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Supplement No. 18 - Code of Ordinances - June, 2015STERLING CODIFIERS 3906 Schreiber Way Coeur d'Alene, ID ` 83815 (208) 665-7193 15 INSTRUCTION° SHEET: REMOVE PAGE HEADED 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 /