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1955 Supplement to Revised Ordinances of 1951 for use during 19561955 Supplement to Revised Ordinances of 1951 of City of Dubuque, Iowa For Use During 1956 1955 Supplement to Revised Ordinances of 1951 of City of Dubuque, Iowa For use during 1956 This pamphlet contains all Ordinances of the City of Dubuque of general interest adopted since August 10, 1951 and prior to January 1, 1956 and supersedes 1954, supplement. Table of Contents Chapter Page I GENERAL ADMINISTRATION 2 Ord. 16-52 - Providing for government by proclamation in event of emergency 2 Ord. 6-54 - Exempting certain Agricultural Lands from City taxes 2 II ELECTIONS 3 Ord. 7-52 - Establishing a single ward and defining boundaries of precincts 3 III OFFICERS AND EMPLOYEES 8 Ord. 43-55 - Providing for the appointment of a Deputy City Clerk 8 IV PUBLIC WORKS 9 Ord. 3-55 - Establishing water rates 9 V PARKS AND PLAYGROUNDS 10 Ord. 41-54 - Delineating responsibilities•of Park Board and Recreation Commission; establishing Flora Park; and putting Allison - Henderson Memorial Park under Park Board 10 VI STREETS AND SIDEWALKS 11 Ord. 45-51 - Excavations in streets and sidewalks 11 Ord. 51-51 - Requiring removal of snow from sidewalks 12 Ord. 9-52 - Changing names or certain streets to Raymond Place; Dodge Street; University Avenue; Asbury Street; Kaufmann Avenue; Nebraska Ave.; Missouri Ave.; Wisconsin Ave.; Ohio Ave.; Montana Street; Bunker Hill Street. 12 Ord, 33-52 - Changing street name to Sunnyview Drive 12 Ord. 20-52 - Widening and naming Fairway Drive 12 Ord. 2-53 - Providing for the construction and repair of sidewalks in the City 13 Ord. 44-53 - Accepting and naming Chaney Road 14 Ord, 45-53 - Extending Green Street 14 Ord. 69-53 - Changing street name to Indian Ridge 14 Ord, 3-54 - Changing street name to Julien Dubuque Drive 14 Ord. 5-54 - Extending Victoria Street and naming Diane Court 14 Ord. 9-54 - Extending York Street 15 Ord. 36-54 - Changing name of street to River Ridge 15 Ord. 4-55 - Extending Kaufmann Avenue 15 Ord. 5-55 - Naming Bissell Lane 15 Ord, 18-55 - Changing names of streets in Falk Subdivision 15 Ord, 50-55 - Changing name of street to Clarke Drive 16 VII PUBLIC MARKET 17 Ord. 23-52 - Establishing Central Market and regulating display of food elsewhere in City 17 VIII PUBLIC HEALTH 18 Ord. 15-52 - Amending Milk Ordinance 18 Ord. 17-52 - Prohibiting unauthorized persons from entering flood areas 19 iii Chapte r VIII (Cont) IX X XI XV XVI XVII BUILDINGS Page Ord. 38-53 - Regulating collection and storage of refuse and garbage 19 Ord. 39-53 - Exacting compliance with U. S. Model Milk Ordinance 20 Ord. 2-55 = Amending Milk Ordinance 20 Ord, 58-55 - Amending Restaurant Ordinance 21 ANIMALS 22 Ord, 10-53 - Dog Ordinance 22 REGULATING CERTAIN BUSINESSES 24 Ord. 31-52 - Regulating Service Stations and Storage and Transport of Flammable Liquids 24 Ord. 52-55 - Business Licenses 26 Ord. 53-55 - Regulating and Licensing Auctions and Auctioneers 27 Ord. 54-55 - Regulating Peddlers, and Transient Merchants 28 Ord. 55-55 - Regulating Junk Dealers, Junk Collectors, Auto Salvage Dealers and Pawnbrokers Ord. 57-55 - Licensing Fortune Tellers Ord. 59-55 - Providing for license for roller skating rink 29 30 31 BEER ORDINANCE 32 Ord. 43-53 - Amending Beer Ordinance by changing permit fees 32 Ord. 26-55 - Amending Beer Ordinance Regulating location of taverns 32 NUISANCES 33 Ord. 59-51 - Weed and brush Ordinance 33 OFFENSES AGAINST PUBLIC MORALS No new Ordinances PUBLIC SAFETY Ord. 5-52 - Establishing sleighriding areas Ord. 36-55 - Prohibiting smoking in certain public places PUBLIC SERVICE COMPANIES Ord. 39-51 - Prohibiting blocking railroad crossings Ord. 56-51 - Establishing electric rates Ord. 57-53 - Establishing bus fares Ord. 68-53 - Establishing bus routes Ord. 58-54 - Community Television Franchise Ord. 35-55 - Natural Gas Rates Ord. 56-55 - Regulating Taxi Cabs and Establishing fares TRAFFIC REGULATIONS (See Text) Ord. 35-52 - Providing for condemnation of dangerous buildings Ord. 42-54 - Gas Installations Ord, 21-55 - Plumbing Ordinance Ord, 38-55 - Construction of Septic Tanks XVIII ZONING AND PLATTING Ord. 57-51 - Trailers and Trailer Courts iv 34 35 35 35 36 36 36 42 42 44 46 48 50 58 58 58 61 65 66 66 Chapter XVIII (Cont) Page Ord. 47-51 - Changing Zoning Map 67 Ord. 64-51 - Changing Zoning Map 67 Joint Res. No. 52-52 - Airport Zoning Ordinance 67 Ord. 13-52 - Changing Zoning Map 70 Ord. 24-52 - Changing Zoning Map 71 Ord. 25-52 - Changing Zoning Map 71 Ord. 32-52 - Changing Zoning Map 71 Ord. 34-52 - Changing Zoning Map 72 Ord. 3-53 - Changing Zoning Map 72 Ord. 11-53 - Changing Zoning Map 72 Ord. 40-53 - Amending Zoning Ordinance to provide for professional offices in prescribed area 72 Ord. 44-54 - Regulating non -conforming uses 73 Ord. 46-54 - Changing Zoning Map 74 Ord. 49-54 - Changing Zoning Map 74 Ord. 25-55 - Establishing Local Business Districts A and B 74 Ord. 27-55 - Changing Zoning Map 76 Ord. 37-55 - Changing Zoning Map 76 Ord. 44-55 - Changing Zoning Map 76 Ord. 51-55 - Changing Zoning Map 77 v OFFICERS AND COMMISSIONS OF THE CITY OF DUBUQUE FOR 1956 COUNCILMEN C. P. Welu, Mayor Chas. E. Dove, Chas, A. Kintzinger, Ray F. Kolb, Leo N. Schueller L.J. Schiltz, Manager Leo F. Froinmelt, Clerk OFFICERS T.H. Nelson, Solicitor R.M. Czizek, Asst. Solicitor R.N. Russo, Police Magistrate AIRPORT COMMISSION PARK BOARD L.M. Harney Wm. Clemens jr. Lloyd Peterson Vic Grice F.R. Woodward BOARD OF ADJUSTMENT Bert E. Graham Irvin Oeth J. H. Schiltz Owen Riley L.J. Streinz BOARD OF REVIEW Thos J. Hill .C. Keuhnle Geo. J. Schaffhauser Wm. V. Toepel CIVIL SERVICE COMMISSION Jos. A. Carew L.J. Lagen E.B. Lyons DOCK BOARD A.Y. McDonald Fred E. Neyens Frank L. Wagner LIBRARY BOARD M.H. Czizek Merlin Hantelman Mrs. Mabel Hoffman Geo. C. Kaufman Rev. Carl G. Schroeder Arnold Stierman W.B. Zuker A.M. Bennett F.P. Delaney Fred Fuhrman PLANNING AND ZONING COMMISSION Fred E. Bissell Owen Riley R.V. McKay Irvin Oeth J.H. Schiltz Frank Glab R.D. Waller POLICE AND FIRE PENSION BOARDS Thos. J. Hill W.B. Zuker T.H. Nelson Edward M. Tschirgi Thos. Hickson Norb Rausch Ed Gerhard Hugh Callahan Fred Voels Harry Funk RECREATION COMMISSION L.J. Schiltz Kay Neyens Mrs. Wilbur Dalzell Frank A. Fluckiger G.W. McAleece John Petrakis Rev. Eugene Weimer CHAPTER 1 General Administration Ordinance No. 16-52 An Ordinance Exacting Compliance with Proclama- tion Issued by the Mayor in Times of Public Danger or Emergency and Providing a Penalty for a Violation Hereof. Be it Enacted by the City Council of the City of Dubuque; Section 1: No person, firm orcorporation issued violate the provisions .of any proclamation by the Mayor during times of public danger or emergency under the authority of Section 2 of Or- dinance 93 of the City of Dubuque. Section 1. Any person, firm or corporation who shall violate any of the terms or conditions hereof shall be guilty of a misdemeanor and upon convic- tion thereof shall be fined not to exceed One Hun- dred Dollars ($100) or imprisoned in the County jail for not to exceed thirty (30) days. Section 3. This Ordinance shall be in full force and effect from and after its final passage, adop- tion and publication as by law provided. Adopted 4/15/52 Published 4/ 18/ 52 Ordinance No. 6-54 An Ordinance exempting certain Agricultural Lands from City taxes, except taxes for street purposes; lnd prescribing the time anditing the tax thereon for s treet purposes and manner of claiming such exemption. Be it Ordained by the City Council of the City of Dubuque: Section 1. No land within the City of Dubuque, which is not laid off in lots of ten acres or less and which the City Council shall find is in good faith occupied and used for agricultural or horti- cultural purposes shall be subject to the annual levies made for any of the functional funds of the City except that said land shall be subject to a levy of one and one-fourth (1 1/4) mills for street pur- poses; Section 2. Any owner or proprietor of real estate who desires to obtain the benefits of the ex- emption provided in Section 1 hereof shall, on or before July 1st of each year, file application there- for in writing with the City Clerk on forms pre- pared by the City Manager showing sufficient in- formation from which the City Council may deter- mine whether the property is entitled to the exemp- tion; Section 3. At the time of the adoption of the an- nual budget the City Council shall meet and deter- mine what properties within the City are entitled to the exemption provided in Section 1 hereof and certify a list of such properties to the County Auditor of Dubuque County at the time of the cer- tification of the annual budget which list shall con- stitute the authority of the County Auditor to re- lieve the lands listed thereon from all municipal levies except an annual tax of one and one -quarter mills for street purposes. Adopted 3/ 1/ 54 Published 3/5/54 CHAPTER II Elections ORDINANCE NO. 159 REPEALED by Ordinance No. 7- 52 Ordinance No. 7-52 An Ordinance Establishing a Single Ward for the City of Dubuque and Dividing the Same into Election Precincts, Establishing Such Precints and Defining the Boundaries Thereof; and Re- pealing Ordinance No. 159 Be it Ordained by the City Council of the City of Dubuque: Section 1. That Ordinance No. 159 be and the same is hereby repealed. Section 2. That all of the territory embraced within the corporate limits of the City of Dubuque shall be confined within a single ward, which ward shall be co -extensive with the limits of said city. Section 3. That for the convenience of its citi- zens and to facilitate the casting of ballots, at elec- tions, the ward hereby created shall be divided in- to sixteen (16) precincts, the boundaries of which shall be as set forth in Sections 4 to 19 hereof in- clusive. Section 4. The boundaries of the First Precinct shall be: FIRST PRECINCT Commencing at the easterly limits of the city, thence proceeding westerly on the north line of Linhein's Subdivision to Laurel street, thence southwesterly on the northwesterly line of the Sub- division of Mineral Lot 20 to the southeasterly lot line of Lot 19 of Rowan's Addition, thence south- westerly along said lot line to a point where the same is intersected by the quarter section line of Section 36, thence westerly to the south of said quarter section line to the center of Section 36, thence westerly along said quarter section line to a point where said section line intersects Southern avenue, thence northeasterly along the westerly side of Southern avenue to Samuel street, thence northwesterly on the westerly side of Samuel street to Levi street, thence northeasterly across Samuel street at Levi street, thence southerly on the east side of Samuel street to Southern avenue, thence northerly on the west side of Southern avenue to Valley street (excluded from this precinct, how- ever, are all residents located upon both sides of Southern avenue and Samuel street within the boundaries of the precinct described) and thence northwesterly on the southwesterly side of Valley street to Quinn street, thence northerly on the west side Of Quinn street to Union street, thence north- erly on the west side of Union street to Rising street, thence westerly on the south side of Rising street to Dodge street, thence westerly on the south side of Dodge street to South Hill street, thence southerly on the east side of South Hill street to Grandview avenue, thence across Grand- view avenue to Henderson street, thence south- westerly on the east side of Henderson street to the end of said street, thence southwesterly on a line drawn from Henderson street to the northwest corner of Min. Lot 137, thence southerly on the west line of Min. Lot 137, thence southerly on the same line extended to the northwest corner of Min. Lot 135, thence southerly on the west line of Min. Lot 135 to the southwest corner of said Min. Lot, thence westerly on the north line of Min. Lot 127 to the northwest corner of said Min. Lot, thence southerly on the west line of Min. Lot 127 and Min. Lot 124 to the quarter section line of Section 35, thence westerly along said quarter section line to the center of Section 35, thence southerly along the quarter section line from the center of Section 35 to the south limits of the City, thence easterly along the south limits of the City to the easterly limits, and thence northerly to the place of begin- ning. Section 5. The boundaries of the Second Pre- cinct shall be: SECOND PRECINCT Commencing at the quarter section corner on the south side of Section 35, being the south limits of the city, thence northerly along said quarter section line to the center of Section 35, thence easterly on the quarter section line to where it intersects the west line of Min. Lot 124, thence northerly on the east line of Min. Lot 123, and 128 to the northwesterly corner of Min. Lot 127, thence easterly on the north line of Min. Lot 127 to the southwest corner of Min. Lot 135, thence northerly on the east line of Min. Lot 134 to the northwest corner of Min. Lot 135, thence northerly on a line drawn from the northwest corner of Min. Lot 135 to the northwest corner of Min. Lot 137, thence northeasterly on a line drawn from the northwest corner of Min. Lot 137 to the south line of Hender- son street, thence northeasterly on the northwest side of Henderson street to Grandview avenue, thence across Grandview avenue, thence northeast- erly on the northwest side of South Hill street to Dodge street, thence easterly on the north side of Dodge street to Hill street, thence northerly on the west side of Hill street to Langworthy avenue, thence westerly on the south side of Langworthy avenue to Booth street, thence northerly on the west side of Booth street to West Third street, thence westerly on the south side of West Third street to College street, thence northwesterly on the southwest side of College street to West Fifth street, thence west on the south side of West Fifth street to Delhi street, thence westerly along the southerly side of Delhi street, to Auburn street, thence southerly on the east side of Auburn street to Grace street, thence westerly on the south side of Grace street to Algona street, thence southerly on the east side of Algona street to West Third street, thence westerly on the south side of West Third street, thence westerly along the south side of West Third street and the south side of West Third street produced to intersect with the section 3 2 line between Sections 26 and 27, T89NR2E, thence south along said section line to a point one hundred and ninety feet (190') north of U. S. Highway No. 20, thence northwesterly along a line parallel to and one hundred and ninety feet (190') north from the center line of U. S. Highway No. 20 to its intersec- tion with the west city limits line, thence south to a point two hundred and five feet (205') south of the center line of U. S. Highway No. 20, thence south- easterly along a line parallel to and two hundred and five feet (205') south of the center line of U. S. Highway No. 20 to the west line of lot 1 of lot 2 of lot 1 of lot 1 of George Jecklin farm, thence south- westerly along the west line of said lot 1 of lot 2 of lot 1 of lot 1 for a distance of one hundred and seventy-five feet (175'), thence southeasterly along a line three hundred and eighty (380') south of and parallel to the center line of U. S. Highway No. 20 to the east line of Section 27, T89NR2E, thence south along said section line to the south city limits, thence east to the point of beginning. Section 6. The boundaries of the Third Precinct shall be: THIRD PRECINCT Commencing at the easterly limits of the city, thence proceeding westerly along the north line of Linhein's Subdivision to Laurel street, thence southwesterly on the northwesterly line of Subdi- vision of Min. Lot 20 to the southeasterly lot line of Lot 19 of Rowan's Addition, thence southwest- erly on the north line of Lot 19 of Rowan's Addi- tion to a point where the same intersects the quar- ter section line of Section 36, thence westerly on said quarter section line to the center of Section 36, thence westerly on said quarter section line to Southern avenue, thence northeasterly on the east- erly side of Southern avenue to Valley street (in- cluded, however, in this precinct are all residents upon both sides of Southern avenue and Samuel street within the limits of this precinct), thence across Southern avenue to Valley street, thence northwesterly on the northeasterly side of Valley street to Quinn street, thence northerly on the east side of Quinn street to Union street, thence north- erly on the east side of Union street to Rising street, thence westerly on the north side of Rising street to Dodge street, thence westerly on the north side of Dodge street to Hill street, thence northerly on the east side of. Hill street to West Third street, thence easterly on the south side of West Third street to Burch street, thence norther- ly on the east side of Burch street to Fenelon Place, thence easterly on the south side of Fenelon Place to West Fourth street, thence easterly on the south side of West Fourth street to Central avenue, thence easterly on the south side of East Fourth street to the easterly limits of the city, thence southerly to the place of beginning. Section 7. The boundaries of the Fourth Pre- cinct shall be: the west side of Burch street, to West Third street, thence westerly on the north side of West Third street to Hill street, thence northerly on the east side of Hill street to West Fifth street, thence westerly on the north side of West Fifth street to Wilson street, thence northerly on the east side of Wilson street to University avenue, thence easterly on the south side of University avenue to Eighth avenue, thence easterly on the south side of Eighth avenue to Central avenue, thence easterly on the south side of East Eighth street to the easterly limits of the city, thence southerly to the place of beginning. Section 8. The boundaries of the Fifth Precinct shall be: FOURTH PRECINCT Commencing at the easterly limits of the city, thence proceeding westerly on a direct line to East Fourth street, thence westerly on the north side of East Fourth street to Central avenue, thence west- erly on the north side of West Fourth street to Fenelon Place, thence westerly on the north side of Fenelon Place to Burch street, thence southerly on FIFTH PRECINCT Commencing at the intersection of Langworthy and Hill streets, thence proceeding westerly on the northerly side of Langworthy street to Booth street, thence northerly on the easterly side of Booth street to West Third street, thence westerly on the northerly side of West Third street to Col- lege street, thence northerly on the easterly side of College street to West Fifth street, thence west- erly on the northerly side of West Fifth street to Delhi street, thence northeasterly on the easterly side of Delhi street to Mt. Pleasant street, thence northerly on the easterly side of Mt. Pleasant street to Loras boulevard, thence easterly on the southerly side of Loras boulevard to Belmont street, thence southerly on the westerly side of Belmont street to Rose street, thence easterly on the southerly side of Rose street to Center Place, thence southerly on the westerly side of Center Place to University avenue, thence easterly on the southerly side of University avenue to Wilson street, thence southerly on the westerly side of Wilson street to West Fifth street, thence easterly on the southerly side of West Fifth street to Hill street, thence southerly on the westerly side of Hill street to the place of beginning. Section 9. The boundaries of the Sixth Precinct shall be: SIXTH PRECINCT Commencing on the Section lines between Sec- tions 26 and 27 T89NR2E at a point where West Third street if produced to said section line would intersect the same, thence proceeding easterly on the northerly side of West Third street, thus pro- duced, to West Third street, thence easterly on the northerly side of West Third street to Algona street, thence northerly on the westerly side of Algona street to Grace street, thence easterly on the northerly side of Grace street to Auburn street, thence northerly on the westerly side of Auburn street to Delhi street, thence easterly on the north- erly side of Delhi street to Mt. Pleasant street, thence northerly on the westerly side of Mt. Pleas- ant street to Loras boulevard, thence easterly on the northerly side of Loras boulevard to Alta Vista street, thence northerly on the westerly side of Alta Vista street to Kirkwood street, thence west- erly on the southerly side of Kirkwood street and Kirkwood street produced to Rosedale avenue, thence westerly on the southerly side of Rosedale avenue to Adair street, thence southeasterly on a line drawn northwesterly from the intersection of Rosedale avenue and Adair street to the intersection of West Locust and Seminary streets, thence northeasterly on the northerly side of West Locust street to a point where Abbott street if pro- duced would intersect West Locust, thence north- erly on the westerly side of Abbott street, thus produced, to the alley between Lowell and Semi- nary streets, thence westerly on the southerly side of said alley produced to the point of intersection between said line and the section line between sec- tions 22 and 23 T89NR2E, thence north along said section line to the intersection of said line with the center line of Kaufmann avenue, thence westerly along the center line of Kaufmann avenue to its in- tersection with the center line of Carter road, thence southwesterly along the center line of Car- ter road to its intersection with the center line of Asbury road, thence southeasterly along the center line of Asbury road to its intersection with the sec- tion line between sections 22 and 23 T89NR2E, thence south along said section line to the inter- section of said line with the center line of Karrick street, thence southeasterly along the center line of Karrick street to the intersections of the center lines of Karrick, Poplar and Finley streets, thence southeasterly along the center line of Finley street to its intersection with the center line of Univer- sity avenue, thence southwesterly along the center line of University avenue to its intersection with the section line between sections 26 and 27 T89NR- 2E, thence south to the point of beginning. Section 10. The boundaries of the Seventh Pre- cinct shall be: SEVENTH PRECINCT Commencing at the easterly limits of the city, thence proceeding westerly to East Eighth street, thence westerly on the north side of East Eighth street to Central avenue, thence westerly on the north side of West Eighth avenue to Main street, thence northerly on the east side of Main street to Loras boulevard, thence easterly on the south side of Loras boulevard to Central avenue, thence east- erly on the south side of East Fourteenth street to the easterly limits of the city, thence southerly to the place of beginning. Section 11. The boundaries of the Eighth Pre- cinct shall be: EIGHTH PRECINCT Commencing at the northwest corner of Main street and Eighth avenue, thence proceeding west- erly on the north side of Eighth avenue to Univer- sity avenue, thence westerly on the north side of University avenue to Center place, thence northerly on the easterly side of Center place to Rose street, thence westerly on the northerly side of Rose street to Belmont street, thence northerly on east- erly side of Belmont street to Loras boulevard, thence easterly on the southerly side of Loras boulevard to Main street, thence southerly on the westerly side of Main street to the place of begin- ning. Section 12. The boundaries of the Ninth Pre- cinct shall be: NINTH PRECINCT Commencing at the easterly limits of the city, thence proceeding westerly on East Fourteenth street, thence westerly on the northerly side of East Fourteenth street to Central avenue, thence westerly to the northerly side of Loras boulevard to Main street, thence northerly on the easterly side of Main street to West Seventeenth street, thence easterly on the southerly line of West Seventeenth street to Heeb street, thence northerly on the easterly side of Heeb street to East Nine- teenth street produced to Heeb street, thence east- erly on the southerly side of East Nineteenth street produced and East Nineteenth street to the easter- ly limits of the city, thence southerly to the place of beginning. Section 13. The boundaries of the Tenth Pre- cinct shall be: TENTH PRECINCT Commencing at a point where Seminary street intersects West Locust street, thence proceeding easterly on the southerly side of West Locust street to a point where Abbott street, if produced, would intersect West Locust street, thence north- erly on the easterly side of Abbott street, thus produced, to the alley lying between Lowell and Seminary streets, thence easterly on the southerly side of said alley to Harold street, thence easterly on a line drawn midway between Lowell street and Seminary streets to Main street, thence easterly on a line drawn from Main street to Heeb street to Twentieth street produced, thence southerly on the westerly side of Heeb street to West Seventeenth street, thence westerly on the northerly side West Seventeenth street to Main street, thence southerly on the westerly side of Main street to Loras boule- vard, thence westerly on the northerly side of Loras boulevard to Alta Vista street, thence north- erly on the easterly side of Alta Vista street to Kirkwood street, thence westerly on the northerly side of Kirkwood street and Kirkwood street pro- duced to Rosedale avenue, thence westerly on the northerly side of Rosedale avenue to Adair street, thence northwesterly on a line drawn from Adair street to the place of beginning. Section 14. The boundaries of the Eleventh Pre- cinct shall be: ELEVENTH PRECINCT Commencing at a point on the section line be- tween sections 22 and 23 T89NR2E where the alley line between Lowell and. Seminary streets if pro- duced on a direct line would intersect said section line, thence proceeding easterly on the northerly side of said alley, thus produced, to the westerly end of said alley, thence easterly on the northerly side of said alley to Harold street, thence easterly on a line drawn midway between Lowell and Semi- nary streets to Main street, thence easterly on a line drawn from Main street to Heeb street at Twentieth street produced, thence southerly on the east side of Heeb street to East Nineteenth street produced, thence easterly on the north side of East Nineteenth street to the Chicago Great Western Railroad right-of-way, thence northerly on the west side of the Chicago Great Western Railroad right- of-way to East Twenty-second street, thence west- erly on the south side of East Twenty-second street to Central avenue, thence westerly on the southerly side of Kaufmann avenue to Valeria street, thence westerly on the southerly side of Valeria street to Lewis street, thence westerly on the westerly side of Lewis street to Wallace street, thence westerly 5 4 on the westerly side of Wallace street to Monroe street, thence westerly on the southerly side of Monroe street and southerly on the easterly side of Monroe street to Kane street, thence westerly on the southerly side of Kane street to a point where Gay street produced would intersect Kane street, thence north six hundred feet (600'), thence westerly in a direct line parallel to and six hun- dred feet (600') north of Kane street produced to the section line between sections 14 and 15, T89NR2E, thence north along said section line to the S. E. corner of the N. E. 1/4 of section 15, T89NR2E, thence westerly twenty-six hundred and forty feet (2640') to the center of section 15, T89NR2E, thence west six hundred and sixty feet (660'), thence south twenty-six hundred and forty feet (2640') to the south section line of section 15, T89NR2E, thence easterly along the southerly sec- tion line of section 15, six hundred and sixty feet (660') to the S. W. corner of the S. E. 1/4 of sec- tion 15, T89NR2E, thence south to the intersection of the center line of Kaufmann avenue, thence east- erly along the center line of Kaufmann avenue to its intersection with the section line between sec- tion 22 and 23 T89NR2E, thence southerly along said section line to the point of beginning. Section 15. The boundaries of the Twelfth Pre- cinct shall be: TWELFTH PRECINCT Commencing on Kane street at a point where Gay street if produced westerly to Kane street would intersect the same, thence proceeding east- erly on the southerly side of Gay street to Broad- way, thence easterly on the southerly side of Broadway to Diagonal street, thence easterly on the southerly side of Diagonal street to Central avenue, thence northerly on the easterly side of Central avenue to East Twenty-sixth street, thence easterly on the southerly side of East Twenty- sixth street to Marquette Place, thence southerly on the westerly side of Queen street to East Twenty-fourth street, thence westerly on the north- erly side of East Twenty-fourth street to Prince street, thence southerly on the westerly side of Prince street to East Twenty-second street, thence westerly on the northerly side of East Twenty- second street to Central avenue, thence westerly on the northerly side of Kaufmann avenue to Valeria street, thence northwesterly on the east- erly side of Valeria street to Lewis street, thence northwesterly on the easterly side of Lewis street to Wallace street, thence northwesterly on the easterly side of Wallace street to Monroe street, thence southerly on the northerly side of Monroe street to Kane street, thence northwesterly on the northerly side of Kane street to the place of begin- ning. Section 16. The boundaries of the Thirteen Precinct shall be: THIRTEENTH PRECINCT Commencing at a point six hundred feet (600') north of Kane street produced on the section line between sections 14 and 15 T89NRZE, thence pro- ceeding easterly on a direct line parallel to and six hundred feet (600') north of Kane street to a point six hundred feet (600') north of a point where Kane street and the northerly line -of Gay street if extended would intersect, thence south six hundred feet (600') to said point, thence easterly on the northerly side of Gay street to Broadway, thence southeasterly on the northeasterly side of Broad- way to Diagonal street, thence easterly on the northerly side of Diagonal street to Central avenue, thence northerly on the westerly side of Central avenue to East Twenty-sixth street, thence north- easterly on the northerly side of East Twenty-sixth street to Marquette Place, thence northerly on the westerly side of Marquette Place and Marquette Place produced to Morton street, thence northerly on the westerly side of Morton street to East Twenty-eighth street, thence northerly to the north- erly city limits to the west of a line drawn from Morton street midway between Pinard and Bruns- wick street, thence westerly on the northerly line of the city limits to the westerly limits, which is a point at the N. E. corner of the S. E. 1/4 of the N. E. 1/4 of section 15, T89NR2E, thence west thirteen hundred and twenty feet (1320'), thence south thirteen hundred and twenty feet (1320') thence east thirteen hundred and twenty feet (1320'), to the sec- tion line between sections 14 and 15 at the S. E. corner of the N. E. 1/4 of section 15, T89NR2E, thence southerly to the point of beginning. Section 17. The boundaries of the Fourteenth Precinct shall be: FOURTEENTH PRECINCT Commencing at the easterly limits of the city, thence proceeding westerly to East Nineteenth street, thence westerly on the northerly side of East Nineteenth street to the Chicago Great West- ern Railroad right-of-way, thence northerly on the easterly side of the Chicago Great Western Rail- road right-of-way to East Twenty-second street, thence northerly on the easterly side of East Twenty-second street to Prince street, thence northwesterly on the easterly side of Prince street to East Twenty-fourth street, thence easterly on the southerly side of East Twenty-fourth street to Queen street, thence northerly on the easterly side of Queen street to Marquette Place, thence west- erly on the easterly side of Marquette Place and Marquette Place produced to Morton street, thence northerly on the easterly side of Morton street to East Twenty-eighth street, thence northwesterly on a line drawn from Morton street midway be- tween Pinard street and Brunswick street to the northerly limits of the city, thence easterly along the northerly limits of the city and Davis street to the south 1/4 corner of section 12, T89NRZE of 5th P. M.; thence north a distance of 2,659 feet to the center of section 12, thence east a distance of 1,983.9 feet to the northeast corner of lot 1 of 1 of Bethany Addition; thence south a distance of 729 feet to the northwest corner of lot 2 of lot 1 of the N. E. 1/4 of the S. E. 1/4 of section 1Z; thence east a distance of 654.75 feet to the northeast corner of lot 2 of lot 1 of the N. E. 1/4 of the S. E. 1/4 of section 12; thence south a distance of 1,775.6 feet to the corner of sections 7, 12, 13 and 18 at the easterly boundary of Linwood Cemetery; thence southerly along the easterly side of Linwood Cemetery to Thomas street, thence southwesterly on the westerly side of Thomas street to Stafford street, thence southeasterly on the southerly side of Stafford street and Stafford street produced to East Twentieth street to the easterly limits of the city, thence southerly to the place of beginning. Section 18. The boundaries of the Fifteenth Pre- cinct shall be. FIFTEENTH PRECINCT Beginning at the easterly boundary line of the city, thence proceeding westerly to East Twentieth street, thence westerly on the northerly side of East Twentieth street to Stafford street produced, thence northwesterly on the northerly side of Staf- ford •street produced and Stafford street to Thomas street, thence northerly on the easterly side of Thomas street to the easterly boundary line of Lin- wood Cemetery, thence northerly along the easterly boundary line of Linwood Cemetery to the norther- ly city limits, thence easterly to the easterly city limits, thence southerly to the place of beginning. Section 19. The boundaries of the Sixteenth Pre- cinct shall be: SIXTEENTH PRECINCT Commencing at a point one hundred and ninety feet (190') north of U. S. Highway No. 20 on the section line between Sections 26 and 27, T89NRZE, thence north along said section line to the section corner between Sections 26 and 27 and 22 and 23, T89NRZE, thence north on the section line between Sections 22 and 23, T89NR2E to its intersection with the center line of the Asbury Road, thence northwesterly along the center line of the Asbury road to its intersection with the center line of Carter road, thence northerly along the center line of Carter road to its intersection with the center line of Kaufmann avenue, thence northerly along the center line of Carter road extension to its in- tersection with the section line between Sections 15 and 22, T89NR2E, which is the southwest cor- ner of the S. E. 1/4 of Section 15, T89NR2E, thence west along the section line between sec- tions 15 and 2Z, T89NRZE, to a point thirty three feet (33') east of the southwest corner to a point 33 feet east of the southwest corner of section 15 T89NR2E thence south thirteen hundred and twenty feet (1320'), thence west thirty three feet (33') to the S.W. corner of the N.W. 1/4 of the N.W. 1/4 of Section 22, T89NR2E, thence south along the west section line of Section 22 to the S.W. corner of Sec- tion 22, T89NRZE, thence south nine hundred and twenty feet (920') along the west section line of Sec- tion 27, T89NR2E, thence east to the N.E. corner of lot 2 of 1 of 1 of the west 1/2 of the N.W. 1/4 of the N.W. 1/4 of Section 27, T89NR2E, thence south to the N.W. corner of Lot 2 of the east 1/2 of the N.W. 1/4 of the N.W. 1/4 of Section 27, T89NR2E, thence east to the west line of M. 248, thence north to the N.W. corner of M.L. 248, thence southeasterly along the north line of M.L. 248 to the N.W. corner of lot 2 of 2 of Bronson Farm addition to the City of Dubuque, thence southeasterly along the north line of said lot 2 of 2 to the south line of Ridgeway ave- nue in Lenox Addition, thence southeasterly along the southerly line of Lenox Addition to the west line of Delhi road, thence south to a point one hundred and ninety (190') feet north of the center line of U. S. Highway No. 20, thence southeasterly along a line parallel to and one hundred and ninety feet (190') north of the center line of U.S. Highway No. 20 to the point of beginning. Section 20. That where ever streets and alleys are referred to in this ordinance, the center lines thereof shall be the boundary line of the precincts. Section 21. The various election precincts hereby established shall be published in the offi- cial newspapers of the City of Dubuque once a week for three (3) consecutive weeks, the last publica- tion to be at least thirty (30) days prior to the next general election. Section 22. This Ordinance shall be in full force and effect from and after its final passage, adoption and publication as by law provided. Adopted 3/3/52 Published 3/11/52 7 6 CHAPTER III Officers and Employees ORDINANCE NO. 36-52 REPEALED by Ordinance No. 37-52 Ordinance No. 37-52 An Ordinance Repealing Ordinance No. 36-52. Be it Ordained by the City Council of the City of Dubuque: Section 1. That Ordinance No. 36-52 is hereby repealed and declared to be void and of no effect. Adopted 11/28/52 Published 11/30/52 Ordinance No. 43-55 An Ordinance Providing for the Appointment of a Deputy City Clerk and prescribing his Powers. 8 Be it Ordained by the City Council of the City of Dubuque: Section 1. That it is hereby determined to be necessary for the proper and efficient conduct of the affairs of the City that the office of Deputy City Clerk be established. Section 2. That the Deputy City Clerk shall be appointed by the Council and shall have full power and authority to perform all of the duties and func- tions of the City Clerk, when so directed by him, or in his absence, or inability to act. Section 3. He shall serve at the pleasure of the Council and may be discharged with or without cause and shall receive such salary as the Council may from time to time direct. Adopted 7/18/55 Published 7/21/55 CHAPTER IV Public Works ORDINANCE NO. 15-50 REPEALED by Ordinance No. 3-55 Ordinance 3-55 An ordinance fixing and establishing rates to be charged for the furnishing of water for resi- dential, commercial, industrial, and other uses and purposes, within and without the City of Dubuque, prescribing a penalty for violation hereof, and repealing Ordinance No. 15-50. Be it Ordained by the City Council of the City of Dubuque: RATES FIXED: Section 1. Commencing with all meter readings on or after June 1, 1955, the rates to be charged for water for residential, commercial, industrial and other uses and purposes by any person, firm or corporation supplying water within the City of Dubuque, Iowa, shall be and they are fixed and de- termined as follows: (a) Water rates for users within the City of Dubuque, Iowa, whose meters are read quarterly shall be as follows: First 3,000 cu. ft. per guar. Next 3,000 cu, ft. per quar. Next 3,000 cu. ft. per guar. Next 36,000 cu. ft. per guar. Next 105,000 cu. ft. per guar. Next 150,000 cu. ft. per guar. Balance at at at at at at at $ .36 per hund. cu. ft. .30 per hund. cu. ft. .25 per hund. cu. ft. .20 per hund. cu. ft. .18 per hund. cu. ft. .16 per hund. cu. ft. .105 per hund. cu. ft. The minimum quarterly charge according to size of meters shall be as follows: 5/8 n - $3.24 - allowance 900 cu. ft. 3/4n - 5.00 - allowance 1300 cu. ft. 1 n - 6.75 - allowance 1800 cu. ft. 1 1/411 - 8.00 - allowance 2200 cu. ft. 1 1/2" - 10.00 - allowance 2700 cu. ft. 2 n - 12.00 - allowance 3400 cu. ft. (b) Water rates for users within the City of Dubuque, Iowa, whose meters are read monthly shall be as follows: First 1,000 cu. ft. per mo. at $ .36 per hund. cu. ft. Next 1,000 cu. ft. per mo. at .30 per hund. cu. ft. Next 1,000 cu. ft. per mo. at .25 per hund. cu. ft. Next 12,000 cu. ft. per rno, at .20 per hund. cu. ft. Next 35,000 cu. ft. per mo. at .18 per hund. cu. ft. Next 50,000 cu. ft. per mo. at .16 per hund, cu. ft. Balance at .105 per hund. cu. ft. The minimum monthly charge according to size of meters shall be as follows: 5/8 n - $ 1.08 - allowance 300 cu. ft. 3/4" - 1.67 - allowance 400 cu. ft. 1 If - 2.25 - allowance 600 cu. ft. 1 1/4n - 2.67 - allowance 700 cu. ft. 1 1/2 n - 3.33 - allowance 900 cu. ft. 211 - 4.00 - allowance 1100 cu. ft. 3 n - 6.00 - allowance 1800 cu. ft. 4 n - 8.00 - allowance 2500 cu. ft. 611 - 12.00 - allowance 4400 cu. ft. 8 n - 16.00 - allowance 6400 cu. ft. 10 n - 20.00 - allowance 8400 cu. ft. Section 2. Commencing with all meter readings on and after June 1, 1955, the rates to be charged for water supplied by the City Water Department for residential, commercial, industrial and other uses and purposes by any person, firm or corpora- tion outside the City of Dubuque, Iowa, shall be the same rates provided in Section 1 hereof plus an additional 25% of the rates listed in Section 1 hereof. Section 3. Commencing June 1, 1955, the follow- ing yearly charge for fire sprinkler service sup- plied by the City Water Department, within and without the City of Dubuque, Iowa, shall be paid semi-annually in advance and they are fixed and determined as follows: Minimum Annual Charge Up to 200 heads at $ 37.50 per year 37.50 per year 200 to 300 heads at 45.00 per year 300 to 400 heads at 52.50 per year 400 to 600 heads at 60.00 per year 600 to 800 heads at 67.50 per year 800 to 1000 heads at 75.00 per year 1000 to 1200 heads at 82.50 per year 1200 to 1400 heads at 90.00 per year 1400 to 1600 heads at 97.50 per year 1600 to 1800 heads at 105.00 per year 1800 to 2000 heads at 112.50 per year 2000 to 2200 heads at 120.00 per year 2200 to 2400 heads at 127.50 per year 2400 to 2600 heads at 135.00 per year 2600 to 2800 heads at 142.50 per year 2800 to 3000 heads at 150.00 per year 3000 to 3500 heads at 157.50 per year For each additional 500 heads or fraction thereof over 3500 heads at $7.50 per year. Section 4. Any person, firm or corporation who shall violate any of the provisions hereof, shall be deemed guilty of a misdemeanor and upon convic- tion thereof shall be fined not to exceed One Hun- dred Dollars ($100.00) or imprisoned not to exceed thirty (30) days in jail. Section 5. Ordinance No. 15-50 adopted June 15, 1950, be and the same is hereby repealed. Section 6. This ordinance shall be in full force and effect on June 1, 1955, after its passage, adop- tion and publication as required by law. Adopted 2/ 14/ 55 Published 2/ 18/ 55 9 CHAPTER V Parks and Playgrounds ORDINANCE NO. 18-45, Section 2 REPEALED by Ordinance No. 41-54 Ordinance No. 41-54 An Ordinance delineating the respective responsi- bilities of the Park Board and Recreation Com- mission with regard to recreation activities conducted in public parks; establishing Flora Park; placing Allison -Henderson Memorial Park under the jurisdiction of the Park Board; and repealing Section 2 of Ordinance 18-45. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Park Board shall have the jurisdiction and control over all grounds that have been or may hereafter be set aside as public parks. Except as hereinafter provided, such jurisdiction and control shall be exclusive and shall compre- hend the supervision, maintenance and repair of all grounds, roads, buildings, recreational facili- ties and appurtenances located therein. Section 2. In all public parks in which the Rec- reation Commission now has or shall have, with the consent of the Park Board, hereafter installed recreational equipment or buildings, said Commis- sion shall have exclusive jurisdiction and control over such recreational equipment and buildings, including the supervision, maintenance and repair thereof and the supervision of the recreational activities employing such equipment or buildings. 10 Section 3. That except for the appurtenant easements of right of way and a strip along Penn- sylvania Street 20' in width, the recently acquired real estate in the west end of the City, to -wit: Sylvester Place: Lot 1 of 4 of Mineral Lot 260; Lot 2 of 1 of 2 of 4 of Mineral Lot 260; Lot 2 of 2 of 4 of Mineral Lot 260; Lot 2 of 2 of 2 of Mineral Lot 259; Lot 1 of 2 of Mineral Lot 259; Lot 1 of 1 of 1 of 1 of 1 of 2 of J.P. Mettel's Sub., be and the same is hereby set apart as a public park to be known as "Flora Park" under the juris- diction and control of the Park Board, subject, how- ever, to the right in the Recreation Commission to construct and maintain a municipal swimming pool and other recreational facilities therein in accord- ance with the Pilot Plan prepared by Paul Rossiter, Architect dated April 28, 1954 and the further right in the City Council of the City of Dubuque to install and maintain such storm sewers, sanitary sewers and water mains therein as it shall deem necessary. Section 4. That Section 2 of Ordinance No. 18-45 be and the same is hereby repealed and Allison - Henderson Memorial Park is hereby placed under the care, control and supervision of the Park Board, subject to the provisions of Section 2 hereof. Adopted 6/7/54 Published 6/ 11/ 54 CHAPTER VI Streets and Sidewalks ORDINANCE NO. 47 REPEALED by Ordinance No. 2-53 ORDINANCE NO. 53 REPEALED by Ordinance No. 51-51 ORDINANCE NO. 171 REPEALED by Ordinance No. 45 -51 Ordinance No. 45-51 An Ordinance Prohibiting Excavations in Streets or Other Public Places Without a Permit; Provid- ing For the Issuance of Permits and Making a Charge Therefor and Providing a Penalty for a Violation Thereof. Be it Ordained by the City Council of the City of Dubuque: Section 1. No person, firm or corporation shall make or cause to be made any excavation in any public street, avenue, alley or other public place in the City of Dubuque or dig up, cut into, or re- move any public sidewalk, curb or pavement with- out first obtaining a permit from the City Man- ager as hereinafter provided. Section 2. Before any such permit shall.be issued, an application therefor shall be filed with the City Manager by the person desiring to do the work which application shall state the place, amount and purpose of the contemplated work, the time when the work is to be started and the estimated time required for completion thereof, together with such other information as the Manager may reason- ably require to determine whether the permit would be granted. Each application shall contain an agree- ment signed by the applicant, in which the applicant agrees to perform the work, including all digging, tunnelling, backfilling and "restoration of the surface in a good and workmanlike manner and in accordance with specifications established by the City Manager. Section 3. Such application shall contain an agreement by the applicant to compensate the City for the cost of restoring the pavement surface de- termined as hereinafter provided. Section 4. When the permittee has completed •the excavation, including backfilling and restora- tion, to the approval of the City Manager, the pav ing surface shall then be restored by the City Street Department as soon as practicable at per- mittee's cost. The cost of the restoration of the pavement surface shall be determined by the City Manager and shall include field labor, supervision, materials, use of equipment, and inspection. The City Manager may, at his discretion, make an ad- ditional charge equal to 2% of the basic charge multiplied by the difference between 36 and the number of months the pavement has been laid. Section 5. At the time the application is filed the applicant shall deposit with the City Treasurer a sum equal to the charge for restoring the pavement surface as estimated by the City Manager which sum shall be retained by the City to apply against the charge for restoring the surface hereinabove re- ferred to and credited to the Street Fund. In the event the amount of the deposit proves to be in ex- cess of the charge the difference shall be refunded to the permit holder. Section 6. Any work done under a permit provid- ed for in this ordinance shall be performed in such a manner as to cause the least possible interference with the movement of traffic. On main thorough- fares there shall be at all times sufficient traffic lanes open to permit a substantially normal traffic flow. Unless this can be accomplished the work shall be confined to the hours between 9 a.m. and 4 p.m. or between midnight and 7 a.m. In the event the work is of emergency nature the City Manager may authorize work during other hours but shall assign police to direct traffic. Section 7. Permits shall be executed in duplicate and shall show the work for which the same has been granted, the name of the person, firm or cor- poration to which the same is issued, the location of the premises, the purpose of the excavation and the time within which the work shall be commenced and completed. The work shall be started within one week from the date of the issuance of the permit. Section 8. No permit shall be granted to any per- son, firm, or corporation who shall not have first been authorized by the City Council to do excavating within the limits of the City and shall have deposited a policy of liability insurance satisfactory to the City Council insuring the City against any liability arising out of the work during the period the same is being carried on or within 2 years thereafter. Section 9. Any work done under a permit as pro- vided for in this ordinance shall be done expedi- tiously and in a good and workmanlike manner under the direction and supervision of the City Manager. Section 10. Any person, firm or corporation vio- lating the provisions of this ordinance shall upon conviction thereof be punished by a fine of not more than $ 100.00 or, in default thereof, imprisoned for not more than thirty days. Section 11. Any person, firm or corporation who shall fail to comply with the terms and conditions of the permit herein authorized or shall violate the terms of this ordinance shall not hereafter be granted another such permit without the prior ap- proval of the City Council. Section 12. The City Manager is hereby author- ized to delegate any of the powers conferred on him by this ordinance to either the City Engineer or the City Plumbing Inspector. Section 13. The provisions of this ordinance shall not apply to City Departments or to persons performing work under a contract with the City but any such contract shall require a substantial com- pliance with the provisions of this ordinance. 11 Section 14. Ordinance No.171 adopted February 1, 1926 is hereby repealed. Adopted 9/25/51 Published 9/28/51 Ordinance No. 51-51 An Ordinance Providing for the Removal of Snow, Ice and Slush From Sidewalks; Repealing Ordi- nance No.53 and Providing a Penalty for a Violation Hereof. Be it Ordained by the City Council of the City of Dubuque: Section 1. The owner of any lot or parcel there- of abutting upon any sidewalk on the City streets in the City of Dubuque, ghall promptly remove, or cause to be removed, accumulations of snow, ice or slush from such sidewalks. Section 2. In the event such accumulations are permitted to remain on such sidewalks for more than a reasonable length of time, then the City Man- ager, when he deems necessary in the interests of public safety, shall cause the same to be removed and the cost of such removal shall be assessed against the abutting property in the manner set out in Section 3. Section 3. When the City Manager has caused accumulations of snow, ice or slush to be removed from any sidewalk in accordance with the provisions of this Ordinance, he shall promptly ascertain the actual cost thereof, including the cost of supervi- sion, inspection and accounting, and shall certify such actual cost to the City Clerk who, in turn, shall promptly certify said cost to the County Audi- tor and it shall then be collected with and in the same manner as general property taxes in accord- ance with the provisions of Chapter 151 of the Acts of the 54th General Assembly of Iowa. Section 4. Any person, firm or corporation who shall violate any of the provisions of this Ordinance shall be guilty of a misdemeanor and upon convic- tion thereof, shall be fined not to exceed one hun- dred dollars ($100). Section 5. Ordinance No.53 entitled "An Ordi- nance providing for the cleaning of sidewalks" is hereby repealed. Adopted November 13, 1951. Published November 19, 1951. Ordinance No. 9-52 An Ordinance Changing the Names of Streets and Avenues Within the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the following changes in the names of Streets and Avenues within the City of Dubuque be and the same are hereby changed, the changes to become effective from and after the passage and publication of this Ordinance as re- quired by law. The names of Streets and Avenues shall be changed to read as follows: Austin street from Cooper street to Maiden Lane shall be called Raymond Place. Fremont avenue from Grandview avenue to Lombard street shall be called Dodge street. 12 U. S. Highway No. 20 from Lombard street to the new city limits shall be called Dodge street. Delhi street from the old city limits to the new city limits shall be called University avenue. Hales Mill road from the intersection of Asbury street and Rosedale avenue to the new City Limits shall be called Asbury street. Carter road from the present City Limits at Kaufmann avenue west to the west line of Lewis subdivision shall be called Kaufmann avenue. Austin avenue in Lenox addition shall be called Nebraska avenue. Prescott avenue in Lenox addition shall be called Missouri avenue. Emerson avenue in Lenox addition shall be called Wisconsin avenue. Iowa avenue in Lenox addition shall be called Ohio avenue. Wilson street in Wilson Dubuque addition shall be called Montana street. and designating the unnamed street at the old city limits line from Green street to Fairview Drive as Bunker Hill street. Section 2. That upon final passage a copy there- of shall be certified and filed with the County Re- corder and County Auditor of Dubuque County, Iowa, and be entered of record in the Recorder's office in accordance with the law. Section 3. This Ordinance shall be in force and effect from and after its final passage by the City Council and publication as provided by law. Adopted 3/3/52 Published 3/10/52 Ordinance No. 33-52 An Ordinance Changing the Name of Hazel Street in the City of Dubuque to Sunnyview Drive Be it Ordained by the City Council of the City of Dubuque: Section 1. That the name of Hazel street in the City of Dubuque is hereby changed to Sunnyview Drive and that said street shall be known hereafter as Sunnyview Drive. Section 2. That the City Clerk is hereby au- thorized and directed to file a certified copy of this Ordinance with the County Recorder of Dubuque County, Iowa. Adopted 9/16/52 Published 9/19/52 Ordinance No. 20-52 An Ordinance Designating the Alley Lying between St. Ambrose Street and Bunker Hill Street and Abutting the North Boundary of Finley Addition as a Street to be Known as Fairway Drive and Widening the Same, and Subdividing Lot 2 of 1 of Mineral Lot 265 to Provide for the Such Widen- ing. Whereas the City Engineer has submitted a plat showing a proposed widening of the alley abutting the north boundary of Finley addition between Bunker Hill street and St. Ambrose street by subdividing Lot 2 of 1 of Mineral Lot 265 to provide an additional 10' strip on the north side thereof and by including the north 15' of Lots 75 to 83 inclusive of Finley addition on the south side thereof; and Whereas the City Council is of the opinion said plat should be approved; Now Therefore Be it Ordained by the City Council of the City of Dubuque: 1. That said plat is hereby approved and the Mayor and City Clerk authorized to endorse said approval thereon. 2. That hereafter said alley shall be designated a street 50' in width and shall hereafter be known as Fairway Drive. 3. That the City Clerk is hereby authorized and directed to file a certified copy of this Ordinance with the County Recorder of Dubuque County, Iowa, Adopted 5/14/52 Published 5/19/52 Ordinance No. 2-53 An Ordinance Providing for the Construction or Repair of permanent or temporary Sidewalks and the Assessment of the cost thereof; pro- viding for a penalty for violation hereof; and repealing Ordinances No. 47 and No. 61-51. Be it Ordained by the City Council of the City of Dubuque: Section 1. That permanent sidewalks hereafter built or laid on any street, shall not be laid until the bed of the same shall have been graded, so that when completed such sidewalk shall be at the established grade, and all sidewalks, unless otherwise ordered, shall be permanent sidewalks and shall be constructed as provided in the plans and specifications for permanent sidewalks pre- pared by the Engineer and approved by the Coun- cil. Section 2. It shall be the duty of the Engineer, upon the taking effect of this Ordinance, to sub- mit plans and specifications for permanent and temporary sidewalks to the Council, and the Council, upon making such changes as they deem advisable, shall approve the same and such plans and specifications so approved shall constitute the plans and specifications for permanent and tem- porary sidewalks and shall continue in force until changed by the Council. Section 3. Any property owner may build a permanent sidewalk in front of or along his pro- perty at any time, at his own expense by securing a permit from the City Manager, but such side- walks shall conform strictly to this Ordinance and the plans and specifications then in force, and no permanent sidewalk shall be built by any person without securing the permit therefor, and whoever shall build or undertake to build, or have any per- son build for him, any permanent sidewalk, with- out first having secured a permit therefor, shall be guilty of a misdemeanor and shall be punished by a fine of not to exceed One Hundred Dollars ($100) or by imprisonment not exceeding thirty (30) days. Section 4, Any person or firm desiring to engage in the construction of permanent sidewalks for private business, or for the City of Dubuque, shall execute a surety company bond in the sum of One Thousand Dollars ($1,000) conditioned that he will hold the City harmless from damage be- cause of any negligence of himself or his employ- ees while constructing said walk and that he will keep the walk in good and perfect repair for the time stated in the plans and specifications and shall be liable on said bond to the City and pro- perty holder for any damage, loss and expense caused by reason of his failure to build such walk according to specifications, and for any breach of the bond. One of the conditions of the bond shall be that the Engineer's decision that the walk needs repair shall be final. No bond shall be good for a longer period than one year. Section 5. All permanent sidewalks built shall be subject at all times to inspection and control by the City and shall be approved by the Engineer before the person or firm doing the work shall be entitled to demand or receive pay from the pro- perty owner for building the same. The contractor building a walk under private contract shall re- port its completion to the City Engineer. The City Manager may order any sidewalk which is not in accordance with the plans and specifications taken up and replaced and the person or firm building the same shall be liable on their bond for failure so to do within the time specified. Section 6. The Council, by the adoption of a Resolution by three -fourths vote, may order the construction or reconstruction of permanent side- walks upon any street, highway, avenue or public ground. The cost of such improvement or any portion thereof may be paid from the street fund or by assessing such cost or a portion thereof against the lots and parcels of land in front of which the same shall be constructed. Section 7. Whenever the Council shall propose to construct or reconstruct a permanent sidewalk and assess all or a portion of the cost thereof against abutting property they shall give notice of their intention so to do by directing the City Clerk to mail a notice to each property owner affected, as shown by the tax rolls, by U. S. Mail at least ten (10) days prior to the adoption of such Reso- lution. Section 8. Upon completion of the work the City Engineer shall certify the cost thereof to- gether with a schedule showing the lots proposed to be assessed for said improvement, the owners thereof as shown by the tax rolls, and the amount proposed to be assessed against each lot, The Council shall thereupon by Resolution set a time and place of hearing on such proposed assessment and direct notice of such hearing to be given. At such hearing the City Council may adopt, or mod- ify and adopt, the schedule as submitted by the City Engineer and levy such assessments as a special tax in the amounts and against the pro- perties as shown by said schedule as adopted. However, the assessment as shown by the proposed schedule of any taxpayer shall not be increased without notice to the taxpayer. Section 9. Said special tax shall be paid, col- lected and bear interest and the cost of such im- provement paid for, all as provided by Sections 389.32 to 389.36, inclusive, of the 1950 Code of Iowa. 13 Section 10. Upon recommendation of the City Manager, the City Council may, by Resolution, without notice, direct the repair of any sidewalk or portion thereof and assess the cost thereof against the property in front of which such repairs are made. Upon completion of such repair the City Clerk shall certify the cost thereof to the County Auditor and it shall then be collected with and in the same manner as general property taxes. Section 11. The City Council may, by Reso- lution, provide for the laying, relaying or repair of temporary sidewalks and assess the cost there- of in the manner provided in Section 10 hereof. Section 12. Ordinance No. 47 as amended and Ordinance No. 61-51 are hereby repealed. Section 13, This Ordinance shall be in full force and effect from and after its final passage, adoption and publication. Adopted 1/13/53 Published 1/16/53 Ordinance No. 44-53 Whereas the Board of Supervisors of Dubuque County, Iowa, have delivered deed quit claiming to the City of Dubuque, all right, title and interest in and to Lot 2 of Chaney Place in the City of Dubuque, Iowa; and Whereas said property was acquired by Dubuque County for a public road; and Whereas said Board has agreed to construct and surface a road on said Lot; Now Therefore, Be it Ordained by the City Council of the City of Dubuque, Iowa: Section 1. That the City of Dubuque hereby accepts said quit claim deed; Section 2. That said Lot 2 of Chaney Place be and the same is hereby established as a public street from Hillcrest Road to Pennsylvania Ave- nue to be known as Chaney Road; Adopted 6/23/53 Published 6/29/53 Ordinance No. 45-53 Whereas the Board of Supervisors of Dubuque County, Iowa, have delivered deed quit claiming to the City of Dubuque, all right, title and interest in and to: Lot 2 of 1 of 1 of 1 of 2 of John P. Mettel's Subdivision, Lot 2 of 2 of 1 of 1 of 2 of John P. Mettel's Subdivision, Lot 2 of 3 of 1 of 1 of 2 of John P. Mettel's Subdivision, in the City of Dubuque, Iowa; and Whereas said property was acquired by Dubuque County for a public road; and Whereas said Board has agreed to construct and surface a road on said lot; Now Therefore, Be it Ordained by the City Council of the City of Dubuque, Iowa: Section 1. That the City of Dubuque hereby accepts said quit claim deed; 14 Section 2. That the above described property be and the same is hereby established as a public street to be hereafter known as Green Street from the present terminus of Green Street to Pennsylvania Avenue; Adopted 6/23/53 Published 6/29/53 Ordinance No. 69-53 Be it Ordained by the City Council of the City of Dubuque, Iowa: Section 1. That Eleanor Street, as the same appears on the various plats of the Subdivisions of Lot 1 and of Lot 2 of Robinson's Subdivision in the City of Dubuque, Iowa, be and the same is hereby accepted and established as a public street in the City of Dubuque, Iowa, and that the name thereof is hereby changed to and the same shall be hereafter known as "Indian Ridge"; Adopted 11/16/53 Published 11/20/53 Ordinance No. 3-54 An Ordinance changing the Name of Rowan Street to Julien Dubuque Drive. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the name of Rowan Street in the City of Dubuque, from Grandview Avenue to the City limits, be and the same is hereby changed to Julien Dubuque Drive, and that said street shall be known hereafter as Julien Dubuque Drive. Section 2. That the City Clerk is hereby auth- orized and directed to file a certified copy of this Ordinance with the County Recorder of Dubuque County, Iowa. Adopted 1/11/54 Published 1/14/ 54 Ordinance No. 5-54 An Ordinance Accepting the Conveyance of Certain Herein Described Real Estate and Establishing Victoria Street and Diane Court thereon. Whereas Burton R. Baal and Ethel Baal have tendered to the City of Dubuque, their Quit Claim Deed conveying Lot 2 of the Subdivision of Lot 1 of 1 of 1; and Lot 2 of the Subdivision of Lot 1 of 1 of 1 of 1, of Lee's Subdivision in the City of Dubuque, Dubuque County, Iowa to the said City for the purpose of extending Vic- toria Street thereon; and Whereas William Cook and Marie Cook have tendered their quit claim deed conveying Lot 2 of Lot 1 of Cook and Allen Place in the City of Dubuque, Dubuque County, Iowa, to the said City for the purpose of extending Vic- toria Street thereon; and Whereas Edwin J. Koerperick and Lorrayne A. Koerperick have tendered to the City of Dubuque, their Warranty Deed conveying Lot 1 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of part of Mineral Lot 28 in the City of Dubuque, Dubuque County, Iowa to said City for the purpose of establishing Victoria Street and Diane Court thereon; and Whereas it appears from the record that Mrs. Mary Elmer is the owner of an easement across all or portions of the above described lots; and Whereas the said Edwin J. Koerperick and Lorrayne A. Koerperick have filed with the City Council their agreement to hold the City harmless from any damage claim made by the said Mrs. Mary Elmer arising out of the establishment of a public street upon the above described lots and further agreeing to surface the streets established on the above described lots according to plans and specifications approved by the City Manager and in a manner approved by the City Manager, which lat- ter agreement is secured by a surety bond; Now therefore, be it Ordained by the City Council of the City of Dubuque: Section 1. That the above described deeds of conveyance to the above described real estate are hereby accepted by the City of Dubuque; Section 2. That Victoria Street is hereby ex- tended and established as a public street 40 feet in width southerly across the above described real estate to the southerly line of Lot 1 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of part of Mineral Lot 28; Section 3. That Diane Court is hereby extended and established as a public street 40 feet in width easterly from its present easterly terminus in Koerperick's subdivision to its intersection with Victoria Street; Section 4. That the City Clerk is hereby auth- orized and directed to file a certified copy of this Ordinance with the County Recorder of Dubuque County, Iowa; Adopted 3/ 1/ 54 Published 3/5/54 Ordinance No. 9-54 An Ordinance Naming the Unnamed Street Lying Between State Street and South Hill Street first south of Curtis Street. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the unnamed street lying be- tween State Street and South Hill Street, first south of Curtis Street, as the same appears upon a plat adopted and approved by the City Council by Resolution No. 378-29 on June 21, 1929, shall here- after be known as "York Street". Adopted 3/25/54 Published 3/29/54 Ordinance No. 36-54 An Ordinance Change the Name of McLenan Street to River Ridge. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the name of McLenan Street from its southerly terminus at Tressa Street to its northerly terminus in Mississippi Heights Sub- division, be and the same is hereby changed to RIVER RIDGE. Adopted 4/ 20/ 54 Published 4/ 27/ 54 Ordinance No. 4-55 An Ordinance Extending Kaufmann Avenue by in- cluding the herein described real estate and directing the filing of a certified copy with the County Recorder. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the conveyance of Lot 2 of 1 of 1 of 2 of 2 to 1 of 2 of 1 of Highland Farm in the City of Dubuque, heretofore conveyed to the City of Dubuque by Warranty Deed dated April 13, 1953, be and the same is hereby accepted and that Kaufmann Avenue be and the same is hereby ex- tended and established as a public street to include aid hereinbefore described lot, together with the portion of Kaufmann Avenue dedicated in the plat of Lot 1 of Lewis Heights Addition to the City of Dubuque from the westerly line of Carter Road to the west line extended of Lot 2 of 1 of 1 of 2 of 2 of 1 of 2 of 1 in Highland Farm in the City of Dubuque. Section 2. That the City Clerk be and hereby is authorized and directed to record a certified copy of this Ordinance with the County Recorder of Dubuque County, Iowa. Adopted 3/7/55 Published 3/ 14/ 55 Ordinance No. 5-55 Be it Ordained by the City Council of the City of Dubuque: Section 1. That the alley lying between Locust Street and Bluff Street from Dodge Street north to Jones Street, be and the same is hereby designated "Bissel Lane" and the City Manager is hereby authorized and directed to assign house numbers to the lots fronting on said alley. Adopted 3/7/55 Published 3/ 14/ 55 Ordinance No. 18-55 An Ordinance Changing the Names of Earl Drive and Earl Drive East within the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the names of the following named streets within the City of Dubuque be and the same are hereby changed as follows: Earl Drive and Earl Drive East in Falk's Subdivision shall be named Ideal Lane Earl Drive in Falk's Subdivision which is first street East of Earl Drive shall be named Ruann Drive. Section 2. That upon final passage of this ordi- nance a copy thereof shall be certified and filed with the County Recorder and thereof shall be 15 certified and filed with the County Recorder and County Auditor of Dubuque County, Iowa. Adopted 3/23/55 Published 3/28/55 Ordinance No. 50-55 An Ordinance Changing the Name of Seminary Street to Clarke Drive. 16 Section 1. That the name of Seminary Street from Heeb Street to Asbury Street be and same is hereby changed to Clarke Drive. Section 2. That the City Clerk be and he is hereby authorized and directed to record a certi- fied copy of this Ordinance in the offices of the County Recorder and County Auditor of Dubuque County, Iowa. Adopted 9/6/55 Published 9/12/55 CHAPTER VII Public Market ORDINANCE NO. 36 REPEALED by Ordinance No. 23-52 ORDINANCE NO. 154 REPEALED by Ordinance No. 23-52 ORDINANCE NO. 24-42 REPEALED by Ordinance No. 23-52 Ordinance No. 23-52 An Ordinance Establishing a Central Market; Regu- lating the Display and Sale of Merchandise Thereon; Regulating the Street and Sidewalk Display of Food Elsewhere in the City of Dubuque; Providing a Penalty for the Violation Hereof; and Repealing Ordinance Nos. 36, 154, and 24-42. Be it Ordained by the City Council cf the City of Dubuque: Section 1. That part of the property of the City adjacent to the City Hall, together with such part of the streets, and sidewalks located in the area bounded by Eleventh street, Thirteenth. street, White street and Iowa street, as may be necessary, shall constitute and be known as the Central Mar- ket. Section 2. That the City Manager is hereby au- thorized and directed to establish spaces for stalls in the Central Market and issue permits for the use of the same. The annual fee for such permits shall be Fifteen Dollars ($ 15) per space which fee shall be charged and collected at the time of issu- ance of the permit and paid over to the City Treas- urer; Section 3. That it shall be the duty of the City Manager to keep the streets and sidewalks in the Central Market open and free for travel; Section 4. That no person, firm or corporation shall display, offer for sale, or sell any merchan- dise on the streets and sidewalks of the Central Market except poultry, vegetables, flowers, eggs, butter and fruits, raised or produced by the vendor and displayed at a stall for which a permit has been issued under the provisions of Paragraph 2 hereof; Section 5. That no person, firm or corporation shall make any sidewalk or street display of food upon any of the streets of sidewalks of the City of Dubuque except in the Central Market at stalls es- tablished by the City Manager under the provisions of Paragraph 2 hereof. Section 6. That all food or food products offered for sale on the Central Market shall be subject to inspection by the Health Officer or his deputy. If any such food is found to be unfit for human con- sumption, such officer shall confiscate and destroy the same and the person offering for sale or sell- ing such food shall be guilty of a misdeameanor. If any person, firm or corporation holding a per- mit for a stall in the Central Market shall operate the same in a manner contrary to law, or display his wares in an unsanitary manner his permit shall be revoked. Section 7. That Ordinance No. 36, Ordinance No. 154 and Ordinance No. 24-42 are hereby re- pealed. Section 8. Any person, firm or corporation who violates any of the provisions of this Ordinance shall, upon conviction thereof, be fined not to ex- ceed One Hundred Dollars ($100) and in default of such fine shall be imprisoned for a period not to exceed thirty (30) days. Adopted 6/2/52 Published 6/6/52 17 CHAPTER VUI Public Health ORDINANCE NO. 34, Section 8 REPEALED by Ordinance No. 38-53 ORDINANCE NO. 147 REPEALED by Ordinance No. 38-53 ORDINANCE NO. 28-29 REPEALED by Ordinance No. 38-53 ORDINANCE NO. 7-41 AMENDED by Ordinance No. 15-52 and 2-55 ORDINANCE NO. 27-49 AMENDED by Ordinance No. 58-55 Ordinance No. 15-52 An Ordinance Amending Ordinance No. 7-41 as Amended by Repealing Sections 8, 10, 11, and 12 Thereof and Enacting New Sections in Lieu Thereof to Eliminate Authorization of the Sale of Raw Milk in the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque: Section 1. That Section 8 of Ordinance No. 7-41, as amended, be and the same is hereby repealed and thefollowing enacted in lieu thereof: "Section 8. GRADES OF MILK AND MILK PRODUCTS WHICH MAY BE SOLD. No milk or milk products shall be sold to the final consum- er or to restaurants, soda fountains, grocery stores, or similar establishments except Grade A Pasteurized and Certified; provided, that when any milk distributor fails to qualify for one of the above grades the health officer is authorized to revoke his permit, or in lieu thereof to degrade his product and permit its sale during a temporary period not exceeding 30 days or in emergencies such longer period as he may deem necessary." Section 2. That Section 10 of Ordinance No. 7-41 as amended be and the same is hereby re- pealed and the following enacted in lieu thereof: "Section 10. TRANSFERRING OR DIPPING MILK; DELIVERY CONTAINERS; HANDLING OF MORE THAN ONE GRADE; DELIVERY OF MILK AT QUARANTINED RESIDENCES. Except as per- mitted in this section, no milk producer or dis- tributor shall transfer milk or milk products from one container to another on the street, or in any vehicle or store, or in any place except a bottling or milk room especially used for that purpose. The sale of dip milk is hereby prohibited. All pasteurized milk and milk products shall be placed in their final delivery containers in the plant in which they are pasteurized. Milk and milk products sold in the distributor's containers in quantities less than one gallon shall be delivered in standard milk bottles or in single -service con- tainers approved by State Health,authorities. It 18 shall be unlawful for hotels, soda fountains, res- taurants, groceries, and similar establishments to sell or serve any milk or milk product except in the original container in which it was received from the distributor or from a bulk container equipped with an approved dispensing device; pro- vided, that this requirement shall not apply to cream consumed on the premises, which may be served from the original bottle or from a dispens- er approved for such service. It shall be unlawful for any hotel, soda fountain, restaurant, grocery, or similar establishment to sell or serve any milk or milk products which have not been maintained, while in its possession, at a temperature of 50 degrees F. or less. No milk or milk products shall be permitted to come in contact with equipment with which a lower grade of milk or milk products has been in contact unless such equipment has been first thoroughly cleaned and subjected to bactericidal treatment. Bottled milk or milk products, if stored in water, shall be so stored that the tops of the bot- tles will not be submerged. It shall be the duty of all persons to whom milk or milk products are delivered to clean thoroughly the containers in which such milk or milk products are delivered before returning such containers. Apparatus, containers, equipment, and utensils used in the handling, storage, processing, or trans- porting of milk or milk products shall not be used for any other purpose without the permission of the health officer. The delivery of milk or milk products to, the collection of milk or milk products containers from, residences in which cases of communicable disease transmissible through milk supplies exist, shall be subject to the special requirements of the health officer." Section 3. That Section 11 of Ordinance No. 7-41, as amended be and the same is hereby re- pealed and the following enacted in lieu thereof: "Section 11. MILK AND MILK PRODUCTS FROM POINTS BEYOND THE LIMITS OF ROU- TINE INSPECTION. Milk and milk products from points beyond the limits of routine inspection of the City of Dubuque may not be sold in the City of Dubuque, unless produced and pasteurized under provisions equivalent to the requirements of this Ordinance; provided, that the health officer shall satisfy himself that the health officer having juris- diction over the productions and processing is properly enforcing such provisions." Section 4. That Section 12 of Ordinance No. 7-41, as amended be and the same is hereby re- pealed and the following enacted in lieu thereof: "Section 12. FUTURE DAIRIES AND MILK PLANTS. All dairies and milk plants from which milk or milk products are supplied to the City of Dubuque which are hereafter constructed reconstructed, or extensively altered shall con- form in their construction to the requirements of this Ordinance for Grade A dairy farms, or for Grade A pasteurization plants, respectively; pro- vided, that the requirement of a two -room milk house shall be waived in the case of dairies the milk from which is to be pasteurized. Properly prepared plans for all dairies and milk plants which are hereafter constructed, reconstructed or extensively altered shall be submitted to the health officer for approval before work is begun. In the case of milk plants signed approval shall be obtained fro/tithe health officer or State Department of Health." Section 5. This Ordinance shall be in full force and effect from and after its final passage, adop- tion and publication as by law provided. Adopted 4/7/52 Published 4/ 14/ 52 Ordinance No. 17-52 An Ordinance Authorizing the City Manager to Prohibit Unauthorized Persons or Vehicles from Entering Flooded Areas; Prohibiting Oc- cupancy of Dwellings Within Such Areas; Pro- viding a Penalty for Violation Hereof. Be it Ordained by the City Council of the City of Dubuque: Section 1. Whenever the City Manager shall de- termine that any area of the City of Dubuque has been or is in imminent danger of being inundated by the flood waters of the Mississippi River, he may designate the same a "Flood Area" and erect suitable barricades and signs giving notice thereof: Section 2. After signs have been erected giv- ing notice thereof, no person or vehicles shall en- ter said flood area without first having been au- thorized to do so by the City Manager; Section 3. The City Manager is hereby em- powered to issue special permits to any persons or vehicles whose presence in such flood areas is demanded by public interest, which permits shall not be transferable and shall be displayed in a prominent manner while in such area; Section 4. Whenever the imminent danger of flood waters shall make any habitation or dwelling dangerous to health and unsuitable for human habi- tation, the occupants thereof, upon demand of the City Manager or his properly authorized represen- tative, shall vacate said dwelling and remove there- from and shall not return thereto until the City Manager shall have determined such danger no longer exists; Section 5. Any person, firm or corporation vio- lating any of the terms or conditions of this Ordi- nance shall be guilty of a misdemeanor and pun- ished by a fine of not more than One Hundred Dol- lars ($100) or imprisoned in the County jail for not more than thirty (30) days. Section 6. This Ordinance shall be in full force and effect from and after its final passage, adoption and publication as by law provided. Adopted 4/ 15/ 52 Published 4/18/52 Ordinance No. 58-55 An Ordinance Amending Ordinance No. 27-49 by Repealing Section 2 thereof and Enacting A Substitute Therefor Providing for a License and License Fee. Be it Ordained by the City Council of the City of Dubuque, Iowa: Section 1. That Section 2 of Ordinance No. 27-49 be and the same is hereby repealed and the following enacted in lieu thereof: Section 2. It shall be unlawful for any person, firm or corporation to operate a restaurant or itinerant restaurant in the City of Dubuque without first procuring a permit therefor and paying a fee as follows: For a restaurant $20.00 per year; For an itinerant restaurant $20.00 per year, $10.00 per week and $5.00 per day. In the event of the violation of any of the pro- visions of this ordinance by a permit holder, the Health Officer may revoke or temporarily suspend the permit. Adopted 9/6/55 Published 9/13/55 21 CHAPTE Public ORDINANCE NO. 34, Section 8 REPEALED by Ordinance No. 38-53 ORDINANCE NO. 147 REPEALED by Ordinance No. 38-53 ORDINANCE NO. 28-29 REPEALED by Ordinance No. 38-53 ORDINANCE NO. 7-41 AMENDED by Ordinance No. 15-52 and 2-55 ORDINANCE NO. 27-49 AMENDED by Ordinance No. 58-55 Ordinance No. 15-52 An Ordinance Amending Ordinance No. 7-41 as Amended by Repealing Sections 8, 10, 11, and 12 Thereof and Enacting New Sections in Lieu Thereof to Eliminate Authorization of the Sale of Raw Milk in the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque: Section 1. That Section 8 of Ordinance No. 7-41, as amended, be and the same is hereby repealed and thefollowing enacted in lieu thereof: "Section 8. GRADES OF MILK AND MILK PRODUCTS WHICH MAY BE SOLD. No milk or milk products shall be sold to the final consum- er or to restaurants, soda fountains, grocery stores, or similar establishments except Grade A Pasteurized and Certified; provided, that when any milk distributor fails to qualify for one of the above grades the health officer is authorized to revoke his permit, or in lieu thereof to degrade his product and permit its sale during a temporary period not exceeding 30 days or in emergencies such longer period as he may deem necessary." Section 2. That Section 10 of Ordinance No. 7-41 as amended be and the same is hereby re- pealed and the following enacted in lieu thereof: "Section 10. TRANSFERRING OR DIPPING MILK; DELIVERY CONTAINERS; HANDLING OF MORE THAN ONE GRADE; DELIVERY OF MILK AT. QUARANTINED RESIDENCES. Except as per- mitted in this section, no milk producer or dis- tributor shall transfer milk or milk products from one container to another on the street, or in any vehicle or store, or in any place except a bottling or milk room especially used for that purpose. The sale of dip milk is hereby prohibited. All pasteurized milk and milk products shall be placed in their final delivery containers in the plant in which they are pasteurized. Milk and milk products sold in the distributor's containers in quantities less than one gallon shall be delivered in standard milk bottles or in single -service con- tainers approved by State Health authorities. It 18 as approved by the City Council by Resolution No. 278-53 on the 1st day of June, 1953; Section 2. In addition to the provisions of Ordinance No. 7-41 of the City of Dubuque, as amended, the sampling, examination, grading, and labeling of milk or milk products sold or offered for sale for ultimate consumption within the City of Dubuque; the inspection of dairy herds, dairies and milk plants; and the issuance and revocation of permits to milk producers, haulers and dis- tributors shall all be done in accordance with the terms of the unabridged form of the Ordinance in "Milk Ordinance and Code - 1953 Recommendations of the Public Health Service" as approved by the City Council by Resolution No. 278-53 on the 1st day of June, 1953; Section 3. Any person who shall violate any of the provisions of this Ordinance shall be fined not more than One Hundred Dollars (100) or imprisoned not more than thirty (30) days in lieu of such fine; Section 4. This Ordinance shall be in full force and effect on June 1, 1953 after its final adoption and publication as provided by law. Adopted 6/ 1/ 53 Published 6/5/53 Ordinance No. 2-55 An Ordinance Amending Ordinance No. 7-41 by repealing Section 7-Ir thereof and enacting a substitute therefor. Be it Ordained by the City Council of the City of Dubuque: Section 1. That Section 7-lr of Ordinance No. 7-41 be and the same is hereby repealed and the following enacted in lieu thereof; "7-1r Cows -Health -- All milk for pasteuriza- tion shall be from herds which are located in a modified accredited tuberculosis -free area, as de- termined by the Bureau of Animal Industry, United States Department of Agriculture, and which has been tested for tuberculosis not more than 6 years prior to the adoption of this ordinance and at least every 6 years after such test: Provided, that herds located in an area that fails to maintain such ac- credited status, or that has an incidence of bovine tuberculosis in excess of 0.2 percent, shall have been accredited by said Bureau of Animal Industry as tuberculosis -free, or shall have passed an an- nual tuberculin test. All additions to such herds shall be free from tuberculosis. Said tests and retests shall be made, and any reactors disposed of, in accordance with the latest requirements ap- proved by the Bureau of Animal Industry, United States Department of Agriculture, for tuberculosis - free, accredited herds, in effect at the time of the adoption of this ordinance. A certificate identifying each animal, signed by the veterinarian or attested to by the health officer, and filed as directed by the health officer, shall be evidence of the above test. Upon the adoption of this ordinance, all milk and milk products for pasteurization shall be from herds certified by the State Livestock Sanitary Authority as following Plan A as approved by the BAI for the eradication of brucellosis. Evidence of this certification shall be filed as directed by the health officer. All additions to the herd shall be made, and any reactors disposed of, in accordance with the latest requirements approved by the BAI, USDA, in effect at the time of the adoption of this ordinance. A certificate identifying each animal, signed by the veterinarian and the director of the laboratory making the test, and filed as directed by the health officer, shall be evidence of the above test. Cows which show a complete induration of one quarter or extensive induration in one or more quarters of the udder upon physical examination, whether secreting abnormal milk or not, shall be permanently excluded from the milking herd: Provided, that this shall not apply in the case of a quarter that is completely dry. Cows giving bloody, stringy, or otherwise abnormal milk, but without entire or extensive induration of the udder, shall be excluded from the herd until re-examination shows that the milk has become normal. For other diseases, such tests or examinations as the health officer may require after consultation with State livestock sanitary officials shall be made at intervals and by methods prescribed by him, and any diseased animals or reactors shall be disposed of as he may require. Adopted 1/3/55 Published 1/7/55 Ordinance No. 58-55 An Ordinance Amending Ordinance No. 27-49 by Repealing Section 2 thereof and Enacting A Substitute Therefor Providing for a License and License Fee. Be it Ordained by the City Council of the City of Dubuque, Iowa: Section 1. That Section 2 of Ordinance No. 27-49 be and the same is hereby repealed and the following enacted in lieu thereof: Section 2. It shall be unlawful for any person, firm or corporation to operate a restaurant or itinerant restaurant in the City of Dubuque without first procuring a permit therefor and paying a fee as follows: For a restaurant $20.00 per year; For an itinerant restaurant $20.00 per year, $10.00 per week and $5.00 per day. In the event of the violation of any of the pro- visions of this ordinance by a permit holder, the Health Officer may revoke or temporarily suspend the permit. Adopted 9/ 6/ 55 Published 9/13/55 21 CHAPTER IX Animals ORDINANCE NO. 78, Section 64 REPEALED by Ordinance No. 2-52 ORDINANCE NO. No. 10-53 ORDINANCE NO. No. 56-54. 2-52 REPEALED by Ordinance 10-53 AMENDED by Ordinance Ordinance No. 10-53 An Ordinance Regulating the Keeping of Dogs in the City of Dubuque; Providing for the Licens- ing of the Same; Prohibiting the Same from Running at Large; Providing for the Observa- tion under Confinement of Biting Dogs; Estab- lishing Special Procedures for the Control of Rabies; Prescribing Penalties for the Violation hereof; and Repealing Ordinance No. 2-52. Be it Ordained by the City Council of the City of Dubuque: Section 1. Definitions. The following defi- nitions shall apply in the interpretation and enforcement of this Ordinance: (a) "Dog" includes all domesticated members of the canisfamilaris, male or female, whether altered or not; (b) "Owner" includes any person, firm, or cor- poration owning, harboring, sheltering or keeping a dog; (c) "Kennel Dogs" are dogs kept or raised solely for the bona fide purposes of sale and which are kept under constant restraint; (d) "At large" includes any dog off the premises of its owner or upon the public streets, alleys, public grounds, or parks within the City of Dubuque. A dog shall not be deemed at large if: 1. It is attached to a leash of sufficient strength to restrain the dog and not more than ten (10) feet in length, where said leash is held by a person competent to govern the dog; or 2. When properly restrained within a motor vehicle or housed in an animal hospital approved by City Health Officer. Section 2. Licenses. ,(a) The City Manager shall issue dog licenses upon due application and payment of the fee pro- vided hereinafter. The licensee, upon procurement of the license, shall securely attach the license tag to a collar or harness, and this collar or harness with the license tag attached shall at all times be kept on the dog for which the license is issued. Any dog found at large without a collar or harness to which a license tag is attached shall be deemed unlicensed and shall be impounded; (b) The head of the family shall be liable for payment of the license fee on any dog owned, harbored or kept by any member of the family; 22 (c) It shall be unlawful for any owner to own, possess or harbor a dog, except kennel dogs, in the City of Dubuque without having obtained a license therefor in compliance with the provisions hereinafter set forth; (d) The license fee per calendar year, or fraction thereof shall be: One Dollar ($1) for each male dog; One Dollar ($1) for each spayed female dog; Three Dollars ($3) for each female dog not spayed; (e) All dog licenses issued hereunder shall expire on March 31st of the year following the year in which the license was issued unless sooner revoked; (f) The owner, or other person responsible for the payment of the license, as hereinbefore pro- vided, shall make application for the same to the City Manager on forms provided by him, which forms shall give the name and address of the owner, the sex and description of the dog, and, when known, its breed and age. In the event of a change in ownership the license holder shall notify the City Manager of such change; Section 3. Harboring Vicious Dog. It shall be unlawful for any person to harbor or keep a vi- cious dog within the City of Dubuque. A dog is deemed to be vicious when it shall have attacked or bitten any person (without provocation), or when propensity to attack or bite persons shall exist and is known or ought reasonably to be known to the owner; Section 4. Impounding. (a) Any unlicensed dog, except Kennel dogs, and any licensed dog found at large, as previously de- fined, shall be subject to seizure and impoundment in a place provided by the city. (b) Except as otherwise provided, the possession of any licensed dog so seized or impounded may be obtained by the owner, by paying the sum of Two Dollars ($2) plus the current daily fee for keeping such dog for each day or fraction thereof during which the dog was impounded. (c) Upon proper identification, the possession of any unlicensed dog so seized or impounded, may be obtained by the owner paying the license fee, in addition to the charges above provided for impounding licensed dogs; (d) Whenever any licensed dog has been so seized or impounded, notice of such action shall be given by United States Mail to the owner, as shown by the records in the City Manager's office, and if the dog is not claimed by the owner within five (5) days after such notice has been mailed, the license shall automatically be revoked and the dog disposed of as prescribed by the Health Of- ficer; (e) Any unlicensed dog not claimed by the owner within three (3) days after it has been seized or impounded, shall be disposed of as prescribed by the Health Officer; Section 5. Dogs Disturbing the Peace. (a) It shall be unlawful for any person to own, keep, have in his possession or harbor any dog which by frequent and habitual howling, yelping, barking or otherwise, shall cause a serious an- noyance or disturbance to persons or to the neighborhood. (b) It shall be unlawful for any person, firm or corporation keeping, owning or sheltering a dog to allow or permit such animal to pass upon the premises of another causing damage or annoyance or otherwise interfering with the premises. (c) No person shall be convicted under the pro- visions of this section except upon complaint of two or more persons of different households. Section 6. Female Dogs in Season. It shall be unlawful for any owner to allow his female dog that is in season to run at large or to so confine her as to attract male dogs to the area and by their pres- ence cause a nuisance. Any person violating the provisions of this section shall be punished as provided in this Ordinance and the dog shall be subject to seizure and impoundment at the expense of the owner, during the remainder of the heat period. Section 7. Rabies. (a) The owner of any dog which has contracted rabies, or which has been subject to same or which is suspected of having rabies, or which shall have bitten any person, shall upon demand of the Chief of Police or Health Officer, produce and surrender up such dog to be held in quaran- tine for observation for a period determined by the City Health Officer at the expense of the owner of said dog. (b) At the discretion of the Health Officer it may be permissible for the owner to properly confine his dog instead of having it impounded. The term "properly confined" shall be construed to include: (1) Chaining at home or penning at home if the dog be so protected as to prevent intimate ap- proach of any other animal or person by a metal or wood barrier of sufficient size, height and construction as to absolutely prevent the ingress or egress of person or animal; (2) Confinement in an animal hospital under the supervision of a registered veterinarian. (c) If, upon examination by a veterinarian, any dog shall prove to be infected with rabies, such dog shall be disposed of as directed by the Health Officer. It shall be the duty of said veterinarian to notify the City Health Officer of any positive rabies case found within twenty-four (24) hours. (d) Any animal bitten or attacked by any known rabid animal, shall be quarantined under super- vision of the City Health Officer by being confined, as provided above, for a period of not less than ninety (90) days. (e) Any person who shall knowingly harbor or keep any dog infected with rabies, or any dog known to have been bitten by a rabid dog, or who shall fail to report to the police or health officer the existence of a dog which he knows to be so infected, or who shall fail to produce and surren- der up any dog pursuant to subsection (a) hereof, shall be punished as provided in this ordinance. (f) Any person finding a dead dog shall at once notify the police department. Section 8. Control of Rabies Outbreak. When the Mayor, pursuant to Resolution of the City Council, shall declare an emergency due to rabies: (a) It shall be unlawful for the owner of any dog to permit or suffer such dog to be at large. Any dog found at large shall be deemed to be so with the permission or at the sufference of its owner. (b) It shall be unlawful for any person except the owner of a dog, or his agent, to open any door or gate of any private premises, or to otherwise entice or enable any dog to leave any private prem- ises for the purpose or with the result of setting such dog at large. (c) Any dog, found at large shall be impounded by the police department whether licensed or not. Section 9. The City Manager is hereby au- thorized to contract from year to year with any incorporated society for the prevention of cruelty to animals for the carrying out of the provisions of this Ordinance, including the collection, pro- tection and disposition of dogs, and the collection of fees for the license and care of seized dogs. Section 10. Violation of Provisions. Any per- son violating any of the provisions of this Ordi- nance shall, upon conviction, be fined a sum not exceeding One Hundred Dollars ($100) and costs, and in default of payment be committed to the City or County jail, until such fine and costs are paid, not exceeding thirty (30) days, or a jail sentence may be imposed not exceeding the said thirty (30) days. Section 11. Unconstitutionality Clause. Should any section, paragraph, sentence, clause or phrase of this Ordinance be declared uncon- stitutional or invalid for any reason, the remain- der of said Ordinance shall not be affected there- by. Section 12. Ordinance No. 2-52 adopted by the City Council January 7, 1952 is hereby repealed and this Ordinance shall be in full force and ef- fect immediately upon its adoption and publica- tion as provided by law. Adopted 5/12/53 Published 5/15/53 23 ORDINANCE NO. No. 52-55 ORDINANCE NO. No. 55-55 ORDINANCE NO. No. 55-55 ORDINANCE NO. No. 59-55 CHAPTER X Regulating Certain Businesses 4-33 REPEALED by Ordinance 3-38 REPEALED by Ordinance 12-39 REPEALED by Ordinance 21-42 AMENDED by Ordinance Ordinance No. 31-52 An Ordinance Regulating Service Stations and Re- quiring a Permit for the Operation Thereof; Regulating Tank Vehicles Carrying Flammable Liquids within the City of Dubuque; and Provid- ing a Penalty for the Violation Hereof. Be it Ordained by the City Council of the City of Dubuque: Section 1. This Ordinance shall apply to all service stations and tank vehicles handling flam- mable liquids as hereinafter defined, within the City of Dubuque, Iowa, except that it shall not ap- ply to transportation when in conformity with Inter- state Commerce Commission regulations or regu- lations lawfully on file with and approved by the Interstate Commerce Commission. DEFINITIONS Section 2. For the purposes of this Ordinance the following words and terms shall have the mean- ings ascribed to such words in this section: 2.01 - "Service Station" shall mean that portion of a property where flammable liquids used as motor fuels are stored and dispensed from fixed equipment into fuel tanks of motor vehicles or floating craft. 2.02 - "Bulk Plant" shall mean that portion of a property where flammable liquids are received by tank vessel, pipe lines, tank car, or tank vehicle and are stored or blended in bulk for the purpose of distributing such liquids by tank vehicle, pipe line, tank car, tank vehicle or container. 2.03 - "Chief" shall mean the Chief of the Fire Department and shall include any officer, member or inspector deputized for the purposes of this Or- dinance by the Chief. 2.04 - "Closed container" shall mean a con- tainer so sealed by means of a lid or other device that neither liquid nor vapor will escape from it at ordinary temperatures. 2.05 - "Flammable liquid" shall mean any liquid having a flash point below 200 ° F and having a va- por pressure not exceeding 40 pounds per square inch (absolute). Flammable liquids shall be divided into three classes as follows: Class I shall include those having flash points at or below 20 ° F; 24 Class II shall include those having flash points above 20 ° F, but at or below 70 ° F; Class III shall include those having flash points above 70 ° F. 2.06 - "Safety can" shall mean an approved con- tainer of not over five gallons capacity having a spring closing lid and spout cover. 2.07 - "Person" as used herein shall include any person, firm, corporation, partnership or as- sociation. 2.08 - "Tank truck" shall mean any single self- propelled motor vehicle equipped with a cargo tank mounted thereon, and used for the transportation of flammable liquids. 2.09 - "Tank Full Trailer" shall mean any ve- hicle, without motive power, equipped with a cargo tank mounted thereon or built as an integral part thereof and used for the transportation of flamma- ble liquids, and so constructed that, when drawn by a truck or tractor, no part of its weight rests upon the towing vehicle. 2.10 - "Tank Semi -trailer" shall mean any ve- hicle, without motive power, equipped with a cargo tank mounted thereon or built as an integral part thereof, and used for the transportation of flamma- ble liquids, and so constructed that, when drawn by a tractor by means of a fifth wheel connection, some part of its load and weight rests upon the towing vehicle. 2.11 - "Tank vehicle" shall mean any tank truck, tank full trailer, or tank semi -trailer. 2.12 - "Cargo tank" shall mean any container having a liquid capacity in excess of 200 gallons, used for the carrying of flammable liquids, and mounted permanently or otherwise upon a tank vehicle. The term "cargo tank" does not apply to any container used solely for the purpose of sup- plying fuel for the propulsion of the tank vehicle upon which it is mounted. SERVICE STATIONS Section 3. No person shall engage in the opera- tion of any service station within the City of Dubuque without first obtaining a permit therefor in compliance with the provisions of this Ordinance. Section 4. Applicants for a service station per- mit shall file with the City Manager an application showing: (a) The name and address of the applicant; (b) The location of the service station; (c) The name and address of the owner of the premises on which the service station is located; (d) The name and address of the operator of the service station; (e) The amount of Class I flammable liquid storage provided in such service station. Section 5. If, after an investigation by the Chief, the City Manager shall be reasonably satisfied that the premises are constructed and will be operated in conformity with good safety standards, he shall issue a permit to the applicant for the operation of a service station, which permit shall be in full force and effect until the first day of July following the issuance thereof. Compliance with the require- ments of NFPA Bulletin No. 30-L (1951 Ed.), three copies of which shall be kept on file in the office of .the City Manager for public inspection, shall be prima facie evidence of good safety standards. Section 6. Any person aggrieved by the refusal of the City Manager to issue the permit hereinabove provided for may appeal to the City Council within ten days after receipt of notice of such refusal by filing written notice of 'such appeal with the City Clerk. Upon hearing such appeal the City Council may affirm, modify, or revoke the action of the City Manager. Section 7. Service stations shall not be located at a bulk plant unless separated by a fence or similar barrier from the area in which bulk opera- tions are conducted. Section 8. All pumps and lighting apparatus of any service station shall be of a type approved by the National Board of Underwriters or other na- tionally recognized fire prevention agency for such installation. Section 9. All service stations shall be equipped with at least one fifteen pound dry powder or CO2 fire extinguisher, in operating condition, which shall be kept in a location readily available at all times. Section 10. There shall be no smoking on the driveway of service stations in areas used for fuel- ing motor vehicles, dispensing flammable anti- freeze or the receipt of products by tank truck, or in those .portions of the building used for servicing automobiles, tractors or internal combustion en- gines. Conspicuous signs prohibiting smoking shall be posted within sight of the customer being served. Letters on such signs shall be not less than 4 inches high. The motors of all vehicles be- ing fueled shall be shut off during the fueling oper- ation. Section 11. Whenever it shall appear to the Chief that any permit holder has violated any of the provisions of this Ordinance, or is creating a haz- ardous condition through the improper handling of flammable liquids, he may mail a written notice to the owner and operator, as shown on the applica- tion, pointing out the condition complained of and directing that the same be remedied. In the event the condition complained of is not remedied within five (5) days from the date of mailing such notice, the City Manager may revoke the permit and no new permit shall thereafter issue until the condi- tion complained of has been corrected. Section 12. In the event any permit holder shall be aggrieved by the decision of the City Manager to revoke his permit under the provisions of the foregoing section, he may appeal to the City Coun- cil within ten (10) days after receipt of such notice of such revocationby filing written notice of such appeal with the City Clerk. Upon hearing such ap- peal the City Council may affirm, modify or revoke the action of the City Manager. TANK VEHICLES Section 13. Tank vehicles shall not be operated unless they are in proper repair, devoid of accumu- lations of grease, oil or other flammables and free of leaks. Section 14. The driver, operator or attendant of any tank vehicle shall not leave the vehicle while it is being filled or discharged. Delivery hose, when attached to a tank vehicle, shall be considered to be a part of the tank vehicle. Section 15. Motors of tank vehicles shall be shut down while unloading Class I flammable liquid and all unloading of Class I flammable liquid into service station underground tanks from tank ve- hicles shall be by gravity flow and not by pumping. Section 16. Any tank vehicle discharging Class I flammable liquid into storage tanks shall employ a sealed filler connection which provides constant electric conducting contact between the filler pipe and the tank vehicle. Section 17. In every cargo tank or compartment of any tank vehicle sufficient space shall be left vacant to prevent leakage or distortion by expan- sion of the contents due to rise in temperatures in transit. No cargo tank or compartment shall be loaded to a volume in excess of 99 1/4% of its capacity. Section 18. No tank vehicle which has, or within the twenty-four hours immediately preceding has had, a cargo of Class I flammable liquids, shall be left standing unattended on any street, alley, high- way, or other public property, nor on any parking lot held open to the public as a place for parking vehicles, except that such vehicles, when properly parked on any marked highway in the City, may be left standing unattended for a period not exceeding thirty (30) minutes. Section 19. It shall be unlawful for any person to unload any Class I flammable liquid from any tank vehicle between the hours of 10 P.M. and 6 A.M. in any local business district or residence district as established by the Zoning Ordinance of the City of Dubuque. Section 20. No tank vehicle shall discharge or unload, or transfer Class I flammable liquid while any portion thereof is standing on any street, alley or public highway, except in the case of emer- gency, In the event an emergency requires the discharge or unloading of Class I flammable liquid from any tank vehicle on a public street or highway the Chief shall be notified and such operation shall not be commenced until such necessary safeguards as he shall require have been established. Section 21. No tank vehicle having a capacity in excess of 2,000 gallons shall be used to deliver Class I flammable liquid to any service station un- less the available storage capacity of such station for Class I flammable liquid is equal to or greater than the total cargo of such tank vehicle. Section 22. No service station shall conduct its regular business operations while a tank vehicle is discharging Class I flammable liquid on the prem- ises if such tank vehicle is located in a position that will interfere with the unrestricted flow of the normal business traffic of the station. Section 23. Wherever the literal enforcement of the provisions of either Section 15, 16, or 20 of this 25 Ordinance will, in the opinion of the City Manager, work an unnecessary hardship, he may permit such variation from the terms of that section as will not be contrary to the public interest, but under such terms and conditions that the spirit of the Ordi- nance will be preserved and substantial justice done. Section 24. Any person who shall be found guilty of violating any of the provisions of this Or- dinance shall be punished by a fine not exceeding one hundred dollars ($100) or by imprisonment not exceeding thirty (30) days. Section 25. The City Council hereby declares that should any section, paragraph, sentence, or word of this Ordinance be declared, for any rea- son, to be invalid, it is,the intent of said Council that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any such portion as may be declared invalid, and the declaring of such portion invalid shall not affect the validity of the remaining portions of this Ordinance. Section 26. This Ordinance shall be in full force and effect ninety (90) days from and after its final adoption and publication as provided by law. Adopted 8/4/52 Published 8/11/52 Ordinance No. 52-55 An Ordinance Providing License Fees for certain Businesses and Vocations Conducted in the City of Dubuque; Requiring the Securing of a License therefor: Defining the terms; Repealing Ordi- nance No. 4.33; and Prescribing the Penalty for Violation hereof. Be it Ordained by the City Council of the City of Dubuque: Section 1. From and after the effective date of this Ordinance it shall be unlawful for any person, firm or corporation to engage in any business or vocation hereinafter named, without first procuring a license therefor and paying the license fee or fees as prescribed herein for such business or vocation. Section 2. It is not intended by this Ordinance to repeal, abrogate, annul or in any way impair or in- terfere with existing provisions of other laws or ordinances, excepting those specifically repealed by this Ordinance. Where this Ordinance imposes a greater restriction upon persons, premises or personal property than is imposed or required by such existing provisions of law, ordinances, con- tract or deed, the provisions of this Ordinance shall control. Section 3. DEFINITIONS. For the purposes of this Ordinance the following definitions shall apply: (a) Billposters and distributors shall mean all persons engaged in the business of posting bills or the business of distributing handbills, samples or advertisements of any kind, except by mail. (b) Billiard and Pool halls shall mean any busi- ness in which pool tables or billiard tables are operated for profit whether as a principal part of the business, or conducted in connection with some other business, except non-profit corporations and fraternal associations operating pool and billiard tables primarily for their own members. 26 (c) Bowling Alley as used herein shall mean any business which, as its principal business or in connection with some other business, operates bowling alleys, box ball alleys, duck pin alleys, or similar devices for profit, excepting charitable corporations, or fraternal associations operating such devices primarily for their own members. (d) Open Air Show, as used herein shall mean any traveling show exhibition or amusement con- ducted for profit in the open air, or in any tent, or other temporary structure. (e) Christmas Tree Merchants shall mean any business engaged in the sale of Christmas Trees at a temporary location. ( f) Where used herein, the term Public Dance Hall, shall mean any room, space or place where public dances are conducted and shall include any room, hall or auditorium in a building owned by clubs or lodges. Section 4. The license fees for the following businesses and vocations are hereby established in the following amounts: (a) Billposter and Distributor license - $25.00 per year; (b) Billiard and pool hall license - $5.00 for each pool or billiard table, per year; (c) Bowling Alley license - $5.00 per year for each bowling alley, or similar device; (d) The license fee for an Open Air Show shall be $75 for the first day and $25 for each succeeding day; provided that where the Council shall find that the profits from said show are devoted to civic, charitable, patriotic or other public purposes it may remit the fee in whole or in part. (e) The license fee for the sale of Christmas trees by temporary merchants is hereby fixed at $10 for the season; (f) The license fee for any hotel, rooming or lodging house, for transients, containing less than 30 rooms is fixed at $5 per year; More than 29 but less than 50 rooms, $7.50 per year; More than 49 but less than 70 rooms, $12.50 per year; More than 69 but less than 100 rooms, $20.00 per year; More than 99 but less than 200 rooms, $37.50 per year; and More than 199 rooms, $75.00 per year; (g) The license fee for any lunch wagon is hereby fixed at $50.00 per year; (h) The license fee for any public Dance Hall having 2500 square feet of clear floor space, or less, is hereby fixed at $15.00 per year; the license fee for a public Dance Hall having more than2500 square feet of clear floor space is hereby fixed at $25.00 per year. In addition to the fore- going license fee a charge of $5.00 for any public Dance shall be exacted to cover the expense of proper police supervision. (i) The license fee for shooting galleries is hereby fixed at $2.00 per day; $5.00 per week; or $10.00 per month; ( j) The license fee for a theater, motion picture theater, opera house, or other building or hall used for public entertainments, having a seating capacity of 250 or less, is hereby fixed at $25.00 per year; Those having a seating capacity of more than 250, but less than 400, $50.00 per year; Those having a seating capacity of more than 399, but less than 800, $75.00 per year; Those having a seating capacity of 800 or more, $100.00 per year. Section 5. The City Council may, upon proper application and showing, exempt any disabled vet- eran, or crippled, disabled or indigent person, from all or part of the provisions of this Ordinance. Section 6. Any person, firm or corporation who violates any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $100.00, or in default of such fine shall be im- prisoned for a period of not to exceed 30 days. Section 7. Ordinance No. 4-33 is hereby re- pealed. Section 8. Billiard and Pool Halls shall not be operated between the hours of twelve o'clock mid- night and six (6) o'clock A.M. except for heating and cleaning the same. There shall be no obstruc- tions placed in the windows so as to prevent a clear view of the interior from the street. Such a business shall be conducted in a single room with- out any connection with or to any other room except toilet rooms and or a basement which is used for storage and heating purposes, or some other legit- imate business or trade. Where such business is conducted in connection with some other business in the same room, all of the provisions hereof shall apply and the one business shall not be sep- arated from the other business by screens, curtains or partitions, except with the consent of and under the restrictions imposed by the City Council. Adopted 9/6/55 Published 9/13/55 Ordinance No. 53-55 An Ordinance Regulating and Licensing Auctions, and Auctioneers; Fixing License Fees; and Providing a penalty for violation. Be it Ordained by the City Council of the City of Dubuque: Section 1. It shall be unlawful for any person, firm or corporation to conduct an auction or engage in the business of auctioneer within the City of Dubuque without first procuring a license and per- mit therefor and paying the fees as hereinafter prescribed. Section 2. Auctioneer shall mean any person, firm or corporation who engages in the business of selling or offering for sale real or personal property at public auction. Section 3. Any person desiring to hold an auc- tion sale within the City of Dubuque shall first make application to the City Manager for a permit therefor. Said application shall set forth the name of the applicant, the name of the auctioneer, the location of the auction sale, the name of the clerk of the sale, and an inventory of the merchandise proposed to be sold. The inventory herein re- quired shall show the quantity and description of each item, including the manufacturer's number, if any, and shall separately list each itern brought upon the premises for sale within 60 days prior to the application. Section 4. The inventory required by the fore- going section shall be prepared in triplicate and signed by the applicant. One copy thereof shall be attached to the application, one copy shall be fur- nished to the auctioneer and one copy shall be posted in a conspicious place on the premises where the auction is held. Section 5. Upon determination that the applica- tion is in order, the payment of the permit fee of $5.00 and the payment of a clerk's license fee of $5.00 the City Manager shall issue a permit for the sale applied for and a clerk's license for such sale. Section 6. Only the items of merchandise listed on the inventory shall be sold or offered for sale at such auction and, as each item is sold, the clerk of the sale shall strike it from the inventory posted on the premises. Section 7. Notice. If the owner intends to offer a bid at a public auction, or to have someone bid for him, he shall give a written or oral notice of such fact at the opening of each auction period, and in the absence of such notice, he shall not submit a bid, nor shall he employ or induce any person to bid for him, nor shall the auctioneer employ or induce any person to bid at such sale for the owner, nor shall he knowingly take any bid from the owner or any person employed by him. In addition to the penalties herein described, any such sale may be treated as fraudulent by the buyer. Section 8. Misrepresentation. No article or piece of merchandise sold or offered for sale shall be misrepresented as to quantity, quality or price value. Section 9. Premises. The premises where an auction sale is being held shall be well lighted and illuminated at all times during said sale. Section 10. The permit for any auction sale shall expire 30 days from the date of its issuance and any auction conducted thereunder shall be con- cluded within said period unless a new permit is applied for, the fees paid and permit issued. Section 11. Any individual desiring to act as an auctioneer at any auction for which a permit is re- quired under this ordinance, shall first make appli- cation to the City Manager, on forms provided by him, for a license and pay the following license fee: To act as auctioneer at auction sales of real estate, livestock or household goods, sold at the domicile of the owner, $25.00 per year or $5.00 per day. To act as auctioneer at all types of auction sales $100.00 per year. Section 5 of Ordinance 3-33 shall not apply. Section 12. The provisions of this ordinance shall not apply to judicial sales. Sales by public officers. or sales by Executors, Administrators or Guardians. Section 13. Any person, firm or corporation who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon convic- tion thereof shall be punished by a fine not 27 exceeding $100.00 or by imprisonment not exceed- ing 30 days, or by both such fine and imprisonment. Adopted 9/6/55 Published 9/13/55 Ordinance No, 54-55 An Ordinance Regulating and Licensing Peddlers and Transient Merchants, Prescribing the License fees, and Providing a Penalty for the Violation hereof. Be it Ordained by the City Council of the City of Dubuque: Section 1. It shall be unlawful for any person, firm or corporation to engage in the business of transient merchant or peddler, as hereinafter de- fined, within the corporate limits of the City of Dubuque, without first obtaining a license therefor and paying the license fee as hereinafter provided. Section 2. DEFINITIONS: (a) The word "person" as used herein shall in- clude the singular and plural and shall also mean and include any person, firm or corporation, asso- ciation, club, co -partnership or society, or any other organization. (b) A "peddler" is defined as any individual, whether a resident of this City or not, traveling by foot, motor vehicle or other type of conveyance, from place to place, from house to house, or from street to street, offering and exposing goods, wares, products, merchandise or services for sale, or taking or soliciting orders for goods, wares, products, merchandise or services for future delivery, whether he collects advance pay- ments for such sales, or not; provided, that such definition shall not include any individual who calls upon or solicits business establishments, profes- sional offices or institutions, exclusively, or per- sons who call on prospective customers by ap- pointment only. (c) The term "transient merchant" shall mean any person, whether a resident of this city or not, who engages in the business of selling goods, wares, merchandise, or services from any fixed or temporary location, which is temporarily maintained, within the City of Dubuque, or when such a business is, intermittently carried on and there is no intention to conduct the sameperma- nently within the City, and in addition to the fore- going, the term shall apply to any person who temporarily locates in the City and engages in the taking of orders for merchandise or services on his or its own account, whether for immediate or future delivery. Section 3. Application for a license under this Ordinance shall be filed in duplicate with the City Manager, on a form to be furnished by him, which shall be signed by the applicant and give the fol- lowing information: (a) Type of license applied for; (b) Name of applicant; (c) Address, both legal and local; (d) A brief description of the nature of the business and the goods to be sold or services performed and, in the case of products of the farm or orchard, whether produced or grown by the applicant; (e) If employed, the name and address of the employer, together with credentials establishing the exact relationship; (f) The length of time for which the right to do business is desired; (g) The names of two reliable property owners of the City of Dubuque, who will certify as to the applicant's good repute and business responsibility, or in lieu thereof, the applicant's fingerprints and any other information that may be required by the City Manager to properly investigate such reputa- tion and business responsibility. (h) A list of all places of residence of the appli- cant for the five years immediately preceding the application. At the time of filing the application a fee of $5 shall be paid to the City Manager to cover the cost of investigating the facts stated therein. Section 4. Upon receipt of the application the City Manager shall cause an investigation of the applicant to be made and if, as a result of such in- vestigation, the reputation and business responsi- bility of the applicant are found to be good he shall, upon the payment of the proper fee, issue a license. Section 5. Whenever a merchant claims to be permanently located in this city, and the nature of his business is such as to cause some doubt as to such representation, the City Manager may request the City Solicitor to enter into an agreement or ar- rangement with such merchant whereby the interest of the City and its inhabitants will be protected, which agreement and arrangement shall be re- ported to the City Council for its approval. Section 6. (a) The license fee for peddlers is hereby fixed at $10 per day, $25 per week, $50 per month or $300 per year; (b) The license fee for transient merchants is hereby fixed at $10 per day, $25 per week, $50 per month, or $300 per year; (c) None of the license fees provided for by this ordinance shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the Manager for an adjustment of the fee so that it shall not be discriminatory, unreasonable, or unfair as to such commerce. Such application may be made before, at, or within six months after payment of the pre- scribed license fee. The applicant shall, by af- fidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other informa- tion as the City Manager may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The City Manager shall then conduct an investigation, comparing ap- plicant's business with other businesses of like nature and shall make findings of fact from which he shall determine whether the fee fixed by this ordinance is unfair, unreasonable or discrimina- tory as to applicant's business and shall fix as the license fee for the applicant, an amount that is fair, reasonable and nondiscriminatory, or if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed, In fixing the fee to be charged, the City Manager shall have the power to base the fee upon a percentage of gross sales, or any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as prescribed by Section 6 of this Ordinance. Should the City Manager determine the Gross sales meas- ure of the fee to be the fair basis, he may require the applicant to submit, either at the time of ter- mination of applicant's business in the City, or at the end of each three month period, a sworn state- ment of the gross sales and pay of the amount of fee therefor, provided that no additional fee during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual license as prescribed in Section 6 of this ordinance. Section 7. The license granted hereunder shall be personal to the applicant only and shall not be loaned or transferred. Section 8. In the event any license issued here- under shall become lost or mislaid, the Licensee shall report such fact to the Chief of Police im- mediately. Section 9. Peddlers or transient merchants are hereby required to exhibit their licenses at the re- quest of any citizen. Section 10. Sections 2 to 6 inclusive hereof shall not apply to holders of milk or bakery ped- dlers licenses. Section 11. Persons selling milk or milk prod- ucts or fruit juices exclusively from house to house in the City of Dubuque shall first obtain a milk peddlers license and pay an annual license fee of $5.00. Section 12. Persons selling bakery goods ex- clusively from house to house in the City of Dubuque shall first obtain a bakery peddlers license and pay an annual fee of $75,00, Section 13. Peddling shall not be conducted upon the public streets from temporary stands or vehicles to which people are attracted by talking, singing, music, unusual noises or entertainment or by the use of flares or lights. Section 14. Food commodities sold along and upon the street, including ice cream, shall at all times be subject to inspection by the Health Of- ficer or his deputy and this inspection shall apply to the quantity, weights, measure and sanitation of the article offered for sale. Unwholesome rotten or decayed foods shall not be sold or offered for sale and it shall be the duty of the Health officer or his deputy to condemn such foods wherever found. Section 15. Vehicles upon which such foods are carried the containers in which the same are handled and the food products shall be clean and sanitary, protected against filth, dust, flies, or other contaminating substances by proper cover or screens. In the absence of an agreement in writing whenever any of the articles or commodi- ties are sold upon the streets by the bushel or fractional part thereof the measure thereof shall be ascertained by avoirdupois weight, computed as by law provided, The license shall be attached to the vehicle from which such products are sold. Section 16. Disabled soldiers or sailors who have been honorably discharged from the United States Service or crippled disabled or indigent per- sons may be exempted from the provisions of this ordinance providing they file an application with the City Council setting forth the grounds on which they request exemption. Section 17. Any person violating any of the provisions of this Ordinance shall, upon conviction thereof, be punished by a fine not to exceed One Hundred Dollars ($100) or by imprisonment not to exceed thirty (30) days or by both such fine or im- prisonment. Adopted 9/6/55 Published 9/13/55 Ordinance No. 55-55 An Ordinance Regulating and Licensing Junk Dealers, Junk Collectors, Auto Salvage Dealers and Pawnbrokers; Prescribing License Fees; Regulating Pawnbrokers; and providing a Pen- alty for the Violation hereof and repealing Or- dinances 3-38 and 12-39. Be it Ordained by the City Council of the City of Dubuque: Section 1. For the purpose of this Ordinance the following definitions shall apply: (a) The term "Pawnbroker" shall mean any per- son, firm or corporation who makes loans or ad- vancements upon pawn, pledge or deposit of per- sonal property, or who received actual possession of personal property as security for a loan, with or without a mortgage or bill of sale. (b) The term "junk dealer" shall mean any per- son, firm or corporation who buys, sells, or collects junk, automobile parts or tires, of every kind and description, either as his or its main business or as incidental to some other business. (c) The term "junk" shall mean scrap metals or machinery, rags, paper, bottles, tinware, furniture, used plumbing and electrical materials and fixtures, used automobiles, automobile parts or tires, plati- num, gold or silver, or any other article or thing usually bought, sold, or dealt with as junk. (d) The term "junk collector" shall mean any person who travels about the City from house to house or place to place, collecting or buying junk. (e) The term "auto salvage dealer" shall mean any person, firm or corporation who engages in the business of buying automobiles, or automobile parts, or tires, for resale in whole or in part as junk or as used parts. Section 2. No person, firm or corporation shall engage in the business of junk dealer, junk collec- tor, auto salvage dealer or pawnbroker without first obtaining a license therefore and paying the license fee as herein prescribed. Section 3. The license fee for junk dealers shall be $50.00 per year; The license fee for junk collectors shall be $50.00 per year; The license fee for auto salvage dealers shall be $50.00 per year; The license fee for pawnbrokers shall be $100.00 per year. 29 28 Section 4. From and after the effective date of this Ordinance every pawnbroker and junk dealer shall keep a record in the English language, and in a book kept for that purpose in which shall be intelligently and accurately entered the time of purchasing or receiving each article of personal property purchased or received, and the following data: (1) The name of the person from whom the article of property was purchased or received, and his place of residence, showing street and number where possible; (2) A detailed and accurate description of each article purchased or received; (3) A statement giving the nature of the transac- tion and whether the article or property was re- ceived in purchase or as security. (4) The weight or quantity of each article pur- chased or received; (5) The amount paid for or loaned on each article of property purchased or received; (6) The date and hour of each transaction and if said article of property was received as security the expiration date of the period of redemption thereof; (7) The time when and the person to whom such article of property was disposed of, if sold, or the time when, and the name of the person who re- deemed the same, if said property was taken as security. Such record or book shall be open to public inspection by any sheriff, chief of police, con- stable or police officer. Failure to keep such record book, or making false entries therein, or refusal to produce the same when requested by the persons entitled to inspect the same, shall sub- ject the offender to the penalty hereinafter provided. Section 5. No pawnbroker or junk dealer and no clerk, agent or employee of any pawnbroker or junk dealer shall purchase or receive from any minor, under the age of 18 years any junk, used or second- hand furniture, fixtures, goods, wares or merchan- dise, or any property of any kind or character whatsoever; no pawnbroker or junk dealer and no clerk, agent or employee of any pawnbroker or junk dealer shall purchase or receive any property of any kind or character whatsoever from any minor over the age of 18 years, without first ob- taining and receiving the written consent to the pur- chase or receipt of said property, signed and exe- cuted by the parent or guardian of said minor, which said consent shall describe the property being received or purchased, and consent to the sale thereof by said minor, and such consent shall be retained and preserved, and shall be exhibited when requested to by any sheriff chief of police, constable or police officer, or the parent or guardi- an of said minor. Section 6. Every pawnbroker or junk dealer conducting their business in the City of Dubuque who shall purchase or receive from any person any tool or implement such as is commonly used by carpenters, bricklayers, plasterers, plumbers or other mechanics in the construction or erection of buildings shall within 24 hours after the purchase or receipt of such tool or implement, give notice to the Chief of Police Captain of Police or Police 30 Sergeant at the Police Station in said City, stating the date on which said tool or implement was pur- chased or received and the name of the person from whom same was purchased or received and the pawnbroker, or junk dealer so purchasing or receiving such tool,or implement shall not sell or dispose of the same for a period of 48 hours after the notice above specified is given, and until the ex- piration of such time shall keep said tool or imple- ment in his store, shop or place of business in such place that the same can be readily seen and exam- ine d. Section 7. From and after the effective date of this Ordinance no junk shall be stored or automo- bile salvage operation carried on within 20 feet of any property line of 100 feet of any street line, within the City of Dubuque, unless the premises upon which such junk is stored or automobile sal- vage work is performed is completely enclosed by a solid metal fence not less than 8 feet in height. Section 8. Any person, firm or corporation who violates any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not to exceed One Hundred Dollars ($100) or imprisoned not to ex- ceed thirty (30) days in jail. Section 9. That Ordinance No. 3-38 and No. 12-39, be and the same are hereby repealed. Adopted 9/6/55 Published 9/13/55 Ordinance No. 57-55 An Ordinance Providing for the Licensing and Regulating of Fortune Tellers, Clairvoyants, and the like, Establishing a License fee and Providing a penalty for the violation )aereof. Be it Ordained by the City Council of the City of Dubuque: Section 1. From and after the adoption of this Ordinance it shall be unlawful for any person, firm or corporation to engage in the practice of telling fortunes, palmistry, clairvoyance, phrenology or similar art, without first obtaining a license there- for and paying the license fee hereinafter pre- scribed. Section 2. Application for a license under this ordinance shall be filed in duplicate with the City Manager, on a form to be furnished by him, which shall be signed by the applicant and give the follow- ing information: (a) Type of license applied for. (b) Name of applicant. (c) Address, both legal and local. (d) The length of time the right to do business is desired. (e) The applicants fingerprints and a physicians certificate that the applicant is free from communi- cable diseases. (f) A statement of good moral character signed by the Chief of Police of each place the applicant practiced previously. Section 3. The license fee for the practice of fortune telling, palmistry, phrenology, clairvoyance, or similar profession or art is hereby fixed at $5.00 per day, $25.00 per week or $50.00 per month. Section 4. Any person who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $100 or im- prisoned not more than 30 days or both. Adopted 9/6/55 Published 9/13/55 Ordinance No. 59-55 An Ordinance Amending Ordinances No. 21-42 by Requiring Licenses for the operation of Roller - Skating Rinks and Providing a Fee therefor. Be it Ordained by the City Council of the City of Dubuque: Section 1. That Ordinance No. 21-42 be and the same is hereby amended by adding a new Section 4A thereto as follows: "4A - No person shall engage in the business of operating a roller-skating rink without first obtain- ing a license therefore and paying the license fee in the amount of $100.00 per year." Adopted 9/6/55 Published 9/ 13/ 55 31 CHAPTER XI Beer Ordinance ORDINANCE NO. 9-35, SECTION 15, RE-ENACTED by Ordinance No. 43-53 SECTION 17A RE-ENACTED by Ordinance No. 26-55 Ordinance No. 43-53 An Ordinance Amending Ordinance No. 9-35 by Repealing Section 15 thereof relating to Fees and Enacting a Substitute therefor. Be it Ordained by the City Council of the City of Dubuque, Iowa: Section 1. That Section 15 of Ordinance No. 9-35 relating to fees be and the same is hereby repealed and the following enacted in lieu thereof: "Section 15. That from and after the 1st day of July, 1953, the following permit fees shall be exacted and paid in advance for Class "B" and Class "C" permits: (A) For a Class "C" permit, Twenty-five Dollars ($25); (B) For a Class "B" tavern permit Two Hundred Dollars ($200); (C) For a Class "B" club permit Three Hun- dred Dollars ($300); (D) For a Class "B" golf or country club per- mit Fifty Dollars ($50) for each six months' period; 32 (E) For a Class "B" hotel permit when the hotel has two hundred fifty guest rooms or more, Two Hundred Fifty Dollars ($250); (F) For a Class "B" hotel permit when the hotel has more than one hundred and less than two hundred fifty guest rooms, One Hundred Fifty Dollars ($150); (G) For a Class "B" hotel permit when the hotel has one hundred guest rooms or less, One Hundred Dollars WOO)." Adopted 6/ 23 / 53 Published 6/29/53 Ordinance No. 26-55 An Ordinance Amending Ordinance No. 9-35 by Repealing Section 17A thereof and enacting a substitute therefor. Be it Ordained by the City Council of the City of Dubuque, Iowa: Section 1. That Section 17A of Ordinance No. 9-35 be and the same is hereby repealed and the following enacted as a substitute therefor: "Section 17A. The location of the building shall be within Zoning District Classified as Local Business District B or lower Zoning Classi- fic ation." Adopted 4/ 25/ 55 Published 4/29/55 CHAPTER XII Nuisances ORDINANCE NO. 25-39 REPEALED by Ordinance No. 59-51 Ordinance No. 59-51 An Ordinance Providing for the Cutting or Des- troying of All Weeds, Vines, Brush or Other Growth Which Constitute a Health, Safety or Fire Hazard; Repealing Ordinance No. 25-39; and Providing a Penalty for a Violation Hereof. Be it Ordained by the City Council of the City of Dubuque, Iowa: Section 1. It shall be the duty of the owner of any lot or parcel of land within the limits of the City of Dubuque to maintain the same free and clear of any dense growth of weeds, vines, brush or other vegetation that may constitute a health, safety or fire hazard and any such growth is hereby declared a public nuisance. Section 2. Whenever the City Manager shall de- termine that the nature or quantity of weeds, vines, brush or other growth on any lot or parcel of land in the City of Dubuque is such as to constitute a health, safety or fire hazard, he shall mail a written notice to the owner of said lot or parcel of land, or his agent or attorney, notifying the owner of said property to cut or destroy such weeds, vines or other growth and thereafter it shall be the duty of such owner to cut or destroy such weeds, vines or other growth within a reasonable time and in such a manner as to remove such hazard. Section 3. In the event the owner of such lot or parcel of land shall fail to remove such hazard with- in ten (10) days after the mailing of such notice, it shall be the duty of the City Manager to cause said weeds, vines or other growth to be cut and destroyed and to certify the actual cost thereof to the City Clerk who, in turn, shall certify such cost to the County Auditor and it shall then constitute a lien against said property and be collected with and in the same manner as general property taxes on said property, all in accordance with the provisions of Chapter. 151 of the Laws of the 54th General Assem- bly of Iowa. Section 4. Ordinance No.25-39 entitled "An Ordi- nance prohibiting weeds and noxious growths upon lots and parcels of land in the City of Dubuque, pro- viding for the destruction of the same and punishing the violation thereof" is hereby repealed. Section 5. Any person, firm or corporation who shall violate any of the provisions of this Ordinance shall be guilty of a misdemeanor and upon convic- tion thereof shall be fined not to exceed One Hun- dred Dollars ($100). Adopted December 3, 1951. Published December 10, 1951. 33 CHAPTER XIII Offenses Against Public Morals No New Ordinances 34 CHAPTER XIV Public Safety Ordinance No. 5-52 An Ordinance Prohibiting Sleighriding on the Pub- lic Streets of the City of Dubuque, Except in Coasting Areas; Providing for the Establish- ment of Such Areas; and Providing a Penalty for a Violation Hereof. Be it Enacted by the City Council of the City of Dubuque as follows: Section 1. That the City Manager is hereby au- thorized and instructed to designate portions of not more than fifteen (15) streets within the City of Dubuque as "coasting areas" during the months of November, December, January, February and March of each year. Such coasting areas shall be located on streets suitable for coasting where the same will not cause undue interference with vehic- ular traffic and when so designated the same shall be marked with suitable signs, warnings and barri- cades. Section 2. When a portion of any street has been designated a "coasting area" and signs have been erected giving notice thereof, drivers of motor ve- hicles approaching the same shall come to a full stop before entering such area and shall proceed to traverse the same cautiously, having due regard for the safety of persons using such area for coasting. Section 3. From and after the effective date of this Ordinance, it shall be unlawful for any person or persons to use any of the public streets of the City of Dubuque, for sleighing, sleighriding, coast- ing, tobaggoning, bob -sledding or skiing, except in properly designated coasting areas. Section 4. Any person violating any of the terms of this Ordinance shall be guilty of a misdemeanor and upon arrest and conviction thereof, shall be punished by a fine of not more than one hundred dollars ($100) or in default thereof, by imprison- ment for not more than thirty (30) days. Passed 4/2/52 Published 4/ 12/ 52 Ordinance No. 36-55 An Ordinance Prohibiting Smoking and Carrying of Lighted Objects in specified places in the City; Requiring Enforcement by Persons having control of the premises; authorizing the Fire Chief to prohibit smoking where necessary to public safety; and prescribing penalties for violation hereof. Be it Ordained by the City Council of the City of Dubuque, Iowa: Section 1. No person shall smoke or carry a lighted cigar, cigarette, pipe or match, or use any spark, flame or fire producing device not espe- cially authorized for use in such places by the Fire Chief, inany of the following places: (a) Retail stores. Retail stores designed and arranged to accomodate more than 100 persons, or in which more than 10 persons are employed. This prohibition shall not apply to smoking in rest rooms, restaurants, executive offices, or beauty parlors in retail stores, when specifically approved by the Fire Chief by written order to the person having control of the premises upon a find- ing that such use therein is not dangerous to life or property. (b) Elevators. Elevators, regardless of capac- ity, in any public place. (c) Public lodging houses. In beds in hotels, dormatories and rooming and lodging houses. A printed notice advising the occupant ofthe effect of this section shall be posted in a conspicuous place in every room in the building. (d) Public theaters. During a performance in public theaters, motion picture houses, auditori- ums, gymnasiums, and the like, including the dressing rooms, except that the prohibition of this section shall not apply to smoking rooms and areas and rest rooms when specifically approved by the Fire Chief by written order to the person having control of the premises, upon a finding that such use therein is not dangerous to life or property. The prohibition of this section shall not be construed to prohibit smoking by performers on the stage as part of any theatrical production. Section 2. It shall be unlawful for any person or his agent, having control of any premises or place to knowingly permit a violation of this ordi- nance. Section 3. The Fire Chief shall have the author- ity to order "Smoking prohibited by Law" signs erected in any place of public assemblage where, in his opinion, smoking or the carrying of a lighted cigar, cigarette, pipe or match, or any use of any spark, flame or fire producing device, not espe- cially authorized for use in such place would con- stitute a menace to life or property. Section 4. Every person, or his agent, having control of the premises upon which smoking or the carrying of lighted objects is prohibited by, or under the authority of, this ordinance, shall con- spicuously display upon the premises signs read- ing "Smoking prohibited by Law" in such number and in such location and of such size as the Fire Chief may find reasonable and necessary. Section 5. No person shall smoke in any prop- erly placarded place, nor shall any person re- move any placard required to be erected by or under the authority of this ordinance. Section 6. Any person, firm or corporation who shall violate any of the provisions of this Ordinance shall be guilty of a misdemeanor and upon convic- tion thereof shall be fined not to exceed one hun- dred dollars ($100). Adopted 6/ 27/ 55 Published 7/1/55 35 ORDINANCE No. 22-52 ORDINANCE No. 56-51 ORDINANCE No. 66-51 ORDINANCE No. 50-51 ORDINANCE No. 49-51 ORDINANCE No. 57-53 ORDINANCE No. 68-53 ORDINANCE No. 32-54 ORDINANCE No. 51-54 ORDINANCE No. 35-55 CHAPTER XV Public Service Companies NO. 12-38 REPEALED by Ordinance NO. 8-41 REPEALED by Ordinance NO. 44-46 AMENDED by Ordinance NO. 10-49 REPEALED by Ordinance NO. 42-50 REPEALED by Ordinance NO. 49-51 REPEALED by Ordinance NO. 22-52 REPEALED by Ordinance NO. 50-51 REPEALED by Ordinance NO. 32-54 REPEALED by Ordinance NO. 51-54 REPEALED by Ordinance ORDINANCE NO. 44-46 REPEALED by Ordinance No. 56-55. Ordinance No. 39-51 An Ordinance Prohibiting the Blocking of Railroad Crossings and Providing a Penalty Therefor. Be it Ordained by the City Council of the City of Dubuque, Iowa: Section 1. No railroad company, railroad engi- neer, train conductor, or other person having charge or control of any locomotive engine, car or train of cars, shall allow the same to remain standing on its tracks for a longer period than five (5) minutes in such a manner as to obstruct the free flow of vehicular and pedestrian traffic along any street intersecting the said tracks: Section 2. Any person who shall establish that a failure to comply with the terms of Section 1 hereof resulted from a mechanical failure or other unforeseeable circumstance beyond his con- trol shall not be deemed guilty of a violation of this Ordinance; Section 3. Any railroad company, or any offi- cer, agent or employee thereof, who shall violate any of the provisions of this Ordinance, or who shall do any act herein prohibited, shall be deemed guilty of a misdemeanor and upon conviction shall 36 be subject to a fine of not more than one hundred dollars ($100) for each offense. Section 4. This Ordinance shall be in full force and effect from and after its final passage, adoption and publication as by law provided. Adopted August 27, 1951 Published August 30, 1951 Ordinance No. 56-51 An Ordinance fixing and establishing rates to be charged for the furnishing of electricity for residential, commercial, street lighting, power and other uses and purposes within the City of Dubuque, Iowa; fixing and regulating the method of service thereof; prescribing a penalty for vio- lation thereof; repealing all ordinances and res- olutions in conflict herewith. Be it Ordained by the City Council of the City of Dubuque: RATES FIXED: Section 1. Commencing on and after 12:01 a.m. November 17, 1951, the rates to be charged for electricity for residential, commercial, street lighting, power and other uses and purposes by any person, firm or corporation supplying electrical energy within the City of Dubuque, except as herein otherwise provided, shall be fixed and determined as follows: SCHEDULE I RESIDENTIAL SERVICE AVAILABILITY: Available for 115/230 volt, single phase, alter- nating current service taken through one meter to an individual customer residing in a single occu- pancy residence or apartment for full domestic use, including small motors with individual rated capacities not in excess of five horsepower (5 H. P.), provided, however, that off-peak con- trolled service for water heating will be taken through a separate meter. This rate is not available to the public areas of apartment buildings, or for rooming houses where in excess of four (4) rooms are held for rental. RATE: First 16 Kwhrs or less used per month for $1.00. Next 34 Kwhrs used per month @ $ .041 per Kwhr, net. Next 50 Kwhrs used per month @ .032 per Kwhr, net. *Next 100 Kwhrs used per month @ .032 per Kwhr, net. Excess Kwhrs used per month @ .025. per Kwhr, net. *The fourth block of the rate to be increased 200 Kwhr for each whole KW of demand in excess of 7 KW. Minimum Monthly Charge: $1.00. PROMPT PAYMENT: Customers' monthly bills shall be computed at the net rate and there will be added to the total net bill a sum equal to ten percent (10%) thereof, which will be collected from the customers who fail to pay the net bill within ten (10 days) from and after the date of the bill. SCHEDULE II COMMERCIAL SERVICE AVAILABILITY: Available for 115/230 volt, single phase, alter- nating current service for lighting and other uses in commercial establishments, institutions, public areas of apartment buildings, including janitor's quarters when service to same is combined with service to public areas, and service when furnished through a single meter to two or more families re- siding in distinctive dwelling quarters in a single structure, and for rooming houses where in excess of four (4) rooms are held for rental. This rate is not available for the purchase of energy for resale, nor for breakdown or standby service. No motor with rated capacity in excess of two horsepower (2 H. P.), no single piece of cooking equipment with a rated capacity in excess of five kilowatts (5 KW) nor any apparatus that produces abnormal voltage fluctuations will be served under this schedule. RATE: For demands of less than six (6) Kilowatts: First 16 Kwhrs or less used per month for $1.00. Next 84 Kwhrs used per month @ $.044 per Kwhr, net. Next 400 Kwhrs used per month @ .033 per Kwhr, net. 'Next 500 Kwhrs used per month @ .027 per Kwhr, net. Excess Kwhrs used per month @ .02 per Kwhr, net. For Demand of six (6) Kilowatts and more: The number of kilowatthours in the fourth block (*) of the above rate will be increased by 200 Kwhrs for each whole kilowatt of demand in excess of five kilowatts (5KW). Minimum Monthly Charge: $1.00. POWER FACTOR: Neon lighting, fluorescent lamps and/or other gaseous tube lamps or appliances having a low power factor, shall be equipped with effective cor- rective devices to increase the power factor of such lamps, or appliances, to ninety percent (90%) lagging, with such tolerance as may be necessary to conform to existing manufacturer's equipment. PROMPT PAYMENT: Customers' monthly bills shall be computed at the net rate, and there shall be added to the total net bill a sum equal to ten percent (10%) thereof, which will be collected from customers who fail to pay the net bill within the (10) days from and after the date of the bill. SCHEDULE III WATER HEATING SERVICE AVAILABILITY: Available for 115/230 volt, single phase, alter- nating current service, for residences and com- mercial establishments for water heating with automatic storage type water heaters of standard make and design. The design and operating char- acteristics of all water heaters served under this schedule, as well as all necessary electrical con- nections for the protection of the circuit furnishing service to the water heater, must be acceptable to the person, firm or corporation supplying electri- cal energy. A suitable time switch will be supplied by the person, firm or corporation supplying electrical energy to control the periods when energy shall be supplied for heating. The hours of operation of off-peak service may be changed when deemed ad- visable, but under no condition shall they be less than twelve hours during any twenty-four hour period. Minimum storage capacity of each electric water heater shall be fifty (50) gallons, and no heating element shall have a capacity in excess of thirty (30) watts per gallon of tank capacity. If two heating elements are provided, one at the bottom and one at the top of the tank, and they are so in- terconnected that only one unit can be in operation at a time, then both units may be connected to the time -controlled water heating circuit to be served under this schedule. If one unit is so connected that it can be used other than during the controlled off-peak hour, then such unit shall be connected to the regular lighting circuit. RATE: Energy used during off-peak hours @ $ .0125 per Kwhr, net. Minimum Monthly Charge: $1.00. Energy used during periods other than off-peak, as hereinbefore specified, shall be billed with and at the same rate as other residential or commer- cial service. PROMPT PAYMENT: Customers' monthly bills shall be computed at the net rate and there shall be added to the total net bill a sum equal to ten percent (10%) thereof, which will be collected from customers who fail to pay the net bill within ten (10) days from and after the date of bill. SCHEDULE IV GENERAL POWER SERVICE AVAILABILITY: Available for alternating current service at 115/230 volts, single phase, or three phase at either 230 volts or 460 volts for all power pur- poses when the connected load exceeds two horse- power (2 H. P.). Three phase service need not be supplied to loads of five horsepower (5 H. P.) or less, except at the option of the person, firm or corporation supplying electrical energy. Lighting 37 service may be combined with power service under this rate provided service is rendered through one meter and at the same secondary voltage, and the Minimum Billing Demand is not less than twenty kilowatts (20 KW). This rate is not available for the purchase of energy for resale, nor for break- down or standby service. TERM OF CONTRACT: Service will be rendered under this schedule for a minimum period of one (1) year and shall con- tinue thereafter until cancelled by a thirty (30) day written notice by the customer. Conditions requiring unusual construction and expenditures for equipment to render service may require an agreement for a term in excess of one (1) year. RATE: First 10 •hours use per month of each KW of bill- ing demand @ $ _.05 per Kwhr.. net. Next 20 hours use per month of eac.i KW of bill- ing demand @ .041 per Kwhr, net. Next 30 hours use per month of each KW of bill- ing demand @ .031 per Kwhr, net. Next 2000 Kwhrs used per month @ .021 per Kwhr, net. All excess Kwhrs used per month @ .02 per Kwhr, net. MINIMUM BILLING DEMAND: Five (5) kilowatts except when combined light and power service is rendered when minimum bill- ing demand is twenty (20) kilowatts. MINIMUM MONTHLY CHARGE: $1.00 per month per horsepower, or equivalent, of connected load for the first five horsepower (5 H. P.) and $.50 per month per horsepower, or equivalent thereof, for the next forty-five horse- power (45 H. P.) and $.25 per horsepower for all over fifty horsepower (50 H. P.) or equivalent of the total connected load in horsepower. Major fractions of a horsepower shall be considered as one whole horsepower of connected load. $1.00 per month will be added to the minimum monthly charge as stated above if lighting service is combined with power service under this rate. DETERMINATION•OF BILLING DEMAND: The billing demand shall be determined by the greatest number of kilowatts registered during any thirty (30) minute interval as indicated by an inte- grating demand meter, or by using the maximum demand as recorded by a thermal type demand meter, furnished, installed and maintained by the person, firm or corporation supplying such elec- trical energy, provided, however that when the customer's load includes hoists, elevators, weld- ing machines, and/or other apparatus where the use of electricity is intermittent or subject to vio- lent fluctuations to the extent that the indicated or recorded demand for a fifteen (15) minute interval exceeds the maximum recorded or indicated de- mand during a thirty (30) minute interval by an amount in excess of fifty per cent (50%), then the customer's billing demand shall be determined by using the average of the three (3) highest fifteen (15) minute intervals indicated or recorded during the month. 38 The billing demand for loads of less than twenty- five horsepower (25 H. P.) in lieu of measured de- mands may be calculated in kilowatts, by multiply- ing the total rated connected load in horsepower (or H. P. equivalent) by sixty per cent (60%). Any major fraction of a kilowatt of demand so deter- mined shall be considered one whole kilowatt of ad- ditional demand. POWER FACTOR: If the power factor of any customer's load is found by test to be below eighty per cent (80%) lag- ging under normal operating conditions, and upon written notification thereof, the customer fails to correct the power factor within sixty (60) days, the person, firm or corporation supplying electricity will then increase the demand used for billing pur- poses by the ratio of 0.80 to the power factor as determined by test. Neon lighting, fluorescent lamps and/or other gaseous tube lamps, having a low power factor, shall be equipped with effective corrective devices to increase the power factor of such lamps to nine- ty per cent (90%) lagging, with such tolerance as may be necessary to conform to existing manufac- turer's equipment. PROMPT PAYMENT: Customer's monthly bills shall be computed at the net rate and there will be added to the total net bill a sum equal to ten per cent (10%) thereof, which will be collected from customers who fail to pay the net bill within ten (10) days of date of bill. SCHEDULE V DIRECT CURRENT SERVICE AVAILABILITY: Available only to customers who are presently served with direct current on premises where direct current is now available for power purposes. No additional customers will be served, and no ex- tensions to existing installations will be permitted. RATE: First 500 Kwhrs used per month @ $ .07 per Kwhr net. Next 500 Kwhrs used per month@ .055 per Kwhr, net. Next 1000 Kwhrs used per month @ .045 per Kwhr, net. All in excess of 2000 Kwhrs used per month $ .035 per Kwhr, net. MINIMUM MONTHLY CHARGE: $1.00 per horsepower for the. first five horse- power (5 H. P.) and $ .50 per horsepower for the next forty-five horsepower (45 H.P.) and $ .25 per horsepower for all over fifty horsepower (50 H.P.) of the total connected load in horsepower (or H.P. equivalent), a major fraction of a horsepower shall be considered as one whole horsepower of additional connected load. PROMPT PAYMENT: Customers' monthly bills shall be computed at the net rate and there shall be added to the total net bill ten per cent (10%) thereof, which amount shall be collected from customers who fail to pay the net bill within ten (10) days from date of bill. SCHEDULE VI LARGE INDUSTRIAL POWER SERVICE AVAILABILITY: Available for alternating current service to in- dustrial and commercial customers whose month- ly demand exceeds fifty kilowatts (50 KW), or who agree to pay the demand charge for fifty kilowatts (50 KW), for lighting and power purposes, when all service is measured through one meter and taken from one service connection. Service will be rendered at standard primary voltages of 2300 volts, or higher as may be available, or at secondary voltages of 460 volts or 230 volts. Transformers for rendering these standard volt- ages will be supplied by the person, firm or cor- poration supplying such electrical energy, provid- ed, however, that only one secondary voltage will be supplied to customers whose maximum demand is less than one hundred kilowatts (100 KW). Ad- ditional transformers not located at the point of delivery, and special voltage transformers for lighting or other purposes shall be supplied and maintained by the customer. This rate is not avail- able for the purchase of energy for resale, nor for breakdown or standby service. TERM OF CONTRACT: Service will be rendered under this schedule for a minimum period of one (1) year and shall continue thereafter until cancelled by a sixty (60) day written notice by the customer. Conditions requiring unusual construction and expenditures for equipment to render service may require an agreement for a term in excess of one (1) year. RATE: DEMAND CHARGE First 50 KW of billing demand @ $1.50 per month. Next 150 KW of billing demand @ 1.25 per month. Excess KW of billing demand @ 1.00 per month. ENERGY CHARGE First 5,000 Kwhrs used per month @ $ .015 per Kwhr. Next 10,000 Kwhrs used per month @.012 per Kwhr. Next 15,000 Kwhrs used per month @ .01 per Kwhr. Next 120,000 Kwhrs used per month @ .0085 per Kwhr. Excess Kwhrs used per month @ .0075 per Kwhr. PREMIUM RATE FOR HIGH LOAD FACTOR: When customer's billing demand exceeds 1000 KW, all energy used in excess of 365 hours' use of billing demand will be billed at $ .006 per Kwhr. EQUIPMENT SUPPLIED BY CUSTOMER: When customer furnishes and maintp.ins all transformers and/or other apparatus rcessary for the customer to take service at primary volt- age, the charges computed under the above rate will be reduced by an amount equal to five per cent (5%) thereof. METERING: Metering shall be at either primary or second- ary voltage at the option of the person, firm or corporation supplying electrical energy. If it is elected to meter at the primary voltage, the bill- ing less any previous adjustment will be reduced by two and one-half (24 %) per cent to compensate for transformer losses. PROMPT PAYMENT DISCOUNT: A discount of two and one-half per cent (2Z%) of the billing less any adjustments heretofore made will be allowed if bill is paid within ten (10) days of date thereof. MAXIMUM DEMAND: The maximum demand in any month shall be determined by the greatest number of kilowatts (KW) recorded or indicated on a standard integra- ted demand meter in any thirty (30) minute inter- val during the month, or by using the maximum demand as recorded by a thermal type demand such meter to be provided, installed and maintained by the person, firm or corporation supplying such electrical energy, provided, however, that when the customer's load includes hoists, elevators, welding machines, and/or other appartus where the use of electricity is intermittent or subject to violent fluctuation to the extent that the indicated or recorded demand for a fifteen (15) minute in- terval exceeds the recorded or indicated demand for a thirty (30) minute interval by more than fifty per cent (50%), then the customer's billing demand shall be determined by using the average of the three highest fifteen (15) minute interval indicated or recorded demands during the month. BILLING DEMAND: The billing demand shall be the maximum de- mand except when the customer's average power factor, by actual measurement, is less than eighty per cent (80%) lagging, or more than ninety per cent (90%) lagging, in which case the billing de- mand shall be determined each month therefrom by increasing the measured maximum demand by one per cent (1%) for each one per cent (1%) that the average monthly power factor is found to be below eighty-five per cent (85%) lagging and de- creasing the maximum demand by one per cent (1%) for each one per cent (1%) that the average monthly power factor is found to be greater than eighty-five per cent (85%) lagging. The billing de- mand shall in no event be less than fifty kilowatts (50 KW). POWER FACTOR The average power factor of the customer's load shall be determined monthly from readings registered by the watthour meter and a reactive component meter which shall be furnished by the person, firm or corporation supplying the electric- ity. It shall be calculated by dividing the number of kilowatthours as registered by the square root of the sum of the square of the kilowatthours reg- istered plus the square of the reactive kilovolt ampere hours registered. Reactive component meters will be ratcheted so only lagging reactive kilovolt ampere hours will be recorded. 39 MINIMUM MONTHLY CHARGE: The minimum monthly charge shall be the de- mand charge for fifty (50) kilowatts plus the en- ergy cnarg.es which may apply. FUEL ADJUSTMENT: The rates for electrical energy stated herein are based upon using coal or other boiler fuel to produce such energy and costing sixteen cents ($0.16) per million B.T.U. delivered in the bunkers of the Dubuque, Iowa plant of the person firm, or corporation supplying such electrical energy at Dubuque, Iowa. In the event that the average cost of boiler fuel delivered as aforesaid differs from the base price of sixteen cents ($0.16) per million B.T.U. by one cent ($0.01) or more per million B.T.U., then the net bill as computed shall be increased or de- creased, as the case may be, by an amount equal to the number of kilowatthours used at twenty-two hundredths mills ($.00022) per kilowatthour for each whole one cent ($0.01) by which the cost of one million B.T.U. of boiler fuel used during the preceding month exceeds or is less respectively than the base price of sixteen cents ($0.16) per million B.T.U. Before placing into effect the terms of this pro vision, the firm, person or corporation supplying electrical energy at Dubuque shall first disclose to the City Manager of the City of Dubuque suffi- cient data to warrant such action. SCHEDULE VII CITY OF DUBUQUE WATER SERVICE AVAILABILITY: Available to the Water Department of the City of Dubuque for three phase, alternating current service of 2300 volts or 6900 volts for water pumping, when such pumping is restricted to off- peak periods as defined herein. RATE: $ .009 per Kwhr, net. OFF-PEAK PERIODS: The off-peak period, as prescribed under this schedule, is defined to be the hours between 8:00 p.m. and 8:00 a.m. the following day, and the hours between 12:00 noon and 2:00 p.m. daily through the year and between 4:00 p.m. and 6:00 p.m. daily during the period from April 15 to September 15, inclusive, or in case of emergency, or when at any time, the life or property of the citizens of Dubuque may be in danger. An emer- gency shall be held to exist (1) whenever the water in the Eagle Point Reservoir is indanger of over- flowing, (2) whenever, to maintain proper pres - sures for fire protection, it is necessary to pump water from the lower level storage to the high service elevated tanks and standpipes. FUEL ADJUSTMENT: The rate for electrical energy stated herein is based upon using coal or other boiler fuel to pro- duce such energy and costing sixteen cents ($0.16) per million B.T.U. delivered in the bunkers of the Dubuque, Iowa, plant of the person, firm or cor- poration supplying such electrical energy at Dubuque, Iowa. 40 In the event that the average cost of boiler fuel delivered as aforesaid differs from the base price of sixteen cents ($0.16) per million B.T.U. by one cent ($0.01) or more per million B.T.U., then there shall be" added to or deducted from the rate herein - before provided per kilowatt hour, twenty-two hun- dredths mills ($.00022) for each whole one cent ($0.01) by which the cost of one million B.T.U. of boiler fuel used during the preceding month ex- ceeds, .or is less respectively, than the base price of sixteen cents ($0.16) per million B.T.U. Before placing into effect the terms of this provision, the firm, person, or corporation sup- plying electrical energy at Dubuque shall first disclose to the City Manager of the City of Dubuque sufficient data to warrant such action, SCHEDULE VIII STREET AND BOULEVARD LIGHTING "SERVICE AVAILABILITY: Available to the municipality of the City of Dubuque and to the Board of Park Commissioners of the City of Dubuque for lighting, streets, alley ways, and park areas, and for traffic control and police call signals. RATE: (a) Overhead System: The rates to be charged for each overhead street light owned, operated, maintained and sup- plied with electrical energy by the person, firm or corporation supplying electrical energy within the City of Dubuque, including the replacement of all glassware and renewal of lamps. shall be: Size of Lamp - Lumens 1000 2500 4000 Per Year Hours of Rate per Burning Year 4000 $20.40 4000 26.40 4000 31.20 (b) Ornamental Street Lighting: The rates to be charged for each lighting stand- ard by the person, firm or corporation supplying electrical energy within the City of Dubuque for the operation of such lighting standard of the orna- mental street lighting system owned by the City of Dubuque and/or the Park Board of the City of Dubuque, including the electric energy for the op- eration thereof and all expenses and/or charges incident to the operation of said system, including the cost of replacement of any and all glassware and renewal of lamps, except where the breakage of such glassware and/or lamps is due to traffic damage, but not including the maintenance of cables and lighting standards which shall be maintained by the owners thereof, shall be: Standard Size of Lamp - Lumens 1 - Lamp @ 600 1 - Lamp @ 1000 1 - Lamp@ 2500 1 - Lamp @ 6000 2 - Lamp @ 4000 Per Hours of Burning 4000 4000 4000 4000 4000 Year Rate per Year $10.20 11.40 16.80 29.40 45.S1 2 - Lamp @ 4000 4000 45.60 2 - Lamp @ 6000 4000 53.40 1 - Lamp @ 2500 2000 12.60 1 - Lamp @ 6000 2000 20.40 2 - Lamp @ 6000 2000 34.80 TRAFFIC CONTROL SIGNALS: The rates to be charged for electrical energy furnished for the operation of the traffic control signals owned, operated and maintained by the City of Dubuque, shall be: No. and Size of Lamps 4 - Light - 40 watts 3 - Light - 40 watts and arrow 4 - Light - 40 watts and no turn 8 - Light - 40 watts 9 - Light - 40 watts 12 - Light - 6 arrows Traffic flashing signals School flashing signals POLICE CALL SIGNALS Rate per Year $ 40.80 36.00 82.80 64.20 72.00 156.00 24.00 12.00 The rates to be charged for electrical energy furnished for the operation of the police call signal system owned by the City of Dubuque shall be $8.00 per year per call signal. PARK LIGHTS: The rates to be charged by the person, firm or corporation supplying electrical energy within the City of Dubuque for the operation of each park lighting standard of the park or street lighting system owned by the Dubuque Park Board, includ- ing all energy required for the operation thereof, and all expenses or charges incident to the opera- tion of said system, including the cost of the re- placement of any and all glassware and/or renewal of lamps, except where the breakage of such glassware or lamps is due to traffic damage, but not including the maintenance of cables and lighting standards which shall be maintained at the cost of the owners thereof, shall be: Standard Size of Lamp 1-Lamp @ 4000 Lumens 1-Lamp @ 2500 Lumens 1-Lamp @ 200 Watts Per Year Hours of Burning 4000 4000 4000 Rate per Year $ 22.80 16.80 19.08 PAYMENT: Bills shall be rendered monthly by the person, firm or corporation supplying such electrical en- ergy to the City of Dubuque, Iowa, at the rate of one -twelfth (1-12th) of the respective annual charge for each street light, ornamental standard, traffic control signal, and/or police call signal in service during the month for which the bill is rendered. SCHEDULE IX RULES AND REGULATIONS FOR AIR CONDITIONING AND AIR COOLING These rules and regulations will apply to loads of more than 2 H.P. for commercial air condition- ing and air cooling equipment but will not apply to equipment used for refrigeration of foods or other supplies. (Loads of 2 H.P. or less, single phase, can be used on commercial lighting rates.) Service will be rendered under standard power service conditions on the commercial power rates in effect under a five year contract. CONDITIONS OF SERVICE: The conditions stated herein will not apply to air conditioning loads where a customer has any motor for other purposes larger than 2 H.P. be- cause the person, firm, or corporation supplying electrical energy will not install separate power metering for the air conditioning load where the customer has other power load of more than 2 H.P. Where other small power loads of 2 H.P. or less are now connected and taking service through the same meter as the air conditioning load, then the customer may take advantage of these rules and regulations by changing, at his own expense, such wiring as may be necessary to take the service for the motors of 2 H.P. or less through the commercial lighting meter. MINIMUM MONTHLY CHARGES: The standard monthly minimum bill of the pow- er rate in effect will apply to this service from the date of connection of the service to the date of disconnection without prorating of the minimum monthly bill for fractional parts of the month either at the time service is ordered connected or discon- nected. The minimum monthly bill will not be charged during the period that service is discon- nected. SERVICE DISCONNECTION CHARGE: In order for the customer to secure permission for the minimum monthly bill to be eliminated, he must order the service disconnected in writing and the customer will then be given a final billing for the amount of energy used including the proper monthly minimum bill and will make a payment of a disconnection charge of $2.00 plus an amount of $1.00 per H.P. of connected load, in lieu of payment of minimum monthly bills during the period when service is disconnected. CONNECTION CHARGE: At the time service is ordered connected, the customer will pay a $2.00 connection charge to pay the person, firm or corporation supplying elec- trical energy for its cost in connecting service. Service may be disconnected by any method deter- mined as feasible, but, if it is desirable to leave the meter installed, then service may be disconnect- ed by sealing the switch open with the customer understanding that the seal is only to be broken and the switch closed by a representative of the person, firm or corporation supplying electrical energy. GENERAL PROVISIONS: Service may be rendered at either single phase or three phase in accordance with the general prac- tice of rendering three phase service. Where it is necessary for the person, firm or corporation supplying electrical energy to make any special in- vestment to render the service for air conditioning load, then the regulations of the person, firm or corporation supplying electrical energy in regard to setting up a monthly service charge will apply based upon an allowable investment of $125.00 (the same as is used for residential and small commer- cial lighting service) for loads up to 5 H.P. plus $25.00 per H.P. in excess of 5 H.P. If the cost to serve is greater than the allowable amount, then 41 the annual service charge will be an amount of $6.00 for each major fraction of $50.00 in excess of the allowable expenditure and such annual serv- ice charge will be payable at the time connection for the season is ordered. CHANGE IN SERVICE CLASSIFICATION: Section 2. Any customer taking service under one or more of the various classifications of serv- ice may elect to change to any other classification that may be available to him, provided, however, that the person, firm or corporation supplying elec- trical energy in the City of Dubuque need not change any customer's classification more than once in any (12) month period. METER SERVICE: Section 3. No person, firm or corporation supplying electrical energy in the City of Dubuque shall install any meter or meters upon a customer's premises for the purpose of measuring electrical energy to be supplied to said customer unless and until such meter has been compared with a stand- ard meter and adjusted so that the error in regis- tration at full load is not more than plus or minus two per cent (2%) of accuracy within a period of six (6) months preceding date of installation upon said customer's premises. Any meter installed upon a customer's premises shall bear a label clearly indicating the date that said meter was tested and recalibrated. All meters in service in the City of Dubuque shall be systematically tested and/or compared with a standard meter and adjusted to register within plus or minus two per cent PA) of accu- racy, and no meter shall be kept in service which has not been recalibrated within eight (8) years. The person, firm or corporation supplying electrical energy in the City of Dubuque shall keep on file a record of the test of each meter, installed upon or retained in service upon a customer's premises after test, which record shall be avail- able for inspection by officials of the City of Dubuque. Such record as filed shall indicate the name of the manufacturer of said meter, its serial number, type, capacity, number assigned to it by its owner, the name and address of the customer where said meter was in service prior to said test, the date of said test and date of last previous test, together with the percentage of error above or be- low accuracy, as disclosed by said test. Meters shall be adjusted to register within plus or minus two per cent (2%) of accuracy at full load. PENALTY: Section 4. Any person, firm or corporation who shall charge or exact other or different rates or charges for any type of service, the rates for which service are herein fixed and determined, or who shall violate any of the provisions hereof, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed $100.00, or imprisoned not to exceed thirty (30) days in jail. REPEAL CLAUSE: Section 5. Ordinance No. 8-41 and all amend- ments thereto are hereby repealed. 42 PUBLICATION: Section 6. This ordinance shall be in effect from and after its final passage, adoption, and ap- proval by the Council of the City of Dubuque and publication provided by law. Passed, adopted and approved upon final read- ing this 13th day of November, 1951. Published November 16, 1951. Ordinance No. 57-53 An Ordinance Establishing and Fixing Rates to be Charged for Furnishing Bus Transportation on Busses Operated by the Interstate Power Com- pany in the City of Dubuque; Repealing Ordi- nance No. 49-51; and Providing a Penalty for Violation. Be it Ordained by the City Council of the City of Dubuque, Iowa: Section 1. That Ordinance No. 49-51 be and the same is hereby repealed; Section 2. The fare to be charged by the Inter- state Power Company on all busses operating in the City of Dubuque under its franchise known as Ordinance No. 16-46, is hereby fixed as follows: a. The charge for a single cash fare shall be fifteen cents; b. The charge for 7 full fare tokens shall be One Dollar; c. In accordance with and subject to the pro- visions of •Section 5 of said franchise, children in arms shall be carried free of charge, the cash fare for children under 12 years of age shall be eight cents and half -fare tokens shall be sold at the rate of 14 of such tokens for One Dollar; d. When requested, transfers shall be issued upon the payment of all fares without additional charge; Section 3. That any person, firm or corpor- ation who shall violate any of the terms of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed one hundred dollars or imprisoned not to exceed thirty days in lieu of such fine; Adopted 7/17/53 Published 7/21/53 Ordinance No. 68-53 An Ordinance Designating Bus Routes in the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque: Section 1. That Ordinance No. 22-52, entitled "An Ordinance Designating Bus Routes in the City of Dubuque" is hereby repealed; Section 2. That the routes to be traversed by the motor bus transportation system shall be as follows: (A) Main Street Route: Point of Beginning: Jones and Main Street. North on Main Street to Second Street, west on Second Street to Locust Street, north on Locust Street to Eighth Avenue, east on Eighth Avenue to Iowa Street, north on Iowa Street to Twelfth Street, east on Twelfth Street to Central Avenue, north on Central Avenue to Twenty-fourth Street, east on Twenty-fourth Street to Jackson Street, north on Jackson Street to Milwaukee Avenue, west on Milwaukee Avenue to Central Avenue, south on Central Avenue to Fifteenth Street, west on Fif- teenth Street to Main Street, south on Main Street to point of beginning. (B) Point Route: Point of Beginning: Sixth and Main Street. West on Sixth Street to Locust Street, north on Locust Street to Eighth Street, east on Eighth Street to Iowa Street, north on Iowa Street to Twelfth Street, east on Twelfth Street to Elm Street, north on Elm Street to Rhomberg Avenue, east on Rhomberg Avenue to Lincoln Avenue, west on Lincoln Avenue to Summer Street, south on Summer Street to Rhomberg Avenue, west on Rhomberg Avenue to Elm Street, south on Elm Street to Twelfth Street, west on Twelfth Street to Main Street, south on Main Street to Sixth and Main, or point of beginning. (C) West Dubuque Route: Point of Beginning: Eighth and Central Avenue. West on Eighth Avenue to Hill Street, south on Hill Street to West Third Street, east on West Third Street to James Street, south on James Street to Langworthy Avenue, west on Langworthy Avenue to Alpine Street, north on Alpine Street to University Avenue, west on University Avenue to Delhi Street, west on Delhi Street and Univer- sity Avenue to Asbury Street, north on Asbury Street to St. Ambrose Street, north on St. Ambrose Street to Seminary Street, east on Seminary Street and West Locust Street to West Seventeenth Street, east on West Seventeenth Street to Main Street, south on Main Street to Tenth Street, east on Tenth Street to Central Avenue, South on Central Avenue to point of beginning. (D) Seminary and Carter Road Route: Point of Beginning: Seventh and Iowa Streets. North on Iowa Street to West Fifteenth Street, west on West Fifteenth Street to Main Street, North on Main Street to Madison Street, north on Madison Street to Seminary Street, west on Sem- inary Street to Asbury Street, north on Asbury Road to Avalon Road, west on Avalon Road to Valley View Road, south on Valley View Road to Morningview Road, west on Morningview Road to Hillcrest Road, south on Hillcrest Road to Asbury Street, south on Asbury Street to University Ave- nue, east over University Avenue and Delhi Street to Alpine Street, south on Alpine Street to West Third Street, east on West Third Street to Hill Street, north on Hill Street to Eighth Avenue, east on Eighth Avenue to Central Avenue, south on Central Avenue to Seventh Street, west on Seventh Street to point of beginning. (E) Linwood and Mount Carmel Route: Point of Beginning: Twelfth and Main Street. South on Main Street to Railroad Avenue, west on Railroad Avenue to Southern Avenue, west on Southern Avenue to Grandview Avenue, south on Grandview Avenue to Mount Carmel Loop, north on Grandview Avenue to Bryant Street, north on Bryant Street to Rush Street, east on Rush Street to Mountain Lane, north on Mountain Lane to Cleveland Avenue, west on Cleveland Avenue to Bryant Street, north on Bryant Street to Dodge Street, east on Dodge Street to Bluff Street, north on Bluff Street to Second Street, east on Second Street to Locust Street, North on Locust Street to Eighth Street, east on Eighth Street to Iowa Street, north on Iowa Street to Twelfth Street, east on Twelfth Street to Jackson Street, north on Jackson Street to Twenty-second Street, east on Twenty-second Street to Windsor Avenue, north on Windsor Avenue to Davis Street, west on Davis Avenue to Sheridan Avenue, south on Sheridan Avenue to Edith Street, west on Edith Street to Burden Avenue, south on Burden Avenue to Wind- sor Avenue, south on Windsor Avenue to Twenty- second Street, west on Twenty-second Street to Central Avenue, south on Central Avenue to Twelfth Street, west on Twelfth Street to point of beginning. (F) Short Linwood Route: Point of Beginning: Davis Avenue and Windsor Avenue. West over Davis Avenue to Sheridan Avenue, South on Sheridan Avenue to Edith Street, west on Edith Street to Burden Avenue, south on Burden Avenue to Windsor Avenue, south on Wind- sor Avenue to Twenty-second Street, west on Twenty-second Street to Central Avenue, south on Central Avenue to Sixth Street, west on Sixth Street to Locust Street, north on Locust Street to Eighth Street, east on Eighth Street to Iowa Street, north on Iowa Street to Twelfth Street, east on Twelfth Street to Jackson Street, north on Jackson Street to Twenty-second Street, east on Twenty- second Street to Windsor Avenue to point of be- ginning. (G) Fremont Route: Point of Beginning: Eighth Avenue and Main Street. South on Main Street to Second Street, west on Second Street to Bluff Street, south on Bluff Street to Dodge Street, west on Dodge Street to Fremont Avenue, south on Fremont Avenue to Simpson Street, west on Simpson Street to Cross Street, north on Cross Street to Coates Street, east on Coates Street to Concord Street, north on Concord Street to Stetmore Street, north on Stetmore Street to Lombard Street, west on Lombard Street to Algona Street, north on Algona Street to Loras Boulevard, east on Loras Boule- vard to Alta Vista Street, south on Alta Vista Street to Rose Street, east on Rose Street to Race Street, south on Race Street to West Eleventh Street, east on West Eleventh Street to Prairie Street, north on Prairie Street to Loras Boulevard, east on Loras Boulevard to Main Street, to point of beginning. (H) Grandview Avenue Route: Point of Beginning: Eighth Avenue and Main Street. East on Eighth Avenue to Iowa Street, north on Iowa Street to Loras Boulevard, west on Loras Boulevard to Prairie Street, south on Prairie Street to West Eleventh Street, west on West Eleventh Street to Race Street, north on Race Street to Rose Street, west on Rose Street to Alta Vista Street, north on Alta Vista Street to Loras Boulevard, west on Loras Boulevard to Algona Street, south on Algona Street to Bennett 43 Street, east on Bennett Street to Grandview Ave- nue, south on Grandview Avenue to Southern Ave- nue, East on Southern Avenue to South Locust Street, north on South Locust Street to Jones Street, east on Jones Street to Main Street, north on Main to Second Street, west on Second Street to Locust Street, north on Locust Street to Eighth Avenue, east on Eighth Avenue to point of be- ginning. (I) Cleveland Tripper Route: Point of Beginning: Tenth and Main Street. South on Main Street to Railroad Avenue, west on Railroad Avenue to Southern Avenue, west on Southern Avenue to English Lane, north on English Lane to Mt. Loretta, east on Mt. Loretta Avenue to Esther Street, south on Esther Street to Tressa Street, east on Tressa Street to Mc Lenan Street, north on McLenan Street to Mt. Loretta Avenue, west on Mt. Loretta Avenue to Bryant Street, north on Bryant Street to Rush Street, east on Rush Street to Mountain Lane, north on Mountain Lane to Cleveland Avenue, west on Cleveland Avenue to Bryant Street, north on Bryant Street to Dodge Street, east on Dodge Street to Bluff Street, north on Bluff Street to Second Street, west on Second Street,to Locust Street, North on Locust Street to Eighth Avenue, east on Eighth Avenue to Iowa Street, north on Iowa Street to Tenth Street, to point of beginning. (J) East Dubuque Route: Point of Beginning: South side of Eighth Avenue near Main Street. East on Eighth Avenue to Cen- tral Avenue, south on Central Avenue to Third Street, west on Third Street to Iowa Street, south on Iowa Street to Second Street, west on Second Street to Locust Street, south on Locust Street to Julien Dubuque Bridge and across Julien Dubuque Bridge; upon returning on Julien Dubuque Bridge to Locust Street, then north on Locust Street to Eighth Avenue, east on Eighth Avenue to point of beginning. (K) Park Hill Tripper Route: Point of Beginning: Central Avenue and Twen- ty-second Street. North on Central Avenue to Diagonal Street, west on Diagonal Street to Broad- way, west and north on Broadway to Putnam Street, west on Putnam Street to Muscatine Street, north on Muscatine Street to Primrose Street, west on Primrose Street to Kane Street, south on Kane Street to Kaufmann Avenue, east on Kaufmann Avenue to point of beginning. (L) Deere Plant Route: Point of Beginning: Jones and Main Street. North on Main Street to Second,Street, west on Second Street to Locust Street, north on Locust Street to Eighth Avenue, east on Eighth Avenue to Iowa Street, north on Iowa Street to Twelfth Street, east on Twelfth Street to Central Avenue, north on Central Avenue to Twenty-fourth Street, east on Twenty-fourth Street to Jackson Street, north on Jackson Street to Milwaukee Avenue, west on Milwaukee Avenue to Central Avenue, north on Central Avenue to John Deere Plant, and on returning to City proceed south on Central Avenue to Fifteenth Street, west on Fifteenth Street to Main Street, south on Main Street to point of beginning. 44 Section 3. The foregoing routes are hereby determined to be reasonably necessary to ade- quately serve the needs of the traveling public of the City of Dubuque within the meaning and intent of Section 2 of Ordinance No. 16-46 and are sub- ject to modifications and change when the needs of the traveling public shall require. Section 4. This Ordinance shall be in full force and effect from and after its passage, adoption and publication as provided by law. Adopted 11/2/53 Published 11/6/53 Ordinance No. 58-54 COMMUNITY TELEVISION FRANCHISE An Ordinance granting to Dubuque -Jerrold Tele- vision Cable Corporation, an Iowa Corporation, its successors and assigns, the right to erect, maintain and operate transmission and distri- bution facilities and additions thereto, in, under, over, along, across and upon the streets, lanes, avenues, sidewalks, alleys, bridges, highways, and other public places in the City of Dubuque, and subsequent additions thereto, for the pur- pose of transmission by cable and distribution of television impulses and television energy for sale to the inhabitants of said City, and other purposes, for a period of ten years, and regu- lating the same; and providing terms and con- ditions of said Franchise. Be it Ordained by the City Council of the City of Dubuque, Iowa: Section 1. In consideration of the faithful per- formance and observance of the conditions and reservations hereinafter specified, the right is hereby granted to Dubuque -Jerrold Television Cable Corporation, a corporation organized under the laws of the State of Iowa, its successors and assigns, hereinafter referred to as the "Company" the right to erect, maintain, and operate television transmission and distribution facilities and addi- tions thereto in, under, over, along, across and upon the streets, lanes, avenues, sidewalks, alleys, bridges, and other public places in the City of Dubuque, and subsequent additions thereto, for the purpose of transmission and distribution of tele- vision impulses and television energy in accordance with the laws and regulations of the United States of America and the State of Iowa, and the Ordi- nances and regulations of the City of Dubuque, for a period of ten (10) years, following the fulfillment of Section 23 hereof. Section 2. Wherever used in this Ordinance the word "television" shall mean a system for simul- taneous transmission of audio signals and transient visual images by means of electrical impulses. Section 3. The poles used for the Company's distribution system shall be those erected and maintained by the Northwestern Bell Telephone Company, or the Interstate Power company, when and where practicable, providing mutually satis- factory rental agreements can be entered into with said Company. Section 4. The Company's transmission and distribution system, poles, wires and appurtenances, shall be located, erected and maintained so as not to endanger or interfere with the lives of persons, or to interfere with any improvements the City may deem proper to make, or to unnecessarily hinder or obstruct the free use of the streets, alleys, bridges or other public property. The City Council, under reasonable regulations, reserves the right to require the Company to place its conductors underground and to designate the districts in which such work shall be performed, and also to order the removal or relocation of poles, wires and other appurtenances erected by the Company whenever, in the judgment of the City Council, such action is necessary in the public in- terest, and the Company shall forthwith comply with any and all instructions and directives in such Matters at its own expense. Construction and maintenance of the transmis- sion distribution system, including house connec- tions, shall be in accordance with the provisions of the National Electrical Safety Code, prepared by the National Bureau of Standards, the National Elec trical Code of National Board of Fire Underwriters, and such applicable ordinances and regulations of the City of Dubuque affecting electrical installa- tions which may be presently in effect or may be enacted by the City Council of the City of Dubuque. Installation and house drop hardware shall be uniform throughout the City except that the Com- pany shall be free to change its hardware and in- stallation procedure as the art progresses, pro- vided such changes have been approved by the City Electrical Inspector. Section 5. In the maintenance and operation of its television transmission and distribution system in the streets, alleys and other public places, and in the course of any new construction or addition to its facilities, the Company shall proceed so as to cause the least possible inconvenience to the general public; any opening or obstruction in the streets or other public places, made by the Com- pany in the course of its operations, shall be guarded and protected at all times by the place- ment of adequate barriers, fences, or boardings, the bounds of which during periods of dusk and darkness shall be clearly designated by red warn- ing lights. Whenever the Company shall take up or disturb any pavement, sidewalk, or other improvement of any street, avenue, alley, or other public place, the same shall be replaced and the surface re- stored in as good condition as before entry within forty-eight (48) hours after completion of the Com- pany's work. Upon the failure of the Company to make such restoration within such time, or to be- gin such restoration within such time, or upon the Company's delay of more than twenty-four (24) hours in the continuation of a restoration begun, the City may serve upon the Company notice of the City's intent to cause the restoration to be made and, unless the Company within twenty-four (24) hours after receipt of such notice begins or re- sumes the restoration, the City may cause the proper restoration to be made, including the re- moval of excess dirt, and the expense of same shall be paid by the Company upon demand by the City. The Company shall at all times comply with any and all rules and regulations which the City has made or may make applying to the public gen- erally with reference to the removal or replace- ment of pavements and to excavations in streets and other public places, not inconsistent with their use for the purpose contemplated in this Ordinance. Section 6. The Company shall maintain its at- tachments on poles that the City now uses, or has been authorized, by other franchises now in force or hereafter enacted, to use, in such manner that it will not interfere with the use of such poles by the City. Section 7. In consideration of the rights granted in Section 1 hereof, the Company agrees and binds itself to extend its lines and to serve any and all applications for television service whose dwellings or places of business are located in the City of Dubuque and who in good faith have entered into or signified their willingness to enter into a contract for such television service, except that the Com- pany shall not be required to extend its line in order to serve any applicant if it requires the in- stallation of additional poles in order to do so. Section 8. The Company shall have the right to prescribe reasonable service rules and regulations for the conduct of its business not inconsistent with the provisions of this Ordinance and a copy of such service rules and regulations shall be kept on file at all times with the City Clerk. Section 9. All rates, and charges exacted by the Company shall be fair, reasonable and just. Section 10. The Company shall provide a mini- mum of five (5) channels available to its customers at any one time, provided satisfactory reception of a minimum of five channels is available in the area. Section 11. The Company shall maintain its service in accordance with such reasonable stand- ards regarding uniformity of transmission, input rms noise levels, and channel signal voltages as the City Council shall, from time to time establish. For the purpose of implementing the terms of this Section the Company shall provide, without charge, adequate test equipment to perform periodic tests to determine whether such standards are being complied with and shall cooperate with the City, or its official representatives in conducting such tests. The Company further agrees to pay such reason- able fees for such tests and for installation inspec- tions as the City Council may from time to time establish. Section 12. The Company's distribution system shall conform to the requirements of the Federal Communications Commission, particularly with respect to freedom from spurious radiation. Section 13. The antenna and receiving equip- ment shall be installed and maintained so as to give a reasonably noise free picture on each chan- nel. Section 14. The installation and maintenance of equipment shall be such that no objectionable inter - modulation distortion will occur. Section 15. Installation and maintenance of equipment shall be such that standard NTSC color signals shall be transmitted to any subscriber re- ceiver without objectionable picture degradation. 45 Section 16. The distribution system of the Company to be hereafter installed shall not be abandoned, either in whole or in part, without the consent of the City Council. In the event of the failure of the Company to render community television service to the City of Dubuque and the inhabitants thereof, as contemplated and provided for by this Ordinance, and particularly Section 7 hereof, within a period of one year from the effec- tive date of this Ordinance, the City Council shall have the right, on reasonable notice to the Company, to declare this Ordinance and the rights and fran- chise granted thereunder forfeited; provided, how- ever, failure to comply with the terms of Section 7 hereof by reason of causes beyond the reasonable control of the Company, which could not be antici- pated at the time of the acceptance of its terms by the Company, shall not be sufficient grounds to de -- Clare a forfeiture. Section 17. The Company shall indemnify and hold the City harmless, at all times during the term of this grant, from and against all claims for injury or damages to persons or property both real and personal caused by the construction, erection, operation or maintenance of any, structure, equip- ment, appliance, or products authorized or used pursuant to authority of this Ordinance. The Company shall carry insurance in such form and in such companies as shall be approved by the City Manager of the City of Dubuque to pro- tect the City and itself from and against any and all claims for injury or damages to persons or property, both real and personal, caused by the construction, erection, operation or maintenance of any structure, equipment, appliance or products authorized or used pursuant to authority of this Ordinance and the amount of such insurance against liability due to damage to property shall be not less than One Hundred Thousand Dollars (100,000), as to any one person, and Two Hundred Thousand Dollars ($200,000), as to any one accident and against liability due to injury or death of persons One Hundred Thousand Dollars ($100,000) as to any one person and Three Hundred Thousand Dollars ($300,000) as to any one accident. The Company, upon receipt of due notice in writing from the City, shall defend at its own ex- pense, any action or proceedings against the City of Dubuque in which it is claimed that the injury arose from the Company's activities in the opera- tion of its television system. Section 18. The Company shall grant to the City, free from expense, joint use of any and all poles owned by it for any proper municipal pur- pose acceptable to the Company insofar as may be done without interfering with the free use and en- joyment of the Company's own wires and fixtures, and the City shall hold the Company harmless from any and all actions, causes of action or dam- age caused by accruing directly or indirectly by, or through the placing of the City's wires or appur- tenances upon the poles of the Company. Proper regard shall be given to all existing safety rules governing construction and maintenance in effect at the time of construction. Section 19. Upon termination or forfeiture of this Franchise, in accordance with any of its terms, the Company shall, within a reasonable time, re- move its cables, wires and appliances from the 46 City streets, lanes, avenues, sidewalks, alleys, bridges, highways and other public places within the City and subsequent additions thereto. In the event of the failure of the Company to perform the obligation of the first sentence of this Section, the City shall have the right to make a written demand on the Company for such perform- ance and in the event of the failure of the Company to proceed to carry out the removal of such equip- ment within thirty (30) days from the date of such demand and to proceed with such removal expedi- tiously, the City shall have the right to remove the same and retain it as the City's property, without accounting therefor to the Company, and the ex- pense of such removal shall be charged to and paid by,the Company, without credit for the value, if any, of the equipment removed by the City. At the time this Franchise becomes effective the Company shall furnish a bond to the City in the amount of Fifty Thousand Dollars ($50,000) in such form and with such sureties as shall be acceptable to the City, guaranteeing the payment of all sums which may, at any time, become due from the Company to the City under the terms of this Franchise (ex- cept such sums as are covered by the insurance provided in Section 17 hereof) and also the repay- ment to the customers of the Company of the un- earned value of any deposits or connection charges exacted by the Company. Section 20. The Company, its stockholders, of- ficers or relatives of said stockholders and/or officers, dealers, its affiliates, or the Jerrold Electronics Corporation of Philadelphia, Pennsyl- vania, its stockholders, officers or relatives of said stockholders and/or officers, dealers, or its affiliates, shall not engage in the sale or servicing of television sets or parts thereof within the City during the term of this Franchise. Section 21. If the Company shall fail to comply with any of the provisions of this Franchise, or default in any of its obligations, except for causes beyond the reasonable control of the Company, as provided in Section 16 hereof, and shall fail within thirty (30) days after written notice from the City to correct such default or noncompliance, the City Council shall have the right to terminate this Fran- chise and all rights of the Company hereunder. Section 22. Should any Section, clause or pro- vision of this Ordinance be declared invalid by a Court of record same shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared invalid. Section 23. This Ordinance having been approved by the voters of the City of Dubuque at an election held October llth, 1954, shall take effect and be in force from and after its passage by.the City Coun- cil, the acceptance of its terms by the Company, or its assigns, in writing, and its publication in the Telegraph Herald, the official newspaper of the City of Dubuque. Adopted 10/ 4/ 54 Published 11/22/54 ORDINANCE NO. 35-55 An Ordinance fixing and establishing rates to be charged for the furnishing of gas for residential, commercial and firm industrial purposes within the City of Dubuque, Iowa; fixing and regulating the method of service thereof: repealing Ordi- nance No. 51-54, and all Ordinances and Reso- lutions in conflict herewith. Be it Ordained by the City Council of the City of Dubuque: Section 1. Definitions: (a) Industrial User: For the purposes of this ordinance an "industrial user" shall mean any con- sumer who uses gas heat in processing any article for sale. (b) General House Heating: For the purposes of this ordinance gas shall be consideredused for general house heating when gas is the principle source of heat energy for the premisesoccupied by the consumer. (c) Company: As used herein the word "Com- pany" shall mean any person, firm or corporation holding a franchise to operate a gas distribution system in the City of Dubuque. (d) B.T.U.: One B.T.U. is the heat required to raise one pound of water one degree Fahrenheit. Section 2. Rate Schedule. Commencing with all meter readings on and after July 1, 1955, the rates to be charged for gas for residential, com- mercial, and firm industrial purposes by any per- son, firm or corporation supplying gas within the City of Dubuque, except as herein otherwise pro- vided shall be fixed and determined as follows: SCHEDULE 1 GENERAL SERVICE AVAILABILITY: This rate is available for general service to all residential and commercial users of gas except those using gas for general house heating. RATE: First 1000 cu. ft. per meter per month per MCF Next 4000 cu. ft. per meter per month per MCF Next 45000 cu. ft. per meter per month per MCF Next 50000 cu. ft. per meter per month per MCF All in excess of 100,000 cu. ft. per meter per month per MCF Net $ Minimum monthly charge: $1.71. Net $3.00 Net $2.50 Net $ Net $ SCHEDULE 2 RESIDENTIAL AND COMMERCIAL HOUSE HEATING AND INDUSTRIAL SERVICE .85 .80 .75 AVAILABILITY: This rate is available to all residential and commercial users of gas for general house heat- ing regardless of other gas appliances. All gas to be supplied through one meter. This rate is also available to small industrial users requiring firm gas. RATE: First 500 cu. ft. per meter per month month Net $1.30 Next 1500 cu. ft. per meter per month per MCF Net $1.40 Next 3000 cu. ft. per meter per month per MCF Net $1.20 Next 45000 cu. ft. per meter per month per MCF Net $ .85 Next 50000 cu. ft. per meter per month per MCF Net $ .80 All in excess of 100,000 cu. ft. per meter per month per MCF Net $ .75 Minimum monthly charge: $1.71 per meter. REGULATIONS: Customers desiring general house heating service shall first ascertain from the person, firm or corporation supplying gas, if such service is available at the desired location and then shall in- stall only approved gas burning apparatus in com- pliance with the supplier's safety requirements, and applicable city ordinances. Section 3. Cost of Gas Adjustment. The rate schedules quoted herein are predicated upon natu- ral gas having a heat content of 1,000 B.T.U. per cubic foot delivered to the City Border Station, Dubuque, Iowa and costing on the basis of a 100% load factor, 30.98 per M.C.F. In the event the cost of natural gas is increased or decreased with the consent of or by the action of a duly constituted regulatory body resulting in a cost of purchased natural gas at the City Border Station in excess of, or less than 30.98 per M.C.F. based upon a 100% load factor, the charge per M.C.F. for gas supplied in each subsequent billing period beginning not earlier than the effective date of such increase or decrease, shall be increased or decreased accord- ingly, by the amount of which such unit of cost ex- ceeds or is less than 30.98 per M.C.F. multiplied by 1.1, as the case may be: provided, however, that if the amount of the increase or decrease, so computed per M.C.F. is not a multiple of 0.01c, it shall be computed to the nearest such multiple. Section 4. Tax Clause. To the total monthly bill as computed under any of the rate of schedules, the Company shall have the right to add all or part of the prorated increase in the cost of natural gas to the company in any month resulting from the addition of any excise tax levied on the natural gas as purchased or sold. The term "excise tax" where used above shall mean any occupational production, severance, gathering, transportation, pipeline footage, sales or other excise tax or tax of similar nature now or hereafter imposed by any lawful authority upon or in respect to the production, severance, transpor- tation, purchase or sale of the natural gas sold by the company. Any changes in rates under Sec. 3 or 4 shall be reported to the City Council on the basis therefor. Section 5. Meter Service. No person, firm or corporation supplying gas shall install any meter or meters upon a customer's premise for the pur- pose of measuring gas to be supplied to said cus- tomer unless and until such meter has been proper- ly calibrated and adjusted within a period of six (6) months preceding date of installation upon a cus- tomer's premise, so that the error in registration of rated meter capacity is within two percent (2%) of accuracy. 47 Any meter installed upon a customer's premise shall bear a label clearly indicating the date that said meter was tested and recalibrated. No meter shall be kept in service which has not been recalibrated within a ten year period. The person, firm, or corporation, supplying gas in the City of Dubuque shall keep on file a record of the test of each meter installed upon or retained in service upon the customer's premise after test, which record shall be available for in- spection by officials of The City of Dubuque. Such record as filed shall indicate the name of the man- ufacturer of said meter, its serial number, type capacity, number assigned to it by its owner, name and address of the customer where said meter was in service prior to said test, and the date of last previous test, together with the per tentage of error above or below accuracy, as dis- closed by said test. Meters shall be adjusted to register within plus or minus two percent (2%) of accuracy at full load. Section 6. B.T.U. Content of Gas. The average gross heating value of the gas supplied shall ap- proximate 1,000 B.T.U. per cu. ft. unless the gas supplied by the company's natural gas supplier shall contain a greater or less heating value. In the event the arithmetic average of hourly gross heating value delivered by the Company's natural gas supplier in any month shall be less than 975 B.T.U. or more than 1025 B.T.U. per cu. ft. then the volume of gas measured hereunder during such period shall be decreased or increased propor- tionately. Section 7. Measurement of Gas Used. The unit of measurement for gas sold will be the volume of gas in cubic feet at a temperature of 60 degrees Fahrenheit and at an absolute pressure of 4 oz. above atmospheric pressure assumed to be 14.40 psia. Section 8. Prompt Payment. Customer's monthly bills shall be computed at the net rate and there shall be added to all bills of $2.00 or less, a charge of 14 and to all bills in excess of $2.00, a charge equal to the number of cubic feet of gas consumed at 104 per 1000 cubic feet, which charges shall be collected from those customers who fail to pay their net bill within ten (10) days from and after date thereof. Section 9. Penalty. Any person, firm or cor- poration who shall charge or exact other or dif- ferent rates and charges for any type of services, the rates for which services are herein fixed and determined, or who shall violate any of the provis- ions hereof, shall be deemed guilty of a misde- meanor and upon conviction thereof, shall be fined not to exceed $100.00 or imprisoned not to exceed thirty (30) days in jail. Section 10. Repealing Prior Ordinances. Ordinance No. 51-54 adopted July 20, 1954, and all other Ordinances or parts of Ordinances in conflict herewithin are hereby repealed. Section 11. This Ordinance shall be in full force upon its passage, adoption and publication as provided by law. Adopted 6/ 6/ 55 Published 6/10/55 Ordinance No. 56-55 An Ordinance Providing for the Regulation of Taxicabs, Requiring a License Therefor, Pre- scribing the License Fee and Providing a Penalty for Violation Thereof and Repealing Ordinance 44-46. Be it Ordained by the City Council of the City of Dubuque, Iowa: Section 1. No person shall operate a taxicab in the City of Dubuque unless it is licensed, nor shall any such cab be operated by an unlicensed driver or chauffeur. Section 2. Taxicab License. Motor vehicles or taxicabs having a capacity of ten (10) or less per- sons shall pay a License of Twenty Dollars ($20) per year for each such vehicle. Section 3. The chauffeur or driver of any taxi- cab or motor bus shall wear upon his clothing the button or tag issued to him for which he shall pay the sum of One Dollar and Fifty Cents ($1.50) per year. Section 4. Motor Bus License. Except motor busses operating under a franchise, the License for operating a motor bus or other vehicle used for the transportation of persons for hire and having a capacity of ten (10) or more persons shall be Twenty-five Dollars ($25) per year for each such vehicle. Section 5. The following definitions shall apply: (a) Taxicabs shall mean any motor vehicle, (other than a motor bus traveling over fixed routes under a franchise) which is used for the transpor- tation of passengers for hire with or without a driver and where the capacity of such vehicle is limited to less than ten (10) persons. (b) Chauffeur shall mean any person who oper- ates an automobile in the transportation of persons and who receives any compensation for such serv- ices in wages, commissions or otherwise paid directly or indirectly or who, as owner or employ- ee, operates an automobile carrying passengers for hire. Section 6. The following rates and prices for the transportation of passengers by taxicabs are hereby fixed as the rates and prices to be charged for services rendered by the means above stated, to -wit: (a) For one passenger from one part of the City of Dubuque to any other part thereof, including such passenger's ordinary luggage, the sum of Sixty Cents (60); (b) For two or more passengers to and includ- ing five passengers from one part of the City to any other part thereof, including such passenger's ordinary luggage, the sum of Seventy-five Cents (75 ); (c) Where two or more passengers board a taxicab at the same place, from that place to any other parts of the City as designated by each pas- senger, the passenger alighting shall pay 60 and each other passenger shall pay 35 as he leaves the taxicab at his destination. These fares include the passengers' ordinary luggage; (d) Waiting time may be charged for on the fol- lowing terms: At the rate of Three Dollars ($3) per hour. No charge shall be made for waiting time under ten (10) minutes. Section 7. Every vehicle operating as a taxicab shall have exposed in a conspicuous place to clear view within the passenger's compartment a printed table large enough to be read by the passengers in the taxicab, of the fixed rates; and it shall be un- lawful to operate or permit to be operated any such vehicle unless said rates are posted as herein provided. Each time a taxicab is operated and permitted to be operated carrying a passenger or passengers without so posting the rates as afore- said shall constitute a separate offense. Section 8. It shall be unlawful for the operator of any taxicab to stop, park or drive about the streets and public places of Dubuque, and by word, sign or signal, solicit passengers for his vehicle; but nothing herein shall be construed to prevent the taking on of passengers anywhere within the City upon the request of any such persons. Section 9. As a condition to the granting of a license to taxicabs, the person, firm or corpora- tion seeking such license shall file in the office of the City clerk a Public Liability Insurance Poli- cy executed by a Surety Company authorized to do business in the State of Iowa, such policy to be approved by the City Manager. The minimum liability of such policy shall be as follows: (a) To cover the assured's liability for personal injury or death of one person, as a result of one accident or other cause, $5,000.00: for all per- sons receiving personal injuries as a result of one accident or other cause $15,000.00 such liability to include injury or death to passengers being carried upon such vehicles or persons injured or killed through the operation of such vehicles; and (c) for damage to or destruction of property other than that of the assured, as a result of any one accident or cause $5,000.00. Each policy shall contain the following endorse- ment: "It is understood and agreed that before the insurance policy to which this endorsement is at- tached may be suspended or cancelled the City of Dubuque will be given ten (10) days prior written notice of such proposed suspension or cancellation. It is further understood and agreed that the obliga- tion and policy of such policies shall not be affected. by any act or omission of the named assured or any employee of the named assured with respect to any condition or requirement attached thereto, nor by any default of the assured in payment of premium or in the giving of any notice required by said policy or otherwise, nor by the death, in- solvency, bankruptcy, legal incapacity or inabil- ity of the assured." Such policy shall be issued for a period cover- ing the life of the License applied for. Failure to keep such a policy in full force and effect shall be cause for revocation of the License. Section 10. The License Tag or Plate shall be fastened upon the vehicle and shall not be re- moved until the expiration of the Licensed period. Section 11. A license plate issued for one vehicle shall not be attached or affixed to any vehicle other than the one licensed. Section 12. The Chief of Police, with the ap- proval of the City Council, may set apart places upon the streets in the vicinity of depots, hotels or other places where taxicabs may stand and where passengers may be solicited but nothing herein shall permit such soliciting to be made away from the cab or so as to subject the sidewalks to the annoyance or interference of traffic. Oper- ating an unlicensed taxicab or permitting a licensed taxicab to be operated by an unlicensed driver or chaffeur, or driving a licensed or unlicensed taxi- cab, without being a licensed chaffeur, or violating any of the provisions hereof shall subject the of- fender to the penalty herein provided for. Section 13. The provisions herein relating to insurance policies and licenses shall apply to vehicles rented out without a driver or operator. Section 14. Any person, firm or corporation who violates any provision of this ordinance shall be deemed guilty of a misdemeanor and upon con- viction shall be fined not more than One Hundred Dollars ($100.00) and in default of such fine and costs shall be imprisoned for a period of not ex- ceeding thirty (30) days in jail. Section 15. That Ordinance No. 44-46 as amended by Ordinance No. 66-51 be and the same is hereby repealed. Adopted 9/ 6/ 55 Published 9/13/55 48 49 CHAPTER XVI Traffic Regulations ORDINANCE NO. 33-49 (TRAFFIC CODE) AMENDED: SECTION 1.17 RE-ENACTED (By Ordinance No. 56-53): "1.17. Chauffeur means any person who oper- ates a motor vehicle in the transporation of per- sons, including school busses, for wages, compen- sation or hire, or any person who operates a truck tractor, road tractor or any motor truck which is required to be registered at a gross weight classi- fication exceeding five tons, or any such motor vehicle exempt from registration which would be within such gross weight classification if not so exempt except when such operation by the owner or operator is occasional and merely incidental to his principal business. A farmer, or his hired help, shall not be deemed a chauffeur, when operating a truck owned by him, and used exclusively in connection with the trans- portation of his own products or property." SECTION 8.1 RE-ENACTED (By Ordinance No, 56-53): "8.1, Any person driving a motor vehicle on any street of this City shall drive the same at a careful and prudent speed not greater than or less than is reasonable and proper, having due regard to the traffic, surface and width of the streets and of any other conditions then existing, and no per- son shall drive any vehicle at a speed greater than will permit him to bring it to a stop within the as- sured clear distance ahead, such driver having the right to assume, however, that all persons using such streets will observe the law. The following shall be the lawful speed except as hereinbefore or hereinafter modified, and any speed in excess thereof shall be unlawful: 1. Twenty miles per hour in any business dis- trict. 2. Twenty-five miles per hour in any residence or school district. 3. Forty miles per hour for any motor vehicle drawing another vehicle. 4. Forty-five miles per hour in any suburban district." SECTION 9.3 RE-ENACTED (By Ordinance No. 9-53): "9.3. Except on one-way streets, the operator of a motor vehicle shall at all times travel on the right-hand side of the center of the street." SECTION 10.1 RE-ENACTED (By Ordinance No, 9-53): 10.1. Except on one-way streets, the driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall notragain drive to the right side of the roadway until safely clear of the overtaken vehicle. The driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the over- taking vehicle." SECTION 10.2 RE-ENACTED (By Ordinance No. 9-53): 10.2. Except on one-way streets, no vehicle shall be driven to the left side of the center of the street in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the street before coming within one hundred feet of any vehicle approaching from the opposite direction." SECTION 10.3 RE-ENACTED (By Ordinance No. 9-53): "10.3. No vehicle shall, in overtaking and passing another vehicle or at any other time, be driven to the left side of the street under the fol- lowing conditions: 1. When approaching the crest of the grade or upon a curve in the street where the driver's view along the street is obstructed for a distance of approximately seven hundred feet. 2. Except on one-way streets, when approach- ing within one hundred feet of any narrow bridge, viaduct, or tunnel when so sign - posted, or when approaching within one hundred feet of or traversing any intersec- tion or railroad grade crossing. 3. Where official signs are in place directing that traffic keep to the right or a distinctive center line or off -center line is marked, which distinctive line also directs traffic as declared in the sign manual adopted by the state highway commission." SECTION 10.6 ADDED (By Ordinance No. 12-52): 10.6. Upon those streets and parts of those streets and in those alleys designated and de- scribed in Schedule I attached hereto and made a part hereof, sign -posted for one-way traffic, vehicles, except authorized emergency vehicles responding to an emergency call, shall be driven only in the direction designated." SECTION 11.2 RE-ENACTED (By Ordinance No. 5-53): 11.2. The driver of a vehicle intending to turn at an intersection shall do so as follows: 1. Both the approach for a right turn and a right turn shall be made as closely as practicable to the right hand curb or edge of the roadway and in such a manner as to leave the intersection as nearly as practicable in the right hand lane lawfully avail- able to traffic moving in the direction of traffic of such vehicle. 2. At any intersection where traffic is permit- ted to move in both directions on each intersecting street, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and after entering the intersection the left turn shall be made so as to depart from the intersection to the right of the centerline of the roadway being entered. 3. At any intersection where traffic is restricted to one direction on one' or more of the intersecting streets, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of trav- el of such vehicle, and after entering the intersec- tion the left turn shall be made so as to leave the intersection as nearly as practicable in the left- hand lane lawfully available to traffic moving in such direction upon the roadway being entered. 4. Where the special circumstances require, the City Manager may cause markers, buttons or signs to be placed within or adjacent to inter- sections and thereby require and direct that a dif- ferent course from that specified in this section be traveled by vehicles turning at any intersection, and when markers, buttons, or signs are so placed, no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such markers, buttons or signs." SECTION 11.3 RE-ENACTED (By Ordinance No. 59-54): "11.3. No vehicle shall be turned so as to pro- ceed in the opposite direction upon any curve, or on the approach to, or near the crest of, a grade or hill, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred feet (500 1) nor upon any of the streets or portions of streets described in.Schedule IX of this Ordinance." SECTION 11.9 ADDED (By Ordinance No. 56-53): "11.9. When a vehicle is equipped with a directional signal device, such device shall at all times be maintained in good working condition, No directional signal device shall project a glaring or dazzling light. All directional signal devices shall be self -illuminated when in use while other lamps on the vehicle are lighted." SECTION 13.5 ADDED (By Ordinance No. 9-53): "13.5. The City Manager is authorized and directed to erect school -type traffic control sig- nals at the entrance to each school zone, as here- inbefore defined, in the City of Dubuque, and at such other crossings or other intersections as the Council may designate." SECTION 15.28 RE-ENACTED (By Ordinance No. 38-54): Motor carriers shall travel over marked high- ways when operated within the City limits and shall not depart therefrom except that any motor carrier 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 and any motor carrier whose trip orig- inates within the City may travel by the most di- rect route to that point on a marked highway near- est to such point of origin; provided, however, that motor carriers may also traverse the following al- te rnate routes: Alternate No, 1. Commencing at the intersec- tion of Fourth Street and Central Avenue, thence on Central Avenue to Third Street; thence on Third Street to Iowa Street; thence on Iowa Street to Second Street; thence on Second Street to Bluff Street. Alternate No. 2. Commencing at the intersec- tion of Fourth Street and Central Avenue, thence on Central Avenue to Third Street; thence on Third Street to Iowa Street; thence on Iowa Street to Second Street; thence on Second Street to Main Street; thence on Main Street to Railroad Avenue; thence on Railroad Avenue to South Locust Street. SECTION 16.1.11 REPEALED (By Ordinance No. 5-53): SECTION 16.1.14 ADDED (By Ordinance No. 6-52): 16.1.14. Within ten (10) feet of the crosswalk at all intersections within the City of Dubuque." SECTION 16.2 RE-ENACTED (By Ordinance No. 44-51): "16,2, Except where angle parking is permitted and on one-way streets, every vehicle stopped•or parked upon a roadway where there is an adjacent curb shall be stopped or parked with the right- hand sheels of such vehicles parallel with and within eighteen inches (18,H) of the right hand curb. On one-way streets vehicles may also be parked with the left hand wheels parallel with and within eighteen inches (18 If) on the left hand curb." SECTION 16.3 RE-ENACTED (By Ordinance No. 12-52): "16.3. Angle parking is permitted only on both sides of West Second Street from Iowa to Locust Street; the north side of West Sixth Street from Locust Street to Bluff Street; the east side of Bluff Street from West Sixth to West Seventh Street; the south side of West Seventh Street from Locust to Bluff Street. Upon such streets or parts of streets, vehicles shall be parked within the spaces indicated and with a front wheel of the vehicle against the curb. Vehicles having a greater length than 20 feet over all, shall not be permitted to park at an angle upon any street." 51 50 SECTION 16.22.1 ADDED (By Ordinance No. 8-54): "16.22.1. Vehicles shall not be parked at any time, except on Sundays, on the east side of Elm Street between Twentieth and Twenty-second Streets." SECTION 16.28 ADDED (By Ordinance No. 6-52): "16.28. The City Manager of the City of Dubuque is hereby authorized to designate not more than one parking space in each block within the area bounded on the south by Fourth Street and on the north by Loras Boulevard and on the east by White Street and on the west by Bluff Street, to be known as "re- stricted parking spaces," which parking spaces shall be large enough to accommodate the parking of one motor vehicle. When such restricted park- ing spaces have been so designated and suitable signs erected giving notice thereof, it shall be un- lawful to park any vehicle in any such space for a longer period than ten (10) minutes at any one time. For the purpose of this Section the word "block" as used herein, shall be interpreted to mean that part of the street which lies between cross streets." SECTION 16.29 ADDED (By Ordinance No. 12-52): "16.29. After signs have been erected giving notice thereof, it shall be unlawful to park any vehicle on Eighth Avenue between Central Avenue to Bluff Street during the period from 4 o'clock P.M. to 5:30 o'clock P.M., inclusive, of each day, except Sundays and holidays." SECTION 16.30 ADDED (By Ordinance No. 5-53): "16.30. Except vehicles stopped or parked while taking on or discharging persons, goods or merchandise, or commercial vehicles licensed as such, no person shall stop or park a vehicle in the alleys or portions of alleys enumerated in Sched- ule VII hereof, unless necessary to avoid conflict with other traffic or in compliance with the direc- tions of a police officer, or traffic control device." SECTION 16.31 ADDED (By Ordinance No. 35-54): "16.31. After signs have been erected giving notice thereof, it shall be unlawful to park any vehicle between the hours of 1 A.M. and 6 A.M. of the days set out in Schedule VIII of this Ordinance on the streets or portions of streets described in said Schedule VIII." SECTION 16.32 ADDED No. 35-54): "16.32. The City Manager is hereby authorized to designate not more than four (4) metered spaces each on Fifth Street and Ninth Street to be known as Restricted Metered Spaces. When such metered spaces have been so designated and suitable signs erected giving notice thereof, it shall be unlawful to park any vehicle in any such space for a longer period than two minutes at any one time during the hours and on the days designated by the City Mana- ger. At all other times parking in said spaces shall be subject to the foregoing provisions." 52 (By Ordinance SECTION 16.33 ADDED (By Ordinance No. 61-55): "16.33. No person shall drive, stop, stand or park a vehicle onto or upon privately owned property, or an area developed as a private off- street parking facility, without the consent of the owner, lessee or person in charge of such privately owned property or facility." SECTION 16.34 ADDED No. 68-55): "16.34. After signs have been erected giving notice thereof, it shall be unlawful to park any vehicle during the hours between 7 A.M. and 5 P.M. on the west side of White Street between East Fourth Street and East Sixth Street." SECTION 17.19 RE-ENACTED (By Ordinance No. 56-53): "17.19. No person shall drive or move any vehicle or equipment upon any highway with any lamp or device thereon displaying or reflecting a red light visible from directly in front thereof. This section shall not apply to authorized emer- gency vehicles. No person shall display any color of light, other than red on the rear of any vehicle, except that stop lights and directional signals may be red, yellow, or amber." SECTION 20.5 RE-ENACTED (By Ordinance No. 56-53): "20.5. The maximum length of any motor ve- hicle or combination of vehicles shall be as fol- lows: 1. No single truck, unladen or with load, shall have an overall length, inclusive of front and rear bumpers, in excess of thirty-five feet. 2. No single bus, unladen or with load, shall have an overall length, inclusive of front and rear bumpers, in excess of forty feet, provided that a bus in excess of thirty-five feet in overall length shall not have less than three axles. 3. No combination of truck tractor and semi- trailer, nor any other combination of vehicles coupled together, unladen or with load, shall have an overall length, inclusive of front and rear bumpers, in excess of forty-five feet. 4. There shall be no limit on the length of fire fighting apparatus, and vehicles operated in the daytime when transporting poles, pipe, machinery or other objects of a structural nature which can- not be dismembered readily when required for emergency repair of public service facilities or properties, and such vehicles transporting such objects operated at nighttime by a public utility when required for emergency repair of public ser- vice facilities or properties, but in respect to such night transportation every such vehicle and the load thereon shall be equipped with a sufficient number of clearance lamps on both sides and marker lamps upon the extreme ends of any pro- jecting load to mark clearly the dimensions of such load, at which time, a.member of the state highway patrol shall be notified prior to the oper- ation of such vehicle." (By Ordinance SCHEDULE I RE-ENACTED (By Ordinance No. 68-55): 1. Traffic shall move northerly only: a. In the alley between Iowa Street and Central Avenue from West Fourth Street to West 13th Street; b. In the alley between Locust Street and Main Street from Jones Street to West Twelfth Street; c. In the alley between Bluff Street and Locust Street from Eighth Avenue to West Tenth Street; d. On Iowa Street from West Fourth Street to Loras Boulevard; e. On Locust Street from Dodge Street to West 16th Street; f. On the portion of Elm Street lying east of the railroad tracks in said Street between East 24th Street and East 26th Street; g. On White Street from East Fourth Street to East 21st Street. Z. Traffic shall move southerly only: a. In the alley between Central Avenue and White Street from East 14th Street to East Fourth Street; b. In the alley between Main Street and Iowa Street from West Twelfth Street to West Second Street; c. On Bluff Street from West 16th Street to Dodge Street; d. On Main Street from Loras Boulevard to West Fourth Street; e. On the portion of Elm Street lying west of the railroad tracks in said Street and East 26th Street; f. On Central Avenue from 21st Street to Fourth Street. 3. Traffic shall move westerly only: a. On East 21st Street from White Street to Central Avenue. SCHEDULE II: SECTION "L" RE-ENACTED No. 56-53): "L. Hill Street from the south line of Eighth Avenue to the north property line of Dodge Street." (By Ordinance ****#*# ##* mix SECTION "U" RE-ENACTED (By Ordinance No. 19-55): "U. Iowa Street from the south line of Second Street to the south line of West Twelfth Street; from the north line of West Twelfth Street to the south line of Loras Boulevard; and, from the north line of Loras Boulevard to West Seventeenth Street." Tex**** ****# SECTION "V" RE-ENACTED (By Ordinance No. 68-55): "V. White Street from the north line of East Fourth Street to the south line of East 20th Street." SECTION "W" RE-ENACTED (By Ordinance No. 12-52): "W. Bluff Street from Loras Boulevard to the north line of West Twelfth Street, and from the south line of West Twelfth Street to Dodge Street." SECTION "X" ADDED (By Ordinance No. 59-54): "X. East Sixteenth Street from Elm Street to its easterly terminus." SCHEDULE III: SCHEDULE III RE-ENACTED (By Ordinance No. 68-55): "In accordance with Section 12.4, the following are designated as "stop intersections" and when signs are erected giving notice thereof, drivers of vehicles shall stop before entering said intersec- tions from directions indicated: "A. East -bound and west -bound vehicles must stop before entering: Washington Street at East 16th Street; Washington Street at East 29th Street; Elm Street at East 29th Street; White Street at East 17th Street. "B North -bound and south -bound vehicles must stop before entering: Rosedale at Avoca Street; East 21st Street at Washington Street; Ea.st 21st Street at Elm Street; Lincoln Avenue at Stafford Avenue; East 29th Street at White Street; Cherry Street at Finley Street; East 17th Street at Washington Street; Green Street at Finley Street; East 22nd Street at White Street; East 24th Street at White Street; Stafford Street at Merz Street. "C. West -bound vehicles must stop before en- tering: Bluff Street at West Third Street; White Street at East 21st Street. "D. North -bound vehicles must stop before ente ring: Second Street at Iowa Street. "E. East -bound vehicles must stop before entering: St. Ambrose Street at Clarke Drive; "F. South -bound vehicles must stop before entering: East 21st Street at White Street." 53 SCHEDULE IV: SECTION 2.p. RE-ENACTED (By Ordinance No. 39-55): SECTIONS 2.x, 2.y, 2.z, 2a.a., 2b.b. and 2c.c, and SECTION 3a ADDED (By Ordinances 36-51, 21-52, 4-54, and 61-54): 2.p. Both sides of East Seventh Street from Central Avenue to White Street; north side only from White Street to Jackson Street; south side only from Jackson Street to Washington Street. x. Seminary Street from the northeast cor- ner of Avoca Street and Seminary Street to a point 600 feet east thereof. y. Both sides of Thirteenth Street between Central Avenue and White Street. z. Both sides of University Avenue from Irving Street to Asbury Street. aa. The east side of Algona Street from Campus Lane to University; bb. The south side of University Avenue from Alpine Street to Nevada Street; cc. Both sides of University Avenue from Nevada Street to a point 100 feet west of Booth Street. 3. For longer than 15 minutes upon the follow- ing streets: a. Both sides of Jones Street between Main Street and the Chicago, Milwaukee, St. Paul and Pacific Railroad Tracks. SCHEDULE V: SECTION J ADDED (By Ordinance No. 19-55): J. The south side of East 14th Street from Central Avenue to the first alley east of Central Avenue. SCHEDULE VI: SECTIONS ff. to 58, inclusive, ADDED (By Ordinance Nos. 46-51, 52-51, 60-51, 6-52, 26-52, 67-53, 37-53, 56-53, 62-53, 2-54, 4-54 50-54, 61-64, 19-55, 48-55, 63-55, 66-55 and 68-55): "ff. East side of Wartburg Place from Fremont Avenue to 385 Wartburg Place; Both sides of Wartburg Place from 385 Wartburg Place to the entrance to Sunset Ridge; hh. The south side of University Avenue from the south line of McCormick Street to the north line of Algona Street; ii. The east side of Algona Street from Cam- pus Lane to Grace Street. The north side of Broadway from Diagonal Street to Gay Street; kk. Both sides of Davis Avenue from a point 630 feet east on Windsor Avenue easterly to the entrance of Mt. Calvary Cemetery; gg• JJ• 54 11. The south side of Pickett Street from Cor- nell Street to Henion Street; mm. Both sides of Cornell Street from the north line of Loras Boulevard northerly for a distance of 170 feet; nn. Both sides of Montrose Street from the north line of Loras Boulevard northerly for a distance of 170 feet; oo. The southeasterly side of Caledonia Street from Hill Street to Eighth Avenue; pp. The south side of Bennett Street from Grandview Avenue to Algona Street; The north side of West Tenth Street from Locust Street to Bluff Street; rr. The south side of East Twenty-first Street from Jackson Street to the Chicago, Great Western Railroad right-of-way; ss. The southeasterly side of Lincoln Avenue from the Chicago, Great Western Railroad right-of-way to Kniest Street; tt. Both sides of Eighth Avenue from a point 146 feet west of the west line of University Avenue to a point 206 feet west of the west line of University Avenue." uu. The west side of College Street from Al- lison Street to West Fifth Street; vv. The east side of St. Mary's Street from Bennett Street to West Third Street; qq• ww. The north side of East 30th Street from Jackson Street to Central Avenue." xx. The west and north side of South Hill Street from Grandview Avenue to Dodge Street." The south side of Dodge Street from Main Street to Locust Street." YY• 52. On the west side of Washington Street from 20th Street to 24th Street. 53. On the south side of West 23rd Street from Central Avenue to Valeria Street. 54. On the west side of Farley Street from Rhomberg Avenue to High Bluff Street. 55. On the east side of Highland Place from West Eleventh Street to Arlington Street." 56. The north side of Foye Street from Semi- nary Street to Napier Street. 57. Beyond both sides of Sycamore Street from East Sixteenth Street to East Nineteenth Street. 58. On the west side of Avoca Street from Seminary Street to Sunnyview Drive. 59. On both sides of Jackson Street from Eighth Avenue to a point 140 feet south of the south curb of East Eleventh Street. 59. a. On the west side of Elm Street from East 24th Street to East 26th Street. 60. On both sides of Algona Street from Campus Lane to Bennett Street. 61. On the west side of Algona Street from Campus Lane to University Avenue. 62. The north side of Eighth Avenue from Wilson Street to Roberts Street. 63. Both sides of Bluff Street from Dodge Street to Jones Street. 64. The west side of Bluff Street from Jones Street to West First Street. 65. The east side of Bluff Street from Eighth Avenue. to West Tenth Street. 66. The north side of West Fourth Street from Central Avenue to Bluff Street. 67. Both sides of East 14th Street from White Street to Central Avenue. 68. Both sides of Loras Boulevard from Cen- tral Avenue to Bluff Street. 69. Both sides of East 21st Street from Central Avenue to White Street. SCHEDULE VII ADDED (By Ordinance No. 5-53): SCHEDULE VII In Accordance with Section 16.30 and, when signs are erected giving notice thereof, no person shall, except while taking on or discharging persons, goods or merchandise, park any vehicle, other than a commercial vehicle licensed as such, on any of the following alleys, or portions of alleys: (a) From Jones Street to West llth Street in the alley between Bluff and Locust Streets. (b) From Jones Street to West 12th Street in the alley between Locust and Main Streets; (c) From West Second Street to West Twelfth Street in the alley between Main and Iowa Streets; (d) From West Fourth Street to the City Hall property and from West Thirteenth Street to Loras Boulevard in the alley between Central Avenue and Iowa Street; (e) From East Fourth Street to East Fourteenth Street in the alley between Central Avenue and White Street." SCHEDULE VIII ADDED (By Ordinance No. 57-54): SCHEDULE VIII In accordance with Section 16.31 and when signs are erected giving notice thereof, no person shall park any vehicles between the hours of 1 A.M. and 6 A.M. on the days and portions of streets set out in the following table: A. On Tuesday, Thursday or Saturday, on the east side of the following portions of the following streets: 1. Main Street from Dodge Street to West 17th Street; 2. Locust Street from Dodge Street to West 17th Street; 3. Central Avenue from East Fourth Street to East 20th Street; 4. White Street from East Fifth Street to East 20th Street; 5. Elm Street from East Eleventh Street to East 20th Street; 6. Bluff Street from Dodge Street to West 16th Street; 7. Iowa Street from West Fourth Street to West 17th Street; 8. Jackson Street from East Sixth Street to East 20th Street; 9. Washington Street from East Ninth Street to East 20th Street. 10. Elm Street from East Eleventh Street to East 20th Street. B. On Monday, Wednesday or Friday on the west side of the following portions of the following streets: 1. Main Street from Dodge Street to West 17th Street; 2. Locust Street from Dodge Street to West 17th Street;. 3. Central Avenue from East Fourth Street to East 20th Street; 4. White Street from East Fifth Street to East 20th Street; 5. Elm Street from East Eleventh Street to East 20th Street; 6. Bluff Street from Dodge Street to West 16th Street; 7. Iowa Street from West Fourth Street to West 17th Street; 8. Jackson Street from East Sixth Street to East 20th Street; 9. Washington Street from East Ninth Street to East 20th Street; 10. Elm Street from East Eleventh Street to East 20th Street. C. On Tuesday or Thursday on the north side of the following portions of the following streets: 1. West First Street from Bluff Street to Iowa Street; 2. West Second Street from Bluff Street to Locust Street; 3. West Third Street from Bluff Street to Main Street; 4. Fourth Street from Bluff Street to Iowa Street; 5. Fifth Street from Bluff Street to White Street; 6. Sixth Street from Bluff Street to Jackson Street; 7. Seventh Street from Bluff Street to Washing- ton Street; 8. Eighth Avenue from Bluff Street to Pine Street; 9. Ninth Street from Bluff Street to Pine Street; 10. Tenth Street from Bluff Street to Washington Street; 11. Eleventh Street from Bluff Street to Pine Street; 12. Twelfth Street from Bluff Street to Pine Street; 13. 13th Street from Bluff Street to Washington Street; 14, Loras Boulevard from Bluff Street to Cen- tral Avenue; 15. East 14th Street from Central Avenue to Pine Street; 16. Fifteenth Street from Bluff Street to Pine Street; 17. Sixteenth Street from Iowa to Pine Street; 18. Sixteenth Street from West Locust Street to Main Street; 55 19. Seventeenth Street from.West Locust Street to Pine Street; 20. Eighteenth Street from Central Avenue to Pine Street; 21. Nineteenth Street from Central Avenue to Pine Street; 22. Twentieth Street from Central Avenue to Elm Street; D. On Monday or Friday on the south side of the following portions of the following streets: 1. West First Street from Bluff Street to Iowa Street; 2. West Second Street from Bluff Street to Locust Street; 3. West Third Street from Bluff Street to Main Street; 4. Fourth Street from Bluff Street to Iowa Street; 5. Fifth Street from Bluff Street to White Street; 6. Sixth Street from Bluff Street to Jackson Street; 7. Seventh Street from Bluff Street to Washing- ton Street; 8. Eighth Avenue from Bluff Street to Pine Street; 9. Ninth Street from Bluff Street to Pine Street; 10. Tenth Street from Bluff Street to Washington Street; 11. Eleventh Street from Bluff Street to Pine Street; 12. Twelfth Street from Bluff Street to Pine Street; 13. Thirteenth Street from Bluff Street to Wash- ington Street; 14. Loras Boulevard from Bluff Street to Central Avenue; 15. East Fourteenth Street from Central Avenue to Pine Street; 16. Fifteenth Street from Bluff Street to Pine Street; 17. Sixteenth Street from Iowa Street to Pine Street; 18. Sixteenth Street from West Locust Street to Main Street; 19. Seventeenth Street from West Locust Street to Pine Street; 20. Eighteenth Street from Central Avenue to Pine Street; 21. Nineteenth Street from Central Avenue to Pine Street; 22. Twentieth Street from Central Avenue to Elm Street; 56 E. On Mondays on the west side of the following portions of the following streets: 1. White Street from Fourth Street to Fifth Street; 2. Central Avenue from Third Street to Fourth Street; 3. Iowa Street from First Street to Fourth Street; F. On Saturdays on the east side of the following portions of the following streets: 1. Central Avenue from Third Street to Fourth Street; 2. Iowa Street from First Street to Fourth Street; 3. White Street from Fourth Street to Fifth Street; G. On Mondays on the north side of the following portions of the following streets: 1. Second Street from Iowa Street to Locust Street; 2. Third Street from Central Avenue to Main Street; 3. Fourth Street from White Street to Iowa Street; H. On Saturdays on the south side of the following portions of the following streets: 1 Second Street from Iowa Street to Locust Street; 2. Third Street from Central Avenue to Main Street; 3. Fourth Street from White Street to Iowa Street; SCHEDULE IX ADDED (By Ordinance No. 57-54): SCHEDULE IX In accordance with Section 11.3, no vehicle shall be turned so as to proceed in the opposite direction upon the following portions of the follow- ing named streets: 1. Main Street from West Second Street to West Thirteenth Street, both intersections included. 2. Central Avenue from Fourth Street to the south line of Eighteenth Street. 3. Central Avenue from the north line of Eighteenth Street to the north line of Twenty- fourth Street. 4. Eighth Avenue from Central Avenue to the west line of Bluff Street. 5. At the intersection of Sixteenth and Sycamore streets. DATES OF ADOPTION AND PUBLICATION Ordinance No. 44-51 adopted 9/25/51; Published 9/28/51 Ordinance No. 46-51 adopted 10/15/51; Published 10/18/51 Ordinance No. 52-51 adopted 11/5/51; Published 11/9/51 Ordinance No. 60-51 adopted 12/3/51; Published 12/10/51 Ordinance No. 6-52 adopted 2/4/52; Published 2/8/52 Ordinance No. 8-52 adopted 3/3/52; Published 3/10/52 Ordinance No. 12-52 adopted 3/22/52; Published 3/31/52 Ordinance No. 19-52 adopted 5/5/52; Published 5/9/52 Ordinance No. 21-52 adopted 5/20/52; Published 5/23/52 Ordinance No. 26-52 adopted 7/7/52; Published 7/11/52 Ordinance No. 5-53 adopted 3/19/53; Published 3/24/53 Ordinance No. 9-53 adopted 5/12/53; Published 5/15/53 Ordinance No. 37-53 adopted 6/1/53; Published 6/5/53 Ordinance No. 56-53 adopted 7/15/53; Published 7/20/53 Ordinance No. 62-53 adopted 8/25/53; Published 9/3/53 Ordinance No. 2-54 adopted 1/4/54; Published 1/8/54 Ordinance No. 4-54 adopted 3/1/54; Published 3/5/54 Ordinance No. 8-54 adopted 3/25/54; Published 3/29/54 Ordinance No. 35-54 adopted 4/20/54; Published 4/27/54 Ordinance No. 38-54 adopted 5/11/54; Published 5/17/54 Ordinance No. 50-54 adopted 7/20/54; Published 7/27/54 Ordinance No. 57-54 adopted 10/4/54; Published 10/11/54 Ordinance No. 59-54 adopted 11/1/54; Published 11/5/54 Ordinance No. 61-54 adopted 11/16/54; Published 11/26/54 Ordinance No. 19-55 adopted 3/23/55; Published 3/28/55 Ordinance No. 39-55 adopted 6/27/55; Published 7/1/55 Ordinance No. 46-55 adopted 8/1/55; Published 8/4/55 Ordinance No, 61-55 adopted 11/7/55; Published 11/11/55 Ordinance No. 63-55 adopted 10/17/55; Published 10/21/55 Ordinance No. 66-55 adopted 12/5/55; Published 12/8/55 Ordinance No. 68-55 adopted ; Published 57 CHAPTER XVII Buildings ORDINANCE NO. 107 REPEALED by Ordinance No. 21-55 ORDINANCE NO. 8-33 REPEALED by Ordinance No. 21-55 BUILDING CODE AMENDED by Ordinance No. 35-52 and 42-54 Ordinance No. 35-52 An Ordinance Providing for the Removal, Repair or Dismantling of Dangerous Buildings or Struc- tures and for the Assessment of the Cost There- of; and Repealing Sections 540 to 545 Inclusive of the Building Code. Be it Ordained by the City Council of the City of Dubuque, Iowa: Section 1. When the City Manager shall deter- mine that any building or structure within the City of Dubuque is dangerous to life or health because of its condition or manner of construction, he is hereby authorized and empowered to issue a notice describing the dangerous condition and directing that such condition be corrected or the building or structure dismantled within ten (10) days from the date of the issuance of such notice. Suchnotice shall be addressed to the owner of the property as shown by the County Auditor's tax rolls and may be served by Registered United States Mail ad- dressed to such owner at his last known address. In the event the owner of such property or his ad- dress is unknown to the City Manager after rea- sonable inquiry, an affidavit to that effect shall be executed by the City Manager and filed with the City Clerk and the notice provided for herein may thereupon be served by posting a copy thereof on the building or structure affected. Section 2. Whenever such notice has been is- sued and has not been complied with, the City Manager shall report his findings to the City Council describing the condition complained of, the time and manner of the service of the notice, the description of the building or structure and the real estate upon which the same is situated, the name and address of the owner as shown by the tax rolls and stating his recommendations. Section 3. Upon receipt of the City Manager's report the City Council shall set a time and place for hearing thereon and direct the City Clerk to give notice of such hearing by publication at least once not less than ten (10) days prior to said hear- ing and by mailing a copy of such notice to the owner if his address be known. Said notice shall give the time and place of hearing on the City Manager's report and at such hearing, the owner of the property involved and all other interested parties shall be afforded an opportunity to appear and be heard. Section 4. If at said hearing the City Council shall find that said building or structure is dan- gerous to life, health or property, it may direct 58 the City Manager to remove, repair or dismantle said building or structure and may assess the cost of such removal, repair or dismantling against the real estate in the manner provided by Section 4 of Chapter 151 of the Acts of the 54th General Assem- bly of Iowa. Section 5. The City Manager, or his properly authorized representatives are hereby a uth zed and empowered to enter upon any property m the City of Dubuque for the purposes of carrying out any order entered by the City Council in accord- ance with Section 4 hereof. Section 6. Sections 540 to 545 inclusive of the Building Code of the City of Dubuque are hereby repealed. Adopted 10/13/52 Published 10/ 16/ 52 Ordinance No. 42-54 An Ordinance Amending the Building Code of the City of Dubuque to change the provisions thereof relating to heating and ventilating by requiring bonds of heating contractors, providing for per- mits and fees, regulating the installation of gas burning equipment; amending Sections 31 and 322 thereof and adding Section 192.1 and Chap- ters XVI A and XVI B thereto. Be it Ordained by the City Council of the City of Dubuque: Section 1. That Section 31 of the Building Code be and the same is hereby repealed and the follow- ing enacted in lieu thereof: "Section 31. Bond for Heating Contractors. Any person, firm or corporation desiring toennage in the business of installing heating apparatus building, shall first file with the City Clerk a surety bond, from a surety company authorized to do busi- ness in Iowa as surety, in ap pronal ved ey oft$2,000.00 and in a form and company e City Council, conditioned on the faithful performance City of such work in accordance with all applicable Ordinances of the City of Dubuque and Statutes of the State of Iowa running to the benefit of the City of Dubuque and the members of the general public including all customers of said heating contractor." Section 2. That the Building Code of City of Dubuque be and the same is hereby amended by adding a new Section 192.1 thereto as follows: "Section 192.1. The foregoing provisions relat- ing to chimney and flue construction shall be sub- ject to the provisions of Chapters XVI A and XVI B relating to gas fired units and conversion gas burners." Section 3. That Section 322 of the Building Code of the City of Dubuque be and the same is hereby repealed and the following enacted in lieu thereof: "Section 322. Before commencing the installa- tion, remodeling, conversion or repair of any heating or ventilating apparatus in any building of the City of Dubuque a permit therefore shall first be obtained by a heating contractor qualified under the provisions of Section 31 hereof, and it shall be unlawful to commence any such work unless a per- mit shall first have been obtained and a permit fee paid in accordance with the following schedule: Heating and Ventilating Fee Schedule Stokers and..conversion gas burners $5.00 Furnaces, Warm Air Units, boilers and gas fired heating units including their nec- essary appurtenances except wiring. . . . 5.00 New oil burning heating units Fees for conversion oil burning units shall be as provided in Ordinance 24-31. Blowers, repairs, alterations and any other equipment or work not covered by the above when the price charged to the customer exceeds $100.00 Water Heaters (Gas) 345.3. CLOSE INSPECTION OF FURNACES REQUIRED. Before installation of a conversion gas burner in an existing warm air furnace is made, enough of the connecting pipes or outer casing shall be removed so as to make close visual inspection around the entire circumference of the furnace primary and secondary heating surfaces. On inspection, if furnace appears to be tight and before pipes or casing are replaced, the flue pas- sage between the chimney and furnace shall be closed off and the furnace shall be given a smoke bomb or smoke candle test. If there is no visible sign of smoke around the whole perimeter of the furnace during the test, the furnace may be reas- 5.75 sembled and the conversion gas burner installed. If smoke does appear during this test, the furnace shall be given another smoke test after repairs or replacements are made. 345.4. AUTOMATICALLY OPERATED AIR DOORS NOT PERMITTED. All combustion air 5.00 doors will be permanently positioned. 1.00 The foregoing fees shall be in lieu of the fee for new heating installations required by Section 28 hereof, No permit shall be required for work not cov- ered by the above when the price charged the cus- tomer is $100.00 or less but such work shall com- ply with the provisions of this Code and all other applicable Ordinances of the City of Dubuque. Section 4. That the Building Code of the City of Dubuque be and the same is hereby amended by adding a new chapter thereto known as Chapter XVI A, consisting of Sections 341.1 to 345.11 in- clusive as follows: CHAPTER XVI A Approval and Installation Requirements for Gas Fired Units and Conversion Gas Burners with Im- put Rating up to 500,000 Btuh. 345.1. DEFINITIONS. (a) Gas fired unit is de- fined as either a package unit (furnace or boiler) in the smaller sizes designed by the manufacturer and shipped from the factory as a completely as- sembled unit or in the larger sizes not to be shipped completely assembled but to meet the requirements of complete unit approval when tested as an assem- bled unit. (b) Conversion burners are burners installed in existing or new furnaces or boilers not specifically designed for the use of gas as a fuel. (c) Type "B" gas vent is one made of non- combustible, corrosion resistant material of suffi- cient thickness and cross section area and heat in- sulating quality to avoid excess temperature on ad- jacent combustible material and certified by a na- tionally recognized testing agency. They shall be used only for venting gas fired equipment when that equipment does not exceed flue gas tempera- tures in excess of 550 degree F. at the outlet of the draft hood. 345.2. APPROVAL REQUIREMENTS. All gas fired units and conversion gas burners shall be listed or approved by The American Gas Associa- tion Laboratories or a similar qualified impartial testing laboratory. The approval shall be for safety, combustion and rating. 345.5. HOT WATER COILS NOT PERMITTED. No hot water coils will be permitted in a combus- tion chamber in which a gas burner is installed. If there are hot water coils in a combustion cham- ber of an existing furnace or boiler they shall be removed when a conversion gas burner is installed in that furnace or boiler. 345.6. REQUIREMENTS FOR INSTALLATION OF DOMESTIC GAS CONVERSION BURNERS. The work shall be done and the equipment installed in accordance with recognized good practices. Com- pliance with "American Standards Requirements for Installation of Domestic Gas Conversion Burners" 1948 Edition shall be prima facie evidence of good workmanship except as follows: (a) All electrical wiring shall be done in the manner provided by applicable ordinances of the City of Dubuque. (b) Room thermostats shall be installed in ac- cordance with good practice and applicable city ordinances. (c) The main manual control valve shall be lo- cated not more than three feet upstream from the burner pressure regulator. (d) Automatically operated air doors shall not be permitted. (e) Automatic pilot shall be complete shut off type. 345.7. FLUE GAS TEST REQUIRED, EXPLAN- ATION. With respect to Part VI, Section 5, method 1, paragraph c and method 2, paragraph b-4, A COZ, test shall indicate a reading of 6 1/2% to 9%. The flue gas temperature shall be not more than 650 degrees F. higher than the temperature of the air surrounding the unit. These tests shall be made at a point between the furnace or boiler outlet and diverter and only when a gas conversion burner is installed. The CO2 and temperature recordings shall be posted on or near the equipment by the installer. 345.8. INSTRUCTIONS TO BE LEFT ON THE JOB. Instructions furnished by the manufacturer outlining procedures shall be attached to or near the installation as follows: (a) Instructions for the proper manner of op- erating gas main shut-off valve, pilot valve and proper sequence for lighting unit. 59 (b) Instructions outlining the proper sequence of turning off gas burner and closing gas main valve and auxiliary valves. 345.9. CHIMNEYS, FLUES, VENTS. This sec- tion shall apply only to natural draft venting. Forced draft or exhaust systems and power burners usually required special engineering and installation and shall require approval of the Building. Commissioner. (a) All masonry chimneys used for venting gas burning equipment up to 350,00,0 BTUH input shall have installed within them a suitable flue liner as specified in sub -section (b) following: (b) Flue liners approved by the Building Com- missioner are as follows: 1. Vitrified steel pipe as approved and classi- fied by the rational Board of Fire Underwriters Laboratories. 2. Type_B gas vents as approved and classified by the National Board of Fire Underwriters Labora- tories. 3. Stainless steel 302-18.8 of not less than 26 gauge. 4. Vitrified clay pipe or tile when joined gas tight with acid resistant mortar. Definition: Alumina and air setting refractory base motors shall be considered acid resistant when used for this purpose. (c) In event the chimney serving gas fired equip- ment also serves one or more devices used for heating space other than gas fired, liner require- ments may be omitted. Said device shall not have less than 1000 Btuh input per cross sectional square inch area of the flue in the chimney to which said device is connected. (d) .If no new flue liner need be installed when new gas heating equipment is installed, there shall be provided in the base of the chimney, a clean -out door if one shall not be present. (e) When a flue liner is venting more than one gas fired appliance, it shall be of a size sufficient to vent all appliances connected to it. (f) Where gas vents are used to discharge gases directly to the outside without the use of a masonry chimney, the following shall be required. 1. If Type "B" vents shall be installed through attics, concealed places, and floors, 1•11 clearance will be required from combustible materials and a spacing device used to maintain these clearances. When installed in a concealed place, they will be so installed so that they can be easily removed for inspection or replacement. 2. Packaged chimneys approved by the office of Building Commissioner shall be acceptable for venting gas equipment. 345.10. GAS FIRED APPLIANCES REQUIRING VENTING. (a) Appliances of the following type shall be flue or vent connected or provided with other approved means for exhausting the flue gases to the outside atmosphere. 1. Space heating steam and hot water boilers and warm air furnaces, floor furnaces, unit heaters, duct furnaces and recess heaters. 2. Gas fired incinerators. 3. Water heaters with inputs over 5000 Btuh. 4. Room heaters listed for vented use only. 5. Appliances equipped with gas conversion burners. 60 6. Appliances listed for vented use only. (b) Appliances listed below will not require venting unless they are listed for vented use or having installation limitations. In such case they shall be installed in accordance with its listing or installation limitations. 1. Gas ranges. 2. Gas refrigerators. 3. Counter appliances. 4. Domestic clothes dryers. 5. Room heater or heaters listed for unvented use, installed in the same room which, if not vented, would make the total input rating of the unvented heating appliances less than 30 Btuh per cu. ft. of room content. 345.11. INSTALLATION OF GAS FIRED EQUIP- MENT IN SLEEPING QUARTERS. Only room heaters listed for vented use shall be installed in sleeping quarters for use of transients, as in hotels, motels and auto courts, in institutions such as Homes for the Aged, Sanitoriums, Convalescent Homes, Orphanages, etc. Such heaters shall be connected to an effective flue or vent and equipped with an automatic pilot. Section 5. That the Building Code of the City of Dubuque be and the same is hereby amended by adding a new Chapter XVI B thereto consisting of Sections 345.12 to 345.14 inclusive as follows: CHAPTER XVI B Approved and Installation Requirements for Gas Fired Units and Conversion Gas Burners with Input Rating of 500,000 Btuh and larger. 345.12. APPROVAL. All gas control equipment shall be approved by a nationally recognized testing laboratory. 345.13. Such equipment shall be installed and inspected in the manner set forth in "American Standard Requirements for Installation of Gas Equipment in Large Boilers -- Z 21.33, 1950 Edi- tion", except as hereafter provided and said publi- cation except as hereafter provided is hereby ap- proved by the City Council and ordered placed on file with the City Clerk for public inspection and shall become a part hereof by this reference. The following changes and modifications of said Stand- ards shall apply: MANUAL SHUT-OFF VALVES (A) Change paragraph 2.4,5 to read -- "when there is no available place for the installation of a shut-off valve outside of the boiler room, the curb cock may be used and a curb cock wrench be furnished and hung on a wall outside of the boiler room in an easily accessible place. The curb cock shall be plainly marked and kept clean of snow, ice or debris." CONTROL VALVES (B) There shall be added to section 2.5 the fol4w- ing sections: ✓ 2.5.10. For fuel inputs not exceeding 5,000,000' Btu per hour, the combustion control system may be the on -off type which shall consist of a pressure or heat -actuated controller to operate an approved slow opening on -off gas input control valve proper- ly interlocked with air louvres or dampers. 2.5.11. For fuel inputs exceeding 5,000,000 Btuh, the combustion control system shall be the modulating type with 2 stage modulating valve as- suring a slow start. The system shall be designed so that air control dampers and fuel input control valves will operate in conjunction with each other to maintain heat release to the boiler or furnace in balance with requirements and to assure safe, stable and proper combustion throughout the entire required range of operation. 2.5.12. Manually lighted installations shall fol- low a sequence of closing a push button start switch to open the pilot solenoid valve; the pilot being ignited from electric spark ignition system which is energized with the same push button start switch; the main burner being then ignited from the safety pilot by opening the manual firing valve after having opened the manual reset safety shut off valve. The start -stop switch will be so ar- ranged to prevent recycling of pilot following action of any safety device to shut off fuel. 2.5.13. Automatically lighted installations shall have the necessary controls and devices to auto- matically ignite the safety pilot and open recycling safety shut off valve to permit ignition of the main burner from the safety pilot when fuel input is re- quired and when fuel input is not required, shut off all gas to pilot and main burner; providing however, standing pilots may be used on natural draft instal- lations up to 2,000,000 Btuh input and in such cases the control arrangement shall shut off gas only to the main burner when fuel input is not required. Automatic pilot shall be complete shut off type. 2.5.14. On automatically recycling jobs where mechanical draft fans are required, a pre -purge time of not less than 30 seconds shall be provided in the starting sequence and accomplished before pilot valve is opened. 2.5.15. The fuel input control valve and the safety shut off valve shall be separate and inde- pendent valves where in the opinion of the Building Commissioner it is needed as a safety factor. 2.5.16. Draft switches when required in the opinion of the Building Commissioner shall be in- stalled to shut off fuel in the event of air failure. 2.5.17. All limiting devices shall shut off fuel to all main burners. 2.5.18. There shall be no shut off valves in the piping between boiler and pressure and -or water limiting devices. 2.5.19. On all installations, the controls shall prevent the opening of the main valve until after the presence of the pilot flame has been proven. (C) There shall be added to section 3.2 the follow- ing: 3.2.6. There shall be provided a one -eighth inch pipe tap with plug in the gas burner manifold, such tap to be used for testing manifold gas pres- sure. 345.14. DUAL - FUEL BURNERS. Definition: The term, "Dual -Fuel Burner" shall mean an ap- pliance designed to supply either gaseous or liquid fuel to and properly burn same within the combus- tion chamber of a single boiler, furnace or other device, originally designed to burn a single fuel. For self-contained integral units, controls may be common to both burners or may be independent. Transfer from one fuel to the other shall be ac- complished by means of a manual double throw switch interlocked to prevent simultaneous opera- tion of both fuels. Other dual -fuel burners may be comprised of separate oil and gas units, one of which may be swung out of firing position on its structure while the other is in operation; or, units requiring the interchange of gas and oil in- serts, so designed by the manufacturer to assure proper positioning of either insert may be used. The term, "Dual Fuel Burner Equipment", shall include gas burners and all piping, tank pumps, fans, blowers and all devices, and accessories con- nected to the burner. Requirements for such type installation are as follows: (a) Dual -Fuel installations utilizing gas and solid fuel will require special approval for each individual installation (b) When oil burners are used in conjunction with dual -fuel burners the installation will be made so that they will be immediately available for oper- ation when gas is curtailed. (c) Gas burners shall be of the inshot type. The turndown ratio shall be such as to assure positive and safe ignition and complete stability during op- eration of main flames on all burners or ports throughout the required range of operation. (d) To determine the necessary furnace volumes, a value of 50,000 Btu per cubic foot per hour heat release will be the maximum allowable. 345.15. FURNACE VOLUME. When conver- sion gas burners are installed, a heat release of 40,000 Btu per cubic foot per hour will be the maximum allowable. Higher rates may be permis- sible when granted by specific approval of the Office of Building Commissioner. Adopted 6/7/54 Published 6/14/54 Ordinance No. 21-55 An Ordinance prescribing regulations for the in- stallating in buildings of pipes, fixtures and other apparatus for bringing in the water supply and removing liquid and water carried wastes, in the City of Dubuque, and the issuance of permits therefor; to provide for the inspection of such plumbing and house drainage systems and for the enforcement of such rules and regu- lations, and to prescribe penalties for the vio- lation thereof; to create a board of examiners of plumbers, providing for examination and licensing of plumbers, fixing a fee for licenses and prescribing a penalty for doing plumbing work or engaging in the plumbing business with- out a license, and to repeal Ordinance No. 107, Ordinance No. 8,33 and Ordinanee No. 4,33 Plumbers Section 1, 2, 3, and 4. Be it Ordained by the City Council of the City of Dubuque, Iowa: Part I. Administration Section 1. Division of Plumbing Inspection: The division of plumbing inspection is hereby es- tablished inthe building department to enforce the laws and ordinances governing plumbing, and shall be composed of a chief plumbing inspector, plumbers's examining board and such assistant 61 plumbing inspectors as the City Manager shall appoint. Section 2. Duties and Qualifications of Plumb- ing Inspectors: The chief plumbing inspector and the assistant plumbing inspectors shall have such duties and responsibilities as may be prescribed by the City Manager. A plumbing inspector must hold a license as a journeyman or master plumber and have at least five (5) years experience as a journeyman plumber. Section 3. Board of Examiners: The City Man- ager shall, with the consent and approval of the City Council, appoint a board of examiners con- sisting of three members, one of whom shall hold a license as journeyman plumber of at least five years experience, one a member of the local board of health, and one a master plumber who has engaged in the plumbing business as a master plumber for at least five (5) years in this city. Section 4. Term of Office: Members of the board of examiners shall serve for a period of three years, or until their successors are duly appointed and qualified. Should a vacancy in the board occur it shall be the duty of the chief plumbing inspector to notify the City Manager of such vacancy and the City Manager with the consent and approval of the City Council, shall immediately appoint a new member of the board to fill the unexpired term. Section 5. Compensation of Examining Board: The compensation which shall be paid to the mem- bers of the Plumbing Board shall be five dollars ($5.00) per meeting, but in no case shall the com- pensation exceed pay for twelve meetings per year. The Council shall provide suitable rooms in which said Board of Examiners may hold its meetings and shall provide said Board with all the necessary and incidental equipment and facilities for holding the examinations and pay the expense thereof. Section 6. Quorum: Two members of said board of examiners shall constitute a quorum for the transacting of all business, but any action taken by said board shall require a majority vote of all members of said board. Section 7. Clerk of Board: The Chief plumbing inspector shall act as the clerk of said board and it shall be his duty to keep a record of the meet- ings of said board and to register the names and residences of all persons examined by said board, the result of the examination and the kind of li- cense issued to each, if any, and the date thereof, and assist the board in preparing, conducting and grading examinations, and maintain a roster of all opprentices with the board. Section 8. Powers and Duties: The examining board of plumbers shall meet at least once every three months. They shall also meet whenever the board of health or the City Manager shall, in writing, request them to do so. Such board shall examine all persons applying for licenses as journeyman plumbers or master plumbers to de- termine their fitness and qualifications as journey- man plumbers or master plumbers and shall is- sue licenses to all persons who shall have passed a satisfactory examination before such board and shall be determined to be qualified as journeyman plumbers or master plumbers. 62 Section 9. Qualifications of Journeyman Plumber: A Journeyman plumber must be able to read blue prints, do simple mathematical prob- lems, and must know the city plumbing ordinances and the rules and regulations of the local or state boards of health governing plumbing. He shall pass a satisfactory examination showing that he has the above qualifications and is capable of performing practical plumbing and is entitled to a license as a journeyman plumber. Section 10. Qualification of a Master Plumber: A master plumber shall have a general practical knowledge of the purpose and method of the con- struction of plumbing work, be competent to plan and supervise the installation of plumbing and shall be required to have some knowledge of mechanical drawing and pass a satisfactory exam- ination showing he has the above qualifications and is entitled to a license as a master plumber. Section 11. License: Any person desiring to be examined for a license as a journeyman plumber or master plumber, as determined in this ordi- nance by the board of examiners shall make appli- cation therefor to the board of examiners on blanks furnished by the board, setting forth infor- mation necessary to establish his qualifications as such, and each application shall be accompanied by a receipt from the City Treasurer for the examin- ation fee of ten dollars ($10.00), for examination for a master plumber, and five dollars ($5.00) for examination for a journeyman plumber. Section 12. Any person currently licensed as a journeyman plumber by the City of Dubuque shall be entitled' to a license as such without examination upon application therefor to the examining board within four months from the date hereof. Any per- son currently licensed as a master plumber by the City of Dubuque shall be entitled to a license as such without examination upon application therefor to the examining board within four months from the date hereof. Section 12A. Whenever any firm or corpora- tion shall establish to the satisfaction of the City Council that it has had in its employ for more than one year a full time maintenance crew whose work is devoted exclusively to the repair and mainte- nance of the buildings and equipment of said firm or corporation, including plumbing repair, the City Council may, in its discretion issue a restricted plumber's license authorizing the person in direct supervision of such maintenance crew to make minor installations, subject to the provisions of Section 20 hereof, in said buildings so long as the permittee remains in direct supervision of such maintenance crew and conforms to the provisions of this ordinance. Section 13. Renewals. Licenses may be re- newed annually upon presentation of the treasurer's receipt for the renewal fee on or before January 31 of each year commencing with January 31 of the year following the year in which the license was first issued. The date of such renewal shall be endorsed on the licenses. In the even the holder of any such license shall fail to renew the same in the manner herein provided, the license shall ex- pire and a new one shall not be issued except in compliance with Section 11 hereof. The annual renewal fee shall be two dollars ($2.00) for mas- ter plumber and one dollar ($1.00) for journeyman plumber. Section 14. In addition to the penalties herein- after provided, when any holder of a license issued under the provisions of this ordinance shall have been convicted of more than one violation of the provisions hereof, the board of examiners may, in its discretion, revoke such license, whereupon the holder shall on receipt of written notice of such re- vocation, surrender such license. In the event any person shall feel aggreived by the action of the board in revoking his license, he may appeal from such action to the City Council by filing written no- tice of his appeal within ten days from the date of mailing of such notice. The council shall give five days written notice of the date and time of hearing to the appealing party, examining board and the chief inspector. Upon hearing, the City Council may affirm, modify or overrule the action of the board. Section 15. Master Plumber's License: That except for the work described in Section 21, no person, firm or corporation shall engage in the installing in buildings of pipes, fixtures and other apparatus for bringing in the water supply and re- moving liquid and water carried wastes in the City of Dubuque, without first having obtained a plumb- er's license or is working under the direct super- vision of a master plumber. Section 16. Employment of Licensed Plumber: That no person, firm, or corporation shall employ any person to engage in the art of installing in buildings the pipes, fixtures, and other apparatus for bringing in the water supply and removing liquid and water carried wastes except for the work described in Section 22, in or for any build- ing in the City of Dubuque, unless such person has obtained a plumber's license or is working under the direct supervision of a master plumber. Section 17. Master Plumber: Shall include any person, firm or corporation engaged in the busi- ness of plumbing, other than as a journeyman plumber, actually engaged in the installation of plumbing, and who employs other licensed plumb- ers or apprentices, and who is skilled in the planning, superintending and practical installation of plumbing and familiar with the laws, rules and regulations governing the same. Section 18. Apprentice: The term "apprentice" shall include any person who does not hold a license as a journeyman plumber or master plumber and is assisting in the installation, alter- ation or repair of plumbing. Section 19. Apprentice: No master plumber shall hire or employ, or have in his employ, any apprentice who is not registered with the examin- ing board as such, and at no time shall any ap- prentice perform any plumbing work unless he is actually in the presence of and with a licensed plumber. Every person who desired to perform the work of an apprentice plumber shall register his name as an apprentice, with the examining board at the time of entering on such employment, and on or before the first day of February of each year, thereafter so long as such employment shall continue. Section 20. Plumbing Permit: That no person, firm or corporation shall begin installing pipes, fixtures, or other apparatus for bringing in the water supply or removing liquid and water carried waste in any building in the City of Dubuque except as provided in Section 22 unless a permit for such work has been issued by the division of plumbing inspection. Section 21. Application for Permit: Any licensed plumber desiring a plumbing permit shall file with the division of plumbing inspection an ap- plication in writing for such permit stating therein the street and house number, with the owner's name, the name of the licensed plumber, specify- ing the work to be done and that such work will be done in accordance with the ordinances of the City of Dubuque, and rules and regulations of the local and state boards of health. Section 22. When Permits are Not Required: Permits will not be required for the removal of stoppage in soil or waste pipes or for replacing borken fixtures, or tanks, or faucets, or repairing leaks in waste pipes or water pipes or tanks, but when repairs are made, only fixtures shall be used to replace broken fixtures as shall conform to the provisions herein prescribed. Traps not previous vented when repaired shall be finished with an ap- proved antisyphon trap. Nothing herein shall, however, be construed to permit excavating in the streets or other public places in the City of Dubuque, without first having obtained a permit and paying the fee therefor. Section 23. Permits Issued: Upon the approval of the application provided for in Section 21 hereof, the division of plumbing inspection shall issue a permit to the person applying therefor, stating the name of the owner of the property, the name of the owner of the property, the name of the licensed plumber to whom the permit is issued, and the street and house number, and the work authorized to be done thereunder. No permit shall be issued for additional plumbing work in any building where the plumbing is found defective or has been in- stalled or is being maintained contrary to the pro- visions of the City plumbing ordinances, or the rules and regulations of the local or state boards of health, unless such plumbing is to be corrected, and the permit is taken out to cover the correction of such work. Section 24. Permit Fees: There shall be charged for the inspection of all plumbing work, either new, replaced or reconstructed, a permit fee as follows: For the first four fixtures of fixture openings $2,00 ea. For each additional fixture or fixture opening 1.00 Each garage wash rack, settling basin, oil separator, blow off basin, sewage ejector of similar equipment shall be considered as a fixture. 63 For each bar, soda fountain, refrigerator, air conditioning unit or similar equipment re- quiring indirect connections to the sewer, each opening shall be considered as a fixture, and the fee for each such waste opening shall be 1.00 For each domestic hot water storage tank or range boiler 1.00 For each domestic hot water storage tank or range boiler including furnace coils and electric heating apparatus 1.00 For each water softener, or similar device connected to the water supply 1.00 For the reinspection of any work found de- fective or installed contrary to the re- quirements governing the installation of plumbing 5.00 All such fees shall be paid to the City Treasurer who shall issue his receipt therefor, and such re- ceipt shall be presented to the City Plumbing in- spector before any permit is issued to any person applying therefor. Section 25. New Permit Required: When a permit has been issued for plumbing work in no case shall additional work be put in or additional fixtures set without the approval of the chief plumbing inspector, and a new permit shall be ob- tained for all such additional work or fixtures. Section 26. Destroying Certificate or Notice: It shall be unlawful for any person, or persons, to willfully mutilate, deface, remove or destroy any certificate or notice placed upon the plumbing work of any building by a city plumbing inspector. Section 27. Inspection of Work: When a permit has been issued for plumbing work, the construc- tion of such plumbing shall be subject to the in- spection of the division of plumbing inspection at all times and the chief plumbing inspector may revoke such permit at any time when the work is not being done in accordance with the ordinances of the city or the rules and regulations of the local or state boards of health; and it shall be unlawful for any person to proceed further with said work without the written consent of the chief plumbing inspector. Section 28. Access to Buildings: Inspectors shall have access to all buildings for the purpose of examining and carrying into effect the provi- sions of the plumbing ordinances of the City of Dubuque, or the rules and regulations of the local or state boards of health. Section 29. Request for Inspection. That any person, firm or corporation doing plumbing work in the City of Dubuque shall, when work has been prepared for inspection, as provided for in this ordinance, notify the plumbing inspector that in- spection is required, giving location of the pre- mises, and the time that work will be ready for inspection, and if, upon inspection, the plumbing inspector finds the work not in accordance with the provisions of this ordinance, he shall notify the plumber doing the wlcor the owner of the pre- mises, by written letter o'r by posting written notices upon the premises, and such letter or such posting shall be all the notice required to be given of the defects in the work found upon inspection and such defects shall be corrected within three (3) days after notice is given. 64 Section 30. Covering or Using Before Inspec- tion; Prohibited: It shall be the duty of the plumber installing the work to see that no plumb- ing is covered or used until such work has been in- spected and approved by the plumbing inspector. Section 31. Variations from the Requirements of this Ordinance: When it is possible or imprac- tical to install plumbing in strict accordances with the plumbing ordances or the rules and regulations of the local or state boards of health, upon proper application, variations, which, in the opinion of the state department of health, are safe, will be per- mitted, and a special permit noting the variations will be issued and the fee for such installations shall be double the amount set out in Section 23 hereof. Section 3Z. Liability for Damages: None of the provisions of this ordinance whallbe construed to relieve or less the liability of any person, firm, or corporation owning, operating, controlling, in- stalling, or repairing any plumbing work or equip- ment where damages to any person or property are caused by any negligence or defects in the op- eration of installation thereof, Nor shall the City of Dubuque, or any of its inspectors be held as as- suming any liability by reason of the inspection authorized herein or the certificates or licenses issued. Section 33. The definitions of terms set out in the State Plumbing Code are hereby adopted as the definitions of the terms used in this ordinance and all plumbing hereafter done in the City of Dubuque shall be done in accordance with the State Plumbing Code except as follows: (a) Concrete pipe shall not be used to carry sewage except in main sewers. (b) All joints in vitrified clay pipe shall be made of an approved plastic. (c) No storm water drains or cistern overflow pipes shall be connected either directly or in- directly to a sanitary sewer. (d) A main shut-off on the water supply line shall be approximately one foot inside the curb line if there is a curb, otherwise, it shall be in the platted street close to the property line. An acces- sible shut-off shall be provided just inside the foundation wall and at the outlet side of the water meter, for the main supply line, for each sill cock and, in buildings over three stories in height, for each riser line. (e) Where cast iron soil pipe is used within the building, it shall be of a grade not less than "extra -heavy". (f) The use of asbestos cement pipe or bitumi- nous fibre pipe for house sewers shall not be per- mitted. (g) The use of aluminum pipe and fittings shall not be. permitted. Section 33A. The restrictions and regulations contained in Sections 15, 16 and 20 hereof shall apply to the installation of a house sewer. Section 34. Penalty. Any person, firm or cor- poration violating any of the provisions of this ordinance shall, upon conviction thereof, be fined in a sum not to exceed one hundred dollars ($100.00) or be imprisoned in the city jail not to exceed thirty (30) days. Part II. Legislative Section 1. Repeal: Ordinance No. 107, Ordi- nance No. 8-33 and Ordinance No. 4-33 Plumbers Sections 1, 2, 3 and 4 are hereby repealed. Section 2. Savings Clause: If any section, sub- section, sentence, clause or phase of this ordi- nance, for any reason, is held to be unconstitu- tional and invalid, such decision shall not affect the validity of the remaining portions of this or- dinance. The City Council of the City of Dubuque, hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phase thereof irrespective of the fact that anyone or more sections, subsections, sen- tences, clauses or phases may be declared uncon- stitutional or invalid. Section 3. Effective Date: This ordinance shall be in full forceand effect from and after April 15, 1955, and after its passage and after publication as provided by law. Adopted 4/4/55 Published 4/ 15/ 55 Amended 8/10/55 and 11/7/55 Ordinance No. 38-55 An Ordinance Regulating the Construction of Septic Tanks and other Private Sewage Disposal Sys- tems, and Providing a Penalty for the Violation thereof. Be it Ordained by the City Council of the City of Dubuque, Iowa: Section 1. No septic tank or other private sewage disposal system shall be constructed in the City of Dubuque unless a permit therefor has first been granted by the City Sanitary Inspector in the manner hereinafter provided. Section 2. Any person, firm or corporation de- siring to construct a private sewage disposal sys- tem within the City shall make application therefor to the City Sanitary Inspector showing the name and address of the owner, the applicant and the person who will perform the work, the description of the premises to be served and a plan showing the location and design of the septic tank and sec- ondary treatment, and the location of any wells within 75 feet of the premises. Section 3. If the Sanitary Inspector, after an inspection of the premises and plans, shall find (a) That the location and design is in accordance with the Regulations of the State Department of Health; (b) That the disposal plant is adequate for the premises to be served; (c) That it is not likely to create a nuisance to abutting property, and (d) That there is no public sewer within 200 feet of the premises, he shall issue a permit therefor and advise the Plumbing Inspector. Section 4. Notwithstanding the provisions of this Ordinance no such disposal plant shall be connected to any house drainage system except in accordance with the provisions of the Ordinances regulating plumbing. Section 5. Any person, firm or corporation violating the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not more than $100 or be imprisoned not more than 30 days. Adopted 6/27/55 Published 7/1/55 65 ORDINANCE NO. CHAPTER XVIII Zoning and Platting 3-34 (Zoning Ordinance) AMENDED as follows: Article Article Article Article Article Article Article Article Article II II IV V VI VII IX IX X Sec. 1 (i) Sec. 5 Sec. 1 (j) Sec. Sec. Sec. Sec. 1 1 a. v. amended by Ordinance No. amended by Ordinance No. amended by Ordinance No. amended by Ordinance No. amended by Ordinance No. amended by Ordinance No. amended by Ordinance No. amended by Ordinance No. amended by Ordinance No. Ordinance No. 57-51 (Trailer Ordinance) An Ordinance Amending Ordinance No.3-34 Enti- tled "The Zoning Ordinance of the City of Dubuque" by Adding New Subsections Thereto Defining "Trailers" and "Trailer Parks;" Providing Restrictions on the use of Premises for the Storage of Trailers and as Trailer Parks; and Providing a Penalty for the Viola- tion Thereof. Be it Ordained by the City Council of the City of Dubuque: Section 1. That Article II, Section 4 of Ordi- nance No.3-34 entitled "The Zoning Ordinance of the City of Dubuque" is hereby amended by adding a new subsection (e) thereto as follows: "Art.II Section 4 (e): The storage of not more than one unoccupied trailer, as hereinafter de- fined, shall be considered a proper accessory use provided the same shall not be used for living quarters or business purposes while so parked." Section 2. That Article V, Section 1 of said Ordinance No.3-34 is hereby amended by adding new subsections (j) and (k) thereto as follows: "Art.V, Section 1 - (j) Trailer Parks provided the same are de- signed, constructed and maintained in accordance with Article IX hereof. (k) Trailer Sales Lots." Section 3. That Article VI, Section 1 of said Ordinance No.3-34 is hereby amended by adding a new subsection (23) thereto as follows: "Article VI Section 1 - (23) Trailer Parks except those designed, con- structed and maintained in accordance with Arti- cle IX hereof." Section 4. That Article VII Section 1 of said Or- dinance No.3-34 is hereby amended by adding thereto a new subsection (52) thereto as follows: "Article VII Section 1 - (52) Trailer Parks except those designed, con- structed and maintained in accordance with Arti- cle IX hereof." 66 44-54 57-51 40-53 25-55 57-51 57-51 44-54 57-51 57-51 and 25-55 Section 5. That Article IX of said Ordinance No.3-34 is hereby amended by adding a new sub- section (v) thereto as follows: "Article IX (v) Trailer Parks. No premises shall be used for a Trailer Park unless and until the following conditions have been complied with: 1. The proprietor of such Trailer Park shall file with the Building Commissioner a plat of such proposed Trailer Park showing the following in- formation: (a) Location of sites for trailers. (b) Location and number of sanitary conven- iences to be used by occupants of trailers. (c) Plan for electrical distribution of lights to trailers. 2. The actual use of such premises shall con- form to such plat. 3. Each trailer park shall have erected there- on, at a distance not greater than two hundred (200) feet from any trailer site it is designed to serve, a suitable building for housing toilets and showers hereinafter required, which shall be provided with a floor of concrete or similar material impervious_ to water and properly drained. 4. There shall be provided and accessible at all times, separate toilet rooms for each sex. Each toilet room shall contain satisfactory lava- tories with hot and cold running water and toilets connected to the City sewer system. 5. Separate bathing facilities with hot and cold running water shall be provided for each sex with at least one shower head for every 15 persons. 6. Trailers shall be kept at least four (4) feet distant from any lot line, and ten feet from any trailer or other structure. 7. All other applicable ordinances of the City of Dubuque shall be complied with. 8. No premises shall be used for a Trailer Park unless and until a Certificate of Occupancy therefor has been issued. 9. The provisions of Article IX (a) shall not apply to use of premises as Trailer Parks." Section 6. That Article X of said Ordinance No.3-34 is hereby amended by adding thereto the following definitions: "Trailer. A Trailer is any vehicle or structure so designed and constructed in such manner as will permit occupancy thereof as sleeping quarters by one or more persons, or the conduct of any business or profession, occupation, or trade (or use as a selling or advertising device) and so designed that it is or may be mounted on wheels and used as a conveyance on highways or streets, propelled or drawn by its own or other motive power, but the word "trailer" shall not be construed to include any standard model automo- bile body designed to accommodate six or less pas- sengers. Trailer Park. A Trailer Park is any lot, par- cel or tract of land designed, maintained or in- tended for the purpose of supplying a location or accommodations for any Trailer, or upon which any Trailer is parked and shall include all buildings used or intended for use as part of the equipment thereof whether charge is made for the use of the Trailer Park and its facilities or not. Trailer Sales Lot. A Trailer Sales Lot is any lot, parcel or tract of land on which unoccupied Trailers are parked for purpose of inspection and sale only." Section 7. This Ordinance shall be in full force and effect from June 15, 1952 and after its final passage, adoption and publication as by law pro- vided. Adopted December 3, 1951. Published December 7, 1951. Ordinance No. 47-51 An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Ordinance No.3-34 so as to Change the Below Described Area from its Present Classification to Two Family Residence District Classifica- tion. Whereas the Planning and Zoning Commission has recommended to the City Council that the following described area be changed from its present classification to Two Family District Classification, to -wit: Lots 7 to 20 inclusive of Finleys Addition in the City of Dubuque, Iowa, including any or all subdi- visions of said lots; Now Therefore, be it Ordained by the City Council of the City of Dubuque, Iowa: Section 1. That the Zoning Map and Ordinance No.3-34 known as the Zoning Ordinance be and the same is hereby amended by changing the above de- scribed area from its present classification to Two Family Residence District Classification. Adopted December 3, 1951. Published December 10, 1951. Ordinance No. 64-51 An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as Provided by Ordi- nance No. 3-34 so as to Change the Below De- scribed Area from Its Present Classification to Two Family Residence District Classification. Whereas the Planning and Zoning Commission has recommended to the City Council that the fol- lowing described area be changed from its present classification to Two Family District classifica- tion, to -wit: Lots 7 to 20, inclusive, of Finleys Ad- dition in the City of Dubuque, Iowa, including any or all subdivisions of said lots; and Whereas notice of such proposed change has been published as provided by law and an oppor- tunity afforded to all interested parties and citizens to be heard thereon at a public meeting held at 7:30 o'clock p.m. on the 7th day of January, 1952, at the Council Chambers in the City Hall; and Whereas no objections have been filed or made to the proposed change; Now Therefore Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Ordinance No. 3-34, known as the Zoning Ordinance, be and the same is hereby amended by changing the above described area from its present classification to Two Family Residence District classification. Adopted 1/7/52 Published 1/11/52 Joint Resolution No. 52-52 Regulating and Restricting the Height of Structures and Objects of Natural Growth and Otherwise Regulating the Use of Property in the Vicinity of the Dubuque Municipal Airport by Creating Air- port Approach and Turning Zones, and Estab- lishing the Boundaries Thereof and Height and Use Limitations Therein; Providing for Vari- ances from the Restrictions and Boundaries of Such Zones; Defining Certain Terms Used Here- in; Providing for Enforcement; Establishing a Board of Adjustment; and Imposing Penalties. In pursuance of the authority conferred by Chap- ters 329, 330 and 414 of the Code of Iowa, 1950, and amendments thereto and for the purpose of promoting the public health, safety and general welfare of the inhabitants of the City of Dubuque and the County of Dubuque, Iowa, by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of the users of the Dubuque Municipal Airport and of oc- cupants of land and other persons in the vicinity thereof and preventing the destruction of impair- ment of the utility of said airport and the public investment therein. Be it Resolved by the Board of Supervisors of Dubuque County and by the City Council of the City of Dubuque: Article I. Short Title Section 1. This resolution shall be known and may be cited as the Dubuque Municipal Airport Zoning• Resolution. Article II. Definitions Section 1. As used in this resolution, unless the context otherwise requires, certain terms and words shall be construed as provided in this 67 Article. Words used in the present tense shall include the future and the singular shall include the plural and the plural shall include the singular. Section 2. "Airport" means the Dubuque Munic- ipal Airport and the lands embraced by the follow- ing description, to wit: Lot 1 of the Southeast Quarter of the Northwest Quarter, West one-half of the Northwest Quarter and the Southwest Quarter of Section 26; the North- east Quarter, the East one-half of the Northwest Quarter and the Southeast Quarter of Section 27; the Northeast Quarter of Section 34; Lot 1 of the Northwest Quarter of the Northwest Quarter, Lot 2 of the Northeast Quarter of the Northwest Quarter and Lot 1 of the Northeast Quarter of the North- west Quarter of Section 35 all in Township 88 North, Range 2 East of the 5th Principle Meridian. Section 3. "Airport Hazard" means any struc- ture, tree or use of land which obstructs the air space required for the flight of aircraft in landing or taking -off at the airport or is otherwise haz- ardous to such landing or taking -off of aircraft. Section 4. "Non -conforming" as applied to any structure, tree or use of land, means that which does not conform to the regulations prescribed in this resolution or amendments thereto as of the ef- fective date thereof. Section 5. "Person" means any individual, firm, partnership, corporation, company, association, joint stock association or body politic and includes any trustee, receiver, assignee or other similar representative thereof. Section 6. "Structure" means any object con- structed, deposited or installed by man, including, but without limitation of the general meaning of said term, buildings, towers, smokestacks, over- head transmission lines and the supports therefor. Section 7. "Trees" means any object of natural growth. Section 8. "Horizontal surface" means a sur- face or plane 1230 feet above sea level. Section 9. "Obstruction" means any tangible, inanimate object, natural or artificial, protruding above the ground. Section 10. "Usable Landing Area" means that portion of the airport which is used or intended to be used for actual landings or take -offs of aircraft at the airport and described as follows: A strip of land 500 feet in width, 250 on each side of a cen- terline described as follows: Commencing at the North Quarter corner of Section 34, Township 80 north, Range 2 East, thence South 195.0 feet, thence East 555.5 to point of beginning, thence North 4,900.0 feet; said strip being the North -South land- ing strip together with a strip of land 500 feet in width, 250 feet on each side of a centerline de- s'cribed as follows: Commencing at the North Quarter corner of Section 34, Township 88 North, Range 2 East, thence East 3,648.4 feet, thence North 561.1 feet to point of beginning, thence North 45° 00 feet West 5,600.00 feet; said strip being the NW -SE landing strip. Section 11. "Board" means the Airport Zoning Board of Adjustment created by the provisions of Article VI of this resolution. Section 12. "Airport Reference Point" means that point from which the boundaries of the hori- zontal surface and the conical surface are meas- ured, said airport reference point being as follow- ing described: Starting at the North Quarter cor- ner of Section 34, Township 88 North, Range 2 East of the 5th P.M.; thence North 2,255.0 feet; thence East 1,365.0 feet to a point; said point being here- by designated as the airport reference point. Article III. Airport Zones Section 1. In order to carry out the purpose of this resolution, airport approach zones and turn- ing zones are created by this Article embracing the area in and around the boundaries of the air- port, which zones shall be as provided in this Ar- ticle. Section 2. Non -instrument approach zones are hereby established extending in a northerly direc- tion and in a southerly direction beginning 200 feet outward from the north end and the south end re- spectively, of the paved portion of the North -South runway as the same is now in place on the airport and designated as runway 18-36. Said North -South runway being 150 feet in width and with a center- line coincident with the centerline of the North - South landing strip as the same is described in Article II, Section 10 of this resolution; and extend- ing in a northwesterly direction and in a south- easterly direction beginning 200 feet outward from the northwest end and the southeast end, respec- tively, of the paved portion of the northwest -south- east runway as the same is now in place on the air- port and designated as runway 13-31. Said north- west -southeast runway being 150 feet in width and with a centerline coincident with the centerline of the northwest -southeast landing strip as the same is described in Article II, Section 10 of this reso- lution. Such non -instrument approach zones shall be bounded on the ground by the following lines: (a) A straight line 200 feet outward from the run- way end, perpendicular to the extended centerline of said runway and extending a distance of 200 feet on each side of the extended centerline of the said runway, (b) a straight line at the opposite end of said zone 10,200 feet outward from the runway end, perpendicular to the extended centerline of said runway and extending a distance of 1,200 feet on each side of the extended centerline of the said runway, and (c) two straight lines connecting the ends of the aforesaid lines which extend to the same side of the projected centerline of said run- way. Section 3. Turning zones are hereby established containing all of the area bounded on the ground by a circular line, all points of which are 12,000 feet from the airport reference point. Article IV. Height Limitations Section 1. Except as otherwise provided in this resolution no structure or tree shall be erected, created, established, planted or allowed to grow in any zone, described in Article III of this resolution to a height in excess of the height limits estab- lished by this Article for the respective zones, nor shall any non -conforming structure or tree be so replaced, rebuilt, altered, allowed to grow higher, or replanted in any such zone as to extend to a greater height than the height thereof prior to such change or as to constitute a greater airport hazard than it was at the time of the adoption of the regu- lations herein contained or any amendments there- to. Section 2. No obstruction in a non -instrument approach zone shall project above a sloping plane beginning at the runway end of said zone and at an elevation identical to the elevation of the runway end at the centerline, and extending upward and out- ward therefrom to the outer end of said zone, ris- ing at the rate, of one foot vertically for each forty feet horizontally. Section 3. No obstruction in the turning zone shall project above the horizontal surface, conical surface or transitional surfaces, which surfaces comprise said turning zone and are described as follows: (a) the horizontal surface is a plane, cir- cular in shape, with an elevation of 1230 feet above sea level and bounded on all sides by a circular line, all points of which are 7,000 feet, measured horizontally, from the airport reference point, (b) the conical surface extends upward and outward from the periphery of the horizontal surface, ris- ing at a rate of one foot vertically for each 20 feet horizontally measured in a vertical planes passing through the airport reference point. The outside boundary of the conical surface is a circular line, all points of which are 12,000 feet, measured hori- zontally, from the airport reference point (c) the transitional surfaces are inclined planes sloping upward and outward to an intersection with the transitional surface or conical surface at the rate of one foot vertically for each seven feet hori- zontally, measured in vertical planes perpendicu- lar to the centerlines of the runways. The transi- tional surfaces, symmetrically located on each side of each runway, extend upward and outward from lines on either side of each runway, which are parallel to and level with the respective run- way centerlines and at a distance of 200 feet from said centerlines. Transitional surfaces also ex- tend upward and outward from the sides of all ap- proach zone surfaces as same are described in Section 2 of this Article. Section 4. In addition to the height limitations above provided, no obstruction shall project above the horizontal surface in any of the zones described in Article III of this resolution. Article V. Restrictions on Use of Land and Non -Conforming Uses Section 1. Notwithstanding any other provisions of this resolution, no use may be made of land in any of the zones described in Article III of this resolution, in such a manner as to create electrical interference with radio communications between aircraft and ground stations, make it difficult for operators of aircraft to distinguish between lights on the airport intended for aid in landing or taking - off thereat or in aerial navigation, and other lights result in glare to the eyes of the operators of air- craft using the airport, impair visibility in any of said zones or otherwise make hazardous the land- ing or taking -off of aircraft at the airport or the maneuvering of aircraft in connection with such landings or take -offs, provided, however, that the mere height of trees or structures on any land in said zones conforming to the height restrictions prescribed in Article IV of this resolution shall not constitute a use of land in violation of this sec- tion. Section 2. Non -conforming uses. The regula- tions prescribed in this resolution shall not be so construed as to require the removal, lowering, changing or altering of any non -conforming struc- ture or tree nor as to otherwise interfere with any non -conforming use of land nor as to require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this resolution and which is diligently prosecuted and completed within one year from the date there- of, provided, however, that the owner of any non- conforming structure or tree is hereby required to permit the city of Dubuque and Dubuque County or either of them, at the expense of such city or county to install, operate and maintain thereon such markers and lights as shall be deemed by such city or county to be necessary to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport hazards. Article VI. Airport Zoning Board of Adjustment Section 1. An Airport Zoning Board of Adjust- ment is hereby established which shall consist of five members, two to be selected by the council of the city of Dubuque, two to be selected by the Board of Supervisors of Dubuque county and an ad- ditional member who shall act as Chairman of the Board to be selected by a majority vote of the members selected by the city of Dubuque and the county of Dubuque. The terms of the members of the Board shall be for five years except that when the Board shall first be created, of the members appointed by each municipality, one shall be ap- pointed for a term of two years and one for a term of four years. Section 2. The procedure and the conduct of the affairs of the Board shall be in accordance with the provisions of Section 414.9, Code of Iowa, 1950. Section 3. Appeals to the Board may be taken by any person aggrieved or by an officer, department, board or bureau of any municipality or political subdivision affected by any decision of any admini- strative officer acting under the terms and provi- sions of this resolution. Such appeal shall be taken within a reasonable time as provided by the rules of the board by filing with the officer from whom the appeal is taken and with the board a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. Section 4. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of ap- peal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or prop- erty. In each case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application on notice to the officer from whom the appeal is taken to the board and to the appellant and on due cause shown. Section 5. Powers. The Board of Adjustment shall have the following powers: 69 68 (a) To hear and decide appeals where it is al- leged there is error in any order, requirement, decision or determination made by an administra- tive official in the enforcement of this resolution. (b) To authorize in specific cases such variances from the terms of this resolution as will not be contrary to the public interest, when the board. shall find that owing to special conditions a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship, if the variances are in harmony with the general purpose and intent of this resolution and Chapter 3Z9 of the 1950 Code of Iowa and would do substantial justice. The board in allowing vari- ances may impose such reasonable conditions as it may deem necessary to effectuate the purposes of this resolution including the reservation of the right to the City of Dubuque and Dubuque County or either of them at the expense of such city or county to install, operate and maintain such mark- ers and lights as such city or county shall deem to be necessary to indicate to the operators of air- craft in the vicinity of the airport, the presence of an airport hazard. Section 6. Every variation granted or denied by the board shall be accompanied by a written finding of fact based upon sworn testimony and evidence specifying the reasons for granting or denying the variation. Section 7. In exercising its powers on appeal, the board may reverse or affairm wholly or partly or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all of the powers of the officer from whom the appeal is taken. Section 8. The concurring vote of a majority of the board shall be necessary to reverse any order, requirement, decision or determination of any ad- ministrative official or to decide in favor of the ap- plicant on any matter on which it is required to pass under this resolution or to effect any varia- tion from the terms thereof. Section 9. Review of decisions of the Board of Adjustment shall be in accordance with Sections 414.15 to 414.19 inclusive of the 1950 Code of Iowa. Article VII. Enforcement Section 1. The regulations prescribed by this resolution shall be administered and enforced by the Airport Zoning Commission constituted by a joint resolution of the City of Dubuque, No. 90-51 enacted 3/5/51 and resolution by the Board of Supervisors of Dubuque County adopted 3/13/51. Such commission may select an Administrator of Airport Zoning Regulations to assist in the per- formance of its duties, none of whom shall be mem- bers of the Board of Adjustment. Section 2. Each violation of the regulations prescribed by this resolution or of any order or ruling promulgated hereunder shall constitute a misdemeanor and the perpetrator thereof upon conviction shall be punished by a fine of not to ex- ceed $100.00 or by imprisonment for a term not to exceed thirty days; and each day a violation con- tinues to exist shall constitute a*separate offense. Article VIII. Conflicting Regulations Section 1. In the event of any conflict between the requirements of this resolution and any other regulations applicable to the same area, the more stringent limitation or regulation shall govern and prevail. Article IX. Severability Section 1. If any of the provisions of this reso- lution or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this resolution which can be given effect without the in- valid provision or application, and to this end, the provisions of this resolution are declared to be severable. Article X. Effective Date Section 1. This resolution shall be in full force and effect upon its passage by the City Council of the City of Dubuque and by the Board of Supervi- sors of Dubuque County and upon its publication as provided by law. Adopted by the Board of Supervisors of Dubuque County, Iowa, 3/4/52. Adopted by the City Council of Dubuque, Iowa, 3/3/52. Published 3/14/52 Ordinance No. 13-52 An Ordinance Amending and Changing the Zoning Map of the City of Dubuque, Iowa, as Provided by Ordinance No. 3-34, Designated "Zoning Or- dinance of the City of Dubuque" so as to Provide Zoning Classification for the area recently an- nexed to the City. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be, and the same is hereby amended and changed so as to include all of the area annexed to the City by Decree of the District Court of Iowa in and for Dubuque County dated February 7, 1952 in Equity Cause No. 33339, entitled City of Dubuque, Iowa vs. LeRoy Stoffel, et al; Section 2. That all of said area, except the por- tions described in Sections 3 and 4 hereof, is here- by classified and designated "Single Family Resi- dence District"; Section 3. That the following described areas are hereby classified and designated "Local Busi- ness Districts": (a) Commencing at a point on the northwest cor- ner of the intersection of Carter Road and Asbury Road northerly one hundred feet along the westerly edge of Carter Road, thence westerly five hundred and eighty-three feet (583 0) on a line parallel to and one hundred feet (100 1) northerly of the Asbury Road, thence southerly one hundred feet (100 1) to the northerly edge of Asbury Road, thence easterly five hundred and eighty-three feet (583 !) along the northerly line of the Asbury Road to the point of be ginning. (b) Commencing at the northeasterly corner of Lot 2 of 1 of 1 of 1 of 1 of Lot 152 Finley, Waples and Burtons Addition, thence southwesterly along the southeasterly side of the Delhi Road a distance of three hundred and fifty feet (350 1), thence south- easterly at a right angle to the Delhi Road a dis- tance of one hundred feet (1001), thence three hun- dred and fifty feet (350 0 northeasterly on a line parallel with Delhi Road to the easterly lot line of Lot 2 of 1 of 1 of 1 of 1 of Lot 152 Finley, Waples and Burtons Addition, thence northwesterly one hundred feet (100 0) to the place of beginning; (c) On the northerly side of the Delhi Road westerly from the intersection of Lenox Avenue and Delhi Road an area composed of Lots two to nine inclusive and lots forty-seven to fifty inclusive all in Lenox Addition. Section 4. That the following described area is hereby classified and designated "Business Dis- trict": Commencing at the westerly city limits line and the center line of U. S. Highway No. 20, thence south to a point two hundred and five feet (205 1) south of the center line of U. S. Highway No. 20, thence southeasterly along a line parallel to and two hundred and five feet (2051) south of the center line of U. S. Highway No. 20 to the west line of Lot 1 of 2 of 1 of 1 of George Jecklin Farm, thence southwesterly along the west line of said Lot 1 of 2 of 1 of 1 of George Jecklin Farm for a distance one hundred and seventy-five feet (1751), thence southeasterly along a line three hundred and eighty feet (380 0) south of and parallel to the center line of U. S. Highway No. 20 for a distance of three hundred feet (3001), thence northerly along the easterly line of Lot 1 of 2 of 1 of 1 of George Jeck- lin Farm to the northeast corner of said Lot, thence easterly two hundred and five feet (205 1) south of and parallel to U. S. Highway No. 20 to the east line of Section 27, Township 89, North, Range 2, East, thence north along said Section line to the center line of U. S. Highway No. 20, thence northerly along said Section line a distance of two hundred and sixty feet (2600), thence westerly along a line two hundred and sixty feet (260 1) north of and parallel to U. S. Highway No. 20 to the wester- ly City Limits line, thence south along the wester- ly City Limits line two hundred and ninety feet (290 1) to the center line of U. S. Highway No. 20 to the point of beginning. Adopted 4/7/52 Published 4/14/52 Ordinance No. 24-52 An Ordinance Amending and Changing the Zoning Map of the City of Dubuque, Iowa, as Provided by Ordinance No. 3-34, so as to Change the Zoning Classification of the hereinafter described area lying in the vicinity of Garfield Avenue and Stanton Street from Light Industrial District to Two Family Residence District Classification. Now T-herefore, Be it Ordained by the City Council of the City of Dubuque, Iowa: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be and the same is hereby amended as follows: The area described as all the present Light Industrial District between Garfield Avenue and the alley first easterly from Hamilton Street to Stanton Street; and the area be- tween Garfield Avenue and the C.M.St.P.&P.R.R. tracks to the east, from Stanton Street to Shiras Street; and the area from Shiras Street to Farragut Street, between the alley first westerly of Garfield Avenue and the C.M.St.P.&P.R.R. tracks, to the easterly side of Garfield Avenue, is changed to two Family Residence District Classification. Adopted 7/7/52 Published 7/11/52 Ordinance No. 25-52 An Ordinance Amending and Changing the Zoning Map of the City of Dubuque, as Provided by Or- dinance No. 3-34, Designated "Zoning Ordi- nance of the City of Dubuque," so as to Change from Single Family Residence District to Two Family Residence District, the Hereinafter Described Area in the Vicinity of West Twenty- eighth Street and Broadway Street. Now Therefore, Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque, be and it is hereby amended and changed as follows: The area begin- ning at a point at the center line of West Twenty- eighth Street, one hundred feet westerly of the westerly line of Central Avenue, thence northerly along a line one hundred feet westerly and parallel to Central Avenue a distance of two hundred feet, thence westerly along a line two hundred feet northerly and parallel to West Twenty-eighth Street to its intersection with the center line of Davenport Street; thence northerly along the cen- ter line of Davenport Street to the center line of Sabula Street; thence westerly along the center line of Sabula Street to the center line of Musca- tine Street; thence southerly along the center line of Muscatine Street to the center line of Putnam Street; thence easterly along the center line of Putnam Street to the center line of Broadway Street; thence northerly along the center line of Broadway Street to a point two hundred feet south- erly of the center line of West Twenty-eighth Street; thence easterly along a line two hundred feet southerly and parallel to West Twenty-eighth Street to a point one hundred feet westerly of Cen- tral Avenue; thence northerly along a line one hundred feet westerly and parallel to the westerly line of Central Avenue a distance of two hundred feet to the center line of West Twenty-eighth Street the point of beginning, is hereby changed from single family district classification to two family residence district classification. Adopted 7/7/52 Published 7/11/52 Ordinance No. 32-52 An Ordinance Amending and Changing the Zoning Map and Zoning Ordinance of the City of Dubuque. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be amended by changing from local business district classifica- tion to business district classification the area 71 70 bounded by Nevada Street, Booth Street, University Avenue and Forrest Lane. Adopted 9/2/52 Published 9/5/52 Ordinance No. 34-52 An Ordinance Amending the Zoning Map and Zoning Ordinance by Changing the Classification of Lot 5 in Hodge's Subdivision. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be and the same is hereby amended by changing the classification of Lot 5 in Hodge's Subdivision from its present single family residence district classification to local business district classification. Adopted 11/3/52 Published 11/10/52 Ordinance No. 3-53 An Ordinance Amending and Changing the Zoning Map of the City of Dubuque, as Provided by Ordinance No. 3-34, Designated the Zoning Ordinance, so as to Change the herein described Area from Single Family Residence District Classification to Two Family Residence Clas- sification. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map of the City of Dubuque, as provided by Ordinance No. 3-34, des- ignated the Zoning Ordinance, be and the same is hereby amended and changed by changing from single family district classification to two family district classification, the following described area, to -wit: Beginning at a point on the south line of Loras Boulevard, one hundred and fifty feet easterly of the east line of Mt. Pleasant Street; thence easterly along the south line of Loras Boulevard to a point one hundred feet easterly of the east- erly line of Glen Oak Street; thence southerly along a line one hundred feet easterly and par- allel to the easterly line of Glen Oak Street to a point one hundred feet north of the north line of University Avenue; thence westerly along a line one hundred feet north of and parallel to the north line of University Avenue to a point orie hundred and fifty feeteasterly of the east line of Mt. Pleasant Street; thence northerly along a line one hundred and fifty feet east of and parallel to the east line of Mt. Pleasant Street to the south line of Loras Boulevard, which is the point of beginning. Adopted 2/2/53 Published 2/6/53 Ordinance No. 11-53 An Ordinance Amending and Changing the Zoning Map of the City of Dubuque, as provided by Ordinance No. 3-34 designated the "Zoning Ordinance", so as to Change the herein Described Area from Two -Family Residence District Classification to Multiple -Family Residence District Classification. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map of the City of Dubuque, as provided by Ordinance No. 3-34 designated the "Zoning Ordinance" be and the same is hereby amended and changed by changing from Two -Family Residence District Classifica- tion to Multiple -Family Residence District Clas- sification, the following described portions of Mississippi Heights Subdivision, to -wit: Lots 4 to 22 inclusive, and Lots 25 and 26, all in Mississippi Heights Subdivision; Adopted 6/1/53 Published 6/5/53 Ordinance No. 40-53 An Ordinance Amending the Zoning Ordinance of the City of Dubuque by Repealing Sub -section "j" of Section 1 of Article 4 of the Zoning Or- dinance of the City of Dubuque and Enacting Substitutes Therefor to Authorize Additional Uses in the Multiple Residence District. Be it Ordained by the City Council of the City of Dubuque: Section 1. That Sub -section j of Section 1 of Article 4 of Ordinance No. 3-34, designated "Zon- ing Ordinance" of the City of Dubuque be and the same is hereby repealed. Section 2. That Section 1 of Article 4 of Or- dinance No. 3-34 is hereby amended by adding a new Sub -section "j" thereto as follows: "j. Professional office or studio of a physician, surgeon, doctor, dentist, architect, musician, law- yer or similar profession, within the following described area: Beginning at a point on the east line of Bluff Street one hundred feet north of the north line of West Ninth Street, thence east to the center line of the alley first east of Bluff Street, thence north along the center line of the alley first east of Bluff Street to the center line of West Eleventh Street, thence east on the center line of West Eleventh Street to the center line of the alley between Locust and Main Streets, thence north on the center line of the alley between Main and Locust Streets to a point one hundred feet south of West Fifteenth Street, thence west along a line one hundred feet south of West Fifteenth Street to the center line of Bluff Street, thence south along the center line of Bluff Street to the center line of Loras Bou- levard; thence west along the center line of Loras Boulevard one hundred feet west of the west line of Bluff Street, thence south along a line one hundred feet west and parallel to the west line of Bluff Street to a point one hundred feet north of the north line of West Ninth Street extended, thence east along a line one hundred feet north of the north line of West Ninth Street extended to a point on the east line of Bluff Street one hundred feet north of the north line of West Ninth Street which is the point of be- ginning, and the area further described: Be- ginning at the point of intersection of the center lines of Loras Boulevard and Walnut Street, thence east on the center line of Loras Boule- vard to a point one hundred and twenty feet east of east line of Prairie street, thence south on a line one hundred and twenty feet east of the east line of Prairie Street to the center line of the alley first south of Loras Boulevard, thence west along the center line of the alley first south of Loras Boulevard to the center line of Prairie Street, thence south along the center line of Prairie Street to the point of intersection of the center lines of Prairie Street and Chest- nut Street, thence west along the center line of Chestnut Street to the point of intersection of the center lines of Chestnut Street and Walnut Street, thence north along the center line of Walnut Street to the center line of Loras Bou- levard, which is the point of beginning, provided that no goods are publicly displayed on the premises, and that no sign or advertisements are shown other than the name and profession of the person using the office or studio, and such sign or nameplate shall not exceed five (5) square feet in area." Section 3. That Section 1 of Article 4 of Ordi- nance No. 3-34 is hereby amended by adding a new sub -section "k" thereto as follows: "k. Accessory uses on the same lot customar- ily incident to any of the above permitted uses." Adopted 6/23/53 Published 6/29/53 Ordinance No. 44-54 An Ordinance Amending Ordinance No. 3-34, known as the Zoning Ordinance, by repealing Section 1 (i) of Article II thereof and enacting a substitute therefor and by repealing Section "a" of Article IX thereof and enacting a substitute therefore. Be it Ordained by the City Council of the City of Dubuque: Section 1. That Section 1 (i) of Article II of Ordinance No. 3-34, known as the Zoning Ordinance, be and the same is hereby repealed and the follow- ing enacted in lieu thereof: "Article II 1 (i) Within a main building, the office or studio of a surgeon, physician, architect, dentist, attorney, or musician, residing in such main build- ing and employing in said office not more than one non-resident assistant, provided no goods are publicly displayed on the premises and no sign or advertisement are shown other than a sign not more than one square foot in area bearing the name and profession of the person using the office or studio." Section 2. That Section a. of Article _IX of Or- dinance No. 3-34, known as the Zoning Ordinance, be and the same is hereby repealed and the follow- ing enacted in lieu thereof: "Article IX a. The lawful use of any building, structure or land existing on January 23, 1934, may be con- tinued, although such use does not conform with the provisions of this Ordinance, subject to the following conditions: 1. Except as hereinafter provided in sub- section a.4 hereof, whenever, subsequent to the enactment of this amendment, any building or struc- ture has been altered, improved, repaired or re- constructed and the aggregate cost of such work ex- ceeds fifty per cent (50%) of the assessed value of such building or structure before such work was done, it shall thereafter be used only in such man- ner as to conform to all of the provisions of this manner as to conform to all of the provisions of this Ordinance. 2. A non -conforming use shall not be extended or changed, except as hereinafter provided in sub- section 3, but the extension of a lawful non- conforming use to any portion of a building or structure that was arranged or designed for such non -conforming use and existed on January 23, 1934, shall not be deemed the extension of such use. 3. A lawful non -conforming use may be extended or changed to a different use permitted within the classification of the existing use, if the Board of Adjustment shall determine, after a public hearing of which published notice has been given, that such use will meet a community need without adversely affecting the neighborhood; and that such extension or change will not defeat the spirit and intent of this ordinance as expressed in the preamble. 4. Whenever, subsequent to the enactment of this amendment, the owner of any building or structure in which a lawful non -conforming use exists, shall desire to alter, improve, repair or reconstruct such building or structure to an extent exceeding in aggregate cost fifty per cent (50%) of the assessed value of such building or structure and continue such non -conforming use or any other use permitted within the classification of the exist- ing use, he may apply to the Board of Adjustment for permission so to do and if the Board of Adjust- ment shall determine after a public hearing, of which published notice has been given, that ade- quate yard spaces and other safeguards to preserve the character of the neighborhood will be provided; that such use will meet a community need without adversely affecting the neighborhood; and that such use will not defeat the spirit and intent of this ordinance as expressed in the preamble, such per- mission shall be granted. 5. Whenever the lawful non -conforming use of a building, structure or land has been abandoned, such building, structure or land shall thereafter be used only in such manner as to conform to all of the provisions of this Ordinance. A non- conforming use shall be considered abandoned when the intent of the owner to discontinue the use is apparent, or when the characteristic equipment and furnishings of the non -conforming use have been removed from the premises and have not been replaced by similar equipment within twelve (12) months, or when it has been replaced by a con- forming use, or when it has been changed to another use under permit from the Board or Adjustment. 6. Nothing in this ordinance shall be interpreted as authorization for or approval of the continuance of the.use of a structure or premises in violation of the zoning regulations in effect at the time of the effective date of this amendment. 7. Upon the effective date of this amendment, or as soon thereafter as practical, the Building 72 73 Commissioner shall issue a "Certificate of Non - Conforming Use" to all owners of property upon which a lawful non -conforming use existed at the time of the enactment of this amendment, which certificate shall show, among other things, the name of the owner, the legal description of the property, and use being made of the property at the time of issuance. Whenever, because of a change in the Zoning Map, or the Zoning Ordinance, a lawful conforming use shall become a non -con- forming use, the Building Commissioner shall similarly issue a "Certificate of Non -Conforming Use" to the owner of such property upon request. Copies of such Certificates shall be retained in the office of the Building Commissioner. 8. Whenever, because of a change in the Zoning Map or Zoning Ordinance, a lawful conforming use shall become a non -conforming use, the provisions of this section shall apply." Adopted 7/ 20/ 54 Published 7/27/54 Ordinance No. 46-54 An Ordinance Amending and Changing the Zoning Map of the City of Dubuque, as provided by Ordinance No. 3-34 designated the Zoning Ordinance, so as ot change the herein described Area from Multiple and Two Family Residence District Classification to Business District Classification. Be it Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the Zoning Map of the City of Dubuque, as provided by Ordinance No. 3-34, designated the Zoning Ordinance, be and the same is hereby amended and changed by changing from its present Multiple and Two -Family Residence District Classification to Business District Classi- fication the property described as follows: Beginning at a point 58.1 feet north of the north- erly line of Dodge Street on the westerly line of Bluff Street, which is the southeast corner of Lot 1 of Lot 2 of City Lot 598, thence northerly along the westerly line of Bluff Street to the northerly line of City Lot 599; thence westerly 261.3 feet along the northerly line of City Lot 599 to the northwest corner of City Lot 599; thence southerly along the westerly line of City Lot 599 and City Lot 599A and extending tangent to the same line to a point one hundred feet northerly of the northerly line of Dodge Street, which is a point on the northerly line of the pres- ent business district; then southeasterly to the southeast corner of Lot 1 of Lot 2 of City Lot 5'98 on the westerly line of Bluff Street, which is the point of beginning. Adopted 8/ 2/ 54 Published 8/6/54 Ordinance No. 49-54 An Ordinance Amending and Changing the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, so as to Change the hereinafter described property lying on the north side of Grace Street from Single -Family District Classification to Two -Family District Classi- fication. 74 Be it Ordained by the City Council of the City of Dubuque, Iowa: Section 1. That the Zoning Map and Zoning Ordinance of the City of Dubuque be and the same is hereby amended by changing Lots 21 to 27, inclu- sive in Rache's Subdivision in the City of Dubuque, including the Subdivisions of said Lots, from Single - Family District Classification to Two -Family Dis- trict Classification. Adopted 8/10/54 Published 8/ 16/ 54 Ordinance No. 25-55 An Ordinance amending Ordinance No. 3-34 known as the Zoning Ordinance by repealing Article V there VB; and, amending Article X thereof and enacting new Articles VA and by adding defini- tions of "Drive -In" and "Drive -In Restaurants." Be it Ordained by the City Council of the City of Dubuque, Iowa: Section 1. That Article V of Ordinance No. 3-34 known as the "Zoning Ordinance" be and the same is hereby repealed. Section 2. That Ordinance No. 3-34 known as the Zoning Ordinance be and the same is hereby amended by adding a new Article VA thereto as follows: ARTICLE VA LOCAL BUSINESS DISTRICT A Section 1. Use Regulations. No building or premises shall be used and no building or structure shall be erected or altered to be used in whole or in part, unless otherwise pro- vided for in this ordinance, except for the following purposes: (a) Uses permitted in a Multiple Residence Dis- trict. (b) Retail store except those retail stores en- gaged in a business hereinafter specifically men- tioned in a lower Zoning Classification. (c) Professional office building for physicians, surgeons, dentists, architects, attorneys or simi- lar professions. (d) Bank or financial institutions. (e) Storage garage. ( f) Personal Service Establishments. (g) Sign Boards and electric signs, indicating the name and character of business' transacted or pro- fession practiced on the premises, attached to the building or structure, but not suspended or pro- jected more than six (6) feet therefrom, or pro- jecting more than eight (8) feet above the roof. Section 2. Height Regulations. No building shall be erected or altered to exceed in height thirty (30) feet. Unoccupied towers, spires and domes are excepted. Section 3. Area Regulations. No building shall be erected or altered except in conformance with the following provisions: (a) Front Yard. A front yard having a mean depth of not less than fifteen (15) feet is required on every lot. When a lot is used in whole or in part for business purposes there shall be provided next to the building front a public sidewalk not less than five (5) feet in width and connected with adja- cent sidewalks, and a parking space for motor vehicles between such sidewalk and the street line. This parking space shall be made directly accessible from the street for its entire length. (b) Side Yards. On every lot used exclusively for residential purposes side yards are required each with a minimum width of four (4) feet and such side yards shall be increased in width by one (1) foot for each additional story above the first. On a corner lot used for business purposes the side yard adjacent to the side street shall be a minimum of four (4) feet in width. (c) Rear Yards. A rear yard is required on every lot which shall be of a mean depth of not less than ten (10) feet and shall be increased by two (2) feet for each additional story above the first. (d) Courts. All courts is residential structures shall conform to the requirements of the Housing Law, State of Iowa. Courts for other than resi- dential structures shall be governed by the Build- ing Code of the City of Dubuque. (e) Lot Area Per Family. No dwelling shall be erected or placed on a lot containing less than the following minimum lot area per family: One family dwelling - five thousand (5000) square feet. Two family dwelling - one thousand two hundred and fifty (1250) square feet per family. Apartment house - one thousand two hundred and fifty (1250) square feet per family. Nothing in the area regulations of this ordi- nance relating to lot area per family shall be held to prohibit the erection of a one family dwelling upon a lot, the area of which is less than that prescribed as the minimum lot area per family, provided such lot was held under separate owner- ship from the adjacent lots and a record plat of lots or subdivision of property shows such lot to be separate and distinct at the time of the passage of this ordinance. Adjacent lots held by the same owner at time of passage of this ordinance shall be replated to provide the required lot area per family before any building is erected or placed thereon. Section 4. Accessory Uses. (a) Rear Yard Area Occupiable by Accessory Uses. Accessory buildings may occupy not to ex- ceed forty (40) per cent of the area of the rear yard. (b) Private Garages. A Private garage not ex- ceeding fifteen (1.5) feet in height may provide storage for not more than four (4) motor vehicles. (c) Location of Accessory Buildings. No part of any accessory building shall be nearer than thirty (30) feet to any front street line or nearer than three (3) feet to any side or rear lot line, except that a private garage may be incorporated in a building in which case the building side yard clear- ance shall prevail. In the case of a corner lot any separate accessory building shall not be nearer to the side street line than ten (10) feet. Section 3. That Ordinance No. 3-34 known as the Zoning Ordinance Be and the same is hereby amended by adding a new Article VB thereto as follows: ARTICLE VB LOCAL BUSINESS DISTRICT B Section 1. Use Regulations. No building or premises shall be used and no building or structure shall be erected or altered to be used in whole or in part, unless otherwise provided for in this ordinance, except for the fol- lowing purposes: (a) Uses permitted in a Local Business District A. (b) Office building. (c) Restaurant, Drive-in, Drive-in restaurant, cafe, cafeteria, tavern. (d) Moving picture theater, dance school. (e) Oil and gasoline station (subject to Article IX (d). (f) Public garage for the sale, servicing or repair of motor vehicles (subject to Article IX (d). (g) Funeral home or mortuary. (h) Trailer Parks provided the same are de- signed, constructed and maintained in accordance with Article IX hereof. (i) Trailer Sales Lots. Auto Sales Lots. Section 2. Height Regulations. No building shall be erected or altered to ex- ceed in height forty (40) feet unless it sets back from each street and lot line, in addition to the yard requirements, one (1) foot for each one foot of excess height. No building shall exceed in height the width of the widest street upon which the lot abutts. Unoccupied towers spires and domes are excepted. Section 3. Area Regulations. The area regulations for Local Business District A shall apply. Section 4. Accessory Uses. Accessory uses permitted in Local Business District A shall apply. Section 4. That Article X of Ordinance No. 3-34 known as the Zoning Ordinance be and the same is hereby amended by adding thereto the following definitions: Drive -In. The term Drive -In, where used in this Ordinance, shall mean, a business catering to the motoring public, whether also serving pedestrians or not, which is engaged in the retail sale of goods or services and provides curb or window -counter service. Drive -In Restaurant. The term Drive -In Res- taurant, where used in this ordinance, shall mean an establishment engaged in the sale of food or beverages which, as a part of its regular business, provides service to patrons seated in motor ve- hicles on the premises or in the street adjacent thereto. .Adopted 6/6/55 Published 6/13/55 Ordinance No. 27-55 An Ordinance Amending the Zoning Map and Zoning Ordinance known as Ordinance No. 3-34 by changing the Zoning Classification of all area now zoned as Local Business Districts. Be it Ordained by the City Council of the City of Dubuque, Iowa: Section 1. That the Zoning Map and Zoning Ordinance of the City. of Dubuque be and the same is hereby amended by changing the following de- scribed areas from Local Business District Clas- sification to Local Business District A Classifica- tion, to -wit: (a) The one half block bounded by Windsor Ave- nue on the east, Clinton Street on the south, the alley between Windsor Avenue and Queen Street on the west, and Queen Street extension on the north. (b) Lots 106, 107, 108, 109 and 110 in Burden and Lawther Addition to the City of Dubuque, Iowa (Groveland Street at Sheridan Street). (c) Lots 53 and 54, McDaniels Park Hill Addi- tion on Muscatine Street and Lots 73 and 74 McDaniels Park Hill Addition on Burlington Street. (d) Lots 36 and 27 J. P. Schroeders Addition, Lots 3 and 4 J. P. Porters Addition and the area bounded as follows, beginning at a point on the west side of Harold Street one hundred feet north of the north line of Seminary Street, thence west and parallel to the north line of Seminary Street to the west line of Lot Six Littleton and Sawyers Addition, thence south along the west line of Lot Six Littleton and Sawyers Addition to and across Seminary Street, thence south along the west line of Lot 57 Littleton and Sawyers Addition to a point one hundred feet south of the south line of Semi- nary Street, thence east along a line one hundred feet south and parallel to the south line of Semi- nary Street to the west line of Lot 2 J. P. Porters Addition, thence northerly along the west line of Lot 2 of J. P. Porters Addition to the south line of Seminary Street, thence across Seminary Street to the east line of Harold Street, thence north along the east line of Harold Street to one hundred feet north of the north line of Seminary Street, thence west across Harold Street to a point one hundred feet north of the north line of Seminary Street which is the point of beginning. (e) Lots 1 and 2 Columbia Addition and the area described as follows, beginning at a point where the southerly line of Mt. Loretta extended westerly would intersect with the easterly line of Bryant Street, thence westerly at a right angle to the westerly line of Bryant Street across parts of Lots 2 and 1 Sub., of Mineral Lot 47 to the easterly line of South Grandview Avenue, thence southerly along the easterly line of South Grandview Avenue to the intersection of the west line of Bryant Street, thence northerly along the westerly line of Bryant Street to the point of beginning. (f) The southerly one hundred feet of Lots 4 and 2 of 5 Hughes Sub., the southerly hundred feet of Lot 1 of 7 Motor Sub., all of Lots 1 and 2 Loetscher and Truebs Sub., Lot 1 of 6 of Lot 12 of Mineral Lot 172, Lot I of 1 of Morheiser Sub., Lots 1 of 20 and 2 of 30, Reches Sub., Lot 5 of Hodges Sub., Lot 1 of 2 of 1 of 2 of 1 and Lot 2 of Z of 1 and Lot 76 2 of 2 of 2 of 1. Boxleiters Sub., and Lot 1 of Sidonia Hosford's Sub. (Grandview Avenue and Delhi Street). Section 2. That the Zoning Map and Zoning Ordinance of the City of Dubuque be and the same is hereby amended by changing the following de- scribed area from Local Business District Classi- fication to Multiple Residence District Classifica- tion, to -wit: Lots 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, and 32 Wm. Blakes Addition. Lots 24C, 25B, and 26B in A. P. Woods Addition and that part of Mineral Lot 192 not included in Blakes Addition. Section 3. That the Zoning Map and Zoning Ordinance of the City of Dubuque be and the same is hereby amended by changing the following de- scribed area from Local Business District Classi- fication to Two Family Residence District Classi- fication, to -wit: Lots 92, 115, 116, 118, 119, 121, 122 and 123 Burden and Lawthers Addition. Section 4. That except as provided in Section 1, 2, and 3 hereof, the Zoning Map and Zoning Ordinance of the City of Dubuque be and the same is hereby amended by changing all areas now Clas- sified as Local Business Districts to Local Busi- ness District B Classification. Adopted 6/6/55 Published 6/13/55 Ordinance No. 37-55 An Ordinance Amending and Changing the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, as provided by Ordinance No. 3-34, designated the Zoning Ordinance, so as to change the herein described area from Two Family Residence District Classification to Multiple Family Residence District Classifica- tion. Be it resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the Zoning Map of the City of Dubuque, as provided by Ordinance No. 3-34, des- ignated the Zoning Ordinance, be and the same is hereby amended and changed by changing from its present Two Family Residence District Classifi- cation to Multiple Family Residence District Clas- sification the property described as follows: Lots 4, 5, 6, 7 and 8 Julia Langworthy's Sub. Adopted 8/ 1/ 55 Published 8/4/55 Ordinance No. 44-55 An Ordinance Amending and Changing the Zoning Map and Zoning Ordinance of the City of Dubuque, Iowa, as provided by Ordinance No. 3-34 designated the Zoning Ordinance, so as to change the herein described area from Single Family Residence District Classification to Local Business District A Classification. Be it Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the zoning map of the City of Dubuque, as provided by Ordinance No. 3-34, designated the Zoning Ordinance, be and the same is hereby amended and changed by changing from its present Single Family Residence District Clas- sification to Local Business District A, Classifi- cation the property described as follows: Lot 2 of 2 of 1 of 1 of 16; Lot 1 of 2 of 1 of 1 of 16; and the easterly 75 feet of Lot 2 of 2 of 1 of 16 all in Mount Pleasant Addition. Adopted 7/18/55 Published 7/21/55 Ordinance No. 51-55 An Ordinance Amending the Zoning Map and Zoning O Ordinance of the City of Dubuque to change Lot 1 of Block 1 of St. Anne's Subdivision and Lots 386, 387, 388, 408, 4'09, and 410 of Lennox Addi- tion to Local Business A District Classification. Be it Ordained by the City Council of the City of Dubuque: Section 1. That the Zoning Map and Zoning Or- dinance of the City of Dubuque be and the same is hereby amended by changing Lot 1 of Block 1 of St. Anne's Subdivision in the City of Dubuque and Lots 386, 387, 388, 408, 409 and 410 in Lennox Addition to the City of Dubuque from their present single family district classification to Local Business District A classification. Section 2. That the City Clerk be and he is hereby authorized and directed to record a certi- fied copy of this ordinance in the office of the County Recorder of Dubuque County. Adopted 10/3/55 Published 10/6/55 77 TABLE OF SPECIAL ORDINANCES ADOPTED SINCE AUG. 10, 1951. Subject Granting Donald R. Nank et al right to construct a sanitary sewer Vacating alley first east of Concord 9/17/51 40-51 9/20/51 41-51 9/20/51 Authorizing Sinclair Refining Co. to erect a fire- 9/17/51 wall in Terminal street and Railroad Ave. Issuing $131,000.00 Sanitation Fund Bonds 10/4/51 42-51 10/9/51 Authorizing Trausch Bakery to construct a load- 10/4/51 43-51 10/9/51 ing dock Vacating alley adjoining Lot 113 in Belmont Add. 12/3/51 48-51 12/10/51 Directing installation of sani-toilets on certain 11/13/51 53-51 11/19/51 property Directing installation of sani-toilets on certain 11/13/51 54-51 11/19/51 property Directing installation of sani-toilets on certain 11/13/51 55-51 11/19/51 property Granting A.H. Bolte et al right to construct a san- 12/3/51 58-51 12/10/51 itary sewer Granting Henry A. Reelfs et al right to construct a 12/12/51 62-51 12/19/51 sanitary sewer Amending appropriation ordinance 12/20/51 67-51 12/21/51 Vacating alley lying first north of West 32nd st. 1/7/52 63-51 1/10/52 Vacating alley lying south of lots 45, 46 and 47 in 1/7/52 65-51 1/10/52 University Place Appropriation Ordinance 1/7/52 68-51 1/10/52 Authorizing the issuance of $167,000 Fire Station 2/4/52 3-52 2/12/52 Bonds Directing installation of Sanitary toilets 3/3/52 4-52 3/10/52 Granting American Legion right to build loading 4/7/52 10-52 4/14/52 platform Granting Independent School District right to 4/7/52 14-52 4/18/52 construct a force main Granting Chester C. Schmitt right to construct a 5/5/52 18-52 5/9/52 sanitary sewer Conveying property to Dale Wiegand 8/14/52 27-52 8/19/52 Conveying,propertyto Robert Kerth and Annette 8/14/52 28-52 8/19/52 Brimeyer Granting Lloyd C. Burkhart right to construct a 8/14/52 29-52 8/19/52 sanitary sewer Granting CMStP&P RR right to construct an in- 8/14/52 30-52 8/19/52 dustry track Authorizing Mt. St. Bernard Seminary to construct 1/13/53 1-53 1/19/53 a sanitary sewer in Kauffman Avenue Authorizing Standard Brands, Inc. to construct a 3/19/53 4-53 3/24/53 sanitary sewer in Fourth St. extension Authorizing Peter J. Seippel to construct a sani- 5/4/53 6-53 5/8/53 tary sewer in Marion Street Authorizing Albert H. Beitzel to construct a sani- 5/4/43 7-53 5/25/53 tary sewer Authorizing Dan Schmalz to construct a sanitary 5/12/53 8-53 5/18/53 sewer Establishing a grade on Finley Street 5/12/53 13-53 5/20/53 Establishing a grade on Bunker Hill Street 5/12/53 14-53 5/20/53 78 Date Ordinance Date Adopted Number Published 9/6/51 38-51 9/7/51 Establishing a grade on Edith Street 5/12/53 Establishing a grade on Sutter Street 5/12/53 Establishing a grade on Coates Street 5/12/53 Establishing a grade on Abbott Street 5/12/53 Establishing a grade on Link Street 5/12/53 Establishing a grade on St. Ambrose St. 5/12/53 Establishing a grade on Garfield St. 5/12/53 Establishing a grade on Ramona Street 5/12/53 Establishing a grade on Sunnyview Drive 5/12/53 Establishing a grade on Prescott Street 5/12/53 Establishing a grade on Roosevelt Street 5/12/53 Establishing a grade on Emerson Street 5/12/53 Establishing a grade on Stetmore Street 5/12/53 Establishing a grade on Primrose Street 5/12/53 Establishing a grade on Lenox Avenue 5/12/53 Establishing a grade on Brown Avenue 5/12/53 Establishing a grade on Beverly, Avenue 5/12/53 Establishing a grade on Rowan Street 5/12/53 Establishing a grade on Shiras Avenue 5/12/53 Establishing a grade on West 16th Street 5/12/53 Establishing a grade on Bunker Hill Street 5/12/53 Establishing a grade on Southern Avenue 5/12/53 Establishing a grade on Chaney Street 6/23/53 Establishing a grade on Green Street 6/23/53 Authorizing Jas. H. Meyer to construct a sanitary 7/6/53 sewer Authorizing John T. Kalb to construct a sanitary 7/6/53 sewer Authorizing Gus Giunta to construct a sanitary 8/3/53 sewer Authorizing A. J. Kerper to construct a sanitary 8/3/53 sewer Vacating a portion of Nitingale Street 8/3/53 Vacating a portion of Bauer Street 8/25/53 Authorizing Earl Falk to construct a water main 8/25/53 Authorizing William Oakley to construct a sani- 8/25/53 tary sewer Authorizing D. W. Ernst to construct a sanitary 9/8/53 sewer Authorizing Andrew Fondell to construct a sani- 9/8/53 tary sewer Vacating Lindale Street Authorizing Herbert Steger to construct a sani- tary sewer Vacating portions of Lindale, Kevindale and 12/7/ 5.3 Woodlawn Streets 1954 appropriation Ordinance Vacating an alley Finley Addition Establishing a grade on Brunswick St. Establishing a grade on Carter Rd. Establishing a grade on Devan Drive 12/ 7/ 53 11/16/53 1/4/54 3/25/54 4/5/54 4/5/54 4/5/54 15-53 16-53 17-53 18-53 19-53 20-53 21-53 22-53 23-53 24-53 25-53 26-53 27-53 28-53 29-53 30-53 31-53 32-53 33-53 34-53 35-53 36-53 46-53 47-53 54-53 55-53 58-53 59-53 60-53 61-53 63-53 64-53 65-53 66-53 70-53 71-53 70-53 1-54 7-54 10-54 11-54 12-54 5/20/53 5/20/53 5/20/53 5/20/53 5/20/53 5/20/53 5/20/53 5/20/53 5/20/53 5/20/53 5/20/53 5/20/53 5/20/53 5/20/53 5/20/53 5/20/53 5/20/53 5/20/53 5/20/53 5/20/53 5/20/53 5/20/53 6/29/53 6/29/53 7/10/53 7/10/53 8/10/53 8/10/53 9/3/53 9/3/53 9/3/53 9/3/53 9/14/53 9/14/53 11/20/53 2/23/54 1/8/54 3/29/54 4/8/54 4/8/54 4/8/54 79 Establishing a grade Establishing a grade Establishing a grade Establishing a grade Establishing a grade Establishing a grade Establishing Establishing Establishing Establishing Establishing Establishing Establishing Establishing Establishing Establishing Establishing Establishing Establishing Establishing a grade a grade a grade a grade a grade a grade a grade a grade a grade a grade a grade a grade a grade a grade on Edina Street on Fairfax Street on Goethe Street on Henry Street on Kane Street on Karen Street on Kevindale Street on Levi Street on McPoland Street on Mineral Street on Nebraska Street on, Park Street on Pennsylvania Street on Poplar Street on Vernon Street on West 32nd Street on York Street on St. Joseph Street on Spruce Street on Shiras Ave. 4/5/54 13-54 4/8/54 4/5/54 14-54 4/8/54 4/5/54 15-54 4/8/54 4/5/54 16-54 4/8/54 4/5/54 17-54 4/8/54 4/5/54 18-54 4/8/54 4/5/54 19-54 4/8/54 4/5/54 20-54 4/8/54 4/5/54 21-54 4/9/54 4/5/54 22-54 4/9/54 4/5/54 23-54 4/9/54 4/5/54 24-54 4/9/54 4/5/54 25-54 4/9/54 4/5/54 26-54 4/9/54 4/5/54 27-54 4/9/54 4/5/54 28-54 4/9/54 4/5/54 29-54 4/9/54 4/5/54 30-54 4/9/54 4/5/54 31-54 4/9/54 4/5/54 33-54 4/27/54 Authorizing 1st National Bank to install curb- 4/20/54 34-54 4/27/54 teller on side -walk Granting Ludmilla F. Mauer right to construct 5/11/54 37-54 5/17/54 sanitary sewer Granting Julia Heuser right to construct sanitary 6/7/54 39-54 6/11/54 sewer in Primrose.Street Authorizing American Trust and Savings Bank 6/7/54 40-54 6/11/54 to construct a canopy Authorizing 1954 Swimming Pool Bond Issue 7/6/54 45-54 7/13/54 Vacating part of Elm Street 8/1/54 47-54 8/6/54 Authorizing Arthur Digman to construct a 7/6/54 48-54 7/13/54 sanitary sewer Vacating portions of West and Finley Streets 8/24/54 52-54 8/27/54 Widening McPoland Street, Kane Street, 9/7/54 54-54 9/10/54 Pennsylvania Avenue, and Eighth Avenue Vacating alley between Putnam and West 28th 10/4/54 55-54 10/8/54 Streets Vacating alley 12/6/54 60-54 12/9/54 Amending budget 12/6/54 62-54 12/9/54 1955 Appropriation Ordinance 1/3/55 1-55 1/7/55 Vacating Easement in Mississippi Heights 4/4/55 20-55 4/11/55 Vacating Alley in Yates Sub. 4/25/55 24-55 4/29/55 Granting right to construct sewer in Marion St. 6/6/55 34-55 6/10/55 Granting permission to construct wall in Levi St. 6/27/55 40-55 7/11/55 Granting permission to construct wall in Levi St. 6/27/55 41-55 7/11/55 Approving plat of Cherokee Place 7/5/55 42-55 7/18/55 Vacating portion of West 29th St. 8/1/55 45-55 8/4/55 Vacating streets in East Dubuque No. 2 8/10/55 47-55 8/15/55 Vacating part of Harrison St. 11/7/55 60-55 11/11/55 Amending 1955 Budget 12/19/55 65-55 12/22/55 80