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Supplement No. 04 - Code of Ordinances - May 2011STERLTNG CODIFIERS 3906 Schreiber Way Coeur d'Alene, ID 83815 (208) 665-7193 I Mi GERV D PM 3s 4it City Clerk's tlCE Dubuou ;IA INSTRUCTION SHEET: REMOVE PAGE HEADED DUBUQUE, Iowa' •Supplement. No. 4/May, '2011 Includes Ordinances: -58-10, 59-10;'60-10, 63-10, 65-10,.: 1-11, 5-11 through 1211, 15-11 through'25-11, 28-11 and INSERT NEW VOLUME -I Preface TABLE OF CONTENTS: Table Of Contents, Title 1, Administration and following page TITLE 2: Title 2, Boards And Commissions TITLE 4: , 4-2B-12, 1. If surrendered during thefirst and following page TITLE 6: Ditch, Drain Or Stormwater and following page 6-6-1 Chapter 6, Housing Regulations 6 6 5 6-6 5;: Enforcement Of _Order Of City -- and following two pages TITLE 7: Title 7, Police, Fire And Public Safety Preface PAGE HEADED Table Of Contents, Title' 1, Administration and following page Title 2, Boards And Commissions ; 2-9-1, Chapter 9, sSisterCity Relationships and following page (insert immediately after page headed 2-8-12, least four (4) members shall be) 4-2B-12, 1. If surrendered during the first and following three pages. 6-4-3, C. Ditch, Drain Or Stormwater and following two pages 6-6-1, Chapter 6, Housing Regulations Enforcement Of Order Of City and following four pages 6-6-11, 6-6-11:, Habitual Violator and following page (insert immediately after page headed 6-6-10, L. Site And Neighborhood). Title 7, Police, Fire And Public Safety 7-5D-1, Chapter 5, Article D. Parental (insert immediately after, page headed 7-5C-7, any forcible entry and detainer) REMOVE PAGE HEADED TITLE 9: 9-1-321.1, Chapter 1, General Provisions 9-1-321.1, highway for a distance of three and following page 9-7-321.256, Division 8. Right Of Way 9-7-321.318, A. Left turn: Hand and arm and following ten pages 9-14, 9-14-321.669: Exemption Of Persons and following ten pages 9-14-321.621,said vehicle is parked in and following page 9-14-321.665, 'that; the motor vehicle and following page 9-14-321.739, Cornell Street TITLE 10: 10-5B-1, Chapter 5, Article B. Use Regulations and following page VOLUME II TABLE OF CONTENTS: Table Of Contents,Title 1, Administration and following page TITLE 13: 13-1C-1, Chapter 1, Article C. Rates '. and following page 13-2C-1, Chapter 2, Article C. Rates and following page 13-4-5, 13-4-5: SFU Rate, Charges TITLE 14: Title 14, Building And Development and following page 14-1A-4, 3. At its next regular meeting 14-2-3, 4. Every permit for the use of TITLE 16: 16-2-3, tional vehicles of the general public 16-2-3, Yard, Required: See definition 16-5-19-1, Printing or publishing 16-9-5, peculiar to the property is claimed and`foliowing page INSERT NEW PAGE HEADED: 9-1-321.1, Chapter 1, General Provisions 9-1-321.1, highway for a distance of three, and; following page 9-7-321.256, Division 8. Right Of Way 9-7-321.31`8, A. Left turn: Hand and arm and following" two pages 9-14, 9-14-321.669: Exemption Of h,ersons and following ten pages 9-14-321.621, said vehicle is parked in and following page 9-14-321.665, that the motor vehicle and following two pages 9-14-321.739, Cornell Street 10-5B-1, Chapter 5, Article,B. Use Regulations and following page Table Of Contents, Title 1, Administration and following page 13-1C-1, Chapter 1, Article C. Rates and following page 13-2C-1, Chapter 2, Article C. Rates. and following page 13-4.5, 13-4-5: SFU Rate, Charges Title 14, Building And Development, and following page 14-1A-4, 3.' At its next regular meeting. and following page 14-2-3, 4. Every permit for the use of 14-13-1, Chapter 13, Solar Thermal Licenses and followingtwo pages (insert immediately after page headed 14-12-11; 14-12-11: Enforcement Measures) 16-2-3, tional vehicles of the general public 16-2-3, Yard, Required: See definition 16-5-19-1; Printing or publishing 16-9-5, peculiar to the property is claimed and following page REMOVE PAGE HEADED INSERT NEW PAGE HEADED TITLE 16 (cont.) 16-10-11, intersection with Emmett Street 16-11-1, Chapter 11, Land Subdivision 16-13-2, 1. Urban Renewal Districts and following page 16-13-3-4, 16-13-3-4: Parking Structures INDEX: -B-, Bicycles (cont.) `. and following page -H-, Hotel And Motel Tax -L-, Liquor, Control (cont.) -M-, Motor Vehicles..., Obedience To And -0-, Offenses (cont.) and following page -R-, Rights Of Way (cont.) 16-10-11, intersection with Emmett Street and following page 16-11-1, Chapter 11, Land Subdivision and following page 16-13-2, 1. Urban Renewal Districts and following page, 16-13-3-4, 16-13-3-4: Parking Structures B , Bicycles (cont.) and following two pages -H-, Hotel And Motel Tax -L-, Liquor Control (cont-.) -M-, Motor Vehicles..., Obedience To And -0-, Offenses (cont.) and following page -R-,!Rights Of Way (cont:) and following page PREFACE This city code of the city of Dubuque, as supple- mented, contains ordinances up to and including ordinance 54-10, passed September 20, 2010. 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 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 November 2010 City of Dubuque TABLE OF CONTENTS TITLE 1 Administration Dubuque City Code 1 Saving Clause 2 Definitions 3 General Penalty 4 Charter 5 Mayor And City Council 6 Rules And Procedure 6A City Officers And Employees 7 Elections, Precincts And Wards 8 Evidentiary Hearings By City Council 9 Miscellaneous Administrative Provisions 10 Emergency Succession During Disaster 11 TITLE 2 Boards And Commissions Hearings And Appeals 1 Civil Service Commission 2 Investment Oversight Advisory Commission 3 Civic Center Advisory Commission 4 Housing Agency And Community Development Commissions 5 Municipal Housing Agency And Governing Board (Rep. by Ord. 26-09, 6-1-2009) 5A Housing Commission 5B Community Development Advisory Commission 5C Trust Fund Advisory Committee 5D Environmental Stewardship Advisory Commission 6 Board Of Library Trustees 7 Arts And Cultural Affairs Advisory Commission 8 TITLE 3 Revenue And Taxation Property Tax 1 Revitalization Areas 2 Hotel And Motel Tax 3 Economic Development 4 Industrial Projects 4A Enterprise Zone Commission 4B Speculative Shell Buildings Of Community Development Organizations And For Profit Entities 4C Residential Relocation Assis- tance Program 4D TITLE 4 Business And License Regulations Business Licenses Generally 1 Liquor Control 2 Alcoholic Beverages 2A Liquor, Beer And Wine Licenses And Permits 2B Excursion Boat Admission Fees .. 3 Central Market 4 Door To Door Sales 5 Junk And Secondhand Dealers And Pawnbrokers 6 Vehicles For Hire And Public Transportation 7 Nonmotorized Vehicles 7A Motorized Vehicles For Hire . . 7B Adult Entertainment Establish- ments 8 Peddlers And Transient Merchants 9 City of Dubuque TITLE 5 Transit System Transit Advisory Board; General Provisions TITLE 6 Health, Housing, Sanitation And Environment TITLE 8 Human Rights Definitions; General Provisions 1 1 Human Rights Commission 2 Unfair And Discriminatory Practices 3 Disability Discrimination 3A Enforcement Of Civil Rights 4 Fair Housing 5 Health And Safety Regulations 1 Food Establishments And Hotel Sanitation 2 Ambulances 3 Nuisances 4 Noises 5 Housing Regulations 6 Hazardous Waste, Substances And Conditions 7 Trees And Weeds 8 Fire Prevention Regulations 9 TITLE 7 Police, Fire And Public Safety Police Department 1 Fire Department 2 Emergency Management 3 Alarm System Permits 4 Offenses 5 General Offenses 5A Drug Paraphernalia 5B Crime Property 5C Animal Control 6 Miscellaneous Provisions 6A Dogs And Cats 6B Rabies Control 6C Dangerous Animals 6D Potentially Vicious Dogs 6E Bicycles 7 TITLE 9 Motor Vehicles And Traffic General Provisions 1 Registration, Certification Of Title, And Proof Of Security Against Financial Liability 2 Special Antitheft Law 3 Drivers' Licenses 4 Obedience To And Effect Of Traffic Laws 5 Powers Of Local Authorities 6 Operation 7 Pedestrians' Rights And Duties 8 Special Stops Required 9 Miscellaneous Rules 10 School Buses 11 Equipment 12 Size, Weight And Load 13 Parking 14 Impoundment Of Vehicles 15 Miscellaneous City Provisions . 16 TITLE 10 Public Ways And Property Streets, Sidewalks And Other Public Places 1 Excavations 2 City of Dubuque TITLE 10 (cont.) Encroachments On Public Places 3 Waste Collection Receptacles 3A Newsracks 3B Projecting Signs 3C Other Encroachments 3D Sidewalk Cafes 3E Mailboxes 3F Parades And Assemblies 4 Parks And Recreation 5 Administration 5A Use Regulations 5B Specific Parks 5C Railroads 6 Boats, Boating And Waterfront Structures TITLE 11 Rights Of Way TITLE 12 Airport Administration And Enforcement 1 General Regulations 2 Airport Zoning Regulations 3 TITLE 13 Public Utilities Water Use And Service 1 Connections 1A Water Meters 1B Rates 1C 7 Cross Connection Control 1D Sewers And Sewage Disposal .. 2 Discharge Regulations 2A Private Disposal Systems; Private Haulers 2B Rates 2C Industrial Pretreatment Program 2D Gas Main Connections 3 Stormwater Management 4 Illicit Connections And Discharges To Storm Sewer System 5 Solid Waste 6 City Or Private Collection Service 6A Nonfranchised Communications Systems 1 Cable Right Of Way Regulations 2 Cable Communications 2A Open Video Systems 2B Cable Television 3 Cable Franchise Agreement 3A Community Tele -Programming Commission 3B Cable Regulatory Commission Rates And General Regulations 3D Cable Services Customer Service Standards Gas Franchise Electric Franchises Interstate Power Company Maquoketa Valley Electric Cooperative 3C TITLE 14 Building And Development 3E Building Codes 1 4 Building Code And Regulations . 1A 5 Residential Code 1B 5A Energy Conservation Code 1C Electrical Code 1D 5B Fire Code And Regulations 1E City of Dubuque TITLE 14 (cont.) Mechanical Code 1F Fuel Gas Code 1G Plumbing Code 1H Accessibility Code For Readily Achievable Changes 11 Building Construction, Demoli- tion And Moving 2 Dangerous Buildings 3 Licensing Of Vacant And/Or Abandoned Buildings 4 Historic Buildings 5 Historic Preservation (Rep. by Ord. 52-09, 10-19-2009) 6 Condominium Conversions And Transfers To Multiple Housing Cooperative 7 Exterior Storage Containers And Storage Trailers 8 Swimming Pools 9 Signs (Rep. by Ord. 52-09, 10-19-2009) 10 Flood Areas 11 Erosion And Sediment Control . . 12 TITLE 15 Planning And Zoning Comprehensive Plan 1 Long Range Planning Advisory Commission 2 TITLE 16 Unified Development Code PART I. GENERAL PROVISIONS Title, Purpose And General Provisions 1 Definitions 2 PART II. LAND USE REGULATIONS Land Use General Provisions . 3 Nonconformities 4 Zoning Districts 5 Overlay Districts 6 Supplemental Use Regulations 7 Zoning Board Of Adjustment Applications And Procedures . . 8 Zoning Advisory Commission Applications And Procedures . . 9 Historic Preservation Commission Applications And Procedures ... 10 PART III. LAND DEVELOPMENT REGULATIONS Land Subdivision 11 Site Plans 12 Site Design Standards 13 Parking 14 Signs 15 INDEX City of Dubuque TITLE 2 BOARDS AND COMMISSIONS Subject Chapter Hearings And Appeals 1 Civil Service Commission 2 Investment Oversight Advisory Commission 3 Civic Center Advisory Commission 4 Housing Agency And Community Development Commissions 5 Municipal Housing Agency And Governing Board (Rep. by Ord. 26-09, 6-1-2009) 5A Housing Commission 5B Community Development Advisory Commission 5C Trust Fund Advisory Committee 5D Environmental Stewardship Advisory Commission 6 Board Of Library Trustees 7 Arts And Cultural Affairs Advisory Commission 8 October 2009 City of Dubuque 4-2B-12 4-2B-14 1. If surrendered during the first three (3) months of the period for which the license or permit was issued, the refund shall be three- fourths (3/4) of the amount of the fee; if surrendered more than three (3) months, but not more than six (6) months after issuance, the refund shall be one-half (1/2) of the amount of the fee; if surrendered more than six (6) months, but not more than nine (9) months after issuance, the refund shall be one-fourth (1/4) of the amount of the fee. 2. No refund shall be made, however, for a liquor control license or beer permit surrendered more than nine (9) months after issuance. 3. No refund shall be made to any licensee or permittee upon the surrender of his license or permit, if there is at the time of the surrender a complaint filed with the department or the city charging him with a violation of this chapter or any provision of the Iowa alcoholic beverage control act. 4. If upon hearing any such complaint, the license or permit is not revoked or suspended, then the licensee or permittee shall be eligible, upon surrender of the licensee's or permittee's license or permit, to receive a refund as provided in this section; but if the licensee's or permittee's license or permit is revoked or suspended upon the hearing, he shall not be eligible for the refund of any portion of the licensee's or permittee's license or permit fee. 5. No refund shall be made for seasonal licenses or permits. (Ord. 10-09, 2-16-2009) 4-2B-13: TERM OF LICENSE OR PERMIT; SEASONAL LICENSES AND PERMITS: All liquor control licenses, wine permits, and beer permits, unless sooner suspended or revoked, shall expire one year from the date of issuance. Six (6) or eight (8) month seasonal licenses, wine permits, or beer permits may be issued for a proportionate part of the license or permit fee. No seasonal license or permit shall be renewed except after a period of two (2) months. Seasonal licensing shall be only as permitted by the code of Iowa. (Ord. 10-09, 2-16-2009) 4-2B-14: APPLICATION FOR RENEWAL: Upon receipt of an application for the renewal of a liquor license, wine permit or beer permit, it shall be forwarded to the chief of police who shall conduct an investigation and shall submit a written report on the applicant as to the City of Dubuque 4-2B-14 4-2B-15 truth of the facts answered in the application and a recommendation to the city council as to the approval of the license or permit. (Ord. 10-09, 2-16-2009) 4-2B-15: SUSPENSION AND REVOCATION GENERALLY; GROUNDS: A. Council Authority; Notice; Hearing: In addition to the penalties of this article, the city council may suspend a license or permit issued pursuant to this chapter for a period not to exceed one year, revoke the license or permit, or impose a civil penalty not to exceed one thousand dollars ($1,000.00) per violation. Before suspension, revocation, or imposition of a civil penalty, the license or permit holder shall be given written notice and an opportunity for a hearing. B. Causes For Suspension Or Revocation: A license or permit issued under this chapter may be suspended or revoked or a civil penalty may be imposed on the license or permit holder for any of the following causes: 1. Misrepresentation of any material fact in the application for the license or permit. 2. Violation of any of the provisions of this chapter. 3. Any change in the ownership or interest in the business operated under a class A, class B, or class C liquor control license, or any wine or beer permit, which change was not previously reported to and approved by the local authority and the division. 4. An event which would have resulted in disqualification from receiving the license or permit when originally issued. 5. Any sale, hypothecation, or transfer of the license or permit. 6. The failure or refusal on the part of the licensee or permittee to render any report or remit any taxes to the division under this chapter when due. C. Criminal Conviction: A criminal conviction is not a prerequisite to suspension, revocation, or imposition of a civil penalty pursuant to this section. City of Dubuque 4-2B-15 4-2B-16 D. Suspension For Violation: The city council may suspend any retail wine or beer permit or liquor control license for a violation of this chapter or any of the provisions of the code of Iowa. E. Penalty: If the cause for suspension is a first offense violation of the code of Iowa, the city council shall impose a penalty in the amount of three hundred dollars ($300.00) in lieu of suspension of the license or permit. (Ord. 10-09, 2-16-2009) 4-2B-16: SUSPENSION AND REVOCATION; SPECIFIC TERMS: A. Grounds For Suspension Or Revocation: The conviction of any liquor control licensee, wine permittee, or beer permittee for a violation of any of the provisions of this chapter shall be grounds for the suspension or revocation of the license or permit by the division or the city. However, if any liquor control licensee is convicted of any violation of the code of Iowa or any beer permittee convicted of a violation of the code of Iowa, the liquor control license, wine or beer permit shall be revoked and shall immediately be surrendered by the holder and the bond of the license or permit holder shall be forfeited to the division. B. Penalties Imposed: If any licensee, wine permittee, beer permittee, or employee of such licensee or permittee shall be convicted of a violation of the code of Iowa or a retail beer permittee shall be convicted of a violation of this chapter, the city shall, in addition to the other penalties fixed for such violations by this section, assess a penalty as follows: 1. Upon a first conviction, the violator shall be assessed a civil penalty in the amount of three hundred dollars ($300.00). Failure to pay the civil penalty will result in automatic suspension of the license or permit for a period of fourteen (14) days, in addition to the civil penalty of three hundred dollars ($300.00). 2. Upon a second conviction within a period of two (2) years, the violator's liquor control license, wine, or beer permit shall be suspended for a period of thirty (30) days. 3. Upon a third conviction within a period of three (3) years, the violator's liquor control license, wine or beer permit shall be suspended for a period of sixty (60) days. City of Dubuque 4-2B-16 4-2B-18 4. Upon a fourth conviction within a period of three (3) years, the violator's liquor control license, wine or beer permit shall be revoked. (Ord. 10-09, 2-16-2009) 4-2B-17: APPEAL AND HEARING: The right of appeal to the alcoholic beverage division hearing board shall be afforded a liquor control licensee, wine permittee, or beer permittee whose license or permit has been suspended, revoked, or denied. (Ord. 10-09, 2-16-2009) 4-2B-18: EFFECT OF REVOCATION: Any liquor control licensee or beer or wine permittee whose license or permit is revoked under the code of Iowa shall not thereafter be permitted to hold a liquor control license or a beer or wine permit in the state for a period of two (2) years from the date of the revocation. The spouse and business associates holding ten percent (10%) or more of the capital stock or ownership interest in the business of a person whose license or permit has been revoked shall not be issued a liquor control license or beer or wine permit, and no liquor control license or beer or wine permit shall be issued which covers any business in which such person has a financial interest for a period of two (2) years from the date of such revocation. In the event a license or permit is revoked, the premises which had been covered by the license or permit shall not be relicensed for one year. (Ord. 10-09, 2-16-2009) City of Dubuque 6-4-3 6-4-3 C. Ditch, Drain Or Stormwater Detention Basins: Any stormwater detention basin not properly maintained as determined by the city engineer. D. Stagnant Water: Stagnant water standing on any property, including any container or material kept in such a condition that water can accumulate and stagnate. E. Vermin And Pests: 1. Conditions which are conducive to the harborage or breeding of vermin and pests; or 2. Infestations of vermin and pests, such as rats, mice, skunks, snakes, bats, starlings, pigeons, and insects (except tended honeybees). F. Private Sewer Facilities: 1. Facilities for the storage or processing of sewage, such as privies, outhouses, port -a -potties, vaults, sewers, private drains, septic tanks, cesspools, drain fields or similar facilities, which have failed or do not function properly or which are overflowing, leaking or emanating odors. 2. Septic tanks, cisterns and cesspools which are abandoned or no longer in use unless properly emptied and filled with clean fill. 3. Any vault, cesspool or septic tank which does not comply with applicable health regulations. G. Unoccupied, Dangerous Buildings: 1. Unoccupied buildings or unoccupied portions of buildings which are unsecured; 2. Abandoned buildings; or 3. Dangerous buildings or structures. H. Hazardous Conditions: 1. Generally: Any hazardous thing or condition on property which may contribute to the injury of any person present on the property, including, but not limited to, open holes, open foundations, City of Dubuque 6-4-3 6-4-3 excavations, open wells, dangerous trees or tree limbs, abandoned refrigerators and trapping devices. 2. Fire Hazard: Any thing or condition on property creating a fire hazard, as determined by the fire marshal. 3. Health Hazard: Any thing or condition on property creating an imminent threat to human health or in violation of any health or sanitation law. Obstructing Public Ways And Property: 1. The obstructing or encumbering by fences, buildings, structures, signs or otherwise of public streets, alleys, sidewalks and commons, except as permitted by agreement, easement, or this code. 2. Any gathering of persons or vehicles upon a public street or sidewalk or any use of property abutting a public street or sidewalk which obstructs pedestrian or vehicular traffic or other lawful use of streets or sidewalks, except as permitted by this code. J. Depositing Mud, Dirt And Debris On Public Ways: The depositing or allowing the depositing of mud, dirt, gravel or other debris on public ways. K. Unsanitary Accumulations: Failing to keep a building, dwelling, structure, or business and parts thereof clean and free of any unsanitary accumulations of dirt, filth, rubbish, garbage, including the yards, courts, passages, areas, or alleys connected with or belonging to the same. L. Unwholesome Food Or Drink: Whatever renders food or drink unwholesome or detrimental as determined by the health officer. M. Communicable Disease: The exposure of any person to any communicable disease by unlawful act or practice. N. Animals: Harboring or maintaining such number of dogs or cats or other animals, or combination thereof, as to create unhealthy or unsanitary conditions for the humans or animals occupying the premises. (2007 Code § 23-42) City of Dubuque 6-4-4 6-4-6 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 cost 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) City of Dubuque 6-6-1 6-6-1 SECTION: 6-6- 1: 6-6- 2: 6-6- 3: 6-6- 4: 6-6- 5: 6-6- 6: 6-6- 7: 6-6- 8: 6-6- 9: 6-6-10: CHAPTER 6 HOUSING REGULATIONS Title; Legislative Findings; Purposes; Scope Definitions Enforcement Notices And Orders Enforcement Of Order Of City Manager Performance Of Work To Repair Or Demolish; Other Costs Licenses And Inspections Housing Code Appeals Board Procedure For Hearing Appeal Housing Standards 6-6-1: TITLE; LEGISLATIVE FINDINGS; PURPOSES; SCOPE: A. Short Title: This chapter shall be known as the CITY OF DUBUQUE RESIDENTIAL HOUSING CODE, or the housing code; may be cited as such, and will be referred to herein as "the housing code". B. Legislative Findings And Purposes: It is hereby found that there exists and may in the future exist in the city, real or personal property used or intended to be used for residential purposes or parts thereof which by reason of their structure, building service equipment, sanitation facilities, maintenance, use or occupancy affect or are likely to adversely affect human health, safety and general welfare. To correct and prevent the existence of such adverse conditions, and to achieve and maintain acceptable levels of residential environmental quality and to protect and promote public health, safety and general welfare, it is further found that the establishment and enforcement of minimum residential housing standards are required. C. Scope And Application: The provisions of this housing code shall apply to all real or personal property or portions thereof designated, City of Dubuque 6-6-1 6-6-2 used, or intended to be used, for human habitation. Real or personal property in existence at the time of passage of this housing code may have its construction, design, arrangement, use, and occupancy continued if such was constructed in accordance with the code applicable to the city at that time, provided they are not presently likely to endanger the life, limb, health, or safety of the occupants or owners, or the public in general. D. Facilities Exempted From Housing Code Provisions: Residential facilities periodically inspected by a duly authorized state government agency shall be exempt from provisions of the housing code. These facilities include hotels, motels, bed and breakfast inns, hospitals, nursing homes and state licensed group residential facilities. (2007 Code § 26-1) 6-6-2: DEFINITIONS: A. Unit Definitions: DUPLEX DWELLING: A structure containing two (2) dwelling units. DWELLING Any group of rooms used or intended for use for UNIT: human habitation and having full facilities for private, human habitation, including living, sleeping, cooking and private sanitation facilities. EFFICIENCY UNIT: MULTIPLE - UNIT DWELLING: RENTAL DWELLING UNIT: A dwelling unit having no fewer than two (2) rooms with living, sleeping and cooking facili- ties, and with one room providing private sanita- tion facilities. A structure containing any combination of three (3) or more dwelling or rooming units. A dwelling unit that requires a payment, in money or services, to be made to the owner for the possession and use thereof. City of Dubuque 6-6-5 6-6-6 6-6-5: ENFORCEMENT OF ORDER OF CITY MANAGER: A. General: After any order of the city manager made pursuant to this housing code shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. B. City Manager Options: If any noted violations have not been corrected by the time allowed for said corrections, the city manager may initiate one or more of the following actions to ensure compliance, including, but not limited to: 1. Initiate legal proceedings for the immediate correction of the alleged violations; and/or 2. Revoke any operating license and/or order the dwelling, dwelling unit or rooming unit or other real or personal property used or intended to be used for residential purposes, vacated within a specified period of time; and/or 3. Cause the building to be repaired and the cost thereof recovered in the manner hereinafter provided by this housing code or by other applicable laws, ordinances or statutes utilized; and/or (2007 Code § 26-5) 4. (Rep. by Ord. 24-10, 4-19-2010) 5. Institute proceedings to seek demolition of the structure with the assistance of the city manager; and/or 6. Require the dwelling or portion thereof to be immediately vacated and not reoccupied until the required repairs and improvements are completed, inspected and approved by the city manager. (2007 Code § 26-5) 6-6-6: PERFORMANCE OF WORK TO REPAIR OR DEMOLISH; OTHER COSTS: A. General: When any repair or demolition of a property or relocation of tenants is deemed necessary by the city manager pursuant to section 6-6-5 of this chapter, the city manager may attempt to procure repair or demolition of the property or relocation of tenants at city expense. June 2010 City of Dubuque 6-6-6 6-6-7 B. Recovery Of Costs: Whenever a cost to repair, abate or demolish a property which violates this housing code is incurred by the city, or whenever a cost to relocate tenants from a property in violation of this housing code is incurred by the city, the city manager shall prepare and certify the actual cost to the city clerk who, in turn, shall certify such cost to the county treasurer, and it shall then constitute a lien against said property and be collected with and in the same manner as general taxes on said property. Such costs shall not be certified if they were the result of the tenant's misconduct. (2007 Code § 26-6) 6-6-7: LICENSES AND INSPECTIONS: A. Rental Dwelling Operating License: 1. License Required: No person shall operate a "rental dwelling unit", as defined by this housing code, in the city unless such person holds a current unrevoked rental dwelling operating license issued by the city manager in the name of the owner/operator for the specific named dwelling. The annual fee for operating rental dwelling units shall be as specified by resolution of the city council. 2. Terms Of Operating Licenses: Every operating license issued shall remain effective for a period of up to one calendar year from the date of its issuance, and upon application may be renewed and remain effective for successive periods of one calendar year unless sooner revoked at any time by the city manager for noncompliance with any applicable provisions of this housing code. Rental dwelling operating licenses may be transferred from one person to another person, provided notice of transfer is given in writing within five (5) working days of the transfer, to the city manager. Rental dwelling operating licenses shall not be transferable from one dwelling to another dwelling. Every person holding an operating license shall give notice in writing to the city manager within five (5) working days after having transferred or otherwise disposed of the legal control of the licensed dwelling. Such notice shall include the name and address of the person or persons succeeding to the ownership or control of such licensed dwelling. June 2010 City of Dubuque 6-6-7 6-6-7 3. Suspension/Revocation: a. The city manager may, for good cause, suspend or revoke any license issued under this chapter, or 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: (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; (4) Nonpayment of the fee for renewal of the dwelling operating license. b. Prior to any suspension or revocation under this subsection, the city manager shall give notice in writing to the landowner and/or agent. c. During the period of revocation or suspension, the unit or units for which the license was suspended or revoked shall not be relicensed. 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 revocation of the license to each tenant, requiring the tenant to City of Dubuque 6-6-7 6-6-7 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. 4. Licenses: The city manager is hereby authorized to issue and renew rental dwelling operating licenses for specific dwellings, in the names of the applicant owners, operators or managers, provided the following criteria are met: a. The dwelling for which a rental dwelling operating license is sought is warranted by the owner or operator to substantially comply with applicable provisions of this housing code. b. The owner or operator legally authorized and responsible for maintenance of the dwelling for which a rental dwelling operating license is sought shall first make application therefor on an application provided by the city manager. c. All fees required by this housing code pursuant to the issuance of a rental dwelling operating license are paid in full to the city. d. The applicant shall designate a responsible agent to represent the owner/operator whenever the applicant is not available for maintenance of the dwelling for which a license is sought. Said agent shall have full authority and responsibility, the same as the owner/operator, for maintaining the dwelling. 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. 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. 6. Relationship Of License To Other Codes: The issuance of any license for any rental dwelling unit shall not in any way signify or imply that the rental dwelling unit conforms with state law and ordinances of the city. The issuance of a license shall not relieve the City of Dubuque 6-6-7 6-6-7 owner or operator of the responsibility for compliance with said applicable state law and ordinances. B. Inspections: 1. General: All real or personal property used or intended to be used for residential purposes shall be subject to inspection by the city manager: a. Whenever requested and approved by the owner or occupant; or b. Whenever the city manager has reason to believe there is a violation of this housing code; or c. Whenever upon inspection a violation of this housing code is found, notice and order is given, and the dwelling unit shall be subject to reinspection to determine if corrections have been made; or d. When the dwelling unit is located in any area designated by the city council for comprehensive block enforcement of the housing code; or 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 shall be subject to regular housing code enforcement inspection and followup reinspection as necessary. There shall be no charge for the initial rental dwelling unit inspection, for any complaint generated inspection and for two (2) followup reinspections. For each required additional followup reinspection, a reinspection fee shall be paid by the owner in an amount determined by the city manager. b. Not less than seven (7) calendar days prior to a scheduled inspection, the housing officer shall mail written notice by regular mail to the license holder and any known tenants setting out 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 unit, a second inspection shall be scheduled and City of Dubuque 6-6-7 6-6-8 a rescheduling fee shall be paid by the owner in an amount deter- mined by the city manager. c. The license holder may cancel a scheduled inspection one time without payment of the rescheduling fee, provided the housing officer is notified of the cancellation not less than forty eight (48) hours prior to the scheduled inspection. (Ord. 32-08, 5-19-2008) 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. 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. City of Dubuque TITLE 7 POLICE, FIRE AND PUBLIC SAFETY Subject Chapter Police Department 1 Fire Department 2 Emergency Management 3 Alarm System Permits 4 Offenses 5 General Offenses 5A Drug Paraphernalia 5B Crime Property 5C Animal Control 6 Miscellaneous Provisions 6A Dogs And Cats 6B Rabies Control 6C Dangerous Animals 6D Potentially Vicious Dogs 6E Bicycles 7 October 2009 City of Dubuque 9-1-321.1 9-1-321.1 CHAPTER 1 GENERAL PROVISIONS SECTION: 9-1-321.1: Definitions 9-1-321.2: Applicability Of Title 9-1-321.3 — 9-1-321.16: Reserved 9-1-321.1: DEFINITIONS: The following words and phrases, when used in this title shall, for the purpose of this title, have the meanings respectively ascribed to them in this section: ALL -TERRAIN A motor vehicle designed to travel on three (3) VEHICLE: or more wheels and designed primarily for off road use. "All -terrain vehicle" includes off road utility vehicles as defined in Iowa Code section 3211.1, but does not include farm tractors or equipment, construction equipment, forestry vehicles, or lawn and grounds maintenance vehicles when used for farming, construction, commercial deliveries, forestry, lawn and grounds maintenance, or towing for utility as opposed to recreational uses. ALLEY: A thoroughfare laid out, established, and platted as such by constituted authority. AUTHORIZED EMERGENCY VEHICLE: BICYCLE: Vehicles of the fire department, police vehicles, ambulances, and emergency vehicles owned by the United States, this state, or any subdivision of this state or any municipality of the state, and such privately owned ambulances, fire, rescue, or disaster vehicles as are designated or authorized by the director. A. A device having two (2) or more wheels and having at least one saddle or seat for the use of a rider which is propelled by human power; or City of Dubuque November 2010 9-1-321.1 9-1-321.1 B. A device having two (2) or three (3) wheels with fully operable pedals and an electric motor of less than seven hundred fifty (750) watts (1 horsepower), with a maximum speed on a paved level surface, when powered solely by such a motor while ridden, is less than twenty (20) miles per hour. BUSINESS DISTRICT: The territory contiguous to and including a highway when fifty percent (50%) or more of the frontage thereon for a distance of three hundred feet (300') or more is occupied by buildings in use for business. CHAUFFEUR: November 2010 Any person who operates a motor vehicle, including a school bus, in the transportation of persons for wages, compensation, or hire, or a person who operates a truck tractor, road tractor, or any motor truck which is required to be registered at a gross weight classification exceeding five (5) tons, or any such motor vehicle exempt from registration which would be within the gross weight classification if not so exempt. A person is not a chauffeur when the operation of the motor vehicle, other than a truck tractor, by the owner or operator is occasional and merely incidental to the owner's or operator's principal business. A person is not a chauffeur when the operation is by a volunteer firefighter operating fire apparatus, or is by a volunteer ambulance or rescue squad attendant operating ambulance or rescue squad apparatus. If a volunteer firefighter, ambulance, or rescue squad operator receives nominal compensation not based upon the value of the services performed, the firefighter or operator shall be considered to be receiving no compensation and classified as a volunteer. A farmer or the farmer's hired help is not a chauffeur when operating a truck, other than a truck tractor, owned by the farmer and used exclusively in connection with the transportation of the farmer's own products or property. City of Dubuque 9-1-321.1 9-1-321.1 RIGHT OF WAY: ROADWAY: SCHOOL DISTRICT: SEMITRAILER: SIDEWALK: SOLID TIRE: STREET OR HIGHWAY: SUBURBAN DISTRICT: THROUGH (OR THRU) HIGHWAY: highway for a distance of three hundred feet (300') or more is occupied by dwellings or by dwellings and buildings in use for residence. The privilege of the immediate use of the high- way. That portion of a highway improved, designed, or ordinarily used for vehicular travel. The territory contiguous to and including a highway for a distance of two hundred feet (200') in either direction from a schoolhouse in a city. Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. Wherever the word "trailer" is used in this title, the same shall be construed to also include "semitrailer". A "semitrailer" shall be considered in this title separately from its power unit. That portion of street between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedes- trians. Every tire of rubber or other resilient materials which does not depend upon compressed air for the support of the load. The entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public as a matter of right for purposes of vehicular traffic. All other parts of a city or town not included in the business, school, or residence districts. Every highway or portion thereof at the entrances to which vehicular traffic from City of Dubuque June 2010 9-1-321.1 9-1-321.1 TRAFFIC: TRAILER: TRUCK TRACTOR: intersecting highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided by law or such entrances are controlled by a peace officer or traffic control signal. The term "arterial" shall be synonymous with "through" or "thru" when applied to highways of this city. Pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for purposes of travel. Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. Every motor vehicle designed and used primar- ily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. U-TURN: The turning from one side to the other on a street and proceeding in a reverse direction. VEHICLE: Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway. "Vehicle" does not include: June 2010 A. Any device moved by human power. B. Any device used exclusively upon stationary rails or tracks. C. Any integral part of a truck tractor or road tractor which is mounted on the frame of the truck tractor or road tractor immediately behind the cab and which may be used to transport persons and property but which cannot be drawn upon the highway by the truck tractor or another motor vehicle. D. Any steering axle, dolly, auxiliary axle, or other integral part of another vehicle which in City of Dubuque 9-1-321.1 9-1-321.2 and of itself is incapable of commercially transporting any person or property but is used primarily to support another vehicle. (Ord. 43-08, 6-16-2008; amd. Ord. 44-08, 6-16-2008; Ord. 39-09, 8-3-2009; Ord. 53-09, 11-2-2009; Ord. 33-10, 6-21-2010, eff. 7-1-2010) 9-1-321.2: APPLICABILITY OF TITLE: A. The provisions of this title applicable to the drivers of vehicles upon the streets shall apply to the drivers of all vehicles owned or operated by the United States, this state, or any county, city, town, district, or any other political subdivision of the state, subject to specific exceptions as are set forth in the laws of Iowa and the ordinances of the city with reference to authorized emergency vehicles. B. This title, except section 9-7-321.277, does not apply to persons and motor vehicles and other equipment while actually engaged in work upon the surface of a highway officially closed to traffic but does apply to such persons and vehicles when traveling to or from such work. The provisions of section 9-7-321.294 and subsection 9-7-321.297B of this title do not apply to road workers operating maintenance equipment owned by or under lease to any state or local authority while engaged in road maintenance, road blading, snow and ice control and removal, and granular resurfacing work on a highway, whether or not the highway is closed to traffic. A chauffeur's license shall not be required for a person to operate road construction and maintenance equipment while engaged in road construction and maintenance work, including the movement of the road construction and maintenance equipment to and from the work site under its own power. C. Every person riding a bicycle or animal, or driving any animal drawing a vehicle upon a street, shall be subject to the provisions of this title applicable to the driver of a vehicle except those provisions which by their nature can have no application. D. The provisions of this title relating to the operation of vehicles refers exclusively to the operation of vehicles upon streets and highways except: 1. Where a different place is specifically referred to in a given section. November 2010 City of Dubuque 9-1-321.2 9-1-321.16 2. The provisions of chapter 3 and section 9-7-321.277 of this title shall apply upon the streets and highways and elsewhere throughout the city. (Ord. 44-08, 6-16-2008) 9-1-321.3 — 9-1-321.16: RESERVED: (Ord. 44-08, 6-16-2008) November 2010 City of Dubuque 9-7-321.256 9-7-321.257 Division 8. Right Of Way 9-7-321.319: Entering Intersections From Different Highways 9-7-321.320: Left Turns At Intersections 9-7-321.321: Entering Through Streets 9-7-321.322: Stop And Yield Intersections 9-7-321.322A: Stop Signs To Be Erected At Entrances To Through Streets And Stop Intersections; Stop Required 9-7-321.323: Backing Vehicle On Highway 9-7-321.324: Operation On Approach Of Emergency Vehicles 9-7-321.324A: Funeral Processions 9-7-321.325: Reserved DIVISION 1. TRAFFIC SIGNS, SIGNALS AND MARKINGS 9-7-321.256: OBEDIENCE TO OFFICIAL TRAFFIC CONTROL DEVICES: No driver of a vehicle shall disobey the instructions of any official traffic control device placed in accordance with the provisions of this title unless at the time otherwise directed by a peace officer, subject to the exceptions granted to the driver of an authorized emergency vehicle. (Ord. 44-08, 6-16-2008) 9-7-321.257: OFFICIAL TRAFFIC CONTROL SIGNALS: A. For the purposes of this section, "stop at the official traffic control signal" means stopping at the first opportunity at either the clearly marked stop line or before entering the crosswalk or before entering the intersection. B. Official traffic control signals consisting of colored lights or colored lighted arrows shall regulate vehicle and pedestrian traffic in the following manner: 1. A "steady circular red" light means vehicular traffic shall stop. Vehicular traffic shall remain standing until a signal to proceed is shown, or vehicular traffic, unless prohibited by a sign, may cautiously enter the intersection to make a right turn from the right lane of traffic or a left turn from a one-way street to a one-way street onto the leftmost lane of traffic on a one-way street. Turns made under this subsection shall be made in a manner that does not inter - City of Dubuque 9-7-321.257 9-7-321.257 fere with other vehicular or pedestrian traffic lawfully using the intersection. Pedestrian traffic facing a steady circular red light shall not enter the roadway unless the pedestrian can safely cross the roadway without interfering with any vehicular traffic. 2. A "steady circular yellow" or "steady yellow arrow" light means vehicular traffic is warned that the related green movement is being terminated and vehicular traffic shall no longer proceed into the intersection and shall stop. If the stop cannot be made in safety, a vehicle may be driven cautiously through the intersection. Pedestrian traffic is warned that there is insufficient time to cross the intersection and any pedestrian starting to cross the roadway shall yield the right of way to all vehicles. 3. A "steady circular green" light means vehicular traffic may proceed straight, turn right, or turn left through the intersection unless otherwise specifically prohibited. Vehicular traffic shall yield the right of way to other vehicular and pedestrian traffic lawfully within the intersection. 4. A "steady green arrow" light shown alone or with another official traffic control signal means vehicular traffic may cautiously enter the intersection and proceed in the direction indicated by the arrow. Vehicular traffic shall yield the right of way to other vehicles and pedestrians lawfully within the intersection. 5. A "flashing circular red" light means vehicular traffic shall stop and after stopping may proceed cautiously through the intersection yielding to all vehicles not required to stop or yield which are within the intersection or approaching so closely as to constitute a hazard but then may proceed. 6. A "flashing yellow" light means vehicular traffic shall proceed through the intersection or past such signal with caution. 7. A "don't walk" light is a pedestrian signal which means that pedestrian traffic facing the illuminated pedestrian signal shall not start to cross the roadway in the direction of the pedestrian signal and pedestrian traffic in the crossing shall proceed to a safety zone. 8. A "walk" light is a pedestrian signal which means that pedestrian traffic facing the illuminated pedestrian signal may proceed to cross the roadway in the direction of the pedestrian signal and shall be given the right of way by drivers of all vehicles. (Ord. 44-08, 6-16-2008) City of Dubuque 9-7-321.318 9-7-321.321 A. Left turn: Hand and arm extended horizontally. B. Right turn: Hand and arm extended upward. C. Stop or decrease of speed: Hand and arm extended downward. (Ord. 44-08, 6-16-2008) DIVISION 8. RIGHT OF WAY 9-7-321.319: ENTERING INTERSECTIONS FROM DIFFERENT HIGH- WAYS: A. When two (2) vehicles enter an intersection from different highways or public streets at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right. B. The foregoing rule is modified at through highways and otherwise as provided in this title and chapter 321 of the Iowa Code. (Ord. 44-08, 6-16-2008) 9-7-321.320: LEFT TURNS AT INTERSECTIONS: The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right of way to all vehicles approaching from the opposite direction which are within the intersection or so close thereto as to constitute an immediate hazard. Then said driver, having so yielded and having given a signal when and as required by this title, may make such left turn. (Ord. 44-08, 6-16-2008) 9-7-321.321: ENTERING THROUGH STREETS: A. Except where yield signs or official traffic control signals are erected, the driver of a vehicle shall stop or yield as required by this title at the entrance to a through street and shall yield the right of way to other vehicles which have entered the intersection from such through street or which are approaching so closely on such through street as to constitute a hazard, but such driver having so yielded may proceed cautiously and with due care enter such through street. (Ord. 44-08, 6-16-2008) November 2010 City of Dubuque 9-7-321.321 9-7-321.321 B. The following streets are designated as through streets: Algona Street, from the south right of way line of University Avenue to the north right of way line of St. Joseph Street. Algona Street, North, from the north right of way line of Loras Boulevard to the south right of way line of North Grandview Avenue. Alta Vista Street, from the north right of way line of West 5th Street to the south right of way line of University Avenue, and from the north right of way line of University Avenue to the south right of way line of Loras Boulevard, and from the north right of way line of Loras Boulevard to its northerly terminus. Asbury Road, from the north right of way line of University Avenue to the east right of way line of the Northwest Arterial, and from the west right of way line of the Northwest Arterial, to its westerly terminus at the city limits. Atlantic Street, from the north right of way line of Loras Boulevard to the south right of way line of North Grandview Avenue. Auburn Street, from the north right of way line of Loras Boulevard to the south right of way line of North Grandview Avenue. Avalon Road, from the north right of way line of Pennsylvania Avenue to the south right of way line of Hillcrest Road, and from the north right of way line of Hillcrest Road to the south right of way line of Asbury Road. Bluff Street, from West Locust Street to the north right of way line of Dodge Street. Bryant Street, from the north right of way line of Grandview Avenue to the south right of way line of Dodge Street. Burden Avenue, from the west right of way line of Windsor Avenue to its northerly terminus. Carter Road, from the east right of way line of John F. Kennedy Road to the south right of way line of Hillcrest Road, and from the north right of way line of Hillcrest Road to the south right of way line of Kaufmann Avenue and from the north right of way line of Kaufmann Avenue to the south right of way line of West 32nd Street. November 2010 City of Dubuque 9-7-321.322A 9-7-321.324A entering an intersection, except when directed to proceed by a peace officer or traffic control signal. (Ord. 44-08, 6-16-2008) 9-7-321.323: BACKING VEHICLE ON HIGHWAY: No person shall operate a vehicle on any street or highway in reverse gear unless and until such operation can be made with reasonable safety and shall yield the right of way to any approaching vehicle on the street, highway, intersecting street, or intersecting highway thereto which is so close thereto as to constitute an immediate hazard. (Ord. 44-08, 6-16-2008) 9-7-321.324: OPERATION ON APPROACH OF EMERGENCY VEHICLES: A. Upon the immediate approach of an authorized emergency vehicle with any lamp or device displaying a red light, authorized emergency vehicle of a fire department displaying a blue light, or when the driver is giving audible signal by siren, exhaust whistle, or bell, the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to and as close as possible to the right hand edge or curb of the highway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. For the purposes of this section, "red light" or "blue light" means a light or lighting device that, when illuminated, will exhibit a solid flashing or strobing red or blue light. B. This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. (Ord. 44-08, 6-16-2008) 9-7-321.324A: FUNERAL PROCESSIONS: A. A funeral procession shall consist of those vehicles necessary to transport the deceased, employees of the funeral home, and family members and friends of the deceased. B. All vehicles operated in a funeral procession shall have the headlights on and in a low beam distribution. C. All vehicles operated in a funeral procession shall display a flag or other device containing the word "funeral". This device shall be City of Dubuque 9-7-321.324A 9-7-321.324A placed on top of the left front fender, roof, or on both sides of the vehicle in such a manner as to be easily seen by other drivers. D. The following shall apply to intersections and private roads: 1. A funeral procession which approaches an intersection provided with a traffic signal which displays a red signal shall stop and remain stopped until the signal is green. A funeral procession which enters intersection with a green signal may continue without stopping until the last vehicle in the procession has cleared the intersection, unless otherwise directed by a police officer. 2. A funeral procession which approaches an intersection provided with a stop sign shall stop and yield the right of way to those vehicles which are approaching so close as to constitute a hazard. The funeral procession may then enter and proceed through the intersection without stopping until the last vehicle in the procession has cleared the intersection, unless otherwise directed by a police officer. 3. A funeral procession which approaches an intersection provided with a yield sign shall reduce speed and stop if necessary to yield the right of way to vehicles which are approaching so close to constitute a hazard. Having so yielded, a funeral procession may enter the intersection and proceed without stopping until the last vehicle in the procession has cleared the intersection, unless otherwise directed by a police officer. 4. A funeral procession which is emerging from a private roadway, alley, driveway, or building shall stop immediately prior to entering the sidewalk area and shall proceed into the sidewalk area only when there exists no danger to pedestrian traffic and shall yield the right of way to vehicles on the street into which the funeral procession is entering which are so close as to constitute a hazard. Having so yielded, a funeral procession may proceed into the street being entered without stopping until the last vehicle in the procession has entered the street, unless otherwise directed by a police officer. E. No person operating a vehicle in a funeral procession shall disregard regulations governing directions of movement or turning in specified directions. F. No person shall place any device or sign which limits access on any roadway, or restricts parking in any metered or nonmetered area for City of Dubuque 9-7-321.324A 9-7-321.325 the purpose of lining up a funeral procession without prior written authorization from the city manager's office. G. No person shall drive a vehicle through a parade or procession unless directed by a police officer. H. A person who approaches a funeral procession which has lawfully entered an intersection or street shall reduce speed and stop if necessary to yield the right of way to the funeral procession until the last vehicle in the funeral procession has cleared the intersection or entered the street from a private driveway unless otherwise directed by a police officer. No person shall drive any vehicle in a parade or procession which has not been authorized by the designated person in charge of the parade or procession. The designated person in charge shall be that person whose name appears on a parade or procession permit. (Ord. 44-08, 6-16-2008) 9-7-321.325: RESERVED: (Ord. 44-08, 6-16-2008) City of Dubuque 9-14 9-14 9-14-321.669: 9-14-321.670: 9-14-321.671: 9-14-321.672: 9-14-321.673 9-14-321.681: 9-14-321.682: 9-14-321.683: 9-14-321.684: 9-14-321.685: 9-14-321.686 9-14-321.700: 9-14-321.701: 9-14-321.702: 9-14-321.703: 9-14-321.704: 9-14-321.705: 9-14-321.706: 9-14-321.707: 9-14-321.708: 9-14-321.709: 9-14-321.710: 9-14-321.711 9-14-321.720: 9-14-321.721: 9-14-321.722: 9-14-321.723: 9-14-321.724: 9-14-321.725: 9-14-321.726: Exemption Of Persons Holding Resident Parking Permits From Specific Sections Unlawful To Use Slugs Defacing, Tampering With Prohibited Prepaid Parking Meter Hoods/Placards - 9-14-321.680: Reserved Division 5. Restrictions During Snow Removal Parking So As To Interfere With Plowing Or Removal Prohibited Snow Route, Restricted Parking Declaration Of Emergency Parking Lots Removal Of Obstructing Vehicles - 9-14-321.699: Reserved Division 6. Parking Spaces For The Disabled Purpose Findings Of Fact Special Parking Places Designated Designation Of Parking Places Generally; Specifications For Angular Parking For Disabled Persons Disability Signs Required Prohibited Use Of Parking Places Or Identification Devices Authority To Impound Vehicles Parking In Violation Of Chapter Business District Temporary Disabled Person Parking Meter Hoods Reserved Time Designated Disabled Person Parking Stalls Special Prepaid Parking Permits For Specific Wheelchair Dependent Disabled Persons - 9-14-321.719: Reserved Division 7. Residential Parking Permit Program Intent And Purpose Definitions Residential Parking Permit Program Established Posting Of Residential Parking Permit Signs Notice To Residents Of Designation Of Residential Parking Permit District Issuance Of Residential Parking Permit Renewal Of Residential Parking Permit City of Dubuque 9-14-321.600 9-14-321.600 9-14-321.727: 9-14-321.728: 9-14-321.729: 9-14-321.730: 9-14-321.731: 9-14-321.732: 9-14-321.733: 9-14-321.734: 9-14-321.735: 9-14-321.736: 9-14-321.737: 9-14-321.738: 9-14-321.739: 9-14-321.740: 9-14-321.741: 9-14-321.742 Transfer Of Residential Parking Permit Responsibility Of Permit Holder Exceptions Waiver Of Residential Parking Permit Regulations Withdrawal Of Designation Of Residential Parking Permit District Prohibited Acts Residential Parking Permit District A Residential Parking Permit District B Residential Parking Permit District C Residential Parking Permit District D Residential Parking Permit District E Residential Parking Permit District F Residential Parking Permit District G Residential Parking Permit District H Home Healthcare Providers — 9-14-321.749: Reserved DIVISION 1. GENERALLY 9-14-321.600: PROHIBITED IN SPECIFIED PLACES: No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places: A. On a sidewalk. B. In front of a public or private driveway. C. Within an intersection. D. Within five feet (5') on either side of the point on the curb nearest to a fire hydrant. E. Within ten feet (10') upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of the roadway. F. Within fifty feet (50') of the nearest rail of a railroad crossing, except when parked parallel with such rail and not exhibiting a red light. City of Dubuque 9-14-321.600 9-14-321.601 G. Within twenty feet (20') of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy five feet (75') of said entrance when properly signposted. H. Alongside or opposite any street excavation or obstruction when such stopping, standing, or parking would obstruct traffic. On the roadway side of any vehicle stopped or parked at the edge or curb of street. J. Opposite the entrance to a garage or driveway in such a manner or under such conditions as to leave available less than twenty feet (20') of the width of the roadway for the free movement of vehicular traffic. K. Upon any street or in any alley in any part of the city in such a manner or under such conditions as to leave available less than ten feet (10') of the width of the roadway of such street or alley for the free movement of vehicular traffic, except when necessary in obedience to traffic regulations, traffic signs, or signals of a police officer. L. At any place where official signs or curb markings prohibit stopping, standing, or parking. M. Within ten feet (10') of the crosswalk, whether marked or not, at all intersections within the city. N. In an alley under any fire escape at any time. (Ord. 44-08, 6-16-2008) 9-14-321.601: LOADING ZONES: A. Signs: Loading zones shall be established and marked by signs. B. Loading Zones Specified: A space not to exceed fifty feet (50') is hereby reserved at the side of the street in front of any theater, auditorium, hotel having more than twenty five (25) sleeping rooms, or other buildings where large assemblages of people are being held, within which space, when clearly marked as such, no motor vehicle shall be left standing, parked, or stopped except in taking on or discharging passengers or freight. City of Dubuque 9-14-321.601 9-14-321.602 C. Passenger Loading: A motor vehicle standing, parked, or stopped for taking on or discharging passengers shall not remain in the loading zone in excess of fifteen (15) minutes unless otherwise instructed by a law enforcement officer. D. Commercial Loading: A motor vehicle standing, parked, or stopped for taking on or discharging freight shall not remain in the loading zone in excess of fifteen (15) minutes unless otherwise instructed by a law enforcement officer. 1. On two-way streets in commercial districts, commercial vehicles may stop, stand, or park in a traveled lane while engaging in the loading or unloading of property, provided ten feet (10') of width of the roadway is open for the free movement of vehicular traffic. 2. On one-way streets in commercial districts, commercial vehicles may stop, stand, or park in a traveled lane while engaging in the loading or unloading of property, provided ten feet (10') of width of the roadway is open for the free movement of vehicular traffic. E. Blocking Egress: Motor vehicles shall not block an egress from a building or facility. F. Compliance With International Fire Code: In the instance of a conflict with this section and the international fire code, the provisions of the international fire code shall govern. (Ord. 44-08, 6-16-2008) 9-14-321.602: PARKING PROHIBITED ON DESIGNATED STREETS OR PORTIONS THEREOF: A. Where Posted; Exception: It shall be unlawful for any person to park a motor vehicle on those streets or portions thereof designated from time to time as areas where parking is prohibited, whether at all times, between certain hours, for longer than specified times between certain hours, or for longer than specified times, in violation of such regulations when signs have been posted in such areas giving notice of such regulations, except for those vehicles displaying a valid parking sticker permit as defined in section 9-14-321.669 of this chapter parked in a designated two (2) hour parking time zone. B. Vehicles Not Moved Deemed Stationary: For the purpose of such regulations, any vehicle not moved out of the block during specified and designated parking periods shall be deemed to have remained City of Dubuque 9-14-321.602 9-14-321.602 stationary. Those vehicles displaying a valid parking sticker shall be exempt from this provision. C. Time Zones Designated: When signs are erected giving notice thereof, no person shall park a vehicle for a period of time longer than hereinafter indicated between the hours of nine o'clock (9:00) A.M. and six o'clock (6:00) P.M. on any day except Sundays and public holidays upon the streets or parts of streets as follows: Two hour time zones: Bluff Street, west side, from Emmett Street to West 3rd Street. Central Avenue, east side, from East 19th Street to East 24th Street. Central Avenue, west side, from East 18th Street to East 22nd Street. Clarke Drive, south side, from St. Ambrose Street to the west property line of 2044 Clarke Drive. Delhi Street, north side, from North Grandview Avenue to a point two hundred fifty feet (250') east of Stewart Street. Jackson Street, west side, from one hundred forty feet (140') north of East 10th Street to East 11th Street; east side, from Milwaukee Street to Ruby Street; both sides, from East 9th Street to East 10th Street and from East 11th Street to East 12th Street. James Street, east side, from Mazzuchelli Heights to West 3rd Street. Locust Street, west side, from Loras Boulevard to West 15th Street. Roosevelt Street Extension, north side, from Kerper Boulevard to Kilgore Street, and south side, from Kerper Boulevard to a point three hundred seventy five feet (375') east of Kerper Boulevard. University Avenue, both sides, from Nevada Street to a point one hundred feet (100') west of Booth Street. November 2010 City of Dubuque 9-14-321.602 9-14-321.602 November 2010 University Avenue, north side, from Algona Street to Loras Boulevard. University Avenue, south side, from Alpine Street to Nevada Street. White Street, both sides, from East 9th Street to East 11th Street. White Street, both sides, from East 15th Street to East 16th Street. White Street, east side, from East 14th Street to East 15th Street. 4th Street, West, from a point fifty feet (50') east of the westerly terminus to Bluff Street. 5th Street, West, north side, from Prospect Street to a point one hundred ninety six feet (196') west of Prospect Street. 9th Street, East, north side, from White Street to Jackson Street. 9th Street, East, south side, from Jackson Street to Washington Street. 10th Street, East, both sides, from Jackson Street to White Street. 12th Street, East, both sides, from White Street to the alley west of Jackson Street; south side, from Jackson Street to the alley east of White Street. 13th Street, East, north side, from Elm Street to the alley east of Washington Street. 16th Street, East, both sides, from Pine Street to Maple Street; south side, from Cedar Street to Sycamore Street. 18th Street, East, both sides, from Central Avenue to White Street. (Ord. 44-08, 6-16-2008) City of Dubuque 9-14-321.602 9-14-321.602 D. No Parking At Any Time Zones Designated: When signs are erected giving notice thereof, no person shall, at any time, park a vehicle upon any of the following described streets or parts of streets: Alley, both sides, between Central Avenue and White Street from 7th Street to 8th Street. Alley, both sides, between West 5th Street and University Avenue from Nevada Street to Alpine Street. Adams Street, both sides, from Ice Harbor Drive to 5th Street. Admiral Sheehy Drive, both sides, from U.S. Highway 61/151 to its terminus. Air Hill Street, west side, from University Avenue to 8th Avenue. Airport Road, from U.S. Highway 61 to its westerly terminus. Algona Street, both sides, from University Avenue to Bennett Street; west side, from University Avenue to Loras Boulevard. Alpine Street, west side, from West 5th Street to University Avenue. Althauser Street, west side, from Merz Street to Eagle Street. Angella Street, west side, from West Locust to a point abutting 503 Angella Street. Arlington Street, south side, from Grove Terrace to Prairie Street. Asbury Road, both sides, from John F. Kennedy Road to the westerly city limits; north side, from St. Ambrose Street to Bunker Hill Drive and from Clarke Drive to Woodlawn Street; south side, from John F. Kennedy Road to a point one hundred ten feet (110') east of Crissy Drive. Avon Street, south side. Bell Street, both sides, from 5th Street to its southerly terminus. City of Dubuque 9-14-321.602 9-14-321.602 Bell Street, both sides, from its southerly terminus to a point two hundred fifty feet (250') north thereof. Bennett Street, south side, from Grandview Avenue to McCormick Street. Bluff Street, east side, from Dodge Street to a point one hundred thirty feet (130') north of Dodge Street, and from West 7th Street to a point one hundred eighty feet (180') south of 8th Street; west side, 5th Street to a point eighty feet (80') south of 6th Street. Booth Street, east side, from University Avenue to West 5th Street. Broadway Street, north side, from Diagonal Street to Putnam Street. Burch Street, west side, from Hill Street to West 3rd Street. Caledonia Street, east side from Hill Street to 8th Avenue. Catherine Street, west side, from West 16th Street to West 17th Street. Cedar Cross Road, both sides, from U.S. Highway 20 to a point one hundred feet (100') west of Cedar Cross Court and from North Cascade Road to a point two hundred seventy five feet (275') north of North Cascade Road. Central Avenue, west side, from 11th Street to 10th Street. Charter Street, both sides, from South Locust Street to Harrison Street. Chavenelle Road, both sides, from Associates Drive to its westerly terminus, and from Seippel Road to its easterly terminus. Clarke Drive, north side, from Heeb Street to Harold Street, and from St. Ambrose Street to Asbury Road; south side, from North Grandview Avenue to West Locust Street. College Street, east side, from West 3rd Street to West 5th Street. City of Dubuque 9-14-321.602 9-14-321.602 Cornell Street, both sides, from the north line of Loras Boulevard northerly for a distance of one hundred seventy feet (170'). Cox Street, west side, from Kirkwood Street to Loras Boulevard; east side from Loras Boulevard to Chestnut Street. Davis Street, both sides, from a point six hundred thirty feet (630') east of Windsor Avenue to the entrance of Mount Calvary Cemetery. Daykin Road, both sides, from John F. Kennedy Road to its westerly terminus. Delhi Street, south side, from a point one hundred sixty five feet (165') west of West 5th Street to Grandview Avenue. Dell Street, east side, from Arlington Street to a point fifty feet (50') south of Loras Boulevard. Dodge Street, both sides, from Locust Street to the westerly limits. Dorgan Place, south and west sides, from Ellis Street to 17th Street; east side, from 17th Street to a point approximately two hundred ten feet (210') north of 17th Street. Edina Street, south side, from Alta Vista Street to the alley immediately west thereof. Edison Street, south side, from Stafford Avenue to Althauser Street. Elm Street, east side, from East 19th Street to East 20th Street; east side, from East 20th Street to East 26th Street; west side, from East 24th Street to East 26th Street. Elm Street connector, both sides, from 11th Street to 12th Street. Emmett Street, north side, from Bluff Street to St. Mary's Street. Farley Street, west side, from Rhomberg Avenue to High Bluff Street; east side from Rhomberg Avenue to Garfield Avenue. City of Dubuque 9-14-321.602 9-14-321.602 Foothill Road, south side, from John F. Kennedy Road to Pasadena Drive. Forest Lane, north side, from Nevada Street to Delhi Street. Foye Street, east side, from West Locust Street to Napier Street. Fremont Avenue, both sides, from North Cascade Road to a point four hundred fifty feet (450') east of North Cascade Road and from a point five hundred seventy five feet (575') north of the Fremont Avenue Bridge to a point five hundred fifty feet (550') south of the Fremont Avenue Bridge. Frontage Road, south side of Highway 20, both sides, from Wacker Drive to Cedar Cross Road. Grace Street, north side, from McCormick Street to North Grandview Avenue. Grandview Avenue, North, north side, from Audubon Street to Rosedale Street and from a point approximately three hundred feet (300') west of Algona Street to Clarke Drive; both sides, from Kaufmann Avenue to a point approximately eight hundred feet (800') south of Kaufmann Avenue. Greyhound Park Drive, both sides, from U.S. Highway 61/151 to its terminus. Grove Terrace, east side, from West 11th Street to Arlington Street. Hamilton Street extension, both sides, from Kilgore Street to Kerper Boulevard. Harrison Street, west side, from Railroad Avenue to its northerly terminus. Henion Street, west side, from Loras Boulevard to Pickett Street. Highland Place, east side, from West 11th Street to Arlington Street. City of Dubuque 9-14-321.602 9-14-321.602 Highway 61, both sides, from Kerper Boulevard to the easterly corporate limits. Hill Street, both sides, from Dodge Street to Wooten Street and east side, from Wooten Street to West 3rd Street. Hill Street, South, west side and north side, from South Grandview Avenue to Curtis Street. Hillcrest Road, south side, from Asbury Road to St. John Drive; north side, from John F. Kennedy Road to a point nine hundred fifty feet (950') west. Hillcrest Road, North, both sides, from John F. Kennedy Road to Pasadena Drive. Ice Harbor Drive, both sides, from 1st Street to 5th Street. Ida Street, east side, from Grace Street to Delhi Street. Irving Street, west side, from University Avenue to Decorah Street. Jackson Street, both sides, from East 6th Street to East 9th Street and from East 10th Street to a point one hundred forty feet (140') south of East 11th Street; east side, from Ruby Street to Aquin Street. Jefferson Street, south side, from Walnut Street to Olive Street. John F. Kennedy Road, both sides, from University Avenue to a point two hundred thirty feet (230') north of Spring Valley Road and from a point three hundred sixty feet (360') south of the Northwest Arterial to its northerly terminus. Jones Street, north side, from Water Street to the Illinois Central Railroad right of way. Kane Street, north side, from Ken Court to Carter Road; south side, from a point one hundred forty feet (140') east of Katrina Circle to a point one hundred forty feet (140') west of Katrina Circle. City of Dubuque 9-14-321.602 9-14-321.602 Kaufman Avenue, both sides, from Central Avenue to Francis Street; north side, from Francis Street to Valeria Street. Kelly Lane, south side, from Fremont Avenue to Old Mill Road. Kerper Boulevard, both sides, from Pine Street to Hawthorne Street. Key Way Drive, north side, from John F. Kennedy Road to Woodland Drive. Key West Drive, both sides, from Maquoketa Drive to the southerly city limits. Kilgore Street, east side, from Roosevelt Street extension to Hamilton Street extension. Lawndale Street, east side, from Park Street to the northerly terminus of Lawndale Street. Lincoln Avenue, south side, from Elm Street to Kniest Street. Locust Street, west side, from West 2nd Street to West 3rd Street. Locust Street, east side, from Dodge Street to Jones Street. Loras Boulevard, both sides, from Central Avenue to Bluff Street; north side, from Henion Street to the alley west of Alta Vista Street, and from Adair Street to North Grandview Avenue; south side, from Prairie Street to Walnut Street. Madison Hill, east side, from West 17th Street to Clarke Drive. Main Street, west side, from West 4th Street to a point one hundred twenty feet (120') south of West 5th Street. McCormick Street, west side, from Bennett Street to University Avenue. Merz Street, south side, from Windsor Avenue to Althauser Street. City of Dubuque 9-14-321.602 9-14-321.602 Montrose Terrace, both sides, from Loras Boulevard to a point one hundred seventy feet (170') north of Loras Boulevard. Mount Loretta Street, north side, from Valley Street to Bryant Street. Nevada Street, east side, from University Avenue to Martha Street. Nightingale Lane, both sides, from Cedar Cross Road south and southwesterly to a point approximately one hundred fifty feet (150') east of its westerly terminus; north side, one hundred fifty feet (150') east from its westerly terminus. North Westbrook Drive, south and west sides, from Seippel Road to Trails Edge Drive. Northwest Arterial, both sides, from U.S. Highway 20 to the northerly corporate limits. O'Hagen Street, east side, from Mineral Street to University Avenue. Old Mill Road, south side, from Kelly Lane to Catfish Creek Bridge; both sides from Catfish Creek Bridge to Rockdale Road. Overview Court, south side, from South Grandview Avenue to its westerly terminus. Park Street, both sides, from Mt. Pleasant to Lawndale Street. Pebble Creek Drive, east side, from North Westbrook Drive to South Westbrook Drive. Pennsylvania Avenue, both sides, from John F. Kennedy Road to the westerly city limits; north side, from University Avenue to John F. Kennedy Road. Peru Road, both sides, from its southerly terminus at 32nd Street to the northerly city limits. Pickett Street, south side, from Cornell Street to Henion Street. City of Dubuque 9-14-321.602 9-14-321.602 Pinard Street, west side, from East 29th Street to the northerly terminus of Pinard Street. Prairie Street, east side, from Loras Boulevard to West 11th Street. Race Street, west side, from West 11th Street to Rose Street. Radford Road, both sides, from Chavenelle Road to the northerly city limits. Raven Oaks Drive, both sides, from John F. Kennedy Road to its easterly terminus. Rhomberg Avenue, southeasterly side, from Elm Street to Kniest Street and the northwesterly side from Elm Street to a point two hundred eighty feet (280') northeast of Elm Street. Rockdale Road, both sides, from South Grandview Avenue to a point one hundred seventy five feet (175') south of Kehl Court. Rosedale Avenue, south side, from St. Ambrose Street to the alley easterly thereof; north side from St. Ambrose to a point two hundred eighty feet (280') east thereof. Saint Mary's Street, east side, from Emmett Street to West 3rd Street. Saunders Street, northwest side, one hundred feet (100') southwest from Lemon Street. Shelby Street, east side, from Clarke Drive to its northerly terminus. South Westbrook Drive, north and west sides, from Seippel Road to Trails Edge Drive. Southern Avenue, both sides, from Iowa 946 to Valley Street; south side, from Valley Street to a point one hundred thirty feet (130') east of Samuel Street; north side, from Valley Street to a point one hundred fifteen feet (115') west of Valley Street. City of Dubuque 9-14-321.602 9-14-321.602 Southpark Court, both sides, from Twin Valley Drive to its terminus. Spring Valley Road, north side, from Olde Country Lane to Fox Hollow Road. Summit Street, west side, from West 3rd Street to West 5th Street. Sumner Street, east side, from Lincoln Avenue to Rhomberg Avenue. Sycamore Street, both sides, from 14th Street to 16th Street. Thiesen Street, south side, from Jenni Street to Stetmore Street. Thomas Place, both sides, from Stafford Street to Ascension Street. Trails Edge Drive, south side, from Pebble Creek Drive to South Westbrook Drive. U.S. 61/151, northbound off ramp connection, both sides, from 9th Street to 11th Street. U.S. 61/151, northbound on ramp connection, both sides, from 9th Street to 11th Street. U.S. 61/151, southbound on ramp connection, both sides, from 11th Street to 9th Street. Ungs Street, north side, from Clarke Drive to Hoyt Street. University Avenue, both sides, from Pennsylvania Avenue to Loras Boulevard; south side, from Gilliam Street to Pennsylvania Avenue and from Loras Boulevard to a point one hundred two feet (102') east to Auburn Street. Valley Street extension, both sides, from Southern Avenue to Railroad Avenue. Vernon Street, north side, from Alta Vista Street to the alley immediately west thereof. City of Dubuque 9-14-321.602 9-14-321.602 Wacker Drive, both sides, from John F. Kennedy Road to Center Grove Drive. Walnut Street, east side, from University Avenue to Loras Boulevard. Wartburg Place, both sides, from Fremont Avenue to the entrance to Wartburg Seminary Auditorium, and from 385 Wartburg Place to the entrance to Sunset Ridge; east side, from the entrance to Wartburg Seminary Auditorium to 385 Wartburg Place. Washington Street, west side, from East 20th Street to East 25th Street. White Street, both sides, from East 4th Street to East 5th Street; west side, from East 7th Street to East 8th Street; east side, from East 25th Street to East 26th Street. Wilbur Lane, south side, from Alice Street to Grove Terrace. Wilson Avenue, west side, from West 8th Street to West 11th Street. Woodland Drive, east side, from Key Way Drive to a point one hundred fifty feet (150') south of Key Way Drive and from Foothill Road to a point two hundred feet (200') north of Foothill Road. Wooten Street, south side, from Hill Street to McClain Street; north side, from McClain Street to a point one hundred sixty five feet (165') east thereof. 1st Street, West, both sides, from Locust Street to Bluff Street. 1st to 2nd Street connector, east of Main Street, west side, between 1st Street and 2nd Street. 2nd Street, West, both sides, from Bluff Street to the alley immediately east thereof. 3rd Street, both sides, from a point one hundred feet (100') west of Bluff Street to Bluff Street; and from Main Street to City of Dubuque 9-14-321.602 9-14-321.602 Bell Street; south side, from Burch Street to a point one hundred feet (100') west of Bluff Street. 4th Street, East, both sides, from White Street to Central Avenue. 5th Street, both sides, from White Street to Adams Street; north side, from Bell Street to and including the cul-de-sac to the east. 5th Street, both sides, from White Street to Bell Street. 5th Street, south side, from Bluff Street to Hill Street; north side, from a point one hundred ninety two feet (192') west of Bluff Street to Prospect Street and from Iowa Street to Main Street; provided, however, it shall not be unlawful to stop, but only in the drop off areas provided, for the sole purpose of and for the time necessary to allow passengers to enter or exit a vehicle and during which time the vehicle shall not be unattended. 6th Street, south side, from Locust Street to the alley west of Main Street; provided, however, it shall not be unlawful to stop, but only in the drop off areas provided, for the sole purpose of and for the time necessary to allow passengers to enter or exit a vehicle and during which time the vehicle shall not be unattended. 7th Street, both sides, from Bluff Street to the alley east of Locust Street. 7th Street, East, both sides, from Washington Street to a point two hundred fifty feet (250') east of Washington Street. 7th Street, East, north side, from White Street to Jackson Street. 8th Street, West, both sides, from a point one hundred forty six feet (146') west of the west property line of University Avenue to a point two hundred six feet (206') west of the west property line of University Avenue; from Locust Street to the alley west of Iowa Street, provided, however, it shall not be unlawful to stop, but only in the drop off areas provided, for the sole purpose of and for the time necessary to allow passengers to enter or exit a vehicle and during which time November 2010 City of Dubuque 9-14-321.602 9-14-321.602 November 2010 the vehicle shall not be unattended; north side, from Wilson Avenue to Roberts Avenue; south side, from Central Avenue to the alley immediately west thereof. 8th Street, West, from alley west of Iowa Street to Iowa Street from five o'clock (5:00) P.M. until eight o'clock (8:00) A.M. Monday through Saturday and twenty four (24) hours on Sunday (nonmetered times). 9th Street, West, both sides, from University Avenue to Bluff Street; north side, from Bluff Street to Locust and Iowa Street to fire headquarters' driveway; south side, from Main Street to the alley west of Iowa Street and from Iowa Street to Central Avenue. 10th Street, West, both sides, from Locust Street to Bluff Street; south side, from Central Avenue to Iowa Street. 11th Street, East, both sides, from Elm Street to Kerper Boulevard. 11th Street, West, south side, from Prairie Street to Race Street. 12th Street, West, north and east sides, from Bluff Street to Grove Terrace; south side, from Bluff Street to a point approximately one hundred sixty feet (160') west of Bluff Street. 14th Street, East, both sides, from White Street to Central Avenue; north side, from White Street to alley west of Jackson Street. 15th Street, East, both sides, from Sycamore Street to a point nine hundred fifty feet (950') east of Sycamore Street; south side, from Iowa to alley east of Main Street. 16th Street, East, both sides, from Sycamore Street to Kerper Boulevard and from Cedar Street to Maple Street; north side, from Elm Street to Pine Street and from Maple Street to Sycamore Street. 16th Street, West, south side, from Montrose to Catherine Street. City of Dubuque 9-14-321.602 9-14-321.602 17th Street, West, north side, from West Locust Street to Clark Street. 19th Street, East, south side, from Elm Street to Pine Street. 20th Street, East, both sides, from Central Avenue to Elm Street. 21st Street, East, both sides, from Central Avenue to White Street; south side, from Jackson Street to Elm Street. 22nd Street, East, south side, from Windsor Avenue to Stafford Street; and Central Avenue to White Street; north side, from Jackson Street to Central Avenue. 23rd Street, West, north side, from Central Avenue to a point one hundred ninety feet (190') west of Central Avenue, and south side, from Central Avenue to Valeria Street. 24th Street, East, south side, from Central Avenue to Washington Street. 24th Street, West, north side, from Central Avenue to Broadway Street. 30th Street, East, north side, from Central Avenue to Jackson Street. 32nd Street, East, south side, from Central Avenue to White Street; both sides, from Jackson Street to a point seven hundred feet (700') east of Jackson Street. 32nd Street, West, south side, from Central Avenue to a point one hundred feet (100') west of Lemon Street; north side, from Central Avenue to Fink Street. (Ord. 44-08, 6-16-2008; amd. Ord. 37-10, 7-6-2010) E. Fifteen Minute Parking: When signs are erected giving notice thereof, no person shall park a vehicle for a period of time longer than fifteen (15) minutes upon the streets or parts of streets as follows: Rhomberg Avenue, east side, from Kniest Street to a point one hundred sixty eight feet (168') south of Marshall Street. November 2010 City of Dubuque 9-14-321.602 9-14-321.602 White Street, east side, from East 7th Street to a point forty feet (40') north of East 7th Street. 5th Street, West, north side, from Bluff Street to a point eighty five feet (85') east of Bluff Street. F. No Parking Six O'Clock A.M. To Six O'Clock P.M. Monday Through Saturday, Except Holidays: When signs are erected giving notice thereof, no person shall park a vehicle between the hours of six o'clock (6:00) A.M. to six o'clock (6:00) P.M., Monday through Saturday, except holidays, upon the following streets or parts of streets: Iowa Street, west side, from 6th Street to 7th Street. 9th Street, south side, Main Street, west to the alley. G. Two Hour Parking Nine O'Clock A.M. To Six O'Clock P.M., Except Saturdays, Sundays, And Public Holidays: When signs are erected giving notice thereof, no person shall park a vehicle between the hours of nine o'clock (9:00) A.M. and six o'clock (6:00) P.M. on any day except Saturdays, Sundays and public holidays upon the follow- ing streets or parts of streets as follows: White Street, east side, from East 13th Street to East 14th Street. 14th Street, East, south side, from Jackson Street to White Street; north side, from Jackson Street to the alley east of White Street. H. No Parking Six O'Clock A.M. To Six O'Clock P.M. Monday Through Friday: When signs are erected giving notice thereof, no person shall park a vehicle between the hours of six o'clock (6:00) A.M. to six o'clock (6:00) P.M., Monday through Friday upon the following streets: 15th Street, West, south side, from Main Street to the alley west of Iowa Street. No Parking Five O'Clock A.M. To Five O'Clock P.M. Monday Through Saturday, Except Public Holidays: When signs are erected giving notice thereof, no person shall park a vehicle between the hours of five o'clock (5:00) A.M. and five o'clock (5:00) P.M., Monday through Saturday, except public holidays, upon the following streets or parts of streets as follows: November 2010 City of Dubuque 9-14-321.602 9-14-321.604 17th Street, south side, from a point thirty feet (30') west of Central Avenue to the alley east of Iowa Street. (Ord. 44-08, 6-16-2008) 9-14-321.603: PARKING RESTRICTIONS IN SCHOOL AREAS: A. Where spaces have been set aside adjacent to school property by signs or markings for "bus loading only", it shall be unlawful for the operator of any vehicle other than a bus engaged in the loading or unloading of students to stand or park in any such "bus loading only" spaces. B. Where spaces have been set aside adjacent to school property by signs or markings for "no parking school hours", it shall be unlawful for the operator of any vehicle to stop, stand, or park within the space area during the hours when the adjacent school is in session. (Ord. 44-08, 6-16-2008) 9-14-321.604: PARALLEL PARKING REQUIRED; EXCEPTIONS FOR ANGLE PARKING: A. Except where angle parking is permitted and on one-way streets, every vehicle stopped or parked upon a roadway where there is an adjacent curb shall be stopped or parked with the right hand wheels of such vehicle parallel with and within eighteen inches (18") of the right hand curb. B. On one-way streets vehicles may also be parked with the left hand wheels parallel with and within eighteen inches (18") of the left hand curb. C. Moving vans or trucks or other vehicles handling heavy freight, merchandise, or materials shall be permitted to back into the curb and park at an angle, with the traffic, not more than forty five degrees (45°), to take on or discharge loads, but permission for such angle parking in areas on through streets, and in the business district where angle parking is not otherwise permitted, shall be first obtained from the city manager. In all such cases, the vehicle shall not remain so parked longer than the actual loading or unloading requires. D. The city manager is hereby authorized to issue to any owner of a vehicle used to transport merchandise, freight, or materials, a City of Dubuque 9-14-321.604 9-14-321.605 special permit, renewable annually, and to state therein the terms and conditions thereof allowing the operator of such vehicle the privilege of loading or unloading while such vehicle is backed against the curb at an angle of forty five degrees (45°) with the traffic, if, in the opinion of the city manager, such privilege is reasonably necessary in the conduct of the owner's business and will not seriously interfere with traffic. Such permit shall either be in the possession of the operator or on the vehicle at the time such vehicle is backed against the curb or parked at an angle to take on or discharge a load and it shall be unlawful for the owner or operator to violate any of the special terms or conditions of such special permit. E. Vehicles having a greater length than twenty feet (20') overall shall not be permitted to park at an angle upon any street. F. Vehicles shall be parked within spaces indicated and with a front wheel of the vehicle against the curb, upon the following streets designated from time to time as streets where front in angle parking is permitted: 1st Street, from the 1st to 2nd Streets connector to Main Street. 2nd Street, from the 1st to 2nd Streets connector to Locust Street. 4th Street, north side, from Iowa Street to Main Street. (Ord. 44-08, 6-16-2008) 9-14-321.605: BUS STOPS OR PASSENGER ZONES: Where spaces have been set apart by signs or markings for bus stops or passenger zones, it shall be unlawful for the operator of any vehicle, other than a bus, to stand or park in any officially designated bus stop except that the operator of any passenger vehicle may temporarily stop in any such bus space or stop for the purpose of and while actually engaged in the loading or unloading of passengers. Between the hours of six o'clock (6:00) P.M. to six o'clock (6:00) A.M., Monday through Saturday, all day Sunday, and on those "holidays" defined in section 9-1-321.1 of this title, it shall be lawful for the operator of any motor vehicle to stand or park in the following downtown bus stops or passenger zones: Main Street, west side, 9th Street to 10th Street. City of Dubuque 9-14-321.621 9-14-321.622 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 parking 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, or A5 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 one hundred dollars ($100.00). 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). (Ord. 74-08, 11-3-2008) 5. 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. 52-08, 7-21-2008; amd. Ord. 74-08, 11-3-2008) B. 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) 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) City of Dubuque 9-14-321.623 9-14-321.626 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 VEHICLES 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 or placed such motor vehicle at the point where such violation occurred. (Ord. 44-08, 6-16-2008) 9-14-321.626: RESERVED FIRE DEPARTMENT PARKING: A. When appropriate signs have been posted, that area located on the north side of 9th Street between Central Avenue and the driveway to fire headquarters is set aside for the parking of fire department vehicles. City of Dubuque 9-14-321.626 9-14-321.627 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 the fire department. (Ord. 44-08, 6-16-2008) 9-14-321.627: ALTERNATE SIDE STREET PARKING: A. This section is enacted as an enforcement procedure for the protection of public safety and welfare and shall be used to facilitate street sweeping and the removal of snow and ice accumulations on certain public streets. B. There is hereby established an alternate side street parking district, unless signs are erected giving notice otherwise, comprised of streets and/or portions thereof as follows: Bluff Street, both sides, from 14th Street to Dodge Street. Central Avenue, both sides, from 22nd Street to 4th Street. Clarke Drive, north side, from the east property line of 1687 Clarke Drive to Clarke Crest Drive. Clarke Drive, south side, from West Locust Street to a point approximately one hundred feet (100') east of Clarke Crest Drive. Iowa Street, both sides, from 14th Street to 4th Street. Jones Street, both sides, from Main Street to Harrison Street. Locust Street, both sides, from 14th Street to 1st Street. Main Street, both sides, from 14th Street to Railroad Avenue. Railroad Avenue, both sides, from Main Street to Harrison Street. White Street, both sides, from 21st Street to 5th Street. 1st Street, both sides, from Bluff Street to the 1st to 2nd Street connector, also known as the alley east of Main Street. 2nd Street, both sides, from Bluff Street to Iowa Street. City of Dubuque 9-14-321.627 9-14-321.627 3rd Street, both sides, from Bluff Street to Main Street. 4th Street, both sides, from Bluff Street to Central Avenue. 5th Street, both sides, from Bluff Street to White Street. 6th Street, both sides, from Bluff Street to White Street. 7th Street, both sides, from Bluff Street to White Street. 8th Street, both sides, from Bluff Street to White Street. 9th Street, both sides, from Bluff Street to Pine Street. 10th Street, both sides, from Bluff Street to White Street. 11th Street, both sides, from Bluff Street to Pine Street. 12th Street, both sides, from Bluff Street to White Street. 13th Street, both sides, from Bluff Street to White Street. 16th Street, both sides, from Central Avenue to the alley entrance immediately east of Central Avenue. C. The city manager is hereby authorized to establish time restrictions within the alternate side street parking district and to post appropriate signs therefor. D. Upon petition to the city manager by any person for parking time restrictions within the alternate side street parking district, the city manager shall review such requests and make such changes as are deemed necessary by the city manager. E. When any vehicle parked in violation of this section constitutes a hindrance and a hazard to the prompt removal of snow and ice accumulations, the police department may cause the immediate removal of the vehicle. When conditions permit, the police department shall make a reasonable effort to contact the last registered owner of the vehicle before summarily removing the vehicle. F. The towing and storage of vehicles parking in violation of this section 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) City of Dubuque 9-14-321.665 9-14-321.666 that the motor vehicle occupying such parking space has been parked beyond the period prescribed for such parking spaces. B. Such parking meter shall be operated to show legal parking in such parking meter zones between the hours of eight o'clock (8:00) A.M. and five o'clock (5:00) P.M., Monday through Saturday of each week. C. The provisions of this division shall not apply on "holidays", as defined in section 9-1-321.1 of this title. (Ord. 44-08, 6-16-2008) 9-14-321.666: MUNICIPAL PARKING METER DISTRICT ESTAB- LISHED: There is hereby established a municipal parking meter district to be comprised of streets and/or portions thereof as follows: East -west streets: 1st Street, both sides, between Locust Street and extending to the connector east of Main Street. 2nd Street, both sides, between the connector east of Main Street and Locust Street. 3rd Street, both sides, between Locust Street and Bluff Street. 4th Street, both sides, from Central Avenue to Locust Street. 4th Street, north side, between Locust Street and Bluff Street. 4th Street, south side, between Locust Street and Bluff Street, months of December through March only. 5th Street, both sides, between White Street and Bluff Street. 5th Street, north side, from Bluff Street to a point one hundred ninety six feet (196') west of Bluff Street. 6th Street, both sides, between White Street and Central Avenue. 6th Street, both sides, from Locust Street to Bluff Street. 7th Street, both sides, between Locust Street and Bluff Street. 7th Street, both sides, between White Street and Iowa Street. City of Dubuque 9-14-321.666 9-14-321.666 8th Street, both sides, between Locust Street and Hill Street. 8th Street, both sides, between White Street and Central Avenue. 9th Street, both sides, between White Street and Central Avenue. 9th Street, north side, from Iowa Street to Locust Street. 9th Street, south side, between Iowa Street and the alley west of Iowa Street. 9th Street, south side, between Locust Street and Bluff Street. 9th Street, south side, between Locust Street and Main Street. 10th Street north side, between White Street and Locust Street. 10th Street, south side, between White Street and Central Avenue. 10th Street, south side, between Iowa Street and Locust Street. 11th Street, both sides, between White Street and Bluff Street. 11th Street, south side, between White Street and Washington Street. 12th Street, both sides, between Central Avenue and Bluff Street. 12th Street, both sides, between Main Street and Bluff Street. 13th Street, both sides, between White Street and Locust Street. 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. City of Dubuque 9-14-321.666 9-14-321.667 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. 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 9th Street and Loras Boulevard. Main Street, both sides, from 5th Street to 8th Street. Main Street, east side, between 8th Street and 10th Street. Main Street, both sides, from 1st Street to a point two hundred twenty feet (220') south of 1st 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. 44-08, 6-16-2008; amd. Ord. 73-08, 11-3-2008) 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: City of Dubuque 9-14-321.667 9-14-321.669 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. D. Ten (10) hour parking meters shall show legal parking for twenty five cents ($0.25) per hour, but not more than a total of ten (10) hours at any one time. 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) 9-14-321.668: MAXIMUM PARKING TIMES: Between the hours and on the days stated in section 9-14-321.665 of this chapter, no person shall allow a vehicle to be parked in a parking meter space for a period of time greater than the maximum time limit indicated for such meter. (Ord. 44-08, 6-16-2008) 9-14-321.669: EXEMPTION OF PERSONS HOLDING RESIDENT PARKING PERMITS FROM SPECIFIC SECTIONS: A. Resident Parking Sticker Defined; Display Required: A "resident parking sticker" is a permit to park a motor vehicle upon the streets of the city in the parking meter district. When a valid parking sticker is displayed upon a vehicle, that vehicle shall be exempt from the provisions of sections 9-14-321.667 and 9-14-321.668 of this chapter in the parking meter district. B. Sticker Issuance: A resident parking sticker shall only be issued to an individual who is occupying a housing unit as that person's principal abode. The housing unit must be located within the parking City of Dubuque 9-14-321.739 9-14-321.749 Cornell Street. Pickett Street. West 15th Street from Cornell Street to Fairview Street. West 16th Street from Catherine Street to Fairview Place. B. No vehicles shall park curbside in residential parking permit district G during the hours of six o'clock (6:00) A.M. to twelve o'clock (12:00) midnight, except Sundays and holidays, without displaying a valid parking permit issued by the city. (Ord. 44-08, 6-16-2008) 9-14-321.740: RESIDENTIAL PARKING PERMIT DISTRICT 11: A. The following described area constitutes a residential parking permit district designated as residential parking permit H: Hansel Drive, between Keystone Drive and Keymont Drive. Keymont Drive from Key Way Drive to its westerly terminus. Phyllrich Drive, between Keystone Drive and Keymont Drive. Vizaleea Drive from Pennsylvania Avenue to Keystone Drive. B. No vehicles shall park curbside in residential parking permit district H during the hours of seven o'clock (7:00) A.M. to three o'clock (3:00) P.M., except Saturdays, Sundays, and holidays, without displaying a valid parking permit issued by the city. (Ord. 44-08, 6-16-2008) 9-14-321.741: HOME HEALTHCARE PROVIDERS: The city manager may issue, without charge, to a business providing home healthcare a special parking permit that allows an employee of such business to park in a residential parking permit district. Such permit shall only be valid while a home healthcare employee is at a residence within the district and is actually engaged in providing care to a resident of the district. The permit shall not be available to a self-employed home healthcare provider. The permit may be revoked by the city manager for failure to comply with the requirements of this section. (Ord. 44-08, 6-16-2008) 9-14-321742 — 9-14-321.749: RESERVED: (Ord. 44-08, 6-16-2008) City of Dubuque 10-5B-1 10-5B-1 SECTION: 10-5B- 1: 10-5B- 2: 10-5B- 3: 10-5B- 4: 10-5B- 5: 10-5B- 6: 10-5B- 7: 10-5B- 8: 10-5B- 9: 10-5B-10: 10-5B-11: 10-5B-12: 10-5B-13: 10-5B-14: 10-5B-15: 10-5B-16: 10-5B-17: 10-5B-18: 10-5B-19: 10-5B-20: 10-5B-21: 10-5B-22: 10-5B-1: CHAPTER 5 PARKS AND RECREATION ARTICLE B. USE REGULATIONS Definitions Intoxicating Beverages Horsedrawn Vehicles, Riding Of Animals Restricted Dogs, Cats And Other Domestic Animals Walking On Grass Throwing Stones Or Other Missiles Interfering With Animals Unlawful Deposits Obstructions Posting Bills, Notices Or Signs Sales Restricted Possession Of Firearms, Weapons And Fireworks Climbing On Fences, Roofs Moving Benches And Tables Use Of Spotlights, Searchlights Meetings And Gatherings Fires Loosening Stones From Bluffs Prohibited Washing Vehicles Compliance With Motor Vehicle Laws, Ordinances Removal Of Unattended Vehicles Left After Closing Hours Open Season And Hours Generally DEFINITIONS: As used in this article, the following terms shall have the following meanings: COMMISSION OR The park and recreation advisory commission of THE COMMISSION: the city. City of Dubuque 10-5B-1 10-5B-2 PARKS OR Parks, parkways, buildings, park roads or drive - PARKWAYS: ways, and all public service facilities or grounds, buildings and structures in and adjacent to the city, which are under the responsibility of the commission. (Ord. 54-06, 7-5-2006) 10-5B-2: INTOXICATING BEVERAGES: A. Consumption Or Use Prohibited; Exceptions: The consumption or use of "alcoholic liquors" or "wine" as defined by chapter 123 of the code of Iowa or any type of wine product is prohibited in any public park or park and recreation facility including park roadways and parking lots. This subsection shall not apply, however, to the consumption or use of alcoholic liquors or wine in Four Mounds park at an event sponsored or expressly approved by the Four Mounds Foundation, or at public events sponsored by nonprofit organizations held at the American Trust River's Edge Plaza or the Mississippi Riverwalk and for which a special events permit has been issued, or at an event at the Alliant Energy Amphitheater for which a special events permit has been issued. B. Beer Consumption Restricted: The consumption of beer on any park roadway or parking lot or in cars is prohibited at all times. C. Keg Beer: Where the use or consumption of beer is permitted, no beer in containers commonly referred to as "keg beer" shall be permitted at any time except by a licensed holder of a beer permit who has obtained a permit from the city manager authorizing the use of such container. D. Beer Prohibited In Certain Parks: 1. The consumption or use of beer is prohibited in the following named parks: Alliant Energy Amphitheater Allison -Henderson park American Trust River's Edge Plaza Avon park Burden park Caledonia park Cancer Survivor park Cleveland park City of Dubuque TABLE OF CONTENTS TITLE 1 Administration Dubuque City Code 1 Saving Clause 2 Definitions 3 General Penalty 4 Charter 5 Mayor And City Council 6 Rules And Procedure 6A City Officers And Employees 7 Elections, Precincts And Wards 8 Evidentiary Hearings By City Council 9 Miscellaneous Administrative Provisions 10 Emergency Succession During Disaster 11 TITLE 2 Boards And Commissions Hearings And Appeals 1 Civil Service Commission 2 Investment Oversight Advisory Commission 3 Civic Center Advisory Commission 4 Housing Agency And Community Development Commissions 5 Municipal Housing Agency And Governing Board (Rep. by Ord. 26-09, 6-1-2009) 5A Housing Commission 5B Community Development Advisory Commission 5C Trust Fund Advisory Committee 5D Environmental Stewardship Advisory Commission 6 Board Of Library Trustees 7 Arts And Cultural Affairs Advisory Commission 8 TITLE 3 Revenue And Taxation Property Tax 1 Revitalization Areas 2 Hotel And Motel Tax 3 Economic Development 4 Industrial Projects 4A Enterprise Zone Commission 4B Speculative Shell Buildings Of Community Development Organizations And For Profit Entities 4C Residential Relocation Assis- tance Program 4D TITLE 4 Business And License Regulations Business Licenses Generally 1 Liquor Control 2 Alcoholic Beverages 2A Liquor, Beer And Wine Licenses And Permits 2B Excursion Boat Admission Fees 3 Central Market 4 Door To Door Sales 5 Junk And Secondhand Dealers And Pawnbrokers 6 Vehicles For Hire And Public Transportation 7 Nonmotorized Vehicles 7A Motorized Vehicles For Hire . 7B Adult Entertainment Establish- ments 8 Peddlers And Transient Merchants 9 City of Dubuque TITLE 5 Transit System Transit Advisory Board; General Provisions TITLE 6 Health, Housing, Sanitation And Environment TITLE 8 Human Rights Definitions; General Provisions 1 1 Human Rights Commission 2 Unfair And Discriminatory Practices 3 Disability Discrimination 3A Enforcement Of Civil Rights 4 Fair Housing 5 Health And Safety Regulations 1 Food Establishments And Hotel Sanitation 2 Ambulances 3 Nuisances 4 Noises 5 Housing Regulations 6 Hazardous Waste, Substances And Conditions 7 Trees And Weeds 8 Fire Prevention Regulations 9 TITLE 7 Police, Fire And Public Safety Police Department 1 Fire Department 2 Emergency Management 3 Alarm System Permits 4 Offenses 5 General Offenses 5A Drug Paraphernalia 5B Crime Property 5C Animal Control 6 Miscellaneous Provisions 6A Dogs And Cats 6B Rabies Control 6C Dangerous Animals 6D Potentially Vicious Dogs 6E Bicycles 7 TITLE 9 Motor Vehicles And Traffic General Provisions 1 Registration, Certification Of Title, And Proof Of Security Against Financial Liability 2 Special Antitheft Law 3 Drivers' Licenses 4 Obedience To And Effect Of Traffic Laws 5 Powers Of Local Authorities 6 Operation 7 Pedestrians' Rights And Duties 8 Special Stops Required 9 Miscellaneous Rules 10 School Buses 11 Equipment 12 Size, Weight And Load 13 Parking 14 Impoundment Of Vehicles 15 Miscellaneous City Provisions . 16 TITLE 10 Public Ways And Property Streets, Sidewalks And Other Public Places 1 Excavations 2 City of Dubuque TITLE 10 (cont.) Encroachments On Public Places 3 Waste Collection Receptacles 3A Newsracks 3B Projecting Signs 3C Other Encroachments 3D Sidewalk Cafes 3E Mailboxes 3F Parades And Assemblies 4 Parks And Recreation 5 Administration 5A Use Regulations 5B Specific Parks 5C Railroads 6 Boats, Boating And Waterfront Structures TITLE 11 Rights Of Way Nonfranchised Communications Systems Cable Right Of Way Regulations Cable Communications Open Video Systems Cable Television Cable Franchise Agreement Community Tele -Programming Commission 3B Cable Regulatory Commission 3C Rates And General Regulations 3D Cable Services Customer Service Standards Gas Franchise Electric Franchises Interstate Power Company Maquoketa Valley Electric Cooperative TITLE 12 Airport Administration And Enforcement 1 General Regulations 2 Airport Zoning Regulations 3 TITLE 13 Public Utilities Water Use And Service 1 Connections 1A Water Meters 1B Rates 1C 7 Cross Connection Control 1D Sewers And Sewage Disposal 2 Discharge Regulations 2A Private Disposal Systems; Private Haulers 2B Rates 2C Industrial Pretreatment Program 2D Gas Main Connections 3 Stormwater Management 4 1 Illicit Connections And . 2 Discharges To Storm Sewer 2A System 5 2B Solid Waste 6 3 City Or Private Collection 3A Service 6A TITLE 14 Building And Development 3E Building Codes 1 4 Building Code And Regulations . 1A 5 Residential Code 1B 5A Energy Conservation Code 1C Electrical Code 1D 5B Fire Code And Regulations 1E City of Dubuque TITLE 14 (cont.) Mechanical Code 1F Fuel Gas Code 1G Plumbing Code 1H Accessibility Code For Readily Achievable Changes 11 Building Construction, Demoli- tion And Moving 2 Dangerous Buildings 3 Licensing Of Vacant And/Or Abandoned Buildings 4 Historic Buildings 5 Historic Preservation (Rep. by Ord. 52-09, 10-19-2009) 6 Condominium Conversions And Transfers To Multiple Housing Cooperative 7 Exterior Storage Containers And Storage Trailers 8 Swimming Pools 9 Signs (Rep. by Ord. 52-09, 10-19-2009) 10 Flood Areas 11 Erosion And Sediment Control 12 TITLE 15 Planning And Zoning Comprehensive Plan 1 Long Range Planning Advisory Commission 2 TITLE 16 Unified Development Code PART I. GENERAL PROVISIONS Title, Purpose And General Provisions 1 Definitions 2 PART II. LAND USE REGULATIONS Land Use General Provisions 3 Nonconformities 4 Zoning Districts 5 Overlay Districts 6 Supplemental Use Regulations 7 Zoning Board Of Adjustment Applications And Procedures . 8 Zoning Advisory Commission Applications And Procedures 9 Historic Preservation Commission Applications And Procedures ... 10 PART III. LAND DEVELOPMENT REGULATIONS Land Subdivision 11 Site Plans 12 Site Design Standards 13 Parking 14 Signs 15 INDEX City of Dubuque 13-1C-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 Bills 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 $2.20 Next 120 1.80 Next 350 1.67 Next 500 1.48 Next 1,000 1.30 Monthly Consumption (In Gallons) Charge Per Gallon First 22,440 $0.00294 Next 89,760 0.00240 Next 261,800 0.00224 Next 374,000 0.00198 Next 748,000 0.00174 June 2010 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 $ 4.40 3/4 5 3,740 11.01 1 8 5,984 17.61 172 26 19,448 57.24 2 46 34,408 94.80 3 106 79,288 200.21 4 168 125,664 311.79 6 368 275,264 646.30 8 625 467,500 1,051.83 A property owner shall pay a thirty dollar ($30.00) disconnect fee for water service that is disconnected by the city for a meter not in service. When a tenant account is subject to disconnection due to delinquency, the tenant shall pay the thirty dollar ($30.00) disconnect fee. A five dollar ($5.00) minimum monthly charge shall be assessed for meters not in service. (Ord. 13-10, 3-9-2010, eff. 7-1-2010) 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 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 June 2010 City of Dubuque 13-1C-1 13-1C-2 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) $13.46 200 — 300 16.15 300 — 400 18.82 400 — 600 21.52 600 — 800 24.20 800 — 1,000 26.90 1,000 — 1,200 29.60 1,200 — 1,400 32.26 1,400 — 1,600 34.96 1,600 — 1,800 37.66 1,800 — 2,000 40.33 2,000 — 2,200 43.02 2,200 — 2,400 45.70 2,400 — 2,600 48.41 2,600 — 2,800 51.10 2,800 — 3,000 53.85 3,000 — 3,500 56.47 Over 3,500 (for each additional 500 heads or fraction thereof) 2.69 (Ord. 14-10, 3-9-2010, eff. 7-1-2010) June 2010 City of Dubuque 13-1C-3 13-1C-3: CONSTRUCTION USE: 13-1C-4 A. Application For Temporary Water Service; Deposit: When a temporary 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 impractical, then the deposit for meter and fittings shall not be required, but a charge, as determined by the city manager, after official publication, 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 official publication. B. Due When Rendered: All utility bills are due when rendered. C. Late Payments; Procedure Upon Delinquency: 1. If a bill remains unpaid twenty five (25) days following the billing date, there shall be added to the bill a penalty of five percent (5%) of the total utility bill for late payment. June 2010 City of Dubuque 13-2C-1 13-2C-2 SECTION: 13-2C-1: 13-2C-2: 13-2C-3: 13-2C-4: 13-2C-5: 13-2C-6: CHAPTER 2 SEWERS AND SEWAGE DISPOSAL ARTICLE C. RATES Purpose Definitions Rates Established Areas Not Served By Public System Lien For Failure To Pay Cost Of Collection 13-2C-1: PURPOSE: It is hereby determined and declared to be necessary 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: follows: CONTRIBUTOR: DEFINITIONS: The following words and terms, as used in this article, shall be deemed to mean and be construed as SEWAGE SERVICE CHARGE: 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. 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 November 2010 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 treatment 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 identified 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: 1. Rate per each one hundred (100) cubic feet shall be two dollars sixty three cents ($2.63). 2. Rate per each gallon shall be $0.00352. (Ord. 32-10, 6-21-2010, eff. 7-1-2010) C. Service Charge: 1. When a parcel of real estate, property or building discharging sanitary sewage, industrial wastes, water or other approved waste, November 2010 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 November 2010 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 Tight 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 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 $ 5.26 200 1,496 3/4 13.15 500 3,740 1 or larger 21.04 800 5,984 (Ord. 32-10, 6-21-2010, eff. 7-1-2010) 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 constructed in areas not now served by a sanitary sewer system, contribu- tors 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) November 2010 City of Dubuque 13-4-5 13-4-5 13-4-5: SFU RATE, CHARGES; UTILITY REVENUES: A. Square Feet Equivalency: For purposes of this chapter, an SFU shall be equivalent to two thousand nine hundred seventeen (2,917) square feet of impervious property. B. Monthly Service Charge: Except as provided in this chapter, every contributor owning or occupying a single-family residential property, multi -family residential property, or a nonresidential property, other than exempt property, shall pay to the city, at the same time payment is made for water service, sanitary sewer or refuse, a stormwater management charge to be determined and billed as provided in this chapter. In the event the owner and the occupant of a particular property are not the same, the liability for payment of the stormwater management charge attributable to that property shall be joint and several as to the owner and occupant. The stormwater management charge shall be a monthly service charge and shall be determined by this chapter and the SFU rate which is established in this chapter and from time to time adjusted as provided in this chapter. C. Application And Computation: The stormwater management charges provided in sections 13-4-6 through 13-4-8 of this chapter shall be applied and computed for each contributor during the customary billing periods as to all bills mailed by the finance director -city treasurer, and such charges shall thereafter be paid and collected as provided in this chapter. (2007 Code § 44-274) D. Rates Established: The SFU rate to be applied to residential and nonresidential properties shall be as follows: Time Period Rate Per SFU July 1, 2008 through June 30, 2010 July 1, 2010 through June 30, 2011 July 1, 2011 through June 30, 2012 July 1, 2012 through June 30, 2013 July 1, 2013 through June 30, 2014 July 1, 2014 through June 30, 2033 (Ord. 16-09, 3-9-2009) $4.00 5.25 5.60 6.85 6.90 7.00 E. Authority To Adjust Rate: If at any time the director determines that the SFU rate and/or the budget for the stormwater management City of Dubuque 13-4-5 13-4-6 utility system requires adjustment, the director shall report such determination to the city manager and city council. The city council may at any time adjust the SFU rate by adoption of an ordinance amending this section, and may at any time adjust the budget for the stormwater management utility system by adoption of an appropriate resolution. F. Policy On Expenditure Of Revenues: The city council hereby establishes a formal policy regarding the expenditure of stormwater management utility revenues as follows: 1. The city manager shall develop and implement a cost accounting system, capable of accurately recording and segregating charges to the system by all departments of the city, to include the cost of personnel, machinery, contract equipment and construction, supplies, depreciation, and any and all miscellaneous expenses and purchases. 2. No revenues generated by the stormwater utility user fee shall be used for any purpose other than stormwater expenses. (2007 Code § 44-274) 13-4-6: SINGLE-FAMILY RESIDENTIAL PROPERTY: A. Percentage Of SFU Rate: The stormwater management charge for a single-family residential property shall be the following percentage of the SFU rate: Impervious Area Of Property (Square Feet) SFU Rate 1,471 or less 50 percent 1,472 to 4,374 100 percent 4,375 or more 150 percent B. Commencement Of Charge: As to a new single-family residence, the stormwater management charge attributable to that residence shall commence upon the earlier of the following: 1. The issuance of a permanent water meter. City of Dubuque TITLE 14 BUILDING AND DEVELOPMENT Subject Chapter Building Codes 1 Building Code And Regulations 1A Residential Code 1B Energy Conservation Code 1C Electrical Code 1D Fire Code And Regulations 1E Mechanical Code 1F Fuel Gas Code 1G Plumbing Code 1H Accessibility Code For Readily Achievable Changes 11 Building Construction, Demolition And Moving 2 Dangerous Buildings 3 Licensing Of Vacant And/Or Abandoned Buildings 4 Historic Buildings 5 Historic Preservation (Rep. by Ord. 52-09, 10-19-2009) 6 Condominium Conversions And Transfers To Multiple Housing Cooperative 7 Exterior Storage Containers And Storage Trailers 8 Swimming Pools 9 Signs (Rep. by Ord. 52-09, 10-19-2009) 10 Flood Areas 11 Erosion And Sediment Control 12 June 2010 City of Dubuque 14-1A-1 14-1A-2 CHAPTER 1 BUILDING CODES ARTICLE A. BUILDING CODE AND REGULATIONS SECTION: 14-1A-1: 14-1A-2: 14-1 A-3: 14-1A-4: International Building Code Adopted International Building Code Amendments Permit Issuance Prohibited During Consideration Of Zoning Reclassification Or Zoning Or Subdivision Text Amendments Demolition Permits In Conservation Districts 14-1A-1: INTERNATIONAL BUILDING CODE ADOPTED: Except as hereinafter added to, deleted, modified, or amended, there is hereby adopted by reference as the building code of the city that certain building code known as the international building code, 2009 edition, and as published by the International Code Council, Inc., and the provisions of such building code shall be controlling in the construction of buildings and other structures and in all matters covered by such building code within the corporate limits of the city and shall be known as the "Dubuque building code". A copy of the international building code, 2009 edition, as adopted, shall be on file in the office of the city clerk for public inspection. (Ord. 41-10, 7-19-2010) 14-1A-2: INTERNATIONAL BUILDING CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the international building code, 2009 edition, adopted in section 14-1A-1 of this article read as follows: Sec. 101.2. Scope. The provisions of this code shall apply to the construction, alteration, moving, demolition, repair, maintenance and use of any building or structure within this jurisdiction, except work located primarily in a public way, public utility towers and poles, mechanical equipment not November 2010 City of Dubuque 14-1A-2 14-1A-2 specifically regulated in this code, and hydraulic flood control structures. For additions, alterations, moving and maintenance of buildings and structures, see chapter 34 of the international building code. For temporary buildings and structures, see section 3103 of the international building code. Historic Buildings. Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation, continued use or change of use of a historic building may be made in compliance with the provisions of the 1997 edition of the uniform code for building conservation (UCBC) or title 14, chapter 5 of the city of Dubuque code of ordinances. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Wherever in this code reference is made to the appendix, the provi- sions in the appendix shall not apply unless specifically adopted. Sec. 101.4.4. Property Maintenance. The provisions of the international property maintenance code, excluding appendix A, shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life, and fire safety hazards; responsibilities of owners, operators, and occupants; and occupancy of existing premises and structures. Sec. 105.5. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is completed within one year after its issuance, unless the building is part of a project which, because of its complexity or proportions, will require more time, in which instance the building official may grant permits for the project in phases. The building official is authorized to grant, in writing and for justifiable cause, a renewal of a permit for two (2) successive periods of ninety (90) days, for a period not to exceed one -hundred eighty (180) days; provided, that a fee is paid for each renewal as set by the city manager. November 2010 City of Dubuque 14-1A-4 14-1A-4 3. At its next regular meeting following receipt of the recommenda- tion of the commission by the city clerk, the city council shall approve or deny the request. (2007 Code § 11-4) H. Demolition By Neglect Prohibited: The owner of a building or struc- ture in any conservation district shall preserve and keep in good repair all of the exterior portions of such buildings and structures and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior portion. This shall be in addition to all other provisions of law requiring property and improvements to be kept in good repair. The owner shall repair the building or structure to correct any of the following defects as determined by the city's building official: 1. Parts which are improperly or inadequately attached so that they may fall and injure persons or property; 2. A deteriorated or inadequate foundation; 3. Defective or deteriorated floor supports or floor supports that are insufficient to carry the loads imposed; 4. Walls, partitions, or other vertical supports that split, lean, list, or buckle due to defect or deterioration or are insufficient to carry the load imposed; 5. Ceilings, roofs, ceiling or roof supports, or other horizontal members which sag, split, or buckle, due to defect or deterioration or are insufficient to support the load imposed; 6. Fireplaces and chimneys which list, bulge, or settle due to defect or deterioration or are of insufficient size or strength to carry the loads imposed; 7. Deteriorated, crumbling, or loose exterior stucco or mortar; 8. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows and doors; 9. Defective or lack of weather protection for exterior wall coverings, foundations, or floors, including broken windows and doors; 10. Any default, defect, or condition in the structure which renders it structurally unsafe or not properly watertight; October 2009 City of Dubuque 14-1A-4 14-1A-4 11. Deterioration of any exterior feature so as to create a hazardous condition which could make demolition necessary for the public safety; 12. Deterioration or removal after the effective date hereof of any unique architectural feature which would detract from the original architectural style; 13. Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, wall facings, and architectural details that cause instability, loss of shape and form, or crumbling; 14. Rotting, holes, and other forms of decay; or 15. Leaving a building or structure open or vulnerable to vandalism, decay by the elements, or animal and/or insect infestation. (Ord. 37-09, 8-3-2009) October 2009 City of Dubuque 14-2-3 14-2-4 4. Every permit for the use of streets or public property shall expire on the last day for which the permit was issued, as described on said permit, and shall be renewed upon the payment of an additional fee to the building department, as established by the city manager. Failure to renew the permit for the use of streets or public property shall be considered as due cause for the city manager to order all barricades or fences removed and the public property returned to public availability and use. D. Suspension Or Revocation: The city manager may, in writing, suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued in error, on the basis of incorrect information supplied, failure to comply with permit conditions, or in violation of any ordinance. (Ord. 21-10, 3-15-2010) 14-2-4: MORATORIUM FOR CONSTRUCTION OR OTHER WORK ON CERTAIN STREETS, AREAS OR FACILITIES: A. Iowa 32 (Southwest Arterial) Corridor: The city manager shall not issue any permit for any new construction or substantial enlarge- ment, alteration, repair or remodeling of any structure, building, or sign in the Iowa 32 (southwest arterial) corridor but not to include demolition, as delineated on drawings on file in the city clerk's office, from the effective date hereof to July 1, 2010, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. B. Bee Branch Creek Restoration Alignment Study Area: The city manager shall not issue any permit for any commercial construction or for any new residential construction, including a new house or new garage, but not including demolition and emergency repairs, without the approval of the city council in the Bee Branch Creek restoration alignment area as shown on the map on file in the office of the city clerk, 50 W. 13th Street, Dubuque, Iowa, during the period from the effective date of ordinance 85-04 through July 1, 2010, except where a vested right to the issuance of such permit accrued prior to December 19, 2003. C. Ethanol Plants, Ethanol Processing Facilities, Biodiesel Plants And Biodiesel Processing Facilities: 1. The city manager shall not issue a permit for any new construction or substantial enlargement, alteration, repair or remodeling of any structure or building for the production of ethanol or biodiesel fuel or June 2010 City of Dubuque 14-2-4 14-2-6 for the processing of ethanol or biodiesel fuel within the city from the effective date hereof to May 1, 2007, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. 2. Any person, firm or corporation aggrieved or adversely affected by the city manager's refusal to issue a permit pursuant to this moratorium shall appeal therefrom to the city council. The city council may direct the city manager to issue a permit where the city council finds that the refusal to issue a permit would deprive the owner of the property of a vested right. (Ord. 21-10, 3-15-2010) 14-2-5: FEES: A. Generally: A fee for each moving permit, demolition permit, or permit for the use of streets or public property shall be paid to the city manager, as established by the city manager. B. Starting Work Prior To Obtaining Permit: Where the moving of a building, the demolition of a building or the use of public property for which a permit is required by this chapter is started prior to obtaining said permit, the fees above specified shall be doubled, but the payment of such double fee shall not relieve any person from fully complying with the requirements of this chapter and the building code in the execution of the work nor from other fees or penalties. (Ord. 21-10, 3-15-2010) 14-2-6: SPECIAL PROVISIONS: A. Transfer Of Permits Prohibited: Each moving permit, demolition permit or permit for use of public property shall not be transferable from one building or building site to another building or building site nor from one person to another. B. Moving Buildings: 1. A building being moved shall follow the route prescribed on the permit by the city manager. The mover shall coordinate the route with the utility companies. 2. A police escort shall be required for all buildings moved from one location to another within the jurisdictional limits of the city, or moved out of or into the jurisdictional limits of the city, utilizing public streets June 2010 City of Dubuque 16-2-3 16-2-3 tional vehicles of the general public as tempo- rary living quarters for recreation or vacation purposes by campers, vacationers, or travelers. REDEVELOPMENT: The act of rehabilitation or demolition of existing buildings and/or land area irrespective of whether a change occurs in land use. RESIDENCE: RESOURCE RECOVERY/ RECYCLING CENTER: A building used, designed, or intended to be used as a home or dwelling place for one or more families. Indoor and outdoor facilities for obtaining useful materials or energy from solid waste or recycled materials. Materials can be reused for their original purpose, packaged and shipped else- where, reprocessed for a different purpose or converted into energy, not to include a biofuels plant or a salvage yard. RESTAURANT, Any business establishment or portion thereof DRIVE-IN/CARRYOUT: where food is prepared for sale for consumption off the premises and/or served in disposable containers or wrappers, including all fast food restaurants equipped with a drive-through service and/or having a carryout service, and not serving beer, wine or alcoholic beverages. RESTAURANT, INDOOR: Any business establishment or portion thereof where food is prepared for sale for consumption on the premises, including all sit down restaurants, where food and beverage are served in nondisposable containers and which may involve carryout service and the serving of beer, wine and alcoholic beverages on the premises of a limited nature as an accessory use to the restaurant, as defined in this section. RETAIL COMMERCIAL: A stand alone building with a large parking lot or a part of a larger commercial center, with a gross floor area of sixty thousand (60,000) square feet or more, including, but not limited to, department store, supermarket, wholesale club operation, discount store, general merchandise retailer, specialized product store City of Dubuque 16-2-3 16-2-3 RETAIL SALES OR SERVICE: (i.e., electronics, building materials or pet supplies), outlet store, general merchandise wholesaler open to the public, warehouse club, and similar uses. Establishments less than sixty thousand (60,000) square feet engaged in selling or renting goods or merchandise to the general public for personal or household consumption and/or services in conjunction or separate to the sale of such goods. Retail sales/service estab- lishments shall not include eating and drinking places, uses defined as adult entertainment, vehicle sales or service, or wholesale, process- ing or manufacturing operations with an acces- sory retail outlet on the premises. RETENTION BASIN: A facility for the temporary storage of storm - water with a permanent water surface. REZONING: An amendment to or change in the official zoning map. RIGHT OF WAY (ROW): An area or strip of land, either public or private, on which an irrevocable rite of passage has been dedicated, recorded, or otherwise legally established for the use of vehicles, utilities and/or pedestrians. City of Dubuque 16-2-3 16-2-3 YARD, REQUIRED: See definition of Setback. YARD, SIDE: YARD, SPECIAL: The area between a principal building and an interior property, and extending between the front yard and rear yard. In the case of double frontage lots, side yards shall extend between the front yards. In the case of corner lots, yards remaining after front yards have been established shall be considered side yards. A required yard other than the required front yard so oriented that neither the terms "side yard" nor "rear yard" clearly apply. In such cases the city planner shall determine, based on topography, location, orientation and pattern of adjacent structures and development which yard requirement is more appropriate. ZONING DISTRICT: A section of the city in which zoning regulations and standards are uniform. ZONING MAP, Map delineating the boundaries of zoning OFFICIAL: districts which, along with the zoning text, is officially adopted by the Dubuque city council and on file in the office of the planning services department. (Ord. 52-09, 10-19-2009; amd. Ord. 48-10, 8-16-2010) City of Dubuque u I 16-5-19-1 16-5-19-2 Printing or publishing. Railroad or public or quasi -public utility, including substation. Resource recovery/recycling center (outdoor/indoor). Restaurant, drive-in or carryout. Sanitary landfill. Service station. Sewage treatment plant. Slaughterhouse or stockyard. Tool, die, or pattern making. Upholstery shop. Vehicle body shop. Vehicle sales or rental. Vehicle service and repair. Vending or game machine sales or service. Warehousing, packaging, distribution or storage facility. Welding services. Wholesale sales or distributor. (Ord. 52-09, 10-19-2009) 16-5-19-2: CONDITIONAL USES: The following conditional uses may be permitted in the HI district, subject to the provisions of section 16-8-5 of this title: Licensed adult day services. Licensed childcare center. Residential use. City of Dubuque 16-5-19-2 16-5-19-6 Retail sales and service. Wind energy conversion system. (Ord. 52-09, 10-19-2009) 16-5-19-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Any use customarily incidental and subordinate to the principal use it serves. Drive -up automated bank teller. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009) 16-5-19-4: TEMPORARY USES: The following uses may be permitted as temporary uses in the HI district in conformance with the provisions of section 16-3-19 of this title: Any use listed as a permitted use within the district. (Ord. 52-09, 10-19-2009) 16-5-19-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-19-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) (see following page) City of Dubuque 16-9-5 16-9-5-2 peculiar to the property is claimed, which is more properly the subject of a variance request; or 2) it is alleged that the provisions themselves as applied to similar properties are unreasonable, which is more properly the subject of a text amendment proposal. In all cases, the burden shall be upon the person(s) seeking reclassification to demonstrate that the requested reclassification is more appropriate than the present classification, in light of the characteristics of the property and the public welfare. C. Furthermore, it is contemplated under this title that the long range planning advisory commission is, in the first instance, the body responsible for the formulation and continuing review of the comprehensive plan, as expressed herein, and this commission shall be charged with the duty of periodically reviewing the policies and provisions of this title in light of its purposes and changing conditions, and proposing on its own initiative such district reclassifications or code amendments as may be deemed appro- priate to secure the public welfare. (Ord. 52-09, 10-19-2009) 16-9-5-1: APPLICATION REQUIREMENTS: A. Any person may request a reclassification of property to another district, regardless of such person's interest in the property, by submitting a completed zoning reclassification application together with the required fee, to the planning services department. B. The applicant may submit a written request to withdraw the reclassi- fication application at any time prior to final action by the city council. (Ord. 52-09, 10-19-2009) 16-9-5-2: ZONING ADVISORY COMMISSION ACTION: A. The zoning advisory commission shall consider a reclassification request at a public hearing. Following the public hearing, the zoning advisory commission shall act to recommend approval or denial of the request or table the request. B. The affirmative vote of at least four (4) commission members shall be required to constitute a recommendation of approval of a zoning reclassification request, and any lesser number of affirmative votes shall constitute a recommendation of denial of the request. The recommendation of the commission shall forthwith be transmitted to the city clerk. (Ord. 52-09, 10-19-2009) City of Dubuque 16-9-5-3 16-9-5-3: CITY COUNCIL ACTION: 16-9-6-2 A. Following receipt of any recommendation of the commission, the city clerk shall cause a notice to be published of the date, time and place for the city council to hold a public hearing on the requested reclassification. B. Following the public hearing, the council shall act to adopt, table or reject the reclassification request. In cases where the commission has recommended disapproval of the reclassification, the vote of at least three-fourths (3/4) of the council shall be required to enact the reclassification. C. Furthermore, in case of a written protest against the reclassification request which is filed with the city clerk and signed by the owners of twenty percent (20%) or more of the area of the lots included in the request, or by the owners of twenty percent (20%) or more of the property which is located within two hundred feet (200') of the exterior boundaries of the property being considered for reclassifi- cation, such request shall not be enacted except by the favorable vote of at least three-fourths (3/4) of the council. Property owned by the city or located in the public right of way shall not be considered in the above calculation of twenty percent (20%) area of property ownership. (Ord. 52-09, 10-19-2009) 16-9-6: TEXT AMENDMENT PROCEDURE: 16-9-6-1: TEXT AMENDMENT: Text amendments are intended for wholesale changes to the zoning regulations, as a means for the city to respond to changing conditions and emerging trends in the community. Text amendments are not property specific. (Ord. 52-09, 10-19-2009) 16-9-6-2: APPLICATION REQUIREMENTS: A. Any person may propose amendments to the provisions of this title by delivering a copy of the proposed amendment to the planning services department. The applicant may submit a written request to withdraw the text amendment application at any time prior to final action by the city council. City of Dubuque 16-10-11 16-10-11 intersection with Emmett Street; thence easterly along Emmett Street to its intersection with Bluff Street; thence southerly along Bluff Street to its intersection with 1st Street; thence easterly along 1st Street to its intersection with the alley between Bluff and Locust Streets; thence northerly along the alley between Bluff and Locust Streets to its intersection with West 5th Street; thence easterly along West 5th Street to its intersection with Locust Street; thence northerly along Locust Street to its intersection with 7th Street; thence westerly along 7th Street to its intersection with Bluff Street which is the point of beginning. 2. Fenelon Place Neighborhood Conservation District: Beginning at the intersection of West 5th and Burch Streets, thence southerly along Burch Street to its intersection with West 3rd Street; thence easterly along West 3rd Street to its intersection with the southerly extension of Raymond Street; thence northerly along Raymond Street and its southerly and northerly extensions to its intersection with West 5th Street; thence westerly along West 5th Street to its intersection with Burch Street which is the point of beginning. 3. 3rd Street Neighborhood Conservation District: Beginning at the intersection of West 3rd and Hill Streets thence southwesterly along Hill Street to its intersection with Langworthy Street; thence northwesterly along Langworthy Street to its intersection with Alpine Street; thence northeasterly along Alpine Street to its intersection with West 3rd Street; thence northwesterly along West 3rd Street to its intersection with Nevada Street; thence northeasterly along Nevada Street to its intersection with West 5th Street; thence southeasterly along West 5th Street to its intersection with Alpine Street; thence southerly along Alpine Street to its intersection with Melrose Terrace; thence southeasterly along Melrose Terrace and its southeasterly extension to its intersection with Winona Street; thence southwesterly along Winona Street to its intersection with West 3rd Street; thence southeasterly along West 3rd Street to its intersection with Hill Street which is the point of beginning. 4. Washington Street Neighborhood Conservation District: Beginning at the intersection of 16th and Washington Streets thence westerly along 16th Street to its intersection with Jackson Street; thence northerly along. Jackson Street to its intersection with 18th Street; thence westerly along 18th Street to its intersection with Central Avenue; thence southerly along Central Avenue to its intersection with 14th Street; thence easterly along 14th Street to its intersection with Washington Street; thence northerly along Washington Street to its intersection with 16th Street which is the point of beginning. City of Dubuque 16-10-11 16-10-11 5. Jackson Park Neighborhood Conservation District: Beginning at the intersection of 14th Street and Central Avenue thence westerly along 14th Street to its intersection with Iowa Street; thence southerly along Iowa Street to its intersection with 10th Street; thence westerly along 10th Street to its intersection with Bluff Street; thence northerly along Bluff Street to its intersection with Locust Street; thence northwesterly along Locust Street to its intersection with Ellis Street; thence northerly along Ellis Street and its northerly extension to its intersection with Clarke Drive; thence northwesterly along Clarke Drive to its intersection with Paul Street; thence northeasterly along Paul Street to its intersection with Lowell Street; thence southeasterly along Lowell Street to its intersection with North Main Street; thence southerly along North Main Street to its intersection with Clarke Drive; thence southeasterly along Clarke Drive and its southeasterly extension to its intersection with Central Avenue; thence southerly along Central Avenue to its intersection with 14th Street which is the point of beginning. 6. West 11th Street Neighborhood Conservation District: Beginning at the intersection of 9th and Bluff Streets thence westerly along 9th Street to its intersection with University Avenue; thence westerly along University Avenue to its intersection with Spruce Street; thence northerly along Spruce Street to its intersection with West 11th Street; thence westerly along West 11th Street to its intersection with Walnut Street; thence northerly along Walnut Street to its intersection with Loras Boulevard; thence westerly along Loras Boulevard to its intersection with Cox Street; thence northerly along Cox Street to its intersection with the westerly extension of West 16th Street; thence easterly along West 16th Street and its westerly extension to its intersection with Montrose Terrace; thence northerly along the northeasterly extension of Montrose Terrace to its intersection with West Locust Street; thence southeasterly along West Locust Street to its intersection with Bluff Street; thence southerly along Bluff Street to its intersection with 9th Street which is the point of beginning. 7. Broadway Street Neighborhood Conservation District: Beginning at the intersection of West 23rd Street and Central Avenue thence westerly along West 23rd Street to its intersection with Lewis Street; thence northwesterly along Lewis Street to its intersection with Fulton Street; thence northerly along Fulton Street to its intersection with King Street; thence easterly along King Street and its easterly extension to its intersection with Central Avenue; thence southerly along Central Avenue to its intersection with West 23rd Street which is the point of beginning. City of Dubuque 16-11-1 16-11-1 CHAPTER 11 LAND SUBDIVISION SECTION: 16-11- 1: Purpose And Intent 16-11- 2: Applicability 16-11- 3: Recording Of Subdivision Plats 16-11- 4: Exception Of Specific Subdivision Requirements 16-11- 5: Application Fee For Subdivision Plat Review Required 16-11- 6: Subdivisions Classified 16-11- 7: Application Requirements And Review Process 16-11- 8: Subdivision Design Standards 16-11- 9: Recreational Open Space 16-11- 9-1: Computation Of Recreational Open Space Required 16-11- 9-2: Responsibility For Site Preparation 16-11- 9-3: Ownership And Management 16-11-10: Sustainable Subdivision Development Tools 16-11-11: Conservation Subdivision 16-11-11-1: Conservation Subdivision Design Criteria 16-11-11-2: Conservation Subdivision Development Bonus 16-11-12: Solar Subdivision 16-11-13: Cottage Design Subdivision 16-11-14: Blocks And Lots 16-11-15: Streets 16-11-16: Sidewalks 16-11-17: Bikeways 16-11-18: Utility Location 16-11-19: Street Trees 16-11-20: Water Supply 16-11-21: Sanitary Sewer 16-11-22: Stormwater, Grading And Erosion Control 16-11-23: Obligation To Install Improvements 16-11-24: Improvement Guarantees 16-11-1: PURPOSE AND INTENT: A. The purpose of these regulations is to protect the public health, safety and general welfare. These regulations are intended to City of Dubuque 16-11-1 16-11-2 facilitate and to coordinate the subdivision of land within the city; to establish a consistent policy for plats submitted to the zoning advisory commission and the city council; and to enable the commis- sion and city council to ascertain whether such plats conform to the applicable statutes and ordinances. B. The intent of these regulations is as follows: 1. To guide the future growth and development of the community consistent with the city of Dubuque's adopted comprehensive plan. 2. To help identify those areas appropriate for development and those areas appropriate for conservation. 3. To preserve open space and environmentally sensitive areas such as wildlife habitat, riparian/wetland areas, by concentrating development, where feasible. 4. To provide open space areas for passive and/or active recrea- tional use. 5. To provide for a diversity of lot sizes, housing choices and build- ing densities. 6. To provide buffering between residential development and non- residential uses. 7. To protect environmentally sensitive areas and biological diversity, preserve existing trees, and maintain environmental corridors. 8. To preserve significant archaeological sites, historic buildings and their settings. (Ord. 52-09, 10-19-2009) 16-11-2: APPLICABILITY: A. These regulations shall apply to all land to be divided which is within the limits of the city or within two (2) miles of the limits of the city as allowed by state law. B. These regulations shall not apply to plats vacating public right of way or disposal of excess right of way per Iowa Code section 306.23. (Ord. 52-09, 10-19-2009) City of Dubuque 16-13-2 16-13-2 1. Urban Renewal Districts: These districts have planning and other criteria that may take precedence over the site design standards set forth herein. 2. Port Of Dubuque Design Standards: This area has design standards that may take precedence over the site design standards set forth herein. 3. Planned Unit Development (PUD) Districts: These districts may have site development and performance standards that may take precedence over the site design standards set forth herein. 4. Historic Districts: Historic districts, as regulated by chapter 10 of this title, have design guidelines that may take precedence over the site design standards set forth herein. 5. Old Town Neighborhood Overlay District: This overlay district has design guidelines that may take precedence over the site design standards set forth herein. 6. Downtown Design Guidelines: These guidelines apply to the designated downtown area in accordance with city policy, and may take precedence over the site design standards set forth herein. D. Waiver From Site Design Standards: The zoning advisory commission shall have the power to grant such waivers from the site design standards of this chapter, as may be reasonable and within the general purpose and intent of the site plan review and approval provisions of this chapter if the literal enforcement of one or more provisions of this chapter is impracticable or will exact an undue hardship because of peculiar conditions pertaining to the land in question. The affirmative vote of at least four (4) commissioners shall be necessary to grant a waiver. The waiver may be granted subject to such conditions as the commission may establish to ensure the general purpose and intent of the provisions of this chapter are followed. At the commission meeting, the applicant and all other interested parties shall be presented a reasonable opportunity to present their views. Decisions of the zoning advisory commission may be appealed to the zoning board of adjustment in the same manner as appeals from a decision of an administrative officer. (Ord. 52-09, 10-19-2009) City of Dubuque 16-13-3 16-13-3: SITE DEVELOPMENT REQUIREMENTS: 16-13-3-1: SITE LIGHTING: 16-13-3-2 A. The following site features shall be illuminated by an exterior light source: 1. Driveways and loading facilities; and 2. Pedestrian walkway surfaces and entrances to buildings. B. The location and design of site lighting shall conform to the following: 1. All exterior lighting shall be designed, installed and maintained so as not to cause glare or to shine in adjacent lots and streets; 2. No light sources shall provide illumination onto adjacent lots, buildings or streets in excess of one foot-candle; 3. All exterior lighting luminaries shall be designed and installed to shield light from the luminaire at angles above seventy two degrees (72°) from vertical; 4. Fixtures mounted on a building shall not be positioned higher than the roofline of the building; 5. Wooden utility type poles are acceptable only for temporary use during construction; and 6. All electrical service lines to posts and fixtures shall be installed underground and concealed inside the posts. (Ord. 52-09, 10-19-2009) 16-13-3-2: UTILITY LOCATIONS: Service lines and mechanical equipment for utilities shall be located in accordance with the following requirements: A. Service Lines: All electrical, telephone, cable, and other similar utility lines serving the building and other site features shall be located underground. City of Dubuque 16-13-3-2 16-13-3-3 B. Mechanical Equipment: All roof mounted and ground mounted electrical transformers, switching gears, relay boxes, meters, air conditioning units, heat pumps and other similar mechanical equipment shall be screened from view to the height of the equipment. Roof mounted mechanical equipment shall be screened in such a manner that it will appear to be an integral part of the building's overall architectural design. (Ord. 52-09, 10-19-2009) 16-13-3-3: STORMWATER MANAGEMENT: Stormwater management systems shall be designed in accordance with the require- ments of title 14, chapter 12 of this code, as amended. The site, including parking lots, shall be developed using two (2) or more of the following low impact development tools or other best management practices approved by the city engineer: A. Reduced Lot Grading: Ground slope reduction outside the immediate perimeter of a building (where foundation drainage is not a concern) to promote stormwater infiltration or filtration. B. Check Dams: Where narrow areas and/or excessive grades force the construction of less than ideal steep swales, rock check dams can be added to slow flows, minimize erosion, and improve infiltration or filtration. C. French Drains And Soak Away Pits: Rock filled trenches that promote rapid infiltration or filtration. D. Green Roofs: Vegetated roofs that reduce runoff, improve energy efficiency, and create a green amenity. E. Microbasins: Small depressions to create longer flow paths or localized depressions to encourage longer standing water periods and infiltration or filtration. F. Permeable Pavements: Open graded, permeable asphalt pavement; open cell unit pavers; and porous concrete — typically used in parking lots and low traffic areas — to provide storage space and another infiltration or filtration route for stormwater. G. Rainwater Harvesting Systems: Cisterns and rain barrels that harvest water from roof drains and downspouts for landscape watering and nonpotable uses. City of Dubuque 16-13-3-3 16-13-3-3 H. Sidewalks And Drives Sloped Toward Open Space: A tool to provide water for site vegetation, which slows surface water flow, improving infiltration. This technique eliminates the need for curbs, gutters, and catch basins, and the open space slows the transport of untreated water and associated pollutants while reducing construction costs. Bioswales: Vegetated swales with amended soil backfill and under - drains to improve infiltration or filtration. J. Native Plantings: Use of native plants to reduce the need for irrigation and reduce runoff. Native plants also slow runoff and improve infiltration or filtration with their deep, fibrous root systems. K. Open Water Features: To reduce runoff through evapotranspiration, improve habitats, and create attractive community amenities. L. Rain Gardens: Landscape depressions filled with amended, permeable soil and native, deep rooted, moisture tolerant plants to promote infiltration or filtration. M. Swales: Serpentine, vegetated drainageways that convey water slowly and improve infiltration or filtration. N. Trees And Other Plantings: Landscaping to intercept rainfall, reduce erosion, improve infiltration or filtration, slow runoff, and reduce peak flows. O. Tree Filters: Systems that divert a portion of parking lot stormwater from gutters into tree planters, where water infiltrates amended soils and surrounds plant roots. P. Vegetative Buffers: Bands of native plantings that intercept runoff from developed areas before it reaches detention basins or natural watercourses (for pretreatment). City of Dubuque 16-13-3-4 16-13-3-5 16-13-3-4: PARKING STRUCTURES: Parking decks and ramps shall be designed in compliance with these design standards in order to appear compatible with and similar to other nonresidential buildings: A. The ground floor facade abutting any public street or sidewalk shall be designed and architecturally detailed to resemble a commercial or office building. B. Where possible, the ground floor abutting a public street or sidewalk should include commercial or office uses. C. The design of upper floors shall ensure that sloped floors do not dominate the appearance of the facade. D. Windows or openings shall be provided that mimic those of nearby buildings. (Ord. 52-09, 10-19-2009) 16-13-3-5: PARKING LOT LAYOUT: A. All parking lots and driveways shall be hard surfaced. Parking on gravel, dirt or unreinforced turf is prohibited. B. Parking lot edges and planting islands may be defined by concrete curb and gutter and/or incorporate approved biofiltration methods. Parking spaces shall be defined with painted striping or other approved methods. C. Off street parking shall be located to the rear and/or side of buildings, when practical. When parking or parking access must be located in the front yard, a landscaped buffer shall be provided. D. Parking bays in excess of eleven (11) spaces in length shall provide landscaping at the ends of each aisle in accordance with subsection 16-13-4-6C of this chapter. Parking bays in excess of twenty (20) spaces in length shall be divided by intermediate landscaped islands, and provide landscaping at the ends of each aisle. E. Where perpendicular parking spaces are used, the space adjacent to the closed end of an aisle shall be a minimum of ten feet (10') wide. F An adequate driveway throat length shall be provided to minimize traffic conflicts; the driveway throat length shall be the distance between the street and the parking lot served by a driveway. Parking spaces shall not be permitted within the driveway throat. Driveway May 2011 City of Dubuque 16-13-3-5 16-13-3-5-2 throat lengths for commercial and industrial uses shall be determined by the city engineer. G. Parking spaces shall be provided and located as required by the ADA standards for accessibility. H. Parking lots which will be developed in phases require a phasing plan to identify all current and future parking lot requirements. Parking areas should be constructed incrementally to match land use build out schedules. (Ord. 52-09, 10-19-2009) 16-13-3-5-1: PARKING LOT PROVISIONS FOR BICYCLE PARKING: A. Bicycle parking shall be required in accordance with section 16-14-9 of this title. (Ord. 52-09, 10-19-2009) B. Bicycle parking spaces shall be at least as close as the closest automobile space, except for accessible parking spaces, or as near a regularly used building entrance as possible without interfering with pedestrian traffic. (Ord. 60-10, 11-15-2010) C. Bicycle parking areas shall provide a minimum clearance between parked bicycles and adjacent walls, poles, landscaping, and pedestrian walkways of at least three feet (3'), and a minimum clearance between parked bicycles and vehicle parking spaces and drive aisles of at least five feet (5'). (Ord. 52-09, 10-19-2009) 16-13-3-5-2: PARKING LOT LIGHTING: The location and design of parking lot lighting shall conform to the following: A. All surface parking lot lighting shall be designed, installed and maintained so that no light sources shall provide illumination onto adjacent lots, buildings or streets in excess of one foot-candle; B. All exterior lighting luminaries shall be designed and installed to shield Tight from the luminaire at angles above seventy two degrees (72°) from vertical; C. Fixtures mounted on a building shall not be positioned higher than the roofline of the building; D. Wooden utility type poles are acceptable only for temporary use during construction; and May 2011 City of Dubuque -B- -B- BICYCLES (cont.) Bicycle Dealers And Repair Shops 7-7-37 Bicycle In Crosswalk 7-7-18 Bicycle Not To Pass In Or Between Lanes 7-7-16 Bicycle Parking 7-7-10 Bicycle Records 7-7-32 Bicycle To Be Driven To The Right 7-7-11 Bicycle Turn Signals 7-7-12 Bicycles; Motor Vehicles And Traffic 9-1-321.2C Clinging To Vehicles 7-7-8 Definitions 7-7-5 Equipment 7-7-6 Following Fire Apparatus 7-7-9 Intent And Purpose 7-7-1 Left Turns By Bicycles 7-7-13 Passing On Right 7-7-14 Passing Within Lane Prohibited 7-7-15 Reckless Operator Of A Bicycle 7-7-20 Registration Fees 7-7-31 Registration Required 7-7-30 Registration Sticker Or Decal 7-7-33 Rental Agencies 7-7-36 Replacement Of Registration Sticker Or Decal 7-7-34 Required Method Of Riding A Bicycle 7-7-7 Riding Abreast 7-7-17 Violation 7-7-38 BOARD OF LIBRARY TRUSTEES Annual Reports 2-7-7 Charge Of Building, Donations 2-7-6 Compensation 2-7-3 Composition 2-7-1 Eligibility For Membership 2-7-2 Powers And Duties Generally 2-7-5 Terms Of Members; Filling Of Vacancies 2-7-4 BOARDS AND COMMISSIONS Airport Commission 12-1 Airport Zoning Board Of Adjustment 12-3-3 Airport Zoning Commission 12-1-3 Arts And Cultural Affairs Advisory Commission 2-8 Board Of Library Trustees 2-7 Cable Regulatory Commission 11-3C Civic Center Advisory Commission 2-4 Civil Service Commission 2-2 Community Tele -Programming Commission 11-3B Enterprise Zone Commission 3-4B Environmental Stewardship Advisory Commission 2-6 City of Dubuque -B- -B- BOARDS AND COMMISSIONS (cont.) Hearings And Appeals 2-1 Historic Preservation Commission 16-10 Housing Agency And Community Development Commissions 2-5 Community Development Advisory Commission 2-5C Housing Commission 2-5B Trust Fund Advisory Committee 2-5D Housing Code Appeals Board 6-6-8 Human Rights Commission 8-2 Investment Oversight Advisory Commission 2-3 Long Range Planning Advisory Commission 15-2 Park And Recreation Advisory Commission 10-5A-2 Transit Advisory Board 5-1 Zoning Advisory Commission 16-9 Zoning Board Of Adjustment 16-8 BOATS, BOATING AND WATERFRONT STRUCTURES Activities Prohibited 10-7-13 Boat Landing Areas 10-7-4 Conducting Trade Or Business In Pleasure Craft Spaces 10-7-7 Definitions 10-7-2 Driving Over Ice 10-7-14 Floats, Boathouses Maintained In Orderly Condition 10-7-6 Intent 10-7-1 Launching, Removing Boat From Water At Public Launching Ramps 10-7-8 Mooring Of Boathouses And Floats Along Waterfront 10-7-5 No Parking Areas 10-7-12 Removal Of Sunken, Derelict Or Abandoned Craft 10-7-11 Repairs To Boats At Public Launching Ramps 10-7-9 Unlawful Deposits 10-7-3 Water Operation Rules 10-7-10 BUILDING AND DEVELOPMENT Building Codes 14-1 Accessibility Code For Readily Achievable Changes 14-11 Building Code And Regulations 14-1A Electrical Code 14-1D Energy Conservation Code 14-1C Fire Code And Regulations 14-1 E Fuel Gas Code 14-1G Mechanical Code 14-1 F Plumbing Code 14-1H Residential Code 14-1B Building Construction, Demolition And Moving 14-2 Condominium Conversions And Transfers To Multiple Housing Cooperative 14-7 City of Dubuque -B- -B- BUILDING AND DEVELOPMENT (cont) Dangerous Buildings 14-3 Erosion And Sediment Control 14-12 Exterior Storage Containers And Storage Trailers 14-8 Flood Areas 14-11 Historic Buildings 14-5 Historic Preservation 16-10 Licensing Of Vacant And/Or Abandoned Buildings Definitions 14-4-1 Fees 14-4-4 Inspections 14-4-6 Registration 14-4-3 Relationship Of License To Other Codes 14-4-10 Renewal Licenses 14-4-7 Renewal, Penalty For Failure To Renew License 14-4-8 Revocation, Reinstatement Measures 14-4-9 Terms Of Licenses 14-4-5 Vacant And/Or Abandoned Building License 14-4-2 Signs 16-15 Swimming Pools 14-9 BUILDING CODE AND REGULATIONS Demolition Permits In Conservation Districts 14-1A-4 International Building Code Adopted 14-1A-1 International Building Code Amendments 14-1A-2 Permit Issuance Prohibited During Consideration Of Zoning Reclassification Or Zoning Or Subdivision Text Amendments 14-1A-3 BUILDING CONSTRUCTION, DEMOLITION AND MOVING Application For Permit 14-2-2 Fees 14-2-5 Insurance Requirements 14-2-7 Moratorium For Construction Or Other Work On Certain Streets, Areas Or Facilities 14-2-4 Permit Issuance; Generally 14-2-3 Permit Required 14-2-1 Special Provisions 14-2-6 Special Requirements 14-2-8 BURNING RESTRICTIONS 6-9-2 BUSINESS AND LICENSE REGULATIONS Adult Entertainment Establishments 4-8 Business Licenses Generally 4-1 Central Market 4-4 Door To Door Sales 4-5 Excursion Boat Admission Fees 4-3 Junk And Secondhand Dealers And Pawnbrokers 4-6 City of Dubuque -B- -C- BUSINESS AND LICENSE REGULATIONS (cont.) Liquor Control 4-2 Alcoholic Beverages 4-2A Liquor, Beer And Wine Licenses And Permits 4-2B Peddlers And Transient Merchants 4-9 Vehicles For Hire And Public Transportation 4-7 Motorized Vehicles For Hire 4-7B Nonmotorized Vehicles 4-7A BUSINESS LICENSES GENERALLY Application For License 4-1-2 Effect Of Chapter 4-1-9 Issuance Of License 4-1-3 License Required 4-1-1 License Suspension Or Revocation 4-1-8 Proration Of License Fee 4-1-5 Record Of Licenses 4-1-4 Refund Of Fee Prohibited; Exception 4-1-6 Transferability; Changes In Location 4-1-7 C CABLE RIGHT OF WAY REGULATIONS Administration 11-2-16 Audits 11-2-17 Authority 11-2-6 Authorization Required 11-2-8 Bond Or Letter Of Credit 11-2-19 Business License 11-2-14 Cable Communications Construction Standards 11-2A-8 Consumer Protection 11-2A-11 Definitions 11-2A-6 Delegation Of Powers 11-2A-5 Franchise Fee 11-2A-13 Further Findings And Purpose 11-2A-2 Goals 11-2A-3 Grant Of Franchise 11-2A-7 Insurance 11-2A-15 Intent 11-2A-4 Interference With Public Projects 11-2A-10 Performance Guarantees And Penalties 11-2A-17 Rate Regulation 11-2A-12 Recourse Against City Limited 11-2A-20 Reports And Records; Cable 11-2A-16 City of Dubuque -H- -H- HOTEL AND MOTEL TAX Definitions 3-3-1 Levy 3-3-2 Payment 3-3-3 HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMISSION 2-5 Community Development Advisory Commission Commission Created; Composition 2-5C-1 General Duties And Responsibilities 2-5C-4 Grievance Procedure; Review Standards; Appeal Process 2-5C-5 Organization 2-5C-3 Procedures For Operations 2-5C-6 Term; Filling Of Vacancies; Compensation 2-5C-2 Housing Commission Commission Created 2-5B-1 Compensation 2-5B-5 Internal Organization And Rules 2-5B-6 Meetings 2-5B-4 Membership; Vacancies; Qualifications 2-5B-3 Procedures For Operations 2-5B-7 Purpose; Approval Of Proposals 2-5B-2 Trust Fund Advisory Committee Committee Established; Membership; Functions 2-5D-6 Financial Management 2-5D-3 Funding 2-5D-5 Iowa Finance Authority State Housing Trust Fund Program 2-5D-7 Purpose 2-5D-2 Trust Fund Administration 2-5D-4 Trust Fund Established 2-5D-1 HOUSING COMMISSION 2-5B HOUSING REGULATIONS Definitions 6-6-2 Enforcement 6-6-3 Enforcement Of Order Of City Manager 6-6-5 Housing Code Appeals Board 6-6-8 Housing Standards 6-6-10 Licenses And Inspections 6-6-7 Notices And Orders 6-6-4 Performance Of Work To Repair Or Demolish; Other Costs 6-6-6 Procedure For Hearing Appeal 6-6-9 Title; Legislative Findings; Purposes; Scope 6-6-1 HUMAN RIGHTS Definitions; General Provisions Definitions 8-1-1 City of Dubuque -H- -H- HUMAN RIGHTS (cont.) Enforcement Of Civil Rights Amendments Of Complaints 8-4-2 Commission Orders 8-4-6 Commission Proceedings Upon Failure To Reach Settlement By Conciliation 8-4-5 Commission Staff Proceedings On Complaints 8-4-4 Filing Complaints 8-4-1 Judicial Review; Enforcement Actions 8-4-9 Provisional Remedies 8-4-8 Release From Administrative Process; Alternative Judicial Proceedings Upon Complaints 8-4-7 Rule Of Construction 8-4-10 Time Limitation For Filing Complaint 8-4-3 Fair Housing Administrative Enforcement; Preliminary Matters 8-5-6 Cooperation With State And Federal Agencies 8-5-14 Definitions 8-5-1 Disclaimer Of Preemptive Effect 8-5-17 Discrimination In Provision Of Brokerage Services 8-5-5 Discrimination In Residential Real Estate Related Transactions 8-5-4 Enforcement By City Attorney's Office 8-5-13 Enforcement By Commission 8-5-9 Enforcement By Private Persons 8-5-12 Exemptions 8-5-3 Interference, Coercion Or Intimidation; Enforcement By Civil Action 8-5-15 Judicial Review 8-5-11 Probable Cause Determination And Effect 8-5-7 Prohibitions 8-5-2 Review By Commission; Service Of Final Order 8-5-10 Subpoenas; Giving Of Evidence 8-5-8 Violations; Bodily Injury; Death; Penalties 8-5-16 Human Rights Commission Appointment; Terms; Filling Of Vacancies 8-2-3 City Policies Applicable To Commission Operations 8-2-13 Compensation 8-2-5 Composition 8-2-2 Confidentiality Of Complaints 8-2-11 Created 8-2-1 Meetings 8-2-8 Officers 8-2-4 Powers And Duties 8-2-12 Quorum 8-2-9 Records To Be Public; Exceptions 8-2-10 City of Dubuque -L - LIQUOR CONTROL (cont.) Investigation Of Applicant And Premises 4-2B-5 License Or Permit Required 4-2B-1 Nature And Scope Of License Or Permit 4-2B-10 Persons Eligible 4-2B-4 Proof Of Financial Responsibility 4-2B-7 Requirement For Premises 4-2B-6 Separate Permits Required For Separate Locations 4-2B-2 Surrender Of Permit Or License; Refund Of Fee 4-2B-12 Suspension And Revocation Generally; Grounds 4-2B-15 Suspension And Revocation; 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-12 Presiding Officer 1-6A-6 City of Dubuque -M- -M- MAYOR AND CITY COUNCIL (cont.) 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 MECHANICAL CODE Fees 14-1 F-3 International Mechanical Code Adopted 14-1 F-1 International Mechanical Code Amendments 14-1 F-2 MEETINGS Arts And Cultural Affairs Advisory Commission 2-8-12 Cable Regulatory Commission 11-3C-4 City Council 1-6A-3 Civil Service Commission 2-4-12 Community Tele -Programming Commission 11-3B-4 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 And Secondhand Dealers And Pawnbrokers, Purchases From Minors Restricted 4-6-6 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 9-4-321.174A 9-4-321.98 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 Permitting Unauthorized Minor To Drive 9-4-321.219 City of Dubuque -M- -M- MOTOR VEHICLES AND TRAFFIC (cont.) Permitting Unauthorized Person To Drive 9-4-321.220 Records Of Rentals 9-4-321.224 Renting Motor Vehicle To Unlicensed Persons 9-4-321.222 Unlawful Use Of License 9-4-321.216 Equipment Brakes, Hitches, And Sway Control Brake Requirements 9-12-321.430 Performance Ability Of Brakes 9-12-321.431 Lighting Equipment Clearance And Identification Lights On Trucks, Trailers, And Semitrailers 9-12-321.392 Headlamps On Motor Vehicles 9-12-321.385 Headlamps On Motorcycles And Motorized Bicycles 9-12-321.386 Illuminating Plates 9-12-321.388 Lamp Or Flag On Projecting Load 9-12-321.394 Lamps On Other Vehicles And Equipment 9-12-321.398 Lamps On Parked Vehicles 9-12-321.395 Mandatory Lighting Equipment 9-12-321.409 Rear Lamps 9-12-321.387 Red Light In Front 9-12-321.422 Required Usage Of Lighting Devices 9-12-321.415 Signal Lamps And Devices 9-12-321.404 Spot Lamps 9-12-321.402 When Lighted Lamps Required 9-12-321.384 Miscellaneous Equipment Child Restraint Devices 9-12-321.446 Horns And Warning Devices 9-12-321.432 Metal Tires Prohibited 9-12-321.441 Mirrors 9-12-321.437 Mufflers, Prevention Of Noise 9-12-321.436 Projections On Wheels 9-12-321.442 Restrictions As To Tire Equipment 9-12-321.440 Safety Belts And Safety Harnesses 9-12-321.445 Sirens And Bells Prohibited 9-12-321.433 Windshield Wipers 9-12-321.439 Windshields And Windows 9-12-321.438 Safety Standards Movement Of Unsafe Or Improperly Equipped Vehicles 9-12-321.381 Sale Of Unsafe Vehicles 9-12-321.381A Upgrade Pulls; Minimum Speed 9-12-321.382 General Provisions Applicability Of Title 9-1-321.2 Definitions 9-1-321.1 City of Dubuque -M- -M- MOTOR VEHICLES AND TRAFFIC (cont.) Impoundment Of Vehicles Generally Intent And Purpose 9-15-321.750 Scofflaw Owner Responsibility 9-15-321.752 Removal And Impoundment 9-15-321.751 Street Storage Definition 9-15-321.761 Exclusion 9-15-321.763 Intent And Purpose 9-15-321.760 Unattended Vehicles 9-15-321.762 Towing And Storage Auction Of Vehicles 9-15-321.772 Notice To Owner 9-15-321.770 Unauthorized Removal Of Vehicle 9-15-321.771 Miscellaneous City Provisions Administration Arrest, Notice To Appear 9-16-321.1000 Authority Of Peace Officers To Stop Vehicles 9-16-321.1002 Records Of Violations 9-16-321.1001 Noise Vehicular Noise 9-16-321.800 Prohibited Activities Moving Vehicle Into Prohibited Area 9-16-321.2000 Operation Of Advertising Vehicles 9-16-321.2002 Repairs 9-16-321.2001 Trucks And/Or Machinery Engine Brakes And Compression Brakes 9-16-321.805 Heavy Vehicles Prohibited On Certain Bridges . . 9-16-321.903 Motor Truck Routes 9-16-321.901 Motor Truck Routes Prohibited On Designated Streets 9-16-321.902 Vehicles With Caterpillar Wheels Or Heavy Lugs Restricted 9-16-321.900 Miscellaneous Rules Cleaning Up Wrecks 9-10-321.371 Coasting 9-10-321.365 Crossing Fire Hose 9-10-321.368 Duty Of Driver Approaching Crest Of Hills, Blind Curves 9-10-321.363A Following Fire Apparatus 9-10-321.367 Obstruction To Driver's View 9-10-321.363 Responsibility When Leaving Motor Vehicle Unattended 9-10-321.362 City of Dubuque OFFENSES (cont.) Procedure For Enforcement 7-5C-4 Service Of Notice 7-5C-6 Specified Crime Property Prohibited 7-5C-2 Drug Paraphernalia Drug Paraphernalia Defined 7-5B-1 Prohibited Acts 7-5B-2 Sniffing Glue Or Other Chemical Substances 7-5B-4 Under The Influence Of Controlled Substance 7-5B-3 General Offenses Advertising Materials; Billposting; Littering 7-5A-5 Aggressive Panhandling Prohibited 7-5A-17 Criminal Mischief 7-5A-12 Defacing Notices 7-5A-6 Disorderly Conduct 7-5A-1 False And Fraudulent Reports 7-5A-3 False Representation Of Records Or Processes 7-5A-4 Hunting And Target Practice Permitted 7-5A-16 Loitering For Illegal Purposes 7-5A-7 Offenses Relating To Officers And Employees 7-5A-2 Professional Boxing Elimination Tournaments 7-5A-13 Public Urination Or Defecation 7-5A-9 Ringing Of Bells Or Gongs 7-5A-8 Tobacco Products To Underage Persons 7-5A-15 Unauthorized Computer Access 7-5A-11 Underage Persons Entering Gambling Facilities 7-5A-14 Weapons, Firearms And Fireworks 7-5A-10 OFFICE ZONING DISTRICTS 16-5-7, 16-5-8, 16-5-9 OFFICERS AND EMPLOYEES, CITY Bonds Of Officers And Employees 1-7-1 City Attorney 1-7-6 City Clerk And Assistant City Clerk 1-7-5 City Manager 1-7-4 Deposits Of City Funds 1-7-2 Finance Director -City Treasurer 1-7-7 Offenses Relating To Officers And Employees 7-5A-2 Transfer Of Records And Property To Successor 1-7-3 OPEN VIDEO SYSTEMS (See Also CABLE RIGHT OF WAY REGULATIONS) 11-2B ORDINANCES AND RESOLUTIONS Effect Of Repeal Of Ordinance 1-6A-2 Ordinances, Resolutions And Motions 1-6A-12 City of Dubuque -P- -P- P PARADES AND ASSEMBLIES Events On Private Property; Permit Requirements 10-4-3 Parade, Assembly, Valet Drop Off Parking, Permit Requirements 10-4-1 Unlawful Assembly 10-4-2 PARKING REGULATIONS 9-14-321.600 — 9-14-321.744 PARKS AND RECREATION Administration Park And Recreation Advisory Commission 10-5A-2 Park Rangers 10-5A-1 Specific Parks Specific Park Areas Described 10-5C-1 Use Regulations Climbing On Fences, Roofs 10-5B-13 Compliance With Motor Vehicle Laws, Ordinances 10-5B-20 Definitions 10-5B-1 Dogs, Cats And Other Domestic Animals 10-5B-4 Fires 10-5B-17 Horsedrawn Vehicles, Riding Of Animals Restricted 10-5B-3 Interfering With Animals 10-5B-7 Intoxicating Beverages 10-5B-2 Loosening Stones From Bluffs Prohibited 10-5B-18 Meetings And Gatherings 10-5B-16 Moving Benches And Tables 10-5B-14 Obstructions 10-5B-9 Open Season And Hours Generally 10-5B-22 Possession Of Firearms, Weapons And Fireworks 10-5B-12 Posting Bills, Notices Or Signs 10-5B-10 Removal Of Unattended Vehicles Left After Closing Hours 10-5B-21 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 (See Also JUNK AND SECONDHAND DEALERS AND PAWNBROKERS) 4-6 PEDDLERS AND TRANSIENT MERCHANTS Application; Investigation Fee 4-9-3 Bond Required 4-9-4 Central Market 4-9-11 Definitions 4-9-1 Fees 4-9-6 City of Dubuque -P- -P- PEDDLERS AND TRANSIENT MERCHANTS (cont.) Issuance Of License 4-9-5 License Required 4-9-2 Misrepresentation 4-9-7 Peddling From Temporary Stands Or Vehicles Restricted 4-9-12 Personal Nature; Transferability 4-9-9 Report To City Clerk Upon Loss Required 4-9-10 Revocation 4-9-8 PEDESTRIANS' RIGHTS AND DUTY 9-8-321.326 — 9-8-321.333 PENALTY, GENERAL (See Also GENERAL PENALTY, CITY CODE) 1-4 PLANNING AND ZONING Comprehensive Plan Community Planning Defined 15-1-3 Comprehensive Plan Defined 15-1-1 Elements Of Comprehensive Plan 15-1-2 Long Range Planning Advisory Commission Commission Created; Composition 15-2-1 Organization; Meetings 15-2-4 Powers 15-2-3 Procedures For Operations 15-2-5 Term Of Office 15-2-2 Unified Development Code Title 16 PLUMBING CODE Backflow Prevention Requirements For Existing Water Services 14-1H-5 New Residential Construction 14-1H-4 Inspection Fees 14-1H-6 International Plumbing Code Adopted 14-1H-1 International Plumbing Code Amendments 14-1H-2 Licensure And Certification 14-1H-3 POLICE DEPARTMENT Fees For Police Department Services 7-1-1 POLICE, FIRE AND PUBLIC SAFETY Alarm System Permits 7-4 Animal Control 7-6 Dangerous Animals 7-6D Dogs And Cats 7-6B Miscellaneous Provisions 7-6A Potentially Vicious Dogs 7-6E Rabies Control 7-6C Bicycles 7-7 Emergency Management 7-3 Fire Department 7-2 City of Dubuque -P- -P- POLICE, FIRE AND PUBLIC SAFETY (cont.) Offenses 7-5 Crime Property 7-5C Drug Paraphernalia 7-5B General Offenses 7-5A Police Department 7-1 PROPERTY TAX Partial Exemption From Property Taxation 3-1-1 PUBLIC UTILITIES Gas Main Connections City Authority To Make Connection 13-3-3 City Authority To Require 13-3-1 Notice To Owners 13-3-2 Time Limit For Completion 13-3-4 Illicit Connections And Discharges To Storm Sewer System Appeal Of Notice Of Violation 13-5-14 Applicability 13-5-2 Cost Of Abatement Of Violation 13-5-16 Definitions 13-5-1 Discharge Prohibitions 13-5-6 Enforcement 13-5-13 Enforcement Measures After Appeal 13-5-15 Industrial Or Construction Activity Discharges 13-5-8 Injunctive Relief 13-5-17 Monitoring Of Discharges 13-5-9 Notification Of Spills 13-5-12 Prevent, Control And Reduce Pollutants By Use Of BM Ps 13-5-10 Remedies Not Exclusive 13-5-19 Responsibility For Administration 13-5-3 Severability 13-5-4 Suspension Of MS4 Access 13-5-7 Ultimate Responsibility 13-5-5 Violations Deemed Public Nuisance 13-5-18 Watercourse Protection 13-5-11 Sewers And Sewage Disposal 13-2 Discharge Regulations 13-2A Industrial Pretreatment Program 13-2D Private Disposal Systems; Private Haulers 13-2B Rates 13-2C Solid Waste 13-6 City Or Private Collection Service 13-6A Stormwater Management 13-4 City of Dubuque -R- -S- RIGHTS OF WAY (cont.) Police Regulations 11-1-17 Regulations 11-1-6 Reimbursement For City Cost Associated With Construction Activities 11-1-9 Relocation Or Removal When Required By Public Needs 11-1-7 Transfers And Assignments 11-1-12 Undergrounding 11-1-14 Use Of Poles 11-1-13 RUNNING AT LARGE, ANIMALS 7-6B-7 S SAFETY BELTS AND SAFETY HARNESSES IN VEHICLES .... 9-12-321.445 SALARIES (See COMPENSATION AND SALARIES) SAVING CLAUSE, CITY CODE Effect Of Repeals 1-2-2 Severability Of Parts Of Code 1-2-1 SEAL, CITY 1-10-4 SECONDHAND DEALERS (See Also JUNK AND SECONDHAND DEALERS AND PAWNBROKERS) 4-6 SEWERS AND SEWAGE DISPOSAL Certain Disposal Methods Prohibited 13-2-2 Conformance With City Plumbing Rules And Regulations 13-2-5 Connection To Public Sewer 13-2-3 Connections Prior To Improving Streets 13-2-4 Construction, Maintenance And Operation Costs 13-2-6 Definitions 13-2-1 Destruction Of Sewage Works Property 13-2-8 Discharge Regulations Authority To Enter Easement Property For Sewage Works Inspection And Repair 13-2A-10 Authority To Enter Properties For Testing Discharges 13-2A-9 Authority To Regulate Discharge Of Harmful Substances 13-2A-4 Discharge Of Harmful Substances 13-2A-3 Discharge Of Objectionable Items 13-2A-2 Discharge Of Stormwater And Other Unpolluted Drainage 13-2A-1 Manholes, Meters And Sampling Equipment 13-2A-7 Responsibilities Of Owners Of Treatment Or Flow Equalizing Facilities 13-2A-6 Special Agreements Authorized 13-2A-5 Testing Standards 13-2A-8 City of Dubuque -s- -S- SEWERS AND SEWAGE DISPOSAL (cont.) Industrial Pretreatment Program Abbreviations 13-2D-3 Accidental Discharge/Slug Control Plan 13-2D-8 Administration; Permit Requirements; Regulations 13-2D-11 Definitions 13-2D-2 Enforcement; Violation Notice; Hearing 13-2D-12 Excessive Discharge 13-2D-7 Federal Categorical Pretreatment Standards 13-2D-5 Fees And Charges 13-2D-10 General Discharge Prohibitions 13-2D-4 Notice Of Potential Problems Including Slug Loadings 13-2D-9 Penalty; Costs 13-2D-13 Purpose And Policy 13-2D-1 Specific Pollutant Limitations 13-2D-6 Notice Of Violation; Time Limit For Correction 13-2-9 Private Disposal Systems; Private Haulers Abandonment Of Private Treatment And Disposal System 13-2B-5 Appeals From Orders Of City Manager 13-2B-7 Connections To Private Treatment And Disposal Systems 13-2B-3 Issuance Of Permit; Inspection; Completion Of Installation 13-2B-2 Permit Required; Application, Form And Fee 13-2B-1 Private Disposal Facilities Not Expense To City 13-2B-4 Private Haulers 13-2B-8 Right Of Entry For Inspection And Testing 13-2B-6 Rates Areas Not Served By Public System 13-2C-4 Cost Of Collection 13-2C-6 Definitions 13-2C-2 Lien For Failure To Pay 13-2C-5 Purpose 13-2C-1 Rates Established 13-2C-3 Sanitary Sewer Connection Fees 13-2-7 SIDEWALKS (See Also STREETS, SIDEWALKS AND OTHER PUBLIC PLACES) 10-1 SIGNS (See Also UNIFIED DEVELOPMENT CODE) 16-15 SMOKING, CARRYING LIGHTED OBJECTS IN SPECIFIED PLACES RESTRICTED 6-9-1 SNOW AND ICE REMOVAL FROM STREETS AND PUBLIC WAYS 10-1-3 City of Dubuque