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Adoption of Supplement Number 2023 S-9 to the City of Dubuque Cod Copyrighted February 6, 2023 City of Dubuque Consent Items # 026. City Council Meeting ITEM TITLE: Adoption of Supplement Number 2023 S-9 to the City of Dubuque Code of Ordinances SUM MARY: City Clerk recommending approval of the resolution adopting Supplement No. 2023 S-9 as part of the Code of Ordinances of the City of Dubuque. RESOLUTION Adopting Supplement No. 2023 S-9 to the Code of Ordinances of the City of Dubuque, lowa SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Staff Memo Staff Memo Resolution Resolutions Code Supplement Supporting Documentation Dubuque City Clerk's Office THE CITY OF � City Hall All•AnieneaCity 50 W. 13"'Street ��� � 1����� ', �j'1 Du�563)5 9 4 20 ffce � � (563)589-0890 fax zoo�-zoiz-zoi3 ctyderk@cityofdubuque.org Masterpiece on the Mississippi zoi�*zoig www.cityofd u buque.org TO: Honorable Mayor and City Council Members FROM: Adrienne N. Breitfelder, City Clerk SUBJECT: Adoption of Supplement Number 2023 S-9 to the City of Dubuque Code of Ordinances DATE: January 31, 2023 The attached resolution provides for the adoption of Supplement Number S-9 of January 2023 to the City of Dubuque Code of Ordinances, which codifies Ordinance Numbers 33- 22 through 47-22 as approved by the City Council through December 19, 2022. Section 380.8 of the lowa Code outlines the City's code of ordinance requirements: 380.8 Code of ordinances published 1. a. A city shall compile a code of ordinances containing all the city ordinance in effect, except grade ordinances, bond ordinances, zoning map ordinances, ordinances vacating streets and alleys, and ordinances containing legal descriptions of urban revitalization areas and urban renewal areas. b. A city may maintain a code of ordinances either by compiling at least annually a supplement to the code of ordinances consisting of all new ordinances and amendments to ordinances which became effective during the previous year and adopting the supplement by resolution or by adding at least annually new ordinances and amendments to ordinances to the code of ordinances itself. Since August 17, 2009, the City Council has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances. Supplements of the Code of Ordinances are prepared by American Legal Publishing of Cincinnati, Ohio. I respectfully request City Council approval of the resolution adopting Supplement No. 2023 S-9 as part of the Code of Ordinances of the City of Dubuque. Prepared by Adrienne N Breitfelder, City Clerk 50 W. 131h St Dubuque Iowa 52001 (563) 489-4100 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13,n St., Dubuque, Iowa 52001, (563) 489-4100 RESOLUTION NO. 30-23 ADOPTING SUPPLEMENT NO. 2023 S-9 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 Ordinance; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution, become part of the Code of Ordinance; and Whereas, Code Supplements are prepared by the American Legal Publishing of Cincinnati, Ohio 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. 2023 S-9 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 33-22 through 47-22 as approved by the City Council through December 19, 2022, is hereby adopted, and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved, and adopted this 61h day of February 2023. Attest: //� A4g& Adrienne N. Breitfelder, CK4C, City Clerk DUBUQUE, IOWA �\ I _ Instruction Sheet "' - � n �''% �, i January 2023 - S-9 Supplement j� � REMOVE OLD PAGES INSERT NEW PAGES � w VOLUMEI __T�, == rT Cover Page Cover Page w `�' - . �- �� r=��-� � Preface Preface ��= `� - � f I"I 2-2-1 through 2-2-18 (5 pages) 2-2-1 through 2-2-18 (5 pages) « � v 2-7-1 through 2-7-15 (5 pages) 2-7-1 through 2-7-15 (5 pages) 3-2-1 through 3-2-2 A. (U.S. Highway 3-2-1 through 3-2-2 A. (U.S. Highway 151/61) (2 pages) 151/61) (2 pages) 3-2-6 through 3-2-7 (1 page) 3-2-6 through 3-2-8 (1 page) 9-16-321.900 (over any street) through 9-16-321.900 (over any street) through 9-16-321.1000 B. (2 pages) 9-16-321.1000 B. (2 pages) VOLUMEII Cover Page Cover Page 16-10-8 A.S. through 16-10-8 B.1. 16-10-8 A.S. through 16-10-8 B.1. (2 pages) (2 pages) 16-10-8 H.15. through 16-10-12 (2 pages) 16-10-8 H1 S. through 16-10-12 (2 pages) INDEX -P- (Public Ways And Property - Streets, -P- (Public Ways And Property - Streets, Sidewalks And Other Public Places) Sidewalks And Other Public Places) through -R- (Rights-Of-Way - through -R- (Rights-pf-Way - Nonfranchised Communications Systems - Nonfranchised Communications Systems - Regulations) (2 pages) Regulations) (2 pages) aps 1/2023 CITY CODE of DUBUQUE I OWA Code current through: Ord. 47-22, passed 12-19-2022 � Published by: STERLING CODIFIERS an AMERICAN LEGAL PUBLISHING COMPANY i 525 Vine Street O Suite 370 O Cincinnati, Ohio 45202 1-800-445-5588 4 www.amlegal.com I PREFACE This code of the City of Dubuque, as supplemented, contains ordinances up to and including ordinance 47-22, passed December 19, 2022. Ordinances of the City adopted after said ordinance supersede the provisions of this code to the extent that they are in conflict or inconsistent therewith. Consult the City office in order to ascertain whether any particular provision of the code has been amended, superseded or repealed. Sterling Codifiers Cincinnati, Ohio January 2023 City ofDubugue 2-2_� 2-2-3 CHAPTER 2 CIVIL SERVICE COMMISSION SECTION: 2-2-1: Commission Created 2-2-2: Purpose 2-2-3: Internal Organization And Rules 2-2-4: Procedures For Operation 2-2-5: Membership 2-2-6: Oath 2-2-7: Terms 2-2-8: Vacancies 2-2-9: Off i ce rs/O rg a n izat i o n 2-2-10: Meetings 2-2-11: Compensation 2-2-12: Removal 2-2-13: Powers 2-2-14: City Council To Furnish Meeting Room, Equipment, Recorder 2-2-15: Record Of Meetings And Personnel 2-2-16: Examination Of Applicants 2-2-17: Conduct Of Examinations; Certification Of Qualified Persons 2-2-18: Procedure For Conduct Of Hearing Appeals 2-2-1: COMMISSION CREATED: There is hereby created the civil service commission. (Ord. 56-15, 9-8-2015) 2-2-2: PU1tPOSE: The purpose of the commission is to conduct entrance examinations, conduct promotional examinations, and act as an appeals board as provided in chapter 400 of the lowa Code. (Ord. 56-15, 9-8-2015) 2-2-3: INTERNAL ORGANIZATION AND RULES: The commission may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with this code or the lowa Code. (Ord. 56-15, 9-8-2015) January 2023 City of Dubuyue I 2-2-4 2-2-5 2-2-4: PROCEDURES FOR OPERATION: All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the commission in all its operations. (Ord. 56-15, 9-8-2015) 2-2-5: MEMBERSHIP: A. Composition: The commission comprises three (3) residents of the city, appointed by the city council. B. Age: Residents must be eighteen (18) years of age or older. C. Special Qualifications: 1. Commissioners must be citizens of lowa, eligible electors as defined in the Iowa Code, and may not hold or be a candidate for any office of public trust. 2. The human rights director shall, ex officio, be a member, without vote. 3. Commissioners may not do any of the following: a. Sell, or in any manner become parties, directly or indirectly, to any contract to furnish supplies, material, or labor to the city unless the sale is made or the contract is awarded by competitive bid in writing, publicly invited and opened. b. Have an interest, direct or indirect, in any contract or job of work or material or the profits thereof or services to be furnished or performed for the city unless the contract orjob is awarded by competitive bid in writing, publicly invited and opened. D. Gender Balance: Membership on the commission must comply with the provisions of lowa Code section 69.16A, relating to gender balance. No person may be appointed or reappointed to the commission if that appointment or reappointment would cause the number of inembers of one gender to be greater than one-half (1/2) of the membership of the commission plus one. If the city has made a good faith effort to appoint a qualified person to fill a vacancy on the commission for a period of three (3) months but has been unable to make a compliant appointment, the city must utilize a fair and unbiased method of selecting the best qualified applicants. (Ord. 56-15, 9-8-2015; amd. Ord. 47-22, 12-19-2022) January 2023 Ciry ofDubuque 2'2'6 2-2-10 2-2-6: OATH: Each person, upon appointment or reappointment to the commission, must execute an oath of office at the first meeting of the commission following the appointment or reappointment or at the city clerk's office any time prior to the first meeting of the commission. (Ord. 56-15, 9-8-2015) 2-2-7: TERMS: The term of office for commissioners is four (4) years or until such commissioner's successor is appointed and qualified. (Ord. 56-15, 9-8-2015) 2-2-8: VACANCIES: Vacancies must be filled in the same manner as original appointments. (Ord. 56-15, 9-8-2015) 2-2-9: OFFI CERS/ORGA�TIZATION: The commissioners must choose annually a chairperson and vice chairperson,each to serve a term of one year. The city clerk, or the city clerk's designee, is the clerk of the commission. The commissioners must fill a vacancy among its officers forthe remainder of the officer's unexpired term. (Ord. 56-15, 9-8-2015) 2-2-10: MEETINGS: A. Regular Meetings:The commission meets monthly. When there is no business, there is no obligation to meet. B. Special Meetings: Special meetings may be called by the chairperson or at the written request of a majority of the commissioners. C. Open Meetings: All meetings must be called and held in conformance with the lowa open meetings law. D. Attendance: 1. In the event a commissioner has been absent for three (3) or more consecutive meetings of the commission, without being excused by the chairperson, such absence will be grounds for the commission to recommend to the city coun�il that the position be declared vacant and a replacement appointed. January 2023 City ojDubugue 2-2-10 2-2-15 2. Attendance must be entered upon the minutes of all meetings. E. Minutes: A copy of the minutes of all regular and special meetings of the commission must be filed with the city council within ten (10)working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. F. Quorum: Two (2) 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. (Ord. 56-15, 9-8-2015; amd. Ord. 37-22, 11-7-2022) 2-2-11: COMPENSATION: Commissioners serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official commission business within the limits established in the city administrative policies and budget. (Ord. 56-15, 9-8-2015) 2-2-12: REMOVAL: The mayor may remove any commissionerfor cause upon written charges and after public hearing. (Ord. 56-15, 9-8-2015) 2-2-13: POWERS: The commission has the powers, duties, and responsibilities as outlined in chapter 400 of the lowa Code. (Ord. 56-15, 9-8-2015) 2-2-14: CITY COUNCIL TO Fi7RNISH MEETING ROOM, EQiJIPMENT, RECORDER: The city council must provide suitable rooms in which the commission may hold its meetings and supply the commission with all necessary equipment and a qualified shorthand reporterto enable it properlyto perform its duties. (Ord. 56-15, 9-8-2015) 2-2-15: RECORD OF MEETINGS AND PERSONNEL: The commission must keep a record of all its meetings and also a complete individual service record of each civil service employee which record must be permanent and kept up to date. (Ord. 56-15, 9-8-2015) January 2023 City ofDubuque 2-2-16 2-2-18 2-2-16: EXAMINATION OF APPLICANT5: Examinations for the positions in the city civil service are to be applicable and required of all applicants in accordance with the lowa Code. (Ord. 56-15, 9-8-2015) 2-2-17: CONDUCT OF EXAMINATIONS; CERTIFICATION OF QUALIFIED PERSONS: The commission must conduct examinations in accordance with the provisions of the laws of the state relative thereto, and for the purpose of determining the qualifications of applicants for positions under civil service, and must duly certify to the city council a list of the qualified persons as set forth in the lowa Code. (Ord. 56-15, 9-8-2015) '1-2-18: PROCEDURE FOR CONDUCT OF HEARING APPEALS: Notwithstanding chapter 1 of this title, the commission may adopt its own rules governing the procedure forthe conduct of hearing appeals. (Ord. 56-15, 9-8-2015) January 2023 City of Dubuque � z-�-� 2-7-3 CHAPTER7 BOARD OF LIBRARY TRUSTEES SECTION: 2-7-1: Board Created 2-7-2: Purpose 2-7-3: Internal Organization And Rules 2-7-4: Procedures For Operation 2-7-5: Membership 2-7-6: Oath 2-7-7: Terms 2-7-8: Vacancies 2-7-9: Officers/O rg a n ization 2-7-10: Meetings 2-7-11: Compensation 2-7-12: Removal 2-7-13: Powers 2-7-14: Charge Of Building, Donations 2-7-15: Annual Reports 2-7-1: BOARD CREATED: There is hereby created the board of library trustees. (Ord. 37-16, 8-1-2016) 2-7-2: PURPOSE: The purpose of the board is to control and direct the Carnegie-Stout Public Library. (Ord. 37-16, 8-1-2016) 2-7-3: INTERNAL ORGAIVIZATION AND RULES: The board may adopt rules and regulations to govern its organizational procedures as outlined in the board of trustees bylaws, which are not in conflict with this code of ordinances or the lowa Code. (Ord. 37-16, 8-1-2016) January 2023 Ciry of Dubuyue 2-7-4 2-7-8 2-7-4: PROCEDURES FOR OP�RATION: Except where the board's operations are governed by the lowa Code, the board may adopt policies to govern its operation. (Ord. 37-16, 8-1-2016) 2-7-5: MEMBERSHIP: A. The board comprises seven (7) residents of the city, appointed by city council. B. Residents must be eighteen (18) years of age or older. C. Membership on the board must comply with the provisions of lowa Code section 69.16A, relating to gender balance. No person can be appointed or reappointed to the board if that appointment or reappointment would cause the number of inembers of one gender to be greater than one-half (1/2) of the membership of the board plus one. If the city has made a good faith effort to appoint a qualified person to fill a vacancy on the board for a period of three (3) months but has been unable to make a compliant appointment, the city must utilize a fair and unbiased method of selecting the best qualified applicants. (Ord. 37-16, 8-1-2016; amd. Ord. 46-22, 12-19-2022) 2-7-6: OATH: Each person, upon appointment or reappointment to the board, must execute an oath of office at the first meeting of the board following the appointment or reappointment or at the city clerk's office any time prior to the first meeting of the board. (Ord. 37-16, 8-1-2016) 2-7-7: TERMS: The term of office for members of the board is four(4) years or until such member's successor is appointed and qualified. (Ord. 37-16, 8-1-2016) 2-7-8: VACANCIES: Vacancies must be filled in the same manner as original appointments. (Ord. 37-16, 8-1-2016) January 2023 City af Dubugue 2-7-9 2-7-11 2-7-9: OFFICERS/ORGANIZATI ON: The board must choose annually a chairperson and vice chairperson, each to serve a term of one year. The chairperson must appoint a secretary. The board must fill a vacancy among its officers for the remainder of the officer's unexpired term. (Ord. 37-16, 8-1-2016) 2-7-10: MEETINGS: A. Regular Meetings: The board must meet not less than what is required by the State Library Of lowa standards for accreditation. B. Special Meetings: Special meetings may be called by the chairperson or at the written request of a majority of the members. C. Open Meetings: All meetings must be called and held in conformance with the lowa open meetings law. D. Attendance: 1. The board must declare the office of a trustee vacant when the trustee is removed from the library board or the unexcused absence from six (6) consecutive regular meetings. 2. Attendance must be entered upon the minutes of all meetings. E: Minutes: A copy of the minutes of all regular and special meetings of the board must be filed with the city clerk within ten (10) working days after approval. F. Quorum: Four (4) members of the board constitute a quorum for the transaction of business. The affirmative vote of a majority of the members present and voting is necessary for the adoption of any motion or resolution. (Ord. 37-16, 8-1-2016) 2-7-11: COMPENSATION: Members serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official board business within the limits established in the city administrative policies and budget. (Ord. 37-16, 8-1-2016) January 2023 City of Dubuque 2-2-12 2_2_�3 2-7-12: REMOVAL: The mayor may remove any member for cause upon written charges and after a public hearing. (Ord. 37-16, 5-1-2016) 2-7-13: POWERS: The board has the following powers, duties, and responsibilities: A. To have charge, control, and supervision of the public library, its appurtenances and fixtures, and rooms containing the same, directing and controlling all the affairs of such library; B. To employ a librarian, such assistants, and employees as may be necessary for the proper management of said library, and fix their compensation; but, prior to such employment, the coinpensation of such librarian, assistants, and employees shall be fixed for the term of employment by a majority of the members of said board voting in favor thereof; C. To remove such librarian, assistants, or employees by a vote of twa-thirds (2/3) of such board for good cause; D. To select and make purchases of print and nonprint materials for the collection, furniture, fixtures, stationery, and supplies for such library; E. To authorize the use of such library by nonresidents of the city and to fix charges therefor; F. To make, adopt, amend, modify, or repeal bylaws, rules, and regulations not inconsistent with law, for the care, use, govemment, and management of such library and the business of said board, fixing and enforcing penalties for the violation thereof; G. To have exclusive control of the expenditures of all taxes levied for library purposes as provided by law, and of the expenditure of all monies available by gift or otherwise, for the erection of library buildings and of all other monies belonging to the library fund; and H. To contract with the trustees of the township or the Dubuque County board of supervisors or of adjacent townships or counties, or with the trustees or governing bodies of neighboring towns or cities not having library facilities for the public, to loan the books of said library, either singly or in groups, upon such terms as may be agreed upon in such contract. (Ord. 37-16, 8-1-2016) January 2023 City of Dubuque 2-2-14 2-2-15 2-7-14: CHARGE OF BUILDING,DONATIONS: The board has charge and control of the Carnegie-Stout Public Library building and all gifts and donations to the city for library purposes, and sees that the same are properly preserved for public use. (Ord. 37-16, 8-1-2016) 2-7-15: ANNUAL REPORTS: The board must each year make a report to the city council for the year ending December 31, giving a statement of the condition of the library, the number of books added thereto, the number circulated, the number not returned or lost, the amount of fines collected, and the amount of money expended in the maintenance thereof during such year, together with such other information as may be deemed important. (Ord. 37-16, 8-1-2016) January 2023 City ofDubuque 3-Z-� 3-2-2 CHAPTER2 REVITALIZATION AREAS SECTION: 3-2-1: Purpose 3-2-2: Dubuque Urban Revitalization Area 3-2-3: Kunkel And Associates 3-2-4: Lange Estate 3-2-5: 210 Jones Street 3-2-6: Alta Vista 3-2-7: Radford Road 3-2-8: Bies Drive 3-2-9: Plaza Drive 3-2-1: PURPOSE: The purpose of this chapter is to encourage the upgrading of neighborhoods by designating revitalization areas in the City in order that the provision of providing exemptions from taxation forqualified real estate assessed as residential properties in those areas is available for individual properties where improvements have been made and to authorize the issuance of revenue bonds for projects consistent with the revitalization plan for the designated revitalization area. (2007 Code § 43-31) 3-2-2: DUBUQUE iJRBAN REVITALIZATION AREA: A. The area hereinafter described is hereby designated as the Dubuque urban revitalization area in accordance with the Code of lowa: Beginning at its point of origin at the southwest corner of Central Avenue and Kaufmann Avenue, then proceeding westerly along Kaufmann Avenue to its intersection with Kane Street,then proceeding northwesterly along Kane Street to its intersection with Primrose Street, then proceeding northerly along Primrose Street to its intersection with Burlington Avenue, then proceeding northwesterly along Burlington Avenue to its intersection with National Street, then proceeding northeasterly along National Street to its intersection with Davenport Street, then proceeding northwesterly along Davenport Street to its intersection with Stoltz Street,then proceeding northeasterly along Stoltz Street to its intersection with Lemon Street, then proceeding northwesterly along Lemon Street to its intersection with 32nd Street,then proceeding northeasterly along 32nd Street to its intersection with Central Avenue/Highway 52, then proceeding northwesterly along Central Avenue/Highway 52 to its intersection with Aquin Street, then proceeding northeasterly along Aquin Street to its intersection with Jackson Street, then proceeding southeasterly along Jackson January 2023 City af Dubugue 3-2'2 3-2-2 Street to its intersection with West 32nd Street, then proceeding northeasterly along West 32nd Street until it becomes Peru Road, then proceeding northeasterly along Peru Road to its intersection with Sheridan Road, then proceeding easterly then southerly along Sheridan Road to its intersection with Davis Street,then proceeding easterly along Davis Street to its intersection with Windsor Avenue, then proceeding southerly along Windsor Avenue to its intersection with Hennepin Street, then proceeding easterly along Hennepin Street to its intersection with Stafford Street, then proceeding southerly along Stafford Street to its intersection with Pleasant Street,then proceeding easterly along Pleasant Street to its intersection with Viola Street, then proceeding northerly along Viola Street to its intersection with Eagle Street, then proceeding easterly then southeasterly along Eagle Street to its intersection with Thomas Place, then proceeding northeasterly along Thomas Place to its intersection with Ascension Street, then proceeding southeasterly along Ascension Street to its intersection with Prescott Street, then proceeding northeasterly along Prescott Street to its intersection with Roosevelt Street, then proceeding southeasterly along Roosevelt Street to its intersection with Lincoln Avenue, then proceeding northeasterly then easterly along Lincoln Avenue to its intersection with the lowa Chicago and Eastern Railroad right of way, then proceeding southwesterly along the lowa Chicago and Eastern Railroad right of way to its intersection with the north property line of the residential property at 2387 Garfield Avenue, then proceeding southeasterly along the north property line ofthe residential property at 2387 Garfield Avenue to its intersection with Garfield Avenue, then proceeding northeasterly along Garfield Avenue to its intersection with Hawthorne Street, then proceeding southeasterly along Hawthorne Street to its intersection with the alley between Garfield Avenue and Kerper Boulevard, then proceeding southwesterly along the alley between Garfield Avenue and Kerper Boulevard to its intersection with the north property line of the residential property at 2675 Kerper Boulevard, then proceeding southeasterly along the north property line of the residential property at 2675 Kerper Boulevard to its intersection with Kerper Boulevard, then proceeding southwesterly along Kerper Boulevard to its intersection with the south property line of the residential property at 2605 Kerper Boulevard, then proceeding northwesterly along the south property lines of the residential properties at 2605 Kerper Boulevard, 2310 Garfield Avenue and 2336 Garfield Avenue to the intersection of the lowa Chicago and Eastern Railroad right-of-way, then proceeding southwesterly along the lowa Chicago and Eastern Railroad right-of-way to its intersection with East 17th Street, then proceeding westerly along East 17th Street to its intersection with Elm Street, then proceeding southerly along Elm Street to its intersection with East 14th Street, then proceeding easterly along East 14th Street to its intersection with the alley between Elm Street and Pine Street, then proceeding southerly along the alley between Elm Street and Pine Street to its intersection with East 12th Street, then proceeding westerly along East 12th Street to its intersection with the Elm Street Connector, then proceeding southerly along the Elm Street Connector to its intersection with East 11th Street, then proceeding westerly along East 11th Street to its intersection with White Street, then proceeding southerly along White Street to its intersection with the U.S. Highway 151/61 :lanuary 2023 Ciry ofDubuque 3-Z-6 3-2-7 3-2-6: ALTA VISTA: The area hereinafter described is hereby designated as the Alta Vista Urban Revitalization Area in accordance with the Code of lowa: Church of the Nativity PI in the County of Dubuque, IA, City of Dubuque, lowa, according to the recorded plat thereof. (Ord. 6-19, 1-7-2019; amd. Ord. 50-19, 1-7-2019; Ord. 52-19, 11-18-2019) 3-2-7: RADFORD ROAD: The area hereinafter described is hereby designated as the Radford Road Urban , Revitalization Area in accordance with the Code of lowa: Lot 1 Wolff Place No 2 in the County of Dubuque, IA, City of pubuque, lowa, according to the recorded plat thereof. (Ord. 5-19, 1-7-2019; amd. Ord. 52-19, 11-18-2019) 3-2-8: BIES DRIVE: The area hereinafter described is hereby designated as the Bies Drive Urban Revitalization Area in accordance with the code of lowa; Lot 1 of Roger F. and Kathleen A Klauer Family Place in the County of Dubuque, lowa, City of Dubuque, lowa, according to the recorded plat thereof. (Ord. 36-22, 11-7-2022) 3-2-8: PLAZA DRIVE: The area hereinafter described is hereby designated as the Plaza Drive Urban Revitalization Area in accordance with the code of lowa: Lot 1 of Asbury Plaza No. 21 in the County of Dubuque, lowa, City of Dubuque, lowa, according to the recorded plat thereof. (Ord. 39-22, 11-21-2022; amd. Ord. 45-22, 12-19-2022) January 2023 City of Dubugue 9-16-321.900 9-16-321.901 over any street other than shown in such routing instructions. (Ord. 44-08, 6-16-2008) 9-16-321.901: MOTOR TRUCK ROUTES: A. Motor trucks registered for a gross weight limit exceeding ten thousand (10,000) pounds (5 tons) must travel over marked highways when operating in the city and may not depart from such marked highways, except that any motor truck whose destination is in the city may depart from such highway at that point on the highway nearest to its destination and then proceed directly to such destination. B. Motor trucks whose trips originate within the city must travel by the most direct route to that point on a marked highway nearest to such point of origin. C. Motor trucks entering the city on an unmarked highway must proceed to the nearest marked highway by the most direct route and then proceed to their destination, except when the destination lies between the point of entry into the city and the marked highway. This prohibition shall not apply to Central Avenue and White Street between 4th Street and 32nd Street from the de-designation of Central Avenue and White Street as the lowa Highway 52 motor truck route through the city by the lowa department of transportation and continue through December 31, 2023. D. Motor trucks registered for a gross weight limit exceeding ten thousand (10,000) pounds (5 tons) must not travel over the following streets: Ice Harbor Drive, from 1 st Street to the 3rd Street Overpass. Main Street, from 5th Street to 9th Street. E. The city manager is authorized to designate and establish by appropriate signs alternate motor truck routes and to post signs limiting motor trucks registered with a gross weight limit exceeding ten thousand (10,000) pounds(5 tons)from operating on nonhighway streets and the streets designated in subsection D of this section. F. The provisions of this section governing the travel of motortrucks on residential streets do not apply to public or private carriers of passengers on tour, fixed demand response, or dial-a- �ide routes or school or church buses. G. The scheduled fine for a violation of this section is fifty dollars ($50.00). (Ord. 19-13, 4-1-2013; amd. Ord. 30-20, 8-3-2020; Ord. 1-23, 1-3-2023) January 2023 ! City ofDubuque 9-16-321.902 9-16-321.1000 9-16-321.902: RESERVED: (Ord. 19-13, 4-1-2013) 9-16-321.903: HEAVY VEHICLES PROHIBITED ON CERTAIN BRIDGES: A. When signs are erected giving notice thereof, no person shall operate a vehicle exceeding the posted gross vehicle weight limits on, or over the following bridges: 10 tons Louise Lane Bridge 12 tons Brunskill Road Bridge 20 tons Cousins Road Bridge B. This section shall not apply to implements of husbandry or to implements of husbandry loaded on hauling units for transporting the implements to locations for purposes of repair. C. A person who violates this section shall, upon conviction or a guilty plea, be subject to a fine determined by dividing the difference between the actual weight of the vehicle and the maximum weight allowed by this section by one hundred (100) and multiplying the quotient by two dollars ($2.00). (Ord. 44-08, 6-16-2008) DIVISION 3. ADMINISTRATION 9-16-321.1000: ARREST,NOTICE TO APPEAR: Whenever a peace officer has reasonable cause to believe that a person has violated any provisions of this title, such officer may: A. Immediately arrest such person; or B. Without arresting the person, prepare in triplicate a written summons to appear in court containing the name and address of such person, the operator's or chauffeur's license number, if any, the registration number, if any, of such person's vehicle, the offense charged, and the time when and the place where such person shall appear in court. (Ord. 44-08, 6-16-2008) November 2013 City of Dubugue CITY CODE of DUBUQUE I OWA Code current through: Ord. 47-22, passed 12-19-2022 Published by: STERLING CODIFIERS an AMERICAN LEGAL PUBLISHING COMPANY 525 Vine Street 4 Suite 310 4 Cincinnati, Ohio 45202 1-800-445-5588 4 www.amle ag l.com 16-10-8 16-10-8 5. Jackson Park Neighborhood Conservation District: Beginning at the intersection of 14th Street and Central Avenue thence westerly along 14th Street to its intersection with lowa Street; thence southerly along lowa Street to its intersection with 10th Street; thence westerly along 10th Street to its intersection with Bluff Street; thence northerly along Bluff Street to its intersection with Locust Street; thence northwesterly along Locust Street to its intersection with Ellis Street;thence northerly along Ellis Street and its northerly extension to its intersection with Clarke Drive; thence northwesterly along Clarke Drive to its intersection with Paul Street;thence northeasterly along Paul Street to its intersection with Lowell Street; thence southeasterly along Lowell Street to its intersection with North Main Street; thence southerly along North Main Street to its interseCtion with Clarke Drive; thence southeasterly along Clarke Drive and its southeasterly extension to its intersection with Central Avenue; thence southerly along Central Avenue to its intersection with 14th Street which is the point of beginning. 6. West 11th Street Neighborhood Conservation District: Beginning at the intersection of 9th and Bluff Streets thence westerly along 9th Street to its intersection with University Avenue; thence westerly along University Avenue to its intersection with Spruce Street; thence northerly along Spruce Street to its intersection with West 11th Street; thence westerly along West 11th Street to its intersection with Walnut Street; thence northerly along Walnut Street to its intersection with Loras Boulevard; thence westerly along Loras Boulevard to its intersection with Cox Street; thence northerly along Cox Street to its intersection with the westerly extension of West 16th Street; thence easterly along West 16th Street and its westerly extension to its intersection with Montrose Terrace; thence northerly along the northeasterly extension of Montrose Terrace to its intersection with West Locust Street; thence southeasterly along West Locust Street to its intersection with Bluff Street; thence southerly along Bluff Street to its intersection with 9th Street which is the point of beginning. 7. Broadway Street Neighborhood Conservation District: Beginning at the intersection of West 23rd Street and Central Avenue thence westerly along West 23rd Street to its intersection with Lewis Street; thence northwesterly along Lewis Street to its intersection with Fulton Street; thence northerly along Fulton Street to its intersection with King Street; thence easterly along King Street and its easterly extension to its intersection with Central Avenue; thence southerly along Central Avenue to its intersection with West 23rd Street which is the point of beginning. September 2015 I City of Dubuque 16-10-8 16-10-8 8. Downtown Neighborhood Conservation District: Beginning at the intersection of White Street and 11th Street, thence southerly along White Street to its intersection with 5th Street; thence easterly along 5th Street to its intersection with the railroad tracks; thence easterly along the railroad tracks to their intersection with the Mississippi River; thence southerly along the riverfront across the Ice Harbor to the eastern terminus of 1st Street; thence westerly along 1st Street to its intersection with U.S. Highway 61/151; thence southerly along U.S. Highway 61/151 to its intersection with the Locust Street Connector; thence westerly along the Locust Street Connector and across Locust Street to Jones Street; thence westerly along Jones Street to its intersection with Bissell Lane; thence northerly along Bissell Lane extended to 1 st Street; thence westerly along 1 st Street to its intersection with Bluff Street; thence northerly along Bluff Street to its intersection with 5th Street; thence easterly on 5th Street to its intersection with Locust Street; thence northerly on Locust Street to its intersection with 8th Street; thence westerly on 8th Street to its intersection with Bluff Street; thence southerly on Bluff Street to its intersection with 5th Street; thence westerly along 5th Street to the bluff line; thence northerly along the bluff line to 9th Street; thence easterly along 9th Street to its intersection with Bluff Street; thence northerly along Bluff Street to its intersection with 10th Street; thence easterly along 10th Street to its intersection with lowa Street; thence northerly along lowa Street to its intersection with 14th Street; thence easterly along 14th Street to its intersection with White Street, thence southerly along White Street to its intersection with 13th Street, thence westerly along 13th Street to its intersection with Central Avenue, thence southerly along Central Avenue to its intersection with 11th Street, thence easterly along 11th Street to its intersection with White Street, which is the point of beginning. 9. Brewery Conservation District: Lot 2-7 of Mineral Lot 322, Lot 1-1-3-8 of Mineral Lot 322, and Lot 2-1 of Liebe's Subdivision No. 3 in the City of Dubuque, lowa. (Ord. 52-09, 10-19-2009; amd. Ord. 40-15, 6-1-2015) B. Process For Establishment, Expansion Or Alteration Of Conservation District: Any person may request that the city council establish, expand or alter a conservation district. The process for establishment, expansion or alteration of a conservation district is as follows: 1. A written request for the establishment, expansion or alteration of a conservation district must be submitted to the city clerk. At its next regular meeting following receipt of the request by the city clerk, the city council may approve or deny the request, set the request for � January 2023 City of Dubuque 16-10-8 16-10-10 15. Leaving a building or structure open or vulnerable to vandalism, decay by the elements, or animal and/or insect infestation. (Ord. 52-09, 10-19-2009; amd. Ord. 40-15, 6-1-2015; Ord. 40-22, 11-21-2022) 16-10-9: CONSERVATION PLANNING AREAS: At the request of the city council, the commission shall conduct studies and encourage special attention to the public planning, design, construction, and maintenance needs with respect to land use, transportation, public utilities, public facilities, housing, open space, historic preservation, urban design, and other elements of the comprehensive plan in the following conservation planning areas: A. Phase I Historic And Architectural Survey Area: An area located in the Washington/Jackson/Elm Street area north of the central business district in the Couler Valley,which consists primarily of the Central Avenue, White Street, Jackson Street, Washington Street, Elm Street, Pinard Street, and Kniest Street corridors between 8th and 26th Streets. B. Phase II Historic And Architectural Survey Area: An area northeast of the original plat of the city of Dubuque with two (2) distinct subareas: the Rhomberg/Eagle Point neighborhood which consists primarily of three (3) streets(Garfield, Rhomberg and Lincoln)running northeast and southwestfrom Kniest Street to Eagle Point area; and, the Linwood district, which consists of streets located on the hillside between 22nd Street and Linwood Cemetery, from Queen Street to Jefferson Middle School. C. Warehouse District: The area encompassed by 12th Street on the north, White Street on the west, and U.S. 61/151 on the east. (Ord. 52-09, 10-19-2009; amd. Ord. 40-15, 6-1-2015) 16-10-10: APPEALS FROM COMMISSION ACTION: A. An aggrieved party may appeal the commission's action to the city council by filing a notice of appeal with the planning services department within thirty (30) days from the date of notice of the commission's action. B. Upon filing of a notice of appeal, the planning services department shall immediately transmit such notice and the record of the action before the commission to the city clerk. January 2023 City ofDubuque 16-10-10 16-10-12 C. On appeal, the city Council shall consider only the record of the action before the commission. No new matter may be considered. D. The city council shall consider whether the commission has exercised its powers and followed the guidelines established by law and this chapter, and whether the commission's action was patently arbitrary or capricious. E. The city council may affirm or reverse the commission's action, or may refer the matter back to the commission for such further action as may be appropriate. The city clerk shall give written notice of the city council's decision on appeal within seven (7) days of the city council's decision to the appellant and the historic preservation commission. F. An appellant who is not satisfied by the decision of the city council may appeal within sixty (60) days of the city council's decision to the district court for Dubuque County, pursuant to lowa Code section 303.34. (Ord. 52-09, 10-19-2009; amd. Ord. 40-15, 6-1-2015) 16-10-11: INSPECTION: A. After a certificate of appropriateness or certificate of economic nonviability has been issued and a regulated permit granted to the applicant, the building official, city engineer or other local authority may from time to time inspect the work authorized and shall take such action as is necessary to enforce compliance with the approved plans. B. Historic preservation commissioners may from time to time inspect, from the public way, the work authorized and shall advise the building official or other enforcement authority as necessary to enforce compliance with the approved plans. (Ord. 52-09, 10-19-2009; amd. Ord. 40-15, 6-1-2015) 16-10-12: VIOLATIONS; PENALI'IES: It shall be unlawful for any person to disobey, omit, neglect or refuse to comply with any provision of this chapter, and such person shall be subject to the provisions of sections 1-4-1 and subsections 1-4-2A through C of this code. (Ord. 52-09, 10-19-2009; amd. Ord. 40-15, 6-1-2015) September 2015 City ofDubuque -P- -R- PUBLIC WAYS AND PROPERTY (cont.) Streets, Sidewalks And Other Public Places . . . . . . . . . . . . . . . . . . . . . . . . . 10-1 Unlawful Obstruction Of Public Ways And Property . . . . . . . . . . . . . . . . 7-5A-18 Valet Drop Off Parking; Permit Requirements . . . . . . . . . . . . . . . . . . . . . . . . 10-8 Q R RABIES CONTROL (See Also ANIMAL CONTROL) . . . . . . . . . . . . . . . . . . . . . 7-6C RAILROADS Maintenance Of Crossings, Rights-Of-Way . . . . . . . . . . . . . . . . . . . . . . . . 10-6-3 Parking Near Certain Streets Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . 10-6-5 Speed Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-6-1 Unlawful Deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-6-2 Use Of Certain Track As Team Track Restricted . . . . . . . . . . . . . . . . . . . 10-6-4 RECKLESS DRIVING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-7-321.277 RESIDENTIAL CODE International Residential Code Adopted . . . . . . . . . . . . . . . . . . . . . . . . . 14-1B-1 International Residential Code Amendments . . . . . . . . . . . . . . . . . . . . . 14-1 B-2 RESIDENTIAL RELOCATION ASSISTANCE PROGRAM (See Also ECONOMIC DEVELOPMENT) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-4D RESIDENTIAL ZONING DISTRICTS . . . . . . . . . . . . . . . . . . . . . . . . . 16-5-2 — 16-5-6 RESILIENT COMMUNITY ADVISORY COMMISSION Commission Created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-1 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-11 Internal Organization And Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-3 Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-10 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-5 Oath . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-6 Officers/Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-9 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-13 Procedures For Operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-4 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-2 Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-12 Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-7 Vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-8 RESOLUTIONS (See ORDINANCES AND RESOLUTIONS) REVENUE AND TAXATION Economic Development Industrial Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-4A Residential Relocation Assistance Program . . . . . . . . . . . . . . . . . . . . 3-4D Speculative Shell Buildings Of Community Development Organizations And For Profit Entities . . . . . . . . . . . . . . . . . . . . . . . . 3-4C I I November 2022 Repl. I Ciry ofDubuque -R- -R- REVENUE AND TAXATION (cont.) Hotel And Motel Tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-3 Property Tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-1 Revitalization Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-2 REVITALIZATION AREAS AltaVista . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-2-6 BiesDrive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-2-8 Dubuque Urban Revitalization Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-2-2 Kunkel And Associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-2-3 Lange Estate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-2-4 PlazaDrive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-�-9 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-2-1 RadfordRoad . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-2-7 210 Jones Street . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-2-5 RIGHTS-OF-WAY Cable Right-Of-Way Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-2 Cable Communications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-2A Open Video Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-2B Cable Television . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-3 Cable Franchise Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113A Cable Services Customer Service Standards . . . . . . . . . . . . . . . . . . 11-3E Rates And General Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-3D Electric Franchises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-5 Interstate Power And Light Company . . . . . . . . . . . . . . . . . . . . . . . . . 11-5A Maquoketa Valley Electric Cooperative . . . . . . . . . . . . . . . . . . . . . . . 11-5B GasFranchise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-4 Nonfranchised Communications Systems In The Public Right-Of-Way Amendment To License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1-5 Application For License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1-3 Construction Of Chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1-14 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1-1 Failure To Secure, Renew Or Comply With License . . . . . . . . . . . . 11-1-10 Fee For Management Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1-8 Granting Of License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1-4 Hold Harmless; Insurance; Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1-9 License Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1-2 Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1-13 Police Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1-15 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1-6 January 2023 City ofDubugue