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Supplement No. 14 - Code of Ordinances - March, 2014STERLING CODIFIERS
3906 Schreiber Way
Coeur d'Alene, ID 83815
(208) 665-7193
R
4 MAR 18 AP
Clerk
Dt buq i
INSTRUCTION SHEET•.
REMOVE PAGE HEADED
DUBUQUE, Iowa
Supplement No. 14/March, 2014
Includes Ordinances 53-13, 54-13, 55-13, 56-13, 2-14, 3-14,
6-14, 7-14, 8-14, 11-14 and code change
VOLUME
Preface
TITLE 4:
4-6A-1, Chapter 6, Article A. Pawnbrokers
and following ten pages
TITLE 6.
6-4-3, m. Disorderly conduct
6-7-2, Person: Individual, corporation
TITLE 7:
7-2-1, Chapter 2, Fire Department
7-5A-16, 5. Revocation Or Suspension Of
and following page
TITLE 9:
9-4-321.90, Chapter 4, Drivers' Licenses
9-7-321.300, 9-7-321.300 - 9-7-321.301
TITLE 10:
10-5A-1, Chapter 5, Article A. Administration
10-5B-2, 10-5B-2: Intoxicating Beverages
and following four pages
TITLE 11:
11-4-20, 11-4-20 Cure Of Defaults: If either
11-5A-21, 11-5A-21: Reservation Of Home.
11-5B-22, 11-5B-22: Acquisition At Expiration
VOLUME II
INDEX:
-L-, Liquor Control (cont.)
-P-, Parks And Recreation (cont.
INSERT NEW PAGE HEADED
Preface
4-6A-1, Chapter 6, Article A. Pawnbrokers
and following ten pages
6-4-3, m. Disorderly conduct
and following page
6-7-2, Person: Individual, corporation
7-2-1, Chapter 2, Fire Department
7-5A-16, 5. Revocation Or Suspension Of
and following page
9-4-321.90, Chapter 4, Drivers' Licenses
9-7-321.300, 9-7-321.300 - 9-7-321.301
and following page
10-5A-1, Chapter 5, Article A. Administration
10 -5B -2,-10-5B-2: Intoxicating Beverages
andfollowing four pages
11-4-20, 11-4-20: Cure Of Defaults: If either,;
and following page
11-5A-21, 11-5A-21: Reservation Of Home
11-5B-22, 11-5B-22: Acquisition At Expiration
-L-, Liquor Control (cont.)
-P-, Parks And Recreation `(cont.)
PREFACE
This city code of the city of Dubuque, as supple-
mented, contains ordinances up to and including
ordinance 48-13, passed September 16, 2013.
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 inconsis-
tent 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code has been amended, superseded or repealed.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
November 2013
City of Dubuque
1
4-6A-1 4-6A-1
CHAPTER 6
PAWNBROKERS AND SECONDHAND DEALERS;
JUNK AND AUTO SALVAGE DEALERS
ARTICLE A. PAWNBROKERS AND SECONDHAND DEALERS
SECTION:
4-6A- 1:
4-6A- 2:
4-6A- 3:
4-6A- 4:
4-6A- 5:
4-6A- 6:
4-6A- 7:
4-6A- 8:
4-6A- 9:
4-6A-10:
4-6A-11:
4-6A-12:
4-6A-13:
4-6A-14:
4-6A-1:
Definitions
Penalties
License
Persons Eligible
Application Contents
Investigation Of Applicant And Premises
Proof Of Financial Responsibility
Display Of License
Exemptions From Article
Denial, Suspension, Or Revocation Of License
Required Records
Prohibited Acts
Purchases, Security, And Consignment Transactions
Inspection
DEFINITIONS: For the purposes of this article, the following
definitions apply:
CITY MANAGER:
PAWNBROKER:
The city manager or the city manager's
designee.
Any person who makes loans or advancements
upon pawn, pledge, or deposit of personal prop-
erty, who receives actual possession of person-
al property as security for a loan, with or without
a mortgage or bill of sale, who receives actual
possession of property for resale, or otherwise
holds themselves out as a pawnbroker.
City of Dubuque
April 2013
4-6A-1 4-6A-1
PERSON OF GOOD Any person who meets all of the following
MORAL CHARACTER: requirements:
April 2013
A. The person has such financial standing and
good reputation as will satisfy the city council
that the person will comply with all the laws,
provisions of this code, other city ordinances,
and regulations applicable to the person's
operations under state law. However, the city
council will not require the person to post a
bond to meet the requirements of this subsec-
tion.
B. Notwithstanding subsection E of this defini-
tion, the applicant is a citizen or legal resident
of the United States; in the case of a corpora-
tion, is licensed to do business in the state of
Iowa; or in the case of a partnership, only one
general partner needs to be a citizen or legal
resident.
C. The person has not been convicted of a
felony. However, if a conviction of a felony
occurred more than five (5) years before the
application for a license or permit and if the
person's rights of citizenship have been
restored, the city manager may determine that
said person is a person of moral character not-
withstanding the conviction.
D. The person has not been convicted of a
crime involving robbery, burglary, theft, forgery,
fraud, or deceptive practices, the possession,
manufacture, or delivery of a controlled sub-
stance, possession with intent to manufacture or
deliver a controlled substance, possession of
drug paraphernalia, or nonpayment of excise
taxes for a controlled substance, nonpayment of
other taxes, or demonstrated insolvency.
E. The requirements of this definition apply to
the following:
1. Each of the officers, directors, and partners
of such person.
City of Dubuque
4-6A-1 4-6A-3
SECONDHAND
DEALER:
2. A person who directly or indirectly owns or
controls ten percent (10%) or more of any class
of stock of such person.
3. A person who directly or indirectly has an
interest of ten percent (10%) or more in the
ownership or profits of such person.
Any person who purchases or receives used
goods or materials for the purpose of resale and
who possesses a state of Iowa retail sales tax
permit or who, while not required to possess a
state of Iowa retail sales tax permit, advertises
and purchases or receives items described in
subsection 4 -6A -13A of this article. Nonprofit
corporations and businesses which are not
primarily engaged in a sale of secondhand
goods are exempt from this article. (Ord. 14-13,
3-4-2013)
4-6A-2: PENALTIES: Failure to comply with this article is deemed a
violation of this code and is punishable as provided in title 1
of this code. Each day of noncompliance with this article is deemed a
separate offense. (Ord. 14-13, 3-4-2013)
4-6A-3: LICENSE:
A. License Required; Application: No person may engage in the busi-
ness of pawnbroker or secondhand dealer without first obtaining a
license therefor. Applications for such licenses must be filed with the
city clerk and issued by the city clerk.
B. License Authorization: The license serves as authorization for a
particular person to engage in business at a specific location.
C. Annual Renewal; Nonrefundable Fee; License Term:
1. The license for pawnbrokers or secondhand dealers must be
renewed annually.
2. A nonrefundable fee established by the city manager will be
collected at the time of renewal.
April 2013
City of Dubuque
4-6A-3 4-6A-6
3. All licenses expire on February 1 of each year. (Ord. 14-13,
3-4-2013)
4-6A-4: PERSONS ELIGIBLE: Upon meeting the requirements of this
article, a person who is of good moral character may apply for
a license. In the case of a club, corporation, or partnership, the officers of
the club or corporation and the partners of a partnership must be persons of
good moral character as defined by state law and this article. (Ord. 14-13,
3-4-2013)
4-6A-5: APPLICATION CONTENTS: Applications for the original
issuance or the renewal of licenses must be filed at the time
and in the number of copies as the city manager prescribes, on forms pres-
cribed by the city manager, and must set forth under oath the following
information:
A. The name and address of the applicant.
B. The precise location of the premises for which a license is sought.
C. The names and addresses of all persons, or in the case of a corpo-
ration, the officers, directors, and persons owning or controlling ten
percent (10%) or more of the capital stock thereof, having a financial
interest, by way of loan, ownership, or otherwise in the business.
D. A statement whether any person specified in subsection C of this
section has ever been convicted of any offense against the laws of
the United States, or any state or territory thereof, or any political
subdivision of any such state or territory.
E. Such other information as the city manager requires. (Ord. 14-13,
3-4-2013)
4-6A-6: INVESTIGATION OF APPLICANT AND PREMISES: Upon
receipt of an original application for a license, the city clerk
will forward the application to the chief of police, who will conduct an
investigation and submit a written report on the applicant as to the truth of
the facts averred in the application and a recommendation to the city
manager as to the approval of the license or permit. (Ord. 14-13, 3-4-2013)
April 2013
City of Dubuque
4-6A-7 4-6A-9
4-6A-7: PROOF OF FINANCIAL RESPONSIBILITY: Each licensee
must furnish proof of financial responsibility by posting bond
in such amount as determined by the city manager. (Ord. 48-13, 9-16-2013)
4-6A-8: DISPLAY OF LICENSE: The license provided for herein is
valid only for the location designated in the application and
must be prominently displayed therein at all times. (Ord. 14-13, 3-4-2013)
4-6A-9: EXEMPTIONS FROM ARTICLE: This article does not apply
to or include the following:
A. Solicitors governed by chapter 5 of this title, except for purchases of
gold, bullion, ingots, precious metals, and jewelry which will be
subject to the provisions of the pawnbroker and secondhand dealer
regulations.
B. The sale of secondhand goods where the following are present:
1. The sale is held on property occupied as a dwelling by the seller
or owned, rented, or leased by a charitable or political organization;
2. The items offered for sale are owned by the occupant or seller;
that no sale exceeds a period of seventy two (72) consecutive hours;
and that no more than three (3) sales are held in any twelve (12)
month period;
3. The sale of goods at an auction held by a licensed auctioneer;
4. A bulk sale of property from a merchant, manufacturer, or whole-
saler having an established place of business or open sale from
bankrupt stock;
5. Goods sold at the public market, i.e., farmers' market, etc.; and
6. CDs, DVDs, videotapes, and other similar mediums of transmitting
images or sounds, video games, and gaming systems that are not
originally manufactured with a serial number.
C. Items bought, sold, or traded under a federal firearms license.
D. The return of secondhand items for credit, exchange or refund to the
person from whom said items were originally obtained, provided that
November 2013
City of Dubuque
4-6A-9 4-6A-10
the items were not secondhand items when originally obtained. (Ord.
14-13, 3-4-2013)
4-6A-10: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE:
A. Reasons For Denial, Suspension, Or Revocation: The city manager
may, upon good cause, deny issuance or renewal of a license or
suspend or revoke any license issued under this article for a period
not to exceed one year for any of the following:
1. Violation of any federal, state, or local law, including, but not
limited to, a violation of this article or any other chapter of this code;
2. Misrepresentation of any material fact in the application for a
license;
3. Failure to cooperate with law enforcement; and
4. The licensee, owner, manager, partner, corporate officer, or
director has been convicted of a crime involving robbery, burglary,
theft, forgery, fraud, or deceptive practices, the possession, manu-
facture, or delivery of a controlled substance, possession with intent
to manufacture or deliver a controlled substance, possession of drug
paraphernalia, or nonpayment of excise taxes for a controlled sub-
stance, nonpayment of other taxes, or demonstrated insolvency.
B. Holding Other Licenses During License Suspension: Any licensee
whose license is suspended may not, during said suspension, hold
any other license under this chapter.
C. License Revocation; Time Period For Reapplication: Any licensee
whose license is revoked may not apply for any license under this
article for one year following the revocation.
D. Issuance To Relatives Or Financially Interested Persons During
License Suspension: No new license will be issued to the spouse,
relative within the first degree of consanguinity as defined by the
Iowa Code, or any person holding a financial interest in the licensed
premises during the period the license has been suspended.
E. Notice Of License Suspension Or Revocation: The city manager will
cause to be issued a notice that said license is suspended or
November 2013
City of Dubuque
4-6A-10 4-6A-11
revoked and therein set forth the reason(s) therefor. Said notice
must be sent by certified United States mail to the registered
business address on file with the city clerk or by personal service as
provided by Iowa law.
F. Appeal City Manager Decision To City Council: A written notice of
appeal to the city council from a decision of the city manager must
be filed with the city clerk by the licensee within ten (10) days from
the receipt of the notice of suspension or revocation. (Ord. 14-13,
3-4-2013)
4-6A-11: REQUIRED RECORDS:
A. Pawnbrokers and secondhand dealers as defined in this article must
provide an electronic transaction of all articles of any kind purchased
or received using the city's electronic reporting system as approved
by the city manager. Businesses that sell, deal, or trade in electronic
media/gaming systems must report all merchandise originally manu-
factured with a serial number.
The report must be a full, true, and complete report of all goods,
wares, merchandise, or items obtained on deposit, pledge, or
purchase, or otherwise received. The report must contain, but is not
limited to, the following:
1. A description of the person from whom the goods were acquired,
including:
a. Name, address, phone number, height, weight, date of birth,
race, gender, hair color, eye color, and any other identifying marks;
and
b. Means of identification used including the type exhibited, the
issuing agency, and the number thereon;
2. Date, time, and place of the transaction;
3. A detailed and accurate description of each article received
including make, model, serial number, or identifying mark(s);
4. A record of whether the transaction was a purchase, security,
consignment transaction, or donation;
April 2013
City of Dubuque
4-6A-11 4-6A-13
5. A record of monies paid or loaned and which may be maintained
separately but which must be available for inspection in the course
of examination of individual transactions;
6. The electronic reporting system will provide for an upload of a
complete electronic report. Each "pawnbroker" and "secondhand
dealer" as defined by this article must at the end of each day provide
an electronic upload to the electronic reporting system of all trans-
actions that occurred during that business day. (Ord. 14-13,
3-4-2013)
4-6A-12: PROHIBITED ACTS:
A. Purchases From Minors Restricted: No pawnbroker or secondhand
dealer, and no clerk, agent, or employee thereof may purchase or
receive property from any person under the age of eighteen (18)
years without first obtaining and receiving the written consent of the
parent or guardian of such person. Such written consent must be
made a part of the required records and subject to all provisions of
this article.
B. Altered Or Tampered With Serial Numbers: No pawnbroker or
secondhand dealer, and no clerk, agent, or employee thereof may
receive any goods or materials presented with an altered or
tampered with serial number.
C. Identification Required: No pawnbroker or secondhand dealer will
receive any goods or materials unless the seller presents one picture
identification or two (2) other forms of identification. Proper identi-
fication consists of, but is not limited to, driver's license, picture
identification, birth certificate, draft card, military identification card,
and/or major credit card.
D. Display Of Goods: No goods or merchandise may be stored or dis-
played on any public right of way, public street, sidewalk, alley, or
public parking area. (Ord. 14-13, 3-4-2013)
4-6A-13: PURCHASES, SECURITY, AND CONSIGNMENT TRANS-
ACTIONS:
A. Application Of Article To Certain Goods And Materials: The purchase
or receipt, including, but not limited to, the following listed goods or
April 2013
City of Dubuque
4-6A-13 4-6A-13
materials as a purchase, a security, a consignment transaction, or a
donation is governed by this article:
Bicycles.
Coins.
Collectibles.
Computers, software, and computer accessories.
Construction equipment.
Electronic equipment.
Firearms.
Glassware.
Household appliances.
Hunting and fishing equipment.
Jewelry.
Lawn and garden tools, equipment, and furnishings.
Motor vehicle parts and equipment.
Motor vehicles.
Musical instruments.
Photographic/video parts and equipment.
Precious and semiprecious stones.
Precious metals in the form of bullion or ingots.
Radio equipment.
Rare books.
Silver/silverware.
Sporting goods.
April 2013
City of Dubuque
4-6A-13 4-6A-14
Stereo equipment.
Television equipment.
Tools.
Untitled motor vehicles.
Video game systems, originally manufactured with a serial number.
Works of art.
B. Jewelry: Antique, new, used or scrap jewelry, and precious metals
must be retained in the local place of business and it is unlawful to
change the form of said items by melting, remounting, cutting up, or
otherwise changing the form of said items for a period of five (5)
days from the time of said transaction.
Exempt Items: The following listed items are exempt from the provi-
sions of this chapter:
1. Beverage containers; and
2. Scrap paper. (Ord. 14-13, 3-4-2013)
4-6A-14: INSPECTION:
A. The merchant must, during business hours, permit a duly authorized
police officer to inspect the entire premises covered by the license,
including all records that may have any relationship to the operation
of the business.
B. The police may seize, with proper seizure notice, or require the
pawnbroker or secondhand dealer to hold property which the police
have probable cause to believe is stolen property. A receipt will be
given to the merchant for all property seized. If the police have not
seized or picked up the property within thirty (30) days from the date
of notification to the merchant, said merchant may dispose of the
property. Said merchant may petition the court at the conclusion of
any criminal investigation and/or proceeding for return of any
unclaimed merchandise confiscated from their possession related to
the investigation or prosecution. Said merchant may also be eligible
for assistance from the state of Iowa crime victim compensation
fund. (Ord. 14-13, 3-4-2013)
April 2013
City of Dubuque
4-6B-1 4-6B-1
CHAPTER 6
PAWNBROKERS AND SECONDHAND DEALERS;
JUNK AND AUTO SALVAGE DEALERS
ARTICLE B. JUNK DEALERS AND AUTO SALVAGE DEALERS
SECTION:
4-6B- 1:
4-6B- 2:
4-6B- 3:
4-6B- 4:
4-6B- 5:
4-6B- 6:
4-6B- 7:
4-6B- 8:
4-6B- 9:
4-6B-10:
4-6B-11:
4-6B-12:
4-6B-13:
4-6B-14:
4-6B-15:
4-6B-1:
Definitions
Penalties
License
Persons Eligible
Application Contents
Investigation Of Applicant And Premises
Proof Of Financial Responsibility
Display Of License
Exemptions From Article
Denial, Suspension Or Revocation Of License
Required Records
Prohibited Acts
Purchases Or Donation Transactions
Inspection
Screening Requirements For Junk And Salvage Operations
DEFINITIONS: For the purposes of this article, the following
definitions apply:
AUTO SALVAGE
DEALER:
CITY MANAGER:
Any person who engages in the business of
buying or receiving motor vehicles, motorcycles,
motorized bicycles, or parts thereof, or tires for
resale in whole or in part as junk or as used
parts.
The city
designee.
manager or the city manager's
City of Dubuque
April 2013
4-6B-1 4-6B-1
JUNK: Old or scrap copper, aluminum, brass, iron,
steel, old or scrap ferrous or nonferrous mate-
rial, wire, rope, rags, batteries, paper, trash,
rubber debris, waste, or junked, dismantled,
wrecked, or parts of motor vehicles, motor-
cycles, or motorized bicycles.
JUNK DEALER:
Any person who purchases or receives any of
the items listed in subsection 4 -6B -13A of this
article for the purpose of resale and who
possesses a state of Iowa retail sales tax
permit.
PERSON OF GOOD Any person who meets all of the following
MORAL CHARACTER: requirements:
April 2013
A. The person has such financial standing and
good reputation as will satisfy the city council
that the person will comply with all the laws,
provisions of this code, other city ordinances,
and regulations applicable to the person's
operations under state law. However, the city
council will not require the person to post a
bond to meet the requirements of this subsec-
tion.
B. Notwithstanding subsection E of this defini-
tion, the applicant is a citizen or legal resident
of the United States; in the case of a corpora-
tion, is licensed to do business in the state of
Iowa; or in the case of a partnership, only one
general partner needs to be a citizen or legal
resident.
C. The person has not been convicted of a
felony. However, if a conviction of a felony
occurred more than five (5) years before the
application for a license or permit and if the
person's rights of citizenship have been
restored, the city manager may determine that
said person is a person of moral character not-
withstanding the conviction.
D. The person has not been convicted of a
crime involving robbery, burglary, theft, forgery,
City of Dubuque
4-6B-1 4-6B-3
fraud, or deceptive practices, the possession,
manufacture, or delivery of a controlled sub-
stance, possession with intent to manufacture or
deliver a controlled substance, possession of
drug paraphernalia, or nonpayment of excise
taxes for a controlled substance, nonpayment of
other taxes, or demonstrated insolvency.
E. The requirements of this definition apply to
the following:
1. Each of the officers, directors, and partners
of such person.
2. A person who directly or indirectly owns or
controls ten percent (10%) or more of any class
of stock of such person.
3. A person who directly or indirectly has an
interest of ten percent (10%) or more in the
ownership or profits of such person. (Ord.
14-13, 3-4-2013)
4-6B-2: PENALTIES: Failure to comply with this article is deemed a
violation of this code and is punishable as provided in title 1
of this code. Each day of noncompliance with this article is deemed a
separate offense. (Ord. 14-13, 3-4-2013)
4-6B-3: LICENSE:
A. License Required; Application: No person may engage in the busi-
ness of junk dealer or auto salvage dealer without first obtaining a
license therefor. Applications for such licenses must be filed with the
city clerk and issued by the city clerk.
B. License Authorization: The license serves as authorization for a
particular person to engage in business at a specific location.
C. Annual Renewal; Nonrefundable Fee; License Term:
1. The license for junk dealers or auto salvage dealers must be
renewed annually.
April 2013
City of Dubuque
4-6B-3 4-6B-6
2. A nonrefundable fee established by the city manager will be
collected at the time of renewal.
3. All licenses expire on February 1 of each year. (Ord. 14-13,
3-4-2013)
4-6B-4: PERSONS ELIGIBLE: Upon meeting the requirements of this
article, a person who is of good moral character may apply for
a license. In the case of a club, corporation, or partnership, the officers of
the club or corporation and the partners of a partnership must be persons of
good moral character as defined by state law and this article. (Ord. 14-13,
3-4-2013)
4-6B-5: APPLICATION CONTENTS: Applications for the original
issuance or the renewal of licenses must be filed at the time
and in the number of copies as the city manager prescribes, on forms
prescribed by the city manager, and must set forth under oath the following
information:
A. The name and address of the applicant.
B. The precise location of the premises for which a license is sought.
C. The names and addresses of all persons, or in the case of a corpo-
ration, the officers, directors, and persons owning or controlling ten
percent (10%) or more of the capital stock thereof, having a financial
interest, by way of loan, ownership, or otherwise in the business.
D. A statement whether any person specified in subsection C of this
section has ever been convicted of any offense against the laws of
the United States, or any state or territory thereof, or any political
subdivision of any such state or territory.
E. Such other information as the city manager requires. (Ord. 14-13,
3-4-2013)
4-6B-6: INVESTIGATION OF APPLICANT AND PREMISES: Upon
receipt of an original application for a license, the city clerk
will forward the application to the chief of police, who will conduct an
investigation and submit a written report on the applicant as to the truth of
April 2013
City of Dubuque
4-6B-6 4-6B-10
the facts averred in the application and a recommendation to the city
manager as to the approval of the license or permit. (Ord. 14-13, 3-4-2013)
4-6B-7: PROOF OF FINANCIAL RESPONSIBILITY: Each licensee
must furnish proof of financial responsibility by posting bond
in such amount as determined by the city manager. (Ord. 48-13, 9-16-2013)
4-6B-8: DISPLAY OF LICENSE: The license provided for herein is
valid only for the location designated in the application and
must be prominently displayed therein at all times. (Ord. 14-13, 3-4-2013)
4-6B-9: EXEMPTIONS FROM ARTICLE: This article does not apply
to or include solicitors governed by chapter 5 of this title.
(Ord. 14-13, 3-4-2013)
4-6B-10: DENIAL, SUSPENSION OR REVOCATION OF LICENSE:
A. Reasons For Denial, Suspension, Or Revocation: The city manager
may, upon good cause, deny issuance or renewal of a license or
suspend or revoke any license issued under this article for a period
not to exceed one year for any of the following:
1. Violation of any federal, state, or local law, including, but not
limited to, a violation of this article or any other chapter of this code;
2. Misrepresentation of any material fact in the application for a
license;
3. Failure to cooperate with law enforcement; and
4. The licensee, owner, manager, partner, corporate officer, or
director has been convicted of a crime involving robbery, burglary,
theft, forgery, fraud, or deceptive practices, the possession, manu-
facture, or delivery of a controlled substance, possession with intent
to manufacture or deliver a controlled substance, possession of drug
paraphernalia, or nonpayment of excise taxes for a controlled sub-
stance, nonpayment of other taxes, or demonstrated insolvency.
B. Holding Other Licenses During License Suspension: Any licensee
whose license is suspended may not, during said suspension, hold
any other license under this article.
November 2013
City of Dubuque
4-6B-10 4-6B-11
C. License Revocation; Time Period For Reapplication: Any licensee
whose license is revoked may not apply for any license under this
article for one year following the revocation.
D. Issuance To Relatives Or Financially Interested Persons During
License Suspension: No new license will be issued to the spouse,
relative within the first degree of consanguinity as defined by the
Iowa Code, or any person holding a financial interest in the licensed
premises during the period the license has been suspended.
E. Issuance To Relatives Or Financially Interested Persons Following
License Revocation: No new license under this article will be issued
to the spouse or relative within the first degree of consanguinity as
defined by the Iowa Code or any person holding a financial interest
in the licensed premises for one year after revocation.
F. Notice Of License Suspension Or Revocation: The city manager will
cause to be issued a notice that said license is suspended or
revoked and therein set forth the reason(s) therefor. Said notice
must be sent by certified United States mail to the registered busi-
ness address on file with the city clerk or by personal service as
provided by Iowa law.
G. Appeal City Manager Decision To City Council: A written notice of
appeal to the city council from a decision of the city manager must
be filed with the city clerk by the licensee within ten (10) days from
the receipt of the notice of suspension or revocation. (Ord. 14-13,
3-4-2013)
4-6B-11: REQUIRED RECORDS:
A. Junk dealers as defined in this article must maintain a record of all
articles of any kind purchased or received. The record must be a full,
true, and complete report of all goods, wares, merchandise, or items
obtained on deposit, pledge, or purchase, or otherwise received. The
report must contain, but is not limited to, the following:
1. A description of the person from whom the goods were acquired,
including:
November 2013
City of Dubuque
4-6B-11 4-6B-11
a. Name, address, phone number, date of birth, and general
description of the person; and
b. Means of identification used including the type exhibited, the
issuing agency, and the number thereon;
2. Date, time, and place of the transaction;
3. A detailed and accurate description of each article received
including make, model, serial number, or identifying mark(s). In the
case of junk, a general description of the composition of aggregate
purchase is sufficient;
4. A record of whether the transaction was a purchase or donation;
5. A record of monies paid which may be maintained separately but
which must be available for inspection in the course of examination
of individual transactions; and
6. A record of the name, address, and how an article was disposed
of.
B. Auto salvage dealers as defined in this article must maintain a
record of all articles of any kind purchased or received. The record
must be a full, true, and complete report of all goods, wares,
merchandise, or items obtained on deposit, pledge, or purchase, or
otherwise received. The report must contain, but is not limited to, the
following:
1. A description of the person from whom the goods were acquired,
including:
a. Name, address, phone number, date of birth, and general
description of the person; and
b. Means of identification used including the type exhibited, the
issuing agency, and the number thereon;
2. Date, time, and place of the transaction;
3. A description of each article received including make, model,
serial number, or identifying mark(s);
4. A record of whether the transaction was a purchase or donation;
April 2013
City of Dubuque
4-6B-11 4-6B-13
5. A record of monies paid which may be maintained separately but
which must be available for inspection in the course of examination
of individual transactions;
6. A record of the name, address, and how an article was disposed
of; and
7. The vehicle identification number (VIN) and all records as required
by the department of transportation. (Ord. 14-13, 3-4-2013)
4-6B-12: PROHIBITED ACTS:
A. Purchases From Minors Restricted: No junk dealer or auto salvage
dealer, and no clerk, agent, or employee thereof may purchase or
receive property from any person under the age of eighteen (18)
years without first obtaining and receiving the written consent of the
parent or guardian of such person. Such written consent must be
made a part of the required records and subject to all provisions of
this article.
B. Altered Or Tampered With Serial Numbers: No junk dealer or auto
salvage dealer, and no clerk, agent, or employee thereof may
receive any goods or materials presented that have an altered or
tampered with serial number or vehicle identification number for
items originally manufactured with a serial number or vehicle
identification number.
C. Identification Required: No junk dealer or auto salvage dealer will
receive any goods or materials unless the seller presents one picture
identification or two (2) other forms of identification. Proper
identification consists of, but is not limited to, driver's license, picture
identification, birth certificate, draft card, military identification card,
and/or major credit card.
D. Display Of Goods: No goods or merchandise may be stored or dis-
played on any public right of way, public street, sidewalk, alley, or
public parking area. (Ord. 14-13, 3-4-2013)
4-6B-13: PURCHASES OR DONATION TRANSACTIONS:
A. Application Of Article To Certain Goods And Materials: The purchase
or receipt of the following listed goods or materials as a purchase or
a donation is governed by this article:
April 2013
City of Dubuque
4-6B-13 4-6B-13
Bicycles.
Collectibles.
Computers, software, and computer accessories.
Construction equipment.
Electronic equipment.
Firearms.
Glassware.
Household appliances.
Household furniture.
Hunting and fishing equipment.
Jewelry.
Junk.
Lawn and garden tools, equipment, and furnishings.
Motor vehicle parts and equipment.
Motor vehicles.
Musical instruments.
Photographic/video parts and equipment.
Precious and semiprecious stones.
Precious metals and coins, including, but not limited to, gold, silver,
platinum, titanium, and tungsten.
Radio equipment.
Rare books.
Silver/silverware.
April 2013
City of Dubuque
4-6B-13 4-6B-15
Sporting goods.
Stereo equipment.
Television equipment.
Tools.
Untitled motor vehicles.
Video game systems, originally manufactured with a serial number.
Works of art.
B. Exempt Items: The following listed items are exempt from the provi-
sions of this article:
1. Beverage containers; and
2. Scrap paper. (Ord. 14-13, 3-4-2013)
4-6B-14: INSPECTION:
A. The merchant must, during business hours, permit a duly authorized
police officer to inspect the entire premises covered by the license,
including all records that may have any relationship to the operation
of the business.
B. The police may seize, with proper seizure notice, or require the junk
dealer or auto salvage dealer to hold property which the police have
probable cause to believe is stolen property. A receipt will be given
to the merchant for all property seized. If the police have not seized
or picked up the property within thirty (30) days from the date of
notification to the merchant, said merchant may dispose of the prop-
erty. (Ord. 14-13, 3-4-2013)
4-6B-15: SCREENING REQUIREMENTS FOR JUNK AND SALVAGE
OPERATIONS:
A. Approval Of Screening Plan: An operator of a junkyard/salvage
operation must submit to the city manager a screening plan which
must be approved for each individual premises. The screening plan
must integrate the screen with the natural surroundings and consider
April 2013
City of Dubuque
4-6B-15 4-6B-15
and make provisions to assure reasonable access to the screen for
purposes of maintaining the screens.
B. Purpose Of Screening: The purpose of screening is to eliminate the
visual impact of the junkyard contents by obscuring it from view
outside the premises.
C. Materials For Use In Screening: Materials for use in screening of
junkyard generally consist of natural elements, plantings, fences, or
other appropriate means such as storage sheds, buildings, and other
similar elements.
1. Natural elements are earthen berms, rock formations, wooded
areas, or other similar elements.
2. Plantings are shrubs and trees of such types as to provide year
round obscurement commensurate with local site conditions. All
plant material used for screening must be of a size and quantity to
provide obscurement.
3. Screens must be made of wood, metal, or other materials
commonly used in the building trade and be of such height and type
as necessary to provide obscurement. Screens must be designed to
withstand a minimum wind load of twenty (20) pounds per square
foot and of a permanent nature. All materials used for finishing
screens must be a nonreflective material which will blend with the
natural surroundings. Screening must not be placed in any manner
so that either the screen or the maintenance of screen will create or
contribute to the creation of a safety hazard or endanger public
safety, nor will it interfere with the public's use of any right of way.
D. Maintenance Requirements: Junkyard/salvage operators must
maintain the screening in a condition equal to the original installation
of the screening. Maintenance includes, but is not limited to, the
following items:
1. Replacement of plant material which is dead or has been
damaged so that it no longer serves the intended purpose of screen-
ing the operation.
2. Screen maintenance includes the renewal of the surface treatment
with stains, paints, or other appropriate materials when needed and
the replacement of panels, sections, members, or support structures
of the screening when needed. (Ord. 14-13, 3-4-2013)
April 2013
City of Dubuque
6-4-3 6-4-3
m. Disorderly conduct.
n. Possession of alcohol under the legal age (PAULA) by prop-
erty owner, tenant, or occupant.
o. Possession of drug paraphernalia.
p. Public intoxication.
q. Aiding and abetting. (Ord. 17-11, 3-7-2011)
Q. Furniture: Indoor upholstered furniture or upholstered furniture which
is not designed for outdoor use but which is maintained or located on
any uncovered porch, lawn, parking lot, driveway, or public right of
way.
R. Combustible Items: Any accumulation of combustible items such as
mattresses, boxes, paper, automobile tires and tubes, old clothes,
rags, or any other combustible materials or objects of a like nature.
S. Construction And Building Materials: Outdoor storage of construction
and building materials, except those that are stored in a manner to
protect their utility, prevent deterioration, and are reasonably
expected to be used at the site.
T. Appliances Or Appliance Parts: Outdoor storage of appliances or
appliance parts, except those that are reasonably expected to be
used at the site, which are stored in a manner to protect their utility,
prevent deterioration, and protect people from becoming trapped
within them.
U. Burned Or Partially Burned Buildings And Structures: Any building or
other structure which has been burned, partially burned, or otherwise
partially destroyed, which is unsightly or hazardous to the safety of
any person or structurally unsound to the extent that the city
manager reasonably determines there is a likelihood of personal or
property injury to any person or property entering the premises.
V. Miscellaneous: Any act done or committed by any person or any
substance or thing kept, maintained, placed, or found in or on any
public or private place which is annoying or damaging or injurious or
dangerous to the public health, welfare, or safety and every action or
thing done, permitted, maintained, allowed, or continued on any
public or private property, by any person which is liable to or does
April 2013
City of Dubuque
6-4-3 6-4-6
endanger, annoy, damage, or injure any person or inhabitant of the
city or property of said person or inhabitant. (Ord. 5-13, 2-18-2013)
6-4-4: PUBLIC NUISANCES PROHIBITED; AUTHORITY TO
ABATE:
A. Nuisances Prohibited: The creation, maintenance, or continuation of
a public nuisance is hereby declared unlawful and is prohibited.
B. Declaration Of Nuisance; Hearing; Abatement: Upon application of
the city manager for a declaration of a nuisance, the city council,
after notice to the property owner of the grounds therefor, shall hold
a hearing on the application as provided in title 1, chapter 9 of this
code. Upon declaration of a nuisance, the city council may direct the
city manager to abate or cause to be abated public nuisances in any
manner authorized by law. (Ord. 36-07, 6-18-2007)
6-4-5: ABATEMENT REMEDIES; PENALTIES:
A. Abatement Described: Abatement includes, but is not limited to,
repair, removal, cleaning, exterminating, cutting, mowing, grading,
sewer repairs, draining, securing, repairing a building or structure,
boarding unoccupied buildings, barricading or fencing, removing
dangerous portions of buildings or structures and demolition of
dangerous structures or abandoned buildings.
B. Abatement Costs: The costs of abatement may be assessed against
the property as provided by law. Abatement costs are all of the costs
of removing or eliminating the public nuisance, including the cost of
investigation, including title searches, inspection and testing, the
cost of notification, court costs and administrative costs. (2007 Code
§ 23-44)
6-4-6: EMERGENCY ABATEMENT PROCEDURE: When the city
manager determines that a public nuisance exists and that
such public nuisance constitutes an imminent and compelling danger to the
health, safety or welfare of persons or property, the city manager is
authorized to abate or cause to be abated the public nuisance without prior
notice to the owner. The costs of such action may be assessed against the
property after notice to the property owner and hearing as required by law.
(2007 Code § 23-45)
April 2013
City of Dubuque
6-7-2 6-7-3
PERSON: Individual, corporation, government, government
subdivision or agency, business trust, estate,
trust, partnership or association or any other
legal entity.
PERSON HAVING A person who at any time produces, handles,
CONTROL OVER stores, uses, transports, refines or disposes of a
A HAZARDOUS hazardous substance or hazardous waste, the
SUBSTANCE OR release of which creates a hazardous condition,
HAZARDOUS including bailees, carriers and any other person
WASTE: in control of a hazardous substance or hazard-
ous waste when a hazardous condition occurs,
whether the person owns the hazardous
substance or hazardous waste or is operating
under a lease, contract or other agreement with
the legal owner of the hazardous substance or
hazardous waste. (2007 Code § 33-32)
6-7-3: CLEANUP REQUIRED:
A. Responsibility For Cleanup; Notify Fire Department: Whenever a
hazardous condition is created so that a hazardous substance or
hazardous waste or a constituent of a hazardous substance or
hazardous waste may enter the environment, be emitted into the air
or discharged into any waters, including ground waters, the person
having control over a hazardous substance or hazardous waste shall
notify, or cause to be notified, the fire department and shall cause
the condition to be remedied by a cleanup as soon as possible, but
no later than six (6) hours after the onset or discovery of the
hazardous condition, or sooner if deemed necessary by an
authorized officer of the fire department, and shall restore the
affected area to its state prior to the hazardous condition. The cost
of cleanup, as well as all costs of mitigation performed by the fire
department or any other department of the city, shall be borne by the
person having control over the hazardous substance or hazardous
waste.
B. Failure To Perform Cleanup: If the person having control over the
hazardous substance or hazardous waste does not cause the
cleanup to begin as required in subsection A of this section, the chief
of the fire department or the chief's representative may establish a
deadline for commencing and accomplishing the cleanup, and if the
person having control fails to comply therewith, the city may proceed
City of Dubuque
6-7-3 6-7-6
to procure cleanup services. The city may seek any state or federal
funds available for such cleanup. (2007 Code § 33-33)
6-7-4: LIABILITY FOR CLEANUP COSTS: A person having control
over a hazardous substance or hazardous waste shall be
liable to the city for all of the following:
A. All cleanup costs incurred by the city as a result of the failure of the
person to clean up a hazardous substance or waste involved in a
hazardous condition caused or permitted by the person;
B. All costs incurred by the city to evacuate the area threatened by a
hazardous condition caused or permitted by the person;
C. All damages to the city for injury to, destruction of, or loss of city
property resulting from a hazardous condition caused or permitted by
the person;
D. All costs involved in the emergency mitigation of the hazardous
condition, including, but not limited to, employee costs, disposable
equipment costs, medical costs (including postincident physical
examinations for responders), outside contractor costs and equip-
ment usage costs. (2007 Code § 33-34)
6-7-5: NOTIFICATION OF HAZARDOUS CONDITIONS:
A. A person manufacturing, storing, handling, transporting or disposing
of a hazardous substance or hazardous waste within the limits of the
city shall notify the fire department of the occurrence of a hazardous
condition immediately upon discovery of the hazardous condition and
shall also notify the proper state office in the manner required by
state law.
B. A city employee who discovers a hazardous condition shall
immediately notify the fire department and the fire department shall
notify the proper state office in the manner required by state law.
(2007 Code § 33-5)
6-7-6: POLICE AUTHORITY:
A. Police Authority: The chief of police or the chief's designee may:
City of Dubuque
7-2-1 7-2-3
CHAPTER 2
FIRE DEPARTMENT
SECTION:
7-2-1: Service Outside City Restricted
7-2-2: Service Charges
7-2-3: Standby Service
7-2-1: SERVICE OUTSIDE CITY RESTRICTED: No fire service
shall be rendered outside the limits of the city by firefighting
equipment and city personnel except as follows:
A. To protect property of the city located outside the corporate limits of
the city; or
B. Pursuant to a written mutual aid agreement for emergency fire
service on a reciprocal basis with another governmental entity. (2007
Code § 19-21)
7-2-2: SERVICE CHARGES: Persons requesting assistance for the
following services from the fire department shall pay a fee as
established by the chief of the fire department:
A. For opening or gaining entrance to any structure;
B. For the pumping and removal of liquids of any nature from any
building or excavation other than liquids deposited in such area as a
result of firefighting activities. (2007 Code § 19-22)
7-2-3: STANDBY SERVICE:
A. Whenever fire equipment and fire personnel are requested to stand
by, there shall be a standby fee set by the chief of the fire
department paid to the city by the person requesting the service.
City of Dubuque
7-2-3 7-2-3
B. The fee as provided for in subsection A of this section shall be in
addition to any fees or charges prescribed for ambulance service in
this code. (2007 Code § 19-23)
City of Dubuque
7-5A-16 7-5A-16
5. Revocation Or Suspension Of Permit; Appeal: A permit may be
revoked or suspended by the city manager by written notice for a
violation of any of the provisions of this section or any other
ordinances of the city or the laws of the United States or the state of
Iowa. The permittee may file with the city clerk a written notice of
appeal to the city council from the suspension or revocation.
6. Compliance With State And Local Laws: A hunter shall comply
with all state and local laws, rules, regulations and ordinances
governing hunting.
7. Firearms Limited: The only firearm authorized for hunting is a
shotgun with shot ammunition size 4-9. The use of slugs, rifles,
pistols, deer slugs, and black powder rifles and all other firearms or
other weapons is prohibited.
8. Notify Police Prior To Hunting: The permittee shall notify police
dispatch at the Dubuque law enforcement center, on the day on
which hunting will occur and prior to the commencement of any
hunting, of the location where the hunting will occur.
9. Approved Times: Hunting will be allowed from one-half (1/2) hour
before sunrise to one-half (1/2) hour after sunset.
10. Discharging Firearm: A hunter shall not discharge a shotgun in
the direction of any person, livestock, building, public street,
recreational trail or public waters.
B. Shotgun Target Practice:
1. Permit Issuance; Conditions: Subsections 7 -5A -10A and C of this
article notwithstanding, the city manager may issue an annual permit
to a property owner for target practice within the corporate limits of
the city on the owner's property, if the city manager determines that
the property meets the following conditions:
a. The property is zoned AG agricultural;
b. The property is not less than ten (10) contiguous acres or
more in size;
c. The property owner agrees to be present to supervise target
practice on the owner's property; and
November 2013
City of Dubuque
7-5A-16 7-5A-16
d. Allowing target practice on the property will not constitute a
danger to public safety.
2. Application: An application to allow target practice shall be filed
with the city manager on a form provided by the city manager. The
application must include the following information:
a. The name, address and telephone number of the applicant;
b. The address where the target practice will take place;
c. A site plan shall be a dimension drawing showing the
following:
(1) North arrow;
(2) Property lines;
(3) Location of buildings on the subject property and dimen-
sions; and
(4) Location of buildings on adjacent property, public streets,
recreational trails or public waters.
Falsification of information on an application is grounds for denial or
revocation of a permit.
3. Approval Or Rejection; Permit Term: The city manager shall, upon
consideration of the application and the information required herein,
approve or reject the application. A permit is valid for a period of one
year from the date thereof.
4. Nonrefundable Fee: At the time of filing the application, the
applicant shall pay to the city a nonrefundable permit fee established
by the city manager.
5. Revocation Or Suspension Of Permit; Appeal: A permit may be
revoked or suspended by the city manager by written notice for a
violation of any of the provisions of this section or any other
ordinances of the city or the laws of the United States or the state of
Iowa. The permittee may file with the city clerk a written notice of
appeal to the city council from the suspension or revocation.
November 2013
City of Dubuque
7-5A-16 7-5A-16
6. Compliance With State And Local Laws: A person engaged in
target practice must comply with all state and local laws, rules, regu-
lations and ordinances governing target practice.
7. Firearms Limited: The only firearm authorized for target practice is
a shotgun with shot ammunition size 4-9. The use of slugs, rifles,
pistols, deer slugs, and black powder rifles and all other firearms or
other weapons is prohibited.
8. Notify Police Prior To Target Practice: The permittee shall notify
police dispatch at the Dubuque law enforcement center, on the day
on which target practice will occur and prior to the commencement of
any target practice, of the location where the target practice will
occur.
9. Approved Times: Target practice will be allowed from one-half (1/2)
hour before sunrise to one-half (1/2) hour after sunset.
10. Discharging Firearm: A person engaged in target practice shall
not discharge a firearm or other weapon in the direction of any
person, livestock, building, public street, recreational trail or public
waters.
11. Exception: An exception to these rules may be granted if
approved through a city of Dubuque special events permit.
C. Bow And Arrow Hunting:
1. Permitted: Bow and arrow hunting will be allowed within city limits
in accordance with the annual deer management program adopted
by the environmental stewardship advisory commission and the city
council.
2. Exception: An exception to these rules may be granted if
approved through a city of Dubuque special events permit.
D. Target Practice; Weapons Other Than Shotguns:
1. Allowed With Conditions: Target practice will be allowed under the
following conditions:
a. Weapons approved for target practice are limited to bow and
arrows and air guns;
b. No other weapons are approved for target practice;
November 2013
City of Dubuque
7-5A-16 7-5A-17
c. The property where the target practice will occur is not less
than three (3) contiguous acres or more in size;
d. Adjacent property may be used to meet the three (3) acre
minimum, with the written permission of the adjacent property owner;
e. The property owner agrees to be present to supervise target
practice on the owner's property;
f. Allowing target practice on the property will not constitute a
danger to public safety; and
g. There are no homes or businesses within one hundred fifty
feet (150').
2. Exception: An exception to these rules may be granted if
approved through a city of Dubuque special events permit. (Ord.
20-13, 4-1-2013)
7-5A-17: AGGRESSIVE PANHANDLING PROHIBITED:
A. Purpose:
1. The purpose of this section is to ensure unimpeded pedestrian
traffic flow, to maintain and protect the physical safety and well being
of pedestrians, and to otherwise foster a safe and harassment free
climate in public places in the city.
2. This section is not intended to limit any person from exercising
such person's constitutional right to solicit funds, picket, protest, or
engage in other constitutionally protected activity.
B. Definitions: As used in this section, the following terms shall have
the following meanings, unless the context clearly indicates that a
different meaning is intended:
AGGRESSIVE Panhandling which demonstrates a specific
PANHANDLING: intent to induce, solicit, or procure from another
goods or money which includes one or more of
the following actions:
November 2013
1. The touching of the solicited person without
the solicited person's consent;
City of Dubuque
9-4-321.90 9-4-321.98
SECTION:
CHAPTER 4
DRIVERS' LICENSES
Division 1. Generally
9-4-321.90 — 9-4-321.97: Reserved
9-4-321.98: Operation Without Registration
9-4-321.99 — 9-4-321.173: Reserved
9-4-321.174: Operator's License; Operation Of Commercial Motor Vehicles
9-4-321.174A: Operation Of Motor Vehicle With Expired License
9-4-321.175 — 9-4-321.192: Reserved
9-4-321.193: Restricted Licenses
9-4-321.194 — 9-4-321.215: Reserved
Division 2. Licensees And Nonoperators
Identification Cards; Violations
9-4-321.216: Unlawful Use Of License
9-4-321.217 — 9-4-321.218: Reserved
9-4-321.219: Permitting Unauthorized Minor To Drive
9-4-321.220: Permitting Unauthorized Person To Drive
9-4-321.221: Employing Unlicensed Chauffeur
9-4-321.222: Renting Motor Vehicle To Unlicensed Persons
9-4-321.223: Inspection Of License Prior To Renting
9-4-321.224: Records Of Rentals
9-4-321.225 — 9-4-321.228: Reserved
DIVISION 1. GENERALLY
9-4-321.90 — 9-4-321.97: RESERVED: (Ord. 24-09, 4-20-2009)
9-4-321.98: OPERATION WITHOUT REGISTRATION: A person shall
not operate, and an owner shall not knowingly permit to be
City of Dubuque
9-4-321.98 9-4-321.174
operated, upon any highway any vehicle required to be registered and titled
hereunder unless there shall be attached thereto and displayed thereon
when and as required by this title a valid registration card and registration
plate or plates issued therefor for the current registration year and unless a
certificate of title has been issued for such vehicle except as otherwise
expressly permitted in this title. Any violation of this section is punishable
as a scheduled violation under Iowa Code section 805.8A. (Ord. 24-09,
4-20-2009)
9-4-321.99 — 9-4-321.173: RESERVED: (Ord. 24-09, 4-20-2009)
9-4-321.174: OPERATOR'S LICENSE; OPERATION OF COMMERCIAL
MOTOR VEHICLES:
A. A person, except those expressly exempted, shall not operate any
motor vehicle upon any street of this city unless the person has a
driver's license issued by the department valid for the vehicle's
operation.
B. A person operating a commercial motor vehicle shall not have more
than one driver's license. A nonresident may operate a commercial
motor vehicle in Iowa if the nonresident has been issued a license by
another state, a nonresident commercial driver's license, or a
driver's license issued by a foreign jurisdiction which the federal
highway administration has determined to be issued in conformity
with the federal commercial driver testing and licensing standards, if
the license, commercial driver's license, or driver's license is valid
for the vehicle operated.
C. Every licensee shall have an operator or instruction permit in
immediate possession at all times when operating a motor vehicle
and shall display the same upon demand of a judicial magistrate,
district associate judge, peace officer, or a field deputy or examiner
of the department. However, no person charged with violating this
provision shall be convicted if such person produces in court, within
a reasonable time, an operator or instruction permit theretofore
issued to such person and valid at the time of such person's arrest.
(Ord. 24-09, 4-20-2009)
City of Dubuque
9-7-321.300 9-7-321.304
9-7-321.300 — 9-7-321.301: RESERVED: (Ord. 44-08, 6-16-2008)
9-7-321.302: OVERTAKING, PASSING ON RIGHT:
A. The driver of a vehicle may overtake and pass upon the right of
another vehicle which is making or about to make a left turn.
B. The driver of a vehicle may overtake and, allowing sufficient
clearance, pass another vehicle proceeding in the same direction
either upon the left or upon the right on a roadway with unobstructed
pavement of sufficient width of four (4) or more lanes of moving
traffic when such movement can be made in safety. No person shall
drive off the pavement or upon the shoulder, curb, or parking of the
roadway in overtaking on the right. (Ord. 44-08, 6-16-2008)
9-7-321.303: LIMITATIONS ON OVERTAKING ON LEFT: Except on one-
way streets, a vehicle shall not be driven to the left side of the
center of the roadway in overtaking and passing another vehicle proceeding
in the same direction unless the left side is clearly visible and is free of
oncoming traffic for a sufficient distance ahead to permit the overtaking and
passing to be completely made without interfering with the safe operation of
a vehicle approaching from the opposite direction or a vehicle overtaken.
The overtaking vehicle shall return to the right hand side of the roadway
before coming within three hundred feet (300') of a vehicle approaching
from the opposite direction when traveling on a roadway having a legal
speed limit in excess of thirty (30) miles per hour. The overtaking vehicle
shall return to the right hand side of the roadway before coming within one
hundred feet (100') of a vehicle approaching from the opposite direction
when traveling on a roadway having a legal speed limit of thirty (30) miles
per hour or less. (Ord. 44-08, 6-16-2008)
9-7-321.304: PROHIBITED PASSING: No vehicle shall, in overtaking and
passing another vehicle or at any other time, be driven to the
left side of the roadway under the following conditions:
A. When approaching the crest of a grade or upon a curve in the
highway where the driver's view along the highway is obstructed for
a distance of approximately seven hundred feet (700').
B. When approaching within one hundred feet (100') of any narrow
bridge, viaduct, or tunnel, when so signposted, or when approaching
City of Dubuque
9-7-321.304 9-7-321.305
within one hundred feet (100') of or traversing any intersection or
railroad grade crossing.
C. Where official signs are in place directing that traffic keep to the
right, or a distinctive centerline or off centerline is marked, which
distinctive line also so directs traffic as declared in the sign manual
adopted by the department of transportation. (Ord. 44-08, 6-16-2008)
9-7-321.305: ONE-WAY STREETS: Upon those streets and parts of streets
and in those alleys designated as one-way streets and
signposted for one-way traffic, vehicles shall be driven only in the direction
designated.
A. Northerly: Traffic shall move northerly only:
In the alley between Central Avenue and White Street, from East 4th
Street to East 5th Street.
In the alley between Iowa Street and Central Avenue, from West
10th Street to West 12th Street.
In the alley between Locust Street and Main Street, from West 1st
Street to West 4th Street, and from West 6th Street to West 12th
Street.
On that portion of Elm Street lying east of the railroad tracks in said
street between East 24th Street and East 26th Street.
On the east ramps of Kerrigan Road.
On Locust Street, from 1st Street to West 16th Street.
On U.S. 61/151 off ramp connection, from 9th Street to 11th Street.
On U.S. 61/151 on ramp connection, from 9th Street to 11th Street.
On White Street, from East 4th Street to East 21st Street.
B. Southerly: Traffic shall move southerly only:
In the alley between Central Avenue and White Street from East 14th
Street to East 9th Street and from East 8th Street to East 5th Street.
City of Dubuque
10-5A-1 10-5A-2
SECTION:
10-5A-1:
10-5A-2:
CHAPTER 5
PARKS AND RECREATION
ARTICLE A. ADMINISTRATION
Park Rangers
Park And Recreation Advisory Commission
10-5A-1: PARK RANGERS: Employees assigned duties from time to
time as park rangers in the leisure services department are
designated as law enforcement officers subject to the certification of the
successful completion of training at an approved law training facility. (Ord.
54-06, 7-5-2006)
10-5A-2: PARK AND RECREATION ADVISORY COMMISSION:
A. Commission Created: There is hereby created a park and recreation
advisory commission to have such powers and responsibilities as
hereinafter provided.
B. Purpose: The purpose of the commission is to:
1. Contribute to the general beautification of the city and assist in
providing facilities for active and passive recreation through land-
scaping and maintaining park land and facilities; and
2. Provide year round opportunities for organized recreation activities
for residents of all ages and social groups. (Ord. 54-06, 7-5-2006)
C. Powers: The responsibilities of the commission are to advise the city
council on:
1. Use Of Grounds And Facilities: The establishment of rules and
regulations governing the use of all grounds and facilities that have
November 2013
City of Dubuque
10-5A-2 10-5A-2
been or may be set aside as public parks, playgrounds, trails, open
spaces, and other such park and recreation facilities and grounds.
Such rules and regulations shall include, but are not limited to: (Ord.
42-13, 8-5-2013)
a. Opening and closing hours for the use of all park and recrea-
tion facilities by the general public.
b. Establishment of fees, including the issuance of permits for
public use of all park and recreation facilities.
2. Recreational Programs: The establishment of rules and regula-
tions for all recreational programs provided by the city, including the
establishment of fees for participation by the public in such activities.
D. Cooperation With Other Agencies: In the conduct and operation of
recreation grounds and recreation programs, the commission shall
cooperate with the Dubuque community school district, Holy Family
school system and all other groups interested in the promotion and
implementation of recreational activities which are in the best
interest of the city.
E. Solicitation And Acceptance Of Donations: The commission may
solicit donations and gifts of money, personal and real property and
personal services. All such donations and gifts shall become the
property of the city for the general support of park and recreation
programs of the city unless such items have been designated by the
donors for specific purposes.
F. Membership, Appointment:
1. Membership; Quorum: The commission shall comprise seven (7)
persons who shall be appointed by the city council for terms of three
(3) years. Four (4) members of the commission shall constitute a
quorum for the transaction of business.
2. Terms: The expiration date for all terms of office shall be June 30
of the appropriate year.
G. Attendance:
1. Attendance Entered Upon Minutes: The attendance of all commis-
sion members shall be entered upon the minutes of all meetings by
the secretary.
November 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. (Ord. 42-13, 8-5-2013)
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 or park and
recreation facility unless specifically exempted in subsection B of this
section. (Ord. 58-10, 11-1-2010)
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.;
November 2013
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, any dog, cat or other domestic animal, nor shall any
person permit such dog, cat or other domestic animals to run at
Targe in any park. Any unattended animal shall be impounded and its
November 2013
City of Dubuque
10-5B-4 10-5B-4
owner may redeem the same upon paying the reasonable costs of
such impoundment. (Ord. 54-06, 7-5-2006)
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
November 2013
City of Dubuque
10-5B-4 10-5B-11
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). (Ord. 42-13, 8-5-2013)
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 or parkway. No person shall rob, injure or
destroy the nest of any bird or any other fowl. (Ord. 54-06, 7-5-2006)
10-5B-8: UNLAWFUL DEPOSITS: No person shall throw, deposit,
place or leave in any park or parkway 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 or parkways. (Ord.
54-06, 7-5-2006)
10-5B-9: OBSTRUCTIONS: No person shall place or suffer to remain
in any park or parkway any goods, wares, merchandise or
other articles in the nature of any obstruction to the free use and enjoyment
of such park or parkway without written permission from the park and
recreation advisory commission of the city. (Ord. 54-06, 7-5-2006)
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 or parkway. (Ord. 54-06, 7-5-2006)
10-5B-11: SALES RESTRICTED: No person shall sell or offer for sale
any article or service whatsoever in any park or parkway. The
November 2013
City of Dubuque
10-5B-11 10-5B-15
provisions of this section shall not apply to sales of refreshments or any
other articles from concession stands authorized by the commission. (Ord.
54-06, 7-5-2006)
10-5B-12: POSSESSION OF FIREARMS, WEAPONS AND FIRE-
WORKS:
A. Prohibition: The possession of firearms, air rifles, bows and arrows,
pellet guns or slingshots, or fireworks of any description by any
person within the limits of any park, parkway, trail, or open space is
hereby prohibited unless authorized through the issuance of a city
special events permit under chapter 4 of this title.
B. Deer Hunting With Bow And Arrow:
1. On City Property: Bow and arrow hunting will only be allowed on
city property in accordance with the annual deer management
program adopted by the environmental stewardship advisory com-
mission and the city council.
2. Exception: An exception to these rules may be granted if
approved through a city of Dubuque special events permit. (Ord.
42-13, 8-5-2013)
10-5B-13: CLIMBING ON FENCES, ROOFS: No person shall climb,
damage, tamper with, stand or sit on any fence, rail or any
other structure not intended for such use in any park or parkway. The climb-
ing of buildings and going onto roofs, either with ladders or from the inside
of the buildings through the windows or any other way is forbidden. Climb-
ing over ledges in ledge gardens by any person is prohibited. (Ord. 54-06,
7-5-2006)
10-5B-14: MOVING BENCHES AND TABLES: No person shall move
benches, seats and tables from any building or to any building
in any park or parkway without first securing permission of the city
manager. (Ord. 54-06, 7-5-2006)
10-5B-15: USE OF SPOTLIGHTS, SEARCHLIGHTS: It shall be unlawful
for any person, except regular park employees, to operate or
November 2013
City of Dubuque
10-5B-15 10-5B-21
manipulate in any park or upon any parkway any spotlight or searchlight.
(Ord. 54-06, 7-5-2006)
10-5B-16: MEETINGS AND GATHERINGS: Buildings for group
gatherings may be reserved during the open park season by
contacting the park and recreation office. Such reservations can be made
twenty three (23) months in advance. Buildings shall be cleaned up after
use by the party reserving the same. Litter, cans, paper, waste and refuse
shall be deposited in receptacles provided therefor. (Ord. 3-08, 1-22-2008)
10-5B-17: FIRES: No person shall start any fire in any park or upon any
parkway, except that small fires may be made in the places in
parks provided by the city for that purpose. Every person who starts or uses
any such fire is hereby charged with the duty of completely extinguishing
such fire before leaving it. (Ord. 54-06, 7-5-2006)
10-5B-18: LOOSENING STONES FROM BLUFFS PROHIBITED: No
person shall loosen stones from bluffs or roll or throw the
same down the face of the bluff. (Ord. 54-06, 7-5-2006)
10-5B-19: WASHING VEHICLES: No person shall wash any motor
vehicle, motorcycle or scooter in any city park. (Ord. 54-06,
7-5-2006)
10-5B-20: COMPLIANCE WITH MOTOR VEHICLE LAWS, ORDI-
NANCES: No person in a park or parkway shall fail to comply
with all applicable provisions of the motor vehicle laws of the state in regard
to equipment and operation of motor vehicles together with such regulations
as are contained in this article and other ordinances of the city. (Ord. 54-06,
7-5-2006)
10-5B-21: REMOVAL OF UNATTENDED VEHICLES LEFT AFTER
CLOSING HOURS: Any motor vehicle left unattended in any
of the parks after closing thereof shall be deemed abandoned and the city
manager or the park ranger shall cause the same to be towed from such
park and the same shall not be redeemed by the owner or the person res-
ponsible therefor until the reasonable towing charges and storage fees are
paid. (Ord. 54-06, 7-5-2006)
November 2013
City of Dubuque
10-5B-22 10-5B-22
10-5B-22: OPEN SEASON AND HOURS GENERALLY:
A. No person shall enter or remain in any park or park and recreation
facility other than during the season and hours designated in this
section.
B. For the purposes of this section, the regular park season shall mean
from the first Saturday in May through the fourth Sunday of October.
The pet park shall be open year round.
C. Eagle Point Park and Louis Murphy Park shall be open for use by
the public from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M.
Sunday through Thursday, and from seven o'clock (7:00) A.M. to
eleven o'clock (11:00) P.M. Friday and Saturday during the regular
park season.
D. Marshall Park and the public use area of Franklin Delano Roosevelt
Park shall be open to the general public from seven o'clock (7:00)
A.M. to sunset daily during the regular park season.
E. Gerald "Red" McAleece Park And Recreation Complex and Veterans
Memorial Park shall be open for use by the public from seven o'clock
(7:00) A.M. to twelve o'clock (12:00) midnight daily.
F. Bunker Hill Golf Course shall be open for use by the public from
seven o'clock (7:00) A.M. to eleven o'clock (11:00) P.M. daily, March
through November.
G. Flora Park Swimming Pool and Nicholas J. Sutton Swimming Pool
shall be open for use by the public from six o'clock (6:00) A.M. to ten
o'clock (10:00) P.M. daily, June through August. (Ord. 54-06,
7-5-2006)
H. The following parks and park and recreation facilities will be open for
use by the public from seven o'clock (7:00) A.M. to ten o'clock
(10:00) P.M. daily:
A.Y. McDonald Park
Allison -Henderson Park
Avon Park
Bee Branch Park
Burden Park
Cancer Survivor Park
Caledonia Park
Center Grove open space
November 2013
City of Dubuque
10-5B-22 10-5B-22
November 2013
Cleveland Park
Comiskey Park
Eagle Valley Park
Elmwood Green Park
Falk Park
Flat Iron Park
Flora Park
Gay Park
Granger Creek Nature Trail
Grant Park
Harvest View Park
Heritage Trail
Hillcrest Park
Hilltop Park
Ice Harbor Park
Jackson Park
Jaycee Trail
Jefferson Park
John G. Bergfeld Recreation Area
Madison Park
Marna Ridge Children's Forest
Medical Associates Greenbelt
Northwest Arterial Trail
Oakwood Park
Pet Park
Pinard Park
Port Of Dubuque Marina
Port Of Dubuque Riverwalk Trail
Powerline Trail
Pyatigorsk Park
Riley Park
Rocco Buda Jr. Park
Southern Levy Trail
Southern Park
Teddy Bear Park
Trolley Line Trail
Usha Park
Valentine Park
Valley High Park
Waller -Cooper Park
Washington Park
Welu Park
Westbrook Park (Ord. 42-13, 8-5-2013)
City of Dubuque
10-5B-22 10-5B-22
I. 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.
J. The city manager or authorized representative shall have the author-
ity to close any or all parks, 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.
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)
November 2013
City of Dubuque
i
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 deter-
mined 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': 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 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
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 three percent
(3%) of the gross revenue generated from the sale of natural and mixed gas within the city.
June 2010
City of Dubuque
11-4-23 11-4-25
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)
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:
I/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.
Attest: /s/ James R. Talcott
Assistant Secretary
By
PEOPLES NATURAL GAS COMPANY
Division of Utilicorp United Inc.
/s/ Melvin J. Semrad
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)
June 2010
City of Dubuque
/s/ Mary A. Davis/Clerk
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': 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 all other energy suppliers with which the city has an effective
franchise agreement allowing such fee. Any such franchise fee imposed
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 three percent
(3%) of the gross revenue generated from the sale of electricity within the city.
June 2010
City of Dubuque
11-5A-23 11-5A-24
shall be a direct charge to customers as required by the Iowa utilities board.
(Ord. 58-93, 10-4-1993)
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)
June 2010
City of Dubuque
11-5B-22 11-5B-23
11-5B-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 within the city which is used exclusively to
provide service to the consumers of the company located within the city 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
the company. (Ord. 20-04, 4-5-2004)
11-5B-23: FRANCHISE FEE: Effective June 1, 2010, and for the term of
the franchise, the company shall pay to the city a fee equal to
three percent (3%) of the gross revenue generated from the sale of
electricity within the city. The city shall provide the company with a map
depicting its current corporate boundaries and shall notify the company of
any changes to the same. (Ord. 9-10, 2-15-2010)
The company shall on the fifteenth day of each month, commencing May
15, 2004, provide to the city manager in a form acceptable to the company
and 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.
The fee imposed herein shall not apply to any sale of electricity by the
company that is exempt under Iowa Code section 422.45 from the tax
imposed by Iowa Code section 422.43, 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 may provide for a rebate of the
amount of the fee for such exempt sales of electricity to the company's
customers. Notwithstanding the foregoing, the fee imposed herein shall
apply to all sales of electricity by the company to residential customers.
June 2010
City of Dubuque
11-5B-23 11-5B-24
The city council reserves the right by amendment to this article to increase
or decrease the amount of such franchise fee as it determines to be in the
public interest. (Ord. 20-04, 4-5-2004)
11-5B-24: ADOPTION: This article, following its passage, shall become
effective upon its acceptance by the company and publication
as required by law. (Ord. 20-04, 4-5-2004)
June 2010
City of Dubuque
LIQUOR CONTROL (cont.)
Surrender Of Permit Or License; Refund Of Fee 4-2B-12
Suspension And Revocation Generally; Grounds 4-2B-15
Suspension And Revocation; Notification; Specific
Terms 4-2B-16
Term Of License Or Permit; Seasonal Licenses And
Permits 4-2B-13
Transferability As To Location 4-2B-11
Open Containers In Motor Vehicles 9-7-321.284
Open Containers In Motor Vehicles; Passengers 9-7-321.284A
LITTERING 7-5A-5
LIVESTOCK (See Also ANIMAL CONTROL) 7-6
LONG RANGE PLANNING ADVISORY COMMISSION 15-2
M
MAILBOXES
General 10-3F-1
Nuisance 10-3F-4
Permit 10-3F-2
Placement And Design 10-3F-3
MANAGER, CITY 1-7-4
MAYOR AND CITY COUNCIL
Compensation 1-6-2
Composition; Terms 1-6-1
Emergency Succession For Mayor And Council Members 1-6-4
Evidentiary Hearings By City Council 1-9
Mayor Pro Term 1-6-3
Rules And Procedure
Amendments To Motions 1-6A-8
Attendance Of Media At Council Meetings 1-6A-5
Chart Of Preference Of Motions 1-6A-9
Committees, Boards And Commissions Established 1-6A-13
General Rules 1-6A-2
Motions 1-6A-7
Motions For Special Purposes 1-6A-10
Order Of Business And Agenda 1-6A-11
Ordinances, Resolutions And Motions 1-6A-1-2
Presiding Officer 1-6A-6
Purpose 1-6A-1
Records 1-6A-4
Rights Of Public 1-6A-14
Suspension Of Rules 1-6A-15
Types Of Meetings 1-6A-3
April 2013
City of Dubuque
MECHANICAL CODE
Fees 14-1F-3
International Mechanical Code Adopted 14-1F-1
International Mechanical Code Amendments 14-1F-2
MEETINGS
Arts And Cultural Affairs Advisory Commission 2-8-12
Cable Television Commission 2-11-10
City Council 1-6A-3
Civil Service Commission 2-4-12
Environmental Stewardship Advisory Commission 2-6-5B
Historic Preservation Commission 16-10-4
Housing Commission 2-5B-4
Investment Oversight Advisory Commission 2-3-6
Long Range Planning Advisory Commission 15-2-4B
Park And Recreation Advisory Commission 10-5A-2
Transit Advisory Board 5-1-4
Zoning Advisory Commission 16-9-3B
MINORS
Adult Entertainment Establishments, Minors Prohibited In 4-8-16F
Alcoholic Beverages, Regulations Regarding 4-2A-7
Child Restraints In Vehicles 9-12-321.446
Junk Dealers And Auto Salvage Dealers, Purchases From
Minors Restricted 4 -6B -12A
Parental Responsibility For 7-5D
Pawnbrokers And Secondhand Dealers, Purchases From
Minors Restricted 4-6A-12
Social Host Responsibility 7-5E
Tobacco Products To Underage Persons 7-5A-15
Underage Persons Entering Gambling Facilities 7-5A-14
1-4
MISDEMEANOR (See Also GENERAL PENALTY, CITY CODE)
MOTOR VEHICLES AND TRAFFIC
Drivers' Licenses
Generally
Operation Of Motor Vehicle With Expired License
Operation Without Registration
Operator's License; Operation Of Commercial
Motor Vehicles 9-4-321.174
Restricted Licenses 9-4-321.193
Licensees And Nonoperators Identification Cards;
Violations
Employing Unlicensed Chauffeur 9-4-321.221
Inspection Of License Prior To Renting 9-4-321.223
April 2013
9-4-321.174A
9-4-321.98
City of Dubuque
-P- -P-
PARKS AND RECREATION (cont.)
Sales Restricted 10-5B-11
Throwing Stones Or Other Missiles 10-5B-6
Unlawful Deposits 10-5B-8
Use Of Spotlights, Searchlights 10-5B-15
Walking On Grass 10-5B-5
Washing Vehicles 10-5B-19
PAWNBROKERS AND SECONDHAND DEALERS; JUNK AND
AUTO SALVAGE DEALERS
Junk Dealers And Auto Salvage Dealers
Application Contents 4-6B-5
Definitions 4-6B-1
Denial, Suspension Or Revocation Of License 4-6B-10
Display Of License 4-6B-8
Exemptions From Article 4-6B-9
Inspection 4-6B-14
Investigation Of Applicant And Premises 4-6B-6
License 4-6B-3
Penalties 4-6B-2
Persons Eligible 4-6B-4
Prohibited Acts 4-6B-12
Proof Of Financial Responsibility 4-6B-7
Purchases Or Donation Transactions 4-6B-13
Required Records 4-6B-11
Screening Requirements For Junk And Salvage
Operations 4-6B-15
Pawnbrokers And Secondhand Dealers
Application Contents 4-6A-5
Definitions 4-6A-1
Denial, Suspension, Or Revocation Of License 4-6A-10
Display Of License 4-6A-8
Exemptions From Article 4-6A-9
Inspection 4-6A-14
Investigation Of Applicant And Premises 4-6A-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
Purchases, Security, And Consignment Transactions 4-6A-13
Required Records 4-6A-11
PEDESTRIANS' RIGHTS AND DUTY 9-8-321.326 — 9-8-321.333
PENALTY, GENERAL (See Also GENERAL PENALTY, CITY
CODE) 1-4
April 2013
City of Dubuque
-P- -P-
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
Manner Of Construction 11-6-6
Nonuse; Revocation Of License; Extensions Of Time 11-6-8
April 2013
City of Dubuque