Request for Ordinance Modification- City Code 4-6A Pawnbrokers and Secondhand Dealers: Junk and Auto Salvage Dealers, Article A. Pawnbrokers and Secondhand DealersCity of Dubuque
City Council
ACTION ITEMS # 4.
Copyrighted
September 8, 2026
ITEM TITLE: Request for Ordinance Modification- City Code 4-6A
Pawnbrokers and Secondhand Dealers: Junk and Auto
Salvage Dealers, Article A. Pawnbrokers and Secondhand
Dealers
SUMMARY: City Manager recommending City Council adopt an
amendment to the City of Dubuque Code of Ordinances
Section 4-6A, which adds the definition of a "Claimant" and
aligns the process of recovering misappropriated property
with Iowa Code.
ORDINANCE Amending City Of Dubuque Code Of
Ordinances Title 4 Business And License Regulations,
Chapter 6 Pawnbrokers And Secondhand Dealers; Junk And
Auto Salvage Dealers, Article A. Pawnbrokers And
Secondhand Dealers
SUGGUESTED Receive and File; Motion B; Motion A
DISPOSITION:
ATTACHMENTS:
1. MVM Memo Request for Ordinance Modification- City Code 4-6A Pawnbrokers and
Secondhand Dealers Junk and Auto Salvage Dealers
2. Staff Memo
3. Ordinance
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Request for Ordinance Modification- City Code 4-6A Pawnbrokers and
Secondhand Dealers: Junk and Auto Salvage Dealers, Article A.
Pawnbrokers and Secondhand Dealers
DATE: August 31, 2026
Chief of Police Joe Messerich is recommending City Council adopt an amendment to
the City of Dubuque Code of Ordinances Section 4-6A, which adds the definition of a
"Claimant" and aligns the process of recovering misappropriated property with Iowa
Code.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Joe Messerich, Chief of Police
Police Department
Dubuque
Dubuque Law Enforcement Center
THE CF
770 Iowa Street
All -America City
DUjB1I11
P.O. Box 875
Dubuque, 5
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9-4410875
Office (563) 589-4410
3)
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Fax (563) 589-4497
Masterpiece on the MiSSISSippi 2017*2019
TTY (563) 583-1711
E-mail: police@cityofdubuque.org
www.cityofdubuque.org
TO: Michael C. Van Milligen, City Manager
FROM: Joe Messerich, Chief of Police
DATE: August 30, 2026
RE: Request for Ordinance Modification- City Code 4-6A Pawnbrokers and
Secondhand Dealers: Junk and Auto Salvage Dealers, Article A.
Pawnbrokers and Secondhand Dealers
Purpose
This memo outlines the rationale for a proposed amendment to City of Dubuque Code
of Ordinances Section 4-6A, which adds the definition of a "Claimant" and aligns the
process of recovering misappropriated property with Iowa Code.
Background
The current language in City Code 4-6A-13B that governs misappropriated property
possessed by pawnbrokers is outdated and is no longer consistent with Iowa Code or
the current practice employed by the police department.
Section 4-6A-13B currently provides that police may seize, with proper seizure notice,
or require the licensee to hold property police have probable cause to believe is stolen;
that if police have not seized or picked up the property within thirty days from notice to
the licensee, the licensee may dispose of the property; and that the licensee may
petition the court at the conclusion of any criminal investigation or proceeding for return
of any unclaimed merchandise confiscated from its possession.
Given that procedure, the parts of Section 4-6A-13(B) allowing disposal of the property
after thirty days and tying return of the property to the conclusion of a criminal
investigation or proceeding conflict with Iowa Code Section 714.28, which instead
provides for resolution of the possession issue between the claimant and the
pawnbroker, and small claims court if necessary.
Iowa Code 714.28 sets out the following procedure: the claimant must notify the
pawnbroker by certified mail or in person with a signed receipt, include a complete
description of the property, and provide a legible copy of the applicable police report. If
the claimant and pawnbroker do not resolve the right to possession within ten days after
1 of 3
the pawnbroker receives notice, the claimant may file in small claims court. Once the
pawnbroker is served, the pawnbroker must hold the property until the right to
possession is resolved by the parties or the court.
Discussion
This ordinance modification removes Section 4-6A-13B and adds Section 4-6A-14,
which reads as follows:
4-6A-14: Misappropriated Property
If allegedly misappropriated property remains in the possession of a pawnbroker,
the claimant and pawnbroker shall proceed under Iowa Code Section 714.28,
including the notice and small -claims procedures set forth therein.
This modification also adds the definition of "Claimant" to Section 4-6A-1: Definitions.
Recommendation
Review and adopt the attached ordinance.
cc: Crenna Brumwell, City Attorney
2 of 3
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street, Suite 330, Dubuque, IA 52001 (563) 589-4113
ORDINANCE NO. 35 - 26
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND
LICENSE REGULATIONS, CHAPTER 6 PAWNBROKERS AND SECONDHAND
DEALERS; JUNK AND AUTO SALVAGE DEALERS, ARTICLE A. PAWNBROKERS
AND SECONDHAND DEALERS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Section 4-6A-1 of the City of Dubuque Code of Ordinances is hereby
amended by adding there for the following new definition:
4-6A-1: DEFINITIONS:
CLAIMANT: Any Person who claims that the person's property was misappropriated.
Section 2. Section 4-6A-13 of the City of Dubuque Code of Ordinances is hereby
amended to remove subsection B.
4-6A-13: INSPECTION:
The licensee must, during business hours, permit a duly authorized police officer
to inspect the entire premises covered by the license, including all records that may have
any relationship to the operation of the business.
Section 3. City of Dubuque Code of Ordinances Section 4-6A is amended by
adding thereto the following new Section 4-6A-14:
4-6A-14: MISAPPROPRIATED PROPERTY:
If allegedly misappropriated property remains in the possession of a pawnbroker,
the claimant and pawnbroker shall proceed under Iowa Code Section 714.28, including
the notice and small -claims procedures set forth therein.
Section 4. Effective Date. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 8th day of September, 2026,
Brad Cava Mayor
Attest:
17
Adrienne Breitfelder, City Clerk
EFFECT OF AMENDMENT
4-6A-1: Definitions:
CLAIMANT: Any person who claims that the person's property was misappropriated.
4-6A-13: INSPECTION:
A. The licensee must, during business hours, permit a duly authorized police officer
to inspect the entire premises covered by the license, including all records that may
have any relationship to the operation of the business.
.. .
. .. _ ...
4-6A-14: MISAPPROPRIATED PROPERTY:
If allegedly misappropriated property remains in the possession of a pawnbroker,
the claimant and pawnbroker shall proceed under Iowa Code Section 714.28, including
the notice and small -claims procedures set forth therein.
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
09/11/2026
and for which the charge is 20.02
.4.(6
Subscribed to before me, a Notary Pu 'c in and for
Dubuque County, Iowa,
this 11th day of September, 2026
Notary Purii.
in and for Dubuque County, Iowa.
Q•%A 1.
OP s
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how °'
JANET K. PAPE
Commission Number 199659
My Commission Expires
12/11 / 2028
Ad text :
CITY OF DUBUQUE
OFFICIAL PUBLICATION
ORDINANCE NO. 35-26
SUMMARY
THE FOLLOWING DESCRIPTION OF THE ORDINANCE IS A SUMMARY. THE
ORDINANCE IN ITS ENTIRETY IS ON FILE IN THE OFFICE OF THE CITY
CLERK, 50 W. 13TH STREET, DUBUQUE AND MAY BE VIEWED DURING
NORMAL BUSINESS HOURS OF 8:00 AM to 5:00 PM MONDAY TO FRIDAY.
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 6 PAWNBROKERS AND SECONDHAND
DEALERS; JUNK AND AUTO SALVAGE DEALERS, ARTICLE A. PAWNBROKERS
AND SECONDHAND DEALERS
The ordinance removes Section 4-6A-13B and adds Section
4-6A-14 on misappropriated property, outlining the process to
follow when allegedly misappropriated property remains in a
pawnbrokers possession.
This ordinance shall take effect upon publication.
Passed, approved, and adopted this 8th day of September,
2026.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 1 lth day of September, 2026.
/s/Adrienne N. Breitfelder, City Clerk
It 9/11