Supplement No. 11 - Code of Ordinances - November 2012STERLING ,CODIFIERS
3906 Schreiber Way
Coeur d'Alene, ID 83815`
(208) 665-7193
INSTRUCTION SHEET:
REMOVE PAGE HEADED
Preface
DUBUQUE, Iowa
Supplement No. 11/November; 2012.
Includes Ordinances: 45-12 through 56-12
VOLUME
TABLE OF CONTENTS:
Table Of Contents, Title 1, Administration
TITLE 1:
1
7-7, deposited checks returned for
TITLE 4:
4-215-1, Chapter 2, Article B. Liquor, Beer
4-2B-12, 1. If surrendered during the first
and:following three pages
TITLE 7:
Title 7, Police, Fire And Public Safety
TITLE 9:
9-1-321.1, highway for a distance of three
and following page
9-7-321.285, one" hundred feet (1,100'). south.
9-14-321.621, said vehicle is parked in such
9-14-321.665, that the motor vehicle occupying
and following two pages
9-16-321.800, Chapter 16, Miscellaneous
and following two pages
INSERT NEW PAGE HEADED
VOLUME II
Preface
Table Of Contents, Title ".1, Administration
1-7-7, deposited checks returned for
4-2B-1, Chapter 2, Article B. Liquor, Beer
4-2B-12, 1.' If surrendered duringthe first
and following three pages
Title 7, Police, Fire And Public Safety
7-5E-1, Chapter 5, Article E. Social Host
and following two pages
(insert immediately after page headed.
7-5D-1, Chapter 5, Article D, Parental)
9-1-321.1, highway for a distance of three
and following page
9-7-321.285, one hundred feet (1,100') south.
9-1.4-321:621, said vehicle is parked in such
and following page
9-14-321.665, that the motor vehicle occupying_
and following two pages
9-16-321.800, Chapter 16, Miscellaneous
and following two pages
TABLE OF CONTENTS:
Table Of Contents, Title 1, Administration Table Of Contents, Title 1, Administration
REMOVE PAGE HEADED
INSERT NEW PAGE HEADED
TITLE 13:
13-1 C-1, reason, consumption will
and following page
13-2C-5, 13-2C-5:Lien For Failure To Pay
13-4-10, with such covenant and shall certify
13 6A 6, 4. An additional fee of twelve
INDEX:
-H-, Human Rights (cont.)
and following two pages
-0-, Offenses (cont.)
13-1C-1 reason, consumption will be
and following page
13-2C-5, 13-2C-5: Lien For Failure To Pay
13-4-10, with such covenant and shall certify
13-6A-6, 4. An additional fee of twelve
-H-, Human Rights (cont.)
and following two pages
-0-, Offenses (cont.)
and following page
OFFENSES (cont.)
Procedure For Enforcement 7-5C-4
Service Of Notice 7-5C-6
Specified Crime Property Prohibited 7-5C-2
Drug Paraphernalia
Drug Paraphernalia Defined 7-5B-1
Prohibited Acts 7-5B-2
Sniffing Glue Or Other Chemical Substances 7-5B-4
Under The Influence Of Controlled Substance 7-5B-3
General Offenses
Advertising Materials; Billposting; Littering 7-5A-5
Aggressive Panhandling Prohibited 7-5A-17
Criminal Mischief 7-5A-12
Defacing Notices 7-5A-6
Disorderly Conduct 7-5A-1
False And Fraudulent Reports 7-5A-3
False Representation Of Records Or Processes 7-5A-4
Hunting And Target Practice Permitted 7-5A-16
Loitering For Illegal Purposes 7-5A-7
Offenses Relating To Officers And Employees 7-5A-2
Professional Boxing Elimination Tournaments 7-5A-13
Public Urination Or Defecation 7-5A-9
Ringing Of Bells Or Gongs 7-5A-8
Tobacco Products To Underage Persons 7-5A-15
Unauthorized Computer Access 7-5A-11
Underage Persons Entering Gambling Facilities 7-5A-14
Weapons, Firearms And Fireworks 7-5A-10
Parental Responsibility
Definitions 7-5D-1
Penalties 7-5D-4
Reasonable Control Over Minor 7-5D-2
Violation 7-5D-3
OFFICE ZONING DISTRICTS 16-5-7, 16-5-8, 16-5-9
OFFICERS AND EMPLOYEES, CITY
Bonds Of Officers And Employees 1-7-1
City Attorney 1-7-6
City Clerk And Assistant City Clerk 1-7-5
City Manager 1-7-4
Deposits Of City Funds 1-7-2
Finance Director -City Treasurer 1-7-7
Offenses Relating To Officers And Employees 7-5A-2
Transfer Of Records And Property To Successor 1-7-3
OPEN VIDEO SYSTEMS (See Also CABLE RIGHT OF WAY
REGULATIONS) 11-2B
ORDINANCES AND RESOLUTIONS
Effect Of Repeal Of Ordinance 1-6A-2
Ordinances, Resolutions And Motions 1-6A-12
May 2011
City of Dubuque
-P- -P-
P
PARADES AND ASSEMBLIES
Events On Private Property; Permit Requirements 10-4-3
Parade, Assembly, Valet Drop Off Parking, Permit
Requirements 10-4-1
Unlawful Assembly 10-4-2
PARKING REGULATIONS 9-14-321.600 — 9-14-321.744
PARKS AND RECREATION
Administration
Park And Recreation Advisory Commission 10-5A-2
Park Rangers 10-5A-1
Specific Parks
Specific Park Areas Described 10-5C-1
Use Regulations
Climbing On Fences, Roofs 10-5B-13
Compliance With Motor Vehicle Laws, Ordinances 10-5B-20
Definitions 10-5B-1
Dogs, Cats And Other Domestic Animals 10-5B-4
Fires 10-5B-17
Horsedrawn Vehicles, Riding Of Animals Restricted 10-5B-3
Interfering With Animals 10-5B-7
Intoxicating Beverages 10-5B-2
Loosening Stones From Bluffs Prohibited 10-5B-18
Meetings And Gatherings 10-5B-16
Moving Benches And Tables 10-5B-14
Obstructions 10-5B-9
Open Season And Hours Generally 10-5B-22
Possession Of Firearms, Weapons And Fireworks 10-5B-12
Posting Bills, Notices Or Signs 10-5B-10
Removal Of Unattended Vehicles Left After Closing
Hours 10-5B-21
Sales Restricted 10-5B-11
Throwing Stones Or Other Missiles 10-5B-6
Unlawful Deposits 10-5B-8
Use Of Spotlights, Searchlights 10-5B-15
Walking On Grass 10-5B-5
Washing Vehicles 10-5B-19
PAWNBROKERS (See Also JUNK AND SECONDHAND
DEALERS AND PAWNBROKERS) 4-6
PEDDLERS AND TRANSIENT MERCHANTS
Application; Investigation Fee 4-9-3
Bond Required 4-9-4
Central Market 4-9-11
Definitions 4-9-1
Fees 4-9-6
May 2011
City of Dubuque
MOTOR VEHICLES AND TRAFFIC (cont.)
Obedience To And Effect Of Traffic Laws
All -Terrain Vehicles; Highway Use 9-5-321.234A
Obedience To Peace Officers Required 9-5-321.229
Privileges Of Authorized Emergency Vehicles 9-5-321.231
Operation
Accidents
Duty Of Driver To Give Information, Aid 9-7-321.263
Duty Of Driver Upon Striking Fixtures Upon
Highway 9-7-321.265
Duty Of Driver Upon Striking Unattended Vehicle . 9-7-321.264
Duty Of Driver When Damage Is To Vehicle Only . 9-7-321.262
Reports Required 9-7-321.266
Criminal Offenses
Careless Driving 9-7-321.277A
Drag Racing Prohibited 9-7-321.278
Open Containers In Motor Vehicles; Drivers 9-7-321.284
Open Containers In Motor Vehicles; Passengers . 9-7-321.284A
Reckless Driving 9-7-321.277
Driving On Right Side Of Roadway; Overtaking And
Passing
Driving On Right Hand Side Of Roadway;
Exceptions 9-7-321.297
Following Too Closely 9-7-321.307
Limitations On Overtaking On Left 9-7-321.303
Meeting And Turning To Right 9-7-321.298
One -Way Streets 9-7-321.305
Overtaking, Passing On Right 9-7-321.302
Passing Generally 9-7-321.299
Prohibited Passing 9-7-321.304
Roadways Laned For Traffic 9-7-321.306
Operation Of Motorcycles And Motorized Bicycles
Electric Personal Assistive Mobility Devices 9-7-321.276A
Motorcycles And Motorized Bicycles 9-7-321.275
Use Of Bicycles, Motorcycles In Parks 9-7-321.275A
Use Of Certain Nonmotorized Vehicles,
Conveyances, And Equipment In Certain Places
In City 9-7-321.276
Right Of Way
Backing Vehicle On Highway 9-7-321.323
Entering Intersections From Different Highways . 9-7-321.319
Entering Through Streets 9-7-321.321
Funeral Processions 9-7-321.324A
Left Turns At Intersections 9-7-321.320
Operation On Approach Of Emergency Vehicles 9-7-321.324
Stop And Yield Intersections 9-7-321.322
May 2011
City of Dubuque
MOTOR VEHICLES AND TRAFFIC (cont.)
Speed Restrictions
Control Of Vehicle 9-7-321.288
Limits Generally 9-7-321.285
Minimum Speed 9-7-321.294
Signs To Be Erected 9-7-321.289
Speeding Violation Form 9-7-321.291
Traffic Signs, Signals And Markings
Interference With Signs, Signals, Or Devices;
Unlawful Possession 9-7-321.260
Obedience To Official Traffic Control Devices 9-7-321.256
Official Traffic Control Signals 9-7-321.257
Unauthorized Signs, Signals Or Markings 9-7-321.259
Turning And Starting And Signals On Stopping And
Turning
Method Of Giving Hand And Arm Signals 9-7-321.318
Signal Required When Stopping Or Decreasing
Speed Suddenly 9-7-321.316
Signals By Hand And Arm Or Signal Device 9-7-321.317
Signals Required When Turning 9-7-321.314
Starting Parked Vehicle 9-7-321.313
Turn Signal To Be Continuous 9-7-321.315
Turning At Intersections 9-7-321.311
Turning On Curves, Hills 9-7-321.312
Parking
Generally
Alternate Side Street Parking 9-14-321.627
Backing For Purposes Of Parking In Business
Districts 9-14-321.613
Bus Stops Or Passenger Zones 9-14-321.605
Loading And Unloading In Business Districts ... 9-14-321.610
Loading Zones 9-14-321.601
Parallel Parking Required; Exceptions For Angle
Parking 9-14-321.604
Parking For Purposes Of Sale Or Storage
Prohibited; Special Permits Authorized 9-14-321.614
Parking In Alleys 9-14-321.618
Parking In Fire Lanes 9-14-321.611
Parking In Front Of Others' Residences 9-14-321.607
Parking In Parking Lots 9-14-321.612
Parking Of Advertising Vehicles 9-14-321.615
Parking On Private Property Without Consent ... 9-14-321.620
Parking Prohibited On Designated Streets Or
Portions Thereof 9-14-321.602
May 2011
City of Dubuque
-L- -M-
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
April 2012
City of Dubuque
MAYOR AND CITY COUNCIL (cont)
Purpose 1-6A-1
Records 1-6A-4
Rights Of Public 1-6A-14
Suspension Of Rules 1-6A-15
Types Of Meetings 1-6A-3
MECHANICAL CODE
Fees 14-1F-3
International Mechanical Code Adopted 14-1F-1
International Mechanical Code Amendments 14-1F-2
MEETINGS
Arts And Cultural Affairs Advisory Commission 2-8-12
Cable Television Commission 2-11-10
City Council 1-6A-3
Civil Service Commission 2-4-12
Environmental Stewardship Advisory Commission 2-6-5B
Historic Preservation Commission 16-10-4
Housing Commission 2-5B-4
Investment Oversight Advisory Commission 2-3-6
Long Range Planning Advisory Commission 15-2-4B
Park And Recreation Advisory Commission 10-5A-2
Transit Advisory Board 5-1-4
Zoning Advisory Commission 16-9-3B
MINORS
Adult Entertainment Establishments, Minors Prohibited In 4-8-16F
Alcoholic Beverages, Regulations Regarding 4-2A-7
Child Restraints In Vehicles 9-12-321.446
Junk And Secondhand Dealers And Pawnbrokers,
Purchases From Minors Restricted 4-6-6
Parental Responsibility For 7-5D
Tobacco Products To Underage Persons 7-5A-15
Underage Persons Entering Gambling Facilities 7-5A-14
1-4
MISDEMEANOR (See Also GENERAL PENALTY, CITY CODE)
MOTOR VEHICLES AND TRAFFIC
Drivers' Licenses
Generally
Operation Of Motor Vehicle With Expired License
Operation Without Registration
Operator's License; Operation Of Commercial
Motor Vehicles 9-4-321.174
Restricted Licenses 9-4-321.193
Licensees And Nonoperators Identification Cards;
Violations
Employing Unlicensed Chauffeur 9-4-321.221
Inspection Of License Prior To Renting 9-4-321.223
Permitting Unauthorized Minor To Drive 9-4-321.219
April 2012
9-4-321.174A
9-4-321.98
City of Dubuque
-H -
HUMAN RIGHTS (cont)
Removal Of Members For Unexcused Absences 8-2-6
Rules 8-2-7
Subpoenas 8-2-14
Unfair And Discriminatory Practices
Accommodations Or Services 8-3-2
Credit 8-3-4
Disability Discrimination
Construction 8-3A-3
Defenses, Exemptions And Exclusions 8-3A-2
Employment Prohibited Practices 8-3A-1
Illegal Use Of Drugs And Alcohol 8-3A-4
New Construction And Alteration Of Public
Accommodations 8-3A-6
Public Accommodations; Prohibited Practices 8-3A-5
Education 8-3-5
Employment Practices 8-3-3
Generally 8-3-1
ILLICIT CONNECTIONS AND DISCHARGES TO STORM
SEWER SYSTEM (See Also PUBLIC UTILITIES) 13-5
INDUSTRIAL PROJECTS (See Also ECONOMIC
DEVELOPMENT) 3-4A
INDUSTRIAL ZONING DISTRICTS 16-5-18, 16-5-19, 16-5-20
INFRACTION (See Also GENERAL PENALTY, CITY CODE) 1-4
INTERNATIONAL CODES ADOPTED
Building Codes 14-1A-1
Energy Conservation Code 14-1 C-1
Fire Code 14-1E-1
Fuel Gas Code 14-1G-1
Mechanical Code 14-1F-1
Plumbing Code 14-1H-1
Residential Code 14-1B-2
INVESTMENT OVERSIGHT ADVISORY COMMISSION
Appointment; Composition; Terms 2-3-2
Commission Created 2-3-1
Meetings 2-3-6
Policies Applicable To Commission Operations 2-3-7
Powers And Duties 2-3-3
Reports Provided 2-3-4
Rules 2-3-5
August 2012
City of Dubuque
-J- -L-
J
JUNK AND SECONDHAND DEALERS AND PAWNBROKERS
Businesses Requiring Annual Licenses 4-6-3
Definitions 4-6-1
Inspection For Stolen Property 4-6-8
License Required 4-6-2
License Suspension Or Revocation 4-6-4
Moratorium On Issuance Of Licenses For Junk And
Secondhand Dealers And Pawnbrokers 4-6-10
Purchases From Minors Restricted 4-6-6
Purchases, Security And Consignment Transactions 4-6-7
Required Records 4-6-5
Screening Requirements For Junk And Salvage Operations 4-6-9
K
L
LAND USE (See Also UNIFIED DEVELOPMENT CODE) Title 16
LICENSE REGULATIONS (See Also BUSINESS AND LICENSE
REGULATIONS) Title 4
LICENSING OF VACANT AND/OR ABANDONED BUILDINGS
(See Also BUILDING AND DEVELOPMENT) 14-4
LIQUOR CONTROL
Alcoholic Beverages
Advertisement For Alcohol, Liquor, Wine Or Beer 4-2A-5
Buffet Sales Prohibited 4-2A-9
Consumption In Public Places 4-2A-6
Definitions 4-2A-2
Notice Of Violation Upon Issuance Of Citation 4-2A-8
Persons Under Legal Age 4-2A-7
Prohibited In Adult Entertainment Establishments 4-8-16E
Prohibited Sales And Acts 4-2A-3
Purpose Of Chapter 4-2A-1
Sunday Sales 4-2A-4
Intoxicating Beverages In Parks 10-5B-2
Liquor, Beer And Wine Licenses And Permits
Action By Council; Forwarding Of Documents To State 4-2B-9
Appeal And Hearing 4-2B-17
Application; Bond 4-2B-3
Application For Renewal 4-2B-14
Effect Of Revocation 4-2B-18
Fees And Surcharges 4-2B-8
August 2012
City of Dubuque
13-6A-6 13-6A-7
4. An additional fee of twelve dollars fifty cents ($12.50) shall be
paid to the city by the owner for each appliance collected in the
service.
5. An additional fee of ten dollars ($10.00) shall be paid to the city
by the owner for each collection requested by the owner to be
scheduled for service on a day not receiving weekly collection at the
service address.
6. An additional fee of ten dollars ($10.00) shall be paid to the city
by the owner for each collection requested by the owner to be
scheduled for immediate service or whenever crews are sent back to
the service address to collect items that were not properly set out on
time as previously scheduled. (Ord. 23-12, 3-7-2012, eff. 7-1-2012)
13-6A-7: CHARGES; BILLING AND COLLECTION:
A. City Billing: The city manager is authorized to bill tenants upon the
written request of the property owner and according to a procedure
to be established by the city manager. The property owner in such
cases shall provide any information on each tenant's mailing address
to aid in the collection of fees for city services. In all cases, the
property owner shall remain liable for the payment of all charges
required by this chapter.
B. Monthly Billing: All accounts shall be billed monthly. The payment of
bills is subject to the terms of section 13-1C-4 of this title.
C. Unpaid Billing For Class I Premises: The collection of solid waste
provided class I premises and the maintenance of the availability of
such service, whether or not such service is used regularly or not at
all by the owner of such class I premises, is hereby declared a
benefit to said premises at least equal to the monthly charges
specified, and in case of failure to pay the monthly charge when
billed as heretofore provided, then the monthly charge shall become
a lien against the property benefited or served and shall be collected
in the same manner as general property taxes.
D. Certify Delinquent Accounts To County Treasurer: It shall be the duty
of the city manager to certify the actual rates and fees to the city
clerk who, in turn, shall certify such costs plus the costs of
administration to the county treasurer and all such costs shall then
constitute a lien against said property and be collected with and in
June 2012
City of Dubuque
13-6A-7 13-6A-8
the same manner as general property taxes on said property. (Ord.
29-08, 5-5-2008)
13-6A-8: YARD WASTE AND FOOD SCRAPS:
A. Separation Of Yard Waste: Yard waste shall be separated by the
owner of a premises from all other solid waste.
B. Composting: An owner may compost such person's own yard waste
and food scraps on such person's own premises, provided the same
is stored in such a manner as to not create a fire, health or safety
hazard. (Ord. 22-06, 3-2-2006, eff. 4-3-2006)
C. Collection Schedule For Yard Waste: Yard waste that has not been
composted shall be collected by the city not more than once each
week according to the collection schedule established by the city
manager. (Ord. 78-08, 12-1-2008)
D. Preparation Of Waste: Containerized yard waste collected by the city
shall be placed in degradable paper bags with an affixed single use
sticker or in rigid waste containers with an affixed single use tag or
in permanent waste containers with an affixed annual yard waste
decal or in a subscribed sixty five (65) gallon city owned yard waste
cart or be contained by tying devices approved by the city manager.
The charges for collection and disposal of "yard waste" as defined
shall be as follows:
1. The fee for tying devices approved by the city manager shall be
one dollar thirty cents ($1.30) each.
2. The fee paid to the city by a customer of record with the city for
an annual yard waste decal for a rigid waste container shall be thirty
dollars ($30.00) each through June 30 of each year. The fee shall be
reduced by one-half (1/2) on July 1 of each year and again by one-
half (1/2) on September 1 of each year. A decal shall only be used by
the customer of record with the city who purchased it.
3. The fee for single use stickers shall be one dollar thirty cents
($1.30) each.
4. The fee paid to the city for subscription to a sixty five (65) gallon
city owned yard waste cart shall be fourteen dollars fifty cents
($14.50) per month with a onetime nonrefundable start up fee of
twenty dollars ($20.00). (Ord. 31-10, 6-21-2010, eff. 7-1-2010)
June 2012
City of Dubuque
13-4-10 13-4-13
with such covenant and shall certify the rate to the city manager.
The city manager shall inform the city council of the revised SFU
rate at the time that the resolution to take additional action for the
issuance of such bonds is submitted to the council for its review and
approval. Upon council approval of such resolution, the city manager
shall publish the revised SFU rate once in a newspaper of general
circulation, shall give notice thereof to contributors if and as required
by applicable state or federal law, and shall proceed to impose and
collect the rate commencing with the next available billing cycle.
(2007 Code § 44-281)
13-4-11: BILLING, DELINQUENT ACCOUNTS AND COLLECTION
PROCEDURES:
A. Billing Procedure: The procedures for billing of the stormwater
management service charges provided in sections 13-4-6 through
13-4-8 of this chapter and for the collection of delinquent stormwater
management service charges shall be as provided in section
13-2C-5 of this title.
B. Billing Directly For Stormwater Management Services: Contributors
who are not billed by the city for water, sanitary sewer or refuse shall
be directly billed for stormwater management services by the city. In
such instances, the billing and collection of stormwater management
charges shall be subject to the same rules and procedures as to
delinquency in payment, certification of delinquency, and property
lien as provided in section 13-2C-5 of this title. (2007 Code
§ 44-282)
13-4-12: ANNUAL REVIEW OF SFU RATE: Under this chapter, the
director shall review the SFU rate annually and revise the rate
as necessary to ensure that the system generates adequate revenues to
pay total annual revenue requirements. (2007 Code § 44-283)
13-4-13: EXPENSES OF COLLECTION OF CHARGES: The
incremental cost of collecting and accounting for all
stormwater management charges, including reasonable compensation to
the finance director -city treasurer; the maintenance of all books and
records; the employment of necessary personnel; the cost of all books,
records, materials and supplies; the obtaining and maintaining of all office
and storage space; and all other costs and expenses reasonably necessary
City of Dubuque
13-4-13 13-4-13
in connection therewith or incidental thereto, shall be a part of the cost of
operating the stormwater utility and shall be incurred when the finance
director -city treasurer, in the exercise of his or her judgment, shall so
determine. The incremental cost thereof shall be deducted by the finance
director, upon his or her certification as to the amount thereof, from the
remittance to which it relates, subject to the condition that any proposed
change in any method of computing such incremental cost may be effective
prospectively only and only after such proposed change shall have been
submitted to and approved by the city council. (2007 Code § 44-286)
City of Dubuque
13-2C-5 13-2C-6
13-2C-5: LIEN FOR FAILURE TO PAY:
A. Lien For Delinquent Rates And Charges: The city shall have a lien
upon the real property served by the sanitary system for all
delinquent rates and charges. Bills for sewage charges shall be
delinquent when the same are unpaid for a period of twenty five (25)
days following the billing date, and if not paid, a penalty of five
percent (5%) shall be added to the sewage bill.
B. Certification Of Charges: It shall be the duty of the city manager to
certify the actual rates and charges to the city clerk who, in turn,
shall certify such costs, plus the costs of administration to the county
treasurer and all such costs shall then constitute a lien against said
property and be collected with and in the same manner as general
property taxes on said property. (Ord. 30-08, 5-5-2008)
13-2C-6: COST OF COLLECTION: The actual cost of collecting and
accounting for all sewer rentals or charges shall be a part of
the cost of operating the sewage treatment plant. The cost shall be paid
from the sewage funds to the collection agent upon the city manager's
certificate certifying to the amount. (2007 Code § 44-87)
June 2010
City of Dubuque
13-1C-4 13-1C-4
2. If bills are not paid within thirty (30) days following the billing date,
the city reserves the right to discontinue water service to the
delinquent customer by shutting off the water service. The water
service shall not be restored until all current, delinquent, and penalty
charges, in addition to a turn on charge, have been paid.
3. If a delinquency exists for a rental property in excess of sixty (60)
days, the owner shall assume responsibility for the future billings to
such account.
D. Lien For Nonpayment:
1. The city shall have a lien upon the real property served by the
city's water system for all delinquent rates and charges. It shall be
the duty of the city manager to certify such costs, plus the costs of
administration to the county treasurer and all such costs shall then
constitute a lien against said property and be collected with and in
the same manner as general property taxes on said property.
2. Bills for water service charges shall be subject to a delinquency
lien certification when the same are unpaid for a period of sixty (60)
days after the due date. (Ord. 31-08, 5-5-2008)
June 2010
City of Dubuque
13-1C-1
13-1C-2
reason, consumption will be predicated on the monthly average of
past usage for the meter. For estimated bills issued for an account in
which historical data is not available, billing will be predicated on the
minimum charge and related consumption identified for the size of
the meter in service for the particular account.
D. Adjustments From Estimated Readings: Adjustments from estimated
readings will be made when an actual meter reading is obtained. The
adjustment will be reflected on the user's next regular bill. (2007
Code § 44-201)
13-1C-2: FIRE SPRINKLER SERVICE: Customers who have fire
sprinkler service shall be billed for this service on a monthly
basis. The monthly charge shall be as follows:
Number Of Heads Current
Monthly Charges
Up to 200 (minimum monthly charge)
$16.25
200 — 300
19.50
300 — 400
22.72
400 — 600
25.99
600 — 800
29.22
800 — 1,000
32.49
1,000 — 1,200
35.74
1,200 — 1,400
38.95
1,400 — 1,600
42.22
1,600 — 1,800
45.47
1,800 — 2,000
48.70
2,000 — 2,200
51.95
2,200 — 2,400
55.19
2,400 — 2,600
58.45
2,600 — 2,800
61.71
2,800 — 3,000
65.02
3,000 — 3,500
68.18
Over 3,500 (for each additional 500
heads or fraction thereof)
3.24
(Ord. 25-12, 3-5-2012, eff. 7-1-2012)
June 2012
City of Dubuque
13-1C-3
13-1C-3: CONSTRUCTION USE:
13-1C-4
A. Application For Temporary Water Service; Deposit: When a
temporary water service is desired for construction work, application
shall be made to the city manager. A deposit equal to the actual cost
of the meter and fittings shall be paid in advance. The applicant shall
guarantee payment of such water service charges and return said
meter in good condition.
B. Installation Of Meter: The applicant shall thereupon install a suitable
meter, furnished by the city, and shall pay for all water furnished in
accordance with the then prevailing water rates including minimum
monthly charges.
C. Payment Of Charge When Installation Of Meter Impractical: If it is
the opinion of the city manager that placement of a meter is
impractical, then the deposit for meter and fittings shall not be
required, but a charge, as determined by the city manager, after
official publication, shall be made, but under no circumstances shall
water be used for sprinkling lawns, wetting down yards or
compacting of soil unless a meter has been installed on the service,
or arrangements have been made for such usage.
D. Water Rate For Various Other Purposes: The rate for water charged
for other purposes not mentioned herein, such as for circuses,
carnivals, fairs, skating rinks, swimming pools, tank wagons and
filling cisterns will be made by the city manager when application is
made for the same at the water office. (2007 Code § 44-203)
13-1C-4: PAYMENT OF BILLS:
A. Locations For Payment Of Bills: Payment of bills may be made at
locations that have been designated by the city manager, after
official publication.
B. Due When Rendered: All utility bills are due when rendered.
C. Late Payments; Procedure Upon Delinquency:
1. If a bill remains unpaid twenty five (25) days following the billing
date, there shall be added to the bill a penalty of five percent (5%) of
the total utility bill for late payment.
June 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
Emergency Succession During
Disaster
TITLE 2
Boards And Commissions
Hearings And Appeals
Civil Service Commission
Investment Oversight Advisory
Commission
Civic Center Advisory
Commission
Housing Agency And Community
Development Commissions
Municipal Housing Agency And
Governing Board (Rep. by Ord.
26-09, 6-1-2009)
Housing Commission
Community Development
' Advisory Commission
Trust Fund Advisory
Committee
Environmental Stewardship
Advisory Commission
Board Of Library Trustees
Arts And Cultural Affairs
Advisory Commission
Sister City Relationships
Advisory Commission 9
Safe Community Advisory
Committee 10
Cable Television Commission 11
TITLE 3
Revenue And Taxation
Property Tax 1
Revitalization Areas 2
Hotel And Motel Tax 3
Economic Development 4
Industrial Projects 4A
10 Enterprise Zone Commission 4B
Speculative Shell Buildings
11 Of Community Development
Organizations And For Profit
Entities 4C
Residential Relocation Assis-
tance Program 4D
TITLE 4
1
2 Business And License Regulations
3 Business Licenses Generally 1
Liquor Control 2
4 Alcoholic Beverages 2A
Liquor, Beer And Wine
5 Licenses And Permits 2B
Excursion Boat Admission Fees . 3
Central Market 4
5A Door To Door Sales 5
5B Junk And Secondhand Dealers
And Pawnbrokers 6
5C Vehicles For Hire And Public
Transportation 7
5D Nonmotorized Vehicles 7A
Motorized Vehicles For Hire .. 7B
6 Adult Entertainment Establish -
7 ments 8
Peddlers And Transient
8 Merchants 9
April 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
April 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
9-16-321.1000 9-16-321.2000
B. Without arresting the person, prepare in triplicate a written summons
to appear in court containing the name and address of such person,
the operator's or chauffeur's license number, if any, the registration
number, if any, of such person's vehicle, the offense charged, and
the time when and the place where such person shall appear in
court. (Ord. 44-08, 6-16-2008)
9-16-321.1001: RECORDS OF VIOLATIONS:
A. The clerk of court shall keep a full record of every case in which a
person is charged with any violation of this title.
B. Within ten (10) days after a conviction or forfeiture of bail of a person
upon a charge of violating any provision of this title, the clerk of
court shall prepare and immediately forward to the department of
public safety an abstract of the record of the court covering the case
in which such person was so convicted or forfeited bail, which
abstract must be certified by the person so required to prepare the
same to be true and correct. (Ord. 44-08, 6-16-2008)
9-16-321.1002: AUTHORITY OF PEACE OFFICERS TO STOP
VEHICLES: Any peace officer is authorized to stop any
vehicle to require exhibition of the driver's operator or chauffeur license, to
serve a summons or warning of traffic violation, to inspect the condition of
the vehicle, to inspect the vehicle with reference to size, weight, cargo, bills
of lading, or other manifest of employment and safety equipment, or to
inspect the registration certificate, the compensation certificate, travel order,
or permit of such vehicle. (Ord. 44-08, 6-16-2008)
9-16-321.1003 — 9-16-321.1999: RESERVED: (Ord. 44-08, 6-16-2008)
DIVISION 4. PROHIBITED ACTIVITIES
9-16-321.2000: MOVING VEHICLE INTO PROHIBITED AREA: No
person shall move a vehicle not owned by such person
into any prohibited area or away from a curb such distance as is unlawful.
(Ord. 44-08, 6-16-2008)
City of Dubuque
9-16-321.2001 9-16-321.2999
9-16-321.2001: REPAIRS: No person shall repair or cause to be repaired
any vehicle in the streets or alleys, except in cases of
emergency. (Ord. 44-08, 6-16-2008)
9-16-321.2002: OPERATION OF ADVERTISING VEHICLES: No person
shall operate any vehicle upon the streets which, by
loudspeakers or mechanical devices, is used to advertise events or the sale
of goods, wares, or merchandise. (Ord. 44-08, 6-16-2008)
9-16-321.2003 — 9-16-321.2999: RESERVED: (Ord. 44-08, 6-16-2008)
City of Dubuque
9-16-321.900 9-16-321.902
route from the city manager and it shall be unlawful to move such vehicle
over any street other than shown in such routing instructions. (Ord. 44-08,
6-16-2008)
9-16-321.901: MOTOR TRUCK ROUTES:
A. Motor trucks registered for a gross weight limit exceeding ten
thousand (10,000) pounds (5 tons) shall travel over marked
highways when operating in the city and shall not depart from such
marked highways, except that any motor truck whose destination is
in the city may depart from such highway at that point on the
highway nearest to its destination and then proceed directly to such
destination.
B. Motor trucks whose trips originate within the city shall travel by the
most direct route to that point on a marked highway nearest to such
point of origin.
C. Motor trucks entering the city on an unmarked highway shall proceed
to the nearest marked highway by the most direct route and then
proceed to their destination, except when the destination lies
between the point of entry into the city and the marked highway.
D. The city manager is authorized to designate and establish by
appropriate signs alternate motor truck routes and to post signs
limiting motor trucks registered with a gross weight limit exceeding
ten thousand (10,000) pounds (5 tons) from operating on
nonhighway streets.
E. The provisions of this section governing the travel of motor trucks on
residential streets shall not apply to public or private carriers of
passengers on tour, fixed demand response, or dial -a -ride routes or
school or church buses. (Ord. 44-08, 6-16-2008)
9-16-321.902: MOTOR TRUCK ROUTES PROHIBITED ON DESIG-
NATED STREETS:
A. Motor trucks registered for a gross weight limit exceeding ten
thousand (10,000) pounds (5 tons) shall not travel over the following
streets:
Ice Harbor Drive, from 1st Street to the 3rd Street Overpass.
Main Street, from 5th Street to 9th Street.
City of Dubuque
9-16-321.902 9-16-321.1000
B. The city manager shall post signs limiting motor trucks registered
with a gross weight limit exceeding ten thousand (10,000) pounds (5
tons) from operating on the streets designated in subsection A of this
section.
C. The scheduled fine for a violation of this section shall be fifty dollars
($50.00). (Ord. 44-08, 6-16-2008)
9-16-321.903: HEAVY VEHICLES PROHIBITED ON CERTAIN
BRIDGES:
A. When signs are erected giving notice thereof, no person shall
operate a vehicle exceeding the posted gross vehicle weight limits
on, or over the following bridges:
10 tons
12 tons
20 tons
Louise Lane Bridge
Brunskill Road Bridge
Cousins Road Bridge
B. This section shall not apply to implements of husbandry or to
implements of husbandry loaded on hauling units for transporting the
implements to locations for purposes of repair.
C. A person who violates this section shall, upon conviction or a guilty
plea, be subject to a fine determined by dividing the difference
between the actual weight of the vehicle and the maximum weight
allowed by this section by one hundred (100) and multiplying the
quotient by two dollars ($2.00). (Ord. 44-08, 6-16-2008)
9-16-321.904 — 9-16-321.999: RESERVED: (Ord. 44-08, 6-16-2008)
DIVISION 3. ADMINISTRATION
9-16-321.1000: ARREST, NOTICE TO APPEAR: Whenever a peace
officer has reasonable cause to believe that a person has
violated any provisions of this title, such officer may:
A. Immediately arrest such person; or
City of Dubuque
9-16-321.800 9-16-321.800
SECTION:
CHAPTER 16
MISCELLANEOUS CITY PROVISIONS
Division 1. Noise
9-16-321.800: Vehicular Noise
9-16-321.801 — 9-16-321.804: Reserved
Division 2. Trucks And/Or Machinery
9-16-321.805: Engine Brakes And Compression Brakes
9-16-321.806 — 9-16-321.899: Reserved
9-16-321.900: Operation Of Vehicles With Caterpillar Wheels Or Heavy
Lugs Restricted
9-16-321.901: Motor Truck Routes
9-16-321.902: Motor Truck Routes Prohibited On Designated Streets
9-16-321.903: Heavy Vehicles Prohibited On Certain Bridges
9-16-321.904 — 9-16-321.999: Reserved
Division 3. Administration
9-16-321.1000: Arrest, Notice To Appear
9-16-321.1001: Records Of Violations
9-16-321.1002: Authority Of Peace Officers To Stop Vehicles
9-16-321.1003 — 9-16-321.1999: Reserved
Division 4. Prohibited Activities
9-16-321.2000: Moving Vehicle Into Prohibited Area
9-16-321.2001: Repairs
9-16-321.2002: Operation Of Advertising Vehicles
9-16-321.2003 — 9-16-321.2999: Reserved
DIVISION 1. NOISE
9-16-321.800: VEHICULAR NOISE:
A. It shall be unlawful for any person to make, continue, or cause any
disturbing, excessive, or offensive noise which results in discomfort
City of Dubuque
9-16-321.800 9-16-321.900
or annoyance to any reasonable person of normal sensitivity by
means of any radio, compact disk player, stereo, speakers, cassette
tape player, or similar sound device in a motor vehicle.
B. The operation of any radio, compact disk player, stereo, speakers,
cassette tape player, or similar sound device in such a manner so as
to be audible at a distance of two hundred feet (200') from the motor
vehicle shall constitute evidence of a prima facie violation of this
section.
C. The scheduled fine for a violation of this section shall be fifty dollars
($50.00). (Ord. 44-08, 6-16-2008)
9-16-321.801 — 9-16-321.804: RESERVED: (Ord. 44-08, 6-16-2008)
DIVISION 2. TRUCKS AND/OR MACHINERY
9-16-321.805: ENGINE BRAKES AND COMPRESSION BRAKES:
A. It shall be unlawful for the driver of any vehicle to use or operate or
cause to be used or operated within the city, any engine brake,
compression brake, or mechanical exhaust device designed to aid in
the braking or deceleration of any vehicle that results in excessive,
loud, unusual, or explosive noise from such vehicle.
B. The usage of an engine brake, compression brake, or mechanical
exhaust device designed to aid in braking or deceleration in such a
manner so as to be audible at a distance of three hundred feet (300')
from the motor vehicle shall constitute evidence of a prima facie
violation of this section.
C. The scheduled fine for a violation of this section shall be fifty dollars
($50.00). (Ord. 44-08, 6-16-2008)
9-16-321.806 — 9-16-321.899: RESERVED: (Ord. 44-08, 6-16-2008)
9-16-321.900: OPERATION OF VEHICLES WITH CATERPILLAR
WHEELS OR HEAVY LUGS RESTRICTED: Tractors or
other machinery moving on caterpillar wheels or having heavy lugs shall not
be permitted to be moved over any of the streets without first securing a
City of Dubuque
9-14-321.669 9-14-321.669
provisions of sections 9-14-321.667 and 9-14-321.668 of this chapter
in the parking meter district.
B. Sticker Issuance: A resident parking sticker shall only be issued to
an individual who is occupying a housing unit as that person's
principal abode. The housing unit must be located within the parking
May2011
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; amd. Ord. 16-12, 2-20-2012)
April 2012
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
April 2012
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.
April 2012
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 east 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.
April 2012
City of Dubuque
9-14-321.621 9-14-321.622
said vehicle is parked in such manner, in such a place or for such a
time as to violate the provisions of this chapter relating to the
parking of vehicles, shall pay to the city treasurer as a penalty for
such violation the following sum:
1. Except as provided in subsection A2, A3, A4, or A5 of this section,
any violation of this chapter, an initial fine of fifteen dollars ($15.00)
if paid within thirty (30) calendar days of the date of the violation. If
payment is not made within such thirty (30) calendar days, said fine
shall be twenty dollars ($20.00). (Ord. 74-08, 11-3-2008)
2. Disabled parking violations, a fine of two hundred dollars
($200.00). (Ord. 11-11, 2-7-2011)
3. Expired parking meter violations, an initial fine of seven dollars
($7.00) if paid within thirty (30) calendar days of the date of the
violation. If payment is not made within such thirty (30) calendar
days, said fine shall be twelve dollars ($12.00).
4. Parking in violation of any designated fire lane, a fine of fifty
dollars ($50.00). (Ord. 74-08, 11-3-2008)
5. Parking in violation of snow route restrictions, a fine of thirty
dollars ($30.00) if paid within thirty (30) calendar days of the date of
the violation. If payment is not made within such thirty (30) calendar
days, said fine shall be thirty five dollars ($35.00). The first snow
route restriction violation of each winter season for a vehicle shall be
voided if the owner of the vehicle registers their contact information
with the police department. (Ord. 52-08, 7-21-2008; amd. Ord. 74-08,
11-3-2008)
B. Payment of the above fine by mail to the city treasurer shall be
deemed paid as of the date of the postmark on the envelope thereof.
C. For purposes of this section, a ticket shall become delinquent if not
paid within seven (7) calendar days from the date of issuance. (Ord.
74-08, 11-3-2008)
9-14-321.622: PARKING VIOLATIONS; POSTING BOND: All persons
receiving such notice of violation and deeming themselves
not guilty of such offense, or desiring to appear and defend against the
same, shall within seven (7) calendar days appear at the police department
and promise to appear in the district court of Dubuque County, Iowa for
trial. (Ord. 44-08, 6-16-2008)
May 2011
City of Dubuque
9-14-321.623 9-14-321.626
9-14-321.623: PARKING VIOLATIONS; EFFECT OF SPECIFIC
SECTIONS: The provisions of sections 9-14-321.621 and
9-14-321.622 of this chapter shall not in any manner affect the penalty
provisions of any other ordinance, or part of ordinance, relating to the
parking of vehicles upon the streets, avenues, alleys, or public places within
the city, but shall be cumulative of all other ordinances on the subject and
for the purpose of providing a more convenient and economical method of
handling such violations. (Ord. 44-08, 6-16-2008)
9-14-321.624: PARKING VIOLATIONS; REMOVAL OF CERTAIN
VEHICLES AUTHORIZED; PREREQUISITES TO
RELEASE:
A. Whenever a vehicle is found stopped or parked in violation of any
state law or city ordinance, or in such manner as to cause a
dangerous condition to exist, or whenever the owner or operator of a
vehicle has failed to report or heed a notice to appear before the
proper magistrate, any police officer may remove such vehicle from
a street or alley to a place of safekeeping.
B. If such vehicle must be serviced or towed, the fee, together with any
other necessary expense incurred in such removal, shall be
assessed against the vehicle and shall be paid before it is released.
(Ord. 44-08, 6-16-2008)
9-14-321.625: PARKING VIOLATIONS; EVIDENTIARY EFFECT OF
REGISTRATION PLATES: In any proceedings for viola-
tion of the parking provisions of this title, the registration plates displayed
on such motor vehicle involved in such violation shall constitute prima facie
evidence that the owner of such motor vehicle was the person who parked
or placed such motor vehicle at the point where such violation occurred.
(Ord. 44-08, 6-16-2008)
9-14-321.626: RESERVED FIRE DEPARTMENT PARKING:
A. When appropriate signs have been posted, that area located on the
north side of 9th Street between Central Avenue and the driveway to
fire headquarters is set aside for the parking of fire department
vehicles.
B. When appropriate signs have been posted, that area located on the
west side of Central Avenue between 9th Street and the entrance to
the parking ramp at 975 Central Avenue is set aside for the parking
of fire department vehicles at all times.
May 2011
City of Dubuque
9-7-321.285 9-7-321.288
one hundred feet (1,100') south of the Julien Dubuque bridge to the
southerly city limits.
D. Scheduled fines are established pursuant to Iowa Code section
805.6(6).
Excessive speed in zones 55 miles per hour or less:
1 through 5 miles per hour over
6 through 10 miles per hour over
11 through 15 miles per hour over
16 through 20 miles per hour over
Over 20 miles per hour over (plus $2.00 for each mile in
excess of 20 miles per hour over limit)
Excessive speed in zones greater than 55 miles per hour:
1 through 5 miles per hour over.
6 through 10 miles per hour over.
11 through 15 miles per hour over.
16 through 20 miles per hour over.
Over 20 miles per hour over (plus $5.00 for each mile in
excess of 20 miles per hour over limit).
(Ord. 44-08, 6-16-2008; amd. Ord. 45-08, 6-21-2008; Ord. 59-09,
12-7-2009)
9-7-321.286 — 9-7-321.287: RESERVED: (Ord. 44-08, 6-16-2008)
9-7-321.288: CONTROL OF VEHICLE:
A. A person operating a motor vehicle shall have the same vehicle
under control at all times.
June 2010
City of Dubuque
9-7-321.288 9-7-321.293
B. A person operating a motor vehicle shall reduce the speed to a
reasonable and proper rate:
1. When approaching and passing a person walking in the traveled
portion of the public street.
2. When approaching and passing an animal which is being led,
ridden, or driven upon a public street.
3. When approaching and traversing a crossing or intersection of
public streets, or a bridge, sharp turn, curve, or steep descent in a
public street.
4. When approaching and passing a fusee, flares, red reflector
electric lanterns, red reflectors, or red flags, or an emergency vehicle
displaying a revolving or flashing Tight.
5. When approaching and passing a slow moving vehicle displaying
a reflective device as provided by section 321.383, code of Iowa.
6. When approaching and passing through a signposted construction
or maintenance zone upon the public highway. (Ord. 44-08,
6-16-2008)
9-7-321.289: SIGNS TO BE ERECTED: On a street on which the rate of
speed changes, other than primary roads and extensions of
primary roads, there shall be erected by the city suitable standard signs
showing the points at which the rate of speed changes on such street and
the maximum rate of speed in the district which the vehicle is entering.
(Ord. 44-08, 6-16-2008)
9-7-321.290: RESERVED: (Ord. 44-08, 6-16-2008)
9-7-321.291: SPEEDING VIOLATION FORM: In every charge of violation
of section 9-7-321.285 of this chapter the information and the
notice to appear shall specify the speed at which the defendant is alleged
to have driven and also the speed limit applicable within the district or at
the location. (Ord. 44-08, 6-16-2008)
9-7-321.292 — 9-7-321.293: RESERVED: (Ord. 44-08, 6-16-2008)
June 2010
City of Dubuque
9-1-321.1 9-1-321.2
and of itself is incapable of commercially
transporting any person or property but is used
primarily to support another vehicle. (Ord.
43-08, 6-16-2008; amd. Ord. 44-08, 6-16-2008;
Ord. 39-09, 8-3-2009; Ord. 53-09, 11-2-2009;
Ord. 33-10, 6-21-2010, eff. 7-1-2010; Ord.
65-10, 12-20-2010)
9-1-321.2: APPLICABILITY OF TITLE:
A. The provisions of this title applicable to the drivers of vehicles upon
the streets shall apply to the drivers of all vehicles owned or
operated by the United States, this state, or any county, city, town,
district, or any other political subdivision of the state, subject to
specific exceptions as are set forth in the laws of Iowa and the
ordinances of the city with reference to authorized emergency
vehicles.
B. This title, except section 9-7-321.277, does not apply to persons and
motor vehicles and other equipment while actually engaged in work
upon the surface of a highway officially closed to traffic but does
apply to such persons and vehicles when traveling to or from such
work. The provisions of section 9-7-321.294 and subsection
9-7-321.297B of this title do not apply to road workers operating
maintenance equipment owned by or under lease to any state or
local authority while engaged in road maintenance, road blading,
snow and ice control and removal, and granular resurfacing work on
a highway, whether or not the highway is closed to traffic. A
chauffeur's license shall not be required for a person to operate road
construction and maintenance equipment while engaged in road
construction and maintenance work, including the movement of the
road construction and maintenance equipment to and from the work
site under its own power.
C. Every person riding a bicycle or animal, or driving any animal
drawing a vehicle upon a street, shall be subject to the provisions of
this title applicable to the driver of a vehicle except those provisions
which by their nature can have no application.
D. The provisions of this title relating to the operation of vehicles refers
exclusively to the operation of vehicles upon streets and highways
except:
May 2011
City of Dubuque
9-1-321.2 9-1-321.2
1. Where a different place is specifically referred to in a given
section.
2. The provisions of chapter 3 and section 9-7-321.277 of this title
shall apply upon the streets and highways and elsewhere throughout
the city. (Ord. 44-08, 6-16-2008)
May 2011
City of Dubuque
9-1-321.1 9-1-321.1
RIGHT OF WAY:
ROADWAY:
SCHOOL DISTRICT:
SEMITRAILER:
SIDEWALK:
SOLID TIRE:
STREET OR
HIGHWAY:
SUBURBAN DISTRICT:
THROUGH (OR THRU)
STREET:
highway for a distance of three hundred feet
(300') or more is occupied by dwellings or by
dwellings and buildings in use for residence.
The privilege of the immediate use of the
highway.
That portion of a highway improved, designed,
or ordinarily used for vehicular travel.
The territory contiguous to and including a
highway for a distance of two hundred feet
(200') in either direction from a schoolhouse in
a city.
Every vehicle without motive power designed for
carrying persons or property and for being
drawn by a motor vehicle and so constructed
that some part of its weight and that of its load
rests upon or is carried by another vehicle.
Wherever the word "trailer" is used in this title,
the same shall be construed to also include
"semitrailer". A "semitrailer" shall be considered
in this title separately from its power unit.
That portion of street between the curb lines or
the lateral lines of a roadway and the adjacent
property lines intended for the use of pedes-
trians.
Every tire of rubber or other resilient materials
which does not depend upon compressed air for
the support of the load.
The entire width between property lines of every
way or place of whatever nature when any part
thereof is open to the use of the public as a
matter of right for purposes of vehicular traffic.
All other parts of a city or town not included in
the business, school, or residence districts.
Every street or portion thereof at the entrances
to which vehicular traffic from intersecting
City of Dubuque
May 2011
9-1-321.1 9-1-321.1
TRAFFIC:
TRAILER:
TRUCK TRACTOR:
streets is required by law to stop before
entering or crossing the same and when stop
signs are erected as provided by law or such
entrances are controlled by a peace officer or
traffic control signal. The term "arterial" shall be
synonymous with "through" or "thru" when
applied to streets of this city.
Pedestrians, ridden or herded animals, vehicles,
and other conveyances either singly or together
while using any highway for purposes of travel.
Every vehicle without motive power designed for
carrying persons or property and for being
drawn by a motor vehicle and so constructed
that no part of its weight rests upon the towing
vehicle.
Every motor vehicle designed and used primar-
ily for drawing other vehicles and not so con-
structed as to carry a load other than a part of
the weight of the vehicle and Toad so drawn.
U-TURN: The turning from one side to the other on a
street and proceeding in a reverse direction.
VEHICLE: Every device in, upon, or by which any person
or property is or may be transported or drawn
upon a highway. "Vehicle" does not include:
May 2011
A. Any device moved by human power.
B. Any device used exclusively upon stationary
rails or tracks.
C. Any integral part of a truck tractor or road
tractor which is mounted on the frame of the
truck tractor or road tractor immediately behind
the cab and which may be used to transport
persons and property but which cannot be
drawn upon the highway by the truck tractor or
another motor vehicle.
D. Any steering axle, dolly, auxiliary axle, or
other integral part of another vehicle which in
City of Dubuque
TITLE 7
POLICE, FIRE AND PUBLIC SAFETY
Subject Chapter
Police Department 1
Fire Department 2
Emergency Management 3
Alarm System Permits 4
Offenses 5
General Offenses 5A
Drug Paraphernalia 5B
Crime Property 5C
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
May 2011
City of Dubuque
4-2B-16 4-2B-18
4. Fourth violation (within a period of 2 years): The licensee's or
permittee's liquor control license or wine or beer permit must be
revoked.
C. For purposes of the probationary period in subsections B2 and B3 of
this section, the reinstatement of the suspension does not require a
conviction. (Ord. 29-11, 4-4-2011)
4-2B-17: APPEAL AND HEARING: The right of appeal to the alcoholic
beverage division hearing board shall be afforded a liquor
control licensee, wine permittee, or beer permittee whose license or permit
has been suspended, revoked, or denied. (Ord. 10-09, 2-16-2009)
4-2B-18: EFFECT OF REVOCATION: Any liquor control licensee or
beer or wine permittee whose license or permit is revoked
under the code of Iowa shall not thereafter be permitted to hold a liquor
control license or a beer or wine permit in the state for a period of two (2)
years from the date of the revocation. The spouse and business associates
holding ten percent (10%) or more of the capital stock or ownership interest
in the business of a person whose license or permit has been revoked shall
not be issued a liquor control license or beer or wine permit, and no liquor
control License or beer or wine permit shall be issued which covers any
business in which such person has a financial interest for a period of two
(2) years from the date of such revocation. In the event a license or permit
is revoked, the premises which had been covered by the license or permit
shall not be relicensed for one year. (Ord. 10-09, 2-16-2009)
May 2011
City of Dubuque
4-2B-16 4-2B-16
(3) Pay a fifteen thousand dollar ($15,000.00) civil penalty
and serve a thirty (30) day suspension of which thirty (30)
days will be suspended, on the condition that the licensee or
permittee receive no further violations for a twelve (12)
consecutive month probationary period, together with three
(3) of the following conditions selected by the licensee or
permittee with the approval of the chief of police:
(A) Terminate the employee who acted illegally.
(B) Purchase and use identification scanners for use
on all alcohol sales.
(C) All employees at the time of the violation who may
serve alcohol and continue their employment with the licensee
or permittee must be trained in training for intervention
procedures (TIPS) or other training approved by the city
within ninety (90) days and all new employees hired within
two (2) years who may serve alcohol must receive the training
within thirty (30) days of their hire date.
(D) Use wristbands for patrons twenty one (21) years
of age and older.
(E) Hire staff to check the identification of all patrons
as they enter the establishment for days of the week and
hours as determined by the chief of police.
(F) Purchase, install, and use a system which scans
photo identifications and records a photograph of the
identification and the individual using the identification to
secure entrance into the business, or other electronic system
as approved by the chief of police.
(G) Such other conditions as agreed upon between the
licensee or permittee and the chief of police.
If there is a violation within the twelve (12) month
probationary period, upon service of notice by the city, the
thirty (30) days which were suspended must be served by the
licensee or permittee as agreed upon by the chief of police.
3. Third violation (within a period of 2 years): The licensee or
permittee must:
May 2011
City of Dubuque
4-2B-16 4-2B-16
a. Pay a one thousand five hundred dollar ($1,500.00) civil
penalty and serve a sixty (60) day suspension of the license or
permit; however, in lieu of the fine and suspension, the licensee or
permittee may:
May 2011
(1) Pay a fifteen thousand dollar ($15,000.00) civil penalty
and serve a sixty (60) day suspension of which thirty (30)
days will be suspended, on the condition that the licensee or
permittee receive no further violations for a twelve (12)
consecutive month probationary period, together with the
following conditions:
(A) Terminate the employee who acted illegally.
(B) Purchase and use identification scanners for use
on all alcohol sales.
(C) All employees at the time of the violation who may
serve alcohol and continue their employment with the licensee
or permittee must be trained in training for intervention
procedures (TIPS) or other training approved by the city
within ninety (90) days and all new employees hired within
two (2) years who may serve alcohol must receive the training
within thirty (30) days of their hire date.
(D) Use wristbands for patrons twenty one (21) years
of age and older.
(E) Hire staff to check the identification of all patrons
as they enter the establishment for days of the week and
hours as determined by the chief of police.
(F) Purchase, install, and use a system which scans
photo identifications and records a photograph of the
identification and the individual using the identification to
secure entrance into the business, or other electronic system
as approved by the chief of police.
(G) Such other conditions as agreed upon between the
licensee or permittee and the chief of police.
If there is a violation within the twelve (12) month
probationary period, upon service of notice by the city, the
thirty (30) days which were suspended must be served by the
licensee or permittee as agreed upon by the chief of police.
City of Dubuque
4-2B-15 4-2B-16
E. The city manager and the city attorney may enter into an agreement
with the licensee or permittee for the days for which a licensee or
permittee may serve a suspension of a license or permit. (Ord.
29-11, 4-4-2011)
4-2B-16: SUSPENSION AND REVOCATION; SPECIFIC TERMS:
A. The conviction of any liquor control licensee or wine or beer
permittee for a violation of any of the provisions of this chapter is
grounds for the suspension or revocation of the license or permit by
the alcoholic beverages division or the city. However, if any liquor
control licensee or any wine or beer permittee is convicted of any
violation of the code of Iowa, the liquor control license or wine or
beer permit must be revoked and must be immediately surrendered
by the holder and the bond of the licensee or permittee must be
forfeited to the alcoholic beverages division.
B. If any licensee, wine or beer permittee, or an employee of such
licensee or permittee is convicted of a violation of this chapter or
chapter 123 of the code of Iowa, the city must, in addition to the
other penalties fixed for such violations of this section, assess a
penalty as follows:
1. First violation: The licensee or permittee must pay a civil penalty
in the amount of five hundred dollars ($500.00) or serve a fourteen
(14) day suspension of the license or permit. Failure to pay the civil
penalty will result in automatic suspension of the license or permit
for a period of fourteen (14) days.
2. Second violation (within a period of 2 years): The licensee or
permittee must:
a. Pay a one thousand five hundred dollar ($1,500.00) civil
penalty and serve a thirty (30) day suspension of the license or
permit; however, in lieu of the fine and suspension, the licensee or
permittee may:
(1) Pay a five thousand dollar ($5,000.00) civil penalty and
serve a thirty (30) day suspension of which sixteen (16) days
will be suspended, on the condition that the licensee or
permittee receive no further violations for a twelve (12)
consecutive month probationary period. If there is a violation
within the twelve (12) month probationary period, upon
service of notice by the city, the sixteen (16) days which were
May 2011
City of Dubuque
4-2B-16 4-2B-16
May 2011
suspended must be served by the licensee or permittee as
agreed upon by the chief of police; or
(2) Pay a seven thousand five hundred dollar ($7,500.00) civil
penalty and serve a thirty (30) day suspension of which
twenty three (23) days will be suspended, on the condition
that the licensee or permittee receive no further violations for
a twelve (12) consecutive month probationary period, together
with two (2) of the following conditions selected by the
licensee or permittee with the approval of the chief of police:
(A) Terminate the employee who acted illegally.
(B) Purchase and use identification scanners for use
on all alcohol sales.
(C) All employees at the time of the violation who may
serve alcohol and continue their employment with the licensee
or permittee must be trained in training for intervention
procedures (TIPS) or other training approved by the city
within ninety (90) days and all new employees hired within
two (2) years who may serve alcohol must receive training
within thirty (30) days of their hire date.
(D) Use wristbands for patrons twenty one (21) years
of age and older.
(E) Hire staff to check the identification of all patrons
as they enter the establishment for days of the week and
hours as determined by the chief of police.
(F) Purchase, install, and use a system which scans
photo identifications and records a photograph of the
identification and the individual using the identification to
secure entrance into the business, or other electronic system
as approved by the chief of police.
(G) Such other conditions as agreed upon between the
licensee or permittee and the chief of police.
If there is a violation within the twelve (12) month
probationary period, upon service of notice by the city, the
twenty three (23) days which were suspended must be served
by the licensee or permittee as agreed upon by the chief of
police; or
City of Dubuque
4-2B-12 4-2B-14
1. If surrendered during the first three (3) months of the period for
which the license or permit was issued, the refund shall be three-
fourths (3/4) of the amount of the fee; if surrendered more than three
(3) months, but not more than six (6) months after issuance, the
refund shall be one-half (1/2) of the amount of the fee; if surrendered
more than six (6) months, but not more than nine (9) months after
issuance, the refund shall be one-fourth (1/4) of the amount of the
fee.
2. No refund shall be made, however, for a liquor control license or
beer permit surrendered more than nine (9) months after issuance.
3. No refund shall be made to any licensee or permittee upon the
surrender of his license or permit, if there is at the time of the
surrender a complaint filed with the department or the city charging
him with a violation of this chapter or any provision of the Iowa
alcoholic beverage control act.
4. If upon hearing any such complaint, the license or permit is not
revoked or suspended, then the licensee or permittee shall be
eligible, upon surrender of the licensee's or permittee's license or
permit, to receive a refund as provided in this section; but if the
licensee's or permittee's license or permit is revoked or suspended
upon the hearing, he shall not be eligible for the refund of any
portion of the licensee's or permittee's license or permit fee.
5. No refund shall be made for seasonal licenses or permits. (Ord.
10-09, 2-16-2009)
4-2B-13: TERM OF LICENSE OR PERMIT; SEASONAL LICENSES
AND PERMITS: All liquor control licenses, wine permits, and
beer permits, unless sooner suspended or revoked, shall expire one year
from the date of issuance. Six (6) or eight (8) month seasonal licenses,
wine permits, or beer permits may be issued for a proportionate part of the
license or permit fee. No seasonal license or permit shall be renewed
except after a period of two (2) months. Seasonal licensing shall be only as
permitted by the code of Iowa. (Ord. 10-09, 2-16-2009)
4-2B-14: APPLICATION FOR RENEWAL: Upon receipt of an
application for the renewal of a liquor license, wine permit or
beer permit, it shall be forwarded to the chief of police who shall conduct an
investigation and shall submit a written report on the applicant as to the
May 2011
City of Dubuque
4-2B-14 4-2B-15
truth of the facts answered in the application and a recommendation to the
city council as to the approval of the license or permit. (Ord. 10-09,
2-16-2009)
4-2B-15: SUSPENSION AND REVOCATION GENERALLY;
GROUNDS:
A. In addition to the penalties of this article, the city council may
suspend a license or permit issued pursuant to this chapter for a
period not to exceed one year, revoke the license or permit, or
impose a civil penalty. Before suspension, revocation, or imposition
of a civil penalty, the licensee or permittee must be given written
notice and an opportunity for a hearing.
B. A license or permit issued under this chapter may be suspended or
revoked or a civil penalty may be imposed on the licensee or
permittee for any of the following:
1. Misrepresentation of any material fact in the application for the
license or permit.
2. Violation of any of the provisions of this chapter.
3. Any change in the ownership or interest in the business operated
under a class A, class B, or class C liquor control license, or any
wine or beer permit, which change was not previously reported to
and approved by the local authority and/or the alcoholic beverages
division.
4. An event which would have resulted in disqualification from
receiving the license or permit when originally issued.
5. Any sale, hypothecation, or transfer of the license or permit.
6. The failure or refusal on the part of the licensee or permittee to
render any report or remit any taxes when due to the alcoholic
beverages division under this chapter.
C. A criminal conviction is not a prerequisite to suspension, revocation,
or imposition of a civil penalty pursuant to this section.
D. The city council may suspend any retail wine or beer permit or liquor
control license for a violation of this chapter or chapter 123 of the
code of Iowa.
May 2011
City of Dubuque
4-2B-1 4-2B-2
CHAPTER 2
LIQUOR CONTROL
ARTICLE B. LIQUOR, BEER AND WINE LICENSES AND PERMITS
SECTION:
4-2B- 1:
4-2B- 2:
4-2B- 3:
4-2B- 4:
4-2B- 5:
4-2B- 6:
4-2B- 7:
4-2B- 8:
4-2B- 9:
4-2B-10:
4-2B-11:
4-2B-12:
4-2B-13:
4-2B-14:
4-2B-15:
4-2B-16:
4-2B-17:
4-2B-18:
License Or Permit Required
Separate Permits Required For Separate Locations
Application; Bond
Persons Eligible
Investigation Of Applicant And Premises
Requirements For Premises
Proof Of Financial Responsibility
Fees And Surcharges
Action By Council; Forwarding Of Documents To State
Nature And Scope Of License Or Permit
Transferability As To Location
Surrender Of Permit Or License; Refund Of Fee
Term Of License Or Permit; Seasonal Licenses And Permits
Application For Renewal
Suspension And Revocation Generally; Grounds
Suspension And Revocation; Specific Terms
Appeal And Hearing
Effect Of Revocation
4-2B-1: LICENSE OR PERMIT REQUIRED: No person shall sell beer
or wine at retail in the city nor shall any person sell beer, wine
or alcoholic liquor in the city for consumption on the premises without first
obtaining a beer permit, wine permit, or a liquor control license as required
by state law and subject to the provisions of this article. (Ord. 10-09,
2-16-2009)
4-2B-2: SEPARATE PERMITS REQUIRED FOR SEPARATE LOCA-
TIONS:
A. Each person holding a class B or class C beer permit having more
than one place of business where such beer is sold shall be required
City of Dubuque
4-2B-2 4-2B-6
to have a separate beer permit for each separate place of business,
except as otherwise prohibited by state law.
B. A class B wine permittee having more than one place of business
where wine is sold shall obtain a separate permit for each place of
business. (Ord. 10-09, 2-16-2009)
4-2B-3: APPLICATION; BOND: A verified application for the original
issuance or the renewal of a liquor control license, wine
permit or beer permit shall be filed at such time, in such number of copies,
and in such form as the state director of beer and liquor control shall
prescribe, on forms prescribed by the state director of beer and liquor
control. The application shall be accompanied by the fee, if required, and
bond and shall be filed with the city clerk for submission to the city council
for approval or disapproval. (Ord. 10-09, 2-16-2009)
4-2B-4: PERSONS ELIGIBLE: Upon meeting the requirements
imposed by state law, the provisions of this code, and other
ordinances of the city, a person who is of good moral character may apply
for a liquor control license, wine permit, or beer permit. In the case of a
club, corporation or partnership, the officers of the club or corporation and
the partners of a partnership shall be "persons of good moral character" as
defined by state law and this chapter. (Ord. 10-09, 2-16-2009)
4-2B-5: INVESTIGATION OF APPLICANT AND PREMISES: Upon
receipt of an original application for a liquor license, wine
permit or beer permit by the city clerk, it shall be forwarded to the chief of
police who shall conduct an investigation and shall submit a written report
on the applicant as to the truth of the facts averred in the application and a
recommendation to the city council as to the approval of the license or
permit. It shall be the duty of the health, building and fire departments to
inspect the premises to determine if it conforms to the requirements of the
city and no license or permit shall be approved until or unless an approving
report has been filed with the city clerk for submission to the city council.
(Ord. 10-09, 2-16-2009)
4-2B-6: REQUIREMENTS FOR PREMISES:
A. Right Of Entry For Inspection: An applicant for a liquor control
license, wine permit, or beer permit, as a further condition for
City of Dubuque
1-7-7 1-7-7
deposited checks returned for nonsufficient funds, the finance
director -city treasurer shall adjust the recorded deposit and attempt
to collect the returned check. The finance director -city treasurer may
also assess a surcharge not to exceed the amount allowed by law
for processing checks returned for nonsufficient funds and against
the party who submitted the nonsufficient funds check. The returned
check surcharge shall be added to the outstanding bill of the party
who submitted the nonsufficient funds check. (2007 Code § 2-137)
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
Cable Television Commission 11
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
April 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
April 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
PREFACE
This city code of the city of Dubuque, as supple-
mented, contains ordinances up to and including
ordinance 41-12, passed June 18, 2012. Ordi-
nances of the city adopted after said ordinance
supersede the provisions of this city code to the
extent that they are in conflict or inconsistent
therewith. Consult the city office in order to
ascertain whether any particular provision of the
code has been amended, superseded or repealed.
Sterling Codifiers
Coeur d'Alene, Idaho
August 2012
City of Dubuque