 INDEX TO BUILDING CODE 253 INDEX TO AMENDMENTS TO ZONING MAP 259 INDEX 263 vii CHAPTER 1 General Administration Ordinance No, 79. An Ordinance Establishing the City Seal. Be it Ordained by the City Council of the City of Dubuque: SEAL ESTABLISHED. Section 1. That the seal heretofore provided and used by and for the City of Dubuque, having in the center the words "La Petite Nuit," and around the edge "Seal of the City of Dubuque, Iowa," is hereby established and declared to have been and now to be the seal of the City of Dubuque. SEAL. CUSTODY OF. Section 2. That the seal of the City shall be and remain in the custody of the City Clerk of the City or his deputy, and shall be affixed by him to all ordinances, passed by the Council, which require the signature of the Mayor and City Clerk, or either of them; it shall also be affixed by the City Clerk to all warrants for the payment of money drawn upon the Treasurer, and upon such notices, certificates, and other authen- ticated papers as shall be required to be issued by the City Clerk, by law. The Treasurer shall pay no warrant or order for money until the seal shall be affixed thereto. 1919 Revision Ordinance No. 82. An Ordinance Prescribing the Manner of Keeping the Official Record of the Proceedings of the Council and Providing for the Publication of the Same. Be it Ordained by the City Council of the City of Dubuque: RECORD OF MEETINGS. Section 1. That im- mediately after each regular or special meeting of the Council, the City Clerk shall prepare a com- plete record of the proceedings of such meeting, which shall contain in full the motions and resolu- tions offered or adopted, and all other action taken, or proceedings had at such meeting. PRINTING RECORD. Section 2. The City Clerk shall cause a condensed record of such proceedings to be published in the official papers. He 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. MONTHLY RECORD. Section 3. That 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 pam- phlet form, and shall furnish copies of the same to the Mayor and member's of the Council and to such other officers as the Council may direct. That 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 incorrett, shall be corrected, and when the record is correct, the same shall, by motion, be aproved. When the record has been so approved, the printed record of each meeting con- tained 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. PERMANENT RECORD. Section 4. 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 months, bound together in book form, together with a com- plete index by subjects of the contents thereof, and when so bound said book shall constitute the per- manent official record for the year, and the same shall be filed and kept in the office of the City Clerk, 1919 Revision Ordinance No. 81. An Ordinance Providing for the Execution of Con- tracts by the City. Be it Ordained by the City Council of the City of Dubuque: HOW EXECUTED. Section 1. All deeds, re- leases, contracts, and conveyances on behalf of the City shall be made in the name of the City of Dubuque, and shall be signed by the Mayor, or in his absence by the Mayor Pro Tem, and attested by the City Clerk, and sealed with the Corporate Seal of the City, and when required by law to be ac- knowledged, the Mayor or Mayor Pro Tem shall acknowledge the same. 1919 Revision Ordinance No. 83. An Ordinance Relating to the Personal Property of the City. Be it Ordained by the City Council of the City of Dubuque: WHO RESPONSIBLE FOR. Section 1. That any officer of the City having in his possession or under his control any personal property of the City shall be responsible for the care and safe keeping of the same, and if any such property shall be lost, in- jured, or destroyed, through the carelessness or mismanagement of such officer, his deputy or agents, he shall be required to replace the same, and if he fails to do so, the value of the property may be deducted from his salary, or his bondsmen may be held liable for the same. MUST GIVE RECEIPTS. Section 2. Whenever any officer shall take office, he shall prepare a complete schedule of all personal property de- livered or turned over to him by his successor or any other person, and shall file such schedule in the office of the Auditor, and shall also give a re- ceipt for the property to the officer from whom he received it. That every officer shall be held re- sponsible for any property in his possession, as provided by Section 1 hereof, until he has delivered the same to his successor or to some other officer authorized to receipt for the same. AUTHORIZED TO PURCHASE. Section 3. No officer or committee of the City shall be author- ized to purchase any personal property in the name of the City, for his own use or for the use of the City, unless he shall first secure a written order for the same from the Committee Clerk. Such order shall show the name of the person or com- mittee to whom issued and shall specify each and every article to be purchased, and a copy of the same shall be delivered to the person or firm from whom the property is purchased, which copy shall be attached and filed with the bill for the same when said bill is presented to the Council for payment. That unless the provisions of this sec- tion are strictly complied with, the City shall not be responsible for any personal property purchased for, or in the name of the city. 1919 Revision Ordinance No. 25. An Ordinance Relating to the Appointment of the Board of Trustees of the Carnegie -Stout Free Public Library and Defining Its Duties and Powers. Be it Ordained by the City Council of the City of Dubuque: LIBRARY BOARD. Section 1. The Carnegie - Stout Free Public Library of the City of Dubuque shall be under the control and direction of the Board of Library Trustees. Said Board shall con- sist of seven members who shall be appointed by the City Council. As the terms of office of the present encumbents of the Board expire, the Coun- cil shall appoint their successors. Three members shall be appointed before July 1, 1929, two mem- bers shall be appointed before July 1, 1931, and two members shall be appointed before July 1, 1933, each of whom shall hold office for six years and until his successor is appointed and qualified. The term of office of any member shall commence on the 1st day of July in the year in which he is ap- pointed. Vacancies occurring on the Board through death, resignation or permanent removal from the city shall be filled by the Council, but such appoint- ments shall be made to fill out the unexpired term for which the appointment is made. Citizens and residents of Dubuque, male or female, over the age of twenty-one years, are alone eligible to member - 2 10, ship on such Board. Members of said Board shall receive no compensation for their services. POWERS. Section 2. Said Board of Library Trustees shall have and exercise the following powers: To meet and organize by the election of one of their number as president of the Board, and by the election of a secretary and such other of- ficers as the Board may deem necessary; to have charge, control and supervision of the public li- brary, its appurtenances and fixtures, and rooms containing the same, directing and controlling all the affairs of such library; to employ a librarian, such assistants and employes as may be necessary for the proper management of said library, and fix their compensation; but, prior to such employ- ment, the compensation of such librarian, assist- ants and employes shall be fixed for the term of employment by a majority of the members of said Board voting in favor thereof; to remove such li- brarian, assistants or employes by a vote of two- thirds of such Board for misdemeanor, incompe- tency or inattention to the duties of such employ- ment; to select and make purchases of books, pamphlets, magazines, periodicals, papers, maps, journals, furniture, fixtures, stationery and sup- plies for such library; to authorize the use of such libraries by non-residents of such cities and towns and to fix charges therefor; to make and adopt, amend, modify or repeal by-laws, rules and regu- lations, not inconsistent with law, for the care, use, government and management of such library and the business of said Board, fixing and enforcing penalties for the violation thereof; and to have ex- clusive control of the expenditures of all taxes levied for library purposes as provided by law, and of the expenditure of all moneys available by gift or otherwise, for the erection of library buildings and of all other moneys belonging to the library fund. Said Board shall keep a record of its pro- ceedings. Said Board of Library Trustees shall have power to contract with the trustees of the township or the board of supervisors of the county or of adjacent townships or counties, or with the trustees or governing bodies of neighboring towns or cities not having library facilities for the pub- lic, to loan the books of said library, either singly or in groups, upon such terms as may be agreed upon in such contract. LIBRARY FUND. TREASURER. Section 3. All moneys received and set apart for the maintenance of the library and all moneys received from any source, shall be deposited in the City Treasury to the credit of the Library Fund, and shall be kept by the City Treasurer separate and apart from all other moneys, and paid out upon the orders of the Board of Trustees, signed by its president and secretary. A quarterly statement of all moneys paid out by the City Treasurer on account of such orders shall be made by the Treasurer and filed with the City Council, such quarterly statements to be made on the first day of January, April, July and October of each year, and said report of the Treasurer shall be in addition to the reports re- quired of the Library Board. HAVE CHARGE OF BUILDING. Section 4. Said Board of Trustees shall have charge and control of the Carnegie -Stout Free Public Library Build- ing andall gifts and donations to the City of Dubuque for library purposes, and see that the same are properly preserved for public use. REPORTS YEARLY. Section 5. Said Board of Trustees shall each year make to the Council a re- port for the year ending December 31st, giving a statement of the condition of the library, the num- ber of books added thereto, the number circulated, the number not returned or lost, the amount of fines collected, and the amount of money expended in the maintenance thereof during such year, to- gether with such information as may be deemed important. 1919 Revision; Amended 3/4/29 Ordinance No. 181. An Ordinance Creating a Department of the City of Dubuque to be Known as a Department of Public Docks. Now, therefore, be it ordained by the City Council of the City of Dubuque: Section 1. That, pursuant to the authority vested in this Council by the electors of the City of Dubuque, there be and there is hereby created a department of the City of Dubuque to be known as the Department of Public Docks. Section 2. That said Ilepartment of Public Docks shall be administe:^ed by the Dock Board consisting of three members to be known as Com- missioners of Public Docks. Section 3. That the members of said Dock Board shall be appointed by the Mayor of the City of Dubuque with the approval of the City Council of said City and the qualifications of the Commission- ers constituting said Board shall be that, they have been residents of the City of Dubuque for a period of not less than five years and shall not at the time of their appointment or during their term of office be interested in or be employed by any common carrier. Said Board shall act without compensa- tion. Section 4. The said Commissioners when first appointed shall hold office for a term of one, two and three years respectively, and shall determine by lot among themselves which commissioners shall hold the respective terms. Thereafter, one Commissioner with the said qualifications shall be appointed annually by the Mayor and the term of of- fice of such Commissioner shall be three years. Section 5. The member of the Board shall qual- ify by taking oath for the faithful performance of their duties. Section 6. Within ten days after their appoint- ment the Commissioners shall meet and organize the Dock Board by the election from among their number of a President and Secretary of said Board, and from time to time shall adopt rules and regu- lations for the government of their department and to govern their proceedings, which shall be adopted by resolution, recorded in a book kept by the Board and known as the Book of Rules and Regulations, and said rules and regulations shall be in force and effect after publication in some newspaper pub- lished and circulated in the City of Dubuque. Section 7. The Board shall maintain an office in the City Hall of the City of Dubuque and keep a rec- ord of all its proceedings and acts and books of ac- count showing all of its financial transactions which records and books of accounts shall at all times be open to public inspection. Section 8. If any commissioner shall at any time during his encumbency cause to have the qual- ifications required by this ordinance for his ap- pointment, or shall wilfully violate any of his du- ties under the law, such Commissioner shall be removed by the Mayor after written charges have been preferred against him and a due hearing of such charges have been had by the Mayor upon reasonable notice to such Commissioner. Vacan- cies occurring in the Board through resignation or otherwise shall be filled by the Mayor for the un- expired term. Section 9. That the powers and duties of the Dock Board shall be such as are prescribed by Chapter 303 of the Code of Iowa, 1924, and all acts and laws that may be passed amendatory or sup- plementary thereto. Passed, adopted and approved upon final reading this 15th day of November, 1926. Ordinance No. 211. An Ordinance Providing for the Approval of Bonds Other Than Bonds of Public Officials, and Re- pealing All Ordinances or Parts of Ordinances in Conflict Herewith. Be it Ordained by the City Council of the City of Dubuque: Section 1. That bonds of every character and description which are necessary to be furnished the City of Dubuque by virtue of the provisions of any ordinance thereof, except only bonds required to be furnished by public officials, may be ap- proved by the City Manager thereof by the endorse- ment of his approval thereon and filed in the office of the City Clerk and such approval shall have the same force and effect as if they were approved by the City Council. Section 2. That all ordinances or parts of ordi- nances in conflict herewith be and the same are hereby repealed. Passed, adopted and approved upon final reading this 12th day of December, 1928. Ordinance No. 59. An Ordinance Relating to the Making of Special As- sessment for Various Purposes. Be it Ordained by the City Council of the City of Dubuque: WHEN APPLICABLE. Section 1. That when- ever it is necessary or deemed advisable for the Council to make an assessment against any piece of property for any special purpose, such as making gas, sewer, water or sanitary connections, the cut- ting of weeds, draining of lots, cleaning of prem- ises, abating nuisances, repairing or destroying buildings; removing snow and ice from sidewalks, cleaning vaults or for any other purpose authorized by law or ordinance or the rules of the Board of Health and no method is prescribed for the assess- ment and collection of such cost, the method shall be as follows: The amount of the cost and expenses shall be reported to the Council by the person or officer directed to do such work or who has had the work done. - METHOD OF MAKING ASSESSMENT. Section 2. The Council shall then direct the Recorder to give 3 10 days notice either by two publications or by mailing a notice that the proposed assessment is to be made, stating the amount and for what pur- pose the expense was incurred and that objections may be made in writing and filed with the Record- er during said 10 days, and when the Council has considered such objections, and made any correc- tions therein, the assessment charge shall be col- lected in the same manner and with like penalties as general city taxes. 1919 Revision Ordinance No. 33-51. Ordinance Prescribing the Manner of Prosecuting Actions Brought for the Violation of the City Ordinances; Providing for the Compensation of the Police Magistrate and Bailiff; and Repealing Ordinance No. 73. Be it Ordained by the City Council of the City of Dubuque: Section 1. That Ordinance No. 73 entitled "An Ordinance Prescribing the Manner of Prosecuting Actions Brought for the Violation of the City Ordi- nances" be and the same is hereby repealed. Section 2. That all proceedings, prosecutions and actions to recover any fine, penalty or forfei- ture, or for the punishment of offenses under and by reason of any violation of any ordinance of the City, shall be commenced in the name of t1 a State of Iowa for the use of the City of Dubuque. Section 3. The Police Magistrate shall have jurisdiction to try and determine all proceedings,. prosecutions or actions arising out of the violation of any ordinance of the City. Section 4. All proceedings, prosecutions or ac- tions shall'be commenced by filing with the Police Magistrate an information sworn to by the person making the complaint. Section 5. Whenever an offense, which is a vio- lation of any of the ordinances of the City, has been committed within the view of any police officer of the City, or when such offense has been committed and a police officer believes the person to be ar- rested has committed such offense, the offender may be arrested without a warrant and be taken before the proper Court at its next session, and an information filed by the person making the arrest and a warrant issued as in other cases. Section 6. In any proceedings, prosecution or action brought to punish a violation of any ordinance of the City, the defendant shall not be entitled to trial by jury or a change of venue, except upon ap- peal, but said action or proceeding shall be tried by the Police Magistrate. Section 7. Any person, who is arrested and charged with having committed an offense, which is a violation of the ordinances of the City, may be released from custody before trial, upon executing a bond with sureties or secured by a cash deposit, for his appearance at the time set for the hearing of the cause for which he was arrested, which bond shall be approved by and filed with the Police Mag- istrate. Any such person who shall be confined in the City prison may be released before trial upon executing a bond with sureties or secured by a cash deposit, sufficient to cover the probable fine and 4 costs in case he is found guilty, the amount to be determined by the desk sergeant in charge at the time of his arrest. Section 8. Upon, conviction or when a plea of guilty has been entered by the defendant, in any ac- tion, the Police Magistrate shall enter judgment and tax the costs, which judgment shall be for an amount not less than the lowest amount fixed, as a penalty for violation of the ordinance, under which the information is filed and which judgment shall not exceed the sum of $ 100. If the fine and costs are not paid, the Police Magistrate shall order the defendant imprisoned for a term not to exceed the term fixed by such ordinance. Section 9. The City Attorney or the Assistant City Attorney, shall prosecute all actions or pro- ceedings brought for the violation of any City Ordi- nance, when the defendant does not plead guilty, and they shall have authority to dismiss any action or proceeding brought in the name of, or in behalf of the City when they deem it for the best interest of the City to 'do so. Section 10. The Police Magistrate shall receive a salary in an amount to be fixed annually by the City Council which shall be in lieu of all fees, and all fees collected shall be paid into the municipal treasury. However, police officers who testify as witnesses while not on duty shall be entitled to witness fees to be collected as part of the costs. Section 11. The salary received by any police officer who acts as Clerk or Bailiff of the Police Court shall be in lieu of all fees provided for such duties. Section 12. The provisions of this Ordinance shall not affect the validity of any proceedings in the Police Court or appeals therefrom pending at the time this Ordinance becomes effective. Adopted August 6, 1951 Ordinance No. 34-51. An Ordinance Fixing and Defining the Fiscal Year for the City of Dubuque to.Provide for the Mak- ing of Annual Appropriations of Funds to be Ex- pended during the ensuing Year and Repealing Ordinance No. 80. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the first day of January of each year shall be and is hereby fixed as the opening of the fiscal year, and that all accounts, records, statements and transactions of every kind or nature shall be based or dated from January 1 of each year as the fiscal year and that all accounts, rec- ords, and transactions be closed on the last day of December as the last day of the fiscal year. Section 2. That at the end of each fiscal year, every officer of the City shall make a full and com- plete report to the Council together with a state- ment of all money received and expended by him during said year, which report shall be filed with the City Clerk before the first day of February of each year. That on or before the first day of Janu- ary of each year, the Council shall- make an appro- priation for all the expenditures of the City govern- ment for the following year, commencing on the first day of January. Such appropriation shall enumeratepulthe for which the sameartments, fis madeobjects, shall and purposes set forth the amount. Section 3. The Auditor shall, on the first day of January of each year, open an account with each fund thus created, by placing the amount appor- tioned to the credit of such fund, and all warrants drawn against such fund during the year shall be charged by him to such fund. That no warrant shall be drawn or paid, or indebtedness contracted on account of any fund for which an appropriation was not made for the current year. Section 4. That Ordinance No. 80 entitled "An Ordinance Fixing and Defining the Fiscal Year for the City to Provide for the Making of an Annual Ap- propriation of Funds to be Expended during the Ensuing Year." be and the same is hereby repealed. Section 5. This Ordinance shall be in full force and effect from and after its final passage, adop- tion and publication as by law provided. Passed, adopted and approved this 6th day of Au- gust 1951. Ordinance No. 35-51. An Ordinance Providing for the Organization of the City Council and,Repealing Ordinance No. 92 and Ordinance No. 20-41. Be it Ordained by the City Council of the City of Dubuque: - Section 1. That Ordinance No. 92 entitled "An Ordinance Providing for the Election of Council- men and Prescribing the Powers and Duties of the Council" is hereby repealed. Section 2. That Ordinance No. 20-41 entitled "An Ordinance Prescribing Compensation for Mem- bers of the City Council" is hereby repealed. Section 3. That the City of Dubuque shall be governed by a City Council who shall be elected, take office and have such powers and duties as may now or hereafter be provided by the laws of the State of Iowa applicable to cities operating under the "Council Manager by Popular Election" form of municipal government. Section 4. The compensation of the members of the City Council shall be $ 500.00 per annum, pay- able monthly except that the compensation of the members of the City Council holding office at the time of the passage of this Ordinance shall be $ 300.00 per annum payable monthly during their current term of office. Section 5. Regular meetings of the Council shall be held on the first Monday of each month and spe- cial meetings may be called from time to time by the Mayor or a majority of the members of the .Council. Section 6. Three members shall constitute a quorum for the transaction of business. Adopted August 20, 1951 5 CHAPTER II Elections Ordinance No. 159. An Ordinance Establishing a Single Ward for the City of Dubuque and Dividing the Same into Election Precincts, Establishing such Precincts and Defining the Boundaries Thereof. Be it Ordained by the City Council of the City of Dubuque: Section 1. That all of the territory embraced within the corporate limits of the City of Dubuque shall be confined within a single ward, which ward shall be co -extensive with the limits of said city. Section 2. That for the convenience of its citi- zens and to facilitate the casting of ballots at elec- tions, the ward hereby created shall be divided into fifteen (15) precincts, the boundaries of each shall be as follows: FIRST PRECINCT. Commencing at the easterly limits of the city, thence proceeding westerly on the south side of the north line of Linhein's Subdivision to Laurel street, thence southwesterly on the southwesterly side of the northwesterly line of the Subdivision of Mineral Lot 20 to the southeasterly lot line of Lot 19 of Rowan's Addition, thence southwesterly along said lot line to a point where the same is intersected by the quarter section line of Section 36, thence west- erly to the south of said quarter section line to the center of Section 36, thence westerly along said quarter section line and to the south thereof to a point where said section line intersects Southern avenue, thence northeasterly along the westerly side of Southern avenue to Samuel street, thence northwesterly on the westerly side of Samuel street to Levi street, thence northeasterly across Samuel street at Levi street, thence southerly on the east side of Samuel street to Southern avenue, thence northerly on the west side ,of Southern avenue to Valley street (excluded from this precinct, how- ever, are all residents located upon both sides of Southern avenue and Samuel street within the boundaries of the precinct described) and thence northwesterly on the southwesterly side of Valley street to Quinn street, thence northerly on the west side of Quinn street to Union street, thence northerly on the west side of Union street to Ris- ing street, thence westerly on the south side of Rising street to Dodge street, thence westerly on the south side of Dodge street to South Hill street, thence southerly on the east side of South Hill street to Grandview avenue, thence across Grand- view avenue to Henderson street, thence southwest- erly on the east side of Henderson street to the end of said street, thence southwesterly on the south- east of a line drawn from Henderson street to the northwest corner of Min. Lot 137, thence southerly to the east of the west line of Min. Lot 137, thence southerly to the east of the same line extended to the northwest corner of Min. Lot 135, thence south- erly to the east of the west line of Min. Lot 135 to the southwest corner of said Min. Lot, thence west - 6 dl erly to the south of the north line of Min. Lot 127 to the northwest corner of said Min. Lot, thence southerly to the east of the west line of Min. Lot 127 and Min. Lot 124 to the quarter section line of Section 35, thence westerly along the south of said quarter section line to the center of Section 35, thence southerly along the east of the quarter sec- tion line from the center of Section 35 to the south limits of the City, thence easterly along the south limits of the City to the easterly limits, and thence northerly to the place of beginning. SECOND PRECINCT. Commencing at the quarter section corner on the south side of Section 35, being the south limits of the city, thence northerly along the west of said quarter section line to the center of Section 35, thence easterly to the north of the quarter section line to where it intersects the west line of Min. Lot 124, thence northerly to the west side of the east line of Min. Lot 123, and 128 to the northwesterly corner of Min. Lot 127, thence easterly to the north of the north line of Min. Lot 127 to the south- west corner of Min. Lot 135, thence northerly to the west of the east line of Min. Lot 134 to the northwest corner of Min. Lot 135, thence northerly to the west of a line drawn from the northwest corner of Min. Lot 135 to the northwest corner of Min. Lot 137, thence northeasterly to the north- west of a line drawn from the northwest corner of Min. Lot 137 to the south line of Henderson street, thence northeasterly on the northwest side of Henderson street to Grandview avenue thence across Grandview avenue, thence northeasterly on the northwest side of South Hill street to Dodge street, thence easterlyon the north side of Dodge street to Hill street, thence northerly on the west side of Hill street to Langworthy avenue, thence westerly on the south side of Langworthy avenue to Booth street, thence northerly on the west side of Booth street to West Third Street, thence westerly on the south side of West Third street to College street, thence northwesterly on the southwest side of College street to West Fifth street, thence west on the south side of West Fifth street to Delhi street, thence westerly along the southerly side of Delhi street, to Auburn street, thence southerly on the east side of Auburn street to Grace street, thence westerly on the south side of Grace street to Algona street, thence southerly on the east side of Algona street to West Third street, thence westerly on the south side of West Third street to the west- erly limits of the city, as if said West Third street were produced to said westerly city limits, and thence south along the west limits of the city to the south limits, thence east to the place of beginning. THIRD PRECINCT. Commencing at the easterly limits of the city, thence proceeding westerly along the northerly side of the north line of Linhein's Subdivision to Laurel street, thence southwesterly on the northwesterly side of the'northwesterly line of Subdivision of Min. Lot 20 to the southeasterly lot line of Lot 19 of Rowan's Addition, thence southwesterly on the north side of Lot 19 of Rowan's Addition to a point where the same intersects the quarter sec- tion line of Section 36, thence westerly on the north side of said quarter section line to the cen- ter of Section 36, thence westerly on the north side of said quarter section line to Southern avenue, thence northeasterly on the easterly side of South- ern avenue to Valley street (included, however, in this precinct are all residents upon both sides of Southern avenue and Samuel street within the limits of this precinct), thence across Southern avenue to Valley street, thence northwesterly on the northeasterly side of Valley street to Quinn street, thence northerly on the east side of Quinn street to Union street, thence northerly on the east side of Union street to Rising street, thence west- erly on the north side of Rising street to Dodge street, thence westerly on the north side of Dodge street to Hill street, thence northerly on the east side of Hill street to West Third street, thence easterly on the south side of West Third street to Burch street, thence northerly on the east side of Burch street to Fenelon Place, thence easterly on the south side of Fenelon Place to West Fourth street, thence easterly on the south side of West Fourth street to Central avenue, thence easterly on the south side•of East Fourth street to the easterly limits of the city, thence southerly to the place of beginning. FOURTH PRECINCT. Commencing at the easterly limits of the city, thence proceeding westerly on a direct line to East Fourth street, thence westerly on the north side of East Fourth street to Central avenue, thence west- erly on the north side of West Fourth street to Fenelon Place, thence westerly on the north side of Fenelon Place to Burch street, thence southerly on the west side of Burch street, to West Third street, thence westerly on the north side of West Third street to Hill street, thence northerly on the east side of Hill street to West Fifth Street, thence west- erly on the north side of West Fifth street to Wilson street, thence northerly on the east side of Wilson street to Julien avenue, thence easterly on the south side of Julien avenue to West Eighth street, thence easterly on the south side of West Eighth street to Central avenue, thence easterly on the south side of East Eighth street to the easterly limits of the City, thence southerly to the place of beginning. FIFTH PRECINCT. Commencing at the intersection of Langworthy and Hill streets, thence proceeding westerly on the northerly side of Langworthy street to Booth street, thence northerly on the easterly side of Booth street to West Third street, thence westerly on the northerly side of West Third street to Col- lege street, thence northerly on the easterly side of College street to West Fifth street, thence westerly on the northerly side of West Fifth street to Delhi street, thence north easterly on the easterly side of Delhi street to Mt. Pleasant street, thence norther- ly on the easterly side of Mt. Pleasant street to West Fourteenth street, thence easterly on the southerly Side of West Fotirteenth street to Bel- mont street, thence southerly on the westerly side of Belmont street to Rose street, thence easterly on the southerly side of Rose street to Center Place, thence southerly on the westerly side of Center Place to Julien avenue, thence easterly on the southerly side of Julien avenue to Wilson street, thence southerly on the westerly side of Wilson street to West Fifth street, thence easterly on the southerly side of West Fifth street to Hill street, thence southerly on the westerly side of Hill street to the place of beginning. SIXTH PRECINCT. Commencing at the westerly limits of the City at a point where West Third street, if produced, to said limits would intersect the same, thence pro- ceeding easterly on the northerly side of West Third street, thus produced, to West Third street, thence easterly on the northerly side of West Third street to Algona street, thence northerly on the westerly side of Algona street to Grace street thence easterly on the northerly side of Grace street to Auburn street, thence northerly on the westerly side of Auburn street to Delhi street, thence easterly on the northerly side of Delhi • street to Mt. Pleasant street thence northerly on the westerly side of Mt. Pleasant street to West Fourteenth Street, thence easterly on the northerly side of West Fourteenth street to Alta Vista street, thence northerly on the westerly side of Alta Vista street to Kirkwood street, thence westerly on the southerly side of Kirkwood street and Kirkwood street produced to Rosedale avenue, thence west- erly on the southerly side of Rosedale street to Adair street, thence south easterly on a line drawn northwesterly from the intersection of Rosedale and Adair streets to the intersection of West Lo- cust and Seminary streets, thence northeasterly on the northerly side of West Locust street to a point where Abbott street if produced would intersect West Locust, thence northerly on the westerly side of Abbott street, thus produced, to the alley be- tween Lowell and Seminary streets, thence wester- ly on the southerly side of said alley produced to the westerly city limits, Thence southerly along the westerly city limits to the northerly line of Seminary Street and Stout Road, thence westerly along the northerly side of Stout Road to the Asbury Road; thence along the northerly side of the Asbury Road to Avalon Road thence southerly along the westerly side of Avalon Road to the west line of Avalon Road, and the south line of Asbury Road and running N73° 57'W a dis- tance of 111.5 feet along the southerly line of As- bury Road to the northwest corner of lot 2 of lot 1 of lot 1 of lot A of Hillcrest Park; thence southerly along the westerly line of said lot to the southwest corner of said lot; thence east along the south line of said lot a distance of 21.42 feet to the northwest corner of lot 1 of Block 1 of Power's Heights to the north line of "Valleyview Road extended; thence south across Valleyview Road extension to the northwest corner of lot 1 of Block 2 of Power's Heights; thence south along the west line of Block 2 of Power's Heights to the north line of Hillcrest Road extended; thence south across Hillcrest Road extended to the south line of Hillcrest Road extend- ed; thence east along the south line of Hillcrest Road extended to the west line of Avalon Road, thence easterly along the southerly boundary of Hillcrest Road to the Northwest corner of Lot 1 to 2 of Mineral Lot 261, thence southerly along the 7 westerly boundary of Lot 1 of 2 of Mineral Lot 261 and Lot 1 of 2 of 1 of 1 of Links Sub. to the south- west corner of Lot 1 of 2 of 1 of 1 of Links Sub. thence easterly along the south boundary line of Lot 1 of 2 of 1 of 1 of Links Sub, to the southerly boundary of Asbury Road, thence southeasterly along the southerly boundary of Asbury Road to the city limits and thence southerly along the westerly City limits to the place of beginning. SEVENTH PRECINCT. Commencing at the easterly limits of the city, thence proceeding westerly to East Eighth street, thence westerly on the north side of East Eighth street to Central avenue, thence westerly on the north side of West Eighth street to Main street, thence northerly on the east side of Main street to West Fourteenth street, thence easterly on the south side of West Fourteenth street to Central avenue, thence easterly on the south side of East Fourteenth street to the easterly limits of the city, thence southerly to the place of beginning. EIGHTH PRECINCT. Commencing at the northwest corner of Main and West Eighth street, thence proceeding westerly on the north side of West Eighth street to Julien avenue, thence westerly on the north side of Julien avenue to Center Place, thence northerly on the easterly side of Center Place to Rose street, thence westerly on the northerly side of Rose street to Belmont street, thence northerly on easterly side of Belmont street to West Fourteenth street, thence easterly on the southerly side of West Four- teenth street to Main street, thence southerly on the westerly side of Main street to the place of beginning. NINTH PRECINCT. Commencing at the easterly limits of the city, thence proceeding westerly on East Fourteenth street, thence westerly on the northerly side of East Fourteenth street to Central avenue, thence westerly to the northerly side of West Fourteenth street to Main street, thence northerly on the easterly side of Main street to West Seventeenth street, thence easterly on the southerly side of West Seventeenth street to Heeb street, thence norther- ly on the easterly side of Heeb street to East Nine- teenth street produced to Heeb street, thence east- erly on the southerly side of East Nineteenth street produced and East Nineteenth street to the easterly limits of the city, thence southerly to the place of beginning. TENTH PRECINCT. Commencing at a point where Seminary street intersects West Locust street, thence proceeding easterly on the southerly side of West Locust street to a point where Abbott street, if produced, would intersect West Locust street, thence norther- ly on the easterly side of Abbott street, thus pro- duced, to the alley lying between Lowell and Seminary streets, thence easterly on the southerly side of said alley to Harold street, thence easterly to the south of a line drawn midway between Lowell street and Seminary street to Main street, thence easterly to the south of a line drawn from Main street to Heeb street to Twentieth street produced, thence southerly on the westerly side of 8 Heeb street to West Seventeenth street, thence westerly on the northerly side of West Seventeenth street to Main street, thence southerly on the westerly side of Main street to West Fourteenth street, thence westerly on the northerly side of West Fourteenth street to Alta Vista street, thence northerly'on the easterly side of Alta Vista street to Kirkwood street, thence westerly on the north- erly side of Kirkwood street and Kirkwood street produced to Rosedale avenue, thence westerly on the northerly side of Rosedale avenue to Adair street, thence northwesterly to the east of a line drawn from Adair street to the place of beginning. ELEVENTH PRECINCT. Commencing at the westerly limits of the city at a point where the alley lying between Lowell and Seminary streets if produced on a direct line would intersect said limits, thence proceeding easterly on the northerly side of said alley, thus produced, to the westerly end of said alley, thence easterly on the northerly side of said alley to Harold street, thence easterly to the north of a line drawn mid- way between Lowell and Seminary streets to Main street, thence easterly to the north of a line drawn from Main street to Heeb street at Twentieth street produced, thence southerly on the east side of Heeb street to East Nineteenth street produced, thence easterly on the north side of East Nine- teenth street to the Chicago Great Western Rail- road right-of-way, thence northerly on the west side of the Chicago Great Western Railroad right- of-way to East Twenty-second street, thence westerly on the south side of East Twenty-second street to Central avenue, thence westerly on the southerly side of Kaufmann avenue to Valeria street, thence westerly on the southerly side of Valeria street to Lewis street, thence westerly on the westerly side of Lewis street to Wallace street, thence westerly on the westerly side of Wallace street to Monroe street, thence westerly on the southerly side of Monroe street and souther- ly on the easterly side of Monroe street to Kane street, thence westerly on the southerly side of Kane street to a point where Gay street produced would intersect Kane street, thence westerly to the south of a line drawn parallel to and six hundred feet north of Kane street to the westerly limits of the City, of Kane street were produced to said limits, thence southerly to the place of beginning. TWELFTH PRECINCT. Commencing on Kane street at a point where Gay street if produced westerly to Kane street would intersect the same, thence proceeding east- erly on the southerly side of Gay street to Broad- way, thence easterly on the southerly side of Broad- way to Diagonal street, thence easterly on the southerly side of Diagonal street to Central avenue, thence northerly on the easterly side of Central avenue to East Twenty-sixth street, thence easterly on the southerly side of East Twenty-sixth street to Marquette Place, thence southerly on the westerly side of Marquette Place to Queen street, thence southerly on the westerly side of Queen street to East Twenty-fourth street, thence westerly on the northerly side of East Twenty-fourth street to Prince street, thence southerly on the westerly side of Prince street to East Twenty-second street, thence westerly on the northerly side of East Twenty-second street to Central avenue, thence westerly on the northerly side of Kaufmann avenue to Valeria street, thence northwesterly on the easterly side of Valeria street to Lewis street, thence northwesterly on the easterly side of Lewis street to Wallace street, thence northwesterly on the easterly side of Wallace street to Monroe street, thence southerly on the northerly side of Monroe street to Kane street, thence northwesterly on the northerly side of Kane street to the place of beginning. THIRTEENTH PRECINCT. Commencing at the westerly limits of the city at a point six hundred feet north of Kane street pro- duced to intersect said limits, thence proceeding :easterly on a direct line parallel with Kane street and six hundred feet north thereof to a point where Gay street, if produced would intersect Kane street, thence easterly on the northerly side of Gay street to Broadway, thence southeasterly on the northeasterly side of Broadway to Diagonal eet, thence easterly on the northerly side of `Diagonal street to Central avenue, thence northerly on the westerly side of Central avenue to East Twenty-sixth street, thence northeasterly on the northerly side of East Twenty-sixth street to Marquette Place, thence northerly to the westerly side of Marquette Place and Marquette Place pro- duced to Morton street, thence northerly on the westerly side of Morton street to East Twenty- eighth street, thence northerly to the northerly city limits to the west of a line drawn from Morton street midway between Pinard and Brunswick streets, thence westerly on the northerly line of the city limits to the westerly limits thence south- erly to the place of beginning. FOURTEENTH PRECINCT. Commencing at the easterly limits of the city, thence proceeding westerly to East Nineteenth street, thence westerly on the northerly side of East Nineteenth street to the Chicago Great West- ern Railroad right-of-way, thence northerly on the easterly side of the Chicago Great Western Rail- road right-of-way to East Twenty-second street, thence northerly on the easterly side of East ,Twenty-second street to Prince street, thence northwesterly on the easterly side of Prince street to East Twenty-fourth street, thence east- erly on the southerly side of East Twenty-fourth street to Queen street, thence northerly on the Easterly side of Queen side to Marquette Place, thence westerly on the easterly side of Marquette Place and Marquette Place produced to Morton street, thence northerly on the easterly side of Morton street to East Twenty-eighth street, thence northwesterly to the east of a line drawn from Morton street midway between Pirard street and Brunswick street to the northerly limits of the city, thence easterly along the northerly limits of the city and Davis street to the south 1/4 corner of section 12, T89N, R2E of 5th P.M.; thence north a distance of 2,659 feet to the center of section 12; thence east a distance of 1,983.9 feet to the north- east corner of lot 1 of 1 of Bethany Addition; thence south a distance of 729 feet to the northwest corner of lot 2 of lot 1 of the N. E. 1/4 of the S. E. 1/4 of section 12; thence east a distance of 654.75 feet to the northeast corner of lot 2 of lot 1 of the N. E. 1/4 of the S. E. 1/4 of section 12; thence south a distance of 1,775,6 feet to the corner of sections 7, 12, 13 and 18 at the easterly boundary of Lin- wood Cemetery; thence southerly along the easterly side of Linwood Cemetery to Thomas Street, thence southwesterly on the westerly side of Thomas street to Stafford street, thence southeasterly on the southerly side of Stafford street and Stafford street produced to East Twentieth street to the easterly limits of the city, thence southerly to the place of beginning. FIFTEENTH PRECINCT. Beginning at the easterly boundary line of the city, thence proceeding westerly to East Twentieth street, thence westerly on the northerly side of East Twentieth street to Stafford street produced, thence northwesterly on the northerly side of Staf- ford street produced and Stafford street to Thomas street, thence northerly on the easterly side of Thomas street to the easterly boundary line of Linwood Cemetery, thence northerly along the easterly boundary line of Linwood Cemetery to the northerly city limits, thence easterly to the east- erly city limits, thence southerly to the place of beginning. Section 3. That where ever streets and alleys are referred to in this ordinance, the center lines thereof shall be the boundary line of the precincts. Section 4. The various election precincts here- by established shall be published in the official newspapers of the City of Dubuque once a week for three (3) consecutive weeks, the last publication to be at least thirty (30) days prior to the next general election. Passed, adopted and approved upon final reading this 11th day of September, 1924. Amended 4/ 26/ 46; 9/ 6/ 49; 6/ 15/50 Ordinance No. 39-29, An Ordinance Establishing Permanent Registration for Voters in the City of Dubuque, Iowa; Adopt- ing the Provisions of Chapter 39-B1 of the Code of Iowa, 1927, as Amended by the Acts of the 43rd G. A. and Repealing All Ordinances or Parts of Ordinances in Conflict Herewith. Be it Ordained by the City Council of the City of Dubuque: PERMANENT REGISTRATION. Section 1. That there be and there is hereby established for the City of Dubuque the plan of permanent registration for voters as provided by Chapter 39-B1 of the Code of Iowa, 1927, and amended by the acts of the 43rd G. A., all of which provisions are hereby adopted and made applicable tothis ordinance just as much as if each section of said chapter and amendments thereto were inclosed herein and such plan of reg- istration shall be used at all elections hereafter held within the City of Dubuque at which registra- tion is required. COMMISSIONER OF REGISTRATION. Section 2. The City Clerk is hereby appointed and designated the Commissioner of Registration and he shall have all the powers and perform all of the duties re- quired of him by the laws of Iowa relating to such registration. OPPORTUNITIES FOR REGISTRATION. Sec- tion 3. The Registration places in the precincts 9 shall be open for registration not less than two, or more than four days in the year 1930 and up to and including the 10th day prior to the next election during the hours of 7 o'clock A. M. and 8 o'clock P. M. on each of such days. EXPENSE. Section 4. The cost of materials, equipment and labor for the installation and main- tenance of the permanent registration system shall be shared equally by the City of Dubuque and the County of Dubuque. Passed, adopted and approved upon final reading this 13th day of September, 1929. Ordinance No. 1-30. An Ordinance Fixing the Dates Upon Which Electors of the City of Dubuque May Register Under the Permanent Registration System Now in Force in Said City. Be it Ordained by the City Council of the City of Dubuque: Section 1. That on the following dates registra- tion of persons who are now or who will be entitled to vote at the first election to be held in the City of Dubuque in the year 1930 will be held at the places to be designated by the Commissioner of Registra- tion in each voting precinct in said City, to -wit, 10 February 1, February 8, February 15, and Febru- ary 28, the registration places to be open from 7 o'clock A. M. to 9 o'clock P. M. Section 2. That, before any electors shall be permitted to vote at the first election to be held in the year 1930, he shall be required to register at the times and places above stated, Section 3. That the Commissioner of Registra- tion, or a duly authorized clerk acting for him shall, up to and including the 10th day next preced- ing any election, receive the Application for Regis- tration of all such qualified voters as shall person- ally appear for registration at the office of the Commissioner during regular office hours or at such other times as the commissioner may desig- nate, or at any place as is designated by him for registration, who then are,or on the date of election next following the day of making such application, will be, entitled to vote. Section 4. That any elector who has once regis- tered in the above manner stated need not register again unless he changes theplace of his residence or unless he fails to vote at least once in four cal- endar years wherein elections are held. Passed, adopted and approved upon final reading this 27th day of January, 1930. Amended 9/25/44. CHAPTER III Officers and Employees Ordinance No. 93. An Ordinance Provided for the Election of Mayor and Mayor Pro Tem and Prescribing His powers and Duties. e it Ordained by the City Council of the City of Dubuque: ELECTION OF MAYOR AND MAYOR PRO TEM. ection 1. The Council shall organize itself into a orking body at the first meeting following the regular biennial election and at the first meeting at :which newly elected members qualify and assume their positions in the Council. The Council shall elect one of their number as chairman and presid- ing officer who shall be designated as Mayor of the City. If at any meeting, the presiding officer or Mayor be not present, the members of the Council ` s present shall select one of their number to act as presiding officer pro tempore, and his act as pre- -siding officer pro tempore shall have the same force and legality as though performed by the reg- ularly elected presiding officer of the Council. POWERS AND DUTIES. Section 2. The Mayor shall be recognized as the official head of the City, by the courts and officers of the State, upon whom service of civil process may be made. He may take command of the police and govern the .city by proclamation in times of public danger, or during any emergency, and shall be the judge as to what constitutes such public danger or emergency. He shall also perform such duties as the election laws of the State impose upon the Mayor of the City. He shall sign all bonds, deeds_to real estate, mortgages and releases. He shall sign and execute all public improvements contracts, provided, however, that the council may delegate the power to sign and exe- cute such improvement contracts to the Manager, whose acts shall then be taken as the acts of the Mayor for and on behalf of the City. The election "of a member of the council as Mayor shall not give him or confer upon him any additional power or authority, except such as herein provided, and such as is ordinarily exercised by a presiding officer. Passed on final reading July 6, 1920. Ordinance No. 89. An Ordinance Providing for the Appointment of a City Manager, Fixing his Compensation and Prescribing his Duties and Powers. Be it Ordained by the City Council of the City of Dubuque: MANAGER -APPOINTMENT -TENURE OF OF- FICE. Section 1. It shall be the duty of the Council to appoint some competent person manager of the ity, who shall be and act as the administrative head thereof under the direction and supervision of the Council, and shall hold office at its pleasure. OATH. Section 1. Before entering upon his duties the manager shall take an oath that he will support the constitution of the United States, the constitution of the State of Iowa, and without fear or favor, to the best of his ability, he will faithfully and honestly perform the duties of his office. BOND. Section 3. He shall execute a bond with a reliable surety company as surety theron, to be paid for by the City, in such sum as the Council may, by resolution determine, which bond shall be conditioned for the faithful performance of his du- ties and shall be in favor of the City of Dubuque. OFFICE. Section 4. The manager shall have his office at the City Hall, which office shall be open on all days, Sundays and holidays excepted, for the transaction of business for the City. RESIDENCE. TEMPORARY. APPOINTMENT. Section 5. The Council in appointing a manager need not be influenced by the residence of non -res- idence of the person selected, having regard for his qualifications and fitness for the position. During the absence of the manager by leave of the Council, through sickness or other unavoidable causes, the Council may designate some properly qualified person to perform and execute the duties of his of- fice. POLITICAL INFLUENCE. Section 6. The man- ager shall take no part in any election held for the purpose of electing councilmen, except that he may attend at the polls and cast his vote. Any attempt on the part of the manager to influence or induce any elector to vote for any person seeking office of councilmen shall be a misdemeanor and punished as provided by law, and, in addition thereto, he may be removed from office. APPOINTMENT. DISCHARGE. Section 7. The manager shall appoint all employees of the City, together with deputies and assistants, except the clerk, police judge or magistrate, solicitor, assist- ant solicitor, corporation counsel, assessor, mem- bers of the library board and board of review, and fix their salaries subject to the approval of the council. He shall also have the power and authori- ty to discharge any employee whom he has the power to appoint, with or without cause and without right of appeal, except as may be provided for in other ordinances of the City. POWERS_AND DUTIES. Section 8. He shall have and exercise all of the powers and duties conferred upon him by the 36th G. A. (H.F. 4081, Par. 25) and such other powers and duties as are incidental to and not inconsistent with those conferred, and such other and further powers as may, from time to time, be conferred upon him by law. ACTS OF -MAYOR. Section 9. Whenever any power or duty is by law vested in the Mayor which is administrative and proprietary in character, as distinguished from legislative, the manager shall perform such duties and exercise such powers and his acts when approved by the Council, shall be taken as the acts of the Mayor. Passed on final reading July 6, 1920. 11 Ordinance No. 90. An Ordinance Providing for the Appointment and Qualifications of Certain Officers, Fixing Their Term of Office, and Salary. Be it Ordained by the City Council of the City of Dubuque: APPOINTMENTS BY COUNCIL. Section 1. The City Council shall, and it is hereby made its duty, to appoint a Clerk, a Police Judge or Magistrate, a Solicitor, an Assessor, and the members of the Library Board as their terms of office expire. It may also appoint a Corporation Counsel, and As- sistant Solicitor if deemed advisable. MANAGER. Section 2. The Council shall also appoint a manager in accordance with the provi- sions of Ordinance No. 89, who shall possess and exercise all of the powers and duties therein prescribed. QUALIFICATIONS. Section 3. In making the ap- pointments above provided for the Council shall be influenced only by the ability, honesty, integrity, and fitness for the position to which the appoint- ment is made and no preference shall be given to any person on account of political influence. Before entering upon the duties of his office each appointee shall take an oath or affirmation that he will sup- port the constitution of the United States, the con- stitution of the State of Iowa, and faithfully and hon- estly without fear or favor, perform the duties of his office to the best of his ability, which oath shall be administered by the Mayor, or presiding officer of the Council, and in the absence, by the manager. TERM OF OFFICE. Section 4. All appointments shall be made at the pleasure of the Council and any officer appointed by the Council may be discharged with or without cause and competent person ap- pointed to fill the vacancy thus created. SALARIES. Section 5. The annual salaries of the officers appointed shall be as herein pre- scribed, which salaries shall be paid in semi- monthly installments to each officer entitled there- to. The salaries herein provided for may be changed from time to time at the will of the Coun- cil. Salaries shall be paid to the following officers in the following amounts, to -wit: City Manager $ 8,400.00 City Solicitor 3,600.00 Assistant Solicitor 1,800.00 Police Judge or Magistrate . 1,500.00 City Assessor 2,200.00 City Clerk 1,800.00 NOT INTERESTED IN CONTRACT. Section 6. No officer appointed by the Council, during his term of office, shall be interested, directly or indirectly, in any contract wherein the City is a party or shall receive any benefit growing out of any such contract. Any violation of this section shall be deemed suffi- cient to cause the removal of such officer. Passed on final reading July 6, 1920. Ordinance No. 91. An Ordinance Providing for the Appointment of As- sistants and Employees. Be it Ordained by the City Council of the City of Dubuque: 12 MANAGER SHALL APPOINT. Section 1. Ex- cept the officers appointed by the Council under Ordinance No. 90, and such employees as are spe- cifically provided for by law, the Manager shall appoint all deputies and employees of the City and fix their salaries, subject to the approval of the Council. Such employees shall be directly under the supervision and control of the Manager and he shall prescribe their duties and make such rules and regulations regarding the conduct of their de- partments as he shall' deem advisable. SALARIES. Section 2. The Manager shall fix the salaries of such employees and appointees, as he has power to employ or appoint, from time to time and report such salaries to the Council and receive the approval of the Council thereon. DISCHARGE. Section 3. All appointments made by the Manager shall continue until terminated by him, and any appointee or employee may be dis- charged summarily by him, with or without cause. BOND. Section 4. Employees, assistants or deputies, when required by the Manager, shall file a bond before taking office, in such an amount as shall be considered adequate and said bond shall run in favor of the City of Dubuque. Passed on final reading July 6, 1920. Ordinance No. 9. An Ordiance Defining the Duties and Powers of the City Clerk. Be it Ordained by the City Council of the City of Dubuque: CLERK OF COUNCIL. Section 1. The City Clerk shall act as clerk of all meetings of the Council, and shall keep a complete record of all proceedings had at said meetings. He shall re- ceive and file all petitions, communications, and other papers or records which are brought before the Council in the administration of its business. He shall make a record of all resolutions, laws, and ordinances offered or adopted, and of all other business transacted at each meeting. SHALL PUBLISH RECORD. Section 2. He shall prepare and publish all records of the proceedings of the Council, both in the official papers and in the monthly and yearly official record as provided in Ordinance No. 82. CUSTODIAN OF RECORDS. Section 3. He shall have custody of all ordinances, resolutions and orders passed by the Council, also all reports of officers or committees, and all other papers and records filed with him or with the Council, includ- ing notices served upon the City, all of which shall be endorsed with his signature, and the date when filed or served. He shall place all such instru- ments of record in his office in the books provided for that purpose, which shall be the permanent rec- ord of all such instruments, and he shall publish such instruments when required by the ordinances of the City or the laws of Iowa. He shall not allow any papers, records or documents filed in his of- fice to be taken therefrom, except by an officer en- titled to the possession of the same, and he shall require such officer to receipt to him for the same. He shall furnish a certified copy of any paper, rec- ord, or document filed in his office to any officer -when the same is necessary, without charge, and he shall furnish Cr- edertified copy to anfother for which he shall receive e25 gon _when req cents per folio, which shall be paid into the general fund -of the City. SHALL SERVE NOTICES. Section 4. He shall serve all notices on behalf of the City in the man- ner- provided and as required by resolution, ordi- .nance, or the laws of Iowa, and shall secure an af- 'fidavit of publication and file the same in his office and record the same as part of the records of his `office. CUSTODIAN OF SEAL. Section 5. He shall have e custody of the seal of the City and shall attach yne same to all deeds, contracts, bonds, or other instruments which are required by law or ordi- rif,,an.. ce to be attested by him as City Clerk and sj'all keep a record of the same in the book kept for- that purpose in his office. `CLERK OF BOARD OF HEALTH. Section 8. rye shall act as Clerk of the Board of Health, and shall attend all of its meetings, and keep a record of ;the proceedings of such meetings. He shall make reports of the proceedings of the Board to the Council, as provided by the rules of the Board, and. shall make all reports to the State Board of Health, which may be required by ordinance or the laws of Iowa, or by the rule of the State Board of Health. All proceedings, orders, rules and regula- tions of the Board shall be attested by him, as ,Clerk of the Board, and he shall publish all notices necessary to be published by the Board as provided ordinance or the laws of Iowa. GENERAL POWERS AND DUTIES. Section 10. He shall exercise all of the powers and perform all -Of the duties, as provided by ordinance or the laws of Iowa.• He shall also exercise all the powers and duties of the City Clerk as provided by the laws of ,Iowa, unless otherwise provided by ordinance. 919 Revision Ordinance No. 12. Ordinance Defining the Duties and Powers of the City Solicitor. 0e it Ordained by the City Council of the City of Dubuque: SPECIAL DUTIES. Section 1. It shall be the duty of the City Solicitor: 1st. To appear for the City and prosecute or de- fend all causes in the District and Supreme Courts Of the State and the District, Appellate, and Su- preme Courts of the United States in which the City is a party 'or interested. 2nd. When requested to do so by the Mayor or pity Council, or when in his judgment the interest of,the City require it, he shall appear in behalf of the City before any other Court or tribunal to pros- ecute or defend all actions or proceedings in which the City may be a party or interested. 3rd. He shall give his legal opinion upon ques- ,tions of law arising out of any ordinance, suit, claim, Or demand for or against the City; and shall act as zthe legal advisor of the Council and of any or all of .the ' ITy"officers, so far as their official duties are lie shall give such opinion in writing if called upon to do so. He shall, when requested, pre- pare drafts for contracts, forms and other docu- ments which may be required for the use of the City. 4th. He shall keep as a part of the records of his office a docket of all cases wherein he has ap- peared as City Solicitor on behalf of the City, and shall enter in said docket an entry of all proceed- ings had in such cases. He shall deliver the said docket, together with all books, papers, and docu- ments in his possession belonging to the City, or pertaining to its business, to his successor in of- fice. He shall keep and preserve as a part of the records of his office a copy of all printed ab- stracts, briefs and arguments, in all cases in which the City is a party or interested, and the same shall be transmitted to his successor in of- fice. 5th. He shall prepare and file with the City Council at the first regular meeting in January of each year, an abstract of all cases in which he has appeared as City Solicitor during the preceding year, together with a statement of the result or condition of said cases. SPECIAL POWERS. Section 2. The City Solici- tor shall have the power to adjust claims filed or litigation pending against -the City, and to settle the same in the name of the City, with the approval of the Council. He shall also have authority to draw orders upon the -Treasury for the payment of wit- ness fees, court costs, and other expenses inciden- tal to litigation, in which he appears as City Solici- tor, which orders shall be in writing and shall state the name of the payee, the name of the action, and the purpose for which the money is paid, which orders when countersigned by the Auditor shall be paid by the Treasurer. At the first meeting in each month, the City Solicitor shall present to the Council a written report of all orders drawn by him during the preceding month, which report shall state the amount of such orders, the name of the payee, the name of the action in which the same was paid, and the purpose for which paid. GENERAL DUTIES AND POWERS. Section 3. That the City Solicitor shall exercise such other powers and perform such other duties as may be provided by ordinance or by the laws of Iowa. 1919 Revision Ordinance No. 10. An Ordinance Defining the Duties and Powers of the City Treasurer. Be it Ordained by the City Council of the City of Dubuque: DUTIES. Section 1. The Treasurer shall be known as the receiving and disbursing agent for the City of Dubuque and he shall receive all money payable to the City of Dubuque from all sources and dispose of the same to the persons entitled thereto. The Treasurer shall make no payments from the treasury, except upon the written obligation of the City or a regularly executed city warrant. SHALL MAKE MONTHLY REPORTS. Section 2. That at the close of each month, the Treasurer shall deliver to the Auditor all bonds or interest cou- pons, and all warrants and orders paid during the preceding month, for cancellation, together with an itemized statement of the same. 13 DUTIES. Section 3. The Treasurer shall keep such books and records as may be necessary to show the receipt and disbursement of money re- ceived or paid out, and he shall enter therein all money received showing on what account received, and when, how, to whom, and for what purpose paid out, together with such other information as may be necessary to make such account complete, in- telligent, and self-explanatory. The books and rec- ords of his office shall at all times be open for in- spection by officers of the City, and he shall pre- pare statements of accounts or reports of the con- dition of the finances of the City, for such officers, when required. GENERAL POWERS AND DUTIES. Section 4. The Treasurer shall exercise such other powers and perform such other duties, including the pow- ers and duties relating to the collection of taxes of all kinds, as may be provided by ordinance or the laws of Iowa. 1919 Revision Ordinance No. 11. An Ordinance Defining the Duties and Powers of the City Auditor. Be it Ordained by the City Council of the City of Dubuque: SPECIAL DUTIES. Section 1. The Auditor shall be the general accountant of the City, and shall re- ceive and preserve in his office all account books, vouchers, documents and papers relating to the ac- counts and contracts of the City, its revenue, debt, and fiscal affairs, whether between the City and any officer thereof, or between the City and any other person or corporation; he shall be custodian of all contracts and leases in which the City is in- terested, and all deeds or papers of value, and of all other public records, except such as may be law or ordinance be place in the custody of some other officer. Such records, papers, and docu- ments shall not be removed from his office, except by an officer entitled to receive them and then only upon such officer giving his receipt for same. SPECIAL DUTIES. Section 2. It shall be the duty of the Auditor to examine and audit all claims against the City, for the payment of which any money may be drawn out of the treasury; to keep in proper books in a correct legible form, in dou- ble entry, the accounts between the City and all of- ficers, persons, or corporations, who may have the right to receive or disburse money for the City; to countersign and keep a register of all warrants drawn on the treasury, specifying the date when drawn, the amount, the name of the payee, and out of what fund payable. He shall deliver all warrants drawn on the treasury to the person entitled to re- ceive the same, taking receipts therefor, and charge the same to the proper account; he shall keep an account of all debts due to and from the City, and a bill book in which he shall enter all bonds, notes, and other obligations given by or pay- able to the City, with the name of the person or persons, by or to whom given, and the time when, and the place where, the principal and interest are payable, with the rate of interest. He shall keep in proper books the accounts between the City and the City Treasurer, charging him with all money re- ceived into the treasury, specifying the source from which said money has been received, and 14 charging him with all warrants drawn on the treasury when paid by him. He shall keep sepa- rate accounts with the different funds in the treas ary and of any revenue which may be set apart or appropriated for any particular object, by ordi- nance or resolution of the Council. SPECIAL DUTIES. Section 3. Whenever any money shall be found by the Auditor to be due to the City from any City officer, and which money shall not be paid into the City Treasury within thirty days after payment is due, the Auditor shall, certify the amount so due to the City Council at the' next regular meeting thereof. He shall, when re- quired, furnish the City Council or city officers with copies or abstracts of any book, accounts, rec ords, vouchers, or documents in his office, and shall furnish them with information in regard to all matters pertaining to his office or to the revenue of the City, and shall at all times permit any member`- of ember` of the City Council or City officer to examine the books, papers, or documents in his office. SPECIAL DUTIES. Section 4. He shall make and present to the City Council each month, a cor- rect statement showing the amount paid out during_,_ the month and the balance on hand at the end of each month, in each of the funds of the City, and he shall_ prepare for publication before February 1st of each' year a complete statement of all receipts and ex- penditures of City money for the preceding year. GENERAL DUTIES AND POWERS. Section 5. That in addition to the duties and powers hereinbe- fore set out, he shall exercise all powers and per- form all duties provided by the ordinances of the City and the laws of the State of Iowa. 1919 Revision pjfice, and all maps, plats, surveys, books and re- ports pertaining to his office, and he shall deliver `=the same to his successor in office, together with all instruments, materials and supplies belonging or pertaining to his office. GENERAL POWERS AND DUTIES. Section 4. e -shall exercise such other powers and perform nch other duties not herein specified, as may be -equired of him under the ordinances of the City or lie laws of Iowa. 1.9 Revision Ordinance No. 32-47. i:'Ordinance Creating the Office of Building Com- inissioner, Providing the Qualifications For Said ;Office and the Appointment of a Building Corn- missioner. Be it Ordained by the City Council of the City of Dubuque: Section 1. There is hereby created the office of Building Commissioner of the City of Dubuque and such „office is charged with the duty of enforcing the Building Code, Zoning Ordinances and any other ordinances that may pertain to building and zoning. Section 2. The Building Commissioner must be a'Lperson competent tocarry out the intent and pur- bse of the Building Code. Zoning Ordinance and any other ordinance that may pertain to building and oning. An architect, structural or civil engineer experienced in building a general contractor, a gen- eral superintendent having not less than l0years .- experience, or any person regularly serving as lzuilding inspector in the City who has then five ears of service as such building inspector, shall years 1 e considered competent to act as Building Corn- issioner. 4 Section 3. The City Manager of the City of Dubuque shall appoint a competent person to fill the Office of Building Commissioner of the City of Dubuque. This person shall hold said office during e .pleasure of the City Manager, or until his suc- cpssor has been selected and qualified. Passed, adopted and approved upon final reading is '-1st day of December, 1947. Ordinance No. 14. An Ordinance Defining the Power and Duties of the City. Engineer. Be it Ordained by the City Council of the City of Dubuque: DUTIES. Section 1. The Engineer shall make, or cause to be made, the necessary surveys, plats, drawings, estimates and specifications for all pub- lic work ordered by the City Council, or necessary in the prosecution of such public work. He shall make all necessary surveys of streets, avenues, alleys and public places and mark the line therefor in some permanent and substantial manner, and shall make a plat of each survey and file the same with the field notes thereof, as a record in his of- fice. GRADES. Section 2. He shall prepare and re- port to the Council all grades to be established on streets, alleys and public places, whenever the same shall be necessary in the prosecution of pub- lic work, or when ordered by the Council, and shall file therewith a plat of such grade. He shall estab lish land marks on such streets, alleys or public places, by which the grade thereof may be readily ascertained. He shall prepare and keep in his office, as a part of his record, a grade book in which shall be recorded and shown the established grade on streets, alleys and public places in the City. ALL RECORDS CITY PROPERTY. Section 3. He shall preserve and keep in his office, in a man- ner convenient for reference the records of his Ordinance No. 21-47. Ari Ordinance to Provide For the Selection of a City .-Assessor and For the Assessment of Property :Under Chapter 405, Code of 1946, As Provided by Chapter 240 of the Laws of the 52nd General Assembly. "eit enacted by the City Council of the City of tibuque: ;.-Section 1. That the appointment of the City As- essor and the assessment of property in the City o£:,Dubuque shall be under the provisions of Chapter nQ5, of the 1946 Code of Iowa, as provided by Ciliapter 240 of the Laws of the 52nd General As- embly of Iowa. sed, adopted and approved upon final reading his 25th day of July, 1947. Ordinance No. 37. -Ordinance Providing fpr the Appointment of a -Market Master and Defining His Duties and Powers. Be it Ordained by the City Council of the City of Dubuque: HOW APPOINTED. Section 1. The Council shall have power to appoint a Market Master who shall receive such compensation as the Council may fix by resolution, and shall hold office at the pleasure of the Council. POWERS AND DUTIES. Section 2. The Market Master shall have general control and supervision over all public markets. He shall have authority over all persons occupying said market for the purpose of selling commodities thereon, including the right to inspect all food commodities offered for sale thereon, to determine whether the same are fit for human consumption. If any food com- modity is offered for sale on any public market that in the opinion of the Market Master is not fit for human consumption, he shall have authority to confiscate and destroy the same. The Market Master shall also have authority to examine all weights, measures or apparatus for determining the quantity of commodities, and all articles sold by weight, upon any public market, and if any such measure, weight, apparatus or article is found that does not show the quantity of any commodity cor- rectly or if any article is light in weight or shorter in measure than is represented by the seller there- of, he shall have power to seize and confiscate said weight, measure, apparatus or article and he shall file an information against the person using the same, as provided by Ordinance No. 36. DUTIES. Section 3. It shall be the duty of the Market Master to see that the public markets are kept in a clean and sanitary condition and that all dirt, filth or rubbish deposited thereon or adjacent thereto, are promptly removed by the person em- ployed by the Council to do such work. - DUTIES. Section 4. That the Market Master shall have charge of the renting of space for selling, commodities on public markets, on property belong- ing to the city, which space shall be rented in the manner and on the terms fixed by the Council, and the Market Master shall collect all rentals paid for space upon any public market, belonging to the City, and he shall file a monthly report of the money col- lected by him, which money shall be paid to the Treasurer. CONTROL OF PUBLIC SCALES. Section 5. The Market Master shall also have control and manage- ment over all public scales, as provided by Ordi- nance No. 34, and shall act as public weigher for the public scales located_ at the Central markets. POLICE POWERS. Section 6. That the Market Master is hereby clothed with police power in all matters pertaining to his office and the enforce- ment of all ordinances relating to public markets or public scales, and he shall have authority to ar- rest any person found violating any of such ordi- nances or the laws of Iowa, regulating weights and measures. 1919 Revision Ordinance No. 4-44. An Ordinance Prescribing the Bonds of Municipal Officers. Be it Ordained by the City Council of the City of Dubuque: 15 Section 1. That the following officers of the City of Dubuque shall provide bonds annually in such penal sums as follows: City Manager $ 5,000.00 Secretary of City Manager 1,000.00 City Clerk 1,000.00 City Solicitor 1,000.00 City Auditor 5,000.00 City Treasurer 10,000.00 City Engineer 1,000.00 City Assessor 1,000.00 Police Judge 1,000.00 Clerk of Police Court 1,000.00 Market Master 1,000.00 Recreation Director 1,000.00 Building Commissioner 1,000.00 Electrical Inspector 1,000.00 Milk Inspector 1,000.00 Plumbing Inspector 1,000.00 Clerk --Health Department 1,000.00 Superintendent of Water Works 5,000.00 Accountant --Water Works 1,000.00 Clerks --Water Works 1,000.00 Section 2. The bonds furnished shall be concur- rent with the fiscal year of the City of Dubuque and run from January 1st or the date of beginning to December 31st following. Bonds in continuous form shall not be acceptable and renewal certificates shall not be deemed in compliance with the law. Passed, adopted and approved this 14th dafy of April, 1944. Ordinance No. 104. An Ordinance Providing for the Appointment of a Civil Service Commission and Defining Its Powers and Duties. Be it Ordained by the City Council of the City of Dubuque: COMMISSION CREATED- -APPOINTMENT-- TERMS OF OFFICE. Section 1. That there be and there is hereby created a Civil Service Commis- sion for the City of Dubuque. That immediately upon the final passage and adoption of this Ordi- nance, the City Council shall appoint three com- missioners who shall hold office, one until the first Monday in April of the second year after his ap- pointment, one until the first Monday in April of the fourth year after his appointment, and one until the first Monday in April of the sixth year after his appointment, and thereafter as a term expires an appointment shall be made• for a period of six years. The chairman of the commission for each bien- nial period shall be the member whose term first expires. No person while on the said commission shall hold or be a candidate for any office of public trust. Two of said members shall constitute a quorum to transact business. Said commissioners must be citizens of Iowa, and residents of the state for more than three years next preceding their ap- pointment. The Council may, by a majority vote, remove any of said commissioners during their term of office for cause, and shall fill any vacancy that may occur in said commission for the unex- pired term. The Council shall provide suitable rooms in which the said commission may hold its meetings. Said commission shall have a clerk, who shall keep a record of all its proceedings and perform all of the duties as by law provided, and 16 it Id the City shall supply said commission with all necessary equipment to properly attend to such business. Said commissioners shall receive no compensation. - OATH. Section 2. Before entering upon the duties of their office, each commissioner shall take and subscribe an oath which shall be filed and kept in the office of the City Clerk, to support the constitution of the United States and state of Iowa, and obey the laws, and aim to fill and maintain honest and efficient departments, free from parti san distinction or control and to perform the duties of his office to the best of his ability. EXAMINATIONS --LIST OF ELIGIBLES --AP- POINTMENTS. Section 3. Such commission shall hold examinations for the purpose of determining the qualifications of applicants for positions in the fire and police departments, and such other depart- ments as the Council may, from time to time by ordinance or resolution designate, which examina- tions shall be held once a year and oftener if the same becomes necessary and they shall be practi- cal in their character and relate to such matters as will fairly test of the fitness of the person ex- amined to discharge the duties of the position to which he seeks to be appointed. After such exam- inations xaminations are held an eligible list shall be prepared ay the commission as provided by law and appoint- ments shall be made therefrom and all of the pro- visions of law relating to examinations, list of eligibles and appointments shall be carried out and fully complied with. REMOVALS OR SUSPENSION--NOTICE--HEAR- ING. Section 4. All persons subject to civil serv- ice, shall be subject to removal from office or em- ployment by the City Manager for misconduct or failure to properly perform their duties under such rules and resolutions as may be applied to each de-', partment, but before any removal or suspension is`. ordered all of the provisions of law applicable there; to shall be followed and adhered to, and the accused person shall be afforded all the rights and privi- leges, as to notice, hearing and appeal guaranteed to him under Chapter 216 of the Acts of the. Thirty Ninth General Assembly. CHIEF OF POLICE AND FIRE DEPARTMENTS APPOINTMENTS TO. Section 5. The manager shall appoint the Chief of Police and the Chief of the Fire Department and as far as possible these appointments shall be made from residents of said City, but the tenure of any person holding such po- sition at this time shall not be affected by this Or- dinance; provided, however, that such officer may be removed for cause in accordance with the pro- visions of the preceding section and he shall have the same rights as to notice, hearing and appeal as any other person or officer. Section 6. In addition to passing the examina- tions herein provided for every person seeking em-, ployment in any of the departments governed by civil service, shall be a citizen of the United States, be able to read and write the English language and in every other respect prove himself to be a fit and: proper person. POLITICAL CONTRIBUTIONS. Section 7. No member of the fire of police department or any other municipal department in such city shall di- rectly or indirectly contribute any money or anything of value to any candidate for nomination or election to any office an or erson violatany ing cor po- ampaign of litioal committee, anyP g any the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall pay_a fine of not less than Twenty -Five Dollars 25:00), nor more than One Hundred Dollars ($ $T00.00), or be imprisoned not to exceed thirty 30)- days, and such conviction shall constitute such ,znisconduct as to be a ground for removal or sus- ,perision, as the manager or commission may deter- iie• ;Section 8. All of the provisions of Chapter 216 the Acts of the Thirty -Ninth General Assembly „allgovern in all matters relating to Civil Serv- ,e°.in the City of Dubuque, and all Ordinances or a :e' amendments or additions thereto heretofore enac - "a e_ being inconsistent herewith are hereby re- ared and superceded. passed and adopted upon final reading August 12, Ordinance No. 31. Ordinance Relating to the Policemen's Pension Fund and Regulating the Control and disposition 'Of the same, and the Pensions Payable from the same and Authorizing the Levy of an Annual Tax in Aid of such Fund. Beit. Ordained by the City Council of the City of Dubuque: CONTROL OF FUND. Section 1. That the po- cemen's pension fund heretofore created shall be regulated and controlled as herein provided. MAY LEVY TAX. Section 2. That the Council mayat the time of levying other taxes for City r== purposes, levy a tax of not to exceed one-half mill on,the dollar upon taxable property within the limits the City for the purpose of aiding and maintain - g the said fund. ;"'A.11 moneys derived from the taxes so levied, and all moneys received as membership fees and dues, $4hereinafter provided, and all moneys received r:orn.grants, donations, and devises, for the benefit ()Much fund, shall be included in such fund, and the same, shall be under the control of a board of rui;tees and shall be exclusively devoted to and for liepurposes hereinafter enumerated. -BOND OF TRUSTEES. Section 3. The Chief of olive, the City Treasurer, and the City Attorney sha1,i be ex -officio members of and shall constitute 14, -board of trustees of the policemen's pension und. The Chief of Police shall be the President and the City Treasurer shall be the treasurer of siich board of trustees, and the faithful performance fzthe duties of the treasurer shall be secured by hrs,official bond as City Treasurer. Such trustees 1a11not receive any compensation for their serv- ices as members of said board. • SHALL BE SEPARATE FUND. Section 4. The olicemen's pension fund shall be kept and pre- eryed as a separate fund. The board of trustees hall have power to invest any surplus left in such and at the end of the fiscal year, but no part of the urid realized from any tax levy shall be used for any purpose .other than the payment of pensions. xvestments shall be limited to interest bearing onds of the United States, of the State of Iowa, of any county, township, or municipal corporation of the State of Iowa. All such securities shall be de- posited with the Treasurer of the board of trustees for safe keeping. OTHER MONEY TO BE INCLUDED. Section 5. The board of trustees may take by gift, grant, de- vise, or bequest, any money or property, real or personal, or other thing of value for the benefit of the policemen's pension fund. All rewards in money, fees, gifts or emoluments of every kind or nature that may be paid or given the police depart- ment of the City of Dubuque or to any member thereof, except when allowed to be retained or given to endow a medal or other permanent or com- petitive reward on account of extraordinary serv- ices rendered by said police department or any member thereof, and all fines and penalties im- posed upon members of said department, shall be paid into the said pension fund and become a part thereof. MEMBERSHIP FEE. Section 6. Every member of the police department of the City of Dubuque shall be required to pay to the Treasurer of said fund a membership fee, to be fixed by the board of trustees, not exceeding Five Dollars ($ 5.00) and shall also be assessed and required to pay annually an amount equal to one per cent per annum upon the amount of the annual salary paid to him, which said assessment shall be deducted and retained in equal semi-annual installments out of such salary. AMOUNT OF PENSION. Section 7. Every mem- ber of the police department of the City of Dubuque who shall, while a member of such department and while engaged in the performance of his duties as such policeman, be injured or disabled, and upon an examination by a physician appointed by the board of trustees, be found to be physically or mentally permantently disabled so as to render him unfit for the performance of his duties as police- men, shall be entitled to be retired and the board of trustees shall thereupon order his retirement, and, upon his being retired, he shall be paid out of the policemen's pension fund, monthly, a sum equal to one-half of the amount of the monthly compensation allowed such member as salary at the date of his injury or disability. IN CASE OF DEATH. TO WHOM PAYABLE. Section'8. If a member of the police department, retired, as in the last preceding section provided, because of permanent disability, shall die as a re- sult of such injury, or if a member of such depart- ment, while in the performance of his duties, shall be killed or die as a result of injuries received, or if a member die because of any disease contracted by reason of his occupation as a policeman, and shall leave a widow or minor children or dependent father or mother surviving him, there shall be paid to the surviving widow, so long as she remains un- married and of good moral character, a pension of Twenty Dollars ($ 20.00) per month, out of the po- licemen's pension fund, and there shall also be paid to the guardian of the minor children of such mem- ber, out of said fund, a pension of Six Dollars ($ 6.00) per month for each of said children until it or they reach the age of sixteen years, provided, however, that there shall not be paid to the surviv- ing widow and minor children an aggregate sum in excess of a sum equal to one-half of the amount of the salary of such member at the time of his death 17 or disability; and if such deceased policeman leave no widow or minor children, then there shall be paid to his dependent father or mother, or either, if one alone survives, a pension of Twenty Dollars ($ 20.00) per month. WHEN ENTITLED TO PENSION. Section 9. Any member of the police department who may be entitled to benefits under the provision of this or- dinance, and who has served twenty-two years or more in said department, of which the last five years' service shall have been continuous may make application to the board of trustees to be re- tired from such police department, and thereupon it shall be the duty of the board of trustees to order the retirement of such member, if it be found that he is unable to perform the duties, to which he is or may be assigned, or has reached the age of fifty-five years (55), and upon retirement, he shall be paid a monthly pension equal to one-half the amount of salary received by him as monthly com- pensation at the date of his retirement. WHEN NOT ENTITLED. Section 10. Any mem- ber of the police department entitled to be retired under the provisions of this act, but who shall con- tinue in service and who shall be thereafter dis- charged for cause other than the violation of any law of the United States, or of the State of Iowa, amounting to a felony, shall, upon being discharged, be entitled, to, and there shall be paid to him, a monthly pension equal to one-half of the amount of salary received by him at the date of his discharge; provided however, that the Chief of Police shall. have the power to assign any member of the police department retired, or drawing pensions under this ordinance to the performance of light duties in such department in cases of extraordinary emerg- encies, and, provided further, that after the de-- cease e=cease of a retired or discharged member receiv- ing a pension under the provision of this ordinance, his widow and minor child, or children under six- teen years of age, or, in case he leaves no widow or minor children, his dependent parent or parents, if any, shall be entitled to a pension in the amount and under the conditions heretofore provided to be paid to the surviving widow and minor children and dependent parents of a member killed or disabled in the performance of his duties. And provided further, if, at any time, there shall be insufficient funds in the policemen's pension fund to meet and , pay all pensions due and owing from said fund, the board of trustees shall apportion the amount on hand in said fund among the persons entitled to such pension, in proportion to the amount to which each is entitled, and the payment of such propor- tionate amount shall be considered a full payment of the amount then due and no liability shall there- after exist for the unpaid portions of such pensions. SUBJECT TO EXAMINATION. Section 11. If any member of the police department shall have been retired by reason of physical or mental dis- ability, the board of trustees shall have the right and power, at any time, to cause such retired member to be brought before it and again examined by competent physicians for the purpose of dis- covering whether such disability yet continues and whether such retired member shall be con the pen- sion roll, and said board shall also have power to examine witnesses for the same purpose. Such re- tired member shall be entitled to reasonable notice that such examination will be made and to be pres- 18 ent at the time of the taking of any testimony, shall be permitted to examine the witnesses brought before the board, and shall also have the right to introduce evidence in his own behalf. All witnesses produced shall be examined under oath, and any member of such board of trustees is here- by authorized and empowered to administer such oath to such witnesses. The decision of such board upon such matters shall be final and con- clusive, in the absence of fraud, and no appeal shall be allowed therefrom. Such disabled mem- ber shall remain upon the pension roll unless and until reinstated in such police department by rea- son of such examination. HOW PENSIONS SHALL BE PAID. Section 12. All pensions paid and all moneys drawn from the pension fund, under the provisions of this ordi- nance, shall be upon warrants signed by the board of trustees, which said warrants shall designate the name of the person and the purpose for which payment is made. The Treasurer of the board of trustees shall prepare annually, immediately after the first day of January, a report of the receipts and expenditures for the year ending December 31 of the previous year, showing the money on hand, how invested, all moneys received and paid out, which said report shall be filed with the City Re- corder. LAWS APPLICABLE. Section 12. The pro- visions of this ordinance shall be, at all times, subject to alterations or change to conform with the alterations and changes which may be made by legislative enactment with reference to Chapter 13a of Title V, of the Code of 1913, and all persons claiming benefits under the provisions hereof shall be entitled to receive only such bene- fits as provided by law at the time such benefits shall accrue. 1919 Revision Ordinance No. 23-38. An Ordinance Providing for Written Agreements between the City of Dubuque, Iowa, and Mem- bers of the Police and Fire Departments of the City of Dubuque, Iowa, Who Have Contributed to the Pension Funds of Their Respective Depart- ments, and the Surviving Dependents of the De- ceased Members of Said Police and Fire Depart- ments Who Have so Contributed; and Providing the Form of Written Certificate of Agreement and the Issuance and Delivery Thereof, as Well as Binding the City of Dubuque, Iowa, to Carry out the Terms and Provisions of Said Certifi- cate of Agreement. Be it Ordained by the City Council of the City. of Dubuque: Section 1. That, in order to comply with the provisions of Chapter 75 of the Laws of the Forty - Fifth General Assembly --Extraordinary Session, compiled and codified as Section 6323 of the Code of Iowa of 1935, the provisions of which are ap- plicable to the City of Dubuque, Iowa, an agree- ment shall be entered into by the City of Dubuque, Iowa, with each of the following named persons who have contributed and/or are now contributing to the Firemen's or Policemen's Pension Fund and/or surviving dependents of such contributors as defined by Section 6318 of the Code of Iowa of 1931, and amendments thereto, to -wit: Policemen and Women Now Contributing to the Pension Fund: Altman, Albert; Anthony, Paul; Andresen, Wil- fred;. Brady, John; Briethaupt, Ernest; Callahan, Hugh; Carroll, William; Connolly, Thomas; Daily, Edward; Deluhery, Edward; Derreberry, John; Dolan, John; Donahue, John; Ehlers, Nicholas; Giellis, John W.; Gilligan, George; Horsfall, Ray; Kane, Eldon; Livermore, Oscar; Lucas, Percy; Matz, Frank; Noel, Alfred; Peters, Charles; Post, Charles; Stoltz, George; Stratton, William; Strub, Joseph; Sullivan, Clarence; Trentz, William; Voels, Fred; Vosberg, Edward; Welu, Edward; White, La - Verne; Whitfield, Edwin; Williams, Frank. Policemen and Women and Dependents of De- ceased Policemen Now Drawing Pensions: Aitchison, James (Earl Aitchison, Guardian); Aitchison, Robert (Earl Aitchison, Guardian); Campbell, Mrs. Catherine; Campbell, John James (Mrs. Catherine Campbell, Guardian); Corcoran, Mrs. James; Dahl, Mrs, A; Duggan, Thomas; Fox, Mrs. John;Fury, Patrick; Hibbe, Mrs. Katherine; Ludescher, Barney; McInerney, Mrs. Patrick; O'Brien, Mrs. John; O'Connor, Michael; Ratter - man, Gus; Ryan, Mrs. Michael; Seyler, Fred; Truher, Charles; Spielman, John. Firemen Now Contributing to the Pension Fund: Bennett, Mayhew; Benzer, Lester; Blaser, Wil- liam; Brewer, Albert; Cahill, Martin; Casey, Patrick; Corzine, Chalmers; Gosgrove, Harold; Davis, George; Donavan, Louis, Dougherty, James; Flick, Elwood; Fury, Martin; Gibson, William; Goff, John; Hallahan, Leo; Hanley, Terrance; Harker, David; Hickson, Thomas; Higgins, William; Hocking, Herbert; Huftill, Fred, Jaeger, Milton; Jochum, Charles; Kenneally, Frank, Kinsella, Wil- liam; Kirch, Perry; Kluck, Vincent; Larson, Otto; Lonergan, Frank; Lorenz, Chester; McCann, John; McCoy, Joseph; McManus, Patrick; Motsch, Frank; Murray, Thomas; Myers, William; Noonan, John; O'Connor, James; Roberts, Cyril; Ryan, William; Schadle, John; Slaght, Raymond; Stafford, John; Stoltz, William; Tierney, Leroy; Walsh, John; Wemett, Louis; Wieneke, Fred; Woodward, Harvey. Firemen and Dependents of Deceased Fire- men Now Drawing Pensions: Ahern, David; Baumgartner, Frank; Benzer, Mrs, Joseph; Cain, Mrs. Henry; Carnaby, Mary Jane (Mrs. W. Carnaby, Guardian); Connolly, Joseph; Daley, Mrs. J. F.; Ducy, William; Eitel, Mrs. Katherine; Fahey, Mrs. Martin; Flynn, John; Gehrke, George; Heer, Albert; Hipman, William; Hubacher, Mrs. Elmer; Kannolt, William; Kelly, Michael; Keppler, Joseph; Kenneally, Mrs. Maude; McDermott, Mrs. Edward; McLean, Mrs. Agnes; Murphy, Mrs. Frank; O'Brien, 'homas, Ryder, Mrs. Julia; Smith, John, Smith, William; Sweeney, Michael. Section 2. There shall be printed Two Hundred (200) Certificates of Agreement to be worded as follows: CERTIFICATE OF AGREEMENT This indenture is to certify that the City of Dubuque, Dubuque County, Iowa, by ordinance passed and adopted by the City Council on the clay of September, 1938, as authorized by law in Section 6323 of the Code of Iowa of 1935, here acknowledges and recognizes as the surviving dependent, of (widow or child) or, a s an active con - (strike out phrase not applicable) retired deceased tributor to the Policemen's Firemen's Pension Fund of said City, and the said City agrees that in considera- tion of such past and/or future payments made from the salary of said contributor to said pension fund and the present and prospective benefits pro- vided for by said pension system, the said City of Dubuque, shall be and hereby is bound and obligat- ed to carry out with said contributor and/or her his surviving dependents as defined in Section 6318, Code of Iowa of 1931 and amendments thereto, the present and prospective benefits provided in the Disabled and Retired Firemen and Policemen, statutes of the State of Iowa, recited in Chapter 322, Section 6310 to 6323, inclusive, Code of Iowa of 1931, as amended by the Acts of the Forty-fifth General Assembly, Regular and Special Sessions, guaranteeing that the rate of said payments by said contributor shall not be increased and that said present and prospective rights and benefits shall not be abridged nor lessened, and that said rights and benefits shall be a direct charge on said City. Dated at Dubuque, Iowa, this day of 1938. CITY OF DUBUQUE, By Mayor. ATTEST: City Clerk I hereby certify that the records of the Police Fire Department which are in my custody, care and con- trol as Secretary of said Department, show the fol- lowing as to the time of service of as a member of said Department: Secretary Dubuque Police Department Fir e Section 3. One such certificate properly num- bered and filled in to include the name of the con- tributor or of the surviving dependent as the case may be, and specifying the fund to which payments were or are now being made, shall be issued to each contributor hereinabove named, or if such contributor be deceased, then to his surviving de- pendent or dependents, if any, hereinabove named. Section 4. The City of Dubuque, Iowa is and shall be bound to carry out and to comply with all the terms and provisions of said certificate herein- above provided for. Passed, adopted and approved this 6th day of Sep- tember, 1938. 19 IH 11 , Ordinance No. 2-48. An Ordinance Providing for Sick Leave for Those Officers and Employees of the City of Dubuque to Whom the Workmen's Compensation Law Is Applicable; Defining "Sick Leave"; the Extent Thereof; Filing, Approval and Allowance of Claims Therefore. Be it Ordained by the City Council of the City of Dubuque: Section 1. Sick leave is hereby provided for those officers and employees of the City of Dubuque to whom the Workmen's Compensation Law is applicable. Section 2. "Sick Leave" is hereby defined to mean the absence from duty of such officer or em- ployee of the City of Dubuque because of personal illness, physical incapacity, enforced quarantine of an officer or employee in accordance with the health regulations, or sickness in the immediate family of an officer or employee requiring the at- tendance of such officer or employee. Section 3. Sick Leave with pay shall accrue at the rate of one working leave day for each full calendar month of service, and any such leave ac- crued, but unused in any year shall be cumulative to a maximum of not to exceed 60 working days. Section 4. Absence for a fraction of a part of a day chargeable to sick leave shall charged propor- tionately in an amount not less than one-half' day. Section 5. No person shall be entitled to sick leave with pay while absent from duty on account of any of the following causes. a. Disability arising from any sickness or in- jury self inflicted, or caused by any willful mis- conduct, b. Sickness or disability sustained while on leave of absence, other than on regular vacation. Section 6. Any employee on Sick Leave shall as soon as possible notify the head of the Department of such fact and the failure so to do within reason- able time shall be sufficient cause for denial of sick leave with pay for the period of such absence. Section 7. All claims for compensation under this Ordinance shall be made in writing under oath by claimant, and upon approval by the person in charge of the Department in which the officer or employee is employed and the City Manager, the same shall be paid. Section 8. Any officer or employee in the serv- ice of the City at the effective date of this Ordi- nance shall be entitled to an accumulation of the number of calendar days shown on the following table: 20 yrs. of service or over --60 calendar days allowed. Over 15 but less than 20--50 calendar days al- lowed. Over 10 but less than 15--40 calendar days al- lowed. Over 5 but less than 10--30 calendar days al- lowed. 20 Over 2 but less than 5--20 calendar days al- lowed. Over 1 but less than 2--12 calendar days al- lowed. Under 1 year --1 day per month. Section 9. Any employee entitled to sick leave with pay who receives compensation under the Workmen's Compensation Law shall receive only that portion of his regular salary which together with the benefits received under the Workmen's Compensation Law equal his regular salary. Passed, adopted and approved upon final reading this 23rd day of February, 1948. Resolution No. 90-51. Be it Resolved by the City Council of the City of Dubuque and by the Board of Supervisors of Dubuque County, Iowa: Section 1. There is hereby established a joint Commission to be known as the Airport Zoning Commission of the County and City of Dubuque. Section 2. Said Commission shall be composed of five (5) members selected and appointed as fol- lows: Two (2) members selected by the City Council of the City of Dubuque, Two (2) members selected by the Board of Su- pervisors of Dubuque County, One (1) member selected by the four members selected by said municipalities. Section 3. The terms of the members of said Commission shall be for six (6) years except that one of the members first appointed by each munic- ipality shall serve for two (2) years and the other member first appointed by each municipality shall serve for four (4) years. Section 4. Said Commission shall make recom- mendations to the Board of Supervisors of Dubuque County and the City Council of the City of Dubuque as to the boundaries of the original Airport Hazard Area in Dubuque County and the appropriate regu- lations and restrictions to be enforced therein. Such Commission shall, with due diligence, prepare a preliminary report on such matters and hold public hearings thereon before submitting its final report. Section 5. Said Commission shall have such other powers and duties as may hereafter be as- signed to it by joint Resolution of the Board of Supervisors of Dubuque County and the City Coun- cil of the City of Dubuque. Section 6. This Resolution shall be in full force and effect ten (10) days from and after its final ap- proval, adoption and publication as provided by law. Passed, adopted and approved by City Council of the City of Dubuque the 5th day of March, 1951. Passed, adopted and approved by Board of Super- visors of Dubuque County the 13th day of March, 1951. CHAPTER IV Public Works Ordinance No. 27. An Ordinance accepting the Grant of Certain Lands and Real Estate by the State of Iowa to the City of Dubuque. Whereas, The State of Iowa by an act of the Gen- eral Assembly, approved April 4, 1896, granted and released to the City of Dubuque all the right, title and interest vested in said State in and to the lands, islands and in the beds of lakes, sloughs and ponds of water within so much of Section seventeen and eighteen in Township Eighty-nine north of Range Three east of the Fifth Principal Meridian as lies east of a line commencing at a point where the south line of said Section Eighteen intersects with the west meandered line of the west shore of Lake Peosta, thence northerly along the meandered line of the west shore of said lake to the north line of said Section Eighteen, as shown by, and in ac- cordance with survey made and recorded by the government of the United States, which said act is now in full force and effect; Therefore, Be it Ordained by the City Council of • the City of Dubuque: Section 1. That said grant by the State of Iowa be, and the same is herebyaccepted, and the lands and real estate therein granted and released, as described in said act, and in the foregoing pream- ble, be, and the same are hereby declared to be the property of the City of Dubuque; and it is here- by made the duty of the Mayor to cause the same to be properly entered the scheduled as such, in the appropriate record books of said city. 1919 Revision; Amended 6/5/39 An Ordinance Establishing Rules and Regulations for Installing Water Service, Making Connec- tions with Water Mains, and Fixing Rentals and the Collection Thereof, Repealing Other Ordi- nances in Conflict Herewith, and Providing a Penalty for the Violation Thereof. Be it Ordained by the City Council of the City of Dubuque: RULES, PART OF CONTRACT. Section 1. The following rules and regulations shall be considered a part of the contract with every person who takes water, supplied by the City of Dubuque, through the City Water Works, and every such person who takes water shall be considered as having expressed his agreement to be bound thereby. In this Ordinance, the words WATER WORKS, CITY WATER WORKS OR WATER DEPARTMENT shall mean the City of Dubuque, acting through its qualified officers. APPLICATIONS FOR WATER SERVICE CON- NECTIONS. Section 2. Applications for water service connections must be made in writing to the Water Works by the owner or agent of the property to be served or by a plumber authorized by the owner or agent of said property. Sucn application must be made upon blanks fur- nished by the Water Works and must be properly filled out, giving all the information required thereon. Taps for connections to the water mains will then be made by the Water Works for the plumber or owner at a cost of $ 2.50 for each tap in sizes of 3/4 inch and 1 inch, plus the cost of the corpora- tion cocks and tail piece for either lead or copper pipe which will be furnished by the Water Works at cost plus 10 per cent, provided all excavation is done by the plumber or owner. If excavation is not properly done, the extra cost of excavation dome by the Water Works employees will be charged to plumber. Taps shall be paid for before they will be made. Larger connections will be made at actual cost of labor and materials, plus 10 per cent for over- head expenses. The City Water Works reserves the right to in- stall any or all service lines at prices and terms to be determined by the City Council upon recom- mendations of the Superintendent and City Manager. Where no prices have been determined, charges shall be made at actual cost of labor and material, plus 10 per cent for overhead expenses. SERVICE CONNECTIONS ---BY WHOM IN- STALLED. Section 3. The laying of all service connections and pipes, setting of water service fixtures in streets, public grounds and in premises to be served by City Water, shall be made by em- ployees of the City Water Works or by duly li- censed plumbers. All pipe, fittings, material, etc., are to be approved by the Water Works Superin- tendent. SERVICE PIPE, MATERIAL AND HOW LAID. (LEAD) Section 4. The service pipe must be laid of lead, copper or cast iron from the main to a point just inside the building wall. Lead services from sizes 3-4 to 1 1-4 inches will be permitted. Quality of lead pipe must be what is known as XX strong with weights as follows: For 3-4 inch diameter ---4 lbs. per lin. foot. For 1 inch diameter ---5 1-2 lbs. per lin. foot. For 1 1-4 inch diameter ---6 3-4 lbs. per lin. foot. Lead pipe must be laid in such manner and of such surplus length as to prevent breakage or rupture by settlement. All joints in lead service pipe to be the kind termed, "Flange Union", or wiped joint. All wiped joints shall be at least 2 inches in length and not less than 3-8 inches in thickness at their centers. (COPPER) Copper pipe used in service connections shall be cold drawn seamless tubing with a proper bend- ing temper, so that a full section shall withstand being bent cold through 180 degrees without crack- ing on the outside of the bent portion around a pin, the diameter of which is one and one-half the 21 I I }u�w�.w`lu.�.�w. v .. a .� u. ,. ,. 1 inside diameter of the copper pipe. The minimum weights of copper service pipe shall be as follows: 3-4 inch diameter -0.64 lbs. per lin. foot. 1 inch diameter ---0.838 lbs. per lin. foot. 1 1-4 inch diameter ---1.036 lbs. per lin. foot. 1 1-2 inch diameter ---1.360 lbs. per lin. foot. 2 inch diameter ---2.062 lbs. per lin. foot. 2 1-2 inches diameter ---2.567 lbs. per lin. foot. Only the regular fittings for copper pipe joints will be permitted. Under no circumstances will a wiped joint be permitted on a copper service pipe. (CAST IRON) All cast iron services will be laid from the street main to the inside of the building line by the Water Department, making a charge to the appli- cant of cost plus 10 per cent. MINIMUM SIZE OF SERVICE PIPE!. Section 5. No water service pipe from the main to any build- ing shall be less than 3-4 inch size. APPROVAL BEFORE BACKFILL. Section 6. Plumbers installing water service pipe for any building shall close the curb shut-off and leave it closed upon completion of their work, and when pipes are laid to the curb only, they shall close the end of the pipe or fitting with a tight metal plug or cap. All service pipes must be tested under pressure in the presence of an authorized representative of the City before being covered and a final written approval given, otherwise water will not be served through same. ALTERATION TO SERVICES. Section 7. After a service connection has been laid, no plumber or other person shall make any attachment or connec- tion to it, or extend same for any use, unless he shall procure a written permit from the Superin- tendent of Water Works, specifying the particular additions, repairs or alterations to be made. SEPARATE CONNECTIONS. Section 8. There shall be a separate service pipe laid from the main to each building or each side of a double house, unless the same party owns all the buildings to be supplied, in which case he may install a single line, but must install only one meter and be responsible to the Water Department for all water passing through it. SERVICE SHUT -OFFS AND VALVE BOXES. Section 9. A curb box and shut-off for controlling the supply of water to consumers shall be placed on every service. When connections are made in streets, the stop -box shall be placed twelve inches inside from the face of the curb, if no curb exists, it should be placed twelve inches outside the side- walk or sidewalk line. When made in alleys it shall be placed twelve inches outside the lot line. The cover of said box shall be maintained at the same height as the sidewalk or the surrounding ground. Property owners are not allowed to cover stop boxes with ashes, dirt or other material, same must be readily accessible at all times. CURB COCK. Section 10. The curb shut-off shall be inserted in the service pipe so that the tee head shall be parallel with the curb or alley line when the water is turned off. Said curb cock shall be what is known as inverted key. Minneapolis Patter, round way, having threaded female open - 22 ings on each end for soldering nipples. They must also be provided with a piece of pipe screwed on to the top of the cock, 12 inches long, which will serve as a guide for the stop box key. Other types and arrangements may be installed provided they are approved by the Water Superintendent. STOP BOX. Section 11. The stop box shall be what is known as the Buffalo Type Box, or one equally as large which must be approved by the Superintendent of the Water Works. GATES ON LARGE SERVICES. Section 12. All cast iron service pipes or pipes 2 inches or more in diameter shall be provided with two gate valves, one at a point as near the main as possible and the other just inside the building wall. The valve box used on the outside valve must be of a standard pattern similar to those used by the Water Works on the distribution system. STOP AND WASTE COCK. Section 13. Every service pipe must also have a stop and waste cock placed in the building within two feet of the point where the pipe enters the building and on the inlet side of the meter. Said stop must have a handle or wheel attached to turn the same, and be kept in working order at all times so that the water may be shut off by the occupant of the premises. There shall also be a valve placed on the outlet side of the water meter, not more than three feet from the meter, so that the meter can be taken out or replaced without draining the pipe system of the building. MEDDLING WITH SHUT-OFF PROHIBITED. Section 14. The outside shut-off and stop box shall be under the sole control of the City Water Works, and no one except an employee or person specially authorized by the City Water Works shall open the cover of such box or turn on or off the water. Provided, however, that licensed plumbers may turn on or off the water for testing plumbing or making repairs, provided permission is obtained in advance, but whenever so used the shut-off must be left closed, if found closed, and open if found open by the plumber who uses it. SHUT-OFF TO BE KEPT IN CONDITION BY OWNER. Section 15. The curb box and shut-off must be kept in good condition and ready for use at all times by the owner. Should the owner neg- lect to maintain such box and shut-off in proper condition to be used, and if stop box is found to be filled up, or the stop box or shut-off found to be out of repair at any time, the City Water Works shall have the right to clean or repair the same when needed without giving notice, and charge the cost thereof to the owner, and if payment is re- fused, may turn off the water in the service until same is paid. NO CONNECTION BETWEEN SERVICES. Sec- tion 16. Where there are two or more services on premises, the piping from each service must be kept separate, and no connection made from one to the other. DEPTH OF SERVICE PIPES. Section 17. Serv- ice pipes must be laid at least five and one-half feet below the surface of the ground. No shut-off shall be placed less than five and one-half feet, nor more than six and one-half feet below the surface of the ground. • SERVICES INSTALLED AND MAINTAINED BY OWNER. Section 18. All service pipes and fix- tures from the street main to the meter, including the corporation cock shall be installed and main- tained at the expense of the owners, and any leaks or other defects in the same !shall be promptly re- paired by them, or if not promptly repaired, the water shall be turned off until such repairs have been made, and the expense incurred thereby shall be charged against such owner, and must be paid before water shall be turned on again. BREAKS IN WATER PIPES. Section 19. The City of Dubuque shall not be held responsible for any damages caused by the breaking of any serv- ice pipe, water main or fire hydrant. ABANDONED SERVICE PIPES. Section 20. All service pipes abandoned must be permanently closed off at the water main at the expense of the owner of the premises, and so reported to the Water Department for inspection and written ap- proval given before being backfilled. If a service pipe or connection, which is not being used, is found to be leaking, the City Water Works may without notice, repair or turn off the same and charge the expense thereof to the owner of the property. RIGHT TO SHUT OFF. Section 21. The City of Dubuque reserves the right at any time, when neces- sary, without notice, to shut the water off its mains for the purpose of making repairs or extensions or for other purposes, and no claims shall be made against the City of Dubuque by reason of the break- age of any service pipe or service cock, or from any other damage that may result from shutting off water for repairing, laying or relaying mains, hydrants or other connections. (The City Water Works will give notice of shutting off water if con- ditions are such that it is possible to do so). TO AVOID EXPLOSIONS AND EXPENSIVE RE- PAIRS. Section 22. When water is shut off for making repairs, consumers having water heating coils, should turn off the water at the basement shut-off and open a faucet in the hot water pipe and leave it open until water is turned on, in order to protect piping and fixtures from excessive pres- sures from hot water or steam. RESPONSIBILITY IN TURNING ON WATER. Section 23. In turning on water, the City of Dubuque or City Water Works shall not be responsible for any damage that may occur by reason of open, de- fective or disconnected fixtures or piping. CITY ONLY TO TURN ON WATER. Section 24. No person except a representative of the Water De- partment shall turn on the city supply to any premises. No charge will be made for turning on water for any newly opened accounts. The Water Department may refuse to turn on the city water to any premises where a bill is in dispute or unpaid or where, if applicant is a tenant, the required de- posit has not been made. ACCOUNTS CLOSED. Section 25. Owners or consumers desiring to discontinue the use of water shall give notice thereof to the Water De- partment. The water will then be shut off, the meter read and sealed, and a bill rendered for the amount due. Deposits will either be ,transferred to new loca- tion or refunded in full after the bill has been paid. METERS REQUIRED. Section 26. All perma- nent services shall be metered, except fire pro- tection services, which may or may not be metered, at the discretion of the Water Works Superintend- ent. OWNERS TO BUY METERS. Section 27. All water meters in sizes from 5/8 inches to 1 inch, inclusive, shall be furnished to the consumer by the Water Department without expense to the con- sumer and shall be repaired and kept in first-class condition by said Department. Only one meter will be furnished for each building. Meters in ex- cess of one desired for a single building shall be purchased by the owner or owners of such building. Meters above 1 inch in size shall be approved by the Water Department before the same is installed and purchased by the owner or owners. METERS WHERE AND HOW INSTALLED. Sec- tion 28. Meters must be installed just inside of basement wall at end of service pipe, as hereto- fore described. The regular couplings, which are sold as part of the meter, must remain intact when meter has been installed. All meters must be placed between one foot and four feet above basement floor. A suitable place shall be provided for the meter so as to keep it dry and clean and readily accessible at all times to the meter reader and inspectors of the Water Works. Wherever it is impossible to install a meter in the basement, the plumber must obtain special in- structions as to its installation from the Superin- tendent of Water Works. Should any meter be found improperly installed by Water Works employees, the owner will be given' five days notice to make necessary changes. If not complied with by that time, the water will be turned off until changes are made. A dollar pen- alty will be charged before being turned on again. A stop and waste shall be placed at the inlet side and a gate valve on the outlet side of all meters. METERS FOR SERVICES LARGER THAN 2 INCHES. Section 29. For services larger than 2 inches in diameter the City Water Works reserves the right to install two or more meters of smaller size. Where meters are so placed, each meter shall have a valve or shut-off on both inlet and out- let pipe, in addition to the basement shut-off. TWO OR MORE METERS IN SAME BUILDING, HOW INSTALLED. Section 30. In case that two or more meters are desired for measuring water to different tenants in the same building, from one service connection, they shall be placed so that no one of them shall measure water which has passed through another meter. OWNERS MUST PROTECT METERS. Section 31. The owner of premises where a meter is installed shall be held responsible for its care and protection from freezing or hot water and from other injury or interference from any person or persons. In all cases, where meters are broken or damaged by negligence of owners, or occupants of premises, or by freezing, hot water or other injuries except or- dinary wear, the necessary repairs will be made by the Water Department, and the cost charged to such owner or occupant. In case payment thereof 23 !' I t; . I , is neglected or refused, the water supply shall be turned off until full payment has been made, to- gether with one dollar penalty. TAMPERING WITH METERS PROHIBITED. Section 32. Damaged meters or stopped meters may be removed and repaired by the Water De- partment without first giving notice thereof to the owner. No one shall in any way interfere with the proper registration of a water meter, and no one except an authorized employee of the Water Works shall break a seal on any meter or other part of the water supply system; provided, however, that the Superintendent of Water Works may grant per- mission to a licensed plumber in case of emergency to break such seal for draining pipes or stopping water leaks. HOT WATER SYSTEMS SHOULD HAVE CHECK VALVE. Section 33. Every hot water system should have a check valve installed between said system and the water meter. Wherever a check value is installed, there shall also be installed on the hot water distributing system a suitable relief valve to protect the system from excessive pres- sure from hot water or steam. ACCURACY AND TESTING OF METERS. Sec- tion 34. Where the accuracy of a meter is ques- tioned, it shall be removed by the Water Depart- ment at the request of the consumer and shall be tested in his presence, in the shop of the Water De- partment by means of the apparatus provided for that purpose. Both parties to the test must accept the findings thus made. If the meter is found to register within 102 per cent of the water actually passing through it, a charge of $2.00 will be made to pay the cost of making the test. If the meter is found to measure more than 102 per cent of the water passing through it, no charge will be made for the test and a proportional reduction will be made from the previous bill. A water meter shall be considered to register satisfactorily when it registers within 2 per cent of accuracy. METERS WHEN READ. Section 35. Meters on domestic services or small users of water shall be read quarterly. Meters on commercial services or large users of water shall be read monthly. PAYMENT OF BILLS. Section 36. All bills for water shall become delinquent fifteen days after date of reading the meter. Ten days after a bill has become delinquent the water may be shut off and shall not be turned on again until all water bills and other charges due for services, together with one dollar penalty, has been paid. Water will be turned on only during the regular working hours. CONNECTIONS FOR FIRE PROTECTION ONLY. Section 38. Connections which are to be used ex- clusively for supplying water to extinguish fires may be granted upon the following conditions: APPLICATION FOR FIRE LINES. 1st. Application for such connection shall be made in writing by the owner of the premises to be served, or his legal representative on a form fur- nished by the Water Department. DRAWINGS FOR FIRE LINES TO BE FURNISHED. 2nd, The applicant must furnish with the appli- cation, a complete and correct drawing or set of drawings, showing the location of the premises to 24 be supplied, together with location of all valves, pipes, hydrants, tanks, sprinkler heads, and other appurtenances on the premises, the plans to re- main the property of the Water Works. The appli- cant shall also agree to furnish the Water Works with drawings showing revisions to piping and ap- purtenances, whenever the same are made. FIRE LINES HOW INSTALLED. 3rd. All fire service connections shall be in- stalled by the Water Works from the street main to a point just inside the building. All excavation and the opening through the wall must be made by the applicant. The owner shall pay the cost of the labor and materials for such extensions, plus 10 per cent to cover overhead expense. All repairs to the service pipe between the street main and the building shall be done by the Water Works at the expense of the owner. The Water Works shall reserve the right to limit the size of fire protec- tion services where the street mains are of such size as to make it necessary to protect public in- terest. If more than one service is installed to the same premises, the piping system of one shall not be connected with the others. No connection shall be made between the fire service pipe system and the regular water supply of the premises. USE OF FIRE LINES 4th. No water shall be drawn from the fire service pipes for any purpose whatever except for the extinguishment of fires. Valves on outlets, drain cocks, etc., placed on the pipe system shall be of a style that can be sealed by the Water Works Inspector. When any such valve or cock is opened, the owner or occupant of the premises shall notify the Water Department so that the same can be re- sealed at once. This paragraph is not to be con- strued as prohibiting a reasonable use of water for fire drills, draining of a system to prevent freez- ing or other reasonable use in connection with proper fire protection. CITY LINES NOT TO BE CONNECTED WITH PRIVATE SYSTEMS. 5th. All fire protection systems and other con- nections supplied with water from the City mains shall be supplied exclusively with such water and no connection shall be allowed with any other system drawing its supply from any other source, whereby the City water supply may be contaminat- ed by the failure to close valves, or leaking check valves, etc., and no auxiliary or secondary suction pipe to any fire pump taking water from any other source will be permitted. Where such connection or duplicate system now exists, the Water Works Superintendent may require the owner of the premises to install a modern double check system of the type generally known as the "Factory Mutu- al" fire service connection. Should the owner neglect or refuse to make the required changes within 30 days the City supply will be shut off. OPEN FOR INSPECTION. 6th. All fire services shall be subject to in- spection by the inspector of the Water Department, who will visit all premises having fire services from time to time, and the owners or tenants shall give the inspector all reasonable facilities for making the inspection and any information concerning the same that may be required. Care will always be taken that inspections will be made with as little inconvenience to the owners or oc- cupants as possible. PENALTY FOR USING FIRE LINE FOR OTHER PURPOSES. 7th. In any case where the owner or occupants of any premises are found to be using water from a fire service for other purposes than fire protec- tion, the water shall be shut off from same until the offenders shall give reasonable assurance be- fore the City Council that the offense will not be repeated, and a charge of ten dollars will be re- quired for turning the water on again. A Second violation of this rule will be considered sufficient cause for cutting the service off the main, and re- fusing to re -connect same while the offender oc- cupies the premises. METERS FOR FIRE LINES. 8th. The City Water Works reserves the right at any time to require the owner of the premises supplied, to furnish and install, at his expense, and under the direction of the Superintendent of Water Works, an approved water meter and to keep same in accurate operating condition. FIRE SERVICE RATES. Section 39. Water shall be furnished for Fire Protection at the following rates: Automatic Sprinklers: Minimum up to ZOO heads, $25.00 per year. 200-300 heads, $ 30.00 per year. , 300-400 heads, $ 35.00 per year. 400-600 heads, $ 40.00 per year. 600-800 heads, $ 45.00 per year. 800-1000 heads, $ 50.00 per year. 1000-1200 heads, $ 55.00 per year. 1200-1400 heads, $ 60.00 per year. 1400-1600 heads," $ 65.00 per year. 1600-1800 heads, $70.00 per year. 1800-2000 heads, $75.00 per year. 2000-2200 heads, $ 80.00 per year. 2200-2400 heads, $ 85.00 per year. 2400-2600 heads, $ 90.00 per year. 2600-2800 heads, $ 95.00 per year. 2800-3000 heads, $ 100.00 per year. 3000-3500 heads, $ 105.00 per year. 3500-4000 heads, $ 110.00 per year. 4000-4500 heads, $ 115.00 per year. 4500-5000 heads, $ 120.00 per year. 5000-5500 heads, $ 125.00 per year. 5500-6000 heads, $ 130.00 per year. All over 6000 heads at $ 1.00 per hundred or fraction thereof. Private Fire hydrants, $25.00 per year. For other fire services not covered in this sec- tion a rate will be established by the Superintend- ent before water is turned on. All charges for fire protection are payable at the Water Office semi-annually in advance. FLAT RATES. Section 40. A flat rate will be charged for water used for the construction of residences as follows: For frame residence, $ 3.50. For brick, stucco, concrete or tile, $ 5.00. For larger buildings, street paving or other construction work a meter may be required by the Superintendent of Water Works, or a charge made according to quantities as follows: Sidewalk, 1 1/4 per sq. yd. Concrete --bulk, 5 per Cu. yd. 8tone masonry, 3 per perch. Brick work, 64 per 1000. Plastering, 20 per 100 sq. yds. Concrete curb, 3/4 per lin. yd. Concrete gutter, 1 1/4 per sq. yd. Concrete pavement, 1 per sq. yd. Brick or concrete manholes, 50 each. Steam rollers, $ 10.00 each per season. Asphalt rollers, $ 1.00 per block Paving. Wetting down sub -grade, $ 1.00 per block. The rate for water charged for other purposes not mentioned herein, such as for circuses, carni- vals, fairs, skating rinks, swimming pools, tank wagons, filling cisterns, etc., will be made by the Superintendent of Water Works when application is made for same at the Water Office. USE OF FIRE HYDRANTS. Section 41. No per- son, except members of the Fire Department, streets and sewers, employees of the City Water Works shall open any public fire hydrant belonging to said City Water Works at any time without a permit in writing issued at the Water Works office. ACCESS TO PREMISES FOR INSPECTION. Sec- tion 42. Inspectors of the Water Department or any person authorized by the Superintendent of Water Works shall have free access at all reasonable hours to any building for the purpose of inspecting, removing or replacing meters, examining water fixtures and observing the manner in which the water is used. CAUTION. Consumers are cautioned not to allow any per- son claiming to be an inspector of the Water Works, to enter their premises unless he shows the offi- cial department badge with the words "Inspector, City Water Works." I• NFORMATION FURNISHED BY CITY. Section 43. Such information as may be obtained from the records, maps, employees, etc. of the City Water Works relative to the location of Water Mains, and service pipes, will be furnished plumbers or inter- ested parties; but the Water Works does not guar- antee the accuracy of all such information. WATER MAIN EXTENSIONS. Section 44. Any person or persons desiring a water main extension shall apply for same in writing to the Superintend- ent of Water Works, who will make an investiga- tion and submit same with his recommendations to the City Manager and City Council for their deci- sion. PENALTY FOR VIOLATION OF RULES. Sec- tion 45. Any violation of this Ordinance shall con- stitute a misdemeanor and be punishable by a fine not to exceed $ 100.00, or by imprisonment not to exceed thirty days. OTHER RULES, ETC., REPEALED. Section 46. All rules, regulations, ordinances or parts of or- dinances in conflict herewith are hereby repealed. 25 Passed, adopted and approved upon final readings this 25th day of April, 1928. Amended 3/30/31; 6/15/50. Ordinance No. 15-50. An Ordinance Fixing and Establishing Rates to be Charged for the Furnishing of Water for Resi- dental, Commercial, Industrial, and Other Uses and Purposes Within and Without the City of Dubuque, Prescribing a Penalty for Violation Hereof, and Repealing Other Ordinances and Resolutions in Conflict Herewith. Be it Ordained by the City Council of the City of Dubuque: RATES FIXED. Section 1. Commencing with all meter readings on and after July 1, 1950, the rates to be charged for water for residential, commer- cial, industrial, and other uses and purposes by any person, firm or corporation supplying water within the City of Dubuque shall be and they are fixed and determined as follows: Water rates for users within the City of Du- buque, Iowa, whose meters are read quarterly shall be as follows: First 3,000 cu. ft., per quarter, at $ .27 per 100. Second 3,000 cu. ft., per quarter, at $ .22 per 100. Third 3,000 cu. ft., per quarter, at $ .17 per 100. Next 21,000 cu. ft., per quarter, at $ .14 per 100. Next 15,000 cu. ft., per quarter, at $ .13 per 100. Next 30,000 cu. ft., per quarter, at $ .12 per 100. Next 75,000 cu. ft., per quarter, at $ .11 per 100. Next 150,000 cu. ft., per quarter, at $ .09 per 100. Balance per quarter at .07 per 100. The minimum quarterly charge according to size of meters shall be as follows: 5/ 8 _ _ _ $ 2.45 ---allowance 3/ 4 n --- $ 3.75 ---allowance 1 u__ -$5.00 ---allowance 1,1/4n---$ 6.00 ---allowance 1,1/ 2 $ 7.50 ---allowance 2 n ___ $ 9.00 ---allowance 900 cu. ft. 1300 cu. ft. 1800 cu. ft. 2200 cu. ft. 2700 cu. ft. 3400 cu. ft. Water rates for users within the City of Du- buque, Iowa, whose meters are read monthly shall be as follows: First 1,000 cu. ft., per month, at $.27 per 100. Second 1,000 cu. ft., per month, at $.22 per 100. Third 1,000 cu. ft., per month, at $.17 per 100. Next 7,000 cu. ft., per month, at $.14 per 100. Next 5,000 cu. ft., per month, at $.13 per 100. Next 10,000 cu. ft., per month, at $.12 per 100. Next 25,000 cu. ft., per month, at $.11 per 100. Next 50,000 cu, ft., per month, at $.09 per 100. Balance per month at $.07 per 100. The minimum monthly charge according to size of meters shall be as follows: 26 .82 ---allowance 1.25 ---allowance 1.67- - -allowance 2.00 ---allowance 2.50- - -allow anc e 3.00 ---allowance 4.50 ---allowance 6.00 ---allowance 300 cu. ft. 400 cu. ft. 600 cu..ft. 700 cu. ft. 900 cu. ft. 1100 cu. ft. 1800 cu. ft. 2600 cu. ft. 6 'I --- $ 9.00 ---allowance 4700 cu. ft. 10 n --- 15.00 ---allowance 9000 cu. ft. Section 2. Commencing with all meter readings on and after July 1, 1950, the rates to be charged for water received from the City of Dubuque Mu- nicipal Water Works for residential, commercial, industrial, and other uses and purposes by any per- son, firm or corporation outside the City of Du- buque shall be the same rates provided in Section 1 hereof plus an additional charge equal to 25% of the rates listed in Section 1 hereof. Section 3. Any person, firm or corporation who shall violate any of the provisions hereof shall be deemed guilty of a misdemeanor and upon convic- tion thereof shall be fined not to exceed One Hun- dred ($ 100.00) Dollars or imprisoned not to ex- ceed thirty (30) days in jail. Passed, adopted and approved upon final reading this 15th day of June, 1950. Ordinance No. 10-48. An Ordinance Providing for the Name, Control, Supervision and Operation of "The Dubuque Mu- nicipal Airport," and Providing for a Penalty for the Violation of the Provisions Hereof. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the new airport located in Table Mound Township now the property of the City of Dubuque be and the same is now named "The Du- buque Municipal Airport." LIMITATIONS ON USE. Section 2. Only air- craft and airmen licensed by the Civil Aeronautics Administration of the United States Department of Commerce shall operate on or over the airport; PROVIDED, HOWEVER, that this restriction shall not apply to public aircraft of the Federal Govern- ment or of a state, territory or possession, or of a political subdivision thereof, or to aircraft li- censed by a foreign country with which the United States has a reciprocal agreement covering the operation of such licensed aircraft. CONFORMITY TO GOVERNMENT REGULA- TIONS. Section 3. No person shall navigate any aircraft over, land upon, or fly the same from, or service, maintain, or repair any aircraft upon the airport, or conduct any aircraft operations on or from the airport otherwise than in conformity with the requirements of the Civil Aeronautics Admin- istration. ADOPTION OF GOVERNMENT REGULATIONS. Section 4. The Civil Air Regulations as established by the Civil Aeronautics Administration under the authority of the Air Commerce Act of 1926 are hereby adopted by reference and made a part of these rules, except where they are in conflict with the regulations of the United States Air Corps. SUSPENSION OF RULES. Section 5. Any of these traffic rules and regulations that are in con- flict with or contrary to the rules and regulations of the United States Air Corps shall be suspended during any tenancy of the United States Air Corps, and such other rules and regulations as the Post Commander may prescribe shall be put into full effect by supplemental notices issued in the form of Special Field Orders by the airport manager. These Special Field orders shall be effective and made a part of said rules and regulations. PERMITS REQUIRED. Section 6. No person, firm or corporation shall use the municipal airport as a base or terminal for the carrying on of com- mercial aviation, the carrying of passengers, freight, express, mail, or for student flying, com- munications or other commercial or private pur- poses, without first securing a permit from the air- port manager and paying the fees and charges pre- scribed for such privileges, use, or services ren- dered. REGISTRATION REQUIRED. Section 7. The names, addresses, telephone numbers, and nature of business or occupation of all persons stationed or employed upon the city airport or receiving in- struction thereon, or operating therefrom, shall be registered at the administration office of the air- port, except United States Officers or personnel. PENALTIES. Section 8. Any person operating or handling any aircraft in violation of the provi- sions of this ordinance, the rules and regulations promulgated hereunder, or amendments thereto, or who refuses to comply therewith, shall be promptly removed and ejected from the airport by or under the authority of the airport manager, and upon the order of the airport manager, may be de- prived of the further use of the airport and its fa- cilities for such length of time as may be required to insure the safeguarding of the same and the pub- lic and its interest therein. In addition thereto, any person, firm, co -partnership, corporation, associa- tion, society or club violating any of the terms of this ordinance, the rules and regulations promul- gated hereunder, or amendments thereto, shall be fined not to exceed One Hundred Dollars ($ 100.00) or be imprisioned in the city jail not to exceed thirty (30) days. Passed, adopted anda proved this 19th day of April, 1948. Amended 2/2351. Ordinance No. 48-50. An Ordinance Declaring that Public Conveniences and Necessity Will Be Served by the Establish- ment of Off -Street Parking Facilities on Certain Described Property in the City of Dubuque; Di- recting the Acquisition of the Same by Condem- nation or Otherwise and the Erection of Off - Street Parking Facilities Thereon; All as Pro- vided in Chapter 390 of the 1950 Code of Iowa. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the establishment of off-street parking facilities on Lots 204, 205, 206, 207 and 208 in the Town (now City) of Dubuque, Dubuque County, Iowa, will best serve the public convenience and necessity of the City of Dubuque and all objec- tions thereto are hereby overruled; Section 2. That the City -Solicitor be and he is hereby authorized and directed to commence pro- ceedings in accordance with Section 403.9 of the 1950 Code of Iowa in the name of the City of Du- buque to acquire title to so much of said property as is not now vested in the City of Dubuque; Section 3. That when title to said property or any part thereof is vested in the City of Dubuque off -street -parking facilities shall be established thereon in accordance with plans prepared by the City Manager and approved by the City Council; Section 4. That upon the establishment of off- street parking facilities on said property or any part thereof the City Council shall have power by Ordinance to establish and maintain just and equitable rates or charges for the use of and the service rendered by said lands and facilities and provide for the collection of revenue therefrom; Section 5. That upon the establishment of off- street parking facilities on said property or any part thereof the City of Dubuque shall not sell, or offer for sale, any merchandise, or supplies, in- cluding gasoline, oil or motor vehicle supplies; Passed, adopted and approved this 15th day of December, 1950. Ordinance No. 10-51. An Ordinance Declaring that Public Convenience and Necessity Will Be Served by the Establish- ment of Off -Street Parking Facilities on Certain Described Property in the City of Dubuque; Di- recting the Acquisition of the Same by Condem- nation or Otherwise and the Erection of Off - Street Parking Facilities Thereon; All as Pro- vided in Chapter 390 of the 1950 Code of Iowa. Now Therefore, Be it Ordained by the City Council of the City of Dubuque: Section 1. That the establishment of off-street parking facilities on City Lots 644, 645, and the North 2 feet of 646 in the City of Dubuque will best serve the public convenience and necessity of the City of Dubuque and all objections thereto are here- by overruled; Section 2. That when title to said property or any part thereof is vested in the City of Dubuque off-street parking facilities shall be established thereon in accordance with plans prepared by the City Manager and approved by the City Council; Section 3. That upon the establishment of off- street parking facilities on said property or any part thereof the City Council shall have power by Ordinance to establish and maintain just and equi- table rates or charges for the use of and the serv- ice rendered by said lands and facilities and pro- vide for the collection of revenue therefrom; Section 4. That upon the establishment of off- street parking facilities on said property or any part thereof the City of Dubuque shall not sell, or offer for sale, any merchandise or supplies, in- cluding gasoline, oil or motor vehicle supplies; Passed, adopted and approved this 9th day of March, 1951. Ordinance No. 26-51 An Ordinance Prescribing Regulations for the Use of Municipally Owned Parking Lots, Charging a Fee Therefor and Providing a Penalty for the Violation Thereof. Be it Ordained by the City Council of the City of Dubuque: Section 1. The City Manager is hereby author- ized and directed to install parking meters in all municipally owned parking lots for the purpose of, and in such numbers, and at such places as may 27 be necessary to the regulation, control and inspec- tion of the parking of vehicles therein. Section 2. Such parking meters shall be installed immediately adjacent to the individual parking spac- es hereinafter described, and each parking meter shall be so constructed and adjusted as to show, when properly operated, a signal that the. space ad- jacent to which it is installed is or is not legally in use. Each parking meter installed shall indicate on and by its dial the duration of the period of legal parking and on the expiration of such period shall indicate illegal or overparking. Section 3. The City Manager shall establish and designate by suitable markings, parking spaces and traffic lanes on said municipally owned parking lots and each vehicle parking in such parking lots shall park within such parking spaces. It shall be unlaw- ful to park any vehicle on any municipally owned parking lot in such a position that the same shall not be entirely within such parking space or in such a manner that it shall obstruct the free movement of vehicles over such traffic lanes. Section 4. When such parking spaces are so es- tablished and marked and parking meters installed adjacent thereto, it shall be unlawful for any person to cause, allow, permit or suffer any vehicle regis- tered in his name to be parked within such space for the time during which the meter is showing a signal indicating that such space is illegally in use other than such time as is necessary to place such meter in operation between the hours of 8:00 A.M. and 9:00 P.M. of any day except Sundays and Holi- days. Section 5. Parking meters on municipally owned parking lots, when installed and properly_ operated shall be so adjusted as to show legal parking upon and after the'deposit of a United States five cent coin for each one hour of parking up to and includ- ing five hours and five hours upon the deposit there- in of one United States twenty-five cent coin. Section 6. It shall be unlawful to deposit or cause to be deposited in any parking meter any slug, de- vice, or metallic substitute for any United States coin. Section 7. It shall be unlawful for any unauthor- ized person to open, or for any person to deface, injure, tamper with, or willfully break, destroy, or impair the usefulness of and parking meter installed pursuant to this ordinance, or to hitch any aminals thereto. 28 Section 8. It shall be the duty of the police, un- der the direction of the Chief of Police to keep ac- count of all violations of this ordinance. (a) He shall keep an account of and report the number of each parking meter which indicates that the vehicle occupying the parking space adjacent to such parking meter is or has been parked in viola- tion of any of the provisions of this ordinance, the date and hour of such violation, the make and the state license number of such vehicle, and any other facts a knowledge of which is necessary to a thorough understanding of the circumstances at- tending such violation. (b) He shall attach to such vehicle a Summons card stating that it has been parked in violation of this ordinance, and instructing the owner or oper- ator to report to the Desk Sergeant at the Police Station not later than 8:00 o'clock A.M.., the follow- ing morning in regard to such violation. Section 9. Any person violating any provision of this ordinance shall be deemed guilty of a mis- demeanor, and upon conviction thereof shall be punishable by a fine not exceeding $ 100.00 and upon failure to pay said fine shall beimprisoned for a period not exceeding thirty (30) days. Section 10. The amount of the coins required to be deposited in parking meters asprovided herein is hereby levied and assessed as a fee to provide for the proper regulation, control, and in- spection of traffic upon the public streets; said coins as collected are to be paid into the Consoli- dated Fund of the City of Dubuque. Section 11. It shall be the duty of the City Manager to designate some person or persons to make regular collections of the money deposited in said parking meters, and deliver the money to the City Treasurer, and it shall also be the duty of the City Treasurer, to count the money and place it in a special fund to be known as the "Parking Meter Fund", which fund shall be used for the purposes specified in Section 10. Such person or persons making such collections shall be bonded in the sum of One Thousand Dollars ($ 1,000) to insure the faithful performance of his or their duties. The premium on the bond shall be paid by the City. Section 12. If any section, part of section, sen- tence, clause, or phrase of this ordinance shall be held to be unconstitutional or invalid, the remain- ing provisions hereof shall nevertheless remain in • full force and effect. Passed, adopted and approved upon final reading this 4th day of June, 1951. CHAPTER V Parks and Playgrounds Ordinance No. 28. An Ordinance, Providing for the Election of Park Commissioners and Defining their Duties and Powers and Providing as to their Compensation. Be it Ordained by the City Council of the City of Dubuque: PARK COMMISSIONERS. Section 1. There. shall be elected as hereinafter provided three Park Commissioners who shall constitute and be known as the Park Board of the City of Dubuque, Iowa, who shall have the jurisdiction, powers, duties and obligations created, set forth and defined in the statutes of Iowa, as they now are, and as they may be hereafter amended or added to, relative to Park Boards in Cities acting under special charters. ELECTION AND TERM OF OFFICE. Section 2. One of such commissioners shall be elected at each regular biennial municipal election in the City and the term of office of such commissioners. shall be six years. COMPENSATION. Section 3. There shall be no compensation attached to the office of Park Com- missioner, and all services performed by said com- missioners and Park Board, shall be rendered with- out compensation therefor. BONDS. Section 4. Each commissioner shall give bond in the sum of $ 1,000.00 conditioned as provided by the statutes of the State of Iowa, said bonds to be approved by the City Council and if said bonds are taken out in a Surety Company, the cost thereof may be paid out of the park funds. GENERAL DUTIES. Section 5. Among the du- ties of said Park Commissioners as prescribed by the laws of Iowa, are the following: Within ten days after the election of any commissioner, the newly elected commissioner shall qualify by taking the oath of office and furnishing the bond in the amount and conditioned as hereinbefore provided, and the commissioners shall organize as a Board by the election of one of their number as Chairman, and another as Secretary. Said Board shall have ex- clusive control of all parks, parkings and pleasure grounds, acquired by it, and of all other grounds owned by the City and set apart for park and pleas- ure ground purposes. It shall keep a complete ac- count of all disbursements and expenditures and shall make an annual detailed report of all amounts of money expended and purposes for which used to the Council at the regular April meeting thereof in each year, including a full statement of the work done and improvements made during the preceding year. All payments out of the Park Fund in the City Treasury shall be by orders drawn on the Treas- urer and signed by the Chairman and Secretary of the Park Board, and the Treasurer is. required to honor all such orders drawn as aforesaid to the ex- tent of the money in his hands belonging to said Park Fund. RULES'AS TO CARE OF TREES AND SHRUB- BERY. Section 6. The Park Board shall have con- trol of all trees, shrubbery, flowers, and grass outside of the lot or property lines, and inside of the curb lines, and upon the public streets and driveways in the City, and is hereby authorized and empowered to formulate and enforce rules and regulations for the proper planting, care, trim- ming, and protection thereof, and it shall be the duty of all persons to comply with such rules and regulations. CARE OF TREES AND SHRUBBERY. Section 7. The Park Board is authorized to plant, cut, prune, remove, transplant, spray, care for, and maintain, all trees, shrubbery, flowers and grass outside of the lot or property lines and inside the curb lines and upon the public streets of the City in such man- ner as not to interfere with public travel and in so far as said Board exercises said authority it is authorized to receive from the owner or occupants of the property in front of which such work is done, a reasonable charge for the work so performed, the amounts so received to be used and accounted for as are other park funds, or it may pay the cost thereof or any part thereof out of the Park Fund. 1919 Revision Ordinance No. 26. An Ordinance Designating Certain Parcels of Ground Owned by the City of Dubuque for Park and Pleasure Grounds. Be it Ordained by the City Council of the City of Dubuque: GROUNDS SET APART. Section 1. The follow- ing parcels of ground owned by the City of Dubuque and heretofore and now used for park and pleasure ground purposes, viz: a. The ground bounded on the east by Iowa Street, on the south by Fifteenth Street, on the west by Main Street, and on the north by lot number seven hundred forty-six (746) being the property now known as Jackson Park. b. The triangular piece of ground immediately north of Fifteenth Street, and between Locust and Bluff Street being the property now known as Grant Park. c. The public square bounded on the east by Locust Street the south by Sixth Street, the west by Bluff Street and the north by Seventh Street, being the property now known as the Washington Park. d. The triangular shaped piece of ground lying northerly of Jones Street, between South Main and West Main Streets, being the property now known as Phoenix Park. e. The lot at the northeast corner of Dodge and Booth Streets, being the property now known as the Dodge Street Play Ground. f . That part of the property north of Fourteenth Street and between Elm and Pine Streets, now used as a playground, being the property now known as the Fourteenth Street Play Ground. 29 imemiimilluneemspinamuinemitmAnmpummat Ectt4ttt g. The small triangular piece of hillside ground near the westerly end of 12th Street situated be- tween the Grove Terrace retaining wall, and the westerly curb of that part of Grove Terrace lead- ing from 12th Street to Arlington Street, being the property now known as the 12th Street Hillside. h. The hillside ground, parts of Madison and North Main Streets near Madison Park, being the property now known as the Madison Street Hillside. i. The small triangular piece of ground at the corner of College Avenue and West Fifth StreetS being the property now known as College Avenue Triangle. j . All of the various parcels of ground (includ- ing the property given to the city by J. V. Rider for park purposes and now known as Madison Park) that heretofore have been or hereafter may be acquired by the Park Board or Park Commis- sioners of the City of Dubuque, for park or pleas- ure ground purposes and the title to which has been or may hereafter be conveyed to the City of Du- buque for park purposes; are hereby designated as grounds set apart for parks and pleasure grounds under the care and control of the Park Commis- sioners of the City of Dubuque. 1919 Revision Ordinance No. 26-49. An Ordinance Creating a Playground and Recrea- tion Commission of the City of Dubuque, Defin- ing Its Powers and Duties, and Providing for Joint Maintenance and Operation of Playground and Recreation Facilities with the Board of Edu- cation of the Independent School District of Du- buque: Be, it' Ordained by the City Council of the City of Dubuque: COMMISSION CREATED. Section 1. That there be and there is hereby created a commission to be known as Playground and Recreation Commission of the City of Dubuque of seven members consist- ing of a representative of the Board of Education of the Independent School District of Dubuque, a representative of the Parochial School System, the City Manager as ex -officio members, together with four citizen members, at least two of whom shall be women, all of whom shall serve without compensation. The members of the commission shall be appointed by the City Council and their term of office shall be for a period of three years. When a vacancy occurs on such commission it shall be filled by the City Council, but such mem- ber thus appointed shall be appointed to fill only the unexpired term of the member in whose place he has been appointed. The City Manager shall be a member of such commission by virtue of his of- fice and he shall exercise all duties with reference to playground and recreation facilities as are by law imposed upon him. ORGANIZATION. Section 2. That, after such commission has been appointed it shall organize by the election of a chairman, vice-chairman and secretary and the terms of office of such officers shall be for one year following their election but they shall continue to hold office until their suc- cessors are duly elected. 30 •I 1,11 I I POWERS AND DUTIES. Section 3. That such commission shall have supervision over all recre- ation activities of the City and shall control the equipment, maintenance and conduct of the same. It may appoint a suitable superintendent and all necessary assistants, fix their term of employ- ment, salaries and duties. It may adopt such rules and regulations for the conduct and maintenance of play -facilities as it may deem advisable. COOPERATE WITH SCHOOL BOARD. Section 4. That in the operation, conduct and operation of recreation ground and recreation activities, the City Council shall cooperate with the Board of Education of the Independent School District of Dubuque, the Superintendent of Schools and all pub- lic spirited citizens interested in child welfare and in the advancement of physical and social condi- tions generally and, to this end, it shall annually levy such a tax upon the taxable property of said city as it may deem necessary to defray its share of the expense incident to the carrying on of such activities, but all taxes thus levied or money ap- propriated shall be expended only upon warrants drawn upon the City Treasurer. CERTIFICATION OF NEEDS. Section 5. That on or before the 15th day of July in each year, the commission shall certify to the City Council the amount of money it will need for all purposes for the ensuing fiscal year, which statement shall be used to determine the tax levy for recreational activities and as a basis for making an appropria- tion. If a tax be levied the same shall not exceed that permitted by law. REPORT. Section 6. That on or before the 10th day of April in each year said commission shall make a complete detailed report to the City Coun- cil showing receipts and disbursements for the year ended, which report shall be kept 'as a part of the permanent records of the City. Section 7. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the ex- tent of any such conflict. Passed, adopted and approved upon final reading this 30th day of June, 1949. Ordinance No. 14-47. An Ordinance Repealing "Ordinance No. 17--45, Designating Certain Parcels of Ground Owned by the City of Dubuque for Playground and Rec- reation Purposes," and Designating Certain Parcels of Ground Owned by the City of Du- buque for Playground and Recreation Purposes; Now, Therefore Be it Ordained by the City Council of the City of Dubuque: Section 1. That Ordinance No. 17--45 being an Ordinance designating certain parcels of ground owned by the City of Dubuque for playground pur- poses be, and the same is hereby repealed. Section 2. That the following parcels of ground owned by the City of Dubuque be, and the same are hereby designated as grounds set apart for play- ground and recreation purposes under the care and control of the Playground and Recreation Commis- sion of the City of Dubuque: "The southerly 1611 of Lots 1 and 3 of Block D, Lots 1, 2, 3 and 4 of Block E and Lots 1-2-3 and 4 of Block F, all being parts of Industrial Subdivi- sion." Passed, adopted and approved upon final reading this 16th day of May, 1947. Ordinance No. 18-45. An Ordinance Providing for the Development of a Park and Playground on Lots 1, 18, 19, 20, 21 and 22 of Pinehurst Subdivision as a Memorial to the Late Senator William B. Allison and Colonel David B. Henderson. Be it Ordained by the City Council of the City of Dubuque: Section 1. That Lots 1, 18, 19, 20, 21, and 22 of Pinehurst Subdivision be set aside in perpetuity for a public park and playground and dedicated as the Allison -Henderson Memorial Park. Section 2. That to develop and improve the property above described for park and playground purposes there be and there is hereby ear -marked $ 5,000.00 of the annual appropriation for Improve- ment and Care of Grounds in the budget of the Playground and Swimming Pool Fund (Item 146J of the 1945-46 Budget) for each of the fiscal years 1946-47, 1947-48, 1948-49 and 1949-1950 to the end that on or before March 31, 1950, there will have been spent the sum of $ 20,000.00 for the im- provement and development of Lots 1, 18, 19, 20, 21, and 22 of Pinehurst Subdivision including the cost of building paths, suitably surfaced, of grad- ing, seeding or sodding, planting trees and shrubs, providing fences, if necessary, building tennis courts, wading or swimming pools and providing playground areas with equipment and markers suitable for the purposes of the memorial park and playground. This allocation of funds shall not be expended for the care and upkeep of the proper- ty but solely by the Playground and Recreation Commission for the improvement and develop- ment as above set forth and the Playground and Recreation Commission of the City of Dubuque is hereby vested with the control, operation and main- tenance of said park and playground. Section 3. That during the current fiscal year ending March 31, 1946, and before any of the above outlined expenditures are made, in order to pro- vide for an orderly and suitable development of the property, a comprehensive plan for its present and future improvement, including a study of preserv- ing or using the old house, be drawn by competent landscape engineers and such plans be accepted by the Playground and Recreation Commission and ap- proved by the Trustees of the Allison -Henderson Memorial Association. Section 4. That during the fiscal year 1946-47, after the comprehensive plan has been adopted, sufficient money of the above outlined appropria- tion be expended to construct a suitable gateway or gateways with permanent stone piers with a bronze marker or markers appropriately worded thereon indicating that the park and playground is a memorial to the distinguished statesmen --Sena- tor William B. Allison and Colonel David B. Hen- derson. Passed, adopted and approved on final reading this 8th day of October, 1945. 31 CHAPTER VI Streets and Sidewalks Ordinance No. 47. An Ordinance Relating to Building of Permanent and Temporary Sidewalks, and Providing for the Repair of the same. Be it Ordained by the City Council of the City of Dubuque: SHALL BE BUILT TO GRADE. Section 1. That permanent sidewalks hereafter built or laid on any street, shall not be laid until the body of the same shall have been graded, so that when complete such sidewalk shall be at the established grade, and all sidewalks, unless otherwise ordered, shall be per- manent sidewalks and shall be constructed of ce- ment or artifical stone, as provided in the plans and specifications for permanent sidewalks pre- pared by the Engineer and approved by the Council. DUTY OF ENGINEER. Section 2. It shall be the duty of the Engineer, upon the taking effect of this ordinance, to submit plans and specifications for permanent and temporary sidewalks to the Council, and the Council, upon making such changes as they deem advisable, shall approve the same and such plans and specifications so approved shall constitute the plans and specifications for permanent and temporary sidewalks and shall con- tinue in force until changed by the Council. OWNER MAY CONSTRUCT. Section 3. Any property owner may build a permanent sidewalk in front of or along his property at any time at his own expense, by securing a permit as hereafter provided, but' such sidewalks shall conform strictly to this ordinance and the plans and specifications then in force, and no permanent sidewalk shall be built by any person without securing the permit therefor, and whoever shall build or undertake to build, or have any person build for him any perma- nent sidewalk, without having first secured a per- mit therefor, shall be guilty of a misdeameanor, but no permit shall extend for more than fifteen (15) days. COUNCIL MAY ORDER. Section 4. The Council, by the adoption of a resolution, may order the con- struction, reconstruction and repair of permanent sidewalks upon any street, highway, avenue, public ground, wharf or landing. When sidewalks are or- dered constructed, reconstructed or repaired a contract therefore shall be entered into by the City and the work shall be done according to general plans and specifications prepared therefor. After the contract has been completed the cost shall be assessed to the lots or parcels of real estate before which such sidewalks have been constructed, re- constructed or repaired and shall be collected as a special tax in the manner provided by law. CONTRACTORS SHALL GIVE BOND. Section 5. Any person or firm desiring to engage in the con- struction of permanent sidewalks for private busi- ness, or for the City of Dubuque, shall execute a surety company bond in the sum of $ 1,000, to be approved by the City Attorney, conditioned that he will hold the City harmless from damage because 32. of the negligence of himself or his employees while constructing said walk and that he will keep the walk in good and perfect repair for the time stated in the plans and specifications and shall be liable on said bond to the City and property holder for any damage, loss and expense caused by rea- son of his failure to build such walk according to specifications, and for any breach of the bond. One of the conditions of the bond shall be that the Engineer's decision that the walk needs repair shall be final. No bond shall be good for a longer period than one year. INSPECTION OF SIDEWALKS. Section 6. All permanent sidewalks built shall be subject at all times to inspection and control by the City and shall be approved by the Engineer and Street Com- missioner before the person or firm doing the work shall be entitled to demand or receive pay from the property owner for building the same, and the Engineer and Street Commissioner must report to the Council on every permanent sidewalk built by private contractqr, or by the City contrac- tor. The contractor building a walk under private contract shall report its completion to the Street Commissioner. The Council may order any sidewalk which is not in accordance with the plans and specifications taken up and replaced and the person or firm build- ing the same shall be liable on their bond for fail- ure so to do within the time specified. The Coun- cil or the Mayor may revoke any permit without notice. SIDEWALK CERTIFICATES AND ASSESSMENTS. • Section 7. Permanent sidewalk certificatesmay be issued in the same manner and to the same ef- fect as street improvement and sewer certificates provided for in Chapter 8 of Title V of the Code and the owner of any lot or parcel of land against which an assessment for permanent sidewalks is made, may at the time of making said special assessment take advantage of the provisions of Sections 791b to 791h inclusive of the Supplement of 1907 to the Code of Iowa, which assessments shall bear interest at the rate of 6 per cent per annum. OBJECTIONS TO COST. Section 8. All objec- tions to the assessment of cost of construction of permanent sidewalks, against the lots or parcels of land in front of which the same are constructed and all objections to the prior proceedings, on ac- count of errors, irregularities or inequalities must be made in writing and filed with the Record- er prior to the date fixed for said assessment; and all objections not so made shall be deemed waived except where fraud is shown. TEMPORARY SIDEWALKS. Section 9. The Council may by resolution or order direct the building of a temporary sidewalk along or in front of any lot, part of lot or- parcel of land in front of which a permanent sidewalk cannot be constructed, and describe the place and the time in which the same may be done, which shall not be less than ten days from the date of such order or resolution. Such sidewalks so ordered shall not be less than 4 feet in width, unless otherwise ordered by the Council and shall be constructed in the manner provided for in the specifications hereinbefore re- ferred to. NOTICE. Section 10. Notice of said resolution or order shall be given the owner or his agent or attorney for the property in the manner specified in Section 4 of this ordinance. LIMIT OF COST. Section 11. The cost of building such temporary sidewalks shall not ex- ceed 60 cents the lineal foot and shall in all cases be in proportion to the special benefits confeired on the property thereby, and not in excess thereof. CITY MAY CONSTRUCT. Section 12. If the holder or owner of any lot, parcel of ground or land shall neglect or refuse to comply with such order within the time therein stated the City may at once proceed to construct said sidewalk as provided in said order, by contractors or such other agencies as the Sidewalk Inspector may select, but the same shall be done under the supervision of the Engineer and such Sidewalk Inspector. REPAIRS OF SIDEWALKS. Section 13. That whenever it shall, be deemed necessary or expedi- ent by the Sidewalk Inspector of the City to repair any temporary or permanent sidewalk within the limits of said City, said Inspector shall give to the owners of each or any lot abutting upon such side- walk, a notice of not less than 24 hours, requiring said owner to repair said sidewalk or any portion thereof under the direction of said Inspector, which notice shall be in writing and personally served upon said owner, his agent or attorney in charge of said property, if found in the City. If such owner, agent or attorney cannot be found within the City then said repair may be made by said Inspector without giving any notice. In the event of failure to make such repair so ordered, the said Inspector shall repair said sidewalk promptly at the expense of said abutting property and the owners thereof and report the same to the City Council. In the event said Sidewalk Inspector deems an immediate repair or removal of any defective side- walk necessary he shall have authority to make such repair or removal without notice. MAY ASSESS COST OF REPAIRS. Section 14. As soon as any temporary idewalk or any repair on any sidewalk has been completed as hereinbefore provided, the Sidewalk Inspector and Engineer shall report the cost of such sidewalk or repair to the City Council, and if the same shall be approved by said Council they shall forthwith levy a special tax on each lot, part of lot or land abutting on said sidewalk sufficient to pay the costs of the improve- ment or repair made in front thereof, said assess- ment to be a lien on the lot or parts of lot or land in question and shall be levied and collected the same as other special assessments. 1919 Revision; Amended 5/2/28. Ordinance No. 51. An Ordinance Relating to Obstructions In or Upon Streets, Avenues, Alleys, and Sidewalks, and Providing for the Removal Thereof. Be it Ordained by the City Council of the City of Dubuque: BUILDINGS. Section 1. That no owner or occu- pant of any property within the City shall erect on any lot or parcel thereof a building of any kind or character, any part of which building projects or extends over or beyond the property line of such lot or parcel thereof, abutting upon any street, avenue, alley, or other public place. The provi- sions of this ordinance shall apply not only to buildings to be erected, but also to buildings here- tofore erected and maintained contrary to the pro- visions of this section. AREA WAYS, ETC. Section 3. No owner or oc- cupant of any building within the City shall con- struct or maintain or continue to maintain any part of any public sidewalk, street, avenue, or alley, any vault, room, coal hole, or area way for any purpose whatever, unless said person, firm, or corporation shall first file a written application with the Council, together with a sketch or plan showing the manner of construction and size of such room or vault, and the purpose for which in- tended, and consent has been given by the Council to erect or maintain the same. That all openings of any character which may be constructed or maintained leading into any such room, vault, coal hole, or area way through or to any street, avenue, alley, or sidewalk shall be covered so as to pre- vent injury to persons, animals, or vehicles. DOWN SPOUTS. Section 6. No owner or occu- pant of any building in the City shall erect or main- tain any down spouts or pipes for conducting water from the roof of such building or elsewhere so as to discharge the water flowing therefrom onto or over the sidewalk adjacent to such building. PENALTY FOR VIOLATIONS. Section 7. That any person violating any of the provisions of the foregoing ordinance shall be guilty of a misdemean- or and shall, upon conviction thereof, be fined not less than $ 10.00 nor more than $ 100.00, or be confined in jail not to exceed 30 days. ABATEMENT. Section 8. That if any person, firm, or corporation shall erect or maintain any building or thing in a manner contrary to the terms of this ordinance, that the Chief of Police shall notify such person, firm, or corporation to remove such obstructions, and if such person, firm, or corporation shall fail to remove the same within 48 hours after notice has been served upon him or it by the Chief of Police, that the same may be re- moved at his or its expense, or the same may be declared a nuisance and be abated in the manner provided by law. 1919 Revision; Amended 5/7/28; Ordinance No. 53. An Ordinance Providing for the Cleaning of Side- walks. Be it Ordained by the City Council of the City of Dubuque: WHO RESPONSIBLE FOR CLEANING. Section 1. That the occupant of any lot or parcel thereof, or any building located on any lot or parcel thereof within the City, which lot or parcel thereof fronts upon, or lies along any sidewalk of stone, planks; brick or other material, or the owner of any such property, if the same shall not be occupied, shall clear all such sidewalks in front of, or lying along such building or lot, of all snow, ice and slush, as 33 11 the case may be, within 12 hours after such snow has fallen or ice or slush formed, and shall cause the same to be kept free of such snow, ice or slush. CITY MAY CLEAN. Section 2. If the occupant, owner or agent of any such building or lot shall neglect or refuse to comply with the provisions of the foregoing section, within 12 hours after such snow has fallen, or ice or slush formed, the City may proceed to clear such sidewalk of snow, ice and slush. Such work shall be done by the employ- ees, agents or officers of the City, under the direc- tion and supervision of the Sidewalk Commissioner or Chief of Police. That the costs and expenses of doing such work shall be assessed against every lot, lots or fraction thereof fronting or lying along such sidewalk, at the rate of 1/2 cent per square foot for each square foot of such walk. The cost of doing such work shall be reported by the officer having charge of the same to the City Council, and the same shall be -assessed as a special assess- ment, in the manner provided by Ordinance No. 59. PENALTY FOR VIOLATION. Section 3. That if such person, either occupant, owner or agent fails or omits to clear the snow, ice or slush off of any sidewalk owned by him, or under his control, within the time specified in the foregoing sections, or to keep the same clear from snow, ice or slush, he shall be guilty of a misdemeanor and upon con- viction thereof shall be fined not less than $ 5.00 nor more than $ 100.00. 1919 Revision Ordinance No. 54. An Ordinance to. Authorize and Regulate the Instal- lation and Maintenance of Street Lights upon the Streets of the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque: MAY INSTALL STREET LIGHTS. Section 1. That permission is granted to owners and occupants of property fronting upon the streets of the City of Dubuque to install and maintain such street lights and the necessary poles and fixtures therefor, in compliance with the following regulations, viz: a. The poles and fixtures must be maintained in good condition consistent with civic beauty and cleanliness, and the lights must be kept in good order and lighted regularly according to the light- ing schedule in force, by those who are responsible for their erection. b. The lights and the poles and fixtures there- for, on any portion of any street in the City in the City of Dubuque shall conform in design, position and color of pole and fixtures, with the provisions and specifications of a comprehensive plan for lighting the streets of the City of Dubuque, said plan to be prepared by the City Engineer and ap- proved and adopted by the City Council. c. No lights, or poles or fixtures therefor, shall be installed upon any street in the City of Dubuque until permits for their installation shall have been issued by the City Engineer, said permits to be is- sued for such installations only as are strictly in accord with the provisions and specifications of the above mentioned comprehensive plan for light- ing the streets of Dubuque. 34 EXCEPTIONS. Section 2. This ordinance shall not be so construed as to interfere in any way with poles or fixtures already installed, nor shall any- thing contained in this ordinance be in any way con- strued so as to prevent said City from exercising its police power over its streets or sidewalks, or from ordering the repair, reconstruction or entire removal of any or all of said poles at any time when such action may be deemed necessary or advisable. 1919 Revision Ordinance No. 75. An Ordinance to Prevent the Depositing of Filth and Obstructions in'Streets, Avenues and Alleys, and to provide a Penalty Therefor. Be it Ordained by the City Council of the City of Dubuque: WHO RESPONSIBLE. Section 1. No person shall throw, sweep, deposit, or place in any street, avenue, alley or other public place within the City, any ashes, manure, slops, garbage, paper, rags, earth, tin cans, tin waste, wood, coal, lumber, boxes or any other trash, offal, litter or other ar- ticles or things which shall be offensive or danger- ous or which shall be an obstruction to the use of said street, avenue, alley or other public place, and no person shall permit such things to be or to remain in -any street, avenue, alley or public place adjoining premises owned or occupied by him. CITY MAY REMOVE. Section 2. Whenever any of the articles or things mentioned in Section 1 hereof, are thrown, placed, deposited or permitted to remain in any street, avenue, alley or highway, the Chief of Police or Health Officer shall cause the same to be removed at the expense of the per- son by whom they were thrown, placed or deposited in said street, avenue, alley or public place, if known, otherwise at the expense of the owner or occupant of the premises adjoining said street, avenue, alley or public place. PENALTY FOR VIOLATION. Section 3. Any person who shall violate the provisions of this ordi- nance, shall be guilty of a misdemeanor and upon conviction shall be fined not less than $ 5.00 nor more than $ 50.00, or be imprisoned not more than 15 days. POLICE SHALL REPORT VIOLATIONS. Sec- tion 4. It shall be the duty of every policeman to promptly report any violations of this ordinance to the Chief of Police or Health Officer, who shall file an information against any person violating the provisions thereof. 1919 Revision Ordinance No. 169. - An Ordinance Prohibiting the Deposit of Debris and Other Substances upon All Streets Where Rail- road Tracks Are Located and Where Cars Are Loaded or Unloaded and Prescribing the Penalty for Violation Hereof. Be it Ordained by the City Council of the City of Dubuque: Section 1. That no debris or substances of any kind shall be deposited or permitted to be deposit- ed upon any street whereon railroad tracks are located and where cars are placed to be loaded or unloaded either by abutting owners or occupants of property or other persons, firms or corporations. Section 2. That any person, firm or corpora- tion, who, in loading or unloading cars which are placed upon railroad tracks located on the streets of the City of Dubuque, shall deposit in or permit to be deposited in such streets any debris or sub- stances of any kind or character shall be guilty of a_ misdemeanor, and, upon, conviction shall be fined not more than $ 100.00 for each offense, and any person or persons who shall fail or refuse to pay said fine shall be imprisoned not to exceed thirty (30) days. Passed, adopted and approved upon final reading this 5th day of October, 1925. Ordinance No. 171. An Ordinance Requiring All Persons, Firms, or Corporations to Procure a Permit for Excavat- ing in Streets, Alleys, Sidewalks or Public Plac- es; Providing for the Execution of a Bond; Re- pealing All Ordinances or Parts of Ordinances in Conflict with the Terms Hereof and Provid- ing a Penalty for Violation Hereof. Be it Ordained by the City Council of the City of Dubuque: - Section 1. That hereafter, before any person, firm or corporation shall do any excavating in streets, alleys, sidewalks or public places in the City of Dubuque, such party shall first procure a permit therefor from the City Engineer, which permit shall describe the location of such excava- tion. Section Z. That a fee of $ 1.00 shall be charged for each permit issued as herein stated, and when collected shall be paid into the City Treasury. Section 3. That, as a condition precedent to the granting of any permits for excavations in streets, alleys, sidewalks or other public places by any person, firm or corporation, such person, firm or corporation shall cause to be filed with the City Clerk and approved by the City Council, a bond executed by a Surety Company in the sum of $ 5,000.00, the condition of which shall be to hold the City harmless from any and all damages to persons or property that may occur by reason of the making of any such excavation or maintaining the same, or by reason of any negligence in the manner of making such excavations or protecting the same by lights or barriers as a warning to the traveling public or by reason of placing any dirt, stone or other obstructions in such places result- ing from such excavations. Section 4. That any person, firm or corpora- tion who causes to be made any such excavations without a permit and without having filed the bond herein provided for shall be deemed guilty of a misdemeanor and be fined not to exceed One Hundred Dollars ($ 100.00) or imprisonment not to exceed thirty (30) days in jail. Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Passed, adopted and approved this 1st day of Feb- ruary, 1926. Ordinance No. 99. An Ordinance Changing the Names of Streets and Avenues within the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the following changes in the names of streets and avenues within the City of Dubuque be and the same are hereby changed, the changes to become effective from and after the passage and publication of this ordinance as re- quired by law. The names of streets and avenues shall be changed to read as follows: Alta Avenue shall be called Alta Place. Althauser Avenue shall be called Althauser Street. Altman Avenue from Grandview Avenue to where it changes direction to be called St. Joseph Street. Alumni Avenue to be called Alumni Place. Ashton Avenue to be called Ashton Place. Avoka Avenue to be called Avoca Street. Babcock Avenue to be called Babcock Street. Brunswick Avenue to be called Brunswick Street. Berry Avenue to be called Berry Street. Bauer Avenue to be called Bauer Street. Bonson Avenue to be called Bonson Street. Carlotta Avenue to be called Carlotta Street. Clemens on Avenue to be called Clemens on. Street. . Clifton Street to be called Altman Street. Cornelia Avenue to be called Cornelia Place. Crawford Avenue to be called Crawford Street. Dexter Avenue to be called Dexter Street. Diamond Avenue to be called Diamond Street. Pfohl Street to be called Hoyt Street. Dock Avenue to be called Dock Street. Dubuque Avenue to be called Fillmore Street. Dunning Avenue to be called Dunning Street. Euclid Avenue to be. called Euclid Street. Fairmount Avenue to be called Fairmount Street. Fengler Avenue to be called Fengler Street. Francisco Avenue to be called Francisco Street. Front Avenue to be called Front Street. Gandolfo Avenue to be called Gandolfo Street. Goethe Avenue to be called Goethe Street. Hancock Avenue to be called Hancock Street. Henderson Avenue to be called Henderson Street. Hodgden Avenue to be called Hodgden Street. Humboldt Avenue to be called Humboldt Street. Irving Avenue to be called Irving Street. Jansen Avenue to be called Jansen Street. The name of Fink Avenue is dropped and Fink Avenue shall become a part of Jansen Street. Johnson Avenue to be called Johnson Street. Kiene Avenue to be called Kiene Street. Lawndale Avenue to be called Lawndale Street. Lawther Avenue to be called Lawther Street. Liebe Avenue to be called Liebe Street. Lowry Avenue to be called Lowry Street. Lucretia Avenue to be called Lucretia Street. McPherson Avenue to be called McPherson Street. Maria Avenue to be called Maria Street. Marion Avenue to be called Marion Street. Middle Avenue to be called Farley Street. Milwaukee Avenue to be called Milwaukee Street. 35 Morgan Avenue to be called Morgan Street. Perry Avenue to be called Perry Street. Railroad Avenue to be called Railroad Street. Reed Avenue to be called Marshall Street. Rider Avenue to be called Rider Street. Rising Avenue to be called Rising Street. Roberts Avenue to be called Roberts Street. Robison Avenue to be called Robison Street. Saunders Avenue to be called Saunders Street. Schiller Avenue to be called Schiller Street. Schlegel Avenue to be called Schlegel Street. Schroeder Avenue to be called Schroeder Street. Sterling Avenue to be called Sterling Street. Stewart Avenue to be called Stewart Street. Stolz Avenue to be called Stolz Street. Strauss Avenue to be called Strauss Street. Trexler Avenue to be called Trexler Street. Victoria Avenue to be called Victoria Street. Vincent Avenue to be called Vincent Street. Wabash Avenue to be called Wabash Street. Whelan Avenue to be called Whelan Street. Wilbur Avenue to be called Wilbur Street. Winona Avenue to be called Winona Street. Wooton Avenue to be called Wooton Street. Wunderlich Avenue to be called Wunderlich Street. Adams Street in Pleasant View Addition to be called Sac Street. Adams Avenue to be called Prescott Street. Algona Street, Louisa Street and. Riga Street to be called Algona Street. The name of Arch Street to be dropped and the name of Seminary Street to be applied from the junction of West Locust Street and Seminary Street at May Place to Asbury Road, eliminating that part of West Locust Street from May Place to Arch Street. The name of Vine Street to be dropped and Burns Street to be continued from Cleveland Ave- nue to Dodge Street. Catherine Street and Yates Street to be given one name and to be called Catherine Street. Center Street and Carrick Street to be one street and called Finley Street. The names of Clay Street, Couler Avenue and the intersection of Eighteenth Street shall be called Central Avenue, Clifford Street to be called Foye Street. East Street to be called McCormick Street. The names of Emsley's Lane and Thomas Place to be dropped and said streets shall be known as Thomas Street. The names of Thomas Street and Franklin Street on the extension of West Sixteenth Street to be dropped and said streets shall be called West Sixteenth Street and be a part thereof. The name of West Fourth Street running be- / tween Alpine Street and Paulina Street to be called Melrose Terrace. North First Street shall be called Kimball Street. Fourth Street extension to be called East Fourth Street, The name of Grant Avenue shall be dropped and said street shall become a part of Wilson Avenue and be known by that name. Grove Street to be called Greeley Street. Auburn Avenue to be called Auburn Street. The name of Hall Street to be dropped and what was formerly Hall Street and Auburn Avenue to be known as Auburn Street. Adair Avenue to be called Adair Street. 36 Aubudon Avenue to be called Audubon Street. Atlantic Avenue to be called Atlantic Street. Seminary Street lying between Seventeenth Street and Eighteenth Street to be called Heeb Street, and Seminary Street hereafter shall start at Heeb Street instead of West Seventeenth Street. South Locust Street shall be made continuous from Dodge Street to Grandview Avenue and the names of Southern Avenue, Mount Carmel and Heron Street as these were formerly called shall be dropped. That part of Southern Avenue from South Locust Street westerly to the City Limits shall be known as Southern Avenue. Kaufmann Avenue shall run west of Central Avenue to the City Limits. The name of Eagle Point Avenue shall be dropped and said street shall be named Twenty - Second Street and Twenty -Second Street shall run from Central Avenue east to Stafford Street. Hart Street shall be called West Twenty -Third Street. Blocklinger Lane shall be called West Twenty - Fourth Street. Park Hill Avenue shall be called West Twenty - Eighth Street. Klingenberg Street shall be called Hennepin Street. Linden Boulevard shall be called Logan Street. The names of Minyale Road and Peru Road shall‘be dropped and said roads shall be a part of Thirty -Second Street. The name of O'Neil Street shall be dropped and the same shall be a part of Langworthy Street. O'Neil Avenue shall be called O'Neil Street. Park Avenue shall be called Randall Place. Parkway Avenue shall be called Park Street. Pleasant View Avenue shall be called Lexington Street. The name of Willow Street shall be dropped and become a part of Rosedale Avenue and Rosedale Avenue shall be continuous from West Locust Street to Asbury Street. That part of Rosedale Avenue lying south of Willow Street shall be called Auburn Street. The name of Russel Street shall be dropped and said street shall be a part of Rowan Street. Sanford Street shall be called East Twenty - Fourth Street. Short Street in West View Addition shall be called Maiden Street. Short Street in Audubon Addition shall be called Malvern Street. Union Avenue shall be called Kirkwood Street. Yale Street shall be called Oxford Street. Twenty -First Street in Wiltse Addition shall be called Wayne Street. The upper portions of Maple and Pine Streets which are separated from the original streets of the same name shall be dropped and that portion of Maple Street shall be called Morton Street and that part of Pine Street shall be called Poe Street. North Street shall be called Hale Street. West Main Street shall be called Main Street down to the point where such street intersects Jones Street. The name of North Main Street shall be dropped and said street shall be called and be a part of Main Street. Edith Avenue shall be called Edith Street. Edith Street in O'Neil's Subdivision shall be called Roland Street. Wabash Avenue in Pleasant View Addition shall be called Seward Street. Twentieth Street and Twenty -First Street shall extend east from Central Avenue to the Chicago Great Western tracks. Leibnitz Street shall be called Lowell Street. First Avenue shall be called Decatur Street. Second Avenue shall be called Hamilton Street. Third Avenue shall be called Whittier Street. Fourth Avenue shall be called Emerson Street. Fifth Avenue shall be Roosevelt Street. Sixth Avenue shall be called Stanton Street. Seventh Avenue shall be called Shiras Street. Eighth Avenue shall be called Farragut Street. Ninth Avenue shall be called Hawthorne Street. Tenth Avenue shall be called Sumner Street. The name of North Cascade Road shall be dropped and said road shall be a part of Freemont Avenue, and Freemont Avenue shall extend from Grandview Avenue West to the City Limits. That portion of Freemont Avenue from Simpson Avenue south shall be Wartburg Place. South Dodge Street shall be Bryant Street. Forest Street shall be called Florence Street. Halpin Avenue shall be called Halpin Street. Harriet Avenue shall be called Harriet Street. North Iowa Street shall be called Shelby Street. Jefferson Avenue shall be called Jefferson Street. Kelley Avenue shall be called Kelley Lane. Langworth Avenue shall be called Langworthy Street. Peabody Avenue shall be called Peabody Street. Penn Street shall be called Pennsylvania Street. Mont Crest Avenue shall be called Mont Crest Street. Monroe Avenue shall be called Harlan Street. Levi Terrace shall be called LaFayette Street. East Rock Street shall be called Wilber Street. West Second Street shall be called Douglas Street. That part of Tenth Avenue between Rhomberg and Lincoln Avenues and the Eagle Point High Bridge approach shall be called Rhomberg Avenue. That part of Rhomberg Avenue east from Tenth Avenue shall be called Beach Street. Grandview Heights shall be called Plymouth Street. Ann Avenue shall be called Ann Street. Anna Place shall be called West Fifteenth Street. Bradley Avenue shall be called Bradley Street. Burden Avenue shall be called Burden Street. Coates Avenue shall be called Coates Street. College Avenue shall be called College Street. Collins Avenue shall be called Collins Street. , The name of Exchange Street shall be dropped and shall become a part of South Hill Street, which street shall extend from Grandview Avenue to Dodge Street. Decorah Avenue shall be called Delaware Street. De Soto Terrace shall be called Grove Terrace. The name of South Street shall be dropped and said street shall be a part of Dodge Street. Eighth Avenue shall extend from Central Avenue west to Roberts Street. Hill Street shall begin where said street leaves West Eighth Street. All short streets which bear the names of avenues and which are not enumerated herein shall be renamed streets, Central Avenue shall be considered the basic line and all streets running east and west from Central Avenue take their directions from that avenue. East Eighth Street shall be East Eighth Avenue. West Eighth Street shall be Eighth Avenue. West Fourteenth Street shall be known as Loras Boulevard. Julien Avenue and Delhi Street from Auburn Street West to the City Limits shall be known as University Avenue. Dodge Street beginning at Fremont Avenue and running north and westerly shall be known as Lombard Avenue. Platt Street is changed to Mazzuchelli Road. Malden Street is changed to Brunswick Street. Adopted 4/ 15/ 21; Amended 11/23/ 35; 12/20/21; 12/ 18/40; 12/18/40; 3/ 10/ 42; 12/12/49; 2/ 9/ 50. Ordinance No. 12-49. An Ordinance Designating the Alley, First West of University Avenue as a Lane and Naming the Same. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the alley, first west of Univer- sity Avenue, between Algona and Auburn Streets, be and the same is hereby designated as a Lane. Section 2. That the name of said Lane shall be "Campus Lane." Passed, adopted and approved upon final reading this 4th day of April, 1949. 37 n 1 CHAPTER VII Public Market Ordinance No. 36. An Ordinance Relating to Public Markets. Be it Ordained by the City Council of the City of Dubuque: CENTRAL MARKET. Section 1. That the prop- erty of the City adjacent to the City Hall and locat- ed between Clay and Iowa Street and between 13th Street and the Alley first South thereof, together with so much of the streets, alleys, and sidewalks located between 11th Street and 13th Street and White Street and Iowa Street as may be necessary, shall constitute and be known as the Central Mar- ket, and shall be used for the purpose of maintain- ing a public market for the sale of food commodi- ties. OTHER MARKETS. Section 2. That the Council may from time to time, as they deem necessary, designate other territory to be used as a public market or markets, for the sale of commodities usually sold upon public markets. MARKET MASTER SHALL HAVE CONTROL OF. Section 3. That all public markets provided for by this ordinance or that may hereafter be established by the Council shall be under the control and super- vision of the Market Master and he shall have au- thority to enforce all ordinances relatingto public markets and the manner of conducting and carrying on the same. POWERS OF COUNCIL OVER. Section 4. That the Council 'shall have authority to provide for the renting of stalls in public market places, when the same are located on property belonging to the City, and to regulate the manner of renting and the rate or rentals to be charged, for the same. INSPECTION TO BE MADE. Section 5. That all food commodities offered for sale and all weights, measures or apparatus for determining the quantity of commodities, which are kept for sale, or used in selling, upon any public market, shall be subject to inspection by the Market Master as Food Inspector. If any such food commodities are found to be unfit for human consumption, or any such weight, meas- ure or apparatus for determining the quantity of any commodity, is found to give a light weight or less quantity than is represented by the seller thereof, the same may be confiscated and destroyed, and the person offering for sale or selling such food commodities, using or attempting to use such weight, measure or apparatus, shall be guilty of a misdemeanor, and upon conviction may be fined, not to exceed $ 100. MARKET HOURS. Section 6. That the Council may by resolution fix the hours during which public markets shall be open for business and no person shall offer for sale any commodity on any public market, at any other time than that designated by the Council. 1919 Revision 38 Ordinance No. 38. An Ordinance in Relation to Public Scales and Public Weighers. Be it Ordained by the City Council of the City of Dubuque: PUBLIC SCALES. HOW ESTABLISHED. Sec- tion 1. That the City Council may establish and maintain public scales of sufficient capacity to weigh any ordinary load or article, and the same shall be located at such places as the Council may designate. All such scales shall be under the control of the Market Master and it shall be his duty to cause the same to be kept in good repair and to test the same from time to time. That the Council shall appoint a Weigh Master, who shall have charge of each public scale, who shall re- ceive as compensation such amount as the Council may fix by resolution. PURPOSE OF PUBLIC SCALES. Section 2. That such public scales shall be kept and maintained for the use of the public, and any person purchas- ing any coal, grain, hay or other merchandise, in bulk, shall have the right to demand that,the same be weighed on a public scale. FEES FOR WEIGHING. Section 3. That when any merchandise or article is brought to a public scale to be weighed, the Weigh Master shall weigh the same and deliver to the person in charge of such merchandise or article, a certificate showing the correct weight thereof, together with the date when weighed and the name of the person, firm or corporation for whom the weighing was done. That the person having any merchandise or article weighed shall pay the Weigh Master the sum of 10 cents for each load or article weighed. WEIGH MASTER SHALL FILE REPORT. Sec- tion 4. That the Weigh Master of each scale shall make monthly reports to the Council of all money received for weighing during the previous month and shall pay the Treasurer the balance in his hands, after deducting his compensation as such Weigh Master. 1919 Revision Ordinance No. 154. An Ordinance Prescribing the Kind and Descrip- tion of Articles Which May Be Sold in the Cen- tral Market, as Defined in Ordinance No. 36 of the Revised Ordinances of the City of Dubuque, 1919. Be it Ordained by the City Council of the City of Dubuque: Section 1. That from and after the final passage, adoption and approval of this Ordinance the only articles of food commodities which may be sold upon the Central Market, including poultry, vege- tables, eggs, butter and fruits shall be such as are raised or produced by the person or persons offering them for sale and no other person or per- sons shall be permitted to occupy any stand or place upon the streets or sidewalks within the Central Market, as defined by Ordinance No. 36 of the Revised Ordinances of the City of Dubuque 1919. Section 2. Any person or persons violating this Ordinance shall be punished by a fine not to exceed $ 100.00 or imprisonment not to exceed thirty (30) days, and each time that this Ordinance is violated shall constitute a separate offense. Passed, adopted and approved this 19th day of May, 1924. Amended 5/7/28. Ordinance No. 24-42. An Ordinance Relating to Sidewalk and/or Street Displays of Meat and/or Food Products, Re- pealing All Ordinances in Conflict Herewith, and Providing for a Penalty for the Violation of the Provisions Hereof. Be it Enacted by the City Council of the City of Dubuque: Section 1. That no person shall make any side- walk and/or street display of any meat and/or food products upon any of the sidewalks and/or streets in the City of Dubuque, excepting that such displays may be made, subject to the following provisions of this Ordinance, in that part of -the City which has been designated by an Ordinance of the City as "Central Market." Section 2. No person shall make any sidewalk and/or street display of any meat and/or food products upon any of the streets and/or sidewalks in that part of the City of Dubuque designated as the "Central Market" without first securing the consent of the Market Master of the City of Du- buque. It shall be the duty of said Market Master to keep the streets and sidewalks in the Central Market area always open and free for travel there- on. Section 3. Ordinances or parts thereof in con- flict herewith to the extent of said conflict are hereby repealed. Section 4. If any part of this Ordinance shall, for any reason, be adjudged or decreed by any court of competent jurisdiction to be invalid or in- operative, such judgment or decree shall not affect, impair or invalidate the remainder of this Ordi- nance, but shall be confined in its operation to the part directly adjudged or decreed to be invalid and inoperative and to this end the provisions of this Ordinance are to be severable. Section 5. Any person, firm or corporation who violates any of the provisions of this Ordinance shall, upon conviction thereof, be fined not to ex- ceed $ 100.00, and in default of such fine shall be imprisoned for a period not to exceed 30 days. Passed, adopted and approved upon final reading this 7th day of December, 1942. Ordinance No. 207. An Ordinance Establishing Weights and Measures for the City of Dubuque; Appointing the Market Master City Sealer and Authorizing Him to Test Weights and Measures: and Prescribing a Pen- alty for Violation Hereof. Be it Ordained by the City Council of the City of Dubuque: STANDARD ESTABLISHED. Section 1. The weights and measures which have been approved, standardized and adopted by the State of Iowa shall be the standard weights and measures to be used in the sale of all products required to be sold by weight or measure in the City of Dubuque. DRY COMMODITIES. Section 2. All dry com- modities unless bought or sold in package or wrapped form shall be bought or sold only by the standard weight or measure provided by the laws of Iowa, or by numerical count, unless the parties otherwise agree in writing; provided, however, that the following articles are exempt therefrom: (a) Drugs and section honeycomb; (b) when any of the commodities enumerated in Section 3236 of the Code of Iowa, 1927, are sold by the basket or fractional part thereof except when sold as pro- vided in Subdivision C and D hereof, the measure shall be determined by avoirdupois weight and shall be computed as provided for in said section; (c) raspberries, cherries, strawberries and similar berries, also onion sets in quantities of one peck or less may be sold by the quart, pint, or half pint; and (d) grapes, other fruits and vege- tables may be sold in climax baskets, but such containers shall be labeled with the net weight of the contents thereon. BERRY BOXES AND CLIMAX BASKETS. Sec- tion 3. Berry boxes offered for sale or used must have an interior capacity of one quart, pint, or half pint dry measure. Climax baskets offered for sale or used must be of the standard sizes provid- ed by Section 3239 of the Code of Iowa, 1927. BOTTOMLESS MEASURES. Section 4. Bottom- less dry measures shall not be used unless they conform in shape to the U. S. Standard dry meas- ures. MILK BOTTLES. Section 5. The standard bot- tle used for the sale of milk or cream shall be of a capacity of one-half gallon, three pints, one quart, one pint, one-half pint, and one gill filled full to the bottom of the lip. FLOUR. Section 6. A barrel of flour shall con- sist of 196 pounds avoirdupois, and one-fourth bar- rel consisting of 49 pounds shall be a sack of flour. Section 7. Sales of commodities bought or sold by weight or measure shall be bought or sold only by the standards established herein, unless the vendor and vendee otherwise agree. Sales by weight shall be avoirdupois weight unless Troy weight is agreed upon by the vendor and vendee. BREAD. Section 8. The standard weight for a loaf of bread shall be one pound avoirdupois weight. Bread may only be sold in loaves of one-half pound, one pound, one and one-fourth pound, and one and one-half pound, or multiples of one pound avoirdu- pois weight and there shall be printed upon the wrapper of each loaf of bread in plain conspicuous type the name and address of the manufacturer and the weight of the loaf in terms of one of the stand- ards herein specified. Any person, who, by him- self or by the servant or agent or as the servant or agent of another, shall violate any of these pro- visions shall be punished by a fine of not less than 39 $ 5.00 nor more than $ 100.00 or by imprisonment not to exceed 30 days in jail. COAL, ETC. Section 9. It shall be unlawful to sell, or offer for sale, any coal, coke or charcoal in any manner other than by weight, or represent any of said commodities as being the products of any county, state or territory, except that in which it is mined or produced, or represent that said commodities contain more BTU'S than are present therein; or deliver any of said commodities without accompanying each delivery with duplicate delivery tickets, on each of which shall be written in ink or other indelible substance, distinctly expressed in pounds, the gross weight of the coal, the tare of the vehicle, and the net weight of the commodity, with the names of the purchaser and the dealer thereon one of which tickets shall be retained by the dealer and the other given to the purchaser. HAY OR STRAW. Section 10. It shall be unlaw- ful for any person to sell or offer for sale any bales of hay or straw without attaching thereto a plain and conspicuous statement of the minimum net weight thereof. INSPECTION. Section 11. Authority is hereby conferred upon the Market Master or any Police Officer to stop any wagon, auto truck or other vehicle loaded with any commodity being bought, offered or exposed for sale, or sold, and compel the person in charge of the same to bring the load to a public scales and weighed for the purpose of determining the net weight thereof, and any person failing or refusing to comply with such request shall be guilty of a misdemeanor and punished by a fine of not less than $ 5.00 nor more than $ 25.00, or imprisoned for a corresponding number of days. CITY SEALER. Section 12. The Market Master is hereby appointed City Sealer. He shall take charge of and provide for the safe keeping of all standards of weights and measures which may be obtained from any State department, and see that the weights, measures and all apparatus used for determining the commodity or commodities sold throughout the City agree with the standards in his possession. TESTING. Section 13. Such officer shall, upon written request of any citizen, firm or corporation, test any weights, measures, weighing or measuring 40 141.11111i device, or instrument or apparatus used for stand- ards and, may from time to time, without such re- quest, make such test in order to see that the weights and measures used by any person, firm or corporation comply with the requirements of this ordinance. Where such test is made at the request of another, such party shall deposit $ 1.00 with the officer. If the device tested is found to be correct the deposit fee of $ 1.00 shall be forfeited by the person for whom the test was made. If the device is found to be incorrect such deposit fee shall be returned to the depositor and the person whose de- vice was tested shall pay to the officer a fee of $ 1.00, which fee shall be in addition to any other penalty or fee provided for in this ordinance. FALSE WEIGHTS --PENALTY. Section 14. If any person engaged in the purchase or sale of any commodity by weight or measure has in his pos- session any inaccurate scales, weights, or meas- ures, or other apparatus for determining the quantity of any commodity, which do not conform to the standard weights or measures, he shall be punished by a fine of not less than $ 5.00 or more than $ 25.00, or by imprisonment for a correspond- ing number of days. Any person shall be deemed to have violated the provisions of this ordinance, 1st, if he shall sell, trade, deliver, charge for or claim to have delivered to a purchaser an amount of any commodity which is less in weight or measure than that which is asked for, agreed upon, claimed to have been delivered or noted on the delivery ticket, Znd, if he makes settlement for or enter claim based upon any false weight or measure for any commodity purchased. 3rd, if he makes settlement for or enter claim, based upon any false weight or measure for any labor when the price of producing the same is deter- mined by weight or measure; and 4th, if he record a false weight or measure upon a weight ticket or book. Section 15. Whenever the penalty for violation of this ordinance is not herein specifically stated, such penalty shall be a fine of not to exceed $ 100.00 or imprisonment not to exceed 30 days in jail. Passed, adopted and approved upon final reading this 10th day of August, 1928. CHAPTER VIII Public Health Ordinance No. 33. An Ordinance Providing for the Appointment of a Food Inspector and Defining His Duties and Powers. Be it Ordained by the City Council of the City of Dubuque: POWER TO APPOINT. Section 1. That the Board of Health with the approval of the Council, shall annually appoint a Food Inspector who shall have authority to inspect all meats, fish, milk and other food commodities offered for sale for human consumption within the City, whenever he deems it necessary for the preservation of the public health and the prevention of disease. That such Food Inspector shall receive such compensation as may be fixed by the Board of Health with the ap- proval of the Council. DUTIES AND POWERS. Section 2. That when- ever the Food Inspector shall determine, upon in- spection that any meat, fish,imilk or other food commodity offered for sale for human consumption within the City, is stale, unhealthy, unsound, taint- ed, putrid, or unwholesome, he shall have power to condemn such meat, fish, milk or other food com- modity and order the same destroyed. DUTIES AND POWERS. Section 3. That the Food Inspector shall have the right to enter any store or other premises where meat, fish, milk or other food commodities are offered for sale for human consumption, for the purpose of inspecting such premises. and the food commodities offered for sale. That if the Food Inspector shall deter- mine upon inspection, that any such store or other premises, or the fixtures or appurtenances used therein are unclean, filthy or in an unsanitary condition, he shall have power to require the owner or manager thereof, to clean and disinfect such premises or such fixtures, or appurtenances, and to place the same in a sanitary and wholesome con- dition. The said store, premises, fixtures or ap- purtenances, after being ordered cleaned and dis- infected shall not be used for the sale of meat, fish, milk or other food commodity until the same has been cleaned and disinfected, and the same have been inspected and approved by the Food Inspector. 1919 Revision Ordinance No. 34. An Ordinance Prescribing Sanitary Rules and Reg- ulations, Providing a Penalty for Violations Thereof, and Providing for the Manner of Abat- ing Violations as Nuisances. Be it Ordained by the City Council of the City of Dubuque: SANITARY CONDITIONS. INSPECTION. Sec- tion 1. All persons owning, leasing, occupying or having control of any premises, building or build- ings, of any description, together with the alley ad- joining thereto, shall at all times keep the same in a cleanly and wholesome condition, free from filth, stagnant water or other nuisances, and all avoid- able conditions causing or promoting disease, and shall permit the Board of Health, Sanitary Officer, or other persons authorized by the Board of Health, to freely inspect such premises, building or build- ings, at any reasonable hour, and shall answer all proper questions in reference to the sanitary con- dition of such premises and anything thereon. VAULTS. LOCATION OF. Section 2. No privy vault, cesspool or reservoir into which a privy, water closet, sink or stable is drained, except it be water -tight, shall be established or permitted in waterbearing strata or within one hundred (100) feet of any well, spring or any other source of water used for drinking or culinary purposes. CLEANING OF VAULTS. Section 3. All privy vaults, cesspools or reservoirs named in Section Two, shall be cleaned and emptied of their contents at least once every year, before the first day of May; and shall be kept thoroughly deodorized and disinfected by adding to the contents thereof, at least once each month or oftener if necessary, Calcium Hypochlorite as follows: Take the Calcium Hypochlorite in powder form and sprinkel over the contents until the odor is abated, stiring contents if necessary. All privy vaults within the limits of the City shall not be less than five (5) feet deep,_ and shall be constructed of brick set in cement, or of concrete construction, or two-inch tight lumber. DRAINAGE OF VAULTS. Section 4. No privy vault, water closet, cesspool, sink or stable drain shall open into any ditch, stream or drain, except into the public sewers of the City or into disposal tanks equipped with aerated or trickling filters of ample area. ABANDONMENT OF VAULTS. Section 5. When- ever any privy vault or cesspool shall cease to be used for such purpose, the contents thereof shall not be covered with any substance whatever, and such vault shall not be filled in until the contents thereof have been removed and the vault cleaned and disinfected, as directed by the Board of Health. CONSTRUCTION OF DISPOSAL TANKS. Sec- tion 6. Septic tanks or other disposal tanks shall be made of water -tight concrete or masonary con- struction. The filters of disposal plants, except in isolated locations in non -water -bearing strata, shall be installed in basins with water -tight bottom and side walls. REFUSE. DISPOSAL OF. Section 7. (a). No offal, slops, or other wastes from any creamery, factory, shop, chicken house, slaughter house, tannery, hotel, boarding house, restaurant laundry, meat market or private residence, or any other source, shall be thrown or deposited, except in ac- cordance with properly provided garbage disposal, upon any street, alley, lot or land, or into any ravine or open ditch, stream or pond, or upon any land adjoining which is subject to overflow. 41 (b). Any of the wastes above mentioned, not properly disposed of as garbage and common sew- erage, shall be disposed of by independent disposal plants, which latter provision shall particularly apply to creameries, slaughter houses, factories and shops. GARBAGE CANS. Section 8. Every dwelling, tenement or boarding house, hotel or eating house owner, tenant or occupant, shall furnish a water tight can large enough to hold the kitchen slops of any such building or tenement, for at least three days, in which all such kitchens slops must be de- posited. This can must be kept completely covered at all times, and be placed at a convienent place on the rear of the lot or property, near to the alley, in easy access to the City Scavenger. Slop must be drained of any superfluous liquid matter before being deposited in such cans. MANURE IN BINS. Section 9. Manure and other refuse from stables shall be deposited and kept in bins of suitable size, which shall be pro- vided with tight fitting covers to be kept closed at all times, no manure or other stable refuse shall be deposited or kept in any street or alley or upon any lot or parcel of ground within the city except same be contained in such bins. GARBAGE NOT TO BE THROWN IN VAULTS. Section 10. No person shall throw or allow or cause to be thrown into any privy vault, sink or cesspool within this City, any garbage, offal, swill, or other household refuse; not shall any person discharge or cause to be discharged into any privy vault, the slops or water running through or from any sink or drain pipe within any dwelling or building. DISPOSAL OF MANURE. Section 11. All ma- nure and other accumulating waste, including waste matter, solid and liquid of whatever kind not removed by city scavengers, must be disposed of in such manner as not to cause offense or be de- posited at such designated places as the Board may direct. POLLUTION OF STREAMS, ETC. Section 12. No person or persons shall throw or deposit or cause to be thrown or deposited, into any gutter, river, lake,•pond, creek or any other body of water or upon the banks thereof, within the limits of this city, any animal or vegetable matter, garbage, rubbish, slops, offal, butcher's waste, street sweepings, manure, straw, hay, animal bed- ding, ashes, night soil, contents of cesspools or privy vaults or any other nauseous or unwhole- some substance, fluid or thing. ASHES, ETC. Section 13. Ashes and street sweepings, when free from animal and vegetable matter, night soil and all noxious substances may be used for filling purposes in such places as may be designated by the Board of Health or Council. IMPURE WATER. Section 14. No one shall keep open, use or allow to be used for drinking or culinary purposes, any well, cistern or reservoir, the water in which is perceptibly or demonstrably impure or unwholesome, or which is so situated or in such condition as to be especially liable to con- tamination by filty drainage or otherwise. BURNING OF RUBBER, ETC. Section 15. No garbage, materials manufactured in whole or in part from wool, rubber, leather, or other materials 42 IF which evolve offensive odors during combustion, shall be burned without permission of the Board of Health. SAMPLES OF MEDICINES. Section 16. No person, firm or corporation, shall distribute, cir- culate or give away within the City, any trial or free sample of medicine, dyeing ink or polishing powder, pills, drugs or nostrums of any kind or nature in any form or preparation in any manner so that children may get possession of or secure the same; provided that this ordinance shall not be construed to prohibit the sale or gift of any article by a merchant of the City at his regular place of business, nor shall it prohibit the sale, gift or distribution of such articles by handling the same to adult persons. DISPLAY OF FOOD STUFFS. Section 17. No person, firm or corporation, whether acting as agent, employee, manager or owner, engaged in a business in the carrying on of which dates, figs, berries, fruits, vegetables or other articles of food are displayed for sale, shall expose the same in front of his store, stand, stall or other place of business, or upon a wagon, cart or other convey- ance without sufficient covering or enclosure to protect such articles and which shall protect them from flies, insects, dust, dirt or other poison and unhealthy substances or agents, not shall such person, firm or corporation display such articles of food except upon a platform, stand or similar device of sufficient height so that such articles of food shall be not less than thirty (30) inches above the sidewalk or pavement. SALE OF TAINTED FOOD. Section 18. No meat, fish, game, fowl, fruit, milk, vegetables, ice, or any other article of food or drink, or intended for home consumption, the same being then stale, unhealthy, unsound, tainted, putrid or unwholesome, shall be sold, bartered, or kept for barter or sale in any public or private market, store, shop or place within the corporate limits of the City. And it shall be the duty of any and every person who has knowledge of any violation of this section to report the fact of such knowledge and all the par- ticulars relating thereto, to the Board of Health. CARE OF CATTLE AND SHEEP. Section 19. No cattle or sheep shall be confined in any stable or place within the City, in which, in the judgment of the Board, the supply of fresh air, water and food is insufficient for the preservation of their health and wholesome condition as human food. And no milk that has been obtained from cows that are sick or diseased, or that have been fed on swill, offal or other refuse shall be sold of offered for sale by any dealer, agent or owner in said city. HOG PENS. Section 20. There shall not be kept or maintained within the corporate limits of the City, any hog pen or enclosure wherein swine are kept and fed by the owner, lessee or occupant of any property therein, save and except such pens as may be used for the purpose of commerce only. And all such pens used for the purpose of com- merce, shall be kept clean, and the owner, lessee or manager thereof shall see that the same do not become a nuisance in any respect. DISEASES OF ANIMALS TO BE REPORTED. Section, 21. Every veterinary surgeon who is called upon to examine or attend professionally any ani- mal within the City, which has, or is suspected of having glanders or farcy, pleuro -pneumonia, hy- drophobia or any other communicable disease, shall report in writing to the Board of Health of said City within twenty-four hours after the first visit thereto, the location of such diseased animal, the name and address of the owner thereof and the nature of the disease or suspected disease afflict- ing such animal. SAME. Section 22. It shall be the duty of any and every person owning, keeping or caring for, or knowing of any animal afflicted with glanders or farcy, anthrax, pleuro -pneumonia or hydropho- bia, to report the fact and the whereabouts of such animal promptly to the Board of Health of this City. SALE OF DISEASED ANIMALS PROHIBITED. Section 23. No person shall buy, sell or keep, or cause to be kept within said City, any horse, mule, colt, or any other animal afflicted with glanders of farcy, anthrax, pleuro -pneumonia, or hydrophobia, and any animal so afflicted shall, after due notice from this Board, be immediately killed and buried without removing the hide from the carcass. PREMISES TO BE KEPT CLEAN. Section 24. Every person keeping, maintaining, or being in charge of any public warehouse, storehouse, cart, wagon, sleigh, or private market, dairy, stall, shop, store or vehicle, in or about which any meat, fish, oysters, birds, fowls, vegetables, fruit, milk, or other provisions are held, kept, stores or offered for sale, or other disposition, warehouse, store- house, cart, wagon, sleigh, or other vehicle in a clean, pure and wholesome condition. COOLING OF MEATS, ETC. Section 25. No meat shall be taken or exposed for sale, as food, in any public or private market within said City, until the same shall have been fully cooled after having been killed and until all the blood shall have ceased dropping therefrom and until the entrails, head (unless the same be skinned), hide, horns and feet shall have been removed, and no gut -fat or any other unwholesome or offensive matter or thing shall be brought to any such market. INFECTED PERSONS NOT TO BE BROUGHT INTO THE CITY. Section 26. No person shall bring in or aid in bringing into the City, any person sick with, or any person or thing infected with Asiatic cholera, smallpox, varioloid, diptheria, yellow fever, typhoid or typhus fever, scarlet fever, measles or any other contagious or infectious dis- ease. And no public carrier or other person shall deposit or leave within the City the dead body of any pauper or emigrant en route through the City unless death occurred after leaving the stations stopped at before reaching this City. WHO RESPONSIBLE. Section 27. Whenever any act in reference to any premises, are re- quired to be done or the doing of any acts are pro- hibited, by any of the provisions of this ordinance, it shall be the duty, both jointly and severally, of the owner, occupant, lessee or other person having control of such premises, to do such acts as are required to be done, and to prevent the doing of all acts prohibited, and to put and keep the premises in the condition required. PENALTY. Section 28. Any person who shall violate any of the foregoing provisions of this or- dinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed One Hundred ($ 100.00) Dollars or shall be imprisoned not to exceed thirty (30) days. PROCEDURE OF ABATING NUISANCES. Sec- tion 29. In addition to prosecuting any person guilty of a violation of any provision of this ordi- nance, the Board of Health shall have authority to abate any such violation in the following manner: The Board of Health shall by resolution, order such matter, thing, substance or condition, removed, repaired or abated, within the time fixed by such resolution. Such resolution shall state the name of the person owning or occupying the premises complained of, the legal description of the same, and the matter, thing, substance or condition com- plained of. A written notice, with a copy of such resolution shall be served upon the owner or oc- cupant of premises, commanding him or them to appear before the Board of Health at the time named, and show cause if any they have, why the matter complained of should not be declared a nuisance, and be removed, repaired or abated. If the owner is a non-resident of the City and has no known agent, within the City, upon whom to serve such notice, a copy of such notice and of the reso- lution shall be posted in a conspicuous place upon said premises by the Sanitary Officer and shall be published in an official paper in the City, not less than five days before the time set for the hearing. Upon the hearing, if the Board of Health shall find that the matter, thing, substance or condition complained of does exist, it may be declared a nuisance and they may order the same abated or removed within five days thereafter. Upon such order being made by the Board of Health, the Health Officer shall immediately notify, in writing, - the owner and the occupant of the premises com- plained of, which notice shall be served in the man- ner hereinbefore prescribed. If the owner or oc- cupant of said property fails to comply with said notice within the time fixed, it shall be the duty of the Sanitary Officer to proceed to remove or abate . said nuisance, or to cause the same to be removed, repaired or abated. Whenever the Board may deem immediate action necessary for the public health and safety, it may, without notice to such owner or occupant, or person having control or charge of any premises, immediately proceed to remove, repair or abate said nuisance. EXPENSES INCURRED IN ABATING NUISANCES. Section 30. The expenses incurred by the Board of Health, in repairing, removing or abating any nuisance, shall be paid by the owner of the premis- es upon which said nuisance existed, and if the same is not paid forthwith, the same shall be levied and assessed as a special tax, and shall become due and delinquent, bear the rate of interest and be sold at the time and in the manner provided by Ordinance No. 59. 1919 Revision Ordinance No. 28-29. An Ordinance Establishing a Sanitary District for the Collection and Disposal of Garbage in and' for the City of Dubuque. Section 1. That, for the collection and disposal of garbage and other such waste material as may become dangerous to the public health or detrimen- tal to the best interests of the community, there be 43 and there is hereby created and established a san- itary district in the City of Dubuque and the bound- aries thereof are hereby defined to be the entire corporate limits of such City. Passed, adopted and approved this 6th day of May, 1929. Ordinance No. 147. An Ordinance Defining Garbage, Prescribing Rules and Regulations with Reference to Garbage Re- ceptacles, and Fixing the Householder's Duties with Reference to the Same: Prohibiting Mis- cellaneous Garbage Collections without Sepcial Permit: and Providing a Penalty for the Viola- tion of the Terms Hereof and Repealing All In- consistent Provisions of Other Ordinances. Be it Ordained by the City Council of the City of Dubuque: GARBAGE DEFINED. Section 1. The term "garbage" as used herein shall mean any and all refuse from food incidental to preparation or use for human consumption. DUTIES OF HOUSEHOLDER. Section 2. The occupant of every building, premises, apartment or place where garbage does or may exist, shall provide himself with a garbage can made of sub- stantial galvanized iron or other non -rusting metal in which he shall deposit all garbage existing at the place occupied by him. Such can shall be water tight. They shall be of a size that can be conveniently handled by the garbage collector, not smaller than will contain one week's garbage for the respective family, not to exceed in holding ca- pacity more than 15 gallons, and shall be kept where they can be conveniently reached by him. Where alleys are accessible such can shall be placed close to same, and where alleys cannot be so used such can shall be placed as close to the street as may be for the convenience of the collec- tor. No garbage can shall be placed, kept of left on any street, alley or public way for any purpose whatsoever. In buildings or appartments of more than one story in height,all garbage cans shall be placed at the street level for collection. All gar- bage cans shall be kept reasonably clean. THINGS EXCLUDED FROM GARBAGE RECEP- TACLES. Section 3. It shall be unlawful for any person to place in said above mentioned vessels - or cans any ashes, tin, glass refuse, waste, or any other material whatsoever, except garbage as de- fined in this ordinance. GARBAGE PROHIBITED UPON STREETS AND OTHER PLACES. Section 4. No person shall throw, bury, burn or leave in or upon any street, court, lane, alley, public square, public enclosure, vacant lot or any pond, stream, or body of water or branch thereof within the limits of the City of Du- buque, any garbage or dead animals or waste, fish or fowls or any portion thereof except under per- mission granted by the Health Department. MISCELLANEOUS COLLECTIONS PROHIBITED. Section 5. No person or persons, except the gar- bage contractor, shall collect, handle, haul or trans- port on any of the streets, alleys, public ways or places of the City any garbage without first having procured a permit therefor from the Health Officer. The holder of such permit shall handle, haul or 44 transport garbage only in water -tight covered vehicles, so that there will be no spilling, dripping or draining of liquid matter from the garbage from such vehicles during transit. Such vehicles shall at all times be subject to the inspection and approval of the Health Officer as to condition and cleanliness. All persons securing such permits shall file with the Health Department a list of names and addresses of all occupants of property from which he desires to collect garbage, and it shall be the duty of such collector to notify the Health Officer ten (10) days prior to the discontin- uance of such collections of his intention to so dis- continue further collections. Section 6. All ordinances or parts of ordinances which are inconsistent with the terms hereof are hereby repealed. Section 7. Any person who shall violate any of the provisions of this Ordinance shall be punished by a fine of not more than $ 100.00 or be impris- oned not more than thirty (30) days in jail for each offense or by both such fine and imprisonment upon subsequent convictions. . Passed, adopted and approved upon final reading after the suspension of rules, this 10th day of f March, 1924. Ordinance No. 12-33. An Ordinance Prohibiting the Sale of Impure and Unhealthful Ice, as Herein Defined, for Domes- tic or Potable Use, or Where Such Ice Is to be Used for Cooling Beverages or Is to Come in Direct Contact with Food; and Prescribing a Penalty for Violation Hereof: Be it Ordained by the City Council of the City of Dubuque: Section 1. The term "impure and unhealthful ice," as used herein shall mean any ice which has been cut from a shallow, stagnant pond or pool or other source which is subject to excessive pollu- tion and, or from a source, the chemical or bacte- riological analysis of which shows it to be unsafe. Section 2. No person, firm or corporation shall sell to any restaurant, drug store, confectionery or to any person for domestic or potable use impure or unhealthful ice as herein defined, nor shall such ice be sold to anyone where it is to be added to beverages for cooling or is to come in direct con- tact with food. Section 3. Any person, firm or corporation who violates the provisions hereof shall be deemed guilty of a misdemeanor and upon conviction, shall be punished by a fine of not to exceed One Hundred ($ 100.00) Dollars or imprisonment not to exceed thirty (30) days in jail. Passed, adopted and approved upon final reading this 11th day of December, 1933. Ordinance No. 35. An Ordinance Requiring the Making of Connections with Sanitary Sewers and Providing for the Man- ner of Making the same by the City. Be it Ordained by the City Council of the City of Dubuque: BOARD OF HEALTH MAY ORDER CONNEC- TIONS. Section 1. That whenever it shall appear to the Board of Health that any property owner, whose property is situated within two hundred (200) feet of any public sanitary sewer, has failed, neglected or refused to make proper and necessary house connections therewith, said board may by resolution order such sewer connections to be made by such property owner, and said resolution shall state the name of the owner or owners of the property to be thus connected by sewer, with a description of the property, and fix the time in said order within which connections shall be made, and that the general regulations and specifications as to construction of such sewers are on file and may be seen in the City Engineer's office, and shall also recite that if said connections are not made by the time specified, in accordance with such regulations and specifications, that the Board of Health shall then proceed in manner as specified in Section 4 hereof and that said sewer connection shall then be ordered by the City Coun- cil and the cost thereof assessed to the specific property as provided in said Ordinance. TIME WITHIN WHICH CONNECTIONS SHALL BE MADE. Section 2. Every owner of any house, tenement, or out -building occupied or used by a person or persons, which house, tenement, or building, or any part thereof is situated within two hundred (200) feet of any public sewer, shall within thirty days from the time of receiving notice from the Board of Health to make such con- nections, as provided in Section 3 hereof, connect such house, tenement, or outbuilding with such sewer, by a proper branch sewer constructed in accordance with the requirements of the Board of Health, and to the -satisfaction and approval of the Engineer, both as to pipes and material, as well as work of constructing, and to use such sewer for all proper purposes as required by the Board of Health. NOTICE TO BE GIVEN. Section 3. A Copy of said resolution referred to in Section 1 hereof, duly attested by the Recorder, shall forthwith be served upon such property owner or owners, or his or their duly authorized agent or attorney; the service thereof shall be made by the Chief of Po- lice or Sanitary Officer, who must endorse thereon his return and file the same with the Recorder. Whenever it appears that such property owner or owners are non-residents and have no duly author- ized agent or attorney upon whom service can be made, then the Recorder shall give ten days' notice thereof by publishing same in the official papers of the City for three consecutive times and the serv- ice of a copy of said resolution as herein provided by publication, shall be deemed sufficient to require such property owner to make said sewer connec- tions. CITY MAY MAKE CONNECTIONS. Section 4. Whenever any property owner who has been duly served with notice to make such sewer connections as hereinbefore provided, shall neglect or refuse so to do in accordance with the notice in the time therein stated, then and in that case the Board of Health may order plans and specifications of the sewer connections contemplated to be made with an estimate of the cost thereof by the Engineer, which plans and specifications and estimate, to- gether with a report of the action of said Board in ordering said sewer connections, shall be sub- mitted to the Council for approval, and if approved by said Council, the Council shall by resolution, order the same to be done by contract in accord- ance with such plans and specifications, and for that purpose shall advertise in the official papers of the City for three times within a period of ten days for proposals for constructing said connec- tion of sewers; said work to be done under the supervision of the City Engineer and Committee • on Sewers, and the City of Dubuque shall have the right by its officers of employees to go upon the premises for the purpose of making such connec- tions, and upon the completion of said work and acceptance thereof by the City Council, the City Engineer shall report to the Council the cost thereof, including the cost of the estimates, no- tices, inspection and preparing the assessment and plat, and the City Council shall levy an assess- ment against the specific property of the owner thereof, in an amount equal to said costs and ex- penses in the manner hereinafter stated, and the same shall from the time said work is done be a lien upon the real estate upon which such expendi- tures are made or expenses are incurred, and such assessment may be collected as other special as- sessments and the lien enforced by civil action in any court of competent jurisdiction. MAY LEVY SPECIAL ASSESSMENT FOR COST OFCCONNECTION; Section 5. The Council shall then direct the Recorder to give ten days' notice either by three publications in the two official newspapers, or by mailing a notice to the owners of the property that the proposed assessment is to be made, stating the amount and for what cause the expense was incurred, and that objections may be made in writing and filed with the Recorder during said ten days, and the Council having con- sidered such objections, shall by resolution levy the specific assessment as hereinabove provided. 1919 Revision Ordinance No. 74. An Ordinance Relating to Violations of the Rules and Regulations of the State or Local Board of Health and Providing a Penalty Therefore. Be it Ordained by the City Council of the City of Dubuque: PENALTY FOR VIOLATION. Section 1. That any person who violates or fails to comply with any rule or regulation of the State or Local Board of Health, or who fails or neglects to comply with any special order of the Local Board of Health of the City, within the time specified in such order, after notice of the same has been given as provid- ed by the Ordinances of the City or the laws of Iowa, shall be guilty of a misdemeanor and upon conviction thereof,shall be fined in any sum not exceeding One Hundred ($100.00) Dollars, or be imprisoned not to exceed thirty (30) days. 1919 Revision Ordinance No. 27-49. An Ordinance Defining Restaurant, Itinerant Res- taurant, Employee, Utensils, Health Officer, Etc., Requiring Permits for the Operation of Such Establishments, Prohibiting the Sale of Adulterated, Unwholesome or Misbranded Food 45 it 1 or Drink, Regulating the Inspection (Grading, Regrading, and Placarding) of Such Establish- ments, the Enforcement of This Ordinance, and the Fixing of Penalties. Be it Ordained by the Board of Health (City Coun- cil) of the City of Dubuque as follows: DEFINITIONS. Section 1. The following defi- nitions shall apply in the interpretation and the en- forcement of this Ordinance: A. Restaurant. --The term "restaurant" shall mean restaurant, coffee shop, cafeteria, short order cafe, luncheonette, tavern, sandwich stand, soda fountain, and all other eating or drinking es- tablishments, as well as kitchens or other places in which food or drink is prepared for sale else- where. B. "Itinerant restaurant". --The term "itiner- ant restaurant" shall mean one operating for a temporary period in connection with a fair, carni- val, circus, public exhibition, or other similar gathering. C. Employee. --The term "employee" shall mean any person who handles food or drink during preparation or serving, or who comes in contact with any eating or cooking utensils, or who is em- ployed in a room in which food or drink is pre- pared or served. D. Utensils. --"Utensils" shall include any kitchenware, tableware, glassware, cut1ery,,,uten- sils, containers, or other equipment with which food or drink comes in contact during storage, preparation, or serving. E. Health officer. --The term "health officer" shall mean the Director of Health of the City of Dubuque or his authorized representative. F. Person: --The word "person" shall mean person, firm, corporation, or association. PERMITS. Section 2. It shall be unlawful for any person to operate a restaurant in the City of Dubuque who does not possess an unrevoked per- mit from the health officer. Such permit shall be posted in a conspicuous place. Only persons who comply with the requirements of this Ordinance shall be entitled to receive and retain such a per- mit. A person conducting an itinerant restaurant shall also be required to secure a permit. Such a permit may be temporarily suspended by the health officer upon the violation by the holder of any of the terms of this Ordinance, or revoked after an opportunity for a hearing by the health officer upon serious or repeated violation. PLACARDING OR PUBLIC DISPLAY OF GRADE NOTICE. Section 3. Every restaurant shall dis- play at all times, in a place designated by the health officer,- a notice approved by the health of- ficer, stating the grade of the establishment. EXAMINATION AND CONDEMNATION OF UN- WHOLESOME. Section 4. Samples of food, drink, and other substances may be taken and examined by the health officer as often as may be necessary for the detection of unwholesomeness or adultera- tion. The health officer may condemn and forbid the sale of, or cause to be removed or destroyed, any food or drink which is unwholesome or adulter- ated. 46 INSPECTION OF RESTAURANTS. Section 5. At least once every 6 months the health officer shall inspect every restaurant located within the City of Dubuque. In case the health officer dis- covers the violation of any item of sanitation re- quired for the grade then held, he shall make a second inspection after the lapse of such time as he deems necessary for the defect to be remedied, and the second inspection shall be used in deter- mining compliance with the grade requirements of this Ordinance. Any violation of the same item of this Ordinance on such second inspection shall call for immediate degrading or suspension of permit. One copy of the inspection report shall be post- ed by the health officer upon an inside wall of the restaurant, and said inspection report shall not be defaced or removed by any person except the health officer. Another copy of the inspection re- port shall be filed with the records of the health department. The person operating the restaurant shall upon request of the health officer permit access to all parts of the establishment and shall permit copy- ing any or all records of food purchases. THE GRADING OF RESTAURANTS. Section 6. The grading of all restaurants shall be based upon the following standards. SANITATION REQUIREMENTS FOR (GRADE A) RESTAURANTS. All grade A restaurants shall comply with all of the following items of sanitation. ITEM 1. FLOORS. The floors of all rooms in which food or drink is stored, prepared, or served, or in which uten- sils are washed shall be of such construction as to be easily cleaned, shall be smooth, and shall be kept clean and in good repair. ITEM 2. WALLS AND CEILINGS. Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is stored or pre- pared shall be finished in light color. The walls of all rooms in which food or drink is prepared or utensils are washed shall have a smooth washable surface up to the level reached by splash or spray. ITEM 3. DOORS AND WINDOWS. When flies are prevalent, all openings into the outer air shall be self-closing, unless other ef- fective means are provided to prevent the entrance of flies. - ITEM 4. LIGHTING. All rooms in which food or drink is stored or prepared or in which utensils are washed shall be well lighted. ITEM 5. VENTILATION. All rooms in which food or drink is stored, pre- pared, or served, or in which utensils are washed, shall be well ventilated. ITEM 6. TOILET FACILITIES. Every restaurant shall be provided with ade- quate and conveniently located toilet facilities for its employees conforming with the Ordinances of the City of Dubuque. In restaurants hereafter constructed toilet rooms shall not open directly into any room in which food, drink, or utensils are handled or stored. The doors of all toilet rooms shall be self-closing. Toilet rooms shall be kept in a clean condition, in good repair, and well light- ed and ventilated. Hand -washing signs shall be posted in each toilet room used by employees. In case privies or earth closets are permitted and used, they shall be separate from the restaurant building, and shall be of a sanitary type construct- ed and operated in conformity with the standards of the State Board of Health. A booth open at the top or bottom shall not qual- ify as a toilet room. Privies shall be constructed and operated in ac- cordance with the standards of the State Board of Health. ITEM 7. WATER SUPPLY. Running water under pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed, and the water supply shall be adequate, and of a safe, sanitary quality. ITEM 8. LAVATORY FACILITIES. Adequate and convenient hand -washing facilities shall be provided including hot and cold running water, soap, and approved sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without first washing his hands. ITEM 9. CONSTRUCTION OF UTENSILS AND EQUIPMENT. All multi -use utensils and all show and display cases or windows, counters, shelves, tables, re- frigerating equipment, sinks and other equipment or utensils used in connection with the operation of a restaurant shall be so constructed as to be easily cleaned and shall be kept in good repair. Utensils containing or plated with cadmium or lead shall not be used: Provided, that solder con- taining lead may be used for jointing. ITEM 10. CLEANING AND BACTERICIDAL TREATMENT OF UTENSILS AND EQUIPMENT. All equipment, including display cases or win- dows, counters, shelves, tables, refrigerators, stoves, hoods and sinks, shall be kept clean and free from dust, dirt, insects, and other contamin- ating material. All cloths used by waiters, chefs, and other employees shall be clean. Single -serv- ice containers shall be used only once. All multi -use eating and drinking utensils shall be thoroughly cleaned and effectively subjected to an approved bactericidal process after each usage. All multi use utensils used in the preparation or serving of food and drink shall be thoroughly cleaned and effectively subjected to an approved bactericidal process immediately following the days operation. Drying cloths, if used, shall be clean and shall be used for no other purpose. No article, polish, or other substance contain- ing any cyanide preparation or other poisonous material shall be used for the cleaning or polish- ing of utensils. ITEM 11. STORAGE AND HANDLING OF UTENSILS AND EQUIPMENT. After bactericidal treatment utensils shall be stored in a clean, dry place protected from flies, dust, and other contamination, and shall be handled in such a manner as to prevent contamination as far as practicable. Single -service utensils shall be purchased -only in sanitary containers, shall be stored therein in a clean, dry place until used, and shall be handled in a sanitary manner. ITEM 12. DISPOSAL OF WASTES. All wastes shall be properly disposed of, and all garbage and trash shall be kept in suitable re- ceptacles, in such manner as not to become a nui- sance. ITEM 13. REFRIGERATION. All readily perishable food and drink shall be kept at or below 50 degrees F. except when being prepared or served. Waste water from refrigera- tion equipment shall be properly disposed of. ITEM 14. WHOLESOMENESS OF FOOD AND DRINK. All food and drink shall be clean, wholesome, free from spoilage, and so prepared as to be safe for human consumption. All milk, fluid milk prod- ucts, ice cream, and other frozen desserts served shall be from approved sources. Milk and fluid milk products shall be served in the individual original containers in which they were received from the distributor or from a bulk container egilipped with an approved dispensing device: Pro- vided, that this requirement shall not apply to cream, which may be served from the original bottle or from a dispenser approved for such serv- ice. All oysters, clams, and mussels shall be from approved sources, and if shucked shall be kept until used in the containers in which they were placed at the shucking plant. ITEM 15. STORAGE, DISPLAY, AND SERVING OF FOOD AND DRINK. All food and drink shall be so stored, displayed, and served as to be protected from dust, flies, vermin, depredation and pollution by rodents, un- necessary handling, droplet infection, overhead leakage, and other contamination. No animals or fowls shall be kept or allowed in any room in which food or drink is prepared or stored. All 47 means necessary for the elimination of flies, roaches, and rodents shall be used. ITEM 16. CLEANLINESS OF EMPLOYEES. All employees shall wear clean outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils, or equip- ment. Employees shall not expectorate or use to- bacco in any form in rooms in which food is pre- pared. ITEM 17. MISCELLANEOUS. The premises of all restaurants shall be kept clean and free of litter or rubbish. None of the operations connected with a restaurant shall be conducted in any room used as living or sleeping quarters. Adequate lockers or dressing rooms shall be provided for employees' clothing and shall be kept clean. Soiled linens, coats, and aprons shall be kept in containers provided for this purpose. GRADE B RESTAURANTS. Grade B restaurants are those which fail to comply with item 1, 2, 4, 5, or 17, but which con- form with all other items of sanitation required for grade A restaurants. GRADE C RESTAURANTS Grade C restaurants are those which fail to comply with either the grade A or the grade B re- quirements. ITINERANT RESTAURANTS Itinerant restaurants shall be constructed and operated in an approved manner. The health officer should approve an itinerant restaurant only if it complies with the following sanitation requirements: It shall be located in clean surroundings and kept in a clean and sanitary condition. It shall be so constructed and arranged that food, drink, uten- sils and equipment will not be exposed to insects or to dust or other contamination. Only food and drink which is clean, wholesome, and free from adulteration shall be sold or served. An adequate supply of water of safe, sanitary quality shall be easily available and used for drinking and for cleaning utensils and equipment. If multiuse uten- sils are used in the serving of food or drink, they shall be thoroughly washed with hot water and a satisfactory detergent and effectively subjected to an approved bactericidal process after each use and so handled and kept as to be protected from contamination. Adequate provision shall be made for refrigeration of perishable food and drink. Ice used in or with food or drink shall be from a source approved by the health officer and so handled as to avoid contamination. Garbage and refuse shall be kept in tightly covered, watertight containers until removed and shall be disposed of in a place and manner ap- proved by the health officer. Dishwater and other liquid wastes shall be so disposed of as not to create a nuisance. 48 No person suffering from any disease transmis- sible by contact or through food or drink or who is a carrier of the germs of such a disease shall be employed in any capabity. Adequate and satisfac- tory toilet and hand -washing facilities shall be readily accessible to employees. No person en- gaged in the handling or serving of food or drink shall return to his work, after using the toilet, without first thoroughly washing his hands. Upon failure of any person maintaining or oper- ating an itinerant restaurant, after warning, to comply with any of these requirements, it shall be the duty of the health officer summarily to forbid the further sale or serving of food or drink there- in. Any person continuing to sell or serve food or drink in such a restaurant after being so forbidden, shall be subject to the penalties provided for vio- lation of this ordinance. GRADE OF RESTAURANT WHICH MAY OPER- ATE. Section 7. From and after 1-2 months from the date on which this ordinance takes effect no restaurant shall be operated within the City of Du- buque or its ,police jurisdiction, unless it conforms with the grade A or grade B or approved itinerant restaurant requirements of this ordinance: Pro- vided, That when any restaurant fails to qualify for any of these grades the health officer is authorized - to suspend the permit or in lieu thereof to degrade the restaurant and permit its operation during a temporary period not exceeding 30 days.. REINSTATEMENT OF PERMIT; SUPPLEMEN- TARY REGRADING. Section 8. Any restaurant, the grade of which has been lowered and all grade displays have been changed accordingly, or the permit of which has been suspended, may at any time make application for regrading or the rein- statement of the permit. Withinone week after the receipt of a satisfac- tory application, accompanied by a statement signed by the applicant to the effect that the violated pro- vision or provisions of this ordinance have been conformed with, the health officer shall make a reinspection, and thereafter as many additional reinspections as he may deem necessary to assure himself that the applicant is again complying with the higher grade requirements, and, in case the findings indicate compliance, shall award the higher grade or reinstate the permit. DISEASE CONTROL. Section 9. No person who is affected with any disease in a communicable form or is a carrier of such disease shall work in any restaurant and no restaurant shall employ any such person or any person suspected of being af- fected with and disease in a communicable form or of being a carrier of such disease. If the restau- rant manager suspects that any employee has con- tracted any disease in a communicable form or has become a carrier of such disease he• shall notify the health officer immediately. A placard contain- ing this section shall be posted in all toilet rooms. PROCEDURE WHEN INFECTION SUSPECTED. Section 10. When suspicion arises as to the pos- sibility of transmission of infection from any res- taurant employee the health officer is authorized to require any or all of the following measures: (1) the immediate exclusion of the employee from all restaurants; (2) the immediate closing of the restaurant concerned until no further danger of disease outbreak exists, in the opinion of the health officer; (3) adequate medical examinations of the employee and of his associates, with such laboratory examinations as may be indicated. ENFORCEMENT INTERPRETATION. Section 11. This ordinance shall be enforced by the health officer in accordance with the interpretations thereof contained in the 1943 edition of the U. S. Public Health Service Code Regulating Eating and Drinking Establishments, a certified copy of which shall be on file at the City Clerk's office. PENALTIES. Section 12. Any person who shall violate any provision of this ordinance shall be fined not more than $ 100.00 and in default of pay- ment thereof by imprisonment not to exceed 30 days. Each and every violation of the provisions of this ordinance shall constitute a separate of- fense. REPEAL AND DATE OF EFFECT. Section 13. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed, and this ordinance shall be in full force and effect immedi- ately upon its adoption and its publication as pro- vided by law. UNCONSTITUTIONALITY CLAUSE. Section 14. Should any section, paragraph, sentence, clause, or phrase of this ordinance be declared unconsti- tutional or invalid for any reason, the remainder of said ordinance shall not be affected thereby. Passed, adopted and approved upon final reading this 18th day of July, 1949. Ordinance No. 7-41. An Ordinance Defining "Milk" and Certain "Milk Products," "Milk Producer," "Pasteurization," Etc., Prohibiting the Sale of Adulterated and Misbranded Milk and Milk Products, Requiring Permits for the Sale of Milk and Milk Products, Regulating the Inspection of Dairy Farms and Milk Plants, the Examination, Grading, Labeling, Placarding, Pasteurization, Regrading, Distri- bution, and Sale of Milk and Milk Products, Pro- viding for the Publishing of Milk Grades, the Construction of Future Dairies and Milk Plants, the Enforcement of This Ordinance, and the Fix- ing of Penalties. Be it Ordained by the City Council of the City of Dubuque as follows: DEFINITIONS. Section 1. The following defini- tions shall apply in the interpretation and the en- forcement of this ordinance: A. Milk and cereal milk. --Milk is hereby de- fined to be the lacteal secretion obtained by the complete milking of one or more healthy cows, excluding that obtained with 15 days before the 5 days after calving, or such longer period as may be necessary to render the milk practically colos- trum free; which contains not less than 8 per cent of milk solids not fat, and not less than 3,1/4 per cent of milk fat. Cereal milk is a mixture of milk and cream, and contains not less than 9 per cent milk fat. B. Milk fat or butter fat. --Milk fat or butter fat is the fat of milk. C. Cream, whipping cream and sour cream. -- Cream is a portion of miik which contains not less than 18 per cent milk fat. Sour cream is cream the acidity of which is more than 0.20 per cent, expressed as lactic acid. Whipping cream is a - portion of milk which contains not less than 30 per cent milk fats. D. Skimmed milk. --Skimmed milk is milk from which a sufficient portion of milk fat has been re- moved to reduce its milk fat percentage to less than 3,1/4 per cent. E. Milk or skimmed milk beverage. --A milk beverage or a skimmed milk beverage is a food compound or confection consisting of milk or skimmed milk, as the case may be, to which has been added a syrup or flavor consisting of whole- some ingredients. F. Buttermilk. --Buttermilk is a product re- sulting from the churning of milk or cream, or from the souring or treatment by a lactic acid or other culture of milk, skimmed milk, reconstituted skimmed milk, evaporated or condensed milk or skimmed milk, or milk or skimmed milk powder. It contains not less than 8 per cent of milk solids not fat. G. Vitamin D milk. --Vitamin D milk is milk the vitamin D content of which has been increased by a method and in an amount approved by the health officer. H. Reconstituted or recombined milk and cream. --Reconstituted or recombined milk is a product resulting from the recombining of milk constituents with water, and which complies with the standards for milk fat and solids not fat of milk as defined herein. Reconstituted or recom- bined cream is a product resulting from the com- bination of dried cream, butter or butter fat with cream, milk, skimmed milk, or water. I . Goat milk. --Goat milk is the lacteal secre- tion, free from colostrum obtained by the complete milking of healthy goats, and shall comply with all the requirements of this ordinance, The word "cows" shall be interpreted to include goats. J. Homogenized milk. --Homogenized milk is milk which has been treated in such manner as to insure breakup of the fat globules to such an ex- tent that after 48 hours storage no visible cream separation occurs on the milk and fat percentage of the top 100cc. of milk in a quart bottle, or of proportionate volumes in containers of other sizes, does not differ by more than 5 per cent of itself from the fat percentage of the remaining milk as determined after thorough mixing. K. Milk products. --Milk products shall be taken to mean and include cream, sour cream, homogen- ized milk, goat milk, vitamin D milk, buttermilk, skimmed milk, reconstituted or recombined milk and cream, milk beverages, skimmed milk bever- ages, and any other product made by the addition of any substance to milk or any of these products and used for similar purposes and designated as a milk product by the health officer. L. Pasteurization. --The terms "Pasteuriza- tion," "pasteurized," and similar terms shall be taken to refer to the process •of heating every par- ticle of milk or milk products to at least 143 de- grees F., and holding at such temperature for at least 30 minutes, or to at least 160 degrees F., and holding at such temperature for at least 15 49 seconds, in approved and properly operated equip- ment; Provided, that nothing contained in this def- inition shall be construed as disbarring any other process which has been demonstrated to be equally efficient and is approved by the State health au- thority. M. Adulterated milk and milk products.- -Any milk or milk product which contains any unwhole- some substance, or which if defined in this ordi- nance does not conform with its definition, or which carries a grade label unless such grade la- bel has been awarded by the health officer and not revoked, shall be deemed adulterated and mis- branded. N. Milk producer. --A milk producer is any person who owns or controls one or more cows, a part or all of the milk or milk products from which is sold or offered for sale. O. Milk distributor. --A milk distributor is any person who offers for sale or sells to another any milk or milk products for human consumption as such. P. Dairy or dairy farm. --A dairy or dairy farm is any place or premises where one or more cows are kept, a part or all of the milk or milk products from which is sold or offered for sale. Q. Milk plant. --A milk plant is any place or premises or establishment where milk or milk products are collected, handled, processed, stored, bottled, pasteurized, or prepared for distribution. R. Health officer. --The term "health officer" shall mean the health authority of the City of Du- buque, or his authorized representative. S . Average bacterial plate count, direct micro- scopic count, reduction time, and cooling tempera- ture. --Average bacterial plate count and average direct microscopic count shall be taken to mean the logarithmic average, and average reduction time and average cooling temperature shall be taken to mean the arithmetic average, of the respective results of.the last four consecutive samples, taken upon separate days, irrespective of the date of grading or regrading. T. Grading period. --The grading period shall be such period of time as the health officer may designate within which grades shall be determined for all milk and milk products, provided that the grading period shall in no case exceed 6 months. U. Person. --The word "person" as used in the ordinance shall mean "person, firm, corporation, or association." V. And or.-- Where the term "and/or" is used "and" shall apply where possible, otherwise "or" shall apply. THE SALE OF ADULTERATED, MISBRANDED, OR UNGRADED MILK OR MILK PRODUCTS PRO- HIBITED. Section 2. No person shall within the City of Dubuque, produce, sell, offer, or expose for sale, or have in possession with intent to sell, any milk or milk product which is adulterated, mis- branded, or ungraded. It shall be unlawful for any person, elsewhere than in a private home, to have in possession and adulterated, misbranded, or un- graded milk or milk product. PERMITS. Section 3. It shall be unlawful for any person to bring into or receive into the City of 50 Dubuque, for sale, or to sell, or offer for sale therein, or to have in storage where milk or milk products are sold or served, any milk or milk products defined in this ordinance, who does not possess a permit from the City Manager of the City of Dubuque. Any and all persons who receive a permit here- in must comply with all provisions of this ordi- nance. Any permit may be suspended by the City Man- ager for good cause. Upon hearing, the City Man- ager may revoke any permit issued where it is shown that the holder of the permit has violated any of the terms of this ordinance. The time and place of hearing shall be fixed by the City Manager and the permit holder given notice of such hearing before the time fixed therefor. LABELING AND PLACARDING. Section 4. All bottles, cans, packages, and other containers en- closing milk or any milk product defined in this ordinance shall be plainly labeled or marked with (1) the name of the contents as given in the defini- tions in this ordinance; (2) the grade of the con- tents; (3) the word "pasteurized" only if the con- tents have been pasteurized; (4) the word "raw" only if the contents are raw; (5) the phrase "for pasteurization" if the contents are to be pasteur- ized; (6) the name of the producer if the contents are raw, and the name of the plant at which the contents were pasteurized, if the contents are pas- teurized; and (7) in the case of vitamin D milk, the designation "Vitamin D Milk" and the source of the vitamin D. The label or mark shall be in the letters of a size, kind, and color approved by the health officer and shall contain no marks or words which are misleading. Every restaurant, cafe, soda fountain, or other establishment serving milk or milk products shall display at all times, in a place designated by the health officer, a notice approved by the health of- ficer, stating the lowest grade of milk and/or milk products served. INSPECTION OF DAIRY FARMS AND MILK PLANTS FOR THE PURPOSE OF GRADING OR RE- GRADING. Section 5. At least once during each grading period the health officer shall inspect all dairy farms and all milk plants whose milk or milk products are intended for consumption within the City of Dubuque. In case the health officer dis- covers the violation of any item of sanitation, he shall make a second inspection after a lapse of such time as he deems necessary for the defect to be remedied, but not before the lapse of three days; and the second inspection shall be used in deter- mining the grade of milk and/or milk products. Any violation of the same item of this ordinance on two consecutive inspections shall call for immedi- ate degrading. One copy of the inspection report shall be post- ed by. the health officer in a conspicuous place upon an inside wall of one of the dairy farm or milk plant buildings, and said inspection report shall not be defaced or removed by any person except the health officer. Another copy of the inspection re- port shall be filed with the records of the health department. THE EXAMINATION OF MILK AND MILK PROD- UCTS. Section 6. During each grading period at leas four samples of milk and cream from each dairy farm and each milk plant shall be taken on separate days and examined by the health officer Samples of other milk products may be taken and examined by the health officer as often as he deems necessary. Samples of milk and milk prod- ucts from stores, cafes, soda fountains, restau- rants, and other places where milk or milk prod- ucts are sold shall be examined as often as the health officer may require. Bacterial plate counts and direct microscopic counts shall be made in conformity with the latest standard methods rec- ommended by the American Public Health Associa- tion. Examinations may include such other chemi- cal and other physical determinations as the health officer may deem necessary for the detection of adulteration, these examinations to be made in ac- cordance with the latest standard methods of the American Public Health Association and the As- sociation of Official Agricultural Chemists. Sam- ples may be taken by the health officer at any time prior to the final delivery of the milk or milk prod- ucts. All proprietors of stores, cafes, restaurants, soda fountains, and other similar places shall fur- nish the health officer, upon his requrest, with the names of all distributors from whom their milk and milk products are obtained. Bio-asseys of the Vi- tamin D milk shall be made when required by the health officer in a laboratory approved by him for such examinations. Whenever the average bacterial count, the aver- age reduction time, or the average cooling temper- ature falls beyond the limit for the grade then held, the health officer shall send written notice thereof to the person concerned, and shall take an addition- al sample, but not before the lapse of three days, for determining a new average in accordance with Section 1 (S). Violation of the grade requirement by the new average or by any subsequent average during the remainder of the current grading period shall call for immediate degrading or suspension of the permit, unless the last individual result is within the grade limit. THE GRADING OF MILK AND MILK PRODUCTS. Section 7. At least once every six months the health officer shall announce the grades of all milk and milk products delivered by all producers or distributors and ultimately consumed within the City of Dubuque. Said grade shall be based upon the following standards, the grading of milk prod- ucts being indentical with the grading of milk ex- cept that the bacterial standards shell be doubled in the case of cream, and omitted in the case of sour cream and buttermilk. Vitamin D milk shall be only a Grade A pasteurized, certified, or grade A raw quality. Certified milk -raw.- -Certified milk -raw is raw milk which conforms with the requirements of the American Association of Medical Milk Commis- sions in force at the time of production and is pro- duced under the supervision of a medical milk com- mission and of the State Board of Health or of the City health officer of Dubuque. Grade A raw milk. --Grade A raw milk is raw milk the average bacterial plate count of which as determined under Sections 1 (S) and 6 of this ordi- nance does not exceed 50,000 per cubic centimeter, or the average direct microscopic count of which does not exceed 50,000 per cubic centimeter if clumps are counted or 200,000 per cubic centimeter if individual organisms are counted, or the average reduction time of which is not less than eight hours: Provided, that if it is to be pasteurized the corresponding limits shall be 200,000 per cubic centimeter, 200,000 per cubic centimeter, 800,000 per cubic centimeter, and 6 hours, respec- tively; and which is produced upon dairy farms conforming with all of the following items of sani- tation: Item lr. Cows, tuberculosis and other diseas- es. --Except as provided hereinafter, a tuberculin test of all herds and additions thereto shall be made before any milk therefrom is sold, and at least once every 12 months thereafter, by a li- censed veterinarian approved by the State Live- stock Sanitary Authority. Said tests shall be made and reactors disposed of in accordance with the requirements approved by the United States Depart- ment of Agriculture, Bureau of Animal Industry, for accredited herds. A certificate signed by the veterinarian or attested to by the health officer and filed with the health officer shall be evidence of the above test: Provided, that in modified ac- credited counties in which the modified accredited area plan is applied to the dairy herds the modified accredited area system approved by the United States Bureau of Animal Industry shall be accepted in lieu of annual testing. Within two years after the adoption of this ordi- nance all milk and milk products consumed raw shall be from herds or additions thereto which have been found free from Bang's disease, as shown by blood serum tests for agglutinins against Brucella abortus made in a laboratory approved by the health officer. All such herds shall be retested at least every 12 months and all reactors removed from the herd. A certificate indentifying each ani- mal by number and signed by the laboratory making the test, shall be evidence of the above test. Cows which show an extensive or entire indura- tion of one or more quarters of the udder upon physical examination, whether secreting abnormal milk, or not, shall be permanently excluded from the milking herd. Cows giving bloody, stringy, or otherwise abnormal milk, bait with only slight in- duration of the udder, shall be excluded from the herd until re-examination shows that the milk has become normal. For other diseases such tests and examinations as the health officer may require shall be made at intervals and by methods prescribed by him, and any diseased animals or reactors shall be disposed of as he may require. Item Zr. Dairy barn, lighting. --A dairy or milk- ing barn shall be required and in such sections thereof where cows are milked windows shall be provided and kept clean and so arranged as to in- sure adequate light properly distributed, and when necessary shall be provided with adequate supple- mentary artificial light. Item 3r. Dairy barn, air space and ventilation. --Such sections of all dairy barns where cows are kept or milked shall be well ventilated and shall be so arranged as to avoid overcrowding. Item 4r. Dairy barn, floors. --The floors and gutters of such parts of all dairy barns in which cows are milked shall be constructed of contrete or other approved impervious and easily cleaned 51 material, provided that if the milk is to be pasteur- ized tight wood may be used, shall be graded to drain properly, and shall be kept clean and in good repair. No horses, pigs, fowl, calves, etc. shall be permitted in parts of the barn used for milking. Item 5r. Dairy barn, walls and ceilings. --The ' walls and ceilings of all dairy barns shall be white- washed once each year or painted once every 2 years, or oftener, if necessary, or finished in an approved manner, and shall be kept clean and in good repair. In case there is a second story above that part of the barn in which cows are milked, the ceiling shall be tight. If the feed room adjoins the milking space, it shall be separated therefrom by a dust -tight partition and door. No feed shall be stored in the milking portion of the barn. Item 6r. Dairy barn, cowyard.--All cowyards shall be graded and drained as well as practicable and kept clean. Item 7r. Manure disposal. --All manure shall be removed and stored or disposed of in such man- ner as best to prevent the breeding of flies therein or the access of cows to piles thereof. Item 8r. Milk house or room, construction. -- There shall be provided a milk house or milk room in which the cooling, handling, and storing of milk and milk products and the washing, bactericidal treatment, and storing of milk containers• and uten- sils shall be done. (a) The milk house or room shall be provided with a tight floor constructed of concrete or other impervious material, in good repair, and graded to provide proper drainage. (b) It shall have walls and ceilings of such con- struction as to permit easy cleaning, and shall be well painted or finished in an approved manner. (c) It shall be well lighted and ventilated. (d) It shall have all openings effectively screened, in - eluding outward -opening, self-closing doors, unless other effective means are provided to prevent the entrance of flies. (e) It shall be used for no other purpose than those specified above except as may be approved by the health officer; shall not open directly into a stable or into any room used for domestic purposes; shall, unless the milk is to be pasteurized, have water piped into it; shall be pro- vided with adequate facilities for the heating of water for the cleaning of utensils; shall be equipped with two-compartment stationary wash and rinse vats, except that in the case of retail raw milk, if chlorine is employed as the principal bactericidal treatment, the three -compartment type must be used; and shall, unless the milk is to be pasteur- ized, be partitioned to separate the handling of milk and the storage of cleansed utensils from the cleaning and other operations, which shall be so located and conducted as to prevent any contamina- tion of the milk or of cleaned equipment. Item 9r. Milk house or room, cleanliness and flies. --The floors, walls, ceilings, and equipment of the milk house or room shall be kept clean at all times. All means necessary for the elimination of flies shall be used. Item 10r. Toilet. --Every dairy farm shall be provided with one or more sanitary toilets conven- iently located and properly constructed, operated, and maintained, so that the waste is inaccessible to flies and does not pollute the surface soil or con- taminate any water supply. 52 Item 11r. Water supply. --The water supply for the milk room and dairy barn shall be properly located, constructed, and operated, and shall be easily accessible, adequate, and of a safe sanitary quality. Item 12r. Utensils, construction. --All multi- use containers or other utensils used in the han- dling, storage, or transportation of milk or milk products must be made of smooth nonabsorbent material and of such construction as to be easily cleaned, and must be in good repair. Joints and seams shall be soldered flush. Woven wire cloth shall not be used for straining milk. All milk pails shall be of a small mouth design approved by the health officer. The manufacture, packing, trans- portation, and handling of single -service containers and container caps and covers shall be conducted in a sanitary manner. Item 13r. Utensils, cleaning. --All multi -use containers, equipment, and other utensils used in the handling, storage, or transportation of milk and milk products must be thoroughly cleaned after each usage. Item 14r. Utensils. Bactericidal Treatment. -- All multi -used containers, equipment, and other utensils used in the handling, storage or transpor- tation of milk or milk products shall between each usage be subjected to an approved bactericidal process with steam, hot water, chlorine, or hot air. Item 15r. Utensils, storage. --All containers and other utensils used in the handling, storage, or transportation of milk or milk products shall be stored so as not to become contaminated before being used. Item 16r. Utensils, handling. --After bactericidal treatment no container or other milk or milk prod- uct utensil shall be handled in such manner as to permit any part of any person or his clothing to come in contact with any surface with which milk or milk products come in contact. Item 17r. Milking, udders and teats, abnormal milk. --The udders and teats of all milking cows shall be cleaned and rinsed with a bactericidal solution. at the time• -of milking. Abnormal milk shall be kept out of the milk supply and shall be so handled and disposed of as to preclude the infection of the cows and the contamination of milk utensils. Item 18r. Milking, flanks. --The flanks, bellies, and tails of all milking cows shall be free from visible dirt at the time of milking. Item 19r. Milkers' hands. --Milkers' hands\ shall be clean, rinsed with a bactericidal solution, and dried with a clean towel immediately before milk- ing and following any interruption in the milking operation. Wet -hand milking is prohibited. - Con- venient facilities shall be provided for the wash- ing of milkers' hands. Item 20r. Clean clothing.- -Milkers and milk handlers shall wear clean outer garments while milking or handling milk, milk products, containers, utensils, or equipment. Item 21r. Milk stools. --Milk stools shall be kept clean. Item 22r. Removal of milk. --Each pail of milk shall be removed immediately to the milk house or straining room. No milk shall be strained or poured in the dairy barn. Item 231. Cooling. --Milk must be cooled im- mediately after completion of milking to 50 degrees F. or less, and maintained at that average tempera- ture, as defined in section 1 (S), until delivery. If milk is delivered to a milk plant or receiving sta- tion for pasteurization or separation, it must be delivered within 2 hours after completion of milk- ing or cooled to 70 degrees F., or less and main- tained at that average temperature until delivered. Item 24r. Bottling and capping. --Milk and milk products shall be bottled from a container with a readily cleanable valve, or by means of an ap- proved bottling machine. Bottles shall be capped by machine., Caps or cap stock shall be purchased in sanitary containers and kept therein in a clean dry placeuntilused. Item 25r. Personnel, health. --The health officer or a physician authorized by him shall examine and take a careful morbidity history of every person connected with a retail raw dairy, or about to be employed, whose work brings him in contact with the production, handling, storage, or transportation of milk, milk products, containers, or equipment. If such examination or history suggests that such person may be a carrier of or infected with the organisms of typhoid or paratyphoid fever or any other communicable diseases likely to be trans- mitted through milk, he shall secure appropriate specimens of body discharges and cause them to be examined in a laboratory approved by him or by the State Health authorities for such examinations, and if the results justify such person shall be barred from such employment. Such persons shall furnish such information, subject to such physical examinations, and submit such laboratory specimens as the health officer may require for the purpose of determining free- dom from infection. Item 26r. Miscellaneous. --All vehicles used for the transportation of milk or milk products shall be so constructed and operated as to protect their contents from the sun and from contamina- tion. All vehicles used for the transportation of milk or milk products in their final delivery con- tainers shall be constructed with permanent tops and with permanent or roll -down sides and back, provided that openings of the size necessary to pass the delivery man may be permitted in the sides or back for loading and unloading purposes. All vehicles shall be kept clean, and no substance capable of contaminating milk or milk products shall be transported with milk or milk products in such manner as to permit contamination. All vehicles used for the distribution of milk or milk products shall have the name of the distributor prominently displayed. The immediate surroundings of the dairy shall be kept in a neat, clean condition. Grade B raw milk. --Grade B raw milk is raw milk which violates the bacterial standard and/or the abortion testing requirement for grade A raw milk, but which conforms with all other require- ments for grade A raw milk, and has an average bacterial plate count not exceeding 1,000,000 per cubic centimeter or an average direct microscopic count not exceeding 1,000,000 per cubic centimeter if clumps are counted or 4,000,000,per cubic centi- meter if individual organisms are counted, or an average reduction time of not less than 3,1/2 hours, as determined under sections 1 (5) and 6. Grade C Raw milk. --Grade C raw milk is raw milk which violates any of the requirements for grade B milk. Certified milk -pasteurized. --Certified milk - pasteurized certified milk -raw which has been pasteurized, cooled, and bottled in a milk plant conforming with the requirements for grade A pas- teurized milk. Grade A pasteurized milk. --Grade A pasteur- ized milk is grade A raw milk, with such exceptions as are indicated if the milk is to be pasteurized, which has been pasteurized, cooled, and bottled in a milk plant conforming with all of the following items of sanitation and the average bacterial plate count of which at no time after pasteuriza- tion and until delivery exceeds 30,000 per cubic centimeter, as determined under sections 1 (5) and 6. The grading of a pasteurized milk supply shall include the inspection of receiving and collecting stations with respect to items 1p to 15p inclusive, and 17p, 19p, 22p, and 23p, except that the partition- ing requirement of item 5p shall not apply. Item 1p. Floors. --The floors of all rooms in which milk or milk products are handled or stored or in which milk utensils are washed shall be con- structed of concrete or other equally impervious and easily cleaned material and shall be smooth, properly drained, provided with trapped drains, and kept clean. Item 2p. Walls and ceilings. --Walls and ceilings of rooms in which milk or milk products are han- dled or stored or in which milk utensils are washed shall have a smooth, washable, light-colored sur- face and shall be kept clean. Item 3p. Doors and windows.- -Unless other ef- fective means are provided to prevent the access of flies, all openings into the outer air shall be ef- fectively screened and doors shall be self-closing. Item 4p. Lighting and ventilation. --All rooms shall be well lighted and ventilated. Item 5p. Miscellaneous protection from con- tamination. --The various milk plant operations shall be so located and conducted as to prevent any contamination of the milk or of the cleaned equip- ment. All means necessary for the elimination of flies shall be used. There shall be separate rooms for (a) the pasteurizing, processing, cooling, and bottling operations, and (b) the washing and bacte- ricidal treatment of containers. Cans of raw milk shall not be unloaded directly into the pasteurizing room. Pasteurized milk or milk products shall not be permitted to come in contact with equipment with which unpasteurized milk or milk products have been in contact, unless such equipment has first been thoroughly cleaned and subjected to bacteri- cidal treatment. Rooms in which milk, milk prod- ucts, cleaned utensils, or containers are handled or stored shall not open directly into any stable or living quarters. The pasteurization plant shall be used for no other purposes than the processing of milk and milk products and the operations inci- dent thereto, except as may be approved by the health officer. 53 { Item 6p. Toilet facilities. --Every milk plant shall be provided with toilet facilities conforming with the ordinances of the City of Dubuque. Toilet rooms shall not open directly into any room in which milk, milk products, equipment, or contain- ers are handled or stored. The doors of all toilet rooms shall be self-closing. Toilet rooms shall be kept in a clean condition, in good repair and well ventilated. In case privies or earth closets are permitted and used they shall be separate from the building, and shall be of a sanitary type constructed and operated in conformity with the requirements of item l0r, grade A raw milk. Item 7p. Water supply.-- The water supply shall be easily accessible, adequate, and of a safe, sanitary quality. Item 8p. Hand washing facilities. --Convenient hand -washing facilities shall be provided, includ- ing warm running water, soap, and approved sani- tary towels. The use of a common towel is pro- hibited. Item 9p. Sanitary piping. --All piping used to conduct milk or milk products shall be "sanitary milk piping" of a type which can be easily cleaned with a -brush. Pasteurized milk and milk products shall be conducted from one piece of equipment to another only through sanitary milk piping. Item 10p. Construction and repair of containers and equipment. --All multi -use containers and equip- ment with which milk or milk products come in contact shall be constructed in such manner as to be easily cleaned and shall be kept in good repair. The manufacture, packing, transportation, and han- dling of single -service containers and container caps and covers shall be conducted in a sanitary manner. Item llp. Disposal of wastes. --All wastes shall be properly disposed of. Item 12p. Cleaning and bactericidal treatment of containers and equipment. All milk and milk products' containers and equipment, except single - service containers, shall be thoroughly cleaned after each usage. All containers shall be subjected to an approved bactericidal process after each cleaning and all equipment immediately before each usage. When empty and before being returned to a producer by a milk plant each container shall be effectively cleaned and subjected to a bactericidal treatment. Item 13p. Storage of containers and equipment. --After bactericidal treatment all bottles, cans, and other multi -use milk or milk products con- tainers and equipment shall be stored in such man- ner as to be protected from contamination. Item 14p. Handling of containers and equip- ment. --Between bactericidal treatment and usage, and during usage, containers and equipment shall not be handled or operated in such manner as to permit contamination of the milk. Item 15p. Storage of caps, parchment paper, and single -service containers. --Milk bottles caps or cap stock, parchment paper for milk cans, and single -service containers shall be purchased and stored only in sanitary tubes and cartons, respec- tively, and shall be kept therein in a clean dry place. 54 Item 16p. Pasteurization. --Pasteurization shall be performed as described in section 1 (L) of this ordinance. Item 17p. Cooling. --All milk and milk prod- ucts received for pasteurization shall immediately be cooled in approved equipment to 50 degrees F. or less and maintained at that temperature until pasteurized, unless they are to be pasteurized within 2 hours after receipt; and all pasteurized milk and milk products shall be immediately cooled in approved equipment to an average tem- perature of 50 degrees F. or less, as defined in section 1 (5), and maintained thereat until delivery. Item 18p. Bottling. --Bottling of milk and milk products shall be done at the place of pasteuriza- tion in approved mechanical equipment. Item 19p. Overflow milk. --Overflow milk or milk products shall not be sold for human con- sumption. Item 20p. Capping. --Capping of milk and milk products shall be done by approved mechanical equipment. Hand capping is prohibited. The cap or cover shall cover the pouring lip to at least its largest diameter. Item 21p. Personnel, health. --The health of- ficer or a physician authorized by him shall ex- amine and take a careful morbidity history of every person connected with a pasteurization plant, or about to be employed, whose work brings him in contact with the production, handling, storage or transportation of milk, milk products, containers, or equipment. If such examination or history sug- gests that such person may be a carrier of or in- fected with the organisms of typhoid or paraty- phoid fever or any other communicable diseases likely to be transmitted through milk, he shall secure appropriate specimens of body discharges and cause them to be examined in a laboratory ap- proved by him or by the State Health authorities for such examinations, and if the results justify such person shall be barred from such employ- ment. Such persons shall furnish such information, submit to such physical examinations, and submit such laboratory specimens as the health officer may require for the purpose of determining free- dom from infection. Item 22p. Personnel, cleanliness. --All persons coming in contact with milk, milk products, con- tainers or equipment shall wear clean outer gar- ments and shall keep their hands clean at all times while thus engaged. Item 23p. Miscellaneous. --All vehicles used for thetransportation of milk or milk products shall be so constructed and operated as to protect their contents from the sun and from contamina- tion. All vehicles used for the transportation of milk or milk products in their final delivery con- tainers shall be constructed with permanent tops and with permanent or roll -down sides and back, provided that openings of the size necessary to pass the delivery man may be permitted in the sides or back for loading and unloading purposes. All vehicles shall be kept clean, and no substance capable of contaminating milk or milk products shall be transported with milk or milk products in such manner as to permit contamination. All vehicles used for the distribution of milk or milk products shall have the name of the distributor prominently displayed. The immediate surroundings of the milk plant shall be kept in a neat, clean condition. Grade B pasteurized milk. --Grade B pasteur- ized milk is pasteurized milk which violates the bacterial standard for Grade A pasteurized milk and/or the provision of lip -cover caps of item 20p and/or the requirement that Grade A raw milk be used, but which conforms with all other require- ments for Grade A pasteurized milk, has been made from raw milk of not less than Grade B quality, and has an average bacterial plate count after pasteurization and before delivery not ex- ceeding 50,000 per cubic centimeter, as deter- mined under sections 1 (5) and 6. Grade C pasteurized milk. --Grade C pasteur- ized milk is pasteurized milk which violates any of the requirements for Grade B pasteurized milk. GRADES OF MILK AND MILK PRODUCTS WHICH MAY BE SOLD. Section 8. From and after 12 months from the date on which this ordi- nance takes effect no milk or milk products shall be sold to the final consumer or to restaurants, soda fountains, grocery stores, or similar estab- lishments except Grade A Raw, Grade A Pasteur- ized and Certified: Provided, that when any milk distributor fails to qualify for one of the above grades the health officer is authorized to revoke his permit, or in lieu thereof to degrade his prod- uct and permit its sale during a temporary period not exceeding 30 days or in emergencies such longer period as he may deem necessary. SUPPLEMENTARY GRADING PRESCRIBED AND REGRADING AUTHORIZED. Section 9. If, at any time between the regular announcements of the grades of milk or milk products, a lower grade shall become justified, in accordance with sections 5, 6, 7 of this ordinance, the health officer shall immediately lower the grade of such milk or milk product, and shall enforce proper labeling and pla- carding thereof. Any producer or distributor of milk or milk products the grade of which has been lowered by the health officer, and who is properly labeling his milk and milk products, may at any time make application for the regrading of his product. Upon receipt of a satisfactory application, in case the lowered grade is the result of an exces- sive average bacterial plate count, direct micro- scopic count, reduction time, or cooling tempera- ture, the health officer shall take further samples of the applicant's output, at a rate of not more than two samples per week. The health officer shall regrade the milk or milk products upward when- ever the average of the last four sample results indicates the necessary quality, but not before the lapse of 2 weeks from the date of degrading. In case the lowered grade of the applicant's product is due to a violation of an item of the spe- cifications prescribed in section 7, other than average bacterial plate count, direct microscopic count, reduction time, or cooling temperature, the said application must be accomplished by a state- ment signed by the applicant to the effect that the violated item of the specifications has been con- formed with. Within 1 week of the receipt of such an application and statement the health officer shall make a re -inspection of the applicant's es- tablishment, and thereafter as many additional re -inspections as he may deem necessary to as- sure himself that the applicant is again complying with the higher grade requirements, and, in case the findings justify, shall regrade the milk or milk products upward, but not before the lapse of 2 weeks from the date of degrading. TRANSFERRING OR DIPPING MILK; DELIVERY CONTAINERS; HANDLING OF MORE THAN ONE GRADE; DELIVERY OF MILK AT QUARANTINED RESIDENCES. Section 10. Except as permitted in this section, no milk producer or distributor shall transfer milk or milk products from one container to another on the street, or in any vehicle or store, or in any place except a bottling or milk room es- pecially used for that purpose. The sale of dip milk is hereby prohibited. All pasteurized milk and milk products shall be placed in their final delivery containers in the plant in which they are pasteurized, and all raw milk and milk products sold for consumption in the raw state shall be placed in their final delivery containers at the farm at which they are produced. Milk and milk products sold in the distributor's containers in quantities less than 1 gallon shall be delivered in standard milk bottles or in single - service containers approved by State Health au- thorities. It shall be unlawful for hotels, soda fountains, restaurants, groceries, and similar es- tablishments to sell or serve any milk or milk product except in the original container in which it was received from the distributor or from a bulk container equipped with an approved dispens- ing device: Provided, that this requirement shall not apply to cream consumed on the premises, which may be served from the original bottle or from a dispenser approved for such service. It shall be unlawful for any hotel, soda fountain, restaurant, grocery, or similar establishment to sell or serve any milk or milk products which have not been maintained, while in its possession, at a temperature of 50 degrees F. or less. No milk or milk products shall be permitted to come in contact with equipment with which a lower grade of milk or milk products has been in contact unless such equipment has been first thoroughly cleaned and subjected to bactericidal treatment. Bottled milk or milk products, if stored in water, shall be so stored that the tops of the bot- tles will not be submerged. It shall be the duty of all persons to whom milk or milk products are delivered to clean thoroughly the containers in which such milk or milk prod- ucts are delivered before returning such contain- ers. Apparatus, containers, equipment, and uten- sils used in the handling, storage, processing, or transporting of milk or milk products shall not be used for any other purpose without the permission of the health officer. The delivery of milk or milk products to, the collection of milk or milk products containers from residences in which cases of communicable disease transmissible through milk supplies 55 exist shall be subject to the special requirements of the health officer. MILK AND MILK PRODUCTS FROM POINTS BEYOND THE LIMITS OF ROUTINE INSPECTION. Section 11. Milk and milk products from points beyond the limits of routine inspection of the City of Dubuque may not be sold in the City of Dubuque, unless produced and/or pasteurized under pro- visions equivalent to the requirements of this or- dinance: Provided, that the health officer shall satisfy himself that the health officer having juris- diction over the production and processing is properly enforcing such provisions. FUTURE DAIRIES AND MILK PLANTS: Section 12. All dairies and milk plants from which milk or milk products are supplied to the City of Du- buque which are hereafter constructed, recon- structed, or extensively altered shall conform in their construction to the requirements of this or- dinance for Grade A dairy farms producing milk for consumption in the raw state, or for Grade A pasteurization plants, respectively: Provided, that the requirement of a two -room milk house shall be waived in the case of dairies the milk from which is to be pasteurized. Properly pre- pared plans for all dairies and milk plants which are hereafter constructed, reconstructed, or ex- tensively altered shall be submitted to the health officer for approval before work is begun. In the case of milk plants signed approval shall be ob- tained from the health officer and/or State Depart- ment of Health. NOTIFICATION OF DISEASE. Section 13. No- tice shall be sent to the health officer immediately by any producer or distributor of milk or milk products upon whose dairy farm or in whose milk plant any infectious, contagious, or communicable disease occurs. PROCEDURE WHEN INFECTION SUSPECTED. Section 14. When suspicion arises as to the pos- sibility of transmission of infection from any per- son concerned with the handling of milk or milk products, the health officer is authorized to re- quire any or all of the following measures: (1) The immediate exclusion of that person from milk handling, (2) the immediate exclusion of the milk supply concerned from distribution and use, (3) adequate medical and bacteriological examination of the person, of his associates, and of hisand their body discharges. ENFORCEMENT INTERPRETATION. Section 15. This ordinance shall be enforced by the health officer in accordance with the interpreta- tions thereof contained in the 1939 edition of the United States Public Health Service Milk Code, a certified copy of which shall be on the file in the City Clerk's office. PENALTY. Section 16. Any person who shall violate any provision of this ordinance shall be fined not more than $ 100.00 and in default of pay- ment thereof by imprisonment not to exceed 30 days. Each and every violation of the provisions of this ordinance shall constitute a separate of- fense. REPEAL AND DATE OF EFFECT. Section 17. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed; and this ordinance shall be in full force and effect immedi- 56 ately upon its adoption and itspublication, as pro- vided by law. UNCONSTITUTIONALITY CLAUSE. Section 18. Should any section, paragraph, sentence, clause, or phrase of this ordinance be declared unconsti- tutional or invalid for any reason, the remainder of said ordinance shall not be affected thereby. Passed, adopted and approved upon final reading this 21st day of April, 1941. Amended 8/11/47. Ordinance No. 43-49. An Ordinance to Provide for the Protection of the Public Health by Controlling or Preventing the Spread of Rat -Borne Diseases and Infections by the Elimination of Insanitary Conditions Asso- ciated with such Diseases, by Extermination of Rats, and by Rat -Proofing of Structures and Maintenance Thereof in Ratproofed Condition. Be it Ordained by the City Council of the City of Dubuque: Section 1. That for the purpose of this ordi- nance the following definitions shall apply: A. The term "Business buildings" shall mean any structure, whether public or private, that is adapted for occupancy for transaction of business, for rendering of professional service, for amuse- ment, for the display, sale or storage of goods, wares, or merchandise, or for the performance of work or labor, including hotels, apartment build- ings, tenement houses, rooming houses, office buildings, public buildings, stores, theaters, mar- kets, restaurants, abbatoirs, grain elevators, workshops, warehouses, factories, and all out- houses, sheds, barns and other structures on premises used for business purposes. B. The term "ratproofing" as used herein ap- plies to a form of construction to prevent the in- gress of rats into business buildings from the ex- terior or from one business building or establish- ment to another. It consists essentially of treat- ment with material, impervious to rat gnawing all actual or potential openings in exterior walls, ground or first floors, basements, roof and foun- dations, that may be reached by rats from the ground by climbing or by burrowing. C. The term "rat harborage" shall mean any condition which provides shelter or protection for rats, thus favoring their multiplication and contin- ued existence in, under, or outside of any structure. D. The term "rat eradication" means the elim- ination or extermination of rats within building by any or all of the accepted measures, such as; poisoning, fumigation, trapping, clubbing, etc. E. The term "Health Officer" as used herein means the Superintendent, Commissioner or Di- rector of Health or any duly authorized represent- ative. F. The term "Owner" shall mean the actual owner, agent or custodian of the business building, whether individual partnership, or corporation. The lessee shall be construed as the "Owner" for the purpose of this ordinance when business build- ings agreements hold the lessee responsible for maintenance and repairs. G. The term "occupant" as used herein shall mean the individual, partnership, or corporation that uses or occupies any business building or part, or fraction thereof, whether the actual owner or tenant. In the case of vacant business buildings or vacant portions thereof, the owner, agent, or custodian shall have the responsibility as occupant. Section 2. That it is hereby ordained and re- quired that all business buildings in the City of Dubuque shall be 'ratproofed, freed or rats, and maintained in a ratproof and rat -free condition to the satisfaction of the health officer. Section 3. That upon receipt of written notice and/or order from the health officer the owner of any business building specified therein shall take immediate measures for rat -proofing the building, and that unless said work and improvements have been completed by the owner in the time specified in the written notice, in event to be less than fif- teen (15) days, or within the time to which a written extension may have been granted by the health officer, then the owner shall be deemed guilty of an offense under the provisions of this ordinance. Section 4. That whenever the health officer no- tifies the occupant or occupants of a business building in writing that there is evidence of rat in- festation of the building, said occupant or occupants shall immediately institute rat eradication meas- ures and shall continuously maintain such meas- ures in a satisfactory manner until the premise is declared by the health officer to be free of rat in- festation. Unless said measures are undertaken within five (5) days after receipt of notice, it shall be construed as a violation of the provisions of this ordinance and occupant shall be held responsible there for. Section 5. That the owners of all ratproofed business buildings are required to maintain the premises in.a ratproof condition and to repair all breaks or leaks that may occur in the ratproofing without a specific order of the health officer. Section 6. That from and after passage of this ordinancethe health officer is empowered to make unannounced inspections of the interior and exte- rior of business buildings to determine full com- pliance with this ordinance, and the health officer shall make periodic inspection at intervals of not more than forty-five (45) days of all ratproofed buildings to determine evidence of rat infestation and the existence of new breaks or leaks in their ratproofing and when any evidence is found indicat- ing the presence of rats or openings through which rats may again enter business buildings, the health officer shall serve the owners or occupants with notice and/or orders to abate the conditions found. Section 7. That whenever conditions inside or under occupied business buildings provide exten- sive harborage for rats (in the opinion of the health officer) said health officer is empowered, after due notification in accordance with Section 3, to close such business buildings until such time as the conditions are abated by ratproofing and harborage removal including, if necessary, the installation of suitable concrete floors in basements or replace- ment of wooden first or ground floors with concrete or other major repairs necessary to facilitate rat eradication. Section 8. That whenever conditions inside or under unoccupied business building provide exten- sive harborage for rats (in the opinion of the health officer) said health officer is empowered to require compliance with the provisions of Section 3 above and, in the event that said conditions are not cor- rected in a period of sixty (60) days, or within the time to which a written extension may have been granted by the health officer, the health officer is empowered to institute condemnation and destruc- tion proceedings. Section 9. That it shall be unlawful under the provisions of this ordinance for the occupant, own- er, contractor, public utility company, plumber or any other person to remove and fail to restore in like condition the rat -proofing from any business building for any purpose. Further, it shall be un- lawful for any person or agent to make any new openings that are not closed or sealed against the entrance of rats. Section 10. It shall be unlawful for any person, firm or corporation hereafter to construct, repair or remodel any building, dwelling stable or mar- ket, or other structure whatsoever, unless such construction, repair, remodeling or installation shall render the building or other structure rat - proof in accordance with the regulations pre- scribed herein and hereunder. The provisions of this Section apply only to such construction, re- pairs, remodeling or installation as affect the rat - proof condition of any building or other structure. Section. 11. It shall be unlawful for any person, firm or corporation hereafter to occupy any new or existing business building wherein foodstuffs are to be stored, kept, handled, sold, held or offered for sale without complying with Section 10 of this ordinance; and unless the provisions of this Section are complied with no city license or permit to conduct or carry on such business as defined above will be issued. Section 12. That all food and feed within the City of Dubuque for feeding chickens, cows, pigs, horses, and other animals shall be stored in rat - free and ratproof containers, compartments, or rooms unless stored in a ratproof building. Section 13. That within the corporate limits of the City of Dubuque all garbage or refuse consist- ing of waste animal or vegetable matter upon which rats may feed, and all small dead animals, shall be placed and stored until collected in covered metal containers of a type prescribed by the health offi- cer. It is further declared unlawful fox any per- son, firm, or corporation to dump or place on any premise, land or waterway, any dead animals, or any waste vegetable or animal matter of any kind. Section 14. That it shall be unlawful for any person to place, leave, dump, or permit to accu- mulate any garbage, rubbish or trash in any build- ing or on any premise, improved or vacant, or on any open lot or alley in the City of Dubuque 'so that same shall or may afford food or harborage for rats. Section 15. That it shall be unlawful for any person to permit to accumulate on any premise, improved or vacant, or on any open lot or alley in the City of Dubuque any lumber, boxes, barrels, bottles, cans, containers or similar material that may be permitted to remain thereon unless same 57 shall be placed on open racks that are elevated not less than eighteen (18) inches above the ground, and evenly piled or stacked. Section 16. Penalty: Any person, firm, or cor- poration who shall violate any provision or pro- visions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be pun- ished by.a fine of not more than One Hundred ($ 100.00) Dollars or imprisonment of not more thirty (30) days. Each day's violation shall con- stitute a separate offense. 58 Section 17. Repeal Clause: All ordinances or parts of ordinance in conflict herewith are hereby repealed to the extent of such conflict only. Section 18. Savings Clause: If any section, subsection, sentence, clause or phrase of this or- dinance is for any reason held to be unconstitution- al, void, or invalid, the validity of the remaining portions of this ordinance shall not be effected thereby. Passed, adopted and approved upon final reading this 12th day of December, 1949. CHAPTER IX Animals Ordinance No. 71. An Ordinance Prohibiting Stock from Running at Large. Be it Ordained by the City Council of the City of Dubuque: NO ANIMALS TO BE AT LARGE. Section 1. That no horse, hog, cow, or other animal, unless licensed by ordinance, and no fowl of any kind shall be allowed to run at large within the limits of the City. POUND MASTER. Section 2. It is hereby made the duty of the Chief of Police to procure or estab- lish a pound in some convenient place in the City and to appoint some person to act as poundmaster who shall have control and charge of the City pound. SHALL IMPOUND ANIMALS. Section 3. The Chief of Police shall cause every such animal found running at large, contrary to the provisions of this ordinance, to be impounded under the care of the poundmaster. Any person claiming any animal impounded shall pay to the Chief of Police, $ 1.00 for the discharge of the same and the fur- ther charge of 25 cents for each day of keeping such animal, and the cost of advertising if the same has been advertised for sale under the provisions of this ordinance. SALE OF ANIMALS IMPOUNDED. Section 4. Animals impounded under this ordinance may be redeemed at any time prior to the sale, upon pay- ment of the costs and expenses incurred for the impounding as heretofore stated. Stock or animals not redeemed within three days after being im- pounded may be sold at public auction by the Chief of Police to the highest bidder for cash, after giv- ing five days notice of such sale, by posting one notice at the entrance of the pound and one at the front door of the City Hall. Purchasers at such sale shall take thereby a title absolute to the prop- erty purchased, as against all persons. The money received, shall be paid to the City Treasurer and the balance remaining after the costs for keeping such animal or animals and the expenses of selling the same have been deducted, shall be retained for the owner of the animal or animals so sold. The owner of such animal or animals shall make proof of his ownership of the same, by affidavit and if no proof is made within two years from the date of such sale, the Treasurer shall report the money on hand as part of the general fund of the City and thereafter such owner shall be barred from the recovery thereof. PENALTY FOR VIOLATION. Section 5. The pound shall be under the care and control of the poundmaster and whoever shall break open the same or remove or assist to remove any animal therefrom, without the authority of law or the order of the poundmaster, or Chief of Police or who shall hinder, delay or obstruct the Chief of Police, or the poundmaster in taking or driving any animal to the pound or who shall violate any provision of this ordinance, shall be deemed guilty of a misdemeanor and fined not to exceed $ 100. 1919 Revision Ordinance No. 78. ANIMALS HARBORING VICIOUS DOGS. Section 64. If any person, within the corporate limits of this City, keeps or harbors any vicious. dog or other animal, he shall be guilty of a misdemeanor. (Ed. Note: See also Ordinance No. 4-33) ABUSE OF ANIMALS. Section 65. If any per- son, within the corporate limits of this City, in- humanly or cruelly beats or abuses any dumb ani- mal, he shall be guilty of a misdemeanor. CONFINING FOWLS. Section 66. If any person, within the corporate limits of this City, fails to confine or keep confined, any chickens, ducks, geese, turkeys, or other fowls of any kind whatso- ever, owned by him, upon his premises, or allows or permits same to pass from or off such prem- ises upon the premises of another or upon the public streets or places of the City, he shall be guilty of a misdemeanor. OVERLOADING TEAMS. Section 67. If any person, firm or corporation, within the corporate limits of this City, owning, controling, or driving, vehicles drawn by horse or mules, who shall load, or cause, or permit such vehicles to be loaded in excess of the maximum hereafter set forth, such person, firm or corporation shall be deemed guilty of a misdemeanor. The maximum load to be car- ried by any vehicle shall be four thousand (4000) pounds for each horse or mule employed in draw- ing same. 1919 Revision Ordinance No. 10-33. An Ordinance Regulating the Erection, Maintenance and Operation of Pens, Buildings, Yards, Sheds and Enclosures, Wherein Live Stock is Collect- ed, Kept or Fed for Commercial Purposes; Prescribing Sanitary Rules and Regulations Therefor, and Declaring the Violation Hereof a Nuisance and Providing for the Abatement Thereof. Be it Ordained by the City Council of the City of Dubuque: Section 1. No person, firm or corporation shall keep or maintain within the corporate limits of the City of Dubuque any pens, buildings, yards, sheds or enclosures wherein any cattle, sheep or swine are collected, kept or fed for commercial purposes unless such pens, buildings, yards, sheds or en- closures are erected, constructed and maintained as hereinafter provided. 59 Section 2. All such pens, buildings, yards, sheds or enclosures shall be erected and main- tained with floors constructed of concrete at least four (4) inches thick with a smoothly trowled wearing surface. Section 3. All such concrete floors shall be constructed so as to drain to a catch basin or ba- sins connected with the sanitary sewage system of the City of Dubuque, or in the event no such sewage system is in proximity to such premises such catch basin or basins shall be connected with or drain into a cesspool approved by the Plumbing Inspector of said City. Such cesspool shall be cleaned and disinfected as often as necessary to maintain the same in a sanitary condition and so that it will not emit noxious odors. Section 4. All such pens, buildings, yards, sheds and enclosures shall be connected with the city water system or other pressure water system, and when in use shall be flushed and cleansed with water by use of a hose connected with said water system at least once daily except in freezing weather and shall be kept thoroughly clean and free from filth and noxious odors at all times. Section 5. Every such pen, building, yard, shed, or enclosure shall have erected and maintained in connection therewith a water -tight covered contain- er for receiving and hauling manure, litter and re- fuse accumulating on said premises between times of its removal therefrom and all such ma- nure, litter and refuse shall be gathered daily when such pens, buildings, sheds, yards and en- closures are in use and shall be placed in such containers. The contents of such containers shall be removed and hauled away from the premises at least every second day. Section 6. The keeping of cattle, sheep or swine in any pen, buildings, yard, shed or enclo- sure within the corporate limits of the City of Dubuque in violation of the provisions of this or- dinance shall constitute a nuisance and the same may be restrained and abated as by law provided. Passed, adopted and approved upon final reading this 16th day of October, 1933. Ordinance No. 14-37.. An Ordinance Prohibiting the Driving of Cattle, Sheep and Swine on Foot over and across the Streets and Alleys of the City of Dubuque Ex - 60 cept within the Prescribed Areas Thereof, De- fining the Conditions under Which Such Live- stock May Be Driven over Streets and Alleys within Such Areas, and Prescribing a Penalty for the Violation Hereof. Be it Ordained by the City Council of the City of Dubuque: Section 1. It shall be unlawful for any person, firm or corporation to drive, or cause to be driven, cattle, sheep and swine on foot over and across the streets and alleys of the City of Dubuque except within such areas thereof which are used for the purpose of operating stockyards, slaughter houses and packing plants and, then only, subject to the following restrictions and regulations, to -wit: (a) When such livestock is being driven through alleys, they must be so guarded by attendants or by fences or enclosures as will prevent them from runningor trespassing upon adjacent private prop- erty. (b) When such livestock is being driven over and across the streets, they shall be so guarded by attendants or by fences or enclosures as will prevent them from running at large into other streets, alleys, highways or over and across pub- lic or private property. (c) In driving such livestock over and across such streets and alleys, such streets and alleys shall not be obstructed thereby for a longer time than five (5) minutes in any one period of opera- tion, and after such livestock has passed, all such fences and enclosures shall be so removed or placed as not to obstruct the use of the streets and alleys by the traveling public or be an interference with private property. (d) Any offal or filth deposited by such live- stock upon such streets and alleys while passing over and across the same shall be promptly re- moved therefrom by the owner of such livestock and shall not be permitted to remain thereon to the annoyance, discomfort or inconvenience of ad- jacent property owners or the general public. Section 2. Any person, firm or. corporation vi- olating any of the provisions hereof shall be fined not to exceed $ 100.00 or imprisoned not to exceed 30 days in jail. Passed, adopted and approved upon final reading this 6th day of December, 1937. CHAPTER X Regulating Certain Businesses Ordinance No. 3-33. An Ordinance Prescribing the Procedure for the Issuance of Licenses, Providing for the Forfei- ture of the Same, and Repealing All Ordinances or Parts of Ordinances in Conflict Herewith. Be it Ordained by the City Council of the City of Dubuque; APPLICATION. Section 1. All persons, firms or corporations who are required under any ordi- nance of the City to procure a license for the purpose of engaging in any business or vocation shall first make application to the City Manager for such license. MANAGER MAY ISSUE. Section 2. Except where some other method is prescribed by law, all licenses shall be issued by the City Manager intheexercise of his discretion, provided, how- ever, that such Manager may refuse a license in any case where the applicant is not of good moral character, free from disease, or trustworthy in his business dealings or for any other reason that satisfies the Manager that the interests of the pub- lic would be best protected by withholding a license from the applicant. RECORD. Section 3. All licenses shall be signed by the Manager and Clerk and entered in a book kept for that purpose. LICENSE --EXPIRES. Section 4. Except as may be provided by law, annual licenses shall ex- tend from April 1st to March 31st in the year fol- lowing. No such license shall be issued after the first day of April in any year unless and until the applicant shall pay, as a penalty in addition to the license fee, a further sum of five per cent (5%) of such annual fee for the first month of delinquency, three per cent (3%) for the second month of delin- quency, two per cent (2%) for the third month of delinquency and one per cent (1 %) for. each month of delinquency thereafter, said penalty shall attach on the first day of each month following April 1st. LESSER PERIODS. Section 5. In all cases Where licenses may be issued for lesser periods than a full year, the license fee shall be as follows: A. When the application is made within the first quarter of the fiscal year, the license fee shall be the same as the annual fee. B. When the application is made in the second quarter of the fiscal year,.the license fee shall be seventy-five per cent (75%) of the annual fee: C. When the application is made in the third quarter of the fiscal year, the license fee shall be fifty per cent (50%) of the annual fee; and D. When the application is made in the fourth quarter of the fiscal year, the license fee shall be twenty-five per cent (25%) of the annual fee. In all other cases the license fee provided for in the general license ordinance governing the particular business for which a license is required shall pre- vail and be exacted. Fractions of a month shall be taken as a full month. NOT TRANSFERABLE. Section 6. Licenses issued hereunder shall not be transferable and shall cease whenever the licensee ceases to oper- ate thereunder. Nothing herein contained shall prevent a licensee from operating under his li- cense, at a place other than that described in the license, providing information regarding such change in location be furnished the License De- partment. REVOKED. Section 7. The City Manager may, at his pleasure and for good cause shown, re- voke any license issued by him and when a license is revoked the licensee shall not be granted an- other license to engage in the same business for which the license was issued for a period of at least six months thereafter. NO REFUND. Section 8. Except as may be provided by law, no refund shall be allowed upon any license which is actually used for a lesser period than that prescribed in the license. REPEALING CLAUSE. Section 9. All ordi- nances or parts of ordinances inconsistent or in conflict herewith are hereby repealed. Passed, adopted and approved upon final reading this 10th day of April, 1933. Ordinance No. 4-33. An Ordinance Providing That Certain Businesses and Vocations Conducted in the City of Dubuque Shall Be Licensed: Fixing the License Fee Therefor; Defining Terms Employed; Pre- scribing the Regulations Which Shall Apply to Businesses and Vocations Required to be Licensed; Repealing All Ordinances or Parts of Ordinances in Conflict Herewith; and Pre- scribing a Penalty for Violation Hereof. Now, therefore, be it ordained by the City Council of the City of Dubuque: Section 1. That it shall be unlawful for any person, firm or corporation to engage in any business or vocation hereinafter named without first procuring a license, therefor, and paying the license fee or fees as prescribed herein for such businesses or vocations. Section 2. That the following regulations for licenses shall apply to the various businesses and vocations enumerated herein. AUCTIONEERS 1. AUCTIONEER shall mean any person, firm or corporation who engages in the business of selling or offering for sale real or personal prop- erty at public auction. 2. Auction sales of merchandise shall not be conducted upon any street, alley, sidewalk or pub- lic grounds within the following districts: 61 11' On Locust Street from West Third Street to West Twelfth Street; on MainStreet from West Third Street to West Twelfth Street; on Iowa Street from West Fourth Street to West Four- teenth Street; on Central Avenue from Fourth Street to Twentieth Street; and, on Eighth Ave- nue from Central Avenue to Bluff Street; and on any other cross streets or any other alleys within said described district and for a distance of 150 feet therefrom in each direction. 3. PERMIT AND APPOINTMENT OF CLERK AND MAKING AND POSTING OF LIST OR INVEN- TORY OF GOODS TO BE SOLD. Before an auction sale is held anywhere within the city, a permit must be granted therefor by the City Manager, and a clerk must be appointed for such auction sale, and the auctioneer's license fee, and the clerk's license fee shall be paid, and the person proposing to hold or conduct said sale shall, together with the clerk appointed to act for said sale, take and file with the City Manager, an inventory of the merchandise proposed to be sold, setting forth therein the quantity and description of each item and, if any merchandise has been brought into the city for sale at such auction, such merchandise must be separately described. Said inventory shall set forth and list each item proposed to be sold, and the manufacturer's number of each item, if any, and a description of each item or article, and said inventory shall be executed in triplicate, one copy to befiled with the City Manager, one copy to be posted in a conspicuous place upon the premises where said auction sale is to be held, and one copy delivered to the auctioneer. Said in- ventory shall further set forth separately and specifically the merchandise brought upon said premises within a period of sixty (60) days prior to the date of securing the permit for such sale, and which will be offered for sale at said sale. Only the items of merchandise appearing upon said inventory as filed with the City Manager shall be sold or offered for sale at such auction, and, as certain items are sold, they shall be stricken from the inventory posted upon the premises by the licensed clerk of said sale. 4. NOTICE. If the owner intends to offer a bid at a public auction, or to have someone bid for him, he shall give a written or oral notice of such fact at the opening of each auction period, and, in the absence of such notice, he shall not submit a bid, nor shall he employ or induce any person to bid for him, nor shall the auctioneer employ or induce any person to bid at such sale for the owner, nor shall he knowingly take any bid from the owner or any person employed by him. In addition to the penalties herein described, any such sale may be treated as fraudulent by the buyer. 5. MISREPRESENTATION. No article or piece of merchandise sold or offered for sale shall be misrepresented as to quantity, quality or price value. 6. PREMISES The premises where an auction sale is being held shall be well lighted and illumi- nated at all times during said sale. 7. LENGTH OF TIME OF SALE. That any such sale must be concluded within thirty (30) successive days, Sundays and holidays excepted, unless a further extension of not more than thirty (30) days is granted by the City Manager upon application filed with him for that purpose. 62 8. EXCEPTION. The following sales shall be exempted from the foregoing restrictions: Judicial Sales, Sales by Executors and Administrators, Sales by Licensed Pawn Brokers for unredeemed pledges in the manner provided by law, and sales of stocks of goods on hand at the opening of such auction belonging to any person, firm or corpora- tion which has been in business in the City of Dubuque at the place where such sale is held con- tinuously for at least one year prior thereto as a retail or wholesale merchant handling the kind of merchandise being offered for sale, provided, how- ever, that any such sale must be concluded within thirty (30) successive days, Sundays and holidays excepted, unless a further extension of not more than thirty (30) days is granted by the City Manager upon application filed with him for that purpose. 9. AUCTIONEER'S LICENSE. For the sales of real estate, household good or livestock at auction sale, the auctioneer's fee shall be $5.00 per day, or $25.00 per year. For the sale of goods and merchandise of resi- dent merchants by auctioneers at auction sale, the auctioneer's license fee shall be $5.00 per day, $ 15.00 per week, $ 35.00 per month, $100.00 per year. AUCTIONEER'S LICENSE. Sales of goods and merchandise brought into the city for sale by auctioneers, or auction sale of resident merchan- dise or goods which is supplemented by other goods and merchandise brought into the city for sale at said auction, the auctioneer's license fee shall be paid in the sum of $25.00 per day for the first thirty (30) days, $15.00 per day for the next thirty (30) days, and $10.00 per day for each day there- after. 10. CLERK'S LICENSE. The clerk's license fee for each auction sale shall be paid in the sum of $5.00. 11. PENALTY. Failing to procure auctioneer's license, or a clerk's license; failing to secure per- mit for auction sale; or, failing to comply with any of the foregoing regulations, subject the offender to the penalties described in said ordinance herein amended, and any person violating the provisions hereof, shall, be deemed guilty of misdemeanor, and upon conviction, be punishable by a fine of not less than $5.00, nor more than $100.00, and costs, and in default of said fine and costs shall be im- prisoned for a period of not to exceed thirty (30) days in jail. 12. OFFENCE DEFINED. Each time that a person, firm of corporation violates the provisions of this ordinance, it shall be deemed to be a sepa- rate and distinct offense. BATHING BEACHES 1. BATHING BEACHES shall not be operated between the hours of Nine (9) o'clock P. M. and Six (6) o'clock A. M. Experienced guards shall be in attendance at all times. If children are ad- mitted, shallow water bathing places must be maintained and separated from deeper water by ropes or other precautionary measures and signs erected to indicate the same. Immoral or indecent exposure of the person and profane language shall be prohibited. Shower baths must be provided upon the premises. 2. BATHING BEACH LICENSE. The license for bathing beaches or swimming pools operated for profit shall be $ 20.00 per month. BILL POSTERS AND DISTRIBUTORS 1. BILL POSTERS AND DISTRIBUTORS LI- CENSE. All persons engaged in the business of posting bills or the business of distributing hand bills, samples, or advertisements of any kind, shall pay a license of $25.00 per year. BILLIARD AND POOL HALLS 1. BILLIARD AND POOL HALLS shall not be operated between the hours of Twelve (12) o'clock midnight and Six (6) o'clock A. M. except for heating and cleaning the same. There shall be no obstructions placed in the windows so as to prevent a clear view of the interior from the street. Such business shall be conducted in a single room with- out any connection with or to any other room ex- cept toilet rooms and or a basement which is used for storage or heating p•arposes, or some other legitimate business or trade. Where such business is conducted in connection with some other business in the same room, all of the provisions hereof shall apply and the one business shall not be separated from the other business by screens, curtains or partitions, except with the consent of and under the restrictions imposed by the City Council. 2. MINORS, under the age of seventeen (17) years shall not be permitted t� gather or loiter in and about or be employed as help or engage in any games played therein. 3. BILLIARD AND POOL TABLE LICENSE. The License shall be $ 5.00 per year for each pool or billiard table operated for profit. 4. EXCEPTION. The foregoing provisions shall not apply to Clubs, Lodges or Societies oper- ating pool and billiard tables primarily for their own members. BOWLING ALLEYS 1. BOWLING ALLEY LICENSE. The License shall be $5.00 per year for each bowling alley, box ball alley, or similar device operated for profit. 2. EXCEPTION. The foregoing provision shall n not apply to Clubs, Lodges or Societies operating bowling alleys, or similar devices, primarily for their own members. - CARNIVAL, CIRCUS, SHOWS, ETC. 1. NO CIRCUS, MENAGERIE, CARNIVAL OR SHOW shall be conducted within residence neighbor- hoods unless the same are held for one day only. Wherever held they shall be conducted in an order- ly, peaceful and quiet manner and so as not to in- terfere with or obstruct streets and highways near or adjacent to the place where such performances are being held, Gambling devices and immoral exhibitions and displays are prohibited. 2. RESIDENCE NEIGHBORHOOD when applied to the holdings of carnivals, circuses, shows, etc. shall mean any part of the City which is built up with residences, homes, churches, or schools where such buildings are within Two Hundred and Fifty (250) feet in any direction from the place where it is proposed to hold such performances. 3. CARNIVAL LICENSE. The License for a carnival shall be $ 75.00 for the first day and $ 25.00 for each succeeding day. 4. CIRCUS LICENSE. The License for a circus or menagerie shall be $75.00 per day. 5. SIDE SHOW LICENSE. The License for side shows whether traveling alone or in connec- tion with a circus or menagerie shall be $25.00 for the first day and $12.50 for each succeeding day; - 6. DOG AND PONY SHOW LICENSE. The License for a dog and pony show shall be $ 50.00 for the first day and $ 25.00 for each succeeding day. 7. WILD WEST SHOW LICENSE. The License for wild west shows shall be $125.00 for the first day and $ 75.00 for each succeeding day. 8. MERRY-GO-ROUND, ETC. LICENSE. Proprietors of merry-go-rounds, circular swings, roller coasters or similar devices shall pay a license of $ 2.00 per day; $ 25.00 per month. 9. SHOWS AND EXHIBITIONS LICENSE. For each show or -exhibition conducted for profit at which prizes are offered and for exhibitions by ventriloquists, mesmerists, magicians or the like, the License shall be $ 25.00 for the first per- formance and $10.00 for each subsequent per- formance. 10. SHOWS AND EXHIBITIONS LICENSE. For all theatrical exhibitions, traveling concerts, min- strel shows, athletic contests or exhibitions or other public performances, the License shall be $ 10.00 for the first performance and $ 5.00 for each subsequent performance or exhibition. 11. OPEN AIR OR MEDICINE SHOW LICENSE. For open air or outdoor merchandise shows at which merchandise or medicine of any kind is sold or offered for sale, the License shall be $ 50.00 for the first day and $35.00 for each succeeding day. 12. EXCEPTIONS. (a) The provisions hereof shall not apply to performances or exhibitions conducted in a duly licensed theatre or building. (b) The provisions hereof shall not apply to any exhibition, concert, performance or entertainment where the profits thereof are used for civic, of charitable, patriotic, religious or other public purposes. (c) The provisions hereof shall not apply to lawn fetes, bazaars, ice cream socials or the like which are conducted by churches, lodges, schools, patriotic or charitable organizations. CHRISTMAS TREES 1. CHRISTMAS TREE LICENSE. The License for the sale of Christmas trees by temporary mer- chants shall be $ 10.00 for the season. DOGS 1. A dog or bitch licensed to run at large shall have the current license tag which has been issued by the City Manager securely fastened to its col- lar and any dog not having such tag shall be treated as an unlicensed dog. An unlicensed dog may be empounded in the City Pond by an officer or person and confined therein for a period of forty-eight (48) hours. If the animal is not claimed by its owner within said time and the license fee paid, together with a fee of One Dollar for keeping the same, it shall be killed. A dangerous or. vicious 63 dog, whether licensed or not, may be empounded and kept for the period above stated and if not claimed by the owner within said time it shall be killed. In case of emergency, however, and in order to protect Life or Property, such an animal may be instantly killed by an officer or any other person having cause to fear injury from the same. The owner of any dog or bitch shall not permit the same to run at large and failure to confine such animal upon his premises shall subject the owner to the penalty herein provided for. 2. DOGS RUNNING AT LARGE. Dogs running at large shall mean any dog or bitch which is not confined upon the premises of the owner, 3. DOG LICENSE. The License for permitting dogs to run at large shall be $ 1.00 per year for each male dog or spayed female and $ 3.00 per year for each female dog. FORTUNE TELLERS 1. Persons engaged in the practice of Telling Fortunes, Palmistry, Clairvoyance, Phrenology, or similar art, shall, in addition to paying the required license, furnssh the City Manager with a physician's certificate of health and a statement of good moral character signed by the Chief of Police of the place where he or she practiced such art prior to coming to this city. 2. • FORTUNE TELLERS LICENSE. The License for the practice of fortune telling, palmis- try, phrenology, clairvoyance or similar profes- sion or art shall be $ 5.00 per day, $ 25.00 per week, $ 50.00 per month. HOTELS AND ROOMING HOUSES LICENSE. The license for hotel, rooming house or lodging house for transients containing less than thirty (30) rooms, $5.00 per year; be- tween thirty (30) and fifty (50) rooms, $7.50 per year; between fifty (50) and seventy (70) rooms, $ 12.50 per year; between seventy (70) and one hundred (100) rooms, $ 20.00 per year; between one hundred (100) and two hundred (200) rooms, $ 37.50 per year; and two hundred (200) or more rooms, $ 75.00 per year. ITINERANT PHYSICIANS AND SURGEONS 1. The term "itinerant physicians and surgeons" shall mean any person engaged in the practice of medicine and surgery who, by himself, agent or employee goes from place to place, or from house to house, or by circulars, letters or advertise- ments, solicits persons to meet him for profes- sional treatment at places other than his office maintained at the place of his residence. 2. The license fee for itinerant physicians and surgeons, as herein defined, shall be as follows: $ 10.00 a day; $ 25.00 a week, $ 50.00 a month; and $120.00 a year. 3. Such license fee shall be payable in advance and any person who practices such profession with- out first securing a license shall be punished as provided for in Section 7 of this ordinance. JUNK COLLECTORS AND AUTO SALVAGE DEALERS 1. Junk Collectors shall mean anyone who buys and (or) sells junk, automobile parts or tires of 64 every kind and description, either as his main business or as incidental to some other business. 2. Junk shall mean old scrap metals, machin- ery, rags, paper, bottles, tin -ware, furniture, plumbing and electrical materials and fixtures, automobile parts or tires, platinum, gold or silver, or any other article or thing usually bought sold or dealt with as junk. 3. Junk Collectors License. The license for collectors of scrap metals, machinery, rags, paper, bottles, tin -ware, furniture, discarded plumbing and electrical materials and fixtures and other similar articles shall be $ 12.50 per year for operating with one horse and wagon; $25.00 a year for two horses and wagon or automobile or truck, $ 10.00 per year for collection without a vehicle. 4. Any person, firm or corporation who engages in the business of buying and (or) salvaging auto- mobiles, parts or tires shall pay a license of $ 25.00 a year. 5. Any person engaging in the purchase and collection from house to house of platinum, gold, or silver shall pay a license fee of $10.00 a day, $25.00 a week or $75.00 a month. 6. Any person, firm or corporation engaging in the business of purchasing and collecting platinum, gold or silver from a fixed or temporary location temporarily maintained within this City shall pay a license fee of $ 10.00 a day, $ 25.00 a week, or $ 75.00 a month. LUNCH WAGON LICENSE. The license for any person, firm or corporation engaged in the business of selling lunches from a wagon or other vehicle shall be $ 50.00 per year. PAWN BROKER LICENSE. The License for a pawn broker shall be $100.00 per year. PEDDLERS AND TRANSIENTS MERCHANTS 1. PEDDLER is an itinerant vendor of personal property who, by traveling about from house to house or place to place, sells or offers to sell the same either (a) for immediate delivery, (b) for future delivery, (c) by any contract or agreement of sale whereby immediate delivery is made, but title thereto is held in the owner until full payment is made therefor. 2. PEDDLING shall not be conducted upon the public streets from temporary stands or vehicles to which people are attracted by talking, singing, music, unusual noises or entertainment or by the use of flares or lights. 3. FOOD COMMODITIES sold along and upon the streets, including ice cream, shall at all times be subject to inspection by the Food Inspector and the Market Master of this City and this inspection shall apply to the quantity, weights, measure and sanitation of the article offered for sale. Unwhole- some, rotten or decayed foods shall not be sold or offered for sale and it shall be the duty of the Food Inspector or Market Master to condemn such foods wherever found. 4. VEHICLES upon which such foods are car- ried, the containers in which the same are handled and the food products shall be clean and sanitary, protected against filth, dust, flies, or other con- taminating substances by proper cover or screens. In the absence of an agreement in writing whenever any of the articles or commodities are sold upon the the streets by the bushel or fractional part thereof the measure thereof shall be ascertained by avoir- dupois weight, computed as by Law provided. The License shall be attached to the vehicle from which such products are sold. 5. TEMPORARY VENDORS of food products or persons who engage in the business of selling food products for short periods of the year only must be licensed as peddler before they can sell such products along and upon the streets from house to house, street to street, or place to place, whether such sales be at Wholesale or Retail, unless the seller is the producer, raiser or grower of such products or the employee of such persons. • Anyone claiming to be a producer, or grower of food products offered for sale as stated, or the agent or employee of the same shall file with the City Manager a statement under oath by three bona fide residents of the City of Dubuque to the effect that such person is such producer, agent, or em- ployee. 6. REFUSAL TO PERMIT AN INSPECTION of food products as herein provided for or the viola- tion of any of the provisions hereof shall subject the offender to the penalty herein provided for. 7. PEDDLERS OF FOOD COMMODITIES LICENSE. The License for peddling food com- modities• upon and along streets and public places, from house to house or store to store shall be $10.00 per day or $ 75.00 per year. 8. OTHER PEDDLERS LICENSE. The License for peddling other than food products shall be $ 10.00 per day; $ 25.00 per week; $ 50.00 per month. 9. STREET ICE CREAM PEDDLERS LICENSE. The License for peddling ice cream from a vehicle, stand or booth shall be $ 2.00 per day; $ 10.00 per week, $ 75.00 per year. 10. PEDDLERS OF MILK LICENSE. For ped- dling milk upon the streets and public places the license shall be $ 5.00 per year for each vehicle so used.. 11. TRANSIENT MERCHANT shall mean any person, firm or corporation who engages in the business of selling goods, wares or merchandise from any fixed or temporary location which is temporarily maintained within the City of Dubuque, and, or when such a business is intermittently carried on and there is no intention to conduct the same permanently within said City, and in addition to the foregoing, the term shall apply to any per- son, firm or corporation who temporarily locates in the City and engages in the taking of orders for merchandise on his or its own account, either for immediate or future delivery, and when the busi- ness is so conducted that the merchandise so sold is procured from a wholesale house and shipped for delivery to the purchasers, said person,firm or corporation paying for the goods at wholesale and collecting the retail price therefor. 12. Whenever a merchant claims to be perma- nently located in said City and the nature of his business is such as to cause some doubt as to such representation, the City Council may instruct the City Solicitor to enter into an agreement or ar- rangement with such merchant whereby the interest of the City will be protected, which agreement and arrangement shall be reported to the City Council for its approval. 13. Persons to whom a transient merchant's License has been issued shall keep the same posted upon the front or street window of the building where the business is conducted. 14. TRANSIENTS MERCHANTS LICENSE. The License for a transient merchant shall be $ 10.00 per day; $25.00 per week; $50.00 per month. PLUMBERS 1. The business of plumbing shall be regulated as provided for in the Plumbing Ordinance of the City of Dubuque. 2. MASTER PLUMBER shall mean any person who is skilled in the planning, supervising, and directing of plumbing work and of drainage and sanitary systems and any firm or corporation hav- ing in its employ such a person so qualified. '3. JOURNEYMAN PLUMBER shall mean any person engaged in the practical installation of plumbing, sewer or sanitary systems. 4. PLUMBERS LICENSE. The License for a master plumber shall be $ 10.00 per year and a renewal fee of $ 2.00 per year. The License for a journeyman plumber shall be $ 5.00 per year and a renewal fee of $ 1.00 per year. PUBLIC DANCES AND PUBLIC DANCE HALLS 1. PUBLIC DANCE shall mean any dance to which the public is invited and a fee or other con- sideration for dancing is charged. 2. PUBLIC DANCE HALLS shall mean any room, space or place where public dances are conducted and shall include any room hall or auditorium in a building owned by Clubs or Lodges. 3. THE CLOSING HOUR for public dance halls shall be One (1) o'clock.A. M. except, with the approval of the City Manager and or Chief of Police, lice, dance halls may be allowed to remain open until 2;00 A.M. on New Year's Eve, Christmas Eve, Valentine's Day, St. Patrick's Day, Easter Monday, Halloween, and Armistice Day. Minors under the age of sixteen (16) years shall not be admitted to a public dance unless accompanied by a parent or guardian. Persons noticeably under the influence of intoxicating liquor shall not be admitted to such dance halls and if such a person is found therein he or she shall be forthwith ejected therefrom. Intoxicating liquors shall not be served or drunk upon or about any premises where a public dance is being held. Improper, disorderly, indecent or immoral conduct, language or dancing shall not be permitted and the allowing or continuing of such conduct shall result in the cancellation or suspen- sion of a dance hall license. 4. A police officer shall be assigned to every public dance and before such dance is given an application for such officer must be made to the City Manager and the sum of Five Dollars ($5.00) shall be deposited with the License Clerk to defray the expense incident to the furnishing of such police protection and supervision. No money or thing of value shall be paid directly or indirectly to the police officer in attendance upon such dance. Public dance halls shall be so equipped that they can be ventilated by natural or artificial means and 65 must conform to all building, health and fire regulations of this City. Separate toilet facilities must be provided for both sexes which must always be maintained in a clean and sanitary condition. 5. Whenever an emergency exists, public dance halls may be closed upon an order of the Board of Health and shall not be opened again until such emergency has passed. No refund shall be allowed upon any license on account of the temporary closing of dance halls or on account of the revoca- tion or suspension of a License and the issuing of the License shall be upon such condition whether provided for in the License or not. 6. EXCEPTION. The foregoing provisions shall not apply to dances given by Clubs, Lodges, Associations or Organizations where such dances are limited to the members thereof and their in- vited guests and or where the profits therefrom are used for charitable, patriotic, religious or other similar purposes. 7. THE VIOLATION of any of these provisions shall subject the offender to the penalty herein provided for. 8. PUBLIC DANCE HALL LICENSE. The License for a public dance hall having 2,500 square feet of clear floor space or less shall be $ 15.00 per year. The License for a public dance hall having more than 2,500 square feet of clear floor space shall be $25.00 per year. In addition to the foregoing License Fee a charge of $ 5.00 for each public dance shall be exacted to cover the expense of proper police supervision to be furnished by the City. RESTAURANTS, BOARDING HOUSES, ETC. 1. Restaurant shall mean any place where food is cooked, prepared, sold and served for human consumption either upon the premises or not and including eating houses, lunch rooms and similar places. 2. RESTAURANT LICENSE., The License for a restaurant, boarding house or other eating place shall be $ 10.00 per year. 3. TEA ROOM, ETC. LICENSE. The License for a restaurant, tea room coffee shop or other eating place which is operated in conjunction with a hotel but in addition to the regular dining room, shall be $ 10.00 per year, but if there be no dining room other than the tea room, coffee shop or res- taurant, no License shall be exacted other than the hotel License. SOFT DRINK SALOONS 1. SOFT DRINK SALOONS shall mean any place conducted as a separate business where any malted or vinous beverage, soft drink (except tea, coffee, milk, chocolate or cocoa) carbonated beverage, or other beverage or liquor produced, by the process by which beer, ale, porter, or wine is produced, is sold at retail for consumption on the premises. 2. SOFT DRINK SALOONS OR PARLORS SHALL REMAIN CLOSED between the hours of Twelve (12) o'clock Midnight and Six (6) o'clock A. M. except that regular employees may be engaged therein during such hours for heating or cleaning the premises. Said business shall be conducted in a single room from or to which there shall be no access to any other room except to a basement 66 which is used for the storage of fuel and heating apparatus. There shall be no screens curtains or other obstructions placed in any windows that are in any manner interfering with a clear view of the interior from the street. Intoxicated persons or persons noticeably under the influence of intoxica- ting liquors shall not be admitted to or be allowed to remain in such places, nor shall such liquors be allowed to be consumed therein. Minors under the age of eighteen (18) years shall not be allowed to loiter, congregate or be employed upon such premises nor shall such persons be admitted into such places unless accompanied by a parent or guardian. Toilet facilities shall be provided for and these, together with the remainder of the premises, shall be maintained in a sanitary man- ner. The selling or giving away of intoxicating beverages in such places of business or the viola- tion of any of the provisions hereof shall subject the offender to the penalty herein provided for and to to a cancellation of the licanse. 3. SOFT DRINK SALOON LICENSE. The License for a soft drink saloon or parlor shall be $ 25.00 per year. SHOOTING GALLERIES 1. SHOOTING GALLERY LICENSE. The License for shooting galleries shall be $2.00 per day; $ 5.00 per week; $ 10.00 per month. SKATING RINKS 1. SKATING RINK LICENSE. The License for roller skating or ice skating rinks operating for profit shall be $ 2.00 per day; $10.00 per week; $ 50.00 per year. STREET MERCHANTS 1. Any person, firm or corporation who follows the business of selling popcorn, candies, confec- tioneries, soft drinks, newspapers, magazines or other publications on the streets or sidewalks, whether in booths, tents, temporary buildings, or from a wagon, automobile, truck, push cart, or otherwise or on foot, shall be classed as a street merchant. 2. STREET MERCHANT LICENSE. All persons engaged in the business as outlined above shall pay a license of $2.00 per day; $10.00 per week; $ 50.00 per year. TAXI CABS AND MOTOR BUSSES 1. TAXI CABS shall mean any motor vehicle, (other than a motor bus traveling over fixed routes under a franchise) which is used for the transporta- tion of passengers for hire with or without a driver and where the capacity of such vehicle is limited to less than ten persons. 2. CHAUFFEUR shall mean any person who operates an automobile in the transportation of persons and who receives any compansation for such services in wages, commissions or otherwise paid directly or indirectly or who, as owner or employee, operates an automobile carrying pas- sengers for hire. 3. As a condition to the granting of a license to taxi cabs, the person, firm or corporation seeking such license shall file in the office of the City Clerk a Public Liability Insurance policy executed by a Surety Company authorized to do business in the State of Iowa, such policy to be approved by the City Manager. The minimum Liability of such policy shall be as follows: (a) to cover the assured's Liability for personal injury or death of one person, as a result of one accident or other cause, $5,000.00; (b) for all persons receiving personal injuries as a result of one accident or other cause, $ 15,000.00, such Liability to include injury or death to passengers being carried upon such vehicles or persons injured or killed through the operation of such vehicles; and (c) for damage to or destruction of property other than that of the assured, as a result of any one accident or cause $ 5,000.00. Each policy shall contain the following endorse- ment: "It is understood and agreed that before the insurance policy to which this endorsement is at- tached may be suspended or cancelled the City of Dubuque will be given ten (10) days prior written notice of such proposed suspension or cancellation It is further understood and agreed that the obliga- tion and policy of such policies shall -not be affected by' any act or omission of the named assured or any employee of the named assured with respect to any condition or requirement attached thereto, nor by any default of the assured in payment of premium or in the giving of any notice required by said policy or otherwise, nor by the death, insolvency, bankruptcy, legal incapacity or inability of the assured." Such policy shall be issued for a period cover- ing the life of the License applied for. Failure to keep such policy in full force and effect shall be cause for revocation of the License. - 4. The LICENSE TAG OR PLATE shall be fastened upon the vehicle and shall not be removed until the expiration of the License period. 5. No taxi cab shall be operated unless it is licensed nor shall any such cab be operated by an unlicensed driver or chauffeur. 6. The provisions herein relating to insurance policies and Licenses shall apply to vehicles rented out without a driver or operator. 7. A License plate issued for one vehicle 'shall not be attached or affixed to any vehicle' other than the one licensed. 8. SOLICITING PASSENGERS upon or along the streets by sign or signal shall not be permitted, but nothing herein shall prohibit the taking on of passengers upon the request of the same. 9. The Chief of Police, with the approval of the City Council, may set apart places upon the streets in the vicinity of depots, hotels or other places where taxi cabs may stand and where passengers may be solicited but nothing herein shall permit such soliciting to be made away from the cab or so as to subject the sidewalks to the annoyance or interference of traffic. Operating an unlicensed taxi cab or permitting a Licensed taxi cab to be operated by an unlicensed driver or chauffeur or driving a licensed or unlicensed taxi cab, without being a licensed chauffeur or violating any of the provisions hereof shall subject the offender to the penalty herein provided for. 10. TAXI CAB LICENSE. Motor vehicles or taxi cabs having.a capacity of ten (10) or less persons shall pay a License of $ 20.00 per year for each such vehicle. 11. MOTOR BUS LICENSE. Except motor buses operating under a franchise, the License for operating a motor bus or other vehicle used for the transportation of persons for hire and having a capacity of ten (10) or more persons shall be $ 25.00 per year for each such vehicle. 12•. CHAUFFEUR'S LICENSE. The chauffeur or driver of such cab shall wear upon his clothing the button or tag issued to him, for which he shall pay the sum of $1.50 per year. THEATERS 1. All rules, regulations and requirements of the Laws of the State of Iowa and the local Building Code relating to theaters, motion picture shows and exhibition halls shall be strictly com- plied with and such regulations are made a part of this ordinance by reference thereto. 2. THEATER LICENSE. The License for a theater, motion picture theater, opera house, building or hall used for public entertainments, exhibitions, shows or concerts having a seating capacity of less than Two Hundred and Fifty (250) shall be $25.00 per year; Theaters or halls, etc., having a seating capacity between Two Hundred and Fifty (250) and Four Hundred (400), $50.00 per year; Theaters or halls, etc. having a seating capacity between Four Hundred (400) and Eight Hundred (800), $75.00 per year; Theaters, halls, etc. having a seating capacity of over Eight Hundred (800), $ 100.00 per year. 3. LESSER PERIODS. Any person, firm or corporation starting in business after April 1st, for which an annual license is required, may apply for and have issued to him a license as provided by Section 5 of Ordinance No. 3--33. 4. REPEAL. All ordinances or parts of ordi- nances in conflict herewith are hereby repealed. 5. SAVING CLAUSE. In case any section, clause or provision of this ordinance be declared by a Court of Record to be invalid, such decision shall not affect the validity of this ordinance as a whole or any part thereof, other than the part so declared to be invalid. 6. GENERAL REGULATION. In all cases where the laws of the State of Iowa and --or the local Building Code contains regulations govern- ing the premises wherein the business herein enumerated or wherein any other business requir- ing a license. may be conducted, such laws and regulations shall have full force and effect in ad- dition to the regulations prescribed herein and it is not the intention of this Ordinance to limit, modi- fy or restrict any such provisions or regulations.• 7. MAY EXEMPT CERTAIN PERSONS. Disabled soldiers or sailors who have been honor- ably discharged from the United States Service or crippled, disabled or indigent persons may be ex- empted from the provision of this ordinance pro- viding they file an application with the City Council setting forth the grounds on which they request ex- emption. 8. PENALTY. Any person, firm or corpora- tion who violates any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($ 100) and in default of such fine and costs shall 67 be imprisoned for a period not exceeding Thirty (30) days in jail. Passed, adopted and approved upon final reading this 18th day of April, 1933. Amended 1/22/34; 2/7/38; 12/5/38; 4/12/39; 5/6/40; 12/16/46; 6/29/50. Ordinance No. 3-38. An Ordinance Requiring Pawn Brokers, Junk Deal- ers and Dealers in Secondhand Goods to Give Notice of the Purchase or Receipt of Mechanics' Tools and Equipment; Prohibiting the Purchase by Pawn Brokers, Junk Dealers and Dealers in Secondhand Goods of Any Property from Minors; Prescribing a Penalty for Violation Hereof; and Declaring an Emergency. Be it Ordained by the City Council of the City of Dubuque: Section 1. Every pawn broker, junk dealer or dealer in second-hand goods conducting their busi- ness in the City of Dubuque who shall purchase or receive from any person any tool or implement such as is commonly used by carpenters, brick- layers, plasterers, plumbers or other mechanics in the construction or erection of buildings shall, within 24 hours after the purchase or receipt of such tool or implement, give notice to the Chief of Police, Captain of Police or Police Sergeant at the Police Station in said City, stating the date on which said tool or implement was purchased or received and the name of the person from whom. same was purchased or received; and the pawn broker, junk dealer or dealer in second-hand goods so purchasing or receiving such tool or implement shall not sell or dispose of the same for a period of 48 hours after the notice above specified is given, and until the expiration of such time shall keep said tool or implement in his store, shop or place of business in such place that the same can be readily seen and examined. Section 2. Pawn brokers, junk dealers and second hand dealers shall not purchase or receive any property whatsoever from any minor under the age of 18 years; nor shall any pawn broker, junk dealer or secondhand dealer purchase or receive any property from any minor over the age of 18 years of age without first obtaining or receiving the written consent of parents or the guardian of said minor, which said written consent shall accur- ately describe the property to be sold by said minor, and consent to the sale of the same, and such consent shall be retained and preserved by the purchaser thereof, and shall be exhibited when re- quested by any sheriff, chief of police, constable, or police officer, or the parent or guardian of said minor. Section 3. Any person who violates the provis- ions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction shall be fined not to exceed $100.00 or imprisoned not to exceed 30 days in jail. Passed, adopted and approved upon final reading this 7th day of February, 1938. Amended 4/12/39. Ordinance No. 12-39. An Ordinance Providing for the Keeping of Records of the Purchase of Personal Property by Pawn Brokers, Junk Dealers and Secondhand Dealers; 68 'Prohibiting the Purchase by Pawn Brokers, Junk Dealers and Secondhand Dealers; of Per- sonal Property from Any Minors under the Age of 18 Years; or from Any Minor over the Age of 18 Years without the Written Consent of the Parent or Guardian of Said Minor; Prescribing a Penalty for Violation Thereof; Defining the Terms Used Herein; and Declaring an Emer- gency. Be it ordained by the City Council of the City of Dubuque; TERMS DEFINED. Section 1. The term "pawn broker" shall mean any person, firm or corpora- tion who makes loans or advancements upon pawn, pledge or deposit of personal property, or who re- ceived actual possession of personal property as security for a loan, or with or without a mortgage or bill of sale. The term "junk dealer" shall mean any person, firm or corporation who buys and/or sells, or collects junk, automobile parts or tires, of every kind and description, either as his or its main business or as incidental to some other business. The term "junk" shall mean scrap metals or machinery, rags, paper, bottles, tinware, furni- ture, used plumbing and electrical materials and fixtures, used automobile parts or tires, platinum, gold or silver, or any other article or thing usually bought, sold, or dealt with as junk. The term "secondhand dealer" shall mean any person, firm or corporation who buys, sells or deals in used or secondhand goods, wares, or merchandise, including metals, machinery, furni- ture, plumbing or electrical materials and fixtures. Section 2. From and after the effective date of this ordinance every pawn broker, junk dealer and secondhand dealer shall keep a record in the Eng- lish language, and in a book kept for that purpose in which shall be intelligently and accurately entered the time of purchasing or receiving each article of personal property purchased or received, and the following data: (1) The name of the person from whom the article of property was purchased or received, and his place of residence, showing street and number where possible. (2) A detailed and accurate description of each article purchased or received. (3) A statement giving the nature of the trans- action and whether the article or property was received in purchase or as security; (4) The weight or quantity of each article pur- chased or received; (5) The amount paid for or loaned on each article of property purchased or received; (6) The date and hour of each transaction and if said article of property was received as security the expiration date of the period of redemption thereof; (7) The time when and the person to whom such article of property was disposed of, if sold, or the time when, and the name of the person who re- deemed the same, if said property was taken as security. Such record or book shall be open to public inspection by any sheriff, chief of police, constable or police officer. Failure to keep such record book, or making false entries therein, or refusal to produce the same when requested by the persons entitled to inspect the same, .shall subject the of- fender to the penalty hereinafter provided. Section 3. No pawn broker, junk dealer, second- hand dealer, and no clerk, agent or employee of any pawn broker, junk dealer, or secondhand dealer shall purchase or receive from any minor, under the age of 18 years any junk, used or secondhand furniture, fixtures, goods, wares or merchandise, or any property of any kind or character whatso- ever; no pawn broker, junk dealer, secondhand dealer, and no clerk, agent or employee of any pawn broker, junk dealer or secondhand dealer shall purchase or receive any property of any kind or character whatsoever from any minor over the age of 18 years, without first obtaining and re- ceiving the written consent to the purchase or receipt of said property, signed and executed by the parent or guardian of said minor, which said consent shall describe the property being re- ceived or purchased, and consent to the sale there- of by said minor, and such consent shall be re- tained and preserved, and shall be exhibited when requested to by any sheriff, chief of police, con- stable or police officer, or the parent or guardian of said minor. - Section 4. Any person, firm or corporation who violates any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not to exceed One Hundred ($100.00) Dollars, or imprisoned not to exceed thirty (30) days in jail. Passed, adopted and approved upon final reading this 12th day of April, 1939. Ordinance No. 21-42, An Ordinance Regulating and Prohibiting the Oper- ation of Roller Skating Rinks in Certain Places in the City of Dubuque, Describing Roller Skat- ing Rinks, Providing for Revocation of License, for a Penalty for the Violation Hereof and Repealing any and all Ordinances or Parts Thereof in Conflict herewith. Be it Ordained by the City Council of the City of Dubuque; Section 1. It shall be unlawful for any person, firm or corporation to conduct in the City of Dubuque a roller skating rink, unless the written consent of 80 per cent of the resident property owners within Two' Hundred (200) feet from the location of said roller skating rink is first secured and filed in the office of the City Clerk. Section 2. A roller skating rink, within the meaning and intent of this Ordinance is hereby defined to be any room, place, floor, or space in which roller skating is conducted or allowed, and where admission can be had by the payment of a fee or by purchase, possession or presentation of a token or ticket, or in which a charge is made for the care of clothing or other property, or for the rental of roller skates, or where the public generally may gain admission with or without the payment of a fee for roller skating. Section 3. By "resident property owner" is meant the owner or owners of property that is being occupied by people as homes, or places in which to live. Section 4. The license of any roller skating rink shall be revoked by the City Manager for dis- orderly or immoral conduct on the premises or for the violation of the provisions of this Ordinance. If at' any time the license of a roller skating rink shall be revoked, at least six months shall elapse before another license shall be granted for the use of the same premises as a roller skating rink. Section 5. Every roller skating rink shall be kept at all times in a clean, healthful and sanitary condition, and while any skating is held therein, the entire skating rink and all rooms connected there- with, and all sidewalks and passage ways leading into such rink shall be kept open and well lighted at all times. Section 6. Any person, firm or corporation con- ducting or operating a roller rink shall not permit in such rink or on the premises on which such rink is situated: (a) The presence of any person sixteen (16) years years of age or less after 9:30 o'clock p.m. of any day unless accompanied by his or her parent or lawful guardian, provided, however, that the pro- visions of this Paragraph (a) shall not apply to any roller skating ,rink in any permanent enclosed building which has been built especially for the pur- pose of conducting a roller skating rink. (b) The use of any intoxicating liquor or drug. (c) The presence of any person under the in- fluence of intoxicating liquor or drug. (d) The presence of any person having in his possession or offering for sale, selling or giving away, any intoxicating liquor or drug. (e) -The presence of idlers, loiterers, or other hanger s -on. Section 7. No loud or unusual noises shall be permitted upon said premises, now shall any music be played unless such music shall be so controlled as not to constitute a nuisance. Section 8. All public roller skating rinks shall be closed on or before the hour of 10:30 o'clock on each and every night and no such public roller skating rink shall be open or any skating permitted between such closing hour and the hour of 2:00 o'clock p.m. next following, provided, however, that any roller skating rink operated in any permanent building which has been built especially for the purpose of conducting a roller skating rink therein may be and remain open between the hours of 9:00 o'clock A. M. and 12:00 o'clock midnight on week- days and between the hours of 12:00 o'clock noon and 12:00 o'clock midnight on Sundays. Section 9. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 10. Any person, firm or corporation who violates any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $ 100.00 and in default of such fine shall be im- prisoned for a period not exceeding 30 days. Passed, adopted and approved upon final reading this 15th day of August, 1942. Amended 2/7/49. 69 CHAPTER XI Beer Ordinance Ordinance No. 9-35. An Ordinance Providing for the Issuance of Class "B" and Class "C" Beer Permits and for the Revocation of the Same; Fixing Permit Fees; Prescribing Rules and Regulations Governing the Operation of Places Where Beer is Sold and Consumed Pursuant to Such Permits; Restricting Dancing and Providing a License Therefor: Repealing all Ordinances Heretofore Enacted Governing This Subject; Providing a Penalty for Violation Hereof; and Declaring an Emergency. Be it Ordained by the City Council of the City of Dubuque: SALE OF BEER. Section 1. Before any person or persons, firm or corporation shall engage in the business of selling beer, at retail, as defined by the laws of Iowa, a Class "B" or Class "C" Permit, as the case may be, shall be secured from the City Council and State Permit Board. PERMIT DEFINED. Section 2. A "Class B Per- mit" shall allow the holder thereof to sell at retail beer for consumption on or off the premises. A "Class C Permit" shall allow the holder thereof to sell at retail beer for consumption off the premises in the original containers. EXPIRATION OF PERMITS. Section 3. All Class "C" Permits shall expire at the end of one year from the date of issuance. All Class "B" Permits, except permits issued to golf or country clubs, shall expire on July 1, 1935, and any such permits issuedthereaftershall expire at the end of one year from the date of issuance. Class "B" Per - Permits issued to Golf or Country Clubs for one year shall expire on July 1st, after the date of issuance, but where such permits are or have been issued for a six months period, they shall expire at the end of such period. TO WHOM ISSUED. Section 4. Permits shall be issued only to persons who are citizens of the State of Iowa and who are of good moral character and repute. The term "Citizen" shall include a corpor- ation organized and existing or permitted and authorized to do business under the laws of this State. The term "good moral character" shall not include any person, firm or corporation, who, pre- ceding the making of an application for a permit, has been found guilty of violating any of the pro- visions of the beer laws or any of the intoxicating liquor laws of the State or who has been convicted of a felony or an indictable misdemeanor. APPLICATION FOR CLASS "B" PERMIT. Section 5. Before a Class "B" Permit can be issued an application therefor must be filed with the City Manager upon a form duly prepared for that purpose. An affidavit of some disinterested person shall be attached thereto vouching for the good moral character of the applicant. The re- quired permit fee shall accompany the application. The Manager shall forthwith submit such applica- tion to the Chief of Police whose duty it shall be to 70 make a report, in writing, to said Manager. There- upon such application and report shall be submitted to the City Council which shall approve or deny the same within 30 days thereafter. If the application is approved, and before the permit is issued, it shall be the duty of the Building Commissioner and Health Director to inspect the premises with a view of determining whether the same conforms in all respects with the requirements herein pro- vided, and no permit shall be issued unless or until an approving report has been filed by such officers, and a bond, in the form prescribed by the Treasurer of State, in the sum of $ 500.00 shall be filed and approved by the City Council. Said bond shall be further conditioned to the effect that the permittee and his surety, as a part of the permit granted hereunder, shall consent to forfeiture of the principal sum of said bond in event of cancellation of the permit as a result of charges filed and hear- ing had thereon as provided by the Statutes of Iowa and the Ordinances of the City of Dubuque. APPLICATION FOR CLASS "B" CLUB PERMIT. Section 6. Before a Class "B" Club Permit can be issued an application therefor must be filled with the City Manager upon a form duly prepared for that purpose. Such application must be executed by the president and attested by its secretary or other similar officers performed by a president or secre- tary and shall state under oath; (A) The name of the club and the location of the premises occupied by it. (B) The names of the officers of the club. (C) Whether or not the buildings occupied by the club are wholly within the corporate limits of the City. (D) The time when such club was formed. (E) The purposes for which the same was formed and is maintained. (F) The number of bona fide members paying dues and the amount thereof. There shall be attached to such application a copy of the Articles of Incorporation and a certified copy of the Resolution stating therein that such application has been approved by a majority of the bona fide members of the club who were present at a regular or special meeting called to consider the same. The required permit fee shall accompany the application. When such application with attached documents is filed, the Manager shall submit the same to the Council. The Council shall grant or refuse the same within 30 days thereafter. If the Council shall determine to its satisfaction that (1) the building or buildings occupied or proposed to be occupied by the club are wholly within the territorial limits of the City; and (2) that said club is not a proprie- tary club or operated for profit; and (3) that said club is a corporation of Iowa and its charter is in full force and effect and/or is a chartered branch of a nationally incorporated organization; and (4) that such club was in operation on the 1st day of January, 1934, or being thereafter formed, was in continuous operation as a club for at least two years immediately prior to the date of its applica- tion; and (5) that such club has a permanent local membership of at least fifty adult members; and (6) that the application was approved by a majority of the bona fide members thereof who were present at a regular or special meeting called to consider the same; and (7) that such club has not been formed merely for the purpose of securing a beer permit; then, and in such event, the Council may approve the application, otherwise, the same shall be denied. If the application is approved and before the permit is issued, a bond, in the form prescribed by the Treasurer of the State, in the sum of $ 1000.00 shall be filed and approved by the City Council. Beer shall be sold, served or dispensed only to bona fide club members and their families. Section 7. No Class "C" Permit shall be issued to any person except the owner or proprie- tor of a grocery store or pharmacy as those terms are hereinafter defined. Except as otherwise pro- vided in this Ordinance a Class "C" Permit shall be issued by the City Council to any person who is the owner or proprietor of a grocery store or pharmacy, who: 1. Submits a written application for a permit, which application shall state under oath: a. The name and place of residence of the applicant and the length of time he has lived at such place of residence. - b. 'That he is a citizen of the State of Iowa. c. The place of birth of the applicant and if the applicant is a naturalized citizen, the time and place of such naturalization. d. The location of the place or building where the the applicant intends to operate. e. The name of the owner of the building and if such owner is not the applicant that such applicant is the actual lessee of the premises. 2. Establishes; a. That he is a person of good moral character. 3. Furnishes a bond in the form and conditioned as prescribed and to be furnished by the state tax commission, with good and sufficient sureties to be approved by the authorities to which such applica- tion.is submitted, conditioned upon the faithful ob- servance of this Ordinance, in the sum of five hun- dred dollars. "Grocery store" means and includes any retail establishment, the principal business of which consists of the sale of food or food products for consumption off the premises. "Pharmacy" shall mean a drug store in which drugs and medicines are exposed for sale and sold at retail, or in which prescriptions of licensed physicians and surgeons, dentists or veterinarians are compounded and sold by a registered pharma- cist. RESOLUTIONS APPROVING APPLICATIONS AND DIRECTING ISSUANCE OF PERMITS. Section 8. Applications for all types of permits shall be approved by a resolution of the Council. Permits shall be issued by the City Manager only after a Resolution has been adopted by the Council directing him to issue the same. NOTICE OF ISSUANCE OF PERMIT. Section 9. When a permit has been issued, or transferred fro n one location to another, the City Manager shall immediately notify the State Permit Board of such fact, giving the name of the permittee, the location of the premises, and the date of issuance and number of the permit. STATE PERMIT FEE. Section 10. Before a permittee shall begin operation under the permit granted by the Council, he shall secure a permit from the State Permit Board by the payment of Three Dollars, as provided by law. NOTICE OF REVOCATION OF PERMIT. Section 11. When a permit is revoked by the Council, notice of such fact shall immediately be given to the State Permit Board by the Manager. RENEWAL. Section 12. A Class "B" or Class "C" Permit may be renewed upon its expiration. To affect a renewal the permittee shall file an application as in the first instance and shall ac- company the same with the prescribed fee and a duly executed bond. Such application a'nd bond shall be presented to the City Council for approval. REFUND. Section 13. Where permits expire on July 1, 1935, as herein provided, the permittee shall be entitled to a refund from the General Fund in an amount proportionate to the unexpiredterm of the permit. ALLOCATION OF FEES. Section 14. All per- mit fees collected hereunder shall be allocated to the General Fund. FEES. Section 15. That from and after the first day of July, 1939, the following annual permit fees shall be exacted and paid in advance for class "B" and class "C" permits: (A) For a class "C" permit, Twenty-five ($25) Dollars. (B) For a class "B" golf or country club permit, Two Hundred Dollars ($200) except where the per- mit is issued for six months in which event it shall be One Hundred ($100) Dollars. (C) For a class "B" club permit Three Hundred ($300) Dollars. (D) For a class "B" tavern permit, Two Hundred ($200) Dollars. (E) For a class "B" hotel permit, where the hotel has one hundred or more guest rooms, Two Hundred fifty ($250) Dollars. (F) For a class "B" hotel permit where the hotel has less than one hundred guest rooms, Two Hundred ($200) Dollars. Section 15 A. That in all cases where an annual class "B" license or permit is issued from and after the effective date of this ordinance and prior to the first day of July, 1939, the permit fees to be exacted and paid for such class "B" licenses or permits shall be computed and exacted and paid as follows: (a) For a class "B" golf or country club permit at the rate of Eight and 33-100 ($8.33) Dollars per month from the date of issuance of said license to July 1, 1939, and at the rate of Sixteen and 71 67-100 ($16.67) Dollars for each month from and after July 1, 1939, to the date of expiration of said license or permit. (b) For a class "B" club permit, at the rate of ,Eight and 33-100 ($8.33) Dollars per month from the date of issuance of said license to July 1, 1939, and at the rate of Sixteen and 67-100 ($16.67) Dollars for each month from and after July 1, 1939, to the date of the expiration of said license or permit. (c) For a class "B" tavern permit at the rate of Eight and 33-100 ($8.33) Dollars per month from the date of issuance of said license to July 1, 1939, and at the rate of Sixteen and 67-100 ($16.67) Dollars for each month from and after July 1, 1939. (d) For a class "B" hotel permit, where the hotel has one hundred or more rooms, at the rate of Twelve and 50-100 ($12.50) Dollars per month from the date of issuance of said license to July 1, 1939, and at the rate of Twenty and 83-100 ($20.83) Dollars for each month from and after July 1, 1939. (e) For a class "B" hotel permit where the hotel has less than one hundred rooms, at the rate of eight and 33-100 ($8.33) Dollars per month from the date of issuance of said license to July 1, 1939, and at the rate of Sixteen and 67-100 ($16.67) Dollars for each month from and after July 1, 1939. TRANSFERS. Section 16. Before a permit can be transferred from one location to another, an application therefore must be made as in the case of an original application and all provisions here- of relating to original application shall apply, except as to the good moral character of the ap- plicant, and a transfer fee of Twenty-five Dollars shall be exacted and paid. LOCATION AND RESTRICTIONS. Section 17. The following provisions shall be complied with as to surroundings and conditiops under which Class "B" permittees shall operate: • (A) The location of the building shall be within a business district now or hereafter zoned as such. (B) The part of the building wherein the business is being operated shall be on the first floor and no other part of the building shall be used in connec- tion therewith; provided, however, that this pro- vision shall not apply to hotels or clubs, nor to restaurants, department or confectionery stores, or places where bowling alleys or public recrea- tion centers were in operation when this ordinance was adopted, and whose main business is other than the sale of beer, nor to any place of business which is now being operated on the second floor of a building by the holder of both a Class "B" permit and a "DINE AND DANCE" Permit, (B-1) No dancing shall be permitted in connec- tion with the operation of a beer business under a Class "B" license unless the floor space used for dancing purposes therein contain at least five hun- dred square feet, all of which shall be of the same general floor level as the place where the beer is dispensed; said space to be used for dancing shall be in the same room as, or in a room adjacent to and opening directly from, the place where beer is dispensed and with a full view at all times of the major portion thereof from the place where beer is 72 dispensed. Said floor space shall not be obstructed or crossed in any part or portion by partitions or other obstructions of any kind, except necessary structural posts, pillars or similar supports. (B-2) It is further provided that the holder of a Class "B" license where dancing shall be permitted in connection therewith as herein provided, shall, at his own expense, provide for the attendance thereat, at all times during the hours when dancing is permitted, or a policeman who shall be a mem- ber of the regularly constituted police force of the city, said officers shall wear the regulation police officer's uniform of said city; the provisions of sections B-1 and B-2 of this Ordinance shall not apply to any club holding a Class "B" Permit under this Ordinance or to hotels with fifty or more guest rooms where the operator thereof holds the Class "B" license in connection with which dancing is permitted. (B-3) No booths shall be permitted or used in connection with the operation of a beer business under any Class "B" license issued in the City of Dubuque, unless the same are entirely open at one side with an unobstructed view therein from the rest of the room. The total height of any booth structure shall not exceed forty (40) inches, pro- vided, however, that any person who is the holder of a Class "B" permit on the date when this Ordi- nance shall become effective, and whose place of business is, on said date, equipped with booths of a greater height than forty (40) inches, but not to exceed fifty (50) inches, shall be permitted to con- tinue the use of the same for such period of time as said business is operated by him. In no event, however, shall any booth structure be of greater height than fifty (50) inches and no booths installed in the place of business of any Class "B" permit holder on or after the date when this Ordinance shall become effective, shall exceed forty (40) inches in height. (B-4) The place of said business shall be lighted so that all objects are plainly visible at all times, and all parts of such place of business shall be illuminated to a minimum of two foot candles as measured by a foot candle meter at a plane of thirty inches above the floor tine. (C) There shall be no curtains, screens, paint- ings or other obstructions on the doors or windows at any time so as to prevent a full view of the in- terior of the room where the bar fixtures are lo- cated. (D) All parts of the building wherein beer is sold or consumed and dispensed shall be lighted with white globes of sufficient candle power to illuminate the interior. (E) Beer may be served upon the premises of the permittee outside of the building for which the per- mit has been issued, but the source of supply shall be maintained in the building. Provided, however, that additional sources of supply may be established and maintained upon the. premises of a permittee outside of the building upon the following conditions: When making the original application for a permit, for the building, the applicant shall state therein that he desires a Class "B" Permit for the building and also for the premises outside of the building and the number of sources of supply he proposes to use for such purpose and he shall pay a permit fee of $ 100.00 for each of such sources of supply in addition to the permit for the building, and if dancing is to be conducted upon such premises a "dine and dance° license shall be secured therefor, as herein provided. (F) The place must be equipped at all times with tables and seats sufficient to accommodate twenty- five people at one time. (G) Food for consumption with beer must be pro- vided. (H) The permittee, his agent or servant, shall not give any beer, or promote the sale of beer by the gift of any lunch, meal or articles of food, ex- cept pretzels, cheese or crackers. Section 18. No beer shall be sold or delivered or consumed by any person on the premises of any Class "B" Permit holder between the hours of twelve o'clock midnight on Saturday and seven o'clock of the following Monday morning. Section 19. It shall be unlawful for any person to sell, give or make available to any minor or to permit any minor to purchase or consume any beer on the premises of a Class "B" or Class "C" Per- mit holder, or for any minor to buy or attempt to buy or to secure or attempt to secure beer from any person, and it shall further be unlawful for any person to offer beer, w ith or without considera- tion to any minor, except within a private home and with the knowledge and consent of the parent or guardian of said minor. SANITARY REQUIREMENTS. Section 20. The following shall be exacted as minimum sanitary requirements in all places for which Class "B" Permits are issued: (A) Every part of the building where beer is sold, dispensed, and consumed shall be maintained in a clean and sanitary condition at all times. (B) Vessels used for drinking shall be cleansed and sterlized in the following manner: After use, the vessels shall be rinsed either in running water from a water tap connected with City water supply or in a clean sink filled with water having a capac- ity of at least 5 gallons. The water in such sink shall be changed often enough so as to prevent the same from becoming foul. The vessel shall then be immersed for at least a minute in a bath containing a chlorine solution furnished from sterilizers of sodium hyperchlorite, or powder form, having at least 100 parts per 1,000,000 of pure chlorine. This solution shall be contained either in an enamel pan, or in a separate tank, impervious to the action of chlorine and shall be changed at least twice a day. It shall be made fresh every morning and evening. The vessel shall then be placed upon a drain board, top down, until dry. If, however, it is to be used before it is dry, it shall be rinsed in a third sink containing clear water. - (C) Washing sinks shall be properly piped and connected to the sewer so as to carry the waste water away from the premises. If for some reason such connection is not possible or practicable, other means may be authorized as the Board of Health may consider sanitary and proper. (D) All drinking vessels shall be washed daily in hot water containing a washing compound and shall then be immersed in a chlorine solution and dried with a clean towel. (E) Chlorine solution shall be used as a disinfectant and deodorant in kitchens, refrigera- tors, toilet bowls and lavatories. (F) Toilet facilities shall be provided for the convenience of patrons. Where men and women frequent such places, separate toilets and washing lavatories shall be provided for each sex, having entrances thereto as far apart as possible. Each toilet room shall be plainly marked so as to distin- guish one from the other. Where two or more toilet compartments are adjacent to each other, the partitions, separating the same, shall extend from the floor to ceiling and be built of sound -proof con- struction. In case the exterior walls enclosing a toilet do not extend to the ceiling, then such walls shall extend at least 8 fit. from the floor and the whole enclosure shall be covered with a ceiling. In such case, the interior partition shall extend to such ceiling. All toilets and washing lavatories shall be piped, connected with the sanitary sewer. Where a sanitary sewer does not exist, such connections shall be made to a properly installed septic tank. (G) Toilet rooms shall be ventilated either by a window having an area of at least 4 sq. feet through an outside wall or by a skylight, having an area of at least 4 sq. feet equipped with a proper ventilator. Where a window or skylight cannot be installed, a vent stack of appropriate size shall be erected through the roof or the same may be connected to an unused chimney leading to the roof. (H) Toilet rooms shall be lighted at all times by means of natural or artificial facilities. (I) Toilet rooms shall be kept free from adver- tising signs or placards and from indecent writings and drawings. DANCING. Section 21. Dancing between the sexes shall be allowed in places operating under Class "B" Permits providing the following re- quirements are complied with: (A) At least 500 sq. ft. of floor space, exclusive of fixtures, booths, chairs, and tables, shall be provided and maintained, on the same floor where beer is sold, dispensed and consumed. (B) A "Dine and Dance" license shall be secured for which an annual fee of $25.00 shall be exacted and paid in advance. Such license shall be issued only to a Class "B" beer Permit Holder. SAME. Section 22. Dancing shall not be per- mitted on Sunday nor on other days except between the hours of 11 o'clock A. M. and 1 o'clock A. M. the following day. SAME. Section 23. Dancing shall be conducted in a quiet, orderly and peaceful manner and without disturbance or annoyance to the surrounding neighborhood. SAME. Section 24. A "Dine and Dance License" may be revoked whenever improper or disorderly conduct is permitted in the place and shall be re- voked when and if the beer permit for the same place is revoked. There shall be no refund allowed on such licenses. CLOSING HOURS. Section 25. The sale or con- sumption of beer in places operating under Class "B" Permits of all descriptions shall not be per- mitted from 12 o'clock midnight on Saturday until 73 7 o' clock on the following Monday morning nor between the hours of 1 o'clock A. M. and 6 o'clock A M. on other days or the week. These same hours shall apply to the sale or delivery of beer by Class "C" Permit Holders. LIQUOR ON PREMISES. Section 26. No liquor for beverage purpose, having an alcoholic content greater than 4% by weight, shall be sold, dispensed, given away or used in any place operating under a Class "B" permit, nor shall any such liquor be kept on the premises of such permittee at any time; except drug stores regularly and continuously employing a registered pharmacist, which have alcohol in stock for medicinal purposes. LABEL. Section 27. No beer shall be sold unless the bottle, keg or other container in which it is sold shall bear a label reading: "This beer does not contain more than 4% of alcohol by weight." MINORS. Section 28. Minors shall not be per- mitted to serve beer or be employed in serving beer in the place of any permit holder in which the business of selling beer constitutes more than 50% of the gross business transacted therein. CONSUMPTION ON STREETS. Section 29. No person shall drink or consume beer upon the pub- lic streets or highways, or in automobiles or other vehicles on said streets or highways. REVOCATION OPTIONAL. Section 30. When- ever it shall appear to the Council that the holder or holders of any Class "B" or Class "C" permit has: (A) Violated any of the provisions of the State Beer law; or (B) Biolated any of the provisions of this ordi- nance; or (C) Permitted the place of business to be con- ducted in a disorderly manner, as herein defined, said Council may revoke the per- mit. When a permit has been revoked for any of the foregoing causes no new permit shall be granted to the same party within one year thereafter and the Council may, at its discretion, refuse to issue a permit for the same premises for a period of one year thereafter. REVOCATION MANDATORY. Section 31. When- ever it shall appear to the Council that the holder or holders of any Class "B" or Class "C" permit,. has been: 74 (B; (C) (D) (E) Convicted of a felony; or Convicted of the sale of beer contrary to the State Beer Law. Convicted of bootlegging; or Convicted of the sale of liquor contrary to law, or Convicted of violating any of the provisions of this Ordinance the Council shall revoke such permit. When a permit has been re- voked for any of the foregoing causes, the holder or holders of such permit shall not again be allowed to secure a permit nor shall a person whose permit has been re- voked be an employee of any person engaged in the manufacture, distribution or sale of beer, and the Council may, at its discretion, refuse to issue a permit for the same prem- ises for a period of one year thereafter. "DISORDERLY CONDUCT" DEFINED. Section 32. The holder of a permit shall be deemed to con- duct his place of business in a disorderly manner whenever intoxicating liquor, other than legal beer, is sold, kept, dispensed, given away or permitted to be consumed in, about, or upon the premises having a beer permit, except in the case of drug stores regularly and continuously employing a registered pharmacist, which have alcohol in stock for medicinal and compounding purposes; or whenever beer is sold to or permitted to be consumed by persons under 21 years of age in such place of business; or wherever beer is sold or consumed in such places of business during the hours when the sale or consumption thereof is pro- hibited hereby; or whenever dancing in such places of business having a "dine and dance license" is carried on in violation hereof; or when loud, boisterous and disorderly noises or actions are permitted in such places; or whenever immoral or intoxicated persons are permitted to frequent, solicit, pander or loiter in or about such places of business or in places or rooms conducted in connection therewith; or wherever gambling or gambling devices are maintained or operated therein, or wherever the mixing of liquors with beer or non -intoxicating beverages is permitted. The holder of the permit shall beresponsible for the conduct of his business, whether the same is actively conducted by him or by his employees. BOTTLING. Section 33. Beer for sale shall be bottled only by holders of Class "A" Permits. The premises where Class "A" Permits are in opera- tion shall be approved by the Board of Health, whose duty it shall be to inspect the same. SAVING CLAUSE. Section 34. If any section, subsection, clause, sentence or phrase of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance. PENALTY. Section 35. Any person, firm or corporation who violates any of the provisions hereof, in addition to having his permit revoked, shall, upon conviction, be punished by a fine of not to. exceed $100.00 or imprisonment not to exceed 30 days in jail. REPEALING CLAUSE. Section 36. All ordi- nances heretofore enacted upon this subject, shall be and the same are hereby repealed. EFFECTIVE DATE OF CERTAIN PROVISIONS. Section 37. Class "B" Permit holders are hereby granted until July 1, 1935, to make whatever changes in their places of business as are neces- sary to comply with Section 18 hereof relating to SANITARY REQUIREMENTS, but no permit shall be granted after that date until and unless such requirements are fully complied with. Passed, adopted and approved upon final reading this 14th day June, 1935. Amended 11/17/35; 8/1/38; 8/18/38; 5/13/40; 7/7/41; 9/24/43; 4/3/45; 11/19/45. CHAPTER XII Nuisances Ordinance No. 57. An Ordinance Declaring the Emission of Dense Smoke within the City of Dubuque a Public Nuisance, Prohibiting the Same and Providing for the Appointment of a Smoke Inspector. Be it Ordained by the City Council of the City of Dubuque: NUISANCE. Section 1. The emission of dense smoke from the smoke stack of any locomotive or engine, or from the smoke stack of any station- ary engine, or from the smoke stack, chimney or fire -place of any building or plant anywhere within the City shall be deemed, and is hereby declared to be a public nuisance, and is hereby prohibited, except as hereinafter provided. WHO RESPONSIBLE. Section 2. The owner or owners of any locomotive engine, and the general manager, superintendent, yard -master or other officer of any railroad company having charge or control of the operation of any locomotive engine, who shall cause, permit or allow dense smoke to issue or be emitted from the smoke stack of any such locomotive engine within the City, except as hereinafter provided, shall be deemed and held guilty of creating a public nuisance, and of viola- ting the provisions of this ordinance. SAME. Section 3. The owner, lessee or occu- pant of any building or plant, and the fireman, engineer or any other person having charge or con- trol of any furnace, fire -place or stationary engine, who shall cause, permit or allow dense smoke to issue or be emitted from the smoke stack, fire- place or chimney of any such building or plant, or from the smoke stack, fire -place or chimney con- nected with any such plant, furnace or stationary engine within the City of Dubuque, except as here- inafter provided, shall be deemed and held guilty of creating a public nuisance, and of violating the provisions of this ordinance. SMOKE INSPECTOR. Section 4. There is here- by established a Department of Smoke Inspection, the head of which shall be known as the Smoke In- spector. APPOINTED. Section 5. The Council shall appoint the Smoke Inspector who may be a person already holding office or in the employment of the city, if the council so elects. His salary shall be fixed by the Council. Pending the appointment of such smoke inspector, his duties shall be per- formed by the Chief of Police. ABATEMENT COMMITTEE. Section 6. The mayor shall appoint a smoke abatement committee, composed of five (5) members, who may or may not be members of the Council, and shall act as ad- visors to the smoke inspector in the conduct of the department. The smoke inspector shall at all times receive, place and keep on file in his office all suggestions, recommendations, advice and other communications which may be presented to him in writing by the smoke abatement committee. The members of the smoke abatement committee shall serve without pay. EQUIPMENT. Section 7. The City shall provide such instruments, books, papers and equipment as shall be necessary for the proper performance of the the duties of the smoke inspector, and he shall have charge of such instruments, books, papers and equipment, and shall deliver the same to his suc- cessor in office. RECORDS. Section 8. The smoke inspector shall cause to be kept in his office a complete record of all complaints filed and of all examina- tions of plants made. He shall make a report of the work of his department to the Council, annually, on or before the first day of March, and at other times as often as required by mayor or city coun- cil. TERMS DEFINED. Section 9. For the purposes of this ordinance "Chart" when used means Ringel- mann' s Smoke Chart as published and used by the United States Geological Survey. "Dense Smoke" means smoke of a degree of density of No. 3 of Ringelmann's Chart, or greater. "Stack" means any chimney, smoke stack or other structure whether of brick, metal or other material intended for the emission of smoke. Smoke -stacks on locomotive round houses shall be deemed stacks and a part of the locomotive be- neath them for the time being. HOW APPLIED. Section 10. The emission of dense smoke of a degree of density of No. 3 of the Chart of greater, for more than six (6) minutes in any one hour from any stack, chimney, smoke stack or other structure for the purpose of emitting smoke, except as hereinafter provided, is hereby prohibited; provided, that the stacks of locomotives moving trains of six cars or more may be permit- ted to emit smoke in any five minute period for twenty (20) seconds in excess of that already pro- t vided for in this act, and that stacks of locomotives in and about round houses may emit smoke of a degree of density of No. 3 of the Chart or greater for sixty (60) minutes during the period when the fire is being built or rebuilt after cleaning the boiler. The number of minutes or seconds during which the smoke may be emitted in any period aa provided in this section shall be deemed to mean the aggregate number of minutes or seconds, and such minutes or seconds need not be consecutive. DISTRICTS. Section 11. The council may by resolution divide the City into districts and may except from the provisions of this ordinance brick and tile kilns or other plants within districts out- side of the central part of the City. ENFORCEMENT. Section 12. It shall be the duty of the Smoke Inspector to enforce the provis- ions of this ordinance upon his own initiative and also to investigate all complaints made by others with reference to any violations thereof. Upon the filing with said inspector of a complaint, it 75 shall be his duty to proceed at once to take observations of the stacks or chimneys complained of, testing the density of the smoke by the Chart hereinbefore referred to, and it shall be his duty to keep a record of all such observations, which observations and records shall be open to public inspection at reasonable time and under reasonable regulations. It shall be the inspector's duty to prosecute all persons violating the provisions of this ordinance regulating the emission of dense smoke, and in all cases where the punishment by fine fails to abate the nuisance, he shall cause to be brought in the District Court in and for Dubuque County, an action for the abatement thereof. All such prosecutions shall be in the name of the City of Dubuque. TEMPORARY PERMITS. Section 13. Temporary permits for the emission of smoke covering periods not exceeding six months, may be granted by the council to any person duly applying for the same and satisfying the council that he will make changes or improvements to prevent the emission of smoke in violatidn of the provisions thereof, but no per- mits shall be granted unless the council is satisfied that public convenience requires it, and permits so granted shall be for a period not exceeding six months. PENALTY FOR VIOLATION. Section 14. Any person, firm or corporation violating any of the provisions of this ordinance, except as herein other- wise provided, shall be fined•not less than $10.00 nor more than $100.00 for each offense. 1919 Revision Ordinance No. 25-39. An Ordinance Prohibiting Weeds and Noxious Growths upon Lots and Parcels of Land within the Limits of the City of Dubuque, Providing for the Destruction of the Same, and Punishing the Violation thereof, Be it Ordained by the City Council of the City of Dubuque; Section 1. That it shall be unlawful for any per- son, firm or corporation owning property within the limits of the City of Dubuque to permit any weeds of any variety and noxious growths to grow thereon and it shall be the duty of every such owner of lands to cut said weeds and noxious growths between the 15th day of July and the 15th day of August of each year so that said weeds may not be permitted to bloom or blossom or go to seed. Section 2. The terms "Weeds and Noxious Growths" shall be taken to mean weeds of all varieties and especially quack grass, Canadian thistle, cocklebur, wild mustard, sour or curled dock, smooth dock, buckhorn or ribbed plantain, wild parsnip, horsenettle, velvetweed, or button - weed, burdock, shoofly, wild carrot and Russian thistle. Section 3. Any owner of lands who fails to cut and remove said weeds or noxious growths from his land or permits said weeds to bloom, blossom or go to seed within the time above stated, shall be fined for each lot or parcel of land upon which said weeds are permitted to grow, a sum not to ex- ceed one hundred ($100.00) dollars or imprison- ment not to exceed thirty (30) day -s, and it shall be 76 the duty of the Street Commissioner to report all violations of this Ordinance. Passed, adopted and approved this 30th day of June, 1939. Ordinance No. 87. An Ordinance Providing for the Removal of Surface Water, Authorizing the Filling and Draining of Land of Stagnant Water, and Relating to Ravines and Surface Drains. Be it Ordained by the City Council of the City of Dubuque: POWER OF COUNCIL. Section 1. That the Council may at any time, by resolution, order any piece of land or lot upon which water at any time becomes stagnant to be filled to such height, or to be drained in such manner, and within such time as the Council, in said resolution, shall direct. OWNER SHALL COMPLY WITH ORDER. Section 2. It shall be the duty of the owner of such piece of land or lot; or his agent, after service on him of a copy of such resolution, or after a publica- tion for two consecutive weeks in some newspaper of general circulation in said city, to comply with the directions of said resolution within the time therein specified, and in case of failure or refusal to do said work, it may be done at the expense of the City, and the amount of money expended there- for shall be a debt due to the City from the owner of said property, and shall also be a lien on said piece of land or lot from the time of the adoption of said resolution. MAY LEVY SPECIAL ASSESSMENT. Section 3. The expense of filling any such piece of land or lot may be levied as a special tax thereon; said levy shall be by resolution, and said tax shall be col- lected in the manner provided for the collection of other special taxes. MAY ORDER OBSTRUCTION REMOVED. Section 4. The Council shall have power to require the owner or lessee of any lot, part of a lot, or tract of ground extending into, across, or bordering on any hollow or ravine which constitutes a drain for surface water, or a water course of any kind, who shall, by grading or filling of such lot, part of a lot or tract of ground, obstruct the ordinary flow of water through such ravine or water course, to build or construct, to the extent of such lot or filling, such a drain or passageway for water, as the Council may by resolution designate. PENALTY FOR VIOLATION. Section 6. In all cases where the owner of lessee of any lot, part of a lot, or tract of ground extending into, across, or bordering on any hollow or ravine which con- stitutes a drain for surface water, or water course of any kind, shall, without constructing a suitable drain, fill or grade said lot, part of a lot, or tract of ground so as to obstruct the flow of water through such water course and cause such water to accumulate on any street, alley, public place, or private lot or ground, to such an extent as to allow such water to become stagnant, he shall be considered as having caused a nuisance, and be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine of not less than five dollars ($5.00) nor more than fifty dollars ($50.00), and be imprisoned until such fine and costs are paid, not exceeding thirty days. CITY MAY DO WORK. Section 7. In addition to the penalties provided in the foregoing section, in case the owner or lessee shall grade or fill any lot, part of a lot, or tract of ground extending into, across, or bordering on any hollow or ravine so as to obstruct the flow of water, the Council shall have power, by resolution, to order such owner or lessee to construct such a drain as said Council shall order, and within the time to be designated by the Council, and upon such order being made, it shall be the duty of the Street Commissioner to notify such owner or lessee, in writing, and if such owner or lessee shall fail or refuse to con- struct such drain within the time and manner required, the Street Commissioner shall at once proceed to build such drain, and report the ex- pense thereof, with all costs arising therefrom, to the Council, whereupon the Council may, by resolution, levy and assess said sum as a special tax tipon the property so drained, after giving the notice and allowing the hearing, as provided in relation to sidewalks. 1919 Revision Ordinance No. 78. Nuisances USE OF BARBED WIRE. Section 68. If any person, within the corporate limits of this city, uses any barb wire for the purpose of constructing any fence or in enclosing any tree, ornament, lot, park or plot of ground, he shall be deemed guilty of a misdemeanor. DEPOSITING CIRCULARS IN LETTER BOXES. Section 69. If any person, within the corporate limits of this city, places, deposits or puts in any letter box, annexed or attached to any portion of a house or residence, intended for the receipt of United States mail, any circular, hand bills, or advertising matter whatsoever not contained in an envelope, he shall be guilty of a misdemeanor. SOLICITING BAGGAGE. Section 71. If any person, within the corporate limits of this city, at or near any railway depot or station, solicits bag- gage, guests, or passengers for any hotel, boarding house or other place in a noisy, rude and offensive manner, or if any person misrepresents or attempts to deceive any person as to the fare or price to be charged for carrying baggage, guests or passengers, or if any person at or near such rail- way station or depot, except at the outer five (5) feet of the sidewalk or depot platform, solicits any such baggage, guests or passengers, he shall be guilty of a misdemeanor. CARS IN MOTION. Section 72. If any person, except officers and employees connected therewith and passengers departing and arriving thereon shall get on, or attempt to get on or off of any rail- road car or locomotive engine while the same is in motion, he shall be guilty of a misdemeanor. BLASTING ROCK. Section 73. If any person shall blast rock within the City limits without the permission of the City Council and then only subject ject to such restrictions and regulations as may be imposed by the council by resolution, he shall be guilty of a misdemeanor. BONFIRES. Section 74. If any person shall build or cause to be built, a bonfire within the fire limits, or within 50 feet of any house, barn, shed or other building or structure outside of the fire limits, he shall be guilty of a misdemeanor. 1919 Revision 77 CHAPTER XIII Offenses Against Public Morals Ordinance No. 27-48 An Ordinance Prohibiting the Sale of, Gift to, or Exhibition to Minors under Eighteen Years of Age Publications Featuring Indecent Pictures or Depicting Crimes or Deeds of Violence, Bloodshed or Lust, Repealing all Ordinances in Conflict Herewith and Prescribing a Penalty for the Violation Hereof. Be it Ordained by the City Council of the City of Dubuque; Section 1. No person, firm or corporation shall sell, give to, or exhibit to a minor under eighteen years of age a book, pamphlet, magazine, news- . paper, story book, comic book, or other paper de- voted to the publication, or principally made up, of criminal news, police reports, or account of criminal deeds, of pictures, cartoons, stories or representations of immoral deeds, lust or crime, or which contains any picture, photograph, drawing or representation of an indecent, immoral, obscene, lewd or lascivious nature, or exhibit upon a street or highway or any place which may be within the view of a minor any such book, paper or picture; provided that this section shall not be applicable to the general dissemination of news, nor to such drawings and photographs reasonably necessary to illustrate the same. Section 2. If any provision of this ordinance, or the application thereof to any person or circum- stance is held invalid, the remainder of the ordi- nance, and the application of such provision to other persons or circumstances shall not be af- fected thereby. Section 3. All ordinances or part of ordinances in conflict herewith are hereby repealed. Section 4. Any person, firm or corporation who violates any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon convic- tion thereof shall be fined not more than $ 100.00 and costs and in default of such fine shall be im- prisoned for a period not exceeding thirty days in jail. Passed, adopted and approved upon final reading this 3rd day of January, 1949. Ordinance No, 78 Offenses Against Public Morals and Decency HOUSES OF ILL -FAME. Keeping. Section 6. If any person, within the corporate limits of this city, keeps a bawdy house, brothel, house of i11 -fame or of prostitution, resorted to for the pur- pose of prostitution or lewdness, he shall be guilty of keeping a house of ill -fame. SAME. INMATES. Section 7. If any person, within the corporate limits of this city, for the pur- pose of prostitution or lewdness, resorts to, uses, occupies, inhabits, or is an inmate of any bawdy house, brothel house, house of ill -fame or place 78 kept for such purpose, such person shall be guilty of beingan inmate of a house of ill -fame. SAME. FREQUENTING. Section 8. If any person, within the corporate limits of this city, frequents or is found in any bawdy house, brothel, house of ill -fame or prostitution, without having any lawful reason for being therein, such person shall be guilty of frequenting a house of ill -fame. DISORDERLY CONDUCT. Section 9A. If any person, within the corporate limits of this city, conducts himself in a lewd, indecent or immoral way or engages with another person or persons in any boisterous, offensive, or disorderly conduct which is shocking or degrading to the public morals and decency, he shall be guilty of disorderly con- duct. DISORDERLY CONDUCT. Section 9B. If any person, within the corporate limits of this city, re- sorts to any house, apartment, hotel or other build- ing or room therein, or to any other place for the purpose of lewdness or other immoral purpose, or if any person resorts to any house, apartment, ho- tel or other building or room therein for an im- moral purpose with a person to whom he or she is not married, he shall be guilty of disorderly con- duct. DISORDERLY HOUSES. KEEPING. Section 10. If any person, within the corporate limits of this city, knowingly permits or allows in any house, apartment, hotel or building or room therein, owned by him or under his control, any drunken- ness, lewd, obscene or indecent conduct or be- havior, or permits or allows lewd and disreputable persons, either male or female, to gather and be entertained with food or drink in such house, apart- ment, hotel or building, or room therein, he shall be guilty of keeping a disorderly house. DISORDERLY HOUSES. KEEPING. Section 11. If any person, within the corporate limits of this city, knowlinglypermits or allows in any house, apartment, hotel or building owned by him or under his control, any lewd and boisterous conduct be- tween male and female persons who are there present as guests or patrons, or if any person knowingly permits or allows in any house, apart- ment, hotel or building owned by him or under his control, any person to resort thereto for any im- moral purpose with another person to whom he or she is not married, he shall be guilty of keeping a disorderly house. DISORDERLY HOUSES. KEEPING. Section 11A. If any person, or persons, firm or corporation maintains, operates or controls, or is in charge of any house, building or place where intoxicating liquor is illegally kept, sold or given away, or any person who on behalf of some other person, or persons, firm or corporation, illegally keeps, sells or gives away any intoxicating liquor, in any house, building or place, such person or persons, firm or corporation shall be guilty of a misdemeanor and be punished by a fine of not to exceed $100.00, or imprisoned not to exceed thirty (30) days in jail. DISORDERLY HALLS, POOL ROOMS, ETC. Section -12. If any person, within the corporate limits of this city, keeps or maintains any dance hall, pool or billiard room, skating rink, shooting gallery, or other place of amusement open to the public, in which is permitted or allowed, of takes place, any disturbance of the peace or disorderly conduct, he shall be deemed guilty of a misde- meanor. Such place may be declared a nuisance and summarily abated. FREQUENTING DISORDERLY HOUSE. Section 13. If any person, within the corporate limits of this city, frequents or is found in any disorderly house, without having any lawful reason for being therein, he shall be guilty of frequenting a disorder- ly house. LETTING HOUSE OR ROOM FOR IMMORAL USES. Section 14. If any person, within the corpor- ate limits of this city, lets or leases any house, a apartment, building or room therein, knowing that the leasee thereof intends to use same as a bawdy house, brothel, house of. ill -fame or prosti- tution, assignation house, gambling house or other- wise disorderly house, or knowingly allows or permits the lessee thereof to use the same for any such, or other, immoral purpose, he shall be guilty of letting a house for immoral uses. INDECENT BEHAVIOR.. Section 15. If any person, within the corporate limits of this city, appears in any public place, or exposes himself to public view, in a state of nudity, or in a dress not belonging to his or her sex, or in an indecent or lewd dress, or if any person makes any indecent exposure of his or her person, or is guilty of any other lewd or indecent act or conduct, he shall be guilty of indecent behavior. SAME. BATHING IN THE RIVER. Section 17. If any person, within the corporate limits of this city, bathes, swims or washes in the Mississippi River, or in any other water course, pond or pool within the city limits, between one hour before sunrise and one hour after sunset, being naked or insufficiently clothed to prevent an improper ex- posure of his person, he shall be guilty of indecent behavior. DRUNKENNESS. Section 18. If any person, within the corporate limits of this city, becomes drunk or intoxicated, or is found in a state of in- toxication, he shall be guilty of drunkenness. VAGRANCY. Section 19. If any person, within the corporate limits of this city, is found without any visible calling orlawful means of support, or is a vagrant or street beggar, he shall be guilty of vagrancy. LOUNGERS AND LOAFERS. Section 20. If any person, within the corporate limits of this city, obstructs orencumbers any street corner or other public place in this city by loafing or lounging in or about the same, after being requested to move on by any police officer, he shall be guilty of a Misde- meanor. KEEPING GAMBLING HOUSE. Section 21. If any person, within the limits of this city, keeps, maintains or operates, any gambling house or gambling room in or upon any premises owned or controlled by him or sets up or keeps any gambling table, or gambling device, in or at which any game of chance shall be played for money or property, or allows or permits the same to be done in or about any house, room, building or premises under his control, he shall be guilty of keeping a gambling house. GAMBLING. Section 22. If any person, within the corporate limits of this city, at any gambling table, gambling device, or game of chance, or with cards, machines, or any other instruments, bets, wins or loses money or other property, he shall be guilty of gambling. FREQUENTING GAMBLING HOUSE. Section 23. If any person, within the corporate limits of this city, except he be lawfully therein, frequents or is found in any gambling house, room or other place where gambling as described in the pre- ceding section is being carried on or conducted, or if any person is connected with any gambling house, room or place as Clerk, Agent, Employee or Manager, he shall be guilty of frequenting a gamble house. SEIZURE AND DESTRUCTION OF GAMBLING DEVICES. Section 24. It shall be the duty of the Chief of Police and every police officer of the city to institute proceedings and seize and take before the police court all instruments and devices found within the City, and used and kept or intended to be used for the purpose of gambling as described in the second next preceding section and every such instrument or device shall be destroyed and a record thereof kept on the,police court docket. The proceedings for the seizure, condemnation and destruction of the above mentioned gambling devices and instruments shall, as near as may be, be the same as are prescribed in Section 4963 of the Code of Iowa, unless written objections are filed by the owner of the property in which case the proceedings for the condemnation and destruc- tion shall be the same, substantially, as are pro- vided in Sections 2413 to 2417, inclusive, of the Code, and in all such proceedings where the proper- ty is ordered to be destroyed, defendant shall be adjudged to pay the costs. SLOT MACHINES. Section 25. If any person, within the corporate limits of this city, operates or has in his charge any slot machine of any kind or character, or any other machine or device, into which shall be deposited any sum of money and which shall or may pay to the person depositing such money, any sum of money, article or mer- chandise in an amount or value greater or less than the amount deposited, he 'shall be guilty of operating an unlawful slot machine. 1919 Revision; Amended 4/20/33 79 CHAPTER XIV Public Safety Ordinance No. 78. An Ordinance Defining Certain Offenses as Misdemeanors and Providing for the Punish- ment of Violations Thereof. Be it Ordained by the City Council of the City of Dubuque: a. Offenses Against the Public Peace DISTURBING THE PEACE. Section 1. If any person, within the corporate limits of this city, wilfully disturbs the peace and quiet of others by violent, tumultuous, offensive or obstreperous conduct or carriage, or by loud or unusual noises or by unseemly, profane, obscene or offensive language calculated to provoke a breach of the peace, he shall be guilty of disturbing the peace. SAME. ON PREMISES. Section 2. If any per- son, within the corporate limits of this city, suffers or permits any hallowing, quarrelling, fighting, or unusual noise or affray, or any act or conduct prohibited by the preceding section, in any house, or upon any premises, owned, occupied, possessed or controlled by him, in such manner as to disturb the peace of others or the public quiet of the neigh- borhood or city, he shall be guilty of a misde- meanor. SAME. FIGHTING. Section 3. If any person, within the corporate limits of this city, engages in a fight with another, or assaults, strikes, or attempts to assault or strike, or invites or defies another person to fight or quarrel, he shall be guilty of disturbing the peace. SAME. PUBLIC MEETINGS. Section 4. If any person, within the corporate limits of this city, disturbs or interrupts any public meeting or lawful assemblage of people, by any act or conduct pro- hibited by the preceding sections, he shall be guilty of disturbing the peace. SAME. BELLS AND GONGS. Section 5. If any. person, within the corporate limits of this city, rings or sounds any bell, auction bell, going, or similar device, upon the streets or alleys within the city, or in front of any place of business or dwelling house, or upon any wagon or other vehicle, for the purpose of advertising any auction or other sale, or event in an offensive and unnecessary manner, he shall be guilty of disturbing the peace. Ordinance No. 78. c. Offenses Against the Public Safety RESISTING AN OFFICER. Section 27. If any person, within the corporate limits of this city, resists, obstructs or in any way interferes with any police officer, or member of the Fire Depart- ment in the performance of any official duty, he shall be guilty of resisting an officer. IMPERSONATING AN OFFICER. Section 28. If any private citizen, within the corporate limits of this city, adopts or wears on any street or in any public place, the uniform or insignia worn by the 80 police force of the city, or if any person not a member of the police force, or peace officer represents himself as, or assumes to be, a police or peace officer, he shall be guilty of impersona- ting an officer. USING A POLICE WHISTLE. Section 29. If any person, within the corporate limits of this city, except police and peace officers, uses or sounds any police whistle or other device used by the police department, he shall be guilty of a mis- demeanor. REFUSING ADMITTANCE TO OFFICERS. Section 30. If any person, within the corporate limits of this city, refuses to admit the Mayor, Chief of Police, or any member of the police force into any house of ill -fame, gambling or other disorderly house or into any slaughter house, or other place which they may desire to enter for the purpose of ascertaining whether a nuisance exists or a crime has been committed, or resists, ob- structs, or attempts to resist or obstruct such officer while attempting to enter any such place, he shall be guilty of a misdemeanor. UNLAWFUL USE OF POLICE TELEPHONE SYSTEM. Section 31. If any person, within the corporate limits of this city, wilfully uses the police telephone system of this city to make a false report as to any crime, offense, circum- stance or condition, or in any manner whatsoever uses such telephone system, or any part thereof, for any improper or wrongful purpose, or in any manner contrary to the rules of the Police Depart- ment, he shall be guilty of a misdemeanor. UNLAWFUL USE OF THE FIRE DEPARTMENT HORNS. Section 32. If any person, not a member of the Fire Department of the City of Dubuque, sounds, blows or uses within.the corporate limits of said city, any whistle, horn or other instrument such as is used by the Fire Department as a warning signal, or any horn, whistle or other in- strument which can or will produce the same or a similar sound to that produced by the said Fire Department as a warning signal, or by the use of any instrument to produce, within the corporate limits of said city, any sound similar to that made by the said Fire Department as a warning signal, or an imitation of the same, he shall be guilty of a misdemeanor. DRIVING OVER FIRE HOSE. Section 33. If any person, within the corporate limits of this city, runs or drives any engine, car or street car, over any fire hose that may be laid across any railroad or street railway track, or if any person drives any animal, carriage, wagon, automobile or other vehicle, over any fire hose that may be laid in any street, except by permission of the Chief of the Fire Department, Chief of Police, or the Mayor, he shall be guilty of a misdemeanor. GIVING FALSE ALARM OF FIRE. Section 34. If any person, within the corporate limits of this city, wilfully gives any false alarm of fire at any alarm box, or Opens or tampers with any fire alarm box contrary to the rules of the Fire Department , he shall be guilty of a misdemeanor. INJURING FIRE ALARM SYSTEM. Section 35. If any person, within the corporate limits of this city, willfully defaces, injures or interferes with any of the fire alarm telegraph boxes, fire tele- graph wires, or any apparatus used or connected therewith, or if any person, loosens, tampers with or removes any insulator belonging, used or con- nected with, the fire alarm telegraph from any pole, tree, building or other place without first having obtained the cons ent of the City Electrician for that purpose, he shall be deemed guilty of a misde- meanor. TAKING OFF CAPS OF HYDRANTS. Section 36. If any person, within the corporate limits of this city, unscrews of takes off the cap of any water hydrant, or in any manner meddles or inter- feres with any such hydrant, except as provided by the rules of the Fire Department, he shall be guilty of a misdemeanor. CARRYING CONCEALED WEAPONS. Section 37. If any person, within the corporate limits of this city, carries under his clothes or concealed about his person, or has found in his possession, any pistol, or other fire -arm, slungshot, knuckles of lead, brass or other metal or material, or any sand bag, air gun, dagger, bowie knife, dirk knife, or other knife or instrument for cutting, stabbing or striking, or other dangerous or deadly weapon, instrument or device, he shall be guilty of carrying concealed weapons. This section shall not be con- strued to prohibit any officer of the United States or of any State, or any Peace Officer from wearing or carrying such weapon, as may be convenient, necessary and proper in the discharge of his official duties. USE AND SALE OF FIREARMS. Section 38. If any person, within the corporate limits of this city uses, sells, offers for sale, or keeps for sale, any toy pistols, toy revolvers, caps contaning dynamite, blank cartridges for toy revolvers or toy pistols, firecrackers of more than three and one-half (3-1/2) inches in length or more than three -fourth (3/4) of an inch in diameter, he shall be guilty of a misdemeanor. Caps containing dynamite may be used, kept for sale or sold when needed for mining purposes or for danger signals or other necessary uses. DISCHARGING OF FIREARMS. Section 39. If any person, within the corporate limits of this city, discharges any cannon, gun, fowling piece, pistol, airgun or other firearms, or burns, or sets off, fire crackers, squibs or other fireworks, he shall be guilty of a misdemeanor; provided that nothing herein contained shall prevent the shooting of dogs by the Chief of Police or other officers; and further provided that the Mayor may suspend the operation of the preceeding provision of this section in whole or in part by proclamation, such suspension to be effective between certain specified hours on the fourth day of July of each year, or the day cele- brated as the Nation's Anniversary when the fourth of July falls on Sunday. SLING SHOTS, STONES AND MISSILES. Section 40. If any person, within the corporate limits of this city, has in his possession or uses any sling shot of any kind, or wilfully or carelessly throws any stone, stick or other missile in such a manner as to hit, injure or endanger any person, or window or other property, he shall be guilty of a misde- meanor. EXPLOSIVES. SCARING HORSES. Section 41. If any person, within the corporate limits of this city, causes or aids in causing, any firecrackers, torpedoes or other explosives, of any kind or character, to be fired off or exploded upon the streets or alleys of this city, or upon any public or private grounds withput permission of the owner or occupant thereof, or engages or participates in any sport or exercise likely to scare horses, he shall be guilty of a misdemeanor. OBSTRUCTION OF STREETS AND SIDEWALKS. Section 42. If any person, within the corporate limits of this city, in any way obstructs or causes to be obstructed, any street, alley, sidewalk or other public place by placing therein or thereon any stone, lumber, brick, wood or other thing or by making or causing to be made any excavation therein or thereon, or by removing or causing to be removed, plank or timber or other material therefrom without having first secured written permission from the city so to do, or if any person who has not secured a peddler's license, obstructs or causes to be obstructed, any street, alley, sidewalk, bridge or other public place by keeping or having thereon or therein or causing to be kept thereon or therein, any wagon, push cart or other vehicle from which to peddle or from which is being peddled, or from which it is the intention to peddle fruit or other merchandise or any com- modity whatever, such wagon, push cart or other vehicle being kept standing or moving from place to place, he shall be guilty of a misdemeanor. SAME. Section 43. If any person, within the corporate limits of this city, places or causes to be placed on any of the streets, alleys, sidewalks or other public places, any cord wood, lumber, brick, stone or any other species of property or thing, and suffers the same to remain thereon or therein for more than ten hours after having been notified by the Chief of Police to remove same, he shall be deemed guilty of a misdemeanor. Provided, that this ordinance shall not be construed to apply in cases of removal or importation of goods, wares and merchandise belonging to merchants where the same do not remain as an obstruction for more than ten hours and do not occupy more than one- third of the width of the sidewalk from the building to the curb line. OBSTRUCTION OF SIDEWALKS. Section 44. If any person, within the corporate limits of this city, obstructs any sidewalk by drawing, leading or driving any cart or vehicle upon same, or leaving any cart, vehicle or animal upon same, he shall be guilty of a misdemeanor. SAME. Section 45. If any persons within the corporate limits of this city, collect or gather on any sidewalk, so as to obstruct the free passage thereon, and neglect or refuse to disperse upon the request or command of the owner or occupant of adjoining premises, or of a police officer, they shall be guilty of a misdemeanor. LEAVING CELLAR DOORS OPEN. Section 46. If any person, within the corporate limits of this city, keeps or leaves open any cellar door or grating, or covering of any vault, on any street 81 or sidewalk, or allows any such cellar door, grating or covering belonging to the premises occupied by him, to be in an insecure condition and thereby dangerous to the public safety, he shall be guilty of a misdemeanor. EXPECTORATING ON SIDEWALKS OR IN STREET CARS. Section 47. If any person, within the corporate limits of this city, expectorates upon a public sidewalk, or public place or upon the floor of any street car or other public conveyance, he shall be guilty of a misdemeanor. STREETS, DIRT HAULING. Section 48. If any person, within the corporate limits of this city, hauls, carries or conveys any dirt, manure, shav- ings, cinders, stone, sand, wood, hay, garbage, straw, ashes or other substance on, over or across any paved street or alley in any wagon or other vehicle which is so constructed as to allow any portion thereof to fall or be deposited upon such street or alley, he shall be guilty of a misde- meanor. EXCAVATIONS IN STREETS OR SIDEWALKS. Section 49. If any person within the corporate limits of this city, leaves or keeps open or allows to be open any excavation or vault, in, on, or under any street, alley or sidewalk, and fails to guard or protect same so that persons passing, riding or driving near such excavation shall not be endan- gered thereby, he shall be guilty of a misdemeanor. THROWING PAPER IN STREETS. Section 50. If any person, within the corporate limits of this city, throws and deposits or causes to be thrown and and deposited, any paper, cards, advertisements, or the like, into any street, alley, or other pub- lic place within the city, he shall be guilty of a misdemeanor. THROWING GLASS, TACKS, ETC. IN STREETS. Section 51. If any person, within the corporate limits of this city, throws or places in any street or public place within the city, any broken glass, glass bottles or other articles or glass, tacks, nails, or any other sharp pointed materials, sub- stances or things, he shall be deemed guilty of a misdemeanor. PLAYING BALL, ETC. IN STREETS. Section 52. If any person within the corporate limits of this city, plays baseball or football, flies kites, rolls hoops or participates in any other sport or game on any street, alley or other public place which is likely to, or does frighten horses, injures persons, or embarrasses the free passage of vehicles thereon, he shall be guilty of a misde- meanor. REMOVAL OF GUARDS. Section 53. If any person, within the corporate limits of this city, tears down, removes or carries away, any fence, railing or other guard placed about any excavation or pile of dirt, rock, or other material, or re- moves or carries away or extinguishes the light of any lantern or other light which has been set as a warning at any excavation or pile of material, he shall be deemed guilty of a misdemeanor. Ordinance No. 78. d. Offenses Against Property DEFACING CITY PROPERTY. Section 54. If any person, within the corporate limits of this city, without authority from the city, defaces, injures, or 82 destroys, or assists in defacing, injuring or destroying any building, bridge, paving, side or cross walk, drain or sewer or` any part thereof, or any other property belonging to the city, or if any person injures or obstructs the making or re- pairing of any improvement or work ordered by the city, he shall be guilty of a misdemeanor. INJURING PROPERTY. Section .55. If any person, within the corporate limits of this city, cuts, hacks, or in any manner injures any awning lamp post, gas or water pipe, ornamental or shade trees, railing, fence or other property not owned by him, he shall be guilty of a misdemeanor. REMOVING GRADE STAKES. Section 56. If any person, within the corporate limits of this city, removes, breaks, or in any way injures any grade stake, stone or other mark or monument, set by or under the authority of the city engineer or any of his assistant, to designate grades, corners, lines, or bench marks, or in any manner erases or defaces any letters or figures thereon, or removes or injures any barricade about any improvement in the course of construction, he shall be guilty of a misdemeanor. DEFACING NOTICES. Section 57. If any per-, son. within the corporate limits of this city, defaces or tears down any notice, ordinance or ad- vertisement posted by order of the City Council or any officer of the city, he shall be guilty of a mis- demeanor. POSTING BILLS ON PROPERTY. Section 58. If any person, within the corporate limits of this city, defaces any private dwelling house, building, store, room barn, shed, fence, patrol or fire alarm box, bridge, telephone, electric light, street rail- way, telegraph pole, sidewalk or curbing, by post- ing, pasting, tacking, sticking or nailing thereon any advertising bills, posters, or any other written or printed matter, except legal notices provided by law, or in any manner defaces same without first having obtained the written consent of the owner or agent of such property, he shall be guilty of a misdemeanor. INJURING TREES. Section 59. If any person, within the corporate limits of this city, other than the owner thereof, or his representative, cuts, breaks, or otherwise injures or destroys, any shade or ornamental tree along any sidewalk in any parking or elsewhere in the city, he shall be guilty of a misdemeanor. INJURIES TO SHRUBS, PLANTS AND FLOW- ERS. Section 60. If any person, within the corpor- ate limits of this city, injures or removes any shrub, plants, flowers or trees from any of the parks, cemeteries, street parkings, public or pri- vate grounds within the city, without the consent or direction of the Superintendent of Parks, in case of parks or public grounds and without the consent of the owner in case of cemeteries, private grounds or parkings, adjacent to private grounds or prop- erty of the owner, he shall be guilty of a misde- meanor. FIRES ON PAVEMENT. Section 61. If any person, firm or corporation, builds or causes to be built, any fire or burns or causes to be burned, any rubbish of any kind or nature upon any street within the corporate limits of the city which is paved with asphalt or tar filled macadam, such person, firm or corporation will be guilty of a misdemeanor. OIL PEDDLERS. REGULATIONS OF ON STREETS. Section 63. If any oil peddler or other person, within the corporate limits of this city, allows any kerosene, gasoline, or other oils to be deposited upon any asphalt pavement, or to drip from any wagon, tank or other vessel upon any asphalt pavement within the city, or if any peddler or person engaged in the delivery of oils of any kind, upon or along streets paved with asphalt, fails to equip has wagon or vehicle used for that purpose, with a suitable apparatus so as to prevent all leakage of oils upon said pavement, he shall be guilty of a misdemeanor. 1919 Revision Ordinance No. 101. An Ordinance to Prevent and Suppress Riots, Noise, Disturbance or Disorderly Assemblies, and Providing that Before any Association, Company, Society, Order, Exhibition or Aggregation of Persons Shall Parade, March or Collect upon the Streets of the City of Dubuque, They Shall First Obtain from the Manager or Mayor of such City a Permit, and Providing a Punishment for Viola- tion Hereof. Be it Ordained by the City Council of the City of Dubuque: RIOT. Section 1. That it shall be unlawful for three (3) or more persons to assemble together for the purpose of committing a riot, or inciting a riot, or congregation in any manner which might lead to riot. Riot is defined as follows: When three or more persons and in a violent or tumultous manner com- mit an unlawful act, or together do a lawful act in an unlawful, violent or tumultuous manner, to the disturbance of others, they are guilty of a riot. NOISE, DISTURBANCE, DISORDERLY CON- DUCT. Section 2. That it shall be unlawful for three (3) or more persons to assemble together for the purpose of making loud noises, provoking dis- turbance or associating themselves in disorderly assemblies, which will cause or result in the breach of the peace. Unlawful Assembly is defined as follows: When three or more persons in a violent or tumultuous manner assemble together to do an unlawful act, or, when together, attempt to do an act whether lawful or unlawful, in an unlawful, violent or tumultuous manner, to the disturbance of others, they are ggilty of an unlawful assembly. PERMIT. Section 3. That before any associa- tion, company, society, order, exhibition or aggre- gation of persons shall collect or gather together or parade or march upon the streets or public places of the City of Dubuque, they shall first ob- tain a permit from the Manager or Mayor of such city, which permit, when issued, shall be without charge, and shall state the time, manner and con- ditions of such march, parade or assembly. INTIMIDATION. Section 4. It shall be unlawful for three (3) or more persons to assemble together upon the streets, sidewalks or other public places or upon private property, for the purpose of caus- ing other persons to be intimidated, harrassed or placed in fear of bodily harm. DUTY OF POLICE OFFICERS. Section 5. It shall be the duty of all police officers to enforce. the provision of this ordinance and to place under arrest any persons or person who violate the pro- visions hereof, or who refuse to disband or dis- burse when requested to do so by any such officer. ORDERLY ASSEMBLIES. Section 6. Nothing herein shall be construed to prevent persons from gethering together in orderly or lawful assemblies and which will not result in the disturbance of the peace, riot or disorderly conduct. PENALTY. Section 7. Any person or persons found guilty of violating any of the provisions of this ordinance shall be fined, for each offense, not less than Five Dollars ($5.00) and not more than One Hundred Dollars ($100.00) and imprisoned until such fines and costs are paid, but in no event for a longer period than Thirty (30) days. Approved June 6th, 1921 Ordinance No. 115. An Ordinance Requiring the Chief of the Fire De- partment and the Members Thereof to Make Periodical Inspection of all Buildings and Prem- ises within the City of Dubuque for the Purpose of Eliminating Fire Hazards Therefrom, and Requiring the Owners and Tenants of Inspected Premises to Comply with Orders or Notices from Said Chief of the Fire Department or the Members Thereof, and Prescribing a Penalty for Violation Thereof. Be it Ordained by the City Council of the City of Dubuque: Section 1. That from and after the adoption of this ordinance, it shall be a part of the duties of the Chief of the Fire Department and the members thereof to make or cause to be made periodical inspections of buildings and premises within the city of Dubuque for the purpose of eliminating fire hazards therefrom under such rules and regulations as may be adopted and put into effect by said De- partment. Section 2. That when any building or premises is found to be liable to fire by reason of the ac- cumulation of debris, paper or other inflammable matter therein, a written notice shall be given by the Chief of the Fire Department to the owner or tenant of the premises to remove or remedy such hazardous condition within a stated time. Section 3. Should the owner or tenant of any premises to whom a notice has been given as pro- vided for in the preceding section, fail or refuse to comply with said notice within the time prescribed therein or fail or refuse to remove the hazardous condition complained of, said owner or tenant shall be guilty of violating this ordinance and he shall be fined a sum not to exceed Twenty -Five Dollars ($25.00) or imprisoned in the City jail not to exceed Thirty (30) days. Passed and adopted upon final reading this 2nd day of Janurary, 1922 Ordinance No. 7-31. An Ordinance Prohibiting the Storage of Dynamite Within the City of Dubuque; Prohibiting the 83 Keeping and Storing of Gun -Powder and Dynamite Caps, Except in Limited Quantities, within the City of Dubuque; and Prescribing a Penalty for Violation Hereof. Be it Ordained by the City Council of the City of Dubuque; Section 1. That no person, firm, or corporation shall keep or store dynamite within the limits of the City of Dubuque nor shall any person, firm, or corporation keep or maintain a magazine or build- ing for the storage of dynamite within the City of Dubuque. Section 2. That no person, firm or corporation shall keep, store or have in his possession any dynamite caps or gun powder within the City of Dubuque in quantities in excess of 100 dynamite caps and or five pounds of gun powder and no person, firm, or corporation shall maintain a magazine or building wherein is kept or stored dynamite caps or gun powder in excess of the quantities above stated. Section 3. That any person, firm or corporation violating the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon con- viction, shall be fined not to exceed $ 100 or im- prisoned not to exceed thirty days in jail. Passed, adopted, and approved, upon final reading this 27th day of April, 1931. Ordinance No. 10-40. An Ordinance Regulating the Use of Bicycles within the City of Dubuque, Iowa, Providing for the Registration Thereof and Providing a Penalty for Violation Hereof. Be it Ordained by the City Council of the City of Dubuque; Section 1. Every person who owns and/or oper- ates a bicycle within the limits of the City of Du- buque, Iowa, shall, during the month of July of each year, commencing with July, 1942, cause the owner- ship thereof to be registered at the office of the Chief. of Police of said City. Upon such registration the Chief of Police shall issue to such person a registration tag, plate or other means of identifica- tion. Said registration plate shall at all times be securely fastened to the bicycle for which it is issued so that the said plate shall be readable at a distance of at least seventy-five (75) feet from the rear thereof. That there shall be paid to the Chief of Police for said tag or plate when issued, twenty- five cents (25). Section 2. The Chief of Police shall keep a record of the number of each registration, the date issued, the name of the person who registered and the number issued to said person. Section 3. In the event a registered bicycle shall be sold or transferred the registration tag, plate or other means of identification shall pass to the new owner or transferee and the sale or the trans- fer of said bicycle shall be reported to the Chief of Police by the new owner or transferee with five days after sale or transfer together with the name of new owner or transferee of said bicycle. Section 4. In the event that an owner lose his registration tag, plate or other means of identifica- tion, or the same should be destroyed or stolen he shall report the same to the Chief of Police im- 84 mediately and the Chief of Police shall then issue a new registration tag at the cost of twenty-five cents (25) to such owner. Section 5. It shall be unlawful for any person to alter or counterfeit any registration tag, plate or other means of identification issued in conform- ity with the ordinance. Section 6. Every bicycle when in use on the streets of the City at any time from a half-hour after sunset to a half-hour before sunrise shall be equipped with a lamp on the front exhibiting a white light and with a lamp on the rear exhibiting a red light visible from a distance of 300 feet to the rear; except that -a red reflector meeting the re- quirements of this ordinance may be used in lieu of a rear light. Section 7. Every bicycle shall be equipped with a suitable horn or bell capable of giving an ade- quate warning or signal. The use of sirens on bi- cycles shall be unlawful. Section 8. It shall be unlawful for any person to ride or operate a bicycle upon the sidewalk in the City of Dubuque. Section 9. It shall be unlawful for any person riding a bicycle to follow fire trucks or other fire equipment at any time and it shall be unlawful for any person riding a bicycle to be towed by any other vehicle operating upon the streets of said city. Section 10. No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped. Section 11. Bicyclists riding or traveling upon any street of said city shall not ride more than two abreast. Said Bicyclists shall operate their bi- cycles on the right hand side of the center of the street and shall travel as near the right curb as possible. Section 12. No person riding upon any bicycle shall attach the same or himself to any bus or vehicle vehicle upon the highway. Section 13. All persons riding bicycles upon any street within said city shall observe all traffic ordinances, rules and regulations, especially as to traffic lights, highway stop signs and shall signal any change of direction or course of travel in the same manner and in the same way as such signals are required under the law governing the use of automobiles upon streets and highways, and shall not turn to the right or left in traffic except at regular intersections of streets or alleys. Section 14. The Police Judge of the City of Dubuque, Iowa, is hereby authorized to revoke or suspend any registration issued by virtue of this ordinance to any person after a hearing for any violation of any of the provisions of this ordinance. Section 15. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding One Hundred Dollars ($100.00) and in default of such fine and costs shall be im- prisoned for a period of not exceeding thirty days in jail. Section 16. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Passed, adopted and approved upon final reading this 28th day of June, 1940. Amended 6/30/42 Ordinance No. 3-50. An Ordinance Providing Terms and Conditions Upon Which the Fire Fighting Equipment and Firemen of the City of Dubuque May Respond to Calls for Fire Fighting Outside of the City Corporate Limits; and When so Engaged Such Equipment and Men Shall Be Considered Within the Jurisdiction of the City of Dubuque, and Said City Shall Have the Same Governmental Im munity as When Operating Within its Corporate Limits. Be it Ordained by the City Council of the City of Dubuque; Section 1. From and after the date this Ordi- nance goes into effect, no fire service shall be rendered outside the limits of the City of Dubuque, Iowa, by the fire fighting equipment and firemen of the City of Dubuque, except on the following terms and conditions, to -wit; A. To protect property of the City of Dubuque located outside of the corporate limits of the City of Dubuque. B. Fire protection shall be only to those places located in Dubuque County, outside of and within two miles by highway of the city limits of the City of Dubuque, which do not create an extraordinary hazard to the personnel or equipment of the City Fire Department, where city water mains are in the immediate proximity of the premises, or a supply of water is available in the proper location and in such quantities at all times as in the judg- ment of the fire chief of the City of Dubuque shall be sufficient to light a fire on said premises for not less than one hour. The judgment of the fire chief shall be conclusive as to what constitutes an extra- ordinary hazard hereunder. C. Anyone desiring the fire protection above referred to shall make application to the Fire Chief of the City of Dubuque and at the commencement thereof pay to the City of Dubuque annually $100.00 plus an amount equal to the amount that would have been assessed against the real property and the contents thereof upon fire levies, which fire levies are for the fire maintenance, fire equipment, fire pension, and fire retirement funds, the same as if said property were located in the City of Dubuque. The City Assessor of the City of Dubuque shall fix the valuation of said property for the purpose of this ordinance. D. Only such apparatus and personnel to be used at any fire shall be furnished under this Ordinance as in the sole judgment of the Chief of the Fire Department can be spared at any time. No protec- tion 'shall be given if two or more engines are out of service for any reason or are engaged at fires within the City of Dubuque. No such protection shall be given in inclement weather such as severe snows or rain storms, or when the roads are in a bad condition, and the sole judgment of the Fire Chief shall be final as to the state of the storms and condition of the roads. E. The City of Dubuque shall furnish only such fire protection as herein stated, and said City shall in no manner be responsible for any damages by fire or otherwise because of the failure to answer calls, delay in response to calls, and failure of any equipment, or any other damage caused by the equipment, the lack thereof, the use thereof, or firemen. F. Each and every person desiring fire pro- tection as herein provided shall sign an agreement to abide by all of the terms and conditions of this Ordinance. G. The Chief of the Fire Department is hereby authorized to send fire trucks and other equipment and personnel of the Fire Department to fires out- side of the City of Dubuque in accordance with the terms of this Ordinance, and only when he is satis- fied that the owners of the property requesting such service have complied with all of the terms and conditions of this Ordinance. Section 2. Fire fighting equipment and firemen responding to calls for fire fighting outside of the City of Dubuque under the terms of this ordinance shall be considered within the jurisdiction of the City of Dubuque. Section 3. Fire fighting equipment and firemen responding to calls for fire fighting outside of the City of Dubuque under the terms of this ordinance shall have the same governmental immunity as when operating within the corporate limits of the City of Dubuque. Passed, adopted and approved upon final reading this 6th day of March, 1950. Amended 4/10/50 85 ❑ 11 it !y CHAPTER XV Public Service Companies Ordinance No. 15-46 Electric Franchise An Ordinance Granting to the Interstate Power Company, a Delaware Corporation, Its Succes- sors, and Assigns, the Right to Erect, Maintain; and Operate Its Existing Electric Generating, Transmission, and Distribution Facilities and Additions Thereto, in, under, over, along, across, and upon the Streets, Lanes, Avenue, Sidewalks, Alleys, Bridges, Parks, Highways, and Other Public Places in the City of Dubuque and Subsequent Additions Thereto, for the Pur- pose of Producing and Distributing Electricity for Sale to Said City and the Inhabitants Thereof, for Light, Heat, Power, and Other Purposes for a Period of Twenty -Five (25) Years, and Regu- lating the Same; Repealing all Existing Fran- chise Ordinances Heretofore Granted to Inter- state Power Company or Its Predecessors Af- fecting the Production and Distribution of Electricity in the City of Dubuque and Requiring the Surrender of all Rights Thereto by the Grantee or Its Assigns Therein; and Providing for the Submission of Said Ordinance to Vote of the Legal Voters of Said City for Approval. Be it Ordained by the City Council of the City of Dubuque: Section 1. In consideration of the faithful per- formance and observance of the conditions and reservations hereinafter specified, the right is hereby granted to the Interstate Power Company, a corporation organized under the laws of the State of Delaware, its successors and assigns, hereinafter referred to as the Company, the right to erect, maintain, and operate its existing electric generating, transmission, and distribution facilities and additions thereto, in under, over, along, across, and upon the streets, lanes, avenues, sidewalks, alleys, bridges, parks, highways, and other public places in the City of Dubuque and subsequent ad- ditions thereto, for the purpose of producing and distributing electricity for sale to said City and the inhabitants thereof, for light, heat, power, and other purposes in accordance with the laws of the State of Iowa and the ordinances and regulations of the City of Dubuque, for a period of twenty-five (25) years following fulfillment of Section XIV here- of. Section 2. The Company's transmission and distribution system poles, wires, and appurtenances shall be located, erected, and maintained so as to not endanger or interfere with the lives of persons or to interfere with any improvements the City may deem proper to make, or to unnecessarily hin- der or obstruct the free use of the streets, alleys, bridges, or other public property. The City Council, under reasonable regulations, reserves the right to require the Company to place its conductors underground and to designate the districts in which such work shall be performed, and also to order the removal or relocation of poles, wires and other appurtenances erected by the 86 Company, whenever, in the judgment of the City Council, such action is necessary in the public in- terest, and the Company shall forthwith comply with any and all instructions and directives in such matters at its own expense. Construction and maintenance of the transmis- sion distribution system shall be in accordance with the specifications contained in the publication titled "Safety Rules for the Installation of Electric Utilization Equipment" prepared by the United States Bureau of Standards, in force at the time of construction, and under the supervision and sub- ject to the restrictions and control of the City Council. Section 3. In the maintenance and operation of its electric transmission and distribution system in the streets, alleys, and other public places and in the course of any new construction or additions to its facilities, the Company shall proceed so as to cause the least possible inconvenience to the general public; any opening, or obstruction in the streets or other public places, made by the Com- pany in the course of its operations, shall be guarded and protected at all times by the place- ment of adequate barriers, fences, or boarding s, the bounds of which during periods of dusk and dark- ness shall be clearly designated by red warning lights. Whenever the Company shall take up or disturb any pavement, sidewalk, or other improvement of any street, avenue, alley, or other public place, the same shall be replaced and the surface restored in as good condition as before entry within forty- eight hours after completion of the Company's work. Upon the failure of the Company to make such restoration within such time, or to begin such restoration within such time, if the restoration. cannot be made within such time, or upon the Company's delay of more than 24 hours in the con- tinuation of a restoration begun, the City may serve upon the Company notice of the City's intent to cause the restoration to be made and, unless the Company within twenty-four hours after receipt of such notice begins or resumes the restoration, the City may cause the proper restoration to be made, including the' removal of excess dirt, and the expense of same shall be paid by the Company upon demand by the City. The Company shall at all times comply with any and all rules and regulations which the City has made or may make applying to the public generally with reference to the removal or replacement of pavements and to excavations in streets and other public places, not inconsistent with their use for the purposes contemplated in this ordinance. Section 4. In consideration of the rights granted in Section 1 hereof, the Company agrees and binds itself to extend its lines. and to serve any and all applicants for electric service whose dwelling or places of business located within the City of Du- buque, shall have been wired for electricity and who in good faith have entered into or signified their willingness to enter into a contract for such service, provided; the Company shall not be re- quired to extend its distribution lines, exclusive of service drop, in excess of one hundred and fifty (150) feet for'each customer served, except as follows: In the event that an extension of line in excess of one hundred and fifty (150) feet for each custo- mer to be served therefrom is required, the Com- pany shall not be required to expend for such ex- tension a sum greater than three (3) times the total of the estimated annual revenue to be derived from the customer or customers to be served by said line, and the customer or customers to be served shall be required to pay in addition to the regularly prescribed rates for electricity, a monthly service charge to cover the cost of ad- ditional fixed charges and maintenance, equal to their proportionate share of one per cent (1 �//o) of the cost of the line extension in excess of one hundred and fifty (150) feet of length per customer served, Said service charge shall be,paid for a period of sixty (60) months or until such time as the total length of line in feet divided by the number of customers served therefrom is one hundred and fifty (150) feet or less whichever is the lesser period of time. Section 5. The electric service rendered by the Company shall be subject at all times to regulations promulgated by the City Council. The Company shall have the right to prescribe reasonable service rules and regulations for the conduct of its business not inconsistent with the provisions of this Ordinance and a copy of such service rules and regulations shall be kept on file at all times with the City Clerk. Section 5a. The City has, by an Ordinance of even date herewith, granted by a franchise to the Company the right and permission to operate busses for public transportation (hereinafter called "Bus Franchise") upon and along the streets of the City of Dubuque for a period of ten years, and it is further expressly understood and agreed that if the Electric Franchise hereby granted be lawfully forfeited by the City because the Company has abandoned the operation of its electric distributing system, or otherwise, then and in such event the City may, at its option, also forfeit the Bus Fran- chise by its declaration so to do. It is further agreed that the Company may, with the consent and approval of the City Council, sell and transfer its Bus Franchise, and that any such sale or transfer will not constitute a forfeiture of either franchise. Section 6. The rates to be charged for electric- ity sold to the City of Dubuque and to private con- sumers within the City of Dubuque shall be subject to the control and regulations of the City Council of the City of Dubuque; provided that such rates shall be just, fair, reasonable and compensatory, and shall not be fixed until after reasonable notice has been given to the Company of the intention of the City Council to fix same. Regulations of rates shall be subject to any and all statutes relative thereto now or hereafter enacted by competent authority. Section 7. For the purpose of keeping the City Council informed as to the reasonableness of the rates in effect for the sale of electricity in the City of Dubuque, the Company agrees that on or before the thirty-first day of each May during the life of this Ordinance, it will file with the City Council, a statement covering the results of its operations within the City of Dubuque during the twelve month period ending with the thirty-first day of December preceding the month in which the report is rendered, showing the amount of revenues received from the sale of electricity, the expense and other charges incurred in render- ing such service, together with a statement of the value of the property and plant account clearly setting out the additions and retirements made during the period covered by the report, all in sufficient detail for reasonable examination and determination of the adequacy or inadequacy of the rates then in effect. In the event of any rate proceedings, the Com- pany shall afford the City Council or any person or persons employed by it, free access to its books and records necessary to establish the adequacy or inadequacy of the rates then in effect or pro- posed. Section 8. The distribution system of the Com- pany now being operated or hereafter installed shall not be abandoned either in whole or in part, without the written consent of the City Council. In the event of any failure on the part of the Company to render electric service to the City of Dubuque and the inhabitants thereof as contem- plated and provided for by this Ordinance, the City Council shall have the right, upon reasonable notice to the Company, to declare this Ordinance and the rights and franchise granted thereunder forfeited, provided however, failure to operate by reason of causes beyond the reasonable control of the Com- pany, shall not be sufficient grounds to declare a forfeiture. Section 9. Should the City of Dubuque desire to acquire by purchase the generating plant and the transmission and distribution system serving the City of Dubuque and the inhabitants thereof, it shall at the expiration of any five year period from and after the first day of September, 1946, give the Company ninety days notice in writing of its in- tention, whereupon the Company and the City shall each name one representative and the two so named will choose a third party who shall be a competent appraisal engineer, who, with them, shall con- stitute a Board of Appraisal which shall immedi- ately proceed to determine the actual value of the generating plant and transmission and distribution system serving the City of Dubuque, taking into consideration all elements of value recognized by competent authority and law, but without including any value for the franchise herein granted. Such value when determined shall be binding upon both parties subject only to the approval of any duly constituted regulatory body or commission whose approval is required by law. Upon payment by the City of an amount equal to the agreed value of the generating plant and trans- mission and distribution system serving the City of Dubuque, the Company, its successors and assigns, shall deliver and convey to the City free and clear of all incumbrances all rights and title in and to said property and all rights, privileges and fran- chises granted herein to the Company shall be terminated. 87 Section 10. The Company shall indemnify and hold the City harmless at all times during the term of this grant; from and against all claims for in- jury or damages to persons or property, both real and personal, caused by the construction, erection, operation or maintenance of any structure, equip- ment appliance or products authorized or used pur- suant to authority of this Ordinance. The Company, upon receipt of due notice in writing from the City, shall defend at its own ex- pense, any action or proceeding against the City of Dubuque arising from the Company's activities in the operation of its electric system. Should a judgment be rendered against the City in any such action, the amount of such judgment and costs shall be conclusive against the Company in any action brought by the City against the Company as to the liability and the amount of damages. Section 11. The Company shall grant to the City, free of expense, joint use of any and all poles owned or controlled by it for any proper municipal purpose acceptable to the Company in so far as may be done without interfering with the free use and enjoyment of the Company's own wires and fixtures, and the City shall hold the grantee harm- less from any and all actions, causes of action or damage caused by accruing directly or indirectly by or through the placing of the City's wires or appurtenances upon the poles of the grantee. Proper regard shall be given to all existing safety rules governing construction and maintenance in effect at the time of construction. Section 12. Should any section, clause or pro- vision of this Ordinance be declared invalid by a court of record same shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared invalid. Section 13. This Ordinance when duly ratified by the electors of the City of Dubuque, Iowa and accepted by the Interstate Power Company, shall be mutually binding upon both parties, their suc- cessors and assigns, and it is understood between the parties hereto that upon taking effect of this Ordinance, all franchise rights and privileges granted heretofore for the generation, transmission and distribution and sale of electricity, by the City of Dubuque to any electric company, person, firm or corporation, and heretofore owned or held by said Interstate Power Company, or in which said Company has or had an interest, shall terminate as of the effective date of this Ordinance. Passed by City Council upon final reading June 3rd, 1946. Ordinance No. 8-41. An Ordinance Fixing and Establishing Rates to be Charged for Residential, Commercial, Street Lighting, Power, and Other Uses and Purposes within the City of Dubuque, Iowa; and Regulating the Method of Service Thereof; Prescribing a Penalty for Violation Thereof; Repealing all Ordinances and Resolutions in Conflict Herewith; and Declaring an Emergency. Be it Ordained by the City Council of the City of Dubuque: Rates Fixed; Section 1. Commencing with all meter readings on and after May 1, 1941, the rates to be charged 88 for electricity for residential, commercial, street lighting, power and other uses and purposes by any person, firm or corporation supplying electrical energy within the City of Dubuque, except as herein otherwise provided, shall be fixed and determined as follows: SCHEDULE 1 Residential Service Availability: Available for 115/230 volt, single phase, alter- nating current service taken through one meter to an individual customer residing in a single occu- pancy residence or apartment for full domestic use, including small motors with individual rated capacities not in excess of two horse -power (Zhp.), provided, however) that off-peak controlled service for water heating will be taken through a separate meter. This rate is not available to the public areas of apartment buildings, or for rooming houses where in excess of four (4) rooms. are held for rental. First 25 K.W. Hrs. used per month @ $.05 per K.W.H. Net. Next 25 K.W. Hrs. used per month @$.04 per K.W.H. Net. Next 50 K.W. Hrs. used per month (B $.03 per K.W.H. Net. Next 100 K.W. Hrs. used per month @$.025 per K.W.H. Net. All in excess of 200 K.W. Hrs. used per month @ $ .02 per K.W.H. Net. Minimum Monthly Charge: $ .50. Prompt Payment: Customers' monthly bills shall be computed at the net rate and there will be added to the total net bill a sum equal to ten per cent (10%) thereof, which will be collected from the customers who fail to pay the net bill within (10) days from and after the date of the bill. SCHEDULE 2 Commercial Service Availability: Available for 115/230 volt, single phase, alter- nating current service for lighting and other uses in commercial establishments institutions, public areas of apartment buildings, including janitor's quarters when service to same is combined with service to public areas, and service when furnished through a single meter to two or more families re- siding in distinctive dwelling quarters in a single structure, and for rooming houses where in excess of four (4) rooms are held for rental. This rate is not available for the purchase of energy for resale, nor for breakdown or standby service. No motor with rated capacity in excess of two - horse power (2 hp.) or any apparatus that produces abnormal voltage fluctuation will be served under this schedule. Rate: For demands of less than six (6) kilowatts First 25 K.W. Hrs. used per month n $ .05 per K.W.H. Net. Next 75 K.W. Hrs, used per month'B $ .04 per K.W.H. Net. Next 500 K.W. Hrs. used per month @ $ .03 per K.W.H. Net. Next 500 K.W. Hrs, used per month @ $ .025 per K.W.H. Net. Next 500 K.W. Hrs. used per month @ $ . 02 per K.W.H. Net. All excess' K.W. Hrs. used per month @ $ .015 per K.W.H. Net. For Demand of six (6) kilowatts and more. The number of kilowatt hours in the fourth and fifth blocks (*) of the above rate will be increased by 100 K.W. Hrs. for each whole kilowatt of demand in excess of five (5) kilowatts. Minimum Monthly Charge: $ 1.00. Power Factor: Neon lighting, flourescent lamps and/or other gaseous tube lamps, or appliances having a low power factor, shall be equipped with affective cor- rective devices to increase the power factor of such lamps, or appliances to ninety per cent (90%) lag- ging, with such tolerance as may be necessary to conform to existing manufacturer's equipment. Prompt Payment: Customers monthly bill shall be computed at the net rate, and there shall be added to the total net bill a sum equal to ten per cent (10%) thereof, which will be collected from customers who fail to pay the net bill within ten (10) days from and after the date of the bill. SCHEDULE 3 Water Heating Service Availability: Abailable for 115/230 volt, single phase, alter- nating current service, for residences and com- mercial establishments for water heating with auto- matic storage type water heaters of standard make and design. The design and operating character- istics of all water heaters served under this sched- ule, as well as all necessary electrical connections for the protection of the circuit furnishing service to the water heater, must be acceptable to the per- son, firm or corporation supplying electrical energy. A suitable time switch will be supplied by the person, firm or corporation supplying electrical energy to control the periods when energy shall be supplied for heating, The hours of operation of off-peak service may be changed when deemed advisable, but under no condition shall they be less than twelve hours during any twenty-four hour period. Minimum storage capacity of each electric water heater shall be fifty(50) gallons, and no heating element shall have a capacity in excess of thirty (30) wattsper gallon of tank capacity. If two heat- ing elements are provided, one at the bottom and one at the top of the tank, and they are so inter- connected that only one unit can be in operation at a time,, then both units may be connected to the time controlled water heating circuit to be served under this schedule. If one unit is so connected that it can be used other than during the controlled, off- peak hour, then such unit shall be connected to the regular lighting circuit. Rate: Energy used during off-peak hours rcil $ .01 per K.W.H. Net. Energy used during periods other than off-peak, as hereinbefore specified, shall be billed with and at the same rate as other residential or commercial service. Prompt Payment: Customers' monthly bill shall be computed at the net rate and there shall be added to the total net bill a sum equal to ten per cent (10%) thereof, which will be collected from customers who fail to pay the net bill within ten (10) days from and after the date of bill. SCHEDULE 4 General Power Service Availability: Available for alternating current service at 11W230 volts, single phase, or three phase at either 230 volts or 160 volts for all power purposes when the connected load exceeds two horsepower (2 h.p.). Three phase service need not be supplied to loads of five horse -power (5 h.p.) or less except at the option of the person, firm or corporation supplying electrical energy. Lighting service may be combined with power service under this rate provided service is rendered through one meter and at the same secondary voltage, and the Mini- mum Billing Demand is not less than twenty kilo- watts (20 k.w.). This rate is not available for the purchase of energy for resale, nor for break -down or standby service. Term of Contract: Service will be rendered under this schedule for a minimum period of one (1) year and shall con- tinue thereafter until concelled by a thirty (30) day written notice by the customer. Conditions requiring unusual construction and expenditures for equipment to render service may require an agreement for a term in excess of one (1) year. Rate: First 10 hours use per month of each K.W. of billing demand @ $.05 per K.W.H. Net. Next 20 hours useer month of each K.W. of billing demand @ $ .04 per K.W.H. Net. Next 30 hours useer month of each KW of billing demand @ $ .03 per K.W.H. Net. Next 2000 kilowatt hours used per month @ $ .02 per K.W.H. Net. All excess kilowatt hours used per month @ $ .015 per K.W.H. Net. Minimum Billing Demand: Five (5) kilowatts except when combined light and power service is rendered when minimum billing demand is twenty (20) kilowatts. Minimum Monthly Charge;. $1.00 per month per horse -power, or equivalent, of connected (5 h.p.) and $.50 per month per horse- power or equivalent, thereof for the next forty-five horse -power (45 h.p.) and $.Z5 per horse -power for all over fifty horse -power (50 h.p.) or equivalent, of the total connected load in horse -power. Major 89 fractions of a horse -power shall be considered as one whole horse -power of connected load. $ 1.00 per month will be added to the minimum monthly charge as stated above if lighting service is combined with power service under this rate. Determination of Billing Demand: The billing demand shall be determined by the greatest number of kilowatts registered during any thirty (30) minute interval as indicated by an•inte- grating demand meter furnished, installed and maintained by the person, firm or corporation supplying such electrical energy, provided, how- ever, that when the customer's load includes hoists, elevators, welding machines, and/or other apparatus where the use of electricity is inter- mittent or subject to violent fluctuations to the ex- tent that the indicated or recorded demand for a fifteen (15) minutes interval exceeds the maximum recorded or indicated demand during a thirty (30) minute interval by an amount in excess of fifty per cent (50%), then the customer's billing demand shall be determined by using the average of the three (3) highest fifteen (15) minute intervals indi- cated or recorded during the month. The billing demand for loads of less than twenty-five horse -power (25 h.p.) in lieu of meas- ured demands may be calculated in kilowatts, by multiplying the total rated connected load in horse- power (or h.p. equivalent) by sixty per cent (60%) Any major fraction of a kilowatt of demand so determined shall be considered one whole kilowatt of additional demand. Power Factor: If the power factor of any customer's load is found by test to be below eighty per cent (80%) lagging under normal operating conditions, and upon written notification thereof, the customer fails to correct the power factor within sixty (60) days, the person, firm or corporation supplying electricity will then increase the demand used for billing purposes by the ratio of 0.80 to the power factor as determined by test. Neon lighting, fluorescent lamps and/or other gaseous tube lamps, having a low power factor, shall be equipped with effective corrective devices to increase the power factor of such lamps to ninety per cent (90%) lagging, with such tolerance as may be necessary to conform to existing manu- facturer's equipment. Prompt Payment: Customer's monthly bills shall be computed at the net rate and there will be added to the total net bill a sum equal to ten per cent (10%) thereof, which will be collected from customers who fail to pay the net bill within ten (10) days of date of bill. SCHEDULE 5 Direct Current Service Availability: Abailable only to customers who are presently served with direct current on premises where direct current is now available for power purposes. No additional customers will be served and no ex- tensions to existing, installations will be permitted. 90 Rate: First 500 K.W. Hrs. used per month @ $ .06 per K.W.H. Net. Next 500 K.W. Hrs. used per month (a7 $ .05. per' K.W .H. Net. Next 1000 K.W. Hrs. used per month @ $.04 per K.W.H. Net. All in excess of 2000 K.W. Hrs. used per month @ $ .03 per K.W.H. Net. Minimum Monthly Charge: $ 1.00 per horse -power for the first five horse -power (5 h.p.) and $ .50 per horse -power for the next forty-five horse -power (45 h.p.) and $ .25 per horse -power for all over fifty horse -power (50 h.p.) of the total connected load in horse -power (or h.p. equivalent) a major fraction of a horse -power shall be considered as one whole horse -power of additional connected load. Prompt Payment: Customers' monthly bills shall be computed at the net rate and there shall be added to the total net bill ten per cent (10%) thereof, which amount shall be collected from customers who fail to pay the net bill within ten (10) days from date of bill. SCHEDULE 6 Large Industrial Power Service Availability: Available for alternating current service to industrial and commercial customers whose monthly demand exceeds fifty kilowatts (50 k.w.), or who agrees to pay the demand charge for fifty kilowatts (50 k.w.) for lighting and power purposes, when all service is measured through one meter and and taken from one service connection. Service will be rendered at standard primary voltages of 2300 volts, or higher as may be available, or at secondary voltages of 460 volts or 230 volts. Transformers for rendering these standard voltages will be supplied by the person, firm or corporation supplying such electrical energy, provided, however, that only one secondary voltage will be supplied to customers whose maximum demand is less than one hundred kilowatts (100 k.w.). Additional transformers not located at the point of delivery, and special voltage trans- formers for lighting or other purposes shall be supplied and maintained by the customer. This rate is not availbale for the purchase of energy for resale, nor for break -down or standby serv- ice. Term of Contract: Service will be rendered under this schedule for a minimum period of one (1) year and shall continue thereafter until cancelled by a sixty (60) day written notice by the customer. Conditions requiring unusual construction and expenditures for equipment to render service may require an agreement for a term in excess of one (1) year. Rate: Demand Charge First 50 K.W. of billing demand @ $1.25 per K.W. per month. Next 150 K.W. of billing demand @ $1.00 per K.W. per month. Excess K.W. of billing demand Ca $ .75 per K. W. per month. Energy Charge First 5,000 K.W. Hrs. used per month @ $ .015 per K.W.H. Next 10,000 K.W. Hrs. used per month @ $ .01 per K.W.H. Next 15,000 K.W. Hrs. used per month @ $ .009 per K.W.H. Next 120,000 K.W. Hrs. used pe month $ .0085 per K.W.H. Excess K.W. Hrs. used per month @ $ .0075 per K.W.H. Premium Rate for High Load Factor: --When Customer's billing demand exceeds 1,000 KW, all energy used in excess of 635 hours use of the bil- ling demand will be billed at $ .006 per Kwhr. Equipment Supplied by Customer: When customer furnishes and maintains all transformers and/or other apparatus necessary for the customer to take service at primary voltage, the charges computed under the above rate will,,lbe reduced by an amount equal to five per cent (5%n) thereof. Metering: Metering shall be at either primary or second- ary voltage at the option of the person, firm or corporation supplying electrical energy. If it is elected to meter at the primary voltage, the billing less any previous adjustment will be reduced by two and one-half (2-1/2%) per cent to compensate for transformer losses. Prompt Payment Discount: A discount of two and one-half per cent (2-1/2%) of the billing less any adjustments heretofore made will be allowed if bill is paid within ten (10) days of date thereof. Maximum Demand: The maximum demand in any month shall be determined by the greatest number of kilowatts (KW) recorded or indicated on a standard inte- grated demand meter in any thirty (30) minute in- terval during the month, such meter to be pro- vided, installed and maintained by the person, firm or corporation supplying such electrical energy, provided, however, that when the custom- er's load includes hoists, elevators, welding machines, and/or other apparatus, where the use of electricity is intermittent or subject to violent fluctuation to the extent that the indicated or recorded demand for a fifteen (15) minute interval exceeds the recorded or indicated demand for a thirty (30) minute interval by more than fifty per cent (50%), then the customer's billing demand shall be determined by using the average of the three highest fifteen (15) minute interval indicated or recorded demands during the month. Billing Demand: The billing demand shall be the maximum de- mand except when the customer's average power factor, by actual measurement, is less than eighty per cent (80%) lagging, or more than ninety per cent (90%) lagging, in which case the billing de- mand shall be determined each month therefrom by increasing the measured maximum demand by one per cent (1%) for each one per cent (1%) that the average monthly power factor is found to be below eighty-five per cent (85%) lagging and de- creasing the maximum demand by one per cent (1%) for each one per cent (1%) that the average monthly power factor is found to be greater than eighty-five per cent (85%) lagging. The billing demand shall in no event be less than fifty kilo- watts (50 K.W.). Power Factor: The average power factor of the customer's load shall be determined monthly from readings registered by the watthour meter and a reactive component meter which shall be furnished by the person, firm or corporation supplying electricity. It shall be calculated by dividing the number of kilowatt hours as registered by the square root of the sum of the square of the kilowatt hours registered plus the square of the reactive kilovolt ampere hours registered. Reactive component meters will be ratcheted so only lagging reactive kilovolt ampere hours will be recorded. Minimum Monthly Charge: The minimum monthly charge shall be the demand charge for fifty (50) kilowatts plus the energy charges which may apply. Fuel Adjustment: The rates for electrical energy stated herein are based upon using coal or other boiler fuel to produce such energy and costing sixteen cents ($0.16) per million B.T.U. delivered in the bunkers of the Dubuque, Iowa, plant of the person, firm or corporation supplying such electrical energy at Dubuque, Iowa. In the event that the average cost of boiler fuel delivered as aforesaid differs from the base price of sixteen cents ($0.16) per million B.T.U. by one cent ($0.01) or more per million B.T.U., then the net bill as computed shall be increased or de- creased, as the case may be, by an amount equal to the number of kilowatt hours used at twenty-two hundredths mills ($.00022) per kilowatt hour for each whole one cent ($0.01) by which the cost of one million B.T.U. of boiler fuel used during the preceding month exceeds or is less respectively than the base price of sixteen cents ($0.16) per million B.T.U. Before placing into effect the terms of this provision, the firm, person or corporation supply- ing electrical energy at Dubuque shall first dis- close to the City Manager of the City of Dubuque sufficient data to warrant such action. SCHEDULE 7 City of Dubuque Water Service Availability: Available to the Water Department of the City of Dubuque for three phase, alternating current service of 2300 volts or 6900 volts for water pump- ing, when such pumping is restricted to off-peak periods as defined herein. 91 Rate: $ .009 per K.W.H. Net. Off -Peak Periods: The off-peak period, as prescribed under this schedule is defined to be the hours between 8:00 P.M. and 8:00 A.M. the following day, and the hours between 12:00 Noon and 2;00 P.M. daily through the year and from 4:00 P.M. and 6:00 P.M. daily during the period from April 15 to September 15, inclusive, or in case of emergency, or when, at any time, the life or property of the citizens of Dubuque may be in danger. An emer- gency shall be held to exist (1) whenever the water in the Eagle Point Reservoir is in danger of over- flowing. (2) whenever, to maintain proper pres- sures for fire protection, it is necessary to pump water from the lower level storage to the high service elevated tanks and stand -pipes. Fuel Adjustment: The rate for electrical energy stated herein is based upon using coal or other boiler fuel to pro- duce such energy and costing sixteen cents ($0.16) per million B.T.U. delivered in the bunkers of the Dubuque, Iowa, plant of the person, firm or cor- poration supplying such electrical energy at Du- buque, Iowa. In the event that the average cost of boiler fuel delivered as aforesaid differs from the base price of sixteen cents ($0.16) per million B.T.U. by one cent ($0.01) or more per million B.T.U., than there shall be added to, or deducted' from the rate herein- before provided per kilowatt hour, twenty-two hundredths mills ($ .00022) for each whole one cent ($0.01) by which the cost of one million B.T.U. of boiler fuel used during the preceding month ex- ceeds or is less respectively than the base price of sixteen cents ($0.16) per million B.T.U. Before placing into effect the terms of this pro- vision, the firm, person or corporation supplying electrical energy at Dubuque shall first disclose to the City Manager of the City of Dubuque suf- ficient data to warrant such action. SCHEDULE 8 Street and Boulevard Lighting Service Availability: Available to the municipality of the City of Dubuque and to the Board of Park Commissioners of the City of Dubuque for lighting streets, alley ways and park areas, and for traffic control and police call signals. R ate; (a) Overhead System: The rates to be charged for each overhead street light owned, operated, maintained and sup- plied with electrical energy by the person, firm or corporation supplying electrical energy within the City of Dubuque, including the Replacement of all glassware and renewal of lamps, shall be: PER YEAR Size of Hours Rate Lamp -Lumens of Burning Per Year 1000 4000 $ 20.40 2500 4000 26.40 4000 4000 31.20 92 (b) Ornamental Street Lighting: The rates to be charged for each lighting stand- ard by the person, firm or corporation supplying electrical energy within the City of Dubuque for the operation of such lighting standard of the orna- mental street lighting system owned by the City of Dubuque and/or the Park Board of the City of Du- buque, including all electrical energy for the opera- tion thereof and all expenses and/or charges inci- dent to the operation of said system including the cost of replacement of any and all glassware and renewal of lamps, except where the breakage of such glassware and/or lamps is due to traffic damage, but not including the maintenance of cables and lighting standard which shall be maintained by the owners thereof, shall be: Standard Size of Lamp -Lumens 1 -Lamp @ 600 1 -Lamp @ 1000 1 -Lamp @ 2500 1 -Lamp @ 6000 2 -Lamp @ 6000 1 -Lamp @ 2500 1 -Lamp 6000 2 -Lamp @ 6000 Traffic Control Signals: PER Hours of Burning 4000 4000 4000 4000 4000 2000 2000 2000 YEAR Rate per year $10.20 11.40 16.80 29.40 53.40 12.60 20.40 34.80 The rates to be charged for electrical energy furnished for the operation of the traffic control signals owned, operated and maintained by the City of Dubuque, shall be: No. and size of lamps. Rate Per Year 4 -Light -40 watts $ 55.80 3 -Light -40 watts 36.00 Flashing Type 24.00 Police Call Signals: The rates to be charged for electrical energy furnished for the operation of the police call signal system owned by the City of Dubuque, shall be $ 8.00 per year per call signal. Park Lights: The rates to be charged by the person, firm or corporation supplying electrical energy within the City of Dubuque for the operation of each park lighting standard of the park or street lighting sys- tem owned by the Dubuque Park Board, including all energy required for the operation thereof, and all expenses or charges incident to the operation of such system, including the cost of the replace- ment of any and all glassware and/or renewal of lamps, except where the breakage of such glass- ware or lamps is due to traffic damage, but not including the maintenance of cables and lighting standards which shall be maintained at the cost of the owners thereof, shall be Standard Size of Lamp -Lumens 1 -Lamp @ 4000 1 -Lamp @ 2500 5 -L amp* PER YEAR Hour s of Burning Rate per Year 4000 $ 22.80 4000 16.80 19.20 *Standard has 1-100 watt lamp and 4-50 watt lamps burning 4,000 hours and 1,640 hours respec- tively. Payment; Bills shall be rendered monthly by the person, firm or corporation supplying such electrical energy to the City of Dubuque, Iowa, at the rate of one -twelfth (1 -12th) of the respective annual charge for each street light, ornamental standard, traffic control signal, and/or police call signal in service during the month for which the bill is rendered. Change in Service Classification: Section 2. Any customer taking service under one or more of the various classifications of service may elect to change to any other classifi- cation that may be available to him, provided, however, that the person, firm or corporation supplying electrical energy in the City of Dubuque need not change any customer's classification more than once in any twelve (12) month period. Meter Service; Section 3. No person, firm or corporation supplying electrical energy in the City of Dubuque shall install any meter or meters upon a custom- er's premises for the purposes of measuring electrical energy to be supplied to said customer unless and until such meter has been compared with a standard meter and adjusted so that the error in registration at full load is not more than plus or minus two per cent (2%) of accuracy within a period of six (6) months preceding date of installation upon said customer's premises. Any meter installed upon a customer's premises shall bear a label clearly indicating the date that said meter was tested and recalibrated. Meters at the effective date of this ordinance in service shall be systematically tested and/or compared with a standard meter and adjusted to register within plus or minus two per cent (2%) of accuracy, in such numbers so that within five (5) years from and after the effective date of this ordinance all meters in service within the City of Dubuque will have been tested and recalibrated, and no meter shall be kept in service which has not been recalibrated within said five (5) year period. The person, firm or corporation supplying electrical energy in the City of Dubuque shall keep on file a record of the test of each meter, installed upon or retained in service upon a customer's premises after test, which record shall be avail- able for inspection by officials of the City of Du- buque. Such record as filed shall indicate the name of the manufacturer of said meter, its serial number, type, capacity, number assigned to it by its owner, the name and address of the customer where said meter was in service prior to said test, the date of said test and date of last previous test, together with the percentage of error above or below accuracy, as disclosed by said test. Meters shall be adjusted to register within plus or minus two per cent (2%) of accuracy at full load. Penalty: Section 4. Any person, firm or corporation who shall charge or exact other or different rates or charges for any type of service, the rates for which service are herein fixed and determined, or who shall violate any of the provisions hrerof, shall be deemed guilty of a misdemeanor and upon convic- tion thereof shall be fined not to exceed $100.00, or imprisoned not to exceed thirty (30) days in jail. Repeal Clause; Section 5. All ordinances, parts of ordinances or resolutions in conflict herewith or in any man- ner .r elating to the subject matter hereof be, and the same are, hereby repealed. Passed, adopted and approved upon final reading this 29th day of April, 1941. Amended 7/7/47. Bus Franchise Special Ordinance Ordinance No. 16-46. An Ordinance Granting to the Interstate Power Company, a Delaware Corporation, Its Succes- sors and Assigns, the Right and Permission to Operate Busses for Public Transportation upon and along the Streets of the City of Dubuque, Iowa, and Regulating the Operation of Such Busses While upon or along the Said Streets for a Period of Ten (10) Years; Repealing All Existing Franchise Ordinances Heretofore Granted to Interstate Power Company or Its Predecessors Affecting the Operation of a Street Railway or Bus System and Requiring the Sur- render of All Rights Thereto by the Grantee or Its Assigns, Therein; and Providing for the Sub- mission of Said Ordinance to Vote of the Legal Voters of Said City for Approval. Be it Ordained by the City Council of the City of Dubuque: Section 1. In consideration of the faithful per- formance and observance of the conditions and reservations hereinafter specified, the right is hereby granted to the Interstate Power Company, a corporation organized under the laws of the State of Delaware, its successors and assigns, hereinafter referred to as the Company, the right and permission to operate busses for public trans- portation as a common carrier upon and along the streets of the City of Dubuque in accordance with the laws of the State of Iowa and the ordinances and regulations of the City of Dubuque, for a period of ten (10) years following fulfillment of Section XIII. hereof. Section 2. _ The Company, its successors and assigns, is hereby granted the right to enter into, upon and along the streets of the City of Dubuque for the purpose of operating its busses to provide local transportation for the residents of said City and other persons. It shall establish such routes including stopping points and operate its busses with sufficient headway and at such hours of the day as the City Council may determine to be reasonably necessary to adequately serve the needs of the traveling public and in accordance with the restrictions and conditions herein stated. Section 3. Equipment to be used for said trans- portation system shall be of modern design and constructed suitably for the safety, convenience and comfort of the passengers; it shall be kept reasonably clean, adequately lighted and heated and shall bear destination signs, illuminated in periods of darkness and shall be provided with all safety appliances as may be required by the laws of the State of Iowa or the ordinances of the City of Dubuque. Section 4. Busses shall not be operated at a greater rate of speed than is consistent with the 93 safety of the public; due regard is to be given to the density of traffic upon the streets. All busses shall come to a full stop before crossing railroad tracks and shall not proceed further until it has been ascertained that no locomotive, car or train is approaching the crossing. Unless otherwise determined by the City Coun- cil in the interest of safety and convenience of the public, all busses, when loading or discharging passengers, shall draw up to the curb and stop at the near side of the street intersection in spaces set apart for that purpose. In all instances, operation of busses shall con- form with the traffic laws of the State of Iowa and the the ordinances of the, City of Dubuque now in effect or hereinafter enacted. Section 5. The rate of fare to be charged passengers for riding upon the busses operated by the the Company shall be subject to the control and regulations of the City Council of the City of Du- buque; provided that such fares shall be just, fair, reasonable and compensatory, and shall not be fixed until after reasonable notice has been given to the Company of the intention of the City Council to do so, and further provided that the rate of fare for children twelve years of age and younger shall be one-half of that charged adults, and children in arms shall be carried free of charge. From the first day of September to the thirtieth day of Tune in each year, Saturdays, Sundays and holidays excepted (such period constituting the school term) school children eighteen years of age and younger shall be entitled to ride upon non- transferable half fare tokens, the same to be used only in going to and from public or parochial schools during the hours of 7:45 A.M. to 4:15 P.M. These tokens shall be sold under the following regulations subject to reasonable modifications by the Company as circumstances demand. (a) The Company shall have for sale at its main office such tokens in blocks of forty, and shall sell the same upon presentation of a certificate from the school authority. (b) Any abuse of the privilege granted hereunder will result in the forfeiture thereof, and extensive abuse will result in the forfeiture of this special privilege. Regulations of fares shall at all times be sub- ject to any and all statutes relative thereto now or hereafter enacted by competent authority. Section 5a. The City has, by an Ordinance of even date herewith, granted a franchise to the Company to erect, maintain and operate its existing electric distributing system in the City of Dubuque (hereinafter called "Electric Franchise") and it is hereby expressly agreed that if the franchise here by granted shall be lawfully declared forfeited by the City because the Company has abandoned the operation of the "Bus Franchise", then, and in that event, the City may, at its option, declare the for- feiture of the Electric Franchise by giving the Company ten days notice of such forfeiture in writing writing, and at the end of said ten day period the Electric Franchise will stand forfeited and be of no further force or effect. It is further agreed that the Company, with the consent and approval of the City Council may sell and transfer its Bus Fran - 94 chise, and that any such sale or transfer shall not constitute a forfeiture of either franchise. It is further understood that at the expiration of the Bus Franchise of even date herewith, that this Section No. 5a of this franchise shall no longer be of any force or effect, and at which time this Section shall become inoperative. Section 6. For the purpose of keeping the City Council informed as to the reasonableness of the rate of fare in effect, the Company agrees that on or before the thirty-first day of each May during the life of this Ordinance, it will file with the City Council a statement covering the results of its operations during the twelve-month period ending with the thirty-first day of December preceding the month in which the report is rendered showing the amount of revenue received from bus opera- tions, the expense and other charges incurred in rendering such service, together with a statement of the value of the property and plant account clearly setting out the value of the additions and retirements made during the period covered by the report, all in sufficient detail for reasonable examination and determination of the adequacy or inadequacy of the rate of fare then in effect. In the event of any rate proceedings, the Com- pany shall afford the City Council or any person or persons employed by it, free access to its books and records necessary to establish the adequacy or inadequacy of the rate of fare then in effect or proposed. Section 7. The Company shall transport free of charge on its busses as ordinary passengers all policemen regularly employed by the City of Du- buque and wearing the insignia of their office as well as firemen when in full uniform, while occu- pied in the performance of their official duty. Section 8. The public transportation system of the Company authorized herein shall not be aban- doned either in whole or in part, without the written consent of the City Council. In the event of any failure on the part of the Company to render transportation service to the public of the City of Dubuque 'as contemplated and provided for by this Ordinance, the City Council shall have the right, upon thirty days notice to the Company, to declare this Ordinance and the rights and franchise granted thereunder forfeited, pro- vided, however, failure to operate by reason of cuases beyond the reasonable control of the Com- pany shall not be sufficient grounds to declare a forfeiture. Section 9. Should the City of Dubuque at any time during the life of this Ordinance, desire to acquire by purchase the public transportation sys- tme of the Company serving the City of Dubuque, it shall, on September first of any year, give the Company ninety days notice in writing of its in- tention whereupon the Company and the City shall each name one representative and the two so named will choose a third party who shall be a competent appraisal engineer, who with them shall constitute a Board of Appraisal which shall immediately pro- ceed to determine the actual value of the Company serving the City of Dubuque, taking into considera- tion all elements of value recognized by competent authority and law, but without including any value for the franchise herein granted. Such value when determined shall be binding upon both parties subject only to the approval of any duly constituted regulatory body or commission whose approval is required by law. Upon payment by the City of an amount equal to the agreed value of the transportation system, the Company, its successors and assigns, shall deliver and convey to the City free and clear of all incumbrances, all rights, and title in and to said property and all rights, privileges and fran- chises granted herein to the Company shall be terminated. Section 10. The Company shall indemnify and hold the City harmless at all times during the term of this grant, from and aginst all claims for in- jury or damage to persons or property, both real and personal, caused by the operation or mainten- ance of any structure or equipment authorized or used pursuant to authority of this Ordinance. The Company, upon receipt of due notice in writing from the City shall defend at its own ex- pense, any action or proceeding against the City of Dubuque arising from the Company's activities in the operation of its public transportation sys- tem, Should a judgment be rendered against the City in any such action, the amount of such judg- ment and costs shall be conclusive against the Company in any action brought by the City against the Company as to the liability and the amount of damages. Section 11. Should any section, clause or pro- vision of this Ordinance be declared invalid by a court of record, same shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared invalid. Section 12. This Ordinance when duly ratified •by the electors of the City of Dubuque, Iowa and accepted by the Interstate Power Company, shall be mutually binding upon both parties, their suc- cessors and assigns, and it is understood between the parties hereto that upon taking effect of this Ordinance, all franchises, rights, and privileges granted heretofore to the Interstate Power Com- pany or its predecessors for the operation of public transportation system of any description, shall terminate as of the effective date of this Ordinance. Passed by the City Council upon final reading Tune 3rd, 1946. Ordinance No. 42-50. An Ordinance Establishing and Fixing Rates to be Charged for the Furnishing of Bus Transporta- tion to Passengers on Busses Operated by the Interstate Power Company in the City of Du- buque; and Repealing Ordinance No. 17-49. Be it Ordained by the City Council of the City of Dubuque: Section 1. That Ordinance No. 17-49 adopted the 23rd day of May, 1949, is hereby repealed. Section 2. The fares to be charged by the Inter- state Power Company on all busses operating in the City of Dubuque under said franchise are here- by fixed as follows: 1. The charge for a single cash fare shall be ten (10) cnets. 2. The charge for three full -fare tokens shall be twenty-five (25) cents. 3. In accordance with and subject to the pro- visions of Section 5 of said franchise, children in arms shall be carried free of charge, the cash fare for children under 12 years of age shall be five (5) cents, and half -fare tokens shall be sold at the rate of six (6) of such tokens for twenty- five (25) cents. 4. When requested transfers shall be issued upon the payment of all fares without additional charge. Section 3. That any person, firm or corporation who shall violate any of the terms of this Ordi- nance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed one hundred ($100.00) dollars or imprisoned not to exceed thirty (30) days in jail. Passed, adopted and approved upon final reading October 19th, 1950. Ordinance No. 15-32. An Ordinance Authorizing Interstate Power Com- pany, Its Successors and Assigns, to Substitute Motor Bus Transportation for Street Railway Transportation in the City of Dubuque; Fixing a Time for the Removal of Rails, Ties, Poles and Appurtenances from the Streets and the Restoration of Streets; Designating Motor Bus Routes; Prescribing the Places for Loading and Discharging of Passengers; Imposing Con- ditions upon the Rights Granted by This Ordi- nance; Providing for the Continuance in Effect of All the Provisions of the Franchise Ordi- dance of Said Interstate Power Company Not Inconsistent Herewith; and Requiring an Accept- ance of the Provisions Hereof. Be it Ordained by the City Council of the City of Dubuque: ABANDONMENT AND SUBSTITUTION. Section 1. That the Interstate Power Company, its suc- cessors and assigns, be and it is hereby authorized to abandon its existing street railway system and substitute therefor a modern motor bus transporta- tion system. IMMEDIATE REMOVAL OF POLES, WIRES, SWITHCES, PASSING TRACKS, FTC. Section 2. That upon the discontinuance of street railway operation said Interstate Power Company, its successors and assigns shall begin at once and complete, at its own expense, the removal from City streets of all trolley poles, guy poles and other poles no longer necessary for street car operation, except such of these poles as may be required by the City for its alarm signal system. It shall also remove all trolley wires, span wires and other useless overhead equipment It shall also remove all rails and wooden ties (unless said wooden ties are laid on and encased in concrete), and switch fixtures at existing passing tracks (except the pas- sing tracks on Central Avenue and West Locust Street) and rails and ties at railroad crossings. It shall remove rails and the rods (no ties installed) at the curved branch -off at the northwest corner of Main and West Eighth Streets. It shall also re- move tracks and wooden ties in brick paving on Central Avenue in front of present street car barn 95 as quickly as the sale of present street cars can be made and said cars removed from car barn; however, said Central Avenue car barn tracks shall be completely torn out and new concrete paving constructed to replace the existing brick paving on Central Avenue at this location not later than July 1st, 1933. REMOVAL OF OTHER TRACKS. Section 2-A. Rails, wooden ties (unless said wooden ties are laid on and encased in concrete) and other track facilities now located in asphalt and brick pave- ments shall be removed by said Interstate Power Company, its successors and assigns, at its ex- pense, within five years from the 1st day of Tune, 1933. Such work shall be distributed proportion- ately over such five year period, the right being expressly reserved to the City Council of the City of Dubuque to designate the streets from which such equipment shall be removed in each year. Rails and ties now placed in existing concrete streets shall be permitted to remain until such time as danger to vehicular traffic shall require removal of the same and this removal shall be performed at the expense of the Interstate Power Company, its successors and assigns. REMOVAL BY CITY. Section 3. Should said Company, its successors and assigns, fail or re- fuse to remove its poles, wires, rails, ties and other equipment, appurtenant to the operation of its street railway system in the manner and, at the times provided for in section 2 and 2A hereof, the City of Dubuque shall remove or cause the same to be removed and charge the cost thereof to said Company, its successors and assigns, including the cost of the replacement of the streets from which such equipment has been removed. REPLACEMENT OF STREETS. Section 4. Whenever and as poles, rails and ties are removed from the streets and sidewalks; said Company, its successors and assigns, shall restore the surface of the streets and sidewalks to as good condition as they were before such equipment was removed, the restoration of such streets and sidewalks to be made of such materials as conform to the existing right of way, and sidewalks, or its equal, and all work shall be done under the supervision of the Manager and Engineer and subject to their approval and at the expense of said Company, its successors or assigns. Failure or neglect to restore such streets and sidewalks, as herein provided, shall authorize the City of Dubuque to perform such work and charge the expense thereof to said Company, its successors or assigns. LIABILITY OF COMPANY. Section 5. During the time or times the removal of poles, wires, rails, ties and other equipment appurtenant to the operation of the street railway system is being undertaken, said Company, its successors as assigns, shall assume all responsibility for dam- ages to persons or property which may arise on account of any negligence in the performance of such work and shall hold the City of Dubuque harmless from such damages. REPAIRS OF RIGHT OF WAY. Section 6. That the provisions of said Section 6 of the franchise ordinance relating to repairs on the space occupied as right of way under said ordinance shall continue in effect as long as the rails and ties, or either one, remain in the streets, provided, however, that such company, its successors or assigns, shall 96 not be required to repair its right of way from which rails have been removed but ties have been allowed to remain where laid on and encased in concrete when defects arise therein from causes proven to be extraneous to street railway facilities in the streets; that is to say, that said Company, its successors and assigns, shall keep the space occupied by its right of way in good repair at all times and the City Council shall have the right to determine the necessity for repairs and the materials with which such repairs shall be made, and should said Company, its successors or assigns, refuse or neglect to make such repairs for which it is herein chargeable, after a written notice of said Council to make repairs within a reasonable time, said Council shall have the right to cause said repars to be made and charge the expense thereof to said Company, its successors and assigns. Passed July 12, 1932. Amended 6/6/38 Ordinance No. 12-38. An Ordinance Designating Bus Routes. Be it Ordained by the City Council of the City of Dubuque: Section 1. In consideration of the permission to abandon the railway system and substitute there- fore motor bus transportation, and in order to pro- vide greater facilities to the public, without inter- fering with or nullifying railway routes as existing when the franchise ordinance was adopted, it is pro- vided that the routes to be traversed by said motor bus transportation system shall be as follows: 1. GRANDVIEW AVENUE ROUTE; Commencing at Eighth Avenue and Main Street; thence on Main Street to West Fourteenth Street; thence on West Fourteenth Street to Prairie Street; thence on Prairie Street to West Eleventh Street; thence on West Eleventh to Race Street; thence on Race Street to Rose Street; thence on Rose Street to Alta Vista Street; thence on Alta Vista Street to West Four- teenth Street; thence on West Fourteenth to Algona Street; thence on Algona Street to Bennett Street; thence on Bennett Street to North Grandview Avenue; thence on North Grandview and South Grandview Avenue to Southern Avenue; thence on Southern Avenue to South Locust Street; thence on South Locust Street to Dodge Street; thence on Dodge Street to Main Street; thence on Main Street to place of beginning at Eighth Avenue and Main Street. 2. CLEVELAND AVENUE AND DODGE STREET ROUTE: Commencing on Main Street at West Eleventh Street; thence on Main Street to Jones Street; thence on Tones Street to Locust Street; thence on Locust Street to Dodge Street; thence on Dodge Street to Grandview Avenue; thence on South Grandview Avenue to Bryant Street; thence on Bryant Street to Rush Street; thence on Rush Street to Villa Street (weather permitting, otherwise on Rush Street to Mountain Lane); thence on either Villa Street or Mountain Lane to Cleveland Avenue, thence on Cleveland Avenue to Bryant Street thence on Bryant Street to Dodge Street; thence on Dodge Street to Locust Street; thence on Locust Street to Tones Street; thence on Tones Street to Main Street; thence on Main Street to West Tenth Street; thence on West Tenth Street to Iowa Street; thence on Iowa Street to West Eleventh Street; thence on West Eleventh Street to the place of beginning. 3. SEMINARY HILL ROUTE; Commencing at Eighth Avenue and Central Avenue; thence on Central Avenue to Seventh Street; thence on Seventh Street to Main Street; thence on Main Street and Madison Street to Seminary Street; thence on • Seminary Street to St. Ambrose Street; thence on St. Ambrose and Asbury Streets to Delhi Street; thence on Delhi Street to Julien Avenue at Mount Pleasant Street; thence on Julien Avenue to Alpine Street; thence on Alpine Street to West Third Street; thence on West Third Street to Hill Street; thence on Hill Street to Eighth Avenue; thence on Eighth Avenue to point of beginning on Central Avenue. 4. WEST DUBUQUE ROUTE; Commencing at White Street and East Eighth Avenue; thence on East Eighth Avenue and Eighth Avenue to Hill Street; thence on Hill Street to West Third Street; thence on West Third Street to Tames Street; thence south on Tames street to Langworthy Street; thence west on Langworthy Street to Alpine Street; thence on Alpine Street to Julien Avenue; thence on Julien Avenue to Delhi Street; thence on Delhi Street to Asbury Street; thence on Asbury Street and St. Ambrose Street to Seminary Street; thence on Seminary Street to West Locust Street; thence on West Locust Street to West Seventeenth Street; thence on West Seventeenth Street to Main Street; thence on Main Street to Tenth Street, thence East on Tenth Street to Central Avenue, thence south on Central Avenue to Eighth Avenue, the place of beginning. 5. EAST DUBUQUE ROUTE: Commencing on Eighth Avenue at Main Street; thence east on Eighth Avenue to Central Avenue; thence south on Central Avenue to Fourth Street to Iowa Street; thence south on Iowa Street to Second Street; thence west on Second Street to Locust Street; thence south on Locust Street to the East Dubuque Bridge, returning from East Dubuque Bridge on Locust Street north to Eighth Avenue; thence east on Eighth Avenue to Main Street, the place of begin- ning. That bus stops on said route between West Fourth Street and Eighth Avenue shall be as fol- lows: On the south east corner of Locust and West Fourth Streets; on the southeast corner of Locust and West Sixth Streets, and on the southeast cor- ner of Locust Street and Eighth Avenue. 6. SPECIAL SCHOOL BUS ROUTES: (a) Com- mencing on Main Street at Tones Street; thence on Main Street to Railroad Street; thence on Railroad Street to Locust Street; thence on Locust Street to Rockdale Road; thence on Rockdale Road to South Grandview Avenue; thence on South Grandview Avenue to end of Avenue; thence return on South Grandview Avenue and North Grandview Avenue to West Third Street; thence on West Third Street to Alpine Street; thence on Alpine Street to Julien Avenue; thence on Julien Avenue to Delhi Street; thence on Delhi Street to Asbury Street; thence on Asbury Street to St. Ambrose Street; thence on St. Ambrose Street to Seminary Street; thence on Seminary Street to West Locust Street; thence on West Locust Street to West Seventeenth Street; Thence on West Seventeenth Street to Central Ave- nue; thence on Central Avenue to bus terminal at Twenty-fourth Street. (b) Commencing on Main Street at Fifteenth Street; thence on Fifteenth Street to Locust Street; thence on Locust Street to West Locust Street; thence on West Locust Street to Seminary Street; thence on Seminary Street to Avoca Street; thence on Avoca Street to Rosedale Avenue; thence on Rosedale Avenue to West Locust Street; thence on West Locust Street to West Seventeenth Street; thence on West Seventeenth Street to Central Ave- nue; thence on Central Avenue to bus terminal at Twenty-fourth Street. (c) Commencing at Garfield Avenue and Elm Street; thence on Garfield to Marshall Street; thence on Marshall Street to Rhomberg Avenue; thence on Rhomberg Avenue to place of beginning at Elm Street. 7. CLEVELAND AVENUE AND MOUNT CAR - MEL ROUTE: Point of Beginning; 12th and Main, South on Main Street to Railroad Avenue, West on Railroad Avenue to Southern Avenue, West on Southern Avenue to Grandview, South on Grandview Avenue to Mount Carmel Loop, North on Grandview Avenue to Bryant, East on Bryant Street to Rush Street, South on Rush Street to Mountain Lane, East on Mountain Lane to Cleveland Avenue, North on Cleveland Avenue to Bryant Street, East on Bryant Street to Dodge Street, South and East on Dodge Street to Bluff Street, North on Bluff Street to Tones Street, East on Tones Street to Main Street, North on Main Street following regular Linwood route. 8. LINWOOD ROUTE: Point of Beginning: Davis Avenue and Windsor Avenue; West over Davis Avenue to Sheridan Avenue, South on Sheridan Ave- nue to Edith Street, West on Edith Street to Burden Avenue, South on Burden Avenue to Windsor Ave- nue, South on Windsor Avenue to 22nd Street, West on 22nd Street to Central Avenue, South on Central Avenue to Seventh Street, West on Seventh Street to Main Street, North on Main Street to 12th Street, East on 12th Street to Jackson Street, North on Jackson Street to 22nd Street, East on 22nd Street to Windsor Avenue, North on Windsor Avenue to Davis Avenue --or point of. beginning. 9. FREMONT AVENUE ROUTE; Point of Beginning: 8th Avenue and Main Street, South on Main Street to Tones, West on Tones Street to Bluff Street, South on Bluff Street to Dodge Street, West on Dodge Street to Fremont Avenue, South on Fre- mont Avenue to Wartburg Place; return over Fre- mont Avenue to Dodge Street, North and West on Lombard Street to Algona Street, North and East on Algona Street to Loras Blvd., East on Loras Blvd., to Alta Vista Street-, South on Alta Vista Street to Rose Street, East on Rose Street to Race Street, South on Race Street to West Eleventh Street, East on West Eleventh Street to Prairie Street, North on Prairie Street to Loras Blvd., East on Loras Blvd., to Main Street, South on Main Street to point of beginning. 10. EAGLE POINT ROUTE: Point of Beginning: Seventh and Main St., North on Main Street to 12th Street, East on 12th Street to Elm Street, North on Elm Street to Rhomberg Avenue, East on Rhomberg Avenue to Lincoln Avenue, West on Lincoln Avenue to Sumner Street, South on Sumner Street to Rhom- berg Avenue, West on Rhomberg Avenue to Elm St., South on Elm Street to 12th St., West on 12th Street to Main St.', South on Main Street to Sixth Street, 97 East on Sixth Street to Iowa Street, North on Iowa Street to Seventh Street, West on Seventh Street to point of beginning. 11. MAIN STREET ROUTE; Point of Begin- ning; Jones and Main Sts.; North on Main to 12th; East on 12th to Central; North on Central to Twenty -Fourth; East on Twenty -Fourth to Jackson; North on Jackson to Milwaukee Ave.; West on Mil- waukee to Central Avenue; South on Central Ave., to Fifteenth St., West on Fifteenth St., to Main; South on Main St. to point of beginning. Section 2. The foregoing routes shall be main- tained and serviced by motor bus transportation for the remaining period of the franchise of said Company, its successors and assigns, except mod- ifications and additions thereto may, when properly authorized, be made as the demands and conven- ience of the public may make the same necessary or advisable. Section 3. All ordinances or parts of ordi- nances in conflict herewith are hereby repealed. Sectipn 4. Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not to ex- ceed one hundred ($100.00) dollars or impris- oned not to exceed thirty (30) days in jail. Passed, adopted and approved upon final reading this 6th day of June, 1938. Amended 8/13/43; 3/28/47; 6/6/49. Ordinance No. 1-45. An Ordinance Granting to the Key City Gas Com- pany, Its Successors and Assigns, the Right to Retain, Extend, Maintain and Operate Its Existing Gas Distributing System in the City of Dubuque and to Lay and Maintain Its Gas Pipes and Appurtenances Thereto, in, under, through, across and upon Streets, Avenues, Alleys, Bridges, Parks, Highways, and Public Places of Said City and Additions Thereto for the Period of Twenty -Five (25) Years and Regula- ting the Same; Repealing All Existing Franchise Ordinances Heretofore Granted to the Key City Gas Company and Requiring the Surrender of All Rights Thereunder by the Grantee Therein; and Providing for the Submission of Said Ordi- nance to a Vote of the Legal Voters of Said City for Approval. Be it Ordained by the City Council of the City of Dubuque; Section 1. In consideration of the faithful per- formance and observance of the conditions and reservations hereinfater specified, the right be and is hereby granted to The Key City Gas Company, its successors and assigns, hereinafter called the Company, to retain, extend, maintain and operate its present gas distributing system and to lay and maintain its gas pipes and appurtencances thereto, in, under, through, across, along and upon the streets, avenues, alleys, bridges, parks, highways and public places of the City of Dubuque and ad- ditions thereto for a period of twenty-five (25) years following the fulfillment of Section 18 hereof. Section 2. In consideration of the rights granted in the first section hereof, the said Company agrees and binds itself, whenever required by applicants in good faith, to furnish a good and sufficient supply 98 of merchantable gas for illuminating, cooking, heating or power purposes to the City of Dubuque and to inhabitants thereof, in all cases where the buildings to be supplied are equipped for the use of gas and situated on or along the line of the streets or alleys in which the gas pipes of said Company are laid, also, in all such cases, when- ever required to make the usual meter connections necessary to supply buildings situated as aforesaid with gas for the purposes herein specified; the ex- pense of furnishing the consumer with proper meters, meter connections and service pipes to the property line to be borne by said Company. The Company also to make, from time to time, such extensions and additions to its gas mains as may be reasonably required by the City Council of said City, but in no event to any greater extent than is provided for in this ordinance. Section 3. It is further provided and agreed that the heating value of manufactured gas supplied and distributed under this grant shall be maintained at a minimum of 560 British Thermal Units per cubic foot of gas, which heating value shall not drop below this standard for more than three con- secutive days and not more than six days in any one calendar month, unless the City Council shall by resolution permit the supplying of gas of a lower heating value. It is further provided and agreed that the minimum pressure of manufactured gas supplied and distributed under this grant shall be maintained at three (311) inches of water column at any part of the distribution system. As evidence of the maintenance of such pressure an accurate recording pressure gauge located on Main Street between Sixth and Seventh Streets shall show a minimum pressure of five (511) inches of water column. The City Council expressly reserves the right to make tests from time to time to ascertain the quantity, quality and pressure of the gas fur- nished and the Company shall furnish the City, or any officer employed by it for that purpose, full access to its plant and whatever assistance may be necessary to properly make such tests. Section 4. Meters at the effective date of this ordinance in service shall be systematically tested with a meter prover and compared with an accu- rately calibrated standard test meter and adjusted to register within two per cent (2%) of accuracy in such numbers so that within each five year peri- od from and after the effective date of this ordi- nance all meters in service will have been tested and/or recalibrated. However, the City Council may by resolution extend the period for such tests. Section 5. The price of gas furnished to the City for public lighting, for lighting public buildings and for other public purposes, and also the price of gas furnished to private consumers shall be subject to the control and regulation of the City Council of the City of Dubuque; provided, that such prices or rates shall be reasonable and compensa- tory and shall not be so fixed until after reasonable notice to said Company of the intention of the City Council to exercise the right to fix the same; and further provided that the control and regulation of prices and rates shall be subject to any statute relative thereto now or hereafter enacted. Section 6. For the purpose of keeping the City Council informed as to the net earnings of said Company in all its departments and from all sources the Company agrees that on or before the thirty-first day of each May it will file with the City Council a report showing the revenues, ex- penses and charges in sufficient detail for reason- able examination and determination thereof and balance sheet, property account with additions and retirements in the same detail as furnished the State Tax Commission for the preceding calendar year. Upon request of the Council a similar state- ment will be supplied any July for the preceding six months. Whenever any controversy arises over the question of adjusting or fixing rates and prices or in any proceeding for that purpose the Company shall afford the Council or any person or persons authorized or employed by it, free access to the books and records of the Company required to establish the adequacy or inadequacy of the rates then in effect or proposed. Section 7. In making excavations in streets, alleys or other public places for the purpose of renewing, extending or repairing gas pipes, said Company shall proceed with such work so as to cause the least possible inconvenience to the pub- lic. While the work is under construction the Company shall properly guard and protect such obstructions which it may cause to be made in the streets, sidewalks and public places by placing at or near the same suitable barriers, guards or lights. After the work has been completed the Company shall replace the streets and sidewalks and public places which it has torn up or disturbed and leave the same in substantially the same con- ditions they were in before and remove all surplus materials at once. Should the Company fail or re- fuse to do and perform the things herein provided, the City may perform them and charge the ex- pense thereof to the Company. In case any suit or action at law be commenced against the City of Dubuque upon any claim for damages arising out of any loss, injury or damage charged to have been caused by any obstruction or excavation in any street, alley, sidewalk or public place in said City, and which obstruction or exca- vation was made or left in, under, or upon such street, sidewalk, alley or public place by said Company, its agents or employees, upon being notified by said City of such action or proceeding, said Company shall appear and make proper de- fense thereto; and if any judgment or decree shall in any such case be rendered against the City therein, said Company hereby agrees to assume and pay such judgment or decree,with the costs thereof. Section 8. The said Company agrees that it will at all times comply with any and all rules and regulations which the City Council of the City of Dubuque may make applying to the public generally with reference to the removal or replacement of pavements and to excavation in the streets and to uses of the streets not inconsistent with their use for the purposes contemplated in this Ordinance. The Company shall indemnify and hold the City harmless at all times during the term of this grant from and against all claims for injury or damage to persons or property caused by the construction, erection, operation or maintenance of any struc- ture, appliance, equipmentor products authorized or used pursuant to authority of this ordinance. The City shall pass suitable ordinances as may be necessary protecting the Company and its property against waste and unlawful use of gas, and the Company through duly authorized employ- ees is hereby authorized to enter the premises of its customers at all proper times for the pur- pose of reading meters, disconnecting customers, inspecting pipes and all other gas appliances and for determining the use of such gas by such cus- tomers. Section 9. Before the work of tearing up or ex- cavating in streets or public places is begun for the purpose of laying gas pipes, said Company shall file with the City Engineer an application showing the streets or public places where the proposed work is to be done and said Engineer shall there- upon, without unnecessary delay, assign the loca- tion for such pipes in such street or public place, and the Company in laying its pipes in such street or public place, shall follow such location. No ex- cavating for the laying of pipe shall be done until a location is assigned as herein provided. Section 10. The said Company shall, at its own expense, place and maintain on file in the office of the City Engineer, a complete and accurate map showing the size and location of all mains now in the streets, alleys and public places of said City and private Rights of Way, and such map shall be corrected and amended on or before January first of each year to show all new installations, addi- tions, extensions and removals of mains. Section 11. The Company shall at all times cause its pipes and appliances to conform with established street grades, either as they now are or as they may be hereafter changed. Whenever the City shall determine to construct, repair or im- prove in any manner, any street in the City, in or across which pipes or appliances of the Company are laid, making it necessary to lower, elevate, change, remove or relay any such pipe or appliance in order that such public improvement may be con- structed, the Company shall, at its own expense, make such alterations, and the decision of the City Council as to the necessity of such alteration or removal shall be final; provided, however, that a reasonable notice of the intention of the Council in this respect and the work required to be done shall be given the Company. Section 11. The Company shall install a service pipe to the property line for all buildings on the lines of its mains, provided written application is made by the consumer agreeing to use gas. Said Company shall also extend its mains into any street or territory provided it can obtain one consumer of gas for every eighty (80) feet of such extension. But the Company shall not be obliged to extend its mains as above provided unless written application is made by the prospective consumers agreeing to commence the use of gas as soon as the mains are so extended and the service pipes are laid into the property line. Section 13. Whenever an application for an ex- tension of its distributing system into unimproved territory is made to said Company the extension, including service pipes to the lot lines, shall be made by said Company provided that the cost there- of shall be paid by the applicant therefor, an esti- mate of such cost being furnished the applicant by the Company. When the property abutting such ex- tension is improved and there is a consumption of gas through the service pipes constituting a part 99 thereof, such applicant shall be entitled during the period of seven (7) years following the making of such extension, to a refund, at the end of each year, of all sums received by the Company for gas sold and delivered through said service pipes during the preceding year; provided, however, that in no case shall the total amount of such refunds exceed the sum of $ 5.00 per one thousand (1000) cubic feet of average annual gas sales through said service pipes, nor exceed the amount received by the Com- pany for the making of such extension. Should said Company fail or refuse to make such extension, the conditions provided for in this section having been complied with, the City Council by resolution may order said Company to make same. Section 14. As soon as practicable hereafter and thereafter during the term of this grant and in consideration therefor, the Company shall have prepared reasonable rules and regulations not in- consistent with the provisions of this Ordinance with reference to extensions of its distributing system which rules and regulations shall have a uniform application throughout the City and a copy of which shall be placed and kept on file with the City Clerk. Section 15. The distributing system or any part thereof of said Company now being operated by it or which may be hereafter installed shall not be abandoned or discontinued except with the consent of the City Council. In the event of any failure on the part of the Company to render the gas service to the City of Dubuque and the inhabitants thereof as contem- plated and provided by this Ordinance when such failure is not due to causes beyond the reasonable control of the Company, the City Council shall have the right, on reasonable notice to the Company to declare this Ordinance and the rights and fran- chises granted, thereunder forfeited. Section 16. In the event natural gas becomes available so that the Company desires to supply and distribute the same either in its natural com- position or mixed with manufactured gas, then, and in that event, the Company hereby agrees, at its own expense, to make all necessary changes and adjustments, including all labor and materials, in all domestic and commercial customers' appli- ances which can be reasonably changed and ad- justed to the end that such appliances may properly and effectively utilize the gas so furnished. In the event the Company elects to supply nat- ' ural gas mixed with manufactured gas the said mixed gas shall be supplied at a minimum of 800 British Thermal Units per cubic foot, which heat- ing value shall not drop below this standard for more than three consecutive days and not more than six days in any one calendar month, unless the City Council shall by resolution permit the supplying of said mixed gas of a lower heating value. Section 17. This Ordinance, when duly ratified by the electors of the City of Dubuque, Iowa, and accepted by the Key City Gas Company, shall be construed to have the force and effect of a contract between the City of Dubuque and said Company and to be mutually binding on both parties and it is understood and agreed by and between the said City of Dubuque and said Company that upon the taking effect of this Ordinance all franchise rights 100 and privileges granted theretofore by the City' of •Dubuque to any gas Company, person, firm or corporation, and theretofore owned or held by the said Key City Gas Company, or in which said Company has or had an interest, shall terminate as of that date. Adopted 2/5/45. Ordinance No. 10-49. An Ordinance Fixing and Establishing Rates to be Charged for the Furnishing of Gas for Residen- tial, Commercial, Industrial, and Other Uses and Purposes within the City of Dubuque, Iowa; Fixing and Regulating the Method of Service Thereof; Prescribing a Penalty for Violation Thereof; Repealing All Ordinances and Resolu- tions in Conflict Herewith; and Declaring an Emergency. Be it Ordained by the City Council of the City of Dubuque:. RATES FIXED: Section 1. Commencing with all meter readings on and after April 1, l'/49 the rates to be charged for gas for residential," commercial, industrial, and other uses and purposes by any person, firm, or corporation supplying gas within the City of Dubuque, except as herein otherwise provided, shall be fixed and determined as follows; SCHEDULE I GENERAL SERVICE AVAILABILITY: This rate is available for general service to all residential users of gas having neither an automatic matic water heater nor house heating equipment and to all commercial and industrial users of gas for general purposes including at their option, gas used for automatic water heating and -or space heating. RATE; 500 Cu. Ft. or less per meter per month. - Net $ 1.14 600 Cu. Ft. or less per meter per month Net $1.26 700 Cu. Ft. or less per meter per month Net $ 1.37 800 Cu. Ft. or less per meter per month Net $ 1.49 900 Cu. Ft. or less per meter per month Net $ 1.54 First 3000 Cubic Feet per month $1.60 per M. Cubic Feet Net. Next 4000 Cubic Feet per month 1.54 per M. Cubic Feet Net. Next 5000 Cubic Feet per month 1.49 per M. Cubic Feet Net. Next 8000 Cubic Feet per month 1.43 per M. Cubic Feet Net. Next 10000 Cubic Feet per month 1.31 per M. Cubic Feet Net. Next 20000 Cubic Feet per month 1.20 per M. Cubic Feet Net. Next 50000 Cubic Feet per month 1.09 per M. Cubic Feet Net. Next 50000 Cubic Feet per month 1.03 per M. Cubic Feet Net. All in excess of 150,000 Cubic Feet .80 per M. Cubic Feet Net Minimum monthly charge 1.14 per Meter. PROMPT PAYMENT; Customers monthly bills shall be computed at the net rate and there shall be added to all bills of $1.54 or less, a charge of 114 and to all bills in excess of $1.54, a charge equal to the quantity of gas consumed at 104 per 1000 Cubic Feet, which charges shall be collected from those customers who fail to pay their net bill within ten (10) days from and after date thereof. SCHEDULE 2 COMBINATION RESIDENTIAL AUTOMATIC WATER HEATING AND -OR HOUSE HEATING SERVICE AVAILABILITY: This rate is available to all residential users of gas having an automatic gas water heating unit and -or a gas house heating unit regardless of other ' gas appliances. All gas to be supplied through one meter. RATE: 500 Cu. Ft. or less per meter per month 600 Cu. Ft. per meter per month 700 Cu. Ft, per meter per month 800 "Cu. Ft. per meter per month 900 Cu. Ft. per meter per month First 2000 Cubic Feet per Month $1.60 per M. Cu. Ft. Net. Next 1000 Cubic Feet per Month $1.26 per M. Cu. Ft. Net. Next 7000 Cubic Feet per Month $ 1.03 per M. Cu. Ft. Net. All in excess of 10,000 Cu. Ft. per Month .80 per M. Cu. Ft. Net. Minimum Monthly Charge $1.14 per Meter. Net $1..14 Net $1.26 Net $1.37 Net $1.49 Net $1.54 PROMPT PAYMENT: Customers monthly bills shall be computed at the net rate and there shall be added to all bills of $1.54 or less, a charge of 11r4 and to all bills in excess of $1.54 a charge equal to the quantity of gas consumed at 10¢ per 1000 Cubic Feet, which charges shall be collected from those customers who fail to pay their net bill within ten (10) days from and after date thereof. REGULATIONS: Customers desiring gas house heating service shall first ascertain from the person, firm or corporation supplying gas, if such service is avail- able at the desired location and then shall install only approved gas burning apparatus in compliance with the supplier's safety requirements. SCHEDULE 3 COMMERCIAL AND INDUSTRIAL AUTOMATIC WATER HEATING AND -OR SPACE HEATING SERVICE AVAILABILITY: This rate is available to all commercial and in- dustrial consumers using an automatic gas water heater and -or automatic space heating equipment supplied with gas through a separate meter. Commercial consumers shall include all res- taurants, business houses, apartment buildings, except where each tenant has a separate meter, churches, and institutions. DEFINITION OF AN APARTMENT: (a) An apartment is defined as a portion of a building consisting of two or more rooms, equipped for living purposes. (b) In buildings where five or more rooms, ex- clusive of apartments are rented or are for rent, each five rooms or fraction thereof, (real estate rating), exclusive of apartments, shall be counted as an apartment. RATE; $1.03 per M. Cubic Feet per Month Net. Minimum monthly charge: $ 1.14 per Meter. PROMPT PAYMENT: Customers monthly bills shall be computed at the net rate and there shall be added to all bills of $ 1.14 a charge of 1(4 and to all bills in excess of $ 1.14 a charge equal to the quantity of gas con- sumed at 11:4 per 1000 Cubic Feet, which charges shall be collected from those customers who fail to pay their net bill within ten (10) days from and after date thereof. FUEL ADJUSTMENT CLAUSE Rates for gas are predicated upon the base price of materials as follows; Gas Coal Gas Oil Propane $11.45 per ton .135 per gallon .083 per gallon and on the consumption of these materials in the following quantities: .082 tons of coal per M, Cu. Ft. of coke oven gas produced 3.0 gallons of oil per M. Cu. Ft. of water gas produced 6.1 gallons of propane per M. Cu. Ft. of propane -air gas produced. Any change in the cost of these materials from the base price will result in an increase or de- crease in the rate per M. Cu. Ft. by the amount of the weighted average increase or decrease in the fuel costs per M. Cu. Ft.; said weighted average being based upon the proportion of coal gas, water gas and propane -air gas produced each quarter of the year. This computation will be made at the end of each quarter based upon the invoice cost of materials at that date and the gas production dur- ing the quarter. Any change in the rate per M. Cu. Ft. of gas sales is to become effective with all billings on the first day of the second month follow- ing the end of each quarter. All rate changes are to be computed to the nearest one cent ($.01). Before placing into effect the terms of this provision, the firm person or corporation supply- ing gas in the City of Dubuque shall first disclose to the City Council sufficient data to warrant such action. For the purpose of keeping the City Council in- formed as to the cost of gas based on the fuel clause outlined intthe ordinance, the person, firm or corporation supplying gas shall file with the City Council each quarter of the calendar year complete calculations on the subject, whether a rate adjustment is indicated or not. METER SERVICE: Section 2. No person, firm, or corporation supplying gas shall install any meter or meters upon a customer's premise for the purpose of measuring gas to be supplied to said customer unless and until such meter has been properly calibrated and adjusted within a period of six (6) months preceding date of installation upon a cus- tomer's premise sothatthe error in registration at rated meter capacity is within two percent (2 percent) of accuracy. Any meter installed upon a customer's premise shall bear a label clearly indicating the date that said meter was tested and recalibrated. No meter shall be kept in service which has not been recalibrated within a five year period. The person, firm or corporation supplying gas in the City of Dubuque shall keep on file a record of the test of each meter, installed upon or retained in service upon the customer's premise after test, which record shall be available for inspection by officials of the City of Dubuque. Such record as filed shall indicate the name of the manufacturer of said meter, its serial number, type, capacity, number assigned to it by its owner, name and 101 address of the customer where said meter was in service prior to said test, together with the per- centage of error above or below accuracy, as dis- closed by said test. Meters shall be adjusted to register within plus or minus two per cent (2 per cent) of accuracy at full load. PENALTY: Section 3. No person, firm, or corporation, who shall change or exact other or different rates and charges for any type of service, the rates for which service are herein fixed and determined, or who shall violate any of the provisions hereof, shall be deemed guilty of a misdemeanor and upon convic- tion thereof shall be fined not to exceed $ 100.00 or imprisoned not to exceed thirty (30) days in jail. REPEAL CLAUSE; Section 4. All ordinances, parts of ordinances or resolutions in conflict herewith or in any man- ner relating to the subject matter hereof, be, and the same are hereby repealed. Passed, adopted and approved upon final reading this 28th day of March, 1949. Ordinance No. 42. An Ordinance Providing for the Placing of Tele- phone Wires Underground Within Certain Lim- its, and Regulating the Erection of Aerial Tele- phone Poles and Wires Outside of said District. Be it Ordained by the City Council of the City of Dubuque: UNDERGROUND DISTRICT DEFINED. Section 1. That the territory in said City of Dubuque em- braced within the following described boundaries shall be known as the "Underground District," namely: Beginning at a point on the northwest cor- ner of Iowa and First Streets; thence west along the north side of First Street to the west side of Locust Street; thence north along the west side of Locust Street to the south side of Seventeenth Street; thence east along the south side of Seven- teenth Street to the west side of Clay Street; thence north along the west side of Clay Street and Couler Avenue to the north side of Sanford Street, thence east along the north side of Sanford Street to the west side of Jackson Street; thence south along the west side of Jackson Street to the south side of Eleventh Street; thence west along the south side of Eleventh Street to the east side of White Street; thence south along the east side of White Street to the north side of Fourth Street; thence west along the north side of Fourth Street to the west side of Iowa Street; and thence south along the west side of Iowa Street to the point of beginning. NO AERIAL WIRES IN DISTRICT. Section 2. No person, firm or corporation operating or main- taining telephone wires, shall erect, operate or maintain any aerial wires within the above de- scribed district, except such wires as may be necessary to connect subscribers and customers with the underground system. The poles to be used for such distributing wires shall be located, as far as practicable, in the alleys within said district. MUST FILE APPLICATION TO INSTALL. Section 3. Before any corporation, now operating or hereafter acquiring the right to operate tele- phone wires in the streets of the City, shall begin the work of placing its wires and cables under 102 ground, it shall present to the City Council of said city a written statement specifying the streets and alleys or parts thereof, in which its conduits are to be located; the approximate size of the conduits proposed to be used and the distance from the sur- face of the street to the top of such conduits, and such statement shall be accompanied by a map, plan or specifications which shall show the pro- posed location of the conduits with reference to the streets, alleys and surface of the streets and the approximate dimensions of the conduits and man- holes to be used therewith, and the proposed loca- tions may be changed by the City Council, if the same shall in any way interfere with any conduits, pipes or sewers placed underground, or if located on streets objectionable to the City Council, and such statement, map, plan or specifications, so altered after being corrected or changed, together with the original statement, shall remain on file in the office of the City Recorder, and all conduits and namholes shall be constructed in accordance with said corrected statement, map, plan or speci- fications. The applicant shall also secure a per- mit to excavate in the streets and alleys shown in said map in the manner provided in Ordinance No. 49. MUST PROVIDE SPACE FOR CITY. Section 4. Each person, firm or corporation planning under- ground conduits under the provisions of this ordi- nance, shall includein the plans and conduits space of the capacity of one (1) duct, in which the city may place its wires free of charge, and the City Electrician shall be allowed free access to such ducts at all times and shall be allowed facilities and privileges at manholes for putting in and taking out wires in the space so alloted to the city, equal in in all respects to those of the corporation owning the same, but no electric or other wire creating a high tension or dangerous current, shall be placed or maintained in any conduits built and owned by any telephone company. SUPERVISION. Section 5. The distribution of wires from conduits to buildings or other locations above ground, within said underground district, shall be by means of poles or underground con- nections, the location of said poles, together with the manner of constructing said underground con- nection shall be under the supervision of the Com- mittee on Streets and Engineer. DISTRICT MAY BE ENLARGED. Section 6. Nothing contained in this ordinance shall be so construed as to prevent the Council from exercising the right of the City of enlarge the underground district when such action becomes necessary. CITY MAY MOVE POLES, ETC. Section 7. The City of Dubuque reserves the right to remove from any street, alley or public place, of the said city, any poles, wires or other aerial fixtures which any such person, firm or corporation may attempt to maintain therein contrary to the provisions of this ordinance. SHALL FURNISH FREE PHONES. Section 8. Each telephone company subject to the provisions of this ordinance, shall furnish to the City of Du- buque, free of charge, twelve (12) telephones, which telephones shall be installed in such of the city offices as the Council may designate, and shall be for the use of its officials. In addition to said free telephones such company shall furnish, to said City, such additional telephones as it may require for its officials or departments, at one-half (1/2) of the rate regularly charged, by it, to_ its sub- scribers in the City of Dubuque for like service. MAY PLACE LINES UNDERGROUND OUTSIDE DISTRICT. Section 9. Any person, firm or cor- poration now or hereafter maintaining or operating telephone wires within said city outside of the underground district described in section one (1) hereof, may at its election, place all or any portion of its wires outside of said underground district underground, and the provisions of this ordinance shall apply to all underground construction which may be installed outside of such underground dis- trict. CITY MUST APPROVE. Section 10. Outside of the underground district, herein provided for, the wires of all such companies, which are not placed in underground conduits, shall be erected and maintained on poles, which in no case shall be less than forty (40) feet in length within the busi- ness district, and thirty (30) feet in length outside the same. The location of the poles and wires as now made for distribution by the companies opera- ting in said city outside of said underground dis- trict, is hereby approved and all changes or ex- tensions by any company shall be done under the direction and supervision of the City Electrician; provided, that no pole shall be erected and no per- mit issued for the same until the City Council has approved of such proposed routes and construc- tion. CITY DOES NOT WAIVE RIGHTS. Section 11. Nothing in this ordinance contained shall be con- strued as an acquiescence in, or ratification of the occupation of any of the streets, alleys or pub- lic places in the City of Dubuque, by any person, firm or corporation now occupying the same with- out legal right, nor shall this ordinance be con- strued as conferring the right to occupy any of the streets, alleys or public places of said city upon any such person, firm or corporation now ille- gally or without authority occupying the same. 1919 Revision Ordinance No. 39. An Ordinance Regulating Railroad Crossing and Railroad Trains Within the City. Be it Ordained by the City Council of the City of Dubuque; RATE OF SPEED. Section 1. Every locomotive engine, railroad passenger car and freight car which shall be driven, propelled or run, upon or along any railroad track within the City, shall at all times be under the complete and absolute con- trol of the engineer or other person in charge thereof. MUST RING BELL. Section 3. The bell of every locomotive engine shall be rung continually while running within the limits of the city. MAY ORDER GATES ERECTED. Section 4. That every railroad company operating a railroad within the limits of the City shall maintain at every street crossing, which the Council has or may hereafter by resolution designate, suitable gates, bars, viaducts or flagmen and the same shall not be removed or discontinued unless by consent of the Council. Whenever the Council shall deem it necessary for the safety and convenience of the public that gates, bars or viaducts should be erected or maintained, or flagmen stationed at any street or other public crossing, the Council shall, by resolution, order and direct the railroad com- pany or companies crossing such street or other public crossing to erect and maintain at the ex- pense of such company, such gates, bars or via- ducts as it may deem proper and necessary, or to station a flagman at such crossing, who shall be in charge of such crossing during the time each day that the Council shall designate. That the resolu- tion shall specify the streets or other public cross- ings at which such gates, bars or viaducts shall be placed or flagman stationed, and shall specify the time within which the same shall be erected or stationed at such street or crossing. That after said resolution has been adopted, the Recorder shall cause a copy of the same to be served upon the railroad company, or companies, with a notice of the time within which the provisions of such resolution must be complied with. PENALTY FOR VIOLATION. Section 5. Any railroad company, or any officer, agent or employ- ee thereof, who shall violate any of the provisions of this ordinance, or who shall do any act herein prohibited, or fail to do any act herein required, shall be deemed guilty of a misdemeanor, and upon conviction shall be subject to a fine of not more than $100.00 for each offense. 1919 Revision; Amended 6/20/35; 11/3/47. Ordinance No. 40. An Ordinance Requiring Railroads and Street Railways to Maintain Culverts and Drains Across Their Right of Way on Streets, Avenues, Alleys and Public Places. Be it Ordained by the City Council of the City of Dubuque; CITY MAY ORDER. Section 1. That the Coun- cil shall have power to order any railroad com- pany or street car company to construct andmain- tain culverts and drains across its right of way on any street, avenue, alley or other public place whenever they shall deem the same to be neces- sary. ENGINEER SHALL PREPARE PLANS. Section 2. That the Engineer, when ordered by the Coun- cil, shall prepare plans and specifications for such culvert and drain, and shall have supervision of the same when the Council orders the same installed. COMPANY SHALL BE NOTIFIED. Section 3. That when the Engineer has submitted plans and specifications for such culvert and drain, to the Council, and the same has been approved, a reso- lution shall be adopted requiring the railway com- pany or street car company to install such drain and culvert, a copy of such resolution shall be served upon such company, and the company may elect in writing whether to install such drain and culvert itself or to have the City install the same at its expense. If the company elects to have the City install the same or if it fails to make any election within the time fixed, for such election by resolution, the City shall proceed to install the same at the expense of such company. Such culvert and drain, shall be installed according to the plans and specifications approved by the Council, and the Engineer shall have power to require the same to 103 be so installed, and to order the same removed if it not properly installed. 1919 Revision. Ordinance No. 94. An Ordinance Requiring all Railroad Companies Operating and Maintaining Tracks over, upon and across Streets, Avenues, Alleys and High- ways Within the City of Dubuque to Maintain the Space at Crossings and upon the Right -Of - Way in Proper State or Repair and Requiring Them to Improve Such Crossings and Right -Of - Way with Such Material as the Council or Man- ager May Direct and Approve, and Providing the Payment Thereof. Be it Ordained by the City Council of the City of Dubuque: Section 1. That whenever the Council or Man- ager shall consider repairs necessary upon street, avenue or alley crossings or right-of-ways occu- pied by any railroad Company operating within the City of Dubuque, said Council or Manager shall notify said company to make the required repairs, which notice may be served upon or mailed to any officer of said company and shall state the time and place when and where such repairs shall be made and prescribe the materials with which such re- pairs shall be constructed. Section 2. All repairs ordered made by the Council or Manager shall be fully performed with- out delay at the expense of the company so notified. However, should repairs be ordered and not made by any company the Council or Manager shall pro- ceed to -have said repairs made and the expense thereof shall be charged to said company and col- lected, if necessary, by suit in any court of com- petent jurisdiction. Section 3. The manner in which such repairs shall be made and the materials to be used shall be designated by the Manager and the work shall be performed under the supervision of the Manag- er and the Engineer. Section 4. Whenever repairs are ordered to be made at any crossing which is used by more than one railroad, each railroad shall bear such a proportion of the expense thereof as the amount of space occupied of said railroad bears to the whole amount of repairs ordered, and the Manager shall determine the amount of repairs which each road shall make and his decision shall be final. Section 5. Wherever previous grants to Rail- road Companies prescribing the manner in which repairs at railroad crossings shall be made which are in conflict herewith, the same are hereby re- pealed and the provisions of this ordinance are in- tended to supersede the same. Approved August 2nd, 1920. Ordinance No. 13-42. An Ordinance to Compel Railroad Companies to Place and Maintain Flagmen upon a Certain Public Street at Railroad Crossings Providing Regulations Therefor and Repealing Ordinances in Conflict Herewith. Be it Ordained by the City Council of the City of Dubuque; 104 is Section 1. That railroad companies owning or operating tracks, or on tracks, in the City of Du- buque, where the same cross and intersect East 29th Street in the City of Dubuque be, and they are hereby compelled, required and ordered to place and keep a flagman where said tracks and right-of- way cross and intersects East 29th Street in the City of Dubuque. Section 2. That any railroad company owning or operating any railroad which crosses East 29th Street is hereby required and compelled to place and keep a flagman at said crossing, which flag- man shall, when any train is approaching such crossing, or when the engine, cars, or train, are about to pass over said crossing, give the public approaching or upon said crossing reasonable timely warning of the said engine, cars or train. Section 3. That the Clerk of the City of Dubuque shall cause to be served onany railroad company owning or operating a railway crossing East 29th Street a copy of this Ordinance. Section 4. That any and all ordinances or parts thereof, in conflict herewith, be, and the same are hereby repealed. Passed, adoped and approved on final reading this 27th day of March 1942. Ordinance No. 28-47. An Ordinance Regulating the Speed of Trains at Grade Crossings within the City of Dubuque Re- pealing all Ordinances or Parts of Ordinances in Conflict Herewith and Providing a Penalty for Violationg Hereof. Be it Ordained by the City Council of the City of Dubuque; Section 1. No passenger train shall be operated over and upon the grade crossings in the City of Dubuque at a speed of greater than 30 miles per hour. Section 2. No freight train shall be operated over and upon the grade crossings in the City of Dubuque at a speed greater than 25 miles per hour Section 3. All ordinances or part or parts of ordinances in conflict herewith are hereby re- pealed. Section 4. Any person, firm or corporation who violates any provision of this ordinance shall be deemed guilty of a misdemeanor and upon convic- tion shall be fined not more than $ 100.00 and costs and in default of such fine shall be imprisoned for a period not exceeding thirty days in jail. Passed, adopted and approved upon final reading this 3rd day of November, 1947. Ordinance No. 17-41. An Ordinance Granting City of Dubuque Bridge Commission, Its Successors and Assigns, Right of Way and Easement for Bridge and Approach Across and along Certain Streets, Alleys, Levee and Public Property in the City of Dubuque, Iowa, Including the Right to Obstruct Passage at Certain Street Intersections and the Right to Cross over Other Streets, Alleys, Levee, Dock Property, and the Granting of Permission to Build a Highway Bridge and an Approach There- on and the Right to Place all Necessary Piers, Footings, Pilings, and Other Structures Neces- sary Therefor in the Streets, Alleys, .Levee, Dock and Dock Board Property, and Providing for Change of Grade on Dodge and Locust Streets Str.:ets Near the Intersection of Said Streets in the City of Dubuque, Iowa, and Granting the City of Dubuque Bridge Commission, Its Agents, Em- ployees and Contractors the Right to Use Dodge Street During Constructiion of Said Bridge and Its Westerly Approach for the Purpose of Con- veying, Placing, Handling and Temporarily Storing Materials, Implements and Machinery, and Also Granting the Right to Block off Traffic from Certain Parts of Dodge Street, City of Dubuque, Iowa, During Construction of Said Bridge and Its Westerly Approach, and Pro- viding the Terms and Conditions Thereof. Be it Ordained by the City Council of the City of Dubuque, Iowa: Section 1. That authority and permission be and is hereby granted to City of Dubuque Bridge Commission, its successors and assigns, subject to the hereinafter contained provisions and con- ditions, to construct, reconstruct, repair,main- tain and operate a bridge for vehicular and foot passenger traffic across the Mississippi River from a point near the easterly terminus of Dodge Street, in the City of Dubuque, Iowa, to a point on Sinsinawa Avenue, in the City of East Dubuque, Illinois, including the approach thereto, near and along Dodge Street, in the City of Dubuque, Iowa, all in accordance with General Plan and Elevation Sheet No. 1 on file in the Office of the City Clerk, except as to the plaza at Locust and Dodge Streets, which shall be constructed either in accord with General Plan and Elevation Sheet No. 1 or in a cord with alternative plan therefor which is attached to said General Plan. Section 2. That for the purposes hereinabove mentioned, the City of Dubuque Bridge Commis- sion, its successors and assigns, is hereby given and granted a right or way and easement in, over and along the several streets, alleys and public places and public property within the corporate limits of the City of Dubuque, Iowa, along the fol- lowing route, to -wit: From a point beginning between Bluff and Lo- cust Streets on Dodge Street in the City of Dubuque, Iowa, and proceeding easterly on Dodge Street of a point between Warren and Water Streets and then continuing in an easterly direction over and across Water Street, Termi- nal Street, the Levee, Dock Board property and other public property in the City of Dubuque, Iowa, to the Mississippi River, as limited by said Plan and Elevation Sheet No. 1, including the right to cross over all intersection streets and alleys along said route, the right to raise the grade of Dodge Street and all intersect- ing streets, the right to obstruct the direct passage on Harrison Street across Dodge Street, in the City of Dubuque, Iowa, and the right to use and occupy said streets, alleys, levee, dock, Dock board property and other public property of the C City of Dubuque, Iowa, with footings, pilings, piers and all other structures necessary for the con- struction, maintenance and operation of said bridge and approach thereto, all as shown by General Plan and Elevation Sheet No. 1 prepared by Howard, Needles, Tamen & Bergendoff, engineers for City of Dubuque Bridge Commission, a true and correct copy of which is now on file in the office of the City Clerk and City Manager for the City of Dubuque, Iowa. Section 3. The grade of that part of Dodge Street and the intersecting streets hereinabove de- scribed is hereby changed to the grade as shown upon the General Plan and Elevation Sheet No. 1 prepared by Howard, Needles, Tamen and Bergen - doff, engineers of the City of Dubuque Bridge Com- mission, a true and correct copy of which is now on file in the Office of the City Clerk and the City Manager for the City of Dubuque, Iowa, and the grade of that part of said streets as shown by said General Plan and Elevation Sheet No. 1, is hereby adopted and established as the grade for said streets. Section 4. That the right of way, easements, and all other rights granted herein to City of Du- buque Bridge Commission, its successors and assigns, be, and they are hereby made perpetual so long as the same are used for the purposes of con- structing, repairing, reconstructing, maintaining and and operating said highway bridge and its approach, and as limited herein. Section 5. That permission and authority are hereby given to the said City of Dubuque Bridge Commission, its agents, employees and all con- tractors for the construction of said bridge and its westerly approach or any portion thereof, to use and occupy Dodge Street in the City of Dubuque, Iowa, along and near the line of said bridge and its westerly approach from Locust Street east to - Terminal Street for the purpose of conveying, placing, handling and temporarily storing any and all materials, implements and machinery of what- soever kind and character necessary and proper for the use and construction of said bridge and its westerly approach, provided that such use shall be regulated so as to interfere as little as possible with the rights of ingress and egress to and from the property abutting on the said streets, alleys and public highways and places. That said City of Dubuque Bridge Commission, its agents, employees and all contractors for the construction of said bridge and its westerly approach or any portion thereof, are hereby granted permission and author- ity to block off from all unnecessary traffic during construction of said bridge and its westerly ap- proach or any portion thereof, the following parts of Dodge Street, to -wit, from the east property line of Locust Street to the west property line of Har- rison Street; from the east property line of Harri- son Street to the west property line of Shield Street and Salina Street; from the east property line of Shield Street and Salina Street to the west property line of Main Street; and from the east property line of Main Street to the easterly side of Terminal Street, provided, the Manager of the City of Du- buque is hereby empowered with authority to determine the extent of the use granted in Section 5 hereof, with a view to protecting the reasonable rights of abutters and others as to ingress and egress, and in relation to protection of property and other civil rights as against fire or other cas- ualty. Section 6. The said Bridge Commission shall provide reasonable access to, and ingress to and agress from abutting property during construction 105 of the bridge, and related improvements, pursuant to the right of way and easement, and matters and things, granted and permitted by and under this Ordinance. Section 7. In consideration of the grants herein made by the City of Dubuque, Iowa, the City of Du- buque Bridge Commission, its successors, and assigns, .do hereby agree to and shall, as one of the conditions hereof, A --Assume and agree topay any and all legal damages, if any, in any wise sustained by any persons, firm or corporation as a result of the construction and maintenance of the bridge and approach thereto and related improvements pur- suant to the right of way and easement, and matters and things, granted and permitted by and under the terms of this Ordinance, for which the City of, Du- buque Bridge Commission has a legal liability, if any. B --To pay for and on behalf of the City of Du- buque any and all sums of money which the City of Dubuque shall become obligated to pay by reason of any liability imposed upon the City of Dubuque, Iowa, by law, for damages of any and all kinds which may be caused to or sustained by any person, firm or corporation because of the enactment of this Ordinance and any and all acts or things done by the City of Dubuque Bridge Commission in pur- suance to or under the terms thereof, and espe- cially: (1) Because of the authority herein granted to the City of Dubuque Bridge Commission, its successors and assigns, to construct, re- construct, repair, maintain and operate a bridge and approach thereto for vehicular and foot passenger traffic across the Mis- sissippi River, and because of such con- struction, reconstruction, repair, mainten- ance and operation of such bridge, (2) Because of the right of way and easement in, over and along the several streets, alleys and public places, as in this Ordinance hereinbefore set forth. (3) Because of change of established grades of any streets or alleys as hereinbefore set forth; provided, however, that the City of Dubuque, Iowa shall whenever any action is brought against it by any such claimant notify and permit City of Du- buque Bridge Commission to conduct the defense of such actions, and provided further than in the event a Judgment is entered against the City of Du- buque, Iowa, the City of Dubuque Bridge Com- mission may take all necessary and proper steps to present for and on behalf of the City of Dubuque, Iowa, an appeal or appeals to the proper appellate court or courts and prosecute in any manner deemed expedient by it which appeals shall be prosecuted by the City of Dubuque Bridge Commis- sion at its own expense. Should the City be re- quired to in any manner or degree other than the use of its name or its officials to prosecute said defense or appeals, because of the failure of the City of Dubuque Bridge Commission to defend said case or prosecute said appeal, then the City of Du- buque Bridge Commission agrees to pay all costs and expenses thereof including attorney fees. 106 C-- The City of Dubuque Bridge Commission, its successors and assigns, at its own expense, hereby agrees to and shall defend for and on behalf of the City of Dubuque any and all claims or suits, at law or'in equity, and any and all other proceed- ings brought against the City of Dubuque because of the enactment of this Ordinance and of the mat- ters even if'such claim or suit is groundless, false or fraudulent and the City of Dubuque Bridge Com- mission shall have the right to make such investiga- tion, negotiation, and settlement of any such claim or suits as may be deemed expedient by it. D-- The City of Dubuque Bridge Commission, its successors and assigns, agrees to and shall pay any and all claims allowed against the City of Dubuque with legal interest thereon, to pay any and all judgments rendered against the City of Dubuque with legal interest thereon, together with any and all court costs, and any and all costs and expenses incurred by the City of Dubuque in connection with such claims or suits, including all premiums on any appeal bonds, but excluding attorney fees if the Commission defends said actions by its own at- torneys at its own expense. All such payments are to be made when the claims are fianlly allowed and when judgments are finally entered, costs are to be paid when statement therefor is rendered. Section 8. Nothing contained in this Ordinance or any paragraph, subdivision or part thereof, nor in the acceptance thereof by the City of Dubuque Bridge Commission, nor in the separate agree- ment of the latter hereto attached, shall be deemed or construed in any wise to prejudice, affect or avoid any legal rights of any abutters or other parties interested as to any claims or rights by way of damages • arising out of or by reason of the adoption of this Ordinance and for the construction, operation or maintenance of the bridge therein re- ferred to or as to damages arising out of claims based on property rights which may be affected by reason of such bridge construction. The grant under this Ordinance is conditioned upon and subject to the undertaking entered into by acceptance hereof, on the part of the City of Du- buque Bridge Commission to'provide adequate pub- lic road, cement paved, running parallel with Dodge Street and from Locust Street east to Harrison Street in said City, as shown by Plan and Elevation Sheet No. 1, except as to the plaza at Locust and Dodge Streets which shall be constructed either in accord with General Plan & Elevation Sheet No. 1 or in accord with alternative plan therefor which is attached to said General Plan. All streets and sidewalks, in so far as the sur- face is concerned, are to be placed in substantially the same condition they were in when the work on the approach was started. Section 9. The City of Dubuque Bridge Commis- sion shall execute a Bond to the City of Dubuque conditioned for the payment of not less than $ 50,000.00 said bond to indemnify and hold the City of Dubuque harmless from any and all damages, loss, judgments and costs which may arise, occur or be sustaned by said City of Dubuque by reason of all of the matters and things granted and per- mitted by and under the terms of this Ordinance, an and especially because of the construction and maintenance of the bridge and approach thereto and related improvements pursuant to the right of way, change of grade, easement and all other matters and things granted by the terms of this Ordinance. Said bond is to be approved by the City Council. This bond is to run until six months after the com- pletion of the bridge. Section 10. If any section, paragraph, clause or provision of this Ordinance should be held in- valid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance. Section 11. All Resolutions and Ordinances and parts of Resolutions and Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Passed, adopted and approved upon final reading this 24th day of June, 1941. Ordinance No. 44-46. An Ordinance Regulating the Operation of Taxi - Cabs Within the City of Dubuque and Fixing the Rates and Prices to be Charged for the Trans- portation of Passengers from One Part of the City to Another, Repealing All Ordinances in Conflict Herewith and Providing a Penalty for a Violation Thereof. Be it Ordained by the City Council of the City of Dubuque: Section 1. The following rates and prices for the transportation of passengers by taxi -cabs are hereby fixed as the rates and prices to be charged for services rendered by the means above stated, to -wit: (a) For one passenger from one part of the City of Dubuque toany other part thereof, including such passenger's ordinary luggage, the sum of 5(4. (b) For two or more passengers up to and in- cluding five passengers from one part of the City to any other part thereof, including such pas- senger's ordinary luggage, the sum of 65 . (c) Where two or more passengers board a taxi- cab at the same place, from that place to any other parts of the City as designated by each passenger, the first passenger alighting shall pay 504; and each other passenger shall pay 25 as he leaves the taxi -cab at his destination. These fares include the passengers' ordinary luggage. (d). Waiting time may be charged for on the fol- lowing terms: At the rate of $ 3.00 per hour. No charge shall be made for waiting time under ten minutes. Section 2. Every vehicle operating as a taxi- cab shall have exposed in a conspicuous place to clear view within the passengers' compartment a printed table large enough to be read by the pas- sengers in the taxicab, of the fixed rates; and it shall be unlawful to operate or permit to be oper- ated any such vehicle unless said rates are posted as herein provided. Each time a taxi -cab is oper- ated and permitted to be operated carrying a pas- senger or passengers without so posting the rates as aforesaid shall constitute a separate offense. Section 3. It shall be unlawful for the operator of any taxi -cab to stop, park or drive about the streets and public places of Dubuque, and by word, sign or signal solicit passengers for his vehicle; but nothing herein shall be construed to prevent the taking on of passengers anywhere within the city upon the request of any such persons. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. In case any section, clause or pro- vision of this ordinance be declared to be invalid, such decision shall not affect the validity of this ordinance, other than the part so declared to be invalid. Section 6. Any person, firm or corporation who violates any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction tion shall be fined not more than $100.00, and in default of such fine and costs shall be imprisoned for a period of not exceeding thirty (30) days in jail. Passed, adopted and approved upon final reading this 16th day of December, 1946. 107 CHAPTER XVI Traffic Regulations Ordinance No. 33-49. An Ordinance Regulating the Use of Vehicles upon the Streets of the City of Dubuque; Designating the Provisions Hereof as the "Traffic Code" of Said City; Repealing all Ordinances or Parts of Ordinances in Conflict Herewith; and Providing a Penalty for Violation Thereof. Be it Ordained by the City Council of the City of Dubuque; 0.1 That the "Traffic Code" of the City of Du- buque as enacted by Ordinance No. 10-37, and all amendments thereto, be, and the same are hereby repealed. 0.2 For identification and convenience, this Ordinance shall be known as "The Traffic Code" and all prosecutions hereunder maybe thus refer- red to. DEFINITIONS The following words and phrases when used in this Ordinance shall, for the purpose of this ordi- nance, have the meanings respectively ascribed to them. 1.1 "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks_ 1.2 "Motor Vehicle" means every vehicle which is self-propelled but not including vehicles known as trackless trolleys which are propelled by elec- tric power obtained from overhead trolley wires but not operated upon rails. The terms "car" or "automobile" shall be synonymous with the term "motor vehicle". 1.3 "Motorcycle" means every motor vehicle having a saddle or seat for the use of the rider and designed to travel on not more than three wheels in contact with the ground including a motor scoot- er and a bicycle with motor attached but excluding a tractor. 1.4 "Motor truck" means every motor vehicle designed primarily for carrying livestock, mer- chandise, freight of any kind, or over seven per- sons as passengers. 1.5 "Truck tractor" means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. 1.6 "Trailer" means every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. 1.7 "Semitrailer" means every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and 108 that of its load rests upon or is carried by another vehicle. 1.8 "Pneumatic tire" means every tire in which compressed air is designed to support the load. 1.9 "Solid tire" means every tire of rubber or other resilient materials which does not depend upon compressed air for the support of the load. 1.10 "Metal tire" means every tire the surface. of which in contact with the highway is wholly or partly of metal or other hard, non -resilient material. 1.11 "Gross weight" shall mean the empty weight of a. vehicle plus the maximum load to be carried thereon. 1.12 "Authorized emergency vehicle" means vehicles of the fire department, police vehicles, ambulances and emergency vehicles of municipal departments and such privately owned ambulances, rescue or disaster vehicles as are designated or authorized by the commissioner. 1.13 "Commissioner' means the commissioner of public safety of the State. 1.14 "Person' means every natural person, firm, copartnership, association or corporation. 1.15 "Owner" means a person who holds the legal title of a vehicle or one who is conditional vendee or lessee or martgagor of a vehicle. 1.16 "Operator" means every person, other than a chauffeur, who is in actual physical control of a motor vehicle tipon a highway. 1.17 "Chauffeur" means any person who opera ates a motor vehicle in the transportation of per- sons or freight, including school busses, who re- ceives any compensation for such service in wages, commission or otherwise, or who as owner or em- ployee operates a motor vehicle carrying passen- gers for hire or freight for hire, commission or resale, including drivers of ambulances, passen- ger cars, trucks, light delivery, and similar con- veyances except when such operation by the owner or operator is occasional and merely incidental to his principal business. A farmer or his hired help shall not be deemed a chauffeur, when oper- ating a truck owned by him, and used exclusively in connection with the transportation of his own products or property. 1.18 "Driver" means every person who drives or is in actual physical control of a vehicle. 1.19 "Peace officer" means every officer author- ized to direct or regulate traffic or to make ar- rests for violations of traffic regulations, in ad- dition to its meaning in Section 748.3 1946 Code of Iowa. 1.20 "Pedestrian" means every person afoot. 1.21 "Street or highway" means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right for purposes of vehicular traffic. 1.22 "Private road or driveway" means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner but not by other persons. 1 .23 "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicu- lar travel. 1.24 "Sidewalk" means that portion of a street between the curb lines, or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians. 1.25 "Through (or thru) highway" means every highway or portion thereof at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or cros- sing the same and when stop signs are erected as provided by law or such entrances are controlled by a peace officer or traffic control signal. The term "arterial" shall be synonymous with "Through" or "thru" when applied to highways of this city. - 1.26 "Intersection" means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. 1.27 "Crosswalk" means that portion of a road- way ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections, -or any portion of a roadway distinctly indicated for pedestrian crossing by lines or other marking on the surface. 1.28 "Business district" means the territory contiguous -to and including a highway when fifty percent or more of the frontage thereon for a dis- tance of three hundred feet or more is occupied by buildings in use for business. 1.29 "Resident district" means the territory within a city or town contiguous to and including a highway, not comprising a business district, where forty percent or more of the frontage on such high- way for a distance of three hundred feet or more is occupied by dwellings or by dwellings and build- ings in use for business. 1.30 "School district" means the territory con- tiguous to and including a highway for a distance of two hundred feet in either direction from a school house in a city or town. - 1.31 "Suburban district" means all other parts of a city or town not included in the business, school, or residence districts. 1.32 "Official traffic control devices" means all signs, signals, markings, and devices not incon- sistent with this ordinance placed or erected by quthority of a public body or official having juris- diction, for the purpose of regulating, warning, or guiding traffic. 1.33 "Official traffic control signal" means any device, whether manually, electrically or mechan- ically operated, by which traffic is alternately directed to stop and to proceed. 1.34 "Railroad sign or signal" means any sign, signal, or device erected by authority of a public • body or official or by a railroad and intended to give notice of the presence of railroad tracks or of the approach of a railroad train. 1.35 "Traffic" means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using any highway for purposes of travel. 1.36 "Right of way" means the privilege of the immediate use of the highway. 1.37 "Alley" means a thoroughfare laid out, established and platted as such by constituted authority. 1.38 "Railroad Train" means a steam engine, electric or other motor, with or without cars, other than streetcars, operated upon stationary rails. 1.39 "Explosives" means any chemical com- pound or mechanical mixture that is commonly used or intended for the purpose of producing an explo- sion and which contains any oxidizing and combus- tive units or other ingredients in such proportions, quantities, or packing that on ignition by fire, by friction, by concussion, by percussion, or by de- tonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructable effects on con- tiguous objects or of destroying life and limb. 1 .40 "Flammable liquid" means any liquid which has a flash point of seventy degrees F. or less, as determined by a Tagliabue orequivalent closed cup test . 1.41 "Curb" means the lateral line of a side- walk nearest the surface of the street upon which vehicles travel. 1 .42 "Bicycles" mean any two -wheeled vehicles propelled by foot power. 1.43 "U-turn" means the turning from one side to the other on a street and proceed in a -reverse direction. 1.44 "Park" means the stopping or standing of a motor vehicle either attended or unattended by a driver or occupant. 1.45 "Official parking signs" mean any such signs as have been erected by authority of a public body or official having jurisdiction for the purpose of regulating parking. 1 .46 "Parking meter" means any mechanical device located upon a public street or sidewalk in a place regularly designated as a parking zone, which device shall record a certain number of minutes by the use of a clock mechanism determin- ing the number of minutes for which parking privi- leges may be extended to any person depositing the coin or coins required. 1.47 "Holidays" where used in this ordinance shall be January first, May Thirtieth, July fourth, the first Monday in September, the day of any general election, any day proclaimed by the gover- nor as a day of thanksgiving, December twenty-fifth, 109 and the following Monday whenever any of the foregoing named holidays may fall on a Sunday. REGISTRATION 2.1 It is a misdemeanor for any person to drive or move or for an owner knowingly permit to be driven or moved upon any street or highway any vehicle of a type required to be registered under the Laws of the State of Iowa, which is not regis- tered under the Laws of the State of Iowa, which is not registered according to such laws. 2.2 Every owner upon receipt of a registration card shall write his signature thereon with pen and ink in the space provided. Every such registration card shall at all times be carried in the vehicle to which it refers and shall be displayed in the con- tainer furnished by the department. Such certifi- cate container shall be attached to the vehicle in the driver's compartment so that same may be plainly seen without entering the car. 2.3 Registration plates issued for a motor vehi- cle other than a motorcycle shall be attached there- to, one in the front and the other in the rear. The registration plate issued for a motorcycle or other vehicle required to be registered hereunder shall be attached to the rear thereof. 2.4 Every registration plate shall at all times be securely fastened in horizontal position to the vehicle for which it is issued so as to prevent the plate from swinging and at a height of not less than twelve inches from the ground, measuring from the bottom of such plate, in a place and position to be clearly visible and shall be maintained free from foreign materials or imitation plate or plates imi- tating or purporting to imitate the official license plate of any other state or territory of the United States or of any foreign government and in a con- dition to be clearly legible. 2.5 No person shall operate, nor shall an owner knowingly permit to be operated upon any highway any vehicle required to be registered according to the Laws of the State of Iowa unless there shall be attached thereto and displayed thereon when and as required, a valid registration card and registration plate or plates issued therefor for the current registration year. OPERATORS AND CHAUFFEURS LICENSE 3.1 No person except such as may be expressly exempt by law shall drive any motor vehicle upon' a street of this city unless such person has a valid license as an operator or chauffeur issued by the department of public safety. No person shall oper- ate a motor vehicle as a chauffeur unless he holds a valid chauffeur's license. 3.2 Every licensee shall have his operator's or chauffeur's license in his immediate possession at all times when operating a motor vehicle and shall display the same upon demand of any peace officer. However, no person charged with viola- ting this provision shall be convicted if he produces in court, within a reasonable time, an operator's or chauffeur's license theretofore issued to him, and valid at the time of his arrest. 3.3 It is a misdemeanor for any person: 1. To display or cause or permit to be dis- played or have in his possession any canceled, 110 revoked, suspended, fictitious, or fraudulently altered operator's or chauffeur's license. 2. To lend his operator's or chauffeur's license to any other person or knowingly permit the use thereof by another. 3. To display or represent as one's own any operator's or chauffeur's license not issued to him. 4. To fail or refuse to surrender to the depart- ment upon its lawful demand any operator's or chauffeur's license which has been suspended, revoked or canceled. 5. To use a false or fictitious name in any application for an operator's or chauffeur's license or to knowingly make a false statement or to knowingly conceal a material fact or otherwise commit a fraud in any such application. 6. To permit any unlawful use of an operator's or chauffeur's license issued to him. 3.4 Any person whose operator's or chauffeur's license or driving privilege has been denied, canceled, suspended, orrevoked who drives any motor vehicle upon the streets of this city while such license or privilege is denied, canceled, sus- pended, or revoked, is guilty of a misdemeanor and upon conviction shallbepunished by imprison- ment for not less than two or more than thirty days. The sentence imposed under this section shall not be suspended by the court. However, in cases where a license has been suspended because of failure to satisfy a judgment in a civil action for damages, the penalty for oper- ating a motor vehicle during such period of sus- pension shall be a fine of not less than twenty-five dollars, nor more than one hundred dollars. 3.5 No person shall cause or knowingly permit his child or ward under the age of eighteen years to drive a motor vehicle upon any street when such minor is not authorized according to law. 3.6 No person shall authorize or knowingly per- mit a motor vehicle owned by him or under his control to be driven upon any street by any person who is not authorized by law. 3.7 No person shall employ as a chauffeur of a motor vehicle any person not then licensed as pro- vided by law. 3.8 No person shall rent- a motor vehicle to any other person unless the latter person is then duly licensed according to the Laws of the State of Iowa. 3.9 No person shall rent a motor vehicle to an another until he has inspected the operator's or chauffeur's license of the person to whom the vehicle is to be rented and compared and verified the signature thereon wtih the signature of such person written in his presence. 3.10 Every person renting a motor vehicle to another shall keep a record of the registration number of the motor vehicle so rented, the name and address of the person to whom the vehicle is rented, the number of the license of said latter person and the date and place when and where said license was issued, Such record shall be open to inspection by any police officer. OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS 4.1 The provisions of this ordinance applicable to the drivers of vehicles upon the streets shall apply to the drivers of all vehicles owned or oper- ated by the United States, this state or any county, city, town, district, or any other political subdivi- sion of the state, subject to specific exceptions as are set forth in the laws of Iowa and the ordinance of Dubuque with reference to emergency vehicles. 4.2 No person shall willfully fail or refuse to comply with any lawful order or direction of any peace officer invested by law with authority to direct, control, or regulate traffic. 4.3 The driver of any authorized emergency vehicle when responding to an emergency call upon approaching a red or stop signal or any stop sign shall slow down as necessary for safety but may proceed cautiously past such red or stop sign or signal. At other times drivers of authorized emergency vehicles shall stop in obedience to a stop sign or signal. 4.4 No driver of any authorized emergency vehicle shall assume any special privilege under this ordinance except when such vehicle is oper- ated in response to an emergency call or in the immediate pursuit of an actual or suspected vio- lator of the law. 4.5 The provisions of this ordinance shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a street but shall apply to such per- sons and vehicles when traveling to or from such work. 4.6 Every person riding a bicycle or an animal or driving any animal drawing a vehicle upon a street shall be subject to the provisions of this ordinance applicable to the driver of a vehicle, except those provisions which by their nature can have no application. TRAFFIC SIGNALS 5.1 No driver of a vehicle shall disobey the in- structions of any official traffic -control device placed in accordance with the provisions of this ordinance, unless at the time otherwise directed by a police officer. 5.2 Whenever traffic is controlled by traffic - control signals, the following colors only shall be used and said lights shall indicate as follows: 1. Green alone or "Go." Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place pro- hibits either such turn. But vehicular traffic shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection at the time such signal is exhibited. All right or left turns at 8th and Main Streets are prohibited. 2. Yellow alone or "Caution" when shown following the green or "Go" signal. Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at the intersection, but if such stop cannot be made in safety, a vehicle may be driven cautiously through the intersection. 3. Red alone or "Stop". Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at an intersection or at such other point as may be indicated by a clearly visible line and shall remain standing until Green or "Go" is shown alone. 4. Red with green arrow. Vehicular traffic facing such signal may cautiously enter the inter- section only to make the movement indicated by such arrow but shall not interfere with other traffic or endanger pedestrians lawfully within the crosswalks. 5. Flashing red (Stop signal). When a red lens is illuminated by rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked and the right to proceed shall be subject to the rulesapplicable after making a stop at a stop sign. 6. Flashing yellow (Caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution. SIGNS 6.1 No person shall place, maintain or display upon or in view of any street any unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resembles an official parking sign, curb or other marking, traffic - control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic -control device or any railroad sign or signal, and no person shall place or maintain nor shall any public authority permit upon any street any traffic sign or signal bearing thereon any commercial advertising. Every such prohibited sign, signal or marking is hereby declared to be a nuisance and the authority having jurisdiction over the street is hereby empowered to remove the same or cause it to be removed without notice. 6.2 No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down, -or remove any official traffic -control device or any railroad sign or signal or any in- scription, shield, or insignia thereon, or any part thereof. ACCIDENTS 7.1 The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall - immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of Section 7.2. Every such stop shall be made without obstructing traffic more than is necessary. 7.2 The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his name, address, and the registration number of the vehicle he is driving and shall upon request and if avail- able exhibit his operator's or chauffeur's license to the person struck or the driver or occupant of or person attending any vehicle collided with and shall render to any person injured in such accident 111 reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carry- ing is requested by the injured person. 7.3 The driver of any vehicle which collides with any vehicle which is unattended shall imme- diately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and of the owner of the vehicle striking the unattended vehi- cle or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof. 7.4 The driver of any vehicle involved in an accident resulting only in damage to property legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his name and address and of the registra- tion number of the vehicle he is driving and shall upon request and if available, exhibit his oper- ator's or chauffeur's license and shall make re- port of such accident when and as required by Section 7.5. 7.5 The driver of a vehicle involved in an ac- cident resulting in injury to or death of any person or total property damage to an apparent extent of twenty-five dollars or more, shall immediately by the quickest means of communication give notice of such accident to the office of the Chief of Police. The driver of a vehicle involved in an accident resulting in injury to or death of any person, or total property damage to an apparent extent of fifty dollars or more shall also, within twenty- four hours after such accident, forward a written report of such accident to the department of pub- lic safety. • Every peace officer who, in the regular course of duty, investigates a motor vehicle accident of which report must be made as required in this section, either at the time of and at the scene of the accident or thereafter by interviewing wit- nesses shall, within twenty-four hours after com- pleting such investigation, file a written report of such accident. SPEED RESTRICTIONS 8.1 Any person driving a motor vehicle on any street of this City shall drive the same at a care- ful and prudent speed not greater than or less than is reasonable and proper, having due regard to the traffic, surface and width of the streets and of any other conditions then existing, and no person shall drive any vehicle at a speed greater than will per- mit him to bring it to a stop within the assured clear distance ahead, such driver having the right to assume, however, that all persons using such streets will observe the law. The following shall be the lawful speed except as hereinbefore or hereinafter modified, and any speed in excess thereof shall be unlawful: 1. Twenty miles per hour in any business or school district. 112 2. Twenty-five miles per hour in any residence district. 3. Forty miles per hour for any motor vehicle drawing another vehicle. 4. Forty-five miles per hour in any suburban district. 8.2 The person operating a motor vehicle or motorcycle shall have the same under control, and shall reduce the speed to a reasonable and proper rate: 1. When approaching and passing a person walking in the traveled portion of a public street. 2. When approaching and passing an animal which is being led, ridden, or driven upon a street. 3. When approaching and traversing a crossing or intersection of public streets, or a bridge, or a sharp turn or curve, or a steep descent, in a public street. 4. When approaching and passing a fusee, flares, red reflector, electric lanterns, red reflectors or red flags which are displayed on the roadway. 8.3 The driver of a motor vehicle shall not fol- low another vehicle more closely than is reason- able and prudent, having due regard for the speed of such vehicles and the traffic upon and the con- dition of the street. 8.4 In every charge of violation of Section 8.1, the information, also the notice to appear, shall specify the speed at which the defendant is alleged to have driven, also the speed limit applicable within the district or at the location. 8.5 On all streets other than primary roads and extensions of primary roads there shall be erected by the City suitable standard' signs showing the points at which the rate of speed changes and the maximum rate of speed in the district which the vehicle is entering. 8.6 No person shall drive a motor vehicle at such a slow speed as to impede or block the nor- mal and reasonable movement of traffic except when reduced speed is necessary for safe oper- ation or in compliance with law. Peace officers are hereby authorized to enforce this provision by direction to drivers, and in the event of appar- ent willful disobedience to this provision and re- fusal to comply with directions of an officer in accordance herewith the continued slow operation by a driver shall be punishable as herein pro- vided. 8.7 The speed limitations set forth in this para- graph shall not apply to authorized emergency vehicles when responding to emergency calls and the drivers thereof sound audible signal by bell, siren, or exhaust whistle. This provisionshall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the streets, nor shall it protect the driver of any such vehicle from the consequence of his negligence. DUTIES OF OPERATORS 9.1 Any person who drives any vehicle in such manner as to indicate either a willful or a wanton disregard for the safety of persons or property is guilty of reckless driving. 9.2 Every person convicted of reckless driving shall be punished upon conviction by imprisonment for a period of not more than thirty days, or by a fine of not less than twenty-five dollars, nor more than one -hundred dollars. 9.3 The operator of a motor vehicle shall at all times travel on the right-hand side of the center of the street. 9.4 Persons on horseback, or in vehicles, in- cluding motor vehicles, meeting each other on the public streets, shall give one-half of the traveled way thereof by turning to the right. OVERTAKING AND PASSING 10.1 The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. The driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the over- taking vehicle. 10.2 No vehicle shall be driven to the left side of the center of the street in overtaking and pass- ing another vehicle proceeding in: the same direc- tion unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the street before coming Within one hundred feet of any vehicle approaching from the opposite direction. 10.3 No vehicle shall in overtaking and passing another vehicle or at any other time, be driven to the left side of the street under the following con- ditions: 1. When approaching the crest of the grade or upon a curve in the street where the drivers' view along the street is obstructed for a distance of approximately seven hun- dred feet. 2. When approaching within one hundred feet of any narrow bridge, viaduct, or tunnel when so sign -posted, or when approaching within one hundred feet of or traversing any intersection or railroad grade crossing. 3. Where official signs are in place directing that traffic keep to the right or a distinctive center line or off -center line is marked, which distinctive line also so directs traffic as declared in the sign manual adopted by. the state highway commission. 10.4 The driver of a vehicle may overtake and pass upon the right of another vehicle which is making or about to make a left turn. The driver of a vehicle may overtake and, allow- ing sufficient clearance, pass another vehicle pro- ceeding in the same direction either upon the left or upon the right on a street where clearly marked lanes for traffic are indicated. 10.5 Whenever any street has been divided into three or more clearly marked lanes for traffic a vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from such lane until "the driver has first ascer- tained that such movement can be made with safety. Official signs or markings may be used direct- ing traffic to use a designated lane or allocating specified lanes to traffic moving in the same direct- ion and drivers of vehicles shall obey the direct- ions of every such sign or marking. 10.6 Upon those streets and parts of streets and in those alleys designated and described in Schedule ule I attached hereto and made a part hereof, sign- posted for one-way traffic, a vehicle shall be driv- en only in the direction designated. TURNING, STARTING, SIGNALS 11.1 No person shall start a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety. 11.2 The driver of a vehicle intending to turn at an intersection shall do as follows: Both the approach for a right turn and right turn shall be made as close as practical to the right-hand curb or edge of the roadway. Approach for a left turn shall be made in that portion of the right half of the roadway nearest the centerline thereof and after entering the intersec- tion the left rum shall be made so as to depart from the intersection to the right of the centerline of the roadway being entered. Approach for a left turn from a two-way street into a one-way street shall be made in that portion of the right half of the roadway nearest the center- line thereof and by passing to the right of such centerline where it enters the intersection. A left turn from.a one-way street into a two-way street shall be made by passing to the right of the center- line of the street being entered upon leaving the inter section. Local authorities, in their respective jurisdic- tions may cause markers, buttons, or signs to be placed within or adjacent to intersections and there- by require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, and when markers, but- tons, or signs, are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such markers, buttons, or signs. 11.3 No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or on the approach to, or near the crest of a grade or hill, where such vehicle cannot be seen by the driver of any other vehicle approaching from either dir- ection within five hundred feet. "U-turns" shall not be made on Main Street from West 2nd to West 13th Streets, both intersec- tions included; on Central Avenue from 4th to 24th Streets, both intersections included, except that the intersection of 18th Street shall be excluded; and on 8th Avenue from Central Avenue to Bluff Street, both intersections included. 11.4 No person shall turn a vehicle from a direct course upon a street unless and until such 113 movement can be made with reasonable safety and then only after giving a clearly audible signal by sounding a horn if any pedestrian may be affected by such movement or after giving an appropriate signal in the manner hereinafter provided in the event any other vehicle may be affected by such movement. 11.5 A signal of intention to turn right or left shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning. 11.6 No person shall stop or suddenly decrease the speed of a vehicle without first giving an ap- propriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal. 11.7 The signals herein required may be given either by means of the hand and armor other proper signal or signal device of a type approved by the department of public safety. 11.8 All signals herein required which may be given by hand and arm shall when so given be given from the left side of a vehicle and the follow- ing manner and interpretation thereof is suggested: 1. Left turn -- Hand and arm extended hori- zontally. 2. Right turn -- Hand and arm extended up- ward. 3. Stop or decrease of speed -- Hand and arm extended downward. . RIGHT OF WAY 12.1 Where two vehicles are approaching on any public street so that their paths will intersect and there is danger of collision, the vehicle approach- ing the. other from the right shall have the right of way. The foregoing rule is modified at through streets and otherwise as hereinafter stated. 12.2 The driver of a vehicle within an intersec- tion intending to turn to the left shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but said driver, having so yielded and hav- ing given a signal when and as required by this ordinance, may make such left turn and the drivers of all other vehicles approaching the intersection from said opposite direction shall yield the right of way to the vehicle making the left turn. 12.3 The driver of a vehicle shall stop as re- quired by this ordinance at the entrance to a through street and shall yield the right of way to other vehicles which have entered the intersection from said through street or which are approaching so closely on said through street as to constitute a hazard, but said driver having so yielded may proceed cautiously and with due care enter said through street. Those streets and parts of streets described in Schedule II attached hereto which are hereby made a part of this ordinance by this reference are here- by declared to be through streets for all purposes of this ordinance. 12.4 The driver of a vehicle shall likewise stop in obedience to a stop sign as required herein at an intersection where a stop sign is erected at one or more entrances thereto although not a part of a through street and shall proceed cautiously, yielding to vehicles not so obliged to stop which are within the intersection or approaching so closely as to constitute a hazard, but may then proceed. Those intersections described in Schedule III attached hereto and made a part hereof are hereby declared to be Stop Intersections for all purposes of this ordinance. 12.5 Stop signs shall be erected at entrances to through streets and at one or more entrances to stop' intersections. Every driver of a vehicle shall stop at such sign or at a clearly marked stop line before entering an intersection, except when directed to proceed by a peace officer or traffic -control signal. 12.6 The. driver of a vehicle emerging from a private roadway, alley, driveway or building shall stop such vehicle immediately prior to driving on the sidewalk area and thereafter he shall proceed into the sidewalk area only when he can do so without danger to pedestrian traffic, and he shall yield the right of way to any vehicular traffic on the street into which his vehicle is entering. 12.7 Upon the immediate approach of an author- ized emergency vehicle with any lamp or device displaying a red light or flashing red light from directly in front thereof, or when the driver is giving audible signal by siren, exhaust whistle, or bell, the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to the right hand edge or curb of the street clear of any intersections and shall stop and remain in such position until the authorized emergency vehicle has passed, except where otherwise directed by a . police officer. SPECIAL STOPS 13.1 Whenever any person driving a vehicle approaches a railroad grade crossing and warning is given by automatic signal -or crossing gates or a flagman or otherwise of the immediate approach of a train, the driver of such vehicle shall stop within fifty feet but no less than 10 feet from the nearest track of such railroad and shall not pro- ceed until he can do so safely. The driver of a vehicle shall stop and remain standing and not traverse such a grade crossing when a crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a train. 13.2 Busses shall draw up to the curb at the near side of street intersections when loading or unloading passengers excepting at intersections where spaces are otherwise designated. 13.3 The driver of any motor vehicle carrying passengers for hire, or any school bus carrying any school child, or of any vehicle carrying ex- plosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within fifty feet but not less than ten feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train except as hereinafter provided, and shall not proceed until he can do so safely. No stop need be made at any such crossing where a police officer or traffic control signal directs traffic to proceed. 13.4 School zones are hereby established and shall embrace all the territory contiguous to and including streets for a distance of two hundred feet in either direction from a school building or buildings. All vehicular traffic shall stop when approaching such zones in obedience to movable stop signs placed in the streets at the limits of the same. PEDESTRIANS 14.1 Pedestrians shall be subject to traffic - control signals at intersections. 1. When facing the green light may proceed across the street within any marked or unmarked crosswalk. 2. When facing the yellow light are advised that there is insufficient time to cross the street, and any pedestrians then starting to cross shall yield the right of way to all vehicles. 3. When facing the red light or red light with green arrow, shall not enter the street un- less he can do so safely and without inter- fering with any vehicular traffic. 14.2 Where the traffic -control signals are not in place or in operation, the driver of a vehicle shall yield the right of way, slowing down or stop- ping if need be to so yield, to a pedestrian cross- ing the street within any marked crosswalk or within any unmarked crosswalk at an intersection. 14.3 Every pedestrian crossing a street at any point other than within a marked cross -walk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway. 14.4 Notwithstanding the provisions of this sec- tion, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any street and shall give warning by sounding the horn when necessary and shall exercise due care upon observing any child or any confused or in- capacitated person upon a street. 14.5 Pedestrians shall move, whenever practi- cable, upon the right half of crosswalks. 14.6 No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any private vehicle. Nothing in this section shall be construed so as to prevent any pedestrian from standing on that portion of the street or highway, not ordinarily used for vehicular traffic for the purpose of solici- ting a ride from the driver of any vehicle. 14.7 For the purpose of guarding against acci- dents in traffic on the public thoroughfares, it shall be unlawful for any person except persons wholly or partially blind to carry or use on the streets, highways and public places of the city any white canes or walking sticks which are white in color or white tipped with red. 14.8 Any driver of a vehicle or operator of a motor -driven vehicle who approaches or comes in contact with a person wholly or partially blind carrying a cane or walking stick white in color or white tipped with red, shall immediately come to to a complete stop, and take such precautions as may be necessary to avoid accident or injury to the person carrying a cane or walking stick white in color or white tipped with red. 14.9 Pedestrians shall at all times when walking along or on a highway, walk on the left side of such highway. MISCELLANEOUS RULES 15.1 No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, or when standing upon any perceptible grade without effectively setting the brake thereon and turning the front wheels to the curb or side of the highway. 15.2 No person shall drive a vehicle when it is so loaded, or when there are in the front seat such number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle. No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead, or to the sides, or to interfere with his con- trol over the driving mechanism of the vehicle. 15.3 The driver of a motor vehicle traveling through defiles or on approaching the crest of a hill or grade shall have such motor vehicle under control and on the right-hand side of the roadway and, upon approaching any curve where the view is obstructed within a distance of two hundred feet along the highway, shall give audible warning with the horn of such motor vehicle. 15.4 The driver of any motor vehicle when traveling upon a downgrade shall not coast with the gears of such vehicle in neutral. 15.5 The driver of any commercial motor vehi- cle when traveling upon a downgrade shall not coast with the clutch disengaged. 15.6 The driver of any vehicle other than one on official business shall not follow any fire ap- paratus traveling in response to a fire alarm closer than five hundred feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm. 15.7 No vehicle shall be driven over any unpro- tected hose of a fire department when laid down on any street or private driveway, to be used at any fire or alarm of fire, without the consent of the fire department official in command. 15.8 No person shall throw or deposit upon any street any bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure any person, animal, or vehicle upon such street. 15.9 Any person who drops or permits to be dropped or thrown, upon any street any destructive or injurious material shall immediately remove the same or cause it to be removed. 15.10 Any person removing a wrecked or damaged vehicle from a street shall remove any 114 115 - glass or other injurious substance dropped upon the street from such vehicle. 15.11 No person shall at any time operate a motor truck or truck tractor transporting explo- sives as a cargo or part of a cargo upon a street unless it carries flares or electric lanterns as required by Laws of Iowa, but such flares or elec- tric lantern must be capable of producing a red light and shall be displayed upon the street when and as required by the Laws of the State of Iowa. 15.12 Any person operating any vehicle trans- porting any explosives as a cargo or part of a cargo upon a street shall at all times comply with the provisions of this section. Said vehicle shall be marked or placarded on each side and the rear with the word "Explosives" in letters not less than eight inches high, or there shall be displayed on the rear of such vehicle a red flag not less than twenty-four inches square with the word "Danger" in white letters six inches high. Every said vehicle shall be equipped with not less than two fire extinguishers, filled and ready for immediate use, and placed at a convenient point on the vehicle so used. 15.13 Any person who either individually or in association with one or more other persons will- fully injures or tampers with any vehicle or breaks or removes any part of parts of or from a vehicle without the consent of the owner is guilty of a mis- demeanor. 15.14 Any person who with intent to commit any malicious mischief, injury, or other crime climbs into or upon a vehicle whether it is in motion or at rest or with like intent attempts to manipulate any of the levers, starting mechanism, brakes or other mechanism or device of a vehicle while the same is at rest and unattended or with like intent sets in motionany vehicle while the same is at rest and unattended is guilty of a misdemeanor. 15.15 It shall be unlawful for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any street any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equip- ment in proper condition and adjustment as re- quired in this ordinance or which is equipped in any manner in violation thereof. 15.16 No motor vehicle or combination of vehicles, which cannot proceed up a three percent grade, on dry concrete pavement, at a minimum speed of twenty miles per hour shall be operated on the streets of the City of Dubuque. 15.17 No person shall have for sale, sell, or offer for sale any motor vehicle, trailer or semi- trailer which is in such unsafe condition as to en- danger any person or which does not contain those parts or is not at all times equipped with such lamps and brakes and other equipment in proper condition and adjustment as required in this ordi- nance, or which is equipped in any manner in vio- lation of this ordinance. 15.18 When one vehicle is towing or pulling an- other vehicle, the drawbar or other connection shall be of sufficient strength to pull all weight towed thereby, and shall be fastened to the frame 116 of the towing vehicle in such manner as to prevent sidesway, and in addition to such principal con- nection there shall be a safety chain which shall be so fastened as to be capable of holding the towed vehicle should the principal connection for any reason fail. 15.19 Heavily laden vehicles shall not be per- mitted to travel over Main Street from West 2nd to West 13th Streets, and upon such other streets as as the City Council may, by resolution, from time to time prescribe, except for actual loading or un- loading purposes, and only then within such block or blocks from or to which the loading or unloading is to be made. 15.20 Tractors or other machinery moving on caterpillar wheels or having heavy lugs shall not be permitted to be moved over any of the streets without first securing a route from the City Mang- er, and it shall be unlawful to move such vehicle over any street other than shown insuch routing instructions. 15.21 Vehicles used for the collection of gar- bage, manure, dead animals, and offensive offal of every kind are prohibited from using Locust, Main and Iowa Streets and Central Avenue from 3rd to 18th Streets between the hours of 8 A.M. to 10 P.M. All such vehicles shall be covered when loaded. 15.22 Circus parades shall be permitted only with the approval of the City Manager who shall prescribe the streets which may be used. Circus vehicles, except in parades, shall not be drawn over streets paved with soft top materials when- ever a hard top street can be used. 15.23 Other parades and processions may be held under such rules as the City Manager and Chief of Police may prescribe but information regarding the nature of the same shall be given to such officers in advance. 15.24 Vehicles shall not be driven through a parade or procession without permission of a police officer. 15.25 A vehicle shall not be driven within or upon any sidewalk area except at a permanent or temporary driveway. 15.26 No person, firm, or corporation shall, except in cases of an emergency, sell gasoline upon the streets by drawing the same from tank wagons or other containers for use in motor vehi- ' cles unless such containers are located below the surface of the street. 15.27 No person shall repair or cause to be repaired any vehicle in the streets or alleys, ex- cept in cases of emergency. PARKING 16.1 No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the direc- tions of a police officer or traffic -control device, in any of the following places: 1. On a sidewalk. 2. In front of a public or private driveway. 3. Within an intersection. 4. Within five feet of a fire hydrant. 5. On a crosswalk. 6. Within ten feet upon the approach to any flashing beacon, stop sign, or traffic con- trol signal located at the side of the road- way. 7. Within fifty feet of the nearest rail of a railroad crossing, except when parked parallel with such rail and not exhibiting a red light. 8. Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station and within seventy five feet of said entrance when properly signposted. 9. Alongside or opposite any street excava- tion or obstruction when such stopping, standing, or parking would obstruct traffic. 10. On the roadway side of any vehicle stopped or parked at the edge or curb of street. 11. In the alleys between Bluff and Locust Streets and from Jones Street to West 11th St; in the alley between Locust and Main Streets from Jones Street to West 12th Street; in the alley between Main and Iowa Streets from West 2nd Street to West 12th St.; int he alley between Iowa Street and Central Avenue from West 4th Street to Loras Boulevard; and in the alley between Central Avenue and White Street from 4th Street to East 14th Street, except vehicles stopped or parked for the purpose of taking on or delivering goods or merchandise, or vehicles used by the occupants of property within the block and only when such vehicle shall be stopped or parked in the transfer- ring or delivering of goods or merchandise to or from the property so occupied by them; and such vehicles shall be stopped or parked therein only when said, vehicles shall be next to and as near to the side of the alley as the condition of said alley will permit, and in such manner and place as will leave an opening of sufficient width to permit the free passage through said alley of other vehicles of ordinary size. 12. Upon any street or in any alley in any part of the City of Dubuque in such a. manner or under such conditions as to leave available less than ten feet of the width of the road- way of such street or alley for the free movement of vehicular traffic, excepting when necessary in obedience to traffic regulations or traffic signs, or signals of a police officer. 13. At any place where official signs or curb markings prohibit. 16.2 Except where angle parking is permitted, every vehicle stopped or parked upon a roadway where there is an adjacent curb shall be stopped or parked with the right-hand wheels of such vehicle parallel with and within eighteen inches of the right-hand curb. 16.3 Angle parking is permitted only on both sides of West 2nd Street from Iowa Street to Locust Street; the north side of West 6th Street from Locust Street to Bluff Street; the east side •of Bluff Street from West 6th to West 7th Street; the south side of West 7th Street from Locust to Bluff Street. Upon such streets or parts of streets, vehicles shall be parked within the spaces indicated and with the right front wheel of the vehicle against the curb. Vehicles having a greater length than 20 feet over all, shall not be permitted to park at an angle upon any street. 16.4 A space of twenty five feet is hereby re- served at the side of the street in fron of any theatre, auditorim, hotel having more than twenty-five sleeping rooms, or other buildings where large assemblages of people are being held, within which space, when clearly marked as such, no motor vehicle shall be left standing, parked or stopped except in taking on or discharging pas- sengers or freight, and then only for such length of time as is necessary for such purpose. 16.5 Vehicles shall not be parked between the hours of 9 a.m. and 6 p.m., Sundays and public holidays excluded, for a longer period of time than hereinafter designated within the district or upon any of the streets described in Schedule IV attached to and hereby made a part of this ordi- nance by this reference. For the purposes of the regulations herein provided, any vehicle not moved out of the block during the specified and designated parking periods, shall be deemed to have remained stationary. 16.6 Between the hours of 9 a.m. and 6 p.m. of any day, Sundays and public holidaysexcepted, no vehicle shall be parked within a parking meter zone as described in Schedule V, which is hereby made a part hereof by reference, in any space ad- jacent to which a parking meter is installed while such meter is showing a signal indicating that such space is illegally used, for a longer period than is necessary to operate the meter to show legal parking and no vehicle shall occupy continuously - for longer than one hour any such metered space on Main Street between Seventh Street and Ninth Street nor on Eighth Avenue between Main Street and Locust Street, nor shall any vehicle occupy continuously for more than two hours any me- tered space located in any other parking meter zone. Each vehicle parked adjacent to any parking meter shall park within any lines or markings painted upon the curb or streets to designate the parking space. 16.7 Vehicles shall not be parked in the metered zone except adjacent to a parking meter. 16.8 No vehicle parking in the meter zone shall use such metered space for a period longer than such meter indicates. 16.9 Where spaces have been set apart by signs or markings for bus stops or passenger zones, it shall be unlawful during the hours of bus operations, from 6 a.m. to midnight, for the oper- ator of any vehicle, other than a bus, to stand or park in any such officially designated bus stop, except that the operator of any passenger vehicle may temporarily stop in any such bus space or stop for the purpose of, and while actually en- gaged in the loading of or unloading of passen- gers. 117 16.10 No person shall move a vehicle not owned by such person into any prohibited area or away from a curb such distance as is unlawful. 16.11 No truck, bus, van or vehicle used for the carrying offreight or merchandise shall be parked or permitted to stand in front of the residence property of others so as to interfere with free accessibility thereto for a longer period than is reasonably necessary. The intent of this section is to prohibit the parking or placing of such vehi- cles in front of resident property to the inconven- ience of abutting residences unless the parking or placing of such vehicle is reasonably necessary when taken in connection with the purpose for which such vehicles are used or needed. 16.12 Moving vans or trucks or other vehicles handling heavy freight, merchandise, or materials shall be permitted to back into the curb and park at an angle, with the traffic, or not more than forty-five degrees, to take on or discharge loads, but permission for such angle parking in areas on through streets, and in the business district where angle parking is not otherwise permitted, shall be first obtained from the Chief of Police. In all such cases, the vehicle shall not remain so parked longer than the actual loading or unload- ing requires. If horses are attached to such vehi- cles, the same will be turned at right angles to the vehicle and in the direction in which the traffic on the street is moving. 16.13 Loading and unloading of merchandise, freight or materials shall not be done from a street in the business district where the same can be done from an alley. 16.14 The Chief of Police, with the approval of the City Manager, is hereby authorized to issue to any owner of a vehicle used to transport merchan- dise, freight or materials, a special permit, renew- able annually, and to state therein the terms and conditions thereof allowing the operator of such vehicles the privilege of loading or unloading while such vehicle is backed against the curb at an angle of of forty-five degrees with the traffic, if, in the opinion of the Chief of Police, such privilege is reasonably necessary in the conduct of the owners' business and will not seriously interfere with traf- fic. Such permit shall either be in the possession of the operator or on the vehicle at the time said vehicle is backed against the curb or parked at an angle to take on or discharge a load, and it shall be unlawful for the owner or operator to violate any of the special terms or conditions of such special permit. 16.15 It shall be unlawful to park any vehicle in any alley under any fire escape at any time. 16.16 It shall be unlawful for any motor vehicle to park in any stall or space in any parking lot within the City of Dubuque without first having secured the permission of the operator of any parking lot in which stalls or spaces for parking cars are rented. 16.17 A parking lot is a lot in the City of Du- buque where motor vehicles are parked for a fee. 16.18 In the business district the driver of a vehicle shall not back the same between other vehicles then standing upon the street in order to park his vehicle between such vehicles unless he can do so without interfering with traffic and 118 unless there is sufficient space so that such , vehicle when parked will be parallel with the curb and will leave at least four feet of clear space between the vehicles in front and to the rear of such vehicle. 16.19 No person shall park or permit to be parked any vehicle upon the streets or alleys merely for the purpose of displaying it for sale or storing it while not in use. 16.20 No person shall park or operate any vehicle upon the streets which, by loud speakers or mechanical devices, is used to advertise events or the sale of goods, wares or merchandise. 16.21 Vehicles shall not be permitted to park between the hours of 12 midnight and 6 a.m. upon such streets as are cleaned by sweeping or flush- ing. 16.22 It shall be unlawful to park on the side of the streets where signs are erected giving notice thereof, on all of said streets or parts of streets as listed in Schedule VI attached hereto and made a part of this ordinance by this reference. 16.23 Vehicles shall not be parked at any time for a longer period than fifteen minutes on the south-easterly side of Rhomberg Avenue from where Rhomberg Avenue is crossed by the Chicago Great Western Railroad tracks to Marshall Street. 16.24 Whenever a vehicle is found stopped or parked in violation of any state law or city ordi- nance, or in such manner as causes a dangerous condition to exist or whenever the owner or oper- ator of a vehicle has failed to report or heed a notice to appear before the proper magistrate, any police officer may remove such vehicle from a street or alley to a place of safe keeping. If such vehicle must be serviced or towed, the fee together with any other necessary expense incurred in such removal shall be assessed against the vehicle and shall be paid before it is released. 16.25 In any proceedings for violation of the parking provisions of this ordinance, the registra- tion plates displayed on such motor vehicle in- volved in said violation shall constitute in evidence a prima facie presumption that the owner of such motor vehicle was the person who parked or placed such motor vehicle at the point where such violation occurred. 16.26 -- Railroad cars shall not be parked or left standing at night on railroad tracks in or near the center and east line of Washington and Jackson Streets within fifteen feet of the north property lines of East 8th, East 9th, and East 10th Streets. 16.27 -- The Chief of Police may issue to any person a special permit to park a vehicle on Iowa Street or Central Avenue between 11th Street and 13th Streets only for the purpose of selling produce upon the public market and upon such conditions as the Chief shall prescribe, Such permit shall be either in the possession of the operator or on the vehicle at the time the vehicle is so parked. It shall be unlawful to violate any of the special terms or conditions thereof. LIGHTING EQUIPMENT 17.1 -- Every vehicle upon a street within this city at any time from a half hour after sunset to a half hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the street at a distance of five hundred feet ahead shall display lighted lamps and illuminating devices as herein- after respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles as hereinafter stated. 17.2 Whenever requirement is hereinafter declared as to the distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visi- ble said provisions shall apply during the times stated, in Section 17.1 upon a straight level un- lighted highway under normal atmospheric con- ditions unless a different time or condition is expressly stated. 17.3 At all times specified, at least two lighted lamps shall be displayed, one at each side at the front of every motor vehicle except when such vehicle is parked subject to the regulations gov- erning lights on parked vehicles. 17.4 Every motor vehicle other than a motor- cycle shall be equipped with at least two head lamps with at least one on each side of the front of the motor vehicle, which head lamps shall com- ply with the requirements set forth herein. 17.5 Every motorcycle shall be equipped with at least one and not more than two head lamps which shall comply with the requirements and limitations set forth herein. 17.6 Every motor vehicle and every vehicle which is being drawn at the end of a train of vehicles shall be equipped with a lighted rear lamp, exhibiting a red light plainly visible from a dis- tance of five hundred feet to the rear. 17.7 All other vehicles, including animal drawn vehicles, shall at all times when lights are required quired of motor vehicles be equipped with at least one lighted lamp or lantern exhibiting a white light visible from a distance of five hundred feet to the front of such vehicle and with a lamp or lantern ex- hibiting a red light visible from a distance of five hundred feet to the rear. 17.8 The rear lamp called for in Section 17.6 or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear regis- tration plate and render it clearly legible from a distance of fifty feet to the rear. When the rear license plate is illuminated by an electric lamp other than the required rear lamp, said two lamps shall be turned on or off only by the same control switch at all times whenever head lamps are lighted. 17.9 All requirements of the motor vehicle laws of the State of Iowa relating to clearance and identification lights of trucks, trailers or semi- trailers shall be complied with in the operation of such vehicle within the City of Dubuque. 17.10 Whenever the load upon any vehicle ex- tends to the rear four feet or more beyond the bed or body of such vehicle, there shall be displayed at the extreme rear end of the load, at the times specified herein, a red light or lantern plainly visible from a distance of at least five hundred feet to the sides and rear. The red light or lan- tern required under this section shall be in ad- dition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of such load a red flag or cloth not less than sixteen inches square. 17.11 Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, out- side of a business district whether attended or unattended during the time lights are required, such vehicle shall be equipped with one or more lamps which shall exhibit a white light on the roadway side visible from a distance of five hun- dred feet to the front of such vehicle and a red light visible from a distance of five hundred feet to the rear, unless there is sufficient illumination on the street where the vehicle is located to re- veal any person or object within a distance of five hundred feet upon such street. Any lighted head lamps upon a parked vehicle shall be depressed or dimmed. 17.12 Any motor vehicle may be equipped with not to exceed one spot lamp and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high-intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more than one hundred feet ahead of the vehicle. 17.13 Every motor vehicle shall be equipped with a signal lamp or signal device which is so constructed and located on the vehicle as to give a signal of intention to stop, which shall be red or yellow in color, which signal shall be plainly visible and understandable in normal sunlight and at night from a distance of one hundred feet to the rear but shall not project a glaring or dazzling light. 17.14 Headlamps and auxiliary driving lamps shall be so arranged that the driver may select at will between distributions of light projected to different elevations. 17.15 The high light shall have an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least three hundred - fifty feet ahead for all conditions of loading. 17.16 The low light shall have a lowermost distribution of light, or composite beam, so aimed that when the vehicle is not loaded, none of the high-intensity portion of the light which is directed to the left of the prolongation of the extreme left side of the vehicle shall; at a distance of twenty- five feet ahead, project higher than a level of ten inches below the level of the center of the lamp from which it comes. This requirement shall be deemed to avoid glare at all times regardless of road conditions. When the vehicle is not loaded, none of the high-intensity portion of the light which is directed to the right of the prolongation of the extreme left side of the vehicle shall, at a distance of twenty-five ahead, project higher than a level of five inches below the level of the center of the lamp from which it comes. In no event, shall any of the high-intensity of such lowermost distribution of light, or composite beam, project higher .than a level of forty-two inches above the level on which 119 the vehicle stands at a distance of seventy-five or more feet ahead. 17.17 All road lighting beams shall be so aimed and of sufficient intensity to reveal a person or vehicle at a distance of at least one hundred feet ahead. 17.18 Whenever the driver of a vehicle ap- proaches an oncoming vehicle within five hundred feet, such driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the oncoming driver, and in no case shall the high-intensity portion which is projected to the left of the pro- longation of the extreme left side of the vehicle be aimed higher than the center of the lamp from which it comes at a distance of twenty-five feet ahead, and in no case higher than a level of forty- two inches above the level on which the vehicle stands at a distance of seventy-five feet ahead. 17.19 No person shall drive or move any vehicle or equipment upon any highway with any lamp or device thereon displaying a red light visible from directly in front thereof. This section shall not apply to authorized emergency vehicles. No person shall display any color of light, other than red on the rear of any vehicle, except that stop lights may be red, yellow, or amber. 17.20 Flashing lights are prohibited on motor vehicles, except emergency vehicles, except as a means for indicating a right or left turn, or in- tention of stopping. BRAKES 18.1 Every motor vehicle, other than a motor- cycle, when operated upon a street shall be equipped with brakes adequate to control the move- ment of and to stop and hold such vehicle, includ- ing two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are con- nected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle with- out brakes on at least two wheels. Every motorcycle, and bicycle with motor attached, when operated upon a highway shall be equipped with at least one brake, which may be operated by hand or foot. Every trailer or semitrailer of a gross weight of three thousand pounds or more, and every trailer coach intended for use for human habitation, shall be equipped with brakes adequate to control the movement of and so designed as to be applied by the driver of the towing motor vehicle from its cab, and said brakes shall, after January 1, 1939 be so designed and connected that in case of an accidental breakaway of the towed vehicle, the brakes shall be automatically applied. Every semitrailer of a gross weight of three thousand pounds or more shall be equipped with a separate auxiliary means of applying the brakes on the semitrailer from the cab of the towing vehicle. 18.2.1 The service brakes upon any motor vehi- cle or combination of motor vehicles, when upon dry asphalt or concrete pavement surface free from loose material where the grade does not exceed one 120 percent, when traveling twenty miles an hour shall be adequate: (a) To stop such vehicle or vehicles having a gross weight of less than five thousand pounds within a distance of thirty feet. (b) To stop such vehicle or vehicles having a gross weight in excess of five thousand pounds within a distance of forty-five feet. 2. Under the above conditions the hand brake shall be adequate to hold such vehicle or vehicles stationary on any grade upon which operated. 3. Under the above conditions the service brakes upon a motor vehicle equipped with two wheel brakes only, and when permitted hereunder, shall be adequate to stop the vehicle within a dis- tance of forty-five feet and the hand brake ade- quate to stop the vehicle within a distance of fifty- five feet. 4. All braking distances specified in this sec- tion shall apply to all vehicles mentioned, whether such vehicles are not loaded or are loaded to the maximum capacity permitted by law. 5. All brakes shall be maintained in good work- ing order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle. MISCELLANEOUS EQUIPMENT 19.1 Every motor vehicle when operated upon a street shall be equipped with a horn in good work- ing order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall when reasonably necessary to insure safe operation give audible warning with his horn but shall not otherwise use such horn when upon a street. 19.2 No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle, or bell, This section shall not apply to authorized emergency vehicles but such •siren, whistle, or bell shall not be used except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which said latter events the driver of such vehicle shall sound such siren, whistle, or bell when necessary to warn pedestri- ans and other drivers of the approach thereof. 19.3 Loud signaling devices shall not be used during the period of from one hour after sunset to one hour before sunrise, unless absolutely neces- sary to avoid accidents. 19.4 Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or un- usual noise and annoying smoke, and no person shall shall use a muffler cutout, by-pass, or similar device upon a motor vehicle upon a street. 19.5 Every motor vehicle shall be equipped with a mirror so located as to reflect to the driver a view of the street for a distance of at least two hundred feet to the rear of such vehicle. Any motor vehicle so loaded, or towing another vehicle in such manner, as to obstruct the view in a rear view mirror located in the driver's compartment shall be equipped with a side mirror so located that the view to the rear will not be obstructed. 19.6 No person shall drive any motor vehicle equipped with a windshield, sidewings, or side or rear windows of a material which does not permit clear vision. 19.7 The windshield of every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be constructed as to be controlled or operated by the driver of the vehicle. 19.8 Every solid rubber tire on a vehicle shall have rubber on its entire traction surface at least one inch think above the edge of the flange of the entire periphery. No pneumatic tire shall be used on a motor vehicle when such tire is worn to the extent that more than two layers of fabric or cords are exposed on the entire traction surface. 19.9 No person shall operate or move on any street any motor vehicle, trailer, or semitrailer having any metal tire in contact with the roadway. 19.10 No tire on a vehicle moved on a street shall have on its periphery any block, stud, flange, cleat, or spike of any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire except that it shall be permissible to use farm machinery with tires having protuberances which will not in- jure the street, and except also that it shall be permissible to use tire chains of reasonable proportions upon any vehicle when requred for safety, because of snow, ice, or other conditions tending to cause a vehicle to skid. SIZE, WEIGHT AND LOAD 20.1 It shall be unlawful for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any street any vehicle or vehicles of a size or weight, including load, exceeding the limitations stated in this ordi- nance or in the Laws of the State of Iowa unless operated under the terms of a special permit. 20.2 No passenger -type vehicle shall be oper- ated on any street with any load carried thereon extending beyond the line of the fenders on the left side of such vehicle nor extending more than six inches beyond the line of the fenders on the right side thereof. 20.3 The total outside width of any vehicle or the load thereon, except loose hay or straw, shall not exceed eight feet. 20.4 No vehicle unladen or with load shall ex- ceed a height of twelve feet, six inches. - 20.5 No motor vehicle, trailer, semitrailer or vehicle, except fire fighting apparatus, which ex- ceeds thirty-five feet in length over all, nor any combination of such vehicles coupled together, which exceeds forty-five feet in length over all, shall be operated on the streets. 20.6 The load upon any vehicle operated alone, or the load upon the front vehicle of a combination of vehicles shall not extend more than three feet beyond the front wheels of such vehicle or the front bumper of such vehicle if it is equipped with such bumper. 20.7 No vehicle shall be driven or moved on any street unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a street in cleansing or maintaining such roadway. LOCAL RESPONSIBILITY 21.1 No ordinance or regulation enacted under Section 8.1, 12.3 to 12.5 inclusive shall be effective until signs giving notice of such regulations as called for are posted upon or at the entrances to the street or part thereof affected. CRIMINAL RESPONSIBILITY 22.1 It is a misdemeanor for any person to do any act forbidden or -to fail to perform any act required by any of the provisions of this ordinance. Upon conviction for a violation of any of the provisions of this ordinance, a person shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days. 22.2 Whenever a peace officer has reasonable cause to believe that a person has violated any provisions of this ordinance, such officer may: 1. Immediately arrest such person; or 2. Without arresting the person, prepare in triplicate a written summons to appear in court containing the name and address of such person, the operator's or chauffeur's license number if any, the registration number if any, of his vehicle, the offense charged, and the time when and the place where such person shall appear in court. 22.3 The clerk of court shall keep a full record of every case in which a person is charged with any violation of this ordinance. Within ten days after a conviction or forfeiture of bail of a person upon a charge of violating any provision of this ordinance said clerk shall pre- pare and immediately forward to the department of public safety and abstract of the record of said court covering the case in which said person was so convicted or forfeited bail, which abstract must be certified by the person so required to pre- pare the same to be true and correct. 22.4 Any peace officer is authorized to stop any vehicle to require exhibition of the driver's oper- ator or chauffeur license, to serve a summons or warning of traffic violation, to inspect the condition of the vehicle, to inspect the vehicle with refer- ence to size, weight, cargo, bills of lading or other manifest of employment and safety equipment, or to inspect the registration certificate, the com- pensation certificate, travel order or permit of such vehicle. 23 If any rule, section or part of this ordinance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of the remaining parts of this ordinance, and the City Council of the City of Dubuque hereby declares that it would have passed the remaining parts of this ordinance if it had known that such part or 121 parts hereof would be declared unconstitutional or illegal. Passed, adopted and approved upon final reading this 6th day of September, 1949. Amended 12/4/50. SCHEDULE I In accordance with Section 10.6 and when prop- erly signposted, traffic shall move only in the di- rection indicated upon the following streets or alleys or parts thereof: Traffic shall move northerly: In the alley between Iowa Street and Central Avenue from West 4th Street to Loras Boulevard. In the alley between Locust Street and Main Street from Tones to West 12th Street. Traffic shall move southerly: In the alley between Central Avenue and White Street from East 4th St. to East 14th St. In the alley between Main Street and Iowa Street from West 2nd Street to West 12th Street. SCHEDULE II In accordance with the provisions of Section 12.3 and when signs are erected giving notice thereof, drivers of vehicles shall stop at every intersection before entering any of the following streets which are designated as through streets; A. Jackson Street from the north line of East 12th Street to the north line of East 32nd Street; B. Central Avenue from the north line of Fourth Street to the northerly terminus of said avenue; C. Rockdale Road from its southerly terminus at the city limits north to its junction with South Locust Street, South Locust Street north to its junction with Locust Street and Locust Street north to the North line of West 17th Street; D. Elm Street from the south line of East 12th Street to the south line of East 20th Street. E. East 20th Street from the east property line of Central avenue to the east line of Elm Street; thence on Rhomberg Avenue to the west approach of the Dubuque -Wisconsin Bridge; F. East 14th Street from the west line of Elm Street to the east line of Central Avenue; G. Loras Boulevard from the west line of Cen- tral Avenue to the north property line of University Boulevard; H. East 12th Street from the east property line of Elm Street to the east line of Central Avenue; I. West 12th Street from the west line of Cen- tral Avenue to the east line of Locust Street; thence from the west line of Locust Street to the west Property line of Grove Terrace; Grove Ter- race to the north line of Arlington Street from 12th Street; Arlington Street from Grove Terrace to the west line of Highland Place; J. Eighth Avenue from the west line of Central Avenue to the extension of the west line of Hill Street; 122 K. University Avenue from the north property line of 8th Avenue to its westerly terminus at the city limits; L. Hill Street from the extension of the south line of 8fh Avenue to the north property line of West 3rd Street; M. West 5th Street from the east property line of Wilson Avenue to the west line of College Street; N. West 3rd Street from the west property line of Hill Street to the east line of North Grandview Avenue; 0. Dodge Street from the west line of Locust Street to its westerly terminus at the city limits; P. 4th Street from the east line of Central Avenue to the west line of Locust Street; Q. North and South Grandview Avenue from the south property line of Delhi Street to the north and west line of the Rockdale Road; and from the south and east line of the Rockdale Road to its easterly terminus; R. Windsor Avenue from the north property line of Rhomberg Avenue, to the south property line of Davis Avenue; S. Main Street from the south line of Tones Street to the south line of 4th Street; and from the north line of 4th Street to the north line of West 17th Street; T. Algona Street from the intersection of Uni- versity Avenue to St. Joseph Street. U. Iowa Street from the north line of 4th Street to the south line of 8th Avenue; from the north line of 8th Avenue to the south line of West 12th Street; and from the north line of West 12th Street to the south line of Loras Boulevard. V. White Street from the north line of East 14th Street to the south line of East 14th Street; from the north line of East 14th Street to the south line of East 17th Street; and from the north line of East 17th Street to the south line of East 20th Street. SCHEDULE -III In accordance with Section 12.4 the following are designated as Stop Intersections and when signs are erected giving notice thereof, drivers of vehicles shall stop before entering said intersec- tions from directions indicated; A. Eastbound and westbound vehicles must stop before entering: Washington Street at East 29th Street; Elm Street at East 29th Street. B. Northbound and southbound vehicles must stop before entering: Rosedale Street at Avoca Street; East 21st Street at Washington Street; East 21st Street at Elm Street. Fourth Street at White Street. East 17th Street at White Street. C. Westbound vehicles must stop before enter- ing; Bluff Street at West Third Street. SCHEDULE IV In accordance with Section 16.5 and when signs are erected giving notice thereof, no person shall park a vehicle for a period of time longer than hereinafter indicated between the hours of 9 a.m. and 6 p.m. on any day except Sundays and public holidays upon the streets or parts of streets as follows: 1. For longer than one hour upon the following streets: a. Both sides of Main Street from West 1st Street to West 4th Street and from West 11th Street to Loras Boulevard. b. Both sides of Locust Street from West 4th Street to West 5th Street and from West 10th Street to West 12th Street. c. Both sides of Iowa Street from West 4th Street to West 6th Street and from West 10th Street to Loras Boulevard. d. Both sides of West 5th Street, where there are no parking meters, from Locust Street to Iowa Street. e. Both sides of West Eleventh street from. Locust Street to Central Avenue and both sides of East Eleventh Street from Central Avenue to White Street. f. Both sides of 8th Avenue from Bluff Street to the westerly line of Hill Street. 2. For longer than two hours upon the following streets: a. Both sides of Main Street from Tones Street to West 1st Street. b. Both sides of Shields Street from Tones Street to MainStreet.. c. Both sides of Bluff Street from West 1st Street to West 6th Street and from West 10th Street to West 12th Street. d. Both sides of Central Avenue from 4th Street to 6th Street; from 10th Street to 12th Street and from 14th Street to 24th Street. e. Both sides of Locust Street from fonesStreet to West 4th Street and West 12th Street to Loras Boulevard. f. Both sides of West 1st Street from Iowa Street to Bluff Street. Both sides of West 2nd Street from Iowa Street to Locust Street. h. Both sides of West 3rd Street from Iowa Street to Locust Street. i. Both sides of West 4th Street from Central Avenue to a point 50 feet easterly of the west end of West Fourth Street. Both sides of West 5th Street from Central Avenue to Iowa Street, from Locust Street to Bluff Street and the north side of West 5th Street from Bluff Street to 196 feet west thereof. g. j• k. Both sides of West 10th Street from Central Avenue to Iowa Street and from Locust Street to Bluff Street. 1. Both sides of West l lth Street from Locust Street to Bluff Street. m.Both sides of West 12th Street from Central Avenue to Bluff Street. n. Both sides of West 13th Street from Central Avenue to Main Street. o. Both sides of East 5th Street from Central Avenue to White Street. Both sides of East 7th Street from Central Avenue to White Street and the south side only between Jackson Street and Washington Street. P• q• Both sides of East 9th Street from Central Avenue to White Street and the south side only between Jackson Street and Washington Street. r. Both sides of East 10th Street from Central Avenue to White Str,aet. s. Both sides of White Street from East 10th Street to East 12th Street. t. The west side of Jackson Street between 10th and 12th Streets. u. Both sides of White Street from the north line of East Fourth Street to the south line of East Sixth Street; v. Both sides of Fourth Street from the east line of Central Avenue to the west line of White Street; w. Both sides of Central Avenue from the south line of Fourth Street to the north line of Third Street; SCHEDULE V In accordance with Section 16.6 the following streets and parts of streets are declared Parking Meter Zones within which no vehicle shall park contrary to the provisions of the said section: a. Central Avenue from 6th Street to 10th Street and from 12th Street to 14th Street. b. Iowa Street from West 6th Street to West 10th Street. c. Main Street from West 4th Street to West 11th Street. d. Locust Street from West 5th Street to West 10th Street. e. Bluff Street from West 6th Street to West 10th Street. f. West 5th Street on the northerly side thereof from the alley between Main and Locust Streets to the alley between Main and Iowa Streets. West 6th, 7th, 8th and 9th Streets from Cen- tral Avenue to Bluff Street. h. West 10th Street from Locust Street to Iowa Street. g; SCHEDULE VI In accordance with Section 16.22 and when signs are erected giving notice thereof, no person shall, at any time, park a vehicle upon any of the follow- ing described streets or parts of streets: a. The southerly side of West 5th Street from the west line of Bluff Street to a point 123 opposite the west line of lot 12 of Corrells' Dubuque, and on the northerly side of West 5th Street beginning at a point 196 feet west of the west line of Bluff Street and extending thence westerly to the west line of Lot 12 of Corrells', Dubuque. b. On the south .side of West 11th Street from Prairie Street to Race Street. c. On the west side of Race Street from West 11th Street to Rose Street. On the south and west side of West 12th Street from Bluff Street to Grove Terrace. On the east side of Grove Terrace from 11th Street to Arlington Street. f. On the south side of Arlington Street from Grove Terrace to Prairie Street. On the south side of Jefferson Street from Walnut Street to Olive Street. On the west side of Summit Street from West 3rd Street to West 5th Street. i. On the west side of Algona Street from University Avenue to Bennett Street. j. On the east side of Walnut Street from University Avenue to Loras Boulevard. k. On the east side of Sumner Street from Lin- coln Avenue to Rhomberg Avenue. 1. On the south side of West 3rd Street from Bluff Street to Burch Street. m. On the east side of Booth Street from Univer- sity Avenue to West 5th Street. n. On the west side of Air Hill Street from Uni- versity Avenue to 8th Avenue. o. On the west side of Wilson Avenue from University Avenue to 8th Avenue. p. On the south side of Delhi Street from Allison Street to Grandview Avenue. q. On the west side of Washintgon Street from East 24th Street to East 25th Street. r. On the north side of West 24th Street from Central Avenue to Broadway. s. On the both sides of East 12th Street from Central Avenue to White Street. t. On the north side of East 30th Street from the east side of Jackson Street to a point 334 feet easterly thereof. u. Both sides of East Sixteenth Street from Elm Street to Pine Street. v. The north side of Seminary Street from the west line of North Main Street to the east line of Harold Street. w. The south side of East 22nd Street from Windsor Ave. to Stafford Ave., x. The south side of Merz Street from Windsor Ave. to Althauser Ave. y. Both sides of Thomas Place z. The west side of White Street from the north line of East Fourth Street to a point thirty- seven (37) feet north of the north line of East Fourth Street; d. e. g. h. 124 aa. The southeasterly side of Rhomberg Avenue from the north line of Twentieth Street to the Chicago Great Western Railroad's tracks; bb. Both sides of Robinson Street from Bluff Street to University Avenue; cc. The east side of Nevada Street from the south curb line of University Avenue to a point forty-six (46) feet south of the south curb line of University Avenue: dd. The northeasterly side of Delhi Street from the south line of University Avenue to a point twenty (20) feet southeasterly of the stop sign located on the south corner of the intersection of Delhi Street and University Avenue; ee. The west side of Grandview Avenue from the north line of Grace Street to the south line of Delhi Street; Amended 11/14/49; 4/10/50; 8/7/50; 9/14/50; 10/19/50. Ordinance No. 38-50. An Ordinance Establishing Parking Regulations on Certain Parts of West Fourth Street, (West of Bluff Street), and Providing a Penalty Thereof. Be it Ordained by the City Council of the City of Dubuque: Section 1. It shall be unlawful to park any vehi- cle at any time for a distance of fifty feet along the north and south curb lines of West Fourth Street, at the extreme west end of West Fourth Street, immediately easterly of the elevator lift, provided that such spaces above designated shall first be marked by proper signs erected at intervals with the words thereon, "No Parking At Any Time." Section 3. Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined by a fine of not to exceed One Hundred Dollars ($100.00) or im- prisonment for not more than thirty (30) days. Passed, adopted and approved upon final reading this 7th day of August, 1950. Ordinance No. 7-47. An Ordinance Relating to Traffic and Regulating the Use of Public Streets in the City of Dubuque, Iowa; Prescribing Regulations Relative to the Parking of Vehicles Upon Such Streets; Provid- ing for Purchase, Rental, Installation, Opera- tion, Maintenance, Supervision, Regulation and Control of the Use of Parking Meters; Defining and Providing for the Establishment of Parking Meter Zones upon the Public Streets and for an Enforcement Thereof and Providing Penalties for the Violation Thereof. Be it Ordained by the City Council of the City of Dubuque, Iowa, that; DEFINITIONS. Section 1. Whenever the follow- ing terms are used in this Ordinance they shall - have the meaning respectively ascribed to them in this section: STREET. Every way set apart for public travel, except alleyways, bridle paths, and foot paths. ROADWAY. That portion of a street between the regularly established curb lines. SIDEWALK. That portion of a street between the curb lines and the adjacent property lines. VEHICLE. Any device by which any person or property may be transported upon a public highway, except those operated upon rails and permanent tracks. PARKING METER. A mechanical device located upon a public street or sidewalk in a place regularly designed as a parking zone as herein after defined, which device shall record a certain number of minutes by the use of a clock mechanism determin- ing the period of time for which parking privileges may be extended to the person so depositing such coin. PARKING METER ZONES. A certain designated and marked off section of the public street within the marked boundaries where the vehicle may be temporarily parked and allowed td remain for such period of time as the parking meter attached there- to may indicate. Section 3. The City Manager is hereby author- ized and directed to install parking meters in all parking meter zones hereby established, or herein- after established, by the City Council of the City of Dubuque, Iowa for the purpose of, and in such num- bers, and at such places as may be necessary to the regulation, control, and inspection of the parking of vehicles therein including the reservation of loading zones for commercial vehicles. Section 4. Parking meters installed in parking meter zones shall be installed upon the curb im- mediately adjacent to the individual parking spaces hereinafter described, and each parking meter shall be so constructed and adjusted as to show, when properly operated, a signal that the space adjacent to which,it is installed is or is not legally in use. Each parking meter installed shall indicate by a proper legend the legal parking time estab- lished by the City and when operated shall indicate on any by its dial and pointer the duration of the period of legal parking and on the expiration of such period, shall indicate illegal or over parking. Section 5. The City Manager shall have lines or markings painted upon the curb or upon the street adjacent to each parking meter designating the parking space for which said meter is to be used, and each vehicle parked adjacent to any park- ing meter shall park within said lines or markings. It shall be unlawful to park any vehicle across any such line or marking or to park said vehicle in such position that'the same shall not be entirely within the space designated by such lines or mark- ing. Section 7. Parking meters when installed and properly operated, shall be so adjusted as to show legal parking during a period of twelve minutes upon and after the deposit of a one cent coin, 24 minutes upon and after the deposit of two one cent coins, 36 minutes upon and after the deposit of three one cent coins, 48 minutes upon and after the deposit of four one cent coins, 60 minutes upon and after the depost of five one cent coins, or 60 minutes upon and after the deposit of one five cent coin from Seventh Street to Ninth street on Main, and on Eighth Ave. from,Main to Locust Street. All other parking meters when installed and properly operated, shall be so adjusted as to show legal parking during a period of 12 minutes upon and after the deposit of a one cent coin, 24 minutes upon and after the deposit of two one cent coins, 36 minutes upon and after the deposit of three one cent coins, 48 minutes upon and after the deposit of four one cent coins, 60 minutes upon and after the deposit of five one cent coins or one five cent coin and upon the deposit of five one cent coins and of one five cent coin or upon the deposit of two five cent coins 120 minutes. All coins above re- ferred to shall be of the United States of America. Section 9. It shall be unlawful to deposit or cause to be deposited in any parking meter any slug, device, or metallic substitute for a one cent or a five cent coin of the United States. Section 10. It shall be unlawful for any unauthor- ized person to open, or for any person to deface, injure, tamper with, or willfully break, destroy, or impair the usefulness of any parking meter in- stalled pursuant to this ordinance, or to hitch any animals thereto. Section 11. It shall be the duty of the police, under the direction of the Chief of Police to keep account of all violations of this ordinance. (a) He shall keep an account of and report the number of each parking meter which indicates that the vehicle occupying the parking space adjacent to such parking meter is or has been parked in violation of any of the provisions of this ordinance, the date and hour of such violation, the make and the state license number of such vehicle, and any other facts a knowledge of which is necessary to a thorough understanding of the circumstances attending such violation. (b) He shall attach to such vehicle a Summons card stating that it has been parked in violation of this ordinance, and instructing the owner or oper- ator to report to the Desk Sergeant at the Police Station not later than 8;00 o'clock A.M., the follow- ing morning in regard to such violation. Section 12. Any person violating any provision of this ordinance shall be deemed guilty of a mis- demeanor, and upon conviction thereof shall be pun- ishable by a fine not exceeding $ 100.00 and upon failure to pay said fine shall be imprisoned for a period not exceeding thirty days. Section 13. The amount of the coins required to be deposited in parking meters as provided here- in is hereby levied and assessed as a fee to pro- vide for the proper regulation, control, and inspec- tion of traffic upon the public streets; said coins as collected are to be paid into the Consolidated Fund of the City of Dubuque. Section 14. It shall be the duty of the City Manager to designate some person or persons to make regular collections of the money deposited in said parking meters, and deliver the money to the City Treasurer, and it shall also be the duty of the City Treasurer, to count the money and place it in a special fund to be known as the "Parking Meter Fund," which fund shall be used for the pur- poses specified in Section 13. Such person or per- sons making such collections shall be bonded in the sum of $ 1000.00 to insure the faithful performance of his or their duties. The premium on the bond shall be paid by the City. 125 Section 15. If any section, part of section, sent sentence, clause, or phrase of this ordinance shall be held to be unconstitutional or invalid, the re- maining provisions hereof shall nevertheless re- main in full force and effect. Section 16. All ordinances or parts of ordi- nances or resolutions in conflict with the provis- ions of this ordinance are hereby repealed. Passed, adopted and approved upon final reading this 21st day of March, 1947. Amended 11/17/47. Ordinance No. 45-50. An Ordinance Prohibiting Parking of Vehicles on Streets upon Which Snow Removal Equipment is Operating: Authorizing the City Street Com- missioner to Designate Such Streets and to Remove Vehicles Parked in Violation Hereof; Declaring Such Vehicles a Nuisance; and Pro- viding a Penalty for Violation Thereof. Section 1. No vehicle as defined in the Traffic Code of the City of Dubuque shall be parked upon any street in the City of Dubuque in such a manner as to interfere with the removal of snow or ice from such street. Section 2. The City Street Commissioner is hereby authorized and empowered to erect signs prohibiting parking upon any street in the City of Dubuque upon which snow removal equipment is operating and upon the erection of such signs parking thereon shall be prohibited until such signs shall be removed by the City Street Com- missioner. 126 Section 3. Any vehicle located or parked with- in the limits of any street in the City of Dubuque which is substantially interfering with the prompt and orderly removal or plowing of snow or ice from such streets in violation of Sections 1 and 2 hereof is hereby declared to be a nuisance and may be removed by or under the direction of the City Street Commissioner to any place for safe- keeping. Section 4. In the event the City Street Commis- sioner shall remove any vehicle in accordance with Section 3 hereof he shall make a record thereof and shall, within twenty-four (24) hours thereafter, give written notice to the owner at his last known address, if known; and, if the owner be unknown, on the first business day following the day of such removal publish such notice at least once in a newspaper having general circulation in the City of Dubuque. Such notice shall include a statement of the time of removal, the place of storage, a description of the vehicle and the registration num- ber, if any. Section 5. The cost of removal of any vehicle removed in accordance with this Ordinance and the storage charge, if any, shall be paid by the owner of such vehicle but any such charges shall not be considered a fine, penalty or forfeiture. Section 6. Any person violating any of the terms of this Ordinance shall be fined not exceeding one hundred dollars ($100) or be imprisoned in the City jail not to exceed thirty (30) days. Passed, adopted and approved this 22nd day of November, 1950. CHAPTER XVII Buildings Ordinance No. 107. An Ordinance Creating a Board of Examiners for Plumbers, Providing for the Examination and Licensing of Plumbers: Fixing the Fees for Certificates and Licenses: and Prescribing a Penalty for Doing Plumbing Work or Engaging in the Plumbing Business Without a Certificate and License. Be it Ordained by the City Council of the City of Dubuque: Section 1. That there is hereby created a Board of Examiners for all persons engaged in the business of plumbing within the City of Dubuque, either as Master Plumbers, Employing Plumbers and Journeymen Plumbers, the members of which Board shall be appointed by the City Manager with the approval of the City council, one of whom shall be a practical Journeyman Plumber having at least Five (5) year's experience, one of whom shall be a Master Plumber who has been engaged in the plumb- ing business as a Master Plumber for at least Five (5) years in the City of Dubuque, and the third shall be a member of the Board of Health. Section 2. One member shall be appointed to serve for a period of One (1) year; One member shall be appointed to serve for a period of Two (2) years, and the third member, who shall be a mem- ber of the Board of Health, shall be appointed to serve for a period of Three (3) years. All mem- bers of the Board shall serve until their succes- sors are duly appointed and qualified. In the event a vacancy should occur in said Board, prior to the time that such member's term expires, it shall be the duty of the Plumbing Inspector to notify the City Manager of such vacancy, who in turn shall recommend to the City Council a competent person to fill such vacancy. When a vacancy occurs, either by resignation, death or by expiration of the term of office, a Journeyman Plumber, a Master Plumb- er or a Member of the Board of Health, as the case may be, shall be appointed to fill such va- cancy. Section 3. "The compensation which shall be paid to the members of the Plumbing Board shall be Five Dollars ($5.00) per diem, but in no case shall the compensation exceed pay for twelve (12) per diems per year." The Council shall provide suitable rooms in which said Board of Examiners may hold its meet- ings, and shall provide said Board with all neces- sary and incidental equipment and facilities for holding the examinations, and pay the expense thereof. Two members of the Board shall constitute a quorum for the transaction of business but final action of said Board shall require a majority vote of all its members. Section 4. The Board of Examiners shall elect one of its members chairman who shall preside at all meetings of the Board. It shall appoint one of its members Clerk, whose duty it shall be to keep a record of all meetings of the Board, to register the names and residences of all persons examined by said Board and the kind of licenses issued to each applicant and the date thereof. TERMS DEFINED. Section 5. The term "Journeyman Plumber" shall mean any person who engages in the practical installation of plumbing which is by law, order or rule subject to official inspection. The term "Master or Employing Plumber" shall include any person, firm or corporation en- gaged in the business of plumbing other than as a journeyman plumber actually engaged in the in- stallation of plumbing and who is skilled in the planning, superintending and practical installation of plumbing and familiar with the laws, rules and regulations governing the same. The term "Plumbing" shall mean any receptacle or appliance installed or used to receive waste water, house soil, slops, or sewage. APPLICATIONS FOR EXAMINATIONS. Section 6. Any person desiring to be licensed as a jour- neyman plumber, and any person, firm or corpora- tion desiring to be licensed as a master or employ- ing plumber, shall first make application to the Plumbing Inspector for an examination, on blanks provided for that purpose and pay the examination and license fee herein provided for and, thereupon, said Inspector shall present said application to- gether with a receipt for said fee to the Board of Examiners who shall fix the time for the holding of the examination. EXAMINATIONS --HOW CONDUCTED. Section 7. The Board of Examiners shall meet at least once each month and oftener, if necessary, at the place where it holds its regular meetings for the purpose of conducting examinations of applicants for Journeymen, master or employing plumbers license. The examination shall consist of written charts and practical test, covering the theory and practice of plumbing, the interpretation of charts and blue prints and plans of plumbing installation and such other tests as the Board may deem nec- essary in order to properly pass upon the qualifica- tions of an applicant. Such examination shall be impartial and the fitness or unfitness of the appli- cant shall be determined from the examination as made. -A certificate or license in the form ap- proved by the State Board of Health shall be issued only to an applicant who successfully passes his examination and such certificate or license shall entitle the holder thereof to work either as a journeyman, or master, or employing plumber, in accordance with the license issued to him. Before a master plumber's license can be issued to a firm or copartnership at least one member of such firm or copartnership or some employee thereof shall take and successfully pass a master plumber's examination and such person shall be at all times in charge of and have 127 supervision of all plumbing work done by such firm or copartnership, If such person shall cease to be associated with such firm or copartnership the li- cense shall be suspended and remain inoperative until some other member or employee of same firm or copartnership shall qualify, as herein - stated, Provided, however, that before a firm or copartnership can secure or operate under a master plumber's license, an affidavit must be filed with the Board of Examiners by the members of such firm or copartnership stating the names and addresses of the members thereof and desig- nating the members or member or employee of such firm who will have charge of plumbing work as the master plumber of such firm or copartner- ship. Before a master plumber's license can be is- sued to a corporation, such corporation must have either as an officer, director, stockholder or em- ployee one who has taken and successfully passed a master plumber's examination and such person shall at all times be in charge of and have super- vision of all plumbing work done by such corpora- tion. If such person shall cease to be so identified with said corporation, the license shall be sus- pended and remain inoperative until the require- ments hereof shall be complied with. A corpora- tion, seeking a master plumber's license, shall file an affidavit with the Board of Examiners to the effect that the 'person taking the examination is such member of such corporation and stating his office or position therein. Any misrepresentation or false statements con- tained within said affidavit shall be cause for re- voking the license theretofore issued. The foregoing provisions shall not apply to firms or corporations who secured their license without an examination pursuant to the laws of Iowa existing at the time the Plumbers' License Law was enacted. TEMPORARY LICENSE AND RE-EXAMINA- TION. Section 8. It is contemplated that cases may arise where a journeyman or master plumber, may, after filing his or its application for a license and the fees have been paid, be required to wait for his examination by the Board of Examiners on account of unusual circumstances. In such cases, the President of the Board, or, in his absence, any other, member of the Board may make a prelim- inary examination of the applicant, and if satisfied with his qualification, may issue a temporary li- cense revocable at the option of the Board. The result of such examination and the fact of the is- suance of such license shall be preserved as a part of the records of the Board. Such temporary license shall continue in effect only up to the time said applicant is notified to appear before the Board for his regular examination, at which time it shall cease and terminate. Only one temporary license shall be issued to the same party. Any applicant failing to pass an examination may, upon his application, be re-examined after the expiration of sixty days, but failure to pass an ex- amination will not entitle the applicant to the re- turn of any fees paid by him, but he shall have the privilege of taking a second examination without paying an additional fee. All examinations after the second examination shall be given only upon making proper application and paying the proper fee as provided for in an original application, 128 FAILURE TO APPEAR FOR EXAMINATION. Section 9. After an application for an examination has been filed, the Plumbing Inspector shall give the applicant three days' notice in writing, advis- ing him when to appear for examination before the Examining Board. Should an applicant for a license do any plumbing work after a temporary license has been revoked, he shall be fined for violation of this ordinance, as herein provided. A new applica- tion must be made by any person, firm or corpora- tion failing to appear for examination at the stated time and a new fee paid, unless good cause is shown for such failure to appear. Section 10. A fee of Five Dollars ($5.00) shall accompany an application for examination for a Journeyman's license and a fee of Ten Dollars ($10.00) shall accompany an application for a Master Plumber's license, which fee shall be paid to the Inspector who shall issue a receipt there- for. The making of such application and the pay- ment of the fee shall entitle the applicant to the privilege of taking an examination before the Board of Examiners. If a successful examination is passed by the applicant he shall be given the license for which application has been made. All licenses expire on December 31st of the year when issued and must be renewed each year. Section 11. A new license shall be issued to a Master Plumber by making application therefor and the payment of a fee of Two Dollars ($2.00), and to a Journeyman Plumber for One Dollar ($1.00). All application renewals shall be made upon blanks to be furnished by the Plumbing In- spector and such applications shall be made on or before the 15th day of January in each year. Fail- ure to make application at the time herein stated and the payment of the prescribed fee shall subject the applicant to a new examination and the payment of the same fee as is required in the first instance. Licenses shall not be transferable. PENALTY FOR VIOLATION OF ORDINANCE. Section 12. Any person who engages in the business of installing plumbing in the City of Dubuque as a journeyman plumber without a license, as herein required, and any person, firm or corporation who engages in the business of plumbing as a master plumber without a license as herein required, shall upon conviction be finednot to exceed one hundred dollars ($100) for each offense or imprisoned until such fine is paid, but not to exceed thirty days. Passed, adopted and approved upon final reading this 12th day of Aug., 1921. Amended 8/12/21; 2/3/41. Ordinance No. 8-33. An Ordinance Providing for the Appointment of a Plumbing Inspector and Prescribing His Quali- ties; Regulating the Installation and Inspection of Plumbing and the Issuance of Permits There- for; Prescribing a Penalty for Violation Hereof; And Repealing Ordinance No. 108 and all Other Ordinances or Parts of Ordinances in Conflict Herewith. Be it Ordained by the City Council of the City of Dubuque: Section 1. There is hereby created the office of Plumbing Inspector, whose duties shall consist of making inspections of all plumbing installation done within the City of Dubuque and exacting compliance with the terms of this ordinance and all other ordinances relating to plumbing. He shall be a person having at least five (5) years of practical experience in the plumbing business, either as a Journeyman or Master Plumb- er, be a resident of the City of Dubuque for at least one year prior to his appointment, and be a licensed plumber at the time of his appointment. Section 2. Before any plumbing work is done within the City of Dubuque a permit must be se- cured from. the Plumbing Inspector. Any person, firm or corporation desiring such permit shall make application therefor to the Plumbing Inspec- tor upon blanks furnished for that purpose giving the name of the owner of the premises and its loca- tion and the person, firm or corporation who will do the plumbing work proposed; and that all plumb- ing contemplated to be done will be installed in accordance with the provisions of the ordinances of the City of Dubuque and all laws of the State of Iowa, governing plumbing. The installation of any plumbing before a permit is granted or without a permit having been granted shall be a violation of this ordinance and the offender shall be punished as herein provided. - Section 3. Permits will not be required for the removal of stoppage in soil or waste pipes or for replacing broken fixtures, or tanks, or faucets, or repairing leaks in waste pipes or water pipes or tanks, but when repairs are made only fixtures. shall be used to replace broken fixtures as shall conform to the provisions herein prescribed. Traps not previously vented when repaired shall be finished with an approved antisyphon trap. Section 4. When a permit has been issued the construction of such plumbing shall be done under the supervision of the inspector at all times until its completion. In all cases when plumbing work authorized to be done under a permit or in accord- ance with the terms of such permit is installed contrary to the provisions of this Ordinance, it shall be the duty of the Inspector to at once stop the work and require all improper installation or materials to be torn out. If the work has been done by a licensed plumber, he shall also notify in writ- ing the Board of Examiners of the violations of the Ordinance and such Board may, if it deems the violation of sufficient importance revoke the offend- ing person's license. The Inspector may also can- cel the permit and file an information against the offender charging.him with the violation of the pro- visions of this ordinance. When a permit has been revoked it shall be un- lawful for any person to proceed further with any plumbing -work without the written consent of the Inspector. Section 5. When a permit has been issued, the work covered thereby shall be started within thirty (30) days from date thereof or such permit will become void and a new permit must be obtained; providing, however, that an extension of time may be granted by the Inspector if in his judgment such extension is proper. Section 6. When a permit has been issued no new or additional work shall be put in or fixtures set, without the approval of the Inspector, and a new permit must be taken out for all additional • work or fixtures. If, before the work is actually installed or begun, and/or before completion, a change is made in the original plans, the person installing the plumbing shall immediately notify the Inspector thereof and receive his approval. No changes shall be made without the approval of the Inspedtor. Section 7. When the roughing -in has been com- pleted, and before the work has been covered, or in any way concealed from view, or any fixtures set, the work shall be subjected to a test as hereinafter specified.. When such work has been made perfectly tight, the Inspector shall be notified that the work is ready for inspection and the same shall be left open and convenient for inspection two full working days after such notification, unless such inspection is made sooner. All plumbing work shall be subjected to either of the following tests, subject to the approval of the inspector: (1) by plugging all openings and filling with water to the highest point; or (2) by pressure of air not less than five (5) pounds to the square inch. These tests shall be made in the presence of the Inspector and shall include all soil, waste and vent pipes. If, upon inspection, the inspector finds that the work has not been installed in accordance with the provisions of this ordinance he shall notify the plumber, if any, in charge of said work and also the owner of said premises by posting a written notice thereof upon the premises, and such posted notice shall be all the notice required to be given of the defects in the work found by the Inspector, and any person, other than the Plumbing Inspector, who shall remove or mutilate such posted notice with- out the written permission of the Inspector shall be fined not less than five (5) dollars. Section 8. When the work covered by the per- mit is completed the Inspector shall be notified that the work is ready for final inspection and such work shall be subjected to a final test of smoke or. air before a certificate of final approval will be issued. Section 9. All soil, waste and ventilation pipes within the building shall be cast-iron, galvanized steel or wrought iron, lead, brass, or copper; ex- cept that no steel or wrought iron pipe shall be used under ground for soil, waste or vent pipes. Tapping holes in soil or waste pipes is pro- hibited, except tapping sand holes in fittings or pipes and then not to exceed three fourths (3/4) of an inch in diameter. Section 10. All steel or wrought iron pipe for soil, waste, and vent pipes shall be of standard weight, well galvanized, butt or lap weld; and all fittings for such pipes below the water line of fix- tures shall be draniage fittings of long sweep pat- tern; fittings above the fixtures shall be galvanized malleable iron, cast iron or brass. Wrought iron, steel, brass, or copper pipes shall be connected to cast iron pipe by either calked or screw joints. Ends of steel, wrought iron, brass or copper pipe shall be reamed and ail burrs or cuttings shall be removed. Wrought iron or steel pipe connections shall be made with 129 a right and left coupling, or running thread with coupling and lock nut. Unions shall not be used except that ground faced unions may be used in unavoidable places but in no case shall they be used in concealed places. Section 11. All cast iron soil pipe and fittings shall be dipped in coal tar at the factory while hot so as to form a hard uniform coating and all cast iron pipe shall be sound. Cracked hubs, pipes or fittings will not be permitted. All cast iron soil pipe shall be of the grade known to the trade as extra heavy. Except that standard cast iron soil pipe may be used in extensions of existing standard cast-iron soil lines for water closets located on first floor or on floors on which branch is taken off of existing lines. In no case shall standard cast-iron soil pipe be used underground. The following weights per lineal foot, including hubs, will be accepted as complying with this Ordi- nance; EXTRA HEAVY 2 -inch 5-1/2 pounds per lineal foot. 3 -inch 9-1/2 pounds per lineal foot. 4 -inch 13 pounds per lineal foot. 5 -inch 17 pounds per lineal foot. 6 -inch 20 pounds per lineal foot. 7 -inch 27 pounds per lineal foot. 8 -inch 35-1/2 pounds per lineal foot. 10 -inch 45 pounds per lineal foot. 12 -inch 54 pounds per lineal foot. STANDARD 2 -inch 3-3/5 pounds per foot. 3 -inch 5-1/5 pounds per foot. 4 -inch 7 pounds per foot. 5 -inch 9 pounds per foot. 6 -inch 11 pounds per foot. 7 -inch 14 pounds per foot. 8 -inch 17 pounds per foot. 10 -inch 23 pounds per foot. 12 -inch 33 pounds per foot. All fittings used in connections with such pipes shall correspond to the above table in weight and quality. Section 12. All joints in cast iron soil pipe shall be made flush with hubs, with oakum, well tamped, and pure lead not less than one inch thick, well calked, and no paint, varnish, putty or cement of any kind; or tilting of joints will be allowed. Lead , pipe shall in all cases be joined by means of wiped joints. Where lead pipe is joined to brass pipe, soldering nipples or calking ferrules, wiped joints only will be allowed. Brass or copper pipes may be jointed to brass or copper pipes by either wiped or screw joints. All connections between lead pipes and cast iron pipes shall be made with suitable ex- tra heavy brass ferrules or brass soldering nipples. Brass ferrules shall be extra heavy red cast brass, and of the weight and dimensions as given in the following table: Diameter 2-1/2 inches 3-1/2 inches 4-1/2 inches 130 Length Weight 4-1/2 inches 4-1/2 inches 4-1/2 inches 1 pound 1 pound 12 ozs. 2 pounds 8 ozs. Soldering nipples shall be of brass pipe, iron pipe size, or heavy cast red brass not less than. the following weights: Weight Diameter Ozs. Diameter 1-1/4'! 6 2-1/2'? 1-1/2'' 8 3 HH 2 HH 14 4 I? W eight Lbs., Ozs. 1-6 2-0 3-8 Soldering bushings shall be of brass pipe, iron pipe size or of heavy cast red brass. Section 13. All pipes shall be run as direct as possible. Changes in direction of horizontal soil or waste pipes shall be made with wye branches, degree bends or long turn quarter bends. Offsets shall be made with forty-five degree bends or similar fittings. (Cast offsets may be used in vertical soil, waste and vent lines only). No short quarter bends shall be used except under closet bowls and unless unavoidable in vertical stacks or where the flow changes from the hori- zontal to the vertical. Branches in soil lines or house drains for waste lines shall be made with wyes or sanitary tees. No straight tee branches or crosses will be al- lowed. No double hub fittings or inverted hubs shall be used in waste or soil lines. In no case will the use of saddles or bends be permitted. Section 14. All lead pipes, traps and bends shall be drawn and not less than the following weight per lineal foot. 1-1/4 inches 3 pounds 1-1/2 inches 4 pounds 2 inches 5 pounds 3 inches 6 pounds 4 inches 8 pounds All bends and offsets in lead pipes shall be made so as to have full sized openings, and care shall be taken not to weaken any portion of the pipe in bend- ing or working. All lead pipes when placed in posi- tion shall be properly supported under the entire length to prevent sagging. Section 14. All soil, waste and vent pipes shall be placed inside of the building and carried full size to a point at least twelve (12) inches below the roof, and all such pipes less than four (4) inches in diameter shall be increased to four (4) inches in diameter through and twelve (12) inches above the roof, change in diameter shall be made with long increaser, pipes four (4) inches and larger in diameter are not required to be increased through roof; pipes passing through roofs used for drying purposes, or serving for yard or similar purposes shall be extended seven (7) feet above such roof and be suitably braced. The roof terminal of any.waste, soil or vent, when located within eight (8) feet of any window or door in the same or adjoining building shall be carried two (2) feet above such opening. Section 16. Where soil, waste or vent pipes pass through roof they shall be flashed and made water tight with sheet lead, copper or galvanized iron. Section 17. The following chart of soil, waste and vent pipes shall apply: - Numbers Kinds of Fixtures Closets Chart Showing Kinds of Fixtures, of Fixtures, Sizes of Traps, Diameter of Soil, Waste and Vent Pipes Soil and Waste No. of Fixtures Allowed 1 10 11-25 26-60 61-100 101-175 2 Slop Sink with 6 Trap Combined 7-15 16-36 37-64 Sinks, Bath Tubs, 1 Laundry Trays, Or- dinary Slop Sinks Single Urinals and Shower Baths Wash Basins, Cuspidors, Bub- blers, Refriger- ator s Floor Drains * * Bar Connections Long Trough, Pedestal, Combined Trap and Porcelain Stall Urinals 1-4 5-6 7-10 11-15 16-30 1 1-4 5-10 11-25 26 1 1-4 6-8 8-36 1 1-4 5-10 11-25 26 Sizes of Soil and Waste Vent No. of Fixtures Allowed Sizes of Back Vents 3 in. 6 2 in. 4 in. 7-10 2-1/2 in. 5 in. 11-20 3 in. 6 in. 21-40 3-1/2 in. 8 in, 41-75 4 in. 10 in. 76-106 5 in. 2 in. 1 1-1/2 in, 3 in. 3 2 in. 4 in. 7-10 2-1/2 in. 5 in. 11-20 3 in. 6 in. 21 3-1/2 in. 1-1/2 2 2-1/2 3 3-1/2 in. 4 in. 1-1/4 in. 1-1/2 in. 2 in. 3 in. 4 in. 2 in. 3 in. 4 in. 6 in. 1-1/2 in. to 3 in. in. in. in. in. 2 in. 3 in. 4 in. 5 in. 6 in. 4 1-1/2 in. 5-8 2 in. 9-12 2-1/tin. 13-20 3 in. 21-30 3-1/2 in. 31 4in. 2 1-1/4 in. 3-6 1-1/2 in. 7-15 2 in. 16-40 3 in. 41 4in. 6 2 in. 7-10 3 in. 11-20 3-1/4 in. 21-40 4 in. 1-1/2 in. to 3 in. 2 1-1/2 in. 1-4 2 in. 5-12 2-1/2 in. 13-30 3 in. 31 4in. Sizes of Traps Required 2-1/2 in. to 4 in. 2 in. to 4 in. 1-1/2 in. or 2 in. 1-1/4 in. or 2 in. Maximum Developed Length of Vent Pipe Permitted * 80 feet 100 feet 120 feet 150 feet 200 feet 300 feet 60 feet 80 feet 100 feet 120 feet 150 feet 60 feet 80 feet 100 feet 120 feet 150 feet 200 feet 50 feet 60 feet 80 feet 120 feet 2 in. 80 feet to 120 feet 6 in. 150 feet 200 feet . 60 feet to 80 feet 1-1/2 in. or Larger 2 in. to 4 in. 60 feet 80 feet 100 feet 200 feet *--After maximum developed length of pipe is reached increase diameter of pipe at each mul- tiple of the maximum length permitted. **--The minimum size of waste for basement or cellar floor drain shall be not less than three (3) inches in diameter. Section 18. A water closet may be installed on a four (4) inch soil pipe rising from house drain to first floor or any floor above first floor and may be vented with a two (2) inch vent pipe, provided the premises where such closet is installed has a four (4) inch stack of undiminished size extending through roof, "except that a three (3) inch soil stack may be used in dwellings for not more than one set of fixtures." A set of fixtures shall consist of not more than 1 bath, 1 lavatory, 1 closet and 1 sink or similar fixtures. Note; Allow in addition to water closet permitted one bath, one basin and one sink or similar fixtures. Soil or waste pipes placed in any building for future use shall be ventilated, tested and subjected to the same rules in every respect as if intended for immediate use, and all openings must be closed by means of a screw or calked plug or soldered. Section 19. Every fixture trap shall be protected against siphonage and back pressure and air circu- lation assured by means of a soil or waste stack vent, a continuous waste or soil vent, or a loop or circuit vent. No crown vent shall be installed. No trap shall be placed more than five (5) feet from its vent and the opening in the stack shall not be lower than the trap seal. Note: For soil, waste and vent pipe sizes see Chart A. Section 20. (A) All vents shall be run separately through the roof; or be reconnected at least eight inches below the roof, or be reconnected to the 131 main vent pipe not less than three feet above the highest floor on which fixtures are placed. No fit- ting or fittings for future waste connections shall be placed in any soil or waste pipe above the point of revent connections. Where vent pipes connect to a horizontal soil or waste pipe the vent branch shall be taken off above the center line of the pipe, and the vent pipe must rise vertically or at an angle of 45 degrees to the vertical to a point of 45 degrees to the vertical to a point six (6) inches above the fixture it is venting before off -setting horizontally or connecting to the branch, main waste or soil vent. (B) In remodeling existing plumbing or in the extension of existing plumbing it is found to be im- possible or impracticable to revent fixture traps, an approved deep seal resealing trap may be used provided that permission is first obtained from the Plumbing Inspector. Section 21. (A) Fixed wooden wash trays or sinks shall not be installed in any building designed or used for human habitation. (B) Traps for bath tubs, lavatories, sinks, laun- dry tubs and other similar fixtures shall be of extra heavy lead, cast-iron, brass or malleable iron. Connection between brass trap and waste lines shall be made with brass tubing not lighter than 17 gauge. (C) Traps of bent brass tubing shall not be light- er than seventeen (17) gauge, and shall have gauge of metal plainly stamped thereon. Unions and cleanouts in traps shall be below the water seal, except that ground faced unions may be used on outlet of trap. Section 22. Water closets shall not be placed beyond ten (10) feet from the continuous vent and they shall be constructed of material equal to vit- reous china or cast iron enameled inside and out, and made in one piece and of such shape and form as to hold a sufficient quantity of water when filled up to the trap overflow, it will completely submerge any matter deposited in them and properly flush and scour the bowl and pipe when the contents of the bowl are discharged. Section 23. Traps for bath tubs when placed within seven (7) feet of the continuous vent need not be vented if 4x8 drum trap is used and the open- ing in stack to which bath waste connects is not over twelve (12) inches lower than the seal of trap; ex- cept when fixtures discharge into same stack from floor above, in which case bath traps shall be vented, and such bath waste shall connect into stack below water closet or other fixture opening or into side inlet tee. Wet vent may be used. Traps for laundry tubs when placed not over five (5) feet from stack need not be vented, pro- vided a 4x8 inch drum trap is used. Waste from laundry tubs may drain into floor drain placed di- rectly beneath tubs. A set of notmore than three (3) laundry tubs shall be considered one fixture. Section 24. Urinals shall be constructed of vit- reous china ware or other impervious material. Water closets and pedestal urinals with integral traps shall have visible trap seals. Section 25. Grease traps of adequate capacity shall be installed wherever greasy waste from 132 hotels, restaurants, club houses or similar places are discharged into sewer. They shall be con- structed of cast-iron, cement or hard burned brick laid in cement mortar and have gas tight cover. When practicable traps shall be vented as near trap as possible. Section 26. Waste pipes from bar and soda foun- tain shall not be connected directly with the sewer but shall be trapped and arranged so as to waste into an open sink or floor drain or trapped funnel. Section 27. Waste pipes from refrigerators or other receptacles where food is kept shall not be connected directly with sewer, soil or waste pipe, but shall discharge over basement drain, open sink, or trapped funnel. Waste lines from refrigerators set on any floor above the first floor shall be ex- tended through the roof as a vent. Waste lines for mechanical refrigerators located above first floor need not be extended through roof as a vent; and such waste lines shall be adequate in size for the purpose intended. Section 28. The waste lines for basement or cellar floor drains shall not be less than three (3) inches in diameter. The waste lines for floor drains other than for basement or cellar drains shall be as indicated in Chart A. All floor drains shall be properly trapped with deep seal trap with cleanout accessible through cover or brought up level with floor. Floor drains located on any floor above basement or cellar shall be considered the same as other fixtures. Section 29. Water closets shall be supplied with water from separate tanks, or flushometers and shall be so arranged as to deliver at least three (3) gallons of water at each flushing. Pan, hopper, valve, plunger, offset, washout, range, and laterine closets shall not be installed. Water closets shall not be placed in an unventilated room but shall be open to the outer air by means of windows or air. shafts, but in no case shall air ducts which serve water closets open into living room or hall. Frost -proof closets will be permitted in build- ings when extreme conditions necessitate their use. When installed, the bowl must be of vitreous china- ware, or cast-iron enameled inside, of the flush rim pattern, provided with an adequate tank automat- ically drained. Note: A special permit must be obtained from the Plumbing Inspector before such frost -proof closet can be installed. Fixtures shall not be set in any building until partitions and window frames are set. Section 30. Water closets, pedestal urinals and trap, slop sinks with trap standards, and similar fixtures with floor connections shall be connected to soil or waste pipe by means of a brass floor connection wiped or soldered to lead pipe or bend and securely anchored to floor, where structural part of floor is of wood; in solid concrete construc- tion or underground work cast iron connections may be used. In Durham work screwed brass flanges shall be used. Joints shall be made tight with an adequate as- bestos graphite ring, or an asbestos gasket washer. To insure the tightness of the joint a paste of red or white lead or other equal compound of the consistency of putty may be used. Section 31. All plumbing fixtures shall be in- stalled free and open in a manner to afford access for cleaning. When practical all pipes from fix- tures shall be run to the wall. Section 32. All soil waste and vent pipes in hori- zontal runs shall be hung and supported with sub- stantial iron hangers placed not more than ten (10) feet apart. Soil waste and vent lines in vertical runs shall have iron pipe rests on first floor and every thirty (30) feet above. Section 33. Floor drains in public or commer- cial garages shall be intercepted before entering any sewer by a suitable catch -basin properly trapped. In all cases such drain shall be connected into a storm sewer when such a sewer is available. Connections shall not be made with a sanitary sewer except and unless a storm sewer is not available which shall be determined by the City Engineer. Catch basins shall be constructed of cast iron, cement, brick, or other material approved by the Plumbing Inspector; they shall be water tight and not less than two (2) feet deep below the outlet pipe, and not less than eighteen (18) inches in diam- eter. The outlet shall be not less than three (3) inches in diameter, with clean-out brought up level with floor just outside of catch -basin; clean -outs will not be allowed inside of catch -basin. When it i§ impossible to install catch -basins of the above dimensions then such a catch basin may be used as the Plumbing Inspector may approve. Sediment, grease or oils, which may collect in catch -basins must be removed often enough to prevent their entrance into the sewer to which they are connected. Section 34. Waste from plumbing fixtures in buildings situated on streets where a public sewer is not available shall be connected to septic tanks. The drain tile or other means of disposing of the effluent from septic tanks shall not be located within twenty (20) feet of any building or public sidewalk. Where it is found to be impossible to locate sewage treatment plants within the limits prescribed above, special permission from the Board of Health must first be obtained before pro- ceeding with the installation of said sewage treat- ment plant. Septic tanks, or any sewage treatment tank shall not be built or installed without first obtaining a permit from the Board of Health. Section 35. House sewers shall be of the best quality of vitrified earthenware pipe or extra heavy cast-iron soil pipe; when of vitrified earthenware pipe, joints shall be made with Portland cement or other approved material and shall be laid no nearer than five (5) feet from the inside line of basement wall nor less than one and one-half (1-1/2) feet below the surface of the ground. When cast-iron soil pipe is used for house sewers extra heavy pipe "or heavier" shall be used, and joints shall be made with lead in the manner specified for soil pipe. Stone, cement or vitrified earthenware house drains shallnot be laid under or in any building, and such house drains now laid that become defec- tive or dangerousto health shall be removed and replaced withextra heavy cast-iron soil pipe. Sewers, drains and waste pipes shall have not less than one-eighth (1/8) inch fall or grade per foot. Section 36. (A) The bodies of clean-out ferrules shall be made of standard pipe sizes, conform in thickness to that required for pipe and fittings of the same metal and extend not less than one-quar- ter (1/4) inch above the hub. The clean-out cap or plug shall be of heavy red brass not less than one- eighth (1/8) inch thick and be provided with raised nut or recessed socket for removal. (B) Clean -outs shall be provided at the end of each horizontal, and at the bottom of each vertical line of waste or soil line, and at each lower turn in vertical soil or waste stack. All cleanouts shall be accessible and shall be of the same size as the pipes they serve, except where pipes are larger than four (4) inches in diameter, in which case clean -outs need not be larger than four (4) inches. A test tee of the same size as the main drains shall be placed in line just inside of foun- dation wall, except where main drain turns from the horizontal to the vertical at a distance of not more than five feet from foundation wall, in which case test tee may be placed at turn of pipe. (C) Blowoffs, drains or exhaust pipes from high pressure steam boilers shall not be directly con- nected with any drain which is connected with a public drain or sewer. Such pipes shall discharge into a tank or condenser with iron cover and be vented. Blowoffs or drains from low pressure steam heating boilers or hot water heating boilers shall not be directly connected to a house drain or sewer, but shall drain into an open floor drain or other fixture. Section 37. The Plumbing Inspector shall have access to all buildings for the purpose of carry- ing into effect any of the provisions of this ordi- nance. Section 38. (A) The following fees shall be charged for all inspections made under this ordi- nance:' One (1) dollar each for the first four (4) fixtures or openings left in the work for such fix- tures to be attached thereto: and fifty (50) cents for each and every fixture or opening thereafter. (B) When an existing fixture is moved to a new location, or replaced with a new fixture, and any new waste or vent pipe is used, or the existing waste or vent pipe is in any way changed, a permit must be taken out the same as for new work and a fee of fifty (50) cents per fixture •paid. (C) When an existing house sewer connecting to sewage treatment tank or cess -pool is changed to connect to a public sewer and the house drain is in any way changed or additional pipe run to make such change to a public sewer, a permit must be obtained for such work and a fee of one (1) dollar paid. (D) Where inspection fees have been paid for openings left in any plumbing work, no additional fees shall be charged when the fixtures are set, but a new permit must be secured before such fixtures are set. (E) If by reason of non-compliance with the provisions of this ordinance, or through the use 133 of defective materials, a subsequent inspection becomes necessary, the person, firm or corpora- tion doing the plumbing within said premises first inspected, shall make the necessary changes in the work to make it conform to the provisions of this ordinance, and shall notify the inspector that same is ready for re -inspection, and for such re -inspec- tion a fee of two (2) dollars shall be paid. (F) Permits will not be issued to any plumber who is delinquent in the payment of any of the above charges. Section 39. The word "fixture" as used in this ordinance shall be construed to mean any recep- tacle installed or used to receive or discharge waste water, house soil, slops or sewage into a drainage system with which they are connected. Section 40. Any person, firm or corporation violating any of the provisions of this ordinance shall be fined not less than one (1) dollar nor more than one hundred ($100) dollars for each offense or be imprisoned until such fine is paid not to exceed thirty (30) days. Section 41. Nothing herein shall be construed as annuling any rule or regulation relating to plumb- ing of the State Board of Health or State Plumb- ing Code Commission, but all of the provisions hereof shall be construed and interpreted as to conform to said rules as may be adopted by said State Board of Health or as may be contained in the State Plumbing Code. Section 42. That Ordinance No. 108 adopted August 12, 1921, and all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Passed, adopted and approved upon final reading this 15th day of May, 1933. Ordinance No. 128 An Ordinance Providing for the Making of Sewer, Water and Gas Connections to the Curb Line by Owners of Property Adjacent to Streets, Alleys and Avenues Which are to be Permanently Improved, and Providing for the Making of Such Connections by the City and Assessing the Cost Thereof to Such Property. Be it Ordained by the City Council of the City of Dubuque: PROPERTY OWNERS SHALL MAKE CONNEC- TIONS. Section 1. Before any street, highway, avenue, alley or public ground is permanently im- proved, the City Council, by the passage of a reso- lution, may require connections from gas, water and sewer mains to be made by the owners of abut- ting property to the curb line of said property, and a notice of such requirements shall be given to the property owners as herein provided for. NOTICE TO BE GIVEN. Section 2. That as soon as the resolution requiring the connections to be made as provided for in Section 1 hereof is passed and adopted by the City Council, a written notice shall be served upon all persons, firms or corporations owning property along the street, avenue or alley proposed to be improved, which notice shall order said property owner or owners to make connections to the curb line with gas, water and sewer mains located in said streets, and there- upon it shall be the duty of the owners of such 134 property to comply with such notice. The notice shall prescribe whether or not more than one con- nection is required to be made and the description of the lot or parcel of real estate to which the same is to be made and, in each instance, such owner or owners shall be advised of the number of connections that are required to be made. WHEN CONNECTIONS ARE TO BE COM- PLETED. Section 3. The resolution passed by the Council for this purpose and the notice that is served upon the property owner shall prescribe the time within which connections are to be made with such mains as herein provided for, and this notice shall be final unless the time is extended by the City Council upon application made therefor, or if conditions should arise which would make it im- possible for the property owner to make the con- nections required. CITY MAY MAKE CONNECTIONS. Section 4. If the property owners upon whom notice has been served to make the connections as herein provided for, should fail or refuse to make such connections within the time provided for in said resolution and notice, then the City Council may proceed to have said connections made upon a contract made and entered into for that purpose and the costof making such connections shall be assessed to said property owners and shall be collected in the same manner as other special assessments are collected, except that the whole amount of such assessments shall become due at. once and shall not be payable in in- stallments. Passed and adopted upon final reading after the suspension of rules this 2nd Day of October, 1922. Amended 5/2/28. Ordinance No. 22-30. An Ordinance Providing for the Appointment of an Electrical Inspector; Defining His Powers and Duties: Prescribing Rules and Regulations for the Installation of Electric Light and Power Wiring, Electrical Work and Materials: Pro- viding for the Inspection of Such Work and the Manner of Installation and Imposing a Penalty for the Violation of the Terms Hereof: and Repealing All Ordinances or Parts of Ordinances in Conflict Herewith or Theretofore Enacted Governing the Same Subject. Be it Ordained by the City Council of the City of Dubuque: ELECTRICAL INSPECTION, APPOINTMENT, QUALIFICATIONS, SALARY, BOND. Section 1. There is hereby created and established the office of Electrical Inspector. The Electrical Inspector shall be appointed by the City Manager and shall hold office at his pleasure. The person chosen to fill the office of Electrical Inspector shall be a competent electrician of good moral character and shall have had at least four years' experience as a journeyman in the practice of his trade. He shall be well versed in approved methods of electrical construction for safety to life and property, the statutes of the State of Iowa, relating to electrical work, the rules and regulations issued by the City Council of Dubuque, Iowa, under authority of the statutes, the National Electrical Code, as approved by the American Standards Association, and other installation and safety rules and standards as ap- proved by the American Standards Association. A The Inspector shall hold membership in the Association of Electrical Inspectors in which he may be entitled to membership and shall serve on any Electric Committees' of this Association to which he may be appointed. The City Manager shall fix the salary of the Electrical Inspector and may require him to file a bond as provided by Ordinance. RIGHTS OF ACCESS TO BUILDING. Section 2. Said Electrical Inspector shall have the right dur- ing reasonable hours to enter any building in the discharge of his official duties, or for the purpose of making any inspection or test of the installation of electric wiring, electric devices and/or electric material contained herein, and shall have the authority to cause the turning off of all electrical currents and cut or disconnect in cases of emer- gency any wire where such electrical currents are dangerous to life or property or may interfere with the work of the Fire Department. PERMITS. Section 3. No alterations or additions shall be made in the existing wiring of any building nor shall any building be wired for the placing of any electric light, motors, heating devices, or any apparatus requiring the use of electrical current, nor shall any alterations be made in the wiring in any building after inspection, without first notifying the Electrical Inspector and securing a permit therefore, except minor repair work such as re- pairing flush and snap switches, replacing fuses, changing lamp sockets and receptacles, taping bare joints and repairing drop cords. Applications for each permit describing such work shall be made by the person, firm or corporation installing sameand permit when issued shall be to such applicant. Section 4. In industrial plants where expert electricians are regularly employed and who have charge of the electrical work in such plants the general provisions of Section 3 shall not apply except as follows: a monthly inspection shall be made by the Electrical Inspector of the installation of electric wiring, fixtures, appliances, work and materials used and one in connection with the operation of work in said plant. A record shall be kept at such plants covering the preceding month. This record shall be filed with the Electrical In- spector each month prior to the time he makes his regular inspection. All wiring, fixtures, appliances, work done and materials used in connection with electrical installation in such plants shall conform to the provisions, except as the same are hereby limited or exempted. Any falsity contained in the reports required to be filed with the Electrical Inspector shall subject the person, firm, or corpora- tion responsible therefor to the penalties provided for in Section 26, hereof. "Any industrial plant to whom the provision hereof applies shall pay to the City of Dubuque in- spection fees of $5.00 per month, which fee shall cover the service to be performed by the Electrical Inspector as herein provided." Section 5. No permit will be required for the installation of wires to operate electric bells, gas lighting apparatus, call bells, burglar alarms or other similar installations, when a transformer is not used and where the voltage as used is not over fourteen (14) volts. INSPECTION, CERTIFICATE OF INSPECTION. Section 6. Upon completing the installation of any electric work, electric light or power wiring, electrical fixtures and appliances or electrical work or materials or the alteration thereof or ad- dition thereto, the Electrical Contractor Q person in charge of same shall notify the Electrical In- spector who shall as soon as possible inspect such installation, wiring, fixtures, appliances, work and materials. If found to comply with the require- ments thereof and upon the payment of the inspec- tion fee hereinafter provided for, he shall issue a certificate of inspection and approval. In case the Electrical Inspector finds that such installation, wiring, fixtures, appliances, work or materials or any part thereof is not in conformity with the requirements of this Ordinance he shall refuse to issue a certificate of inspection and approval and upon such refusal he shall give notice thereof to the Electrical Contractor or person in charge of the same, giving his reasons therefor together with a written statement as to the changes necessary to comply with the requirements thereof. In no case shall a certificate of inspection and approval be issued on any installation that is concealed in such manner that it cannot be examined. All wires which are to be hidden from view shall be inspected before concealment and any person, firm, or cor- poration installing such wires shall notify the Electrical Inspector, giving him 24 hours in which to make the required inspection before such wires are concealed. Section 7. When fires have damaged wiring of any building, and when wiring has been disconnected by Fire Department, wiring must not be reconnected until released by the Electrical Inspector. Section 8. No person, firm or corporation shall furnish electricity to any person unless the pro- visions of this Ordinance have been fully complied with and until the certificate of inspection and approval has been issued by the Electrical Inspec- tor. Section 9. In cases of controversy arising over the interpretation of any part of this Ordinance, the interpretation of the Electrical Inspector shall be final. RECORDS OF PERMITS AND INSPECTIONS. Section 10. The Electrical Inspector shall keep complete records of all permits issued and inspec- tions made and other official work performed under the provisions of this Ordinance. He shall be pro- vided with the necessary clerical help to carry out the provisions of this section. INSPECTION FEES. Section 11. Before deliver- ing a certificate of inspection and approval the Electrical Inspector shall collect from the person; firm or corporation procuring the same a fee com- puted in accordance with the following schedule provided, however, that in no case shall such fee be less than fifty cents. Outlets10 or less), each $ .15 Outlets (10 to 25 incl.) each .08 Outlets (over 25), each .05 Electric signs or outline -lighting of more than two sockets 2.00 Range and heating devices, each 1.00 Fixtures (1 to 10 incl.) each .10 135 Fixtures (over 10), each Motors and Apparatus including control . (0 to 3/4 H.P.) (1 to 2 H.P.) (3 to 5 H.P.) (6 to 10 H.P ) (11 to 20 H.P. (21 to 30 H.P ) More than 30 H.P. fee shall be $3.50 plus each additional H.P. Ceiling fans, each Exhaust fan (0 to 1/8 H.P. incl.) Battery chargers Transformers (0 to 1 K.W. incl.) Transformers (Over 1 K.W ) Reinspections: For each reinspection made neces- sary by faulty construction 1.00 $ .05 A. Theaters; including motion picture houses. B. Assembly halls fitted with or without a stage or platform, used for purposes of general assem- blage, lodge halls, for dancing, for skating, for lectures, or for entertainments or exhibitions. C. Public or private hospitals having accom- modations for more than ten convalescents or ambulatory patients or more than six patients con- fined to bed and quartered above the first story. D. Hotels and public rooming houses of more than fifteen rooms. Section 18. All meter installations hereafter made shall be equipped with a standard approved blocked steel service cabinet inclosing all service connection parts, including externally operated switch, fuses and meter connections. This stand- ard service outfit shall be used for entrance as well as customer's meter connections and shall be arranged so as to be sealed by the company supply- ing the electricity or its authorized representative. Circuit or branch fuses shall be installed for all circuits in such a manner as to be externally acces- sible to the consumer or owner of the premises. LIGHTING SERVICES, FEEDERS, BRANCH CIRCUITS. Section 19. This section applies only to installations for lighting and other applications of electricity commonly supplied from lighting circuits for connection to 115 volt or 115-230 volt distribution systems and does not apply to wiring for the supply of energy to power equipment is supplied from the same feeders supplying lighting systems. The requirements of this section shall be deemed additional to, or amendatory of these prescribed elsewhere in this Ordinance. A. Branch circuit panel boards shall contain a minimum of one spare circuit for each five cir- cuits in service or fraction thereof. B. Where branch circuit distribution cabinets are installed in such a way as to prevent wiring to them, to make use of spare circuit positions without injuring the structure or finish of the build- ing, some means shall be provided for such acces- s ibility. C. The current -carrying capacity of feeders in an interior wiring system shall be not smaller than the smallest allowable wire size permitted for existing load conditions plus 7-1/2 amperes at 115 volts for each spare circuit position. D. Conductors for services and feeders shall be of such size that the total voltage drop from the point of entrance to the farthest branch circuit distributing panel board shall not exceed three per cent with the load equal to the total capacity as stated in Paragraph 19C. E. In laying out an installation, except for con- stant current systems, every reasonable effort shall be made to secure distribution centers located in easily accessible places at which points cut-outs and switches controlling the various branch circuits shall be grouped for convenience and safety of operation. The load shall be divided as evenly as possible between branches and all complicated and unnecessary wiring shall be avoided. F. Wire sizes for branch circuits in all classes of building, except residences, shall be such that the voltage drop between the branch circuit .75 1.00 2.00 2.50 3.00 3.50 10for .25 .50 1.00 1.00 2.00 APPROVED MATERIALS. Section 12. No electrical materials, devices or appliances shall be used or installed in the City of Dubuque unless they are in conformity with the provisions of this Ordinance, the statutes of the State of Iowa, and unless they are in conformity with approved meth- ods and construction for safety to life and property. Conformity of electrical materials, devices and appliances with 'the standards of Underwriters Laboratories, Inc., as approved by the American Engineering Association and other standards ap- proved by the American Engineering Standards Association shall be prima facie evidence that such electrical materials, devices and appliances comply with the requirements of this Ordinance. The maker's name, trade mark or other identifica- tion symbol shall be placed on all electrical material, devices and appliances used or installed under this Ordinance. CONSTRUCTION REQUIREMENTS. Section 13. All wire carrying a voltage in excess of 250 volts and less than 600 volts shall be inclosed in all metal conduit, metal raceways or a steel armored cable. Section 14. All buildings within the fire limits and all buildings occupied by three or more fami- lies, all hotels, schools, convents, churches, hos- pitals, sanitariums, institutions for the care of orphans or aged people, club houses, theatres, dance and amusement halls, all buildings used for public assemblies, all buildings used for industrial purposes, shall be wired in approved rigid or flex- ible metal conduit, metal raceways except where additions are to be made to existing approved feed- er systems, at which time such additions may be made with wires in rigid or flexible metal conduit, metal raceways or with steel armored cable. Section 15. Underground services whether in rigid metal conduit, rigid non-metallic conduit, or park cable or other approved underground cable shall be not less than two standard wire sizes larger than the smallest standard wire size allow- able for the load conditions as stated elsewhere in this• Ordinance. Section 16. Neither armored cable nor flexible metal conduit shall be installed in any location where experience has shown rapid deterioration of iron or steel or their protective coating. EMERGENCY LIGHTS. Section 17. Emergency lights shall be installed wherever necessary to illuminate stairways, corridors, fire escapes and all other ways of egress from: distribution panel and the farthest outlet does not exceed 3 volts. G. Residences shall be construed to be build- ings or parts of buildings designed for occupancy by not more than two families; and out buildings on the same premises, such as garages, designed to house not more than 2 cars. H. For the purpose of demand calculations, receptacle outlets which are a part of combination lighting and appliance receptacle circuits shall be rated at not less than fifty (50) watts each. 19-I. There shall be not more than six sockets on any branch circuit supplying display window lighting. 19-J. A demand factor of 50 shall be applied to feeders for show window lighting outside the fire limits. Section 20. All motors of one H.P. or larger operating on voltages of more than fifty (50) volts shall be protected from overload by thermal cut- outs or time limit relays. Section 21. When an addition or change in old wiring, in excess of thirty per cent (30%) of present installation is made, all of said installation shall comply with this ordinance. Section 22. Wherever possible, rigid metal conduit and/or rigid non-metallic conduit shall be pitched for drainage. Where conduits are pitched, drainage of condensation or moisture entering the conduit shall be accomplished in such a manner as to effectively dispose of such condensation or moisture. Section 23. WORKMANSHIP. In all wiring special attention shall be paid to the mechanical execution of the work, care to be taken in neatly running, connecting, soldering, taping conductors and securing and attaching the fittings and when- ever in the opinion of the Electrical Inspector the installation is not so executed, he shall order such changes, alterations or reconstruction as he shall deem necessary. Section 24. No certificate of inspection shall be issued unless the electric light, power, and heating installations are in strict conformity with the pro- visions of this Ordinance, the Statutes of the State of Iowa, the rules and regulations issued by the Industrial Commission of Iowa under authority of the State Statutes, and unless they are in conformity with the approved methods of construction for safety to life and property. The regulations as laid down in the National Electrical Code, as approved by the American Safety Code, as approved by the American Standards Association, and in the National Electrical Safety Code, as approved by the American Standards Association, and other instal- lation and safety regulations approved by the American Standards Association shall be prima facie evidence of such approved methods. EXCEPTIONS TO THIS ORDINANCE. Section 25. The provisions of this Ordinance shall not apply to the installation of electric light or power wiring, electrical fixtures, appliances, work or material in connection with the erection, construc- tion, maintenance or repair of sub -stations, central power stations, power houses or street car barns or public utility companies furnishing electric cur- rent for light, or power or street railway companies nor to the trolley wires, line wires, fixtures or other apparatus or appliances belonging to such companies and located on the streets or alleys of the City nor to the installation of the electric wiring, fixtures, appliances, work or material of public service telephone and telegraph companies and necessary for or incident to the transmission of intelligence by such companies. This Ordinance shall not be construed to relieve or lessen the responsibility or liability of any party owning, operating, controlling or installing any electrical wiring, electric devices, and/or elec- trical materials for damages to person or property caused by any defect therein nor shall the City be held as assuming any such liability by reason of the inspection authorized herein, or certificate of inspection issued as herein provided. PENALTY. Section 26. Any person, firm or corporation, who shall fail to comply with any of the provisions hereof, shall upon conviction thereof, be punished by a fine of not less than five dollars nor more than one hundred dollars, together with the cost of prosecution, and in default of payment thereof, by imprisonment for not less than five days nor more than sixty days. REPEAL OF CONFLICTING ORDINANCES. Section 27. All ordinances or parts of ordinances conflicting with the provisions of this ordinance and all ordinances heretofore adopted relating to this same subject, be and the same are hereby repealed. Passed, adopted, and approved, upon final reading, this 22nd day of December, 1930. Ordinance No. 24-31. An Ordinance Regulating the Construction of Storage Tanks and the Installation of Oil Burning Devices and Equipment; the Storage and Use of Fuel Oil; and Prescribing a Penalty for Viola- tion Thereof. Be it Ordained by the Council of the City of Du- buque: APPLICATION, APPROVAL, FEE, PERMIT, INSPECTION. Section 1. (A) Before any person, firm or corporation shall be permitted to erect or install in any residence or other building, or upon any premises, any oil burning device or equipment for heating purposes, together with tanks or con- tainers for storage of fuel oil, such persons, firm or corporation shall first secure a permit therefor from the Plumbing Inspector of the City of Du- buque. (B) No permit shall be issued unless and until an application has been made describing the name of the -burner, name and location of manufacturer, grade of fuel oil for which burner is designed, length of time burner has been on the market. No permit shall be issued for the installation of any oil burner or equipment unless the same is listed by the Underwriters Laboratory or some other nationally recognized inspection board or labora- tory. No permit shall be issued until the applicant has furnished full and complete specifications of said approved oil burner or equipment., including size of burner and size and number of fuel oil tanks, type of heating systems, and exact location of the proposed installation. 136 137 (C) The schedule of fees chargeable and collectable, prior to the'inspection and the approv- al of oil burning equipment, shall be as follows: The cost of the permit fee for each original oil burner and necessary fuel tank or tanks shall be $3.75 for the complete installation and inspec- tion. The cost of the permit fee for each additional • oil burner, after the first burner, either as in a battery of burners or as a replacement of a burner in an existing system, shall be $ 1.00 per burner. The cost of the permit fee for each tank replacement or additional tank installation, shall be $1.00 per tank. (D) When such application has been filed with the Plumbing Inspector, said Plumbing Inspector shall investigate the piping and tank features and shall refer all electrical details of said installation to the City Electrical Inspector. When said appli- cation has been ascertained to be in conformity with this Ordinance and all City requirements, said Plumbing Inspector shall issue such permit. (E) Tank and pipe installations of oil burning equipment shall be under the jurisdiction of the Plumbing Inspector; all electrical installation of oil burning equipment shall be under the juris- diction of the Electrical Inspector. Each inspec- tor shall have the authority to enforce relative tank and pipe and wiring requirement of this ordi- nance and the Electrical Code of the City. (F) The regulations and requirements of this Ordinance do not apply to oil burning devices em- ploying a wick. (G) For the purpose of this Ordinance "Oil Burners" shall mean any device designed and ar- ranged for the purpose of burning or preparing to burn any liquid fuel and having a tank or con- tainer with a capacity for more than 20 gallons connected thereto. (H) For the purpose of this Ordinance "Oil Burning Equipment" shall consist of "Oil Burners" and all equipment connected thereto including in- ternal and external supply or storage tanks, piping, wiring, and all accessories. FUEL OILS. Section 2. Oil used for fuel under these regulations shall be topped or distilled oil having a flash point of not less than 100 degrees Fahrenheit, and such oils shall not be fed from the tank to the suction pump at a preheated tem • - perature higher than forty degrees Fahrenheit below its flash point. TANK LOCATION AND SETTING. Section 3. Storage tanks shall preferably be located outside, underground, with top of tank below the level of the burner. Where conditions are such that top of tank is above the burner, adequate approved provisions to prevent siphoning shall be provided. No storage tank for fuel oil shall be located within eight feet measured horizontally, from any fire or flame or apparatus, capable of producing flame. Inside storage, gravity and auxiliary tanks, not inclosed in concrete or masonry, shall be mounted on substantial incombustible supports, and shall be adequately secured to avoid strains on piping, and shall consist of units not in excess of 275 gallons for each tank. When located inside 138 the building, the aggregate capacity of the tanks shall not exceed 550 gallons, "and shall consist of units not in excess of 275 gallons in each tank" unless the amount over and in excess of 550 gallons is placed in an enclosure, on a firm foundation, said enclosure to have dimensions not less than six •(6) inches greater on all sides than the outside dimensions of the tank. The wall of said enclo- sure shall be carried to a height of not less than one (1) foot above the tank and the space between the tank and walls shall be completely filled with sand or well tamped earth to the top of the enclo- sure. The walls of the enclosure shall be con- structed of concrete to not less than six (6) inches in thickness, or of masonry construction of not less than eight (8) inches in thickness. Storage tank or tanks located outside of build- ings, having an aggregate capacity greater than 550 gallons, shall be buried underground with the top of the tank not less than two (2) feet below the ground surface. Where a tank cannot be entirely buried, the same shall be covered over with earth to a depth of at least two (2) feet and allowing a slope on all sides of the fill over the tank, of not less than three (3) to one (1). Gravity feed to oil burner from auxiliary tank, or storage tank of not over 275 gallons capacity may be permitted, if suitable automatic safeguards are provided to prevent abnormal discharge of oil at the burner. When more than one (1) tank is installed such tanks shall be connected with the main feed pipe line leading to the burner through a manually operated, approved, three-way valve so that no more than one tank can in any way dis- charge its contents at one time in the event of breakage of pipe line to burner. Pressure feed system to burner may be per- mitted, if suitable automatic safeguards to prevent abnormal discharge of oil at the burner are pro- vided, and if the capacity of the pressure tank does not exceed 60 gallons. Auxiliary pressure tanks shall be designed for six (6) times the maximum working pressure and shall be tested and proven tight at twice the maxi- mum working pressure; the working pressure shall not exceed 50 pounds. Pressure tanks shall be provided with a reliable pressure gauge and an automatic relief valve piped to discharge outside the building. MATERIAL AND CONSTRUCTION OF TANKS. Section 4. Tanks shall be constructed of galvan- ized steel, of open-hearth steel or wrought iron of minimum gauge (U.S. Standard) depending upon capacity as given in the table below: - Minimum Thickness Table Capacity 1 to 275 Gallons 16 gauge II 276 to 550 II 14 gauge it 551 to 1,000 II 12 gauge IT 1,001 to 4,000 II 7 gauge II 4,001 to 12,000 II 1/4 inch II 12,001 to 20,000 II 5/16 inch II 20,001 to 30,000 II 3/8 inch For tanks of 1,000 gallons and more, a toler- ance of 10% in capacity may be allowed. Underground tanks shall be thoroughly coated on the outside with tar, asphaltum or other suitable rust -resisting materials. Inside or above ground and auxiliary tanks shall be coated with a good quality of rust -resisting paint. VENTING OF TANKS. Section 5. Underground storage tanks shall be provided with an open or automatically operated galvanized iron vent pipe, without trap, and draining to the tank. Inside or above ground and auxiliary tanks shall be provided with open vent pipes. All vent pipes (to tanks) shall be of ample size to prevent abnormal pressure in case of fire or when filling, in no case to be less than 1-1/4 inch pipe size. Such vent pipes shall have the lower end ex- tended through the top into the tank for a distance of not more than one inch. Outer ends of vent pipes shall be provided with a weather-proof hood termi- nating at a point outside of building, preferably not less than three feet from any window or other building opening. All vent pipes shall extend from the tank to outside air. Vent pipes shall terminate on the out- side one foot above the level of the highest reser- voir from which the tank may be filled. FILLING PIPE. Section 6. (A) All filling pipes shall terminate outside of buildings and when in- stalled in the vicinity of any door or other building opening shall be as remote therefrom as possible so as to prevent liability of flow of oil or vapor through building openings; terminal shall be pro- vided with a metal cover or cap which may be locked. Cross connection between fill pipe and vent pipe is prohibited. In no case shall the filling pipe be less than two (2) inch. (B) Unless auxiliary tanks are filled in the same manner as storage tanks they shall be filled by pumping from storage tanks. (C) Auxiliary tanks shall be provided with an overflow connection draining to the storage tank. Overflow pipe shall be not less than one size larger than supply pipe to pump. (D) The overflow pipe of an auxiliary gravity tank shall not be provided with valves or obstruc- tions; but overflow pipe of auxiliary pressure tank shall be provided with inter -connected valves or other means for automatically venting tank when filling. OIL LEVEL INDICATING DEVICE. Section 7. No oil tank used in connection with oil burning equipment shall be equipped with a glass gauge, or any gauge the breaking of which will permit oil to. escape from the tank. A test well, or gauging device shall be installed on all tanks and shall be designed to prevent escape of oil or vapors when closed. Test wells shall not be located within buildings. The top of an outside well or gauging device shall be kept tightly closed when not in use. PUMPS. Section 8. Oil pumps used in filling auxiliary tanks from storage tank shall be of an approved type, secure against leaks, with check valves located as close to pump as possible and such pump shall be rigidly fastened in place. Automatic pumps, not an integral part of the burner, shall be provided with automatic means for preventing the continuous discharge of oil in case of breakage. PIPES. Section 9. (A) Standard full -weight wrought iron steel or brass pipe with substantial fittings or approved brass or copper tubing with approved fittings shall be used and shall be care- fully protected against mechanical injury in a man- ner satisfactory to authorities having jurisdiction. In all piping systems proper allowance shall be made for expansion and contraction, jarring and vibration. All piping shall be separated from electric wiring not enclosed in approved conduit, raceways or armored cable by some continuous and firmly fixed non-conductor creating a permanent separa- tion, as provided in the National Electrical Code. (B) Approved brass or copper tubing shall have a wall thickness of not less than .049 inches for small sizes and correspondingly heavier, where necessary. Flexible metallic tubing employed for the pur- pose of reducing the effects of jarring and vibra- tion and providing swing joints shall be of an ap- proved type and shall be installed strictly in ac- cordance with the limitations of its approval. (C) Supply pipe shall be not less than one-fourth inch in diameter iron pipe size, and when oil is pumped to burner, return pipe shall be at least the same size. - (D) Pipe connections to tanks shall be suitably reinforced and proper allowance made for expan- sion and contraction, jarring and vibration. (E) Openings for pipes through masonry walls below the ground level shall be made oil -tight and securely packed with flexible material. (F) All connections shall be made perfectly tight with well fitted joints. Unions shall be used at burners to facilitate removal. All unions shall be of approved type, having conically faced joint, obviating the use of packing or gaskets. (G) Piping shall be run as directly as possible and in the case of pumping systems, so laid that if practicable the pipes are pitched back toward the stoarage tanks without traps.. (H) Systems under pressure shall be designed for six times the working pressure and installation when complete shall be tested and proven tight at twice the maximum pressure. VALVES. Section 10. All valves shall be of an approved type. Readily accessible valves shall be provided near each burner and also close to the auxiliary tank in the pipe line to burner. Control valves shall be of approved type provided with stuffing box of liberal size, containing a removable cupped gland designed to compress the packing against the valve stem and arranged so as to facili- tate removal. All valves shall be designed to close against the supply, and to prevent withdrawal of steam by continued operation of the hand wheel. The use of packing affected by the oil or heat is prohibited. Where strainers and pumps are not a part of a burner unit shut-off valves shall be provided on both sides of any strainer which may be installed in pipe lines; in discharge and suction lines to pump; and in branch lines near burners. In sys- tems where burner, pump and strainers are 139 assembled as a unit a suitable shut-off valve shall be provided on the inlet side of the strainer. BURNERS. Section 11. Only oil burners or oil burning equipment listed by the Underwriters Laboratory or any other nationally recognized in- spection board or laboratory shall be permitted to be installed. Where automatic operation is provided by means of a room thermostat, the installation shall be equipped with an additional control to prevent ab- normal water temperature, abnormal steam pres- sure, or overheated hot air ducts. Such automatic control shall be so arranged that the same will reset itself automatically. DAMPERS. Section 12. Dampers which may entirely close the chimney uptake are prohibited. Damper area should be carefully determined in each case but in no case shall it be greater than 80% of the internal cross sectional area of the uptake. CONFLICTING ORDINANCES REPEALED. Section 13. All ordinances or parts of ordinances in conflict herewith shall be and the same are hereby repealed. PENALTY. Section 14. Any person, firm or corporation violating any of the provisions of this ordinance shall be fined not less than $ 5.00 nor more than $100.00 for each offense, or be im- prisoned for not to exceed thirty days. Passed, adopted and approved upon final reading this 7th day of December, 1931. Ordinance No. 84. An Ordinance Relating to the Numbering of Houses. Be it Ordained by the City Council of the City of Dubuque: ALL BUILDINGS MUST BE NUMBERED. Section 1. That the owner or occupant of every building within the City fronting upon any public street, alley, or avenue, shall cause the same to be numbered as hereinafter provided. Such owner or occupant shall apply to the Engineer for the number or numbers of the building of said person. That when the Engineer has assigned a number or numbers to said building, that the owner or occu- pant thereof shall have fixed on the front or main door or entrance thereof, the number or numbers of said building. SIZE OF NUMBERS REQUIRED. Section 2. Numbers upon buildings may be of metal or wood, or may be painted upon metal or glass, but in every case each number shall be at least two and one-half inches in height and of a durable and legi- ble character. NEW BUILDINGS. Section 3. All persons, firms or corporations who shall hereafter apply for a building permit shall, at the time of so doing, secure from the Engineer's office the correct number of the building for which the permit is issued and shall within ten days after such build- ings have been completed for use or occupancy place numbers upon the same. HOW ENFORCED. Section 4. It shall be the duty of the Engineer to see that the provisions of this Ordinance are enforced, and it shall be his duty to designate the number to be assigned to 140 each building, subject to the approval of the City Council if objections are made thereof. He shall have the power to require owners of buildings to place numbers thereon by serving a written notice on such owner or his agent or upon the occupant of such building, and if any person fails to comply with such notice within twenty days thereafter, he shall be deemed guilty of a misdemeanor, and upon conviction be punished by a fine of not less than one dollar ($1.00) nor more than one hundred dollars ($100.00). 1919 Revision. An Ordinance Establishing a Building Code for the City of Dubuque; Creating the Office of Building Commissioner, Fixing the Salary of Said Officer and Defining the Powers and Duties of Such Building Commissioner, and Prescribing Penal- ties for Violation therefrom. Be it enacted by the City Council of the City of Dubuque; Part I. MISCELLANEOUS PROVISIONS BUILDING CODE AND ITS OPERATION Chapter I. GENERAL PROVISIONS TITLE CITED. Section 1. The following pro- visions shall constitute the Building Code of the City of Dubuque, and may be cited as such. INTENT AND PURPOSE. Section 2. The intent and purpose of this code is to regulate the con- struction, alteration, reconstruction, removal, maintenance and equipment of buildings in the City of Dubuque, insofar as fire prevention, structural strength and danger to people and property are con- cerned. REMEDIAL ORDINANCE. Section 3. This ordinance is hereby declared to be remedial, and intended to secure the beneficial interest and purposes thereof. - CONFLICTING ORDINANCES REPEALED. Section 4. All ordinances or parts thereof, insofar as conflicting with the provisions herein contained, are hereby repealed. BUILDING AFFECTED BY THIS ORDINANCE. Section 5. Unless existing buildings, structure or uses of real estate or land, are specifically mentioned, the provisions of this code shall apply only to those hereafter erected, or reconstructed. Chapter II. SPECIFIC TERMS. Section 6. The following terms when used in this Code shall be construed to have the meaning here given them. Words used in the present tense include the future as well as the present; the singular number includes the plural and the plural the singular; the word "person" includes a corporation or co -part- nership as well as an individual; "writing" includes printing, printed, or typewritten matter. 1. Apartment House. Same as tenement house. 2. Approved. The term approved refers to a device, material or construction which has been approved by the Underwriters Laboratories, or such approval may be granted by the Building Com- missioner, as a result of tests or investigation made under his direction; or he may issue approval upon satisfactory evidence of competent and impartial tests or investigations conducted by others. 3. Approved Fire -Resistive Roofing. Roofing which shall at least meet the requirements of the test according to paragraph 2. . 4. Areaway. An open sub -surface space ad- jacent to a building for lighting or ventilating cel- lars or basements. 5. Area of a Building. The area of the horizontal cross-section at the ground level measured to the center of the party walls or fire walls, and to the outside of the other walls. 6. Basement. A story partly but not more than one-half below the level of the curb. 7. Bearing Wall. A wall which supports any load other than its own weight. 8. Bulkhead or Pent House. A structure erected on the roof of a building for the purpose of enclosing stairways to the roof, elevator machin- ery, water tanks, ventilating apparatus, exhaust chambers or other building equipment machinery and for janitor's quarters. When used only for the above mentioned purposes, such structures need not be considered in determining the height of the building. 9. Cellar. A story whose height is more than one-half below the level of the curb. It shall not be counted as a story in determining the height of a building. 10. Cement Plaster. A plaster composed of one part Portland cement, not more than three parts sand, and not more than ten percent by volume of hydrated lime, with hair or other binder when necessary. 11. Cement -Tempered Plaster. A lime or gyp- sum plaster tempered with not less than twenty (20) per cent of Portland cement. 12. Curb. Wherever the word curb refers to the height of a building or to the definition of a base- ment or cellar, it shall be construed to mean the curb level or established grade at the center of the principal front of the building fronting on one street only; in the case of a building fronting on two or more streets, the curb level at the center of the front facing on the highest curb shall be taken; un- less the highest curb is more than ten feet higher than the lowest curb, in which case the average. level of the two curbs shall be taken. Wherever the word curb refers to an excavation, the level of the curb shall be taken at the intersection • of the lot lines and the curb lines. In the case of a building fronting on two or more streets, the curb levels shall be taken on each street at the inter- section of the lot lines and the curb lines, and their relation to an adjoining building or buildings be as thoughtwo or more excavations were to be made. 13. Curtain Wall. Any exterior non-bearing wall between columns or piers, which is not sup- ported by beams or girders at each story. 14. Dead Load. The weight of the walls, fram- ing, floors, roofs, tanks with their contents, and all permanent construction. 15. Department. The Department of Building. 16. Division Wall. An interior wall in a build- ing. 17. Dwelling. A residence building, designed for or used as the home or residence of not more than two separate and distinct families. 18. Enclosure Wall. Any exterior non-bearing wall between columns or piers which is supported by beams or girders at each story. 19. Erect. To build, to assemble the parts of, and set in place. It also includes all new additions to any existing structure. 20. Existing Building. A completed building or structure, or one for which plans have been filed or permit issued, previous to the date on which this Code goes into effect. 21. Exterior Wall. Any outside wall, or vertical enclosure of a building other than a party wall. 22. Factory. A building or portion thereof, designed or used to manufacture or assemble goods, wares, or merchandise, the work being performed wholly, or principally by machinery. 23. Fibre Plaster Board. A board consisting of an intimate mixture of gypsum plaster composi- tion and a fibrous binding material. 24. Fire Door. A door, frame and sill which will successfully resist a fire for one hour in accordance with the requirements of the National Board of Fire Underwriters. 25, Fireproof. As used in this Code, except as elsewhere prescribed by test for particular types of construction, refers to materials or con- struction not combustible in a temperature of ordinary fires, and which will withstand such fires without serious impairment of their usefulness for at least one hour. 25-A. Fire -Resistive. A material which is not readily ignited by flame nor easily affected by heat. 26. Fire Shutter. A shutter which will success- fully resist a fire for one hour in accordance with test specifications given by the National Board of Fire Underwriters, and has been approved upon such test. 27. Fire Wall. A wall built for the purpose of restricting the area subject to the spread of fire. 28. Fire Windows. A window frame, sash and glazing which will successfully resist a fire for one hour in accordance with the test specifications given by the National. Board of Fire Underwriters, and has been approved upon such test. No single pane in a fire window shall exceed 720 square inches. 29. Foundation Wall. Any wall or pier built be- low the curb level or nearest tier of beams to that level, or to the average level of the ground adjoin- ing the walls, to serve as supports or walls, piers, columns, girders, posts or beams. 30. Garage. A public garage is (a) that portion of a structure in which three or more motor vehi- cles containing volatile inflammable oil in its fuel storage tank are stored, housed or kept; (b) all that portion of such structure that is separated therefrom by tight unpierced fire wallsand fire- proof floors. 31. Gypsum Block. The term "gypsum block" shall include tile or blocks composed of gypsum and not to exceed five per cent by weight of com- bustible fibre binding material or a mixture of crushed cinders and gypsum, commonly called "cinder -plaster blocks." 32. Height of Building. The vertical distance from the curb level to the top of the highest point of the roof beams in case of flat roofs, or to the average height of the gable in the case of roofs having a pitch of more than 20 degrees with a horizontal plane. When a building faces two or more streets having different grades, the measure- ment shall be taken at the middle of a facade 141 on the street having the greatest grade. When a building does not adjoin the street, the measure- ment shall be taken from the average level of the ground adjoining such building. In measuring the height of a wall the height of the parapet above the top of the roof beams shall not be included. 33. Hotel. Any building or portion thereof designed or used for supplying food or shelter to residents or guests, and containing more than fifteen sleeping rooms above the first story. 34. Incombustible. Materials or construction which will not ignite and burn when subjected to fire. 35. Length of a Building. Its greatest hori- zontal dimension. 36. Live Load. All loads other than dead loads. All partitions which are subject to removal or re -arrangement shall be considered as live load. 37. Mill construction. "Mill" construction (also called slow -burning construction) is a term applied to buildings having masonry walls and heavy timber interior construction with no con- cealed spaces. 38. Non-bearing Wall. One which supports no load other than its own weight. 39. Occupied. Shall be construed to mean occu- pied, to be occupied, or intended or designed to be occupied. 40. Office Building. One used for professional or clerical purposes, but not for manufacturing, storage or sale of goods except by sample, also excepting the first story which may be used for commercial purposes. No part of such building shall be used for living purposes except by the janitor's family. 41. Outhouses. All structures not exceeding eight feet in height, nor more than 150 square feet in area, exclusive of sheds. 42. Owner. Any person, firm or corporation owning or controlling property, and includes a duly authorized agent or attorney. Guardians, conservators or trustees shall be regarded as owner. 43. Panel or Enclosure Wall. An exterior non- bearing wall is a skeleton structure built between columns or piers and supported at each story. 44. Party Wall. A wall used or adapted for joint service between two buildings. 45. Parapet Wall. That portion of any wall which extends above the roof line and bears no load except as it may serve to support a tank. 46. Public Hallway. A hall, corridor or passageway used in common by the occupants of a building and serving as a means of communica- tion for the public between and entrance to any story of a building, and the various rooms, apart- ments or spaces in that story. 47. Reconstruction. To make alterations over $ 100.00 or to rebuild for other purpose than the present. 47-A. Ordinary Repairs. Ordinary repairs to buildings or structures or the plumbing, drainage or piping thereof may be made without notice to the Department of Building, but such repairs shall not be construed to include the removal of any stone, concrete or brick wall or any portion thereof; the removal or cutting of any beams or supports, the removal, change or closing of any staircase or the opening of any exterior wall; the alteration or re- moval of a house sewer, private sewer or drainage system or soil waste or vent pipe. 142 48. Retaining Wall. One constructed to support a body of earth or to resist lateral thrust. 49. Shed. A roofed structure, open on one or more sides, which does not exceed fifteen feet in height nor more than five hundred square feet in area. 50. Skeleton Construction. A form of building construction wherein all external and internal loads and stresses are transmitted to the founda- tions by a rigidly connected framework or metal or reinforced concrete. The enclosing walls are sup- ported by girders at each story. 51. Skylight. Any cover or enclosure placed above roof openings for the admission of light. 52. Story. That part of any building comprised between any floor and the floor or roof next above. In case any floor or the combined area of floors at any one level extends over less than 20 per cent of the horizontal area included within the outside walls at that level the same shall not be considered as a floor for the purposes of determining a story. 53. Structure. Includes the terms building, appurtenance, wall, platform, staging or flooring used for standing or seating purposes; a shed, fence, sign or billboard on public or private prop- erty or on, above or below a public highway. 54. Tenement House. Any house or building ox portion thereof, which is either rented or leased to be occupied, in whole or part, as the home or resi- dence of three or more families living independently of each other and doing their cooking upon the premises; and having a common right in yards, hallways, stairways, etc.; and includes apartment houses and all other houses so occupied. 55. Theatre. Any building or part of a building designed or used for theatrical or operatic pur- poses with accommodation for an audience of more than three hundred persons and having a permanent stage upon which movable scenery and theatrical appliances are employed, including also moving picture theatres, either with or without a stage and , having capacity as above stated. 56. Warehouse. A building or portion thereof, designed or used for the storage of goods, wares and merchandise. 57. Width of a Building. The horizontal dimen- sion next in value to the length. 58. Wired Glass. Glass not less than 1-4 inch thick enclosing a layer of wire fabric reinforcement having a mesh not larger than 7-8 inch, and the size of wire not smaller than No. 35 B. & S. Gauge. 59. Workshop. A building or room in which articles of merchandise are manufactured or re- paired wholly or principally by hand. All other material not herein designated as in- cumbustible, shall in all cases where such charac- ter of material is required by any provisions of this ordinance be approved by the Building Com- mis sioner. Part II. BUILDING DEPARTMENT Chapter I. ORGANIZATION OFFICE CREATED. Section 7. There is here- by created the office of Building Commissioner and such office is hereby charged with the duty of en- forcing the provisions of this Code. QUALIFICATIONS. Section 8. The Building Commissioner must be a person competent to carry out the intent and purpose of this Code. Only an architect, structural or civil engineer experienced in building, a general contractor, a general super- intendent of building construction, having not less than ten (10) years, experience, shall be considered competent to act as Building Commissioner. APPOINTMENT OF BUILDING COMMISSIONER AND ASSISTANTS. Section 9. As soon as possible after the adoption of this ordinance and before the same shall take effect, the City Manager of the City of Dubuque shall appoint a competent person to fill the office of Building Commissioner. This person shall hold the office of Building Commis- sioner during the pleasure of the City Manager or until his successor has been selected and quali- fied. The City Manager shall also secure suf- ficient and competent assistants to aid the Building Commissioner in the performance of his duties. SALARY AND BOND. Section 10. The Building Commissioner shall receive a salary of not less than two thousand seven hundred and fifty dollars ($2,750) per annum payable monthly which shall be in full compensation :`or all services rendered. A faithful account shall be rendered to the City Treasurer for all fees of every kind and nature, collected by the Building Commissioner. Further- more the Building Commissioner shall devote his whole time to the work of this department and shall not be in any way connected with the pro- motion or sale of any type of equipment, material or supplies. A surety bond of not less than Three Thousand Dollars ($3,000) shall be furnished to the city by the Building Commissioner. The cost of the bond to be paid by the city. The salary of the assistants to the Building Commissioner shall be commensurate with the duties performed and the bond supplied to the city shall be based upon the funds handled by these assistants. AUTHORITY OF; ALSO, SPECIAL CONDI - TIONS. Section 11. 1. Authority of. For the purpose of enforcing the provisions of this Code, or detecting violations thereof, the Building Com- missioner, and/or any Assistant Building Commis- sioner are authorized and empowered at all reason- able times to enter into and examine any building or structure, and are hereby vested with full police power and authority in the execution of their duties 2. Special Conditions. The Building Commis- sioner shall have full power to exercise his own judgment in a reasonable and proper manner and rule accordingly on all special cases in regard to any of the matters and things treated in this Code not specifically covered thereby. Chapter II. INSPECTION OF BUILDINGS SEMI-FINAL AND FINAL INSPECTIONS. Section 12. The Building Commissioner may in- spect any building from time to time as herein provided, and must make a final and semi-final inspection of all buildings, as follows; Buildings of frame and ordinary construction and private garages, not temporary buildings and sheds, shall be inspected when building is ready for lath and plaster, at which time the general contractor or other person in charge of such work shall notify the Building Commissioner, and in no case shall such lathing or plastering be done until inspection. Upon completion of such inspection, the Building Commissioner shall issue a certificate of com- pliance with provisions of this Code when ready for lath and plaster, or prescribe any changes or alterations necessary to such compliance; upon the making of such changes and alterations the certifi- cate shall be issued. After the issuance of such certificate, no structural part of said building shall be changed. Building of this and all other kinds shall be finally inspected when ready for occupancy of which fact the Building Commissioner shall be notified, and if found to be in compliance with the provisions of this Code, certificate reciting such fact shall be issued, and if not, the Building Com- missioner shall prescribe any changes or altera- tions necessary to such compliance, pending the making of which and the issuance of the certificate of compliance any occupancy of the premises or any part thereof without the written consent of the Building Commissioner shall be unlawful. MISCELLANEOUS INSPECTION. Section 13. The Building Commissioner, the Plumbing Inspec- tor and the Electrical Inspector shall make inspec- tion of all buildings both within and without the fire limits which they have reason to believe are for any reason in a dangerous or hazardous condi- tion. In case this Committee or any member of this Committee shall find violations of their respective regulations which are dangerous or hazardous to the public they shall cause such provisions to be complied with and if necessary order such building closed pending such compliance. Chapter III. ORDERS AND RULINGS OF BUILDING COMMISSIONER APPEALS AND MODIFICATIONS THEREOF NOTIFICATION TO STOP WORK. Section 14. Whenever the Building Commissioner shall find any work being done in violation of the provisions of this Code, he shall at once notify the person in direct charge of such work of such fact, and if in his judgment the occasion demands, he may order a cessation of work at once. Such notification shall be in writing, and in no case shall instructions be given to workmen or persons not in direct charge of work; provided, however, that if there be no one in immediate charge of any work, the Building Com- missioner may then order any workmen engaged therein to cease work, and shall at once serve a notice of such fact on the person employing such workmen. STOP WORK. Section 15. The Building Com- missioner may also notify any person in direct chargeofwork or other persons as provided in the preceding section to cease work whenever in his judgment any work is being prosecuted in a dangerous manner or the method of carrying it out is unnecessarily hazardous. RESUMPTION OF WORK. Section 16. In any case where in accordance with the two preceding sections a notification to cease work has been given, neither the contractor nor any other person shall resume work on any portion of such erection or reconstruction on which such notification has been given until the provisions of this ordinance have been complied with and a written order given by the Commissioner to resume this work. 143 PENALTY FOR. Section 17. Any person failing to comply with the written notification above pro- vided for, or resuming work contrary to the terms hereof, shall be deemed guilty of a misdemeanor and punished accordingly. APPEALS FROM ORDERS. Section 18. Any person feeling himself aggrieved by any special order or ruling of the Building Commissioner shall have the right to appeal from such order or ruling to a Board of Arbitration. One member of this Board to be named by the Building Commissioner, one member named by the person affected by the ' order and these two to select a third for the board. The cost of this board to be paid by the loser, the cost of this Board shall not exceed five dollars per day or fraction thereof per person for the time actually employed. EMERGENCIES. Section 19. Where a situation requires an immediate decision, that of the Build- ing Commissioner shall be final and conclusive. Chapter IV. PLANS, SPECIFICATIONS, PERMITS, FEES AND BONDS PLANS AND SPECIFICATIONS APPROVED BY THE CITY. Section 20. Before proceeding with the erection, reconstruction or renewal of any building in the City of Dubuque, the architect, contractor or owner shall submit plans and specifications of such work in duplicate to the Building Commissioner for examination and approval. Such application will be considered in the order of its filing and a certifi- cate of approval issued or refused within three working days after filing, except in case of work of a complicated or extensive character when such certificate will be issued or refused within a reasonable length of time. Permits shall be issued upon presentation of the approval certificate. DRAWINGS. Section 21. All plans and drawings shall be drawn to a scale of not less than 1-8 of an inch to the foot, on paper or cloth in ink, or by some process that will not fade or obliterate. All distances shall be accurately figured and draw- ings made explicit and complete. Any plans or drawings that do not show all necessary details to enable the Building Commissioner to intelligently inspect same shall be rejected until such necessary details are shown on drawings. Lot lines as well as building lines must be shown on plans. " APPROVAL OR REJECTION. Section 22. If such plans and specifications are in compliance with the provisions of this Code, and indicate that the erection, reconstruction or removal is to be in accordance with this Code, the Building Com- missioner shall stamp them approved, and issue certificate of approval, retaining one set of plans and specifications for his information and use. The second approved set of plans and specifica- tions to be kept on the work until the proposed work is completed and a permit of occupancy is issued. If such plans and specifications proposed do not comply with the provisions of this Code, then the Building Commissioner shall refuse a certificate and reject such plans and specifications, indicating in a written report his objections there- to. Such changes as may be required shall be made before any permit is issued. Any person feeling himself aggrieved by such objections or further requirements may apply to the City Coun- cil for a modification of any order made by the 144 Building Commissioner, in accordance with Section 18. PERMIT NECESSARY. Section 23. It shall be unlawful to proceed with the erection, reconstruc- tion or removal of any buildings or part thereof within, the City of Dubuque until the foregoing pro- visions have been complied with and a permit issued; provided, however, that nothing herein con- tained shall apply to repairs not exceeding $ 100.00 including all labor and materials and not ordinary repairs as defined by definition 47A. PLACARDS. Section 24. With each and every permit issued for buildings, the•Building Commis- sioner shall issue to the applicant a weatherproof card, properly filled out. It shall be the duty of the person or persons to whom the permit was issued to place and maintain the weatherproof card in a conspicuous place on the outside of the premises where the building is being erected, the card to be unobstructed from public view and not more than fifteen (15) feet nor less than five (5) feet above the grade level. CO-OPERATION OF POLICE AND FIRE DE- PARTMENTS. Section 25. The Police and Fire Department shall co-operate with the Building Commissioner, and any construction that comes under the Building Code not displaying such sign shall be reported by the police to the Building Com- missioner. TIME LIMIT OF PERMIT. Section 26. No per- mit shall be valid unless work be commenced there- under within sixty (60) days from date of its issue. ALTERATIONS OR ADDITIONS TO PLANS AND SPECIFICATIONS. Section 27. Any alteration of plans and specifications or addition thereto shall be submitted in the same manner and subjected to the same requirements as the original plans and specifications, and accompanied by a similar- appli- cation. The Building Commissioner may stop any work of alterations or addition to such original plans and specifications where suchchanges materially affect cost or purpose of the structure until the foregoing provisions have been complied with and a permit therefor issued. FEES. Section 28. Before a permit shall be issued, the inspection and examination fee shall be paid to the city. The following fees shall be charged; $ 100.00 or less Over $ 100.00 and not exceeding $ 200.00 Over $200.00 and not exceeding $1,000 • Over $1,000 and not exceeding $1,500. . Over $1,500 and not exceeding $2,000. . Over $2,000 and not exceeding $3,000. . Over $ 3,000 and not exceeding $5,000 . Each additional $ 1,000 above $ 5,000 and not exceeding $20,000 Each additional $1,000 above $20,000 and not exceeding $50,000 Each additional $1,000 above $50,000 Fees for billboards or signs for each 25 ft. or fraction thereof in length. . Fees for heating (New Installation) Fees for wrecking houses Fees for moving picture shows, annual Fees for film exchange, annual Fees for making trip of inspection upon receipt of notice stating a building is ready for inspection when same is not . $ 1.00 1.50 3.00 5.00 6.00 7.00 8.00 2.00 1.00 .75 2.50 2.00 3.00 5.00 10.00 1.00 Fees for moving houses per day or fraction thereof that same is on public street or alley $ 5.00 Fees for gasoline tanks (each tank) 1.00 Fees for gasoline pumps at curb (each tank) per annum 5.00 Fees for dry cleaning establishments (annual) 15.00 Fees for elevators (annual) where same are not inspected by recognized outside inspector 2.00 Fees for cutting boilers --metal in basement by use of blow torch 2.50 For alterations or additions to plans the same schedule shall apply, the value thereof being de- termined by the Building Commissioner. The Building Commissioner shall have the right to verify or correct the estimate value of any pro- posed building or structure or alteration thereof and the charges for permits shall be made upon the revised estimate of'cost. In addition to the above. fees the owner or his agent shall pay the actual cost of any tests required by the Building Commissioner, unless the owner or his agent can furnish certificates covering such tests made by some recognized authority. BOND FOR GENERAL CONTRACTORS. Section 29. Any person, firm or corporation desiring to engage in the business of general contracting in the City of Dubuque shall file with the City Clerk, to be approved by the City Council, .a surety bond in the penal sum of Three Thousand Dollars ($3,000.00) conditioned on a faithful performance of all the provisions of this Code, such surety to be a company authorized to transact business in the State of Iowa. GENERAL CONTRACTOR'S BOND DEFINED. Section 30. A general contractor shall be taken to be any person, firm or corporation employed directly by any person, firm or corporation to erect, or reconstruct any building, part or parts thereof. However, any person, firm or corporation engaged in one or more branches of building con- struction for which a surety bond is now required by ordinance, shall not be required to have an ad- ditional surety bond on account of the provisions of this ordinance. BOND FOR HEATING CONTRACTORS. Section 31. Any person, firm or corporation desiring to engage in the business of installing heating ap- paratus in building, shall first file with the City Clerk a surety bond, to be approved by the City Council, in a penal sum of One Thousand Dollars ($1,000.00) conditioned on the faithful performance of this Code. Bond shall be the same as General Contractor's Bond. Part III. MATERIALS Chapter I. QUALITY MANUFACTURER'S STANDARDS. Section 32. Materials shall be of good quality for the purpose intended, and shall conform to the trade and manu- facturer's standard, and shall be free frqm im- perfections which impair strength and durability. QUALITY AND TEST OF CONCRETE. Section 33. The concrete shall consist of a mixture of a plastic or viscous consistency and proportions of which shall depend on the conditions (for mix- ture, see particular class of work); or in such pro- portion as to reduce a maximum density. Such concrete shall develop at least a crushing strength of 2,600 pounds per square inch at 28 days when made under laboratory conditions or manufacture, the materials and consistency being practically the same as that used in the field. Test specimens shall be removed from moulds as soon as well set and stored in damp sand until tested. Concrete in the proportion of one part of cement to four and one-half parts of aggregate which may be desirable for special work such as columns, shall develop a crushing strength of not less than 2,800 pounds per square inch at 28 days and the working stress of such concrete may be increased 20 per cent over that permitted elsewhere in this part. Each test shall consist of a set of at least three duplicate specimens in the shape of cylinders with a height of double the diameter; or cubes having at least dimension of six (6) inches. Cubes shall be tested standing on bed and 75 per cent of the result- ing test of strength shall be assumed as the strength of the standard cylinder specimen 8 inches in diameter and 16 inches high. The average of the three tests shall be taken as the result for record. The smallest dimension of the test piece should be at least four times the size of the coarsest particle of stone. In addition to these preliminary tests which are necessary for the purpose of design, the Commis- sioner may require additional tests to be made upon specimens cast during construction of the building. The test specimens shall be secured at such times and in such portions of the structure as the Build- ing Commissioner may elect. This test concrete may be taken from the barrows as the concrete is being wheeled to place or from the forms after it is deposited. QUALITY OF CEMENT. Section 34. All cement used shall be Portland cement meeting the require- ments of the latest specifications of American Society for Testing Materials. QUALITY OF FINE AGGREGATE. Section 35. Fine aggregate shall consist of sand, crushed stone, or gravel screenings, passing when dry a screen having 1-4 inch diameter holes and not more than 6 per cent passing a sieve having 100 meshes per lineal inch. It shall be clean and free from quick- sand, vegetable loam, perishable organic matter, or other deleterious materials. QUALITY OF COARSE AGGREGATE. Section 36. Coarse aggregate shall consist of crushed stone or gravel which is retained on a screen•having 1-4 inch diameter holes and shall be graded in size from small to large particles. The maximum size shall be such that all the aggregate will pass through a 1 1-4 inch diameter ring. The particles shall be clean, hard, durable and free from all deleterious material. Gravel shall be free from clay or loam except such as naturally adheres to the particles. If clay or loam is in such quantities that it cannot be readily removed by dipping in water, or brushing lightly with the hand, the gravel shall be washed. When bank -run gravel is used, it should be screened 145 from the sand remixed in the proportion for fine and coarse aggregate. TESTS OF FINE AGGREGATE. Section 37. Fine aggregate shall always be tested. It shall be of such quality that mortar composed of one part Portland cement and three parts of fine aggregate by weight, when made into briquettes shall show a tensile strength at least equal to the strength of 1:3 mortar of the same consistency made with the same cement and standard Ottawa sand, and shall show a tensile strength of at least 180 lbs. per square inch at the age of 7 days. -If the aggregate be of poorer quality the proportion of cement shall be increased to secure the desired strength. QUALITY OF REINFORCEMENT. Section 38. All steel used in reinforced concrete shall meet the requirements of the current Standard Specifications for Concrete Re-inforcement bars of the American Society for Testing Materials. All reinforcements shall be free from excessive rust, scale, grease, paint or any coating which would tend to reduce or destroy the bond between the steel and the concrete. Bars shall also be free from injurious seams, slivers, flaws, and other mill defects. The weight of any lot of bars shall not vary more than 5 per cent from the standard weight of the lot as given by manufacturers' handbooks. Cold drawn steel wire made from open hearth billets of the grade of rivet steel or from Bessemer billets may be used in floor and roof slabs, column hooping, and rein- forcements for temperature and shrinkage stresses. It shall have an ultimate strength of not less than 80,000 lbs. per square inch and test specimen shall bend 180 degrees around their own diameter without fracture. CONCRETE BLOCKS. Section 39. All materials used in cement block construction shall be free from dirt and other foreign matter. Concrete blocks shall contain not less than one part of cement to fiye parts of sand, gravel or rock. If gravel or rock is used, it must pass through a one- half inch ring. INSPECTION OF BLOCKS. Section 40. To in- sure the observance of the foregoing provisions the Building Commissioner may inspect any cement block plant selling or offering for sale any blocks in the city, and he may refuse to permit the use of any blocks where such right of inspection is denied. The Building Commissioner may also take and re- move a reasonable number of blocks from any building or place of construction to make compre- hensive tests of such block or blocks. REIECTION OF BLOCKS. Section 41. Where the Building Commissioner finds any blocks not in compliance with the provisions of this Code, he shall condemn such block and may cause such fact to be evidenced by labels, stamp or other appropri- ate means. HOLLOW TILE FOUNDATIONS, QUALITY OF. Section 42. All hollow tile used in building con- struction for foundations shall be of hard vitreous nature. No soft burned tile will be allowed in a foundation whatsoever. All hollow tile shall be laid flatwise in the foundation, unless construction of webs of tile is such as to permit their being laid on edge. CEMENT BRICK. Section 43. Cement brick can be used in place of cement blocks, and shall 146 pass the same requirements as are called for under "Cement Blocks". MIXTURE OF MORTAR. Section 44. Lime Mortar. --Slacked lime mortar shall be made of one part of lime paste, and not more than four parts of sand. CEMENT MORTAR. Cement mortar shall be made of cement and sand in the proportions of one part of cement to not more than three parts of sand. CEMENT AND LIME MORTAR. Cement and lime mortar shall be one part cement, one part slacked lime, to not more than three parts of sand to each, by measure. BRICK. Section 45. 1. All bricks used in build- ings, except those used for fire stopping, shall be sound, hard -burned, or other approved brick of regular shape. Second hand brick shall be thorough- ly cleaned before being used. Not more than 15% shall be bats or broken brick. 2. Brick tested for approval shall develop an average strength of 3,000 lbs. per square inch, and no sample shall fall below 2,000 lbs. per square inch. Brick shall be tested flatwise (half bricks permitted) and the average shall be taken on at least five samples. The average allowable ab- sorption shall not exceed 15%. SAND. Section 46. Sand must be clean and sharp and coarse; free from organic matter and quick sand. STONE. Section 47. Stone must be clean and free from dust and dirt. Building stone shall be of good quality. LIME. Section 48. Lime must be burned quick lime of commerce or first quality hydrated. TIMBER. Section 49. All timber and wood beams and girders used in any building shall be of good sound material, free from rot, large or loose knots, shakes, or any imperfections whereby the strength may be impaired, and be of such size and dimensions as the purpose for which the building is intended may require. WROUGHT IRON. Section 50. All wrought iron shall be fibrous, tough and ductile, uniform in character. CAST-IRON. Section 51. Cast-iron shall be tough, grey iron, free from blowholes and -true to pattern. STEEL CASTINGS. Section 52. Steel castings shall be free from injuries and blowholes. STRUCTURAL STEEL. Section 53. Structural Steel shall have their physical and chemical proper- ties in accordance with the Manufacturer's Stand- ard Steel Specifications as found in the latest hand- books of steel manufacturers. TESTS. Section 54. The Building Commissioner may require at any time certified copies of full in- spection from recognized experts for materials used in buildings or such tests may be made in city testing laboratory. No such materials shall be con- cealed or built upon until the Building Commis- sioner, upon his request, shall have been furnished with satisfactory proof that such materials and workmanship are fully equal to the standard. Tests to be paid for by manufacturers. TESTS OF NEW SYSTEMS OF CONSTRUCTION. Section 55. When a construction engineer, contrac- tor or builder proposes new methods or principles in combining concrete, steel or other structural materials, not provided for by this Code or designs of construction in which the stresses are indeter- minate he shall furnish for record with the Build- ing Commissioner plans and specifications giving in detail the construction and calculations used in his design. He shall also prepare a sample portion of the construction and submit it to an ultimate load test in a manner satisfactory to the Building Com- missioner, or the Building Commissioner may accept satisfactory evidence that such tests had been made upon the particular system proposed. Such evidence shall comprise full detail of a test and the results shall show the deflections and other effects on the construction at all steps dur- ing the test. If the test shows that the construc- tion based on the specifications submitted has a factor of safety of four on total dead and live load, and that the design, stresses and co-efficients specified by this Code are not exceeded, and it otherwise meets the approval of the Building Com- missioner, he shall issue regulations under which such construction may bo used. No such regula- tion, however, shall have the effect of altering the working stresses and the requirements for fireproofing specified in the Code. Chapter II. STRENGTH OF MATERIALS DEAD AND LIVE LOADS. Section 56. The stresses of materials hereafter used in the con- struction of buildings or structures shall be the calculated stresses due to the dead load plus the live load. FACTORS OF SAFETY. Section 57. Where the unit stress for any material is not prescribed in this Code, the relation of the allowable unit stress to ultimate strength shall be: For metals subject to tension or transverse stress 1 to 4 Timbers 1 to 6 Natural or artificial stone, brick or stone masonry 1 to 10 Concrete 1 to 4 VIBRATORY LOADS. Section 58. Where the construction is to be subjected to vibration the factor of safety shall be increased according to conditions. WIND PRESSURE. Section 59. All buildings or parts of buildings in which the height is more than three times the minimum horizontal dimensions shall be designed to resist a horizontal wind pres- sure in any direction of 20 pounds for every square foot of exposed surface. Wind bracing shall be pro- vided by making the connection joint between girders and columns sufficient for the vertical load as well as the bending due to side pressure; or diagonal bracing shall be placed between columns, propor- tioned to transfer the shear of the side pressure to the footings. All details shall be designed to carry the stresses in the main members. The overturning moment due to wind pressure shall not exceed 50 per cent of the moment of stability of the structure, unless the structure is securely anchored to the foundation. The anchors shall be of sufficient strength to safely carry the excess overturning moment without exceeding the allowable unit stresses given in this Code. When the stress due to the wind in any member or connection amounts to less than 50%o of the total live and dead loads it may be neglected. STANDARD BOOKS. Section 60. The latest editions of the Cambria, Bethlehem or Carnegie Steel Hand Books shall be used as a basis of determining the sizes of various structural steel materials that are therein contained. BEARING CAPACITY OF SOILS. Section 61. Different soils, excluding loam, black soil and mud at the bottom of the footings, shall be deemed to safely sustain the following loads, per superficial foot; provided that the bearing strata is not less than six feet deep and if an inferior bearing soil lies below, the calculations shall be based on the lower strata. In all cases, where foundations are built in wet soil it shall be unlawful to build the same un- less trenches in which the work is being executed are kept free from running water by pumping, bail- ing or otherwise, until after the completion of work upon the foundation and until all cement has properly set. Safe Bearing Capacity Pounds per sq. foot Quick sand, alluvial soils, etc 1,500 Soft clay 2,000 Clay in thick beds, moderately dry 4,000 Clay in thick beds, always dry 8,000 Fine clean sand, dry 4,000 Sand compact and well cemented 6,000 Coarse sand and gravel 8,000 Rock 16,000 Clay and sand mixed, dry 5,000 Clay and sand mixed, wet 3,500 SAFE LOADS FOR WALLS. Section 62. following safe loads for walls shall be used maximums: The as Pounds per Square Inch Grout, Portland cement, neat 1,000 Grout, Portland cement, neat between steel in foundation not over one half inch 1,500 Concrete, Portland cement 1; sand, 2; stone, 4 500 Concrete, Portland cement 1; sand 2-1/2; stone, 5 400 Brickwork in Portland cement mortar 250 Brickwork in natural cement mortar . 208 Brickwork in lime and cement mortar 208 Brickwork in lime mortar 111 Hollow terra cotta blocks 120 Hollow concrete blocks 80 Rubble stonework in Portland cement mortar Rubble stonework in lime cement mortar Rubble stonework in lime mortar Cut stone masonry other than sandstone Sandstone masonry Granites, according to test Gneiss Limestones, according to test 700 Marbles, according to test 600 Sandstones, according to test 400 Slate 140 100 70 600 300 1,000 to 2,400 1,000 to 2,300 to 1,200 to 1,600 1,000 147 WEIGHT OF MATERIALS PER CUBIC FOOT. Section 63. In computing weight of walls the following tables shall be used as a minimum: Asphaltum 100 lbs. Brick Work. 125 11 Brick Work with paving brick 150 11 Cinder Fill 8011 Concrete 144 11 Earth (dry) 100 11 Glass 180 u Granite and Marble 170 1► Gravel (dry) 120 11 Gypsum (Hollow Tile) and (Solid Tile) See Manufacturers' Specifications. Iron 450 11 Masonry of Stone 150 11 Plastering 100 it Sand (dry) 110 H Steel 490 H Stone (Other than Granite) 160 1► Snow (dry) 10 11 Snow (wet) 50 H Terra Cotta (Solid) 100 11 Terra Cotta, Burnt Clay, Hollow Tile -- See Manufacturers' Specifications. Water 62.511 Wood (dry) - Fir, Yellow Pine, Redwood 40 H White Pine, Spruce, Hemlock 25 11 Oak 50 11 FLOOR AND ROOF LOADS. Section 64. (a) Each floor of every building shall be of sufficient strength in all its parts to bear safely the weight to be imposed thereon in additon to the weight of the floor itself. It shall safely support a minimum live load per square foot of areas as specified in the following table: Live Loads Pounds per sq. ft. Ground and Upper Lower Floors Floors Foundries, Lighting and Power Plants, Railroad Freight Depots 200 200 Warehouses, Printing and Lithographing Houses 200 150 Garages, Car Barns and Stables 120 100 Fire Houses 150 Office Buildings and Banks 120 Railway Passenger Depots 120 Factories, Workshops, Lofts, Markets, Stores and Restaurants 120 Assembly Halls, Armories, Exhibition Halls, Court Houses, Churches, The- atres, Gymnasiums,"Libraries, Museums: Floors with fixed seats 80 Floors with movable seats 100 Floors for drilling or dancing 125 Stairways 125 Lobbies and passageways 100 Schools and Colleges: Assembly halls and class rooms with mov- able seats 100 Assembly halls and class rooms with fixed seats 80 Class rooms with fixed desks 50 Corridors and passageways 100 Stairways 100 Asylums, Bath Houses, Club Houses, De- tention Buildings, Hospitals, Hotels Lodging Houses, Studios, Apartment Houses, Dormitories, Tenements: Public Rooms and assembly halls 100 Office rooms, work rooms, apartments, private rooms Halls and corridors Stairways Private Dwellings - Residences Grand Stands Sidewalks Roofs 148 (b) For structures carrying machinery such as cranes, conveyors, printing presses, etc., 50 per cent for reinforced concrete construction and at least 25 per cent for other kinds of construction shall be added to the stresses from live loads to provide for effect of impact and vibrations. , (c) Loads on Walls, Piers and Columns. Col- umns, walls, posts and piers shall be proportioned to carry the full dead load and not less than the following proportion of the live load. Roof, full live load. Top floor, 85 per cent of the live load and for each succeeding floor below, a reduction of 5 per cent less than the preceding floor, but the total deductions shall not exceed 50 per cent of the full live load on any floor. FLOOR LOAD NOTICE TO BE POSTED ON EACH FLOOR. Section 65. When the correct esti- mate of the weight that the floor in any manufactur- ing or commercial building will safely sustain has been ascertained by the Building Commissioner, the owner of said building, or any portion thereof, shall post a copy of such estimate, showing the safe load per square foot that such floor can carry. This notice shall be posted and maintained in a conspicu- ous place on each story of the building to which it relates and under no conditions shall the floors be overloaded. REQUIRED TESTS OF MATERIALS WORKING LOAD. Section 66. No concrete black in any wall shall be loaded, including all live and dead loads so as to exceed two hundred (200) pounds per square inch of their bearing members. Bearing members herein mentioned shall mean only such vertical shells or webs of the block as will rest on thorough mortar beds and stand in complete verti - cal alignment with the vertical bearing members of the adjacent blocks below. HOLLOW TILE FOUNDATIONS. Sectioh 67. Hollow tile or cement block walls for foundations can be used, provided no wall has over fifty feet in horizontal length without a cross wall or pilaster, and not over eight in vertical height and provided with the proper footing. Tile shall test 800 pounds per square inch. 75 HOLLOW TILE --SUPERSTRUCTURE. Section 75 90 68. Hollow tile may be used for the superstructure of buildings where same are plastered or otherwise 100 covered and not exposed to the elements, and they shall be of good quality, hard -burned and weighing not less than 15 pounds, --this unit being based on a tile 511x811x1211. Should the tile be exposed to the elements, then they shall be strictly vitrified or extra hard burned tile, weighing not less than 15 pounds herein mentioned. loo HOLLOW TILE --CONCENTRATED LOADS. Sec- tion 69. In all buildings to be erected or recon- structed, where hollow tile or hollow brick are used for superstructure, there shall be solid masonry under all concentrated loads where same is 7,500 pounds per square inch, or more, extending five courses below beams and girders, and eighteen inches in each direction, and three courses under 100 all slabs that rest on walls shall be solid masonry. 50 50 HOLLOW BRICK. Section 70. Hard burned 100 80 hollow brick may be used for the inside course of 100 100 walls for buildings when well bonded into solid 50 40 brick walls, and maybe included in the measure - 150 250 ment of the thickness of such walls; provided, how - 30 ever, that the strength of walls so built shall be 80 100 125 125 100 80 50 100 100 sufficient to properly support the dead and live loads they may have to sustain. CEMENT TILE. Section 71. Hollow cement tile can be used for the same purpose that cement blocks and clay tile are, and shall have an ultimate crushing strength of eight hundred pounds per square inch --gross area of tile only considered. METHOD OF TESTING. Section 72. All tests shall be made according to the established methods of testing materials as adopted by the American Society for Testing Materials. PERMISSIBLE WORKING STRESSES --POUNDS PER SQUARE INCH. Section 73. The safe carry- ing capacity of the various materials of construc- tion when not otherwise specified, shall be deter- mined by the following working stresses in pounds per square inch of sectional area: Steel and Iron --Compression in Short Blocks Pounds per Square inch High carbon 16,000 Rolled steel 16,000 Cast steel 16,000 Cast Iron 16,000 Steel pins, shop and power driven field rivets (bearing) 20,000 Steel field rivets (driven by hand) (bearing), 16,000 Steel field bolts (bearing) 12,000 Tension Rolled steel 16,000 Cast steel 16,000 Shear Steel web plates 10,000 Steel shop and power driven field rivets and pins . 10,000 Steel field rivets (driven by hand) 8,000 Steel field bolts 7,000 Cast steel 9,000 Cast iron 1,500 Extreme Fibre Stress Rolled steel beams and riveted steel beams. 16,000 Rolled steel pins, rivets and bolts 20,000 Cast iron compression side 16,000 Cast iron tension side 2,500 Shear Shearing stress involving diagonal tension in concrete, in the proportions of 1-2-4 40 Direct shear (punching shear) in concrete in the proportions of 1-2-4 120 Structural Timber The following stresses apply to seasoned timber to be kept under shelter in a dry location and de- flection not to increase with time. If the timber is to be used under other conditions, these stresses should be modified. Oak Yellow P, Grade 1 Yellow P, Grade 2 Douglas Fir Eastern Spruce 1,000 Western Hemlock 1,300 75 Norway Pine 1,000 75 L --unsupported length in inches. D --diameter or least side in inches. B ending 1,500 1,600 1,200 1,500 Compression 120 400 1,000 120 350 1,200 85 300 900 100 300 1,100 75 200 900 250 1,000 250 800 Where a moderate increase in deflection after first placement of the load is not objectionable the compression and extreme fibre stresses here given may be increased 10 per cent. Stresses for tim- bers subject to vibration and impact should not be thus increased. Except for shear, the same stresses may be used for Douglas Fir of grades 1 and 2 as for Yel- low Pine of grades 1 and 2 provided the fir is selected in a manner to insure material of corres- ponding quality. WOODEN COLUMNS: Section 74. The unit stress on timber posts having a height of more than 10 D shall be determined by the following formula: L C (1--80 D) Where C --Compressive stress of timber parallel to grain as given in table. L --Length in inches. D --Least diameter in inches. The length of a timber post shall not exceed 30 D. Timber columns shall not be used in buildings of greater height than twice the width of the build- ing nor in building s over 85 feet in height. Part IV. CLASSIFICATION OF BUILDING Chapter I. BY CONSTRUCTION Section 75. For the purpose of this Code, buildings shall be classified according to the method of construction as follows: (1) Frame Construction. (2) Non -fireproof Construction. (a) Ordinary Construction. (b) Mill Construction or Slow Burning Con- struction. (3) Fireproof Construction. FRAME CONSTRUCTION DEFINED. Section 76. A building having the exterior walls or portions thereof of wood also a building with wooden frame work veneered with brick, stone, terra cotta or concrete, or covered with plaster, stucco or sheet metal, shall be classed as a frame building. NON -FIREPROOF CONSTRUCTION. Section 77. (a) Definition: Ordinary Construction. A building having masonry walls with floors and partitions of wooden joists and stud construction, the supporting posts and girders, may be of wood or of metal pro- tected as hereafter required. (b) Mill Construction or Slow Burning. A build- ing having masonry walls and heavy timber interior construction and no concealed space. FIREPROOF CONSTRUCTION. Section 78. Definition. Buildings of masonry, steel or rein- forced concrete construction in accordance with Section 501 to 530 shall be considered fireproof. Chapter II. BY OCCUPANCY CLASSIFICATION. Section 79. All buildings shall be classified according to their occupancy or use under one of the three following groups: I. Public Buildings. II. Residence Buildings. 149 III. Business Buildings. These groups shall be further subdivided into six classes, two in each group, designated as,A, B, C, D, E, F, as follows: I. Public Buildings --Class "A" and Class "B". II. Residence Buildings --Class "C" and Class "D" III. Business Buildings --Class "E" and Class PUBLIC BUILDINGS. Section 80. Definition of. Public Buildings shall be construed to include all buildings or structures accessible to the public and in which people may congregate for civic, political, educational, religious, amusement or transporta- tion purposes or in which they may be voluntarily or forcibly detained or housed for safety, punish- ment, observation or care. Class "A". Armories, Asylums, Bath Houses with sleeping accommodations other than those required by janitor, City Halls, Colleges, Court Houses, Dance Halls, Detention Buildings, Hospi- tals, Libraries, Museums, Police Stations, Nurs- eries, Railroad Passenger Stations, Schools and Theatres. Buildings of this class shall be fireproof. Where armories, railroad stations, museums and similar buildings have large exposed roof construction the fire proofing of the structural members of these roofs may be omitted if in the opinion of the Build- ing Commissioner the construction of the remain- der of the building would reasonably warrant such omission. Class "B". Amusement Halls or Assembly Halls, Churches, Exhibition Buildings, Lodge Rooms, Public Halls. All buildings of this class shall have the floor over toilet and boiler room. of fireproof construction, and a fireproof floor is recommended in all cases. Buildings of this class over three stories or 40 feet high shall be of fireproof construction through- out, except that the church spires need not be fire- proof until they exceed 75 feet in height. (b) Grandstands. Every permanent structure in- tended for the seating or accommodation of the public commonly known as grandstands, erected within the fire limits shall be of fireproof construc- tion, except that the seats may be of wood and the structural steel work may be unprotected. RESIDENCE BUILDINGS. Section 81. (a) Defi- nition of. Residence buildings shall be construed to mean and include all buildings in which sleeping accommodations (other than for janitor or watch- man) are provided. (b) Class "C" . Apartments, Club Houses. All buildings of this class three stories in height shall have the floor over the cellar or basement which is nearest to grade level of fireproof con- struction. Buildings of this class over three stories or 40 feet high shall be of fireproof con- struction throughout. (c) Studios (with more than 14 rooms). Dormi- tories, Hotels, Lodging Houses. Buildings used and reconstructed for these purposes, no matter what height, shall be of fire- proof construction. 150 (d) Class "D." Dwellings, Tenement Houses. All other Residence Buildings not specified in Class "C". "C" Buildings of this class over three stories or 40 feet in height shall have the roof over cellar base- ment which is nearest to grade level, of fireproof construction. Buildings of this class over four stories or 55 feet high shall be of fireproof construction through- out. BUSINESS BUILDINGS. Section 82. Definition of. Business buildings shall be construed to mean and include all structures used for or adapted to the transaction of business, the operation of machin- ery, the manufacture or storage of machinery or material, the housing of live stock, or for any oth- er industrial purposes. (a) Class "E". Factories, Lofts, Office Build- ings, Printing Houses, Restaurants, Stables, Stores, Warehouses, Work -shops. Buildings of this class of ordinary construction over two stories or 30 feet high, shall have the floor over the cellar or basement of fireproof con- struction. Buildings of this class over four stories or 55 feet high, shall be of fireproof construction throughout or of mill construction. Mill constructed buildings shall not exceed 65 feet in height. (b) Class "F". Car Barns, Foundries, Light and Power Plants, Railroad Freight Stations, Ice Houses, Special Industry. Buildings not otherwise classified such as Coffee Roasters, Cold Storage, Dry Cleaning Establishments, Grain Elevators, Ice Making Machines, Laboratories, Malt Houses, Oil Houses, Oil Refineries, Refrigerating Plants, Rendering Plants, Sugar Refineries, Smoke Houses, Slaughter Houses, Varnish Works, Wharf Buildings, Garages accommodating more than three cars, or in which cars are stored on more than one floor. Buildings of this class, such as garages (as herein defined), oil houses, oil refineries, rendering plants', smoke houses, varnish works, etc., and buildings or portions of buildings which are used for the storage or handling of large quantities of combustible packing or refuse material shall be of fireproof construction. All other buildings of Class F shall be of fireproof construction if within the fire limits or if they exceed 58 feet in height. BUILDINGS USED FOR BUSINESS OR GARAGE PURPOSES ALSO. Section 83. (a) Requirements in Non -fireproof Buildings Used for Business and Residence. All ordinary construction non -fireproof build- ings of Classes C and D over two stories or 35 feet high, where the lower stories or portions there- of are used for business, and the stories above for residence purposes, shall have all partitions and ceilings, separating the business portions from the residence portions, covered with metal lath or one- half inch fibre plaster board and plastered with cement tempered plaster to a total thickness of three-quarters inch; or plaster board may be cov- ered with sheet metal. Other equivalent fireproof- ing may be used. There shall be no windows in such partitions and all other openings shall be protected by fire doors. Stairway, elevator and other shafts in such buildings shall be constructed in conformity with the requirements of this Code. Fire -stops shall also be provided at the line of the ceilings to completely cut off all communica- tion to floors above through hollow stud partitions or side walls, as required by Section 450. (b) Requirements in Non -fireproof and Frame Dwellings. When a part of Building is Used as a Private Garage. That part of the dwelling that is to house an automobile shall be separated from the rest of the house by walls, ceiling and doors of fire resistive material. Section 83-C. No private garage shall be built of frame construction in the fire district, nor shall any existing shed or structure of frame construc- tion be altered for garage purposes within said district. Iron clad or tin clad constructions will not'be allowed. All garages whether inside or out- side of fire limits shall be provided with concrete floor. REQUIREMENT IN BUSINESS BUILDING. Section 83-D. When cars or trucks are kept in the basement, that part used for such purposes shall be partitioned off by using incombustible materials on walls and ceiling. If a door is cut in partition wall, it shall be covered on both sides with sheet metal, and the floor shall be of concrete or other approved incombustible materials. Section 83-E. In all buildings newly erected and in old buildings that may be remodeled all parti- tions separating the sales room or show rooms from a garage proper, shall be of tile, brick con- crete or other non-combustible material, and all openings shall have standard fire doors constantly kept closed except when necessarily opened for passage. If office partitions and other partitions in sales rooms are carried to the ceiling, these partitions shall be fire proof where ceilings are lath and plaster. All partitions separating shop from garage proper shall be of brick tile, concrete or other non-combustible material and shall have steel fire doors constantly kept closed except when necessarily opened for passage. Chapter III. MISCELLANEOUS PROVISIONS OF THE CODE APPLICATION OF THE CODE TO BUILDINGS. Section 84. Unless special exception is made, every provision of this Code applying to any build- ing of a class shall apply to all buildings of that class. BUILDINGS NOT CLASSIFIED. Section 85. When any building is not classified, or where there is any doubt as to its classification, the Commis- sioner of Buildings shall designate under which class it shall be placed. BUILDINGS USED FOR TWO OR MORE CLASSES. Section 86. When any building is used for the purpose of two or more classes, as herein defined, that portion devoted to the occupancy or use of a particular class shall be constructed in accordance with the requirements of that class, un- less such construction shall, in the opinion of the Building Commissioner prove impracticable, or where there shall be a conflict between the require ments of the different classes, in which case the class requiring the safest form of construction shall govern the entire building. A public record of all classifications of build- ings made by the Building Commissioner shall be kept on file. Part V. PRELIMINARY WORK Chapter I. FENCING, STORAGE OF MATERIALS, PROTECTION, ETC. OCCUPYING STREETS WITH MATERIALS. Section 87. No person shall store or place mate- rials of construction in any public street or alley for use in construction, alteration or repair of a building or other structure, unless he shall have first obtained from the Building Commissioner, a written permit so to do. Such permit shall state the location and limit of the area to be so occupied (which area shall not exceed one-half of the street width between curbs), with such other conditions affecting the safety of the public as the Building Commissioner may deem desirable, and if the person to whom the permit has been issued fails to fulfill the conditions therein stated then the Build- ing Commissioner may revoke such permit until such regulations are complied with. No material shall be stored in the street at any time in such a way as to obstruct the flow of storm water in the gutters. FENCES. Section 88. - When deemed advisable by the Building Commissioner, depending on the location and when the sidewalk and street shall be used for the storage of materials for buildings to be erected or reconstructed, for one week or more, there shall be erected a solid board fence four feet high on the street sides and return sides to the property line and located at the distance allowed by the Building Commissioner in their street permit. At the street intersection, where said fence is used, there shall be no material piled more than the height of fence for a distance of twenty feet in either direction from said intersections. Erection of temporary hed, etc., is prohibited within twenty feet of street intersections. FIRE HYDRANTS. Section 89. Existing fire hydrants shall always be left easily accessible near all buildings to be erected or reconstructed, and where a fire hydrant is located on a site that neces- sitates the building of a fence, said fence shall have a gate opening direct to hydrant and shall not be kept locked. The words "Fire Hydrant" shall be painted on gate and such letters shall be not less than six inches high. At night a red lantern shall be hung on gate. COVERING OVER SIDEWALKS. Section 90. The sidewalks in front of all buildings to be erected or reconstructed must be kept clear from obstruc- tions and in a passable condition after the struc- tural part of said first story of building has been completed and such sidewalks must be covered with a solid plank roof of heavy construction, from the time such structural part of first story has been completed, and shall remain until all danger from falling materials in the construction of such build- ings no longer exists. This passageway must be at least five (5) feet wide and eight (8) feet in clear height, and must be kept properly lighted. 151 OCCUPATION OF STREETS IN FRONT ABUTTING PROPERTY. Section 91. If the con- tractor first obtains the written consent and waiver of all claims for damages against the City of the owners of the properties abutting upon the site of any proposed building and files the same with the Building Commissioner together with a bond in the penal sum of Five Thousand Dollars, conditioned upon holding the City of Dubuque harmless from any claims or cost incidental thereto, and if said bond is approved by the City Council and the City Attorney, the permission to occupy the roadway and sidewalk may be extended beyond the limits of such buildings in front of the property for which the consent of the owner or lessee thereof has been secured upon the same terms and conditions as those herein fixed for the occupation of sidewalk and street in front of the building site. EARTH OR RUBBISH NOT TO BE STORED IN STREET. Section 92. Earth or other matter taken from the excavation and rubbish taken from the buildings shall not be stored either upon the side- walks, roadways or streets, but shall be removed therefrom from day to day as rapidly as produced. When dry rubbish, apt to produce dust, is being handled it shall be kept wetted down so as to pre- vent its being blown about by the wind. OCCUPATION OF STREET TERMINATED. Section 93. Streets and sidewalks may be occupied for the purpose of building only in connection with the actual erection, repair, alteration or removal of buildings, and permission for such occupancy shall terminate with the completion of such opera- tions. It shall be unlawful to occupy any sidewalk or street after the completion of the operation for which a permit has been issued by the Building Commissioner. It shall also be unlawful to occupy a sidewalk or street under authority of such per- mit, for the storage of articles not intended for immediate use in connection with the operation for which such permit has been issued. All permits for streets and sidewalks shall be issued by the Building Commissioner. Part VI. BUILDING SPECIFICATIONS AFFECTING ALL CLASSES Chapter I. --Excavations MISCELLANEOUS PROVISIONS PROJECTION OVER BUILDING LINE. Section 94. Hereafter in all new buildings and buildings . to be reconstructed there shall be no projection, be- yond the building line on the streetsides, except for architectural features, for entrances which shall be limited to one foot, also that the base of any building may project not more than four inches. This shall not include the projection of any cornice higher than eight feet above the highest curb line. An allowance of 8 inches for wheel guards may be made if approved by the Building Commissioner. NOTICE TO ADJOINING OWNERS. Section 95. Whenever an adjacent excavation shall be carried to a depth so that adjoining walls will have to be underpinned, it shall be the duty of the general con- tractor to give adjoining property owners notice of this fact. CAVING IN OF ADJOINING PROPERTY. Sec- tion 96. All excavations for buildings shall be pro- tected by the person, persons or corporation caus- 152 ing same to be made, so as to prevent the same from becoming dangerous to life and limb, and shall be sheathed piled whenever it may be neces- sary to prevent the adjoining soil from caving in by reason of any load that may rest upon it. T.OILETS FOR WORKMEN. Section 97. At all times during the erection, reconstruction or re- newal of any building, the contractor or builder shall provide toilets for the use of the workmen If inside toilets are used, they must be connected with the sewer. SUITABLE BEARING FOR SOIL. Section 98. All excavations shall be carried down to a suitable. bearing and shall be capable of carrying safely the loads to be imposed on it. The bearing soil value shall correspond to tables under Section 61. ROCK EXCAVATION --BLASTING. Section 99. When excavating and explosives are used, extreme care shall be taken to protect the public and ad- joining property. Before each shot, men shall be stationed at various dangerous points to warn the public, and all rock to be blasted shall be thickly covered with willows and heavy timbers or other satisfactory covering. Any person or persons en- gaged in the excavating of rock shall employ a competent man who is familiar with the uses of dynamite and other explosives and who shall regu- late the shooting of all blasts. CONTRACTOR'S LIABILITY --BOND. Section 100. Any person, firm or corporation using ex- plosives shall give a bond to be approved by the City Council and the City Attorney, conditioned upon the payment of all damages caused by said excavation or use of explosives, the amount not to be less than Five Thousand Dollars. PROTECTION OF EXCAVATIONS. Section 101. All excavations within the city limits shall be properly guarded to protect the public from any accidents. Chapter II. FOOTING AND PIERS MATERIAL. Section 102. The footings for the foundation walls, piers and columns shall be con- structed of stone, plain concrete, reinforced con- crete, hard brick on interior walls, or of steel grillage beams, resting on a bed of concrete. DESIGN. Section 103. Footings shall be so designed that the loads they sustain per unit of area shall be as nearly uniform as possible and the stresses shall conform to the requirements of this Code. (The dead loads carried by the footings shall include the actual weight of the superstructure and foundations down to the bottom of the footing.) All tanks or other receptacles for liquids shall be figured as being full. All vaults or similar built- in structures shall be considered as parts of the building. The live loads on column footings shall be assumed to be the same as the live load in the lowest tier of columns. LOAD NOT TO EXCEED SOIL BEARING CAPACITY. Section 104. In no case shall the load per square foot under any portion of any footing due to the combined dead, live and wind loads ex- ceed the safe sustaining power of the soil upon which the footing rests. SIZE OF. Section 105. Concrete footing under bearing shall be not less than 12 inches thick, except as provided for frame construction. Concrete for footings shall not be leaner than 1, 3, 5. PIERS SUBSTITUTED FOR WALLS. Section 106. If the nature of the ground and the character of the building are such as to make it necessary or advisable, isolated piers may be used instead of a continuous wall to support the building. GRILLAGE BEAMS. Section 107. Grillage beams shall be united by bolts and separators and the grillage filled solid with concrete. All metal shall be entirely encased with at least four inches of concrete. PILES. Section 108. Piles shall be of wood or of concrete and set by driving or being moulded in place and they shall be spaced and safely carry the superimposed load. Driven piles must be sent to solid bearing if practical. If piles are not driven to refusal, its self sustaining power shall be deter- mined by the following formula, viz: 2W x F For drop hammers. P + 1 2W x F For steam hammers. P + 1-10 Where W equals weight of hammer in tons. Where F equals the fall in feet. Where P is the least penetration of the pile in inches under the last blow. PORCH PIERS. Section 109. All porch piers underground must be of concrete, 1:3:5 or of hard burned or vitrified brick. Above ground they can be of concrete, brick, cement blocks or hollow tile, if not too heavy load. Chapter III. FOUNDATIONS AND WALLS FOUNDATIONS --THICKNESS AND MATERIALS. Section 110. For the thickness and materials in foundations, refer to the different classes of con- struction. MIXTURE OF CONCRETE. Section 111. Where concrete is used for foundation walls, a wet mix- ture shall be used and the mixture shall not be less than a 1-3-5. CARE OF CONCRETE. Section 112. All con- crete shall be well puddled and all forms shall be built solid and to line. In hot weather concrete walls shall be wet twice daily for four days after concrete has been put in. FORMS. Section 113. Forms shall be solid and strong enough to prevent bulging. Forms can be stripped from walls in warm weather two days af- ter concrete has been poured. FREEZING WEATHER. Section 114. If at any time during the drying of the concrete the tempera- ture at the job falls below 32 degrees Fahrenheit, the forms shall not be removed without the express permission of the Building Commissioner. BACKFILLING. Section 115. After walls have become set after completion of foundation walls, the necessary backfilling shall be done. Same to be well tamped or puddled, and no rubbish will be al- lowed to be used in the filling. Chapter IV. WALLS --SUPERSTRUCTURE ENCLOSING WALLS. Section 116. Every building other than frame buildings shall be en- closed on all sides with independent or party walls of incombustible materials. This. shall not pre- clude the construction of any story supported on piers entirely open to the outer air; provided that in all such buildings the floor and the ceiling of such open story shall be protected by incombustible materials. MORTAR JOINTS. Section 117. The masonry, walls and piers of every building shall be properly and solidly bonded with mortar joints. They shall be built to a line and carried up plumb and straight. TEMPERATURE --WETTING MATERIALS. Section 118. All brick shall be thoroughly wet just previous to being laid except in freezing weather, when they shall be thoroughly dry. No masonry work of any description shall be done when the temperature is below 28 degrees Fahrenheit, on a rising temperature or 32 degrees Fahrenheit on a falling temperature at the point where the work is in progress, unless special permission is granted by the Building Commissioner. No frozen mate- rials shall be built upon, but shall be removed. CONSTRUCTION METHODS. Section 119. No wall of any building or structure shall be built more than two stories in advance of any other portions of the walls, the building or structure; this provision need not apply to buildings where walls are carried independently by girders at each floor. All walls shall be securely anchored and bonded at points where they intersect. Where walls are not built at the same. time, the perpendicular joint shall be regularly toothed with 4 inch offsets, and the joint shall be provided with anchors not less than 1-1/2 inch by 1/4 inch metal with bent up ends or cross pins three feet long extending eighteen inches on each side of the joint and spaced not more than three feet apart in height. BONDING BY HEADERS BONDS. Section 120. In brick walls every sixth course shall be a heading course, except where walls are faced with brick in flemish bond, in which case the headers of every third course shall be full brick and bonded into the backing. Where running bond is used, it shall be bonded into the backing by cutting the corners of every brick of every sixth course of the face brick and putting in a. row of diagonal headers behind the same or suitable metal anchors shall be allowed in the bonding course at intervals not exceeding three feet. Where face brick is used of a different thickness from the brick used for backing, the courses of the exterior and interior brickwork shall be brought to a level bed at intervals of not mcr e than eight courses in height of the face brick, and the face brick shall be properly tied to the backing by a full heading course of the face brick or other approved method. FACE BRICK. Section 121. Face brick shall be laid at the same time as the backing and shall in no case be laid after the backing is in place. VENEER WORK. Section 122. When walls of hollow blocks are veneered, the facing shall either be bonded to the backing with a row of headers every 16 inches or be attached to the backing with 153 approved metal wall ties bedded in the mortar joints. Such ties shall not be spaced further apart on centers than one foot vertically and two feet horizontally. Veneer buildings are limited to 251 0 1 1 in height. TIMBERS IN WALLS. Section 123. No timber except inside lintels, and nailing blocks not over 8 inches in length shall be placed in any masonry wall. MORTAR FOR WALLS. Section 124. Founda- tions, footings and parapet walls shall be laid in Portland cement and lime mortar. Other brick walls may be laid in lime, lime and cement or cement mortar. UNIFORM THICKNESS FULL STORY HEIGHT. Section 125. The walls of each story shall be built up the full thickness to the top of the beams above. Section 126. In all buildings except dwellings where brick party walls and fire walls serve as bearing walls on both sides, they shall be not less than 12 inches thick in the upper two stories, in- creasing however four inches in thickness for each two stories or fraction thereof below. Hollow blocks will not be allowed. If steel columns and girders are used to carry the load then an eight inch curtain wall shall be sufficient. INTERIOR NON-BEARING FIRE WALLS. Section 127. Fire walls shall be built of brick or reinforced concrete. In fireproof buildings, brick fire walls, supported by girders at each story, may be 12 inches thick throughout. In non - fireproof buildings, brick fire walls which do not serve as bearing walls shall be not less than 12 inches thick in the upper three stories or upper 50 feet, increasing five inches in thickness for each 50 feet increasing five inches in thickness for each two stories or fraction thereof below. No such two story increment shall exceed 30 feet in height. In frame buildings used for manufacturing or com- mercial purposes and not exceeding two stories or 30 feet in height non-bearing fire walls shall not be less than 12 inches thick. EXISTING PARTY WALLS --SKELETON CON- STRUCTION --HEIGHT INCREASED. Section 128. Where an existing party wall is to be incorporated in a new building or skeleton or curtain wall con- struction, the vertical extension of the existing party wall shall be supported entirely by columns and girders and not by the party wall below, except that such existing party wall may be extended ver- tically to the height permitted by this Code for its existing thickness, if written approval for such extension is given by the Building Commissioner. EXISTING WALLS --NARROWER THAN RE- QUIRED --HEIGHT INCREASED --THICKNESS OF. Section 129; Should it be desired to increase the height of other existing party or independent walls, which are less in thickness than required by the Code this shall be done by lining with brickwork to form a combined thickness with the old wall of not less than four inches more than the thickness re- quired for a new wall corresponding with the total height of the wall when so increased in height. Such lining shall be supported on proper foundations and carried up to such a height as the Building Commissioner may require. All linings shall be at least eight inches in thickness, laid up in cement mortar, bonded with four inches by sixteen inch brick toothing, projecting four inches into the old 154 wall at least every seven feet both horizontally and vertically, and shall be thoroughly anchored to the old brick walls with suitable wrought iron or steel anchors, placed two feet apart and proper- ly anchored into the old walls by through bolts or by expansion bolts set in cement or by other ap- proved method. The anchors shall be placed in rows, alternating vertically and horizontally with each other, the old walls being first cleaned of plaster or other coatings where any lining is to be built against the same. No wall shall be lined unless in good condition and then not until written permission so to do has been granted by the Build- ing Commissioner. NON-BEARING INTERIOR WALLS --THICKNESS OF. Section 130. The thickness of non-bearing shaft walls, may be four inches less than that of bearing walls, provided that no non-bearing wall is less than 8 inches thick, except it be of reinforced concrete. PANEL OR ENCLOSURE WALLS OF SKELETON CONSTRUCTION. Section 131. In skeleton con- struction the panel walls shall be supported by girders at each floor level, and if of brick, shall be not less than 12 inches thick, laid in cement mortar. When the vertical distance between sup- porting girders exceeds 15 feet the thickness of the wall shall be increased four inches for each 15 feet or fraction thereof that the said, vertical dis- tance exceeds 15 feet. Such walls shall be of brick, stone or gravel concrete or hard burned terra cotta. CURTAIN WALLS. Section 132. Curtain walls over three stories or 50 feet in height shall be laid in cement and lime mortar and shall be,not less than 12 inches thick for the uppermost 50 feet there- of, or nearest tier of beams to that height, and in- creased four inches for every additional section of three stories or 45 feet, or nearest tier of beams to that height. When such walls are used the foun- dation of the building shall be so designed that the load from the columns and the load of the walls are carried together. Curtain walls shall be anchored to the steel framing at each floor level, the anchors being spaced not further than six feet apart, hori- zontally. PARAPET WALLS. Section 133. All exterior or party walls over 20 feet high, except where such walls are finished as cornices, gutters or crown mouldings, excepting also the walls of detached dwellings with peaked or hipped roofs, shall be furnished with parapets. Parapet walls shall be the full thickness of the top story walls and shall pro- ject at least three feet above the roof at all points, except that on dwellings the parapets may be re- duced to two feet. All parapet walls shall be coped with approved durable material. See Section 124. BRICK, TILE OR CEMENT BLOCK WALLS, OUTSIDE FIRE LIMITS, IN PLACE OF FRAME CONSTRUCTION. Section 134. Brick or concrete walls of buildings outside the fire limits, which under this ordinance could be followed, may have a minimum thickness of eight inches. Such walls shall not exceed two stories or 30 feet in height, exclusive of gables, nor shall they exceed 55 feet in length unless properly braced by cross walls, piers or buttresses. RETAINING WALLS. Section 135. In no case shall the thickness at the bottom of masonry retaining walls be less than one-quarter the height of the wall, unless reinforced in an approved man- ner. THICKNESS GOVERNED BY FLOOR SPAN. Section 136. When the clear span of a floor is greater than 25 feet in buildings of Classes A, B, E and F and greater than 26 feet in buildings of Classes C and D, the thickness of bearing walls shall be increased four inches over that specified for that particular class of construction for every 12-1/2 feet or fraction thereof that the said span exceeds 25 feet for buildings of Classes A, B, E, and F, or 26 feet for C and D, or shall have in lieu of this increase of thickness such piers or buttres- ses as the Building Commissioner may direct. THICKNESS OF WALL GOVERNED BY VERTI- CAL OPENINGS. Section 137. If any horizontal section through a bearing wall shows more than 30 per cent area of flues and openings in a wall laid up in lime and cement mortar of 45 per cent in a wall laid up in Portland cement mortar, the said wall shall be increased a thickness of four inches for every 15 per cent or fraction thereof, for which the total area of flues and openings ex- ceeds 30 per cent or 45 per cent. The total area of openings and flues in any bearing wall shall not in any case exceed 60 per cent. This section not to apply to residences not exceeding two stories in height. THICKNESS GOVERNED BY LENGTH. Section 136. In all buildings, walls 12 inches thick and over 60 feet in length and walls 16 inches thick which are over 100 feet in length shall be four inches thicker throughout than is required by this Code unless they are properly braced by cross walls, pilasters or buttresses. THICKNESS GOVERNED BY HEIGHT. Section 138. The height of a wall between lateral supports shall not exceed 15 times its thickness unless strengthened by pilaster or cross walls, as the Building Commissioner may direct. THICKNESS GOVERNED BY RECESSES. Section 140. Recesses for stairway or elevators may be located within the required thickness of foundations or cellar walls, provided the walls are not thereby reduced to a less thickness than that required for a fourth story wall. Reinforce- ment shall be supplied where necessary to com- pensate for the diminished thickness as approved by the Building Commissioner. The brick backing of recesses for alcoves and similar spaces shall not be less than eight inches thick. AGE OF CONCRETE BLOCKS. Section 141. Concrete blocks shall not be used in construction until they have developed the required test strength. All building blocks shall be laid in Portland cement mortar. HOLLOW BLOCKS LAID HORIZONTALLY -- STRENGTH. Section 142. If a wall be built of blocks laid with the cells horizontal, which were designed to be normally laid with the cells vertical, or if band courses of such blocks with cells hori- zontal be laid in a wall otherwise built of the same blocks with the cells vertical, the carrying capac- ity of such walls shall be calculated from the strength of the blocks tested with their cells hori- zontal. ori- zontal. HOLLOW TILE. TERRA COTTA BLOCKS -- EXTERIOR PROTECTION. Section 143. Hollow terra cotta blocks in exterior walls of super struc- ture shall be either extra hard burned or be veneered with brick, architectural terra cotta or stone securely bonded and set, or the blocks shall be covered on the exposed surface with at least three-quarters inch of Portland cement stucco; such blocks shall be well scored, grooved or roughened to retain the coating. The stucco shall not be considered a part of the required thickness of the wall. When hollow block walls laid with cells vertical are decreased in thickness the blocks in the top course of the thicker openings in such top course may be covered with slabs of hard burned terra cotta or concrete at least one inch in thickness. Terra cotta, solid brick or concrete of approved size and thickness shall be placed under all floor beams and girders as bearing plates in order that the allowable working stresses shall not be ex- ceeded. SHELLS AND CUPS TO MATCH. Section 144. Building blocks shall be so laid that the shells and webs shall be superposed upon the shells or webs of the adjacent block or blocks below. BLOCKS USED AS LINTELS. Section 145. Hollow blocks when used to form lintels, which are not keyed arches, shall be reinforced with steel rods and be filled solidly with concrete. Such lintels shall be designed in accordance with the unit stresses and other requirements for reinforced concrete. TERRA COTTA BLOCKS --HEIGHT. Section 146. Except for party or fire walls hard burned terra Cotta blocks may be used for walls of skele- ton construction having a height of not exceeding four stories or 55 feet. The thickness shall be the same as required for brick walls. TERRA COTTA BLOCKS FACED WITH BRICK BONDED --SKELETON CONSTRUCTION. Terra Cotta blocks faced with brick and bonded may be used for walls of skeleton construction to a height of 200 feet, where such height is permissible. FURRED WALLS. Section 148. The inside four inches of all walls may be built of hard burned hollow brick, the dimensions of ordinary brick, properly tied and bonded into the walls. Terra cotta, concrete or gypsum tile or blocks used as lining or furring shall not be considered as form- ing part of the required thickness of any wall. HOLLOW WALLS --BONDING OF. Section 149. In all hollow walls of stone, brick or concrete the same net horizontal section shall be used as if they were solid. The parts of hollow walls shall be connected by approved ties of brick, stone or metal placed not over 24 inches apart horizontally and vertically. CHASES IN WALLS. Section 150. No pipe chases shall extend into any wall more than one- third of its required thickness. No horizontal re- cess or chase shall exceed four feet in length in any wall without express permission of the Build- ing Commissioner. No recess in a wall shall be made within a distance of six feet from any other recess in the same wall. 155 Chases shall not be permitted within the required area of any pier. Chases or recesses in walls built of hollow blocks shall not be formed by cutting of blocks or by other methods which would impair the strength of the wall. Neat fitting metal sleeves or asbestos covering shall be pro- vided around pipes at first floor level, and each chase at this level shall be filled with solid ma- sonry for the space of one foot in height. ARCHES AND LINTELS. Section 151. Open- ings for doors and windows shall have arches or lintels of masonry or metal, which shall have a bearing at each end of not less than five inches on the wall. Bearing plates shall be provided for lintels resting on walls where the span is more than six feet. Tie rods shall be used in all arches where necessary to resist the thrust. TIMBER LINTELS --WHERE PERMITTED. Section 152. On the inside of openings less than four feet in width in walls of non -fireproof build- ings in which lintels or arches may be less than the thickness of the wall to be supported, timber lintels may be used, which shall rest at each end not more than two inches on any wall and be chammered or cut to serve as center for a row lock or keyed arch. HEADERS IN STONE WALLS. Section 153. Every stone wall shall have one header extending every three feet in height and every six feet in length. Headers shall be staggered. All head- ers shall be good flat stones, not less than 12 inches wide and 8 inches thick. MORTAR JOINTS. Section 154. All stones shall be laid on their natural bed. No stone which does not bond into the wall at least six inches shall be used. THICKNESS. Section 155. Walls built of squared stone with dressed level beds shall have a thickness not less than that required for brick walls under similar conditions. RUBBLE STONE. Section 156. Walls built of rubble stone shall have such increase of thickness over that specified for squared stone walls as may be required by the Building Commissioner. Rubble stone walls shall not exceed three stories or forty feet in height. ASHLAR. Section 157. Stone or architectural terra cotta, ashlar or other approved material used for the facing of any building or structure shall be not less than three inches thick. In stone ashlar each stone shall have a reasonably uniform thick- ness, but all stones need not necessarily be the same thickness. Each block of ashlar or other ap- proved facing shall either be bonded into the back- ing or be securely anchored to the backing with metallic anchors, at least one for each 30 inches line length of course, and the backing independent of facing shall conform to the wall thickness re- quired by this Code. Where every alternate course of facing is at least eight inches thick and bonded into as part of the thickness of the wall. No wall faced with ashlar shall be less than 12 inches thick. Chapter V. ENCLOSURE WALLS FOR VERTICAL OPENINGS SHAFTS TO BE ENCLOSED --NEW BUILDINGS. Section 158. All buildings except armories, court houses, dwellings, prisons, railway stations, fire 156 houses, jails, libraries, museums, police stations and similar buildings shall have the required stair and elevator shafts separately and continuously enclosed. In fireproof buildings all stairs, plat- forms, landings and stair hallways, including the flooring, shall be of fireproof construction. OTHER SHAFTS TO BE ENCLOSED. Section 159. All interior shafts containing stairways re- quired to be enclosed and except in dwellings, all shafts, exceeding six square feet in area contain- ing elevators, escalators, hoistways, chutes, ven- tilating ducts or used for any other purpose shall be continuously enclosed with fireproof walls or partitions. SHAFT OR STAIRWAY CONNECTING ONLY TWO FLOORS. Section 160. Where an elevator, escalator or stairway connects two floors only in a building, and is required to be enclosed it shall be enclosed in the same manner as for a continu- ous shaft, except that it may be left open in one story if enclosed in the other. Such elevator or escalator shall not be included in calculations for required means of exit for more than one floor. MATERIALS --THICKNESS FOR SHAFTS. Section 161. 1. Brick. Brick or plain solid con- crete not less than eight inches in thickness for the uppermost 30 feet, increasing four inches in thickness for each lower section of 30 feet, or part thereof, or eight inches in thickness for the entire height when wholly supported at vertical intervals not exceeding 30 feet. 2. Reinforced Stone or Gravel Concrete. Reinforced stone or gravel concrete not less than eight inches in thickness for the uppermost 30 feet increasing two inches in thickness for each lower section of 30 feet or part thereof; or five inches in thickness for the entire height when braced where necessary with lateral supports or suitably sup- ported at vertical intervals not exceeding 20 feet with steel uprights. 3. Tile or Gypsum Blocks. Semi -porous or porous terra cotta tile, or solid gypsum blocks not less than four inches in thickness for the entire height when supported at vertical intervals not ex- ceeding 20 feet, and securely anchored by steel reinforcement encased in the construction. 4. Other Materials. Any material and form of construction which may be approved by the Build- ing Commissioner after a fire and water test as required by the National Board of Fire Under- writers, but no such partition shall be less than four inches thick, excepting metal lath and studs and cement plaster, which may be two inches thick, when metal studs are used; 2x4 wood studs may be substituted. 5. Partition Bearing Loads. Enclosure parti- tions supporting floor loads shall be of materials and thickness required for bearing walls. 6. Requirements of Concrete. Concrete walls or partitions shall conform to the requirements of the sections on concrete construction. ENCLOSURES NOT EXTENDING THROUGH ROOF --FIREPROOF BUILDING. Section 162. The bottom of such enclosure and the top, when not ex- tended through the roof, shall be of fireproof mate- rial, not less than four inches in thickness. ENCLOSURES EXTENDING THROUGH ROOF -- FIREPROOF BUILDING. Section 163. When small shafts extend through the top story, they shall con- tinue through the roof, except as otherwise pro- vided for, and shall project not less than six inches above the roof surface. All such shafts shall be enclosed above the roof by at least five inches of brick, or stone concrete. PROTECTION OF STEEL. Section 164. All steel used to support shaft enclosures, as required in this section, shall so far as possible be embedded in the fireproofing material and shall be protected on all sides, in the manner required for steel in fireproof buildings. MACHINERY COMPARTMENT FIREPROOF. Section 165. When the compartment that contains the machinery for operating an elevator communi- cates with an elevator shaft, it shall be enclosed with fireproof partitions as required for the shaft. STAIRWAY AND ELEVATOR IN THE SAME SHAFT. Section 166. A stairway and elevator shall be permitted within the same shaft enclosure. SHAFTS IN NON -FIREPROOF BUILDINGS. Section 167. In non -fireproof buildings of ordinary construction, all shafts, defined in Sections 158 and 159 shall be constructed as specified in those sections. Except as herein provided and except that the enclosing walls or partitions may be of semi -porous terra cotta, or of solid gypsum blocks, not less than five inches in thickness or four inches of reinforced concrete. The thickness of new ma- terial permitted shall be not less than four inches. Such partitions shall be supported by steel struc- tural framework at intervals not exceeding 20 feet. DUMBWAITERS. Section 168. Dumbwaiters and other small shafts shall be constructed the same as required in Section 161 except as pro- vided in Section 169. SHAFTS EXTENDING THROUGH ROOF--NON- FIREPROOF. Section 169. Every shaft in a non - fireproof building that extends through the top floor shall continue through the roof and at least three feet above it. In all other respects, shafts in non - fireproof buildings of ordinary construction shall conform to the requirements of Section 167. FIRE STOPS REQUIRED. Section 170. When such partitions rest upon timber construction they shall be fire -stopped with incombustible material the full depth of the floor beams at each floor level. Chapter VI. PROTECTION OF OPENINGS IN VARIOUS WALLS FIRE AND PARTY WALLS. Section 171. In buildings hereafter erected which are used or in- tended to be used for business purposes, hotels and rooming houses, where the same are three stories in height or over, all openings in the outside walls thereof, where such walls are exposed to danger from fire from adjoining or adjacent buildings shall be protected with steel sash and wire glass or fire shutters. OPENINGS USED AS EXITS. Section 172. If an opening in a fire wall is made to serve as an emer- gency or horizontal exit, and is included in the calculations for exits, it shall not exceed 48 square feet in area, and a self-closing fire door shall be substituted for one of the automatic fire doors. The automatic door shall be controlled by an ap- proved automatic door release on each side of the wall. OPENINGS IN ALL'SHAFT ENCLOSURES. Section 173. All door openings into shafts shall be protected by fire doors and shall be self-closing except for elevator doors. No glass shall be per- mitted in such doors except when doors in elevator shafts open upon an enclosed hallway, a wired glass pane not exceeding two square feet may be pro- vided in each door. Care shall be exercised to in- sure that all such doors shall fit the opening as closely as practicable. DOUBLE FIRE DOORS REQUIRED. Section 174. When three or more buildings used for stores, factories or warehouses communicate by openings through separating fire walls, the openings shall be protected by double fire doors. UNPROTECTED WINDOWS --DISTANCE BE- TWEEN LINTELS. Section 175. In business build- ings over four stories or 55 feet in height, the windows which are not fire windows, shall have a distance of at least three feet between the to of a window sill and the bottom of the lintel of a window directly beneath. No such window shall be arranged to open within one foot of the ceiling surface, but the wall construction between the window opening and the ceiling may, if desired, be replaced by a fire window in fixed sash and frame. Chapter VII. CHIMNEY CONSTRUCTION MATERIALS MADE OF AND HEIGHT ABOVE ROOF. Section 180. All chimneys hereafter erected shall be of brick or stone, reinforced con- crete or other approved incombustible materials. No chimney shall be built on brackets. All chim- neys must start from the foundation, and be carried from the ground to at least two feet above the high- est point of the roof, have a soot cleanout, and be lined all the way with terra cotta flue lining. They shall be properly capped with terra cotta, stone, cast iron or concrete. All chimneys, excepting 0 when concrete, shall be built of hard brick from a point 18 inches below roof to top of chimney. All walls shall be at least four inches thick exclusive of lining. Bricks shall not be set on edge. "Transite pipe, or equal may be used as chim- neys for all gas -burning heating units by extending same from top of said heating units to a point two feet above the point of the roof from which the flue issues." MULTIPLE FLUES. Section 181. Where two or more smoke flues are contained in the same chim- ney, the walls between the several flues shall be not less than four inches thick. The walls of stone smoke flues shall be four inches thicker than re- quired for brick or reinforced concrete. No smoke flues shall have smoke pipe connections in more than two stories of a building. AREA OF FLUE AND FLUE LINING. Section 182. Every smoke flue contained in a chimney hereafter erected shall have an area of at least sixty-four (64) square inches. The flue lining shall start from the bottom of the flue, or from the throat of the fireplace if the flue starts from a fireplace, and shall be carried up continuously the 157 entire height of the flue. All such lining tile shall be laid in cement mortar and the tile shall be built in as the flues are carried up. CORBELING AND FRAMING AROUND. Section 183. In no case shall a chimney be corbeled more than eight inches from the wall, and such corbeling shall consist of at least five courses of brick. Piers which support chimneys shall start from the foundation on the same line with the chimney breast. They shall be not less than 12 inches on the face and shall be properly bonded into the walls. No combustible framing or sheathing shall be placed within one inch of any smoke flue or chim- ney breast. Chimney must be run up plumb except for permissible corbeling of eight inches. FLUES FOR HIGH PRESSURE SYSTEMS. Section 184. The smoke flue of every high pressure steam boiler and every appliance producing a cor- responding temperature in the smoke flue shall, if built with brick, stone, reinforced concrete or other approved masonry be lined on all sides with not less than four inches of fire brick laid in fire mortar from a point three feet below until at least twenty-five feet above the point where the smoke connection of the boiler enters the flue. INTERIOR METAL STACKS. Section 185. In- terior vertical smoke stacks or flues for steam boilers or other furnaces and similar heating de- vices producing a corresponding temperature may be of metal not less than No. 10 U.S. gauge, proper- ly riveted, jointed and braced at intervals of at least twenty feet. Such stacks shall be enclosed by approved masonry walls not less than eight inches thick with an air space of at least four inches between lining and wall. EXTERIOR METAL STACKS. Section 186. Exterior metal smoke flues for boilers, large cook- ing ranges and similar heating devices shall be of approved construction and supported on approved masonry foundations, and shall have a clearance of at least four inches from the outside wall. Such flues having an area not exceeding 255 square inches shall be constructed of not less than No. 16 U.S. gauge metal; if the area exceeds 255 square inches, the thickness of the metal shall be not less than No. 10 U.S. gauge. CHIMNEYS ON LEAN-TOS. Section 187. Chimneys within city limits on lean-tos of present structures and structures to be erected where they are lower than the main roof and are con- sidered dangerous to fire, shall be raised to a point of two feet six inches above the main roof either by raising the brickwork or by galvanized iron smoke pipe. HEIGHT OF CHIMNEY ON BLAST FURNACES, ETC. Section 188. Chimneys of cupola furnaces, blast furnaces and similar devices shall extend at least ten feet above the highest point of any roof within radius of 50 feet and no woodwork shall be within 3 feet of any part of such device of its chim- ney. FLUE -HOLE COVERS. Section 189. All flue - holes when not in use shall be closed with tight fitting metal covers. FRAMING AROUND FIREPLACES AND HEARTH CONSTRUCTION. Section 190. All fireplaces and chimney breasts where mantels are placed, whether intended for ordinary fireplace use or not, shall 158 have trimmer arches or other approved fireproof construction supporting hearths. The arches and hearths shall be at least 20 inches in width, measured from the face of the chimney breast. The arches shall be of brick, stone, terra cotta or reinforced concrete of approved thickness. TRIMMER ARCH --HEARTH. Section 191. The trimmer arch and the length of the hearth shall be not less than the width of the chimney breast. The hearth shall be of brick, stone, tile or other approved fireproof material. MISCELLANEOUS PROVISIONS AS TO FIRE- PLACES. Section 192. No coal burning heater shall be placed in a fireplace which does not con- form to the foregoing requirements and have an incombustible mantel. No wood mantel or other woodwork shall be placed within eight inches of the side nor within twelve inches of the top of the opening of any fireplace. No combustible summer piece or fire -board shall be used in connection with any open fireplace. The firebacks of all fireplaces shall be of solid masonry, not less than eight inches, the inside face of which must be of fire brick. Chapter VIII. STEEL AND IRON STRUCTURAL STEEL AND IRON TESTS. Section 193. 1. Wrought and Cast. All wrought and cast structural steel and iron shall conform to the requirements of the current Standard Speci- fications of the American Society for Testing Materials. 2. Rivet Steel. Rivet steel shall have an ulti- mate strength of 46,000 to 56,000 pounds per square inch. 3. Other Steel. All other structural steel shall show an ultimate strength of 55,000 to 65,000 pounds per square inch. THICKNESS IN ROLLED STEEL COLUMNS. Section 194. No rolled steel column shall contain material whether in the body of the column or used as latticed bar or stay plate of less thickness than 1/4 inch. ALLOWABLE STRESSES --COLUMNS AND STRUTS. Section 195. (a) The allowable compres- sive stresses in pounds per square inch in any column or strut shall be determined by the follow- ing formulae: -- L. Steel 16,000-70 R Wrought Iron 12,000-60-1-1'L Cast Iron 10,000-60 R. Where L=Length in inches, R=least radius of gyration in inches. (b) For steel columns filled with an encased in concrete extending at least three inches beyond the outer edge of the steel where the steel is cal- culated to carry the entire live and dead load, the allowable stress in pounds per square inch shall be calculated by the following formula: 18,000-70 L but shall not exceed 16,000 pounds. R (c) For steel" columns filled with but not en- cased in concrete, the steel shall be calculated to carry the entire load. In this case the above formula may be used, but the allowable stress shall not exceed 14,000 pounds per square inch. (d) Stresses due to eccentric loading shall be provided for in all compressive members. (e) The length of rolled steel compressive mem- bers shall not exceed 120 times the least radius of gyration, but the limiting length of struts for wind bracing only may be 150 times the least radius of gyration. The limiting length for cast iron columns shall be 70 times the least radius of gyration. (f) Cast iron columns shall not be used in build- ings of greater height than twice the least width or in buildings over 100 feet high. THICKNESS IN BUILT UP COLUMNS. Section 196. In steel columns built up of a web plate and angles and having an unsupported length greater than sixty times the least radius of gyration the thickness of metal in the angles shall be not less than one twelfth the width of the outstanding legs of the angles. PITCH OF RIVETS IN COLUMNS. Section 197. The pitch of rivets at the ends of built up columns shall not exceed four diameters of the rivets for a length equal to twice the greatest lateral dimen- sion of the column. COLUMN SPLICES AND COMPRESSION JOINTS. Section 198: All splices in columns and all other compression joints depending on contact bearings shall have ends of all abutting shapes milled. In all places where column splices occur at any other points than directly above beams or girders, and that such girders or beams frame into the column in such a manner as to support the column from bending in either direction, the column splices shall be such that the moment of inertia of the splice will not be less than the moment of inertia required for the column when the sections of the columns to be spliced are such that splice plates cannot be used, a connection formed of plates and angles designed to properly distribute the stress may be used. FILLING PLATES. Section 199. Where any part of the Section of Column projects beyond that of the column above the difference shall be made up by filling plates secured to the column by the proper number of rivets. GIRDERS, FLANGE AREA AND UNIT STRESSES. Section 200. Plate girders shall be proportioned either by their moment of inertia of their net sections, or by assuming that the flanges are concentrated at their centers of gravity and a unit stress used such that the extreme fibre stress does not exceed 16,000 pounds per square inch net section. The gross section of the compression flange of plate girders shall not be less than the gross section of the tension flange nor shall the stress per square inch in the compression flange of any beam or girder of a longer length than 25 times its width exceed. L 20,000-160 3.-T L is unsupported distance and B is width of flange. STEEL GIRDERS AND BEAMS --WEB THICKNESS AND STIFFENERS. Section 201. The thickness of the web in built up girders shall be not less than one one -hundred and twentieth of the distance between the flange angles or stiffeners nor less than 1/4 inch. The flange or plate girders shall be connected to the web with a sufficient number of rivets to transfer the total shear at any point in a distance equal to the effective depth of the girder at that point combined with any load that is applied direct- ly on the flanges. Webs of plate girders shall be provided with stiffeners, generally in pairs over all bearing points, at ends, and under all points of concen- trated loads and elsewhere, where required by the following: D=60 t 10,000 S D is distance between stiffeners. T is thickness of web in inches. S is unit shear of net section. However no stiffeners shall be placed farther apart than the depth of the web plate with a maxi- mum limit of six feet. PROTECTION OF STRUCTURAL METAL AGAINST CORROSION --CLEANING AND PAINT- ING. Section 202. All metal structural work shall be cleaned of all scales, dirt and rust and where not to be encased in concrete to be given one coat of paint at the shop, completely covering all ex- posed surfaces. After erection all such work shall be painted with at least one additional coat of a shade different from the first coat. The first coat of paint shall be made of pigments which shall be chemically inert, after application and shall be mixed with linseed or other drying oil. The amount of volatile matter shall be sufficient for easy spreading and shall not injure the film of paint. The paint must dry sufficiently hard within 24 hours so that it will not rub off or abrade easily. When the steel reaches the job, all abraded or injured portions must be thoroughtly re -coated with the same material as the shop coat before the secohd coat is applied. The second coat of paint- shall be such that will not act as a solvent of the first coat and shall be mixed with pigment which shall be inert after application and the vehicle shall be one that will not saponify under the action of cement mortar. PAINTING RIVETED WORK. Section 203. Sur- faces of riveted work which come in contact with each other shall be painted with two coats of paint before assembling. PROTECTION AGAINST DAMPNESS OR WATER. Section 204. All iron or steel used in damp loca- tions or under water shall be embedded in Portland cement concrete. No paint shall be applied to the steel surfaces which are to be encased in concrete. INACCESSIBLE WORK --CONCRETE REQUIRED. Section 205. Any structural steel work which may be so placed as to be inaccessible for inspection after erection, shall be thoroughly cleaned of all rust and encased in Portland cement concrete be- fore it is rendered inaccessible. PROTECTION OF METAL STRUCTURAL MEM- BERS IN NON -FIREPROOF BUILDINGS. Section 159 206. Steel girders and steel or iron columns which support masonry walls, other than those facing upon a street, shall be protected by at least two inches of fire proofing of the same material and applied in the same manner specified in Section 260 following; or by two inches of metal lath and cement plaster, the latter being applied in two lay- ers with an air space between them. RIVETING, WHERE REQUIRED. Section 207. All component parts of built up columns, girders and trusses shall be riveted. All column connec- tions in buildings over four stories in height shall be riveted. Riveting shall also be used in column splices, in web and flange splices of girders and trusses, and in all connections of beams and gird- ers to columns. DRIVING AND PITCH OF RIVETS. Section 208. All shop rivets, whenever practicable, shall be• machine driven. The pitch of rivets shall never be less than three diameters of the rivet, nor more than six inches. In the direction of the stress it shall not exceed sixteen times the least thickness of the outside member. At right angles to the stress it shall not exceed thirty-two times the least thickness of the outside member. RIVET HOLES AND RIVET HEADS. Section 209. Rivets shall filltthe holes completely, the, heads shall be hemispherical and concentric with the axis of the rivet, the length between heads shall not exceed five times the diameter. RIVETS USED IN CERTAIN OUTSIDE WORK. Section 210. In the construction of exterior stairs, landings, platforms and balconies no rivet shall be less than three-eighths inch in diameter, and no bolt less than one-half inch in diameter. BOLTS PERMITTED --WHEN. Section 211. If satisfactory to the Building Commissioner, splices in columns need not be riveted but bolts may be used. In buildings of six stories or less in height constructed with load bearing walls reamed holes and turned steel tapered bolts may be used in place of rivets but such holes must be accurately fitted. BOLTS --MATERIAL AND THREADS. Section 212. Where riveting is not required, connections may be made by bolts which shall be of wrought iron or mild steel with United States standard threads. The threads shall be full and clean, the nut shall be truly concentric with the bolt, and the thread shall be of sufficient length to allow the nut to be screwed up tight. BOLTS USED IN TENSION. Section 213. When bolts are used in tension, the working stresses shall be reduced to 7,000 pounds per square inch for wrought iron, and the load shall be transmitted into the head or nut by washers distributing the pressure evenly over the entire surface of the same. Chapter IX. REINFORCED CONCRETE. GENERAL CONDITIONS AND SPECIAL TYPES OF CONSTRUCTION. MISCELLANEOUS GENERAL CONDITIONS REINFORCED CONCRETE DEFINED. Section 214. Reinforced concrete is a combination of steel imbedded in concrete to form a structure so that the two materials assist each other to carry all stresses imposed. 160 DETAILED PLANS. Section 215. Sketches showing methods of reinforcing, size of steel, loca- tion of rods and size of beams, columns, girders and slabs must be submitted to the Building Com- missioner when the building plans are submitted to him for approval. Detailed plans must be submit- ted before this part of work commences. COMPUTATIONS. Section 216. Complete com- putations of interior and wall panels and such other portions of the building as may be required by the Building Commissioner shall be left in the office of the Building Commissioner when plans are pre- sented for approval. WALLS AND OPENINGS SPANNED BY GIRDERS. Section 217. Girders or beams shall be con- structed under walls and around large openings and to carry concentrated loads. OPENINGS IN FLOORS. Section 218. After floors are constructed no openings greater than four square feet shall be cut through them unless suitable metal framing or reinforcing is provided around the openings. After pipes or conduits are in place all openings then shall be filled in solidly with fireproofing material unless approved close fitting individual sleeves are provided. EFFECTIVE SPAN. Section 219. In computing the bending moments the effective span shall be taken as the distance from center to center of the supports. LOAD. (a) DEAD LOADS. Section 220. The dead load consists of the actual weight of the per- manent structure and the fixed loads. (b) LIVE LOADS. The live loads shall consist of all variable loads other than the dead loads. For structures carrying machinery, such as cranes, conveyors, printing presses, etc., 25 per cent shall be added to the stresses from such live loads to provide for the effects of impact and vibra- tion. (c) ECCENTRIC LOADING. Provisions shall be made for stresses due to eccentric loading and the algebraic sum of unit stress. Members subjected to alternating stresses shall be designed to resist the maximum for each stress. (d) PERMISSIBLE REDUCTION OF LIVE LOADS. For the purpose of calculating the total load to be carried on the columns in buildings the following reductions of live loads shall be allowed --commenc- ing at the roof a reduction of 15 per cent of the total live load shall be allowed and an increased reduc- tion of 5 per cent on each floor below will be al- lowed until reduction amounts to 50 per cent. No reduction shall be allowed for computing floor slabs or secondary beams. A reduction of 15 per cent of live load shall be allowed in figuring the main girders and beams. (e) CONCENTRATED LOADS. In case of con- centrated or special loads the calculations shall be based on the maximum effect of loading. (f) VIBRATING LOADS. See Section 58, and also (b) this Section. GENERAL ASSUMPTIONS. Section 221. Rein- forced concrete beams, slabs and girders shall be designed in accordance with the following assump- tions and requirements: (a) The ratio of the modulii of elasticity of steel and concrete of a crushing strength of 2,600 pounds per square inch at twenty-eight (28) days shall be assumed to be 15, for calculating deflections the value shall be assumed to be eight. (b) The strain on any fibre is directly propor- tionate to its distances from the neutral axis. (c) The modulus of elasticity of concrete in compression with the limits of working stresses is constant. (d) The tensile stress in the concrete shall be neglected, except to calculate deflections. (e) The bond between the concrete and rein- forcement is sufficient to make the two materials act together. (f) Initial stress in the reinforcement due to contraction or expansionin the concrete shall be neglected. (g) The steel shall take all direct tensile stres- ses. (h) Calculations shall be made with reference to working stresses and safe loads. MODULUS OF ELASTICITY. Section 222. The ratio of modulus of elasticity of concrete and steel for a 1-2-4 mixture is 1 to 15. TESTS OF FLOOR PANELS. Section 223. The Building Commissioner may choose anyone or two adjacent panels in any one or more floors in the buildings for the purpose of ascertaining the char- acter of the workmanship. The test shall not be made sooner than the time required for the cement to set thoroughly, nor less than six weeks after the concrete has been poured. All deflections under test load shall be taken at the center of the slab, and shall be measured from the normal unloaded position of the slab. The panels selected shall be uniformly loaded over their entire area with a load equal to the dead load plus twice the live load, thus obtaining twice the total design load. The load shall remain in place not less than twenty-four hours. If the total deflec- tion in the center of the panel under the test load does not exceed one eight -hundredth of the panel length the slab may be placarded to carry the full design live load. If it exceeds this amount of deflection and recovers not less than eighty per cent of the total deflection within seven days after the load is removed, the slab may be placarded to carry the full design live load. If the deflection exceeds the allowable amount above specified, and the recovery is less than 80 per cent in seven days after the removal of the test load, other tests shall be made on the same or other panels, the re- sults of which will determine the amount of live load the slabs will be permitted to carry. CONCRETE. GENERAL CONDITIONS STRESSES. (a) COMPRESSIVE STRENGTH. Section 224. The concrete must resist a crushing strength of 2,600 pounds per square inch after hardening twenty-eight days. No rock larger than will pass through a one -inch ring will be al- lowed in any reinforced concrete, except walls over two feet thick. (b) TENSILE STRESS. Disregarded. (c) SHEARING STRESS. When diagonal tension is not resisted by steel --40 pounds per square inch. (d) When web reinforcement is proportional to resist 2-3 of external vertical shear --120 pounds per square inch. MIXTURE. Section 225. The mixture of con- crete for reinforced concrete structures shall be one part of cement to six parts of aggregate; if crushed rock is used, the proportion shall be not less than one part cement, two parts sand, four parts crushed rock. If gravel is used, the propor- tion shall be one part cement to two parts sand and four parts gravel, and the gravel shall be properly graded. CONCRETE --MACHINE MIXED. Section 226. All concrete shall be mixed in a mechanical mixer, except when limited quantities are required, or when the conditions of the work make hand mixing preferable. PLACING CONCRETE. Section 227. In filling concrete around reinforced steel, the concrete must be worked continuously with suitable tools as it is put in place. Filling the forms and puddling afterwards will not be permitted. In placing the concrete, the work shall be so laid out that partly set cement will not be subject to shocks from men wheeling or handling material over it. The concrete for all reinforced work shall be mixed with water to a point where the aggregate is held in suspension, and not to the point where the material will sepa- rate, and shall run freely around the reinforcing steel. All columns shall be poured ten hours before floor, and shall be filled to bottom side of girders. All beams and girders shall be poured at the same time of slab unless it has been so designed that girders and beams shall carry the full load not in- cluding the thickness of the slab. When stopping work, it shall be stopped at center of slab or girder and cut off square at right angles to it, and before recommencing to concrete, same shall be given a good cement wash. RETEMPERING PROHIBITED. Section 228. Retempering mortar or concrete, that is remixing with water after it has been partially set, shall not be permitted. COLUMN FOOTINGS. Section 229. Column footings shall be cast to their full depth and area without interruption. FREEZING WEATHER. Section 230. When con- crete work is carried on in freezing weather, the material must be heated, and such provision, made that the concrete can be put in place without freez- ing. The use of frozen, lumpy sand or stone, de- pending on hot water used in mixing to thaw it out will not be permitted. All concrete shall be kept at a temperature above freezing for one week after being put in place. FREEZING WEATHER PROTECTION. Section 231. In freezing weather all materials used in mak- ing concrete, particularly the coarse aggregate, shall be heated and precautions shall be taken to prevent the concrete freezing while being deposited; and thereafter it shall be kept above 40 degrees until the concrete has obtained its final set, but such period shall be not less than 72 hours. CONCRETE IN HOT WEATHER. Section 232. Concrete laid in hot weather shall be drenched with 161 water twice daily, Sunday included, during the first week after being put in place. PREVENTION OF RAPID DRYING. Section 233. When fresh concrete is exposed to rapid drying conditions, precautions shall be taken to keep it moist for a period of at least seven days after being deposited. Where practical this shall be done by a covering of wet sand, burlap or some other equally effective method. Thorough wetting twice a day is recommended. FORM WORK --CONSTRUCTION OF. Section 234. All form work shall be designed to carry the load of the wet concrete without any deflection, and shall be properly shored up and sway braced. Forms shall be tight and no joints or cracks will be allowed where the grout can leak through. All forms shall be well wetted down before concrete is placed. The sides of girder and beam forms may be removed at the expiration of six days after pouring. If ample shores are used to carry the full weight of the floor, column forms may be removed as soon as the concrete has set up hard, provided that the said forms shall not be removed within forty-eight hours after pouring. For columns, an opening shall be left at the bot- tom of the form, for cleaning and adjusting the steel. steel. The opening is not to be closed until the column is to be poured. The forms shall be thoroughly cleaned immediately before the concrete is poured and all chips, ice and other foreign mat- ter removed. REMOVAL OF FORMS. Section 235. The time for the removal of forms shall always be subject to approval by the Building Commissioner. REMOVAL OF FORMS --METHOD OF. Section 236. Inno case shall the prop and shores and bot- tom used in reinforced concrete construction be re- moved from under beams or girders within two weeks; the time shall depend on the weather. Before removing the shores under any beams or girders the column supporting it shall be stripped, so that the column may be examined on all sides. JOINTS. Section 237. Construction joints shall be avoided wherever practicable, but when they are necessary, they shall be located at such sections as will least affect the structural strength and shall be made at right angles to the direction of principal compressive stress. In members of floor systems, joints shall be made within the middle third of the span where practicable. In columns, joints shall only be permitted at the bottom face of the lowest connecting floor members. Temperature changes and shrinkage during setting necessitate joints in independent walls at intervals of 50 to 60 feet when not otherwise provided for by effective reinforce- ment. CEMENT FINISH. Section 238. The cement finish added to the top of slabs, beams or girders shall not be calculated in the strength of a member unless laid integrally with the rough concrete. No greater unit stress shall be allowed in such cement finish than on the rough concrete. 162 REINFORCING STEEL -GENERAL CONDITIONS UNIT STRESSES. Section 239. (a) Compressive Stress: In ratio of modulii of elasticity of steel to concrete. See Section 222. (b) Tensile Stress: Low Carbon 16,000 lbs. per sq. in. High Carbon 18,000 lbs. per sq. in. (c) Shearing Stress 10,000 lbs. per sq. in. (d) Bonding Stress: Plain, Low Carbon.. . . 80 lbs. per sq. in. High Carbon 50 lbs. per sq. in. Deformed 100 lbs. per sq. in. DISTANCE OF STEEL FROM SURFACE. Section 240. For slabs, steel shall be at least one half inch from bottom. For girders, steel shall be at least one inch from bottom. For columns, steel shall be at least one and one-half inches from sides. BENDING OF RODS. Section 241. Where pos- sible, rods shall be bent cold. If heating is neces- sary at the end of the rods, care must be exercised that the steel is not burnt or heated above a low cherry red. Bending the rods shall be carefully done so that all the bends are in the same true line and plane. QUALITY OF STEEL. Section 242. See Section 38. PLACING OF STEEL. Section 243. In order that the slab bars shall be maintained in the posi- tions shown in the design during the work of pour- ing the slab, spacers and supports shall be pro- vided satisfactory to the Building Commissioner. All bars shall be secured in place at intersections by wire or other metal fastenings. In no case shall the spacing of the bars exceed nine inches. LAPPING AND BONDING REINFORCEMENT. Section 244. Wherever it is necessary to splice reinforcement by means of lapping, the length of the lap shall be determined upon the basis of the safe bond stress in the bar at the point of splice or a mechanical connection of equivalent strength shall be made between the rods. Lapping at the points of maximum stress must be avoided. In no case shall the slab or beam be lapped or spliced except over supports. MINIMUM AND MAXIMUM SIZES OF ALL REIN- FORCEMENTS. Section 245. The minimum dia- meter of the main reinforcing rods in slabs shall not be less than one -quarter inch, and in beams and girders not less than one -half inch diameter. However, where the reinforcement of the slab is continuous or fabricated mesh reinforcement one- eighth inch shall be the least diameter of the rein- forcing steel, but same shall not be used in slabs exceeding eight feet span, unless herein otherwise provided in special cases. The maximum diameter of main reinforcing rods in slabs shall not exceed one inch, and the maximum diameter of main rein- forcing rods in beams shall not exceed one and three-fourths inches. SPECIAL TYPE OF CONSTRUCTION BEAM AND GIRDER DESIGN (See General Conditions, Sections 214 to 245). UNIT STRESSES. Section 246. (a) Concrete (See Section 224). (b) Steel (See Section 224). (c) Quality of Concrete (See Section 225). STRESSES AT CONNECTIONS. Section 247. All stresses at connection between reinforced con- crete members shall be within the allowable unit working stresses. BENDING MOMENTS. Section 248. The bend- ing moments and stresses for beams and slabs of uniform section shall be calculated by standard engineering formulae. BENDING MOMENTS OF SLABS SUPPORTED ON TWO SIDES. Section. 249. The bending moments of slabs due to uniformly distributed loads shall be taken as not less than: 1-8 WL at center when simply supported. 1-10 WL at center and continuous support when supported at one end andcontinuous at the other. 1-12 WL at center and intermediate supports when continuous over more than two supports. W is total distributed dead and live loads. L is length of span. BENDING MOMENTS OF SLABS SUPPORTED ON FOUR SIDES. Section 250. The bending mo- ments of uniformly loaded slabs supported on four sides and reinforced in both directions shall be taken as: 1-8 WL at center in each direction when simply supported. 1-10 WL at center and continuous support when continuous over one support. 1-12 WL at both center and supports when con- tinuous over two or more supports. DISTRIBUTION OF LOADS. Section 251. The distribution of loads on square and rectangular slabs supported on four sides shall be determined by the following formula: L4 r L4+b4 in which r is the proportion of the load supported by the transverse reinforcement. L is the length of slab and B is the breadth of slab. If the length of the slab exceeds 1-1/2 times its width, the transverse reinforcement shall be designed to carry the entire load. MAXIMUM MOMENTS. Section 252. The end spans of continuous beams or slabs shall be con- sidered as fixed at one end and freely supported at the outer end. All spans shall be designed to re- sist maximum bending moments for any condition of loading, and the reinforcement carried beyond the points of contraflexure. LOADS -DEAD, LIVE, REDUTION, ECCEN- TRIC AND CONCENTRATED. Section 253. (See Section 220). FOOTINGS. Section 254. Shall be designed according to the bearing power of the soil. SIZE OF COLUMNS. Section 255. The ratio of length to least side or diameter shall not in any case exceed fifteen where the effective diameter is the least diameter from out to out of vertical reinforcement and the length shall be the distance between lateral supports irrespective of any cor- bel or knee brace. No column shall be less than 10 inches in least dimensions. COLUMNS -VERTICAL REINFORCING ONLY. Section 256. (a) All columns shall have at least four vertical, straight and plumb reinforcing rods throughout entire length. All rods shall be tied laterally at distances not exceeding sixteen times the least diameter of the rod. The total cross sectional area of the longitudinal reinforcement shall not be less than one per cent nor more than four per cent of the effective cross sectional area of the column. The diameter of reinforcing rods shall not be less than one-half of an inch, nor more than one and one-half inches. The least thickness of the lateral reinforcement for columns with minimum sized longitudinal rein- forcement only shall not be less than 1/8 inch for each lateral tie, and proportionately increased for larger rods. (b) Rectangular Columns. In columns of rec- tangular cross section where the longer side ex- ceeds the shorter side by one and a half, the cross section of the column shall be subdivided by cross ties between the vertical reinforcing rods on the longer side and shall not exceed the same distance on the shorter side. (c) Effective Area. Effective area shall be con- sidered as that area which is included within the in- side dimension of vertical rods. The concrete out- side of this area shall be considered as fireproof- ing only. SPIRAL OR HOOPED COLUMNS. Section 257. (a) For columns reinforced with bands or spiral, such hooping shall have a volume of not less than 0.5 per cent of the volume of the column core. The thickness of any bands or spirals shall not be less than one-eighth inch or one-quarter inch, respectively. Ends of hooping and ties shall be so united as to develop their full strength. Hooping shall be held rigidly in position by satisfactory connection to at least two longitudinal rods so as not to become dis- placed while the concrete is being deposited. Length of column in this case not to exceed fifteen times the diameter of the hooped core. (b) Effective Area. The effective hooped area shall be that which is included within the inside diameter of the hooping, concrete outside of this area shall not be considered as a part of the effective column section. CONNECTIONS AT SUPPORTS, FLOORS, ETC. Section 258. Splices in vertical reinforcing shall only be made directly above the floor levels or any point of lateral support. Butt joints and splices shall be made by tight fitting sleeves and have the ends of the rods faced or squared, or by lapping and clamping the rods together sufficiently to properly transmit the tension and compression stresses as required by this ordinance. Where rods are in tension the splices shall be a positive connection sufficient to transmit all the stresses. CONDUIT, ETC., IN EFFECTIVE AREA OF COLUMN. Section 259. No conduit or materials other than the reinforcing will be permitted to be placed in the effective area of the columns, nor will any cutting be permitted for any purpose in a completed column. 163 STRUCTURAL STEEL USED FOR COLUMNS. Section 260. Wherever structural steel columns are used, the steel work shall be designed to carry the full live and dead load, except for the allowable reduction in live loads and the concrete considered only as a protection to the steel. SPACING OF RODS IN BEAMS AND SLABS. Section 261. The distance center to center between main reinforcing rods in beams with the diagonal tension fully carried by the steel shall not be less than twice the minimum diameter of the rods, and not greater than four inches. For beams where the diagonal tension is only partially carried by the steel not less than three times the minimum or nominal diameter or thickness of the rods, except at joint where the rods may be bound together. Slab reinforcement shall have at least one inch space between rods, except at laps the maximum distance between rods shall not exceed twelve inches, nor more than twice the effective depth of the slab. Slabs carrying concentrated loads shall have rods provided to distribute such loading. Where woven wire or other mesh reinforcement is used, it shall be rendered continuously by means of a side lap of not less than three inches. It shall be of such dimension as to enable the aggregate to easily pass through the meshes. MINIMUM SIZE OF BEAMS, GIRDERS, BRACK- ETS. Section 262. In members carrying trans- verse loads the effective depth shall not be less than one -twentieth of the span. The minimum width of the beam or girder shall not be less than one- third the effective depth and in no case less than four inches. The effective depth is meant distance from extreme fibre in compression to the center of the gravity of the reinforcement. Brackets shall not be considered as reducing the span. STEEL USED IN COMPRESSION. Section 263. When steel is used in compression side of beams, the reinforcement shall be securly anchored into the concrete. The ties shall not be further apart, cen- ter to center than two-thirds of the effective depth of the member, and not further apart than twenty diameters of the anchored rod. WEB REINFORCEMENT. Section 264. Where the diagonal tension exceeds ninety pounds per square inch, diagonal reinforcement shall be sup- plied sufficient to carry the excess. The web rein- forcement shall be rods rigidly attached to the horizontal bottom rods and extending to the top of the beam and into the adjacent construction, for full and effective anchorage, or the bottom rods may be bent upwards and shall extend from bottom to top of beam and in the adjacent construction as above. In case the diagonal tension is carried in part by steel of fifteen times that in the concrete. In no case shall the vertical shear exceed one hundred and twenty pounds per square inch or the stress in the steel exceed four thousand five hun- dred pounds per square inch when all diagonal tension is resisted by steel. For "T" sections the width of the stem only shall be used in calculating the longitudinal shear and diagonal tension. STIRRUPS. Section 265. Where stirrups are used, they shall be securely attached to the hori- zontal reinforcement, and designed to transfer the 164 shear increments. Stirrups shall be spaced in proportion to the distribution of the shearing stress and in no case shall this spacing exceed the effective depth of the beam. The connection of stirrups to horizontal reinforcement shall develop the full strength of the stirrups and no vertical stiirup shall be placed under a concentrated load. Stirrups shall extend at least from bottom rein- forcement to within 2 inches of the top of the con- crete and be anchored at both sides. "T" BEAMS. Section 266. In monolithic beam and slab construction an effective metallic bond shall be provided at junction of the beam and slab. Where the principal slab reinforcement is parallel to the girder, transverse reinforcement shall be used extending over the main beam and well into the slab. (a) Flange Widths. When slab and web of "T" beams are cast at the same time, when fully rein- forced transversely, the slab flange may be con- sidered as integral part of the beam, but its over- hanging width on either side of stem shall not ex- ceed four times the thickness of slab, or the effec- tive width shall not exceed one-fourth of span length of beam whichever of these dimensions is the least. (b) Effective Width. The effective width of the flange for outside wall beams or those around open- ings shall be twice the width of the stem, or 3 times the thickness of the slab, whichever is least. (c) Compressive Stresses at Supports. In con- tinuous "T" beams, the compressive stresses at the underside of the beam,at the support must be com- puted and shall not exceed the working stresses. SLAB REINFORCEMENT. Section 267. In com- puting the required area of steel in freely supported slabs, only the longitudinal metal placed in direct line with the span shall be included and the section area of diagonally placed metal shall be considered( as taking the component stress of direct tension. The reinforcement spanning the shortest direc- tion shall be above the reinforcement spanning the longer direction. Slab reinforcement shall not be farther apart horizontally than two times the total thickness of the concrete slab, except in the end quarters of the span each way in spans reinforced in both directions and shall not exceed 9 inches. In slabs that are reinforced 2 ways, the spacing of the rods in the end quarters may be twice the dis- tance allowed for the middle half of the span, but in no case to exceed four times the total thickness of the concrete slab, and therods of reinforcement shall be of the same cross sectional area through- out the slab. MINIMUM DEPTH OF SLABS. Section 268. In roof of floor slabs the effective depth shall not be less than 1-30 of the span, but three inches shall be minimum permissible depth for any roof or floor slab, unless otherwise provided or in special types of construction, when same must be approved by Building Commissioner. TOP REINFORCING. Section 269. For all con- tinuous beams and slabs the reinforcement at the top over supports must be at least 5o% of that used in the bottom at the center. SHRINKAGE RODS. Section 270. Slabs rein- forced in one direction only, shall have shrinkage rods placed above the reinforcement, same being not less than one-quarter inch round, and spaced not over two feet apart, or the equivalent thereof. FLAT SLAB CONSTRUCTION General Provisions for Design of Girderless Floors or Flat Slabs GIRDERLESS FLOORS. Section 271. 1. Girder - less floors or flat slabs consisting of reinforced concrete slabs resting upon columns with flaring heads, with or without drop heads or column caps, and in which no beams or girders are used, ex- cept around openings in the floor or along walls, shall be designed in accordance with the bending moments coefficients and stresses specified in this Code. No empirical formulas based on the results of tests shall be •permitted, but the design shall in general be based upon the principles of continuous or cantilever construction as herein indicated. 2. The methods of analysis shall be as follows: (a) The portion of the slab adjacent to the column shall be considered as a circular plat supported at the center forming the cantilever portion. The remainder of the slab shall be con- sidered as a simply supported portion suspended from the cantilever plates. The cantilever portion shall be designed for a.uniform load over its area equal to the live and dead load on that area plus a concentrated load on its perimeter equal to the floor load resting on suspended portion of the slab. The radius of the cantilever plate shall be the average distance from the center of the column to the points of inflection of the slab. (b) Or the slab may be considered as consisting of a series of continuous broad, flat girders rein- forced with bands of steel consisting of rods sup- ported at the top of the slab over the columns and depressed to the bottom of the slab at the center of the span. These bands of reinforcement may be arranged to run in two directions directly from column center to column center; or in four direc- tions, the former bands being combined with rein- forcement running diagonally from column to column. COLUMNS FOR GIRDERLESS FLOORS. Section 272. 1. The column capital shall have a diameter or least side at the top in no case less than 0.225 L where L is the length of the side of the square equivalent to the area of the rectangle included between four adjacent columns. The thickness of the column capital at this diameter shall be not less than 1-1/4 inches. The slope of the column capital shall nowhere exceed an angle of 45 degrees with the vertical. 2. A depressed head or "drop" may be cast above the column capital and the dimensions of this cap shall be not less than 0.4 of the side of the equivalent square panel. 3. The point of inflection shall be assumed 1-6--3L from the center of the column. 4. The width of the bands shall be such as to properly cover the panel area, but shall not be wider than 0.4 times the side of the square panel. Where steel is provided in two directions only, the central portion of the panel shall be considered as a slab supported on four sides. 5. Punching shear shall be calculated at the edge of the column shaft and shall not exceed 120 lbs. per sq. inch. In computing shearing stress for the purpose of determining resistance to diago- nal tension, a point shall be taken at a distance out from the column capital equal to the effective depth of the slab. 6. Working stresses and coefficients shall in general comply with Section 224. In rectangular panels, the long dimension shall not be more than four -thirds times the short dimension. Interior columns shall be capable of resisting the unbal- anced bending moment produced by a panel with live load adjacent to a panel without live load. Floor slabs, at walls shall be considered as simply supported on walls or wall beams. If the proportion of the slab adjacent to a wall column is assumed as a cantilever, the wall column or pier shall be capa- ble of resisting the unbalanced moment produced by such cantilever. Bars for negative bending mo- ment shall extend at least to the quarter point of the span, and if the bars have a greater diameter than 3/4 inch, special attention shall be given to bond and anchora$e. REQUIREMENTS FOR REINFORCEMENT EXTERNAL AND INTERNAL DEFECTS. Section 273. All reinforcement shall be free from ex- cessive rust, scale, grease, paint or any coating which would tend to reduce or destroy the bond be- tween the steel and the concrete. Bars shall also be free from injurious seams, slivers, flaws and other mill defects. The weight of any lot of bars shall not vary more than 5 per cent from the stand- ard weight of the lots as given by manufacturers' handbooks. PLACING AND SPACING OF REINFORCEMENT. Section 274. All reinforcement shall be accurately located and mechanically secured against displace- ment during the placing of the concrete. Reinforce- ment bars for slabs shall not be spaced farther apart than 2-1/2 times the thickness of the slab. The spacing of parallel bars in beams shall not be less than 3 diameters from center to _center, nor less than one inch. The clear spacing between two layers of bars shall not be less than one inch. In restrained or cantilever construction reinforce- ment shall extend beyond the supports into adjacent construction for full and effective anchorage, ex- cept that when this is not practicable, anchorage shall be obtained by other means acceptable to the Commissioner. Special reinforcement shall be provided to resist concentrated loads. Slabs rein- forced in one direction only shall have shrinkage rods not less than 1/4 inch in diameter placed above the reinforcement and spaced not over 2 feet apart. All reinforcements shall be assembled well in ad- vance of the placing of the concrete, and shall be in- spected and approved by the Commissioner before concrete is deposited. PROTECTION FOR REINFORCEMENT. Section 275. Steel reinforcement shall have a minimum protection of concrete on all sides as follows: In columns and girders, 2 inches; in beams and walls, 1-1/2 inches; and in floor slabs, 1 inch. The steel in footings for walls and columns shall have a minimum protection of 4 inches of concrete. SPLICES IN REINFORCEMENT. Section 276. Splices in reinforcing bars shall be designed to transfer the calculated stress at the joint either by bond and shear through the concrete, or by 165 bearing between the steel. Splices at points of maximum stress shall be avoided where possible. Lap splices of bars shall be of sufficient length to develop the required stress in the joint without exceeding the bond stress permitted. In columns where necessary to splice vertical bars having areas in excess of 1-1/4 square inches it shall be done by cutting the bars squarely at the ends and enclosing them in a close fitting pipe sleeve, or uniting them by a threaded splice or other mechan- ical connection that will transfer the load from one to the other without stressing the adjoining concrete excessively. The middle point of such splices shall be within one foot above the floor level. Splices in column hooping where necessary shall be suffi- cient to develop the full strength of the hooping. Chapter X. ROOF COVERINGS DWELLINGS, FRAME BUILDINGS. Section 277. Buildings not exceeding two stories of 30 feet in height and 2500 sq. ft. in area and not used for factories, warehouses or mercantile purposes. The quality of roofing for above building shall be of a grade which will rank not lower than Class C under test specifications of the National Board of Fire Underwriters, or edge grain wood shingles. If shingles are used they must be made to meet the following requirements and be laid as herein pro- vided. The thickness of five shingles measured to the butts must not be less than two inches. The measurement of wood shingles to the wind shall be on roofs of 1-3 pitch, or more, 1611-511 1811-5-1/211 2411-7-1/211. On roofs of less than 1-3 pitch, 1611-411 1811-4-1/211 2411-6-1/21?. Shingles to be laid with broken joints or side lap not less than 1-1/211 with not breaks directly over each other on any three consecutive courses. All nails to be covered. First course the eaves to be laid two ply projection 2 ? ? over crown mould with 111 projection at gables. Shingles to be nailed with 3-1/2d or 4d galv. shingle nails, cut iron, copper, zinc or zinc coated shingle nails, with two -nails to each shingle 5/8 to 3/411 from the sides. Shingles to be thoroughly wet before laying. If stained shingles, must be dry before dipping and dipped to at least 8!! from the butt. Section 278. Roof covering of all buildings with- in the fire limits and all buildings except as given in the preceding section, shall have roof cover- ings of approved standard quality, such as brick, concrete, tile or slate, or highest grade of tin roof, or of asbestos or asphalt, or of built up roofing felt with gravel or slag surface or of built up as- bestos roof or other roof of like grade, or a cover- ing of 15 pounds to a square of asbestos felt laid over wooden boards or shingles and 90 pounds to a square of mineral surfacing roofing laid on top of said asbestos felt or standard asphalt shingles, provided, however, where the covering is of slate. or tin the asbestos felt herein provided for shall not be required. Any of the roof covers herein prescribed shall be considered as falling within the classification of Class A or B. REPAIR OF WOODEN SHINGLE ROOFS. Section 279. The preceding section shall not be construed to prohibit the repairing of wooden shingle roof, provided the building is not increased in height, but the renewal of such a roof is forbid- den, except it complies with the provisions of the two preceding sections. 166 SPECIAL PROVISIONS FOR VARIOUS CLASSES OF ROOFING TIN ROOF. ROOFING FELT. Section 280. A layer of roofing felt at least 1 ply shall be placed between metal roofing and the supporting woodwork. SHEATHING NOT TO EXTEND ACROSS WALLS. Section 281. The wooden planking and sheathing of roofs shall not, in any case, be extended across side or party walls. FLASHING. Section 282. All flashing shall be of metal or other approved material properly in- corporated with the roofing material. Chapter XI. CORNICES AND GUTTERS IN FIRE LIMITS. Section 284. On all buildings or structures within the fire limits, the exterior cornices inclusive of those on show windows and gutters shall be of incombustible material. All cornices, not built as a part of the walls, shall be secured to the walls with metal framing or anchors. OUTSIDE FIRE LIMITS. Section 285. Outside of fire limits where buildings have masonry walls that are placed nearer than three feet to a side or rear line, or five feet to another building, the cornices and overhanging eaves on the side or rear walls shall be of, or covered with, incombustible material. When such buildings are erected in rows, combustible cornices on the front shall be fire - stopped with incombustible material between each building. Proper drainage for cornices inside and outside of fire limits shall be provided for. No cornice shall be designed so that water will drain or drip on sidewalk below. UNSAFE CORNICES OVERHANGING STREETS. Section 286. Exterior wooden cornices or gutters overhanging streets or alleys on buildings or struc- tures within the fire limits which are unsafe or are damaged tothe extent of 50 per cent shall be taken down; any replacement of same shall be made with incombustible materials. If damaged less than 50 per cent they may be repaired with the same mate- rial as originally constructed. Chapter XII. TIN WORK AND GALVANIZED IRON WORK LEADERS. Section 287. The roof of all build- ings to be erected or reconstructed shall be pro- vided with proper metallic leaders for conducting the water away from the roof in such a manner that it will protect the walls and foundation of such building or of adjacent buildings from injury. Section 288. Water on Sidewalks. In no case shall water from such leaders be allowed to flow directly upon street sidewalks, but in such case it shall be conducted by proper pipes to the storm sewer. If there should be no sewer available, then a gutter should be constructed in the walk and same shall be provided with a non -slipping metal cover, set flush with sidewalk, and securely fastened to same. Design of cover can be obtained. from Building Commissioner. NO DOWN SPOUTS ON STREET SIDE. Section 289. In the fire limits, all roofs on buildings to be erected shall slope to rear or to the alleys, and under no condition shall they slope toward the street. No down spouts shall be built on street side in this district. SKYLIGHTS METAL FRAMES. Section 290. All skylights shall have metal frames and sash, and the frames and parts thereof shall be riveted or otherwise securely fastened in additon to soldering. WHERE REQUIRED. Section 291. Every ele- vator `shaft, stairway shaft and shafts exceeding six (6) square feet in area, which extend through the roof shall have a skylight, covering at least three- fourths of the area of the shaft. GLASS IN SKYLIGHTS. Section 292. Except as herein provided, all skylights shall be glazed with wire glass 1/4 inch thick or heavy plate glass may be used, if protected above by galvanized wire screens. If plain glass be used in skylights on buildings of a public character over any passage- way or room of public resort, wire screens shall be placed beneath the skylight as well as above. SKYLIGHTS OVER ELEVATORS, ETC. Section 293. In all buildings hereafter erected or altered, the roof immediately over every hoistway, elevator, open shaft or well hole shall be provided with a skylight containing not less than 25 sq. ft. of glass, said glass shall be set in metal sashes or frames, in lights of not less than 200 sq. in. each, and shall not exceed one-eighth inch in thickness. There shall be suspended immediately below this glass a strong wire netting. Provided, that if in the sides of an elevator, penthouse, or at the top of any such shaft or well hole, there be windows having 35 per cent of shaft area of glass of thickness herein specified • for skylights then the Building Commissioner may, at his discretion permit the skylights above de- scribed to be omitted. LOUVRES. Section 294. When metal louvres are used for ventilating purposes, over shafts or in connection with skylights, the louvres or slats shall be riveted to the metal frame. WINDOWS SUBSTITUTED. Section 295. Instead of a skylight over a shaft, a window of equivalent area may be placed in the side of the shaft above the roof, which is furthest from a property line. The windows shall have non-combustible frame and sash. PROTECTION OF SKYLIGHT AND ROOF. Section 296. Where walls are carried up above the roofs of adjoining buildings proper means. shall be provided and used by the person erecting the walls for the protection of the skylights and roofs of such adjoining buildings. Should the owner of such adjoining building re- fuse permission to have his roofs and skylights protected, such refusal shall be reported in writ- ing to the Building Commissioner, and it shall then be the duty of the owner refusing such permis- sion to make his skylights and roofs safe at his own expense. Such refusal by said owner shall relieve the owner or person erecting the building from any responsibilty for damage done to persons or prop- erty on or within the premises affected. Chapter XIII. LATH AND PLASTER LATH Section 297. (a) METAL LATH. All metal laths shall be of a copper bearing metal and shall be lapped at least one inch and must be nailed at edge of outside sheet. , (b) Wood Lath. Wood lath shall be of a good quality and in no case shall it run through from room to room nor be placed vertically. (c) Metal Lath for Wood Partitions Containing Hot Air Pipe. Metal lath shall be used to cover the portion of the wood partition in which the hot air pipes are located. PLASTERING ON CONCRETE. Section 298. In plastering on concrete, just enough brown coat shall be put on to straighten up walls or ceilings and then the finish coat shall be applied. Exterior concrete walls shall be given a coating of liquid water -proof- ing approved by the Building Commissioner before being plastered. PLASTER --GYPSUM. Section 299. Plaster, the body of which is made of gypsum, shall not be used in public lavatories or toilet rooms or in enclosing walls for a shower bath. PLASTERING --HOW DONE --WALL TO BE PLASTERED BACK OF WAINSCOTING. Section 300. (a) When wood wainscoting is used in any building the surface of the wall or partition be- hind such wainscoting shall be plastered down to the floor line, unless said wainscoting is placed against a brick, stone or tile wall or partition. (b) Other Ceilings and Partitions. All ceilings and stud partitions of all dwellings, lodging and tenement houses, and furred walls of the same, when plastered with lime mortar on wood lath, must have not less than one-half inch key, leaving space between ends of lath. (c) Three -coat or scratch work to have at least three-fourths inch grounds or jambs, mortar to be mixed as follows; The first or scratch coat to be mixed or tempered one part of thoroughly slaked lime to two and one-half parts of sand and one-half part of hair, to be applied with sufficient pressure to insure a good rivet or clinch on upper side of lath, to be scratched thoroughly to make key to re- tain second coat. First coat to be thoroughly dry before applying second coat. Second coat or brown mortar for three -coat scratch work to be mixed with one part of slaked lime to four parts of sharp sand with a little hair. Lime mortar for brick or tile work to be mixed with one part lime to five sand. (d) For Two -coat Laid Off Work. First coat to be mixed the same as in three -coat work. Brown mortar or second coat to be mixed or tempered one part lime to six parts of sand. Grounds should not be less than one-half inch. For white coating with lime mortar, lime should be well slaked and put through a fine screen or sieve. To mix thoroughly before applying use two parts of lime to one-half part of plaster paris. (e) For Cornice Work. Equal parts of lime and plaster of paris should be used. All lime should be slaked at least ten days before using. All plastering must be done straight and square to the floor line; also plastering made flush and solid to all frames and to be straight and regular to all mouldings and casings. (f) When Patent Plasters and Other Standard Cement Plasters are Used. For three -coat work, lath to be spaced not less than 3/8 -inch key, joints 167 to be broken every fifth lath, leaving space between ends of lath. First coat: to each measure of fibered plaster add two measures of clean sharp sand, mixed thoroughly and uniformly, and add suf- ficient water to temper to proper consistency. Mortar to be applied promptly with sufficient pres- sure to form a good rivet or clinch on upper side of lath. First coat to be thoroughly scratched to make a key to retain second coat. Second coat to be applied when first coat is two-thirds dry, and to each measure of fibered cement plaster add two measures of clean, sharp sand, mixed thoroughly and uniformly, and add sufficient water to temper to a stiff mortar. Mortar to be applied promptly with sufficient pressure; when half dry, apply finishing coat. Finish coat for smooth finish; unfibered cement plaster with sufficient water to temper to a proper consistency, troweled down with the least water possible and brushed with a perfectly dry brush. (g) Two -coat Work. Grounds to be not less than one-half inch. Lath to be spaced not less than three-eighths inch. Joints to be broken every fifth lath, leaving space between ends of lath. (h) First Coat. To each measure of fibered cement plaster add two measures of clean, sharp sand, mixed thoroughly and uniformly, add suf- ficient water to temper to proper consistency. Mortar to be applied at once with coat sufficient to make walls flush with grounds. Chapter XIV. STAIRWAYS MATERIAL. Section 301. In fireproof and mill - constructed buildings, stairways shall be built of approved concrete, reinforced concrete, stone or with metal supports, metal strings, metal or com- position floor treads and risers, metal or composi- tion floor platforms, or a combination of one or more of such materials. HANDRAIL. Section 302. The handrails of such stairways in fireproof buildings can be of wood. STAIR LANDINGS. Section 303. In fireproof, mill -constructed and ordinary constructed buildings no stairway shall ascend a greater height than thirteen feet six inches without a level landing which, if its width is in the direction of the run of the stairs, shall not be less than three feet wide, or which if at a turn of the stairs and no winder shall be permitted in any stairs. WOOD STAIRS. Section 304. In ordinary and frame constructed buildings, stairways may be made of wood construction. LOCATION OF STAIRWAYS. Section 305. In fireproof, mill -constructed and ordinary con- structed buildings, all stairways, when practical, shall be continuous from the topmost floor down to the ground floor, and when two or more stair- ways are required they will be located at as great a distance from each other as is practical. Where not continuous, the different stairways must be con- nected by ample corridors. ENCLOSURE AND LOCATION OF BASEMENT STAIRS. Section 306. No stairway leading to the basement of a building shall be located under any stairway extending above the second floor unless such stairway be enclosed in the basement by fire walls with fire doors. Stairs in private residences 168 less than three stories in height will not be required to be enclosed in the basement. Section 307 (a) All stairs shall have walls or well -secured balustrades, or guards, on both sides. Except in dwellings a stairway less than 316,1 wide shall have not less than two hand rails. A stair- way of 81011 or more in width shall be provided with a continuous intermediate handrail substantially supported. All stairs except as herein otherwise stated shall have treads and riser of uniform width and heighth throughout each flight, and in no case shall the height of the riser exceed 7-3/411 and the tread, exclusive of the nosing, not less than 9-1/211. (b) The width of the different stairways need not be alike. Stairways hereafter erected shall not be spiral stairways nor have any winders (except dwellings, winders may be used), provided, how- ever, that circular or elliptical stairways may be used if the width of treads one foot from the center of the handrail next to the well hole is 9-1/211, including nosing s. (c) Every building shall have at least one stair- way from the ground to the top floor and one stair- way from the lowest basement, and no stairway shall have a width less than 31011 or a minimum wid width as prescribed for the various classes of build- ings, except private stairs in buildings of the dwel- ling house class and used by only one family, where the minimum width shall be not less than 216n. (d) Every building, except as otherwise particu- larly mentioned, not more than two stories high, shall have at least one stairway 3'0"" wide, provided that such stairway is so located that no part of the second floor area shall be more than 100 feet from the stairway. In case the above requirements can- not be complied with, then such number of stairs or fire escapes shall be added so that no floor space shall be more than 100 feet from a stairway or fire escape. Where the second story of such building is not used in connection with the business on the first floor, then such stairway shall be inclosed with fireproof walls, and such stairways shall lead di- rectly to a street or alley. (e) The location of every stairway required by this code shall be subject to the approval of the Building Commissioner. (f) The requirements of this section shall not apply to dwellings. STORES, FACTORIES, WORKSHOPS, WARE- HOUSES, LOFTS, OFFICE BUILDINGS, INDUSTRIAL BUILDINGS, GARAGES, STABLES, ETC., OVER TWO STORIES IN HEIGHT. Section 308. (a) The aggregate width of all stairs shall be computed on the basis of the number of persons allowed in the building above the ground floor at any one time, with a minimum number of stairs as required by the floor area. (b) In all buildings occupied for the above mentioned purposes, and all buildings in which a stairway complying with the requirements of this Code, can not be so located as to be within 100 feet of every part of the floor space of each floor above the first story, there shall be installed such ad- ditional stairways so that no floor space exceeds a distance of 100 feet from a stairway. (c) The number of stairs and fire escapes re- quired for a building shall be determined by the floor area measured on the third floor of the building, and such area shall not include stairs, elevators, shafts, well holes and corridors. (d) All buildings under the above mentioned classes hereafter erected or altered shall be pro- vided with such numbef of stairways, with such minimum width each as herein prescribed for buildings as otherwise particularly mentioned. (e) In Ordinary Construction. With floor area of 5,000 sq. ft. or less, two stairways. With floor area of 5,000 to 9,000 sq. ft., three stairways. (f) In Mill or Slow Burning Construction. With floor area of 6,000 sq. ft. or less, two stairways. With floor area of 6,000 to 12,000 sq. ft., three stairways. (g) In Fireproof Construction. With floor area of 7,000 sq. ft. or less, two stairways. With floor area of 7,000 to 15,000 sq. ft., three stairways. With floor area of 15,000 to 21,000 sq. ft., four stairways. With floor area of 21,000 sq. ft. and over, five stairways. (h) Each stairway of paragraphs (e), (f) and (g) shall be not less than 3101? wide in the clear, pro- vided that not more than 10 persons are allowed on a floor for each stairway. If more than ten per- sons per stairway are allowed on a floor, then the total aggregate width of all stairways shall be in- creased 22 inches for each 100 persons or fraction thereof, of all persons allowed in the building above the ground floor, above the amount of ten persons per stairway per floor. (i) Where two areas of the same building adjoin and are separated by fireproof dividing walls, they may have a stairway in common, provided such stairway is not less than five feet wide and is en- closed in all stories of the building by fireproof walls in non -fireproof buildings and by fireproof partitions in fireproof buildings; and where the stairways and landing are built as required by this Code for buildings of fireproof construction and where the doors, frames, sash and casings, and the glazed portion thereof, are built as described for fireproofing in this Code; then in such case such stairway may be considered as equiva- lent to one stairway from each such area, and where such stairway provides exit from only one floor such stairway may be considered as equivalent to two stairways, but in no case shall there be less than two stairways in any such building, except as otherwise provided in this chapter. (j) Where adjoining building or buildings on opposite sides of an alley, or other open space, and of the same class used by the same person, firm or corporation, are connected by fireproof bridges or passages with fireproof doors on each end, or by fireproof doors on each floor, built and equipped as required by this Code for dividing wall doors, if such bridges or passageway or fireproof door is located as far as practicable from the stairway in both said buildings, then said bridge or passage- way or fireproof door may be considered to be equivalent to a, stairway for each of the two areas. (k) In buildings of the above classes where an interior stairway is enclosed in a fireproof shaft built entirely of fireproof materials and provided. with automatic fire doors, and where such stair- way and the stair hall has at least one side on a street or alley, then such stairway shall be con- sidered as equivalent to two stairways, or a stairway and a fire escape provided, however, that if such stairway is considered the equivalent of two stairways the building must be equipped with a stairway fire escape. (1) Exterior stairways in buildings of this class built entirely of iron and steel having ice -proof treads not less than ten inches wide from nosing to rises, and a rise of 8 inches or less for each rise, and otherwise made as required for stairway fire escapes, and where such stairway fire escapes extend from the inside grade to the top floor to the ground with a counter balanced section and has .a steel ladder from the top landing to the roof, then such stairways may be considered the equivalent of an interior stairway and one stairway fire escape, if the width of such stairway and that of the one or more stairways in the building equals the width of stairs required by this chapter; provided, that in such case the respective floors, doorsills and stair- way platforms are flush, and that the doors do not obstruct the stairs •or platforms and that the doors are each at least 90 per cent of the width of said stairway and that the windows, doors and frames passed by such stairways and platforms are built of incombustible materials and wire glass. (m) In buildings of this class not more than three stories high, a stairway fire escape not less than three feet wide, located and built as required by this chapter for such fire escape, and placed as far as practicable from the stairway, may be considered as a stairway and may be deducted from the width of stairway required for the building. FLATS, TENEMENT AND APARTMENT HOUSES. Section 309. (a) In all buildings of this class all stairways shall extend from the entrance floor to the roof, and the stairs shall be not less than 31211 wide in the clear. Each apartment in every story shall have direct access to such stair- ways. A stairway serving not more than eight apartments or suites of rooms may be three feet wide in the clear. (b) Each stairway shall have an exit to the street at the street level, or to a court or yard which con- nects directly into a street or alley. (c) In non -fireproof buildings no closet of any kind shall be constructed under any stairway leading from the entrance story to the upper stories, but such space shall be left entirely open and free from encumbrance. (d) Number of stairs. Every building of this kind containing not more than 20 apartments or suites of rooms above the entrance floor shall have at least one interior stairway, and for every additional 20 apartments or fraction thereof an additional stair- way shall be provided. If such houses contain not more than 30 apart- ments above entrance floor, and the building is of fireproof construction in lieu of additional stairs, the entrance hallway, stairs and stair hallways may each be made 51611 wide, provided that such stair- ways be so located that the entrance to every room in such building shall be within 100 feet from a stairway. (e) In buildings of this class, cellar and base- ment stairways may be located inside the building but shall not be located underneath the stairs , 169 leading to upper stories; this prohibition shall not apply where basement is the main entrance floor of the house. (f) In every building of this class there shall be an outside entrance to the cellar or other lowest story. (g) All stairways coming within the provisions of this section shall have all surrounding walls of fire -resisting materials in non -fireproof buildings and of fireproof materials in fireproof buildings. HOTELS, DORMITORIES, HOSPITALS AND ALL BUILDINGS WHERE SLEEPING ACCOMMODA- TIONS ARE PROVIDED FOR MORE THAN 20 PER- SONS. Section 310. (a) In every building of this class all stairways shall extend from the entrance floor to the roof and the stairs shall be at least 31811 wide in the clear. Each room or suite of rooms in such buildings shall have direct access to such stairways. (b) Each stairway shall have an'exit to the street, alley or yard at street level. (c) Number of Stairs. Every such building con- taining not more than 50 rooms or suites of rooms above the entrance floor shall have at least one interior stairway, and for every additional 50 rooms or suites of rooms or fraction thereof an additional stairway shall be provided. If such buildings are of fireproof construction and contain not more than 75 rooms or suites of rooms above the entrance floor, in lieu of an additional stairway, the stair- way and stairway hall may be made 51611 wide. (d) However, there shall not be required more than two stairways for each 300 rooms in such buildings, if of fireproof construction, provided that the aggregate width of such stairways and stairway halls is increased 22 inches for each 50 rooms or suites of rooms or fraction thereof, above the first 100 rooms, provided that such stairways be 'so located that the entrance to every room in such building shall be within 100 feet from a stairway. (e) All stairways coming within the provisions of this section shall have all surrounding walls of fireproof materials. PUBLIC HALLS, CHURCHES, CLUB AND LODGE HALLS, AND ALL BUILDINGS USED FOR PUBLIC OR PRIVATE GATHERINGS. Section 311. (a) In every building hereafter erected or altered, to be used in whole or in part as a public hall, church, club or lodge hall, the width of the stairs shall be twenty-two (22) inches for every one hun- dred persons of the aggregate seating capacity of all rooms, provided no stairway shall be less than four feet wide in the clear, and that all public halls, roof gardens, churches, club and lodge halls, two stories or over in height, are provided with at least two separate and distinct stairways. Fire escapes shall be included in determining the neces- sary width of stairways. (b) All such stairs shall be without winders and have the treads and risers of a uniform width and height. THEATRES. Section 312. (a) Every building hereafter erected or altered and used as a theatre or place of amusement shall have the stairways equivalent to 22 inches for each one hundred of seating capacity, and no such stairway shall be less than four feet in the clear. 170 (b) All such stairways shall have handrails on each side thereof. (c) In no case shall the risers of any stairs ex- ceed seven and one-half inches in height or shall the treads, 'exclusive of the nosings, be less than ten and one-half inches wide. When stairs return directly on themselves, a landing of the full width of both flights shall be provided. (d) The stairs turning at an angle shall have a proper landing without winders introduced at said turn. SCHOOLS. Section 313. In all buildings here- after erected or altered for the use of any school, the stairways must be equivalent in width to 30 inches to every 100 of seating capacity to the auditorium, assembly rooms and school rooms; provided, however, that the number of persons al- lowed in such building at any one time shall be limited by the width of stairways available as exits therefrom. In every school house two or more stories in height two or more stairways shall be provided not less than four feet in length and shall be placed at opposite ends of the building or as far apart as practicable. Stairs shall be so built that the risers shall not be more than six inches and the treads shall not be less than 11-1/2 inches. All stairways shall have railings on each side thereof and no stairway shall ascend a greater height than 13 feet without a level landing, the dimensions of which in the direction of the room of the stairs shall be of not less width than the width of the stairs. No windows shall be permitted in any stairs. STAIRS AND LADDERS TO SCUTTLES. Section 314. All buildings having a scuttle in the roof shall have a ladder or stairway leading thereto from the floor below and such ladder shall be stationary or hung to the under side of the roof and in an acces- sible place. Chapter XV. EXITS AND DOORS, MEANS OF EGRESS NUMBER OF EXITS, WHERE REQUIRED. Section 315. Every building, except dwellings and every story in each building above the first shall have at least two means of exit remote from each other; one of these open to a street or fireproof passage leading to a street and one may be open to a yard or other space deemed safe to the Building Commissioner and of sufficient area to accom - modate all persons in the building. Two means of exit remote from each other shall be provided from each story dwelling, when over three stories in height. (Fire escapes are classed as exits.) WIDTH OF EXITS. Section 316. When exit doorways have a clear width of at least 40 inches each, the aggregate widths of doorways shall be equal to the required width of corridor or stairway served by same. When individual doors are less than 40 inches wide, there shall be one doorway for each 22 inches of required width of corridor lead- ing to same. Every doorway shall be at least 27 inches wide in the clear. All passageway exit doors shall swing in the direction of exit travel, except in case of horizontal exits where direction of travel may be indeterminable. DOORS TO OPEN OUT. Section 317. The entrance and exit doors of all hotels, churches, lodge halls, court houses, assembly halls, theatres, opera houses, colleges and public school houses, and other structures where the hazard is deemed sufficient by the Building Commissioner, and the entrance doors to all class and assembly rooms in all public school buildings shall open outward and shall not be fastened against exit or so the same cannot be easily opened from within. NUMBER OF DOORWAYS. Section 318. Every room having an occupancy of more than 75 persons shall have at least two doorways remote from each other leading to exits. HALLWAYS AND CORRIDORS, WIDTH. Section 319. Hallways or corridors at the street or court level furnishing exit from stairways shall be not less in width than the aggregate width of the re- quired stairways which they serve. Every hallway or corridor which may serve as an exit for 50 or more persons shall have at least 44 inches of width for the first 50 persons and six inches ad- ditional for each additional 50 persons to be ac- commodated, thereby. This computation shall be based on the number of persons in the story having the largest occupancy served by said corridor. LOCKS ON LOFT DOORS. Section 320. At all times when any loft or space is occupied for manu- facturing or mercantile purposes, the fastenings or locks on exit doors shall be easily opened from the inside without the use of keys. EXIT AND ELEVATOR SIGNS. Section 321. A clearly painted sign marked "Exit" in letters not less than 6 inches in height shall be placed over all exits in the above specified buildings. The eleva- tors shall be provided with similar signs marked "Elevator". Such signs shall be illuminated when necessary by means of artificial lighting. Chapter XVI. HEATING—GENERAL CONDITIONS PERMIT AND FEE. Section 322. (a) Before commencing 'the installation or repair of any heat- ing or ventilating apparatus in any building or structure in the City of Dubuque, a permit therefor shall first be obtained by the owner, or his agent, from the Building Commissioner, and it shall be unlawful to commence any such work unless a per- mit shall first have been obtained and payment of fee, which is two dollars. No permit is. necessary on work costing $ 100.00 or less, provided such work does not conflict with any of the regulations herein contained. CERTIFICATE OF OCCUPANCY. Section 323. Upon satisfactory completion of all heating work in all buildings, the heating contractor shall get a certificate of acceptance from the Building Com- missioner and no structure will be accepted by the city and no certificate of occupancy issued to owner until certificate of acceptance has been is sued. NEW BUILDINGS. Section 324. The contractor for the construction of any heating and ventilating apparatus in a building shall notify the Building Commissioner when the heating stacks or pipes are in and register box installed and building is ready for lathing. Final inspection will be made at the time of general final inspection of entire building. EXISTING BUILDINGS. Section 325. When the heating is being installed in an old building, heating contractor shall notify the Building Commissioner when heating stacks or pipes and register box are in, and when work is entirely completed and ready for acceptance. HOT AIR PIPES. Section 326. All pipes for the distribution of hot air shall be of metal or non-com- bustible material, and when vertical pipes are in- closed in partitions or any covering of combustible materials, such pipes shall be covered with asbes- tos paper of not less weight than .14 pounds per square foot, or with other approved material of equal non -conducting and non-combustible quality, and be kept at least two inches away from all wood- work or combustible material unless such woodwork be tinned, and then they shall be kept not less than 3/8 inch away from such work or combustible ma- terials. Horizontal hot air pipes in basement shall be kept at least 6 inches away from all woodwork or combustible materials unless the same be protected by metal shields or by plaster, and then they shall not be nearer than 2 inches to such woodwork or combustible materialsj and where such horizontal pipes are concealed or surrounded by woodwork or other combustible material in the same manner as is herein required for vertical pipes. All register boxes shall have a separation from all woodwork or combustible material, equal to that herein re- quired for concealed hot air pipes. Section 326A. The above requirement will not be applicable to installations in existing buildings. Hot air pipes in existing buildings will, however, be required to be carefully covered with asbestos paper of not less than .26 lbs. per sq. ft. or with other approved material of equal non-conductive and non-combustible quality. REGISTER OVER BRICK FURNACES. Section 327. A register located over a brick furnace shall be supported by a brick shaft built up from the cover of the hot air chamber, said shaft shall be lined with a metal pipe and no woodwork shall be within ?. inches of the outer face of the shaft. ALLOWANCE FOR EXPANSION AND CONTRAC- TION. Section 328. Steam or hot water heating or power systems shall be so designed and installed that the expansion or contraction of any piping shall not increase the tension, compression, shearing or twisting strain on any fitting, radiator connection, or other part of such system beyond the safe work- ing stress of such part. RADIATORS—HOW SUPPORTED. Section 329. No radiator coil or other heating surface shall be supported on any supply or return piping connection to same, but must be carried on floor, or in hang- ers rigidly fastened to wall, floor or ceiling. FLOOR SLEEVES REQUIRED. Section 330. In all buildings hereafter erected, all steam and hot water heating pipes passing vertically through floors and ceilings or lathed and plastered partitions shall be protected by a metal tube one inch larger, in diameter than the pipe. HIGH TEMPERATURE APPARATUS, BASE FOR. Section 331. High pressure steam boilers, bakery ovens or furnaces in which fires are maintained, producing a high degree of heat, shall rest on the ground, a trimmer arch, or a fireproof floor. 171 LOW TEMPERATURE APPARATUS, BASE FOR. Section 332. Coffee roasters, fire heated candy kettles, laundry stoves, coal ranges, without legs, and similar appliances where hot fires are used, shall rest upon fireproof foundations as described. However, the Building Commissioner's written permission may allow them to be placed upon wooden floors, if the floors are protected by sheet metal or on a 1/8 inch layer of asbestos building lumber, covered with not less than 4 inches of masonry set in cement mortar. Such masonry • shall consist of one course of four inch hollow terra cotta, or of two courses of brick or terra cotta, at least one of which shall be hollow and be laid to preserve a free circulation of air through- out the whole course. Concrete may be substituted for a course of solid brick, if desired. The mason- ry work shall be covered by sheet metal or not less than No. 26 gauge so arranged as not to ob- struct the ventilating passage beneath. Such hearths shall extend at least 12 inches on the sides, back and front of the furnace, range or similar heating appliance; if solid fuel is used, the front extension shall be at least 24 inches. Low pressure heating boilers shall rest upon fireproof founda- tion. BOILERS AND FURNACES. Section 333. Heat- ing boilers shall be encased on sides and top by in- combustible protective covering not less than one and one-half inches thick and the overhead clear- ance of such covered boilers and hot air furnaces shall be not less than 6 inches. Any woodwork within 18 inches of the top of such boilers or furnace shall be protected by a loose fitting metal shield, but such shields shall not be placed so as to form concealed spaces. All hot air furnaces with flat tops shall be covered on top with at least three inches of mineral wool, or its equivalent. All furnaces with conical tops shall have the cone filled with mineral wool or its equivalent. CUTTING BOILERS. Section 333A. Whenever any boilers or metal casting shall require cutting with acetylene blow torch, this work shall not be done without first having a permit therefor, the cost of which permit shall be $ 2.50. While the torch is in operation the same shall be protected with a metal housing to prevent molten metal from falling onto the floor, ceiling or partitions. All of such work shall be done under the supervision of a member of the fire department. Any person violating this provision of the ordinance shall be subject to a fine of not less than $ 5.00 nor more , than $ 25.00, for each offense and imprisonment until such fine is paid, not to exceed 10 days in jail. STOVES AND RANGES, DISTANCE FROM WOODWORK. Section 334. No kitchen range or stove excepting gas in any building shall be placed less than 6 inches from any woodwork or wooden lath and plaster partition, unless the woodwork or partition is properly protected by metal shields in which case the distance shall be not less than three inches. Metal shields shall be so attached as to preserve an air space behind them. WALLS FURRED WITH WOOD, PROTECTION OF. Section 335. No furnace, boiler, or other heating appliance shall be placed nearer than one foot from a wall furred with wood. 172 GAS HEATERS, LOCATION. Section 336. Gas heater shall be placed at least 12 inches from all unprotected woodwork. BAKE OVENS. Section 337. All bake ovens shall rest on non-combustible foundations or sup- ports. The sides and ends shall be at least 2 feet from any woodwork and the crown of arch at least four feet from ceilings having wood joists. CORE AND ANNEALING OVENS. Section 338. All core and annealing ovens and any portable smelting furnaces shall be set on non-combustible hearths not less than 6 inches thick with an air space of not less than five inches between hearths and the bottom of such furnaces. The construction of hearths and the protection of surrounding wood- work shall be as required in Section 332. SMOKE PIPES. Section 339. No smoke pipe shall pass through any floor, nor through a non - fireproof roof. Smoke pipes for large cooking ranges, hot air furnaces, low pressure steam or hot water boilers shall be not less than 18 inches below any wood lath and plaster or other combus- tible ceiling, unless at least the upper half of such smoke pipe is properly protected by one inch or more of asbestos covering or its equivalent, or by a metal casing spaced 2 inches from the upper half of the pipe. If so protected, smoke pipes shall be not less than 9 inches from any wood lath and plas- ter construction. PASSING THROUGH PARTITION OF WALL. Section 340. Where a smoke pipe passes through a wood lath and plaster or other combustible par- tition or wall, a section of the partition or wall shall be removed and the smoke pipe so placed that no part of it shall be nearer than 2 inches to any remaining combustible part of the partitions. The section of the partition or wall so removed shall be replaced by approved fireproof material only, and an air space of at least 2 inches shall be preserved on all sides of the smoke pipe. CONCEALING IN WOOD PARTITIONS PRO- HIBITED. Section 341. No pipes conducting prod- ucts of combustion shall be concealed in any wood partitions. SMOKE PIPES MUST BE RUN ABOVE ROOF. Section 342. No pipe conducting the products of combustion shall project through an external wall unless connected with a chimney or metal stack carried at least 3 feet above the roof. This does not include small gas water heaters. GAS SMOKE PIPES MUST BE CONNECTED DIRECT INTO CHIMNEY. Section 343. No pipe conducting the products of combustion from any heater burning gas as the fuel shall be connected into any other smoke pipe used by other heating apparatus. STANDARD FIREPROOF HEATER ROOMS - CONSTRUCTION. Section 344. When fireproof apartments for the heating apparatus, the furnace or boiler, including the breeching fuel room and firing space shall be enclosed in brick walls not less than 9 inches thick or by monolithic con- crete walls not less than 6 inches thick, the ceiling over same shall be not less than the following: Reinforced concrete slab, 4 inches thick; brick arches four inches thick covered with one inch of cement mortar and supported by fireproof steel with the necessary tie rods; hollow tile arches, 6 inches thick, covered with 2 inches of concrete plastered on•the under side and supported by fire- proof steel with the necessary tie rods. OPENINGS, FIRE DOORS REQUIRED. Section 345. All openings into the apartment shall be covered by standard self closing fire doors. Chapter XVII. VENTILATION MECHANICAL SYSTEM OF EXHAUST VENTI- LATION. Section 346. A mechanical system of exhaust ventilation consists of a fan mechanically propelled which will remove air from rooms, apartments or devices it is installed to serve. GRAVITY SYSTEM OF EXHAUST VENTILA- TION. Section 347. A gravity system of exhaust ventilation consists of vertical flues connected to registers or openings in the rooms or apartments to be ventilated. These vertical flues shall be carried up above the roof of the building, having at the top an efficient cowl or ventilator, or shall vent into attic space, whether or not the vertical flues have accelerating coils or radiators. THEATRES, ASSEMBLY HALLS, ETC. Section 348. Every hall, auditorium or room of every building hereafter erected or converted to use as a school house, theatre or place of public assembly or entertainment, shall have in continuous opera- tion, while occupied, a system of ventilation so designed and installed as to provide not less than 25 cubic feet of outer air per minute, for each per- son when occupied by fifty people or more, or when one-half the seating capacity of room is utilized. RETAIL DEPARTMENT STORES. Section 349. Every building, hereafter erected for or converted to use as a retail department store, shall have in operation while occupied a system of ventilation so designed and installed as to provide at least the following number of complete air changes per hour. BASEMENTS. Section 350. Basements used for retailing merchandise or for locker rooms, rest rooms, or such other rooms are required by ordi- nance to be ventilated, 4 changes per hour. AMOUNT OF VENTILATION ON EACH FLOOR. Section 351. Basement, 4 changes per hour. Floors above, 3 changes per hour, unless sufficient natural ventilation is provided by the Ordinances of the City of Dubuque and maintained while occu- pied. RESTAURANT KITCHEN. Section 352. Every building or part thereof, hereafter erected for or converted to use as a restaurant, lunch room or kitchen shall have in operation while occupied a mechanical system of exhaust ventilation so de- signed and installed as to exhaust the air of the entire kitchen at least four times per hour, if the kitchen and restaurant or lunch room are separate, if not separate, four changes will be required for the entire restaurant or lunch room and its kitchen. FACTORIES AND WORKSHOPS. Section 353. Every building, room or part thereof hereafter erected for or converted to use as a factory or workshop, in which there shall be less than 20 sq. ft. of floor space for each employee or occu- pant, shall have in operation, while occupied, a mechanical system of ventilation so designed and installed as to provide at least four complete air changes per hour. Every factory in which there are more than 20 sq. ft. of floor space for each em- ployee or occupant, shall have in operation, while occupied, a system of ventilation so designed and installed as to provide at least 3 complete air changes per hour. If sufficient natural ventilation is provided, the mechanical system is not neces- sary. HOSPITALS, DETENTION BUILDINGS, ETC. Section 354. Every building hereafter erected for use as a hospital for housing the sick, infirm, imbeciles or children and also every jail, police station, asylum, house of correction and detention, and also every home for the aged and decrepit where sleeping accommodations are provided with a system of ventilation so designed and installed as to provide not less than 4 changes of air per hour in the dormitories, cells, blocks, wards, pub- lic sitting rooms, toilet rooms and any other room, or parts of such buildings where the inmates may congregate as hereinafter provided. CHURCHES. Section 355. In every building hereafter erected for or converted to use as an assembly room or church auditorium, where such auditorium has a seating capacity in excess of three hundred or where the clear story height is less than 15 feet shall have in operation, while occupied, a mechanical system of ventilation so designed and installed as to provide not less than 4 complete air changes per hour unless sufficient natural ventilation is provided for. If the seating capacity of any auditorium is three hundred or less and if the clear story height is less than 15 feet, or more, a modified system of ventilation, which shall meet the approval of the Building Commissioner, may be installed. CARBON DIOXIDE TESTS -NEW BUILDINGS. Section 356. The amount of carbon dioxide in the air of any building or part thereof, hereinbefore mentioned in this section, shall be not permitted to rise above ten parts of carbon dioxide per 10,000 parts of air. CARBON DIOXIDE TESTS. EXISTING BUILD- INGS. Section 357. The amount of carbon dioxide in the air of any building or part thereof, erected prior to the passage of this ordinance, shall not be permitted to rise above 12 parts of carbon diox- ide per. 10,000 parts of air. CARBON DIOXIDE TESTS, GENERAL. Section 358. Whenever tests of the ventilation of any build- ing or part thereof show that the percentage of car- bon dioxide in the air is greater than the maximum prescribed in this section, then the Commissioner of Buildings may require additional ventilation until the percentage of carbon dioxide does not exceed the prescribed maximum, whether or not the re- quirements of this section as to the air change of cubic feet per minute for each occupant have been complied with. EXCEPTIONS TO TESTS. Section 359. The above provisions and standards as to ventilation shall not apply to storage rooms and vaults, or to any place where the manufacturing processes therein conducted would be materially interfered with or where the manufacturing processes therein conducted would produce considerable quantities of free carbon dioxide except that the air in such rooms or vaults or any places of manufacturing, shall not be permitted to become detrimental to 173 the health or safety of those who enter or work therein. CELLAR OR BASEMENT AIR PROHIBITED. Section 360. No part of the fresh air supplied in compliance with the requirements of this section shall be taken from any cellar or basement. AMPLE AIR, LIGHT, FLOOR SPACE RE- QUIRED. Section 361. No person, firm or corpora- tion, either as owner, proprietor, lessee, manager or superintendent of any factory, mill, workshop or any other building where one or more persons are employed, shall cause, permit, or allow the factory or mill, workshop or other building to be overcrowded or to have inadequate, faulty or insuf- ficient light or ventilation. EXPOSURE TO DRAFTS, FUMES, ETC., PRO- HIBITED. Section 362. No person shall be exposed to any direct draft from any air inlet. All poison- ous or noxious fumes or gases arising from any process, and all dust of a character injurious to the health of persons employed which is created in the course of a manufacturing process within such factory, mill, workshop or laundry, shall be re- moved by either mechanical ventilation or exhaust devices. VENTILATION OF TOILET ROOMS AND FIX- TURES. SEPARATE SYSTEM REQUIRED. Section 363. Toilet room ventilation, whether gravity or mechanical exhaust shall not be connected to any system ventilating other parts of a building, but shall be a separate and distinct system discharg- ing above the roof of the building unless the system is properly designed to properly ventilate the toil- ets by the system. SMALL TOILETS, NO OUTSIDE WINDOWS. Section 364. Compartments containing not more than 4 water closets and without sufficient windows in the external walls of the building, shall be pro- vided with a.gravity or mechanical system of ex- haust ventilation so designed and installed that it will change the air not less than 4 times per hour. LARGE TOILETS WITH OUTSIDE WINDOWS. Section 365. Compartments containing more than four water closets and having sufficient windows placed in the external walls of the building, shall be provided with a gravity or mechanical system of exhaust ventilation so designed and installed that it will change the air not less than 4 times per hour. LARGE TOILETS WITH NO OUTSIDE WINDOWS. Section 366. Compartments containing more than four water closets, and without sufficient windows in the external walls of the building shall be pro- vided with a mechanical system of ventilation so designed and installed that it will change the air not less than 4 times per hour. LOCAL VENTING. Section 367. All rooms or compartments containing latrine or urinals pro- vided with local vents shall be ventilated through the fixtures and when such ventilation does not provide four changes of air per hour, additional ventilation shall be provided. REQUIRED WINDOW AREA. Section 368. The required outside window area referred to in this article shall not be less than 3 square feet, with an additional window area of 1 square foot for each fixture contained and such windows shall open directly upon a street, alley, yard or court. At 174 least one-half of the required window area shall be arranged to open. FRESH AIR SUPPLY. Section 369. The fresh• air supply shall be taken outside the building from a source approved by the Building Commissioner, and no vitiated air shall be reheated. SEPARATE VENT DUCTS AND EXCEPTIONS. Section 370. No vent or flue shall serve more than 3 rooms except where a mechanical system is used, and the connections between ducts or flues are above the topmost or below the lowermost floor which the system is intended to serve. FIRE STOPS. Section 371. All fresh air open- ings within 30 feet of any other building, structure, or lot line, shall be provided with a fine mesh wire screen to prevent sparks from entering. Chapter XVIII. MISCELLANEOUS PARTS OF BUILDING FIRE ESCAPES—STATE LAW BUILDINGS REQUIRING FIRE ESCAPES. Section 372. All buildings, structures, or enclo- sures of three or more stories and such other buildings of a less number of stories as are in- cluded by law and which buildings are not equipped with fire escapes or which buildings may hereafter be erected, or the fire escapes of which are re- newed, or in need of renewal shall be equipped with such protection against fire and means of escape as is by law provided. The word "building" used in the law relating to fire escapes and protection against fire and means of escape from buildings shall be held to include all of the structures or enclosures embraced in this section or referred to more specifically in the law relating to fire es- capes, protection against fire and means of escape from buildings. When a basement is 5 feet or over above ground; it shall be counted as a story. NUMBER REQUIRED. Section 373. Every build- ing, structure or enclosure of three or more stories and every schoolhouse of two stories and not pro- vided with two inside stairways located approx- imately at each end of the hallway in the second story and every structure having a stage and every theatre or opera house of more than one story or having balconies or galleries shall have the num- ber of fire escapes of the kind prescribed by law, which minimum number shall be based upon the following formula: Number of fire escapes-CXP. P equals the average maximum number of per- sons on any story above the first story having the largest number, such number to be fixed and deter- mined according to the purpose for which the build- ing is used. C is a coefficient, and is fixed and shall be taken for the various classes of buildings as fol- lows: Buildings having a wooden or combustible wall, C equals .020. Buildings having brick or non-combustible walls with combustible interior, C equals .014. Buildings having brick or non-combustible walls with combustible roof and slow burning construc- tion, C equals .012. Buildings of fireproof construction throughout, C equals .007. Buildings of wooden or combustible walls equipped with efficient water sprinkler system, C equals .014. Buildings of brick or non-combustible walls and non-combustible interior equipped with efficient water sprinkler system, C equals .008. Buildings having brick or non-combustible walls and combustible roof and slow burning construction equipped with efficient water sprinkler system, C equals .006. Fireproof building equipped with efficient water sprinkler system, C equals .003. When the result of the said formula is one or any fraction thereof, the number of escapes shall be equal to one. The number of escapes above one shall be a number sufficient to cover the number indicated by the formula, including any fraction as unity, except when such .Fraction shall be 33 hun- dredths (.33) or less, in which case the fraction may be dropped if permitted by the inspector. LOCATION OF FIRE ESCAPES KEPT AWAY FROM STAIRWAYS, ETC. Section 374. The first fire escape required by law shall be placed as far as possible from the existing inside stairway or exits to the lower floors of the building, taking into account the hazard and the path or route of access to the escape from such stairway. DISTANCE FROM STAIRWAY TO FIRE ES- CAPES. Section 375. The distance from any inside stairway or exit to the lower floor to the nearest fire escape shall not exceed two hundred feet by way of the path or route of access to such fire es- cape from such stairway or exit. PATH TO FIRE ESCAPE OVER TWENTY FEET FROM STAIRWAY. Section 376. Additional fire escapes to those otherwise provided by law shall be provided wherever it is necessary to pass within 20 feet of any stairway or elevator shaft from any portion of the building more than 20 feet from such stairway or shaft to reach the fire escapes required by the other provisions of law and where there are peculiar, unusual and extreme hazards additional fire escapes may be required by those authorized by law to regulate and fix the number and require- ments of fire escapes. NUMBER OF FIRE ESCAPES GOVERNED BY CAPACITY TO DISCHARGE PERSONS. Section 377. Provided also that if by reason of the height of buildings or by reason of many or all stories above the second story of such building having near the average maximum of persons occupying such buildings shall be equipped with a sufficient number of fire escapes to permit the exit of such average maximum number of persons occupying such buildings above the first story, permanently or temporarily in the course of business with the following periods of time: Buildings with wooden or combustible walls, 2 minutes. Buildings having brick and non-combustible roof construction, four minute Buildings having brick with combustible interior or non-combustible walls and slow burning interior s. or non-combustible walls , three minutes. Buildings of fireproof construction throughout, fifteen minutes, or a less period of time if hazard of mercantile contents of such building may so re- quire. In estimating the period of time required, the rate of descent on the fire escapes shall not be taken in excess of one and five tenths feet of vertical distance, or height per second, when said fire escapes are fully loaded, which rate of descent shall be estimated to permit the exit of not to ex- ceed one person per second, provided that the time of complete exit, as herein provided, may be in- creased where efficient sprinkler systems in- stalled, such increase of time to be determined by the character and efficiency of the sprinkling sys- tem installed unless peculiar or unusual hazards shall exist. CONSTRUCTION OF FIRE ESCAPES --STATE LAW. Section 378. All fire escapes shall be con- structed as described in the following classifica- tions: Class A. Fire escapes of this class shall con- sist of those more safe and efficient than outside ladders and stairways and which shall have been approved as such by the Commissioner of the Bureau of Labor Statistics and may include inside stairways and means of escape in fireproof build- ings, when approved by said Commissioner. Class B. Fire escapes of this class shall con- sist of a suitable outside stairway of not less than 22 inches clear width of steel or wrought -iron constructed with platforms and with stationary stairway carried down to within six and one-half feet from the ground or with a drop or counter- balanced stairway from the second story platform or balcony to the ground. Class C. Fire escapes of this class shall con- sist of at least one ladder not less than eighteen inches in width of steel or wrough-iron construc- tion, of sufficient size and strength for safety, attached to the outside walls of the building and provided with platform of steel or wrought -iron enclosed by suitable railings, and of such dimensions and in such proximity to the windows of each story above the first so as to render access to the lad- der from each story easy and safe, the said ladder to extend to within six and one-half feet from the ground or to be provided with a drop ladder hung at the second story in such a manner that it can be easily lowered for use. All fire escapes reach- ing the top floor shall be suitable extensions reaching from the upper platform to safe landing on the roof of the building. MATERIAL, ARRANGEMENT AND LOCATION. Section 379. All of the above classes of fire es- capes shall be of suitable material, construction, arrangement and location to make the same safe and efficient and no fire escape of a higher class shall be less safe and efficient than of a lower class and to the provisions of each lower class with respect to platforms, access to windows and open- ings and sufficiency of strength shall apply to up- per class, except where allowed to be modified by those having authority. WINDOWS AND OPENINGS TO FIRE ESCAPES. Section 380. (a) All fire escapes of any of the fore- going classes shall have such necessary windows or openings leading to the platforms or balconies 175 of the same as shall be necessary to make the same safe and efficient and all routes or paths of access to said fire escapes shall be safe and sufficient, with all doors of rooms leading to fire escapes one- half glass and equipped with mortise latches or equivalent that the same may be easily and quickly opened by breaking the glass and turning the latches from the inside of the doors, all so as to render access to the fire escapes from each floor above the first easy and safe. All windows or doors lead- ing to the platforms of fire escapes shall not be fastened against exit. (b) Metal Windows Where Fire Escapes Pass. Where fire escapes are required in buildings here- after erected or constructed the windows by which they pass shall be approved metal frames, sash and wire glass. ANCHORAGE OF, FIRE ESCAPES. Section 381. The attachment of all fire escapes shall be made in a thorough and substantial manner and sufficient to carry the full load that may be placed on said fire escapes when the same are crowded, with a factor of safety of not less than, four. SIGNS FOR FIRE ESCAPES. Section 382. Suit- able signs indicating the location of fire escapes shall be posted at all entrances to elevators, stair- ways, landings and in all rooms. In all buildings which are used for lodging or sleeping purposes and in opera houses, theatres and public assembly halls red lights shall be maintained at night or when the buildings are darkened, to indicate the place or opening through which access to the fire escapes is obtained. KIND OF FIRE ESCAPES TO USE. Section 383. Hotels, lodging houses, tenements, apartment build- ings, schools, retail or department stores, seminar- ies and college buildings, office buildings, hospi- tals, asylums, opera houses, theatre, assembly halls and factories when required to be equipped by law shall be equipped with fire escapes of Class "A" and Class "B". All other buildings and struc- tures required to be equipped with fire escapes shall be equipped with some one or more of said classes of fire escapes. CLASS "C" WHEN PROHIBITED. Section 384. Class "C" shall not be used on any building over three stories in height in which more than five per- sons are at any one time allowed upon any one of the floors above said third story, nor where any ofthe persons allowed upon any floor above third story are females or minors; provided however, the Com- missioner of the Bureau of Labor Statistics may, under peculiar conditions, and where the hazards are not great, permit fire escapes of Class "C" to be used on buildings of more than three stories but when ladder fire escapes are permitted on build- ings, more than three stories in height, the ladders thereof must offset at the platforms and not be con- tinuous from one story to the next. DOUBLE FIRE ESCAPES, DEFINED. Section 385. Where stairways not less than 44 inches in clear width are provided, they shall be taken as the equivalent of 2 or more single stairways in propor- tion to their width, provided the means of escape are not thereby diminished. DUTIES OF INSPECTOR. Section 386. It shall be the duty of the Building Commissioner to in- spect all fire escapes within his jurisdiction, except such buildings as hotels and factories as are re - 176 quired otherwise to be inspected bylaw, and he shall, as often as necessary, and whenever com- plaint is made, carefully inspect and examine such fire escapes and such inspection shall include the openings and means of access to the said in- terior exit to a lower floor and said fire escapes and shall include the openings and means of access to the said fire escapes and shall include signs, lights, exits and means of escape of all buildings required to be equipped with fire escapes and required to have certain exits and means of escape, and upon the complaint or request of any person that any fire escape, exit or means of escape from fire or any rule or regulation relative thereto or• relative to protection against fire is being violated, such inspector shall examine into the complaint or request and determine what, if any, requirements shall be made in relation thereto, and shall have power to make all reasonable requirements and regulations in conformity with law and to determine all matters with respect to fire escapes, protection from fire and means of escape from buildings. Said Commissioner, however, shall be subject to and his duties shall not conflict with the duties of inspection of the Commissioner of the Bureau of Labor Statistics, the engineer of the State Board of Health and their assistants or deputies. DUTIES OF COMMISSIONER OF BUREAU OF LABOR. Section 387. The Commissioner of the Bureau of Labor Statistics shall have general charge and supervision of the inspection and regu- lation of fire escapes and means of escape and of the enforcement of the law relating thereto and for this purpose, the inspector named herein shall be subject to his direction and to the rules and regu- lations adopted by such Commissioner. The said Commissioner shall adopt standard uniform speci- fications for the various classes of fire escapes, provided by law, and shall keep such specifications on file in his office, and shall furnish copies of such specifications to all persons made by law inspec- tors of fire escapes and means of escape from fire and such persons shall keep the same on file in their respective offices. NOTICE SERVED BY INSPECTORS. Section 388. It shall be the duty of any inspector required by law to inspect fire escapes or means of escape from fire, to serve, or cause to be served, a writ- ten notice in behalf of the Stafe of Iowa upon the owner, if he be not a resident of such county, then upon his agent or lessee, that the buildings within this state are not provided with fire escapes in accordance with the provisions of this act, or that the fire escapes or means of escape from fire are defective, unsafe or dangerous, notifying such own- er of such want of fire escapes, conditions of the building, defective, dangerous or unsafe means of escape from fire, or any matter relating thereto and notifying him to comply with the law and re- quirements of the inspector or Commissioner, with- in sixty days after the service of such notice, pro- vided the time of such notice may be extended by the Commissioner of the Bureau of Labor Statis- tics, if necessary. APPEALS ON RULING FOR FIRE ESCAPES. Section 389. The owner, by himself, his agent or lessee, may appeal from the action or requirement of any inspector at any time within the said sixty days after the service of such notice, by a written communication addressed to said Commissioner, setting forth such objections as may be taken to the complaint, requirement of regulation of such inspector, and it shall be the duty of the Commis- sioner to pass upon and determine all matters of disagreement relating to fire escapes and the means of escape from fire, from buildings and all rules, regulations, findings and order of the Com- missioner shall be reasonable and not unduly bur- densome, wherever it is within the discretion of the Commissioner. POWER OF COMMISSIONER OF LABOR STATISTICS. Section 390. The Commissioner of the Bureau of Labor Statistics shall make all nec- essary rules and regulations to carry out the pur- pose of this law and for all buildings wherever constructed and have the same printed in pamphlet form for distribution «nd he shall have the power to approve any and all plans relating to fire es- capes of the various classes, and it shall be his duty to see that the same conform to the law, to make rulings and orders relative to the law, and where any dispute or disagreement arises with respect to the plans and specifications for any fire escapes or means of escape from fire, the Com- missioner shall have the power and authority to determine and pass upon the same, and make orders relative thereto. Said inspector shall, sub- ject to final decision of the Commissioner, have power to determine the, number of exits from all theatres, opera houses and assembly halls, and those having one or more balconies and the rela- tion of such exits to the fire escapes and shall re- quire and enforce the requirements that all exits shall not be fastened against exit. HOTELS. Section 391. Every hotel shall be provided and equipped with fire escapes and means of exit and escapes from fire, as is otherwise than in this chapter, provided by law, and all such laws shall be additional to the provisions of this chapter and in addition thereto, every bedroom or sleeping apartment which has no other approved fire escapes about the ground floor, excepting in hotels which are approved fireproof construction, and shall be provided with a manila rope at least 5/8 of an inch in diameter and of sufficient length to reach the ground, with knots or loops not more than 15 inches apart, and of sufficient strength to sustain a weight and strain of at least 500 pounds. Such ropes shall be securely fastened to the building as near the window as practicable and shall be kept coiled in plain sight at all times, nor shall such rope be covered by curtain or other obstruction. Provided, however, that any other contrivance or appliance for reaching the ground from said bedroom or sleeping apartment may be used in lieu of said rope, if approved by the State Hotel Inspector. The provisions herein as to providing ropes shall apply to all hotels of more than one story. RUNWAYS TO FIRE ESCAPES IN HOTELS WITH INSIDE COURT. Section 392. (a) Every ho -- tel, except those which are of fireproof construction, that are constructed with an inside court or light well and with sleeping rooms or sleeping apart- ments, the only outside openings of which open upon or into such court or light well, unless the same extends to the ground floor with suitable means of exit, shall have such court or light well supplied with suitable runway, platform or balcony upon the roof or covering at the bottom thereof connecting with some easy and efficient means of egress to accessible fire escapes, and when the fire hazard is such that said roof or covering at the bottom of such court or light well is in danger of being destroyed by fire, such runway, platform or balcony shall be attached to the walls of the court or light well, as may be required by the in- spector. Any doors or windows interposed between said runway, platform or balcony and the fire es- capes shall not be fastened against the exit. (b) HALLWAYS REQUIRED IN HOTELS. Every hotel hereafter constructed that is three or more stories high shall be provided with a hall on each floor above the ground floor, extending from one outside wall to another and said halls shall be equipped at the end with fire escapes as is other- wise provided by law; provided, however, that in hotels of fireproof construction, the provisions with reference to the hall extending from one out- side wall to another may be modified with the ap- proval of the Commissioner of Labor Statistics, when such buildings are equipped with fire escapes of Class "A". VIOLATIONS. Section 393. Any person who shall violate any of the provisions of law relating to fire escapes or means of escape from fire or any owner, agent or trustee having the full care and control of any building and who has been served with notice, as provided herein, and who shall within 60 days of the service of the notice, or with- in the time, as extended by the Commissioner, fail, and neglect to comply with the requirements of law or of the Commissioner, unless he appeal therefrom or who shall fail, refuse or neglect to perform any order or requirement fixed by law or by the Labor Commissioner, if the same be reason- able, shall be subject to a fine of not less than $ 25.00 and not more than $ 100.00 and shall be subject to a further fine of $ 25.00 for each addition- al week of neglect to comply with such notice, order or requirement. SPECIFICATIONS FOR FIRE ESCAPES, STATE LAW BALCONIES --CONSTRUCTION OF LADDER ESCAPES --SCHOOLS. Section 394. (No second- hand material will he allowed to be used and will be condemned if found in this construction.) All balconies for ladder fire escapes hereafter erected must be of wrought -iron or mild steel, not less than 28 inches deep and 6 feet long, capable of sustain- ing a live weight of 100 pounds to the square foot with a factor of safety of not less than 4. The bal- cony frame shall be made continuous of not less than 1 -34x1 -3/4x1/4 inch angle iron, securely riveted together with cross bars every 2 feet, said bars to be punched 1/2 inch square every 1 and 3/4 inches center, and 1/2 inch square iron forced. through the same, leaving a manhole of not less than 24x24 inches located to clear side of exit to balcony by at least 6 inches. The cross bars to be securely riveted or bolted to the angle iron frame. Said cross bars must be not less than 1-3/4x3/8 inch iron. Balconies over 30 inches wide must have at least one 1-3/4x1/4 inch T iron lengthwise through the balcony. Said balconies to have 1 -34x1 -3/8x1/4 inch angle iron post every 3 feet, bolted to the bal- cony. No balcony to have less than two guard rails. The top balcony rails shall in no case be less than 3 feet above the floor of balcony, and shall extend around the entire platform except the space occu- pied by the ladder, where said top rails shall be securely bolted to side bars of ladder, and in all 177 cases shall enter the wall at each end at least 4 inches, and be securely braced to balcony with 1-3/4x1/4 inch bar, and no top rail shallbe con- nected at angles by gray cast iron. The top rail of balconies shall be 1-3/4x1/2 inch bar, or 1-3/4x 1-3/4x1/4 inch angle iron. All railings to be con- tinuous, except the space occupied by ladder, where said railings shall be securely bolted to side bars of ladder. The bottom rail shall in no case be more than 8 inches above the floor of balcony, and shall be of 1-1/2x3/8 inch bar, or of 1 -12x1 -1/2x 1/4 inch angle iron, leaded or cemented into the wall not less than 3 inches, the standard of filling in bars shall not be less than 5/8 inch round or square iron well riveted to top and bottom rails, and shall be placed not more than 6 inches apart, except where same interfere with use of ladder, and the lower rail shall be securely riveted or bolted to the railing posts of platform. In lieu of the above, a three run 3/4 inch inside diameter pipe railing may be used, all rails to be secured as stated above, and no standard or filling in bars will be necessary. BRACKETS FOR BALCONIES OF LADDER ESCAPE. Section 395. There shall be not less than three 1 inch square or 1 inch diameter round mild steel brackets to every 6 foot balcony, and for all balconies, brackets to be spaced not to exceed three feet apart. Top bar of said brackets must pass through the wall of the building and be bolted on the inside with a nut and 4x4x3/8 inch plate iron wash- er back of nut. The angle of brackets to be 45 de- grees and not less than 30 degrees without special permission from the Commissioner of Labor, and to pass into the wall at least 4 inches at bottom. Where walls are of frame construction or veneered, said brackets must be secured by a 4x3/8 inch plate or two 2x5/16 inch bars securely spiked to each studding on inside of wall and running the full length of balcony. LADDERS. Section 396. Rungs of ladders to be 1/2 inch square iron, with the corners upward, so as to give a safe footing. Every rung to be riveted and to be fourteen inch centers. All ladders must be 18 inches between side guards, which shall be not less than 2x516 inch iron. All such ladders when erected on buildings, to be placed to the side of the windows, opposite the wall or pier, securely fastened with hook bolts on the inside of each bar, to the balconies and not less than 24 inches away from the wall, and to start about 6-1/2 feet from the ground and extend 3 feet above the roof with goose -neck connection securely fastened to the roof or braced to the wall. In lieu of starting lad- der within 6 and 1/2 feet from the ground, a drop ladder may be hung at second story in such a man- ner that it can be easily lowered in case of nec- essity, same to be secured by guides to insure safe upright position when ladder is lower, and to be secured at second story in such manner as to vertical distance between anchorage for all ladders shall not exceed twelve feet. STAIRWAY FIRE ESCAPES. Section 397. Where .tairway fire escapes are erected, the balconies required must be double balconies constructed ac- cording to specifications for balconies, and of suf- ficient length to permit of an easy (about 45 degrees) pitch to the stairs. All balconies shall be not less than 26 inches deep and 12 inches longer than width of exit, said 12 inches to extend in direction of down- ward flight of stairway and shall be not less than 54 178 inchesat turns, and the full width of stairway must be maintained at all turns in stairways. For build- ings where it is more convenient to have continuous stairways, length of balconies is to be not less than the full width of the exit plus 12 inches, said 12 inches to extend in direction of downward flight of stairway, and not less than 26 inches deep. All railings and posts for stairway balconies to be con- structed the same as for ladder balconies, except that posts shall be braced at least every 6 feet to the top member of brackets, which shall extend at least ten inches beyond balcony platform to provide support for a 1-1/4x1-1/4 inch angle or a 5/8 inch round or square brace to posts. No stairway shall be erected closer than 4 inches from any portion of walls of building. Stairways to be securely fastened to the balconies. Stringers for stairs to be not less than 2-1/4x5/16 inch iron, so spaced that no part of tread will protrude beyond stringers, two on each side of stair with steps securely bolted to same. Said steps to be made of at least five 1/2 inch square irons with corners up- ward, firmly riveted to steel plates at each end. Said plates to be 2-1/4x5/16 inch mild steel firmly bolted to stringers and punched 1-3/4 inch, center to center, forming a tread seven inches wide and 22 inches long. Steps to be spaced so as to make about 8 inch rise. Angle iron posts 1 -34x1 -3/4x 1/4 inch shall be spaced not to exceed 4 feet apart on all stairways, and shall be rigidly fastened to the stringer of stairway. Where double width stair- ways are constructed, they must be designed to carry the double load required with a factor of safety of 4, the treads to be composed of at least 5-3/4 inch square irons, corners upward, and firm- ly riveted to steel plates at each end, provided that where a center stringer is used, the treads shall conform to specifications for single stairways. Railings for stairways to be the same as balcony railings, except that no brace posts shall be re- quired, and all double width stairways shall have railings on both sides of double stairway, and on all single width stairways, where there is more than 4 inch space between stairways and the walls, recesses or openings in walls, all such flights shall be provided with railings on the inside, the same as specified for outside of stairways. Where any flight of stairway exceeds 16 feet in length, a bracket complying with bracket specifications, to provide support and stiffening, shall be placed as near midway of the flight as possible. All stairway fire escapes to have a ladder of standard construction extending from top story bal- cony over and 3 feet above the roof with goose- neck construction, the bottom of said ladder to be secured to balcony and in no case shall said ladder be constructed to lean outward from the building. A drop or counterbalanced stairway must be con- structed from the second story balcony to the ground, or a stationary stair may be carried down to within six and one-half feet from the ground. Where cables, sheaves, or weights are used for counterbalance stairways, all sheaves and weights must be safely housed. All counterbalance stair- ways to be so braced and strengthened as to with- stand the stresses produced when loaded stairway strikes the ground. The path described by the operation of counterbalance stairways must be free from any obstructions which might prevent the successful operation of same. Stairway fire escapes where required in alley or street sides of buildings shall be the balanced type and when up shall have a clearance of 12 feet. BRACKETS FOR BALCONIES OF STAIRWAYS. Section 398. Bracket construction of angle iron shall be not less than 1 -34x1 -3/4x1/4 inch angle iron, firmly secured at all points of intersection of main members to 1/4 inch gusset plates, by at least two inch rivets. Where width of balcony ex- ceeds 42 inches, interior braces of 1 -1/2x1 -1/2x 3/4 inch angle iron or its equivalents shall be se- curely riveted to main members of bracket. The anchorage of all angle iron brackets shall consist of 1 inch round iron, securely riveted to the top member of bracket and passing through the wall and secured both above and below as specified for brackets for ladder balconies. RIVETS AND BOLTS,. Section 399. All rivets and bolts used in general construction to be not less than 3/8 inch in diameter, unless otherwise speci- fied, and all rivets to be driven hot, with heads concentric, with all holes well filled, and rivet heads well rounded, where clearance will permit. (All fire escapes shall be painted with no less than two coats of best mineral paint, one coat in shop and one after erection and all holes in mason- ry must be filled with best Portland cement mor- tar.) SCHOOLS. Section 400. For fire escapes on school buildings where small children are congre- gated above the first floor, the standard or filling in bars shall not be less than 5/8 inch round or square iron well riveted to the top and bottom rails of all balconies and stairways, and shall be placed not more than 6 inches apart or a wire mesh filling may be used, the same to be constructed of not smaller than 10 gauge wire with not larger than 1-1/2 inch mesh, securely fastened to all posts and the bottom railings of balconies and stairways. AWNINGS HEIGHT OF AWNINGS. Section 401. All awn- ings to be erected and existing awnings in need of repair and that have depreciated fifty per cent of their original value, shall be properly supported without posts, by iron or other metallic fastenings and supports. Every part of such awning shall be elevated at least seven feet, at the lowest point thereof above the highest point of the grade of side- walk, and shall not project over the sidewalk to exceed 3/4 the width thereof. EXISTING AWNINGS. Section 402. Every part of existing awnings shall be elevated at least seven feet at the lowest point thereof, above the highest point of the grade of the sidewalk underneath awn- ing. CANOPY OR MARQUISE WHERE ALLOWED --HEIGHT FROM WALK. Section 403. Fixed awnings or marquise may be constructed over sidewalks when special permis- sion has been granted by City Council, as a pro- tection to the entrance of buildings, provided such awnings are constructed of metal framework hav- ing a cover filled with wire glass not less than 3/8 inch thick and supported entirely from the struc- ture of the building and without posts or other ob- structions upon the sidewalk. The lowest part of such canopy shall be at least eight feet above the sidewalk. Such awnings must be provided with gutters and conductors. Such awnings shall be well anchored into and through the wall. OUTSIDE STAIRWAYS, PIAZZAS OR BAL CONIES Pij.OHIBITED. Section 404. On any building to be erected or reconstructed, it shall be unlawful to build any outside stairway, piazzas or balconies where same shall project over street or alley line within the City limits except as herein provided for under "Fire Escapes". OPEN AREAS PROHIBITED. Section 405. The use of any part of the sidewalks or alleys in the city for open areas, or areas with railing around is hereafter prohibited around any building to be erected or reconstructed. Every area shall be covered with a nonslipping grating, satisfactory to the Building Commissioner, or a roof to carry required live load. This does not apply to buildings located in flood districts. COAL HOLES AND COVERS MATERIAL AND LOCATION. Section 406. The opening in any sidewalk for a coal hole or ash hole shall be covered in any sidewalk with a substantial iron plate with a rough surface. The entire con- struction and location of all coal holes and other openings shall be subject to the direction and super- vision of the Building Commissioner. REINFORCED CONCRETE SIDEWALKS GENERAL CONDITION. Section 407. A permit shall be obtained for all reinforced concrete side- walks hereafter built in the City of Dubuque. All such sidewalks shall be designed to carry a super- imposed live load of at least two hundred and fifty pounds per square foot. These walks shall conform to specifications, but where same have a direct con- nection with the building, they shall also come under the supervision of the Building Commissioner, and shall conform to engineering requirements as pro- vided in this Code for "Reinforced Concrete". CELLAR DOORS, ETC., IN SIDEWALKS. Section 408. Cellar doors and coal hole covers in walks shall be flush with walk and watertight and approved by Building Commissioner. These doors shall be designed heavy enough to prevent same from sag- ging and must be provided with automatic guard when open, for which condition the contractor will be held responsible. WALLS UNDER REINFORCED CONCRETE SIDEWALK. Section 409. When the earth is exca- vated under any sidewalk, walls not less than 12 inches thick shall be constructed of either hard brick or concrete or cement blocks to retain the earth. BUILDING LINE DISTANCES OF BUILDINGS FROM LOT LINES OUTSIDE FIRE LIMITS. Section 410. Hereafter wherever 50% of the buildings in any block on the side of the street being considered are used ex- clusively for residence purposes, the building line of buildings to be erected shall conform to the natural building line of the block as determined by the existing buildings. When there are no existing buildings in any block the nearest part of buildings 179 1:6 1 I to be erected shall be not less than 20 feet distant from the street line. The Council may establish a new or different building line in any block. The distance of one story private garages and sheds from the lot line shall be at least 10 feet further back than the building line as established for houses. VENEER BUILDINGS HEIGHT LIMITED. Section 411. Outside of the fire limits, frame buildings may have a four inch brick, stone or concrete veneer facing but shall not be over 25 feet in height above grade. The outside basement walls of all veneered buildings shall be of solid masonry and not less than twelve inches thick, if of concrete not less than ten inches thick. CUTTING OF TIMBERS BY PLUMBERS, ETC. GENERAL CONDITIONS. Section 412. Here- after, in all existing buildings, and buildings to be erected or reconstructed, the cutting away of any structural part of the building by the plumbing, heating or electrical contractors, or any of the trades, is absolutely prohibited, except for notch- ing out floor joists or structural part, not deeper than 1-1/2 inches, when same will not weaken the parts, also by drilling of holes in reinforced con- crete floors and roofs and by the above trades, un- less restored to its original strength, is absolutely prohibited. RECESSES FOR PIPES, ETC., SHOWN ON PLANS. Section 413. Hereafter in all buildings to be erected or reconstructed the architects or per- son or persons drawing said plans, shall make the necessary provisions for receiving all piping to be done by various trades so that the structural parts of any building shall not be interfered with in any way. Such provisions shall be under the super- vision of the Building Commissioner, subject to approval of the City Inspectors of various trades. All recesses in walls for piping shall be pro- vided for in a building to be erected while the con- struction is in progress, and no cutting out will be allowed after building is completed. Such recesses shall be shown on the plans and subject to the ap- proval of the Building Commissioner and City In- spectors of other trades. PUBLIC LAVATORIES FLOORS. Section 414. All public lavatories hereafter erected or reconstructed shall have all floors and base made either of tile, marble, cement, composition or other impervious material. Part VII. FRAME CONSTRUCTION Chapter I. GENERAL PROVISIONS ALTERATIONS OF FRAME BUILDINGS INSIDE FIRE LIMITS. Section 415. For alterations to frame buildings, see Sections 503-505, FENCES. Section 416. Wooden fences shall not exceed five feet in height inside City limits. Ex- isting wooden fences within the City limits shall be made to conform with this requirement. This does not apply to industrial plants or yards. 180 Chapter II. FRAME CONSTRUCTION INSIDE FIRE LIMITS ROOF COVERING. Section 417. No frame building or structure shall be erected within the fire limits except the following; and all roofs placed upon such buildings or structures shall have approved covering. See section 277. TEMPORARY SHEDS. Section 417A. Temporary one-story frame buildings for use of builders and temporary stands, platforms, booths and tents used for which permits shall be obtained from the Build- ing Commissioner. Such frame structures for use of builder, in connection with the erection of a new building, shall be removed as soon as the building is completed; other temporary frame structures shall be removed as soon as they have ceased to serve the original purpose for which they were per- mitted. ONE STORY OPEN SHEDS. Section 417B. One story sheds open on the long side, not over 15 feet high, with sides covered with incombustible mate- rial, and with an area not exceeding 5,000 aquare feet. A wooden fence shall not be used to form the back or side of such sheds. OUTHOUSES. Section 417C. Small outhouses not exceeding 150 square feet in area and 8 feet in height. ICE HOUSES. Section 417D. Ice houses not ex- ceeding 15 feet in height nor more than 300 square feet in area. Wooden sheds, ice houses or out- houses shall not be located within five feet of any lot line nor less than 30 feet from any building over one story high. Section 417E. Porches are also excepted. Chapter III. FRAME CONSTRUCTION OUTSIDE OF FIRE LIMITS Alterations, see Section 502 to 506. HEIGHT OF BUILDING AND FLOOR AREA. Section 423. No frame building shall exceed two stories or 30 feet in height except that dwellings occupied by not more than two families except as provided for in Section for tene- ments two stories in height, may have two and one- half stories, provided they do not exceed 30 feet in height or 3,000 square feet in area. The attic in a two and one half story house may be used for sleeping rooms. No family shall be domiciled above the second story. Towers, turrets or mina- rets on such buildings may exceed the foregoing limit in feet, provided the greatest horizontal dimension of such structures does not exceed fif- teen feet; except also that a church spire may be constructed of wood to a height not exceeding seventy-five feet from the ground, but such spire shall not be placed nearer any other building or structure than the equivalent of its height measured from its masonry support to the pinnacle. AREA OF BUILDINGS LIMITED. Section 424. No frame building erected for any occupancy other than buildings of Class "F" shall cover a ground , area exceeding 5,000 square feet except as re- stricted in Section 425; except also that a frame building equipped with an approved system of automatic sprinkler, may have an increase in area of 66-2/3 % or 8,333 square feet. DISTANCE FROM ADJOINING PROPERTY. Section 425. Frame buildings of Class "F" and frame buildings of other classes having an area exceeding 5,000 sq. ft. without sprinklers, shall not be placed within 35 feet of any side or rear lot line; and if the area exceeds 7,500 sq. ft. the dis- tance from a side or rear lot line shall be not less than 100 ft. PERCENTAGE OF LOT AREA COVERED. Section 426. The combined area of frame buildings, sheds and outhouses located in any lot shall not ex- ceed eighty per cent of the lot area. DISTANCE BETWEEN FRAME BUILDINGS. Section 427. In no case shall a frame building with wooden siding be erected or altered, to extend with- in four feet of the side or rear lot line, nor within 8 feet of another buildin3, unless the space between the studs on such side be filled solidly with not less than 2-1/2 inches of brickwork or other equivalent incombustible material, and the entire exposed side be covered with at least 1/8 inch layer of as- bestos board, or 3/8 inch of plaster board back of wooden siding. When such walls are thus filled and covered, their distance from a side or rear lot line may be reduced to three feet or to five feet from another building. If the adjacent walls of two build- ings have no openings, and are filled and covered as above specified, there need be no limitation as to distance between them. Chapter IV. DETAILED SPECIFICATIONS FRAME BUILDINGS FOOTINGS. FOOTINGS FOR FRAME BUILDINGS. Section 428. The foundation walls of frame buildings or structures shall have a concrete footing, the size depending on bearing value of soil, and those walls exceeding 15 feet in height, shall rest on footings of stone or concrete not less than 8 inches in thick- ness. All footings shall extend at least 4-1/2 inches outward from each side of the bottom of the foundation walls which rest upon them. FROST LINE. Section 429. The bottom of foot- ings for buildings shall rest upon solid ground at a depth at least 4 feet below the surface, unless solid rock occurs above this point; or upon piles or rang- ing timbers of wood where necessary. MIXTURE OF FOOTINGS. Section 430. Footings shall be of concrete and shall consist of a concrete of not less than 1-3-5 mixture. FOUNDATION WALLS THICKNESS OF FOUNDATION WALLS. Section 431. The foundation walls of frame structures ex- ceeding 15 feet in height, if of stone shall be not less than 12 inches thick, and if of brick or con- crete, tile or concrete block, not less than 8 inches thick to the under side of the sill. THICKNESS OF FOUNDATION WALLS FOR ONE STORY STRUCTURE NOT USED FOR DWELLING. Section 43Z. The thickness and depth of the foun- dation walls may be modified at the discretion of the Building Commissioner. MORTAR, FOUNDATION WALLS. Section 433. Foundation walls shall be laid in cement mortar. WALLS FOR SUPERSTRUCTURE THICKNESS OF WALLS FOR SUPERSTRUC- TURE. Section 434. When incombustible in place of frame. See Section 134. CARPENTER WORK POSTS AND GIRDERS SUBSTITUTED FOR BRICK PARTITIONS. Section 435. Timbers, posts and girders or other approved supports may be used instead of brick partitions in cellars of frame buildings. FIRE WALLS. Section 436. In frame buildings used for manufacturing or commercial purposes and not exceeding two stories or 30 feet in height non-bearing fire walls, when required, shall be not less than 12 inches thick. BEARING PLATES. Section 437. If bearing plates are used for construction of dwellings they shall be not less than 2x8 and shall be set in cement mortar, otherwise a 6x6 shall be used for such bearing plate. DOUBLE JOISTS. Section 438. Wherever bear- ing partitions are located and run parallel to joists, same shall be carried by joists well blocked every 24 inches with same material as joists and secure- ly nailed together, or double joists well spiked to- gether can be used. JOISTS. END CUT ON BEVEL. Section 439. When joists enter the brick they shall be cut on a splay not less than three inches, so as not to dis- turb the brickwork by any deflection or breaking, and where placed in a party wall or division wall of all classes there shall be at least four inches of solid brick work between the ends. CEILING JOISTS FOR DWELLINGS. Section 440. Size and Spacing of. Make Allowance for Dressed Lumber First Floor Second Floor Span 8'0" and not over 14'0". . . lx 8' 16" c.t,c. . lx 8' 16^ c.t.c. Span 14'0" and not over 200". . 2x10' 16" . . . 2x10' 16" c.t.c. Span 20'0" and not over Z4'0" . . . 2x12' 16" c.t.c. • . Zx12' 16" c.t.c, CEILING JOISTS FOR DWELLINGS. Section 441. Ceiling joists shall not be less than 2x6 1611 c.t.c. when attic space is to be used; otherwise ceiling joists for blind attic may be 2x4 1611 c.t.c. if the span does exceed 101011 they must be not less than 2x6 1611 c.t.c. ROOF RAFTERS FOR DWELLINGS. Section 442. Roof rafters, where length is over 121011 shall be 2x6 2411 c.t.c., but 2x4 1611 c.t.c. may be used where length of rafter is not over 161011 and collar beams of 211 material are used. GIRDERS FOR DWELLINGS. Section 443. Dis- tance apart on Centers in Feet. Span in feet 10 12 14 16 18 20 22 24 9 4x8 6x8 6x8 8x8 8x8 8x8 6x10 6x10 10 6x8 6x8 6x8 8x8 8x8 6x10 6x10 6x10 11 6x8 6x8 6x8 8x8 8x10 8x10 8x10 8x10 12 6x8 8x8 8x8 8x10 8x10 8x10 8x10 8x10 13 8x8 8x8 8x8 8x10 8x10 8x12 8x12 8x12 14 8x10 8x10 8x10 8x10 8x12 10x12 10x12 10x14 15 8x10 8x10 8x12 8x12 8x12 10x12 10x14 10x14 POSTS FOR DWELLINGS. Section 444. 181 SPAN OF JOISTS NOT OVER 161011 Span of Girders 9 10 11 11 13 14 15 6'0" 6x6 6x6 6x6 6x6 6x6 8x8 8x8 7'0" 6x6 6x6 6x6 6x6 8x8 8x8 8x8 8'0" 6x6 6x6 6x6 6x6 8x8 10x10 10x10 9'0" 8x8 8x8 8x8 8x8 10x10 10x10 10x12 10'0* 8x8 8x8 8x8 10x10 10x10 10x10 10x12 SIZE OF STUDS. Section 445. In all exterior walls and interior bearing partitions the studs shall not be less than 2x4 1611, etc. BRIDGING. Section 446. All floor joists shall be bridged with at least 1x3 at intervals of not more than 81. STIRRUPS. Section 447. Headers in floor fram- ing in business buildings carrying heavy loads placed more than 2 feet from the end of a trimmer shall be supported by an iron stirrup. ANCHORS. Section 448. All joists and beams above the first floor level where brick exterior walls are used shall be anchored to all walls and piers with heavy wrought -iron anchors, and spaced not over six feet apart. Anchors shall be placed at the bottom of joists and beams. Wall anchors shall extend at least within four inches of the opposite side of walls. BRACING WALLS. Section 449. All walls in buildings of frame construction shall be securely braced and shall be bridged at least once in every 10 feet of their height; fire stops will act as bridges. FIRE STOPS. Section 450. Hereafter in frame construction, where outside walls and interior partitions are built of wood, they shall be provided with suitable fire stops. These fire stops shall be on first floor and shall be constructed as follows: On outside walls where studs run two stories in height and ledger boards are used, two inch plank shall be tightly fitted between each stud and shall be the width of the studding. Same shall be placed just above or below ledger board. Fire stops shall be provided on partitions around stairways. INTERIOR STUDDING WHEN FIRE STOPPED. Section 451. Interior studding that go more than one story in height shall be provided with stops same as exterior walls. INTERIOR BEARING PARTITIONS WHERE STUDS DO NOT COME DIRECTLY UNDER JOISTS. Section 452. Interior bearing partitions shall be provided with double plates and single plate on top ' and bottom, respectively, each plate two inches in thickness and of same width as stud, or the studding may run through the floor and rest on the girders or cap of partition c- below. This top plate shall act as a fire stop. INTERIOR NON-BEARING PARTITIONS. Section 453. Interior non-bearing partitions shall be pro- vided with single plate on top and bottom, two inches thick, and of width same as stud. These top plates shall act as fire stops. CARPENTER WORK IN CONNECTION WITH PLUMBING AND HEATING. Section 454. The floors in all bathrooms and toilets or other parts of buildings, in buildings to be erected or recon- structed, shall be raised not less than 7 inches above the general floor level when the necessary cutting of floor joists and beams to receive the plumbing work would impair the structural strength 182 of the floor and when it is impossible to put in headers. DOOR FRAMING. Section 455. All door studs shall be double Zx4's well nailed together, with single heads. The door head shall rest directly Upon the short stud. TRUSS OPENINGS. Section 456. All openings over 4 feet in length shall be properly trussed. VALLEY RAFTERS. Section 457. Shall not be less than 2x8 and when span is over 16 feet same shall be doubled and properly spiked together. FRAMING AROUND CHIMNEYS. Section 458. No framing will be allowed to rest on or come in contact with any chimney, and shall be kept at least one inch away from same. TRIMMER AND HEADERS. Section 459. Every trimmer and header more than 8 feet long or tail joists used in floors of any buildings, except dwel- lings, shall be hung in iron stirrups of suitable strength for the weight to be supported. ROOF SHEATHING. Section 460. In frame construction, or reconstruction, the roof sheathing shall not be spaced except for wood shingles. ROOF COVERING. Section 461. All frame buildings or structures shall have approved roof coverings, as provided in Sections 277-278. Part VIII. ORDINARY CONSTRUCTION Chapter I. DETAILED SPECIFICATIONS GENERAL CONDITIONS HEIGHT OF BUILDINGS. Section 462. No build- ing of ordinary construction hereafter erected shall exceed four stories in height and in no event to ex- ceed fifty feet in height. FLOOR AREA. Section 463. In buildings of ordinary construction, the following table shall govern as to maximum limit of allowablefloor area between fire walls or exterior walls. (a) Tenement houses, 3,000 sq. ft. (b All other ordinary construction: Fronting on one street 5,000 sq. ft. Fronting on two streets, 6,000 sq. ft. FOUNDATION WALLS: RUBBLESTONE; THICK- NESS. Section 464. If built of rubblestone, they shall be at least 8 inches thicker than the wall next above them, to a depth of 12 feet below the curb level; and for every additional 10 feet or part there- of deeper, they shall be increased 4 inches in thick- ness. FOUNDATION WALLS, CONCRETE, THICK- NESS. Section 465. If built of brick or plain con- crete and supporting walls over 30 feet in height, they shall be at least 4 inches thicker than the wall next above them, to a depth of 12 feet below the curb level and for every additional 10 feet or part thereof deeper, they shall be increased 4 inches in thickness. In buildings not exceeding 30 feet in height, the Building Commissioner may at his dis- cretion, permit the foundation walls to be the same thickness as the walls above. HOLLOW BLOCKS, THICKNESS. Section 466. Hollow blocks may be used for the foundation walls of buildings not exceeding three stories or forty feet in height, provided that said walls are not less than the thickness required for foundation walls or brick or plain concrete. All blocks shall be laid to line and level, and carefully bonded, when blocks are laid with cells vertical, the stability of the walls and their resistance to water, may be increased by being filled solidly with wet concrete. Such foun- dations shall not be stressed beyond the limits al- lowed in Sections 61 and 62 taken over combined area of blocks and fill. CEMENT MORTAR. Section 467. Portland cement mortar only shall be used in footings and foundation walls.. WALLS SUPERSTRUCTURE BEARING WALLS, THICKNESS OF ACCORDING TO LOAD. Section 468. All bearing walls shall be of sufficient thickness to support the load to be carried, without exceeding the stresses specified in Section 62, but in no case shall such walls be less than 12 inches thick, unless built of reinforced concrete, otherwise provided for. MINIMUM THICKNESS OF ALL BRICK BEAR - 1NG WALLS. Section 469. The minimum thickness of all brick bearing walls shall be in accordance with the following schedules and tables. In determining the thickness of walls for varying heights, they shall be measured to the nearest tier of beams or support, whether this be a foundation, a beam or girder. WALLS FOR DWELLING HOUSE CLASS. Section 470. The expression "wall for dwelling house class" shall be taken to mean and include walls for all buildings specified under Classes C and D, Sec- tion 81, as well as all other buildings used for tem- porary or permanent residence. For all brick bear- ing walls, of buildings of the dwelling house class, the upper three stories shall be not less than 12 inches thick, increasing 4 inches in thickness for each three stories or fraction thereof below. No three story increment shall exceed 15 feet in height. Dwellings having an area of not to exceed 1250 sq. ft. and a wall height of not to exceed 20 feet may be 8 inches thick. Table indicating minimum thickness of walls at different story heights. Stories 1 2 3 4 12 12 12 16 16 16 20 20 20 24 12 12 12 16 16 16 20 20 20 12 12 12 12 12 16 12 16 16 16 16 20 16 20 20 5 6 7 12 12 12 16 16 16 12 12 12 16 16 12 12 12 16 8 9 10 12 12 12 12 12 12 WALLS FOR WAREHOUSE GLASS, DEFINITION Section 471. The expression "walls for warehouse class" shall be taken to mean and include walls for all buildings specified under Classes A, B, E and F in Section 80 and 82, as well as all other buildings used for similar purposes. THICKNESS GOVERNED BY HEIGHT. Section 472. Excepting party and fire walls, brick bearing walls for all buildings of this class, not exceeding five stories or 65 feet in height, shall have the upper two stories not less than 12 inches thick, in- creasing four inches in thickness for each two stories, or fraction thereof below. For such build- ing in excess of five stories but not exceeding two hundred feet in height the top story shall be not less than 12 inches thick, increasing 4 inches in thickness for two stories or fraction thereof below. No two story increment shall exceed thirty feet in height. Minimum Thickness of Brick Bearing Walls At Different Story Heights Stories 1 2 3 4 5 6 7 8 9 10 1 12 2 12 12 3 16 12 12 4 16 16 12 12 5 20 16 16 12 12 6 24 20 20 16 16 12 7 24 24 20 20 16 16 12 8 28 24 24 20 20 16 16 12 9 28 28 24 24 20 20 16 16 12 10 32 28 28 24 24 20 20 16 16 12 FIRE RESISTIVE PARTITIONS. Section 473. In non -fireproof buildings of Classes B, C, D and E, all partitions enclosing public hallways, or separa- ting the spaces occupied by different tenants, shall either be built as required in Section 502-507 or they may be built of not less than 3 inch solid or hollow partition blocks or tile, or by 3 inch hollow, or two inch solid metal studding and metal lath with cement plaster, or by two by four wood studding with metal lath and 3/4 inch cement or cement tempered plaster on both sides; or of any other materials and thickness as will meet the fire test of National Board of Fire Underwriters. Wooden studs shall be set with the 4 inch dimension at right angles to the plane wall. Thickness of partitions shall vary with the height and must be approved by Building Commissioner. CARPENTER WORK WOODEN BEAMS OR JOISTS IN FIRE OR PARTY WALLS. Section 474. Every'wooden beam in any party or fire wall shall be separated from any other beam in the wall by at least 6 inches of solid mason- ry. Such separation may be obtained by staggering the beams, corbeling or by use of approved steel hangers properly anchored in the wall, and arranged to make the beams self releasing. No wall shall be corbeled more than two inches for this purpose. If the beam ends are opposite each other in the wall the separation shall be not less than 8 inches. THICKNESS OF GIRDERS IN FIRE LIMITS. Section 475. (a) No wooden floor or roof girders used in any building within the fire limits shall be less than four (4) inches thick. (b) THICKNESS OF GIRDERS OUTSIDE FIRE LIMITS. The thickness of wooden girders shall be not less than four (4) inches in any building where the floor load is greater than sixty (60) pounds per square foot. HEADERS. Section 476. All wooden headers, when over four (4) feet in length shall be hung in approved metal stirrups or hangers. BEARING AND SIZE OF TIMBERS. Section 477. (a) Every wooden timber resting on a. wall shall have bearings of at least four (4) inches. 183 (b) Size of Posts. Girders and Joists shall depend on the load. (c) Quality. So far as possible, knots or other imperfections shall be excluded from the bottom and top quarters of timber beams. TIMBERS, BEVELED. Section 478. The ends all wooden timbers which rest on masonry walls shall be cut to a bevel of three (3) inches in their depth. GIRDERS NOT SUPPORTED ON STUD PAR- TITIONS. Section 479. Neither end of a floor or roof girder shall be supported on stud partitions. FLOOR AREA. Section 485. In buildings of mill construction the following table shall govern as to a maximum limit of allowable floor area between fire walls or exterior walls-. Allowable floor area, front on one street 6,500 of sq. ft; front on two streets 8,000 sq. ft. FIRE PARTY AND PARAPET WALLS. Section 486. Fire and party walls shall be of brick or con- crete, and the thickness and construction shall con- form to the requirements of Section 126 and follow- ing. Parapets shall project to cut-off overhang of roof, if any, and special parapets shall be provided where monitors or roof lanterns are near fire walls. See Section 133. ENCLOSURES FOR STAIRWAYS AND ELEVA- TORS. Section 487. Stairways and elevators shall be enclosed by brick walls at least 12 inches thick, or reinforced concrete not less than eight (8) inches thick. Where one or more brick walls of stairway or elevator shafts are less than eight (8) feet on a side and contain no doorways, they may be eight (8) inches thick, but no wall of such thickness shall extend more than one (1) story in height. WALLS ABOVE ROOF. Section 488. When such shafts are inside of a building, the walls shall pierce all floors and extend at least three (3) feet above roof. BRIDGING. Section 480. All wooden floor joists and joists in flat roofs shall be properly braced with cross bridging. The distance between bridging or between bridging and bearing shall not exceed eight (8) feet.. WOODEN BEAMS SEPARATED FROM MASON- RY. CHIMNEYS. Section 481. No wooden beams or joists shall be placed within one (1) inch of the outside face of a chimney masonry or flue whether the same be for smoke, air or any other purpose. No woodwork shall be within four (4) inches of the back of the wall of any fireplace. For smoke flues or boilers and furnaces where the brick work is required to be more than eight (8) inches in thick- ness, the header beam shall be not less than four (4) inches from the outside of the brickwork. ANCHORS FOR WOODEN JOISTS AND GIRDERS. Section 482. Each tier of joists shall be anchored to the walls with steel anchors at intervals of not more than seven (7) feet. Where beams are sup- ported by girders, the girders shall be anchored to the walls and fastened to each other by steel straps or one (1) inch board. The ends of wood joists, resting upon girders, shall be abutted together end to end and strapped by steel straps of the same size and distance apart and in the same manner as the wall anchors. Each tier of joists running parallel to enclosing walls shall have approved four (4) inch anchor strips let flush into the joists crossing at least two (2) joints. Every pier shall be well anchored to the floor framing of each story with a steel anchor. TIMBER COLUMNS, POSTS AND TRUSSES. Section 483. All timber columns and posts shall be squared at the ends perpendicular to their axis or suitable cap plates shall be provided. Where the cap plate of a timber column or post supports a wooden girder or column above the col- umn shall bear directly on the cap and shall not rest on the girder. All bolts used in connection with timber work shall be provided with washers of such proportions as will reduce the compression on the wood to the allowed compressive strength. Part IX. MILL CONSTRUCTION Chapter I. DETAILED SPECIFICATIONS --GENERAL CONDITIONS HEIGHT OF BUILDINGS. Section 484. No build- ing or mill construction hereafter• erected shall ex- ceed five (5) stories in height and in no event sixty- five (65) feet. 184 BELTS OR ROPES TO BE IN ENCLOSED SHAFT. Section 489. All belts or rope drives used to transmit power from floor to floor, shall be located in a special tower or shaft enclosed by masonry walls as provided for stairway and elevator shafts. ADDITIONAL PROTECTION OF WALL OPEN- INGS. Section 490. 1. WHEN REQUIRED. Certain openings in exterior walls shall be protected with approved fire doors or shutters, or if the exposure is not too great approved wire glass windows may be used. The opening to be protected shall be as specified in this Section and Section 171. 2. OPENINGS TO BE SELF SUPPORTING. Walls above window and door openings shall be self - supported without using the door or window as a lintel. Sill shall be brick, concrete or terra cotta, iron or stone. 3. SHAFT AND BELT HOLES, ETC. All open- ings, such as shafts and belts, etc., shall be not larger than absolutely necessary. . 4. WINDOWS TEN (10) FEET FROM FIRE WALL. All windows and other openings in side walls of buildings, for distance of at least ten (10) feet each side of a fire wall, shall be protected by approved metal sash and wire glass or fire doors. 5. WINDOWS THIRTY (30) FEET FROM ANGLE OF WALLS. Where main sections are separated by fire walls and adjoin so as to form an angle, all window or other openings in side walls for a distance of not less than thirty (30) feet from the angle shall be protected with approved metal sash and wired glass or fire doors. Where minor sec- tions such as boiler or engine houses adjoin, the above rule need apply only to main sections of buildings. Where there are no openings in one . section, within ten feet of the fire wall, the other section need not be protected. 6. WINDOWS ABOVE ADJOINING BUILDINGS. When buildings of different heights adjoin, all win- dows of the higher section above the roof of the lower section, as well as the windows within ten feet of the fire wall on each section shall be pro- tected with approved metal sash and wired glass or fire doors. 7. OPENINGS IN FIRE WALLS. Openings in fire walls shall be protected as otherwise pro- vided for in this Code. FIRE DOORS ON SHAFTS. Section 491. Ap- proved fire doors shall be installed at all openings into shafts. Those for stairway and power shafts shall be self-closing. INTERIOR SHAFT WINDOWS FIREPROOF. Section 492. Interior windows, unless fireproof, in shaft are prohibited. DRAINAGE OF SHAFT BOTTOMS. Section 493. The bottom of all shafts shall be properly drained. PARTITIONS. Section 494. Partitions shall be constructed of incombustible material, or two-inch matched plank or double matched boards with joists broken, preferably coated with fire -retarding paint. Thickness of partitions shall vary with height and must be approved by Building Commissioner. CARPENTER WORK COLUMNS --MINIMUM SIZE OF COLUMNS. Section 495. Columns, if of timber , shall be not less than eight inches in smallest cross sectional dimensions. COLUMNS SUPERIMPOSED. Section 496. Wooden columns shall be superimposed throughout all stories on post caps of columns below. PROTECTION OF IRON OR STEEL COLUMNS. Section 497. Iron or steel columns or girders may be used if protected as herein provided for in Sections 514-515. MINIMUM SIZE AND SUPPORT FOR GIRDERS AND TIMBERS. Section 498. Floor beams shall be suitable for the load carried, but in no case less than six inches either dimension and rest on wall at least six inches, and where entering walls shall be self -releasing. Walls may be corbeled out to support floor timbers where necessary. The cor- beling shall not exceed two inches. SIZE OF POSTS, GIRDERS AND BEAMS SHALL DEPEND ON LOAD. Section 499. So far as pos- sible, girders or floor timbers shall be of single stick. BEAMS ENTERING WALLS ON OPPOSITE SIDES. Section 500. Where wooden beams enter walls on opposite sides, there shall be at least twelve inches of masonry between ends of beams, and in no case shall they enter more than one-quar- ter the thickness of the wall. Part X. FIREPROOF CONSTRUCTION Chapter I. DETAILED SPECIFICATIONS GENERAL CONDITIONS FLOOR AREA. Section 501. In buildings of fireproof construction, the following table shall govern as to maximum limit of allowable floor area between fire walls or exterior walls. FIREPROOF CONSTRUCTION. (a) All buildings of Classes A, B, C and D; light and power stations; office buildings: No restriction as to area. (b) All other buildings not exceeding seventy- five (75) feet in height: Fronting on one street, 12,000 sq. ft.; fronting on two streets, 17,000 sq. ft. (c) Stores, warehouses, factories and workshops, not exceeding eighty-five (85) feet, and other build- ings not exceeding two hundred feet in height. Fronting on one street, 10,000 sq. ft.; fronting on two streets, 15,000 sq. ft. THICKNESS OF PARTITIONS. Section 502. In fireproof buildings all partitions enclosing public halls or separating the spaces occupied by differ- ent tenants, and all other permanent partitions, shall be built not less than three (3) inches thick, of solid or hollow brick terra cotta, concrete or gypsum blocks or tile; or less than 3 inches thick of reinforced concrete two (2) inches on metal lath, solid metal lath and, cement plaster or of such other incombustible materials and thickness as shall meet the requirements of the partition fire test as prescribed by the National Board of Fire Underwriters. The required thickness for block or tile partitions shallbe exclusive of plaster. All such partitions shall be exclusive of plaster. All such partitions shall be securely fastened to the fireproof construction of the floor and ceiling. All bricks or tile shall be laid with broken joints. Thickness shall vary with height and must be ap- proved by Building Commissioner. INCOMBUSTIBLE. Section 503. All partitions not enumerated above shall be of incombustible materials, except for permissible woodwork. INDEPENDENT SUPPORT FOR PARTITIONS. Section 504. All partitions in fireproof buildings shall be independently supported at each floor level, and where lateral support is not sufficient, they shall be stiffened by such steel reinforcement en- cased in the construction as the Building Commis- sioner may require and approve. SUPPORTS TO BE FIREPROOFED. Section 505. Structural steel members necessary for supporting a partition shall be protected by at least one inch of fire proofing. Cement plaster, or cement tempered plaster, may be accepted for this purpose, if prop- erly keyed. MATERIALS. Section 506. Reinforced concrete for partitions shall be of quality and strength as provided in Sections 33 and 36. Terra cotta tile shall be porous or semi -porous in quality, and if hollow, shall have two cells in the thickness, with the thickness of shells inclusive of plaster key, not less than three-quarters inch, and the thickness of web not less than five-eighths inch. The shells and webs of hollow gypsum or concrete blocks or tile shall be not less than three-quarters inch. Gypsum shall be used only in dry locations. Other material shall be approved by the Building Commissioner. STAIR HALLWAYS. Section 507. If a stair hall- way be considered as part of the stairway, and the latter is not separately enclosed as required by Section 158, then all the enclosing partitions for the hallway shall be considered as the stairway shaft and shall be built according to the requirements of Section 158. FIREPROOFING FLOOR AND ROOF CONSTRUC- TION --MATERIAL. Section 508. Fireproof con- struction between steel floor or roof beams shall consist of flat arches of hollow terra cotta, or re- inforced stone or gravel concrete; or of such other 185 equally fire -resisting material or construction as may be approved by the Commissioner of Buildings, after fire, water and strength tests. TERRA COTTA ARCHES -QUALITY OF MATE- RIAL. Section 509. Hollow terra cotta tile used for floor or roof arches shall be hard -burned or semi -porous and of uniform density and hardness. All terra cotta arches shall be properly keyed. The key blocks shall always be placed within the middle third of the span. FLAT ARCHES. Section 510. Flat arches shall have a depth of not less than one and three-quarter inches for each foot of span between the beams, this not to include any portion of the depth of tile that projects below the under side of the beams. The total depth shall in no case be less than nine inches, and the tile shall have not less than three cellular spaces in the depth. DESIGN OF ARCH TILE. Section 511. The shells of arch blocks shall not be less than three- quarters inch in thickness, and the webs shall be not less than five-eighths inch in thickness. Every arch block shall have at least one continuous vertical internal web for each four inches in width. There shall be rounded fillets at all internal inter- sections. Skewbacks of all hollow tile arches shall shall be of such form and section as to accurately fit the beams and properly receive the thrust of the arches, and shall have shells at least one inch thick and webs not less than three-quarters inch thick. WORKING LOAD. Section 512. The safe work- ing load on terra cotta arches shall be determined by design or by test. The allowable extreme fibre stress in compression in terra cotta floor tile shall be taken as five hundred pounds per square inch on net section. CONCRETE ARCHES AND SLABS. Section 513. All arches or slabs of reinforced concrete shall be designed and constructed in accordance with the requirements of this Code, as otherwise provided. PROTECTION OF WALL MEMBERS, Section 514. All columns which support steel girders, carrying exterior walls, and all columns which are built into walls and support floors only, shall be protected against corrosion by a coating of Portland cement mortar at least one-quarter inch thick, and against moisture and fire by a casing of masonry, which shall be not less than four inches of brick or three inches of concrete on all surfaces; all to be well bonded into the masonry of enclosing walls.. PROTECTION OF WALL GIRDERS. Section 515. The wall girders shall have a casing of Port- land cement mortar and the same masonry protec- tion as required for wall columns, all to be securely tied and bonded; but the extreme outer edge of the flanges of beams, or plates or anglesconnected to the beams, may project within two inches of the outside surface of such casing. The -inside surface of the girders shall be similarly protected by masonry, or if projecting inside the walls they shall be protected by concrete terra cotta or other approved fireproof material not less than two inches thick. FIREPROOFING OF MISCELLANEOUS STRUC- TURAL MEMBERS. Section 516. All metal struc- tural members which support loads or resist stresses, other than those provided for by the two preceding paragraphs shall have a protection of 186 fireproofing as herein specified. The protection material shall be of brick, concrete terra cotta or gypsum block. Concrete shall be of the quality prescribed in Sections 33 to 38. Terra cotta may be solid or hollow and shall be porous or semi - porous, neither shells nor webs shall be less than five-eighths inch thick; gypsum blocks shall be solid and of good quality approved by the Building Commissioner. Plaster shall not be considered a part of any required fireproofing for metal struc- tural members except where specifically men- tioned as such. MORTAR. Section 517. All bricks or blocks used for fireproofing shall be set in Portland ce- ment mortar, except that gypsum blocks may be set in gypsum mortar. THICKNESS. Section 518. The protection shall cover the columns at all points to a thickness of • not less than two inches and be continuous from the base to the top of the column. The extreme outer edges of lugs, brackets and similar supporting metal may project to within one inch of the outer surface of the protection. CONSTRUCTION OF FIREPROOFING. Section 519. If brick or blocks are used for fire -proofing columns, they shall be accurately fitted, laid with broken joints and all spaces between the outside layer and the metal solidly filled with masonry or a concrete filling may be used. No voids between the metal and protecting casing shall be permitted. • WIRE WRAPPING. Section 520. Galvanized steel wire not smaller than No. 12 gauge shall be securely wrapped around block column coverings, so that every block is crossed at least once by a wire. The wire shall not be wound spirally around the column, but each turn or band shall be a sepa- rate unit and shall be twisted tightly or otherwise securely bound. Other equivalent anchorage may be employed if approved by the Building Commis- sioner. No block used for this purpose shall ex- ceed twelve inches in vertical dimensions. PROTECTION AGAINST DAMPNESS. Section 521. Columns located in damp places shall receive a coat of at least one inch of Portland cement mor- tar before application of the fire -proofing. PROTECTION OF STEEL OR WROUGHT IRON COLUMNS. Section 522. Columns made of steel or wrought iron pipe filled with concrete shall be protected by at least one and one-half inches of fire -proofing. PROTECTION OF COLUMN CORNERS. Section 523. Where the fire -proofing of columns is ex- posed to damage from trucking or handling of mer- chandise the fire -proofing shall be jacketed on the outside for a height of not less than three feet from the floor, with metal or other approved covering. THICKNESS OF PROTECTION FOR STEEL BEAMS AND GIRDERS. Section 524. The protec- tion of the webs and bottom flanges of girders, and all members of trusses, shall have a thickness of not less than two inches at all points. The pro- tection of the webs and bottom flanges of beams, lintels and all other structural members shall be not less than one and one-half inches at any point. ANCHORING OF TILE PROTECTION. Section 525. If hollow terra cotta tile be used for protec- tion, the lower flanges of beams and similar mem- bers shall be encased either by lugs which form part of the skewbacks, and extend around the flanges, meeting at the middle, or by tile slabs held in position by dovetailed lugs projecting from the skewbacks. In either case, care shall be taken to insure that all joints be solidly filled with mortar. FIREPROOFING METHOD OF ANCHORING. Section 526. Concrete protection for all structural members shall be held in position by suitably designed interior steel anchors hooked securely around the flanges or angles of the members, at intervals not exceeding eight inches apart; these anchors shall be not less than one-eighth inch in thickness if flat, or one-tenth inch in diameter if of wire, and shall be located at a distance not less than three-quarters inch, nor more than one inch from the outside surface. Provision shall be made if width of steel members exceed six inches, the wire used for anchoring the concrete protec- tion shall be not less than one-eighth inch diam- eter. FIREPROOFING --METAL FRONTS. Section 527. Metal fronts on the exterior of buildings over one story high shall be backed up or filled in with masonry not less than eight inches thick. PIPES, ETC., NOT TO BE EMBEDDED IN. Section 528. No pipes, wire cables or other mate- rial shall be embedded in the required fireproof protection of columns or other structural mem- bers so as to expose structural parts of columns to corrosion or fire. SUPPORT OF CEILINGS. Section 529. All metal lath and plaster ceilings shall be supported by hangers or clamps attached to the floor, or roof construction, in an approved manner. Such sup- ports shall be of such section and weight as will support the wet plaster without deflecting more than one -thirtieth inch per foot of span. STUDDING OR FURRING. Section 530. All stud- ding for metal lath partitions or walls, furring shall be made of steel stock weighing not less than five -tenths of a pound per lineal foot, shall be spaced not over sixteen inches center to center and shall be securely fastened to the floor and ceiling construction. Title III. MISCELLANEOUS WORK ON BUILDINGS Part XI. RECONSTRUCTION AND ALTERATION OF BUILDINGS Chapter I. GENERAL PROVISIONS EXAMINATION OF BUILDINGS BEFORE PER- MIT IS ISSUED. Section 531. The Building Com- missioner shall examine all buildings and all struc- tures on which application for approval of plans has been made for the reconstruction of such build- ing to determine whether such permit may be granted under this Ordinance. The Building Com- missioner shall examine said structure for the purpose of determining the strength and condition of various structural parts of building for the pur- pose and load that the same will have to carry when reconstructed. No exterior or interior brick walls shall be built upon unless they conform to the specifications for exterior and interior brick work, given under New Construction and for the purpose for which they are to be used. In reconstructing existing buildings where the classification of the occupancy has been changed, they shall conform in every detail to the regulations for new struc- tures and shall be classified according to the pur- pose and location for which the building is to be used. ALTERATIONS OF FRAME BUILDINGS HEIGHT LIMITED. Section 532. No existing frame building shall be raised to a height exceed- ing thirty -feet, except that dwellings occupied by not more than one family may be raised to thirty- five feet. Buildings so raised shall comply with all of the requirements of this Code relating to frame buildings. BEAMS, RAFTERS AND SILLS. Section 533. Floor beams and rafters in frame buildings shall be not less than two inches in thickness. All frame or wood buildings exceeding fifteen feet in height shall have their sills secured to the foundations in an approved manner and to be erected with sills, posts, girts and plates of suitable size and mate- rials with proper mortise and tenon framing and braced with studs at all angles, but this shall not prohibit the use of balloon framing with proper sills and ribbon strip not less than one inch by five inches, and provided that the outside walls are fire -stopped at each floor level, as otherwise pro- vided for. EXTENSIONS OR ADDITIONS IN FIRE LIMITS FORBIDDEN. Section 534. No frame buildings (existing dwellings excepted) within the fire limits shall be increased in area by frame additions, except that frame extension be used exclusively for toilet purposes may be permitted, but any such extension shall have an approved roof covering. CHANGE OF USE FORBIDDEN IN FIRE LIMITS. Section 535. Within the fire limits no frame build- ing more than two stories in height shall be altered to be used as a factory, warehouse, stable or ga- rage. CHANGE TO USE AS STORE. Section 536. Any frame building which may hereafter have the first story converted into a store, shall have the walls, partitions and ceiling of such first story covered with metal lath or fibre plasterboard and plastered to a total thickness of at least three-fourths inch; or the plasterboard may be covered with sheet metal. Fire stops shall also be provided with sheet metal. Fire stops shall also be provided at the line of the ceiling to cut off all connection to stories above through hollow stud partitions or side walls. ALTERATIONS OR REPAIRS OTHER THAN FRAME CONSTRUCTION INCOMBUSTIBLE WALLS FOR BUILDINGS TO BE ENLARGED OR BUILT UPON IN FIRE LIMITS. Section 537. No building within the fire limits hav- ing masonry walls shall be enlarged or built upon unless the addition to the exterior walls be of ap- proved incombustible materials. INCOMBUSTIBLE ROOF COVERING IN FIRE LIMITS. Section 538. Within the fire limits, every existing building having a combustible roof, if raised to produce an additional story, shall be pro- vided with an incombustible roof covering. 187 Part XII. UNSAFE BUILDINGS Chapter I. GENERAL PROVISIONS INSPECTION OF UNSAFE BUILDINGS. Section 539. When notified or when the Building Commis- ` sioner has reason to believe that a building is un- safe and in a dangerous condition, due to fire, or due to bad condition of walls, overloaded floors, defective construction or other causes, he has the authority to enter said building and determine to his satisfaction whether or not the building is un- safe. REPORT. Section 540. If the building is found to to be unsafe, the Building Commissioner shall notify the owners in writing to this effect, and shall order them to strengthen the weakened parts, according to the regulations of the Building Code. FLOOR LOADINGS. Section 541. The Building Commissioner shall also regulate floor loadings in these buildings and all buildings used for stor- age of merchandise, etc., and owner shall post a sign in various conspicuous parts of the building which shall read as follows: "This floor shall not be loaded to more than.... pounds per sq. ft. Load shall be distributed evenly. By Order of Building Commissioner." RECONSTRUCTION OF BUILDINGS DAMAGED BY FIRE. Section 542. When any building is here- after damaged by fire to an extent exceeding 50% of the amount required to erect a similar new building on the identical site, the same must be removed within six months or rebuilt. If such building is repaired or rebuilt, the requirements of this building code shall be conformed to in every particular precisely as is required for new build- ings. UNSAFE BUILDINGS OUTSIDE OF FIRE LIM- ITS. Section 543. A dwelling or structure within city limits, unless herein provided for, or any part thereof which is unfit for human habitation or dan- gerous to life or health by reason of want of repair or defects in drainage, plumbing, ventilation or of the construction of same, and has depreciated seventy per cent of its original value, is hereby declared a nuisance and shall be condemned. Be- fore condemnation notice is served, the Building Commissioner shall receive a written notice from the Board of Health and Fire Chief, stating fully the condition of the structure in so far as their departments are concerned. LEGAL PROCEDURE. Section 544. The Build- ing Commissioner, together with a committee of three, appointed by the Council, shall make a thor- ough investigation of buildings to be condemned and report their findings to the City Council. If condemnation is approved by this Committee, the City Council shall authorize the Building Commis- sioner to prepare and serve the necessary papers on the owner of said building, commanding him to appear before the City Council, at a time named, and show cause why said building or structure shall not be declared a nuisance. Upon the hearing thereof, if the City Council find that said building or structure is dangerous, due to various reasons, it shall declare the same a nuisance and order it to be abated within such time as may be fixed. Upon such order being made by the Council, the 188 Building Commissioner shall immediatelyserve the notice on the property owners. WRECKING BY FIRE CHIEF. Section 545. If there is no dispute to the notice to demolish, or if in case of dispute and the City Council decides in favor of the Building Commissioner, and the owner does not remove said building within the time limit set in final notice, the Fire Chief shall carry out the demolition. All costs shall be as- sessed against the property. All wreckage shall be cleared away from the site, and same conditions shall prevail as under the Wrecking of Buildings. Part XIII. REMOVAL OF BUILDINGS Chapter I. GENERAL PROVISIONS PERMIT AND FEE. Section 546. No person or persons shall hereafter remove any building with- in the city limits of the City of Dubuque, where the same shall be moved in, through or upon the streets, alleys, avenues or public grounds, unless said person shall, before engaging in moving said house or building, secure a permit to do so from the Building Commissioner. No permit shall be granted until the party applying therefor shall have deposited with the Building Commissioner a sum sufficient to cover the charges as set forth in Sec- tion 28. BOND AND CONSENT. Section 547. (a) Before said permit is granted by the Building Commis- sioner, the party applying therefor shall give a bond in the sum of One Thousand Dollars ($1,000) with good and sufficient sureties to be approved by the City Council and City Attorney, conditioned among other things that said party will save and indemnify and keep harmless the City of Dubuque against all liabilities, judgments, costs and ex- penses which may in any way accrue against said city in consequence of the granting of the said per- mit, and upon the expiration of the time named in the permit, or sooner, if the use of the streets, avenues, alleys or public grounds is no longer nec- essary, shall clear the streets, avenues, alleys or public grounds of all obstruction. (b) Further, no permit requiring the cutting or moving of wires shall be issued until said party applying therefor shall deposit with the company controlling said wires a sum sufficient to cover the cost of taking care of such work. PERMIT MUST STATE CONDITIONS OF RE- MOVAL. Section 548. Said permit issued by the Building Commissioner to a housemover shall state specifically all the conditions to be complied with in moving, designate the route to be taken and limit the time for removal; and in no case shall paved streets, alleys, avenues or public grounds be used for that purpose, unless such streets, alleys, avenues or public grounds are on the route designated by the Building Commissioner; that the removal of a building under a permit when com- menced shall be continuous during all the hours of the day, and day by day and at night if required by the Building Commissioner, until completed with the least possible obstruction to the thoroughfares occupied, that no building shall be allowed to re- main over night upon any street crossing or inter- section, or so near thereto as to prevent easy ac- cess to any fire hydrant; that lighted lanterns shall be kept in a conspicuous place at each end of said building during the night. MOVING OF FRAME BUILDINGS IN FIRE LIM- ITS. Section 549. No person or persons receiving a permit under this Code shall move any frame building from one place to another within the Fire Limits of the City; neither shall they move a frame building into the Fire Limits. REMOVAL IN CITY LIMITS. Section 550. No building shall be moved until the same has been inspected by the Building Commissioner, and any building that has depreciated 50% or more, shall not be moved, but shall be torn down. REPORT TO BUILDING COMMISSIONER AND FIRE DEPARTMENT. Section 551. (a) Every per- son or persons receiving a permit from the Build- ing Commissioner to move a building shall, within one day after said building reaches its destination, report that fact to the Building Commissioner, who shall thereupon inspect the streets, alleys, avenues or public grounds over which said house or build- ing has been moved and ascertain the condition of the same. If the removal of said house or building has caused any damage to the streets, alleys, avenues or public grounds, the said house -mover shall forthwith place the same in as good repair as they were before the permit was granted. Upon the failure of the house -mover so to do within ten days thereafter, to the satisfaction of the Building Com- missioner, the said Building Commissioner shall repair the damage done to the streets, alleys, avenues or public grounds and hold sureties of bond given by house -mover and house -movers respon- sible for the payment of the same. (b) Every house -mover shall report to the Fire Chief or his assistants at Central Fire Stations each night, the exact location where house is to stand on streets for the night. Failure to report this shall be considered a misdemeanor and shall hold parties liable to fine. (c) All house -movers shall proceed in a careful manner in the removal of a building over a public street, alley, avenue and public grounds, and shall not in any manner injure or destroy trees, grass plots, curbing or sidewalk, or in any manner inter- fere with the private property of individuals. The Building Commissioner shall have the power to re- voke any permit whenever in his judgment any house -mover is proceeding in a reckless and care- less manner in the removal of a building. Part XIV. WRECKING OF BUILDINGS Chapter I. GENERAL PROVISIONS PERMITS AND FEES. Section 552. When plans and specifications are filed with the Building Com- missioner and there are existing buildings or parts of buildings to be wrecked, it shall also be so stated in the application for permit. A permit shall be issued for all wrecking. Fee for same is three dollars ($3.00). METHOD OF PROCEDURE. Section 553. In wrecking any building, story after story, each story shall be completely removed. No material shall be placed upon the floor of any such buildings in the course of demolition, but the bricks, timbers and other structural parts of each story shall be lowered to the ground immediately upon displace- ment. RIGHTS TO STOP WRECKINGS. Section 554. The Building Commissioner shall have the right to stop the wrecking or tearing down of any building or structure within the City when the same is being done in a reckless or careless manner, or in violation of any ordinance, or in such a manner as to endanger life or property, and to order any and all persons engaged in said work to stop and desist therefrom. When such work has been stopped by the order of said Commissioner, it shall not be resumed until said Commissioner shall be satisfied that adequate precautions have been or will be taken for the protection of life and property, and that said work will be proceeded with carefully and in con- formity with the ordinances of the city. Part XV. ELEVATORS Chapter I. GENERAL PROVISIONS ELEVATORS—PERMITS MUST BE OBTAINED. Section 555. -No person or persons, company or corporations shall hereafter build or install, or cause to be built or installed, any passenger or freight elevator or rebuild or change or cause to be rebuilt or changed, any part of the machinery, car, shaft, or hatchway in any building, until the person or persons, company or corporation shall have filed with the Building Commissioner a state- ment or specifications, or both if deemed neces- sary, by said Building Commissioner, giving all re- quired information in regard to the manner of con- struction and the material to be used in or about said machinery, car, shaft or hatchway. METAL PLATE SHOWING CARRYING CAPAC- ITY. Section 556. The owner, lessee, manager or other person having charge or control of any ele- vator now in operation in the City of Dubuque, and the manufacturers of elevators now or hereafter placed in buildings, shall cause to be fastened in a conspicuous place in said elevators, metal plates having suitable letters on same, which shall pre- scribe the number of pounds weight which said elevators, after proper test, have capacity to carry. PASSENGER ELEVATOR ENCLOSURE DOORS. Section 557. All enclosure doors must be con- structed as otherwise provided, and made to slide, and must be provided with a lock so arranged that the doors cannot be opened from the outside of the enclosure except by a key. Every passenger ele- vator levator with more than one (1) entrance to, or exit from the car, shall be provided with a sliding door or doors on the inside of the car on each such en- trance or exit. Each of such doors shall be secure- ly closed before the elevator is put in motion. ELEVATOR ENCLOSURES -PASSENGER ELE- VATORS. Section 558. All passenger elevators hereafter installed, or where shaftways are altered, shall be enclosed with a wall of brick tile, concrete, gypsum blocks or such incombustible material as may, from time to time, be approved by the Build- ing Commissioner as proper and suitable for the purpose; such enclosure shall extend from the foundation to the roof of such buildings. FREIGHT ELEVATORS. (a) All freight eleva- tors hereafter installed in buildings more than two 189 MI ha stories high above the basement, or in buildings where the travel of the elevator exceeds 35 feet, must have the entire shaftway entirely enclosed with fireproof enclosures. (b) All freight elevators hereafter installed in buildings not over two stories in height above the basement, and where the car travel does not ex- ceed 35 feet, must have the shaftway above the basement enclosed with guards not less than 6 feet in height above each floor, unless a continuous fireproof enclosure is provided. Where not en- closed continuously with a fireproof enclosure, the shaftway opening in the top floor must be pro- vided with a fire door which is operated by the movement of the car. If the guards are made of wood, they must be made solid with the top at least 2 feet below the ceiling. If the guards are made of wire screen the wire must not be less than No. 10 gauge, and the mesh not more than one inch; wire guards may extend to the ceiling. (c) All elevators hereafter installed must have their shaftways in the basement enclosed with fire- proof enclosures, except sidewalk elevators and freight elevators in buildings not over one story in height above the basement. (d) All elevators in hotels, lodging houses, hospitals and institutions for housing insane, in- firm persons or children must have hatchways enclosed entirely with fireproof enclosures. (e) All freight elevators requiring fireproof shaftway enclosures shall be provided with fire- proof doors at each opening, also a fireproof pent house. (f) FREIGHT ELEVATOR GATES. All freight elevators must be equipped at each landing with self-closing gates not less than five feet six inches in height, except at top landing where gates must be not less than three feet six inches in height. The openings between the slats or bars on gates must be not more than three inchesexcepton side where operating cable is located, where the opening may be made sufficiently large to allow for the opera- tion of the cable. On hand -power elevators where it is necessary in order to operate the car, the gate may be made not less than three feet six inches in height and placed not less than two inches from the car, pro- viding telltale chains are attached to the car. Gates swinging on vertical axles Will not be permitted. SAFETY OPERATING STOPS. Section 559. All' freight elevators shall be provided with a safety device by which persons using the elevator at one floor can lock the operating cable or other opera- ting device to prevent the moving of the elevator by persons on another floor during the loading and un- loading. PASSENGER ELEVATOR --DEFINITION. Sec- tion 560. All elevators not designed for freight service exclusively shall be classified as passenger elevators, and shall be subject to all the provisions of this ordinance relative to passenger elevators. AUTOMATIC TRIP OR SLACK CABLE STOP AND AUTOMATIC BRAKE. Section 561. All power driven elevators, the cables of which wind around a drum, shall be provided with an automatic trip or slack cable stop, and with an automatic brake of sufficient strength to hold the car and its load at any point of its travel. 190 TERMINAL STOPS. Section 562. All power driven elevators shall be provided with automatic terminal stops on the machine. Full magnetic control and traction type elevator hatchway limit stops must be installed in additon to the automatic stop. ELECTRIC BRAKE, HOW APPLIED. Section 563. All electric BRAKES must be applied by breaking the current. SAFETY DEVICE ON CABLE HOISTING ELE- VATORS. Section 564. Every elevator car or plat- form cable hoist that runs on guides shall be pro- vided with an approved safety device which will prevent car from falling in case of accident. CABLES, HOW CONSTRUCTED. Section 565. All hoisting or counterweight cables used on ele- vators shall be metallic cable with hemp centers. Size of Cable 1/2 inch 9/16 inch 5/8 inch 3/4 inch 7/ 8 inch 1 inch Diameter of Drum 20 inches 22 inches 24 inches 30 inches 36 inches 40 inches CLEARANCE ABOVE AND BELOW CAR. Section 567. A minimum clearance of two feet at top and bottom of car shall be necessary on eleva- tors running not over 50 feet per minute. A mini- mum of three feet six inches on elevators running not over 150 feet per minute, and a minimum of five feet on elevators running up to 400 feet per minute. DOUBLE SET OF GUIDE POSTS. Section 568. Double sets of guide posts shall be required on platforms of eighteen feet long or over on all freight elevators. Platforms up to eighteen feet in length shall have one set of guide posts, but the height of the elevator beam to which the cables are attached shall be at least one foot more than one-half the length of the platform. Section 568 A. All guide rails for both car and counterweights shall be of steel, and shall be bolted to the sides of the shaft with steel or cast-iron brackets, so spaced that the guide rails will be rigid. The splices in the rails shall be located as near such rigid supports as possible. NUMBER OF CABLES. Section 569. All freight elevators hereafter installed shall have no less than two hoisting cables with suitable adjustors to equal- ize the bearings. No passenger elevator hereafter installed shall have less than two hoisting cables, two car counterweight cables and two drum counter- weight cables. All ropes and cables shall be in- dependently fastened at their terminals. Cables must have enough friction on drums or sheaves to prevent same from slipping with or without load, or at any point of travel. SHEAVES AND DRUMS. Section 570. All sheaves and drums must be keyed on shaft. CONSTRUCTION OF CAGE. Section 571. The cage of every passenger car shall be constructed of metal, except that floor and panelling may be of wood. There shall be no glass or porcelain used in the structural or ornamental parts of the cage. The use of glass and porcelain in elevator cars for gen- eral public use shall be confined to the covering of certificates of inspection, annunciators and the illuminating lamps. Mirrors in elevators are strictly prohibited. The cage of the car shall be constructed -with solid panels up to a height not less than three feet six inches above the floor of the car, and that part of the cage at the counter weight side shall be pro- tected by a fine mesh wire screen placed back of grille. The last part of the foregoing paragraph referring to protection of cage at counterweight side shall apply to existing elevators also. The canopy or roof of every passenger elevator car shall be so constructed that the whole or a portion thereof measuring not less than twenty by thirty inches can be readily removed. - The grille work of Vie cage of the car shall not have greater open spaces than two inches in width and bars shall be not less than one-half inch steel. Passenger elevators shall not have any freight compartment either below or above the car. Freight elevator car platforms shall be wainscoted not less than six feet high on all sides, except where operating cable is located and on the loading and unloading sides. ELEVATOR TO BE KEPT LIGHTED. Section 572. All passenger elevators shall have an electric light attached to the car, traveling with it and kept lighted when daylight is insufficient. BUMPERS. Section 573. All passenger and power driven freight elevators hereafter installed must be provided with bumpers as follows: (a) Spring bumpers shall be installed in the pit of all elevators, except dumb waiters, hand power and sidewalk type. (b) Spring bumpers shall be located in the pits of all elevators under both car and counterbalance, if a vault or passageway extends underneath the shaft. (c) Bumpers of substantial construction shall be located at the top of the shafts of winding drum elevators above car' and counterweight. FACTOR OF SAFETY. Section 574. All ele- vator platforms shall have a factor of safety of not less than four (4). The minimum carrying capacity of passenger elevators hereafter installed shall be 75 pounds per square foot of clear platform area inside the car. POWER OF INSPECTORS. Section 575. The Building Commissioner shall have the power, and he is hereby authorized, to enter any building with- in the City of Dubuque, without hindrance from anyone, for the purpose of examining elevators and for the enforcement of the provisions of this Ordinance Code, whenever the same may be deemed necessary, and the engineer and operator having charge of any elevator shall assist such commis- sioner to such an extent that he may be able to make a careful and thorough examination of every portion of the operating machinery connected with any such elevator. SPECIAL STRUCTURES Part XVII. SPECIFIC BUILDINGS Chapter I. THEATRES—EXISTING AND NEW GENERAL CONDITIONS DEFINITION. Section 576. The term theatre shall apply to any building designed or used for the entertainment of spectators, and having a perma- nent stage upon which movable scenery and theat- rical apparatus is employed and having the space over stage extend to a height of five feet or more above the top of proscenium arch. It shall include theatres, opera houses, music halls, play houses, pavilions, vaudeville shows and assembly halls, which conform to this definition; provided, how- ever, that club halls and other halls with a seating capacity of not less than 500, .although occasionally used for theatrical presentations, shall not be con- sidered as theatres within the meaning of the term as used in this Section, notwithstanding the fact that movable scenery is used upon the stages thereof on such occasion. Such halls shall be regarded as public assembly halls. EXITS. Section 577. (a) Existing theatres and new theatres shall be provided with at least one direct exit from the main or parquet floor for each one hundred and fifty seats or fraction thereof, ex- clusive of the stage, and with at least one direct exit from all floors above the main or parquet floor for each one hundred seats or fraction thereof; located and placed on any such floor; provided that there shall be at least three exits from each other floor. All exits shall be kept open during every performance. Admissions to all opera houses, theatres or public halls shall be limited to the permanent seating capacity thereof. (b) There shall be sufficient exits to give five feet of opening for each one hundred and fifty seating capacity. (c) All doors of exits of theatres now or here- after erected shall open outward and fastenings must be such as to readily yield to pressure from within at all times without the use of a key or similar instrument. AISLES AND SEATS. Section 578. All aisles shall be not less than thirty-six inches in width, and the Beatings of such houses shall be so ar- ranged that there shall be no seat at a greater dis- tance than eight seats from any such aisle, and rows of seats shall not be less than two feet eight inches from back to back, in new theatres and not less than 2 feet 6 inches in existing theatres. EXIT SIGNS. Section 579. Each and every exit which can be used in case of fire shall be designat- ed by the word "EXIT" in plain letters, not less than six inches in height and so situated immediate- ly over or on exit that they can be readily seen from any or all parts of the auditorium, balcony or gal- lery. 191 RED LIGHTS. Section 580. A red light shall be placed over each of said exits and kept burning during the time of the performance, and no other fixed red light will be permitted in the auditorium, balcony or gallery and the fact that such red light indicates an exit to be used in case of fire shall be conspicuously printed on the programs used in the theatre. These lights shall be on a separate lighting system from that of the building. LIGHTING. Section 581. The stage section and every portion of the building devoted to the uses or accommodation of the public, also all passages leading to streets, including the open courts and corridors shall be satisfactorily lighted during every performance and until the entire audience has left the premises. SMOKING. Section 582. There shall be no smoking permitted in any theatre after the doors are thrown open for any performance until the con- clusion of such performance and exit of all persons from the auditorium provided that smoking may be permitted anywhere in the fireproof theatres rooms specially set aside for the purpose in non - fireproof theatres, provided further that in non - fireproof theatres any such room so set aside is located either on, under or above the stairs, then such room must be fireproof. Nothing herein con- tained shall prohibit casual smoking incidental to the proper rendition of any performance and ex- clusively requiped thereby. STANDPIPES. Section 583. Standpipes conform- ing to the requirements in Section 730. shall be provided with hose connections located as follows: One on each side of the stage on each tier, one readily accessible from the property room, the carpenter shop, scenery storage rooms, lobbies and elsewhere as may be required by the Building Commissioner. A sufficient quantity of approved linen hose one and one-half inches in diameter in 50 foot length or enough to cover floor area, shall be kept attached to each hose connection; 25 foot length will be per- mitted in fly galleries. Each standpipe shall be equipped with a pet cock to enable firemen to make test of water supply. Said pet cock shall be located by Building Commis- sioner. FIRE EQUIPMENT NECESSARY. Section 584. There shall be on each side of the stage axes and hooks, as designated by the Fire Department. DUTIES OF FIRE DEPARTMENT. Section 585. All apparatus for the extinguishment of fire shall be installed in accordance with the rules of the Fire Department and be kept at all times in condition satisfactory to and under control of the Fire De- partment. It shall be the duty of the Fire Chief to thoroughly instruct the employees of such theatre or opera houses in the handling and use of such fire extinguishers. A fire alarm box may be maintained on the stage of such opera houses, which fire alarm box shall be located by the Fire Chief. FIRE EQUIPMENT APPROVED BY FIRE CHIEF. Section 586. All fire appliances shall be placed in position and in such a manner as to con- form to the requirements of the Fire Chief and shall be subject to his approval. NUMBER OF PERSONS CAN BE LIMITED. Section 587. In all cases, under the provisions of 192 this part, whenever the Building Commissioner may deem it for the public safety, necessary to limit the number of persons that shall be permitted to occupy the interior of any building, as aforesaid, and if the owner, lessee or manager neglects or refuses to comply with any order or requirement in relation thereto, the Mayor of the City is hereby authorized to take possession of and close said building, or perform such other acts in the prem- ises as shall prevent the liability of accidents to the public and retain said possession until the Building Commissioner shall permit said building to be released from said possession or closing by the Mayor upon the compliance with the order and requirements. INSPECTORS MAY ENTER. Section 588. The Building Commissioner shall have power and is hereby authorized to enter any theatre or other place of amusement within the limits of the city, without hindrance from anyone, for the purpose. of examination and the enforcement of the provi- sions of this ordinance whenever same may be deemed necessary. PROSCENIUM WALLS. Section 589. All exist- ing theatres that do not have a fire protected pro- scenium wall and necessary ventilations over stage, as set forth in these regulations, shall be changed within a reasonable length of time to comply with these regulations upon receipt of written notice from the Building Commissioner. In case of re- fusal to do so, the theatre shall be closed until such time as the required work is completed. Said pro- scenium walls shall be kept in good repair and shall be inspected from time to time, and any re- pairs ordered shall be promptly completed. Chapter II. NEW THEATRES -GENERAL CONDITIONS CONSTRUCTION. Section 590. All buildings defined in this chapter hereafter erected or altered shall be entirely of fireproof construction. APPROVAL. Section 591. No such building hereafter erected or altered, for the aforesaid purpose, shall be open to the public until the same has been inspected and approved by the Building Commissioner and a certificate of approval issued thereof, and the Mayor of the City of Dubuque shall have the power, with the aid of the police to take possession of and close said building or any part thereof, until the Building Commissioner shall issue such certificate, provided that such inspection must be made within 48 hours after having received written notice from the owner or lessee that the building is ready for inspection. FRONTAGE. Section 592. Every theatre here- after erected or any building remodeled, for the aforesaid purpose, shall have all entrances for patrons front upon a public thoroughfare, with, all emergency exits, not directly related to the main - entrance to face directly upon or upon open courts leading to a public thoroughfare. FIREPROOF BUILDING OVER AUDITORIUM. Section 593. Nothing herein contained shall pre- vent the construction of a thoroughly fireproof build- ing above a fireproof theatre, providing no part or such fireproof building shall be placed above that portion of any such building which is known as the stage section. The portion containing the theatre, including all passages, lobbies and other accessories connecting therewith, shall be cut off vertically from such fireproof building by unpierced fire walls of solid masonry not less than 12 inches thick and horizontally by unpierced fireproof floors. AISLES AND EXITS. Section 594. Aisles shall be not less than three feet wide at the beginning and all aisles shall be increased in width towards the exits three inches for every ten feet. For exits and aisles see Sections 578-579. STEPS IN AISLES IN GALLERIES. Section 595. Steps in aisles shall be full width of the aisles. No risers shall be mar e than nine inches in height, and no tread shall be less than ten inches in width and whenever the rise of seat platforms is four inches or less, the floor of the aisles shall be made as a gradient. Where steps are placed in passages they shall be grouped together and shall be clearly lighted. No stool, seat or other obstruction shall be placed in any aisle. ADDITIONAL EXITS WHEN OVER 1,000 CAPACITY. Section 596, When the seating capac- ity exceeds one thousand, additional emergency exits must be provided, in which case the same may face upon an open court not less than eight feet in width, leading directly to some public thoroughfare without obstruction. EXITS FROM STAGE SECTION. Section 597. At least two independent interior exits with direct outlet at court or street grade shall be provided from the stage level for the service of the stage and floors below. These exits shall be at opposite sides of the stage and may serve also as entrances. Each tier of dressing rooms shall have an independ- ent emergency exit leading directly to an open air stairway or to a court or street. No ladder fire escapes shall be permitted. The fly galleries shall be provided with adequate means of exit. All exits from the stage section shall be independent of the exits for the audience above the court or street grade. Stairways, if any, leading down from the stage level shall be enclosed and protected by fire- proof doors. CAPACITY OF LOBBIES, CORRIDORS, ETC. Section 598. Preceding each division of the theatre, there shall be foyers, lobbies, corridors or pas- sages, the aggregate capacity of which on each floor or gallery, shall be sufficient to contain the whole number to be accommodated on such floor or gal- lery, in the ratio of one square foot of floor area for each person. PASSAGES. Section 599. (a) The width of pas- sages and hallways shall be computed in the same manner as that hereinafter for stairways, but no passage may be less than five feet in width. (b) All passages, hallways and stairways leading from any balcony or gallery in any direction shall per- mit of free passage to an exit without returning. AUDITORIUM FLOOR LEVELS. Section 600. (a) The floor level of the auditorium of the first story thereof and where such floors are banked, the floor of the lowest bank shall not be above the sidewalk level. (b) The level of corridor at street entrance of the same shall not be more than six inches above the level of the sidewalk at such entrance. (c) To overcome any differences of level in and between corridors, courts, lobbies, passages, auditoriums and aisles on the ground floor, gradients shall be employed of not over one foot in ten feet, with no perpendicular risers. STEPS AT EXITS. Section 601. In the auditori- um there shall be no steps within four feet of the front of an exit or entrance doorway, not within one foot of the side thereof. FIRE DOORS AND WINDOWS. Section 602. (a) All window frames in walls of auditorium, balcony or gallery, stage or dressing rooms must be of metal or of wood covered with metal, or of such other incombustible material that may be approved by the Building Commissioner. (b) All glass, if used, must be of standard wire glass. PROSCENIUM WALL AND OPENING THICKNESS OF WALLS. Section 603. The stage shall be separated from the auditorium by a brick wall not less than twelve inches thick or its equiva- lent the entire width of the building and topped out at least four feet above the highest roof adjoining said fire wall. OPENINGS IN. Section 604. There shall be no openings in this wall, except the curtain or prosce- nium opening, and not more than four others to be located at or below the stage level. These latter openings shall not exceed twenty-one square feet each, with self-closing fireproof doors. LINTEL OVER OPENINGS. Section 605. The wall over the curtain or proscenium opening shall be carried by a fireproof steel or reinforced con- crete girder. FRAME OF OPENING. Section 606. The frame around the curtain or proscenium opening shall be formed entirely of fireproof material. If metal be used, the metal shall be filled in solid with incom- bustible material and securely anchored to the wall with iron. CURTAIN PROSCENIUM CURTAIN -'FIREPROOF. Section 607. The proscenium opening shall be provided with a rigid fireproof curtain, built in conformity with the following specifications or their equivalent in efficiency when approved by the Building Com- missioner. MATERIALS OF CURTAIN. Section 608. The curtain shall have a rigid, rivet jointed, steel framework. The front or audience side of the frame shall be covered with sheet steel of a thick- ness not less than No. 20 U. S. gauge. The back shall be covered with vitrified cellular asbestos boards at least one inch thick, or other material equally fire resisting. Both coverings shall be securely attached to the framework and the joints properly sealed. The curtain shall be designed to resist a wind pressure of ten pounds per sq. ft. of surface without flexture sufficient to interfere with its closing. THICKNESS OF CURTAIN. Section 609. The thickness of the curtain shall be not less than three (3) inches where the width of the proscenium wall opening is thirty (30) feet or less; curtains for larger openings shall increase in thickness in pro- portion to the increase in width of opening they cover. 193, ASBESTOS SMOKE ROLL. Section 610. An asbestos roll of a diameter not less than one-half the thickness of the curtain shall be securely attached to the bottom of the curtain to form a smoke seal between the curtain and the stage floor. OVERLAP. Section 611. The curtain shall overlap the proscenium wall opening at least twelve inches at each side of the opening and not less than two feet at the top. GUIDE MEMBERS. Section 612. The guide members at the sides shall be rolled steel shapes none of which shall be less than three-eighths inch thick, and shall be of such character as to form a continuous smoke seal from top to bottom, with a clearance of not over three-eighths inch. The guides shall be installed in such manner that in case of fire on the stage the pressure of heated gases against the curtain will act to close the guide joints tightly. Provisions shall be made to pre- vent the curtain from getting out of the guiding channel into which it shall project at least two inches. The proscenium wall shall have an offset at each side of the opening, so located and of such thickness and height as to be suitable for the at- tachment of the curtain guides. At least one inch shall be allowed at each edge of curtain to pro- vide for lateral expansion. Opportunity for expansion of the unprotected structural framework of the curtain and guides shall be furnished by slotting the holes of the con- necting bolts. WALL OVER PROSCENIUM AND SMOKE SEAL. Section 613. The wall over the proscenium opening shall be smooth and plumb to approximately the top of the curtain when it is down, and shall then offset at least four inches for the rest of its height, thus leaving a bench along the line of the top of the cur- tain between which a smoke seal shall be formed. Such seal may conveniently be provided by arrang- ing for the edge of a rolled steel shape, attached to the curtain to dip into a trough of sand resting on the bench. NO COMBUSTIBLE SUPPORTS. Section 614. No parts of a curtain or any of the curtain guides shall be supported by or fastened to any combus- tible material. HOISTING APPARATUS. Section 615. The hoisting apparatus for the curtain shall be designed with a factor of safety of eight (8). POINTS OF SUSPENSION. Section 616. The points for curtain suspension shall always be an even number but never less than four. Two of the suspension points shall be located at the extreme ends of the curtain, and the others may be placed at such points as best suit the design, but in no case shall the distance between any two points of support exceed ten feet. OPERATING MECHANISM FOR CURTAIN. Section 617. Half of the cables attached to these points shall lead to one set of counterweights and half to another. The curtain shall be operated by mechanism approved by the Building Commis- sioner. CONTROL OF CURTAIN. Section 618. The device for controlling the curtain shall be simple in design and capable of convenient operation from both sides of the stage and from the fly galleries. 194 SPEED AND EMERGENCY DEVICE CURTAIN. Section 619. The drop speed of the curtain shall be uniform and not less than one foot per second, but when the curtain is about two and one-half feet from the stage, it shall automatically slow down so as to settle on the stage without shock. In addition to the regular operating mechanism there shall be an emergency device which will cut off the power and allow the curtain to drop by gravity. This de- vice shall be so arranged that it can be easily op- erated by hand from each side of the stage, under the stage, and in the fly galleries. The device shall also be so arranged that its operation will be controlled by fusible links located at each of the above named points. DECORATION. Section 620. The audience side of the curtain may be decorated with a paint in which no oil is used. No combustible material shall be applied or attached to the curtain. DRAWINGS TO BE APPROVED. Section 621. Drawings for every such curtain shall be submitted to the Building Commissioner, and be approved by him before it is erected. COUNTERWEIGHTS FOR CURTAINS. Section 622. Where counterweights for curtains are used they shall be suspended at the extreme side or other walls of the stage section and enclosed by guides. STAGE SECTION FIREPROOF STAGE CONSTRUCTION. Section 623. All that portion of the stage which is not movable shall be of fireproof construction and de- signed to safely sustain a live load of not less than one hundred pounds per square foot and shall be covered throughout with a finished wood floor not less than one and three quarter inches thick. OVERHAULING OF STAGE. Section 624. All that portion of the stage extending from the stage inside of the curtain and from the wallseparating the space under the stage from the auditorium, to the outer edge of the apron shall be fireproof. A wood finish floor without air space may be used on the stage in front of the curtain. VENTILATORS OVER STAGE. Section 625. There shall be one or more ventilators constructed of metal or other incombustible material, near the center and above the highest part of the stage of every theatre, raised above the stage roof, and of a combined section area equal to at least ten per cent of the floor area within the stage walls. The openings in such ventilators shall have an aggregate section area equal at least to that required for the ventilators. Detailed drawings showing the con- struction and operation of the ventilators must be approved by the Building Commissioner before in- stallation is begun. The entire equipment shall conform to the following requirements or their equivalent. CONSTRUCTION OF COVER OF VENTILATOR. Section 626. The construction of the cover and its operating mechanism shall be massive and the cover shall open by force of gravity sufficient to effectively overcome the effects of neglect, of rust, dirt, frost, snow or expansion by heat or warping ofthe framework. PROTECTION FROM GLASS IN VENTILATORS. Section 627. Glass, if used in ventilators, must be protected against falling onto the stage. A wire screen, if used under the glass, must be so placed that if clogged, it cannot reduce the required vent area or interfere with the operating mechanism. AUTOMATIC OPENING OF VENTILATOR. Section 628. The cover shall be arranged to open instantly after the outbreak of fire by the use of approved automatic fusible links of the thinnest metal practicable; manual control also must be provided by a cord run down to the stage at a point designated by the Building Commissioner. LINK AND CORD CONTROL OF COVER OF VENTILATOR. Section 629. The link and cord must hold the cover closed against a force of at least thirty pounds excess counterweight tending to open the cover. Fusible links shall be placed in the ventilator above the roof line and in at least two other points in each controlling cord. No auto- matic sprinkler heads shall be placed in the ven- tilator space above the fusible links. While theatre is in use each ventilator cover shall be operated daily by one of the cords. DRESSING ROOMS, -vVORKSHOPS, STORAGE AND PROPERTY ROOMS. Location of. Section 630. Actors' dressing rooms, workshops, storage or general property rocms shallnot be placed in or under the auditorium. They shall be in a sep- arate section provided for that purpose. The partitions dividing the dressing rooms, together with the partitions of every passageway from the same to the stage, shall be constructed of approved fireproof material, not less than four inches in thickness. All doorways in any of said partitions shall be protected by self-closing fire doors. All dressing rooms shall be ventilated by fire windows to a street or to a court not less than twenty-four square feet area. SHELVING, ETC. Section 631. All shelving and cupboards in every property room or other storage rooms, shall be of incombustible material. FLY GALLERIES. Section 632. The entire fly galleries shall be constructed of iron or steel beams, filled with fireproof materials,and no wood boards or sleepers shall be used as covering over beams, but the floors shall be entirely, fireproof - and shall be designed for 100 pounds live load. RIGGING LOFT. Section 633. The rigging loft shall be fireproof, except the floor cover of the same. STAIRWAYS STAIR LANDINGS. Section 634. When stairs turn at an angle or return directly on themselves, a landing without steps of the full width of both flights shall be provided. The outer line of land- ings shall be curved to a radius of not less than two feet; this provision, however, shall not apply to emergency exit stairs on outside of buildings. When two side stairways connect with one main stairway the width of the main stairway shall beat least equal to the aggregate width of the side stair- ways. No stairway shall ascend to a greater height than twelve feet without a level landing and the length and width of such landing shall be not less than the width of the stairs, no run of stairs shall consist of less than six risers between platforms. TREADS AND RISERS. Section 635. All stairs shall have treads of uniform width and risers of uniform height in each flight. The risers shall not exceed seven and one-half inches in height nor shall the treads exclusive of nosing be less than ten and one-half inches wide. No circular stairs shall be permitted and no winders shall be intro- duced in any stairs which may be used for exit purposes. GALLERY GALLERY SEATS. Section 636. No seat in any gallery shall have more than four seats intervening between it and an aisle, or more than ten seats in a row between any two aisles. GALLERY PLATFORMS. Section 637. No plat- forms in gallery formed to receive the seats shall be more than twenty-one inches in height of riser, nor less than thirty-two inches in width of plat- form. No such platform shall be nearer than eight feet from the ceiling. For passages, hallways and stairways leading from balcony or gallery see Section 599-638. TUNNELS OR CROSS AISLES. Section 638. There shall be no more than eleven feet rise, measured vertically in any aisle in any gallery without direct exit by tunnel or otherwise to a corridor or passage with a free opening to the gal- lery stairs or other direct discharge to the street. At such elevation of eleven feet or less, an inter- vening or cross aisle leading directly to an exit may be substituted for the tunnel. No such tunnel or cross aisle shall be less then four feet wide in the clear. For steps in aisles, see Section 595. HEATING PLANT LOCATION OF HEATING PLANTS. Section 639. In any building to be erected for use as a theater, heating plantsshall be located outside the building, or in an extension thereof, but in no case shall such plant be located under or within any portion of the building, nor shall any boiler or fur- nace used for heating or other purposes be located within the enclosing walls of a theater, nor under any passageway, court or stairway used as a means of egress. In any existing building to be recon- structed or remodeled for use as a theater, heat- ing plants shall be located outside of such building or in an extension there of where the building with- in which it is proposed to operate the theater does not occupy the entire lot or parcel of real estate to be used for such purposes. If, however, such building does occupy the entire lot or parcel of real estate to be used for such purposes, then and in such event, such heating plants may be located within the building at such places therein as, in the judgment of the Building Commissioner and the Chief of the Fire Department, will constitute the least possible danger as a fire hazard, and in lo- cating such heating plants, boiler or furnaces used for heating or other purposes, due regard shall be given to passageways, courts and stairways used as means of egress from said building. In any event, whether such heating plants are located out- side of or within the building to be used and occu- pied as a theater, the space allotted therefor shall be enclosed by solid masonry walls of not less than 12 inches in thickness or of reinforced concrete not less than 8 inches in thickness, and the ceiling shall be constructed of reinforced concrete of not less than 6 inches in thickness. Doorways in walls 195 connecting with the building to be used as a theater shall be equipped with automatic fire doors which shall at all times be in good working con- dition. Complete plans and specifications of any pro- posed heating plant showing the proposed location thereof, the character of heating plant to be used and the method of installation shall be submitted to the Building Commissioner and Chief of the Fire Department, and their approval shall be received therefor before such plant is installed. Any heat- ing plant installed in any building proposed to be used as a theater which does not conform to the foregoing provisions shall be condemned by the Building Commissioner as a fire hazard and the building shall not be used as a theater until such heating plants are made to conform to the fore- going regulations. REGISTER COILS AND RADIATORS. Section 640. No coil or radiator shall be placed in any aisle or passageway used as exit, but said coils and radiators shall be placed in recesses formed in the wall or partition to receive the same. Chapter III. MOVING PICTURE THEATRES EXISTING AND NEW DEFINITION. Section 641. The term moving picture theatre in this ordinance means a place of public assembly where celluloid or other combus- tible films are employed in the projection of pic- tures or other representations before an assem- blage of people. The term shall apply to the place of assembly and to all rooms, passages and other parts of the building connected to or used in con- nection with such place. Lodge rooms where mov- ing picture machines are used in ritualistic work shall not be classed as moving picture theatres, but the moving picture machine shall be operated in a booth and the films shall be handled and stored as required by this ordinance. The term moving picture machine in this ordi- nance shall apply to any form of mechanism using celluloid or other combustible films for the pro- jection of pictures as above. Every motion picture theatre having a seating capacity of 300 or more shall be subject to all the provisions relating to theatres. CERTIFICATE OF INSPECTION. Section 642. (a) Any person or persons, at the present time operating a moving picture theatre or theatres to be constructed, shall be required to obtain a cer- tificate of inspection from the Building Commis- sioner. Said certificate of inspection will be issued only after moving picture theatre has. complied with regulations. CERTIFICATE OF INSPECTION POSTED. (b) Every certificate of inspection issued to moving picture shows and film exchanges under the pro- visions of this ordinance shall, while the same is in force, be posted in a conspicuous place, at or near the principal entrance of the premises for which it is issued, so that the same may be easily seen and read by any person passing in or out of such entrance. INSPECTION OF MOVING PICTURE THEATRES. Section 643. All rooms or buildings which have heretofore been erected for use in the operation of or which may hereafter be erected for or used in 196 the operation of moving picture machines shall be inspected and approved by the Building Commis- sioner. EXITS -NUMBER REQUIRED. Section 644. See Section 577. EXIT SIGNS AND RED LIGHTS. Section 645. Every exit doorway leading from the exhibition room shall have over the same on the auditorium side, the word "EXIT" in letters not less than six inches high, or an illuminated sign with letters of the same height. Where illuminated signs are not provided, there shall be at least one red light over each exit doorway. Lights used in marking exits or lighting passageways, stairways or inclines leading from them shall be controlled from the ticket office. AISLES. Section 646. In all moving picture shows or vaudeville theatres having two or more aisles each aisle shall not be less than thirty-six inches in width and the seatings of such houses shall be so arranged that there shall be no seats at a greater distance than eight seats from any aisle. SEATS. Section 647. See Section 578 under Theatres. acchiPERMIT. Section 648. No motion picture ma- chine ne or device shall at any time be operated in any building or enclosure, nor shall the public be ad- mitted to the audience room• in which such motion picture exhibit is to be given until the institution of such machine or device and the arrangements of such audience room and its accessories have been made to fully conform to all the provisions and re- quirements of this ordinance, as hereinafter speci- fied, nor until after approval by Fire Chief and Building Commissioner, and a permit issued for same. GENERAL CONSTRUCTION. •Section 649. Every motion picture machine or device must before being operated, be installed in a room, compart- ment, booth or enclosure constructed entirely of fire resistive material, which may include brick, tile, concrete, galvanized iron, hard asbestos, build- ing lumber, or their equivalent. All such rooms, compartments, booths or enclosures shall be con- structed in complete conformity with the following conditions and specifications. LOCATION. Section 650. The booth must not be placed directly over an aisle unless supported on fireproof supports and in all cases be securely anchored or fastened so as to prevent dislodgment in case of panic. SIZE. Section 651. Each room, compartment, booth or enclosure in which a motion picture ma- chine or device is installed, must be not less than six feet in height, with area of floor space varying in accordance with the number of machines or de- vices installed in such booths, as follows: One picture machine 5 x 5 One picture machine and one stereopticon 6 x 8 Two picture machines and one stereopticon 6 x 12 CONSTRUCTION AND ARRANGEMENT OF BOOTHS. Section 652. If the room, compartment, booth or enclosure is constructed of galvanized iron, hard asbestos board, asbestos building lumber or their equivalent it must be constructed and ,equippedsubstantially as follows: FRAME OF BOOTH. Section 653. To be made of at least 1-1/4 inch by 1-1/4 by 1/4 inch angle or tee irons, as follows: Four outside horizontal members at top and bottom. Four corner uprights. Intermediate uprights on sides and intermediate members on roofs, spaced at least every two and one-half feet. DOORS. Section 654. Doorway to be two feet wide but not more than five feet high, with an angle iron framing. JOINTS. Section 655. All joints in frame to be made tight, with angle iron or tee iron connection securely riveted or bolted and approved by the Building Commissioner. COVERING OF BOOTH. Section 656. Sides and top of booth and main entrance door shall be covered with hard asbestos boards or asbestos building lumber, of at least one-fourth inch thick- ness or their equivalent, or with steel or galva- nized sheet iron of not less than No. 20 U. S. gauge. The asbestos or its equivalent shall be so cut and arranged that vertical joints between boards shall come over an angle or tee iron, to which it shall be securely fastened by means of proper bolts and nuts, spaced not more than six inches apart. The sheet metal shall be so cut and arranged that joints shall always come•over a member, be overlapped and bolted or riveted to such members. Bolts and rivets to be spaced not more than three inches on centers. FLOORING OF BOOTH. Section 657. Floor shall be made of two parts, an upper and lower floor. Lower floor may be wood, 7/8 inch minimum thickness, supported on lower leg of horizontal angle irons. Resting on this floor shall be a floor made of hard asbestos board, asbestos building lumber of 3/8 inch minimum thickness, or an equally good non-combustible material. On top of this floor can be laid cord carpet or rubber matting. OPENINGS IN BOOTH. Section 658. There shall be not more than three openings in the booth for each machine, one for observation by the operator, one for operation of the machine and one for spot light 8x8. Opening for machine shall be not more than eight inches high and twenty-one inches long. Opening for operator shall be not more than eight inches wide or more than fourteen inches high. All such openings shall be provided with gravity doors, constructed of metal not less than 3/16 inch in thickness, when closed they shall overlap the openings at least two inches on all sides and be arranged to slide without binding in properly con- structed grooves, said doors to be held open nor- mally by use of a fine combustible Cord fastened to a fusible link which melts at a temperature of 160 degrees Fahrenheit, the whole so arranged that the doorway may be easily released and closed by hand. Door on spring hinges may be substituted for gravity doors and connected with fusible link, etc., same as specified for gravity doors. SHELVES. Section 659. All shelves, furniture and fixtures within the booth shall be constructed of incombustible material. VENTILATION OF BOOTH. Section 660. Near the center of the top of the booth shall be a circular opening of not less than ten inches in diameter, the upper side of said opening to be provided with an iron flange, which flange is to be securely fastened to the tee irons supporting the roof. Securely fastened to this flange shall be a metallic vent pipe of not less than ten inches in diameter, said pipe leading to the outside of the building or to an in- combustible vent flue; all parts of vent pipe to be at least six inches from any combustible material. BRICK, TILE OR CONCRETE BOOTHS. Section 661. If the room compartment, booth or enclosure is constructed of brick, tile or concrete, it shall have walls not less than four inches in thickness, except that if metal lath and studs and plastered walls are used, the thickness need only be two inches. The ventilation and general arrangement of the booth and the protection of openings shall con- form with the requirements of Section 658-660. LIGHTING OF BOOTH. Section 662. No arti- ficial light shall be used in any room, compart- ment or booth in which a motion picture machine is installed except that produced by electricity. EXPOSURE OF FILMS IN BOOTH. Section 663. No films shall be exposed in the booth at the same time other than the one film in process of transfer to or from the machine or from the upper to the lower magazine, or in process of rewinding. A separate metal case made without solder shall be provided for each film when the same is not in the magazine or in process of winding. They shall be kept in a fireproof box. FIRE EXTINGUISHERS IN BOOTH. Section 664. At least two standard hand chemical fire extinguish- ers shall be provided, one inside the booth and lo- cated in an accessible place within easy reach of the operator, the other located outside of the booth near door to same. SMOKING. Section 665. Neither smoking, nor use of matches shall be permitted in any booth, room, compartment or enclosure where a motion picture machine is installed. ENTRANCE•DOOR. Section 666. The entrance door to the motion picture machine booth shall be kept closed, but not locked, when an audience is in the building. The two latches of steel must be pro- vided, one to be placed twelve inches from the top and the other to be placed twelve inches from bot- tom of door; latch bar to be connected by metal rod so that one operation opens both latches. PORTABLE BOOTH PORTABLE BOOTHS -WHERE USED. Section 667. Portable booths shall not be used in any theatre or public hall in which a permanent booth has been or is installed but shall be used only for the temporary one-night exhibitions of motion pictures in places of assemblage, such as halls belonging to commercial organizations, churches, schools, etc., where it is deemed impracticable to install permanent booths made in accordance with the above specifications. SPECIFICATIONS FOR PORTABLE BOOTHS. Section 668. In constructing a portable booth the specifications for a permanent booth shall be followed, with the exceptions given below. (a) Intermediate uprights may be spaced every three (3) feet. (b) Special means for ventilation need not be provided except that there shall be an opening for 197 ventilation in the top of the booth, this opening shall be ten inches in diameter and a metal sleeve at least eighteen inches in height, provided with a ventilating cap, shall be attached thereto. FOLDING TYPE. Section 669. The booth may be made in a folding type so constructed that when assembled it will be rigid and all joints tight so that flames may not pass through them. THE BASE OF BOOTH. Section 670. Shall have a flange extension outward on all four sides pro- vided with a sufficient number of holes, through which booth may be fastened to floor. MOVING PICTURE MACHINE (a) FASTENING OF MOVING PICTURE MA- CHINES. Section 671. The motion picture ma- chines must be securely fastened to the floor to prevent accidental overturning or moving of same. (b) FEED ROLL FOR MACHINE. The motion picture machines must be equipped with a feed roll enclosed in metal magazine constructed of No. 20 U. S. gauge metal, with a slot at the bottom only large enough for film to pass out, and with cover so arranged that slot can be instantly closed. No solder to be used in construction of this box. Door on side shall be of metal and provided with spring hinges and latch, which will keep door closed tightly. (c) SHUTTER FOR MACHINE. A shutter must be placed in front of the condenser, so arranged as to be automatically closed when film is stationary. (d) ARC LAMP. The arc lamp used in a motion picture machine must be substantially constructed and entirely of metal except where the use of ap- proved insulating material is necessary and must be so designed as to provide for proper ventilation and to prevent sparks being emitted from lamp when same is, in operation and mica must be used for frame insulation'. Self closing doors must be pro- vided on side and rear of lamp enclosure and ob- servation ports not larger than two inches may be provided when closed with glass. Chapter IV. NEW MOVING PICTURE THEATRES CONSTRUCTION OF BUILDINGS. Section 672. All buildings hereafter erected for the purpose of moving picture theatres shall be of fireproof con- struction throughout and any existing building re- constructed for such purpose shall be made fire- , proof throughout. EXITS. Section 673. The front and rear exits shall open directly to street and alley. Additional exits shall be provided for on each side of said building leading directly to open courts not less than eight feet in width and said courts shall open directly onto street or alley. Chapter V. ASSEMBLY HALLS DEFINITION. Section 674. The term public assembly hall shall include every parish hall, lodge hall, dance hall, banquet hall, skating rink, hall used for exposition, exhibition or place of assem- blage or instruction; provided that rooms used for assemblages of less than 100 persons shall not be regarded as public assembly halls. 198 EXITS FOR ASSEMBLY HALLS. Section 675. In all buildings or parts of buildings occupied for purpose of assembly, other than theatres, the halls, doors, stairways, passageways, and all other exit facilities shall conform to the provisions of this Code as provided in Sections for Theatres. SEATING ASSEMBLY HALLS. Section 676. All seats shall be spaced as required for theatres. In computing the seating capacity of any room or build- ing used for purposes of assembly in which the seats are not fixed, an allowance of six square feet of floor area shall be made for each person and all space between the walls or partitions of such room or building shall be measured in this computation. STAGE AND SCENERY, ASSEMBLY HALLS. Section 677. Any assembly hall having a seating capacity of 300 persons or more and containing a stage shall comply with the requirements for thea- tres, except that stages, the area of which do not exceed one-fifth the area of the auditorium and having no transient scenery other than especially approved by the Building Commissioner, may con- form to the following requirements: The prosceni- um wall may be built as required for fireproof par- titions. All allowed openings in the proscenium wall, except the curtain opening, shalLbe protected by approved fire doors. The curtain in such as- sembly halls may be of asbestos instead of the rigid theatre curtain, and shall be hung on incom- bustible supports. All scenery, borders and wings shall be rendered non -inflammable. Chapter VI. PUBLIC GARAGES AND SALESROOMS DEFINITION. Section 678. (a) Where any por- tion of a building is used for a garage, the garage shall be deemed to embrace all of the buildings not separated from the garage proper by standard fire walls. All openings in such walls shall be protected on both sides by standard fire doors, constantly closed except when necessarily temporarily opened for passage. (b) A sales room is a building or portion thereof wherein are kept three or more autos or motor cars charged with or containing a volatile inflammable liquid for fuel or power. CLASS OF CONSTRUCTION, Section 679. No frame building shall be used as a public or com- mercial garage, and no building exceeding two stories in height shall be used as such garage, within the fire limits, unless it be of fireproof con- struction. No basement or cellar shall be allowed under such garage, nor shall any building be used as such garage unless the floor on which automo- biles containing volatile inflammable liquids are stored shall be of concrete or other suitable non- combustible material. (a) In all buildings newly erected and in old buildings that may be remodeled all partitions separating the sales room or show rooms from a garage proper, shall be of tile, brick, concrete or other non-combustible material, and all openings shall have standard fire doors constantly kept closed except when necessarily opened for passage. If office partitions and other partitions in sales rooms are carried to the ceiling, these partitions shall be fire proof where ceilings are lath and plaster. All partitions separating shop from garage proper shall be of brick, tile, concrete or other non-combustible material and shall have steel fire doors constantly kept closed except when necessarily opened for passage. VOLATILE LIQUIDS NOT TO BE DRAINED TO FLOOR DRAINS—FILLING FORBIDDEN. Section 680. It shall be unlawful to use or attach any garage with the public sewers where gasoline, oils or other inflammable liquids are used or stored unless systems of mud, gasoline and oil basins are installed according to the provisions of the City Plumbing Ordinances. CHARGING APPARATUS. Section 681. Where electric charging apparatus is installed or placed in a public or commercial garage or salesroom, all such apparatus except the wires leading to the automobile to be charged shall be placed within a room separated from the main garage by fireproof walls, which wall shall not be inferior in fire -re- sisting qualities to reinforced concrete construc- tion four inches in thickness; any openings from said room into the main garage shall be protected by self-closing fire doors, and door sills shall be raised at least eight inches above the floor level. NO SMOKING. Section 682. No person shall smoke in any garage. A notice in large letters "No Smoking" shall be kept displayed in a conspicu- ous place and manner on all floors and at the en- trance of all garages. SAND REQUIRED. Section 683. On the floor of every garage there shall be constantly kept and maintained convenient receptacles filled with sand to be used in absorbing waste oils on the floor, in addition thereto, sand shall be kept on every floor in buckets or boxes provided with hand scoops to be used for fire extinguishing purposes only. There shall be one such box or bucket for each two thou- sand square feet of floor area or fraction thereof or in lieu of such boxes or buckets there may be maintained a cart on wheels filled with sand, such cart to hold not less than four cubic feet of sand. FIRE EXTINGUISHERS. Section 684. There shall be maintained at least two one -gallon chem- ical fire extinguishers with Underwriters label on same for each two thousand square feet of floor space or fraction thereof in all existing garages and salesrooms. METAL WASTE CANS REQUIRED. Section 685. Self-closing approved metal cans set firmly on four inch legs shall be kept on all floors of every exist- ing garage and salesroom into which all inflam- mable waste materials shall be deposited at all times when not in use, and there shall be at least one such can for each twenty-five hundred square feet of floor area or fraction thereof and as many more as may be deemed necessary. The contents of all waste cans shall be removed from the build- ing daily. Chapter VII. CARBIDE STORAGE OF. Section 687. Calcium carbide shall be kept in air -tight containers of non-com- bustible material, preferably galvanized iron of not less than eighteen U. S. Gauge, with bottom at least six inches above the floor, and having securely fastened automatic closing covers. Chapter VIII. LUMBER STORAGE SHEDS FOR LUMBER. Section 688. Any wall of any such shelter which faces on any public street shall be constructed of incombustible material and shall have a fire wall extending three feet above the roof thereof. Whenever any such shed is located less than twenty feet from any ad- joining building, the adjoining building shall be pro- tected by an incombustible wall, all openings for doors therein shall be closed by approved fire doors and sash. All openings for windows therein to be closed with approved fire windows and provided with metal frames. None but wire glass shall be used in either doors or windows. CONSTRUCTION. Section 689. The framing shall be of mill construction and all posts shall have a sectional area of sixty-four square inches or more. The roof shall have an incombustible roof covering. DIMENSIONS. Section 690. Shelters shall not be more than twenty-five feet high. PILING OF LUMBER. Section 691. There shall be a space of at least three feet between the top of any lumber pile and the lowest point of the roof. DRIVEWAYS. Section 692. There shall be a driveway on two sides of the shelter, of sufficient width to accommodate the fire department appara- tus. Chapter IX. ICE HOUSES CONSTRUCTION OF. Section 695. Houses to be used exclusively for the storage of ice may be constructed within the fire limits and constructed of wood with non-combustible roofing, and walls to be enclosed with an envelope of incombustible mate- rial. Eight inch brick walls or tile, or approved cement blocks or concrete with proper foundations shall be used for such envelopes and such houses shall be used for no other purpose than the storage of ice. Chapter X. GRAIN ELEVATORS CONSTRUCTION OF. Section 696. Elevator buildings for the storage of grain and like produce in bulk, must be of fireproof construction. Chapter XI. DRY CLEANING ESTABLISHMENTS DEFINITION. Section 697. Every person, firm Or corporation keeping or using more than two quarts of gasoline, naptha, benzine, benzole or other light petroleum or coal tar products for the purpose of dry cleaning for profit or reward shall be held and is hereby declared and defined to be operating a dry cleaning establishment. CERTIFICATE OF APPROVAL. Section 698. Application for a certificate of approval shall be made in writing to the Building Commissioner and shall contain the name of the applicant, in an indi- vidual, and the names of the principal officers, if a corporation, the location of the place at which it is desired or intended to carry on such business, and a brief description of the place of business of the applicant for which the certificate of approval 199 is desired. A separate application shall -be made for each dry cleaning establishment carried on or conducted by the applicant wherever located with- in the City of Dubuque. Every such application shall be approved by the Chief of the Fire Depart- ment of the city before a certificate shall be issued. It shallappear from the application so filed and approved that the premises in which the applicant proposes to carry on or conduct a dry cleaning es- tablishment conforms to the requirements of this ordinance, then, upon the payment by the applicant to the City Treasurer of the inspection fee, here- inafter provided for, the Building Commissioner shall thereupon issue to such applicant a certificate of approval authorizing such applicant to engage in or carry on the business of dry cleaning in the place designated in the certificate of approval and for the period therein stated. CONSTRUCTION OF BUILDING. Section 699. Every building used or intended to be used for the purpose of conducting or carrying on the business of dry cleaning, as defined in this ordinance, shall be constructed and equipped according to the follow- ing specifications. WALLS -HEIGHT. Section 700. The walls shall be built of brick, stone or concrete with no base- ment and shall not exceed two stories in height. WALLS, THICKNESS OF FIRE WALL. Section 701. The walls of such building shall not be less than twelve inches thick, and every such building shall be detached from all other buildings by fire wall with no openings to the adjacent building there- to, and shall not be occupied for any purpose other than the conducting of dry cleaning and dry room plant. FLOORS AND ROOF. Section 702. The floor or floors and roofs shall be of fireproof construction. HEIGHT OF FIRST FLOOR ABOVE GROUND. Section 703. The first floor of such building shall be higher than the surface of the ground surround- ing such building, and shall be so laid that there shall be no space beneath the same. STAIRWAYS. Section 704. There shall be no openings through the floors, except in two story buildings, in which a stairway leading from the second floor to the first floor may be permitted if properly enclosed with walls of incombustible material. Such stairways shall lead to the outside of the building, without any doors or openings lead- ing into the dry cleaning rooms. STAIRWAY IN TWO STORY BUILDING. Section 705. Every such building two stories high shall be provided with two stairways leading from the second to the first floor, at least one of which must be placed on the outside, and be constructed of steel. DOORS. Section 706. All doors in any such building shall be constructed of incombustible material and shall open outward. WINDOWS AND OTHER OPENINGS. Section 707. All windows, openings, other than doors, of buildings hereafter erected or reconstructed for the purpose of dry cleaning shall have metal frames and sash, with wire glass, and automatic closing devices and approved by National Board of Fire Underwriters. LOCATION OF BOILER ROOM. Section 708. Whenever steam power shall be used for the 200 operation of any machinery contained in any such dry cleaning establishment, the boiler generating such power shall be located in a separate building so situated that the line of travel of gases between the boiler and the nearest opening into the cleaning or drying room shall be not less than twenty feet, provided, however, that such boiler and electric motor may be located in the same building where said building was used for dry cleaning purposes prior to the passage of this Code, if such boiler and electric motor are separated from the dry cleaning or drying room by fire walls having no opening into such dry cleaning or drying room ex- cept such openings as may be required for shafts in operating the machinery contained therein. LOCATION OF ELECTRIC MOTOR. Section 709. Whenever electrical power is used the elec- trical motor furnishing such power shall be simi- larly located. VENTS IN FLOOR. Section 710. Walls shall have vent holes at the floor line not less than six- teen inches in area, not less than six feet apart, measured from center to center, which vent holes shall be protected by such walls and by iron bars or by screens or large mesh on the outside of such walls. EXHAUST FAN AND ITS LOCATION. Section 711. Such buildings shall be further ventilated by means of exhaust fans of sufficient capacity to change the air in the building every three minutes and shall be kept in operation at all times during the use of such building. Such exhuast fan shall be located in an air -tight conduit, whose inlet openings shall be at or near the floor level in the wall far- ' thest away from any other building or structure and the discharge end of such conduit shall be carried over the roof of such building. FIRE PREVENTION APPLIANCES STEAM BOILER. Section 712. Every such dry cleaning plant shall be equipped with high pressure steam boiler of sufficient capacity to admit of flood- ing the dry cleaning and dry rooms with steam in case of fire. STEAM PIPE LINE. Section 713. Each room of such building shall be equipped with a line of one and one-fourth inch supply line, leading from such high pressure boiler and having down spouts at least two inches in length and not less than ten feet apart distributed over washers and extractors. The valves operating such lines of pipe shall in every case be placed outside of such building. TANKS IN PLACE OF STEAM PIPE LINE. Section 714. Every such dry cleaning plant con- structed and maintained prior to the passage of this Code may, in place of such high pressure boil- er be equipped with a suitable and adequate tank or tanks containing carbon dioxide. At least one such tank containing not less than one hundred and eighty cubic feet of gas under pressure shall be provided for each one thousand cubic feet or fraction thereof or cubic contents of the room to be protected from fires. The valve or valves operating such tank or tanks shall be located on the outside of such build- ing. WATER TANK. Section 715. Every such es- tablishment shall be provided with a tank not less than four feet long, two feet wide, and three feet deep, which shall be placed near the entrance to the dry cleaning room, and shall be kept filled with water. DRY CLEANING BUSINESSES NOT ALLOWED IN TENEMENT HOUSES OR SLEEPING APART- MENTS. Section 716. It -shall be unlawful for any person, firm or corporation to carry on or con- duct the business of dry cleaning as herein defined in any tenement house or in any building any portion of which is used or intended to be used as a sleep- ing apartment or dwelling place. No person shall be permitted to sleep in any dry cleaning or dry room. AMOUNT OF VOLATILE SUBSTANCE ALLOWED IN DRY CLEANING ESTABLISHMENT TO BE STORED FOR CLEANING PURPOSES. Section 717. (a) No volatile substance in excess of five gallons shall be used for cleaning purposes, except in closed machines, and must be conveyed from the tanks to the machines in closed pipes, by means of suction pumps properly controlled by valves. (b) It shall be unlawful to store or settle any of said substance in open vessels or tanks. VENT IN DRY ROOM. .Section 718. Dry room shall have an eight inch vent, opening into the at- mosphere for each four hundred and fifty cubic feet of space or fraction thereof; said vent pipe shall be carried up to a height of two feet above the roof of building and terminate in an approved ventilator hood. INSPECTIONS. Section 719. It shall be the duty of the Building Commissioner to regularly inspect all dry cleaning establishments at least once each month. FIRE PREVENTION Part XVII. Chapter I. MISCELLANEOUS PROVISIONS RUBBISH. Section 720. Within the fire limits, it shall be unlawful for any person or persons to allow rubbish to accumulate in any building or in streets or alleys. Rubbish of an inflammable nature in cellars within the fire limits, 'and in non - fir eproof buildings, shall be removed immediately upon accumulation. ASHES. Section 721. The storage of ashes any place within the city limits is hereby prohibited, unless same is kept in an incombustible receptacle. FIRE EXTINGUISHERS. (a) WHERE REQUIRED. Section 722. All hotels, theatres, garages and other buildings where deemed necessary by the Building Commissioner or Fire Chief shall be equipped with approved fire extinguishers. Same shall be located where directed by Building Commissioner or Fire Chief. (b) NUMBER AND SIZE. The number and size of fire extinguishers shall be determined by the Building Commissioner or Fire Chief. (c) RECHARGING OF. All fire extinguishers shall be recharged once each year. A tag shall be attached to each extinguisher, stating the date of said recharging and by whom done. This tag shall be filled out by the parties doing the recharg- ing. GAS SHUT-OFF Section 723. All buildings both within and without the fire limits which require a gas line of 1-1/2 inch or larger shall be equipped with gas shut-off as hereinafter provided. LOCATION AND CONSTRUCTION OF GAS SHUT- OFF. Section 724. (a) LOCATION. Such gas shut- off shall be so constructed so as to enable fireman to shut off the supply of gas to any such building from the outside thereof, and shall be located on the outside of the building where designated. All such devices shall be approved by the Fire Chief and Building Commissioner. (b) CONSTRUCTION. The specification of the Underwriters Laboratory shall befollowed in all shut -offs, and they must be approved and labeled by this body before being accepted by the Building Department. SCUTTLE FRAMES AND COVERS. Section 725. Hereafter all buildings of fireproof, or non -fire- proof construction, of two stories or more in height shall have a scuttle hole not less than. two feet by three feet, built in the roof. Said scuttle hole shall have a suitable cover of either metal or wood covered with galvanized iron or tin and shall be fastened on the inside by means of hooks, and shall in no case be fastened with a lock. If roofs have dormers or other means of egress to such roof, then scuttle is not necessary. PIPE IN WINDOWS. Section 726. Hereafter the placing of stovepipe or flues of any kind through a window is absolutely prohibited. SHAVING VAULTS. Section 727. Wells around shaving pits or bins must be of solid masonry con- struction, and if not more than six feet above ground, these walls may be eight inches thick; otherwise they must be at least twelve inches thick, and shall have a fireproof floor. This shall not apply to vaults having a capacity of 1,000 cubic feet or less. RUBBISH AND DEBRIS IN BUILDINGS. Section 728. The Building Commissioner and Chief of the Fire Department, or their authorized assistants, will inspect all buildings for the purpose of deter- mining the general character of the premises with respect to the disposition of debris, rubbish or other waste and inflammable material and all means of access from one part to another. All parts of all buildings shall be kept free from combustible mate- rials not in actual use and shall be neatly arranged in a manner to provide passageways or aisles for convenient movement and work of firemen. All openings shall be kept free from goods and mate- rial at all times. LIGHTS IN HALLS. Section 729. It shall be the duty of each lessee, manager or custodian of any hotel, flat or apartment house to keep, during all hours of the night, such numbers of lights burning in halls thereof as to make all public parts of such hallways visible to persons of ordinary eyesight coming into same. STAND PIPES WHERE NEEDED. Section 730. All existing buildings and buildings to be erected or 201 reconstructed, in excess of four stories in height, shall be provided with a standpipe. EXISTING BUILDINGS—TIME REQUIRED TO INSTALL. Section 731. Existing buildings, as here- in provided for, shall within six months after the taking effect of this ordinance, be equipped with a standpipe. LOCATION OF. Section 732. Standpipes where needed shall be located on outside of the building, unless otherwise provided for, and attached to the fire escape, as herein provided for. This does not prohibit inside standpipes being installed. Build- ings of fireproof construction that have inside en- closed stairways shall have standpipes located in- side stairway enclosure. SPECIFICATIONS FOR STANDPIPE. Section 733. On existing buildings, or buildings to be erected or reconstructed, four stories or more in height, the standpipes shall be constructed ac- cording to the following specifications: FASTENING OF. Section 734. Standpipe shall be securely fastened to balcony of fire escape and arranged with valves and male hose connections at each story above the first floor and roof, and with a two-way automatic Siamese at the bottom of the standpipe the hose connection to conform to the size of the pattern used by the Fire Depart- ment and provided with cap fastened with brass chain. SIZE OF PIPE. Section 735. On buildings four stories or less in height, the standpipe shall not not be less than four inches in diameter. On build- ings five stories and -not more than eight stories in height, the diameter of the standpipe shall be pro- portioned according to the height of the building and approved by Building Commissioner. NUMBER OF STANDPIPES. Section 736. The number of standpipes shall be determined by the Building Commissioner and Fire Chief. TESTING OF STANDPIPES. Section 737. All existing inside and outside standpipes, and such that are hereafter erected and connected to city water direct, shall be provided with a pet cock on top floor for purpose of testing water supply. INSPECTION OF STANDPIPES. Section 738. A semi-annual inspection of all standpipes shall be made by the Fire Chief or his assistants, and they shall examine all valves and connections and shall see that same are in good working order. In case they are not, it shall become the duty of the owner or owners, upon notification by the Fire Chief, to fix the same and have them in good work- ing condition within forty-eight hours after notifica- tion. LOCATION OF ELEVATOR AT NIGHT. Section 739. All elevators, either passanger or freight, shall be on the first floor during the night, or when not in operation. FIREPROOF RECEPTACLE IN BASEMENT FOR INFLAMMABLE MATERIALS. Section 740. All existing buildings in the fire district shall have a fireproof receptacle, with fireproof cover, in the basement, for receiving all inflammable materials, such as excelsior, burlap and wrappings from packed goods. DANGEROUS CHIMNEYS. Section 741. All chimneys in existing buildings shall be kept well 202 pointed up at all times; and in case the brick have fallen out or become loose, or is poorly con- structed so that same is dangerous to fire, the chimneys shall be torn down and be rebuilt from a point eighteen inches below the roof, same shall be built of vitrified brick or its equal. Part XVIII. STORAGE OF INFLAMMABLE LIQUIDS Chapter I. GENERAL PROVISIONS TO WHAT APPLICABLE. Section 742. The provisions hereinafter set forth relative to the storage of inflammable liquids shall apply to all new plants, stores, equipments and installations and, except as otherwise specified, to existing plants, stores, equipments, installations, and other conditions which constitute a distinct hazard to ad- joining property, in so far as the intent of the sec- tions can be reasonably fulfilled. All persons and business not specifically named in this Code, stor- ing, handling or using inflammable liquids, shall be governed by this Code, where it is applicable to that storing, handling or using. PERMIT REQUIRED. Section 743. It shall be unlawful for person, firm or corporation to estab- lish any plant for storage of gasoline or other vola- tile and inflammable liquids without first obtaining from the Building Commissioner a permit to do so. VOLATILE AND INFLAMMABLE LIQUIDS DEFINED. Section 744. By the term volatile and inflammable liquid is meant any liquid which, when tested in the open air of any temperature below 100 degrees Fahrenheit, will give forth any inflammable vapor or gas. APPLICATION FOR PERMIT TO ESTABLISH STORAGE PLANT --FEE. Section 745. Each per- son, firm or corporation desiring to establish any plant for storing gasoline or other volatile and in- flammable liquid or liquids, shall file with the Building Commissioner an application for permit to do so, accompanied by a plat drawn to scale and showing the location of the premises to be used for such storage plant, of each storage tank installed or to be installed thereon, and of all other struc- tures thereon and the location and present use of each building within one hundred feet of such prem- ises. The applicant shall also deposit a permit fee of one dollar. Section 746. The Building Commissioner shall investigate each such application, and if satisfied that such proposed storage plant will be established in conformity with this and all other ordinances of this city, he shall grant such permit, subject to the further requirements hereof, but if he be not so satisfied he may refuse such permit or withhold it until such time as the applicant shall conform such application to the requirements of this and the other ordinances of this city. PERMIT TO INSTALL TANK --FEE. Section 747. No storage plant intended for storing gasoline or other volatile and inflammable liquid or liquids shall be installed except in compliance with this ordinance and under permit issued by the Building Commissioner and payment of an inspection fee of one dollar. INSTALLATION OF TANKS. Section 748. All tanks installed under this ordinance shall be con- structed and provided with connections as herein prescribed. Such tanks above ground shall be covered or otherwise adequately protected against the action of the elements and danger of fire. Un- derground tanks shall be at least eighteen inches below the surface and entirely surrounded by at least six inches of concrete or clay or sand, the top to be below the level of the lowest pipe line upon the storage premises. Underground tanks beneath any building shall be at least three feet below the basement or cellar floor. No under- ground tank shall be nearer than six inches from any other tank. LOCATION OF TANKS. Section 749. Each tank installed above ground under this ordinance shall be located at least three hundred feet from any dwelling, school, church, theatre or other place of public assembly, hospital, asylum or other chari- table or public institutions, hotel or apartment building. CONSTRUCTION OF TANKS. Section 750. All tanks installed under this ordinance and having a capacity not exceeding five hundred gallons shall be made of at least twelve gauge galvanized steel or block open-hearth steel at least one-quarter inch in thickness; such tanks exceeding such capacity and not exceeding two thousand gallons' capacity shall be made of at least three -sixteenths inch galvanized steel or one-quarter inch black open- hearth steel; all such tanks exceeding two thousand gallons' capacity shall be increased in thickness according to the recognized ratio for steel con- struction. All such tanks of galvanized steel shall be properly welded or riveted and soldered; all such tanks of block open-hearth steel shall be properly welded or riveted and caulked. All such tanks shall be heavily coated outside with tar or other rust -resisting material and shall be properly vented. TANK CONNECTIONS. Section 751. All tanks installed under this ordinance and located within or beneath any building shall be provided with a one - inch galvanized vent pipe connected with the top by a connection provided with a brass wire screen of at least thirty mesh, and such vent pipe shall ex- tend at least four feet above the roof of such build- ing, terminating in a double goose neck spark pro- tector provided with a brass wire screen of at least thirty mesh. All pump -filler pipe connections shall be galvanized and at least two inches in diameter and properly protected throughout. Such pipes shall connect with underground tanks only at the top and terminate in a screw cap protected by a cast iron filled box flush with the sidewalk or alley or outside of wall of containing structure. Filler pipes con- nected with tanks within or beneath any building shall extend to the outside of such building and terminate in a screw cap. All such screw caps shall be kept securely locked. Part XIX. ELECTRIC SIGNS, SIGNBOARDS AND BILLBOARDS ON BUILDINGS AND GROUND Chapter I. GENERAL PROVISIONS PERMIT REQUIRED. Section 752. No electric sign, signboard, billboard on any building, or the ground, such as hereafter described under this article, except as provided for in Section 753, shall be erected or reconstructed within the City of Du- buque unless a permit shall have been first secured from the Building Commissioner by the person, firm or corporation desiring to erect such sign- board, billboard or electric sign. Permits shall first be obtained from the City Electrician for the electric wiring and presented with application for permit. All applications for such signboards, bill- boards, or electric signs shall be accompanied by such drawings or descriptions as are necessary to fully advise the Building Commissioner with the location, construction, weight, materials and man- ner of securing of such proposed signboard, bill- board or electric sign. If these drawings conform to the regulations in this Code, then the Building Commissioner shall issue the permit to erect the sign upon payment of required fee. PERMIT NOT REQUIRED. Section 753. Per- mits shall not be necessary for temporary sign- board or billboard to be placed on buildings adver- tising the sale or renting of such buildings on which they are placed, when such signboards or billboards do not exceed sixty (60) square feet of area. FEES. Section•754. Whenever a permit is re- quired for an electric sign, billboard or signboard, the fee shall be two and one-half dollars ($2.50) for each twenty-five feet in length or fraction there- of. BOND REQUIRED. Section 755. Every person, firm or corporation desiring to erect anelectric sign, billboard or signboard, wherever a permit is necessary, shall first execute a bond to the City of Dubuque, conditioned for the payment of not less than one thousand dollars and for such additional amount as may be determined upon by the City Council; said bond being further conditioned to in- demnify and hold the City of Dubuque harmless from any and all damage, loss, judgments and costs which may arise, occur or be sustained by said City of Dubuque by reason of the erection, hanging or maintenance of such electric sign, billboard or signboard, and conditioned further that such per- son, firm or corporation will appear for the City of Dubuque, and at his, their or its expense defend any action or proceedings brought against it in any court where such action or proceedings arose out of the erection, hanging or maintenance of such electric sign, billboard or signboard; and condi- tioned further, that such person, firm or corpora- tion will also promptly repay to the City of Dubuque any and all expense and outlay incurred by it, by reason of any of the provisions of their ordinance. Said bond is to be approved by the City Council and renewed annually before the first day of April of each year, and failure to renew such bond shall operate as a termination of the permit granted as herein provided for, and the electric sign erected or hung under and by virtue of such permit shall be taken down and removed from such premises within three days; and if not taken down and re- moved within said time, the Building Commissioner shall remove or cause the same to be removed immediately, and the City of Dubuque shall recover the expense thereof under the condition of said bond. This bond shall apply to existing electric signs, billboards, or signboards which are included in the preceding paragraph. INSPECTION AND ACCEPTANCE. Section 756. When the electric sign, signboard or billboard has been erected, the Building Commissioner shall be notified and if, upon inspection, finds same to have 203 been erected according to regulations of this Code, he shall issue a certificate of acceptance without further charge to owners. Service shall not be ordered turned on by the City Electrician until he has received written notice of such acceptance from the Building Commissioner. All signboards, billboards or electric signs attached to or erected on any building, and larger than sixty (60) square feet in area, shall be examined by the Building Commissioner once each year as to their safety, and if found to be well supported, braced and se- cured to the building a certificate of such shall be issued. HANGING ON FIRE ESCAPES PROHIBITED. Section 757. No part of any electric sign, sign- board or billboard shall be attached to a fire es- cape or placed to interfere with the egress or in- gress from the windows in case of fire. This con- dition shall apply to existing signs, signboards or billboards. SIGNS OVERHANGING PUBLIC PROPERTY ALL SWINGING SIGNS PROHIBITED. Section 758. Swinging signs are absolutely prohibited. This refers to existing conditions also. Chapter II. ELECTRIC SIGNS DEFINITION OF. Section 759. An electric sign shall be one, the letters of which are outlined in electric lights, or signs having approved raised letters of opal glass, illuminated from within the sign, the face of which sign is to be completely covered with galvanized iron of not less than No. 26 gauge, except the outline of the letters. MATERIAL MADE OF. Section 760. All elec- tric signs erected under the provision of this ordi- nance shall be constructed of iron or steel, the body of such sign is to be galvanized iron or steel, both frame and the body of such sign to be of such weight as may be approved by the Building Com- missioner. LOCATION, ERECTION, HEIGHT AND MAIN- TENANCE OF. Section 761. (a) Signs now existing or hereafter erected which overhang any public property must be placed at least 12 feet above the surface thereof. No such signs shall be erected or maintained so as to extend over public property a distance of more than 10 feet from the surface of the building and an allowance of one foot will be made for ordinary decorations at top and bottom of sign. Provided that if, from an examination of the building and the supporting walls thereof, it should be determined by the Building Commissioner that such walls will not support a sign 10 feet in width then such sign shall not be erected but the Building Commissioner shall permit the erection of such sign as would be proper taking into considera- tion the supporting strength of the wall and the weight of the sign. ELECTRIC SIGNS ON CANOPY OR MARQUISE. (b) Electric signs can be rigidly attached to canopy or marquise, but such signs shall not be less than 8 feet from the sidewalk. (c) The main supports of all electric signs shall be rod steel bars of required thickness to carry such weight of signs but in no case is this support- ing rod to be less than 3/8 of an inch for the small- est sign. This supporting rod shall be guarded with 204 rust resisting paint. It shall have a turn buckle in the center and all eyes shall be welded and have double split links for making connections. All guys must be cable sufficiently strong to place the sign and shall have turn buckles guarded with rust resisting paint. All anchors for main support- ing loads shall be drilled through the wall to the inside and be fastened in a substantial manner by using a cast washer and heavy nut. Guys shall be anchored to the wall with expansion bolts. No wood plugs will be permitted. ALTERATIONS AND REPAIRS OF. Section 762. No. alterations shall be made in any sign unless authorized by the Building Commissioner and City Electrician, and no other sign or board shall be hung or attached to any sign; if any sign shall at any time need repairing, the same shall be re- paired at the expense of the owner, and wherever the owner shall be given notice in writing to re- pair such sign by the Building Commissioner or City Electrician may cause such sign to be re- moved, and the City of Dubuque shall recover the cost thereof under the terms and conditions of the bond hereinbefore provided for and referred to; provided, however, that if such sign be in a danger- ous condition, the Building Commissioner may re- move or cause it to be removed at once, and with- out notice to the owner thereof, the City of Dubuque shall recover the costs thereof under the terms and conditions of the bond hereinbefore provided for and referred to. ELECTRIC `ROOF SIGNS" "Shall conform to requirements of Section 764. Chapter III. SIGNBOARDS AND BILLBOARDS ON BUILDINGS DEFINITION OF. Section 763. 1. The term signboard shall apply to display boards, screens used as such, having letters or illustrations painted, written, cut or projected thereon. 2. The term billboard shall apply to display boards, screens used as such, having attached thereto or pasted thereon, paper or other material with letters or illustrations painted or printed thereon. LOCATION OF. Section 764. 1. Signboards and billboards at any angle to the plane of the face of wall of any building, and overhanging public property, are prohibited. 2. Signboards can be fastened flat against the wall, and when they are erected on the roof of a building, they shall be placed so that the face of the sign shall not come within three feet of the inner plane of the outer wall of such building, nor shall it be constructed so that the bottom of such roof, signboard or billboard shall be no less than three feet above the surface of such roof, nor shall there be more than one roof signboard on the roof of any one building on each street front. This ap- plies also to electric "roof signs". DIMENSIONS OF. Section 765. No signboard erected upon or above the roof of any building shall be higher than eighteen feet over all unless con- struction of building is such as to afford the sign permanent support. MATERIAL. Section 766. All signboards and billboards attached to or placed upon a building shall be of metal or other noncombustible material. UNSAFE SIGNBOARDS OR BILLBOARDS. Section 767. Should any signboard or billboard be found unsafe or insecure, the owner shall be re- quired to make it safe and secure within forty- eight hours from the time of notification to that effect in writing from the Building Commissioner and if said notice is not complied with within the time specified, the Building Commissioner shall cause same to be removed at the expense of the owner. ANCHORAGE. 1. WALL BOARDS. Section 768. All signboards and billboards shall be se- curely anchored to the wall by means of expansion bolts. Wooden plugs are prohibited. 2. WIND STRESSES AND BRACES—ROOF BOARDS. All roof signboards or billboards shall be built and braced to withstand a horizontal wind pressure of thirty pounds for every foot of surface. BILLBOARDS AND SIGNBOARDS ON THE GROUND Section 769. All billboards and signboards here- after erected in the city limits shall conform to the following specifications: (a) HEIGHT FROM GROUND. All billboards and signboards shall be at least eighteen inches from the ground. This distance being measured from the ground to the bottom of the body of the sign. (b) POSTS. The size of the posts shall be de- pendent on the size of the sign, but no posts shall be less than 4x6 inches in its least dimension if built of wood. (c) BORDER. May be of wood. (d) BODY OF SIGN. Shall be made of incombus- tible materials and approved by the Building Com- missioner. (e) DISTANCE FROM CURB. Shall be same as required for Private Garages, 30 ft. See Section 410. This shall apply to existing billboards. FIRE LIMITS FIRE LIMITS ESTABLISHED. Section 770. All that part of the City of Dubuque, Iowa, embraced within the limits hereafter described shall be known as the fire limits of the City of Dubuque, to -wit: Commencing at a point on the bank of the Missis- sippi River 300 feet south of the south line of Rail- road Avenue, thence west along a line parallel -to Railroad Avenue to the east line of South Locust Street, thence north along the east line of South Locust Street to a point 500 feet south of the south line of Dodge Street, thence westerly parallel to Dodge Street to the east line of Bluff Street, thence in a northerly direction to the north line of Dodge Street, thence west to the rear lot line of lots on the west side of Bluff Street, thence northerly along the rear line of lots on the west side of Bluff Street to a point 100 feet from Eighth Street, thence west- erly along a line parallel to Eighth Street to the west line of Correl's Dubuque Addition, thence northerly along the west line of this Subdivision produced to a point 100 feet north of the north line of Robinson Street produced, thence easterly along a line parallel to Robinson Street to the intersection of this line and the rear lot line of lots fronting on the west side of Bluff Street, thence in a north- erly direction along the rear line of lots on the west side of Bluff Street to the north side of Seven- teenth Street, thence in an easterly direction to the rear of lots on the west side of Central Avenue, thence northerly along the rear line of lots facing Central Avenue to the south line of Kaufmann Avenue, thence in an easterly direction along the south line of Kaufmann Avenue and East 22nd Street to the west line of White Street, thence in a south- erly direction to the south line of East Nineteenth Street, thence in an easterly direction to the C. G. W. tracks, thence in a southerly direction to the south line of East 14th Street, thence along the south line of East 14th Street in an easterly direction to the Mississippi River, thence southerly along the Mississippi River to the point of beginning. BUILDINGS CONSTRUCTED WITHIN FIRE LIMITS. Section 771. That no frame or veneered buildings shall hereafter be erected within said fire limits, except as herein provided; that all buildings or structures hereafter erected or recon- structed within the fire limits shall be built in con- formity to the requirements of the Building Code of the City of Dubuque. The above regulations and requirements shall, however, not be held to in- clude any boat houses or house boats placed along the bank or shore of the Mississippi River. GENERAL PROVISIONS Part XXI. BUILDING CODE.AND ORDINANCE Chapter I. VIOLATIONS, CONFLICTIONS AND EFFECTS, ETC. VIOLATIONS AND PENALTIES. Section 772. Any person or corporation who, as owner, architect or builder, violates, neglects or refuses to comply with or opposes the enforcement of any of the provisions of this ordinance, shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) for each offense, and every person or corporation shall be deemed guilty of a separate offense for every day on which such violation or neglect shall continue after receiving notice from the Building Commissioner of such violations. EXPIRATION OF BONDS. Section 773. All bonds required to be given to the City of Dubuque by this Code shall expire on the first day of January of the following year, unless otherwise specifically provided for; and shall be renewed within five days after their expiration. LEGALITY OF ORDINANCE OR PARTS THERE- OF. Section 774. The invalidty of any section or part thereof shall not be deemed to invalidate any other section hereof. CONFLICTING ORDINANCES. Section 775. All ordinances or parts of ordinances in so far as con- flicting herewith, are hereby expressly repealed, but such repeal is to be without prejudice to any rights heretofore created, unless specifically re- ferring to existing conditions, any penalties now accrued or to any prosecutions for past violations of any ordinance or ordinances for which prosecu- tions are now pending, or mi€ht have been brought, and such rights, penalties or prosecutions are here- by expressly saved to the City of Dubuque or any other persons in interest. 205 Section 776. The foregoing ordinance is hereby ordered published in book or pamphlet form, and when so published and certified to by the City Clerk no further publication shall be required and the ordinance shall be in force and effect ten days from and after its final passage, adoption and approval by 206 the City Council and publication as above pre- scribed, and become operative on April 1, 1924. Passed, adopted and approved this 3rd day of March, 1924, upon final reading. CHAPTER XVIII Zoning and Platting Ordinance No. 26-29. An Ordinance Providing for the Appointment of a City Planning and Zoning Commission and De- fining Its Powers and Duties. Be it Ordained by the City Council of the City of Dubuque: PLANNING AND ZONING COMMISSION. Sec- tion 1. That there be and there is hereby created a city planning and zoning commission, the mem- bers of which shall consist of seyen citizens of the City of Dubuque who shall be qualified by knowl- edge and experience to act in matters pertaining to the development of city planning and zoning, none of whom shall hold any elective position in said City. Such members shall he appointed by the City Council. TENURE OF OFFICE. Section 2. The term of office of said members shall be five (5) years, ex- cept that the members first named shall hold office for such terms, not exceeding five (5) years, that the terms of not more than one-third of the mem- bers will expire in any one year. Vacancies oc- curring on the commission caused by resignation or otherwise, shall be filled by the Council for the unexpired term. All members of such commission shall serve without compensation except their ac- tual expenses which shall be subject to the approval of the Council. ORGANIZATION. Section 3. Such commission shall choose annually, at its first regular meeting, one of its members to act as chairman, and another of its members as vice-chairman, who shall per- form all of the duties of the chairman during his absence or disability. The commission shall adopt such rules and regulations governing its organiza- tion and procedure as may be deemed necessary, and it shall make an annual report to the City Council on or before the 1st day of March in each year, such report to contain its proceedings with a full statement of its receipts, disbursements and the progress of its work for the preceding fiscal year. It shall be empowered to appoint and employ such assistants as may be necessary and prescribe and define their duties and fix their compensation. APPROPRIATION. Section 4. The Council shall annually appropriate a sum of money from the gen- eral funds for the payment of the expense of such commission. The commission shall have full, com- plete and exclusive authority to expend for and on behalf of such City all sums of money so appropri- ated. Gifts, donations, or payments which are re- ceived by such City for city planning and zoning purposes shall be placed in such fund, to be used by the commission in a manner appropriate for its purposes. Said commission shall have no power to contract debts beyond the amount of its incomes for the current year. POWERS. Section 5. Said commission shall have and possess the following powers, and such other powers as may be incidental to the success- ful carrying out of the powers vested in it herein or such as may be expressly conferred upon it by law: 1. To make such surveys, studies, maps, plans or plats of the whole or any portion of the City and of any land outside thereof, which in the opinion of such commission bears relation to a comprehen- sive plan, and shall submit such plan to the Council with its studies and recommendations and it may publish the same. 2. To make recommendations for the location or erection of statuary, memorial or work of art in public places; public buildings, bridges, viaducts, street fixtures, public structures or appurtenances and the sites therefor. 3. To make recommendations upon plans, plats, or replats of subdivisions or resubdivisions in such City which show streets, alleys or other por- tions of the same intended to be dedicated for pub- lic use. 4. To make recommendations for street, park, parkway, boulevard, traffic way or other public improvements. 5. To carry on comprehensive studies of pres- ent conditions and the future growth of such City in order to guide and accomplish a co-ordinated, adjusted and harmonious development of such City in accordance with the present and future needs thereof to the end that the health, safety, morals, order, convenience, prosperity and general welfare may be best promoted. 6. To conduct public hearings upon the adoption of such comprehensive plan or any amendment thereto. 7. To prepare a comprehensive plan regarding the height, number of stories and size of buildings and other structures; the percentage of ground that may be occupied; the size of yards, courts and other open spaces; the density of population; and the location and use of buildings, structures, and land for trade, industry, residence, or other pur- poses and to this end shall prepare a preliminary report and hold public hearings thereon and after such hearings have been held, to submit its final report and recommendations to the City Council. 8. To recommend to the City Council, from time to time, as conditions require, amendments, supplements, changes or modifications in the com- prehensive plan prepared by it. 9. To do all things necessary or advisable in order to carry out the intent and purpose of this ordinance and all other ordinances relating to the State of Iowa as they now exist or as the same may be hereafter amended or supplemented. Passed, adopted and approted upon final reading this 29th day of March, 1929. Ordinance No. 23-45. An Ordinance Fixing Requirements for the Subdi- vision of Lots in the City of Dubuque and within 207 One Mile of the Limits of the City of Dubuque, Relating to Streets, Alleys, Blocks, Lots, Building Lines, Parks, Playgrounds and School Sites within Such Subdivisions, Relating to Rules and Regulations Governing Plats, Filing and Approval Thereof and Providing for a Pen- alty for the Violation of the Provisions Hereof. Be it Ordained by the City Council of the City of Dubuque: GENERAL REQUIREMENTS FOR THE SUBDI- VISION OF LAND. Section 1. Subdivisions shall conform to the master- plan and to the official map of the City. 1. Streets and Alleys. a. Street Widths. The minimum width of right- of-way for a main traffic thoroughfare in a resi- dence district shall be sixty-four feet (641). The minimum width of right-of-way for a minor street in a residence district shall be fifty feet (501). A "Cul -de -Sac" is a lesser street which serves a number of lots, and may be narrower than a minor street, if approved by Planning and Zoning Com- mission. b. Roadway Width and Parking Allowances. Roadway widths and vehicle parking shall be pro- vided in accordance with the following table of unit widths. Type of Street Main traffic thoroughfare Secondary traffic thoroughfare Minor street Parallel to curb 45 degree angle to curb 90 degree angle to curb 30 degree angle to curb Traffic Lane Unit Width Recommended Minimum 10 feet 9 feet 9 feet 8 feet 8 feet 8 feet Parking Unit Width Curb Length Recommended Minimum Allowance 8 feet 7 feet 18 feet 17 feet 19 feet 18 feet 15-1/2 feet 14-1/2 feet 23 feet 11 feet 8 feet 16 feet There shall be as many traffic lanes as parking unit widths on all streets except in specific in- stances where this restriction is waived by the Planning and Zoning Commission. c. Street Intersections. Winding streets are desirable but whenever possible intersecting streets shall be at right angles. d. Grades. In general, streets in residential districts shall follow the contours to minimize grades, which shall not be in excess of ten per cent (10%). A variation from this requirement may be made to meet the existing conditions of topography after consultation with the City Engineer. Subdi- viders shall bring streets to proper grade before lots are offered for sale to the public. e. Adjoining Street System, Relation to. All thoroughfares and minor streets shall be continu- ous or in alignment with existing streets and of the same or greater width, unless variations are deemed advisable by the Planning and Zoning Com- mission. It is desirable to plan a minimum of sub- division entrances to avoid traffic hazards. Heavy traffic shall be diverted around subdivisions. f . Dead End Streets. In general Cul -de -Sacs are recommended by so-called dead end streets or alleys shall not be accepted unless it is clear that through traffic at such a street is essential to the street system in that district; and under the said 208 conditions, a dead end street must have adequate turning space for vehicles. g. Names of Streets. Streets that are obvious- ly in alignment with others already existing and named shall bear the names of the existing streets. Names for new streets shall not duplicate nor sound similar to existing street names. Street names shall be approved by the Planning and Zon- ing Commission. h. Alleys. Alleys, where permitted, shall have a minimum width of twenty feet (20 1) but alleys in residential districts should be discouraged. A cut off shall be made at all alley intersections within a block by a curve, the radius of which is not less than 10 feet. i . Easements. Where alleys are not provided, easements of not less than four feet in width shall be provided on each side of all rear lot lines and side lines where necessary for public utility re- quirements. Easements of greater widths may be required along lines or across lots, where neces- sary for the extension of main sewer and similar utilities. As far as possible, all utilities shall be underground. Subdividers should be encouraged to supply water and sewer utilities before lots are of- fered for sale to the public. 2. Blocks. The best lengths of blocks will be determined in most cases either by topography or by the best subdivision of the property. a. Length. No blocks shall be longer than thirteen hundred and twenty feet (1320 1) between street lines. In blocks over seven hundred and fifty feet (750 1) in length a right-of-way shall be dedicated for a cross walk near the center of the block. The right-of-way for such walks shall be not less than ten feet (101). b. Width. In new subdivisions at distance from property already platted, block widths shall be es- tablished except for special reasons, at from two hundred (200 1) to three hundred feet (3001). 3. Lots. a. Area and Dimensions. The minimum,dimen- sions for residence lots shall be: Sixty feet (601) for width and one hundred feet (1001) for depth and in no case shall an irregular-shaped lot contain less than six thousand (6000) square feet. Corner residence lots shall have a minimum width of seventy feet (70 1) to permit the maintenance of adequate space on both side and front. Residential lots on major street intersections and at all other points likely to be dangerous shall have a radius of fifteen feet (151) at the street corner. These re- quirements may be modified by the Planning and Zoning Commission where topography and other conditions make them impractical. b. Lot Lines. In all rectangular lots and so far as possible all other lots, the side lines shall be at right angles to the street on which the lot faces and in the case of curved streets at right angles to the point of tangency. Lots with double frontage should be avoided. c. Remnant Lots. In such cases where irregu- larity of ownership or street lines would produce remnant lots, the area of which would be less than six thousand (6000) square feet, such areas shall be added to adjoining lots or left unplatted and marked "Lands" until such time as arrangement may be made with adjoining property owners for proper platting of such land. 4. Building Lines. a. The proposed building lines and area regu- lations shall be shown for all lots intended for res- idential use of any character, and shall not be less than the minimum as provided in the Zoning Ordi- nance. This requirement may be modified by the Planning and Zoning Commission where the topog- raphy or other conditions make this impracticable. Staggered building lines are given preference in good subdivision planning,. and are recommended by the Planning and Zoning Commission. 5. Parks, Playground:. and School Sites. a. In subdividing property due consideration shall be given to the dedication of suitable sites for schools, parks and playgrounds, so as to conform as nearly as possible to the recommendations of the City Plan Commission in its Master Plan of the City and adjacent areas. Such provision should be indicated on the prelimine.ry plan in order that it may be determined when and in what manner such areas will be dedicated to the City. . 6. Acreage Subdivisions. a. When the parcel is subdivided into larger tracts than for building lots, such parcels shall be divided so as to allow for the opening of major streets and the ultimate extension of adjacent minor streets and shall be in multiples of not less than lot areas required by this ordinance. PRELIMINARY PLAT. Section 2. 1. General. In seeking to subdivide land into building lots and to dedicate streets, alleys, or other lands for public use, the owner shall submit four (4) copies of a preliminary sketch plat to the Planning and Zoning Commission for tentative approval before submission of final plat. 2. Drafting. Preliminary plats shall be drawn on sheets whose dimensions are 8-1/211x1111 or multiples thereof. Preliminary plats shall be drawn with a north point in the upper left quarter of the drawing. They shall accurately and clearly indicate the date of the completion of the plat, adequate notation re- garding scale and scales used, name of tract or tracts included. 3. Information to be Shown. The preliminary plat shall show: a. The location of property lines, buildings, water courses, and other existing features in or within three hundred feet (3001) of the plot and for a greater distance, if required by the Planning and Zoning Commission. Location and size of sewer, water, electric power and gas lines and similar services accessible to the plot. The Commission may require a contour map, showing contour inter- vals of three (3) or more feet. b. The proposed location and dimensions of streets, alleys, lots, blocks, easements and build- ing lines and similar facts regarding existing con- ditions in property immediately adjacent. The title under which the proposed subdivision is to be recorded, and the name of the allotter and of the engineer or surveyor platting the tract. c. The names of all adjoining subdivisions or properties. The approval of the preliminary plat does not constitute an acceptance of the subdivision. The preliminary plats shall be valid for a period of ninety days (90) only and the final plats shall be presented within ninety (90) days for final approval. The subdivider could well discuss the details of a preliminary plat with the Building Commissioner before its submission to the Planning and Zoning Commission in order to simplify the subdivider's task and acquaint the Building Commissioner with the problem. FINAL PLAT. Section 3. 1. General. The final plat shall show the proposed ultimate layout and development to be considered. Four copies of the final plat shall be filed with the City Clerk. 2. Drafting. This plat shall be made at a scale of not less than 100 feet to the inch from an accurate survey drawn on a sheet whose dimensions are 8-1/211x1111 or multiples thereof. 3. The Final Plat Shall Show: a. The boundaries of all existing property. All Monuments together with their descriptions. The lines of all adjoining properties, the line of adja- cent streets and alleys with their widths and names. b. The widths of each proposed street, road or alley and the width of each part thereof; i.e., the roadway, sidewalks, and parking spaces. A sepa- rate profile of each established and proposed street, road and alley drawn to a recommended horizontal scale of forty feet (40 1) per inch and a vertical scale of four feet (41) per inch showing grades along roadway center line. Radii, Arcs, and chords, points of tangency and central angles for all curvilinear streets; the radii of all rounded curves. All lot lines, and numbers of all lots and blocks; building lines and easements with figures showing their dimensions. All other areas dedicated to public use, i.e., parks, playgrounds and school sites and their di- mensions. Description of property subdivided, showing its location and extent, points of compass, scale of plan, name of subdivider, and certificate of engineer platting and tract; also classification of property under the Zoning Ordinance. c. Abstract of Title--Opinion--Certificates. Every plat shall have attached thereto a complete abstract of title accompanied by an opinion from an attorney at law showing that the fee title is in the proprietor and that the land platted is free from incumbrances or is free from incumbrance other than that secured by the bond provided for in "e" of Section 3 subdivision 3 hereof and a certified statement from the treasurer of the county in which the land lies that it is free from taxes and 209 from the clerk of the district court that it is free from all judgments, attachments, mechanics' or other liens as appears by the record in his office and from the recorder of the county that the title in fee is in such proprietor and that it is free from incumbrance or free from incumbrance other than that secured by the bond provided for in "e" of Section 3 subdivision 3 hereof, as shown by the records of his office. d. Incumbrances --Payment--Creditor's Refus- al. If the land so platted is incumbered with a debt certain in amount and which the creditor will not accept with accrued interest to the date of proffered payment if it draws interest or with a rebate of six per cent per annum if it draws no interest, or if the creditor cannot be found, then such proprietor, and if a corporation, its proper officer or agent, may make an affidavit stating either that the pro- prietor offered to pay the creditor the full amount of his debt, or the debt with the rebate, as the case may be, and that he would not accept the same, or that he cannot be found. e. Incumbrance --Bond. The proprietor shall then execute and file with the recorder a bond in double the amount of the incumbrance which bond shall be approved by the recorder and clerk of the district court. The bond shall run to the County and be for the benefit of purchasers of land sub- divided by the plat and shall be conditioned for the payment of the incumbrance, and the cancellation thereof, of record as soon as practicable after the same becomes due and to hold all purchasers and those claiming under them forever harmless from such incumbrance. f . Record --Filing. The signed and acknowledged plat, the abstract, and the attorney's opinion, to- gether with the certificates of the clerk, recorder and treasurer, and the affidavit and bond, if any, together with the certificate of approval of the Council, shall be entered of record in the proper record books in the office of the county recorder. When so entered, the plat only shall be entered of record in the office of the county auditor and shall be of no validity until so filed, in both offices. Section 4. The City Council shall require the owner of land to bring -all streets and alleys to a grade acceptable to the Council and to hard sur- face the same before the plat is approved and may also require the installation of sidewalks, paving, sewers, water, gas and electric utilities. The Council or Commission may tentatively ap- prove such plat prior to such installation, but any such tentative approval shall be revokable. In lieu of the completion of such improvements and utili- ties prior to the final approval of the plat, the Council or Commission may accept a bond with surety to secure to the City the actual construction and installation of such improvements or utilities within a fixed time and according to specifications determined by or in accordance with the regulation of the Council or Commission the City is hereby granted the power to enforce such bond by all ap- propriate legal and equitable remedies. Section 5. Said plats shall be examined by such City Council and City Plan Commission where such exists, with a view to ascertaining whether the same conform to the statutes relating to plats with- in the City and within the limits prescribed by this section, and whether streets, alleys, boulevards, 210 parks and public places shall conform to the gen- eral plat of the City and conduce to an orderly de- velopment thereof, and not conflict or interfere with rights-of-way or extensions of streets or al- leys already established, or otherwise interfere with the carrying out of the comprehensive city plan, in case such has been adopted by such city. If such plats shall conform to the statutes of the state and ordinances of such City, and if they shall fall within the general plan for such City and the extensions thereof, regard being had for public streets, alleys, parks, sewer connections, water service, and service of other utilities, then it shall be the duty of said Council and Commission to in- dorse their approval upon the plat submitted to it; provided that the City Council may as to plats of land lying within the corporate limits require as a condition of approval of such plats that the owner of the land bring all streets to a grade acceptable to the Council, and comply with such other reason- able requirements in regard to installation of pub- lic utilities, or other improvements as the Council may deem requisite for the protection of the public interest. VIOLATIONS AND PENALTIES. Section 6: Any person or corporation who violates any of the pro- visions of this Ordinance shall be fined not less than Five ($ 5.00) Dollars nor more than One Hundred ($ 100.00) Dollars for each offense and any person or corporation shall be deemed guilty of a separate offense for every day of which such violation shall continue after receiving notice from the Building Commissioner of such violation. LEGALITY OF ORDINANCE OR PARTS THERE- OF. Section 7. The invalidity of any section or part thereof shall not be deemed to invalidate any other section hereof. CONFLICTING ORDINANCES. Section 8. All Ordinances or parts of Ordinances in so far as con- flicting herewith are hereby expressly repealed. Passed, adopted and approved upon final reading this 3rd day of December, 1945. Ordinance No. 3-34. An Ordinance to Provide for the Comprehensive Zoning of the City of Dubuque and to Regulate and Restrict the Location and Use of Buildings, Structures, and Land for Trade, Industry, Resi- dence or Other Purposes; to Regulate and Re- strict the Height of Buildings Hereafter Erected or Altered; to Regulate and Determine the Area of Yards and Other Open Spaces about Buildings; to Regulate and Determine the Density of Use of Land and Lot Areas and for that Purpose to Divide the City into Districts; to Provide for a Board of Adjustment and the Orderly Enforce- ment of the Regulations Hereof; to Provide Pen- alities for the Violation of the Provisions Here- of; Repealing All Ordinances or Parts of Ordi- nances in Conflict Herewith; and Designating this Ordinance as "The Zoning Ordinance of the City of Dubuque." Whereas, the City Council of the City of Du- buque Deems it Necessary to Provide for the Zoning or Districting of Said City in Order to Lessen Congestion in the Streets; to Secure Greater Safety and Protection from Fire, Panic and Other Dangers; to Promote the Public Health, Morals and General Welfare; to Provide Adequate Light and Air; to Prevent the Over- crowding of Land; to Avoid Undue Concentration of Population; to Facilitate the Adequate Provi- sions of Transportation, Water, Sewerage, Schools, Parks and other Public Requirements; to Conserve the Value of Lands and Buildings and Encourage the Most Appropriate Use of Land Throughout the City in Accordance with a Comprehensive Plan; Be it, Therefore, Ordained by the City Council of the City of Dubuque: ARTICLE I. DISTRICTS CLASSIFICATION OF DISTRICTS. Section 1. This ordinance shall be known as "The Zoning Or- dinance of the City of Dubuque" and said City is hereby divided into seven classes of districts, to - wit: a. Single family residence districts. b. Two family residence districts. c. Multiple residence districts. d. Local business districts. e. •Business districts, f . Light industrial districts. g. Heavy industrial districts. BOUNDARIES OF DISTRICTS. Section 2. The boundaries of said districts are shown on a map entitled "Zoning Plan, City of Dubuque, Iowa," dated Jan. 29, 1934, which map is hereto attached and made a part hereof and all notations, referenc- es and information shown thereon shall be as much a part of this ordinance as if the same were fully incorporated herein. ARTICLE II. SINGLE FAMILY RESIDENCE DISTRICT USE REGULATIONS. Section 1. No building or premises shall be used and no building or structure shall be erected or altered to be used in whole or in part, unless otherwise provided for in this ordi- nance, except for the following purposes: a. Single family dwelling. b. Educational, religious or philanthropic use, excluding business school and college or correc- tional institutions. c. Public library, public museum and other public buildings and municipal structures includ- ing water supply reservoir or standpipe. d. Club, lodge, or community center building, except where the principal activity of which is a service customarily carried on as a business or has more than five sleeping rooms. e. Public parks, playgrounds, and golf links of over 20 acres. f . Farm, garden, nursery or greenhouse. g. Railroad and railway rights-of-way and pas- senger stations, and bus passenger stations. h. Telephone exchanges (provided the plans of the building and use of the property are approved by the Planning and Zoning Commission.) i. Professional office or studio of a physician, surgeon, doctor, dentist, architect, musician, lawyer or similar profession, provided that the of- fice or studio is located in a dwelling used as such and further provided that no goods are publicly dis- played on the premises, and that no sign or adver- tisements are shown other than the name and pro- fession of the person using the office or studio, and such sign or name plate shall not exceed one (1) square foot in area. j. Accessory use on the same lot with and cus- tomary incident to any of the above permitted uses, including a private garage for not more than three (3) motor vehicles. k. Signs. In addition to the sign or name plate (see item (i) ) the following signs may be erected in this district; not more than two temporary signs, neither of which shall exceed twelve (12) square feet in area pertaining to the construction, lease, rent, or sale of a building or premises, and a name plate or bulletin board not exceeding twelve (12) square feet in area at the entrance to a church or similar institution. 1. Hospitals, sanitariums, and garages for more than three (3) motor vehicles, or a private garage on a separate lot, providing a petition therefor, ac- companied by the written consent of the owners of seventy-five (75) per cent of the area of all real estate within three hundred (300) feet of any part of the premises upon which such proposed struc- ture is to be established is filed with the Board of Adjustment and approved by it. m. Boarders or roomers. In a dwelling occupied as a private residence, one or more rooms may be rented or table board furnished up to and includ- ing four (4) rooms or eight (8) adult guests. HEIGHT REGULATIONS. Section 2. No build- ing shall be erected or altered to exceed in height thirty-five (35) feet or two and one-half (2-1/2) stories, unless it sets back from each street and lot line, in addition to the yard requirements, one (1) foot for each foot of excess height. No building shall exceed in height the width of the widest street upon which the lot abuts. Unoccupied towers, spires and domes are excepted. AREA REGULATIONS. Section 3. No building shall be erected or altered except in conformance with the following provisions: a. Front Yards. A front yard having a mean depth of not less than twenty-five (25) feet is re- quired on every lot, excepting that in blocks where there are existing buildings at the time of the pas- sage of this ordinance, then a front yard for any new, altered, or reconstructed building, may be varied by the Board of Adjustment upon petition or appeal, as hereinafter provided, in accordance with existing front yards, but in no case shall a front yard be required to exceed fifty (50) feet in depth. Nothing in this section shall justify the violation of any existing deed, or contract prescribing a building line although such would create a front yard or equivalent open space of a greater mean depth than specified in this section. b. Side Yards. On every lot, side yards are required, each with a minimum width of not less than six (6) feet and aggregating a total of not less than twenty-five (25) per cent of the .width of the lot. On a corner lot, the house side yard adjacent to a side street shall have a minimum width of not less than ten (10) feet. c. Rear Yards. A rear yard having a mean depth of not less than twenty-five (25) per cent of the total depth of the lot is required. d. Courts. All courts shall conform to the re- quirements of the Housing Law, State of Iowa. e. Lot Area Per Family. No dwelling shall be erected or placed on a lot containing less than six 211 thousand (6,000) square feet or a width less than fifty (50) feet. Nothing in the area regulations of this ordinance relating to lot area per family shall be held to pro- hibit the erection of a one -family dwelling upon a lot, the area of which is less than that prescribed as the minimum lot area per family, provided such lot was held under separate ownership from the adjacent lots, and a recorded plat of lots or subdi- vision of property shows such lot to be separate and distinct at the time of the passage of this ordi- nance. Vacant adjacent lots held by the same owner at time of the passage of this ordinance shall be re - platted to provide the required lot area per family before any building is erected or placed thereon. f . See Article IX (h). Window Area Require- ments. ACCESSORY USES. Section 4. a. Rear Yard Area Occupied by Accessory Uses. Accessory buildings may occupy not to ex- ceed forty (40) per cent of the area of the rear yard. b. Private Garages. A private garage not ex- ceeding fifteen (15) feet in height may provide storage for not more than three (3) motor vehicles, but shall not exceed two hundred and forty (240) sq. ft. of area per vehicle. Not more than one com- mercial motor vehicle may be stored therein. Storage space for not more than two (2) motor vehicles may be rented to others than occupants of the premises. No business, occupation or service connected in any way with motor vehicles shall be permitted. c. Location of Accessory Buildings. No part of any accessory building shall be nearer than fifty (50) feet to any front street line, or nearer than three (3) feet to any interior side or rear lot line, except that a private garage may be incorporated in a dwelling, in which case the house side yard clearance shall prevail. In the case of a corner lot any separate accessory building shall not be nearer to the side street line than fifteen (15) feet. No accessory building shall be located within ten (10) feet of the rear of a one-story dwelling and two (2) feet additional for each story of the dwelling above the first. d. Barns and Stables. Provision may be made for the shelter of private horses, and for such ve- hicles as may be appropriate for transportation use in connection therewith. Two (2) horses shall be deemed the equivalent of one (1) motor vehicle, in determining the permitted number. No barn or stable shall be erected or used on a lot closer than sixty (60) feet to the dwelling on said lot, or closer than seventy-five (75) feet to a dwelling on any adja- cent lot. The keeping of sheep, rabbits, goats, or cattle is prohibited except on premises containing over one acre, and except within an enclosure distant at least fifty (50) feet from any side lot line or any street line. Poultry shall not be kept other than within an enclosure distant at least ten (10) feet from any side lot line and at least fifty (50) feet from any street line or dwelling. UNDEVELOPED AREA. Section 5. The usual farm buildings may be erected for farm purposes in outlying undeveloped areas except that no build- ing shall be erected on an approved street location. Temporary non -conforming structures may be 212 erected in such undeveloped areas for not more than two (2) years, but this period may be extended by the Board of Adjustment upon its own motion or upon petition or appeal or upon the recommendation of the Planning and Zoning Commission. ARTICLE III. TWO-FAMILY RESIDENCE DISTRICT USE REGULATIONS. Section 1. No building or premises shall be used and no building or structure shall be erected or altered to be used in whole or in part, unless otherwise provided for in this ordi- nance, except for the following purposes: a. Use permitted in Single Family Resident District. b. Two-family dwelling. c. Accessory use on the same lot with and customarily incident to any of the above permitted uses, including a private garage for not more than four (4) motor vehicles. d. Addition to a cemetery existing at the time of the passage of this ordinance, provided in such case that such addition shall be approved by the Board of Adjustment. HEIGHT REGULATIONS. Section 2. No build- ings or part thereof shall be erected or altered to exceed in height thirty-five (35) feet or two and one- half (2-1/2) stories unless it sets back from each street and lot line in addition to the yard require- ments one (1) foot for each one (1) foot of excess height. No building shall exceed in height the width of the widest street upon which the lot abuts. Un- occupied towers, spires and domes are excepted. AREA REGULATIONS. Section 3. No building shall be erected or altered except in conformance with the following provisions: a. Front Yard. A front yard having a mean depth of not less than twenty (20) feet is required on every lot, excepting that in blocks where there are existing buildings at the time of the passage of this ordinance, then a front yard for any new, al- tered or reconstructed building, may be varied by the Board of Adjustment upon petition or appeal, as hereinafter provided in accordance with existing front yards, but in no case shall a front yard be re- quired to exceed fifty (50) feet in depth. Nothing in this section shall justify the violation of any existing deed or contract prescribing a building line, although such building line would create a front yard or equivalent upon space of a greater depth than that specified in this section. b. Side Yards. On every lot side yards are re- quired, each with a minimum width of not less than four (4) feet and aggregating a total of not less than twenty (20) per cent of the width of the lot. On a corner lot, the house side yard adjacent to a side street shall have a minimum width of not less than eight (8) feet. c. Rear Yards. A rear yard having a mean depth of not less than twenty (20) per cent of the total depth of the lot is required. d. Courts. All courts shall conform to the re- quirements of the Housing Law, State gf Iowa. e. Lot Area Per Family. No dwelling shall be erected or placed on a lot containing less than the following minimum lot areas per family: One Fam- ily dwelling --five thousand (5,000) square feet. Two Family dwelling --three thousand five hun- dred (3,500) square feet per family. Nothing in the area regulations of this ordinance relating to lot area per family shall be held to pro- hibit the erection of a one family dwelling upon a lot, the area of which is less than that prescribed as the minimum lot area per family, provided such lot was held under separate ownership from the adjacent lots and a recorded plat of lots or subdi- vision of property shows such lots to be separate and distinct at the time of the passage of this ordi- nance. Vacant adjacent lots held by the same owner at time of passage of this ordinance shall be replatted to provide the required lot area per fam- ily before any building is erected or placed thereon. f . See Article IX (h). Window Area Require- ments. ACCESSORY USES. .'.lection 4. a. Rear Yard Area Occupiable by Accessory Uses. Accessory building may occupy not to ex- ceed forty (40) per cent of the area of rear yard. b. Prixate Garages. A private garage not ex- ceeding fifteen (15) feet in height may provide storage for not more than four (4) motor vehicles, but shall not exceed two hundred and forty (240) sq." ft. area per vehicle. Not; more than one (1) com- mercial motor vehicle per family may be stored therein. Storage space for not more than two (2) motor vehicles may be rented to other than occu- pants of the premises. No business, occupation or service connected in any way with motor vehicles shall be permitted. c. Location of Accessory Buildings. No part of any accessory building shall be nearer than forty-five (45) feet to any front street line, or nearer than three (3) feet to any interior side or rear lot line, except that a private garage may be incorporated in a dwelling, in which case the house side yard clearance shall prevail. In the 'case of a corner lot any separate accessory build- ing shall not be nearer to the side street line than fifteen (15) feet. No accessory building shall be located within ten (10) feet of the rear of a one story dwelling and two (2) feet additional for each story of the dwelling above the first. d. Barns and Stables. Provision may be made for the shelter of private horses, and for such ve- hicles as may be appropriate for transportation use in connection therewith. Two horses shall be deemed the equivalent of one (1) motor vehicle in determining the permitted number. No barn or stable shall be erected or used on a lot closer than sixty (60) feet to the dwelling on said lot, or closer than seventy-five (75) feet to a dwelling on any adjacent lot. The keeping of sheep, rabbits, goats, or cattle is prohibited except on premises containing over one acre, and except within an enclosure distant at least fifty (50) feet from any side lot line or any street line. Poultry shall not be kept other than within an enclosure distant at least ten (10) feet from any side lot line and at least fifty (50) feet from any street line or dwelling. UNDEVELOPED AREA. Section 5. The usual farm buildings may be erected for farm purposes in outlying undeveloped areas except that no build- ing shall be erected on an approved street location. Temporary non -conforming structures may be erected in such undeveloped areas for not more than two (2) years, but this period may be extended by the Board of Adjustment upon its own motion or upon petition or appeal or upon the recommendation of the Planning and Zoning Commission. ARTICLE IV. MULTIPLE RESIDENCE DISTRICT USE REGULATIONS. Section 1. No building or premises shall be used, and no building shall be erected or altered to be used in whole or in part, unless otherwise provided for in this ordinance, except for the following purposes: a. Uses permitted in a Two -Family Residence District. b. Multiple dwelling. c. Apartment house. d. Hotel. e. Club or lodge. f . Lodging or boarding house. g. Hospital, sanitarium, or clinic. h. Storage Garage. i . Funeral Home and mortuary within the fol- lowing designated multiple -family residence dis- tricts in the area bounded by the north property line of Dodge Street, and the north property line of the north side of Seventeenth Street and West Seventeenth Street, and the west property line of the lots adjacent to and abutting the westerly side of Bluff Street, and the east property line of the lots adjacent to and abutting the easterly side of Central Avenue. j . Accessory uses on the same lot customarily incident to any of the above permitted uses. HEIGHT REGULATIONS. Section 2. No build- ing shall be erected or altered to exceed in height fifty (50) feet or four (4) stories unless it sets back from each street and lot line, in addition to the yard requirements, one (1) foot for each one (1) foot of excess height. No building shall exceed in height the width of the widest street upon which the lot abuts. Unoccupiedtowers, spires and domes are excepted. AREA REGULATIONS. Section 3. No building shall be erected or altered except in conformance with the following provisions;. a. Front Yards. A front yard having a mean depth of not less than fifteen (15) feet is required on every lot. b. Side Yards. On every lot, side yards are re- quired, each with a minimum width of not less than four (4) feet and such side yard shall be increased in width by one (1) foot for each additional story above the first. On a corner lot the house side yard adjacent to a side street shall have a minimum width of not less than eight (8) feet. c. Rear Yard. A rear yard having a mean depth of not less than ten (10) feet is required on every lot, and shall be increased by two (2) feet for each additional story above the first. d. Courts. All courts shall conform to the re- quirements of the Housing Law, State of Iowa. e. Lot Area Per Family. No dwelling shall be erected or placed on a lot containing less than the following minimum lot area per family: One fam- ily dwelling --five thousand (5,000) square feet. Two family dwelling --one thousand two hundred and fifty (1,250) square feet per family. Apartment house, multiple dwelling --one thousand two hun- dred and fifty (1,250) square feet per family. 213 Nothing in the area regulations of this ordinance relating to lot area per family shall be held to pro- hibit the erection of a one family dwelling upon a lot, the area of which is less than that prescribed as the minimum lot area per family, provided such lot was held under separate ownership from the adjacent lots, and a recorded plat of lots or sub- division of property shows such lot to be separate and distinct at the time of the passage of this ordi- nance. Vacant adjacent lots held by the same owner at the time of passage of this ordinance shall be replatted to provide the required lot area per family before any building is erected or placed thereon. f . See Article IX (h). Window Area Require- ments. ACCESSORY USES. Section 4. a. Rear Yard Area Occupiable by Accessory Uses. Accessory uses may occupy not to exceed thirty (30) per cent of the area of the rear yard. b. Private Garages. A private garage not ex- ceeding fifteen (15) feet in height may provide storage for not more than four (4) motor vehicles, but shall not exceed two hundred and forty (240) sq. ft. area per vehicle. Not more than one (1) com- mercial motor vehicle per family may be stored therein. Storage space for not more than two (2) motor vehicles may be rented to other than occu- pants of the premises. No business, occupation or service connected in any way with motor vehicles shall be permitted. c. Location of Accessory Buildings. No part, of any accessory building shall be nearer than forty-five (45) feet to any front street line or near- er than three (3) feet to any interior side or rear lot line, except that a private garage may be in- corporated in a dwelling, including an apartment house or hotel, in which case the house side yard clearance shall still prevail. In the case of a corner lot any separate accessory building shall not be nearer to the side street line than fifteen (15) feet. No accessory building shall be located within ten (10) feet of the rear of a one-story dwelling and two (2) feet additional for each story of the dwelling above the first. d. Barns and Stables. Provisions may be made for the shelter of private horses, and for such ve- hicles as may be appropriate for transportation use in connection therewith. Two (2) horses shall be deemed the equivalent of one (1) motor vehicle, in determining the permitted number. No barn or stable shall be erected or used on a lot closer than sixty (60) feet to the dwelling on said lot, or closer than seventy-five (75) feet to a dwelling on any adjacent lot. The keeping of sheep, rabbits, goats, cattle and poultry is prohibited. STORAGE GARAGES. Section 5. No part of a storage garage for more than four (4) motor ve- hicles shall be located within forty-five (45) feet of the front lot line, within three (3) feet of a side lot line, or within five (5) feet of a rear lot line. ARTICLE V. LOCAL BUSINESS DISTRICT USE REGULATIONS. Section 1. No building or premises shall be used and no building or struc- ture shall be erected or altered to be used in whole or in part, unless otherwise provided for in this ordinance, except for the following purposes: 214 a. Uses permitted in a Multiple Residence District. b. Retail store. c. Personal service establishment. d. Moving picture theatre, dance hall, amuse- ment park. e. Oil and gasoline service station (subject to Article IX (d) ). f . Public garage for the sale, servicing or re- pair of motor cars (subject to Article IX (d) ). g. Funeral home or mortuary. h. Sign boards and electric signs, indicating the name and character of business transacted on the premises, attached to the building or structure, but not suspended or projected more than six feet therefrom. i . Billboards, providing the same are designed and constructed according to the Building Code, and providing further that they shall not be located closer than twenty-five (25) feet from the street or alley line, and be not over fifteen (15) feet in height and subject to approval by the Board' of Adjust- ment after a public hearing. HEIGHT REGULATIONS. Section 2. No build- ing shall be erected or altered to exceed in height fifty (50) feet or four (4) stories. Unoccupied towers, spires and domes are excepted. AREA REGULATIONS. Section 3. No building shall be erected or altered except in conformance with the following proyisions: a. Front Yard. A front yard having a mean depth of not less than fifteen (15) feet is required on every lot. When a lot is used in whole or in part for business purposes there shall be provid- ed next to the building front a public sidewalk not • less than five (5) feet in width and connected with . adjacent sidewalks, and a parking space for motor vehicles between such sidewalk and the street line. This parking space shall be made di- rectly accessible from the street for its entire length. b. Side Yards. On every lot used exclusively for residential purposes side yards are required each with a minimum width of four (4) feet and such side yards shall be increased in width by one (1) foot for each additional story above the first. On a corner lot used for business purposes the' side yard adjacent to the side street shall be a minimum of four (4) feet in width. c. Rear Yards. A rear yard is required on every lot which shall be of a mean depth of not less than ten (10) feet and shall be increased by two (2) feet for each additional story above the first. d. Courts. All courts in residential structures shall conform to the requirements of the Housing Law, State of Iowa. Courts for other than residen- tial structures shall be governed by the Building Code of the City of Dubuque. e. Lot Area Per Family. No dwelling shall be erected or placed on a lot containing less than the following minimum lot area per family: One family dwelling --five thousand (5,000) square feet. Two family dwelling - -one thousand two hundred fifty (1,250) square feet per family. Apartment house --one thousand two hundred and fifty (1,250) square feet per family. Nothing in the area regulations of this ordinance relating to lot area per family shall be held to prohibit the erection of a one family dwelling upon a lot, the area of which is less than that pre- scribed as the minimum lot area per family, pro- vided such lot was held under separate ownership from the adjacent lots, and a recorded plat of lots or subdivision of property shows such lot to be separate and distinct at the time of the passage of this ordinance. Adjacent lots held by the same owner at time of passage of this ordinance shall be replatted to provide the required lot area per family before any building is erected or placed . thereon. ACCESSORY USES. Section 4. a. Rear Yard Area Occupiable by Accessory Uses. Accessory buildings may occupy not to ex- ceed forty (40) per cent of the area of the rear yard. b. Private Garages. A private garage not ex- ceeding fifteen (15) feet in height may provide storage for not more than four (4) motor vehicles c. Location of Accessory Buildings. No part of any accessory building shall be nearer than thirty (30) feet to any front street line, or nearer than three (3) feet to any side or rear lot line, ex- cept that a private garage may be incorporated in a building in which case the building side yard clearence shall prevail. In the case of a corner lot any separate accessory building shall not be nearer to the side street line than ten (10) feet. ARTICLE VI. BUSINESS DISTRICT USE REGULATIONS. Section 1. Buildings or premises may be used for any purposes except the following: 1. Bakery (wholesale) --employing more than five (5) persons. 2. Blacksmith shop or horseshoeing shop. 3. Bottling works. 4. Building material storage yard. 5. Carting, express, hauling or storage yard. 6. Contractor's plant or storage yard. 7. Cooperage works. 8. Dyeing and cleaning works (employing in the trade on the premises more than five (5) per- sons). 9. Fish packing, smokingand curing. 10. Fuel distributing plants and fuel storage yards (wholesale). 11. Ice plant or ice storage house (wholesale ). 12. Junk yard or yard for storage. 13. Laundry (employing more than five (5) per- sons). 14. Livery stable, live stock, barn or corral. 15. Lumber yard. 16. Machine shop (employing more than five persons). 17. Milk distributing station or creamery (wholesale). 18. Paint mixing (wholesale). 19. Planing mill. 20. Poultry killing, dressing, or live storage except for retail sale on the premises. 21. Stone yard or monument works. 22. Manufacturing, or other industrial uses, other than light manufacturing incidental or acces- sory to a retail business lawfully conducted on the premises which is in no way a nuisance or hazard- ous to the district, and where the major portion of the product is to be sold at retail on the premises by the manufacturer to the consumer. (5) HEIGHT REGULATIONS. Section 2. No build- ing or part thereof shall be erected or altered to exceed in height the width of the widest street upon which it abuts. However, for each one (1) foot that the building or part thereof sets back from the street and rear lot lines four (4) feet may be added to the height of the building, but not so the height shall exceed one and one-half (1-1/2) times the width of the widest street except that a tower for occupancy with a base not exceeding in area twenty-five (25) per cent of the area of the lot may be erected provided such tower shall not be nearer than twenty-five (25) feet to any lot line other than a street line and at least fifty (50) feet from any other tower, but in no case shall the ex- treme height of tower exceed two and one-half (2-1/2) times the street width. AREA REGULATIONS. Section 3. No building shall be erected or altered except in conformance with the following provisions: a. Front Yards. Premises used for dwelling purposes only shall be governed by the regulations applying to the Multiple Residence District. In every other case no front yards are required. b. Side Yards. Premises used for dwelling purposes only shall be governed by the regulations applying to the Mutiple Residence District. In every other case no side yards are required. c. Rear Yards. Premises used for dwelling purposes only shall be governed by the regulations applying to the Multiple Residence District. In every other case a rear yard is required which shall be of a mean depth of not less than ten (10) feet (see Article IX (p) ). d. Courts. All Courts in residential structures shall conform to the requirements of the Housing Law, State of Iowa. Courts for other than residen- tial structures shall be governed by the Building Code of the City of Dubuque. e. Lot Area Per Family. No dwelling shall be erected or placed on a lot containing less than the following minimum lot area per family. One family dwelling- -five thousand (5,000) square feet. Two family dwelling--one.thousand two hundred fifty (1,250) square feet per family. Apartment or tenement house --six hundred (600) square feet per family. Nothing in the area regulations of this ordinance relating to lot area per family shall be held to pro- hibit the erection of a one -family dwelling upon a lot, the area of which is less than that prescribed as the minimum lot area per family provided such lot was held under separate ownership from the adjacent lots, and a recorded plat of lots or sub- division of property shows such lot to be separate and distinct, at the time of the passage of this or- dinance. Adjacent lots held by the same owner at time of passage of this ordinance shall be replatted to provide the required lot area per family before any building is erected or placed thereon. ACCESSORY USES APPLICABLE TO DWELL- INGS ONLY. Section 4. a. Area Occupiable by Accessory Uses. The total area of all accessory buildings must not ex- ceed forty (40) per cent of the area of rear yard. b. Location of Accessory Buildings. No part of any accessory building shall be nearer than thirty (30) feet to any front street line, or nearer than 215 three (3) feet to any side or rear lot line, except that a private garage may be incorporated in a building, in which case the building side yard clearance shall prevail. In the case of a corner lot any separate accessory building shall not be nearer the side street line than five (5) feet. ARTICLE VII. LIGHT INDUSTRIAL DISTRICT USE REGULATIONS. Section 1. All buildings and premises may be used for any purpose except the following: 1. Acetylene gas manufacture. 2. Asphalt manufacture or refining. 3. Bag cleaning. 4. Blast furnace. 5. Boiler works. 6. Brick, tile or terra cotta manufacture. 7. Candle manufacture. 8. Celluloid manufacture. 9. Cement, lime, gypsum, Plaster of Paris manufacture. 10. Chlorine manufacture. 11. Coke ovens, crematory, reduction plant or dump. 12. Creosote treatment or manufacture. 13. Dextrine, glucose and starch manufacture. 14. Distillation of bones, coal or wood. 15. Dyestuff manufacture. 16. Electrical central station power plant. 17. Emery, emery cloth and sand paper manu- facture. 18. Explosive manufacture or storage of same except as permitted by existing ordinances. 19. Fat. rendering. 20. Fertilizer manufacture. 21. Flour milling. 22. Forge plant. 23. Fuel manufacture. 24. Glass manufacture. 25. Glue, size or gelatine manufacture. 26. Incinerators, reduction or dumping of garbage, dead animals, offal or refuse. 27. Iron, steel, brass or copper works or foundry. 28. Repealed. See Heavy Industrial District. Section 1, Paragraph 9. 29. Lampblack manufacture. 30. Linoleum or oilcloth manufacture. 31. Match manufacture. 32. Oil, paint, turpentine, enamel or varnish manufacture. 33. Ore reduction. 34. Paper pulp manufacture. 35. Petroleum products, refining or bulk storage. 36. Potash or washing soda manufacture. 37. Pyroxylin manufacture. 38. Railroad yardsand shops. 39. Rolling mills. 40. Rubber manufacture. 41. Sawmill. 42. Slaughter House. 43. Smelting or refining of metals. 44. Stockyard. 45. Stove and shoe polish manufacture. 46. Sugar refining. 47. Tar distillation or manufacture. 48. Tar roofing or waterproofing manufacture. 49. Wool pulling or scouring. 50. Uses prohibited in the Heavy Industrial District. 216 51. And in general those uses which may be obnoxious or offensive by reason of emission of odor, dust, smoke, gas or noises, as may be de- termined by the Board of Adjustment. HEIGHT REGULATIONS. Section 2. No build- ing or part thereof shall be erected or altered to exceed in height the width of the widest street upon which it abuts. However, for each one (1) foot that the building or part thereof sets back from the street and rear lot line four (4) feet may be added to the height of the building, but not so that the height shall exceed one and one-half (1-1/2) times the width of the widest street, except towers, chimneys or other special features required for the conduct of permitted uses. AREA REGULATIONS. Section 3. No building or structure shall be erected or altered except in conformance with the following provisions: a. Front Yards. Premises used for dwelling purposes only shall be governed by the regulations applying to the Multiple Residence District. In every other case no front yards are required. b. Side Yards. Premises used for dwelling purposes only shall be governed by the regulations applying to the Multiple Residence District. In every other case no side yards are required. c. Rear Yards. Premises used for dwelling purposes only shall be governed by the regulations applying to the Multiple Residence District. In every other case a rear yard is required which shall be of a meandepth of not less than ten (10) feet (see Article IX (p) ). d. Courts. All courts in residential structures shall conform to the requirements of the Housing Law, State of Iowa. Courts for other than residen- tial structures shall be governed by the Building Code of Dubuque. e. Lot Area Per Family. No dwelling shall be erected or placed on a lot containing less than the following minimum lot areas per family. One family dwelling --five thousand (5,000) square feet. Two family dwelling --one thousand two hundred fifty (1,250) square feet per family. Row house --one thousand two hundred fifty (1,250) square feet per family. Apartment or tenement house --six hundred (600) square feet per family. Nothing in the area regulations of this ordinance relating to lot area per family shall be held to pro- hibit the erection of a one -family dwelling upon a lot, the area of which is less than that prescribed as the minimum lot area per family, provided such lot was held under separate ownership from the adjacent lots, and a recorded plat of lots or subdi- vision of property shows such lot to be separate and distinct at the time of the passage of this ordi- nance. Adjacent lots held by the same owner at time of passage of this ordinance shall be replatted to provide the required lot area per family before any building is erected or placed thereon. g. Accessory Uses. Premises used for dwell- ing purposes only shall be governed by the regula- tions applying to accessory uses in the Business District. In every other case there shall be no restrictions upon such uses. ARTICLE VIII. HEAVY INDUSTRIAL DISTRICT USE REGULATIONS. Section 1. "Buildings and premises may be used for any purposes whatso- ever, not in conflict with any ordinance of the City of Dubuque regulating nuisances, provided, how- ever, that no buildings or occupancy permit shall be issued for any of the following uses until and unless the location of such use shall have been ap- proved by the Board of Adjustment. 1. Acid manufacture. 2. Asphalt and tar manufacture or refining. 3. Crematory, reduction plant or refuse dumps. 4. Cement, lime, gypsum or Plaster of Paris manufacture. 5. Explosive manufacture or storage of same. 6. Petroleum refining. 7. Slaughter house or stockyard. 8. Smelting or refining of metals. 9. Junk or scrap storage or baling of papers, rags or metals. HEIGHT REGULATIONS. Section 2. No build- ing or part thereof shall be erected or altered to exceed in height one hundred and twenty (120) feet except towers, chimneys, or other special features required for the conduct of permitted uses. RESIDENTIAL REQUIREMENTS. Section 3. Residential front yards, side yard, rear yard, courts, lot area per family, and accessory uses shall conform to the requirements of Article VII, Light Industrial District. ARTICLE IX. GENERAL PROVISIONS a. Non -conforming Uses. Any lawful use of a building or land existing at the time of the passage of this ordinance, even though such use does not conform to the provisions of this ordinance, may be continued, but if any such non -conforming use is discontinued any future use of said premises shall be in conformity with the provisions of this ordinance. A non -conforming use shall not be extended, ex- cept as authorized by the Board of Adjustment, on appeal, but the extension of use to any portion of a building that was arranged or designed for such non -conforming use, and existing at the time of the passage of this ordinance, shall not be deemed an extension of such use, for the purposes of this or- dinance. For the purpose of this ordinance, a use shall not be deemed to be changed unless changed to a use not included in the same classification as the existing use. A non -conforming use shall not be changed except to a more restricted use. b. Residential Uses of Buildings on Rear of Lot. No building designed for residential purposes shall hereafter be erected in or moved to the rear of any existing building, nor shall any building de- signed for residential purposes hereafter be erect- ed or altered unless said building so designed shall front upon a street, provided, however, that the foregoing shall not apply to living quarters in stables and garages appurtenant to the dwelling oc- cupying the front of the lot on which said stable or garage is located or to the repair or alterations of such existing dwellings erected prior to the passage of this ordinance. c. Restoration of destroyed building. Nothing in this ordinance shall prevent the restoration, within twelve months, of a building destroyed by fire, explosion, act of God, or act of the public enemy to the extent of not more than fifty (50) per cent of its assessed value, or shall prevent the continuance of the use of such building or part thereof, except where it is a nuisance. Any build- ing destroyed in the aforesaid manner to an extent exceeding fifty (50) per cent of its assessed value at the time of such destruction may be reconstruct- ed and thereafter used only in such manner as to conform to all the provisions of this ordinance. Nothing in this ordinance shall prevent the strengthening or restoring to a safe condition of any wall declared unsafe by the Building Commis- sioner. d. Filling Stations or Public Garage. No filling station or public garage shall hereafter be erected, and no existing building shall hereafter be used or remodeled for use as a filling station or public garage in zones wherein such structures are per- mitted herein, within 200 feet of any lot upon which is located a church, hospital, school, institution, theatre or public assembly hall, nor shall such station or garage, in any case, be located within 50 feet of any boundary line of any "Residence District." e. Open Porches. An open porch may project into a required front yard a distance of not more than ten (10) feet. An open porch may project into a required side yard, provided it does not come nearer to the side lot line than a distance equiva- lent to ten (10) per cent of the width of the lot and in no case nearer than three (3) feet. f . Extension of use beyond boundary line. Where a boundary line between districts divides a lot held in a single ownership at the time of pas- sage of this ordinance, the Board of Adjustment may permit a use authorized on either portion of the lot to extend to the entire lot providing this extension does not exceed fifty (50) feet beyond the boundary line. g. In a Business District or Industrial District signs and sign boards shall be governed by the Building Code of the City of Dubuque, providing further that billboards shall not be closer than twenty (20) feet to any propeity line and shall not be over fifteen (15) feet in height. h. In every room of a dwelling the total window area shall be at least one-eighth (1/8) of the floor area of such room and shall open directly upon a street, public alley, or other public open space or upon a yard or court located on the same lot in conformity with the requirements of the Housing Law of the State of Iowa. Every building, room, or part thereof erected or used for business or industry shall have natural or artificial ventilation and light in conformity with the Building Code of the City of Dubuque. i . No yard, court or open space required for a building shall be counted as the open space for another building. j . Every part of a required yard or court shall be open from its lowest level to the sky. Window sills, belt courses and ornamental features may not project more than six (6) inches or cornices and eaves more than eighteen (18) inches into any required yard or court. No new cornice shall pro- ject over the street line more than one (1) foot. k. Fire balconies, fire escapes or fire towers, chimneys and flues, so arranged as not to obstruct 217 light and ventilation may project into yards and courts for such distances as required by the Build- ing Code of the City of Dubuque and the Housing Law of the State. of Iowa. 1. In the case of a corner lot the maximum height of a building may be permitted on a side street for a distance of not exceeding one hundred and twenty (120) feet from the intersection of the two streets. m. On through lots one hundred and twenty (120) feet or less in depth the height of a building may be measured from the curb level on either street. On through lots more than one hundred and twenty (120) feet in depth the height regulations and basis of height measurements for the street permitting the greater height shall apply to a depth of not more than one hundred and twenty (120) feet from that street. n. Buildings on through lots shall conform to the front yard requirements for each street. In the case of reversed frontage, an accessory build- ing shall not extend beyond the setback line of the rear street. o. Unoccupied towers, spires, domes and mon- uments, structures for special mechanical equip- ment and processes pertaining to a business or in- dustry, elevator bulkheads, parapet walls not ex- ceeding four (4) feet, chimneys, and similar struc- tures may be erected, in districts permitting the basic use, to heights governed by ordinances o_ r regulations of the City of Dubuque. p. Where the rear of a lot used for business or industrial purposes abuts on a public alley, one- half (1/2) of the width of such alley may be consid- ered as a portion of the lot for the purpose of de- termining the depth of a rear yard. q. A dwelling may occupy an irregular shape lot without complying with rear yard requirements provided the total yard space is equivalent to that required by the ordinance. See Article XVI (5-f). r. On a corner lot where front and side yards are required, or provided no new wall shall be erected, no fence, signboard or billboard shall be erected or maintained and no hedge, arrangement of plants and shrubbery shall be planted or allowed to grow, to exceed a height of three (3) feet above the curb level on either street or in any other man- ner such as to prevent clear visibility of approach- ing trafficfrom one street to another across the corner of the lot, within a distance of twenty (20) feet from the intersection of the street lines. s. Fences on interior side or rear lot lines shall not exceed five (5) feet in height. This does not ap- , ply to industrial plants. Barbed wire fences shall not be permitted except at industrial plants where the lowest strand is not less than seven (7) feet above the curb level, or ground level in case of absence of curb. t . Private garages built into dwellings shall conform to the front, side, and rear yard require- ments for dwellings. In any case a private garage of ordinary masonry construction may be built or completed across a common lot line by mutual written agreement between adjoining property owners. u. On every lot or group of lots upon which buildings are to be built the lot lines shall be dis- tinctly located by having permanent corners set thereon. ARTICLE X. DEFINITIONS Certain words and phrases used in this ordi- nance are defined for the purposes hereof as fol- lows: Words used in the present tense include the fu- ture; the singular number includes the plural, and the plural the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "occupied" includes the words "designed or intended to be occupied"; the word "used" includes the words "arranged, de- signed or intended to be used." Accessory Use. A subordinate use of a portion of the premises which is incidental to the main use of the premises. Administrative Officer. Wherever the term "administrative officer" is used in this ordinance or in the law governing this subject it shall be taken to mean the Building Commissioner pf the City of Dubuque. Alley. A public alley is a dedicated, platted, and recorded passageway not over thirty (30) feet in width, between rear or side lines of lots, commonly used for service purposes to the rear portions of lots. Apartment House. -A building designed for or occupied by three or more families, living inde- pendently of each other. (See Multiple Dwelling.) Area of Building. The area of the horizontal cross-section at the ground level including the ex- terior walls of a building and/or to the center of the party or fire walls. Basement. A "basement" is a story partly un- derground, but having at least one-half of its height above the curb level and also one-half of its height above the highest level of the adjoining ground. A basement shall be counted as a story. Building, Height of. The perpendicular distance measured in a straight line from the curb level to the highest point of the roof beam in the case of flat roofs, and to the average of the height of the roofs in the case of pitched roofs (a pitched roof is designated, when roof slope is in excess of twenty (20) degrees); the measurements in all cases to be taken through the center of the front of the building. Where a building is situated on a terrace above the curb level such height shall be measured from the level of the adjoining ground. Where a building is on a corner lot and there is more than one grade or level, the measurements shall be taken from the mean elevation. Cellar. A "cellar" is a story having more than one-half of its height below the curb level, or below the highest level of the adjoining ground. A cellar shall not be counted as a story for purposes of height measurement. Curb Level. The curb level is the level of the established curb in front of the building measured at the center of such front. Where no curb has been established the City Engineer shall establish such curb level or its equivalent for the purpose of this ordinance. Dwelling. Any house, building, or portion thereof designed for or occupied by one or more human beings as a residence. Dwelling, Multiple. A building designed for or occupied by three or more families living independ- ently of each other. Dwelling, Single Family. A detached building designed for or occupied exclusively by one family. Dwelling; Two Family. A detached or semi- detached buildingdesigned for or occupied exclu- sively by two families. / Family. A family is any number of individuals living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common. Gasoline Service Station. A gasoline service station is any establishment supplying and selling motor fuel and oil direct to motor vehicles from a pump or pumps located outside a building and on private property which pumps shall in no case be located nearer than within ten (10) feet of any street line, unless housed in an enclosed garage. Garage, Private. A private garage is a building or portion thereof used for the storage of motor vehicles only in which no business, service or in- dustry connected with such vehicles is carried on, and which is not designed to contain more than four (4) motor vehicles. Garages Public. A public garage is a building or portion thereof wherein motor vehicles are re- paired or, serviced for compensation, with or with- out storage facilities or salesrooms. Garage, Storage. A storage garage is a building or portion thereof which is used for the storage of motor vehicles for compensation and where no re- pair or servicing facilities are maintained. Salesroom. A salesroom is a building or por- tion thereof which is used for the sale of motor ve- hicles, and where no repair or servicing facilities are maintained. Hotel. A building occupied as a more or less temporary abiding place of individuals who are lodged with or without meals, and in which there are more than twenty-five (25) sleeping rooms usu- ally occupied singly. Lot. A lot is a distinct parcel of land, the loca- tion, dimensions and boundaries of which are de- termined by the latest official record or survey. Lot, Corner. A corner lot is a lot or that por- tion of a lot not exceeding sixty (60) feet in width and one hundred (100) feet in depth at the junction of the fronting on two or more intersecting streets. Any width in excess of sixty (60) feet or any depth in excess of one hundred (100) feet shall be treated as an interior lot. Lot, Depth of. The depth of a lot is the mean distance between its mean front street line and its mean rear line. The greater frontage of a corner lot is its depth and its lesser frontage is its width. Lot, Interior. An interior lot is any lot other than a corner lot. Lot, Through. A through lot is a corner or in- terior lot having frontage on two streets running parallel or nearly so. Lot, Width of. The width of a lot is its mean width measured at right angles to its mean depth. Motor Vehicle, Commercial. A commercial motor vehicle is one used as a means of transpor- tation of persons or things for profit, either as a business or as an accessory to a business. Non -conforming Use. A non -conforming use is one that does not comply with the regulations of this ordinance for the district in which it is located. Personal Service Establishment. Any establish- ment rendering direct service to an individual such as barber, beauty, clothes pressing and repairing shops. Porch, Closed. If permanent enclosing features, including fixed sash with glass, extend from the floor to the ceiling and are used or intended to be used for living quarters, then the structure is a closed porch and the walls thereof shall be consid- ered as part of the outside walls of the building. Porch, Open. An open porch is a roofed piazza, porch or porte cochere without any permanent en- closing features aggregating more than forty-eight (48) inches of the vertical space between floor and ceiling, excepting the necessary columns support- ing the roof. Removable or hinged sash containing screen or clear glass is permitted for temporary or seasonable use. Story. That part of any building comprised be- tween any floorandthe floor or roof next above. In case any floor or the combined area of floors at any one level occupies less than 20 per cent of the horizontal area included within the outside walls at that level, the same shall not be considered as a floor for the purpose of determining story heights. Hall Story. 'A story under a gable, hip, or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four (4) feet above the finished floor of such story. Street. Public street is a dedicated, platted and recorded passageway thirty (30) feet or over in width commonly used for public travel. Street or Alley, Width of. 'The width of a street or alley is the horizontal distance measured at right angles between street or alley lines. Street or Alley Line. A street or alley line is the dividing line between a street or alley and a lot. Yard, Front. A front yard is an open unoccupied space within and extending the full width of the lot between the street line and the front walls of the building setting back from the nearest such street line. Yard, Rear. A rear yard is an open unoccupied space excepting the area occupied by permitted ac- cessory uses within and extending the full width of the lot between the rear walls of the building and the -rear lot line. Yard, Side. A side yard is an open unoccupied space within the lot between a side lot line and the walls of the building nearest thereto and extending from the front yard to the rear yard. ARTICLE XI. ENFORCEMENT BUILDING COMMISSIONER. Section 1. This ordinance shall be enforced by the Building Com- missioner of the City of Dubuque. 218 219 APPEAL. Section 2. Appeal from the decision of .the Building Commissioner may be made to the Board of Adjustment. See Article XVI, Section 4. ARTICLE XII. CERTIFICATE FOR OCCUPANCY OCCUPANCY OF LAND OR BUILDINGS. Sec- tion 1. No vacant land shall be occupied or used, except for cultivation, and no buildings hereafter erected, or altered, shall be occupied or used until a certificate for occupancy shall have been issued by the Building Commissioner as hereinafter pro- vided. CERTIFICATE FOR OCCUPANCY OF LAND. Section 2. a. A certificate for occupancy for the use of vacant land, or change in the use of land as herein provided, shall be applied for before any such land shall be occupied or used, and a certificate for oc- cupancy shall be issued within ten days after the application has been made therefor, provided such use is in conformity with the provisions of these regulations. CERTIFICATE FOR OCCUPANCY OF A BUILDING. Section 3. a. Certificate for occupancy of a new building or the alteration of an existing building shall be applied for coincident with the application for a building permit and said certificate shall be issued within three days after the request for same shall have been made in writing to the Building Commis- sioner after the erection or alteration of such or part thereof shall have been completed in conform- ity with the provisions of these regulations. Pend- ing the issuance of a regular certificate a tempo- rary certificate for occupancy may be issued for a period not exceeding six months during the com- pletion of the alterations or during partial occupan- cy of a building pending its completion. Such tem- porary certificate shall not be construed as in any way altering the respective rights, duties or obli- gations of the owners or of the City relating to the use or occupancy of the premises or any other matter covered by this ordinance, and such tem- porary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants. b. No permit for excavation for any building shall be issued before application has been made for certificate for occupancy. CONTENTS OF CERTIFICATE. Section 4. Certificate for occupancy shall state that the build- ing or proposed use of a building or land, complies with all the building and health laws and ordinances and with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the Building Commissioner and copies shall be furnished, on request, to any person hav- ing a proprietary or tenancy interest in the building affected. No fee shall be charged for an original certificate applied for coincident with the applica- tion for a building permit; for all other certificates or of copies of any original certificate there shall be a charge of One (1) Dollar each. Section 5. The issuance or granting of a permit shall not be deemed or construed to be a permit for, or an approval of any violation of any of the provisions of this ordinance. No permit presuming to give authority to violate or cancel the provisions 220 of this ordinance shall be valid, except insofar as the work or use which it authorizes is lawful. ARTICLE XIII. PLATS SUBDIVISION OF PLATS. Section 1. All appli- cations for building permits shall be accompanied by a plat in duplicate drawn to scale, showing the actual dimensions of the lot to be built upon, the size of the building to be erected, and such other information as may be necessary for the enforce- ment of these regulations. A careful record of such applications and plats shall be kept in the of- fice of the Building Commissioner. ARTICLE XIV. INTERPRETATION PURPOSE. Section 1. In interpreting and ap- plying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, and general welfare. It is 'not intended by this ordinance to interfere with, abro- gate or annul any easements, covenants, or other agreements between parties; however, where this ordinance imposes other and/or greater restric- tion upon the use of buildings orpremises than are imposed or required by other ordinances, rules, regulations or permits, or by easements, covenants or agreements, the provisions of this ordinance shall govern. ARTICLE XV. AMENDMENTS AND CHANGES PROCEDURE. Section 1. The boundaries of districts as now established and the regulations hereof may be amended, supplemented or changed by the City Council from time to time, either upon its own motion or upon a petition as herein provid- ed for, or upon recommendation of the Planning and Zoning Commission. Provided, however, that no such amendment, supplement or change shall be adopted until and after a notice thereof is duly published and a public hearing had thereon as pro- vided by law. When a proposed amendment, sup- plement or change does not originate with the Planning and Zoning Commission the same shall be submitted to said Commission for its recom- mendation thereof before further action is taken by the City Council; provided, however, that this requirement shall not act as a stay upon the pro- posed action by the Council where said Commission fails to file its recommendation within thirty days after receiving written notice requesting the same. PETITION FOR CHANGE IN REGULATIONS. COUNCIL ACTION. Section 2. Whenever the own- ers of fifty per cent or more of the area of all real estate in any district or part thereof petition the Council for an amendment supplement or change in the regulations prescribed for such district or part thereof, the Council shall forthwith refer such pe- tition or a copy thereof to the Planning and Zoning Commission with a request for its recommenda- tion thereon. Final action shall be taken upon such petition by the Council within ninety days after the same has been filed with the City Clerk. The pe- - tition must clearly state the modification requested, together with the reasons therefor. PROTEST AGAINST CHANGES IN REGULA - TIONS AND BOUNDARIES. VOTE OF COUNCIL. Section 3. In case the proposed amendment, sup- plement or change in the regulations and/or boundaries of a district or part thereof be disap- proved by the Planning and Zoning Commission, or should a protest against such amendment, supple- ment or change be filed with the City Clerk on or before the date set for the public hearing, signed by the owners of twenty per cent or more either of the area of the lots included in such proposed change or of those immediately adjacent in the rear thereof extending the depth of one (1) lot or. not to exceed two hundred (200) feet therefrom or of those directly opposite thereto, extending a depth of one (1) lot or not to exceed two hundred (200) feet from the street frontage of such opposite lots, such amendment shall not be adopted unless three-fourths of all the members of the Council vote in favor thereof. ARTICLE XVI. BOARD OF ADJUSTMENT ESTABLISHMENT. Section 1. A board of Ad- justment is hereby established. The word "Board" when used in this article shall be construed to mean the Board of Adjustment. MEMBERSHIP. Section 2. The Board shall con- sist of five (5) members to be appointed by the City Council, each to be appointed for a term of five years excepting that when the Board shall first be created one member shall be appointed for a term of five years; one for a term of four years; one for a term of three years; one for a term of two years; and one for a term of one year. MEETINGS AND RULES OF THE BOARD. Sec- tion 3. The Board shall adopt rules governing the procedure to be followed and the meetings of such board shall be conducted in the manner provided by law and in accordance with such rules. APPEAL. Section 4. Appeal to the Board of Adjustment shall be taken in the manner provided by law and the rules of said Board. POWERS. Section 5. In appropriate cases the Board of Adjustment shall have the power, either upon their own motion, upon appeal or upon petition of aggrieved property owners: a. To hear and decide upon petitions directly filed with it by property owners who are aggrieved by the action of the City Council in the adoption of the regulations and restrictions of this ordinance and may modify such regulations and restrictions as apply to such property owners. b. To correct errors in any order, requirement, decision and determination made by the Building Commissioner in the enforcement of this ordinance. c. To permit a temporary structure for com- merce or industry in a residence district which is incidental to the residential development, such per- mit to be issued for a period of not more than one (1) year. d. Where a boundary line between districts divides a lot held in a single ownership as shown on record or by existing contract of purchase at the time of the passage of this ordinance, permit the extension of the use, height and area regula- tions authorized on either portion of the lot to the entire lot providing this extension does not exceed fifty (50) feet beyond the boundary line. e. To permit the erection and use of a building or the use of a premises in any location for a public service corporation for public utility purposes which the Board determines reasonably necessary for the public convenience or welfare. f . To vary the application of the front, side and rear yard regulations and the regulations govern- ing the location of accessory buildings and private garages without violation of the Iowa State Housing Law in specific cases where this ordinance would impose practical difficulties or unnecessary hardships. g. To interpret the provisions of this ordinance in such -a way as to carry out the intent and purpose of the zone plan fixing the several districts and made a part of this ordinance where the street lay- out actually on the ground varies from the street layout as shown on the plan. h. To authorize such variance from the terms of the ordinance as will not be contrary to the pub- lic interest, where owing to special conditions a literal enforcement of the provisions of the ordi- nance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. i . To adopt from time to time such rules and regulations as may be deemed necessary to carry into effect the provisions of this ordinance. j. To permit in any District where a private garage cannot be built incompliance with the reg- ulations set forth in this ordinance, then it may be built into the ground at the front of the lot. The garage shall.be of fire proof construction and the doors or windows shall not open over the public property and shall not project above the average level of the adjacent ground and shall have a capacity of not more than two (2) motor vehicles. REVIEW. Section 6. Any action of the Board of Adjustment may be reviewed in the manner provid- ed by law. ARTICLE XVII. VIOLATION AND PENALTY Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with 'any of the provisions of this ordinance shall be fined in a sum not to exceed One Hundred ($ 100) Dollars for each offense, or may be imprisoned for a term not exceeding thirty days. Each day that a violation is permitted to exist beyond the ex- piration of the time designated in a written notice given by the Building Commissioner shall consti- tute a separate offense. ARTICLE XVIII. VALIDITY Should any section, clause or provision of this ordinance be declared by a court of record to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid. ARTICLE XIX. CONFLICTION All ordinances pertaining to local restricted residential districts and all other part or parts of ordinances in conflict with this Ordinance are here- by repealed. ARTICLE XX. EFFECTIVE DATE This ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and publication as provided by law. Passed, adopted and approved upon final reading this 29th day of January, 1934. 221 Ordinance No. 17-34. An Ordinance Amending an Ordinance Entitled: "Ordinance No. 3-34. An Ordinance to Provide for the Comprehensive Zoning of the City of Dubuque, and to Regulate and Restrict the Loca- tion and Use of Buildings, Structures and Lands for Trade, Industry, Residence or Other Pur- poses; to Regulate- and Restrict the Height of Buildings Hereafter Erected or Altered; to Regulate and Determine the Density of Use of Lands and Lot Areas and for That Purpose, To Divide the City into Districts; to Provide for a Board of Adjustment and the Orderly Enforce- ment of the Regulations Hereof; to Provide Penalties for the Violation of the Provisions Hereof; Repealing All Ordinances or Parts of Ordinances in Conflict Herewith; and Designat- ing This Ordinance as "The Zoning Ordinance of the City of Dubuque"; by Repealing Subdivision H. of Section 1, of Article V, Thereof, and Enacting a Substitute Therefor: and by Chang- ing Certain Districts as Delimited and Described upon the Zoning Map, and Declaring an Emer- gency. Be it Ordained by the City Council of the City of Dubuque: Section 2. That the Zoning Map be, and the same is hereby amended and changed as follows: a. By changing from Light Industrial District to Heavy Industrial District, all lands lying between the center line of South Locust street on the east, and the center line of Bluff Street Extension on the West, from the center line of Dodge Street on the north, southerly to a point where the south line of Rush Street, if extended easterly, would intersect the center line of South Locust Street on the east. b. By changing from Single Residence District to Local Business District, the premises described as lots No. 3 and 4 of Schuler's Subdivision in the City of Dubuque. c. By changing from Two Family and Multiple Residence District to Business District, all of Lots No. •1 of 2 of 1, and No. 2 of 2 of 1, in McKinley's Subdivision and Lot No. 5 of City Lot No. 653, in the City of Dubuque, Iowa. Passed upon final reading this 23rd day of Novem- ber, 1934. Ordinance No. 8-35. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided for by Ordinance No. 3-34, Designated "Zoning Ordi- nance of the City of Dubuque," so as to Change to Local Business District Certain Defined Territory Now Delimited as Two -Family Resi- dence District and Single Family Residence District, and Declaring an Emergency. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map be and the same is hereby amended and changed as follows: a. By changing from Two -Family Residence District to Local Business District, Lots 22 of part of Wm. Blake's Addition and Lots 25B and 26B of part of A. P. Wood's Subdivision•. 222 b. By changing from Single Family Residence District to Local Business District, Lots 23 to 32, both inclusive, of part of Wm. Blake's Addition; Lots 1 and 2 of University Place; and Lot 24C of part of A. P. Wood's Subdivision. Passed, adopted and approved this 3rd day of June, 1935. Ordinance No. 11-35. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque, as Provided for• by Ordinance No. 3-34, Designated "Zoning Ordi- nance of the City of Dubuque," so as to Change to Local Business Districts Certain Defined Territory Now Delimited as Multiple Family Residence District, Two Family Residence District and Single Family Residence District, and Declaring an Emergency. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map be and the same is hereby amended and changed as follows: a. By changing from "Multiple Family Residence District," to "Local Business District" Lot No. 1 of the Sub. of Lot No. 11 of part of G. R. West's Add. to the City of Dubuque; and the East 20 feet of the North 65 feet of Lot No. 2 of the Sub. of Lot No. 11, said Addition, from "Single Family Residence Dis- trict" to "Local Business District." b. By changing from "Two Family Residence District" Lot No. 2 of Sub. of Lot No. 5 and Lot No. 2 of Sub. of Lot No. 6 in Brecht's Addition. c. By changing from "Two Family Residence District" to "Local Business District" the East 68 feet of the North 62 feet of Lot No. 24 L. H. Langworthy's Addition and the East 12 feet of the .West 92 feet of the North 62 feet of Lot No. 24, in said addition. d. By changing from "Two Family Residence District" to "Local Business District" Lot No. 1 of the Sub. of Lot No. 3 of Lot No. 107; Lot No. 2 of the Sub. of 1 of 2 of Lot No. 107-1/2 and the North 44 feet of the West 11 feet of Lot No. 1 of the Sub. of 1 of 2 of Lot No. 107, in L. H. Langworthy's Addition. e. By changing from "Single Family Residence District" to "Local Business District" the South one-third of Lot No. 1 of the Sub. of South 16 feet of Lot No. 156, and the Lots No. 157 and 158 in Finley's Addition. f . By changing from "Two Family Residence District" to "Local Business District" Lot No. 1 of 1 of City Lot No. 731. g. By changing from "Two Family Residence District" to "Local Business District" the North- west 50 feet of Lot No. 5 of Kniest's Sub; and Lots No. 11 to 20, both included, of Smedley's Sub; and Lots No. 12 to 33, both included, of High St. Sub; and Lots 17 to 40, both included, of Cook's Add. Passed, adopted and approved upon final reading this 8th day of July, 1935. Ordinance No. 12-35. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided for by Ordinance No. 3-34, Designated "Zoning Ordi- nance of the City of Dubuque", so as to Change to Multiple Family Residence District Certain Defined Territory Now Delimited as Two Fam- ily Residence District, and Declaring an Emer- gency. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map be and the same is hereby amended and changed as follows: a. By changing from "Two Family Residence District" to "Multiple Residence District" all of Lots No. 784 to 808, both inclusive, in A. McDaniel's Sub; all of Lots No. 1 to 7, both in- clusive, of Sub. of 809 in A. McDaniel's Sub; all of Lots No. 828, 829, and 830 of A. McDaniel's Sub; all of Lots No. 1 to 10, both inclusive, of M. A. McDaniel's Sub; all of Lots No. 1, 2, and 3 of Sub. of Lot 823 and part of Lot 824, in A. McDaniel's Sub; all of Lots No. 1 to 6, both inclusive, of King - man's Sub. Passed, adopted and approved this 26th day of August, 1935. Ordinance No. 1-36. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Ordi- nance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque", so as to Change to Mul- tiple Family Residence District Certain Defined Territory Now Delimited as "Two Family Resi- dence District", and Declaring an Emergency. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map be and the same is hereby amended and changed as follows; a. By changing from "Two Family Residence District" to "Multiple Residence District" all of Lots No. 2,. 3, 4, 5, 6, 7 and 8 in Deming and Horr's Add, to the City of Dubuque, Iowa, and ; Passed, adopted and approved this 23rd day of January, 1936. Ordinance No. 2-36. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by. Ordi- nance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque", so as to Change to "Multi- ple Family Residence District" Certain Defined Territory Now Delimited as "Single Family Res- idence District", and Declaring an Emergency. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map be and the same is hereby amended and changed as follows: a. By changing from "Single Family Residence District" to "Multiple Family Residence District" all of Lots No. 1, 2, 3, 4, 5,. 6, 7, and 8 of Schiltz Subdivision to the City of Dubuque, Iowa; and Passed, adopted and approved this 2nd day of March, 1936. Ordinance No. 6-36. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided for by Ordinance No. 3-34, Designated "Zoning Ordi- nance of the City of Dubuque", so as to Change to Multiple Family Residence District Certain Defined Territory Now Delimited as "Two Family Residence District" and "Single Family Residence District," and Declaring an Emer- gency. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map be and the same is hereby amended and changed as follows: a. By changing from "Two Family Residence District" and "Single Family Residence District" to "Multiple Family Residence District" all of Lots No. 1 to 20, incl., J. P. Schroeder's Add.; Lots 1 and 2 of 108, Mechanics Add., Lots 4 to 11, incl., Porter's Add., Lots 1 to 5, incl., Buettell's Sub.; Lots 73 to 77, incl., Cox's Add.; and Lots 22 to 31, incl., and 108 to 117, incl.; C. A. Voelker's Add., all in the City of Dubuque, Iowa, and Passed, adopted and approved this 15th day of June, 1936. Ordinance No. 7-36. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided for by Ordinance No. 3-34, Designated "Zoning Ordi- nance of the City of Dubuque", so as to Change to Local Business District Certain Defined Ter- ritory Now Delimited as Two Family Residence District and Declaring an Emergency. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map be and the same is hereby amended and changed as follows: By changing from "Two Family Residence District" to "Local Business District" the South 7 feet 10 inches of Lot No. 10; Lot No. 12; and Lot No. 14 in Wicks Add. to the City of Dubuque. Passed, adopted and approved this 30th day of June, 1936. Ordinance No. 11-36. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided for by Ordinance No. 3-34 Designated "Zoning Ordi- nance of the City of Dubuque," so as to Change to Multiple -Family Residence District Certain Defined Territory Now Delimited as Two -Family Residence District and to Business District Certain Defined Territory Now Delimited as Two Family Residence District and Local Busi- ness District, and Declaring an Emergency. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map be, and the same is hereby amended and changed as follows: a. By changing from "Two -Family Residence District" to "Multiple -Family Residence District" Lots No. 7 to 18, both inclusive, and that portion of Lot No. 19 now included within "Two -Family Resi- dence District," all in Reche's Sub -division; that portion of Lot 1 of 1, now included within "Two - Family Residence District," and Lots 2 of 1, 2, 3 and Lot 2 of the subdivision of Lots 4 and 5, and 1 of 1 of 6, and 2 of 1 of 7, and 2 of 8, 9, 10, 11, and 223 center line of Algona Street; thence Southwesterly along the center line of Algona Street to the center line of the first alley south of Delhi Street and between Delhi Street and Grace Street; thence Southeasterly along the center line of said alley to the center line of Auburn Street; thence Northeast- erly along the center line of Auburn Street to the center line of Delhi Street; thence Northwesterly along the center line of Delhi Street to the point of beginning." Section 2, par. 856. That the cost of publication of this ordinance, enacted for the benefit of Mrs. R.A. French, et al, shall be borne by the said Mrs. R.A. French, et al. Passed, adopted and approved upon final reading this 5th day of February, 1940. Ordinance No. 2-40. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Ordi- nance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque", so as to Change to "Local Business District" Certain Defined Ter- ritory Now Delimited as "Two Family Resi- dence District," and Declaring an Emergency. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map be, and the same is hereby amended and changed as follows: a. By changing from "Two Family Residence District" to "Local Business District" the area described as follows: "Commencing at the Westerly end of the present Local Business District at Dodge and Bluff Streets at a point 100 feet Northerly of the Northerly property line of Dodge Street, thence Westerly parallel to, and 100 feet Northerly from, the North- erly property line of Dodge Street to the Easterly line of Lot 1 of 2 of Mineral Lot 66, thence South- erly to the center line of Dodge Street, thence Westerly along the center line of Dodge Street to a point 328 feet Westerly of the Westerly line of the Southerly 100 feet of Lot 2 of 2 of Mineral Lot 66, thence Northerly to a point 100 feet Northerly from the Northerly property line of Dodge Street, thence Westerly 384 feet along a line parallel to, and 100 feet Northerly from, the Northerly property line of Dodge Street, thence Southerly to the center line of Dodge Street, thence Easterly along the center line of Dodge Street, to the center line of Bryant Street, thence Southerly along the center line of Bryant Street to a point 100 feet Southerly from the South- erly property line of Dodge Street, thence Easterly on a line parallel to, and 100 feet Southerly from, the Southerly property line of Dodge Street to the Westerly end of the present Local Business Dis- trict at Dodge and Bluff Streets, thence Northerly along the Westerly end of the present Local Busi- ness District at Dodge and Bluff Streets to the point of beginning." Passed, adopted and approved this 4th day of March, 1940. Ordinance No. 18-40. An Ordinance Amending and Changing Zoning Map of the City of Dubuque as Provided by Ordinance No. 3-34, Designated "Zoning Ordinance of the 226 City of Dubuque," so as to Change to "Multiple Residence District," Certain Defined Territory Now Delimited as "Two Family Residence Dis- trict" and Declaring an Emergency. Now, therefore, be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map be, and the same is hereby amended and changed as follows: a. By changing from "Two Family Residence District" to "Multiple Family Residence District," the area described as follows: Lot 1 of Lot 3 of Mineral Lot 367 in the City of Dubuque. Section 3. The cost of the publication of this ordinance shall be paid for by the parties who have requested the change. Passed, adopted and approved on final reading this 3rd day of September, 1940. Ordinance No. 10-41. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque," so as to Change to "Multiple Residence District", Certain Defined Territory Now Delimited as "Two Family Resi- dence District," and Declaring an Emergency. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map be, and the same is hereby amended and changed as follows: a. By changing from "Two Family Residence District" to "Multiple Residence District," the area described as follows: Commencing at the intersection of Loras Boule- vard and Prairie Street in the City of Dubuque, Iowa, and extending southeasterly therefrom on Prairie Street to the intersection of West 11th and Prairie Streets, and then extending southwesterly on West 11th Street to the southwesterly end thereof where the same intersects an alley, and thence northerly in said alley along the westerly side of Lots 17 and 18 in part of Cain's Subdivision in the City of Dubuque, Iowa, to Rose Street, thence westerly on Rose Street to the southeasterly corner of E. E. Jones Subdivision in the City of Dubuque, Iowa, thence northwesterly along the easterly side of said Subdivision to the southwesterly corner of Lot 16 of the Subdivision of Lot 3 of Mineral Lot 90 in the City of Dubuque, Iowa, thence easterly along the southerly side of said Lot 16 to Cummins Street, thence northerly on Cummins Street to Loras Blvd. and thence northeasterly on Loras Blvd. to the intersection of Prairie Street, the point of beginning. Passed, adopted and approved upon final reading this 13th day of May, 1941. Ordinance No. 14-41. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34, Designated, "Zoning Ordinance of the City of Dubuque," so as to Change to "Multiple Residence District," Certain Defined Territory, Now Delimited as "Two Family Residence District," and Declaring an Emer- gency. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34, be, and the same is hereby amended and changed as follows: a. By changing from "Two Family Residence District" to "Multiple Residence District," the area described as follows: Beginning at a point 100' westerly of the wester- ly side of Broadway and 100' southerly of the south- erly side of King Street, thence easterly to the center line of Broadway Street, thence northerly and westerly along the center line of Broadway to the extension of a line 100' northerly of the norther ly side of Diagonal Street, thence easterly along said line to a point 100' westerly of the westerly side. of Central Avenue thence southerly along a line 100' westerly of the westerly side of Central Avenue to a point 100' : outherly of the southerly side of West 24th Street, thence westerly along a line 100' southerly of the southerly side of West 24th Street to the extension of a line 100' westerly of the westerly side of Broadway Street, thence northerly along said line to the point of beginning in the City of Dubuque, Iowa. Passed, adopted and approved upon final reading this 10th day of June, 1941. Ordinance No. 22-41. An Ordinance Amending and Changing Zoning Map of the City of Dubuque as Provided by Ordinance No. 3-34 Designated "Zoning Ordinance of the City of Dubuque" so as to Change to "Multiple Residence District" Certain Defined Territory Now Delimited as "Two Family Residence Dis- trict" and Declaring an Emergency. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map be, and the same is hereby amended and changed as follows: a. By changing from "Two Family Residence District" to "Multiple Residence District", the area described as follows: Lots 1 to 18 inclusive in Sub. of Out Lot No. 724 in the City of Dubuque, Iowa. Passed, adopted and approved on final reading, this 2nd day of September, 1941. Ordinance No. 23-41. An Ordinance Amending and Changing Zoning Map of the City of Dubuque as Provided by Ordinance No. 3-34 Designated "Zoning Ordinance of the City of Dubuque" so as to Change to "Local Bus- iness District", Certain Defined Territory Now Delimited as "Two Family Residence District" and Declaring an Emergency. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map be, and the same is hereby amended and changed as follows: a. By changing from "Two Family Residence District" to "Local Business District", the area described as follows: That the local business district, 90 feet by 384 feet, now existing on the North side of Dodge Street where Dodge Street intersects with Bryant Street, be extended easterly 160 feet to a line parallel to the east boundary of Lot 1 of 2 of 1 of 1 of Mineral Lot 67 in the City of Dubuque, and be extended northerly to a total depth of 150 feet from the south property line of such Mineral Lot 67 along Dodge Street all as shown in a plat now on file in the office of the City Clerk. Passed, adopted and approved on final reading, this 2nd day of September, 1941. Ordinance No. 24-41. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Ordi- nance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque," so as to Change to Light Industrial District, 'Certain Defined Ter- ritory Now Delimited as Two Family Residence District. Be it Ordained by the City Council of the City of f Dubuque: Section 1. That the Zoning Map be, and the same is hereby amended and changed as follows: a. By changing from "Two Family Residence District" to "Light Industrial District," the area described as follows: Lots Nos. 1, 2 and the northerly 15 feet of Lot No. 3 of Randall's Sub. No. 2. Passed, adopted and approved on final reading, this 22nd day of September, 1941. Ordinance No. 33-41. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque" so as to Change to "Mul- tiple Residence District" Certain Defined Ter- ritory Now Being Delimited as "Two Family Residence District." Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be and the same is hereby amended and changed as follows: a. By changing from a "Two Family Residence District" to "Multiple Residence District" the area described as follows: The area bounded by the center line of 3rd Street on the south; center line of 6th Street on the north; the center line of Locust Street on the east; and the center line of Bluff Street on the west. Passed, adopted and approved on final reading, this 1st day of December, 1941. Ordinance No. 35-41. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque, as Provided by Or- dinance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque" so as to Change to "Multiple Residence District" Certain Defined 227 Territory Now Being Delimited as "Two Family Residence District." Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be and the same is hereby amended and changed as follows: a. By changing from a "Two Family Residence District" the area described as follows; Mobley's Dubuque Addition, Collins' Sub., Bell's Sub. and Keogh's Sub. Passed upon first and second readings this 12th day of December, 1941: Ordinance No. 1-42. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance. No. 3-34, Designated "Zoning Ordinance of the City of Dubuque," so as to Change to "Two Family District" Certain Defined Territory Now Being Delimited as "Single Family District." Be it Ordained by the City Council of the City of Dubuque: Section 1. That the -Zoning Map and Zoning Or- dinance of the City of Dubuque be and the same is hereby amended and changed as follows: a. By changing from a "Single Family District" to "Two Family District" the area described as follows: The area bounded by Muscatine, Primrose, Burlington and Sabula Streets. Passed, adopted and approved on final reading, this 27th day of January, 1942. . Ordinance No. 11-42. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Ordi- nance No. 3-34 Designated "Zoning Ordinance of the City of Dubuque" so as to Change to "Mul- tiple Residence District" Certain Defined Ter- ritory Now Being Delimited as "Two Family Residence District." Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be and the same is hereby amended and changed as follows: a. By changing from "Two Family Residence District" to "Multiple Residence District" City Lot No. 822, City of Dubuque, Iowa. Passed, adopted aid approved on final reading this 27th day of March, 1942. Ordinance No. 14-42. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34 Designated "Zoning Ordinance of the City of Dubuque" so as to Change to "Light. Industrial District" Certain Defined Ter- ritory Now Being Delimited as "Multiple Resi- dence District" and "Local Business District." Be it Ordained by the City Council of the City of Dubuque: 228 Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be and the same is hereby amended and changed as follows: a. By changing from "Multiple Residence Dis- trict" and "Local.Business District" to "Light In- dustrial District" the area described as follows: The area bounded on the southerly side by the, center line of Dodge Street, on the northerly side by the south property line of City Lot No. 586, on the easterly side by the center line of the alley first east of Bluff Street and on the westerly side by the center line of Bluff Street. Passed, adopted and approved on final reading, this 6th day of April, 1942. Ordinance No. 15-42. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Proyided by Or- dinance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque," so as to Change to "Two Family Residence District" Certain Defined Ter- ritory Now Delimited as "Single Family Resi- dence District." Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be, and the same is hereby amended and changed as follows: a. By changing from "Single Family Residence District" to "Two Family Residence District" the area described as follows: All of the property abutting and adjoining on Mt. Pleasant Street be- tween Loras Boulevard and University Avenue. Passed, adopted and approved on final reading, this 4th day of May, 1942. Ordinance No. 6-45. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque, as Provided by Or- dinance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque," so as to Extend the Present "Multiple Residence District" of Cardiff Street. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be and the same is hereby amended and changed as follows: a. By extending the present "Multiple Residence District" of Cardiff Street as follows: "Beginning at the northeasterly corner of Out Lot 732 on West Third Street; thence westerly along the southerly line of West Third Street to the east- erly line of James Street; thence southerly along. the easterly line of James Street a distance of sixty (60) feet; thence easterly to the easterly line of Out Lot 732 along a course sixty (60) feet southerly of and parallel to the southerly line of West Third Street; thence northerly along the easterly line of Out Lot 732 to the point of beginning." Passed, adopted and approved on final reading, this 7th day of May, 1945. Ordinance No. 19-45. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34 Designated "Zoning Ordinance of the City of Dubuque" so as to Change the Area between Queen Street and Windsor Avenue and from Regent Street to Twenty -Fourth Street from "Two Family Residence District" Classification to "Multiple Residence District" Classification. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map of the City of Dubuque be, and the same is hereby amended and changed as follows: That the area between Queen Street and Windsor Avenue and from Regent Street to Twenty-fourth Street be, and the same is hereby changed from its present "Two Family Residence District" classifi- cation to "Multiple Residence District" classifica- tion. Passed, adopted and approved on final reading, this 22nd day of October, 1945. Ordinance No. 25-45. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34 Designated "Zoning Ordinance of the City of Dubuque" so as to Change the Area: "Beginning at the Intersection of the Easterly Line of James Street and the Southerly Line of Platt Street; Thence North 88 Degrees 10 Min- utes East Along the Southerly Line of Platt Street and of Platt Street Extended to the West- erly Boundary of Out Lot 732 on the Original Corporation Line; Thence South 22 Degrees 30 Minutes East Along the Original Corporation Line to a Point 100 Feet Northerly of the North- erly Line of Dodge Street; Thence Westerly Along a Line 100 Feet Northerly of and Parallel to the Northerly Line of Dodge Street to the Westerly Boundary of Mineral Lot 66; Thence North 12 Degrees West Along the Westerly Boundary of Mineral Lot 66, 298 Feet to the Southeast Corner of Mineral Lot 70; Thence North 71 Degrees 45 Minutes West along the Southerly Boundaries of Mineral Lots 70 and 69, 819.72 Feet to the Southwest Corner of Mineral Lot 69; Thence North 18 Degrees East Along the Westerly Boundary of Mineral Lot 69, 310 Feet to the Northerly Line of Mineral Lot 69; Thence North 88 Degrees East Along the Northerly Boundary of Mineral Lots 69 and 70 and on This Course Extended to Intersect the Easterly Line of James Street; Thence Northerly Along the Easterly Line of James Street to the Southerly Line of Platt Street and the Point of Beginning" from "Two Family Residence District" Classi- fication to "Multiple Residence District" Classi- fication. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map of the City of Dubuque, be and the same is hereby amended and changed as follows; That the area: "Beginning at the intersection of the easterly line of James Street and the southerly line of Platt Street; thence North 88 degrees 10 minutes East along the southerly line of Platt Street and of Platt Street extended to the westerly boundary of Out Lot 732 on the Original Corpora- tion Line; thence South 22 degrees 30 minutes East along the Original Corporation Line to a point 100 feet northerly of the northerly line of Dodge Street; thence westerly along a line 100 feet northerly of and parallel to the northerly line of Dodge Street to the westerly boundary of Mineral Lot 66; thence North 12 degrees West along the westerly boundary of Mineral Lot 66, 298 feet to the southeast corner of Mineral Lot 70; thence North 71 degrees 45 min- utes West along the southerly boundaries of Mineral Lots 70 and 69, 819.72 feet to the southwest corner of Mineral Lot 69; thence North 18 degrees East along the westerly boundary of Mineral Lot 69, 310 feet to the northerly line of Mineral Lot 69; thence North 88 degrees East along the northerly boundary of Mineral Lots 69 and 70 and on this course ex- tended to intersect the easterly line of James Street; thence northerly along the easterly line of James Street to the southerly line of Platt Street and the point of beginning" be, and the same is here- by changed from its present "Two Family Residence District" classification to "Multiple Residence Dis- trict" classification. Passed, adopted and approved on final reading this 21st day of December, 1945. Ordinance No. 1-46. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Ordi- nance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque" Extending the Present "Local Business District" at Stewart and Delhi Streets Easterly to the Easterly Line of Lot 4 of Hughes Subdivision. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map of the City. of Dubuque be, and the same is hereby amended and changed by extending the, present "Local Business District" at Stewart and Delhi Streets easterly to the easterly line of Lot 4 of Hughes Subdivision, maintaining the width of 100 feet fromthe street line of Delhi Street. Lot 4 of Hughes Subdivision is hereby changed from "Multiple Residence District" classification to "Local Business District" classi- fication. Passed, adopted and approved on final reading this 4th' day of February, 1946. Ordinance No. 4-46. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Ordi- nance No. 3-34 Designated "Zoning Ordinance of the City of Dubuque" so as to Change to"Multi- ple Family" Classification Certain Defined Ter- ritory Now Being Delimited as "Single Family" or "Two Family" Districts. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be, and the same is hereby amended and changed as follows: 229 a. By changing from a "Single Family" or "Two Family Residence District" the area described as follows: Beginning at the intersection of the center lines of Highland Place and West Eleventh Street pro- ceeding in a northerly direction on the center line of Highland Place to the extension of the northerly property line of Lot No. 827 of Sub. of 824 McDaniel's Sub., thence westerly along the north- erly property line of the said Lot No. 827 to the center line of the alley first west of Highland Place, thence southerly along the center line to the extension of the north property line of Lot 8 of Sub. of Lot 823 and Part of Lot 824, thence wester- ly along the northerly property line of Lots 8, 7, 6, 5 and 4 of'Sub. of Lot 823 and Part•of Lot 824, thence southerly along the westerly line of Lot No. 4 of Sub. of Lot 823 and Part of 824 to the center line of West Eleventh Street, thence westerly along the center line of West Eleventh to the center line of the alley first east of Center Street, thence northerly on the center line of the alley first east of Center Street to the center -line of Rose Street, thence westerly on the center line of Rose Street to the center line of the alley first east of Belmont Street, thence northerly on the center line .of the alley first east of Belmont Street to the extension of the southerly property line of Lot No. 16 of Sub. of Lot 3 of M. L. 90, thence easterly along the southerly property line of said lot to the center line of Cummins Street, thence northerly along the center line of Cummins Street to the center line of Loras Blvd., thence westerly along the center line of Loras Blvd. to the center line of the alley first \vest -of Alta Vista, thence south along the center line of -the alley first west of Alta Vista to the center -line of Martha Street, thence westerly along the 'center line of Martha Street to the center line of Nevada Street, thence southerly along the center line ,of.Nevada Street to a line 100 feet north of the northerly side .of University Avenue then easterly and southeasterly along this line 100 feet north of the northerly side`of University Avenue to the line 100 feet riortli-'of the northerly side of Robinson Street, thence easterly along the line 100 feet north of th'e inortherly'side of Robinson Street to the ex- tensionof the center line'of the alley first west of Bluff Streetbetween 1Dth"and-11th Streets thence northerly:along the extension of the center line of the said alley and along the center line of said alley to the center line of West Eleventh Street thence westerly along the center line of East Eleventh Street to.the center line of Highland Place, the point of beginning. Passed, adopted and approved upon final reading this 26th day of'April, 1946. See Ordinance No. 12-46 for -correction, Ordinance No: 5-46. An Ordinance Amending and Changing the Zoning Map•of-the' City of Dubuque as Provided by Or- dinance No. 3-34'Desigriated "Zoning Ordinance of the City of Dubuque" so as to Change to "Multiple Family Residence" Classification Certain Defined Territory Now Being Delimited as "Two Family Residence District". Be it Ordained by the City. Council of the City of Dubuque: 230 Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be, and the same is hereby amended and changed as follows: a. By changing from a "Two Family Residence District" to "Multiple Family Residence" classi- fication the area described as follows: Bounded on the southerly side by 22nd Street, on the easterly side by the Chicago Great Western Railroad tracks, on the northerly side by the City limits and the westerly side by a line 100 feet west of the westerly side of Central Avenue. Passed, adopted and approved upon final reading this 26th day of April, 1946. Ordinance No. 9-46. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque, as Provided by Or- dinance No. 3-34 Designated "Zoning Ordinance of the City of Dubuque" so as to Change to "Multiple Family Residence District" Classi- fication Certain Defined Territory Now Being Delimited as "Two Family Residence District" Classification. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be, and the same is hereby amended and changed as follows: a. By changing from a "Two Family Residence District" classification to a "Multiple Family Res- idence District" classification the area described as follows: Beginning at a point at the intersection of the center lines of Wilson Avenue and West Fifth Street; thence northerly along the center line on Wilson Avenue to a point in line with the rear of the lots fronting on the northerly side of West Fifth Street; thence westerly along the rear line of the lots fronting on the northerly side of West Fifth Street to the center line of Paulina Street extended; thence southerly along the center line of Pauling Street and the center line of Paulina Street extended southerly to the center line of West Third Street; thence easterly along the center line of West Third Street to the center line of Winona Street. Same point of beginning and point of ending connect to the present multiple family residence district. Passed, adopted and approved upon final reading this 24th day of May, 1946. Ordinance No. 10-46. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34 Designated "Zoning Ordinance of the City of Dubuque" so as to Change to "Multiple Family Residence District" Classifi- cation Certain Defined Territory Now Being Delimited as "Two Family Residence District" Classification. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be, and the same is hereby amended and changed as follows: a. By changing from a "Two Family Residence District" to a "Multiple Family Residence District" the area described as follows: Beginning at a point in the center line of West Fifth Street at approximately one hundred feet easterly of the easterly line of Delhi Street; thence southerly along the center line of College Street to the center line of Allison Place; thence westerly along the center line of Allison Place to a point where the center line of Allison Place extended would intersect the westerly line of Allison Place due to the angle in Allison Place; thence southerly along the easterly line of lot one of Finley Home Addition to the south east corner of lot one Finley Home Addition; thence westerly along the southerly line of lot one of Finley Home Addition three hun- dred and eighty five feet to the south west corner of lot one Finley Home Addition; thence northerly along the westerly line of lot one Finley Home Addition to approximately one hundred feet south- erly of Delhi Street. Same point of beginning and point of ending con- nect to the present "Multiple Family Residence District." Passed, adopted and approved upon final reading this 24th day of May, 1946. Ordinance No. 11-46. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34 Designated "Zoning Ordinance of the City of Dubuque" so as to Change to "Multiple Family Residence District" Classifi- cation Certain Defined Territory Now Being Delimited as "Two Family Residence District" Classification. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Ordinance of the City of Dubuque be, and the same is hereby amended and changed as follows: a. By changing from a "Two Family Residence District" to "Multiple Family Residence District" the area described as follows; Beginning at the intersection of the center lines of Loras Boulevard and Bluff Street; thence north- erly along the center line of Bluff Street to the in- tersection of the center lines of Bluff Street and West Locust Street; thence north westerly along the center line of West Locust Street to the inter- sections of the center lines of West Locust Street and West Seventeenth Street; thence easterly along the center line of West Seventeenth Street to the intersections of the center lines of West Seven- teenth Street and Main Street; thence northerly along the center line of Main Street to the inter- section of the center lines of Main Street and Madison Streets; thence northerly along the center line of Madison Street to the intersection of the center lines of Madison Street and Seminary Street; thence westerly along the center line of Seminary Street to the intersection of the center lines of Seminary Street and Hogdon Street; thence south along the center line of Hogdon Street and the cen- ter line of Hogdon Street extended to the intersec- tion of the center lines of Hogdon Street extended and the center line of Cox Street; thence south easterly along the center line of Cox Street to the intersection of the center lines of Cox Street and Loras Blvd.; thence easterly along the center line of Loras Blvd. to the intersection of the center lines of Loras Blvd. and Bluff Street which is the point of beginning and the point of ending. Passed, adopted and approved upon final reading this 24th day of May, 1946. Ordinance No. 12-46. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34 Designated "Zoning Ordinance of the City of Dubuque" so as to Change to "Multiple Family" Classification Certain De- fined Territory•Now Being Delimited as "Single Family" or "Two Family" Districts. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be, and the same is hereby amended and changed as follows: a. By changing from a "Single Family" or "Two Family Residence District" to "Multiple Family Residence District" classification, the area de- scribed as follows: Beginning at the intersection of the center lines of Highland Place and West Eleventh Street pro- ceeding in a northerly direction on the center line of Highland Place to the extension of the northerly property line of Lot No. 827 of Sub. of 824 McDaniel's Sub., thence westerly along the north- erly property line of the said Lot No. 827 to the center line of the alley first west of Highland Place, thence southerly along the center line to the extension of the north property line of Lot 8 of Sub. of Lot 823 and Part of Lot 824 thence westerly along the northerly property line of Lots 8, 7, 6, 5, and 4 of Sub. of Lot 823 and Part of Lot 824 thence southerly along the westerly line of Lot No. 4 of Sub. of Lot 823 and Part of Lot 824 to the center line of West Eleventh Street, thence wester- ly along the center line of West Eleventh to the center line of the alley first east of Center Street, thence northerly on the center line of the alley first east of Center Street to the center line of Rose Street, thence westerly on the center line of Rose Street to the center line of the alley first east of Belmont Street, thence northerly onthe center line of the alley first east of Belmont Street to the extension of the southerly property line of Lot No. 16 of Sub. of Lot 3 of M. L. 90, thence easterly along the southerly property line of said lot to the center line of Cummins Street, thence northerly along the center line of Cummins Street to the center line of Loras Blvd., thence westerly along the center line of Loras Blvd. to the center line of the alley first west of Alta Vista, thence south along the center line of the alley first west of Alta Vista to the center line of Martha Street, thence westerly along the center line of Martha Street to the center line of Nevada Street, thence southerly along the center line of Nevada Street to a line 100 feet north of the north- erly side of University Avenue, thence easterly and southeasterly along this line 100 feet north of the northerly side of University Avenue to the line 100 feet north of the northerly side of Robinson Street, thence easterly along the line 100 feet north of the northerly side of Robinson Street to the extension 231 of the center line of the alley first west of Bluff Street between 10th and 11th Streets, thence north- erly along the extension of the center line of the said alley and along the center line of said alley to the center line of West Eleventh Street, thence westerly along the center line of West Eleventh Street to the center line of Highland Place, the point of beginning. Passed, adopted and approved upon final reading this 24th day of May, 1946. Ordinance No. 13-46. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34, Designated ",Zoning Ordinance of the City of Dubuque" so as to Change to "Lo- cal Business District" Classification, Certain Defined Territory Now Being Delimited as "Two Family Residence District" Classification. Be it Ordained by the City Council of the City of Dubuque: Section 1, That the Zoning Map and Zoning Or- dinance of the City of Dubuque be, and the same is hereby amended and changed as follows; a. By changing from a "Two Family Residence District" to a "Local Business District" the area described as follows: Lots 53 and 54, Mc Daniel's Park Hill Addition on Muscatine Street; and Lots 73 and 74, McDaniel's Park Hill Addition on Burlington Street. Passed, adopted and approved upon final reading this 3rd day of June, 1946. Ordinance No. 14-46. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as _Provided by Or- dinance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque" so as to Change to "Two Family Residence District" Classification Cer- tain Defined Territory Now Being Delimited as "Single Family Residence District" Classifica- tion. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Ordi- nance of the City of Dubuque be, and the same is hereby amended and changed as follows: a. By changing from a "Single Family Residence District" to a "Two Family Residence District" the area described as follows: Beginning at a point in the center line of Loras Boulevard, one hundred and thirty-five feet easter- ly of the center lines of Loras Boulevard and Alta Vista Street; thence westerly on the center line,of Loras Boulevard to the intersections of the center line of Loras Boulevard and the center line of the alley first westerly of Alta Vista Street; thence northerly along the center line of the alley first westerly of Alta Vista Street to the intersection of the center line of Vernon Street; thence easterly along the center line of Vernon Street extended to a point one hundred and thirty-five feet westerly of the center line of Alta Vista Street; same point of 232 beginning and point of ending connecting to the present two-family residence district. Passed, adopted and approved upon final reading this 3rd day of June, 1946. Ordinance No. 28-46. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque" Extending the Present' Business District at 23rd Street and Central Avenue to Include Certain Defined Territory Now Being Delimited as "Two Family Residence District" Classification. .Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be, and the same is hereby amended and changed as follows: a. By changing from a "Two Family Residence District" to a "Business District" the area de- scribed as follows: Beginning at a point on the northerly line of Lot 3 Brewery Addition one hundred feet westerly of the westerly line of Central Avenue; thence wester- ly along the northerly line of Lot 3 Brewery Addi- tion crossing Carr Street and continuing westerly along the northerly line of Lot 2 of Brewery Addi- tion one hundred and twenty-two feet; thence south- erly along the northerly extension of the westerly line of Lot 8 of Schaffner's Sub. across Lots 2 and 5 Brewery Addition and southerly along the wester- ly line of Lot 8 of Schaffner's Sub, one hundred feet, thence easterly along the extension of the southerly line of the private alley in Schaffner's Sub. and easterly along the southerly line of the private alley in Schaffner's Sub, to the northwesterly corner of Lot 1 of the Sub. of Lots 1 and 2 and of the South one-half of Lots 5, 6 and 7 of Schaffner's Sub. which point is on the present limit of the business district one hundred feet westerly of the westerly line of Central Avenue. Passed, adopted and approved upon final reading this 24th day of June, 1946. Ordinance No. 36-46. An Ordinance Amending and Changing the Zoning • Map of the City of Dubuque, Iowa, as Provided by Ordinance No. 3-34, Designated "Zoning Or- dinance of the City of Dubuque" so as to include in the "Two Family Residence" Classification Certain Land West of the Old City Limits Re- cently Annexed to the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be, and the same is hereby amended and changed so as to include in the "Two Family Residence" classification certain land west of the old City Limits recently annexed to the City of Dubuque and described as follows: Beginning on the existing west corporation line of the City of Dubuque, Iowa, in line with the North property line of Seminary Street extended to said corporation line; thence westerly along the northerly lines of Stout Road to the northerly line of the Asbury Road; thence northwesterly along the northerly line of the Asbury Road to the westerly line of Avalon Street extended northerly across said road; thence southerly along the westerly side of Avalon Road to the southerly line of Hillcrest Road; thence easterly along the southerly line of Hillcrest Road to the west line of Lot 1 of Lot 2 of Mineral Lot 261; thence south along the west line of Lot 1 of Lot 2 of Mineral Lot 261 and Lot 1 of Lot 2 of Lot 1 of Lot 1 of Link's Subdivision; thence easterly along the southerly line of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Link's Subdivision to the southerly line of the Asbury Road; thence south- easterlyalong the southerly line of the Asbury Road to the existing west corporation line of the City of Dubuque, Iowa, thence northerly along the said existing west corporation line to the point of beginning, all in Section 22, Township 89 North, Range 2 East of the 5th Principal Meridian, being in Dubuque Township, Dubuque County, Iowa, con- taining 59.6 acres more or less. Passed, adopted and approved upon final reading this 4th day of •November, 1946. Ordinance No. 40-46. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque" so as to Extend the Lo- cal Business District at Central Avenue and 32nd Street Northward to Include. the Area Bounded by Central Avenue, 32nd Street, Jack- son Street and the North City Limits Line Be- tween Central Avenue and Jackson Street, Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be, and the same is hereby amended and changed as follows: To extend the Local Business District at Cen- tral Avenue and 32nd Street northward to include the area bounded by Central Avenue, 32nd Street, Jackson Street and the north City Limits line be- tween Central Avenue and Jackson Street. Passed, adopted and approved upon final reading this 2nd day of December, 1946. Ordinance No. 42-46. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34 Designated "Zoning Ordinance of the City of Dubuque" so as to Change to "Lo- cal Business District" Classification Certain Defined Territory Now Being Delimited as "Two Family" District. Be it Ordained by the City Council of the City of Dubuque: Section 1, That the Zoning Map and Zoning Or- dinance of the City of Dubuque be, and the same is hereby amended and changed as follows: a. By changing from a "Two Family Residence District" classification to a "Local Business Dis- trict" classification: Lots 106, 107, 108, 109 and 110 in Burden and Lawther Addition to the City of Dubuque, Iowa. Passed, adopted and approved upon final reading this 2nd day of December, 1946. Ordinance No. 5-47. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34 Designated "Zoning Ordinance of the City of Dubuque" so as to Classify the Entire Area Bounded by West Third Street, Burch Street, and Hill Street into Multiple Res- idence District Classification. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be and the same is hereby amended and changed as follows: That the entire area bounded by West Third Street, Burch Street, and Hill Street, is hereby made and classified as Multiple Residence District. Section 2Z. That any and all Ordinances, or parts of Ordinances, in conflict herewith are here- by repealed. Passed, adopted and approved upon final reading this 3rd day of March, 1947. Ordinance No. 17-47. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance 3-34 Designated "Zoning Ordinance of the City of Dubuque" so as to Change to "Local Business District" Classification Certain De- fined Territory Now Being Delimited as "Two Family Residence District" Classification. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be, and the same is hereby amended as follows: a. By changing from "Two Family Residence' District" classification the area hereinafter de- scribed to "Local Business District" classification as follows: On the southerly side of Southern Avenue, to in- clude all of that area bounded'by the following: Be- ginning at a point on the north westerly corner of Lot 1 of 2 of Lot 3 of part of Mineral Lot 37, thence southerly along the northeasterly lot line of Lot 1 of 2 of Lot 3 of part of Mineral Lot 37 to the north- erly line of the Dubuque Cascade Road; thence south westerly along the northerly line of the Du- buque Cascade Road the south westerly line of Lot 1 of 2 of Lot 4 O'Connor's Sub.; thence northerly along the westerly line of Lot 1 of 2 of Lot 4 O'Connor's Sub. to its intersections, with the southerly line of Southern Avenue; thence north easterly along the southerly line of Southern Avenue to the point of beginning. (All in the 20(& and 300 numbered block on Southern Avenue.) Passed, adopted and approved upon final reading this 2nd day of June, 1947. Ordinance No. 22-47. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34 Designated "Zoning Ordinance 233 of the City of Dubuque" so as to Change to "Mul- tiple Residence District" Classification Certain Defined Territory Now Delimited as "Single Family Residence District" Classification. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be, and the same is hereby amended as follows: a. By changing from "Single Family Residence District" classification the area hereinafter de- scribed to "Multiple Residence District" classifi- cation as follows: That part of J. C. Scully's Sub., an area two hundred feet wide parallel to and on the easterly side of the Dubuque Cascade Road from the present "Local Business District" four hundred feet south- erly. Passed, adopted and approved upon final reading this 4th day of August, 1947. Ordinance No. 29-47. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque" so as to Extend the Pres- ent Light Industrial District at the Northwest Corner of Lot 3 of Randall's Sub. No. 2, thence Southerly along the Easterly Line of Southern Avenue to the Intersection of the Easterly Line of Southern Avenue and the Southwesterly Line of Lot 1 of 2 of 3 of Mineral Lot 37 to the Point of Intersection with the Northwesterly Line of the Dubuque Cascade Road; thence Northeasterly along the Northwesterly Line of the Dubuque Cascade Road to the Present Light Industrial District in Lot 1 of 2 of Randall's Sub. No. 2. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque, be, and the same is hereby amended and changed as follows: To extend the present Light Industrial District at the northwest corner. of Lot 3 of Randall's Sub. No. 2, thence southerly along the easterly line of Southern Avenue to the intersection of the easterly line of Southern Avenue and the southwesterly line of Lot 1 of 2 of 3 of Mineral Lot 37; thence souther- ly along the westerly line of Lot 1 of 2 of 3 of Min- eral Lot 37 to the point of intersection with the northwesterly line of the Dubuque Cascade Road; thence northeasterly along the northwesterly line of the Dubuque Cascade Road to the present Light Industrial District in Lot 1 of 2 of Randall's Sub. No. 2. Passed, adopted and approved upon final reading November 10th, 1947. Ordinance No. 19-48. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque" so as to Extend the "Multiple Family Residence District" from Its Termination at Paulina Street to Include Certain 234 Defined Territory on the Northerly Side of West Fifth Street to Alpine Street, Be it Ordained by the City Council of the City of Dubuque: Section 1, That the Zoning Map and Zoning Or- dinance of the City of Dubuque be, and the same is hereby amended and changed as follows: a. By extending the present "Multiple Family Residence District" from its present termination at Paulina Street to include real estate on the northerly side of West Fifth Street to Alpine Street, said extension to include the following described property: Beginning at a point at the intersection of the center line of Paulina Street extended and the cen- ter line of West Fifth Street; thence northerly along the center line of Paulina Street extended to the northeasterly corner of Lot 1 of Lot 1 of Lot 7 of Mineral Lot 79; thence westerly along the norther- ly line of said Lot 1 of Lot 1 of Lot 7 of Mineral Lot 79 to the northwest corner thereof; thence southerly along the westerly line of said Lot 1 of Lot 1 of Lot 7 of Mineral Lot 79 to the northeast- erly corner of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 3 of Lot 7 of Mineral Lot 79; thence westerly along the northerly line of the Lots fronting on West Fifth Street to Alta Vista Street; thence northwesterly along the center line of Alta Vista Street to the intersection of the center line of Carlotta Street extended and the center line of Alta Vista Street; thence along the center line of Carlotta Street to the intersection of the center line of Carlotta Street extended and the centerline of Alpine Street; thence southerly along the center line of Alpine Street to the intersection of the center lines of Alpine Street and West Fifth Street; thence easterly along the center line of West Fifth Street to point of beginning. Passed, adopted and approved upon final reading this 29th day of November, 1948. Ordinance No. 31-49. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque" so as to Change the Area Bounded by Seminary, Ambrose, Rosedale and Avoca Streets from "Single Family Residence" Classification to "Multiple Residence Classifica- tion." Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be, and the same is hereby amended and changed as follows: a. By changing from "Single Family Residence Classification" to "Multiple Residence Classifica- tion the following described property: "The area bounded by Seminary, Ambrose, Rosedale and Avoca Streets." Passed, adopted and approved upon final reading this 6th day of September, 1949. Ordinance No. 34-49: An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque" so as to Change Certain Property Hereinafter Described from "Single Family Classification" and "Local Business Classification* All to "Light Industrial Classifi- cation." Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be, and the same is hereby amended and changed as follows: a. By changing from "Single Family Classifica- tion" and "Local Business Classification" as indi- cated to "Light Industrial Classification" the follow- ing described property: "The property west of the northwest corner of Central Avenue at 32nd Street known as the Heim Brickyards, as follows: Lots 2, 3, 4, 5, 7, and 8 in Heim Sub. now 'Single Family Classification' and 'Local Business Classification'." Passed, adopted and approved upon final reading this 19th day of September, 1949. Ordinance No. 37-49. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque" so as to Change Certain Property Hereinafter Described From "Two Family Classification" to "Multiple Family Classification." Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be, and the same is hereby amended and changed as follows: a. By changing from "Two Family Classifica- tion" to "Multiple Family Classification" the follow- ing described property: "The entire block between Rhomberg Avenue and Garfield Avenue to the West and East respec- tively and Stanton Street and Shiras Avenue along the south and north respectively." Passed, adopted and approved upon final reading this 24th day of October, 1949. Ordinance No. 1-50. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque" so as to Change Certain Property Hereinafter Described from "Single Family Classification" to "Two Family Classi- fication." Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be, and the same is hereby amended and changed as follows: a. By changing from "Single Family Classifica- tion" to "Two Family Classification" the following described property: "The area bounded on the north by Vernon Street, on the south by Loras Boulevard, on the east by the alley first west of Alta Vista Street, and on the west by the west line of Levin's Addi- tion in the City of Dubuque, Iowa." Passed, adopted and approved upon final reading this 25th day of January, 1950. Ordinance No. 11-50. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque" so as to Change Certain Property Hereinafter Described from "Single Family Residence District Classification" to "Multiple Residence District Classification." Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be, and the same is hereby amended and changed as follows: a. By changing from "Single Family Residence District Classification" to "Multiple Residence District Classification" the following described property: "Beginning at a point at the intersection of the westerly side of the Dubuque Cascade Road and the present City Limits of the City of Dubuque; an area 200 feet wide on the westerly side of the Dubuque Cascade Road 4nd parallel to the westerly line of the Dubuque Cascade Road and extending northerly until said area connects to the present Local Business District 445 feet southerly of the intersection of South Grandview Avenue and the Dubuque Cascade Road." Passed, adopted aridapprovedupon final reading this 1st day of May, 1950. Ordinance No, 12-50. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque" so as to Change Certain Property Hereinafter Described from "Two Family Classification" to "Local Business Dis- trict Classification." Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be, and the same is hereby amended arid changed as follows: a. By changing from "Two Family Classifica- tion" to "Local Business District Classification" the following described property: "An area from the center line of Rhomberg Avenue and Hawthorne Street southwesterly along the center line of Rhomberg Avenue to the inter- section of the center lines of Rhomberg Avenue and Farragut Street and thence southeasterly along the center line of Farragut Street to the intersec- tion of the center line of the alley first 235 southeasterly, of Rhomberg Avenue and thence - northeasterly along the center line of said alley to the intersection of the center line of the alley and Hawthorne Street; thence northwesterly along the center line of Hawthorne Street to the intersection of the center line of Hawthorne Street and Rhom- berg Avenue which is the point of beginning." Passed, adopted and approved upon final reading this 1st day of May, 1950. Ordinance No. 19-50. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34, Designated "Zoning Ordinance ' of the City of Dubuque" so as to Change Certain Property Hereinafter Described from "Two Family Residence District Classification" to "Local Business District Classification." Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be, and the same is hereby amended and changed as follows: a. By changing from "Two Family Residence District Classification" to "Local Business Dis- trict Classification" the following described property: "One-half block bounded by Windsor Avenue on the east, Clinton Street on the south, the alley be- tween Windsor Avenue and Queen Street on the west, and Queen Street Extension on the north." Passed, adopted and approved upon final reading this 27th day of July, 1950. Ordinance No. 20-50. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque" so as to Change Certain Property Hereinafter Described from "Two Family Residence District Classification" to "Local Business District Classification." Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be, and the same is hereby amended and changed as follows: a. By changing from "Two Family Residence District Classification" to "Local Business Dis- trict Classification" the following described prop- erty: "The area bounded by extending Dodge Street and Bryant Street from the intersection of the present local business district with Bryant Street southerly along the east line of Bryant Street to a point fifty feet northerly from the intersection of the north curb line of Curtis Street extended and the east line of Bryant Street; thence southeasterly across Lot 1 of 1 of 1 of 3 of M. L. 63 to the south- east corner of said Lot, thence northerly along the east line of said lot to the northeast corner of said lot existing local business district line." Passed, adopted and approved upon final reading this 21st day of July, 1950. 236 Ordinance No. 21-50. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque" so as to Extend the Present Light Industrial District on the.North- east Corner of Bluff and Dodge Streets North- ward on Bluff Street to Include City Lot 586 in the City of Dubuque, Iowa. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be, and the same is hereby amended and changed as follows: By extending the present Light Industrial Dis- trict on the northeast corner of Bluff and Dodge Streets northward on Bluff Street to include City Lot 586 in the City of Dubuque, Iowa. Passed, adopted and approved upon final reading this 7th day of August, 1950. Ordinance No. 39-50. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque," so as to Change Certain Property Hereinafter Described from "Single Family Residence District Classification" to "Two Family Residence District Classification." Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be, and the same is hereby amended and changed as follows: a. By changing from "Single Family. Residence District Classification" to "Two Family Residence ' District Classification" the following described property: "That area beginning at the southeast corner of Finley Street and Cherry Street; thence southerly along the easterly line of Finley Street to a point opposite to and in line with the southerly line of the alley between Cherry Street and University Avenue; thence westerly along the southerly line of said alley to the intersection of the southerly alley line and Pennsylvania Avenue; thence southeasterly along the northerly line of Pennsylvania Avenue to the intersection of the northerly line of University Avenue; thence easterly along the northerly line of University Avenue to the southwest corner of lot four Schuler's Sub; thence northerly along the westerly line of lot four Schuler's Sub. to the northwesterly corner of lot four Schuler's Sub.; thence easterly along the southerly line of lot five Schuler's Sub. to a point one hundred feet westerly of St. Ambrose Street; thence northerly and parallel to and along a line one hundred feet westerly of St. Ambrose Street to the intersection of the southerly line of Cherry Street; thence westerly along the southerly line of Cherry Street to the intersection of the southeast corner of Finley and Cherry Street which is the point of beginning." Passed, adopted and approved upon final reading this 14th. day of September, 1950. Ordinance No. 43-50. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque," so as to Change the Zoning Classification of the Following De- scribed Area from Its Present Classification to Local Business District Classification, To -Wit: Beginning at the center lines of the intersec- tion of East Twentieth Street and Washington Street; thence easterly along the center line of East Twentieth Street to the intersection of the center line of Rhomberg Avenue; thence easterly along the center line of Rhomberg Avenue to the intersection of the center line of Kniest Street; thence northerly along the center line of Kniest Street to the intersection of the center line of East Twenty-second Street; thence westerly along the center line of East Twenty-second Street to the intersection of the center line of. Washington Street; thence southerly along the center line of Washington Street to the inter- section of the center line of East Twentieth Street, which is the point of beginning. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be and the same is hereby amended and changed as follows: The area described as follows: Beginning at a point at the intersection of the center lines of Rhomberg Avenue and Kniest Street, thence north- westerly along the center line of Kniest Street to a point one hundred and thirty-two (132) feet southeasterly of the center line of East Twenty- second Street; thence southwesterly and parallel to the center line of East Twenty-second Street to the center line of Elm Street; thence southerly along the center line of Elm Street to the center line of Rhomberg Avenue; thence northwesterly along the center line of Rhomberg Avenue to the center line of Kniest Street, which is the point of beginning, is hereby changed from its present Heavy Industrial District Classification to Local Business District Classification. Section 2. The area described as follows; Be- ginning at the intersection of the center lines of Washington Street and East Twentieth Street, thence easterly to the center line of Elm Street; thence northerly along the center line of Elm Street to a point one hundred and thirty-two (132) feet south- erly from the center line of East Twenty-second Street; thence westerly along a line parallel to the center line of East Twenty-second Street to the intersection of the center line of Washington Street; thence southerly along the center line of Washington Street to the center line of East Twentieth Street, which is the point of beginning, is hereby changed from its present Light Industrial District Classifica- tion to Local Business District Classification. Section 3. The area described as follows: Be- ginning at the intersection of the center lines of East Twenty-second Street and Washington Street thence southerly along the center line of Washing- ton Street one hundred and thirty-two (132) feet; thence easterly along a line parallel to the center line of East Twenty-second Street to the center line of Elm Street; thence northeasterly along a line parallel to the center line of East Twenty- second Street, to the center line of Kniest Street; thence northwesterly along the center line of Kniest Street to the, center line of East Twenty- second Street; thence westerly along the center line of East Twenty-second Street to the center line of Washington Street, which is the point of be- ginning, is changed from its present Business Dis- trict Classification to Local Business District Classification. Section 4. The intent and meaning of this Ordi- nance shall be to change the following described area: Beginning at the center lines of the intersec- tion of East Twentieth Street and Washington Street; thence Easterly along the center line of East Twentieth Street to the intersection of the cen- ter line of Rhomberg Avenue; thence easterly along the center line of Rhomberg Avenue to the intersec- tion of the center line of Kniest Street; thence northerly along the center line of Kniest Street to the intersection of the center line of East Twenty- second Street; thence westerly along the center line of East Twenty-second Street to the intersec- tion of the center line of Washington Street; thence southerly alongthe center line of Washington Street to the intersection of the center line of East Twentieth Street, which is the point of beginning, to Local Business District Classification. Passed, adopted and approved upon final reading this 6th day of November, 1950. Ordinance No. 44-50. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque," so as to Change Certain Property Hereinafter Described from "Multiple Residence Classification" to "Light Industrial Classification." Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be and the same is hereby amended and changed as follows: a. By changing from "Multiple Residence Clas- sification" to "Light Industrial Classification" the following described property: Lots 247 to 258 in- clusive in Glendale Addition No. 3 in the City of Dubuque, Dubuque County, Iowa. Passed, adopted and approved upon final reading this 22nd day of November, A. D. 1950. Ordinance No. 2-51. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque," so as to Change the Zoning Classification of the Following Described Area from Its Present Classification to "Light Industrial District" Classification, To -Wit: On the southerly side of Southern Avenue, to include all of that area bounded by the following: Beginning at a point on the northwesterly corner of Lot 1 of Lot 2 of Lot 3 of part of Mineral Lot 37, thence southerly along the northeasterly lot 237 line of Lot 1 of Lot 2 of Lot 3 of part of Mineral Lot 37 to the northerly line of the Dubuque Cas- cade Road; thence southwesterly along the north- erly line of the Dubuque Cascade Road to the southwesterly line of Lot 1 of Lot 2 of Lot 4°in O'Connor's Subdivision; thence northerly aldng the westerly line of Lot 1 of Lot 2 of Lot 4 in O'Connor's Subdivision to its intersections with the southerly line of Southern Avenue; thence northeasterly along the southerly line of South- ern Avenue to the point of beginning. Whereas it is deemed advisable by the City Council to amend the Zoning Map of the City of Dubuque so as to change the present zoning classification of the above described territory in the City of Dubuque; and Whereas notice of such proposed change has been published as provided by law and an oppor- tunity afforded to any and all interested parties and citizens to object thereto at a public meet- ing held at 7:30 o'clock P. M. on the 10th day of June, 1951, in the Council Chambers in the City Hall; and Whereas no objections have been filed or made to the proposed change; Now therefore, Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be and the same is hereby amended and changed as follows: The area described as follows: On the southerly side of Southern Avenue, to include all of that area bounded by the following: Beginning at a point on the northwesterly corner of Lot 1 of Lot 2 of Lot 3 of part of Mineral Lot 37, thence southerly along the northeasterly lot line of Lot 1 of Lot 2 of Lot 3 of part of Mineral Lot 37 to the northerly line of the Dubuque Cascade Road; thence southwesterly along the northerly line of the Dubuque Cascade Road to the southwesterly line of Lot 1 of Lot 2 of Lot 4 in O'Connor's Subdivision; thence northerly along the westerly line of Lot 1 of Lot 2 of Lot 4 in O'Connor's Subdivision to its intersection with the southerly line of Southern Avenue; thence north- easterly along the southerly line of Southern Avenue to the point of beginning, is hereby changed from its present "Local Business District" classification to "Light Industrial District" classification. Section 2. This Ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and publication as provided by law. Passed upon first reading this 10th day of January, 1951. Passed, adopted and approved upon final reading this 22nd day of January, 1951. 238 Ordinance No. 23-51. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Or- dinance No. 3-34 so as to Change Certain Prop- erty Hereinafter Described from "Local Busi- ness District Classification" to "Business Dis- trict Classification". Whereas, the Planning and Zoning Commis- sion has filed a report recommending the re- zoning from Local Business District Classifica- tion to Business District Classification of Cer- tain Hereinafter Described Property Located on the Northerly side of Dodge Street; and Whereas a public hearing on the question of such proposed rezoning was held on the 2nd day of April, 1951, at 7:30 o'clock P. M. at the City Hall in Dubuque, Iowa, pursuant to due and legal notice and all parties in interest and all citizens were given an opportunity to be heard at said hearing; and Whereas the City Council deems such rezon- ing to be necessary and proper; Now therefore, Be it Ordained by the City Council of the City of Dubuque: Section 1. That any or all objections to said proposed rezoning are hereby overruled. Section 2. That the Zoning Map and Ordinance No. 3-34, being the Zoning Ordinance, be and the same are hereby amended and changed as follows: By changing from "Local Business Classifi- cation" to "Business Classification" the following described property: Beginning at the northwest corner of Dodge and Bluff Street, thence southwesterly along the north- erly property line of Dodge Street to the east prop- erty line of Peabody Street; thence northwesterly along said easterly property line of Peabody Street a distance of 100 feet; thence northeasterly along a line lying 100 feet northerly of and parallel to the north property line of Dodge Street to a point 100 feet west of the westerly property line of Bluff Street; thence southeasterly to the southeast cor- ner of Lot 1 of the Subdivision of Lot 2 of City Lot 598; thence south along the west property line of Bluff Street to the northwest corner of Dodge and Bluff Street, which is the point of beginning. Section 2. That this Ordinance shall be in full 'force and effect ten (10) days from and after its final passage, adoption and publication as by law provided. Passed, adopted and approved this 24th day of April, 1951. Appendix Resolution No. 250-51. Resolution Establishing Rules of Order for the City Council of the City of Dubuque and Repealing All Prior Rules of Order. Be it Resolved by the City Council of the City of Dubuque: Section 1. That the following be and the same are hereby adopted as the Rules of Order of the City Council of the City of Dubuque: Rule 1. The rules of procedure and order of business shall be strictly adhered to by the City Council, unless they shall be temporarily suspend- ed by the consent of three-fourths of the Council- men present. Rule 2. The City Council shall meet regularly on the first Monday of each month, at 7:30 o'clock P. M. Rule 3. The Mayor, when present, shall preside at meetings of the Council. Rule 4. At all meetings of the Council a major- ity of all the Councilmen elected shall constitute a quorum to do business, but a minority may adjourn from day to day and compel the attendance of absent members, by a fine of not to exceed Ten (10) Dollars for each and every such offense. Rule 5. At the hour of meeting, the members shall be called to order by the Mayor, or in his absence, by the Clerk, who shall proceed to call the roll, note the absentees, and announce whether a quorum be present. If made necessary by the ab- sence of the Mayor the members present may elect one of their number Chairman for the occasion. Upon the appearance of a quorum, and being duly organized, the Council shall proceed to the business before them, which shall be conducted in the order following: 1. Presentation of bills. 2. Presentation of petitions and communications. 3. Reports of officers. 4. Reports of Commissions and Committees. 5. Unfinished business of preceding meetings. 6. Motions, resolutions and notices. Rule 6. The Mayor shall preserve order and decorum, and shall decide questions of order, sub- ject to appeal to the Council. Rule 7. While the Mayor is putting the question no member shall walk across or out of the Council room. Rule 8. No member shall leave the sittings of the Council without leave of the presiding officer. Rule 9. Persons other than members of the Council shall not address the Council otherwise than in writing, which shall be on file with the City Clerk prior to 4 o'clock of the afternoon preceding the meeting. Rule 10. While a member is speaking no mem- ber shall entertain private discourse, or pass be- tween him and the Chair. Rule 11. Every member who shall be present when a question is stated from the Chair, shall vote thereon, unless excused by the Council, or un- less he be directly interested in the question, in which case he shall not vote. Rule 12. If the question in debate contains sev- eral distinct propositions, any member may have the same divided. Rule 13. When a blank is to be filled and differ- ent sums and terms are proposed, the question shall first be put upon the largest sum and longest time. Rule 14. Motions on the subject under consid- eration shall have precedence in the following order: 1. To lie on the table. 2. To postpone. 3. To commit. 4. To amend. Rule 15. A motion to adjourn shall always be in order, except that it shall not be repeated without the intervention of some other proceedings; it shall have precedence over all other motions, and shall be decided without debate. Rule 16. A motion for the "previous question", to lie on the table, or to commit, shall, until it is decided, preclude all amendment and debate on the main question, and a motion to postpone indefinite- ly, or to a certain day, shall, until it is decided preclude all amendments on the main question. Rule 17. The "previous question" shall be as follows: "Shall the main question be now put?" Rule 18. A motion to reconsider shall not be entertained except on the same day, or at the next succeeding regular meeting after the day on which the vote was taken, and shall be made only by a member who voted with the majority. Rule 19. All appointments to office by the Council shall be by ballot or viva voce, as the Council shall determine, and a majority of the members present shall be necessary to a choice. Rule 20. The Clerk shall direct all papers to appropriate Committees and officers, as early as the next day after the reference shall have been made and shall deliver the same. The Clerk shall attend all meetings of the Council. Rule 21. The City Manager shall have charge of the Council room, shall attend all the meetings of the Council, and shall preserve order. Rule 22. The Council shall keep a journal of its proceedings, which shall be open at all times for inspection; shall make and enforce rules for its government; compel the attendance of absent mem- bers, when necessary, and punish for disorderly conduct. Rule 23. No personalities or reflections injuri- ous to the feelings of any member, or the harmony of the Council, shall be tolerated, and every person 239 11 1111SL indulging in such personalities shall be called to order by the Chair. Rule 24. All voting shall be aye and nay vote and shall be recorded by the City Clerk. Rule 25.. Special meetings shall be called in ac- cordance with the Statute. Section 2. That all Rules of Order heretofore adopted by the City Council are hereby repealed. Section 3. This Resolution shall be in full force and effect immediately upon its adoption and pub- lication as provided by Law. Adopted this 16th day of July, A. D. 1951. AN ACT FOR LAYING OFF THE TOWNS OF FORT MADISON AND BURLINGTON, IN THE COUNTY OF DES MOINES, AND THE TOWNS OF BELLEVIEW, DUBUQUE, AND PERU, IN THE • COUNTY OF DUBUQUE, TERRITORY OF WISCON- SIN, AND FOR OTHER PURPOSES. Be it enacted by the senate and house of repre- sentatives of the United States of America in con- gress assembled, That the tracts of land in the ter- ritory of Wisconsin including the towns of Fort Madison and Burlington, in the county of Des Moines; Belleview, Dubuque, and Peru, in the county of Dubuque; and Mineral Point, in the county of Iowa, shall, under the direction of the surveyor general of the public lands, be laid off into town lots, streets, avenues, and the lots for public use called the public squares, and into out -lots having regard to the lots and streets already surveyed, in such manner and of such dimensions as he may think proper for the public good and the equitable rights of the settlers and occupants of the said towns: Provided, The tracts of land so to be laid off into town -lots, &c. shall not exceed the quantity of one entire section, nor the town -lots one-half of an acre; nor shall the out -lots exceed the quantity of four acres each. When the survey of the lots shall be completed, a plat thereof shall be returned to the secretary of the treasury, and within six months thereafter the lots shall be offered to the highest bidder, at public sale, under the direction of the president of the United States, and at such other times as he shall think proper; Provided, That no town -lot shall be sold for a sum less than five dol- lars: And provided further, That a quantity of land of proper width, on the river banks, at the towns of Fort Madison, Belleview, Burlington, Dubuque and Peru, and running with the said rivers the whole length of said towns, shall be reserved from sale, (as shall also the public squares) for public use, and remain for ever for public use, as public high- ways, and for other public uses. And be it further enacted, That it shall be the duty of the said surveyor to class the lots already surveyed in the said towns of Fort Madison, Bur- lington, Belleview, Dubuque, Peru and Mineral Point, into three classes, according to the relative value thereof, on account of situation and eligibility for business, without regard however to the im- provements made thereon; and previous to the sale of said lots as aforesaid, each and every person or persons, or his, her, or their legal representatives, who shall heretofore have obtained from the agent of the United States a permit to occupy any lot or lots in the said towns, or within the tracts of land hereby authorized to be laid off into town lots, 240 shall be permitted to purchase such lot or lots by paying therefor, in cash, if the same fall within the first class as aforesaid shall be permitted to pur- chase, by authority of this section, more than one acre of ground to embrace improvements• already made. Andbeit further enacted, That the sum of three thousand dollars be, and the same is hereby appro- priated, to be paid out of any money in the treasury not otherwise appropriated, to defray the expense of surveying the lands covering the said towns of Fort Madison, Burlington, Belleview, Dubuque, Peru and Mineral Point. Approved, July 2, 1836. AN ACT TO AMEND AN ACT ENTITLED "AN ACT FOR LAYING OFF THE TOWNS OF FORT MADISON AND BURLINGTON, IN THE COUNTY OF DES MOINES, AND THE TOWNS OF BELLEVIEW, DUBUQUE AND PERU, IN THE COUNTY OF DU- BUQUE, AND MINERAL POINT, IN THE COUNTY OF IOWA, TERRITORY OF WISCONSIN, AND FOR OTHER PURPOSES.* APPROVED JULY SECOND, EIGHTEEN HUNDRED AND THIRTY-SIX. Be it enacted by the senate and house of repre- sentatives of the United States of America in con- gress assembled, That all acts and duties required to be done and performed by the surveyor for the territory of Wisconsin, under the act to which this is an amendment, shall be done by a board of com- missioners of three in number, any two of whom shall be a quorum to do business; said commission- ers to be appointed by the president of the United States, and shall, previous to their entering upon the discharge of their duties, take an oath or af- firmation to perform the same faithfully and im- partially: Provided, That the action of the com- missioners appointed under the present act shall not interfere with any of the acts performed by the surveyor general, prior to the time of the passage hereof, in pursuance of instructions under the act to which this is amendatory. And be it further enacted, That the said commis- sioners shall have power to hear evidence and de- termine all claims to lots arising under the act to which this is an amendment and for this purpose, the said commissioners are authorized to admin- ister all oaths that may be necessary, and reduce to writing all the evidence in support of claims to pre-emption presented for their consideration; and ` when all the testimony shall have been heard and considered, the said commissioners shall file with the proper register and receiver for the district within which the towns are situated respectively, the testimony in each case, together with a certifi- cate in favor of each person having the right of pre-emption under the provisions of the act of which this is amendatory; and upon making pay- ment to the proper receiver of public moneys for the lot or lots to which such person is entitled, the receiver shall grant a receipt therefor, and the register issue certificates 'of purchase, to be transmitted to the commissioner of the general land office, as in other cases of the sale of public lands. And be it further enacted, That the proper reg- ister and receiver of public moneys, after the board of commissioners have heard and determined all the cases of pre-emption under the. act to which this is an amendment, shall expose the residue of the lots to public sale to the highest bidder, after advertising the same in three public newspapers at least three months prior to the day of sale, in the same manner as is provided for the sale of public lands in other cases; and after paying the commis- sioners the compensation hereafter allowed them, and all other expenses incident to the said survey and sale, the receiver of the land office shall pay over the residue of the money he may have received from the sale of lots aforesaid, by pre-emption as well as at public auction, into the hands of the trustees of the respective towns aforesaid, to be ex- pended by them in the erection of public buildings, the construction of suitable wharves, and the im- provement of the streets in the said towns of Fort Madison, Burlington, Belleview, Dubuque, Peru and Mineral Point. And be it further enacted, That the commission- ers appointed to carry this act into effect, shall be paid by the receiver of public moneys, of the prop- er land district, six dollz.rs each, per day, for their services, for every day they are necessarily em- ployed. Approved, March 3, 1837. AN ACT TO INCORPORATE THE CITY OF DUBUQUE Section 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, that the City of DuBuque shall be bounded as follows: Beginning at a point in the middle of the main chan- nel of the river Mississippi east and parallel with the south line of the town of DuBuque as surveyed and laid off by the commissioners appointed. under an actof congress to lay off the towns of Fort Mad- ison, Burlington, and DuBuque, etc. and running westwardly with the said line to a stone which marks the southwest corner of said town, thence north- wardly to a stone which marks the northwest cor- ner of said town; thence, with the line of said town, to the slough; thence east -north-east to the middle of the main channel of the Mississippi river; thence with said channel to the place of beginning. All the inhabitants resident within the aforesaid limits are hereby declared to be incorporated by the name of "The Mayor and Aldermen of the City of DuBuque." Section 2. There shall be elected on the first Monday of Aprilone thousand eight hundred and forty, and annually thereafter, one mayor and six aldermen, who shall hold their offices for one year and until their successors are elected and qualified, and they shall be the judges of their own elections, and the mayor and aldermen shall constitute the City Council, the majority of whom shall constitute a quorum to do business. The said election shall be ballot, and each free white male citizen of the age of twenty-one years, who has been a resident of said city three months prior to the day of elec- tion, shall be entitled to vote at all elections for City officers. Section 3. That the Mayor, Aldermen and in- habitants thereof shall be a body politic and corpo- rate, with perpetual succession to be known by the name of the Mayor and Aldermen of the City of DuBuque, and shall be capable in law by their cor- porate name to acquire real and personal property, for the use of said City, sell and convey the same, may have a common seal, and may alter and change the same at pleasure; they may sue and be sued, plead and be impleaded, defend and be defended, in all manner of courts of judicature in this territory, and in all manner of actions whatever, and when any suit shall be brought against the City an attest- ed copy of the summons shall be left with the May- or or at his place of residence, ten days before the return thereof, or in his absence with the Clerk of the Council. Section 4. The Mayor and Aldermen shall have power to make and establish by-laws, regulations and ordinances for the government of the City, and alter and repeal the same at pleasure, to prescribe the duties and compensation of such subordinate of- ficers as they may deem proper, to appoint and re- move them at pleasure, to fix reasonable fines and penalties for any violation of the laws and or- dinances of the corporation: Provided, That no person shall be fined exceeding fifty dollars for any one offence against any one ordinance, and may be recovered by action of debt before any jus- tice or any magistrate of competent jurisdiction within the limits of the City, and to provide for the collection and disposition of the same, and no by- laws or ordinances shall take effect until the same shall have been published. Section 5. The City Council shall have power to grade, ditch and cut sewers, to make, alter, widen and repair streets, lanes and alleys; to make and repair wharves or public landings within the cor- poration, to license houses where liquor is sold by the dram, to license drays, carts and other vehicles kept for public hire, to license and prohibit shows and other public exhibitions, to dig and keep in re- pair public wells, to license and regulate billiard tables, to prohibit the discharging of firearms and the racing or immoderate running of horses within the corporation, to levy and collect a tax upon dogs, to restrain or prohibit the running at large of fero- cious animals, to establish and regulate public markets, to establish and regulate the rate of wharfage of all boats or vessels or rafts landing within the limits of the corporation, to establish a ferry or ferries and for annually leasing the same, to cause to be fenced vacant or unimproved lots, to restrain and prohibit houses of ill fame, and all in- decent exhibitions within the City, to hold, pur- chase and convey real and personal estate for the use of said City, to borrow money at any rate of interest not to exceed twenty per centum per an- num, and all money so borrowed shall be expended for the public improvement of the City and for no other purpose, and to secure the payment thereof they shall have the power to pledge the faith and property of said City, to levy and collect a tax on all real and personal property within the corpora- tion and subject to a county tax: Provided, it shall not exceed in any one year more than the one- fourth of one per centum of the aggregate amount of all such taxable property. The said tax shall be assessed and collected by such officer or officers as the City Council may from time to time appoint, in such manner and under the same regulations as are or may be provided by law for the assessment and collection of county taxes; to provide against danger by fire, and for this purpose there may be organized within the limits two fire companies not to exceed twenty-five men each, and when so or- ganized the members thereof shall be. exempt from militia duty, to prohibit the keeping in any one place large quantities of gunpowder. They shall 241 1lialliSETEE11111M5A have power to pass all laws and ordinances not in- consistent with the constitution of the United States and laws of this territory for the purpose of carry- ing the aforesaid powers into effect, and for the preservation of the peace, health and cleanliness of said City. Section 6. The Council shall appoint a suitable person to be Marshal of the City, whose duty shall be to execute and return all process directed to him by the Mayor or any Justice of the Peace with- in the limits of the corporation in the name of the Mayor and Aldermen of the City of DuBuque, and shall have the same authority and perform the same duties and be subject to the same liabilities that constables are in their respective counties, and shall receive the same fees for services that are or may be allowed by law to constables within this territory, and do and perform all other duties that may be imposed on him by ordinance. Section 7. All writs and process issued by any Justice of the Peace or any other court under any of the ordinances of the corporation, shall be served and returned in like manner and with like effect as writs and process are now served and re- turned under the laws of this territory. Section 8. The Mayor shall attend and preside at all meetings of the City Council, he shall not vote except in case of a tie, when he shall give the cast- ing vote, he shall sign all laws or ordinances passed by the Board, and see that they are faithful- ly executed, he shall sign all bonds and drafts ordered by the City Council and attested by the Clerk, and all such bonds and drafts so signed shall bind the said corporation and shall be good in law and equity in every court in the territory for what is therein expressed. Section 9. In case of the resignation, absence, sickness or death of the Mayor, the Aldermen shall elect one of their number Mayor pro tern., who shall be invested with all the authority and perform all the duties of Mayor during his absence or until another is elected and qualified. Section 10. The Mayor and Aldermen and all other officers of the City shall, before entering upon their respective duties, take and subscribe an oath to support the constitution of the United States and laws of this territory, and faithfully perform the duties for which they were elected, which oath shall be filed with the Clerk. Section 11. The City Council shall appoint a Clerk, who shall keep a fair record of all the pro- ceedings of the Mayor and Aldermen, shall attend all meetings and act as secretary of the same, shall keep all books and papers and provide all necessary rooms and stationery for the use of the Board, he shall do all other acts which may by ordinance be required. Section 12. They shall also appoint a Treasurer, who shall receive and safely keep all moneys which may come into his hands, and when he receives moneys from the Marshal, Collector or Clerk, he shall give a receipt for the same, he shall, once in every three months, make out a list of all moneys by him received and paid out, and make a complete settlement with the Board, he shall not purchase, buy or in any way trade for any City orders at a less value than the amount called for by the same, he shall give to the Board a bond with security to 242 their satisfaction, and be in all things governed by the by-laws and ordinances. Section 13. The City Council shall, upon the ap- plication of any twenty voters, or may, without such application, divide the City into three or more wards, having regard to the number of inhabitants, and apportion the Aldermen to be elected in each ward as near equal as can be, according to the pop- ulation thereof. Section 14. The City Council shall, at least two weeks before the time expires for which they were elected, give public notice in the newspaper, or by notices posted up in three of the most public places in the City of an election for City officers, to- gether with the place at which each election shall be held, they shall appoint two Judges and one Clerk to each ward. It shall be the duty of the Clerk to record in a book kept for that purpose the name of each voter. The said election shall be kept open from nine in the morning to five o'clock in the afternoon. After the close of said polls the Judges shall count the ballots and give a certificate of election to the person having the greatest num- ber of votes, the same to be attested by the Clerk. Said Clerk shall return the poll books to the City Council, and the City Council shall, at the same time, publish a statement of the receipts and ex- penditures of the preceeding year. Section 15. When the City Council shall order any street, lane or alley to be opened or extended, and the same runs upon any individual property, it shall be the duty of the Mayor to issue a venire for twelve good and discreet men property holders in said City to make a Jury for the purpose of asses- sing damages, if any sustained by the opening of said street, lane or alley. And the said Jury shall be under oath to assess the same without fear, favor or partiality to the best of their judgement, and they shall take into consideration the benefit the property holders shall derive by the opening of said street, lane or alley, as well as the loss they shall sustain, and if they find the loss to be greater than the benefit, they shall render their verdict for the amount, and the Mayor shall draw his draft upon the Treasurer in favor of such person so in- jured for the amount assessed, but if the Jury is of the opinion that the benefit is equal to the loss they shall so render their verdict certified under their hands. In either case the City Council shall pro- ceed to -open said street, lane or alley, and keep the same open for public use. Section 16. When any street, lane or alley, shall be paved or macadamized the City Council shall as- sess the cost thereof to the owners of the property on each side of the street, lane or alley so made, according to the number of feet front each person does own on said street, lane or alley, and in like manner, if side walks are only made each person shall be liable for the expense incurred in front of his, her or their property, and if the said assess- ment is not paid after giving due notice thereof the property shall be sold after giving the usual notice as in case of execution for to satisfy the amount with costs. This section shall not apply to the pub- lic landing except to the sidewalk on one side of the same: And provided further, That the City Council shall have discretionary power to charge to the owners of property such part of the expense of grading, paving, or macadamizing any street, lane or alley as they may deem just, the balance to be paid out of the City Treasury. Section 17. Whenever the owners of more than one half of the property on any street, part of a street, lane or alley, not less than the length of one square or block, shall petition the City Council to have the same paved or macadamized, it shall be the duty of the City Council to have the same ordered to be done according to the plan adopted by the City, and the cost taxed as is provided in the preceeding section: Provided, That they may make such order without such petition. Section 18. In case of death, resignation, or ab- sence of two months without leave, of any Alderman, it shall be the duty of the Clerk to give ten days' notice of an election to be held to supply the vacancy; if the City is districted into wards the election shall be held in the ward which the Alder- man represented whose seat has been vacant; if the City has not been districted, then the election shall be general throughout the City. Section 19. That nothing in this act shall be so construed as to interfere with the rights of the county or territory to tax the people within the limits of said City. Section 20. This act to be in force and take ef- fect from and after the third Monday in March next: Provided, That the legal voters of said City having paid a town or corporation tax, may assem- ble at the Court House on the first Monday or March next, and proceed to vote by ballot for of - againstthis charter, and if a majority of the voters shall be in favor of the same, they shall proceed according to the provisions of this act, otherwise the same shall not take effect, but if at any future day by previous notice of at least thirty days, they shall agree to adopt it, it shall be as binding as if it had been adopted on the day set forth in this section. Section 21. That all unfinished business of the President and Trustees of the Town of DuBuque, is hereby transferred for adjustment to the Mayor and Aldermen of said City; and they shall be holden for all debts, credits and contracts of, and enjoy all rights and privileges heretofore exercised by and granted to said President and Trustees. Approved January 17, 1840. CITY CHARTER. An Act for revising and consolidating the laws in- corporating the City of Dubuque. Section 1. Be it enacted by the General Assem- bly of the State of Iowa, that all that part of the County of Dubuque, in the State of Iowa, included within the following boundaries, to -wit: Beginning at a point in the middle of the main channel of the Mississippi River, in the south line continued of Section Thirty-one, in Township Eighty-nine, north of Range Three east of the Fifth Principal Merid- ian; thence west along the south line of said Section continued, and along the south line of Sections Thirty-five and Thirty-six in the same Township, of Range Two east of the Fifth Principal Meridian, to the west line of said Section Thirty-five; thence north along the west line of Sections Thirty-five, Twenty-six and Fourteen, to the north line of said Section Fourteen; thence east along the north line of said Section Fourteen and Thirteen to the range line between Townships Two and Three east of said meridian; thence north on the last mentioned range line to its intersection with the north line of Sec- tion Seven in the same township of Range Three east of said meridian; thence east along the north line of Section Seven and along said line continued to the main channel of the Mississippi River; thence down the middle of the main channel of the Missis- sippi to the place of beginning, shall be, and is here- by declared to be a city, and the inhabitants thereof are created a body corporate and politic, with per- petual succession, under the name and style of the City of Dubuque, and as such, and by that name, shall be capable in law of contracting and being contracted with, of suing and being sued, pleading and being impleaded, answering and being answered unto, in all courts and places, in all matters •what- soever; and also of purchasing, using, occupying, enjoying and conveying real, personal and mixed estate, and may have and use a corporate seal, and may change, alter and renew the same at pleasure, and shall be competent to have, exercise and enjoy all the rights, immunities, powers and privileges, and be subject to all the duties and obligations in- cumbent upon and appertaining to a municipal cor- poration. Section 2. The right and power to exercise the corporate powers hereby and herein granted, and the administration of the fiscal, prudential and municipal affairs of said city, with the conduct, direction and government thereof, shall be vested in a Mayor and Aldermen, to be denominated the City Council, neither of whom, while holding their respective offices, shall hold any other under the city government; and in a Recorder, Auditor, Treasurer, Marshal and City Attorney, and such other officers as are herein mentioned, as the City Council, for the better fulfillment and administra- tion of the 'corporate duties and powers herein granted, may by Ordinance create and establish. Section 3. The Mayor, Aldermen, Recorder, Treasurer, Auditor and City Attorney, shall be elected at the annual election, by the qualified vot- ers of said city, as hereinafter provided and the said Recorder, Treasurer, Auditor, and City At- torney, shall hold their offices, respectively, for the term of one year from the date of their election, and until their successors are elected and qualified. Such other officers as the City Council may by Or- dinance provide for, shall be either elected by the people or appointed by the City Council, as such Ordinance may determine; if elected by the people, they hold their offices for the term of one year, and until their successors are qualified, if appoint- - ed by the City Council, they shall hold their offices for such time as shall be fixed by Ordinance, not longer than one year, or at the'pleasure of the Council. All City officers, before entering on the duties of their respective offices, shall take an oath or affirmation to support the constitution of the United States and of the State of Iowa, and faithfully and impartially to perform the duties of the offices to which they may be elected or appointed, and, when required by the Council, shall, except the City Judge, give bonds in such sums and with such sureties as the Council may determine and approve, for the faithful performance of all the duties ap- pertaining to their respective offices. All elective officers shall be citizens of the State of Iowa, and qualified voters in said city. 243 Section 4. The annual election for city officers shall take place on the first Monday of April in each year. Polls shall be opened in each ward under the direction of judges of election, and a clerk to be appointed by the City Council. It shall be the duty of the Mayor, at least ten days previous to each election, to issue his proclamation setting forth the time and place at which the polls shall be opened, which shall be published in the official papers of the City. The rules prescribed by law for the regulation of township elections, shall govern as far as applicable, the election of city of- ficers, and returns within two days shall be made out in the same manner as by the township trustees, and delivered in a sealed envelope to the Mayor, who shall within one week from the day of election, at a regular meeting of the City Council, or at a special meeting to be called for that purpose, open the returns in the presence of the Council, and the Council, upon examination and comparison of the returns, shall judge and decide the result, and these proceedings shall be entered upon the record by the Recorder in his minutes of the proceedings of said Council of that meeting. Every person qualified to vote for state or county officers in the County of Dubuque, and who shall have resided in said city for the space of six months, shall be qualified to vote at city elections in the ward where he resides. Section 5. The City of Dubuque shall be divided in such manner as the City Council may by Ordi- nance determine, into five or more wards, which may be altered or changed at the pleasure of the said Council; Provided, That such change shall not affect the right of any member to hold his seat during the time for which he is elected. Two alder- men shall be elected from each ward who shall hold their office for the term of two years; and these terms shall be so arranged that one alderman shall be elected from each ward each year. Any citizen who is a qualified voter in said city may be elected alderman from the ward in which he resides, and a removal of his residence from such ward shall be deemed a vacation of his office. No mem- ber of the City Council shall be directly or indirect- ly interested in the profits of any contract or job for the city, and to become so interested, or being so interested when elected, shall be deemed a vacation of said office. Neither shall any alderman vote in said Council upon any question in which he is directly or indirectly interested. Section 6. The City Council shall have power to judge,as to the qualification of its members, and to establish rules and regulations for the government of its proceedings; and to prescribe the times and places at which the meetings of the Council shall be held; and to make all Ordinances necessary and proper for carrying into effect the powers herein granted, and to enforce obedience to such Ordi- nance by fine not exceeding one hundred dollars, or by imprisonment not exceeding thirty days, or by such fine and imprisonment. Section 7. The City Council shall have power, and it is hereby made their duty. First --To fill all vacancies which may occur among the officers of said city, by appointment, the person so appointed to hold office until the next succeeding April election, when the vacancy shall, if an elective office, be filled by election by the people. 244 Second --To establish and fix the salaries and compensation of all officers of said city, not fixed by this act. Third --To provide all needful regulations and precautions to protect the city and the inhabitants thereof, against injuries by fire, thieves, robbers, burglars, and all persons violating the public peace. Fourth --To provide for the suppression of riots, gambling, and all indecent and disorderly conduct, and for the punishment of all lewd and lascivious behavior in the streets and other public places in said city. Fifth --To prohibit the erection in any square or fraction of a square in said city of any building or of any addition to any building, except the entire walls thereof, shall be of stone, or brick and mortar, and to provide for the removal of any building erected contrary to the true intent and meaning of said prohibition. Sixth --To organize and establish fire companies, and provide them with engines and other apparatus, and to regulate and prohibit the establishment of an independent fire company or companies, after the passage of this act. Seventh --To require and compel the removal of all obstructions of the public streets and alleys, and the abatement of all nuisances in said city. Eighth - -To cause all grounds or lots where water shall at any time become stagnant or re- main standing, to be raised, filled up or drained, at the expense of the owner thereof, and to effect this object the said Council may give notice to the owners thereof, or their agents, or in case of non- resident owners without known agents, notice may be given by publication in one or more of the news- papers published in said city, to fill up, raise or drain such grounds at their own expense, and the Council shall designate how high such grounds shall be filled up or raised, or in what manner they shall be drained; and in case the owners shall fail to fill up or drain such ground, within the time designated in said notice, the City Council may cause the same to be done at the expense of the city, and assess the expenses thereof against said grounds, and such assessment shall be placed in the hands of the City Collector, who shall pro- ceed to collect the same, with costs, by sale of such grounds, in such manner and under such re- strictions and regulations as may be provided by Ordinance; Provided, The owner of such grounds shall have the right to redeem within one year after sale, by paying the purchasers the amount by them paid with 10 per cent interest thereon. Ninth --To make regulations to secure the gen- eral health of the city, and to cause the removal of all dirt, filth, or other nuisance, which may at any time be accumulated upon any lots or streets or alleys in said city, at the expense of the owners of the grounds on which it lies. Tenth --To establish hospitals, workhouses and a city jail, and make regulations for the govern- ment thereof. Eleventh --To prohibit hogs, cattle, horses and all other animals from running at large in the streets, alleys and public places in said city. Twelfth --To establish a day and night police, and punish resistance to them or any other city of- ficers in the discharge of their duties. Thirteenth --To open, alter, extend, widen, es- tablish and vacate, and to grade, pave and otherwise improve, clean and keep in repair the sidewalks, streets, alleys, wharves, docks, landings, and other public grounds of said city. Fourteenth --To establish, erect and keep in re- pair, bridges, culverts and sewers, and regulate the use of the same; to establish, alter and change the channel or water courses; and to wall them up and cover them over. Fifteenth --To erect market houses, establish market places, and provid.e for the regulation and government thereof. Sixteenth --To provide for all needful buildings for the use of the city, and for enclosing, improv- ing and protecting all public grounds belonging to the city. Seventeenth --To regulate the use of wharves and public landings, fix the rate of wharfage and regulate the stationary anchorage and mooring of all boats and rafts within the city. Eighteenth --To license, tax and regulate auc- tioneers, peddlers and traveling merchants, gro- cers, merchants, retailers, hotel keepers, and keepers of livery stables, of eating houses, board- ing houses, saloons and places of amusement, and bankers, dealers in money, warrants, notes and other evidences of indebtedness, and works of all kinds. Nineteenth --To license, tax and regulate hack- ney carriages, omnibuses, wagons, carts, drays, and all other vehicles, and porters, and fix the rates to be charged for the carriage of persons, and for the wagonage, cartage, drayage or porter- age of property. Twentieth --To license, tax, regulate and sup- press threatrical and other exhibitions, shows and amusements, and billiard tables, ten pin alleys, and to suppress gambling houses, and bawdy houses, and houses of prostitution; also to tax and destroy dogs, to regulate the weights and measures to be used in said city; to provide for the inspec- tion and measuring of wood, lumber and oils, and for the inspection and weighing of coal and hay, and to provide for and regulate the inspection of beef, pork, flour, butter, lard and other provisions, and to regulate the vending of meat, poultry, vegetables and other provisions. Twenty -first --To establish regulations respect- ing character and size of the foundation and other walls of buildings in said city, and to enforce the same by the removal of buildings erected in viola- tion of such regulations at the expense of the owner or lessee of the lots upon which they are situated. Twenty -second --To purchase land or other prop- erty for the use of the city, and to dispose of all personal property of the city at the pleasure of the Council, and of the real estate of the city, when authorized so to do by the majority of the legal voters; and the Council may by Ordinance provide for submitting the question of the sale of the real estate, or any part thereof, to the voters of said city, in such manner and at such times as it may deem expedient. Twenty -third --To collect taxes to defray the current expenditures and pay the debts of the city; Provided, That the tax for any one year shall not exceed one per cent upon the assessed value of all property taxed. Twenty -fourth --To provide for the assessment of all taxable property in said city, with reference to taxation for city purposes. Appeal shall lie from the assessment of any officer appointed by the City Council to assess property, to the City Council, whose adjudication shall be final. Twenty -fifth --To audit all claims against the city, and order the payment of such as shall be al- lowed. Twenty -sixth --The City Council shall have the exclusive right to license and regulate ferries, and to establish the rates of ferriage between Dubuque and the opposite bank of the Mississippi River. Twenty -seventh --To make all such Ordinances as to them shall seem necessary to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort and con- venience of said city and the inhabitants thereof. Section 8. The Ordinances passed by the City Council shall take effect from and after the date of their publication in such newspaper of the City of Dubuque as the Council shall designate, the date of which publication shall be noted by the Recorder in his record of the Ordinances, and such record shall be evidence of the time and fact of such publication; Provided, That the City Council may authorize the revision and publication of the Ordinances in book or pamphlet form, in which case such revised Or- dinances shall take effect from and after the date of such publication; and such book or pamphlet shall contain the resolution of the City Council au- thorizing its publication, and a certificate of the City Recorder that the Ordinances and Resolutions therein contained are correct copies from the rec- ords in his office, and shall then be received.with- out further proof, as presumptive evidence of such Ordinances and Resolutions; And, provided, further, That the City Council may provide for the taking ef- fect of any Ordinance not before a day certain therein specified. All Ordinances passed by the City Council shall be signed by the Mayor and at- tested by the Recorder, and shall be recorded in books kept for that purpose. Section 9. All orders of the City Council for the payment of money shall be signed by the Mayor and attested by the Recorder and countersigned by the City Auditor. Section 10. All fines and forfeitures collected for violations of City Ordinances shall be paid into the Treasury and the Mayor shall see that the same is done without unnecessary delay. Section 11. The Mayor is the executive officer of the city, and it is his duty to be vigilant and ac- tive at all times in causing the Ordinances and reg- ulations of the city to be put in force and duly ex- ecuted, and shall take care that all officers under the city government comply with the law and Ordi- nances and Resolutions of the Council; he is ex - officio president of the City Council, but shall have no vote therein except a casting vote when there is a tie. The City Council shall elect a Mayor pro tempore, who, in case of the absence or inability 245 of the Mayor, shall discharge all the duties and possess all the powers that belong to the Mayor. Section 12. The Recorder shall be Secretary of the City Council and shall keep a full record of the proceedings; he shall have the custody of all the records, books and papers of the city, and of the city seal, and shall discharge such other duties as may be devolved upon him by law or Ordinance, and shall keep his office at such place as the City Council shall provide and designate. Section 13. The City Auditor shall keep, in proper books provided for that purpose, a full and fair exhibit of the finances of the city, its revenues, expenditures, indebtedness and credits. He shall countersign all orders on the treasury drawn for money appropriated by the City Council, when signed by the Mayor and attested by the Recorder, and shall perform such other duties as the Council may by Ordinance or Resolution require. Section 14. It shall be the duty of the City Mar- shal to attend the meetings of the City Council,,to execute its orders, to arrest and bring before the proper court, with or without warrant, all whom he shall find in the actual violation of any Ordinance, and to perform such other duties as may be de- volved upon him by law or Ordinance. The City Council may by Ordinance authorize the Marshal to appoint deputy marshals. Section 15. It shall be the duty of the City Treasurer to take charge of and keep the funds and moneys of the city; he shall keep the same in separate funds, to be denominated the "general fund" and the "road fund," and shall pay out money only upon orders from the City Council, signed by the Mayor and attested by the Recorder, and countersigned by the Auditor, which orders shall specify the fund drawn upon. He shall keep an ac- count ccount with each fund, and shall from time to time report his receipts and expenditures, as required by the City Council. Section 16. It shall be the duty of the City At- torney to appear for the city in the city court and all other courts; to take charge of the legal business of the city; to give his written opinion whenever called upon by the City Council; to give legal advice to all officers of the city, and to perform such other duties as may be devolved upon him by law or Ordi- nance. Section 17. The City of Dubuque is authorized to borrow money upon the credit of the city, and to, - issue the bonds of the city; Provided, That the prop- osition to borrow money shall first pass the City Council, and shall then, under proclamation by the Mayor, be submitted to the vote of the people, which proclamation shall state the amount of money to be borrowed, and the purpose for which the money is to be borrowed; and in case the prop- osition is adopted by a vote of two-thirds of the qualified electors of said city, the City Council may at any time thereafter, within the space of one year, authorize the borrowing of the money, and the issu- ing of the bonds. Section 18. The City of Dubuque is constituted a special road district, and the care and supervision of the highways in said city is devolved upon the City Council, and the City Council is authorized, in addition to the taxes otherwise authorized, to levy a special road tax, which shall not exceed the limits fixed by law of the road tax to be assessed by the 246 County Board of Supervisors. No county or town- ship officer having the care or supervision of roads, is required to expend labor upon the high- ways in the City of Dubuque, but the duties and responsibilities imposed by law upon such officers shall, as to the streets and highways in said city, devolve upon the City Council. Section 19. The City Council shall have power to open, widen or extend any street or alley in said city, and under such regulations as may by Ordi- nance be prescribed, may cause a jury to be sum- moned, who shall apportion and assess the damages and benefits which any person may sustain by rea- son thereof, upon the lots or lands adjoining, or in the immediate vicinity, which may be benefitted thereby; and such apportionment and assessment shall be returned to the City Council, and shall be collected and paid into the city treasury. Notice must be given to all persons whose property is ap- propriated, in writing or by publication, or they will not be bound by the proceedings. The damages assessed to any persons constitute a valid claim on the part of such person against the city, and may be sued for and collected as any other claim. The date at which any property shall be considered as ap- propriated, shall be at the time of the passage of a resolution by the City Council, ordering the laying out and establishment of the .street, and the jury shall be summoned to assess the damages at least within one month thereafter, and their apportion- ment shall not be subject to be quashed by the City Council, but may be returned to the same jury for the correction of any irregularities or informalities. Section 20. The Marshal shall notify the owners of all lots and grounds against which any sum shall be apportioned, to pay the same within thirty days. In cases where neither such owners nor any agents shall be residents of the City of Dubuque, or are unknown, notice may be given by publication in any newspaper in said city for two weeks. If default of payment shall be made, the Recorder shall deliver to the collector of taxes for the city a statement of the same, and he shall proceed to collect the same by sale of the property as may be prescribed by Ordinance. Section 21. The city may levy a special tax on any lot or lots, or the owners thereof, on any alley, street or highway, or any part thereof, for the pur- pose of grading, paving or macadamizing the same, or for the purpose of grading, paving or curbing the sidewalks, and may collect the same under such regulations as may be prescribed by Ordinance. Section 22, The city may appropriate lands for the purpose of using the same for jails, work- houses, markets and other public buildings, and to provide for supplying the city with water by con- structing aqueducts, reservoirs, and other con- veniences, and compensation therefor to be ascer- tained as provided by law. Section 23. No addition to the City of Dubuque shall be lawful unless it is first submitted to the City Council for their approval, who shall have ex- clusive authority to provide for and regulate the width of streets and alleys in such addition; and )when the same shall be so approved of, it shall be admitted to record on the records of the city, and shall thereafter become a lawful addition thereto; Provided, That the owner or owners of the land in- cluded in said addition shall furnish, for the use of the city, a correct map of the same for public ref- erence; and the provisions of the statutes of Iowa shall also be complied with in all such cases, so far as the same are applicable and not inconsist- ent with this act. Section 24. Actions for the violation of city Ordinances shall be brought in the name of the State of Iowa, for the use of the City of Dubuque. The proceedings shall be by information sworn to, which shall be filed with any justice of the peace having his office within said city, whereupon said justice of the peace shall issue a warrant for the apprehension of the accused. But the City Council may by Ordinance provide that certain designated officers may arrest any person actually found violating any Ordinance, and commit them for trial without warrant; the trial shall be in a summary manner, and without the intervention of a jury, un- less demanded by the defendant. Section 25. The City of Dubuque shall be and hereby is invested as the lawful owner and propri- etor, with all the real, personal and mixed estates, and all the rights and privileges thereof, together with all the property, funds and revenues, and all the moneys, debts, accounts and demands due and owing, or in any wise belonging to the City of Du- buque, under any previous act of incorporation, and all rights, interests, claims and demands against or in favor of said city, may be continued, prosecuted, defended and collected in the same manner as though this act had never been passed. Section 26. The City Council shall provide by Ordinance for the mode in which charges may be preferred against any officer under the city govern- ment, and for the hearing of the same, and they may remove any city officer from office, as pro- vided in the next Section. Section 27. Any member of the City Council may be expelled or removed from office by a vote of two-thirds of all the aldermen elected; but not a second time for the same offence; and any officer under the city government, appointed by the City Council, may be removed from office by a vote of a majority of all the aldermen elected; but it shall require a vote of two-thirds of all the aldermen elected to said Council to remove any officer elect- ed by the voters of the city, or of any ward or dis- trict. Section 28. The City Council are authorized to levy in each year a special tax, to pay the interest on such loans as are authorized by the Seventeenth Section of this act. Section 29. The Aldermen of the City of Du- buque and all other officers now elected, shall hold and exercise their offices for and during the term for which they are chosen. Section 30. All acts and parts of acts hereto- fore passed relative to the incorporation of said City of Dubuque shall be, and the same are hereby repealed, as far as the same come within the pur- view of this act. All Ordinances passed under prior acts of incorporation of said city, and here- tofore in force, not inconsistent with the provisions of this act, shall continue in force until altered or repealed, and shall be deemed in compliance with the requirements of this act as far as applicable. Section 31. This act shall be taken and viewed in all courts as a public act. Section 32. This act shall be submitted for the approval of the electors of the City of Dubuque at an election to be held on the first Monday in March, A. D. 1857; but prior to said election the whole act shall be published in the Northwest, the Tribune, the Express and Herald, the National Demokrat, the Republican and Staats Zeitung newspapers, at the expense of said city. The tick- ets which shall be polled at such election shall contain either the words, "For the Amended Charter," or "Against the Amended Charter." And if a majority of all the legal votes at such election shall be in favor of the amended charter, then this act shall be in force from and after its publication in the Northwest and Express and Herald newspapers, without expense to the State. If a majority of such electors shall vote against the amended charter, then this act shall not be in force after the next session of the G'eneral Assem- bly of the State of Iowa. Approved January 28, 1857. I hereby certify that the foregoing was published in the Northwest, February 24, 1857. ELIJAH SELLS, Secretary of State. 247 TABLE OF SPECIAL ORDINANCES ADOPTED SINCE JAN. 1, 1920 (Volume and Page Refer to Record of City Council Proceedings for the Year Indicated) Subject Granting to Morrison Bros. the use of certain streets and alleys during the time that said com- pany maintain and operate their plant in its present location Granting to Pier Bros. the use of the alley in Block 15 Dubuque harbor Imp. Co. addition To provide for the issuance of $ 15000 voting voting machine bonds of the City of Dubuque Establishing the City into one sanitary district and providing for a tax Providing for the issuance of water works bonds Providing for the issuance of bonds by the sale of which to raise money to pay for the construction and building of sewers, prescribing the form of bond to be issued and providing the method of re- deeming such bonds at maturity Vacating the west 50 feet of May place Street railway franchise Electric Franchise Key City Gas Franchise Vacating part of Beach, Sumner and Glen Oak Streets Repealing Ord. granting to Dubuque Sioux City RR Co. the right to lay a switch and sidetrack on Jack- son st. Repealing certain ordinances granting permission to Illinois Central RR Co. to lay certain tracks Providing for issuance of $ 100,000 sewer bonds Authorizing issuance of water works bonds Granting Federal Building Co. right to build pri- vate sewer in Ninth st. Granting Dubuque Electric Co. right to abandon certain street railway operations Requiring Dubuque Electric Co. to operate certain street railway lines Requiring Dubuque Electric Co. to operate certain street railway lines Providing for the issuance of $ 20000 sewer bonds Requiring Dubuque Electric Co. to operate certain street railway lines Granting Carr Ryder and Adams right to build an arch over the alley between Washington and Jack- son and 10th and 11th sts. Granting CB &Q right to extend switch or spur track over and across Sixth street and prescribing rules for its use Granting the Interstate Power Co. the right to con- struct a transmission tower on Emerson street and to cross certain streets with electric trans- mission lines Regulating the use of Track No. 3 constructed and operated by the Illinois Central RR and located on Jackson st. from Sixth st. to 11th st. 248 Date Adopted 2/28/20 4/12/20 8/23/20 9/7/20 8/1/21 8/12/21 12/20/21 2/ 14/ 22 2/ 14/ 22 None 2/24/22 None 9/ 20/22 None 10/10/22 None 10/ 10/ 22 None 12/7/22 No. 132 3/29/23 No. 135 5/28/23 None 4/9/23 None 8/27/23 None 10/9/23 None 12/10/23 No. 141 12/27/23 None 3/10/24 None 9/25/24 None 5/19/25 None 10/5/25 168 Ordinance Number None None No. 95 No. 96 No. 103 No. 105 No. 111 None Volume and Page 20/78 20/ 141 20/ 334 20/ 574 21/ 188 21/199 21/361 39/22 22/42 22/50 22/ 467 22/ 524 22/ 525 22/621 23/ 163 23/ 368 23/477 23/593 23/705 23/819 23/ 850 24/ 101 24/570 25/ 189 25/ 627 Subject Ordering Dubuque Electric Co. to construct a high tension line Granting C. B and Q right to extend spur track Granting Dubuque Stone Products right to erect and maintain a viaduct over Rhomberg Ave. Granting Sisters of St. Francis right to construct a sewer in Windsor Ave. Granting International Harvester right to construct ramp in Charter st. Granting Int. Power right to abandon st. ry. Granting the right to the U.S. to lay a storm sewer in the alley first west of Locust street Granting the C.M.&StP the right to construct a sidetrack Granting CM&StP right to construct an industry track on Sycamore st. Granting Dubuque Packing Co. right to construct a loading platform on the west side of Sycamore st. Amending 11-34 Granting Interstate Power easements over certain lands Granting A.Y. McDonald Co. permission to con- struct a car loading platform Granting Klauer Mfg. Co. right to construct a can- opy Granting to Joseph Jurxgels right to construct a canopy Granting Maizewood Co. right to construct a load- ing platform Granting Dubuque Packing Co. right to construct an unloading platform Granting William J. Canfield right to construct a canopy Granting J. F. Stampfer Co. right to construct a loading platform Granting Frank C. Luther right to construct a canopy Granting Clem McGuire right to construct an un- loading platform Granting to Geo. Burden et al right to construct a canopy Granting Homer V. Butt right to construct platform in the street Granting to Viola Rider Burden et al right to con- struct an unloading platform Granting the City Market right to construct an un- loading platform Granting Trausch Baking Co. right to build an un- derground hopper and coal storage bin Granting Trausch Baking Co. right to construct an underground gasoline storage tank Granting C. B. Trewin right to construct porch steps in the alley Granting Katherine Bradley et al right to construct an unloading platform Date Ordinance Volume and Adopted Number Page 1/11/26 None 26/19 6/28/26 None 26/208 7/27/26 None 26/245 9/27/26 None 26/ 342 3/ 19/ 28 None 28/ 34 8/6/28 None 28/237 5/ 9/ 32 4-32 32/111 5/9/32 5-32 32/111 10/1/34 11-34 34/280 10/8/34 13-34 34/289 11/12/34 16-34 34/ 320 1/21/35 1-35 35/ 18 3/19/37 3-37 37/82 6/7/37 8-37 37/ 153 12/6/37 11-37 37/287 12/6/37 12-37 37/287 12/ 30/ 37 17-37 37/299 12/20/ 37 18-37 37/ 300 2/7/ 38 1-38 38/ 14 3/19/38 4-38 38/50 3/19/ 38 5-38 38/50 4/29/38 6-38 38/72 5/ 20/ 38 9-38 38/ 106 6/ 30/ 38 13-38 38/ 126 7/ 12/ 38 15-38 38/ 145 7/ 12/ 38 16-38 38/ 146 7/12/38 17-38 38/ 147 8/18/38 20-38 38/ 187 8/18/38 21-38 38/ 188 "249 Subject Granting to Spahn Rose Lumber Co. right to main- tain certain areaways above the sidewalk level Granting J. F. Stampfer right to construct loading platform and enclosed entry in alley Granting Frank R. Lacy et al right to construct a canopy Granting Grand Opera House right to construct a canopy Granting E. E. Frith right to construct a 10 inch sewer Granting Kretschmer Treadway right to construct an unloading platform Granting to Fischer Ice Co. right to construct an industry track Amending 9-39 Amending Ord. 30-38 Granting J. F. Stampfer right to construct a truss Granting E. P. Kretz right to maintain a canopy Granting Interstate Power Co. right to maintain a truss Granting Interstate Power Co. right to maintain a truss Granting Marion J. Ryder et al right to maintain an areaway Granting Louis Rotman right to construct a load- ing platform Granting to Chicago, Milwaukee, St. Paul and Pacific Railroad Co. right to construct a spur track Granting Chicago Great Western Railroad Company right to construct an industry track Granting to Dubuque Packing Co. right to construct a loading platform Granting Interstate Power Co. right to maintain a truss'. Granting to Klauer•Mfg. Co. right to construct a loading platform Granting Trausch Baking Co. right to construct a gasoline storage tank under the sidewalk Granting Klauer Mfg. Co. right to install a pneu- matic tube system on 9th st. Granting C. M. St.P and P. RR Co. right to con- struct an industry track Granting C. M. St.P and P. RR right to construct industry track Granting Archdiocese of Dubuque et al right to con- struct a sanitary sewer in Dodge st. Granting Carr Adams and Collier right to lay cab- bies and pipe under the street Granting IC RR right to construct a side track Granting to Farley & Loetscher Mfg. Co. right to construct underground storage tanks Granting Dubuque Seed Co. right to construct a loading platform 250 Date Ordinance Volume and Adopted Number Page 9/ 6/ 38 24-38 38/206 12/5/38• 30-38 38/263 12/27/38 31-38 38/279 2/27/39 2-39 39/35 3/6/39 4-39 39/45 3/30/39 9-39 39/101 5/ 1/ 39 13-39 39/ 125 5/ 16/ 39 14-39 39/ 140 6/30/39 29-39 39/188 9/8/39 30-39 39/253 12/4/39 31-39 39/308 12/19/39 32-39 39/318 12/19/39 33-39 39/ 320 12/19/39 34-39 39/ 321 6/39/40 9-40 40/ 135 8/ 5/ 40 15-40 40/169 8/ 5/ 40 8/ 5/ 40 9/ 3/ 40 9/ 13/ 40 2/21/41 6/10/41 9/22/41 10/ 13/41 10/20/41 10/20/41 1/27/42 2/ 17/ 42 8/ 3/ 42 17-40 40/173 14-40 40/184 19-40 40/197 20-40 40-205 4-41 21/35 15-41 41/143 25-41 41/230 29-41 41/255 30-41 41/258 31-41 41/259 4-42 42/15 7-42 42/29 20-42 42/160 Subject Granting Eagles Bldg. Assn. right to construct a loading platform Granting ICRR right to construct and maintain certain tracks and sidings Granting to CMStP & P RR right to construct a spur track Granting CMStP&P RR right to construct industry track Granting Ill. Cent. RR right to construct a side track Granting Iowa Improvement C. right to construct a sanitary sewer Granting ICRR right to construct a side track Granting CGW Ry right to construct a side track Amending 29-46 Granting CMStP&P RR right to construct an in- dustry track Granting St. Mary's Orphans Home right to con- struct a sanitary sewer Granting Sisters of St. Francis right to construct a sanitary sewer Creating Bradley St. sewer district Granting Farley & Loetscher Mfg. Co. right to construct a bridge Granting Farley and Loetscher Mfg. Co. right to construct a side track Granting St. Clara College right to construct a sewer Granting Farley & Loetscher Mfg. Co. right to construct underground storage tanks Authorizing Dubuque Packing Co. to erect a bridge Creating Cherry -Green St. sewer district Granting Fay Miller right to construct a sewer Granting Max Blum right to construct a sewer Granting Ralph Mueller right to construct a sani- tary sewer Vacating alley from Theisen St. to St. Joseph St. Vacating part of alley between Main and Iowa St. Simpson Coates St. sewer Dist. Vacating part of an alley between Theisen and St. Joseph St. Granting H. R. Kluck right to construct a sanitary sewer Vacating alley between Washington and Elm Granting Crescent Electric right to construct sanitary sewer Vacating Alumini St. and others Authorizing issue of $ 2,000,000 sewer bonds Determining necessity for overpass on east 14th St. Vacating Streets Granting to W. Heitzman and heirs right to con- struct a sanitary sewer Date Ordinance Volume and Adopted Number Page 10/5/42 23-42 42/201 1/22/43 2-43 43/5 4/ 14/44 3-44 44/ 63 4/21/44 5-44 44/69 10/1/45 9-45 45/ 180 7/ 1/46 29-46 26/199 7/1/46 • 30-46 46/200 10/28/46 35-46 46/327 1/15/47 1-47 47/11 6/20/47 18-47 47/ 141 3/1/48 6-48 48/58 11/29/48 21-48 48/ 492 11/29/48 23-48 48/494 12/14/48 25-48 48/512 12/ 14/48 26-48 48/513 2/7/49 2-49 49/26 3/ 7/ 49 6-49 49/97 5/2/49 15-49 49/ 180 5/16/49 16-49 49/200 9/16/49 35-49 49/ 534 10/3/49 36-49 49/ 542 10/24/49 38-49 49/584 • 3/17/50 5-50 50/ 103 4/ 10/ 50 6-50 50/ 172 4/17/50 10-50 50/ 185 5/1/ 50 13-50 50/216 6/29/50. 17-50 50/314 11/22/50 46-50 50/601 12/15/50 49-50 50/ 674 1/22/51 3-51 * 2/5/51 5-51 3/5/51 6-51 2/16/51 7-51 3/15/51 20-51 # 251 Subject Authorizing issue of $ 30000 Dock Bonds Granting Ill. Cent. RR right to change location of side track Authorizing $ 210,000 sewer Bonds Amending 25-51 Vacating Charter Street Date Adopted 6/4/51 6/15/51 6/22/51 7/2/51 7/16/51 * 1951 Council proceedings not published at time of compiling this table. 252 Ordinance Number 25-51 27-51 28-51 29-51 31-51 Volume- and Page INDEX TO BUILDING CODE (The Following Building Code Index Refers To Sections) A Aggregate Coarse, Quality and Test, 36 Fine, Quality and Test, 37 Alterations - Frame Buildings, 532 to 536 incl. Beams, Rafters and Sills, 533 Change of Use Forbidden, 535 Change in Use as Store, 536 Extensions or Additions in Fire Limits For- bidden, '534 Height Limited, 532 General Provisions Examination of Buildings Before Permit is Issued, 531 Other Than Frame Construction, 537-538 Incombustible Root: Covering in Fire Limits, 538 Incombustible Walls in Fire Limits, 537 Ample Air and Light Rec;uired, 361 Anchors Fireproof Construction, 526 Frame Construction, 448 Application of Code to Buildings, 84 Appointment of Building Commissioner, 9 Ashlar, 157 Assembly Halls Exits, 675 Seats, 676 Stage and Scenery, 677 Awnings Existing, 402 Height of, 401 B Backfilling, 115 Beams and Girders, Special Type of Construction Bending Moments, 248-249-250 Distribution of Loads, 251 Footings, 254 Loads, 253 Maximum Moments, 252 Size of Columns, 255 Stresses, 247 Bearing Capacity of Soils, 61 Load Not to Exceed, 104 Bearing for Soil, Suitable, 98 Bearing Party or Fire Walls, 126 Blasting, 99 Blocks, Concrete Inspection, 40 Rejection, 41 Bolts, 211-212-213 Boilers, 333 Bonding, 120 Bond of Contractors, 30 Bond for Heating Contractors, 31 Brick, 43-45 Face, 121 Hollow, Test of, 70 Buildings Affected by Ordinance, 5 Building Commissioner Appointment, 9 Authority of, 11 Office Created, 7 Orders and Rulings of, 14 to 19 incl. Qualifications, 8 Salary and Bond, 10 C Canopy, 403 Carbide Storage of, 687 Carbon Dioxide Tests, General, 358 Exceptions to, 359 Existing Buildings, 357 New Buildings, 356 Carpenter Work Frame Construction, 435 to 461 incl. Mill Construction, 495 to 500 incl. Ordinary Construction, 474 to. 483 incl. Cast Iron, 51 Caving In, Of Adjoining Property, 96 Cement Quality of, 34 Tile Test of, 71 Chimney Construction, 180 to 192 incl. Area of Flue and Lining, 182 Chimneys on Lean-tos, 187 Corbeling and Framing, 183 Exterior Metal Sacks, 186 Fluehole Covers, 189 Flues for High Pressure Systems, 184 Height Above Roof, 180 Height of Chimney or Blast Furnaces, 188 Interior Metal Sacks, 185 Materials, 180 Multiple Flues, 181 Classification of Buildings By Construction, 75 to 78 incl. Fireproof, 78 Frame, 76 Non -fireproof, 77 By Occupancy, 79 to 83 incl. Business Building, 82 Public Building, 80 Residence Building, 81 Coal Holes and Covers, 406 Columns Conduit, 259 Footings, 229 Rolled Steel, 194 Spiral or Hooped, 257 Structural Steel, 260 Code, 772 to 776 Violation, Conflication and Effects, 772 Code Effective, 776 Conflicting Ordinance, 775 Expiration of Bonds, 773 Legality, 774 Concrete - Care of, 112 Cement Finish, 238 Form Work, 234 Time and Method of Removal, 235-236 In Hot Weather, 232 Joints, 237 Mixture, Ill Machine, 226 Placing, 227 Prevention of Rapid Drying, 233 Quality Of and Test of, 33 Reinforced, 214 Retempering Prohibited, 228 Stresses, 224 Shearing, 224 Tensile, 224 253 Conflicting Ordinances Repealed, 4 Connections at Supports, Floors, etc., 258 Construction Fireproof, 501 to 530 incl. Frame, 415 to 461 incl. Methods, 119 Mill, 484 to 500 incl. Ordinary, 462 to 483 incl. Contractor's Bond for Blasting, 30 Co-operation of Police and Fire, 25 Cornices and Gutters, 284 to 286 incl. In Fire Limits, 284 Outside Fire Limits, 285 Unsafe, 286 Covering Over Sidewalks During Construction of Building, 90 D Dead and Live Loads, 56 Definitions, 6 Distance of Buildings from Lot Lines, 410 Doors, Exits, Means of Egress, 315 to 321 incl. Double Fire Doors Required, 174 Drawings, 21 Approval or Rejection, 22 Dry Cleaning Establishments, 697 to 719 incl. Amount of Volatile Substance Allowed, 717 Certificate of Approval, 698 Construction of Building, 699 Doors, 706 Floors and Roof Fireproof, 702 Height of Floor Above Ground, 703 Stairways, 705 Walls, Height and Thickness, 701 Windows, 707 Fire Prevention Appliance, 712 to 719 incl. Steam Boiler, 712 Steam Pipe Line, 713 Water Tank, 715 Location of Boiler Room, 708 Location of Electric Motor, 709 Location of Exhaust Fan, 711 Inspections, 719 Vent in Dry Room, 718 Vents in Floor, 710 E Electric Signs, 759 to 762 incl. Elevators, 555 to 575 incl. Automatic Slack Cable Stop and Brake, 561 Bumpers, 573 Cables, 565 How Constructed, 565 Number, 569 Size, 566 Carrying Capacity Shown, 556 Clearance Above and Below Cars, 567 Construction of Cage, 571 Double Sets of Guide, 568 Electric Brake, 563 Enclosure Freight, 558 Enclosure Passenger, 558 Factor of Safety, 574 Grain, 696 Lighted, 572 Location at Night, 739 Passenger Enclosure Doors, 557 Permit, 555 Power of Inspector, 575 Safety Device for Cable Hoisting, 564 Safety Operating Stops, 561 Sheaves and Drums, 570 254 Terminal Stops, 562 Enclosure for Stairway and Elevator Shafts in Mill Construction, 487 Enclosure Walls, 158 to 170 incl. For Shafts, 159 For Vertical Openings, 158 Excavations, 94 to 101 incl. Exits, Doors, Means of Egress, 315 to 321 incl. Number of Doorways, 318 Number of Exits Required, 315 Signs for Exits and Elevators, 321 Specifications, 316 Exposure to Drafts, Fumes, Etc., 362 F Factors of Safety, 57 Fees, 28 Fences, 88 and 416 Fire Door Required, 345 Fire Escapes, 372 to 400 incl. Anchorage of, 381 Construction of, 378 Distance from Stairway, 375 Double Fire Escapes, 385 Duties of Inspector, 386 Appeals from Rulings of, 389 Commissioner of Labor, 390 Notice Served, 388 Hotels, 391 Hallway in, 392b Runways to, 392a Kinds, 383 Ladder Escapes, 394 to 400 Construction of, 394 Location of, 374 Materials and Arrangement, 379 Number Required, 373 Governed by Capacity, 377 Openings to, 380 Path to Must be 20 Feet from Stairway, 376 Schools, 400 Signs for, 382 Violations, 393 Fire Limits, 770 to 771 Fire Hydrants, 89 Fireplaces Framing Around, 190 Hearth and Trimmer Arch, 191 Miscellaneous Provisions, 192 Fire Prevention, 720 to 741 incl. Ashes, 721 Dangerous Chimneys, 741 Fire Extinguishers, 722 Number and Size, 722B Recharging, 722C Gas Shut-off, 723 Lights in Halls, 72.9 Pipe in Windows, 726 Rubbish, 720 and 728 Shaving Vaults, 727 Standpipes, 730 to 738 incl. Location of, 732 Inspection, 738 Number, 736 Size, 735 Specifications, 733 Where Required, 730 Testing, 737 Fireproof Construction, 501 to 530 incl. Detailed Specifications, 501 to 530 incl. Anchoring of Tile Protection, 525 Arches, Design of, 511 Concrete, 513 Flat, 510 Terra Cotta, 509 Construction of Fire Proofing, 519 Fireproofing, Method of Anchoring, 526 Fireproofing, Metal Fronts, 527 Floor Area, 501 Floor and Roof Construction, Materials, 508 Hallways, 507 Miscellaneous Structural Members, Fire- proofing, 516 Mortar, Thickness of, 517 and 518 Partitions, Thickness of, 502 Incombustible, 503 Independent Support for, 504 Pipes Not To Be Embedded, 528 Protection Against Dampness, 521 Protection of Steel or Iron Columns, 522 Protection of Wall Girders, 515 Protection of Wall Members, 514 Studding or Furring, 530 Support of Ceilings, 529 Support To Be Fireproof, 505 Thickness of Protection of Column Covers, 524 Wire Wrapping, 520 Working Load, 512 Fireproof Heater Rooms, 344 Flat Slab Construction's 271 and 272 Girderless Flbors, 271 Columns for, 272 Floor and Roof Loads, 64 and 65 Footing and Piers, 102 to 109 Material and Design, 102 and 103 Size of, 105 Forms, 113 Foundations Hollow Tile, 42 Size of, 110 Frame Construction, 415 to 461 incl. Carpenter Work, 435 to 461 incl. Anchors, 448 Bearing Plates, 437 Bracing Wall, 449 Bridging, 446 Door Framing, 455 Fire Stops, 450 Fire Walls, 436 Framing Around Chimney, 458 Interior Bearing Partitions, 452 Interior Studding, 451 Interior Nonbearing Partitions, 453 Joists, End Cut on Bevel, 439 Ceiling, 440 Double, 438 Plumbing and Heating, 454 Posts and Girders Substituted for Brick, 435 Roof Covering, 461 Roof Rafters, 442 Roof Sheathing, 460 Size of Studs, 445 Stirrups, 447 Trimmer and Headers, 459 Truss Opening, 456 Valley Rafters, 457 Detailed Specifications, 428 to 430 incl. Footings for, 428 Frost Line, 429 Foundation Walls, Thickness of, 431 General Provisions, 415 and 416 Alterations in Fire Limits, 415 Fences, 416 Inside Fire Limits, 417 Icehouses, 417d Outhouses, 417c Roof Covering, 417 Sheds, 417 One Story, 417b Temporary, 417a Outside Fire Limits, 423 to 428 incl. Area of Building, 424 Distance from Adjoining Property and Frame Buildings, 425 Height of, 423 Percentage of lot covered, 426 Freezing Weather, 114 and 231 Furnaces, 333 G Galvanized Iron Work, 287 to 289 incl. Garages, 678 to 685 incl. Charging Apparatus, 681 Class of Construction, 679 Definition, 678 Fire Extinguishers, 684 No Smoking, 682 Sand Required on Floor, 683 Waste Cans, Metal, 685 Girder Construction, 246 to 270 incl. Grain Elevators, Construction of, 696 Grillage Beams, 107 Gutters, 284 to 286 incl. H Headers in Stone Wall, 153 Heating, 322 to 345 incl. Allowance for Expansion and Construction, 328 Annealing Ovens, 338 Bake Ovens, 337 Boilers and Furnaces, 333 Existing Buildings, 325 Fireproof Heater Rooms, 344 Gas Heaters, 336 Gas Smoke Pipes, 343 High Temperature Apparatus, 331 Hot Air Pipes, 326 Low Temperature Apparatus, 332 New Buildings, 324 Permit and Fee, 322 Registers, 327 Smoke Pipes, 339 Concealing in Wood Partition, 340 Run Above Roof, 342 Stoves and Ranges, 334 Heating Plant, Theatres, 639-640 Location of, 639 Register Coil and Radiators, 640 Hollow Block, Strength of, 142 Exterior Protection, 143 Shells and Cups to Match, 144 Used as lintels, 145 Hollow Tile Foundation, Quality of, 42 Test of, 67 Hollow Tile Superstructure, test of, 68 Concentrated Loads, 69 I" Ice Houses, Construction of, 695 Inaccessable work, 205 Inspection of Buildings, 12-13 Miscellaneous Inspection, 13 Semi-final and final, 12 Intent and Purpose of Code, 2 Iron, Galv., 287 to 289 incl. 255 J -K L Lath, 297 to 300 incl. Metal, 297a Wood, 297b Where Required, 297c Lavatories, Public, 414 Lime, 48 Lintels and Arches, 151 Timber, 153 Loads, 220 Concentrated, 220 Dead, 220 Eccentric, 220 Live, 220 Reduction of live load, 220 Vibrating, 220 Load not to Exceed Soil Bearing, 104 Lumber, 688 to 692 incl. Storage of, 688 Construction of Lumber Shed, 689 Dimensions, 690 Driveways, 692 Piling of, 691 M Materials, 32 to 55 incl. Manufacturers Standards, 32 Quality and Test, 54 Mill Construction, 484 to 500 incl. Carpenter Work, 495. to 500 incl. Beams Enter Wall on Opposite Sides, 500 Columns, Protection of, 497 Girders, Timbers and Beams, 498 Size and Support of, 499 Detailed Specifications, 584 to 594 incl. Additional Protection' to Wall Openings, 490 Belts, Ropes to be in enclosed shaft, 489 Drainage on Shaft Bottoms, 493 Enclosure for Stairway and Elevator, 487 Fire Doors on Shafts, 491 Fire Party and Parapet Walls, 486 Floor Area, 485 Height of Building, 484 Interior Shaft Windows, 492 Partitions, 494 Walls above Roof, 488 Miscellaneous Provisions of Code, 84 to 86 incl. Miscellaneous Work on Buildings, 531 to 538 incl. Mixtures of Mortar, Cement and Lime, 44 Mortar Joints, 117-154 Mortar for Walls, 124 N Non -Bearing Wall, 127 Existing, Fire, 1.28 Interior, 130 Notice to Adjoining Property of Excavation, 95 Notice of Floor Load, 65 0 Occupancy, Certificate of, 323 Occupantion of Street in front of Abutting Prop- erty, 91 Occupying Streets, 87 Occupation of Street Terminated, 93 Open Areas, 405 Opening in Floors, 218 Ordinary Construction, 462 to 483.incl. Carpenter Work, 474 to 483 incl. 256 Bearing and Size of Timbers, 477 Bridging, 480 Girders, Thickness of, 475 Anchors for, 482 Not supported on stud partitions, 479 Headers, 476 Joists in fire walls, 474 Anchors for, 482 Separated from Masonry, 481 Timbers, Columns, Posts and Trusses, 478-483 Fire Resistive Partitions, 473 Floor Area, 463 Foundation Walls, 464 to 467 incl. Cement Mortar, 467 Concrete, 465 Hollow Block, 456 Rubblestone, 464 Height, 462 Superstructure, 468 to 473 incl. Bearing Walls, 468 Minimum thickness, 469 Dwelling House Class, 470 Thickness, 472 Warehouse Class, 471 Overhanging Signs, 758 P Painting Riveted Work, 203 Party Walls, 126 Permits, 23 Limit of, 26 Piers Substituted for Walls, 106 Piles, 108 Plans and Specifications, 20 Alterations and Additions, 27 Approval or Rejection of, 22 Plaster, 297 to 300 incl. Gypsum, 299 Now Done, 300 On Concrete, 298 Preliminary Work, 87 to 93 incl. Projection over Building Line, 94 Protection of Openings,in Walls, 171 to 175 incl. Double Fire Doors Required, 174 Fire and Party, 171 In Mill Construction, 490 Unprotected Windows, 175 Protection of Metal Structural members in non - fireproof construction, 206 Protection of Steel Against Dampness, 204 R Reconstruction and Alteration of Buildings, 531 to 538 incl. Reinforced Concrete, 214 to 233 incl. Computations, 216 General Assumptions, 221 Loads, 220 Modulus of Elasticity, 222 Span, 219 Reinforced Steel, 239 to 364 inch Bending of Rods, 241 Distance from Surface, 240 Lapping and Bonding, 244 Placing of, 243 Sizes Maximum and Minimum, 245 Stresses, 239 Reinforcement, Requirement for, 273 to 276 incl. Defects, 273 Placing and Spacing, 274 Protection, 275 Quality, 38 Spices, 276 Remedial Ordinances., 3 • Removal of Buildings, 546 to 551 incl. Bond, 574 Frame Bldg. in city limits, 550 Frame Bldg. in fire limits, 549 Permit and Fee, 546 Permit to State Conditions, 548 Report to Building Commissioner and Fire Dept., 551 Riveting Columns, 207 Rivets, Driving and Pitch, 208 Holes and Heads, 209 Used in Certain Outside Work, 210 Roof Coverings, 277 to 282 incl. Flashings, 282 Frame, 277 Other Classes, 278 Tin Roof, 280 Wooden Shingles, Repair of, 279 Rubbish in Street, 92 Rubble Stone, 156 S Sand Shafts, 158 to 170 incl. Dumbwaiters, 168 Extending through roof in fireproof Bldg., 163 Extending through roof in non -fireproof Bldg., 169 Not Extending through roof in fireproof Bldg., 162 Fire Stops, 170 In Non -fireproof Bldg., 167 Machinery Compartment fireproof, 165 Materials and Thickness, 161 Openings Used as Exit, 172 Openings in all Enclosures, 173 Protection' of Steel, 164 Stairway and Elevator same shaft, 166 Sidewalks Concrete, 407 to 409 incl. Cellar Door in, 408 Walls under, 409 Signs, 752 to 758 incl. Bond Required, 755 Inspection and Acceptance, 756 Overhanging Public Property, 758 Permit Required for Permanent Sign, 752 Electric Signs, 759 to 762 incl. Alterations, 762 Definition, 759 Location, 761 Material, 760 Signboards, 763 to 769 incl. Anchorage, 768 Definition, 763 Dimension, 765 Location, 764 Material, 766 Specification, 769 Unsafe, 767 Skeleton Construction, 131 Skylight, 290 to 296 incl. Protection of, 296 Slab Reinforcement, 297 Minimum depth, 268 Shrinkage rods, 270 Top Reinforcing, 269 Special Structures, 576 to 719 incl. Specifications, 20 For Fire Escapes, 394 to 400 incl. Stairway, 301 to 314 incl. Enclosure of Basement, 306 Handrail, 302 Landing, 303 Location, 305 Material, 301 Outside Prohibited, 401 Specifications, 307 ' Hotels and Hospitals, 310 Fireproof Construction, 308g Mill Construction, 308f Ordinary Construction, 308e Public Halls, Churches, Lodge Halls, 311 Schools, 313 Stores, Factories and Office Bldg., 308 Tenement and Apartment Houses, 309 Theatres, 312 Stairs and Ladders to Scuttles, 314 Steel Castings, 52 Steel and Iron, 52 Filling Plates, 199 Girders and Beams, 201 Pitch of Rivets, 197 Splice and Compression Joints, 198 Stresses, 195 Thickness in Rolled Steel, 194 Thickness in Built up Columns, 196 Used in Compression, 263 Steel Reinforcing, 239 to 245 incl. Stirrups, 265 Stone, 47 Storage of Inflamable Liquids, 742 to 751 incl. Application for Permit to Establish Storage Plant, Fee, 745 Connections, 751 Construction, 750 Installation of Tanks, -748 Location of Tanks, 749 Permit, 743 To Install Tank, Fee, 747 To What Applicable, 742 Volatile and Inflammable Liquids, Defined, 744 Strength of Materials, 56 to 65 incl. Structural Steel, 53 T Temperature, 118 Terra Cotta Blocks, Height, 146 Faced with brick bonded, 147 Tests, 54-55 Floor Panels, 223 Required for Materials, 66 to 74 incl. Method of Test, 72 Theatres, Existing and New, 576 to 640 inch Aisles and Exits, .594 Additional Exits for Over 1„000 Capacity, 596 Capacity of Lobbies, 598 Exits from Stage, 597 Passages, 599 Steps in Aisles in Gallery, 595 Auditorium, 600, 60 incl. Fire Doors and Windows, 602 Floor Levels, 600 Steps at Exits, 60 Curtain, 607 to 623 incl. Asbestos Smoke Roll, 610 Control of, 618 Decoration, 620 Drawings to be Approved, 621 Fireproof, 607 Guide Members, 612 Hoisting Apparatus, 615 257 Material, 608 No Combustible Supports, 614 Operating Mechanism, 617 Overlap, 611 Points of Suspension, 616 Speed and Emergency Device, 619 Thickness of, 619 Thickness of, 609 Existing, 576 to 589 incl. Aisles and Seats, 578 Exits, 577 Sign for, 579 Definition of, 576 Lighting, 581 Red Light, 580 Smoking, 582 Gallery, 636 to 638 incl. Heating Plant, 639-640 Moving Picture Theatres, 641 Aisles, 646 Permit, 648 Seats, 647 Certificate of Inspection, 642 Definition, 641 Exits, Number, 644 Signs and Red Lights, 645 General Construction of Booth for Machine, 649 Arrangement, 652 Doors, 654 Lighting, 662 Location, 650 Size, 651 Ventilation, 660 Inspection, 643 Moving Picture Machine, 671 New Moving Picture Theatres, 672-673 Construction, 672 Exits, 673 Portable Booth, 667 to 670 incl. New Theatres, 590 to 640 incl. Approval, 591 Construction, 590 Fireproof Bldg. over Auditorium, 593 Frontage, 592 Proscenium Wall Opening, 603 to 606 incl. Opening in, 604 Thickness of, 603 Stage Section, 623 to 633 incl. Dressing Rooms, Workshop, Property Rooms, Location of, 630 - Fireproof Construction, 623 Fly Galleries, 632 Rigging Loft, 633 Shelving, 631 Overhang, 624 Ventilators, 625-626 Stairways, 634-635 Landings, 634 ' Treads and Risers, 635 Standpipes, 583 and 730 to 738 Inspection, 738 Location of, 732 Number, 736 Size of Pipe, 735 Specification, 733 Test, 737 Time Required to Install, 731 Where Needed, 730 Duties of Fire Dept., 585 Fire Equipment Approved by Chief, 586 Inspector May Enter, 588 Timber, 49 258 • In Walls, 123 Tin Work, 287 to 289 incl. Leaders, 287 Title Cited, 1 Toilets for Workmen, 97 Ventilation of, 363 U Unsafe Buildings, 539-545 Floor Loading, 541 Inspection of, 539 Legal Procedure, 544 Outside fire limits, 543 Report, 540 Wrecking by Fire Chief, 545 Reconstruction of Bldg. Damaged by Fire, 542 V Veneer Buildings, 411 Veneer Work, 122 Ventilation, 346 to 371 Air Ample, 361 Cellar air prohibited, 360 Fresh Supply of, 369 Basements, 350 Carbon Dioxide Tests, 356-357-358 Churches, 355 Department Stores, 349 Factories, 353 Fire Stops, 371 Gravity System of Exhaust Ventilation, '347 Hospitals, 354 Local Venting, 367 Mechanical System of Exhaust Ventilation, 346 Required Window Area, 368 Restaurant Kitchens, 352 Separate Vents Ducts and Exceptions, 370 Theatres, 348 Toilet rooms with outside windows, 365 Toilet rooms without outside windows, 366 Vibratory Loads, 58 W Walls, 126 to 140 incl. Brick Tile or Cement outside fire limits, 134 Chases in, 150 Curtain, 132 Existing, 129 Fireproof Construction, 502 Foundation, 431 to 433 incl. Furred, 148 Hollow, 149 Headers in Stone Walls, 153 Mill Construction, 486 Ordinary Construction, 464 to 473 incl. Parapet, 133 Spanned by Girders, 217 Superstructure, 434 Walls Superstructure Enclosing Walls, 116 Web Reinforcement, 264 Weight of Materials, 63 Wind Pressure, 59 Working Load, 66 Working Stresses, 73 Wrecking Buildings, 552-554 Method of Procedure, 553 Permit and Fee, 552 Rights to Stop, 554 Wrought Iron, 50 CITY LOT 101 102 103 104 105 106 107 108 109 110 111 112 129 130 131 132 133 134 135 136 137 138 139 140 578 579 579A 580 581 582 583 584 585 586 598 598A 608 609 610 612 613 614 653 654 655 670 672A 682 684 687 692 694 697 703 714 724 725 726 730 731 738 740 741 INDEX OF AMENDMENTS TO ZONING MAP ORDINANCE NO. PAGE 33-41 33-41 33-41 33-41 33-41 33-41 33-41 33-41 33-41 33-41 33-41 33-41 33-41 33-41 33-41 33-41 33-41 33-41 33-41 33-41 33-41 33-41 33-41 33-41 17-34 17-34 17-34 17-34 17-34 17-34 _ 17-34 14-42 14-42 21-50 2-40 23-51 23-51 15-37 15-37 15-37 15-37 15-37 15-37 17-34 4-46 4-46 11-46 11-46 11-46 11-46 4-46 15-37 2-40 23-51 2-40 23-51 4-46 11-46 22-41 2-40 23-51 23-51 2-40 2-40 2-40 11-35 4-46 10-41 11-46 227 227 227 227 227 227 227 227 227 227 227 227 227 227 227 227 227 227 227 227 227 227 227 227 222 222 222 222 222 222 222 228 228 236 226 238 238 224 224 224 224 224 224 222 229 229 231 231 231 231 229 224 226 238 226 238 229 231 227 226 238 238 226 226 226 222 229 226 231 CITY LOT 742 822 823 824 ORDINANCE NO. PAGE ]1-46 231 11-42 228 4-46 229 4-46 229 MINERAL LOT ORDINANCE NO. PAGE 3 11-50 235 4 11-50 235 5 11-50 235 10 11-50 23.5 12 28-38 224 37 17-47 233 29-47 234 2-51 237 39 29-47 234 50A 29-47 234 63 20-50 236 2-40 226 64 2-40 226 66 2-40 226 25-45 229 67 2-40 226 23-41 227 69 25-45 229 70 25-45 229 72 25-45 229 6-45 228 73 6-45 228 74 6-45 228 76 5-47 233 77 5-47 233 79 19-48 234 86 4-46 229 87 10-41 226 4-46 229 88 4-46 229 88 10-41 226 89 10-41 226 90 10-41 226 4-46 229 113A 5-37 224 172 1-40 225 174 4-46 229 314 5-37 224 322 5-46 230 363 5-37 224 367 18-40 226 667 11-46 231 732 6-45 228 SUBDIVISION ORDINANCE NO. PAGE Acorn Sub Agnes Langworthy Sub A.McDaniel's Sub A.P.Woods Add Arnolds Sub Bell's Sub Bonson's Sub Boulevard Add Brecht's Add Brewery Add A 19-48 25-45 12-35 10-41 8-35 35-39 19-48 B 35-41 17-34 5-46 11-35 14-41 28-46 234 229 222 222 222 225 234 227 222 230 222 226 232 259 SUBDIVISION ORDINANCE NO. PAGE Buetell's Sub Burden and Lang - worthy's Add Buetell and Lang- worthy Add Burch's 2nd Sub Cain's Sub C.A. Voelker's-Add Central Add C. Martin's Sub Collin's Sub C onnolly' s Sub Cook's Add Cooper Heights Cooper's Sub Cox's Add Cummin's Sub Davis Farm Add 6-36 223 11-46 231 42-4.6 233 C D 5-47 233 5-47 233 10-41 226 6-36 223 4-46 229 15-37 224 35-41 227 11-46 231 11-35 222 15-37 224 •2-40 226 6-36 223 11-46 231 10-41 226 14-41 226 5-46 230 D emming and Horr's Add 1-36 223 9-46 230 D.N. Cooley's Sub 11-46 231 Dorgan Place Sub 11-46 231 Dunn's Sub 14-41 226 E.E. Jones' Sub E. Langworthy's Add Ellen Blake's Sub Ellen Corkery's Add Elm Street Sub Fairview Sub Farley's Sub F.E. Bissel's Sub Finley's Add Finley's Home Add Fortune Sub Frank Fosselman's Sub G.B. Burch's Sub Giessler's Sub Gilliam's Sub Glendale Add No. 3 Grandview Park Add Great Western Sub No. 1 Grobe's Sub Grove Terrace Sub G.R. West's Add E 4=46 229 5-46 230 11-46 231 4-46 229 43-50 237 F 11-46 231 25-38 224 4-46 229 10-41 226 11-35 222 31-49 234 39-50 236 10-46 230 15-37 224 G 5-46 230 5-47 233 43-50 237 11-46 231 5-46 230 44-50 237 3-39 225 5-46 230 14-41 226 4-46 229 11-35 222 H Ham's Add 37-49 235 12-50 235 Heatherington's Sub 10-41 226 Heim Sub 34-49 235 260 SUBDIVISION ORDINANCE NO. PAGE Henion and Baird's Sub 11-46 231 High st. Sub 11-35 222 Hillcrest Sub 36-46 232 Hillcrest Sub No. 2 Hogdon's Sub 11-46 231 H.T. McNulty's Sub 4-46 229 Hughes Sub 1-46 229 I J Jackson School Sub 11-46 J.B. Porter's Add - 11-46 J.C. Scully's Sub 22-47 John King's 1st Add 14-41 John King's 2nd Add 14-41 J.P. Schroeder's Add 6-36 K Kemp's Sub 5-46 Keorh's Sub 35-41 Kiene and Altman's Sub 14-41 Kiene and Block- linger's Sub Kingman's Sub King's Grove Add Kniest's Sub Kringle's Sub Lenin's Add L.H. Langworthy's Add Liebe's Sub No. 1 Liebe's Sub No. 2 Linehan Park Add 15-37 12-35 14-41 11-35 43-50 11-46 L 4-46 14-46 1-50 11-35 11-36 5-46 11-46 43-50 5-46 5-46 5-46 40-46 Littleton and Sawyer's 'Add 11-46 Link's Sub 36-46 McCoy's Sub McDaniel's Park Hill McGrath's Sub McKinley's Sub M.A. McDaniel's Sub Maple Height's Add Maple Sub Martin's Dubuque Mattox Sub M. Bowan's Sub Mechanic's Add Mettel's Sub Minard's Sub M 9-46 1-42 13-46 11-46 17-34 12-35 4-46 15-42 1-40 19-48 15-37 11-46 6-36 19-50 10-46 231 231 233 226 226 223 230 227 226 224 222 226 222 237 231 229 232 235 222 223 230 231 237 230 230 230 233 231 232 230 228 232 231 222 222 229 228 225 234 224 231 223 236 230 SUBDIVISION ORDINANCE NO. PAGE Mobley's Dubuque Add 35-41 227 Morheiser's Sub 11-36 223 Morgan's Sub 11-46 231 Motor Sub 1-46 229 Mt. Pleasant Add 15-42 228 Newburgh's Sub New Jackson's Sub Newman, Cooper and Smyth's Sub O'Connor's Sub O.S. Langworthy's Sub Ostringer's Sub Oxford Height's Procter's Sub Prospect Hill Add Porter's Add Quigley's Sub of O.L. 709 Quigley's Sub of O:L. 712 Randall's Sub -Randall's Sub No. 2 Reche's Sub Reche's Sub No. 2 Reifsteck Sub Rheinfrank's Sub Riley's Sub N 4-46 229 11-36 223 2-40 226 0 17-47 233 2-51 237 5-46 230 43-50 237 19-48 234 P Q 9-46 230 15-37 224 6-36 223 11-46 231 11-46 231 R 24-41 227 29-47 234 11-36 223 1-40 - 225 1-40 225 43-50 237 14-41 226 15-42 228 SUBDIVISION ORDINANCE NO. PAGE S Sanford's Sub 19-45 Schaffner's Sub 28-46 Scharle's Sub 5-37 Schiltz Sub 2-36 Schmidt's Sub 15-42 Schoenbeck's Sub 14-41 Schuler's Sub 17-34 39-50 Schwind's Homestead 11-36 Slattery's Sub 4-46 Smedley's Sub 5-37 11-35 43-50 Steiner's Add 43-50 Summitt Street Sub 15-37 T Tschirgi and Schwindt's Sub 1-40 Union Add Union Avenue Sub Union Ave Sub No. 2 Wick's Add Wm Blake's Add Wilson Sub Wullweber's Sub Yates and Pickett's Sub Yates Sub Zumhoff's Sub U 17-34 16-37 35-39 11-46 w 7-36 8-35 9-46 14-41 X,Y,Z 11-46 11-46 14-41 229 232 224 223 228 226 222 236 223 229 224 222 237 237 224 225 222 224 225 231 223 222 230 226 231 231 226 261 Index References Are To Page Numbers Airport, 26 Airport Zoning, 20 Animals At Large, 59 Care of, 42, 59 Disease of, 42 Driving in Streets, 60 Overloading Teams, 59 Stockyards, 59 Assessments, Special - Method of making, 3 Assessor - Appointment of, 15 Auctions, 61 Auditor Duties and Powers, 14 Establish Accounts, 5 Baggage, Soliciting, 77 Barbed Wire, 77 Bathing Beaches, 62 Bathing in River, 79 Beer Permits, 70 Bells, Ringing of, 80 Bicycles, 84 Billboards - (See Building Code) Zoning Regulations, 214 Bill Posters, 63 Bill Posting, Prohibited, 82 Blasting - Prohibited, 77 Board of Adjustments, 221 Board of Health - Violations, 45 Boarding House - License, 66 Bonfires - Prohibited, 77 Bowling Alleys, 63 Building Inspector - See Building Code; Zoning Ordinance Duties Generally, 15 Enforcement of Zoning Ordinance, 219 Building Code - (See separate Index to Building Code supra), 253-258 Buildings - See Building Code Certificate of Occupancy, 220 Electrical Installations, 134 Numbering, 140 Oil Burners and Oil Storage, 137 Plumbing Installation, 128 Ratproofing, 56 Building Line - See Building Code Busses Franchise, 93 Rates, 95 Routes, 96 Cafe - See Restaurant Ordinance, 45 Cafeteria - See Restaurant Ordinance, 45 Canopy - See Building Code Carnival, 63 Carpenters - See Building Code Cellar Doors, 81 Cement work - See Building Code Chauffeur - License, 67 Christmas Trees, 63 Circulars, 77 Circus, 63 City Council Organization of, 5 Record, 1 Rules of Order, 239 City Employees Appointment of, 12 Fixing Salaries, 12 Political Contributions, -16 Sick Leave, 20 City Officers Assistants, 12 Bonds, 15 Political Contributions, 16 Qualifications, 12 Salary, 12 Term, 12 City Property Custody, 1 Defacing, 82 Purchase, 2 Record of, 14 City Seal, 1 Civil Service Commission - Generally, 16 Clerk Commissioner of Registration, 9 Custody of City Seal, 1 Duties, 12 Clubs - Beer Permits, 70 Coffee Shop - See Restaurant OYdinance, 45 Concealed Weapons; 81 Contracts, City, 1 Contractors - See Building Code Dairy, 49 Dance Halls Sale of beer in, 72 Regulations, 65 Disorderly Assembly, 83 Disorderly Conduct Defined, 74 In Tavern, 78 Disorderly Hall, 79 Disorderly House, 78 Disturbing the Peace, 80 Dock Board, 3 Dogs Licenses, 63 Vicious, 59 Drunkenness, 79 Dry Cleaning Establishments - See Building Code Dubuque Bridge Commission, 104 Dynamite, Storage of, 83 Elections Permanent Registration, 9 Precincts, 6 Time for Registration, 10 Electrical Inspector, 134 Electricity Franchise, 86 Installation, 134 Rates, 88 Elevators - See Building Code Engineer, City, 14 Exhibitions, 63 263 Explosives - See Building Code Storage of, 83 Unlawful Discharge, 81 Fighting, 80 Fire - See Building Code Firearms, 81 Firecrackers, 81 Fire Department Appointment of Chief, 16 Contract with Members, 18 Driving over fire Hose, 80 False Alarm, 80 Fires outside City, 85 Injuring Alarm System, 81 Inspection for Hazards, 83 Meddling with hydrants, 81 Resiting an officer, 80 Use of fire signals, 80 Fire Escape - See Building Code Fire Limits - See Building Code Fires - Prohibited in Streets, 77 Fiscal Year, 4 Food Inspector - Duties, 38, 41 Food Peddlers License, 64 Sale, 45 Storage, 56 Fortune Tellers, 64 Fowls, 59 Fuel Oil - Storage, 137 Gambling, 79' Gambling Device, 79 Gambling House, 79 Garage - See Building Code Garbage Itinerant Restaurants, 48 Restaurants, 47 Rules, 44 Sanitary District, 43 Gas Franchise, 98 House Connections, 134 Rates, 100 Grades - Established, 14 Heating - See Building Code Holidays - Definition of, 109 Hotels - See Building Code License, 64 House of Ill Fame, 78 Ice - Sale of, 44 Impersonating an Officer, 80 Indecent Behavior, 79 Indecent Literature, 78 Inflammable Liquids - Storage of - See Building Code. Interstate Power Co. Electric Franchise,86 Electric Rates, 88 Bus Franchise, 93 Bus Rates, 95 Bus Routes, 96 Removal of Car Tracks, 95 Intimidation, 83 Intoxicating Liquor - Possession by Beer Permittee, 74 Itinerant Restaurant, 45 Junk Dealers License, 64 Mechanics Tools, 68 Purchase from Minors, 68 Records of, 68 264 Key City Gas Company Franchise, 98 Rates, 100 Lake Peosta - Land grant, 21 Licenses, 61 Loafing, 79 Lunch Wagon - License, 64 Malicious Mischief, 82 Manager, City, 11 Market Master, Duties, 15, 38, 39 Mayor - Duties and Powers, 11 Medicine Show, 63 Milk Generally, 49 Peddler's License, 65 Motor Bus - License, 67 Motor Vehicles (See Traffic Code) Driving over Fire Hose, 80 Oil Burners, 137 Oil Peddlers, 83 Oil Storage, 137 Parade - Permit required, 83 Parking - During Snow Removal, 126 Parking Lots, Municipal, 27 Parking Meters - Installation of, 124 Parks and Playgrounds Park Commissioners, 29 Parks Designated, 29, 30, 31 Recreation Commission, 30 Trees and Shrubbery, 29 Pawn Broker License, 64 Mechanics Tools, 68 Purchase from Minor, 68 Peddlers, License, 64 Physicians and Surgeons, 64 Plumbers Examination, 127 License, 65 Plumbing (See Building Code) Rules for installation, 128 Plumbing Inspector, 128 Police Court, 4 Police Department Chief of Police Appointment, 16 Duties, 59 Contract with Members, 18 Impersonating an Officer, 80 Pension Fund, 17 Resisting an Officer, 80 Using Police Whistle, 80 Using Police Telephone, 80 Pool Halls Generally, 63 . Disturbing the Peace, 79 Public Bonds, 3 Public Library, 2 Public Market, 38 Public Meetings, 80 Public Offenses, Trial, 4 Public Scales, 38 Railroads Boarding Cars in Motion, 77 Flagmen at Crossings, 104 Maintenance of Drains, 103 Maintenance of Crossings, 104 Railroad Crossing Protection, 10.3 Speed of Trains, 104 Rats, 56 Removal of Car Tracks, 95 Resisting an Officer, 80 Restaurants - See Building Code License, 66 Regulations, 45 Riots, 83 Roofs - See Building Code Rooming House, 64 Sandwich Stand - See Restaurant Ordinance, 45 Sanitation, 41 Second Hand Dealers, 68 Septic Tanks, 133 Sewers Connection required, 44 House Connections, 134 In Buildings, 133 Shooting Gallery, 66 Side Show, 63 Signs - See Building Code Sidewalks Cleaning, 33 Construction, 32 Display of Food, 39 Excavations, 82 Obstructions, 33, 81 Openings, 81 Spitting on, 82 Skating Rink Disturbing Peace, 79 License, 66 Regulations, 69 Sling Shots, 81 Smoke, 75 Soda Fountain - See Restaurant Ordinance, 45 Soft Drink Parlor - License, 66 Solicitor, City, 4, 13 Stagnant Water, 76 Street Lights, 34 Street Merchants - License, 66 Streets - See Building Code Consumption of beer on, 74 Deposit of filth in, 34 Deposit of obstructions in, 34 Excavations, 35, 82 Fires in, 82 Hauling Dirt, 82 House Numbers, 140 Names of, 35 Obstructions, 81 Playing in, 82 Removal of Guards, 82 Sewer, water and gas mains, 134 Subdivisions, 207 Throwing paper in, 82 Throwing certain articles in, 82 Subdivisions, 207 Taverns Sanitary requirements, 73 See Restaurant Ordinance, 45 Taxi Cab License, 66 Regulations, 107 Telephone Wires, 102 Theaters - See Building Code License, 67 TRAFFIC CODE Accidents Involving attended vehicle, 111 Involving unattended vehicle, 112 Render aid to injured, 111 Involving property, 112 TRAFFIC CODE (cont.) Reporting of accidents, 112 To Police, 112 To State, 112 Advertising Prohibited signs, 111 Loud Speakers, 118 Alleys Parking prohibited, 117 Stop required, 114 Parking under fire escapes, 118 Arterials (See Thru streets), 114 Authorized Emergency Vehicles Stop upon approach, 114 Drivers exemption, 111 Speed exemption, 112 Blind Right of way, 115 White canes, 115 Boulevards (See Thru streets), 114 Brakes Requirements, 120 Efficiency, 120 Buses Bus stops, 117 Centerlines, 113 Certificate of Registration, 110 Ch auf f e ur s License requirements, 110 Coasting With gears neutral, 115 Crosswalk Pedestrian right of way, 115 Parking prohibited, 116 Driveways Right of way, 114 Stop required, 114 Emergency Vehicles - See authorized emergency Engine Running When parked, 115 Equipment required Brakes, 120 Lights, 118 License, 110 Windshield wiper, 121 Muffler, 120 Rear view mirror, 120 Glass, 121 Horns, 120 Tires, 121 Explosives Special requirements, 116 Fire Areas Parking prohibited, 115 Fire Extinguishers On trucks carrying explosives, 116 .Fire Hose Driving over, 115 Flags Red on load extensions, 119 Flares On trucks carrying explosives, 116 Duty to slow down, 112 Flashing Signals Duty of Operators, 111 Following Too Closely Duty of Operators, 112 Fire Equipment, 115 Garbage Collecting Vehicles, 116 265 TRAFFIC CODE (cont.) Gasoline Selling on street, 116 Glass Throwing on street, 115 Duty to remove, 115 Requirements for care, 121 Grade Crossings When stop required, -114 Flammable loads, 114 Hand Signals, 114 Headlights Number required, 119 Duty to dim, 120 Light distribution, 119 Time for lighting, 118 Hit and Run Accidents, 111 Horn Use prohibited, 120 Requirements, 120 Sounding when passing, 113 Horse Drawn Vehicles, 111 Improper Loads, 121 Inflammable Load, 114 Injurious Substances From wrecks, 115 Duty to remoVe, 115 Illegal to deposit, 115 Intersections Right of way, 114 Turns, 113 Lanes, 113 Left turn at, 114 Lanes Duty to remain in, 113 Power of local authorities, 113 Leaving the Scene of an Accident, 111 Left Turn Duty to yield right of way, 114 Duty to signal, 114 Licenses Chauffeurs, 110 Drivers, 110 Car, 110 License Plates Must be of current year, 110 According to Iowa requirements, 110 Imitation plates, 110 Condition -Location, 110 Lights Headlights, 119 Taillights, 119 Spot lights, 119 Stop lights, 119 Dimming lights, 120 On other than motor vehicles, 119 Parking lights, 119 Clearance lights, 119 Red on overhanging loads, Time to be lit, 118 Flashing lights, 120 Loads Weight, 121 Height; 121 Width, 121 Extension, 121 Heavily laden vehicles, 116 Loud Speakers Prohibited, 118 Malicious Mischief, 116 Minimum Speed, 112 Mirror, 120 119 266 TRAFFIC CODE (cont.) Muffler, 120 Noise Blowing of horns,'120 Unusual noise, 120 Overtaking and Passing, 113 Parades, Processions, 116 Parking Parking on grades, 115 Restricted areas, 116 Alleys, 117 Angle parking, 117 Front of theatres, 117 Overtime parking, 117 Meter parking, 117 Bus stops, 117 Moving parked vehicles, 118 Commercial vehicles, 118 Moving vans, 118 Parking permit, 118 Under fire escapes, 118 Parking lots, 118 Displaying for sale, 118 Storing Vehicles, 118 Night parking, 118 One side of street restricted, 118 Power to remove, 118 City Market permits, 118 Railroad cars, 118 Passengers Not to obstruct view, 115 Drivers not to operate with more than 3, 115 Passing Pass on left, 113 Overtaken vehicle to give way, 113 Way ahead to be clear, 113 Passing prohibited, 113 Passing on right allowed, 113 Pedestrians Blind, 115 Obedience to traffic signals, 115 Must yield right of way, 115 Hitch hiking, 115 Must use right half of crosswalks, 115 Permits Loading or unloading, 118 Parades and processions, 116 City Market parking, 118 Police Officer Obedience to, 111 Powers of, 121 Duties of, 121 Private Road Right of way and stop, 114 Processions Driving thru, 116 Permits needed, 116 Railroads Grade crossings, 114 Parking box cars, 120 Rearview Mirror, 120 Reckless Driving, 113 Regist ration Iowa requirements, 110 Certificate and holder, 110 Removing Injurios Substances, 115 Repairing Vehicles on Street, 116 Right of Way At thru streets, 114 At unsigned intersections, 114 At Stop intersections, 114 TRAFFIC CODE(cont.) At alleys or driveways, 114 To emergency vehicles, 114 To the blind, 115 To pedestrians, 115 When making left turn, 114 Parades and processions, 116 Signalized intersections, 111 School Zones', 115 Sidewalks Driving on, 116 Parking on, 116 Signals Hand signals, 114 Traffic lights, 111 Horn signals, 113 Pedestrian obedience, 115 Signs Def acing or altering, 111 Signs required, 121 Unauthorized signs, 171 Power to remove, 111 School Stop signs, 115 Siren, 120 Smoke, 120 Speed Maximum limits allowable, 112 Minimum speed, 112 Emergency vehicles, 112 Reasonable & proper, 112 Starting Vehicles, 113 Stop Intersections, 114 Stopping Signals required, 114 Assured clear distance, 112 Stops Bus, 114 Grade crossings, 114 Thru streets, 114 Stop intersections, 114 School stops, 115 Flashing signals, 111 Emerging from alleys or drives, 114 Approach of emergency vehicle, 114 Special classifications, 114. Tail Light Requirement for, 119 To be lit, 118 Tampering with M. V., 116 Thru Streets Right of way, 114 Stop before entering, 114 Towed Vehicles, 116 Traffic Officer TRAFFIC CODE (cont.) Duty to obey, 111 Powers of, 121 Duties of, 121 Trailer Brakes, 120 Heights and lengths, 121 Loads, 121 Trucks Parking in residential areas, 118 Carrying explosives, 116 Special lights, 119 Maximum height and length, 121 Minimum speeds, 116 Not to have clutch disengaged, 115 Weight of loads, 121 Turning Signals required, 114 From proper lanes, 113 Right of way on left turn, 114 From direct course, 113 Prohibited 8th & Main, 111 Turning prohibited, 113 "U" turns prohibited, 113 Unathorized Signs and Signals, 111 Unsafe Vehicles Unlawful to sell, 116 Unlawful to operate, 116 Vehicles Unsafe vehicles, 116 Loads, 121 Height, 121 Length, 121 Extensions of loads, 119, 121 Width, 121 Towed vehicles, 116 White Cane, 115 Windshield Wiper, 121 Wrong Side of Street, 113 Transient Merchants, 64 Treasurer, City, 13 Used Car Dealers, 64 Unsafe Buildings - See Building Code Vagrancy, 79 Ventilation - See Building Code Water, House Connections, 134 Water Department Rates, 26 Regulations, 21 Weeds, 76 Weights and Measures, 39 Zoning Commission, 207 Zoning Map - Inside Front Cover Zoning Ordinance, 210 267 City of Dubuque, Iowa Zoning Plan This Ordinance NO. 3-34 Adopted January 29, 1924 John Nolan Consultant Planning and Zoning Commission J.M. Wolfe Chairman Dale D. Welch Vice Chairman Richard Y. McKay Secretary F.E. Bissell R.D. Waller W.A Smith L.C Stoffregan Compiled and Drawn by A.A. Eitel & C.F. Bartels Jan. 12, 1933 111 00,A - of-ei .42 g P2 - pa a< .6124=0 srn (ad, co Pacci \ e -C1