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Supplement No. 08 - Code of Ordinances - April 2012STERLING CODIFIERS 3906 Schreiber Way , Coeur d'Alene, "ID 83815 (208) 665-7193 RECEIVED APR 17 AM I : 09 City Clerk Office Dubuque IA INSTRUCTION SHEET: REMOVE PAGE HEADED DUBUQUE, lowa Supplement No. 8/April, 2012 Includes "Ordinances: 1-12, 3-12, 4-12, 5-12, 14-12, 15-12, 16-12, 17-12, 18-12 19-12 and 20-12 VOLUME 1 Preface TABLE OF CONTENTS: Table Of Contents, Title 1, Administration:, and following page TITLE 2: Title 2, Boards And Commissions TITLE 9: 9-14, 9-14-321.669: Exemption Of and following two pages 9 144-321.602, "4th Street, East, .both sides and following page 9-14-321.665, that, the motor vehicle and ;following page 9-14-321.703, parking places only for -TITLE-11:- Title TITLE 11:Title 11, Rights Of Way: 11-3B-1, Chapter 3, Article B. Community and following three pages 11 3E-1, Chapter 3, Article E. Cable VOLUME II TABLE OF CONTENTS: Table Of Contents, Title 1, Administration and following page INSERT NEW PAGE HEADED Preface Table Of Contents, Title 1, Administration and following page Title 2, Boards And 'Commissions 2-11-1, Chapter 11, Cable Television and =following two pages (insert immediately after page headed 2-10-9; E. Minutes: A copy of the) 9-14, 9-14-321.669: Exemption Of and following two pages 9-14-321.602, 4th Street, East, both'sides and following page 9-14-321.665, that the motor vehicle. and following ,page 9-14-321.703, parking places only for Title 11, Rights Of Way 11-3B, Chapter 3, Article B. Community. and following page 11-3E-1, Chapter 3, Article E. Cable Table Of Contents, Title 1, Administration' and following page REMOVE PAGE HEADED INSERT NEW PAGE HEADED TITLE 14: 14-1D-1, Chapter 1-, Article D. Electrical) 14-1D-2, Article 82 and following page 14-1D-2, Re -inspection fees may be and following five pages 14-2-3, 4. Every permit for the use of 14-4-1, Chapter 4, Licensing Of Vacant and following four pages TITLE 16: 16-10-7, 7. Shot Tower: The property;. 16-11-15, sound phonetically similar to and following two pages INDEX: -B-, Bicycles (cont.) -C-, Cable Right Of Way..,, Intent and following page -L-, Liquor Control (cont.) -P-, Public Utilities (cont.) 14-1D-1, Chapter 1, Article D. Electrical 14-1D-2, Article 82 and following page 14-1D-2, Re -inspection fees may be and following five pages 14-2-3, 4. Every permit for the use of 14-4-1, Chapter 4, Licensing Of Vacant and following four pages 16-10-7, 7. Shot Tower: The property and'followrng page 16-11-15, sound phonetically similar to and following two pages -B-, Bicycles (cont.) -C-, Cable Right Of Way..., Intent and; following page -L-, Liquor Control (cont.) -P-, Public Utilities (cont.) PREFACE This city code of the city of Dubuque, as supple- mented, contains ordinances up to and including ordinance 56-11, passed December 19, 2011. 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 February 2012 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 Sister City Relationships Advisory Commission 9 Safe Community Advisory Committee 10 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 February 2012 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 Parental Responsibility 5D Animal Control 6 Miscellaneous Provisions 6A Dogs And Cats 6B Rabies Control 6C Dangerous Animals 6D Potentially Vicious Dogs 6E Bicycles 7 February 2012 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 . . General Regulations ......... Airport Zoning Regulations TITLE 13 Public Utilities Water Use And Service Connections Water Meters Rates 7 Cross Connection Control Sewers And Sewage Disposal Discharge Regulations 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 3A 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 . . Community Tele -Programming Commission 3B Cable Regulatory Commission Rates And General Regulations Cable Services Customer Service Standards Gas Franchise Electric Franchises Interstate Power Company Maquoketa Valley Electric Cooperative 1 2 3 1 1A 1B 1C 1D 2 2A TITLE 14 3C Building And Development 3D Building Codes 3E Building Code And Regulations . 4 Residential Code 5 Energy Conservation Code ... 5A Electrical Code Fire Code And Regulations ... 5B Mechanical Code City of Dubuque 1 1A 1B 10 1D 1E 1F May 2011 TITLE 14 (cont.) 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 Solar Thermal Licenses 13 Solar Thermal System Permits And Inspections 14 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 May 2011 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 Sister City Relationships Advisory Commission 9 Safe Community Advisory Committee 10 February 2012 City of Dubuque 9-14 9-14 9-14-321.669: 9-14-321.670: 9-14-321.671: 9-14-321.672: Exemption Of Persons Holding Resident Parking Permits From Specific Sections Unlawful To Use Slugs Defacing, Tampering With Prohibited Prepaid Parking Meter Hoods/Placards 9-14-321.673 - 9-14-321.680: Reserved 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: 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 Division 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 May 2011 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: 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 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; with the exception of parking spaces within the designated parking meter district and when such spaces are clearly marked on the parking surface. 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. May 2011 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 Tess 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; with the exception of parking spaces within the designated parking meter district and when such spaces are clearly marked on the parking surface. N. In an alley under any fire escape at any time. (Ord. 20-11, 3-7-2011) 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. May 2011 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 May 2011 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: (Ord. 19-11, 3-7-2011) Two hour time zones: Bluff Street, west side, from Emmett Street to West 3rd Street. Central Avenue, east side, from East 19th Street to a point two hundred twenty five feet (225') south of 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. 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. University Avenue, north side, from Algona Street to Loras Boulevard. February 2012 City of Dubuque 9-14-321.602 9-14-321.602 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. 19-11, 3-7-2011; amd. Ord. 51-11, 11-21-2011) 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: February 2012 City of Dubuque 9-14-321.602 9-14-321.602 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, 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. 7th Street, north side, from Locust Street to the alley west of Locust Street. 7th Street, south side, from Bluff Street to Locust 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; provided, however, it shall not be unlawful to stop, but only in the posted 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 driver of the vehicle must be in the vehicle, vehicles shall not be parked in these areas; north side, from May 2011 City of Dubuque 9-14-321.602 9-14-321.602 May 2011 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 EIm Street to Pine Street. 20th Street, East, both sides, from Central Avenue to EIm 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. 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. May 2011 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. 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 following 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: May 2011 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 White Street and Iowa Street. 7th Street, north side from the alley west to Bluff Street, between Locust Street and Bluff Street. May 2011 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 Locust Street and Main Street. 8th Street, both sides, between Main Street and Iowa Street, except where posted "No Parking". 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 Iowa Street and Locust Street. 10th Street, south side, between White Street and Central Avenue. 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. May 2011 City of Dubuque 9-14-321.666 9-14-321.666 17th Street, south side, between the alley east of Central Avenue and the alley west of Central Avenue. 18th Street, south side, between Central Avenue and the alley east of Central Avenue. North -south streets: Bluff Street, both sides, between 3rd Street and 8th Street. Bluff Street, both sides, between 10th Street and 12th Street. Bluff Street, west side, between 8th Street and 9th Street. Central Avenue, both sides, between 4th Street and 19th Street. Iowa Street, both sides, between 4th Street and Loras Boulevard. Iowa Street, west side of median, between 5th Street and 9th Street. Locust Street, both sides, between 1st Street and Loras Boulevard. Main Street, both sides, between 1st Street and 5th Street. Main Street, both sides, between 8th Street and 10th Street, except where posted "NO PARKING". Main Street, both sides, between 9th Street and Loras Boulevard. Main Street, both sides, from 1st Street to a point two hundred twenty feet (220') south of 1st Street. Main Street, both sides, from 5th Street to 8th Street. 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. 18-11, 3-7-2011) May 2011 City of Dubuque 9-14-321.667 9-14-321.669 9-14-321.667: FEE SCHEDULE: Subject to the limitations provided in this division, parking meters, when installed and properly operated, shall show legal parking upon and after deposit of United States coins in accordance with the following schedule: A. One hour parking meters shall show legal parking for fifty cents ($0.50) per hour, but not more than a total of sixty (60) minutes at any one time. B. Two (2) hour parking meters shall show legal parking for fifty cents ($0.50) per hour, but not more than a total of one hundred twenty (120) minutes at any one time. C. Four (4) hour parking meters shall show legal parking for fifty cents ($0.50) per hour, but not more than a total of four (4) hours at any one time. 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 May 2011 City of Dubuque 9-14-321.703 9-14-321.705 parking places only for parking motor vehicles displaying a special identification device issued by an official state or federal agency. B. Angular parking places designated for disabled person parking shall have a parking place width of at least eight feet (8') with an additional adjacent access aisle of a minimum five feet (5') in width to provide for access to and from the parking space by disabled persons who are confined to wheelchairs or need the use of walkers or crutches for mobility. Where such angular parking spaces are designated "van accessible", the width of the angular parking place shall be at least eight feet (8') with an additional adjacent access aisle of a minimum eight feet (8') in width. (Ord. 44-08, 6-16-2008) 9-14-321.704: DISABILITY SIGNS REQUIRED: A. Parking spaces designated as special parking places for disabled persons shall be identified with the disability parking sign on a vertical post bearing the international symbol of accessibility; the fine is one hundred dollars ($100.00) for improper use. B. Any person who owns or leases rental property in the city and is required to provide disabled parking by the Iowa Code shall identify each parking space with a disability parking sign bearing the international symbol of accessibility; the fine is one hundred dollars ($100.00) for improper use. (Ord. 44-08, 6-16-2008) 9-14-321.705: PROHIBITED USE OF PARKING PLACES OR IDENTIFI- CATION DEVICES: A. Violation: The use of a disabled person space, including the access aisle, located on either public or private property, by a motor vehicle not displaying a special identification device issued by an official state or federal agency, or by a motor vehicle displaying such a device but not being used by a disabled person, as operator or passenger, is prohibited and is a misdemeanor for which a fine may be imposed upon the owner, operator, or lessee of the motor vehicle. The fine for each violation shall be one hundred dollars ($100.00). B. Parking Of Vehicle: Each motor vehicle authorized to use a disabled person space shall be parked within such parking spaces as are established and designated by appropriate markings. Each motor vehicle authorized to use a disabled person space when operated or moved therein and therefrom shall be operated or moved within the June 2010 City of Dubuque 9-14-321.705 9-14-321.707 traffic lanes established and designated by appropriate markings. It shall be prohibited for any person to cause, allow, or permit any motor vehicle to park across, blocking or within the accessible access aisle of a disabled person parking space. The fine for each violation shall be one hundred dollars ($100.00). (Ord. 75-08, 11-3-2008) C. Snow Removal: 1. The owner of any property on which is located any disabled parking spaces and/or access aisles shall not allow any snow or ice, or accumulations thereof, on the property to impede the free access and use of such disabled parking spaces or access aisles. 2. No person shall use a disabled parking space or access aisle, located on either public or private property, for the storage of snow. 3. A property owner notified by written notification from the city manager of a violation of this subsection shall remove the snow or ice, or accumulations thereof, within twenty four (24) hours of receipt of the notification. (Ord. 10-10, 2-15-2010) 9-14-321.706: AUTHORITY TO IMPOUND VEHICLES PARKING IN VIOLATION OF CHAPTER: A. Any motor vehicle located or parked in a special parking place designated for disabled persons in violation of section 9-14-321.705 of this chapter may be towed or removed by or under the direction of the city manager. B. The towing and storage of motor vehicles parked in violation of this division shall be in accordance with sections 9-15-321.770, 9-15-321.771 and 9-15-321.772 of this title. (Ord. 44-08, 6-16-2008) 9-14-321.707: BUSINESS DISTRICT: A. There is hereby established a business district, pursuant to Iowa Code section 321L.5(4)(a), for the purpose of allocating disabled person parking spaces within said district. B. The said business district shall be defined as municipal parking lots and the parking meter district as described in sections 9-14-321.643 and 9-14-321.666 of this chapter. (Ord. 44-08, 6-16-2008) June 2010 City of Dubuque TITLE 11 RIGHTS OF WAY Subject Chapter Nonfranchised Communications Systems 1 Cable Right Of Way Regulations 2 Cable Communications 2A Open Video Systems 2B Cable Television 3 Cable Franchise Agreement 3A Community Tele -Programming Commission 3B Cable Regulatory Commission 3C Rates And General Regulations 3D Cable Services Customer Service Standards 3E Gas Franchise 4 Electric Franchises 5 Interstate Power Company 5A Maquoketa Valley Electric Cooperative 5B City of Dubuque 11-3B-1 11-3B-2 CHAPTER 3 CABLE TELEVISION ARTICLE B. COMMUNITY TELE -PROGRAMMING COMMISSION SECTION: 11-3B-1: 11-3B-2: 11-3B-3: 11-3B-4: Intent Commission Established; Purposes And Duties Membership; Terms; Officers Meetings; Procedures 11-3B-1: INTENT: The city council desires to assure that the cable channels, equipment and resources dedicated and reserved for community programming shall be used effectively, efficiently and economically to afford subcommunities and individuals of Dubuque the opportunity to express opinions and provide information to cable users, and that such programming shall be characterized by appropriateness, quality and continuity. (2007 Code § 44-216) 11-3B-2: COMMISSION ESTABLISHED; PURPOSES AND DUTIES: A. Established: The city council hereby establishes a commission to be known as the community tele -programming commission, and which shall continue to exist at the pleasure of the council. B. Purposes And Duties: The commission shall have the following purposes and duties: 1. To develop, in respect to community programming, policies which shall govern: a. The use and protection of equipment and facilities; b. The availability and use of technical assistance; City of Dubuque 11-3B-2 11-3B-2 c. All training programs; d. The priorities and scheduling for use of channel time; and e. Fundraising and sponsorship revenues. 2. To develop, in respect to the public community programming channel, policies and procedures which shall: a. Promote its nondiscriminatory, first come, first served and equitable use; b. Assure its use in conformity with all applicable regulations and requirements; and c. Limit its use to residents of Dubuque and their own productions. 3. To encourage interest in and development of decidedly local community programming. 4. To encourage cooperation between community programming users and the local cable manager and the local cable manager's staff. 5. To encourage, and, as appropriate, assist and participate in community programming productions and training. 6. To identify and support organization of subcommunities to be responsible for the channels reserved for education, government, human services and religious programming. 7. To advise the city manager of the duties, qualifications, selection and evaluation of the cable franchise administrator. 8. To advise the cable franchise administrator on all matters relating to community programming, including its annual budget. 9. To advise the cable franchise administrator and the local cable manager on purchase, location, use, repair, and replacement of equipment and facilities for community programming. 10. To promulgate and administer through the cable franchise administrator all policies, rules and procedures relating to community programming. City of Dubuque 11-3B-2 11-3B-3 11. To evaluate its own proceedings and actions and all use of community programming. 12. To prepare and submit to the city council an annual report: a. On the progress throughout the year of the uses of the community programming channels; b. On the successes and failures of community programming and commission activities; and c. With any recommendations for the future of community programming in Dubuque. (2007 Code § 44-217) 11-3B-3: MEMBERSHIP; TERMS; OFFICERS: A. Appointments; Qualifications: 1. The commission shall consist of seven (7) members appointed by the city council. In its appointments, the council shall endeavor to achieve a broad representation of the subcommunities and public interests which can take advantage of dedicated channels to benefit the residents of Dubuque. The council shall appoint only residents of the city and shall give preference to applicants who are actively interested in promoting community cable programming who possess, or are willing to acquire, video production background, and who will relate to the spectrum of informational and cultural needs of cable viewers of Dubuque. 2. The cable franchise administrator and anyone who is an owner, shareholder, employee or agent of the franchise holder shall be ineligible to serve as a member of the commission. The membership may include a maximum of two (2) government officers and employees. 3. Members of the commission who represent subcommunities utilizing dedicated channels shall not be deemed to have a conflict of interest in the use of the equipment and facilities provided for that purpose solely because of their membership on the commission. B. Terms Of Office; Attendance At Meetings: The term of each member shall be for three (3) years. If a vacancy occurs before the expiration of a term, the appointment shall be for the unexpired portion of that term. If the council fails to make an appointment upon the expiration City of Dubuque 11-3B-3 11-3B-4 of a term, the incumbent shall continue to serve until an appointment shall be made. If any member fails to attend at least two-thirds (2/3) of the regularly scheduled commission meetings within a twelve (12) month period, the commission may request the council to declare that member's seat vacant. Attendance of all members shall be entered in the minutes. C. Officers: Annually the members shall elect from among themselves a presiding officer and a secretary whose offices shall expire the next June. The city's cable franchise administrator shall be adviser to the commission. (2007 Code § 44-218) 11-3B-4: MEETINGS; PROCEDURES: A. Conduct Of Meetings; Quorum: The members shall meet as needed to conduct the business of the commission, but not less frequently than once each calendar quarter. A quorum of four (4) members shall be required for members to conduct the business of the commission. All meetings and proceedings of the commission shall conform with applicable open meeting requirements. (Ord. 51-06, 6-19-2006) B. Minutes Filed With Council: The commission shall file with the city council a copy of the minutes of each regular and special meeting within ten (10) days after such meeting. C. Governing Of Commission Operations: All administrative, personnel, accounting, budgetary, and procurement policies of the city shall govern the commission in all of its operations. (2007 Code § 44-219) City of Dubuque 11-3C-1 11-3C-2 CHAPTER 3 CABLE TELEVISION ARTICLE C. CABLE REGULATORY COMMISSION SECTION: 11-3C-1: Intent 11-3C-2: Commission Established; Purposes And Duties 11-3C-3: Membership; Terms; Officers 11-3C-4: Meetings; Procedures 11-3C-1: INTENT: The city council desires to assure full compliance with its cable franchise, that the franchise be interpreted and applied to the benefit of the city and its residents, that quality and updated services be delivered throughout the city, and that the public interest be protected in all matters related to the cable services delivery system. (2007 Code § 44-231) 11-3C-2: COMMISSION ESTABLISHED; PURPOSES AND DUTIES: A. Established: The city council hereby establishes a commission to be known as the cable regulatory commission, and which shall exist throughout the term of the cable franchise. B. Purposes And Duties: The commission shall have the following purposes and duties: 1. To keep abreast of developments in cable technologies, services and programming. 2. To become competent in cable regulation, finances and standards of operation. 3. To act through the cable franchise administrator as the local regulatory agent of the cable franchise. City of Dubuque 11-3C-2 11-3C-3 4. To develop policies for the day to day regulation and administra- tion of the cable franchise. 5. To encourage cordial relations between cable subscribers and the local cable manager and the local cable manager's staff. 6. To develop policies for handling and resolving subscriber complaints which could not be resolved satisfactorily by the cable manager. 7. To monitor the operation of the cable system. 8. To counsel the city council regarding rates and possible revocation procedures. 9. To advise the city council on any matter relating to the cable franchise or system. 10. To consult with the cable franchise administrator and the local cable manager on the best updating of the cable system, services and programming, and to advise the city council on expending the updating funds. 11. To advise the city manager on the duties, qualification, selection, and evaluation of the cable franchise administrator. 12. To advise the cable franchise administrator in all matters relating to the regulation of the cable system including the cable budget. 13. To evaluate its own proceedings and actions and all cable related activities. 14. To submit an annual report to the city council regarding: a. The state of cable regulation; b. The state of cable services and technologies; and c. Any recommendations it may have for the future of cable in Dubuque. (2007 Code § 44-232) 11-3C-3: MEMBERSHIP; TERMS; OFFICERS: A. Appointments; Qualifications: The commission shall consist of five (5) members appointed by the city council. In its appointments, the City of Dubuque 11-3C-3 11-3C-4 council shall endeavor to develop a commission versed and competent in telecommunication administration, finances and regulation. The council shall appoint only residents of the city and shall attempt to give preference to applicants who possess professional or experiential backgrounds in law, finances, administration, public relations, or telecommunication technologies. The cable franchise administrator and anyone who is an owner, shareholder, employee, or agent of the city's cable franchise holder shall be ineligible to serve as a member of the commission. B. Terms Of Office; Attendance At Meetings: The term for each member shall be three (3) years. If a vacancy occurs before the expiration of a term, the appointment shall be for the unexpired portion of that term. If the council fails to make an appointment upon the expiration of a term, the incumbent shall continue to serve until an appointment shall be made. If any member fails to attend at least two-thirds (2/3) of the regularly scheduled commission meetings in a twelve (12) month period, the commission may request the council to declare that member's seat vacant. Attendance of all members shall be entered in the minutes. C. Officers: In odd numbered years, the members shall elect a presiding officer from among themselves and an official secretary. The city's cable franchise administrator shall be adviser to the commission, and city staff shall perform secretarial and administrative duties for the commission as requested by the commission. (2007 Code § 44-233) 11-3C-4: MEETINGS; PROCEDURES: A. Conduct Of Meetings; Quorum: The members shall meet as needed to conduct the business of the commission, but not less frequently than once each calendar quarter. A quorum of three (3) members shall be required for members to conduct their business. All meetings and proceedings of the commission shall conform with applicable open meeting requirements. B. Minutes Filed With Council: The commission shall file with the city council a copy of the minutes of each regular and special meeting within ten (10) days after such meeting. C. Governing Of Commission Operations: All administrative, personnel, accounting, budgetary, and procurement policies of the city shall govern the commission in all of its operations. (2007 Code § 44-234) City of Dubuque 11-3E-1 11-3E-4 CHAPTER 3 CABLE TELEVISION ARTICLE E. CABLE SERVICES CUSTOMER SERVICE STANDARDS SECTION: 11-3E-1: Federal Communications Commission Customer Service Obligations Adopted 11-3E-2: Application Of Provisions 11-3E-3: Enforcement Agency 11-3E-4: Conflict 11-3E-5: Complaints 11-3E-6: Violation 11-3E-1: FEDERAL COMMUNICATIONS COMMISSION CUSTOMER SERVICE OBLIGATIONS ADOPTED: Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by reference the customer service obligations adopted by the federal communications commission found in title 47, code of federal regulations, section 76.309. (2007 Code § 44-261) 11-3E-2: APPLICATION OF PROVISIONS: This article shall be applicable to any cable services franchise grantee (hereinafter grantee) operating in the city under a cable services delivery franchise granted by the city. (2007 Code § 44-262) 11-3E-3: ENFORCEMENT AGENCY: This article shall be enforced by the cable regulatory commission established under section 11-3C-2 of this chapter. (2007 Code § 44-263) 11-3E-4: CONFLICT: In the event of a conflict between the customer service standards adopted herein and customer service City of Dubuque 11-3E-4 11-3E-6 standards set forth elsewhere in this title or the cable services delivery franchise (article A of this chapter), the customer service standard most beneficial to the cable service customer shall be followed. (2007 Code § 44-264) 11-3E-5: COMPLAINTS: Upon receipt by the cable regulatory commission of a complaint of violation of any customer service obligation, the cable regulatory commission shall advise the grantee of the alleged violation in writing and give grantee the opportunity to respond to the complaint at the next regularly scheduled meeting of the commission. If the commission determines that a violation has occurred, it shall request that the appropriate officer authorized by the city to enforce this title, issue a civil citation to the grantee for commission of a municipal infraction. (2007 Code § 44-265) 11-3E-6: VIOLATION: Violation of the customer service obligations referred to in this article shall be a "municipal infraction" as defined in subsection 1-4-2A of this code and shall be punishable as provided therein. (2007 Code § 44-266) 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 Sister City Relationships Advisory Commission 9 Safe Community Advisory Committee 10 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 February 2012 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 Parental Responsibility 5D Animal Control 6 Miscellaneous Provisions 6A Dogs And Cats 6B Rabies Control 6C Dangerous Animals 6D Potentially Vicious Dogs 6E Bicycles 7 February 2012 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 2 Cable Communications 2A Open Video Systems 2B Cable Television 3 Cable Franchise Agreement . . Community Tele -Programming Commission 3B Cable Regulatory Commission Rates And General Regulations 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 10 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 Discharges To Storm Sewer System 5 Solid Waste 6 City Or Private Collection 3A Service 6A TITLE 14 3C Building And Development 3D Building Codes 3E Building Code And Regulations . 4 Residential Code 5 Energy Conservation Code ... 5A Electrical Code Fire Code And Regulations ... 5B Mechanical Code City of Dubuque 1 1A 1B 1C 1D 1E 1F May 2011 TITLE 14 (cont.) 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 Swimming Pools Signs (Rep. by Ord. 52-09, 10-19-2009) 10 Flood Areas 11 Erosion And Sediment Control . . 12 Solar Thermal Licenses 13 Solar Thermal System Permits And Inspections 14 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 12 Site Design Standards 13 Parking 14 Signs 15 8 Site Plans 9 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 May 2011 INDEX City of Dubuque 14-1D-1 14-1D-2 SECTION: 14-1D-1: 14-1 D-2: CHAPTER 1 BUILDING CODES ARTICLE D. ELECTRICAL CODE National Electrical Code Adopted National Electrical Code Amendments 14-1D-1: NATIONAL ELECTRICAL CODE ADOPTED: Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by reference as the electrical code of the city that certain electrical code known as the national electrical code, 2008 edition, as prepared and edited by the National Fire Protection Agency, Quincy, Massachusetts, and the provisions of such electrical code shall be control- ling in the supply of electricity and in the installation, maintenance and use of all electrical conductors and equipment and installation of optical fiber cable within the corporate limits of the city, and shall be known as the Dubuque electrical code. A copy of the national electrical code, 2008 edition, as adopted, shall be on file in the office of the city clerk for public inspection. (Ord. 17-09, 3-16-2009, eff. 5-1-2009) 14-1 D-2: NATIONAL ELECTRICAL CODE AMENDMENTS: The national electrical code adopted by section 14-1D-1 of this article is hereby amended as follows: Article 80. 80-1. Title. These regulations shall be known as the Dubuque electrical code, cited as such, and will be referred to herein as "this code". 80-2. Application To Existing Electrical Systems And Equipment. (a) Additions, Alterations, Or Repairs. Additions, alterations, or repairs may be made to any electrical system and equip - City of Dubuque 14-1D-2 14-1D-2 ment without requiring the existing electrical system and equipment to comply with all the requirements of this code, provided the addition, alteration, or repair conforms to that required for a new electrical system and equipment and provided further that no hazard to life, health, or safety will be created by such additions, alterations, or repairs. Minor additions, alterations, and repairs to existing electrical systems and equipment may be made in accordance with the law in effect at the time the original installation was made, when approved by the building official. (b) Existing Installations. Electrical systems and equipment lawfully in existence at the time of the adoption of this code may have their use, maintenance, or repair continued if the use, maintenance, or repair is in accordance with the original design and no hazard to life, health, or property has been created by such electrical system and equipment. (c) Changes In Building Occupancy. Electrical systems and equipment which are a part of any building or structure undergoing a change in use or occupancy, as defined in the Dubuque building code, shall comply with the requirements of this code which are applicable to the new use or occupancy. (d) Maintenance. AH electrical systems and equipment, both existing and new, and all parts thereof shall be maintained in a proper operating condition in accordance with the original design and in a safe and hazard -free condition. Any devices or safeguards which are required by this code shall be maintained in conformance with this code. The owner or designated agent shall be responsible for the maintenance of the electrical system. To determine compliance with this subsection, the building official may cause any electrical system to be re -inspected. (e) Moved Building. Electrical systems and equipment which are a part of buildings or structures moved into or within this jurisdiction shall comply with the provisions of this code for new installations. 80-3. Definitions, General. For the purpose of these provisions, certain terms, phrases, words, and their derivatives shall be construed as specified in this section. Where terms are not defined, they shall have their ordinarily accepted meanings within the context City of Dubuque 14-1D-2 14-1D-2 Article 82. 82-1. Permits Required. (a) Permits Required. Except as specified in subsections (b) and (c) of this section, no electrical system regulated by this code shall be installed, altered, repaired, replaced, or remodeled unless a separate electrical permit for each building or structure has first been obtained from the building official. (b) Exempt Work. An electrical permit shall not be required for the following: (1) Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by this code; (2) Repair or replacement of fixed motors, transformers, or fixed approved appliances of the same type and rating in the same location; (3) Temporary decorative lighting; (4) Repair or replacement of current -carrying parts of any switch, contractor, or control device; (5) Reinstallation of attachment plug receptacles, but not the outlets therefor; (6) Repair or replacement of any overcurrent device of the required capacity in the same location; (7) Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems; (8) Taping joints; (9) Removal of electrical wiring; (10) Temporary wiring for experimental purposes in suitable experimental laboratories; or City of Dubuque 14-1D-2 14-1D-2 (11) The wiring for temporary theater, motion picture, or television stage sets. However, any such exempted work that is to be performed in other than a single-family home by the qualifying homeowner shall be performed by or directly supervised by the holder of a state of Iowa class "A" or "B" master or journeyman electrical license or the holder of a city of Dubuque electrical contractor, journeyman, or maintenance license. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. (c) Exempt Systems And Utilities. An electrical permit shall not be required for the following: (1) Electrical wiring, devices, appliances, apparatus, or equipment operation at Tess than twenty-five (25) volts and not capable of supplying more than fifty (50) watts of energy. (2) Low energy power, control, and signal circuits of classes II and III as defined in this code. (3) A permit shall not be required for the installation, alteration, or repair of electrical wiring, apparatus, or equipment for the generation, transmission, distribution, or metering of electrical energy, or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. 82-2. Permit Process. (a) Application For Permit. The applicant for an electrical permit must be one of the following: (1) The homeowner as defined elsewhere in this ordinance; City of Dubuque 14-1D-2 14-1D-2 (2) Registered with the city of Dubuque building services department as the holder of a state of Iowa issued class "A" master electrical license and affiliated with an electrical contracting firm or business that is also licensed by and registered with the state of Iowa; or (3) The holder of a current city of Dubuque issued electrical contractor's license. (b) Application. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the code enforcement agency for that purpose. Every such application shall: (1) Identify and describe the work to be covered by the permit for which application is made; (2) Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed building or work; (3) Identify the owner of property, and tenant if applicable, on which the proposed work is to be done; (4) Indicate the use or occupancy for which the proposed work is intended; (5) Be accompanied by plans, diagrams, computations, and specifications and other data as required in subsection (b) of this section; (6) Be signed by permittee or authorized agent; and (7) Give such other data and information as may be required by the building official. (c) Plans And Specifications. Plans, engineering calculations, diagrams, and other data shall be submitted in one or more sets with each application for a permit. The building official may require plans, computations, and specifications to be prepared and designed by an engineer or architect licensed by the state of Iowa to practice as such. City of Dubuque 14-1D-2 14-1D-2 EXCEPTION: The building official may waive the submission of plans, calculations, etc., if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this code. (d) Information On Plans And Specifications. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and show in detail that it will conform to the provisions of this code and all relevant laws, ordinances, rules, and regulations. Plans for buildings more than two (2) stories in height of other than groups R, division 3, and M occupancies shall indicate how required structural and fire -resistive integrity will be maintained where a penetration will be made for electrical and communication conduits, pipes, and similar systems. 82-3. Permit Issuance. (a) Issuance. The application, plans, specifications, and other data filed by an applicant for permit shall be reviewed by the building official. Such plans may be reviewed by other departments of this jurisdiction to verify compliance with any applicable laws under their jurisdiction. If the building official finds that the work described in an application for a permit and the plans, specifications, and other data filed therewith conform to the requirements of this code and other pertinent laws and ordinances and that the fees specified in section 82-4 have been paid, a permit shall be issued therefor to the applicant. When the building official issues the permit where plans are required, the plans and specifications shall be endorsed in writing or stamped "APPROVED". Such approved plans and specifications shall not be changed, modified, or altered without authorization from the building official and all work shall be done in accordance with the approved plans. The building official may issue a permit for the construction of part of an electrical system before the entire plans and specifications for the whole system have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holder of such permit shall City of Dubuque 14-1D-2 14-1D-2 Re -inspection fees may be assessed when the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official. To obtain a re -inspection, the applicant shall file an application therefor in writing upon a form furnished for that purpose and pay the re -inspection fee in accordance with table no. 13-A. In instances where re -inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. (f) Monthly Maintenance Inspections. In industrial plants where experienced electricians are regularly employed and who have charge of the electrical work in such plants, a monthly inspection shall be made by the building official of the installation of electric wiring, fixtures, appliances, work and materials used in connection with the operation of work in said plant. A record shall be kept at such plants covering the preceding month. This record shall be filed with the building official each month prior to the time set for making regular inspection. Any falsity contained in the reports required to be filed with the building official shall subject the person, firm, or corporation responsible therefor to the penalties provided in this article. 82-6. Connection Approval. (a) Energy Connections. An electrical system or equipment regulated by this code for which a permit is required shall not be connected to a source of energy or power until approved by the building official. (b) Temporary Connections. The building official may authorize the temporary connection of the electrical system or equipment to the source of energy or power for the purpose of testing the equipment or for use under a temporary certificate of occupancy. City of Dubuque 14-1D-2 14-1D-2 Article 83. 83-1. Definitions. For use within this article, the following words and phrases are defined: Apprentice electrician means any person who as such person's principal occupation is engaged in learning and assisting in the installation, alteration, and repair of electrical wiring, apparatus, and equipment as an employee of a person licensed by the state of Iowa as an electrical contractor, and who is licensed by the state of Iowa and is progressing toward completion of an apprenticeship training program registered by the bureau of apprenticeship and training of the United States department of labor. For purposes of this ordinance, persons who are not engaged in the installation, alteration, or repair of electrical wiring, apparatus, and equipment, either inside or outside buildings, shall not be considered apprentice electricians. City of Dubuque licensed electrical contractor means a person licensed with the city of Dubuque having demonstrated the necessary qualifications, training, experience, and technical knowledge to plan, lay out, install, service, and supervise the installation of electrical wiring, electrical equipment apparatus, electrical equipment for light, heat, power, and other purposes, and to supervise apprentices and the unclassified persons in their employ. City of Dubuque licensed journeyman electrician means a person having the necessary qualifications, training, experience, and technical knowledge to wire for or install electrical wiring, electrical apparatus, and electrical equipment, and to supervise apprentices, and who is licensed by the Dubuque electrical code board. Class A journeyman electrician means a person having the necessary qualifications, training, experience, and technical knowledge to wire for or install electrical wiring, apparatus, and equipment and to supervise apprentice electricians and who is licensed by the state board. Class A master electrician means a person having the necessary qualifications, training, experience, and technical knowledge to properly plan, lay out, install, service, and supervise the installation of electrical wiring, apparatus, and City of Dubuque 14-1D-2 14-1D-2 equipment for light, heat, power, and other purposes and who is licensed by the state board. Class B journeyman electrician means a person having the necessary qualifications, training, experience, and technical knowledge to wire for or install electrical wiring, apparatus, and equipment who meets and is subject to the restrictions of Iowa Code section 103.12 and who is licensed by the state board. Class B master electrician means a person having the neces- sary qualifications, training, experience, and technical knowledge to properly plan, lay out, install, service, and supervise the installation of electrical wiring, apparatus, and equipment who meets and is subject to the restrictions of Iowa Code section 103.10 and who is licensed by the state board. Electrical contractor means a person affiliated with a contracting firm or business who is licensed by the state of Iowa electrical board and who is also registered with the Iowa division of labor as a contractor. Electrical equipment means all electrical materials, wiring, conductors, fittings, devices, appliances, fixtures, signs, and apparatus or parts thereof. Electrical work means all installations, alterations, repairs, removals, renewals, replacements, connections, disconnec- tions, and maintenance of all electrical equipment except as otherwise noted. Homeowner means the owner of property that is the owner's principal place of residence, if such residence is an existing dwelling rather than new construction and is not larger than a single family dwelling or farm property and shall qualify for the homestead tax exemption. Licensed means licensed under this article or Iowa Code section 103.2, except as otherwise specified. (Ord. 17-09, 3-16-2009, eff. 5-1-2009) Maintenance electrician means a person who has the neces- sary training, experience, and technical knowledge to under- take the work of servicing, maintaining, and repairing November 2011 City of Dubuque 14-1D-2 14-1D-2 November 2011 electrical devices, appliances, and equipment within the stipulated confines of property owned or controlled by the firm, business, or company by whom employed. An electrical maintenance certificate of competency may be issued to an individual and will entitle the holder thereof to undertake the work of servicing, maintaining, and repairing electrical devices, appliances, and equipment only within the confines of the property owned by such individual for use or application to such property. (Ord. 47-11, 9-19-2011) Master electrician/electrical contractor means a person having the necessary qualifications, training, experience, and technical knowledge to plan, lay out, install, service, and supervise the installation of electrical wiring, electrical equipment apparatus, electrical equipment for light, heat, power, and other purposes, and to supervise apprentices, and who is licensed by the electrical code board. Registered, under this article, means a copy of the licensed person's license and current contact information has been provided to the city of Dubuque building services department on forms provided by building services department, except as otherwise specified. Residential electrician means a person having the necessary qualifications, training, experience, and technical knowledge to wire for or install electrical wiring, apparatus, and equip- ment who meets and is subject to the restrictions of Iowa Code section 103.12 and who is licensed by the state board. Special electrician means a person having the necessary qualifications, training, and experience in wiring or installing special classes of electrical wiring, apparatus, equipment, or installations which shall include irrigation system wiring, disconnecting and reconnecting of existing air conditioning and refrigeration, and sign installation, and who is licensed by the state board. Unclassified person means any person, other than an apprentice electrician or other person licensed under this chapter, who, as such person's principal occupation, is engaged in learning and assisting in the installation, alteration, and repair of electrical wiring, apparatus, and equipment as an employee of a person licensed by the state City of Dubuque 14-1D-2 14-1D-2 of Iowa and who is licensed by the state of Iowa as an unclassified person. For purposes of this ordinance, persons who are not engaged in the installation, alteration, or repair of electrical wiring, apparatus, and equipment, either inside or outside buildings, shall not be considered unclassified persons. 83-2 Registration Required; Exceptions. (a) No person, firm, or corporation shall perform any electrical work as an electrical contractor, master electrician, journeyman electrician, apprentice electrician, unclassified person, or maintenance electrician in the city of Dubuque unless registered with the building services department of the city of Dubuque as provided in this article. (b) No electrical contractor or electrical maintenance electrician shall employ any apprentice or unclassified person to perform any electrical work unless said apprentice or unclassified person is under the direct personal on-the-job supervision of a state or city licensed master electrician, state or city licensed journeyman electrician, or city licensed maintenance electrician. The ratio of apprentice electricians or unclassified persons to holders of state of Iowa master or journeyman electrical license holders or the holders of a city of Dubuque electrical contractor journeyman or electrical maintenance license at any time shall not exceed the ratios given in subsection 83-2(f). Direct personal on-the-job supervision and control and in the immediate presence of a licensee shall mean the licensee and the apprentice electrician or unclassified person shall be working at the same project location but shall not require that the licensee and apprentice electrician or unclassified person be within sight of one another at all times. Every person who desires to perform the work of an electrical laborer/helper shall provide their name and contact information to the building services department on such forms as the building official shall prescribe. Apprentice electricians shall not install, alter, or repair electrical equipment except as provided in this ordinance and the licensee employing or supervising the apprentice City of Dubuque 14-1D-2 14-1D-2 electricians shall not authorize or permit such actions by the apprentice electricians. Unclassified persons shall not install, alter, or repair any energized electrical equipment and the licensee employing or supervising the unclassified persons shall not authorize or permit such actions by the unclassified persons. Apprentice electricians shall do no electrical wiring except under the direct personal on-the-job supervision and control and in the immediate presence of a licensee as provided in this ordinance. Such supervision shall include both on-the-job training and related classroom training as approved by the state of Iowa electrical examining board and the bureau of apprenticeship and training of the United States department of labor. Unclassified persons shall do no electrical wiring except under the direct personal on-the-job supervision and control and in the immediate presence of a licensee as provided in this ordinance. Employment of unregistered master, journeyman, apprentice electricians, or unclassified persons shall be grounds for the suspension or revocation of the employing electrical contractor's registration and their ability to do work within the limits of the city of Dubuque. Employment of unregistered master, journeyman, apprentice electricians, or unclassified persons shall be grounds for the suspension or revocation of the employing maintenance electrician's registration and their ability to do work within the limits of the city of Dubuque. (c) The owner or owners of a single-family dwelling, or mobile home, including the usual accessory building and quarters used exclusively for living purposes may do such electrical work without registration as demonstrated by the capability to do, to the building official, providing that the dwelling or mobile home will be occupied by the owner and that a permit is issued as provided in the electrical code. No person qualifying for the owner -occupant exemption shall be eligible for a subsequent exemption on any other structure for seven (7) years. City of Dubuque 14-1D-2 14-1D-2 (d) The provisions of this article shall not apply to any regular employee of a public utility who does electrical work for such public utility only, nor shall they apply to the electrical work of a telephone or telegraph company, nor the persons, firms, or corporations performing electrical work for such a company, where such electrical work is an integral part of the plant used by such telephone or telegraph company in rendering its duly authorized service to the public, nor to any regular employee of any railroad who does electrical work only as a part of that employment. (e) The provisions of this article shall not apply to the replacement of integral parts of equipment or appliances by firms or persons in possession of a valid electrical maintenance license issued previously to the firm or person by the building services department of the city under other pertinent city ordinances. (f) The maximum number of state of Iowa licensed apprentice electricians or state of Iowa licensed unclassified persons that may be supervised by a licensed city of Dubuque or state of Iowa master, journeyman, or maintenance electrician shall not exceed one to one (1:1). The supervision ratio of this section need not apply to apprenticeship classroom training. 83-3. Classes Of Dubuque Electrical License. (a) One (1) class of license is hereby established and certificates thereof shall be issued only upon the direction of the Dubuque electrical code board. This class shall be designated respectively as: Electrical maintenance license shall entitle the holder thereof to undertake the work of installing, servicing, maintaining, altering, and repairing electrical devices, appliances, and equipment within the confines of property owned or controlled by the firm, business, or company employing such registration holder or within the confines of property owned by an individual. (b) Three (3) classes of license are hereby established and certificates thereof shall be renewed only upon the direction City of Dubuque 14-1D-2 14-1D-2 of the Dubuque electrical code board. These classes shall be designated respectively as: Dubuque electrical contractor's license shall entitle the holder thereof to engage in the business of electrical contracting within the corporate limits of the city of Dubuque and to secure permits for the installation, alteration, or repair of any electric wiring, device, appliances, or equipment. Electrical maintenance license shall entitle the holder thereof to undertake, within the corporate limits of the city of Dubuque, the work of installing, servicing, maintaining, altering, and repairing electrical devices, appliances, and equipment within the confines of property owned or controlled by the firm, business, or company employing such registration holder or within the confines of property owned by an individual. Dubuque journeyman electrician's license shall entitle the holder thereof to undertake, within the corporate limits of the city of Dubuque, the work of installing, maintaining, altering, and repairing electrical devices, appliances, and equipment in the employ of an electrical contractor. 83-4. Examination Required; Application Fee For Reexamination Upon Failure Of Examinations. Any person desiring to be examined for a license to perform electrical maintenance work by the Dubuque electrical code board, as determined by this article, shall make application to the board on forms furnished by the board, setting forth information necessary to establish qualifications as such and payment of an examination fee as specified in table no. 13B. Persons failing an examination and desiring to take the examination again must make application for the examination and pay the examination fee as required in the first instance. 83-5. Scope Of Examination. Applicants for licensure under this article will be examined by the Dubuque electrical code board to determine their knowledge of the rules and regulations governing the installation of electric wiring, devices, appliances, and equipment as set forth in the statutes of the state, the ordinances of the city, and in the national electrical code, in order to determine the general qualifications and fitness of each applicant for executing electrical maintenance work. City of Dubuque 14-1 D-2 14-1 D-2 83-6. Reexamination. Should an applicant for registration under this article fail to pass an examination by not obtaining a rating thereon of seventy-five percent (75%) or higher, such applicant may be reexamined upon submitting an application in writing accompanied by the examination fee after a period of sixty (60) days has elapsed from the date of the applicant's last previous examination. 83-7. Fees For Licenses. Before an electrical maintenance license is granted to any applicant under this article and before an expiring electrical license issued by the city of Dubuque is renewed, the applicant shall pay to the city a fee as specified in table no. 13-B. TABLE NO. 13-B Electrical Examination, License Fees 1. Initial fee for electrical maintenance license $120.00 2. Renewal fee for electrical maintenance license 60.00 3. Renewal fee for Dubuque licensed electrical contractor 75.00 4. Renewal fee for Dubuque licensed journeyman 50.00 Examination fees are set by the testing agency. 83-9. Expiration Of Registration; Renewal; Failure To Renew. (1) Each Dubuque license shall expire on December 31st following the date of its issue and shall be renewed by the Dubuque electrical code board upon application of the holder of the license and payment of the required fees any time on or before January 1st of each year. Renewal of license shall not be granted to a holder of a license while indebted to the city under the terms of this article. (2) If there is a lapse of over sixty (60) days from the expiration of a license renewal, the renewal procedure shall be the same as on an original application. 83-10. Suspension Of Permit Privilege For Multiple Violations. Where a licensed electrical contractor is found doing electrical work without an electrical permit on three (3) separate occasions in one (1) year, November 2011 City of Dubuque 14-1D-2 14-1D-2 a hearing shall be held by the building official at which time the permit privileges of said electrical contractor may be suspended for a period of time not to exceed one (1) year. The members of the Dubuque electrical code board as established by article 81-3 shall be present at such hearings and shall act as advisors to the building official in determining what course of action should be taken. 83-12. Display Of License. Every holder of a state of Iowa or city of Dubuque electrical license shall be able to produce their current license when on the job site or when making application for an electrical permit. 83-13. Transferability. No license may be loaned, rented, assigned, or transferred. No holder of a valid license shall obtain a permit under said license and then sub -contract, sell, or otherwise assign the work covered by said permit to a person or firm who does not have a valid license. 404.1(A) Height Requirements. This includes, but is not limited to, receptacles, switches, dimmers, thermostats, timers, fuses, equipment disconnects, and circuit - breakers whether located inside or outside of a building or structure. In all places accessible to persons with disabilities, the height requirements of all electrical utilization or control devices shall be as follows: November 2011 (1) The minimum height of a required wall mounted electrical device shall not be less than 0.38 m (15 inches), measured from the finished floor height to the center of the usable part of the device. (2) The maximum height of a required wall mounted electrical device shall not be greater than 1.22 m (48 inches), measured from the floor to the center of the usable part of the device. (3) The maximum height of a required wall mounted electrical device installed over the surface of a counter top shall not be greater than 1.17 m (46 inches), measured from the floor to the center of the usable part of the device. City of Dubuque 14-1D-2 14-1D-2 Article 250.104(B) Other Metal Piping. Where installed in or attached to a building or structure, metal piping system(s), including gas piping, that is likely to become energized shall be bonded to the service equipment enclosure, the grounded conductor at the service, the grounding electrode conductor where of sufficient size, or to the one or more grounding electrodes used. The bonding jumper(s) shall be sized in accordance with 250.122, using the rating of the circuit that is likely to energize the piping system(s). The points of attachment of the bonding jumper(s) shall be accessible. Article 250.104(E) Gas Piping System Bonding Requirement. This requirement will apply anytime a main electrical service is installed, replaced, or repaired and the structure has one or more metal fuel gas piping systems. The metal gas piping system(s) shall be made electrically and mechanically continuous to the grounding electrode system of the main electrical service by the installation of a bonding connection which meets all of the following: (1) The bonding conductor(s) shall not be smaller than a number six (#6) copper wire. (2) The bonding conductor(s) shall be bare copper or shall be green insulated wire. (3) All bonding connections on gas pipe system(s) shall be located (inside or out) not more than 1.52 m (5 ft) from the point where the gas pipes enter the structure. (4) No bonding connection on any gas pipe(s) shall be installed before (upstream, ahead) of any gas meter or other gas company equipment. (5) All bonding connections on gas pipe system(s) shall be installed only on a rigid metal portion of the gas pipe, never on a flexible section of gas pipe. (6) All bonding conductor(s) shall be connected to the gas piping system(s) by exothermic welding, listed lugs, listed pressure connectors, listed clamps, or other listed means. City of Dubuque 14-1D-2 14-1D-2 (7) Not more than one conductor shall be installed per listed connector or clamp or fitting unless the device is listed for multiple conductors. (8) All bonding connections on the gas piping system(s) shall be accessible when the building is complete. (9) Gas piping system(s) shall never be used as the grounding electrode system. 404.1(A) Height Requirements. This includes, but is not limited to, receptacles, switches, dimmers, thermostats, timers, fuses, equipment disconnects, and circuit - breakers whether located inside or outside of a building or structure. In all places accessible to persons with disabilities, the height requirements of all electrical utilization or control devices shall be as follows: (1) The minimum height of a required wall mounted electrical device shall not be less than 0.38 m (15 inches), measured from the finished floor height to the center of the usable part of the device. (2) The maximum height of a required wall mounted electrical device shall not be greater than 1.22 m (48 inches), measured from the floor to the center of the usable part of the device. (3) The maximum height of a required wall mounted electrical device installed over the surface of a counter top shall not be greater than 1.17 m (46 inches), measured from the floor to the center of the usable part of the device. 406.1(A) Height Requirements. This includes, but is not limited to, receptacles, switches, dimmers, thermostats, timers, fuses, equipment disconnects, and circuit - breakers whether located inside or outside of a building or structure. In all places accessible to persons with disabilities, the height requirements of all electrical utilization or control devices shall be as follows: City of Dubuque 14-1D-2 14-1D-2 406.1(A) Height Requirements. This includes, but is not limited to, receptacles, switches, dimmers, thermostats, timers, fuses, equipment disconnects, and circuit - breakers whether located inside or outside of a building or structure. In all places accessible to persons with disabilities, the height requirements of all electrical utilization or control devices shall be as follows: (1) The minimum height of a required wall mounted electrical device shall not be less than 0.38 m (15 inches), measured from the finished floor height to the center of the usable part of the device. (2) The maximum height of a required wall mounted electrical device shall not be greater than 1.22 m (48 inches), measured from the floor to the center of the usable part of the device. (3) The maximum height of a required wall mounted electrical device installed over the surface of a counter top shall not be greater than 1.17 m (46 inches), measured from the floor to the center of the usable part of the device. 408.1(A) Height Requirements. This includes, but is not limited to, receptacles, switches, dimmers, thermostats, timers, fuses, equipment disconnects, and circuit breakers whether located inside or outside of a building or structure. In all places accessible to persons with disabilities, the height requirements of all electrical utilization or control devices shall be as follows: (1) The minimum height of a required wall mounted electrical device shall not be Tess than 0.38 m (15 inches), measured from the finished floor height to the center of the usable part of the device. (2) The maximum height of a required wall mounted electrical device shall not be greater than 1.22 m (48 inches), measured from the floor to the center of the usable part of the device. November 2011 City of Dubuque 14-1D-2 14-1D-2 (3) The maximum height of a required wall mounted electrical device installed over the surface of a counter top shall not be greater than 1.17 m (46 inches), measured from the floor to the center of the usable part of the device. Article 408.4(A) Additional Labeling Of Electrical Service Panels And Switchboards. The labeling shall be expanded to include the name of contracting company (installer) and the contact information for same and shall be installed at or on the main electrical service panel. Additionally it will list all of the following: November 2011 (1) Location(s) of all accessible bolted grounding connections to any metal water service piping. (2) Approximate location(s) of all buried ground -rod connections, if any installed. (3) Approximate location of all bolted grounding connections to reinforcing steel in foundation if installed. (4) Location(s) of all accessible bolted bonding connections to building steel and all other metal piping systems including gas piping, sprinklers, etc. (5) Location of the intersystem bonding terminal bus bar. Irreversible connections (compression, exothermic, etc.) are not required to be accessible. (Ord. 17-09, 3-16-2009, eff. 5-1-2009) City of Dubuque 14-2-3 14-2-5 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. Southwest Arterial Corridor: The city manager shall not issue any permit for any new construction or substantial enlargement, altera- tion, repair or remodeling of any structure, building, or sign in the 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, 2012, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. (Ord. 7-11, 1-18-2011) 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) May 2011 City of Dubuque 14-2-6 14-2-6 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 May 2011 City of Dubuque 14-4-1 14-4-1 CHAPTER 4 LICENSING OF VACANT AND/OR ABANDONED BUILDINGS SECTION: 14-4- 1: Definitions 14-4- 2: Vacant And/Or Abandoned Building License 14-4- 3: Registration 14-4- 4: Fees 14-4- 5: Terms Of Licenses 14-4- 6: Inspections 14-4- 7: Renewal Licenses 14-4- 8: Renewal, Penalty For Failure To Renew License 14-4- 9: Revocation, Reinstatement Measures 14-4-10: Relationship Of License To Other Codes 14-4-1: DEFINITIONS: For the purpose of this chapter, certain terms, phrases, words and their derivatives shall be construed as specified in either this chapter or as specified in the building code or the housing code. Where terms are not defined, they shall have their ordinary accepted meanings within the context in which they are used. Unless otherwise expressly stated or unless the context clearly indicates a different intent, the following terms shall, for the purpose of this chapter, have the following meanings: ABANDONED Any building or portion thereof which has stood BUILDING: with an incomplete exterior shell for six (6) months or longer or any building or portion thereof which is unoccupied and which meets one or more of the following criteria: A. Is unsecured; or B. Is in violation of the city of Dubuque housing code, building code or fire code. City of Dubuque 14-4-1 14-4-1 BUILDING CODE: The international building code promulgated by the International Code Council, as adopted in section 14-1A-1 of this title. CITY MANAGER: Includes the city manager's designee. DANGEROUS Any building or structure which has any or all of BUILDING: the conditions or defects hereinafter described; provided, that such conditions or defects exist to the extent that the life, health, property or safety of the public or the occupants of the building are endangered: A. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. B. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. C. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half (11/2) times the working stress or stresses allowed in the building code for new buildings of similar structure, purpose or location. D. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially Tess than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location. E. Whenever any portion or member or appurte- nance thereof is likely to fail, or to become City of Dubuque 14-4-1 14-4-1 detached or dislodged, or to collapse and thereby injure persons or damage property. F. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half (1/2) of that specified in the building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the building code for such buildings. G. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. H. Whenever the building or structure, or any portion thereof, is likely to partially or completely collapse because of: 1. Dilapidation, deterioration or decay; 2. Faulty construction; 3. The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; 4. The deterioration, decay or inadequacy of its foundation; or 5. Any other cause. I. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. J. Whenever the exterior walls or other vertical structural members list, lean or buckle to such City of Dubuque 14-4-1 14-4-1 an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third (1/3) of the base. K. Whenever the building or structure, exclusive of the foundation, shows thirty three percent (33%) or more damage or deterioration of its supporting member or members, or fifty percent (50%) damage or deterioration of its nonsupporting members, enclosings or outside walls or coverings. L. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become: 1) an attractive nuisance to children; 2) a harbor for vagrants or criminals; or as to 3) enable persons to resort thereto for the purpose of committing unlawful acts. M. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this city, as specified in the building code or housing code, or of any law or ordinance of this state or city relating to the condition, location or structure of buildings. N. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion Tess than fifty percent (50%), or in any supporting part, member or portion less than sixty six percent (66%) of the: 1) strength; 2) fire resisting qualities or characteristics; or 3) weather resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. 0. Whenever a building or structure, used or intended to be used for dwelling purposes, City of Dubuque 14-4-1 14-4-1 FIRE CODE: HOUSING CODE: NUISANCE: because of inadequate maintenance, dilapida- tion, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the health officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. P. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard. Q. Whenever any building or structure is in such condition as to constitute a public nuisance known to the common law or in equity jurisprudence. R. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. International fire code, 2003 edition, as adopted by chapter 1, article E of this title. The city of Dubuque residential housing code, as adopted in section 6-6-1 of this code. Each of the following shall be defined as a "nuisance": A. Any public nuisance known at common law or in equity jurisprudence. B. Any attractive nuisance which may prove detrimental to persons whether in a building, on City of Dubuque 14-4-1 14-4-1 VACANT BUILDING: the premises of a building, or upon an unoccupied lot. C. Whatever is dangerous to human life or is a menace to the public health, welfare or safety as determined by the city manager. D. A building that is structurally unsafe, unsanitary or not provided with adequate safe egress, or that constitutes a fire hazard, or otherwise constitutes a hazard by reason of inadequate maintenance, dilapidation or obsolescence or abandonment. E. Uncleanliness to the risk of unhealthiness, as determined by the city manager. F. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the city manager. Any building or separate portion of a building as determined by the city manager or the city manager's designee which is: A. Unoccupied and unsecured; B. Unoccupied and secured by means other than those used in the design of the building; C. Declared a "dangerous building" as defined in this section; D. Unoccupied and unfit for occupancy as determined by the city manager; E. Unoccupied and has housing, building, fire, health or zoning code violations; F. Unoccupied for a continuous period of time over twelve (12) months; G. Unoccupied and open to vagrants, vandals, children or the unwary; City of Dubuque 14-4-1 14-4-4 H. Unoccupied and not maintained by owner or responsible party; or I. Unoccupied and not receiving service by public utilities. (Ord. 44-07, 8-6-2007) 14-4-2: VACANT AND/OR ABANDONED BUILDING LICENSE: No person or business shall maintain a vacant or abandoned building as defined by this chapter, in the city unless such person or business holds a current unrevoked abandoned or vacant building license, issued by the city manager, in the name of the owner/operator for the specific named building. (Ord. 44-07, 8-6-2007) 14-4-3: REGISTRATION: A. Registration Required: The owner shall register a vacant or abandoned building with the city manager not later than thirty (30) calendar days after any building in the city becomes abandoned or vacant as defined in this chapter. Failure to register an abandoned or vacant building or providing false information to the city manager shall be a violation of this chapter. B. Information: The registration shall include the following information: 1. A description of the premises; 2. The names and addresses of the owner or owners; 3. The names and addresses of all known lien holders and all other parties with an ownership interest in the building; 4. The name of the agent designated to act on the behalf of an out of town property owner to accept legal processes and notices, and to authorize repairs as required; and 5. The period of time the building is expected to remain vacant and/or a plan and timetable to comply with applicable city codes. (Ord. 44-07, 8-6-2007) 14-4-4: FEES: The owner of a vacant or abandoned building shall pay an annual fee reasonably related to the administrative cost of City of Dubuque 14-4-4 14-4-7 registering and processing the registration form and the costs of the city in monitoring and inspecting the property as established by the city manager and shall be paid in full prior to the issuance of any permits or acceptance of the registration form for the subject property. (Ord. 44-07, 8-6-2007) 14-4-5: TERMS OF LICENSES: A. License Term: Every license issued under this chapter shall expire on December 31 of the year in which issued and shall become delinquent on March 31 of the year due. B. Application For Renewal: Upon application, a license 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 code. C. Transfer: Licenses may be transferred from one person or business to another, provided notice of the transfer is given in writing within five (5) working days of the transfer, to the city manager. D. Nontransferable From Building To Building: Licenses shall not be transferable from one building to another. E. Notify City Of Transfer Or Disposal: Every person or business holding a 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 building. Such notice shall include the name and address of the persons or businesses succeeding to the ownership or control of such licensed building. (Ord. 44-07, 8-6-2007) 14-4-6: INSPECTIONS: The owner shall allow inspection of the building by city representatives upon request and shall allow annual inspection of the interior and exterior of the premises for the purpose of enforcing and assuring compliance with the provisions of this chapter and the housing, building and fire codes. (Ord. 44-07, 8-6-2007) 14-4-7: RENEWAL LICENSES: The city manager is hereby authorized to issue and renew vacant or abandoned building licenses for specific buildings, in the names of the applicant owners, operators or managers, provided the following criteria are met: City of Dubuque 14-4-7 14-4-9 A. Building In Compliance With Regulations: The building for which the license is sought is warranted by the owner or operator to substantially comply with applicable provisions of this code. B. Application By Owner: The owner or operator legally authorized and responsible for maintenance of the building for which a vacant or abandoned building license is sought shall first make application therefor on an application provided by the city manager. C. Payment Of Fees: All fees required by this code pursuant to the issuance of a vacant or abandoned building license are paid in full to the city. D. Agent Of Owner/Operator: The applicant shall designate a responsible agent to represent the owner/operator whenever the said applicant is not available for maintenance of the building for which a license is sought. Said agent shall have full authority and responsibility, the same as the owner/operator, for maintaining the building. (Ord. 44-07, 8-6-2007) 14-4-8: RENEWAL, PENALTY FOR FAILURE TO RENEW LICENSE: An application for renewal of a vacant or abandoned building license may be made within sixty (60) days prior to the expiration of an existing operating license. Application for renewal of vacant or abandoned building licenses shall be due on January 1. Application may be made and license fees paid until March 31 without penalty. Each day that the owner fails to renew such license as required by this chapter shall constitute a separate violation for which a municipal infraction citation may be issued. (Ord. 44-07, 8-6-2007) 14-4-9: REVOCATION, REINSTATEMENT MEASURES: If a vacant or abandoned building license is revoked by the city manager for noncompliance with any applicable provisions of this code, the owner/operator of the building shall be given thirty (30) days to comply with the provisions of this code. Extensions of such thirty (30) day period may be granted at the discretion of the city manager. Upon expiration of the thirty (30) day period, or any extension thereof, if the building continues to be noncompliant, a municipal infraction will be issued. (Ord. 44-07, 8-6-2007) City of Dubuque 14-4-10 14-4-10 14-4-10: RELATIONSHIP OF LICENSE TO OTHER CODES: The issuance of any license for any vacant or abandoned building shall not in any way signify or imply that the building conforms with the Iowa state building code or the housing, building, zoning, fire ordinances or other ordinances of the city. The issuance of a license shall not relieve the owner or operator of the responsibility for compliance with said applicable housing, building, zoning, fire or other applicable codes and ordinances. (Ord. 44-07, 8-6-2007) City of Dubuque 16-10-7 16-10-7 7. Shot Tower: The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter: The Shot Tower structure situated on River Front Sub 1, located at terminus of Commercial Street. 8. Four Mounds Estate Landmark Site: The property hereinafter described is hereby designated as a landmark site, according to the provisions of this chapter: The buildings, structures, objects, sites, and property situated on Lot 1-1-2-1 & Lot 1-1-2-1-1 of SW -NW & Gov 1 & min Lot 331 & Lot 1 -7 -SW & Lot 2 -NW -NW all in Sec 1 of T89N-R2E & Lot 1 & Lot 2-1-1-1 of Sub of 1-7 SW and SW of NW Sec 1 T89N-R2E & Gov Lot 1 a/k/a min Lot 331 & Lot 1-1-4, 2-2-4, 2-1-2-4, Lot 2 & 3 of SW Sec 1 of T89N-R2E & Lot 1 Fountain Hill re -sub & Lot 16 John Deere Dub Tractor Works & Lot 2-1-1-2-2 of SE 1/4 NE 1/4 Sec 2 of T89N-R2E 5th, commonly known as 4900 Peru Road. 9. Carnegie Stout Public Library: The property hereinafter described is hereby designated as a landmark, according to the provisions of this chapter: The buildings situated on City Lot 658A, City Lot 659, City Lot 660, balance of City Lot 658, commonly known as 360 West 11th Street. C. Individually Designated Historic Properties: The properties herein- after described are hereby designated as individually designated historic properties, according to provisions of this chapter: 1. The buildings, structures, objects, sites, and property situated on E 1/2 Lot 36, E 15' W 1/2 Lot 36, Lot 37 Prospect Hill Addition, commonly known as 565 Fenelon Place. 2. The buildings, structures, objects, sites and property situated on Lots 22 & 23 and the N 46 feet of Lot 25 LH Langworthy's Sub, also known as 216 Clarke Drive. 3. The buildings, structures, objects, sites and property situated on Lots 16 and 17 of the West 1/2 of Block 1 of Dubuque Harbor Company Addition to the City of Dubuque, Iowa, also known as 40 & 42 Main Street. (Ord. 52-09, 10-19-2009) City of Dubuque 16-10-7 16-10-8 4. The buildings, structures, objects, sites and property situated on Lot 20 Staffords Add., also known as 2537 Windsor Avenue. 5. The buildings, structures, objects, sites and property situated on Lots 13, 14 & 15 of W 1/2 Blk 1 Dubuque Harbor Co. Add., also known as 44 Main Street. (Ord. 3-10, 1-19-2010) 16-10-8: DEMOLITION OF LANDMARKS, SITES AND HISTORIC DISTRICTS: A. Demolition Generally: Demolition of landmarks, landmark sites, individually designated historic properties or structures within historic districts is prohibited unless, upon application and after hearing, the commission issues a certificate of appropriateness or a certificate of economic nonviability pursuant to section 16-10-9 of this chapter. B. Demolition By Neglect Prohibited: The owner of a building or structure in any historic district, or of a landmark or landmark site, or individually designated historic property shall keep in good repair all the exterior portions of such buildings or 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 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 Toads 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; City of Dubuque 16-11-15 16-11-16 sound phonetically similar to existing street names in the city or county of Dubuque. Street names shall be approved by the commission and city council. Easements: Easements shall be provided as determined necessary for public utility requirements. Public utility easements shall be a minimum of ten feet (10') in width and may vary as needed. Storm sewer and sanitary sewer easements and water main easements shall be a minimum of twenty feet (20') in width. J. Curbs: 1. Curb requirements and construction shall be in accordance with the city standards. 2. Where curbing is not required, as in planned developments or within two (2) miles of the city limits, edge definition and stabilization shall be furnished as recommended by the city engineer. Shoulders and swales shall be reviewed on a case by case basis with the city engineer. 3. Curbing shall be designed to provide a ramp for wheelchairs and handicapped access as required by state and federal law and city standards. K. Complete Streets Policy: Reserved for future use. (Ord. 52-09, 10-19-2009) 16-11-16: SIDEWALKS: A. Sidewalks shall be required on all public street frontages and constructed of concrete or permeable pavement in accordance with the city and ADA standards. B. Sidewalks shall be placed five feet (5') behind the curb parallel to the street, unless an exception has been permitted by the city engineer to preserve topographical or natural features or to provide visual interest, or unless the subdivider shows that an alternative pedestrian system provides safe and convenient circulation. C. In planned developments, sidewalks may be located away from the road system to link dwelling units with other dwelling units, the street and on site activity centers such as parking areas and recreational City of Dubuque 16-11-16 16-11-20 areas. They may also be required parallel to the street for safety and other reasons. D. Sidewalk installation shall be the responsibility of the owner of property abutting the public right of way. This responsibility shall extend to all successors, heirs and assignees. Sidewalk installation shall be required when the development of a lot has been completed. All vacant Tots shall have sidewalks installed upon development of eighty percent (80%) of the lots shown on the approved final plat. (Ord. 52-09, 10-19-2009) 16-11-17: BIKEWAYS: A. Separate bicycle paths shall be required in accordance with the comprehensive plan. B. Bicycle lanes, where required, shall be placed in the outside lane of a roadway adjacent to the curb or shoulder. When on street parking is permitted, the bicycle lane may share the parking or travel lane where feasible. Lanes shall be delineated with markings, preferably striping. Raised reflectors or curbs shall not be used. (Ord. 52-09, 10-19-2009) 16-1 1-18: UTILITY LOCATION: Utilities shall generally be located within the right of way on both sides of and parallel to the street, in accordance with the city standards. (Ord. 52-09, 10-19-2009) 16-11-19: STREET TREES: Street trees shall be located within the right of way on both sides of and parallel to the street, in accordance with subsection 6-8-1B of this code and the "City Of Dubuque Street Tree And Landscaping On Public Right Of Way Policy". (Ord. 52-09, 10-19-2009) 16-11-20: WATER SUPPLY: A. All water supply installations for major and minor subdivisions in the city limits shall be properly connected with an approved and functioning public water supply system. City of Dubuque 16-11-20 16-11-21 B. If a public water supply system is to be provided to the area within a three (3) year period as indicated in the comprehensive plan, the city council may require installation of a capped system within the street or road right of way; or the city council may require a payment in lieu of the improvement. C. All proposals for new public water supply systems or extensions to existing public water systems, or the use of wells and other water sources, shall be approved by the water department manager. D. The water supply system shall be adequate to handle the necessary flow based on complete development of the subdivision and exten- sions of the system to areas beyond the subdivision. Water supply system design and placement shall comply with the city standards. E. Fire hydrant size, type, location and installation shall comply with the minimum city standards. (Ord. 52-09, 10-19-2009) 16-11-21: SANITARY SEWER: A. All sanitary sewer installations for major and minor subdivisions shall be properly connected to an approved and functioning sanitary sewer system in accordance with the city standards. B. If a public sanitary sewer system will be provided to the area within a three (3) year period as indicated in the comprehensive plan, the city council may require installation of a capped system within the street or road right of way; or the city council may require a payment in lieu of the improvement. C. All proposals for new public sanitary sewer systems, extensions to existing public sanitary sewer systems or the installation of a capped system, or use of individual subsurface disposal systems, shall be approved by the city engineer. D. The sanitary sewer system shall be adequate to handle the neces- sary flow based on complete development of the subdivision and extensions of the system to areas beyond the subdivision. Sanitary sewer system design and placement shall comply with the city standards. (Ord. 52-09, 10-19-2009) City of Dubuque 16-11-22 16-11-24 16-11-22: STORMWATER, GRADING AND EROSION CONTROL: A. Design of the stormwater, grading and erosion control management system shall be consistent with general and specific concerns, values, and standards of the comprehensive plan and applicable county, regional, and state storm drainage control programs. Design shall be in accordance with the city standards and this title. B. The best available technology shall be used to minimize the impact to adjacent properties, off site stormwater runoff, increase on site infiltration, encourage natural filtration functions, simulate natural drainage systems, and minimize off site discharge of pollutants to ground and surface water, in accordance with the city. standards, this title, state and federal regulations. C. Preliminary and final grading and erosion control plans shall comply with title 14, chapter 12 of this code and the city standards. (Ord. 52-09, 10-19-2009) 16-11-23: OBLIGATION TO INSTALL IMPROVEMENTS: Improve- ments including streets, sanitary sewers, stormwater management facilities, water mains, streetlights, street trees, and sidewalks shall be installed by the owner in accordance with city standards, the approved final plat, and the approved improvement plans. Improvements shall be installed within the time frame specified in the resolution approving the final plat and improvement plans. (Ord. 52-09, 10-19-2009) 16-11-24: IMPROVEMENT GUARANTEES: A. Application: Before the recording of final plats, or as a condition of approval of final plats, the city council shall require the following guarantees: 1. The furnishing of a performance guarantee by the owner in an amount not less than one hundred ten percent (110%) of the cost of construction of required improvements. Upon determination by the city engineer that a required improvement is substantially complete, the amount of such guarantee shall be reduced to twenty five percent (25%) of the cost of construction of the required improve- ment. "Substantially complete" shall mean that the required improve- ment has been inspected by the city engineer and determined by the City of Dubuque 16-11-24 16-11-24 city engineer to be constructed in accordance with the approved plans and specifications; and 2. Provision for a maintenance guarantee in the amount of twenty five percent (25%) of the cost of the required improvements by the owner for a period of two (2) years after final acceptance of the improvements by the city council; and 3. The owner shall pay required inspection fees equal to three percent (3%) of the construction costs of the required improvements. B. Time Extension: The time allowed for installation of the improve- ments for which the performance guarantee has been provided may be extended by the city council by resolution. C. Inspection: Upon completion of all required improvements, the owner shall notify the city engineer in writing of the completion of improvements. The city engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the city manager and property owner, indicating either approval or rejection of such improvements with a statement of reasons for any rejection. D. Performance And Maintenance Guarantees: Performance and maintenance guarantees may be provided by a variety of means subject to the approval of the city including, but not limited to, the following: 1. Surety Bond: The owner may obtain a surety bond from a surety bonding company authorized to do business in the state; or 2. Letter Of Credit: The owner may provide an irrevocable letter of credit on a form provided by the city and from a financial institution acceptable to the city; or 3. Escrow Account: The owner may deposit cash, or cash equivalent, either with the city, or with a financial institution acceptable to the city, pursuant to an escrow agreement acceptable to the city; or 4. Certificate Of Deposit: The owner may deposit a certificate of deposit in the name of the city, with a financial institution acceptable to the city. (Ord. 52-09, 10-19-2009) City of Dubuque -B- -B- BICYCLES (cont.) Bicycle Dealers And Repair Shops 7-7-37 Bicycle In Crosswalk 7-7-18 Bicycle Not To Pass In Or Between Lanes 7-7-16 Bicycle Parking 7-7-10 Bicycle Parking Required 16-14-9 Bicycle Records 7-7-32 Bicycle To Be Driven To The Right 7-7-11 Bicycle Turn Signals 7-7-12 Bicycles; Motor Vehicles And Traffic 9-1-321.2C Clinging To Vehicles 7-7-8 Definitions 7-7-5 Equipment 7-7-6 Following Fire Apparatus 7-7-9 Intent And Purpose 7-7-1 Left Turns By Bicycles 7-7-13 Parking Lot Provisions For Bicycle Parking 16-13-3-5-1 Passing On Right 7-7-14 Passing Within Lane Prohibited 7-7-15 Reckless Operator Of A Bicycle 7-7-20 Registration Fees 7-7-31 Registration Required 7-7-30 Registration Sticker Or Decal 7-7-33 Rental Agencies 7-7-36 Replacement Of Registration Sticker Or Decal 7-7-34 Required Method Of Riding A Bicycle 7-7-7 Riding Abreast 7-7-17 Violation 7-7-38 BOARD OF LIBRARY TRUSTEES Annual Reports 2-7-7 Charge Of Building, Donations 2-7-6 Compensation 2-7-3 Composition 2-7-1 Eligibility For Membership 2-7-2 Powers And Duties Generally 2-7-5 Terms Of Members; Filling Of Vacancies 2-7-4 BOARDS AND COMMISSIONS Airport Commission 12-1 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 February 2012 City of Dubuque -B- -B- BOARDS AND COMMISSIONS (cont) Enterprise Zone Commission 3-4B Environmental Stewardship Advisory Commission 2-6 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 Safe Community Advisory Committee 2-10 Sister City Relationships Advisory Commission 2-9 Transit Advisory Board 5-1 Zoning Advisory Commission 16-9 Zoning Board Of Adjustment 16-8 BOATS, BOATING AND WATERFRONT STRUCTURES Activities Prohibited 10-7-13 Boat Landing Areas 10-7-4 Conducting Trade Or Business In Pleasure Craft Spaces 10-7-7 Definitions 10-7-2 Driving Over Ice 10-7-14 Floats, Boathouses Maintained In Orderly Condition 10-7-6 Intent 10-7-1 Launching, Removing Boat From Water At Public Launching Ramps 10-7-8 Mooring Of Boathouses And Floats Along Waterfront 10-7-5 No Parking Areas 10-7-12 Removal Of Sunken, Derelict Or Abandoned Craft 10-7-11 Repairs To Boats At Public Launching Ramps 10-7-9 Unlawful Deposits 10-7-3 Water Operation Rules 10-7-10 BUILDING AND DEVELOPMENT Building Codes 14-1 Accessibility Code For Readily Achievable Changes 14-11 Building Code And Regulations 14-1A Electrical Code 14-1D Energy Conservation Code 14-1C Fire Code And Regulations 14-1E Fuel Gas Code 14-1G Mechanical Code 14-1F Plumbing Code 14-1H Residential Code 14-1B February 2012 City of Dubuque CABLE RIGHT OF WAY REGULATIONS (cont.) 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 May 2011 City of Dubuque -c- -c- CABLE RIGHT OF WAY REGULATIONS (cont.) Rights Of Individuals Protected 11-2A-19 System Tests And Inspections 11-2A-14 Title 11-2A-1 Transfers 11-2A-18 Use Of Public Property 11-2A-9 Construction Standards 11-2-9 Definitions 11-2-5 Enforcement 11-2-21 Indemnification 11-2-22 Insurance 11-2-20 Legislative Findings 11-2-2 Open Video Systems Applicability Of Chapter 11-2B-1 Application For Open Video System Authorization 11-2B-2 Fee In Lieu Of Franchise Fee 11-2B-3 Public, Educational And Governmental Access Obligations 11-2B-4 Right Of Way Usage 11-2B-5 Placement Of Facilities 11-2-10 Purposes 11-2-3 Reimbursement Of Costs 11-2-15 Relocation Of Facilities 11-2-11 Reports And Records 11-2-18 Reservation Of Rights; Police Power 11-2-7 Restoration 11-2-12 Rules Of Construction 11-2-4 Severability 11-2-23 Title 11-2-1 Work Permits 11-2-13 CABLE TELEVISION Cable Franchise Agreement Channels And Facilities For Public, Educational And Governmental Use 11-3A-6 Definitions 11-3A-1 Exhibit A; Acceptance Of Franchise By Grantee 11-3A-11 Exhibit B; I -Net Site List 11-3A-12 Franchise Fee 11-3A-7 Grant Of Authority; Limits And Reservations 11-3A-2 Liabilities 11-3A-8 Miscellaneous Provisions 11-3A-10 Performance Guarantees And Remedies 11-3A-9 Provision Of Cable Service 11-3A-4 System Facilities, Equipment And Services 11-3A-5 Transfers 11-3A-3 City of Dubuque CABLE TELEVISION (cont) Cable Regulatory Commission Commission Established; Purposes And Duties 11-3C-2 Intent 11-3C-1 Meetings; Procedures 11-3C-4 Membership; Terms; Officers 11-3C-3 Cable Services Customer Service Standards Application Of Provisions 11-3E-2 Complaints 11-3E-5 Conflict 11-3E-4 Enforcement Agency 11-3E-3 Federal Communications Commission Customer Service Obligations Adopted 11-3E-1 Violation 11-3E-6 Community Tele -Programming Commission Commission Established; Purposes And Duties 11-3B-2 Intent 11-3B-1 Meetings; Procedures 11-3B-4 Membership; Terms; Officers 11-3B-3 Rates And General Regulations Authority 11-3D-1 Definitions 11-3D-2 Misappropriation Of Cable Services 11-3D-7 Monthly Subscriber Rates And Charges 11-3D-5 Rate Setting 11-3D-6 Refunds For Cancellations 11-3D-4 Subscriber Payments 11-3D-3 CARELESS DRIVING 9-7-321.277A CATS (See Also ANIMAL CONTROL) 7-6B CENTRAL MARKET Display Permit Restricted To Central Market Area 4-4-5 Farmers' Market; Display Of Merchandise 4-4-2 Inspection; Confiscation Of Food Unfit For Consumption 4-4-9 Market Area Delineated 4-4-1 Market Master Designated; Duties Generally 4-4-7 Market Stalls Established; Issuance Of Permits 4-4-3 Restricted Parking In Central Market 4-4-4 Revocation Of Permit 4-4-6 Traffic Regulations 4-4-8 Weights And Measures 4-4-10 CHARTER Citation As Charter 1-5-2 Form Of Government 1-5-3 Powers And Duties 1-5-4 Purpose 1-5-1 CITY ATTORNEY 1-7-6 City of Dubuque 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 Purpose 1-6A-1 May 2011 City of Dubuque -NA - MAYOR AND CITY COUNCIL (cont.) 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 14-1F-3 International Mechanical Code Adopted 14-1 F-1 International Mechanical Code Amendments 14-1F-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 Parental Responsibility For Tobacco Products To Underage Persons Underage Persons Entering Gambling Facilities MISDEMEANOR (See Also GENERAL PENALTY, CITY CODE) MOTOR VEHICLES AND TRAFFIC Drivers' Licenses Generally Operation Of Motor Vehicle With Expired License Operation Without Registration 4-6-6 7-5D 7-5A-15 7-5A-14 1-4 May 2011 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 -P- -R- PUBLIC UTILITIES (cont.) Water Use And Service 13-1 Connections 13-1A Cross Connection Control 13-1D Rates 13-1C Water Meters 13-1B PUBLIC WAYS AND PROPERTY Boats, Boating And Waterfront Structures 10-7 Encroachments On Public Places 10-3 Mailboxes 10-3F Newsracks 10-3B Other Encroachments 10-3D Projecting Signs 10-3C Sidewalk Cafes 10-3E Waste Collection Receptacles 10-3A Excavations 10-2 Parades And Assemblies 10-4 Parks And Recreation 10-5 Administration 10-5A Specific Parks 10-5C Use Regulations 10-5B Railroads 10-6 Streets, Sidewalks And Other Public Places 10-1 Q R RABIES CONTROL (See Also ANIMAL CONTROL) RAILROADS Maintenance Of Crossings, Rights Of Way Parking Near Certain Streets Prohibited Speed Restrictions Unlawful Deposits 7-6C 10-6-3 10-6-5 10-6-1 10-6-2 Use Of Certain Track As Team Track Restricted 10-6-4 RECKLESS DRIVING 9-7-321.277 RESIDENTIAL CODE International Residential Code Adopted 14-1B-1 International Residential Code Amendments 14-16-2 RESIDENTIAL RELOCATION ASSISTANCE PROGRAM (See Also ECONOMIC DEVELOPMENT) 3-4D RESIDENTIAL ZONING DISTRICTS 16-5-2 — 16-5-6 City of Dubuque -R- -R- RESOLUTIONS (See ORDINANCES AND RESOLUTIONS) REVENUE AND TAXATION Economic Development Enterprise Zone Commission 3-4B Industrial Projects 3-4A Residential Relocation Assistance Program 3-4D Speculative Shell Buildings Of Community Development Organizations And For Profit Entities 3-4C Hotel And Motel Tax 3-3 Property Tax 3-1 Revitalization Areas 3-2 REVITALIZATION AREAS Cathedral 3-2-9 Jackson Park 3-2-2 Langworthy 3-2-7 Old Main 3-2-8 Purpose 3-2-1 Stout Place 3-2-6 Upper Main 3-2-5 Washington Street 3-2-4 West Eleventh Street 3-2-3 RIGHTS OF WAY Cable Right Of Way Regulations 11-2 Cable Communications 11-2A Open Video Systems 11-2B Cable Television 11-3 Cable Franchise Agreement 11-3A Cable Regulatory Commission 11-3C Cable Services Customer Service Standards 11-3E Community Tele -Programming Commission 11-3B Rates And General Regulations 11-3D Electric Franchises 11-5 Interstate Power Company 11-5A Maquoketa Valley Electric Cooperative 11-5B Gas Franchise 11-4 Nonfranchised Communications Systems Amendment To License 11-1-5 Application For License 11-1-3 Construction Of Chapter 11-1-16 Definitions 11-1-1 Failure To Secure, Renew Or Comply With License 11-1-11 Granting Of License 11-1-4 Hold Harmless; Insurance; Bond 11-1-10 License Fees 11-1-8 License Required 11-1-2 Notice; Appeal 11-1-15 City of Dubuque