1958 Supplement to Revised Ordinances of 1951 of City of Dubuque, Iowa1958 Supplement
to
Revised Ordinances of 1951
of
City of Dubuque, Iowa
1958 Supplement
to
Revised Ordinance of 1951
of
City of Dubuque, Iowa
CHAPTER I
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 or corporation shall
violate the provisions of any proclamation issued
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 2. 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 fail.
for not to exceed thirty (30) days.
Section 3. This Ordinance shall be in full force
cued effect from and after its final passage, adoption
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;
limiting the tax thereon for street purposes and
prescribing the time 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 horticultural
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 (11/4) mills for street purposes;
Section 2. Any owner or proprietor of real estate
who desires to obtain the benefits of the exemption
provided in Section 1 hereof shall, on or before
July 1st of each year, file application therefor in
writing with the City Clerk on forms prepared by
the City Manager showing sufficient information from
which the City Council may determine whether the
property is entitled to the exemption;
Section 3. At the time of the adoption of the
annual 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 certification of
the annual budget which list shall constitute the
authority of the County Auditor to relieve 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
Ordinance No. 51-56
An Ordinance Establishing General Special Assess-
ment Fund and Providing Regulations Therefor.
Be it Ordained by the City Council of the City of
Dubuque:
Section 1. That there is hereby established a
special fund of the City of Dubuque to be known
as "General Special Assessment Fund";
Section 2. That, whenever it shall appear that
all indebtedness of any Special Assessment Fund
has been discharged, that there is a balance remain-
ing in said fund, and that the necessity of maintain-
ing said fund has ceased, the City Manager is
authorized and directed to transfer such balance to
General Special Assessment Fund and report his
action to the City Council for approval:
Section 3. That, whenever the City Council shall
find such action to be in the public interest, the City
Manager is authorized to transfer moneys from
General Special Assessment Fund to such special
assessments funds as he may find good business
practice requires.
Section 4. This Ordinance shall be in full force
and effect from and after its final passage, adoption
and publication as by law provided.
Introduced the 5th day of November, 1956.
Rule requiring reading on three separate days
suspended by unanimous vote the 5th day of Novem-
ber, 1956.
Passed, adopted and approved this 5th day of
November, 1956.
CLARENCE P. WELU, Mayor
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZINGER
CHARLES E. DOVE, Councilmen
Attest: Leo F. Frommelt, City Clerk
Published officially in The Telegraph -Herald
Newspaper this 8th day of November, 1956.
LEO F. FROMMELT, City Clerk
It. 11/8
1
111
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 Precincts and
Defining the Boundaries Thereof; and Repealing
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 citizens
and to facilitate the casting of ballots at elections,
the ward hereby created shall be divided into
sixteen (16) precincts, the boundaries of which shall
be as set forth in Sections 4 to 19 hereof inclusive.
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 south-
westerly 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 southwesterly
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 north-
easterly 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, however, 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
northerly 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 Grandview avenue
to Henderson street, thence southwesterly on the
2
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 beginning.
Section 5. The boundaries of the Second Precinct
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 comer 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 Henderson street, thence northeasterly on the
northwest side of Henderson street to Grandview
avenue, thence across Grandview avenue, thence
northeasterly 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
w
West Third street produced to intersect with the
section 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 inter-
section 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
southeasterly 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
southwesterly 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 south-
westerly on the northwesterly line of Subdivision of
Min. Lot 20 to the southeasterly lot line of Lot 19 of
Rowan's Addition, thence southwesterly on the north
line of Lot 19 of Rowan's Addition to a point where
the same intersects the quarter 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 easterly side of Southern avenue
to Valley street (included, 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
northerly 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 northerly 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 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 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, hence
northerly on the east side of Wilson street to Uni-
versity 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:
FIFTH PRECINCT
Commencing at the intersection of Langworthy and
Hill streets, thence proceeding westerly on the north-
erly 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 College street, thence northerly
on the easterly side of College street to West Fifth
street, thence westerly 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 produced, 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 northerly side of Delhi street to Mt. Pleasant
street, thence northerly on the westerly side of Mt.
Pleasant 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
3
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 produced would intersect West
Locust, thence northerly on the westerly side of
Abbott street, thus produced, to the alley between
Lowell and Seminary streets, thence westerly on
the southerly side of said alley produced to the point
of intersection between said line and the section line
between sections 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 intersection with the center line of Carter road,
thence southwesterly along the center line of Carter
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 section line
between sections 22 and 23 T89NR2E, thence south
along said section line to the intersection of said
line with the center line of Karrick street, thence
southeasterly along the center line of Kuiiick 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 University avenue, thence south-
westerly along the center line of University avenue
to its intersection with the section line between
sections 26 and 27 T89NR2E, 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 westerly
on the north side of Eighth avenue to University
avenue, thence westerly on the north side of Uni-
versity 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 easterly 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 beginning.
4
Section 12. The boundaries of the Ninth Precinct
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 Four-
teenth 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 Nineteenth street produced to Heeb
street, thence easterly on the southerly side of East
Nineteenth street produced and East Nineteenth street
to the easterly 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 northerly on the
easterly side of Abbott street, thus produced, to the
alley lyirig between Lowell and Seminary streets,
thence easterly on the southerly side of said alley to
Harold street, thence easterly on a line drawn mid-
way between Lowell street and Seminary streets to
Main street, thence easterly on a line drawn from
Main street to Heeb street to Twentieth street pro-
duced, 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 boulevard, thence westerly on the
northerly side of Loras boulevard to Alta Vista street,
thence northerly on the easterly side of Alta Vista
street to Kirkwood street, thence westerly on the
northerly side of Kirkwood street and Kirkwood street
produced 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 westerly 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 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 hundred 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 section
line of section 15, six hundred and sixty feet (660')
to the S. W. corner of the S. E. 1/4 of section 15,
T89NR2E, thence south to the intersection of the
center line of Kaufmann avenue, thence easterly
along the center line of Kaufmann avenue to its
intersection with the section line between section
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 easterly on the
southerly side of Gay street to Broadway, thence
easterly on the southely side of. Broadway to Diago-
nal street, thence easterly on the southerly side of Dia-
gonal 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
northerly 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 easterly side of Valeria street
to Lewis street, thence northwesterly on the easterly
side of Lewis street to Wallace street, thence north-
westerly 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
beginning.
Section 16. The boundaries of the Thirteen Pre-
cinct shall be:
THIRTEENTH PRECINCT
Commencing at a point six hundred feet (600')
north of Kane street produced on the section line be-
tween sections 14 and 15 T89NR2E, thence proceeding
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 inter-
sect, thence south six hundred feet (600') to said
point, thence easterly on the northerly side of Gay
street to Broadway, thence southeasterly on the north-
easterly side of Broadway 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
northeasterly 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 northerly city
limits to the west of a line drawn from Morton street
midway between Pinard and Brunswick 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. 1A 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 section 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 thenortherly side of East Nine-
teenth street to the Chicago Great Western Railroad
right-of-way, thence northerly on the easterly side
of the Chicago Great Western Railroad 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 westerly on the easterly side of Mar-
quette Place and Marquette Place produced to Morton
street, thence northerly on the easterly side of Morton
street to East Twenty-eighth street, thence northwest-
erly on a line drawn from Morton street midway
between 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 1A corner of section 12, T89NR2E 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
5
corner of lot 2 of lot 1 of the N. E. 1/4 of the S. E. 1/4
of section 12; 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 souther-
ly 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 Stafford street
produced and Stafford street to Thomas street, thence
northerly on the easterly side of Thomas street to
the easterly boundary line of Linwood Cemetery,
thence northerly along the easterly boundary line of
Linwood Cemetery to the northerly 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, T89NR2E,
thence north along said section line to the section
corner between Sections 26 and 27 and 22 and 23,
T89NR2E, thence north on the section line between
Sections 22 and 23, T89NR2E to its intersection with
the center line of the Asbury Road, thence northwest-
erly 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 intersection with the section line
between Sections 15 and 22, T89NR2E, which is the
southwest corner of the S. E. 1/4 of Section 15,
T89NR2E, thence west along the section line between
sections 15 and 22, T89NR2E, 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 Section 22,
T89NR2E, thence south nine hundred and twenty
feet (920') along the west section line of Section 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
6
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 avenue 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 here-
by established shall be published in the official
newspapers of the City of Dubuque once a week
for three (3) consecutive weeks, the last publication
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
Ordinance No. 37-56
An Ordinance Annexing Certain Herein Described
Territory to the City of Dubuque and Establishing the
Voting precinct therefor.
Whereas, Peter J. Seippel, Kathleen B. Seippel,
Merlin P. Kluck, Armela F. Kluck, George Jecklin
and Addie Jecklin as owners of the following des-
cribed property in Dubuque County, Iowa:
The westerly 50 feet of Lot 2 of Lot 2 of Lot 1 of
R. W. Baker's Subdivision;
Lot 2 of Addie's Place;
Lot 2 of Lot 1 of Metcalf's Subdivision;
Lot 2 of Lot 2 of Lot 2 of Metcalf's Subdivision;
Lot 2 of Lot 1 of Lot 1 of Lot 1 of George Jecklin
Farm;
have made application in writing to the City Council
requesting the annexation of said territory to the City
of Dubuque; and
Whereas, the City Council has examined said
application and finds that the same is signed by all
of the owners of said territory and that a plat of
such territory showing the situation thereof with re-
ference to fhe existing limits of the City of Dubuque
is attached to said application, and that it is in the
best interest of the City that such territory be annexed
and a voting precinct provided therefor;
Now therefore, be it ordained by the City Council of
the City of Dubuque:
"Section 1. That the City Council of the City of
Dubuque does hereby assent to the annexation of
the following described property in Dubuque County,
Iowa:
The westerly 50 feet of Lot 2 of
Lot 2 of Lot 1 of R. W. Baker's Subdivision;
Lot 2 of Addie's Place;
Lot 2 of Lot 1 of Metcalf's Subdivision;
Lot 2 of Lot 2 of Lot 2 of Metcalf's Subdivision;
Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of George
Jecklin Farm,
to the City of Dubuque, Iowa;"
Section 2. That said territory be and the same
now is a part of the corporate territory of the City of
Dubuque;
Section 3. That said territory be and the same is
hereby established as part of the Second Voting
Precinct of the City of Dubuque;
Section 4. That the City Clerk be and he is
hereby authorized and directed to make and certify
a transcript of this Ordinance and file the same in
the office of the County Recorder of Dubuque County,
Iowa and the Secretary of State.
Passed on first reading July 16, 1956.
Rule requiring reading on three separate days
suspended by unanimous vote July 16, 1956.
Passed by recorded roll call vote and adopted
and approved July 16, 1956.
CLARENCE P. WELU, Mayor
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZINGER
CHARLES E. DOVE, Councilmen
Attest: Leo F. Frommelt, City Clerk
Published in the Telegraph Herald July 20, 1956.
LEO F. FROMMELT, City Clerk
M
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.
Be it Ordained by the City Council of the City of
Dubuque:
8
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 residential,
commercial, industrial, and other uses and pur-
poses, 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 determined 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. at $ .36 per hund. cu. ft.
Next 3,00, cu. ft. per guar. at .30 per hund. cu. ft.
Next 3,000 cu. ft. per guar. at .25 per hund. cu. ft.
Next 36,000 cu. ft. per guar. at .20 per hund. cu. ft.
Next 105,000 cu. ft. per guar. at .18 per hund. cu. ft.
Next 150,000 cu. ft. per guar. at .16 per hund. cu. ft.
Balance at .105 per hund. cu. ft.
The minimum quarterly charge according to size of
meters shall be as follows:
%" - $3.24 - allowance 900 cu. ft.
3/4" - 5.00 - allowance 1300 cu. ft.
1" - 6.75 - allowance 1800 cu. ft.
13/4" - 8.00 - allowance 2200 cu. ft.
11/h" - 10.00 - allowance 2700 cu. ft.
2" - 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.
N'ext 1,000 cu.
Next 1,000 cu.
Next 12,000 cu.
Next 35,000 cu.
Next 50,000 cu.
ft. per mo. at $ .36 per hund. cu. ft.
ft. per mo. at .30 per hund. cu. ft.
ft. per mo. at .25 per hund. cu. ft.
ft. per mo. at .20 per hund. cu. ft.
ft. per mo. at .18 per hund. cu. ft.
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:
- $1.08 allowance 300 cu. ft.
%" - 1.67 - allowance 400 cu. ft.
1" - 2.25 - allowance 600 cu. ft.
11/4" - 2.67 - allowance 700 cu. ft_
13/2" - 3.33 - allowance 900 cu. ft.
2" - 4.00 - allowance 1100 cu. ft.
3" - 6.00 - allowance 1800 cu. ft.
4" - 8.00 - allowance 2500 cu. ft.
6" - 12.00 - allowance 4400 cu. ft.
8" - 16.00 - allowance 6400 cu. ft.
10" - 20.00 - allowance 8400 cu. ft.
(c) Water rates for users within the City of Du-
buque, Iowa, whose meters are read bi-monthly
shall be as follows:
First 2,000 cu. ft. per period at $
Next 2,000 cu. ft. per period at
Next 2,000 cu. ft. per period at
Next 24,000 cu. ft. per period at
N'ext 70,000 cu. ft. per period at
Next 100,000 cu. ft. per period at
Balance 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 ner hund. cu. ft.
.105 per hund. cu. ft.
The minimum bi-monthly charge according to size
of meters shall be as follows:
s/8" - $2.16 - allowance 600 cu. ft.
- 3.34 - allowance 800 cu. ft.
1" - 4.50 - allowance 1200 cu. ft.
13/4" - 5.34 - allowance 1400 cu. ft.
13/4" - 6.66 - allowance 1800 cu. ft.
2" - 8.00 - allowance 2200 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 corporation
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 supplied
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 deter-
mined as follows:
Minimum Annual Charge $ 37.50 per year
Up to 200 heads at 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 157.00 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
Ordinance No. 35-57
An ordinance establishing sewage service charges
and providing a penalty for the violation thereof.
Be it ordained by the City Council of the City of
Dubuque:
Section 1. Purpose. It is hereby determined and
declared to be necessary and conducive to the pro-
tection of public health, safety, welfare and con-
venience of the City of Dubuque, Iowa, to levy and
collect just and equitable charges, rates or rentals
9
111
upon all lots, parcels of real estate and buildings that
are connected directly or indirectly with the sanitary
sewage system of said City, the proceeds of such
charges or rentals so derived to be used for the
purpose of constructing, operating, maintaining and
repairing such sewage treatment plant.
Section 2. Definitions. The following words and
terms as used in this ordinance shall be deemed to
mean and be construed as follows:
Sewage Treatment Plant: "Sewage Treatment
Plant" refers to any and all units of the municipal
treatment owned and operated by the City of Dubu-
que, including the interceptor sewer system, the
pumping stations delivering sewage to the plant
and the outfall sewer system.
Manager: "Manager" refers to the City Manager
of the City of Dubuque, Iowa.
Contributor: "Contributor" refers to any person,
firm or corporation responsible for the production of
domestic, commercial or industrial waste which is
directly or indirectly discharged into the city's sani-
tary sewer system.
Sewage Service Charge: "Sewage Service
Charge" refers to any and all rates, charges, fees or
rentals levied against and payable by the contri-
butors, including special contracts or agreements
which have been or may be negotiated by and
between the City of Dubuque, commercial establish-
ments, industries, manufacturing plants or corporation
for the purpose of collecting rates, charges, fees or
rentals.
Water Department: "Water Department" refers
to the City of Dubuque Water Department.
Section 3. Duties of Officers and Departments:
The officers and departments as listed shall have
the following duties:
City Manager: The City Manager shall be re-
sponsible to the City Council for the overall admini-
stration and operation of the sewage treatment
system, and the determination of all matters pertain-
ing to rates, charges, fees, rentals, special rates and
collection conditions as prescribed in Section 4 of
this ordinance.
Superintendent: The superintendent shall have
charge of the operation of the sewage treatment plant
under the general supervision of the City Manager.
Water Department: The Water Department shall
act as the collection agent and collect all monies
payable under this ordinance and make an accurate
accounting of all such monies to the City Treasurer.
Section 4. Sewage Service Charge: Contributors
whose property lies within the corporate limits of
the City of Dubuque, with the exception as here-
inafter noted, shall pay to the City, through its col-
lection agent at his office at the same time payment
for water service is made, a sewer service charge
computed on water consumption on the following
rates:
(a.) Basic Charges: The sewage rates and
charges shall be based on the quantity of water used
on or in the property or premises, as the same is
measured by the water meter there in use, except
as herein otherwise stated. Water meters will be
read bi-monthly (or a period equaling once every
10
two months). Payment for the sewage service charge
shall be paid to the City's collection agent at the
same time payment is made for water service.
(b.) Schedule of Rates:
Monthly Rates
1,000 cu. ft. at 0.18
1,000 cu. ft. at 0.15
1,000 cu. ft. at 0.125
12,000 cu. ft. at 0.10
35,000 cu. ft. at 0.09
50,000 cu. ft. at 0.08
at. 0.0525
Bi-Monthly Rates
2,000 cu. ft. at 0.18
2,000 cu. ft. at 0.15
2,000 cu. ft. at 0.125
24,000 cu. ft. at 0.10
70,000 cu. ft. at 0.09
100,000 cu. ft. at 0.08
at 0.0525
First
Next
Next
Next
Next
Next
Balance
First
N'ext
Next
Next
Next
Next
Balance
per hun. cu. ft.
per hun. cu. ft.
per hun. cu. ft.
per hun. cu. ft.
per hun. cu. ft.
per hun. cu. ft.
per hun. cu. ft.
per hun. cu. ft.
per hun. cu. ft.
per hun. cu. ft.
per hun. cu. ft.
per hun. cu. ft.
per hun. cu. ft.
per hun. cu. ft.
(c.) Service Charge:
1. When a parcel of real estate, property or
building, discharging sanitary sewage, industrial
wastes, water or other approved waste, either direct-
ly or indirectly into the city's sanitary sewer system,
is not a user of water supplied by the City Water
Department and the water used thereon or therein
is not measured by a water meter or is measured by
a water meter not acceptable to the City, the amount
of water used shall be deteiniined by the City in
such manner as the City Manager may elect in
order to establish the rate of charge as provided in
this Ordinance, or the owner or other interested par-
ties at his expense, may install and maintain a
meter acceptable to the City for said purpose.
2. When a parcel of real estate, property or
building, discharging sanitary sewage, industrial
wastes, water or other approved waste, either direct-
ly or indirectly into the city's sanitary sewer system,
is a user of water supplied by the City Water De-
partment, and in addition uses water from another
source which is not measured by a water meter or
is measured by a water meter not acceptable to the
City, the amount of water used shall be determined
by the City in such a manner as the City Manager
may elect in order to establish the rate of charge
as provided in this Ordinance, or the owner or other
interested parties at his expense may install and
maintain a meter acceptable to the City for said
purpose.
3. When a parcel of real estate, property, or
building, discharging sanitary sewage, industrial
wastes, water or other approved waste either direct-
ly or indirectly into the city's sanitary sewer system,
is not a user of water supplied by the City Water
Department, the amount of sanitary sewage, indus-
trial wastes, water or other approved waste dis-
charged into the sanitary sewer system shall be
determined by the City in such manner as, the City
Manager may elect in order to establish the rate of
charge as provided in this Ordinance, or the owner
or other interested parties at his expense, may install
and maintain a sewage meter acceptable to the
City for said purpose.
4. The City Council may, in its discretion, upon
application, permit connection to the city sanitary
sewer system if properties located outside the corpor-
ation limits upon such terms and conditions as it
may establish provided however that such terms
shall not be more favorable to such property than the
rates herein established for city users.
5. In order that the rates and charges may be
justly and equitably adjusted to the service rendered,
the City shall have the right to base its charges not
only on volume but also on the strength and character
of the sewage and wastes deposited in the system
by the contributor. The City shall have the right to
measure and determine the strength and content of
all sewage and wastes discharged either directly or
indirectly into the City's sanintary sewage system, in
such manner and by such methods as it may deem
practicable in the light of the conditions and circum-
stances of the case in order to determine the proper
charge.
Extra charges based on strength of the sewage
and liquid wastes shall be made on the following
basis:
For suspended solids in excess of 2.50 pounds
for each 100 cubic feet of sewage and waste an
additional charge of $0.01 shall be made for each
pound.
The determination of suspended solids in the
waste shall be in accordance with "Standard
Methods for the Examination of Water and Sewage."
6. The rates and charges may be billed the
tenant or tenants occupying the properties served,
unless other wise requested in writing by the own-
ers, but such billing shall in no way relieve the owner
from liability in the event payment is not made as
herein required.
7. Where the quantity of water consumed is
such that the minimum water service is charged, the
minimum sewage charge shall be one half of the
minimum water service charge.
Section 5. Effective Date: The rates, service
charges, rentals or fees as provided in this ordinance
shall become effective on and after the billing date
of July 1, 1957, and said rates, charges, rentals or
fees shall thereafter be paid and collected as pro-
vided in this Ordinance.
Section 6. Areas Not Served by Sanitary Sewer
System: The rates, service charges, rentals or fees
as provided in this Ordinance shall become effective
at the time sewage from the contributors is first
directed to the sanitary sewer system. At the time
sanitary sewers are constructed in areas not now
served by a sanitary sewer system, contributors shall
be granted a reasonable time to make connection to
the sewer. The effective date of the sewage service
charge and the reasonable time to connect to the
sanitary sewer system will be determined by the City
Manager.
Section 7. Disposal of Waste from Cesspools,
Septic Tanks or Privy Vaults: Any contributor en-
gaged in cleaning cesspools, septic tanks or privy
vaults shall discharge all effluent into a designated
location at the sewage treatment plant. The rate for
receiving such waste shall be determined by the City
Manager. It shall be unlawful for any contributor to
place any effluent or waste from cesspools, septic
tanks or privy vaults in any other location in the City
of Dubuque except at the designated location at the
sewage treatment plant.
Section 8. Failure to Pay: The City shall have a
lien upon the property served by the sanitary system
for all delinquent rates or service charges in ac-
cordance with Chapter 393 and 394 of the 1950 Code
of Iowa. Bills for sewer service shall be delinquent
when the same are unpaid for a period of fifteen (15)
days following their due date, and if not paid, a
penalty of 5 % shall be added to the sewage rental
bill but not less than $0.50 cents.
Section 9. Central Collection and Sampling: Any
contributor shall, upon request of the City Manager,
provide a central collection point from his plant or
property at a location accessible to the sewage before
the sewage reaches the main sewer for the purpose
of obtaining representative samples.
Section 10. Construction, Maintenance & Oper-
ation -Cost and Expense of: The cost and expense of
financing the construction and maintenance and the
operation of the sewage treatment plant shall be paid
from the Sewage Rental Fund as budgeted and ap-
propriated therefor each fiscal year.
Section 11. Expenses of Collecting Sewage Ser-
vice Charges: The actual cost of collecting and
accounting for all sewer rentals or charges shall be
a part of the cost of operating said sewage treatment
plant. The cost shall be paid from the Sewage Rental
Fund to the collection agent upon the City Manager's
certificate certifying to the amount.
Section 12. Penalties: Any person, firm or corpor-
ation violating any of the provisions of this Ordi-
nance shall be guilty of a misdeameanor, and upon
conviction thereof, be fined in a sum not to exceed
$100.00 or imprisoned in the city jail for a period not
to exceed thirty (30) days, and each day such vio-
lation is committed or permitted to continue shall
constitute a separate offense and shall be punish-
able as such hereunder.
Section 13. Validity Clause: If any section,
sentence or part of this ordinance is for any reason
held invalid or unconstitutional, such decision shall
not affect the validity of the remaining portions of
this Ordinance.
This Ordinance shall be in full force and effect
May 1, 1957, after its passage and publication as
provided by law.
Passed, adopted and approved this 15th day of
April 1957.
CHARLES E. DOVE, Mayor
CLARENCE P. WELU
RAY F. KOLB
CHARLES A. KINTZINGER, Councilmen
Attest: Leo F. Frommelt, City Clerk
Published officially in the Telegraph -Herald news-
paper this 19th day of April 1957.
LEO F. FROMMELT, City Clerk
It. 4/19
11
Ordinance No. 41-57
An Ordinance Regulating the Uses of the Waterfront
of the City of Dubuque, and the Harbors, Inlets,
and Waters Adjacent thereto; Regulating the
Operation of Water Craft on City Waters; and
Providing a Penalty for Violation hereof.
Be it Ordained by the City Council of the City of
Dubuque:
Section 1. No new structures or repairs upon or
along the waterfront of the City of Dubuque shall
be undertaken except upon application to the Dock
Board and under permit by it, and in accordance
with the general plans of the Dock Board and pursu-
ant to specifications submitted to the Board and ap-
proved by it upon said application;
Section 2. All water craft operating in waters
under the jurisdiction of the City of Dubuque shall
conform to the following rules:
(a.) Every operator of a motor boat shall at all
times navigate the same in a careful and prudent
manner and at such a rate of speed as not to en-
danger the lives or property of others;
(b.) No owner, operator or person in command of
any power boat shall operate the same, or permit it
to be operated, at a speed in excess of eight (8)
Statute miles per hour in any of the following areas:
1. Within one hundred feet (100') of any person
in the water;
2. Within two hundred feet (200') of any way or
landing float to which boats are made fast, or which
is used for embarking or discharging passengers;
3. In the Ice Harbor, Pleasure Boat Harbor, and
Seventh Street Harbor;
(c.) No person shall anchor a boat for fishing
or other purposes on any body of water under the
jurisdiction of the City of Dubuque in such a position
as to dangerously obstruct access to public landings;
(d.) Operators of boats and all types of water
craft, when mooring the same, shall exercise reason-
able precautions to make sure that the vessel or
craft will not go adrift and that the action of the
water will not cause it to injure or endanger the
property of others;
Section 3. Logs, lumber, wood scraps, rope
scraps, metal, glass or paper containers, derelict
boats, oil, hay, garbage, sweepings and similar trash
are hereby declared to be a nuisance and it shall
be unlawful for any person to throw or place in, or
cause to be thrown or placed any of the above named
articles, or human waste in the Ice Harbor, Pleasure
Boat Harbor, Seventh Street Harbor or Kerper Cut, or
upon the shores thereof, in such a position that such
articles or substances may be washed into such
bodies of water. The provisions of this Section do not
apply to a public dump regularly established by
the authority of the City of Dubuque;
Section 4. The Dock Board is hereby authorized
to lay off and designate boat landing areas' along the
municipally owned waterfront for pleasure craft,
commercial vessels and public landings and to mark
the public landings with suitable signs delineating
their boundaries;
12
Section 5. Except at public landings and public
docks no person shall moor or cause to be moored
a vessel, float, boat house or other water craft along
the waterfront of the City of, Dubuque, without first
obtaining permission from the Dock Board so to do
and paying the required permit fees therefor;
Section 6. All floats and boat houses moored
along the waterfront of the City shall be maintained
in a neat and orderly condition at all times, properly
painted and securely moored;
Section 7. No person shall conduct any trade or
business in pleasure craft spaces without written per-
mission of the Dock Board;
Section 8. The Dock Board may direct the re-
moval and destruction of any sunken derelict or
abandoned craft, float or boat house when, after
investigation it shall determine that the same con-
stitutes a nuisance. The owner of any such craft,
float or boat house shall remove the same when
directed so to do by the Dock Board and upon his
failure so to do shall be guilty of a misdemeanor
and punished as hereinafter provided;
Section 9. The Dock Board of the City of Dubu-
que is hereby authorized and empowered to establish
No Parking areas on the property under its jurisdic-
tion and when any such area shall be established
by Dock Board Ordinance, and signs have been
posted giving notice thereof, it shall thereafter be
unlawful for the owner or operator of any motor
vehicle or boat trailer to park the same in such areas;
Section 10. Any person, firm or corporation
found guilty of the violation of any of the provisions
of this Ordinance shall be punished by a fine not
exceeding one hundred dollars ($100) or be im-
prisoned not exceeding thirty (30) days.
Passed, adopted and approved this 3rd day of
June, A. D. 1957.
CHARLES E. DOVE, Mayor
CLARENCE P. WELU
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZINGER, Councilmen
Attest: Leo F. Frommelt, City Clerk
Published officially in the Telegraph Herald
Newspaper this 7th day of June, 1957.
LEO F. FROMMELT, City Clerk
It. 6-7
Dock Board Ordinance No. 1-57
An Ordinance Regulating the Use of the Municipally
Owned Waterfront, Establishing Charges for the
Use thereof, and Repealing Dock Board Ordinance
No. 2.
Be it Ordained by the Dock Board of the City of
Dubuque:
Section 1. No new structures or repairs upon or
along the waterfront of the City of Dubuque shall be
undertaken except upon application to the Dock
Board and under permit by it, and in accordance
with the general plans of the Dock Board and
pursuant to specifications submitted to the Board and
approved by it upon said application;
Section 2. The Dock Board Manager is hereby
directed to lay off and designate boat landing areas
along the municipally owned waterfront for pleasure
craft, commercial vessels and public landings and
to mark the public landings with suitable signs
delineating their boundaries;
Section 3. Except at public landings, no person
shall moor or cause to be moored a vessel, float,
boat house or other water craft, along the water-
front of the City of Dubuque without first obtaining
a permit to do so from the Dock Board;
Section 4. Mooring permits may be obtained
from the Dock Board by making application therefor
on forms provided by the Dock Board Manager and
paying an annual permit fee as follows:
(a.) For commercial space, $2.00 per linear foot
per year;
(b.) For pleasure craft space, $1.00 per linear
foot per year;
Section 5. The Dock Board may negotiate agree-
ments for the use of portions of the waterfront for
periods longer than one year, at such rentals as the
Dock Board may in its discretion deem compensatory;
Section 6. Dock Board Ordinance No. 2 is hereby
repealed;
Section 7. The Secretary is hereby directed to
cause a certified copy of this Ordinance to be
transmitted to the City Clerk and to keep a copy of
the same posted in a conspicuous place in the offices
of the Dock Board.
Passed and adopted this 15th day of May, 1957.
A. Y. McDONALD, President
F. WAGNER
FRED NEYENS, Commissioners
Attest: Fred Neyens, Secretary
Published officially in the Telegraph Herald
Newspaper this 7th day of June, 1957.
LEO F. FROMMELT, City Clerk
It 6-7
Ordinance No. 61-57
An Ordinance Amending Ordinance No. 26-51, by
Repealing Section 5 Thereof, and Adding a New
Section 5, and Section 5A Thereto.
Be it Ordained by the City Council of the City of
Dubuque:
Section 1. That Section 5 of Ordinance No. 26-51,
be and the same is hereby repealed and the following
enacted in lieu thereof:
"Section 5. That the various municipally owned
Parking Lots in the City of Dubuque shall be de-
signated numerically as follows:
Lot No. 1-The lot situated between Ninth and
Tenth Streets and Iowa Street and Central Avenue;
Lot No. 2-The lot situated at the southeast corner
of Ninth and Bluff Streets;
Lot No. 3-The lot situated at the northwest cor-
ner of Fifth and Bluff Streets;
Lot No. 4-The lot situated at the southwest corner
of Ninth and Bluff Streets;
Lot No. 5-The lot situated at the northwest cor-
ner of Ninth and Bluff Streets;
Lot No. 6-The lot situated at the southwest corner
of Fourth and Iowa Streets;
Lot No. 7-The lot situated generally on Lots 7
and 8 of City Lot 688;"
Section 2. That Ordinance No. 26-51 be and the
same is hereby amended by adding a new Section
5A thereto as follows:
"Section 5A. Parking meters on municipally
owned parking lots, when installed and properly
operated, shall show legal parking upon and after
the deposit of the United States coins, in accordance
with the following schedule:
1-On Parking Lots Nos. 1, 2, 3, 4 and 5, such
meters shall show legal parking for one hour upon
the deposit of each five cent coin, two hours upon
the deposit of each ten cent coin and five hours
upon the deposit of one twenty-five cent coin;
2-On Parking Lots Nos. 6 and 7 such meters shall
show legal parking for two hours upon the deposit
of each five cent coin, four hours upon the deposit of
each ten cent coin; and ten hours upon the deposit
of one twenty-five cent coin."
Section 3. This Ordinance shall be in full force
and effect from and after its final passage, adoption
and publication as by law provided.
Introduced the 23rd day of October, 1957
Rule requiring reading on three separate days
suspended by unanimous vote the 23rd day of
October, 1957.
Passed by recorded roll -call vote, adopted and
approved this 23rd day of October, 1957.
CHARLES E. DOVE, Mayor
CLARENCE P. WELU
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZINGER, Councilmen
Attest: Leo F. Frommelt, City Clerk
Published officially in The Telegraph Herald
Newspaper this 28th day of October, 1957.
LEO F. FROMMELT, City Clerk
It 10-28
13
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 comprehend the
supervision, maintenance and repair of all grounds,
roads, buildings, recreational facilities and appurten-
ances 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 rec-
reational equipment or buildings, said Commission
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 employ-
ing such equipment or buildings.
14
Section 3. That except for the appurtenant ease-
ments of right of way and a strip along Pennsylvania
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
ORDINANCE NO. 47
No. 2-53
ORDINANCE NO. 53
No. 51-51
ORDINANCE NO. 171
No. 45-51
REPEALED by
REPEALED by
REPEALED by
CHAPTER VI
Streets and Sidewalks
Ordinance
Ordinance
Ordinance
Ordinance No. 45-51
An Ordinance Prohibiting Excavations in Streets or
Other Public Places Without a Permit; Providing
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 without
first obtaining a permit from the City Manager 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 accord-
ance 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 restoration,
to the approval of the City Manager, the paving
surface shall then be restored by the City Street
Department as soon as practicable at permittee'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 additional 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 excess
of the charge the difference shall be refunded to
the permit holder.
Section 6. Any work done under a permit pro-
vided 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
person, firm, or corporation who shall not have first
been authorized by the Ctiy 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
provided 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 1(1. 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 approval of
the City Council.
Section 12. The City Manager is hereby author-
ized to delegate any of the powers conferred on
15
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 per-
forming work under a contract with the City but
any such contract shall require a substantial com-
pliance with the provisions of this ordinance.
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, shall 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 supervision,
inspection and accounting, and shall certify such
actual cost to the City Clerk who, in turn, shall
promptly certify said cost to the County Auditor and
it shall then be collected with and in the same
manner as general property taxes in accordance
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 hundred
dollars ($100).
Section 5. Ordinance No. 53 entitled "An Ordi-
nance providing for the cleaning of sidewalks" is
hereby repealed.
Adopted 11/13/51
Published 11/19/51
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
16
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 Lom-
bard street shall be called Dodge street.
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 Ojty 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 Record-
er 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 Bun-
ker 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 Ordinace Providing for the Construction or Repair
of permanent or temporary Sidewalks and the
Assessment of the cost thereof; providing for a
penalty for violation hereof; and repealing Ordi-
nances 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 other-
wise ordered, shall be permanent sidewalks and
shall be constructed as provided in the plans and
specifications for permanent sidewalks prepared by
the Engineer and approved by the Council.
Section 2. It shall be the duty of the Engineer,
upon the taking effect of this Ordinance, to submit
plans and specifications for permanent and tem-
porary sidewalks to the Council, and the Council,
upon making such changes as they deem advisable,
shall approve the same and such plans and specifi-
cations so approved shall constitute the plans and
specifications for permanent and temporary side-
walks 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 property
at any time, at his own expense by securing a permit
from the City Manager, but such sidewalks shall
conform strictly to this Ordinance and the plans and
specifications then in force, and no permanent side-
walk shall be built by any person without securing
the permit therefor, and whoever shall build or under-
take to build, or have any person build for him,
any permanent sidewalk, without 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 because of any negligence
of himself or his employees while constructing said
walk and that he will keep the walk in good and per-
fect repair for the time stated in the plans and speci-
fications and shall be liable on said bond to the
City and property 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 property
owner for building the same. The contractor build-
ing a walk under private contract shall report 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 re-
placed 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 sidewalks
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 Resolution.
Section 8. Upon completion of the work the City
Engineer shall certify the cost thereof together 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 there-
upon by Resolution set a time and place of hearing
17
on such proposed assessment and direct notice of
such hearing to be given. At such hearing the City
Council may adopt, or modify and adopt, the sched-
ule as submitted by the City Engineer and levy such
assessments as a special tax in the amounts and
against the properties as shown by said schedule as
adopted. However, the assessment as shown by the
proposed schedule of any taxpayer shall not be in-
creased 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.
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 ',axes.
Section 11. The City Council may, by Resolution,
provide for the laying, relaying or repair of temporary
sidewalks and assess the cost thereof 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 Avenue
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:
18
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;
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:
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 Victoria
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 Victoria
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 Lor-
rayne 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 sur-
face 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 latter 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 Koer-
perick'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 Subdivision,
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 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 Kauf-
mann Avenue be and the same is hereby extended
and established as a public street to include said
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 Dubu-
que 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 auth-
orized 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
19
the same are hereby changed as follows:
Earl Drive and Earl Drive East in Falk's Subdivi-
sion 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 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.
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 here-
by authorized and directed to record a certified 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
Ordinance No. 3-56
An ordinance establishing a public street on Lot 1
of the Subdivision of Lot 5 in Hoskins Subdivision
and Lot 21 in Grandview Avenue Addition to be
known as Cleveland Avenue.
Be it Ordained by the City Council of the City of
Dubuque:
Section 1. That the strip of land now owned by
the City of Dubuque in the City of Dubuque, Dubuque
County, Iowa known as "Lot 1 of the Subdivision of
Hoskin's Subdivision and Lot 21 in Grandview Ave-
nue Addition" be and the same is hereby established
as a public street to be known as Cleveland Avenue.
Section 2. That the City Clerk be and he is here-
by authorized and directed to record a certified copy
of this Ordinance with the County Recorder of Du-
buque County, Iowa.
Rule requiring reading on 3 separate days sus-
pended by three -fourths vote February 7th 1956.
Recommendation of Planning and Zoning Com-
mission received March 2, 1956.
Adopted by majority of recorded roll call vote
and approved March 5, 1956.
CLARENCE P. WELU, Mayor
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZINGER
CHARLES E. DOVE, Councilmen
Attest: Leo F. Frommelt, City Clerk
Published once in Telegraph -Herald newspaper
March 8, 1956.
LEO F. FROMMELT, City Clerk
It 3/8
20
Ordinance No. 42-56
An Ordinance Accepting Conveyance of Certain
Parcels of Real Estate and Establishing and Nam-
ing Public. Streets thereon.
Now therefore be it Ordained by the City Council
of City of Dubuque:
Section 1. That the conveyance of the following
described real estate situated in the City of Dubuque,
Dubuque County, Iowa, described as: A strip of land
30 feet in width along the south side of Lot 2 of Lot 1
of Lot 1 of Link's Subdivision, together with Lot 2 of
Lot 2 of the Subdivision of Lots 10 and 11 in Wilson's
Dubuque, and the conveyance of Lot 2 of Lot 2 of
the Subdivision of Lots 8 and 9 in Wilson's Dubuque,
and the conveyance of Lot 2 of the Subdivision of
Lot 2 of Lot 1 of the Subdivision of Lots 8 and 9 in
Wilson's Dubuque, be and the same are hereby
accepted by the City of Dubuque and a public street
40 feet in width established thereon to be known
hereafter as "Wilbricht Lane";
Section 2. That the conveyance of Lot 1 of Lot 2
of Link's Subdivision in the City of Dubuque be and
the same is hereby accepted by the City of Dubuque
and a public street 30 feet in width be and the same
is hereby established thereon to be hereafter known
as "Merfeld Lane";
Section 3. That the conveyance of the westerly
40 feet of Lot 2 of Lot 3 of Link's Subdivision in the
City of Dubuque be and the same is hereby accepted
by the City of Dubuque and a public street 40 feet
in width established thereon to be hereafter known
as "Montana Street";
Section 4. That the City Clerk be and he is
hereby authorized and directed to file a certified copy
of this Ordinance in the office of the County Recorder
of Dubuque County, Iowa.
Passed on first reading this 20th day of August,
1956.
Rule requiring reading on three separate days
suspended by unanimous vote this 20th day of
August, 1956.
Passed, adopted and approved by unanimous
recorded roll call vote this 20th day of August, 1956.
CLARENCE P. WELU, Mayor
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZINGER
CHARLES E. DOVE, Councilmen
Attest: Leo F. Frommelt, City Clerk
Published officially in the Telegraph Herald
Newspaper this 24th day of August, 1956
LEO F. FROMMELT, City Clerk
Ordinance No. 46-56
An Ordinance Accepting Certain Conveyances of
Real Estate for the Widening and Extension of
Sullivan Street and Establishing a Public Street
Thereon.
Now therefore, be it Ordained by the City Council of
the City of Dubuque:
Section 1. That the conveyance of Lot 1 of the
Subdivision of Lot 2 of Lot 9 and Lot 2 of the Sub-
division of Lot 1 of Lot 1 of Lot 11 of Brockman's Sub-
division in the City of Dubuque, Iowa, according to
the recorded plats thereof, by Herman C. Brockman
and Gertrude Brockman, dated August 20th, 1956,
be and the same is hereby accepted;
Section 2. That Sullivan Street in the City of
Dubuque be and the same is hereby widened and
extended to include the above described real estate
and established as a public street in the City of
Dubuque, Dubuque County, Iowa.
Section 3. This Ordinance shall be in full force
and effect from and after its final passage, adoption
and publication as by law provided.
Introduced the 4th day of September, 1956.
Rule requiring reading on three separate days
suspended by unanimous vote the 4th day of Septem-
ber, 1956.
Passed, adopted and approved this 4th day of
September, 1956.
CLARENCE P. WELU, Mayor
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZINGER
CHARLES E. DOVE, Councilmen
Attest: Leo F. Frommelt, City Clerk
Published officially in the Telegraph Herald News-
paper this 10th day of September, 1956.
LEO F. FROMMELT, City Clerk
It 9-10
Ordinance No. 54-56
An Ordinance Widening Robinson Avenue and
Changing the Name thereof to West Ninth Street.
Be it Ordained by the City Council of the City of
Dubuque:
Section 1. That Robinson Avenue, from Bluff
Street to University Avenue, be and the same is here-
by widened to include the entire traveled way, side-
walks and off-street parking areas as the same ap-
pear upon the plat for the improvement of West
Ninth Street, as approved by Resolution No. 173-56
heretofore adopted by the City Council on the 6th
day of August, 1956;
Section 2. That the name of Robinson Avenue,
as hereinbefore widened, be and the same is here-
by changed to West Ninth Street.
Section 3. This Ordinance shall be in full force
and effect from and after its final passage, adoption
and publication as by law provided.
Introduced the 20th day of November, 1956.
Rule requiring reading on three separate days
suspended by unanimous vote on the 20th day of
November, 1956.
Passed, adopted and approved this 20th day of
November, 1956.
CLARENCE P. WELU, Mayor
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZINGER
CHARLES E. DOVE, Councilmen
Attest: Leo F. Frommelt, City Clerk
Published officially in The Telegraph Herald
Newspaper this 26th day of November, 1956.
LEO F. FROMMELT, City Clerk
It 11/26
Ordinance No. 59-56
AN Ordinance Naming KERRIGAN ROAD
Whereas the late Frank Kerrigan, during his years
of public service, and particularly during the time
he served as a member of the Iowa State Highway
Commission, performed many civic works which
have left an enduring memory in the minds of his
fellow citizens throughout the State of Iowa; and
Whereas the City Council of the City of Dubuque
deems it fitting and proper that a lasting tribute be
established in honor to that memory;
Now therefore be it Ordained by the City Council of
the City of Dubuque:
Section 1. That the extensions of U. S. Highways
52, 67, 61 and 151, as the same are now being re-
located and improved by the State of Iowa, within
the City of Dubuque, from Southern Avenue to the
City limits be and the same is hereby designated
and named "Kerrigan Road";
Section 2. That this Ordinance be in full force
and effect upon the acceptance of said portion of
said improvement by the State of Iowa and the
establishment of the same as a City Street.
Passed, adopted and approved this 20th day of
November A.D. 1956.
CLARENCE P. WELU, Mayor
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZINGER
CHARLES E. DOVE, Councilmen
Attest: Leo F. Frommelt, City Clerk
Published officially in the Telegraph Herald
Newspaper this 26th day of November, 1956.
LEO F. FROMMELT, City Clerk
It 11/26
Ordinance No. 14-57
An Ordinance Establishing North Grandview Avenue
and Changing the Names of Certain Streets to
provide therefor.
Be it Ordained by the City Council of the City of
Dubuque:
Section 1. That "Grandview Avenue Extension"
as the same/has been constructed under the plan
and specifications approved by Resolution No. 35-55
be and the same is hereby established as a public
street to be known as "North Grandview Avenue;"
Section 2. That the name of Audubon Street from
its southerly teiniinus to the extension of the south
property line of Lot 74 in Woodlawn Park Addition
be and the same is hereby changed to North Grand-
view Avenue;
Section 3. That a strip of land 50 feet in width
through lot 1 of Lot 79, Lot 78, Lot 77, Lot 2 of Lot 1
of Lot 76, Lot 125, Lot 124, Lot 126, Lot 127, and Lot
128, all in Woodlawn Park Addition, as the same has
21
been laid out on plans prepared by the City Engineer
and submitted to the City Council be and the suine
is hereby established as a public street to be here-
after known as "North Grandview Avenue;"
Section 4. That the name of Rosedale Avenue
from its intersection with the alley first east of Atlantic
Street to its intersection with Avoca Street, be and
the same is hereby changed to "North Grandview
Avenue;"
Section 5. That the name of Avoca Street from
its intersection with Rosedale Avenue to its northerly
terminus be and the same is hereby changed to
"North Grandview Avenue;"
Section 6. That North Grandview Avenue be
and the same is hereby widened to include Lot A
of Lot 1 of Lot 1 of Lot 179 and part of Lot 5 of Lot 179,
both in Woodlawn Park Addition;
Section 7. That upon the adoption and publi-
cation of this Ordinance the City Clerk be and he
is hereby authorized and directed to record a certified
copy thereof in the office of the County Recorder of
Dubuque County, Iowa, in the manner provided by
law.
Section 8. This Ordinance shall be in full force
and effect from and after its final passage, adoption
and publication as by law provided.
Introduced the 4th day of February, 1957.
Rule requiring reading on three separate days
suspended by unanimous vote the 4th day of
February, 1957.
Passed, adopted and approved this 4th day of
March, 1957.
CHARLES E. DOVE, Mayor
CLARENCE P. WELU
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZINGER, Councilmen
Attest: Leo F. Frommelt, City Clerk
Published officially in the Telegraph Herald
Newspaper this 8th day of March, 1957.
LEO F. FROMMELT, City Clerk
Ordinance No. 62-57
An Ordinance Establishing Regulations for Curb
Cuts and Requiring that Permit be Obtained there-
for; and Proving Penalty for Violation hereof.
Be it Ordained by the City Council of the City of
Dubuque:
Section 1. That no person shall begin to con-
struct, reconstruct, repair, alter or change any curb,
curb cut or driveway on the public streets or alleys
of the City of Dubuque without first obtaining a
permit therefor from the City Manager, as provided
by this Ordinance;
Section 2. An applicant for a permit hereunder
shall file with the City Manager an application show-
ing the name and address of the owner of the prop-
erty abutting the proposed work area; the name and
address of the party doing the work, and such other
information as the City Manager shall find reason-
22
ably necessary to the determination of whether a
permit should issue hereunder;
Section 3. Any person or firm desiring to engage
in the construction of driveways or the alteration of
curbs on public streets in the City of Dubuque, as
a business, 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 employees
while doing the work and that he will keep the work
in good and perfect repair for the time stated in the
standard plans and specifications for such work, and
shall be liable on said bond to the City and property
owner for any damage, loss and expense caused by
reason of his failure to do the work according to the
standard specifications, and for any breach of the
bond. One of the conditions of the bond shall be that
the Engineer's decision that the work needs repair
shall be final. Such bond shall be subject to annual
approval by the City Council;
Section 4. The City Manager shall issue a permit
for the work applied for hereunder when he finds:
(1) That the work will be done in accordance
with the standard specifications for curbs, curb cuts
and driveways prepared by the City Engineer and
approved by the City Council;
(2) That the proposed work will not unreasonably
interfere with vehicular and pedestrian traffic, the
demand and necessity for parking spaces and means
of egress and ingress to and from the property affect-
ed and adjacent property;
(3) That the health, welfare and safety of the
public will not be unreasonably impaired;
Section 5. The owner of the abutting property
shall agree, as a condition to the granting of the
permit, for himself and his successors in title to the
abutting property, to make, at the expense of the
abutting property, all necessary changes in the
improvement as may subsequently be found reason-
ably necessary for the preservation of the public
health, welfare or safety;
Section 6. The City Manager shall not hereafter
grant permission for any curb cuts in any of the
curbs on Locust Street between Jones Street and
Southern Avenue or on Kerrigan Road from Southern
Avenue to the City limits without prior approval by
the City Council, nor shall he grant permits for drive-
ways providing access to the foregoing enumerated
streets without prior approval from the City Council;
Section 7. Any person, firm or corporation who
violates any of the provisions of this Ordinance shall,
upon conviction thereof, be fined not to exceed One
Hundred Dollars ($100), or be imprisoned for a period
not to exceed thirty (30) days.
Section 8. This Ordinance shall be in full force
and effect from and after its final passage, adoption
and publication as by law provided.
Introduced the 25th day of November, 1957.
Rule requiring reading on three separate days
suspended by unamious vote the 25th day of Novem-
ber, 1957.
w
Passed by recorded roll -call vote, adopted and
approved this 25th day of November, 1957.
CHARLES E. DOVE, Mayor
CLARENCE P. WELU
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZINGER, Councilmen
Attest: Leo F. Frommelt, City Clerk
Published officially in the Telegraph Herald
newspaper this 29th day of November, 1957.
LEO F. FROMMELT, City Clerk
It 11-29
23
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 There-
on; Regulating the Street and Sidewalk Display
of Food Elsewhere in the City of Dubuque; Pro-
viding a Penalty for the Violation Hereof; and Repeal-
ing Ordinance Nos. 36, 154, and 24-42.
Be it Ordained by the City Council of the City of
Dubuque:
Section 1. That part of the property of the City
adjacent to the City Hall, together with such part of
both sides of Iowa Street between Twelfth Street and
Thirteenth Street and both sides of Thirteenth Street
between Central Avenue and the alley first west of
Iowa Street, as may be necessary shall constitute
and be known as the Central Market.
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 issuance of
the permit and paid over to the City Treasurer;
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 merchandise
24
on the streets and sidewalks of the Central Market
except poultry, vegetables, flowers, eggs, butter and
fruits, raised or produced by the vendor and display-
ed at a stall for which a permit has been issued un-
der 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 selling
such food shall be guilty of a misdeameanor. If
any person, firm or corporation holding a permit 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 repeal-
ed.
Section 8. Any person, firm or corporation who
violates any of the provisions of this Ordinance shall,
upon conviction thereof, be fined not to exceed 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
CHAPTER Vill
Public Health
ORDINANCE NO. 34, Section 8 REPEALED by Ordi-
nance 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 the following 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 consumer 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 repealed
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 permitted
in this section, no milk producer or distributor 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 containers approved by
State Health authorities. It shall be unlawful for
hotels, soda fountains, restaurants, 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 dis-
pensing device; provided, that this requirement shall
not apply to cream consumed on the premises, which
may be served from the original bottle or from a
dispenser 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 bottles 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. Ap-
paratus, containers, equipment, and utensils used
in the handling, storage, processing, or transporting
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 ROUTINE IN-
SPECTION. 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 t5 the requirements of this Ordinance;
provided, that the health officer shall satisfy himself
that the health officer having jurisdiction 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 repeal-
ed 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 ex-
tensively altered shall conform in their construction
25
to the requirements of this Ordinance for Grade A
dairy farms, or for Grade A pasteurization plants,
respectively; provided, 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
from the health officer or State Department of Health."
Section 5. This Ordinance shall be in full lorce
and effect from and after its final passage, adoption
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 Occupancy
of Dwellings Within Such Areas; Providing 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 suit-
able barricades and signs giving notice thereof:
Section 2. After signs have been erected giving
notice thereof, no person or vehicles shall enter said
flood area without first having been authorized 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 de-
manded by public interest, which permits shall not
be transferable and shall be displayed in a pro-
minent 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, film 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
Dollars ($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
26
Ordinance No. 38-53
An Ordinance Providing for Municipal Collection of
Garbage and Refuse; Defining Terms; Prescribing
Rules and Regulations Therefor; Restricting the
Private Collection of Garbage and Refuse; Re-
pealing Ordinances in Conflict therewith; and
Providing Penalties for Violation thereof.
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) "Garbage" shall mean any and all refuse
from food incidental to its preparation or use for
human consumption;
(b) "Refuse" shall mean all paper, ashes, cans,
bottles, yard rakings and other debris which is of
small enough size to be placed in the proper con-
tainers, but excluding any and all building materials,
Section 2. The City Manager is hereby author-
ized and directed to employ City -owned vehicles and
equipment, and the necessary operating personnel,
to collect all garbage and refuse from dwellings
and business places in the City of Dubuque, upon
following terms and conditions:
(a) Collections shall be made not more than
twice weekly, at such time and in such areas of
the City as shall be set out in schedules prepared
by the City Manager.
(b) The City Manager is hereby authorized and
empowered to change or amend such schedules
from time to time as he, in his discretion, shall deem
necessary.
(c) Where collections are made from alleys,
garbage and refuse containers shall be placed as
near as practicable to the property line abutting
the alley on the days designated in such schedule.
(d) Where collections are made from the street,
garbage and refuse containers may be placed in
the street on the property side of the curb on the
days designated in said schedule. However, such
containers shall be placed so as not to interfere
with vehicular and pedestrian traffic and when
emptied shall be promptly removed by the occu-
pant of the premises.
Section 3. Refuse shall be placed in containers
not more than twenty gallons in capacity and when
refuse is mixed with garbage, or other offensive
organic material, the containers shall be of a type
required for garbage. However, it shall not be neces-
sary to place books, magazines or newspapers in
containers, provided the same are securely tied in
bundles not larger than 20x20x36 inches.
Section 4. Within the corporate limits of the
City of Dubuque, all garbage or refuse, consisting
of waste animal and vegetable matter, which may
attract flies, dogs or rodents, shall be drained of
all excess liquor, wrapped in paper or disposable
containers, and placed or stored, until collected,
in covered metal containers of a type prescribed by
the health officer.
Section 5. It shall be unlawful for any person
to permit to accumulate on any premises, improved
■s
or vacant, or on any public place in the City of
Dubuque, such quantities of garbage, either in con-
tainers or not, that shall, in the opinion of the health
officer, constitute a health or sanitation hazard.
Section 6. It shall be unlawful for any person
to permit to accumulate quantities of refuse, papers,
trash, ashes, or other waste materials within or close
to any building in the City of Dubuque, unless the
same is stored in containers in such a manner as not
to create a health or fire hazard.
Section 7. No person, firm, or corporation shall
engage in the business of removing garbage or re-
fuse from the premises of others unless he shall have
first applied for and received a permit to do so from
the City Manager. Applications for such permission
shall specify the route to be traveled, the places to
be served, and the name and residence of the
applicant.
Section 8. No person shall haul any garbage
upon the streets, alleys or public places of the City
of Dubuque, unless the same is in approved con-
tainers, securely fastened to prevent spillage, or in
a water -tight covered vehicle.
Section 9. No person shall haul refuse upon the
streets, alleys or public places of the City of Dubuque
unless the same is in approved containers or securely
battened down to prevent litter being deposited in
the public ways.
Section 10. Section 8 of Ordinance No. 34 is
hereby repealed.
Section 11. Ordinance No. 28-29 is hereby re-
pealed.
Section 12. Ordinance No. 147, as amended, is
hereby repealed.
Section 13. Any person who shall violate any
of the provisions of this Ordinance shall be guilty
of a misdemeanor and punished by a fine of not
more than One Hundred Dollars ($100) or be im-
prisoned for not more than thirty (30) days in lieu
of such fine.
Adopted 6/1/53
Published 6/5/53
Ordinance No. 39-53
An Ordinance Exacting Compliance with Public
Health Service Milk Ordinance in Addition to
Ordinance No. 7-41 and Providing Penalty for
Violation thereof.
Be it Ordained by the City Council of the City of
Dubuque:
Section 1. In addition to the requirements and
provisions of Ordinance No. 7-41 of the City of
Dubuque, as amended, all persons, firms or corpor-
ations producing, transporting, processing, handling,
labeling, selling or offering for sale any milk or milk
products for ultimate consumption within the City of
Dubuque, Iowa, shall also comply with the terms
of the unabridged form of the Ordinance in "Milk
Ordinance and Code - 1953 Recommendations of
the Public Health Service" as approved by the City
Council by Resolution No. 278-53 on the 1st day of
June, 1953;
Section 2. In addition to the provisions of Ordi-
nance No. 7-41 of the City of Dubuque, as amended,
the sampling, examination, grading, and labeling
of milk or milk products sold or offered for sale for
ultimate consumption within the City of Dubuque;
the inspection of dairy herds, dairies and milk plants;
and the issuance and revocation of permits to milk
producers, haulers and distributors shall all be done
in accordance with the terms of the unabridged form
of the Ordinance in "Milk Ordinance and Code - 1953
Recommendations of the Public Health Service" as
approved by the City Council by Resolution No.
278-53 on the 1st day of June, 1953;
Section 3. Any person who shall violate any of
the provisions of this Ordinance shall be fined not
more than One Hundred Dollars ($.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-lr 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-lr Cows -Health — All milk for pasteurization
shall be from herds which are located in a modified
accredited tuberculosis -free area, as determined by
the Bureau of Animal Industry, United States De-
partment of Agriculture, and which has been tested
for tuberculosis not more than 6 years prior to the
adoption of this ordinance and at least very 6 years
after such test: Provided, that herds located in an
area that fails to maintain such accredited 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 annual tuberculin test. All
additions to such herds shall be free from tuber-
culosis. Said tests and retests shall be made, and
any reactors' disposed of, in accordance with the
latest requirements approved by the Bureau of
Animal Industry, United States Department of Agri-
culture, 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 evi-
dence 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
27
eradication of brucellosis. Evidence of this certifi-
cation 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 certi-
ficate identifying each animal, signed by the veteri-
narian 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 quar-
ters 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 ex-
tensive 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:
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 pro-
curing 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
Ordinance No. 41-56
An Ordinance Amending Ordinance No. 7-41 by
adding a new section 3A thereto to provide for the
payment of permit fees.
Be it Ordained by the City Council of the City of
Dubuque:
Section 1. That Ordinance No. 7-41 be and the
same is hereby amended by adding a new section
3A thereto as follows:
28
"Section 3A. Every person, firm or corporation
that operates a milk plant and brings into, sends
into, or receives in the City of Dubuque, Iowa, milk
or milk products, as herein defined, shall pay a
monthly permit fee of 1.5c for each 100 pounds of
such milk or milk products. The City Health Officer
is hereby authorized to investigate the accuracy of
the permit fees paid hereunder. On or before the
20th day of each month, commencing with the 20th
day of October, 1956, the permittee shall file with
the City Treasurer a statement showing amounts of
milk handled in the preceeding month together with
its remittance for the full amount due. An additional
10% penalty shall attach for failure to pay such fees
when due. Failure to pay the monthly permit fee
when due shall be good grounds for revocation or
suspension of the permit.
Any person, firm or corporation who shall have
paid a fee to any municipality which enforces stand-
ards equivalent to the requirements of this ordinance
shall be entitled to a credit against the permit fee
established herein in the amount so paid but not to
exceed 1.5c per 100 pounds of such milk or milk
products. Provided however, that in order to be en-
titled to such credit, the permit holder shall first
exhibit satisfactory evidence of payment to such
other municipality and that such municipality extends
reciprocal credits against its fees for amounts paid
to the City of Dubuque.
Introduced on first reading this 6th day of August,
1956.
Passed, adopted and approved by roll call vote
this 20th day of August, 1956.
CLARENCE P. WELU, Mayor
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZINGER
CHARLES E. DOVE, Councilmen
Attest: Leo F. Frommelt, City Clerk
Published officially in the Telegraph Herald
Newspaper this 24th day of August, 1956.
LEO F. FROMMELT, City Clerk
1 t 8-24
Ordinance No. 39-57
An Ordinance Regulating the Disposal of Sewage
and Wastes Into Public Sewers of the City of
Dubuque, and Providing Penalties for the Violation
Thereof.
Be it Ordained by the City Council of the City of
Dubuque, Iowa, that
Section 1. It shall be unlawful for any person
to place or deposit or cause to be deposited into
any sewer under the jurisdiction of said City any
sanitary sewage, industrial waste or other polluted
waters except in accordance with the provisions of
this ordinance.
Section 2. The following words and terms as
used in this Ordinance shall be deemed to mean
and be construed as follows:
Sewer System: Sewer system refers to any and
all units of the municipal sewer system, including
private sewers, lateral sewers, trunk line sewers and
interceptor sewers.
City Manager: The City Manager refers to the
City Manager of City of Dubuque.
Contributor: Contributor refers to any person,
firm or corporation responsible for the production of
domestic, commercial or industrial waste which is
directly or indirectly discharged into the city's sewer
system.
Section 3. Except as hereinafter provided, no
person shall discharge or cause to be discharged
into any public or private sewer any of the follow-
ing described substances, materials, waters or
wastes:
(a) Any liquid or vapor having a temperature
higher than 150 degrees Fahrenheit (65 degrees Centi-
grade), except for discharge to a storm sewer.
(b) Any gasoline, benzine, naphtha, fuel oil,
mineral oil or other flammable or explosive liquid,
solid or gas, except in emergencies under the super-
vision of the Fire Department.
(c) Any water or wastes containing emulsified oil
or grease exceeding on analysis an average of 100
parts per million floatable and 600 parts per million
dispersed of ether soluble matter.
(d) Any water or wastes which contain more
than ten parts per million by weight of the following
gases: hydrogen sulphide, sulphur dioxide or nitrous
oxide.
(e) Any water or wastes that contain grease
or oil or other substance that will solidify or become
discernibly fiscous at temperatures between 32
degrees to 150 degrees Fahrenheit.
(f) Any garbage that has not been properly com-
minuted or triturated.
(g) Any ashes, cinders, sand, mud, straw,
shavings, metal, glass, rags, feathers, tar, plastics,
wood, paunch manure, hair and fleshings, entrails,
lime slurry, lime residues, beer or distillery slops,
chemical residues, paint residues, cannery waste,
bulk soiids, or any other solid or viscous substance
capable of causing obstruction to the flow in sewers
or other interference with the proper operation of
the sewage treatment plant.
(h) Any water or wastes that contain phenols in
excess of 0.50 parts per million.
(i) Any waters or wastes having corrosive prop-
erties capable of causing damage or hazard to stru-
ctures, equipment or personnel of the sewage treat-
ment plant. .Free acids and alkalis of such wastes
must be neutralized within a permissible range of
pH, between 4.5 and 10.0.
(j) Any waters or wastes containing a toxic or
poisonous substance or of high chlorine demand in
sufficient quantity to injure or interfere with any
sewage treatment process, constitute a hazard to
humans or animals, or create any hazard in the
receiving waters or the effluent of the Sewage Treat-
ment Plant. Materials such as copper, zinc, chromium
and similar toxic substances shall be limited to the
following average quantities in the sewage as it
arrives at the treatment plant and at no time shall
the hourly concentration at the Sewage Treatment
Plant exceed three (3) times the average concentra-
tion:
Iron as Fe 15 parts per million
Chromium as Cr
(Hexavalent) 5 parts per million
Copper as Cu 3 parts per million
Zinc as Zn 2 parts per million
Chlorine Demand 30 parts per million
(k) Any cyanides in excess of two parts per
million by weight as CN in the wastes from any outlet
into the public sewers.
(1) Any water or wastes containing the discharge
of acid pickling wastes or concentrated plating solu-
tions, whether neutralized or not, which are capable
of causing any obstruction, damage or corrosion in
the sewers or the Sewage Treatment Plant.
(m) Any waters containing suspended solids of
such character and quantity that unusual provision,
attention or expense is required to handle such
materials at the Sewage Treatment Plant.
(n) Any noxious or malodorous gas or other
substance which either singly or by interaction with
other wastes is capable of creating a public nuisance
or hazard to life or of preventing entry into sewers
for their maintenance and repair.
(o) Any toxic radioactive isotopes having a half-
life of more than 100 days.
(p) Any wastes that for a duration of fifteen
minutes have a concentration greater than five times
that of "Normal Sewage" as measured by suspended
solids and B.O.D.
(q) Any waters, wastes, materials or substances
which react with waters or wastes in the sewer
system to release noxious gases, develop color of
undersirable intensity, form suspended solids in
objectionable concentration or create any other con-
dition deleterious to structures and treatment proces-
ses.
Section 4. The City Manager, or his duly au-
thorized representative, shall be entitled to access
to the premises of any contributor for the purpose of
inspection, observation, measurement, sampling, and
testing at any reasonable time to such extent as
may be necessary to carry out the spirit and intent of
this Ordinance, and it shall be deemed a part of
the agreements on the part of the contributor as a
condition to his permission to connect with the City
Sewer System that such access be granted. Any
person, firm or corporation interfering with the
Manager or his authorized representatives in the
proper performances of their duties under the pro-
visions of this section shall be guilty of a mis-
demeanor.
Section 5. No statement in this article shall be
construed as preventing any special agreement,
arrangement or contract between the City of Dubu-
que and any industrial concern whereby an indus-
trial waste of unusual strength or character may be
accepted by the City for treatment subject to the
rate and cost as established by the City Council.
29
Section 6. Any section, subsection, sentence,
clause, phrase or portion of this Ordinance may be
revised by the City Council.
Section 7. All measurements, tests and analysis
of the characteristics of waters and wastes shall be
determined in accordance with the current volume
"Standard Methods for the Examination of Water
and Sewage" as written by the American Public
Health Association and the American Waterworks
Association.
Section 8. Any contributor shall, upon request
of the City Manager, provide a central collection
point to facilitate observation, measurement and
sampling of the waters or waste. Such collection
points shall be accessible and safely located, and
shall be constructed in accordance with plans ap-
proved by the City Manager. The collection point
shall be installed and maintained by the owner at
his expense. In the event that no collection point is
established or required, the nearest down -stream
man -hole shall be considered as a collection point
for the property which is being served. •
Section 9. Any person, firm or corporation who
shall violate any of the provisions of this Ordinance
shall be demmed guilty of a misdemeanor and on
conviction hereof shall be subject to a fine of not
30
more than one hundred dallars ($100.00) for each
offense, or imprisonment in the County jail for a
term not exceeding thirty (30) days in lieu of such
fine.
Section 10. If any section, subsection, sentence,
clause, phrase, or portion of .,this Ordinance is for
any reason held invalid, or unconstitutional by any
Court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent pro-
vision and such holding shall not affect the validity
of the remaining portions hereof.
This Ordinance shall be in full force and effect
from and after its passage and publication as
provided by law.
Passed, adopted and approved this 6th day of
May, 1957.
CHARLES E. DOVE, Mayor
CLARENCE P. WELU
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZINGER, Councilmen
Attest: Leo F. Frommelt, City Clerk
Published officially in The Telegraph Herald
Newspaper this loth day of May, 1957.
LEO F. FROMMELT, City Clerk
It 5-10
CHAPTER IX
Animals
ORDINANCE NO. 78, Section 64 REPEALED by Ordi-
nance No. 2-52
ORDINANCE NO. 2-52 REPEALED by Ordinance
No. 10-53
ORDINANCE NO. 10-53 AMENDED by Ordinance
No. 56-54.
Ordinance No. 10-53
An Ordinance Regulating the Keeping of Dogs in
the City of Dubuque; Providing for the Licensing
of the Same; Prohibiting the Same from Running
at Large; Providing for the Observation under
Confinement of Biting Dogs; Establishing 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 definitions
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;
(c) All dog licenses issued hereunder shall ex-
pire on December 31st of the year in which issued
and shall become delinquent on March 31 of the
year in which they are due. A penalty of one dollar
($1) shall be added to the above prescribed license
fees for all delinquent licenses."
(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 31 st 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 provided,
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 vicious
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 pro-
pensity 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 keep-
ing 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 impound-
ing 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 Officer;
31
(e) Any unlicensed dog 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 annoy-
ance or disturbance to persons or to the neighbor-
hood.
(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 quarantine 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 approach
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 supervision
of the City Health Officer by being confined, as
provided above, for a period of not less than ninety
(90) days.
32
(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 surrender 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 premises
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, protection
and disposition of dogs, and the collection of fees
for the license and care of seized dogs.
Section 10. Violation of Provisions. Any person
violating any of the provisions of this Ordinance
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 unconstitutional or
invalid for any reason, the remainder of said Ordi-
nance shall not be affected thereby.
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 effect im-
mediately upon its adoption and publication as
provided by law.
Adopted 5/12/53
Published 5/15/53
Ordinance No. 34-57
An Ordinance Prohibiting the Sale of Baby Chicks,
Rabbits or Ducklings as Pets or Novelties, and
Providing a Penalty for the Violation thereof.
Whereas it appears to the City Council that during
certain seasons in the year in the City of Dubuque
persons have engaged in the business of selling baby
chicks, ducklings and other fowl and rabbits as
novelties and pets for children; and
Whereas the Dubuque Society for the Prevention
of Cruelty to Animals has caused it to appear to
the City Council that the result of such sales is
that said pets get into the hands of children of
tender years who are not capable of properly caring
for the same, and abuse and maltreat them; and
Whereas it appears to the City Council that said
pets commonly create a nuisance; and
Whereas in view of the foregoing considerations
the City Council has determined that the sale of such
pets constitutes, in effect, cruelty to animals and is
contrary to the peace and order of the community;
Now therefore, be it Resolved by the City Council
of the City of Dubuque:
Section 1. It shall be unlawful for any person,
firm or corporation to sell, or offer for sale, barter,
or give away, baby chicks, rabbits, ducklings or
other fowl as pets or novelties, whether or not dyed,
colored, or otherwise artificially treated;
Section 2. This Ordinance shall not be construed
to prohibit the display or sale of natural chicks,
ducklings or rabbits in proper brooder facilities, by
hatcheries or stores engaged in the business of selling
the same to be raised for commercial purposes;
Section 3. No person, firm or corporation shall
engage in the business of selling baby chicks,
poultry or domestic fowls within the City of Dubuque
unless he has been licensed to do so by the Depart-
ment of Agriculture of the State of Iowa:
Section 4. Any person, firm or corporation
violating any of the provisions of this Ordinance
shall, upon conviction thereof be subjected to a
fine not exceeding the sum of One Hundred Dollars
($100) or imprisonment for a period not exceeding
thirty (30) days in lieu of such fine.
Section 5. This Ordinance shall be in full force
and effect from and after its final passage, adoption
and publication as by law provided.
Introduced the 1st day of April, 1957.
Rule requiring reading on three separate days
suspended by unanimous vote the 1st day of April,
1957.
Passed, adopted and approved this 1st day of
April, 1957.
CHARLES E. DOVE, Mayor
CLARENCE P. WELU
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZINGER, Councilmen
Attest: Leo F. Frommelt, City Clerk
Published officially in the Telegraph Herald
newspaper this 5th day of April, 1957.
LEO F. FROMMELT, City Clerk
1t 4-5
33
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 apply to
transportation when in comformity with Interstate
Commerce Commission regulations or regulations
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
vapor pressure not exceeding 40 pounds per square
inch (absolute). Flammable liquids shall be divided
into three classes as follows:
Clas I shall include those having flash points at or
below 20° F;
Class II shall include those having flash points
above 20° F, but at or below 70° F;
34
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 flammable
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 requirements
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 national-
ly recognized fire prevention agency for such in-
stallation.
Section 9. All service stations shall be equipped
witri at least one fifteen pound dry power or COl
lire 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 engines.
Conspicuous signs prohibiting smoking share 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 being fueled shall be
shut off during the fueling operation.
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 condition
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 fore-
going section, he may appeal to the City Council
within ten (10) days after receipt of such notice of
such revocation 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.
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 vehicles 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 expansion
of the contents due to rise in temperatures in transit.
No cargo tank or compartment shall be loaded to
a volume in excess of 991/4 % 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 emergency.
In the even -Van 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
35
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
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; Repeatling 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 ordi-
nances, 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, contract 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
36
• the business of distributing handbills, samples or
advertisements of any kind, except by mall.
(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.
(c) Bowling Alley as used herein shall mean any
business which, as its principal business or in con-
nection 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
I
for a public Dance Hall having more than 2500
square feet of clear floor space is hereby fixed at
$25.00 per year. In addition to the foregoing license
fee a charge of $5.00 for any public Dance shall be
exacted to cover the expense of proper police super-
vision.
(i) The license fee for shooting galleries is hereby
fixed at $2.00 per day; $5.00 per week; or $10.00 per
month;
(i) 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 con-
viction thereof shall be fined not more than $100.00,
or in default of such fine shall be imprisoned for
a period of not to exceed 30 days.
Section 7. Ordinance No. 4-33 is hereby repeal-
ed.
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 obstructions
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 without 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 legitimate 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 busi-
ness shall not be separated 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 Pro-
viding 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 Du-
buque without first procuring a license and permit
therefor and paying the fees as hereinafter pre-
scribed.
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 required shall show the
quantity and description of each item, including
the manufacturer's number, if any, and shall sepa-
rately list each item 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 in-
duce 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 concluded
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:
37
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 conviction
thereof shall be punished by a fine not exceeding
$100.00 or by imprisonment not exceeding 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 Dubu-
que, 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, as-
sociation, 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 sales, taking or solicit-
ing orders for goods, wares, products, merchandise
or services for future delivery, whether he collects
advance payments for such sales, or not; provided,
that such definition shall not include any individual
who calls upon or solicits business establishments,
professional offices or institutions, exclusively, or per-
sons who call on prospective customers by appoint-
ment 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 same permanently within the City,
and in addition to the foregoing, the term shall apply
to any person who temporarily locates in the City
38
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 busi-
ness 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 reputation 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 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 reported
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 $100
per year;
(b) The license fee for transient merchants is
hereby fixed at $10 per day, $25 per week, $50 per
month, or $100 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 affidavit
and supporting testimony, show his method of busi-
ness and the gross volume or estimated gross volume
of business and such other information 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 applicant's business with
other businesses of like nature and shall make find-
ings of fact from which he shall determine whether
the fee fixed by this ordinance is unfair, unreasonable
or discriminatory 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 License
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 Officer 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 con-
taminating substances by proper cover or screens. In
the absence of an agreement in writing whenever
any of the articles or commodities 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 Deal-
ers, Junk Collectors, Auto Salvage Dealers and
Pawnbrokers; Prescribing License Fee; Regulating
Pawnbrokers; and providing a Penalty for the
Violation hereof and repealing Ordinances 3-38
and 12-39.
Be it Ordained by the City Council of the City of
Dubuque:
Section 1:1 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.
39
(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 collector,
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.
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 pur-
chasing 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 there-
of;
(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, constable 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 subject the offender to the
penalty hereinafter provided.
40
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 what-
soever; 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 obtaining and receiving
the written consent to the purchase or receipt of said
property, signed and executed 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 guardian 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 car-
penters, 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 Sergeant at the
Police Station in said City, stating the date on which
said tool or implement was purchased 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 im-
plement shall not sell or dispose of the same for a
period of 48 hours after the notice above specified is
given, and until the expiration of such time shall keep
said tool or implement in his store, shop or place of
business in such place that the same can be readily
seen and examined.
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 ordinanec 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 exceed
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 Re-
gulating of Fortune Tellers, Clairvoyants, and
the like, Establishing a License fee and Providing
a penalty for the violation hereof.
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 therefor
and paying the license fee hereinafter prescribed.
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
oy 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 there-
of shall be fined not more than $100 or imprisoned
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 obtaining
a license therefore and paying the license fee in
the amount of $100.00 per year."
Adopted 9/6/55
Published 9/1.3/55
41
111
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:
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 Hundred
Dollars ($300);
(d) For a Class "B" golf or country club permit
Fifty Dollars ($50) for each six months' period;
(e) For a Class "B" hotel permit when the hotel
has two hundred fifty guest rooms or more, Two
Hundred Fifty Dollars ($250);
42
(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
(S150);
(g) For a Class "B" hotel permit when the hotel
has one hundred guest rooms or less, One Hundred
Dollars ($100)."
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:
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 Classification."
Adopted 4/25/55
Published 4/29/55
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CHAPTER XII
Nuisances
ORDINANCE NO. 25-39 REPEALED by Ordinance
No. 59-51
Ordinance No. 59-51
An Ordinance Providing for the Cutting or Destroying
of All Weeds, Vines, Brush or Other Growth which
Constitute a Health, Safety or Fire Hazard; Re-
pealing Ordinance No. 25-39; and Providing a
Penalty for a Violation Hereof.
Be it Ordained by the City Council of the City of
Dubuque:
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
Ordinance prohibiting weeds and noxious growths
upon lots and parcels of land in the City of Dubuque,
providing for the destruction of the same and punish-
ing 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 12/3/51
Published 12/10/51
43
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 Establishment
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
authorized and instructed to designate portions of not
more than twenty (20) streets within the City of Du-
buque 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 vehicular traffic
and when so designated the same shall be marked
with suitable signs, warnings and barricades.
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
vehicles 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 imprisonment
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:
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 especially
authorized for use in such places by the Fire Chief,
in any of the following places:
(a) Retail stores. Retail stores designed and
arranged to accomodate more than 100, persons,
44
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 finding that such use therein
is not dangerous to life or property.
(b) Elevators. Elevators, regardless of capacity,
in any public place.
(c) Public lodging houses. In beds in hotels,
dormatories and rooming and lodging houses. A
printed notice advising the occupant of the 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, auditoriums,
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 especially
authorized for use in such place would constitute 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 reading
"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 remove
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
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Ordinance No. 33-56
An Ordinance Amending Ordinance No. 10-40 by
Repealing Section 1 thereof and enacting a Sub-
stitute therefor.
Be it Ordained by the City Council of the City of
Dubuque:
Section 1. That Section 1 of Ordinance No. 10-40
be and the same is hereby repealed and the follow-
ing enacted in lieu thereof:
"Section 1. Every person who owns and/or oper-
ates a bicycle within the limits of the City of Du-
buque, Iowa shall, during the month of April of
each year, commencing with April, 1957, cause the
ownership thereof to be registered at the office of the
Chief of Police of said City. Upon such registration
the Chief of Police shall issue to such person a re-
gistration tag, plate or other means of identification.
Said registration plate shall at all times be securely
fastened to the bicycle for which it is issued so that
the said plate shall be readable at a distance of at
least seventy-five (75) feet from the rear thereof.
There shall be paid to the Chief of Police for said tag
or plate when issued, twenty-five cents (25c)."
Section 2. This Ordinance shall be in full force
and effect from and after its final passage, adoption
and publication as by law provided.
Introduced the 2nd day of July, 1956.
Rule requiring reading on three separate days
suspended by unanimous vote the 2nd day of July,
1956.
Passed, adopted and approved this 2nd day of
July, 1956.
CLARENCE P. WELU, Mayor
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZINGER
CHARLES E. DOVE, Councilmen
Attest: Leo F. Frommelt, City Clerk
Published officially in the Telegraph Herald
newspaper this 6th day of July, 1956.
LEO F. FROMMELT, City Clerk
45
111
ORDINANCE NO. 12-38 REPEALED by
No. 22-52
ORDINANCE NO. 8-41 REPEALED by
No. 56-51
ORDINANCE NO. 44-46 AMENDED by
No. 66-51
ORDINANCE NO. 10-49 REPEALED by
No. 50-51
ORDINANCE NO. 42-50 REPEALED by
No. 49-51
ORDINANCE NO. 49-51 REPEALED by
No. 57-53
ORDINANCE NO. 22-52 REPEALED by
No. 68-53
ORDINANCE NO. 50-51 REPEALED by
No. 32-54
ORDINANCE NO. 32-54 REPEALED by
No. 51-54
ORDINANCE NO. 51-54 REPEALED by
No. 35-55
ORDINANCE NO. 44-46 REPEALED by
No. 56-55.
CHAPTER XV
Public Service Companies
Ordinance
Ordinance
Ordinance
Ordinance
Ordinance
Ordinance
Ordinance
Ordinance
Ordinance
Ordinance
Ordinance
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:
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 unfore-
seeable circumstance beyond his control 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 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 8/27/51
Published 8/30/51
46
Ordinance No. 56-51
An Ordinance fixing and establishing rates to be
charged for the furnishing of electricity for resi-
dential, 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
violation thereof; repealing all ordinances and
resolutions 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,
fiiiu or corporation supplying electrical energy with-
in 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 capaci-
ties not in excess of five horsepower (5 H.P.), provided,
however, that off-peak controlled 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.
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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 residing 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 break-
down or standby service.
No motor with rated capacity in excess of two
horsepower (2 H.P.), no single piece of cooking equip-
ment 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 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 con-
form 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 commercial
establishments for water heating with automatic
storage type water heaters of standard make and
design. The design and operating characteristics
of all water heaters served under this schedule, as
well as all necessary electrical connections for the
protection of the circuit furnishing service to the water
heater, must be acceptable to the person, firm or
corporation supplying electrical 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 advis-
able, 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
eiement 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 interconnected
that only one unit can be in operation at a time,
then both units may be connected to the time -controll-
ed 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,
.aa hereinbefore specified, shall be billed with and
at the same rate as other residential or commercial
bervice.
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 purposes when
the connected load exceeds two horsepower (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 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 De-
mand is fiot less than twenty kilowatts (20 KW). This
rate is not available for the purchase of energy for
resale, nor for breakdown or standby service.
47
TERM OF CONTRACT:
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 available 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 maintains all
transformers and/or other apparatus necessary for
48
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 secondary
voltage at the option of the person, firm or corporation
supplying electrical energy. If it is elected to meter
at the primary voltage, the billing less any previous
adjustment will be reduced by two and one-half
(21/2 %) per cent to compensate for transformer losses.
PROMPT PAYMENT DISCOUNT:
A discount of two and one-half per cent (21/2%)
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 de-
mand 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 apparatus 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 interval 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-
�r
n
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.
MINIMUM MONTHLY CHARGE:
The minimum monthly charge shall be the de-
mand charge for fifty (50) kilowatts plus the en-
ergy charges 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 Dubu-
que, 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 ($0.01) or more per million B.T.U., then the
net bill as computed shall be increased or decreased,
as the case may be, by an amount equal to the
number of kilowatthours used at twenty-two hun-
dredths mills ($.00022) per kiiowatthour 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 ser-
vice 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 emergency shall be held to
exist (1) whenever the water in the Eagle Point
Reservoir is in danger of overflowing, (2) whenever,
to maintain proper pressures for fire protection, it
is necessary to pump water from the lower level
storage to the high service elevated tanks and stand-
pipes.
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.
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
($0.01) or more per million B.T.U., then there shall be
added to or deducted from the rate hereinbefore
provided per kilowatt hour, twenty-two hundredths
mills ($.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 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 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 supplied
with electrical energy by the person, firm or corpor-
ation supplying electrical energy within the City of
Dubuque, including the replacement of all glassware
and renewal of lamps, shall be:
Size of Per Year
Lamp- Hours of Rate per
Lumens Burning Year
1000 4000 $20.40
2500 4000 26.40
4000 '� 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
49
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:
Size of
Lamp -
Standard Lumens
1 -Lamp @ 600
1 -Lamp @ 1000
1- Lamp @ 2500
1- Lamp @ 6000
2 - Lamp @ 4000
2 - Lamp @ 4000
2 - Lamp @ 6000
1- Lamp @ 2500
1 - Lamp @ 6000
2 - Lamp @ 6000
Per Year
Hours
of
Burning
4000
4000
4000
4000
4000
4000
4000
2000
2000
2000
Rate
per
Year
$10.20
11.40
16.80
29.40
45.60
45.60
53.40
12.60
20.40
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:
Rate per
No. and Size of Lamps Year
4 - Light - 40 watts $ 40.80
3 - Light - 40 watts and arrow 36.00
4 - Light - 40 watts and no turn 82.80
8 - Light - 40 watts 64.20
9 - Light - 40 watts 72.00
12 - Light - 6 arrows 156.00
Traffic flashing signals 24.00
School flashing signals 12.00
POLICE CALL SIGNALS:
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, including all
energy required for the operation thereof, and all
expenses or charges incident to the operation of said
system, including the cost of the replacement 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 mainten-
ance of cables and lighting standards which shall be
maintained at the cost of the owners thereof, shall be:
Size
of
Standard Lamp
1 - Lamp @ 4000 Lumens
1 - Lamp @ 2500 Lumens
1- Lamp @ 200 Watts
PAYMENT:
Bills shall be rendered monthly by the person,
firm or corporation supplying such electrical en-
50
Per Year
Hours Rate
of per
Burning Year
4000 $22.80
4000 16.80
4000 19.08
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 condi-
tions 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. because
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 chang-
ing, 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 riot 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 electrical
energy for its cost in connecting service. Service may
be disconnected by any method determined as
feasible, but, if it is desirable to leave the meter
installed, then service may be disconnected by seal-
ing 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 supply-
ing electrical energy to make any special investment
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 commercial 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 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 service 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 (2%) of accuracy, 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 below 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 there-
of 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.
PUBLICATION:
Section 6. This ordinance shall be in effect from
and after its final passage, adoption, and approval
by the Council of the City of Dubuque and publi-
cation 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 Transporation 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:
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 corporation
who shall violate any of the terms of this Ordinance
shall be guilty of a misdemeanor and upon con-
viction thereof shall be fined not to exceed one
51
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 transporation 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 Fifteenth 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 Ave-
nue, 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 to University Avenue, west
on University Avenue to Delhi Street, west on Delhi
Street and University 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
52
Main Street to Madison Street, north on Madison
Street to Seminary Street, west on Seminary 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 Momingview Road,
west on Momingview Road to Hillcrest Road, south
on Hillcrest Road to Asbury Street, south on Asbury
Street to University Avenue, 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 Rail-
road 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 Ave-
nue to Edith Street, west on Edith Street to Burden
Avenue, south on Burden Avenue to Windsor Ave-
nue, south on Windsor Avenue to Twenty-second
Street, west on Twenty-second Street to Central Ave-
nue, 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 Ave-
nue, South on Sheridan Avenue to Edith Street, west
on Edith Street to Burden Avenue, south on Burden
Avenue to Windsor Avenue, south on Windsor
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 beginning.
(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
1
Street to Coates Street, east on Coates Street to Con-
cord 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
Boulevard 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 Street, east on Bennett Street to Grandview
Avenue, south on Grandview Avenue to Southern
Avenue, 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 beginning.
(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 McLenan 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 Cleve-
land 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 Twenty-
second Street. North on Central Avenue to Diagonal
Street, west on Diagonal Street to Broadway, west
and north on Broadway to Putnam Street, west on
Putnam Street to Muscatine Street, north on Mus-
catine Street to Primrose Street, west on Primrose
Street to Kane Street, south on Kane Street to Kauf-
mann 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.
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:
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 Corpor-
ation, a corporation organized under the laws of the
State of Iowa, its successors and assigns, herein-
after referred to as the "Company" the right to erect,
maintain, and operate television transmission and
53
distribution facilities and additions 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 addi-
tions thereto, for the purpose of transmission and
distribution of television impulses and television
energy in accordance with the laws and regulations
of the United States of America and the State of
Iowa, and the Ordinances and regulations of the
City of Dubuque, for a period of ten (10) years,
following the fulfilment of Section 23 hereof.
Section 2. Wherever used in this Ordinance the
word "television" shall mean a system for a 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 Company
shall be free to change its hardware and installation
procedure as the art progresses, provided 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
54
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 placement of
adequate barriers, fences, or hoardings, the bounds
of which during periods of dusk and darkness shall
be clearly designated by red warning 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 restored
in as good condition as before entry within forty-
eight (48) hours after completion of the Company's
work. Upon the failure of the Company to make such
restoration within such time, or to begin such restor-
ation 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 resumes the restoration, the City may
cause the proper restoration to be made, including
the removal 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 replacement
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 Company
shall not be required to extend its line in order to
serve any applicant if it requires the installation 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
1,1
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 represen-
tatives in conducting such tests. The Company further
agrees to pay such reasonable fees for such tests
and for installation inspections 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 channel.
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.
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 tele-
vision service to the City of Dubuque and the in-
habitants thereof, as contemplated and provided
for by this Ordinance, and particularly Section 7
hereof, within a period of one year from the effective
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 franchise
granted thereunder forfeited; provided, however,
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 anticipated at the
time of the acceptance of its terms by the Company,
shall not be sufficient grounds to declare 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, oper-
ation or maintenance of any structure, equipment,
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 protect 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 Hun-
dred 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 writ-
ing from the City, shall defend at its own expense,
any action or proceedings against the City of Dubu-
que in which it is claimed that the injury arose from
the Company's activities in the operation 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 purpose
acceptable to the Company insofar as may be done
without interfering with the free use and enjoyment
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 damage caused by
accruing directly or indirectly by, or through the
placing of the City's wires or appurtenances upon
the poles of the Company. Proper regard shall be
given to all existing safety rules governing constru-
ction and maintenance in effect at the time of constru-
ction.
Section 19. Upon termination or forfeiture of this
Franchise, in accordance with any of its terms, the
Company shall, within a reasonable time, remove its
cables, wires and appliances from the City streets,
lanes, avenues, sidewalks, alleys, bridges, highways
and other public places within the City and subse-
quent 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 perfor-
mance 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 expense
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 (except such
sums as are covered by the insurance provided in
Section 17 hereof) and also the repayment to the
customers of tfie Company of the unearned value of
55
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, Pennsylvania, its stock-
holders, 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
pets 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 Franchise 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 ap-
proved 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 Council, the acceptance of its terms by the
Company, or its assigns, in writing, and its public-
ation in the Telegraph Herald, the official newspaper
of the City of Dubuque.
Adopted 10/4/54
Published 11/22/54
Ordinance No. 33-57
An Ordinance Providing for the Regulation of Taxi-
cabs, Requiring a License therefor, Prescribing
the License Fee, and Providing a Penalty for the
Violation thereof, and Repealing Ordinance No.
56-55.
Be it Ordained by the City Council of the City of
Dubuque:
Section 1. The following words and phrases,
when used in this Ordinance, shall have the mean-
ings set out herein:
(a) Taxicab means a motor vehicle regularly en-
gaged in the business of carrying passengers for
hire, having a seating capacity of less than ten (10)
persons and not operated on a fixed route;
(b) Chauffeur means any person who operates
an automobile in the transportation of persons, and
who receives any compensation for such service in
wages, commissions or otherwise paid, directly or
indirectly.
Section 2. No person shall operate or permit a
taxicab owned or controlled by him to be operated as
a vehicle for hire upon the streets in the City of
Dubuque, without first having obtained a taxicab
operator's permit from the City of Dubuque;
56
Section 3. An application for a taxicab oper-
ator's permit shall be filled with the City Manager,
upon form provided by him; and said application
shall furnish the following information:
(a) The name and address of the applicant;
(b) The experience of the applicant in the trans-
portation of passengers;
(c) Any facts which the applicant believes tend to
prove that public convenience and necessity require
the granting of the permit;
(d) The number of vehicles to be operated or
controlled by the applicant and the location of the
proposed depot or terminal;
(e) The color scheme or insignia to be used to
designate the vehicle or vehicles of applicant;
(f) Such further information as the City Manager
may reasonably require.
Section 4. Upon the filing of an application the
Council shall fix a time and place for public hearing
thereon. Notice of such hearing shall be given to the
applicant and to all persons who hold taxicab oper-
ator's permits, in good standing. Notice of such hear-
ing shall also be posted on a bulletin board in the
City Hall. Any interested person may file with the
Clerk a memorandum in support or opposition to the
issuance of the certificate at any time prior to the
time set for said hearing.
Section 5. If the Council finds that further taxi-
cab service in the City of Dubuque is required by the
public convenience and necessity and that the
applicant is fit, willing and able to perform such
public transportation and to conform to the provisions
of this Ordinance and the Laws of the State of Iowa,
then the City Council shall issue a permit stating the
name and address of the applicant, the maximum
number of vehicles authorized under the permit and
the date of issuance; otherwise the application shall
be denied.
In making the above findings the Council shall
take into consideration the number of taxicabs al-
ready in operation, whether existing transportation
is adequate to meet the public need, the probable
effect of increased service on local traffic conditions
and the character, experience and responsibility of
the applicant.
The permit shall remain valid until revoked by
the Council, or surrendered by the applicant, so long
as the annual license fees hereinafter provided are
paid.
Section 6. When any holder of a taxicab oper-
ator's permit shall desire to increase the number of
vehicles authorized under the permit, he may make
application therefor to the City Manager, together
with the payment of the annual license fee herein-
after provided, and if the City Manager shall find
that such an increase in the number of cabs is in
conformity with the requirements of Section 5 here-
of he may authorize the increase, subject to con-
firmation by the City Council;
Section 7. No taxicab operator's permit shall be
issued or continued in operation unless the holder
thereof has paid an annual permit fee of Ten Dollars
($10) for the right to engage in the taxicab business
and a license fee of Twenty-five Dollars ($25) each
year for each vehicle authorized under the permit.
Said license fees shall be for one year starting April
1 and shall be in addition to any other license fees or
charges established by proper authority and appli-
cable to said holder and the vehicle or vehicles
under his operation and control;
Section 8. No taxicab operator's permit may
be sold, assigned, mortgaged or otherwise transferred
without the consent of the City Council;
Section 9. The taxicab license tag or plate shall
be fastened upon the vehicle and shall not be re-
moved until the expiration of the license period;
Section 10. As a condition to granting the taxi-
cab operator's permit the person seeking such permit
shall file, in the office of the City Clerk, a motor
vehicle operator's liability insurance policy, executed
by a company authorized to do insurance business in
the State of Iowa, in a form approved by the City
Manager. The Minimum limits of such policy shall
be as follows:
To cover the assured's liability for personal injury
or death of one person, as the result of one accident,
or other cause, Ten Thousand Dollars ($10,000);
To cover the assured's liability for personal injury
or death of more than one person, as the result of
one accident or other cause, Twenty Thousand
Dollars ($20,000.);
To cover the assured's liability for damage to or
destruction of property other than that of the assured,
as the result of any one accident or cause, Five
Thousand Dollars ($5,000).
Each policy shall contain the following endorse-
ment:
"It is understood and agreed that before the in-
surance policy to which this endorsement is attached
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 fur-
ther understood and agreed that the obligation of
this policy shall not be affected by any act or omis-
sion of the named assured, or any employee of the
named insured, with respect to any condition or
requirement attached thereto, nor by any default of
the assured in payment of the premium, or in the
giving of any notice required by said policy, or
otherwise, nor by the death, insolvency, bankruptcy,
legal incapacity or inability of the assured."
The failure of any permit holder to maintain such
policy in full force and effect throughout the life of the
permit shall be grounds for revocation of the permit
by the City Manager and upon such revocation said
permit holder shall cease business as a taxicab
operator until the permit has been reissued by the
City Council;
Section 11. Any chauffeur, as herein defined,
shall wear upon his clothing a current chauffeur's
license button or tag, issued to him by the City
Manager, for which he shall pay the sum of One
Dollar and Fifty Cents ($1.50) per year. Operating
an unlicensed taxicab, or permitting a licensed taxi-
cab to be operated by an unlicensed chauffeur, or
driving a licensed or unlicensed taxicab without
being a licensed chauffeur, shall constitute a violation
of this Ordinance.
Section 12. Taxicab fare zones are hereby
established as shown on the map entitled "Taxicab
Zone Map." heretofore approved by the City Council
and now on file with the City Clerk;
Section 13. The following are hereby fixed and
established as the rates and prices for the trans-
portation of passengers by taxicab within the City
limits of the City of Dubuque:
For one passenger
For two or more passengers
(not exceeding five) with the
same points of origin and
destination $ .85 $1.00 $1.00
For two or more passengers
(not exceeding five) with the
same point of origin, but dif-
ferent destinations:
For the first passenger alighting $ .65 $ .80 $ .80
For each of the other passen-
gers $ .40 $ .40 $ .40
For two or more passengers
(not exceeding five) with
different points of origin and
destinations: each $ .65 $ .80 $ .80
The above figures shall include the passengers
ordinary luggage.
No charge shall be made for waiting time under
ten minutes. Waiting time in excess of ten minutes
may be charged at the rate of $3.00 per hour.
Section 14. Every motor vehicle operating as a
taxicab shall have exposed in a conspicous place, in
clear view within the passenger's compartment, a
printed table large enough to be read by the passen-
gers in the taxicab, showing the rates herein esta-
blished; and it shall be unlawful to operate, or permit
to be operated, any taxicab unless said rates are
posted as herein provided;
Section 15. No chauffeur shall permit any other
person to occupy or ride in a taxicab, unless the
person, or persons, first employing the taxicab shall
consent thereto;
Section 16. The driver of any taxicab shall, upon
request, furnish any passenger a receipt for the
amount charged, either by a mechanically printed
receipt or by 'a specially prepared receipt, on which
shall be shown the name of the taxicab operator, the
chaffeur's name and license number, the taxicab
license number, the date and the items for which
charges are made;
Section 17. It shall be unlawful for any person
to refuse to pay the legal fare for a taxicab after
having hired the same;
Section 18. The City Manager, with the approval
of the City Council, may set apart places upon the
streets in the City of Dubuque where taxicabs may
stand and where passengers may be solicited, but
nothing herein shall permit such soliciting to be
Inner Outer Between
Zone Zone Zone
$ .65 $ .80 $ .80
57
made away from the cab so as to subject pedestrians
to annoyance or interference;
Section 19. Any person, firm or corporation 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 One
Hundred Dollars ($100) and in default of such fine
and costs, shall be imprisoned for a period of not
to exceed thirty (30) days;
Section 20. That the present taxicab operators
upon making application in accordance with Section
3 hereof and paying the necessary fees within 30
days from the date of adoption of this ordinance shall
be authorizedto operate taxicabs in the City of
Dubuque as follows:
Name No. of Cabs
Diamond Cab Company 3
Black & White Cab Company 13
Veterans Cab Company 8
Section 21. Ordinance No. 56-55 is hereby re-
pealed.
Section 22. This Ordinance shall be in full lorce
and effect from and after its final passage, adoption
and publication as by law provided.
Introduced the 1st day of April, 1957.
Rule requiring reading on three separate days
suspended by unanimous vote the 1st day of April,
1957.
Passed by recorded roll -call vote, adopted and
approved this 1st day of April, 1957.
CHARLES E. DOVE, Mayor
CLARENCE P. WELU
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZINGER, Councilmen
Attest: Leo F. Frommelt, City Clerk
Published officially in the Telegraph -Herald
newspaper this 5th day of April, 1957.
LEO F. FROMMELT, City Clerk
It. 4/5
Ordinance No. 50-57
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. 35.55, and all Ordinances and Resolu-
tions 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 considered used for
general house heating when gas is the principle
source of heat energy for the premises occupied by
the consumer.
58
(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
October 1, 1957, the rates to be charged for gas for
residential, commercial, and firm industrial purposes
by any person, firm or corporation supplying gas
within the City of Dubuque, except as herein other-
wise provided, 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—
Net $3.00.
Next 4000 cu. ft
Net $2.00.
Next 45000 cu. f
Net $.85.
Next 50000 cu.
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 per month per MCF—
t. per meter per month per MCF—
ft. per meter per month per MCF—
SCHEDULE 2
RESIDENTIAL AND COMMERCIAL
HOUSE HEATING AND INDUSTRIAL SERVICE
Availability:
This rate is available to all residential and com-
mercial users of gas for general house heating re-
gardless 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 1000 cu. ft. per meter per month per MCF—
Net $2.00.
Next 4000 cu. ft. per meter per month per MCF—
Net $1.65.
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: $1.96 per meter.
Interruptible Gas:
Interruptible gas when available shall be furnish-
ed to commercial and industrial users in accordance
with standard contract and rates on file with the
City Clerk.
Regulations:
Customers desiring general house heating service
shall first ascertain from the person, firm or corpor-
ation supplying gas, if such service is available at
the desired location and then shall install only ap-
proved gas burning aparatus in compliance with the
supplier's safety requirements, and applicable city
ordinances.
Section 3. Cost of Gas Adjustment:
The rate schedules quoted herein are predicated
upon natural 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 per cent load factor, 30.98c 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
based upon a 100 per cent load factor, the charge
per M.C.F. for gas supplied in each subsequent bill-
ing period beginning not earlier than the effective
date of such increase or decrease, shall be increased
or decreased accordingly, by the amount of which
such unit of cost exceeds or is less than 30.98c per
M.C.F. multiplied by 1.1, as the case may be; pro-
vided, 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, gath-
ering, 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, transporation, 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 suppyling gas
shall install any meter or meters upon a customer's
premise for the purpose of measuring gas to be
supplied to said customer unless and until such meter
has been properly calibrated and adjusted within a
period of six (6) months preceding date of installation
upon a customer's premise, so that the error in
registration of rated meter capacity is within two
percent (2 per cent) of accuracy.
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 inspection by officials
of the City of Dubuque. Such record as filed shall in-
dicate the name of the manufacturer 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
percentage of error above or below accuracy, as
disclosed by said test. Meters shall be adjusted to
register within plus or minus two percent (2 per cent)
of accuracy at full load.
Section 6. B.T.U. Content of Gas.
The average gross heating value of the gas
supplied shall approximate 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 hour-
ly 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 1,025 B.T.U. per cu. ft. then
the volume of gas measured hereunder during such
period shall be decreased or increased proportionate-
ly.
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 l0c and to all bills in excess
of $2.00, a charge equal to the number of cubic feet
of gas consumed at 10c 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 corporation who shall charge
or exact other or different rates and charges for
any type of service, the rates for which services 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.
Section 10. Repealing Prior Ordinances.
Ordinance No. 35.55 adopted June 10, 1955, and
all other Ordinances or parts of Ordinances in con-
flict herewithin are hereby repealed.
59
Section 11.
This Ordinance shall be in full force upon its
passage, adoption and publication as provided by
law.
Passed, adopted and approved this 12th day of
August, 1957 A.D.
CHARLES E. DOVE, Mayor
CLARENCE P. WELU
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZINGER, Councilmen
Attest: Leo. F. Frommelt, City Clerk
Published officially in the Telegraph -Herald
newspaper this 16th day of August, 1957.
LEO F. FROMMELT, City Clerk
It 8-16
60
CHAPTER XVI
Traffic Regulations
Ordinance No. 33-49 (Traffic Code)
Amended:
"1.17. Chauffeur means any person who oper-
ates a motor vehicle in the transporation of persons,
including school busses, for wages, compensation 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 classification exceed-
ing 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."
Sec. 5.2—Whenever traffic is controlled by traffic
control signal lights the following signals only shall
be used and said lights shall indicate as follows:
1-Green alone. Vehicular traffic facing the signal
may proceed straight through or turn right or left
unless a sign at such place prohibits either such
turn. But vehicular traffic shall yield the right of way
to other vehicles and pedestrians lawfully within
the intersection at the time such signal is exhibited.
Except at intersections where pedestrians are con-
trolled by separate "Walk" lights, pedestrians facing
the signal may proceed across the roadway within
any marked or unmarked crosswalk.
2—Yellow alone when shown following the green
or "Go" signal. Vehicular traffic facing the signal
shall stop before entering the nearest crosswalk at the
intersection and remain standing until green or "Go"
is shown alone, but, if such a stop cannot be made
in safety, a vehicle may be driven cautiously through
the intersection. Except at intersections where
pedestrians are controlled by separate "Walk" lights,
no pedestrian shall enter the roadway unless he can
do so safely and without interfering with vehicular
traffic.
3—Red alone. Vehicular traffic facing the signal
shall stop before entering the nearest crosswalk at
an intersection or at such other point as may be
indicated by a clearly visible line and shall remain
standing until green or "Go" is shown alone. Except
at intersections where pedestrians are controlled by
separate "Walk" lights, no pedestrian facing such
signal shall enter the roadway unless he can do so
safely and without interfering with any vehicular
traffic.
4—Red with green arrow. Vehicular traffic facing
such signal may cautiously enter the intersection only
to make the movement indicated by such arrow but
shall not interfere with other vehicular traffic or
pedestrians lawfully within the intersection. Except
at intersections where pedestrians are controlled by
separate "Walk" lights, no pedestrian facing such
signal shall enter, the roadway unless he can do so
safely and without interfering with any vehicular
traffic.
5—Flashing red (Stop signal). When a red lens
is illuminated by rapid intermittent flashes, drivers of
vehicles shall stop before entering the nearest cross-
walk at an intersection or at a limit line when marked
and the right to proceed shall be subject to the
rules applicable after making a stop at a stop sign.
6—Flashing yellow (Caution signal). When a
yellow lens is illuminated with rapid intermittent
flashes, drivers of vehicles may proceed through
the intersection or past such signal only with caution.
7—"Walk". At intersections where signs display-
ing the word "Walk" are in operation, pedestrians
shall conform to the directions of such signals. When
the word "Walk" is lighted, pedestrians facing such
signal may proceed straight across the roadway
within any marked or unmarked crosswalk. When
the word "Walk" is not lighted, pedestrians facing
such signal shall not enter the roadway. When the
word "Walk" is simultaneously lighted on all four
corners of any intersection, pedestrians may cross the
roadway in any direction."
"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 person shall
drive any vehicle at a speed greater than will permit
him to bring it to a stop within the assured 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 district
except as provided in subsections 5 and 6.
2. Twenty-five miles per hour in any residence
or school district except as provided in subsections
5and6.
3. Forty miles per hour for any motor vehicle
drawing another vehicle in any district or on any
street where the lawful speed is in excess of forty
miles per hour.
4. Forty-five miles per hour in any suburban
district.
5. Thirty-five miles per hour on Locust Street
between Southern Avenue and Dodge Street.
6. Fifty-five miles per hour for southbound
vehicles on Kerrigan Road from Southern Avenue to
the City Limits and for northbound vehicles on Kerri-
gan Road from the city limits to Mt. Carmel Road."
61
"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."
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 not again 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."
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 pass-
ing 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."
"10.3. No vehicle shall, in overtaking and pass-
ing another vehicle or at any other time, be driven
to the left side of the street under the following
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 ap-
proximately 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 intersection 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."
10.6. Upon those streets and parts of those streets
and in those alleys designated and described 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."
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.
62
2. At any intersection where traffic is permitted
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 road-
way 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 inter-
section in the extreme left-hand lane lawfully avail-
able to traffic moving in the direction of travel of
such vehicle, and after entering the intersection 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 intersections and
thereby require and direct that a different 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."
"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') nor upon any of the
streets or portions of streets described in Schedule
IX of this Ordinance."
"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."
"12.8. The City Manager is hereby authorized
and directed to cause to be erected "stop" signs with-
in the intersection of University, Hill Street, Eighth
Avenue and West Ninth Street, at such locations as
he may determine necessary in the interest of safety
and after such signs have been erected drivers of
vehicles shall obey such signs in the manner required
by Section 12.4."
"13.5. The City Manager is authorized and direct-
ed to erect school -type traffic control signals at the
entrance to each school zone, as hereinbefore de-
fined, in the City of Dubuque, and at such other
crossings or other intersections as the Council may
designate."
14.1. Repealed.
15.14.1. It shall be unlawful for any person to
distribute, deposit, place, throw, scatter or cast any
commercial or non-commercial handbill in or upon
any automobile or other vehicle. The provisions of
this section shall not be deemed to prohibit the
handing, transmitting or distributing of any non-
commercial handbill to the owner or other occupant
of any automobile or other vehicle who is willing to
accept the same."
"15-28. Motor carriers shall travel over marked
highways 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 ana then proceed directly
to such destination and any motor carrier whose trip
originates within the City may travel by the most
direct route to that point on a marked highway
nearest to such point of origin; provided, however,
that motor carriers may also traverse the following
alternate routes:
Alternate No. 1. Commencing at the intersection
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 intersection
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."
"15.29 The City Manager is hereby authorized
and directed to cause the traffic lanes within the
traffic islands at the intersection of University, Hill
Street, Eighth Avenue and West Ninth Street, to
be marked to indicate the permitted direction of
travel on such lanes and therecdter drivers of vehicles
shall operate their vehicles only in the direction so
indicated."
16.1.11 Opposite the entrance to a garage, or
driveway, on any roadway less than twenty feet in
width."
16.1.14. Within ten (10) feet of the crosswalk at
all intersections within the City of Dubuque."
"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
wheels of such vehicles parallel with and within
eighteen inches (18") 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") on the left hand curb."
"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."
"16.6. Between the hours of 9 A.M. and 6 P.M.
of any day, Sundays and Holidays excepted, no
vehicle shall be parked within a parking meter zone,
as defined in Ordinance No. 7-47, in any space
adjacent to which a parking meter has been installed,
while such meter is showing a signal indicating
that such space is illegally used, for a longer period
than is necessary to actuate the meter. Each vehicle
parked in any parking meter zone shall park within
the lines or markings designating the same."
16.7. Repealed.
16.8. Repealed.
"16.9.1 Where spaces have been set apart by
signs or markings as taxicab stands, it shall be un-
lawful for the operator of any vehicle other than
a licensed taxicab to stand or park in any such offi-
cially designated taxicab stand, except that the
operator of any passenger vehicle may temporarily
stop in such spaces for the purpose of, and while
actually engaged in, the loading or unloading of
passengers."
"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."
"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
"restricted 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 unlaw-
ful to park any vehicle in any such space for a
longer period than ten (10) minutes qt 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."
"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."
"16.30. Except vehicles stopped or parked while
taking on or discharging persons, goods or mer-
chandise, or commercial vehicles licensed as such,
no person shall stop or park a vehicle in the alleys
or portions of alleys enumerated in Schedule VII
hereof, unless necessary to avoid conflict with other
traffic or in compliance with the directions of a police
officer, or traffic control device."
"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
63
on the streets or portions of streets described in said
Schedule VIII."
"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."
"16.33. No person shall drive, stop, stand or park
a vehicle onto or uppn 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."
"16.34. After signs have been erected giving
notice thereof, it shall be unlawful to park any
vehicle between the hours of 7 A.M. and 5 P.M. on
the west side of White Street between East Fourth
Street and East Sixth Street, or on the north side of
East Twelfth Street, from Elm Street to Pine Street."
"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 emergency
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."
"20.5. The maximum length of any motor ve-
hicle or combination of vehicles shall be as follows:
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 cannot
be dismembered readily when required for emer-
gency 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 service 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
64
lamps on both sides and marker lamps upon the
extreme ends of any projecting load to mark clearly
the dimensions of such load, at which time, a mem-
ber of the state highway patrol shall be notified prior
to the operation of such vehicle."
SCHEDULE I
1. Traffic shall move northerly only:
a. In the alley between Iowa Street and Central
Avenue from West Fourth Street to West Ninth Street
and from West Tenth Street to West Thirteenth
Street.
b. In the alley between Locust Street and Main
Street from Jones Street to West Twelfth Street;
c. On Iowa Street from West Fourth Street to
Loras Boulevard;
d. On Locust Street from Dodge Street to West
16th Street;
e. On the portion of Elm Street lying east of the
railroad tracks in said street between East 24th Street
and East 26th Street;
f. On White Street from East Fourth Street to
East 21st Street.
2. 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 21 st Street to Fourth
Street.
3. Traffic shall move westerly only:
a. On East 21st Street from White Street to
Central Avenue;
b. On East Ninth Street from White Street to
Central Avenue;
c. On West Ninth Street from Central Avenue to
its westerly terminus.
4. Traffic shall move easterly only:
a. On Eighth Avenue from Hill Street to White
Street.
SCHEDULE II
L. Hill Street from the south line of Eighth Ave-
nue to the north property line of Dodge Street.
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.
V. White Street from the north line of East Fourth
Street to the south line of East 20th Street.
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.
X. East Sixteenth Street from Elm Street to its
easterly terminus.
w
ita
Y. East Twenty-second Street from Central Ave-
nue to the west line of Windsor Avenue.
Z. Asbury Street from University Avenue to the
City Limits.
SCHEULE III
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 intersections from
directions indicated:
A. East -bound and west -bound vehicles must
stop before entering the intersection of:
Washington Street and East Sixteenth Street;
Washington Street and East Twenty-ninth Street;
Elm Street and East Twenty-ninth Street;
White Street and East Seventeenth Street;
Valleyview and Avalon Roads.
B. North -bound and south -bound vehicles must
stop before entering the intersection of:
Rosedale and Avoca Streets;
East Twenty-first and Washington Streets;
East Twenty-first and Elm Streets;
Lincoln and Stafford Avenue;
East Twenty-ninth and White Streets;
Cherry and Finley Streets;
East Twenty-second and White Streets;
East Twenty-fourth and White Streets;
Lincoln Avenue and Kniest Street;
Chaney Road and Hillcrest Road.
C. West -bound vehicles must stop before enter-
ing the intersection of:
Bluff and West Third Streets;
White and East Twenty-first Streets;
Madison Street and Clarke Drive;
Clarke Drive and Asbury Street.
D. North -bound vehicles must stop before enter-
ing the intersection of:
Second and Iowa Streets;
Fremont Avenue and Wartburg Place.
E. East -bound vehicles must stop before enter-
ing the intersection of:
Saint Ambrose Street and Clarke Drive;
Fremont Avenue and Wartburg Place;
Asbury Street and Hillcrest Road.
F. South -bound vehicles must stop before enter-
ing the intersection of:
East 21st and White Streets;
Fremont Avenue and Simpson Street.
SCHEDULE IV
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 corner 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.
dd. On both sides of East 16th Street from Pine
Street to Sycamore Street.
ee. The North side of Dodge Street from Bluff
Street to a point 800 feet westerly of Bluff Street.
ff. On the west side of Locust Street from Loras
Boulevard to Fifteenth Street.
gg. On the north side of University Avenue
from Loras Boulevard to Algona 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 (Repealed)
SCHEDULE VI
a. The south side of West Fifth Street from the
west line of Bluff Street to the east line of Needham
Place, extended and on the north side of West Fifth
Street from a point 192 feet west of the west line of
Bluff Street to a point 100 feet east of the east line
of Prospect Street.
ff. East side of Wartburg Place from Fremont
Avenue to 385 Wartburg Place;
gg. 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 Campus
Lane to Grace Street;
jj. 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;
11. The south side of Pickett Street from Cornell
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 Grand-
view Avenue to Algona Street;
qq. 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 Rail-
road 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
65
a point 206 feet west of the west line of University
Avenue."
uu. The west side of College Street from Allison
Street to West Fifth Street;
vv. The east side of St. Mary's Street from
Bennett Street to West Third Street;
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;
yy. The south side of Dodge Street from Main
Street to Locust Street.
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 Seminary
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 Semi-
nary 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 Loras Boulevard.
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 T'--" .q+reet.
67. Both sides of East 14th Street from White
Street to Central Avenue.
68. Both sides of Loras Boulevard from Central
Avenue to Bluff Street.
69. Both sides of East 21 st Street from Central
Avenue to White Street.
70. In the alley first east of Maple Street from
the north line of East Sixteenth Street to a point fifty
feet north of the north line of East Sixteenth Street.
71. Both sides of Campus Lane from Auburn
Street to Algona Street.
72. The south side of West 16th Street from
Montrose Street to Catherine Street.
73. The west side of Catherine Street from West
16th Street to West 17th Street.
74. On the south side of Avon Street.
75. On the east side of Henion Street from Loras
Boulevard to Helena Street.
66
76. On the south side of East Sixteenth Street
from Cedar Street to Sycamore Street.
77. On the east side of Locust Street from Rail-
road Avenue to Dodge Street.
78. On the west side of Locust Street from N.P.L.
of Dodge Street to a point 380 feet south of N.P.L. of
Dodge Street.
79. On the south side of Loras Boulevard from
Prairie Street to Walnut Street.
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 11th Street in the
alley between Bluff and Locust Streets.
(b) From Jones Street to Loras Boulevard in the
alley lying between Locust and Main Streets.
(c) From West Second Street to Loras Boulevard
in the alley lying between Main and Iowa Streets.
(d) From West Fourth Street to the City Hall pro-
perty 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.
(f) In the alley first east of Maple Street from a
point fifty feet north of the north line of East 16th
Street to its northerly terminus.
(g) On the west side of Pine Street between
Eighteenth and Nineteenth Streets.
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;
mei
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via
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 Washington
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 to Washington Street;
14. Loras Boulevard from Bluff Street to Central
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;
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 Washington
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;
14 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 Sreet;
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.
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 14,ondays on the north side of the follow-
ing 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 follow-
ing 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;
67
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 following 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.
Ordinance No. 2-56
An Ordinance establishing Parking Meter Districts
within the City of Dubuque and providing fees
and regulations for the use of parking meters and
parking meter zones therein, by amending Ordi-
nance No. 7-47 by adding a new Section 7A
thereto and by repealing Sections 7, 8 and 9 there-
of and enacting substitutes therefor; and, by
Amending Ordinance No. 33-49 by repealing
Schedule V and Sections 16.7 and 16.8 thereof
and by repealing Section 16.6 thereof and en-
acting a substitute therefor.
Be it Ordained by the City Council of the City of
Dubuque:
Section 1. That Section 7 of Ordinance No. 7-47
be and the same is hereby repealed and the follow-
ing enacted in lieu thereof:
Section 7. There are hereby established four
Parking Meter Districts in the City of Dubuque, to be
known as Parking Meter Districts A, B, C, and D,
as follows:
7.1—Parking Meter District A:
7.1.1—Both sides of Eighth Avenue from Iowa
Street to Locust Street;
7.1.2—Both sides of Main Street from Sixth Street
to Eleventh Street;
7.2—Parking Meter District B:
7.2.1—Both sides of Main Street from Fourth Street
to Sixth Street;
7.2.2—Both sides of Locust Street from Fifth Street
to Tenth Street;
7.2.3—Both sides of Sixth Street from Iowa Street
to Bluff Street;
7.2.4—Both sides of Seventh Street from Iowa
Street to Bluff Street;
7.2.5—Both sides of Eighth Avenue from Locust
Street to Bluff Street;
7.2.6—Both sides of Ninth Street from Iowa Street
to Bluff Street;
7.2.7—Both sides of Tenth Street from Iowa Street
to Locust Street.
7.3—Parking Meter District C:
7.3.1—Both sides of Central Avenue from Fourth
Street to Eighteenth Street;
68
7.3.2—Both sides of Iowa Street from Fourth Street
to Thirteenth Street;
7.3.3—Both sides of Main Street from First Street
to Fourth Street and from Eleventh Street to Thirteenth
Street;
7.3.4—Both sides of Locust Street from Fourth
Street and to Fifth Street and from Tenth Street to
Eleventh Street;
7.3.5—Both sides of Bluff Street from Fifth Street
to Eleventh Street;
7.3.6—Both sides of First Street from Main Street
to Locust Street;
7.3.7—Both sides of Fourth Street from White
Street to Central Avenue;
7.3.8—Both sides of Fifth Street from Iowa Street
to Bluff Street;
7.3.9—Both sides of Sixth Street from Central
Avenue to Iowa Street;
7.3.10—Both sides of Seventh Street from Central
Avenue to Iowa Street;
7.3.11—Both sides of Eighth Avenue from Central
Avenue to Iowa Street; and from Bluff Street to a
point 300 feet westerly of Bluff Street;
7.3.12—Both sides of Ninth Street from Central
Avenue to Iowa Street;
7.3.13—Both sides of Tenth Street from Central
Avenue to Iowa Street and from Locust Street to
Bluff Street;
7.3.14—Both sides of Eleventh Street from Central
Avenue to Bluff Street.
7.3.15—The north side of Dodge Street from Bluff
Street to a point 800 feet westerly of Bluff Street.
7.3.15—The west side of Locust Street from
Eleventh Street to Twelfth Street.
7.3.16—Both sides of West Ninth Street from Bluff
Street to a point four hundred feet (400') westerly of
Bluff Street.
7.3.18—Both sides of Thirteenth Street from Central
Avenue to Iowa Street.
7.4—Parking Meter District D.
7.4.1—Both sides of Central Avenue from Third
Street to Fourth Street;
7.4.2—Both sides of Iowa Street from Second
Street to Fourth Street and from Thirteenth Street to
Loras Boulevard;
7.4.3—Both sides of Main Street from Thirteenth
Street to Loras Boulevard;
7.4.4—The east side of Locust Street from Eleventh
Street to Twelfth Street and both sides of Locust Street
from Twelfth Street to Loras Boulevard.
7.4.5—Both sides of Bluff Street from Fourth Street
to Fifth Street and from Eleventh Street to Twelfth
Street;
7.4.6—Both sides of Fourth Street from Central
Avenue to Bluff Street;
7.4.7—Both sides of Fifth Street from Central Ave-
nue to Iowa Street;
7.4.8—Both sides of Eighth Avenue from a point
300 feet west of the west line of Bluff Street to Uni-
versity Avenue;
7.4.9—Both sides of Twelfth Street from Central
Avenue to Bluff Street;
INN
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ier
IMO
11111
7.4.10—Both sides of Thirteenth Street from Iowa
Street to Locust Street.
7.4.11—Both sides of West Ninth Street from a
point four hundred feet (400') westerly of Bluff
Street to University Avenue.
Section 7A. Subject to the limitation provided
in Section 8 hereof, and the provisions of Ordinance
No. 33-49 restricting parking, parking meters, when
installed and properly operated, shall show legal
parking upon and after the deposit of United States
coins in accordance with the following schedule:
1. In Parking Meter District A such meters shall
show legal parking for 6 minutes upon the deposit of
each one cent coin, or 30 minutes upon the deposit
of one five cent coin, but not more than a total of
30 minutes at any one time;
2. In Parking Meter District B such meters shall
show legal parking for 12 minutes upon the deposit
of each one cent coin, or 60 minutes upon the deposit
of one five cent coin,,..but not more than a total of 60
minutes at any one time;
3. In Parking Meter District C such meters shall
show legal parking for 12 minutes upon the deposit
of each one cent coin, 60 minutes upon the deposit
of each five cent coin, or 120 minutes upon the
deposit of one ten cent coin, but not more than a
total of 120 minutes at any one time;
4. In Parking Meter District D such meters shall
show legal parking for 18 minutes upon the deposit
of each one cent coin, 90 minutes upon the deposit
of each five cent coin, 3 hours upon the deposit of
each ten cent coin, or 71/2 hours upon the deposit
of a twenty-five cent coin.
Section 3. That Section 8 of Ordinance No. 7-47
be and the same is hereby repealed and the follow-
ing enacted in lieu thereof:
Section 8. Between the hours of 9 A.M. and 6
P.M., Sundays and public Holidays as defined in
Ordinance No. 33-49 excepted, regardless of whether
the parking meter shows legal parking, no vehicle
shall be parked in a parking meter zone for longer
than the following periods of time, within the follow-
ing Parking Meter Districts:
Not longer than 30 minutes in Parking Meter
District A;
Not longer than one hour Parking Meter District B;
Not longer than two hours in Parking Meter District C.
Section 4. That Section 9 of Ordinance No. 7-47
be and the same is hereby repealed and the follow-
ing enacted in lieu thereof:
Section 9. It shall be unlawful to deposit, or
cause to be deposited, in any parking meter any
slug, device or metallic substitute for a United States
coin.
69
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:
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 here-
by 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. Such notice
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 addressed
to such owner at his last known address. In the event
the owner of such property or his address is unknown
to the City Manager after reasonable 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 Coun-
cil describing the condition complained of, the time
and manner of the service of the notice, the des-
cription 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 tlian ten (10) days prior to said hearing 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 in-
volved and all other interested parties shall be afford-
ed an opportunity to appear and he heard.
Section 4. If at said hearing the City Council
shall find that said building or structure is danger-
70
ous to life, health or property, it may direct the City
Manager to remove, repair or dismantle said build-
ing 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 Assembly of Iowa.
Section 5. The City Manager, or his properly
authorized representatives are hereby authorized
and empowered to enter upon any property in the
City of Dubuque for the purposes of carrying out
any order entered by the City Council in accordance
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 to engage in
the business of installing heating apparatus in build-
ing, shall first file with the City Clerk a surety bond,
from a surety company authorized to do business
in Iowa as surety, in a penal sum of $2,000.00 and
in a form and company approved by the City
Council, conditioned on the faithful performance of
such work in accordance with all applicable City
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 heat-
ing 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 necessary ap-
purtenances except wiring 5.00
New oil burning heating units 5.75
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 $1005.00
Water Heaters (Gas) 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 covered
by the above when the price charged the customer
is $100.00 or less but such work shall comply 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:
71
CHAPTER XVI A
Approval and Installation Requirements for Gas Fired
Units and Conversion Gas Burners with Imput 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 Association La-
boratories or a similar qualified impartial testing
laboratory. The approval shall be for safety, com-
bustion and rating.
345.3. CLOSE INSPECTION OF FURNACES RE-
QUIRED. 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 pri-
mary and secondary heating surfaces. On inspection,
if furnace appears to be tight and before pipes or
casing are replaced, the flue passage 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 reassembled and the
conversion gas burner installed. If smoke does ap-
pear during this test, the furnace shall be given
another smoke test after repairs or replacements are
made.
345.4 AUTOMATICALLY OPERATED A I R
DOORS NOT PERMITTED. All combustion air doors
will be permanently positioned.
345.5. HOT WATER COILS NOT PERMITTED.
No hot water coils will be permitted in a combustion
chamber in which a gas burner is installed. If there
are hot water coils in a combustion chamber of an
existing furnace or boiler they shall 'be removed
when a conversion gas burner is installed in that
furnace or boiler.
72
345.6. REQUIREMENTS FOR INSTALLATION OF
DOMESTIC GAS CONVERSION BURNERS. The work
shall be done and the equipment installed in accord-
ance with recognized good practices. Compliance
with "American Standards Requirements for Instal-
lation of Domestic Gas Conversion Burners" 1948
Edition shall be prima facie evidence of good work-
manship 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 CO2,
test shall indicate a reading of 61/ % 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 recording 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 out-
lining procedures shall be attached to or near the
installation as follows:
(a) Instructions for the proper manner of operating
gas main shut-off valve, pilot valve and proper
sequence for lighting unit.
(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 section
shall apply only to natural draft venting. Forced draft
or exhaust systems and power burners usually re-
quired special engineering and installation and shall
require approval of the Building Commissioner.
(a) All masonry chimneys used for venting gas
burning equipment up to 350,000 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 classified
by the National Board of Fire Underwriters Labora-
tories.
2. Type B gas vents as approved and classified
by the National Board of Fire Underwriters Labora-
tories.
tilli.ww3. 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 heat-
ing space other than gas fired, liner requirements
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" 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 vent-
ing 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 ap-
proved 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.
6. Appliances listed for vented use only.
(b) Appliances listed below will not require vent-
ing 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, Orphan-
ages, etc. Such heaters shall be connected to an
effective flue or vent and equipped with an auto-
matic 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:
73
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 Equip-
ment in Large Boilers — Z 21.33, 1950 Edition," except
as hereafter provided and said publication except as
hereafter provided is hereby approved 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 Standards 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 follow-
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 modulat-
ing type with 2 stage modulating valve assuring 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 arranged to prevent re-
cycling 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-
74
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 independent
valves where in the opinion of the Building Com-
missioner 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 pressure.
345.14. DUAL - FUEL BURNERS. Definition: The
term, "Dual -Fuel Burner" shall mean an appliance
designed to supply either gaseous or liquid fuel to
and properly burn same within the combustion
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 accomplished by
means of a manual double throw switch interlocked
to prevent simultaneous operation 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 inserts, 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 operation
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 through-
out 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 conversion
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 permissible 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 regulations,
and to prescribe penalties for the violation there-
of; 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 without a license, and
to repeal Ordinance No. 107, Ordinance No. 8, 33
and Ordinance No. 4, 33 Plumbers Section 1, 2,
3, and 4.
Be it Ordained by the City Council of the City of
Dubuque.
Part I. Administration
Section 1. Division of Plumbing Inspection: The
division of plumbing inspection is hereby established
in the building department to enforce the laws and
ordinances governing plumbing, and shall be com-
posed of a chief plumbing inspector, plumber's
examining board and such assistant plumbing in-
spectors 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 journey-
man plumber.
Section 3. Board of Examiners: The City Mcm-
ager
shall, with the consent and approval of the
City Council, appoint a board of examiners consist-
ing 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 meetings
of said board and to register the names and resi-
dences of all persons examined by said board, the
result of the examination and the kind of license
issued to each, if any, and the date thereof, and
assist the board in preparing, conducting and grad-
ing examinations, and maintain a roster of all
apprentices 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 plum-
bers or master plumbers to determine their fitness and
qualifications as journeyman plumbers or master
plumbers and shall issue 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.
Section 9. Qualifications of Journeyman Plum-
ber: A Journeyman plumber must be able to read
blue prints, do simple mathematical problems, and
must know the city plumbing ordinances and the
75
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 examination show-
ing 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 ordinance
by the board of examiners shall make application
therefor to the board of examiners on blanks furnish-
ed by the board, setting forth information necessary
to establish his qualifications as such, and each
application shall be accompanied by a receipt from
the City Treasurer for the examination 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 corporation
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 maintenance
of the buildings and equipment of said firm or cor-
poration, 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 instal-
lations, 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 renewed
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 follow-
ing the year in which the license was first issued.
The date of such renewal shall be endorsed on the
licenses. In the event the holder of any such license
shall fail to renew the same in the manner herein
provided, the license shall expire and a new one
76
shall not be issued except in compliance with Section
11 hereof. The annual renewal fee shall be two
dollars ($2.00) for master 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 aggrieved by the action of the board
in revoking his license, he may appeal from such
action to the City Council by filing written notice of
his appeal within ten days from the date of mailing
of such notice. The council shall give five days writ-
ten 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 ex-
cept 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 removing liquid
and water carried wastes in the City of Dubuque,
without first having obtained a plumber's license or
is working under the direct supervision 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 build-
ings 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 building in the City of
Dubuque, unless such person has obtained a plumb-
er'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 business
of plumbing, other than as a journeyman plumber,
actually engaged in the installation of plumbing,
and who employs other licensed plumbers or ap-
prentices, and who is skilled in the planning, super-
intending and practical installation of plumbing and
familiar with the laws, rules and regulations govern-
ing 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, alteration or re-
pair 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 examining board as
such, and at no time shall any apprentice 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 application
in writing for such permit stating therein the street
and house number, with the owner's name, the name
of the licensed plumber, specifying 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 stop-
page in soil or waste pipes or for replacing broken
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 approved anti -
syphon 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 there-
for.
Section 23. Permits Issued: Upon the approval
of the application provided for in Section 21 hereof,
the division of plumbing inspection shall issue a per-
mit to the person applying therefor, stating 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 addi-
tional plumbing work in any building where the
plumbing is found defective or has been installed or
is being maintained contrary to the provisions of
the City plumbing ordinances, or the rules and re-
gulations 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 equip-
ment shall be considered as a fixture.
For each bar, soda fountain, refrigerator, air condi-
tioning unit or similar equipment requiring in-
direct 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 con-
nected to the water supply 1.00
For the reinspection of any work found defective
or installed contrary to the requirements
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 receipt
shall be presented to the City Plumbing inspector
before any permit is issued to any person applying
therefor.
Section 25. New Permit Required: When a per-
mit 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 obtained 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 construction
of such plumbing shall be subject to the inspection
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 exam-
ining and carrying into effect the provisions of the
plumbing ordinances of the City of Dubuque, or
the rules and regulations of the local or state boards
of health.
Section 26. 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 ordi-
nance, notify the plumbing inspector that inspection
is required, giving location of the premises, 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 work or the owner of the premises, by written
letter or by posting written notices upon the pre-
mises, and such letter or such posting shall be all
77
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.
Section 30. Covering or Using Before Inspection:
Prohibited: It shall be the duty of the plumber in-
stalling the work to see that no plumbing is covered
or used until such work has been inspected and
approved by the plumbing inspector.
Section 31. Variations from the Requirements of
this Ordinance: When it is possible or impractical
to install plumbing in strict accordances with the
plumbing ordinances 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 permitted,
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 32. Liability for Damages: None of the
provisions of this ordinance shall be construed to
relieve or less the liability of any person, firm, or
corporation owning, operating, controlling, installing,
or repairing any plumbing work or equipment where
damages to any person or property are caused by
any negligence or defects in the operation of in-
stallation thereof. Nor shall the City of Dubuque, or
any of its inspectors be held as assuming any
liability by reason of the inspection authorized here-
in 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 indirectly
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 accessible 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 bituminous
fibre pipe for house sewers shall not be permitted.
(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.
78
Section 34. Penalty. Any person, firm or cor-
porajion 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 ordinance,
for any reason, is held to be unconstitutional and
invalid, such decision shall not affect the validity of
the remaining portions of this ordinance. 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 there-
of irrespective of the fact that anyone or more
sections, subsections, sentences, clauses or phases
may be declared unconstitutional or invalid.
Section 3. Effective Date: This ordinance shall
be in full force and 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:
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
79
CHAPTER
Zoning and
Ordinance No. 57-51 (Trailer Ordinance)
An Ordinance Amending Ordinance No. 3-34 Enti-
tled "The Zoning Ordinance of the City of Dubu-
que" by Adding New Subsections Thereto Defin-
ing "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 Violation Thereof.
Be it Ordained by the City Council of the City of
Dubuque:
Section 1. That Article II, Section 4 of Ordinance
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 defined,
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 I of said
Ordinance No. 3-34 is hereby amended by adding
new subsections (j) and (k) thereto as follows:
Art. V, Section I —
0) Trailer Parks provided the same are designed,
constructed and maintained in accordance with
Article IX hereof.
(k) Trailer Sales Lots.
Section 3. That Article VI, Section I of said
Ordinance No. 3-34 is hereby amended by adding
a new subsection (23) thereto as follows:
Article VI Section I —
(23) Trailer Parks except those designed, con-
structed and maintained in accordance with Article
IX hereof.
Section 4. That Article VII Section I of said Or-
dinance No. 3-34 is hereby amended by adding
thereto a new subsection (52) thereto as follows:
Article VII Section I —
(52) Trailer Parks except those designed, con-
structed and maintained in accordance with Arti-
cle IX hereof.
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 condi-
tions have been complied with:
1. The proprietor of such Trailer Park shall file
with the Building Commissioner a plat of such pro-
posed Trailer Park showing the following information:
(a) Location of sites for trailers.
80
XVIII
Platting
(b) Location and number of sanitary conven-
iences to be used by occupants of trailers.
(c) Plan for electrical distribution of light 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 lavatories 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 bb 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 follow-
ing 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 sell-
ing or advertising device) and so designed that it is
or may be mounted on wheels and used as a convey-
ance 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
automobile body designed to accommodate six or
less passengers.
Trailer Park. A Trailer Park is any lot, parcel
or tract of land designed, maintained or intended for
the purpose of supplying a location or accom-
modations 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.
111
111
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 12/3/51.
Published 12/7/51.
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 Classification.
Whereas the Planning and Zoning Commission
has recommended to the City Council that the follow-
ing described area be changed from its present classi-
fication 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:
Section 1. That the Zoning Map and Ordinance
No. 3-84 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 12/3/51.
Published 12/10/51.
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 classification,
to -wit: Lots 7 to 20, inclusive, of Finleys Addition 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 Variances
from the Restrictions and Boundaries of Such
Zones; Defining Certain Terms Used Herein; Pro-
viding 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 promot-
ing 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 occupants of land and
other persons in the vicinity thereof and preventing
the destruction of impairment of the utility of said
airport and the public investment therein.
Be it Resolved by the Board of Supervisors of Dubu-
que 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 Zon-
ing Resolution.
Article IL Definitions
Section 1. As used in this resolution, unless the
context otherwise requires, certain terms and words
shall be construed as provided in this Article. Words
used in the present tense shall include the future
and the singular shall include the plural and the
plural 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 Northeast
Quarter, the East one-half of the Northwest Quarter
and the Southeast Quarter of Section 27; the North-
east 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 Northwest 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-
81
off at the airport or is otherwise hazardous 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 effective
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 represent-
ative 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, overhead trans-
mission 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 centerline
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 landing strip together
with a strip of land 500 feet in width, 250 feet on
each side of a centerline described as follows: Com-
mencing 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 horizontal
surface and the conical surface are measured, said
airport reference point being as following described:
Starting at the North Quarter corner 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 hereby 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 turning
zones are created by this Article embracing the area
in and around the boundaries of the airport, which
zones shall be as provided in this Article.
Section 2. Non -instrument approach zones are
82
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 extending in a
northwesterly direction and in a south-easterly
direction beginning 200 feet outward from the north-
west end and the southeast end, respectively, of the
paved portion of the northwest -southeast runway as
the same is now in place on the airport and design-
ated as runway 13-31. Said northwest -southeast run-
way being 150 feet in width and with a centerline
coincident with the centerline of the northwest -south-
east landing strip as the same is described in Article
II, Section 10 of this resolution. Such non -instrument
approach zones shall be bounded on the ground by
the following lines: (a) A straight line 200 feet out-
ward from the runway 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 center-
line 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 con-
necting the ends of the aforesaid lines which extend
to the same side of the projected centerline of said
runway.
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, creat-
ed, 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 established by
this Article for the respective zones, nor shall any
non --conforming structure or tree be so replaced, re-
built, 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 regulations herein
contained or any amendments thereto.
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, rising
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 com-
prise said turning zone and are described as follows:
(a) the horizontal surface is a plane, circular 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, rising at a rate of one foot vertical-
ly 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 horizontally, 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 horizontally,
measured in vertical planes perpendicular to the
centerlines of the runways. The transitional 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 runway centerlines and at a distance
of 200 feet from said centerlines. Transitional sur-
faces also extend upward and outward from the sides
of all approach 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 air-
craft and ground stations, make it difficult for opera-
tors of aircraft to distinguish between lights on the
airport intended for aid in landing or taking -off there-
at or in aerial navigation, and other lights result in
glare to the eyes of the operators of aircraft using the
airport, impair visibility in any of said zones or other-
wise make hazardous the landing or taking -off of
aircraft at the airport or the maneuvering of aircraft
in connection with such landings or take -offs, pro-
vided, however, that the mere height of trees or stru-
ctures 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 vio-
lation of this section.
Section 2. Non -conforming uses. The regula-
tions prescribed in this resolution shall not be so
construed as to require the removal, lowering, chang-
ing or altering of any non -conforming structure or
tree nor as to otherwise interfere with any non -con-
forming 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 thereof, 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 additional
member who shall act as Chairman of the Board to
be selected by a majority vote of the members select-
ed 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 munici-
pality, one shall be appointed 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 sub-
division 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 trans-
mit 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 appeal
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 property.
In each case, proceedings shall not be stayed other-
wise 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:
(a) To hear and decide appeals where it is al-
leged there is error in any ^rder, requirement, de-
83
cision or determination made by an administrative
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 con-
trary 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 329 of the
1950 Code of Iowa and would do substantial justice.
The board in allowing variances 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 main-
tain such markers and lights as such city or county
shall deem to be necessary to indicate to the opera-
tors of aircraft 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 affirm 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 appli-
cant on any matter on which it is required to pass
under this resolution or to effect any variation 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 Re-
gulations to assist in the performance of its duties,
none of whom shall be members 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 misde-
meanor and the perpetrator thereof upon conviction
shall be punished by a fine of not to exceed $ 100.00
84
or by imprisonment for a term not to exceed thirty
days; and each day a violation continues, 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 sever-
able.
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 Supervisors
of Dubuque County and upon its publication as pro-
vided 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
Ordinance 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 hereby
classified and designated "Single Family Residence
District";
Section 3. That the following described areas
are hereby classified and designated "Local Business
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') on a line parallel to
and one hundred feet (100') northerly of the Asbury
Road, thence southerly one hundred feet (100') 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
beginning.
(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'), thence south-
easterly at a right angle to the Delhi Road a distance
of one hundred feet (100'), thence three hundred and
fifty feet (350') 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 Addi-
tion, thence northwesterly one hundred feet (100') to
the place of beginning;
(c) On the northerly side of the Delhi Road west-
erly 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 District":
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') 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. High-
way 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 (175'), thence southeasterly along a line three
hundred and eighty feet (380') south of and parallel
to the center line of U.S. Highway No. 20 for a
distance of three hundred feet (300'), thence northerly
along the easterly line of Lot 1 of 2 of 1 of 1 of George
Jecklin Farm to the northeast corner of said Lot,
thence easterly two hundred and five feet (205') 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 (260'), thence westerly along a line
two hundred and sixty feet (260') north of and parallel
to U.S. Highway No. 20 to the westerly City Limits
line, thence south along the westerly City Limits line
two hundred and ninety feet (290') 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 Therefore, Be it Ordained by the City Council
of the City of Dubuque:
Section 1. That the Zoning Map and Zoning
Ordinance 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 Gar-
field 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 east-
erly 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 Ordinance
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 west-
erly 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 north-
erly and parallel to West Twenty-eighth Street to its
intersection with the center line of Davenport Street;
thence northerly along the center line of Davenport
Street to the center line of Sabula Street; thence west-
erly along the center line of Sabula Street to the cen-
ter line of Muscatine 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 southerly 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 Central 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 classi-
fication to two family residence district classification.
Adopted 7/7/52
Published 7/11/52
85
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
Ordinance of the City of Dubuque be amended by
changing from local business district classification
to business district classification the area 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 busi-
ness 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 Ordi-
nance, so as to Change the herein described Area
from Single Family Residence District Classifi-
cation to Two Family Residence 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, 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 easterly line of Glen
Oak Street; thence southerly along a line one hun-
dred feet easterly and parallel to the easterly line
of Glen Oak Street to a point one hundred feet north
of the north line of University Avenue; thence wester-
ly along a line one hundred feet north of and parallel
to the north line of University Avenue to a point one
hundred and fifty feet easterly of the east line of
Mt. Pleasant Street; thence northerly along a line
one hundred and fifty feet east of and parallel to
86
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 Ordi-
nance," so as to Change the herein Described
Area from Two -Family Residence District Classi-
fication 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 Ctiy of
Dubuque, as provided by Ordinance No. 3-34 design-
ated the "Zoning Ordinance" be and the same is
hereby amended and changed by changing from
Two -Family Residence District Classification to
Multiple -Family Residence District Classification, 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. 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 building and em-
ploying 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 continued,
although such use does not conform with the pro-
visions 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 structure has been
altered, improved, repaired or reconstructed and the
aggregate cost of such work exceeds fifty per cent
(50%) of the assessed value of such building or struc-
ture before such work was done, it shall thereafter
be used only in such manner 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 -conform-
ing 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 Ad-
justment shall determine, after a public hearing of
which published notice hds 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 with-
in the classification of the existing use, he may apply
to the Board of Adjustment for permission so to do
and if the Board of Adjustment shall determine after
a public hearing, of which published notice has
been given, that adequate yard spaces and other
safeguards to preserve the character of the neighbor-
hood 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 permission 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 -conform-
ing use shall be considered abandoned when the
intent of the owner to discontinue the use is apparent,
or when the characteristic equipment and furnish-
ings 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 conforming use, or when
it has been changed to another use under permit
from the Board of 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 Com-
missioner shall issue a "Certificate of Non -Conform-
ing Use" to all owners of property upon which a law-
ful 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. When-
ever, because of a change in the Zoning Map, or
the Zoning Ordinance, a lawful conforming use shall
become a non -conforming use, the Building Commis-
sioner 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 Ordi-
nance, so as to change the herein described
Area from Multiple and Two Family Residence
District Classification to Business District Classi-
fication.
Be it Resolved 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, de-
signated 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 Classifi-
cation 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 comer 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 599y 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 present business
district; then southeasterly to the southeast corner of
Lot 1 of Lot 2 of City Lot 598 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 Dubu-
87
que, Iowa, so as to Change the hereinafter
dsecribed property lying on the north side of
Grace Street from Single -Family District Classi-
fication to Two -Family District Classification.
Be it Ordained by the City Council of the City of
Dubuque:
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 District
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:
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 engaged
in a business hereinafter specifically mentioned in
a lower Zoning Classification.
(c) Professional office building for physicians,
surgeons, dentists, architects, attorneys or similar
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 projected
more than six (6) feet therefrom, or projecting 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.
88
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 in residential structures shall
conform to the requirements of the Housing Law,
State of Iowa. Courts for other than residential stru-
ctures shall be governed by the Building 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 pre-
scribed as the minimum lot area per family, provided
such lot was held under separate ownership from
the adjacent lots and a record plat of lots or sub-
division of property shows such lot to be separate
and distinct at the time of the passage of this ordi-
nance. 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 (15) 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 clearance 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
ariended 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 following pur-
poses:
(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 designed,
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. Un-
occupied 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 Dis-
trict 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 Restaurant,
where used in this ordinance, shall mean an esta-
blishment engaged in the sale of food or beverages
which, as a part of its regular business, provides
service to. patrons seated in motor vehicles 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:
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 Classifi-
cation to Local Business District A Classification, 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 Addition
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
89
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 1 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 2 of 1 and Lot 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 Classification,
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 Classifi-
cation to Two Family Residence District Classification,
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 Business
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 Multi-
ple Family Residence District Classification.
Be it resolved 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 its
present Two Family Residence District Classification
to Multiple Family Residence District Classification
the property described as follows:
Lots 4, 5, 6, 7 and 8 Julia Langworthy's Sub.
Adopted 8/1/55
Published 8/4/55
90
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, de-
signated 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, Classification
the property described as follows:
of 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
ail in Mount Pleasant Addition.
Adopted 7/18/55
Published 7/21/55
Ordinance No. 51-55
An Ordinance Amending the Zoning Map and Zoning
Ordinance of the City of Dubuque to change Lot
1 of Block 1 of St. Anne's Subdivision and Lots
386, 387, 388, 408, 409 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 Addi-
tion 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 here-
by authorized and directed to record a certified copy
of this ordinance in the office of the County Recorder
of Dubuque County.
Adopted 10/3/55
Published 10/6/55
Ordinance No. 67-55
An Ordinance Amending the Zoning Map and Zoning
Ordinance of the City of Dubuque by changing
the herein described property from Multiple Resi-
dence District Classification to Local Business
District "B" Classification.
Be it Ordained by the City Council of the City of
Dubuque, as follows:
Section 1. That the Zoning Map and Zoning
Ordinance of the City of Dubuque be and the same
is hereby amended by changing the hereinafter
described property from its present Multiple Resi-
dence District Classification to Local Business District
B Classification, to -wit:
The strip of land bounded by a line commencing
at the northeast corner of Lot 2 of Lot 2 of Mineral
Lot 363, thence westerly along the north line of Lot
2 of Lot 2 of Mineral Lot 363 a distance of 100 feet;
thence northerly along a line 100 feet west of
and parallel to the west line of Central Avenue
to the North City limits, thence along the North City
limits line to the west line of Central Avenue, thence
southerly along the west line of Central Avenue to
the point of beginning.
Section 2. This Ordinance shall be in full force
and effect from and after its final passage, adoption
and publication as by law provided.
Introduced the 5th day of December, 1955.
Rule requiring reading on three separate days
suspended by unanimous vote the 5th day of Decem-
ber, 1955.
Passed, adopted and approved this 3rd day of
January, 1956.
CLARENCE P. WELU, Mayor
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZINGER
CHARLES E. DOVE, Councilmen
Attest: Leo F. Frommelt ,City Clerk
Published officially in the Telegraph -Herald
Newspaper this 6th day of January, 1956.
LEO F. FROMMELT, City Clerk
it. 1/6
Ordinance No. 11-56
An Ordinance Amending Ordinance No. 3-34 by
Changing the Zoning Classification of the hereinafter
described real estate from its present Zoning Classifi-
cation to Local Business District "A" Classification.
Be it Ordained by the City Council of the City of
Dubuque:
Section 1. That Ordinance No. 3-34, known as
the Zoning Ordinance and Zoning Map of the City
of Dubuque, as amended, be and the same is here-
by amended by changing Lots 1, 2, 3, 4, 5 and 6
in Block 5 in Hillcrest Heights Subdivision, and
Lot 2 of Lot 1 of Lot 1 of Lot "A" in Hillcrest
Park Subdivision, all in the City of Dubuque, Iowa,
from their present zoning classifications to local Busi-
ness District "A" Classification.
Section 2. This Ordinance shall be in full force
and effect from and after its final passage, adoption
and publication as by law provided.
Introduced the 2nd day of April, 1956.
Rule requiring reading on three separate days
suspended by unanimous vote the 2nd day of April,
1956.
Passed, adopted and approved this 7th day of
May, 1956.
CLARENCE P. WELU, Mayor
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZINGER
CHARLES E. DOVE, Councilmen
Attest: Leo F. Frommelt, City Clerk
Published officially in The Telegraph -Herald
newspaper this loth day of May, 1956.
LEO. F. FROMMELT, City Clerk
it. 5/10
Ordinance No. 12-56
An Ordinance Amending Ordinance No. 3-34 by
Changing the Zoning Classification of the here-
inafter described real estate from its present Zon-
ing Classification to Local Business District "A"
Classification.
Be it Ordained by the City Council of the City of
Dubuque:
Section 1. That Ordinance No. 3-34, known as
the Zoning Ordinance and Zoning Map of the City of
Dubuque as amended, be and the same is hereby
amended by changing from their present zoning
classification to Local Business District "A" Classifi-
cation the following parcels of real estate:
Lot 3a of Mineral Lot 149; Lot 5 of the Subdivision
of Lots 1 and '2 of Mineral Lot 62;
Lot 2a of Mineral Lot 149; Lot 3 of the Subdivision
of Lots 1 and 2 of Mineral Lot 62;
Lot la of Mineral Lot 149; Lot 1 of the Subdivision
of Lots 1 and 2 of Mineral Lot 62;
Lot 1 of Lot 1 of Lot 2 of Lot 5 of Part of Mineral
lot 149;
Lot 1 of Lot 5 of Part of Mineral Lot 149;
Lot 2 of Lot 1 of Lot 2 of Lot 5 of Part of Mineral
Lot 149;
West 3/4 of Lot 6 of Part of Mineral Lot 149;
East 1/4 of Lot 6 of Part of Mineral Lot 149;
West 75 feet of Lot 7 of Part of Mineral Lot 149;
East 25 feet of Lot 7 of Part of Mineral Lot 149;
Lot 8 of Part of Mineral Lot 149;
Lots 12, 13, 14 and 15 Bonson and Stewart's
Subdivision;
Lot 2 of Mineral Lot 68;
Lot 4A of Part of Mineral Lot 149;
Lots 1, 2, 3, 4, and 5 of Reeder and Langworthys
Subdivision;
Section 2. This Ordinance shall be in full force
and effect from and after its final passage, adoption
and publication as by law provided.
Introduced the 2nd day of April, 1956.
Rule requiring reading on three separate days
suspended by unanimous vote the 2nd day of April,
1956.
Passed, adopted and approved this 7th day of
May, 1956.
CLARENCE P. WELU, Mayor
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZINGER
CHARLES E. DOVE, Councilmen
Attest: Leo F. Frommelt, City Clerk
Published officially in The Telegraph -Herald
newspaper this 10th day of May, 1956.
LEO F. FROMMELT, City Clerk
It 5/10
Ordinance No. 44-56
An Ordinance Amending the Zoning Ordinance and
Zoning Map of the City of Dubuque by Changing
the Classification of the herein described real
estate from Single Family Residence District
91
Classification to Two Family Residence District
Classification.
Be it Ordained by the City Council of the City of
Dubuque:
Section 1. That Ordinance No. 3-34, known as
the Zoning Map and Zoning Ordinance of the City of
Dubuque be and the same is hereby amended by
changing from its present Single Family Residence
District Classification to Two Family Residence Dis-
trict Classification, the following described property
in the City of Dubuque:
Beginning at a point at the northeast corner of
North Grandview Avenue and West Third Street,
thence northerly along the east line of North Grand-
view Avenue to a point one hundred feet south of the
south line of Dehli Street, thence easterly along a
line parallel to and one hundred feet south of the
south line of Delhi Street, one hundred feet, thence
southerly along a line parallel to and one hundred
feet east of North Grandview Avenue to the north
line of West Third Street, thence westerly along the
northerly line of West Third Street to the point of
beginning.
Section 2. This Ordinance shall be in full force
and effect from and after its final passage, adoption
and publication as by law provided.
Introduced the 4th day of September, 1956.
Rule requiring reading on three separate days
suspended by unanimous vote the 4th day of Septem-
ber, 1956.
Passed, adopted and approved this 8th day of
October, 1956.
CLARENCE P. WELU, Mayor
LEO N. SCHUELLER
CHARLES A. KINTZINGER
CHARLES E. DOVE, Councilmen
Attest: Leo F. Frommelt, City Clerk
Published officially in the Telegraph -Herald
Newspaper this llth day of October, 1956.
LEO F. FROMMELT, City Clerk
lt. 10/11
Ordinance No. 45-56
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 Ordi-
nance of the City of Dubuque and Enacting Sub-
stitutes Therefore 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 "Zoning
Ordinance" of the City of Dubuque be and the same
is hereby repealed.
Section 2. That Section 1 of Article 4 of Ordi-
nance No. 3-34 is hereby amended by adding a new
Sub -section "j" thereto as follows:
92
"j"—Professional office or studio of a physician,
surgeon, doctor, dentist, architect, musician, lawyer
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 the north line of the Middle
1/5 of City Lot 473, thence west along the north line
of the Middle 1/5 of City Lot 473 one hundred and
fourteen feet, thence south along the west line of
City Lot 473 (which is the east line of Locust Street
extended) and along the east line of Locust Street
to the south line of West Fifteenth Street, thence west
along the south line 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
Boulevard; thence west along the center line of Loras
Boulevard to a point one hundred feet west of the
west line of Bluff Street, thence south along a line
one hundred feet west of and parallel to the west
line of Bluff Street to the north line of West Ninth
Street, thence east along a line one hundred feet
north of the north line of West Ninth Street 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 beginning, and the area further described:
Beginning at the point of the intersection of the
center lines of Loras Boulevard and Walnut Street,
thence east on the center line of Loras Boulevard
to a point one hundred and twenty feet east of the
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 the
intersection of the center lines of Prairie Street and
Chestnut Streets, thence west along the center line
of Chestnut Street to the point of the 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 Boulevard, 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. This Ordinance shall be in full force
and effect from and after its final passage, adoption,
and publication as by law provided.
Introduced the 4th day of September, 1956.
Rule requiring reading on three separate days
suspended by unanimous vote the 4th day of Septem-
ber, 1956.
Passed, adopted and approved this 8th day of
October, 1956.
CLARENCE P. WELU, Mayor
LEO N. SCHUELLER
CHARLES A. KINTZINGER
CHARLES E. DOVE, Councilmen
Attest: Leo F. Frommelt, City Clerk
Published officially in The Telegraph -Herald
newspaper this 11 th day of October, 1956.
LEO F. FROMMELT, City Clerk
lt. 10/11
Ordinance No. 15-57
An Ordinance Amending Ordinance No. 3-34, known
as the Zoning Ordinance and Zoning Map, chang-
ing the zoning classification of certain herein
described lots.
Be it Ordained by the City Council of the City of
Dubuque, Iowa, as follows:
Section 1. That Ordinance No. 3-34, known as
the Zoning Ordinance and Zoning Map of the City
of Dubuque, be and the same is hereby amended by
changing from Single Family Residence District
Classification to Two Family Residence District
Classification, the following described property in
the City of Dubuque, Iowa, to -wit:
Lots 7 to 27, inclusive, in Oakland Park Addition;
Lots 6 to 13, inclusive, in Gray's Subdivision;
Lot 5 of Mount Pleasant Addition.
Section 2. This Ordinance shall be in full force
and effect from and after its final passage, adoption
and publication as by law provided.
Introduced the 4th day of February, 1957.
Rule requiring reading on three separate days
suspended by unanimous vote the 4th day of Febru-
ary, 1957.
Passed, adopted and approved this 4th day of
March, 1957.
CHARLES E. DOVE, Mayor
CLARENCE P. WELU
RAY F. KOLB
LEO. N. SCHUELLER
CHARLES A. KINTZINGER, Councilmen
Attest: Leo F. Frommelt, City Clerk
Published officially in The Telegraph -Herald
Newspaper this 8th day of March, 1957.
LEO N. FROMMELT, City Clerk
It 3/8
Ordinance No. 27-57
An Ordinance Amending Ordinance No. 3-34, known
as the Zoning Ordinance and Zoning Map, Chang-
ing the Zoning Classification of Certain herein
described Real Estate.
Be it Ordained by the City Council of the City of
Dubuque, Iowa, as follows:
Section 1. That Ordinance No. 3-34, known as
the Zoning Ordinance and Zoning Map of the City
of Dubuque, be and the same is hereby amended by
changing from Two -Family Residence District Classi-
fication to Local Business District "B" Classification,
the following described property ;in the City of
Dubuque, Iowa, to -wit:
"Beginning at a point on the north side of Dodge
Street and the southeast corner of Lot 1 of 2 of 1 of 2
of 1 of 1 of Mineral Lot 67, thence northerly along the
easterly line of Lot 1 of 2 of 1 of 2 of 1 of 1 of
Mineral Lot 67 a distance of one hundred and fifty
feet; thence westerly along a line parallel to the
northerly line of Dodge Street and one hundred and
fifty feet northerly thereof a distance of one hundred
and ninety feet; thence southerly along a line one
hundred and ninety feet westerly of the easterly line
of Lot 1 of 2 of 1 of 2 of 1 of 1 of Mineral Lot 67
and parallel thereto a distance of 150 feet to the
northerly line of Dodge Street, thence easterly along
the northerly line of Dodge Street to the southeast
corner of Lot 1 of 2 of 1 of 2 of 1 of 1 of Mineral Lot 67
which is the point of beginning."
Section 2. This Ordinance shall be in full force
and effect from and after its final passage, adoption
and publication as by law provided.
Introduced the 1st day of April, 1957.
Rule requiring reading on three separate days
suspended by unanimous vote the 1st day of April,
1957.
Passed by recorded roll -call vote, adopted and
approved this 6th day of May, 1957.
CHARLES E. DOVE, Mayor
CLARENCE P. WELU
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZINGER, Councilmen
Attest: Leo F. Frommelt, City Clerk
Published officially in The Telegraph -Herald
Newpaper this 10th day of May, 1957.
LEO. F. FROMMELT, City Clerk
It 5/10
Ordinance No. 44-57
An Ordinance Amending Ordinance No. 3-34, known
as the Zoning Map and Zoning Ordinance of the
City of Dubuque, so as to Classify the herein des-
cribed Property as Multiple Family Residence Dis-
trict.
Whereas the Planning and Zoning Commission
has filed its report recommending the rezoning to
Multiple Family Residence District of the hereinafter
described property; and
Whereas a public hearing on the question of such
proposed rezoning was held on the 5th day of August,
1957, at 7:30 o'clock P.M., Central Daylight Saving
Time, at the city Hall in Dubuque, Iowa, pursuant to
due and legal notice, and all parties in interest, and
all citizens, were given an opportunity to be heard
at said hearing; and
Whereas the City Council deems such Amend-
ment to fhe Zoning Map and the Zoning Ordinance
to be necessary and proper;
Now therefore be it Ordained by the City Council
of the City of Dubuque:
Section 1. That the Zoning Map and the Zoning
Ordinance of the City of Dubuque, known as Ordi-
nance No. 3-34, be and the same are hereby amend-
ed and changed as follows:
93
(a) By classifying as Multiple Family Residence
District all of the area bounded by University Ave-
nue, Wilson Avenue and Eighth Avenue, except Lot
13, Lot 1 of Lot 14, and the Easterly 15 feet of Lot 2 of
Lot 14, all in City Lot 703, which excepted property
shall remain classified as Business District;
(b) By classifying as Multiple Family Residence
District all of the area lying within the following de-
scribed boundary, to -wit: Commencing at the south-
east corner of the intersection of Eighth Avenue and
Wilson Avenue, which is the point of beginning;
thence easterly along the south line of Eighth Avenue
to its intersection with the west line of Hill Street;
thence southerly along the west line of Hill Street
to its intersection with the west line of Caledonia
Street; thence north along the west line of Caledonia
Street to its intersection with the north line of the
north 25 feet of the south 50 feet of the East 1/2 of
Lot 37 in Kelly's Addition; thence westerly along the
north line of said parcel to a point 100 feet west of
the west line of Caledonia Street; thence southerly
along a line 100 feet westerly of and parallel to the
west line of Caledonia Street to its intersection with
a line 100 feet westerly of and parallel to the west
line of Hill Street; thence westerly along a line 100
feet westerly of and parallel to the west line of Hill
Street to its intersection with a line 100 feet north of
and parallel to the north line of West Fifth Street;
94
thence westerly along a line 100 feet north of and
parallel to the north line of West Fifth Street to its
intersection with the east line of Wilson Avenue;
thence northerly along the east line of Wilson Ave-
nue to the northeast corner of the intersection of Wil-
son Avenue and Eighth Avenue, which is the point
of beginning.
Section 2. This Ordinance shall be in full force
and effect from and after its final passage, adoption
and publication as by law provided.
Introduced the 1st day of July, 1957.
Rule requiring reading of three separate days
suspended by unanimous vote the 1st day of July,
1957.
Passed, by recorded roll -call vote, adopted and
approved this 5th day of August, 1957.
CHARLES E. DOVE, Mayor
CLARENCE P. WELU
RAY F. KOLB
LEO N. SCHUELLER, Councilmen
Attest: Leo F. Frommelt, City Clerk
Published officially in The Telegraph -Herald
Newspaper this 9th day of August, 1957.
LEO F. FROMMELT, City Clerk
It 8/9
Ordinance No. 65-57
An Ordinance fixing requirements for the subdivision
of land into lots in the City of Dubuque and within
one mile of the limits of the City of Dubuque; re-
lating to streets, alleys, blocks, lots, parks, play-
grounds, and school sites within such subdivi-
sion; relating to rules and regulations governing
plats, filing, and approval thereof; and designat-
ing this Ordinance as "The Subdivision Regula-
tions of the City of Dubuque."
Now Therefore, be it Ordained by the City Council
of the City of Dubuque:
ARTICLE I
• Definitions
The following words and phrases, when used
herein, are defined, for the purpose of this Ordinance,
as follows:
(a) Alley. A platted, dedicated, and recorded
passageway not over thirty (30) feet in width, be-
tween rear or side lines of lots.
(b) Block. An area of land ordinarily bounded by
streets forming the circulation system of a community,
neighborhood, or subdivision and containing one
or more lots.
(c) Commission. The Planning and Zoning Com-
mission of the City of Dubuque.
(d) Council, City. The City Council of the City of
Dubuque.
(e) Easement. Easement shall mean a portion of
a lot or block in which the City and all public utilities
enfranchised by the City, have a right of passage
and to install and maintain pipes, wires, poles,
conduits and other equipment necessary to carry out
public services.
(f) Lot. A lot is a distinct parcel of land, the lo-
cation dimensions and boundaries of which are
determined by the latest official record or survey.
(g) Owner. The person or persons having title to
the land subdivided, both legal and equitable.
(h) Person. This term includes an individual, two
or more individuals, a group or association of persons
having common or individual interest in a tract, a
partnership, and a corporation.
(i) Street, Public. A public street is a dedicated,
platted, and recorded passageway forty (40) feet or
over in width commonly used for public travel.
(j) —, Cul-de-sac. A short minor street terminating
in a turn -around and having only one outlet.
(k) --, Main traffic thoroughfare. A street of con-
siderable continuity which is primarily a traffic artery
for intercommunication between and among large
areas.
(1) —, Secondary traffic thorough -fare. A street
supplementary to a major street system and primarily
a means of intercommunication between the system
and smaller areas, or among smaller areas.
(m) —, Minor. A street primarily for access to
abutting properties.
(n) Subdivider. A person undertaking the sub-
division of land.
(o) Subdivision. A subdivision is a division of a
lot, block, tract, or parcel of land into two (2) or more
lotsor other divisions for the purpose, whether im-
mediate or future, of the transfer of ownership or
building development, including all changes in street
lines or lot lines.
ARTICLE II
Regulations for the Subdivision of Land
Section 1—General
(a) Purpose. The purpose of these regulations is
to aid and to control the subdivision of land in the
interest of coordinated development of the City of
Dubuque; to establish a consistent policy upon plats
submitted to the Commission and the City Council;
and to enable them to ascertain whether the same
conforms to the applicable statutes and ordinances.
These regulations are established as the minimum
requirements to effect the purpose.
(b) Applicability. These regulations shall apply
to all land to be subdivided within the City of
Dubuque, and within one mile of the Limits of the
City of Dubuque, except to land divided into two (2)
parcels and no part of which is dedicated to public
use.
(c) Conformance to City Plan. All lands proposed
for subdivision shall conform in development to the
intent and spirit of the City Plan, in so far as practical,
in the location of streets, alleys, boulevards, parks,
and other public places and facilities; and shall not
conflict or interfere with the rights of way or exten-
sions of streets shown thereon or already establish-
ed.
(d) Recording of Subdivision Plats. Whenever any
person, as defined herein, shall subdivide any tract
of land within the Limits of the City of Dubuque, or
within one mile of the Limits of the City of Dubuque,
into three (3) or more parcels, he shall record a plat
thereof in the Office of the County Recorder of
Dubuque County, Iowa, which plat shall first have
been prepared and approved in conformity with the
provisions of this Ordinance.
Section 2. Streets, Alleys, and Easements.
(a) Street widths. The minimum width of right of
way for a main traffic thoroughfare in a residence
subdivision shall be sixty-four (64) feet; for a second-
ary traffic thoroughfare sixty (60) feet; and for a
minor street fifty (50) feet;
The minimum width of right of way for a cul-de-
sac shall be fifty (50) feet, except that upon written
permission of the Commission the width may be re-
duced to a specified width not less than forty (40) feet.
(b) Street 'Intersections. Intersecting streets shall
meet at right angles (90, degrees) whenever possible.
(c) Street alignment. Thorough -fares shall be con-
tinued in as direct alignment as topography and other
conditions permit.
Minor streets shall conform to the prevailing
topography of the subdivision.
(d) Street Grades. The minimum gradient for all
streets shall be one-half (1/2) per cent. The maximum
gradient for Major Traffic Thoroughfares shall be
eight (8) per cent; for Secondary Traffic Thorough-
fares ten (10) per cent; and for Minor Streets fifteen
(15) per cent. A variation from this requirement may
95
be made to meet the existing conditions of topo-
graphy by the Commission on approval of the City
Manager.
(e) Cul-de-sac. The minimum radius to the street
line of a turn -around at the terminus of the street shall
be fifty (50) feet.
(f) Alleys. Alleys shall not be permitted in a
residential subdivision except where special condi-
tions require. When permitted, alleys shall have a
minimum width of twenty (20) feet.
(g) Adjoining Street Systems, Relation to. All
proposed thoroughfares and streets shall be continu-
ous and in alignment with existing thoroughfares
and streets, and of the same or greater width. When
conditions permit, Main Traffic Thoroughfares shall
abut subdivisions and not pass through them.
(h) Names of Streets. Streets that are in alignment
with existing or platted streets, or essentially so, shall
bear the names of the existing streets. Names for
new streets shall not duplicate in spelling, or sound
phonetically similar to existing street names in the
City of Dubuque. Street names shall be approved
by the Commission and City Council.
(i) Easements. Easements shall be provided as
the Commission shall determine necessary for public
utilities requirements, including storm and sanitary
sewers.
Section 3 — Blocks.
(a) Length. The maximum length of blocks on
a thoroughfare shall be fifteen hundred (1500) feet.
The maximum length of blocks on a Minor street
shall be seven hundred and fifty (750) feet.
(b) Width. The minimum width of blocks shall be
two hundred (200) feet. Ordinarily each block shall
contain two tiers of lots.
(c) Numbering. All blocks shall be numbered for
identification.
Section 4 — Lots.
(a) Area and Dimensions. The minimum area
and dimensions for lots shall conform to the ap-
plicable requirements of the Area Regulations of
the Zoning Ordinance, but the minimum lot frontage
shall be sixty (60) feet for interior lots and seventy (70)
feet for corner lots. All lots shall front on a public
street. Lots with double frontage shall not be permit-
ted. Triangular lots shall be avoided whenever
possible.
(b) Lot Lines. In all rectangular lots, and in so
far as practical in all other -shaped lots, the side lot
lines shall be geometrical normal to the street on
which the lot fronts.
(c) Numbering. All lots shall be numbered
systematically for proper identification.
(c) Remnant Lots. In cases where irregularity of
ownership or street lines would produce remnant lots,
the area of which would be less than the minimum
area required by the Zoning Ordinance, such areas
shall be added to adjoining lots.
Section 5 — Parks, Playgrounds, and Schools.
(a) Dedication of Sites. In subdividing property
due consideration shall be given by the Subdivider
96
to the dedication of suitable sites for parks, play-
grounds, and schools, so as to conform, as nearly
as possible, to the recommendations of the City Plan
and the needs of the City and the adjacent area. Such
provision shall be indicated on the preliminary plat
in order that it may be determined when, whether,
and in what manner such sites will be dedicated to
the public.
Section 6 — Exceptional Sized Lots.
(a) When the tract is subdivided into larger par-
cels than the usual building lots, such tract shall be
divided so as to allow for the opening of major
streets and the ultimate extension of minor streets;
and such parcels shall be multiples, in area, of units
not less than the lot areas required by the Zoning
Ordinance.
Section 7 — Modification of Requirements.
(a) Where special instances require, the City
Council and the Commission may modify the re-
quirements of Sections 2, 3, and 4 of this Article II,
provided the modification carries out the intent and
purposes of this Ordinance, as stated in the Preamble.
Section 8 — Installation of Improvements.
(a) Improvements shall be installed by the Sub-
divider in accordance with applicable standard
specifications of the City of Dubuque and the Iowa
State Department of Health.
(b) Each corner of each lot shall be marked by
the Subdivider with a suitable iron stake or pipe.
ARTICLE III
Preliminary Plats
Section 1 — General.
(a) Purpose. The preliminary plat shall inform the
Commission of the intentions of the Subdivider in the
layout of the subdivision and of the specific problems
connected therewith, and to provide the basis of an
examination of the design of the subdivision and of
the conformance of the plat to the City Plan and
the requirements of the Zoning Ordinance.
(b) Submission of Preliminary Plat to Commission,
Where the Subdivider proposes to dedicate streets,
roads, alleys, or other lands for public use, he shall
submit six (6) copies of the Preliminary Plat to the
Commission for tentative approval prior to -the com-
pletion of final surveys of streets and lots and before
starting any grading or construction work upon pro-
posed streets, and before any Final Plat of the sub-
division is made.
(c) Power of the Commission. The Commission
shall have the power to approve, approve tentatively,
or to disapprove any Preliminary Plat and shall trans-
mit its findings, in writing, to the Subdivider.
(d) Duration of an Approval of Preliminary Plat.
The approval of the Preliminary Plat by the Commis-
sion does not constitute an acceptance of the sub-
division but only approval of the basic design of the
subdivision and its conformity to the City Plan and
the Zoning Ordinance. The Preliminary Plat shall be
valid for a period of one hundred and twenty (120)
days.
a�
111
(e) Exemption from filing a Preliminary Plat.
Where the Subdivider does not propose to dedicate
land for streets, alleys, or other public uses (except
easements for public utilities requirements, including
storm and sanitary sewers) a Preliminary Plat is not
required.
Section 2 — Drafting.
Preliminary plats shall be drawn:
(a) On sheets 81/2 x 133/4 inches in size, or in
multiples thereof.
(b) A standard engineering scales.
(c) Showing true north point, scales used, and
date of completion of the Preliminary Plat.
(d) With a Title accurately and clearly indicating
the Name of the Subdivision; the Names of the
Owners, and Subdivider; and the Names of the Civil
Engineer, or Land Surveyor platting the tract.
Section 3 — Information to be Shown.
Preliminary Plats shall show:
a) The true boundary lines of land being sub-
divided.
(b) Intersecting boundary lines of adjacent pro-
perty and names of Owners.
(c) Municipal, County and Section Lines when
intersecting the property.
(d) Topography of the tract being subdivided,
with contours of two (2) foot intervals, based on City
datum.
(e) Location, width, and names of all existing or
platted streets, other public ways, and platted or
recorded easements within or adjacent three hundred
feet (300') to the tract, and existing permanent build-
ings, public property, railroad rights of way, and
any other important features.
(f) Location of existing water mains, sewers,
drains, gas lines, and any other underground facilities
with their sizes and location of electric lines, culverts,
and bridges within the property and adjacent one
hundred feet (100') to the tract.
(g) The proposed layout, location, and dimensions
of streets, alleys, blocks, lots, easements, and areas
to be dedicated for parks, playgrounds, and schools.
(h) Preliminary plan and profiles of each proposed
street on the center line of the roadway, with pro-
posed grades.
(i) Cross sections of the types of proposed streets
showing width of right of way, and roadway, lo-
cation and width of proposed sidewalks, and the
location and size of utility mains.
(j) Preliminary location and tentative profiles of
proposed sanitary and storm sewers, with gradients
and pipe sizes.
(k) Preliminary location of proposed water distri-
bution system showing pipe sizes, valves and fire
hydrants.
(1) The information required under subsections (b),
(e), and (f) of this Section, relating to adjacent property
may be shown on a separate drawing, entitled
Vicinity Map, accompanying the Preliminary Plat
and properly certified.
(m) The information required under sub -sections
(d), (f), (h), (i), (j), and (k) of this Section shall be shown
on separate drawings accompanying the Preliminary
Plat and properly certified.
(n) Items (a) to (f) shall be prepared by a registered
Engineer, or Surveyor; and Items (h) to (k) shall be
prepared by a registered Engineer. The drawings
prepared by an Engineer or Surveyor shall bear his
official registration seal.
ARTICLE IV
Final Plats
Section 1 — General.
(a) Purpose.
The purpose of the Final Plat is to provide a per-
manent record plan of the subdivision as built, for
filing with the County Recorder.
(b) Submission of the Final Plat to the Commission.
The Subdivider shall file the original drawings
and three (3) copies of the Final Plat with the Secret-
ary of the Commission for approval and the Commis-
sion shall have forty-five (45) days to act upon the
same.
(c) Examination of Final Plat by the Commission.
All Final Plats shall be examined by the Com-
mission to determine that the same conforms to the
State statutes and the subdivision regulations relat-
ing to plats within the City and within one (1) mile
of the Limits of the City of Dubuque, and whether
streets, alleys, parks, playgrounds, and other public
places conform to the city plan, conduce to an orderly
development, do not conflict or interfere with rights
of way or extensions of streets, roads, and alleys al-
ready established, or otherwise interfere with the
carrying out of the City Plan or the Zoning Ordinance.
(d) Power of the Commission.
The Commission shall have the power to approve,
approve conditionally, or to disapprove any Final
Plat.
If the Commission approves the Final Plat it shall
endorse its approval upon the original drawing and
shall submit the same to the City Council for ap-
proval.
If the Commission approves a Final Plat with
conditions, or disapproves a Final Plat, it shall trans-
mit its findings to the Subdivider and the Subdivider
shall not resubmit the Final Plat until all conditions
or limitations shall have been corrected.
Section 2 — Drafting.
Finals Plats and Profiles shall be drawn:
(a) On sheets 81/2 x 133/4 inches in size or in
multiples thereof.
(b) At standard engineering scales —
Horizontal scales, 1 inch equals 40, 50, 60, or 100
feet.
Verticle scales, 1 inch equal 4 or 8 feet, or 1 inch
equals 10 feet.
(c) Showing true north point, scales used, and
date of completion of the final plat.
(d) With a Title accurately and clearly indicating
the Name under which the Subdivision is to be record-
ed; the Names of the Owners, and Subdivider; and
97
the Names of the Civil Engineer, or Land Surveyor
platting the tract.
Section 3 — Information to be shown.
Final Plats and Profiles shall show:
(a) Boundaries of the subdivision with accurate
dimensions and bearings, and the location and
description of all monuments.
(b) Municipal, County, and section lines when
intersecting the property.
(c) Location, width, and names of all existing or
platted streets, or other public ways, and easements
within and adjacent forty (40) feet to the tract.
(d) Location, and accurate dimensions of all pro-
posed streets, alleys, blocks, lot lines, easements and
areas to be dedicated for parks, playgrounds, and
schools.
(e) Plans and profiles of each proposed and
established street, road, or alley on the center line
of the roadway.
(f) Plans and profiles of all proposed sanitary
and storm sewers with gradients and pipe sizes.
(g) Plan and profiles of proposed water distribu-
tion system, showing pipe sizes and the location of
all valves and fire hydrants.
(h) All radii, chords, points of curvature, points
of tangency, bearings of tangents, central angles,
and length and degree of curves.
(i) Names of all streets.
(j) Block and lot numbers.
(k) Description of property subdivided showing
location and extent.
(1) The information required under sub -sections
(e), (f), (g), and (h) of this Section shall be shown
on separate drawings accompanying the Final Plat
and properly certified.
(m) Items (a) to (e) shall be prepared by a register-
ed Surveyor and Items (f) to (k) shall be prepared by
a registered Engineer. In both instances the drawings
shall bear the official registration seal of the Surveyor
or Engineer.
(n) Where the Subdivider does not propose to
dedicate land for streets, alleys, or other public
uses (except easements for utilities) the information
required by sub-secitons (d), (e), (f), (g), and (h) of
this section shall not be required.
Section 4 — Certificates to accompany Submis-
sion to City Council.
(a) Dedication — Title — Incumbrance. When
the approval of the Commission has been endorsed
upon a Final Plat the Commission shall submit the
Final Plat to the City Council for approval. In addi-
tion to the information required by Sections 1, 2, and
endorsed thereon, the Final Plat when submitted to
endorsed thereon, the Final Plat whe nsubmitted to
the City Council shall:
(1) Have attached thereto a dedicatory certificate
executed by the Owners.
(2) Have attached thereto the opinion of a quali-
fied attorney at law dated as of the date of the sub-
mission to the City Council, certifying that the title
to the land platted is in the persons signing as own-
ers, free and clear of all liens or incumbrances.
98
Section 5 — Installation of Improvements .... Se-
curity for Installation and Maintenance.
(a) As a condition to the approval of the Final
Plat of property within City Limits the City Council
may require the Subdivider to bring any streets,
roads, and alleys to a grade as shown by the profiles
attached to the Final Plat and to install improve-
ments shown on the Plat and supporting documents,
together with such other improvements as the City
Council determine necessary and authorized by law.
The City Council may further require the Subdivider
to provide securtiy for the maintenance of such im-
provements or to provide security, guaranteeing the
installation of such improvements within a fixed
time and maintenance thereafter and approve the
Final Plat conditioned upon receipt of such secuirty.
ARTICLE V
Permits
Section 1 — Building or Repair Permits.
(a) The Building Commissioner shall not issue
building or repair permits for any structure on a lot
in a subdivision, the plat of which was recorded after
November 20, 1956 in violation of this Ordinance.
Section 2 — Permit for Installation of a Septic
Tank.
(a) The City Health Officer shall not issue a permit
for the installation of a septic tank upon any lot in
a subdivision for which a plat has been recorded
after November 20, 1956, in violation of this Ordi-
nance.
ARTICLE VI
Legality of Ordinance or Parts Thereof
The invalidity of any section or part hereof shall
not be deemed to invalidate any other section or
part hereof.
ARTICLE VII
Ordinance No. 23-45 of the City of Dubuque
hereby repealed.
is
ARTICLE VIII
This Ordinance shall be known as the "Sub-
divison Regulations of the City of Dubuque, Iowa."
ARTICLE IX
Effective Date
This Ordinance shall be in force and of effect
from and after its final passage, adoption and ap-
proval of the City Council and publication as pro-
vided by law.
Passed by recorded roll -call vote, adopted and
approved this 20th day of December, 1957.
CHARLES E. DOVE, Mayor
CLARENCE P. WELU
LEO N. SCHUELLER
CHARLES A. KINTZINGER, Councilmen
Published officially in The Telegraph -Herald
Newspaper this 30th day of December, 1957.
Chapter
I GENERAL ADMINISTRATION
Table of Contents
Ord. 16-52 - Providing for government by proclamation in event of
Ord. 6-54 - Exempting certain Agricultural Lands from City taxes
Ord. 51-56 - Establishing General Assessment Fund
ELECTIONS
1
emergency 1
1
Ord. 7-52 - Establishing a single ward and defining boundaries of precincts
Ord. 37-56 Annexing Certain Territory
OFFICERS AND EMPLOYEES
Ord. 37-52 - An ordainance repealing No. 36-52
Ord. 43-55 - Providing for the appointment of a Deputy City Clerk
PUBLIC WORKS
Ord. 3-55 - Establishing water rates
Ord. 35-57 - Establishing Sewer Service Charge
Ord. 41-57 - Regulating Use of Waterfront
Ord. Special Dock Board Ordinance 1-57
Ord. 61-57 - Designating Municipal Parking Lots and Establishing Rates
PARKS AND PLAYGROUNDS
Ord._41-54 - Delineating responsibilities of Park Board and Recreation Commission; establishing
Flora Park; and putting Allison -Henderson Memorial Park under Park Board
STREETS AND SIDEWALKS
Ord. 45-51 - Excavations in streets and sidewalks
Ord. 51-51 - Requiring removal of snow from sidewalks
Ord. 9-52 - Changing names of 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
Ord. 33-52 - Changing street name to Sunnyview Drive
Ord. 20-52 - Widening and naming Fairway Drive
Ord. 2-53 - Providing for the construction and repair of sidewalks in the City
Ord. 44-53 - Accepting and naming Chaney Road
Ord. 45-53 - Extending Green Street
Ord. 69-53 - Changing street name to Indian Ridge
Ord. 3-54 - Changing street name to Julien Dubuque Drive
Ord. 5-54 - Extending Victoria Street and naming Diane Court
Ord. 9-54 - Extending York Street
Ord. 36-54 - Changing name of street to River Ridge
Ord. 4-55 - Extending Kaufmann Avenue
Ord. 5-55 - Naming Bissell Lane
Ord. 18-55 - Changing names of streets in Falk Subdivision
Ord. 50-55 - Changing name of street to Clarke Drive
Ord. 3-56 - Extending Cleveland Avenue
Ord. 42-56 - Establishing Merfeld Lane and Montana Street
Ord. 46-56 - Extending Sullivan Street
Ord. 54-56 - Extending West Ninth Street
Ord. 59-56 - Naming Kerrigan Road
Ord. 14-57 - Extending Grandview Avenue
Ord. 62-57 - Regulating Curb Cuts
VII PUBLIC MARKET
Ord. 23-52 - Establishing Central Market and regulating display of food elsewhere in City 24
2
2
6
8
8
8
9
9
12
12
13
14
14
15
15
16
16
16
16
17
18
18
18
18
18
19
19
19
19
19
20
20
2.0
20
21
21
21
22
24
VIII PUBLIC HEALTH
Ord. 15-52 - Amending Milk Ordinance
Ord. 17-52 - Prohibiting unauthorized persons from entering flood areas
Ord. 38-53 - Regulating collection and storage of refuse and garbage
Ord. 39-53 - Exacting compliance with U.S. Model Milk Ordinance
Ord. 2-55 - Amending Milk Ordinance
Ord. 58-55 - Amending Restaurant Ordinance
Ord. 41-56 - Amending Milk Ordinance
Ord. 39-57 - Regulating Sewage
25
25
26
26
27
27
28
28
28
99
Chapter
IX ANIMALS
Ord. 10-53 - Dog Ordinance 31
Ord. 34-57 - Prohibiting the Sale of Baby Chicks, etc. 32
X REGULATING CERTAIN BUSINESSES 34
Ord. 31-52 - Regulating Service Stations and Storage and Transport of Flammable Liquids 34
Or'd. 52-55 - Business Licenses 36
Ord. 53-55 - Regulating and Licensing Auctions and Auctioneers 37
Ord. 54-55 - Regulating Peddlers, and Transient Merchants 38
Ord. 55-55 - Regulating Junk Dealers, Junk Collectors, Auto Salvage Dealers and Pawnbrokers 39
Ord. 57-55 - Licensing Fortune Tellers 40
Ord. 59-55 - Providing for license for roller skating rink 41
XI BEER ORDINANCE 42
Ord. 43-53 - Amending Beer Ordinance by changing permit fees 42
Ord. 26-55 - Amending Beer Ordinance Regulating location of taverns 42
XII NUISANCES
Ord. 59-51 - Weed and brush Ordinance
31
43
43
XIII OFFENSES AGAINST PUBLIC MORALS
No new Ordinances
XIV PUBLIC SAFETY 44
Ord. 5-52 - Establishing sleighriding areas .._. 44
Ord. 36-55 - Prohibiting smoking in certain public places 44
Ord. 33-56 - Amending bicycle Ordinance 45
XV PUBLIC SERVICE COMPANIES 46
Ord. 39-51 - Prohibiting blocking railroad crossings 46
Ord. 56-51 - Establishing electric rates 46
Ord. 57-53 - Establishing bus fares 51
Ord. 68-53 - Establishing bus routes 52
Ord..58-54 - Community Television Franchise ... 53
Ord. 33-57 - Regulating Taxicabs 56
Ord. 50-57 - Establishing Gas rates 58
XVI TRAFFIC REGULATIONS 61
(See Text)
XVII BUILDINGS 70
Ord. 35-52 - Providing for condemnation of dangerous buildings 70
Ord. 42-54 - Gas Installations 70
Ord. 21-55 - Plumbing Ordinance 75
Ord. 38-55 - Construction of Septic Tanks 78
XVIII ZONING AND PLATTING 80
Ord. 57-51 - Trailers and Trailer Courts 80
Ord. 47-51 - Changing Zoning Map 81
Ord. 64-51 - Changing Zoning Map 81
Joint Res. No. 52-52 - Airport Zoning Ordinance 81
Ord. 13-52 - Changing Zoning Map 84
Ord. 24-52 - Changing Zoning Map 85
Ord. 25-52 - Changing Zoning Map 85
Ord. 32-52 - Changing Zoning Map 86
Ord. 34-52 - Changing Zoning Map 86
Ord. 3-52 - Changing Zoning Map 86
Ord. 11-53 - Changing Zoning Map 86
Ord. 40-53 - Amending Zoning Ordinance to provide for professional offices in prescribed area
Ord. 44-54 - Regulating non-confoiiuing uses 86
Ord. 46-64 - Changing Zoning Map 87
Ord. 49-54 - Changing Zoning Map 87
Ord. 25-55 - Establishing Local Business Districts A and B 88
Ord. 27-55 - Changing Zoning Map 89
Ord. 37-55 - Changing Zoning Map 90
100
XVIII Continued 90
Ord. 44-55 - Changing Zoning Map 90
Ord. 51-55 - Changing Zoning Map 90
Ord. 67-55 - Changing Zoning Map 91
Ord. 11-56 - Changing Zoning Map 91
Ord. 12-56 - Changing Zoning Map
Ord. 44-56 - Changing Zoning Map 91
Ord. 45-56 - Changing Article IV Sec. 1(j) 92
Ord. 15-57 - Changing Zoning Map 93
Ord. 27-57 - Changing Zoning Map 93
Ord. 44-57 - Changing Zoning Map 93
Ord. 65-57 - New Subdivision Ordinance 95
101