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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 Consult the city office in order to ascertain whether any particular provision of the code has been amended, superseded or repealed.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