Supplement No. 21 - Code of Ordinances - April, 2016STERLING CODIFIERS
3906 Schreiber Way
Coeur d'Alene, ID83815
(208) 665-7193
BYED
Dubuque, 0jffq'
Dubu ue 1{ .
INSTRUCTION SHEET:
REMOVE PAGE HEADED
DUBUQUE, Iowa
Supplement No. 21/April; 2016.
Includes Ordinances: 13-15, 16-15 through 20-15, 23-15, 24-15,
73.15, 74=.15 and 1-16
VOLUME
Preface
TITLE 2:
2-5B-1, Chapter 5, Article B. Housing
TITLE. 6:
6-6-7, sional, provided notice of transfer is
and following four pages
TITLE 9:
9-14, Chapter 14, "Parking,
9-14-321.614, 9-14-321.614: Parking Vehicles
and following page.
9-14-321.628, 9-14-321.628 - 9-14-321.630
9-14-321.645, 9-14-321.645: Meters; Time
9-14-321.666, 15th Street, both sides
9-14-321.703, parking places only for parking
TITLE 10:
10-3D-1, Chapter 3, Article D. Other
TITLE 11:
11-5B-22, 11-5B-22: Acquisition At Expiration
VOLUME, II
TITLE 13:
13-1C-1 Chapter 1 Article C. Rates:
and; following page
13-2C-1, Chapter 2, Article C. Rates
and following page
13-6A-4, D. Early Placement: All solid waste
and following page
INSERT NEW PAGE HEADED
Preface
2-5B-1, Chapter 5, Article B. Housing
6-6-7, sional, provided notice of transfer is
and following five pages
9-14, Chapter 14, Parking
9-14-321.614, 9-14-321.614: Parking, Vehicles',
and following page
9-14-321.631, Division 2. Municipal Parking:',
9-14-321.645, 9-14-321:645: Meters; Time
9-14-321.666, 15th Street, both sides
9-14-321/03, parking places only for parking
10-3D-1, Chapter 3, Article D. Other
11-5B-22, 11-5B-22: Acquisition At Expiration
13-1C-1, Chapter 1, Article C. Rates
and following page
13-2C-1, Chapter 2, Article C. Rates
and following page
13-6A-4, D. Early Placement: All solid waste
and following page
PREFACE
This city code of the city of Dubuque, as supple-
mented, contains ordinances up to and including
ordinance 69-15, passed November 2, 2015. Ordi-
nances of the city adopted after said ordinance
supersede the provisions of this city code to the
extent that they are in conflict or inconsistent
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code has been amended, superseded or repealed.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
December 2015
City of Dubuque
2-5B-1 2-5B-3
CHAPTER 5
HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMISSIONS
ARTICLE B. HOUSING COMMISSION
SECTION:
2-5B- 1:
2-5B- 2:
2-5B- 3:
2-5B- 4:
2-5B- 5:
2-5B- 6:
2-5B- 7:
2-5B- 8:
2-5B- 9:
2-5B-10:
2-5B-11:
2-5B-12:
2-5B-13:
2-5B-14:
2-5B-15:
Commission Created
Purpose
Internal Organization And Rules
Procedures For Operation
Membership
Oath
Terms
Vacancies
Officers/Organization
Meetings
Compensation
Removal
Powers
Project Approval
Monitor Housing Program; Conduct Hearings On Grievances
2-5B-1: COMMISSION CREATED: There is hereby created the
housing commission. (Ord. 67-15, 10-19-2015)
2-5B-2: PURPOSE: The purpose of the commission is to undertake
and carry out studies and analysis of housing needs and the
meeting of such needs; to recommend proposed projects in the area of low
and moderate income housing for the citizens of the city; to monitor the
city's housing programs; and to conduct grievances regarding the rental
assistance program, except in the area of housing code enforcement. (Ord.
67-15, 10-19-2015)
2-5B-3: INTERNAL ORGANIZATION AND RULES: The commission
may adopt rules and regulations to govern its organizational
December 2015
City of Dubuque
2-5B-3 2-5B-6
procedures as may be necessary and which are not in conflict with this
code or the Iowa Code. (Ord. 67-15, 10-19-2015)
2-5B-4: PROCEDURES FOR OPERATION: All administrative, person-
nel, accounting, budgetary, and procurement policies of the
city govern the commission in all its operations. (Ord. 67-15, 10-19-2015)
2-5B-5: MEMBERSHIP:
A. Number: The commission comprises ten (10) residents of the city.
B. Age: Residents must be eighteen (18) years of age or older.
C. Special Qualifications:
1. At least three (3) members must be selected specifically on the
basis of experience in real estate development, banking, finance,
accounting, funds management, or other related areas of expertise.
2. One member must be a person who is a recipient of tenant based
rental assistance under section 8 of the United States housing act of
1937, whose name appears on a lease of section 8 property. If such
member ceases to be a recipient of rental assistance under section
8, the term of such member is deemed terminated and a new mem-
ber who meets the requirements of this subsection must be
appointed for the remainder of the term.
3. One member must be appointed by the commission, with city
council approval, to serve on the community development advisory
commission.
4. Three (3) members must be appointed by the commission, with
city council approval, to serve on the housing trust fund advisory
commission.
5. The remaining members are at large members. (Ord. 67-15,
10-19-2015)
2-5B-6: OATH: Each person, upon appointment or reappointment to
the commission, must execute an oath of office at the first
meeting of the commission following the appointment or reappointment or at
December 2015
City of Dubuque
6-6-7 6-6-7
sional, provided notice of transfer is given in writing to the city
manager not less than five (5) working days prior to the proposed
transfer. Such notice must include the name and address of the
property owner, manager, or licensed real estate professional
succeeding to the ownership or control of such licensed dwelling.
d. A rental dwelling operating license is not transferable from
one dwelling to another dwelling.
e. A property owner, manager, or licensed real estate
professional holding an operating license must give notice in writing
to the city manager not less than five (5) working days after having
transferred or otherwise disposed of the ownership or control of the
licensed dwelling. Such notice must include the name and address of
the property owner, manager, or licensed real estate professional
succeeding to the ownership or control of such licensed dwelling.
3. Suspension/Revocation:
a. The city manager may, for good cause, suspend or revoke a
rental dwelling operating license for a dwelling, and in the case of a
multi -family dwelling, suspend the license as to one or more units for
a period not to exceed one year for any of the following: (Ord. 5-11,
1-18-2011)
(1) Conviction or judgment of the licensee for violation of any
provision of this housing code;
(2) Misrepresentation by the licensee of any material fact in
the application for a license;
(3) Refusal by the licensee to permit inspection by authorized
personnel of the premises licensed; (2007 Code § 26-7)
(4) Nonpayment of the fee for renewal of the dwelling
operating license;
(5) Failure to attend the crime free multi -housing program; or
(6) Failure to perform a required criminal background check
on an applicant for tenancy.
b. Prior to any suspension or revocation under this subsection,
the city manager must give notice in writing to the property manager,
May 2011
City of Dubuque
6-6-7 6-6-7
owner, or licensed real estate professional and provide for an
opportunity to appeal under section 6-6-9 of this chapter.
c. During the period of revocation or suspension, a unit for which
the license was suspended or revoked may not be relicensed. (Ord.
5-11, 1-18-2011)
d. The city manager shall cause to be issued to the licensee a
notice that the license is suspended or revoked, setting forth the
reason(s) therefor. The notice shall be sent by certified United States
mail to the licensee at the address on file with the city manager.
e. Appeal by the licensee to the housing code appeals board
from a decision of the city manager may be taken by delivering
within fourteen (14) days from the date of receipt of the notice of
suspension or revocation, a written notice of appeal to the city
manager. The city manager shall notify the licensee in writing of the
time and place for hearing the appeal. At any hearing, the burden of
proof shall be on the city manager to sustain the suspension or
revocation. The licensee may present evidence at the hearing as to
why the license should not be suspended or revoked. The appeals
board may reverse, modify or affirm the decision of the city manager.
f. The city manager shall give written notice of the suspension or i
revocation of the license to each tenant, requiring the tenant to
vacate the premises within such period as the city manager shall
determine. Any tenant who fails to vacate the premises after such
time shall be guilty of a misdemeanor. (2007 Code § 26-7)
4. Licenses: The city manager is hereby authorized to issue and
renew a rental dwelling operating license in the name of the appli-
cant property owner, manager, or licensed real estate professional,
provided the following criteria are met:
a. Application: The property owner, manager, or licensed real
estate professional must first make application therefor on an
application provided by the city manager.
b. Compliance With Housing Code: The dwelling for which a
rental dwelling operating license is sought is warranted by the
property owner, manager, or licensed real estate professional to
substantially comply with this housing code. (Ord. 5-11, 1-18-2011)
May 2011
City of Dubuque
6-6-7 6-6-7
c. Fees: All fees required by this housing code pursuant to the
issuance of a rental dwelling operating license are paid in full to the
city. (2007 Code § 26-7)
d. Designated Agent: The property owner, manager, or licensed
real estate professional must designate a responsible agent to
represent the property owner, manager, or licensed real estate
professional whenever the property owner, manager, or licensed real
estate professional is not available for maintenance of the dwelling
for which a license is sought. The agent must have the same
authority and responsibility as the property owner, manager, or
licensed real estate professional for maintaining the dwelling.
e. Completion Of Program: The property owner or manager must
have completed the crime free multi -housing program (the program)
or a program of continuing education approved by the city manager
as follows:
(1) A property owner or manager who manages over ten (10)
rental units must complete the program within twelve (12)
months of the passage of this chapter.
(2) A property owner or manager who manages between five
(5) and nine (9) rental units must complete the program within
twenty four (24) months of the passage of this chapter.
(3) A property owner or manager who manages between one
and four (4) rental units must complete the program within
thirty six (36) months of the passage of this chapter.
(4) Until such time as the property owner or manager has
completed the program or an equivalent program of
continuing education approved by the city manager, only a
temporary rental license may be issued.
(5) A property owner or manager who has completed the
program since 2000 according to the city's records, or who
can provide other proof of completion, will be exempted from
this requirement.
(6) Licensed real estate professionals are exempted from the
crime free multi -housing program attendance requirement.
(Ord. 5-11, 1-18-2011)
May 2011
City of Dubuque
6-6-7 6-6-7
(7) The city manager may waive the continuing education/
crime free multi -housing program attendance requirement
upon the submission of a written request by a property owner,
manager, or licensed real estate professional and after finding
that:
(A) The property is properly licensed by the city of
Dubuque;
(B) The property has no history of priority category
designation or any founded code violations within the
previous twelve (12) months; and
(C) A waiver will not provide the property owner with
an unfair advantage in a competitive real estate market.
f. Criminal Background Checks:
(1) The property owner, manager, or licensed real estate
professional agrees to conduct background checks for all
prospective tenants whose tenancy commences on or after
July 1, 2011. A background check may be performed using
the city's free background check service or by another
background check service approved by the city manager.
(2) The city manager may waive the criminal background
check requirement upon the submission of a written request
by a property owner, manager, or licensed real estate
professional and after a finding that:
(A) The property is properly licensed by the city of
Dubuque;
(B) The property has no history of priority category
designation or any founded code violations within the
previous twelve (12) months; and
(C) A waiver will not create a danger to nearby
residents. (Ord. 12-11, 2-7-2011)
5. Renewal, Penalty For Failure To Renew License:
a. Application for renewal of a rental dwelling operating license
may be made within sixty (60) days prior to the expiration of an
existing operating license.
May 2011
City of Dubuque
6-6-7 6-6-7
b. Application for renewal of rental dwelling operating licenses in
any year shall be due on January 1. Application may be made and
license fees paid until April 1 without penalty. Applications made
after April 1 shall be assessed a penalty amount of ten percent
(10%) of the cost of the annual license for each year or portion of a
year of delinquency. (2007 Code § 26-7)
6. Relationship Of License To Other Codes: The issuance of a
license for a rental dwelling unit does not in any way signify or imply
that the rental dwelling unit conforms with Iowa law and this code,
nor does the issuance of a license relieve the property owner,
manager, or licensed real estate professional of the responsibility for
compliance with applicable Iowa law and this code.
B. Inspections:
1. General: All real or personal property used or intended to be used
for residential purposes is subject to inspection by the city manager
or city manager's designee:
a. Whenever requested and approved by the property owner,
manager, licensed real estate professional, or occupant; or (Ord.
5-11, 1-18-2011)
b. Whenever the city manager has reason to believe there is a
violation of this housing code; or (2007 Code § 26-7)
c. Whenever, upon inspection, a violation of this housing code is
found, and notice and order to correct is given, the dwelling unit is
subject to reinspection to determine if the required corrections have
been made; or
d. When the dwelling unit is located in any area designated by
the city for comprehensive block enforcement of the housing code;
or (Ord. 5-11, 1-18-2011)
e. If the property is a licensed rental unit or is subject to
licensing requirements pursuant to subsection A of this section.
(2007 Code § 26-7)
2. Inspection Requirements For All Licensed Dwellings:
a. All rental dwelling units are subject to regular housing code
enforcement inspection and follow up reinspection as necessary.
There will be no charge for the initial rental dwelling unit inspection,
May 2011
City of Dubuque
6-6-7 6-6-8
for any complaint generated inspection, and for two (2) follow up
reinspections. For each required additional follow up reinspection, a
reinspection fee must be paid by the property owner, manager, or
licensed real estate professional in an amount set by the city
manager.
b. Not less than seven (7) calendar days prior to a scheduled
inspection, the city manager or the city manager's designee will mail
written notice by regular mail to the license holder and any known
tenants of the date and time of a scheduled inspection. If the license
holder or an authorized representative of the license holder fails to
be present at the time of the scheduled inspection and the inspector
is unable to obtain entry to the dwelling unit, a second inspection will
be scheduled and a rescheduling fee must be paid by the license
holder in an amount set by the city manager.
c. The license holder may cancel a scheduled inspection one
time without payment of the rescheduling fee, provided the city
manager or the city manager's designee is notified of the cancella-
tion not less than forty eight (48) hours prior to the scheduled
inspection. (Ord. 5-11, 1-18-2011)
3. Presale And/Or Mortgage Inspection: Whenever a person requests
presale, preloan or other housing inspection, the person making the
application shall pay an inspection fee as specified by resolution of
the city council. (2007 Code § 26-7)
6-6-8: HOUSING CODE APPEALS BOARD:
A. Created: There is hereby created a housing code appeals board.
B. Purpose: The housing code appeals board shall conduct hearings
upon application by any person aggrieved by a notice and order of
the city manager issued in connection with a violation of this housing
code or of any applicable rule or regulation issued pursuant to this
housing code.
C. Membership; Terms Of Office; Vacancies:
1. The housing code appeals board shall be comprised of seven (7)
persons who shall be appointed by the city council for terms of three
(3) years. All terms of office shall expire on January 11 in their
respective years.
May 2011
City of Dubuque
6-6-8 6-6-8
Reasonable efforts should be made to obtain representation of both
tenant and landlord interests in the appointment process.
2. Upon completion of a term of office, a member shall continue to
serve in the member's full capacity until a successor has been duly
appointed.
3. Vacancies on the board caused by death, resignation or other
reason shall be promptly filled by the city council for the unexpired
term of office.
4. The board shall elect a chairperson and vice chairperson from its
members at the first regular meeting of each year.
5. Members of the board shall be residents of the city and may not
be employed by the city.
D. Meetings:
1. The housing code appeals board shall meet at least quarterly and
at such other times as necessary in order to fulfill its purpose.
2. Members of the board shall attend at least two-thirds (2/3) of all
regularly scheduled and held meetings within a twelve (12) month
period. If any member does not attend such prescribed number of
meetings, it shall constitute grounds for the board to recommend to
the city council that the member be replaced. The attendance of all
members shall be entered upon the minutes of all meetings.
3. All meetings shall be held in conformance with the provisions of
the Iowa open meetings law.
4. The city manager shall serve as secretary to the board and shall
render all decisions and findings in writing to the appellant.
5. The city manager shall file with the city clerk a copy of the
minutes of each meeting of the board within ten (10) working days
after each such meeting.
E. Internal Organization And Rules: The housing code appeals board
may adopt rules and regulations to govern its organizational
procedures as it may deem necessary and which are not in conflict
with this chapter or other ordinances of the city.
September 2015
City of Dubuque
6-6-8 6-6-9
F. Procedures For Operations: All administrative, personnel, account-
ing, budgetary and procurement policies of the city shall govern the
housing code appeals board in all of its operations. (2007 Code
§ 26-8)
G. Removal: Except as provided in subsection D2 of this section, the
city council may remove any member for good cause. (Ord. 34-15,
5-18-2015)
6-6-9: PROCEDURE FOR HEARING APPEAL:
A. Application: Any person aggrieved by a notice and order of the city
manager issued in connection with any alleged violation of this hous-
ing code or of any applicable rule or regulation issued pursuant
thereto, may apply to the housing code appeals board for a
reconsideration of such notice and order, provided such application
is made within fourteen (14) days of the date the notice and order
was issued. The application for reconsideration shall include the fol-
lowing:
1. Name and address of appellants.
2. A brief statement setting forth the legal interest of each of the
appellants in the real or personal property used or intended to be
used for residential purposes identified in the notice and order.
3. A brief statement in ordinary and concise language of that specific
order or action protested, together with any material facts claimed to
support the contentions of the appellant.
4. A brief statement in ordinary and concise language of the relief
sought, and the reasons why it is claimed the protested order or
action should be reversed, modified or otherwise set aside.
5. The signatures of all parties named as appellants, and their offi-
cial mailing address.
B. Appeal Filing Fee: At the time of filing such an application for an
appeal, the appellant shall pay therewith a filing fee in an amount
specified by resolution of the city council.
If the appellant's appeal is granted by the appeals board, the fee
shall be fully refunded. If more than one appeal is requested on a
single property, the board shall refund the fee according to a pro rata
September 2015
City of Dubuque
6-6-9 6-6-9
determination of appeals granted. This fee refund shall apply both
for variance and time extension requests.
C. Notice Of Hearing: Upon receipt of any application for reconsidera-
tion filed pursuant to this section, the city manager shall forward
same to the chairperson of the housing code appeals board. As soon
as practicable after receiving the application, the chairperson of the
housing code appeals board shall fix a date, time and place for the
hearing of the appeal. Such date shall be not less than thirty (30)
days nor more than sixty (60) days from the date the appeal was
received by the city manager unless the appellant agrees to an
earlier adjudication of the case. Written notice of the time and place
of the hearing shall be given at least ten (10) days prior to the date
of the hearing to each appellant either by causing a copy of such
notice to be personally delivered to the appellant or by mailing a
copy thereof to the appellant's address shown on the application.
D. Waiver: Failure of any person to file an application in accordance
with the provisions of this housing code shall constitute a waiver of
such person's right to an administrative hearing and adjudication of
the notice and order, or to any portion thereof.
September 2015
City of Dubuque
9-14 9-14
SECTION:
9-14-321.600:
9-14-321.601:
9-14-321.602:
9-14-321.603:
9-14-321.604:
9-14-321.605:
9-14-321.606:
9-14-321.607:
9-14-321.608:
9-14-321.609:
9-14-321.610:
9-14-321.611:
9-14-321.612:
9-14-321.613:
9-14-321.614:
9-14-321.615:
9-14-321.616:
9-14-321.617:
9-14-321.618:
9-14-321.619:
9-14-321.620:
9-14-321.621:
9-14-321.622:
9-14-321.623:
9-14-321.624:
9-14-321.625:
CHAPTER 14
PARKING
Division 1. Generally
Prohibited In Specified Places
Loading Zones
Parking Prohibited On Designated Streets Or Portions
Thereof
Parking Restrictions In School Areas
Parallel Parking Required; Exceptions For Angle Parking
Bus Stops Or Passenger Zones
Reserved
Parking In Front Of Others' Residences
Parking Restrictions For Semitrailers On Designated
Streets Or Portions Thereof
Parking Restriction For Trucks And Trailers On Designated
Streets Or Portions Thereof
Loading And Unloading In Business Districts To Be Done
In Alley Where Possible
Parking In Fire Lanes
Parking In Parking Lots
Backing For Purposes Of Parking In Business Districts
Parking Vehicles For Purposes Of Sale Or Storage
Prohibited; Special Permits Authorized
Parking Of Advertising Vehicles
Reserved Service Vehicle Parking
Reserved Parking For City Employees
Parking In Alleys
Reserved Law Enforcement Vehicle Parking
Parking On Private Property Without Consent Of Owner
Parking Violations; Fines
Parking Violations; Posting Bond
Parking Violations; Effect Of Specific Sections
Parking Violations; Removal Of Certain Vehicles
Authorized; Prerequisites To Release
Parking Violations; Evidentiary Effect Of Registration
Plates
City of Dubuque
9-14 9-14
9-14-321.626: Reserved Fire Department Parking
9-14-321.627: Alternate Side Street Parking
9-14-321.628 - 9-14-321.630: Reserved
9-14-321.631:
9-14-321.632:
9-14-321.633:
9-14-321.634:
9-14-321.635:
9-14-321.636:
9-14-321.637:
9-14-321.638:
9-14-321.639:
9-14-321.640:
9-14-321.641:
9-14-321.642:
9-14-321.643:
9-14-321.644:
9-14-321.645:
9-14-321.646:
9-14-321.647:
9-14-321.648:
9-14-321.649:
9-14-321.650:
9-14-321.651:
9-14-321.652 -
9-14-321.661:
9-14-321.662:
9-14-321.663:
9-14-321.664:
9-14-321.665:
9-14-321.666:
9-14-321.667:
9-14-321.668:
Division 2. Municipal Parking Ramps
Fee Collection And Traffic Regulation Devices
Manner Of Parking In Spaces
Backing Into Spaces
Trucks Restricted
Height Of, Projections On Vehicles Restricted
Parking Time Restricted; Reserved Spaces
Reserved Parking Space Restrictions
Repairs, Maintenance Of Vehicles
Hours Of Operation
Fees And Charges
Parking Without Paying Required Fee Prohibited;
Exception
Division 3. Municipal Parking Lots
Designated; Lots
Meters; Installation Authorized And Directed
Meters; Manner Of Construction, Installation, And Marking
Meters; Time And Fee Schedule For Specific Lots
Meters; Deposit Of Coins Required At Certain Times
Unlawful To Use Slugs
Meters; Defacing, Tampering
Establishment Of Spaces; Parking Within Spaces Required
Overtime Parking Prohibited
Establishing Special Use Fees For Municipal Parking
Ramps
9-14-321.660: Reserved
Division 4. Parking Meters
Definitions
Installation Authorized And Directed; Time Restrictions
Manner Of Construction, Installation, And Marking
Spaces
When Operation Is Required
Municipal Parking Meter District Established
Fee Schedule
Maximum Parking Times
City of Dubuque
9-14-321.614 9-14-321.617
9-14-321.614: PARKING VEHICLES FOR PURPOSES OF SALE OR
STORAGE PROHIBITED; SPECIAL PERMITS AUTHOR-
IZED:
A. No person shall park or permit to be parked any vehicle upon the
streets or alleys merely for the purpose of displaying it for sale or
storing it while not in use.
B. The city manager may issue to any person a special permit to park a
vehicle on such streets or portions thereof designated for such from
time to time only for the purpose of selling produce upon the public
market and upon such conditions as the city manager shall
prescribe. Such permit shall be either in the possession of the
operator or on the vehicle at the time the vehicle is so parked. It
shall be unlawful to violate any of the special terms or conditions
thereof. (Ord. 44-08, 6-16-2008)
9-14-321.615: PARKING OF ADVERTISING VEHICLES: No person
shall park any vehicle upon the streets which, by loud-
speakers or mechanical devices, is used to advertise events or the sale of
goods, wares, or merchandise. (Ord. 44-08, 6-16-2008)
9-14-321.616: RESERVED SERVICE VEHICLE PARKING:
A. Generally: When appropriate signs have been erected, a space not
to exceed eighty feet (80') is hereby set aside adjacent to the
municipal auditorium for the parking of vehicles engaged in loading,
unloading, or actually servicing the facility. It shall be unlawful for the
operator of any vehicle to stop, stand, or park within such space
unless and until an appropriate service vehicle emblem has been
obtained from the manager of the said facility and is prominently
displayed from the interior of said vehicle.
B. Service Vehicle Emblems: Service vehicle emblems of appropriate
design shall be supplied to the facility by the city manager. (Ord.
44-08, 6-16-2008)
9-14-321.617: RESERVED PARKING FOR CITY EMPLOYEES:
A. When appropriate signs have been posted, spaces to accommodate
vehicles are hereby set aside for the parking of vehicles by city
employees.
July 2014
City of Dubuque
9-14-321.617 9-14-321.621
B. It shall be unlawful for the operator of any vehicle to stop, stand, or
park within such space unless such person is a city employee. (Ord.
44-08, 6-16-2008)
9-14-321.618: PARKING IN ALLEYS: Unless actually engaged in taking
on or discharging persons, goods, or merchandise, no
person shall stop or park a vehicle in the alleys or portions of alleys desig-
nated as alleys from time to time when parking or stopping is prohibited. All
vehicles stopped or parked in any of said alleys for the purpose of taking on
or discharging persons, goods, or merchandise shall have a qualified
operator in attendance at all times being subject to movement upon request
of a police or fire officer. The provisions of this section shall not apply to
vehicles standing or parked in compliance with the directions of a police
officer or a traffic control device. (Ord. 44-08, 6-16-2008)
9-14-321.619: RESERVED LAW ENFORCEMENT VEHICLE PARKING:
A. When appropriate signs have been posted, the following areas are
hereby set aside for the parking of law enforcement vehicles:
That area located on the easterly side of Iowa Street between
the law enforcement center driveway and the south right of
way line of 8th Street.
B. It shall be unlawful for the operator of any vehicle to stop, stand, or
park within such area unless such vehicle is clearly identified and
marked as a vehicle assigned to law enforcement activities. (Ord.
44-08, 6-16-2008)
9-14-321.620: PARKING ON PRIVATE PROPERTY WITHOUT CON-
SENT OF OWNER: No person shall drive, stop, stand, or
park a vehicle onto or upon privately owned property, or an area developed
as a private off street parking facility, without the consent of the owner,
lessee, or person in charge of such privately owned property or facility.
(Ord. 44-08, 6-16-2008)
9-14-321.621: PARKING VIOLATIONS; FINES:
A. The owner or operator of any vehicle who shall receive notice, either
personally or by the attaching of such notice to said vehicle, that
July 2014
City of Dubuque
9-14-321.621 9-14-321.621
said vehicle is parked in such manner, in such a place or for such a
time as to violate the provisions of this chapter relating to the park-
ing of vehicles, shall pay to the city treasurer as a penalty for such
violation the following sum:
1. Except as provided in subsection A2, A3, A4, A5, or A6 of this
section, any violation of this chapter, an initial fine of fifteen dollars
($15.00) if paid within thirty (30) calendar days of the date of the
violation. If payment is not made within such thirty (30) calendar
days, said fine shall be twenty dollars ($20.00).
2. Disabled parking violations, a fine of two hundred dollars
($200.00).
3. Expired parking meter violations, an initial fine of seven dollars
($7.00) if paid within thirty (30) calendar days of the date of the
violation. If payment is not made within such thirty (30) calendar
days, said fine shall be twelve dollars ($12.00).
4. Parking in violation of any designated fire lane, a fine of fifty
dollars ($50.00).
5. Parking within five feet (5') on any side of the point on the curb
nearest to a fire hydrant, a fine of fifty dollars ($50.00).
6. Parking in violation of snow route restrictions, a fine of thirty
dollars ($30.00) if paid within thirty (30) calendar days of the date of
the violation. If payment is not made within such thirty (30) calendar
days, said fine shall be thirty five dollars ($35.00). The first snow
route restriction violation of each winter season for a vehicle shall be
voided if the owner of the vehicle registers their contact information
with the police department. (Ord. 22-14, 3-5-2014)
Payment of the above fine by mail to the city treasurer shall be
deemed paid as of the date of the postmark on the envelope thereof.
C. For purposes of this section, a ticket shall become delinquent if not
paid within seven (7) calendar days from the date of issuance. (Ord.
74-08, 11-3-2008)
D. For purposes of this section, the city manager may waive a parking
violation fine for emergency responders including, but not limited to,
firefighters, law enforcement officers, emergency medical service
personnel, emergency communications personnel, auxiliary police,
and other personnel having emergency response duties for a viola -
July 2014
City of Dubuque
9-14-321.621 9-14-321.625
tion received during an emergency response event or service to the
city. (Ord. 50-12, 9-17-2012)
9-14-321.622: PARKING VIOLATIONS; POSTING BOND: All persons
receiving such notice of violation and deeming themselves
not guilty of such offense, or desiring to appear and defend against the
same, shall within seven (7) calendar days appear at the police department
and promise to appear in the district court of Dubuque County, Iowa, for
trial. (Ord. 44-08, 6-16-2008)
9-14-321.623: PARKING VIOLATIONS; EFFECT OF SPECIFIC
SECTIONS: The provisions of sections 9-14-321.621 and
9-14-321.622 of this chapter shall not in any manner affect the penalty
provisions of any other ordinance, or part of ordinance, relating to the
parking of vehicles upon the streets, avenues, alleys, .or public places within
the city, but shall be cumulative of all other ordinances on the subject and
for the purpose of providing a more convenient and economical method of
handling such violations. (Ord. 44-08, 6-16-2008)
9-14-321.624: PARKING VIOLATIONS; REMOVAL OF CERTAIN VEHI-
CLES AUTHORIZED; PREREQUISITES TO RELEASE:
A. Whenever a vehicle is found stopped or parked in violation of any
state law or city ordinance, or in such manner as to cause a
dangerous condition to exist, or whenever the owner or operator of a
vehicle has failed to report or heed a notice to appear before the
proper magistrate, any police officer may remove such vehicle from
a street or alley to a place of safekeeping.
B. If such vehicle must be serviced or towed, the fee, together with any
other necessary expense incurred in such removal, shall be
assessed against the vehicle and shall be paid before it is released.
(Ord. 44-08, 6-16-2008)
9-14-321.625: PARKING VIOLATIONS; EVIDENTIARY EFFECT OF
REGISTRATION PLATES: In any proceedings for violation
of the parking provisions of this title, the registration plates displayed on
such motor vehicle involved in such violation shall constitute prima facie
evidence that the owner of such motor vehicle was the person who parked
July 2014
City of Dubuque
9-14-321.628 9-14-321.635
9-14-321.628 — 9-14-321.630: RESERVED: (Ord. 44-08, 6-16-2008)
DIVISION 2. MUNICIPAL PARKING RAMPS
9-14-321.631: FEE COLLECTION AND TRAFFIC REGULATION
DEVICES: The city manager shall cause to be installed in
the municipal parking ramps appropriate devices to provide for the
collection of fees and the regulation, control, and inspection of motor
vehicles parked therein. (Ord. 44-08, 6-16-2008)
9-14-321.632: MANNER OF PARKING IN SPACES: Each motor vehicle
parked in the municipal parking ramps shall be parked
within such parking spaces as are established and designated by
appropriate markings, and each motor vehicle operated or moved therein
and therefrom shall be operated or moved within the traffic lanes
established and designated by appropriate markings. It shall be prohibited
for any person to cause, allow, permit, or suffer any motor vehicle
registered in the name of such person to be parked in the municipal parking
ramps in a position not entirely within such marked parking spaces or in
such a manner as will obstruct free movement of motor vehicles in such
marked traffic lanes. (Ord. 44-08, 6-16-2008)
9-14-321.633: BACKING INTO SPACES: No motor vehicles shall be
backed into a parking space in a municipal parking ramp
except in those spaces which are laid off at right angles to the designated
traffic lanes. (Ord. 44-08, 6-16-2008)
9-14-321.634: TRUCKS RESTRICTED: No operator of a truck vehicle,
other than a pickup truck, shall operate or drive such truck
vehicle into or in a municipal parking ramp. (Ord. 44-08, 6-16-2008)
9-14-321.635: HEIGHT OF, PROJECTIONS ON VEHICLES RESTRICT-
ED: No operator of any motor vehicle having projections
therefrom with a height in excess of the posted restrictions shall operate or
drive such vehicle into or in the municipal parking ramps. (Ord. 44-08,
6-16-2008)
City of Dubuque
9-14-321.636 9-14-321.639
9-14-321.636: PARKING TIME RESTRICTED; RESERVED SPACES:
Use of the municipal parking ramps shall be limited to the
parking and storage of motor vehicles for a period not to exceed the
maximum of twenty four (24) hours in a single parking period, except that
the city manager may reserve certain parking spaces therein to tenants
upon a month to month basis upon payment in advance of the monthly
rental charge. For a fee of six dollars ($6.00) per twenty four (24) hour day,
paid in advance, and the time period not to exceed one hundred twenty
(120) hours or five (5) days, the city manager may authorize overnight
storage of motor vehicles. Arrangements shall be made in advance for such
overnight storage of motor vehicles in the municipal parking ramps. (Ord.
44-08, 6-16-2008)
9-14-321.637: RESERVED PARKING SPACE RESTRICTIONS:
Reserved parking space tenants may be assigned specific
numbered spaces. An assigned reserved parking space tenant shall not
park in a space other than the space assigned to that tenant unless duly
authorized and directed by the parking system manager, and any tenant
who so parks shall be liable for a fine as provided in section 9-14-321.621
of this chapter. (Ord. 44-08, 6-16-2008)
9-14-321.638: REPAIRS, MAINTENANCE OF VEHICLES: No person
shall clean out or wash motor vehicles, change tires,
change oil, or make repairs to any motor vehicle parked in a municipal
parking ramp, except such necessary work to start or move a motor vehicle
from the parking ramp may be permitted for such purpose only. (Ord. 44-08,
6-16-2008)
9-14-321.639: HOURS OF OPERATION: The city manager shall
designate the hours during which the municipal parking
ramps will be open for transient parking business. The city manager shall
publish notice of such hours by prominently displaying such notice within
the ramps. The city manager shall keep the city council informed of the
hours of opening and closing thereof or any change of such hours. It is
intended hereby that regular service hours shall be established for the
operation of the parking ramps, but in addition, permit such flexibility in the
established hours so that the municipal parking ramps can be operated
according to service demand, special events, and holiday shopping
requirements. (Ord. 44-08, 6-16-2008)
City of Dubuque
9-14-321.645 9-14-321.645
9-14-321.645: METERS; TIME AND FEE SCHEDULE FOR SPECIFIC
LOTS:
A. Parking meters on municipally owned parking lots, when installed
and properly operated, shall show legal parking upon and after the
deposit of United States coins, and in the nonmetered parking lots,
parking spaces shall be reserved in accordance with the following
schedules:
1. On parking lots no. 2, 3, 5, 6, 7, 9, and 10, the amount of fee shall
be displayed on each parking meter and shall indicate the period of
time allowed for the particular United States coin deposit after meter
has been placed in operation. The maximum parking time allowed
shall be indicated on the parking meter assigned to the meter space
to which it applies.
2. On parking lot no. 5, reserved parking for each space for which a
parking meter has not been installed shall be reserved by the city for
assignment by the city manager for purposes of carrying out the
business of city government.
3. On parking lot no. 10, reserved parking for nonmetered spaces
shall be between the hours of six o'clock (6:00) A.M. and six o'clock
(6:00) P.M. daily, excluding Saturdays, Sundays, and holidays, at a
monthly rate of forty seven dollars ($47.00), payable each month.
4. On parking lot no. 12, reserved parking for nonmetered spaces
shall be between the hours of six o'clock (6:00) A.M. and six o'clock
(6:00) P.M. daily, excluding Saturdays, Sundays, and holidays, at a
monthly rate of thirty five dollars ($35.00), payable each month.
5. On parking lots no. 2 and 4, reserved parking for each space for
which parking meters have not been installed shall be rented through
an agreement approved by the city council. Reserved parking for
nonmetered spaces shall be between the hours of six o'clock (6:00)
A.M. and six o'clock (6:00) P.M. daily, excluding Saturdays,
Sundays, and holidays, at a monthly rate of thirty seven dollars
($37.00), payable each month.
6. On parking lot no. 3 and the federal building parking lot, reserved
parking for nonmetered spaces shall be between the hours of six
o'clock (6:00) A.M. and six o'clock (6:00) P.M. daily, excluding
Saturdays, Sundays, and holidays, at a monthly rate of forty two
dollars ($42.00), payable each month. (Ord. 17-10, 3-9-2010)
June 2010
City of Dubuque
9-14-321.645 9-14-321.649
B. Notice of such restrictions, as provided for in this section, shall be
displayed at each lot. The owner or operator of any vehicle who shall
receive notice either personally or by the attaching of such notice to
said vehicle if said vehicle is parked in violation of this section shall,
when such notice is served upon such owner or operator or attached
to said vehicle, pay to the city treasurer as a penalty for such
violation the sum of fifteen dollars ($15.00) and after thirty (30) days
a sum of twenty dollars ($20.00). (Ord. 44-08, 6-16-2008)
9-14-321.646: METERS; DEPOSIT OF COINS REQUIRED AT CERTAIN
TIMES: When parking spaces are established and marked
and parking meters installed adjacent thereto in municipally owned parking
Tots, it shall be unlawful for any person to be parked within such space for
the time during which the meter is showing a signal indicating that such
space is illegally in use. Such meters shall be placed in operation by
deposit of appropriate coin therein during the hours of eight o'clock (8:00)
A.M. to five o'clock (5:00) P.M. Monday through Saturday of each week,
except holidays. (Ord. 44-08, 6-16-2008)
9-14-321.647: UNLAWFUL TO USE SLUGS: It shall be unlawful to
deposit or cause to be deposited in any parking meter any
slug, device, or any metallic substitute for any United States coin. (Ord.
44-08, 6-16-2008)
9-14-321.648: METERS; DEFACING, TAMPERING: It shall be unlawful
for any unauthorized person to open, or for any person to
deface, injure, tamper with, or wilfully break, destroy, or impair the
usefulness of any parking meter installed pursuant to this division. (Ord.
44-08, 6-16-2008)
9-14-321.649: ESTABLISHMENT OF SPACES; PARKING WITHIN
SPACES REQUIRED: The city manager shall establish
and designate by suitable markings, parking spaces, and traffic lanes on
municipally owned parking lots and each motor vehicle parking in such
parking lots shall park within such parking spaces. It shall be unlawful to
park any motor vehicle on any municipally owned parking lot in such a
position that the same shall not be entirely within such parking space or in
such a manner that it shall obstruct the free movement of vehicles over
such traffic lanes. (Ord. 44-08, 6-16-2008)
June 2010
City of Dubuque
9-14-321.666 9-14-321.666
15th Street, both sides, between White Street and the alley east of
Iowa Street.
15th Street, south side, between Iowa Street and the alley west of
Central Avenue.
16th Street, both sides, between the alley east of Central Avenue
and the alley west of Central Avenue.
17th Street, south side, between the alley east of Central Avenue
and the alley west of Central Avenue.
18th Street, south side, between Central Avenue and the alley east
of Central Avenue.
North -south streets:
Bluff Street, both sides, between 3rd Street and 8th Street.
Bluff Street, both sides, between 10th Street and 12th Street.
Bluff Street, west side, between 8th Street and 9th Street.
Central Avenue, both sides, between 4th Street and 19th Street.
Iowa Street, both sides, between 4th Street and Loras Boulevard.
Iowa Street, west side of median, between 5th Street and 9th Street.
Jackson Street, both sides, between 8th Street and 11th Street.
Locust Street, both sides, between 1st Street and Loras Boulevard.
Main Street, both sides, between 1st Street and 5th Street.
Main Street, both sides, between 8th Street and 10th Street, except
where posted "NO PARKING".
Main Street, both sides, between 9th Street and Loras Boulevard.
Main Street, both sides, from 1st Street to a point two hundred
twenty feet (220') south of 1st Street.
Main Street, both sides, from 5th Street to 8th Street.
July 2014
City of Dubuque
9-14-321.666 9-14-321.667
Washington Street, both sides, from 8th Street to 11th Street.
White Street, both sides, from 5th Street to 11th Street.
White Street, west side, between 11th Street and 13th Street.
White Street, west side, between 13th Street and 14th Street.
White Street, west side, between East 14th Street and East 15th
Street.
1st to 2nd Street connector, east of Main Street, east side, between
1st and 2nd. (Ord. 48-12, 9-4-2012)
9-14-321.667: FEE SCHEDULE: Subject to the limitations provided in this
division, parking meters, when installed and properly
operated, shall show legal parking upon and after deposit of United States
coins in accordance with the following schedule:
A. One hour parking meters shall show legal parking for fifty cents
($0.50) per hour, but not more than a total of sixty (60) minutes at
any one time.
B. Two (2) hour parking meters shall show legal parking for fifty cents
($0.50) per hour, but not more than a total of one hundred twenty
(120) minutes at any one time.
C. Four (4) hour parking meters shall show legal parking for fifty cents
($0.50) per hour, but not more than a total of four (4) hours at any
one time. (Ord. 44-08, 6-16-2008)
D. Ten (10) hour parking meters shall show legal parking for thirty five
cents ($0.35) per hour, but not more than a total of ten (10) hours at
any one time. (Ord. 21-14, 3-5-2014)
E. Twenty (20) minute parking meters shall show legal parking for
seventy five cents ($0.75) per hour, but not more than a total of
twenty (20) minutes at any one time.
F. Forty (40) minute parking meters shall show legal parking for
seventy five cents ($0.75) per hour, but not more than a total of forty
(40) minutes at any one time. (Ord. 44-08, 6-16-2008)
July 2014
City of Dubuque
9-14-321.703 9-14-321.705
parking places only for parking motor vehicles displaying a special
identification device issued by an official state or federal agency.
B. Angular parking places designated for disabled person parking shall
have a parking place width of at least eight feet (8') with an
additional adjacent access aisle of a minimum five feet (5') in width
to provide for access to and from the parking space by disabled
persons who are confined to wheelchairs or need the use of walkers
or crutches for mobility. Where such angular parking spaces are
designated "van accessible", the width of the angular parking place
shall be at least eight feet (8') with an additional adjacent access
aisle of a minimum eight feet (8') in width. (Ord. 44-08, 6-16-2008)
9-14-321.704: DISABILITY SIGNS REQUIRED:
A. Parking spaces designated as special parking places for disabled
persons shall be identified with the disability parking sign on a
vertical post bearing the international symbol of accessibility; the fine
is one hundred dollars ($100.00) for improper use.
B. Any person who owns or leases rental property in the city and is
required to provide disabled parking by the Iowa Code shall identify
each parking space with a disability parking sign bearing the
international symbol of accessibility; the fine is one hundred dollars
($100.00) for improper use. (Ord. 44-08, 6-16-2008)
9-14-321.705: PROHIBITED USE OF PARKING PLACES OR IDENTIFI-
CATION DEVICES:
A. Violation: The use of a disabled person space, including the access
aisle, located on either public or private property, by a motor vehicle
not displaying a special identification device issued by an official
state or federal agency, or by a motor vehicle displaying such a
device but not being used by a disabled person, as operator or
passenger, is prohibited and is a misdemeanor for which a fine may
be imposed upon the owner, operator, or lessee of the motor vehicle.
The fine for each violation shall be two hundred dollars ($200.00).
B. Parking Of Vehicle: Each motor vehicle authorized to use a disabled
person space shall be parked within such parking spaces as are
established and designated by appropriate markings. Each motor
vehicle authorized to use a disabled person space when operated or
moved therein and therefrom shall be operated or moved within the
April 2012
City of Dubuque
9-14-321.705 9-14-321.707
traffic lanes established and designated by appropriate markings. It
shall be prohibited for any person to cause, allow, or permit any
motor vehicle to park across, blocking or within the accessible
access aisle of a disabled person parking space. The fine for each
violation shall be two hundred dollars ($200.00). (Ord. 18-12,
2-20-2012)
C. Snow Removal:
1. The owner of any property on which is located any disabled
parking spaces and/or access aisles shall not allow any snow or ice,
or accumulations thereof, on the property to impede the free access
and use of such disabled parking spaces or access aisles.
2. No person shall use a disabled parking space or access aisle,
located on either public or private property, for the storage of snow.
3. A property owner notified by written notification from the city
manager of a violation of this subsection shall remove the snow or
ice, or accumulations thereof, within twenty four (24) hours of receipt
of the notification. (Ord. 10-10, 2-15-2010)
9-14-321.706: AUTHORITY TO IMPOUND VEHICLES PARKING IN
VIOLATION OF CHAPTER:
A. Any motor vehicle located or parked in a special parking place
designated for disabled persons in violation of section 9-14-321.705
of this chapter may be towed or removed by or under the direction of
the city manager.
B. The towing and storage of motor vehicles parked in violation of this
division shall be in accordance with sections 9-15-321.770,
9-15-321.771 and 9-15-321.772 of this title. (Ord. 44-08, 6-16-2008)
9-14-321.707: BUSINESS DISTRICT:
A. There is hereby established a business district, pursuant to Iowa
Code section 321L.5(4)(a), for the purpose of allocating disabled
person parking spaces within said district.
B. The said business district shall be defined as municipal parking Tots
and the parking meter district as described in sections 9-14-321.643
and 9-14-321.666 of this chapter. (Ord. 44-08, 6-16-2008)
April 2012
City of Dubuque
10-3D-1 10-3D-2
SECTION:
10-3D-1:
10-30-2:
10-3D-3:
10-3D-4:
10-3D-5:
CHAPTER 3
ENCROACHMENTS ON PUBLIC PLACES
ARTICLE D. OTHER ENCROACHMENTS
Definition
Permit Requirements; Fees
Compliance With Historic Preservation Regulations
Maintenance
Covenant Of Permit Holder
10-3D-1: DEFINITION: The term "public place or places" shall mean
public grounds, streets, sidewalks, alleys, bridges, culverts,
overpasses, underpasses, grade crossing separations and approaches,
public ways, squares and commons. (2007 Code § 41-160)
10-3D-2: PERMIT REQUIREMENTS; FEES:
A. Permit Required: No person, firm or corporation shall place and/or
maintain any encroachment not otherwise provided for in this article
in a public place without first obtaining a permit therefor from the city
manager and complying with all applicable local, state and federal
regulations. (2007 Code § 41-161)
B. Application For Permit: Any application for a permit under this article
shall be filed with the city manager on a form provided by the city
manager. (2007 Code § 41-162)
C. Permit Fees: The applicant shall pay the permit fee to the city for an
encroachment at the time of the filing of an application. (2007 Code
§ 41-163)
City of Dubuque
10-3D-3 10-3D-5
10-3D-3: COMPLIANCE WITH HISTORIC PRESERVATION REGU-
LATIONS: The city manager shall not issue a permit for any
encroachment which does not comply with the regulations set forth in title
14, chapter 6 of this code. (2007 Code § 41-164)
10-3D-4: MAINTENANCE: The permit holder for any encroachment for
which a permit is issued shall:
A. Maintain the encroachment in a good state of repair; and
B. Construct the encroachment of such materials as to meet all local,
state and federal regulations. (2007 Code § 41-165)
10-3D-5: COVENANT OF PERMIT HOLDER: The permit holder shall
agree in writing prior to the issuance of a permit to the
following:
A. The permit holder, by acceptance of a permit, covenants and agrees
that the revocable permit granted does not constitute approval of the
design, construction, repair or maintenance of any encroachment.
B. The permit holder, by acceptance of a permit, covenants and agrees
not to assert a claim or defense against the city in the event of claim
asserted for death, personal injuries and/or property damage against
the permit holder arising out of or in any way connected with the
design, construction, repair or maintenance of the encroachment for
which a permit is issued. (2007 Code § 41-168)
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. (Ord. 20-04, 4-5-2004)
Effective July 1, 2013, the fee imposed by section 23 of ordinance 20-04,
as amended by ordinance 9-10, shall not apply to any sale of electricity by
the company that is exempt under Iowa Code section 423.3 from the tax
imposed by Iowa Code section 423.2 and in computing the amount of the
fee, the company shall not include such sales, unless it is impracticable to
do so, in which event the city manager shall provide a rebate of the amount
of the fee for such exempt sales of electricity to company's customers
provided a written request is submitted by a customer to the city manager in
the city's fiscal year (July 1 - June 30) in which the customer pays such
fees. Any rebate of franchise fees which may have been available under
any prior amendment or ordinance which was not paid prior to July 1, 2013,
March 2014
City of Dubuque
11-5B-23 11-5B-24
is declared void and any claim for any such rebate shall not be honored or
paid by the city. (Ord. 8-14, 2-3-2014)
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)
March 2014
City of Dubuque
13-10-1 13-1C-1
SECTION:
13-1C-1:
13-1C-2:
13-1C-3:
13-1C-4:
CHAPTER 1
WATER USE AND SERVICE
ARTICLE C. RATES
Residential, Commercial, Industrial And All Other Uses
Fire Sprinkler Service
Construction Use
Payment Of Bilis
13-1C-1: RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND ALL
OTHER USES:
A. Rates Established: The rates to be charged for water for residential,
commercial, industrial and all other uses and purposes by any
person, firm or corporation within the city shall be based on units of
one hundred (100) cubic feet (748 gallons) or per gallon as follows:
Monthly Consumption
(In Hundreds Of Cubic Feet)
Charge Per Hundred
Cubic Feet
First 30
$3.05
Next 120
2,49
Next 350
2.30
Next 500
2.04
Next 1,000
1.81
Monthly Consumption
(In Gallons)
Charge Per Gallon
First 22,440
$0.00406
Next 89,760
0.00332
Next 261,800
0.00309
Next 374,000
0.00274
Next 748,000
0.00240
July 2014
City of Dubuque
13-1C-1
13-1C-1
Rates shall be subject to the following minimum monthly charge
according to the size of the meter:
Meter Size
(Inches)
Monthly
Consumption
(In Hundreds Of
Cubic Feet)
Monthly
Consumption
(In Gallons)
Minimum
Charge
5/8
2
1,496
$ 6.07
3/4
5
3,740
15.18
1
8
5,984
24.30
11/2
26
19,448
78.96
2
46
34,408
130.84
3
106
79,288
279.84
4
168
125,664
430.71
6
368
275,264
892.98
8
625
467,500
1,454.26
A property owner shall pay a fifty dollar ($50.00) disconnect fee for
water service that is disconnected by the city for a meter not in ser-
vice. When a tenant account is subject to disconnection due to delin-
quency, the tenant shall pay the fifty dollar ($50.00) disconnect fee.
A fifty dollar ($50.00) service call fee shall be charged to property
owners or tenant account for those service calls that are determined
to be related to customer negligence.
A five dollar ($5.00) minimum monthly charge shall be assessed for
meters not in service. (Ord. 17-14, 3-5-2014, eff. 7-1-2014)
B. Rates Outside City Limits: The rates to be charged for water
supplied by the city to residential, commercial, industrial and other
uses and purposes by any person outside the corporation limits of
the city, shall be at one hundred fifty percent (150%) of the rates set
forth in subsection A of this section.
C. Estimated Billings: For all meters in service, bills will be issued
monthly. When a meter is not read monthly for any reason, bills will
be issued on estimated consumption. For estimated billings, either
on alternate months or when readings are not obtainable for any
reason, consumption will be predicated on the monthly average of
July 2014
City of Dubuque
13-1C-1
13-1C-2
past usage for the meter. For estimated bills issued for an account in
which historical data is not available, billing will be predicated on the
minimum charge and related consumption identified for the size of
the meter in service for the particular account.
D. Adjustments From Estimated Readings: Adjustments from estimated
readings will be made when an actual meter reading is obtained. The
adjustment will be reflected on the user's next regular bill. (2007
Code § 44-201)
13-1C-2: FIRE SPRINKLER SERVICE: Customers who have fire
sprinkler service shall be billed for this service on a monthly
basis. The monthly charge shall be as follows:
Number Of Heads Current
Monthly Charges
Up to 200 (minimum monthly charge)
$18.60
200 - 299
22.32
300 - 399
26.00
400 - 599
29.75
600 - 799
33.44
800 - 999
37.18
1,000 - 1,199
40.91
1,200 - 1,399
44.58
1,400 - 1,599
48.32
1,600 - 1,799
52.04
1,800 - 1,999
55.73
2,000 - 2,199
59.46
2,200 - 2,399
63.17
2,400 - 2,599
66.90
2,600 - 2,799
70.62
2,800 - 2,999
74.41
3,000 - 3,499
78.04
Over 3,500 (for each additional 500
heads or fraction thereof)
3.71
(Ord. 18-14, 3-5-2014, eff. 7-1-2014)
July 2014
City of Dubuque
13-1C-3
13-1C-3: CONSTRUCTION USE:
13-1C-4
A. Application For Temporary Water Service; Deposit: When a tempo-
rary water service is desired for construction work, application shall
be made to the city manager. A deposit equal to the actual cost of
the meter and fittings shall be paid in advance. The applicant shall
guarantee payment of such water service charges and return said
meter in good condition.
B. Installation Of Meter: The applicant shall thereupon install a suitable
meter, furnished by the city, and shall pay for all water furnished in
accordance with the then prevailing water rates including minimum
monthly charges.
C. Payment Of Charge When Installation Of Meter Impractical: If it is
the opinion of the city manager that placement of a meter is impracti-
cal, then the deposit for meter and fittings shall not be required, but
a charge, as determined by the city manager, after official publica-
tion, shall be made, but under no circumstances shall water be used
for sprinkling lawns, wetting down yards or compacting of soil unless
a meter has been installed on the service, or arrangements have
been made for such usage.
D. Water Rate For Various Other Purposes: The rate for water charged
for other purposes not mentioned herein, such as for circuses,
carnivals, fairs, skating rinks, swimming pools, tank wagons and
filling cisterns will be made by the city manager when application is
made for the same at the water office. (2007 Code § 44-203)
13-1C-4: PAYMENT OF BILLS:
A. Locations For Payment Of Bills: Payment of bills may be made at
locations that have been designated by the city manager, after offi-
cial publication.
B. Due When Rendered: All utility bills are due when rendered. (Ord.
31-08, 5-5-2008)
C. Late Payments; Procedure Upon Delinquency:
1. If a bill remains unpaid twenty five (25) days following the billing
date, there will be added to the bill a penalty of five percent (5%) of
the total utility bill for late payment.
July 2014
City of Dubuque
13-2C-1 13-2C-2
CHAPTER 2
SEWERS AND SEWAGE DISPOSAL
ARTICLE C. RATES
SECTION:
13-2C-1: Purpose
13-2C-2: Definitions
13-2C-3: Rates Established
13-2C-4: Areas Not Served By Public System
13-2C-5: Lien For Failure To Pay
13-2C-6: Cost Of Collection
13-2C-1: PURPOSE: It is hereby determined and declared to be neces-
sary and conducive to the protection of the public health,
safety, welfare and convenience of the city to levy and collect just and
equitable charges, rates or rentals upon all Tots, parcels of real estate and
buildings that are connected directly or indirectly with the sanitary sewage
system of the city, the proceeds of such charges or rentals so derived to be
used for the purpose of constructing, operating, maintaining and repairing
such sewage treatment plant. (2007 Code § 44-82)
13-2C-2: DEFINITIONS: The following words and terms, as used in
this article, shall be deemed to mean and be construed as
follows:
CONTRIBUTOR: Any person responsible for the production of
domestic, commercial or industrial waste which
is directly or indirectly discharged into the city's
sanitary sewer system.
SEWAGE SERVICE
CHARGE:
Any and all rates, charges, fees or rentals
levied against and payable by the contributors,
including special contracts or agreements which
have been or may be negotiated by and
between the city, commercial establishments,
City of Dubuque
July 2014
13-2C-2 13-2C-3
SEWAGE
TREATMENT PLANT:
industries, manufacturing plants or corporations
for the purpose of collecting rates, charges,
fees or rentals.
Any and all units of the municipal sewage treat-
ment system owned and operated by the city,
including the interceptor sewer system, the
pumping stations delivering sewage to the plant
and the outfall sewer system.
WATER The city water department. (2007 Code § 44-81)
DEPARTMENT:
13-2C-3: RATES ESTABLISHED: Contributors whose property lies
within the corporate limits of the city, except as otherwise
provided in this article, shall pay to the city at the same time payment for
water services is made, a sewer service charge computed on water
consumption on the following rates:
A. Basic Charges: The sewer rates and charges shall be based on the
quantity of water used on or in the property or premises. For all
customers utilizing sewer service, bills will be issued on estimated
consumption. For estimated billings, either on alternate months, or
when a reading on a water meter is not obtainable for any reason,
consumption will be predicated on the monthly average of the past
usage for the metered account. For estimated bills issued for an
account in which historical data is not available, billing will be
predicated on the minimum charge and related consumption identi-
fied in subsection C7 of this section for the size of the water meter in
service for the particular account. (2007 Code § 44-83)
B. Schedule Of Rates:
Rate per each 100 cubic feet $4.19
Rate per each gallon 0.0056
(Ord. 19-14, 3-5-2014, eff. 7-1-2014)
C. Service Charge:
1. When a parcel of real estate, property or building discharging
sanitary sewage, industrial wastes, water or other approved waste,
July 2014
City of Dubuque
13-2C-3 13-2C-3
either directly or indirectly into the city's sanitary sewer system, is
not a user of water supplied by the city water division and the water
used thereon or therein is not acceptable to the city, the amount of
water used shall be determined by the city in such a manner as the
city manager may elect to establish the rate of charge as provided in
this article, or the owner or other interested parties at their expense,
may install and maintain a meter acceptable to the city for said
purposes.
2. When a parcel of real estate, property or building discharging
sanitary sewerage, industrial wastes, water or other approved waste,
either directly or indirectly into the city's sanitary sewer system, is a
user of water supplied by the city water division and in addition uses
water from another source which is not measured by a water meter
or is measured by a water meter not acceptable to the city, the
amount of water used shall be determined by the city in such a
manner as the city manager may elect in order to establish the rate
of charge as provided in this article, or the owner or other interested
parties at their expense may install and maintain a meter acceptable
to the city for said purposes.
3. When a parcel of real estate, property or building discharging
sanitary sewage, industrial wastes, water or other approved waste,
either directly or indirectly into the city's sanitary sewer system, is
not a user of water supplied by the city water division, the amount of
sanitary sewage, industrial wastes, water or other approved waste
discharged into the sanitary sewer system shall be determined by
the city in such a manner as the city manager may elect in order to
establish the rate of charge as provided in this article, or the owner
or other interested parties at their expense, may install and maintain
a sewage meter acceptable to the city for said purposes.
4. The city council may, in its discretion, when applicable, permit
connection to the city sanitary sewer system of properties located
outside the corporate limits upon such terms and conditions as it
may establish; provided, however, that such terms shall not be more
favorable to such property than rates herein established for city
users.
5. In order that the rates and charges may be modestly and
equitably adjusted to the service rendered, the city shall have the
right to base its charges not only on volume, but also on the strength
and content of the sewage and wastes of the user. The city shall
have the right to measure and determine the strength and content of
all sewage and wastes discharged either directly or indirectly into the
July 2014
City of Dubuque
13-2C-3 13-2C-4
city's sanitary sewer system, in such manner and by such methods
as it may deem practicable in the light of the conditions and
circumstances of the case in order to determine the proper charge.
Extra charges will be applicable and negotiated with users on an
individual account basis when concentration of the sewage exceeds
three hundred milligrams per liter (300 mg/I) of biochemical oxygen
demand, three hundred fifty milligrams per liter (350 mg/I) of
suspended solids or two percent (2%) or more of the flow rate into
the sewage treatment plant.
6. The rates and charges may be billed to the tenant and tenants
occupying the properties served, unless otherwise requested in
writing by the owners, but such billings shall in no way relieve the
owner from liability in the event payment is not made as required in
this article. (2007 Code § 44-83)
7. Where the quantity of water consumed is such that the minimum
of service is charged, the minimum sewer service charge, according
to the size of the meter, shall be as follows:
Meter Size
(Inches)
Minimum
Charge
Allowance
(Cubic Feet)
Allowance
(Gallons)
5/8
$ 8.37
200
1,496
3/4
20.93
500
3,740
1 or larger
33.48
800
5,984
(Ord. 19-14, 3-5-2014, eff. 7-1-2014)
13-2C-4: AREAS NOT SERVED BY PUBLIC SYSTEM: The rates,
service charges, rentals or fees as provided in this article
shall become effective at the time sewage from the contributors is first
directed to the sanitary sewer system. At the time sanitary sewers are con-
structed in areas not now served by a sanitary sewer system, contributors
shall be granted a reasonable time to make connection to the sewer. The
effective date of the sewage service charge and the reasonable time to
connect to the sanitary sewer system will be determined by the city
manager. (2007 Code § 44-84)
July 2014
City of Dubuque
13-6A-4 13-6A-6
D. Early Placement: All solid waste shall be placed at the designated
collection location for city collection by six o'clock (6:00) A.M. on the
scheduled collection day.
E. Duty When Solid Waste Not Collected: Any solid waste not in
compliance with this chapter shall not be collected by the city and
shall be removed by the owner within twenty four (24) hours after the
scheduled collection day and stored in such a manner as not to
create a health, safety or fire hazard. (2007 Code § 40-34)
13-6A-5: OWNERSHIP OF MATERIALS; UNAUTHORIZED COL-
LECTING PROHIBITED: From the time of placement for col-
lection as provided in section 13-6A-4 of this article, all solid waste and
recyclable materials and recycling containers which meet the requirements
of this chapter placed for collection by the city shall become and be the
property of the city and it shall be a violation of this section for any person
other than authorized personnel of the city to collect, pick up, or cause to
be collected or picked up, any such materials. (2007 Code § 40-35)
13-6A-6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS:
A. Class I Premises: Except as qualified below, a fee of thirteen dollars
twenty four cents ($13.24) per dwelling unit per month shall be paid
to the city by the property owner of each class I premises for such
services. Said fee shall be in payment for collection and disposal of
one 35 -gallon can or one 35 -gallon trash bag of "solid waste" as
defined in this chapter. There is no limit on the number of bins
allowed to be collected containing acceptable "recyclable materials"
as defined in this chapter. Exceptions to the collection charges for
class I premises are as follows:
1. When a class I premises has been vacant for a period not less
than three (3) consecutive months, the owner may apply to the city
manager for a credit under procedures to be established by the city
manager. Such credit shall continue only so long as the class I
premises is vacant.
2. Class I premises when the head of the household is sixty five (65)
years of age or older and has an annual income equal to or less
than the income standards used by HUD for its "section 8 housing
program" for one and two (2) person households may, upon applica-
tion to the city manager, be exempted from one-half (1/2) the estab-
July 2014
City of Dubuque
13-6A-6 13-6A-6
lished collection charge. After the initial application, annual appli-
cation shall be made by the head of household on July 1 of each
year to verify annual income and eligibility.
3. In cases of extreme financial hardship, the city manager may, and
is hereby authorized and empowered to, make adjustments in the
monthly collection charges as the city manager may deem appropri-
ate. In such cases, the city manager shall have the authority to
require such proof of vacancy, financial status, age or extreme
hardship, as the city manager may deem necessary.
4. Class I premises when a family household of five (5) or more
persons has an annual income equal to or less than the income
standards used by HUD for its "section 8 housing program" for the
size of that household may, upon application to the city manager, be
exempted from one-half (1/2) the established collection charge. After
the initial application, annual application shall be made by the head
of household on July 1 of each year to verify annual income and
eligibility.
B. Class II Premises:
1. A fee of thirteen dollars twenty four cents ($13.24) per month shall
be paid to the city by the property owner of each class II premises
for such services. Said fee shall be in payment for collection and
disposal of one 35 -gallon can or one 35 -gallon trash bag of "solid
waste" as defined. There is no limit on the number of bins allowed to
be collected containing acceptable "recyclable materials" as defined.
2. The owner of a class II premises served by the city solid waste
collection may provide the city manager with not less than fourteen
(14) days' written notice of intent to terminate the service. Such
termination of service shall be effective at the beginning of the next
billing period after such fourteen (14) day notice period.
C. Class III Premises:
1. A fee of thirteen dollars twenty four cents ($13.24) per month shall
be paid to the city by the property owner of each class III premises
for such services. Said fee shall be in payment for collection and
disposal of one 35 -gallon can or one 35 -gallon trash bag of "solid
waste" as defined. There is no limit on the number of bins allowed to
be collected containing acceptable "recyclable materials" as defined.
July 2014
City of Dubuque
13-6A-6 13-6A-6
2. The owner of a class III premises served by city solid waste
collection may provide the city manager with not less than fourteen
(14) days' written notice of intent to terminate the service. Such
termination of service shall be effective at the beginning of the next
billing period after such fourteen (14) day notice period.
D. Unit Based Pricing: Collection options and charges under unit based
pricing for class I, II and III premises are as follows:
1. A yearly subscription for weekly collection of an additional
standard solid waste container, or containers, may be subscribed for
an additional eight dollars ($8.00) each per month.
2. Oversized, nonstandard rigid solid waste containers of up to fifty
(50) gallons in capacity may be subscribed as the one container
covered under the base monthly solid waste fee for an additional five
dollars ($5.00) per month. Such containers shall be holders for
standard trash bags for manual removal by city crews, shall not
contain any loose material, and shall not be lifted and dumped by
crews. Individual trash bags held in the oversized container shall
weigh no more than forty (40) pounds.
3. A yearly subscription for weekly collection of an additional
oversized solid waste container, or containers, may be subscribed
for an additional twelve dollars ($12.00) each per month.
4. Solid waste carts, owned by the city for semiautomated lifting,
may be subscribed by owners and/or property managers of class I, II
and III premises. The customer shall choose the number and size of
the cart. The fee for a sixty four (64) gallon city cart shall be twenty
two dollars ($22.00) each per month. The fee for a ninety six (96)
gallon city cart shall be thirty three dollars ($33.00) each per month.
5. Official city of Dubuque single use stickers costing one dollar fifty
cents ($1.50) shall be applied to each additional standard solid
waste container or small bulky or bundled item in excess of the one
standard solid waste container collected under the base monthly
solid waste fee or any additional subscribed container(s).
6. Multiple -family dwellings of three (3), four (4), five (5), and six (6)
dwelling units as well as class II or class III premises sharing a
common set out location with other city solid waste customers shall
only use approved rigid solid waste containers with permanent
identification as to the specific premises. However, for the two (2)
July 2014
City of Dubuque
13-6A-6 13-6A-7
weeks following Christmas, excess solid waste may be set out in
trash bags with applied city of Dubuque single use stickers.
7. In alleys where solid waste carts, owned by the city for
semiautomated lifting, are required to be subscribed by owners,
tenants and/or property managers of class 1, II, and 111 premises
where the approved set out location is in an alley. The customer
shall choose the number and size of the cart(s). Such carts shall be
subscribed according to a fee schedule and program requirements
as approved by the city manager.
E. Special Collection: The charge for a special collection service for
large and bulky rubbish to each dwelling unit receiving such service
when requested by the owner shall be as follows:
1. A fee of ten dollars ($10.00) shall be paid by the owner for each
time the service is provided for up to the equivalent of three (3) cubic
yards of solid waste.
2. An additional fee of twelve dollars fifty cents ($12.50) shall be
paid for each additional three (3) cubic yards of solid waste.
3. An additional fee for tires, equal to the disposal fees charged at
the Dubuque metro landfill, shall be paid to the city by the owner for
each tire.
4. An additional fee of ten dollars ($10.00) shall be paid to the city
by the owner for each appliance collected in the service.
5. An additional fee of ten dollars ($10.00) shall be paid to the city
by the owner for each collection requested by the owner to be
scheduled for service on a day not receiving weekly collection at the
service address.
6. An additional fee of ten dollars ($10.00) shall be paid to the city
by the owner for each collection requested by the owner to be
scheduled for immediate service or whenever crews are sent back to
the service address to collect items that were not properly set out on
time as previously scheduled. (Ord. 20-14, 3-5-2014, eff. 7-1-2014)
13-6A-7: CHARGES; BILLING AND COLLECTION:
A. City Billing: The city manager is authorized to bill tenants upon the
written request of the property owner and according to a procedure
July 2014
City of Dubuque