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Code of Ordinances - Adoption of Supplement No. 26Copyrighted September 18, 2017 City of Dubuque Consent Items # 10. ITEM TITLE: Code of Ordinances - Adoption of Supplement No. 26 SUMMARY: City Clerk recommending adoption of Supplement No. 26 to the City of Dubuque Code of Ordinances. RESOLUTION Adopting Supplement No. 26 to the Code of Ordinances of the City of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Code Supplement 26 Staff Memo Staff Memo Code Supplement 26 Resolution Resolutions Code Supplement 26 Supporting Documentation THE CITY OF DUB Masterpiece on the Mississippi TO: Honorable Mayor and City Council Members FROM: Kevin S. Firnstahl, City Clerk SUBJECT: Adoption of Supplement No. 22 to the Code of Ordinances DATE: September 13, 2016 INTRODUCTION Dubuque 2007 • 2012 • 2013 The purpose of this memorandum is to submit to City Council a resolution adopting Supplement No. 26 to the Code of Ordinances of the City of Dubuque. DISCUSSION The attached resolution provides for the adoption of Supplement No. 26 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos.17-17, 23-17, 24-17, 27-17 through 34-17 and 36-17 as adopted by the City Council through August 2017. Supplements to the Code of Ordinances are prepared by Sterling Codifiers, Inc., of Coeur d'Alene, Idaho. ACTION STEP The requested action is for the City Council to pass the resolution adopting Supplement No. 26 as a part of the Code of Ordinances of the City of Dubuque. /ksf Prepared by Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 Return to: Kevin Firnstahl, City Clerk. Address: City Hall- 50 W. 13th St Telephone: 589-4121 RESOLUTION NO. 319-17 ADOPTING SUPPLEMENT NO. 26 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 26 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 17-17, 23-17, 24-17, 27-17 through 34-17 and 36-17 as adopted by the City Council through August 2017, prepared by the Sterling Codifiers, Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 18th day of September 20,E 7. Attest: Key 'n% . `Firnstali(, Cit Clerk LI Roy D. Buol, Mayor STERLING CODIFIERS INSTRUCTION SHEET:. REMOVE PAGE HEADED 3906 Schreiber Way Coeur d'Alene, ID 83815 (208) 665-7193 DUBUQUE, Iowa,. Supplement No.. 26/August, 2017 Includes Ordinances: 17-17; 23-17, 24-17, 27-17, 28-17, 29-17, 30-17, 31-17, 32-17, 33-17,.34-17 and 36-17 REC. E i ,QED - '17 SEP '5 AM 9: 42 VOLUME 1 Preface TABLE OF CONTENTS: Table Of Contents, Title 1, Administration and following two pages TITLE 1: 1-6A-3, 1-6A-3: Types Of Meetings and following page TITLE 6; 6-4-1, Chapter 4, Nuisances and following page TITLE 7: Title 7, Police, Fire And Public -Safety 7-5A-1, Chapter 5, Article A. General 7-5A-7, b, Has a gang affiliation; or and following four pages 7-5A-16, 6. Compliance With State And Local 7-6B-1, Chapter 6, Article B. Dogs And Cats and following twelve pages TITLE 9: 9-7, Chapter 7, Operation and following page 9-14-321.721, Block Face; Shall refer to all and following three pages TITLE 10: 10-5B-1, Chapter 5, Article B. Use Regulations and following six pages 10-5C-1, the subdivision of Lot 1 of 1 of 1 of and following page 10-7-1, Chapter 7, Boats, Boating And and following two pages INSERT NEW PAGE HEADED Preface Table Of Contents, Title 1, Administration and following two pages 1-6A-3, 1-6A-3: Types Of Meetings and following page' 6-4-1, Chapter 4, Nuisances and following page Title 7, Police, Fire And Public Safety 7-5A-1, Chapter 5, Article A. General 7-5A-7, b. Has a gang affiliation; or and following three pages 7-5A-16, 6. Compliance With State And Local 7-6B-1, Chapter 6, Article B. Dogs And Cats and following fifteen pages 9-7, Chapter 7, Operation and following two pages 9-14-321.721, Block Face: All the properties and following three pages 10-5B-1, Chapter 5, Article B. Use Regulations and following seven pages 10-5C-1, the subdivision of Lot 1 of 1 of 1 of and following page 10-7-1, Chapter 7, Boats, Boating And and following two pages REMOVE PAGE HEADED INSERT NEW PAGE HEADED TABLE OF CONTENTS: Table Of Contents, Title 1, Administration and following two pages TITLE 13: 13-6A-1, Chapter 6, Article A. City Or Private and following page TITLE 14: 14-1A-6, f. Two (2) representatives must have and following page 14-1D-3, 4. Attendance 14-1F-4, B. Membership: The e mechanical and following page 14.-1 H-7, b. Five (5)members who possess and following page 14-1J-2, 6. Licensed Rental Units 14-1 J-7, H. Limitations On Authority (Board and following page 14-4-1, Chapter 4, Licensing Of -Vacant 14-4-1, G. Open to vagrants, van'dals, children INDEX: TA-, Airport (cont.) and following two pages -M-, Motor Vehicles And Traffic..., Obedience -0-, Offenses and following two pages Table Of Contents, Title 1, Administration and following two pages 13-6A-1, Chapter 6, Article A. City Or Private and following two pages 14-1A-6, f. Two (2) representatives must have and following page 14-1D-3, 4. Attendance. 14-1F-4, B. Membership: The Mechanical and following page 14-1H-7, b. Five (5) members who possess and following page 14-1J-2,; 6 Licensed Rental Units and following page 14-1J-7, H. Limitations On Authority (Board and following page 14-4-1, Chapter 4, Licensing Of Vacant 14-4-1, G Open to Vagrants, vandals, children -A-, Airport (Cont.) and following two pages -M-, Motor Vehicles And Traffic..., Obedience -0-, Offenses and following two pages PREFACE This City Code of the City of Dubuque, as supple- mented, contains ordinances up to and including ordinance 36-17, passed July 17, 2017. Ordi- nances of the City adopted after said ordinance supersede the provisions of this City Code to the extent that they are in conflict or inconsistent therewith. Consult the City office in order to ascertain whether any particular provision of the Code has been amended, superseded or repealed. Sterling Codifiers Coeur d'Alene, Idaho August 2017 City of Dubuque TABLE OF CONTENTS TITLE 1 Administration Dubuque City Code 1 Saving Clause 2 Definitions 3 General Penalty 4 Charter 5 Mayor And City Council 6 Rules And Procedure 6A City Officers And Employees 7 Elections, Precincts And Wards 8 Evidentiary Hearings By City Council 9 Miscellaneous Administrative Provisions 10 Emergency Succession During Disaster 11 TITLE 2 Boards And Commissions Hearings And Appeals 1 Civil Service Commission 2 Investment Oversight Advisory Commission 3 Civic Center Advisory Commission 4 Housing Agency And Community Development Commissions 5 Municipal Housing Agency And Governing Board (Rep. by Ord. 26-09, 6-1-2009) 5A Housing Commission 5B Community Development Advisory Commission 5C Trust Fund Advisory Committee 5D Resilient Community Advisory Commission 6 Board Of Library Trustees 7 Arts And Cultural Affairs Advisory Commission 8 Sister City Relationships Advisory Commission 9 Safe Community Advisory Committee (Rep. by Ord. 65-12, 12-17-2012) 10 Cable Television Commission 11 TITLE 3 Revenue And Taxation Property Tax 1 Revitalization Areas 2 Hotel And Motel Tax 3 Economic Development 4 Industrial Projects 4A Enterprise Zone Commission (Rep. by Ord. 43-14, 6-7-2014) 4B Speculative Shell Buildings Of Community Development Organizations And For Profit Entities 4C Residential Relocation Assistance Program 4D TITLE 4 Business And License Regulations Business Licenses Generally 1 Liquor Control 2 Alcoholic Beverages 2A Liquor, Beer And Wine Licenses And Permits 2B Excursion Boat Admission Fees 3 Central Market 4 Solicitor's License 5 Pawnbrokers And Secondhand Dealers; Junk And Auto Salvage Dealers 6 Pawnbrokers And Second- hand Dealers 6A Junk Dealers And Auto Salvage Dealers 6B August 2017 City of Dubuque TITLE 4 (cont.) Vehicles For Hire And Public Transportation Nonmotorized Vehicles Motorized Vehicles For Hire .. Adult Entertainment Establish- ments Offenses 5 General Offenses 5A Drug Paraphernalia 5B 7 Crime Property 5C 7A Parental Responsibility 5D 7B Social Host Responsibility 5E Animal Control 6 8 Miscellaneous Provisions 6A Dogs And Cats 6B Rabies Control 6C Dangerous Animals 6D Potentially Vicious Dogs 6E Vicious Dogs And Cats 6F Bicycles 7 TITLE 5 Transit System Transit Advisory Board 1 TITLE 6 Health, Housing, Sanitation And Environment Health And Safety Regulations .. 1 Food Establishments And Hotel Sanitation 2 Ambulances 3 Nuisances 4 Noises 5 Housing Regulations (Rep. by Ord. 8-16, 4-4-2016, eff. 7-1-2016) 6 Hazardous Waste, Substances And Conditions 7 Trees And Weeds 8 Fire Prevention Regulations 9 TITLE 7 Police, Fire And Public Safety Police Department 1 Fire Department 2 Emergency Management 3 Alarm System Permits 4 August 2017 TITLE 8 Human Rights Definitions; General Provisions 1 Human Rights Commission 2 Unfair And Discriminatory Practices 3 Disability Discrimination 3A Enforcement Of Civil Rights 4 Fair Housing 5 TITLE 9 Motor Vehicles And Traffic General Provisions 1 Registration, Certification Of Title, And Proof Of Security Against Financial Liability 2 Special Antitheft Law 3 Drivers' Licenses 4 Obedience To And Effect Of Traffic Laws 5 Powers Of Local Authorities 6 Operation 7 Pedestrians' Rights And Duties 8 Special Stops Required 9 City of Dubuque TITLE 9 (cont) Miscellaneous Rules 10 School Buses 11 Equipment 12 Size, Weight And Load 13 Parking 14 Impoundment Of Vehicles 15 Miscellaneous City Provisions 16 TITLE 10 Public Ways And Property Streets, Sidewalks And Other Public Places 1 Excavations 2 Encroachments On Public Places 3 Waste Collection Receptacles 3A Newsracks 3B Projecting Signs 3C Other Encroachments 3D Sidewalk Cafes 3E Mailboxes 3F Parades, Assemblies And Special Events 4 Parks And Recreation 5 Administration 5A Use Regulations 5B Specific Parks, Open Spaces And Trails 5C Railroads 6 Boats, Boating And Waterfront Structures 7 Valet Drop Off Parking; Permit Requirements 8 TITLE 11 Rights -Of -Way Nonfranchised Communications Systems 1 Cable Right -Of -Way Regulations 2 Cable Communications 2A Open Video Systems 2B Cable Television 3 Cable Franchise Agreement .. 3A Community Teleprogramming Commission (Rep. by Ord. 5-12, 2-6-2012) 3B Cable Regulatory Commission (Rep. by Ord. 5-12, 2-6-2012) 3C Rates And General Regulations 3D Cable Services Customer Service Standards 3E Gas Franchise 4 Electric Franchises 5 Interstate Power And Light Company 5A Maquoketa Valley Electric Cooperative 5B Procedure For Licensing Electric Transmission Line Companies 6 TITLE 12 Airport Administration And Enforcement 1 General Regulations 2 Airport Zoning Regulations 3 Airport Commission 4 Airport Zoning Commission 5 Airport Zoning Board Of Adjustment 6 TITLE 13 Public Utilities Water Use And Service 1 Connections 1A Water Meters 1B August 2017 City of Dubuque TITLE 13 (cont.) Rates Cross Connection Control Sewers And Sewage Disposal Discharge Regulations Private Disposal Systems; Private Haulers Rates Industrial Pretreatment Program Fats, Oils And Greases (FOG) Program Gas Main Connections Stormwater Management Illicit Connections And Discharges To Storm Sewer System 5 Solid Waste 6 City Or Private Collection Service 6A Historic Preservation (Rep. by Ord. 52-09, 10-19-2009) 6 1C Condominium Conversions And 1D Transfers To Multiple . 2 Housing Cooperative 7 2A Exterior Storage Containers And Storage Trailers 8 2B Swimming Pools 9 2C Signs (Rep. by Ord. 52-09, 10-19-2009) 10 2D Flood Areas 11 Erosion And Sediment Control 12 2E Solar Thermal Licenses 13 3 Solar Thermal System Permits 4 And Inspections 14 Water 15 TITLE 14 Building And Development Building Codes 1 Building Code And Regulations . 1A Residential Code 1B Energy Conservation Code . 1C Electrical Code 1D Fire Code And Regulations . 1E Mechanical Code 1F Fuel Gas Code 1G Plumbing Code 1H Accessibility Code For Readily Achievable Changes 11 Property Maintenance Code ... 1J Building Construction, Demoli- tion And Moving Dangerous Buildings Licensing Of Vacant And/Or Abandoned Buildings Historic Buildings August 2017 TITLE 15 Planning And Zoning Comprehensive Plan 1 Long Range Planning Advisory Commission 2 TITLE 16 Unified Development Code PART I. GENERAL PROVISIONS Title, Purpose And General Provisions 1 Definitions 2 PART II. LAND USE REGULATIONS Land Use General Provisions .. 3 Nonconformities 4 2 Zoning Districts 5 3 Overlay Districts 6 Supplemental Use Regulations . 7 4 Zoning Board Of Adjustment 5 Applications And Procedures .. 8 City of Dubuque TITLE 16 (cont.) Zoning Advisory Commission Applications And Procedures . . . . 9 Historic Preservation Commission Applications And Procedures . . . 10 PART III. LAND DEVELOPMENT REGULATIONS Land Subdivision 11 Site Plans 12 Site Design Standards 13 Parking 14 Signs 15 INDEX / \ ( City of Dubuque August 2017 1-6A-3 1-6A-3: TYPES OF MEETINGS: 1-6A-3 A. Regular Meetings: Regular meetings of the Council must be held on the first and third Mondays of each month. However, when the first or third Monday falls upon any of the following City holidays, such meeting must be held on the next succeeding day: New Year's Day Martin Luther King's Birthday Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day New Year's Eve Unless otherwise indicated in the notice of meeting, regular meetings will commence at six o'clock (6:00) P.M. B. Special Meetings: Special meetings may be called by the Mayor or by a majority of the members of the City Council. The call for a special meeting shall be filed with the City Clerk in written form, except that announcement of a special meeting during any regular meeting shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, the hour, and the location of the special meeting and shall list the subject or subjects to be considered. C. Recessed Meetings: Any meeting of the City Council may be recessed to a later date and time; provided, that no recess shall be for a longer period than until the next regular meeting. D. Work Sessions: The City Council may meet informally in work sessions (open to the public), at the call of the Mayor or of any four (4) members of the City Council, to review forthcoming programs of the City, receive progress reports on current programs or projects, or receive other similar information from the City Manager. E. Rescheduling Of Regular Meetings: A regular meeting of the Council may be rescheduled by the Mayor or by a majority of the members of the City Council. The request to reschedule a regular meeting may be filed in written form with the City Clerk and approved during any August 2017 City of Dubuque 1-6A-3 1-6A-4 regular meeting of the Council a minimum of thirty (30) days in advance of the rescheduled meeting. The public notice for a rescheduled regular meeting shall specify the time, date, and place of the meeting, and tentative agenda for the meeting. (Ord. 17-17, 5-1-2017) 1-6A-4: RECORDS: A. Preparation: Immediately after each regular or special meeting of the Council, the City Clerk shall prepare a complete record of the pro- ceedings of such meeting, which shall contain in full the motions and resolutions offered or adopted, and all other action taken, or pro- ceedings had at such meeting. B. Printing: The City Clerk shall cause a condensed record of such proceedings to be published in the official papers. The City Clerk shall also have the complete record printed on good paper with pages of uniform size suitable for binding in permanent form, which pages shall be numbered consecutively. C. Monthly Record: Before the first meeting in each month, the City Clerk shall have printed proceedings of all meetings held during the previous month, bound together in pamphlet form, and shall furnish copies of the same to the Mayor and members of the Council and to such other officers as the Council may direct. At the first regular meeting in each month, the record of the proceedings included in such pamphlet shall be read, unless such reading shall be dispensed with by the Council. If objection to any part of the record is raised by a member of the Council, the same, if found to be incorrect, shall be corrected, and when the record is correct, the same shall, by motion, be approved. When the record has been so approved, the printed record of each meeting contained in said pamphlet shall be signed by the Mayor and attested by the City Clerk, and shall then become the official record of the proceedings contained therein. D. Permanent Binding: After the last day of December of each year, the City Clerk shall have the printed pamphlets, which constitute the official record for the preceding twelve (12) months, bound together in book form, together with a complete index by subjects of the contents thereof, and when so bound said book shall constitute the permanent official record for the year, and the same shall be filed and kept in the Office of the City Clerk. (2007 Code § 2-33.10) August 2017 City of Dubuque ( 1-6A-5 1-6A-6 1-6A-5: ATTENDANCE OF MEDIA AT COUNCIL MEETINGS: All meetings of the City Council shall be open to the media, freely subject to recording by radio, television and photographic services at any time; provided, that such arrangements do not interfere with the orderly conduct of the meetings. (2007 Code § 2-34) 1-6A-6: PRESIDING OFFICER: A. Presiding Officer: The Mayor shall preside as the presiding officer at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both the Mayor and the Mayor Pro Tem, the City Council shall elect a presiding officer. 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. City of Dubuque August 2017 6-4-1 6-4-2 CHAPTER 4 NUISANCES SECTION: 6-4-1: Purpose 6-4-2: Definitions 6-4-3: Public Nuisance Defined; Public Nuisances Enumerated 6-4-4: Public Nuisances Prohibited; Authority To Abate 6-4-5: Abatement Remedies; Penalties 6-4-6: Emergency Abatement Procedure 6-4-1: PURPOSE: The purpose of this chapter is to protect the health, safety, and general welfare of the community. These provisions are intended to aid in the control and elimination of activity which interferes with an owner's reasonable use and enjoyment of the owner's property or interferes with public rights such as free passage along streams and highways and enjoyment of public parks and places of recreation and to be secure from fire, safety hazards and other health hazards throughout the community. (2007 Code § 23-40) 6-4-2: DEFINITIONS: As used in this chapter, the following defini- tions shall apply: ABANDONED BUILDING: Any building or portion thereof which has stood with an incomplete exterior shell for six (6) months or longer which meets one (1) or more of the following criteria: A. Is unsecured; B. Is unoccupied; or C. Is in violation of the International Property Maintenance Code, International Building Code, or International Fire Code adopted by the City of Dubuque. City of Dubuque August 2017 6-4-2 CITY MANAGER: COMPOST PILE: DANGEROUS BUILDING OR STRUCTURE: HAZARDOUS WASTE: JUNK OR SALVAGE MATERIAL: NOXIOUS SUBSTANCES: OWNER: August 2017 6-4-2 Includes the City Manager's designee. 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 prop- erty 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. Any building or structure defined in this Code as unsafe or dangerous. Those wastes defined in chapter 455B, Code of Iowa, as amended, and the Iowa Administrative Code, as amended. 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. 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 excre- ment. The record owner of real property, and any per- son having a property interest in the property, including legal or equitable interests. City of Dubuque 6-4-2 6-4-2 PROPERTY: Both real and personal property. RESPONSIBLE PARTY: Any person having ownership, possession, or control of real or personal property, including, but not limited to, any one (1) or more of the following: SOLID WASTE: YARD WASTE: A. An agent; B. An assignee or collector of rents; C. A contract seller or contract purchaser; D. The holder of a deed to the property; E. A mortgagee or vendee in possession; F. A receiver, executor, administrator or trustee; G. Lessee and lessor; or H. Any other person, firm, partnership, corpora- tion or entity exercising control over the prop- erty. Any waste that is putrescible, nonputrescible, combustible or noncombustible, including, but not limited to, trash, garbage, material resulting from the handling, processing, storage, prepara- tion, serving and consumption of food, vegeta- ble or animal matter, offal, rubbish, ashes, incinerator residue, street cleanings, construc- tion debris and solid industrial waste. The accumulation of grass, leaves, tree trim- mings under three inches (3") in diameter, brush and garden residue, which accumulation is screened from the street view, is located in a confined area, is no taller than four feet (4') high and no larger than seventy five (75) square feet in area, is located more than twenty feet (20') from any habitable structure on adjoining property, at least three feet (3') from a property boundary line, is located more than five feet (5') from any wood structure, excluding fences and City of Dubuque August 2017 6-4-2 6-4-3 compost containers, is not located in a natural drainageway, is not located in the area between any building and the street right-of-way, is collected for reuse as a soil amendment, and is maintained free of noxious odors. (Ord. 31-16, 6-20-2016, eff. 7-1-2016; amd. Ord. 32-17, 7-5-2017) 6-4-3: PUBLIC NUISANCE DEFINED; PUBLIC NUISANCES ENUMERATED: Whatever is injurious to the public health or safety or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by the public shall be deemed a "public nuisance". A "public nuisance" shall include, but not be limited to, the following: (2007 Code § 23-42) A. Accumulations: Any yard waste, solid waste, vehicle parts, garbage, noxious substances or hazardous wastes, junk, unused building materials, salvage material or other offensive substances thrown, left or deposited in or upon any street, avenue, alley, sidewalk, park, public square, public enclosure, public or private lot, whether vacant or occupied, or upon any pond or pool of water, except for: (Ord. 5-13, 2-18-2013) 1. Solid waste deposited and stored in accordance with provisions of this Code; 2. A compost pile located or maintained in compliance with this chapter; 3. Yard waste located or maintained in compliance with this chapter; 4. Junk or salvage materials properly stored in a junk or salvage yard permitted under this Code; 5. The use of agricultural manure on crop producing agricultural land or pasture; or 6. The safe accumulation of animal waste by commercial livestock processing facilities. B. Diseased Or Damaged Trees Or Plant Materials: Any dead, diseased or damaged tree or plant material which may harbor serious insect or disease pests or disease injurious to other trees or plant materials, or any tree in such a state of deterioration that any part of such tree is likely to fall and damage property or cause injury to persons. August 2017 City of Dubuque ( TITLE 7 POLICE, FIRE AND PUBLIC SAFETY Subject Chapter Police Department 1 Fire Department 2 Emergency Management 3 Alarm System Permits 4 Offenses 5 General Offenses 5A Drug Paraphernalia 5B Crime Property 5C Parental Responsibility 5D Social Host Responsibility 5E Animal Control 6 Miscellaneous Provisions 6A Dogs And Cats 6B Rabies Control 6C Dangerous Animals 6D Potentially Vicious Dogs 6E Vicious Dogs And Cats 6F Bicycles 7 City of Dubuque August 2017 7-5A-1 7-5A-1 SECTION: 7-5A- 1: 7-5A- 2: 7-5A- 3: 7-5A- 4: 7-5A- 5: 7-5A- 6: 7-5A- 7: 7-5A- 8: 7-5A- 9: 7-5A-10: 7-5A-11: 7-5A-12: 7-5A-13: 7-5A-14: 7-5A-15: 7-5A-16: 7-5A-17: 7-5A-18: CHAPTER 5 OFFENSES ARTICLE A. GENERAL OFFENSES Disorderly Conduct Offenses Relating To Officers And Employees False And Fraudulent Reports False Representation Of Records Or Processes Advertising Materials; Billposting; Littering Defacing Notices Loitering For Illegal Purposes Ringing Of Bells Or Gongs Public Urination Or Defecation Projectiles, Slingshots, Knuckles Of Metal Or Other Material, Other Weapons, And Fireworks Unauthorized Computer Access Criminal Mischief Professional Boxing Elimination Tournaments Underage Persons Entering Gambling Facilities Tobacco Products To Underage Persons Hunting And Target Practice Permitted Aggressive Panhandling Prohibited Unlawful Assembly 7-5A-1: DISORDERLY CONDUCT: It shall be unlawful for any person to do any of the following: A. Fighting: Engage in fighting or violent behavior or invite or defy another person to fight; provided, that participants in athletic contests may engage in such conduct which is reasonably related to that sport. B. Noise, Disturbance: Make unusually loud or excessive noise which results in the disturbance of the peace and the public quiet of a neighborhood. August 2017 City of Dubuque 7-5A-1 7-5A-2 C. Noise, Breach Of The Peace: Wilfully permit upon any premises owned, occupied, possessed or controlled by such person any unusually loud or excessive noise in such a manner calculated to provoke a breach of the peace of others, or the public quiet of the neighborhood. D. Abusive Language: Direct abusive language or make any threatening gesture which the person knows or reasonably should know is likely to provoke a violent reaction by another. E. Disturbing Lawful Assembly: Without lawful authority or order of authority, disturb any lawful assembly or meeting of persons by conduct intended to disrupt the meeting or assembly. F. Disrespect To Flag: Publicly use or display the flag of the United States in such a manner as to show disrespect for the flag as a symbol of the United States. G. Obstructing Streets: Without authority, obstruct any street, sidewalk, highway or other public way. H. Soliciting Contributions, Peddling On Roadways: Without authority, solicit contributions, distribute literature, or otherwise peddle or sell goods and services within the traveled portion of any roadway. (2007 Code § 33-1) 7-5A-2: OFFENSES RELATING TO OFFICERS AND EMPLOYEES: A. Harassment Of City Employees: 1. It shall be unlawful for any person to wilfully prevent, resist or obstruct or attempt to prevent, resist or obstruct any City employee from the performance of any official duty. 2. It shall be unlawful for any person to communicate by any means, any threat of bodily or property harm to any police officer, member of the Fire Department or other City employee or to any member of their family during the course of, or as a result of, the performance of any official duty by said police officer, member of the Fire Depart- ment or City employee in which the police officer, member of the Fire Department, or City employee is identified as such. (2007 Code § 33-3) August 2017 City of Dubuque 7-5A-7 7-5A-10 b. Has a gang affiliation; or c. Is in a group of three (3) or more people in a public place without the permission or authority of the adjacent property owner or resident and repeatedly beckons to, stops, or attempts to stop or engage passersby in unsolicited conversation; or repeatedly stops or attempts to stop motor vehicles by yelling, hailing, waving of arms, giving hand signals or other similar bodily gestures, or calling out gang names; or d. Is in a group of three (3) or more people for a period of time longer than fifteen (15) minutes in a public place where disorderly conduct is occurring or has recently occurred; or e. Is making repeated exchanges of packages or money with other persons who stop for short periods of time when none of the parties to the exchange have a valid permit to engage in business or solicitation; or f. Evidences an intent to establish a public place as the territory of a gang including the verbalization of gang names and/or the use of hand signals known to be gang related. (2007 Code § 33-16) 7-5A-8: RINGING OF BELLS OR GONGS: It shall be unlawful for any person within the corporate limits of this City to ring or sound any bell, auction bell, gong, or similar device upon the streets or alleys within the City so as to disturb the peace. (2007 Code § 33-2) 7-5A-9: PUBLIC URINATION OR DEFECATION: It shall be unlawful for any person to urinate or defecate in or upon any public or common property including, but not limited to, streets, alleys, sidewalks or in any other place where the person could reasonably expect to be seen by the public. This section shall not apply to private restrooms or public facilities designated for such purpose. (Ord. 18-16, 5-16-2016) 7-5A-10: PROJECTILES, SLINGSHOTS, KNUCKLES OF METAL OR OTHER MATERIAL, OTHER WEAPONS, AND FIRE- WORKS: A. Shooting Projectiles: 1. Prohibition: It shall be unlawful for any person within the corporate limits of the City to willfully or carelessly throw, shoot, or launch any August 2017 City of Dubuque 7-5A-10 7-5A-10 stone, stick, projectile, or other missile in such a manner as to hit, injure, or endanger any person or property. 2. Deer Hunting Excepted: Nothing herein shall prohibit the hunting with bow and arrow of deer by persons licensed by and during the period of time authorized by the Iowa Department of Natural Resources and issued a permit by the City in accordance with the Deer Management Program adopted by the City Manager or City Manager's designee. B. Slingshots, Knuckles Of Metal Or Other Material, Air Gun, Spring - Loaded Gun, Replica Firearms, And Other Weapons: It shall be unlawful for any person to carry or conceal about their person any slingshot, knuckles of metal or other material, air gun, spring loaded gun, replica firearm represented as a real firearm, or any other weapon other than a knife, when such weapon is represented to be carried for the purpose of protection or use as a weapon. C. Discharging Firearms And Fireworks: 1. Definition: The term "fireworks" includes any device, other than a novelty or theatrical pyrotechnic article, intended to produce visible and/or audible effects by combustion, deflagration, or detonation and includes blank cartridges, firecrackers, torpedoes, skyrockets, roman candles or other fireworks of like construction and fireworks contain- ing any explosive or flammable compound, or other device contain- ing any explosive substance. The term "fireworks" does not include products defined as "novelties" including party poppers, snappers, toy smoke devices, snakes, glow worms, wire sparklers, dipped sticks, and toy caps. 2. Prohibition: No person shall discharge or fire any cannon, gun, bomb, pistol, air gun, spring loaded gun, or other firearms or set off or burn firecrackers, torpedoes, skyrockets, roman candles, or other fireworks of like construction or any fireworks containing any explosive or flammable compound, or other device containing any explosive. Discharge or firing of air guns or spring loaded guns used for training, recreational, or competitive events is allowed in accordance with section 7-5A-16 of this article. 3. Fireworks Display Permit: The City Council may, upon application in writing, grant a permit for the display and use of display fireworks by any organization or groups of individuals when such fireworks dis- play will be handled by a competent operator. August 2017 City of Dubuque 7-5A-10 7-5A-13 4. Firing Range Permit: 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. 5. Firearms Used To Control Rodent Or Animal Problems: In the interest of public health and safety and at such times as approved by the Chief of Police, the police or their designee may use firearms to control rodent or animal problems when it is evident that conven- tional control methods have not resolved the problem. 6. Blank Cartridge Use For Shows: Nothing herein shall be construed to prohibit the use of blank cartridges for a show or the theater, or for signal purposes in athletic sports or by railroads, or trucks, for signal purposes, or by a recognized military organization; and pro- vided further, that nothing in this subsection shall apply to any substance or composition prepared and used for medicinal or fumigation purposes. 7. Selling Fireworks Within Corporate City Limits: A person or entity selling fireworks within the corporate City limits must provide the City Fire Department with a copy of the seller's State -issued license to sell fireworks and proof of insurance as required by State Code. A fireworks seller must also display signage on the seller's premises which states that the use of fireworks is prohibited within corporate City limits. (Ord. 29-17, 7-5-2017) 7-5A-11: UNAUTHORIZED COMPUTER ACCESS: It shall be unlawful for any person to knowingly and without authorization access a computer, computer system or a computer network. (2007 Code § 33-12) 7-5A-12: CRIMINAL MISCHIEF: It shall be unlawful for any person to damage, deface, alter or destroy any tangible property when done intentionally by one who has no right to so act. (2007 Code § 33-13) 7-5A-13: PROFESSIONAL BOXING ELIMINATION TOURNAMENTS: A. Definitions: For purposes of this section, the following terms shall have the following meanings: August 2017 City of Dubuque 7-5A-13 7-5A-14 ELIMINATION A boxing contest or exhibition in which contes- TOURNAMENT: tants box one another, two (2) at a time, with one (1) contestant being eliminated from the tournament. This elimination continues, with winners from the various bouts competing, until only one (1) contestant remains undefeated in the weight division. PROFES- SIONAL BOXING: A boxing contest or exhibition, open to the pub- lic, for which any principal or contestant is paid. B. Prohibition: No person shall promote, participate in, or allow professional boxing that is part of an elimination tournament within the City. (2007 Code § 33-14) 7-5A-14: UNDERAGE PERSONS ENTERING GAMBLING FACILI- TIES: A. Prohibition: It shall be unlawful for any person under the age of twenty one (21) years to enter or attempt to enter a facility licensed under Iowa Code to operate gambling games. B. Persons Excepted: Subsection A of this section shall not apply to a person under the age of twenty one (21) years who is: 1. An employee of the licensee or performing a contracted service for the licensee at the facility; 2. A public official or employee while at the facility in the perform- ance of such person's official duties; 3. A person going directly to or from an area at the facility specifically designated for activities for persons under the age of twenty one (21) years, if accompanied by a person over the age of twenty one (21) years and if such person first contacts a representative of the licensee. C. Area Or Facility Exempted: Subsection A of this section shall not apply to a facility or that portion of a facility licensed by the State for pari-mutuel gaming. (2007 Code § 33-15) August 2017 City of Dubuque 7-5A-15 7-5A-15 7-5A-15: TOBACCO PRODUCTS TO UNDERAGE PERSONS: A. Restrictions: 1. A person shall not sell, give, or otherwise supply any tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes to any person under eighteen (18) years of age. 2. A person under eighteen (18) years of age shall not smoke, use, possess, purchase, or attempt to purchase any tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes. 3. Possession of tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes by an individual under eighteen (18) years of age does not constitute a violation under this section if the individual under eighteen (18) years of age possesses the tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes as part of the individual's employment and the individual is employed by a person who holds a valid permit under the Iowa Code or who lawfully offers for sale or sells ciga- rettes or tobacco products. 4. a. A person shall not be guilty of a violation of this section if conduct that would otherwise constitute a violation is performed to assess compliance with tobacco, tobacco products, alternative nico- tine products, vapor products, or cigarette laws if any of the following applies: (1) The compliance effort is conducted by or under the super- vision of law enforcement officers. (2) The compliance effort is conducted with the advance knowledge of law enforcement officers and reasonable measures are adopted by those conducting the effort to ensure that use of tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes by individuals under eighteen (18) years of age does not result from partici- pation by any individual under eighteen (18) years of age in the compliance effort. b. For the purposes of this subsection, "law enforcement officer" means a peace officer as defined in Iowa Code section 801.4 and includes persons designated under this subsection to enforce this section. August 2017 City of Dubuque 7-5A-15 7-5A-16 B. Penalty: 1. a. A person, other than a retailer, who violates subsection Al of this section, is guilty of a simple misdemeanor. b. An employee of a retailer who violates subsection Al of this section, commits a simple misdemeanor punishable as a scheduled violation under Iowa Code section 805.8C. 2. A person who violates subsection A2 of this section, is subject to the following, as applicable: a. A civil penalty pursuant to Iowa Code section 805.8C. b. For a first offense, performance of eight (8) hours of community work requirements, unless waived by the court. c. For a second offense, performance of twelve (12) hours of community work requirements. d. For a third or subsequent offense, performance of sixteen (16) hours of community work requirements. (Ord. 17-16, 5-16-2016) 7-5A-16: HUNTING AND TARGET PRACTICE PERMITTED: A. Shotgun Hunting: 1. Permit Issuance; Conditions: Subsections 7 -5A -10A and C of this article notwithstanding, the City Manager may issue an annual permit to a property owner for hunting within the corporate limits of the City on the owner's property, if the City Manager determines that the property meets the following conditions: a. The property is zoned AG Agricultural; b. The property is not Tess than ten (10) contiguous acres or more in size; and c. Allowing hunting on the property will not constitute a danger to public safety. 2. Application: An application to allow hunting shall be filed with the City Manager on a form provided by the City Manager. The applica- tion must include the following information: August 2017 City of Dubuque r 7-5A-16 7-5A-16 ing: a. The name, address and telephone number of the applicant; b. The address where the hunting will take place; c. A site plan shall be a dimension drawing showing the follow - (1) North arrow; (2) Property lines; (3) Location of buildings on the subject property and dimen- sions; and (4) Location of buildings on adjacent property, public streets, recreational trails or public waters. Falsification of information on an application is grounds for denial or revocation of a permit. 3. Approval Or Rejection; Permit Term: The City Manager shall, upon consideration of the application and the information required herein, approve or reject the application. A permit is valid for a period of one (1) year from the date thereof. 4. Nonrefundable Fee: At the time of filing the application, the appli- cant shall pay to the City a nonrefundable permit fee established by the City Manager. August 2017 City of Dubuque 7-5A-16 7-5A-16 6. Compliance With State And Local Laws: A person engaged in target practice must comply with all State and local laws, rules, regulations and ordinances governing target practice. 7. Firearms Limited: The only firearm authorized for target practice is a shotgun with shot ammunition size 4-9. The use of slugs, rifles, pistols, deer slugs, and black powder rifles and all other firearms or other weapons is prohibited. 8. Notify Police Prior To Target Practice: The permittee shall notify police dispatch at the Dubuque Law Enforcement Center, on the day on which target practice will occur and prior to the commencement of any target practice, of the location where the target practice will occur. 9. Approved Times: Target practice will be allowed from one-half (1/2) hour before sunrise to one-half (1/2) hour after sunset. 10. Discharging Shotgun: A person engaged in target practice shall not discharge a shotgun in the direction of any person, livestock, building, public street, recreational trail or public waters. 11. Exception: An exception to these rules may be granted if approved through a City of Dubuque special events permit. (Ord. 55-13, 12-16-2013) C. Bow And Arrow Hunting: 1. Permitted: Bow and arrow hunting will be allowed within City limits in accordance with the Deer Management Program adopted by the City Manager or City Manager's designee. 2. Exception: An exception to these rules may be granted if approved through a City of Dubuque special events permit. (Ord. 30-17, 7-5-2017) D. Target Practice; Weapons Other Than Shotguns: 1. Allowed With Conditions: Target practice will be allowed under the following conditions: a. Weapons approved for target practice are limited to bow and arrows and air guns; b. No other weapons are approved for target practice; August 2017 City of Dubuque 7-5A-16 7-5A-17 c. The property where the target practice will occur is not less than three (3) contiguous acres or more in size; d. Adjacent property may be used to meet the three (3) acre minimum, with the written permission of the adjacent property owner; e. The property owner agrees to be present to supervise target practice on the owner's property; f. Allowing target practice on the property will not constitute a danger to public safety; and g. There are no homes or businesses within one hundred fifty feet (150'). 2. Exception: An exception to these rules may be granted if approved through a City of Dubuque special events permit. (Ord. 20-13, 4-1-2013) 7-5A-17: AGGRESSIVE PANHANDLING PROHIBITED: A. Purpose: 1. The purpose of this section is to ensure unimpeded pedestrian traffic flow, to maintain and protect the physical safety and well being of pedestrians, and to otherwise foster a safe and harassment free climate in public places in the City. 2. This section is not intended to limit any person from exercising such person's constitutional right to solicit funds, picket, protest, or engage in other constitutionally protected activity. B. Definitions: As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended: AGGRESSIVE Panhandling which demonstrates a specific PANHANDLING: intent to induce, solicit, or procure from another goods or money which includes one (1) or more of the following actions: August 2017 1. The touching of the solicited person without the solicited person's consent; City of Dubuque 7-6B-1 7-6B-1 SECTION: 7-6B- 1: 7-6B- 2: 7-6B- 3: 7-6B- 4: 7-6B- 5: 7-6B- 6: 7-6B- 7: 7-6B- 8: 7-6B- 9: 7-6B-1 0: 7-6B-1: AT LARGE: CHAPTER 6 ANIMAL CONTROL ARTICLE B. DOGS AND CATS Definitions Licensing; Tags And Fees Keeping Domestic Animals On Unoccupied Residential Property Or In Dangerous Buildings Prohibited Harboring Vicious Dog Or Cat Nuisance Female Dogs In Season Running At Large Directing Dog With Malicious Intent Use Of Dog In Illegal Activity Prohibited Impoundment, Redemption And Disposition Of Unclaimed Animals DEFINITIONS: The following definitions shall apply in the interpretation of this article: Any dog, cat or livestock, fowl or ferret found off the premises of the owner or keeper. A dog or cat shall not be deemed at large if the dog or cat is: A. Attached to a leash of sufficient strength and appropriate length to control the animal where such leash is held by its owner or keeper; or B. Restrained within an enclosed motor vehicle or by crate or leash of sufficient strength and appropriate length to keep the dog or cat within the motor vehicle; or City of Dubuque August 2017 7-6B-1 7-6B-1 C. Housed in a licensed veterinarian's animal hospital; or D. Accompanied by the owner or keeper on the premises of another with such person's consent and restrained by an adequate protective fence or by leash, cord, chain or other similar restraint that does not allow the dog or cat to go beyond such person's property line or to come into con- tact with anyone outside such person's property line. CAT: Both male and female animals in the family Felis catus whether neutered or not. DOG: Both male and female animals of the canine species whether neutered or not, but not includ- ing a law enforcement dog. HEALTH CARE A person who is trained and licensed to give PROVIDER: health care. KEEPER: KENNEL: NEUTERED: Any person other than the owner keeping, sheltering, having control or custody of or harboring an animal. A place or establishment where dogs or cats are kept or raised for the purpose of breeding, boarding, racing at a licensed parimutuel track, exchanged or offered for sale to the general public and which are kept under constant restraint. A surgical procedure that has been performed on a dog or a cat that renders it incapable of siring or bearing offspring. NUISANCE: A dog or cat shall be considered a nuisance if it: August 2017 A. Damages, soils, defiles or defecates on pri- vate property other than the owner's or keeper's or on public walks and recreation areas unless such waste is immediately removed and prop- erly disposed of by the owner or keeper. City of Dubuque 7-6B-1 7-6B-2 B. Causes unsanitary, dangerous or offensive conditions. C. Causes a disturbance by excessive barking or other noisemaking that can be heard from a position in the public right-of-way. D. Chases vehicles, or molests, attacks or interferes with persons or other domestic animals off the premises of the owner or keeper. OWNER: Any person owning a cat, dog, or other animal. VICIOUS ANIMAL: A vicious cat or dog is deemed so when it shall have attacked or bitten any person on more than one (1) occasion without provocation or when an attack or bite results in serious bodily injury. (Ord. 28-17, 6-5-2017) 7-6B-2: LICENSING; TAGS AND FEES: A. License Required: No person shall keep a dog or cat in the City unless such dog or cat is licensed by the City as provided in this article. This section shall not apply to veterinary clinics and boarding facilities. B. Application For License: The owner or keeper shall make application for a license with the City Manager. The application shall give the name, physical address, date of birth or social security number of the owner or keeper, the sex and description of the dog or cat, and if known, its breed and age. In the event of a change of ownership, the license holder shall notify the City Manager of such change. All dogs and cats shall be licensed by not later than six (6) months of age. If an animal is older than six (6) months of age, the dog or cat must be licensed within thirty (30) days of ownership or residing in the City of Dubuque, whichever is first. C. Dogs: 1. License Fee; Neutering: a. The license fee per calendar year, or fraction thereof, for a dog license shall be as established by the City Manager. August 2017 City of Dubuque 7-6B-2 7-6B-2 b. The applicant or licensee shall furnish written proof from a licensed veterinarian that surgical procedures have been performed that render either male or female dogs incapable of reproduction, which may result in a reduced licensed fee. 2. Expiration; Renewal; Delinquent Fee: All dog licenses issued under this subsection shall expire one (1) year from the date the license was issued and shall become delinquent thirty (30) days after the license anniversary date. A delinquent fee as established by the City Manager, shall be added to the required license fee for each delinquent dog license. D. Cats: 1. License Fee; Neutering: a. The license fee per calendar year, or fraction thereof, shall be as established by the City Manager. b. The applicant or licensee shall furnish written proof from a licensed veterinarian that surgical procedures have been performed that render either male or female cats incapable of reproduction, which may result in a reduced licensed fee. 2. Expiration; Renewal; Delinquent Fees: All cat licenses issued under this subsection shall expire one (1) year from the date the license was purchased and shall become delinquent thirty (30) days after the license anniversary date. A delinquent fee as established by the City Manager shall be added to the required license fee for each delinquent cat license. E. Tags: 1. Tags Not Transferable: A license issued for any dog or cat shall not be transferred to another dog or cat. 2. Tags Attached To Collar Or Harness: The owner or keeper of a dog or cat, upon procurement of the license, shall securely attach the license tag to a collar or harness and this collar or harness, with the tag attached, shall at all times be kept on the dog or cat. Any dog or cat found at large without a collar or harness with license tag attached shall be deemed unlicensed and shall be impounded. F. Fee For Duplicate License: The fee for a duplicate license for either a dog or cat shall be as established by the City Manager. August 2017 City of Dubuque 7-6B-2 7-6B-7 G. Consent Implied From Application And Receipt: The application for and the receipt of a license as required in this section shall include an implied consent by the owner or keeper to permit an inspection of both real and personal property under the owner's or keeper's con- trol for the purpose of carrying out the provisions of this article relating to the harborage of vicious animals or to the control of rabies outbreak or relating to the provisions of law relative to the prohibition of cruelty to animals. (Ord. 28-17, 6-5-2017) 7-6B-3: KEEPING DOMESTIC ANIMALS ON UNOCCUPIED RESI- DENTIAL PROPERTY OR IN DANGEROUS BUILDINGS PROHIBITED: The owner or keeper of a dog or cat shall not keep or allow the dog or cat to be kept on unoccupied property or in any building that meets the definition of a dangerous building as set forth in section 14-3-2 of this Code. For purposes of this provision, "unoccupied property" shall include but is not limited to property that is not the primary residence of the owner or keeper or any other occupant. (Ord. 28-17, 6-5-2017) 7-6B-4: HARBORING VICIOUS DOG OR CAT: It shall be unlawful for any person or persons to harbor or keep a vicious dog or cat within the City. The City may abate violations of this section with penalties including, but not limited to, euthanization of the animal. (Ord. 28-17, 6-5-2017) 7-6B-5: NUISANCE: It shall be unlawful for any owner or keeper to permit a dog or cat to commit a nuisance. (Ord. 76-08, 11-3-2008) 7-6B-6: FEMALE DOGS IN SEASON: It shall be unlawful for any owner or keeper to allow a female dog in season to run at large or to so confine such dog as to attract male dogs to the area and by their presence cause a nuisance. (Ord. 76-08, 11-3-2008) 7-6B-7: RUNNING AT LARGE: It shall be unlawful for any owner or keeper to permit or allow a dog, cat, ferret, livestock or fowl to run at large. (Ord. 76-08, 11-3-2008) August 2017 City of Dubuque 7-6B-8 7-6B-10 7-6B-8: DIRECTING DOG WITH MALICIOUS INTENT: No person shall direct, encourage, cause, allow or otherwise aid or assist any dog to threaten, charge at, intimidate, bite, harass, menace or attack any person. (Ord. 76-08, 11-3-2008) 7-6B-9: USE OF DOG IN ILLEGAL ACTIVITY PROHIBITED: No person shall keep, maintain, control or retain custody of any dog in conjunction with, or for the purpose, whether in whole or in part, of aiding, abetting or conducting illegal activity or committing any crime. (Ord. 76-08, 11-3-2008) 7-6B-10: IMPOUNDMENT, REDEMPTION AND DISPOSITION OF UNCLAIMED ANIMALS: A. Contract For Pound Or Shelter: The City Manager is hereby author- ized 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. B. Impoundment: Any unlicensed dog or cat except kennel dogs or cats and any licensed dog or cat found at large shall be subject to seizure and impoundment in a place provided by the City. C. Notice To Owners Of Licensed Dogs Or Cats: Whenever any licensed dog or cat has been seized or impounded pursuant to this article, notice of such action shall be given as provided in this article. D. Redemption: 1. Except as otherwise provided, the possession of any licensed dog or cat seized or impounded pursuant to this article may be obtained by the owner or keeper by paying an impoundment fee as estab- lished by the City Manager, together with the separate daily fee for keeping such dog or cat each day or fraction thereof during the time that such dog or cat is impounded. Upon the second subsequent impoundment of the same animal within three hundred sixty five (365) days, an impoundment fee as established by the City Manager shall be assessed together with the separate daily fee for keeping such dog or cat each day or fraction thereof during the time which said dog or cat is impounded. August 2017 City of Dubuque 7-6B-10 7-6B-10 2. Upon proper identification the owner may redeem an unlicensed dog or cat seized or impounded pursuant to this article after licensing the animal or agreeing to purchase a license within ten (10) working days. Failure to do so shall result in an additional fee as established by the City Manager, added to the license fee. E. Disposition Of Unredeemed Dogs: 1. Licensed Dog: If the owner or keeper of a licensed dog impounded pursuant to this article does not redeem such animal within seven (7) days after the mailing of the notice provided for in this article, the license shall automatically be revoked and the animal disposed of as directed by the City Manager. 2. Unlicensed Dog: Any unlicensed dog not redeemed by the owner within three (3) days after it has been seized or impounded shall be disposed of as directed by the City Manager. F. Disposition Of Unredeemed Cats: 1. Licensed Cat: If the owner or keeper of a licensed cat impounded pursuant to this article does not redeem such animal within five (5) days after the mailing of the notice provided for in this article, the license shall automatically be revoked and the animal disposed of as directed by the City Manager. 2. Unlicensed Cat: Any unlicensed cat not redeemed by the owner within three (3) days after it has been seized or impounded shall be disposed of as directed by the City Manager. (Ord. 28-17, 6-5-2017) August 2017 City of Dubuque G, 7-6C-1 7-6C-1 CHAPTER 6 ANIMAL CONTROL ARTICLE C. RABIES CONTROL SECTION: 7-6C-1: Vaccination Required 7-6C-2: Confinement Authorized 7-6C-3: Reporting Rabies; Notice To City Manager 7-6C-4: Notification To Police Or City Manager Of Dead Animals 7-6C-5: Punishment For Harboring Known Rabid Dog, Cat Or Other Domestic Animal 7-6C-6: Prohibited Actions After Mayor's Proclamation Of Emergency 7-6C-1: VACCINATION REQUIRED: A. Dogs And Cats; Schedule: It shall be unlawful for the owner or keeper of any domesticated species of dog or cat to keep or main- tain 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: Class Of Animal Age At Primary Vaccination Booster' Dogs 6 months 1 year later, triennially thereafter Cats 6 months Annually or 1 year later, triennially thereafter Note: 1. Approved 3 year vaccine may be substituted. B. Ferrets; Schedule: 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 August 2017 City of Dubuque 7-6C-1 7-6C-2 licensed for the use in ferrets and administered in accordance with the following schedule: Class Of Animal Ferret Age At Primary Vaccination 6 months Booster Annually C. Inactivated Nervous Tissue: Inactivated nervous tissue vaccine may only be used in accordance with the rules of the Iowa State Depart- ment of Agriculture. D. Certificate Required: A copy of the official rabies vaccination certifi- cate approved by the Iowa State Department of Agriculture shall be a condition precedent to the issuance of any license authorized by this article. E. Veterinarian Furnish Copies: Each veterinarian within the City limits shall forward to the City Manager by no later than the tenth of each month a copy of each official rabies vaccination certificate, with the owner's or keeper's address, issued by the veterinarian during the preceding month. (Ord. 28-17, 6-5-2017) 7-6C-2: CONFINEMENT AUTHORIZED: A. Animal Suspected Of Having Rabies: The owner or keeper of any dog or cat or other animal which has contracted rabies, or which has been subject to rabies, or which has bitten or caused skin abrasion to any person shall produce and surrender up such dog, cat or other animal to be held in confinement in a licensed veterinarian's animal hospital under the supervision of a licensed veterinarian and in quarantine for observation for a period of ten (10) days from the date the bite occurred at the expense of the owner or keeper of the animal. B. Quarantine Of Animal Bitten By Rabid Animal: Any animal bitten or attacked by any known rabid animal shall be quarantined under direction of the Health Officer by being confined and in quarantine as provided above for a minimum of ninety (90) days. C. Application For Home Quarantine; Conditions: The owner or keeper of any dog or cat or other animal which has bitten a person may apply to the City Manager to have the animal released for the August 2017 City of Dubuque 7-6C-2 7-6C-2 purpose of home quarantine. Home quarantine may be permitted at the City Manager's sole discretion. If the City Manager allows home confinement, all of the following conditions must be met, including but not limited to: 1. The animal must have a current rabies vaccination. The vaccina- tion certification must bear the description of the animal, the type of vaccine used, the expiration of the vaccination, and the signature of the veterinarian administering the vaccination. 2. The animal must have a current City license, if the animal is six (6) months of age or older. 3. The animal must not have been running at large at the time of the bite. 4. The animal has not previously bitten any person. 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. 6. The owner or keeper must demonstrate to the satisfaction of the City Manager that the owner or keeper has the proper facilities and the ability to adequately and properly confine the animal to the owner or keeper's home or property during the quarantine period. 7. The owner or keeper must agree to immediately notify the City Manager of any changes in the animal's health or disposition, to allow representatives of the City Manager to enter upon the property and to examine the animal at any time and to immediately take the animal to a licensed veterinarian for examination at any time when directed by the City Manager. 8. The owner or keeper must agree to promptly pay all costs of veterinarian examinations during the quarantine period. 9. The owner or keeper must further agree to immediately surrender the animal at any time the City Manager determines that the home quarantine should be terminated, or at any time that any provisions or conditions of home quarantine are violated, in which event the animal shall be put in the custody of a licensed veterinarian of the August 2017 City of Dubuque 7-6C-2 7-6C-3 State of Iowa in the City of Dubuque for the remainder of the quarantine period. 10. If the City Manager determines at any time that home confine- ment is not appropriate for the animal, quarantine at a veterinary hospital shall be ordered. 11. The person bitten, or, if a minor, the person's parent or guardian, must sign an acknowledgment indicating that the person has been advised of the risks of rabies, that if the animal disappears during home quarantine, the person may have to undergo postexposure rabies prophylaxis, and that the person does not object to home quarantine. The acknowledgment shall also relieve the City of Dubuque, its agents, officers, and employees from any liability if the animal disappears during home quarantine. 12. The owner or keeper shall also execute an indemnity agreement in favor of the City of Dubuque, which shall provide that the owner or keeper shall save harmless, defend and indemnify the City of Dubuque and its officers, agents and employees from any or all claims of any kind arising out of the home quarantine. 13. The owner or keeper shall agree in writing that if the animal disappears during the home quarantine, the owner or keeper shall 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 subsection shall not apply if the person bitten is the owner or keeper of the animal or any person residing with the owner or keeper. D. Wild Animals: If an undomesticated or wild animal such as a skunk, bat, fox, raccoon or other carnivore bites a person, whether or not the animal's owner or keeper is known, the animal shall be humanely destroyed and examined for rabies immediately. (Ord. 28-17, 6-5-2017) 7-6C-3: REPORTING RABIES; NOTICE TO CITY MANAGER: A. It shall be the duty of the owner or keeper of any cat, dog or other domesticated animal suspected of being rabid that has attacked, August 2017 City of Dubuque 7-6C-3 7-6C-6 bitten or caused any skin abrasion upon any person to report such incident to the City Manager. B. It shall be the duty of the victim who has been attacked, bitten or caused a skin abrasion by any cat, dog or other domesticated animal suspected of being rabid to report such incident to the City Manager. C. It shall be the duty of any health care provider or veterinarian practice immediately to transmit information to the City Manager that may come to such health care provider or veterinarian practice through such health care provider's or veterinarian practice's professional capacity with reference to any person having been attacked, bitten or having skin abrasions by any dog, cat or other domestic animal. (Ord. 28-17, 6-5-2017) 7-6C-4: NOTIFICATION TO POLICE OR CITY MANAGER OF DEAD ANIMALS: Any person finding a dead dog or cat shall at once notify the Police Department or the City Manager. (Ord. 76-08, 11-3-2008) 7-6C-5: PUNISHMENT FOR HARBORING KNOWN RABID DOG, CAT OR OTHER DOMESTIC ANIMAL: Any person or keeper who shall knowingly harbor or keep any dog, cat or other animal infected with rabies, or with knowledge that their animal was bitten by a rabid animal, fails to report such incident to the City Manager or police, shall be punished as provided in section 1-4-1 of this Code. (Ord. 76-08, 11-3-2008) 7-6C-6: PROHIBITED ACTIONS AFTER MAYOR'S PROCLAMA- TION OF EMERGENCY: When the Mayor, pursuant to reso- lution of the City shall declare an emergency due to rabies: A. It shall be unlawful for the owner of any dog, cat or other domestic animal to permit such animal to be at large. Any dog, cat or domesti- cated animal found to be at large shall be deemed to be so with the permission or at the sufferance of its owner or keeper. B. It shall be unlawful for any person except the owner or keeper of a dog, cat or other domestic animal, or the owner's or keeper's agent to open any door or gate of any private premises for the purpose or result of setting such animal at large. August 2017 City of Dubuque 7-6C-6 7-6C-6 C. Any licensed or unlicensed dog, cat or other domestic animal found at large shall be impounded by the City Manager or Police Depart- ment. (Ord. 76-08, 11-3-2008) August 2017 City of Dubuque 7-6D-1 7-6D-1 SECTION: 7-6D-1: 7-6D-2: 7-6D-3: 7-6D-4: 7-6D-5: 7-6D-6: 7-6D-7: CHAPTER 6 ANIMAL CONTROL ARTICLE D. DANGEROUS ANIMALS Definitions Dogs, Cats Exempted Keeping Of Dangerous Animals Restricted Exceptions To Keeping And Licensing Restrictions Regulations For Keeping General Prohibition And Duty Seizure, Impoundment And Disposition Of Dangerous Animals 7-6D-1: DEFINITIONS: Unless otherwise expressly stated or the con- text clearly indicates a different intention, the following terms shall, for the purpose of this article, have the meanings in this section: CITY: CITY MANAGER, CHIEF OF POLICE, AND CITY CLERK: The City of Dubuque. Those employees of the City of Dubuque duly appointed and holding those positions. DANGEROUS ANIMAL: A. Any animal which is not naturally tame or gentle, and which is of a wild nature or disposi- tion, and which is capable of killing, inflicting serious injury upon, or causing disease among, human beings or domestic animals and having known tendencies as a species to do so; B. Any animal(s) declared to be dangerous by the City Manager or the City Manager's desig- nee; or C. The following animals which shall be deemed to be dangerous animals per se: August 2017 City of Dubuque 7-6D-1 7-6D-1 August 2017 1. Lions, tigers, jaguars, leopards, cougars, lynx and bobcats; 2. Wolves, coyotes and foxes; 3. Badgers, wolverines, weasels, skunks and mink; 4. Raccoons; 5. Bears; 6. All apes, baboons, macaques, monkeys and chimpanzees; 7. Alligators and crocodiles; 8. Scorpions; 9. Snakes that are: a. Any member of the family atractaspidae, including but not limited to mole vipers and burrowing asps. b. Any member of the family elapidae, voperidae, crotalidae, atractaspidae, or hydrophidae which are venomous, including but not limited to cobras, mambas, coral snakes, kraits, adders, vipers, rattlesnakes, copper- heads, pit vipers, keelbacks, cottonmouths, and sea snakes. c. Any member of the superfamily henophidia, which are limited to reticulated pythons, anacondas, and African rock pythons; 10. Reptiles that are venomous; 11. Gila monsters; 12. Opossums; and City of Dubuque 7-6D-1 7-6D-4 13. Any crossbreed of such animals which have similar characteristics of the animals specified above. (Ord. 28-17, 6-5-2017) 7-6D-2: DOGS, CATS EXEMPTED: The provisions of this article shall not apply to domestic dogs or cats. (Ord. 76-08, 11-3-2008) 7-6D-3: KEEPING OF DANGEROUS ANIMALS RESTRICTED: No person shall keep, shelter, or harbor for any purpose within the City a dangerous animal except as provided in sections 7-6D-4, 7-6D-5, and 7-6D-7 of this article. (Ord. 76-08, 11-3-2008) 7-6D-4: EXCEPTIONS TO KEEPING AND LICENSING RESTRIC- TIONS: The prohibition contained in section 7-6D-3 of this article and the licensing provisions of section 7-6D-5 of this article shall not apply to the keeping of dangerous animals in the following circumstances: A. The keeping of dangerous animals in a public zoo, bona fide educa- tional or medical institution, humane society, or museum where they are kept as live specimens for the public to view, or for the purpose of instruction, research or study. B. The keeping of dangerous animals for exhibition to the public by a bona fide traveling circus, carnival, exhibit or show licensed to perform in the City. C. The keeping of dangerous animals in a bona fide, licensed veterinary hospital for treatment. D. The keeping of dangerous animals by a wildlife rescue organization, with appropriate permit from the Iowa Conservation Commission or the Iowa Department of Natural Resources. E. Any dangerous animals under the jurisdiction of and in the posses- sion of the Iowa Conservation Commission, pursuant to chapter 109 or 109A of the Iowa Code. F. A bona fide commercial pet shop licensed and inspected by the Iowa Department of Agriculture. Any such pet shop shall post in a con- spicuous place, the following notice: August 2017 City of Dubuque 7-6D-4 7-6D-4 August 2017 NOTICE Section 7-6D-3 of the City of Dubuque Code of Ordi- nances prohibits the keeping, sheltering or harboring for any purpose within the City of Dubuque, any dan- gerous animal, as defined in Section 7-6D-1. Danger- ous animal includes, but is not limited to, the following: 1. Lions, tigers, jaguars, leopards, cougars, lynx and bobcats; 2. Wolves, coyotes and foxes; 3. Badgers, wolverines, weasels, skunks and mink; 4. Raccoons; 5. Bears; 6. All apes, baboons, macaques, monkeys and chimpanzees; 7. Alligators and crocodiles; 8. Scorpions; 9. Snakes that are: a. Any member of the family atractaspidae, including but not limited to mole vipers and burrow- ing asps. b. Any member of the family elapidae, voperidae, crotalidae, atractaspidae, or hydrophidae which are venomous, including but not limited to cobras, mambas, coral snakes, kraits, adders, vipers, rattle- snakes, copperheads, pit vipers, keelbacks, cotton- mouths, and sea snakes. c. Any member of the superfamily henophidia, which are limited to reticulated pythons, anacondas, and African rock pythons. 10. Reptiles that are venomous; City of Dubuque 7-6D-4 7-6D-6 11. Gila monsters; 12. Opossums; and 13. Any crossbreed of such animals which have similar characteristics of the animals specified above. (Ord. 28-17, 6-5-2017) 7-6D-5: REGULATIONS FOR KEEPING: A. Keeping Animal Confined: Any person keeping, sheltering or harbor- ing a dangerous animal shall at all times keep such animal securely 1 confined within a cage or other enclosure approved by the Health Services Officer. B. Prohibited From Public Property: No person keeping, sheltering or harboring a dangerous animal shall permit or allow such animal to enter upon or traverse any public property, park property, public right-of-way, or any business establishment licensed by the City, or the property of another except when such animal is being trans- ported while caged or confined. C. Report Animal Missing: It shall be the duty of the animal keeper, shelterer or harborer to report to the City Manager/Police Depart- ment when a dangerous animal is found missing. D. Keeping Animals Which Attack Or Bite Prohibited: No person shall keep, shelter or harbor a dangerous animal which has demonstrated without provocation to attack or bite. (Ord. 76-08, 11-3-2008) 7-6D-6: GENERAL PROHIBITION AND DUTY: No person shall aid or cause any dangerous animal, whether owned by such per- son or not, to escape confinement or impoundment, whether such confine- ment or impoundment be upon such person's property or that of another by opening any gate, door or window or making any opening of any fence, enclosure or structure or by unleashing such animal. (Ord. 76-08, 11-3-2008) August 2017 City of Dubuque C 7-6D-7 7-6D-7 7-6D-7: SEIZURE, IMPOUNDMENT AND DISPOSITION OF DAN- GEROUS ANIMALS: A. Authority To Destroy: In the event that a dangerous animal is found at large upon public property, park property, public right(s)-of-way, or the property of someone other than its keeper, harborer or shelterer thereby creating a hazard to person or property, such animal may, in the discretion of the City Manager, be destroyed if it cannot be confined or captured. The City shall be under no duty to attempt the confinement or capture of dangerous animal found at large, nor shall it have a duty to notify the keeper, harborer, or shelterer of such animal prior to its destruction. B. Procedure Upon Complaint; Order Removal Of Animal: 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 sections 7-6D-3, 7-6D-5 and 7-6D-6 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, the City Manager 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 7-6D-4 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. Such order and notice to remove the dangerous animal shall not be required where the Health Services Officer determines that such dangerous animal has previously caused serious physical harm or death to any person in which case the Health Services Officer shall cause the animal to be immediately seized and impounded or killed if seizure and impoundment are not possible without risk of serious physical harm or death to any person. C. Appeal; Notice; Hearing: The order to remove a dangerous animal issued by the City Manager may be appealed to the City Council. To appeal such order, written notice of appeal stating the grounds for the appeal must be filed with the City Clerk within three (3) days after receipt of the order and notice to remove the dangerous animal. Failure to file such written notice of appeal shall constitute a waiver of the right to appeal the order of the Health Services Officer. August 2017 City of Dubuque 1 7-6D-7 7-6D-7 1. The hearing on the appeal shall be within fourteen (14) days of the filing of the notice of appeal with the City Clerk. The hearing may be continued for good cause. 2. After such hearing, the City Council may affirm or reverse the order of the City Manager. Such determination shall be contained in a written decision and shall be filed with the City Clerk within three (3) days after the hearing, or any continued session thereof. 3. If the City Council affirms the action of the City Manager, the City Council shall order in its written decision that the person sheltering, harboring, or keeping such dangerous animal, remove such animal from the City, permanently place such animal with an organization or group allowed under section 7-6D-4 of this article to possess danger- ous animals, or destroy it. The decision and order shall immediately be served upon the person against whom rendered in the same man- ner as the notice of removal. D. Seizure And Impoundment: If the order of the City Manager is not appealed and is not complied with within three (3) days of its issuance, the City Manager is authorized to seize and impound such dangerous animal. If the written decision of the City Council is not complied with within three (3) days of this issuance, the City Manager is authorized to seize and impound such dangerous animal. An animal so seized shall be impounded for a period of seven (7) days. E. Disposition Of Animal: If at the end of the impoundment period, the person against whom the decision and order of the City Manager or City Council was issued has not petitioned the Dubuque County Dis- trict Court for review of said order, the City Manager shall cause the animal to be disposed of by sale, permanently place such animal to be disposed of by sale, permanently place such animal with an organization or group allowed under section 7-6D-4 of this article to possess dangerous animals, or destroy such animal in a humane manner. (Ord. 76-08, 11-3-2008) City of Dubuque August 2017 7-6E-1 7-6E-2 SECTION: 7-6E-1: 7-6E-2: 7-6E-3: 7-6E-4: 7-6E-5: CHAPTER 6 ANIMAL CONTROL ARTICLE E. POTENTIALLY VICIOUS DOGS Definition Procedure For Declaration Of Potentially Vicious Dog Notification Of Status Of Potentially Vicious Dog Exceptions To Classification Disposition Of Potentially Vicious Dog 7-6E-1: DEFINITION: A "potentially vicious dog" is a dog that: A. When unprovoked, on two (2) separate occasions, has engaged in any behavior that has required a defensive action by any person to prevent bodily injury when the person and dog were off of the prop- erty of the owner or keeper of the dog; B. When unprovoked, has attacked or bitten a person; C. When unprovoked, has inflicted a serious injury or caused the death of a domestic animal, either on public or private property other than the property of the owner or keeper; or D. When unprovoked, chases or approaches a person or domestic ani- mal upon the streets, sidewalks, or any public or private property other than the property of the owner or keeper, in a menacing fashion or apparent attitude of attack. (Ord. 76-08, 11-3-2008) 7-6E-2: PROCEDURE FOR DECLARATION OF POTENTIALLY VICIOUS DOG: A. Basis For Declaration: The City Manager may find and declare an animal potentially vicious based upon the following: August 2017 City of Dubuque 7-6E-2 7-6E-2 1. The written complaint of a citizen that the animal has acted in a manner set forth in section 7-6E-1 of this article; 2. Dog bite reports filed with the Health Services Department; 3. Actions of the dog witnessed by any animal control officer or law enforcement officer; or 4. Other substantial evidence. B. Service Of Declaration Upon Owner: The declaration of a potentially vicious dog shall be in writing and shall be served on the owner or keeper in one (1) of the following methods: personally, by certified mail to the owner at the owner's or keeper's last known address, or if the owner or keeper cannot be served personally or by mail, by publication in a newspaper of general circulation in the County. C. Contents Of Declaration: The declaration shall state: 1. The description of the animal; 2. The name and address of the owner or keeper of the animal, if known; 3. The whereabouts of the animal, if not in the custody of the owner or keeper; 4. The facts upon which the declaration of potentially vicious dog is based; 5. The owner's or keeper's right to a hearing if the person objects to the declaration; 6. The restrictions placed upon the animal as a result of the declara- tion of potentially vicious dog; and 7. The penalties for a violation of such restrictions. 8. If the City Manager so determines, that the owner or keeper be required to have microchip identification implanted in the dog. D. Objections Of Owner: The owner or keeper may object to the declaration of potentially vicious dog by requesting a hearing before the City Manager by submitting a written request to the City Manager August 2017 City of Dubuque 7-6E-2 7-6E-3 within ten (10) days of the date of mailing of the declaration, or within ten (10) days of the publication of the declaration. 1. If the City Manager finds that there is insufficient evidence to support the declaration, it shall be rescinded, and the restrictions imposed thereby annulled. 2. If the City Manager finds sufficient evidence to support the declaration, the City Manager shall provide the owner with written notice of such determination within five (5) working days after the hearing. 3. Prior to and pending the outcome of the hearing, the owner or keeper of a dog that has been declared potentially vicious must com- ply with all conditions and restrictions set forth by the City Manager. 4. If it is determined by the animal control officer or law enforcement officer that probable cause exists to believe the dog in question poses an immediate threat to public safety, then the animal control officer or law enforcement officer may seize and impound the dog pending the hearing to be held pursuant to this article. The owner or keeper of the dog shall be liable to the City or County where the dog is impounded for the costs and expenses of keeping the dog if the dog is later determined to be potentially vicious. When a dog has been impounded and it is not contrary to public safety, the animal control officer shall permit the animal to be confined at the owner's expense in a Health Services Department approved kennel or veterinary facility. (Ord. 28-17, 6-5-2017) 7-6E-3: NOTIFICATION OF STATUS OF POTENTIALLY VICIOUS DOG: A. The owner or keeper shall immediately notify the Health Services Department when a dog which has been classified as potentially vicious: 1. Is loose or unconfined; 2. Has bitten a human being or attacked another animal; 3. Is sold or given away, or dies; or 4. Is moved to another address. August 2017 City of Dubuque 7-6E-3 7-6E-5 B. Prior to a potentially vicious dog being sold or given away, the owner or keeper shall provide the name, address and telephone number of the new owner or keeper to the Health Services Department. The new owner or keeper shall comply with all the requirements of this chapter. (Ord. 76-08, 11-3-2008) 7-6E-4: EXCEPTIONS TO CLASSIFICATION: A. No dog may be declared potentially vicious if: 1. Any injury or damage was sustained by a person who, at the time of the injury or damage was sustained, was committing a wilful tres- pass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime; 2. The dog was protecting or defending a person within the imme- diate vicinity of the dog from an unjustified attack or assault; or 3. The injury or damage was sustained by a person or a domestic animal, which at the time of the injury or damage was sustained, was teasing, tormenting, abusing or assaulting the dog. B. No dog may be declared potentially vicious if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog. (Ord. 76-08, 11-3-2008) 7-6E-5: DISPOSITION OF POTENTIALLY VICIOUS DOG: A. License And Vaccination; Fee: A potentially vicious dog shall be properly licensed and vaccinated. The potentially vicious designation shall be included in the registration records of the dog. The City may charge a potentially vicious dog fee in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the dog. B. Confinement; Restraint: A potentially vicious dog, while on the owner's or keeper's property, shall at all times be kept indoors or in a securely fenced yard from which the dog cannot escape and into which children cannot trespass. A potentially vicious animal may be August 2017 City of Dubuque 7-6E-5 7-6E-5 off the owner's or keeper's premises only if restrained by a substan- tial leash, of appropriate length, and if the dog is under the control of a responsible adult and is humanely muzzled. C. Notice Of Change Of Ownership And Location: If a potentially vicious dog dies, or is sold, transferred or permanently removed from the City, the owner or keeper of the dog shall notify the Health Services Department of the changed condition and new location of the dog in writing within two (2) working days. (Ord. 76-08, 11-3-2008) August 2017 City of Dubuque 7-6F-1 7-6F-2 SECTION: 7-6F-1: 7-6F-2: 7-6F-3: 7-6F-4: 7-6F-5: CHAPTER 6 ANIMAL CONTROL ARTICLE F. VICIOUS DOGS AND CATS Definition Procedure For Declaration Of Vicious Animal Notification Of Status Of Vicious Animal Exceptions To Classification Disposition Of Vicious Animal 7-6F-1: DEFINITION: A "vicious animal" is deemed so when it has attacked or bitten any person on more than one (1) occasion without provocation or when an attack or bite results in serious bodily injury. (Ord. 28-17, 6-5-2017) 7-6F-2: PROCEDURE FOR DECLARATION OF VICIOUS ANIMAL: A. Basis For Declaration: The City Manager may find and declare an animal vicious based upon the following: 1. When the animal has attacked or bitten any person on more than one (1) occasion without provocation or when an attack or bite results in serious bodily injury. B. Service Of Declaration Upon Owner: The declaration of a vicious ani- mal shall be in writing and shall be served on the owner or keeper in one (1) of the following methods: personally, by certified mail to the owner at the owner's or keeper's last known address, or if the owner or keeper cannot be served personally or by mail, by publication in a newspaper of general circulation in the County. C. Contents Of Declaration: The declaration shall state: 1. The description of the animal; August 2017 City of Dubuque 7-6F-2 7-6F-3 2. The name and address of the owner or keeper of the animal, if known; 3. The facts upon which the declaration of vicious animal is based; 4. The restrictions placed upon the animal as a result of the declara- tion of vicious animal; 5. The penalties for a violation of such restrictions; 6. If the City Manager so determines, that the owner or keeper be required to have microchip identification implanted in the animal; and 7. The owner or keeper must keep the vicious animal within the City and under the owner or keeper's ownership until resolution of the matter through City administration or the judicial system. D. Seizure And Impoundment: If it is determined by the animal control officer or law enforcement officer that probable cause exists to believe the animal in question poses an immediate threat to public safety, then the animal control officer or law enforcement officer may seize and impound the animal pending the resolution pursuant to this article. The owner or keeper of the animal shall be liable to the City or County where the animal is impounded for the costs and expenses of keeping the animal if the dog is determined to be vicious. (Ord. 28-17, 6-5-2017) 7-6F-3: NOTIFICATION OF STATUS OF VICIOUS ANIMAL: A. The owner or keeper shall immediately notify the City Manager when an animal which has been classified as vicious: 1. Is loose or unconfined; 2. Has bitten a human being or attacked another animal; or 3. Dies. B. A vicious animal may not be sold, given away, or moved to another location prior to resolution of the matter through City administration or the judicial system. (Ord. 28-17, 6-5-2017) August 2017 City of Dubuque 7-6F-4 7-6F-5 7-6F-4: EXCEPTIONS TO CLASSIFICATION: A. No animal may be declared vicious if: 1. Any injury or damage was sustained by a person who, at the time of the injury or damage was sustained, was committing a wilful tres- pass or other tort upon premises occupied by the owner or keeper of the animal, or was teasing, tormenting, abusing, or assaulting the animal, or was committing or attempting to commit a crime; 2. The animal was protecting or defending a person within the imme- diate vicinity of the animal from an unjustified attack or assault; or 3. The injury or damage was sustained by a person or a domestic animal, which at the time of the injury or damage was sustained, was teasing, tormenting, abusing or assaulting the animal. B. No animal may be declared vicious if the injury or damage to a domestic animal was sustained while the animal was working as a hunting dog, herding dog or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog. (Ord. 28-17, 6-5-2017) i 7-6F-5: DISPOSITION OF VICIOUS ANIMAL: A. License And Vaccination; Fee: A vicious animal shall be properly licensed and vaccinated. The vicious designation shall be included in the registration records of the animal. The City may charge a vicious animal fee in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the animal. B. Confinement; Restraint: A vicious animal, while on the owner's or keeper's property, shall at all times be kept indoors or in a securely fenced yard from which the animal cannot escape and into which people cannot trespass. A vicious animal may be off the owner's or keeper's premises only if restrained by a substantial leash, of appropriate length, and if the animal is under the control of a responsible adult and is humanely muzzled. C. Notice Of Death: If a vicious animal dies, the owner or keeper of the animal shall notify the City Manager of the death of the animal in writing within two (2) working days. (Ord. 28-17, 6-5-2017) August 2017 City of Dubuque s 9-7 9-7 SECTION: 9-7-321.256: 9-7-321.257: 9-7-321.258: 9-7-321.259: 9-7-321.260: 9-7-321.261: 9-7-321.262: 9-7-321.263: 9-7-321.264: 9-7-321.265: 9-7-321.266: CHAPTER 7 OPERATION Division 1. Traffic Signs, Signals And Markings Obedience To Official Traffic Control Devices Official Traffic -Control Signal Reserved Unauthorized Signs, Signals, Or Markings Interference With Signs, Signals, Or Devices; Unlawful Possession Reserved Division 2. Accidents Duty Of Driver When Damage Is To Vehicle Only Duty Of Driver To Give Information, Aid Duty Of Driver Upon Striking Unattended Vehicle Duty Of Driver Upon Striking Fixtures Upon Highway Reports Required Division 3. Operation Of Motorcycles And Motorized Bicycles 9-7-321.275: Motorcycles And Motorized Bicycles 9-7-321.275A: Use Of Bicycles, Motorcycles In Parks 9-7-321.276: Use Of Certain Nonmotorized Vehicles, Conveyances, And Equipment In Municipal Parking Ramps Or Lots And In Certain Other Places In City 9-7-321.276A: Electric Personal Assistive Mobility Devices Division 4. Criminal Offenses 9-7-321.277: Reckless Driving 9-7-321.277A: Careless Driving 9-7-321.278: Drag Racing Prohibited 9-7-321.279 - 9-7-321.283: Reserved 9-7-321.284: Open Containers In Motor Vehicles; Drivers 9-7-321.284A: Open Containers In Motor Vehicles; Passengers August 2017 City of Dubuque 9-7 9-7 Division 5. Speed Restrictions 9-7-321.285: Limits Generally 9-7-321.286 - 9-7-321.287: Reserved 9-7-321.288: Control Of Vehicle 9-7-321.289: Signs To Be Erected 9-7-321.290: Reserved 9-7-321.291: Speeding Violation Form 9-7-321.292 - 9-7-321.293: Reserved 9-7-321.294: Minimum Speed 9-7-321.295 - 9-7-321.296: Reserved 9-7-321.297: 9-7-321.298: 9-7-321.299: 9-7-321.300 - 9-7-321.302: 9-7-321.303: 9-7-321.304: 9-7-321.305: 9-7-321.306: 9-7-321.307: 9-7-321.311: 9-7-321.312: 9-7-321.313: 9-7-321.314: 9-7-321.315: 9-7-321.316: 9-7-321.317: 9-7-321.318: 9-7-321.319: 9-7-321.320: 9-7-321.321: 9-7-321.322: August 2017 Division 6. Driving On Right Side Of Roadway; Overtaking And Passing Driving On Right Hand Side Of Roadway; Exceptions Meeting And Turning To Right Passing Generally 9-7-321.301: Reserved Overtaking, Passing On Right Limitations On Overtaking On Left Prohibited Passing One -Way Streets Roadways Laned For Traffic Following Too Closely Division 7. Turning And Starting And Signals On Stopping And Turning Turning At Intersections Turning On Curves, Hills Starting Parked Vehicle Signals Required When Turning Turn Signal To Be Continuous Signal Required When Stopping Or Decreasing Speed Suddenly Signals To Be By Hand And Arm Or Signal Device Method Of Giving Hand And Arm Signals Division 8. Right -Of -Way Entering Intersections From Different Highways Left Turns At Intersections Entering Through Streets Stop And Yield Intersections City of Dubuque 9-7-321.256 9-7-321.257 9-7-321.323: Backing Vehicle On Highway 9-7-321.324: Operation On Approach Of Emergency Vehicles 9-7-321.324A: Funeral Processions DIVISION 1. TRAFFIC SIGNS, SIGNALS AND MARKINGS 9-7-321.256: OBEDIENCE TO OFFICIAL TRAFFIC CONTROL DEVICES: No driver of a vehicle shall disobey the instructions of any official traffic control device placed in accordance with the provisions of this title unless at the time otherwise directed by a peace officer, subject to the exceptions granted to the driver of an authorized emergency vehicle. (Ord. 44-08, 6-16-2008) 9-7-321.257: OFFICIAL TRAFFIC -CONTROL SIGNAL: A. For the purposes of this section, "stop at the official traffic -control signal" means stopping at the first opportunity at either the clearly marked stop line or before entering the crosswalk or before entering the intersection. B. Official traffic -control signals consisting of colored lights or colored lighted arrows shall regulate vehicle and pedestrian traffic in the fol- lowing manner: 1. A "steady circular red" or "steady red arrow" light means vehicular traffic shall stop. Vehicular traffic shall remain standing until a signal to proceed is shown or vehicular traffic, unless prohibited by a sign, may cautiously enter the intersection to make a right turn from the right lane of traffic or a left turn from a one-way street to a one-way street from the left lane of traffic on a one-way street onto the leftmost lane of traffic on a one-way street. Turns made under this paragraph shall be made in a manner that does not interfere with other vehicular or pedestrian traffic lawfully using the intersection. Pedestrian traffic facing a steady circular red light shall not enter the roadway unless the pedestrian can safely cross the roadway without interfering with any vehicular traffic. 2. A "steady circular yellow" or "steady yellow arrow" light means vehicular traffic is warned that the related green movement is being terminated and vehicular traffic shall no longer proceed into the intersection and shall stop. If the stop cannot be made in safety, a August 2017 City of Dubuque 9-7-321.257 9-7-321.257 vehicle may be driven cautiously through the intersection. Pedestrian traffic is warned that there is insufficient time to cross the inter- section and any pedestrian starting to cross the roadway shall yield the right-of-way to all vehicles. 3. A "steady circular green" light means vehicular traffic may proceed straight, turn right or turn left through the intersection unless otherwise specifically prohibited. Vehicular traffic shall yield the right- of-way to other vehicular and pedestrian traffic lawfully within the intersection. 4. A "steady green arrow" light shown alone or with another official traffic -control signal means vehicular traffic may cautiously enter the intersection and proceed in the direction indicated by the arrow. Vehicular traffic shall yield the right-of-way to other vehicles and pedestrians lawfully within the intersection. 5. A "flashing circular red" light means vehicular traffic shall stop and after stopping may proceed cautiously through the intersection yield- ing to all vehicles not required to stop or yield which are within the intersection or approaching so closely as to constitute a hazard, but then may proceed. 6. A "flashing yellow" light means vehicular traffic shall proceed through the intersection or past such signal with caution. 7. A "flashing yellow arrow" light shown alone or with another official traffic -control signal means vehicular traffic may cautiously enter the intersection and proceed only in the direction indicated by the arrow. Vehicular traffic shall yield the right-of-way to other vehicles and pedestrians lawfully within the intersection and any vehicle on the opposing approach which is approaching so closely as to constitute an immediate hazard during the time the driver is moving within the intersection. 8. A "don't walk" or "steady upraised hand" light is a pedestrian signal which means that pedestrian traffic facing the illuminated pedestrian signal shall not start to cross the roadway in the direction of the pedestrian signal, and pedestrian traffic in the crossing shall proceed to a safety zone. 9. A "flashing upraised hand" or "upraised hand with countdown" light is a pedestrian signal which means that pedestrian traffic facing the illuminated pedestrian signal shall not start to cross the roadway in the direction of the pedestrian signal, and pedestrian traffic in the August 2017 City of Dubuque 9-7-321.257 9-7-321.257 crossing shall proceed to a safety zone. The "upraised hand with countdown" light is a pedestrian signal that also provides the time remaining for the pedestrian to complete the crossing. 10. A "walk" or "walking person" light is a pedestrian signal which means that pedestrian traffic facing the illuminated pedestrian signal may proceed to cross the roadway in the direction of the pedestrian signal and shall be given the right-of-way by drivers of all vehicles. (Ord. 36-17, 7-17-2017) August 2017 City of Dubuque 9-14-321.721 9-14-321.722 BLOCK FACE: DWELLING UNIT: MOTOR VEHICLE: PEAK PERIOD: All the properties on one (1) side of a given street existing between two (2) consecutive intersecting streets. A building or portion of a building which is exclusively arranged, occupied, or intended to be occupied as living quarters for one (1) family, but not including dwelling units in hotels, room- ing houses, institutions, dormitories, or conva- lescent or nursing homes. A vehicle licensed as a private passenger car or a motorcycle or light pickup truck but not includ- ing any other truck or road tractor. That time interval between the hours of seven o'clock (7:00) A.M. and five thirty o'clock (5:30) P.M. daily or between such hours as requested by the petitioners during which the highest percentage of overall resident and nonresident parking utilization occurs. RESIDENT: A person who maintains a bona fide occupancy within a residential parking permit district. RESIDENTIAL A contiguous area containing public streets or DISTRICT: parts thereof abutted by residential property, or residential and nonbusiness property including, but not limited to, schools, parks, churches, hospitals, and nursing homes. RESIDENTIAL PARKING PERMIT DISTRICT: A residential area designated by ordinance as herein provided. (Ord. 44-08, 6-16-2008) 9-14-321.722: RESIDENTIAL PARKING PERMIT PROGRAM ESTAB- LISHED: There is hereby established a Residential Parking Permit Program. The procedure for being designated a residential parking permit district shall be as follows: A. Petition: 1. Required: In order to be considered for a residential parking permit district designation, a group of residents must submit a August 2017 City of Dubuque 9-14-321.722 9-14-321.722 petition to the City Manager containing the signature of an adult member of at least sixty percent (60%) 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 seven o'clock (7:00) A.M. and five thirty o'clock (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 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. 2. Exception: A petition may be considered for an area which con- tains less than four (4) adjacent block faces or fifty (50) curb parking spaces if there are extenuating conditions that render such require- ment unreasonable. Upon the recommendation of the City Manager, such requirement may be waived by the City Council if it finds that the proposed residential district is isolated or separated from other residential areas by topographical features or by commercial area. The City Council shall not grant such a waiver, however, if it deter- mines that the only basis for granting such a waiver is the convenience of the residents or if it determines that the waiver is being requested by the petitioners to prevent opposition to establish- ing a district. All other requirements of this division must be estab- lished. B. Parking Study: Upon receipt of a valid petition, the City Manager shall cause a parking study of the area identified in the petition to be conducted. A residential parking permit district may be established only if the results of the study demonstrate that both of the following criterions are satisfied during peak periods: 1. At least seventy percent (70%) of the curbside parking spaces in the proposed parking permit district were utilized during peak periods. For purposes of this criterion, a legal curbside parking space shall be twenty three (23) linear feet; and 2. At least twenty five percent (25%) of the curbside parking spaces in the proposed parking district were utilized by nonresident parkers. August 2017 City of Dubuque 9-14-321.722 9-14-321.722 For purposes of this criterion, the latest available motor vehicle registration information shall be used. C. Parking Study Report And Recommendation: Upon completion of the parking study, if the conditions of subsection B of this section are established, the City Manager shall make a report and recommenda- tion to the City Council, based upon the petition and results of the survey, on whether or not to designate the proposed parking district or a portion thereof as a residential parking permit district and the hours such restrictions are to be in effect. The recommendation shall take the following into account: 1. The effect on the safety of the residents of the proposed residen- tial parking permit district from intensive parking by nonresidents; 2. The difficulty or inability of residents of the proposed residential parking permit district to obtain adequate curbside parking adjacent to or near their residences because of widespread use of available curbside parking spaces by nonresident motorists; 3. The likelihood of alleviating, by use of the Residential Parking Permit Program, any problem of nonavailability of residential parking spaces; and 4. The desire of the residents in the proposed residential parking permit area for the institution of a residential parking permit district and the willingness of those residents to bear the cost incidental to the administration of the Residential Parking Permit Program. D. Public Hearing: Upon receipt of the report and recommendation from the City Manager, the City Council shall set a public hearing on the petition. Upon completion of the public hearing, the City Council may reject the petition or adopt an ordinance designating the permit area as a residential parking permit district and the hours such parking restrictions are to be in effect. E. Amendments: 1. Amendments to the existing districts for expansion or reduction of the district must be requested by submitting to the City Manager a petition containing the signatures of an adult member of at least sixty percent (60%) of the dwelling units in the residential area proposed for expansion or reduction to the district. August 2017 City of Dubuque 9-14-321.722 9-14-321.724 2. Amendments to the existing districts for a change in the days/ times must comply with the standards for establishment of a district. 3. An amendment to expand or reduce a district will not be considered if the proposed change will not meet the requirement of two (2) block faces unless there are extenuating conditions that render such requirement unreasonable. 4. Expansion areas of a district will inherit the same days/times for parking restrictions as the previously established district. (Ord. 33-17, 7-5-2017) 9-14-321.723: POSTING OF RESIDENTIAL PARKING PERMIT SIGNS: Following adoption of an ordinance designating a residential parking permit district, signs shall be erected in the designated area indicat- ing the hours which curbside parking in the designated area is prohibited, except Sundays and holidays, unless the vehicle properly displays a park- ing permit. (Ord. 44-08, 6-16-2008) 9-14-321.724: NOTICE TO RESIDENTS OF DESIGNATION OF RESI- DENTIAL PARKING PERMIT DISTRICT: Following adop- tion of an ordinance to designate a residential parking permit district, the parking division shall mail to every dwelling unit within the designated dis- trict the following documents: A. A notice of designation which shall inform the residents in the desig- nated area of: 1. The existence, exact location, and numerical designation of the residential parking permit district; 2. The parking restrictions applicable to all vehicle curbside parking spaces along streets in the designated area which do not properly display a parking permit authorized by this division; and 3. The procedures to obtain a residential parking permit. B. An application for residential parking permit on which the applicant is to provide the following information for each vehicle to receive a residential parking permit: 1. The name and residential address of the owner of the vehicle; August 2017 City of Dubuque 9-14-321/24 9-14-321.725 2. The name, residential address, and driver's license number of the principal operator of the vehicle; 3. The make, model, license plate number, and registration number of the vehicle; and 4. The signature of the applicant for the residential parking permit. (Ord. 44-08, 6-16-2008) 9-14-321.725: ISSUANCE OF RESIDENTIAL PARKING PERMIT: A. A residential parking permit shall be issued upon the applicant's payment of the annual 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. 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 (1) 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 estab- lished by the City Manager shall be charged may be issued to a dwelling unit wherein none of the residents own or operate a motor vehicle. (Ord. 44-08, 6-16-2008) The owner of a nonresidential building in a parking permit district which was formerly a residential building may apply for residential parking permits as provided herein. The number of permits which may be issued for such nonresidential building shall be limited to the number of permits that would have been available when the building was used for residential purposes. (Ord. 40-09, 8-3-2009) B. The residential parking permit shall be permanently affixed to the inside bottom left corner of the front windshield. Guest permits shall be displayed in the same location. Vehicles not equipped with a front windshield shall permanently affix the permit in a prominent location. August 2017 City of Dubuque 9-14-321.725 9-14-321.728 C. No residential parking permit shall be issued for a vehicle whose owner or principal operator is not a resident in the designated residential parking permit district. D. The applicant for, and holder of, the residential parking permit shall be the owner or principal operator of the vehicle receiving the parking permit. E. The holders of guest permits shall be visitors to the principal permit holder's residence. F. No residential parking permit or guest permit shall be transferred or sold to another party. (Ord. 44-08, 6-16-2008) 9-14-321.726: RENEWAL OF RESIDENTIAL PARKING PERMIT: A. The residential parking permit shall be renewed annually during the month of August and expires on August 31 of each year. B. Upon the permit holder's payment of the residential parking permit renewal fee and submission of a completed residential parking permit application, the holder shall receive a new parking permit valid for a one (1) year period. (Ord. 44-08, 6-16-2008) 9-14-321.727: TRANSFER OF RESIDENTIAL PARKING PERMIT: A. Upon the permit holder's payment of a residential parking permit transfer fee established by the City Manager, the submission of a completed residential parking permit application and the surrender of the existing residential parking permit, the permit holder shall receive a new residential parking permit to be transferred to another qualify- ing vehicle. B. The transfer of the residential parking permit to another qualifying vehicle shall not affect its expiration date. (Ord. 44-08, 6-16-2008) 9-14-321.728: RESPONSIBILITY OF PERMIT HOLDER: A. The holder of a residential parking permit or guest parking permit shall be permitted to stand or park a motor vehicle operated by such holder in the designated residential parking permit district during August 2017 City of Dubuque 9-14-321.728 9-14-321.728 such time as the parking of such vehicles therein is permitted. While such vehicle for which a residential parking permit has been issued is so parked, or a vehicle displaying a visitor permit, such permit shall be displayed as prescribed in this division. B. A residential parking permit or guest parking permit does not guaran- tee or reserve to the holder a parking space within the designated permit parking district. A parking permit does not authorize the standing or parking of any vehicle in such places and during such times as the stopping, standing, or parking of vehicles is prohibited or set aside for specific types of vehicles and does not excuse the violation of any traffic regulation in the residential parking district. C. Whenever the holder of a residential or guest parking permit, or the vehicle for which the parking permit was issued, no longer fulfills one (1) or more of the applicable provisions of this division controlling issuance, renewal, or transfer of parking permits, the holder shall so notify the Parking Division. D. Until its expiration, surrender, or revocation, a parking permit shall remain valid for such time as the holder continues to reside within the designated residential parking permit district. E. A parking permit shall be valid only in the residential parking permit district for which it is issued. (Ord. 44-08, 6-16-2008) August 2017 City of Dubuque 10-5B-1 10-5B-1 CHAPTER 5 PARKS AND RECREATION ARTICLE B. USE REGULATIONS SECTION: 10-5B- 1: Definitions 10-5B- 2: Intoxicating Beverages 10-5B- 3: Horsedrawn Vehicles, Riding Of Animals Restricted 10-5B- 4: Dogs, Cats And Other Domestic Animals 10-5B- 5: Access Limited 10-5B- 6: Throwing Stones Or Other Missiles 10-5B- 7: Interfering With Animals, Fishing 10-5B- 8: Unlawful Deposits 10-5B- 9: Obstructions 10-5B-10: Posting Bills, Notices Or Signs 10-5B-11: Sales Restricted 10-5B-12: Possession Of Weapons And Fireworks 10-5B-13: Climbing On Fences, Roofs 10-5B-14: Moving Benches And Tables 10-5B-15: Use Of Spotlights, Searchlights 10-5B-16: Meetings And Gatherings 10-5B-17: Fires h' 10-5B-18: Loosening Stones From Bluffs Prohibited 10-5B-19: Washing Vehicles 10-5B-20: Compliance With Traffic And Vehicle Laws, Ordinances 10-5B-21: Unattended Vehicles 10-5B-22: Open Season And Hours Generally 10-5B-23: Watersports, Swimming, And Wading 10-5B-24: Prohibited Activities, Signage 10-5B-1: DEFINITIONS: As used in this article, the following terms shall have the following meanings: AT LARGE: Any dog, cat or livestock, fowl or ferret found off the premises of the owner or keeper. August 2017 City of Dubuque 10-5B-1 10-5B-1 CAT: Both male and female animals in the family Felis catus whether neutered or not. CITY MANAGER: City Manager or City Manager's designee. COMMISSION OR The Park and Recreation Advisory Commission. THE COMMISSION: DOG: DOMESTICATED ANIMAL: KEEPER: LEISURE SERVICES MANAGER: MULTIPURPOSE USE TRAIL OR TRAILS: OPEN SPACES: OWNER: PARKS OR PARKWAYS: August 2017 Both male and female animals of the canine species whether neutered or not, but not includ- ing a law enforcement dog. An animal commonly referred to as a bovine, swine, sheep, goat, domesticated deer, llama, poultry, rabbit, horse, pony, mule, jenny, donkey, or hinny. A person other than the owner keeping, shelter- ing, having control or custody of or harboring an animal. Leisure Services Manager or Leisure Services Manager's designee. A hardened trail of asphalt, concrete or other impervious surface, typically ten feet (10') to twelve feet (12') wide and physically separated from the motorized vehicular traffic by an open space or barrier and either within highway pub- lic right-of-way or private property within an independent alignment for use by pedestrians, skaters, joggers, bicyclists, and City mainte- nance vehicles. Available to the public for passive recreational use in and adjacent to the City, which are under the responsibility of the commission. A person owning a cat, dog, or other animal. Parks, parkways, buildings, park roads or drive- ways, and all public service facilities or grounds, buildings and structures in and adjacent to the City, which are under the responsibility of the commission. (Ord. 42-13, 8-5-2013) City of Dubuque 10-5B-2 10-5B-2: INTOXICATING BEVERAGES: 10-5B-2 A. Possession, Consumption, Or Use Of Alcoholic Liquor, Wine, Beer, Or Other Intoxicating Beverages Prohibited: 1. The possession, consumption, or use of alcoholic liquors, wine, and beer as defined by chapter 123 of the Code of Iowa or any other intoxicating beverages is prohibited on park roadways and trails, in park and recreation facility parking lots, and in vehicles located within a park. 2. The possession, consumption, or use of alcoholic liquors, wine, and beer as defined by chapter 123 of the Code of Iowa or any other intoxicating beverages is prohibited in any public park, open space, or park and recreation facility unless specifically exempted in sub- section B of this section. B. Exemptions: 1. Locations Exempt: Subsection A2 of this section shall not apply to the possession, consumption, or use of alcoholic liquors, wine, beer, or other intoxicating beverages at: a. Alliant Energy Amphitheater events for which a special events permit has been issued under chapter 4 of this title; b. American Trust River's Edge Plaza events for which a special events permit has been issued under chapter 4 of this title; tion; c. A.Y. McDonald Park; d. Bee Branch Creek Greenway; e. Bunker Hill Golf Course; f. Eagle Point Park; g. Flora Park; h. Four Mounds Park as approved by the Four Mounds Founda- i. John G. Bergfeld Recreation Area; j. Marshall Park as approved by the Dubuque Arboretum Asso- ciation, Inc.; August 2017 City of Dubuque 10-5B-2 10-5B-4 k. McAleece Park and Recreation Complex; I. Miller -Riverview Park; m. Murphy Park; n. Port of Dubuque Marina; o. Port of Dubuque Riverwalk Trail events for which a special events permit has been issued under chapter 4 of this title; p. Veterans Park; and q. Any other park with the prior written approval of the City Manager. 2. Closed Containers: Subsection A of this section shall not apply to the transporting of closed containers of intoxicating beverages on park roadways, in parkand recreation facility parking lots, in vehicles located within the park, and the public parks and park and recreation facilities listed in subsection B1 of this section. 3. Keg Beer: Notwithstanding subsection B1 of this section, beer in containers commonly referred to as "keg beer" shall only be permit- ted by a licensed holder of a beer permit who has obtained a permit from the City Manager authorizing the use of such container. (Ord. 23-17, 5-15-2017) 10-5B-3: HORSEDRAWN VEHICLES, RIDING OF ANIMALS RE- STRICTED: Horsedrawn vehicles or the riding of horses or any other domesticated animals used for such purposes isprohibited in any park, parkway, trail, or open space unless permission is granted by the Leisure Services Manager and thereafter authorized through the issuance of a City special events permit under chapter 4 of this title. (Ord. 42-13, 8-5-2013) 10-5B-4: DOGS, CATS AND OTHER DOMESTIC ANIMALS: A. Animals Prohibited: No person shall be permitted to bring into any park, parkway, trail, or open space, any dog, cat or other domestic animal, nor shall any person permit such dog, cat or other domestic animal to run at large in any park, parkway, trail, or open space. Any August 2017 City of Dubuque 10-5B-4 10-5B-4 unattended animal shall be impounded and its owner may redeem the same upon paying the reasonable costs of such impoundment. B. Leashed Dogs And Cats Allowed In Certain Parks And Areas: 1. Notwithstanding the foregoing, leashed dogs and cats shall be permitted in the following: A.Y. McDonald Park Bee Branch Creek Greenway Granger Creek Nature Trail Heritage Trail Jaycee Trail John G. Bergfeld Recreation Area Medical Associates Greenbelt Park Miller -Riverview Park Northwest Arterial Trail Port of Dubuque Marina Port of Dubuque Riverwalk Trail Powerline Trail Pyatigorsk Park Southern Levy Trail 2. Leashed dogs and cats as allowed in subsection B1 of this section are subject to and must comply with the provisions of title 7, chapter 6 of this Code. 3. The owner or keeper must pick up and dispose of or take away the dog or cat's waste. 4. The owner or keeper is responsible for the actions of the dog or cat. C. Unleashed Pets Allowed In Pet Park: Unleashed pets shall be per- mitted in the pet park. D. Exceptions: This section does not apply to: 1. Service animals used by persons with disabilities; 2. As part of an approved and permitted special event under chapter 4 of this title; 3. Animals which are part of the Storybook Hill Petting Zoo at Franklin Delano Roosevelt Park; and August 2017 City of Dubuque tl 10-5B-4 10-5B-7 4. Animals within Eagle Point Park, Murphy Park and Flora Park which are confined to an automobile, camper, motor home (aka recreational vehicle), or other similar conveyance during the entirety of their time within the designated park(s), parkway(s), trail(s), or open space(s). (Ord. 23-17, 5-15-2017) 10-5B-5: ACCESS LIMITED: No person may proceed into or upon an area of any park, parkway, trail, or open space where any prohibitory sign is posted. (Ord. 23-17, 5-15-2017) 10-5B-6: THROWING STONES OR OTHER MISSILES: No person may throw any stone or any other missile within any park, parkway, trail, or open space. (Ord. 42-13, 8-5-2013) 10-5B-7: INTERFERING WITH ANIMALS, FISHING: A. No person shall kill, trap, tease, annoy, disturb, feed or interfere with any bird or other fowl, or animals in any park, parkway, trail, or open space. No person shall rob, injure or destroy the nest of any bird or any other fowl. B. Fishing is allowed at the following locations: A.Y. McDonald Park Bee Branch Creek Greenway Bissell Harbor Dove Harbor, Seventh Street area Dubuque Marina Harbor Heron Pond, located within Miller Riverview Park Ice Harbor John G. Bergfeld Recreation Area Maus Park Port of Dubuque Marina Schmitt Harbor 16th Street detention basin 32nd Street detention basin ponds (Ord. 23-17, 5-15-2017) August 2017 City of Dubuque 10-5B-8 10-5B-12 10-5B-8: UNLAWFUL DEPOSITS: No person shall throw, deposit, place or leave in any park, parkway, trail, or open space, any paper, rubbish, waste or refuse of any kind or nature, but shall deposit the same in the receptacles provided for such materials in the parks, parkways, trails, or open spaces. (Ord. 11-14, 2-3-2014) 10-5B-9: OBSTRUCTIONS: No person shall place or suffer to remain in any park, parkway, trail, or open space any goods, wares, merchandise or other articles in the nature of any obstruction to the free use and enjoyment of such park, parkway, trail, or open space without written permission from the Park and Recreation Advisory Commission of the City. (Ord. 11-14, 2-3-2014) 10-5B-10: POSTING BILLS, NOTICES OR SIGNS: No person shall post, paste, fasten, paint or affix any placard, bill, notice or sign upon any structure, tree, stone, fence, thing, or enclosure along or within any park, parkway, trail, or open space. (Ord. 11-14, 2-3-2014) 10-5B-11: SALES RESTRICTED: No person shall sell or offer for sale any article or service whatsoever in any park, parkway, trail, or open space. The provisions of this section shall not apply to sales of refreshments or any other articles from concession stands authorized by the commission. (Ord. 11-14, 2-3-2014) 10-5B-12: POSSESSION OF WEAPONS AND FIREWORKS: A. Prohibition: The possession of air rifles, bows and arrows, pellet guns or slingshots, or fireworks of any description by any person within the limits of any park, parkway, trail, or open space is hereby prohibited unless authorized through the issuance of a City special events permit under chapter 4 of this title. B. Deer Hunting With Bow And Arrow: 1. On City Property: Bow and arrow hunting will only be allowed on City property in accordance with the Deer Management Program adopted by the City Manager or City Manager's designee. August 2017 City of Dubuque 10-5B-12 10-5B-17 2. Exception: An exception to these rules may be granted if approved through a City of Dubuque special events permit. (Ord. 31-17, 7-5-2017) 10-5B-13: CLIMBING ON FENCES, ROOFS: No person shall climb, damage, tamper with, stand or sit on any fence, rail or any other structure not intended for such use in any park, parkway, trail, or open space. The climbing of buildings and going onto roofs, either with ladders or from the inside of the buildings through the windows or any other way is forbidden. Climbing over ledges in ledge gardens by any person is prohibited. (Ord. 11-14, 2-3-2014) 10-5B-14: MOVING BENCHES AND TABLES: No person shall move benches, seats and tables from any building or to any building in any park, parkway, trail, or open space without first securing permission of the City Manager. (Ord. 11-14, 2-3-2014) 10-5B-15: USE OF SPOTLIGHTS, SEARCHLIGHTS: It shall be unlawful for any person, except regular park employees, to operate or manipulate in any park or upon any parkway, trail, or open space any spot- light or searchlight. (Ord. 11-14, 2-3-2014) 10-5B-16: MEETINGS AND GATHERINGS: Parks, parkways, trails, open spaces, or portions thereof, are available for reservation for group gatherings during the open park season by contacting the Leisure Services Department Office. Such reservations can be made twenty three (23) months in advance. Parks, parkways, trails, open spaces, or portions thereof, shall be cleaned up after use by the party reserving the same. Litter, cans, paper, waste and refuse shall be deposited in receptacles provided therefor. (Ord. 23-17, 5-15-2017) 10-5B-17: FIRES: No person shall start any fire in any park or upon any parkway, trail, or open space, except that small fires may be made in the places in parks, parkways, trails, or open spaces provided by the City for that purpose. Every person who starts or uses any such fire is hereby charged with the duty of completely extinguishing such fire before leaving it. (Ord. 11-14, 2-3-2014) August 2017 City of Dubuque 10-5B-18 10-5B-21 10-5B-18: LOOSENING STONES FROM BLUFFS PROHIBITED: No person shall loosen stones from bluffs or roll or throw the same down the face of the bluff. (Ord. 54-06, 7-5-2006) 10-5B-19: WASHING VEHICLES: No person shall wash any motor vehicle, motorcycle or scooter in any City park, parkway, trail, or open space. (Ord. 11-14, 2-3-2014) 10-5B-20: COMPLIANCE WITH TRAFFIC AND VEHICLE LAWS, ORDINANCES: A. Motorized Vehicles: No person in a park, parkway, trail, or open space shall fail to comply with all applicable provisions of the motor vehicle laws of the State in regard to equipment and operation of motor vehicles together with such regulations as are contained in this article and other ordinances of the City. B. Non -Motorized Vehicles: Non -motorized vehicles, including, but not limited to skateboards, bicycles, scooters, and hoverboards, must comply with the provisions of section 9-7-321.275A of this Code. (Ord. 23-17, 5-15-2017) 10-5B-21: UNATTENDED VEHICLES: A. Any motor vehicle left unattended in any of the parks after closing thereof shall be deemed abandoned and the City Manager or the park ranger shall cause the same to be towed from such park and the same shall not be redeemed by the owner or the person respon- sible therefor until the reasonable towing charges and storage fees are paid. B. It shall be unlawful for a motor vehicle to stand or park in a park, parkway, trail, or open space for more than twenty four (24) hours without such vehicle being moved, unless authorized by the City Manager. C. Parking may be limited to users of parks, parkways, trails, or open spaces and the City Manager reserves the right to remove motor vehicles which are not associated with users of the parks, parkways, trails, or open spaces. (Ord. 23-17, 5-15-2017) August 2017 City of Dubuque 10-5B-22 10-5B-22 10-5B-22: OPEN SEASON AND HOURS GENERALLY: A. No person shall enter or remain in any park, parkway, trail, open space, 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. The pet park shall be open year round. C. Eagle Point Park and Louis Murphy Park shall be open for use by the public from seven o'clock (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 Delano 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'clock (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, March through November. 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, parkways, trails, open spaces, and park and recreation facilities will be open for use by the public from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. daily, unless alternate/ extended times/hours have been approved through a special events permit or conditions of a City rental reservation: August 2017 A.Y. McDonald Park Allison -Henderson Park Avon Park Burden Park Caledonia Park Cancer Survivor Park Center Grove open space City of Dubuque 10-5B-22 10-5B-22 Cleveland Park Comiskey Park Eagle Valley Park Elmwood Green Park Falk Park Flat Iron Park Flora Park Gay Park Grant Park Harvest View Park Hillcrest Park Hilltop Park Ice Harbor Park Jackson Park Jefferson Park John G. Bergfeld Recreation Area Madison Park Marna Ridge Children's Forest Medical Associates Greenbelt Oakwood Park Pet Park Pinard Park Port of Dubuque Marina Pyatigorsk Park Riley Park Rocco Buda Jr. Park Southern Park Teddy Bear Park Trolley Line Trail Usha Park Valentine Park Valley High Park Waller -Cooper Park Washington Park Welu Park Westbrook Park 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. J. The City Manager or authorized representative shall have the authority to close any or all parks, parkways, trails, open spaces, park and recreation facilities, park roadways and park parking lots August 2017 City of Dubuque 10-5B-22 10-5B-24 before scheduled closing hours at times it is deemed necessary in the interest and safety of the public. K. The following parks shall be open for use by the public twenty four (24) hours per day: Alliant Energy Amphitheater American Trust River's Edge Plaza Bee Branch Creek Greenway Granger Creek Nature Trail Heritage Trail Jaycee Trail Northwest Arterial Trail Port of Dubuque Riverwalk Trail Powerline Trail Southern Levy Trail (Ord. 23-17, 5-15-2017) 10-5B-23: WATERSPORTS, SWIMMING, AND WADING: See section 10-7-13 of this title. (Ord. 23-17, 5-15-2017) 10-5B-24: PROHIBITED ACTIVITIES, SIGNAGE: The City Manager is authorized to post signage in parks, parkways, trails, and open spaces, or any portions thereof, regulating activities within the designated area. A failure to comply with signage shall be a violation of this Code. (Ord. 23-17, 5-15-2017) August 2017 City of Dubuque 10-5C-1 10-5C-1 CHAPTER 5 PARKS AND RECREATION ARTICLE C. SPECIFIC PARKS, OPEN SPACES AND TRAILS SECTION: 10-5C-1: Specific Park Areas, Open Spaces, And Trails Described 10-5C-1: SPECIFIC PARK AREAS, OPEN SPACES, AND TRAILS DESCRIBED: Park descriptions for parks, open space descriptions for open spaces and trail descriptions for trails will be reviewed on a periodic basis and added, deleted and amended as necessary. Enforcement of use regulations will not be contingent on parks, open spaces, and trails being specifically listed in this section. The following described parcels of real estate are and will be used for public park purposes and will continue to be known as set forth below and placed under the jurisdiction of the Park and Recreation Advisory Commission: (Ord. 23-17, 5-15-2017) A.Y. McDonald Park: Blocks 1, 2, 3, 4 and 5 in River Front Subdivi- sion No. 3. Alliant Energy Amphitheater: Allison -Henderson Park: American Trust River's Edge Plaza: The area of the Port of Dubuque west of the Port of Dubuque Riverwalk Trail, south of the railroad tracks, east of Bell Street, and adjacent to the former Dubuque Star Brewery. Lots 1, 18, 19, 20, 21 and 22 of Pinehurst Sub- division in the city of Dubuque, Iowa. That area, including the flat area, steps and ramp, outside the floodwall at the Port of Dubuque at the south end of the Port of Dubuque Riverwalk Trail. City of Dubuque August 2017 10-5C-1 10-5C-1 Avon Park: Bee Branch Creek Greenway: Bunker Hill Golf Course: Burden Park: Lots 6 through 10 of Mary Ann McDaniel's Sub- division of parts of Lots 823 and 824 of A. McDaniel's Subdivision in the city of Dubuque, Iowa. The park area surrounding the 16th Street detention basin and paralleling the day lighted Bee Branch Creek. Part of Lot 2 in Highland Farms Addition; Lot 16 in Pfohl's Subdivision; Mineral Lots 189, 200, 201, 202, 210, 270, 336 and 370, and parts of Mineral Lots 190, 265 and 340, all in the city of Dubuque, Iowa. Lot 1 of Lot 1 of Lot 3 northeast quarter, Section 13, Township 89 North, Range 2 East in the city of Dubuque, Iowa. Caledonia Park: Lot 38 of Kelly's Subdivision in the city of Dubuque, Iowa. Cancer Survivor Park: Lot 21 and 22 of the Finley Home Addition. Center Grove open East one fourth of City Lot 500. space: Cleveland Park: Comiskey Park: Creek Wood Park: E.B. Lyons Prairie/ Woodland Preserve: August 2017 South two-thirds of city Lot 695 and Lots 35, 36, 37 and east 20 feet of Lot 38 of Union Addition in the city of Dubuque, Iowa. Lots 1 through 23, Lots 24 through 46 and the intervening alley in Boulevard Addition of the city of Dubuque, Iowa. Lot 2 of Timber-Hyrst Place #2 in the City of Dubuque. A. Lots 2 and 3 of the northeast one-quarter of the southeast one-quarter of section 1, township 88 north, range 2 east of fifth prime meridian; Lots 2 and 3 of the northwest one-quarter of the southwest one-quarter, Lots 2 and 3 of the northeast one-quarter of the southwest one - City of Dubuque 10-5C-1 10-5C-1 quarter, and Lot 2 of Lot 1 of the southwest one-quarter of the southwest one-quarter; of section 6, township 88 north, range 3 east of the fifth prime meridian in Dubuque County, August 2017 City of Dubuque 4 10-5C-1 10-5C-1 Maus Park: Medical Associates Greenbelt: Miller -Riverview Park: Nicholas J. Sutton Swimming Pool: Northwest Arterial Trail: Oakwood Park: Park Tree Farm: the subdivision of Lot 1 of 1 of 1 of Mineral Lot 390, Lot 2 of 1 of Mineral Lot 386 and Lot 2 of Mineral Lot 380 according to the recorded plats thereof, all in the city of Dubuque, Iowa. Lot 1-1-1 of Mineral Lot 38, Lot 2 of Section 31, Township 89 North, Range 2 East of Lands Part of Moore's Mill Slough Township 89 North, Range 2 East Part of Moore's Mill Slough in Section 31 and Section 36, Township 89 North, Range 2 East and Lot 1 Mount Carmel Subdivision. Lot 11 of Medical Associates Subdivision in the city of Dubuque, Iowa. That part of Chaplain Schmitt Memorial Island located northerly of the Dubuque greyhound racing facility and easterly of the wetlands area extending easterly an average of approximately four hundred (400) feet more or less to the Mississippi River. Part of Lots 44, 45, 46, 47, 48, 331, 332 and 333 in Ham's Addition; that part of vacated Garfield Avenue lying adjacent to Lots 45, 46, 331 and 332 in Ham's Addition; that part of vacated Summer Street lying adjacent to Lots 44, 45, 46, 47, 48, 331, 332 and 333 in Ham's Addition; and that part of the vacated alley lying adjacent to Lots 46 and 47 in Ham's Addition, all in the city of Dubuque, Iowa. A linear trail in the IDOT right of way paralleling the Northwest Arterial. Lot 2 Oakwood Park Subdivision and Lot 1 of Lot 1 of Lot 1 of Heim Subdivision, both in the city of Dubuque, Iowa. Lots 503 and 515 in Ham's Addition of the city of Dubuque, Iowa. City of Dubuque August 2017 10-50-1 Pet Park: Pinard Park: Port Of Dubuque Marina: Port Of Dubuque Riverwalk Trail: Powerline Trail: Pyatigorsk Park: Riley Park: Rocco Buda Jr. Park: Southern Levy Trail: Southern Park: Teddy Bear Park: Trolley Line Trail: August 2017 10-5C-1 Area on North Grandview Avenue, east of the Bunker Hill golf course and south of the water department pumping station. Lots 138, 139 and 140 in Glendale Addition No. 2 in the city of Dubuque, Iowa. That part of the Port of Dubuque that serves as the Marina bordered by the Ice Harbor. A linear trail area paralleling the Mississippi River and Ice Harbor in the Port of Dubuque. A linear trail running from Grandview Avenue near Murphy park to Julien Dubuque Drive. Area located at the northeast corner of Sixteenth Street and Kerper Boulevard, west of the Jaycees trail and south of the Highway 151 Bridge. Lot E of Crescent Heights Subdivision. Lot 1 of 1 of 1 of 810 A. McDaniels Subdivision. A linear trail running on the Southern Levy along the Mississippi River south of Highway 20. Beginning at the NW Corner of Lot 1 of said John Breakey's Addition; thence S46°223/4'W, 315.98 ft., along the Northwesterly line of said John Breakey's Addition; thence S81 °011/4'W, 12.72 ft.; thence S38°473/4'E, 64.04 ft.; thence S51 °121/4'W, 46.36 ft.; thence N38°473/4'W, 78.87 ft.; thence 568°573/4'W, 111.56 ft.; thence S35°45'W, 84.25 ft.; thence S42°39'E, 218.28 ft. Lot 1 of Block 19, Sunnyslopes Estates in the city of Dubuque, Iowa. A linear trail running from Mathia S Ham House to welcome area at entry of Eagle Point Park and a part of Eagle Point park. City of Dubuque 10-5C-1 Usha Park: Valentine Park: Valley High Park: Veterans Memorial Park: 10-5C-1 Lot 1 of Lot 2 of Lot 1 of Byrne's Subdivision in the city of Dubuque, Iowa. Lot 1 of the Subdivision of Lot 1 of Lot 1 of Lot 1 of McLean Heights and Lot 4 in Block 2 of Marna Ridge Estates 2 in the city of Dubuque, Iowa and Lot 1 of Roepsch Place No. 2. Lot 2 of Lot 1 of Lot 1 of Lot 1 in Mineral Lot 337 and Lot 5 in Wiegand's Subdivision, all in the city of Dubuque, Iowa. Lot 2 of Mineral Lot 382, Lots 1 and 2 of Lot 1 of Mineral Lot 383, Mineral Lot 384 and part of Lot 1 of Lot 1 of Lot 2 of Mineral Lot 385 lying south of Thirty Second Street, all in the city of Dubuque, Iowa. Waller -Cooper Park: Lots 26, 27 and 28 in Cooper Heights Addition in the city of Dubuque, Iowa. Washington Park: An area bounded on the northerly side by West Seventh Street, on the westerly side by Bluff Street, on the southerly side by West Sixth Street, and on the easterly side by Locust Street. Welu Park: Lot 22 of Sunset Park Eighth Addition to the city of Dubuque, Iowa. Westbrook Park: Approximately three (3) acres within Lot A, Block 1 of Westbrook Subdivision. (Ord. 42-13, 8-5-2013; amd. Ord. 23-17, 5-15-2017) City of Dubuque August 2017 10-7-1 10-7-2 CHAPTER 7 BOATS, BOATING AND WATERFRONT STRUCTURES SECTION: 10-7- 1: Intent 10-7- 2: Definitions 10-7- 3: Unlawful Deposits 10-7- 4: Boat Landing Areas 10-7- 5: Mooring Of Boathouses And Floats Along Waterfront 10-7- 6: Floats, Boathouses Maintained In Orderly Condition 10-7- 7: Conducting Trade Or Business In Pleasure Craft Spaces 10-7- 8: Launching, Removing Boat From Water At Public Launching Ramps 10-7- 9: Repairs To Boats At Public Launching Ramps 10-7-10: Water Operation Rules 10-7-11: Removal Of Sunken, Derelict Or Abandoned Craft 10-7-12: No Parking Areas 10-7-13: Places And Hours Of Restriction 10-7-14: Driving Over Ice 10-7-1: INTENT: The City Council desires to optimize the use of waterfront property through careful management of land and the effective maintenance of water frontage and harbors to maintain and enhance the aesthetic characteristics of the waterfront. (2007 Code § 10-1) 10-7-2: DEFINITIONS: For the purposes of this chapter: BOATHOUSE: Any structure, floating house or floating shed of any material used to enclose a boat or boats, for the purposes of housing said boat or boats. COMMERCIAL A harbor used exclusively for movement, stor- HARBOR: age, loading and unloading of commercial prod- ucts. August 2017 City of Dubuque 10-7-2 FLOAT: PLEASURE BOAT HARBOR: 10-7-7 A platform without a superstructure, anchored near a shoreline for use by boats. A harbor used exclusively for the storage and mooring of pleasure craft. (2007 Code § 10-21) 10-7-3: UNLAWFUL DEPOSITS: No person shall throw, place or otherwise deposit or cause to be deposited any material of any kind including human waste in the water or upon the shores thereof of any waterfront or upon the shores thereof in such a position that such articles, substances or materials may be washed into the water. (2007 Code § 10-22) 10-7-4: BOAT LANDING AREAS: The City Manager shall designate public boat landing areas along the municipally owned waterfront for pleasure craft and commercial vessels and mark all such public boat landing areas with suitable signs delineating their boundaries. (2007 Code § 10-23) 10-7-5: MOORING OF BOATHOUSES AND FLOATS ALONG WATERFRONT: A. No boathouses or floats shall be moored along the waterfront of the City or in the Ice Harbor, nor shall any such boathouses or floats be relocated to the waterfront or in the Ice Harbor without the written permission of the City Manager. B. Transfer of ownership of boathouses and floats owned and located along the waterfront shall be prohibited. (2007 Code § 10-27) 10-7-6: FLOATS, BOATHOUSES MAINTAINED IN ORDERLY CONDITION: All floats and boathouses moored along the waterfront of the City shall be maintained in a neat and orderly condition, properly painted and securely moored. (2007 Code § 10-28) 10-7-7: CONDUCTING TRADE OR BUSINESS IN PLEASURE CRAFT SPACES: No person shall conduct any trade or busi- ness in any pleasure craft space without first obtaining written permission to do so from the City Manager. (2007 Code § 10-30) August 2017 City of Dubuque 10-7-8 10-7-10 10-7-8: LAUNCHING, REMOVING BOAT FROM WATER AT PUB- LIC LAUNCHING RAMPS: A. No passenger shall occupy a motor vehicle being used to launch a boat at any of the public ramps. B. No passenger shall occupy a boat during the launching thereof or in the removal of the boat from the water and the pulling of the boat up the ramp. (2007 Code § 10-31) 10-7-9: REPAIRS TO BOATS AT PUBLIC LAUNCHING RAMPS: Repair work to boats and motors shall not be conducted while boats are tied to any public launching ramp except in those emergency situations where reasonable likelihood of injury to property or persons exists or would exist if the repairs were not made. (2007 Code § 10-32) 10-7-10: WATER OPERATION RULES: An owner or operator of a watercraft operating in waters under the jurisdiction of the City shall conform to the following rules: A. Careful Operation: An operator of a motorboat or watercraft shall at all times navigate such craft in a careful and prudent manner and at such a rate of speed as not to endanger the lives or property of others. B. Areas Of No Wake Speed: An owner, operator or person in com- mand or control of any powerboat shall operate the powerboat or permit it to be operated at no wake speed in any of the following areas: 1. Within one hundred feet (100') of any person in the water; 2. Within two hundred feet (200') of any quay or landing float to which boats are made fast or that is used for embarking or discharging passengers; and 3. In the Ice Harbor and Dove Harbor. C. Obstructing Public Landings: No person shall anchor a boat for fish- ing or other purposes on any body of water under the jurisdiction of the City in such a position as to obstruct access to public landings. August 2017 City of Dubuque 10-7-10 10-7-13 D. Precautions During Mooring: The operator of a boat or any other type of watercraft, when mooring the craft, shall exercise reasonable precautions to make sure that the vessel or craft will not go adrift, and that the action of the water will not cause it to injure or endanger the property of others. (2007 Code § 10-33) 10-7-11: REMOVAL OF SUNKEN, DERELICT OR ABANDONED CRAFT: The City Manager may direct the removal and destruction of any sunken, derelict or abandoned craft, float or boathouse when the City Manager determines that the same constitutes a nuisance. The owner of any such craft, float or boathouse shall remove the same when directed to do so by the City Manager. (2007 Code § 10-34) 10-7-12: NO PARKING AREAS: The City Manager is hereby author- ized and empowered to establish "no parking areas" on river - front property areas and, when any such areas shall be established by ordi- nance, and signs have been posted giving notice, it shall therefore be unlawful for the owner or operator of any motor vehicle or boat trailer to park the same in such areas. (2007 Code § 10-35) 10-7-13: PLACES AND HOURS OF RESTRICTION: A. Watersports Prohibition: No person shall ice skate or operate a vessel towing a person or persons on water skis, surfboard or similar device, nor shall any person engage in waterskiing, motorized personal watercraft operation, surfboarding (excluding paddle board- ing) or similar activity at any time in the following areas: 1. Bissell Harbor. 2. Dove Harbor, Seventh Street area. 3. Dubuque Marina Harbor. 4. Heron Pond, located within Miller Riverview Park. 5. Ice Harbor including Port of Dubuque Marina. 6. John G. Bergfeld Recreation Area. 7. Maus Park. August 2017 City of Dubuque 10-7-13 10-7-13 8. Northwest Arterial detention basin. 9. Schmitt Harbor. 10. 16th Street detention basin. 11. 32nd Street detention basin pond(s). B. Swimming And Wading: No person shall swim or wade at any time in the following areas: 1. Bee Branch Creek Greenway. 2. Bissell Harbor. 3. Dove Harbor, Seventh Street area. 4. Dubuque Marina Harbor. 5. Heron Pond, located within Miller Riverview Park. 6. Ice Harbor including Port of Dubuque Marina. 7. John G. Bergfeld Recreation Area. 8. Maus Park. 9. Miller Riverview Park. 10. Northwest Arterial detention basin. 11. Port of Dubuque Riverwalk Trail. 12. Rivers Edge Plaza. 13. Schmitt Harbor. 14. 16th Street detention basin. 15. 32nd Street detention basin pond(s). C. Schmitt Harbor And Hawthorne Street Boat Ramps: No person shall swim or ice skate within five hundred feet (500') of the Schmitt Harbor Boat Ramp and the Hawthorne Street Boat Ramp. August 2017 City of Dubuque 10-7-13 10-7-14 D. Hours: 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 waterskiing, surfboarding (excluding paddle boarding) or similar activity at any time between the hours of one-half (1/2) hour after sunset to sunrise. E. Commercial Use: Nothing herein shall prohibit access to the Ice Harbor including the Port of Dubuque Marina for commercial use of the facility. (Ord. 24-17, 5-15-2017) 10-7-14: DRIVING OVER ICE: No person shall operate a snowmobile or motor vehicle of any kind on the ice surface of any water- way. (2007 Code § 10-37) August 2017 City of Dubuque TABLE OF CONTENTS TITLE 1 Administration Dubuque City Code 1 Saving Clause 2 Definitions 3 General Penalty 4 Charter 5 Mayor And City Council 6 Rules And Procedure 6A City Officers And Employees 7 Elections, Precincts And Wards 8 Evidentiary Hearings By City Council 9 Miscellaneous Administrative Provisions 10 Emergency Succession During Disaster 11 TITLE 2 Boards And Commissions Hearings And Appeals 1 Civil Service Commission 2 Investment Oversight Advisory. Commission 3 Civic Center Advisory Commission 4 Housing Agency And Community Development Commissions 5 Municipal Housing Agency And Governing Board (Rep. by Ord. 26-09, 6-1-2009) 5A Housing Commission 5B Community Development Advisory Commission 5C Trust Fund Advisory Committee 5D Resilient Community Advisory Commission 6 Board Of Library Trustees 7 Arts And Cultural Affairs Advisory Commission 8 Sister City Relationships Advisory Commission 9 Safe Community Advisory Committee (Rep. by Ord. 65-12, 12-17-2012) 10 Cable Television Commission 11 TITLE 3 Revenue And Taxation Property Tax 1 Revitalization Areas 2 Hotel And Motel Tax 3 Economic Development 4 Industrial Projects 4A Enterprise Zone Commission (Rep. by Ord. 43-14, 6-7-2014) 4B Speculative Shell Buildings Of Community Development Organizations And For Profit Entities 4C Residential Relocation Assistance Program 4D TITLE 4 Business And License Regulations Business Licenses Generally 1 Liquor Control 2 Alcoholic Beverages 2A Liquor, Beer And Wine Licenses And Permits 2B Excursion Boat Admission Fees 3 Central Market 4 Solicitor's License 5 Pawnbrokers And Secondhand Dealers; Junk And Auto Salvage Dealers 6 Pawnbrokers And Second- hand Dealers 6A Junk Dealers And Auto Salvage Dealers 6B August 2017 City of Dubuque TITLE 4 (cont.) Vehicles For Hire And Public Transportation Nonmotorized Vehicles Motorized Vehicles For Hire .. Adult Entertainment Establish- ments Offenses 5 General Offenses 5A Drug Paraphernalia 5B 7 Crime Property 5C 7A Parental Responsibility 5D 7B Social Host Responsibility 5E Animal Control 6 8 Miscellaneous Provisions 6A Dogs And Cats 6B Rabies Control 6C Dangerous Animals 6D Potentially Vicious Dogs 6E Vicious Dogs And Cats 6F Bicycles 7 TITLE 5 Transit System Transit Advisory Board 1 TITLE 6 Health, Housing, Sanitation And Environment Health And Safety Regulations 1 Food Establishments And Hotel Sanitation 2 Ambulances 3 Nuisances 4 Noises 5 Housing Regulations (Rep. by Ord. 8-16, 4-4-2016, eff. 7-1-2016) 6 Hazardous Waste, Substances And Conditions 7 Trees And Weeds 8 Fire Prevention Regulations 9 TITLE 7 Police, Fire And Public Safety Police Department 1 Fire Department 2 Emergency Management 3 Alarm System Permits 4 August 2017 TITLE 8 Human Rights Definitions; General Provisions 1 Human Rights Commission 2 Unfair And Discriminatory Practices 3 Disability Discrimination 3A Enforcement Of Civil Rights 4 Fair Housing 5 TITLE 9 Motor Vehicles And Traffic General Provisions 1 Registration, Certification Of Title, And Proof Of Security Against Financial Liability 2 Special Antitheft Law 3 Drivers' Licenses 4 Obedience To And Effect Of Traffic Laws 5 Powers Of Local Authorities 6 Operation 7 Pedestrians' Rights And Duties 8 Special Stops Required 9 City of Dubuque TITLE 9 (cont.) Miscellaneous Rules 10 School Buses 11 Equipment 12 Size, Weight And Load 13 Parking 14 Impoundment Of Vehicles 15 Miscellaneous City Provisions 16 TITLE 10 Public Ways And Property Streets, Sidewalks And Other Public Places 1 Excavations 2 Encroachments On Public Places 3 Waste Collection Receptacles 3A Newsracks 3B Projecting Signs 3C Other Encroachments 3D Sidewalk Cafes 3E Mailboxes 3F Parades, Assemblies And Special Events 4 Parks And Recreation 5 Administration 5A Use Regulations 5B Specific Parks, Open Spaces And Trails 5C Railroads 6 Boats, Boating And Waterfront Structures 7 Valet Drop Off Parking; Permit Requirements 8 TITLE 11 Rights -Of -Way Nonfranchised Communications Systems 1 Cable Right -Of -Way Regulations .. 2 Cable Communications 2A Open Video Systems 2B Cable Television 3 Cable Franchise Agreement ... 3A Community Teleprogramming Commission (Rep. by Ord. 5-12, 2-6-2012) 3B Cable Regulatory Commission (Rep. by Ord. 5-12, 2-6-2012) 3C Rates And General Regulations 3D Cable Services Customer Service Standards 3E Gas Franchise 4 Electric Franchises 5 Interstate Power And Light Company 5A Maquoketa Valley Electric Cooperative 5B Procedure For Licensing Electric Transmission Line Companies 6 TITLE 12 Airport Administration And Enforcement 1 General Regulations 2 Airport Zoning Regulations 3 Airport Commission 4 Airport Zoning Commission 5 Airport Zoning Board Of Adjustment 6 TITLE 13 Public Utilities Water Use And Service 1 Connections 1A Water Meters 1B August 2017 City of Dubuque TITLE 13 (cont.) Rates 1C Cross Connection Control 1D Sewers And Sewage Disposal 2 Discharge Regulations 2A Private Disposal Systems; Private Haulers 2B Rates 2C Industrial Pretreatment Program 2D Fats, Oils And Greases (FOG) Program 2E Gas Main Connections 3 Stormwater Management 4 Illicit Connections And Discharges To Storm Sewer System 5 Solid Waste 6 City Or Private Collection Service 6A TITLE 14 Building And Development Building Codes 1 Building Code And Regulations 1A Residential Code 1B Energy Conservation Code . 10 Electrical Code 1D Fire Code And Regulations . 1 E Mechanical Code 1F Fuel Gas Code 1G Plumbing Code 1H Accessibility Code For Readily Achievable Changes 11 Property Maintenance Code 1J Building Construction, Demoli- tion And Moving 2 Dangerous Buildings 3 Licensing Of Vacant And/Or Abandoned Buildings 4 Historic Buildings 5 August 2017 Historic Preservation (Rep. by Ord. 52-09, 10-19-2009) 6 Condominium Conversions And Transfers To Multiple Housing Cooperative 7 Exterior Storage Containers And Storage Trailers 8 Swimming Pools 9 Signs (Rep. by Ord. 52-09, 10-19-2009) 10 Flood Areas 11 Erosion And Sediment Control . . 12 Solar Thermal Licenses 13 Solar Thermal System Permits And Inspections 14 Water 15 TITLE 15 Planning And Zoning Comprehensive Plan 1 Long Range Planning Advisory Commission 2 TITLE 16 Unified Development Code PART I. GENERAL PROVISIONS Title, Purpose And General Provisions 1 Definitions 2 PART II. LAND USE REGULATIONS Land Use General Provisions 3 Nonconformities 4 Zoning Districts 5 Overlay Districts 6 Supplemental Use Regulations 7 Zoning Board Of Adjustment Applications And Procedures 8 City of Dubuque TITLE 16 (cont.) Zoning Advisory Commission Applications And Procedures .... 9 Historic Preservation Commission Applications And Procedures ... 10 PART III. LAND DEVELOPMENT REGULATIONS Land Subdivision 11 Site Plans 12 Site Design Standards 13 Parking 14 Signs 15 INDEX City of Dubuque August 2017 13-6A-1 13-6A-2 CHAPTER 6 SOLID WASTE ARTICLE A. CITY OR PRIVATE COLLECTION SERVICE SECTION: 13-6A-1: 13-6A-2: 13-6A-3: 13-6A-4: 13-6A-5: 13-6A-6: 13-6A-7: 13-6A-8: 13-6A-9: City Manager's Authority Generally Availability Of Collection Service Frequency, Time And Areas Of Collection Placement Of Containers For Collection Ownership Of Materials; Unauthorized Collecting Prohibited Rates And Charges Established; Exceptions Charges; Billing And Collection Yard Waste And Food Scraps Private Collection Service 13-6A-1: CITY MANAGER'S AUTHORITY GENERALLY: The City Manager is hereby authorized and directed to employ City owned vehicles and equipment and the necessary operating personnel to collect solid waste, yard waste and recyclable materials and to collect fees and administer the program as provided for in this article in the City, upon the terms and conditions of this article. (2007 Code § 40-31) 13-6A-2: AVAILABILITY OF COLLECTION SERVICE: A. Class I Premises: City solid waste collection from residential prem- ises as defined in section 13-6-1 of this chapter shall be mandatory. B. Class II Premises: Class II premises not serviced by City solid waste collection services may apply to the City Manager for such collection services. The collection rate shall be determined according to the fee schedule set forth in section 13-6A-6 of this article. C. Refusal Of Service: The City Manager may refuse solid waste collec- tion service because of quantities or characteristics beyond the August 2017 City of Dubuque 13-6A-2 13-6A-4 capacity or capability to be handled efficiently or safely by City personnel and equipment. (2007 Code § 40-32) 13-6A-3: FREQUENCY, TIME AND AREAS OF COLLECTION: A. Frequency And Time Of Collection: Collections shall be made not more than once weekly at such time and in such areas of the City as shall be determined and set out in schedules prepared by the City Manager in accordance with the provisions of this article. All collec- tions shall be made between the hours of six o'clock (6:00) A.M. and nine o'clock (9:00) P.M. B. Collection Schedule: The collection schedule shall not include official City holidays unless otherwise determined by the City Manager. However, a Saturday may be substituted as the collection day to replace the collection which would otherwise be made on the day of the week the holiday occurs. C. Authority To Change Schedule: The City Manager is hereby author- ized and empowered to change or amend the collection schedules from time to time as the City Manager may deem necessary. (2007 Code § 40-33) 13-6A-4: PLACEMENT OF CONTAINERS FOR COLLECTION: A. Alleys: Where collections are made from alleys, solid waste con- tainers shall be placed in one (1) location for each dwelling, in clear view and at the owner's property line abutting the alley and on the days designated in said schedule. B. Streets: Where collections are made from the street, solid waste containers shall be placed in one (1) location for each dwelling, in clear view and in the street right-of-way on the owner's property side of the curb and on the days designated in said schedule. Such con- tainers shall be placed so as not to interfere with vehicular and pedestrian traffic and when emptied shall be promptly removed by the owner. C. Time Limit For Placement Of Containers On Streets: No person shall place solid waste or recycling at the street for collection more than twenty four (24) hours before the scheduled collection day. No person shall leave solid waste containers or recycling containers at August 2017 City of Dubuque 13-6A-4 13-6A-6 the street for more than twenty four (24) hours after the scheduled collection day. D. Early Placement: All solid waste shall be placed at the designated collection location for City collection by six o'clock (6:00) A.M. on the scheduled collection day. E. Duty When Solid Waste Not Collected: Any solid waste not in compliance with this chapter shall not be collected by the City and shall be removed by the owner within twenty four (24) hours after the scheduled collection day and stored in such a manner as not to create a health, safety or fire hazard. (Ord. 27-17, 6-5-2017) 13-6A-5: OWNERSHIP OF MATERIALS; UNAUTHORIZED COL- LECTING PROHIBITED: From the time of placement for col- lection as provided in section 13-6A-4 of this article, all solid waste and recyclable materials and recycling containers which meet the requirements of this chapter placed for collection by the City shall become and be the property of the City and it shall be a violation of this section for any person other than authorized personnel of the City to collect, pick up, or cause to be collected or picked up, any such materials. (2007 Code § 40-35) 13-6A-6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS: A. Class I Premises: Except as qualified below, a fee of fifteen dollars eleven cents ($15.11) per dwelling unit per month shall be paid to the City by the property owner of each Class I premises for such services. Said fee shall be in payment for collection and disposal of one (1) 35 -gallon can or one (1) 35 -gallon trash bag of "solid waste" as defined in this chapter. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined in this chapter. Exceptions to the collection charges for Class I premises are as follows: (Ord. 9-17, 3-7-2017, eff. 7-1-2017) 1. When a Class I premises has been vacant for a period not less than three (3) consecutive months, the owner may apply to the City Manager for a credit under procedures to be established by the City Manager. Such credit shall continue only so long as the Class I premises is vacant. 2. Class I premises when the head of the household is sixty five (65) years of age or older and has an annual income equal to or less August 2017 City of Dubuque 13-6A-6 13-6A-6 than the income standards used by HUD for its "Section 8 Housing Program" for one (1) and two (2) person households may, upon application to the City Manager, be exempted from one-half (1/2) the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. 3. In cases of extreme financial hardship, the City Manager may, and is hereby authorized and empowered to, make adjustments in the monthly collection charges as the City Manager may deem appropri- ate. In such cases, the City Manager shall have the authority to require such proof of vacancy, financial status, age or extreme hardship, as the City Manager may deem necessary. 4. Class I premises when a family household of five (5) or more persons has an annual income equal to or less than the income standards used by HUD for its "Section 8 Housing Program" for the size of that household may, upon application to the City Manager, be exempted from one-half (1/2) the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. (Ord. 4-16, 3-14-2016, eff. 7-1-2016) B. Class II Premises: 1. A fee of fifteen dollars eleven cents ($15.11) per month shall be paid to the City by the property owner of each Class II premises for such services. Said fee shall be in payment for collection and disposal of one (1) 35 -gallon can or one (1) 35 -gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. (Ord. 9-17, 3-7-2017, eff. 7-1-2017) 2. The owner of a Class II premises served by the City solid waste collection may provide the City Manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. (Ord. 4-16, 3-14-2016, eff. 7-1-2016) C. Class III Premises: 1. A fee of fifteen dollars eleven cents ($15.11) per month shall be paid to the City by the property owner of each Class III premises for such services. Said fee shall be in payment for collection and August 2017 City of Dubuque 13-6A-6 13-6A-6 disposal of one (1) 35 -gallon can or one (1) 35 -gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. (Ord. 9-17, 3-7-2017, eff. 7-1-2017) August 2017 City of Dubuque 14-1A-6 14-1A-6 f. Two (2) representatives must have knowledge of Americans With Disabilities Act regulations to represent the interests of persons with disabilities. F. Oath: Each person, upon appointment or reappointment to the board, must execute an oath of office at the first meeting of the board following the appointment or reappointment or at the City Clerk's Office any time prior to the first meeting of the board. G. Terms: The term of office for members of the board is three (3) years or until such member's successor is appointed and qualified. H. Vacancies: Vacancies must be filled in the same manner as original appointments. Officers/Organization: The board must choose annually a Chair- person and Vice Chairperson, each to serve a term of one (1) year. The Chairperson must appoint a Secretary, who need not be a mem- ber of the board. The board must fill a vacancy among its officers for the remainder of the officer's unexpired term. J. Meetings: 1. Regular Meetings: The board must meet upon call of the Chair- person, Secretary, or City Manager. 2. Special Meetings: Special meetings may be called by the Chair- person or at the written request of a majority of the members. 3. Open Meetings: All meetings must be called and held in confor- mance with the Iowa Open Meetings Law. 4. Attendance: a. In the event a member of the board has been absent for three (3) or more consecutive meetings of the board, without being excused by the Chairperson, such absence will be grounds for the board to recommend to the City Council that the position be declared vacant and a replacement appointed. b. Attendance must be entered upon the minutes of all meetings. 5. Minutes: A copy of the minutes of all regular and special meetings of the board must be filed with the City Council within ten (10) August 2017 City of Dubuque 14-1A-6 14-1A-6 working days after each meeting, or by the next regularly scheduled City Council meeting, whichever is later. 6. Quorum: For meetings where the agenda does not include the review of any Americans With Disabilities Act issues, three (3) members of the board constitute a quorum for the transaction of business. For meetings where the agenda does include the review of any Americans With Disabilities Act issues, four (4) members of the board and at least one (1) of the Americans With Disabilities Act representatives must be in attendance to constitute a quorum for the transaction of business. An affirmative vote of a majority of the members present and voting is necessary for the adoption of any motion or resolution. K. Compensation: Members serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official board business within the limits estab- lished in the City administrative policies and budget. L. Removal: The City Council may remove any member for cause upon written charges and after a public hearing. (Ord. 21-16, 6-6-2016, eff. 7-1-2016) M. Powers: The board has the following powers, duties, and responsi- bilities: 1. Any person who is aggrieved by a decision of the building official on any requirements resulting from the enforcement of the Building Code may appeal from such decision to the Building Code Board and said board shall serve as an Appeal Board. In case the aggrieved party is a member of said board, said member shall be disqualified as a member of the board acting as an Appeal Board, until the person aggrieved has been heard and a decision rendered. The appeal must be made by the person aggrieved, giving written notice of such appeal to the building official within twenty (20) days of receipt of decision from which the appeal is taken. The Building Code Board sitting as an Appeal Board shall meet not less than thirty (30) nor more than ninety (90) days after receiving such notice and render a decision within five (5) working days thereafter. Any interested party, including the building official, shall have the right to present their case to the Appeal Board, whose decision shall be final unless appealed to the District Court as provided by law. August 2017 City of Dubuque 14-1A-6 14-1A-6 The Board of Appeals may reverse or modify a decision of the build- ing official only on finding that: a. The building official had incorrectly interpreted the provision of this Code; or b. The decision of the building official creates an unnecessary hardship upon the appellant. The Board of Appeals shall require that sufficient evidence or proof be submitted to substantiate any claims made regarding the use of alternates. All appeal hearings shall be conducted in accordance with the proce- dures specified in this Code. On issues before the board involving the Americans With Disabilities Act the board may elect to seek input from Americans With Disabili- ties Act advocates in the community. If the board elects to seek input from Americans With Disabilities Act advocates in the community, the board shall consult with a minimum of two (2) individuals. (Ord. 34-17, 7-5-2017) N. Limitations Of Authority: The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this Code nor shall the board be empowered to waive requirements of this Code. In so modifying or reversing such decision of the building official, the Board of Appeals may authorize any alternate to the decision of the building official and the provisions, provided it finds the proposed material or method of construction is satisfactory for the use intended and complies with the provisions of this Code, and that the material, method, or work offered is, for the purpose intended, at least equivalent to that prescribed by this Code in suitability, strength, effectiveness, durability, fire resistance, and safety. (Ord. 21-16, 6-6-2016, eff. 7-1-2016) August 2017 City of Dubuque 14-1D-3 14-1D-3 4. Attendance: a. In the event a member of the board has been absent for three (3) or more consecutive meetings of the board, without being excused by the Chairperson, such absence will be grounds for the board to recommend to the City Council that the position be declared vacant and a replacement appointed. b. Attendance must be entered upon the minutes of all meetings. 5. Minutes: A copy of the minutes of all regular and special meetings of the board must be filed with the City Council within ten (10) working days after each meeting, or by the next regularly scheduled City Council meeting, whichever is later. 6. Quorum: Four (4) members of the board constitute a quorum for the transaction of business. The affirmative vote of a majority of the members present and voting is necessary for the adoption of any motion or resolution. K. Compensation: Members serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official board business within the limits estab- lished in the City administrative policies and budget. (Ord. 4-15, 1-5-2015) L. Removal: Except as provided in subsection J4a of this section, the City Council may remove any member for good cause. (Ord. 33-15, 5-18-2015) M. Powers: The board has the following powers, duties, and responsi- bilities: 1. Any person who is aggrieved by a decision of the building official on any requirements resulting from the enforcement of this Code may appeal from such decision to the board and the board will serve as an Appeal Board. In case the aggrieved party is a member of the board, that member is disqualified as a member of the board acting as an Appeal Board until the appeal has been heard and a decision rendered. The appeal must be made by the person aggrieved giving written notice of such appeal to the building official within twenty (20) days of receipt of the decision from which the appeal is taken. The board, sitting as an Appeal Board, must meet not less than thirty (30) nor August 2017 City of Dubuque 14-1D-3 14-1D-3 more than ninety (90) days after receiving such notice and render a decision within five (5) business days after the hearing. The decision of the board is final unless appealed to the District Court as provided by law. The board, after hearing an appeal, has the authority to: a. Uphold Decision: Uphold the decision of the building official. b. Reverse/Modify Decision: Reverse or modify the decision of the building official but only on finding that the building official incorrectly interpreted the provision of this Code. c. Limitations Of Authority: The board has no authority to inter- pret the administrative provisions of this Code nor is the board empowered to waive any requirements of this Code. In modifying or reversing a decision of the building official, the board may authorize an alternative material or method of construction, provided the board finds the proposed material or method of construction is satisfactory for the use intended and complies with the provisions of this Code and that the material or method is, for the purpose intended, at least equivalent to that prescribed by this Code in suitability, strength, effectiveness, durability, and safety. All appeals must be conducted in accordance with the procedures specified in this Code. (Ord. 34-17, 7-5-2017) August 2017 City of Dubuque 14-1F-4 14-1F-4 B. Membership: The Mechanical and Plumbing Code Board shall con- sist of seven (7) residents of the City, appointed by the City Council for a term of three (3) years or until such member's successor is appointed and qualified. Vacancies must be filled in the same manner as original appointments. 1. Special qualifications: a. Two (2) at large members; b. Five (5) members who possess a minimum of one (1) of the following requirements: minimum of five (5) years' working experi- ence in the plumbing or mechanical trade, hold a State certification as a mechanical or plumbing contractor, licensed mechanical or hydraulic engineer, or any combination thereof. c. Members must be eighteen (18) years of age or older. C. Oath: Each person, upon appointment or reappointment to the board, must execute an oath of office at the first meeting of the board following appointment or reappointment or at the City Clerk's Office any time prior to the first meeting of the board following the appointment or reappointment. D. Officers/Organization: The board must choose annually a Chair- person and Vice Chairperson, each to serve a term of one (1) year. The Code official is the Secretary of the board. The board must fill a vacancy among its officers for the remainder of the officer's unexpired term. E. Compensation: Members serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official board business within the limits estab- lished in the City administrative policies and budget. F. Disqualification Of Member: A member shall not hear an appeal in which that member has a personal, professional, or financial interest. G. Application For Appeal: 1. Any person affected by a decision of the Code official or a notice or order issued under this Code shall have the right to appeal to the Mechanical and Plumbing Code Board, provided a written application for appeal is filed within twenty (20) days after the day the decision, notice, or order was served. August 2017 City of Dubuque 14-1F-4 14-1F-4 2. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply, or an equally good or better form of construction is proposed. H. Limitations On Authority (Board Powers): 1. The board has the following powers, duties, and responsibilities: a. To advise the City Council on all Mechanical and Plumbing Code regulations and procedures. b. To serve as an appeal body for the decisions of the Code offi- cial or the Code official's designee. c. To provide for reasonable interpretations of the Mechanical and Plumbing Code. The Mechanical and Plumbing Code Board does not have the authority to waive the requirements of this Code. (Ord. 54-16, 10-17-2016) Notice Of Meeting: The board shall meet upon notice from the Chair- man, within not less than thirty (30) days and not more than ninety (90) days of the filing of an appeal, at stated periodic meetings, or at the written request of a majority of the members. (Ord. 34-17, 7-5-2017) J. Open Hearing: 1. Hearings before the board shall be open to the public and in compliance with the provisions of the Iowa Open Meetings Law. 2. The appellant, the appellant's representative, the Code official, and any person whose interests are affected shall be given an opportunity to be heard. (Ord. 54-16, 10-17-2016) K. Hearing Procedure: 1. Procedures: The board shall adopt and make available to the pub- lic through the Secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. August 2017 City of Dubuque 14-1F-4 14-1F-4 2. Quorum: Four (4) members constitute a quorum for the transac- tion of business. The affirmative vote of a majority of the members present and voting is necessary for the adoption of any motion or resolution. 3. Attendance: Members of the board shall attend at least two-thirds (2/3) of all regularly scheduled and held meetings within a twelve (12) month period. If any member does not attend such prescribed num- ber of meetings, it shall constitute grounds for the board to recommend to the City Council that the member be replaced. The attendance of all members shall be entered upon the minutes of all meetings. 4. Minutes: The Code official shall file with the City Council a copy of the minutes of each meeting of the board within ten (10) working days after each such meeting, or by the next regularly scheduled City Council meeting, whichever is later. 5. Policies: All administrative, personnel, accounting, budgetary, and procurement policies of the City shall govern the board in its opera- tions. 6. Removal: The City Council may remove any member for cause upon written charges and after a public hearing. (Ord. 34-17, 7-5-2017) L. Postponed Hearing: Either the City or the appellant may request a postponement of a hearing subject to the approval of the Code offi- cial. In no event may a postponement exceed ninety (90) days beyond the date of the appeal. M. Board Decision On Appeals: The board may, by majority vote, affirm, modify, or reverse the decision of the Code official. N. Resolution: The decision of the board shall be by resolution. A written copy shall be furnished to the appellant and placed in the board's records. O. Administration: The Code official shall take immediate action in accordance with the decision of the board. P. Court Review: Any person, whether or not a previous party to the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall August 2017 City of Dubuque 14-1F-4 14-1F-4 be made in the manner and time required by law following the filing of the decision in the office of the Code official. Q. Stays Of Enforcement: Appeals of notice and orders (other than imminent danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the Appeals Board. (Ord. 54-16, 10-17-2016) August 2017 City of Dubuque 14-1H-7 14-1H-7 b. Five (5) members who possess a minimum of one (1) of the following requirements: minimum of five (5) years' working experi- ence in the plumbing or mechanical trade, hold a State certification as a mechanical or plumbing contractor, licensed mechanical or hydraulic engineer, or any combination thereof. c. Members must be eighteen (18) years of age or older. C. Oath: Each person, upon appointment or reappointment to the board, must execute an oath of office at the first meeting of the board following appointment or reappointment or at the City Clerk's Office any time prior to the first meeting of the board following the appointment or reappointment. D. Officers/Organization: The board must choose annually a Chair- person and Vice Chairperson, each to serve a term of one (1) year. The Code official is the Secretary of the board. The board must fill a vacancy among its officers for the remainder of the officer's unexpired term. E. Compensation: Members serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official board business within the limits estab- lished in the City administrative policies and budget. F. Disqualification Of Member: A member shall not hear an appeal in which that member has a personal, professional, or financial interest. G. Application For Appeal: 1. Any person affected by a decision of the Code official or a notice or order issued under this Code shall have the right to appeal to the Mechanical and Plumbing Code Board, provided a written application for appeal is filed within twenty (20) days after the day the decision, notice, or order was served. 2. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply, or an equally good or better form of construction is proposed. H. Limitations On Authority (Board Powers): 1. The board has the following powers, duties, and responsibilities: August 2017 City of Dubuque 14-1H-7 14-1H-7 a. To advise the City Council on all Mechanical and Plumbing Code regulations and procedures. b. To serve as an appeal body for the decisions of the Code official or the Code official's designee. c. To provide for reasonable interpretations of the Mechanical and Plumbing Code. The Mechanical and Plumbing Code Board does not have the authority to waive the requirements of this Code. (Ord. 55-16, 10-17-2016) Notice Of Meeting: The board shall meet upon notice from the Chair- man, within not less than thirty (30) days and not more than ninety (90) days of the filing of an appeal, at stated periodic meetings, or at the written request of a majority of the members. (Ord. 34-17, 7-5-2017) J. Open Hearing: 1. Hearings before the board shall be open to the public and in compliance with the provisions of the Iowa Open Meetings Law. 2. The appellant, the appellant's representative, the Code official, and any person whose interests are affected shall be given an opportunity to be heard. (Ord. 55-16, 10-17-2016) K. Hearing Procedure: 1. Procedures: The board shall adopt and make available to the pub- lic through the Secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. 2. Quorum: Four (4) members constitute a quorum for the trans- action of business. The affirmative vote of a majority of the members present and voting is necessary for the adoption of any motion or resolution. 3. Attendance: Members of the board shall attend at least two-thirds (2/3) of all regularly scheduled and held meetings within a twelve (12) month period. If any member does not attend such prescribed number of meetings, it shall constitute grounds for the board to August 2017 City of Dubuque 14-1H-7 14-1H-7 recommend to the City Council that the member be replaced. The attendance of all members shall be entered upon the minutes of all meetings. 4. Minutes: The Code official shall file with the City Council a copy of the minutes of each meeting of the board within ten (10) working days after each such meeting, or by the next regularly scheduled City Council meeting, whichever is later. 5. Policies: All administrative, personnel, accounting, budgetary, and procurement policies of the City shall govern the board in its operations. 6. Removal: The City Council may remove any member for cause upon written charges and after a public hearing. (Ord. 34-17, 7-5-2017) L. Postponed Hearing: Either the City or the appellant may request a postponement of a hearing subject to the approval of the Code offi- cial. In no event may a postponement exceed ninety (90) days beyond the date of the appeal. M. Board Decision On Appeals: The board may, by majority vote, affirm, modify, or reverse the decision of the Code official. N. Resolution: The decision of the board shall be by resolution. A written copy shall be furnished to the appellant and placed in the board's records. O. Administration: The Code official shall take immediate action in accordance with the decision of the board. P. Court Review: Any person, whether or not a previous party to the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the Code official. Q. Stays Of Enforcement: Appeals of notice and orders (other than imminent danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the Appeals Board. (Ord. 55-16, 10-17-2016) August 2017 City of Dubuque 14-1J-2 14-1J-2 6. Licensed Rental Units: a. All rental units are subject to regular inspection and follow up re- inspection as necessary. b. Not less than seven (7) calendar days prior to a scheduled inspec- tion, the city will by regular mail to the license holder and any known tenants notice of the date and time of a scheduled inspection. If the license holder or an authorized representative of the license holder is not present at the time of the scheduled inspection and the ( inspector is unable to obtain entry to the rental unit, a second inspection will be scheduled. (1) The license holder may cancel a scheduled inspection once with- out payment of a rescheduling fee, provided the city manager or the city manager's designee is notified of the cancellation not less than two (2) business days prior to the scheduled inspection. Section 106.2. Notice Of Violation. Amended to read: 106.2. Notice Of Violation. A notice of violation is not required in every situation and city staff may issue a municipal infraction without previously issuing a notice of violation. The code official may serve a notice of violation or order in accordance with section 107. Section 107.1. Notice To Person Responsible. Amended to read: 107.1. Notice To Person Responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice may be given in the manner prescribed in sections 107.2 and 107.3 to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with section 108.3. Section 111.1. Application For Appeal. Amended to read as follows: 111.1. Application For Appeal. A. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the applicable board of appeals, provided a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this August 2017 City of Dubuque 14-1J-2 14-1J-2 code do not fully apply, or the requirements of this code are ade- quately satisfied by other means. B. There will be two boards for hearing appeals on matters covered by the property maintenance code. 1. The building code advisory and appeal board will hear appeals related to matters under the purview of the building services department including, but not limited to residential, multi -residential, commercial, and industrial property. The building code advisory and appeal board will use the provisions of 14-1A-6 of the city of Dubuque code of ordinances for the handling of appeals. 2. The housing board of appeals will hear appeals related to matters under the purview of the housing & community development depart- ment, including but not limited to residential property and rental housing. The housing board of appeals will use the provisions of 14-1J-7 of the city of Dubuque code of ordinances for the handling of appeals. (Ord. 30-16, 6-20-2016, eff. 7-1-2016) Sections 111.2 through 111.8 replaced with city of Dubuque code of ordi- nances section 14-1J-7 when under the purview of the Housing Department and section 14-1A-6 of the city of Dubuque code of ordinances when under the purview of the Building Services Department. (Ord. 34-17, 7-5-2017) Section 202. Definitions. Amended to add definitions for building official, elevated blood level and lead based paint and modify the definition of code official and habitable space: Building Official. See "Code Official". Code Official. The officer, officers, or other designated authorities charged with the administration and enforcement of this code, or a duly authorized representative. Any reference to "building official" in this code refers to "code official". Elevated Blood Level. A confirmed concentration of lead in whole blood of 20 .g/dI (micrograms of lead per deciliter of whole blood) or greater for a single test; or of 15-19 .g/dI in two (2) consecutive tests three (3) to four (4) months apart. August 2017 City of Dubuque 14-1J-2 14-1J-2 Habitable Space. Space in a structure for living, sleeping, or eating. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces. Lead Based Paint. A paint surface, whether or not defective, identi- fied as having a lead content greater than or equal to one mg/cm2 August 2017 City of Dubuque r i 14-1J-7 14-1J-7 H. Limitations On Authority (Board Powers): 1. The board has the following powers, duties, and responsibilities: a. To advise the City Council on all property maintenance matters under the purview of the Housing and Community Develop- ment Department. b. To serve as an appeal body for the decisions of the Code offi- cial. c. To provide for reasonable interpretations of the Property Maintenance Code on matters under the purview of the Housing and Community Development Department. The Housing Board of Appeals does not have the authority to waive the requirements of this Code. (Ord. 30-16, 6-20-2016, eff. 7-1-2016) I. Notice Of Meeting: The board shall meet upon notice from the Chair- man, within not less than ten (10) days and not more than ninety (90) days of the filing of an appeal, at stated periodic meetings, or at the written request of a majority of the members. (Ord. 34-17, 7-5-2017) J. Open Hearing: 1. Hearings before the board shall be open to the public and in compliance with the provisions of the Iowa Open Meetings Law. 2. The appellant, the appellant's representative, the Code official, and any person whose interests are affected shall be given an opportunity to be heard. (Ord. 30-16, 6-20-2016, eff. 7-1-2016) K. Hearing Procedure: 1. Procedure: The board shall adopt and make available to the public through the Secretary procedures under which a hearing will be con- ducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. 2. Quorum: Three (3) members constitute a quorum for the transac- tion of business. The affirmative vote of a majority of the members present and voting is necessary for the adoption of any motion or resolution. August 2017 City of Dubuque 14-1J-7 14-1J-7 3. Attendance: Members of the board shall attend at least two-thirds (2/3) of all regularly scheduled and held meetings within a twelve (12) month period. If any member does not attend such prescribed number of meetings, it shall constitute grounds for the board to recommend to the City Council that the member be replaced. The attendance of all members shall be entered upon the minutes of all meetings. 4. Minutes: The City Manager shall file with the City Clerk a copy of the minutes of each meeting of the board within ten (10) working days after each such meeting. 5. Policies: All administrative, personnel, accounting, budgetary, and procurement policies of the City shall govern the board in its opera- tions. 6. Removal: Except as provided in subsection K3 of this section, the City Council may remove any member for good cause. (Ord. 34-17, 7-5-2017) L. Postponed Hearing: Either the City or the appellant may request a postponement of a hearing subject to the approval of the Code offi- cial. In no event may a postponement exceed ninety (90) days beyond the date of the appeal. M. Board Decision On Appeals: The board may, by majority vote: 1. Affirm the decision of the Code official; 2. Reverse the decision of the Code official; or 3. Modify the decision of the Code official: a. Modification Of Deadline: The Housing Board of Appeals may not approve an extension of a deadline which exceeds nine (9) months from the date of the notice of violation. Conditions under which a deadline will be extended must be in writing and on file in the Housing and Community Development Department. b. Modification To Allow Variance: Conditions under which a variance will be granted must be in writing and on file in the Housing and Community Development Department. August 2017 City of Dubuque 14-1J-7 14-1J-7 N. Resolution: The decision of the board shall be by resolution. A written copy shall be furnished to the appellant and placed in City records. O. Administration: The Code official shall take immediate action in accordance with the decision of the board. P. Court Review: Any person, whether or not a previous party to the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the Code official. (Ord. 30-16, 6-20-2016, eff. 7-1-2016) August 2017 City of Dubuque 14-4-1 14-4-1 CHAPTER 4 LICENSING OF VACANT AND/OR ABANDONED BUILDINGS SECTION: 14-4- 1: Definitions 14-4- 2: Vacant And/Or Abandoned Building License 14-4- 3: Registration 14-4- 4: Fees 14-4- 5: Terms Of Licenses 14-4- 6: Inspections 14-4- 7: Renewal Licenses 14-4- 8: Renewal, Penalty For Failure To Renew License 14-4- 9: Revocation, Reinstatement Measures 14-4-10: Relationship Of License To Other Codes 14-4-1: DEFINITIONS: For the purpose of this chapter, certain terms, phrases, words and their derivatives shall be construed as specified in either this chapter or as specified in the Building Code or the Property Maintenance Code. Where terms are not defined, they shall have their ordinary accepted meanings within the context in which they are used. Unless otherwise expressly stated or unless the context clearly indicates a different intent, the following terms shall, for the purpose of this chapter, have the following meanings: ABANDONED Any building or portion thereof which has stood BUILDING: with an incomplete exterior shell for six (6) months or longer which meets one (1) or more of the following criteria: A. Is unsecured; B. Is unoccupied; or C. Is in violation of the International Property Maintenance Code, International Building Code, or International Fire Code adopted by the City of Dubuque. August 2017 City of Dubuque 14-4-1 14-4-1 BUILDING CODE: The International Building Code promulgated by the International Code Council, as adopted in section 14-1A-1 of this title. CITY MANAGER: Includes the City Manager's designee. DANGEROUS Any building or structure which has any or all of BUILDING: the conditions or defects hereinafter described; provided, that such conditions or defects exist to the extent that the life, health, property or safety of the public or the occupants of the building are endangered: August 2017 A. Whenever any door, aisle, passageway, stairway or other means of exit is not of suffi- cient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. B. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. C. Whenever the stress in any materials, mem- ber or portion thereof, due to all dead and live loads, is more than one and one-half (11/2) times the working stress or stresses allowed in the Building Code for new buildings of similar struc- ture, purpose or location. D. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. E. Whenever any portion or member or appurte- nance thereof is likely to fail, or to become City of Dubuque 14-4-1 14-4-4 G. Open to vagrants, vandals, children or the unwary; or H. Not receiving service by public utilities. (Ord. 31-16, 6-20-2016, eff. 7-1-2016; amd. Ord. 32-17, 7-5-2017) 14-4-2: VACANT AND/OR ABANDONED BUILDING LICENSE: No person or business shall maintain a vacant or abandoned building as defined by this chapter, in the City unless such person or business holds a current unrevoked abandoned or vacant building license, issued by the City Manager, in the name of the owner/operator for the specific named building. (Ord. 44-07, 8-6-2007) 14-4-3: REGISTRATION: A. Registration Required: The owner shall register a vacant or aban- doned building with the City Manager not later than thirty (30) calendar days after any building in the City becomes abandoned or vacant as defined in this chapter. Failure to register an abandoned or vacant building or providing false information to the City Manager shall be a violation of this chapter. B. Information: The registration shall include the following information: 1. A description of the premises; 2. The names and addresses of the owner or owners; 3. The names and addresses of all known lien holders and all other parties with an ownership interest in the building; 4. The name of the agent designated to act on the behalf of an out of town property owner to accept legal processes and notices, and to authorize repairs as required; and 5. The period of time the building is expected to remain vacant and/or a plan and timetable to comply with applicable City codes. (Ord. 44-07, 8-6-2007) 14-4-4: FEES: The owner of a vacant or abandoned building shall pay an annual fee reasonably related to the administrative cost of August 2017 City of Dubuque 14-4-4 14-4-7 registering and processing the registration form and the costs of the City in monitoring and inspecting the property as established by the City Manager and shall be paid in full prior to the issuance of any permits or acceptance of the registration form for the subject property. (Ord. 44-07, 8-6-2007) 14-4-5: TERMS OF LICENSES: A. License Term: Every license issued under this chapter shall expire on December 31 of the year in which issued and shall become delin- quent on March 31 of the year due. B. Application For Renewal: Upon application, a license may be renewed and remain effective for successive periods of one (1) calendar year unless sooner revoked at any time by the City Manager for noncompliance with any applicable provisions of this Code. C. Transfer: Licenses may be transferred from one person or business to another, provided notice of the transfer is given in writing within five (5) working days of the transfer, to the City Manager. D. Nontransferable From Building To Building: Licenses shall not be transferable from one building to another. E. Notify City Of Transfer Or Disposal: Every person or business holding a license shall give notice in writing to the City Manager within five (5) working days after having transferred or otherwise disposed of the legal control of the licensed building. Such notice shall include the name and address of the persons or businesses succeeding to the ownership or control of such licensed building. (Ord. 44-07, 8-6-2007) 14-4-6: INSPECTIONS: The owner shall allow inspection of the building by City representatives upon request and shall allow annual inspection of the interior and exterior of the premises for the purpose of enforcing and assuring compliance with the provisions of this chapter and the Housing, Building and Fire Codes. (Ord. 44-07, 8-6-2007) 14-4-7: RENEWAL LICENSES: The City Manager is hereby author- ized to issue and renew vacant or abandoned building licenses for specific buildings, in the names of the applicant owners, operators or managers, provided the following criteria are met: August 2017 City of Dubuque -A- -A- AIRPORT (cont.) Airport Zoning Commission Commission Created 12-5-1 Compensation 12-5-11 Internal Organization And Rules 12-5-3 Meetings 12-5-10 Membership 12-5-5 Oath 12-5-6 Officers; Organization 12-5-9 Powers 12-5-13 Procedures For Operation 12-5-4 Purpose 12-5-2 Removal 12-5-12 Terms 12-5-7 Vacancies 12-5-8 Airport Zoning Regulations Conflicting Regulations 12-3-7 Definitions 12-3-2 Enforcement 12-3-6 Height Limitations 12-3-4 Land And Nonconforming Use Restrictions 12-3-5 Short Title 12-3-1 Zones 12-3-3 General Regulations Government Regulations Adopted 12-2-2 Name 12-2-1 Off Airport Car Rental Business 12-2-5 Parking Lots Established; Fees 12-2-6 Permits Required 12-2-3 Violations; Ejection Of Offenders 12-2-4 ALARM SYSTEM PERMITS Application For Permit 7-4-3 Assistance Provided 7-4-8 Definitions 7-4-1 Duties Of Chief Of Police 7-4-7 Permit Fees 7-4-4 Permit Required 7-4-2 Prohibited Acts 7-4-9 Revocation Of Permit 7-4-5 Service Charges 7-4-6 ALCOHOLIC BEVERAGES (See Also LIQUOR CONTROL) 4-2A AMBULANCES Ambulance Service Rates 6-3-1 Service Area 6-3-2 August 2017 City of Dubuque -A- -A- ANIMAL CONTROL Animals In Parks 10-5B-3, 10-5B-4, 10-5B-7 Dangerous Animals Definitions 7-6D-1 Dogs, Cats Exempted 7-6D-2 Exceptions To Keeping And Licensing Restrictions 7-6D-4 General Prohibition And Duty 7-6D-6 Keeping Of Dangerous Animals Restricted 7-6D-3 Regulations For Keeping 7-6D-5 Seizure, Impoundment And Disposition Of Dangerous Animals 7-6D-7 Dogs And Cats Definitions 7-6B-1 Directing Dog With Malicious Intent 7-6B-8 Female Dogs In Season 7-6B-6 Harboring Vicious Dog Or Cat 7-6B-4 Impoundment, Redemption And Disposition Of Unclaimed Animals 7-6B-10 Keeping Domestic Animals On Unoccupied Residential Property Or In Dangerous Buildings Prohibited 7-6B-3 Licensing; Tags And Fees 7-6B-2 Nuisance 7-6B-5 Running At Large 7-6B-7 Use Of Dog In Illegal Activity Prohibited 7-6B-9 Miscellaneous Provisions Restrictions On Maintaining Livestock 7-6A-2 Sale Of Baby Chickens And Ducklings 7-6A-1 Storage Of Animal Food 7-6A-3 Nuisance Conditions 6-4-3 Potentially Vicious Dogs Definition 7-6E-1 Disposition Of Potentially Vicious Dog 7-6E-5 Exceptions To Classification 7-6E-4 Notification Of Status Of Potentially Vicious Dog 7-6E-3 Procedure For Declaration Of Potentially Vicious Dog 7-6E-2 Rabies Control Confinement Authorized 7-6C-2 Notification To Police Or City Manager Of Dead Animals 7-6C-4 Prohibited Actions After Mayor's Proclamation Of Emergency 7-6C-6 Punishment For Harboring Known Rabid Dog, Cat Or Other Domestic Animal 7-6C-5 Reporting Rabies; Notice To City Manager 7-6C-3 Vaccination Required 7-6C-1 August 2017 City of Dubuque 1 -A- -B- ANIMAL CONTROL (cont.) Vicious Dogs And Cats Definition 7-6F-1 Disposition Of Vicious Animal 7-6F-5 Exceptions To Classification 7-6F-4 Notification Of Status Of Vicious Animal 7-6F-3 Procedure For Declaration Of Vicious Animal 7-6F-2 APPEALS (See Also HEARINGS AND APPEALS) 2-1 ARTS AND CULTURAL AFFAIRS ADVISORY COMMISSION Commission Created 2-8-1 Compensation 2-8-11 Cooperation With Other Agencies 2-8-14 Internal Organization And Rules 2-8-3 Meetings 2-8-10 Membership 2-8-5 Oath 2-8-6 Officers/Organization 2-8-9 Powers 2-8-13 Procedures For Operation 2-8-4 Purpose 2-8-2 Removal 2-8-12 Solicitation And Acceptance Of Donations 2-8-15 Terms 2-8-7 Vacancies 2-8-8 ASSEMBLIES (See Also PARADES, ASSEMBLIES AND SPECIAL EVENTS) 10-4 ATTORNEY, CITY 1-7-6 B BEER (See Also LIQUOR CONTROL) 4-2B BICYCLES Abandoned, Unlicensed, And Unattended Bicycles 7-7-19 Altering, Counterfeiting Of Registration Sticker Or Decal Prohibited 7-7-35 Bicycle Dealers And Repair Shops 7-7-37 Bicycle In Crosswalk 7-7-18 Bicycle Not To Pass In Or Between Lanes 7-7-16 Bicycle Parking 7-7-10 Bicycle Parking Required 16-14-9 Bicycle Records 7-7-32 Bicycle To Be Driven To The Right 7-7-11 Bicycle Turn Signals 7-7-12 Bicycles; Motor Vehicles And Traffic 9-1-321.2C City of Dubuque August 2017 -B- -B- BICYCLES (cont.) Clinging To Vehicles 7-7-8 Definitions 7-7-5 Equipment 7-7-6 Following Fire Apparatus 7-7-9 Intent And Purpose 7-7-1 Left Turns By Bicycles 7-7-13 Parking Lot Provisions For Bicycle Parking 16-13-3-5-1 Passing On Right 7-7-14 Passing Within Lane Prohibited 7-7-15 Reckless Operator Of A Bicycle 7-7-20 Registration Fees 7-7-31 Registration Required 7-7-30 Registration Sticker Or Decal 7-7-33 Rental Agencies 7-7-36 Replacement Of Registration Sticker Or Decal 7-7-34 Required Method Of Riding A Bicycle 7-7-7 Riding Abreast 7-7-17 Violation 7-7-38 BOARD OF LIBRARY TRUSTEES Annual Reports 2-7-15 Board Created 2-7-1 Compensation 2-7-11 Charge Of Building, Donations 2-7-14 Internal Organization And Rules 2-7-3 Meetings 2-7-10 Membership 2-7-5 Oath 2-7-6 Officers/Organization 2-7-9 Powers 2-7-13 Procedures For Operation 2-7-4 Purpose 2-7-2 Removal 2-7-12 Terms 2-7-7 Vacancies 2-7-8 BOARDS AND COMMISSIONS Airport Commission 12-4 Airport Zoning Board Of Adjustment 12-6 Airport Zoning Commission 12-5 Arts And Cultural Affairs Advisory Commission 2-8 Board Of Library Trustees 2-7 Building Code And Advisory Appeals Board 14-1A-6 Cable Television Commission 2-11 Civic Center Advisory Commission 2-4 Civil Service Commission 2-2 Electrical Code Board 14-1D-3 August 2017 City of Dubuque -B- -B- BOARDS AND COMMISSIONS (cont) Hearings And Appeals 2-1 Historic Preservation Commission 16-10 Housing Agency And Community Development Commissions 2-5 Community Development Advisory Commission 2-5C Housing Commission 2-5B Trust Fund Advisory Committee 2-5D Housing Board Of Appeals 14-1J-7 Human Rights Commission 8-2 Investment Oversight Advisory Commission 2-3 Long Range Planning Advisory Commission 15-2 Mechanical And Plumbing Code Board 14-1F-4, 14-1H-7 Park And Recreation Advisory Commission 10-5A-2 Resilient Community Advisory Commission 2-6 Sister City Relationships Advisory Commission 2-9 Transit Advisory Board 5-1 Zoning Advisory Commission 16-9 Zoning Board Of Adjustment 16-8 BOATS, BOATING AND WATERFRONT STRUCTURES Boat Landing Areas 10-7-4 Conducting Trade Or Business In Pleasure Craft Spaces 10-7-7 Definitions 10-7-2 Driving Over Ice 10-7-14 Floats, Boathouses Maintained In Orderly Condition 10-7-6 Intent 10-7-1 Launching, Removing Boat From Water At Public Launching Ramps 10-7-8 Mooring Of Boathouses And Floats Along Waterfront 10-7-5 No Parking Areas 10-7-12 Places And Hours Of Restriction 10-7-13 Removal Of Sunken, Derelict Or Abandoned Craft 10-7-11 Repairs To Boats At Public Launching Ramps 10-7-9 Unlawful Deposits 10-7-3 Water Operation Rules 10-7-10 August 2017 City of Dubuque MOTOR VEHICLES AND TRAFFIC (cont.) Obedience To And Effect Of Traffic Laws All -Terrain Vehicles; Highway Use 9-5-321.234A Obedience To Peace Officers Required 9-5-321.229 Privileges Of Authorized Emergency Vehicles 9-5-321.231 Operation Accidents Duty Of Driver To Give Information, Aid 9-7-321.263 Duty Of Driver Upon Striking Fixtures Upon Highway 9-7-321.265 Duty Of Driver Upon Striking Unattended Vehicle . 9-7-321.264 Duty Of Driver When Damage Is To Vehicle Only . 9-7-321.262 Reports Required 9-7-321.266 Criminal Offenses Careless Driving 9-7-321.277A Drag Racing Prohibited 9-7-321.278 Open Containers In Motor Vehicles; Drivers 9-7-321.284 Open Containers In Motor Vehicles; Passengers . 9-7-321.284A Reckless Driving 9-7-321.277 Driving On Right Side Of Roadway; Overtaking And Passing Driving On Right Hand Side Of Roadway; Exceptions 9-7-321.297 Following Too Closely 9-7-321.307 Limitations On Overtaking On Left 9-7-321.303 Meeting And Turning To Right 9-7-321.298 One -Way Streets 9-7-321.305 Overtaking, Passing On Right 9-7-321.302 Passing Generally 9-7-321.299 Prohibited Passing 9-7-321.304 Roadways Laned For Traffic 9-7-321.306 Operation Of Motorcycles And Motorized Bicycles Electric Personal Assistive Mobility Devices 9-7-321.276A Motorcycles And Motorized Bicycles 9-7-321.275 Use Of Bicycles, Motorcycles In Parks 9-7-321.275A Use Of Certain Nonmotorized Vehicles, Conveyances, And Equipment In Municipal Parking Ramps Or Lots And In Certain Other, Places In City 9-7-321.276 Right -Of -Way Backing Vehicle On Highway 9-7-321.323 Entering Intersections From Different Highways . . 9-7-321.319 Entering Through Streets 9-7-321.321 Funeral Processions 9-7-321.324A Left Turns At Intersections 9-7-321.320 Operation On Approach Of Emergency Vehicles 9-7-321.324 Stop And Yield Intersections 9-7-321.322 August 2017 City of Dubuque -M- -M- MOTOR VEHICLES AND TRAFFIC (cont.) Speed. Restrictions Control Of Vehicle 9-7-321.288 Limits Generally 9-7-321.285 Minimum Speed 9-7-321.294 Signs To Be Erected 9-7-321.289 Speeding Violation Form 9-7-321.291 Traffic Signs, Signals And Markings Interference With Signs, Signals, Or Devices; Unlawful Possession 9-7-321.260 Obedience To Official Traffic Control Devices 9-7-321.256 Official Traffic -Control Signal 9-7-321.257 Unauthorized Signs, Signals, Or Markings 9-7-321.259 Turning And Starting And Signals On Stopping And Turning Method Of Giving Hand And Arm Signals 9-7-321.318 Signal Required When Stopping Or Decreasing Speed Suddenly 9-7-321.316 Signals Required When Turning 9-7-321.314 Signals To Be By Hand And Arm Or Signal Device 9-7-321.317 Starting Parked Vehicle 9-7-321.313 Turn Signal To Be Continuous 9-7-321.315 Turning At Intersections 9-7-321.311 Turning On Curves, Hills 9-7-321.312 Parking Generally Alternate Side Street Parking 9-14-321.627 Backing For Purposes Of Parking In Business Districts 9-14-321.613 Bus Stops Or Passenger Zones 9-14-321.605 Loading And Unloading In Business Districts 9-14-321.610 Loading Zones 9-14-321.601 Parallel Parking Required; Exceptions For Angle Parking 9-14-321.604 Parking For Purposes Of Sale Or Storage Prohibited; Special Permits Authorized 9-14-321.614 Parking In Alleys 9-14-321.618 Parking In Fire Lanes 9-14-321.611 Parking In Front Of Others' Residences 9-14-321.607 Parking In Parking Lots 9-14-321.612 Parking Of Advertising Vehicles 9-14-321.615 Parking On Private Property Without Consent ... 9-14-321.620 Parking Prohibited On Designated Streets Or Portions Thereof 9-14-321.602 August 2017 City of Dubuque -0- -0- OFFENSES Crime Property Definitions 7-5C-1 Effect Of Notice 7-5C-7 Notice 7-5C-5 Preenforcement Procedure 7-5C-3 Procedure For Enforcement 7-5C-4 Service Of Notice 7-5C-6 Specified Crime Property Prohibited 7-5C-2 Drug Paraphernalia Drug Paraphernalia Defined 7-5B-1 Prohibited Acts 7-5B-2 Sniffing Glue Or Other Chemical Substances 7-5B-4 Under The Influence Of Controlled Substance 7-5B-3 General Offenses Advertising Materials; Billposting; Littering 7-5A-5 Aggressive Panhandling Prohibited 7-5A-17 Criminal Mischief 7-5A-12 Defacing Notices 7-5A-6 Disorderly Conduct 7-5A-1 False And Fraudulent Reports 7-5A-3 False Representation Of Records Or Processes 7-5A-4 Hunting And Target Practice Permitted 7-5A-16 Loitering For Illegal Purposes 7-5A-7 Offenses Relating To Officers And Employees 7-5A-2 Professional Boxing Elimination Tournaments 7-5A-13 Projectiles, Slingshots, Knuckles Of Metal Or Other Material, Other Weapons, And Fireworks 7-5A-10 Public Urination Or Defecation 7-5A-9 Ringing Of Bells Or Gongs 7-5A-8 Tobacco Products To Underage Persons 7-5A-15 Unauthorized Computer Access 7-5A-11 Underage Persons Entering Gambling Facilities 7-5A-14 Unlawful Assembly 7-5A-18 Parental Responsibility Definitions 7-5D-1 Penalties 7-5D-4 Reasonable Control Over Minor 7-5D-2 Violation 7-5D-3 Social Host Responsibility Affirmative Defense 7-5E-6 Definitions 7-5E-2 Enforcement 7-5E-9 Evidence Of Possession And Consumption 7-5E-7 Exemption 7-5E-5 Penalties 7-5E-8 August 2017 City of Dubuque -0- -P- OFFENSES (cont.) Prohibited Acts 7-5E-4 Purpose 7-5E-1 Severability 7-5E-10 Social Host Duties 7-5E-3 OFFICE ZONING DISTRICTS 16-5-7, 16-5-8, 16-5-9 OFFICERS AND EMPLOYEES, CITY Bonds Of Officers And Employees 1-7-1 City Attorney 1-7-6 City Clerk And Assistant City Clerk 1-7-5 City Manager 1-7-4 Deposits Of City Funds 1-7-2 Finance Director -City Treasurer 1-7-7 Offenses Relating To Officers And Employees 7-5A-2 Transfer Of Records And Property To Successor 1-7-3 OPEN VIDEO SYSTEMS (See Also CABLE RIGHT-OF-WAY REGULATIONS) 11-2B ORDINANCES AND RESOLUTIONS Effect Of Repeal Of Ordinance 1-6A-2 Ordinances, Resolutions And Motions 1-6A-12 P PARADES, ASSEMBLIES AND SPECIAL EVENTS Assemblies 10-4-2 Definitions 10-4-1 Parades And Special Events 10-4-3 Private Property 10-4-4 PARKING REGULATIONS 9-14-321.600 — 9-14-321.744 PARKS AND RECREATION Administration Park And Recreation Advisory Commission 10-5A-2 Specific Parks, Open Spaces And Trails Specific Park Areas, Open Spaces, And Trails Described 10-5C-1 Use Regulations Access Limited 10-5B-5 Climbing On Fences, Roofs 10-5B-13 Compliance With Traffic And Vehicle Laws, Ordinances 10-5B-20 Definitions 10-5B-1 Dogs, Cats And Other Domestic Animals 10-5B-4 Fires 10-5B-17 Horsedrawn Vehicles, Riding Of Animals Restricted 10-5B-3 Interfering With Animals, Fishing 10-5B-7 August 2017 City of Dubuque -P- -P- PARKS AND RECREATION (cont.) Intoxicating Beverages 10-5B-2 Loosening Stones From Bluffs Prohibited 10-5B-18 Meetings And Gatherings 10-5B-16 Moving Benches And Tables 10-5B-14 Obstructions 10-5B-9 Open Season And Hours Generally 10-5B-22 Possession Of Weapons And Fireworks 10-5B-12 Posting Bills, Notices Or Signs 10-5B-10 Prohibited Activities, Signage 10-5B-24 Sales Restricted 10-5B-11 Throwing Stones Or Other Missiles 10-5B-6 Unattended Vehicles 10-5B-21 Unlawful Deposits 10-5B-8 Use Of Spotlights, Searchlights 10-5B-15 Washing Vehicles 10-5B-19 Watersports, Swimming, And Wading 10-5B-23 PAWNBROKERS AND SECONDHAND DEALERS; JUNK AND AUTO SALVAGE DEALERS Junk Dealers And Auto Salvage Dealers Application Contents 4-6B-5 Definitions 4-6B-1 Denial, Suspension Or Revocation Of License 4-6B-9 Display Of License 4-6B-7 Exemptions From Article 4-6B-8 Inspection 4-6B-13 Investigation Of Applicant And Premises 4-6B-6 License 4-6B-3 Penalties 4-6B-2 Persons Eligible 4-6B-4 Prohibited Acts 4-6B-11 Purchases Or Donation Transactions 4-6B-12 Required Records 4-6B-10 Screening Requirements For Junk And Salvage Operations 4-6B-14 Pawnbrokers And Secondhand Dealers Application Contents 4-6A-5 Definitions 4-6A-1 Denial, Suspension, Or Revocation Of License 4-6A-10 Display Of License 4-6A-8 Exemptions From Article 4-6A-9 Inspection 4-6A-13 Investigation Of Applicant And Premises 4-6A-6 License 4-6A-3 Penalties 4-6A-2 Persons Eligible 4-6A-4 August 2017 City of Dubuque -P- -P- PAWNBROKERS AND SECONDHAND DEALERS; JUNK AND AUTO SALVAGE DEALERS (cont) Prohibited Acts 4-6A-12 Proof Of Financial Responsibility 4-6A-7 Required Records 4-6A-11 PAYDAY LENDING ESTABLISHMENTS (See also UNIFIED DEVELOPMENT CODE) 16-7-5 PEDESTRIANS' RIGHTS AND DUTY 9-8-321.326 — 9-8-321.333 PENALTY, GENERAL (See Also GENERAL PENALTY, CITY CODE) 1-4 PLANNING AND ZONING Comprehensive Plan Community Planning Defined 15-1-3 Comprehensive Plan Defined 15-1-1 Elements Of Comprehensive Plan 15-1-2 Long Range Planning Advisory Commission Commission Created 15-2-1 Compensation 15-2-11 Internal Organization And Rules 15-2-3 Meetings 15-2-10 Membership 15-2-5 Oath 15-2-6 Officers/Organization 15-2-9 Powers 15-2-13 Procedures For Operation 15-2-4 Purpose 15-2-2 Removal 15-2-12 Terms 15-2-7 Vacancies 15-2-8 Unified Development Code Title 16 PLUMBING CODE Backflow Prevention Requirements For Existing Water Services 14-1H-5 New Residential Construction 14-1 H-4 Inspection Fees 14-1H-6 International Plumbing Code Adopted 14-1H-1 International Plumbing Code Amendments 14-1H-2 Licensure And Certification 14-1H-3 Mechanical And Plumbing Code Board 14-1H-7 POLICE DEPARTMENT Fees For Police Department Services 7-1-1 POLICE, FIRE AND PUBLIC SAFETY Alarm System Permits 7-4 Animal Control 7-6 Dangerous Animals 7-6D Dogs And Cats 7-6B Miscellaneous Provisions 7-6A August 2017 City of Dubuque -P- -P- POLICE, FIRE AND PUBLIC SAFETY (cont.) Potentially Vicious Dogs 7-6E Rabies Control 7-6C Vicious Dogs And Cats 7-6F Bicycles 7-7 Emergency Management 7-3 Fire Department 7-2 Offenses 7-5 Crime Property 7-5C Drug Paraphernalia 7-5B General Offenses 7-5A Parental Responsibility 7-5D Social Host Responsibility 7-5E Police Department 7-1 PROCEDURE FOR LICENSING ELECTRIC TRANSMISSION LINE COMPANIES Distance From Buildings 11-6-7 Grant Of License 11-6-1 Licensee Fee 11-6-2 Manner Of Construction 11-6-6 Nonuse; Revocation Of License; Extensions Of Time 11-6-8 Petition 11-6-4 Petition For License; Informational Meetings Held 11-6-3 Public Hearing 11-6-5 Wires Across Railroad Right -Of -Way At Highways 11-6-9 PROPERTY MAINTENANCE CODE Housing Board Of Appeals 14-1J-7 Inspection Of Properties Owned By Priority Category 14-1J-6 International Property Maintenance Code Adopted 14-1J-1 Amendments 14-1J-2 Priority Category 14-1J-4 Procedure For Hearing Appeal Of Priority Category Status 14-1J-5 Rental Licenses 14-1J-3 PROPERTY TAX Partial Exemption From Property Taxation 3-1-1 PUBLIC UTILITIES Gas Main Connections City Authority To Make Connection 13-3-3 City Authority To Require 13-3-1 Notice To Owners 13-3-2 Time Limit For Completion 13-3-4 Illicit Connections And Discharges To Storm Sewer System Appeal Of Notice Of Violation 13-5-14 Applicability 13-5-2 Cost Of Abatement Of Violation 13-5-16 Definitions 13-5-1 August 2017 City of Dubuque -P- -P- PUBLIC UTILITIES (cont.) Discharge Prohibitions 13-5-6 Enforcement 13-5-13 Enforcement Measures After Appeal 13-5-15 Industrial Or Construction Activity Discharges 13-5-8 Injunctive Relief 13-5-17 Monitoring Of Discharges 13-5-9 Notification Of Spills 13-5-12 Prevent, Control And Reduce Pollutants By Use Of BMPs 13-5-10 Remedies Not Exclusive 13-5-19 Responsibility For Administration 13-5-3 Severability 13-5-4 Suspension Of MS4 Access 13-5-7 Ultimate Responsibility 13-5-5 Violations Deemed Public Nuisance 13-5-18 Watercourse Protection 13-5-11 Sewers And Sewage Disposal 13-2 Discharge Regulations 13-2A Industrial Pretreatment Program 13-2D Private Disposal Systems; Private Haulers 13-2B Rates 13-2C Solid Waste 13-6 City Or Private Collection Service 13-6A Stormwater Management 13-4 Water Use And Service 13-1 Connections 13-1A Cross Connection Control 13-1D Rates 13-1C Water Meters 13-1B PUBLIC WAYS AND PROPERTY Boats, Boating And Waterfront Structures 10-7 Encroachments On Public Places 10-3 Mailboxes 10-3F Newsracks 10-3B Other Encroachments 10-3D Projecting Signs 10-3C Sidewalk Cafes 10-3E Waste Collection Receptacles 10-3A Excavations 10-2 Parades, Assemblies And Special Events 10-4 Parks And Recreation 10-5 Administration 10-5A Specific Parks, Open Spaces And Trails 10-5C Use Regulations 10-5B Railroads 10-6 August 2017 City of Dubuque