Code of Ordinance Update
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MEMORANDUM
August 17, 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: City of Dubuque Code of Ordinances Revision
After staff review of all City Ordinances, which has been conducted over the last few
years, City Attorney Barry Lindahl, City Clerk Jeanne Schneider and Assistant City
Manager Cindy Steinhauser will be recommending changes to the City Code.
They are suggesting a two-part process for review and adoption of the revised Code of
Ordinances. The first part of the review process would be to adopt those chapters
where the only changes are text clean-up or where changes are made to comply with
state law. The second part of the review process could be completed in one of two
formats. One format would be to hold a work session prior to a regularly-scheduled City
Council meeting to discuss proposed policy changes for the six chapters where policy
direction is needed. The other option is that they could bring several chapters at a time
to a regular City Council meeting as action items for discussion and direction.
They are also asking if the City Council would like the Code information in CD format or
hard copy.
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Michael C. Van Milligen
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Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Jeanne F. Schneider, City Clerk
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MEMORANDUM
August 17, 2006
TO: Michael C. Van Milligen, City Manager
FROM: Cindy Steinhauser, Assistant City Manager
Barry A. Lindahl, City Attorney
Jeanne F. Schneider, City Clerk
SUBJECT: City of Dubuque Code of Ordinances Revision
Backaround
The City of Dubuque currently uses Sterling Codifiers to provide updates to the City of
Dubuque Code of Ordinances. These updates occur on a periodic basis upon adoption of
revised or new ordinances by the City Council. In 2002 Sterling Codifiers provided a
review of the City of Dubuque Code of Ordinances which identified outdated language and
references to employee positions and policies. Sterling provided the City Clerk with a list
of recommended changes to the Code of Ordinances. Upon initial review of Sterling's
recommendations, we determined that the best course of action was to go through the
Code of Ordinance chapter by chapter to discuss the Sterling's recommended changes
and to look at any additional revisions that might be appropriate.
Discussion
In 2003, we began a comprehensive review of the Code of Ordinances. Participating in
every meeting was City Attorney Barry Lindahl, City Clerk Jeanne Schneider and Assistant
City Manager Cindy Steinhauser along with the Department Manager responsible for the
enforcement of each chapter being reviewed. During each meeting, we reviewed and
provided direction on the recommendations made by Sterling, reviewed each chapter for
compliance with the Iowa Code, and formulated other recommendations where
appropriate.
Several general changes are recommended. We have recommended the removal of all
references to department manager and other positions appointed by the City Manager,
unless such positions are required by State law. This was recommended because there is
no sound reason to include such positions, which are the City Manager's prerogative, in an
ordinance. This also eliminates the need to amend the Code of Ordinances whenever
there are organizational changes. The City Manager will be referred to in place of former
references to department managers or other positions.
We are also recommending that references to fees be removed from the Code of
Ordinances, except where state law requires an ordinance to establish the fee, and that
instead the City Manager be authorized to adopt fee schedules. This also eliminated the
need for ordinances changes whenever there is a change in a fee schedule.
References to specific meeting dates for boards and commissions are also recommended
to be removed from the Code of Ordinances to allow greater flexibility for scheduling these
meetings.
Finally, we are recommending the elimination of most business licenses. There no longer
appears to be any legitimate basis for licensing a small number of businesses, such as
dance halls, rat control, and tree trimming, while many other business are not licensed. In
addition, state law requires that where a license fee is charged, the fee must reflect the
reasonable costs of supervising, inspecting or otherwise regulating the licensed business.
In most instances, the city does not have the resources to supervise, inspect or otherwise
regulate most business that are licensed.
A total of forty-six chapters were reviewed. The proposed changes fall into three
categories:
1) Proposed changes that are text clean-up only;
2) Proposed changes that bring the chapter into compliance with state law; and
3) Proposed changes that require policy direction from the City Council.
Attached is a summary of all of the significant changes for each of the chapters along with
a brief summary of the changes made. Policy direction is requested from the City Council
regarding the following six chapters:
Chapter 6 - Amusements. We are recommending that this entire Chapter be
eliminated as there are a minimal number of licenses issued, it is outdated and not cost
effective.
Chapter 10- Boats, Boating and Waterfront Structures. We are requesting policy
direction on the mooring of vessels due to the recent construction of the pier wall at the
Port of Dubuque, the construction of transient boat docks at the Ice Harbor by May 2007,
and boat activity at Schmitt Harbor and the Hawthorne Street Peninsula.
Chapter 15 - Community Development. The major change in this chapter was
moving Article III-Industrial Projects to a new chapter entitled "Economic Development."
Chapter 25 - Historic Preservation. We are recommending that this chapter be
incorporated into the Unified Development Code.
Chapter 31 - Licenses and Miscellaneous Regulations. We are recommending the
elimination of many of the articles in this chapter and the licensing of business, such as
fortunetellers, going out of business sales, and rat control. It is also recommended that
Article VIII- Nonfranchised Communication Systems be made into a separate new chapter
entitled "Right-of-Way."
Chapter 35 - Peddlers and Transient Merchants. Policy direction is requested on
this chapter with regarding to the licensing of peddlers. We are recommending removal of
this chapter. Currently, the city issues a license for the activity but does not have a means
to verify the legitimacy of the peddler or merchant or conduct the necessary background
information or otherwise supervise the activity.
We are also recommending the addition of four new chapters for Transit, Economic
Development, Right-of-Way and Swimming Pools. The proposed text for these chapters is
included in the final summary of information that will be provided for City Council review.
Upon adoption of the recommended changes, Sterling Codifiers will implement these
changes and will also reorganize all of the chapters in a more useful manner.
Direction
Direction is requested with regard to how the City Council would like to proceed with the
review these recommendations. We are suggesting a two-part process for review and
adoption of the revised Code of Ordinances. The first part of the review process would be
to adopt those chapters where the only changes are text-clean-up or where changes are
made to comply with state law. The second part of the review process could be completed
in one of two formats. One format would be to hold a worksession prior to a regularly
scheduled City Council meeting to discuss proposed policy changes for the six chapters
where policy direction is needed. The other option is that we could bring several chapters
at a time to a regular City Council meeting as action items for discussion and direction.
We would also ask that the City Council indicate how they would like the information
provided - in CD format or hard copy which would require two large binders.
Reauested Action
The requested action is for City Council to identify if the review process should be held
during a worksession or as regular City Council meeting action items, and to indicate if the
information should be provided in CD or as hard copy.
Summary of Proposed City of Dubuque Code of Ordinance Changes
Chapter 1 - General Provisions
Changes primarily include text clean-up. Also includes new right of entry clause.
Chapter 2 - Administration
Changes include elimination of meeting date text so can change a meeting
without an ordinance change. Other changes include clean-up and rearranging
of text.
Chapter 3 - Advertising & Signs
Changes include removal of text to eliminate conflict with 151 Amendment issues.
Chapter 4 - Airport
Changes include text clean-up and removal of City Council member from
Commission.
Chapter 5 - Alcoholic Beverages
Changes include text clean-up and State law changes.
Chapter 6 - Amusements
Policy direction needed. Staff recommending eliminating licensing for pool halls,
theaters, etc.
Chapter 7 - Animals and Fowl
Changes primarily include text clean-up.
Chapter 9 - Bicycles
Changes primarily include text clean-up.
Chapter 10 - Boats, Boating and Waterfront Structures
Changes include text clean-up and policy direction needed on mooring of
vessels.
Chapter 11 - Buildings and Building Regulations
Changes primarily include text clean-up. Also includes International Building
Code adoption.
Chapter 13 - Civic Center
Changes primarily include text clean-up.
Chapter 14 - Civil Defense
Changes primarily include text clean-up. Also include creation of Emergency
Management Coordinator and other items addressed in 28E Agreement per
State Code. .
Chapter 15 - Community Development
Summary of Proposed City of Dubuque Code of Ordinance Changes
Changes primarily include text clean-up. Also took out economic development
items and established in a separate chapter.
Chapter 17 - Elections
Changes primarily include text clean-up.
Chapter 18 - Electricity
Chapter 19 - Fire Prevention and Protection
Changes primarily include text clean-up.
Chapter 20 - Flood Areas
Changes primarily include text clean-up.
Chapter 21 - Food Establishments and Hotel Sanitation
Regulations are State Law.
Chapter 22 - Garbage, Trash and Refuse
Chapter 23 - Health and Sanitation
Changes primarily include text clean-up.
Chapter 24 - Hearing, Air Conditioning and Ventilating
Changes primarily include text clean-up.
Chapter 25 - Historical Preservation
Incorporate into Zoning Ordinance.
Chapter 26 - Housing Regulations
Changes primarily include text clean-up.
Chapter 27 - Human Relations
Changes primarily include text clean-up.
Chapter 29 - Junk Dealers, Secondhand Dealers and Pawnbrokers
Changes primarily include text clean-up.
Chapter 30 - Library
Changes primarily include text clean-up.
Chapter 31 - Licenses and Miscellaneous Regulations
Changes include text clean-up, relocation of license renewal date and penalty to
a separate chapter. Also policy direction needed on what we license.
Chapter 32 - Motor Vehicles and Traffic
Changes primarily include renumbering to be consistent with State Code.
Summary of Proposed City of Dubuque Code of Ordinance Changes
Chapter 33 - Offenses and Miscellaneous Provisions
Section on assemblies moved to Chapter 41, Hazardous waste moved to
Chapter 19 and noise move to Chapter 23.
Chapter 34 - Parks and Recreation
Changes primarily include text clean-up.
Chapter 35 - Peddlers and Transient Merchants
Policy direction needed on change regarding licensing of Peddlers.
Chapter 36 - Planning, Zoning
Changes primarily include text clean-up.
Chapter 37 - Plumbing
Chapter 38 - Police
Relocation of Section 38.1-3 to Chapter 33, relocation of Article III to Chapter 32.
Chapter 39 - Railroads
Changes primarily include text clean-up.
Chapter 40 - Solid Waste
Chapter 41 - Streets, Sidewalks and Public Places
Changes primarily include text clean-up.
Chapter 42 - Subdivision Regulations
Changes primarily include text clean-up. Some deletions made because items is
addressed in State Code.
Chapter 43 - Taxation
Changes primarily include text clean-up.
Chapter 44 - Utilities
Changes primarily include text clean-up.
Chapter 45 - Vegetation renamed as Trees and Weeds
Changes primarily include text clean-up.
Chapter 46 - Vehicles for Hire and Public Transportation
Policy direction needed on changes.
New Chapters:
Transit - relocated from existing chapter. Changes primarily include text clean-
up.
Summary of Proposed City of Dubuque Code of Ordinance Changes
Economic Development - items relocated from Community Development
Chapter. Also indudes Urban Revitalization text.
Right of Way - Includes language for utilities and communication systems in
ROW.
Swimming Pools - Includes language originally under Building Chapter.
Changes primarily indude text clean-up.