1955 June, 6 Council Proceedings Ordinance 36-55 re SmokingSpecial Session, June 2 7, 19 5 5 283 -------------
ed by Councilman Kolb. Carried by
the following vote:
Yeas-Mayor Kintzinger, Council-
men Austin, Kolb, Schueller, Welu.
Nays-None.
ORDINANCE NO. 37-55
An Ordinance Amending and
(;hanging the Zoning Map and Zon-
ing Ordinance of the City of Du-
buque, Iowa, as provided by Ordi-
nance No. 3.34 designated the Zon-
ing Ordinance, so as to change the
herein described area, Lots 4, 5, 6,
7 and 8 Julia Langworthys Sub.
from its present Two Family Resi-
dence District Classification to Mul-
tiple Family District Classification.
Presented and read. Councilman
Welu moved that the reading just
had be considered the first read-
ing of the Ordinance. Seconded by
Councilman Kolb. Carried by the
following vote:
Yeas-Mayor Kintzinger, Council-
men Austin, Kolb, Schueller, Welu.
Nays-None.
Councilman Welu moved to sus-
pend the rules requiring reading on
three separate days. Seconded by
Councilman Kolb. Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Austin, Kolb, Schueller,
Welu.
Nays_:_None.
Ordinance placed on file with the 1
City Clerk for at least one week £or
public inspection, and a public hear-
ing to be held on August 1st, 1955.
ORDINANCE NO. 36-55
An Ordinance Prohibiting Smok-
ing and Carrying of Lighted Ob-
jects in Specified Places in the
City; Requiring Enforcement by
Persons having control of the Prem-
ises; Authorizing the Fire Chief to
Prohibit Smoking where necessary
to public safety; and prescribing
penalties for violation hereof.
Be It Ordained by the City Coun-
cil of the City of Dubuque, Iowa:
Section 1. No person shall smoke
or carry a lighted cigar, cigarette,
pipe or match, or use any spark,
flame or fire producing device not
especially authorized for use in
such .places by the Fire Chief, in
any of the following places:
(a) Retail stores. Retail stores de-
signed and arranged to accommo-
date. more than 100 persons, or in
which more than 10 persons are
employed. This prohibition shall
not apply to smoking in rest rooms,
restaurants, executive offices, or
beauty parlors · in retail · stores,
when specifically approved by the
Fire Chief by written order to the
person having control of the prem-
ises upon a finding that such use
therein is not dangerous to life ot
property.
(b) Elevators. Elevators, regard-
less of capacity, in any public
pl'ace.
(c) Public lodging houses. In beds
in hotels, dormatories and room-
ing. and lodging houses. A printed
notice advising the occupant of
the effect of this section shall be
posted in a conspicuous place in
every room in the building.
(d) Public theaters. During a
performance in public theaters, mo-
tion picture houses, auditoriums,
gymnasiums, and the like, includ-
ing the dressing rooms, except that
the prohibition of this section shall
not apply to smoking rooms and
areas and rest rooms when specifi-
cally approved by the Fire Chief
by written order to the person hav-
ing control of the premises, upon a
finding that such use therein is not
dangerous to life or property. The
prohibition of this section shall not
be construed to prohibit smoking
by performers on the stage as part
of any theatrical production.
Section 2. It shall he unlawful
for any person or his agent, hav-
ing control of any premises or
place to knowingly permit a viola-
tion of this ordinance;'
Section 3. The Fire Chief shall
have the authority to order "Smok-
ing Prohibited by Law" signs erect-
ed in any place of public assem-
blage where, in his opinion, smok-
ing or the carrying of a lighted
cigar, cigarette, pipe or match, or
any use of any spark, flame or
fire producing device, not ·especial-
ly authorized for use. in such place
would constitute a menace to life
or property.
Section 4. Every person, or his
agent, having control of the prem-
ises upon which smoking or the
carrying of lighted objects is pro-
hibited by, or under the authority
of, this ordinance, shall conspicu-
ously display upon the. premises
signs reading "Smoking Prohibited
by Law" in such number and in
284 Special Session, June 27, 1955
such 'location and of such size as
the Fire Chi~f may find reasonable
and necessary.
Section 5. No person shall smoke
in any properly placarded place,
nor shall any person remove any
placard required to be erected by
or under the authority of this or-
dinance.
Section 6. Any person, firm or
corporation who shall violate any of
the provisions of this Ordinance
shall be guilty of a misdemeanor
~nd upon conviction thereof shall
be fined not to exceed one hundred
dollars ($100). ·
This Ordinance shall be in full
force and effect from and after its
final adoption and publication as
provided by law.
Passed, adopted and approved
·1 this 27th day of June, A.D.1955.
-· . CHARLE}S A. KINTZINGER
Mayor
RUBEN V. AUSTIN
RAY F. KOLB
LEO N. SCHUELLER
CLARENCE P. WELU
Councilmen
Attest:
William J. O'Brien,
City Clerk Pro Tern
Published officially in the Tele-.
graph Herald Newspaper this 1st
rlay 0£ July, 1955.
William J. O'Brien
City Clerk Pro Tern
1t July 1
Councilman Welu moved the
adoption of the Ordinance. Second-
ed by Councilman Schueller. Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Council-
men Austin, Kolb, Schueller, Welu.
Nays-None.
June 16, 1955
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
Because 0£ the increase in both
pedestrian and vehicular traffic
at the intersection of 4th and Cen-
tral, an investigation was made
by the Police Department to de-
termine whether it would be prac-
. tical to remove the green right turn
arrow in the southwest corner of
4th and Central.
Under present conditions a ve-
hicle traveling south on Central
can make a right turn west on 4th
Street against a red light.
With the increase of pedestrian
traffic this creates quite a safety
problem and it is the recommenda-
tion of the Police Department, in
which I concurr, that the green
right turn be removed from this
intersection.
Respectfully submitted,
L. J, SCHILTZ,
City Manager .
LJS:lo
Mayor Kiritzinger moved that the
recommendation of the City Man-
ager be approved. Seconded by
Councilman Kolb. Carried by the
following vote:
Yeas-Mayor Kintzinger, Council-
men Austin, Kolb, Schueller, Welu.
Nays--None.
June 16; 1955
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen: ..
The petition of Harold McMahon
and others requesting the installa-
,tion of a street light on Rosedale
between St. Ambrose and Avoca
Streets was referred to the City
· Manager and Electrical Inspector
for recommendation and report.
The distance between lights in
this area is 520 feet which is more
than the recommended spacing of
street lights on a street with the
number 0£ homes and amount of
traffic as exists at this location. ·
It is recommended that a street
light be installed on Pole No. 207-
452B which is approximately mid-
way between St. Ambrose and Avo-
ca Streets. .
Respectfully submitted,
L. J. SCHILTZ,
City Manager·
LJS:lo
Councilman Welu moved that the
recommendation of the City Man-
ager be approved. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Kintzinger, Council-
men Austin, Kolb, Schueller, Welu.
Nays-None.
June 16, 1955
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
During the past the~e has been
a discrepancy in our City ordi·
nances regarding the construction,"