Supplement No. 18 - Code of Ordinances - June, 2015STERLING CODIFIERS
3906 Schreiber Way
Coeur d'Alene, ID ` 83815
(208) 665-7193
15
INSTRUCTION° SHEET:
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UN
6A
C1ek`s Office
Dubuque, IA
DUBUQUE, Iowa
Supplement No. 18/June, 2015
Includes Ordinances: 1-15 through 8-15, 11-15, 12-15,
26-15, 27-15 and 28-15
VOLUME
INSERT NEW PAGE HEADED
Preface Preface
TABLE OF CONTENTS:
Title 9 (cont.), Impoundment Of Vehicles
Title 9 (cont.), Impoundment Of Vehicles
TITLE 1:
1-4-1,Chapter 4, General Penalty 1-4-1, Chapter 4, General Penalty
TITLE 3:
3-2-1, Chapter 2, Revitalization Areas
3-2-9 B. The Cathedral urban revitalization
TITLE 6:
6-8-1, Chapter 8, Trees And Weeds
TITLE 9:
9-11-321.372, Chapter 11, School Buses
TITLE 10:
10 -5B -1, -Chapter 5, Article B. Use
and following two pages
10-5B-22, Washington Park
TITLE 11:
Title 11, Rights Of Way
11-4-20, 11-4-20: Cure Of Defaults: If either
and following six pages
VOLUME II
3-2-1, Chapter 2, Revitalization Areas
3-2-9, B. The Cathedral urban revitalization
6-8-1, Chapter 8, Trees And Weeds
9-11-321.372, Chapter 11, School Buses
and following page
10-5B-1, Chapter5, Article B. Use
and following two pages
10-5B-22, Washington Park
Title 11, Rights Of Way
11-4-20, 11-4-20: Cure Of,Defaults: If, either
and :following six pages
TABLE OF CONTENTS:
Title,9 (cont.), Impoundment Of Vehicles Title 9 (cont.), Impoundment Of Vehicles
REMOVE PAGE HEADED
TITLE t14:
14-1D-1, Chapter 1, Article D. Electrical Code
14-1D-2, This code shall not be construed to
and following page
14-1D-2, 83-10. Suspension Of Permit
and following two pages
TITLE 16:
16-11-2, C. Southwest Arterial Corridor`,,
INDEX:
- B-, Bicycles (cont.)
- E-, Elections, Precincts And Wards (cont.)
-M-, Motor Vehicles And..., Residential Parking
and following four pages
INSERT NEW PAGE HEADED
14-1D-1, Chapter 1, Article D. Electrical Code
14-1D-2, This code shall not be construed to
14-1D-2, 83-10. Suspension Of Permit
and following four pages
16-11-2
C. Southwest Arterial Corridor
- B-, Bicycles (cont.)
- E-, Elections, Precincts And Wards (cont.).
-M-, Motor Vehicles And..., Residential Parking
and following five pages
PREFACE
This city code of the city of Dubuque, as supple-
mented, contains ordinances up to and including
ordinance 66-14, passed November 17, 2014.
Ordinances of the city adopted after said ordi-
nance supersede the provisions of this city code
to the extent that they are in conflict or incon-
sistent therewith. Consult the city office in order to
ascertain whether any particular provision of the
code has been amended, superseded or repealed.
Sterling Codifiers
Coeur d'Alene, Idaho
January 2015
City of Dubuque
TITLE 9 (cont.)
Impoundment Of Vehicles 15
Miscellaneous City Provisions . 16
TITLE 10
Public Ways And Property
Streets, Sidewalks And Other
Public Places 1
Excavations 2
Encroachments On Public Places 3
Waste Collection Receptacles 3A
Newsracks 3B
Projecting Signs 3C
Other Encroachments 3D
Sidewalk Cafes 3E
Mailboxes 3F
Parades, Assemblies And
Special Events 4
Parks And Recreation 5
Administration 5A
Use Regulations 5B
Specific Parks, Open Spaces
And Trails 5C
Railroads 6
Boata, Boating And Waterfront
Structures 7
Valet Drop Off Parking;
Permit Requirements 8
TITLE 11
Rights Of Way
Nonfranchised Communications
Systems
Cable Right Of Way Regulations
Cable Communications
Open Video Systems
Cable Television
Cable Franchise Agreement . .
Community Teleprogramming
Commission (Rep. by
Ord. 5-12, 2-6-2012) 3B
Cable Regulatory Commission
(Rep. by Ord. 5-12, 2-5-2012) 3C
Rates And General
Regulations 3D
Cable Services Customer
Service Standards 3E
Gas Franchise 4
Electric Franchises 5
Interstate Power Company 5A
Maquoketa Valley Electric
Cooperative 5B
Procedure For Licensing
Electric Transmission
Line Companies 6
TITLE 12
Airport
Administration And Enforcement 1
General Regulations 2
Airport Zoning Regulations 3
Airport Commission 4
Airport Zoning Commission 5
Airport Zoning Board Of
Adjustment 6
TITLE 13
Public Utilities
Water Use And Service 1
Connections 1A
Water Meters 1B
1 Rates 10
. 2 Cross Connection Control 1[}
2A Sewers And Sewage Disposal . . 2
2B Discharge Regulations 2A
3 Private Disposal Systems;
. 3A Private Haulers 2B
City of Dubuque
November 2014
TITLE 13 (cont.)
Rates
Industrial Pretreatment
Program
Fats, Oils And Greases
(FOG) Program
Gas Main Connections
Stormwater Management
Illicit Connections And
Discharges To Storm Sewer
System 5
Solid Waste 6
City Or Private Collection
Service 6A
Signs (Rep. by Ord. 52-09,
10-19-2009) 10
2C Flood Areas 11
Erosion And Sediment Control 12
2D Solar Thermal Licenses 13
Solar Thermal System Permits
2E And Inspections 14
3
4
TITLE 14
Building And Development
Building Codes
Building Code And Regulations
Residential Code
Energy Conservation Code ..
Electrical Code
Fire Code And Regulations .. .
Mechanical Code
Fuel Gas Code
Plumbing Code
Accessibility Code For Readily
Achievable Changes
Building Construction, Demoli-
tion And Moving
Dangerous Buildings
Licensing Of Vacant And/Or
Abandoned Buildings
Historic Buildings
Historic Preservation (Rep. by
Ord. 52-09, 10-19-2009)
Condominium Conversions And
Transfers To Multiple
Housing Cooperative
Exterior Storage Containers
And Storage Trailers 8
Swimming Pools 9
TITLE 15
Planning And Zoning
Comprehensive Plan 1
Long Range Planning Advisory
Commission 2
TITLE 16
Unified Development Code
1
1A PART I. GENERAL PROVISIONS
1B
1C Title, Purpose And General
1D Provisions 1
1 E Definitions 2
1F
1G PART II. LAND USE REGULATIONS
1H
Land Use General Provisions 3
11 Nonconformities 4
Zoning Districts 5
2 Overlay Districts 6
3 Supplemental Use Regulations 7
Zoning Board Of Adjustment
4 Applications And Procedures 8
5 Zoning Advisory Commission
Applications And Procedures 9
6 Historic Preservation Commission
Applications And Procedures ... 10
7 PART III. LAND DEVELOPMENT
November 2014
REGULATIONS
Land Subdivision 11
City of Dubuque
1-4-1 1-4-2
SECTION:
1-4-1:
1-4-2:
CHAPTER 4
GENERAL PENALTY
General Penalty
Civil Penalty
1-4-1: GENERAL PENALTY: The doing of any act prohibited or
declared to be unlawful, an offense, or a misdemeanor by this
code or any ordinance or code herein adopted by reference, or the
omission or failure to perform any act or duty required by this code or any
ordinance or code herein adopted by reference is, unless another penalty is
specified, punishable in accordance with Iowa Code section 903.1,
subsection 1, paragraph a. (Ord. 35-09, 7-6-2009)
1-4-2: CIVIL PENALTY:
A. Definitions:
MUNICIPAL Except those provisions specifically provided
INFRACTION: under state law as a felony, an aggravated
misdemeanor, or a serious misdemeanor or a
simple misdemeanor under chapters 687
through 747 of the code of Iowa, the doing of
any act prohibited or declared to be unlawful, an
offense or a misdemeanor by this code, or any
ordinance or code herein adopted by reference,
or omission or failure to perform any act or duty
required by this code, or any ordinance or code
herein adopted by reference, is a "municipal
infraction" and is punishable by civil penalty as
provided herein.
OFFICER: Any employee or official authorized to enforce
the code of ordinances of the city of Dubuque.
October 2009
City of Dubuque
1-4-2 1-4-2
REPEAT A recurring violation of the same section of the
OFFENSE: code of ordinances. (2007 Code § 1-15)
B. Penalties:
1. A municipal infraction is punishable by a civil penalty as provided
in the following schedule, unless a specific schedule of civil penalties
is provided for specific offenses elsewhere in this code:
SCHEDULE OF CIVIL PENALTIES
First offense Not to exceed $750.00
All other repeated offenses Not to exceed $1,000.00
2. Each day that a violation occurs or is permitted to exist by the
violator constitutes a separate offense.
3. Seeking a civil penalty as authorized in this chapter does not
preclude the city from seeking alternative relief from the court in the
same action as provided in the code of Iowa. (Ord. 60-06, 9-5-2006;
amd. 2007 Code § 1-16)
C. Civil Citations:
1. Any officer authorized by the city manager may issue a civil
citation to a person who commits a municipal infraction.
2. The citation shall be served in a manner prescribed by the code of
Iowa. (2007 Code § 1-17)
D. Notice Of Violation: Municipal infractions may be initially brought
upon simple notice of violation and if the person charged admits the
violation, upon payment of the penalty to the city and the
performance of any other act required by law to be performed, such
person shall not be further prosecuted or assessed any costs or
other expenses for such violation, and the city shall retain all
penalties thus collected. Where a municipal infraction is not admitted
upon simple notice by the person charged or where the person
charged fails to perform any other act required to be performed, or
both, a civil citation shall be filed with the court. A civil citation
seeking a penalty for a municipal infraction, with or without additional
relief, may be initially filed in the court. This subsection does not
impose a duty to initially charge all municipal infractions upon simple
notice of violation. (Ord. 59-05, 10-17-2005)
October 2009
City of Dubuque
3-2-1 3-2-2
SECTION:
3-2-1:
3-2-2:
3-2-3:
3-2-4:
3-2-5:
3-2-6:
3-2-7:
3-2-8:
3-2-9:
CHAPTER 2
REVITALIZATION AREAS
Purpose
Jackson Park
West Eleventh Street
Washington Street
Upper Main
Stout Place
Langworthy
Old Main
Cathedral
3-2-1: PURPOSE: The purpose of this chapter is to encourage the
upgrading of neighborhoods by designating revitalization
areas in the city in order that the provision of providing exemptions from
taxation for qualified real estate assessed as residential properties in those
areas is available for individual properties where improvements have been
made and to authorize the issuance of revenue bonds for projects
consistent with the revitalization plan for the designated revitalization area.
(2007 Code § 43-31)
3-2-2:
JACKSON PARK:
A. The area hereinafter described is hereby designated as the Jackson
park urban revitalization area in accordance with the code of Iowa:
Beginning at the intersection of Bluff Street and West Fourteenth
Street; easterly along West Fourteenth Street to the alley between
Iowa Street and Central Avenue; northerly along said alley to West
Seventeenth Street; easterly along West Seventeenth Street to Heeb
Street; northerly along Heeb Street to the northerly line of City Lot
675; westerly along said line and along the northerly line of City Lot
674 to Main Street right-of-way; continuing westerly across said
City of Dubuque
3-2-2 3-2-3
right-of-way and along the northerly line of Lot 1 of City Lot 673 to
Madison Street; continuing westerly across Madison Street and
along the northerly line of Lot 6 of 2 of City Lot 673 to the west line
of said lot; southerly along the west line of said lot and along Lot 5
of 2 and Lot 2 of 4 of 2 of City Lot 673 to Dorgan Place; westerly
along Dorgan Place to the southeasterly line of Lot 1 of 1A of
Dorgan's Subdivision; southwesterly along said line and along the
southeasterly line of Lot 1 of 1 of Dorgan's Subdivision to West
Locust Street; continuing southwesterly across West Locust Street
and across West Seventeenth Street to the westerly line of D.N.
Cooley's Subdivision; first southerly, then southeasterly along said
line to West Sixteenth Street; southerly along the east right-of-way
line of Montrose Terrace to Pickett Street; easterly along Pickett
Street to the east line of Lot 1 of 3 of City Lot 667; southerly along
said line to the west line of Lot 2 of 1 of City Lot 667; southerly along
said line to the south line of said lot; easterly along said line to Bluff
Street; southerly along Bluff Street to West Fourteenth Street, the
place of beginning.
B. All of the properties located in such revitalization area shall be
subject to the provisions of the Jackson park urban revitalization
plan as adopted and approved by the Dubuque city council on
December 22, 1980.
C. A property owner must apply for an exception by February 1 of the
assessment year for which the exemption is first claimed, but not
later than the year in which all the improvements are first assessed
for taxation. Upon the request of the owner, the city council may
provide by resolution that the owner may file an application no later
than February 1 of the tenth assessment year. (2007 Code § 43-41)
3-2-3: WEST ELEVENTH STREET:
A. The area hereinafter described is hereby designated as the West
Eleventh Street urban revitalization area in accordance with the code
of Iowa:
Beginning at the intersection of Loras Boulevard and Alta Vista
Street; southerly along Alta Vista Street to University Avenue;
easterly along University Avenue and along West Ninth Street to
Bluff Street; northerly along Bluff Street to West Tenth Street;
easterly along West Tenth Street to the alley between Locust Street
and Main Street; northerly along said alley to West Thirteenth Street;
easterly along West Thirteenth Street to Main Street; northerly along
City of Dubuque
3-2-9 3-2-9
B. The Cathedral urban revitalization plan as attached to ordinance
87-02 is hereby adopted and approved and the properties within said
described area shall be subject to the provisions of said plan.
C. The Cathedral urban revitalization plan shall hereafter be on file in
the city clerk's office, city hall, Dubuque, Iowa. (2007 Code § 43-48)
City of Dubuque
6-8-1 6-8-2
CHAPTER 8
TREES AND WEEDS
SECTION:
6-8-1: Trees And Landscaping
6-8-2: Weed Abatement
6-8-1: TREES AND LANDSCAPING:
A. Planting And Removal; Permission Required: It shall be unlawful for
any person, firm or corporation to plant or remove trees in the public
right of way without the written permission of the city manager or the
city manager's designee, and upon such terms and conditions as the
city manager shall require. (2007 Code § 45-16)
B. Street Tree And Landscaping On Public Right Of Way Policy: The
city manager shall develop, with the approval of the city council, a
written street tree and landscaping on public right of way policy
which shall govern the planting, maintenance and removal of trees
and shrubs in the public right of way. (2007 Code § 45-17)
6-8-2: WEED ABATEMENT:
A. Duty Of Owner To Remove: It shall be the duty of the owner of any
lot or parcel of land within the limits of the city 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. (2007 Code
§ 45-51)
B. Notice To Owner To Remove; Hearing; Costs: Whenever the city
manager shall determine that the nature or quantity of weeds, vines,
brush or other growth on any lot or parcel of land in the city is such
as to constitute a health, safety or fire hazard, the city manager shall
mail a written notice by certified mail to the owner of said lot or
City of Dubuque
6-8-2 6-8-2
parcel of land, or the owner's agent or attorney, notifying the owner
of said property to cut or destroy such weeds, vines or other growth
and that if the owner fails to remove such weeds, vines or other
growth within five (5) days after the mailing of such notice, the city
manager will cause said weeds, vines or other growth to be cut and
destroyed and certify the actual cost thereof to the city clerk who, in
turn, will certify such cost plus the costs of administration to the
county treasurer and it will then constitute a lien against said
property and be collected with and in the same manner as general
property taxes on said property. The notice shall also provide the
owner with an opportunity for a hearing to contest the determination
and abatement order. Prior to certifying such costs to the city clerk,
the city manager shall mail a written notice by certified mail to the
owner stating the costs to be certified and shall provide the owner
with an opportunity for a hearing to contest the amount of such
costs. (Ord. 47-05, 8-1-2005)
C. Compliance With Removal Notice Required: It shall be the duty of an
owner, notified as provided in subsection B of this section, to remove
weeds, vines or other growth, to cut or destroy such weeds, vines or
other growth within a reasonable time and in such a manner as to
remove such hazard. (2007 Code § 45-53)
D. Collection Of Cost Of Removal By City: In the event the owner of a
lot or parcel of land, who has been notified pursuant to subsection B
of this section, shall fail to remove weeds, vines or other growth
within five (5) 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 plus the costs of
administration to the county treasurer, 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. (Ord. 47-05,
8-1-2005)
City of Dubuque
9-11-321.372 9-11-321.372
CHAPTER 11
SCHOOL BUSES
SECTION:
9-11-321.372: School Buses Discharging Pupils
9-11-321.372A: Manner Of Stopping Buses
9-11-321.373 — 9-11-321.380: Reserved
9-11-321.372: SCHOOL BUSES DISCHARGING PUPILS:
A. The driver of a school bus used to transport children to and from a
public or private school shall, when stopping to receive or discharge
pupils, turn on flashing warning lamps at a distance of not less than
three hundred feet (300') nor more than five hundred feet (500') from
the point where the pupils are to be received or discharged from the
bus. At the point of receiving or discharging pupils, the driver of the
bus shall bring the bus to a stop, turn off the amber flashing warning
lamps, turn on the red flashing warning lamps, and extend the stop
arm. After receiving or discharging pupils, the bus driver shall turn
off all flashing warning lamps, retract the stop arm and proceed on
the route. Except to the extent that reduced visibility is caused by
fog, snow, or other weather conditions, a school bus shall not stop to
receive or discharge pupils unless there is at least three hundred
feet (300') of unobstructed vision in each direction. However, the
driver of a school bus is not required to use flashing warning lamps
and the stop arm when receiving or discharging pupils at a desig-
nated loading and unloading zone at a school attendance center or
at extracurricular or educational activity locations where students
exiting the bus do not have to cross the street or highway.
If a school district contracts with an urban transit system to transport
children to and from a public or private school, the school bus which
is provided by the urban transit system shall not be required to be
equipped with flashing warning lights and a stop arm.
If the school bus provided by an urban transit system is equipped
with flashing warning lights and a stop arm, the driver of the school
City of Dubuque
9-11-321.372 9-11-321.380
bus shall use the flashing warning lights and stop arm as required by
law.
A school bus, when operating on a highway with four (4) or more
lanes, shall not stop to load or unload pupils who must cross the
highway, except at designated stops where pupils who must cross
the highway may do so at points where there are official traffic
control devices or police officers.
A school bus shall, while carrying passengers, have its headlights
turned on.
B. All pupils shall be received and discharged from the right front
entrance of every school bus and if said pupils must cross the
highway, they shall be required to pass in front of the bus, look in
both directions, and proceed to cross the highway only on signal
from the bus driver.
C. The driver of any vehicle when meeting a school bus on which the
amber warning lamps are flashing shall reduce the speed of said
vehicle to not more than twenty (20) miles per hour and shall bring
said vehicle to a complete stop when school bus stops and signal
arm is extended and said vehicle shall remain stopped until stop arm
is retracted after which driver may proceed with due caution. The
driver of any vehicle overtaking a school bus shall not pass a school
bus when red or amber warning signal lights are flashing and shall
bring said vehicle to a complete stop not closer than fifteen feet (15')
of the school bus when it is stopped and stop arm is extended and
shall remain stopped until the stop arm is retracted and school bus
resumes motion, or until signal by the driver to proceed.
D. The driver of a vehicle upon a highway providing two (2) or more
lanes in each direction need not stop upon meeting a school bus
which is traveling in the opposite direction even though the school
bus is stopped. (Ord. 44-08, 6-16-2008)
9-11-321.372A: MANNER OF STOPPING BUSES: Buses shall pull up to
the curb at the near side of the street intersections when
loading or unloading passengers except intersections or where spaces are
otherwise designated. (Ord. 44-08, 6-16-2008)
9-11-321.373 — 9-11-321.380: RESERVED: (Ord. 44-08, 6-16-2008)
City of Dubuque
10-5B-1 10-5B-1
SECTION:
10-5B- 1:
10-5B- 2:
10-5B- 3:
10-5B- 4:
10-5B- 5:
10-5B- 6:
10-5B- 7:
10-5B- 8:
10-5B- 9:
10-5B-10:
10-5B-11:
10-5B-12:
10-5B-13:
10-5B-14:
10-5B-15:
10-5B-16:
10-5B-17:
10-5B-18:
10-5B-19:
10-5B-20:
10-5B-21:
10-5B-22:
10-5B-1:
AT LARGE:
CAT:
CHAPTER 5
PARKS AND RECREATION
ARTICLE B. USE REGULATIONS
Definitions
Intoxicating Beverages
Horsedrawn Vehicles, Riding Of Animals Restricted
Dogs, Cats And Other Domestic Animals
Walking On Grass
Throwing Stones Or Other Missiles
Interfering With Animals
Unlawful Deposits
Obstructions
Posting Bills, Notices Or Signs
Sales Restricted
Possession Of Firearms, Weapons And Fireworks
Climbing On Fences, Roofs
Moving Benches And Tables
Use Of Spotlights, Searchlights
Meetings And Gatherings
Fires
Loosening Stones From Bluffs Prohibited
Washing Vehicles
Compliance With Motor Vehicle Laws, Ordinances
Removal Of Unattended Vehicles Left After Closing Hours
Open Season And Hours Generally
DEFINITIONS: As used in this article, the following terms
shall have the following meanings:
Any dog, cat or livestock, fowl or ferret found off
the premises of the owner or keeper.
Both male and female animals in the family
Felis catus whether neutered or not.
City of Dubuque
November 2013
10-5B-1 10-5B-1
CITY MANAGER: City manager or city manager's designee.
COMMISSION OR
THE COMMISSION:
DOG:
DOMESTICATED
ANIMAL:
KEEPER:
LEISURE SERVICES
MANAGER:
MULTIPURPOSE USE
TRAIL OR TRAILS:
OPEN SPACES:
OWNER:
PARKS OR
PARKWAYS:
November 2013
The park and recreation advisory commission.
Both male and female animals of the canine
species whether neutered or not, but not includ-
ing a law enforcement dog.
An animal commonly referred to as a bovine,
swine, sheep, goat, domesticated deer, llama,
poultry, rabbit, horse, pony, mule, jenny,
donkey, or hinny.
A person other than the owner keeping, shelter-
ing, having control or custody of or harboring an
animal.
Leisure services manager or leisure services
manager's designee.
A hardened trail of asphalt, concrete or other
impervious surface, typically ten (10) to twelve
feet (12') wide and physically separated from
the motorized vehicular traffic by an open space
or barrier and either within highway public right
of way or private property within an independent
alignment for use by pedestrians, skaters,
joggers, bicyclists, and city maintenance
vehicles.
Open spaces available to the public for passive
recreational use in and adjacent to the city,
which are under the responsibility of the com-
mission.
A person owning a cat, dog, or other animal.
Parks, parkways, buildings, park roads or drive-
ways, and all public service facilities or grounds,
buildings and structures in and adjacent to the
city, which are under the responsibility of the
commission. (Ord. 42-13, 8-5-2013)
City of Dubuque
10-5B-2 10-5B-2
10-5B-2: INTOXICATING BEVERAGES:
A. Possession, Consumption, Or Use Of Alcoholic Liquor, Wine, Beer,
Or Other Intoxicating Beverages Prohibited:
1. The possession, consumption, or use of alcoholic liquors, wine,
and beer as defined by chapter 123 of the code of Iowa or any other
intoxicating beverages is prohibited on park roadways and trails, in
park and recreation facility parking lots, and in vehicles located
within a park.
2. The possession, consumption, or use of alcoholic liquors, wine,
and beer as defined by chapter 123 of the code of Iowa or any other
intoxicating beverages is prohibited in any public park, open space,
or park and recreation facility unless specifically exempted in sub-
section B of this section. (Ord. 11-14, 2-3-2014)
B. Exemptions:
1. Locations Exempt: Subsection A2 of this section shall not apply to
the possession, consumption, or use of alcoholic liquors, wine, beer,
or other intoxicating beverages at:
a. Alliant Energy Amphitheater events for which a special events
permit has been issued under chapter 4 of this title;
b. American Trust River's Edge Plaza events for which a special
events permit has been issued under chapter 4 of this title; (Ord.
42-13, 8-5-2013)
tion;
c. A.Y. McDonald Park;
d. Bunker Hill Golf Course;
e. Eagle Point Park;
f. Flora Park;
g. Four Mounds Park as approved by the Four Mounds Founda-
h. John G. Bergfeld Recreation Area;
i. Marshall Park as approved by the Dubuque Arboretum Asso-
ciation, Inc.;
March 2014
City of Dubuque
10-5B-2 10-5B-4
j. McAleece Park And Recreation Complex;
k. Miller -Riverview Park; (Ord. 41-13, 7-15-2013)
I. Mississippi Riverwalk events for which a special events permit
has been issued under chapter 4 of this title; (Ord. 42-13, 8-5-2013)
m. Murphy Park;
n. Port Of Dubuque Marina;
o. Veterans Park; and
p. Any other park with the prior written approval of the city
manager. (Ord. 41-13, 7-15-2013)
2. Closed Containers: Subsection A of this section shall not apply to
the transporting of closed containers of intoxicating beverages on
park roadways, in park and recreation facility parking lots, in vehicles
located within the park, and the public parks and park and recreation
facilities listed in subsection B1 of this section.
3. Keg Beer: Notwithstanding subsection B1 of this section, beer in
containers commonly referred to as "keg beer" shall only be
permitted by a licensed holder of a beer permit who has obtained a
permit from the city manager authorizing the use of such container.
(Ord. 58-10, 11-1-2010)
10-5B-3: HORSEDRAWN VEHICLES, RIDING OF ANIMALS RE-
STRICTED: Horsedrawn vehicles or the riding of horses or
any other domesticated animals used for such purposes is prohibited in any
park, parkway, trail, or open space unless permission is granted by the
leisure services manager and thereafter authorized through the issuance of
a city special events permit under chapter 4 of this title. (Ord. 42-13,
8-5-2013)
10-5B-4: DOGS, CATS AND OTHER DOMESTIC ANIMALS:
A. Unleashed Animals Prohibited: No person shall be permitted to bring
into any park, parkway, trail, or open space, any dog, cat or other
domestic animal, nor shall any person permit such dog, cat or other
domestic animal to run at large in any park, parkway, trail, or open
March 2014
City of Dubuque
10-5B-4 10-5B-4
space. Any unattended animal shall be impounded and its owner
may redeem the same upon paying the reasonable costs of such
impoundment. (Ord. 11-14, 2-3-2014)
B. Leashed Dogs And Cats Allowed In Certain Parks And Areas:
1. Notwithstanding the foregoing, leashed dogs and cats shall be
permitted in the following:
A.Y. McDonald Park
Granger Creek Nature Trail
Heritage Trail
Jaycee Trail
John G. Bergfeld Recreation Area
Medical Associates Greenbelt Park
Miller -Riverview Park
Northwest Arterial Trail
Port Of Dubuque Marina
Port Of Dubuque Riverwalk Trail
Powerline Trail
Pyatigorsk Park
Southern Levy Trail
2. Leashed dogs and cats as allowed in subsection B1 of this section
are subject to and must comply with the provisions of title 7, chapter
6 of this code.
3. The owner or keeper must pick up and dispose of or take away
the dog or cat's waste.
4. The owner or keeper is responsible for the actions of the dog or
cat. (Ord. 42-13, 8-5-2013)
C. Unleashed Pets Allowed In Pet Park: Unleashed pets shall be
permitted in the pet park. (Ord. 54-06, 7-5-2006)
D. Exceptions: This section does not apply to:
1. Service animals used by persons with disabilities;
2. As part of an approved and permitted special event under chapter
4 of this title;
3. Animals which are part of the Storybook Hill Petting Zoo at
Franklin Delano Roosevelt Park; and
March 2014
City of Dubuque
10-5B-4 10-5B-10
4. Animals within Eagle Point Park, Murphy Park and Flora Park
which are confined to an automobile, camper, motor home (a.k.a.
recreational vehicle), or other similar conveyance during the entirety
of their time within the designated park(s), parkway(s), trail(s), or
open space(s). (Ord. 11-14, 2-3-2014)
10-5B-5: WALKING ON GRASS: No person may go on foot or
otherwise upon the grass or turf of any park, parkway, trail, or
open space where any prohibitory sign is posted. (Ord. 42-13, 8-5-2013)
10-5B-6: THROWING STONES OR OTHER MISSILES: No person
may throw any stone or any other missile within any park,
parkway, trail, or open space. (Ord. 42-13, 8-5-2013)
10-5B-7: INTERFERING WITH ANIMALS: No person shall kill, trap,
tease, annoy, disturb, feed or interfere with any bird or other
fowl, animals or fish in any park, parkway, trail, or open space. No person
shall rob, injure or destroy the nest of any bird or any other fowl. (Ord.
11-14, 2-3-2014)
10-5B-8: UNLAWFUL DEPOSITS:. No person shall throw, deposit,
place or leave in any park, parkway, trail, or open space, any
paper, rubbish, waste or refuse of any kind or nature, but shall deposit the
same in the receptacles provided for such materials in the parks, parkways,
trails, or open spaces. (Ord. 11-14, 2-3-2014)
10-5B-9: OBSTRUCTIONS: No person shall place or suffer to remain
in any park, parkway, trail, or open space any goods, wares,
merchandise or other articles in the nature of any obstruction to the free
use and enjoyment of such park, parkway, trail, or open space without
written permission from the park and recreation advisory commission of the
city. (Ord. 11-14, 2-3-2014)
10-5B-10: POSTING BILLS, NOTICES OR SIGNS: No person shall
post, paste, fasten, paint or affix any placard, bill, notice or
sign upon any structure, tree, stone, fence, thing, or enclosure along or
within any park, parkway, trail, or open space. (Ord. 11-14, 2-3-2014)
March 2014
City of Dubuque
10-5B-22 10-5B-22
Washington Park
Welu Park
Westbrook Park (Ord. 11-14, 2-3-2014)
Miller -Riverview Park shall be open for use by the public from seven
o'clock (7:00) A.M. until ten o'clock (10:00) P.M. daily, and only
registered campers shall be permitted in the area at all other hours.
(Ord. 54-06, 7-5-2006)
J. The city manager or authorized representative shall have the
authority to close any or all parks, parkways, trails, open spaces,
park and recreation facilities, park roadways and park parking lots
before scheduled closing hours at times it is deemed necessary in
the interest and safety of the public. (Ord. 11-14, 2-3-2014)
K. The following parks shall be open for use by the public twenty four
(24) hours per day:
Alliant Energy Amphitheater
American Trust River's Edge Plaza
Mississippi Riverwalk (Ord. 54-06, 7-5-2006)
March 2014
City of Dubuque
TITLE 11
RIGHTS OF WAY
Subject Chapter
Nonfranchised Communications Systems 1
Cable Right Of Way Regulations 2
Cable Communications 2A
Open Video Systems 2B
Cable Television 3
Cable Franchise Agreement 3A
Community Teleprogramming Commission
(Rep. by Ord. 5-12, 2-6-2012) 3B
Cable Regulatory Commission (Rep. by
Ord. 5-12, 2-6-2012) 3C
Rates And General Regulations 3D
Cable Services Customer Service Standards 3E
Gas Franchise 4
Electric Franchises 5
Interstate Power Company 5A
Maquoketa Valley Electric Cooperative 5B
Procedure For Licensing Electric
Transmission Line Companies 6
April 2013
City of Dubuque
11-4-20 11-4-23
11-4-20: CURE OF DEFAULTS: If either party determines there is a
default under this franchise, the other party shall be given
written notice describing the default in detail, whether a forfeiture or
termination of the franchise will be sought and where curable a reasonable
time to cure the default which shall not be less than thirty (30) nor more
than one hundred eighty (180) days. (Ord. 43-93, 7-19-1993)
11-4-21: RESERVATION OF HOME RULE POWERS: This chapter is
intended to be and shall be construed as consistent with the
reservation of local authority contained in the twenty fifth amendment to the
Iowa constitution granting municipalities home rule powers. To such end,
any limitation on the power of the city is to be strictly construed and the city
reserves to itself the right to exercise all power and authority to regulate
and control its local affairs, and all ordinances and regulations of the city
shall be enforceable against the company unless, and only to the extent,
they are irreconcilable with any rights granted the company under this
franchise. (Ord. 43-93, 7-19-1993)
11-4-22: ACQUISITION AT EXPIRATION: If at the expiration of this
franchise the company wishes no longer to operate the gas
service system within the city or to sell, assign or lease the system to a
third party, then the company shall upon the city's request, given not earlier
than one hundred eighty (180) days before expiration or more than ninety
(90) days after, sell the gas distribution system to the city at a price
determined by a mutually agreeable appraiser, or if the parties cannot,
within sixty (60) days of notice, agree upon an appraiser, then they shall
each appoint an appraiser and the appraisers shall appoint a third, the price
shall then be the price the appraisers agree upon, or if they do not agree
within sixty (60) days of being appointed, the price shall be the average of
the two (2) appraisals which are closest in dollar amount. (Ord. 43-93,
7-19-1993)
11-4-23: FRANCHISE FEE':
A. The city council may, in its discretion after a public hearing, and
upon an affirmative vote of all of the members of the council, impose
a franchise fee not to exceed three percent (3%) of the gross
1. Effective June 1, 2010, per ordinance 8-10, and for the term of the franchise granted by
ordinance 43-93, there is hereby imposed upon the company a fee equal to 3 percent of the
gross revenue generated from the sale of natural and mixed gas within the city.
March 2014
City of Dubuque
11-4-23 11-4-23
revenue of the company generated from the sale of natural and
mixed gas within the city; provided, however, that the fee shall not
be effective against the company unless and until the city imposes a
fee or tax of the same percentage on the gross revenue of sales of
energy within the city by all other energy suppliers with which the
city has in effect a franchise agreement allowing such fee. Any such
franchise fee imposed shall be a direct charge to customers as
required by the Iowa utilities board. (Ord. 43-93, 7-19-1993; amd.
Ord. 59-03, 7-28-2003)
B. The company shall on the fifteenth day of each month, commencing
November 15, 2003, provide to the city manager in a form accepta-
ble to the city manager records establishing the gross revenues from
the sale of natural and mixed gas by the company within the city of
Dubuque for the preceding month and shall pay the fee to the city
within thirty (30) days following the last day of the preceding month.
(Ord. 22-04, 4-5-2004)
C. 1. Effective July 1, 2013, the fee imposed by section 1 of ordinance
59-03, as amended by section 1 of ordinance 76-03 and section 1 of
ordinance 8-10, shall not apply to any sale of natural and mixed gas
by the company that is exempt under Iowa Code section 423.3 from
the tax imposed by Iowa Code section 423.2 and in computing the
amount of the fee, the company shall not include such sales, unless
it is impracticable to do so, in which event the city manager shall
provide a rebate of the amount of the fee for such exempt sales of
natural and mixed gas to company's customers provided a written
request is submitted by a customer to the city manager in the city's
fiscal year (July 1 - June 30) in which the customer pays such fees.
2. Any rebate of franchise fees which may have been available
under any prior amendment or ordinance which was not paid prior to
July 1, 2013, is declared void and any claim for any such rebate
shall not be honored or paid by the city. (Ord. 7-14, 2-3-2014)
D. If for any reason the time and manner of collecting, or any aspect of
the franchise fee, is challenged by or before the Iowa utilities board,
company shall promptly give notice to city and the company shall, in
any case, diligently and continuously exercise its efforts to sustain
said fee and payments and the time and manner of its collection. If
at any time the Iowa utilities board, or any other authority having
proper jurisdiction, prohibits the city from imposing the franchise fee
called for herein, the company will no longer be obligated to collect
and pay the franchise fee herein. The city agrees to save harmless
the company, its employees or agents from and against all claims,
March 2014
City of Dubuque
11-4-23 11-4-25
demands, losses and expenses arising out of the collection of the
franchise fee from the company's customers or in remitting the
franchise fee amounts collected to the city; provided, however, that
the city shall not be required to save harmless the company from
claims, demands, losses and expenses arising out of the negligence
of the company, its employees or agents.
E. The amount billed by the company for the sale of natural gas or
mixed gas to its customers may be adjusted for any net write off of
uncollectible accounts and corrections of bills theretofore rendered,
and past or future franchise fees remitted to the city may be adjusted
accordingly by the company to reflect the lawful or necessary correc-
tion to billing and collection from its customers for natural gas sold
within the corporate limits of the city.
F. The city shall provide copies of annexation ordinances to the
company on a timely basis to ensure appropriate franchise fee
collection from customers within the corporate limits of the city. (Ord.
22-04, 4-5-2004)
11-4-24: ADOPTION: This franchise, following its passage, its
ratification by a majority of the qualified voters of the city,
voting at an election called for the purpose of voting thereon, and its
publication by law provided, shall become effective upon its acceptance by
the company and shall effectively supersede and cancel ordinance 17-68,
being the prior gas franchise held by the company. (Ord. 43-93, 7-19-1993)
11-4-25: ACCEPTANCE OF ORDINANCE 43-93:
1/We, the undersigned officer/s of Peoples Natural Gas Company,
Division Of Utilicorp United Inc., a corporation, having read the terms and
conditions of Ordinance No. 43-93, attached hereto and made a part hereof,
and being familiar with the terms and conditions contained therein, hereby
accept Ordinance No. 43-93 as approved by the electorate of the City Of
Dubuque, Iowa, on August 24, 1993, and agree to perform the terms and
conditions contained herein.
Dated At Omaha, Nebraska this 8th day of September, 1993.
By
PEOPLES NATURAL GAS COMPANY
Division of Utilicorp United Inc.
/s/ Melvin J. Semrad
March 2014
City of Dubuque
11-4-25 11-4-25
Attest: /s/ James R. Talcott
Assistant Secretary
Name Typed Melvin J. Semrad
Title Sr. Vice President
ACKNOWLEDGEMENT AND VERIFICATION
OF ACKNOWLEDGEMENT OF FILING OF
ACCEPTANCE OF FRANCHISE
The receipt and filing of the foregoing Acceptance of Franchise pursuant
to the provisions of Ordinance No. 43-93, of the City Of Dubuque, is hereby
acknowledged and verified this 14th day of September, 1993.
(Ord. 43-93, 7-19-1993)
March 2014
City of Dubuque
/s/ Mary A. Davis/Clerk
11-5A-1 11-5A-1
SECTION:
11-5A- 1:
11-5A- 2:
11-5A- 3:
11-5A- 4:
11-5A- 5:
11-5A- 6:
11-5A- 7:
11-5A- 8:
11-5A- 9:
11-5A-10:
11-5A-11:
11-5A-12:
11-5A-13:
11-5A-14:
11-5A-15:
11-5A-16:
11-5A-17:
11-5A-18:
11-5A-19:
11-5A-20:
11-5A-21:
11-5A-22:
11-5A-23:
11-5A-24:
CHAPTER 5
ELECTRIC FRANCHISES
ARTICLE A. INTERSTATE POWER COMPANY
Definitions
Grant Of Franchise
Street Usage
Excavations And Other Works
Relocation Of Service Lines
Accessions To Franchise
Representation Of Company
Regulatory Review
Reserved Regulatory Rights
Extension Of Service
Rates
Reports To City Council
Company Rules
Maps Of Distribution System
Indemnification
Nonassignment
Forfeiture Of Franchise
Severability
Revival
Cure Of Defaults
Reservation Of Home Rule Powers
Acquisition At Expiration
Franchise Fee
Adoption
11-5A-1: DEFINITIONS: Whenever the following words or terms are
used in this article, they shall be intended and held to have
the meanings ascribed to them in this section:
CITY: The city of Dubuque, Iowa.
City of Dubuque
11-5A-1 11-5A-3
COMPANY: The Interstate Power Company, its successors
and assigns.
FRANCHISE: The grant of authority contained in this article
as accepted by the company.
GRANTEE: The Interstate Power Company, a Delaware
Corporation, its successors and assigns.
IOWA UTILITIES The utilities board or utilities division
BOARD: established by Iowa Code chapter 474 (or its
successor).
STREET: Streets, alleys, bridges, avenues, highways and
other similar public places used for
transportation purposes within the city. (Ord.
58-93, 10-4-1993)
11-5A-2: GRANT OF FRANCHISE: There is hereby granted to the
company, its successors and assigns, for a period of twenty
five (25) years a nonexclusive authority to maintain and operate its existing
electrical production, transmission and distribution system and construct
extensions and additions within the limits of the city including any areas
added to the city by annexation or otherwise, together with all necessary
facilities and equipment in, under, upon, over, across, and along the streets
of the city for the transmission, distribution and sale of electrical power
therein. Also granted is the right of eminent domain as provided in Iowa
Code section 364.2 (1993). (Ord. 58-93, 10-4-1993)
11-5A-3: STREET USAGE: The company shall not locate any new
electrical distribution or service line, including poles or other
facilities, within the city in the public right of way without the approval of the
city engineer. The city reserves to itself the power to impose reasonable
regulations on the company's use of streets. The city reserves the right by
resolution or otherwise to designate the location of any new electric
distribution or service line including poles and other facilities with reference
to other street facilities such as sewer and water mains and services and
street trees in such a manner as to promote the public safety and to protect
public property.
The company agrees to consult with the city as to the location of any new
transmission lines that will be outside the city limits which will serve the
City of Dubuque
11-5A-3 11-5A-4
city, and to consider the location of such lines so they will be compatible
with any impacted zoning, economic development, growth and other plans
of the city. (Ord. 58-93, 10-4-1993)
11-5A-4: EXCAVATIONS AND OTHER WORKS: A written permit will
be obtained from the city engineer whenever it becomes
necessary for the company to excavate in streets or public grounds of the
city. Such permits shall state a particular part or point of the street where
the excavation is to be made and the length of time in which such permit
shall authorize the work to be done. An exception to a requirement for a
permit shall be made in cases of emergency involving public safety, in
which case a permit will be obtained at the earliest opportunity after the
work has started.
In making excavations in the streets, the company shall proceed with such
work as to cause the least possible inconvenience to the public. The
company shall properly protect, according to safety standards generally
accepted at the time of placement, as may be determined from time to time
by the city engineer, all excavations and obstructions by proper shoring,
surface plates, barricades, warning lights and such other or additional
devices as circumstances may warrant. If in the opinion of the city engineer
such excavation or obstruction is not properly and safely protected, the
engineer shall notify the company and the company will immediately comply
with such reasonable instructions.
Immediately after buried electrical service lines are installed or repaired, the
trenches in which such lines are installed will be refilled by the company.
No trench or excavation in the streets shall be filled or covered without
giving the city the right to inspect the same. All backfilling in streets will be
according to city specifications. Temporary street surfacing will be placed in
such excavations as soon as the same has been backfired. Pavements,
sidewalks, curb and gutters or other portions of streets and public places
opened, disturbed or damaged by company shall be promptly restored and
replaced with like materials by the company at its own expense and left in
as good condition as before. In the event like replacement materials are not
available, the company shall notify the city engineer who must approve the
use of any alternate materials. In the event that the company shall fail to
comply with the provision of this section, after having been given
reasonable notice, the city may do such work as may be needed to properly
repair such pavements, sidewalks, curb and gutters or other portions of
streets and public places, and the cost thereof shall be repaid to the city by
the company. In some cases where a cut or disturbance is made in a
section of street paving or sidewalks, rather than replace only the area cut,
City of Dubuque
11-5A-4 11-5A-6
the company shall replace that area stipulated by the city engineer which in
no event shall exceed the panel or panels disturbed.
Whenever any person has obtained permission from the municipality to
move any building or structure which may interfere with the poles, wires or
other mixtures of said grantee, grantee shall, upon five (5) days' notice
thereof, and at the expense of the person desiring to move such structure,
remove such poles, wires or other mixtures as may be necessary to allow
the passage of such structure, for a reasonable length of time, upon receipt
from such person of satisfactory assurance covering the cost of such
removal and replacement and any liability or damage resulting therefrom.
(Ord. 58-93, 10-4-1993)
11-5A-5: RELOCATION OF SERVICE LINES: Whenever the city shall
pave or repave any street or shall change the grade line of
any street or public place or shall construct or reconstruct any conduit,
water main service or water connection, sewer or other municipal public
works or utility, it shall be the duty of the company, except where
easements of record are held by the company, when so ordered by the city,
to relocate its service lines and other property in the streets or other public
places at its own expense so as to conform to the established grade or line
of such street or public place and so as not to interfere with the conduits,
sewers and other mains so constructed or reconstructed. However, the
company shall not be required to relocate poles or other facilities and
appurtenances when the street, alley or public grounds, in which they are
located, is vacated for the convenience of abutting property owners and not
as an incident to a public improvement, unless the reasonable cost of such
relocation and the loss and expense resulting therefrom is first paid to the
company by the abutting property owners. In the case of public
improvements, including, but not limited to, urban renewal projects, the city
may require the company to relocate its poles, service lines and
appurtenances in the streets at company's expense.
The city may at its discretion assign personnel for inspection of excavation
and related work being performed by the company. Should the company fail
or refuse to do and perform the things provided in this article, the city may,
after reasonable notice, perform the work and charge the expense thereof
to the company, and the company shall promptly pay said charges. (Ord.
58-93, 10-4-1993)
11-5A-6: ACCESSIONS TO FRANCHISE: Where any electric service
line is presently or in the future placed anywhere in the
corporate limits of the city, either as now existing or hereafter extended, not
City of Dubuque
11-5A-6 11-5A-10
in a public street and a street shall thereafter be opened or dedicated so as
to include said line within the right of way of such street, said electric line
shall be required to be operated and maintained under the terms of this
franchise. (Ord. 58-93, 10-4-1993)
11-5A-7: REPRESENTATION OF COMPANY: The company agrees to
provide and maintain its entire system pursuant to Iowa
utilities board rules in such condition that it will furnish safe, adequate,
efficient and continuous service. (Ord. 58-93, 10-4-1993)
11-5A-8: REGULATORY REVIEW: To the extent the provisions of this
section are consistent with state and federal law and
regulation, the rights described in this section are reserved to the city and
may be exercised by it in its discretion in accord with the duty of the city to
protect the health and welfare of its citizens.
Standards for meters and meter practices shall be in accordance with
regulations, rules or directives adopted by the Iowa utilities board of the
Iowa department of commerce. (Ord. 58-93, 10-4-1993)
11-5A-9: RESERVED REGULATORY RIGHTS: In the event the state
of Iowa or the United States ceases to regulate any aspect of
the delivery of electrical service now regulated by either or both, the city
reserves the right upon such cessation to regulate such matters to the
extent such matters are local affairs impacting the health, safety or welfare
of residents of the city. (Ord. 58-93, 10-4-1993)
11-5A-10: EXTENSION OF SERVICE: The company shall be required to
extend its electric distribution service lines as required by
Iowa utilities board rules. The company, consistent with this section, shall
maintain the availability of service throughout the entire city (including
newly annexed areas) by extending lines in a manner consistent with the
economic growth of the city and the city shall in the extension of streets
and roads make provision for the placement of electric service lines;
however, failure of the city to reserve right of way for electrical usage is not
a default or breach under this agreement. (Ord. 58-93, 10-4-1993)
City of Dubuque
11-5A-11 11-5A-13
11-5A-11: RATES: The company shall supply electricity to consumers
within the city at reasonable rates. It is recognized that under
the statutes of the state of Iowa, the Iowa utilities board of the Iowa
department of commerce is vested with legal authority to supervise, fix or
change rates and charges authorized to be charged by the company to
electricity consumers. It is also recognized by both the company and the
city that matters involving rate changes and charges are local in their
application and effect and that the city, through its city council, shall be
within its privileges and municipal responsibilities in making inquiries,
expressing interest or adopting a position on matters of rate changes or
charges by the company. Simultaneously, with the filing by the company of
any application or petition or request in any form with the Iowa utilities
board, or other regulatory body vested by law with authority and jurisdiction
to authorize change of rates or charges, for an increase in or authority to
increase rates or charges, or for any revision or change which would have
the effect of increasing the rates and prices to be paid to the company by
consumers of electricity in the city, the company shall file with the city clerk
of the city a written notice stating that it intends to make such application
for rate increase. The notice shall state in a clear and definite way the
amount of such rate increase to be requested as applied to each class of
consumer use.
In the event rates or charges in general, or any class or type of rate or
charge shall, during the term of this franchise, cease to be regulated by any
state or federal agency, the city council reserves the right to regulate such
rates within the city. (Ord. 58-93, 10-4-1993)
11-5A-12: REPORTS TO CITY COUNCIL: The company shall file with
the city clerk a true copy of the annual report of the company
pertaining to the operation or conduct of business of the company under
this franchise. The report may be the same as the company shall have
prepared for such year in the ordinary course of the conduct of the business
of the company and filed with the Iowa utilities board. (Ord. 58-93,
10-4-1993)
11-5A-13: COMPANY RULES: The company shall file with the city clerk
any copy of its rules and regulations for supplying electrical
service to consumers. Such copy shall be kept current, showing any
changes, additions, deletions or amendments. (Ord. 58-93, 10-4-1993)
City of Dubuque
11-5A-14 11-5A-16
11-5A-14: MAPS OF DISTRIBUTION SYSTEM: The company shall,
promptly after the award of this franchise, furnish the city
engineer a detailed map or maps of its distribution system both within the
city limits and the area immediately surrounding the city. The company shall
thereafter update the map or maps every year showing all subsequent
additions or deletions to the distribution system. Prior to any excavation by
the city, or its agents, a representative must contact the company regarding
current information on the location of underground electric lines in the area
concerned. The obligation to contact the company under this section shall
be satisfied if contact is made with a corporation organized pursuant to
Iowa Code chapter 480 (1993) or an entity with a similar function utilized by
both the city and the company, currently the Iowa one call system. (Ord.
58-93, 10-4-1993)
11-5A-15: INDEMNIFICATION: The company shall indemnify and hold
the city harmless at all times during the term of this franchise
from and against all claims for injury or damage to persons or property
caused by the construction, erection, operation or maintenance of its
properties, or the negligence of its contractors or its employees. In case of
any suit or action at law being commenced against the city, upon any claim
for damage arising out of any loss, injury or damage, claimed to have been
caused by any installation, improvement, obstruction or excavation in any
street, alley, sidewalk or public place in the city of Dubuque, and which
installation, improvement, obstruction or excavation was made or left in,
under or upon such street, sidewalk, alley or public place by said company,
its agents, contractors or employees, upon being notified in writing by said
city of such action or proceeding, said company shall appear and make
proper defense thereto; and if any judgment or decree shall in any such
case be rendered against the city therein, said company hereby agrees to
assume, pay and satisfy such judgment or decree, with the costs thereof.
(Ord. 58-93, 10-4-1993)
11-5A-16: NONASSIGNMENT: No sale, assignment or lease of this
franchise shall be effective until it is approved by the city
council and until the company has filed in the office of the city clerk written
notice of the proposed sale, transfer, disposition or assignment, such notice
to clearly summarize the proposed procedure and the terms and conditions
thereof. Such approval by the city shall not be unreasonably withheld. The
proposed vendor, assignee or lessee shall similarly file an instrument, duly
executed, reciting such proposal, accepting the terms of this franchise and
agreeing to perform all the conditions thereof.
City of Dubuque
11-5A-16 11-5A-20
This provision shall not apply, however, to sales, assignment, or transfers
made pursuant to a corporate reorganization, divestiture, or consolidation,
or to a sale of all or substantially all of the electric distribution properties of
Interstate Power Company. (Ord. 58-93, 10-4-1993)
11-5A-17: FORFEITURE OF FRANCHISE: The violation of any material
portion of this franchise by the company or its successors or
assigns, or its failure promptly to perform any of the provisions of this
franchise shall be cause for forfeiture of this franchise and the termination
of all rights thereunder. Such forfeiture shall be accomplished by ordinance
of the city after written notice by the city manager to the company and a
continuation of the violation, failure or default specified in the notice for at
least thirty (30) days from the date the notice was served. (Ord. 58-93,
10-4-1993)
11-5A-18: SEVERABILITY: If any section or provision of this article is
held invalid by a court of competent jurisdiction, such holding
shall not affect the validity of any other provisions of this article which can
be given effect without the invalid portion or portions and to this end each
section and provision of this article is severable. (Ord. 58-93, 10-4-1993)
11-5A-19: REVIVAL: The parties recognize that over the duration of this
franchise both technological and regulatory changes will take
place which will impact the enforceability of this article or parts of it. In
recognition of such factors, the parties agree that in the event portions of
this article which are now, or in the future, are found or declared
inapplicable or unenforceable, become through a subsequent change in law
or technology again to be applicable or enforceable, such provisions shall
be revived and again form a portion of this article. (Ord. 58-93, 10-4-1993)
11-5A-20: CURE OF DEFAULTS: If either party determines there is a
default under this franchise, the other party shall be given
written notice describing the default in detail, whether a forfeiture or
termination of the franchise will be sought and where curable a reasonable
time to cure the default which shall not be less than thirty (30) nor more
than one hundred eighty (180) days. (Ord. 58-93, 10-4-1993)
City of Dubuque
11-5A-21 11-5A-23
11-5A-21: RESERVATION OF HOME RULE POWERS: This article is
intended to be and shall be construed as consistent with the
reservation of local authority contained in the twenty fifth amendment to the
Iowa constitution granting municipalities home rule powers. To such end,
any limitation on the power of the city is to be strictly construed and the city
reserves to itself the right to exercise all power and authority to regulate
and control its local affairs and all ordinances and regulations of the city
shall be enforceable against the company unless, and only to the extent,
they are irreconcilable with any rights granted the company under this
article. (Ord. 58-93, 10-4-1993)
11-5A-22: ACQUISITION AT EXPIRATION: If at the expiration of this
franchise the company wishes to abandon the electric service
system within the city, and subject to any approval required by statute, the
company shall, upon the city's request, given not earlier than one hundred
eighty (180) days before expiration or more than ninety (90) days after, sell
the electric distribution system to the city at a price determined by a
mutually agreeable appraiser, or if the parties cannot, within sixty (60) days
of notice, agree upon an appraiser, then they shall each appoint an
appraiser and the appraisers shall appoint a third, the price shall then be
the price the appraisers agree upon, or if they do not agree within sixty (60)
days of being appointed, the price shall be the average of the two (2)
appraisals which are closest in dollar amount.
This provision shall not apply, however, to sales, assignments, or transfers
made pursuant to a corporate reorganization, divestiture, or consolidation,
or to a sale of all or substantially all of the electric distribution properties of
Interstate Power Company. (Ord. 58-93, 10-4-1993)
11-5A-23: FRANCHISE FEE':
A. The city council may, in its discretion after a public hearing and upon
an affirmative vote of all of the members of the council, impose a
franchise fee not to exceed three percent (3%) of the gross revenue
of the company generated from the sale of electricity within the city;
provided, however, that the fee shall not be effective against the
company unless and until the city imposes a fee or tax of the same
percentage on the gross revenue of sales of energy within the city by
1. Effective June 1, 2010, per ordinance 7-10, and for the term of the franchise granted by
ordinance 58-93, there is hereby imposed upon the company a fee equal to 3 percent of the
gross revenue generated from the sale of electricity within the city.
March 2014
City of Dubuque
11-5A-23 11-5A-24
all other energy suppliers with which the city has an effective
franchise agreement allowing such fee. Any such franchise fee
imposed shall be a direct charge to customers as required by the
Iowa utilities board. (Ord. 58-93, 10-4-1993; amd. Ord. 58-03,
7-28-2003)
B. The company shall on the fifteenth day of each month, commencing
November 15, 2003, provide to the city manager in a form accepta-
ble to the city manager records establishing the gross revenues from
the sale of electricity by the company within the city of Dubuque for
the preceding month and shall pay the fee to the city within thirty
(30) days following the last day of the preceding month. (Ord. 21-04,
4-5-2004)
C. 1. Effective July 1, 2013, the fee imposed by section 1 of ordinance
58-03, as amended by ordinance 7-10, shall not apply to any sale of
electricity by the company that is exempt under Iowa Code section
423.3 from the tax imposed by Iowa Code section 423.2 and in
computing the amount of the fee, the company shall not include such
sales, unless it is impracticable to do so, in which event the city
manager shall provide a rebate of the amount of the fee for such
exempt sales of electricity to company's customers provided a
written request is submitted by a customer to the city manager in the
city's fiscal year (July 1 - June 30) in which the customer pays such
fees.
2. Any rebate of franchise fees which may have been available
under any prior amendment or ordinance which was not paid prior to
July 1, 2013, is declared void and any claim for any such rebate
shall not be honored or paid by the city. (Ord. 6-14, 2-3-2014)
11-5A-24: ADOPTION: This article, following its passage, its ratification
by a majority of the qualified voters of the city, voting at an
election called for the purpose of voting thereon, and its publication by law
provided, shall become effective upon its acceptance by the company and
shall effectively supersede and cancel ordinance 57-68, being the prior
electric franchise held by the company. (Ord. 58-93, 10-4-1993)
March 2014
City of Dubuque
TITLE 9 (cont)
Impoundment Of Vehicles
Miscellaneous City Provisions ..
TITLE 10
Public Ways And Property
Community Teleprogramming
Commission (Rep. by
15 Ord. 5-12, 2-6-2012) 3B
16 Cable Regulatory Commission
(Rep. by Ord. 5-12, 2-6-2012) 3C
Rates And General
Regulations 3D
Cable Services Customer
Service Standards 3E
Gas Franchise 4
Electric Franchises 5
Interstate Power Company .... 5A
Maquoketa Valley Electric
Cooperative 5B
Procedure For Licensing
Electric Transmission
Line Companies 6
Streets, Sidewalks And Other
Public Places 1
Excavations 2
Encroachments On Public Places 3
Waste Collection Receptacles 3A
Newsracks 3B
Projecting Signs 3C
Other Encroachments 3D
Sidewalk Cafes 3E
Mailboxes 3F
Parades, Assemblies And
Special Events 4
Parks And Recreation 5
Administration 5A
Use Regulations 5B
Specific Parks, Open Spaces
And Trails 5C
Railroads 6
Boats, Boating And Waterfront
Structures 7
Valet Drop Off Parking;
Permit Requirements 8
TITLE 11
Rights Of Way
Nonfranchised Communications
Systems 1
Cable Right Of Way Regulations . 2
Cable Communications 2A
Open Video Systems 2B
Cable Television 3
Cable Franchise Agreement . .
TITLE 12
Airport
Administration And Enforcement 1
General Regulations 2
Airport Zoning Regulations 3
Airport Commission 4
Airport Zoning Commission 5
Airport Zoning Board Of
Adjustment 6
TITLE 13
Public Utilities
Water Use And Service 1
Connections 1A
Water Meters 1B
Rates 1C
Cross Connection Control 1D
Sewers And Sewage Disposal 2
Discharge Regulations 2A
Private Disposal Systems;
3A Private Haulers 2B
City of Dubuque
November 2014
TITLE 13 (cont.)
Rates
Industrial Pretreatment
Program
Fats, Oils And Greases
(FOG) Program
Gas Main Connections
Stormwater Management
Illicit Connections And
Discharges To Storm Sewer
System 5
Solid Waste 6
City Or Private Collection
Service 6A
Signs (Rep. by Ord. 52-09,
10-19-2009) 10
2C Flood Areas 11
Erosion And Sediment Control 12
2D Solar Thermal Licenses 13
Solar Thermal System Permits
2E And Inspections 14
3
4
TITLE 14
Building And Development
Building Codes
Building Code And Regulations
Residential Code
Energy Conservation Code .. .
Electrical Code
Fire Code And Regulations ..
Mechanical Code
Fuel Gas Code
Plumbing Code
Accessibility Code For Readily
Achievable Changes
Building Construction, Demoli-
tion And Moving
Dangerous Buildings
Licensing Of Vacant And/Or
Abandoned Buildings
Historic Buildings
Historic Preservation (Rep. by
Ord. 52-09, 10-19-2009)
Condominium Conversions And
Transfers To Multiple
Housing Cooperative
Exterior Storage Containers
And Storage Trailers 8
Swimming Pools 9
TITLE 15
Planning And Zoning
Comprehensive Plan 1
Long Range Planning Advisory
Commission 2
TITLE 16
Unified Development Code
1
1A PART I. GENERAL PROVISIONS
1B
1C Title, Purpose And General
1D Provisions 1
1E Definitions 2
1F
1G PART II. LAND USE REGULATIONS
1H
Land Use General Provisions . 3
11 Nonconformities 4
Zoning Districts 5
2 Overlay Districts 6
3 Supplemental Use Regulations . 7
Zoning Board Of Adjustment
4 Applications And Procedures .. 8
5 Zoning Advisory Commission
Applications And Procedures .. 9
6 Historic Preservation Commission
Applications And Procedures ... 10
7 PART III. LAND DEVELOPMENT
November 2014
REGULATIONS
Land Subdivision 11
City of Dubuque
14-1D-1 14-1D-2
SECTION:
14-1D-1:
14-1 D-2:
CHAPTER 1
BUILDING CODES
ARTICLE D. ELECTRICAL CODE
National Electrical Code Adopted
National Electrical Code Amendments
14-1D-1: NATIONAL ELECTRICAL CODE ADOPTED: Except as
hereinafter added to, deleted, modified or amended, there is
hereby adopted by reference as the electrical code of the city that certain
electrical code known as the national electrical code, 2011 edition, as
prepared and edited by the National Fire Protection Agency, Quincy,
Massachusetts, and the provisions of such electrical code shall be
controlling in the supply of electricity and in the installation, maintenance
and use of all electrical conductors and equipment and installation of optical
fiber cable within the corporate limits of the city, and shall be known as the
Dubuque electrical code. A copy of the national electrical code, 2011
edition, as adopted, shall be on file in the office of the city clerk for public
inspection. (Ord. 3-12, 1-17-2012)
14-1 D-2: NATIONAL ELECTRICAL CODE AMENDMENTS: The
national electrical code adopted by section 14-1D-1 of this
article is hereby amended as follows:
Article 80.
80-1. Title. These regulations shall be known as the Dubuque
electrical code, cited as such, and will be referred to herein as "this
code".
80-2. Application To Existing Electrical Systems And Equipment.
(a) Additions, Alterations, Or Repairs. Additions, alterations,
or repairs may be made to any electrical system and equip -
April 2012
City of Dubuque
14-1D-2 14-1D-2
ment without requiring the existing electrical system and
equipment to comply with all the requirements of this code,
provided the addition, alteration, or repair conforms to that
required for a new electrical system and equipment and
provided further that no hazard to life, health, or safety will be
created by such additions, alterations, or repairs.
Minor additions, alterations, and repairs to existing electrical
systems and equipment may be made in accordance with the
law in effect at the time the original installation was made,
when approved by the building official.
(b) Existing Installations. Electrical systems and equipment
lawfully in existence at the time of the adoption of this code
may have their use, maintenance, or repair continued if the
use, maintenance, or repair is in accordance with the original
design and no hazard to life, health, or property has been
created by such electrical system and equipment.
(c) Changes In Building Occupancy. Electrical systems and
equipment which are a part of any building or structure
undergoing a change in use or occupancy, as defined in the
Dubuque building code, shall comply with the requirements of
this code which are applicable to the new use or occupancy.
(d) Maintenance. All electrical systems and equipment, both
existing and new, and all parts thereof shall be maintained in
a proper operating condition in accordance with the original
design and in a safe and hazard -free condition. Any devices
or safeguards which are required by this code shall be
maintained in conformance with this code. The owner or
designated agent shall be responsible for the maintenance of
the electrical system. To determine compliance with this
subsection, the building official may cause any electrical
system to be re -inspected.
(e) Moved Building. Electrical systems and equipment which
are a part of buildings or structures moved into or within this
jurisdiction shall comply with the provisions of this code for
new installations.
80-3. Definitions, General. For the purpose of these provisions,
certain terms, phrases, words, and their derivatives shall be
construed as specified in this section. Where terms are not defined,
they shall have their ordinarily accepted meanings within the context
April 2012
City of Dubuque
14-1D-2 14-1D-2
This code shall not be construed to relieve from or lessen the
responsibility of any person owning, operating, or controlling
any building or structure for any damages to persons or
property caused by defects, nor shall the code enforcement
agency or its parent jurisdiction be held as assuming any
such liability by reason of the inspections authorized by this
code or any permits or certificates issued under this code.
(i) Cooperation Of Other Officials And Officers. The building
official may request, and shall receive so far as is required in
the discharge of duties, the assistance and cooperation of
other officials of this jurisdiction.
81-2. Unsafe Electrical Systems Or Equipment. All electrical systems
or equipment regulated by this code which are unsafe or which
constitute a fire hazard or are otherwise dangerous to human life
are, for the purpose of this section, unsafe. Any use of electrical
systems or equipment regulated by this code constituting a hazard to
safety, health, or public welfare by reason of inadequate
maintenance, dilapidation, obsolescence, fire hazard, disaster,
damage, or abandonment is, for the purpose of this section, an
unsafe use.
All such unsafe electrical systems or equipment are hereby declared
to be public nuisances and shall be abated by repair, rehabilitation,
demolition, or removal in accordance with the procedures set forth in
title 1, chapter 4 of the city of Dubuque code of ordinances. As an
alternative, the building official or other employee or official of this
jurisdiction as designated by the governing body may institute any
other appropriate action to prevent, restrain, correct, or abate the
violation.
81-3. Electrical Code Board.
(a) Board Established. In order to determine the suitability of
alternative materials and methods of installation; to provide
for reasonable interpretations of this code; to serve as an
appeal body for the decisions of the building official; to advise
the city council on all electrical regulations and procedures;
and to provide for examining applicants for electrical
maintenance license and issuing electrical maintenance
license, there is hereby created the electrical code board.
(b) Membership. The electrical code board shall consist of
seven (7) members appointed by the city council. Six (6)
City of Dubuque
14-1D-2 14-1D-2
members shall have a background or experience in electrical
engineering, electrical contracting, electrical installation, or
electrical maintenance, and one (1) member shall be
appointed from the public at large.
(c) Term Of Office. The term of office of all board members
shall be three (3) years.
(d) Rules And Regulations. The electrical code board shall
make such rules and prescribe such procedures as may be
reasonably necessary for its operation, except that such rules
shall include the following:
(1) Board Chairperson. The chairperson of the board
shall be a member of the board elected annually by a majority
of the board.
(2) Secretary Of The Board. The building official or
designee shall be secretary of the board. The secretary shall
arrange for meetings and prepare and keep such minutes and
records and perform such other clerical work as the board
may direct.
(3) Quorum. Three (3) members shall constitute a
quorum. The concurring vote of three (3) members of the
board shall be necessary to pass any motion.
(4) Service Until Appointment Of Successor. Upon
completion of the term office, members of the board shall
continue to serve in their full capacity until their successor
has been duly appointed.
(5) Meetings. Regular meetings of the board shall be
held on the fourth (4th) Monday in January, March, May, July,
September, and November. Special meetings may be called
from time to time by the chairperson, the secretary, or the city
manager. When the day fixed for any regular meeting of the
board falls upon a day designated as a legal, national, or city
holiday, such meeting shall be held on the next succeeding
day not a holiday. The secretary shall give notice to the
members of the board if there is no business filed with the
secretary to be heard by the board by noon on the
Wednesday prior to the regular meeting date and such regular
meeting shall stand cancelled. The secretary shall provide
notice of the cancellation of the meeting in the same manner
City of Dubuque
14-1D-2 14-1D-2
as notice of a regular meeting. Members of the board shall
attend at least two-thirds (2/3) of all scheduled meetings within
a twelve (12) month period. If any member does not attend
such prescribed number of meetings, it shall constitute
grounds for the board to recommend to the city council that
said member be replaced.
(6) Attendance. The attendance of all members shall
be entered on the minutes by the secretary.
(7) Conformity With Open Meetings Law. All meetings
shall be held in conformance with provisions of the Iowa open
meetings law.
(8) Minutes. The electrical code board shall file with
the city council a copy of the minutes of each meeting of the
board within ten (10) business days after such meeting.
(9) Administrative Policies. All administrative,
personnel, accounting, budgetary, and procedural policies of
the city shall govern the board in all of its operations.
(10) Duties When Serving As An Appeals Board. Any
person who is aggrieved by a decision of the building official
on any requirements resulting from the enforcement of this
code may appeal from such decision to the board and said
board shall serve as an appeal board. In case the aggrieved
party is a member of said board, said member shall be
disqualified as a member of the board acting as an appeal
board until the person aggrieved has been heard and a
decision rendered.
The appeal shall be made by the person aggrieved, giving
written notice of such appeal to the building official within
seven (7) days of receipt of decision from which the appeal is
taken. The electrical code board, sitting as an appeal board,
shall meet within ten (10) business days after receiving such
notice and render a decision within five (5) business days
thereafter. Any interested party, including the building official,
shall have the right to present their case to the appeal board,
whose decision shall be final unless appealed to the district
court as provided by law.
The board of appeals may reverse or modify a decision of the
building official only on finding that:
City of Dubuque
14-1D-2 14-1D-2
a. The building official had incorrectly interpreted the
provision of this code; or
b. The decision of the building official creates an
unnecessary hardship upon the appellant.
The board of appeals shall require that sufficient evidence or
proof be submitted to substantiate any claims made regarding
the use of alternates.
All appeal hearings shall be conducted in accordance with the
procedures specified in this code.
(e) Limitations Of Authority. The board of appeals shall have
no authority relative to interpretation of the administrative
provisions of this code nor shall the board be empowered to
waive requirements of this code.
In so modifying or reversing such decision of the building
official, the board of appeals may authorize any alternate to
the decision of the building official and the provisions,
provided it finds the proposed material or method of
construction is satisfactory for the use intended and complies
with the provisions of this code and that the material, method,
or work offered is, for the purpose intended, at least
equivalent to that prescribed by this code in suitability,
strength, effectiveness, durability, and safety.
81-4. Violations. It shall be unlawful for any person, firm, or
corporation to erect, construct, enlarge, alter, repair, move, improve,
remove, convert, demolish, equip, use, or maintain any electrical
system or equipment or cause or permit the same to be done in
violation of this code.
The doing of any act, or the omission of any act, declared to be
unlawful by this code or any code or ordinance herein adopted by
reference shall be deemed a separate offense for each and every
day or portion thereof during which any such unlawful act is
committed, continued, or permitted; and, upon conviction, shall be
punishable as provided in title 1, chapter 4 of the city of Dubuque
code of ordinances. The penalty therein provided shall be cumulative
with and in addition to the revocation, cancellation, or forfeiture of
any license or permit elsewhere in this code provided for violation
thereof.
City of Dubuque
14-1D-2 14-1D-2
83-10. Suspension Of Permit Privilege For Multiple Violations. Where
a licensed electrical contractor is found doing electrical work without
an electrical permit on three (3) separate occasions in one (1) year,
a hearing shall be held by the building official at which time the
permit privileges of said electrical contractor may be suspended for a
period of time not to exceed one (1) year. The members of the
Dubuque electrical code board as established by article 81-3 shall be
present at such hearings and shall act as advisors to the building
official in determining what course of action should be taken.
(Ord. 17-09, 3-16-2009, eff. 5-1-2009)
83-12. Display Of License. Every holder of a state of Iowa electrical
license shall be able to produce their current license when on the job
site or when making application for an electrical permit.
(Ord. 3-12, 1-17-2012)
83-13. Transferability. No license may be loaned, rented, assigned,
or transferred. No holder of a valid license shall obtain a permit
under said license and then sub -contract, sell, or otherwise assign
the work covered by said permit to a person or firm who does not
have a valid license.
(Ord. 17-09, 3-16-2009, eff. 5-1-2009)
334.10 Uses Permitted.
Type NM, type NMC, and type NMS cables shall be permitted to be
used in the following:
(1) One- and two-family dwellings
This section was revised for the 2011 code to clarify that the
requirements for the use of nonmetallic -sheathed cable in
garages of one- and two-family dwellings apply regardless of
whether the garage is attached or detached. The same
requirements also apply to detached sheds or storage build-
ings associated with one- and two-family dwellings.
(2) Multifamily dwellings, two (2) stories or less in height,
permitted to be of types III, IV, and V construction except as
prohibited in 334.12.
(3) Other residential or accessory structures, two (2) stories
or Tess in height, permitted to be of types III, IV, and V
construction except as prohibited in 334.12. Cables shall be
concealed within walls, floors, or ceilings that provide a
April 2012
City of Dubuque
14-1D-2 14-1D-2
thermal barrier of material that has at least a fifteen (15)
minute finish rating as identified in listings of fire -rated
assemblies.
(4) Manufactured buildings as defined and regulated in article
545 of the national electrical code. Manufactured buildings
must comply with the provisions of article 545.
A well-established means of codifying fire protection and fire safety
requirements is to classify buildings by types of construction, based
on materials used for the structural elements and the degree of fire
resistance afforded by each element. The five fundamental construc-
tion types used by the model building codes are type I (fire
resistive), type II (noncombustible), type III (combination of
combustible and noncombustible), type IV (heavy timber), and type V
(wood frame). Types I and 11 basically require all structural elements
to be noncombustible, whereas types 111, IV, and V allow some or all
of the structural elements to be combustible (wood).
The selection of building construction types is regulated by the local
building code, based on the occupancy, height, and area of the
building. When a building of a selected height (in feet or stories
above grade) and area is permitted to be built of combustible con-
struction (i.e., types III, IV, or V), the installation of nonmetallic -
sheathed cable is permitted. The common areas (corridors) and
incidental and subordinate uses (laundry rooms, lounge rooms, etc.)
that serve a multifamily dwelling occupancy are also considered part
of the multifamily occupancy, thereby allowing the use of non-
metallic -sheathed cable in those areas.
If a building is to be of noncombustible construction (i.e., type I or H)
by the owner's choice, even though the building code would permit
combustible construction, the building is allowed to be wired with
nonmetallic -sheathed cable. In such an instance, nonmetallic -
sheathed cable may be installed in the noncombustible building
because the code would have permitted the building to be of
combustible construction.
Section 334.10(5), which was previously in 334.10(A)(1), Exception,
permits type NM, nonmetallic -sheathed cables to be installed in type
I and type II construction if the cables are within permitted raceways.
A raceway is only permitted to be used if it complies with the article
for the raceway and its use does not violate another article in the
code.
April 2012
City of Dubuque
14-1D-2 14-1D-2
(A) Type NM. Type NM cable shall be permitted as follows:
(1) For both exposed and concealed work in normally
dry locations except as prohibited in 334.10(3)
(2) To be installed or fished in air voids in masonry
block or tile walls
(B) Type NMC. Type NMC cable shall be permitted as follows:
(1) For both exposed and concealed work in dry, moist,
damp, or corrosive locations, except as prohibited by
334.10(3)
(2) In outside and inside walls of masonry block or tile
(3) In a shallow chase in masonry, concrete, or adobe
protected against nails or screws by a steel plate at least 1.59
mm (1/16 in.) thick and covered with plaster, adobe, or similar
finish
(C) Type NMS. Type NMS cable shall be permitted as follows:
(1) For both exposed and concealed work in normally
dry locations except as prohibited by 334.10(3)
(2) To be installed or fished in air voids in masonry
block or tile walls
(Ord. 3-12, 1-17-2012)
404.1(A) Height Requirements.
This includes, but is not limited to, receptacles, switches, dimmers,
thermostats, timers, fuses, equipment disconnects, and circuit -
breakers whether located inside or outside of a building or structure.
In all places accessible to persons with disabilities, the height
requirements of all electrical utilization or control devices shall be as
follows:
(1) The minimum height of a required wall mounted electrical
device shall not be less than 0.38 m (15 inches), measured
from the finished floor height to the center of the usable part
of the device.
April 2012
City of Dubuque
14-1D-2 14-1D-2
(2) The maximum height of a required wall mounted electrical
device shall not be greater than 1.22 m (48 inches),
measured from the floor to the center of the usable part of the
device.
(3) The maximum height of a required wall mounted electrical
device installed over the surface of a counter top shall not be
greater than 1.17 m (46 inches), measured from the floor to
the center of the usable part of the device.
406,1(A) Height Requirements.
This includes, but is not limited to, receptacles, switches, dimmers,
thermostats, timers, fuses, equipment disconnects, and circuit -
breakers whether located inside or outside of a building or structure.
In all places accessible to persons with disabilities, the height
requirements of all electrical utilization or control devices shall be as
follows:
(1) The minimum height of a required wall mounted electrical
device shall not be less than 0.38 m (15 inches), measured
from the finished floor height to the center of the usable part
of the device.
(2) The maximum height of a required wall mounted electrical
device shall not be greater than 1.22 m (48 inches),
measured from the floor to the center of the usable part of the
device.
(3) The maximum height of a required wall mounted electrical
device installed over the surface of a counter top shall not be
greater than 1.17 m (46 inches), measured from the floor to
the center of the usable part of the device.
408.1(A) Height Requirements.
This includes, but is not limited to, receptacles, switches, dimmers,
thermostats, timers, fuses, equipment disconnects, and circuit
breakers whether located inside or outside of a building or structure.
In all places accessible to persons with disabilities, the height
requirements of all electrical utilization or control devices shall be as
follows:
April 2012
City of Dubuque
14-1D-2 14-1D-2
(1) The minimum height of a required wall mounted electrical
device shall not be less than 0.38 m (15 inches), measured
from the finished floor height to the center of the usable part
of the device.
(2) The maximum height of a required wall mounted electrical
device shall not be greater than 1.22 m (48 inches),
measured from the floor to the center of the usable part of the
device.
(3) The maximum height of a required wall mounted electrical
device installed over the surface of a counter top shall not be
greater than 1.17 m (46 inches), measured from the floor to
the center of the usable part of the device.
Article 408.4(A) Additional Labeling Of Electrical Service Panels And
Switchboards.
The labeling shall be expanded to include the name of contracting
company (installer) and the contact information for same and shall
be installed at or on the main electrical service panel. Additionally it
will list all of the following:
(1) Location(s) of all accessible bolted grounding connections
to any metal water service piping.
(2) Approximate location(s) of all buried ground -rod connec-
tions, if any installed.
(3) Approximate location of all bolted grounding connections
to reinforcing steel in foundation if installed.
(4) Location(s) of all accessible bolted bonding connections to
building steel and all other metal piping systems including gas
piping, sprinklers, etc.
(5) Location of the intersystem bonding terminal bus bar.
Irreversible connections (compression, exothermic, etc.) are
not required to be accessible.
(Ord. 17-09, 3-16-2009, eff. 5-1-2009)
April 2012
City of Dubuque
7/
16-11-2 16-11-2
C. Southwest Arterial Corridor Subdivision Review: A proposed plat that
divides any parcel within the southwest arterial corridor into two (2)
or more lots, and any preliminary plat within the southwest arterial
corridor must be submitted to the city council for review. No plat for
any subdivision or resubdivision of property in the southwest arterial
corridor, as delineated on drawings on file in the city clerk's office,
may be approved by the city council, from the effective date hereof
to July 1, 2015, except where a vested right to the issuance of such
approval accrued prior to the effective date hereof. (Ord. 40-14,
6-16-2014)
Notwithstanding the foregoing, the city council may approve a
proposed plat or preliminary plat upon a determination that the
proposed subdivision will not negatively impact the acquisition of
right of way along the preferred alignment of the southwest arterial
corridor. The applicant shall provide the city council with a plat
prepared by a licensed engineer or land surveyor that accurately
depicts the parcel(s) to be subdivided and the location of the Iowa
(southwest arterial) corridor boundaries. The city council shall also
consider any recommendation from the southwest arterial technical
committee regarding potential negative impacts, if any, that would
result from approval of the proposed plat or preliminary plat and the
subsequent development of the parcel(s). (Ord. 7-11, 1-18-2011)
November 2014
City of Dubuque
-B- -B-
BICYCLES (cont.)
Bicycle Dealers And Repair Shops 7-7-37
Bicycle In Crosswalk 7-7-18
Bicycle Not To Pass In Or Between Lanes 7-7-16
Bicycle Parking 7-7-10
Bicycle Parking Required 16-14-9
Bicycle Records 7-7-32
Bicycle To Be Driven To The Right 7-7-11
Bicycle Turn Signals 7-7-12
Bicycles; Motor Vehicles And Traffic 9-1-321.2C
Clinging To Vehicles 7-7-8
Definitions 7-7-5
Equipment 7-7-6
Following Fire Apparatus 7-7-9
Intent And Purpose 7-7-1
Left Turns By Bicycles 7-7-13
Parking Lot Provisions For Bicycle Parking 16-13-3-5-1
Passing On Right 7-7-14
Passing Within Lane Prohibited 7-7-15
Reckless Operator Of A Bicycle 7-7-20
Registration Fees 7-7-31
Registration Required 7-7-30
Registration Sticker Or Decal 7-7-33
Rental Agencies 7-7-36
Replacement Of Registration Sticker Or Decal 7-7-34
Required Method Of Riding A Bicycle 7-7-7
Riding Abreast 7-7-17
Violation 7-7-38
BOARD OF LIBRARY TRUSTEES
Annual Reports 2-7-7
Charge Of Building, Donations 2-7-6
Compensation 2-7-3
Composition 2-7-1
Eligibility For Membership 2-7-2
Powers And Duties Generally 2-7-5
Terms Of Members; Filling Of Vacancies 2-7-4
BOARDS AND COMMISSIONS
Airport Commission 12-4
Airport Zoning Board Of Adjustment 12-6
Airport Zoning Commission 12-5
Arts And Cultural Affairs Advisory Commission 2-8
Board Of Library Trustees 2-7
Cable Television Commission 2-11
Civic Center Advisory Commission 2-4
Civil Service Commission 2-2
Environmental Stewardship Advisory Commission 2-6
November 2014
City of Dubuque
-B- -B-
BOARDS AND COMMISSIONS (cont.)
Hearings And Appeals 2-1
Historic Preservation Commission 16-10
Housing Agency And Community Development
Commissions 2-5
Community Development Advisory Commission 2-5C
Housing Commission 2-5B
Trust Fund Advisory Committee 2-5D
Housing Code Appeals Board 6-6-8
Human Rights Commission 8-2
Investment Oversight Advisory Commission 2-3
Long Range Planning Advisory Commission 15-2
Park And Recreation Advisory Commission 10-5A-2
Sister City Relationships Advisory Commission 2-9
Transit Advisory Board 5-1
Zoning Advisory Commission 16-9
Zoning Board Of Adjustment 16-8
BOATS, BOATING AND WATERFRONT STRUCTURES
Activities Prohibited 10-7-13
Boat Landing Areas 10-7-4
Conducting Trade Or Business In Pleasure Craft Spaces 10-7-7
Definitions 10-7-2
Driving Over Ice 10-7-14
Floats, Boathouses Maintained In Orderly Condition 10-7-6
Intent 10-7-1
Launching, Removing Boat From Water At Public Launching
Ramps 10-7-8
Mooring Of Boathouses And Floats Along Waterfront 10-7-5
No Parking Areas 10-7-12
Removal Of Sunken, Derelict Or Abandoned Craft 10-7-11
Repairs To Boats At Public Launching Ramps 10-7-9
Unlawful Deposits 10-7-3
Water Operation Rules 10-7-10
BUILDING AND DEVELOPMENT
Building Codes 14-1
Accessibility Code For Readily Achievable Changes 14-11
Building Code And Regulations 14-1A
Electrical Code 14-1D
Energy Conservation Code 14-1C
Fire Code And Regulations 14-1E
Fuel Gas Code 14-1G
Mechanical Code 14-1F
Plumbing Code 14-1H
Residential Code 14-1B
November 2014
City of Dubuque
-E- -E-
ELECTIONS, PRECINCTS AND WARDS (cont.)
Precinct 20 1-8-23
Ward 1 1-8-25
Ward 2 1-8-26
Ward 3 1-8-27
Ward 4 1-8-28
ELECTRIC FRANCHISES
Interstate Power Company
Accessions To Franchise 11-5A-6
Acquisition At Expiration 11-5A-22
Adoption 11-5A-24
Company Rules 11-5A-13
Cure Of Defaults 11-5A-20
Definitions 11-5A-1
Excavations And Other Works 11-5A-4
Extension Of Service 11-5A-10
Forfeiture Of Franchise 11-5A-17
Franchise Fee 11-5A-23
Grant Of Franchise 11-5A-2
Indemnification 11-5A-15
Maps Of Distribution System 11-5A-14
Nonassignment 11-5A-16
Rates 11-5A-11
Regulatory Review 11-5A-8
Relocation Of Service Lines 11-5A-5
Reports To City Council 11-5A-12
Representation Of Company 11-5A-7
Reservation Of Home Rule Powers 11-5A-21
Reserved Regulatory Rights 11-5A-9
Revival 11-5A-19
Severability 11-5A-18
Street Usage 11-5A-3
Maquoketa Valley Electric Cooperative
Accessions To Franchise 11-5B-6
Acquisition At Expiration 11-5B-22
Adoption 11-5B-24
Company Rules 11-5B-13
Cure Of Defaults 11-5B-20
Definitions 11-5B-1
Excavations And Other Works 11-5B-4
Extension Of Service 11-5B-10
Forfeiture Of Franchise 11-5B-17
Franchise Fee 11-5B-23
Grant Of Franchise 11-5B-2
Indemnification; Insurance 11-5B-15
Maps Of Distribution System 11-5B-14
November 2014
City of Dubuque
-E- -E-
ELECTRIC FRANCHISES (cont.)
Meters 11-5B-8
Nonassignment 11-5B-16
Rates 11-5B-11
Relocation Of Service Lines 11-5B-5
Reports To City Council 11-5B-12
Representation Of Company 11-5B-7
Reservation Of Home Rule Powers 11-5B-21
Reserved Regulatory Rights 11-5B-9
Revival 11-5B-19
Severability 11-5B-18
Street Usage 11-5B-3
ELECTRIC TRANSMISSION LINE COMPANIES, PROCEDURES
FOR LICENSING (See PROCEDURE FOR LICENSING
ELECTRIC TRANSMISSION LINE COMPANIES)
ELECTRICAL CODE
National Electrical Code Adopted 14-1D-1
National Electrical Code Amendments 14-1D-2
EMERGENCY LOCATION FOR CITY GOVERNMENT 1-10-3
EMERGENCY MANAGEMENT
Comprehensive Citywide Disaster Plan 7-3-3 !'
Obedience To Mayor's Emergency Proclamations 7-3-1
Office Of Local Coordinator 7-3-2
EMERGENCY SUCCESSION DURING DISASTER
Appointment 1-11-3
Definitions 1-11-2
Purpose 1-11-1
Termination Of Authority By Council 1-11-4
ENCROACHMENTS ON PUBLIC PLACES
Hold Harmless 10-3-2
Insurance 10-3-3
Intent And Purpose 10-3-1
Newsracks
Abandonment 10-3B-6
Definitions 10-3B-1
Identification 10-3B-4
Location And Size 10-3B-2
Standards 10-3B-3
Violations 10-3B-5
Other Encroachments
Compliance With Historic Preservation Regulations 10-3D-3
Covenant Of Permit Holder 10-3D-5
Definition 10-3D-1
Maintenance 10-3D-4
Permit Requirements; Fees 10-3D-2
November 2014
City of Dubuque
-M- -M-
MOTOR VEHICLES AND TRAFFIC (cont.)
Residential Parking Permit District C 9-14-321.735
Residential Parking Permit District D 9-14-321.736
Residential Parking Permit District E 9-14-321.737
Residential Parking Permit District F 9-14-321.738
Residential Parking Permit District G 9-14-321.739
Residential Parking Permit District H 9-14-321.740
Residential Parking Permit Program Established . 9-14-321.722
Responsibility Of Permit Holder 9-14-321.728
Transfer Of Residential Parking Permit 9-14-321.727
Waiver Of Residential Parking Permit Regulations 9-14-321.730
Withdrawal Of Designation Of Residential Parking
Permit District 9-14-321.731
Restrictions During Snow Removal
Declaration Of Emergency 9-14-321.683
Parking Lots 9-14-321.684
Parking So As To Interfere With Plowing Or
Removal Prohibited 9-14-321.681
Removal Of Obstructing Vehicles 9-14-321.685
Snow Route, Restricted Parking 9-14-321.682
Pedestrians' Rights And Duties
Crossing At Other Than Crosswalk 9-8-321.328
Duty Of Driver 9-8-321.329
Duty Of Drivers Upon Approaching Blind Persons 9-8-321.333
Right Of Way 9-8-321.327
Solicitation Of Rides 9-8-321.331
Use Of Crosswalks 9-8-321.330
Walking On Highways 9-8-321.326
White Canes Restricted To Blind Persons 9-8-321.332
Powers Of Local Authorities
Posting Required 9-6-321.237
School Zones 9-6-321.249
Registration, Certification Of Title, And Proof Of Security
Against Financial Liability
Display Of Plates 9-2-321.37
Method Of Attaching Plates 9-2-321.38
Registration Card Carried In Vehicle 9-2-321.32
Registration Required 9-2-321.17
School Buses
Manner Of Stopping Buses 9-11-321.372A
School Buses Discharging Pupils 9-11-321.372
Size, Weight And Load
Drawbars And Safety Chains 9-13-321.462
Size, Weight, And Load Restrictions
Loading Beyond Front 9-13-321.458
Projecting Loads On Passenger Vehicles 9-13-321.455
Spilling Loads On Streets 9-13-321.458A
City of Dubuque
MOTOR VEHICLES AND TRAFFIC (cont.)
Special Antitheft Law
Vandalism 9-3-321.78
Special Stops Required
Certain Vehicles Must Stop At Railroad Crossings 9-9-321.343
Entering Street From Private Roadway 9-9-321.353
Stop Required In Obedience To Signal Of Train 9-9-321.341
Stopping, Standing Or Parking 9-9-321.358
Vehicles For Hire And Public Transportation 4-7
N
NATIONAL ELECTRICAL CODE ADOPTED 14-1D-1
NEWSRACKS (See Also ENCROACHMENTS ON PUBLIC
PLACES) 10-3B
NOISES
City Contracts, Contractors And Subcontractors 6-5-5
Enforcement 6-5-6
Exempt Noises 6-5-3
Prohibited Noises 6-5-1
Residential Air Conditioners 6-5-4
Unlawful Use Of Buildings 6-5-2
Variance Permits 6-5-7
Vehicle Noises 9-16-321.800
NONFRANCHISED COMMUNICATIONS SYSTEMS 11-1
NUISANCES
Abatement Remedies; Penalties 6-4-5
Definitions 6-4-2
Emergency Abatement Procedure 6-4-6
Public Nuisance Defined; Public Nuisances Enumerated 6-4-3
Public Nuisances Prohibited; Authority To Abate 6-4-4
Purpose 6-4-1
0
OBSTRUCTING PUBLIC WAYS AND PROPERTY 6-4-31
OFFENSES
Crime Property
Definitions 7-5C-1
Effect Of Notice 7-5C-7
Notice 7-5C-5
Preenforcement Procedure 7-5C-3
City of Dubuque
OFFENSES (cont.)
Procedure For Enforcement 7-5C-4
Service Of Notice 7-5C-6
Specified Crime Property Prohibited 7-5C-2
Drug Paraphernalia
Drug Paraphernalia Defined 7-5B-1
Prohibited Acts 7-5B-2
Sniffing Glue Or Other Chemical Substances 7-5B-4
Under The Influence Of Controlled Substance 7-5B-3
General Offenses
Advertising Materials; Billposting; Littering 7-5A-5
Aggressive Panhandling Prohibited 7-5A-17
Criminal Mischief 7-5A-12
Defacing Notices 7-5A-6
Disorderly Conduct 7-5A-1
False And Fraudulent Reports 7-5A-3
False Representation Of Records Or Processes 7-5A-4
Hunting And Target Practice Permitted 7-5A-16
Loitering For Illegal Purposes 7-5A-7
Offenses Relating To Officers And Employees 7-5A-2
Professional Boxing Elimination Tournaments 7-5A-13
Public Urination Or Defecation 7-5A-9
Ringing Of Bells Or Gongs 7-5A-8
Tobacco Products To Underage Persons 7-5A-15
Unauthorized Computer Access 7-5A-11
Underage Persons Entering Gambling Facilities 7-5A-14
Unlawful Assembly 7-5A-18
Weapons, Firearms And Fireworks 7-5A-10
Parental Responsibility
Definitions 7-5D-1
Penalties 7-5D-4
Reasonable Control Over Minor 7-5D-2
Violation 7-5D-3
Social Host Responsibility
Affirmative Defense 7-5E-6
Definitions 7-5E-2
Enforcement 7-5E-9
Evidence Of Possession And Consumption 7-5E-7
Exemption 7-5E-5
Penalties 7-5E-8
Prohibited Acts 7-5E-4
Purpose 7-5E-1
Severability 7-5E-10
Social Host Duties 7-5E-3
OFFICE ZONING DISTRICTS 16-5-7, 16-5-8, 16-5-9
July 2014
City of Dubuque
-0- -P-
OFFICERS AND EMPLOYEES, CITY
Bonds Of Officers And Employees 1-7-1
City Attorney 1-7-6
City Clerk And Assistant City Clerk 1-7-5
City Manager 1-7-4
Deposits Of City Funds 1-7-2
Finance Director -City Treasurer 1-7-7
Offenses Relating To Officers And Employees 7-5A-2
Transfer Of Records And Property To Successor 1-7-3
OPEN VIDEO SYSTEMS (See Also CABLE RIGHT OF WAY
REGULATIONS) 11-2B
ORDINANCES AND RESOLUTIONS
Effect Of Repeal Of Ordinance 1-6A-2
Ordinances, Resolutions And Motions 1-6A-12
P
PARADES, ASSEMBLIES AND SPECIAL EVENTS
Assemblies 10-4-2
Definitions 10-4-1
Parades And Special Events 10-4-3
Private Property 10-4-4
PARKING REGULATIONS 9-14-321.600 — 9-14-321.744
PARKS AND RECREATION
Administration
Park And Recreation Advisory Commission 10-5A-2
Park Rangers 10-5A-1
Specific Parks, Open Spaces And Trails
Specific Park Areas, Open Spaces, And Trails
Described 10-5C-1
Use Regulations
Climbing On Fences, Roofs 10-5B-13
Compliance With Motor Vehicle Laws, Ordinances 10-5B-20
Definitions 10-5B-1
Dogs, Cats And Other Domestic Animals 10-5B-4
Fires 10-5B-17
Horsedrawn Vehicles, Riding Of Animals Restricted 10-5B-3
Interfering With Animals 10-5B-7
Intoxicating Beverages 10-5B-2
Loosening Stones From Bluffs Prohibited 10-5B-18
Meetings And Gatherings 10-5B-16
Moving Benches And Tables 10-5B-14
Obstructions 10-5B-9
Open Season And Hours Generally 10-5B-22
July 2014
City of Dubuque
PARKS AND RECREATION (cont.)
Possession Of Firearms, Weapons And Fireworks 10-5B'12
Posting Bills, Notices Or Signs 1O -5B -1O
Removal Of Unattended Vehicles Left After Closing
Hours 10-5B-21
Sales Restricted 1O -5B-11
Throwing Stones Or Other Missiles 10-5B-0
Unlawful Deposits 1O -5B-8
Use Of Spotlights, Searchlights 10-5B-15
Walking On Grass 1O -5B-5
Washing Vehicles 1O -5B-19
PAWNBROKERS AND SECONDHAND DEALERS; JUNK AND
AUTO SALVAGE DEALERS
Junk Dealers And Auto Saivage Dealers
Application Contents 4-0B-5
Definitions 4-6B-1
Denial, Suspension Or Revocation Of License 4-6B-9
Display Of License 4-6B-7
Exemptions From Article 4-6B-8
Inspection 4-6B-13
Investigation Of Applicant And Premises 4-6B-0
License 4-6B-3
Penalties 4-6B-2
Persons Eligible 4-6B-4
Prohibited Acts 4-0B-11
Purchases Or Donation Transactions 4-6B-12
Required Records 4 -6B -1O
Screening Requirements For Junk And Saivage
Operations 4-6B-14
Pawnbrokers And Secondhand Dealers
Application Contents 4-6A-5
Definitions 4-6A-1
Dania|, 8unpeneion, Or Revocation Of License 4-0A,10
Display Of License 4-6Ar8
Exemptions From Article 4-6A-9
Inspection 4-0A-13
lnvestigation Of Applicant And Premises 4-0A-6
License 4-6A-3
Penalties 4-6A-2
Persons Eligible 4-6A-4
Prohibited Acts 4-6A-12
Proof Of Financial Responsibility 4-6A-7
Required Records 4-6A-11
PAYDAY LENDING ESTABLISHMENTS (See also UNIFIED
DEVELOPMENT CODE) 16-7-5
PEDESTRIANS' RIGHTS AND DUTY 8-8-321.320-9-8-321.333
November 2014
City of Dubuque
-P- -P-
PENALTY, GENERAL (See Also GENERAL PENALTY, CITY
CODE) 1-4
PLANNING AND ZONING
Comprehensive Plan
Community Planning Defined 15-1-3
Comprehensive Plan Defined 15-1-1
Elements Of Comprehensive Plan 15-1-2
Long Range Planning Advisory Commission
Commission Created; Composition 15-2-1
Organization; Meetings 15-2-4
Powers 15-2-3
Procedures For Operations 15-2-5
Term Of Office 15-2-2
Unified Development Code Title 16
PLUMBING CODE
Backflow Prevention Requirements For
Existing Water Services 14-1H-5
New Residential Construction 14-1H-4
Inspection Fees 14-1H-6
International Plumbing Code Adopted 14-1H-1
International Plumbing Code Amendments 14-1H-2
Licensure And Certification 14-1H-3
POLICE DEPARTMENT
Fees For Police Department Services 7-1-1
POLICE, FIRE AND PUBLIC SAFETY
Alarm System Permits 7-4
Animal Control 7-6
Dangerous Animals 7-6D
Dogs And Cats 7-6B
Miscellaneous Provisions 7-6A
Potentially Vicious Dogs 7-6E
Rabies Control 7-6C
Bicycles 7-7
Emergency Management 7-3
Fire Department 7-2
Offenses 7-5
Crime Property 7-5C
Drug Paraphernalia 7-5B
General Offenses 7-5A
Parental Responsibility 7-5D
Police Department 7-1
PROCEDURE FOR LICENSING ELECTRIC TRANSMISSION
LINE COMPANIES
Distance From Buildings 11-6-7
Grant Of License 11-6-1
Licensee Fee 11-6-2
November 2014
City of Dubuque
PROCEDURE FOR LICENSING ELECTRIC TRANSMISSION
LINE COMPANIES (cont.)
Manner Of Construction 11-6-6
Nonuse; Revocation Of License; Extensions Of Time 11-6-8
Petition 11-6-4
Petition For License; Informational Meetings Held 11-6-3
Public Hearing 11-6-5
Wires Across Railroad Right Of Way At Highways 11-6-9
PROPERTY TAX
Partial Exemption From Property Taxation 3-1-1
PUBLIC UTILITIES
Gas Main Connections
City Authority To Make Connection 13-3-3
City Authority To Require 13-3-1
Notice To Owners 13-3-2
Time Limit For Completion 13-3-4
Illicit Connections And Discharges To Storm Sewer System
Appeal Of Notice Of Violation 13-5-14
Applicability 13-5-2
Cost Of Abatement OfViolation 13-5-16
Definitions 13-5-1
Discharge Prohibitions 13-5-6
Enforcement 13-5-13
Enforcement Measures After Appeal 13-5-15
Industrial Or Construction Activity Discharges 13-5-8
Injunctive Relief 13-5-17
Monitoring Of Discharges 13-5-9
Notification Of Spills 13-5-12
Prevent, Control And Reduce Pollutants By Use Of
BMPs 13-5-10
Remedies Not Exclusive 13-5-19
Responsibility For Administration 13-5-3
Severability 13-5-4
Suspension Of MS4 Access 13-5-7
Ultimate Responsibility 13-5-5
Violations Deemed Public Nuisance 13-5-18
Watercourse Protection 13-5-11
Sewers And Sewage Disposal 13-2
Discharge Regulations 13-2A
Industrial Pretreatment Program 13-2D
Private Disposal Systems; Private Haulers 13-2B
Rates 13-2C
Solid Waste 13-6
City Or Private Collection Service 13-6A
Stormwater Management 13-4
November 2014
City of Dubuque
-P- -R-
PUBLIC UTILITIES (cont.)
Water Use And Service 13-1
Connections 13-1A
Cross Connection Control 13-1D
Rates 13-1C
Water Meters 13-1B
PUBLIC WAYS AND PROPERTY
Boats, Boating And Waterfront Structures 10-7
Encroachments On Public Places 10-3
Mailboxes 10-3F
Newsracks 10-3B
Other Encroachments 10-3D
Projecting Signs 10-3C
Sidewalk Cafes 10-3E
Waste Collection Receptacles 10-3A
Excavations 10-2
Parades, Assemblies And Special Events 10-4
Parks And Recreation 10-5
Administration 10-5A
Specific Parks, Open Spaces And Trails 10-5C
Use Regulations 10-5B
Railroads 10-6
Streets, Sidewalks And Other Public Places 10-1
Valet Drop Off Parking; Permit Requirements 10-8
Q
R
RABIES CONTROL (See Also ANIMAL CONTROL) 7-6C
RAILROADS
Maintenance Of Crossings, Rights Of Way 10-6-3
Parking Near Certain Streets Prohibited 10-6-5
Speed Restrictions 10-6-1
Unlawful Deposits 10-6-2
Use Of Certain Track As Team Track Restricted 10-6-4
RECKLESS DRIVING 9-7-321.277
RESIDENTIAL CODE
International Residential Code Adopted 14-1 B-1
International Residential Code Amendments 14-1 B-2
RESIDENTIAL RELOCATION ASSISTANCE PROGRAM (See
Also ECONOMIC DEVELOPMENT) 3-4D
November 2014
City of Dubuque
-R- -R-
RESIDENTIAL ZONING DISTRICTS 16-5-2 — 16-5-6
RESOLUTIONS (See ORDINANCES AND RESOLUTIONS)
REVENUE AND TAXATION
Economic Development
Industrial Projects 3-4A
Residential Relocation Assistance Program 3-4D
Speculative Shell Buildings Of Community
Development Organizations And For Profit Entities 3-4C
Hotel And Motel Tax 3-3
Property Tax 3-1
Revitalization Areas 3-2
REVITALIZATION AREAS
Cathedral 3-2-9
Jackson Park 3-2-2
Langworthy 3-2-7
Old Main 3-2-8
Purpose 3-2-1
Stout Place 3-2-6
Upper Main 3-2-5
Washington Street 3-2-4
West Eleventh Street 3-2-3
RIGHTS OF WAY
Cable Right Of Way Regulations 11-2
Cable Communications 11-2A
Open Video Systems 11-2B
Cable Television 11-3
Cable Franchise Agreement 11-3A
Cable Services Customer Service Standards 11-3E
Rates And General Regulations 11-3D
Electric Franchises 11-5
Interstate Power Company 11-5A
Maquoketa Valley Electric Cooperative 11-5B
Gas Franchise 11-4
Nonfranchised Communications Systems
Amendment To License 11-1-5
Application For License 11-1-3
Construction Of Chapter 11-1-16
Definitions 11-1-1
Failure To Secure, Renew Or Comply With License 11-1-11
Granting Of License 11-1-4
Hold Harmless; Insurance; Bond 11-1-10
License Fees 11-1-8
License Required 11-1-2
Notice; Appeal 11-1-15
Police Regulations 11-1-17
Regulations 11-1-6
November 2014
City of Dubuque
-R- -S-
RIGHTS OF WAY (cont.)
Reimbursement For City Cost Associated With
Construction Activities 11-1-9
Relocation Or Removal When Required By Public
Needs 11-1-7
Transfers And Assignments 11-1-12
Undergrounding 11-1-14
Use Of Poles 11-1-13
Procedure For Licensing Electric Transmission Line
Companies 11-6
RUNNING AT LARGE, ANIMALS 7-6B-7
8
SAFETY BELTS AND SAFETY HARNESSES IN VEHICLES . . . 9-12-321.445
SALARIES (See COMPENSATION AND SALARIES)
SAVING CLAUSE, CITY CODE
Effect Of Repeals 1-2-2
Severability Of Parts Of Code 1-2-1
SEAL, CITY 1-10-4
SECONDHAND DEALERS (See Also PAWNBROKERS AND
SECONDHAND DEALERS; JUNK AND AUTO SALVAGE
DEALERS) 4-6A �
SEWERS AND SEWAGE DISPOSAL
Certain Disposal Methods Prohibited 13-2-2
Conformance With City Plumbing Rules And Regulations 13-2-5
Connection To Public Sewer 13-2-3
Connections Prior To Improving Streets 13-2-4
Construction, Maintenance And Operation Costs 13-2-6
Definitions 13-2-1
Destruction Of Sewage Works Property 13-2-8
Discharge Regulations
Authority To Enter Easement Property For Sewage
Works Inspection And Repair 13-2A-10
Authority To Enter Properties For Testing Discharges 13-3A-9
Authority To Regulate Discharge Of Harmful
Substances 13-2A-4
Discharge Of Harmful Substances 13-2A-3
Discharge Of Objectionable Items 13-2A-2
Discharge Of Stormwater And Other Unpolluted
Drainage 13-2A-1
Manholes, Meters And Sampling Equipment 13-2A-7
Responsibilities Of Owners Of Treatment Or Flow
Equalizing Facilities 13-2A-6
November 2014
City of Dubuque
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