Ordinance 3-07ORDINANCE NO. 3- 07
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 JANUARY 16, 2007, 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.
Whereas, pursuant to Ordinance No. 55-76 adopted November 1, 1976, after a
duly convened public hearing, the City Council of the City of Dubuque, Iowa, adopted a
Code of Ordinances with an effective date of December 3, 1976, as provided in Section
380.8 of the Iowa Code; and
Whereas, Section 380.8 of the Iowa Code provides that at least once every five
years, a City shall compile a set of Ordinances to be adopted by an ordinance; and
Whereas, pursuant to Ordinance No. 63-81, adopted November 6, 1981, the City
Council of the City of Dubuque, Iowa, readopted the said Code of Ordinances with an
effective date of December 3, 1981, as provided in Section 380.8 of the Iowa Code; and
Whereas, pursuant to Ordinance No. 93-86, adopted November 3, 1986, the City
Council of the City of Dubuque, Iowa, readopted the said Code of Ordinances, with an
effective date of November 17, 1986, as provided in Section 380.8 of the Iowa Code;
and
Whereas, pursuant to Ordinance No. 34-89, adopted July 17, 1989, the City
Council of the City of Dubuque, Iowa readopted the said Code of Ordinances, with an
effective date of July 20, 1989 as provided in Section 380.8 of the Iowa Code; and
Whereas, pursuant to Ordinance No. 68-94, adopted November 7, 1994, the City
Council of the City of Dubuque, Iowa, readopted the said Code of Ordinances, with an
effective date of November 14, 1994, as provided in Section 380.8 of the Iowa Code;
and
Whereas, pursuant to Ordinance No. 92-99, adopted October 18, 1999, the City
Council of the City of Dubuque, Iowa, readopted the said Code of Ordinances, with an
effective date of October 26, 1999, as provided in Section 380.8 of the Iowa Code; and
Whereas, the City Council has determined that the Code of Ordinances should
be re -adopted, as edited and compiled, as provided in Section 380.8 of the Iowa Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Code of Ordinances Readopted. That the proposed Code of
Ordinances of the City of Dubuque, Iowa printed by Sterling Codifiers, Inc., Coeur
d'Alene, Idaho, heretofore filed in the Office of the City Clerk of the City of Dubuque,
Iowa, consisting of Chapters 1 through 46, with Appendix A, Appendix B, Appendix C,
and Appendix D and including references to codes adopted by reference, a printed copy
of which is attached hereto and incorporated herein by reference the same as if set out
herein, is hereby adopted as the "Code of Ordinances, City of Dubuque, Iowa".
Section 2. Ordinances Repealed. That all ordinances of the City of Dubuque,
Iowa, of a general and permanent nature, enacted before January 16, 2007, and not
contained in said Code or recognized and continued in force by reference therein are
hereby repealed from and after the effective date of said Code, except as hereinafter
provided.
Section 3. Effect of Repeal; Ordinances Saved. That the repeal provided for in
Section 2 hereof shall not affect any of the following:
(a) Any offense or act committed or any penalty or forfeiture incurred or any
contract or right established or accruing before the effective date of said Code;
(b) Any ordinance promising or guaranteeing the payment of money to or
from the City, or authorizing the issuance of any bonds or other evidence of
indebtedness;
(c) Any appropriation or budget ordinance;
(d) Any ordinance establishing the compensation of any City officer or
employee;
(e) Any contract or obligation assumed by the City;
(f) Any ordinance relating to the purchase, condemnation, acquisition or
dedication of property for public use;
(g) Any ordinance dedicating, establishing, opening, reopening, naming,
renaming, widening, narrowing or vacating any street, boulevard, avenue, alley or other
public way, including rights-of-way;
(h) Any ordinance, establishing or changing the grade of any street, avenue,
boulevard, traffic way or other public way;
(i) Any ordinance authorizing, directing or otherwise relating to any public
improvements;
Q) Any ordinance establishing or changing the limits of the City or pertaining
to consolidations, annexations or exclusions;
(k) Any ordinance levying general or special taxes or special assessments;
(I) Any ordinance granting pensions for retired officers and employees;
(m) Any ordinance granting any right, privilege, easement or franchise to any
person, firm or corporation;
(n) Any zoning ordinance, or amendment of the City's zoning map;
(o) Any ordinance prescribing traffic regulations for specific streets or areas,
such as ordinances designating one-way streets, arterial highways, through streets,
stop intersections or intersections where traffic is to be controlled by signals, and
ordinances prohibiting restriction, limiting or otherwise regulating the stopping, standing
or parking of vehicles on specific streets or in specific areas;
(p) Any ordinance establishing rates and charges for, or fees for connection to
any utility service, not inconsistent with this Code;
(q) Any ordinance which, by its own terms, expires after a specified time, or
on the prescribed date;
(r) Any ordinance enacted on or after May 2, 2005
(s) The appointment of any board or commission member serving on the date
of this Ordinance.
The above enumeration of exceptions shall not be held or deemed to be exclusive, it
being the purpose and intention of this ordinance to exclude from repeal any and all
ordinances not of a general nature.
Section 4. Severability of Provisions. That each chapter, and any and all subdivisions of
said Code hereby readopted, is independent of every other chapter and subdivision
thereof, and the invalidity of any other chapter or subdivision thereof, shall not invalidate
any other chapter or subdivision thereof.
Section 5. Official Copy. That the City Clerk shall attach to the official copy of the Code
of Ordinances hereby readopted and attached hereto, the City Clerk's official certificate
showing readoption and the effective date thereof, and shall retain the said copy and
certificate on file in this office where copies of the same shall be subject to public
inspection and for sale to the public.
Section 6. Amendments. That any additions or amendments to this Code when passed
as ordinances amending this Code and which indicate the intention of the Council to
make the same a part hereof shall be deemed to be incorporated in this Code so that a
reference to the Code of Ordinances, City of Dubuque, Iowa, shall be understood to
include them.
Section 7. Distribution of Copies. That all printed copies of the Code shall be deposited
with the City Clerk for distribution. The City Clerk may sell printed or electronic media
format (CD -Rom) copies of said Code at the cost established by the City Clerk.
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 as established by the City Manager. 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.
Section 9. Effective date. That this ordinance consisting of Sections 1 through 9,
inclusive, readopting the proposed Code of Ordinances of the City of Dubuque, Iowa,
heretofore filed in the Office of the City Clerk of the City of Dubuque, Iowa, consisting of
Chapters 1 through 46, with Appendix A, Appendix B, Appendix C, and Appendix D and
including codes adopted by reference and all subdivisions, of the same, the same being
designated as the "Code of Ordinances, City of Dubuque, Iowa", is in full force and
effect from and after the passage and publication of this ordinance, according to law,
and the "Code of Ordinances, City of Dubuque, Iowa", shall be in full force and effect
from and after the publication of this Ordinance.
Passed, approved and adopted this 16th day of January, 2007.
/s/Roy D. Buol, Mayor
Attest:
/s/Jeanne F. Schneider, CMC
City Clerk
Published officially in the Telegraph Herald Newspaper the 22nd day of January, 2007.
/s/Jeanne F. Schneider, CMC
City Clerk
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