Code of Ordinances_Adoption 8 17 09~ v
THE CITY OF Dubuque
V ~ AN-AmaicaCNy
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Masterpiece on the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: City of Dubuque Code of Ordinances
DATE: August 12, 2009
In 2003 the City Council approved a comprehensive review and update of the entire City
of Dubuque Code of Ordinances, excluding Appendix A, the zoning ordinance.
We have now completed the review and update and it is now necessary to re-adopt the
Code in its entirety.
Upon completion of the Uniform Development Code review process, the UDC, including
what was formerly in Appendix A, will be incorporated into the Code of Ordinances.
City Attorney Barry Lindahl and City Clerk Jeanne Schneider recommend that the City
Council re-adopt the revised Code of Ordinances.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne F. Schneider, City Clerk
..
THE CITY OF
DUB E
Masterpiece on the Mississippi
MEMORANDUM
August 11, 2009
TO: Michael C. Van Milligen, City Manager
FROM: Barry A. Lindahl, City Attorney
Jeanne F. Schneider, City Clerk
SUBJECT: City of Dubuque Code of Ordinances
Background
In 2003 the City Council approved a comprehensive review and update of the entire City
of Dubuque Code of Ordinances, excluding Appendix A, the Zoning Ordinance.
We have now completed the review and update and it is now necessary to re-adopt the
Code in its entirety.
Upon completion of the Uniform Development Code review process, the UDC, including
what was formerly in Appendix A, will be incorporated into the Code of Ordinances.
Requested Action
The requested action is for the City Council to adopt the attached ordinance re-adopting
the revised Code of Ordinances.
ORDINANCE NO. 43-09
AN ORDINANCE READOPTING THE CODIFICATION OF ALL ORDINANCES OF THE CITY
OF DUBUQUE, IOWA, OF A GENERAL OR PUBLIC NATURE OR IMPOSING A FINE OR
PENALTY INCLUDING CODES AND MAPS ADOPTED BY REFERENCE, AS THE OFFICIAL
CODE OF THE CITY OF DUBUQUE, IOWA, AS PROVIDED FOR AND PURSUANT TO
CHAPTER 380 OF THE IOWA CODE; PROVIDING FOR THE TITLE AND CITATION OF THE
CODE; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES OF A GENERAL
OR PUBLIC NATURE OR IMPOSING A FINE OR PENALTY, PASSED ON OR PRIOR TO
MAY 4, 2009, EXCEPT THOSE NOT CONTAINED IN SAID CODE OR RECOGNIZED AND
CONTINUED IN FORCE BY REFERENCE THEREIN; PROVIDING PENALTIES FOR THE
VIOLATION OF THE SEVERAL SECTIONS THEREOF; AND PRESCRIBING THE TIME
WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT
Whereas, pursuant to Ordinance No. 3-07, adopted January 17, 2007, the City Council
of the City of Dubuque, Iowa, readopted the City of Dubuque Code of Ordinances, with an
effective date of January 22, 2007, as provided in Section 380.8 of the Iowa Code; and
Whereas, the City Council has determined that the Code of Ordinances should be re-
adopted, as edited and compiled, as provided in Section 380.8 of the Iowa Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Code of Ordinances Readopted. That the proposed Code of Ordinances of
the City of Dubuque, Iowa printed by Sterling Codifiers, Inc., Coeur d'Alene, Idaho, heretofore
filed in the Office of the City Clerk of the City of Dubuque, Iowa, consisting of Titles 1 through
16, and Appendix A, and including references to codes adopted by reference, a printed copy of
which is attached hereto and incorporated herein by reference the same as if set out herein, is
hereby adopted as the "Code of Ordinances, City of Dubuque, Iowa".
Section 2. Ordinances Repealed. That all ordinances of the City of Dubuque, Iowa, of a
general and permanent nature, enacted before May 4, 2009, and not contained in the Code of
Ordinances or recognized and continued in force by reference therein are hereby repealed
from and after the effective date of the Code of Ordinances, except as hereinafter provided.
Section 3. Effect of Repeal; Ordinances Saved. That the repeal provided for in Section 2
hereof shall not affect any of the following:
(a) Any offense or act committed or any penalty or forfeiture incurred or any contract
or right established or accruing before the effective date of the Code of Ordinances;
(b) Any ordinance promising or guaranteeing the payment of money to or from the
City, or authorizing the issuance of any bonds or other evidence of indebtedness;
(c) Any appropriation or budget ordinance;
(d) Any ordinance establishing the compensation of any City officer or employee;
(e) Any contract or obligation assumed by the City;
(f) Any ordinance relating to the purchase, condemnation, acquisition or dedication
of property for public use;
(g) Any ordinance dedicating, establishing, opening, reopening, naming, renaming,
widening, narrowing or vacating any street, boulevard, avenue, alley or other public way,
including rights-of-way;
(h) Any ordinance, establishing or changing the grade of any street, avenue,
boulevard, traffic way or other public way;
(i) Any ordinance authorizing, directing or otherwise relating to any public
improvements;
Q) Any ordinance establishing or changing the limits of the City or pertaining to
consolidations, annexations or exclusions;
(k) Any ordinance levying general or special taxes or special assessments;
(I) Any ordinance granting pensions for retired officers and employees;
(m) Any ordinance granting any right, privilege, easement or franchise to any person,
firm or corporation;
(n) Any zoning ordinance, or amendment of the City's zoning map;
(o) Any ordinance prescribing traffic regulations for specific streets or areas, such as
ordinances designating one-way streets, arterial highways, through streets, stop intersections
or intersections where traffic is to be controlled by signals, and ordinances prohibiting
restriction, limiting or otherwise regulating the stopping, standing or parking of vehicles on
specific streets or in specific areas;
(p) Any ordinance establishing rates and charges for, or fees for connection to any
utility service, not inconsistent with this Code;
(q) Any ordinance which, by its own terms, expires after a specified time, or on the
prescribed date;
(r) The appointment of any board or commission member serving on the date of this
Ordinance.
The above enumeration of exceptions shall not be held or deemed to be exclusive, it being the
purpose and intention of this Ordinance to exclude from repeal any and all ordinances not of a
general nature.
Section 4. Severability of Provisions. That each Title, and any and all Chapters of the Code of
Ordinances hereby readopted, is independent of every other Title and Chapter thereof, and the
invalidity of any other Title or Chapter thereof, shall not invalidate any other Title or Chapter
thereof.
Section 5. Official Copy. That the City Clerk shall attach to the official copy of the Code of
Ordinances hereby readopted and attached hereto, the City Clerk's official certificate showing
readoption and the effective date thereof, and shall retain the said copy and certificate on file in
this office where copies of the same shall be subject to public inspection and for sale to the
public.
Section 6. Amendments. That any additions or amendments to the Code of Ordinances when
passed as ordinances amending the Code of Ordinances and which indicate the intention of
the Council to make the same a part hereof shall be deemed to be incorporated in the Code of
Ordinances so that a reference to the Code of Ordinances, City of Dubuque, Iowa, shall be
understood to include them.
Section 7. General Penalty. That the doing of any act prohibited or declared to be unlawful or
an offense by the Code of Ordinances, or the commission or failure to perform any act or duty
required by the Code of Ordinances, shall be subject to the penalty provided or authorized by
the Code of Ordinances. The penalty herein provided for shall be cumulative with and in
addition to the revocation, cancellation or forfeiture of any license or permit elsewhere in the
Code of Ordinances provided for violation thereof or for civil penalties or violations of municipal
ordinances.
Section 8. Effective date. That this Ordinance consisting of Sections 1 through 8, inclusive,
readopting the proposed Code of Ordinances of the City of Dubuque, Iowa, heretofore filed in
the Office of the City Clerk of the City of Dubuque, Iowa, consisting of Titles 1 through 16 and
Appendix A, and including codes adopted by reference and all Chapters, of the same, the
same being designated as the "Code of Ordinances, City of Dubuque, Iowa", is in full force and
effect from and after the passage and publication of this Ordinance, according to law, and the
"Code of Ordinances, City of Dubuque, Iowa", shall be in full force and effect from and after the
publication of this Ordinance.
Passed, approved and adopted this 17th day of August,(: 009.
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Roy D. Buol, Mayor
Attest:
anne F. Schneider, CMC
City Clerk