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Code of Ordinances — Adoption of Supplement No. 30 Copyrighted November 5, 2018 City of Dubuque Consent Items # 29. ITEM TITLE: Code of Ordinances —Adoption of Supplement No. 30 SUMMARY: City Clerk recommending adoption of Supplement No. 30 to the City of Dubuque Code of Ordinances. RESOLUTION Adopting Supplement No. 30 to the Code of Ordinances of the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Staff Memo Staff Memo Code Supplement No. 30 Supporting Documentation Resolution Supporting Documentation T E CITY C�F Al�e�caGl�y _ � I�Iasterpiece an the 1Vlississippi Z�Q�•zo�2•zaza TO: Honorable Mayor and City Council Members FROM: Kevin S. Firnstahl, City Clerk SUBJECT: Adoption of Supplement No. 30 to the Code of Ordinances DATE: October 31, 2018 INTRODUCTION The purpose of this memorandum is to submit to City Council a resolution adopting Supplement No. 30 to the Code of Ordinances of the City of Dubuque. DISCUSSION The attached resolution provides for the adoption of Supplement No. 30 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 21-18, 22-18, 23-18, 24- 18, 26-18, 27-18, 28-18, 30-18, 34-18, 35-18, 36-18 and 37-18 as adopted by City Council through September 2018. Supplements to the Code of Ordinances are prepared by Sterling Codifiers, Inc., of Coeur d'Alene, Idaho. ACTION STEP The requested action is for the City Council to pass the resolution adopting Supplement No. 30 as a part of the Code of Ordinances of the City of Dubuque. /ksf Prepared by Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 RESOLUTION NO. 328-18 ADOPTING SUPPLEMENT NO. 30 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution, become part of the Code of Ordinances. Whereas, Code Supplements are prepared by the Sterling Codifiers, Inc., and filed in ,the Office of the City Clerk of the City of Dubuque, Iowa. NOW THEREFORE BE IT 'RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 30 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 21-18, 22-18, 23-18, 24-18, 26-18, 27-18, 28-18, 30-18, 34-18, 35-18, 36-18 and 37-18 as adopted by City Council through September 2018, is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of November 2018. Attest: Roy D. Buol, Mayor _ . _ _ _ �3Q ��'��'� � �� ` �� ., _ ; STERLING :CODIFTERS . 3906 Schreiber Way ��i ��,��f� ��fi�� Coeur d'Alene, ID 83815 ��J�;� ,�� :(208) 665-7193 � INSTRUCTION SHEET:' DUBIJQUE,' lowa ` Supplemenf No. 30/October, 2018 � Includes Orclinances: 21=18, 22-18, 23-18;2�4-18, 26-18, 27-18,��: � � � 28-18� 30-18; 34=18, 35-18,�36-18 and 37-18 v� REMOVE PAGE HEADED INSERT NEW PAGE HEADED: VOLUME 41 Prefa'ce Pr�face TITLE 1:, : 1-6-1; Chapter 6, Mayor And City Council ' 1-6-1; Chapter 6, Mayor And Ci`ty Council and=following page TITLE 6: 6-5 1; Chap�er 5, Noises 6-5-1; Chapter 5, Noises: and following two page;s and#ollowing fwo page:s ' TITLE 7: ' 7-5A-2, B: Refusing To Assist Police Officer 7-5A 2, B. Refusing To,Assist Police Officer and following page 7-6A-1, Chapfier 6; Article A. Miscellaneaus :. 7-6A-1, Cha"pter 6, Article A. Miscellaneous ' and following page . ' TITLE 9: 9-15-321 750, Cha:pter 1,5; Irnpoundrnent Of ' 9-15-321.750, Chapter 15, I.mpoundment Of and following two pages and following two pages � : � TITLE 10: ' ' , r 1.0-5A-1, Chapter 5, Article;�A. Administration: 10-5A-1, Chapter 5, Article A. Administration. and '.following page and follawing page ` 10-5B-18, 1 Q-5B-18: Loosening Stones From 10-5B-18, 10-5B-18: Loosening Stones From and:following page and following page �/OLUME Il TITLE 13: 13-2D-4, 12: Any trucked or hauled poilutants 13-2D'-4, 12.Any trucked or hauled pollutants — _ ---TITLE-14:= ---- - -- - - - - - - - -- - _ - - � .14�1J=2, Section 308.2.1.�Rubbish Storage� ` `14-1J-2, Section 308,2.1..Rubbish Storage and:following four pages and following four pages REMOVE PAGE HEADED " INSERT NEW PAGE HEADED ;;. � TITLE 14 (cont.) 14-4-1, Chapter 4, 'L,icensing Of Uacant And/Or 14-4-1,Chapter4, Licensing Of.VacantAnd/Or ' and following four pages and f,ollowing four pages '��INDEX: - -M-, Motor Vehicles And Traffic..., Permitting.' -M-, Motor Vehicles;.And Traffic..;, Permitting � ; � � � .__ _ = - . _—. ��__ .-,._ -- . .-- �.. .� _ _-_ __ � ..� �� . _ .-- -�. � -.— - - - - - - �. 1-6-1 1-6-3 l � � � CHAPTER 6 � � MAYOR AND CITY COUNCIL �� SECTION: � �i <� � 1-6-1: Composition; Terms � � 1-6-2: Compensation � 1-6-3: Mayor Pro Tern 1-6-4: Emergency Succession For Mayor And Council Members � �I � �I � !i 1-6-1: COMPOSITION; TERMS: The City Council consists of a Ij Mayor and two (2) Council memb�rs el�cted at large, and one � Council member elected from each of the four (4) wards. The Mayor and �I' other Council members serve four (4) year staggered terms. The Mayor is a ,; member of the City Council and may vote on all matters before the Council. ; � (2007 Code § 2-20) i' 1-6-2: COMPENSATION: Effective January 1, 2018, the compensa- � tion for the Mayor shall be thirteen thousand eight hundred � dollars ($13,800.00) per annum, and the cornpensation for the City Council members shall be ten thousand three hundred dollars ($10,300.00) per annum. (Ord. 40-17, 9-5-2017) i i 1-6-3: MAYOR PRO TEM: � A. Term Of Mayor Pro Tem: The term of Mayor Pro Tem shall be eight � (8) months. B. Designation Of Mayor Pro Tem: Council members shall serve as Mayor Pro Tem in the following order: 1) at large Council member elected to two (2) year term; 2) Ward Two Council member; 3) Ward Four Council member. Thereafter, Council members shall serve as Mayor Pro Tem in the following order: 1. At large Council member with two (2) years of term remaining; � October 2018 City of Dubuque 1-6-3 1-6-4 t 2. Ward One Council member; � 3. Ward Three Council member; 'i � 4. At large Council member with two (2) years of term remaining; 5. Ward Two Council member; i s 6. Ward Four Council member. ' !� V C. Vacancy: In the event of a vacancy in the office of a Council member � while such Council member is serving as Mayor Pro Tem, the person appointed or elected to fill such vacancy shall serve the remainder of ' the term of Mayor Pro Tem. � ,, t D. Absence Of Mayor And Mayor Pro Tem: When the Mayor and the Mayor Pro Tem are absent or unable to act, the Council members in ' the following order of succession shall perform the Mayor's duties: � i, 1. Council member at lar e who has served the lon er consecutive �� 9 9 li term in office; then Council member at large who has served the I; shorter consecutive term in office; in the event their terms are the '; same, then in alphabetical order. �� 2. Ward Council member who has served the longest consecutive � term in office; then ward Council member who has served the next � longest consecutive term in office, and so on; in the event that the i consecutive terms of ward Council members in such order are the ;; same, then in alphabetical order. (Ord. 24-18, 7-2-2018) � � ; ; 1-6-4: EMERGENCY SUCCESSION FOR MAYOR AND COUNCIL �I MEMBERS: �i A. Order Of Succession: When the Mayor and the Mayor Pro Tem are � absent or unable to act, the Council members in the following order � of succession shall perform the Mayor's duties, except that a succeeding Council member may not appoint, employ or discharge officers or employees without the approval of the City Council: 1. Council member at large who has served the longer consecutive term in office; then Council member at large who has served the shorter consecutive term in office; in the event their terms are the same, then in alphabetical order. � October 2018 City of Dubuque tl� 1-6-4 1-6-4 � � � 2. Ward Council member who has served the longest consecutive r terrn in office; then ward Council member who has served the next � longest consecutive term in office, and so on; in the event that the ry consecutive terms of Council members in such order are the same, � then in alphabetical order. �, � B. official Actions Legal And Binding: Official actions of a succeeding � ,. Council member when the Mayor and Mayor Pro Tem are absent or unable to act are legal and binding to the same extent as if done by � i the Mayor or Mayor Pro Tem. A succeeding Council member retains � 4 � , all the Council member's powers as a member of the City Council. (Ord. 67-05, 12-5-2005) ; �; ; , ; i ; I i y �� i i 'I i �; 4 � � , 1 j N � � � \ � � October 2018 City of Dubuque � � � P I � 4 � g � � � � � i i� ��I �i �,{ ;i �; I�i ',i !i ; ��i � ; � 'i � p � i � � � � G 6-5-1 6-5-1 � � CHAPTER 5 . NOISES � , � SECTION: � I � 6-5-1: Prohibited Noises � 6-5-2: Unlawful Use Of Buildings �'; 6-5-3: Exempt Noises � 6-5-4: Residential Air Conditioners 'I� 6-5-5: City Contracts, Contractors And Subcontractors ji 6-5-6: Enforcement !i 6-5-7: Variance Permits i I I; �� 6-5-1: PROHIBITED NOISES: No person shall cause or permit any ;; loud and excessive noise that results in annoyance or dis- ;i � comfort to a reasonable person of normal sensitivities. Without limiting or �! precluding enforcement of any other provision of this chapter or this Code, �, the following are hereby prohibited: �I A. Horns, Signaling Devices: The sounding of any horn or signaling � device such as that on any automobile, motorcycle, bus or other � , vehicle on any street or public place of the City, except as a danger � warning, or the sounding of any such device for an unnecessary and unreasonable period of time. �B. Crying Of Wares: The sale by outcry within any area of the City � zoned for residential uses. However, this subsection shall not be � construed to prohibit the selling by outcry of inerchandise, food and ° � beverages at licensed sporting events, parades, fairs, circuses and other similar licensed public entertainment events, nor to prohibit the selling of newspapers by outcry. C. Animals And Fowl: The keeping of, upon any premises owned, occu- pied or controlled by any person, any animal or fowl otherwise per- mitted to be kept which, by any sound or cry, shall cause annoyance or discomfort to a reasonable person of normal sensibilities. � October 2018 City of Dubuque � 6-5-1 6-5-1 � D. Loading, Unloading, Opening Boxes: The creation of any loud and � excessive noise in connection with loading or unloading any vehicle � or the opening and destruction of bales, boxes, crates and contain- � ers. ;; � 3 E. Schools, Courts, Churches, Hospitals: The creation of any loud and � excessive noise on any street adjacent to any school, institution of � learning, church or court while same is in use, or adjacent to any ;, hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the i j hospitaL � � F. Construction: The creation of any loud or excessive noise resulting ' from erection, excavation, demolition, alteration or repairs related to �1 any structure, infrastructure, or building except between the hours of ! seven o'clock (7:00) A.M. and eight o'clock (8:00) P.M., Monday � through Friday, and nine o'clock (9:00) A.M. and six o'clock (6:00) i P.M. on Saturday and Sunday. ',i i G. Pile Drivers, Pneumatic Hammers: The operation of any pile driver, pipe ramming, pneumatic hammer, or similar construction equipment, i� except between the hours of eight o'clock (8:00) A.M, and six o'clock �; (6:00) P.M., Monday through Friday, and nine o'clock (9:00) A.M. � i and six o'clock (6:00) P.M., Saturday and Sunday, and when so per- � ! mitted, only if equipped with an effective muffling device. � H. Refuse Or Recyclables Collection: The collection of garbage, trash, refuse or recyclables in any area zoned residential except between % the hours of six o'clock (6:00) A.M. and nine o'clock (9:00) P.M. of any day and, when so permitted, only in a manner so as not to i create a loud or excessive noise. � � I. Vehicle Repairs: The creation of loud and excessive noise resulting from the repair or rebuilding of any motor vehicle within any residen- tial area of the City except between the hours of nine o'clock (9:00) ,; A.M. and nine o'clock (9:00) P.M. daily but only in such a manner � that a reasonable person of normal sensitivities residing in the area will not be caused discomfort or annoyance. J. Exhausts: The discharge into the open air of the exhaust of any engine, including a steam engine, internal combustion engine, motor- boat or motor vehicle or the discharge of air or other gases except through a muffler or other device that will effectively prevent loud or explosive noises therefrom. � October 2018 � City of Dubuque � � 6-5-1 6-5-3 %� l K. Stationary Machinery, Equipment And Fans: The operation of any immobile machine, equipment, pump, fan or similar mechanical device in any manner so as to create any loud and excessive noise. � L. Loud, Unnecessary Or Unusual Noise: Notwithstanding any other d provision of this chapter or Code, and in addition thereto, it shall be ti unlawful for any person to make or continue or cause to be made or �� continued any loud, unnecessary, or unusual noise which disturbs � the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivities. i C �i M. Outdoor Music Or Amplified Noise: `,� y 1. The making or continuing to make any outdoor music or amplified G noise between the hours of ten o'clock (10:00) P.M. on Sunday and � nine o'clock (9:00) A.M. on Monday, ten o'clock (10:00) P.M. on Monday and nine o'clock (9:00) A.M. on Tuesday, ten o'clock (10:00) � P.M. on Tuesday and nine o'clock (9:00) A.M. on Wednesday, ten o'clock (10:00) P.M. on Wednesday and nine o'clock (9:00) A.M. on � Thursday, ten o'clock (10:00) P.M. on Thursday and nine o'clock (9:00) A.M. on Friday, twelve o'clock (12:00) midnight on Friday and i nine o'clock (9:00) A.M. on Saturday and twelve o'clock (12:00) j � midnight on Saturday and nine o'clock (9:00) A.M. on Sunday, when 't the person making or causing to make such music or noise knows or reasonably should know the music or noise would disturb the peace ' of a reasonable person; or '; , 2. During the course of sport team and intramural practices con- ;' ducted on the grounds of a Dubuque public or parochial school or �� college campuses. (Ord. 34-18, 9-17-2018) � � 6-5-2: UNLAWFUL USE OF BUILDINGS: No person owning or in � possession of or in control of any building or premises shall � use the same, permit the use of the same, or rent the same to be used by � � any business, employment or other use, or for any purpose of pleasure or recreation, if such use shall, by the noise generated therefrom, disturb or � interfere with the peace of the neighborhood in which such building or premises is situated. (2007 Code § 33-47) 6-5-3: EXEMPT NOISES: The following noises are exempt from the provisions of this chapter: ( October 2018 City of Dubuque 6-5-3 6-5-3 � � A. Emergency Operations: Emergency short term operations that are � necessary to protect the health and welfare of the citizens, such as � emergency utility and street repair, fallen tree removal or emergency fuel oil delivery, shall be exempt from the prohibitions of section I 6-5-1 of this chapter; provided, that reasonable steps shall be taken ' by those in charge of such operations to minimize noise emanating � from the same. � , �� B. Noise Required By Law: The prohibitions of section 6-5-1 of this I chapter shall not apply to any noise required specifically by law for �' the protection or safety of people or property. � I� C. Lawn Mowers, Garden Tools: Powered equipment, such as lawn 'I mowers, small lawn and garden tools, riding tractors and snow I� removal equipment that is necessary for the maintenance of prop- !,j erty, if kept in good repair and maintenance, shall be exempt from �� the prohibitions of section 6-5-1 of this chapter. No person shall �j operate such equipment, however, with the exception of snow '� removal equipment, except between the hours of eight o'clock (8:00) A.M. and sunset, Monday through Friday, and nine o'clock (9:00) 1 A.M. to sunset, Saturday and Sunday. "� I � D. Residential Air Conditioners: Noise emitted by residential air condi- � ° tioners shall be governed by section 6-5-4 of this chapter. � ; E. Airplanes: Aircraft operations that are controlled specifically by ' Federal law shall be exempt from the prohibitions of this chapter. i i F. Bells, Chimes: Bells, chimes and similar devices that signal the time �I of day and operate during the daytime hours for a duration of no longer than five (5) minutes in any given one hour period shall be �� exempt from the prohibitions of section 6-5-1 of this chapter. � G. Entertainment And Sporting Events: i 1. Reasonable sounds emanating from sanctioned sporting events � conducted on the grounds of a Dubuque public or parochial school or college or university campuses within a sports stadium between the hours of nine o'clock (9:00) A.M. and ten o'clock (10:00) P.M. Sunday through Thursday, and nine o'clock (9:00) A.M. and twelve o'clock (12:00) midnight on Friday and Saturday. For purposes of this section sanctioned sporting events are described as competitive matches between teams from different institutions. Sanctioned sport- ing events includes one hour prior to the event and one-half ('/2) � October 2018 City of Dubuque � %,. 6-5-3 6-5-7 � hour after the event. Sports team practices and intramurals are not � considered sanctioned sporting events under this subsection. � ; 2. Reasonable sounds emanating from musical instruments of rnarching bands or other musical teams, without electronic amplifica- ' tion, engaged in performance or practice, conducted on the grounds �' li of a Dubuque public or parochial school or college or university ; campuses between the hours of seven o'clock (7:00) A.M. and ten � o'clock (10:00) P.M. Sunday through Thursday, and seven o'clock , � (7;00) A.M. and twelve o'clock (12:00) midnight on Friday and � Saturday. i 3. Nothing in this subsection G shall be read to prohibit a public- '� address announcer at events during the permissible hours. (Ord. �I 35-18, 9-17-2018) il I 6-5-4: RESIDENTIAL AIR CONDITIONERS: No person shall install, � operate or use any residential air conditioner, or combination j of residential air conditioners, that create a loud and excessive noise level j at a lot line of any dwelling located on any adjacent premises. (2007 Code ` § 33-49) I j ry% � 6-5-5: CITY CONTRACTS, CONTRACTORS AND SUBCONTRAC- TORS: It is the policy of the City to comply with the noise standards, as set forth in this chapter, in its own operations and the opera- ; tions of its contractors and subcontractors. All contractors and subcontrac- ' tors shall be required to comply with the provisions of this chapter. (2007 ' Code § 33-50) � � , 6-5-6: ENFORCEMENT: It shall be the duty of the City Manager or the City Manager's designee to enforce the provisions of this � chapter. (2007 Code § 33-51) 6-5-7: VARIANCE PERMITS: A. Issuance: Variance permits may be issued, pursuant to the provi- sions of this chapter, by the City Manager or the City Manager's designee from the noise prohibitions of this chapter. � October 2018 City of Dubuque 1 6-5-7 6-5-7 . � B. Temporary Variance Permit: A temporary variance permit may be � issued upon request; provided, that the work producing such noise is necessary to promote the public health and/or welfare and reason- able steps are taken to keep such noise at the lowest possible prac- tical level. � C. Special Events: A temporary variance permit may be issued for special events, such as circuses, Fourth of July celebrations and , similar community events that are limited in duration and are ; generally acceptable to the people of the community; provided, that �" ' precautions are taken to maintain the noises produced at the lowest � � practical level. � D. Application For Permit: Applications for temporary variance permits � shall be made in writing to the City Manager or the City Manager's �' designee and shall contain such information as requested by the City � Manager or the City Manager's designee, including, but not limited � to, the following: ; il 1. Dates requested; ;, �� 2. Time and place of operation; '! II 3. Equipment and operation involved; � I� I 4. Necessity for such permit; � li 'il 5. Steps to be taken to minimize noise; and �, I�i6. Name and telephone number of responsible person(s) who will be present at the operation site while the noise is produced. (2007 Code '�j § 33-52) �� ,k' � � � October 2018 City of Dubuque 7-5A-2 7-5A-4 � '� B. Refusing To Assist Police Officer: It shall be unlawful for any person to unreasonably refuse or neglect to render assistance when � requested or ordered by a police officer to render the police officer assistance in making or attempting to make an arrest or to prevent ,� the commission of any criminal act. (2007 Code § 33-5) � I C. Impersonating An Officer: If any person not a member of the police � force of the City wears the uniform or insignia worn by the police P force of the City, or if any person not a member of the police force, % or a peace officer represents such person as, or assumes to be, a i� � police or peace officer, such person shall be guilty of impersonating ; an officer. (2007 Code § 38-1) � D. Using Police Whistle: If any person, within the corporate limits of the � City, except police and peace officers, uses or sounds any police j� whistle or other device used by the Police Department, such person � shall be guilty of a misdemeanor. (2007 Code § 38-2) a h E. Refusing Admittance To Officers: If any person refuses to admit the i Chief of Police or any other member of the police force into any �Ij place which they may lawfully enter for the purposes of ascertaining j; whether a nuisance exists or a crime has been committed, or resists, ';; � obstructs, or attempts to resist or obstruct such officer while i� g, attempting to enter any such place, such person shall be guilty of a � � � misdemeanor. (2007 Code § 38-3) � � � 7-5A-3: FALSE AND FRAUDULENT �tEPORTS: It shall be unlawful � for any person to intentionally give a false or fraudulent report �I of a crime, a fire, or an accident by calling any police officer, physician, � hospital, ambulance service, or Fire Department, or by crying or sounding � an alarm, or by performing any act calculated to cause such report or � alarm, or to intentionally communicate false or fraudulent information with � reference to a crime, a fire, or an accident to any police officer, physician, � �- hospital, ambulance, or Fire Department, or by words or action, initiate or � circulate a report of warning of epidemic or other catastrophe. (2007 Code � § 33-4) 7-5A-4: FALSE REPRESENTATION OF RECORDS OR PROCESSES: It shall be unlawful for any person to represent any document or paper to be a public record or any civil or criminal process when the person knows such representation to be false. (2007 Code § 33-6) � � October 2018 City of Dubuque � � 7-5A-5 7-5A-6 � � � 7-5A-5: ADVERTISING MATERIALS; BILLPOSTING; LITTERING: A. Display Of Advertising Materials On Public Property; Removal; Costs: Whenever the City Manager shall find signs, advertising, ' displays or any other materials or articles on public property, in �i violation of any provision of this Code or other City ordinance or any �; law, the City Manager shall cause such materials or articles to be � removed and destroyed and the owner of the materials or articles i shall pay the costs incurred by the City for removing and destroying such materials or articles. / � � � B. Posting Bills Without Consent Prohibition And Exceptions: � �, 1. Prohibition: No person shall deface any private dwelling, house, '� building, store, room, barn, shed, fence, bridge, utility pole, sidewalk �� or curbing, by posting, pasting, tacking, sticking or nailing thereon �� any advertising bills, posters, or any other written or printed matter. � �, 2. Exceptions: The prohibition on posting bills does not apply to: ,, �i a. Legal notices provided by law; I�; b. Posting bills with the consent of the property owner or agent; � �� c. Solicitors licensed in accordance with title 4, chapter 5 of this � `' Code; � d. Notices posted by governmental entities; and j e. Notices posted due to emergency conditions for the protection I� of public health, safety, and welfare. I C. Littering: No person shall discard any litter onto or in any water or �I land, except that nothing in this subsection shall be construed to affect the authorized collection and discarding of such litter in or on , areas or receptacles provided for such purpose. (Ord. 36-18, '� 9-17-2018) � 7-5A-6: DEFACING 1�TOTICES: If any person, within the corporate limits of the City, defaces or tears down any notice, ordinance or advertisement posted by order of the City Council or any officer of the City, such person shall be guilty of a misdemeanor. (2007 Code § 3-2) ! � October 2018 City of Dubuque � � 7-5A-7 7-5A-7 � % � � � 7-5A-7: LOITERING FOR ILLEGAL PURPOSES: � i+, i� A. Prostitution: j 1. Definitions: For the purposes of this subsection, the words "public � place", "prostitution" and "known prostitute or panderer" shall be i defined as follows: ! f; KNOWN A person who, previous to the date of arrest or ,' PROSTITUTE violation of this subsection, has been convicted �I � OR PANDERER: of an offense involving prostitution. � ;7 ,I�i ,i !�; �II , i �li i „ 4� � � d I ; i � i' � � � � , � u � � � � October 2018 City of Dubuque � / . � p I� '7 1 � � , � � , I � ; i I� iI ;; ;i ,I � ;; ;; II � �I � �I, �i ( � i - h I �� 1 ,i � � li � � � � � 7-6A-1 7-6A-2 � �/ � �, CHAPTER 6 � !i ANIMAL CONTROL � �� ARTICLE A. MISCELLANEOUS PROVISIONS � �� l�� SECTION: , � � 7-6A-1: Sale Of Baby Chickens And Ducklings �; 7-6A-2: Restrictions On Maintaining Livestock �; 7-6A-3: Storage Of Animal Food I; Y ;; ;i', ;i 7-6A-1: SALE OF BABY CHICKENS AND DUCKLINGS: �i ;i i; A. Sale As Pets Or Novelties: It shall be unlawful for any person to sell, ;� or offer for sale, barter, or give away, baby chicks or ducklings or �i � other fiowl as pets or novelties. �� 4 li � i7 B. Se�ling For Commercial Purposes Allowed: This section shall not be i construed to prohibit the display or sale of natural chicks, ducklings i in proper brooder facilities, by hatcheries or stores engaged in the � business of selling the same to be raised for commercial purposes. � �� C. State License Required: No person shall engage in the business of I' selling baby chicks, poultry or domestic fowl within the City unless Ij such person has been licensed to do so by the Department of Agri- ; culture of the State. (Ord. 76-08, 11-3-2008) i � � 7-6A-2: RESTRICTIONS ON MAINTAINING LIVESTOCK: � B A. Maintenance Of Pens, Yards And Enclosures: No person shall keep � or maintain within the corporate limits of the City any pens, buildings, yards, sheds or enclosures wherein any cattle, sheep, swine or other livesfock are collected, kept or fed for commercial purposes unless such pens, buildings, yards, sheds or enclosures are erected, con- structed and maintained as provided in this section. � � � � October 2018 City of Dubuque � 7-6A-2 7-6A-2 / � ! B. Concrete Floors: All such pens, buildings, yards, sheds or enclo- sures shall be erected and maintained with floors constructed of concrete at least four inches (4") thick with a smoothly troweled wearing surface. �'� , C. Drainage; Catch Basins: All such concrete floors shall be con- �I structed so as to drain to a catch basin or basins connected with the � sanitary sewage system of the City, or in the event there is no such � sewage system within two hundred feet (200') from the property line, jl such basin or basins shall be connected with a sewage disposal j � system approved by the City Manager. � � D. Controlled Livestock Grazing: I' ; 1. A controlled livestock grazing contractor may temporarily keep or , maintain within the corporate limits of the City any pens, yards, ' sheds or enclosures wherein any grazing Iivestock approved by the j; City are temporarily kept for the limited and express purposes of �� controlled livestock grazing in accordance with the City's controlled �I livestock razin ro ram. Controlled livestock razin within the '� 9 9 P 9 g J ;� corporate limits will not be allowed in any one location for more than ; thirty (30) consecutive days. � / �I 2. All such pens, yards, sheds or enclosures used for the limited and � ; express purpose of controlled livestock grazing will be temporary and may not remain in place more than thirty (30) consecutive days. Due to the temporary nature of such pens, yards, sheds, or enclo- sures used for the limited and express purpose o# controlled live- i stock grazing, concrete floors will not be required for pens, yards, I sheds or enclosures used to shelter and keep animals participating �; � in controlled livestock grazing, ii ,� 3. All fences used to keep or maintain livestock used for controlled � livestock grazing within corporate limits must comply with the fencing � regulations set forth in the City's Controlled Livestock Grazing � Policy. � � 4. Any controlled livestock grazing contractor who wishes to keep or maintain livestock within the corporate limits for controlled livestock grazing must obtain a permit from the City and comply with all terms and conditions of the City's controlled livestock grazing program. (Ord. 27-18, 8-6-2018) � � � October 2018 City of Dubuque Y � 7-6A-3 7-6A-3 i� � 7-6A-3: STORAGE OF ANIMAL FOOD: All food and feed within the � i City 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. (Ord. 76-08, 11-3-2008) �II P � � � � � �` 7 �i I� i li � k i; i i 4i{ �� f I 4 � I I � � I� i � � � ` October 2018 City of Dubuque ,. � � �i � � � � `s' � ;i I�i � li i 'il , il �I i ;i i � i; 1 „ I � i � � i � � �� \ � � �g N 9-15-321.750 9-15-321.750 ;� � � j CHAPTER 15 � f IMPOUNDMENT OF VEHICLES 'i � i i SECTION: 'u � Division 1. Generally '� � 9-15-321.750: Intent And Purpose '�' �� ,; �; Division 2. Scofflaw j 9-15-321.751: Removal And Impoundment � 9-15-321.752: Owner Responsibility i Division 3. Street Storage 'I; � li 9-15-321.760: Intent And Purpose li 9-15-321.761: Definitions � ��" 9-15-321.762: Unattended Vehicles � � � 9-15-321.763: Exclusion , ` � i Division 4. Towing And Storage , �� 9-15-321.770: Notice To Owner � 9-15-321.771: Unauthorized Removal Of Vehicle ? 9-15-321.772: Auction Of Vehicles �I { : � � � DIVISION 1. GENERALLY � 9-15-321.750: INTENT AND PURPOSE: This chapter is enacted as an enforcement procedure for protection of the public peace, safety and welfare and shall be used generally for the prevention and removal of traffic hazards, prevention, and abatement of public nuisances arising from traffic violations, and for the protection of public rights in the use of City streets and thoroughfares. (Ord. 44-08, 6-16-2008) � � � October 2018 City of Dubuque 9-15-321.751 9-15-321.760 � � � DIVISION 2. SCOFFLAW 9-15-321.751: REMOVAL AND IMPOUNDMENT: A. Any vehicle having against it the following number of unpaid viola- tions, charging that such vehicle was parked, stopped, or standing in violation of any law, ordinance, or local authority of the City shall be deemed a public nuisance: � � 1. Five (5) or more unpaid violations; or 2. Three (3) unpaid violations where the most recent violation is more than thirty (30) days past due. � � P B. The City Manager is hereby authorized to remove or cause to be � removed such vehicle from property owned by the City or private � property with the property owner's consent at the sole cost and Ij expense of the vehicle owner. The City Manager shall have the �' power and is hereby authorized to remove the vehicle by either pri- j vate or government equipment as they may deem advisable. (Ord. ij 44-08, 6-16-2008) � I' �. �� 9-15-321.752: OWNER RESPONSIBILITY: The registered owner of a vehicle having against it three (3) or more outstanding unpaid violations shall be presumed to be the owner at the time the � violations were in fact issued and shall be severally responsible for the offenses and the impoundment, except where the use of the vehicle was � secured by the operator without the owner's consent. (Ord. 44-08, 6-16-2008) ' i DIVISION 3. STREET STORAGE ' �� 9-15-321.760: INTENT AND PURPOSE: The presence of unattended and unmoved motor vehicles in or about public places for more than twenty four (24) hours tends to impede traffic in the street, interfere with the enjoyment of property, reduce the value of private property, invite vandalism and plundering, create fire hazards, extend and aggravate urban blight, and result in a serious hazard to the public health, safety, comfort, community welfare, and happiness of the residents of the City. (Ord. 44-08, 6-16-2008) � � ! October 2018 City of Dubuque � 9-15-321.761 9-15-321.763 � % � r � � 9-15-321.761: DEFINITIONS: For the purpose of this chapter: � � � MOVE OR MOVING: Means a change in place or position by driving i{ an operational, running, and registered vehicle. ;i Move or moving does not include pushing, pull- 'i ing, dragging, trailering, or putting a vehicle in 1 :; neutral to change its position or location. � �� UNATTENDED Means an operable or non-operable vehicle � �% MOTOR VEHICLE: which has remained in a stationary position on a � � public way for twenty four (24) hours or more. � (Ord. 30-18, 9-4-2018) i� i �i 9-15-321.762: UNATTENDED VEHICLES: I� � A. It shall be unlawful for any person to permit an unattended vehicle to �; stand or park in or about a public place for twenty four (24) hours or j; more without such vehicle being moved. I, �, � B. The City Manager, upon initiative or upon complaint, may take into i custody any vehicle standing or parking in violation of this chapter. ! i� � ; '�, C. Upon evidence that the vehicle has been parked on a public way for i more than twenty four (24) hours without being moved, City Manager ! shall issue a notice of fine under section 9-14-321.621 of this title. If such vehicle has not been moved within twenty four (24) hours from � the time of notice of fine, or if there is evidence that the vehicle has � been parked for more than forty eight (48) hours before receiving the � notice of fine, the City Manager may cause removal of the vehicle. � When conditions permit, the City Manager shall make a reasonable � effort to contact the last registered owner of the vehicle before � summarily removing the vehicle. (Ord. 44-0�, 6-16-2008) i� � 9-15-321.763: EXCLUSION: Nothing in this chapter shall preclude the � immediate removal by the City Manager of a motor vehicle which is parked in violation of any other section of this title. (Ord. 44-08, 6-16-2008) (see following page) � � October 2018 City of Dubuque 9-15-321.770 9-15-321.770 ' V DIVISION 4. TOWING AND STORAGE � 9-15-321.770: NOTICE TO OWNER: A. Whenever the City Manager has impounded a vehicle pursuant to N this chapter and such vehicle has not been reclaimed, a notice shall be provided within twenty (20) days by certified mail to the last i known registered owner of the vehicle and all lien holders of record, �, addressed to their last known addresses of record, that the vehicle ` /. has been taken into custody. Notice shall be deemed given when �� I mailed. � B. The notice shall describe the year, make, model, and serial number � of the vehicle, set forth the location of the facility where the vehicle „ is being held, inform the owner and the lien holders of their right #o ; reclaim the vehicle within twenty one (21) days after accrued fines � and costs for each outstanding violation, towing, preservation, and � storage charges resulting from placing the vehicle in custody and �, � upon payment of the costs of notice required pursuant to this i', section. !I � C, The notice shall also state that the failure of the owner or lien � �� holders to exercise their right to reclaim the vehicle within the time � i� period provided shall be deemed a waiver by the owner and all lien � holders of all right, title, claim, and interest in the vehicle, and that i such failure is deemed consent to the sale of the vehicle at public auction or disposal to a demolisher. If the owner and lien holders do not exercise their right to reclaim such vehicle within the twenty one ` (21) day reclaiming period, such owner and lien holders shall no � longer have any right, title, claim, or interest in or to such vehicle. i i i D. If the identity ofi the last registered owner cannot be determined, or if � the registration contains no address for the owner, or if it is impossi- , ble to determine with reasonable certainty the identity and addresses � of all lien holders, notice by one publication in one newspaper of � genera9 circulation shall be sufficient to meet the requirements of notice under this section. E. The owner or any lien holder may, by written request, delivered to the City Manager prior to the expiration of the twenty one (21) day reclaiming period, obtain an additional fourteen (14) days within which the vehicle may be reclaimed. (Ord. 44-08, 6-16-2008) � � October 2018 City of Dubuque � 9-15-321.771 9-15-321.772 � i � � � 9-15-321.771: UNAUTHORIZED REMOVAL OF VEHICLE: ;� � ;I A. It shall be unlawful for any person to remove a vehicle from the facil- ; ity where it is being held without the prior payment of all accrued and u delinquent fines and costs for towing, preservation, and storage � charges, and a City administrative fee of twenty dollars ($20.00) �� payable to the City of Dubuque resulting from placing the vehicle in �� custody and the costs of the notice required pursuant to section 9-12-321.431 of this title. ' % �, � B. The City Manager is authorized to summarily reimpound any vehicle ;� removed in violation of this section. (Ord. 44-08, 6-16-2008) � B � �i 9-15-321.772: AITCTION OF VEHICLES: If a vehicle has not been �� reclaimed as provided in section 9-15-321.770 of this � chapter, the City Manager shall dispose of such vehicle as provided by the � Code of lowa. (Ord. 44-08, 6-16-2008) � I; i! �; I� i r f i; �� I ;; li I u �, � � � � I � � � � � � � October 2018 City of Dubuque /. � � � I� � � � � I � ' u ii � �� i �; ,i �� :i i� � � , i � i � � � � i 10-5A-1 10-5A-2 �/ � CHAPTER5 �� i� PARKS AND RECREATION I, � ARTICLE A. ADMINISTRATION � �I. �; � �� SECTION: � ,i 10-5A-1: Reserved �� 10-5A-2: Park And Recreation Advisory Commission u �I � ;� 10-5A-1: RESERVED: (Ord. 38-15, 7-6-2015) � • i� I �,� 10-5A-2: PARK AND RECREATION ADVISORY COMMISSION: II A. Commission Created: There is hereby created the Park and ��, ; Recreation Advisory Commission. �i �� ; '� � � C � B. Purpose: The purpose of the commission is to advise on the general ; beautification and maintenance of the City, parks, trails and open j spaces and facilities, advise and recommend the provision of facili- ties for active and passive parks and recreation and advise and � recommend year-round opportunities for organized, inclusive recrea- ; tion activities for all residents. � �I C. Internal Organization And Rules: The commission may adopt rules 'I and regulation� to govern it� organizational procedures as may be a necessary and which are not in conflict with this Code or the lowa Code. � � � D. Procedures For Operation: All administrative, personnel, accounting, budgetary, and procurement policies of the City govern the commis- sion in all its operations. E. Membership: 1. The commission comprises seven (7) residents of the City, � appointed by the City Council. � � October 2018 City of Dubuque � � 10-5A-2 10-5A-2 � �� 2. Residents must be eighteen (18) years of age or older. � li F. Oath: Each person, upon appointment or reappointment to the com- , mission, must execute an oath of office at the first meeting of the � commission following the appointment or reappointment or at the il City Clerk's Office any time prior to the first meeting of the commis- I� sion. i, G. Terms: The term of office for Commissioners is three (3) years or �� until such Commissioner's successor is appointed and qualified. � li I� �; H. Vacancies: Vacancies must be filled in the same manner as original � appointments. " �4 I. Officers/Organization: The Commissioners must choose annually a �� Chairperson and Vice-Chairperson, each to serve a term of one � year. The Chairperson must appoint a Secretary, who need not be a { member of the commission. The Commissioners must fill a vacancy 'I�', among its officers for the remainder of the officer's unexpired term. � �� J. Meetings: � �: 1. Regular Meetings: The commission rnust meet not less than bi- i' ;, monthly. � �I I; 2. Special Meetings: Special meetings may be called by the Chair- a person or at the written request of a majority of the Commissioners. � 3. O en Meetin s: All meetin s must be called and held in confor- �� P 9 9 � mance with the lowa Open Meetings Law. y 4. Attendance: a. In the event a Commissioner has been absent for three (3) or � more consecutive meetings of the commission, without being excused by the Chairperson, such absence will be grounds for the � commission to recommend to the City Council that the position be declared vacant and a replacement appointed. b. Attendance must be entered upon the minutes of all meetings. 5. Minutes: A copy of the minutes of all regular and special meetings of the 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. � � � � , October 2018 City of Dubuque � 10-5A-2 10-5A-2 � �� 6. Quorum: Four (4) Commissioners constitute a quorum for the � transaction of business. The affirmative vote of a majority of the Commissioners present and voting is necessary for the adoption of any motion or resolution. K. Compensation: Commissioners serve without compensation, pro- vid�d that they may receive reimbursement for necessary travel and I other expenses while on official commission business within the ; limits established in the City administrative policies and budget. ; � � � L. RemovaL Except as provided in subsection J4a of this section, the ;I City Council may remove any Commissioner for good cause. � � M. Powers: The commission has the following powers, duties, and � �� responsibilities: I; I 1. Provide the City Council with recommendations that further the I' general and specific purposes of the commission. 2. Recommend the annual operating budgets and ongoing capital improvem�ents budgets. � �' ( 3. Recommend establishment of or changes to fees, user fees, or � k rental fees. ,I ; 4. Recommend issuance of permits, rental or special use agree- � ments for public use of all park and recreation facilities for activities � outside of the special events permit process. HI' � 5. Recommend development of community partnerships, agree- , ments, leases and/or plans specific to the department. 6. Recommend the establishment of policies, rules and regulations � or ordinance changes governing the use of all grounds and facilities � that have been or may be set aside as public parks, trails, open spaces, playgrounds, and other such park and recreation facilities. \ Such recommendations include but are not limited to opening and closing hours for the use of all park and recreation facilities by the general public. 7. Recommend the establishment of general rules and regulations for all park and recreational programs provided by the City, including fees for league participation, facility usage and rentals by the public. � � October 2018 City of Dubuque 10-5A-2 10-5A-2 � � 8. Recommend agreements, leases and other methods to cooperate with the Dubuque Community School District, Holy Family school system, non-profits and other groups interested in the promotion and implementation of recreational activities which are in the best { interest of the City. � 9. Recommend conceptual and/or final park and recreational area � related development plans. i i N. Solicitation And Acceptance Of Donations: The commission may � solicit donations and gifts ofi money, personal and real property, and � personal services. All such donations and gifts will become the property of the City for the general support of park and recreation { programs unless such items have been designated by the donors for i specific purposes. (Ord. 22-18, 7-2-2018) �, �,ii ;j li � �!I, ii I�\ � I � � I� �� i F� t � � � October 2018 City of Dubuque � 10-5B-18 10-5B-21 � � � , 10-5B-18: LOOSENING STONES FROM BLUFFS PROHIBITED: No � person shall loosen stones from bluffs or roll or throw the ;� same down the face of the bluff. (Ord. 54-06, 7-5-2006) ; � � 'i 10-5B-19: WASHING VEHICLES: No person shall wash any motor vehi- � cle, motorcycle or scooter in any City park, parkway, trail, or j open space. (Ord. 11-14, 2-3-2014) ,I ; , �,� � 10-5B-20: COMPLIANCE WITH TRAFFIC AND VEHICLE LAWS, �; ORDINANCES: � �; A. Motorized Vehicles: No person in a park, parkway, trail, or open ui space shall fail to comply with all applicable provisions of the motor �I vehicle laws of the State in regard to equipment and operation of ;i motor vehicles together with such regulations as are contained in �� this article and other ordinances of the City. `' �i ;i B. Non-Motorized Vehicles; Non-motorized vehicles, including, but not limited to skateboards, bicycles, scooters, and hoverboards, must II comply with the provisions of section 9-7-321.275A of this Code. "; � ,� (Ord. 23-17, 5-15-2017)� � ; �i I 10-5B-21: UNATTENDED VEHICLES: � I A. Any motor vehicle left unattended in any of the parks after closing thereof shall be deemed abandoned and the City Manager or the I; park ranger shall cause the same to be towed from such park and u the same shall not be redeemed by the owner or the person respon- sible therefor until the reasonable towing charges and storage fees ' � are paid. � � � B. It shall be unlawful for a motor vehicle to stand or park in a park, ry � parkway, trail, or open space for more than twenty four (24) hours � without such vehicle being moved, unless authorized by the City � Manager. � C. Parking may be limited to users of parks, parkways, trails, or open � spaces and the City Manager reserves the right to remove motor vehicles which are not associated with users of the parks, parkways, trails, or open spaces. (Ord. 23-17, 5-15-2017) � � October 2018 City of Dubuque 10-5B-22 10-5B-22 i �� 10-5B-22: OPEN SEASON AND HOURS GENERALLY: � A. No person shali enter or remain in any park, parkway, trail, open space, or park and recreation facility other than during the season � and hours designated in this section. � i B. For the purposes of this section, the regular park season shall mean I from the first Saturday in May through the fourth Sunday of October. The pet park shall be open year round. � �� C. Eagle Point Park and Louis Murphy Park shall be open for use by � ; the public from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. I Sunday through Thursday, and from seven o'clock (7:00) A.M. to � eleven o'clock (11:00) P.M. Friday and Saturday during the regular r park season. � D, Marshall Park and the public use area of Franklin Delano Roosevelt II;� Park shall be open to the general public from seven o'clock (7:00) ; A.M. to sunset daily during the regular park season. ; i E, Gerald "Red" McAleece Park and Recreation Complex and Veterans �� Memorial Park shall be open for use by the public from seven o'clock (7:00) A.M. to twelve o'clock (12:00) midnight daily. f ;\ � F. Bunker Hill Golf Course shall be open for use by the public from j seven o'clock (7:00) A.M. to eleven o'clock (11:00) P.M. daily, March � through November. . � � G. Flora Park Swimming Pool and Nicholas J. Sutton Swimming Pool shall be open for use by the public from six o'clock (6:00) A.M. to ten � o'clock (10:00) P.M. daily, June through August. � H. The following parks, parkways, trails, open spaces, and park and i recreation facilities will be open for use by the public from seven � o'clock (7:00) A.M. to ten o'clock (10:00) P.M. daily, unless alternate/ , extended times/hours have been approved through a special events � � permit or conditions of a City renfial reservation: � A.Y. McDonald Park �g Allison-Henderson Park p Avon Park Burden Park Caledonia Park Cancer Survivor Park Center Grove open space � � October 2018 City of Dubuque 10-5B-22 10-5B-22 � ; � � ' d Cleveland Park � Comiskey Park Eagle Valley Park � Elmwood Green Park � Falk Park f' Flat Iron Park �' Flora Park Gay Park I Grant Park F �' Harvest View Park i;� ` Hilicrest Park � Hilltop Park ;; Ice Harbor Park Jackson Park I�; � Jefferson Park � � John G. Bergfeld Recreation Area ',i Madison Park jl Marna Ridge Children's Forest �' Medical Associates Greenbelt �� Oakwood Park Pet Park jj Pinard Park �! � Port of Dubuque Marina '� �, Pyatigorsk Park f Riley Park i; Rocco Buda Jr. Park Southern Park Teddy Bear Park i r ; Trolley Line Trail ;: Usha Park Valentine Park � Valley High Park � Waller-Cooper Park � Washington Park ' Welu Park � � Westbrook Park I. Miller-Riverview Park shall be open for use by the public from seven o'clock (7:00) A.M. until ten o'clock (10:00) P.M. daily, and only registered campers shall be permitted in the area at all other hours. J. The City Manager or authorized representative shall have the , authority to close any or all parks, parkways, trails, open spaces, � park and recreation facilities, park roadways and park parking lots � �� October 2018 City of Dubuque � 10-5B-22 10-5B-24 "� ;' � � � before scheduled closing hours at times it is deemed necessary in � the interest and safety of the public. K. The following parks shall be open for use by the public twenty four i (24) hours per day: i Alliant Energy Amphitheater �, American Trust River's Edge Plaza � Bee Branch Creek Greenway � Granger Creek Nature Trail i' � Heritage Trail �F � Jaycee Trail a Northwest Arterial Trail �� Port of Dubuque Riverwalk Trail ' Powerline Trail �i Southern Levy Trail � � L. Camping is authorized in Miller-Riverview Park in accordance with ;� City policies and procedures. Camping is prohibited in all other ;� parks, parkways, trails, and open spaces unless approved, in writing ;I by the City Manager or through a special events permit issued under I chapter 4 of this title. (Ord. 23-18, 7-2-2018) �I i � �, 10-5B-23: WATERSPORTS, SWIMMING, AND WADING: See section k� �� 10-7-13 of this title. (Ord. 23-17, 5-15-2017) � a ,� 10-5B-24: PROHIBITED ACTIVITIES, SIGNAGE: The City Manager is � � authorized to post signage in parks, parkways, trails, and h open spaces, or any portions thereof, regulating activities within the desig- �. nated area. A failure to comply with signage shall be a violation of this � Code. (Ord. 23-17, 5-15-2017) � r � � � � � � October 2018 City of Dubuque � � 13-2D-4 13-2D-5 i � 12. Any trucked or hauled pollutants without prior approval of the � City Manager and except at discharge points designated by the City �� Manager. Any trucked or hauled pollutants to any industrial pretreat- ment facility without prior approval of the City Manager. � � 13. Any wastewater containing any radioactive wastes or isotopes of '�' ,� such half-life or concentration as may exceed limits established by 9 applicable State or Federal regulations. f � i' 14. Any wastewater which causes a hazard to human life or creates i r a public nuisance. �i ;i B. Determination Of Prohibited Contributions; City Action: When the i City Manager determines that a user(s) is contributing to the POTW ;I any of the above enumerated substances in such amounts as to �' interfere with the operation of the POTW, the City Manager shall: � I� 1. Advise the user(s) of the impact of the contribution to the POTW; : u and r ;� 2. Develop effluent limitation(s) for such user(s) to correct the j�'� interference with the POTW. ii ; i � 3. Take appropriate enforcement action as proscribed in section f� 13-2D-12 of this article. (2007 Code § 44-102) �� 'i 13-2D-5: FEDERAL CATEGORICAL PRETREATMENT STANDARDS: � �� A. Application Of Standards: Upon the promulgation of the Federal ' � categorical pretreatment standards for a particular industrial sub- � category, the Federal standard, if more stringent than limitations � imposed under this article for sources in that subcategory, shall I immediately supersede the limitations imposed under this article. The national categorical pretreatment standards, located in 40 CFR � chapter I, subpart N, parts 405 through 471, are hereby incorporated � into this article. The City Manager shall notify all affected users of � the applicable reporting requirements under 40 CFR, section 403.12. � B. Modification Of Standards: Where the City's wastewater treatment facility achieves consistent removal of pollutants limited by Federal pretreatment standards, the City may apply to the approval authority for modification of specific limits in the Federal pretreatment stan- dard. "Consistent removal" shall mean reduction in the amount of a � pollutant or alteration of the nature of the pollutant by the POTW to a � October 2018 � City of Dubuque � � 13-2D-5 13-2D-8 � ,. � , less toxic or harmless state which is achieved by the POTW in ninety five percent (95%) of the samples taken when measured according to the procedures set forth in 40 CFR, section 403.7(c)(2). The City may then modify pollutant discharge limits in the Federal pretreat- p ment standards if the requirements confained in 40 CFR, section � 403.7 are fulfilled and prior approval from the approval authority is r obtained. (2007 Code § 44-102) � , 13-2D-6: SPECIFIC POLLUTANT LIMITATIONS: No user(s) shall / ' discharge wastewater, either singularly or in combination with � ' other user(s), concentrations of pollutants which shall exceed the following �1 limitations as measured at the POTW treatment plant: � ;i Arsenic 0.04 mg/L ' Cadmium 0.01 mg/L �I' Chromium (total) 0.70 mg/L � Copper 0.20 mg/L ; Cyanide 0.08 mg/L � Iron 5.00 mg/L j Lead 0.20 mg/L � Mercury 0.01 mg/L ,' � Nickel 0.10 mg/L / �� Oil and grease 100 mg/L �. � Phenolic compounds 2.50 mg/L Ij Silver 0.10 mg/L � Toluene 500 mg/L � { Zinc 0.50 mg/L � � i! (Ord. 28-18, 8-6-2018) � �I I' � 13-2D-7: EXCESSIVE DISCIiAItGE: No user shall increase the use of � process water or, in any way, attempt to dilute a discharge as I a partial or complete substitute for adequate treatment to achieve compli- N � ance with the limitations contained in the Federal categorical pretreatment � standards, or in any other pollutant specific limitation developed by the � State or City. (2007 Code § 44-102) 13-2D-8: ACCIDENTAL DISCHARGE/SLUG CONTROL PLAN: A. Protection From Accidental Discharges; City Approval Required: Each user shall provide protection from accidental discharge of � � � October 2018 City of Dubuque � � /, 14-1 J-2 14-1 J-3 � ; Section 308.2.1. Rubbish Storage Facilities. Amended to add: i Exception: Pursuant to lowa Code §562A.15 a landlord may enter � into a lease agreement, in certain circumstances, with a tenant for maintenance in which case a tenant will be responsible for compli- ance with this provision. City will provide a lease addendum docu- �, menting the agreement for use by landlords. If a landlord prefers to use a different form, upon request of the city a landlord must provide ; a copy of the written lease agreement to the code official. I � �IV �, Section 404.4.2. Deleted. h i Section 404.4.3. Water Closet Accessibility. Amended to read as follows: ' i 404.4.3. Water Closet Accessibility. Every bedroom in a dwelling unit I� shall have access to not less than one water closet and lavatory Ij located in the same story as the bedroom or an adjacent story. il, ;: Section 602.3. Heat Supply. Insert: September 15 to May 15. � t Section 602.4. Occupiable Work Spaces. Insert: September 15 to May 15. �i Section 602.5. Room Temperature Measurement. Amended to read: '�� i � 602.5. Room Temperature Measurement. The required room temper- y atures shall be measured three (3) feet above the floor, at the inside � walL � Section 605.2. Receptacles. Amended to add: ;� Exception: In lieu of every habitable space in a dwelling containing ' two separate and remote receptacle outlets, one receptacle and a � separate permanently installed light fixture is allowable. � Appendix A: Deleted. � (Ord. 30-16, 6-20-2016, eff. 7-1-2016) 14-1 J-3: RENTAL LICENSES: A. Rental License Required: No property owner, manager, or licensed real estate professional may let to another for rent and/or occupancy any dwelling, dwelling unit, housekeeping unit, rooming house, room- ing unit, or sleeping unit, as defined by the Property Maintenance � Code and hereinafter cumulatively referred to as "rental unit" in the � October 2018 City of Dubuque � 14-1 J-3 14-1 J-3 � �/ � City unless such person holds a current rental license issued by the � City Manager in the name of the property owner, manager, or � licensed real estate professional for the specific rental unit. i B. Application Requirements: Completion of a rental license application � must be made by the property owner, manager, or licensed real � estate professional and must include, but not be limited to, the p ;li following information: 1. Address of the rental unit s includin correct unit identifications. � " � ), 9 � � 2. Number and type of rental units in the structure, �I 3. Owner's name and contact information, including: i; i a. Mailing address. i ;I b. Telephone number during normal business hours. ',, ';�� c. Telephone number in the event of an emergency. ��' li d. E-mail address, if available. �I' i '�� 4. If the property owner has retained a property manager the prop- � ; erty owner must provide the following information: ' � a. Property manager's name. � , b. Property manager's mailing address. � � ii c. Property manager's telephone number during normal business 7 hours. g � d. Property manager's telephone number in the event of an � � emergency. � � m e. Property manager's e-mail address, if applicable. � f. A statement that the property manager or real estate profes- � sional has the same authority and responsibility as the property owner for maintaining the rental unit(s). 5. The property owner, manager, or licensed real estate professional must designate a responsible agent to represent the property owner, manager, or licensed real estate professional whenever the property � � � October 2018 City of Dubuque , � 14-1 J-3 14-1 J-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). I� C. Duty To Report Changes: The property owner or registered manager � or real estate professional is responsible to inform the City of any i subsequent changes to any information on the rental license applica- s , tion which has changed at the time of such changes, and at any time i 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 j administration of the provisions of this Code. I� ��E. Rental License Term: i { 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. I� j � 2. If a property owner, manager, or licensed real estate professional !I � 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 �h annual license to a quarterly license until such time as the priority li category has gone twelve (12) consecutive months without a viola- � tion which would qualify the individual for priority category status. � i 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 � October 2018 City of Dubuque 14-1 J-3 14-1 J-3 ` '� , result in monetary penalties, license suspension, license revocation, � issuance of a notice to vacate to tenants, and/or issuance of Munici- � pal infractions. � � H. Rental License Not Transferable: Rental licenses are not transfer- � � able from one property to another. It is the responsibility of the i 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 I name within five (5) working days. The new property owner will owe � no additional rental license fees until the next rental license renewal 1 i for the property. � I. Conditions Of Rental Licenses: The City Manager is hereby author- .i ized to issue and renew a rental license in the name of the applicant i property owner, manager, or licensed real estate professional, ;1; provided the following criteria are met: �` ,'� 1. Property Maintenance Code Warranty: The rental unit is warranted 'i by the property owner, manager, or licensed real estate professional ''' to substantially comply with the Property Maintenance Code. � �ii i 2. Fees: All fees required pursuant to the issuance of a rental license 'pl are paid in full to the City. �II il 3. Successful Rental Property Management Class: '� S 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 pro- � gram attendance requirement. � � October 2018 City of Dubuque 14-1 J-3 14-1 J-3 I � � 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; i (2) The property has no history of priority category designa- tion or an founded Code violations within the revious twelve � Y p (12) months; and � �� !I � (3) A waiver will not provide the property owner with an unfair � advantage in a competitive real estate market. f ii 4. Criminal Background Checks: ' � r a. The property owner, manager, or licensed real estate profes- �� sional agrees to conduct criminal background checks for all prospec- �� tive tenants whose tenancy commences on or after July 1, 2011. A ;I background check may be performed using the City's free back- I ground check service or by another background check service � approved by the Gity Manager. The background checks must be ;� completed before the prospective tenant's tenancy begins. i', ! 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 i� finding that: �� (1) The property is properly licensed by the City of Dubuque; � � (2) The property has no history of priority category designa- �i tion or any founded Code violations within the previous twelve j (12) months; and ' i � (3) A waiver will not create a danger to nearby residents. 5. Rental Property Inspections I a. The property owner, manager, or licensed real estate profes- sional shall make a rental property available for inspection by the City of Dubuque and shall comply with the lowa Code requirements for tenant notification. � � October 2018 City of Dubuque n 14-1 J-3 14-1 J-3 � � The City Manager shall develop a written Rental Housing Tiered Inspection Program which shall govern the cycle, frequency, record- � keeping, and conditions of rental inspections. � q J. Suspension And Revocation Of Rental License: � 6 1. Causes: The City Manager may, for good cause, suspend or a 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: / y � � � ,, a. Conviction, judgment, plea of guilty, or finding of guilt of the � licensee for violation of any provision of the Property Maintenance � Code; �� 'J b. Misrepresentation by the licensee of any material fact in the ��i application for a rental license; ! I� � c. Refusal by the licensee to permit inspection of the licensed 1 rental unit(s) by authorized City personnel; � � I� d. Nonpayment of the fee for renewal of the rental license; e. Failure to attend the Successful Rental Property Management � Class; � f. Failure to perform a required criminal background check on an applicant for tenancy after July 1, 2011; or 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 � � October 2018 City of Dubuque 14-1 J-3 14-1 J-4 � � certified United States mail to the licensee at the address on file with � the City Manager. ,4 G� iF 5. Appeal: The licensee may appeal the decision of the City Manager 4 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 I! revocation. ' �i p 6. Notice To Tenant: Upon suspension or revocation the City Man- � i' ager must give written notice of the suspension or revocation of the ; � license to each tenant, requiring the tenant to vacate the premises C 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- �i ties under title 1, chapter 4 of this Code. I, � 7. Relocation Of Tenants: If suspension or revocation of a rental license is the responsibility of the property owner, manager, or '� licensed real estate professional, as determined by the City Man- ;; ager, then any displaced tenants shall be relocated at the property i� owner, manager, or licensed real estate professional's expense and '� the City Manager is authorized to assess the rental property for any ;; �� costs incurred by the City. �i i � � � �` K. Relationship Of Rental License To Other Codes: The issuance of a �, rental license for a rental unit does not in any way signify or imply I the rental unit conforms with lowa law or this Code, nor does the , issuance of a license relieve the property owner, manager, or ; licensed real estate professional of the responsibility for compliance with applicable lowa law and this Code. (Ord. 21-18, 7-2-2018) �; � I 14-1 J-4: PRIORITY CATEGORY: �I;, G A. Priority Category Designated: The City Manager may designate a �' property owner, manager, or licensed real estate professional a F � priority category for purposes of the Property Maintenance Code if � � three (3) times within a period of twelve (12) consecutive months the property owner, manager, or licensed real estate professional: 1. Has a rental license suspended; 2. Has a rental license revoked; � �3. Is noncompliant with Property Maintenance Code orders in excess � of ninety (90) days without either an extension of time or variance � � October 2018 � City of Dubuque � � 14-1 J-4 14-1 J-4 � � from the Housing Board of Appeals or good faith progress as deter- mined by the City Manager; , 4. Fails to perform a mandated criminal background check on a q tenant; or V� I! 5. Receives a citation for a Property Maintenance Code violation. II B. Notice Of Priority Category Status: Whenever the City Manager � designates a property owner, manager, or licensed real estate pro- � '' fessional to be a priority category under subsection A of this section, � �r the City Manager must give notice of the designation to the property " owner, manager, or licensed real estate professional responsible. i Each notice must: 1. Be in writing; � 'I 2. Include a listing of the basis for designating the property owner, � manager, or licensed real estate professional a priority category; � �� ti 3. Be served upon the property owner, manager, or licensed real i; estate professional by delivering the same at the property owner, �� manager, or licensed real estate professional's residence, office, or ; ;'! place of business in person or by mailing by certified mail or regular � � mail to such address. All such mail must bear indicia requesting ; return to sender or forwarding address if not deliverable as addressed; and 4. Contain a statement that: �� a. The property owner, manager, or licensed real estate � professional may appeal from the notice of the City Manager to the G Housing Board of Appeals; � � b. An appeal must be made in writing and filed with the City � Manager within twenty (20) days from the date of service of the � designation notice; and c. A failure to appeal will constitute a waiver of all rights to an appeal. 5. This section may not be interpreted to prevent the enforcement and imposition of fines and penalties for Property Maintenance Code violations. (Ord. 52-16, 10-17-2016) � � October 2018 City of Dubuque � h 14-1 J-5 , 14-1 J-5 � ,� 14-1 J-5: PROCEDURE FOR HEARING APPEAL OF PRIORITY � CATEGORY STATUS: � ; A. Notice Of Appeal: A property owner, manager, or licensed real estate � professional designated a priority category by the City Manager '�'I under section 14-1 J-4 of this article may appeal to the Housing � Board of Appeals for a reconsideration of such status. An appeal �; must be filed in writing within twenty (20) days of the notice of ij designation as a priority category. The notice of appeal must include t �/� the following: � li �i 1. Name and address of the appellant; i �, 2. A brief statement in ordinary and concise language of any material f facts claimed to support the contentions of the appellant; I,I �ii 3. A brief statement in ordinary and concise language of the relief �a sought, and the reasons why it is claimed the order appealed from ;�, should be reversed; and ' �i 4. The signature of the appellant and the appellant's mailing � address. i� � �; �',I ii ;; �� il i�. I� � . � C 'ii u " � � � � � � � � � October 2018 City of Dubuque W � / � �II li A � � � u i� �I il � I I II � ( l I qi II I'i i� I �I I� ii I' C � i � I :` ; � ; � � � y � q �i � ; � ` � � l, " � � 9 E 14-4-1 14-4-1 i �� „ CHAPTER 4 � � LICENSING OF VACANT AND/OR , � ABANDONED BUILDINGS � �� SECTION: � � ,� 14-4- 1: Definitions � ` 14-4- 2: Vacant And/Or Abandoned Building License G 14-4- 3: Registration � 14-4- 4: Fees � 14-4- 5: Terms Of Licenses ' 14-4- 6: Inspections � 14-4- 7: Renewal Licenses 14-4- 8: Renewal, Penalty For Failure To Renew License i;, 14-4- 9: Revocation, Reinstatement Measures �i 14-4-10: Relationship Of License To Other Codes �i ; f i�l! �' 14-4-1: DEFINITIONS: For the purpose of this chapter, certain terms, � �� phrases, words and their derivatives shall be construed as �, specified in either this chapter or as specified in the Building Code or the • � Property Maintenance Code. Where terms are not defined, they shall have � their ordinary accepted meanings within the context in which they are used. �i Unless otherwise expressly stated or unless the context clearly indicates a �; different intent, the following terms shall, for the purpose of this chapter, ' have the following meanings: � � ABANDONED Any building or portion thereof which has stood G BUILDING: with an incomplete exterior shel! for six (6) ; months or longer which meets one or more of � C� the following criteria: � A. Is unsecured; B. Is unoccupied; or C. Is in violation of the International Property Maintenance Code, International Building Code, International Residential Code, or International Fire Code adopted by the City of Dubuque. � \ � � October 2018 City of Dubuque W 9 14-4-1 14-4-1 i y � BUILDING CODE: The International Building Code promulgated by '� the International Code Council, as adopted in section 14-1 A-1 of this title. h I� CITY MANAGER: Includes the City Manager's designee. � DANGEROUS Any building or structure which has any or all of � BUILDING: the conditions or defects hereinafter described; 'y provided, that such conditions or defects exist j to the extent that the life, health, property or /� � safety of the public or the occupants of the � '� building are endangered: �' ; A. Whenever any door, aisle, passageway, I{ stairway or other means of exit is not of suffi- ;� cient width or size or is not so arranged as to I provide safe and adequate means ofi exit in case of fire or panic. i� ,�� B. Whenever the walking surface of any aisle, ,' passageway, stairway or other means of exit is ',� warped, worn, loose, torn or otherwise unsafe ;; as to not provide safe and adequate means of � � exit in case of fire or panic. �, �� C. Whenever the stress in any materials, mem- 7 ber or portion thereof, due to all dead and live I, loads, is more than one and one-half (1'/2) times � the working stress or stresses allowed in the ;i Building Code for new buildings of similar struc- � ture, purpose or location. � D. Whenever any portion thereof has been dam- P aged by fire, earthquake, wind, flood or by any �� other cause, to such an extent that the struc- � li tural strength or stability thereof is mafierially � II less than it was before such catastrophe and is less than the minimum requirements of the � Building Code for new buildings of similar struc- � ture, purpose or location. � E. Whenever any portion or member or appurte- nance thereof is likely to fail, or to become � � October 2018 City of Dubuque 14-4-1 14-4-1 �' � , detached or dislodged, or to collapse and there- � by injure persons or damage property. �,� � F. Whenever any portion ofi a building, or any � member, appurtenance or ornamentation on the ' exterior thereof is not of sufficient strength or � stability, or is not so anchored, attached or � fastened in place so as to be capable of resist- � ing a wind pressure of one-half ('/2) of that � specifiied in the Building Code for new buildings � of similar structure, purpose or location without � exceeding the working stresses permitted in the � Building Code for such buildings. j� � G. Whenever any portion thereof has wracked, ; warped, buckled or settled to such an extent i� that walls or other structural portions have �{ materially less resistance to winds or earth- � quakes than is required in the case of similar � new construction. �', ;i � H. Whenever the building or structure, or any � - portion thereof, is likely to partially or complete- � � � ly collapse because of: � Ii 1. Dilapidation, deterioration or decay; �", I� 2. Faulty construction; � 3. The removal, movement or instability of � any portion of the ground necessary for the pur- pose of supporting such building; ; � 4. The deterioration, decay or inadequacy of � � its foundation; or 5. Any other cause. ' I. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. � J. Whenever the exterior walls or other vertical � structural members list, lean or buckle to such � � October 2018 City of Dubuque R 14-4-1 14-4-1 � an extent that a plumb line passing through the � center of gravity does not fall inside the middle � one-third ('/3) of the base. K. Whenever the building or structure, exclusive of the foundation, shows thirty three percent '� (33%) or more damage or deterioration of its '� supporting member or members, or fifty percent � (50%) damage or deterioration of its nonsup- porting members, enclosings or outside walls or / :I coverings. `� !� I L. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, � or has become so dilapidated or deteriorated as !I to become: 1) an attractive nuisance to children; �,� 2) a harbor for vagrants or criminals; or as to I 3) enable persons to resort thereto for the pur- �';� pose of committing unlawful acts. 'i � ii. M. Whenever any building or structure has been �; constructed, exists or is maintained in violation j of any specific requirement or prohibition appli- � 1 cable to such building or structure provided by '� � the building regulations of this City, as specified ;q in the Building Code or Property Maintenance h Code, or of any law or ordinance of this State or � City relating to the condition, location or �I structure of buildings. N. Whenever any building or structure which, I�', whether or not erected in accordance with all �! applicable laws and ordinances, has in any non- � supporting part, member or portion less than � fifty percent (50%), or in any supporting part, ; �5 member or� portion less than sixty six percent � � (66%) of the: 1) strength; 2) fire resisting quali- � ties or characteristics; or 3) weather resisting � qualities or characteristics required by law in the case of a newly constructed building of like � area, height and occupancy in the same loca- tion. O. Whenever a building or structure, used or intended to be used for dwelling purposes, � � � October 2018 City of Dubuque � . 14-4-1 14-4-1 '' � because of inadequate maintenance, dilapida- � tion, decay, damage, faulty construction or ' arrangement, inadequate light, air or sanitation � facilities, or otherwise, is determined by the ; Health Officer to be unsanitary, unfit for human � habitation or in such a condition that is likely to ij cause sickness or disease. Ij � li P. Whenever any building or structure, because �� i of obsolescence, dilapidated condition, deterio- � � ration, damage, inadequate exits, lack of suffi- II cient fire resistive construction, faulty electric � �, wiring, gas connections or heating apparatus, or ,; other cause, is determined by the Fire Marshal to be a fire hazard. ;' '',i Q. Whenever any building or structure is in such j; condition as to constitute a public nuisance II known to the common law or in equity jurispru- i� dence. � R. Whenever any portion of a building or struc- ji � ture remains on a site after the demolition or 'i u; destruction of the building or structure or when- ever any building or structure is abandoned for � a period in excess of six (6) months so as to ; constitute such building or portion thereof an '; attractive nuisance or hazard to the public. � �I FIRE CODE: International Fire Code, as adopted by chapter � 1, article E of this title. p � NUISANCE: Each of the following shall be defined as a "nui- ; sance": '' � � � A. Any public nuisance known at comrnon law or in equity jurisprudence. � � B. Any attractive nuisance which may' prove ' detrimental to persons whether in a building, on the premises of a building, or upon an unoccu- pied lot. � � � � October 2018 City of Dubuque � � � 14-4-1 14-4-1 � � C. Whatever is dangerous to human life or is a menace to the public health, welfare or safety as determined by the City Manager. D. A building that is strucfurally unsafe, unsani- ! tary or not provided with adequate safe egress, ! or that constitutes a fire hazard, or otherwise � constitutes a hazard by reason of inadequate maintenance, dilapidation or obsolescence or abandonment. ' � � 1 E. Uncleanliness to the risk of unhealthiness, as 1 determined by the City Manager. F. Whatever renders air, food or drink unwhole- j some or detrimental to the health of human � beings, as determined by the City Manager. � i PROPERTY The City of Dubuque Property Maintenance MAINTENANCE CODE: Code, as adopted in chapter 1, article J of this ;I title. j � RESIDENTIAL CODE: International Residential Code, as adopted by ; � chapter 1, article B of this title. '� � UNOCCUPIED: Not engaged in any principal permitted uses or ; conditional uses designated for the zoning dis- trict in which a building is located. i VACANT BUILDING: Any building or portion thereof which has been ! unoccupied for a continuous period of time over � twelve (12) months and which meets one or mare of the following criteria: i A. Unsecured; j� � P B. Secured by means other than those used in the design of the building; C. Declared a "dangerous building" as defined in this section; D. Unfit for occupancy as determined by the City Manager; � C � October 2018 City of Dubuque � i 14-4-1 14-4-3 �� ;, � � � � '�i E. Noncompliant with the International Property � Maintenance Code; '� � F. Has Housing, Building, Fire, Health or Zoning � Code violations; �I ;! G. Open to vagrants, vandals, children or the 1 ;; unwary; or � 1 ; �� H. Not consuming or using one or more utilities � provided by any one or more of the public utili- �. ties. '� �, ��, 1. For purposes of this chapter, public utilities � are defined as water, natural gas, and electric- i'; �ty. �: r 2. The minimum fee billed for properties u� having a water meter, stop box, or service line ; but not actually using water does not constitute i;, water consumption for purposes of this chapter. i�,! 3. Stormwater does not constitute a public � utility for purposes of this chapter. (Ord. 37-18, I� 9-17-2018) I ,; 14-4-2: VACANT AND/OR ABANDONED BUILDING LICENSE: No !� person or business shall maintain a vacant or abandoned ', building as defined by this chapter, in the City unless such person or " business hoids a current unrevoked abandoned or vacant building license, � issued by the City Manager, in the name of the owner/operator for the ; specific named building. (Ord. 44-07, 8-6-2007) ;� P � ; � 14-4-3: REGISTRATION: � \ A. Registration Required: The owner shall register a vacant or aban- doned building with the City Manager not later than thirty (30) calendar days after any building in the City becomes abandoned or vacant as defined in this chapter. Failure to register an abandoned or vacant building or providing false information to the City Manager shall be a violation of this chapter. � � � October 2018 City of Dubuque p 14-4-3 14-4-5 i" � � a B. Information: The registration shall include the following information: � � 1. A description of the premises; �� h 2. The names and addresses of the owner or owners, � P: ;; 3. The names and addresses of all known lien holders and all other d parties with an ownership interest in the building; r �,4. The name of the agent designated to act on the behalf of an out of j � town property owner to accept legal processes and notices, and to t �� authorize repairs as required; and !I �� 5. The period of time the building is expected to remain vacant � and/or a plan and timetable to comply with applicable City codes. �I� (Ord. 44-07, 8-6-2007) �i ; �; i 14-4-4: FEES: The owner of a vacant or abandoned building shall pay i an annual fee reasonably related to the administrative cost of � registering and processing the registration form and the costs of the City in �i; monitoring and inspecting the property as established by the City Manager i and shall be paid in full prior to the issuance of any permits or acceptance � � of the registration form for the subject property. (Ord. 44-07, 8-6-2007) �� I� � 14-4-5: TERMS OF LICENSES: A. License Term: Every license issued under this chapter shall expire ti on December 31 of the year in which issued and shall become delin- I� quent on March 31 of the year due. B. Application For Renewal: Upon application, a license may be renewed and remain effective for successive periods of one calendar i year unless sooner revoked at any time by the City Manager for non- ; compli�nce with any applicable provisions of this Code. � ' C. Transfer: Licenses may be transferred from one person or business � to another, provided notice of the transfer is given in writing within five (5) working days of the transfer, to the City Manager. D. Nontransferable From Building To Building: Licenses shall not be transferable from one building to another. � � � October 2018 City of Dubuque � 14-4-5 14-4-8 � � � � E. Notify City Of Transfer Or Disposal: Every person or business hold- � ing a license shall give notice in writing to the City Manager within ,, five (5) working days after having transferred or otherwise disposed y of the legal control of the licensed building. Such notice shall include � the name and address of the persons or businesses succeeding to k the ownership or control of such licensed building. (Ord. 44-07, ;! 8-6-2007) ii � �,� ;�' 14-4-6: INSPECTIONS: The owner shall allow inspection of the build- ; � ing by City representatives upon request and shall allow � annual inspection of the interior and exterior of the premises for the pur- i; pose of enforcing and assuring compliance with the provisions of this chap- �� ter and the Housing, Building and Fire Codes. (Ord. 44-07, 8-6-2007) � I; 14-4-7: RENEWAL LICENSES: The City Manager is hereby author- ` �� ized to issue and renew vacant or abandoned building ; licenses for specific buildings, in the names of the applicant owners, �I operators or managers, provided the following criteria are met: �� ;i i; A. Building In Compliance With Regulations: The building for which the F � license is sought is warranted by the owner or operator to substan- !; t tially comply with applicable provisions of this Code. Ij � B. Application By Owner: The owner or operator legally authorized and responsible for maintenance of the building for which a vacant or jl abandoned building license is sought shall first make application � therefor on an application provided by the City Manager. �i C. Pa ment Of Fees: All fees re uired b this Code �� y q y pursuant to the � issuance of a vacant or abandoned building license are paid in full to � the City. �; D. Agent Of Owner/Operator: The applicant shall desi nate a res onsi- � � 9 p ,I ble agent to represent fhe owner/operator whenever the said appli- cant is not available for maintenance of the building for which a license is sought. Said agent shall have full authority and responsi- bility, the same as the owner/operator, for maintaining the building. (Ord. 44-07, 8-6-2007) 14-4-8: RENEWAL, PENALTY FOR FAILURE TO RENEW LICENSE: An application for renewal of a vacant or aban- � � October 2018 City of Dubuque s7 7 � 14-4-8 14-4-10 � �� doned building license may be made within sixty (60) days prior to the � expiration of an existing operating license. Application for renewal of vacant ij or abandoned building licenses shall be due on January 1. Application may � be made and license fees paid until March 31 without penalty. Each day � that the owner fails to renew such license as required by this chapter shall constitute a separate violation for which a Municipal infraction citation may j be issued. (Ord. 44-07, 8-6-2007) � k 14-4-9: REVOCATION, REINSTATEMENT MEASURES: If a vacant / � or abandoned building license is revoked by the City Manager '' �� for noncompliance with any applicable provisions of this Code, the owner/ � operator of the building shall be given thirty (30) days to comply with the ;i provisions of this Code. Extensions of such thirty (30) day period may be � granted at the discretion of the City Manager. Upon expiration of the thirty I; (30) day period, or any extension thereof, if the building continues to be �� noncompliant, a Municipal infraction will be issued. (Ord. 44-07, 8-6-2007) ; ; i i II, 14-4-10: RELATIONSHIP OF LICENSE TO OTHER CODES: The �,; issuance of any license for any vacant or abandoned building � shall not in any way signify or imply that the building conforms with the $ lowa State Building Code or the housing, building, zoning, fire ordinances � ;j or other codes and ordinances adopted by the City. The issuance of a � � license shall not relieve the owner or operator of the responsibility for ' compliance with said applicable Housing, Building, Zoning, Fire or other applicable codes and ordinances. (Ord. 20-12, 3-5-2012) � t� �: ii ti �, � �' � r � � � � I October 2018 City of Dubuque � -M- -M- � � MOTOR VEHICLES AND TRAFFIC (cont.) � Permitting Unauthorized Minor To Drive . . . . . . . . . 9-4-321.219 ,� Permitting Unauthorized Person To Drive . . . . . . . . 9-4-321.220 � � Records Of Rentals . . . . . . . . . . . . . . . . . . . . . . . . 9-4-321.224 ',� Renting Motor Vehicle To Unlicensed Persons . . . . 9-4-321.222 ' Unlawful Use Of License . . . . . . . . . . . . . . . . . . . . 9-4-321.216 Equipment Brakes, Hitches, And Sway Control j Brake Requirements . . . . . . . . . . . . . . . . . . . . . . 9-12-321.430 � Performance Ability Of Brakes . . . . . . . . . . . . . . . 9-12-321.431 � Lighting Equipment N Clearance And Identification Lights On Trucks, �� Trailers, And Semitrailers . . . . . . . . . . . . . . . . . 9-12-321.392 i Headlamps On Motor Vehicles . . . . . . . . . . . . . . . 9-12-321.385 Headlamps On Motorcycles And Motorized �i y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � Bic cles 9-12-321.386 �, Illuminating Plates . . . . . . . . . . . . . . . . . . . . . . . . 9-12-321.388 '; Lamp Or Flag On Projecting Load . . . . . . . . . . . . 9-12-321.394 � Lamps On Other Vehicles And Equipment . . . . . . 9-12-321.398 ; Lamps On Parked Vehicles . . . . . . . . . . . . . . . . . 9-12-321.395 I� Mandatory Lighting Equipment . . . . . . . . . . . . . . . 9-12-321.409 'I u Rear Lamps . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-12-321.387 i; Red Light In Front . . . . . . . . . . . . . . . . . . . . . . . . 9-12-321.422 � � Required Usage Of Lighting Devices . . . . . . . . . . 9-12-321.415 ; � Signal Lamps And Devices . . . . . . . . . . . . . . . . . 9-12-321.404 i� � Spot Lamps . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-12-321.402 y When Lighted Lamps Required . . . . . . . . . . . . . . 9-12-321.384 �, Miscellaneous Equipment �' Child Restraint Devices . . . . . . . . . . . . . . . . . . . . 9-12-321.446 � i; Horns And Warning Devices . . . . . . . . . . . . . . . . 9-12-321.432 ; Metal Tires Prohibited . . . . . . . . . . . . . . . . . . . . . 9-12-321,441 i Mirrors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-12-321.437 , Mufflers, Prevention Of Noise . . . . . . . . . . . . . . . 9-12-321.436 � Projections On Wheels . . . . . . . . . . . . . . . . . . . . 9-12-321.442 � Restrictions As To Tire Equipment . . . . . . . . . . . . 9-12-321.440 � Safety Belts And Safety Harnesses . . . . . . . . . . . 9-12-321.445 � � Sirens And Bells Prohibited . . . . . . . . . . . . . . . . . 9-12-321.433 � Windshield Wipers . . . . . . . . . . . . . . . . . . : . . . . 9-12-321.439 ' Windshields And Windows . . . . . . . . . . . . . . . . . . 9-12-321.438 Safety Standards Movement Of Unsafe Or Improperly Equipped Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-12-321.381 Sale Of Unsafe Vehicles . . . . . . . . . . . . . . . . . . 9-12-321.381A Upgrade Pulls; Minimum Speed . . . . . . . . . . . . . . 9-12-321.382 � � t October 2018 City of Dubuque � � p i� � -M- -M- � � j n � � MOTOR VEHICLES AND TRAFFIC (cont.) � General Provisions � Applicability Of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-1-321.2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-1-321.1 � Impoundment Of Vehicles � Generally . . . . . . . . . . . . . . . . . . . . . . . � Intent And Purpose 9-15-321.750 ��' Scofflaw j Owner Responsibility . . . . . . . . . . . . . . . . . . . . . . 9-15-321.752 Removal And Impoundment . . . . . . . . . . . . . . . . . 9-15-321.751 ,- � Street Storage � � Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-15-321.761 �� Exclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-15-321.763 i, Intent And Purpose . . . . . . . . . . . . . . . . . . . . . . . 9-15-321.760 i Unattended Vehicles . . . . . . . . . . . . . . . . . . . . . . 9-15-321.762 �I Towing And Storage P, Auction Of Vehicles . . . . . . . . . . . . . . . . . . . . . . . 9-15-321.772 ''! Notice To Owner . . . . . . . . . . . . . . . . . . . . . . . . . 9-15-321.770 i Unauthorized Removal Of Vehicle . . . . . . . . . . . . 9-15-321.771 y� Miscellaneous City Provisions i,i Administration Arrest, Notice To Appear . . . . . . . . . . . . . . . . . . 9-16-321.1000 ;, Authority Of Peace Officers To Stop Vehicles . . . 9-16-321.1002 � Records Of Violations . . . . . . . . . . . . . . . . . . . . 9-16-321.1001 � Road Work Zone Violations . . . . . . . . . . . . . . . . 9-16-321.1003 � Noise Vehicular Noise . . . . . . . . . . . . . . . . . . . . . . . . . . 9-16-321.800 Prohibited Activities Moving Vehicle Into Prohibited Area . . . . . . . . . . 9-16-321.2000 ; Operation Of Advertising Vehicles . . . . . . . . . . . 9-16-321.2002 i Repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-16-321.2001 j' Trucks And/Or Machinery � Engine Brakes And Compression Brakes . . . . . . . 9-16-321.805 ;� � Heavy Vehicles Prohibited On Certain Bridges . . . 9-16-321.903 � Motor Truck Route� . . . . . . . . . . . . . . . . . . . . . . . 9m16�321.901 � Vehicles With Caterpillar Wheels Or Heavy Lugs � Restricfied . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-16-321.900 � Miscellaneous Rules Cleaning Up Wrecks . . . . . . . . . . . . . . . . . . . . . . . . . . 9-10-321.371 ; Coasting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-10-321.365 , Crossing Fire Hose . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-10-321.368 " Duty Of Driver Approaching Crest Of Hills, Blind Curves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-10-321.363A Following Fire Apparatus . . . . . . . . . . . . . . . . . . . . . . 9-10-321.367 Obstruction To Driver's View . . . . . . . . . . . . . . . . . . . . 9-10-321.363 Responsibility When Leaving Motor Vehicle Unattended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-10-321.362 � f � October 2018 City of Dubuque