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Supplement No. 12 - Code of Ordinances - April 2013STERLING CODIFIERS 3906 Schreiber Way Coeur d'Alene, ID `- 83815 (208) 665-7193 kk INSTRUCTION SHEET: REMOVE PAGE HEADED Preface TABLE OF CONTENTS: Table Of Contents, Title 1, and following, page DUBUQUE, Iowa Supplement No. 12/April! "2013 Includes Ordinances: 67-06, 5912, 61-12, 62-12, 64-12, 65-12 and 4-13 through 18-13 INSERT NEW PAGE HEADED VOLUME 1 Preface Administration TITLE 2: 2-6-1, Chapter 6, Environmental Stewardship 2-10-1, Chapter 10, Safe Community Advisory and following page TITLE 4: Title 4, Business And License Regulations 4-2A-3, F. Keep, or allow to be kept, gambling 4-2B-6, approval by the city council, must give 4-5-1, Chapter 5, Door To Door Sales and following eleven pages 4-9-1, Chapter 9, Peddlers And Transient and following two pages TITLE 6: 6-3-1, Chapter 3, Ambulances 6-4-2 Property: Includes both real and following three pages TITLE 9: 9-14-321/35, 9-14-321/35: Residential and following page and TITLE 11: Title 11, Rights Of Way Table Of Contents, Title 1, Administration and following page 2-6-1, Chapter 6, Environmental Stewardship 2-10-1, Chapter 10, Safe Community Advisory, and following page Title 4, Business And License Regulations 4-2A-3, F. Keep, or allow to be kept, gambling 4-2B-6, approval by the city council, must give 4-5-1, Chapter 5, Solicitor's License and following twenty two. pages --- (not replaced) 6-3-1, Chapter 3, Ambulances 6-4-2, Property: Includesboth real and and following three pages 9-14-321.735, 9-14-321.735: Residential and following page Title 11, Rights Of Way 11-6-1, Chapter 6, Procedure For Licensing and following two pages (insert immediately after page headed 11-5B-22, 11-5B-22: Acquisition At) AD -ED VOLUME 11 TABLE OF CONTENTS: Table Of Contents, Title 1, Administration and following page TITLE 13: 13-1C-1, Chapter 1, Article C. Rates and following page 13-2C-1, Chapter 2, Article C. Rates and, following page 13-4-5, 13-4-5: SFU Rate, Charges; Utility 13-6A-4, D. Early Placement: All solid waste and following three pages TITLE 14: 14-1A-1, Chapter 1, Article A. Building Code and following three pages 14-11-1, Chapter 1, Article I. Accessibility and ;following page 14-2-1, Chapter 2 Building Construction and following two pages TITLE 16: 16-5-2, dwellings and related recreational 16-5-3, 16-5-3: R-2 Two -Family Residential 16-5-4, 16-5-4: R -2A Alternate Two -Family 16-5-5, 16-5-5: R-3 Moderate Density 16-5-6, 16-5-6: R-4 Multi -Family Residential 16-5-10-8, 16-5-10-8: Standards For 16-5-13-1, General office 16-5-16-7, (graphic), (Ord. 52-09, 10.19-2009) and following page 16-5-23, 16-5-23: POS Public Open Space 16-13-3-5-2, E. All electrical service lines 16-14-6, Land Use, Mobile or manufactured 1.6-14-6, Land Use, Slaughterhouse or INDEX: -B-, Building And Development (cont.) -D-, Dangerous Animals and following two pages -H-, Human Rights (cont:) and following page -P-,Parks And Recreation (cont.) and following four pages -U-, Unified Development..., Special Exceptions INSERT NEW PAGE HEADED: Table Of Contents, Title 1, Administration and following page 13-1C-1 Chapter 1 Article C. Rates and following page 13-2C-1, Chapter 2, Article C. Rates and following page 13-4-5, 13-4-5: SFU Rate, Charges; Utility 13-6A-4, D. Early Placement: All solidwaste and following three pages 14-1A-1, Chapter 1, Article A. Building Code and following three pages 14-11-1, Chapter 1, Article I. Accessibility and following page 14-2-1, Chapter 2, Building Construction and following two pages 16-5-2, dwellings and related recreational 16-5-3, 16-5-3: R-2 Two -Family Residential 16-5-4, 16-5-4: R -2A Alternate Two -Family 16-5-5, 16-5-5: R-3 Moderate Density 16-5-6, 16-5-6: R-4 Multi -Family Residential 16-5-10-8, 16-5-10-8: Standards For 16-5-13-1, General office 16-5-16-7, (graphic), (Ord. 52-09',' 10-19-2009) and following page 16-5-23, 16-5-23: POS Public Open Space 16-13-3-5-2, E. All electrical service lines 16-14-6, Land Use, Mobile or manufactured "- 16-14-6, Land Use, Slaughterhouse or -B-, Building And Development (cont.) -D-, Dangerous Animals and following two pages -H-, Human Rights (cont.) and following page -P-, Parks And Recreation (cont.) and .following four pages -U-, Unified Development..., Special Exceptions PREFACE This city code of the city of Dubuque, as supple- mented, contains ordinances up to and including ordinance 56-12, passed September 17, 2012. Ordinances of the city adopted after said ordi- nance supersede the provisions of this city code to the extent that they are in conflict or inconsistent therewith. Consult the city office in order to ascertain whether any particular provision of the code has been amended, superseded or repealed. Sterling Codifiers Coeur d'Alene, Idaho November 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 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 November 2012 City of Dubuque TITLE 5 Transit System Transit Advisory Board; General Provisions TITLE 6 Health, Housing, Sanitation And Environment 1 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 Social Host Responsibility 5E Animal Control 6 Miscellaneous Provisions 6A Dogs And Cats 6B Rabies Control 6C Dangerous Animals 6D Potentially Vicious Dogs 6E Bicycles 7 November 2012 TITLE 8 Human Rights Definitions; General Provisions 1 Human Rights Commission 2 Unfair And Discriminatory Practices 3 Disability Discrimination 3A Enforcement Of Civil Rights 4 Fair Housing 5 TITLE 9 Motor Vehicles And Traffic General Provisions 1 Registration, Certification Of Title, And Proof Of Security Against Financial Liability ..... 2 Special Antitheft Law 3 Drivers' Licenses 4 Obedience To And Effect Of Traffic Laws 5 Powers Of Local Authorities 6 Operation 7 Pedestrians' Rights And Duties . 8 Special Stops Required 9 Miscellaneous Rules 10 School Buses 11 Equipment 12 Size, Weight And Load 13 Parking 14 Impoundment Of Vehicles 15 Miscellaneous City Provisions 16 TITLE 10 Public Ways And Property Streets, Sidewalks And Other Public Places 1 Excavations 2 City of Dubuque TITLE 10 (cont.) Encroachments On Public Places 3 Waste Collection Receptacles 3A Newsracks 3B Projecting Signs 3C Other Encroachments 3D Sidewalk Cafes 3E Mailboxes 3F Parades And Assemblies 4 Parks And Recreation 5 Administration 5A Use Regulations 5B Specific Parks 5C Railroads 6 Boats, Boating And Waterfront Structures TITLE 11 Rights Of Way Nonfranchised Communications Systems Cable Right Of Way Regulations Cable Communications Open Video Systems Cable Television Cable Franchise Agreement . . Community Teleprogramming Commission (Rep. by Ord. 5-12, 2-6-2012) 3B Cable Regulatory Commission (Rep. by Ord. 5-12, 2-6-2012) 3C Rates And General Regulations 3D Cable Services Customer Service Standards Gas Franchise Electric Franchises Interstate Power Company Maquoketa Valley Electric Cooperative TITLE 12 Airport Administration And Enforcement 1 General Regulations 2 Airport Zoning Regulations 3 TITLE 13 Public Utilities Water Use And Service 1 Connections 1A Water Meters 1B 7 Rates 10 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 1 Stormwater Management 4 2 Illicit Connections And 2A Discharges To Storm Sewer 2B System 5 3 Solid Waste 6 3A City Or Private Collection Service 6A TITLE 14 Building And Development Building Codes 1 3E Building Code And Regulations . 1A 4 Residential Code 1B 5 Energy Conservation Code 10 5A Electrical Code 1D Fire Code And Regulations 1E 5B Mechanical Code 1F April 2012 City of Dubuque 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 April 2012 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 2-6-1 2-6-2 CHAPTER 6 ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION SECTION: 2-6-1: Commission Created; Composition 2-6-2: Application And Appointment Process 2-6-3: Term; Filling Of Vacancies; Compensation 2-6-4: Duties 2-6-5: Organization 2-6-6: Procedures For Operations 2-6-1: COMMISSION CREATED; COMPOSITION: There is hereby created an environmental stewardship advisory commission, which shall consist of seven (7) members, who shall all be residents of the city, and shall include a member representing those who will inherit the environment (a person between the ages of 16 and 20 at time of appoint- ment), and six (6) members who shall include representation from diverse segments of the city's population. It is desirable to select some members who may have helpful backgrounds with environmental/biological science, healthcare, business/industry, and environmental/civic groups. (2007 Code § 18.5-21) 2-6-2: APPLICATION AND APPOINTMENT PROCESS: The appointment process to the commission by the city council shall include at least the following: A. An application form requesting basic information on the education, training, experience, expectations and other qualifications of the applicant; B. Notice to and an opportunity for the general public to comment in writing on the qualifications of each applicant; and City of Dubuque 2-6-2 2-6-4 C. A formal interview by the city council to determine the applicant's qualifications and ability to effectively serve on the commission. (2007 Code § 18.5-22) 2-6-3: TERM; FILLING OF VACANCIES; COMPENSATION: A. Term: The term of office for a member of the commission, other than the youth representative, shall be three (3) years, or until a successor is duly appointed. The youth representative shall be for a term of one year, expiring on June 1 of the following year. B. Removal Of Members: A commission member may be removed at any time with or without cause by a vote of two-thirds (2/3) of all members of the city council. C. Filling Of Vacancies: A vacancy on the commission caused by resig- nation or otherwise shall be filled by appointment by the city council for the remainder of the unexpired term. D. Compensation: Members of the commission shall serve without compensation except for actual expenses, which shall be subject to approval by the city council. E. Expiration Of Term: The term of office of a member shall expire October 1. (2007 Code § 18.5-23) 2-6-4: DUTIES: The duties of the commission shall be as follows: A. To develop, articulate and propose goals, objectives and policies for the stewardship of the city's environment and its ecological systems for present and future generations. An initial report to the city council should be completed within a year and thenceforth periodically. It shall also include sections on the current condition of the city's natural environments and on the progress being made in achieving the city's environmental quality goals. B. To advise and inform the city council on environmental stewardship issues, including the implementation of and compliance with, legislation, regulations and policies. C. To hold public forums on specific issues at the direction of the city council. City of Dubuque 2-10-1 2-10-4 SECTION: 2-10- 1: 2-10- 2: 2-10- 3: 2-10- 4: 2-10- 5: 2-10- 6: 2-10- 7: 2-10- 8: 2-10- 9: 2-10-10: 2-10-11: 2-10-12: 2-10-13: CHAPTER 10 SAFE COMMUNITY ADVISORY COMMITTEE Committee Created Mission Internal Organization And Rules Procedures For Operation Membership Terms Vacancies Officers/Organization Meetings Compensation Removal Powers Sunset Of Safe Community Advisory Committee 2-10-1: COMMITTEE CREATED: There is hereby created the safe community advisory committee to have such powers and responsibilities as hereinafter provided. (Ord. 55-10, 10-4-2010) 2-10-2: MISSION: The mission of the committee shall be to monitor the implementation and progress of the safe community task force recommendations. (Ord. 55-10, 10-4-2010) 2-10-3: INTERNAL ORGANIZATION AND RULES: The committee may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with this code or state code. (Ord. 55-10, 10-4-2010) 2-10-4: PROCEDURES FOR OPERATION: All administrative, person- nel, accounting, budgetary, and procurement policies of the city shall govern the committee in all its operations. (Ord. 55-10, 10-4-2010) February 2012 City of Dubuque 2-10-5 2-10-9 2-10-5: MEMBERSHIP: The safe community advisory committee shall consist of nine (9) residents of the city of Dubuque, appointed by the city council. (Ord. 55-10, 10-4-2010) 2-10-6: TERMS: The term of office for members of the safe community advisory committee begins on January 1, 2011, and ends on December 31, 2012. (Ord. 55-11, 12-19-2011) 2-10-7: VACANCIES: Vacancies caused by death, resignation, or otherwise shall be promptly filled by the city council for the unexpired term of office. (Ord. 55-10, 10-4-2010) 2-10-8: OFFICERS/ORGANIZATION: The committee shall choose annually, from its own membership, a chairperson and vice chairperson. The chairperson shall appoint a secretary, who need not be a member of the committee. The committee shall fill vacancies among its officers for the remainder of the unexpired term. (Ord. 55-10, 10-4-2010) 2-10-9: MEETINGS: A. Regular Meetings: The safe community advisory committee shall meet quarterly. B. Special Meetings: Special meetings may be called by the chair- person or at the written request of three (3) members. C. Open Meetings: All meetings shall be called and held in confor- mance with the Iowa open meetings law. D. Attendance: 1. In the event a member of the safe community advisory committee, created by this chapter, has been absent for two (2) or more consecutive meetings of the committee, without being excused by the chairperson, it shall be grounds for the committee to recommend to the city council that the position be declared vacant and a replacement appointed. 2. Attendance shall be entered upon the minutes of all meetings. February 2012 City of Dubuque 2-10-9 2-10-13 E. Minutes: A copy of the minutes of all regular and special meetings of the committee shall be filed with the city council within ten (10) working days after each meeting. F. Quorum: Five (5) members of the committee shall constitute a quorum for the transaction of business. The affirmative vote of at least five (5) members shall be necessary for the adoption of any resolution. (Ord. 55-10, 10-4-2010) 2-10-10: COMPENSATION: The members of the safe community advisory committee created by this chapter shall serve with- out compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official committee business and such shall be within the limits established in the city budget. (Ord. 55-10, 10-4-2010) 2-10-11: REMOVAL: The city council may remove any member of any board or committee which it has established. (Ord. 55-10, 10-4-2010) 2-10-12: POWERS: The safe community advisory committee shall have the following powers, duties, and responsibilities: A. Monitor the implementation and progress of the safe community task force recommendations. B. Serve as conduit for information to the city manager. C. Provide reports to the city council as needed. D. Research and tasks as assigned by the city council. (Ord. 55-10, 10-4-2010) 2-10-13: SUNSET OF SAFE COMMUNITY ADVISORY COMMITTEE: The safe community advisory committee shall cease to exist on December 31, 2012. (Ord. 55-11, 12-19-2011) February 2012 City of Dubuque TITLE 4 BUSINESS AND LICENSE REGULATIONS Subject Chapter 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 Establishments 8 Peddlers And Transient Merchants 9 City of Dubuque 4-2A-3 4-2A-4 F. Keep, or allow to be kept, gambling devices of any kind or description on the premises of place of business of the licensee or permit holder, contrary to law; (Ord. 10-09, 2-16-2009) G. Keep on premises covered by a liquor control license any alcoholic liquor in any container except the original package purchased from the division and except mixed drinks or cocktails mixed on the premises for immediate consumption. This prohibition does not apply to common carriers holding a class D liquor control license; H. Reuse for packaging alcoholic liquor or wine any container or receptacle used originally for packaging alcoholic liquor or wine; or adulterate, by the addition of any substances, the contents or remaining contents of an original package of an alcoholic liquor or wine; or knowingly possess any original package which has been so reused or adulterated; or Sell, give, or otherwise supply any alcoholic beverage, wine, or beer to any person, knowing or failing to exercise reasonable care to ascertain whether the person is under legal age, or permit any person, knowing or failing to exercise reasonable care to ascertain whether the person is under legal age, to consume any alcoholic beverage, wine, or beer. Violation of this section is punishable as a scheduled violation under Iowa Code section 805.8C(2). (Ord. 21-09, 4-20-2009) 4-2A-4: SUNDAY SALES: Any club, hotel, motel, or commercial establishment holding a liquor control license, subject to section 123.49, subsection 2, paragraph b of the code of Iowa, may apply for and receive permission to sell and dispense alcoholic liquor and wine to patrons on Sunday for consumption on the premises only, and beer for consumption on or off the premises between the hours of eight o'clock (8:00) A.M. on Sunday and two o'clock (2:00) A.M. on the following Monday. A class D liquor control licensee may apply for and receive permission to sell and dispense alcoholic beverages to patrons for consumption on the premises only between the hours of eight o'clock (8:00) A.M. on Sunday and two o'clock (2:00) A.M. on the following Monday. For the privilege of selling beer, wine, and alcoholic liquor on the premises on Sunday, the liquor control license fee of the applicant shall be increased by twenty percent (20%) of the regular fee prescribed for the license pursuant to this section, and the privilege shall be noted on the liquor control license. (Ord. 10-09, 2-16-2009) City of Dubuque 4-2A-5 4-2A-7 4-2A-5: ADVERTISEMENT FOR ALCOHOL, LIQUOR, WINE OR BEER: No signs or other matter advertising any brand of alcoholic liquor, beer or wine shall be erected or placed upon the outside of any premises occupied by a licensee or permittee authorized to sell liquor, beer or wine at retail. This section does not prohibit the use of signs or other matter inside a fence or similar enclosure which wholly or partially surrounds the licensed premises. (Ord. 10-09, 2-16-2009) 4-2A-6: CONSUMPTION IN PUBLIC PLACES: It is unlawful for any person to use or consume alcoholic liquors, wine or beer upon the public streets or highways or alcoholic beverages in any public place except premises covered by a liquor control license, or to possess or consume alcoholic liquors, wine, or beer on any public school property or while attending any public or private school related functions. As used in this section, "school" means a school or that portion of a school which provides teaching for any grade from kindergarten through grade 12. (Ord. 10-09, 2-16-2009) 4-2A-7: PERSONS UNDER LEGAL AGE: A. Purchase Or Possession Prohibited: 1. A person or persons under legal age shall not purchase or attempt to purchase or individually or jointly have alcoholic liquor, wine or beer in their possession or control; except in the case of liquor, wine or beer given or dispensed to a person under the legal age within a private home and with the knowledge, presence, and consent of the parent or guardian for beverage or medicinal purposes or administered to the person by either a physician or dentist for medicinal purposes and except to the extent that a person under the legal age may handle alcoholic liquor, wine and beer during the regular course of the person's employment by a liquor control licensee, or wine or beer permittee under this subsection. 2. A person who is under legal age, other than a licensee or permittee, who violates this subsection regarding the purchase of or attempt to purchase alcoholic liquor, wine or beer, or possessing or having control of alcoholic liquor, wine or beer commits a simple misdemeanor punishable by a scheduled fine as established pursuant to Iowa Code section 805.8c. City of Dubuque 4-2B-6 4-2B-8 approval by the city council, must give consent in writing on the application that members of the fire, police, building and health departments may enter upon the premises without warrant to inspect for violations of the provisions of state law and of this chapter. B. Requirements: In addition to any other requirements, the premises for which a beer permit, wine permit, or liquor control license is sought shall meet the following requirements: 1. No liquor control license, wine permit or beer permit shall be approved for premises which do not conform to all applicable laws, provisions of this code, and other ordinances, resolutions, and health and fire regulations. 2. No licensee shall have or maintain any interior access to resi- dential or sleeping quarters unless permission is granted by the administrator in the form of a living quarters permit. 3. The premises for which a retail beer permit is sought shall be located within a business district or an area now or hereafter zoned to permit such business and shall conform to the zoning require- ments of the city. However, no class B beer permit shall be issued for premises located in local business A district classification unless a public hearing is first held therefor and due notice of such public hearing has first been given. 4. The premises of a retail beer permittee shall, at the time of the application, continue to be equipped with sufficient tables and seats to accommodate twenty five (25) people at one time. (Ord. 10-09, 2-16-2009) 4-2B-7: PROOF OF FINANCIAL RESPONSIBILITY: Each liquor control licensee and retail beer permittee shall furnish proof of financial responsibility either by the existence of a liability insurance policy or by posting bond in such amount as shall be determined by the division. (Ord. 10-09, 2-16-2009) 4-2B-8: FEES AND SURCHARGES: Fees and surcharges shall be submitted with the respective application for a beer permit, wine permit, or liquor control license in accordance with the requirements of the code of Iowa. (Ord. 10-09, 2-16-2009) City of Dubuque 4-2B-9 4-2B-12 4-2B-9: ACTION BY COUNCIL; FORWARDING OF DOCUMENTS TO STATE: Action taken by the city council shall be so endorsed on the application and thereafter the application, necessary fee, and bond, if required, shall be forwarded to the division for such further action as is provided by law. (Ord. 10-09, 2-16-2009) 4-2B-10: NATURE AND SCOPE OF LICENSE OR PERMIT: A liquor control license, or beer or wine permit shall be a purely personal privilege and shall be revocable for cause; it shall not constitute property nor be subject to attachment and execution, nor be alienable nor assignable and, in any case, it shall cease upon the death of the permittee or licensee; however, the director may, in the director's discretion, allow the executor or administrator of a permittee or licensee to operate the business of the decedent for a reasonable time, not to exceed the expiration date of the permit or license. Each permit or license shall be issued in the name of the applicant and no person holding a permit or license shall allow any other person to use it. (Ord. 10-09, 2-16-2009) 4-2B-11: TRANSFERABILITY AS TO LOCATION: The city council may, in its discretion, authorize a licensee or permittee under this article to transfer the license or permit from one location to another within the city; provided, that the premises to which the transfer is to be made would have been eligible for a license or permit in the first instance and the transfer will not result in the violation of any law, provisions of this code, or other city ordinance. (Ord. 10-09, 2-16-2009) 4-2B-12: SURRENDER OF PERMIT OR LICENSE; REFUND OF FEE: A. Voluntary Surrender: Any licensee or permittee under this article, or any licensee's or permittee's executor, administrator, or any person duly appointed by a court to take charge of and administer the property or assets of the licensee or permittee for the benefit of the licensee's or permittee's creditors may voluntarily surrender such license or permit to the division, and when so surrendered, the division shall notify the city. B. Refund Of Fee: The division and the city, or the city by itself in the case of a retail beer permit, shall refund to the person so surrendering the license or permit a proportionate amount of the fee paid for such license or permit as follows: City of Dubuque 4-5-1 4-5-3 CHAPTER 5 DOOR TO DOOR SALES SECTION: 4-5-1: Definition 4-5-2: License Required 4-5-3: Exemptions 4-5-4: Application For License; Bond 4-5-5: Issuance Of License; Fee 4-5-6: Display Of License 4-5-7: Transferability Of License 4-5-8: Suspension Or Revocation Of License 4-5-1: DEFINITION: The term "door to door sales" shall mean selling or offering to sell goods, merchandise or services from door to door. (Ord. 71-08, 10-20-2008) 4-5-2: LICENSE REQUIRED: Any person engaging in door to door sales in this city without first obtaining a license as provided in this chapter shall be in violation of this chapter. (Ord. 71-08, 10-20-2008) 4-5-3: EXEMPTIONS: This chapter shall not apply to the following: A. To vendors of goods, merchandise or services delivered or sold to established customers; B. To nonprofit organizations filed under or authorized by chapter 504 of the Iowa Code or authorized and organized under statutes or regulations of the United States government, or approved by the internal revenue service, where such organizations have a permanent office in Dubuque County, Iowa; C. To churches, public and private schools and colleges that have a permanent office in Dubuque County, Iowa; or City of Dubuque 4-5-3 4-5-6 D. To nonprofit clubs and lodges not ordinarily conducted as a business and which do not meet the requirements of chapter 504 of the Iowa Code and that have a permanent office in Dubuque County, Iowa. (Ord. 71-08, 10-20-2008) 4-5-4: APPLICATION FOR LICENSE; BOND: A. Contents Of Application: Each person engaged in door to door sales shall file an application for a license with the city clerk. Such application shall set forth the applicant's name, permanent and local address, business address, if any, and physical description. The application also shall set forth the applicant's employer or sponsor, if any, and the employer's or sponsor's address and telephone number, the nature of the applicant's business, the last three (3) places of such business, and the length of time sought to be covered by the license. At the time of filing the application with the city clerk, the applicant shall also provide two (2) forms of identification, including one form with picture identification. B. Bond: An applicant for a license shall also file with the city clerk a surety bond in the amount of five thousand dollars ($5,000.00), conditioned that the applicant shall comply fully with all ordinances of the city and laws regulating door to door sales, and guaranteeing to any resident of the city that all monies paid will be accounted for and applied according to the representation of the licensee, said bond to continue in force as to such surety for not Tess than one year from the date of the license. Action on such bond may be brought by any resident of the city. (Ord. 71-08, 10-20-2008) 4-5-5: ISSUANCE OF LICENSE; FEE: Within five (5) days of the filing of a completed application, payment of the applicable license fee and delivery of a valid surety bond, the city clerk shall issue a license to the applicant valid for a period of sixty (60) days. A schedule of the applicable license fees based upon the duration of the license shall be established by the city clerk. (Ord. 71-08, 10-20-2008) 4-5-6: DISPLAY OF LICENSE: A door to door sales licensee shall, at all times while doing business in this city, prominently display the license so that it is clearly visible to anyone to whom the person is selling or offering for sale goods, merchandise or services. The licensee shall also, at the time of selling or offering for sale goods, merchandise or City of Dubuque 4-5-6 4-5-8 service, provide each prospective customer with a copy of the license to be retained by the prospective customer. (Ord. 71-08, 10-20-2008) 4-5-7: TRANSFERABILITY OF LICENSE: No door to door sales license shall be sold or transferred. (Ord. 71-08, 10-20-2008) 4-5-8: SUSPENSION OR REVOCATION OF LICENSE: Any license issued pursuant to this chapter may be suspended or revoked or its renewal denied for violation of this chapter or any other chapter of this code. (Ord. 71-08, 10-20-2008) City of Dubuque 4-6-1 4-6-1 CHAPTER 6 JUNK AND SECONDHAND DEALERS AND PAWNBROKERS SECTION: 4-6- 1: Definitions 4-6- 2: License Required 4-6- 3: Businesses Requiring Annual Licenses 4-6- 4: License Suspension Or Revocation 4-6- 5: Required Records 4-6- 6: Purchases From Minors Restricted 4-6- 7: Purchases, Security And Consignment Transactions 4-6- 8: Inspection For Stolen Property 4-6- 9: Screening Requirements For Junk And Salvage Operations 4-6-10: Moratorium On Issuance Of Licenses For Junk And Secondhand Dealers And Pawnbrokers 4-6-1: DEFINITIONS: For the purposes of this chapter, the following definitions shall apply: AUTO SALVAGE DEALER: JUNK: JUNK DEALER: Any person who engages in the business of buying motor vehicles, motorcycles, motorized bicycles or parts thereof or tires for resale in whole or in part as junk or as used parts. Old or scrap copper, brass, wire, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, wrecked, or parts of, motor vehicles, motorcycles, or motorized bicycles, or iron, steel, or other old or scrap ferrous or nonferrous material. Any person who purchases junk for the purpose of resale and who possesses a state of Iowa retail sales tax permit. PAWNBROKER: Any person who makes loans or advancements upon pawn, pledge or deposit of personal August 2012 City of Dubuque 4-6-1 4-6-3 SECONDHAND DEALER: property, or who receives actual possession of personal property as security for a loan, with or without a mortgage or bill of sale, or otherwise holds themselves out as a pawnbroker. Any person who purchases used goods or materials, as set out in section 4-6-7 of this chapter, for the purpose of resale and who possesses a state of Iowa retail sales tax permit or who, while not required to possess a state of Iowa retail sales tax permit, advertises and purchases antiques, used or scrapped jewelry and precious metals. Nonprofit corporations and businesses which are not primarily engaged in a sale of secondhand goods are exempt from this chapter. (2007 Code § 29-1) 4-6-2: LICENSE REQUIRED: A. License Required; Application: No person shall engage in the busi- ness of junk dealer, auto salvage dealer, pawnbroker or secondhand dealer without first obtaining a license therefor. Applications for such licenses shall be filed with the city clerk and issued by the city clerk. B. License Authorization: The license shall serve as authorization for a particular person to engage in business at a specific location. (2007 Code § 29-21) 4-6-3: BUSINESSES REQUIRING ANNUAL LICENSES: A. Annual Renewal: The license shall be renewed annually for the following businesses: 1. Junk dealers; 2. Auto salvage dealers; 3. Pawnbrokers; and 4. Secondhand dealers. August 2012 City of Dubuque 4-6-3 4-6-4 B. Collection Of Nonrefundable Fee; License Term: A nonrefundable fee established by the city manager shall be collected and all licenses shall expire on February 1 of each year. (2007 Code § 29-22) 4-6-4: LICENSE SUSPENSION OR REVOCATION: A. Reasons For Suspension Or Revocation: The city manager may, upon good cause, suspend or revoke any license issued under this chapter for a period not to exceed one year for any of the following: 1. Violations of any provision of this chapter; 2. Misrepresentation of any material fact in the application for a license; and 3. Failure to cooperate with law enforcement. B. Holding Other Licenses During License Suspension: Any licensee whose license is suspended shall not during said suspension be allowed to hold any other license under this chapter. C. License Revocation; Time Period For Reapplication: Any licensee whose license is revoked shall not be allowed to apply for any license under this chapter for one year following the revocation. D. Issuance To Relatives Or Financially Interested Persons During License Suspension: No new license shall be issued to the spouse, relative within the first degree of consanguinity as defined by the Iowa Code or any person holding a financial interest in the licensed premises during the period the license has been suspended. E. Issuance To Relatives Or Financially Interested Persons Following License Revocation: No new license under this chapter shall be issued to the spouse or relative within the first degree of consanguinity as defined by the Iowa Code or any person holding a financial interest in the licensed premises for one year after revocation. F. Notice Of License Suspension Or Revocation: The city manager shall cause to be issued a notice that said license is suspended or revoked and therein set forth the reason(s) therefor. Said notice shall be sent by certified United States mail to the registered business City of Dubuque 4-6-4 4-6-5 address on file with the city clerk or by personal service as provided by Iowa law. G. Appeal City Manager Decision To City Council: A written notice of appeal to the city council from a decision of the city manager shall be filed with the city clerk by the licensee within ten (10) days from the receipt of the notice of suspension or revocation. (2007 Code § 29-23) 4-6-5: REQUIRED RECORDS: A. Form For Recording Goods Received: When goods or materials described in this chapter are received by purchase, as security or on consignment, it shall be the duty of the person receiving the goods or materials to permanently record on forms approved by the chief of police. All forms printed, whether used or voided, shall be accounted for by the licensee. The forms shall contain the following information: 1. Name and address of the person from whom it was received with the means of identification used, i.e., driver's license, birth certifi- cate, etc.; 2. Date, time and place of the transaction; 3. A detailed and accurate description of each article received including serial numbers or identifying marks. In the case of junk, a general description of the composition of aggregate purchase is sufficient; 4. A record of whether the transaction was a purchase, a security or consignment transaction; 5. A record of monies paid or loaned and which may be maintained separately but which must be available for inspection in the course of examination of individual transactions; 6. A record of name, address and how an article was disposed of, if not redeemed. This subsection does not apply to disposition of junk; All forms, whether used or not, shall be maintained in numerical sequence. B. Inspection By Police Officers: All receipts and records pertaining to the receipt of goods and materials as described in this chapter shall City of Dubuque 4-6-5 4-6-7 be open to inspection during regular business hours by any police officer acting in the course of official duty and under the direction of the chief of police. C. Maintenance On Electronic Database: The chief of police may authorize the records required in this section be maintained in an electronic database in lieu of printed forms. The chief of police shall approve any database system prior to its being utilized by a secondhand dealer or pawnbroker. (2007 Code § 29-2) 4-6-6: PURCHASES FROM MINORS RESTRICTED: No pawn- broker, secondhand dealer or junk dealer and no clerk, agent or employee thereof shall purchase or receive property from any person under the age of eighteen (18) years without first obtaining and receiving the written consent of the parent or guardian of such person. Such written consent shall be made a part of the required records and subject to all provisions of this chapter. (2007 Code § 29-3) 4-6-7: PURCHASES, SECURITY AND CONSIGNMENT TRANSAC- TIONS: A. Application Of Chapter To Certain Goods And Materials: The purchase or receipt as security, or on consignment, of the following listed goods or materials shall be governed by this chapter: Bicycles. CDs, DVDs, videos, tapes and other similar mediums of trans- mitting images or sounds. Collectibles. Computers, software and computer accessories. Electronic equipment. Glassware. Household appliances. Household furniture. Jewelry. City of Dubuque 4-6-7 4-6-8 Junk. Lawn and garden tools, equipment and furnishings. Motor vehicle parts and equipment. Photographic/video parts and equipment. Precious and semiprecious stones. Precious metals and coins. Radio equipment Rare books. Silver/silverware. Sporting goods. Stereo equipment. Television equipment. Tools. Untitled motor vehicles. Works of art. B. Jewelry And Precious Metals: Antique, used or scrap jewelry and precious metals shall be retained in the local place of business and it shall be unlawful to change the form of said items by melting, remounting, cutting up or otherwise changing the form of said items for a period of one hundred twenty (120) hours from the time of said transaction. C. Exempt Items: The following listed items shall be exempt from the provisions of this chapter: beverage containers and scrap paper. (2007 Code § 29-4) 4-6-8: INSPECTION FOR STOLEN PROPERTY: Whenever any police officer shall have reason to believe that any license holder has in such license holder's possession or on such license holder's City of Dubuque 4-6-8 4-6-9 premises any stolen property, the police officer shall have the right and duty to enter and inspect the licensed premises for the purpose of recovering stolen property. (2007 Code § 29-5) 4-6-9: SCREENING REQUIREMENTS FOR JUNK AND SALVAGE OPERATIONS: A. Approval Of Screening Plan: An operator of a junkyard/salvage operation shall submit to the city manager a screening plan which shall be approved for each individual premises. The screening plan shall integrate the screen with the natural surroundings and shall consider and make provisions to assure reasonable access to the screen for purposes of maintaining the screens. B. Purpose Of Screening: The purpose of screening is to eliminate the visual impact of the junkyard contents by obscuring it from view outside the premises. C. Materials For Use In Screening: Materials for use in screening of junkyard shall generally consist of natural elements, plantings, fences, or other appropriate means such as storage sheds, buildings and other similar elements. 1. Natural elements shall be earthen berms, rock formations, wooded areas, or other similar elements. 2. Plantings shall be shrubs and trees of such types as to provide year round obscurement commensurate with local site conditions. All plant material used for screening shall be of a size and quantity to provide obscurement. 3. Screens shall be made of wood, metal or other materials commonly used in the building trade, and shall be of such height and type as necessary to provide obscurement. Screens shall be designed to withstand a minimum wind load of twenty (20) pounds per square foot and shall be of a permanent nature. All materials used for finishing screens shall be a nonreflective material which will blend with the natural surroundings. Screening shall not be placed in any manner so that either the screen or the maintenance of screen will create or contribute to the creation of a safety hazard or endanger public safety, nor will it interfere with the public's use of any right of way. August 2012 City of Dubuque 4-6-9 4-6-10 D. Maintenance Requirements: Junkyard/salvage operators shall main- tain the screening in a condition equal to the original installation of the screening. Maintenance shall include, but not be limited to, the following items: 1. Replacement of plant material which is dead or has been damaged so that it no longer serves the intended purpose of screen- ing the operation. 2. Screen maintenance shall include the renewal of the surface treatment with stains, paints, or other appropriate materials when needed and the replacement of panels, sections, members or support structures of the screening when needed. (2007 Code § 29-6) 4-6-10: MORATORIUM ON ISSUANCE OF LICENSES FOR JUNK AND SECONDHAND DEALERS AND PAWNBROKERS: The city clerk may not issue a license for any new junk and secondhand dealer or pawnbroker within the city of Dubuque for a period of six (6) months from the date of this section except where a vested right to the issuance of such permit accrued prior to the effective date hereof. Any person, firm, or corporation aggrieved or adversely affected by the building official's refusal to issue a permit pursuant to this moratorium may appeal therefrom to the city council. The city council may direct the city clerk to issue a license where the city council finds that the refusal to issue a license would deprive the owner of the property of a vested right. (Ord. 40-12, 6-18-2012) August 2012 City of Dubuque 4-7A-1 4-7A-2 CHAPTER 7 VEHICLES FOR HIRE AND PUBLIC TRANSPORTATION ARTICLE A. NONMOTORIZED VEHICLES SECTION: 4-7A-1: 4-7A-2: 4-7A-3: 4-7A-4: 4-7A-5: Definitions Posting Of Rates Operation Requirements Business License Requirements; Fees; Insurance Driver's License Requirements 4-7A-1: DEFINITIONS: The following words and phrases, when used in this article, shall have the following meanings: DRIVER: HORSEDRAWN CARRIAGE: NONMOTORIZED VEHICLE: PEDICAB: Any person who operates a nonmotorized vehicle in the transportation of passengers and who receives any compensation for such service in wages or commissions or who is otherwise paid, directly or indirectly. A chauffeured nonmotorized vehicle pulled by horses and engaged in the business of carrying passengers. Any conveyance designed to carry a driver and passengers which is propelled by a means other than a motor. A chauffeured nonmotorized vehicle, propelled by pedals, engaged in the business of carrying passengers. (Ord. 11-09, 2-16-2009) 4-7A-2: POSTING OF RATES: No person shall operate a nonmotorized vehicle without posting in clear view within the City of Dubuque 4-7A-2 4-7A-3 passenger compartment a printed rate card Targe enough to be read by the passengers in the vehicle, showing the rates. (Ord. 11-09, 2-16-2009) 4-7A-3: OPERATION REQUIREMENTS: The operation of a nonmotorized vehicle shall meet the following requirements: A. Age Of Driver: The driver of a nonmotorized vehicle shall be a person who is at least eighteen (18) years of age and holds a valid motor vehicle operator's license. B. Year Round Operation: The months of operation shall be year round beginning April 1. C. Routes: Nonmotorized vehicles shall be operated only on routes within the Main Street district cultural corridor as established by the city manager. The city manager may require such routes to be changed at any time in the event of a sudden hazard, construction, special event, or for such other reason as the city manager determines to be necessary. D. Parking: Nonmotorized vehicles shall be allowed to stop, stand, or park at any nonrestricted meters in the Main Street district cultural corridor. E. Stopping For Picking Up Or Dropping Off: When collecting fees or picking up or dropping off passengers, the driver shall stop, stand, or park the vehicle only in approved locations or parallel to the curb, taking care not to block traffic lanes, crosswalks, or intersections, or to otherwise impede the flow of vehicular or pedestrian traffic. F. Use Of Streets: Nonmotorized vehicles shall be operated only on city streets and shall not be operated on sidewalks. G. Conducting Business On Private Property: The driver of a nonmotorized vehicle shall not conduct business on private property without the prior consent of the property owner. H. Use Of Passenger Compartment: Passengers shall be limited to the passenger compartment of the vehicle and shall not board or exit the vehicle while it is in motion or in a traffic lane or intersection. Alcoholic Beverages Prohibited: No open alcoholic beverage containers or consumption of alcoholic beverages shall be allowed in a vehicle or in the possession of the driver or passengers. City of Dubuque 4-7A-3 4-7A-4 J. Posting Notices Of Charges And Routes: The operator of a business providing nonmotorized vehicle transportation shall post notices in each vehicle and in each waiting room or at each station owned or used by the operator stating the charges and routes or methods of operation. K. Vehicle Equipment: Nonmotorized vehicles shall be equipped with headlights, taillights, reflectors, and a slow moving vehicle sign. L. Safe Condition Of Vehicle: The owner or driver of a nonmotorized vehicle shall keep it in a safe and operating condition at all times. The chief of police is hereby authorized, either on complaint of any person or without such complaint, to inspect the nonmotorized vehicle and upon discovery of any unsafe condition, to notify the person operating the vehicle to cease operation. Thereupon said nonmotorized vehicle shall be kept off the street until such unsafe condition has been corrected. (Ord. 11-09, 2-16-2009) 4-7A-4: BUSINESS LICENSE REQUIREMENTS; FEES; INSURANCE: A. Business License Required: No person shall operate a pedicab, horsedrawn carriage, or other nonmotorized passenger transporta- tion business for the purpose of public transportation, whether or not passengers are charged for the service, without first obtaining an annual license therefor as provided in this article. B. Application For Business License: 1. An application for a nonmotorized transportation business license shall be filed with the city manager on a form provided by the city manager. a. The application shall contain the following information: (1) The name of the applicant. (2) The name and address of each of the principal officers of the business and the name and address of each partner, trustee, owner, or other person with a financial interest in the applicant. (3) A description of the methods, procedures, hours of opera- tion, and equipment to be used. City of Dubuque 4-7A-4 4-7A-4 (4) A map of the city showing the locations of proposed routes or methods of operation, including proposed stations to stop, stand, or park vehicles to pick up and drop off passengers and proposed locations to store or keep vehicles, animals, and equipment related to the operation. (5) The identification, descriptive information, and photo- graphs of each nonmotorized vehicle. (6) The names, addresses, and dates of birth of all drivers of nonmotorized vehicles. Such information shall be updated with the city manager for each new driver before any driver operates a nonmotorized vehicle for the purpose of public transportation. b. Falsification of information on an application shall be grounds for denial or revocation of a license. 2. The city manager shall cause the chief of police to investigate each application for a nonmotorized transportation business license and a report of such investigation shall be submitted by the chief of police to the city manager. C. Consideration Of Application: The city manager shall, upon consideration of the application and the information required herein, approve or reject the application. If the application is rejected, the applicant may file with the city clerk a written notice of appeal from the city manager's decision. D. Fees: At the time of filing the application, the applicant shall pay to the city manager a nonrefundable application business fee estab- lished by the city manager. At the time of issuance of a non - motorized vehicle license, the applicant shall pay to the city manager a nonmotorized vehicle license fee established by the city manager. E. Insurance: Prior to the issuance of a license, the applicant shall submit to the city manager proof of, and shall maintain at all times during operation of the business, such insurance as the city manager shall determine appropriate. F. Renewals: All licenses under this article shall expire on March 31 of each year. City of Dubuque 4-7A-4 4-7A-5 G. Display: The nonmotorized transportation license shall be fastened upon the vehicle and shall not be removed until the expiration of the license. H. Suspension Or Revocation Of License: 1. A license may be revoked or suspended by the city manager for a violation of any of the provisions of this article, any other ordinances of the city, or laws of the United States or the state of Iowa which demonstrate the lack of fitness of the licensee to offer public transportation. 2. The licensee shall be given not less than ten (10) days' written notice of the proposed action to be taken prior to suspension or revocation. The licensee may file with the city clerk a written notice of appeal to the city council from the suspension or revocation. Transfer Restricted: No nonmotorized transportation business license may be sold, assigned, mortgaged, or otherwise transferred. (Ord. 11-09, 2-16-2009) 4-7A-5: DRIVER'S LICENSE REQUIREMENTS: A. Driver's License Required: No person shall operate a nonmotorized vehicle for hire upon the streets of the city and no person who owns or controls such vehicle shall permit it to be so driven, and no such vehicle shall be so driven at any time for hire, unless the driver of such vehicle shall have first been issued a driver's license under the provisions of this article. B. Application For Driver's License: 1. An application for a driver's license shall be filed with the city manager on a form provided by the city manager. 2. The city manager shall cause the chief of police to investigate each applicant for a license and a report of such investigation shall be submitted to the city manager. Such report shall state whether or not the applicant has a valid motor vehicle operator's license. C. Consideration Of Application: The city manager shall, upon consideration of the application and the reports required by this article, approve or reject the application. City of Dubuque 4-7A-5 4-7A-5 D. Issuance Of License; Duration; Annual Fee: 1. Upon approval of an application for a license, the city manager shall issue a license to the applicant upon the payment of an annual fee as determined by the city manager. Such license shall be in effect for the remainder of the calendar year. The license shall be renewed every calendar year thereafter upon the payment of an annual fee unless the license for the preceding year is in suspension or has been revoked. 2. The driver shall wear the license upon the clothing of the driver at all times during the operation of the vehicle. E. Failure To Comply With City, State And Federal Laws: A driver licensed under this article shall comply with all applicable city, state, and federal laws. (Ord. 11-09, 2-16-2009) City of Dubuque 4-7B-1 4-7B-1 CHAPTER 7 VEHICLES FOR HIRE AND PUBLIC TRANSPORTATION ARTICLE B. MOTORIZED VEHICLES FOR HIRE SECTION: 4-7B-1: 4-7B-2: 4-7B-3: 4-7B-4: 4-7B-5: 4-7B-6: 4-7B-7: 4-7B-8: 4-7B-9: 4-7B-1: Definitions Exemptions Taximeter Required Posting Of Rates Manifests Open Stands Vehicles, License And Maintenance Operator's Permit Requirements; Insurance; Fees Driver's License Requirements; Fee DEFINITIONS: The following words and phrases, when used in this article, shall have the following meanings: CHARTER A vehicle furnished with a driver that carries TRANSPORTATION: passengers for hire either on a fixed route in the city or pursuant to a written contract with reservations in advance of the service. The vehicle shall operate without a meter installed and charge for services on an hourly basis or longer periods of time. DRIVER: Any person who operates a motor vehicle in the transportation of persons and who receives any compensation for such service in wages or commissions or who is otherwise paid, directly or indirectly. EXTRA LUGGAGE: Luggage in excess of two (2) suitcases per person. City of Dubuque 4-7B-1 4-7B-1 MANIFEST: A daily record prepared by a taxicab driver of all trips made by said driver showing time and place of origin, destination, number of passengers, and the amount of fare of each trip. MOTORIZED VEHICLE: A machine which incorporates a motor, some- times known as an engine, and which is used for transportation. NONPROFIT TAXICAB: A vehicle furnished with a driver that carries passengers on a volunteer basis. The vehicle shall operate without a meter installed and charge for services per ride or on an hourly basis or longer periods of time. OPEN STAND: OPERATOR OR HOLDER: RATE CARD: RELATED GROUP: TAXICAB: TAXIMETER: A public place alongside the curb of a street or elsewhere in the city that has been designated by the city manager as reserved exclusively for the use of taxicabs. A person to whom an operator permit has been issued by the city. A card issued by the operator for display in each taxicab and that contains the rates of fare then in force. A single telephone call to the taxicab company to pick up more than one person with no more than two (2) suitcases per person from the same point of origin to the same destination. All vehicles furnished with a driver which carry passengers for hire within the city. "Charter transportation", as defined in this section, nonprofit taxicabs, and vehicles owned or operated by any governmental entity that provide public transportation are not taxicabs. A meter instrument or device attached to a taxicab which measures electronically the distance driven and the waiting time upon which the fare is based. City of Dubuque 4-7B-1 4-7B-5 VEHICLE FOR HIRE: WAITING TIME: A vehicle providing shared transportation which transports one or more passengers between locations of the passengers' choice, or close to it. The time when a taxicab is not in motion from the time of acceptance of a passenger or passengers to the time of discharge, but does not include any time that the taxicab is not in motion if due to any cause other than the request, act, or fault of a passenger or passengers. (Ord. 11-09, 2-16-2009) 4-7B-2: EXEMPTIONS: Nonprofit taxicabs and charter transportation shall be exempt from the provisions of this chapter. (Ord. 11-09, 2-16-2009) 4-7B-3: TAXIMETER REQUIRED: No person shall operate a taxicab without a taximeter fastened in front of the passengers, visible to them at all times day and night, and after sundown the face of the taximeter shall be illuminated. (Ord. 11-09, 2-16-2009) 4-7B-4: POSTING OF RATES: No person shall operate a taxicab without posting in a conspicuous place, in clear view within the passenger compartment, a printed rate card Targe enough to be read by the passengers in the taxicab showing the rates. (Ord. 11-09, 2-16-2009) 4-7B-5: MANIFESTS: A. Use Required: Every driver shall maintain a daily manifest upon which are recorded all trips made each day, showing time and place of origin and destination of each trip and amount of fare and all such completed manifests shall be returned to the owner by the driver at the conclusion of the tour of duty. The form for each manifest shall be furnished to the driver by the .owner. B. Preservation; Inspection: Every holder of an operator permit shall retain and preserve all drivers' manifests in a safe place for at least the calendar year and said manifests shall be open to inspection by the police department. (Ord. 11-09, 2-16-2009) City of Dubuque 4-7B-6 4-7B-6: OPEN STANDS: 4-7B-8 A. Areas Established: The city manager is hereby authorized and empowered to establish open stands in such place or places upon the streets of the city as deemed necessary for the use of taxicabs operated in the city. The city manager shall prescribe the number of cabs that shall occupy such open stands. B. Use Of Stands: Open stands shall be used by the different drivers on a first come, first serve basis. The driver shall pull onto the open stand from the rear and shall advance forward as the cabs ahead pull off. Drivers shall stay within five feet (5') of their cabs and shall not engage in loud or boisterous talk while at an open stand. Nothing in this article shall be construed as preventing a passenger from boarding the cab of the passenger's choice that is parked at open stands. (Ord. 11-09, 2-16-2009) 4-7B-7: VEHICLES, LICENSE AND MAINTENANCE: A. State License: No person shall operate a vehicle used as a taxicab unless it is licensed by the state. B. Safe Condition; Authority To Inspect: The owner or driver of a taxicab shall keep it in a safe and operating condition at all times. The chief of police is hereby authorized, either on complaint of any person or without such complaint, to inspect the vehicle and, upon discovery of any unsafe condition, to notify the person operating said taxicab to cease operation. Thereupon said taxicab shall be kept off the street until the unsafe condition has been corrected. (Ord. 11-09, 2-16-2009) 4-7B-8: OPERATOR'S PERMIT REQUIREMENTS; INSURANCE; FEES: A. Operator's Permit Required: No person shall operate a taxicab business without first having obtained a taxicab operator's permit from the city manager. B. Application For Operator's Permit: 1. An application for a taxicab operator permit shall be filed with the city manager's office on a form provided by the city. City of Dubuque 4-7B-8 4-7B-8 2. The city manager shall cause the chief of police to investigate each applicant for a taxicab operator permit and a report of such investigation shall be attached to the application for consideration by the city manager. C. Consideration Of Application: The city manager shall, upon consideration of the application and the reports required to be attached thereto, approve or reject the application. If the application is rejected, the applicant may appeal the city manager's decision to the city council. D. Insurance Prerequisite To Issuance, Continuance In Effect: The taxicab operator shall provide insurance as required by the city manager. E. Fees: No taxicab operator permit shall be issued or renewed unless the holder thereof has paid an annual permit fee established by the city manager for the right to engage in the taxicab business and an annual fee established by the city manager for each vehicle in such taxicab business. Such fees shall be for one year commencing April 1. F. Suspension Or Revocation Of Permit: 1. An operator permit may be revoked or suspended by the city manager if the holder thereof has violated any of the provisions of this article, discontinued operations for more than sixty (60) days, or violated any ordinances of the city or laws of the United States or the state, the violations of which demonstrate the lack of fitness of the holder to offer public transportation. 2. Prior to suspension or revocation, the operator shall be given not less than ten (10) days' written notice. The driver may file with the city clerk a written notice of appeal to the city council from such suspension or revocation. G. Tag Fastened To Vehicle: The taxicab license tag or plate issued by the city as evidence of an operator permit shall be fastened upon the vehicle and shall not be removed until the expiration of the permit. H. Transfer Restricted: No taxicab operator permit may be sold, assigned, mortgaged, or otherwise transferred without the consent of the city council. (Ord. 11-09, 2-16-2009) City of Dubuque 4-7B-9 4-7B-9 4-7B-9: DRIVER'S LICENSE REQUIREMENTS; FEE: A. License Required: No person shall operate a taxicab for hire upon the streets of the city and no person who owns or controls a taxicab shall permit it to be so driven and no taxicab licensed by the city shall be so driven at any time for hire, unless the driver of said taxicab shall have first been issued a taxicab driver's license under the provisions of this article. B. Application For Driver's License: 1. An application for a taxicab driver's license shall be filed with the city manager's office on a form provided by the city manager. 2. The city manager shall cause the chief of police to investigate each applicant for a taxicab license and a report of such investiga- tion shall be attached to the application for consideration by the city manager. Such report shall state whether or not the applicant has a valid Iowa driver's license. C. Consideration Of Application: The city manager shall, upon consideration of the application and the reports required to be attached thereto, approve or reject the application. D. Issuance Of License; Duration; Annual Fee: 1. Upon approval of an application for a taxicab driver's license, the city manager shall issue a license to the applicant upon the payment of the fee as established by the city manager. Such license shall be in effect for the remainder of the calendar year. The license shall be renewed every calendar year thereafter upon the payment of the fee as established by the city manager unless the license for the preceding year is in suspension or has been revoked. 2. The driver shall wear the license upon the clothing of the driver. E. Compliance With City, State And Federal Laws: Every driver licensed under this article shall comply with all city, state, and federal laws. F. Suspension Or Revocation Of License: The city manager may suspend or revoke a driver's license if a driver fails or refuses to comply with the provisions of this article. The driver shall be given not less than ten (10) days' written notice prior to the suspension or revocation. The driver may file with the city clerk a written notice of appeal to the city council from such suspension or revocation. (Ord. 11-09, 2-16-2009) City of Dubuque 6-3-1 6-3-2 CHAPTER 3 AMBULANCES SECTION: 6-3-1: Ambulance Service Rates 6-3-2: Service Area 6-3-1: AMBULANCE SERVICE RATES: A. Established: Rates for city ambulance service shall be established from time to time by the city manager subject to the approval of the city council. (2007 Code § 23-31) B. Authority To Adjust: The city manager is hereby authorized and empowered, in the city manager's discretion, to make adjustments in the rates and charges to be fixed for city ambulance service in such cases where the need for such ambulance service is required to repeatedly transport a person of limited financial means. The city manager shall have the authority to require proof of the financial status of a person seeking the benefits of this section for such service. (2007 Code § 23-33) 6-3-2: SERVICE AREA: A. Service Area Limited: City ambulances shall make calls or provide ambulance service only to points in Iowa within the county or to points in Illinois or Wisconsin within five (5) miles of the city limits. (2007 Code § 23-34) B. Agreements For Service Outside City; Fees: 1. The city manager is hereby authorized and empowered to enter into agreements with any authorized officials or governing body to provide emergency ambulance service to any point in the states of Wisconsin or Illinois within five (5) miles of the city limits, or to any City of Dubuque 6-3-2 6-3-2 point in the county. The agreement shall provide that such official or governing body shall guarantee the payment of the fees established in this chapter. All service authorized by Dubuque County officers shall be paid by the Dubuque County sheriff's office. All service authorized by the county welfare office shall be paid by the county welfare office. All service authorized by the East Dubuque police department shall be paid by the East Dubuque police department. 2. Fees for all other calls made in Dubuque County, Jo Daviess County or Grant County shall be payable in advance by the person receiving such service. (2007 Code § 23-35) City of Dubuque 6-4-2 6-4-2 PROPERTY: Includes both real and personal property. RESPONSIBLE PARTY: Any person having ownership, possession, or control of real or personal property, including, but not limited to, any one or more of the following: SOLID WASTE: YARD WASTE: A. An agent; B. An assignee or collector of rents; C. A contract seller or contract purchaser; D. The holder of a deed to the property; E. A mortgagee or vendee in possession; F. A receiver, executor, administrator or trustee; G. Lessee and lessor; or H. Any other person, firm, partnership, corpora- tion or entity exercising control over the property. Any waste that is putrescible, nonputrescible, combustible or noncombustible, including, but not limited to, trash, garbage, material resulting from the handling, processing, storage, prepara- tion, serving and consumption of food, vegetable or animal matter, offal, rubbish, ashes, incinerator residue, street cleanings, construction debris and solid industrial waste. The accumulation of grass, leaves, tree trimmings under three inches (3") in diameter, brush and garden residue, which accumulation is screened from the street view, is located in a confined area, is no taller than four feet (4') high and no larger than seventy five (75) square feet in area, is located more than twenty feet (20') from any habitable structure on adjoining property, at least three feet (3') from a property boundary line, is located more than five feet (5') from any wood structure, excluding fences and City of Dubuque 6-4-2 6-4-3 compost containers, is not located in a natural drainageway, is not located in the area between any building and the street right of way, is collected for reuse as a soil amendment, and is maintained free of noxious odors. (2007 Code § 23-41) 6-4-3: PUBLIC NUISANCE DEFINED; PUBLIC NUISANCES ENUMERATED: Whatever is injurious to the public health or safety or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by the public shall be deemed a "public nuisance". A "public nuisance" shall include, but not be limited to, the following: A. Accumulation Of Solid Waste And Noxious Substances: Any yard waste, solid waste, vehicle parts, garbage, noxious substances or hazardous wastes, junk, unused building materials, salvage material or other offensive substances thrown, left or deposited in or upon any street, avenue, alley, sidewalk, park, public square, public enclosure, public or private lot, whether vacant or occupied, or upon any pond or pool of water, except for: 1. Solid waste deposited and stored in accordance with provisions of this code; 2. A compost pile located or maintained in compliance with this chapter; 3. Yard waste located or maintained in compliance with this chapter; 4. Junk or salvage materials properly stored in a junk or salvage yard permitted under this code; 5. The use of agricultural manure on crop producing agricultural land or pasture; or 6. The safe accumulation of animal waste by commercial livestock processing facilities. B. Diseased Or Damaged Trees Or Plant Materials: Any dead, diseased or damaged tree or plant material which may harbor serious insect or disease pests or disease injurious to other trees or plant materials, or any tree in such a state of deterioration that any part of such tree is likely to fall and damage property or cause injury to persons. City of Dubuque 6-4-3 6-4-3 C. Ditch, Drain Or Stormwater Detention Basins: Any stormwater detention basin not properly maintained as determined by the city engineer. D. Stagnant Water: Stagnant water standing on any property, including any container or material kept in such a condition that water can accumulate and stagnate. E. Vermin And Pests: 1. Conditions which are conducive to the harborage or breeding of vermin and pests; or 2. Infestations of vermin and pests, such as rats, mice, skunks, snakes, bats, starlings, pigeons, and insects (except tended honeybees). F. Private Sewer Facilities: 1. Facilities for the storage or processing of sewage, such as privies, outhouses, port -a -potties, vaults, sewers, private drains, septic tanks, cesspools, drain fields or similar facilities, which have failed or do not function properly or which are overflowing, leaking or emanating odors. 2. Septic tanks, cisterns and cesspools which are abandoned or no longer in use unless properly emptied and filled with clean fill. 3. Any vault, cesspool or septic tank which does not comply with applicable health regulations. G. Unoccupied, Dangerous Buildings: 1. Unoccupied buildings or unoccupied portions of buildings which are unsecured; 2. Abandoned buildings; or 3. Dangerous buildings or structures. H. Hazardous Conditions: 1. Generally: Any hazardous thing or condition on property which may contribute to the injury of any person present on the property, including, but not limited to, open holes, open foundations, excava- May 2011 City of Dubuque 6-4-3 6-4-3 tions, open wells, dangerous trees or tree limbs, abandoned refrigerators and trapping devices. 2. Fire Hazard: Any thing or condition on property creating a fire hazard, as determined by the fire marshal. 3. Health Hazard: Any thing or condition on property creating an imminent threat to human health or in violation of any health or sanitation law. Obstructing Public Ways And Property: 1. The obstructing or encumbering by fences, buildings, structures, signs or otherwise of public streets, alleys, sidewalks and commons, except as permitted by agreement, easement, or this code. 2. Any gathering of persons or vehicles upon a public street or sidewalk or any use of property abutting a public street or sidewalk which obstructs pedestrian or vehicular traffic or other lawful use of streets or sidewalks, except as permitted by this code. J. Depositing Mud, Dirt And Debris On Public Ways: The depositing or allowing the depositing of mud, dirt, gravel or other debris on public ways. K. Unsanitary Accumulations: Failing to keep a building, dwelling, struc- ture, or business and parts thereof clean and free of any unsanitary accumulations of dirt, filth, rubbish, garbage, including the yards, courts, passages, areas, or alleys connected with or belonging to the same. L. Unwholesome Food Or Drink: Whatever renders food or drink unwholesome or detrimental as determined by the health officer. M. Communicable Disease: The exposure of any person to any communicable disease by unlawful act or practice. N. Animals: Harboring or maintaining such number of dogs or cats or other animals, or combination thereof, as to create unhealthy or unsanitary conditions for the humans or animals occupying the premises. (2007 Code § 23-42) O. Clear And Present Danger To Others: A clear and present danger to the health or safety of others on or within one thousand feet (1,000') of a property includes, but is not limited to, the following activities of May 2011 City of Dubuque 6-4-3 6-4-3 any person on the premises with the consent of the property owner, resident, or occupant: 1. Physical assault or the threat of physical assault. 2. Illegal use of a firearm or other weapon, the threat to use a firearm or other weapon illegally, or possession of an illegal firearm. 3. Possession of a controlled substance unless the controlled substance was obtained directly from or pursuant to a valid prescrip- tion or order by a licensed medical practitioner while acting in the course of the practitioner's professional practice. This subsection applies to any other person on the premises with the consent of the tenant, but only if the tenant knew of the possession by the other person of a controlled substance. 4. The above will not apply to a property owner, resident, or occupant if the activities, as described in subsections 01, 02 and 03 of this section, are caused by a person on the premises who does not reside at the premises and the property owner, resident, or occupant takes at least one of the following measures against the person conducting the activities: a. The property owner, resident, or occupant seeks a protective order, restraining order, order to vacate the homestead, or other similar relief pursuant to Iowa Code, chapter 236, 598, 664A, or 915, or any other applicable provision which would apply to the person conducting the activities causing the clear and present danger. b. The property owner, resident, or occupant reports the activities causing the clear and present danger to a law enforcement agency or the county attorney in an effort to initiate a criminal action against the person conducting the activities. c. The property owner, resident, or occupant writes a letter to the person conducting the activities causing the clear and present danger, telling the person not to return to the premises and that a return to the premises may result in a trespass or other action against the person, and the tenant sends a copy of the letter to a law enforcement agency whose jurisdiction includes the premises. If the tenant has previously written a letter to the person as provided in this subsection, without taking an action specified in subsection 04a or 04b of this section or filing a trespass or other action, and the person to whom the letter was sent conducts further activities causing a clear and present danger, the tenant must take one of the May 2011 City of Dubuque 6-4-3 6-4-3 actions specified in subsection 04a or 04b of this section to be exempt from proceedings pursuant to this subsection. d. However, in order to fall within the exemptions provided within this subsection, the property owner, tenant, or occupant must provide written proof to the city of Dubuque, prior to the commence- ment of a suit against the property owner, resident, or occupant, that the property owner, resident, or occupant has taken one of the measures specified in subsections 04a through 04c of this section. P. Disorderly House: 1. "Disorderly house" means a building, dwelling, establishment, curtilage, premises, or place where prohibited conduct occurs. 2. "Prohibited conduct" means activities in violation of statutes or ordinances relating to any of the following: a. Illegal gambling. b. Prostitution, pandering, pimping, or indecent conduct. c. Sale or possession of controlled substances, unless the controlled substance was obtained directly from or pursuant to a valid prescription or order by a licensed medical practitioner while acting in the course of the practitioner's professional practice. d. Unlawful liquor sales. e. Unauthorized delivery or manufacture of a controlled substance. May 2011 f. Bootlegging. g. Physical assault. h. Threat of physical assault. i. Illegal use and/or possession of firearms or other weapons. j. The threat to use a firearm or weapon illegally. k. Excessive noise. I. Loitering. City of Dubuque 6-4-3 6-4-5 m. Disorderly conduct. n. Possession of alcohol under the legal age (PAULA) by prop- erty owner, tenant, or occupant. o. Possession of drug paraphernalia. p. Public intoxication. q. Aiding and abetting. (Ord. 17-11, 3-7-2011) 6-4-4: PUBLIC NUISANCES PROHIBITED; AUTHORITY TO ABATE: A. Nuisances Prohibited: The creation, maintenance, or continuation of a public nuisance is hereby declared unlawful and is prohibited. B. Declaration Of Nuisance; Hearing; Abatement: Upon application of the city manager for a declaration of a nuisance, the city council, after notice to the property owner of the grounds therefor, shall hold a hearing on the application as provided in title 1, chapter 9 of this code. Upon declaration of a nuisance, the city council may direct the city manager to abate or cause to be abated public nuisances in any manner authorized by law. (Ord. 36-07, 6-18-2007) 6-4-5: ABATEMENT REMEDIES; PENALTIES: A. Abatement Described: Abatement includes, but is not limited to, repair, removal, cleaning, exterminating, cutting, mowing, grading, sewer repairs, draining, securing, repairing a building or structure, boarding unoccupied buildings, barricading or fencing, removing dangerous portions of buildings or structures and demolition of dangerous structures or abandoned buildings. B. Abatement Costs: The costs of abatement may be assessed against the property as provided by law. Abatement costs are all of the cost of removing or eliminating the public nuisance, including the cost of investigation, including title searches, inspection and testing, the cost of notification, court costs and administrative costs. (2007 Code § 23-44) May 2011 City of Dubuque 6-4-6 6-4-6 6-4-6: EMERGENCY ABATEMENT PROCEDURE: When the city manager determines that a public nuisance exists and that such public nuisance constitutes an imminent and compelling danger to the health, safety or welfare of persons or property, the city manager is authorized to abate or cause to be abated the public nuisance without prior notice to the owner. The costs of such action may be assessed against the property after notice to the property owner and hearing as required by law. (2007 Code § 23-45) May 2011 City of Dubuque 9-14-321.735 9-14-321.736 9-14-321.735: RESIDENTIAL PARKING PERMIT DISTRICT C: A. The following described area constitutes a residential parking permit district designated as residential parking permit district C: Clarke Drive from the east property line of 1687 Clarke Drive to St. Ambrose Street. Hoyt Street. North Grandview Avenue, west side, from Rosedale Street to the north property line of 2165 North Grandview Avenue, east side, from Clarke Drive to the north property line of 2280 North Grandview Avenue. Sunnyview Drive, from North Grandview Avenue to St. Ambrose Street. Ungs Street, south side. B. No vehicles shall park curbside in residential parking permit district C during the hours of seven thirty o'clock (7:30) A.M. to ten o'clock (10:00) P.M. daily, except Sundays and holidays, without displaying a valid parking permit issued by the city. (Ord. 44-08, 6-16-2008) 9-14-321.736: RESIDENTIAL PARKING PERMIT DISTRICT D: A. The following described area constitutes a residential parking permit district designated as residential parking permit district D: Amy Court, from Marjorie Circle to the northerly end. Lucy Drive, from Pennsylvania Avenue to Welu Drive. B. No vehicles shall park curbside in residential parking permit district D during the hours of seven o'clock (7:00) A.M. and three o'clock (3:00) P.M. daily, except Saturdays, Sundays, and holidays, without displaying a valid parking permit issued by the city. (Ord. 44-08, 6-16-2008) City of Dubuque 9-14-321.737 9-14-321.739 9-14-321.737: RESIDENTIAL PARKING PERMIT DISTRICT E: A. The following described area constitutes a residential parking permit district designated as residential parking permit district E: Algona Street, both sides, from North Grandview Avenue to Green Street. Avoca Street, both sides, from Rosedale Avenue to Green Street. Grandview Avenue, North, south side, from Avoca Street to Auburn Street. Rosedale Avenue, south side, from Avoca Street to the alley west of Avoca Street. Rosedale Avenue, north side, from Avoca Street to the west property line of 2095 Rosedale Avenue. B. No vehicles shall park curbside in residential parking permit district E during the hours of seven o'clock (7:00) A.M. to two thirty o'clock (2:30) P.M. daily, except Saturdays, Sundays, and holidays without displaying a valid parking permit issued by the city. (Ord. 44-08, 6-16-2008) 9-14-321.738: RESIDENTIAL PARKING PERMIT DISTRICT F: A. The following described area constitutes a residential parking permit district designated as residential parking permit F: Rosemont Street, from Pennsylvania Avenue to Creston Court. B. No vehicles shall park curbside in residential parking permit district F during the hours of seven o'clock (7:00) A.M. to three o'clock (3:00) P.M., except Saturdays, Sundays, and holidays, without displaying a valid parking permit issued by the city. (Ord. 44-08, 6-16-2008) 9-14-321.739: RESIDENTIAL PARKING PERMIT DISTRICT G: A. The following described area constitutes a residential parking permit district designated as residential parking permit G: City of Dubuque 9-14-321.739 9-14-321.741 Cornell Street. Pickett Street. West 15th Street from Cornell Street to Fairview Street. West 16th Street from Catherine Street to Fairview Place. B. No vehicles shall park curbside in residential parking permit district G during the hours of six o'clock (6:00) A.M. to twelve o'clock (12:00) midnight, except Sundays and holidays, without displaying a valid parking permit issued by the city. (Ord. 44-08, 6-16-2008) 9-14-321.740: RESIDENTIAL PARKING PERMIT DISTRICT H: A. The following described area constitutes a residential parking permit district designated as residential parking permit H: Hansel Drive, between Keystone Drive and Keymont Drive. Keymont Drive from Key Way Drive to its westerly terminus. Phyllrich Drive, between Keystone Drive and Keymont Drive. Vizaleea Drive from Pennsylvania Avenue to Keystone Drive. B. No vehicles shall park curbside in residential parking permit district H during the hours of seven o'clock (7:00) A.M. to three o'clock (3:00) P.M., except Saturdays, Sundays, and holidays, without displaying a valid parking permit issued by the city. (Ord. 44-08, 6-16-2008) 9-14-321.741: HOME HEALTHCARE PROVIDERS: The city manager may issue, without charge, to a business providing home healthcare a special parking permit that allows an employee of such business to park in a residential parking permit district. Such permit shall only be valid while a home healthcare employee is at a residence within the district and is actually engaged in providing care to a resident of the district. The permit shall not be available to a self-employed home healthcare provider. The permit may be revoked by the city manager for failure to comply with the requirements of this section. (Ord. 44-08, 6-16-2008) May 2011 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 Teleprogramming Commission (Rep. by Ord. 5-12, 2-6-2012) 3B Cable Regulatory Commission (Rep. by Ord. 5-12, 2-6-2012) 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 April 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 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 November 2012 City of Dubuque TITLE 5 Transit System Transit Advisory Board; General Provisions TITLE 6 Health, Housing, Sanitation And Environment 1 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 Social Host Responsibility 5E Animal Control 6 Miscellaneous Provisions 6A Dogs And Cats 6B Rabies Control 6C Dangerous Animals 6D Potentially Vicious Dogs 6E Bicycles 7 November 2012 TITLE 8 Human Rights Definitions; General Provisions 1 Human Rights Commission 2 Unfair And Discriminatory Practices 3 Disability Discrimination 3A Enforcement Of Civil Rights 4 Fair Housing 5 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 Projecting Signs Other Encroachments Sidewalk Cafes Mailboxes Parades And Assemblies Parks And Recreation Administration Use Regulations Specific Parks Railroads Boats, Boating And Waterfront Structures TITLE 11 Rights Of Way TITLE 12 Airport 3B Administration And Enforcement 1 3C General Regulations 2 3D Airport Zoning Regulations 3 3E 3F 4 TITLE 13 5 5A Public Utilities 5B 5C Water Use And Service 1 6 Connections 1A Water Meters 1B 7 Rates 1C Cross Connection Control 1D Sewers And Sewage Disposal 2 Discharge Regulations 2A Private Disposal Systems; Private Haulers 2B Rates 2C Industrial Pretreatment Program 2D Gas Main Connections 3 Stormwater Management 4 Illicit Connections And Discharges To Storm Sewer System 5 Solid Waste 6 City Or Private Collection Service 6A Nonfranchised Communications Systems 1 Cable Right Of Way Regulations 2 Cable Communications 2A Open Video Systems 2B Cable Television 3 Cable Franchise Agreement ... 3A Community Teleprogramming Commission (Rep. by Ord. 5-12, 2-6-2012) 3B Cable Regulatory Commission (Rep. by Ord. 5-12, 2-6-2012) 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 TITLE 14 Building And Development Building Codes 1 Building Code And Regulations 1A Residential Code 1B Energy Conservation Code ... 1C Electrical Code 1D Fire Code And Regulations ... 1 E Mechanical Code 1F April 2012 City of Dubuque 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 Long Range Planning Advisory Commission TITLE 16 Unified Development Code PART I. GENERAL PROVISIONS Title, Purpose And General Provisions Definitions April 2012 1 2 1 2 PART II. LAND USE REGULATIONS Land Use General Provisions 3 Nonconformities 4 Zoning Districts 5 Overlay Districts 6 Supplemental Use Regulations 7 Zoning Board Of Adjustment Applications And Procedures . 8 Zoning Advisory Commission Applications And Procedures . . . 9 Historic Preservation Commission Applications And Procedures ... 10 PART III. LAND DEVELOPMENT REGULATIONS Land Subdivision 11 Site Plans 12 Site Design Standards 13 Parking 14 Signs 15 INDEX City of Dubuque 13-1C-1 13-1C-1 SECTION: 13-1C-1: 13-1C-2: 13-1C-3: 13-1C-4: CHAPTER 1 WATER USE AND SERVICE ARTICLE C. RATES Residential, Commercial, Industrial And All Other Uses Fire Sprinkler Service Construction Use Payment Of Bills 13-1C-1: RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND ALL OTHER USES: A. Rates Established: The rates to be charged for water for residential, commercial, industrial and all other uses and purposes by any person, firm or corporation within the city shall be based on units of one hundred (100) cubic feet (748 gallons) or per gallon as follows: Monthly Consumption (In Hundreds Of Cubic Feet) Charge Per Hundred Cubic Feet First 30 $2.66 Next 120 2.17 Next 350 2.01 Next 500 1.78 Next 1,000 1.58 Monthly Consumption (In Gallons) Charge Per Gallon First 22,440 $0.00355 Next 89,760 0.00290 Next 261,800 0.00270 Next 374,000 0.00239 Next 748,000 0.00210 June 2012 City of Dubuque 13-1C-1 13-1C-1 Rates shall be subject to the following minimum monthly charge according to the size of the meter: Meter Size (Inches) Monthly Consumption (In Hundreds Of Cubic Feet) Monthly Consumption (In Gallons) Minimum Charge 5/8 2 1,496 $ 5.31 3/4 5 3,740 13.28 1 8 5,984 21.24 172 26 19,448 69.04 2 46 34,408 114.37 3 106 79,288 244.52 4 168 125,664 376.31 6 368 275,264 780.23 8 625 467,500 1,270.29 A property owner shall pay a fifty dollar ($50.00) disconnect fee for water service that is disconnected by the city for a meter not in service. When a tenant account is subject to disconnection due to delinquency, the tenant shall pay the fifty dollar ($50.00) disconnect fee. A fifty dollar ($50.00) service call fee shall be charged to property owners or tenant account for those service calls that are determined to be related to customer negligence. A five dollar ($5.00) minimum monthly charge shall be assessed for meters not in service. (Ord. 24-12, 3-5-2012, eff. 7-1-2012) B. Rates Outside City Limits: The rates to be charged for water supplied by the city to residential, commercial, industrial and other uses and purposes by any person outside the corporation limits of the city, shall be at one hundred fifty percent (150%) of the rates set forth in subsection A of this section. C. Estimated Billings: For all meters in service, bills will be issued monthly. When a meter is not read monthly for any reason, bills will be issued on estimated consumption. For estimated billings, either on alternate months or when readings are not obtainable for any June 2012 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) November 2012 City of Dubuque 13-1C-3 13-1C-3: CONSTRUCTION USE: 13-1C-4 A. Application For Temporary Water Service; Deposit: When a tempo- rary water service is desired for construction work, application shall be made to the city manager. A deposit equal to the actual cost of the meter and fittings shall be paid in advance. The applicant shall guarantee payment of such water service charges and return said meter in good condition. B. Installation Of Meter: The applicant shall thereupon install a suitable meter, furnished by the city, and shall pay for all water furnished in accordance with the then prevailing water rates including minimum monthly charges. C. Payment Of Charge When Installation Of Meter Impractical: If it is the opinion of the city manager that placement of a meter is 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 compact- ing of soil unless a meter has been installed on the service, or arrangements have been made for such usage. D. Water Rate For Various Other Purposes: The rate for water charged for other purposes not mentioned herein, such as for circuses, carnivals, fairs, skating rinks, swimming pools, tank wagons and filling cisterns will be made by the city manager when application is made for the same at the water office. (2007 Code § 44-203) 13-1C-4: PAYMENT OF BILLS: A. Locations For Payment Of Bills: Payment of bills may be made at locations that have been designated by the city manager, after offi- cial publication. B. Due When Rendered: All utility bills are due when rendered. (Ord. 31-08, 5-5-2008) C. Late Payments; Procedure Upon Delinquency: 1. If a bill remains unpaid twenty five (25) days following the billing date, there will be added to the bill a penalty of five percent (5%) of the total utility bill for late payment. November 2012 City of Dubuque 13-2C-1 13-2C-2 SECTION: 13-2C-1: 13-2C-2: 13-2C-3: 13-2C-4: 13-2C-5: 13-2C-6: CHAPTER 2 SEWERS AND SEWAGE DISPOSAL ARTICLE C. RATES Purpose Definitions Rates Established Areas Not Served By Public System Lien For Failure To Pay Cost Of Collection 13-2C-1: PURPOSE: It is hereby determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the city to levy and collect just and equitable charges, rates or rentals upon all lots, parcels of real estate and buildings that are connected directly or indirectly with the sanitary sewage system of the city, the proceeds of such charges or rentals so derived to be used for the purpose of constructing, operating, maintaining and repairing such sewage treatment plant. (2007 Code § 44-82) 13-2C-2: follows: CONTRIBUTOR: DEFINITIONS: The following words and terms, as used in this article, shall be deemed to mean and be construed as SEWAGE SERVICE CHARGE: Any person responsible for the production of domestic, commercial or industrial waste which is directly or indirectly discharged into the city's sanitary sewer system. Any and all rates, charges, fees or rentals levied against and payable by the contributors, including special contracts or agreements which have been or may be negotiated by and between the city, commercial establishments, City of Dubuque June 2012 1 3-2C-2 1 3-2C-3 SEWAGE TREATMENT PLANT: industries, manufacturing plants or corporations for the purpose of collecting rates, charges, fees or rentals. Any and all units of the municipal sewage treatment system owned and operated by the city, including the interceptor sewer system, the pumping stations delivering sewage to the plant and the outfall sewer system. WATER The city water department. (2007 Code § 44-81) DEPARTMENT: 13-2C-3: RATES ESTABLISHED: Contributors whose property lies within the corporate limits of the city, except as otherwise pro- vided in this article, shall pay to the city at the same time payment for water services is made, a sewer service charge computed on water consumption on the following rates: A. Basic Charges: The sewer rates and charges shall be based on the quantity of water used on or in the property or premises. For all customers utilizing sewer service, bills will be issued on estimated consumption. For estimated billings, either on alternate months, or when a reading on a water meter is not obtainable for any reason, consumption will be predicated on the monthly average of the past usage for the metered account. For estimated bills issued for an account in which historical data is not available, billing will be predicated on the minimum charge and related consumption identified in subsection C7 of this section for the size of the water meter in service for the particular account. (2007 Code § 44-83) B. Schedule Of Rates: 1. Rate per each one hundred (100) cubic feet shall be three dollars forty two cents ($3.42). 2. Rate per each gallon shall be $0.00456. (Ord. 22-12, 3-7-2012, eff. 7-1-2012) C. Service Charge: 1. When a parcel of real estate, property or building discharging sanitary sewage, industrial wastes, water or other approved waste, June 2012 City of Dubuque 13-2C-3 13-2C-3 either directly or indirectly into the city's sanitary sewer system, is not a user of water supplied by the city water division and the water used thereon or therein is not acceptable to the city, the amount of water used shall be determined by the city in such a manner as the city manager may elect to establish the rate of charge as provided in this article, or the owner or other interested parties at their expense, may install and maintain a meter acceptable to the city for said purposes. 2. When a parcel of real estate, property or building discharging sanitary sewerage, industrial wastes, water or other approved waste, either directly or indirectly into the city's sanitary sewer system, is a user of water supplied by the city water division and in addition uses water from another source which is not measured by a water meter or is measured by a water meter not acceptable to the city, the amount of water used shall be determined by the city in such a manner as the city manager may elect in order to establish the rate of charge as provided in this article, or the owner or other interested parties at their expense may install and maintain a meter acceptable to the city for said purposes. 3. When a parcel of real estate, property or building discharging sanitary sewage, industrial wastes, water or other approved waste, either directly or indirectly into the city's sanitary sewer system, is not a user of water supplied by the city water division, the amount of sanitary sewage, industrial wastes, water or other approved waste discharged into the sanitary sewer system shall be determined by the city in such a manner as the city manager may elect in order to establish the rate of charge as provided in this article, or the owner or other interested parties at their expense, may install and maintain a sewage meter acceptable to the city for said purposes. 4. The city council may, in its discretion, when applicable, permit connection to the city sanitary sewer system of properties located outside the corporate limits upon such terms and conditions as it may establish; provided, however, that such terms shall not be more favorable to such property than rates herein established for city users. 5. In order that the rates and charges may be modestly and equitably adjusted to the service rendered, the city shall have the right to base its charges not only on volume, but also on the strength and content of the sewage and wastes of the user. The city shall have the right to measure and determine the strength and content of all sewage and wastes discharged either directly or indirectly into the June 2012 City of Dubuque 13-2C-3 13-2C-4 city's sanitary sewer system, in such manner and by such methods as it may deem practicable in the light of the conditions and circumstances of the case in order to determine the proper charge. Extra charges will be applicable and negotiated with users on an individual account basis when concentration of the sewage exceeds three hundred milligrams per liter (300 mg/I) of biochemical oxygen demand, three hundred fifty milligrams per liter (350 mg/I) of suspended solids or two percent (2%) or more of the flow rate into the sewage treatment plant. 6. The rates and charges may be billed the tenant and tenants occupying the properties served, unless otherwise requested in writing by the owners, but such billings shall in no way relieve the owner from liability in the event payment is not made as required in this article. (2007 Code § 44-83) 7. Where the quantity of water consumed is such that the minimum of service is charged, the minimum sewer service charge, according to the size of the meter, shall be as follows: Meter Size (Inches) Minimum Charge Allowance (Cubic Feet) Allowance (Gallons) 5/8 $ 6.85 200 1,496 3/4 17.08 500 3,740 1 or larger 27.34 800 5,984 (Ord. 22-12, 3-7-2012, eff. 7-1-2012) 13-2C-4: AREAS NOT SERVED BY PUBLIC SYSTEM: The rates, service charges, rentals or fees as provided in this article shall become effective at the time sewage from the contributors is first directed to the sanitary sewer system. At the time sanitary sewers are constructed in areas not now served by a sanitary sewer system, contribu- tors shall be granted a reasonable time to make connection to the sewer. The effective date of the sewage service charge and the reasonable time to connect to the sanitary sewer system will be determined by the city manager. (2007 Code § 44-84) June 2012 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. (Ord. 30-08, 5-5-2008) B. Certification Of Charges: It is the duty of the finance director -city treasurer to certify the actual rates and charges plus the costs of administration to the county treasurer as provided in section 13-1C-4 of this title, and all such costs will then constitute a lien against said property and be collected with and in the same manner as general property taxes on said property. (Ord. 54-12, 9-17-2012) 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) November 2012 City of Dubuque 13-6A-4 13-6A-6 D. Early Placement: All solid waste shall be placed at the designated collection location for city collection by six o'clock (6:00) A.M. on the scheduled collection day. E. Duty When Solid Waste Not Collected: Any solid waste not in compliance with this chapter shall not be collected by the city and shall be removed by the owner within twenty four (24) hours after the scheduled collection day and stored in such a manner as not to create a health, safety or fire hazard. (2007 Code § 40-34) 13-6A-5: OWNERSHIP OF MATERIALS; UNAUTHORIZED COL- LECTING PROHIBITED: From the time of placement for collection as provided in section 13-6A-4 of this article, all solid waste and recyclable materials and recycling containers which meet the requirements of this chapter placed for collection by the city shall become and be the property of the city and it shall be a violation of this section for any person other than authorized personnel of the city to collect, pick up, or cause to be collected or picked up, any such materials. (2007 Code § 40-35) 13-6A-6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS: A. Class I Premises: Except as qualified below, a fee of eleven dollars sixty nine cents ($11.69) per dwelling unit per month shall be paid to the city by the property owner of each class I premises for such services. Said fee shall be in payment for collection and disposal of one 35 -gallon can or one 35 -gallon trash bag of "solid waste" as defined in this chapter. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined in this chapter. Exceptions to the collection charges for class I premises are as follows: 1. When a class I premises has been vacant for a period not less than three (3) consecutive months, the owner may apply to the city manager for a credit under procedures to be established by the city manager. Such credit shall continue only so long as the class premises is vacant. 2. Class I premises when the head of the household is sixty five (65) years of age or older and has an annual income equal to or less than the income standards used by HUD for its "section 8 housing program" for one and two (2) person households may, upon applica- tion to the city manager, be exempted from one-half (1/2) the June 2012 City of Dubuque 13-6A-6 13-6A-6 established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. 3. In cases of extreme financial hardship, the city manager may, and is hereby authorized and empowered to, make adjustments in the monthly collection charges as the city manager may deem appro- priate. In such cases, the city manager shall have the authority to require such proof of vacancy, financial status, age or extreme hardship, as the city manager may deem necessary. 4. Class I premises when a family household of five (5) or more persons has an annual income equal to or less than the income standards used by HUD for its "section 8 housing program" for the size of that household may, upon application to the city manager, be exempted from one-half (1/2) the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. B. Class II Premises: 1. A fee of eleven dollars sixty nine cents ($11.69) per month shall be paid to the city by the property owner of each class 11 premises for such services. Said fee shall be in payment for collection and disposal of one 35 -gallon can or one 35 -gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. 2. The owner of a class II premises served by the city solid waste collection may provide the city manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. C. Class III Premises: 1. A fee of eleven dollars sixty nine cents ($11.69) per month shall be paid to the city by the property owner of each class 111 premises for such services. Said fee shall be in payment for collection and disposal of one 35 -gallon can or one 35 -gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. June 2012 City of Dubuque 13-6A-6 13-6A-6 2. The owner of a class III premises served by city solid waste collection may provide the city manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. D. Unit Based Pricing: Collection options and charges under unit based pricing for class I, II and III premises are as follows: 1. A yearly subscription for weekly collection of an additional standard solid waste container, or containers, may be subscribed for an additional five dollars sixty cents ($5.60) each per month. The subscription ends each year on June 30. A subscription may not be canceled before June 30. 2. A three (3) month subscription for weekly collection of an additional standard solid waste container, or containers, may be subscribed for an additional five dollars sixty cents ($5.60) each per month. The four (4) subscription periods are: a) July, August and September; b) October, November and December; c) January, February and March; and d) April, May and June. A subscription may not be canceled. 3. Oversize, nonstandard rigid solid waste containers of up to fifty (50) gallons in capacity may be subscribed as the one container covered under the base monthly solid waste fee for an additional two dollars thirty cents ($2.30) per month. Such containers shall be holders for standard trash bags for manual removal by city crews, shall not contain any loose material, and shall not be lifted and dumped by crews. Individual trash bags held in the oversized container shall weigh no more than forty (40) pounds. 4. A yearly subscription for weekly collection of an additional oversized solid waste container, or containers, may be subscribed for an additional eight dollars ($8.00) each per month. The subscription ends each year on June 30. A subscription may not be canceled before June 30. 5. A three (3) month subscription for weekly collection of an additional oversize solid waste container, or containers, may be subscribed for an additional eight dollars ($8.00) each per month. The four (4) subscription periods are: a) July, August and September; b) October, November and December; c) January, February and March; and d) April, May and June. A subscription may not be canceled. June 2012 City of Dubuque 1 3-6A-6 13-6A-6 6. Solid waste carts, owned by the city for semiautomated lifting, may be subscribed by owners and/or property managers of class 1, 11 and III premises. The customer shall choose the number and size of the cart. The fee for a sixty five (65) gallon city cart shall be twenty one dollars ($21.00) each per month. The fee for a ninety five (95) gallon city cart shall be thirty dollars ($30.00) each per month. 7. Official city of Dubuque single use stickers costing one dollar thirty cents ($1.30) shall be applied to each additional standard solid waste container or small bulky or bundled item in excess of the one standard solid waste container collected under the base monthly solid waste fee or any additional subscribed container(s). 8. Multiple -family dwellings of three (3), four (4), five (5), and six (6) dwelling units as well as class 11 or class 111 premises sharing a common set out location with other city solid waste customers shall only use approved rigid solid waste containers with permanent identification as to the specific premises. However, for the two (2) weeks following Christmas, excess solid waste may be set out in trash bags with applied city of Dubuque single use stickers. 9. In alleys where solid waste carts, owned by the city for semi - automated lifting, are required to be subscribed by owners, tenants and/or property managers of class 1, 11, and 111 premises where the approved set out location is in an alley. The customer shall choose the number and size of the cart(s). Such carts shall be subscribed according to a fee schedule and program requirements as approved by the city manager. E. Special Collection: The charge for a special collection service for large and bulky rubbish to each dwelling unit receiving such service when requested by the owner shall be as follows: 1. A fee of eight dollars ($8.00) shall be paid by the owner for each time the service is provided for up to the equivalent of three (3) cubic yards of solid waste. 2. An additional fee of eight dollars ($8.00) shall be paid for each additional three (3) cubic yards of solid waste. 3. An additional fee for tires, equal to the disposal fees charged at the Dubuque metro landfill, shall be paid to the city by the owner for each tire. June 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 speci- fied, 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. (Ord. 29-08, 5-5-2008) D. Certify Delinquent Accounts To County Treasurer: It is the duty of the finance director -city treasurer to certify the actual rates and fees plus the costs of administration to the county treasurer as provided in section 13-1C-4 of this title and all such costs will constitute a lien against said property and be collected with and in the same manner as general property taxes on said property. (Ord. 56-12, 9-17-2012) November 2012 City of Dubuque 13-6A-8 13-6A-8 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) November 2012 City of Dubuque 13-6A-8 13-6A-9 E. Food Scrap Collection Program Subscribers: Subscribers to the food scrap collection program shall set out city owned carts containing food scraps and other compostable materials. 1. Such carts shall be cocollected with yard waste. 2. Such carts shall be set out weekly to reduce potential nuisance concerns. Failure to use, store or set out the cart properly shall cause the subscription to be terminated. (Ord. 78-08, 12-1-2008) F. Deposits In Public Rights Of Way Prohibited: No person shall deposit any yard waste or food scraps in any public right of way. (Ord. 22-06, 3-2-2006, eff. 4-3-2006) 13-6A-9: PRIVATE COLLECTION SERVICE: A. License Required: No person shall engage in the business of removing or hauling solid waste from the premises of another person without a license to do so from the city manager. The issuance of such license shall be in the manner prescribed and subject to the terms of title 4, chapter 1 of this code. (2007 Code § 40-46) B. Application For License; Fee: Application for such license shall specify the type of equipment and vehicles to be used, the routes to be traveled, the places to be served and the name and residence of the applicant. Such person shall pay, at the office of the city treasurer, an annual license fee of twenty five dollars ($25.00) per year for each vehicle engaged in such business. (2007 Code § 40-47) C. Display Of License Number On Vehicle: No person shall operate a vehicle licensed under this section unless the license number is prominently displayed on the lower portion of the driver's side of the windshield in clear view. Such license number shall be affixed to the vehicle not less than five (5) days after the day of issue. (2007 Code § 40-48) D. Separability Of Provisions: It is the intention of the city council that each subsection, paragraph, sentence, clause and provision of this section is separable, and if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this section nor any part thereof other than that affected by such decision. (2007 Code § 40-50) August 2011 City of Dubuque 14-1A-1 14-1A-2 CHAPTER 1 BUILDING CODES ARTICLE A. BUILDING CODE AND REGULATIONS SECTION: 14-1A-1: 14-1A-2: 14-1A-3: 14-1A-4: 14-1A-5: International Building Code Adopted International Building Code Amendments Permit Issuance Prohibited During Consideration Of Zoning Reclassification Or Zoning Or Subdivision Text Amendments Demolition Permits In Conservation Districts Exterior Security And Appearance Of Buildings 14-1A-1: INTERNATIONAL BUILDING CODE ADOPTED: Except as hereinafter added to, deleted, modified, or amended, there is hereby adopted by reference as the building code of the city that certain building code known as the international building code, 2009 edition, and as published by the International Code Council, Inc., and the provisions of such building code shall be controlling in the construction of buildings and other structures and in all matters covered by such building code within the corporate limits of the city and shall be known as the "Dubuque building code". A copy of the international building code, 2009 edition, as adopted, shall be on file in the office of the city clerk for public inspection. (Ord. 41-10, 7-19-2010) 14-1A-2: INTERNATIONAL BUILDING CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the international building code, 2009 edition, adopted in section 14-1A-1 of this article read as follows: Sec. 101.2. Scope. The provisions of this code shall apply to the construction, alteration, moving, demolition, repair, maintenance and use of any building or structure within this jurisdiction, except work located primarily in a public way, public utility towers and poles, mechanical equipment not May 2011 City of Dubuque 14-1A-2 14-1A-2 specifically regulated in this code, and hydraulic flood control structures. For additions, alterations, moving and maintenance of buildings and structures, see chapter 34 of the international building code. For temporary buildings and structures, see section 3103 of the international building code. Historic Buildings. Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation, continued use or change of use of a historic building may be made in compliance with the provisions of the 1997 edition of the uniform code for building conservation (UCBC) or title 14, chapter 5 of the city of Dubuque code of ordinances. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Wherever in this code reference is made to the appendix, the provi- sions in the appendix shall not apply unless specifically adopted. Sec. 101.4.4. Property Maintenance. The provisions of the international property maintenance code, excluding appendix A, shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life, and fire safety hazards; responsibilities of owners, operators, and occupants; and occupancy of existing premises and structures. Sec. 105.5. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is completed within one year after its issuance, unless the building is part of a project which, because of its complexity or proportions, will require more time, in which instance the building official may grant permits for the project in phases. The building official is authorized to grant, in writing and for justifiable cause, a renewal of a permit for two (2) successive periods of ninety (90) days, for a period not to exceed one -hundred eighty (180) days; provided, that a fee is paid for each renewal as set by the city manager. May 2011 City of Dubuque 14-1A-2 14-1A-2 All city of Dubuque residential building permits issued prior to July 16, 2007 without an expiration date listed shall expire on October 1, 2010. Sec. 113. Building Code And Advisory Appeals Board. A. Board Created. There is hereby created a building code and advisory appeals board. B. Mission. The mission of the building code and advisory appeals board shall be to determine the suitability of alternative building materials and methods of building construction, to provide for reasonable interpretation of the provisions of the building code, and to advise the city council on all building construction regulations and procedures. C. Internal Organization And Rules. The board may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with city or state code. D. Procedures For Operation. All administrative, personnel, account- ing, budgetary, and procurement policies of the city shall govern the board in all its operations. E. Membership. 1. The building code advisory and appeals board shall consist of five (5) residents of the city of Dubuque, appointed by the city council. 2. Special Qualifications. a. One (1) member shall be an architect or engineer registered in the state of Iowa; b. One (1) member shall be a general building construction contractor; c. One (1) member shall be a journeyman carpenter; and, d. Two (2) members shall be from the public at -large. F. Terms. The term of office for members of the building code advisory and appeals board shall be three (3) years. All officers shall be eligible to serve successive terms of office. November 2010 City of Dubuque 14-1A-2 14-1A-2 G. Vacancies. Vacancies caused by death, resignation, or otherwise shall be promptly filled by the city council for the unexpired term of office. H. Officers/Organization. The board shall choose annually, from its own membership, a chairperson and vice chairperson, each to serve a term of one (1) year. The building official, or designee, shall be secretary of the board. The board shall fill vacancies among its officers for the remainder of the unexpired term. I. Meetings. 1. Regular Meetings. The building code advisory and appeals board shall meet upon call of the chairperson, secretary or city manager. 2. Special Meetings. Special meetings may be called by the chairperson or at the written request of three (3) members by giving at least twenty-four (24) hours notice to every other member of the commission. The call for a special meeting shall include an agenda and only matters included in that agenda may be acted on at the meeting. 3. Open Meetings. All meetings shall be called and held in conformance with the Iowa open meetings law. 4. Attendance. a. In the event a member of the building code advisory and appeals board, created by this chapter, has been absent for three (3) or more consecutive meetings of the board, without being excused by the chairperson, it shall be grounds for the board to recommend to the city council that the position be declared vacant and a replacement appointed. b. Attendance shall be entered upon the minutes of all meetings. 5. Minutes. A copy of the minutes of all regular and special meetings of the board shall be filed with the city council within ten (10) working days after each meeting. 6. Quorum. Three (3) members of the board shall constitute a quorum for the transaction of business. The affirmative vote of at least three (3) members shall be necessary for the adoption of any resolution. November 2010 City of Dubuque 14-1A-2 14-1A-2 J. Compensation. The members of the building code advisory and appeals board created by this chapter shall serve without compensa- tion, provided that they may receive reimbursement for necessary travel and other expenses while on official board business and such shall be within the limits established in the city budget. K. Removal. The city council may remove any member of any board or commission which it has established. L. Powers. The building code advisory and appeals board shall have the following powers, duties, and responsibilities: 1. Any person who is aggrieved by a decision of the building official on any requirements resulting from the enforcement of the building code may appeal from such decision to the building code board and said board shall serve as an appeal board. In case the aggrieved party is a member of said board, said member shall be disqualified as a member of the board acting as an appeal board, until the person aggrieved has been heard and a decision rendered. The appeal shall be made by the person aggrieved, giving written notice of such appeal to the building official within seven (7) days of receipt of decision from which the appeal is taken. The building code board sitting as an appeal board shall meet within ten (10) working days after receiving such notice and render a decision within five (5) working days thereafter. Any interested party, including the building official, shall have the right to present their case to the appeal board, whose decision shall be final unless appealed to the district court as provided by law. The board of appeals may reverse or modify a decision of the building official only on finding that: a. The building official had incorrectly interpreted the provision of this code; or, b. The decision of the building official creates an unnecessary hardship upon the appellant. The board of appeals shall require that sufficient evidence or proof be submitted to substantiate any claims made regarding the use of alternates. All appeal hearings shall be conducted in accordance with the proce- dures specified in this code. November 2010 City of Dubuque 14-1A-2 14-1A-2 On issues before the board involving the Americans with disabilities act (ADA) the board may elect to seek input from ADA advocates in the community. If the board elects to seek input from ADA advocates in the community the board shall consult with a minimum of two (2) individuals. M. Limitations Of Authority. The board of appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code. In so modifying or reversing such decision of the building official, the board of appeals may authorize any alternate to the decision of the building official and the provisions, provided it finds the proposed material or method of construction is satisfactory for the use intended and complies with the provisions of this code, and that the material, method, or work offered is, for the purpose intended, at least equivalent to that prescribed by this code in suitability, strength, effectiveness, durability, fire resistance, and safety. Sec. 114. Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. The doing of any act, or the omission of any act, declared to be unlawful by this code, or any code or ordinance herein adopted by reference shall be deemed a separate offense for each and every day or portion thereof during which any such unlawful act is committed, continued or permitted and upon conviction shall be punishable as provided in title 1 of the code of ordinances. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation or forfeiture of any license or permit elsewhere in this code provided for violation thereof. Sec. 116. Unsafe Structures And Equipment. All buildings or structures regulated by this code which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire November 2010 City of Dubuque 14-1A-2 14-1A-3 hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to, or a part of a building and which are in deteriorated condition or otherwise unable to sustain the design loads which are specified in this code are hereby designated as unsafe building appendages. All such unsafe buildings, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in title 14, chapter 3 of the code of ordinances. (Ord. 41-10, 7-19-2010) 14-1A-3: PERMIT ISSUANCE PROHIBITED DURING CONSIDERA- TION OF ZONING RECLASSIFICATION OR ZONING OR SUBDIVISION TEXT AMENDMENTS: The building official of the city is hereby prohibited from issuing a building permit for real property for which action has been initiated for a change in the zoning classification of the property or a text amendment of the zoning or subdivision ordinances. The prohibition shall be from the date of the filing of the application with the planning services department until the date of final action of the city council upon such zoning reclassification or text amendment, including publication as provided by law where the reclassification or amendment is adopted by the city council. The city council may, by one or more resolutions, waive this prohibition in whole or in part. (Ord. 36-06, 5-15-2006) November 2010 City of Dubuque 14-11-1 14-11-4 SECTION: 14-11-1: 14-11-2: 14-11-3: 14-11-4: CHAPTER 11 FLOOD AREAS Designation; Posting Entry Restricted Entry, Permits Vacation Of Dwellings 14-11-1: DESIGNATION; POSTING: Whenever the city manager shall determine that any area of the city has been or is in imminent danger of being inundated by floodwaters, the city manager may designate the same a "flood area" and erect suitable barricades and signs giving notice thereof. (2007 Code § 20-16) 14-11-2: ENTRY RESTRICTED: After signs have been erected giving notice of the designation of an area as a flood area, no person or vehicles shall enter such area without first having been authorized to do so by the city manager. (2007 Code § 20-17) 14-11-3: ENTRY, PERMITS: The city manager is hereby empowered to issue special permits to any persons or vehicles whose presence in areas designated as flood areas pursuant to this chapter is demanded by the public interest, which permits shall not be transferable and shall be displayed in a prominent manner while in such area. (2007 Code § 20-18) 14-11-4: VACATION OF DWELLINGS: Whenever the imminent danger of floodwaters shall make any habitation or dwelling dangerous to health and unsuitable for human habitation, the occupants thereof, upon demand of the city manager or the city manager's properly authorized representative, shall vacate such dwelling and remove therefrom and shall not return thereto until the city manager shall have determined such danger no longer exists. (2007 Code § 20-19) City of Dubuque 14-2-1 14-2-1 CHAPTER 2 BUILDING CONSTRUCTION, DEMOLITION AND MOVING SECTION: 14-2-1: 14-2-2: 14-2-3: 14-2-4: 14-2-5: 14-2-6: 14-2-7: 14-2-8: 14-2-1: Permit Required Application For Permit Permit Issuance; Generally Moratorium For Construction Or Other Work On Certain Streets, Areas Or Facilities Fees Special Provisions Insurance Requirements Special Requirements PERMIT REQUIRED: A. Activities Requiring A Permit: It shall be unlawful for any person, firm or corporation to: 1) demolish a building or portion thereof; or 2) move a building from one location to another across private or public property; or 3) use or occupy the streets or public property for the purpose of erecting, constructing, enlarging, altering, repairing or remodeling a building or structure; or 4) for storing or using materials, machinery or equipment in relation thereto; or for engaging in building construction, demolition or related operations on adjacent streets or public property, within the city, unless such person shall have obtained a permit therefor from the city manager in compliance with the provisions of this chapter and of the building code. B. Definitions: For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given hereto: BUILDING: Any structure of more than two hundred (200) square feet used or intended for supporting or sheltering any use or occupancy, including all public or private garages, barns, sheds, resi- City of Dubuque June 2010 14-2-1 14-2-2 dential, commercial, educational, institutional or industrial uses and any accessories thereto. (Ord. 21-10, 3-15-2010) 14-2-2: APPLICATION FOR PERMIT: A. Application: To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the building services division. 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 work. 3. Indicate the use or occupancy for which the proposed work is intended. 4. Be accompanied by plans, diagrams, computations and specifica- tions and other data as required in subsection B of this section. 5. Be signed by permittee, or the permittee's authorized agent who may be required to submit evidence to indicate such authority. 6. Be accompanied by proof of insurance as required by this chapter for the type of permit desired. 7. Give such other data and information as may be required by the city manager. B. 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 city manager may require plans, compu- tations, diagrams and specifications to be prepared and designed by an architect or engineer licensed by the state to practice as such. Exception: The city manager may waive the submission of plans, calculations, etc., if the city manager finds that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this chapter. C. Information On Plans And Specifications: Plans, specifications and diagrams shall be drawn to scale upon substantial paper or cloth and June 2010 City of Dubuque 14-2-2 14-2-3 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 chapter and all relevant laws, ordinances, rules and regulations. D. Construction On Bluff Land Or Land Adjacent To Bluffs: The applica- tion shall indicate whether the construction is on bluff land or land adjacent to a bluff. If the construction is on bluff land or land adjacent to a bluff, prior to the issuance of a permit, the city manager may require the developer to fund an engineering study or studies, to determine whether the bluff land, land adjacent to a bluff, or adjacent bluff is sufficiently stable to allow for the construction or use. If the city manager determines, based upon the engineering study or studies, that the bluff land, land adjacent to a bluff, or adjacent bluff is not sufficiently stable to allow for the construction or use, the city manager may require as a condition of the issuance of the permit such stabilization or other measures as the engineering study or studies recommend to make the bluff land, land adjacent to a bluff, or adjacent bluff sufficiently stable to allow for the construction or use. E. Notice To Adjacent Property Owners: The city manager shall direct that the applicant send, not less than ten (10) days after the filing of the application, a notice of the filing of the application by first class mail to all owners of property adjacent to the property for which the permit is issued, describing the demolition and the date when demolition will commence. Prior to the issuance of the permit, the city manager shall verify with the applicant that the required notice was sent. (Ord. 21-10, 3-15-2010) 14-2-3: PERMIT ISSUANCE; GENERALLY: A. Issuance: 1. The application, proof of insurance, plans, specifications, diagrams and other data filed by an applicant for a permit shall be reviewed by the city manager. Such plans shall also be reviewed by other departments and divisions of the city to verify compliance with any applicable laws or requirements under their jurisdiction. If the city manager finds that the work described in an application for a permit and the plans, specifications, diagrams and other data filed therewith conform to the requirements of this chapter and other pertinent laws and ordinances, and that the fees as established by the city manager have been paid, the city manager shall issue the June 2010 City of Dubuque 14-2-3 14-2-3 permit together with any special conditions which may be attached to and made a part of the permit. 2. Approved plans, specifications and diagrams shall not be changed, modified or altered without authorization from the city manager, and all work shall be done in accordance with the approved plans, specifications and diagrams. B. Validity: The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this chapter or of the Dubuque building code. No permit presuming to give authority to violate or cancel the provisions of this chapter or code shall be valid, except insofar as the work or use which it authorized is lawful. C. Expiration: 1. Every permit issued by the city manager under the provisions of this chapter shall expire by limitation and become null and void if the moving or demolition of the building or structure, or the use of the public property, is not accomplished during the period of time which is stated on the permit. Such work or use of public property shall cease upon expiration of the permit and shall not be recommenced until a new permit has been obtained by revising or renewing the original application and by payment of a new fee. 2. Every moving permit shall be valid only on the moving date or dates written on the permit. In those instances wherein the moving permittee was unable to move the building on the specified moving date, the city manager is authorized to change said moving date; provided, that the moving permittee shall obtain the approval of other city officials in the same manner as required for the original moving permit; and further provided, that a fee as established by the city manager for changing the moving date has been paid to the building department. 3. Every demolition permit shall expire thirty (30) days from the date of issue, unless the building is part of a demolition project which, because of its complexity or proportions, will require more time, in which instance the original permit may be issued for the approved term of the demolition schedule. Each demolition permit may be renewed for successive additional periods of thirty (30) days; provided, that a fee is paid for each renewal in the same amount as the original demolition permit fee. June 2010 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, sus- pend 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 may 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, 2013, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. B. East-West Corridor Study Area: The city manager may not issue any permit for any new construction or substantial enlargement, altera- tion, repair or remodeling of any structure, building, or sign in the east -west corridor study area as shown on the map on file in the office of the city clerk, but not to include demolition or emergency repairs, without the approval of the city council, from the effective date hereof to August 20, 2013, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. (Ord. 36-12, 6-18-2012) 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. August 2012 City of Dubuque 14-2-5 14-2-6 B. Starting Work Prior To Obtaining Permit: Where the moving of a building, the demolition of a building or the use of public property for which a permit is required by this chapter is started prior to obtaining said permit, the fees above specified shall be doubled, but the payment of such double fee shall not relieve any person from fully complying with the requirements of this chapter and the building code in the execution of the work nor from other fees or penalties. (Ord. 21-10, 3-15-2010) 14-2-6: SPECIAL PROVISIONS: A. Transfer Of Permits Prohibited: Each moving permit, demolition permit or permit for use of public property shall not be transferable from one building or building site to another building or building site nor from one person to another. B. Moving Buildings: 1. A building being moved shall follow the route prescribed on the permit by the city manager. The mover shall coordinate the route with the utility companies. 2. A police escort shall be required for all buildings moved from one location to another within the jurisdictional limits of the city, or moved out of or into the jurisdictional limits of the city, utilizing public streets August 2012 City of Dubuque 16-5-2 16-5-2-2 dwellings and related recreational, religious and educational facilities. (Ord. 52-09, 10-19-2009) 16-5-2-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the R-1 district: Cemetery, mausoleum, or columbarium. Place of religious exercise or assembly. Public or private park, golf course, or similar natural recreation area. Public, private or parochial school approved by the state of Iowa (K — 12). Railroad or public or quasi -public utility, including substation. Single-family detached dwelling. (Ord. 52-09, 10-19-2009) 16-5-2-2: CONDITIONAL USES: The following conditional uses may be permitted in the R-1 district, subject to the provisions of section 16-8-5 of this title: Accessory dwelling unit. Bed and breakfast home. Keeping of hens. Keeping of horses or ponies. Licensed adult day services. Licensed childcare center. Mortuary, funeral home, or crematorium. Off street parking. Tour home. Tourist home. Wind energy conversion system. (Ord. 52-09, 10-19-2009) City of Dubuque 16-5-2-3 16-5-2-6 16-5-2-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Detached garage. Fence. Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Home based business. Noncommercial garden, greenhouse or nursery. Off street parking and storage of vehicles. Satellite receiving dish. Solar collector. Sport, recreation, or outdoor cooking equipment. Storage building. Tennis court, swimming pool or similar permanent facility. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009) 16-5-2-4: TEMPORARY USES: Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009) 16-5-2-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-2-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) City of Dubuque 16-5-3 16-5-3-2 16-5-3: R-2 TWO-FAMILY RESIDENTIAL: The R-2 district is intended to provide residential areas characterized by single- family and two-family dwellings. Increased densities and the introduction of two-family housing types are intended to provide greater housing options while maintaining the basic qualities of a low density residential neighborhood. The principal use of land in this district is for low density single- and two-family dwellings and related recreational, religious and educational facilities. (Ord. 52-09, 10-19-2009) 16-5-3-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the R-2 district: Cemetery, mausoleum, or columbarium. Place of religious exercise or assembly. Public or private park, golf course, or similar natural recreation area. Public, private, or parochial school, approved by the state of Iowa (K — 12). Railroad or public or quasi -public utility, including substation. Single-family detached dwelling. Townhouse (maximum 2 dwelling units). Two-family dwelling (duplex). (Ord. 52-09, 10-19-2009) 16-5-3-2: CONDITIONAL USES: The following conditional uses may be permitted in the R-2 district, subject to the provisions of section 16-8-5 of this title: Bed and breakfast home. Hospice. Keeping of hens. Licensed adult day services. Licensed childcare center. City of Dubuque 16-5-3-2 16-5-3-4 Mortuary, funeral home, or crematorium. Off street parking. Tour home. Tourist home. Wind energy conversion system. (Ord. 52-09, 10-19-2009) 16-5-3-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Detached garage. Fence. Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Home based business. Noncommercial garden, greenhouse or nursery. Off street parking and storage of vehicles. Satellite receiving dish. Solar collector. Sport, recreation, or outdoor cooking equipment. Storage building. Tennis court, swimming pool or similar permanent facility. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009) 16-5-3-4: TEMPORARY USES: Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009) City of Dubuque 16-5-4 16-5-4-2 16-5-4: R -2A ALTERNATE TWO-FAMILY RESIDENTIAL: The R -2A district is intended to provide for the protection of certain older areas of the community developed principally as single-family and two-family uses. Characteristics of the R -2A district are: smaller than average lot widths and area, established building lines much closer to the public right of way and required setback lines, and/or greater lot coverage than allowed in the more recent developing areas where such requirements can be provided. The R -2A district is intended to be located in those areas displaying one or more of the above characteristics. The purpose of this district is to stabilize and preserve the residential character of existing areas through the establishment of bulk regulations in conformity with existing conditions. (Ord. 52-09, 10-19-2009) 16-5-4-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the R -2A district: Cemetery, mausoleum, or columbarium. Place of religious exercise or assembly. Public or private park, golf course, or similar natural recreation area. Public, private, or parochial school approved by state of Iowa (K — 12). Railroad or public or quasi -public utility, including substation. Single-family detached dwelling. Townhouse (maximum 2 dwelling units). Two-family dwelling (duplex). (Ord. 52-09, 10-19-2009) 16-5-4-2: CONDITIONAL USES: The following conditional uses may be permitted in the R -2A district, subject to the provisions of section 16-8-5 of this title: Bed and breakfast home. Hospice. Licensed adult day services. City of Dubuque 16-5-4-2 16-5-4-3 Licensed childcare center. Off premises residential garage. Off street parking. Tour home. Tourist home. Wind energy conversion system. (Ord. 52-09, 10-19-2009) 16-5-4-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Detached garage. Fence. Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Home based business. Noncommercial garden, greenhouse or nursery. Off street parking and storage of vehicles. Satellite receiving dish. Solar collector. Sport, recreation, or outdoor cooking equipment. Storage building. Tennis court, swimming pool or similar permanent facility. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009) City of Dubuque 16-5-5 16-5-5-2 16-5-5: R-3 MODERATE DENSITY MULTI -FAMILY RESIDENTIAL: The R-3 district is intended to provide locations for a variety of dwelling types ranging from single-family to low rise multi -family dwellings. The R-3 district also serves as a transition between residential and nonresidential districts. (Ord. 52-09, 10-19-2009) 16-5-5-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the R-3 district: Cemetery, mausoleum, or columbarium. Multi -family dwelling (maximum 6 dwelling units). Place of religious exercise or assembly. Public or private park, golf course, or similar natural recreation area. Public, private, or parochial school approved by state of Iowa (K — 12). Railroad or public or quasi -public utility, including substation. Single-family detached dwelling. Townhouse (maximum 6 dwelling units). Two-family dwelling (duplex). (Ord. 52-09, 10-19-2009) 16-5-5-2: CONDITIONAL USES: The following conditional uses may be permitted in the R-3 district, subject to the provisions of section 16-8-5 of this title: Bed and breakfast home. Group home. Hospice. Housing for the elderly or persons with disabilities. Individual zero lot line detached dwelling. City of Dubuque 16-5-5-2 16-5-5-3 Licensed adult day services. Licensed childcare center. Mortuary, funeral home, or crematorium. Nursing or convalescent home. Off premises residential garage. Off street parking. Rooming or boarding house. Tour home. Tourist home. Wind energy conversion system. (Ord. 52-09, 10-19-2009) 16-5-5-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Detached garage. Fence. Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Home based business. Noncommercial garden, greenhouse or nursery. Off street parking and storage of vehicles. Satellite receiving dish. Solar collector. Sport, recreation, or outdoor cooking equipment. Storage building. City of Dubuque 16-5-6 16-5-6-2 16-5-6: R-4 MULTI -FAMILY RESIDENTIAL: The R-4 district is intended to provide residential areas of moderate to high density developments located adjacent to a major street and serves as a buffer or transition between commercial development, nonresidential uses, or heavy automobile traffic and medium density residential development. (Ord. 52-09, 10-19-2009) 16-5-6-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the R-4 district: Cemetery, mausoleum, or columbarium. Multi -family dwelling (3 to 12 units per buildings). Place of religious exercise or assembly. Public or private park, golf course, or similar natural recreation area. Public, private, or parochial school approved by state of Iowa (K — 12). Railroad or public or quasi -public utility, including substation. Single-family detached dwelling. Townhouse (3 to 12 units laterally attached). Two-family dwelling (duplex). (Ord. 52-09, 10-19-2009) 16-5-6-2: CONDITIONAL USES: The following conditional uses may be permitted in the R-4 district, subject to the provisions of section 16-8-5 of this title: Bed and breakfast home. Bed and breakfast inn. Group home. Hospice. Housing for the elderly or persons with disabilities. City of Dubuque 16-5-6-2 16-5-6-3 Licensed adult day services. Licensed childcare center. Mortuary, funeral home, or crematorium. Multi -family dwelling of thirteen (13) or more units. Nursing or convalescent home. Off premises residential garage. Off street parking. Rooming or boarding house. Tour home. Tourist home. Wind conversion energy system. (Ord. 52-09, 10-19-2009) 16-5-6-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Detached garage. Fence. Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Home based business. Noncommercial garden, greenhouse or nursery. Off street parking and storage of vehicles. Satellite receiving dish. Solar collector. Sport, recreation, or outdoor cooking equipment. City of Dubuque 16-5-10-8 16-5-11 16-5-10-8: STANDARDS FOR NONRESIDENTIAL USES: The following standards shall apply to all nonresidential permitted and conditional uses in the C-1 district: A. The use shall be established in an existing structure that was designed for public, quasi -public, commercial, office, institutional, or industrial use. B. The structure was never converted to a residential use after the effective date hereof. C. The use shall be conducted entirely within the structure. D. There shall be no outdoor storage of equipment or materials on the property or adjacent public right of way. E. All vehicles in excess of two (2), used in conjunction with the use shall be stored within a building when they remain on the property overnight or during periods of nonuse, unless an alternate parking location is provided in a properly zoned area. (Ord. 52-09, 10-19-2009) 16-5-11: C-2 NEIGHBORHOOD SHOPPING CENTER: The C-2 district is intended to ensure that the size of the commercial center, the nature of uses permitted and the locational characteristics are such that the grouping of such uses will not adversely affect surrounding residences and do not detract from the residential purpose and character of the surrounding neighborhoods. (Ord. 52-09, 10-19-2009) City of Dubuque 16-5-11-1 16-5-11-1 16-5-11-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the C-2 district: Appliance sales or service. Artist studio. Automated gas station. Bank, savings and loan, or credit union. Barber or beauty shop. Furniture or home furnishing sales. Furniture upholstery or repair. Gas station. General office. Indoor restaurant. Laundry, dry cleaner, or Laundromat. Medical office. Neighborhood shopping center. Photographic studio. Place of religious exercise or assembly. Public or private park, golf course, or similar natural recreation area. Railroad or public or quasi -public utility, including substation. Residential use above the first floor only. Retail sales and service. School of private instruction. (Ord. 52-09, 10-19-2009; amd. Ord. 54-10, 9-20-2010) City of Dubuque 16-5-13-1 16-5-13-1 General office. Grocery store. Hotel. Indoor amusement arcade. Indoor recreation facility. Indoor restaurant. Indoor theater. Laundry, dry cleaner, or Laundromat. Medical office. Miniwarehouse. Mobile or manufactured home sales or service. Mortuary or funeral home. Moving or storage facility. Museum or library. Neighborhood shopping center. Parking structure. Pet daycare or grooming. Photographic studio. Place of religious exercise or assembly. Printing or publishing. Private club. Public or private park, golf course, or similar natural recreation area. Railroad or public or quasi -public utility, including substation. City of Dubuque 16-5-13-1 16-5-13-3 Residential use above the first floor only. Restaurant, drive-in or carryout. Retail sales and service. School of private instruction. Service station. Tattoo parlor. Tour home. Vehicle body shop. Vehicle sales or rental. Vehicle service or repair. Vending or game machine sales or service. Wholesale sales or distributor. (Ord. 52-09, 10-19-2009) 16-5-13-2: CONDITIONAL USES: The following conditional uses may be permitted in the C-3 district, subject to the provisions of section 16-8-5 of this title: Licensed adult day services. Licensed childcare center. Outdoor recreation or outdoor amusement center. Passenger transfer facility. Wind energy conversion system. (Ord. 52-09, 10-19-2009) 16-5-13-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Any use customarily incidental and subordinate to the principal use it serves. City of Dubuque CO CO T 1 CO 4 C T 10-19-2009) City of Dubuque 16-5-17 16-5-17-1 16-5-17: CR COMMERCIAL RECREATION: The CR district is intended to provide for commercial recreation facilities, together with their supporting uses, which generally require large tracts of land and/or generate substantial volumes of traffic. (Ord. 52-09, 10-19-2009) 16-5-17-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the CR district: Art gallery, museum or library. Athletic field, stadium or sport arena. Auditorium or assembly hall. Bowling alley. Campground or recreational vehicle park. Car wash, self-service. Convention center. Dog and horse racing or track operation. Excursion boat or boat services. Gambling facility licensed by the state of Iowa. Health, sport, recreation or athletic club or organization. Hotel. Indoor amusement center. Indoor recreation facility. Indoor restaurant. Indoor theater. Laundry, dry cleaner or laundromat. Marine vehicle body shop. City of Dubuque 16-5-17-1 16-5-17-2 Marine vehicle sales or rental. Marine vehicle service or repair. Off street parking lot. Outdoor recreation. Parking structure. Passenger transfer facility. Place of religious exercise or assembly. Pleasure craft harbor. Private club. Public or private park, golf course, or similar natural recreation area. Railroad or public or quasi -public utility, including substation. Residential use above the first floor only. Retail sales and service. Tour home. (Ord. 52-09, 10-19-2009; amd. Ord. 49-10, 8-16-2010) 16-5-17-2: CONDITIONAL USES: The following conditional uses may be permitted in the CR district, subject to the provisions of section 16-8-5 of this title: Bar or tavern. Drive -up automated bank teller. Gas station. Licensed adult day services. Licensed childcare center. Restaurant, drive-in or carryout. City of Dubuque 16-5-17-2 16-5-17-6 Wind energy conversion system. (Ord. 52-09, 10-19-2009) 16-5-17-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Any use customarily incidental and subordinate to the principal use it serves. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009) 16-5-17-4: TEMPORARY USES: The following uses shall be permitted as temporary uses in the CR district in conformance with the provisions of section 16-3-19 of this title: Any use listed as a permitted use within the district. (Ord. 52-09, 10-19-2009) 16-5-17-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-17-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) (see following page) City of Dubuque 16-5-23 16-5-23-5 16-5-23: POS PUBLIC OPEN SPACE: The POS district is intended to provide open space for passive recreation, to protect and conserve natural, historic or cultural resources, to provide habitat for wildlife, to prevent development in environmentally sensitive locations such as bluffs, wetlands, floodplains and drainageways; to serve as a buffer between differing land uses or to provide natural beauty in an urban environment. (Ord. 52-09, 10-19-2009) 16-5-23-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the POS district: Public or private park, golf course, or similar natural recreation area. Railroad and public or quasi -public utility, including substation, but not including offices or storage. (Ord. 52-09, 10-19-2009) 16-5-23-2: CONDITIONAL USES: The following conditional uses may be permitted in the POS district, subject to the provisions of section 16-8-5 of this title: Recreational use. (Ord. 52-09, 10-19-2009) 16-5-23-3: ACCESSORY USES: The following uses may be permitted as accessory uses as provided in section 16-3-7 of this title: Any use customarily incidental and subordinate to the principal use it serves. (Ord. 52-09, 10-19-2009) 16-5-23-4: TEMPORARY USES: The following uses may be permitted as temporary uses in the POS district in conformance with the provisions of section 16-3-19 of this title: Uses of a recreational or amusement nature. (Ord. 52-09, 10-19-2009) 16-5-23-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) City of Dubuque 16-5-23-6 16-5-23-6 16-5-23-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) (see following page) City of Dubuque 16-13-3-5-2 16-13-3-6 E. All electrical service lines to posts and fixtures shall be installed underground and concealed inside the posts. (Ord. 52-09, 10-19-2009) 16-13-3-5-3: STANDARD PARKING SPACE DIMENSIONS: A. The standard size parking stall should be at least nine feet (9') wide and eighteen feet (18') long. STANDARD SIZE CAR REQUIREMENTS (AASHTO STANDARD) Degree Of Angle Stall Width (A) Curb Length (B) Stall Depth (C) Stall Length (D) Aisle Width One -Way/ Two -Way (E) Island Width (F) 0° 8.5' 23' n/a n/a 13'/24' n/a 45° 9' 12.7' 19.8' 19' 13'/13' 33.2' 60° 9' 10.4' 21' 19' 18'/18' 37.4' 90° 9' 9' 18' 18' 24'/24' 36' B. If parking stalls for compact cars are allowed, the stall dimensions should be at least seven feet six inches (7'6") wide and sixteen feet (16') long. STANDARD COMPACT CAR REQUIREMENTS Degree Of Angle Stall Width (A) Curb Length (B) Stall Depth (C) Stall Length (D) Aisle Width One -Way/ Two -Way (E) Island Width (F) 0° 7.5' 16' n/a n/a 13'/24' n/a 45° 8' 11.3' 17' 16' 13'/13' 28.3' 60° 8' 9.2' 17.8' 16' 18'/18' 31.7' 90° 8' 8' 16' 16' 24'/24' 32' (Ord. 52-09, 10-19-2009) 16-13-3-6: SIDEWALKS AND WALKWAYS: A. Continuous sidewalks a minimum of four feet (4') wide shall be provided along all public street frontages. City of Dubuque 16-13-3-6 16-13-4-4 B. Clearly defined and lighted pedestrian walkways shall extend between parking areas and all building entrances. C. All sidewalks and walkways shall meet the ADA standards for accessibility. (Ord. 52-09, 10-19-2009) 16-13-4: LANDSCAPING AND SCREENING REQUIREMENTS: 16-13-4-1: INTENT: The landscaping and screening requirements of this section 16-13-4 are intended to promote attractive and harmonious growth of the city. Landscaping is a fundamental component of property development. These provisions are intended to preserve and enhance property values by ensuring that yards, open spaces, parking lots and public rights of way are designed and maintained with respect to plants and landscape materials. This section 16-13-4 also intends that property development should respect land capability and constraints, minimize erosion and destruction of natural amenities and reduce conflicts between lands and uses. (Ord. 52-09, 10-19-2009) 16-13-4-2: APPLICATION AND SCOPE: No new structure, building or parking lot shall be constructed unless in compliance with the landscape and screening standards of this section 16-13-4. (Ord. 52-09, 10-19-2009) 16-13-4-3: LANDSCAPE AREA REQUIREMENTS: A. Single-family and two-family dwellings shall maintain a minimum of twenty percent (20%) of lot area as a permeable and uncovered surface that contains living material. Single-family and two-family dwellings shall be exempt from other requirements of this section 16-13-4. B. All other uses shall provide and maintain a landscaped area that equals or exceeds the requirements of this section 16-13-4. (Ord. 52-09, 10-19-2009) 16-13-4-4: SITE LANDSCAPING: A. Major site plans shall include a landscaping plan indicating how existing topography, natural features, and vegetation will be City of Dubuque 16-14-6 16-14-6 Land Use Off Street Parking Spaces Required Mobile or manufactured home sales or service 1 per employee on maximum shift, plus 1 per 500 square feet of gross floor area of indoor display area, plus 1 per 5,000 square feet of gross floor area of outdoor display area Mortuary or funeral home 1 per 50 square feet viewing area, plus 1 per employee on maximum shift Multiple -family dwelling 1.5 per unit Multiple -family dwelling (3 to 12 units) 1.5 per unit Multiple -family dwelling (maximum 6 units) 1.5 per unit Multiple -family dwelling (more than 12 units) 1.5 per unit Museum or library 1 space for each 500 square feet of floor area accessible to the general public Neighborhood shopping center 1 per 250 square feet of gross floor area accessible to the public Nursing or convalescent home 0.25 per bed, plus 1 per employee on maximum shift Nursing or convalescent home for institutional residents or affiliates 0.25 per bed, plus 1 per employee on maximum shift Office supply 1 space for each employee on maximum shift, plus 1 space for each 250 square feet of floor area accessible to the general public Offices for administrative personnel or other institutional employees or affiliates 1 per 4,500 square feet office floor area, or 1 per employee on largest shift, whichever is greater Outdoor recreation or outdoor amusement center: Bowling alley 4 spaces for each lane Excursion craft operation and service 1 space for each 4 permanent seats on the craft, plus 1 space for each employee on the maximum shift City of Dubuque 16-14-6 16-14-6 Land Use Off Street Parking Spaces Required Golf course 50 spaces for each 9 holes Gymnasium (with no seating provided) 1 space for each 100 square feet of athletic floor area Miniature golf 15 spaces for each 9 holes Pleasure craft harbor 1.5 spaces for each docking slip Shooting/archery range 1 space for each firing point, plus 1 space for each employee on the maximum shift Swimming pool 1 space for each 30 square feet of gross pool area Tennis/handball/racquetball courts 3 spaces for each court Weight training/exercise room 1 space for each 100 square feet of floor area devoted to such use Outpatient care facility 1 per employee, not including doctors, on maximum shift, plus 3.5 per doctor Passenger transfer facility 1 space per employee on maximum shift, plus 1 space for each 250 square feet of floor area accessible to the general public Personnel services 1 space for each 400 square feet devoted to office use, or 1 space for each employee on maximum shift, whichever is greater Pet daycare 1 per employee on maximum shift Photographic studio 1 per employee on maximum shift, plus 1 per 100 square feet of gross floor area accessible to the public Place of religious exercise or religious assembly 1 per 4 seats Pleasure craft harbor 1.5 per docking slip City of Dubuque 16-14-6 16-14-6 Land Use Off Street Parking Spaces Required Slaughterhouse or stockyard 1 space per employee on maximum shift, plus 1 per company vehicle Supermarket 1 space for each 250 square feet of floor area accessible to the general public Swimming pool 1 per 30 square feet of gross pool area Tailor or alterations shop 2 spaces for each employee on maximum shift Tennis, handball or racquetball courts 3 per court • Tool, die, or pattern making 1 space per employee on maximum shift, plus 1 per company vehicle Tour home As per zoning board of adjustment as part of a conditional use permit Tourist home 2 spaces per dwelling unit Townhouse 2 per dwelling unit Two-family dwelling (duplex) 2 per dwelling unit Upholstery shop 1.5 spaces for each employee on the maximum shift, plus 1 space for each service bay and/or service vehicle Vehicle body shop 1 per employee on maximum shift, plus 3 per service bay Vehicle sales or rental 1 per employee on maximum shift, plus 1 per 500 square feet of gross floor area of indoor display area, plus 1 per 2,000 square feet of gross floor area of outdoor display area, plus 2 per service bay Vehicle service or repair 1 per employee on maximum shift, plus 3 per service bay Vending or game machine sales or service 1 per employee on maximum shift, plus 1 per 250 square feet of gross floor area accessible to the public Vocational school: Dormitories 1 space for each bed Employees 0.75 space for each employee on the maximum shift City of Dubuque 16-14-6 16-14-8 Land Use Off Street Parking Spaces Required Gymnasiums 1 space for each 6 permanent seats Lecture halls 1 space for each 6 permanent seats Warehousing, packaging, distribution or storage facility 1 space per employee on maximum shift, plus 1 per company vehicle Welding services 1 space per employee on maximum shift, plus 1 per company vehicle Wholesale sales or distribution 1 per employee on maximum shift, plus 1 per service vehicle, plus 1 per 250 square feet of gross floor area accessible to the public Winery As per zoning board of adjustment as part of a conditional use permit (Ord. 52-09, 10-19-2009) 16-14-7: ACCESSIBLE PARKING SPACE REQUIREMENTS: Accessi- ble parking spaces shall be provided as required by state or federal law. (Ord. 52-09, 10-19-2009) 16-14-8: NONCONFORMING PARKING LOTS: A. All parking lots lawfully existing on the effective date of this title may be continued, although such parking lots do not conform to the provisions hereof. Such lots shall be maintained in conformance with this title and any other city regulations. Such nonconforming parking lot may not be enlarged or extended, except as provided herein. In the event that such parking lots are discontinued or the normal operation thereof is stopped for a period of two (2) years, any resumption of the use of said parking lot shall thereafter conform to all of the requirements of this title. B. The following provisions shall apply to extension and enlargement of nonconforming parking Tots: 1. If an existing nonconforming parking lot having less than twenty (20) spaces on the effective date of this title is expanded fifty percent (50%) or more in area, the entire parking lot shall be surfaced in conformance with the appropriate design standards. City of Dubuque BUILDING AND DEVELOPMENT (cont.) Building Construction, Demolition And Moving 14-2 Condominium Conversions And Transfers To Multiple Housing Cooperative 14-7 Dangerous Buildings 14-3 Erosion And Sediment Control 14-12 Exterior Storage Containers And Storage Trailers 14-8 Flood Areas 14-11 Historic Buildings 14-5 Historic Preservation 16-10 Licensing Of Vacant And/Or Abandoned Buildings Definitions 14-4-1 Fees 14-4-4 Inspections 14-4-6 Registration 14-4-3 Relationship Of License To Other Codes 14-4-10 Renewal Licenses 14-4-7 Renewal, Penalty For Failure To Renew License 14-4-8 Revocation, Reinstatement Measures 14-4-9 Terms Of Licenses 14-4-5 Vacant And/Or Abandoned Building License 14-4-2 Signs 16-15 Solar Thermal Licenses 14-13 Solar Thermal System Permits And Inspections 14-14 Swimming Pools 14-9 BUILDING CODE AND REGULATIONS Demolition Permits In Conservation Districts 14-1A-4 Exterior Security And Appearance Of Buildings 14-1A-5 International Building Code Adopted 14-1A-1 International Building Code Amendments 14-1A-2 Permit Issuance Prohibited During Consideration Of Zoning Reclassification Or Zoning Or Subdivision Text Amendments 14-1A-3 BUILDING CONSTRUCTION, DEMOLITION AND MOVING Application For Permit 14-2-2 Fees 14-2-5 Insurance Requirements 14-2-7 Moratorium For Construction Or Other Work On Certain Streets, Areas Or Facilities 14-2-4 Permit Issuance; Generally 14-2-3 Permit Required 14-2-1 Special Provisions 14-2-6 Special Requirements 14-2-8 BURNING RESTRICTIONS 6-9-2 May 2011 City of Dubuque BUSINESS AND LICENSE REGULATIONS Adult Entertainment Establishments 4-8 Business Licenses Generally 4-1 Central Market 4-4 Door To Door Sales 4-5 Excursion Boat Admission Fees 4-3 Junk And Secondhand Dealers And Pawnbrokers 4-6 Liquor Control 4-2 Alcoholic Beverages 4-2A Liquor, Beer And Wine Licenses And Permits 4-2B Peddlers And Transient Merchants 4-9 Vehicles For Hire And Public Transportation 4-7 Motorized Vehicles For Hire 4-7B Nonmotorized Vehicles 4-7A BUSINESS LICENSES GENERALLY Application For License 4-1-2 Effect Of Chapter 4-1-9 Issuance Of License 4-1-3 License Required 4-1-1 License Suspension Or Revocation 4-1-8 Proration Of License Fee 4-1-5 Record Of Licenses 4-1-4 Refund Of Fee Prohibited; Exception 4-1-6 Transferability; Changes In Location 4-1-7 C CABLE RIGHT OF WAY REGULATIONS Administration 11-2-16 Audits 11-2-17 Authority 11-2-6 Authorization Required 11-2-8 Bond Or Letter Of Credit 11-2-19 Business License 11-2-14 Cable Communications Construction Standards 11-2A-8 Consumer Protection 11-2A-11 Definitions 11-2A-6 Delegation Of Powers 11-2A-5 Franchise Fee 11-2A-13 Further Findings And Purpose 11-2A-2 Goals 11-2A-3 Grant Of Franchise 11-2A-7 Insurance 11-2A-15 May 2011 City of Dubuque -D- -E- D DANGEROUS ANIMALS (See Also ANIMAL CONTROL) 7-6D DANGEROUS BUILDINGS Appeal 14-3-6 Definitions 14-3-2 Enforcement 14-3-3 Enforcement Of Order Of Building Official Or Building Code And Appeals Board 14-3-8 Notices And Orders Of Building Official 14-3-4 Performance Of Work Of Repair Or Demolition 14-3-9 Procedure For Conduct Of Hearing Appeals 14-3-7 Purpose And Scope 14-3-1 Recovery Of Cost Of Repair Or Demolition 14-3-10 Repair, Vacation And Demolition 14-3-5 DEFINITIONS, CITY CODE Catchlines, Titles And Headings 1-3-2 Rules Of Construction 1-3-1 DISABILITY DISCRIMINATION (See Also HUMAN RIGHTS) 8-3-1 DOGS AND CATS (See Also ANIMAL CONTROL) 7-6B DOOR TO DOOR SALES Application For License; Bond 4-5-4 Definition 4-5-1 Display Of License 4-5-6 Exemptions 4-5-3 Issuance Of License; Fee 4-5-5 License Required 4-5-2 Suspension Or Revocation Of License 4-5-8 Transferability Of License 4-5-7 DRINKING IN PUBLIC PLACES 4-2A-6 DRUG PARAPHERNALIA (See Also OFFENSES) 7-5B DUBUQUE CITY CODE Altering Code 1-1-3 Amendments To Code; Effect Of New Ordinances 1-1-2 Definitions 1-3 General Penalty 1-4 How Code Designated And Cited 1-1-1 Saving Clause 1-2 E ECONOMIC DEVELOPMENT Enterprise Zone Commission Commission Created 3-4B-1 Composition 3-4B-2 November 2011 City of Dubuque -E- -E- ECONOMIC DEVELOPMENT (cont.) Duties 3-4B-6 Organization 3-4B-4 Procedures For Operations 3-4B-5 Term; Filling Of Vacancies; Compensation 3-4B-3 Industrial Projects Issuance Of Bonds; Investigation Fee 3-4A-1 Residential Relocation Assistance Program Appeals 3-4D-8 Applicability Of Program 3-4D-4 Definitions 3-4D-3 Eligibility For Assistance 3-4D-5 Funding 3-4D-11 Procedure For Hearing Appeal 3-4D-9 Purpose 3-4D-2 Relocation Assistance 3-4D-7 Relocation Assistance Program Established 3-4D-1 Violation By Owner 3-4D-10 Written Notice Required 3-4D-6 Speculative Shell Buildings Of Community Development Organizations And For Profit Entities Application For Exemption By Property Owner 3-4C-3 Definitions 3-4C-1 Exemption Allowed 3-4C-2 ELECTIONS, PRECINCTS AND WARDS City Divided Into Four Wards 1-8-24 City Divided Into Twenty Precincts 1-8-3 Correction Of Errors 1-8-2 Definitions And Rules Of Construction 1-8-1 Precinct 1 1-8-4 Precinct 2 1-8-5 Precinct 3 1-8-6 Precinct 4 1-8-7 Precinct 5 1-8-8 Precinct 6 1-8-9 Precinct 7 1-8-10 Precinct 8 1-8-11 Precinct 9 1-8-12 Precinct 10 1-8-13 Precinct 11 1-8-14 Precinct 12 1-8-15 Precinct 13 1-8-16 Precinct 14 1-8-17 Precinct 15 1-8-18 Precinct 16 1-8-19 Precinct 17 1-8-20 November 2011 City of Dubuque -E- -E- ELECTRIC FRANCHISES (cont.) Regulatory Review 11-5A-8 Relocation Of Service Lines 11-5A-5 Reports To City Council 11-5A-12 Representation Of Company 11-5A-7 Reservation Of Home Rule Powers 11-5A-21 Reserved Regulatory Rights 11-5A-9 Revival 11-5A-19 Severability 11-5A-18 Street Usage 11-5A-3 Maquoketa Valley Electric Cooperative Accessions To Franchise 11-5B-6 Acquisition At Expiration 11-5B-22 Adoption 11-5B-24 Company Rules 11-5B-13 Cure Of Defaults 11-5B-20 Definitions 11-5B-1 Excavations And Other Works 11-5B-4 Extension Of Service 11-5B-10 Forfeiture Of Franchise 11-5B-17 Franchise Fee 11-5B-23 Grant Of Franchise 11-5B-2 Indemnification; Insurance 11-5B-15 Maps Of Distribution System 11-5B-14 Meters 11-5B-8 Nonassignment 11-5B-16 Rates 11-5B-11 Relocation Of Service Lines 11-5B-5 Reports To City Council 11-5B-12 Representation Of Company 11-5B-7 Reservation Of Home Rule Powers 11-5B-21 Reserved Regulatory Rights 11-5B-9 Revival 11-5B-19 Severability 11-5B-18 Street Usage 11-5B-3 ELECTRICAL CODE National Electrical Code Adopted 14-1D-1 National Electrical Code Amendments 14-1D-2 EMERGENCY LOCATION FOR CITY GOVERNMENT 1-10-3 EMERGENCY MANAGEMENT Comprehensive Citywide Disaster Plan 7-3-3 Obedience To Mayor's Emergency Proclamations 7-3-1 Office Of Local Coordinator 7-3-2 EMERGENCY SUCCESSION DURING DISASTER Appointment 1-11-3 Definitions 1-11-2 City of Dubuque -E- -E- EMERGENCY SUCCESSION DURING DISASTER (cont.) Purpose 1-11-1 Termination Of Authority By Council 1-11-4 ENCROACHMENTS ON PUBLIC PLACES Hold Harmless 10-3-2 Insurance 10-3-3 Intent And Purpose 10-3-1 Newsracks Abandonment 10-3B-6 Definitions 10-3B-1 Identification 10-3B-4 Location And Size 10-3B-2 Standards 10-3B-3 Violations 10-3B-5 Other Encroachments Compliance With Historic Preservation Regulations 10-3D-3 Covenant Of Permit Holder 10-3D-5 Definition 10-3D-1 Maintenance 10-3D-4 Permit Requirements; Fees 10-3D-2 Projecting Signs Compliance With Historic Preservation Regulations 10-3C-4 Compliance With Zoning Ordinance 10-3C-3 Definitions 10-3C-1 Exclusion 10-3C-6 Maintenance 10-3C-5 Permit Requirements; Fees 10-3C-2 Revocation Of Permit 10-3-4 Sidewalk Cafes Authorization 10-3E-2 Days And Hours Of Operation 10-3E-5 Definition 10-3E-1 Designated Area 10-3E-4 Operation 10-3E-7 Permit Requirements; Fee 10-3E-3 Sound Equipment 10-3E-6 Waste Collection Receptacles Definitions 10-3A-1 Exception 10-3A-5 Exclusion 10-3A-4 Maintenance 10-3A-3 Permit Requirements; Fees 10-3A-2 ENERGY CONSERVATION CODE International Energy Conservation Code Adopted 14-1C-1 International Energy Conservation Code Amendments 14-1C-2 ENTERPRISE ZONE COMMISSION 3-4B 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 14-1C-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 November 2012 City of Dubuque -J- -L- 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 Application; Bond 4-2B-3 Application For Renewal 4-2B-14 Effect Of Revocation 4-2B-18 Fees And Surcharges 4-2B-8 Hearing 4-2B-17 November 2012 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; Notification; Specific Terms 4-2B-16 Term Of License Or Permit; Seasonal Licenses And Permits 4-2B-13 Transferability As To Location 4-2B-11 Open Containers In Motor Vehicles 9-7-321.284 Open Containers In Motor Vehicles; Passengers 9-7-321.284A LITTERING 7-5A-5 LIVESTOCK (See Also ANIMAL CONTROL) 7-6 LONG RANGE PLANNING ADVISORY COMMISSION 15-2 M MAILBOXES General 10-3F-1 Nuisance 10-3F-4 Permit 10-3F-2 Placement And Design 10-3F-3 MANAGER, CITY 1-7-4 MAYOR AND CITY COUNCIL Compensation 1-6-2 Composition; Terms 1-6-1 Emergency Succession For Mayor And Council Members 1-6-4 Evidentiary Hearings By City Council 1-9 Mayor Pro Term 1-6-3 Rules And Procedure Amendments To Motions 1-6A-8 Attendance Of Media At Council Meetings 1-6A-5 Chart Of Preference Of Motions 1-6A-9 Committees, Boards And Commissions Established 1-6A-13 General Rules 1-6A-2 Motions 1-6A-7 Motions For Special Purposes 1-6A-10 Order Of Business And Agenda 1-6A-11 Ordinances, Resolutions And Motions 1-6A-12 November 2012 City of Dubuque -M- -M- MAYOR AND CITY COUNCIL (cont) Presiding Officer 1-6A-6 Purpose 1-6A-1 Records 1-6A-4 Rights Of Public 1-6A-14 Suspension Of Rules 1-6A-15 Types Of Meetings 1-6A-3 MECHANICAL CODE Fees 14-1F-3 International Mechanical Code Adopted 14-1F-1 International Mechanical Code Amendments 14-1 F-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 7-5D 7-5E Parental Responsibility For Social Host Responsibility 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 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 7-5A-15 7-5A-14 1-4 9-4-321.174A 9-4-321.98 November 2012 City of Dubuque -P- -P- PARKS AND RECREATION (cont.) Sales Restricted 10-5B-11 Throwing Stones Or Other Missiles 10-5B'0 Unlawful Deposits 1O'6B-8 Use Of Spotlights, Searchlights 1O'5B-15 Waiking On Grass 10'5B'5 Washing Vehicles 1O'5B'10 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 November 2012 City of Dubuque -P- -P- PEDDLERS AND TRANSIENT MERCHANTS (cont.) Issuance Of License 4-9-5 License Required 4-9-2 Misrepresentation 4-9-7 Peddling From Temporary Stands Or Vehicles Restricted 4-9-12 Personal Nature; Transferability 4-9-9 Report To City Clerk Upon Loss Required 4-9-10 Revocation 4-9-8 PEDESTRIANS' RIGHTS AND DUTY 9-8-321.326 — 9-8-321.333 PENALTY, GENERAL (See Also GENERAL PENALTY, CITY CODE) 1-4 PLANNING AND ZONING Comprehensive Plan Community Planning Defined 15-1-3 Comprehensive Plan Defined 15-1-1 Elements Of Comprehensive Plan 15-1-2 Long Range Planning Advisory Commission Commission Created; Composition 15-2-1 Organization; Meetings 15-2-4 Powers 15-2-3 Procedures For Operations 15-2-5 Term Of Office 15-2-2 Unified Development Code Title 16 PLUMBING CODE Backflow Prevention Requirements For Existing Water Services 14-1H-5 New Residential Construction 14-1 H-4 Inspection Fees 14-1H-6 International Plumbing Code Adopted 14-1H-1 International Plumbing Code Amendments 14-1H-2 Licensure And Certification 14-1H-3 POLICE DEPARTMENT Fees For Police Department Services 7-1-1 POLICE, FIRE AND PUBLIC SAFETY Alarm System Permits 7-4 Animal Control 7-6 Dangerous Animals 7-6D Dogs And Cats 7-6B Miscellaneous Provisions 7-6A Potentially Vicious Dogs 7-6E Rabies Control 7-6C Bicycles 7-7 Emergency Management 7-3 Fire Department 7-2 May 2011 City of Dubuque -P- -P- POLICE, FIRE AND PUBLIC SAFETY (cont.) Offenses 7-5 Crime Property 7-5C Drug Paraphernalia 7-5B General Offenses 7-5A Parental Responsibility 7-5D Police Department 7-1 PROPERTY TAX Partial Exemption From Property Taxation 3-1-1 PUBLIC UTILITIES Gas Main Connections City Authority To Make Connection 13-3-3 City Authority To Require 13-3-1 Notice To Owners 13-3-2 Time Limit For Completion 13-3-4 Illicit Connections And Discharges To Storm Sewer System Appeal Of Notice Of Violation 13-5-14 Applicability 13-5-2 Cost Of Abatement Of Violation 13-5-16 Definitions 13-5-1 Discharge Prohibitions 13-5-6 Enforcement 13-5-13 Enforcement Measures After Appeal 13-5-15 Industrial Or Construction Activity Discharges 13-5-8 Injunctive Relief 13-5-17 Monitoring Of Discharges 13-5-9 Notification Of Spills 13-5-12 Prevent, Control And Reduce Pollutants By Use Of BMPs 13-5-10 Remedies Not Exclusive 13-5-19 Responsibility For Administration 13-5-3 Severability 13-5-4 Suspension Of MS4 Access 13-5-7 Ultimate Responsibility 13-5-5 Violations Deemed Public Nuisance 13-5-18 Watercourse Protection 13-5-11 Sewers And Sewage Disposal 13-2 Discharge Regulations 13-2A Industrial Pretreatment Program 13-2D Private Disposal Systems; Private Haulers 13-2B Rates 13-2C Solid Waste 13-6 City Or Private Collection Service 13-6A Stormwater Management 13-4 May 2011 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) 7-6C RAILROADS Maintenance Of Crossings, Rights Of Way 10-6-3 Parking Near Certain Streets Prohibited 10-6-5 Speed Restrictions 10-6-1 Unlawful Deposits 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 14-1 B-2 RESIDENTIAL RELOCATION ASSISTANCE PROGRAM (See Also ECONOMIC DEVELOPMENT) 3-4D RESIDENTIAL ZONING DISTRICTS 16-5-2 — 16-5-6 April 2012 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 11-28 Cable Television 11-3 Cable Franchise Agreement 11-3A Cable Services Customer Service Standards 11-3E 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 April 2012 City of Dubuque -R- -S- RIGHTS OF WAY (cont.) Police Regulations 11-1-17 Regulations 11-1-6 Reimbursement For City Cost Associated With Construction Activities 11-1-9 Relocation Or Removal When Required By Public Needs 11-1-7 Transfers And Assignments 11-1-12 Undergrounding 11-1-14 Use Of Poles 11-1-13 RUNNING AT LARGE, ANIMALS 7-6B-7 S SAFE COMMUNITY ADVISORY COMMITTEE Committee Created 2-10-1 Compensation 2-10-10 Internal Organization And Rules 2-10-3 Meetings 2-10-9 Membership 2-10-5 Mission 2-10-2 Officers/Organization 2-10-8 Powers 2-10-12 Procedures For Operation 2-10-4 Removal 2-10-11 Sunset Of Safe Community Advisory Committee 2-10-13 Terms 2-10-6 Vacancies 2-10-7 9-12-321.445 SAFETY BELTS AND SAFETY HARNESSES IN VEHICLES SALARIES (See COMPENSATION AND SALARIES) SAVING CLAUSE, CITY CODE Effect Of Repeals 1-2-2 Severability Of Parts Of Code 1-2-1 SEAL, CITY 1-10-4 SECONDHAND DEALERS (See Also JUNK AND SECONDHAND DEALERS AND PAWNBROKERS) 4-6 SEWERS AND SEWAGE DISPOSAL Certain Disposal Methods Prohibited 13-2-2 Conformance With City Plumbing Rules And Regulations 13-2-5 Connection To Public Sewer 13-2-3 Connections Prior To Improving Streets 13-2-4 Construction, Maintenance And Operation Costs 13-2-6 Definitions 13-2-1 Destruction Of Sewage Works Property 13-2-8 February 2012 City of Dubuque SEWERS AND SEWAGE DISPOSAL (cont.) Discharge Regulations Authority To Enter Easement Property For Sewage Works Inspection And Repair 13-2A-10 Authority To Enter Properties For Testing Discharges 13-2A-9 Authority To Regulate Discharge Of Harmful Substances 13-2A-4 Discharge Of Harmful Substances 13-2A-3 Discharge Of Objectionable Items 13-2A-2 Discharge Of Stormwater And Other Unpolluted Drainage 13-2A-1 Manholes, Meters And Sampling Equipment 13-2A-7 Responsibilities Of Owners Of Treatment Or Flow Equalizing Facilities 13-2A-6 Special Agreements Authorized 13-2A-5 Testing Standards 13-2A-8 Industrial Pretreatment Program Abbreviations 13-2D-3 Accidental Discharge/Slug Control Plan 13-2D-8 Administration; Permit Requirements; Regulations 13-2D-11 Definitions 13-2D-2 Enforcement; Violation Notice; Hearing 13-2D-12 Excessive Discharge 13-2D-7 Federal Categorical Pretreatment Standards 13-2D-5 Fees And Charges 13-2D-10 General Discharge Prohibitions 13-2D-4 Notice Of Potential Problems Including Slug Loadings 13-2D-9 Penalty; Costs 13-2D-13 Purpose And Policy 13-2D-1 Specific Pollutant Limitations 13-2D-6 Notice Of Violation; Time Limit For Correction 13-2-9 Private Disposal Systems; Private Haulers Abandonment Of Private Treatment And Disposal System 13-2B-5 Appeals From Orders Of City Manager 13-2B-7 Connections To Private Treatment And Disposal Systems 13-2B-3 Issuance Of Permit; Inspection; Completion Of Installation 13-2B-2 Permit Required; Application, Form And Fee 13-2B-1 Private Disposal Facilities Not Expense To City 13-2B-4 Private Haulers 13-2B-8 Right Of Entry For Inspection And Testing 13-2B-6 Rates Areas Not Served By Public System 13-2C-4 Cost Of Collection 13-2C-6 February 2012 City of Dubuque 'G' -s- SEWERS AND SEWAGE DISPOSAL (cont.) S' 8EVVERSANOSEVVAGED|SP{JGAL(oonL) Definitions 13-2C'2 Lien For Failure To Pay 13-2C-5 Purpose 13-2C-1 Rates Established 13'2C'3 Sanitary Sewer Connection Fees 13-2-7 SIDEWALKS (See AIso STREETS, SIDEWALKS AND OTHER PUBLIC PLACES) 10-1 SIGNS (See Also UNIFIED DEVELOPMENT CODE) 16-15 SISTER CITY RELATIONSHIPS ADVISORY COMMISSION Commission Created 2-9-1 � Compensation 2'0'10 \ Internal Organization And Rules 2-9-3 Meetings 2-9'9 Membership 2-9-5 Officers; Organization 2-9-8 Powers 2-9-12 Procedures For Operation 2-9-4 Purpose 2'9'2 Removal 2'9-11 Terms 2-9-6 Vacancies 2'9'7 SMOKING, CARRYING LIGHTED OBJECTS IN SPECIFIED PLACES RESTRICTED 6-9-1 SNOW AND ICE REMOVAL FROM STREETS AND PUBLIC WAYS 10'1'3 SOLAR THERMAL LICENSES Application Approval 14-13-5 Contents 14-13-4 Definition 14-13-1 Exemption 14-13-7 License Application 14-13-3 Renewal 14-13-6 Licenses 14-13-2 SOLAR THERMAL SYSTEM PERMITS AND INSPECTIONS Definition 14-14-1 Heat Transfer Fluid 14'14'0 Inspections Required 14-14-4 Liquid Systems 14'14'6 Monitoring 14-14-7 Permit Application 14-14-3 Required 14-14-2 Rating 14'14'10 February 2012 City of Dubuque SOLAR THERMAL SYSTEM PERMITS AND INSPECTIONS (cont) Shading Of Solar Collectors 14-14-5 Use Of Wood In Solar Collection Systems 14-14-8 February 2012 City of Dubuque SISTER CITY RELATIONSHIPS ADVISORY COMMISSION (cont.) Powers 2-9-12 Procedures For Operation 2-9-4 Purpose 2-9-2 Removal 2-9-11 Terms 2-9-6 Vacancies 2-9-7 SMOKING, CARRYING LIGHTED OBJECTS IN SPECIFIED PLACES RESTRICTED 6-9-1 SNOW AND ICE REMOVAL FROM STREETS AND PUBLIC WAYS 10-1-3 SOLAR THERMAL LICENSES Application Approval 14-13-5 Contents 14-13-4 Definition 14-13-1 Exemption 14-13-7 License Application 14-13-3 Renewal 14-13-6 Licenses 14-13-2 SOLAR THERMAL SYSTEM PERMITS AND INSPECTIONS Definition 14-14-1 Heat Transfer Fluid 14-14-9 Inspections Required 14-14-4 Liquid Systems 14-14-6 Monitoring 14-14-7 Permit Application 14-14-3 Required 14-14-2 Rating 14-14-10 Shading Of Solar Collectors 14-14-5 Use Of Wood In Solar Collection Systems 14-14-8 May 2011 City of Dubuque -u- -u- UNIFIED DEVELOPMENT CODE (cont.) Special Exceptions 16-8-7 Application 16-8-7-1 Conditions And Restrictions Attached To Granting Special Exception 16-8-7-4 Decisions And Records 16-8-7-5 Notice And Meeting Requirements 16-8-7-2 Requirements For Granting Special Exception 16-8-7-3 Variance Procedure 16-8-6 Application 16-8-6-1 Conditions And Restrictions Attached To Granting Of Variance 16-8-6-4 Decisions And Records 16-8-6-5 Notice And Meeting Requirements 16-8-6-2 Requirements For Granting Of Variance 16-8-6-3 Zoning Board Of Adjustment 16-8-1 Zoning Districts AG Agriculture 16-5-21 C-1 Neighborhood Commercial 16-5-10 C-2 Neighborhood Shopping Center 16-5-11 C -2A Mixed Use Neighborhood 16-5-12 C-3 General Commercial 16-5-13 C-4 Downtown Commercial 16-5-14 C-5 Central Business 16-5-15 CR Commercial Recreation 16-5-17 CS Commercial Service And Wholesale 16-5-16 Generally 16-5-1 Annexation Zoning Policy 16-5-1-5 Application Of Zoning District Regulations 16-5-1-1 Conformance To Code Required 16-5-1-6 Official Zoning Map 16-5-1-3 Zoning District Boundaries 16-5-1-2 Zoning Districts Established 16-5-1-4 HI Heavy Industrial 16-5-19 ID Institutional 16-5-22 LI Light Industrial 16-5-18 MHI Modified Heavy Industrial 16-5-20 OC Office Commercial 16-5-9 OR Office Residential 16-5-7 OS Office Service 16-5-8 POS Public Open Space 16-5-23 PUD Planned Unit Development 16-5-24 R-1 Single -Family Residential 16-5-2 R-2 Two -Family Residential 16-5-3 R -2A Alternate Two -Family Residential 16-5-4 City of Dubuque -u- -w- UNIFIED DEVELOPMENT CODE (cont.) R-3 Moderate Density Multi -Family Residential 16-5-5 R-4 Multi -Family Residential 16-5-6 UTILITIES (See Also PUBLIC UTILITIES) Title 13 V VACANT AND/OR ABANDONED BUILDINGS, LICENSING OF 14-4 VEHICLES (See Also MOTOR VEHICLES AND TRAFFIC) Title 9 VEHICLES FOR HIRE AND PUBLIC TRANSPORTATION Motorized Vehicles For Hire Definitions 4-7B-1 Driver's License Requirements; Fee 4-7B-9 Exemptions 4-7B-2 Manifests 4-7B-5 Open Stands 4-7B-6 Operator's Permit Requirements; Insurance; Fees 4-7B-8 Posting Of Rates 4-7B-4 Taximeter Required 4-7B-3 Vehicles, License And Maintenance 4-7B-7 Nonmotorized Vehicles Business License Requirements; Fees; Insurance 4-7A-4 Definitions 4-7A-1 Driver's License Requirements 4-7A-5 Operation Requirements 4-7A-3 Posting Of Rates 4-7A-2 VICIOUS DOGS (See Also ANIMAL CONTROL) 7-6E W WATER USE AND SERVICE Abandoned Service Pipes 13-1-3 Care Of Water Heaters During Service Shutoffs 13-1-5 City Not Responsible For Breaks In Lines 13-1-2 City's Right To Shut Off Service, Establish Fee 13-1-4 Closing Of Accounts 13-1-8 Connections Alteration To Services 13-1A-8 Application For Service Connection 13-1A-2 Approval Before Backfilling 13-1A-7 Conditions For Service Taps By City 13-1A-4 Connecting City Lines To Private Systems Restricted 13-1A-13 City of Dubuque