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Supplement No. 01 - Code of Ordinances - October 20097600 Mineral Drive,: Coeur d'Alene, Idaho ,83815 (208) 7;62 3449 (800) 338 7458 INSTRUCTION SHEET: DUBUQUE, Iowa Supplement No..-1/October, 200' Includes Ordinances:, 26-09, 30-09 through 35-09, 7-09 through 40-09, 43-09 through 46-09, and 48-09 REMOVE PAGE :HEADED INSERT NEW PAGE HEADED Preface ,. ,and;following two pages TABLE OF CONTENTS: -Table Of "Contents, Title l , Administration.; ,rand";following page TITLE • 1: j 1-4-1, Chapter 4, General Penalty TITLE 2.: title 2, Boards And Commissions -5A-1, Chapter 5, Article A. Municipal;, 7-1 Chapter 7, :Board Of Library and following page TITLE 6: .,/6-9-1, Chapter 9, Fire Prevention -4 C. License Required;. Fee TITLE 7: LVTitle 7, Police, Fire And Public Safety bleOf Contents Title 1, Administration` nd'fallowing page 1, Chapter:4, General Penalty; re 2, Boards A"nd Com"missions j'2 -5A; Chapter 5, Article. A Municipal t/2�7 1, Chapter 7," Board Of Library and following .page -9-1, Chapter 9, Fire Prevention 6-9-4, C. License Required; Fee file 7, Police, Fire And Public Safety -7-1 Chapter 7, Bicycles and following, four pages (insert immediately after page headed 7-6E-5, a securely fenced yard) TITLE' 9: /6-1-321.1, Chapter_1, General Provisions. L.•9-1-321.1,School District: The territory 9, 5-321.229 Chapter 5, Obedience To -321:725,-The permit =fee shall be 1-321.1, `Chapter 1,".General Provi"sions fr91•321.1; .Sc • hool" .District: The territory '5-321.229, Chapter "5, Obedience To" and';following page %8'14-321.725', TheTpermit fee shall be and following page REMOVE PAGE HEADED TITLE 10: 10-1-1, Chapter 1, ,Streets, Sidewalks and following three. pages VOLUME II TABLE OF CONTENTS: Table Of Contents, Title 1, Administration and following page TITLE 13: 1A-1, Chapter 1, Article A. Connections and following six pages TITLE 14: 14-1A-4, 3. At its next regular meeting j4-6-7, F. William M. Black Landmark dnd following page INDEX: I ;A-, Alarm System Permits (cont.) and following page' , Excavations and following two pages✓ �P-, Planning And Zoning -5-, Swimming Pools and following pageU_. INSERTNEW: PAGEHEADED 10-1-1, Chapter 1, Streets, Sidewalks end following three pages - LTable Of Contents, Title 1, Administration and following page Chapter 1, Article A. Connections and following six pages 1/14-1A-4, 3. At its next regular meeting X4-6-7, F. William. M. Black Landmark Land following twp pages -, Alarm System Permits (cont.) and following two pages , Excavations and following two pages L/ -,_Planning And Zoning Swimming Pools and following page PREFACE This city code of the city of Dubuque, as supple- mented, contains ordinances up to and including ordinance 25-09, passed May 4, 2009. Ordinances 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, Inc. Coeur d'Alene, Idaho City of Dubuque TABLE OF CONTENTS TITLE 1 Administration Dubuque City Code 1 Saving Clause 2 Definitions 3 General Penalty 4 Charter 5 Mayor And City Council 6 Rules And Procedure 6A City Officers And Employees 7 Elections, Precincts And Wards 8 Evidentiary Hearings By City Council 9 Miscellaneous Administrative Provisions 10 Emergency Succession During Disaster 11 TITLE 2 Boards And Commissions Hearings And Appeals Civil Service Commission Investment Oversight Advisory Commission Civic Center Advisory Commission Housing Agency And Community Development Commissions Municipal Housing Agency And Governing Board Housing Commission Community Development Advisory Commission Trust Fund Advisory Committee Environmental Stewardship Advisory Commission Board Of Library Trustees Arts And Cultural Affairs Advisory Commission TITLE 3 Revenue And Taxation Property Tax 1 Revitalization Areas 2 Hotel And Motel Tax 3 Economic Development 4 Industrial Projects 4A Enterprise Zone Commission 4B Speculative Shell Buildings Of Community Development Organizations And For Profit Entities 4C Residential Relocation Assis- tance Program 4D TITLE 4 Business And License Regulations Business Licenses 1 Generally 1 2 Liquor Control 2 Alcoholic Beverages 2A 3 Liquor, Beer And Wine 4 Licenses And Permits 2B Excursion Boat Admission 5 Fees 3 Central Market 4 5A Door To Door Sales 5 5B Junk And Secondhand Dealers And Pawnbrokers 6 5C Vehicles For Hire And Public Transportation 7 5D Nonmotorized Vehicles 7A Motorized Vehicles For Hire . 7B 6 Adult Entertainment Establish - 7 ments 8 Peddlers And Transient 8 Merchants 9 City of Dubuque TITLE 5 Transit System Transit Advisory Board; General Provisions TITLE 6 Health, Housing, Sanitation And Environment 1 Health And Safety Regulations 1 Food Establishments And Hotel Sanitation 2 Ambulances 3 Nuisances 4 Noises 5 Housing Regulations 6 Hazardous Waste, Substances And Conditions 7 Trees And Weeds 8 Fire Prevention Regulations 9 TITLE 7 Police, Fire And Public Safety Police Department 1 Fire Department 2 Emergency Management 3 Alarm System Permits 4 Offenses 5 General Offenses 5A Drug Paraphernalia 5B Crime Property 5C Animal Control 6 Miscellaneous Provisions 6A Dogs And Cats 6B Rabies Control 6C Dangerous Animals 6D Potentially Vicious Dogs 6E TITLE 8 Human Rights Definitions; General Provisions 1 Human Rights Commission 2 Unfair And Discriminatory Practices 3 Disability Discrimination 3A Enforcement Of Civil Rights 4 Fair Housing 5 TITLE 9 Motor Vehicles And Traffic General Provisions 1 Registration, Certification Of Title, And Proof Of Security Against Financial Liability 2 Special Antitheft Law 3 Drivers' Licenses 4 Obedience To And Effect Of Traffic Laws 5 Powers Of Local Authorities 6 Operation 7 Pedestrians' Rights And Duties 8 Special Stops Required 9 Miscellaneous Rules 10 School Buses 11 Equipment 12 Size, Weight And Load 13 Parking 14 Impoundment Of Vehicles 15 Miscellaneous City Provisions 16 TITLE 10 Public Ways And Property Streets, Sidewalks And Other Public Places City of Dubuque 1 TITLE 10 (cont.) Excavations Encroachments On Public Places 3 Waste Collection Receptacles 3A Newsracks 3B Projecting Signs 3C Other Encroachments 3D Sidewalk Cafes 3E Parades And Assemblies 4 Parks And Recreation 5 Administration 5A Use Regulations 5B Specific Parks 5C Railroads 6 Boats, Boating And Waterfront Structures 7 TITLE 12 2 Airport TITLE 11 Rights Of Way Nonfranchised Communications Systems 1 Cable Right Of Way Regulations 2 Cable Communications 2A Open Video Systems 2B Cable Television 3 Cable Franchise Agreement .. 3A Community Tele -Programming Commission 3B Cable Regulatory Commission 3C Rates And General Regulations 3D Cable Services Customer Service Standards Gas Franchise Electric Franchises Interstate Power Company Maquoketa Valley Electric Cooperative Administration And Enforcement 1 General Regulations 2 Airport Zoning Regulations 3 TITLE 13 Public Utilities Water Use And Service 1 Connections 1A Water Meters 1B Rates 1C Cross Connection Control 1D Sewers And Sewage Disposal .. 2 Discharge Regulations 2A Private Disposal Systems; Private Haulers 2B Rates 2C Industrial Pretreatment Program 2D Gas Main Connections 3 Stormwater Management 4 Illicit Connections And Discharges To Storm Sewer System 5 Solid Waste 6 City Or Private Collection Service 6A TITLE 14 Building And Development 3E Building Codes 1 4 Building Code And Regulations . 1A 5 Residential Code 1B 5A Energy Conservation Code 1C Electrical Code 1D 5B Fire Code And Regulations 1E City of Dubuque TITLE 14 (cont.) Mechanical Code 1F Fuel Gas Code 1G Plumbing Code 1H Accessibility Code For Readily Achievable Changes 11 Building Construction, Demoli- tion And Moving 2 Dangerous Buildings 3 Licensing Of Vacant And/Or Abandoned Buildings 4 Historic Buildings 5 Historic Preservation 6 Condominium Conversions 7 Exterior Storage Containers And Storage Trailers 8 Swimming Pools 9 Signs 10 Flood Areas 11 Erosion And Sediment Control 12 TITLE 15 Planning And Zoning Comprehensive Plan 1 Long Range Planning Advisory Commission 2 Zoning Advisory Commission 3 TITLE 16 Subdivisions Definitions And General Subdivision Regulations 1 Platting Procedures 2 Design And Improvement Standards 3 INDEX APPENDIX A Zoning Introduction 1 General Provisions 2 District Regulations 3 Supplemental Provisions 4 Administration And Enforcement 5 Zoning Reclassification And Text Amendment Procedure 6 Fee Schedule 7 Definitions 8 Adoption And Repeal Of Conflicting Ordinances 9 City of Dubuque 1-4-1 1-4-2 SECTION: 1-4-1: 1-4-2: CHAPTER 4 GENERAL PENALTY General Penalty Civil Penalty 1-4-1: GENERAL PENALTY: The doing of any act prohibited or declared to be unlawful, an offense or a misdemeanor by this code or any ordinance or code herein adopted by reference, or the omission or failure to perform any act or duty required by this code or any ordinance or code herein adopted by reference is, unless another penalty is specified, punishable by a fine in a sum not to exceed five hundred dollars ($500.00) or imprisonment not to exceed thirty (30) days. (2007 Code § 1-8) 1-4-2: CIVIL PENALTY: A. Definitions: MUNICIPAL Except those provisions specifically provided INFRACTION: under state law as a felony, an aggravated misdemeanor, or a serious misdemeanor or a simple misdemeanor under chapters 687 through 747 of the code of Iowa, the doing of any act prohibited or declared to be unlawful, an offense or a misdemeanor by this city code, or any ordinance or code herein adopted by reference, or omission or failure to perform any act or duty required by this city code, or any ordinance or code herein adopted by reference, is a "municipal infraction" and is punishable by civil penalty as provided herein. OFFICER: Any employee or official authorized to enforce the code of ordinances of the city of Dubuque. City of Dubuque 1-4-2 1-4-2 REPEAT A recurring violation of the same section of the OFFENSE: code of ordinances. (2007 Code § 1-15) B. Penalties: 1. A municipal infraction is punishable by a civil penalty as provided in the following schedule, unless a specific schedule of civil penalties is provided for specific offenses elsewhere in this code: SCHEDULE OF CIVIL PENALTIES First offense Not to exceed $750.00 All other repeated offenses Not to exceed $1,000.00 2. Each day that a violation occurs or is permitted to exist by the violator constitutes a separate offense. 3. Seeking a civil penalty as authorized in this chapter does not preclude the city from seeking alternative relief from the court in the same action as provided in the code of Iowa. (Ord. 60-06, 9-5-2006; amd. 2007 Code § 1-16) C. Civil Citations: 1. Any officer authorized by the city manager may issue a civil citation to a person who commits a municipal infraction. 2. The citation shall be served in a manner prescribed by the code of Iowa. (2007 Code § 1-17) D. Notice Of Violation: Municipal infractions may be initially brought upon simple notice of violation and if the person charged admits the violation, upon payment of the penalty to the city and the performance of any other act required by law to be performed, such person shall not be further prosecuted or assessed any costs or other expenses for such violation, and the city shall retain all penalties thus collected. Where a municipal infraction is not admitted upon simple notice by the person charged or where the person charged fails to perform any other act required to be performed, or both, a civil citation shall be filed with the court. A civil citation seeking a penalty for a municipal infraction, with or without additional relief, may be initially filed in the court. This subsection does not impose a duty to initially charge all municipal infractions upon simple notice of violation. (Ord. 59-05, 10-17-2005) City of Dubuque TITLE 2 BOARDS AND COMMISSIONS Subject Chapter Hearings And Appeals 1 Civil Service Commission 2 Investment Oversight Advisory Commission 3 Civic Center Advisory Commission 4 Housing Agency And Community Development Commissions 5 Municipal Housing Agency And Governing Board 5A Housing Commission 5B Community Development Advisory Commission 5C Trust Fund Advisory Committee 5D Environmental Stewardship Advisory Commission 6 Board Of Library Trustees 7 Arts And Cultural Affairs Advisory Commission 8 City of Dubuque 2-5A-1 2-5A-1 CHAPTER 5 HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMISSIONS ARTICLE A. MUNICIPAL HOUSING AGENCY AND GOVERNING BOARD SECTION: 2-5A-1: Designation; Presiding Officer 2-5A-1: DESIGNATION; PRESIDING OFFICER: A. Intent And Purpose: The city council has determined it to be in the public interest for the city to directly exercise its municipal housing powers under Iowa Code chapter 403A. The city is the designated municipal housing agency for the city and shall exercise all the powers as are provided for in Iowa Code chapter 403A. The govern- ing body of the municipal housing agency shall be the municipal housing governing board, referred to in this chapter as the "governing board", consisting of the city council and one member appointed as provided in subsection B of this section. The governing board shall comply with the procedural rules of the city council and shall have final jurisdiction over all matters of the municipal housing agency. The city manager is authorized to direct, administer, and manage the agency through the department of housing and community development. B. Appointed Member: The appointed member of the governing board shall be the member of the housing commission appointed pursuant to subsection 2 -5B -3E of this chapter. C. Presiding Officer: The mayor shall preside at all meetings of the governing board and shall execute agreements, deeds and other documents as mayor of the city of Dubuque. (2007 Code § 15-11) City of Dubuque i 2-7-1 2-7-4 CHAPTER 7 BOARD OF LIBRARY TRUSTEES SECTION: 2-7-1: Composition 2-7-2: Eligibility For Membership 2-7-3: Compensation 2-7-4: Terms Of Members; Filling Of Vacancies 2-7-5: Powers And Duties Generally 2-7-6: Charge Of Building, Donations 2-7-7: Annual Reports 2-7-1: COMPOSITION: The Carnegie -Stout Free Public Library of the city shall be under the control and direction of the board of library trustees. Such board shall consist of seven (7) members who shall be appointed by the mayor with the approval of the city council. (2007 Code § 30-1) 2-7-2: ELIGIBILITY FOR MEMBERSHIP: Citizens and residents of the city, male or female, over the age of eighteen (18) years, are alone eligible for membership on the board mentioned in section 2-7-1 of this chapter. (2007 Code § 30-2) 2-7-3: COMPENSATION: Members of the board shall receive no compensation for their services. (2007 Code § 30-3) 2-7-4: TERMS OF MEMBERS; FILLING OF VACANCIES: Each member of the board shall hold office for four (4) years and until such member's successor is appointed and qualified. The term of office of any member shall commence July 1 in the year in which the member is appointed. Vacancies occurring on the board through death, resignation or permanent removal from the city shall be filled by the mayor with the approval of the city council, but such appointments shall be made City of Dubuque 2-7-4 2-7-5 to fill out the unexpired term for which the appointment is made. (2007 Code § 30-4) 2-7-5: POWERS AND DUTIES GENERALLY: A. Powers: The board of library trustees shall have and exercise the following powers: 1. To meet and organize by the election of one of their number as president of the board, and by the election of a secretary and such other officers as the board may deem necessary; 2. To have charge, control and supervision of the public library, its appurtenances and fixtures, and rooms containing the same, directing and controlling all the affairs of such library; 3. To employ a librarian, such assistants and employees as may be necessary for the proper management of said library, and fix their compensation; but, prior to such employment, the compensation of such librarian, assistants and employees shall be fixed for the term of employment by a majority of the members of said board voting in favor thereof; 4. To remove such librarian, assistants or employees by a vote of two-thirds (2/3) of such board for good cause; 5. To select and make purchases of books, pamphlets, magazines, periodicals, papers, maps, journals, furniture, fixtures, stationery and supplies for such library; 6. To authorize the use of such library by nonresidents of the city and to fix charges therefor; 7. To make and adopt, amend, modify or repeal bylaws, rules and regulations, not inconsistent with law, for the care, use, government and management of such library and the business of said board, fixing and enforcing penalties for the violation thereof; 8. To have exclusive control of the expenditures of all taxes levied for library purposes as provided by law, and of the expenditure of all monies available by gift or otherwise, for the erection of library buildings and of all other monies belonging to the library fund; City of Dubuque 2-7-5 2-7-7 9. To contract with the trustees of the township or the board of supervisors of the county or of adjacent townships or counties, or with the trustees or governing bodies of neighboring towns or cities not having library facilities for the public, to loan the books of said library, either singly or in groups, upon such terms as may be agreed upon in such contract. B. Record Of Proceedings: The board shall keep a record of its proceedings. (2007 Code § 30-5) 2-7-6: CHARGE OF BUILDING, DONATIONS: The board shall have charge and control of the Carnegie -Stout Free Public Library building and all gifts and donations to the city for library purposes, and see that the same are properly preserved for public use. (2007 Code § 30-6) 2-7-7: ANNUAL REPORTS: The board shall each year make a report to the city council for the year ending December 31, giving a statement of the condition of the library, the number of books added thereto, the number circulated, the number not returned or lost, the amount of fines collected, and the amount of money expended in the maintenance thereof during such year, together with such other information as may be deemed important. (2007 Code § 30-7) City of Dubuque 6-9-1 6-9-1 CHAPTER 9 FIRE PREVENTION REGULATIONS SECTION: 6-9-1: Smoking, Carrying Lighted Objects In Specified Places Restricted 6-9-2: Burning Restrictions 6-9-3: Blasting, Fireworks And Open Burning; Permits And Fees 6-9-4: Service Stations 6-9-5: Bulk Storage Tank Licenses 6-9-1: SMOKING, CARRYING LIGHTED OBJECTS IN SPECIFIED PLACES RESTRICTED: A. Places Enumerated: No person shall smoke or carry a lighted cigar, cigarette, pipe or match, or use any spark, flame or fire producing device not especially authorized for use in such places by the fire chief, in any of the following places: 1. Retail Stores: Retail stores designed and arranged to accommo- date more than one hundred (100) persons, or in which more than ten (10) persons are employed. This prohibition shall not apply to smoking in restrooms, restaurants, executive offices, or beauty parlors in retail stores, when specifically approved by the fire chief by written order to the person having control of the premises upon a finding that such use therein is not dangerous to life or property. 2. Elevators: Elevators, regardless of capacity, in any public place. 3. Public Lodging Houses: In beds in hotels, dormitories and rooming and lodging houses. A printed notice advising the occupant of the effect of this section shall be posted in a conspicuous place in every room of the building. 4. Public Theaters: During a performance in public theaters, motion picture houses, auditoriums, gymnasiums, and the like, including the City of Dubuque 6-9-1 6-9-2 dressing rooms, except that the prohibition of this section shall not apply to smoking rooms and areas and restrooms when specifically approved by the fire chief by written order to the person having control of the premises, upon a finding that such use therein is not dangerous to life or property. The prohibition of this section shall not be construed to prohibit smoking by performers on the stage as part of any theatrical production. 5. Transit Authority Buses: Buses operated by the Dubuque transit authority of the city and any other motor vehicle operated by such authority hauling fare paying passengers in the city. B. Permitting Violation Unlawful: It shall be unlawful for any person or such person's agent, having control of any premises or place to knowingly permit a violation of this section. C. Authority To Post Signs: The fire chief shall have the authority to order "smoking prohibited by law" signs erected in any place of public assemblage where, in the fire chief's opinion, smoking or the carrying of a lighted cigar, cigarette, pipe or match, or any use of any spark, flame or fire producing device, not specifically authorized for use in such place, would constitute a menace to life or property. D. Display Of Signs: Every person, or such person's agent, having control of the premises upon which smoking or the carrying of lighted objects is prohibited by, or under the authority of this section, shall conspicuously display upon the premises signs reading "Smoking Prohibited By Law" in such number and in such location and of such size as the fire chief may find reasonable and necessary. E. Smoking Prohibited: No person shall smoke in any properly placarded place, nor shall any person remove any placard required to be erected by or under the authority of this section. (2007 Code § 19-6) 6-9-2: BURNING RESTRICTIONS: A. Solid Waste: 1. It shall be unlawful for any person to burn or incinerate any solid waste within the city except by permission of the city manager. This subsection shall apply to all solid waste as defined by the Iowa department of natural resources and shall specifically include all wastepaper, boxes, building materials, yard waste, tree stumps, and City of Dubuque 6-9-4 6-9-5 C. License Required; Fee: No person shall engage in the operation of any service station within the city without first obtaining an annual license therefor from the chief of the fire department. The applicant shall pay a fee therefor as established by the chief. (2007 Code § 19-43) D. Applications: Applicants for a service station license shall file with the chief an application showing: 1. The name and address of the applicant; 2. The location of the service station; 3. The name and address of the owner of the premises on which the service station is located; 4. The name and address of the operator of the service station; and 5. The amount of class I flammable liquid storage provided in such service station. (2007 Code § 19-44) E. Fees And Requirements For Licenses: Fees and requirements for service station licenses shall be established by the chief of the fire department. (2007 Code § 19-45) F. Expiration; Renewal: The license required by this section shall expire on June 30 following the issuance thereof and renewal fees for such licenses shall be due July 1 of each year for the following year and shall become delinquent if unpaid by July 10 of each year. A penalty fee shall be added to all delinquent fees. (2007 Code § 19-46) 6-9-5: BULK STORAGE TANK LICENSES: A. License Required; Fee: No person shall engage in the operation or business of storing, handling or dispensing of corrosive, flammable, or combustible liquids, including liquid petroleum gas (LPG) at any location within the city without first securing an annual license from the chief of the fire department and paying a fee therefor. (2007 Code § 19-61) B. Exemption: Service stations licensed under section 6-9-4 of this chapter, fuel oil used in connection with oil burning equipment located on or in the premises in which the fuel oil is stored and liquid petroleum gas (LPG) used in connection with equipment located on City of Dubuque 6-9-5 6-9-5 or in the premises in which the liquid petroleum gas (LPG) is stored are not subject to the licensing requirements of this section. (2007 Code § 19-62) C. Fees And Requirements: Fees and requirements for bulk storage licenses shall be established by the chief of the fire department. (2007 Code § 19-63) D. Expiration; Renewal: The license required by this section shall expire on June 30 following the issuance thereof and renewal fees for such licenses shall be due July 1 of each year for the following year and shall become delinquent if unpaid by July 10 of each year. A penalty fee shall be added to all delinquent fees. (2007 Code § 19-64) City of Dubuque TITLE 7 POLICE, FIRE AND PUBLIC SAFETY Subject Chapter Police Department 1 Fire Department 2 Emergency Management 3 Alarm System Permits 4 Offenses 5 General Offenses 5A Drug Paraphernalia 5B Crime Property 5C Animal Control 6 Miscellaneous Provisions 6A Dogs And Cats 6B Rabies Control 6C Dangerous Animals 6D Potentially Vicious Dogs 6E City of Dubuque 9-1-321.1 9-1-321.1 CHAPTER 1 GENERAL PROVISIONS SECTION: 9-1-321.1: Definitions 9-1-321.2: Applicability Of Title 9-1-321.3 - 9-1-321.16: Reserved 9-1-321.1: DEFINITIONS: The following words and phrases, when used in this title shall, for the purpose of this title, have the meanings respectively ascribed to them in this section: ALL -TERRAIN A motor vehicle designed to travel on three (3) VEHICLE: or more wheels and designed primarily for off road use, but not including farm tractors, construction equipment, forestry vehicles, or lawn and grounds maintenance vehicles. 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 device having two (2) wheels and having at least one saddle or seat for the use of a rider which is propelled by human power. BUSINESS DISTRICT: The territory contiguous to and including highway when fifty percent (50%) or more of the frontage thereon for a distance of three hundred City of Dubuque 9-1-321.1 9-1-321.1 CHAUFFEUR: CITY MANAGER: CROSSWALK: feet (300') or more is occupied by buildings in use for business. Any person who operates a motor vehicle, including a school bus, in the transportation of persons for wages, compensation, or hire, or a person who operates a truck tractor, road tractor, or any motor truck which is required to be registered at a gross weight classification exceeding five (5) tons, or any such motor vehicle exempt from registration which would be within the gross weight classification if not so exempt. A person is not a chauffeur when the operation of the motor vehicle, other than a truck tractor, by the owner or operator is occasional and merely incidental to the owner's or operator's principal business. A person is not a chauffeur when the operation is by a volunteer firefighter operating fire apparatus, or is by a volunteer ambulance or rescue squad attendant operating ambulance or rescue squad apparatus. If a volunteer firefighter, ambulance, or rescue squad operator receives nominal compensation not based upon the value of the services performed, the firefighter or operator shall be considered to be receiving no compensation and classified as a volunteer. A farmer or the farmer's hired help is not a chauffeur when operating a truck, other than a truck tractor, owned by the farmer and used exclusively in connection with the transportation of the farmer's own products or property. The official having jurisdiction to post signs or direct the placement of signs consistent with this title includes the city manager's designee. That portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections, or any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface. City of Dubuque 9-1-321.1 9-1-321.1 SCHOOL DISTRICT: SEMITRAILER: SIDEWALK: SOLID TIRE: STREET OR HIGHWAY: SUBURBAN DISTRICT: THROUGH (OR THRU) HIGHWAY: The territory contiguous to and including a highway for a distance of two hundred feet (200') in either direction from a schoolhouse in a city. Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its Toad rests upon or is carried by another vehicle. Wherever the word "trailer" is used in this title, the same shall be construed to also include "semitrailer". A "semitrailer" shall be considered in this title separately from its power unit. That portion of street between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians. Every tire of rubber or other resilient materials which does not depend upon compressed air for the support of the load. The entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public as a matter of right for purposes of vehicular traffic. All other parts of a city or town not included in the business, school, or residence districts. Every highway or portion thereof at the entrances to which vehicular traffic from inter- secting highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided by law or such entrances are controlled by a peace officer or traffic control signal. The term "arterial" shall be synonymous with "through" or "thru" when applied to highways of this city. City of Dubuque 9-1-321.1 9-1-321.1 TRAFFIC: Pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for purposes of travel. TRAILER: Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. TRUCK TRACTOR: Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. U-TURN: The turning from one side to the other on a street and proceeding in a reverse direction. VEHICLE: Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway. "Vehicle" does not include: A. Any device moved by human power. B. Any device used exclusively upon stationary rails or tracks. C. Any integral part of a truck tractor or road tractor which is mounted on the frame of the truck tractor or road tractor immediately behind the cab and which may be used to transport persons and property but which cannot be drawn upon the highway by the truck tractor or another motor vehicle. D. Any steering axle, dolly, auxiliary axle, or other integral part of another vehicle which in and of itself is incapable of commercially transporting any person or property but is used primarily to support another vehicle. (Ord. 43-08, 6-16-2008; amd. Ord. 44-08, 6-16-2008) 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; Highway Use 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. City of Dubuque 9-5-321.231 9-5-321.236 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; HIGHWAY USE: All -terrain vehicles shall be operated on a roadway only between sunrise and sunset and only when the operation on the roadway is incidental to the vehicle's use for agricultural purposes. A person operating an all -terrain vehicle on a roadway shall have a valid operator's license and the vehicle shall be operated at speeds of less than thirty (30) miles per hour. 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 less than thirty (30) square inches, be Day-Glo in color, and shall be in lieu of the reflective equipment required by section 321.383 of the code of Iowa. (Ord. 44-08, 6-16-2008) 9-5-321.235 — 9-5-321.236: RESERVED: (Ord. 44-08, 6-16-2008) City of Dubuque 9-14-321.725 9-14-321.726 The permit fee shall be used to offset the cost of operation and administration of the residential parking permit program. Permit fees are not refundable or eligible for proration. One guest parking permit shall be issued without charge with each residential parking permit for use only by nonresidents of the residential parking permit district. Up to two (2) guest parking permits for which an annual fee established by the city manager shall be charged may be issued to a dwelling unit wherein none of the residents own or operate a motor vehicle. B. The residential parking permit shall be permanently affixed to the inside bottom left corner of the front windshield. Guest permits shall be displayed in the same location. Vehicles not equipped with a front windshield shall permanently affix the permit in a prominent location. C. No residential parking permit shall be issued for a vehicle whose owner or principal operator is not a resident in the designated residential parking permit district. D. The applicant for, and holder of, the residential parking permit shall be the owner or principal operator of the vehicle receiving the parking permit. E. The holders of guest permits shall be visitors to the principal permit holder's residence. F. No residential parking permit or guest permit shall be transferred or sold to another party. (Ord. 44-08, 6-16-2008) 9-14-321.726: RENEWAL OF RESIDENTIAL PARKING PERMIT: A. The residential parking permit shall be renewed annually during the month of August and expires on August 31 of each year. B. Upon the permit holder's payment of the residential parking permit renewal fee and submission of a completed residential parking permit application, the holder shall receive a new parking permit valid for a one year period. (Ord. 44-08, 6-16-2008) City of Dubuque 9-14-321.727 9-14-321.728 9-14-321.727: TRANSFER OF RESIDENTIAL PARKING PERMIT: A. Upon the permit holder's payment of a residential parking permit transfer fee established by the city manager, the submission of a completed residential parking permit application and the surrender of the existing residential parking permit, the permit holder shall receive a new residential parking permit to be transferred to another qualifying vehicle. B. The transfer of the residential parking permit to another qualifying vehicle shall not affect its expiration date. (Ord. 44-08, 6-16-2008) 9-14-321.728: RESPONSIBILITY OF PERMIT HOLDER: A. The holder of a residential parking permit or guest parking permit shall be permitted to stand or park a motor vehicle operated by such holder in the designated residential parking permit district during such time as the parking of such vehicles therein is permitted. While such vehicle for which a residential parking permit has been issued is so parked, or a vehicle displaying a visitor permit, such permit shall be displayed as prescribed in this division. B. A residential parking permit or guest parking permit does not guarantee or reserve to the holder a parking space within the designated permit parking district. A parking permit does not authorize the standing or parking of any vehicle in such places and during such times as the stopping, standing, or parking of vehicles is prohibited or set aside for specific types of vehicles and does not excuse the violation of any traffic regulation in the residential parking district. C. Whenever the holder of a residential or guest parking permit, or the vehicle for which the parking permit was issued, no longer fulfills one or more of the applicable provisions of this division controlling issuance, renewal, or transfer of parking permits, the holder shall so notify the parking division. D. Until its expiration, surrender, or revocation, a parking permit shall remain valid for such time as the holder continues to reside within the designated residential parking permit district. E. A parking permit shall be valid only in the residential parking permit district for which it is issued. (Ord. 44-08, 6-16-2008) City of Dubuque 10-1-1 10-1-1 CHAPTER 1 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES SECTION: 10-1- 1: 10-1- 2: 10-1- 3: 10-1- 4: 10-1- 5: 10-1- 6: 10-1- 7: 10-1- 8: 10-1- 9: 10-1-10: Curb And Driveway Construction Permit Sidewalk Installation And Repair Snow And Ice Removal Obstructing Public Ways Expectoration Hauling Of Dirt, Other Materials Through Streets Unlawful Deposits Removal Of Barricades Or Warning Devices Driving On Sidewalk Playing In Streets 10-1-1: CURB AND DRIVEWAY CONSTRUCTION PERMIT: A. Required For Construction Or Alteration: No person shall begin to construct, reconstruct, repair, alter or change any curb, curb cut or driveway on the public streets or alleys of the city without first obtaining a permit therefor from the city manager, as provided by this section. (2007 Code § 41-31) B. Application For Permit: An applicant for a permit under this section shall file with the city manager an application showing the name and address of the owner of the property abutting the proposed work area, the name and address of the party doing the work and such other information as the city manager shall find reasonably necessary to the determination of whether a permit should be issued. (2007 Code § 41-32) C. Agreement Of Abutting Owner To Make Improvements Prerequisite To Issuance: The owner of the abutting property shall agree, as a condition to the granting of the permit required by this section, for such owner and such owner's successors in title to the abutting property, to make, at the expense of the abutting property, all City of Dubuque 10-1-1 10-1-2 necessary changes in the improvements as may subsequently be found reasonably necessary for the preservation of the public health, welfare or safety. (2007 Code § 41-33) D. Council Approval Required For Issuance In Certain Areas: 1. Northwest Arterial: Access to the northwest arterial may be granted only by the department of transportation with the concurrence of the city manager. The city manager shall not concur in the granting of a permit under this section for any driveway access onto the northwest arterial without prior approval of the city council. 2. Spacing Between Access Locations: The minimum allowable spacing between access locations shall be one thousand feet (1,000'). No access shall be allowed on any intersecting side street under city jurisdiction within one hundred fifty feet (150') of the edge of the northwest arterial, or within one hundred fifty feet (150') of the edge of any planned additional through lanes. (2007 Code § 41-34) E. Issuance: The city manager shall issue a permit required by this section for the work applied for if the city manager finds: 1. That the work will be done in accordance with the standard specifications for curbs, curb cuts and driveways prepared by the city engineer; 2. That the proposed work will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces and means of egress and ingress to and from the property affected and adjacent property; and 3. That the health, welfare and safety of the public will not be unreasonably impaired. (2007 Code § 41-35) 10-1-2: SIDEWALK INSTALLATION AND REPAIR: A. Installation: 1. The owner of any lot or parcel in any area of the city, whether such lot or parcel is residential, commercial, or industrial, that abuts upon any improved public street that has curb and gutter shall, at the owner's cost, install a sidewalk on such lot or parcel when said lot or parcel is developed or redeveloped or at the direction of city council. For purposes of this subsection, "development or redevelopment" City of Dubuque 10-1-2 10-1-2 means any improvement that requires a building permit, site plan approval, and changes the footprint of the structure. 2. The city manager shall make the initial review of appeal and may approve, deny or forward to city council for their action. (Ord. 25-09, 5-4-2009) B. Duty Of Owner To Maintain: The owner of any lot or parcel thereof abutting upon any sidewalk on the city streets in the city shall maintain said sidewalk free from cracks, holes and unevenness so that the sidewalk does not constitute a safety hazard, and such conditions are hereby declared a public nuisance. For the purposes of this section, "sidewalk" includes the area from the back of the curb to the right of way line abutting the property. (2007 Code § 41-101) C. Notice To Replace, Repair Or Reconstruct: 1. Whenever the city manager shall determine that the conditions of any sidewalk as described in subsection B of this section exist, the city manager shall serve notice by certified mail on the abutting property owner, as shown by the records of the county auditor, requiring the abutting property owner to replace, repair or reconstruct the sidewalk. 2. If the city manager determines that the replacement, repair or reconstruction of the sidewalk is not practicable because of circumstances beyond the control of the abutting property owner, the city manager may allow or require a temporary repair of the sidewalk until such circumstances no longer exist. (2007 Code § 41-102) D. Collection Of Costs Of Replacement, Reconstruction Or Temporary Repair By City: If the abutting property owner who has been notified pursuant to subsection C of this section to repair, replace, reconstruct, or temporarily repair the sidewalk shall fail to repair, replace, reconstruct, or temporarily repair such sidewalk within thirty (30) days after the mailing of such notice, the city manager may cause the required action to be performed and assess the costs against the abutting property for collection in the same manner as a property tax. (2007 Code § 41-103) E. Installments: If any amount assessed against property under subsection D of this section exceeds one hundred dollars ($100.00), the assessment may be paid in ten (10) annual installments, in the same manner and with the same interest rates as provided for City of Dubuque 10-1-2 10-1-3 assessments against benefited property under the code of Iowa. (2007 Code § 41-104) F. Procedures For Levy: The procedures for making and levying a special assessment pursuant to subsection D of this section and for an appeal of the assessment are the same procedures as provided under the code of Iowa. (2007 Code § 41-105) G. Sidewalk Inspection Policy: The city manager shall develop, with the approval of the city council, a written sidewalk inspection policy which shall govern the repair, replacement, reconstruction or temporary repair of sidewalks. (2007 Code § 41-106) 10-1-3: SNOW AND ICE REMOVAL: A. Placement In Streets: 1. Deposits From Private Premises: No person, without the express permission of the city manager, shall remove, or cause to be removed, any snow, ice or accumulations thereof from any private premises and deposit the same, or cause the same to be deposited, upon any public street, alley or sidewalk within the city. 2. Deposits Restricting Safety, Access Of Traffic: No person, without the express permission of the city manager, shall move or displace, or cause to be moved or displaced, any snow, ice or accumulations thereof from any section or part of a public street, alley or sidewalk to any other part of a public street, alley or sidewalk when such movement or displacement restricts the safety or free access of motor vehicle and pedestrian traffic. 3. Deposits Upon Areas Cleared For Use Of Traffic: When the traveled portion of a street or alley has been cleared for the use of motor vehicle or pedestrian traffic, no person, without the express permission of the city manager, shall place, or cause to be placed, any snow, ice or accumulations thereof upon the cleared areas of said streets or alleys. (2007 Code § 41-76) B. Placement On Private Property: No person shall remove, or cause to be removed, any snow, ice or accumulations thereof from any private premises, public street, alley or sidewalk and deposit the same, or cause the same to be deposited, upon other private property without the express consent of the owner of said property. (2007 Code § 41-77) City of Dubuque 10-1-3 10-1-4 C. Removal From Sidewalks: 1. Duty Of Abutting Owner: The owner of any lot or parcel thereof abutting upon any sidewalk on the city streets shall promptly remove, or cause to be removed, accumulations of snow, ice or slush from such sidewalks. (2007 Code § 41-86) 2. Removal By City; Assessment And Collection Of Costs: a. Removal By City: In the event accumulations of snow, ice or slush are permitted to remain on sidewalks for more than a reasonable length of time, the city manager, when the city manager deems it necessary in the interests of public safety, shall cause the same to be removed. (2007 Code § 41-87) b. Collection Of Costs: When the city manager has caused accumulations of snow, ice or slush to be removed from any sidewalk, the city manager shall promptly ascertain the actual cost thereof, including the cost of supervision, inspection and accounting, and shall certify such actual cost to the city clerk who, in turn, shall promptly certify such cost to the county treasurer and it shall then be collected with and in the same manner as general property taxes in accordance with the provisions of law. (2007 Code § 41-88) 10-1-4: OBSTRUCTING PUBLIC WAYS: No person shall commit any of the following acts: A. Causing Obstruction Without Permission: In any way obstruct or cause to be obstructed, any street, alley, sidewalk or other public place by placing therein or thereon any stone, lumber, brick, wood or other thing or by making or causing to be made any excavation therein or thereon without having first secured written permission from the city manager to do so. B. Fuel Or Merchandise: Place or cause to be placed on any of the streets, alleys, sidewalks or other public places, any cord, wood, lumber, brick, stone or any other species of property or thing, and suffer the same to remain thereon or therein for more than ten (10) hours after having been notified by the city manager to remove the same; provided, that this subsection shall not be construed to apply in cases of removal or importation of goods, wares and merchandise belonging to merchants where the same do not remain as an obstruction for more than ten (10) hours and do not occupy more City of Dubuque 10-1-4 10-1-7 than one-third (1/3) of the width of the sidewalk from the building to the curb line. C. Cart Or Vehicle: Obstruct any sidewalk by drawing, leading or driving any cart or vehicle upon the same, or leave any cart, vehicle or animal upon the same. D. Cellar Door Or Grating Left Open: Keep or leave open any cellar door or grating, or covering of any vault, on any street or sidewalk, or allow any such cellar door, grating or covering belonging to the premises occupied by such person, to be in an insecure condition and thereby dangerous to the public safety. (2007 Code § 41-2) 10-1-5: EXPECTORATION: No person shall, within the corporate limits of the city, expectorate upon a public sidewalk, or public place or upon the floor of any public conveyance. (2007 Code § 41-3) 10-1-6: HAULING OF DIRT, OTHER MATERIALS THROUGH STREETS: No person shall, within the corporate limits of the city, haul, carry or convey any dirt, manure, shavings, cinders, stone, sand, wood, hay, garbage, straw, ashes or other substance on, over or across any paved street or alley in any wagon or other vehicle which is so constructed as to allow any portion thereof to fall or be deposited upon such street or alley. (2007 Code § 41-4) 10-1-7: UNLAWFUL DEPOSITS: A. Papers, Cards, Advertisements: No person shall, within the corporate limits of the city, throw and deposit or cause to be thrown and deposited, any paper, cards, advertisements, or the like, into any street, alley, or other public place within the city. B. Bottles, Glass, Nails, Cans: No person shall throw or deposit upon any street any bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure any person, animal, or vehicle upon such street, alley or other public place. C. Destructive Or Injurious Materials: Any person who drops or permits to be dropped or thrown, upon any street, alley or other public place any destructive or injurious material shall immediately remove the same or cause it to be removed. (2007 Code § 41-5) City of Dubuque 10-1-8 10-1-10 10-1-8: REMOVAL OF BARRICADES OR WARNING DEVICES: No person shall, within the corporate limits of the city, tear down, remove or carry away, any fence, railing or other barricade or warning device placed about any excavation or pile of dirt, rock, or other material, or remove or carry away or extinguish any Tight which has been set as a warning at any excavation or pile of material. (2007 Code § 41-7) 10-1-9: DRIVING ON SIDEWALK: No person shall drive a vehicle within or upon any sidewalk area except at a permanent or temporary driveway. (2007 Code § 41-9) 10-1-10: PLAYING IN STREETS: A. Baseball Or Other Recreational Sports: No person shall, within the corporate limits of the city, play baseball, football, or any other recreational sport or game on any street, alley or other public place. (2007 Code § 41-6) B. Sleigh Riding Or Skiing: No person shall use any public streets of the city for sleighing, sleigh riding, coasting, tobogganing, bobsledding or skiing. (2007 Code § 41-11) City of Dubuque TABLE OF CONTENTS TITLE 1 Administration Dubuque City Code 1 Saving Clause 2 Definitions 3 General Penalty 4 Charter 5 Mayor And City Council 6 Rules And Procedure 6A City Officers And Employees 7 Elections, Precincts And Wards 8 Evidentiary Hearings By City Council 9 Miscellaneous Administrative Provisions 10 Emergency Succession During Disaster 11 TITLE 2 Boards And Commissions Hearings And Appeals Civil Service Commission Investment Oversight Advisory Commission Civic Center Advisory Commission Housing Agency And Community Development Commissions Municipal Housing Agency And Governing Board Housing Commission Community Development Advisory Commission Trust Fund Advisory Committee Environmental Stewardship Advisory Commission Board Of Library Trustees Arts And Cultural Affairs Advisory Commission TITLE 3 Revenue And Taxation Property Tax 1 Revitalization Areas 2 Hotel And Motel Tax 3 Economic Development 4 Industrial Projects 4A Enterprise Zone Commission 4B Speculative Shell Buildings Of Community Development Organizations And For Profit Entities 4C Residential Relocation Assis- tance Program 4D TITLE 4 Business And License Regulations Business Licenses 1 Generally 1 2 Liquor Control 2 Alcoholic Beverages 2A 3 Liquor, Beer And Wine 4 Licenses And Permits 2B Excursion Boat Admission 5 Fees 3 Central Market 4 5A Door To Door Sales 5 5B Junk And Secondhand Dealers And Pawnbrokers 6 5C Vehicles For Hire And Public Transportation 7 5D Nonmotorized Vehicles 7A Motorized Vehicles For Hire . 7B 6 Adult Entertainment Establish - 7 ments 8 Peddlers And Transient 8 Merchants 9 City of Dubuque TITLE 5 Transit System Transit Advisory Board; General Provisions TITLE 6 Health, Housing, Sanitation And Environment 1 Health And Safety Regulations 1 Food Establishments And Hotel Sanitation 2 Ambulances 3 Nuisances 4 Noises 5 Housing Regulations 6 Hazardous Waste, Substances And Conditions 7 Trees And Weeds 8 Fire Prevention Regulations 9 TITLE 7 Police, Fire And Public Safety Police Department 1 Fire Department 2 Emergency Management 3 Alarm System Permits 4 Offenses 5 General Offenses 5A Drug Paraphernalia 5B Crime Property 5C Animal Control 6 Miscellaneous Provisions 6A Dogs And Cats 6B Rabies Control 6C Dangerous Animals 6D Potentially Vicious Dogs 6E TITLE 8 Human Rights Definitions; General Provisions 1 Human Rights Commission 2 Unfair And Discriminatory Practices 3 Disability Discrimination 3A Enforcement Of Civil Rights 4 Fair Housing 5 TITLE 9 Motor Vehicles And Traffic General Provisions 1 Registration, Certification Of Title, And Proof Of Security Against Financial Liability 2 Special Antitheft Law 3 Drivers' Licenses 4 Obedience To And Effect Of Traffic Laws 5 Powers Of Local Authorities 6 Operation 7 Pedestrians' Rights And Duties 8 Special Stops Required 9 Miscellaneous Rules 10 School Buses 11 Equipment 12 Size, Weight And Load 13 Parking 14 Impoundment Of Vehicles 15 Miscellaneous City Provisions 16 TITLE 10 Public Ways And Property Streets, Sidewalks And Other Public Places City of Dubuque 1 TITLE 10 (cont) Excavations Encroachments On Public Places 3 Waste Collection Receptacles 3A Newsracks 3B Projecting Signs 3C Other Encroachments 3D Sidewalk Cafes 3E Parades And Assemblies 4 Parks And Recreation 5 Administration 5A Use Regulations 5B Specific Parks 5C Railroads 6 Boats, Boating And Waterfront Structures 7 TITLE 12 2 Airport TITLE 11 Rights Of Way Nonfranchised Communications Systems 1 Cable Right Of Way Regulations 2 Cable Communications 2A Open Video Systems 2B Cable Television 3 Cable Franchise Agreement . Community Tele -Programming Commission Cable Regulatory Commission Rates And General Regulations 3D Cable Services Customer Service Standards Gas Franchise Electric Franchises Interstate Power Company Maquoketa Valley Electric Cooperative Administration And Enforcement 1 General Regulations 2 Airport Zoning Regulations 3 TITLE 13 Public Utilities Water Use And Service 1 Connections 1A Water Meters 1B Rates 10 Cross Connection Control 1D Sewers And Sewage Disposal .... 2 Discharge Regulations 2A Private Disposal Systems; Private Haulers 2B Rates 2C Industrial Pretreatment Program 2D Gas Main Connections 3 Stormwater Management 4 Illicit Connections And Discharges To Storm Sewer System 5 Solid Waste 6 City Or Private Collection 3A Service 6A 3B 3C TITLE 14 Building And Development 3E Building Codes 1 4 Building Code And Regulations . 1A 5 Residential Code 1B 5A Energy Conservation Code 10 Electrical Code 1D 5B Fire Code And Regulations 1 E City of Dubuque TITLE 14 (cont.) Mechanical Code 1F Fuel Gas Code 1G Plumbing Code 1H Accessibility Code For Readily Achievable Changes 11 Building Construction, Demoli- tion And Moving 2 Dangerous Buildings 3 Licensing Of Vacant And/Or Abandoned Buildings 4 Historic Buildings 5 Historic Preservation 6 Condominium Conversions 7 Exterior Storage Containers And Storage Trailers 8 Swimming Pools 9 Signs 10 Flood Areas 11 Erosion And Sediment Control .. 12 TITLE 15 Planning And Zoning Comprehensive Plan 1 Long Range Planning Advisory Commission 2 Zoning Advisory Commission 3 TITLE 16 Subdivisions Definitions And General Subdivision Regulations 1 Platting Procedures 2 Design And Improvement Standards 3 INDEX APPENDIX A Zoning Introduction 1 General Provisions 2 District Regulations 3 Supplemental Provisions 4 Administration And Enforcement 5 Zoning Reclassification And Text Amendment Procedure 6 Fee Schedule 7 Definitions 8 Adoption And Repeal Of Conflicting Ordinances 9 City of Dubuque 13-1A-1 13-1A-1 SECTION: 13-1A- 1: 13-1A- 2: 13-1A- 3: 13-1A- 4: 13-1A- 5: 13-1A- 6: 13-1A- 7: 13-1A- 8: 13-1A- 9: 13-1A-10: 13-1A-11: 13-1A-12: 13-1A-13: CHAPTER 1 WATER USE AND SERVICE ARTICLE A. CONNECTIONS Mandatory Connection; Notice; Completion Of Work Application For Service Connection Tap Charges Conditions For Service Taps By City Service Connections Installed By City Or Plumbers Installation Standards And Materials Approval Before Backfilling Alteration To Services Separate Connections Water Supply Control Devices Required Depth Of Service Pipes Installation And Maintenance At Expense Of Owner Connecting City Lines To Private Systems Restricted 13-1A-1: MANDATORY CONNECTION; NOTICE; COMPLETION OF WORK: A. City Authority To Require: Before any street, highway, avenue, alley or public ground is permanently improved, the city council, by the passage of a resolution, may require connections from water mains to be made by the owners of abutting property to the curb line of such property, and a notice of such requirements shall be given to the property owners as herein provided for. (2007 Code § 44-146) B. Notice To Owners To Connect: As soon as the resolution requiring connections to be made as provided for in subsection A of this section is passed and adopted by the city council, a written notice shall be served upon all persons owning property along the street, avenue or alley proposed to be improved, which notice shall order such property owner to make connections to the curb line with water mains located in such streets, and thereupon it shall be the duty of City of Dubuque 13-1A-1 13-1A-3 the owners of such property to comply with such notice. The notice shall prescribe whether or not more than one connection is required to be made and the description of the lot or parcel of real estate to which the same is to be made and, in each instance, such owner shall be advised of the number of connections that are required to be made. (2007 Code § 44-147) C. City Authority To Make Connection After Notice: If a property owner upon whom notice has been served pursuant to subsection B of this section to make the connections as provided for in subsection A of this section, should fail or refuse to make such connections within the time provided for in such notice, then the city council may proceed to have said connection upon a contract made and entered into for that purpose and the cost of making such connections shall be assessed to the property owner and shall be collected in the same manner as other special assessments are collected, except that the whole amount of such assessments shall become due at once and shall not be payable in installments. (2007 Code § 44-148) D. Time Limit For Completion After Notice: The resolution passed by the council pursuant to subsection A of this section and the notice that is served upon the property owner shall prescribe the time within which connections are to be made with such mains as provided for in such resolution, and this notice shall be final unless the time is extended by the city council upon application made therefor, or if conditions should arise which would make it impossible for the property owner to make the connections required. (2007 Code § 44-149) 13-1A-2: APPLICATION FOR SERVICE CONNECTION: Application for water service connections must be made in writing to the city manager by a plumber authorized by the owner of the property to be served or by the owner or other agent of such property. Such application must be made upon blanks furnished by the city and must be properly filled out, giving all the information required thereon. (2007 Code § 44-150) 13-1A-3: TAP CHARGES: A. Authority To Establish Connection Charge: The city manager is hereby directed to establish a charge for new connections and/or a charge for the installation of taps to the water mains, which charge shall be fair and reasonable considering the current costs of material and labor. City of Dubuque 13-1A-3 13-1A-6 B. Locations Where Water Main Installed Since 1951 Annexation: At any location within the city limits where a water main was installed since the annexation of November 7, 1951, and no previous assess- ment or charge has been paid for water taps, the prevailing per linear front foot connection charge shall be paid in cash to the city water department before a water service connection shall be made. (2007 Code § 44-151) 13-1A-4: CONDITIONS FOR SERVICE TAPS BY CITY: A. Application Approval; Payment Of Certain Charges: Upon the filing and approval of a proper application and the payment of the installation charge, the city shall make the taps for connections to the water mains, but all necessary excavation shall be furnished and paid for by the applicant. B. Taps Outside City Limits: Sections 13-1A-2 and 13-1A-3 of this article and subsection A of this section are subject to the condition that the city shall make no taps for new connections outside of the city limits, nor shall any permit be issued therefor, without prior approval of the city council and under such terms and conditions as the city council may, in its discretion, in each instance, establish. (2007 Code § 44-152) 13-1A-5: SERVICE CONNECTIONS INSTALLED BY CITY OR PLUMBERS: A. Definition: As used in this section, the phrase "service connection" shall include all those facilities used to supply and control the water from the main to the meter including the tap and the meter. B. Installations By City Or Plumbers: The installation of all service connections shall be made by employees of the city or by duly licensed plumbers. All pipe, fittings, and materials shall be approved by the city manager. (2007 Code § 44-153) 13-1A-6: INSTALLATION STANDARDS AND MATERIALS: A. Service, Material; Method Of Laying: 1. Copper pipe used in service connections shall be cold drawn seamless tubing with a proper bending temper so that a full section City of Dubuque 13-1A-6 13-1A-6 shall withstand being bent cold through one hundred eighty degrees (180°) without cracking on the outside of the bent portion around a pin the diameter of which is one and one-half (11/2) times the inside diameter of the copper pipe. The purity of the copper used shall be at least ninety nine and nine -tenths percent (99.9%), and shall have a tensile strength of thirty thousand (30,000) pounds per square inch with a minimum elongation of one inch (1") in four inches (4"). The minimum weights and thicknesses of copper service pipe per foot length shall be as follows: Copper Service Pipe (Per Foot Length) Minimum Weight (Pounds) Minimum Thickness (Inches) 3/4" 0.64 0.065 1" 0.838 0.065 13/4" 1.036 0.065 11/2" 1.360 0.072 2" 2.062 0.083 21/2" 2.92 0.095 Federal specifications - domestic type K copper. 2. All ductile iron services to be laid from the street main to the inside of the building line shall be in accordance with ASA specifications A21.5, or AWWA specifications, as approved by the city manager. 3. Pipe shall be furnished in class 200 for two hundred (200) psi operating pressure, five foot (5') cover, trench condition B. 4. Pipe shall be asphaltic coating outside and cement lined inside (ASA A21.4 or AWWA C104 specifications). (2007 Code § 44-154) B. Minimum Size Of Service Pipe: No water service pipe from the main to any building shall be less than three-fourths inch (3/4") size. (2007 Code § 44-155) City of Dubuque 13-1A-7 13-1A-10 13-1 A-7: APPROVAL BEFORE BACKFILLING: A. Closing Curb Shutoff: Plumbers installing water service connections for any building shall close the curb shutoff and leave it closed upon completion of their work, and when pipes are laid to the curb only, they shall close the end of the pipe or fitting with a tight metal plug or cap. B. Testing Pipes Under Pressure: After completion of the installation, all service pipes must be tested under pressure in the presence of an authorized representative of the city before being covered and a final written approval given, otherwise water will not be served through same. (2007 Code § 44-156) 13-1A-8: ALTERATION TO SERVICES: After a service connection has been laid, no plumber or other person shall make any attachment or connection to it, or extend same for any use, unless such plumber or other person shall procure a written permit therefor from the city manager, specifying the particular additions, repairs or alterations to be made. (2007 Code § 44-157) 13-1A-9: SEPARATE CONNECTIONS: A. Separate Connections To Each Building: There shall be a separate service pipe laid from the water main to each building or each side of a double house, unless the same party owns all the buildings to be supplied, in which case such party may install a single line, but must install only one meter and be responsible for the payment for all water passing through it. (2007 Code § 44-158) B. Connection Between Services Prohibited: Where there are two (2) or more services on premises, the piping from each service must be kept separate, and no connection made from one to the other. (2007 Code § 44-166) 13-1A-10: WATER SUPPLY CONTROL DEVICES: A. Service Shutoffs And Valve Boxes: A curb box and shutoff for controlling the supply of water to consumers shall be placed on every service. When connections are made in streets, the stop box shall be placed twelve inches (12") inside from the back of the curb; City of Dubuque 13-1A-10 13-1A-10 if no curb exists, it shall be placed twelve inches (12") outside the sidewalk or sidewalk line. When made in alleys, it shall be placed twelve inches (12") outside the lot line. The cover of such box shall be maintained at the same height as the sidewalk or the surrounding ground. Property owners are not allowed to cover stop boxes with ashes, dirt or other material, and the same must be readily accessible at all times. (2007 Code § 44-159) B. Curb Cock: The curb shutoff shall be inserted in the service pipe so that the tee head shall be parallel with the curb or alley line when the water is turned off. Such curb cock shall be what is known as inverted key, Minneapolis pattern, round way, having AWWA thread for flared copper tube at both ends. When a Buffalo type stop box is used, the curb cock must also be provided with a piece of pipe screwed on to the top of the cock, twelve inches (12") long, which will serve as a guide for the stop box key. When a Minneapolis type stop box is used, the bottom section of the box must be screwed to the top of the curb cock. (2007 Code § 44-160) C. Stop Box: The stop box used shall be of a design as approved by the city manager and fitted with a substantial cover on which shall be marked the word "water" in raised letters. The stop box for use with three-fourths inch (3/4") and one inch (1") curb cocks shall have an unobstructed opening of at least one and one-half inches (11/2") in diameter. The stop box for use with curb cocks larger than one inch (1") shall have an unobstructed opening of at least two inches (2") in diameter. All stop boxes shall be installed perfectly plumb and be of such length as to conform to the required depth of cover on the service line, when the top section is halfway between the adjustable limits of the box (thus allowing the top section to be raised or lowered). (2007 Code § 44-161) D. Gates On Large Services: All ductile iron service pipes or pipes two inches (2") or more in diameter shall be provided with two (2) gate valves, one at a point as near the main as possible and the other just inside the building wall. The valve box used on the outside valve must be of a standard pattern similar to those used by the city water department on the distribution system. (2007 Code § 44-162) E. Stop And Waste Cock: 1. Every service pipe must also have a stop and waste cock placed in the building within two feet (2') of the point where the pipe enters the building and on the inlet side of the meter. Said stop must have a wheel attached to turn the same, and be kept in working order at City of Dubuque 13-1A-10 13-1A-12 all times so that the water may be shut off by the occupant of the premises. 2. There shall also be a valve placed on the outlet side of the water meter, not more than three feet (3') from the meter, so that the meter can be taken out or replaced without draining the pipe system of the building. (2007 Code § 44-163) F. Interference With Shutoff: No one except an employee or person specially authorized by the city shall turn on or shut off the water at the outside shutoff or stop box; provided, however, that licensed plumbers may turn on or off the water for testing plumbing or making repairs, provided permission is obtained in advance from the city; but, whenever so used, the shutoff must be left closed, if found closed, and open, if found open, by the plumber who uses it. (2007 Code § 44-164) G. Maintenance Of Shutoff By Owner: The curb box and shutoff must be kept in good condition and ready for use at all times by the owner. Should the owner neglect to maintain such box and shutoff in a proper condition to be used, and if the stop box is found to be filled up, or the stop box or shutoff found to be out of repair at any time, the city shall have the right to clean or repair the same when needed without giving notice, and charge the cost thereof to the owner, and if payment is refused, may turn off the water in the service until same is paid. (2007 Code § 44-165) 13-1A-11: REQUIRED DEPTH OF SERVICE PIPES: Service pipes must be laid at least five and one-half feet (51/2') below the surface of the ground. No shutoff shall be placed less than five and one-half feet (51/2') nor more than six and one-half feet (61/2') below the surface of the established street grade. (2007 Code § 44-167) 13-1A-12: INSTALLATION AND MAINTENANCE AT EXPENSE OF OWNER: A. Owner Liable For Expenses: All service connections, including the corporation cock, shall be installed and maintained at the expense of the owners of the property served. B. Notify Owner Of Defects Or Leaks: If the city manager shall find that any such service connection has become defective or leaks, the city manager may give written notice to the owner of the property served City of Dubuque 13-1A-12 13-1A-13 by such connection, describing the defect and directing the owner to repair the same. If such defect is not promptly repaired by the owner, the water may be turned off until the repair has been made. If the defect is a leak and such leakage continues for more than three (3) days after such written notification, the property owner shall be charged a rate per day, as established by the city manager, after official publication, for each day thereafter that such leakage continues. (2007 Code § 44-168) 13-1A-13: CONNECTING CITY LINES TO PRIVATE SYSTEMS RESTRICTED: A. Use Of Water From Sources Other Than City: All connections supplied with water from the city mains shall be supplied exclusively with such water and no connection shall be allowed with any other system drawing its supply from any other source, unless such connection is installed and maintained in accordance with the approval of the city manager, and no auxiliary or secondary suction pipe to any fire pump taking water from any other source will be permitted. B. Double Check Valve System: Where such connection or duplicate system existed on February 9, 1959, the city manager may require the owner of the premises to install a modern double check valve system of the type generally known as the "factory mutual" fire service connection. Should the owner neglect or refuse to make the required changes within ten (10) days, the city supply shall be shut off. (2007 Code § 44-169) City of Dubuque 13-1B-1 13-1B-2 SECTION: 13-1B- 1: 13-1B- 2: 13-1B- 3: 13-1B- 4: 13-1B- 5: 13-1B- 6: 13-1B- 7: 13-1B- 8: 13-1B- 9: 13-1B-10: 13-1B-11: CHAPTER 1 WATER USE AND SERVICE ARTICLE B. WATER METERS Meters Required Meters Furnished By City Or Owner Location, Method Of Installation Outside Remote Readers Services Larger Than Two Inches Installing Multiple Meters In Same Building Protecting Meter From Damage Right To Repair Without Notice; Tampering Prohibited Check Valves On Water Heaters Accuracy, Testing Reading Meters 13-1B-1: METERS REQUIRED: All permanent services shall be metered, except fire protection services, which may or may not be metered, at the discretion of the city manager. (2007 Code § 44-181) 13-1 B-2: METERS FURNISHED BY CITY OR OWNER: All water meters in sizes from five-eighths inch (5/$") to one inch (1"), inclusive, shall be furnished by the city without expense and shall be repaired and kept in first class condition by the city. Only one meter will be furnished for each service line. Meters in excess of one desired for a single service line shall be purchased by the owner of the building in which the service is located. Meters above one inch (1 ") in size shall be purchased from the city and shall be installed and maintained by the owner of the property. (2007 Code § 44-182) City of Dubuque 13-1B-3 13-1B-4 13-1 B-3: LOCATION, METHOD OF INSTALLATION: A. Location: Meters shall be installed just inside of the basement wall at the end of the service pipe described in this chapter. The regular couplings, which are sold as part of the meter, must remain intact when meter has been installed. B. Maintenance; Accessibility: All meters shall be installed horizontally between one foot (1') and four feet (4') above the basement floor. A suitable place shall be provided for the meter so as to keep it dry and clean and readily accessible at all times to the meter reader and inspectors of the city. C. Special Instructions For Placement: Wherever it is impossible to install a meter in the basement, the plumber must obtain special instructions as to its installation from the city manager. D. Valve Required: A valve shall be placed at the inlet side and a valve on the outlet side of all meters. The types of permissible valves shall be approved by the city manager. E. Notice Of Improper Installation; Correction Of Defect: Should the city manager determine that any meter has been improperly installed, notice shall be given to the owner requiring correction of the defect. If such defect is not corrected within five (5) days of such notice, the city manager may direct that the water supply be shut off and not be turned on again until the defect has been repaired and a charge as established by the city manager has been paid. (2007 Code § 44-183) 13-1 B-4: OUTSIDE REMOTE READERS: A. Location: All water meters installed in new and remodeled structures shall have outside remote readers. Remote readers shall be located in the vicinity of the gas meter, if existing, and if the distance of the remote reader is less than one hundred feet (100') from the water meter. Otherwise, the remote reader shall be installed at a location acceptable to the city manager. Wiring for connecting the water meter to the remote reader shall be of the type designated by the city manager. The remote reader shall be of the type designated by the city manager. The remote reader shall be installed by the city manager or the city manager's designee at a charge to the owner or owners as established by the city manager or the city manager's City of Dubuque 13-1B-4 13-1B-7 designee. Payment for the remote reader or readers shall be made at the time of application for service. B. Installation By City; Owner Responsible For Cost: Outside remote readers shall be installed by the city on such other water meters as the city manager shall direct. The charge for installation of the outside remote reader shall be as determined by the city manager and shall be paid by the user or owner. C. Refusal To Allow Installation; Penalty: A user or owner who refuses to allow installation of an outside remote reader, after a thirty (30) day written notice, shall be charged at the rate of fifty cents ($0.50) a month until an outside remote reader is installed as outlined under the provisions of subsection B of this section. D. Remote Readers Property Of City: Outside remote readers are the property of the city and shall not be removed from the place where installed except by the city. (2007 Code § 44-184) 13-1B-5: SERVICES LARGER THAN TWO INCHES: For services larger than two inches (2") in diameter, the city reserves the right to have installed two (2) or more meters of smaller size. Where meters are so placed, each meter shall have a valve or shutoff on both inlet and outlet pipe, in addition to the basement shutoff. (2007 Code § 44-185) 13-1B-6: INSTALLING MULTIPLE METERS IN SAME BUILDING: In the case that two (2) or more meters are desired for measuring water to different tenants in the same building from one service connection, they shall be placed so that not one of them shall measure water that has passed through another meter. (2007 Code § 44-186) 13-1B-7: PROTECTING METER FROM DAMAGE: The owner of premises where a meter is installed shall be held responsible for its care and protection from freezing or hot water and from other injury or interference from any person. In all cases where meters are broken or damaged by freezing, hot water or other injuries, except ordinary wear, the necessary repairs will be made by the city and the cost charged to the owner or user. In case payment thereof is neglected or refused, the water supply shall be turned off until full payment has been made, together with a charge as established by the city manager or the city manager's designee. (2007 Code § 44-187) City of Dubuque 13-1B-8 13-1B-11 13-1B-8: RIGHT TO REPAIR WITHOUT NOTICE; TAMPERING PROHIBITED: Damaged or stopped meters or outside remote readers may be removed and repaired by the city without first giving notice thereof to the owner or user. No one shall in any way interfere with the proper registration of a water meter or outside remote reader, and no one except an authorized city employee shall break a seal on any meter or outside remote reader; provided, however, that the city manager may grant permission to a licensed plumber in case of emergency to break such seal for draining pipes or stopping water leaks. (2007 Code § 44-188) 13-1B-9: CHECK VALVES ON WATER HEATERS: Every hot water system should have a check valve installed between such system and the water meter. Wherever a check valve is installed, there shall also be installed on the hot water distributing system a suitable relief valve to protect the system from excessive pressure from hot water or steam. (2007 Code § 44-189) 13-1B-10: ACCURACY, TESTING: A. Where the accuracy of a meter is questioned, it shall be removed by the city at the request of the consumer and shall be tested in his or her presence by the city by means of the apparatus provided for that purpose. Both parties to the test must accept the findings thus made. B. If the meter is found to register satisfactorily the water actually flowing through it, a charge as established by the city manager will be made to pay the cost of conducting the test. If the meter is found to register unsatisfactorily the water flowing through it, no charge will be made for the test, and a proportional reduction will be made from the previous bill. C. A water meter shall be considered to register satisfactorily when it registers within two percent (2%) of accuracy. (2007 Code § 44-190) 13-1B-11: READING METERS: Meters on all services shall be read monthly. (2007 Code § 44-191) City of Dubuque 13-1C-1 13-1C-1 SECTION: 13-1C-1: 13-1C-2: 13-1C-3: 13-1C-4: CHAPTER 1 WATER USE AND SERVICE ARTICLE C. RATES Residential, Commercial, Industrial And All Other Uses Fire Sprinkler Service Construction Use Payment Of Bilis 13-1C-1: RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND ALL OTHER USES: A. Rates Established: The rates to be charged for water for residential, commercial, industrial and all other uses and purposes by any person, firm or corporation within the city shall be based on units of one hundred (100) cubic feet (748 gallons) as follows: Monthly Consumption (In Hundred Of Cubic Feet) Charge Per Hundred Cubic Feet First 30 $2.16 Next 120 1.76 Next 350 1.64 Next 500 1.45 Next 1,000 1.27 Rates shall be subject to the following minimum monthly charge according to the size of the meter: Meter Size (Inches) Monthly Consumption (In Hundred Of Cubic Feet) Minimum Charge 5/8 2 $ 4.32 3/4 5 10.80 City of Dubuque 13-1C-1 13-1C-1 Meter Size (Inches) Monthly Consumption (In Hundred Of Cubic Feet) Minimum Charge 1 8 $ 17.28 11/2 26 56.16 2 46 92.96 3 106 198.56 4 168 305.52 6 368 633.52 8 625 1,031.25 A property owner shall pay a thirty dollar ($30.00) disconnect fee for water service that is disconnected by city staff (meter not in service). When a tenant account is subject to disconnection due to delinquency, the tenant shall pay the thirty dollar ($30.00) disconnect fee. A five dollar ($5.00) minimum monthly charge will be assessed for meters not in service. (Ord. 12-09, 3-9-2009, eff. 7-1-2009) B. Rates Outside City Limits: The rates to be charged for water supplied by the city to residential, commercial, industrial and other uses and purposes by any person outside the corporation limits of the city, shall be at one hundred fifty percent (150%) of the rates set forth in subsection A of this section. C. Estimated Billings: For all meters in service, bills will be issued monthly. When a meter is not read monthly for any reason, bills will be issued on estimated consumption. For estimated billings, either on alternate months or when readings are not obtainable for any reason, consumption will be predicated on monthly average of past usage for the meter. For estimated bills issued for an account in which historical data is not available, billing will be predicated on the minimum charge and related consumption identified for the size of the meter in service for the particular account. D. Adjustments From Estimated Readings: Adjustments from estimated readings will be made when an actual meter reading is obtained. The adjustment will be reflected on the user's next regular bill. (2007 Code § 44-201) City of Dubuque 14-1A-4 14-1A-4 3. At its next regular meeting following receipt of the recommenda- tion of the commission by the city clerk, the city council shall approve or deny the request. (2007 Code § 11-4) H. Demolition By Neglect Prohibited: The owner of real property in any conservation district shall preserve and keep from deterioration all buildings and structures located on such real property. The owner shall repair the building or structure to correct any of the following defects found by the city's designated enforcement officer: 1. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows and doors; 2. Defective or lack of weather protection for exterior wall coverings, foundations or floors, including broken windows and doors; 3. Any default, defect or condition in the structure which renders it structurally unsafe or not properly watertight; or 4. Deterioration of any exterior feature so as to create a hazardous condition which could make demolition necessary for the public safety. (Ord. 53-06, 7-5-2006) City of Dubuque 14-6-7 14-6-7 F. William M. Black Landmark: Sidewheeler Dredge William M. Black moored at Inner Levee of the Mississippi River, commonly known as the Ice Harbor. G. Dubuque City Hall Landmark: The building situated on the N 2/5 of city Lot 448 and the N 2/5 of city Lot 457, commonly known as 50 West 13th Street. H. Dubuque County Courthouse Landmark: The building situated on part of city Lot 286 and city Lots 287 to 288, commonly known as 720 Central Avenue. Dubuque County Jail Landmark: The building situated on city Lots 284 to 285 and part of city Lot 286, commonly known as 36 West 8th Street. J. Julien Dubuque Monument Landmark: The structure situated on Pt. Lot 1, Government Lots 1 and 2, located at terminus of Monument Drive. K. Mathias Ham House Landmark: The building situated on Lot 1 of Lot 531 Ham's Addition, commonly known as 2241 Lincoln Avenue. L. Shot Tower: The Shot Tower structure situated on River Front Sub 1, located at terminus of Commercial Street. M. Four Mounds Estate Historic District: The buildings, structures, objects, sites, and property situated on Lot 1-1-2-1 & Lot 1-1-2-1-1 of SW -NW & Gov 1 & min Lot 331 & Lot 1 -7 -SW & Lot 2 -NW -NW all in Sec 1 of T89N-R2E & Lot 1 & Lot 2-1-1-1 of Sub of 1-7 SW and SW of NW Sec 1 T89N-R2E & Gov Lot 1 a/k/a min Lot 331 & Lot 1-1-4, 2-2-4, 2-1-2-4, Lot 2 & 3 of SW Sec 1 of T89N-R2E & Lot 1 Fountain Hill re -sub & Lot 16 John Deere Dub Tractor Works & Lot 2-1-1-2-2 of SE 1/4 NE 1/4 Sec 2 of T89N-R2E 5th, commonly known as 4900 Peru Road. (Ord. 38-06, 6-5-2006) N. Individually Designated Historic Properties: 1. 565 Fenelon Place: E 1/2 Lot 36, E 15' W 1/2 Lot 36, Lot 37 Prospect Hill Addition. (Ord. 2-07, 1-16-2007) 2.216 Clarke Drive: The buildings, structures, objects, sites and property situated on Lots 22 and 23 and the N 46 feet of Lot 25 LH Langworthy's Sub, also known as 216 Clarke Drive. (Ord. 33-08, 6-2-2008) City of Dubuque 14-6-7 14-6-8 3. 40 And 42 Main Street: The buildings, structures, objects, sites and property situated on Lots 16 and 17 of the West 1/2 of Block 1 of Dubuque Harbor Company Addition to the City Of Dubuque, Iowa, also known as 40 and 42 Main Street. (Ord. 36-08, 6-2-2008) 4. 2537 Windsor Avenue: The buildings, structures, objects, sites and property situated on Lot 20 Staffords Add, also known as 2537 Windsor Avenue. (Ord. 46-08, 7-7-2008) O. Carnegie Stout Public Library: The circa 1901 building situated on City Lot 658A, City Lot 659, City Lot 660, balance of City Lot 658, commonly known as 360 West 11th Street. (Ord. 27-07, 5-21-2007) 14-6-8: DEMOLITION OF LANDMARKS, SITES, HISTORIC PROPERTIES OR STRUCTURES: A. Demolition Generally: Demolition of landmarks, landmark sites, individually designated historic properties or structures within historic districts is prohibited unless, upon application and after hearing, the commission issues a certificate of appropriateness or a certificate of economic nonviability pursuant to subsection 14-6-10H of this chapter. B. Demolition By Neglect Prohibited: The owner of real property in any historic district, or of a landmark or landmark site, or individually designated historic property shall preserve and keep from deterioration all buildings and structures located on such real property. The owner shall repair the building or structure to correct any of the following defects found by the city's designated enforcement officer: 1. Parts which are improperly or inadequately attached so that they may fall and injure persons or property; 2. A deteriorated or inadequate foundation; 3. Defective or deteriorated floor supports or floor supports that are insufficient to carry the loads imposed; 4. Walls, partitions or other vertical supports that split, lean, list or buckle due to defect or deterioration or are insufficient to carry the load imposed; City of Dubuque 14-6-8 14-6-9 5. Ceilings, roofs, ceiling or roof supports, or other horizontal members which sag, split, or buckle, due to defect or deterioration or are insufficient to support the load imposed; 6. Fireplaces and chimneys which list, bulge or settle due to defect or deterioration or are of insufficient size or strength to carry the loads imposed; 7. Deteriorated, crumbling or loose exterior stucco or mortar; 8. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows and doors; 9. Defective or lack of weather protection for exterior wall coverings, foundations or floors, including broken windows and doors; 10. Any default, defect or condition in the structure which renders it structurally unsafe or not properly watertight; 11. Accumulations of weeds, fallen trees or limbs, debris, abandoned vehicles, and other refuse; 12. Deterioration of any exterior feature so as to create a hazardous condition which could make demolition necessary for the public safety; or 13. Deterioration or removal after the effective date hereof of any unique architectural feature which would detract from the original architectural style. (Ord. 38-06, 6-5-2006) 14-6-9: ALTERATION OF LANDMARKS, HISTORIC PROPERTIES, LANDMARK SITES OR STRUCTURES: A. Review By Commission: After designation of a landmark, landmark site, individually designated historic property or historic district by the city council, any proposed alteration or activity which will affect a landmark, landmark site, individually designated historic property or structure or site within any historic district, and for which a regulated permit or site plan approval is required, shall be reviewed by the historic preservation commission; however, nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any landmark, landmark site or structure or site within a historic district where such maintenance or repair does not involve a material City of Dubuque 14-6-9 14-6-9 change of appearance which necessitates issuance of a regulated permit or site plan approval as herein defined. B. Requirement Of Review Before Issuance: No regulated permit or site plan approval may be issued prior to review by the commission. C. Commission Actions: Upon review, the commission shall have the authority to take the following actions: 1. Authorize Proposed Project, Determination Of No Material Effect: a. If an application submitted to the commission demonstrates compliance with the "secretary of interior's standards and guidelines for archaeology and historic preservation", the "secretary of interior's standards and guidelines for the treatment of historic properties", and the "secretary of the interior's standards for rehabilitation and guidelines for rehabilitating historic buildings", codified as 36 CFR 68, as amended, as established by this chapter and, pursuant to the bylaws adopted by the commission, a determination may be made that such work or activity would: (1) Not result in a material change in appearance; or (2) Not be visible from the public way. b. The city manager or city manager's designee shall make such determination and may issue a determination of no material effect, which shall authorize the proposed work or activity to proceed without a public meeting of the commission. 2. Approve Proposed Project; Certificate Of Appropriateness: a. The commission shall issue a certificate of appropriateness if, upon application and after conducting a review of the application, it finds: (1) That the property owner or the property owner's representative has established that the proposed alteration or activity complies with the standards for review set forth by this chapter and regulated by the commission and conforms to the purpose and intent of this chapter; and (2) That creating, changing, destroying or affecting the exterior architectural features of the structure, improvement or site upon which the work is to be done will not have a City of Dubuque -A - ALARM SYSTEM PERMITS (cont.) Prohibited Acts 7-4-9 Revocation Of Permit 7-4-5 Service Charges 7-4-6 ALCOHOLIC BEVERAGES (See Also LIQUOR CONTROL) 4-2A AMBULANCES Ambulance Service Rates 6-3-1 Service Area 6-3-2 AMENDMENTS Building Codes 14-1A-2 City Code 1-1-2 Electrical Code 14-1D-2 Energy Conservation Code 14-1 C-2 Fire Code 14-1E-2 Mechanical Code 14-1F-2 Plumbing Code 14-1H-2 Residential Code 14-1 B-2 Zoning Appendix A Sec. 6-3 ANIMAL CONTROL Animals In Parks 10-5B-3, 10-5B-4, 10-5B-7 Dangerous Animals Definitions 7-6D-1 Dogs, Cats Exempted 7-6D-2 Exceptions To Keeping And Licensing Restrictions 7-6D-4 General Prohibition And Duty 7-6D-6 Keeping Of Dangerous Animals Restricted 7-6D-3 Regulations For Keeping 7-6D-5 Seizure, Impoundment And Disposition Of Dangerous Animals 7-6D-7 Dogs And Cats Definitions 7-6B-1 Directing Dog With Malicious Intent 7-6B-8 Female Dogs In Season 7-6B-6 Harboring Vicious Dog Or Cat 7-6B-4 Impoundment, Redemption And Disposition Of Unclaimed Animals 7-6B-10 Keeping Cats Or Dogs On Unoccupied Residential Property Prohibited 7-6B-3 Licensing; Tags And Fees 7-6B-2 Nuisance 7-6B-5 Running At Large 7-6B-7 Use Of Dog In Illegal Activity Prohibited 7-6B-9 Miscellaneous Provisions Restrictions On Maintaining Livestock 7-6A-2 Sale Of Baby Chickens And Ducklings 7-6A-1 Storage Of Animal Food 7-6A-3 City of Dubuque -A- -B- ANIMAL CONTROL (cont.) Nuisance Conditions 6-4-3 Potentially Vicious Dogs Definition 7-6E-1 Disposition Of Potentially Vicious Dog 7-6E-5 Exceptions To Classification 7-6E-4 Notification Of Status Of Potentially Vicious Dog 7-6E-3 Procedure For Declaration Of Potentially Vicious Dog 7-6E-2 Rabies Control Confinement Authorized 7-6C-2 Notification To Police Or City Manager Of Dead Animals 7-6C-4 Prohibited Actions After Mayor's Proclamation Of Emergency 7-6C-6 Punishment For Harboring Known Rabid Dog, Cat Or Other Domestic Animal 7-6C-5 Reporting Rabies; Notice To City Manager 7-6C-3 Vaccination Required 7-6C-1 APPEALS (See Also HEARINGS AND APPEALS) 2-1 ARTS AND CULTURAL AFFAIRS ADVISORY COMMISSION Administrative And Other City Policies 2-8-14 Attendance 2-8-9 Commission Created 2-8-1 Compensation 2-8-10 Cooperation With Other Agencies 2-8-6 Goals 2-8-3 Meetings 2-8-12 Membership; Appointment 2-8-8 Mission 2-8-2 Organization 2-8-11 Powers 2-8-5 Purpose 2-8-4 Rules And Regulations 2-8-13 Solicitation And Acceptance Of Donations 2-8-7 ASSEMBLIES (See Also PARADES AND ASSEMBLIES) 10-4 ATTORNEY, CITY 1-7-6 B BEER (See Also LIQUOR CONTROL) 4-2B BOARD OF LIBRARY TRUSTEES Annual Reports 2-7-7 Charge Of Building, Donations 2-7-6 Compensation 2-7-3 City of Dubuque -B- -B- BOARD OF LIBRARY TRUSTEES (cont.) Composition 2-7-1 Eligibility For Membership 2-7-2 Powers And Duties Generally 2-7-5 Terms Of Members; Filling Of Vacancies 2-7-4 BOARDS AND COMMISSIONS Airport Commission 12-1 Airport Zoning Board Of Adjustment 12-3-3 Airport Zoning Commission 12-1-3 Arts And Cultural Affairs Advisory Commission 2-8 Board Of Library Trustees 2-7 Cable Regulatory Commission 11-3C Civic Center Advisory Commission 2-4 Civil Service Commission 2-2 Community Tele -Programming Commission 11-3B Enterprise Zone Commission 3-4B Environmental Stewardship Advisory Commission 2-6 Hearings And Appeals 2-1 Historic Preservation Commission 14-6-3 Housing Agency And Community Development Commissions 2-5 Community Development Advisory Commission 2-5C Housing Commission 2-5B Municipal Housing Agency And Governing Board 2-5A Trust Fund Advisory Committee 2-5D Housing Code Appeals Board 6-6-8 Human Rights Commission 8-2 Investment Oversight Advisory Commission 2-3 Long Range Planning Advisory Commission 15-2 Park And Recreation Advisory Commission 10-5A-2 Transit Advisory Board 5-1 Zoning Advisory Commission 15-3 Zoning Board Of Adjustment Appendix A Sec. 5-3 BOATS, BOATING AND WATERFRONT STRUCTURES Activities Prohibited 10-7-13 Boat Landing Areas 10-7-4 Conducting Trade Or Business In Pleasure Craft Spaces 10-7-7 Definitions 10-7-2 Driving Over Ice 10-7-14 Floats, Boathouses Maintained In Orderly Condition 10-7-6 Intent 10-7-1 Launching, Removing Boat From Water At Public Launching Ramps 10-7-8 Mooring Of Boathouses And Floats Along Waterfront 10-7-5 No Parking Areas 10-7-12 Removal Of Sunken, Derelict Or Abandoned Craft 10-7-11 City of Dubuque -B- -B- BOATS, BOATING AND WATERFRONT STRUCTURES (cont.) Repairs To Boats At Public Launching Ramps 10-7-9 Unlawful Deposits 10-7-3 Water Operation Rules 10-7-10 BUILDING AND DEVELOPMENT Building Codes 14-1 Accessibility Code For Readily Achievable Changes 14-11 Building Code And Regulations 14-1A Electrical Code 14-1D Energy Conservation Code 14-1C Fire Code And Regulations 14-1E Fuel Gas Code 14-1G Mechanical Code 14-1F Plumbing Code 14-1H Residential Code 14-1B Building Construction, Demolition And Moving 14-2 Condominium Conversions 14-7 Dangerous Buildings 14-3 Erosion And Sediment Control 14-12 Exterior Storage Containers And Storage Trailers 14-8 Flood Areas 14-11 Historic Buildings 14-5 Historic Preservation 14-6 Licensing Of Vacant And/Or Abandoned Buildings Definitions 14-4-1 Fees 14-4-4 Inspections 14-4-6 Registration 14-4-3 Relationship Of License To Other Codes 14-4-10 Renewal Licenses 14-4-7 Renewal, Penalty For Failure To Renew License 14-4-8 Revocation, Reinstatement Measures 14-4-9 Terms Of Licenses 14-4-5 Vacant And/Or Abandoned Building License 14-4-2 Signs 14-10 Swimming Pools 14-9 BUILDING CODE AND REGULATIONS Demolition Permits In Conservation Districts 14-1A-4 International Building Code Adopted 14-1A-1 International Building Code Amendments 14-1A-2 Permit Issuance Prohibited During Consideration Of Zoning Reclassification Or Zoning Or Subdivision Text Amendments 14-1A-3 BUILDING CONSTRUCTION, DEMOLITION AND MOVING Application For Permit 14-2-2 Enforcement 14-2-9 City of Dubuque -E- -F- EXCAVATIONS Exemptions 10-2-7 Guards Or Protection Required 10-2-3 Interference With Traffic 10-2-4 Manner Of Performing Work 10-2-6 Permit Requirements 10-2-1 Restoration Of Surface Generally 10-2-2 Time Period For Commencement Of Work 10-2-5 EXCURSION BOAT ADMISSION FEES Collection Of Admission Fees; Exceptions 4-3-1 EXTERIOR STORAGE CONTAINERS AND STORAGE TRAILERS Application For Permit; Site Plan 14-8-5 Consideration Of Application 14-8-6 Definitions 14-8-1 Fees 14-8-7 Permit Required 14-8-4 Required Conditions 14-8-3 Revocation Or Suspension Of Permit 14-8-8 Storage Containers Or Storage Trailers Permitted; Exemptions 14-8-2 Variance 14-8-9 F FAIR HOUSING (See Also HUMAN RIGHTS) 8-5 FINANCE DIRECTOR -CITY TREASURER 1-7-7 FIRE CODE AND REGULATIONS Emergencies 14-1 E-4 International Fire Code Adopted 14-1 E-1 International Fire Code Amendments 14-1E-2 International Fire Code Enforcement 14-1E-3 Special Conditions 14-1E-5 FIRE DEPARTMENT Service Charges 7-2-2 Service Outside City Restricted 7-2-1 Standby Service 7-2-3 FIRE HAZARDS, HAZARDOUS CONDITIONS DEEMED A NUISANCE 6-4-3H FIRE PREVENTION REGULATIONS Blasting, Fireworks And Open Burning; Permits And Fees 6-9-3 Bulk Storage Tank Licenses 6-9-5 Burning Restrictions 6-9-2 Fires In Parks Restricted 10-5B-17 City of Dubuque -F- -G- FIRE PREVENTION REGULATIONS (cont.) Service Stations 6-9-4 Smoking, Carrying Lighted Objects In Specified Places Restricted 6-9-1 FIREARMS (See WEAPONS) FIREWORKS 6-9-3, 7-5A-10 FISCAL YEAR 1-10-1 FLAG, CITY 1-10-5 FLOOD AREAS Designation; Posting 14-11-1 Entry, Permits 14-11-3 Entry Restricted 14-11-2 Vacation Of Dwellings 14-11-4 FOOD ESTABLISHMENTS AND HOTEL SANITATION Provisions Adopted 6-2-1 FOOD OR DRINK IN UNWHOLESOME CONDITION 6-4-3L 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 City of Dubuque -G- -H- GAS FRANCHISE (cont.) 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 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 City of Dubuque -H- -H- 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 Alteration Of Landmarks, Historic Properties, Landmark Sites Or Structures 14-6-9 Appeals From Commission Action 14-6-12 Definitions 14-6-2 Demolition Of Landmarks, Sites, Historic Properties Or Structures 14-6-8 Historic Preservation Commission; Membership; Terms; Vacancies 14-6-3 Historic Preservation Districts And Landmarks 14-6-7 Identification And Designation Of Landmarks, Sites, Historic Properties And Districts 14-6-6 Inspection 14-6-13 Officers; Organization; Meetings 14-6-4 Powers And Duties; Procedures For Operations 14-6-5 Procedure For Review Of Plans And Applications 14-6-10 Purpose And Intent 14-6-1 Standards For Review 14-6-11 Violations; Penalties 14-6-14 HOME OCCUPATIONS (See Also ZONING) Appendix A Sec. 4-7 HOTEL AND MOTEL TAX Definitions 3-3-1 Levy 3-3-2 Payment 3-3-3 HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMISSION 2-5 Community Development Advisory Commission Commission Created; Composition 2-5C-1 General Duties And Responsibilities 2-5C-4 Grievance Procedure; Review Standards; Appeal Process 2-5C-5 Organization 2-5C-3 Procedures For Operations 2-5C-6 Term; Filling Of Vacancies; Compensation 2-5C-2 City of Dubuque -H- -H- HOUSING AGENCY AND COMMUNITY DEVELOPMENT COMMISSION (cont.) Housing Commission Commission Created 2-5B-1 Compensation 2-5B-5 Internal Organization And Rules 2-5B-6 Meetings 2-5B-4 Membership; Vacancies; Qualifications 2-5B-3 Procedures For Operations 2-5B-7 Purpose; Approval Of Proposals 2-5B-2 Municipal Housing Agency And Governing Board Designation; Presiding Officer 2-5A-1 Trust Fund Advisory Committee Committee Established; Membership; Functions 2-5D-6 Financial Management 2-5D-3 Funding 2-5D-5 Iowa Finance Authority State Housing Trust Fund Program 2-5D-7 Purpose 2-5D-2 Trust Fund Administration 2-5D-4 Trust Fund Established 2-5D-1 HOUSING COMMISSION 2-5B HOUSING REGULATIONS Definitions 6-6-2 Enforcement 6-6-3 Enforcement Of Order Of City Manager 6-6-5 Housing Code Appeals Board 6-6-8 Housing Standards 6-6-10 Licenses And Inspections 6-6-7 Notices And Orders 6-6-4 Performance Of Work To Repair Or Demolish; Other Costs 6-6-6 Procedure For Hearing Appeal 6-6-9 Title; Legislative Findings; Purposes; Scope 6-6-1 HUMAN RIGHTS Definitions; General Provisions Definitions 8-1-1 Enforcement Of Civil Rights Amendments Of Complaints 8-4-2 Commission Orders 8-4-6 Commission Proceedings Upon Failure To Reach Settlement By Conciliation 8-4-5 Commission Staff Proceedings On Complaints 8-4-4 Filing Complaints 8-4-1 Judicial Review; Enforcement Actions 8-4-9 Provisional Remedies 8-4-8 City of Dubuque -H- -H- HUMAN RIGHTS (cont.) Release From Administrative Process; Alternative Judicial Proceedings Upon Complaints 8-4-7 Rule Of Construction 8-4-10 Time Limitation For Filing Complaint 8-4-3 Fair Housing Administrative Enforcement; Preliminary Matters 8-5-6 Cooperation With State And Federal Agencies 8-5-14 Definitions 8-5-1 Disclaimer Of Preemptive Effect 8-5-17 Discrimination In Provision Of Brokerage Services 8-5-5 Discrimination In Residential Real Estate Related Transactions 8-5-4 Enforcement By City Attorney's Office 8-5-13 Enforcement By Commission 8-5-9 Enforcement By Private Persons 8-5-12 Exemptions 8-5-3 Interference, Coercion Or Intimidation; Enforcement By Civil Action 8-5-15 Judicial Review 8-5-11 Probable Cause Determination And Effect 8-5-7 Prohibitions 8-5-2 Review By Commission; Service Of Final Order 8-5-10 Subpoenas; Giving Of Evidence 8-5-8 Violations; Bodily Injury; Death; Penalties 8-5-16 Human Rights Commission Appointment; Terms; Filling Of Vacancies 8-2-3 City Policies Applicable To Commission Operations 8-2-13 Compensation 8-2-5 Composition 8-2-2 Confidentiality Of Complaints 8-2-11 Created 8-2-1 Meetings 8-2-8 Officers 8-2-4 Powers And Duties 8-2-12 Quorum 8-2-9 Records To Be Public; Exceptions 8-2-10 Removal Of Members For Unexcused Absences 8-2-6 Rules 8-2-7 Subpoenas 8-2-14 Unfair And Discriminatory Practices Accommodations Or Services 8-3-2 Credit 8-3-4 Disability Discrimination Construction 8-3A-3 Defenses, Exemptions And Exclusions 8-3A-2 City of Dubuque -P- -P- 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 Zoning Advisory Commission Appointment To Airport Zoning Commission 15-3-2 Commission Created; Composition; Appointment 15-3-1 Organization; Meetings 15-3-5 Powers 15-3-4 Procedures For Operations 15-3-6 Term Of Office 15-3-3 PLAYING IN STREETS 10-1-10 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 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 PRECINCTS 1-8-3 PRIVATE SEWER FACILITIES 6-4-3F PROPERTY TAX Partial Exemption From Property Taxation 3-1-1 PUBLIC URINATION OR DEFECATION 7-5A-9 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 Newsracks 10-3B Other Encroachments 10-3D Projecting Signs 10-3C City of Dubuque -s- -v- SWIMMING POOLS Construction 14-9-3 Definition 14-9-1 Fencing Requirements 14-9-4 Location 14-9-5 Permit Required; Fees 14-9-2 State Code Adopted 14-9-6 T TATTOOING 6-1-1 TAXATION (See Also REVENUE AND TAXATION) Title 3 TRAFFIC (See Also MOTOR VEHICLES AND TRAFFIC) Title 9 TRANSIT SYSTEM Transit Advisory Board; General Provisions Board Appointment; Term; Officers 5-1-1 Fare Increase Or Reduction In Service, Procedure 5-1-6 Meetings 5-1-4 Powers And Duties Of Board 5-1-3 Procedures For Operations 5-1-5 Quorum; Voting Requirement 5-1-2 TREASURER 1-7-7 TREES AND WEEDS Trees And Landscaping 6-8-1 Trees Or Plant Materials That Are Diseased Or Damaged 6-4-3B Weed Abatement 6-8-2 U UNDERAGE PERSONS (See MINORS) UNFAIR AND DISCRIMINATORY PRACTICES (See Also HUMAN RIGHTS) 8-3 UTILITIES (See Also PUBLIC UTILITIES) Title 13 V VACANT AND/OR ABANDONED BUILDINGS, LICENSING OF 14-4 VEHICLES (See Also MOTOR VEHICLES AND TRAFFIC) ...... Title 9 City of Dubuque X Y Z ZONING Administration And Enforcement Appeals To Board, Standards And Procedure Appendix A Sec. 5-5 Enforcement, Violations And Penalties Appendix A Sec. 5-1 Issuance Of Building Permits Appendix A Sec. 5-2 Zoning Administrator Appendix A Sec. 5-4 Duties Of Zoning Administrator Appendix A Sec. 5-4.1 Interpretation By Zoning Administrator Appendix A Sec. 5-4.2 Zoning Board Of Adjustment Appendix A Sec. 5-3 Appeals From Board Of Adjustment Decisions Appendix A Sec. 5-3.6 Conditional Use Provisions Appendix A Sec. 5-3.4 Establishment Of Board Appendix A Sec. 5-3.1 General Powers Appendix A Sec. 5-3.3 General Procedure Appendix A Sec. 5-3.2 Special Exception Procedure Appendix A Sec. 5-3.7 Variance Procedure Appendix A Sec. 5-3.5 Adoption And Repeal Of Conflicting Ordinances Effective Date Of Ordinance Provisions Appendix A Sec. 9-2 Repeal Of Conflicting Ordinances Appendix A Sec. 9-1 Definitions Terms Defined Appendix A Sec. 8-1 District Regulations Commercial Districts Appendix A Sec. 3-3 CR Commercial Recreation District . . . Appendix A Sec. 3-3.7 CS Commercial Service And Wholesale District Appendix A Sec. 3-3.6 C-1 Neighborhood Commercial District . Appendix A Sec. 3-3.1 C-2 Neighborhood Shopping Center District Appendix A Sec. 3-3.2 C-3 General Commercial District Appendix A Sec. 3-3.3 C-4 Downtown Commercial District Appendix A Sec. 3-3.4 C-5 Central Business District Appendix A Sec. 3-3.5 Industrial Districts Appendix A Sec. 3-4 HI Heavy Industrial District Appendix A Sec. 3-4.2 LI Light Industrial District Appendix A Sec. 3-4.1 MHI Modified Heavy Industrial District Appendix A Sec. 3-4.4 City of Dubuque