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Supplement No. 28 - Code of Ordinances - April 2018 #ae RET 18 APR 17 i( : 148 STERLING CODIFIERS 3906 Schreiber Way Cit •-- ; ,;fI!C✓ Coeur d'Alene, ID 83815 } t� (208) 665-7193 INSTRUCTION SHEET: DUBUQUE, Iowa Supplement No. 28/April, 2018 Includes Ordinances: 46-17, 47-17 and 1-18 through 6-18 REMOVE PAGE HEADED INSERT NEW PAGE HEADED VOLUME I Preface Preface TABLE OF CONTENTS: Table Of Contents, Title 1, Administration Table Of Contents, Title 1, Administration TITLE 2: Title 2, Boards And Commissions Title 2, Boards And Commissions 2-9-1, Chapter 9, Sister City Relationships 2-9, Chapter 9, Sister City Relationships and following page TITLE 6: 6-4-2, Property: Both real and personal 6-4-2, Property: Both real and personal 6-4-3, m. Disorderly conduct 6-4-3, m. Disorderly conduct and following page and following page TITLE 8: 8-3-2, 2. The rental or leasing to transient 8-3-2, 2. The rental or leasing to transient and following page and following page VOLUME II TABLE OF CONTENTS: Table Of Contents, Title 1, Administration Table Of Contents, Title 1, Administration TITLE 13: 13-1C-1, Chapter 1, Article C. Rates 13-1C-1, Chapter 1, Article C. Rates and following page and following page 13-2C-1, Chapter 2, Article C. Rates 13-2C-1, Chapter 2, Article C. Rates and following page and following page 13-6A-4, the street for more than twenty four 13-6A-4, the street for more than twenty four and following two pages and following page TITLE 14: 14-1J-3, owner, manager, or licensed real 14-1J-3, owner, manager, or licensed real and following page and following two pages REMOVE PAGE HEADED INSERT NEW PAGE HEADED INDEX: -B-, Boards And Commissions (cont.) -B-, Boards And Commissions (cont.) -C-, Compensation And Salaries -C-, Comprehensive Plan -L-, Liquor Control (cont.) -L-, Liquor Control (cont.) and following page -R-, Rights-Of-Way (cont.) -R-, Rights-Of-Way (cont.) and following page and following page PREFACE This City Code of the City of Dubuque, as supple- mented, contains ordinances up to and including ordinance 42-17, passed October 2, 2017. Ordi- nances of the City adopted after said ordinance supersede the provisions of this City Code to the extent that they are in conflict or inconsistent therewith. Consult the City office in order to ascertain whether any particular provision of the Code has been amended, superseded or repealed. Sterling Codifiers Coeur d'Alene, Idaho December 2017 City of Dubuque ( I ( ( TABLE OF CONTENTS TITLE 1 Sister City Relationships Advisory Commission 9 Administration Safe Community Advisory Committee (Rep. by Ord. Dubuque City Code 1 65-12, 12-17-2012) 10 Saving Clause 2 Cable Television Commission . . . 11 Definitions 3 General Penalty 4 Charter 5 TITLE 3 Mayor And City Council 6 Rules And Procedure 6A Revenue And Taxation City Officers And Employees 7 Elections, Precincts And Wards 8 Property Tax 1 Evidentiary Hearings By Revitalization Areas 2 City Council 9 Hotel And Motel Tax 3 Miscellaneous Administrative Economic Development 4 Provisions 10 Industrial Projects 4A Emergency Succession During Enterprise Zone Commission Disaster 11 (Rep. by Ord. 43-14, 6-7-2014) 4B Speculative Shell Buildings Of Community Development TITLE 2 Organizations And For Profit Entities 4C Boards And Commissions Residential Relocation Assistance Program 4D Hearings And Appeals 1 Civil Service Commission 2 Investment Oversight Advisory TITLE 4 Commission 3 Civic Center Advisory Business And License Regulations Commission 4 Housing Agency And Community Business Licenses Generally 1 Development Commissions 5 Liquor Control 2 Municipal Housing Agency And Alcoholic Beverages 2A Governing Board (Rep. by Ord. Liquor, Beer And Wine 26-09, 6-1-2009) 5A Licenses And Permits 2B Housing Commission 5B Excursion Boat Admission Fees . . 3 Community Development Central Market 4 Advisory Commission 5C Solicitor's License 5 Trust Fund Advisory Pawnbrokers And Secondhand Committee 5D Dealers; Junk And Auto Resilient Community Advisory Salvage Dealers 6 Commission 6 Pawnbrokers And Second- Board Of Library Trustees 7 hand Dealers 6A Arts And Cultural Affairs Junk Dealers And Auto Advisory Commission 8 Salvage Dealers 6B August 2017 City of Dubuque TITLE 4 (cont.) Offenses 5 General Offenses 5A Vehicles For Hire And Public Drug Paraphernalia 5B Transportation 7 Crime Property 5C Nonmotorized Vehicles 7A Parental Responsibility 5D Motorized Vehicles For Hire . . . 7B Social Host Responsibility 5E Adult Entertainment Establish- Animal Control 6 ments 8 Miscellaneous Provisions 6A Dogs And Cats 6B Rabies Control 6C TITLE 5 Dangerous Animals 6D Potentially Vicious Dogs 6E Transit System Vicious Dogs And Cats 6F Bicycles 7 Transit Advisory Board 1 TITLE 8 TITLE 6 Human Rights Health, Housing, Sanitation And Environment Definitions; General Provisions . . . 1 Human Rights Commission 2 Health And Safety Regulations . . . 1 Unfair And Discriminatory Food Establishments And Hotel Practices 3 Sanitation 2 Disability Discrimination 3A Ambulances 3 Enforcement Of Civil Rights 4 Nuisances 4 Fair Housing 5 Noises 5 Housing Regulations (Rep. by Ord. 8-16, 4-4-2016, TITLE 9 eff. 7-1-2016) 6 Hazardous Waste, Substances Motor Vehicles And Traffic And Conditions 7 Trees And Weeds 8 General Provisions 1 Fire Prevention Regulations 9 Registration, Certification Of Title, And Proof Of Security Against Financial Liability 2 TITLE 7 Special Antitheft Law 3 Drivers' Licenses 4 Police, Fire And Public Safety Obedience To And Effect Of Traffic Laws 5 Police Department 1 Powers Of Local Authorities 6 Fire Department 2 Operation 7 Emergency Management 3 Pedestrians' Rights And Duties . . . 8 Alarm System Permits 4 Special Stops Required 9 August 2017 City of Dubuque TITLE 2 BOARDS AND COMMISSIONS Subject Chapter Hearings And Appeals 1 Civil Service Commission 2 Investment Oversight Advisory Commission 3 Civic Center Advisory Commission 4 Housing Agency And Community Development Commissions 5 Municipal Housing Agency And Governing Board (Rep. by Ord. 26-09, 6-1-2009) 5A Housing Commission 5B Community Development Advisory Commission 5C Trust Fund Advisory Committee 5D Resilient Community Advisory Commission 6 Board Of Library Trustees 7 Arts And Cultural Affairs Advisory Commission 8 Sister City Relationships Advisory Commission 9 Safe Community Advisory Committee (Rep. by Ord. 65-12, 12-17-2012) 10 Cable Television Commission 11 November 2016 City of Dubuque 2-9-1 2-9-3 CHAPTER 9 SISTER CITY RELATIONSHIPS ADVISORY COMMISSION SECTION: 2-9- 1: Commission Created 2-9- 2: Purpose 2-9- 3: Internal Organization And Rules 2-9- 4: Procedures For Operation 2-9- 5: Membership 2-9- 6: Oath 2-9- 7: Terms 2-9- 8: Vacancies 2-9- 9: Officers/Organization 2-9-10: Meetings 2-9-11: Compensation 2-9-12: Removal 2-9-13: Powers 2-9-1: COMMISSION CREATED: There is hereby created the sister city relationships advisory commission. (Ord. 57-15, 9-8-2015) 2-9-2: PURPOSE: The purpose of the commission is to facilitate and maintain educational, economic, and cultural exchanges with the city's officially recognized international sister cities; to explore potential relationships with cities where a sister city relationship may be mutually beneficial; and to engage partnerships with the business community, cultural entities, and education institutions that will enhance sister city relationships. (Ord. 57-15, 9-8-2015) 2-9-3: INTERNAL ORGANIZATION AND RULES: The commission may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with this code or the Iowa Code. (Ord. 57-15, 9-8-2015) December 2015 City of Dubuque 2-9-4 2-9-9 2-9-4: PROCEDURES FOR OPERATION: All administrative, person- nel, accounting, budgetary, and procurement policies of the city govern the commission in all its operations. (Ord. 57-15, 9-8-2015) 2-9-5: MEMBERSHIP: A. Composition: The commission comprises thirteen (13) residents of the city, appointed by the city council. B. Age: Residents must be eighteen (18) years of age or older. C C. Special Qualifications: 1. Two (2) members must be city council members. 2. Eleven (11) members must be at large residents of the city. (Ord. 57-15, 9-8-2015) 2-9-6: OATH: Each person, upon appointment or reappointment to the commission, must execute an oath of office at the first meeting of the commission following the appointment or reappointment or at the city clerk's office any time prior to the first meeting of the commission. (Ord. 57-15, 9-8-2015) 2-9-7: TERMS: The term of office for commissioners is three (3) years or until such commissioner's successor is appointed and qualified. (Ord. 57-15, 9-8-2015) 2-9-8: VACANCIES: Vacancies must be filled in the same manner as original appointments. (Ord. 57-15, 9-8-2015) 2-9-9: OFFICERS/ORGANIZATION: The commissioners must choose annually two (2) persons to serve as facilitators, each to serve a term of one year. The city manager must appoint a city staff person to serve as secretary. The commissioners must fill a vacancy among its officers for the remainder of the officer's unexpired term. (Ord. 57-15, 9-8-2015) December 2015 City of Dubuque 2-9-10 2-9-12 2-9-10: MEETINGS: A. Regular Meetings: The commission must meet quarterly. B. Special Meetings: Special meetings may be called by the facilitators or at the written request of three (3) commissioners. C. Open Meetings: All meetings must be called and held in confor- mance with the Iowa open meetings law. D. Attendance: 1. In the event a commissioner has been absent for three (3) or more consecutive meetings of the commission, without being excused by the facilitators, such absence will be grounds for the commission to recommend to the city council that the position be declared vacant and a replacement appointed. 2. Attendance must be entered upon the minutes of all meetings. E. Minutes: A copy of the minutes of all regular and special meetings of the commission must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. F. Quorum: Six (6) commissioners constitute a quorum for the trans- action of business. The affirmative vote of a majority of the commis- sioners present and voting is necessary for the adoption of any motion or resolution. (Ord. 57-15, 9-8-2015) 2-9-11: COMPENSATION: Commissioners serve without compensa- tion, provided that they may receive reimbursement for neces- sary travel and other expenses while on official commission business within the limits established in the city administrative policies and budget. (Ord. 57-15, 9-8-2015) 2-9-12: REMOVAL: Except as provided in subsection 2-9-10D1 of this chapter, the city council may remove any commissioner for good cause. (Ord. 57-15, 9-8-2015) December 2015 City of Dubuque 2-9-13 2-9-13 2-9-13: POWERS: The commission has the following powers, duties, and responsibilities: A. To recommend to the city council the official acknowledgement of or absolving of a sister city relationship. B. To facilitate and maintain the exchange of information by and between the city and its sister cities through, but not limited to, correspondence, delegation visits, and event planning. (Ord. 57-15, 9-8-2015) C December 2015 City of Dubuque 6-4-2 6-4-2 PROPERTY: Both real and personal property. RESPONSIBLE PARTY: Any person having ownership, possession, or control of real or personal property, including, but not limited to, any one (1) or more of the following: A. An agent; B. An assignee or collector of rents; C. A contract seller or contract purchaser; D. The holder of a deed to the property; E. A mortgagee or vendee in possession; F. A receiver, executor, administrator or trustee; G. Lessee and lessor; or H. Any other person, firm, partnership, corpora- tion or entity exercising control over the prop- erty. SOLID WASTE: Any waste that is putrescible, nonputrescible, combustible or noncombustible, including, but not limited to, trash, garbage, material resulting from the handling, processing, storage, prepara- tion, serving and consumption of food, vegeta- ble or animal matter, offal, rubbish, ashes, incinerator residue, street cleanings, construc- tion debris and solid industrial waste. YARD WASTE: The accumulation of grass, leaves, tree trim- mings under three inches (3") in diameter, brush and garden residue, which accumulation is screened from the street view, is located in a confined area, is no taller than four feet (4') high and no larger than seventy five (75) square feet in area, is located more than twenty feet (20') from any habitable structure on adjoining property, at least three feet (3') from a property boundary line, is located more than five feet (5') from any wood structure, excluding fences and August 2017 City of Dubuque 6-4-2 6-4-3 compost containers, is not located in a natural drainageway, is not located in the area between any building and the street right-of-way, is collected for reuse as a soil amendment, and is maintained free of noxious odors. (Ord. 31-16, 6-20-2016, eff. 7-1-2016; amd. Ord. 32-17, 7-5-2017) 6-4-3: PUBLIC NUISANCE DEFINED; PUBLIC NUISANCES ENUMERATED: Whatever is injurious to the public health or safety or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by the public shall be deemed a "public nuisance". A "public nuisance" shall include, but not be limited to, the following: (2007 Code § 23-42) A. Accumulations: Any yard waste, solid waste, vehicle parts, garbage, noxious substances or hazardous wastes, junk, unused building materials, salvage material or other offensive substances thrown, left or deposited in or upon any street, avenue, alley, sidewalk, park, public square, public enclosure, public or private lot, whether vacant or occupied, or upon any pond or pool of water, except for: (Ord. 5-13, 2-18-2013) 1. Solid waste deposited and stored in accordance with provisions of this Code; 2. A compost pile located or maintained in compliance with this chapter; 3. Yard waste located or maintained in compliance with this chapter; 4. Junk or salvage materials properly stored in a junk or salvage yard permitted under this Code; 5. The use of agricultural manure on crop producing agricultural land or pasture; or 6. The safe accumulation of animal waste by commercial livestock processing facilities. B. Diseased Or Damaged Trees Or Plant Materials: Any dead, diseased or damaged tree or plant material which may harbor serious insect or disease pests or disease injurious to other trees or plant materials, or any tree in such a state of deterioration that any part of such tree is likely to fall and damage property or cause injury to persons. August 2017 City of Dubuque 6-4-3 6-4-3 m. Disorderly conduct. n. Possession of alcohol under the legal age (PAULA) by prop- erty owner, tenant, or occupant. o. Possession of drug paraphernalia. p. Public intoxication. q. Aiding and abetting. (Ord. 17-11, 3-7-2011) Q. Furniture: Indoor upholstered furniture or upholstered furniture which is not designed for outdoor use but which is maintained or located on any uncovered porch, lawn, parking lot, driveway, or public right of way. R. Combustible Items: Any accumulation of combustible items such as mattresses, boxes, paper, automobile tires and tubes, old clothes, rags, or any other combustible materials or objects of a like nature. S. Construction And Building Materials: Outdoor storage of construction and building materials, except those that are stored in a manner to protect their utility, prevent deterioration, and are reasonably expected to be used at the site. T. Appliances Or Appliance Parts: Outdoor storage of appliances or appliance parts, except those that are reasonably expected to be used at the site, which are stored in a manner to protect their utility, prevent deterioration, and protect people from becoming trapped within them. U. Burned Or Partially Burned Buildings And Structures: Any building or other structure which has been burned, partially burned, or otherwise partially destroyed, which is unsightly or hazardous to the safety of any person or structurally unsound to the extent that the city manager reasonably determines there is a likelihood of personal or property injury to any person or property entering the premises. V. Miscellaneous: Any act done or committed by any person or any substance or thing kept, maintained, placed, or found in or on any public or private place which is annoying or damaging or injurious or dangerous to the public health, welfare, or safety and every action or thing done, permitted, maintained, allowed, or continued on any public or private property, by any person which is liable to or does March 2014 City of Dubuque 6-4-3 6-4-6 endanger, annoy, damage, or injure any person or inhabitant of the city or property of said person or inhabitant. (Ord. 5-13, 2-18-2013) 6-4-4: PUBLIC NUISANCES PROHIBITED; AUTHORITY TO ABATE: A. Nuisances Prohibited: The creation, maintenance, or continuation of a public nuisance is hereby declared unlawful and is prohibited. B. Declaration Of Nuisance; Hearing; Abatement: Upon application of the city manager for a declaration of a nuisance, the city council, after notice to the property owner of the grounds therefor, shall hold a hearing on the application as provided in title 1, chapter 9 of this code. Upon declaration of a nuisance, the city council may direct the city manager to abate or cause to be abated public nuisances in any manner authorized by law. C. Municipal Infraction: Nothing herein shall be interpreted to prevent the city from issuing a municipal infraction as allowed under Iowa Code section 364.22 and section 1-4-2 of this code. (Ord. 53-13, 12-2-2013) 6-4-5: ABATEMENT REMEDIES; PENALTIES: A. Abatement Described: Abatement includes, but is not limited to, repair, removal, cleaning, exterminating, cutting, mowing, grading, sewer repairs, draining, securing, repairing a building or structure, boarding unoccupied buildings, barricading or fencing, removing dangerous portions of buildings or structures and demolition of dangerous structures or abandoned buildings. B. Abatement Costs: The costs of abatement may be assessed against the property as provided by law. Abatement costs are all of the costs of removing or eliminating the public nuisance, including the cost of investigation, including title searches, inspection and testing, the cost of notification, court costs and administrative costs. (2007 Code § 23-44) 6-4-6: EMERGENCY ABATEMENT PROCEDURE: When the city manager determines that a public nuisance exists and that such public nuisance constitutes an imminent and compelling danger to the March 2014 City of Dubuque 6-4-6 6-4-6 health, safety or welfare of persons or property, the city manager is authorized to abate or cause to be abated the public nuisance without prior notice to the owner. The costs of such action may be assessed against the property after notice to the property owner and hearing as required by law. (2007 Code § 23-45) March 2014 City of Dubuque i 8-3-2 8-3-3 2. The rental or leasing to transient individuals of less than four (4) rooms within a single housing accommodation if the occupant or owner or members of the owner's or occupant's family reside therein. 3. Discounts for services or accommodations based upon age. (Ord. 18-09, 4-6-2009) 8-3-3: EMPLOYMENT PRACTICES: A. Prohibited Practices: It shall be an unfair or discriminatory practice for any: 1. Person to refuse to hire, accept, register, classify, or refer for employment, to discharge any employee, or to otherwise discrimi- nate in employment against any applicant for employment or any employee because of the race, creed, color, sex, age, national origin, religion, sexual orientation, or gender identity of such applicant or employee, unless based upon the nature of the occupation. 2. Labor organizations or the employees, agents, or members thereof to refuse to admit to membership any applicant, to expel any member, or to otherwise discriminate against any applicant for membership or any member in the privileges, rights, or benefits of such membership because of the race, creed, color, sex, age, national origin, religion, sexual orientation, or gender identity of such applicant or member. 3. Employer, employment agency, labor organization, or the employees, agents, or members thereof, to directly or indirectly advertise or in any other manner indicate or publicize that individuals of any particular race, creed, color, sex, age, national origin, religion, sexual orientation, or gender identity are unwelcome, objectionable, not acceptable, or not solicited for employment or membership, unless based upon the nature of the occupation. B. Exemptions: 1. The prohibition by this section of discrimination based on sexual orientation shall not apply to any bona fide religious institution with respect to any qualifications for employment by such institution. City of Dubuque 8-3-3 8-3-4 2. This section shall not apply to: a. Any employer who regularly employs less than four (4) individuals. For purposes of this subsection, the owners, owners' spouses, and children shall not be counted as employees. b. The employment of individuals for work within the home of the employer if the employer or members of the employer's family reside therein during such employment. c. The employment of individuals to render personal service to the person of the employer or members of the employer's family. d. Any bona fide religious institution or its educational association, corporation, or society with respect to any qualifications for employment based on religion when such qualifications are related to a bona fide religious purpose. A religious qualification for instructional, personnel, or administrative officer serving in a supervisory capacity of a bona fide religious educational facility or religious institution shall be presumed to be a bona fide occupational qualification. e. Discrimination on the basis of age if the person subject to the discrimination is under the age of eighteen (18) years, unless that person is considered by law to be an adult. f. A state or federal program designed to benefit a specific age classification which serves a bona fide public purpose. (Ord. 18-09, 4-6-2009) 8-3-4: CREDIT: It shall be an unfair or discriminatory practice for any: A. Creditor to refuse to enter into a consumer credit transaction or impose finance charges or other terms or conditions more onerous than those regularly extended by that creditor to consumers of similar economic backgrounds and current situations because of age, color, creed, national origin, race, religion, marital status, sex, physical disability, sexual orientation, or gender identity. B. Person authorized or licensed to do business in this state pursuant to chapters 524, 533, 534, 536, or 536A of the code of Iowa to refuse to loan or extend to persons of similar economic backgrounds City of Dubuque 8-3-4 8-3-5 because of age, color, creed, national origin, race, religion, marital status, sex, physical disability, sexual orientation, or gender identity. C. Creditor to refuse to offer credit life or health and accident insurance because of color, creed, national origin, race, religion, marital status, age, physical disability, sex, sexual orientation, or gender identity. Refusal by a creditor to offer credit life or health and accident insurance based upon the age or physical disability of the consumer shall not be an unfair or discriminatory practice if such denial is based solely upon bona fide underwriting considerations not prohibited by the code of Iowa or United States code. D. The provisions in this section shall not be construed by negative implications or otherwise to narrow or restrict any other provisions of this title. (Ord. 18-09, 4-6-2009) 8-3-5: EDUCATION: A. Prohibited Practices; Exceptions: 1. It is an unfair or discriminatory practice for any educational institution to discriminate on the basis of race, creed, color, sex, national origin, religion, disability, sexual orientation, or gender identity in any program or activity. Such discriminatory practices shall include, but not be limited to, the following practices: a. Exclusion of a person or persons from participation in, denial of the benefits of, or subject to discrimination in any academic, research, occupational training, or other program or activity except athletic programs. b. Denial of comparable opportunity in intramural and interscholastic athletic programs. c. Discrimination among persons in employment and the conditions of employment. d. On the basis of sex, the application of any rule concerning the actual or potential parental, family, or marital status of a person or the exclusion of any person from any program or activity or employment because of pregnancy or related conditions dependent upon the physician's diagnosis and certification. City of Dubuque 8-3-5 8-3-5 2. For the purposes of this section, "educational institution" includes any preschool, elementary, secondary, or community college, area education agency, postsecondary college or university, and their governing boards. This section does not prohibit an educational institution from maintaining separate toilet facilities, locker rooms, or living facilities for the different sexes so long as comparable facilities are provided. Nothing in this subsection shall be construed as prohibiting any bona fide religious institution from imposing qualifica- tions based on religion when such qualifications are related to a bona fide religious purpose or any institution from admitting students of only one sex. B. Examinations And Courses: Any person that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, profes- sional, or trade purposes shall offer such examinations or courses in a place and manner accessible to persons with disabilities or offer alternative accessible arrangements for such individuals. (Ord. 18-09, 4-6-2009) C City of Dubuque TABLE OF CONTENTS TITLE 1 Sister City Relationships Advisory Commission 9 Administration Safe Community Advisory Committee (Rep. by Ord. Dubuque City Code 1 65-12, 12-17-2012) 10 Saving Clause 2 Cable Television Commission . . . 11 Definitions 3 General Penalty 4 Charter 5 TITLE 3 Mayor And City Council 6 Rules And Procedure 6A Revenue And Taxation City Officers And Employees 7 Elections, Precincts And Wards 8 Property Tax 1 Evidentiary Hearings By Revitalization Areas 2 City Council 9 Hotel And Motel Tax 3 Miscellaneous Administrative Economic Development 4 Provisions 10 Industrial Projects 4A Emergency Succession During Enterprise Zone Commission Disaster 11 (Rep. by Ord. 43-14, 6-7-2014) 4B Speculative Shell Buildings Of Community Development TITLE 2 Organizations And For Profit Entities 4C Boards And Commissions Residential Relocation Assistance Program 4D Hearings And Appeals 1 Civil Service Commission 2 Investment Oversight Advisory TITLE 4 Commission 3 Civic Center Advisory Business And License Regulations Commission 4 Housing Agency And Community Business Licenses Generally 1 Development Commissions 5 Liquor Control 2 Municipal Housing Agency And Alcoholic Beverages 2A Governing Board (Rep. by Ord. Liquor, Beer And Wine 26-09, 6-1-2009) 5A Licenses And Permits 2B Housing Commission 5B Excursion Boat Admission Fees . . 3 Community Development Central Market 4 Advisory Commission 5C Solicitor's License 5 Trust Fund Advisory Pawnbrokers And Secondhand Committee 5D Dealers; Junk And Auto Resilient Community Advisory Salvage Dealers 6 Commission 6 Pawnbrokers And Second- Board Of Library Trustees 7 hand Dealers 6A Arts And Cultural Affairs Junk Dealers And Auto Advisory Commission 8 Salvage Dealers 6B August 2017 City of Dubuque TITLE 4 (cont.) Offenses 5 General Offenses 5A Vehicles For Hire And Public Drug Paraphernalia 5B Transportation 7 Crime Property 5C Nonmotorized Vehicles 7A Parental Responsibility 5D Motorized Vehicles For Hire . . . 7B Social Host Responsibility 5E Adult Entertainment Establish- Animal Control 6 ments 8 Miscellaneous Provisions 6A Dogs And Cats 6B Rabies Control 6C TITLE 5 Dangerous Animals 6D Potentially Vicious Dogs 6E Transit System Vicious Dogs And Cats 6F Bicycles 7 Transit Advisory Board 1 TITLE 8 TITLE 6 Human Rights Health, Housing, Sanitation And Environment Definitions; General Provisions . . . 1 Human Rights Commission 2 Health And Safety Regulations . . . 1 Unfair And Discriminatory Food Establishments And Hotel Practices 3 Sanitation 2 Disability Discrimination 3A Ambulances 3 Enforcement Of Civil Rights 4 Nuisances 4 Fair Housing 5 Noises 5 Housing Regulations (Rep. by Ord. 8-16, 4-4-2016, TITLE 9 eff. 7-1-2016) 6 Hazardous Waste, Substances Motor Vehicles And Traffic And Conditions 7 Trees And Weeds 8 General Provisions 1 Fire Prevention Regulations 9 Registration, Certification Of Title, And Proof Of Security Against Financial Liability 2 TITLE 7 Special Antitheft Law 3 Drivers' Licenses 4 Police, Fire And Public Safety Obedience To And Effect Of Traffic Laws 5 Police Department 1 Powers Of Local Authorities 6 Fire Department 2 Operation 7 Emergency Management 3 Pedestrians' Rights And Duties . . . 8 Alarm System Permits 4 Special Stops Required 9 August 2017 City of Dubuque 13-1C-1 13-1C-1 CHAPTER 1 WATER USE AND SERVICE ARTICLE C. RATES SECTION: 13-1C-1: Residential, Commercial, Industrial And All Other Uses 13-1C-2: Fire Sprinkler Service 13-10-3: Construction Use 13-1C-4: Payment Of Bills 13-1C-1: RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND ALL OTHER USES: A. Rates Established: The rates to be charged for water for residential, commercial, industrial and all other uses and purposes by any person, firm or corporation within the city shall be based on units of one hundred (100) cubic feet (748 gallons) or per gallon as follows: Monthly Consumption Charge Per (In Hundreds Of Cubic Feet) Hundred Cubic Feet First 30 $3.67 Next 120 2.90 Next 350 2.69 Next 500 2.38 Next 1,000 2.11 Monthly Consumption (In Gallons) Charge Per Gallon First 22,440 $0.00474 Next 89,760 0.00387 Next 261,800 0.00361 Next 374,000 0.00319 Next 748,000 0.00280 May 2017 City of Dubuque 13-1C-1 13-1C-1 Rates shall be subject to the following minimum monthly charge according to the size of the meter: Monthly Consumption Monthly Meter Size (In Hundreds Of Consumption Minimum (Inches) Cubic Feet) (In Gallons) Charge 5/8 2 1,496 $ 7.09 3/4 5 3,740 17.72 1 8 5,984 28.36 11/2 26 19,448 92.14 2 46 34,408 152.67 3 106 79,288 326.48 4 168 125,664 502.49 6 368 275,264 1,041.79 8 625 467,500 1,696.28 A property owner shall pay a fifty dollar ($50.00) disconnect fee for water service that is disconnected by the city for a meter not in service. When a tenant account is subject to disconnection due to delinquency, the tenant shall pay the fifty dollar ($50.00) disconnect fee. A fifty dollar ($50.00) service call fee shall be charged to property owners or tenant account for those service calls that are determined to be related to customer negligence. A five dollar fifty cent ($5.50) minimum monthly charge shall be assessed for meters not in service. (Ord. 7-17, 3-7-2017, eff. 7-1-2017) B. Rates Outside City Limits: The rates to be charged for water supplied by the city to residential, commercial, industrial and other uses and purposes by any person outside the corporation limits of the city, shall be at one hundred fifty percent (150%) of the rates set forth in subsection A of this section. C. Estimated Billings: For all meters in service, bills will be issued monthly. When a meter is not read monthly for any reason, bills will be issued on estimated consumption. For estimated billings, either on alternate months or when readings are not obtainable for any May 2017 City of Dubuque 13-1C-1 13-1C-2 reason, consumption will be predicated on the monthly average of past usage for the meter. For estimated bills issued for an account in which historical data is not available, billing will be predicated on the minimum charge and related consumption identified for the size of the meter in service for the particular account. D. Adjustments From Estimated Readings: Adjustments from estimated readings will be made when an actual meter reading is obtained. The adjustment will be reflected on the user's next regular bill. (2007 Code § 44-201) 13-1C-2: FIRE SPRINKLER SERVICE: Customers who have fire sprinkler service shall be billed for this service on a monthly basis. The monthly charge shall be as follows: Current Number Of Heads Monthly Charges Up to 200 (minimum) $21.70 200 - 299 26.05 300 - 399 30.34 400 - 599 34.72 600 - 799 39.02 800 - 999 43.39 1,000 - 1,199 47.74 1,200 - 1,399 52.03 1,400 - 1,599 56.38 1,600 - 1,799 60.73 1,800 - 1,999 65.03 2,000 - 2,199 69.39 2,200 - 2,399 73.72 2,400 - 2,599 78.07 2,600 - 2,799 82.41 2,800 - 2,999 86.84 3,000 - 3,499 91.07 Over 3,500 (for each additional 500 4.33 heads or fraction thereof) (Ord. 8-17, 3-7-2017, eff. 7-1-2017) May 2017 City of Dubuque 13-1C-3 13-1C-4 13-1C-3: CONSTRUCTION USE: A. Application For Temporary Water Service; Deposit: When a tempo- rary water service is desired for construction work, application shall be made to the city manager. A deposit equal to the actual cost of the meter and fittings shall be paid in advance. The applicant shall guarantee payment of such water service charges and return said meter in good condition. B. Installation Of Meter: The applicant shall thereupon install a suitable meter, furnished by the city, and shall pay for all water furnished in accordance with the then prevailing water rates including minimum monthly charges. C. Payment Of Charge When Installation Of Meter Impractical: If it is the opinion of the city manager that placement of a meter is imprac- tical, then the deposit for meter and fittings shall not be required, but a charge, as determined by the city manager, after official publica- tion, shall be made, but under no circumstances shall water be used for sprinkling lawns, wetting down yards or compacting of soil unless a meter has been installed on the service, or arrangements have been made for such usage. D. Water Rate For Various Other Purposes: The rate for water charged for other purposes not mentioned herein, such as for circuses, carnivals, fairs, skating rinks, swimming pools, tank wagons and filling cisterns will be made by the city manager when application is made for the same at the water office. (2007 Code § 44-203) 13-1C-4: PAYMENT OF BILLS: A. Locations For Payment Of Bills: Payment of bills may be made at locations that have been designated by the city manager, after official publication. B. Due When Rendered: All utility bills are due when rendered. (Ord. 31-08, 5-5-2008) C. Late Payments; Procedure Upon Delinquency: 1. If a bill remains unpaid twenty five (25) days following the billing date, there will be added to the bill a penalty of five percent (5%) of the total utility bill for late payment. May 2017 City of Dubuque 13-2C-1 13-2C-2 CHAPTER 2 SEWERS AND SEWAGE DISPOSAL ARTICLE C. RATES SECTION: 13-2C-1: Purpose 13-2C-2: Definitions 13-2C-3: Rates Established 13-2C-4: Areas Not Served By Public System 13-2C-5: Lien For Failure To Pay 13-2C-6: Cost Of Collection 13-20-1: PURPOSE: It is hereby determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the city to levy and collect just and equitable charges, rates or rentals upon all lots, parcels of real estate and buildings that are connected directly or indirectly with the sanitary sewage system of the city, the proceeds of such charges or rentals so derived to be used for the purpose of constructing, operating, maintaining and repairing such sewage treatment plant. (2007 Code § 44-82) 13-2C-2: DEFINITIONS: The following words and terms, as used in this article, shall be deemed to mean and be construed as follows: CONTRIBUTOR: Any person responsible for the production of domestic, commercial or industrial waste which is directly or indirectly discharged into the city's sanitary sewer system. SEWAGE SERVICE Any and all rates, charges, fees or rentals CHARGE: levied against and payable by the contributors, including special contracts or agreements which have been or may be negotiated by and May 2017 City of Dubuque 13-2C-2 13-2C-3 between the city, commercial establishments, industries, manufacturing plants or corporations for the purpose of collecting rates, charges, fees or rentals. SEWAGE Any and all units of the municipal sewage treat- TREATMENT PLANT: ment system owned and operated by the city, including the interceptor sewer system, the pumping stations delivering sewage to the plant and the outfall sewer system. WATER The city water department. (2007 Code § 44-81) DEPARTMENT: 13-2C-3: RATES ESTABLISHED: Contributors whose property lies within the corporate limits of the city, except as otherwise pro- vided in this article, shall pay to the city at the same time payment for water services is made, a sewer service charge computed on water consumption on the following rates: (Ord. 10-17, 3-7-2017, eff. 7-1-2017) A. Basic Charges: The sewer rates and charges shall be based on the quantity of water used on or in the property or premises. For all customers utilizing sewer service, bills will be issued on estimated consumption. For estimated billings, either on alternate months, or when a reading on a water meter is not obtainable for any reason, consumption will be predicated on the monthly average of the past usage for the metered account. For estimated bills issued for an account in which historical data is not available, billing will be predicated on the minimum charge and related consumption identi- fied in subsection C7 of this section for the size of the water meter in service for the particular account. (2007 Code § 44-83) B. Schedule Of Rates: Rate per each 100 cubic feet $4.89 Rate per each gallon 0.00654 (Ord. 10-17, 3-7-2017, eff. 7-1-2017) C. Service Charge: 1. When a parcel of real estate, property or building discharging sanitary sewage, industrial wastes, water or other approved waste, May 2017 City of Dubuque 13-2C-3 13-2C-3 either directly or indirectly into the city's sanitary sewer system, is not a user of water supplied by the city water division and the water used thereon or therein is not acceptable to the city, the amount of water used shall be determined by the city in such a manner as the city manager may elect to establish the rate of charge as provided in this article, or the owner or other interested parties at their expense, may install and maintain a meter acceptable to the city for said purposes. 2. When a parcel of real estate, property or building discharging sanitary sewerage, industrial wastes, water or other approved waste, either directly or indirectly into the city's sanitary sewer system, is a user of water supplied by the city water division and in addition uses water from another source which is not measured by a water meter or is measured by a water meter not acceptable to the city, the amount of water used shall be determined by the city in such a man- ner as the city manager may elect in order to establish the rate of charge as provided in this article, or the owner or other interested parties at their expense may install and maintain a meter acceptable to the city for said purposes. 3. When a parcel of real estate, property or building discharging sanitary sewage, industrial wastes, water or other approved waste, either directly or indirectly into the city's sanitary sewer system, is not a user of water supplied by the city water division, the amount of sanitary sewage, industrial wastes, water or other approved waste discharged into the sanitary sewer system shall be determined by the city in such a manner as the city manager may elect in order to establish the rate of charge as provided in this article, or the owner or other interested parties at their expense, may install and maintain a sewage meter acceptable to the city for said purposes. 4. The city council may, in its discretion, when applicable, permit connection to the city sanitary sewer system of properties located outside the corporate limits upon such terms and conditions as it may establish; provided, however, that such terms shall not be more favorable to such property than rates herein established for city users. 5. In order that the rates and charges may be modestly and equitably adjusted to the service rendered, the city shall have the right to base its charges not only on volume, but also on the strength and content of the sewage and wastes of the user. The city shall have the right to measure and determine the strength and content of all sewage and wastes discharged either directly or indirectly into the May 2017 City of Dubuque 13-2C-3 13-2C-4 city's sanitary sewer system, in such manner and by such methods as it may deem practicable in the light of the conditions and circumstances of the case in order to determine the proper charge. Extra charges will be applicable and negotiated with users on an individual account basis when concentration of the sewage exceeds three hundred milligrams per liter (300 mg/I) of biochemical oxygen demand, three hundred fifty milligrams per liter (350 mg/I) of suspended solids or two percent (2%) or more of the flow rate into the sewage treatment plant. 6. The rates and charges may be billed to the tenant and tenants occupying the properties served, unless otherwise requested in writing by the owners, but such billings shall in no way relieve the owner from liability in the event payment is not made as required in this article. (2007 Code § 44-83) 7. Where the quantity of water consumed is such that the minimum of service is charged, the minimum sewer service charge, according to the size of the meter, shall be as follows: Meter Size Minimum Allowance Allowance (Inches) Charge (Cubic Feet) (Gallons) 5/$ $ 9.78 200 1,496 3/4 24.45 500 3,740 1 or larger 39.12 800 5,984 (Ord. 10-17, 3-7-2017, eff. 7-1-2017) 13-2C-4: AREAS NOT SERVED BY PUBLIC SYSTEM: The rates, service charges, rentals or fees as provided in this article shall become effective at the time sewage from the contributors is first directed to the sanitary sewer system. At the time sanitary sewers are con- structed in areas not now served by a sanitary sewer system, contributors shall be granted a reasonable time to make connection to the sewer. The effective date of the sewage service charge and the reasonable time to connect to the sanitary sewer system will be determined by the city manager. (2007 Code § 44-84) May 2017 City of Dubuque 13-6A-4 13-6A-6 the street for more than twenty four (24) hours after the scheduled collection day. D. Early Placement: All solid waste shall be placed at the designated collection location for City collection by six o'clock (6:00) A.M. on the scheduled collection day. E. Duty When Solid Waste Not Collected: Any solid waste not in compliance with this chapter shall not be collected by the City and shall be removed by the owner within twenty four (24) hours after the scheduled collection day and stored in such a manner as not to create a health, safety or fire hazard. (Ord. 27-17, 6-5-2017) 13-6A-5: OWNERSHIP OF MATERIALS; UNAUTHORIZED COL- LECTING PROHIBITED: From the time of placement for col- lection as provided in section 13-6A-4 of this article, all solid waste and recyclable materials and recycling containers which meet the requirements of this chapter placed for collection by the City shall become and be the property of the City and it shall be a violation of this section for any person other than authorized personnel of the City to collect, pick up, or cause to be collected or picked up, any such materials. (2007 Code § 40-35) 13-6A-6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS: A. Class I Premises: Except as qualified below, a fee of fifteen dollars eleven cents ($15.11) per dwelling unit per month shall be paid to the City by the property owner of each Class I premises for such services. Said fee shall be in payment for collection and disposal of one (1) 35-gallon can or one (1) 35-gallon trash bag of "solid waste" as defined in this chapter. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined in this chapter. Exceptions to the collection charges for Class I premises are as follows: (Ord. 9-17, 3-7-2017, eff. 7-1-2017) 1. When a Class I premises has been vacant for a period not less than three (3) consecutive months, the owner may apply to the City Manager for a credit under procedures to be established by the City Manager. Such credit shall continue only so long as the Class I premises is vacant. 2. Class I premises when the head of the household is sixty five (65) years of age or older and has an annual income equal to or less August 2017 City of Dubuque 13-6A-6 13-6A-6 than the income standards used by HUD for its "Section 8 Housing Program" for one (1) and two (2) person households may, upon application to the City Manager, be exempted from one-half (1/2) the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. 3. In cases of extreme financial hardship, the City Manager may, and is hereby authorized and empowered to, make adjustments in the monthly collection charges as the City Manager may deem appropri- ate. In such cases, the City Manager shall have the authority to require such proof of vacancy, financial status, age or extreme hardship, as the City Manager may deem necessary. 4. Class I premises when a family household of five (5) or more persons has an annual income equal to or less than the income standards used by HUD for its "Section 8 Housing Program" for the size of that household may, upon application to the City Manager, be exempted from one-half (1/2) the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. (Ord. 4-16, 3-14-2016, eff. 7-1-2016) B. Class II Premises: 1 . A fee of fifteen dollars eleven cents ($15.11) per month shall be paid to the City by the property owner of each Class II premises for such services. Said fee shall be in payment for collection and disposal of one (1) 35-gallon can or one (1) 35-gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. (Ord. 9-17, 3-7-2017, eff. 7-1-2017) 2. The owner of a Class II premises served by the City solid waste collection may provide the City Manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. (Ord. 4-16, 3-14-2016, eff. 7-1-2016) C. Class III Premises: 1. A fee of fifteen dollars eleven cents ($15.11) per month shall be paid to the City by the property owner of each Class III premises for such services. Said fee shall be in payment for collection and August 2017 City of Dubuque 13-6A-6 13-6A-6 disposal of one (1) 35-gallon can or one (1) 35-gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. (Ord. 9-17, 3-7-2017, eff. 7-1-2017) August 2017 City of Dubuque r r 13-6A-7 13-6A-8 to be established by the city manager. The property owner in such cases shall provide any information on each tenant's mailing address to aid in the collection of fees for city services. In all cases, the property owner shall remain liable for the payment of all charges required by this chapter. B. Monthly Billing: All accounts shall be billed monthly. The payment of bills is subject to the terms of section 13-1C-4 of this title. C. Unpaid Billing For Class I Premises: The collection of solid waste provided class I premises and the maintenance of the availability of such service, whether or not such service is used regularly or not at all by the owner of such class I premises, is hereby declared a benefit to said premises at least equal to the monthly charges specified, and in case of failure to pay the monthly charge when billed as heretofore provided, then the monthly charge shall become a lien against the property benefited or served and shall be collected in the same manner as general property taxes. (Ord. 29-08, 5-5-2008) D. Certify Delinquent Accounts To County Treasurer: It is the duty of the finance director-city treasurer to certify the actual rates and fees plus the costs of administration to the county treasurer as provided in section 13-1C-4 of this title and all such costs will constitute a lien against said property and be collected with and in the same manner as general property taxes on said property. (Ord. 56-12, 9-17-2012) 13-6A-8: YARD WASTE AND FOOD SCRAPS: A. Separation Of Yard Waste: Yard waste shall be separated by the owner of a premises from all other solid waste. B. Composting: An owner may compost such person's own yard waste and food scraps on such person's own premises, provided the same is stored in such a manner as to not create a fire, health or safety hazard. C. Collection Schedule For Yard Waste: Yard waste that has not been composted shall be collected by the city not more than once each week according to the collection schedule established by the city manager. D. Preparation Of Waste: Containerized yard waste collected by the city shall be placed in degradable paper bags with an affixed single use July 2016 City of Dubuque 13-6A-8 13-6A-8 sticker or in rigid waste containers with an affixed single use tag or in permanent waste containers with an affixed annual yard waste decal or in a subscribed sixty five (65) gallon city owned yard waste cart or be contained by tying devices approved by the city manager. The charges for collection and disposal of "yard waste" as defined shall be as follows: 1. The fee for tying devices approved by the city manager shall be one dollar thirty cents ($1.30) each. 2. The fee paid to the city by a customer of record with the city for an annual yard waste decal for a rigid waste container shall be thirty five dollars ($35.00) each through June 30 of each year. The fee shall be reduced by one-half (1/2) on July 1 of each year and again by one-half (1/2) on September 1 of each year. A decal shall only be used by the customer of record with the city who purchased it. 3. The fee for single use stickers shall be one dollar thirty cents ($1.30) each. 4. The fee paid to the city for subscription to a sixty five (65) gallon city owned yard waste cart shall be eleven dollars ($11.00) per month. 5. The minimum fee paid to the city for collection of a scheduled leaf rake out is twenty dollars ($20.00) for a forty (40) standard leaf bag equivalent pile of leaves in the parking lane at the curb. E. Food Scrap Collection Program Subscribers: Subscribers to the food scrap collection program shall set out city owned carts containing food scraps and other compostable materials. SUBSCRIBER WEEKLY FOOD SCRAP COLLECTION SERVICES Customer Class Cart Size Monthly Rates City refuse customers and K - 12 13 gallon $ 1.00 schools 48 gallon 8.00 64 gallon 11.00 Commercial customers without city 13 gallon 4.00 refuse collection 48 gallon 15.00 64 gallon 20.00 July 2016 City of Dubuque 14-1J-3 14-1J-3 owner, manager, or licensed real estate professional is not available for maintenance of the dwelling for which a license is sought. The agent must have the same authority and responsibility as the prop- erty owner for maintaining the rental unit(s). C. Duty To Report Changes: The property owner or registered manager or real estate professional is responsible to inform the city of any subsequent changes to any information on the rental license applica- tion which has changed at the time of such changes, and at any time changes occur after the initial registration. D. Rental License Fees: The city council, by resolution, establishes a fee schedule to defray the costs of inspections, enforcement, and administration of the provisions of this code. E. Rental License Term: 1. Rental licenses will be issued for a term of one year. A rental license issued during the course of the year will be put on the standard cycle for rental license expiration which may result in a prorated rental license term of less than one year. 2. If a property owner, manager, or licensed real estate professional is designated a priority category under section 14-1J-4 of this article, the city manager may reduce the term of the rental license from an annual license to a quarterly license until such time as the priority category has gone twelve (12) consecutive months without a viola- tion which would qualify the individual for priority category status. F. Annual License Renewal: 1. Rental licenses must be renewed annually, upon notice issued by the city manager to the property owner or registered manager or licensed real estate professional holding the rental license(s). 2. Application for renewal of a rental license may be made within sixty (60) days prior to the expiration of an existing rental license. 3. Application for renewal of rental licenses will be sent at the beginning of each calendar year and must be remitted within sixty (60) days. G. Renewal Fees Due: Renewal fees will be invoiced at the beginning of each calendar year and must be remitted within sixty (60) days. Failure to pay required fees is a violation of this code and may result November 2016 City of Dubuque 14-1J-3 14-1J-3 in monetary penalties, license suspension, license revocation, issu- ance of a notice to vacate to tenants, and/or issuance of municipal infractions. H. Rental License Not Transferable: Rental licenses are not transfer- able from one property to another. Rental licenses are not transfer- rable from one owner to another in the event of property sale. It is the responsibility of the property owner, manager, or licensed real estate professional holding a rental license to provide the city manager written notice, within five (5) working days, of transferring or otherwise disposing of ownership or control of the property. The notice must include the available information on the buyer. It is the responsibility of the property buyer to license the property in his/her name or company name. Conditions Of Rental Licenses: The city manager is hereby author- ized to issue and renew a rental license in the name of the applicant property owner, manager, or licensed real estate professional, provided the following criteria are met: 1. Property Maintenance Code Warranty: The rental unit is warranted by the property owner, manager, or licensed real estate professional to substantially comply with the property maintenance code. 2. Fees: All fees required pursuant to the issuance of a rental license are paid in full to the city. 3. Successful Rental Property Management Class: a. The property owner or manager has completed the successful rental property management class (the program) or a program of continuing education approved by the city manager. b. Until such time as the property owner or manager has com- pleted the program or an equivalent program of continuing education approved by the city manager, only a temporary rental license may be issued. c. A property owner or manager who has completed the program since 2000, according to the city's records, or who can provide other proof of completion, will be exempted from this requirement. d. Licensed real estate professionals are exempted from the program attendance requirement. November 2016 City of Dubuque 14-1J-3 14-1J-3 e. The city manager may waive the program requirement upon the submission of a written request by a property owner, manager, or licensed real estate professional and after finding that: (1) The property is properly licensed by the city of Dubuque; (2) The property has no history of priority category designa- tion or any founded code violations within the previous twelve (12) months; and (3) A waiver will not provide the property owner with an unfair advantage in a competitive real estate market. 4. Criminal Background Checks: a. The property owner, manager, or licensed real estate pro- fessional agrees to conduct background checks for all prospective tenants whose tenancy commences on or after July 1, 2011. A back- ground check may be performed using the city's free background check service or by another background check service approved by the city manager. b. The city manager may waive the criminal background check requirement upon the submission of a written request by a property owner, manager, or licensed real estate professional and after a finding that: (1) The property is properly licensed by the city of Dubuque; (2) The property has no history of priority category designa- tion or any founded code violations within the previous twelve (12) months; and (3) A waiver will not create a danger to nearby residents. (Ord. 30-16, 6-20-2016, eff. 7-1-2016) J. Suspension And Revocation Of Rental License: 1. Causes: The city manager may, for good cause, suspend or revoke a rental license for a rental unit, and in the case of a multi- family dwelling, suspend the license as to one or more rental units for a period not to exceed one year for any of the following: a. Conviction, judgment, plea of guilty, or finding of guilt of the licensee for violation of any provision of the property maintenance code; May 2017 City of Dubuque 14-1J-3 14-1J-3 b. Misrepresentation by the licensee of any material fact in the application for a rental license; c. Refusal by the licensee to permit inspection of the licensed rental unit(s) by authorized city personnel; d. Nonpayment of the fee for renewal of the rental license; e. Failure to attend the successful rental property management class; or f. Failure to perform a required criminal background check on an applicant for tenancy after July 1, 2011; g. Failure of a priority category to comply with an inspection schedule or pay inspection fees. Tenants will be relocated from the rental unit at the priority category's expense. 2. Opportunity To Appeal: Prior to any suspension or revocation under this subsection, the city manager must give notice in writing to the property owner, manager, or licensed real estate professional and provide for an opportunity to appeal. 3. Period Of Revocation Or Suspension: During the period of revoca- tion or suspension, a unit for which the rental license was suspended or revoked may not be relicensed. 4. Notice To Licensee: The city manager shall cause to be issued to the licensee a notice that the license is suspended or revoked, setting forth the reason(s) therefor. The notice shall be sent by certified United States mail to the licensee at the address on file with the city manager. 5. Appeal: The licensee may appeal the decision of the city manager to the housing board of appeals. An appeal must be filed, in writing, within twenty (20) days from the date of the notice of suspension or revocation. 6. Notice To Tenant: Upon suspension or revocation the city man- ager must give written notice of the suspension or revocation of the license to each tenant, requiring the tenant to vacate the premises within a time frame determined by the city manager. Any tenant who fails to vacate the premises after such time shall be subject to penal- ties under title 1, chapter 4 of this code. (Ord. 16-17, 4-17-2017) May 2017 City of Dubuque -B- -B- BOARDS AND COMMISSIONS (cont.) Hearings And Appeals 2-1 Historic Preservation Commission 16-10 Housing Agency And Community Development Commissions 2-5 Community Development Advisory Commission 2-5C Housing Commission 2-5B Trust Fund Advisory Committee 2-5D Housing Board Of Appeals 14-1J-7 Human Rights Commission 8-2 Investment Oversight Advisory Commission 2-3 Long Range Planning Advisory Commission 15-2 Mechanical And Plumbing Code Board 14-1F-4, 14-1H-7 Park And Recreation Advisory Commission 10-5A-2 Resilient Community Advisory Commission 2-6 Sister City Relationships Advisory Commission 2-9 Transit Advisory Board 5-1 Zoning Advisory Commission 16-9 Zoning Board Of Adjustment 16-8 BOATS, BOATING AND WATERFRONT STRUCTURES Boat Landing Areas 10-7-4 Conducting Trade Or Business In Pleasure Craft Spaces 10-7-7 Definitions 10-7-2 Driving Over Ice 10-7-14 Floats, Boathouses Maintained In Orderly Condition 10-7-6 Intent 10-7-1 Launching, Removing Boat From Water At Public Launching Ramps 10-7-8 Mooring Of Boathouses And Floats Along Waterfront 10-7-5 No Parking Areas 10-7-12 Places And Hours Of Restriction 10-7-13 Removal Of Sunken, Derelict Or Abandoned Craft 10-7-11 Repairs To Boats At Public Launching Ramps 10-7-9 Unlawful Deposits 10-7-3 Water Operation Rules 10-7-10 August 2017 City of Dubuque -L- -M- LIQUOR CONTROL (cont.) Liquor, Beer And Wine Licenses And Permits Action By Council; Forwarding Of Documents To State 4-2B-9 Application; Bond 4-2B-3 Application For Renewal 4-2B-14 Effect Of Revocation 4-2B-18 Fees And Surcharges 4-2B-8 Hearing 4-2B-17 Investigation Of Applicant And Premises 4-2B-5 License Or Permit Required 4-2B-1 Nature And Scope Of License Or Permit 4-2B-10 Persons Eligible 4-2B-4 Proof Of Financial Responsibility 4-2B-7 Requirement For Premises 4-2B-6 Separate Permits Required For Separate Locations 4-2B-2 Surrender Of Permit Or License; Refund Of Fee 4-2B-12 Suspension And Revocation Generally; Grounds 4-2B-15 Suspension And Revocation; Notification; Specific Terms 4-2B-16 Term Of License Or Permit; Seasonal Licenses And Permits 4-2B-13 Transferability As To Location 4-2B-11 Open Containers In Motor Vehicles 9-7-321.284 Open Containers In Motor Vehicles; Passengers 9-7-321.284A LITTERING 7-5A-5 LIVESTOCK (See Also ANIMAL CONTROL) 7-6 LONG RANGE PLANNING ADVISORY COMMISSION 15-2 M MAILBOXES General 10-3F-1 Nuisance 10-3F-4 Permit 10-3F-2 Placement And Design 10-3F-3 MANAGER, CITY 1-7-4 MAYOR AND CITY COUNCIL Compensation 1-6-2 Composition; Terms 1-6-1 Emergency Succession For Mayor And Council Members 1-6-4 Evidentiary Hearings By City Council 1-9 Mayor Pro Tern 1-6-3 Rules And Procedure Amendments To Motions 1-6A-8 Attendance Of Media At Council Meetings 1-6A-5 November 2016 City of Dubuque -M- -M- MAYOR AND CITY COUNCIL (cont.) Chart Of Preference Of Motions 1-6A-9 Committees, Boards And Commissions Established 1-6A-13 General Rules 1-6A-2 Motions 1-6A-7 Motions For Special Purposes 1-6A-10 Order Of Business And Agenda 1-6A-11 Ordinances, Resolutions And Motions 1-6A-12 Presiding Officer 1-6A-6 Purpose 1-6A-1 Records 1-6A-4 Rights Of Public 1-6A-14 Suspension Of Rules 1-6A-15 Types Of Meetings 1-6A-3 MECHANICAL CODE Fees 14-1F-3 International Mechanical Code Adopted 14-1F-1 International Mechanical Code Amendments 14-1F-2 Mechanical And Plumbing Code Board 14-1F-4 MEETINGS Airport Commission 12-4-10 Airport Zoning Board Of Adjustment 12-6-10 Airport Zoning Commission 12-5-10 Arts And Cultural Affairs Advisory Commission 2-8-10 Cable Television Commission 2-11-10 i City Council 1-6A-3 Civic Center Advisory Commission 2-4-10 Civil Service Commission 2-2-10 Historic Preservation Commission 16-10-1J Housing Commission 2-5B-10 Investment Oversight Advisory Commission 2-3-10 Long Range Planning Advisory Commission 15-2-10 Park And Recreation Advisory Commission 10-5A-2 Resilient Community Advisory Commission 2-6-10 Sister City Relationships Advisory Commission 2-9-10 Transit Advisory Board 5-1-10 Zoning Advisory Commission 16-9-3B MINORS Adult Entertainment Establishments, Minors Prohibited In 4-8-16F Alcoholic Beverages, Regulations Regarding 4-2A-7 Child Restraints In Vehicles 9-12-321.446 Junk Dealers And Auto Salvage Dealers, Purchases From Minors Restricted 4-6B-11A Parental Responsibility For 7-5D November 2016 City of Dubuque -M- -M- MINORS (cont.) Pawnbrokers And Secondhand Dealers, Purchases From Minors Restricted 4-6A-12 Social Host Responsibility 7-5E Tobacco Products To Underage Persons 7-5A-15 Underage Persons Entering Gambling Facilities 7-5A-14 MISDEMEANOR (See Also GENERAL PENALTY, CITY CODE) 1-4 MOTOR VEHICLES AND TRAFFIC Drivers' Licenses Generally Operation Of Motor Vehicle With Expired License . 9-4-321.174A Operation Without Registration 9-4-321.98 Operator's License; Operation Of Commercial Motor Vehicles 9-4-321.174 Restricted Licenses 9-4-321.193 Licensees And Nonoperators Identification Cards; Violations Employing Unlicensed Chauffeur 9-4-321.221 Inspection Of License Prior To Renting 9-4-321.223 July 2016 City of Dubuque i -R- -S- RIGHTS-OF-WAY (cont.) Transfers And Assignments 11-1-11 Undergrounding 11-1-12 Procedure For Licensing Electric Transmission Line Companies 11-6 RUNNING AT LARGE, ANIMALS 7-6B-7 S SAFETY BELTS AND SAFETY HARNESSES IN VEHICLES . . . . 9-12-321.445 SAVING CLAUSE, CITY CODE Effect Of Repeals 1-2-2 Severability Of Parts Of Code 1-2-1 SEAL, CITY 1-10-4 SECONDHAND DEALERS (See Also PAWNBROKERS AND SECONDHAND DEALERS; JUNK AND AUTO SALVAGE DEALERS) 4-6A SEWERS AND SEWAGE DISPOSAL Certain Disposal Methods Prohibited 13-2-2 Conformance With City Plumbing Rules And Regulations 13-2-5 Connection To Public Sewer 13-2-3 Connections Prior To Improving Streets 13-2-4 Construction, Maintenance And Operation Costs 13-2-6 Definitions 13-2-1 Destruction Of Sewage Works Property 13-2-8 Discharge Regulations Authority To Enter Easement Property For Sewage Works Inspection And Repair 13-2A-10 Authority To Enter Properties For Testing Discharges 13-2A-9 Authority To Regulate Discharge Of Harmful Substances 13-2A-4 Discharge Of Harmful Substances 13-2A-3 Discharge Of Objectionable Items 13-2A-2 Discharge Of Stormwater And Other Unpolluted Drainage 13-2A-1 Manholes, Meters And Sampling Equipment 13-2A-7 Responsibilities Of Owners Of Treatment Or Flow Equalizing Facilities 13-2A-6 December 2017 City of Dubuque c -S- -S- SECONDHAND DEALERS (See Also PAWNBROKERS AND SECONDHAND DEALERS; JUNK AND AUTO SALVAGE DEALERS) 4-6A SEWERS AND SEWAGE DISPOSAL Certain Disposal Methods Prohibited 13-2-2 Conformance With City Plumbing Rules And Regulations 13-2-5 Connection To Public Sewer 13-2-3 Connections Prior To Improving Streets 13-2-4 Construction, Maintenance And Operation Costs 13-2-6 Definitions 13-2-1 Destruction Of Sewage Works Property 13-2-8 Discharge Regulations Authority To Enter Easement Property For Sewage Works Inspection And Repair 13-2A-10 Authority To Enter Properties For Testing Discharges 13-2A-9 Authority To Regulate Discharge Of Harmful Substances 13-2A-4 Discharge Of Harmful Substances 13-2A-3 Discharge Of Objectionable Items 13-2A-2 Discharge Of Stormwater And Other Unpolluted Drainage 13-2A-1 Manholes, Meters And Sampling Equipment 13-2A-7 Responsibilities Of Owners Of Treatment Or Flow Equalizing Facilities 13-2A-6 July 2016 City of Dubuque