1999 Research and Review ReportResearch and Review
Report
City Code
of the
CITY OF DUBUQUE, IOWA
prepared by
Sterling Codifiers, Inc.
7600 Mineral Drive
Coeur d'Alene, ID 83815
800-338-7458
208-762-9140 (fax)
sterlina(anidlink.com
www.sterlingcodfiers.com
ADOPTING ORDINANCE
ORDINANCE NO. 92-99
AN ORDINANCE READOPTING THE CODIFICATION OF ALL ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, OF A GENERAL OR PUBLIC NATURE OR IMPOSING A FINE OR PENALTY
INCLUDING CODES AND MAPS ADOPTED BY REFERENCE, AS THE OFFICIAL CODE OF THE
CITY OF DUBUQUE, IOWA, AS PROVIDED FOR AND PURSUANT TO CHAPTER 380 OF THE
IOWA CODE; PROVIDING FOR THE TITLE AND CITATION OF THE CODE; REPEALING ALL
ORDINANCES AND PARTS OF ORDINANCES OF A GENERAL OR PUBLIC NATURE OR
IMPOSING A FINE OR PENALTY, PASSED ON OR PRIOR TO JULY 19, 1999, EXCEPT THOSE
NOT CONTAINED IN SAID CODE OR RECOGNIZED AND CONTINUED IN FORCE BY
REFERENCE THEREIN; PROVIDING PENALTIES FOR THE VIOLATION OF THE SEVERAL
SECTIONS THEREOF; AND PRESCRIBING THE TIME WHEN THIS ORDINANCE SHALL BE IN
FULL FORCE AND EFFECT.
Note that in our hard copy, there are the following adopting ordinances: #55-76, 63-81, 93-
86, 34-89, 68-94 and the above 92-99. We suggest that if your code books have all these
ordinances, that on/y the latest one; i.e., #92-99, be kept in the code. Also, once the city
makes all its changes pursuant to the findings of this Review and Research, we suggest that
you readopt your code. This new readoption would replace this ordinance.
Section 8. General Penalty. That the doing of any act prohibited or declared to be unlawful or
an offense by said Code of Ordinances, or the commission or failure to perform any act or
duty required by said Code, shall unless another penalty is specified, be punishable by a fine
in a sum not exceeding one hundred dollars ($100.00) or imprisonment not to exceed thirty
(30) days. The penalty herein provided for shall be cumulative with and in addition to the
revocation, cancellation or forfeiture of any license or permit elsewhere in this Code provided
for violation thereof or for civil penalties or violations of municipal ordinances.
This general penalty does not comply with the general penalty /17 section 1-8 of your code.
Section 1-8 does comply with current Iowa Code provisions, ,¢ 364.3 setting maximum fine at
$500./
,RI This general penalty will be changed with the new adopting ordinance to comply with
section 1-8 of the code.
0 Other
1
CHAPTER 1
GENERAL PROVISIONS
ARTICLE L IN GENERAL
Sec. 1-2. Rules Of Construction: page 3
Joint Authority Words giving a joint authority to three (3) or more public officers or other
persons shall be construed as giving such authority to a majority of them, unless otherwise
provided.
Is this definition still current?
O Yes, leave as is
O Eliminate definition
O Change to read
Month, Year, A.D.: The word "month" means a calendar month, and the word "year" and the
abbreviation "A.D." are equivalent to the expression "year of our Lord".
Suggest that the provisions relating to 'A.D." can now be eliminated?
O No, leave as is
Eliminate references to "A.D"
O Change to read
ARTICLE II. CIVIL PENALTY
Sec. 1-15. Definitions: page 6
Municipal Infraction: Except those provisions specifically provided 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 the Code of Ordinances City of Dubuque, or any
ordinance or code herein adopted by reference, or omission or failure to perform any act or duty
required by the Code of Ordinances City of Dubuque, or any ordinance or code herein adopted by
reference, is a "Municipal infraction" and is punishable by civil penalty as provided herein.
State law provisions above should refer to chapter 701,
be Change to new state law references
1:1 Other
Sec. 146. Penalties: page 6
(a) 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
Second offense
All other repeat offenses
Not to exceed $250.00
Not to exceed $500.00
Not to exceed $750.00
Are these penalties current?
O Yes
CI No, change to read
Sec. 1-22. Form Of Notice Of Hearing: page 7
The notice to appellant shall be substantially in the following form, but may include other
information:
"You are hereby notified that a hearing will be held before (insert name of board or commission)
at on the day of , 19_, at the hour , upon the notice and
order served upon you. You may be present at the hearing. You may be, but need not be,
represented by counsel. YOU may present any relevant evidence and will be given full opportunity
to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas
to compel the attendance of witnesses and the production of books, documents or other things
by filing an affidavit therefor with (insert name of board or commission)." (Code 1976, § 1-22)
We suggest that the above notice not be set out in full in your code, but to state that the notice
form is available at city hall, or the city clerk's office. In this way, the notice can change in format
without having to pass an amending ordinance. (Note that the year begins with 19_)
o Leave as is
Change to read "on file with
O Other
Sec. 1-32. Form Of Notice Of Hearing: page 8
The notice to parties shall be substantially in the following form, but may include other
information:
"You are hereby notified that an evidentiary hearing will be held before the Dubuque City Council
at on the day of , 19 , at the hour , upon the notice and order served upon
you. You may be present at the hearing. You may be, but need not be, represented by counsel.
You may present any relevant evidence and will be given full opportunity to cross-examine all
witnesses testifying against you. You may request the issuance of subpoenas to compel the
attendance of witnesses and the production of books, documents or other things by filing an
affidavit therefor with the city clerk." (Code 1976, § 1-32) (Note that the year begins with 19_)
We suggest that the above notice not be set out in full in your code, but to state that the notice
form is available at city hall, or the city clerk's office. In this way, the notice can change in format
without having to pass an amending ordinance. (Note that the year begins with 19_)
O zteave as is
;6 Change to read "on file with _.(3
O Other
II
CHAPTER 2
ADMINISTRATION
ARTICLE 1. IN GENERAL
Sec. 2-2. Bonds; Approval: page 65
Bonds of every character and description which are necessary to be furnished the city by virtue
of the provisions of any ordinance thereof, except bonds required to be furnished by public
officials, may be approved by the city manager by the endorsement of the city manager's
approval thereon and filed in the office of the city clerk and such approval shall have the same
force and effect as if they were approved by the city council. (1976 Code, § 2-4)
Are the provisions of this section current?
D Leave as is
O Eliminate
Sec. 2-3. Emergency Location For City Government: page 65
(a) Whenever due to an emergency resulting from the effects of enemy attack, or the anticipated
effects of a threatened enemy attack, it becomes imprudent, inexpedient or impossible to
conduct the affairs of the city at the regular or usual place or places thereof, the city council may
meet at any place within or without the territorial limits of the city, or at any place within or
without the territorial limits of the state, on the call of the mayor or on the call of any two (2)
council members.
(b) Alternate or substitute sites or places as the emergency temporary location or locations of
city government where all or any part of the public business may be transacted and conducted
during the emergency may be established or designated by resolution or by proclamation.
(c) During the period when the public business is being conducted at the temporary location or
locations, the city council and other officers of the city shall have and possess and shall exercise,
at such location or locations, all of the executive, legislative and judicial powers and functions
conferred upon the city council and other officers of the city by or under the laws of the state.
Such powers and functions may be exercised in the light of the exigencies of the emergency
situation without regard to or compliance with time-consuming procedures and formalities
prescribed by law and pertaining thereto, and all acts of the city council and officers of the city
shall be as valid and binding as if performed within the territorial limits of the city. (1976 Code, §
2-5)
In view of the tragedy of 9/1.1, are these provisions current?
O Leave as is
O Change as follows
Sec. 2-5. Execution Of Contracts: page 65
All deeds, releases, contracts, and conveyances on behalf of the city shall be made in the name
of the city, and shall be signed by the mayor, or, in the mayor's absence, by the mayor pro tem,
and attested by the city clerk, and sealed with the corporate seal of the city, and when required
by law to be acknowledged, the mayor or mayor pro tem shall acknowledge the same. (1976
Code, § 2-8)
Review the execution of contracts by the mayor with provisions of section 2-107(1) providing that
the city manager will sign the contracts.
O Leave as is
O Eliminate this section 2-5
O Make changes to section 2-107(1) as indicated at that spot
ARTICLE III. CITY COUNCIL
Division 1. Generally
Sec. 2-21. Compensation: page 66
(a) Effective January 1, 1997, the compensation for the mayor shall be ten thousand four
hundred seventy one dollars ($10,471.00) per annum, and the compensation for council
members shall be six thousand nine hundred seventy nine dollars ($6,979.00) per annum.
(b) Effective January 1, 2002, the compensation for the mayor shall be eleven thousand dollars
($11,000.00) per annum, and the compensation for council members shall be eight thousand
dollars ($8,000.00) per annum. (1976 Code, § 2-21; Ord. 18-89, §§ 1, 2, 3-9-1989; Ord. 9-93, §§
1, 2, 3-1-1993; Ord. 16-01, § 1, 3-6-2001)
Suggest that subsection (a) can be deleted due to the time frames.
o Leave as is
RI Eliminate as suggested
CI Other
Sec. 2-35. Presiding Officer: page 68
(c) Preservation of order. The presiding officer shall preserve order and decorum, prevent attacks
on personalities or the impugning of members' motives, and confine members in debate to the
question under discussion.
(1) The mayor pro -tem shall sit to the immediate right of the mayor.
(2) While the mayor is putting the question, no member shall walk across or out of the council
room.
(3) While a member is speaking, no member shall entertain private discourse.
(4) No member shall leave the sitting of a city council meeting without permission of the
presiding officer.
Are the provisions of this subsection current and enforced?
O Leave as is
O Eliminate subsection
O Change as follows
Sec. 2-36. Motions: page 69
(c) Progress of motions.
(6) The city council discusses or debates the motion. After the motion has been formally stated
by the presiding officer, any councilmember has a right to discuss the issue. Councilmembers
must obtain the floor in the same manner as when presenting a motion. Normally the first person
who asks recognition is entitled to speak. All discussion must be confined to the question under
consideration.
The presiding officer should always show preference to the proposer of the motion.
A councilmember who has not spoken before has claim over a councilmember who has already
discussed the question, or who has proposed another motion.
If the presiding officer knows the opinions of the various councilmembers regarding the m sure,
the presiding officer should alternate between those favoring the measures and those in
opposition to the measure.
The presiding officer should recognize a councilmember who seldom speaks in preference of a
councilmember who frequently speaks.
Are the provisions of this subsection relating to the debate on a motion current?
O Leave as is
O Change as follows
Sec. 2-38. Chart Of Preference Of Motions: page 72
Review the charter and preference of motions on page 72. Is it current?
O Leave as is
• Change as follows
Sec. 2-39. Motions For Special Purposes: page 73
Is this chart- of motions for special purposes on page 73 current?
O Leave as is
O Change as follows
Sec. 2-40. Order Of Business And Agenda: pages 73, 74
(b) Agenda: The order of business of each regular meeting shall be as contained in the agenda
prepared by the CO Clerk. The agenda shall be a listing by topic of subjects to be considered by
the City Council and shall be made available or delivered to members of the City Council with
supporting documents at least seventy two (72) hours preceding the meeting to which it
pertains.
Does the above address a consent agenda, or do you wish more included in this subsection
regarding a consent agenda and the procedures for same?
13 Leave as is
D Provide sample provisions relating to consent agendas for our review
JJ Other
Sec. 2-41. Ordinances, Resolutions, And Motions: page 74
(a) Form: Ordinances and resolutions shall be presented to the City Council only in printed or
typewritten form.
With electronic capabilities, is this subsection still current?
CI Leave as is
111 Change as follows
Sec. 2-42. Establishment Of Committees, Boards And Commissions: pages 74, 75
(c) Nominations:
(4) No Council member may nominate more than one candidate for each office.
Are the provisions of #4 above current?
0 Leave as is
CI Change as follows
Sec. 2-43. Rights Of The Public: page 76
(a) Addressing The City Council: Any person desiring to address the City Council by oral
communication shalt first secure the permission of the presiding officer; provided, however,
preference will be given to those persons who have notified the City Clerk by twelve o'clock
(12:00) noon of the Wednesday immediately preceding the regular Council meeting of their
desire to speak in order that their name may be placed on the agenda.
(b) Manner Of Addressing The City Council; Time Limit: Each person addressing the City Council
shall step up to the microphone, shall give their name and address and if representing an
organization or another person, shall so state, in an audible tone of voice for the record, and,
unless further time is granted by the presiding officer, shall limit their address to five (5) minutes.
All remarks shall be addressed to the City Council as a body, not to any City officer or employee.
No person, other than members of the City Council and the person having the floor, shall be
permitted to enter into any discussion, either directly or through the members of the City Council.
No questions shall be asked of individual Councilmembers nor of any City officer or employee,
except through the presiding officer.
(c) Personal And Slanderous Remarks: Any person making personal, impertinent or slanderous
remarks, or who shall become boisterous, while addressing the City Council may be requested to
leave the meeting and may be by the presiding officer barred from further audience before the
City Council.
(d) Reading Of Protests: Interested persons, or their authorized representatives, may address the
City Council for the reading of protests, petitions, or communications relating to any matter over
which the City Council has control when the item is under consideration by the City Council, if a
majority of the City Council present agrees to let them be heard.
(e) Written Oommunications: Interested parties, or their authorized representatives, may address
the City Council by written communication in regard to any matter concerning the City's business
or over which the City Council has control at any time by direct mail or by addressing the City
Clerk. All such written communications must be received by the City Clerk by twelve o'clock
(12:00) noon of the Wednesday immediately proceeding the regular Council meeting in order
that such material may be placed on the agenda for such meeting. (1976 Code, § 2-43)
As these provisions have not been changed for many years, do you still follow these procedures?
O Leave as is
O Change as follows
Sec. 2-69. Officers And Employees Bonds; page 76.1
(a)The following officers of the City shall give official bonds in the following penal sums, the
premium being paid by the aty, in the form set forth in section 64.2 of the Code of Iowa:
City Manager $1,000,000.00
Administrative Services Manager 1,000,000.00
Finance Director 1,000,000.00
City Treasurer 1,000,000.00
(b) AH other officers and employees of the City shall be covered by an official bond in the penal
sum in the amount of fifty thousand dollars ($50,000.00) each. (1976 Code, § 2-69; Ord. 72-92,
§§ 1, 2, 9-8-1992)
These provisions were last updated in 1992 Are they current? Note that in section 2-103(e), it
states "in such sum as the council may, by resolution, determine'. Do the actual bonds then need
to be set out in your code?
CI Leave as is
O Change as follows
13 Eliminate so that no dollar figures are set out in this section
O Eliminate section
Sec. 2-72. Deposits Of City Funds: page 77
Each department, division and other agency of the city shall deposit all funds collected on behalf
of the city daily with the city treasurer together with receipts indicating the sources thereof and
obtain a receipt from the city treasurer for the funds, or deposit the funds directly in the city's
bank account as directed by the finance director and give the city treasurer a duplicate deposit
receipt together with the receipts indicating the sources of funds. (Code 1976, § 2-73)
Are the provisions of this section relating to the city treasurer correct?
O Leave as is
0 Change as follows
Division 2. Mayor And Mayor Pro Tem
Sec. 2-81. Term Of Mayor Pro Tem; Designation: page 77
(a) Term of mayor pro tem. The term of mayor pro tem shall be eight (8) months.
(b) Designation of mayor pro tem. Beginning January 1, 1982, councilmembers shall serve as
mayor pro tem in the following order: (1) At -large councilmember elected to two-year term; (2)
Ward Two councilmember; (3) Ward Four councilmember. Thereafter, councilmembers shall
serve as mayor pro tem in the following order:
(1) At -large councilmember with two (2) years of term remaining;
(2) Ward One councilmember;
(3) Ward Three c.ouncilrnember;
(4) At -large councilmember with two (2) years of term remaining;
(5) Ward Two councilmember;
(6) Ward Four councilmember.
(c) Vacancy. In the event of a vacancy in the office of a councilmember while such
councilmember is serving as mayor pro tem, the person appointed or elected to fill such vacancy
shall serve the remainder of the term of mayor pro tem. (Code 1976, Sec. 2-81)
Are these provisions current?
O Leave as is
O Change as follows
Note that under subsection (b), the phrase "Beginning January 1, 1982" could be eliminated?
O Leave as is
O Eliminate as suggested
O Change as follows
Division 3. Manager
Sec. 2-103. Appointment; Qualifications; Oath; Bond: page 78
(b) The council, in appointing a manager, need not be influenced by the residence or
nonresidence of the person selected, having regard for the person's qualifications and fitness for
the position.
Are the residency requirements of this subsection current?
O Leave as is
O Change as follows
(e) The manager shall execute a bond with a reliable surety company as surety thereon, to be
paid for by the city, in such sum as the council may, by resolution, determine, which bond shall
be conditioned for the faithful performance of the manager's duties and shall be in favor of the
city. (Code 1976, § 2-103)
See our notes at section 2-69 of this report regarding the amount of official bonds.
Sec. 2-106. Duties: pages 78, 79
The city manager shalt:
(14) Appoint a treasurer subject to the approval of the council.
Are these provisions correct?
CI Leave as is
ci Change as follows
Sec. 2-107. Powers: page 79
The city manager may:
(1) Whenever authorized by the council, sign all contracts on behalf of the city.
Review these provisions with section 2-5 stating that the mayor is to execute contracts.
▪ Leave as is
o Eliminate this subsection
CI Other
(3) Employ, reclassify, or discharge all employees and fix their compensation, subject to civil
service provisions and Chapter 70 of the Iowa Code, except the city clerk, deputy city clerk,
and city attorneys.
(5) Suspend or discharge summarily any officer, appointee, or employee that the city manager
has power to appoint or employ, subject to civil service provisions and Chapter 70 of the Iowa
Code,
References to Iowa Code chapter 70, should now be to chapter 70A.
era Make appropriate changes
Sec. 2-124. Adjustment Of Claims And Payment Of Expenses Of Litigation: page 81
Corporation counsel shall have the power to adjust claims filed or litigation pending against the
city, and to settle the same in the name of the city, with the approval of the council. Corporation
counsel shall also have authority to draw orders upon the treasury for the payment of witness
e
'
fees, court costs, and other expenses incidental to litigation in which corporation counsel appears
as city solicitor, which orders shall be in writing and shall state the name of the payee, the name
of the action, and the purpose for which the money is paid, [and] which orders, when
countersigned by the auditor, shall be paid by the treasurer. At the first council meeting in each
month, the city solicitor shall present to the council a written report of all orders drawn by the
city solicitor during the preceding months, which report shall state the amount of such orders,
the name of the payee, the name of the action in which the same was paid, and the purpose for
which paid. (Code 1976, § 2-144)
Are the references to the treasurer above correct?
D Yes
D No, change to read
Division 6. City Treasurer
Sec. 2-131. Duties Generally: page 81
The duties of the treasurer shall be as provided in this division. (Code 1976, § 2-159)
Sec. 2-132. Fund Records To Be Kept Separate: page 81
The city treasurer shall keep the record of each fund separate. (Code 1976, § 2-160)
Sec. 2-133. Receipt Records: page 81
The city treasurer shall keep an accurate record of all money or securities received by the city
treasurer on behalf of the municipality and specify date, from whom, and for what purpose
received, (Code 1976, § 2-161)
Sec. 2-134. Preparation Of Receipts: page 81
The city treasurer shall prepare a receipt in triplicate for all funds received. The city treasurer
shall give the original to the party delivering the funds, send the duplicate to the clerk, and retain
the triplicate. (Code 1976, § 2-162)
Sec. 2-135. Account Of Disbursements, Etc.: page 81
The city treasurer shall keep an accurate account of all disbursements, money or property,
specifying date, to whom, and from what fund paid. (Code 1976, § 2-163)
Sec. 2-136. Special Assessments Accounts: page 81
The city treasurer shall keep a separate account of all money received by the city treasurer from
Special assessments. (Code 1976, § 2-164)
Sec. 2-137. Disposition Of Receipts: page 81
The city treasurer shall, immediately upon receipt of monies to be held in the city treasurer's
custody and belonging to the city, deposit the same in banks selected by the city council in
amounts not exceeding monetary limits authorized by the city council. In the case of deposited
checks returned for nonsufficient funds, the city treasurer shall adjust the recorded deposit and
.(' attempt to collect the returned check. The city treasurer may also assess a surcharge not to
( exceed the amount allowed by law for processing checks returned for nonsufficient funds and
against the party who submitted the nonsufficient funds check. The returned check surcharge
shall be added to the outstanding bill of the party who submitted the nonsufficient funds check.
(Code 1976, § 2-165; Ord. No. 27-94, § 1, 5-16-94)
As you have a finance director, are the provisions of this Division 6 with relation to the city
treasurer correct?
O Yes
O No, change as follows
Division 7. Director Of Public Works
Sec. 2-146. Office Created; Responsibilities Generally: page 82
(b) Said office shall have the responsibility for construction and operation of public works, and
shall have the responsibility for directing the activities of several divisions comprising the public
works department, including:
(1) Engineering;
—42.)areet;
(*.Transit.
Are these divisions the correct ones under the direction of the public works director?
O Yes
O No, change as follows
Division 8. Director Of Community And Economic Development page 82
From your organizational chart, should this now be the Economic Development Director?
O No, leave as is
O Change as follows
2-156. Office Created; Responsibilities Generally: page 82
(a) There is hereby created the office of director of community and economic development of the
city.
(b) Said office shall have the responsibility for directing the several activities comprising the
-eentotinitt-and economic development department, induding:
(144emmtmity development;
(,) Economic development. (Code 1976, § 2-172: Ord. No. 21-90, § 3, 2-27-90)
69) ,---2.--.A.et-z424:y
'
'
'
: t`:
2-157. Appointment; Term Of Office: page 82
The director of community and economic development shall be appointed by and serve at the
pleasure of the city manager. (Ord. No. 21-90, § 3, 2-27-90)
Should the provisions relating to community development be deleted from these provisions?
0 No, leave as is
Ai. Yes, eliminate (1) Community development
0 Other
Division 9. Utilities Manager
Sec. 2-158. Office Created; Responsibilities Generally: page 82
There is hereby created the office of utilities manager of the city charged with the responsibility
of directing and managing the activities of the water and water pollution control divisions
comprising the utilities department (Ord. No. 21-90, § 4, 2-27-90)
Sec. 2-159. Appointment; Term Of Office: page 82
The utilities manager shall be appointed by and serve at the pleasure of the city manager. (Ord.
No. 21-90, § 4, 2-27-90)
Should this official be changed, as we do not see it an your organization chart?
13 No, leave as is
13 Change as follows
ARTICLE V. CIVIL SERVICE COMMISSION
Sec. 2-180. Qualifications Generally: page 83
Civil Service Commissioners must be citizens of Iowa, eligible electors as defined in chapter 39
of the Code of Iowa, and residents of the City preceding their appointment, and shall not hold
or be a candidate for any office of public trust. The Human Rights Director shall, ex officio, be a
member, without vote, of the Civil Service Commission.
Civil Service Commissioners shall not buy from, sell to, or in any manner become parties, directly,
to any contract to furnish supplies, material, or labor to the city in which they are Commissioners.
(1976 Code, § 2-180)
References to Iowa Code chapter 70, should now be to chapter 70A.
0 Make appropriate changes
Sec. 2-234. Reports Provided: page 85
The City Manager shall provide the Investment Oversight Advisory Commission monthly,
quarterly and annual reports of the City Treasurer, financial advisors and auditor. (Ord. 50-92,
§ 4, 7-20-1992; Ord, 88-95, § 4, 12-18-1995, eff. 1-1-1996)
ii
�,i
Is the reference to the City Treasurer correct?
D Yes
D No, change to read
CHAPTER 3
ADVERTISING
ARTICLE 1. IN GENERAL
Sec. 3-1. Display Of Advertising Material On Parkings; Removal; Costs: page 139
Should the word "parldngs" be changed to "public property'?
D No, leave as is
)11 Yes, change to read as suggested
D Other
Whenever the Building Official shall find signs, advertising, displays or any other materials or
articles on public property, in violation of any provision of this Code or other City ordinance
or any law, the Building Official shall report such findings to the Street Commissioner, and
the Street Commissioner shall pick up, or cause such materials or articles to be picked up,
and stored at the City garage, where the owner of the materials or articles may claim them
by paying the actual costs incurred by the City to the Street Commissioner. (Code 1976, §
3-1)
Is the reference to street commissioner correct?
D Yes
CI No, change "street commissioner" to"
ARTICLE II. BILLPOSTERS, BILLPOSTING AND DISTRIBUTING
Sec. 3-15. License Required; Daily And Annual License Fees: page 139
No person, as owner, agent, servant or employee, shall post or distribute any advertising
matter of any kind within the limits of the City, without first making application for a license
therefor at the office of the Clerk, and paying a license fee therefor in the sum of fifty dollars
($50.00) per year for a yearly distributor's license. (Code 1976, § 3-15)
As there is no daily fee set out, suggest the catchline should read: "License required; fees.?
0 Leave as is
O Change as suggested
O Other
Is the annual fee set out current?
0 Yes
D No, change to read
ARTICLE III. SIGNS
We have noted to the city that there are three places in your code dealing with signs:
> This chapter 3, article 3
> Chapter 41, art/de 6, division 4 on projecting signs
> Zoning, section 4-3
Following are places, specifically between this chapter 3, article 3 and your zoning
regulations where there are duplicating provisions:
This Article
Definitions:
Ground sign
Projecting sign
Projection
Roof sign
Sign
Temporary sign
Wall sign
Permits Required:
3-39
Application For Permit:
3-40
Exemptions:
3-41
Insurance:
3-42(c)(1), 33-43(b)
Maintenance:
3-45
Zoning Ch 41, Art VI, Div 4
Ground sign/monument sign
Projecting sign
Roof sign
Sign
Temporary sign
Wall sign
4-3.4
4-3.5
Projecting sign
Projection
41-150
41-151
41-157
41-155
Please review to see if there are any places where duplicating materials can be eliminated or
where you want to make any changes.
Sec. 3-38. Definitions: page 141
General. For the -purpose of this Code, certain terms, phrases, words and their derivatives
shall be construed as specified in either this Chapter or as specified in the Building Code.
Where terms are not defined, they shall have their ordinary accepted meanings within the
context with which they are used. Webster's Third New International Dictionary of the
English Language, Unabridged, copyright 1986, shall be considered as providing ordinary
accepted meanings. Words in the singular include the plural and the plural the singular.
Words used in the masculine gender include the feminine and the feminine the masculine.
Approved plastic materials - See: Plastic Materials, Approved.
Review the above dictionary with the ones referred to in sections 18-2 and 26-2. Does the
city want all of these to read the same, and if so, which one?
0 Leave as is
O Change to refer to
Sec. 3-41. Exemptions: page 144
(7) Real estate signs on residential property advertising sale or rent provided they are not
over twelve (12) square feet in area and not over six feet (6') in height or real estate signs
advertising commercial, agricultural or industrial property or subdivisions of multiple lots for
sale or lease provided they are not over thirty two feet (32') in area and twelve feet (12') in
height.
Review the above with section 4-3.5(e) with relation to the thirty two feet. Shou/dnt this be
thirty two square feet?
O Leave as is
O Change to thirty two square feet
Sec. 3-42. Licensing: page 145
(b) License Fee; Insurance. Before a license is granted to any applicant under this Section
and before a license is renewed, the applicant shall pay the City a fee of one hundred dollars
($100.00) and furnish the required evidence of insurance in such an amount as herein
specified for an annual license.
Is this fee current?
O Yes
O Change to read
(c) Insurance Required:
(1) The amount of coverage shall be as follows: comprehensive public liability insurance, one
million dollars ($1,000,000.00) for each occurrence (bodily injury and property damage),
automobile public liability insurance, five hundred thousand dollars ($500,000.00) each
accident (bodily injury and property damage).
Are these amounts current?
O Yes
O Change to read
Sec. 3-43. Permit Issuance: page 145
(a) Issuance. The application, plans, specifications and other data filed by an applicant for a
permit shall be reviewed by the Building Official. Such plans may be reviewed by other
departments and/or divisions of the City to verify compliance with any applicable regulations
or ordinances under their jurisdiction. If the Building Official finds that the work described in
an application for a sign permit and the plans, specifications and other data filed therewith
conform to the requirements of this Code and other pertinent laws and ordinances, and that
the fees specified in section 306 have been paid, the Building Official shall issue a permit
therefor to the applicant.
Is the reference to section 306 correct? Table No. 3-C found on page 148 sets out fees.
Should the above "section 306" then refer to "Table No. C-3 in section 3-44(a) of this code?
O Leave as is
O Change to refer to Table No. 3-C under section 3-44(a)
O Other
page 146
(b) Insurance For Signs Projecting Over Public Property:
(1) The amount of coverage shall be as follows: public liability insurance for bodily injury and
property damage, five hundred thousand dollars ($500,000.00) for each occurrence.
Is this insurance coverage current? Note, that for projecting signs over public propert-y in
section 41-157011 page 2642 of your code, there is no amount specified for insurance.
O Leave as is
O Make reference in section 41-157 to this section
O Other
Sec. 3-44. Fees: pages 147, 148, 149
(a) Permit Fees: The fee for each sign permit shall be as set forth in table no. 3-C set out at
the end of this section.
pages 148, 149
TABLE NO. 3-C
SIGN PERMIT FEES
Type Area Fee
1. Combination sign Up to 30 square feet $20.00
31 to 50 square feet 30.00
Over 50 square feet 40.00
Up to 30 square feet 20.00
31 to 50 square feet 30.00
Over 50 square feet 40.00
Up to 30 square feet 40.00
31 to 50 square feet 50.00
Over 50 square feet 60.00
Up to 30 square feet 20.00
31 to 50 square feet 30.00
Over 50 square feet 40.00
Up to 30 square feet 25.00
31 to 50 square feet 35.00
Over 50 square feet 40.00
6. Projecting sign Up to 30 square feet 25.00
31 to 50 square feet 35.00
Over 50 square feet 45.00
7. Roof sign Up to 30 square feet 35.00
31 to 50 square feet 45.00
Over 50 square feet 60.00
8. Wall sign Up to 30 square feet 20.00
31 to 50 square feet 30.00
Over 50 square feet 45.00
9. Sign panel replacement Any 15.00
(excluding billboards)
2. Fin sign
3. Ground sign
4. Marquee sign
5. Pole sign
OTHER INSPECTIONS AND FEES
1. Plan review fees when a plan is required by
section 302(b) of the code, per hour of review time $30.00*
(minimum of 1 hour charge and charged in 1/2
hour increments beyond the first hour)
2. Inspections outside of normal business hours, per hour 30.00*
(minimum charge of 2 hours)
3. Reinspection fee assessed under provisions of section 305(g), each 30.00*
4. Inspections for which no fee is specifically indicated, per hour 30.00*
(minimum charge of 1/2 hour)
5. Additional plan review required by changes, additions
or revisions to approved plans, per hour 30.00*
(minimum charge of 1/2 hour)
*Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include
outside plan review expense, supervision, overhead, equipment, hourly wages and fringe
benefits of the employees involved. (Ord. 47-94, § 1, 9-6-1994; Ord. 21-97, § 1, 3-4-1997,
eff. 7-1-1997)
Are these fees current?
O Leave as is
0 Change as marked
Sec. 3-45. Maintenance: page 148.1
All signs and sign support structures, together with all of their supports, braces, guys and
anchors, shall be kept in repair and in a proper state of preservation. The display surface of
all signs shall be kept neatly painted or posted at all times. (Ord. 47-94, § 1, 9-6-1994)
Review this section with provisions in section 3-36(b) on page .141. Although the provisions in
3-36(b) refer to existing signs, all maintenance would be to existing signs. Are both
provisions necessary in your code?
O Leave as is
O Change as follows
CHAPTER 4
AIRPORT
In all these years, this chapter has only been amended twice:
.( In 1992, amendments were made to sections 4-11 and 4-21 regarding the car rental
business andparking lots
.( In 2000, the airport commission membership in section 4-46 was amended
We, therefore, wonder if everything is current with this chapter. Please review to be sure,
especially if there should be some additional security provisions added as a result of the tragedy
of 9/11. However, we do note that this is a joint venture between the city and county, so
changes to this would also affect any county regulations.
O Comment
ARTICLE III. COMMISSION
Sec. 4-42. Powers -Control Of Funds: page 201
All funds derived from taxation or otherwise for airport purposes shall be under the control of the
Airport Commission of the City for the purposes of management, operation and control of the
regional airport and shall be deposited with the City Treasurer to the credit of the Airport
Commission and shall be disbursed only on the written warrant or order of the Airport
Commission including the payment of all indebtedness arising from the acquisition and
construction of airports and the maintenance, operation and extension thereof. (1976 Code, § 4-
24)
Is the reference to the city treasurer correct?
O Yes
O No, change to read
ARTICLE VI. ZONING REGULATIONS
Division 1. Generally
Sec. 4-72. Definitions: pages 202, 202.1, 203
Airport Hazard: Any structure or tree or use of land which would exceed the Federal obstruction
standards as contained in 14 Code of Federal Regulations, sections 77.21, 77.23 and 77.25 as
revised March 4, 1972, and which obstructs the airspace required for the flight of aircraft and
landing or takeoff at an airport or is otherwise hazardous to such landing or taking off of aircraft.
Are the federal regulations referred to above current?
O Yes
O No, change to read
Airport Reference Point: That point from which the boundaries of the horizontal surface and the
conical surface are measured, such airport reference point being as following described: Starting
1,
at the north quarter corner of section 34, township 88 north, range 2 east of the fifth P.M.;
thence north two thousand two hundred fifty-five (2,255) feet; thence east one thousand three
hundred sixty-five (1,365) feet to a point; said point being hereby designated as the airport
reference point.
Is this reference point current?
13 Yes
CI No, change to read
Usable landing area means that portion o he airport which is used or intended to be used for
actual landings or takeoffs of aircraft at the airport and described as follows: A strip of land five
hundred (500) feet in width, two hundred fifty (250) feet on each side of a centerline described
as follows: Commencing at the north quarter corner of section 34, township 80 north, range 2
east, thence south one hundred ninety-five (195) feet, thence east five hundred fifty-five and
five -tenths (555.5) feet to point of beginning, thence north four thousand nine hundred (4,900)
feet; said strip being the north -south landing strip together with a strip of land five hundred
(500) feet in width, two hundred fifty (250) feet on each side of a centerline described as
follows: Commencing at the north quarter corner of section 34, township 88 north, range 2 east,
thence east three thousand six hundred forty-eight and four -one-tenth (3,648.4) feet, thence
north five hundred sixty-one and one-tenth (561.1) feet to point of beginning, thence north 45
degrees 00 feet west five thousand six hundred (5,600) feet; said strip being the northwest -
southeast landing strip. (Code 1976, § 4-63)
Are the particulars of this definition current?
O Yes
O No, change to read
Division 3. Zones
Sec. 4-92. Non -Instrument Approach Zones: page 205
(a) Non -instrument approach zones are hereby established extending in a northerly direction
and in a southerly direction beginning two hundred (200) feet outward from the north end and
the south end, respectively, of the paved portion of the north -south runway as the same was in
place on March 3, 1952, on the airport and designated as runway 18-36, said north -south runway
being one hundred fifty (150) feet in width and with a centerline coincident with the centerline of
the north -south landing strip as the same is described in Section 4-63 of this article; and
extending in a northwesterly direction and in a southeasterly direction beginning two hundred
(200) feet outward from the northwest end and the southeast end, respectively, of the paved
portion of the northwest -southeast runway as the same was in place on March 3, 1952 on the
airport and designated as runway 13-31, said northwest -southeast runway being one hundred
fifty (150) feet in width and with a centerline coincident with the centerline of the northwest -
southeast landing strip as the same is described in Section 4-72 of this article.
The reference to section 4-63 above should be changed to 4-72.
O Make appropriate change
(b) Such non -instrument approach zones shall be bounded on the ground by the following lines:
(1) A straight line two hundred (200) feet outward from the runway end, perpendicular to the
extended centerline of said runway and extending a distance of two hundred (200) feet on each
side of the extended centerline of the runway,
(2) A straight line at the opposite end of said zone ten thousand two hundred (10,200) feet
outward from the runway end, perpendicular to the extended centerline of said runway and
extending a distance of one thousand two hundred (1,200) feet on each side of the extended
centerline of the runway, and
(3) Two (2) straight lines connecting the ends of the aforesaid lines which extend to the same
side of the projected centerline of said runway. (Code 1976, § 4-87)
Sec. 4-93. Turning Zones: page 205
Turning zones are hereby established containing all of the area bounded on the ground by a
circular line, all points of which are twelve thousand (12,000) feet from the airport reference
point. (Code 1976, § 4-**)
Are the particulars of sections 4-92 and 4-93 above current?
O Yes
O No, change to read
Division 4. Height Limitations
Sec. 4-102. Obstruction In Non -Instrument Approach Zones: page 206
No obstruction in a non -instrument approach zone shall project above a sloping plane beginning
at the runway end of such zone and at an elevation identical to the elevation of the runway end
at the centerline, and extending upward and outward therefrom to the outer end of such zone,
rising at the rate of one foot vertically for each forty (40) feet horizontally. (Code 1976, § 4-97)
Sec. 4-103. Obstructions In Turning Zones: page 206
No obstruction in the turning zone shall project above the horizontal surface, conical surface or
transitional surfaces, which surfaces comprise said turning zone and are described as follows:
(1) The horizontal surface is a plane, circular in shape, with an elevation of one thousand two
hundred thirty (1,230) feet above sea level and bounded on all sides by a circular line, all points
of which are seven thousand (7,000) feet, measured horizontally, from the airport reference
point,
(2) The conical surface extends upward and outward from the periphery of the horizontal
surface, rising at a rate of one foot vertically for each twenty (20) feet horizontally measured in a
vertical plane passing through the airport reference point. The outside boundary of the conical
surface is a circular line, all points of which are twelve thousand (12,000) feet, measured
horizontally, from the airport reference point,
(3) The transitional surfaces are inclined planes sloping upward and outward to an intersection
with the transitional surface or conical surface at the rate of one foot vertically for each seven (7)
feet horizontally, measured in vertical planes perpendicular to the centerlines of the runways.
The transitional surfaces, symmetrically located on each side of each runway, extend upward and
outward from lines on either side of each runway, which are parallel to and level with the
respective runway centerlines and at a distance of two hundred (200) feet from said centerlines.
Transitional surfaces also extend upward and outward from the sides of all approach zone
surfaces as same are described in Section 4-102 of this division. (Code 1976, § 4-98)
Are the particulars of sections 4-102 and 4-103 above current?
0 Yes
0 No, change to read
CHAPTER 5
ALCOHOLIC BEVERAGES
Throughout this chapter you have referred to alcoholic liquor licenses, beer permits and wine
permits. As there is inconsistency with these references, we have highlighted all references
for you to review for accuracy. In some places the reference to only a beer permit or
alcoholic liquor license may be correct, but we want to be sure that "wine" was added where
necessaty.
D Leave as is
O Change as marked
O Other
ARTICLE L IN GENERAL
Sec. 5-1. Purpose Of Chapter: page 259
The purpose of this Chapter is to provide administration of licenses and permits, and for local
regulations and procedures for the conduct of the sale and consumption of beer, wine and
liquor, for the protection of the safety, health, peace, morals and general welfare of the
City. (1976 Code, § 5-1)
Sec. 5-2. Definitions: pages 259, 260
Where words and phrases used in this Chapter are defined by State law, such definitions hall
apply to their use in this Chapter and are adopted by reference. Those definitions so adopted
that need further definition are reiterated, and other words and phrases used herein shall
have the following meanings:
As there are several references in this chapter to "director', should it be defined in this
section. An example would be: DIRECTOR: The director of the Alcoholic Beverages Division
of the Department of Commerce.
O No, do not add such a definition
O Yes, add as suggested
O Yes, add as follows
Also, as throughout this chapter references are made to "alcoholic liquors", "beer"
and "wine", we suggest that the term ALCOHOLIC BEVERAGES could be included
in this definition, giving the definition found in Iowa Code 58 123.3:
4. "Alcoholic beverage" means any beverage containing more than one-half of one
percent of alcohol by volume including alcoholic liquor, wine, and beer.
0 No, do not add such a definition
O Yes, add as suggested
O Yes, add as follows
Grocery Store: Any retail establishment, the principal business of which consists of the sale of
food or food products for consumption off the premises. The volume of sales of all other
items, commodities and materials shall be included with the volume of sales of beer, and
sales of beer shall not equal or exceed fifty percent (50%) of the dollar volume of all sales
made by the establishment in order to meet the test that food must be the principal business
thereof.
Persons Of Good Moral Character: Any person who meets all of the following requirements:
(2) The person is not prohibited by the provisions of Section 5-39 of this Chapter from
obtaining a liquor license or beer permit.
Sec. 5-3. Prohibited Sales And Acts: page 260
A person or club holding a liquor license or retail wine or beer permit under this
Chapter, and the person's or club's agents or employees, shall not do any of the following:
(1) Sell, dispense, or give to any intoxicated person, or a person simulating intoxication, any
alcoholic liquor, wine or beer.
(2) Sell or dispense any alcoholic liquor, wine or beer on the premises covered by the
license or permit, or permit its consumption thereon between the hours of two o'clock (2:00)
A.M. and six o'clock (6:00) A.M. on any weekday, and between the hours of two o'clock
(2:00) A.M. on Sunday and six o'clock (6:00) A.M. on the following Monday; however, a
holder of a liquor control license or retail beer permit granted the privilege of selling
alcoholic liquor, wine or beer on Sundays, may sell or dispense such liquor, wine or beer
on Sunday only between the hours of eight o'clock (8:00) A.M. and two o'clock (2:00) A.M.
the following Monday.
Assume that the reference to "weekday" above includes Saturdays. As weekday is normally
Wended to refer to Monday through Friday, should the above read "weekdays and
Saturdays?
O No, leave as is
O Yes, add as suggested
(3) Sell alcoholic beverages, wine or beer to any person on credit, except with a bona
fide credit card. This provision shall not apply to sales by a club to its members nor to sales
by a hotel or motel to bona fide registered guests.
(4) Employ any person under the age of eighteen (18) years in the sale or serving of
alcoholic liquor, wine or beer for consumption on the premises where sold.
(7) Keep on premises covered by a liquor control license any alcoholic liquor in any
container except the original package purchased from the Division, and except mixed drinks
or cocktails mixed on the premises for immediate consumption. This prohibition does not
apply to common carriers holding a aass D liquor control license.
Is the reference to the Class D liquor control license correct?
O Yes
0 No, change to read
(8) Reuse for packaging alcoholic liquor or wine any container or receptacle used
originally for packaging alcoholic liquor or wine; or adulterate, by the addition of any
substances, the contents or remaining contents of an original package of an alcoholic
liquor or wine; or knowingly possess any original package which has been so reused or
adulterated. (1976 Code, § 5-3; Ord. 50-94, § 4, 9-19-1994; Ord. 68-97, § 2, 11-17-1997)
Is the above not applicable to beer containers or receptacles, such as a keg?
O Leave as is
O Change to read
Sec. 5-4. Sunday Sales: page 261
Any club, hotel, motel, or commercial establishment holding a liquor control license or
beer permit may apply for and receive permission, in accordance with section 123 of the
Code of Iowa, to sell and dispense alcoholic liquor, wine and beer to patrons on Sunday
between the hours of eight o'clock (8:00) A.M. Sunday and two o'clock (2:00) the following
Monday. (1976 Code, § 5-4; Ord. 68-97, § 3, 11-17-1997)
Should the above include "wine permit'? Following are the state law provisions from section
123.36, which differ from the above.
6. Any dub, hotel, motel, or commercial establishment holding a liquor control license,
subject to section 123.49, subsection 2, paragraph "b", may app/y for and receive
permission to sell and dispense alcoholic liquor and wine to patrons on Sunday for
consumption on the premises on/y, and beer for consumption, on or off the premises
between the hours of eight a.m. on Sunday and two a.m. on the fo/lowing Monday. A
class "D" liquor control /%nsee may apply for and receive permission to sell and
dispense alcoholic beverages to patrons for consumption on the premises only between
the hours of eight a.m. on Sunday and two a.m. on the fol/awing Monday. For the
privilege of selling beer, wine, and alcoholic liquor on the premises on Sunday the liquor
control license fee of the applicant shall be increased by twenty percent of the regular
fee prescribed for the license pursuant to this section, and the privilege shall be noted on
the liquor control license.
O Leave as is
O Change as follows
Sec. 5-5. Beer And Wine Brand Signs Prohibited; page 261
No signs or other matter advertising any brand of alcoholic liquor, beer or wine shall be
erected or placed upon the outside of any premises occupied by a licensee or permittee
authorized to sell liquor, beer or wine at retail. This Section does not prohibit the use of
signs or other matter inside a fence or similar enclosure which wholly or partially surrounds
the licensed premises 27. (1976 Code, § 5-5)
Should the above catchline read 'Alcoholic Liquor Signs Prohibited", to include all forms of
alcoholic liquofs?
O No, leave as is
D Yes, change as suggested
Sec. 5-6. Consumption In Public Places: page 261
It is unlawful for any person to use or consume alcoholic liquors, wine or beer upon the
public streets or highways, or alcoholic liquors in any public place, except premises
covered by a liquor control license, or to possess or consume alcoholic liquors, wine or
beer on any public school property or while attending any public or private school -related
functions. As used in this Section, "school" means a school or that portion of a school, which
provides teaching for any grade from kindergarten through grade twelve (12). (1976 Code, §
5-6; Ord. 71-95, § 2, 11-20-1995)
This section I:5 a good example of the use of references to liquor, beer and wine. If the
reference in the second line to "alcoholic liquois" read "alcoholic beverages', as defined in
section 5-2 (as we noted), it would be all inclusive.
D Leave as is
O Yes, change as suggested
O Other
Sec. 5-7. Persons Under Age Twenty One: page 261
(a) A person or persons under legal age shall not purchase or attempt to purchase, or
individually or jointly have alcoholic liquor, wine or beer in their possession or control;
except in the case of liquor, wine or beer given or dispensed to a person under the legal
age within a private home and with the knowledge, presence, and consent of the parent or
guardian, for beverage or medicinal purposes or administered to the person by either a
physician or dentist for medicinal purposes and except to the extent that a person under the
legal age may handle alcoholic liquor, wine and beer during the regular course of the
person's employment by a liquor control licensee, or wine or beer permittee under this
Section.
(b) A person who is under legal age, other than a licensee or permittee, who violates this
Section regarding the purchase of or attempt to purchase alcoholic liquor, wine or beer,
or possessing or having control of alcoholic liquor, wine or beer commits a simple
misdemeanor punishable by a fine of one hundred dollars ($100.00) for the first offense.
(1976 Code, § 5-7; Ord. 50-94, § 2, 9-19-1994; Ord. 71-95, § 4, 11-20-1995; Ord. 68-97, §
4, 11-17-1997)
Do you wish to change the $100 penalty to refer to the general penalty in section 1-8 of your
code, especially since this penalty does not provide for subsequent offenses?
11 Leave as is
a Yes, change as suggested
0 Other
Sec. 5-7.1. Persons Under Twenty One Years Of Age Prohibited From Attempting To
Purchase Or Otherwise Obtain Alcoholic Liquor, And From Misrepresenting The Person's
Age: pages 261, 262
(a) A person under legal age shall not misrepresent the person's age for the purpose of
purchasing or attempting to purchase any alcoholic liquor, wine or beer from any
licensee or permittee. If any person under the legal age misrepresents the person's age, and
the licensee or permittee establishes that the licensee or permittee made reasonable inquiry
to determine whether the prospective purchaser was over the legal age, the licensee or
permittee is not guilty of selling alcoholic liquor, wine or beer to a person under legal
age.
(b) A person violating this Section or reasonably believed to be violating this Section may be
detained in a reasonable manner and for a reasonable length of time by a police officer,
owner, operator or an employee of a public establishment or private club where alcohol
liquor, wine or beer is sold or dispensed for off -premises or on -premises consumption for
the purpose of investigating or determining the person's true age and identity. Such
detention shall not render the detainer criminally or civilly liable for false arrest, false
imprisonment or unlawful detention.
(c) The manager of any public establishment that sells alcoholic liquor, wine or beer for
on -premises or off -premises consumption and the manager of any private club that serves
alcoholic liquor, wine or beer for on -premises consumption shall be required to post in a
conspicuous place a notice stating:
NOTICE TO PERSONS UNDER 21 YEARS OF AGE
You are subject to a maximum $100.00 fine for a first offense for attempting to purchase or
otherwise obtain alcoholic liquor, wine or beer or for misrepresenting your age for the
purpose of purchasing alcoholic liquor, wine or beer.
�i
The size of said notice shall be not less than eight and one-half inches by eleven inches (8
1/2" x 11"). (Ord. 1-90, § 1, 1-3-1990; Ord. 4-90, § 1, 1-15-1990; Ord. 68-97, § 5, 11-17-
1997)
Do you wish to change the $100 penalty in the notice, the same as provided under
subsection 5-7(b) above?
0 Leave as is
D Yes, change as suggested
0 Other
Sec. 5-72. Underage Persons Prohibited From Premises Where Alcoholic Liquor Is Sold Or
Dispensed: pages 262, 263
(a) It shall be unlawful for any person under the age for lawful purchase and/or possession
of alcoholic beverages to enter any premises between the hours of nine o'clock (9:00)
P.M. and closing where more than thirty five percent (35%) of the business conducted on
such premises is the sale or dispensing of liquor, wine or beer except as set forth in
subsection (b) of this Section. The phrase "business conducted on such premises" shall be
defined as the total business revenue generated on such premises during the previous
calendar year.
(b) The prohibition of subsection (a) above shall not apply:
(1) To an underage person who is an employee of the licensee or permittee, or performing a
contracted service for the licensee or permittee on the premises;
(2) To an underage person who is accompanied on the premises at all times by a parent,
guardian or spouse who is not under the age for lawful purchase and/or possession of
alcoholic beverages;
(3) To an underage person on the premises during a period of time when the licensee or
permittee, in accordance with a written plan given to and approved by the Chief of Police,
has suspended dispensing alcoholic liquor, wine or beer on the licensed or permitted
premises or in a clearly delineated area of the licensed or permitted premises. During such
period of time, the licensee or permittee shall not permit any underage person to purchase or
possess alcoholic liquor, beer or wine on the premises. Police officers shall be admitted
to the premises at any time to monitor compliance with all applicable laws.
(c) No licensee or permittee, or a licensee's or permittee's agent or employee shall allow any
person under the age for lawful purchase and/or possession of alcoholic beverages to enter
or remain upon the premises between the hours of nine o'clock (9:00) P.M. and closing
where the business conducted includes the sale and dispensing of alcoholic liquor, wine or
beer, except as permitted in subsections (a) and (b) of this Section. The licensee or
permittee of any business that sells alcoholic liquor, wine or beer for on -premises
consumption shall be required to post in a conspicuous place a notice stating:
Notice to Persons Under the Age for Lawful Purchase and/or Possession of Alcoholic
Beverages:
You are subject to a maximum fine of $100.00 for being on these premises between the
hours of 9:00 p.m. and closing unless you are employed by the owner or are accompanied by
a parent, guardian or spouse who is not under the age of lawful purchase and/or possession
of alcoholic beverages.
(Ord. 71-91, § 1, 9-16-1991; Ord. 77-91, § 1, 10-7-1991; Ord. 63-92, §§ 1, 2, 8-3-1992; Ord.
17-93, § 1, 4-5-1993)
Do you wish to change the $100 penalty in the notice, the same as provided under
subsection 5-7(b) above?
o Leave as is
CI Yes, change as suggested
I:11 Other
Sec. 5-8. Notice Of Violation Upon Issuance Of Citation: page 263
The Chief of Police, or the Chief of Police's designee, shall provide written notice to a beer
permit, wine permit or liquor license holder upon issuance of summons or citation to
any employee or agent for a violation of Section 5-3 or Section 5-7 of this Article, or the
provisions of Iowa Code section 123.47 or 123.49. Such notice of violation shall be directed
to the permit or license holder as recorded in the office of the City Clerk, and shall be by
certified United States mail, return receipt requested.
When the holder of the permit or license has been issued a citation or summons coincidental
to the same action of the police, the above provision of notice shall not be required. (1976
Code, § 5-8)
ARTICLE II. LIQUOR CONTROL UCENSES, WINE PERMITS AND BEER PERMITS
Sec. 5-19. Required: page 263
No person shall sell beer or wine at retail in the City, nor shall any person sell beer, wine
or alcoholic liquor in the City for consumption on the premises, without first obtaining a
beer permit, wine permit or a liquor control license as required by State law and
subject to the provisions of this Article. (1976 Code, § 5-19)
Sec. 5-22. Separate Beer Permits And Wine Permits Required For Separate Locations:
page 263
(a) Each person holding a Class B or Class C beer permit having more than one place of
business where such beer is sold shall be required to have a separate beer permit for each
separate place of business, except as otherwise prohibited by State law.
(b) A Class B wine permittee having more than one place of business where wine is sold shall
obtain a separate permit for each place of business. (1976 Code, § 5-22)
Sec. 5-23. Application; Bond: page 263
A verified application for the original issuance or the renewal of a liquor control license,
wine permit or beer permit shall be filed at such time, in such number of copies and in
such form as the State Director of Beer and Liquor Control shalt prescribe, on forms
prescribed by the State Director of Beer and Liquor Control. The application shall be
accompanied by the fee, if required, and bond and shall be filed with the City Council for
approval or disapproval. (1976 Code, § 5-23)
See our remarks under section 5-26 regarding these sections.
Sec. 5-24. Persons Eligible: page 263
Upon meeting the requirements imposed by State law, the provisions of this Code and other
ordinances of the City, a person who is of good moral character may apply for a liquor
control license, wine permit, or beer permit. In the case of a club, corporation or
partnership, the officers of the dub or corporation and the partners of a partnership shall be
persons of good moral character as defined by State law and this Chapter. (1976 Code, § 5-
24)
Sec. 5-25. Interest In More Than One Class Of Beer Permit: page 264
It shall be unlawful for any person to be either directly or indirectly interested in more than
one class of beer permit. (1976 Code, § 5-25)
Are the provisions of this section in conflict with section 5-22?
O Leave as is
O Change as follows
Sec. 5-26. Investigation Of Applicant And Premises: page 264
Upon receipt of an original application for a liquor license, wine permit or beer permit
by the Clerk, it shall be forwarded to the Chief of Police, who shall conduct an investigation
and shall submit a written report on the applicant as to the truth of the facts averred in the
application and a recommendation to the Council as to the approval of the license or
permit. It shall be the duty of the Health Inspector, the Building Inspector and the Fire Chief
to inspect the premises to determine if they conform to the requirement of the City, and no
license or permit shall be approved until or unless an approving report has been filed with
the Council by such officers. (1976 Code, § 5-26)
Note the first part of this section stating that the license or permit is received by the Clerk, In
section 5-23, provisions state that the applicadon, fee and bond shall be filed with the City
Council We assume that logistically these documents are given to the Clerk who then puts
same on the Council agenda. If this is the case, we would suggest that section 5-23 reads
"...if required, and bond and shall be filed with the City Clerk for submission to the City
Council for approval or disapproval".
D Leave both sections as is
CI Change section 5-23 as suggested
O Change this section as follows
D Change both sections 5-23 and this section 5-26 as follows
Are the references to Health Inspector, Building Inspector and Fire Chief correct?
CI Yes
O Change as follows
Sec. 5-27. Requirements For Premises: page 264
(a) An applicant for a liquor control license, wine permit or beer permit, as a further
condition for approval by the Council, must give consent in writing on the application that
members of the Fire and Police Departments and the building and health services divisions
may enter upon the premises without warrant to inspect for violations of the provisions of
State law and of this Chapter.
(b) In addition to any other requirements, the premises for which a beer permit, wine
permit or liquor control license is sought shall meet the following requirements:
(1) No liquor control license, wine permit or beer permit shall be approved for
premises which do not conform to all applicable laws, provisions of this Code and other
ordinances, resolutions, and health and fire regulations.
(2) No licensee shall have or maintain any interior access to residential or sleeping quarters
unless permission is granted by the administrator in the form of a living quarters permit
(3) The premises for which a retail beer permit is sought shall be located within a business
district or an area now or hereafter zoned to permit such business and shall conform to the
zoning requirements of the City. However, no Class B beer permit shall be issued for
premises located in Local Business A District classification unless a public hearing is first held
therefor and due notice of such public hearing has first been given.
(4) The premises of a retail beer permittee shall, at the time of the application, continue
to be equipped with sufficient tables and seats to accommodate twenty five (25) persons at
one time. (Code 1976, § 5-27; Ord. 68-97, § 8, 11-17-1997)
Sec. 5-28, Proof Of Financial Responsibility: page 264
Each liquor control licensee and retail beer permittee shall furnish proof of financial
responsibility either by the existence of a liability insurance policy or by posting bond in such
amount as shall be determined by the Division. (1976 Code, § 5-28)
Sec. 5-29, Fees And Surcharges: page 264
Fees and surcharges shall be submitted with the respective application for a beer permit,
wine permit, or liquor control license, in accordance with the requirements of section
123 of the Code of Iowa. (1976 Code, § 5-30; Ord. 68-97, § 9, 11-17-1997)
Sec. 5-30. Action By The Council; Forwarding Of Documents To The State: page 265
Action taken by the Council shall be so endorsed on the application and thereafter the
application, necessary fee and bond, if required, shall be forwarded to the Division for such
further action as is provided by law. (1976 Code, § 5-30)
Sec. 5-31. Nature And Scope Of License Or Permit: page 265
A liquor control license, or beer or wine permit shall be a purely personal privilege and
shall be revocable for cause; it shall not constitute property nor be subject to attachment and
execution, nor be alienable nor assignable and, in any case, it shall cease upon the death of
the permittee or licensee; however, the director may in the director's discretion allow the
executor or administrator of a permittee or licensee to operate the business of the decedent
for a reasonable time, not to exceed the expiration date of the permit or license. Each permit
or license shall be issued in the name of the applicant and no person holding a permit or
license shall allow any other person to use it. (1976 Code, § 5-32)
Sec. 5-32. Transferability As To Location: page 265
The Council will, in its discretion, authorize a licensee or permittee under this Article to
transfer the license or permit from one location to another within the City, provided that the
premises to which the transfer is to be made would have been eligible for a license or permit
in the first instance and the transfer will not result in the violation of any law, provisions of
this Code or other City ordinance. (1976 Code, § 5-32)
Sec. 5-33. Surrender Of Permit Or License; Refund Of Fee: page 265
Any licensee or permittee under this Article, or any licensee's or permittee's executor,
administrator or any person duly appointed by a court to take charge of and administer the
property or assets of the licensee or permittee for the benefit of the licensee's or permittee's
creditors may voluntarily surrender such license or permit to the Division, and when so
surrendered, the Division shall notify the City. The Division and the City, or the city by itself
in the case of a retail beer permit, shall refund to the person so surrendering the license or
permit a proportionate amount of the fee paid for such license or permit as follows: If
surrendered during the first three (3) months of the period for which the license or permit
was issued, the refund shall be three-fourths of the amount of the fee; if surrendered more
than three (3) months, but not more than six (6) months after issuance, the refund shall be
one-half of the amount of the fee; if surrendered more than six (6) months, but not more
than nine (9) months after issuance the refund shall be one-fourth of the amount of the fee.
No refund shalt be made, however, for a liquor control license or beer permit
surrendered more than nine (9) months after issuance. No refund shall be made to any
licensee or permittee upon the surrender of his license or permit, ff there is at the time of the
surrender a complaint filed with the department or the City charging him with a violation of
this Chapter or any provision of the Iowa Alcoholic Beverage Control Act. If upon hearing any
such complaint, the license or permit is not revoked or suspended, then the licensee or
permittee shall be eligible, upon surrender of the licensee's or perrnittee's license or permit,
to receive a refund as provided in this Section; but if the licensee's or permittee's license or
permit is revoked or suspended upon the hearing, he shall not be eligible for the refund of
any portion of the licensee's or permittee's license or permit fee. No refund shall be made for
seasonal licenses or permits. (1976 Code, § 5-33)
Sec. 5-34. Term Of License Or Permit; Seasonal Licenses And Permits: pages 265, 266
All liquor control licenses, wine permits and beer permits, unless sooner suspended or
revoked, shall expire one year from the date of issuance. Six (6) or eight (8) month seasonal
licenses or wine permits or beer permits may be issued for a proportionate part of the license
or permit fee. No seasonal license or permit shall be renewed except after a period of two (2)
months. Seasonal licensing shall be only as permitted by State regulation. (1976 Code, § 5-
34)
Sec. 5-35. Application For Renewal: page 266
Upon receipt of an application for the renewal of a liquor license, wine permit or beer
permit, it shall be forwarded to the Chief of Police only, who shall conduct an investigation
and shall submit a written report on the applicant as to the truth of the facts answered in the
application and a recommendation to the Council as to the approval of the license or permit
(1976 Code, § 5-35)
Note provisions stating "to the Chief of Police only", with the provisions of section 5-26 which
also refers to inspections by the Health Inspector, Building Inspector and fire Chief?
o Leave as is
CI Change as follows
Sec. 5-36. Suspension And Revocation -Generally; Grounds: page 266
(a) In addition to the penalties in Section 5-37 of this Article, the City Council may suspend a
license or permit issued pursuant to this Chapter for a period not to exceed one year, revoke
the license or permit, or impose a civil penalty not to exceed one thousand dollars
($1,000.00) per violation. Before suspension, revocation, or imposition of a civil penalty, the
license or permit holder shall be given written notice and an opportunity for a hearing.
L
�I
��
��
Note the $1,000 civil penalty with civil penalty provisions of your code in sections 1-15 et
seq. referring to infractions. Is this $1,000 fine correct?
D Yes
D Change as follows
(b) A license or permit issued under this Chapter may be suspended or revoked, or a civil
penalty may be imposed on the license or permit holder for any of the following causes:
(1) Misrepresentation of any material fact in the application for the license or permit.
(2) Violation of any of the provisions of this Chapter.
(3) Any change in the ownership or interest in the business operated under a Class A, Class
B, or Class C liquor control license, or any wine or beer permit, which change was
not previously reported to and approved by the local authority and the Division.
(4) An event which would have resulted in disqualification from receiving the license or
permit when originally issued.
(5) Any sale, hypothecation, or transfer of the license or permit.
(6) The failure or refusal on the part of the licensee or permittee to render any report or
remit any taxes to the Division under this Chapter when due.
(c) A criminal conviction is not a prerequisite to suspension, revocation, or imposition of a
civil penalty pursuant to this Section.
(d) The City Council may suspend any retail wine or beer permit or liquor control
license for a violation of this ordinance or any of the provisions of the Iowa Alcoholic
Beverages Control Act.
(e) If the cause for suspension is a first offense violation of section 123.49(2)(h) of the Code
of Iowa, the City Council shall impose a penalty in the amount of three hundred dollars
($300.00) in lieu of suspension of the license or permit. (1976 Code, § 5-36; Ord. 68-97, §
10, 11-17-1997)
Do you wish to change the $300 penalty to refer to the general penalty in section 1-8 of your
code?
O Leave as is
O Yes, change as suggested
13 Other
l'
Sec. 5-37. Suspension And Revocation -Specific Terms: pages 266, 267
(a) The conviction of any liquor control licensee, wine permittee or beer permittee
for a violation of any of the provisions of subsections (1) to (6), inclusive, of Section 5-3 of
this Chapter shall, subject to subsection (b) of this Section, be grounds for the suspension or
revocation of the license or permit by the Division or the City. However, if any liquor
control licensee is convicted of any violation of section 123.49(2)(a), (d) and (3) of the
Code of Iowa or any beer permittee convicted of a violation of section 123.49(2)(a) of the
Code of Iowa, the liquor control license, wine or beer permit shall be revoked and shall
immediately be surrendered by the holder, and the bond of the license or permit holder shall
be forfeited to the Division.
Is it tile city's intent not to include subsections (7) and (8) of section 5-3?
O Leave as is
0 State "subsection s(1) to (8), inclusive, of section 5-3..."
O Other
(b) If any licensee, wine permittee, beer permittee or employee of such licensee or
permittee shall be convicted of a violation of section 123.49(2)(h) of the Code of Iowa or a
retail beer permittee shall be convicted of a violation of subsection 5-3(6) of this Chapter, the
City shall, in addition to the other penalties fixed for such violations by this Section, assess a
penalty as follows:
(1) Upon a first conviction, the violator shall be assessed a civil penalty in the amount of
three hundred dollars ($300.00). Failure to pay the civil penalty will result in automatic
suspension of the license or permit for a period of fourteen (14) days.
Is the $300 civil penalty correct?
O Leave as is
O Change as follows
(2) Upon a second conviction within a period of two (2) years, the violator's liquor control
license, wine or beer permit shall be suspended for a period of thirty (30) days.
(3) Upon a third conviction within a period of three (3) years, the violator's liquor control
license, wine or beer permit shall be suspended for a period of sixty (60) days.
(4) Upon a fourth conviction within a period of three (3) years, the violator's liquor control
license, wine or beer permit shall be revoked. (1976 Code, § 5-37; Ord. 68-97, § 11, 11-
17-1997)
Sec. 5-38. Appeal And Hearing: page 267
The right of appeal to the Hearing Board shall be afforded a liquor control licensee, wine
permittee or beer permittee whose license or permit has been suspended or revoked.
6
Any applicant who feels aggrieved by a decision of the director or the City disapproving,
suspending or revoking issuance of a liquor control license, wine permit or beer permit
may appeal from the decision within ten (10) days to the District Court of the county wherein
the premises covered by the application are situated, provided the applicant has exercised
the applicant's right of appeal to the Hearing Board as provided by State law. The City may
appeal a decision of the Hearing Board within ten (10) days to the District Court of the
county wherein the premises covered by the application are situated. (1976 Code, § 5-38)
To what reference is the "hearing board'?
CI Leave as is
0 Change as follows
Sec. 5-39. Effect Of Revocation: page 267
Any liquor control licensee or beer or wine permittee whose license or permit is
revoked under the Iowa Alcoholic Beverage Control Act shall not thereafter be permitted to
hold a liquor control license or a beer or wine permit in the State for a period of two
(2) years from the date of the revocation. The spouse and business associates holding ten
percent (10%) or more of the capital stock or ownership interest In the business of a person
whose license or permit has been revoked shall not be issued a liquor control license or
beer or wine permit, and no liquor control license or beer or wine permit shall be
issued which covers any business in which such person has a financial interest for a period of
two (2) years from the date of such revocation. In the event a license or permit is revoked,
the premises which had been covered by the license or permit shall not be relicensed for one
year. (1976 Code, § 5-39)
f
1
w
4.
CHAPTER 6
AMUSEMENTS
This chapter is a good examp/e ofsome poor organization, making the reader have to look
through much wording to find the particulars. We have prepared an examp/e ofsome
reorganization to this chapter for your review. You may want to make such a change to this
present chapter. All our questions and findings regarding this chapter, however, ante contained in
this present format to said chapter.
D Replace this chapter 6 with your suggested draft, as we have marked
D Use our present chapter 6 with the changes we have marked
D Other
ARTICLE III. BILLIARD AND POOL HALLS
Division 2. Licenses
Sec. 6-29. Required: page 321
No billiard and pool hall shall be established or conducted within the city without there first
having been procured from the city manager a license for that purpose. (Code 1976, § 6-29)
Are provisions relating to the city manager as the issuing official correct?
D Yes
O No, change to read
Sec. 6-30. Fees: page 321
The owner or operator of a pool or billiard hall shall pay a license fee of five dollars ($5.00) for
each pool or billiard table, per year. (Code 1976, § 6-20)
Is this fee current?
D Yes
D No, change to read
Sec. 6-31. Revocation page 321
In addition to any fine or imprisonment for violations of this article, the license required by this
division may be revoked at the will of the manager. (Code 1974, § 6-31)
Note that there are no similar provisions as contained in this section in the other articles to this
chapter. We suggest that perhaps this should be put under Artic/e 1, along with provisions
relating to.-
exemptions
o:exemptions to license fees (sections 6-46, 6-64, 6-78, 6-102, 6-116, 6-132)
sanitary premises (sections (sections 6-99 and 6-150)
revocation provisions (sections 6-31 and 6-148)
compliance with city and state regulations (section 6-131)
O Leave as is
0 Change as suggested
O Change as follows
ARTICLE III. BOWING ALLEYS
Sec. 6-44. License Required: page 321
No person shall operate a bowling alley without first obtaining a license therefor. (Code 1976, §
6-44)
Should provisions be included stating from whom the license is issued?
O No, leave as is
O Yes, add "license therefore from the city manager"
O Yes, change to read
Sec. 6-45. License Fee: page 321
The owner or operator of a bowling alley shall pay a license fee of five dollars ($5.00) per year
for each bowling alley, or similar device. (Code 1976, § 6-45)
Is this fee current?
O Yes
O No, change to read
ARTICLE IV. CIRCUSES, CARNIVALS AND MENAGERIES
Sec. 6-58. Permit -Required: page 321
No circus, menagerie, carnival or show shall be held within the city without a permit having first
been procured therefor from the city manager. (Code 1976, § 6-58)
Are provisions relating to the city manager as the issuing official correct?
O Yes
O No, change to read
Sec. 6-59. Same -Fees Prerequisite To Issuance: page 322
No permit required by Section 6-58 shall be issued without the following fees having been paid
therefor in advance:
(1) For each circus or menagerie two hundred dollars ($200.00) for the first day and one
hundred dollars ($100.00) for each succeeding day.
(2) For each wild west show one hundred twenty-five dollars ($125.00) for the first day and
seventy-five dollars ($75.00) for each succeeding day.
(3) For each dog and pony show fifty dollars ($50.00) for the first day and twenty-five dollars
($25.00) for each succeeding day.
(4) For each carnival fifty dollars ($50.00) for the first day and twenty-five dollars ($25.00) for
each succeeding day. (Code 1976, § 6-59)
Are these fees current?
CI Yes
O No, change to read
Sec. 6-62. Excluded From Residence Neighborhoods: page 322
(a) The term, "residence neighborhood or district" as used in this section shall be defined to be
any part of the city which is built up with residences, homes, churches or schools where such
buildings are within two hundred fifty (250) feet in any direction of the place where it is proposed
to hold or conduct such performances.
(b) No person shall be permitted to conduct or operate a circus, menagerie, carnival or show
anywhere within the city in residence neighborhoods or districts. (Code 1976, § 6-62)
Is this section needed, as these activities would be governed by permitted and conditional uses in
your zoning ordinance?
O Leave as is
O Eliminate section
O Change as follows
Sec. 6-63. Parades: page 322
Circus parades shall be permitted only with the approval of the city manager who shall prescribe
the streets which may be used. Circus vehicles, except in parades, shall not be drawn over
streets paved with soft top materials whenever a hard top street can be used. (Code 1976, § 6-
63)
Suggest that this section merely refer to section 33-21 of your code relating to parades, their
permits and issuance requirements?
O Leave as is
O Change to refer to section 33-21
O Eliminate section
O Change as follows
ARTICLE V. OPEN AIR SHOWS page 322
Are provisions of this article different than in article IV on circuses, etc.?
O Leave as is
O Eliminate article
O Change to read
Sec. 6-77. License Fees: page 323
The license fee for an open-air show shall be seventy five dollars ($75.00) for the first day and
twenty five dollars ($25.00) for each succeeding day; provided that, where the council shall find
that the profits from such show are devoted to civic, charitable, patriotic or other public purposes
it may remit the fee in whole or in part. (1976 Code, § 6-77)
Is this fee current?
O Yes
0 No, change to read
ARTICLE VL PUBLIC DANCES AND DANCE HALLS
Sec. 6-92. Annual License Fees: page 323
Each person engaged in or conducting a public dance hall or giving public dances shall pay to the
clerk each year in advance at the time of the issuance of the license required by this article, a
license fee as follows:
Are the provisions relating to the city clerk correct?
13 Yes
O No, change to read
(1) If the dance hall has a floor space not exceeding two thousand five hundred (2,500) square
feet, the annual license fee shall be fifteen dollars ($15.00).
(2) If the dance hall has a floor space exceeding two thousand five hundred (2,500) square feet,
the annual license fee shall be twenty five dollars ($25.00). (1976 Code, § 6-92)
Are these fees current?
O Yes
O No, change to read
Sec. 6-94. Persons Giving Occasional Dances May Obtain Special Permit Therefor; Permit Fee:
page 324
(a) Each person giving an occasional public dance shall obtain in advance a special permit for
each dance and shall pay to the clerk a permit fee of five dollars ($5.00) for each such dance
given.
Is this fee current?
O Yes
O No, change to read
jl
Sec. 6-101. Patrons To Be Allowed To Participate In All Dances For One Admission Fee; Pass -Out
Or Return Checks Prohibited: page 324
The admission fee to a public dance or public dance hall, if any, shall entitle any person paying
the fee to participate in all dances and no separate or individual fee shall be charged or collected
for participation in any individual dance. No pass -out or return checks shall be issued and
persons leaving the dance hall and its anterooms shall not be readmitted thereto, except upon
payment of the regular admission fee. (1976 Code, § 6-101)
Are the provisions of this section current?
o Yes
o No, change to read
ARTICLE vn. SHOOTING GALLERIES
Sec. 6-115. License Fees: page 325
The license fee for shooting galleries is hereby fixed at two dollars ($2.00) per day; five dollars
($5.00) per week; or ten dollars ($10.00) per month. (1976 Code, § 6-115)
Are these fees current?
1:1 Yes
CI No, change to read
ARTICLE VIII. THEATERS AND HALLS
Sec. 6-129. License -Fees: page 325
The fees for the license required by this article shall be as follows:
(1) For those having a seating capacity of two hundred fifty (250) or less, twenty five dollars
($25.00) per year;
(2) For those having a seating capacity of more than two hundred fifty (250), but less than four
hundred (400), fifty dollars ($50.00) per year;
(3) For those having a seating capacity of more than three hundred ninety nine (399), but less
than eight hundred (800), seventy five dollars ($75.00) per year;
(4) For those having a seating capacity of eight hundred (800) or more, one hundred dollars
($100.00) per year. (1976 Code, § 6-129)
Are these fees current?
O Yes
CI No, change to read
ARTICLE IX. ROLLERSKATING RINKS
Sec. 6-147. License -Fee: page 326
The annual fee for a rollerskating rink license shall be one hundred dollars ($100,00), payment of
which shall be prerequisite to issuance of the license. (1976 Code, § 6-147)
Is this fee current?
D Yes
O No, change to read
Sec. 6-149. Consent Of Neighboring Property Owners Required For Location: page 326
It shall be unlawful for any person to conduct in the city a rollerskating rink unless the written
consent of eighty percent (80%) of the resident property owners within two hundred feet (200')
from the location of such rollerskating rink is first secured and filed in the office of the city clerk.
(1976 Code, § 6-149)
Are these provisions covered by your zoning ordinance and need not be included in this chapter?
O Leave as is
O Eliminate section
O Change as follows
Sec. 6-151. Certain Persons And Acts Prohibited: page 327
Any person conducting or operating a rollerskating rink shall not permit in such rink or on the
premises on which such rink is situated:
(1) The presence of any person sixteen (16) years of age or less after nine thirty o'clock (9:30)
P.M. of any day unless accompanied by such person's parent or lawful guardian; provided
however, that this subsection shall not apply to any rollerskating rink in any permanent enclosed
building which has been built especially for the purpose of conducting a rollerskating rink.
Are these provisions current?
O Leave as is
O Change as follows
(2) The use of any intoxicating liquor or drug.
(3) The presence of any person under the influence of intoxicating liquor or drug.
(4) The presence of any person having in such person's possession or offering for sale, selling or
giving away, any intoxicating liquor or drug.
(5) The presence of idlers, loiterers, or other hangers-on. (1976 Code, § 6-151)
Sec. 6-152. Noises: page 327
No loud or unusual noises shall be permitted upon any rollerskating rink premises, nor shall any
music be played unless such music shall be so controlled as not to constitute a nuisance. (1976
Code, § 6-152)
We suggest that the provisions of this section should be added as an item under the preceding
section.
O Leave as is
O Change as follows
Sec. 6-153. Permitted Hours Of Operation: page 327
All public rollerskating rinks shall be closed on or before the hour of ten thirty o'clock (10:30)
P.M. each and every night and no such public rollerskating rink shall be open or any skating
permitted between such closing hour and the hour of two o'clock (2:00) P.M. the following day;
provided, however, that any rollerskating rink operated in any permanent building which has
been built especially for the purpose of conducting a rollerskating rink therein may be and remain
open between the hours of nine o'clock (9:00) A.M. and twelve o'clock (12:00) midnight on
weekdays and between the hours of twelve o'clock (12:00) noon and twelve o'clock (12:00)
midnight on Sundays. (1976 Code, § 6-153)
Are Saturdays included with "weekdays'? Suggest that perhaps you state "on weekdays and
Saturdays"
CI Leave as is
Cl Change as suggested
o Change as follows
1
Chapter 6
AMUSEMENTS 28
ARTICLE I. IN GENERAL
6-1. DEFINITIONS:
BILLIARD AND POOL HAI I,S: Any business in which pool tables or billiard tables are operated for
profit, whether as a principal part of the business, or conducted in connection with some other
business, except non-profit corporations and fraternal associations operating pool and billiard
tables primarily for their own members. (Code 1976, § 6-16)
BOWLING ALLEY: Any business which, as its principal business or in connection with some other
business, operates bowling alleys, box ball alleys, duck pin alleys, or similar devices for profit,
excepting charitable, corporation, or fraternal associations operating such devices primarily for
their own members. (Code 1976, § 6-43)
OPEN AIR SHOW: Any traveling show, exhibition or amusement conducted for profit in the open
air, or in any tent, or other temporary structure. (Code 1976, § 6-75)
PUBLIC DANCE HALL: Any room, place or space open to the public where dancing is allowed with
or without the payment of a fee, notwithstanding the fact that food may be served therein and a
restaurant license held pursuant to state law, this code or other ordinance of the city.
PUBLIC DANCE OR PUBLIC BALL: Any dance to which the public generally may gain admission
with or without the payment of a fee. (1976 Code, § 6-90)
RESIDENT PROPERTY OWNER: The owner or owners of property that is being occupied by
people as homes, or places in which to live.
ROLLERSKATING RINK: Any room, place, floor, or space in which rollerskating is conducted or
allowed, and where admission can be had by the payment of a fee or by purchase, possession or
presentation of a token or ticket, or in which a charge is made for the care of clothing or other
property, or for the rental; of roller skates, or where the public generally may gain admission with
or without the payment of a fee for rollerskating. (1976 Code, § 6-145)
6-2. LICENSES REQUIRED:
None of the following amusements shall be established or conducted within the city without there
first having been procured from the city manager a license for that purpose. (Code 1976, § 6-29)
Billiard and pool halls
Bowling alleys
Circuses, carnivals, menageries or shows
Open air shows
Public dance halls
Rollerskating rinks
Shooting galleries
Theater, motion picture theater, opera house or other building or hall used for public
entertainment
6-3. LICENSE FEES:
Annual licenses fees shall be as follows:
Billiard and pool halls, per table $ 5.00
Bowling alleys, per alley or similar device 5.00
Circus or menagerie
First day 200.00
Each succeeding day 100.00
wild west show
First day 125.00
Each succeeding day , 75.00
Dog and pony show
First day 50.00
Each succeeding day 25.00
Carnival
First day 50.00
Each succeeding day 25.00
Open air show
First day 75.00
Each succeeding day 25.00
Public dance hall or public dance
Dance hall floor space not exceeding 2,500 square feet 15.00
Dance hall floor space exceeding 2,500 square feet 25.00
Rollerskating rinks 100.00
Shooting galleries
Per month 10.00
Per week 5.00
Per day 2.00
Theaters, motion picture theaters and places of public entertainment
Seating capacity of 250 or less 25.00
Seating capacity of more than 250 but less than 400 50.00,
Seating capacity of more than 399 but less than 800 75.00
Seating capacity of 800 or more 100.00
6-4. EXEMPTIONS FROM FEES:
(a) Nonprofit, tax exempt organizations located within the city shall be exempt from the payment
of fees as set forth in Section 6-59; however, such organizations shall be subject to all other
requirements of this article. (Code 1976, § 6-64)
(b) The city council' may, upon proper application and showing, exempt any disabled veteran, or
crippled, disabled or indigent person, from all or part of the provisions of this article. (1976 Cate,
§ 6-78)
6-5. LICENSES TO BE POSTED;
Each person issued a license pursuant to this chapter shall post the license in a conspicuous
place on the premises where such license is in effect. (1976 Code, § 6-97)
6-6. REVOCATION OF LICENSES:
In addition to any fine or imprisonment for violations of this chapter, the license required by this
division may be revoked at the will of the manager, for any of the following reasons: (Code 1976,
§ 6-31)
(a) for disorderly or immoral conduct on the premises;
(b) for the violation of the provisions of this chapter
If at any time the license of a rollerskating rink shall, be revoked, at least six (6) months shall
elapse before another license shall be granted for the use of the same premises as a rollerskating
rink. (1976 Code, § 6-148)
ARTICLE II. SPECIFIC REGULATIONS.
Division 1. CIRCUSES, CARNIVALS AND MENAGERIES
6-10. CONDITIONS TO PERMIT ISSUANCE;
The city council reserves the right to impose additional conditions and restrictions as a condition
to the issuance of the permit required by Section 6-3 as the circumstances, from time to time,
may require. (Code 1976, § 6-60)
6-21. MANNER OF CONDUCTING;
Circuses, menageries, carnivals and shows, shall at all times be conducted in an orderly,
peaceful, lawful and quiet manner and so as not to interfere with or obstruct streets and;
highways near and, adjacent to where such performances are being held, (Code 1976, § 6-61)
6-22. EXCLUDED FROM RESIDENCE NEIGHBORHOODS:
(a) The term, „residence neighborhood or district" as used in this section shall be defined to be
any part of the city which is built up with residences, homes, churches or schools where such
buildings are within two hundred fifty (250) feet in any direction of the place where it is proposed
to hold or conduct such performances.
(b) No person shall be permitted to conduct or operate a circus, menagerie, carnival or show
anywhere within the city in residence neighborhoods or districts. (Code 1976, § 6-62)
6-23.PARADES:
Circus parades shall be permitted only with the approval of the city manager who shall prescribe
the streets which may be used. Circus vehicles, except in parades, shall not be drawn over
streets paved with soft top materials whenever a hard top street can be used. (Code 1976, § 6-
63)
Division 3. PUBLIC DANCES AND DANCE HALLS
6-25. LICENSE REQUIRED: MANAGER'S POWERS:
(a) It shall be unlawful to hold any public dance or public ball until` the dance hall in which the
dance or ball is to be held shall have first been duly licensed for such purpose. The license shall
be issued by the clerk and countersigned by the manager, and the fee therefor shall be pad at
the time of the issuance of the license.
j; (b) The manager may refuse to countersign the license or, if it has been countersigned, may
__ revoke the license for disorderly or immoral conduct on the premises or for a violation of any of
the provisions of this code, other ordinances of the city and state laws governing or applying to
public dance halls or public dances.
(c) If at any time the license of a public dance hall is revoked, at least six (6) months shall elapse
before another license shall be granted to the licensee for dancing on the same premises. (1976
Code, § 6-91)
6-26. BASIS OF FLOOR SPACE COMPUTATION:
For the purpose of this chapter in computing floor space, only that portion of the floor actually
used for dancing shall be considered. (1976 Code, § 6-93)
6-27. SPECIAL PERMITS FOR OCCASIONAL DANCES:
(a) Each person giving an occasional public dance shall obtain in advance a special permit for
each dance and shall pay to the clerk a permit fee of five dollars ($5.00) for each such dance
given.
(b) Any person giving a public dance on an average of once a month shall be regarded as
conducting public dances and shall be liable for the annual license fee as provided in this article.
(1976 Code, § 6-94)
6-28. LICENSE YEAR; DISPOSITION OF FEES:
(a) Each license granted pursuant to this article shall expire March 31 in each year.
(b) All monies received by way of license or permit fees shall be paid into the general fund of the
city. (1976 Code, § 6-95)
6-29. CONDITION OF PREMISES:
(a) All public dance halls shall be kept at all times in a dean and sanitary condition, and all
stairways and other passages and all rooms connected with a dance hall shall be kept open and
well lighted.
(b) The chief of police and all other police officers of the city shall have the power to cause the
place, hall or room where any dance or ball is held or given to be vacated whenever any
disorder, which constitutes an imminent threat to the public safety, shall take place therein.
(c) Disorderly or intoxicated persons shall not be permitted to attend a public dance or remain in
or about a public dance hall. (1976 Code, § 6-99; Ord. 61-01, § 2, 10-1-2001)
6-30. CLOSING HOURS:
All public dances shall be discontinued, and all public dance halls shall be dosed, on or before the
hour of one o'clock (1:00) A.M. of each day of the week, and no dancing shall be carried on in
any public dance hall at a later hour than one o'clock (1:00) A.M. (1976 Code, § 6-100)
6-31. PARTICIPATION REGULATIONS:
The admission fee to a public dance or public dance hall, if any, shall entitle any person paying
the fee to participate in all dances and no separate or individual fee shall be charged or collected
for participation in any individual dance. No pass -out or return checks shall be issued and
(e) The presence of idlers, loiterers, or other hangers-on. (1976 Code, § 6-151)
(f) No loud or unusual noises shall be permitted upon any rollerskating rink premises, nor shall
any music be played unless such music shall be so controlled as not to constitute a nuisance.
(1976 Code, § 6-152)
6-44. HOURS OF OPERATION:
Ali public rollerskating rinks shall be dosed on or before the hour of ten thirty o'clock (10:30)
P.M. each and every night and no such public rollerskating rink shall be open or any skating
permitted between such dosing hour and the hour of two o'clock (2:00) P.M. the following day;
provided, however, that any rollerskating rink operated in any permanent building which has
been built especially for the purpose of conducting a rollerskating rink therein may be and remain
open between the hours of nine o'clock (9:00) A.M. and twelve o'clock (12:00) midnight on
weekdays and between the hours of twelve o'clock (12:00) noon and twelve o'clock (12:00)
midnight on Sundays. (1976 Code, § 6-153)
persons leaving the dance hall and its anterooms shall not be readmitted thereto, except upon
payment of the regular admission fee. (1976 Code, § 6401)
Division 4. THEATERS AND HALLS
6-35. LICENSE PRORATED:
Any person starling in business after April 1, for which an annual license is required, may apply
for and have issued to such person a license as provided by section 31-6 of this code. Motion
picture theaters under a common roof, but containing separate seating facilities and separate
movie projection display facilities, shall be deemed separate theaters for the purposes of this
article. (1976 Code, § 6-130)
6-36. COMPLIANCE WITH STATE AND CITY REGULATIONS REQUIRED:
All rules, regulations and requirements of the laws of the state and the city building code relating
to theaters, motion picture shows and exhibition halls shall be strictly complied with and such
regulations are made a part of this article by reference thereto. (1976 Code, § 6-131)
Division 5. ROLLERSKATING RINKS
6-40. NEIGHBORING PROPERTY OWNERS CONSENT REQUIRED:
It shall be unlawful for any person to conduct in the city a rollerskating rink unless the written
consent of eighty percent (80%) of the resident property owners within two hundred feet (200')
from the location of such rollerskating rink is first secured and filed in the office of the city Berk.
(1976 Code, § 6-149)
6-42, CONDTT:iONS OF PREMISES:
Every rollerskating rink shall be kept at all times in a dean, healthful and sanitary condition, and
while any skating is held therein, the entire skating rink and all rooms connected therewith, and
all sidewalks and passageways leading into such rink shall be kept open and well lighted at all
times. (1976 Code, § 6-150)
6-43. PROHIBITED PERSONS AND ACTS:
Any person conducting or operating a rollerskating rink shall not permit in such rink or on the
premises on which such rink is situated:
(a) The presence of any person sixteen (16) years of age or less after nine thirty o'clock (9:30)
P.M. of any day unless accompanied by such person's, parent or lawful guardian; provided
however, that this subsection shall not apply to any rollerskating rink in any permanent enclosed
building which has been built especially for the purpose of conducting a rollerskating rink.
(b) The use of any intoxicating liquor or drug.
(c) The presence of any person under the influence of intoxicating liquor or drug.
(d) The presence of any person having in such person's possession or offering for sale, selling or
giving away, any intoxicating liquor or drug.
CHAPTER 7
ANIMALS AND FOWL
Reference is made throughout this chapter to the "health officer" and the "health services
division". Are these correct references?
Yes
D No, change "health officer" to read
ID No, change "health services division" to read
ARTICLE I. IN GENERAL
Sec. 7-1. Sale Of Baby Chickens, Rabbits And Ducklings Restricted: page 379
(a) It shall be unlawful for any person to sell, or offer for sale, barter, or give away, baby chicks,
rabbits, ducklings or other fowl as pets or novelties, whether or not dyed, colored, or otherwise
artificially treated.
(b) This section shall not be construed to prohibit the display or sale of natural chicks, ducklings
or rabbits in proper brooder facilities, by hatcheries or stores engaged in the business of selling
the same to be raised for commercial purposes.
(c) No person shall engage in the business of selling baby chicks, poultry or domestic fowl within
the city unless such person has been licensed to do so by the department of agriculture of the
state. (1976 Code, § 7-1)
Are the provisions of this section now obsolete?
11 No, leave as is
O Yes, eliminate section
o Other
Sec. 7-2. Restrictions On Maintaining Livestock Within City: page 379
(a) No person shall keep or maintain within the corporate limits of the city any pens, buildings,
yards, sheds or enclosures wherein any cattle, sheep or swine are collected, kept or fed for
commercial purposes unless such pens, buildings, yards, sheds or enclosures are erected,
constructed and maintained as provided in this section.
(b) All such pens, buildings, yards, sheds or enclosures shall be erected and maintained with
floors constructed of concrete at least four inches (4") thick with a smoothly troweled wearing
surface.
(c) All such concrete floors shall be constructed so as to drain to a catch basin or basins
connected with the sanitary sewage system of the city, or in the event there is no such sewage
system within two hundred feet (200') from the property line, such basin or basins shall be
connected with a sewage disposal system approved by the health services division. (1976 Code,
§ 7-2; Ord. 4-93, § 1, 1-18-1993)
Review this section to be sure it is not obsolete, especially the provisions in subsection (c)
relating to location within 200 feet of a sanitary sewerage system.
0 Leave as is
CI Change as follows
ARTICLE II. DOGS AND CATS
Division 1. Generally
Sec. 7-20. City Manager's Authority: page 380
The city manager is hereby authorized to contract from year to year with any pound or animal
shelter as defined by section 162.2 of the code of Iowa for carrying out the provisions of this
article including the collection, protection and disposition of dogs, cats and other animals and the
collection of fees for licensing and care of seized and impounded dogs and cats. (1976 Code, § 7-
20)
Are the provisions of this section current?
O Yes
O No, change to read
Division 2. License
Sec. 7-31. Office Designated: page 381
The city clerk is designated as the official agent of the city for the purpose of issuing city dog and
cat licenses and collecting fees therefor.
The city manager shall have authority to enter into agreements with other governmental
agencies, a corporation or an individual as a collection agent for the efficient collection of license
fees and the issuance of city dog and cat licenses. (1976 Code, § 7-31)
Are the provisions relating to the city clerk and the city manager current?
O Yes
ci No, change to read
Sec. 7-34. Dogs -Expiration; Renewal; Delinquent Fee: page 382
Effective April 1, 1982, all dog licenses issued under this division shall expire on December 31 of
the year in which issued and shall become delinquent on March 31 of the year due. A penalty of
five dollars ($5.00) shall be added to the required license fee for each delinquent dog license.
(1976 Code, § 7-34)
Is this fee current? Note that you changed the fees in section 7-33 in 2001, but did not change
this section.
0 Yes
0 No, change to read
Sec. 7-36. Cats -Expiration; Renewal; Delinquent Fees: page 382
Effective July 1, 1982, all cat licenses issued under this division shall expire on June 30 of the
year following and shall become delinquent on September 30 of the year due. A penalty fee of
five dollars ($5.00) shall be added to the required license fee for each delinquent cat license.
(1976 Code, § 7-36)
Is this fee current? Note that you changed the fees in section 7-34 in 2001, but did not change
this section.
O Yes
O No, change to read
Sec. 7-37. Issuance: page 382
The city manager shall cause to be issued dog and cat licenses upon proper application and
payment of the fee provided in this division. (1976 Code, § 7-37)
Review this with section 7-31. Are these provisions in conflict with one another?
O No, leave as is
O Yes, eliminate this section
O Change as follows
Sec. 7-40. Fee For Duplicate: page 382.1
The fee for a duplicate license for either a dog or cat shall be two dollars fifty cents ($2.50).
(1976 Code, § 7-40)
Is this fee current? Note that you did change some fees in 2001, but not this one.
O Yes
O No, change to read
Division 3. Rabies Control
Sec. 7-45. Vaccination Required: page 382.1
(a) It shall be unlawful for the owner of any domesticated species of dog or cat to keep or
maintain such animal unless the dog or cat shall be vaccinated against rabies by a licensed
veterinarian with a vaccine approved by the Iowa department of agriculture and administered in
accordance with the following schedule:
Age At
Primary
Class Of Vaccination
Animal(Months) Booster
Dogs 3 1 year later,
triennially thereafter
Cats 3 Annually* or 1 year
later, triennially
thereafter
*Approved 3 year vaccine may be substituted.
Are these provisions current?
O Yes
O No, change to read
(b) It shall be unlawful for the owner or keeper of any ferret to keep or maintain such animal
unless the ferret shall be vaccinated against rabies by a licensed veterinarian with a vaccine
licensed for the use in ferrets and administered in accordance with the following schedule:
Age At
Primary
Class Of Vaccination
Animal (Months)
Ferret 3
Are these provisions current?
O Yes
O No, change to read
Sec. 7-46. Confinement Authorized: page 383
Booster
Annually
(c) The owner or keeper of any dog or cat or other animal which has bitten a person may apply
to the health officer to have the animal released for the purpose of home quarantine. Home
quarantine shall not be permitted unless all of the following conditions are met:
(5) Prior to approval of home quarantine, the owner or keeper must have the animal examined
by a veterinarian, licensed in the State of Iowa, who shall certify that the animal appears to be
free of rabies or any other zoonosis. Such examination and certification must be repeated on the
tenth day.
In lieu of using the word "zoonosis", which most people would have to look up in the dictionary,
you could substitute "disease'?
O No, leave as is
O Change as suggested
O Change as follows
(1,3) The owner or keeper shall agree in writing that if the animal disappears during the home
quarantine, the owner or keeper shall pay as liquidated damages to the person bitten the sum of
two hundred dollars ($200.00) and shall also indemnify the person bitten for any and all medical
expenses incurred as a result of the disappearance of the animal. Acceptance of any such
payments by the person bitten shall not in any way release the owner or keeper from any other
liability the owner may have to the person bitten by reason of the animal bite. It shall be the sole
responsibility of the person bitten, and not the responsibility of the city, to enforce such
agreement. This paragraph shall not apply if the person bitten is the owner or keeper of the
animal or any person residing with the owner or keeper.
Is the $200 amount current?
O Yes
O No, change to read
ARTICLE III. DANGEROUS ANIMALS
Sec. 7-78. Dangerous Animals, Exceptions: page 386
The prohibition contained in Section 7-77 of this Article and the licensing provisions of Section 7-
79 of this Article shall not apply to the keeping of dangerous animals in the following
circumstances:
(5) Any dangerous animals under the jurisdiction of and in the possession of the Iowa
Conservation Commission, pursuant to chapter 109 or 109A of the Iowa Code.
(6) A bona fide commercial per shop licensed and inspected by the Iowa Department of
Agriculture. Any such pet shop shall post in a conspicuous place, the following notice:
NOTICE
Section 7-77 of the City of Dubuque Code of Ordinances prohibits the keeping, sheltering or
harboring for any purpose within the City of Dubuque, any dangerous animal, as defined in
Section 7-75. Dangerous animal includes but is not limited to the following:
Lions, coyotes and foxes;
Badgers, wolverines, weasels, skunks and mink;
Raccoon;
Bears;
Monkeys and chimpanzees;
Alligators and crocodiles;
Scorpions;
Snakes that are venomous or of the family: Boidae;
Gila monsters; and
Any cross breed of such animals that have similar characteristics of the animals specified
above.
(1976 Code, § 7-78; Ord. 4-93, § 5, 1-18-1993)
Should this list minor the one found in section 7-75?
o No, leave as is
1:1 Yes, change this list to read the same as in section 7-75
o Yes, change the list in section 7-75 to read the same as this list
O Other
f
h
Sec. 7-81. Seizure, Impoundment And Disposition Of Dangerous Animals: page 387
(b) Upon the complaint of any individual that a person is keeping, sheltering, or harboring a
dangerous animal on -premises in the city in violation of section 7-77, 7-79, 7-80 of this article or
that a person is keeping, sheltering or harboring a dangerous animal which has demonstrated a
propensity to attack or bite without provocation,
animal-ir*the-eity, the health services officer shall order the person named in the complaint to
safely remove such animal from the city, permanently place the animal with an organization or
group allowed under section 7-78 of this article to possess dangerous animals, or destroy the
animal, within three (3) days of the receipt of such order. Such order shall be contained in a
notice to remove the dangerous animal, which notice shall be in writing and delivered personally
or by certified mail to the person keeping, sheltering or harboring the dangerous animal
Note the provisions bolded and stricken through above We believe that this language should be
eliminated from this section?
D Leave as is
O Yes, eliminate language as suggested
O Other
CHAPTER 9
BICYCLES
ARTICLE II. OPERATING BICYCLES
Sec. 9-6. Equipment: page 539
Should there be provisions in this section relating to helmets?
O Leave as is
O Add provisions from
O Change as follows
Sec. 9-7. Required Method Of Riding A Bicycle: page 539
(a) No bicycle shall be used by either the driver or any passenger to carry more passengers than
the number for which it is designed or equipped.
(b) An adult riding a bicycle may carry a child securely attached to the person in a backpack or
sling.
(c) Every person driving a bicycle shall keep at least one hand on the handlebars at all times and
shall not carry any package, bundle or article that obstructs the driver's vision or prevents the
use of both hands in the control and operation of the bicycle. (Code 1976. § 9-7)
Could easily add the provisions of section 9-23 to this section. Section 9-23 follows.
Sec. 9-23. Application Of Traffic Laws To Bicycles: page 542
Every person driving a bicycle has all of the rights and duties applicable to the driver of a
vehicle except as modified by this Chapter. (1976 Code, § 9-23)
O Leave as is
O Change as suggested
O Other
Sec. 9-18. Bicycle In Crosswalk: page 541
Persons driving bicycles across a street and along a crosswalk from a sidewalk or bike path have
all the duties applicable to pedestrians under the same circumstances and similarly have such
rights, but only when the approach and entry into the street are made at a speed no greater than
an ordinary walk so that other drivers may anticipate the necessity to yield when required. (1976
Code, § 9-18)
Could. easily add the provisions of section 9-22 to this section. Section 9-22 follows.
Sec. 9-22. Bicycle Must Yield To Pedestrian On Sidewalk: page 542
(a) A person driving a bicycle upon a sidewalk, or in a crosswalk shall yield the right of way
to any pedestrian and shall give an audible signal before overtaking and passing any
pedestrian.
(b) A person shall not drive a bicycle upon a sidewalk or in a crosswalk in those areas of the
City where there is pedestrian congestion or at times in other areas of the city where there is
pedestrian congestion. In such event, a bicyclist shall walk the bicycle if there is no street
upon which a bicycle may be driven with safety. (1976 Code, § 9-22)
O Leave as is
O Change as suggested
O Other
ARTICLE III. REGISTRATION
Sec. 9-31. Registration Fees: page 543
(a) The fee for a bicycle registration for years 1998 and 1999 shall be one dollar ($1.00) valid
until December 31, 1999.
(b) For registrations on and after January 1, 2000, the fee for a bicycle registration shall be three
dollars ($3.00), valid for a maximum of three (3) years and expiring December 31 of the second
calendar year after the calendar year of registrationl.
(c) Bicycle registration fees shall not be prorated, refundable or transferred. (1976 Code, § 9-31;
Ord. 18-99, §§ 1, 2, 3-2-1999)
Suggest that subsection (a) could be removed from your code
O Leave as is
O Eliminate subsection (a)
O Other
Sec. 9-32. Bicycle Records: page 543
The Police Department shall keep a record of the number of each registration, the date issued,
the name and address of the person to whom issued, the number of the frame of the bicycle for
which issued, and a record of all bicycle registration fees collected. (1976 Code, § 9-32)
Are the provisions relating to the police department current?
0 Leave as is
O Change as follows
Sec. 9-34. Replacement Of Registration Sticker Or Decal: page 543
In the event of loss or destruction of the original registration sticker or decal, the owner of the
bicycle may secure a replacement upon the payment of a fee of twenty five cents ($0.25) up to
May 1, 1986, and one dollar ($1.00) thereafter. (1976 Code, § 9-34)
I
Suggest that reference to the 25 cent fee can be eliminated along with the Hay 1, 1986 date.
O Leave as is
O Eliminate wording as suggested
O Other
Is the $1 fee adequate?
O Leave as is
O Change as follows
Sec. 9-36. Procedure Upon Sale Or Transfer Of Registered Bicycle: page 543
In the event a bicycle registered pursuant to this Article shall be sold or transferred, the
registration sticker or decal shall pass on to the new owner or transferee and the sale or transfer
of such bicycle shall be reported to the Chief of Police by the new owner or transferee within five
(5) days after such sale or transfer together with the name of the new owner or transferee of
such bicycle. (1976 Code, § 9-36)
Do these provisions conflict with section 9-33(c)?
O Leave as is
O Change as follows
CHAPTER 10
BOATS, BOATING AND WATERFRONT STRUCTURES
ARTICLE III. BOAT AND DOCK USE REGULATIONS
Sec. 10-24. Mooring Permits: page 597
(b) Mooring permits shall be obtained from the City Manager by making applications therefor on
forms provided by the City Manager and paying an annual permit fee therefor in accordance with
the following schedule:
Annual Fee
lygg (Per Lineal Foot)
Commercial $4.00
Pleasure craft 2.00
Are the above provisions relating to the city manager correct?
El Yes
O No, change to read
Are these fees correct?
O Yes
O No, change to read
Sec. 10-25. Expiration; Renewal: page 597
The permit required by this Article shall expire on December 30 following the issuance thereof.
The original fee and the renewal for such permit shall be due January 1 of each year for the
issuing year and shall be delinquent if unpaid by January 10 of each year. A penalty fee of ten
dollars ($10.00) shall be added to all delinquent fees. Fees shall not be prorated. (1976 Code, § 9
1/2-19)
Are these fees correct?
O Yes
O No, change to read
Sec. 10-26. Removal Of Boats Without Permits: page 598
Any boat, float, vessel, boathouse or other watercraft for which a permit has not been issued by
July 1 of any year shall be deemed abandoned and towed away, impounded by the City, and
such items shall not be returned to the owner thereof without the owner first paying a fee of one
hundred dollars ($100.00) in addition to the cost of towing and storage of such Item. If such item
is not claimed within twenty (20) days from the date of towing, and after written notice by
certified mail to the address of the owner as shown on the application, the owner fails or refuses
to claim the same, the item shall be considered abandoned and disposed of according to law.
(1976 Code, § 9 1/2-20)
Are these fees correct?
o Yes
13 No, change to read
Sec. 10-27. Mooring Of Boathouses And Floats Along The Waterfront OF The City: page 598
(a) After January 1, 1991, no new boathouses or floats shall be moored along the waterfront of
the City, nor shall any such boathouses or floats be relocated to the waterfront, without the
written permission of the City Manager.
Are the above provisions relating to the city manager correct?
13 Yes
CI No, change to read
(b) Boathouses and floats that were located along the waterfront of the City on January 1, 1991,
except those boathouses and floats in the Ice Harbor, shall be permitted to remain, but only such
general maintenance and repairs shall be permitted thereto as to keep the boathouses and floats
in the condition as set forth in Section 10-28 of this Article.
Is the reference to the Ice Harbor as the only exception correct?
13 Yes
13 No, change to read
Sec. 10-29. Commercial Activities: page 598
No commercial excursion operator shall use any City -owned water frontage without first securing
a permit from the City. A written application for such permit together with a fee of twenty five
dollars ($25.00) shall be filed with the Dock Division Manager. A separate application and permit
shall be made for each landing. (1976 Code, § 9 1/2-23)
Are these fees correct?
13 Yes
13 No, change to read
Are the above provisions relating to the dock division manager correct?
® Yes
13 No, change to read
Sec. 10-33. Water Operation Rules: page 599
(5) No watercraft shall be operated without a suitable and effective muffling device which limits
the total multiple noise to not more than eighty six (86) decibels at a distance of fifty feet (50') or
greater distance as measured by the A -weighing network as defined herein.
Note the reference to 'A -weighting network as defined herein'. Where is same defined?
O Leave as is
O Change to read
Sec. 10-36. Activities Prohibited: page 600
(a) No person shall swim, ice skate or operate a vessel towing a person or persons on water skis,
surfboard or similar device, nor shall any person engage in water skiing, surfboarding or similar
activity at any time in the following areas:
(1) Dubuque Marina Harbor.
(2) Bissell Harbor,
(3) Schmitt Harbor.
(4) Dove Harbor, Seventh Street area.
(5) Ice Harbor.
In all other areas under the jurisdiction of the City, no person shall swim, ice skate or operate a
vessel towing a person or persons on water skis, surfboard or similar device, nor shall any person
engage in water skiing, surfboarding or similar activity at any time between the hours of one-half
(1/2) hour after sunset to sunrise.
(b) Swimming or ice skating is prohibited within five hundred feet (500') of the Schmitt Harbor
boat ramp and the Hawthorne Street boat ramp.
(c) No person shall swim or wade in the waters adjacent to Riverview Park.
(d) It shall be unlawful for any person to use or consume alcoholic liquors, wines or beer in the
Hawthorne Street area described as being that section of land bordered on the east by the
Mississippi River, on the south by the Peosta Channel, on the west by the mooring slips of the
Dubuque Marina, and on the north by Volunteer Drive; provided, however, the dispensing of beer
for consumption in the Hawthorne Street area shall be permitted by a licensed beer permit holder
who has obtained written approval from the City Manager or the City Manager's designee
authorizing the use of the Hawthorne Street area for such purpose. (1976 Code, § 9 1/2-30)
Review the areas described and particulars of this section. This section has not been amended
for some time, so there may be areas that have changed over the years.
CI Leave as is
O Change as follows
Sec. 10-37. Driving Over Ice: page 600
No snowmobile or motor vehicle of any kind shall operate on the ice surface of any waterway.
(1976 Code, § 9 1/2-31)
15 this section correct with section 10-38 that follows relating to ice fishing shelters?
O Yes
O No, change to read
CHAPTER 11
BUILDINGS AND BUILDING REGULATIONS
ARTICLE L IN GENERAL
Sec. 11-1. Uniform Building Code—Adopted: page 653
Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by
reference as the building code of the City that certain building code known as the Uniform
Building Code, 1997 Edition, volumes 1-3 and as prepared and edited by the International
Conference of Building Officials of Whittier, California, and the provisions of such building code
shall be controlling in the construction of buildings and other structures and in all matters
covered by such building code within the corporate limits of the City and shall be known as the
'Dubuque Building Code". A copy of the Uniform Building Code, 1997 Edition, as adopted, shall
be on file in the office of the City Clerk for public inspection. (1976 Code, § 10-1; Ord. 44-90, § 1,
5-21-1990; Ord. 27-00, § 1, 3-20-2000)
Is this the latest edition of the budding code that the city wishes to adopt?
El Yes
D No, change to read
Sec. 11-2. Uniform Building Code—Amendments:
The code adopted by Section 11-1 of this Article is hereby amended as follows:
Sec. 105. Building Code and Advisory Appeals Board: page 654
(b) Membership. The building code advisory and appeals board shall consist of five (5) members
appointed by the city council. One (1) member shall be an architect or engineer registered in the
State of Iowa, one (1) member shall be a general building construction contractor, one (1)
member shall be a journeyman carpenter, and two (2) members shall be from the public at large.
Are the above provisions relating to membership of this board correct?
CI Yes
0 No, change to read
107.2. Permit Fees: page 658
Table No. 1-A - BUILDING PERMIT FEES
1. Permit Issuance Fee for each permit: $5.00
2. Valuation Fee Schedule (in addition to permit
$1.00 to $500.00
$501.00 to $2,000.00
issuance fee)
$10.00
$10.00 for the first $500.00, plus $1.60 for each
additional $100.00 or fraction thereof, to and
including $2,000.00.
fl
$2,001.00 to $25,000.00
$25,001.00 to $50,000.00
$50,001.00 to $100,000.00
$100,001.00 and up
34.00 for the first $2,000.00, plus $6.40 for
each additional $1,000.00 or fraction thereof, to
and including $25,000.00.
181.20 for the first $25,000.00, plus $4.80 for
each additional $1,000.00 or fraction thereof, to
and including $50,000.00.
301.20 for the first $50,000.00, plus $3.20 for
each additional $1,000.00 or fraction thereof, to
and including $100,000.00.
$461.20 for the first $100,000.00, plus $2.70 for
ach additional $1,000.00 or fraction thereof.
Other Inspections and Fees
(1) Plan review fees when a plan is required by section
302(b) of the code, per hour of review time $30.00*
(minimum of one-hour charge and charged in 1/2 -hour
increments beyond the first hour)
(2) Inspections outside of normal business hours, per hour $30.00*
(minimum charge of two (2) hours)
(3) Reinspection fee assessed under provisions of section
305(g), each $30.00*
(4) Inspections for which no fee is specifically indicated, per hour $30.00*
(minimum charge of 1/2 -hour)
(5) Additional plan review required by changes, additions
or revisions to approved plans, per hour $30.00*
(minimum charge of 1/2 -hour)
*Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include
outside plan review expense, supervision, overhead, equipment, hourly wages and fringe benefits
of the employees involved.
Are these fees correct?
CI Yes
0 No, change to read
Sec. 11-4. Demolition Permits In Demolition Districts: page 662.2
(c) Historic And Architectural Significance Guidelines And Review Criteria: The report, "Heritage
of Dubuque" dated March 1974, and filed on record on January 27, 1975, shall be considered
as a comprehensive study for the historical preservation of the city and as one of the guides to
be considered at such time as a demolition permit is applied for in a reference demolition district.
The city of Dubuque's historic property inventory and any subsequent official
architectural/historical surveys/evaluations and nominations to the national register of historic
places prepared for any buildings located within the neighborhoods described in subsection (a) of
this section also shall be considered as guidelines at such time.
Is this the latest study?
O Yes
O No, change to read
ARTICLE II. DANGEROUS BUILDINGS
Sec. 11-22: Definitions: pages 663, 664
(4) Building official is the building services division manager in the department of community
development.
Is this definition correct?
O Yes
O No, change to read
(6) Health officer is the housing services division manager in the department of community
development. (Code 1976, § 10-18)
Is this definition correct?
O Yes
O No, change to read
Sec. 11-24. Notices And Orders Of Building Official: page 665
(b) The building official shall issue a notice and order directed to the record owner of the
building. The notice and order shall contain:
(5) Statements advising (a) that any person having any record title or legal interest in the
building may appeal from the notice and order or any action of the building official to the building
code and advisory appeals board, provided the appeal is made in writing as provided in this
article and filed with the building official within thirty (30) days from the date of service of such
notice and order; and (b) that failure to appeal will constitute a waiver of all right to an
administrative hearing and determination of the matter.
Review the provisions of this paragraph (5) with the second paragraph to section 11-2, section
105(d)(10) which reads:
The appeal shall be made by the person aggrieved, giving written notice of such appeal to
the building official within seven (7) days of receipt of decision from which the appeal is
taken. The building code board sitting as an appeal board shall meet within ten (10) working
days after receiving such notice and render a decision within five (5) working days thereafter.
Any interested party, including the bidding official, shall have the right to present their case
to the appeal board, whose decision shall be final unless appealed to the district court as
provided by law.
Are these provisions in compliance with one another?
O Yes
O No, change to read
Sec. 11-25. Repair, Vacation And Demolition: pages 666, 667
(c) Whenever such notice is posted, the building official shall include a notification thereof in the
notice and order issued by the building official reciting the emergency and specifying the
conditions which necessitate the posting. No person shall remain in or enter any building which
has been so posted, except that entry may be made to repair, demolish or remove such building
under permit. No person shall remove or deface any such notice after it is posted until the
required repairs, demolition or removal have been completed and a certificate of occupancy
issued pursuant to the provisions of the building code. (Code 1976, § 10-21)
Review this subsection with subsection 26-4(b)(2). Should these provisions be the same? Also
see section 11-28(c)(1) alter the notice.
O Leave as is
O Change section 26-4(b)(2) to read the same as this subsection (c)
O Change this subsection (c) to read the same as section 26-4(b)(2)
O Other
Sec. 11-26. Appeal: page 667
(b) The appeal shall be filed within ten (10) days from the date of service of such order or action
of the building official.
Review this subsection (b) with the provisions of section 11-24(b)(5) and our remarks with that
subsection.
O Leave as is
O Change to read
Sec. 11-28. Enforcement Of The Order Of The Building Official Or The Building Code And Appeals
Board: pages 668, 669
(c) Whenever the required repair or demolition is not commenced within thirty (30) days after
any final notice and order issued under this article becomes effective:
Review this subsection (b) with the provisions of section 11-24(b)(3)a and c. Should these
provisions read the same?
O Leave as is
O Change to read
(1) No person shall occupy any building which has been posted as specified in this subsection. No
person shall remove or deface any such notice so posted until the repairs, demolition or removal
ordered by the building official have been completed and a certificate of occupancy issued
pursuant to the provisions of the building code.
Review this subsection with subsection 11-25(c) and 26-4(b)(2). Should these provisions be the
same?
O Leave as is
O Change this subsection to read the same as section 26-4(b)(2)
'
'7`
O Other
(e) No person shall obstruct, impede or interfere with any officer, employee, contractor or
authorized representative of this jurisdiction or with any person who owns or holds any estate or
interest in any building which has been ordered repaired, vacated or demolished under the
provisions of this article, whenever such officer, employee, contractor or authorized
representative of this jurisdiction, person having an interest or estate in such
building or structure, pursuant to the provisions of this article, or in performing any
necessary act preliminary to or incidental to such work or authorized or directed
pursuant to this article (Code 1976, § 10-24)
This subsection (e) needs to be reworded, as it is undear in the last part what the intent is. A
suggestion would be to state:
...provisions of this article, whenever such person is performing any required act
preliminary to or incidental to the work authorized or directed to be done pursuant to
the provisions of this article.
CI Leave as is
O Change as suggested
O Change as follows
Sec. 11-29. Performance Of Work Of Repair Or Demolition: page 669
(a) When any work of repair or demolition is to be done pursuant to Section 11-28, the work
shall be accomplished by city personnel or by private contract under the direction of the building
official. Plans and specifications therefor may be prepared by the building official or the building
official may employ such architectural and engineering assistance on a contract basis as deemed
reasonably necessary. If any part of the work is to be accomplished by private contract, standard
public works contractual procedures shall be followed.
(b) The cost of Such work shall be made a special assessment against the property involved.
(Code 1976, § 10-25)
Does the repair and/or demolition work require a permit which should be stated in this section?
0 Leave as is
O Change as follows
ARTICLE III. SWIMMING POOLS
Sec. 11-42. Permit -Required: page 669
All swimming pools, whether public or private, shall require a building permit. (Code 1976, § 10-
34)
See the provisions of section 106/2. #11 of the building code amendments which states:
Sec. 106.2. Exempted Work A building permit shall not be required for the following:
11. Prefabricated swimming pools accessory to a Group R, Division 3 occupancy in
which the pool walls are entirely above the adjacent grade and if the capacity does
not exceedfive thousand (5,000) gallons.
Are these provisions conflicting?
O Leave as is
O Change as follows
A/so, if required, does the building permit include any electrical and/or plumbing permits that are
required? Section 18-2 does refer to an electrical permit.
O Leave as is
O Change as follows
Sec. 11-43. Same -Fees: page 669
Permit fees for swimming pools shall be based on the valuation of the work to be done, pursuant
to the following table:
Valuation Fee
$ 0-500 $ 5.00
501-600 5.50
601-700 6.00
701-800 6.50
801-900 7.00
901-1,000 7.50
1,001-1,100 8.00
1,101-1,200 8.50
1,201-1,300 9.00
1,301-1,400 9.50
1,401-1,500 10.00
1,501-1,600 10.40
1,601-1,700 10.80
1,701-1,800 11.20
1,801-1,900 11.60
1,901-2,000 12.00
2,001-3,000 16.00
3,001-4,000 20.00
4,001-5,000 24.00
5,001-6,000 28.00
6,001-7,000 32.00
7,001-8,000 36.00
8,001-9,000 40.00
9,001-10,000 44.00
10,001-11,000 48.00
11,001-12,000 52.00
12,001-13,000 56.00
13,001-14,000 60.00
14,001-15,000 64.00
15,001-16,000 68.00
16,001-17,000 72.00
17,001-18,000 76.00
18,001-19,000 80.00
19,001-20,000 84.00
(Code 1976, § 10-35)
Suggest that these fees are out of date Is same covered by the building permit fees in section
11-2, Table 1-A on page 658? Would note that some of the pools being built today would exceed
the $20,000 valuation.
CI Leave as is
D Eliminate section
O Change the introductory sentence to read "Permit fees for swimming pools shall be based on
the valuation of the work to be done, pursuant to the building permit fees in Table 1-A of
section 11-2 of the municipal code." and eliminate the list of fees
CI Change as follows
Sec. 11-44. Construction: page 670
Plans and specifications concerning a swimming pool shall be submitted to the building
department and Such pool shall be designed and constructed in accordance with generally
accepted standards and practices, as outlined in the latest edition of "Recommended Practice for
Design, Equipment and Operation of Swimming Pools and Other Public Bathing Places," of the
American Public Health Association. (Code 1976, § 10-36)
Suggest that this section could be replaced by section 23-36 adopting state code provisions.
DI Agree, move section 23-36 to replace the above section 11-44
O Change to read
O Leave as is
Sec. 11-45. Fencing Requirements: page 670
(a) Every person in possession of land upon which is situated a swimming pool shall, at all times,
maintain on the lot or premises upon which such pool is located and completely surrounding such
pool, lot or premises, a fence or other structure not less than five (5) feet in height with no
openings therein, other than doors or gates, larger than six (6) inches in any dimension;
provided, however, that if a picket or similar fence is erected or maintained the horizontal
dimension of the openings, other than the gates or doors, shall not exceed four (4) inches.
(b) All gates or doors opening through such enclosure shall be equipped with self-closing and
self -latching devices designed to keep, and capable of keeping, such gate or door securely closed
and latched at all times when not in actual use. Such self -latching device shall be located not less
than four (4) feet above the underlying ground surface or otherwise made inaccessible from the
outside to small children. Any dwelling or other building on the premises may be incorporated in
and considered as constituting a portion of the required barrier. Doors or other openings from
any occupied dwelling (as distinguished from a garage) into the required enclosure need not be
equipped with self-closing or self -latching devices.
(c) All fencing must be in place with gates when the pool is filled with water. (Code 1976, § 10-
37)
h
Are these requirements current?
13 Yes
O No, change to read
Sec. 11-46. Location: page 670
The location of swimming pools shall be governed by the zoning ordinance of the city. (Code
1976, § 10-38)
Location requirements are found in sections 30.1,1, 3-1.2,3-1.3, 3-1.4, 3-1.5, 3-2.1, 3-2.3 and 4-
1.5 of the zoning ordinance. Although these references may change from time to time, do you
want to add those references to this section?
O No
O Yes
O Other
ARTICLE IV. BUILDING CONSTRUCTION, DEMOLITION AND MOVING
Sec. 11-58. Permit Issuance -Generally: page 671
(b) Validity: The issuance or granting of a permit shall not be construed to be a permit for, or an
approval of, any violation of any of the provisions of this article or of the Dubuque building code.
No permit presuming to give authority to violate or cancel the provisions of this article or code
shall be valid, except insofar as the work or use which it authorized is lawful.
In lieu of limiting violations of this article or the building code, you could state "any of the
prow:5ions of this code" meaning this municipal code?
CI Change as suggested
o Leave as is
CI Other
(c) Expiration: page 672
Every moving permit shall be valid only on the moving date or dates written on the permit. In
those instances wherein the moving contractor was unable to move the building on the specified
moving date, the building official is authorized to change said moving date, provided that the
moving contractor shall obtain the approval of other city officials in the same manner as required
for the original moving permit and further provided that a fee of ten dollars ($10.00) for
changing the moving date has been paid to the building department.
Is this fee current?
O Yes
O No, change to read
(e) Moratorium: No building permits within a proposed POS public open space district, as shown
on the Freeway 61/151 corridor plan's proposed land use maps, as on file in the office of the city
clerk, shall be issued by the building official from the date of publication of this section until six
(6) months from such date. The moratorium provided for herein shall not be construed to deprive
any person, firm or corporation of a vested right that such person, firm or corporation may have
acquired as a matter of law for the issuance of a building permit as of the effective date of the
adoption of this section. Any person, firm or corporation aggrieved by or adversely affected by
the building official's refusal to issue a building permit pursuant to this moratorium shall appeal
therefrom to the city council. (1976 Code, § 10-42; Ord. 64-90, § 2, 8-20-1990; Ord. 76-90, § 2,
9-17-1990; Ord. 9-91, § 1, 2-4-1991; Ord. 22-92, §§ 1, 2, 3-16-1992)
Can this subsection now be removed from your code?
13 No, leave it in
O Yes, eliminate subsection
Sec. 11-58.3. Moratorium -For Work In The Southwest Arterial Corridor: page 672.1
The building official shall not issue any permit for any new construction, demolition, or
substantial enlargement, alteration, repair or remodeling of any structure, building or sign in the
southwest arterial corridor during the twelve (12) month period from the effective date of this
section, except where a vested right to the issuance of such permit accrued to any person, firm
or corporation as a matter of law prior to the effective date of this section. (Ord. 101-00, § 1, 11-
20-2000)
Can this subsection now be removed from your code?
O No, leave it in
O Yes, eliminate subsection
Sec. 11-59. Fees: page 673
TABLE 33A.01 -A
PERMIT FEES
Item
Part (A) -Moving Permit Fees:
Building inspection fee (for application, prior to moving
building), per hour, with a minimum charge of 1/2 hour $15.00
Moving permit fee (each garage, barn or shed; each day and
fraction thereof public property is occupied)
Moving permit fee (other buildings; each day and fraction thereof
public property is occupied)
Part (B) -Building Demolition Permit Fees:
Inspection fee (for application, prior to demolishing building),
per hour, with a minimum charge of 1/2 hour
15.00
30.00
15.00
One- or Two -Family Dwellings
Each one- or two-family dwelling 25.00
Buildings Other Than One- or Two -Family Dwellings:
Each story with less than 1,000 square feet of floor area
Each story with 1,000 square feet of floor area
Each story with more than 3,000 square feet of floor area
25.00
30.00
35.00
Note: A basement or cellar in a building other than a one- or two-family dwelling shall be
counted as a story.
Exception: The Building Official may waive the demolition fee to a home owner for an
unsalvageable, worn-out building located on the premises on which he resides, provided that the
floor area of the building is less than 720 square feet.
Part (C)—Fees For Permit For Use Of Street Or Public Property:
Fee for permit to barricade a public sidewalk or other public property normally used by the
public, when such space is needed and used for the erection, repair, storage or demolition of
a building, and for which no other rental or meter fee is assessed:
For each square foot of barricaded area for each day
and fraction thereof $0.05
Minimum fee for each permit for use of street or public property 5.00
Part (D)—Fees For Escort Service:
Per person and car, per 10 hour day or prorated fraction thereof 80.00
(1976 Code, § 10-43)
Are these fees current?
O Yes
O No, change to read
Sec. 11-60. Special Provisions: pages 674
(b) Moving Buildings: A building being moved shall follow the route prescribed on the permit by
the City Engineer. The mover shall coordinate the route with the utility companies.
Is the reference to the city engineer correct?
O Yes
O No, change to read
Sec. 11-61. Insurance For Moving Of Buildings, Demolition Of Buildings And/Or Use Of Streets Or
Public Property: page 675
(c) Public Liability And Property Damage Insurance: The contractor shall take out and maintain
during the life of this project such comprehensive public liability and property damage insurance
as shall protect the contractor, the City and any subcontractor during the performance of work
covered by this Article from claims or damages, personal injury, including accidental death, as
well as for claims for property damages, which may arise from operations under this project,
whether such operations be by the contractor or by any subcontractor, or by anyone directly or
indirectly employed by either the contractor or by any subcontractor, or by anyone directly or
indirectly employed by either of them, or in such a manner as to impose liability of the City, and
the amounts of such insurance shall be as required by law. Such insurance shall name the City as
insured along with the contractor, and shall hold harmless the City against all suits and claims
arising from or as the result of the operations of the contractor or the contractor's
subcontractors. The amount of coverage shall be as follows: comprehensive public liability
insurance, in an amount of not less than five hundred thousand dollars ($500,000.00). For
injuries, including accidental death, to any one person, and subject to the same limit for each
person, in an amount not less than one million dollars ($1,000,000.00) on account of one
accident and property damage insurance in an amount not less than three hundred thousand
dollars ($300,000.00),
(e) Automobile Insurance: The contractor shall take out and maintain during the life of this
project, automobile public liability insurance in amounts not less than two hundred fifty
thousand dollars ($250,000.00)/five hundred thousand dollars ($500,000.00), and
property damage liability insurance in amounts not less than one hundred thousand dollars
($100,000.00), if any motor vehicles are engaged in operations within the terms of this project
on the site of the work to perform thereunder. Such insurance shall cover the use of all such
terms and motor vehicles, engaged in operating within the terms of this project on the site the
work to be performed thereunder, unless such coverage is included in the insurance specified in
public liability and property damage insurance.
Does the phrase "Such insurance shall cover the use of all such terms..." make sense?
O Yes
O No, change to read
(f) Subcontractor's Insurance: The contractor shall require subcontractors, if any, not protected
under the contractor's insurance policies to take out and maintain insurance of the same nature
and in the same amounts as required of the contractor for comprehensive liability and property
damage.
Subcontractors shall also be required to take out and maintain automobile insurance in like
amounts to that required of the contractor on all automobiles operated by each subcontractor on
the site of the work. Exception: The Building Official may modify the insurance requirements for
demolition of buildings to the owner of a one- or two-family dwelling who shall do all the work
involved in said demolition; provided a public liability insurance policy in a gross amount of two
hundred fifty thousand dollars ($250,000.00) for any occurrence is provided in such form
as is acceptable to the Building Official. (1976 Code, § 10-45)
Are the above insurance amounts contained in subsections (c) through () adequate?
O Yes
O No, change to read
CHAPTER 14
CIVIL DEFENSE
Sec. 14-23. Comprehensive County -Wide Disaster Plan: page 831
The coordinator of disaster services and emergency planning for the City of Dubuque shall
prepare a comprehensive citywide disaster plan consistent with the standards, goals and
objectives of the county -wide disaster plan, all done in accordance with state "Standards for
Local Disaster Planning' (Code 1976, § 11-23)
Are the provisions of this section current?
D Yes
O No, change to read
CHAPTER 15
COMMUNIVf DEVELOPMENT
ARTICLE II. LOW -RENT HOUSING
Division 1. Generally
Sec. 15-12. Housing Program Supervisor: page 939
The supervisor of the housing program shall be appointed by and serve at the pleasure of the
City Manager. The Housing Commission shall serve as a personnel advisory committee to the City
Manager in the selection of such a supervisor. (1976 Code, § 11 1/2-62)
Are the provisions of this section current?
CI Yes
0 No, change to read
ARTICLE III. INDUSTRIAL PROJECTS
Sec. 15-36. Industrial Revenue Bonds -Investigation Fee: page 940.1
Whenever, and as often as, any corporation shall request the City to finance any project by
issuance of its industrial revenue bonds, such request shall be accompanied by a nonrefundable
deposit in the amount of three thousand five hundred dollars ($3,500.00) to cover
preliminary expenses of the City in its investigation of the desirability and feasibility of such
financing. Such payment will be disbursed by the City to cover such expenses regardless if any
such financing is completed, but may be repaid as a project cost from bond proceeds if and when
such bonds are issued. (1976 Code, § 11 1/2-126)
Is this fee current?
13 Yes
0 No, change to read
Sec. 15-37. Industrial Revenue Bonds -Financing Fee: page 940.1
(b) Fees so determined shall be not less than five thousand dollars ($5,000.00) nor greater
than the amount equal to ten dollars ($10.00) per one thousand dollars ($1,000.00)
of bonds for the first one million dollars ($1,000,000.00) of bonds issued, five dollars
($5.00) per one thousand dollars ($1,000.00) of bonds for the next four million
dollars ($4,000,000.00) of bonds issued, and two dollars ($2.00) per one thousand
dollars ($1,000.00) of bonds for any amounts issued in excess of five million dollars
($5,000,000.00). The maximum allowable fee should be calculated on the principal amount of
bonds issued at each time of issuance of such bonds by the City. The fee determined by the City
Council shall be deemed to cover all of the services rendered by any and all officers and
employees of the City, and shall be considered to be a project cost payable out of bond
proceeds.
Are the above amounts current?
O Yes
O No, change to read
ARTICLE IV. COMMUNITY DEVELOPMENT ADVISORY COMMISSION
Sec. 15-49. Duties And Responsibilities; General: page 942
(8) To serve in an advisory role to the City Manager in the review of complaints and grievances
receive4d in accordance with the procedures established herein in Section 15-52.
The above reference needs to be changed to 15-5a
O Change accordingly
CHAPTER 18
ELECTRICITY
Sec. 18-1. National Electrical Code -Adopted: page 1155
Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by
reference as the electrical code of the City that certain electrical code known as the National
Electrical Code, 1999 Edition, as prepared and edited by the National Fire Protection Association,
1 Batterymarch Park, P.O. Box 9101, Quincy, Massachusetts 02269-9101. And the provisions of
such electrical code shall be controlling in the supply of electricity and in the installation,
maintenance and use of all electrical conductors and equipment and installation of optical fiber
cable within the corporate limb of the City and shall be known as the "Dubuque Electrical Code".
A copy of the National Electrical Code, 1999 Edition, as adopted, shall be on file in the office of
the City Clerk for public inspection. (Ord. 39-90, § 1, 5-7-1990; Ord. 21-93, §§ 1, 2, 4-19-1993;
Ord. 52-99, § 1, 6-21-1999)
Is this the latest edition the city wishes to adopt?
CI Yes
O No, change to read
Sec. 18-2. National Electrical Code -Amendments: page 1155
80-3. Definitions. General. For the purpose of these provisions, certain terms, phrases, words and
their derivatives shall be construed as specified in this section. Where terms are not defined, they
shall have their ordinarily accepted meanings within the context with which they are used.
Webster's Third New International Dictionary of the English Language, Unabridged, copyright
1981, shall be considered as providing ordinarily accepted meanings. Words used in the singular
include the plural and the plural the singular. Words used in masculine gender include the
feminine and the feminine the masculine.
Review the above dictionary with the ones referred to in sections 3-38 and 26-2 Does the city
want all of these to read the same, and if so, which one?
O Leave as is
O Change to refer to
81-2. Unsafe Electrical Systems Or Equipment page 1159
All such unsafe electrical systems or equipment are hereby declared to be public nuisances and
shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures
set forth in Chapter 1 of the Code of Ordinances. As an alternative, the building official or
other employee or official of this jurisdiction as designated by the governing body may institute
any other appropriate action to prevent, restrain, correct or abate the violation.
Believe that the above reference should be to chapter 11?
O Yes, change to read chapter 11
O Other
,,�
i
82.3. Permit Issuance: page 1162
(a) Issuance. The application, plans and specifications, and other data, filed by an applicant for
permit shall be reviewed by the building official. Such plans may be reviewed by other
departments of this jurisdiction to verify compliance with any applicable laws under their
jurisdiction. If the building official fines that the work described in an application for a permit and
the plans, specifications and other data filed therewith conform to the requirements of this code
and other pertinent laws and ordinances, and that the fees specified in Section 82-4. have been
paid, a permit shall be issued therefor to the applicant.
The word "their" should be changed to "this"
0 Yes
0 Other
82-4. Fees: page 1163
(a) Permit fees. The fee for each electrical permit shall be as set forth in Table No. 13-A below:
TABLE 13-A. ELECTRICAL PERMIT FEES
Permit issuance:
1. For the issuance of each permit
2. For issuing each supplemental permit
$ 10.00
5.00
Minimum fee schedule:
Minimum permit fee (in addition to permit issuance fee) 7.50
System fee schedule:
New residential buildings, excluding hotels and motels. The following fees shall include all wiring
and electrical equipment in or on each building, or other electrical equipment on the same
premises constructed at the same time:
For new residential buildings (including apartments and condominiums)
not including the area of garages, carports, and other noncommercial
automobile storage areas constructed at the same time, per square foot 0.04
For uninhabitable areas such as unfurnished basements, garages, carports
and other types of residential occupancies and alterations, additions and
modifications to existing residential buildings, use the unit fee schedule.
Private swimming pools:
For new private, residential, in -ground swimming pools for single-family,
multifamily occupancies induding a complete set of necessary branch circuit
wiring, bonding, grounding, underwater lighting, water pumping and other
similar electrical equipment directly related to the operation of a swimming
pool, each 25.00
Temporary power service:
For a temporary service power pole or pedestal including all pole or
pedestal -mounted receptacle outlets and appurtenances, each.
15.00
For a temporary distribution system and temporary lighting and receptacle
outlets for construction sites, decorative light, Christmas tree sales lots, fireworks
stands, etc., each 15.00
Unit fee schedule:
Receptade, switch and lighting outlets. For receptacle, switch, lighting or other outlets at
which current is used or controlled, except services, feeders and meters:
First 20, each 0.50
Additional outlets, each 0.20
Note: For multi -outlet assemblies, each 5 feet or fraction thereof may be considered as one
outlet.
Lighting fixtures:
For lighting fixtures, sockets or other lamp holding devices:
First 20, each
Additional fixtures, each
For pole or platform -mounted lighting fixtures, each
For theatrical -type lighting fixtures or assemblies, each
0.50
0.20
1.00
1.00
Residential appliances:
For fixed residential appliances or receptacle outlets for same,
including wall -mounted electric ovens; counter -mounted cooking
tops; electric ranges, self-contained room, console, or through -wall
air conditioners; space heaters; food waste grinders; dishwashers;
washing machines; water heaters; dothes dryers; or other motor-
perated appliances not exceeding one horse -power (HP) in rating, each 5.00
Note: For other types of air conditioners and other motor -driven appliances having larger
electrical ratings, see "power apparatus."
Power apparatus:
For motors, generators, transformers, rectifiers, synchronous converters, capacitors,
industrial heating, air conditioners and heat pumps, cooking or baking equipment and other
apparatus, as follows:
Rating in horsepower (HP), kilowatts (KW), kilovolt -amperes (KVA), or kilovolt -amperes -
reactive (KVAR):
Up to and including 1, each 5.00
Over 1 and not over 10, each 6.00
Over 10 and not over 20, each 8.00
Over 20 and not over 30, each 10.00
Over 30, each $10.00 + 0.20/hp
Note:
1. For equipment or appliances having more than one motor, transformer, heater, etc., the sum
of the combined ratings may be used.
2. These fees include all switches, circuit breakers, contractors, thermostats, relays and other
directly related control equipment.
Busways:
For trolley and plug -in -type busways, each 100 feet or fraction thereof 030
Note: An additional fee will be required for lighting mixtures, motors and other appliances
that are connected to trolley and plug -in -type busways. No fee is required for portable tools.
I
Signs, outline lighting and marquees:
Neon signs, First transformer or sign over 2 sockets
Each additional transformer or ballast
Gasoline sales equipment:
Each gasoline pump or dispenser
Services and/or subparcels:
0 to 100 AMPS
Over 100 to 400 AMPS
Over 400 to 600 AMPS
Over 600 to 1,000 AMPS 24.00
For services over 600 volts or over 1,000 amperes in rating, each
7.50
4.60
7.50
7.50
12.00
18.00
37.50
Miscellaneous apparatus, conduits and conductors:
For electrical apparatus, conduits and conductors for which a permit is required but for
which no fee is herein set forth 15.00
Note: This fee is not applicable when a fee is paid for one or more services, outlets, fixtures,
appliances, power apparatus, busways, signs or other equipment.
Miscellaneous fees not covered elsewhere.
For each reinspection 35.00
For annual permit at $15.00 per month, yearly 180,00
For construction plan review (minimum charge - 1 hour), per hour 35.00
Inspections for which no fee is specifically indicated
(minimum charge - 1/2 hour), per hour 35.00
Inspections outside of normal business hours, per hour 35.00*
*Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include
supervision, overhead, equipment, hourly wages and fringe benefits of the employees invotved.
Are these fees current?
O Yes
O No, change to read
(d) Investigation Fees Work Without A Permit: page 1165
(2) Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a
permit is then or subsequently issued. The investigation fee shall be equal to the amount of the
permit fee that would be required by this code if a permit were to be issued. The payment of
such investigation fee shall not exempt any person from compliance with all other provisions of
either this code nor from any penalty prescribed by law.
Are these provisions current?
O Yes
O No, change to read
83-7. Fees For Certificates; Insurance: page 1170
Before a certificate of registration is granted to any applicant under this article and before an
expiring registration is renewed, the applicant shall pay to the city a fee as specified in Table No.
13-B and, for Class 1 applicants only, furnish the required evidence of insurance.
TABLE NO. 13-B
Electrical Examination, License and Registration Fees
$100.00
75.00
35.00
15.00
50.00
35.00
25.00
15.00
as set by testing agency
as set by testing agency
as set by testing agency
1. Initial fee for Class 1 registration
2. Initial fee for Class II registration
3. Initial fee for aass III registration
4. Initial fee for aass IV registration
5. Renewal fee for Class I registration
6. Renewal fee for Class II registration
7. Renewal fee for Class III registration
8. Renewal fee for Class IV registration
9. Class I examination fee
10. Class II examination fee
11. Class III examination fee
Are these fees current?
D Yes
O No, change to read
83-8. Insurance Required: page 1170
Prior to the issuance or renewal of a Class I electrical contractor's registration, the applicant shall
furnish to the budding official proof of comprehensive general liability insurance with a minimum
coverage limit of not less than one million dollars ($1,000,000.00); said insurance policy to
be written by an insurer licensed to do business in the State of Iowa. Each Class 1 electrical
contractor shall also maintain on file with the building official a certificate evidencing that the
insurer will give the building official fifteen (15) days' written notice prior to termination or
cancellation of the required comprehensive general liability insurance.
Is this amount current?
O Yes
O No, change to read
CHAPTER 19
FIRE PREVENTION AND PROTECTION
ARTICLE I. IN GENERAL
Sec. 19-1. Uniform Fire Code -Adopted: page 1225
(a) Except as hereinafter added to, deleted, modified or amended, the Uniform Fire Code, 1997
Edition, as promulgated by the International Conference of Building Officials and Western Fire
Chiefs Association is hereby adopted by reference in full from the effective date of this Section.
Is this the latest edition the city wishes to adopt?
o Yes
CI No, change to read
Sec. 19-2. Uniform Fire Code -Amendments: page 1225
(c) Section 103.2.2.2 is hereby amended by repealing such section and replacing such section
with a new section in lieu thereof as follows:
The chief is authorized to designate a member of the fire department to exercise and perform the
duties of the chief of the fire prevention bureau as set forth in this code. The chief of the fire
prevention bureau shall be known as the fire marshal.
See the provisions of section 11-22(5) which defines the fire marshal as "the assistant fire
chief/fire marshal in the fire department, Should the above definition read the same?
CI Leave as is
CI Change to read the same as section 11-22(5)
13 Change section 11-22(5) to read the same as this section
CI Other
Sec. 19-8. Smoking, Carrying Lighted Objects In Specified Places Restricted: pages 1226, 1227
(a) 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 accommodate 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 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) 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) 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 Chiefs 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) 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) 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. (1976 Code, § 14-9)
As this section has not been amended for quite some time, are these provisions current?
O Yes
O No, change to read
ii
r
CHAPTER 20
FLOOD DAMAGE CONTROL
ARTICLE II. FLOOD AREAS page 1283
Review the provisions of this chapter with your zoning provisions in section 3-5.3 of Appendix A.
Are these provisions rep/aced by your zoning provisions?
CI No, leave this chapter as is
O Change this chapter as follows
CI Eliminate this chapter
Sec. 20-16. Designation; Posting:
Whenever the city manager shall determine that any area of the city has been or is in imminent
danger of being inundated by the flood waters of the Mississippi River, the city manager may
designate the same a "flood area" and erect suitable barricades and signs giving notice thereof.
(Code 1976, § 15-16)
Sec. 20-17. Entry -Restricted:
After signs have been erected giving notice of the designation of an area as a flood area, no
person or vehides shall enter such area without first having been authorized to do so by the city
manager. (Code 1976, § 15-17)
Sec. 20-18. Same -Permits:
The city manager is hereby empowered to issue special permits to any persons or vehides whose
presence in areas designated as flood areas pursuant to this article is demanded by the public
interest, which permits shall not be transferable and shall be displayed in a prominent manner
while in such area. (Code 1976, § 15-18)
Sec. 20-19. Vacation Of Dwellings:
Whenever the imminent danger of flood waters shall make any habitation or dwelling dangerous
to health and unsuitable for human habitation, the occupants thereof, upon demand of the city
manager or the city managers properly authorized representative, shall vacate such dwelling and
remove therefrom and shall not return thereto until the city manager shall have determined such
danger no longer exists. (Code 1976, § 15-19)
RI
CHAPTER 23
HEALTH AND SANITATION
ARTICLE I. IN GENERAL
Sec. 23-2. Tattooing: page 1447
(c) Registration: Tattoo establishments and tattoo artists shall register annually with the City
Health Services Division and indicate the physician or osteopath under whose supervision they
are operating. (1976 Code, § 18-2; Ord. 17-96, § 1, 3-18-1996)
Does the city not require a license for such establishments and artists? For state law provisions
see Iowa Code 13537.
O No, leave as is
O Change to read
If you like, we can provide you with sample provisions relating to such businesses for your
review.
O Please send us some sample provisions
ARTICLE III. SWIMMING POOLS
Sec. 23-36. State Code Adopted: page 1448
There is hereby adopted and incorporated by reference Iowa Code chapter 1351 SWIMMING
POOLS AND SPAS (1997), as amended, and Iowa Administrative Code chapter 641-15,
"Swimming Pools and Spas", adopted by the Iowa Department of Public Health revised May 13,
1998, which applies to swimming pools, spas, wading pools, water slides, wave pools and
bathhouses connected to swimming pools, owned or operated by local or State government, or
commercial interests or private entities including, but not limited to, public or private school
corporations, hotels, motels, camps, apartments, condominiums, and health and country clubs,
providing for minimum safety and water quality requirements relating to the construction,
operation, registration and inspection of swimming pools and spas; qualifications for swimming
pool and spa operators and lifeguards; and procedures for health departments to provide for the
inspection and enforcement of such rules. (Ord. 33-90, § 1, 4-16-1990; Ord. 47-99, § 1, 5-17-
1999)
See our remarks with section 11-44, as we suggest moving this section to replace said section
11-44.
O Move to replace section 11-44
O Other
ARTICLE IV. NUISANCES
Sec, 23-41. Definitions: page 1449
Compost Pile: A collection of yard waste and kitchen food wastes, but specifically excluding
bones, meat, fat, grease, oil, raw dog or cat manure, which collection in nonmanufactured
composting units is screened from the street view, is located in a confined area, is no taller than
five feet (5') high and no larger than seventy five (75) square feet in area, is located more than
twenty feet (20') from any habitable structure on adjoining property and at least three feet (3')
from a property boundary line, is located more than five feet (5') from any wood structure,
excluding fences and compost containers, is not located in a natural drainageway and is not
located in the area between any building and the street right of way and is collected for reuse as
a soil amendment and is maintained free of noxious odors.
Hazardous Waste: Those wastes defined in chapter 455B, Code of Iowa, as amended, and the
Iowa Administrative Code, as amended.
Junk Or Salvage Material: Any discarded or salvaged building material or fixture; any obsolete or
inoperable machinery and/or equipment or parts thereof; any wood, metal, plastic or composite
pieces remaining outside of a legal structure for more than forty eight (48) hours.
Noxious Substances: Substances, solid or fluid, which are offensive, detrimental to health, hurtful
or dangerous, including, but not limited to, any dead animal or portion thereof, and human or
animal excrement.
Refuse: Any waste that is putrescible, nonputrescible, combustible or noncombustible, including,
but not limited to, paper, garbage, material resulting from the handling, processing, storage,
preparation, serving and consumption of food, vegetable or animal matter, offal, rubbish, ashes,
incinerator residue, street cleanings, construction debris and solid industrial waste.
Yard Waste: The accumulation of grass, leaves, tree trimmings under three inches (3") in
diameter, brush and garden residue which accumulation is screened from the street view, is
located in a confined area, is no Wier than four feet (4') high and no larger than seventy five
(75) square feet in area, is located more than twenty feet (20') from any habitable structure on
adjoining property, at least three feet (3') from a property boundary tine, is located more than
five feet (5') from any wood structure, excluding fences and compost containers, is not located in
a natural drainageway, is not located in the area between any building and the street right of
way, is collected for reuse as a soil amendment, and is maintained free of noxious odors. (Ord.
28-98, § 1, 5-4-1998)
Review the above definitions with the definibons found in sections 33-32, 40-1 and 41-111 of
your code. Should all of these definitions mirror ane another? You could possibly put the
definitions in one place and then refer to that location in the other sections.
O Leave as is
O Put the definitions we have marked in this section and in sections 33-32, 40-1 and 41-121 in
the following place, and then in make reference to that place in the other sections:
O Other
Sec. 23-42. Public Nuisance Defined; Public Nuisances Enumerated: page 1450
(1) Accumulation Of Solid Waste And Noxious Substances (Health): Any yard waste, refuse, solid
waste, vehicle parts, garbage, noxious substances or hazardous wastes, junk, unused building
materials, salvage material or other offensive substances thrown, left or deposited in or upon any
street, avenue, alley, sidewalk, park, public square, public enclosure, public or private lot,
whether vacant or occupied, or upon any pond or pool of water, except for:
a. Solid waste deposited and stored in accordance with provisions of this Code;
b. A compost pile located or maintained in compliance with this Chapter;
c. Yard waste located or maintained in compliance with this Chapter;
d. Junk or salvage materials properly stored in a junk or salvage yard permitted under this Code;
e. The use of agricultural manure on crop -producing agricultural land or pasture; or
f. The safe accumulation of animal waste by commercial livestock processing facilities.
Review the above with section 40-20 of your code. Are both provisions necessary?
O Leave as is
O Eliminate this subsection (1)
O Eliminate this subsection (1) and insert a reference to section 40-20
O Other
(3) Ditch, Drain Or Stormwater Detention Basins (Engineering): page 1450
Any stormwater detention basin not properly maintained as determined by the City Engineer.
Is the reference to the city engineer correct?
O Yes
O No, change to read
(6) Private Sewer Facilities (Health): page 1461
a. Facilities for the storage or processing of sewage, such as privies, outhouses, port -a -potties,
vaults, sewers, private drains, septic tanks, cesspools, drain fields or similar facilities, which have
failed or do not function properly or which are overflowing, leaking or emanating odors.
b. Septic tanks, cisterns and cesspools which are abandoned or no longer in use unless properly
emptied and filled with clean fill.
c. Any vault, cesspool or septic tank which does not comply with applicable health regulations
Review the above provisions with the plumbing permit fees that are set out in Table 20-A of
section 37-2 of this code, specifically item (4) which states 'spools are notpermitted' Do the
provisions of this section need to be changed accordingly?
O Leave as is
O Change to eliminate the reference to "cesspools"
O Change as follows
CHAPTER 24
HEATING, AIR CONDITIONING AND VENTILATING
Sec. 24-1. Uniform Mechanical Code -Adopted: page 1477
Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by
reference as the mechanical code of the City that certain mechanical code known as the Uniform
Mechanical Code, 1997 Edition, including the 1997 Mechanical Code Appendices as prepared and
edited by the International Conference of Building Officials of Whither, California, and the
provisions of such mechanical code shall be controlling for the installation, maintenance and use
of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat -
producing appliances within the corporate limits of the City and shall be known as the "Dubuque
Mechanical code. A copy of the Uniform Mechanical Code, 1997 Edition, as adopted, shall be on
file in the office of the City Clerk for public inspection. (1976 Code, § 19-1; Ord. 45-90, § 1, 5-21-
1990; Ord. 101-99, § 1, 11-15-1999)
Is this the latest edition that the city wishes to adopt?
O Yes
O No, change to read
Sec. 24-2. Uniform Mechanical Code -Amendments:
Sec. 204. Section 204, "Violations" is hereby amended by repealing such section and replacing
such section with a new section in lieu thereof as follows:
Sec. 204. Violations and Penalties: page 1478
The doing of any act, or the omission of any act, declared to be unlawful by this code or
ordinance, or any code or ordinance herein adopted by reference, is declared to be a
misdemeanor, and each said act shall be deemed a separate offense for each and every day or
portion thereof during which such unlawful act is continued or permitted and, upon conviction,
shall be punishable by a fine in a sum not exceeding one hundred dollars ($100.00) or by
imprisonment not to exceed thirty (30) days or by both such fine and imprisonment. The penalty
herein provided shall be cumulative with and in addition to the revocation, cancellation or
forfeiture of any license or permit elsewhere in this code or ordinance provided for violation
thereof.
Review this penalty with the general penalty in section 1-8 of your code. Do you wish to change
this to mirror that penalty, or to refer to that penalty? See also the civil penalties starting at
section 1-15 of your code.
O No, leave as is
O Yes, change to include the same penalty as found in section 1-8
O Yes, change to refer to the penalty in section 1-8
O Other
Sec. 307, Section 307, "Registration and Examination of Mechanical Contractors" is hereby added
as a new section as follows:
Sec. 307. Registration and Examination of Mechanical Contractors: page 1479
(b) Application and issuance of certificate of registration. Any person desiring a certificate of
registration to enter into the business of installing or servicing as required under the provisions of
this chapter shall make application to and on a form furnished by the city. Such application form
shall be obtained from, and the completed application together with the fee for application for a
certificate of registration shall be submitted to the building official. Every application for
registration shall state the name of the person, firm, partnership or corporation, etc., applying for
registration and the name and address of the place of business or places of business of the
applicant. If the applicant is a firm, copartnership, corporation, association, or any combination
thereof, the application shall contain the names and addresses of all members and officers and
such other information as the application may require, together with a certified copy of the
corporation minutes or other legal evidence that the applicant has been duly invested with the
authority to represent and act on behalf of the firm, copartnership, corporation, association, or
combination thereof and shall duly designate and register with the city a successor to the
applicant. All applications shall be sworn to by the applicant before a notary public. No
application shall be processed by the mechanical code board if there are discrepancies between
the statements on the application and the true facts, or unless the person, firm, partnership,
corporation, association, or combination thereof shall first meet the qualifications provided herein
and the fee for registration is paid.
Are the provisions set out in bold current?
O Yes
O No, eliminate that sentence
O No, change to read
Sec. 308. Certificate of Competency Required to Perform Work:
Exceptions: page 1481
(2) No person need be certified as competent under the provisions of this code to perform any of
the following:
c. The normal operation and use of matter covered as intended except when initially placing in
operation or use after installing or altering.
Does this subsection c make any sense?
O Yes
O No, change to read
Table No. 3-A Mechanical Permit Fees. Table No. 3-A, "Mechanical Permit Fees" is hereby
amended by repealing such table in lieu thereof as follows: pages 1483, 1484, 1485
Permit Issuance
1) For the issuance of each permit
2) For issuing each supplemental permit
Unit Fee Schedule (in addition to item (1) or (2) above)
1) For the installation or relocation of each forced -air or
gravity -type furnace or burner, including ducts and vents
$ 10.00
5.00
l
attached to such appliance, up to and induding 100,000 Btu/h 12.00
2) For the installation or relocation of each forced -air or gravity -type
furnace or burner, including ducts and vents attached to such
appliance over 100,000 Btu/h 15.00
3) For the installation or relocation of each floor furnace, including vent 12.00
4) For the installation or relocation of each suspended heater, recessed
wall heater of floor -mounted unit heater 12.00
5) For the installation, relocation or replacement of each appliance
vent installed and not included in an appliance permit 10.00
6) For the repair of, alteration of, or addition to each heating
appliance, refrigeration unit, cooling unit, absorption unit, or each
heating, cooling, absorption, or evaporative cooling system,
including installation of controls regulated by this code 12.00
7) For the installation or relocation of each boiler or compressor to
and including 3 horsepower, or each absorption system to and
including 100,000 Btu/h 12.00
8) For the installation or relocation of each boiler or compressor
over 3 horsepower to and including 15 horsepower, or each
absorption system over 100,000 Btu/h and including 500,000 Btu/h 22.00
9) For the installation or relocation of each boiler or compressor
over 15 horsepower to and including 30 horsepower, or each
absorption system over 500,000 Btu/h to and including
1,000,000 Btu/h 30.00
10) For the installation or relocation of each boiler or compressor
over 30 horsepower to and including 50 horsepower, or for
each absorption system over 1,000,000 Btu/h to and including
1,750,000 Btu/h 45.00
11) For the installation or relocation of each boiler or refrigeration
compressor over 50 horsepower, or each absorption system
over 1,750,000 Btu/h 75.00
12) For each air -handling unit to and including 10,000 cubic feet
per minute, including ducts attached thereto 9.00
Note: This fee shall not apply to an air -handling unit which is a
portion of a factory assembled appliance, cooling unit, evaporative
cooler or absorption unit for which a permit is required elsewhere
in this code.
13) For each air -handling unit over 10,000 cfm-cubic feet per minute 15.00
14) For each evaporative cooler other than portable type 9.00
15) For each ventilation fan connected to a single duct 6.00
16) For each ventilation system which is not a portion of any heating
or air-conditioning system authorized by a permit 9.00
17) For the installation of each hood which is served by mechanical
exhaust, including the ducts for such hood 9.00
18) For the installation or relocation of each commerdal or
industrial -type incinerator 60.00
19) For each appliance or piece of equipment regulated by this code
but not classed in other appliance categories, or for which no other
fee is listed in this code 9.00
20) When Chapter 22 is applicable (see Section 103), permit fees for
fuel -gas piping shag be as follows:
For each gas -piping system of one to 5 outlets 10.00
For each gas -piping system of more than 5 outlets, per outlet 2.00
Other Inspections and Fees
1) Inspection outside of normal business hours, per hour 30.00
(Minimum charge -two (2) hours)
2) Reinspection fee assessed under provisions of Section 305(f), each 30.00
3) Inspections for which no fee is specifically indicated, per hour 30.00
(Minimum charge -one-half hour)
4) Plan review fees when a plan is required by code, per hour
of review time 20.00
(Minimum of one-half hour charge and charged in half-hour
increments beyond the first hour; plans which must be sent to
Kansas City for review will be charged for ten (10) hours of
review time)
5) Additional plan review required by changes, additions or revisions
to approved plans, per hour 20.00
(Minimum charge -one-half hour)
TABLE NO. 3-B
Mechanical Exam Fees, Registration and Certificate of Competency Fees
1) Initial certificate of registration
2) Initial certificate of competency
3) Renewal certificate of registration
4) Renewal certificate of competency
5) Certificate of competency exam:
a) City sponsored
b) City sponsored testing agency
Are these fees current?
o Yes
o No, change to read
150.00
35.00
50.00
25.00
50.00
as set by agency
r
-
• ;."!
„
CHAPTER 26
HOUSING REGULATIONS
ARTICLE L IN GENERAL
Sec. 26-1. Title; Legislative Findings; Purposes; Scope; Etc: page 1571
(a) Title: This Chapter shall be known as the City of Dubuque Residential Housing Code, or the
Housing Code; may be cited as such, and will be referred to herein as "this code".
To differentiate between the housing code and your municipal code, we suggest that the
reference above to 'this code" be changed to "the housing code"
O Agree
O No, leave as is
O Other
Sec. 26-2. Definitions: page 1571
(a) Generally: For the purpose of this Code, all words, phrases, terms and abbreviations shall be
construed as specified. Where such words, phrases, terms and abbreviations are not specifically
defined, they shall have their ordinary accepted meanings within the context with which they are
used. Webster's New Collegiate Dictionary as published by the G and C Merriam Company of
Springfield, Mass., copyright 1986, shall be considered as providing ordinary accepted meanings.
See our remarks with section 3-38 of this repott
O Change as noted with section 3-38
O Leave as is
O Other
Sec. 26-3. Organization And Enforcement: pages 1572, 1573
(a) Authority, Powers And Duties Of Housing Services Manager:
(2) Right Of Entry: Whenever necessary to make an inspection to enforce any of the provisions of
this code, or whenever the Housing Officer has probable cause to believe that there exists in any
real or personal property used or intended to be used for residential purpose any condition or
code violation which makes it hazardous, the Housing Officer may enter at all reasonable times to
inspect the same or to perform any duty imposed upon the Housing Officer by this Code;
provided, that if such property be occupied, the Housing Officer shall first present proper
credentials and ask entry; and if such property be unoccupied, the Housing Officer shall first
make a reasonable effort to locate the owner or other persons having charge or control of the
property and ask entry. If such entry is refused, the Housing Officer shall have recourse to every
remedy provided by law to secure entry.
Should this subsection read the same as found in section 18-2 (81-1(c))? There is a second
paragraph that you should especially look at.
O Leave as is
�I
O Make this subsection (2) read the same as found in section 18-2 (81-1(c))
O Other
(b) Responsibilities And Obligations Of Owners, Operators And Occupants: pages 1573, 1574
(1) Maintenance Responsibilities Of Owner Or Operator: Every owner or operator shall maintain
fit premises, in accordance with provisions of this Code, including performance of the following
duties:
e. Garbage Disposal: Every owner or operator of a duplex or multiple -unit dwelling shall supply
garbage containers which are adequate in number, approved by the Housing Official and in
compliance with this code.
Containers shall not be stored in a front yard area or on the front porch of a dwelling, unless the
Housing Official determines that it is impractical to provide an alternate storage location.
Review these provisions with those found at section 40-18, specifically subsection (e) which
relates to recycling of materials.
O Leave as is
O Change as follows
Sec. 26-4. Notices And Orders: pages 1578, 1579
(b) Order To Vacate:
(2) Compliance: Whenever such notice is posted, the Housing Officer shall include a notification
thereof in the notice and order reciting the conditions which necessitate the posting. No person
shall remain in or enter any building, dwelling unit or rooming unit or other real or personal
property used or intended to be used for residential purposes which has been so posted except
that entry may be made to repair, demolish or correct the violations. No person shall remove nor
deface any such notice after it is posted until the required repairs, demolition or corrections have
been completed, inspected and approved in writing by the Housing Officer. Any person violating
this subsection shall be guilty of a misdemeanor.
Review this subsection with subsection 11-25(c). Should these provisions be the same? Also see
section 11-28(c)(1) alter the notice.
O Leave as is
O Make changes as noted with section 11-25(c)
O Other
Sec. 26-7. Licenses And Inspections: pages, 1579, 1581
(a) Rental Dwelling Operating License:
(5) Renewal, Penalty For Failure To Renew License:
b. Issuance of rental dwelling operating licenses under this Chapter is required effective January
12, 1981. Any application made for such license after August 1, 1981, on any rental dwelling unit
which was rented on August 1, 1981, shall be assessed a penalty amount of ten percent (10%)
of the cost of the annual license for each year or portion of a year of delinquency after August 1,
1981.
c. Application for renewal of rental dwelling operating licenses in any year shall be due on
January 1. Application may be made and license fees paid until April 1 without penalty.
Applications made after April 1 shall be assessed such penalties as are described in subsection
(a)(5)b of this Section.
Are the provisions of subsections b and c current?
O Leave as is
O Change as follows
Sec. 26-10. Housing Standards: pages 1584, 1586
(d) Space And Security:
(3) Approved Interpretations:
a. Minimum Space:
1. Ceiling Height: Habitable rooms or areas shall have a ceiling height of not less than seven feet
(7'). Other rooms or areas may have a ceiling height of not less than six feet eight inches (6'8"),
measured to the lowest projection from the ceiling.
Stairways otherwise having a ceiling height of not less than six feet eight inches (6'8") may have
at no more than at a single point a ceiling height of not less than six feet four inches (6'4")
measured vertically from stair tread to ceiling, where it is determined that such construction is
original to the dwelling.
(Option "A")
To what reference is Option "A"?
O Comment
(f) Illumination And Electricity: page 1587
(2) Acceptability Criteria: Living and sleeping rooms must include at least one window. A
permanent ceiling or wall light fixture must be present and working in the bathroom and kitchen
area. At least two (2) electrical outlets, one of which may be a permanent overhead or wall -
mounted light fixture, must be present and operable in the living area, kitchen area, and each
bedroom area.
Review this subsection with section 11-2, section 310.4 relating to access and means of egress
facilities and emergency escapes. Does the above comply with sal d provisions? Note these same
provisions found at (h)(2) and (17)(3)b of this section 26-10.
O Leave as is
O Change as follows
1
C
Review the provisions of this subsection relating to electrical outlets, with the previous provisions
at subsection 26-9(c)(3)c. Does the above comply with said provisions?
13 Leave as is
O Change as follows
(g) Structure And Materials: pages 1588, 1588.2
(3) Approved Interpretations:
i. Handrails: Structurally sound handrails shall be provided on any step system containing four (4)
or more risers.
Review this subsection with subsection 11-2, section 1003.3.3.6 on page 660. Does the above
comply with those provisions?
O Leave as is
O Change as follows
(n) Smoke Detectors: page 1588.5
(1) Performance Requirement: All dwelling units must be provided with operating smoke
detectors in accordance with the requirements of the National Fire Protection Association
Standard (NEPA) 74. If the dwelling unit is occupied by a hearing-impaired person, smoke
detectors must have an alarm system designed for hearing-impaired persons as specified in NEPA
74.
(2) Acceptability Criteria: Same as Performance Requirement.
(3) Approved Interpretations:
a. Smoke detectors shall be installed outside of each separate sleeping area, in the immediate
vicinity of the bedrooms, and on each additional story of the dwelling unit, including basements
and attics, except as noted in subsection (n)(3)b of this Section.
b. Installation of smoke detectors shall not be required in crawl spaces. Installation of smoke
detectors in attics shall be required only where occupancy of the attic is allowed according to
provisions of this code.
c. Smoke detectors installed on a story without a sleeping area, and in basements, shall be
located in close proximity to the stairway leading to the floor above. Smoke detectors installed in
proximity to a stairway shall be positioned so as to intercept smoke originating from the lower
level, before the smoke enters the stairway.
d. Smoke detectors shall be located so as to assure that smoke cannot be prevented from
reaching the detector by an intervening obstruction.
e. In split level units, (i.e., units with less than one full story separation between levels),
installation of a single smoke detector for one level and the adjacent lower level shall meet the
requirement of subsection (n)(3)a of this Section except as noted in subsection (n)(3)f of this
Section.
f. Where an intervening door exists between one level and the adjacent lower level, smoke
detectors shall be installed on both levels.
g. Smoke detectors installed on an open-joisted ceiling shall be installed on the bottom of the
joist.
h. Smoke detectors shall be located on or near the ceiling. In rooms with ceiling slopes greater
than one foot (1') rise per eight feet (8), the detector shall be located on the high side of the
room. Smoke detectors shall, when mounted on a wall, be located no less than four inches (4")
nor no more than twelve inches (12") from the ceiling. The detector shall not be located within
four inches (4"), vertical and horizontal measurement, of a ceiling -wall corner.
1. In efficiency units and in rooming units, smoke detectors shall be located inside the unit. (Ord.
26-89, § 2, 5-1-1989; Ord. 37-90, §§ 30-46, 5-7-1990; Ord. 42-91, §§ 11-27, 5-20-1991; Ord.
33-93, §§ 1-5, 6-21-1993; Ord. 71-94, §§ 6-13, 12-19-1994; Ord. 6-96, §§ 1-14, 2-5-1996; Ord.
54-96, §§ 1-3, 11-18-1996; Ord. 2-98, §§ 5-9, 1-19-1998; Ord. 33-98, § 2, 5-4-1998; Ord. 38-99,
§§ 5-3-1999; Ord. 39-99, § 1, 5-3-1999; Ord. 5-00, § 2, 1-17-2000)
Review the particulars contained in this subsection (n) with the provisions referred to in section
11-2, section 310.4 #4 on page 659. Are these provisions in compliance with section 310.9 of the
budding code referred to?
O Leave as is
O Change as follows
ARTICLE II. RESIDENTIAL RELOCATION ASSISTANCE PROGRAM page 1589
As the provisions of this article were passed ten years ago, in 1992, and the only amendment
appears to have been the creation of a Housing Commission Trust FundAdvisory Committee
O Leave as is
O Eliminate article
O Other
Also, throughout this article there is reference to the "housing service division': Should this read
"housing service depattmene? See section 26-3 of this chapter.
O Leave as is
O Change to "department"
O Other
Sec. 26-18. Relocation assistance. page 1590
(a) Rental assistance. If the division determines that comparable housing at comparable cost is
not available, and the tenant has established the conditions required by Section 26-16, the tenant
shall be eligible for rental assistance which shall be based upon household income. The rental
assistance shall be the actual additional monthly rent and actual additional monthly utility costs
that result from the relocation of the tenant as determined by the division. The payment of rental
assistance shall be monthly, but may be a lump -sum payment if the division determines that a
lump -sum payment will be more effective if used by the tenant for the purchase of a residence
for the tenant's relocated household.
The rental assistance payment shall be limited to sixty (60) months or the following maximum
amount, whichever occurs first:
150 percent of federal poverty guidelines = $6,000
175 percent of federal poverty guidelines = $5,000
200 percent of federal poverty guidelines = $4,000
(b) Moving Costs: In addition to rental assistance, a tenant may also be compensated for actual
moving and packing costs incurred, not to exceed three hundred dollars ($300.00). The tenant
may also be reimbursed for the actual cost of reestablishing basic telephone, cable, utility
services and appliance hook-ups, as well as credit checks and necessary deposits, if such costs
are approved by the division. (Ord. 54-92, § 1, 7-20-1992)
Ate the amounts contained in this section current?
O Leave as is
O Change as follows
CHAPTER 27
HUMAN RELATIONS
ARTICLE L IN GENERAL
Sec. 27-1. Definitions: page 1647
Disability: With respect to a person:
(3) Being regarded as having such an impairment, but such term does not include current, illegal
use of or addiction to a controlled substance as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802) or chapter 204 of the Iowa Code.
This statute reference should now be chapter 124.
CI Change to read chapter 124
CI Other
ARTICLE II. HUMAN RIGHTS COMMISSION
Sec. 27-23. Meetings: page 1650
(b) The chairperson, the vice chairperson, or any three (3) members of the Commission may call
a special meeting by giving at least one clear day notice to every member of the Commission.
The call for a special meeting shall include an agenda, and only matters included in that agenda
may be discussed at the meeting.
Is the one clear day" phrase correct?
CI Yes
13 No, change to read 'lone day's"
0 Other
ARTICLE IV. UNFAIR AND DISCRIMINATORY PRACTICES
Division 1. Generally
Sec. 27-52. Sex And Age Discrimination Provisions Not Applicable To Retirement Plans;
Exception: page 1652
The provisions of this chapter relating to discrimination because of sex or age shall not be
construed to apply to any retirement plan or benefit system of any employer unless such plan or
system is a mere subterfuge adopted for the purposes of evading the provisions of this chapter.
(1) However, a retirement plan or benefit system shall not require the involuntary retirement of a
person under the age of seventy (70) because of that person's age. This paragraph does not
prohibit the following:
a. The involuntary retirement of a person who has attained the age of sixty five (65) and has
for the two (2) prior years been employed in a bona fide executive or high policy-making position
11
and who is entitled to an immediate, nonforfeitable annual retirement benefit from a pension,
profit sharing, savings or deferred compensation plan of the employer which equals twenty seven
thousand dollars ($27,000.00). This retirement benefit test may be adjusted according to the
regulations prescribed by the United States secretary of labor pursuant to public law 95-256,
section 3.
Are the references to age above, and to the $27,000 current?
O Yes
CI No, change the age of 70 to read
O No, change the age of 65 to read
O No, change the amount of $27,000 to read
O Other
Division 3. Employment Practices
Sec. 27-72. Exemptions From Division: page 1654
This Division shall not apply to:
(7) Discrimination in bona fide apprenticeship employment programs if the employee is over
forty five (45) years of age. (1976 Code, § 21-57)
Is this age limit current?
O Yes
O No, change to read
Division 4. Disability Discrimination
Sec. 27-81. Employment Prohibited Practices: pages 1655, 1656
(b) Construction: As used in subsection (a) above, the term discriminate includes:
(8) Soliciting or requiring as a condition of employment of any employee or prospective employee
a test for the presence of the antibody to the human immunodeficiency virus or affecting the
terms, conditions, or privileges of employment or terminating the employment of any employee
solely as a result of the employee obtaining a test for the presence of the antibody to the human
immunodeficiency virus. An agreement between an employer, employment agency, labor
organization, or their employees, agents, or members and an employee or prospective employee
concerning employment, pay or benefits to an employee or prospective employee in return for
taking a test for the presence of the antibody to the human immunodeficiency virus, is
prohibited. The prohibitions of this subsection (8) do not apply if the State epidemiologist
determines and the Director of Public Health declares through the utilization of guidelines
established by the Center for Disease Control of the United States Department of Health and
Human Services, that a person with a condition related to Acquired Immune Deficiency Syndrome
poses a significant risk of transmission of the human immunodeficiency virus to other persons in
a specific occupation.
Is the reference to the director of public health correct?
O Yes
O No, change to read
Division 6. Education
Sec. 27-101. Prohibited Practices; Exceptions: pages 1656.6, 1656.7
For the purpose of this Section, educational institution includes any preschool, elementary,
secondary, or merged area school, area education agency, or postsecondary college or university
and their governing boards. This Section does not prohibit an educational institution from
maintaining separate toilet facilities, locker rooms or living facilities for the different sexes so long
as comparable facilities are provided. Nothing in this Section shall be construed as prohibiting any
bona fide religious institution from imposing qualifications based on religion when such
qualifications are related to a bona fide religious purpose or any institution from admitting
students of only one sex. (1976 Code, § 21-71)
Are the provisions of this section current?
O Yes
1:11 No, change to read
ARTICLE VL FAIR HOUSING
Sec. 27-142. Enforcement By The Legal Department: pages 1672, 1673
(b) Legal Action; Enforcement: The Commission may request the Legal Department to take
appropriate legal action of a discriminatory housing practice or to enforce a conciliation
agreement.
(6) Relief which may be granted in civil actions under subsection (a) and (b) in accordance with
section 216.17A of the Iowa Code.
a. In a civil action under subsection (a) or (b), the court:
3, May, to vindicate the public interest, assess a civil penalty against the respondent:
(i) In an amount not exceeding fifty thousand dollars ($50,000.00) for a first violation; and
(ii) In an amount not exceeding one hundred thousand dollars ($100,000.00) for any subsequent
violation.
Are the above amounts current?
O Yes
O No, change to read
r
CHAPTER 29
JUNK DEALERS, SECONDHAND DEALERS AND PAWNBROKERS
ARTICLE II. LICENSES
Sec. 29-22. Businesses Requiring Annual Licenses: page 1815
(b) A nonrefundable fee of fifty dollars ($50.00) shall be collected and all licenses shall expire on
the first day of February of each year.
Are the $50 fee and February 1 license year current?
0 Yes
O No, change the $50 to read
O No, change February 1 to
O Other
CHAPTER 31
LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS
ARTICLE L OCCUPATIONAL LICENSES GENERALLY
Sec. 31-2. Same -Miscellaneous Businesses: page 1923
Licenses are required and fees shall be paid, as indicated, for the following businesses and
vocations:
(1) Hotels:
Each applicant for a license to operate a hotel shall pay the following annual license fees:
Number of Guest Rooms
1-14 $20.00
15-30 30.00
31-75 40.00
76-150 50.00
Over 150 75.00
(Code 1976, § 24-3)
Are these fees current?
13 Yes
E No, change to read
Sec. 31-8. Same -Transferability; Changes In Location: page 1924
Licenses issued under this chapter or other ordinances for engaging in a business or vocation
shall not be transferable and shall cease whenever the licensee ceases to operate thereunder,
Nothing in this section shall prevent a licensee from operating under such licensee's license, at a
place other than that described in the license, providing information regarding such change in
location is furnished the license department. (Code 1976, § 24-9)
Is the reference to license department correct?
o Yes
o No, change to read
Sec. 31-10. Same -Expiration; Penalty For Renewal Of Delinquent Licenses: page 1924
Except as may be provided by law, annual licenses for engaging in a business or vocation shall
extend from April 1 to March 31 in the year following. No such license shall be issued after April 1
in any year unless and until the applicant shall pay, as a penalty in addition to the license fee, a
further sum of five percent (5%) of such annual fee for the first month of delinquency, three
percent (3%) for the second month of delinquency, two percent (2%) for the third month of
delinquency and one percent (1%) for each month of delinquency thereafter, such penalty shall
attach on the first day of each month following April 1. (Code 1976, § 24-11)
Are these penalty rates current?
O Yes
O No, change to read
Sec. 31-13. Excursion Boat Licensees Required To Pay City Admission Fee For Persons
Embarking: page 1924
(a) Beginning April 1, 1991, any excursion boat licensee licensed under Iowa Code Section 99F.7,
that is docked within the corporate limits of the city, shall collect and pay to the City of Dubuque
an admission fee of fifty cents ($0.50) for each person embarking on an excursion gambling boat
with a ticket of admission, except for the following persons, for whom the licensee shall be
exempt from the requirement of the collection of an admission fee:
Is the 50 cent fee current?
O Yes
O No, change to read
ARTICLE II. CENTRAL MARKET
Sec. 31-21. Market Area Delineated: page 1925
The property of the City adjacent to the City Hall, together with such parts of the streets and
sidewalks located within the area bounded by the south side of Eleventh Street, the north side of
Thirteenth Street, the west side of Central Avenue and the east side of Main Street, and such
distances on Iowa Street between Thirteenth and Fourteenth Streets on both sides thereof as
may be necessary for three (3) standard auto parking stalls, shall constitute and be known as the
Central Market. (1976 Code, § 24-25)
Is this description current?
O Yes
O No, change to read
Sec. 31-22. Central Market As A Farmer's Market; Merchandise Permitted To Be Displayed;
Limitations And Prohibitions: page 1925
(a) Permitted merchandise: The Central Market shall be a "farmer's market" as provided for in
rule 481-30.2 of the Iowa Administrative Code and shall be subject to the rules relating thereto.
Annual inspection shall be conducted by the City Health Services Division which is under contract
with the State Department of Inspections and appeals. Subject to such regulation and the
limitations and prohibitions set forth hereinafter, any person, firm or corporation may display,
offer for sale or sell on the streets or sidewalks of the central market, flowers, arts, crafts or food
items which have been raised, produced or crafted by the vendor and which are displayed and
sold at a stall for which a permit has been issued as provided for in Section 31-23 of this Article.
Is the reference to the city health services division correct?
O Yes
O No, change to read
N
i�
Sec. 31-23. Establishment Of Market Stalls; Issuance Of Permits: pages 1926, 1927
(a) The City Manager is authorized to establish spaces for stalls in the Central Market as may be
necessary and to issue permits for the use of such stalls. The fees for such permits shall be as
follows:
For the period beginning the first Saturday in May through the last Saturday in October:
Saturday use only $80.00
Daily use 95.00
Annual permit:
Saturday use only
Daily use
$95.00
110.00
There shall be no proration of permit fees for any other time period.
Are these fees current?
O Yes
O No, change to read
Sec. 31-26. Market Master To Be Designated; Duties Generally: page 1926.1
The City Manager is hereby authorized and directed to designate a market master, who shall
establish and carry out such procedures, policies and rules relating to the Central Market and its
operations as are necessary to provide for acceptable sanitation and to protect the public health,
safety and welfare. (1976 Code, § 24-30)
Is the reference to market master current?
O Yes
O No, change to read
ARTICLE III. FORTUNETELLERS, ETC.
Sec. 31-43. License Fees: page 1926.2
The license fee for the practice of fortunetelling, palmistry, phrenology, clairvoyance, or similar
profession or art is hereby fixed at five dollars ($5.00) per day, twenty five dollars ($25.00) per
week or fifty dollars ($50.00) per month. (1976 Code, § 24-48)
Are these fees current?
O Yes
O No, change to read
ARTICLE IV. GOING -OUT -OF -BUSINESS SALES
Sec. 31-54. Same -Issuance; Fee: page 1927
l
Upon determination that the application for a permit required by Section 31-52 is in order, and
the payment of a permit fee of twenty-five dollars ($25.00) to defray the cost of investigation,
the city manager shall issue a permit for the sale applied for. (Code 1976, § 24-63)
• Is this fee current?
O Yes
O No, change to read
ARTICLE V. RAT CONTROL
Sec. 31-66. Definitions: page 1928
Health officer means the superintendent, commissioner or director of health or any duly
authorized representative.
Is this definition correct?
O Yes
O No, change to read
Rat eradication means the elimination or extermination of rats within building by any or all of the
accepted measures, such as: poisoning, fumigation, trapping, clubbing, etc.
Is the reference to "clubbing" current?
O Yes
O No, change to read
Sec. 31-68. Ratproofing Required Upon Notice; Enforcement: page 1928
(a) Upon receipt of a written notice and/or order from the health officer, the owner of any
business building specified therein shall take immediate measures for rat -proofing the building,
and unless such work and improvements have been completed by the owner in the time specified
in the written notice, in no event to be less than fifteen (15) days, or within the time to which a
written extension may have been granted by the health officer, the owner shalt be deemed guilty
of an offense under the provisions of this article.
Note the 15 day time limit with the 60 days in subsection (c) below. Is this time limit correct?
O Yes
O No, change to read
ARTICLE VI. COMMERCIAL PRACTICES
Division 1. Generally
Sec. 31-81. Affixing Of Consumer Information To Merchandise By Merchants Using Computerized
Checkout Systems: page 1930
L
(a) Definitions. As used in this section:
(1) Director means the market master of the City of Dubuque, Iowa.
Is this definition current? See section 31-26 which establishes such an office.
O Yes
O No, change to read
(b) Consumer information required. Every person, firm, corporation or association who sells,
offers for sale, or exposes for sale at retail any aluminum foil, bread, carbonated soft drinks,
cereals, cooking oils, dog or cat food, facial tissues, fish, fowl, fruits, grains, meats, napkins,
plastic food wrapping, vegetables, waxed paper or other consumer commodity designated by the
director, and who utilizes a computerized system for checkout, shall stamp or affix on each
commodity the total price of such commodity in arabic numerals.
Are the provisions of this subsection current?
O Yes
O No, change to read
(d) Violation; penalties. Any person, firm or corporation who violates the provisions of this section
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punishable by a fine of
not more than one hundred dollars ($100.00) or by imprisonment for a term not exceeding thirty
(30) days. (Code 1976, § 24-91).
Review this penalty with section 1-8 which allows for a penalty of up to $500, and the provisions
of Article II, beginning at section 1-15 regarding civil penalties.
O Leave as is
O Change to refer to the general penalty in section 1-8 of this code
O Change to read as follows
ARTICLE VII. TOWN CLOCK PLAZA
Sec. 31-105. Short -Term Uses: page 1933
The city manager or the city manager's designee may authorize the use of space in Town Clock
Plaza with or without fees for periods not to exceed seven (7) days without a written lease.
Applications for such use shall be submitted in writing to the city manager or the city manager's
designee. The city manager may promulgate and issue reasonable rules for the use of Town
Clock Plaza by any such user. (Code 1976, § 24-119)
Are the provisions of this subsection current?
O Yes
O No, change to read
ARTICLE VIII. NONFRANCHISED COMMUNICATIONS SYSTEMS page 1933
As the provisions of this article have not been updated since 1988, we suggest a thorough review
to be sure they are current and in line with communication systems of today. Especially review
with section 4-9 of your zoning ordinance. We have bolded provisions which we especially think
you should review.
Sec. 31-111. Definitions: page 1933
Unless otherwise expressly stated or the context clearly indicates a different intention, the
following terms shall, for the purpose of this article, have the meanings in this section.
Cable system. This term is as defined by the Cabte Communications Policy Act of 1984,47
USC 522(6).
O Leave as is
O Change to read
Sec. 31-114. Granting Of License: page 1934
All licenses required by this article shall be granted by the city manager. The city manager shall
review each application and shall grant each license which the city manager determines to be in
compliance with the requirements of this article and any other applicable legal requirements. In
granting a license, the city manager may require that the applicant change the proposed location
of the communications system where necessary to avoid interference with other cables, wires,
conduits, pipes, sewers or other facilities placed within the public right-of-way. The duration of
the license shall be for a period of fifteen (15) years from the date of the issuance of the
license. (Ord. No. 27-88, § 4, 5-16-88)
O Leave as is
O Change to read
Sec. 31-118. License Fees: pages 1935, 1936
(a) It shall be a term and condition of any license issued pursuant to this article that, as part of
the consideration supporting the issuance of such license and the city's permission thereby to
occupy and use the public rights-of-way of the city, the licensee shall pay to the city fees
computed as follows:
(1) An administrative fee of two hundred dollars ($200.00) shall be due and payable to the
city manager at the time of filing of the initial license application and at the time of filing of each
proposed amendment to the license.
O Leave as is
O Change to read
(2) If the licensed communications system serves no customers other than the licensee itself,
then, in addition to the above mentioned administrative fee, the licensee shall pay a use fee to
the city manager at the time of filing of the initial license application. The amount of the use fee
shall be the greater of the following two (2) amounts: (i) One hundred dollars ($100.00), or
(ii) one dollar ($1.00) per lineal foot of route traversed by the communications
( systems.
o Leave as is
O Change to read
(3) If the licensed communications system serves customers other than the licensee itself, then,
in addition to the above mentioned administrative fee, the licensee shall pay an annual use fee to
the city manager. The annual use fee shall be based on a license year ending on March thirty-
first of each year, and the use fee for each license year shall be due and payable at the end of
such year on March thirty-first or, if the license has terminated during such year, on the date of
termination. The amount of the annual use fee shall be the greater of the following two (2)
amounts: (i) One hundred dollars ($100.00), or (0) five (5) percent of the gross
revenues derived by the licensee from the sale or exchange of communications services in
connection with the operation of the licensee's communications system within the public rights-
of-way during the license year. Each annual use fee payment shall be accompanied by a report
from the licensee in a form approved by the city manager and the city legal department showing
the basis for the computation of the fee and such other relevant data as may be required by the
city manager and the city legal department. Each such report shall contain a notarized
verification by the chief financial officer of the licensee, and upon request by the city, such
reports shall be verified by a certified public accountant at the expense of the licensee.
o Leave as is
CI Change to read
page 1936
(c) The acceptance of any use fee payment by the city shall not be construed as an
acknowledgement that the amount paid is the correct amount due, nor shall such acceptance of
payment be construed as a release of any claim which the city may have for additional sums due
and payable. All use fee payments shall be subject to audit by the city manager and assessment
or refund if the payment is found to be in error. In the event that such audit results in an
assessment by and an additional payment to the city, such additional payment shall be due and
payable immediately, together with interest at the rate of eight percent (8%) per year
calculated from the due date for the use fee in question.
(d) The licensee shall pay interest at the rate of eight percent (8%) per year on any overdue
use fee calculated from the due date for the use fee.
o Leave as is
O Change to read
ARTICLE IX. NEGATIVE OPTION BILLING FOR SERVICES page 1939
Review this article. Is it current?
o Yes
O No, change to read
Sec. 31-131. Definitions:
For the purpose of this article the following definitions shall apply:
Negative option billing for services is when a seller proposes to send or provide services not
actually ordered or requested by the redpients, orally or in writing, and the recipients receive and
are billed for services as proposed unless by a date or time specified by the seller the recipients
instruct the seller not to send or provide the identified services.
Recipient is any person who receives services from a seller or such services.
Seller means any person engaged in the sale of services in the City of Dubuque, Iowa.
Services shall not include the sending or providing of goods. (Ord. No. 49-91, § 1, 6-17-91)
Sec. 31-132. Negative Option Billing For Services Prohibited:
The use by sellers of "negative option billing for services" is prohibited in the dty.
Notwithstanding the foregoing, however, nothing herein shall prohibit the use of negative option
plans as defined and regulated by Federal Trade Commission rules and concerning use of
negative option plans by sellers in commerce. (Ord. No. 49-91, § 1, 6-17-91)
Sec. 31-133. Violations; Penalties:
If any person engages in the use of negative option billing for services, said person shall be
punished as provided in section 1-8 of this Code. Each billing of an individual recipient pursuant
to any negative option billing shall be considered a separate violation of this article. (Ord. No. 49-
91, § 1, 6-17-91)
CHAPTER 32
MOTOR VEHICLES AND TRAFFIC
ARTICLE L IN GENERAL
Sec. 32-2. Definitions: pages 1996, 1997
Holidays shall be January first, Memorial Day, July Fourth, the first Monday in September, any
day proclaimed by the governor as a day of thanksgiving, December twenty-fifth and the
following Monday whenever any of the foregoing named holidays falls on a Sunday.
Are the holidays listed above the only ones the city wishes to define in this traffic chapter? Note
that this definition is not found in the Iowa Code motor vehicle laws.
D Yes
I3 No, add the following
Residence district means the territory within a city or town contiguous to and including a
highway, not comprising a business, suburban or school district, where forty (40) percent or
more of the frontage on such highway for a distance of three hundred (300) feet or more is
occupied by dwellings or by dwellings and buildings in use for business.
Shouldn't the last word in this definition be "residence" instead of "business'? This reads the
same as Iowa Code 321.1 #63, but it would appear that "residence" would be the correct word.
D Yes, change to "residence"
0 No, leave as is or change to read
Sec. 32-3. Applicability Of Chapter: page 1998
(b) This chapter, except Section 32-159 does not apply to persons and motor vehicles and other
equipment while actually engaged in work upon the surface of a highway officially closed to
traffic but does apply to such persons and vehicles when traveling to or from such work. The
minimum speed restriction of Section 32-160 and the provisions of Sections 32-160 and
32-161 do not apply to road workers operating maintenance equipment owned by or under lease
to any state or local authority while engaged in road maintenance, road blading, snow and ice
control and removal, and granular resurfacing work on a highway, whether or not the highway is
closed to traffic. A chauffeur's license shall not be required for a person to operate to road
construction and maintenance equipment while engaged in road construction and maintenance
work, including the movement of the road construction and maintenance equipment to and from
the work site under its own power.
Shouldn't the section referenced for minimum speed restrictions be section 32-233?
O Yes, change to refer to section 32-233
O No, leave as is or change to read
i
ARTICLE II. ADMINISTRATION AND ENFORCEMENT
Division 1. Generally
Sec. 32-18. Violations: page 1999
It is a misdemeanor for any person to do any act forbidden or to fail
by any of the provisions of this chapter. (Code 1976, § 25-18)
As there are other penalties in this chapter, should this section state
it is a misdemeanor..."
O Yes, change as suggested
O No, leave as is or change as follows
ARTICLE III. ACCIDENTS
Sec. 32-41. Reports Required: page 2001
to perform any act required
"Unless otherwise provided,
(b) The driver of a vehicle involved in an accident resulting in total property damage to an
apparent extent of five hundred dollars ($500.00) or more shall report said accident to the Police
Department within seventy two (72) hours.
Is the $500 figure current? Note that Iowa Code 321.266 puts the amount at $1,000.
• Yes
O No, change to read
ARTICLE IV. NOISE CONTROL
Sec. 32-62. Vehicular Noise: page 2003
(c) The scheduled fine for a violation of this Section shall be twenty five dollars ($25.00). (Ord.
31-98, § 1, 5-4-1998)
Is this fine current?
O Yes
O No, change to refer to the general penalty in section 1-8
O No, change to refer to the penalties provided in
CI Other
ARTICLE V. MOTOR VEHICLES
Division 1. Generally
Sec. 32-77. Size, Weight And Load Restrictions -Spilling Loads On Streets: page 2006.2
A vehicle shall not be driven or moved on any highway by any person unless such vehicle is so
constructed or loaded or the load securely covered as to prevent any of its load from dropping,
sifting, leaking, or otherwise escaping or its load covering from dropping from the vehicle, except
that sand may be dropped for the purpose of securing traction, or water or other substance may
be sprinkled on a roadway in cleaning or maintaining such roadway. The provisions of this
Section shall not apply to vehicles loaded with hay or stover or the products listed in section
321.466, subsections 5 and 6 of the Code of Iowa. (1976 Code, § 25-87)
Is the word "stover" correct?
O Yes
O No, eliminate "stover"
CI No, change to read
Division 2. Equipment
Sec. 32-103. Single -Beam Road Lighting Equipment: pages 2007, 2008
(c) The intensity shall be sufficient to reveal persons and vehicles at a distance of at least two
hundred (200) feet. (Code 1976, § 25-111)
Review the 200 foot distance with the following section 32-104 which states 100 feet. The 200
foot distance is the same as found in Iowa Code 321.41Z
O Leave as is
O Change subsection (c) above to read
1:1 Change section 32-104 to read
O Other
Sec. 32-110. Sirens And Bells Prohibited: page 2010
No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle, or
bell, except as otherwise permitted in this section. It is permissible but not required that any
commercial vehicle be equipped with a theft alarm signal device which is so arranged that it
cannot be used by the driver as an ordinary warning signal. Any authorized emergency vehicle
may be equipped with a siren, whistle, or bell, capable of emitting sound audible under normal
conditions from a distance of not less than five hundred (500) feet and of a type approved by the
department, but such siren shall not be used except when such vehicle is operated in response to
an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in
which said latter events the driver of such vehicle shall sound such siren when necessary to warn
pedestrians and other drivers of the approach thereof. (Code 1976, § 25-119)
Does this section need to be updated to eliminate the reference to only commercial vehicles with
theft- alarm signal devices?
O No, leave as is
O Yes, change to read "
ARTICLE VL OPERATION
Division 1. Generally
Sec. 32-156. Funeral Processions: page 2015
(c) All vehicles operated in a funeral procession shall display a flag or other device containing the
word "funeral." This device shall be placed on top of the left front fender, roof, or on both sides
of the vehicle in such a manner as to be easily seen by other drivers.
Are these provisions current?
CI Yes
O No, change to read
Sec. 32-163. Motor Truck Routes: pages 2017, 2018
(f) The scheduled fine for a violation of this Section shall be fifty dollars ($50.00). (1976 Code, §
25-172; Ord. 32-98, §§ 1,2, 5-4-1998)
Is this fine current?
O Yes
O No, change to refer to the general penalty in section 1-8
O No, change to refer to the penalties provided in
O Other
Sec. 32-174. One -Way Streets: page 2019
You continually amend the street listings in this and the following sections. We recommend that
you have your traffic engineer go over these lists and be sure that they are correct:
32-174 One-way streets pages 2019, 2020, 2020.1
32-185 Heavy vehicles prohibited on certain bridges pages 2023, 2024
32-213 Entering through streets pages 2026, 2027, 2028, 2029
32-214 Stop intersections pages 2029, 2030, 2031, 2032, 2033, 2034
32-215 Yield intersect/ons pages 2034, 2034.1, 2035
32-231 Speed lim/is pages 2036, 2037, 2038
32-262 Parking limits pages 2041 to 2046.4
32-263 Para/Ie/parking page 2046.4
32-264 Bus stops or passengers zones page 2046.5
32-277 Law enforcement vehicle parking page 2046.7
32-285 Alternate side street parking pages 2047, 2048
32-336 Municipal parking meter districts pages 2054, 2055
32-352(e) Snow routes page 2059
Sec. 32-182. Motorcycles And Motorized Bicycles: page 2022
(a) General. The motor vehicle laws apply to the operators of motorcycles and motorized bicycles
to the extent practically applicable.
(b) Riders.
(1) Motorized bicycles. A person operating a motorized bicycle shall not carry any other person
on the vehicle.
(2) Motorcycles. A person shall not operate or ride a motorcycle with another person on the
motorcycle unless the motorcycle is designed to carry more than one person. The additional
passenger may ride upon the permanent and regular seat if designed for two (2) persons, or
upon another seat firmly attached to the motorcycle at the rear of the operator. The motorcycle
shall be equipped with footrests for the passenger unless the passenger is riding in a sidecar or
enclosed cab. The motorcycle operator shall not carry any person nor shall any other person ride
in a position that will interfere with the operation or control of the motorcycle or the view of the
operator.
(c) Sitting position. A person operating a motorcycle or motorized bicycle shall ride only upon the
vehicle's permanent and regular attached seat. Every person riding upon the vehicle shall be
sitting astride the seat, facing forward with one leg on either side of the vehicle.
(d) Use of traffic lanes. Persons shall not operate motorcycles or motorized bicycles more than
two (2) abreast in a single lane. Except for persons operating such vehicles two (2) abreast, a
motor vehicle shall not be operated in a manner depriving a motorcycle or motorized bicycle
operator of the full use of a lane. A motorcycle or motorized bicycle shall not be operated
between lanes of traffic or between adjacent lines or rows of vehicles. The operator of a
motorcycle or motorized bicycle shall not overtake and pass in the same lane occupied by the
vehicle being overtaken unless the vehicle being overtaken is a motorcycle or motorized bicycle.
(e) Headlights on. A person shall not operate a 1977 or later model year motorcycle or any model
year motorized bicycle upon the highways without displaying at least one lighted headlamp of the
type described in Section 32-102 of the Code. However, this subsection is subject to the
exceptions with respect to parked vehicles as provided in this chapter.
(f) Packages. The operator of a motorcycle or motorized bicycle shall not carry any package,
bundle, or other article which prevents the operator from keeping both hands on the handlebars.
(9) Handlebars. A person shall not operate a motorcycle or motorized bicycle with handlebars
more than fifteen (15) inches in height above that portion of the seat occupied by the operator.
(h) Parades. The provisions of this section do not apply to motorcycles or motorized bicycles
when used in a parade authorized by proper permit from local authorities. (Code 1976, § 25-191)
With the exception of (g) relating to handlebars, this section also found in Iowa Code 321.275.
Are helmets not required?
O No
O Yes, add as follows
ARTICLE VIII. STOPPING, STANDING AND PARKING
Division 1. Generally
Sec. 32-263. Parallel Parking Required; Exceptions For Angle Parking: page 2046.4
(c) Moving vans or trucks or other vehicles handling heavy freight, merchandise or materials shall
be permitted to back into the curb and park at an angle, with the traffic, not more than forty five
degrees (45°), to take on or discharge loads, but permission for such angle parking in areas on
through streets, and in the business district where angle parking is not otherwise permitted, shall
be first obtained from the chief of police. In all such cases, the vehicle shall not remain so parked
longer than the actual loading or unloading requires. If horses are attached to such
vehicles, the same will be turned at right angles to the vehicle and in the direction in which the
traffic on the street is moving.
Suggest that the bolded provisions above are obsolete?
O Leave as is
O Eliminate last sentence
O Other
Sec. 32-265. Bus Stops Or Passenger Zones: page 2046.5
Between the hours of six o'clock (6:00) P.M. to six o'clock (6:00) A.M., Monday through Saturday,
all day Sunday, and on those holidays set forth in section 32-335 of this article, it shall be
lawful for the operator of any motor vehicle to stand or park in the following downtown bus stops
or passenger zones:
Suggest that this section needs to be changed to section 32-2 which defines holidays?
O Agree, change to refer to section 32-2
O Change to read
O Eliminate last sentence
Sec. 32-272. Parking Vehicles For Purposes Of Sale Or Storage Prohibited; Special Permits
Authorized: page 2046.6
(b) The chief of police may issue to any person a special permit to park a vehicle on such streets
or portions thereof designated for such from time to time only for the purpose of selling produce
upon the public market and upon such conditions as the chief shall prescribe. Such permit shall
be either in the possession of the operator or on the vehicle at the time the vehicle is so parked.
It shall be unlawful to violate any of the special terms or conditions thereof, (1976 Code, § 25-
267)
Do the provisions above relating to parking upon the public market conflict with those found in
section 31-23.1?
O No, leave as is
O Yes, change as follows
Sec. 32-279. Parking Violations -Fines: page 2046.8
The owner or operator of any vehicle who shall receive notice, either personally or by the
attaching of such notice to said vehicle, that said vehicle is parked in such manner, in such a
place or for such a time as to violate the provisions of this chapter relating to the parking of
vehicles may, within seventy two (72) hours from the time when such notice is served upon such
owner or operator or attached to such vehicle, pay to the city treasurer as a penalty for such
violation the following sum:
(
Is the reference to tile city treasurer correct?
O Yes
O No, change to read
(6) Parking In Reserved City Service Areas Or City -Owned Vehicle Parking Areas As Provided In
Sections 32-274, 32-275, 32-277 Or 32-284 Of This Chapter: If paid within seventy two (72)
hours from the time of violation as indicated in the notice, such fine shall be in the sum of five
dollars ($5.00); if not paid within seventy two (72) hours, then such fine shall be in the sum of
seven dollars ($7.00).
Suggest that section 32-275.1 needs to be added to the above fist?
O Yes
O No, change to read
Payment of the above penalty, or fine, upon being mailed to the City Treasurer shall be deemed
paid as of the time of postmark on the envelope thereof. (1976 Code, § 25-274; Ord. 15-89, §§
1, 2, 3-9-1989; Ord 22-00, § 1, 3-7-2000, eff. 7-1-2000)
Is the reference to the city treasurer correct?
O Yes
O No, change to read
Sec. 32-284. Reserved Fire Prevention Division Parking: page 2047
(a) When appropriate signs have been posted, that area located on the north side of Ninth Street
between Central Avenue and the driveway to Fire Headquarters is set aside for the parking of fire
prevention division vehicles.
Review the above with section 32-261(8). Do these provisions conflict?
O No, leave as is
O Yes, change to read
(d) When any vehicle parked in violation of this section constitutes a hindrance and a hazard to
the prompt removal of snow and ice accumulations, the police department may cause the
immediate removal of the vehicle. When conditions permit, the police department shall make a
reasonable effort to contact the last registered owner of the vehicle before summarily removing
the vehicle.
Review this with section 32-279(4). Do these provisions conflict?
O No, leave as is
O Yes, change to read
Division 2. Municipal Parking Garages
Sec. 32-301. Parking Time Restricted; Reserved Spaces: page 2049
Use of the municipal parking garages shall be limited to the parking and storage of motor
vehicles for a period not to exceed the maximum of twenty four (24) hours in a single parking
period, except that the city manager may reserve certain parking spaces therein to tenants upon
a month-to-month basis upon payment in advance of the monthly rental charge. For a fee of five
dollars ($5.00) per twenty four (24) hour day, paid in advance, and the time period not to exceed
one hundred twenty (120) hours or five (5) days, the city manager may authorize overnight
storage of motor vehicles. Arrangements shall be made in advance for such overnight storage of
motor vehides in the municipal parking garages. (1976 Code, § 25-291; Ord. 34-93, § 2, 6-21-
1993)
Is the $5 fee correct?
O Yes, leave as is
O No, change to read
Sec. 32-314. Meters -Time And Fee Schedule For Specific Lots: page 2052
Notice of such restrictions, as provided for in this section, shall be displayed at each lot. The
owner or operator of any vehicle who shall receive notice either personally or by the attaching of
such notice to said vehicle if said vehicle is parked in violation of this section shall, when such
notice is served upon such owner or operator or attached to said vehicle, pay to the city
treasurer as a penalty for such violation the sum of five dollars ($5.00). (1976 Code, § 25-307;
Ord. 35-90, §§ 3-5, 4-16-1990; Ord. 34-93, §§ 8-15, 6-21-1993; Ord. 11-95, § 2, 3-6-1995; Ord.
22-00, § 2, 3-7-2000, eff. 7-1-2000; Ord. 79-00, § 3, 10-2-2000; Ord. 1-01, § 1, 1-15-2001, eff.
2-1-2001; Ord. 32-01, § 1, 5-21-2001, eff. 6-1-2001)
Is the $5 fee correct?
O Yes, leave as is
O No, change to read
Division 4. Parking Meters
Sec. 32-337. Fee Schedule: pages 2055, 2056
(4) Ten (10) hour parking meters shall show legal parking for twenty five cents ($0.25) per hour,
but not more than a total of ten (10) hours at any one time.
Review this with section 32-335(b) where it is only nine hours. Do these provisions conflict?
O No, leave as is
O Yes, change to read
Sec. 32-341. Defacing, Tampering With Prohibited: page 2057
It shall be unlawful for any unauthorized person to open, or for any person to deface, injure or
tamper with, or wilfully break, destroy or impair the usefulness of any parking meter installed
pursuant to this division, or to hitch any animals thereto. (1976 Code, § 25-330)
Although the last paft of this section is probably obsolete, you may find that you want to keep
this in your code... just in case.
O Leave as is
O Eliminate "or to hitch any animals thereto"
O Change as follows
Sec. 32-343. Official Vehicle Stickers: page 2058
(d) An official vehicle sticker shall be valid at only one, two (2) or four (4) hour meters. No ten
(10) hour meter shall be occupied by an official vehicle unless the operator pays the meter fee
required.
Review this with section 32-335(b) where it is only nine hours. Do these provisions conflict? This
same comment was also made with section 32-337(4).
13 No, leave as is
O Yes, change to read
Division 5. Restrictions During Snow Removal
Sec. 32-352. Snow Route, Restricted Parking: pages 2058, 2058.1, 2059
(e) Designation Of Snow Routes: Snow routes shall be designated by signs. Parking shall be
prohibited from twelve o'clock (12:00) noon to five o'clock (5:00) P.M. on the odd -numbered side
of the following streets on odd -numbered days and on the even -numbered side of the following
streets on even -numbered days:
Parking shall be prohibited from one o'clock (1:00) A.M. to six o'clock (6:00) A.M. on the odd -
numbered side of the following streets on odd -numbered days and on the even -numbered side of
the following streets on even -numbered days:
Review this with section 32-285(e). Do these provisions conflict? Note that we have left out the
streets listed in this subsection (e).
O No, leave as is
O Yes, change to read
Sec. 32-356. Removal Of Obstructing Vehicles: page 2060
(a) Authorized: Any vehicle located or parked within the limits of any street in the City or parked
in or upon any City -owned parking lot which is substantially interfering with the prompt and
orderly plowing or removal of snow or ice from such streets or such parking lot in violation of this
Division is hereby declared to be a nuisance and may be towed or removed by or under the
direction of the Chief of Police to any place designated by the Chief of Police for safekeeping.
Review this with section 32-279(4) and 32-285(d). Do these provisions conflict?
D No, leave as is
D Yes, change to read
Division 6. Parking Space For The Disabled
Sec. 32-369. Disability Signs Required: page 2060.1
(a) Parking spaces designated as special parking places for disabled persons shall be identified
with the disability parking sign on a vertical post bearing the international symbol of accessibility
and shall include a sign stating the fine is one hundred dollars ($100.00) for improper use.
(b) Any person who owns or leases rental property in the City and is required to provide disabled
parking by the Iowa Code shall identify each parking space with a disability parking sign bearing
the international symbol of accessibility and shall include a sign stating the fine is one hundred
dollars ($100.00) for improper use. (Code 1976, § 25-347; Ord. 7-94, § 5, 2-7-1994; Ord. 42-96,
§§ 1, 2, 8-5-1996)
Are the $100 fines correct?
ci Yes, leave as is
O No, change to refer to the general penalty in section 1-8 of this code
O Change to read
Sec. 32-373. Business District: page 2060.2
(b) The said Business District shall be defined as Municipal parking lots and the parking meter
district as described in Sections 32-312 and 32-336 of this Chapter. (Ord, 62-91, § 1, 8-5-1991;
Ord. 34-93, § 41, 6-21-1993; Ord. 7-94, § 9, 2-7-1994)
The reference to section 32-312 should be corrected to section 32-311.
O Agree
Division 7. Residential Parking Permit Program
Sec. 32-383. Residential Parking Permit Program Established: pages 2061, 2062
There is hereby established a residential parking permit program. The procedure for being
designated a residential parking permit district shall be as follows:
(1) Petition: In order to be considered for a residential parking permit district designation, a
group of residents must submit a petition to the city manager containing the signature of an
adult member of at least sixty (60) percent of the dwelling units in the residential area. Petitions
shall only be considered for areas which contain at least four (4) adjacent block faces or fifty (50)
curb parking spaces, The boundaries of and the streets within the proposed permit parking
district shall be clearly identified on each page of the petition. The petition shall also state clearly
that, if the district is approved that participation in the program is mandatory, only those vehicles
with a permit shall be permitted to park in the residential parking permit district between 7:00
a.m. and 5:30 p.m. daily, or such other hours as may be requested by the petition and approved
by the city council, except Sundays and holidays, and an annual fee of ten dollars ($10.00)
will be charged for a parking permit for each vehicle. The necessary petition can be obtained
from the office of the city clerk. A cover letter explaining the reasons for the request and a map
showing the boundaries of the proposed parking permit district shall accompany the petition.
Is the $10 fee correct? The same fee is also found in sections 32-386(a) and 32-387(b). Is it
necessary to repeat the fees?
O Yes, leave as is
O No, eliminate or change to read
Sec. 32-386. Issuance Of Residential Parking Permit: page 2063
(a) A residential parking permit shall be issued upon the applicant's payment of an annual ten
dollar ($10.00) residential parking permit fee and submission of a completed residential parking
permit application. A separate parking permit fee and application is required for each motor
vehicle the applicant parks curbside within the district. Not more than two (2) residential parking
permits shall be issued to each dwelling unit.
Is the $10 fee correct? The same fee is also found above in sections 32-383(1) and 32-387(b). Is
it necessary to repeat the fees?
O Yes, leave as is
O No, eliminate or change to read
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 of five dollars ($5.00) per permit
shall be charged may be issued to a dwelling unit wherein none of the residents own or operate
a motor vehicle.
Is the $5 fee correct?
CI Yes, leave as is
O No, change to read
Sec. 32-387. Renewal Of Residential Parking Permit: page 2063
(b) Upon the permit holder's payment of a ten dollar ($10.00) 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. (1976 Code, § 25-356)
Is the $10 fee correct? The same fee is also found in sections 32-383(1) and 32-386(a). Is it
necessary to repeat the fees?
O Yes, leave as is
O No, eliminate or change to read
Sec. 32-388. Transfer Of Residential Parking Permit: page 2063
(a) Upon the permit holder's payment of a one dollar ($1.00) residential parking permit transfer
fee, 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.
Is the $1 fee correct?
O Yes, leave as is
O No, change to read
Sec. 32-393. Penalty: page 2065
(a) The owner or operator of any vehicle who shall receive notice, either personally or by the
attaching of such notice to said vehicle, that said vehicle is parking in violation of subsection 32-
392(1) of this division shall, within seventy two (72) hours from the time when such notice is
served upon the owner or operator or attached to said vehicle, pay to the city treasurer as a
penalty for such violation, the sum of five dollars ($5.00).
(b) A violation of subsections 32-392(2) and (3) of this division constitutes a simple
misdemeanor, (1976 Code, § 25-362)
Are these penalties current?
O Yes, leave as is
O No, change to refer to the general penalty in section 1-8 of this code
O Change as follows
Sec. 32-394. Residential Parking Permit District A: page 2065
(a) The following described area constitutes a residential parking permit district designated as
residential parking permit district A:
Grace Street, from Ida Street to McCormick Street; McCormick Street, from Grace Street to
Bennett Street; Bennett Street, from McCormick Street to Algona Street; and Algona Street, from
Bennett Street to Grace Street.
Is this description current?
O Yes, leave as is
O No, change to read
Sec. 32-395. Residential Parking Permit District B: page 2065
(a) The following described area constitutes a residential parking permit district designated as
residential parking permit district B:
St. Mary's Street, from West Third Street to Emmett Street; Emmett Street, from St. Mary's
Street to Bluff Street; West Third Street, from St. Mary's Street to Bluff Street, and the east side
of Bluff Street from West First Street to West Third Street.
Is this description current?
O Yes, leave as is
O No, change to read
Sec. 32-396. Residential Parking Permit District C: page 2065
(a) The following described area constitutes a residential parking permit district designated as
residential parking permit district C:
North Grandview Avenue, west side, from Rosedale Street to the north property line of 2165
North Grandview Avenue, east side, from Clarke Drive to the north property line of 2280 North
Grandview Avenue; Clarke Drive from the east property line of 1687 Clarke Drive to St. Ambrose
Street; Sunnyview Drive, from North Grandview Avenue to St. Ambrose Street; Ungs Street,
south side; and Hoyt Street.
Is this description current?
O Yes, leave as is
O No, change to read
Sec. 32-397. Residential Parking Permit District D: page 2066
(a) The following described area constitutes a residential parking permit district designated as
residential parking permit district D:
Lucy Drive, from Pennsylvania Avenue to Welu Drive; Amy Court, from Marjorie Circle to the
northerly end.
Is this description current?
O Yes, leave as is
O No, change to read
ARTICLE IX. IMPOUNDMENT OF. VEHICLES
Division 2. Scofflaw
Sec. 32-411. Removal And Impoundment: page 2066
Any vehicle having against it five (5) or more unpaid violations issued within a twelve (12) month
period, charging that such vehicle is parked, stopped or standing in violation of any law,
ordinance or local authority of the city shall be deemed a public nuisance and the police
department is hereby authorized to remove, or cause to be removed, such vehicle at the sole
cost and expense of the habitual violator. The police department shall have the power and is
li
hereby authorized to remove the vehicle by either private or governmental equipment as it may
deem advisable. (1976 Code, § 25-383)
Are the particulars of this section current?
O Yes, leave as is
O No, change to read
Division 3, Street Storage
Sec. 32-423. Unattended Vehicles: page 2067
(c) Upon evidence that the vehicle has been parked on a public way for more than twenty four
(24) hours without being moved, the police department shall issue a notice of fine under section
32-279 of this chapter. If such vehicle has not been moved within twenty four (24) hours from
the time of notice of fine, or if there is evidence that the vehicle has been parked for more than
forty eight (48) hours before receiving the notice of fine, the police department may cause
removal of the vehicle. When conditions permit, the police department shall make a reasonable
effort to contact the last registered owner of the vehicle before summarily removing the vehicle.
(1976 Code, § 25-388)
Review the fatty eight (48) hours with section 32-279(2) stating seventy two (72) hours. Are
these conflicting provisions?
O No, leave as is
O Yes, change to read
Division 4. Towing And Storage
Sec. 32-431. Notice To Owner: page 2067
(a) Whenever the police department has impounded a vehicle pursuant to this article and such
vehicle has not been reclaimed, a notice shall be provided within twenty (20) days by certified
mail to the last known registered owner of the vehicle and all lienholders of record, addressed to
their last known addresses of record, that the vehicle has been taken into custody. Notice shall
be deemed given when mailed.
Is the twenty day time limit correct?
O Yes, leave as is
O No, change to read
a
L
CHAPTER 33
OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE L IN GENERAL
Sec. 33-1. Disorderly Conduct: page 2119
It shall be unlawful for any person to do any of the following:
(8) Without authority, solicit contributions, distribute literature, or otherwise peddle or sell goods
and services within the traveled portion of any roadway. (1976 Code, § 26-1)
Is the authority referred to above the license provisions found in chapter 35? If so, should this be
mentioned in this section?
CI Leave as is
0 Add at the beginning of this section "Without the authority provided for in chapter 35 of this
code,
0 Other
Sec. 33-11. Discharging Firearms And Fireworks: page 2120.1
(c) The City Council may, upon application in writing, grant a permit for the operation of a firing
range in which the discharge of firearms for training, recreational or competitive events would be
allowed upon showing that the range would be under the direction of a competent organization,
group or individual.
Is this the same as a shooting gallery license provided for in section 6-114 of this code, and
therefore some mention should be made of that section?
O Leave as is
O Change to read
ARTICLE III. HAZARDOUS WASTE, SUBSTANCES AND CONDITIONS
Sec. 33-32. Definitions: page 22125
Hazardous Substance: Any substance or mixture of substances that present a danger to the
public health or safety and includes, but is not limited to, a substance that is toxic, corrosive or
flammable, or that is an irrltant or that generates pressure through decomposition, heat or other
means. Hazardous substance may include any hazardous waste identified or listed by the
administrator of the United States environmental protection agency under the solid waste
disposal act as amended by the resource conservation and recovery act of 1976, or any toxic
pollutant listed under section 307 of the federal water pollution control act, as amended
to January 1, 1977, or any hazardous material designated by the secretary of transportation
under the hazardous materials transportation act.
Is this the latest publication you wish to refer to?
1:1 Leave as is
O Change to read
1
Sec. 33-37. Penalty: page 2126.1
Any person violating any provision, section or paragraph of this article shall be guilty of a
misdemeanor, and upon conviction thereof, be subject to a fine of not more than one hundred
dollars ($100.00) or be imprisoned for not more than thirty (30) days. Each day a violation occurs
shall constitute a separate offense. (Ord. 49-94, § 1, 9-6-1994)
Is this penalty current?
O Leave as is
O Change to refer to the general penalty in section 1-8 of this code
O Change to read as follows
(
CHAPTER 34
PARKS AND RECREATION
ARTICLE III. USE REGULATIONS
Sec. 34-5/ Intoxicating Beverages: page 2183
The prohibition on the consumption or use of beer in Gay Park shall not apply on August 12,
2000, from twelve o'clock (12:00) noon until five o'clock (5:00) P.M. (1976 Code, § 27-49; Ord.
63-94, § 7, 11-7-1994; Ord. 47-95, § 1, 7-17-1995; Ord. 16-99, § 1, 3-1-1999; Ord. 42-00, § 1,
5-1-2000)
Because of the date, should this last paragraph to section 34-52 be removed from the code?
O Yes
O Leave as is
Sec. 34-62. Use Of Firearms, Weapons And Fireworks: page 2185
The carrying, shooting or discharging of firearms, air rifles, bows and arrows, pellet guns or
slingshots, including fireworks of any description by any person within the limits of any park or
parkway is hereby prohibited. (1976 Code, § 27-62)
Review this section with section 19-34(b). Does that section affect the above?
O Leave as is
O Change to read
Sec. 34-68. Meetings And Gatherings: page 2185
Buildings for group gatherings may be reserved during the open park season by contacting the
Park and Recreation Office. Such reservations can be made after January 1 for that year's park
season. Buildings shall be cleaned up after use by the party reserving the same. Litter, cans,
paper, waste and refuse shall be deposited in receptacles provided therefore. (1976 Code, § 27-
68; Ord. 40-93, § 3, 7-6-1993; Ord. 63-94, § 11, 11-7-1994)
Should the park and recreation office now be leisure services office?
O Leave as is
O Change to leisure services office
O Other
Sec. 34-74. Open Season And Hours Generally: pages 2186, 2187
(a) No person shall enter or remain in any park or park and recreation facility other than during
the season and hours designated in this Section.
(b) For the purposes of this Section, the regular park season shall mean from the first Saturday
in May through the fourth Sunday of October.
i
(c) Eagle Point Park and Louis Murphy Park shall be open for use by the public from seven o'dock
(7:00) A.M. to ten o'clock (10:00) P.M. Sunday through Thursday, and from seven o'clock (7:00)
A.M. to eleven o'clock (11:00) P.M. Friday and Saturday during the regular park season.
(d) Marshall Park and the public use area of Franklin D. Roosevelt Park shall be open to the
general public from seven o'clock (7:00) A.M. to sunset daily during the regular park season.
(e) Gerald "Red" McAleece Park and Recreation Complex and Veterans' Memorial Park shall be
open for use by the public from seven o'dock (7:00) A.M. to twelve o'clock (12:00) midnight
daily.
(f) Bunker Hill Golf Course shall be open for use by the public from seven o'clock (7:00) A.M. to
eleven o'clock (11:00) P.M. daily, April through October.
(g) Flora Park Swimming Pool and Nicholas J. Sutton Swimming Pool shall be open for use by the
public from six o'clock (6:00) A.M. to ten o'clock (10:00) P.M. daily, June through August.
(h) The following parks and park and recreation facilities shall be open for use by the public from
seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. daily:
Allison -Henderson Park
Avon Park
Burden Park
Caledonia Park
Cleveland Park
Comiskey Park
Elmwood Green Park
Falk Park
Flat Iron Park
Flora Park
Gay Park
Granger Creek Nature Trail
Grant Park
Heritage Trail
Hillcrest Park
Hilltop Park
Jackson Park
Jefferson Park
Madison Park
Marna Ridge Children's Forest
Medical Associates Greenbelt
Oakwood Park
Pinard Park
Rocco Buda Jr. Park
Southern Park
Sunnyslopes Park
Usha Park
Valentine Park
Valley High Park
Waller -Cooper Park
Washington Park
1
'l
u
(i) Miller -Riverview Park shall be open for use by the public from seven o'clock (7:00) A.M. until
ten o'clock (10:00) P.M. daily, and only registered campers shall be permitted in the area at all
other hours.
As this section was last amended in 1999, we assume that the hours are correct? Please review
the times, hours and parks designated.
O Leave as is
O Change to read
ARTICLE IV. SPECIFIC PARKS
Most of the provisions of this article deal with the legal description of the parks. Is it necessary to
set these descriptions out in your code?
▪ Yes
O Eliminate article
CI Change as follows
Sec. 34-88. Chaplain Schmitt Memorial Island: page 2188
The following described parcel of real estate commonly referred to as "Area C", "Hamm Island",
and "City Island" shall be hereinafter known, called and named as "Chaplain Schmitt Memorial
Island":
Those portions of Mineral Lots 294, 295, Lots 1 and 2 of 296, 297, 298, 299 and 300 and
Government Lot 1, located in Sections 17, 18, 19 and 20, Town 89 North, Range 3 East in the
City of Dubuque, Dubuque County, Iowa, and bounded by Lake Peosta Channel and the
Mississippi River.
That portion of Chaplain Schmitt Memorial Island located south of U.S. Highway 61-151 bridge
developed as a park -recreation complex shall be known as the Gerald "Red" McAleece Park and
Recreation Complex.
That portion of the Gerald "Red" McAleece Park and Recreation Complex developed for baseball
purposes shall be known as the Johnny Petrakis Baseball Field. (1976 Code, § 27-90)
Is this name or any part thereof changed as a result of the provisions of section 34-112 re the
Miller -Riverview Park?
O Leave as is
O Change to read
t
a
a
r
(
CHAPTER 35
PEDDLERS AND TRANSIENT MERCHANTS
ARTICLE IL LICENSE
Sec. 35-18. Application; Investigation Fee: page 2246
(a) Application for peddler's/transient merchant's license under this article shall be filed in
duplicate with the city clerk on a form to be furnished by the city clerk which shall be signed by
the applicant and give the following information:
(6) The value of the goods, wares, products or merchandise to be sold or offered for sale, or the
average inventory to be carried by such transient merchant engaging in or conducting an
intermittent or temporary business, as the case may be.
Should "peddler" be included along with the reference to "transient merchant?
CI Leave as is
O Change as suggested
O Other
Sec. 35-19. Bond Required: page 2246
At the time of filing said application and as a part thereof, the applicant shall file with the city
clerk a bond, with sureties to be approved by the city clerk, in a penal sum two (2) times the
value of the goods, wares, products or merchandise to be sold or offered for sale or the average
inventory to be carried by such transient merchant engaged in or conducting an intermittent or
temporary business as shown by the application, running to the City of Dubuque, for the use and
benefit of any purchaser of merchandise from such transient merchant who might have a cause
of action of any nature arising from or out of such sale against the applicant or the owner of such
merchandise other than the applicant; the bond to be further conditioned on the payment by the
applicant of all taxes that may be payable by, or due from the applicant to the State of Iowa or
the City of Dubuque; the bond to be further conditioned for the payment of any fines that may
be assessed by any court against the applicant for violation of the provisions of this chapter; and
further conditioned for the payment and satisfaction of any and all causes of action against the
applicant commenced within one year from the date of sale and arising from such sale; provided,
however, that the aggregate liability of the surety for all such taxes, fines and causes of action
shall in no event exceed the principal sum of such bond. (Code 1976, § 28-19)
Is the bond requirement current?
O Leave as is
O Change to read
Should "peddler" be included along with the reference to "transient merchant?
O Leave as is
O Change as suggested
O Other
Sec. 35-21. Fees: page 2247
A nonrefundable license fee for peddlers/transient merchants is hereby fixed at twenty-five
dollars ($25.00) per day; fifty dollars ($50.00) per week; one hundred dollars ($100.00) per
month; or five hundred dollars ($500.00) per year. (Code 1976, § 28-21)
Are these fees current?
O Leave as is
O Change to read
Sec. 35-22. Misrepresentation: page 2247
It shall be unlawful for any peddler/transient merchant making sales or engaging in or
conducting a business under a transient merchants license to make any false or misleading
statement or representation regarding any article sold or offered for sale by such transient
merchant as to condition, quality, original cost, or cost to such peddler or transient merchant of
any article sold or offered for sale, or to sell or offer for sale goods, wares, products or
merchandise of a value in excess of the value thereof as shown by said application, or to sell or
offer for sale at retail any goods, wares, products or merchandise or to engage in or conduct an
intermittent or temporary business on any day or at any place other than those shown by such
license. Any peddler/transient merchant who violates this article shall be ineligible to be granted
a license for a period of two (2) years from the date such violation was made. (Code 1976, § 28-
22)
Should "peddler" be included along with the reference to "transient merchant'?
O Leave as is
1:1 Change as suggested
O Other
Is the two year time limit at the end of this section current?
O Leave as is
O Change to read
Sec. 35-23. Revocation: pages 2247, 2248
The city manager shall give notice of the revocation of any license issued under
this chapter to the surety or sureties furnishing the bond provided for herein.
In the event of such revocation, no other peddler's/transient merchants license
such applicant for a period of two (2) years thereafter. (Code 1976, § 28-23)
Is the two year time limit at the end of this section current?
O Leave as is
O Change to read
the provisions of
shall be issued to
Sec. 35-25. Report To City Clerk Upon Loss Required: page 2248
In the event any license issued under this article shall become lost or mislaid, the licensee shall
report such fact to the city clerk immediately. A duplicate license shall be issued upon payment of
ten dollars ($10.00). (Code 1976, § 28-25)
Ls this fee current?
O Leave as is
O Change to read
Sec. 35-27. Town Clock Plaza: page 2248
(b) The Town Clock Plaza area is defined as designated by Ordinance No. 37-71; the Main Street
right-of-way extending from Town Clock Plaza to the north right-of-way line of Fifth Street and
the Sixth Street right-of-way extending from the east right-of-way line of Locust Street to the
west right-of-way line of Iowa Street. (Code 1976, § 28-27)
Are the provisions of this subsection needed, as same is set out in section 31-101?
O Leave as is
CI Eliminate subsection (b)
O Other
CHAPTER 36
PLANNING; ZONING
Should the provisions of this chapter be moved to chapter 15 on community development?
O No, these provisions should remain as chapter 36
O Yes, move to chapter 15 as separate articles under that chapter
O Other
Sec. 36-13. Powers: page 2306
(6) To fulfill those duties and responsibilities assigned to a City Planning Commission in Iowa
Code chapter 409, "Plats"; and
Iowa Code chapter 409 is now chapter 354.
O Change to proper citation
CHAPTER 37
PLUMBING
Sec. 37-1. Uniform Plumbing Code -Adopted: page 2355
Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by
reference as the plumbing code of the City that certain plumbing code known as the Uniform
Plumbing Code, 1,997 Edition, including all appendices and installation standards as prepared
and edited by the International Association of Plumbing and Mechanical Officials of Walnut,
Califomia, and the provisions of such plumbing code shall be controlling for the installation,
alteration, repair, relocation, replacement, addition to and use or maintenance of plumbing
equipment and systems in all matters covered by such plumbing code within the corporate limits
of the City and shall be known as the "Dubuque Plumbing Code". A copy of the Uniform Plumbing
Code, 1997 Edition, as adopted, shall be on file in the office of the City Clerk for inspection. (Ord.
48-94, § 1, 9-6-1994; Ord. 102-99, § 1, 11-15-1999)
Is this the latest publication you wish to adopt?
O Leave as is
O Change to read
Sec. 37-2. Uniform Plumbing Code- Amendments:
Sec. 20.4 Plumbing Code Board: page 2357
Is this a current board?
O Yes, everything is correct
O Change this section 20.4 as follows
Sec. 30.4 Fees: page 2359
(d) Investigation fees; Work without a permit.
(2) Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a
permit is then or subsequently issued. The investigation fee shall be equal to the amount of the
permit fee that would be required by this code if a permit were to be issued. The payment of
such investigation fee shall not exempt any person from compliance with all other provisions of
this code nor from any penalty prescribed by law.
Are these provisions relating to the investigation fee current?
O Leave as is
O Change to read
Sec. 30.8. Licensing, Examination and Registration of Plumbers Required. page 2360
(e) Private sewer main exemption. Private sewer mains larger than four (4) inches in inside
diameter may be installed on the exterior of structures without obtaining a master plumber's or
journeyman plumber's license; provided that plans have been filed with and approved by the
building official; the City of Dubuque Engineering Services Division has approved the plans
and provides field inspection for the project; and that the person, firm or corporation doing the
work shall first obtain a permit from the building official for such act.
Is this a current division of the city?
O Leave as is
O Change to read
(f) Private water main exemption. Private water mains four (4) inches in inside diameter and
larger may be installed on the exterior of structures without obtaining a master plumber's or
journeyman plumber's license; provided that plans have been filed with and approved by the
building official; the City of Dubuque Water Division has approved the plans and provides field
inspection for the project; and that the person, firm or corporation doing the work shall first
obtain a permit from the building official.
Is this a current division of the city?
O Leave as is
O Change to read
Sec. 406. Cleanouts: page 2365
(e) Each cleanout shall be installed so that it opens in a direction opposite to the flow of the soil
or waste or at right angles thereto and, except in the case of "wye" branch and end -of -line
cleanouts, shall be installed vertically above the flow line of the pipe.
Note "wye" with "Y" in the following subsection. Should these read the same?
O Leave as is
O Change both to read "wye"
O Change both to read "Y"
CI Other
(f) Each cleanout extension shall be considered as drainage piping and each ninety (90) degree
cleanout extension shall be extended from a "Y" type fitting or other approved fitting of
equivalent sweep.
Sec. 1004. Materials: page 2368
(b) Water distributing piping shall be of brass pipe, copper tube Type L or Type K, copper pipe,
galvanized wrought iron pipe, galvanized open-hearth pipe, galvanized steel pipe. Plastic piping
for potable water distribution is prohibited unless approval is given by the plumbing board or the
administrative authority.
Type M copper tube may be used in one- and two-family dwellings within the structure only
when piping is aboveground or floor slab.
Should the word "detached" be included so that the above reads "detached one- and two-family
dwellings'? The word "detached" is included with Type M copper tubes at the top, right-hand
side of page 2362.
CI Leave as is
O Add the word "detached"
O Other
TABLE NO. 20-A pages 2369, 2370, 2371
PLUMBING PERMIT FEES
Permit Issuance
1) For issuing each permit $10.00
2) For issuing each supplement to a permit 5.00
Unit Fee Schedule (in addition to Item 1 or 2 above)
1) For each plumbing fixture or trap or set of fixtures on one
trap (induding water, drainage piping, venting, and backflow
protection therefor) 6.00
2) For installing, repairing or replacing each building, trailer or
mobile home sanitary or storm sewer:
a. From city main to the property line 10.00
b. From the property line to a building, trailer or mobile home 10.00
3) For each drain opening in a building, trailer or mobile home
storm drain 10.00
4) For each cesspool Cesspools are not permitted
5) For each building storm sewer to a building 10.00
6) For each water heater (with or without vent) 9.00
7) For each industrial or commercial waste pretreatment
interceptor including its trap and vent, excepting kitchen
type grease interceptors functioning as fixture traps 10.00
8) For installation, alteration or repair of water piping and/or
water -treating equipment, except building, trailer or mobile
home water service, each 10.00
9) For repair or alteration of drainage or vent piping, each fixture 10.00
10) For each lawn sprinkler system or any one meter including
backflow protection devices therefor 10.00
11) For atmospheric type vacuum breakers not included in
Items 1 or 10:
a. One to 5 10.00
b. Over 5, each 2.00
12) For each backflow protective device other than
atmospheric -type vacuum breakers 10.00
13) For each backwater valve 10.00
14) For each gas piping system of one to 5 outlets 10.00
15) For each gas piping system of 5 or more outlets, per outlet 2.00
16) For each building, trailer or mobile water service installed,
replaced or repaired:
a. From water main to property line 10.00
b. From property line to building, trailer or mobile home 10.00
c. From private water supply to building, trailer or mobile home 10.00
Other Inspections
1) Inspections outside of normal business hours, per hour
(Minimum charge, two (2) hours)
2) Reinspection fee assessed under provisions of Section
305(f), per hour
3) Inspection for which no fee is specifically indicated, per hour
4) Plan review fee, per hour
(Minimum one hour charge and charged in one -half-hour
increments beyond the first hour; plans which must be sent
to Kansas City for review will be charged for 10 hours of
review time)
5) Additional plan review required by changes, additions or
revisions to previously approved plans, per hour
(Minimum charge one-half hour)
*Or the total hourly cost to the jurisdiction, whichever is
the greatest. This cost shall include supervision, overhead,
equipment, hourly wages and fringe benefits of the
employees involved.
Table No. 20-13 is hereby amended to read as follows:
35.00*
35.00*
35.00*
35.00
35.00
TABLE NO. 20-B page 2370
PLUMBING EXAMINATION, LICENSE AND REGISTRATION FEES
1. For an initial Master Plumber's license
2. For an initial Journeyman Plumber's license
3. For registration as an Apprentice Plumber
4. For renewal of a Master Plumber's license
5. For renewal of a Journeyman Plumber's license
6. Master Plumber examination fee
7. Journeyman Plumber examination fee
8. Examination fee for practical portion only
$100.00
35.00
15.00
50.00
25.00
as set by testing agency
as set by testing agency
30.00
Are all these fees current and not in conflict with those found under building permit fees, Table
#1-A on page 658 of your code?
CI Fees are current
CI Change to read
TABLE NO. 20-C page 2371
MAXIMUM NUMBER OF APPRENTICE PLUMBERS THAT MAY BE
SUPERVISED BY MASTER PLUMBERS OR JOURNEYMAN PLUMBERS
Number of Master or
Journeyman Plumbers
1
2-3
4-5
6-7
Maximum Number of Apprentice
Plumbers Supervised
1
2
3
4
8-9 5
10-11 6
12-13 7
14-15 8
16-17 9
18-19 10
These ratios may be extracted beyond those given as long as the proportion of supervisors to
apprentices is constant. (Ord. 48-94, § 2, 9-6-1994; Ord. 102-99, § 2, 11-15-1999)
Are the above requirements current?
D Yes
D Change to read
CHAPTER 38
POLICE
ARTICLE II. BURGLARY AND ROBBERY ALARM PERMITS
Sec. 38-14. Permit Fees: page 2424
Permit fees shall be as follows:
For each direct alarm — one hundred fifty dollars ($150.00).
For each remote alarm — no fee.
Permit fees will not be required for alarm systems terminated at the Police Department and for
which fees have been paid prior to the enactment of this Article. (1976 Code, § 31-7)
Are these fees current?
O Yes
O Change to read
Sec. 38-15. Revocation Of Permit: page 2424
(d) A permit which has been revoked may be reissued upon presentation of evidence that the
cause for revocation has been removed and payment of a fifty dollar ($50.00) fee. Evidence of
removal of cause means proof of payment in the case where revocation was for nonpayment of
fees, or evidence of corrective measures taken in the case where revocation was for excessive
false alarms. (1976 Code, § 31-8)
Is this fee current?
O Yes
O Change to read
Sec. 38-16. Service Charges: page 2424
(3) There shall be a service charge of forty five dollars ($45.00) for response to the fifth and
each subsequent alarm to and including the eighth, and a service charge of one hundred dollars
($100.00) for the ninth and each subsequent alarm provided there have been at least four (4)
false alarms within the fiscal year beginning the most recent July 1.
Is this fee current?
CI Yes
O Change to read
page 2425
(6) There shall be an annual service charge of fifty dollars ($50.00) for the communications
center monitoring of direct alarm systems only for burglar, robbery, and fire alarm, effective July
1, 19 (1976 Code, § 31-9; Ord. 14-89, §§ 1, 2, 3-9-1989; Ord. 16-92, § 1, 2-29-1992; Ord.
60-99, § 1, 7-6-1999)
Is this fee current?
O Yes
O Change to read
Sec. 38-18. Assistance Provided: page 2425
Within its capability, the Police Department will provide technical assistance or advice to any
person wishing to install an alarm system or improve an existing system.
Are these provisions current?
O Yes
O Change to read
ARTICLE III. POLICE DEPARTMENT
Sec. 38-31. Service Charges: page 2426
(a) Persons requesting assistance from the Police Department for opening any motor vehicle or
gaining entrance to any structure shall be liable for the payment of a twenty five dollar ($25.00)
service charge per call.
Is this fee current?
O Yes
O Change to read
CHAPTER 40
SOLID WASTE
ARTICLE II. COLLECTION
Division 1. Generally
Sec. 40-18. Containers Required; Specifications; Collection Of Noncomplying Containers By City
Crews: page 2532
(c) Except for Class II premises, health care waste shall be placed in suitable containers
separately from all other solid waste. Sharp objects such as hypodermic needles, syringes and
lancets shall be securely contained in hard plastic or metal disposable containers with screw -on
or tightly secured lids for collection. Broken glass and similar materials shall be placed in
disposable boxes with a secure closure. Other health care waste such as soiled bandages,
disposable sheets and medical gloves shall be placed in thick disposable plastic bags or shall be
double bagged.
Class II premises shall comply with all Occupational Safety Health Administration (OSHA)
regulations concerning the disposal of potentially infectious wastes.
Is the reference to Class II permits current?
O Yes
O Change to read
Sec. 40-21. Hazardous Wastes And Prohibited Wastes Not Collected By City; Transport By Owner
Required; Enumeration: page 2533
(a) No person shall deposit in a solid waste container or otherwise offer for City collection any
hazardous wastes or prohibited wastes, except when a special collection is established by the City
Manager under Subsection 40-18(0 of this Division.
(b) Hazardous wastes and prohibited wastes shall be transported by the owner to a sanitary
disposal project licensed by the Iowa Department of Natural Resources to accept such wastes.
(c) "Prohibited wastes" includes, but is not limited to, waste oils, lead -acid batteries and tires.
(Ord. 54-93, § 1, 9-20-1993)
Do the provisions of this section comply with chapter 33, article III on hazardous wastes. It
appears that said chapter 33, article III deals mostly with spills; whereas, this deals with solid
waste regulations and collections.
O Leave as is
O Change to read
Division 2. City Collection Service
Sec. 40-39. Yard Waste: page 2537
(d) Yard waste collected by the city shall be placed in specially marked degradable bags or in
degradable paper bags with an affixed single -use tag or in permanent waste containers with an
affixed single -use tag or in permanent waste containers with an affixed annual yard waste permit
or be contained by tying devices approved by the city manager. The charges for collection and
disposal of "yard waste" as defined shall be as follows:
(1) The fee for specially marked degradable bags shall be seventy five cents ($0.75) each.
(2) The fee for tying devices approved by the city manager shall be one dollar ($1,00) each.
(3) The fee paid to the city by a property owner for an annual yard waste permit for a permanent
waste container shall be fifteen dollars ($15.00) for one or twenty six dollars twenty five cents
($26.25) for two (2) through June 30 of each year. The fee shall be reduced by one-half (1/2) on
July 1 of each year, and again by one-half (1/2) on September 1 of each year. A permit shall only
be used by the property owner who purchased it.
(4) The fee for single -use tags shall be seventy five cents ($0.75) each.
Are these fees current?
O Yes
CI Change to read
Division 3. Private Collection Service
Sec. 40-47. License -Application; Fee: page 2538
Application for such license shall specify the type of equipment and vehicles to be used, the
routes to be traveled, the places to be served and the name and residence of the applicant. Such
person shall pay, at the office of the city treasurer, an annual license fee of twenty five dollars
($25.00) per year for each vehicle engaged in such business. (Ord. 54-93, § 1, 9-20-1993)
Is this fee current?
O Yes
O Change to read
Is the reference to the city treasurer correct?
O Yes
O Change to read
Sec. 40-49. Penalty: page 2538
Any person violating any provision, section or paragraph of this chapter shall be guilty of a
misdemeanor, and upon conviction thereof be subject to a fine of not more than one hundred
dollars ($100.00) or be imprisoned for not more than thirty (30) days, or both, and each day that
a violation occurs shall constitute a separate offense. (Ord. 54-93, § 1, 9-20-1993)
Is this penalty correct?
4
O Yes
O Change to refer to the general penalty in section 1-8 of this code
O Change to read as follows
CHAPTER 41
STREETS, SIDEWALKS AND PUBLIC PLACES
ARTICLE L IN GENERAL
Sec. 41-6. Playing In Streets: page 2632
If any person within the corporate limits of this city, plays baseball or football, flies kites, rolls
hoops or participates in any other sport or game on any street, alley or other public place which
Is likely to, or does frighten horses, injures persons, or obstructs the free passage of vehicles
thereon, such person shall be guilty of a misdemeanor. (Code 1976, § 33-6)
Should this section be updated to include inline skates (roller blades)?
O Leave as is
O Add "inline skates" as suggested
O Other
Sec. 41-8. Parades And Processions Other Than Circus Parades: page 2632
Parades and processions other than circus parades, may be held under such rules as the city
manager and chief of police may prescribe but information regarding the nature of the same shall
be given to such officers in advance. (Code 1976, § 33-8)
Review the provisions of this section with section 6-63 with relation to circus parades, and with
the general parade provisions in section 33-21. Does this section comply?
O Yes
O Change to read
Should references be included in this section to sections 6-63 and 33-21?
O No, leave as is
O Yes, add such references
Sec. 41-11. Use Of Public Streets: page 2632
No person shall use any public streets of the city for sleighing, sleigh riding, coasting,
tobogganing, bobsledding or skiing. (Code 1976, § 33-11)
Should the above also include "snowmobiles'?
O No, leave as is
O Change to add the word "snowmobiles"
O Other
S
ARTICLE II. CURBS AND DRIVEWAYS
Division 2. Permit
Sec. 41-35. Issuance: page 2633
The City Manager shall issue a permit required by this Division for the work applied for when 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 and approved by the City Council;
Is the reference to the city engineer correct?
II:1 Yes
O Change to read
ARTICLE III. EXCAVATIONS
Division 1. Generally
Sec. 41-46. Restoration Of Surface -Generally: page 2634
When a permittee under Division 2 of this Article has completed the excavation, including
backfilling and restoration to the approval of the City Manager, the paving surface shall then be
restored by the City Street Department, as soon as practicable at the permittees cost. The
cost of the restoration of the pavement surface shall be determined by the City Manager and
shall include field labor supervision, materials, use of equipment and inspection. The City
Manager may, in the City Manager's discretion, make an additional charge equal to two percent
(2%) of the basic charge multiplied by the difference between thirty six (36) and the number of
months the pavement has been laid. (Code 1976, § 33-48)
Is the reference to the street department correct?
O Yes
O Change to read
Is the 2% rate and number of months correct?
O Yes
O Change to read
Sec. 41-47. Restoration Of Surface -Bond: page 2634
At the time the application for a permit as required by Division 2 of this Article is filed, the
applicant shall deposit with the City Treasurer a sum equal to the charge for restoring the
pavement surface as estimated by the City Manager which sum shall be retained by the City to
apply against the charge for restoring the surface as provided and credited to the Street Fund. In
the event the amount of the deposit proves to be in excess of the charge, the difference shall be
refunded to the permit holder. (Code 1976, § 33-49)
Is the reference to the city treasurer correct?
0 Yes
O Change to read
Sec. 41-52. Delegation Of Powers By City Manager Authorized: page 2635
The City Manager is hereby authorized to delegate any of the powers conferred on the City
Manager by this Article to either the City Engineer or the City Plumbing Inspector. (Code
1976, § 33-54)
Are the references to the city engineer and the plumbing inspector correct?
O Yes
O Change to read
ARTICLE V. SIDEWALK REPAIRS
Sec. 41-104. Installments: page 2637
If any amount assessed against property under Section 41-103 of this Article 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 assessments against benefited
property under Iowa Code chapter 384, division IV. (Code 1976, § 33-93; Ord. 35-96, § 4, 6-17-
1996)
Is the $100 amount and ten installment provisions current?
O Yes
O Change to read
ARTICLE VL ENCROACHMENTS ON PUBLIC PLACES
Division 2. Waste Collection Receptacles
Sec. 41-123. Application For Permit: page 2638
An application for permit shall be filed with the City Engineer on a form to be provided by the
City Engineer. Such application for a permit shall be filed with the City Engineer not less than
seven (7) days prior to the date the waste collection receptacle is to be so located. For each
waste collection receptacle currently located in a public place, such application shall be filed on or
before July 1, 1986. (Code 1976, § 33-107)
Are the references to the city engineer correct?
O Yes
O Change to read
Should the last sentence now be eliminated?
▪ No
0 Yes, eliminate last sentence
O Other
Sec. 41-124. Permit Fees: pages 2638, 2638.1
(a) An applicant shall pay a ten dollar ($10.00) permit fee to the City for each waste collection
receptacle currently in a public place as of July 1, 1986, and for each receptacle subsequently
placed in a public place. Such permit fee is clue and payable at the time of the filing of an
application for each receptacle.
(b) A permit holder shall pay an annual renewal permit fee of five dollars ($5.00) to the City on
or before July 1, 1987, and each July 1 thereafter for each waste collection receptacle in place as
of July 1 of that year.
(d) The permit fee for a waste collection receptacle to be placed in a public place for a period of
thirty (30) days or less shall be five dollars ($5.00).
Are these fees current?
O Yes
O Change to read
Sec. 41-127. Insurance: page 2638.1
(a) A permit holder shall provide, at the time a permit application is filed, a copy of the permit
holder's general public liability insurance, including vehicle coverage issued to the permit holder
and protecting the permit holder from all claims for personal injury including death and all claims
for destruction of or damage to property arising out of or in connection with any operations of
the permittee whether such operations be by the permit holder or by any employee or agent or
anyone directly or indirectly employed by the permit holder under such permit. The minimum
coverage of such insurance shall be as follows:
Public liability insurance
Property damage insurance
Are these insurance amounts adequate?
O Yes
O Change to read
Sec. 41-130. Exception: page 2639
$1,000,000.00
300,000.00
Privately owned waste collection receptacles placed in a public place to facilitate solid waste
collection by the city pursuant to Sections 22-31 through 22-37 of this Code are exempt from
the provisions of this division. (Code 1976, § 33-114)
Need to change the references above to chapter 40 of this code.
0 Change references
Division 3. Newsracks
Sec. 41-142. Location And Size: pages 2639, 2640
(a) No newsrack shall be located where it would endanger the safety of persons or property,
obstructs the vision of motorists or unreasonably interferes with or impedes the flow of
pedestrian or vehicular traffic or the ingress into and egress from any building.
(b) No newsrack shall be located:
(1) Within six (6) feet of any fire hydrant or other emergency facility;
(2) Where it projects beyond any curb line onto the roadway;
(3) Within three (3) feet of any marked crosswalk;
(4) Within three (3) feet of the curb return at an intersection;
(5) Within three (3) feet of any curb return on any driveway;
(6) Where it unreasonably interferes with access to a bus shelter or a bus bench;
(7) Where it unreasonably interferes with loading or unloading at the front or rear door of buses;
(8) In any handicap access ramp;
(9) In such a manner as to reduce the clear space for the passageway of pedestrians to less than
three (3) feet; and
(10) On any planted public place improved with lawn, flowers, shrubs, or other landscaping.
(c) No newsrack shall exceed five (5) feet in height, thirty (30) inches in width or two (2) feet in
depth. (Code 1976, § 33-116)
Are these locations and dimensions still current?
O Yes
O Change to read
Sec. 41-144. Identification: page 2640
Any person who places or maintains a newsrack in a public place or places shall inform the city
engineer, in writing, where it has located a newsrack within seven (7) business days after placing
the newsrack in a public place. (Code 1976, § 33-118)
Is the reference to the city engineer correct?
O Yes
O Change to read
Sec. 41-145. Insurance: page 2640
(a) Any person placing newsracks in or about a public place or places within the city shall provide
proof of general public liability insurance in the minimum amount of five hundred thousand
dollars ($500,000.00) for each occurrence and one million dollars ($1,000,000.00) in the
aggregate, and fifty thousand dollars ($50,000.00) for property damages.
Are these insurance amounts adequate?
O Yes
O Change to read
(b) Said insurance policy or policies shall name the City of Dubuque as an additional insured and
shall provide for ten (10) days written notice by certified mail to the city engineer of any material
change or cancellation of said policy.
(c) A certificate of insurance in a form approved by the corporation counsel shall be delivered to
the city engineer prior to the placement of any newsrack in a public place. A single policy of
insurance may cover more than one newsrack.
Are references to the city engineer correct?
O Yes
O Change to read
Division 4. Projecting Signs
Sec. 41-149. Definitions: page 2641
The following words when used in this division shall have the following meanings:
Projecting Sign: A sign which projects from and is supported by a wall of a building or a
structure, and which extends over a public place.
Note that this definition is also in your zoning ordinance In talking with your planner, Guy, he
indicated that this definition should mirror the one in zoning on page 3743 which reads
Projecting sign. A sill other than a flat wall sign, which is attached to and projects from a
building wall or other structure not specifically designed to support the sign and is not
parallel to the structure to which it is attached. (See diagram)
We suggest that in lieu of setting out any definition in this section 41-149, that you make
reference to the definition in zoning.
O Leave as is
O Change to refer to the definition in zoning
O Replace this definition with the one found in zoning
Sec. 41-152. Permit Fees: page 2641
The applicant shall pay the permit fee to the city for each projecting sign at the time of the filing
of an application for each projecting sign. (Ord. 92-00, § 1, 10-16-2000)
Are the fees the ones found in section 3-44 of your code? If so, suggest that reference be made
to that section.
O Leave as is
O Add reference to section 3-44
O Other
Sec. 41-155. Maintenance: page 2642
The permit holder for each projecting sign for which a permit is issued shall:
(1) Maintain the sign in a good state of repair; and
(2) Construct the sign of such materials as to meet all local, state and federal regulations
governing the construction and installation of signs. (Ord. 92-00, § 1, 10-16-2000)
Review the provisions of this section with section 3-45 on page 148.1 of your code. Are both
sections needed in the code?
O Yes, leave as is
O Eliminate this section
0 Change as follows
Sec. 41-157. Insurance: page 2642
(a) Prior to the issuance of a permit for a projecting sign, proof of insurance shall be furnished to
the building official by the owner and/or occupant of the premises.
(b) Coverage shall include such comprehensive public liability and property damage insurance
written by an insurer licensed to do business in the state of Iowa as shall protect the city during
the life of the projecting sign from claims or damages, personal injury, including accidental death,
as well as claims for property damages, which may arise from the existence of the sign in such a
manner as to impose liability on the city, and the amounts of such insurance shall be as required
by the city manager.
(c) Such insurance shall name the city as an additional insured.
(d) Each owner and/or occupant of the premises required to furnish proof of insurance shall also
maintain on file with the building official a certificate evidencing that the insurer will give the
building official thirty (30) days' written notice prior to termination or cancellation of the required
insurance.
(e) Upon notice of cancellation or termination of insurance, or expiration of proof of insurance,
the building official shall notify the owner and/or occupant of the premises for which proof of
insurance is required by certified mail, that the projecting sign or signs are in violation of this
division and shall be removed by the date stated in the notice. (Ord. 92-00, § 1, 10-16-2000)
Review the provisions of this section with section 3-43(b) on page 146 of your code. Are both
sections needed in the code? Note that section 3-43(b)(1) sets insurance amount at $500,000,
® Yes, leave as is
O Eliminate this section
O Make reference in this section to section 3-43
O Change as follows
CHAPTER 46
VEHICLES FOR HIRE AND PUBLIC TRANSPORTATION
ARTICLE IL TAXICABS
Division 1. Generally
Sec. 46-19. Rates. pages 2957, 2958
(a) The operator shall fix and establish rates and charges for the transportation of passengers
within the city limits for the following services:
(1) One passenger;
(2) Two (2) or more passengers, same points of origin and destination, for related groups and
unrelated groups;
(3) Two (2) or more passengers, same points of origin but different destinations;
(4) Various points of origin and destination;
(5) Extra luggage; and
(6) Waiting charges.
(b) No driver shall permit any other person to occupy or ride in said taxicab, unless the person or
persons first employing the taxicab shall consent to the acceptance of additional passenger or
passengers.
(c) A copy of the operator's rates and charges shall be placed on file with the city clerk and no
increase and/or decrease of such rates and charges shall become effective until ten (10) days
after such change or changes is placed on file with the city clerk and published at least one time
at the operator's expense in a newspaper of general circulation in the city.
(d) Every taxicab shall have exposed in a conspicuous place, in clear view within the passenger
compartment, a printed rate card large enough to be read by the passengers in the taxicab,
showing the rates as on file with the city clerk, and it shall be unlawful to operate, or permit to
be operated, any taxicab unless such rates are posted as provided in this section. (Code 1976, §
38-19)
Review this section stating that the operator will fix and establish rates, with the provisions found
in section 46-71(2). Are these provisions conflicting?
DNo
13 Change as follows
Division 2. Permits And Licenses
Sec. 46-33. Consideration Of Application: page 2960
The City Manager shall, upon consideration of the application and the reports required to be
attached thereto, approve or reject the application. If the application is rejected, the applicant
may request a personal appearance before the City Manager to offer evidence why the
application should be reconsidered. (1976 Code, § 38-33; Ord. 63-95, § 2, 10-2-95)
Note that this section reads exactly the same as section 46-42. Are both needed in the code?
O Yes
0 No, eliminate section 46-42
O No, eliminate this section
Sec. 46-34. Insurance Prerequisite To Issuance, Continuance In Effect: page 2960
(1) Commercial motor vehicle liability coverage for bodily injury and property damage in an
amount not less than five hundred thousand dollars ($500,000.00).
(2) Underinsured and uninsured motorists coverage in an amount not less than one hundred
thousand dollars ($100,000.00)
(3) Workers' compensation coverage as required by law.
Are these insurance requirements adequate?
13 Yes
O Change to read
Sec. 46-35. Fees: page 2960
No taxicab operator permit shall be issued or continued in operation unless the holder thereof
has paid an annual permit fee of ten dollars ($1.0.00) for the right to engage in the taxicab
business and an annual fee of twenty five dollars ($25.00) for each vehicle. Such fees shall be for
one year starting April 1 and shall be in addition to any other license fee or charges established
by proper authority and applicable to such holder and the vehicle or vehicles under the holder's
operation and control. (1976 Code, § 38-35)
Are these fees current?
O Yes
CI Change to read
Sec. 46-42. Consideration Of Application: page 2961
The City Manager shall, upon consideration of the application and the reports required to be
attached thereto, approve or reject the application. If the application is rejected, the applicant
may request a personal appearance before the City Manager to offer evidence why the
application should be reconsidered. (1976 Code, § 38-42)
Note that this section reads exactly the same as section 46-33. Are both needed in the code?
O Yes
I
j
1
0 No, eliminate section 46-33
13 No, eliminate this section
Sec. 46-43. Issuance Of License; Duration; Annual Fee: page 2961
(a) Upon approval of an application for a taxicab driver's license, the City Manager shall issue a
license to the applicant upon the payment of five dollars ($5.00). Such license shall be in effect
for the remainder of the calendar year. A license for every calendar year thereafter shall be
issued upon the payment of five dollars ($5.00) unless the license for the preceding year is in
suspension or has been revoked.
Are these fees current?
O Yes
O Change to read
ARTICLE III. TRANSIT SYSTEM
Division 2. Transit Authority page 2962
Is there such an authority for the City?
O Yes
O Change as follows
Sec. 46-68. Organization, Election Of Officers; Adoption Of Rules; Terms: page 2962
(b) The Board of Trustees of the Transit Authority shall comprise five (5) trustees appointed by
the City Council. Three (3) of the initial appointments shall be for terms expiring July 30, 1984;
one of the initial appointments shall be for a term expiring July 30, 1983; and one of the initial
appointments shall be for a term expiring July 30, 1982. Thereafter, all appointments shall be for
a term of three (3) years or until a successor has been appointed and qualified. (1976 Code, §
38-68)
Is the number of trustees correct?
O Yes
O Change to read
The second sentence referring to the staggered terms could now be eliminated from your code.
O Agree, eliminate sentence beginning with "Three (3) of the initial appointments...."
CI Leave as is
O Change as follows
Sec. 46-71. Powers, Duties Of Board: page 2963
The Board of Trustees of the Transit Authority shall have:
(2) The power from time to time to fix and establish routes and schedules and change the same
whenever it is deemed advisable and to fix, maintain and regulate rates, fares or charges for the
transportation of passengers and any incidental services and the rates or charges to be made for
advertising in buses or any other facility under the control of the Board. (1976 Code, § 38-71;
Ord. 94-95, § 2, 12-18-1995)
Review the provisions relating to rates with section 46-19 which states the operators will fix and
establish rates. Are these provisions conflicting?
O No
ci Yes, change as follows
Sec. 46-72. Deposit Of Funds: page 2963
All funds derived from taxation, Federal and State grants, fares, or funds collected otherwise for
transit system purposes shall be deposited with the Treasurer of the City to the credit of the
transit system. (1976 Code, § 38-72; Ord. 94-95, § 3, 12-18-1995)
Is the reference to the city treasurer correct?
O Yes
O Change to read
Sec. 46-74. Meetings: page 2963
(a) The Transit Authority shall meet not less than bimonthly on a regularly scheduled day.
Is this meeting schedule current?
O Yes
O Change to read
i�
APPENDIX A
ZONING
ORDINANCE NO. 13-85
Throughout this ordinance, reference is made to the following. Please verify IT the references are
correct or should be changed:
City planner
O Correct
O Change that reference to
City development planner
O Correct
O Change that reference to
Zoning administrator (especially in section 3-53(N).
O Correct
O Change that reference to
Building commissioner
O Correct
O Change that reference to
Zoning commission
O Correct
O Change that reference to
City development review committee
O Correct
O Change that reference to
Office of development services
O Correct
O Change that reference to
SECTION 2. GENERAL PROVISIONS
2-1. Establishment Of Districts: pages 3668, 3669
In order to carry out the purposes of this ordinance, the following districts are hereby
established:
Residential Districts: page 3668
R-1 Single -Family Residential District
R-2 Two -Family Residential District
R -2A Alternate Two -Family Residential District
R-3 Moderate Density Multifamily Residential District
R-4 Multifamily Residential District
PR Planned Residential District
Note that the PR district has no provisions listed under section 3-1, Residential Districts of your
zoning ordinance. Are there provisions for this district? If not, do you want to eliminate it from
this list?
( 0 Leave the PR district as part of this list
O Eliminate the PR district as part of this list
Office Districts: page 3668
OR Office/High Density Multifamily Residential District
Under section 3-2.1, the title to this district is Office Residential District. Which is correct?
D Change the above to read Office Residential District
D Change section 3-2.1 to read Office/High Density Multifamily Residential District
OS Office/Service District
Under section 3-2.3, there are provisions for the OC Office Commercial District. Should this be
added to this list?
O No
D Yes, add OC Office Commercial District to this list
Commercial Districts: page 3668
C-1 Neighborhood Commercial District
C-2 Neighborhood Shopping Center District
C-3 General Commercial District
C-4 Downtown Commercial District
C-5 Central Business District
Under section 3-3.5, the title to this district is Business District. Which is correct?
D Change the above to read Business District
O Change section 3-3.5 to read Central Business District
CS Commercial Service and Wholesale District
CR Commercial Recreation District
PC Planned Commercial District
Note that the PC district has no provisions listed under section 3-3, Commercial Districts of your
zoning ordinance. Are there provisions for this district? Ifnot, do you want to eliminate it from
this list?
D Leave the PC district as part of this list
O Eliminate the PC district as part of this list
Industrial Districts: page 3669
LI Light Industrial District
HI Heavy Industrial District
PI Planned Industrial District
MHI Modified Heavy Industrial District
Note that the P1 district has no provisions listed under section 3-4, Industrial Districts of your
zoning ordinance. Are there provisions for this district? Ifnot, do you want to eliminate it from
this list?
O Leave the PI district as part of this list
O Eliminate the PI district as part of this list
It could be that the three planned districts, i.e., residential, commercial and industrial, are part of
the RID districts and therefore you would have no specific provisions to PR, PC or PI However,
should those districts then be referred to in section 3-5.5 of your zoning ordinance?
▪ No
O Yes, change as follows
Special Purpose Districts: page 3669
AG Agricultural District
ID Institutional District
FL Flood Hazard Overlay District
POS Public Open Space District
PUD Planned Unit Development District
RH Restricted Height Overlay District
Note that the RH district has no provisions listed under section 3-5, Special Purpose Districts of
your zoning ordinance. This may be because it is an over/ay district, except that you do have
provisions relating to the flood hazard overlay district. Are there provisions for this district? If not
do you want to eliminate it from this list?
O Leave the RH district as part of this list
O Eliminate the RH district as part of this list
ROD Fourth Street Peninsula Redevelopment Overlay District
SOD Freeway 61/151 Corridor Signage Overlay District
(Ord, 21-92, § 1, 3-21992; Ord. 78-92, § 1, 11-2-1992; Ord. 12-93, § 1, 3-15-1993; Ord. 43-95,
§ 1, 7-3-1995)
2-5.8. Exemption From Regulations: page 3671
The following structures or uses are exempt from the regulations of this Ordinance and shall be
permitted in any district:
(a) Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves, or any other similar
equipment for transmission or distribution to customers of telephone or other communication
services, electricity, gas, steam or water, or the collection of sewage or surface water, operated
or maintained by a public utility.
Review the above with section 4-9 relating to towers and antennas. As section 4-9 regulates
towers and antennas for communications systems, are the above provisions correct?
O Leave as is
O Change as follows
2-5.9. Buildings, Structures And Uses Of The City: page 3671
All buildings, structures, or uses owned or operated by the City not exempted by Section 2-5.8 of
this Ordinance shall also be exempted from the regulation of this Ordinance and shall be
permitted in any district provided that:
a
(a) A site plan is submitted and approved in accordance with the provisions of Section 4-4 of this
Ordinance.
Are the provisions of this section current?
O Leave as is
O Change as follows
3-4.1. LI Light Industrial District: page 3713
(0) Conditional Uses:
(1) Group daycare center provided that:
(h) The conditional use applicant certifies that the premises on which the group day care center
will be located complies with, and will for so long as the group day care center is so located,
continue to comply with all local, State and Federal mutations governing hazardous substances,
hazardous conditions, hazardous wastes, and hazardous materials, including but not limited to
Iowa Code chapter 4550 (1991); 42 U.S.C. section 9601 of the Federal Comprehensive
Environmental Response Compensation and Liability Act; 40 C.F.R. section 302.4; and section
302 of the Superfund Amendments and Reauthorization Act of 1986.
Suggest that to the Iowa Code chapter 455B be added "part 5'
.
O Leave as is
O Add as suggested
3-5.3. FL Flood Hazard Overlay District: page 3730.1
(C) Establishment of official floodplain zoning map. The official floodplain zoning map, together
with alt explanatory matter thereon and attached thereto, is hereby adopted by reference and
declared to be a part of this ordinance. The official zoning map bears the signature of the mayor
attested by the city clerk and shall be on file in the office of the planning services division. The
flood insurance study and flood insurance rate map(s) (FIRM) for the City of
Dubuque, dated September 6, 1989, are attached to and made a part of the official
floodplain zoning map.
Is this the most current map(s)? This is also referred to in section 3-5.3(P) under the definition of
"new construction", and that date is referred to also in the definition of ':substantial
improvemenr paragraph (2).
O Yes
O No, change to read
(P) Definitions: page 3736.4
Basement. Any enclosed area of a structure which has its floor or lowest level below ground level
(subgrade) on all sides. Also see lowest floor".
Review this definition with the one found in section 8 on page 3785, Should these definitions be
the same?
CI Yes
CI No, change to read
3-5.6. ROD Fourth Street Peninsula Redevelopment Overlay District: page 3736.12
(F) Conditions Of Development.
(3)(k) Parking. page 3736.14
(ii) Temporary parking lots may be permitted with the approval of a site plan and temporary
surfacing for not more than two (2) years if approved by the City Planner, provided a bond or
letter of credit for one hundred ten (110) percent of the installation cost of a permanent parking
lot first is provided to the Planning Services Department.
Is the 110% amount correct?
CI Yes
CI Change to read
4-1. ACCESSORY USES
4-1.2. Location, Coverage And Height Of Accessory Uses, Buildings And Structures Within
Residential And Office Residential Districts. page 3736.15
(A) Location. No accessory use, building, or structure permitted by this Ordinance may be located
in a required front yard, except as otherwise specifically authorized. No accessory building and no
structure, equipment or material of any kind exceeding 5 feet in height may be located in a
required side yard. If satellite receiving dishes are attached to a roof of a principal building then
the height of said structure shall not exceed the highest point of the building on which it is
mounted. Roof -mounted satellite receiving dishes shall be limited to 6 feet in diameter.
Review the 6 feet diameter provision with section 4-1.5(3)(04. Are these provisions conflicting?
section 4-1.5(3)(F)4 reads: Shall not exceed either 10 feet in diameter for circular shapes or forty
(40) square feet for other than circular shapes.
O No
CI Change section 4-1.2(A) to read
o Change section 4-1.5(3)(f)4 to read
4-3 Sign Regulations:
See our notes with chapter 3, article III of your code. We feel that there are several provisions
that are duplicated in that article with this section and have noted in chapter 3 those places.
Rather than duplicate provisions in your code, you can merely decide which provisions you want
and then make reference to those provisions in the other place.
4-3.2 Definitions: page 3743
(36) Name plate. A nonelectronic on -premise identification sign giving only the name, address
and/or occupation of an occupant or group of occupants. (See diagram)
Should possible indicate which diagram the above refers to.
O Comment
4-3.12. Freeway 61/151 Corridor Signage Overlay District (SOD):
(C) SOD Sign Regulations: page 3760.6
(2) Within the signage overlay district (SOD), off -premises signs in the following areas shall be
subject to the standards set forth in section 4-3.11 of this ordinance:
Note that there are no SOD standards listed in the chaff' in section 4-3.11. Should this reference
be changed? This provision is also repeated in (3) on the following page.
O Leave as is
O Change to read
7-3. Payment: page 3784.1
All fees shall be collected by the City Planner at the time of application for deposit with the City
Treasurer. (Ord. 70-90, § 1(a), 9-4-1990)
Is the reference to the city treasurer above correct?
O Yes
O Change to read
SECTION 8. DEFINITIONS page 3785
Basement: Any floor level below the first story in a building, except that a floor level in the
building having only one floor level shall be classified as a basement unless such floor level
qualifies as first story. (See diagram for story.)
Review this definition with the one found in section 3-5.3(P) on page 3736.4. Should these
definitions be the same?
O Yes
O No, change to read
Flammable or explosive materials: Any substance which decomposes through detonation or
which is intense burning. In addition, any substance which is intense burning. In addition, any
substance which is considered an "explosive" or a "flammable liquid" as defined in division IV of
article 1 of the city of Dubuque fire code shall be considered a flammable or explosive material.
Is the reference to division IVofartide 1 of the Dubuque fire code to an article and division of
the Uniform Fire Code adopted in section 19-1 of this code? Ifnot, this reference is not correct.
® Leave as is
® Change to read
CHAPTER 42
SUBDIVISION REGULATIONS
ARTICLE L IN GENERAL
Sec. 42-1. Definitions: page 2693
City Engineer: The City Engineer of the City of Dubuque or the City Engineer's designee.
City Planner: The City Planner of the City of Dubuque or the City Planner's designee.
Utilities Manager: The Utilities Manager of the City of Dubuque or the Utilities Manager's
designee.
Are the references to the city engineer, city planner and utilities manager correct? If yau note to
change the references, we will change them throughout this chapter.
O Yes
O Change city engineer to read
O Change city planner to read
O Change utilities manager to read
ARTICLE II. REGULATIONS FOR THE SUBDIVISION OF LAND
Sec. 42-3. Applicability: page 2694
These regulations shall apply to all land to be divided or subdivided which is within the limits of
the City or within two (2) miles of the limits of the City as per chapters 114A, 409A and
409A.9 of the Code of Iowa, (Ord. 27-91, § 2, 4-1-1991)
Sec. 42-5. Recording Of Subdivision Plats: page 2694
No person shall subdivide any tract of land to which this Chapter applies without recording a plat
thereof in the office of the County Recorder of Dubuque County, Iowa, which plat shall first have
been prepared and approved in conformity with the provisions of this Chapter, chapters 114A
and 409A of the Code of Iowa. (Ord. 27-91, § 2, 4-1-1991)
The above statute references are now chapters 354 and 355 of the Iowa Code.
O Change to proper citation
ARTICLE III. PLATTING PROCEDURES
Sec. 42-15. Application Information Requirements: pages 2700
(d) Final Plats:
(2) Graphic Information To Be Shown On The Plat:
h. All distance, bearing, curve and other survey data as required by chapters 114A and 409A
of the Code of Iowa.
Need to change the Iowa code references to chapters 354 and 355.
0 Change as noted
CHAPTER 43
TAXATION
ARTICLE II. PROPERTY TAXES
Division 2. Exemptions
Sec. 43-21. Partial Exemption For Value Added To Industrial Real Estate By New Construction
And Acquisition Or Improvements To Certain Machinery Or Equipment: page 2752
(c) Amount of exemption. The actual value added to industrial real estate for the reasons
specified in this section is eligible to receive a partial exemption from taxation for a period of five
(5) years. However, if property ceases to be classified as industrial real estate or ceases to be
used as a research -service facility or a warehouse or distribution center, the partial exemption for
the value added shall not be allowed for subsequent assessment years. "Actual value added," as
used in this section, means the actual value added as of the first of the year for which the
exemption is received, except that "actual value added by improvements to machinery and
equipment" means the actual value as determined by the assessor as of January first of each
year for which the exemption is received. The amount of actual value added which is eligible to
be exempt from taxation shall be as follows:
(1) For the first year, seventy-five (75) percent.
(2) For the second year, sixty (60) percent.
(3) For the third year, forty-five (45) percent.
(4) For the fourth year, thirty (30) percent.
(5) For the fifth year, fifteen (15) percent.
Are the above exemptions current?
O Yes
O Change to read
(d) Duration, repeal of exemption. The partial exemption shall be available until such time as this
section is repealed by the city council. When, in the opinion of the city council, continuation of
the exemption granted in this section ceases to be of benefit to the city, the city council may
repeal this section, but all existing exemptions shall continue until their expiration. (Code 1976, §
35-12)
Are the provisions of this subsection current?
O Yes
0. Change to read
CHAPTER 44
UTILITIES
ARTICLE L IN GENERAL page 2809
Suggest that since everything in this Article I deals with gas mains, that the caption to said article
be so changed.
O Leave as is
O Change as suggested
O Change as follows
ARTICLE II. SEWERS AND SEWAGE DISPOSAL
Division 1. Generally
Sec. 44-11. Definitions And Rules Of Construction: page 2809
Garbage shall mean solid wastes from the domestic and commercial preparation, cooking, and
dispensing of food and from the handling, storage, and sale of produce.
Industrial wastes shall mean the liquid wastes from industrial manufacturing processes, trade or
business, as distinct from sanitary sewage.
Should this definition read the same as this term is defined in section 40-1?
O No, leave as is
O Change to read the same as garbage is defined in section 40-1
O Change the definition of garbage in section 40-1 to read the same as this definition
O Other
Sec. 44-12. Notice Of Violation; Penalty; Indemnity To City: page 2810
(b) Any person who shall continue any violation beyond the time limit provided for in paragraph
(a) above shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in the
amount not exceeding one hundred dollars ($100.00) for each violation, or be imprisoned for not
more than thirty (30) days. Each day in which any such violation shall continue shall be deemed
a separate offense.
Review this penalty with the general penalty in section 1-8 of this code.
O Leave as is
O Change to refer to the general penalty in section 1-8 of this code
O Change as follows
Sec. 44-13. Noncomplying Disposal Methods Prohibited: page 2811
(a) Deposits On Public Or Private Property: It shall be unlawful for any person to place, deposit
or permit to be deposited in any unsanitary manner on public or private property within the City,
or in any area under the jurisdiction of said City, any human or animal excrement, garbage or
other objectionable waste, except in accordance with the provisions of this Article.
This provision reads almost the same as that found in section 40-1Z Are both provisions needed
in the code?
CI Yes
O Eliminate this section
O Change section 40-17 as noted
O Other
(c) Privies, Privy Vaults, Septic Tanks, Etc,: It shall be unlawful to construct or maintain any
privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of
sewage, except in accordance with the provisions of this Article. (1976 Code, § 36-12)
Review the above provisions with the plumbing permit fees that are set out in Table 20-A of
section 37-2 of this code, specifically item (4) which states "cesspools are not permitted': Do the
provisions of this section need to be changed according/y?
O Leave as is
O Change to eliminate the reference to "cesspools"
O Change as follows
Sec. 44-15. Connection To Public Sewer -Exception: page 2811
Where a public sanitary sewer is not available under the provisions of Section 44-31 of this
Article, the building sewer shall be connected to a private on-site sewage treatment and disposal
system complying with the provisions of Division 3 of this Article. (1976 Code, § 36-14; Ord. 72-
94, § 2, 12-19-1994)
The reference to section 44-31 needs to be changed to section 44-14.
O Change as noted
Sec. 44-22. Construction, Maintenance And Operation Costs: page 2812
The cost and expense of financing the construction and maintenance and the operation of the
sewage treatment plant shall be paid from the sewage rental fund as budgeted and appropriated
therefor each fiscal year. (1976 Code, § 36-22)
Are the provisions of this section current?
O Yes
O Change to read
Sec. 44-24. Sanitary Sewer Connection Fees: page 2813
(b) The sanitary sewer connection fee is hereby established at thirty dollars ($30.00) per front
foot of the property being serviced.
I'
Is this fee current?
O Yes
El Change to read
Division 2. Discharge Regulations
Sec. 44-32. Discharge Of Stormwaters And Other Unpolluted Drainage -Air -Conditioning Systems:
page 2813
(b) Separate water meters of the kind and type as specified by the water department may be
installed in all instances where water from the public water supply is used for air conditioners,
refrigeration or other processing and such clear water wastes are discharged to the storm sewer
or disposed of by other means than the sanitary sewer; the purpose of metering such water
will be used as a deduct quantity of water used for determination of the sewage
service charge. (1976 Code, § 36-30)
Are these provisions, especially the last part that is in bold, current?
O Yes
O Change to read
(2) Any waters or wastes containing toxic or poisonous solids, liquids, gases in sufficient quantity,
either singly or by interaction with other wastes to injure or interfere with any wastewater
treatment process, constitute a hazard to humans or animals, create a public nuisance, or create
any hazard in the receiving waters of the wastewater treatment facility, including, but not limited
to, cyanides in excess of two (2) milligrams per liter as CN in the wastes as discharged to
the public sewer.
Review the two milligrams referred to above with the five milligrams listed in section 44-102(d)
on page 2827. Are these conflicting provisions?
O No, leave as is
O Change the above to refer to five milligrams
O Change as follows
(3) Any waters or wastes having pH lower than five and five -tenths (5.5) or having any other
corrosive property capable of causing damage or hazard to structures, equipment, and personnel
of the sewage works.
Review the pH amount with section 44-102(a)(4) which provides for 5.5 pH with a maximum of
12.0. Do you want to add the maximum 12 here?
O No, leave as is
O Change the above to include "or greater than 12.0"
O Change as follows
Sec. 44-34. Discharge Of Harmful Substances: page 2814
The substances prohibited are:
(1) Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit
(150°F), or sixty five degrees Celsius (65°C).
(2) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess
of one hundred (100) milligrams per liter or containing substances which may solidify or become
viscous at temperatures between thirty two and one hundred fifty degrees Fahrenheit (32°F to
150°F), or zero and sixty five degrees Celsius (0°C to 65°C).
Review the temperature provisions with section 44-102(a)(10). Are these conflicting provisions?
CI No, leave as is
ci Change the above as follows
Sec. 44-39. Testing Standards To Determine Characteristics Of Waters And Wastes: page 2816
All measurements, tests and analyses of the characteristics of waters and wastes to which
reference is made in this Division shall be determined in accordance with the latest edition of
"Standard Methods for the Examination of Water and Waste Water", published by the
American Public Health Association, and shall be determined at the control manhole
provided, or upon suitable samples taken at said control manhole. In the event that no special
manhole has been required, the control manhole shall be considered to be the nearest
downstream manhole in the public sewer to the point at which the building sewer is connected.
Sampling shall be carried out by customarily accepted methods to reflect the effect of
constituents upon the sewage works and to determine the existence of hazards to life, limb and
property. (1976 Code, § 36-37)
Is the pub/ication current?
CI Yes
CI Change to read
Division 3. Private Disposal Systems
Sec. 44-51. Permit Required; Application, Form And Fee For Permit: pages 2817, 2818
(d) A permit and inspection fee of one hundred dollars ($100.00) shall be paid to the City at the
time the application is filed. (1976 Code, § 36-43; Ord. 72-94, § 6, 12-19-1994; Ord. 52-96, § 3,
11-4-1996)
Is this fee current?
CI Yes
0 Change to read
Sec. 44-52. Issuance Of Permit; Inspection And Completion Of Installation As Prerequisites To
Effectiveness: page 2818
If the City Manager, after an inspection of the premises and plans, shall find:
(1) That the location and design is in accordance with the regulations of the Iowa Department of
Natural Resources and the City,
(2) That the disposal system is adequate for the premises to be served,
(3) That it is not likely to create a nuisance to abutting property, and
(4) That there is no public sewer within two hundred feet (200') of the property line,
the City Manager shall issue a permit therefor, and advise the Plumbing Inspector and the
Health Services Division. The permit for a private on-site sewage treatment and disposal
system shall not become effective until the installation is completed to the satisfaction of the City
Manager. The City Manager shall be allowed to inspect the work at any stage of construction,
and in any event, the applicant for the permit shall notify the City Manager when the work is
ready to commence, and before any underground portions are covered. The inspection shall be
made within twenty four (24) hours, exclusive of Saturdays, Sundays and holidays, of the receipt
of notice by the City Manager. (1976 Code, § 36-44; Ord. 72-94, § 7, 12-19-1994)
Are the above references to plumbing inspector and health services division correct?
O Yes
O Change to read
Division 4. Private Haulers
Sec. 44-71. Miscellaneous Regulations: page 2820
(a) Permits: All private haulers discharging sewage at the Dubuque Wastewater Treatment Plant,
must secure a permit from the City on July 1 of each year. Cost of this permit will be fifty dollars
($50.00) for each truck for discharging sewage at the wastewater plant.
Is this fee current?
O Yes
O Change to read
(f) Fee Per Load: The rate to be charged for domestic sewage discharged at the wastewater
plant by private haulers from residences within the corporate limits of the City shall be $0.05 per
gallon. The rate of domestic sewage by private haulers from residences outside the corporate
limits of the City shall be $0.075 per gallon. (1976 Code, § 36-53; Ord. 58-99, § 1, 7-6-1999)
Is this fee current?
O Yes
O Change to read
Division 5. Rates
Sec. 44-81. Definitions: page 2820.1
Water Department: The city water department. (1976 Code, § 36-54)
Is the above definition correct?
O Yes
O Change to read
Sec. 44-86. Lien For Failure To Pay: page 2821
The city shall have a lien upon the real property served by the sanitary system for all delinquent
rates and charges. Bills for sewage charges shall be delinquent when the same are unpaid for a
period of fifteen (15) days following the due date, and if not paid, a penalty of five (5) percent
shall be added to the sewage rental bill but such penalty shall not be less than fifty cents ($0.50).
Is this penalty amount correct?
O Yes
O Change to read
The city clerk shall certify, as of December thirty-first of each year to the Dubuque County
treasurer for collection with and in the same manner as property taxes and to establish the real
property Hens, all charges which are delinquent. (1976 Code, § 36-59)
For the above paragraph to read correct/y, we suggest that the wording "to establish the real
property liens" be changed to "to establish as real property liens".
O Leave as is
O Change as suggested
Division 6. Industrial Pretreatment Program
Sec. 44-102. Regulations. page 2826
(1) Pollutants which create a fire or explosion hazard in the POTW and/or the collection system,
including, but not limited to, waste streams with a closed cup flash point of less than one
hundred forty (140) degrees Fahrenheit or sixty (60) degrees celsius using test methods
specified in 40 CFR 261.21. At no time shall two (2) successive readings on an explosion hazard
meter, at the point of discharge into the system (or at any point in the system) be more than five
(5) percent nor any single reading over ten (10) percent of the lower explosive limit (LEL) of the
meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naptha, benzene,
toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates,
bromates, carbides, hydrides, and sulfides.
Are the above temperatures current?
O Yes
O Change to read
(3) Solid or viscous substances which may cause obstructions to the flow in a sewer or other
interference with the operation of the wastewater treatment facilities such as, but not limited to,
grease, garbage with particles greater than one (1) inch in any dimension, animal guts or
tissues, paunch manures, bone, hair, hides or fleshings, entrails, whole blood, feathers, ashes,
cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings,
rags, spent grains, spent hops, waste paper, wood, plastics, tar, asphalt residues, residues from
refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes.
Does the one inch provision comply with the one-half inch provisions found in the definition of
"properly shredded garbage" on page 2810?
1:1 Yes
D No, change the above one inch to one-half inch
O Change as follows
When the city manager determines that a user(s) is contributing to the POTW any of the above
enumerated substances in such amounts as to interfere with the operation of the POTW, the city
manager shall:
c. Take appropriate enforcement action as proscribed in Section 44-104.
The above reference to section 44-104 should be to section 44-105.
O Change as noted
Sec. 44-103. Fees: page 2829
FEE STRUCTURE
a. Beginning August 1, 1994, a general pretreatment administration fee shall be assessed each
wastewater discharge permit holder for wastewater discharged into the POTW in the following
amounts;
Flow/Day Chaim
0 - 200,000 gallons $.018/Ccf
2000,000 - 1,000,000 gallons .005/Ccf
Over 1,000,000 gallons 0
b. Surveillance monitoring and sample fees shall be assessed each wastewater discharge permit
holder in the amount of three dollars ($3.00) for each sample collected.
c. Laboratory testing fees shall be assessed on actual expenses incurred for each parameter
tested in-house; and actual expenses incurred plus ten percent (10%) for each parameter
tested by outside laboratories.
d. Fees for investigating incidents of program noncompliance or accidental spills shall be based
on time actually expended at thirty five dollars ($35.00) per hour.
e. A wastewater discharge permit application fee shall be assessed each request for a wastewater
discharge permit in the amount of one hundred dollars ($100.00). Wastewater discharge
permit application renewals shall be assessed each request in the amount of fifty dollars
($50.00). An additional fee of one hundred dollars ($100.00) per month shall be assessed
for each month past the due date of permit renewal.
f. An appeal filing fee of two hundred fifty dollars ($250.00) shall be assessed at the time of
appeal.
Are these fees and rates current?
O Yes
O Change to read
Sec. 44-104. Administration: page 2830
Users required to obtain a wastewater discharge permit shall complete and file with the City
Manager an application in the form prescribed by the City and accompanied by a fee of one
hundred dollars ($100.00). Existing users shall apply for a wastewater discharge permit
within ninety (90) consecutive days after the effective date of this Division, and proposed new
users shall apply at least ninety (90) consecutive calendar days prior to connecting to or
contributing to the POTW. In support of the application, the user shall submit, in units and terms
appropriate for evaluation, the following information:
Is this fee current?
O Yes
O Change to read
(g) Reporting requirements for permittee compliance date report. page 2832
(2) The city manager may impose mass limitations on users which are using dilution to meet
applicable pretreatment standards or requirements, or in other cases where the imposition of
mass limitations are appropriate. In such cases, the report required by this section of the division
shall include the mass of pollutants regulated by pretreatment standards in the effluent of the
user. These reports shall contain the results of sampling and analysis of the discharge, including
the flow and the nature and concentration, or production and mass where requested by the city
manager, of pollutants contained therein which are limited by the applicable pretreatment
standards. The frequency of monitoring shall be prescribed in the applicable pretreatment
standard. Al) analysis and sampling shall be performed in accordance with procedures established
by the administrator pursuant to section 304(g) of the Act and contained in 40 CFR, Part 136 and
amendments thereto or with any other test procedures approved by the administrator. Sampling
shall be performed in accordance with the techniques approved by the administrator. Where 40
CFR, Part 136 does not include a sampling or analytical technique for the pollutant in question,
sampling and analysis shall be performed in accordance with the procedures set forth in the EPA
publication, Sampling and Analytical Procedures for Screening of Industrial Effluents
for Priority Pollutants, April, 1977, and amendments thereto, or with any other sampling and
analytical procedures approved by the administrator.
Is this a current publicatbn?
O Yes
O Change to read
11
page 2834
(m) Publication of industrial users in significant noncompliance. The city shall publish at least
annually, in the largest daily newspaper published in the municipality, a list of the industrial users
which, at any time during the previous twelve (12) months, were in significant noncompliance
with applicable pretreatment standards and requirements. The term significant noncompliance
shall mean:
(1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six
(66) percent or more of the wastewater measurements taken during a six-month period exceed
the daily maximum limit or average limit for the same pollutant parameter by any amount;
(2) Technical review criteria (TRC) violations, defined here as those in which thirty-three (33)
percent or more of wastewater measurements taken for each pollutant parameter during a six-
month period equals or exceeds the product of the daily maximum limit or the average limit
multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and L2 for all other
pollutants except pH);
Are the above percentages current?
0 Yes
O Change to read
ARTICLE III. WATER
Division 1. Generally
Throughout this at -Ude, references are found to the water department and superintendent of the
water department. Should these be changed? We did not set out those provisions where same is
found, so mark below if you want us to change the references.
O Leave as is
O Change water department to
O Change superintendent of the water department to
Sec. 44-135. Fire Lines: page 2835
(f) City lines not to be connected with private systems, exceptions. All fire protection systems
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
water superintendent, and no auxiliary or secondary suction pipe to any fire pump taking water
from any other source will be permitted. Where such connection or duplicate system existed on
February 2, 1959, the water department superintendent 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.
Review these provisions with sections 44-210.1(b) and 44-210(4). Does this conflict in any way
with those provisions?
CI No
O Change to read
F
Sec. 44-154. Service, Material; Method Of Laying: page 2838
(a) Copper pipe used in service connections shall be cold drawn seamless tubing with a proper
bending temper so that a full section shall withstand being bent cold through one hundred eighty
(180) degrees without cracking on the outside of the bent portion around a pin the diameter of
which is one and one-half (1 1/2) times the inside diameter of the copper pipe. The purity of the
copper used shall be at least ninety-nine and nine -tenths (99.9) percent, and shall have a tensile
strength of thirty thousand (30,000) pounds per square inch with a minimum elongation of one
inch in four (4) inches. The minimum weights and thicknesses of copper service pipe per foot
length shall be as follows: three-fourths (3/4) inch, weight of sixty-four one -hundredths (0.64)
lbs., thickness sixty-five one -thousandths (0.065) inches; one inch, weight eight hundred thirty-
eight one -thousandths (0.838) lbs., thickness sixty-five one -thousandths (0.065) inches, one and
three-fourths (1 3/4) inches, weight one and thirty-six one -thousandths (1.036) lbs., thickness
sixty-five one -thousandths (0.065) inches; one and one-half (1 1/2) inches, weight one and three
hundred sixty one -thousandths (1.360) lbs., thickness seventy-two one -thousandths (0.072)
inches; two (2) inches, weight two and sixty-two one -thousandths (2.062) lbs., thickness eighty-
three one -thousandths (0.083) inches; two and one-half (2 1/2) inches, weight two and ninety-
two one -hundredths (2.92) lbs., thickness ninety-five one -thousandths (0.095) inches. Federal
specifications -Type K Copper.
(b) All cast-iron services to be laid from the street main to the inside of the building line shall be
in accordance with A.S.A. Specifications A 21.8, 21.6 or equal as approved by the city manager.
(c) Pipe shall be furnished in Class 200 for two hundred (200) psi operating pressure, five (5)
foot cover, trench condition "B."
(d) Pipe shall be tar coated outside and enamel lined inside. (1976 Code, § 36-122)
Nate that the specifications contained in this section have not been changed for several years.
Are these specifications current?
O Yes
O Change to read
Sec. 44-155. Minimum Size Of Service Pipe: page 2838
No water service pipe from the main to any building shall be less than three-fourths (3/4) inch
size. (1976 Code, § 36-123)
Is this minimum size requirement current?
O Yes
O Change to read
Sec. 44-160. Curb Cock: page 2839
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 A.W.W.A. 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 (12) inches 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. (1976 Code, § 36-128)
Again, these provisions have not been amended. Are they current?
O Yes
O Change to read
Division 3. Meters
Sec. 44-184. Outside Remote Readers: page 2841
(c) 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.
Is this fee current?
O Yes
O Change to read
Division 4. Rates pages 2842, 2843, 2844
As your rates were new as of July 2000, we assume they are current. They are found on page
2843 of your code. If not current, please advise.
O They are current
O Change to read
Sec. 44-204. Payment Of Bills: page 2844
(c) If a bill remains unpaid thirty (30) days after the billing date, there shall be added to the bill a
penalty of five percent (5%) of the total utility bill for late payment. (1976 Code, § 36464)
Are the penalty provisions of this section current?
O Yes
O Change to read
Division 5. Cross -Connection Control
Sec. 44-209. Customer Responsibilities: page 2846.1
(d) In the event of a backflow incident, the customer shall immediately notify the Dubuque Water
Department and the Dubuque Building Department of the incident and take immediate action to
confine the contamination or pollution. (Ord. 60-97, § 1, 10-20-1997)
Are references to the water department and building department above correct?
a Yes
a Change to read
Sec. 44-210.5. Installation Of Backflow Prevention Assemblies: page 2846.2
(j) All shut-off valves shall conform to the current edition of the Manual of Cross -Connection
Control (University of Southern California) requirements for either ball or resilient seat gate
valves at the time of installation. Ball valves shall be used on assemblies installed in piping two
inches (2") and smaller and resilient gate valves on assemblies installed in piping larger than two
inches (2"). (Ord. 60-97, § 1, 10-20-1997)
Do the above provisions comply with the provisions found in section 44-162 relating to gates on
large services? See page 2839.
O Yes
O Change to read
Sec. 44-212. Fees: page 2846.4
The City Manager is hereby directed to establish a permit fee for new installations and a fee for
annual inspections of backflow prevention devices, which fee shall be fair and reasonable
considering the current cost of material and labor. The minimum permit and inspection fee shall
be twenty five dollars ($25.00). (Ord. 60-97, § 1, 10-20-1997)
Is this fee current?
O Yes
O Change to read
ARTICLE IV. CABLE TELEVISION
Division 1. Community Tele -Programming Commission
Sec. 44-217. Established; Purposes And Duties: page 2846.5
(a) The City Council hereby establishes a commission to be known as the Community Tele -
Programming Commission, and which shall continue to exist at the pleasure of the Council.
Is this a current commission of the City?
O Yes
O Change to read
Sec. 44-218. Membership; Terms; Officers: page 2846.6
(a) The Commission shall consist of seven (7) members appointed by the City Council. In its
appointments, the Council shall endeavor to achieve a broad representation of the
subcommunities and public interests which can take advantage of dedicated channels to benefit
the residents of Dubuque. The Council shall appoint only residents of the City and shall give
preference to applicants who are actively interested in promoting community cable programming
who possess, or are wilting to acquire, video production background, and who will relate to the
spectrum of informational and cultural needs of cable viewers of Dubuque.
15 the number of commissioners current?
O Yes
O Change to read
Sec. 44-219. Meetings; Procedures: page 2846.6
(a) The members shall meet as needed to conduct the business of the Commission, but not less
frequently than once each calendar quarter. A quorum of five (5) members shall be required for
members to conduct the business of the Commission. All meetings and proceedings of the
Commission shall conform with applicable open meeting requirements.
Are these meeting times current?
CI Yes
O Change to read
Division 2. Cable Regulatory Commission page 2846.6
Is this a current commission of the City?
O Yes
O Change to read
Sec. 44-233. Membership; Terms; Officers: page 2846.7
(a) The Commission shall consist of five (5) members appointed by the City Council. In its
appointments the Council shall endeavor to develop a Commission versed and competent in
telecommunication administration, finances and regulation. The Council shall appoint only
residents of the City and shall attempt to give preference to applicants who possess professional
or experiential backgrounds in law, finances, administration, public relations, or
telecommunication technologies. The Cable Franchise Administrator and anyone who is an
owner, shareholder, employee, or agent of the City's cable franchise holder shall be ineligible to
serve as a member of the Commission.
Are the number of members, and the residency requirements current?
O Yes
O Change to read
Sec. 44-234. Meetings; Procedures: page 2847
(a) The members shall meet as needed to conduct the business of the Commission, but not less
frequently than once each calendar quarter. A quorum of three (3) members shall be required for
members to conduct their business. All meetings and proceedings of the commission shall
conform with applicable open meeting requirements.
Are these meeting requirements current?
D Yes
D Change to read
Division 3. Rates
Sec. 44-243. Subscriber Payments: page 2848
(b) Basic and pay television subscribers shall be offered an annual rate which shall be eleven (11)
times the monthly rate for twelve (12) months of service.
(c) The cable company may require an advance payment for an installation, connection or
reconnection charge, but no earlier than twenty (20) days before the scheduled service. If a
scheduled service for which an advance payment was due and timely paid, is delayed, the
advance payment shall be discounted one percent for each fourteen (14) days, or part thereof,
the scheduled service is delayed. A deposit equivalent to one month's service rate may be
charged only for a subscriber seeking cable service for the first time in this system, or for a
subscriber who has been disconnected for nonpayment. The deposit shall be applied to the third
month's billing or refunded earlier.
Are these rates current?
CI Yes
CI Change to read
Sec. 44-244. Refunds For Cancellations: page 2849
(a) If any subscriber cancels any monthly service during the first twelve (12) months of said
service because of the failure of the cable company to render the service in accordance with the
standards set forth in this franchise ordinance or advertised by the cable company, on application
of the subscriber and, if requested, approval of the local regulatory agent, the cable company
shall refund to the subscriber an amount equal to the installation, connection or reconnection
charge paid by the subscriber multiplied by the fraction of the twelve-month period for which the
subscriber will not be receiving service. A similar portion of any advance payment shall be
refunded.
(b) If a subscriber cancels, for personal reasons, any monthly service prior to the end of a
prepaid period„ a pro rata portion of the prepaid service, using the number of days as a basis,
shall be refunded to the subscriber by the cable company. (1976 Code, § 36-182)
Are the provisions of this section current?
o Yes
O Change to read
Sec. 44-245. Monthly Subscriber Rates And Charges: pages 2849, 2850, 2851
We have put this section 117 a somewhat different format than appears in your code in order to
dearly see the fees set out in this section.
0 Comment
(a) Single residential unit, basic service:
Installation charge
Operator -owned converter, monthly
Subscriber -owner converter
(b) Multiple dwelling unit (per unit billing), basic service:
Installation charge
Operator -owned converter, monthly
Subscriber -owned converter, monthly
$24.95
11.52
11.52
24.95
11.52
11.52
(c) Institutional dwelling (hospitals, health care centers. Statement must go to a single billing
address and for no less than six (6) units per building):
Installation charge
Operator -owned converter, monthly
Subscriber -owned converter, monthly
lime needed and materials
6.65
3.91
Rate is for one outlet and one nonaddressable converter in each room, suite or common area
for residents. No other basic service or rate shall be available to the institution except for the
rate established for educational or public building usage.
(d) Institutional dwelling (hotels, motels, dormitories. Statement must go to a single billing
address and for no less than six (6) units per building):
Installation charge Time needed and materials
Operator -owned converter, monthly 8.03
Subscriber -owned, monthly 4.12
Rate is for one outlet and one nonaddressable converter in each room, suite or common area
for residents. No other basic service or rate shall be available to the institution except for the
rate established for educational or public building usage.
(e) Institutional dwelling (condominiums, apartments. Statement must go to a single billing
address and for no less than six (6) units per building):
Installation charge lime and materials
Operator -owned converter, monthly 9,43
Subscriber -owned converter, monthly 9.43
Each condominium or apartment to receive two (2) outlets and one nonaddressable
converter.
(f) Senior citizen rate (subscribers must provide proof that they are over sixty-five (65) years of
age and head of household), basic service:
Installation charge 24.95.
Operator -owned converter, monthly 10.36
Subscriber -owned converter, monthly 10.36
(g) Contract rate (available only to subscribers who have a valid "life -time" contract), basic
service:
Installation charge 24.95
Operator -owned converter, monthly 10.02
Subscriber -owned converter, monthly 10.02
(h) Educational and public building unit, basic service:
Installation charge
Operator -owned converter, monthly
Subscriber -owned converter, monthly
(i) Commercial unit:
(1) Radio and TV sales and service for each establishment:
Installation charge
Modified basic service including one outlet and
one nonaddressable converter
Time and materials
No charge
No charge
Time and materials
11.52
User may add as many additional outlets as needed using their equipment; providing,
however, such equipment shall be cable compatible and shall not create interference to the
cable system or its subscribers.
(2) All other basic service:
Installation charge
Operator -owned converter, monthly
Subscriber -owned converter, monthly
Time and materials
11.52
11.52
(j) Rate for basic service includes two (2) outlets and one nonaddressable converter.
(k) Additional outlet -Basic service includes two (2) outlets
If one is not already installed, installation charge 25.00
Additional outlets, per month per outlet 1.50
(1) Converter service
Basic service includes one nonaddressable converter
Each additional nonaddressable converter, each
Nonaddressable converter included in basic service replaced
with an addressable converter, per month
For each additional addressable converter, per month
(m) Connection charge (computer billing):
Surviving spouse or name change by operation of law
All others
3.00
2.00
4.00
No charge
5.00
(n) Reconnection charge (includes all services disconnected) 15.00
(o) Collection charge (includes at -residence collection after notice
to subscriber of time) 10.00
(p) Remote control option with converter, per month 1.00
(q) Additional outlet, per month 1.50
(r) Prewiring maximum charge Time and materials
(s) Antenna switching equipment installation 15.00
(t) Bad or returned check charge 10.00
(u) Fire or burglar alarm service:
Wiring and supplies
Monthly rate
(v) Interactive service:
Installation charge
Equipment cost
Monthly rate
(w) Pay television service:
Showtime:
Installation charge
Monthly rate
Home Box Office:
Installation charge
Monthly rate
Cinemax:
Installation charge
Monthly rate
Home theater network plus:
Installation charge
Monthly rate
Time and materials
14.95
24.95
3.00
5.00
24.95
9.95
24.95
9.95
24.95
9.95
24.95
6.95
Second and third pay services shall be discounted $2.00 each. Discount does not apply to
home theater network plus.
(x) Monthly charge for pay television service on additional outlet
(same service must be on the primary outlet) 4.00
(y) Separate installation, connection or reconnection charges shall not be assessed when multiple
services are simultaneously installed, connected or reconnected on one customer service order.
(z) Institutional resale -An institution making direct charges for cable service to individual
residents or users may not charge more than the institution has paid for the cable service. (1976
Code, § 36-183)
As these rates have not been amended for some time, please review them. Are they current?
O Yes
O Change as marked
CHAPTER 45
VEGETATION
ARTICLE II. TREES
Division 1. Generally
Sec. 45-17. Street Tree And Landscaping On Public Right -Of -Way Policy: page 2903
The city manager shall develop, with the approval of the city council, a written street tree and
landscaping on public right-of-way policy which shall govern the planting, maintenance and
removal of trees and shrubs in the public right-of-way. (Code 1976, § 37-17)
Are the provisions of this section current?
O Yes
O Change to read
Sec. 45-27. Same -Issuance; Fee; Renewal: page 2903
The license required by Section 45-26 shall be issued by the park board upon payment of a fee of
twenty-five dollars ($25.00) and shall be renewed annually at the same fee. (Code 1976, § 37-
24)
Is the reference to the park board in this section and throughout this chapter correct?
O Yes
O Change to read
Is this fee current?
O Yes
O Change to read
Sec. 45-28. Liability Insurance Required: page 2903
Any person, before engaging in the business or occupation of removing, cutting or trimming trees
in the city shall deposit with the city clerk a policy of liability insurance with a reliable stock
company authorized to do business in the state, with limits of twenty-five thousand dollars
($25,000.00) for death or injury to each person and with limits of fifty thousand dollars
($50,000.00) for each occurrence, and with limits in the amount of ten thousand dollars
($10,000.00) for property damage other than that of the person thus insured. (Code 1976, § 37-
25)
Are these insurance amounts adequate?
O Yes
O Change to read
Division 3. Dutch Elm Disease
Sec. 45-38. Park Boards' Authority Re Inspection, Removal; Notice To Owner To Remove;
Removal Upon Owner's Failure; Collection Of Costs: page 2904
(b) If upon such inspection the park board determines that such tree is infected with either of
said diseases, the park board shall, if the tree is in any public street, ground or place within this
city, immediately remove and burn the same in such manner as to prevent as fully as possible
the spread of such disease. If such infected tree is located on private property, the park board
shall immediately serve upon the owner, occupant or person in charge of such property a written
notice that such tree is so infected and that the same must be removed and burned under the
supervision of the park board within fifteen (15) days of the service of such notice.
Is the reference to burning current? See section 19-9 relating to burning restrictions within the
city.
11 Leave as is
O Change to read
Sec. 45-39. Further Testing: page 2904
If upon the inspection by the park board of any tree within this city reported or supposed to be
infected as aforesaid, it is impossible to determine with certainty the existence of either of said
diseases in such tree, it is hereby determined that in such event specimens from said tree shall
be forwarded for complete examination, diagnosis and report to the city health department,
milk inspection division or to Iowa Tree Consulting Service, Des Moines, Iowa, and the
action of the park board under this article shall await and be determined by the report received
from such examination and diagnosis. The cost of such examination, diagnosis and report shall
be paid by the property owner, occupant or person in charge of the property upon which such
tree or trees are situated. (Code 1976, § 37-36)
Are the above references current?
O Yes
O Change to read
Sec. 45-40. Permit To Transport Diseased Trees, Etc., Through City: page 2904
(b) All commercial and profession& arborists shall upon removal of any dead, diseased, infected
or infested trees, vines, hedges, plants, logs and branches obtain a permit from the park board to
carry or transport such trees, vines, hedges, plants, logs or branches to an approved and
designated disposal area as directed by the park board. The fee for such permit shall be fifty
cents ($.50) per load. (Code 1976, § 37-37)
Is this fee current?
O Yes
O Change to read