Supplement No. 03 - Code of Ordinances - November 20104-//
STERLING CODIFIERS:'
3906 Schreiber Way
Coeur d'Alene, ID 83815
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INSTRUCTION SHEET: DUBUQUE, Iowa
Supplement No. 3/November, 2010
Includes Ordinances: 25-10, 26-10, 31-10 through 37-10,
39-10 through 46-10, 48-10,. 49-10, 50-10 and 54-10
REMOVE PAGE HEADED
ty Code of Dubuque
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VOLUME 1
y Code of Dubuque
Pr face
TITLE 9:
j9 1 321.1, Chapter 1, General Provisions
-1-321.1, and of itself is incapable of
,5-321.229, Chapter 5, Obedience To
and following page
rte;;. -7-321.318, A. Left turn: Hand and arm
nd following three pages
t"---9-7-321.322, Muscatine Street and Putnam
-7-321.322, Jones Street and Main Street
-9-10-321.362, Chapter 10, Miscellaneous
and: following page
,�/9-12-321.440, 5. Tread or sidewall cracks
and following page.
1..-'9-14-321.602, stationary. Those vehicles
,.9-14`321.602, Bell Street; south side
and following page
amity Code of Dubuque
TITLE 13:
X13 -2C-1, Chapter 2, Article C. Rates
and following page
3-6A-4, D. Early Placement: All solid
and following three pages
.9=1-321.1, Chapter 1, General Provisions
and of itself is incapable of
-5-321.229,, Chapter 5, Obedience To
and following page ..
;-9:7-321.318, A. Left turn: Hand and arm
and following three pages
1-'-`1:7-321.322, Muscatine;Streetand Putnam
t;,-9=7-321.322, Jones Street and Main Street
.9-10-321.362, Chapter 10, Miscellaneous
and following page
i9=12 321.440,5. Tread or sidewall cracks
and following two pages
-1`4 321.602, stationary.. Those vehicles
9-14-321.602, Bell Street; south side
and following page
VOLUME II
1 -City Code of Dubuque
TITLE 14:
,i -1A-1, Chapter 1, Article A. Building
and following two pages
".-14-1B-1, Chapter 1, Article B. Residential
and following five pages
./14-1E-1, Chapter 1, Article E. Fire Code
and following eleven pages
1- 2C-1, Chapter 2, Article C. Rates
and following page
-13-6A-4, D. Early Placement: All solid
and following three pages
4-1A-1, Chapter 1, Article A. Building
and following three pages
4-1B-1, Chapter 1, Article B. Residential
and following eight pages
1-4-1E-1, Chapter 1, Article E. Fire Code
and following twenty five pages
REMOVE PAGE :HEADED
TITLE 16:
12-3, Tourist Home: A private home
2-3, Yard, Required:,See definition of
-8B-1, Chapter 8, Article B. C-2
Chapter 8, Article C. C -2A
I6 -8H-1, Chapter 8, Article H. CR
and following page
16-9A-2, Manufacturing, secondary
fr-l'6-9C-2, Manufacturing, primary
INDEX:
Fuel Gas Code
Liquor Control (cont.)
and following page
-151, Peddlers And Transient Merchants (cont.'
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6- -3, Tourist Home: A private home
L.-1 -2-3, Yard, Required:., See definition of
i„..1*6-8B-1, Chapter 8, Article B. C-2
P.. ---1.6-8C-1, Chapter 8, Article C. C -2A
.-1-6-8H-1,Chapter 8, Article H. CR
and following page
L,_ -4~6-9A-2,' Manufacturing, secondary
L,1'6 -9C-2, Manufacturing,; primary
Fuel Gas Code
`L=, Liquor Control (cont.)
and following page
-I T Peddlers And Transient Merchants (cont.)
and following page
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 2010
13-2C-2 13-2C-3
SEWAGE
TREATMENT PLANT:
industries, manufacturing plants or corporations
for the purpose of collecting rates, charges,
fees or rentals.
Any and all units of the municipal sewage
treatment system owned and operated by the
city, including the interceptor sewer system, the
pumping stations delivering sewage to the plant
and the outfall sewer system.
WATER The city water department. (2007 Code § 44-81)
DEPARTMENT:
13-2C-3: RATES ESTABLISHED: Contributors whose property lies
within the corporate limits of the city, except as otherwise
provided in this article, shall pay to the city at the same time payment for
water services is made, a sewer service charge computed on water
consumption on the following rates:
A. Basic Charges: The sewer rates and charges shall be based on the
quantity of water used on or in the property or premises. For all
customers utilizing sewer service, bills will be issued on estimated
consumption. For estimated billings, either on alternate months, or
when a reading on a water meter is not obtainable for any reason,
consumption will be predicated on the monthly average of the past
usage for the metered account. For estimated bills issued for an
account in which historical data is not available, billing will be
predicated on the minimum charge and related consumption
identified in subsection C7 of this section for the size of the water
meter in service for the particular account. (2007 Code § 44-83)
B. Schedule Of Rates:
1. Rate per each one hundred (100) cubic feet shall be two dollars
fifty eight cents ($2.58).
2. Rate per each gallon shall be $0.00345. (Ord. 15-10, 3-9-2010,
eff. 7-1-2010)
C. Service Charge:
1. When a parcel of real estate, property or building discharging
sanitary sewage, industrial wastes, water or other approved waste,
June 2010
City of Dubuque
13-2C-3 13-2C-3
either directly or indirectly into the city's sanitary sewer system, is
not a user of water supplied by the city water division and the water
used thereon or therein is not acceptable to the city, the amount of
water used shall be determined by the city in such a manner as the
city manager may elect to establish the rate of charge as provided in
this article, or the owner or other interested parties at their expense,
may install and maintain a meter acceptable to the city for said
purposes.
2. When a parcel of real estate, property or building discharging
sanitary sewerage, industrial wastes, water or other approved waste,
either directly or indirectly into the city's sanitary sewer system, is a
user of water supplied by the city water division and in addition uses
water from another source which is not measured by a water meter
or is measured by a water meter not acceptable to the city, the
amount of water used shall be determined by the city in such a
manner as the city manager may elect in order to establish the rate
of charge as provided in this article, or the owner or other interested
parties at their expense may install and maintain a meter acceptable
to the city for said purposes.
3. When a parcel of real estate, property or building discharging
sanitary sewage, industrial wastes, water or other approved waste,
either directly or indirectly into the city's sanitary sewer system, is
not a user of water supplied by the city water division, the amount of
sanitary sewage, industrial wastes, water or other approved waste
discharged into the sanitary sewer system shall be determined by
the city in such a manner as the city manager may elect in order to
establish the rate of charge as provided in this article, or the owner
or other interested parties at their expense, may install and maintain
a sewage meter acceptable to the city for said purposes.
4. The city council may, in its discretion, when applicable, permit
connection to the city sanitary sewer system of properties located
outside the corporate limits upon such terms and conditions as it
may establish; provided, however, that such terms shall not be more
favorable to such property than rates herein established for city
users.
5. In order that the rates and charges may be modestly and
equitably adjusted to the service rendered, the city shall have the
right to base its charges not only on volume, but also on the strength
and content of the sewage and wastes of the user. The city shall
have the right to measure and determine the strength and content of
all sewage and wastes discharged either directly or indirectly into the
June 2010
City of Dubuque
13-2C-3 13-2C-4
city's sanitary sewer system, in such manner and by such methods
as it may deem practicable in the 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
service is charged, the minimum sewer service charge, according to
the size of the meter, shall be as follows:
Meter Size
(Inches)
Minimum
Charge
Allowance
(Cubic Feet)
Allowance
(Gallons)
5/8
$ 5.18
200
1,496
3/4
12.91
500
3,740
1 or larger
20.67
800
5,984
(Ord. 15-10, 3-9-2010, eff. 7-1-2010)
13-2C-4: AREAS NOT SERVED BY PUBLIC SYSTEM: The rates,
service charges, rentals or fees as provided in this article
shall become effective at the time sewage from the contributors is first
directed to the sanitary sewer system. At the time sanitary sewers are
constructed in areas not now served by a sanitary sewer system,
contributors shall be granted a reasonable time to make connection to the
sewer. The effective date of the sewage service charge and the reasonable
time to connect to the sanitary sewer system will be determined by the city
manager. (2007 Code § 44-84)
June 2010
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
COLLECTING 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 ten dollars sixty
cents ($10.60) 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
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
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
appropriate. 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 ten dollars sixty cents ($10.60) per month shall be paid to
the city by the property owner of each class II premises for such
services. Said fee shall be in payment for collection and disposal of
one 35 -gallon can or one 35 -gallon trash bag of "solid waste" as
defined. There is no limit on the number of bins allowed to be
collected containing acceptable "recyclable materials" as defined.
2. The owner of a class II premises served by the city solid waste
collection may provide the city manager with not less than fourteen
(14) days' written notice of intent to terminate the service. Such
termination of service shall be effective at the beginning of the next
billing period after such fourteen (14) day notice period.
C. Class III Premises:
1. A fee of ten dollars sixty cents ($10.60) per month shall be paid to
the city by the property owner of each class III premises for such
services. Said fee shall be in payment for collection and disposal of
one 35 -gallon can or one 35 -gallon trash bag of "solid waste" as
defined. There is no limit on the number of bins allowed to be
collected containing acceptable "recyclable materials" as defined.
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: (Ord. 15-09,
3-9-2009, eff. 7-1-2009)
1. A yearly subscription for weekly collection of an additional
standard solid waste container, or containers, may be subscribed for
an additional five dollars ($5.00) 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 ($5.00) 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.
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 ($2.00) per month. Such containers shall be holders for
standard trash bags for manual removal by city crews, shall not
contain any loose material, and shall not be lifted and dumped by
crews. Individual trash bags held in the oversized container shall
weigh no more than forty (40) pounds.
4. A yearly subscription for weekly collection of an additional
oversized solid waste container, or containers, may be subscribed
for an additional seven dollars ($7.00) 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 seven dollars ($7.00) 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.
City of Dubuque
13-6A-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 I, II
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 eighteen
dollars fifty cents ($18.50) each per month. The fee for a ninety five
(95) gallon city cart shall be twenty seven dollars ($27.00) each per
month.
7. Official city of Dubuque single use stickers costing one dollar
twenty cents ($1.20) 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 III premises sharing a
common set out location with other city solid waste customers shall
only use approved rigid solid waste containers with permanent
identification as to the specific premises. However, for the two (2)
weeks following Christmas, excess solid waste may be set out in
trash bags with applied city of Dubuque single use stickers. (Ord.
21-06, 3-2-2006, eff. 7-1-2006)
9. In alleys where solid waste carts, owned by the city for
semiautomated lifting, are required to be subscribed by owners,
tenants and/or property managers of class I, 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. (Ord. 15-09, 3-9-2009, eff.
7-1-2009)
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 seven dollars ($7.00) 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 seven dollars ($7.00) shall be paid for each
additional three (3) cubic yards of solid waste.
City of Dubuque
13-6A-6 13-6A-7
3. An additional fee for tires, equal to the disposal fees charged at
the Dubuque metro landfill, shall be paid to the city by the owner for
each tire.
4. An additional fee of 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. 21-06, 3-2-2006, eff. 7-1-2006)
13-6A-7: CHARGES; BILLING AND COLLECTION:
A. City Billing: The city manager is authorized to bill tenants upon the
written request of the property owner and according to a procedure
to be established by the city manager. The property owner in such
cases shall provide any information on each tenant's mailing address
to aid in the collection of fees for city services. In all cases, the
property owner shall remain liable for the payment of all charges
required by this chapter.
B. Monthly Billing: All accounts shall be billed monthly. The payment of
bills is subject to the terms of section 13-1C-4 of this title.
C. Unpaid Billing For Class I Premises: The collection of solid waste
provided class I premises and the maintenance of the availability of
such service, whether or not such service is used regularly or not at
all by the owner of such class I premises, is hereby declared a
benefit to said premises at least equal to the monthly charges
specified, and in case of failure to pay the monthly charge when
billed as heretofore provided, then the monthly charge shall become
a lien against the property benefited or served and shall be collected
in the same manner as general property taxes.
D. Certify Delinquent Accounts To County Treasurer: It shall be the duty
of the city manager to certify the actual rates and fees to the city
City of Dubuque
13-6A-7 13-6A-8
clerk who, in turn, shall certify such costs plus the costs of
administration to the county treasurer and all such costs shall then
constitute a lien against said property and be collected with and in
the same manner as general property taxes on said property. (Ord.
29-08, 5-5-2008)
13-6A-8: YARD WASTE AND FOOD SCRAPS:
A. Separation Of Yard Waste: Yard waste shall be separated by the
owner of a premises from all other solid waste.
B. Composting: An owner may compost such person's own yard waste
and food scraps on such person's own premises, provided the same
is stored in such a manner as to not create a fire, health or safety
hazard. (Ord. 22-06, 3-2-2006, eff. 4-3-2006)
C. Collection Schedule For Yard Waste: Yard waste that has not been
composted shall be collected by the city not more than once each
week according to the collection schedule established by the city
manager.
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 twenty cents ($1.20) 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
twenty eight dollars ($28.00) 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 twenty cents
($1.20) each.
City of Dubuque
13-6A-8 13-6A-9
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 one time nonrefundable start up fee of
twenty dollars ($20.00).
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
City of Dubuque
13-6A-9 13-6A-9
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)
City of Dubuque
CITY CODE
of
DUBUQUE
IOWA
STERLING CODIFIERS
7600 Mineral Drive
Coeur d'Alene, Idaho 83815
(208) 762-3449 • fax (208) 762-9140
(7
PREFACE
This city code of the city of Dubuque, as supple-
mented, contains ordinances up to and including
ordinance 24-10, passed April 19, 2010. Ordi-
nances of the city adopted after said ordinance
supersede the provisions of this city code to the
extent that they are in conflict or inconsistent
therewith. Consult the city office in order to
ascertain whether any particular provision of the
code has been amended, superseded or repealed.
Sterling Codifiers
Coeur d'Alene, Idaho
June 2010
City of Dubuque
9-1-321.1 9-1-321.1
CHAPTER 1
GENERAL PROVISIONS
SECTION:
9-1-321.1: Definitions
9-1-321.2: Applicability Of Title
9-1-321.3 — 9-1-321.16: Reserved
9-1-321.1: DEFINITIONS: The following words and phrases, when used
in this title shall, for the purpose of this title, have the
meanings respectively ascribed to them in this section:
ALL -TERRAIN A motor vehicle designed to travel on two (2) or
VEHICLE: more wheels and designed primarily for off road
use, but not including farm tractors, construction
equipment, forestry vehicles, or lawn and
grounds maintenance vehicles when used for
farming, construction, commercial deliveries,
forestry, lawn and grounds maintenance, or
towing for utility as opposed to recreational
uses.
ALLEY: A thoroughfare laid out, established, and platted
as such by constituted authority.
AUTHORIZED
EMERGENCY
VEHICLE:
BICYCLE:
Vehicles of the fire department, police vehicles,
ambulances, and emergency vehicles owned by
the United States, this state, or any subdivision
of this state or any municipality of the state, and
such privately owned ambulances, fire, rescue,
or disaster vehicles as are designated or
authorized by the director.
A. A device having two (2) or more wheels and
having at least one saddle or seat for the use of
a rider which is propelled by human power; or
City of Dubuque
June 2010
9-1-321.1 9-1-321.1
B. A device having two (2) or three (3) wheels
with fully operable pedals and an electric motor
of Tess than seven hundred fifty (750) watts
(1 horsepower), with a maximum speed on a
paved level surface, when powered solely by
such a motor while ridden, is less than twenty
(20) miles per hour.
BUSINESS DISTRICT: The territory contiguous to and including a
highway when fifty percent (50%) or more of the
frontage thereon for a distance of three hundred
feet (300') or more is occupied by buildings in
use for business.
CHAUFFEUR:
June 2010
Any person who operates a motor vehicle,
including a school bus, in the transportation of
persons for wages, compensation, or hire, or a
person who operates a truck tractor, road
tractor, or any motor truck which is required to
be registered at a gross weight classification
exceeding five (5) tons, or any such motor
vehicle exempt from registration which would be
within the gross weight classification if not so
exempt. A person is not a chauffeur when the
operation of the motor vehicle, other than a
truck tractor, by the owner or operator is
occasional and merely incidental to the owner's
or operator's principal business. A person is not
a chauffeur when the operation is by a volunteer
firefighter operating fire apparatus, or is by a
volunteer ambulance or rescue squad attendant
operating ambulance or rescue squad
apparatus. If a volunteer firefighter, ambulance,
or rescue squad operator receives nominal
compensation not based upon the value of the
services performed, the firefighter or operator
shall be considered to be receiving no compen-
sation and classified as a volunteer. A farmer or
the farmer's hired help is not a chauffeur when
operating a truck, other than a truck tractor,
owned by the farmer and used exclusively in
connection with the transportation of the
farmer's own products or property.
City of Dubuque
9-1-321.1 9-1-321.2
and of itself is incapable of commercially trans-
porting any person or property but is used
primarily to support another vehicle. (Ord.
43-08, 6-16-2008; amd. Ord. 44-08, 6-16-2008;
Ord. 39-09, 8-3-2009; Ord. 53-09, 11-2-2009)
9-1-321.2: APPLICABILITY OF TITLE:
A. The provisions of this title applicable to the drivers of vehicles upon
the streets shall apply to the drivers of all vehicles owned or
operated by the United States, this state, or any county, city, town,
district, or any other political subdivision of the state, subject to
specific exceptions as are set forth in the laws of Iowa and the
ordinances of the city with reference to authorized emergency
vehicles.
B. This title, except section 9-7-321.277, does not apply to persons and
motor vehicles and other equipment while actually engaged in work
upon the surface of a highway officially closed to traffic but does
apply to such persons and vehicles when traveling to or from such
work. The provisions of section 9-7-321.294 and subsection
9-7-321.297B of this title do not apply to road workers operating
maintenance equipment owned by or under lease to any state or
local authority while engaged in road maintenance, road blading,
snow and ice control and removal, and granular resurfacing work on
a highway, whether or not the highway is closed to traffic. A
chauffeur's license shall not be required for a person to operate road
construction and maintenance equipment while engaged in road
construction and maintenance work, including the movement of the
road construction and maintenance equipment to and from the work
site under its own power.
C. Every person riding a bicycle or animal, or driving any animal
drawing a vehicle upon a street, shall be subject to the provisions of
this title applicable to the driver of a vehicle except those provisions
which by their nature can have no application.
D. The provisions of this title relating to the operation of vehicles refers
exclusively to the operation of vehicles upon streets and highways
except:
1. Where a different place is specifically referred to in a given
section.
June 2010
City of Dubuque
9-1-321.2 9-1-321.16
2. The provisions of chapter 3 and section 9-7-321.277 of this title
shall apply upon the streets and highways and elsewhere throughout
the city. (Ord. 44-08, 6-16-2008)
9-1-321.3 — 9-1-321.16: RESERVED: (Ord. 44-08, 6-16-2008)
June 2010
City of Dubuque
9-5-321.229 9-5-321.231
CHAPTER 5
OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS
SECTION:
9-5-321.229: Obedience To Peace Officers Required
9-5-321.230: Reserved
9-5-321.231: Privileges Of Authorized Emergency Vehicles
9-5-321.232 — 9-5-321.234: Reserved
9-5-321.234A: All -Terrain Vehicles
9-5-321.235 — 9-5-321.236: Reserved
9-5-321.229: OBEDIENCE TO PEACE OFFICERS REQUIRED: No person
shall wilfully fail or refuse to comply with any lawful order or
direction of any peace officer invested by law with authority to direct,
control, or regulate traffic. (Ord. 44-08, 6-16-2008)
9-5-321.230: RESERVED: (Ord. 44-08, 6-16-2008)
9-5-321.231: PRIVILEGES OF AUTHORIZED EMERGENCY VEHICLES:
A. The driver of an authorized emergency vehicle when responding to
an emergency call, when in pursuit of an actual or suspected
perpetrator of a felony, in response to an incident dangerous to the
public, or when responding to but not upon returning from a fire
alarm may exercise the privileges set forth in this section.
B. The driver of any authorized emergency vehicle may:
1. Park or stand an authorized emergency vehicle irrespective of the
provisions of this title.
2. Disregard laws or regulations governing direction of movement for
the minimum distances necessary before an alternative route that
conforms to the traffic laws and regulations is available.
October 2009
City of Dubuque
9-5-321.231 9-5-321.234A
C. The driver of a fire department vehicle, police vehicle, or ambulance
may:
1. Proceed past a red stop signal or stop sign but only after slowing
down as may be necessary for safe operations.
2. Exceed the maximum speed limits so long as the driver does not
endanger life or property.
D. The exemptions granted to an authorized emergency vehicle under
subsection B of this section and for fire department vehicle, police
vehicle, or ambulance as provided in subsection C of this section
shall apply only when such vehicle is making use of an audible
signaling device or a visual signaling device except that use of an
audible or visual signaling device shall not be required when
exercising the exemptions granted under subsection C2 of this
section when the vehicle is operated by a peace officer pursuing a
suspected violator of the speed restrictions imposed by or pursuant
to this code for the purpose of determining the speed of travel of
such suspected violator.
E. The foregoing provisions shall not relieve the driver of an authorized
emergency vehicle from the duty to drive with due regard for the
safety of all persons, nor shall such provisions protect the driver
from the consequences of the driver's reckless disregard for the
safety of others. (Ord. 44-08, 6-16-2008)
9-5-321.232 — 9-5-321.234: RESERVED: (Ord. 44-08, 6-16-2008)
9-5-321.234A: ALL -TERRAIN VEHICLES:
A. Roadway Use:
1. All -terrain vehicles shall not be operated on a roadway unless one
or more of the following conditions apply:
a. The all -terrain vehicle is operated between sunrise and sunset
and is incidental to the vehicle's use for agricultural purposes.
b. The all -terrain vehicle's operation is incidental to the vehicle's
use for the purpose of surveying by a licensed engineer or land
surveyor.
October 2009
City of Dubuque
9-5-321.234A 9-5-321.234A
c. The all -terrain vehicle is operated by an employee or agent of
a political subdivision or public utility for the purpose of construction
or maintenance on or adjacent to the highway.
2. A person operating an all -terrain vehicle on a roadway shall have
a valid operator's license.
3. The all -terrain vehicle shall be operated at speeds of thirty (30)
miles per hour or less.
4. When operated on a roadway, an all -terrain vehicle shall have a
bicycle safety flag which extends not less than five feet (5') above
the ground attached to the rear of the vehicle. The bicycle safety flag
shall be triangular in shape with an area of not Tess than thirty (30)
square inches, be day glow in color, and shall be in lieu of the
reflective equipment required by section 32-321.383 of the code of
Iowa.
B. Private Property:
1. All -terrain vehicles shall not be operated on private or public
property unless the following conditions apply:
a. The operation is between sunrise and sunset.
b. The property is not less than one acre in size.
c. The property is zoned agricultural (AG) or is zoned planned
urban development (PUD) and used for agricultural purposes.
d. If the operator of the all -terrain vehicle is not the property
owner, the operator must have the written permission of the property
owner.
e. The all -terrain vehicle shall be operated at speeds of thirty
(30) miles per hour or less.
2. The provisions of subsection B1 of this section shall not apply to
zoned institutional districts (ID).
C. Right Of Way: AII-terrain vehicles shall not be operated on land
adjacent to a highway, other than an interstate road, unless the
following provisions apply:
October 2009
City of Dubuque
9-5-321.234A 9-5-321.236
1. The operator of the all -terrain vehicle is the property owner or a
member of the owner's family.
2. The all -terrain vehicle is operated on the portion of the highway
right of way that is between the shoulder of the roadway, or at least
five feet (5') from the edge of the roadway and the owner's property
line.
3. A person operating an all -terrain vehicle within the highway right
of way under this subsection shall comply with the registration,
safety, and age requirements under Iowa Code, chapter 3211.
D. Disabled Persons: The provisions of this section shall not apply to
use of a wheelchair or other similar conveyance when used for
transportation by any temporarily or permanently disabled person.
E. Parades, Exhibitions: The provisions of this section shall not apply to
the above proscribed conveyances when used in any parade,
exhibition, or gathering of persons which has been authorized by
permit from the city manager.
F. Emergency Services: The provisions of this section shall not apply to
all -terrain vehicles operated by an employee or agent of a public
agency for the purpose of providing emergency services or rescue.
G. Violation: A person convicted of a violation of this section is guilty of
a simple misdemeanor punishable as a scheduled violation under
Iowa Code section 805.8A. (Ord. 39-09, 8-3-2009)
9-5-321.235 — 9-5-321.236: RESERVED: (Ord. 44-08, 6-16-2008)
October 2009
City of Dubuque
9-7-321.318 9-7-321.321
A. Left turn: Hand and arm extended horizontally.
B. Right turn: Hand and arm extended upward.
C. Stop or decrease of speed: Hand and arm extended downward. (Ord.
44-08, 6-16-2008)
DIVISION 8. RIGHT OF WAY
9-7-321.319: ENTERING INTERSECTIONS FROM DIFFERENT HIGH-
WAYS:
A. When two (2) vehicles enter an intersection from different highways
or public streets at approximately the same time, the driver of the
vehicle on the left shall yield the right of way to the vehicle on the
right.
B. The foregoing rule is modified at through highways and otherwise as
provided in this title and chapter 321 of the Iowa Code. (Ord. 44-08,
6-16-2008)
9-7-321.320: LEFT TURNS AT INTERSECTIONS: The driver of a vehicle
intending to turn to the left within an intersection or into an
alley, private road, or driveway shall yield the right of way to all vehicles
approaching from the opposite direction which are within the intersection or
so close thereto as to constitute an immediate hazard. Then said driver,
having so yielded and having given a signal when and as required by this
title, may make such left turn. (Ord. 44-08, 6-16-2008)
9-7-321.321: ENTERING THROUGH STREETS:
A. Except where yield signs or official traffic control signals are erected,
the driver of a vehicle shall stop or yield as required by this title at
the entrance to a through street and shall yield the right of way to
other vehicles which have entered the intersection from such through
street or which are approaching so closely on such through street as
to constitute a hazard, but such driver having so yielded may
proceed cautiously and with due care enter such through street.
City of Dubuque
9-7-321.321 9-7-321.321
B. The following streets are designated as through streets:
Algona Street, from the south right of way line of University Avenue
to the north right of way line of St. Joseph Street.
Algona Street, North, from the north right of way line of Loras
Boulevard to the south right of way line of North Grandview Avenue.
Alta Vista Street, from the north right of way line of West 5th Street
to the south right of way line of University Avenue, and from the
north right of way line of University Avenue to the south right of way
line of Loras Boulevard, and from the north right of way line of Loras
Boulevard to its northerly terminus.
Asbury Road, from the north right of way line of University Avenue to
the east right of way line of the Northwest Arterial, and from the west
right of way line of the Northwest Arterial, to its westerly terminus at
the city limits.
Atlantic Street, from the north right of way line of Loras Boulevard to
the south right of way line of North Grandview Avenue.
Auburn Street, from the north right of way line of Loras Boulevard to
the south right of way line of North Grandview Avenue.
Avalon Road, from the north right of way line of Pennsylvania
Avenue to the south right of way line of Hillcrest Road, and from the
north right of way line of Hillcrest Road to the south right of way line
of Asbury Road.
Bluff Street, from West Locust Street to the north right of way line of
Dodge Street.
Bryant Street, from the north right of way line of Grandview Avenue
to the south right of way line of Dodge Street.
Burden Avenue, from the west right of way line of Windsor Avenue to
its northerly terminus.
Carter Road, from the east right of way line of John F. Kennedy
Road to the south right of way line of Hillcrest Road, and from the
north right of way line of Hillcrest Road to the south right of way line
of Kaufmann Avenue and from the north right of way line of
Kaufmann Avenue to the south right of way line of West 32nd Street.
City of Dubuque
9-7-321.321 9-7-321.321
Central Avenue, from its southerly terminus to its northerly terminus
at the city limits.
Chaney Road, from the north right of way line of Pennsylvania
Avenue to the south right of way line of Hillcrest Road, and from the
north right of way line of Hillcrest Road to the south right of way line
of Kaufmann Avenue, and from the north right of way line of
Kaufmann Avenue to the south right of way line of Kane Street.
Clark Drive, from the west right of way line of Madison Street to
West Locust Street, and from West Locust Street to the east right of
way line of North Grandview Avenue, and from the west right of way
line of North Grandview Avenue to the east right of way line of
Asbury Road.
Delhi Street, from the south right of way line of University Avenue to
the east right of way line of North Grandview Avenue, and from the
west right of way line of North Grandview Avenue to the south right
of way line of University Avenue.
Devon Drive, from the north right of way line of Dodge Street to its
junction with Mineral Street.
Dodge Street, from the west right of way line of Locust Street to its
westerly terminus at the city limits.
Elm Street, from the north right of way line of East 11th Street to the
south right of way line of East 21st Street.
Embassy West Drive, from the north right of way line of
Pennsylvania Avenue to its northerly terminus.
Fremont Avenue, from the south right of way line of Dodge Street to
the north right of way line of Simpson Street, and from the south
right of way line of Simpson Street to the south right of way line of
North Cascade Road.
Garfield Avenue, from the east right of way line of Elm Street to the
south right of way line of Fengler Street, and from the north right of
way line of Fengler Street to the north right of way line of Shiras
Avenue.
Grandview Avenue, North and South, from the southeasterly
terminus of South Grandview Avenue to the south right of way line of
Delhi Street, and from the north right of way line of Delhi Street to
City of Dubuque
9-7-321.321 9-7-321.321
the south right of way line of University Avenue, and from the north
right of way line of University Avenue to the south right of way line of
Clarke Drive, and from the north right of way line of Clarke Drive to
the south right of way line of Kaufmann Avenue, and from the north
right of way line of Kaufmann Avenue to the south right of way line of
Kane Street, and from the north right of way line of Kane Street to
the south right of way line of West 32nd Street.
Hill Street, from the south right of way line of 9th Street to the north
right of way line of Dodge Street.
Hillcrest Road, from the south right of way line of Asbury Road to the
east right of way line of Carter Road, and from the west right of way
line of Carter Road to the east right of way line of John F. Kennedy
Road, and from the west right of way line of John F. Kennedy Road
to the east right of way line of Key Way Drive, and from the west
right of way line of Key Way Drive to its westerly terminus.
IA 946, from its southerly junction with U.S. 52/61/151 to its northerly
junction with U.S. 52/61/151.
Iowa Street, from the north right of way line of East 4th Street to the
south right of way line of West 17th Street.
Iowa Street, from the north right of way line of West 4th Street to the
south right of way line of West 15th Street.
Jackson Street, from the north right of way line of East 12th Street to
the south right of way line of East 24th Street, and from the north
right of way line of East 24th Street to the south right of way line of
West 32nd Street.
John F. Kennedy Road, from its easterly terminus to its northerly
terminus at the city limits.
Kane Street, from the north right of way line of Kaufmann Avenue to
the east right of way line of Carter Road.
Kaufmann Avenue, from the west right of way line of Central Avenue
to the east right of way line of Carter Road, and from the west right
of way line of Carter Road to the east right of way line of Crissy
Drive, and from the west right of way line of Crissy Drive to the east
right of way line of John F. Kennedy Road, and from the west right of
way line of John F. Kennedy Road to the east right of way line of
Bonson Road.
City of Dubuque
9-7-321.321 9-7-321.321
Kelly Lane, from the east right of way line of Manson Road to the
east right of way line of Fremont Avenue.
Kerper Boulevard, from East 9th Street to the south right of way line
of Hawthorne Street.
Lincoln Avenue, from the north right of way line of Windsor Avenue
to the south right of way line of Fengler Street, and from the north
right of way line of Fengler Street to the south right of way line of
Roosevelt Street.
Locust Street, from its junction with IA 946 to the north right of way
line of West 17th Street.
Locust Street, West, from the north right of way line of West 17th
Street to the east right of way line of Clarke Drive.
Loras Boulevard, from the west right of way line of Central Avenue to
the north right of way line of University Avenue.
Main Street, from the north right of way line of West 5th Street to the
north right of way line of West 17th Street and from the south right of
way line of West 5th Street to its southerly terminus.
Mineral Street, from its junction with Devon Drive to its junction with
O'Hagen Street.
Mt. Loretta Avenue, from the east right of way line of Bryant Street to
its easterly terminus.
O'Hagen Street, from its junction with Mineral Street to the south
right of way line of University Avenue.
Old Mill Road, from the west right of way line of Rockdale Road to
the east right of way line of Manson Road.
Pennsylvania Avenue, from the north right of way line of University
Avenue to its westerly terminus at the city limits.
Peru Road, from its junction with East 32nd Street to its northerly
terminus at the city limits.
Primrose Street, from the north right of way line of Kane Street to the
south right of way line of Davenport Street.
City of Dubuque
9-7-321.321 9-7-321.321
Queen Street, from the north right of way line of East 24th Street to
its northerly terminus at Burden Avenue.
Radford Road, from the north right of way line of Chavenelle Road to
the south right of way line of Pennsylvania Avenue, and from the
north right of way line of Pennsylvania Avenue to its northerly
terminus at the city limits.
Rhomberg Avenue, from the east right of way line of Elm Street to its
northerly terminus.
Rockdale Road, from the west right of way line of the U.S. 61 west
ramp to the north right of way line of Maquoketa Drive.
Rosemont Street, from the north right of way line of Pennsylvania
Avenue to the south right of way line of Hillcrest Road.
Seippel Road, from the north right of way line of U.S. Highway 20 to
the south right of way line of Old Highway Road and from the north
right of way line of Old Highway Road to the northerly city limits.
Shiras Avenue, from the north right of way line of Rhomberg Avenue
to Eagle Point Park Drive.
University Avenue, from its junction with 9th Street to the east right
of way line of North Grandview Avenue, and from the west right of
way line of North Grandview Avenue to the east right of way line of
Asbury Road, and from the west right of way line of Asbury Road to
its northerly terminus at John F. Kennedy Road.
Van Buren Street, from the north right of way line of University
Avenue to the south right of way line of Pennsylvania Avenue.
White Street, from the south right of way line of East 4th Street to
the north right of way line of East 21st Street.
Windsor Avenue, from the north right of way line of Rhomberg
Avenue to the south right of way line of Davis Street.
3rd Street, from the west right of way line of Bluff Street to the east
right of way line of Hill Street and from the west right of way line of
Hill Street to the east right of way line of North Grandview Avenue.
4th Street, from the east right of way line of Bluff Street to the west
right of way line of Central Avenue.
City of Dubuque
9-7-321.321 9-7-321.322
5th Street, West, from the west right of way line of Hill Street to the
east right of way line of Delhi Street, and from the east right of way
line of Bluff Street to the west right of way line of Central Avenue.
9th Street, from Kerper Boulevard to University Avenue.
11th Street, East, from the east right of way line of Central Avenue
to the west right of way line of Kerper Boulevard.
12th Street, West, from the west right of way line of Central Avenue
to the east right of way line of Bluff Street.
14th Street, East, from the west right of way line of Elm Street to the
east right of way line of Central Avenue.
16th Street, East, from Elm Street to its easterly terminus at the city
limits.
20th Street, East, from the east right of way line of Central Avenue
to the east right of way line of Elm Street.
22nd Street, East, from the east right of way line of Central Avenue
to the west right of way line of Windsor Avenue.
32nd Street, West, from its junction with Peru Road to the east right
of way line of John F. Kennedy Road. (Ord. 44-08, 6-16-2008; amd.
Ord. 77-08, 11-17-2008)
9-7-321.322: STOP AND YIELD INTERSECTIONS:
A. Stop Intersections:
1. The driver of a vehicle approaching a stop intersection indicated
by a stop sign shall stop at the first opportunity at either the clearly
marked stop line, before entering the crosswalk, before entering the
intersection, or at the point nearest the intersecting roadway where
the driver has a view of approaching traffic on the intersecting
roadway before entering the intersection. Before proceeding, the
driver shall yield the right of way to any vehicle on the intersecting
roadway which has entered the intersection or which is approaching
so closely as to constitute an immediate hazard during the time the
driver is moving across or within the intersection.
City of Dubuque
9-7-321.322 9-7-321.322
2. Those intersections designated are hereby declared to be "stop
intersections" for all purposes of this section. Vehicles bound in the
direction indicated must stop before entering the designated
intersection.
Northbound:
Adams Street and 5th Street.
Admiral Sheehy Drive and U.S. Highway 61/151.
Embassy West Drive and Camelot Drive, north intersection.
English Mill Road and Crescent Ridge.
Fremont Avenue and Wartburg Place.
Grandview Avenue, North, and Clarke Drive.
Grove Terrace and West 12th Street.
Highland Place and Arlington Street.
Hummingbird Drive and Camelot Drive.
Iowa Street and West 17th Street.
Kerrigan Road, east ramp and Grandview Avenue.
Key West Drive and Maquoketa Drive.
Mt. Carmel Drive and Valley Street extension.
Prince Street and 24th Street.
Rockdale Road and Grandview Avenue.
Saunders Street and Lemon Street.
Seippel Road and Old Highway Road.
Wartburg Place and Fremont Avenue.
Woodland Drive and Key Way Drive.
City of Dubuque
9-7-321.322 9-7-321.322
Muscatine Street and Putnam Street.
Pasadena Drive and Foothill Court.
Queen Street and 24th Street.
Radford Road and Middle Road.
Roosevelt Street and Lincoln Avenue.
Rosedale Street and Avoca Street.
Sunnyslope Drive and Camelot Drive.
Valley Street and Southern Avenue.
Westway Street and Key Way Drive.
Windsor Avenue and Davis Street.
17th Street, East, and Washington Street.
21st Street, East, and Elm Street.
21st Street, East, and Washington Street.
24th Street, East, and Jackson Street.
24th Street, East, and Washington Street.
24th Street, East, and White Street.
25th Street, East, and White Street.
26th Street, East, and White Street.
27th Street, East, and White Street.
28th Street, East, and White Street.
29th Street, East, and Pinard Street.
29th Street, East, and White Street.
30th Street, East, and White Street.
City of Dubuque
9-7-321.322 9-7-321.322
Eastbound:
Argyle Street and Sheridan Road.
Concord Court and Marion Street.
Crescent Ridge and Cedar Cross Road.
Edith Street and Sheridan Road.
Forest Lane and Nevada Street.
Fremont Avenue and Wartburg Place.
Frontage Road, south of Highway 20 and Brunskill Road.
Futuro Court and Chavenelle Road.
Groveland Street and Sheridan Road.
Hawthorne Street and Harbor Street.
Henion Street and Helena Street.
Hogrefe Street and Sheridan Road.
Ice Harbor Drive and 5th Street.
James Street and Langworthy Avenue.
John F. Kennedy Road and University Avenue.
Kennedy Court and Peru Road.
Key Way Drive and Westway Street.
Louise Street and Peru Road.
Miller Road and Manson Road.
O'Neill Street and Sheridan Road.
Simpson Street and Fremont Avenue.
Starlight Drive and Cedar Cross Road.
City of Dubuque
9-7-321.322 9-7-321.322
Jones Street and Main Street.
June Drive and Valentine Drive.
Key Way Drive and Keymont Drive.
Key Way Drive and Keystone Drive.
Langworthy Avenue and Alpine Street.
Langworthy Avenue and Booth Street.
Langworthy Avenue and Nevada Street.
Lincoln Avenue and Fengler Street.
Lincoln Avenue and Kniest Street.
Lowell Street and Foye Street.
Madison Street and Clarke Drive.
Maryville Drive and Scenic View Drive.
Marywood Drive, south intersection and Crissy Drive.
Merz Street at Althauser Street.
North Cascade Road and Cedar Cross Road.
Oakcrest Drive and Maplewood Court.
Patricia Ann Drive and Geraldine Drive.
Pearl Street and Finley Street.
Pearl Street and Gilliam Street.
Randall Street and Bradley Street.
St. Ambrose Street and Rosedale Street.
Sheridan Street and Goethe Street.
Solon Street and Alpine Street.
City of Dubuque
9-7-321.322 9-7-321.322
Solon Street and Nevada Street.
Sycamore Street and East 15th Street.
Theda Drive and Crissy Drive.
Vernon Street and Glen Oak Street.
Washington Street and East 16th Street.
Washington Street and East 18th Street.
Washington Street and East 19th Street.
Washington Street and East 25th Street.
Washington Street and East 28th Street.
Washington Street and East 29th Street.
Woodland Drive and Key Way Drive.
5th Street and Bell Street.
12th Street, East, and Elm Street.
12th Street, West, and Bluff Street.
B. Yield Intersections:
1. The driver of a vehicle approaching a yield sign shall slow to a
speed reasonable for the existing conditions and, if required for
safety, shall stop at the first opportunity at either the clearly marked
stop line, before entering the crosswalk, before entering the
intersection, or at the point nearest the intersecting roadway where
the driver has a view of approaching traffic on the intersecting
roadway. After slowing or stopping, the driver shall yield the right of
way to any vehicle on the intersecting roadway which has entered
the intersection or which is approaching so closely as to constitute
an immediate hazard during the time the driver is moving across or
within the intersection.
2. Those intersections designated are hereby declared to be "yield
intersections" for all purposes of this subsection. Vehicles bound in
City of Dubuque
9-10-321.362 9-10-321.363
CHAPTER 10
MISCELLANEOUS RULES
SECTION:
9-10-321.362: Responsibility When Leaving Motor Vehicle Unattended
9-10-321.363: Obstruction To Driver's View
9-10-321.363A: Duty Of Driver Approaching Crest Of Hills, Blind Curves
9-10-321.364: Reserved
9-10-321.365: Coasting
9-10-321.366: Reserved
9-10-321.367: Following Fire Apparatus
9-10-321.368: Crossing Fire Hose
9-10-321.369 — 9-10-321.370: Reserved
9-10-321.371: Cleaning Up Wrecks
9-10-321.372 — 9-10-321.399: Reserved
9-10-321.400: Use Of Electronic Communications Devices Prohibited
While Driving Motor Vehicle
9-10-321.362: RESPONSIBILITY WHEN LEAVING MOTOR VEHICLE
UNATTENDED: No person driving or in charge of a motor
vehicle shall permit it to stand unattended without first stopping the engine
or when standing upon any perceptible grade without effectively setting the
brake thereon and turning the front wheels to the curb or side of the
highway. (Ord. 44-08, 6-16-2008)
9-10-321.363: OBSTRUCTION TO DRIVER'S VIEW:
A. No person shall drive a vehicle when it is so loaded or when there
are in the front seat such number of persons exceeding three (3) as
to obstruct the view of the driver to the front or sides of the vehicle
or as to interfere with the driver's control over the driving mechanism
of the vehicle.
B. No passenger in a vehicle shall ride in such position as to interfere
with the driver's view ahead or to the sides or to interfere with the
June 2010
City of Dubuque
9-10-321.363 9-10-321.368
driver's control over the driving mechanism of the vehicle. (Ord.
44-08, 6-16-2008)
9-10-321.363A: DUTY OF DRIVER APPROACHING CREST OF HILLS,
BLIND CURVES: The driver of a motor vehicle traveling
through defiles or on approaching the crest of a hill or grade shall have
such motor vehicle under control and on the right hand side of the roadway
and upon approaching any curve where the view is obstructed within a
distance of two hundred feet (200') along the highway shall give audible
warning with the horn of such motor vehicle. (Ord. 44-08, 6-16-2008)
9-10-321.364: RESERVED: (Ord. 44-08, 6-16-2008)
9-10-321.365: COASTING:
A. The driver of any motor vehicle when traveling upon a downgrade
shall not coast with the gears of such vehicle in neutral.
B. The driver of any commercial motor vehicle when traveling upon a
downgrade shall not coast with the clutch disengaged. (Ord. 44-08,
6-16-2008)
9-10-321.366: RESERVED: (Ord. 44-08, 6-16-2008)
9-10-321.367: FOLLOWING FIRE APPARATUS: The driver of any
vehicle other than one on official business shall not follow
any fire apparatus traveling in response to a fire alarm closer than five
hundred feet (500') or drive into or park such vehicle within the block where
fire apparatus has stopped in answer to a fire alarm. (Ord. 44-08,
6-16-2008)
9-10-321.368: CROSSING FIRE HOSE: No vehicle shall be driven over
any unprotected hose of a fire department when laid down on
any street or private driveway to be used at any fire or alarm of fire without
the consent of the fire department official in command. (Ord. 44-08,
6-16-2008)
June 2010
City of Dubuque
9-10-321.369 9-10-321.400
9-10-321.369 — 9-10-321.370: RESERVED: (Ord. 44-08, 6-16-2008)
9-10-321.371: CLEANING UP WRECKS: Any person removing a
wrecked or damaged vehicle from a street shall remove
any glass or other injurious substance dropped upon the street from such
vehicle. (Ord. 44-08, 6-16-2008)
9-10-321.372 - 9-10-321.399: RESERVED: (Ord. 11-10, 2-15-2010)
9-10-321.400: USE OF ELECTRONIC COMMUNICATIONS DEVICES
PROHIBITED WHILE DRIVING MOTOR VEHICLE:
A. Except as provided in subsection C of this section, no person shall
drive a motor vehicle on the public streets within the city while using
an electronic communications device for the ordinary purposes for
which such devices are used.
B. "Electronic communications device" means an electronic device,
including, but not limited to, a wireless telephone, personal digital
assistant, or a portable or mobile computer, which requires the
operator to manually insert letters or figures, but does not include
hands free electronic communications devices, global positioning
systems, navigation systems or emergency notification systems, and
citizens band radios or citizens band radio hybrids, or other
electronic communications devices with a push to talk function.
C. "Hands free electronic communications device" means a device that
has an internal feature or function, or that is equipped with an
attachment or addition, whether or not permanently part of such
mobile telephone, by which a user engages in a conversation without
the use of either hand; provided, however, this definition shall not
preclude the use of either hand to activate, deactivate, or initiate a
function of the device.
D. Using an electronic communications device includes, but is not
limited to, the following:
1. Composing, sending, or reading an electronic message;
2. Talking into, dialing or listening on an electronic communications
device;
June 2010
City of Dubuque
9-10-321.400 9-10-321.400
3. Holding an electronic communications device to, or in the
immediate proximity of, the person's ear; or
4. Manipulating an electronic communications device to command or
request access to an internet site.
E. Subsection A of this section shall not apply to:
1. Public safety personnel, law enforcement officers, and operators
of emergency vehicles when on duty and acting in their official
capacities.
2. Persons using a hands free electronic communications device
allowing the driver to talk into and listen to the other party without
the use of the driver's hands.
3. Persons using an electronic communications device for the sole
purpose of calling 911 or other emergency telephone numbers to
contact public safety forces.
4. Persons using an electronic communications device while
maintaining a motor vehicle in a stationary parked position while
parked off the traveled portion of the road, and while the motor
vehicle is not in gear.
F. Any person who violates subsection A of this section shall be subject
to a scheduled fine as follows:
1. Fifty dollars ($50.00) if no traffic accident is involved;
2. Two hundred fifty dollars ($250.00) if the violation resulted in a
traffic accident. (Ord. 11-10, 2-15-2010)
June 2010
City of Dubuque
9-12-321.440 9-12-321.444
5. Tread or sidewall cracks, cuts, or snags deep enough to expose
the body cord;
6. Such other conditions as may be reasonably demonstrated to
render it unsafe;
7. Been regrooved or recut below the original tread design depth,
excepting special tires which have extra undertread rubber and are
identified as such; or
B. If a pneumatic tire was originally designed without grooves or tread,
the safety standards therefor shall be established by the director.
(Ord. 44-08, 6-16-2008)
9-12-321.441: METAL TIRES PROHIBITED: No person shall operate or
move on any street any motor vehicle, trailer, or
semitrailer having any metal tire or metal track in contact with the roadway.
(Ord. 44-08, 6-16-2008)
9-12-321.442: PROJECTIONS ON WHEELS: No tire on a vehicle moved
on a street shall have on its periphery any block, stud,
flange, cleat, or spike or any other protuberances of any material other than
rubber which projects beyond the tread of the traction surface of the tire
except that it shall be permissible to use:
A. Farm machinery with tires having protuberances which will not injure
the street.
B. Tire chains of reasonable proportions upon any vehicle when
required for safety because of snow, ice, or other conditions tending
to cause a vehicle to skid.
C. Pneumatic tires with inserted ice grips or tire studs projecting not
more than one -sixteenth inch ('/,s") beyond the tread of the traction
surface of the tire upon any vehicle from November 1 of each year to
April 1 of the following year, except that a school bus and fire
department emergency apparatus may use such tires at any time.
(Ord. 44-08, 6-16-2008)
9-12-321.443 — 9-12-321.444: RESERVED: (Ord. 44-08, 6-16-2008)
City of Dubuque
9-12-321.445 9-12-321.445
9-12-321.445: SAFETY BELTS AND SAFETY HARNESSES:
A. It shall be unlawful for any driver or front seat occupant of a 1966
model year or newer model motor vehicle which is subject to
registration in Iowa, except a motorcycle or a motorized bicycle, not
to wear a properly adjusted and fastened safety belt or safety
harness any time the vehicle is in forward motion on a street in this
city, except that a child under eleven (11) years of age shall be
secured as required under section 9-12-321.446 of this chapter. The
safety belt or safety harness system used in the vehicle must meet
standards as required under state of Iowa Code section 321.445(1)
for safety belts and safety harnesses.
This section shall not apply to:
1. The driver or front seat occupant of a motor vehicle which is not
required to be equipped for safety belts or safety harnesses under
rules adopted by the Iowa department of transportation.
2. The driver and front seat occupants of a motor vehicle who are
actively engaged in work which requires them to alight from and
reenter the vehicle at frequent intervals, provided the vehicle does
not exceed twenty five (25) miles per hour between stops.
3. The driver of a motor vehicle while performing duties as a rural
letter carrier for the U.S. postal service. This exemption applies
between the first delivery point after leaving the post office and the
last delivery point before returning to the post office.
4. Passengers of a bus.
5. A person possessing a written certification from a physician on a
form provided by the Iowa department of transportation that the
person is unable to wear a safety belt or safety harness due to
physical or medical reasons. The certification shall specify the time
period for which the exemption applies. The time period shall not
exceed twelve (12) months, at which time a new certification may be
issued.
6. Front seat occupants of an authorized emergency vehicle while
they are being transported in an emergency. However, this
exemption does not apply to the driver of the authorized emergency
vehicle.
City of Dubuque
9-12-321.445 9-12-321.446
B. The driver and front seat passengers may each be charged
separately for improperly used or nonused equipment under
subsection A of this section.
C. The provisions adopted by the Iowa department of transportation,
pursuant to Iowa Code section 321.445(5), for front seats and front
seat passengers of motor vehicles owned, leased, rented, or
primarily used by persons with physical disabilities who use
collapsible wheelchairs are hereby adopted by the city. (Ord. 44-08,
6-16-2008)
9-12-321.446: CHILD RESTRAINT DEVICES:
A. It shall be unlawful for any person to operate a motor vehicle
transporting a child under one year or weighing less than twenty (20)
pounds in a motor vehicle which is subject to registration by the
state, except a school bus or motorcycle, without first securing the
child in a rear facing child restraint system which meets federal
motor vehicle safety standards and used in accordance with the
manufacturer's instructions.
B. It shall be unlawful for any person to operate a motor vehicle
transporting a child under six (6) years of age who does not meet the
description in subsection A of this section in a motor vehicle which is
subject to registration by the state, except a school bus or
motorcycle, without first securing the child in a child restraint system
which is used in accordance with the manufacturer's instructions.
C. A child at least six (6) years of age but under eleven (11) years of
age who is being transported in a motor vehicle subject to
registration by the state, except a school bus or motorcycle, shall be
secured during transit by a child restraint system that is used in
accordance with the manufacturer's instruction or by a safety belt or
safety harness. The safety belt or safety harness system used in the
vehicle must meet standards as required under Iowa Code section
321.445(1) for safety belts and safety harnesses.
D. This section does not apply to:
1. Peace officers acting on official duty;
2. Transportation of children in 1965 model year or older vehicles;
3. Authorized emergency vehicles;
City of Dubuque
9-12-321.446 9-12-321.454
4. Buses;
5. Motor homes, except when a child is transported in a motor home
passenger seat situated directly to the driver's right; or
6. The transportation of a child who has been certified by a licensed
physician as having a medical, physical, or mental condition which
prevents or makes inadvisable securing the child in a child restraint
system, safety belt, or safety harness.
E. An operator who violates subsection A or B of this section is guilty of
a simple misdemeanor and subject to the penalty provisions of Iowa
Code section 805.8A, subsection 14, paragraph (c). However, if a
child is being transported in a taxicab in a manner that is not in
compliance with subsection A or B of this section, the parent, legal
guardian, or other responsible adult traveling with the child shall be
served with a citation for violation of this section in lieu of the taxicab
operator.
F. A person who is first charged for a violation of subsection A of this
section and who has not purchased or otherwise acquired a child
restraint system shall not be convicted if the person produces in
court, within a reasonable time, proof that the person has purchased
or otherwise acquired a child restraint system which meets federal
motor vehicle safety standards.
G. For purposes of this section, "child restraint system" means a
specially designed seating system, including a belt positioning seat
or a booster seat that meets federal motor vehicle safety standards.
(Ord. 44-08, 6-16-2008)
9-12-321.447 — 9-12-321.454: RESERVED: (Ord. 44-08, 6-16-2008)
City of Dubuque
9-14-321.602 9-14-321.602
stationary. Those vehicles displaying a valid parking sticker shall be
exempt from this provision.
C. Time Zones Designated: When signs are erected giving notice
thereof, no person shall park a vehicle for a period of time longer
than hereinafter indicated between the hours of nine o'clock (9:00)
A.M. and six o'clock (6:00) P.M. on any day except Sundays and
public holidays upon the streets or parts of streets as follows:
Two hour time zones:
Bluff Street, west side, from Emmett Street to West 3rd
Street.
Central Avenue, east side, from East 19th Street to East 24th
Street.
Central Avenue, west side, from East 18th Street to East
22nd Street.
Clarke Drive, south side, from St. Ambrose Street to the west
property line of 2044 Clarke Drive.
Delhi Street, north side, from North Grandview Avenue to a
point two hundred fifty feet (250') east of Stewart Street.
Jackson Street, west side, from one hundred forty feet (140')
north of East 10th Street to East 11th Street; east side, from
Milwaukee Street to Ruby Street; both sides, from East 9th
Street to East 10th Street and from East 11th Street to East
12th Street.
James Street, east side, from Mazzuchelli Heights to West
3rd Street.
Locust Street, west side, from Loras Boulevard to West 15th
Street.
Roosevelt Street Extension, north side, from Kerper
Boulevard to Kilgore Street, and south side, from Kerper
Boulevard to a point three hundred seventy five feet (375')
east of Kerper Boulevard.
University Avenue, both sides, from Nevada Street to a point
one hundred feet (100') west of Booth Street.
City of Dubuque
9-14-321.602 9-14-321.602
University Avenue, north side, from Algona Street to Loras
Boulevard.
University Avenue, south side, from Alpine Street to Nevada
Street.
White Street, both sides, from East 9th Street to East 11th
Street.
White Street, both sides, from East 15th Street to East 16th
Street.
White Street, east side, from East 14th Street to East 15th
Street.
4th Street, West, from a point fifty feet (50') east of the
westerly terminus to Bluff Street.
5th Street, West, north side, from Prospect Street to a point
one hundred ninety six feet (196') west of Prospect Street.
9th Street, East, north side, from White Street to Jackson
Street.
9th Street, East, south side, from Jackson Street to
Washington Street.
10th Street, East, both sides, from Jackson Street to White
Street.
12th Street, East, both sides, from White Street to the alley
west of Jackson Street; south side, from Jackson Street to the
alley east of White Street.
13th Street, East, north side, from Elm Street to the alley east
of Washington Street.
16th Street, East, both sides, from Pine Street to Maple
Street; south side, from Cedar Street to Sycamore Street.
18th Street, East, both sides, from Central Avenue to White
Street.
City of Dubuque
9-14-321.602 9-14-321.602
Bell Street; south side, from Burch Street to a point one
hundred feet (100') west of Bluff Street.
4th Street, East, both sides, from White Street to Central
Avenue.
5th Street, both sides, from White Street to Adams Street;
north side, from Bell Street to and including the cul-de-sac to
the east.
5th Street, both sides, from White Street to Bell Street.
5th Street, south side, from Bluff Street to Hill Street; north
side, from a point one hundred ninety two feet (192') west of
Bluff Street to Prospect Street and from Iowa Street to Main
Street; provided, however, it shall not be unlawful to stop, but
only in the drop off areas provided, for the sole purpose of
and for the time necessary to allow passengers to enter or
exit a vehicle and during which time the vehicle shall not be
unattended.
6th Street, south side, from Locust Street to the alley west of
Main Street; provided, however, it shall not be unlawful to
stop, but only .in the drop off areas provided, for the sole
purpose of and for the time necessary to allow passengers to
enter or exit a vehicle and during which time the vehicle shall
not be unattended.
7th Street, both sides, from Bluff Street to the alley east of
Locust Street.
7th Street, East, both sides, from Washington Street to a
point two hundred fifty feet (250') east of Washington Street.
7th Street, East, north side, from White Street to Jackson
Street.
8th Street, West, both sides, from a point one hundred forty
six feet (146') west of the west property line of University
Avenue to a point two hundred six feet (206') west of the west
property line of University Avenue; from Locust Street to Iowa
Street, provided, however, it shall not be unlawful to stop, but
only in the drop off areas provided, for the sole purpose of
and for the time necessary to allow passengers to enter or
exit a vehicle and during which time the vehicle shall not be
City of Dubuque
9-14-321.602 9-14-321.602
unattended; north side, from Wilson Avenue to Roberts
Avenue; south side, from Central Avenue to the alley
immediately west thereof.
9th Street, West, both sides, from University Avenue to Bluff
Street; north side, from Bluff Street to Locust and Iowa Street
to fire headquarters' driveway; south side, from Main Street to
the alley west of Iowa Street and from Iowa Street to Central
Avenue.
10th Street, West, both sides, from Locust Street to Bluff
Street; south side, from Central Avenue to Iowa Street.
11th Street, East, both sides, from Elm Street to Kerper
Boulevard.
11th Street, West, south side, from Prairie Street to Race
Street.
12th Street, West, north and east sides, from Bluff Street to
Grove Terrace; south side, from Bluff Street to a point
approximately one hundred sixty feet (160') west of Bluff
Street.
14th Street, East, both sides, from White Street to Central
Avenue; north side, from White Street to alley west of
Jackson Street.
15th Street, East, both sides, from Sycamore Street to a point
nine hundred fifty feet (950') east of Sycamore Street; south
side, from Iowa to alley east of Main Street.
16th Street, East, both sides, from Sycamore Street to Kerper
Boulevard and from Cedar Street to Maple Street; north side,
from Elm Street to Pine Street and from Maple Street to
Sycamore Street.
16th Street, West, south side, from Montrose to Catherine
Street.
17th Street, West, north side, from West Locust Street to
Clark Street.
City of Dubuque
9-14-321.602 9-14-321.602
19th Street, East, south side, from Elm Street to Pine Street.
20th Street, East, both sides, from Central Avenue to EIm
Street.
21st Street, East, both sides, from Central Avenue to White
Street; south side, from Jackson Street to EIm Street.
22nd Street, East, south side, from Windsor Avenue to
Stafford Street; and Central Avenue to White Street; north
side, from Jackson Street to Central Avenue.
23rd Street, West, north side, from Central Avenue to a point
one hundred ninety feet (190') west of Central Avenue, and
south side, from Central Avenue to Valeria Street.
24th Street, East, south side, from Central Avenue to
Washington Street.
24th Street, West, north side, from Central Avenue to
Broadway Street.
30th Street, East, north side, from Central Avenue to Jackson
Street.
32nd Street, East, south side, from Central Avenue to White
Street; both sides, from Jackson Street to a point seven
hundred feet (700') east of Jackson Street.
32nd Street, West, south side, from Central Avenue to a point
one hundred feet (100') west of Lemon Street; north side,
from Central Avenue to Fink Street.
E. Fifteen Minute Parking: When signs are erected giving notice
thereof, no person shall park a vehicle for a period of time longer
than fifteen (15) minutes upon the streets or parts of streets as
follows:
Rhomberg Avenue, east side, from Kniest Street to a point
one hundred sixty eight feet (168') south of Marshall Street.
White Street, east side, from East 7th Street to a point forty
feet (40') north of East 7th Street.
City of Dubuque
9-14-321.602 9-14-321.602
5th Street, West, north side, from Bluff Street to a point eighty
five feet (85') east of Bluff Street.
F. No Parking Six O'Clock A.M. To Six O'Clock P.M. Monday Through
Saturday, Except Holidays: When signs are erected giving notice
thereof, no person shall park a vehicle between the hours of six
o'clock (6:00) A.M. to six o'clock (6:00) P.M., Monday through
Saturday, except holidays, upon the following streets or parts of
streets:
Iowa Street, west side, from 6th Street to 7th Street.
9th Street, south side, Main Street, west to the alley.
G. Two Hour Parking Nine O'Clock A.M. To Six O'Clock P.M., Except
Saturdays, Sundays, And Public Holidays: When signs are erected
giving notice thereof, no person shall park a vehicle between the
hours of nine o'clock (9:00) A.M. and six o'clock (6:00) P.M. on any
day except Saturdays, Sundays and public holidays upon the
following streets or parts of streets as follows:
White Street, east side, from East 13th Street to East 14th
Street.
14th Street, East, south side, from Jackson Street to White
Street; north side, from Jackson Street to the alley east of
White Street.
H. No Parking Six O'Clock A.M. To Six O'Clock P.M. Monday Through
Friday: When signs are erected giving notice thereof, no person shall
park a vehicle between the hours of six o'clock (6:00) A.M. to six
o'clock (6:00) P.M., Monday through Friday upon the following
streets:
15th Street, West, south side, from Main Street to the alley
west of Iowa Street.
No Parking Five O'Clock A.M. To Five O'Clock P.M. Monday
Through Saturday, Except Public Holidays: When signs are erected
giving notice thereof, no person shall park a vehicle between the
hours of five o'clock (5:00) A.M. and five o'clock (5:00) P.M., Monday
through Saturday, except public holidays, upon the following streets
or parts of streets as follows:
City of Dubuque
CITY CODE
of
DUBUQUE
sown
•
STERLING CODIFIERS
7600 Mineral Drive
Coeur d'Alene, Idaho 83815
(208) 762-3449 • fax (208) 762-9140
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:
International Building Code Adopted
International Building Code Amendments
Permit Issuance Prohibited During Consideration Of Zoning
Reclassification Or Zoning Or Subdivision Text Amendments
Demolition Permits In Conservation Districts
14-1A-1: INTERNATIONAL BUILDING CODE ADOPTED: Except as
hereinafter added to, deleted, modified or amended, there is
hereby adopted by reference as the building code of the city that certain
building code known as the international building code, 2006 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, 2006 edition, as adopted,
shall be on file in the office of the city clerk for public inspection. (Ord.
43-07, 7-16-2007)
14-1A-2: INTERNATIONAL BUILDING CODE AMENDMENTS: The
code adopted by section 14-1A-1 of this article is hereby
amended as follows:
Section 101.2. Section 101.2 "Scope" is hereby amended by
repealing section 101.2 and enacting a new section 101.2 to read as
follows:
Section 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,
City of Dubuque
14-1A-2 14-1A-2
public utility towers and poles, mechanical equipment not
specifically regulated in this code, and hydraulic flood control
structures.
For additions, alterations, moving and maintenance of build-
ings and structures, see chapter 34. For temporary buildings
and structures, see section 3103 and appendix chapter 31.
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
provisions in the appendix shall not apply unless specifically
adopted.
Section 105. Section 105.5 "Expiration" is hereby amended by
repealing such section and replacing such section with a new section
in lieu thereof as follows:
Section 105.5. Expiration. Every permit issued shall become
invalid unless the work on the site authorized by such permit
is completed within two years after its issuance. The building
official is authorized to grant, in writing, one or more exten-
sions of time, for periods not to exceed one year. The exten-
sions shall be requested in writing and justifiable cause
demonstrated.
Section 112. Section 112 "Board Of Appeals" is hereby amended by
repealing such section and replacing such section with a new section
in lieu thereof as follows:
Section 112. Building Code And Advisory Appeals Board.
(a) Board Established. In order to determine the suitability of
alternative building materials and methods of building
City of Dubuque
14-1A-2 14-1A-2
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, there
is hereby created the building code advisory and appeals
board.
(b) Membership. The building code advisory and appeals
board shall consist of five (5) members appointed by the city
council. One (1) member shall be an architect or engineer
registered in the state of Iowa, one (1) member shall be a
general building construction contractor, one (1) member shall
be a journeyman carpenter, and two (2) members shall be
from the public at large.
(c) Term Of Office. The term of office of all board members
shall be for three (3) years.
(d) Rules And Regulations. The board shall make such rules
and prescribe such procedures as may be reasonably
necessary for its operation, except that such rules shall
include the following:
(1) Board Chairperson. The chairperson of the board
shall be a member of the board elected annually by a majority
of the board.
(2) Secretary Of The Board. The building official, or
designee, shall be secretary of the board. The secretary shall
arrange for meetings and prepare and keep such minutes and
records and perform such other clerical work as the board
may direct.
(3) Quorum. Three (3) members shall constitute a
quorum. The concurring vote of three (3) members of the
board shall be necessary to pass any motion.
(4) Service Until Appointment Of Successor. Upon
completion of the term of office, members of the building code
board shall continue to serve in their full capacity until their
successor has been duly appointed.
(5) Meetings. The building code board shall meet upon
call of the chairperson, secretary or city manager. Members of
the building code board shall attend at least two-thirds of all
scheduled meetings within a twelve-month period. If any
City of Dubuque
14-1A-2 14-1A-2
member does not attend such prescribed number of meetings,
it shall constitute grounds for the board to recommend to the
city council that said member be replaced.
(6) Attendance. The attendance of all members shall
be entered on the minutes by the secretary.
(7) Conformity With Open Meetings Law. All meetings
shall be held in conformance with provisions of the Iowa open
meetings law.
(8) Minutes. The building code board shall file with the
city council a copy of the minutes of each meeting of the
board within ten (10) working days after such meeting.
(9) Administrative Policies. All administrative,
personnel, accounting, budgetary, and procedural policies of
the city shall govern the building code board in all of its
operations.
(10) Duties When Serving As An Appeals Board. 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:
City of Dubuque
14-1A-2 14-1A-2
a. The building official had incorrectly interpreted the
provision of this code;
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 procedures specified in this code.
(e) 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.
Section 113. Section 113 "Violations" is hereby amended by
repealing such section and replacing such section with a new section
in lieu thereof as follows:
Section 113 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, chapter 4
of the code of ordinances. The penalty herein provided shall
City of Dubuque
14-1A-2 14-1A-3
be cumulative with and in addition to the revocation, cancella-
tion or forfeiture of any license or permit elsewhere in this
code provided for violation thereof.
Section 115. Section 115 "Unsafe Structures And Equipment" is
hereby amended by repealing such section and replacing such
section with a new section in lieu thereof as follows:
Section 115. 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 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 Toads 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. 43-07, 7-16-2007)
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)
City of Dubuque
14-1B-1 14-1B-2
SECTION:
14-1B-1:
14-1 B-2:
CHAPTER 1
BUILDING CODES
ARTICLE B. RESIDENTIAL CODE
International Residential Code Adopted
International Residential Code Amendments
14-1B-1: INTERNATIONAL RESIDENTIAL 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 residential code, 2006 edition, and
as published by the International Code Council, Inc., and the provisions of
such building code shall be controlling in the construction of one- and two-
family residential buildings and in all matters covered by such building code
within the corporate limits of the city and shall be known as the Dubuque
residential building code. A copy of the international residential code, 2006
edition, as adopted, shall be on file in the office of the city clerk for public
inspection. (Ord. 42-07, 7-16-2007)
14-1 B-2: INTERNATIONAL RESIDENTIAL CODE AMENDMENTS:
The code adopted by section 14-1B-1 of this article is hereby
amended as follows:
Section R103, Department Of Building Safety. Section R103
"Department Of Building Safety" is hereby amended by repealing
such section and replacing such section with a new section in lieu
thereof as follows:
Section R103.1. Creation Of Enforcement Agency: There is
hereby established in the city the building services depart-
ment, which shall be under the jurisdiction of the building
official.
City of Dubuque
14-1B-2 14-1B-2
Section R105.5, Permits, Expiration. Section 105.5 "Expiration" is
hereby amended by repealing such section and replacing such
section with a new section in lieu thereof as follows:
Section 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. The building
official is authorized to grant, in writing, one or more
extensions of time, for periods not to exceed 180 days. The
extensions shall be requested in writing and justifiable cause
demonstrated.
Section R112, Board Of Appeals. Section R112 "Board Of Appeals"
is hereby amended by repealing such section and replacing such
section with a new section in lieu thereof as follows:
Section R112. Building Code And Advisory Appeals Board:
(a) Board Established: In order 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, there
is hereby created the building code advisory and appeals
board.
(b) Membership: The building code advisory and appeals
board shall consist of five (5) members appointed by the city
council. One (1) member shall be an architect or engineer
registered in the state of Iowa, one (1) member shall be a
general building construction contractor, one (1) member shall
be a journeyman carpenter, and two (2) members shall be
from the public at large.
(c) Term Of Office: The term of office of all board members
shall be for three (3) years.
(d) Rules And Regulations: The board shall make such rules
and prescribe such procedures as may be reasonably
necessary for its operation, except that such rules shall
include the following:
(1) Board Chairperson: The chairperson of the board
shall be a member of the board elected annually by a majority
of the board.
City of Dubuque
14-1B-2 14-1B-2
(2) Secretary Of The Board: The building official, or
designee, shall be secretary of the board. The secretary shall
arrange for meetings and prepare and keep such minutes and
records and perform such other clerical work as the board
may direct.
(3) Quorum: Three (3) members shall constitute a
quorum. The concurring vote of three (3) members of the
board shall be necessary to pass any motion.
(4) Service Until Appointment Of Successor: Upon
completion of the term of office, members of the building code
board shall continue to serve in their full capacity until their
successor has been duly appointed.
(5) Meetings: The building code board shall meet upon
call of the chairperson, secretary or city manager. Members of
the building code board shall attend at least two-thirds of all
scheduled meetings within a twelve-month period. If any
member does not attend such prescribed number of meetings,
it shall constitute grounds for the board to recommend to the
city council that said member be replaced.
(6) Attendance: The secretary shall enter the
attendance of all members on the minutes.
(7) Conformity With Open Meetings Law: All meetings
shall be held in conformance with provisions of the Iowa open
meetings law.
(8) Minutes: The building code board shall file with the
city council a copy of the minutes of each meeting of the
board within ten (10) working days after such meeting.
(9) Administrative Policies: All administrative,
personnel, accounting, budgetary, and procedural policies of
the city shall govern the building code board in all of its
operations.
(10) Duties When Serving As An Appeals Board: 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
City of Dubuque
14-1B-2 14-1B-2
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;
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
procedures specified in this code.
(e) 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.
City of Dubuque
14-1B-2 14-1B-2
Section R113, Violations. Section R113 "Violations" is hereby
amended by repealing such section and replacing such section with
a new section in lieu thereof as follows:
R113 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, chapter 4
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.
Section R310. Section R310 "Emergency Escape And Rescue
Openings" is hereby amended as follows:
Section R310 Emergency Escape And Rescue Openings:
Section 310.1. Emergency Escape And Rescue Required:
Exceptions:
1. Basements without bedrooms that provide a second
stairway that terminates in a room separate from the first
stairway.
2. The finished sill height may exceed 44 inches (1118 mm)
above the floor if approved by the building official and the
following conditions are met:
The exterior finish grade is more than 36 inches (914 mm)
above the interior floor level of the room, or altering the
exterior configuration of the building would adversely affect
the historical significance of the building.
A platform capable of supporting a live load of 300 pounds
shall be permanently affixed at the interior of the window. This
City of Dubuque
14-1B-2 14-1B-2
platform shall be no lower than 20 inches (508 mm) above the
floor and no higher than 36 inches (914 mm) above the floor.
The distance from the platform to the finished sill height shall
not exceed 36 inches (914 mm). The platform shall extend
outward from the wall a minimum of 24 inches (610 mm) and
shall be at least as wide as the clear openable width of the
window.
The escape or rescue window shall have a minimum clear
openable area of 9 square feet (0.84 m2), with a minimum
dimension of 36 inches (914 mm).
The building is equipped with smoke detectors installed in
accordance with section R313.
Section R311.5.6.2. Section R311.5.6.2 "Handrails" is hereby
amended by adding exception #3 as follows:
Exceptions:
1. Handrails shall be permitted to be interrupted by a newel
post at a turn.
2. The use of a volute, turnout or starting easing shall be
allowed over the lowest tread.
3. Top rails may be interrupted by walls.
Section R404, Foundation Walls. Section R404.1.2 "Concrete
Foundation Walls" is hereby amended by adding an exception as
follows:
Exception:
The following reinforcement requirements may be used as an
alternative for 8 inch (204 mm) thick concrete foundation walls
between 96 (2438 mm) and 120 inches (3048 mm) in height:
#4 bars 20 inches (508 mm) on center vertically and #4 bars
24 inches (610 mm) on center horizontally.
Section P2603.6, Freezing. Section P2603.6 "Freezing" is hereby
amended by repealing the last sentence and replacing such
sentence with a new sentence in lieu thereof as follows:
City of Dubuque
14-1B-2 14-1B-2
Water service pipe shall be installed 6 inches (152 mm) below
the frost line.
Section P3114, Air Admittance Valves. Section P3114.3 "Where
Permitted" is hereby amended by repealing such section and
replacing such section with a new section in lieu thereof as follows:
Individual vents, branch vents, circuit vents and stack vents
shall be permitted to terminate with a connection to an air
admittance valve when approved by the building official or
their agent in cases where structural or existing conditions do
not allow for the termination of a vent to the exterior of the
structure.
Part VIII, Electrical. Park VIII "Electrical" is hereby amended by
deleting chapters 33 through 42 in their entirety.
(Ord. 42-07, 7-16-2007)
City of Dubuque
14-1C-1 14-1C-2
SECTION:
14-1C-1:
14-1C-2:
CHAPTER 1
BUILDING CODES
ARTICLE C. ENERGY CONSERVATION CODE
International Energy Conservation Code Adopted
International Energy Conservation Code Amendments
14-1C-1: INTERNATIONAL ENERGY CONSERVATION CODE
ADOPTED: Except as hereinafter added to, deleted, modified
or amended, there is hereby adopted by reference as the energy code of
the city that certain code known as the international energy conservation
code, 2006 edition, and as published by the International Code Council,
Inc., and the thermal efficiency provisions of such code shall be controlling
in the construction of all new construction within the corporate limits of the
city, and the lighting efficiency provisions of such code shall be controlling
in the new construction of buildings which are open to the general public
during normal business hours, and shall be known as the Dubuque energy
code. A copy of the international energy conservation code, 2006 edition,
as adopted, shall be on file in the office of the city clerk for public
inspection. (Ord. 4-08, 1-22-2008)
14-1C-2: INTERNATIONAL ENERGY CONSERVATION CODE
AMENDMENTS: The code adopted by section 14-1C-1 of this
article is hereby amended as follows:
Section 107.3. Add a new section to read as follows:
Sec. 107.3 Referenced Codes. Where this code refers to
other codes not adopted by the jurisdiction, the applicable
code adopted by the jurisdiction shall govern.
Section 202. Section 202, "General Definitions" is hereby amended
by adding the following definitions in alphabetical order:
GAMBLING FACILITY - BACK OF HOUSE. Areas of a
gambling structure or moored barge and associated hotel,
meeting, entertainment or recreation spaces that are only
City of Dubuque
14-1C-2 14-1C-2
accessible to authorized personnel and not to the general
public and guests, such as employee and delivery entrances,
employee lounges and dining areas, administrative offices
and meeting rooms, maintenance areas, storage rooms,
service corridors, etc.
GAMBLING FACILITY - FRONT OF HOUSE. Areas of
gambling structure or moored barge and associated hotel,
meeting, entertainment or recreation spaces that are
physically accessible or visible to the general public and
guests, such as the exterior facades, landscaping, entries,
lobbies, guestroom corridors, porte cocheres, retail shops,
restaurants, theaters, gaming areas, guest conference and
meeting rooms, other areas of entertainment or recreation,
etc.
KITCHEN, DISPLAY. A substantially open cooking and food
preparation facility, located in the front -of -house dining
room/lounge area specifically for the purpose of
demonstrating the function of food and drink preparation.
Section 505.5.1. Section 505.5.1, "Total Connected Interior Lighting
Power" is hereby amended to read:
505.5.1 Total Connected Interior Lighting Power. The total
connected interior lighting power (watts) shall be the sum of
the watts of all interior lighting equipment as determined in
accordance with sections 505.1.1 through 505.1.1.4.
Exceptions: The connected power associated with the
following lighting equipment is not included in calculating the
total connected lighting power.
1. Specialized medical, dental, and research lighting.
2. Professional and/or competition level sports playing
area lighting.
3. Display lighting for exhibits in galleries, museums,
monuments, and convention centers.
4. Sleeping unit lighting in hotels, motels, boarding
houses or similar buildings.
5. Emergency lighting automatically off during normal
building operation.
City of Dubuque
14-1C-2 14-1C-2
6. Gambling facility - front of house areas.
7. Display kitchen and bar areas.
Section 505.5.2. Section 505.5.2, "Interior Lighting Power" is hereby
amended, and a new table 505.5.3 is added, to read:
505.5.2 Interior Lighting Power. The total interior lighting
power (watts) is the sum of all interior lighting powers for all
area in the building covered in this permit. The interior lighting
power is the floor area for each building area type listed in
table 505.5.2 times the value from table 505.5.2 for that area.
For areas with high ceilings and lighting fixture mounting
heights that exceed 12 feet, an adjustment factor is allowed
by multiplying the LPD value from table 505.5.2 with the
adjustment factor in table 505.5.3. For the purposes of this
method, an "area" shall be defined as all contiguous spaces
that accommodate or are associated with a single building
area type as listed in table 505.5.2. When this method is used
to calculate the total interior lighting power for an entire
building, each building area type shall be treated as a
separate area.
TABLE 505.5.3
ADJUSTMENTS FOR MOUNTING HEIGHTS ABOVE FLOOR
Height (In Feet) Above Finished
Floor To Bottom Of Luminaire(s)
Multiply LPD By
12 or less
1.0
13
1.05
14
1.10
15
1.15
16
1.21
17
1.47
18
1.65
19
1.84
20 or more
2.04
City of Dubuque
14-1C-2 14-1C-2
Section 505.6. Section 505.6, "Exterior Lighting (Mandatory)" is
hereby amended, to read as follows:
505.6 Exterior Lighting (Mandatory). When the power for the
exterior lighting is supplied through the energy service to the
building, all exterior lighting, other than low -voltage lighting,
shall comply with sections 505.6.1 and 505.6.2.
Exceptions:
1. Where approved because of historical, safety,
signage or emergency considerations.
2. Light emitting diode (LED), neon, and cold cathode
exterior lamp sources.
3. Gambling facility - front of house areas.
(Ord. 4-08, 1-22-2008)
City of Dubuque
14-1E-1 14-1E-2
SECTION:
14-1E-1:
14-1 E-2:
14-1 E-3:
14-1 E-4:
14-1 E-5:
CHAPTER 1
BUILDING CODES
ARTICLE E. FIRE CODE AND REGULATIONS
International Fire Code Adopted
International Fire Code Amendments
International Fire Code Enforcement
Emergencies
Special Conditions
14-1 E-1: INTERNATIONAL FIRE CODE ADOPTED:
A. Code Adoption: Except as hereinafter added to, deleted, modified or
amended, the international fire code, 2003 edition, as promulgated
by the International Code Council, is hereby adopted by reference
from the effective date hereof.
B. Copy On File: A copy of the international fire code, 2003 edition,
shall be on file in the office of the city clerk for public inspection.
(2007 Code § 19-1)
14-1 E-2: INTERNATIONAL FIRE CODE AMENDMENTS: The code
adopted by section 14-1E-1 of this article is hereby amended
as provided in this section.
Section 102.5, Historic Buildings, is hereby amended by repealing such
section and adopting a new section in lieu thereof as follows:
Section 102.5, Historic Buildings. The construction, alteration, repair,
enlargement, restoration, relocations or moving of such buildings
shall be in accordance with title 14, chapter 5 of the code of
ordinances.
City of Dubuque
14-1E-2 14-1E-5
Section 104.1.2, Fire/Police Investigators. The fire chief may appoint and
designate such members of the fire department as fire/police investigators
upon being certified by the Iowa Law Enforcement Academy. A fire/police
investigator shall have the powers of a peace officer in performing the
duties under this code, including full powers of arrest to effectuate the
duties of enforcing city ordinances and state statutes. Notwithstanding such
status as a peace officer, a fire/police investigator shall be subject to the
rules and regulations of the Dubuque fire department and shall perform
such functions as the fire chief shall assign.
Section 105, Permits Required, is hereby amended by repealing such
section and adopting a new section in lieu thereof as follows:
Section 105, Permits Required. It shall be unlawful for any person,
firm or corporation to use a building or premises or engage in any
activities for which a permit is required by the code of ordinances
without first having obtained such permit.
Section 108, Board Of Appeals, is hereby amended by repealing such
section and adopting a new section in lieu thereof as follows:
Section 108, Board Of Appeals. Whenever the fire chief shall
disapprove an application or refuse to grant a permit applied for, that
applicant may appeal from the decision of the fire chief to the city
manager within ten (10) days from the date of the decision appealed.
Such appeal to the city manager shall be made in writing setting
forth the decision appealed from and the grounds for such appeal.
Section 109.3, Violation Penalties is hereby repealed. (2007 Code § 19-2)
14-1 E-3: INTERNATIONAL FIRE CODE ENFORCEMENT: The code
adopted by section 14-1 E-1 of this article shall be enforced by
the bureau of fire prevention in the fire department of the city. (2007 Code
§ 19-3)
14-1E-4: EMERGENCIES: Where a situation requires immediate
decision, that of the chief of the bureau of fire prevention shall
be final and conclusive. (2007 Code § 19-4)
14-1E-5: SPECIAL CONDITIONS: The chief of the bureau of fire
prevention shall have full power to exercise the chief of the
City of Dubuque
14-1E-5 14-1E-5
bureau of fire prevention's own judgment in a reasonable and proper
manner and rule accordingly on all special cases in regard to any of the
matters and things treated in this code relating to fire hazards not
specifically covered thereby. (2007 Code § 19-5)
City of Dubuque
14-1F-1 14-1F-2
SECTION:
14-1F-1:
14-1F-2:
CHAPTER 1
BUILDING CODES
ARTICLE F. MECHANICAL CODE
International Mechanical Code Adopted
International Mechanical Code Amendments
14-1 F-1: INTERNATIONAL MECHANICAL CODE ADOPTED: Except
as hereinafter added to, deleted, modified or amended, there
is hereby adopted by reference as the mechanical code of the city that
certain mechanical code known as the international mechanical code, 2006
edition, including appendix A as prepared and edited by the International
Code Council (ICC), and the provisions of such mechanical code shall be
controlling for the installation, maintenance and use of heating, ventilating,
cooling, refrigeration systems, incinerators and other miscellaneous heat
producing appliances within the corporate limits of the city and shall be
known as the Dubuque mechanical code. A copy of the international
mechanical code, 2006 edition, as adopted, shall be on file in the office of
the city clerk for public inspection. (Ord. 40-07, 7-16-2007)
14-1 F-2: INTERNATIONAL MECHANICAL CODE AMENDMENTS:
Section 203, "Board Of Appeals" is hereby amended by
repealing such section and replacing such section with a new section in lieu
thereof as follows:
Section 203. Mechanical Code Board.
(a) Board Established. In order to determine the suitability of
alternative materials and methods of installation, to provide
for reasonable interpretations of the mechanical code, to
serve as an appeal body for the decisions of the building
official, to advise the city council on all heating, ventilating, air
conditioning and refrigeration regulations and procedures, and
City of Dubuque
14-1F-2 14-1F-2
to provide for examining applicants for certification of
competency and issuing certificates of competency and
registration, there is hereby created the mechanical code
board.
(b) Membership. The mechanical code board shall consist of
seven (7) members appointed by the city council. Each
member shall have a background or experience in sheet
metal contracting, hot water and steam fitting contracting, hot
water and steam fitting work, refrigeration contracting,
refrigeration work, or mechanical engineering.
(c) Term Of Office. The term of office of all board members
shall be three (3) years.
(d) Rules And Regulations. The board shall make such rules
and prescribe such procedures as may be reasonably
necessary for its operation, except that such rules shall
include the following:
(1) The chairperson of the board shall be elected
annually by a majority of the board.
(2) The building official, or the building official's
designee, shall be secretary of the board. The secretary shall
arrange for meetings and prepare and keep such minutes and
records and perform such other clerical work as the board
may direct.
(3) Four (4) members of the board shall constitute a
quorum. The affirmative vote of four (4) members of the board
shall be necessary to adopt any motion.
(4) Upon completion of the term of office, a member of
the mechanical code board shall continue to serve until their
successor has been duly appointed.
(5) The mechanical code board shall meet at least
once every three (3) months upon call of the chairperson,
secretary or city manager. A member of the mechanical code
board shall attend at least two-thirds (2/3) of all scheduled
meetings within a twelve-month period. If any member does
not attend such prescribed number of meetings, it shall
constitute grounds for the board to recommend to the city
council that said member be replaced.
City of Dubuque
14-1F-2 14-1F-2
(6) The attendance of all members shall be entered on
the minutes by the secretary.
(7) All meetings shall be held in conformance with the
provisions of the Iowa open meetings law.
(8) The mechanical code board shall file with the city
clerk a copy of the minutes of each meeting of the board
within ten (10) working days after such meeting.
(9) All administrative, personnel, accounting,
budgetary, and procedural policies of the city shall govern the
mechanical code board in all of its operations.
(10) Any person who is aggrieved by a decision of the
building official resulting from the enforcement of the
mechanical code may appeal from such decision to the
mechanical code board, and said board shall serve as an
appeal board. In case the aggrieved party is a board member,
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 at the
building official's office within seven (7) days. The building
official shall, within seven (7) days thereafter, notify the board
of the appeal. The mechanical code board shall meet within
seven (7) days after receiving such notice and shall render a
decision within five (5) days thereafter. Any interested party,
including the building official, may have the right to present
such party's case to the appeal board, whose decision shall
be final unless appealed to the district court as provided by
law.
Section 203 is hereby amended by adding the following definition:
Section 203. Approved Qualified Welder: A person who specializes
in welding of pipes and who holds a valid certificate of competency
from a recognized testing laboratory, based on the requirements of
the ASME boiler and pressure vessels code, section IX, or such
other standard as approved by the mechanical code board.
City of Dubuque
14-1F-2 14-1F-2
Section 204, "Violations" is hereby amended by repealing such section and
replacing such section with a new section in lieu thereof as follows:
Section 204. Violations And Penalties. 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.
Section 301, "Permits" is hereby amended by repealing subsection (b)
"Exempt work" and replacing such subsection with a new subsection in lieu
thereof as follows:
Section 301.
(b) Exempt Work. A mechanical permit is not required for the
following:
(1) Any portable heating appliance, portable ventilating
equipment, portable cooling unit or portable evaporative
cooler.
(2) Any closed system of steam, hot or chilled water
piping within heating and cooling equipment regulated by this
code.
(3) Replacement of any component part or assembly of
an appliance which does not alter its original approval and
complies with other applicable requirements of this code.
(4) Any refrigeration equipment which is part of the
equipment for which a permit has been issued pursuant to the
requirements of this code.
(5) Any unit refrigerating system.
(6) Replacement of any existing domestic gas range or
domestic gas clothes dryer as regulated by title 14, chapter 1,
article F of the city code of ordinances.
(7) Any domestic ventilation fan connected to a single
duct.
(8) The installation of each domestic hood which is
served by mechanical exhausts, including the ducts for such
hood.
City of Dubuque
14-1F-2 14-1F-2
Exemption from the permit requirements of this code shall not
be deemed to grant authorization for any work to be done in
violation of the provisions of this code or any other laws or
ordinances of this jurisdiction.
Section 307, "Registration And Examination Of Mechanical Contractors" is
hereby added as a new section as follows:
Section 307. Registration And Examination Of Mechanical
Contractors.
(a) Contractors Or Businesses To Be Registered. It shall be
unlawful for any person, firm, partnership, corporation or
association, or any combination thereof, and also for any
accomplice, to act, engage in, solicit, or to advertise as being
in the business of installing or servicing of any system,
appliance, equipment, device, control, material or substance
for use in connection with or appurtenant to any heat
producing appliance, heating, ventilating, air conditioning,
refrigerating, blower or exhaust unit or system covered by this
code, except as is otherwise provided herein, or unless said
person, firm, partnership, corporation or association, or
combination thereof, shall first have obtained a certificate of
registration from the city.
(b) Application And Issuance Of Certificate Of Registration.
Any person desiring a certificate of registration to enter into
the business of installing or servicing as required under the
provisions of this chapter shall make application to and on a
form furnished by the building official. The completed
application together with the fee for application for a
certificate of registration shall be submitted to the building
official. Every application for registration shall state the name
of the person, firm, partnership or corporation applying for
registration and the name and address of the place of
business or places of business of the applicant. If the
applicant is a firm, partnership, corporation, association, or
any combination thereof, the application shall contain the
names and addresses of all members and officers and such
other information as the application may require, together with
a certified copy of the corporation minutes or other legal
evidence that the applicant has been duly invested with the
authority to represent and act on behalf of the firm,
partnership, corporation, association, or combination thereof
and shall duly designate and register with the building official
City of Dubuque
14-1F-2 14-1F-2
a successor to the applicant. All applications shall be sworn
to by the applicant before a notary public.
Upon receipt of the application for registration, the mechanical
code board shall issue a certificate of registration to the
applicant to engage in the business of installing or servicing
in the city. Certificates of registration shall expire on the
thirty-first day of December of each year and shall be
renewed on or before January thirty-first. Failure to renew a
certificate before the expiration date shall automatically
cancel the certificate and require an application and fee as for
an original certificate.
The application fee for the initial certificate of registration
shall be as set by the city manager and shall be submitted
with the application. No fees shall be refunded whether the
certificate is issued or denied. The annual renewal fee for
such certificate of registration shall be as set by the city
manager.
(c) Revocation Or Suspension Of Certificate Of Registration.
The mechanical code board may revoke or suspend any
certificate of registration for one or more of the following
reasons:
(1) Misrepresentation of a material fact in obtaining
such certificate of registration or the renewal thereof.
(2) Failure to comply with the provisions of the
mechanical code of the city.
(3) Failure to secure the permits, inspections, and
approvals required by this code.
It shall be the duty of the building official to report such
violations to the mechanical code board.
When a certificate of registration has been suspended three
(3) times, any subsequent violation of this section shall result
in permanent revocation of such certificate. No certificate
shall be revoked until a public hearing has been held by the
mechanical code board, at which hearing the registrant may
appear in person or be represented by legal counsel.
City of Dubuque
14-1F-2 14-1F-2
A certificate of registration may be suspended for a period not
to exceed six (6) months, and the notice of suspension may
require the person, firm, partnership, corporation, association,
or combination thereof, whose registration is suspended, to
have the work corrected which is in violation before such
registration is reinstated.
Section 308, "Certificate Of Competency Required To Perform Work" is
hereby added as a new section as follows:
Section 308. Certificate Of Competency Required To Perform Work.
(a) Certificate Required. It shall be unlawful, except as
hereinafter provided, for any person, firm, partnership,
corporation, association, or any combination thereof, to
perform or assist in performing any act concerning, affecting
or relating to the installing or servicing of any matter covered
under the provisions of this code unless said person or a
member of said firm, partnership, corporation, association, or
any combination thereof, shall first have been certified by the
mechanical code board as being competent to perform such
act, or unless such person, firm, corporation, partnership,
association, or any combination thereof shall have regularly
and steadily in such person's, firm's, corporation's,
partnership's or association's employ as a person or persons
so certified by such board as being competent to perform the
act or acts governed by the provisions of this code and which
such person, firm, corporation, partnership or association
desires to engage in within the jurisdictional limits of the city.
The holder or holders of certificates of competency shall be
the authorized representative or representatives of said firm,
partnership, person, corporation, association, or combination
thereof, in matters concerning, affecting, or related to
conformance with the provisions of this code. Final
responsibility, however, for compliance with the provisions of
this code shall be with the owner or owners of the firm,
partnership, corporation, association, or any combination
thereof, who agree to undertake the performance of such act
or acts; and said owner or owners shall be responsible for
obtaining from the office of the building official the necessary
permit or permits, approvals, certificates, before any such act
is started at the site of the installing or servicing.
No person, firm, partnership, corporation, association, or any
combination thereof, shall be granted permission to perform
City of Dubuque
14-1F-2 14-1F-2
any act other than that which is specified in the certificate or
certificates of competency possessed by said person, or
member, or employee, or employees of said firm, partnership,
corporation, association, or any combination thereof, and
such act or acts shall be performed under the direct
supervision of such certificate of competency holder or
holders. The provisions of this code shall not prohibit any
person from assisting in the act or acts of installing or
servicing of matter covered by this code when such act or
acts are performed under the direct supervision of a person or
persons so certified to be competent to perform such act or
acts.
Exceptions:
(1) The owner -occupant of a single-family dwelling,
who resides or will reside in that single-family dwelling with no
other person than the members of such owner -occupant's
immediate family, may personally perform any act governed
by this code without obtaining a certificate of competency and
certificate of registration, provided that the owner -occupant
shall first apply for and obtain a permit from the building
official for such act required by this code and has all such
work inspected and approved by the building official and
conforms with all other applicable requirements. No person
qualifying for the owner -occupant exemption shall be eligible
for a subsequent exemption on any other structure for seven
(7) years.
(2) A person need not be certified as competent under
the provisions of this code to perform any of the following:
a. The lubrication of moving parts where required.
b. The replacing of air filters, drive belts, electrical
fuses or lamps, the replenishing of fuel, humidifier
plates and any other such very minor maintenance as
does not alter the capacity, construction, material,
design, combustion, venting control, operation, location
or use, providing such maintenance does not involve
the disconnecting or reconnecting of appurtenances
such as wiring, pipes, ducts, etc.
c. The normal operation and use of equipment covered
by this chapter as intended.
City of Dubuque
14-1F-2 14-1F-2
d. The cleaning of heating surfaces, chimneys, flues,
vents, and such other surfaces that are exposed to the
accumulation of dust or dirt and may require cleaning
frequently.
e. The installation of a fireplace stove not inter-
connected with any central heating unit.
(b) Certificate Issuance. Upon receipt of an application and
examination fee, the mechanical code board, having deter-
mined that the applicant is eligible for examination as
provided herein, shall examine the applicant for competency
in the field or fields, or portions thereof, for which application
was made. Upon the applicant's having passed such
examination, the mechanical code board shall issue the
certificate of competency to the applicant, limiting the validity
of the certificate of competency to the field or fields, class or
classes, for which the applicant applied, was examined, and
was found to be competent.
The examination fee for a certificate of competency shall be
as set by the city manager.
Reexamination fees shall be the same as original examination
fees, as set by the city manager. The fee shall be paid before
the examination, at the time of application; and there shall be
no refund for any reason.
The fee for an examination does not include the fee for any
original certificate of competency. The fee for an original
certificate of competency shall be as set by the city manager
and shall be in addition to the examination fee.
(c) Certificate Of Examination Procedures. Applicants shall be
examined by the mechanical code board to determine their
knowledge of the rules and regulations as set out in the
provisions of this code. Examinations shall be multiple choice,
and a complete record of each shall be kept on file for a
period of one year after the date of such examination at the
office of the building official. Applicants shall be examined
only in matters pertaining to those areas for which a
certificate of competency is requested and tests provided. For
example, if an applicant requests to be certified as competent
to install gas piping, then the applicant's examination shall be
confined to matters concerning, affecting or related to the
City of Dubuque
14-1F-2 14-1F-2
installing of gas piping; if the applicant desires to be certified
as competent to install or service a heat producing appliance,
then the examination shall be confined to matters concerning,
affecting or relating to the installing and servicing of such
appliance, which shall include the storage of fuel, the fuel
supply and return piping, the combustion of the fuels within
the appliance, the venting of the products of combustion, air
ducts, steam or hot water piping, electrical, plumbing and
refrigeration, etc., work incidental to the installing and
servicing of such appliance. The inclusion of any electrical,
plumbing, or other work in this code shall apply only to
method of design of matters covered in this code and shall
not certify the person to be competent in the installing or
servicing of such matters covered by other ordinances or
codes in the city. In each case, the applicant shall only be
certified competent in matters for which the applicant applied
and for which the applicant was examined. The mechanical
code board shall have the authority to determine the
examination to be given to the applicant.
Examination of applicants for a certificate of competency
under the provisions of this code shall be held at least once
every three (3) months, provided one or more applicants have
filed for examination, or more often if the board desires, at
such time and place as the board may designate. A passing
grade shall be not less than seventy five (75) percent of a
possible one hundred (100) percent.
Should an applicant for a certificate of competency fail to
achieve a passing grade and be denied a certificate of
competency, the applicant may apply for reexamination after
the expiration of one month by remaking application and
paying the fee therefor as required.
(d) Transfer Of Certificates Prohibited. It shall be unlawful for
any person holding a certificate of competency to transfer it or
allow the use of it, directly or indirectly, by another person.
(e) Expiration And Renewal Of Certificates. Certificates of
competency expire on the thirty-first day of December of each
year and shall be renewed annually on or before January
thirty-first. The date of such renewal shall be endorsed on the
certificate. In the event the holder of any such certificate of
competency shall fail to renew the same in the manner herein
provided, the certificate shall expire and a new certificate
City of Dubuque
14-1F-2 14-1F-2
shall not be issued without making application for a new
certificate, paying the fee therefor, and submitting to an
examination as required in the first instance. The annual
renewal fee for a certificate of competency shall be as set by
the city manager.
(f) Limitations Of Certificates Of Competency. A person may
be the holder of one or more certificates of competency,
certifying such person as being competent in one or more
matters covered by this code. Such person is limited to
perform or supervise that work for which said person's
certificate of competency certifies such person as being
competent. The possession of a certificate of competency
issued under the provisions of this code does not grant
permission for the holder to perform electrical, plumbing or
other work in connection with matters covered by this code
when licenses or certificates of competency are required
under the provisions of any other national, state or municipal
law, code or ordinance for such work.
(g) Revocation Or Suspension Of Certificates Of Competency.
The mechanical code board may revoke or suspend any
certificate of competency issued under the provisions of this
code for any one or more of the following reasons:
(1) Misrepresentation of a material fact in obtaining
such certificate of competency or the renewal thereof.
(2) Transferring or allowing the use of such certificate
of competency, directly or indirectly, by another person.
(3) Failure to secure the permits, inspections, and
approvals required by this code have been secured as
provided for.
(4) Workmanship or work not in conformity with the
provisions of this code or not in conformity with the permit
issued.
(5) Repeated violations of this code, or failure or
refusal to correct promptly an installation or part thereof made
in an incompetent or improper manner or in violation of any
provision of this code.
City of Dubuque
14-1F-2 14-1F-2
It shall be the duty of the building official to report such
violations to the board.
When a certificate of competency has been suspended three
(3) times, any subsequent violation of this section shall result
in the permanent revocation of such certificate. No certificate
of competency shall be revoked until a public hearing has
been held by the board, at which hearing the holder of such
certificate may appear in person or be represented by
counsel.
A certificate of competency may be suspended for a period
not to exceed six (6) months, and the notice of suspension
may require the person whose certificate of competency is
suspended to correct the work in violation of this code before
such certificate is reinstated.
Table 3-A, "Mechanical Permit Fees" is hereby amended by repealing such
table and adopting in lieu thereof as follows:
Permit Issuance
(1) For the issuance of each permit
(2) For issuing each supplemental permit
Unit Fee Schedule (In Addition To Item (1) Or (2) Above)
(1) For the installation or relocation of each forced -air or
gravity -type furnace or burner, including ducts and
vents attached to such appliance, up to and including
100,000 Btu/h
(2) For the installation or relocation of each forced -air or
gravity -type furnace or burner, including ducts and
vents attached to such appliance over 100,000 Btu/h
(3)
For the installation or relocation of each floorfurnace,
including vent
(4) For the installation or relocation of each suspended
heater, recessed wall heater or floor -mounted unit
heater
(5)
For the installation, relocation or replacement of
each appliance vent installed and not included in an
appliance permit
City of Dubuque
$ 10.00
5.00
12.00
15.00
12.00
12.00
10.00
14-1F-2 14-1F-2
(6) For the repair of, alteration of, or addition to each
heating appliance, refrigeration unit, cooling
unit,absorption unit, or each heating, cooling,
absorption, or evaporative cooling system, including
installation of controls regulated by this code
For the installation or relocation of each boiler or
compressor to and including three (3) horsepower, or
each absorption system to and including 100,000
Btu/h
(7)
(8) For the installation or relocation of each boiler or
compressor over three (3) horsepower to and
including fifteen (15) horsepower, or each absorption
system over 100,000 Btu/h and including 500,000
Btu/h
(9)
For the installation or relocation of each boiler or
compressor over fifteen (15) horsepower to and
including thirty (30) horsepower, or each absorption
system over 500,000 Btu/h to and including
1,000,000 Btu/h
(10) For the installation or relocation of each boiler or
compressor over thirty (30) horsepower to and
including fifty (50) horsepower, or for each
absorption system over 1,000,000 Btu/h to and
including 1,750,000 Btu/h
(11) For the installation or relocation of each boiler or
refrigeration compressor over fifty (50) horsepower,
or each absorption system over 1,750,000 Btu/h
(12) For each air -handling unit to and including 10,000
cubic feet per minute, including ducts attached
thereto
Note: This fee shall not apply to an air -handling unit
which is a portion of a factory -assembled appliance,
cooling unit, evaporative cooler or absorption unit for
which a permit is required elsewhere in this code.
(13) For each air -handling unit over 10,000 cfm - cubic
feet per minute
(14) For each evaporative cooler other than portable type
(15) For each ventilation fan connected to a single duct
(16) For each ventilation system which is not a portion of
any heating or air-conditioning system authorized by
a permit
City of Dubuque
$12.00
12.00
22.00
30.00
45.00
75.00
9.00
15.00
9.00
6.00
9.00
14-1F-2 14-1F-2
(17) For the installation of each hood which is served by $ 9.00
mechanical exhaust, including the ducts for such
hood
(18) For the installation or relocation of each commercial 60.00
or industrial -type incinerator
(19) For each appliance or piece of equipment regulated 9.00
by this code but not classed in other appliance
categories, or for which no other fee is listed in this
code
(20) When chapter 22 is applicable (see section 103), 10.00
permit fees for fuel -gas piping shall be as follows:
For each gas -piping system of 1 to 5 outlets 2.00
For each gas -piping system of more than 5 outlets, 2.00
per outlet
Other Inspections And Fees
(1) Inspection outside of normal business hours, per 30.00
hour
(Minimum charge - 2 hours)
(2) Reinspection fee assessed under provisions of 30.00
section 305(f), each
(3) Inspections for which no fee is specifically indicated, 30.00
per hour
(Minimum charge - one-half hour)
(4) Plan review fees when a plan is required by code, 20.00
per hour of review time
(Minimum of one-half hour charge and charged in
half-hour increments beyond the first hour; plans
which must be sent to Kansas City for review will be
charged for ten (10) hours of review time)
(5)
Additional plan review required by changes,
additions or revisions to approved plans, per hour
(Minimum charge - one-half hour)
City of Dubuque
20.00
14-1F-2 14-1F-2
TABLE NO. 3-B
MECHANICAL EXAMINATION, REGISTRATION
AND CERTIFICATE OF COMPETENCY FEES
1. Initial certificate of registration
2. Initial certificate of competency
3. Renewal certificate of registration
4. Renewal certificate of competency
5. Certificate of competency exam:
(a) City -sponsored
(b) City -sponsored testing agency
$150.00
100.00
75.00
50.00
50.00
Set by the
agency
Appendix B, section 2124, "Operating Permit" is hereby amended by
repealing such section.
Appendix B, section 2125, "Maintenance Inspection" is hereby amended by
repealing such section.
Appendix B, section 2206, "Inspections", is hereby amended by repealing
such section and adopting in lieu thereof the following:
Section 2206. Inspections.
(a) General. Upon completion of installation, alteration or
repair of gas piping, and prior to the use thereof, the building
official shall be notified that gas piping is ready for inspection.
Excavations required for the installation of underground piping
shall be kept open until such time as the piping has been
inspected and approved. If piping is covered or concealed
before approval, it shall be exposed upon the direction of the
building official.
(b) Required Inspections. The building official shall make the
following inspections and shall either approve that portion of
the work as completed, or shall notify the permit holder
wherein the same fails to comply with this chapter.
(1) Rough Piping Inspection. This inspection shall be
made after gas piping authorized by the permit has been
City of Dubuque
14-1F-2 14-1F-2
installed and before any such piping has been covered or
concealed or any fixture or appliance has been attached
thereto. This inspection shall include a determination that the
gas piping size, material and installation meet the require-
ments of this chapter.
(2) Final Piping Inspection. This inspection shall be
made after piping authorized by the permit has been installed
and after all portions thereof which are to be covered or
concealed are so concealed and before fixtures, appliances or
shutoff valves have been attached thereto.
This inspection shall include an air -pressure test, at which
time the gas piping shall stand a pressure of not less than ten
(10) pounds per square inch gage, or, at the discretion of the
building official, the piping and valves may be tested at a
pressure of at least six (6) inches mercury, measured with a
manometer or slope gage. Test pressures shall be held for a
length of time satisfactory to the building official but not less
than fifteen (15) minutes, with no perceptible drop in
pressure. For welded piping, and for piping carrying gas at
pressures in excess of fourteen (14) inches water column
pressure, the test pressure shall be not less than sixty (60)
pounds per square inch and shall be continued for a length of
time satisfactory to the building official but not less than thirty
(30) minutes. Tests shall be made using air pressure only and
shall be made in the presence of the building official.
Necessary apparatus for conducting tests shall be furnished
by the permit holder.
Gas piping installed by a person certified under this chapter
for the installation of gas piping need not have the building
official present for testing of said piping, provided that an
affidavit, in the form furnished by the building official, shall be
executed and submitted by such person to the building official
which certifies that said piping was installed in accordance
with this chapter.
(c) Other Inspections. In cases where the work authorized by
the permit consists of a minor installation of additional piping
to piping already connected to a gas meter, the foregoing
inspections may be waived at the discretion of the building
official. The building official shall make such inspection as the
building official deems advisable in order to assure that the
work has been performed in accordance with this chapter.
(2007 Code § 24-2)
City of Dubuque
14-1G-1 14-1G-1
CHAPTER 1
BUILDING CODES
ARTICLE G. FUEL GAS CODE
SECTION:
14-1G-1: Fuel Gas Code Adopted
14-1G-1: FUEL GAS CODE ADOPTED: Except as hereinafter added
to, deleted, modified or amended, there is hereby adopted by
reference as the fuel gas code of the city that certain fuel gas code known
as the international fuel gas code, 2006 edition, as prepared and edited by
the International Code Council (ICC), and the provisions of such fuel gas
code shall be controlling for the installation, maintenance and use of fuel
gas piping systems, fuel gas utilization equipment, gaseous hydrogen
systems and related accessories within the corporate limits of the city and
shall be known as the Dubuque fuel gas code. A copy of the international
fuel gas code, 2006 edition, as adopted, shall be on file in the office of the
city clerk for public inspection. (Ord. 5-08, 1-22-2008)
City of Dubuque
14-1H-1 14-1H-2
SECTION:
14-1H-1:
14-1 H-2:
CHAPTER 1
BUILDING CODES
ARTICLE H. PLUMBING CODE
International Plumbing Code Adopted
International Plumbing Code Amendments
14-1 H-1: INTERNATIONAL PLUMBING CODE ADOPTED: Except as
hereinafter added to, deleted, modified or amended, there is
hereby adopted by reference as the plumbing code of the city that certain
plumbing code known as the international plumbing code, 2006 edition,
published by the International Code Council, and the provisions of such
plumbing code shall be controlling for the installation, alteration, repair,
relocation, replacement, addition to and use or maintenance of plumbing
equipment and systems in all matters covered by such plumbing code
within the corporate limits of the city and shall be known as the Dubuque
plumbing code. A copy of the international plumbing code, 2006 edition, as
adopted, shall be on file in the office of the city clerk for public inspection.
(Ord. 41-07, 7-16-2007)
14-1 H-2: INTERNATIONAL PLUMBING CODE AMENDMENTS: The
code adopted by section 14-1H-1 of this article is hereby
amended as follows:
Section 30.8 "Licensing, Examination And Registration Of Plumbers
Required" is hereby amended by adding the following to section
30.8(j) as follows:
Section 30.8 (new last paragraph): Master and journeyman
plumbers holding licenses in jurisdictions with similar
licensing requirements as the city of Dubuque and whose
plumbing board or authority having jurisdiction has expressed,
in writing, that they will accept city of Dubuque licenses as
City of Dubuque
14-1H-2 14-1H-2
proof of qualification for a license in their jurisdiction, will not
be subject to testing or interview by the city of Dubuque
plumbing board.
Section 202 of the 2006 international plumbing code is hereby
amended by adding the definition of "approved qualified welder":
Section 202 - Approved Qualified Welder - A person who
specializes in welding of pipes and holds a valid certificate of
competency from a recognized testing laboratory, based on
the requirements of the A.S.M.E. boiler and pressure vessels
code, section IX or as approved by the administrative
authority's testing procedures.
Section 603 of the international plumbing code is hereby amended
by deleting section 603.1 and adding the following:
Section 603.1 Size Of Water Service Pipe. The water service
pipe shall be sized to supply water to the structure in the
quantities and at the pressures required in this code. The
minimum diameter of water service pipe shall be one inch
(1"). Exception: Existing 5/8" lead water services shall be sized
to 3/4" copper upon replacement.
(Ord. 41-07, 7-16-2007)
City of Dubuque
16-2-3 16-2-3
TOURIST HOME: A private home which is rented to tourists or
travelers.
TOWER: A structure situated on a site that is intended for
transmitting or receiving television, radio, or
telephone communications. See also definition
of Antenna.
TOWNHOUSE:
TRANSIT FACILITY:
TREE:
A one -family dwelling unit, with a private
entrance in a group of three (3) or more units,
which part of a structure whose dwelling units
are attached horizontally in a linear arrange-
ment, and having a totally exposed front and
rear wall to be used for access, light, and
ventilation.
A small scale covered waiting area for buses,
taxis, and mass transit stops, typically with a
separate loading lane.
Any self-supporting woody plant growing upon
the earth that usually provides one main trunk
and produces a more or less distinct and
elevated head with many branches.
TREE COVER: An area directly beneath the crown and within
the drip line of the tree.
UPZONING: A change in zoning classification of land to a
more intensive or less restrictive district such as
from residential district to commercial district or
from a single-family residential district to a
multiple -family residential district.
USE:
The purpose or activity for which land or build-
ings are designed, arranged, or intended or for
which land or buildings are occupied or main-
tained.
USE, ACCESSORY: A use incidental, related, appropriate and
clearly subordinate to the main use of the lot or
building, which accessory use does not alter the
principal use of the subject lot or affect other
properties in the district.
June 2010
City of Dubuque
16-2-3 16-2-3
USE, CONDITIONAL:
A use where allowed by the district regulations,
that would not be appropriate generally through-
out the zoning district without restrictions, but
which, if controlled as to number, size, area,
location, relationship to the neighborhood or
other minimal protective characteristics would
not be detrimental to the public health, safety,
and general welfare.
USE, PERMITTED: Any land use allowed without condition within a
zoning district.
USE, PRINCIPAL: The main use of land or structure, as distin-
guished from an accessory use. See also defini-
tion of Building, Principal.
USE, PROHIBITED: Any use of land, other than nonconforming,
which is not listed as a permitted use or
conditional use within a zoning district.
USE, TEMPORARY: Impermanent uses of an occasional nature not
exceeding six (6) months' maximum duration.
Temporary uses shall not involve the use of
permanent structures, permanent signs or
portable signs. Uses of a seasonal nature that
recur periodically on a regular basis on the
same site and reoccupy the same permanent
building shall not be considered temporary
uses.
UTILITY EASEMENT: See definition of Easement.
UTILITY SERVICE:
VARIANCE:
Any device, including wire, pipe, and conduit,
which carries gas, water, electricity, oil, waste-
water and communications into a building or
development.
A relief from or variation from the strict applica-
tion of the bulk regulations, as applied to a
specific piece of property, which may be
granted by the ZBA according to the provisions
of this title.
VEHICLE: A vehicle shall be broadly interpreted to mean
any implement of conveyance designed or used
June 2010
City of Dubuque
16-2-3 16-2-3
YARD, REQUIRED: See definition of Setback.
YARD, SIDE:
YARD, SPECIAL:
The area between a principal building and an
interior property, and extending between the
front yard and rear yard. In the case of double
frontage lots, side yards shall extend between
the front yards. In the case of corner lots, yards
remaining after front yards have been
established shall be considered side yards.
A required yard other than the required front
yard so oriented that neither the terms "side
yard" nor "rear yard" clearly apply. In such
cases the city planner shall determine, based
on topography, location, orientation and pattern
of adjacent structures and development which
yard requirement is more appropriate.
ZONING DISTRICT: A section of the city in which zoning regulations
and standards are uniform.
ZONING MAP, Map delineating the boundaries of zoning
OFFICIAL: districts which, along with the zoning text, is
officially adopted by the Dubuque city council
and on file in the office of the planning services
department. (Ord. 52-09, 10-19-2009)
June 2010
City of Dubuque
16-8B-1 16-8B-2
SECTION:
16-8B-1:
16-8B-2:
16-8B-3:
16-8B-4:
16-8B-5:
16-8B-6:
16-8B-7:
16-8B-8:
CHAPTER 8
COMMERCIAL DISTRICTS
ARTICLE B. C-2 NEIGHBORHOOD SHOPPING
CENTER DISTRICT
Purpose
Principal Permitted Uses
Conditional Uses
Accessory Uses
Temporary Uses
Parking
Signs
Bulk Regulations
16-8B-1: PURPOSE: 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)
16-8B-2: 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.
June 2010
City of Dubuque
16-8B-2 16-8B-3
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.
Personal services.
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)
16-8B-3: CONDITIONAL USES: The following conditional uses may be
permitted in the C-2 district, subject to the provisions of
chapter 13, article A of this title:
Animal hospital or clinic.
Car wash, self-service.
Licensed adult day services.
Licensed childcare center.
June 2010
City of Dubuque
16-8C-1 16-8C-2
CHAPTER 8
COMMERCIAL DISTRICTS
ARTICLE C. C -2A MIXED USE NEIGHBORHOOD DISTRICT
SECTION:
16-8C-1:
16-8C-2:
16-8C-3:
16-8C-4:
16-8C-5:
16-8C-6:
16-8C-7:
16-8C-8:
Purpose
Principal Permitted Uses
Conditional Uses
Accessory Uses
Temporary Uses
Parking
Signs
Bulk Regulations
16-8C-1: PURPOSE: The C -2A district is intended to provide locations
for small mixed use and commercial developments that are
separated by at least one-fourth (1/4) mile, and contain less than two (2)
acres in total developed area that serve one or more neighborhoods. The
C -2A district is intended to be compatible with and serve surrounding
residential areas by providing the goods and services for daily living. The
C -2A district is intended to reduce the need for vehicular trips and provide a
pedestrian friendly walkable development. (Ord. 52-09, 10-19-2009)
16-80-2:
PRINCIPAL PERMITTED USES: The following uses are
permitted in the C -2A district:
Bank, savings and loan, or credit union.
Barber or beauty shop.
General office.
Grocery store (less than 30,000 square feet).
June 2010
City of Dubuque
16-8C-2 16-8C-5
Indoor restaurant (less than 100 seats).
Laundromat.
Personal services.
Place of religious exercise or assembly.
Railroad or public or quasi -public utility, including substation.
Residential use located entirely above the first floor only.
Retail sales and service (less than 3,500 square feet per business).
School of private instruction. (Ord. 52-09, 10-19-2009)
16-8C-3: CONDITIONAL USES: The following conditional uses may be
permitted in the C -2A district, subject to the provisions of
chapter 13, article A of this title:
Animal hospital or clinic.
Licensed adult day services.
Licensed childcare center.
Pet daycare or grooming.
Wind energy conversion systems. (Ord. 52-09, 10-19-2009)
16-8C-4: 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)
16-8C-5: TEMPORARY USES: Temporary uses shall be regulated in
conformance with the provisions of section 16-3-18 of this
title. (Ord. 52-09, 10-19-2009)
June 2010
City of Dubuque
16-8H-1 16-8H-2
CHAPTER 8
COMMERCIAL DISTRICTS
ARTICLE H. CR COMMERCIAL RECREATION DISTRICT
SECTION:
16-8H-1:
16-8H-2:
16-8H-3:
16-8H-4:
16-8H-5:
16-8H-6:
16-8H-7:
16-8H-8:
Purpose
Principal Permitted Uses
Conditional Uses
Accessory Uses
Temporary Uses
Parking
Signs
Bulk Regulations
16-8H-1: PURPOSE: 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)
16-8H-2: 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.
June 2010
City of Dubuque
16-8H-2 16-8H-2
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.
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.
June 2010
City of Dubuque
16-81-2 16-8H-6
Retail sales and service.
Tour home. (Ord. 52-09, 10-19-2009)
16-8H-3: CONDITIONAL USES: The following conditional uses may be
permitted in the CR district, subject to the provisions of
chapter 13, article A 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.
Wind energy conversion system. (Ord. 52-09, 10-19-2009)
16-8H-4: 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)
16-8H-5: TEMPORARY USES: The following uses shall be permitted
as temporary uses in the CR district in conformance with the
provisions of section 16-3-18 of this title:
Any use listed as a permitted use within the district. (Ord. 52-09,
10-19-2009)
16-8H-6: PARKING: Minimum parking requirements shall be regulated
in conformance with the provisions of chapter 19 of this title.
(Ord. 52-09, 10-19-2009)
June 2010
City of Dubuque
16-8H-7 16-8H-7
16-8H-7: SIGNS: Signs shall be regulated in conformance with the
provisions of chapter 20 of this title. (Ord. 52-09, 10-19-2009)
June 2010
City of Dubuque
16-9A-2 16-9A-2
Manufacturing, secondary.
Miniwarehousing.
Mobile home sales.
Moving or storage facility.
Off street parking lot.
Outdoor recreation facility.
Parking structure.
Passenger transfer facility.
Pet daycare or grooming.
Printing or publishing.
Processing, packaging, or storing meat, dairy or food products, but
not including slaughterhouses or stockyards.
Railroad or public or quasi -public utility, including substation.
Resource recovery/recycling center (indoor only).
Restaurant, drive-in or carryout.
Service station.
Tool, die, or pattern making.
Upholstery shop.
Vehicle body shop.
Vehicle sales or rental.
Vehicle service or repair.
Vending or game machine sales or service.
Warehousing or storage facility.
June 2010
City of Dubuque
16-9A-2 16-9A-7
Welding services.
Wholesale sales or distributor. (Ord. 52-09, 10-19-2009)
16-9A-3: CONDITIONAL USES: The following conditional uses may be
permitted in the LI district, subject to the provisions of chapter
13, article A of this title:
Licensed adult day services.
Licensed childcare center.
Wind energy conversion systems. (Ord. 52-09, 10-19-2009)
16-9A-4: ACCESSORY USES: The following uses are permitted as
accessory uses as provided in section 16-3-7 of this title:
Any use customarily incidental and subordinate to the principal use it
serves.
Drive -up automated bank teller.
Wind turbine (building mounted). (Ord. 52-09, 10-19-2009)
16-9A-5: TEMPORARY USES: The following uses may be permitted as
temporary uses in the LI district in conformance with the
provisions of section 16-3-18 of this title:
Any use listed as a permitted use within the district. (Ord. 52-09,
10-19-2009)
16-9A-6: PARKING: Minimum parking requirements shall be regulated
in conformance with the provisions of chapter 19 of this title.
(Ord. 52-09, 10-19-2009)
16-9A-7: SIGNS: Signs shall be regulated in conformance with the
provisions of chapter 20 of this title. (Ord. 52-09, 10-19-2009)
June 2010
City of Dubuque
16-9C-2 16-9C-2
Manufacturing, primary.
Manufacturing, secondary.
Miniwarehousing.
Mobile home sales.
Moving or storage facility.
Off street parking lot.
Parking structure.
Passenger transfer facility.
Pet daycare or grooming.
Printing or publishing.
Processing, packaging, or storing meat, dairy or food products, but
not including slaughterhouse or stockyard.
Railroad or public or quasi -public utility, including substation.
Resource recovery/recycling center (indoor only).
Restaurant, drive-in or carryout.
Service station.
Tool, die, or pattern making.
Upholstery shop.
Vehicle body shop.
Vehicle sales or rental.
Vehicle service or repair.
Vending or game machine sales or service.
Warehousing, packaging, distribution, or storage facility.
June 2010
City of Dubuque
16-9C-2 16-9C-7
Welding services.
Wholesale sales or distributor. (Ord. 52-09, 10-19-2009)
16-9C-3: CONDITIONAL USES: The following conditional uses may be
permitted in the MHI district, subject to the provisions of
chapter 13, article A of this title:
Grain or barge terminal.
Licensed adult day services.
Licensed childcare center.
Wind energy conversion system. (Ord. 52-09, 10-19-2009)
16-9C-4: ACCESSORY USES: The following uses shall 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.
Drive -up automated bank teller.
Wind turbine (building mounted). (Ord. 52-09, 10-19-2009)
16-9C-5: TEMPORARY USES: The following uses shall be permitted
as temporary uses in the MHI district in conformance with the
provisions of section 16-3-18 of this title:
Any use listed as a permitted use within the district. (Ord. 52-09,
10-19-2009)
16-9C-6: PARKING: Minimum parking requirements shall be regulated
in conformance with the provisions of chapter 19 of this title.
(Ord. 52-09, 10-19-2009)
16-9C-7: SIGNS: Signs shall be regulated in conformance with the
provisions of chapter 20 of this title. (Ord. 52-09, 10-19-2009)
June 2010
City of Dubuque
-F- -G-
FUEL GAS CODE
Fuel Gas Code Adopted 14-1G-1
FUNERAL PROCESSIONS 9-7-321.324A
G
GARBAGE (See Also SOLID WASTE) 13-6
GAS FRANCHISE
Acceptance Of Ordinance 43-93 11-4-25
Accessions To Franchise 11-4-6
Acquisition At Expiration 11-4-22
Adoption 11-4-24
Cure Of Defaults 11-4-20
Definitions 11-4-1
Excavations And Other Works 11-4-4
Extension Of Service 11-4-11
Forfeiture Of Franchise 11-4-17
Franchise Fee 11-4-23
Grant Of Franchise 11-4-2
Indemnification 11-4-15
Maps Of Distribution System 11-4-14
Nonassignment 11-4-16
Rates 11-4-12
Regulatory Review 11-4-8
Relocation Of Pipes, Conduit And Services 11-4-5
Reports To City Council 11-4-13
Representation Of Company 11-4-7
Reservation Of Home Rule Powers 11-4-21
Reserved Regulatory Rights 11-4-9
Revival 11-4-19
Severability 11-4-18
Street Usage 11-4-3
Technological Changes 11-4-10
GAS MAIN CONNECTIONS (See Also PUBLIC UTILITIES) 13-3
GENERAL OFFENSES (See Also OFFENSES) 7-5
GENERAL PENALTY, CITY CODE
Civil Penalty 1-4-2
General Penalty 1-4-1
June 2010
City of Dubuque
-H- -H-
H
HAZARDOUS WASTE, SUBSTANCES AND CONDITIONS
Cleanup Required 6-7-3
Definitions 6-7-2
Liability For Cleanup Costs 6-7-4
Notification Of Hazardous Conditions 6-7-5
Penalty 6-7-7
Police Authority 6-7-6
Purpose 6-7-1
Separability Of Provisions 6-7-8
HEALTH AND SAFETY REGULATIONS
Tattooing, State Code Adopted 6-1-1
HEALTH, HOUSING, SANITATION AND ENVIRONMENT
Ambulances 6-3
Fire Prevention Regulations 6-9
Food Establishments And Hotel Sanitation 6-2
Hazardous Waste, Substances And Conditions 6-7
Health And Safety Regulations 6-1
Housing Regulations 6-6
Noises 6-5
Nuisances 6-4
Trees And Weeds 6-8
HEARINGS AND APPEALS
Conduct Of Hearing 2-1-5
Evidentiary Hearings By City Council 1-9
Form Of Notice Of Hearing 2-1-3
General Provisions 2-1-2
Method And Form Of Decision 2-1-6
Purpose And Intent 2-1-1
Subpoenas 2-1-4
HISTORIC BUILDINGS
Administration And Enforcement 14-5-2
Alternate Accessibility Requirements 14-5-7
Alternate Electrical Requirements 14-5-9
Alternate Mechanical Requirements 14-5-8
Alternate Structural Requirements 14-5-6
Building Evaluation Method 14-5-4
Definitions 14-5-3
Miscellaneous Building Requirements 14-5-5
Purpose, Scope And Application 14-5-1
Totally Preserved Buildings Used As Historical Exhibits 14-5-10
HISTORIC PRESERVATION (See Also UNIFIED
DEVELOPMENT CODE) 16-15
HOME BASED BUSINESSES 16-12A
June 2010
City of Dubuque
-L- -M-
LIQUOR CONTROL (cont.)
Investigation Of Applicant And Premises 4-2B-5
License Or Permit Required 4-2B-1
Nature And Scope Of License Or Permit 4-2B-10
Persons Eligible 4-2B-4
Proof Of Financial Responsibility 4-2B-7
Requirement For Premises 4-2B-6
Separate Permits Required For Separate Locations 4-2B-2
Surrender Of Permit Or License; Refund Of Fee 4-2B-12
Suspension And Revocation Generally; Grounds 4-2B-15
Suspension And Revocation; Specific Terms 4-2B-16
Term Of License Or Permit; Seasonal Licenses And
Permits 4-2B-13
Transferability As To Location 4-2B-11
Open Containers In Motor Vehicles 9-7-321.284
Open Containers In Motor Vehicles; Passengers 9-7-321.284A
LITTERING 7-5A-5
LIVESTOCK (See Also ANIMAL CONTROL) 7-6
LONG RANGE PLANNING ADVISORY COMMISSION 15-2
M
MAILBOXES
General 10-3F-1
Nuisance 10-3F-4
Permit 10-3F-2
Placement And Design 10-3F-3
MANAGER, CITY 1-7-4
MAYOR AND CITY COUNCIL
Compensation 1-6-2
Composition; Terms 1-6-1
Emergency Succession For Mayor And Council Members 1-6-4
Evidentiary Hearings By City Council 1-9
Mayor Pro Term 1-6-3
Rules And Procedure
Amendments To Motions 1-6A-8
Attendance Of Media At Council Meetings 1-6A-5
Chart Of Preference Of Motions 1-6A-9
Committees, Boards And Commissions Established 1-6A-13
General Rules 1-6A-2
Motions 1-6A-7
Motions For Special Purposes 1-6A-10
Order Of Business And Agenda 1-6A-11
Ordinances, Resolutions And Motions 1-6A-12
June 2010
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
International Mechanical Code Adopted 14-1F-1
International Mechanical Code Amendments 14-1F-2
MEETINGS
Arts And Cultural Affairs Advisory Commission 2-8-12
Cable Regulatory Commission 11-3C-4
City Council 1-6A-3
Civil Service Commission 2-4-12
Community Tele -Programming Commission 11-3B-4
Environmental Stewardship Advisory Commission 2-6-5B
Historic Preservation Commission 16-15-4
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 16-14-3B
MINORS
Adult Entertainment Establishments, Minors Prohibited In 4-8-16F
Alcoholic Beverages, Regulations Regarding 4-2A-7
Child Restraints In Vehicles 9-12-321.446
Junk And Secondhand Dealers And Pawnbrokers,
Purchases From Minors Restricted 4-6-6
Tobacco Products To Underage Persons 7-5A-15
Underage Persons Entering Gambling Facilities 7-5A-14
1-4
MISDEMEANOR (See Also GENERAL PENALTY, CITY CODE)
MOTOR VEHICLES AND TRAFFIC
Drivers' Licenses
Generally
Operation Of Motor Vehicle With Expired License
Operation Without Registration
Operator's License; Operation Of Commercial
Motor Vehicles 9-4-321.174
Restricted Licenses 9-4-321.193
Licensees And Nonoperators Identification Cards;
Violations
Employing Unlicensed Chauffeur 9-4-321.221
Inspection Of License Prior To Renting 9-4-321.223
Permitting Unauthorized Minor To Drive 9-4-321.219
June 2010
9-4-321.174A
9-4-321.98
City of Dubuque
-M- -M-
MOTOR VEHICLES AND TRAFFIC (cont.)
Permitting Unauthorized Person To Drive 9-4-321.220
Records Of Rentals 9-4-321.224
Renting Motor Vehicle To Unlicensed Persons 9-4-321.222
Unlawful Use Of License 9-4-321.216
Equipment
Brakes, Hitches, And Sway Control
Brake Requirements 9-12-321.430
Performance Ability Of Brakes 9-12-321.431
Lighting Equipment
Clearance And Identification Lights On Trucks,
Trailers, And Semitrailers 9-12-321.392
Headlamps On Motor Vehicles 9-12-321.385
Headlamps On Motorcycles And Motorized
Bicycles 9-12-321.386
Illuminating Plates 9-12-321.388
Lamp Or Flag On Projecting Load 9-12-321.394
Lamps On Other Vehicles And Equipment 9-12-321.398
Lamps On Parked Vehicles 9-12-321.395
Mandatory Lighting Equipment 9-12-321.409
Rear Lamps 9-12-321.387
Red Light In Front 9-12-321.422
Required Usage Of Lighting Devices 9-12-321.415
Signal Lamps And Devices 9-12-321.404
Spot Lamps 9-12-321.402
When Lighted Lamps Required 9-12-321.384
Miscellaneous Equipment
Child Restraint Devices 9-12-321.446
Horns And Warning Devices 9-12-321.432
Metal Tires Prohibited 9-12-321.441
Mirrors 9-12-321.437
Mufflers, Prevention Of Noise 9-12-321.436
Projections On Wheels 9-12-321.442
Restrictions As To Tire Equipment 9-12-321.440
Safety Belts And Safety Harnesses 9-12-321.445
Sirens And Bells Prohibited 9-12-321.433
Windshield Wipers 9-12-321.439
Windshields And Windows 9-12-321.438
Safety Standards
Movement Of Unsafe Or Improperly Equipped
Vehicles 9-12-321.381
Sale Of Unsafe Vehicles 9-12-321.381A
Upgrade Pulls; Minimum Speed 9-12-321.382
General Provisions
Applicability Of Title 9-1-321.2
Definitions 9-1-321.1
June 2010
City of Dubuque
-M- -M-
MOTOR VEHICLES AND TRAFFIC (cont.)
Impoundment Of Vehicles
Generally
Intent And Purpose 9-15-321.750
Scofflaw
Owner Responsibility 9-15-321.752
Removal And Impoundment 9-15-321.751
Street Storage
Definition 9-15-321.761
Exclusion 9-15-321.763
Intent And Purpose 9-15-321.760
Unattended Vehicles 9-15-321.762
Towing And Storage
Auction Of Vehicles 9-15-321.772
Notice To Owner 9-15-321.770
Unauthorized Removal Of Vehicle 9-15-321.771
Miscellaneous City Provisions
Administration
Arrest, Notice To Appear 9-16-321.1000
Authority Of Peace Officers To Stop Vehicles 9-16-321.1002
Records Of Violations 9-16-321.1001
Noise
Vehicular Noise 9-16-321.800
Prohibited Activities
Moving Vehicle Into Prohibited Area 9-16-321.2000
Operation Of Advertising Vehicles 9-16-321.2002
Repairs 9-16-321.2001
Trucks And/Or Machinery
Engine Brakes And Compression Brakes 9-16-321.805
Heavy Vehicles Prohibited On Certain Bridges . . 9-16-321.903
Motor Truck Routes 9-16-321.901
Motor Truck Routes Prohibited On Designated
Streets 9-16-321.902
Vehicles With Caterpillar Wheels Or Heavy Lugs
Restricted 9-16-321.900
Miscellaneous Rules
Cleaning Up Wrecks 9-10-321.371
Coasting 9-10-321.365
Crossing Fire Hose 9-10-321.368
Duty Of Driver Approaching Crest Of Hills, Blind
Curves 9-10-321.363A
Following Fire Apparatus 9-10-321.367
Obstruction To Driver's View 9-10-321.363
Responsibility When Leaving Motor Vehicle
Unattended 9-10-321.362
Use Of Electronic Communications Devices Prohibited
While Driving Motor Vehicle 9-10-321.400
June 2010
City of Dubuque
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
International Plumbing Code Adopted 14-1H-1
International Plumbing Code Amendments 14-1H-2
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
Offenses 7-5
Crime Property 7-5C
Drug Paraphernalia 7-5B
General Offenses 7-5A
Police Department 7-1
PROPERTY TAX
Partial Exemption From Property Taxation 3-1-1
June 2010
City of Dubuque
-P- -P-
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
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
June 2010
City of Dubuque