Code of Ordinances Revisions
i5ii~~E
~Yk-~
MEMORANDUM
September 26, 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: City of Dubuque Code of Ordinances Revision
On August 21, 2006, City Council directed staff to present chapters from the City of
Dubuque Code of Ordinances requiring policy direction to them one or two chapters at a
time.
City Attorney Barry Lindahl, City Clerk Jeanne Schneider, and Assistant City Manager
Cindy Steinhauser are, therefore, proposing changes in Chapters 31 and 35 of the City
of Dubuque Code of Ordinances.
In Chapter 31 - Licenses and Miscellaneous Regulations, they are recommending that
many of the articles and the licensing of businesses, such as fortunetellers, going out of
business sales, and rat control be eliminated. 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.
They are also recommending that Chapter 31, Article VIII - Nonfranchised
Communication Systems be made into a separate new chapter entitled "Right-of-Way."
In Chapter 35 - Peddlers and Transient Merchants, they are recommending that this
chapter be eliminated. Currently, although the city issues a license for such activities,
we do not have the resources to verify the legitimacy of the peddler or merchant or to
conduct the necessary background information investigation or to otherwise supervise
the activity.
DU~~E
~ck~
MEMORANDUM
September 26, 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review of the City of Dubuque Code of Ordinances which identified outdated language and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 Sterling's recommended changes and to
look at any additional revisions that might be appropriate.
Discussion
At the City Council meeting of August 21, 2006 those chapters with proposed changes
which were text clean-up only or changes which brought the chapter into compliance with
state law were presented to the City Council. At that time, the City Council also directed
that those chapters which needed policy direction be brought back one or two chapters at a
time.
Attached are the "red-lined" versions of Chapters 31 and 35.
In Chapter 31 - Licenses and Miscellaneous Regulations, we are recommending that many
of the articles and the licensing of businesses, such as fortunetellers, going out of business
sales, and rat control be eliminated. 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,
Chapter 31
LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS
ARTICLE I. .BUSINESS L1CENSESGENi::RALLY
Sec. 31-1. Licenses-Required.
It shall be unlawful for any person to engage in any businesstorwhich a,license isu
required by this chapter or any other provision of this Code without first procuring a
license therefor and paying the license fee or fees as prescribed for such business py
this chapter or other provision of this Code. (Code 1976, 924-2)
,Sec. 31-3. Same-Application.
All persons who are required under any ordinance of the city to procure a license for the
purpose of engaging in any business,shall first make application to the city manager for
such license, except as otherwise provided. (Code 1976, 924-4)
Sec. 31-4. Same-Issuance.
Except where some other method is prescribed by law, all licenses required for
engaging in a business,shall be issued by the city managerin the"exercise of the city
manager's discretion, provided, however, that such manager may refuse a license in
any case where the applicant is not of good moral character, free from disease, or
trustworthy in such applicant's business dealings or for any other reason that satisfies
the manager that the interests of the public would be best protected by withholding a
license from the applicant. (Code 1976, 9 24-5)
Sec. 31-5. Same-Record.
All licenses required,shallbesignedbythemanagerandcitv clerkuand a CODV filed with
the citv clerk. (Code 1976, 924-6)
Sec. 31-6. Same-Proration.
In all cases where licenses for engaging in a business ,may be issued for lesser periods
than a full year, the license fee shall be prorated as follows:
(1) When the application is made within the first quarter of the fiscal year, the license
fee shall be the same as the annual fee;
(2) When the application is made in the second quarter of the fiscal year, the license fee
shall be seventy-five (75) percent of the annual fee;
1
,t"",I.......: OCCUPATI."~~L ---.J
- {D;-l;;d";""~'~"~'~tion )
.{ Deleted: or vocation ""~_J
Deleted: Sec. 31-2. Same-
Miscellaneous businesses.ll
Licenses are required and fees shall
be paid, as indicated, for the following
businesses and vocations:ll
~
(1) Hotels:lI
~
Each applicant for a license to
operate a hotel shall pay the following
annual license fees;1J
~
Number of Guest Rooms1(
1-14 $20.0011
15-30 30.00'II
31.75 40.001[
76-150 50.001J
Over 150 75.0011
" (Code 1976, ~ 24-3)11
'.. ~
Deleted: or vocation
Deleted: or vocation
- - ro;ieted: for eng~gi~gi~-~b~Siness
l or vocation
Deleted: entered in a book kept for
that purpose
CD~i*d;~r vocation
I
(3) When the application is made in the third quarter of the fiscal year, the license fee
shall be fifty (50) percent of the annual fee; and
(4) When the application is made in the fourth quarter of the fiscal year, the license fee
shall be twenty-five (25) percent of the annual fee. In all other cases the license fee
provided for in the general license ordinance governing the particular business for which
a license is required shall prevail and be exacted. Fractions of a month shall be taken
as a full month. (Code 1976, !j24-7)
Sec. 31-7. Same-Refund of fee prohibited; exception.
Except as may be provided by law, no refund shall be allowed upon any license which is
actually used for a lesser period than that prescribed in the license. (Code 1976, !j 24-8)
Sec. 31-8. Same-Transferability; changes in location.
Licenses issued under this chapter or other ordinances for engaging in a business,shall
not be transferable and shall cease whenever the licensee ceases to operate
thereunder. Nothing in this section shall prevent a licensee from operating under such
licensee's license, at a place other than that described in the license, providing
information regarding such change in location is furnished !QJhe.citv manaoer.JCode,
1976, !j24-9)
Sec. 31-9. Same-Suspension; revocation.
(a) The city manager may, upon good cause, suspend or revoke for a period not to
exceed one vear any license issued under this chapter,..
(b) No new license shall be issued to any applicant, the spouse or relative within the
first degree of consanguinity as defined by the Iowa Code of any licensee so suspended
or revoked during said period of suspension or revocation.
(c) The city manager shall cause to be issued a notice that said license is
suspended or revoked and therein set forth the reason(s) therefor. Said notice shall be
sent by first class United States mail to the registered business address on file with the
city clerk.
(d) Notice of appeal jo the, city council fromthe decisionofthEl,city rnan,a.ger shaU be
made by the licensee within ten (10) days from the date of suspension or revocation
and shall be filed with the city clerk. The applicant may present evidence to the city
council;as to why the license shouid not be suspended or revoked. (Code 1976, !j24-
10)
I"... ',..........................
Sec. 31-12. Effect of article.
2
LDeleted: or voC?S~~,~"""
~
- - rP;I';rt;d';'"'i"i';~se department -," ")
Deleted: for a period not to exceed
~ne year.
I Deleted: Appeal , J
,ii Deleted: by ;;y"';;t"p~'b'ii~ hearing"
Deleted: Sec. 31-10. Same-
;;': Expiration; penalty for renewal of
delinquent Iicenses.1(
~
Except as may be provided by law,
annual licenses for engaging in a
business or vocation shall extend
from April fim10 March thirty-first in
the year following. No such license
shall be issued after the first day of
April in any year unless and until the
applicant shall pay, as a penalty in
addition to the license fee, a further
sum of five (5) percent of such annual
fee for the first month of delinquency,
three (3) percent for the second
month of delinquency, two (2) percent
for the third month of delinquency and
one percent for each month of
delinquency thereafter, such penalty
shall attach on the first day of each
month following April first. (Code
1976,~24-11)11
~
Sec. 31-11. Exemptions.lI
~
The city council may, upon proper
application and showing, exempt any
disabled veteran, or crippled, disabled
or indigent person, from all or part of
the provisions of Section 31-2 of this
chapter. (Code 1976, ~ 24.12)11
It is not intended by this article to repeal, abrogate, annul or in any way impair or
interfere with provisions of other laws or ordinances except as inconsistent with this
article. Where this article imposes a greater restriction upon persons, premises or
personal property than is imposed or required by such other provisions of law,
ordinances, contract or deed, the provisions of this article shall control. (Code 1976, !l
24-13)
ARTICLE II. EXCURSION BOAT ADMISSION FEES
(a) lillY..excursion boat licensee licensed under Iowa CodeSElction99F],that is
docked within the corporate limits of the city, shall collect and pay to the City of
Dubuque an admission fee of fifty cents ($0.50) for each person embarking on an
excursion gambling boat, exceptfor the following persons, forwhomthe licensee shal.1
be exempt from the requirement of the collection of an admission fee:
(1) Commissioners and members of the staff of the state racing and gaming
commission while on official business;
(2) Persons under the age of twenty one (21) who are not charged an admission
fee to participate in an excursion;
(3) Any other persons exempted by ruling of the State Racing and Gaming
Commission.
(b) If tickets are issued that are good for more than one excursion, the admission fee
shall be paid for each person using the ticket on each excursion that the ticket is used.
(c) If free passes or complimentary admission tickets are issued, the licensee shall
pay the same fee upon these passes or complimentary tickets as if they were sold at
the regular and usual admission rate.
(d) The excursion boat licensee may, however, issue fee-free passes to actual and
necessary officials and employees of the licensee or other persons actually working on
the excursion gambling boat. Issuance of fee-free passes is subject to the rules of the
Iowa Racing and Gaming Commission and a list of all persons to whom fee-free passes
are issued shall be filed with the Commission as required by Code of Iowa section
99F.10(2)(d) and a copy thereof provided to the City.
(e) The fee required by this Section shall be paid to the City on a monthly basis and
shall be accompanied by an accounting therefor. (Ord. 85-90, !l!l1-5, 10-15-1990; Ord.
39-91, !l!l1-4, 5-6-1991)
Secs. 31-14-31-20. Reserved:
ARTICLE !II. CENTRAL MARKET
Sec. 31-21. Market Area Delineated:
3
Deleted: Sec. 31.13. Excursion boat
licensees required to pay city
admission fee for persons embarking.'Il
'. ~
" f De........'._............................"... eginning APril..'...'.....'.....".....".. .'. '. .J
lanYm ..
{ Deleted: with a 1icket- of admis~i~n ]
The property of the City adjacent to the City Hall, together with such parts of the streets
and sidewalks located within the area bounded by the south side of Eleventh Street, the
north side of Thirteenth Street, the west side of Central Avenue and the east side of
Main Street, and such distances on Iowa Street between Thirteenth and Fourteenth
Streets on both sides thereof as may be necessary for three (3) standard auto parking
stalls, shall constitute and be known as the Central Market. (1976 Code, !j24-25)
Sec. 31-22. Central Market As A Farmer's Market; Merchandise Permitted To Be
Displayec(:
'permitted merchandise; The Central Market shaUbea "farmer's market" as provided for
in rule 481-30.2 of the Iowa Administrative Code and shall be subject to the rules
relating thereto. J.lnspection!Ullilx-be conducted by the.city manaaer whojsunder
contract with the State Department of Inspections and appeals. Subject to such
regulation and the limitations and prohibitions set forth hereinafter, any person, firm or
corporation may display, offer for sale or sell on the streets or sidewalks of the central
market, fiowers, arts, crafts or food items which have been raised, produced or crafted
by the vendor and which are displayed and sold at a stall for which a permit has been
issued as provided for in ~his Article.
Y_- .__..
Sec. 31-23. Establishment Of Market Stalls; Issuance Of Permits;
(a) The City Manager is authorized to establish spaces for stalls in the Central
Market as may be necessary and to issue permits for the use of such stalls. The fees for
such permits shall be..established by the City Manaaer.u
L
There shall be no proration of permit fees for any other time period.
(b) When a permit holder uses a metered parking space on days other than
authorized by the holder's permit, the permit holder shall comply with the parking meter
requirements of~his Code. (1976 Code, !j24:27;Ord. 20:92, !j!j1, 2, 2:29:1992;uOrd.
17-94, !j!j1, 2, 4-4-1994)
Sec. 31-23.1. Restricted Parking In Central Market:
When stalls in the Central Market have been established by the City Manager and signs
are erected giving notice thereof, no person shall park a vehicle in ~stall,l:>etween
the hours of six o'clock (6:00) A.M. and twelve o'clock (12:00) noon on Saturdays in the
months of May through October unless the vehicle has on display a permit as described
in ~his.Article.(Ord..26:98,!j1,.5+1998)..
Sec. 31-24. Display Permit Restricted To Central Market Area:
4
Deleted: ; Limitations And
, Prohibitions
Deleted: (e)
,"" ,::co;i;;'d..;....'A~nuall
Deleted: shall
Deleted: City Health Services
DivIsion
Deleted: which
CD;'eted: Section 31-23 of
Deleted: (b) Limitations And
Prohlbltlons:~
~
(1) A vendor wishing to sell potentially
hazardous food products must hold a
valid State mobile food unit license.
No person may sell potentially
hazardous food products unless the
product originates from an approved
source. Potentially hazardous food
products shall be held in an approved
refrigerated unit below forty one
degrees Fahrenheit (410 F).lI
~
(2) No person, firm or corporation
shall display, olTerfor sale or sell any
food or merchandise without first
having complied with the laws of the
State relating to licensing, inspection
andtaxatlon.lI
~
(3) Bakery goods, such as cookies,
cakes, bread and candies shall be
individually wrapped. Soft pies and
bakery goods with custard or cream-
type fillings, including pumpkin pie,
shall not be sold or offered for sale.lI
~
(4) All fruits and vegetables shall be
stored in clean containers in trucks or
on risers along the street or sidewalk.lI
~
(5) All foodstuffs shall be protected
from exposure to files, dust and other
contamination and shall be displayed
so that the bottom of the display is not
less than two feet (2') above the
surface of the sidewalk or streetll
~
(6) Food shall be in sound condition,
',', free from spoilage, filth or othe ... 1
\:Co;i~ted: as follows: -- ~
Deleted: For the period beginning
the first Saturday in May through the
last Saturday in October:lI
~ _ 2
, '("'[;i_d: Section 32-335 0'--
\ 100.....",._ _ ... ................................
'[ Deleted: in the Central Market area
,:~f;n~ In Section 31~21 of this
\f Deleted: Section 31-23 of .-
A market stall permit authorizes !!person, to displayfoods or crafts only in the..G.entral
Market area as provided in Jhis Articlej1976 Code, S 24:28)
Sec. 31-25. Revocation Of Permit:
In any case where it is found that items displayed, offered for sale or sold have not been
raised, produced or crafted by the vendor, or have been processed, manufactured or
crafted by the vendor in violation of any City ordinance or permit agreement, the permit
~be revoked bv the Citv Manaoer.(1976Code.,..s 24-29)
Sec. 31-26. Market Master To Be Designated; Duties Generally:
The City Manager ,shall establish andcarry out such procedures, policies .andrules
relating to the Central Market and its operations as are necessary to provide for
acceptable sanitation and to protect the public health, safety and welfare. (1976 Code, S
24-30)
Sec. 31-27. Traffic Regulations:
I The City Managerelliill.restrict or regulatethe sidewalk and street traffic in the area of
the Central Market as may be necessary to protect the public health, safety and welfare.
(1976 Code, S 24-31)
Sec. 31-28. Inspection .Qf.Merchandise;Confiscation .Qf.Food Unfit f9L.Consumption:
All food or food products displayed, sold or offered for sale at the Central Market shall
be subject to inspection by the Citv Manaoer.lfanyf()odorfoodproductisfoundtobe
unfit for human consumption, the,Qity Manaoer shaU confiscateanddestroy the food,
and the person displaying, offering for sale or selling such food shall be guilty of a
misdemeanor. (1976 Code, S 24-32)
Sec. 31-29. Weights And Measures:
The weights and measures approved, standardized and adopted by the State
Department of Agriculture shall be the standard weights and measures used for the sale
of all merchandise required to be sold by weight or other measure at the Central Market.
All sales by weight shall be by avoirdupois weight, and all sales of commodities by
measure shall be by standard volume containers, specifically, pint, quart, peck or
bushel. (1976 Code, S 24-33)
Secs. 31-30-3140. Reserved:
t.._
ARTICLEVIILNONFRANCHISEDC9MMLJNIG.",!19NSSYSTEMS (This to be made au
separate Article No chanoes proposed at this time)
5
.' { Deleted: any
- rD;'i;t;'d';"".-ii~ or corporation
. L Deleted: Sectio~,"~,~":~,~",,~!,,,,"_
;l..~,I~ted: shall
, Deleted: is hereby authorized and
directed to designate a market
master, who
Deleted: It shall be the duty of the
Deleted: or the City Manager's
'. designee to
Co;;ieted, Of
i: iC~,~~,~: Of
i: :// Deleted; -or
i:':' Deleted: market master, or by the
':i,' Health OffICer or the Health OffIcer's
I,i,: deputy
i/: i ["Deleted: martet master or Heahh
" ,: Officer
.' ."; Deleted: ARTICLE III.
, ;' ',FQRTUNETELLERS, ETC.1J
, : ~
2 . Sec. 31-41. License Required:l1
t '11
l It shall be unlawful for any person to
. engage in the practice of telling
I ;',' fortunes, palmistry, clairvoyance,
I ....,' phrenology or similar art, without first
obtaining a license therefor and
paying the license fee hereinafter
prescribed. (1976 Code, ~ 24-46)11
~
Sec. 31-42. license Application:'II
~
Applications for licenses under this
Article shall be filed in duplicate with
the City Manager, on a form to be
fumished by the City Manager, which
shall be signed by the applicant and
give the following information:'II
~
(1) Type of license applied for.'II
(2) Name of applican1.'II
(3) Address, both legal and 10ca1.'II
(4) The length of time the right to do
business is desired.'II
(5) The applicant's fingerprints and a
physician's certificate that the
applicant is free from communicable
diseases.'11
(6) A statement of good moral
character signed by the Chief of
Police of each place the applicant
practiced previously. (1976 Code, ~
24-47)'11
~
Sec. 31-43. license Fees:'II
~
Deleted: ARTICLE V. RAT
CONTROL'II
~
Sec. 31-66. Definitions.'II
Sec. 31-111. Definitions:
Unless otherwise expressly stated or the context clearly indicates a different intention,
the following terms shall, for the purpose of this article, have the meanings in this
section:
Cable System: This term is as defined by the cable communications policy act of 1984,
47 USC 522(6).
City Manager: The city manager of the city of Dubuque, Iowa, or the city manager's
designee.
Communications System: Any telephone or telegraph system or any other system of
cables, wires or conduits, and any related equipment, facilities, manholes or overhead
poles, operated and maintained for communications purposes.
Customer: Any person who purchases any services provided by a communications
systems.
Licensee: The person who is issued a license in accordance with the provisions of this
article.
Local Exchange Area: An area, as established under regulations of the state of Iowa, in
which intra-area communications service is provided by a carrier subject to regulation
by the state of Iowa.
Local Exchange Carrier: The operator of a local exchange system in a local exchange
area.
Local Exchange System: A communications system furnishing communications services
between stations all located within a local exchange area.
Long Distance Carrier: The operator of a long distance system.
Long Distance System: A communications system furnishing communications services
between stations located in different iocal exchange areas.
Public Right Of Way: Any public street, highway, avenue, alley, bridge or sidewalk
within the city: skywalk bridges and skywalk corridors are not included within this
definition.
Wire: Any metallic or nonmetallic wire, or cable used to conduct power or signals, and
any load supporting cable or strand. (Ord. 27-88, !l1, 5-16-1988)
Sec. 31-112. License Required:
6
No person shall install, construct, reconstruct, repair or operate a communications
system upon, under, over or within any public right of way in the city unless and until a
written license is obtained pursuant to this article. All such licenses shall be
nonexclusive.
Communications systems franchised by the city or used for a purpose accessory and
subordinate to the conduct of a utility or cable system franchised by the city shall be
exempt from the requirement of a license. (Ord. 27-88, 92, 5-16-1988)
Sec. 31-113. Application For License:
The application for a license shall be on a form provided by the city manager and shall
include the following information:
(1) The name, address and telephone number of the applicant.
(2) The name, address and telephone number of a responsible person whom the city
may notify or contact at any time concerning the communications system.
(3) An engineering site plan showing the proposed location of the communications
system, including any manholes or overhead poles, the size, type and proposed depth
of any conduit or other enclosures, and the relationship of the communications system
to all existing streets, sidewalks, poles, utilities and other improvements within the public
right of way.
(4) Any additional information which the city manager may reasonably require. (Ord. 27-
88,93,5-16-1988)
Sec. 31-114. Granting Of License:
All licenses required by this article shall be granted by the city manager. The city
manager shall review each application and shall grant each license which the city
manager determines to be in compliance with the requirements of this article and any
other applicable legal requirements. In granting a license, the city manager may require
that the applicant change the proposed location of the communications system where
necessary to avoid interference with other cables, wires, conduits, pipes, sewers or
other facilities placed within the public right of way. The duration of the iicense shall be
for a period of fifteen (15) years from the date of the issuance of the license. (Ord. 27-
88,94,5-16-1988)
Sec. 31-115. Amendment To License:
In the event that a licensee with a current license proposes to expand, reduce, relocate
or modify any portion of its communications system within public rights of way, the
licensee shall file an application for an amendment to its current license with the city
manager. An application for an amendment to a current license shall include relevant
7
new information of the type required in connection with the initial application for a
license, and it shall be considered and granted by the city manager in the same manner
as an original license application. (Ord. 27-88, S 5,5-16-1988)
Sec. 31-116. Regulations:
(a) No license required under this article, or amendment to such license, shall be
granted for any communications system until the required fees have been paid, and
until a complete application has been filed with and approved by the city manager.
(b) The communications system shall be installed or constructed in accordance with
the terms of the license granted by the city manager.
(c) Once the system is in place, the licensee shall file with the city manager an as-
built survey specifying the actual location of the system, including any manholes or
overhead poles, and the licensee shall provide such signs or other economically
feasible means of locating the system as may be reasonably required by the city
manager, including, in the case of underground systems, a requirement that the
licensee contract with a one-call locating service or similar locating service for inclusion
of the system by the service.
(d) If it becomes necessary to dig into, excavate in or in any manner break up any
public right-of-way in connection with the installation, construction, reconstruction,
repair, operation, disconnection or removal of the system, the licensee shall first obtain
a permit from the city to do so.
(e) All technical standards governing installation, construction, reconstruction, repair,
operation, disconnection and removal of a communications system licensed hereunder
shall be in accordance with all applicable Federal Communications Commission rules
and other federal, state and city laws and regulations.
(f) The licensee shall maintain all parts of the system in good condition, order and
repair.
(g) The licensee shall be responsible for repairing or reimbursing other licensed or
franchised utilities or communications systems for any damage to their property caused
by the negligence of the licensee, or its agents, employees or contractors, in connection
with the installation, construction, reconstruction, repair, operation, disconnection or
removal of the licensee's communications system.
(h) No license required under this article shall be granted to authorize placement of a
communications system in any space which is required for public use.
(i) Failure by the licensee to compiy with any of the requirements of the license or
this article shall constitute grounds for termination of the license by the city. (Ord. No.
27-88, S 6,5-16-88)
8
Sec. 31-117. Relocation or removal when required by public needs.
(a) The licensee shall, upon ninety (90) days notice from the city and at no cost to
the city, protect, support, or temporarily or permanently disconnect, relocate within the
same or other public right-of-way, or remove any or all of its communications system
when required to do so by the city because of street or other public excavation,
construction, repair, grading or regrading; traffic conditions; installation of sewers,
drains, water pipes, or city-owned power or signal lines; vacation or relocation of public
rights-of-way; installation or construction of any other type of structure by the city or any
other public agency; or any other type of improvement which promotes the public
health, safety or welfare.
(b) If, at any time, in case of fire or disaster in the city, it shall become necessary in
the reasonable judgment of the city manager to cut or secure any of the wires, cables,
amplifiers, appliances, or appurtenances thereto of the licensee, such cutting or
removing may be done and any repairs rendered necessary thereby shall be made by
the licensee, at its sole expense.
(c) The licensee shall, at the request of any person holding a building moving permit,
temporarily remove, raise, or lower its wires to permit the moving of said building,
provided the licensee has been given not less than ten (10) working days notice of such
move. The reasonable cost of such temporary removai, raising, or lowering of wires
shall be paid by the person requesting the same, and the licensee shall have the
authority to require such payment in advance. (Ord. No. 27-88, 97, 5-16-88)
Sec. 31-118. License fees.
(a) It shall be a term and condition of any license issued pursuant to this article that,
as part of the consideration supporting the issuance of such license and the city's
permission thereby to occupy and use the public rights-of-way of the city, the licensee
shall pay to the city fees computed as follows:
(1) An administrative fee of two hundred dollars ($200.00) shall be due and
payable to the city manager at the time of filing of the initial license application and at
the time of filing of each proposed amendment to the license.
(2) If the licensed communications system serves no customers other than the
licensee itself, then, in addition to the above mentioned administrative fee, the licensee
shall pay a use fee to the city manager at the time of filing of the initial license
application. The amount of the use fee shall be the greater of the following two (2)
amounts: (i) One hundred dollars ($100.00), or (ii) one dollar ($1.00) per lineal foot of
route traversed by the communications systems.
(3) If the licensed communications system serves customers other than the
licensee itself, then, in addition to the above mentioned administrative fee, the licensee
shall pay an annual use fee to the city manager. The annual use fee shall be based on
9
a license year ending on March thirty-first of each year, and the use fee for each license
year shall be due and payable at the end of such year on March thirty-first or, if the
license has terminated during such year, on the date of termination. The amount of the
annual use fee shall be the greater of the following two (2) amounts: (i) One hundred
dollars ($100.00), or (ii) five (5) percent of the gross revenues derived by the licensee
from the sale or exchange of communications services in connection with the operation
of the licensee's communications system within the public rights-of-way during the
license year. Each annual use fee payment shall be accompanied by a report from the
licensee in a form approved by the city manager and the city legal department showing
the basis for the computation of the fee and such other relevant data as may be
required by the city manager and the city legal department. Each such report shall
contain a notarized verification by the chief financial officer of the licensee, and upon
request by the city, such reports shall be verified by a certified public accountant at the
expense of the licensee.
(b) The following communications systems shall be exempt from the use fee
requirements:
(1) Communications systems franchised by the city or used for a purpose
accessory and subordinate to the conduct of a utility or cable system franchised by the
city.
(2) Long distance communications systems.
(c) The acceptance of any use fee payment by the city shall not be construed as an
acknowledgement that the amount paid is the correct amount due, nor shall such
acceptance of payment be construed as a release of any claim which the city may have
for additional sums due and payable. All use fee payments shall be subject to audit by
the city manager and assessment or refund if the payment is found to be in error. In the
event that such audit results in an assessment by and an additional payment to the city,
such additional payment shall be due and payable immediately, together with interest at
the rate of eight (8) percent per year calculated from the due date for the use fee in
question.
(d) The licensee shall pay interest at the rate of eight (8) percent per year on any
overdue use fee calculated from the due date for the use fee.
(e) Nothing in this ordinance shall be construed to limit the liability of the licensee for
all applicable federal, state and local taxes.
(I) Nothing in this ordinance shall be construed to prevent the city council from
exercising the right of the city to change the amount of any of the fees required by this
section. (Ord. No. 27-88, ~ 8, 5-16-88)
Sec. 31-119. Reimbursement for city cost associated with construction activities.
10
The licensee shall reimburse the city for expenses incurred by the city in reviewing and
monitoring construction activities of licensee in public rights-of-way. (Ord. No. 27-88, S
9,5-16-88)
Sec. 31-120. Hold harmless; insurance; bond.
It shall be a term and condition of any license issued pursuant to this article that, as part
of the consideration supporting the issuance of such license and the city's permission
thereby to occupy and use the public rights-of-way of the city, the licensee shall assume
the following obligations:
(1) The licensee shall indemnify, protect, save and hold harmless and defend the city
from and against any and allliabiiity, losses and damages to property, or bodiiy injury or
death to any person, including payments made under workers' compensation laws,
arising out of or in any way connected with the installation, construction, reconstruction,
repair, operation, disconnection or removal of the licensee's licensed communications
system. The licensee shall pay all reasonable expenses incurred by the city in
defending itself with regard to any of the aforementioned claims, including all out-of-
pocket expenses such as attorneys' fees and the value of any services rendered by the
city legal department or any other officers or employees of the city. If any litigation on
account of any such claims shall be commenced against the city, and upon receipt by
the licensee and written notice of such litigation from the city, the licensee shall defend
the same at its own cost and expense. The record of any judgment rendered against the
city on account of such claims shall be conclusive as against the licensee and shall
entitle the city to recover the full amount thereof with interest and costs and attorneys'
fees incurred by the city. The right of action therefore shall accrue to the city as soon as
judgment shall have been rendered. The city shall fully cooperate with the licensee's
defense of any such claim or action.
(2) Immediately upon issuance of the required license, the licensee shall purchase such
general liability insurance as is required by the city manager in conformity with such
written standards relative to the amount of insurance coverage and deductible, the type
of insurance policy and the qualifications of the insurer as shall be promulgated, and as
may be amended from time to time, by the city manager with the approval of the city
legal department. The licensee shall maintain such insurance coverage for as long as
the licensed communications system remains in place within public rights-of-way. The
city shall be named as an additional insured on the insurance policy, and the policy shall
provide on its face that it may not be cancelled except after at least thirty (30) days
written notice to the city. Immediately upon issuance of the required license, the
licensee shall file with the city manager a certificate of insurance which clearly discloses
on its face coverage in conformity with all of the foregoing requirements, and if
requested by the city manager, the licensee shall additionally submit a certified copy of
the policy.
(3) Immediately upon issuance of the required license, the licensee shall file with the
city manager such bond as is required by the city manager in conformity with such
11
written standards relative to the amount of the bond and the qualifications of the surety
as shall be promulgated, and as may be amended from time to time, by the city
manager with the approval of the city legal department.
The purpose for such bond shall be to protect the city from any and all damages and
costs suffered or incurred by the city from any failure by the licensee to restore all public
rights-of-way and other public property affected by the installation, construction,
reconstruction, repair, operation or removal of the licensed communications system to
its proper condition in accordance with city standards. Such bond shall be maintained
by the licensee for as long as the system remains in place within public rights-of-way
and thereafter until the licensee shall have satisfied in full any and all obligations to the
city which arise out of the licensed communications system. (Ord. No. 27-88, ~ 10, 5-
16-88)
Sec. 31-121. Failure to secure, renew or comply with license.
(a) Any person who fails to secure the license required under this article or any
licensee who fails to comply with the requirements of the license or this article or with
any other applicable legal requirements shall, upon notification of such violation by the
city manager, immediateiy act either to abate the violation or to cause the licensee's
communications system either to be removed or to be disconnected and rendered
inoperative.
(b) The city reserves the right either to remove or to disconnect and render
inoperative any communications system used or maintained contrary to the provisions
of this article.
(c) Upon demand of the city, upon termination or revocation, the licensee shall
promptly, within one hundred eighty (180) days, remove its system from public property.
If the licensee fails to remove all its properties from public property within the one
hundred eighty (180) day removal period, the city manager may declare all such
property of the iicensee abandoned, and all such property shall become the property of
the city, and the licensee further agrees to execute and deliver an instrument in writing
transferring its ownership interest in any such property to the city. In iieu of declaring the
property abandoned, the city may cause the property to be removed, and such costs of
removal shall be paid by the licensee. (Ord. No. 27-88, ~ 11,5-16-88)
Sec. 31-122. Transfers and assignments.
The licensee shall not transfer or assign all or any portion of its interest in any license
granted pursuant to this article. For purposes of this section, a merger or corporate
reorganization shall not be deemed a transfer or assignment. (Ord. No. 27-88, ~ 12, 5-
16-88)
Sec. 31-123. Use of poles.
12
In areas where electric utility facilities are aboveground at the time of installation, the
licensee may install its wires and cables and amplifiers aboveground provided that the
licensee:
(1) Shall negotiate the appropriate pole attachment agreements with owners of the
poles, which shall be subject to review and approval by the city manager; and
(2) Shall place its service underground as hereafter specified.
The licensee shall not erect, for any reason, any pole on or along any street or public
right-of-way of the city, except as may be reasonably required or necessary to fill small
gaps in the existing aerial utility systems, and then only with the advance written
approval of the city manager. (Ord. No. 27-88, 913, 5-16-88)
Sec. 31-124. Undergrounding.
The licensee shall place all its transmission and distribution lines underground where all
or any portion of the lines of the electric facilities are underground, or where such may
hereafter be placed or required by the city to be placed underground. (Ord. No. 27-88, 9
14,5-16-88)
Sec. 31-125. Notice; appeal.
(a) The city manager shall promptly send by certified mail with return receipt a
written notice advising each licensee or prospective licensee of any of the following:
action by the city manager in granting or denying an application for a license, action
required of the licensee by the city and/or notification of failure to secure or comply with
a license pursuant to this article.
(b) An aggrieved licensee or prospective licensee shall have the right to appeal to
the city council by filing a written appeal with the city manager specifying the reasons
therefor, within thirty (30) days of the city manager's action or notification. (Ord. No. 27-
88,915,5-16-88)
Sec. 31-126. Construction of article.
Nothing in this article shall be construed as an acquiescence in, or ratification of, the
occupation of any of the public rights-of-way or public places of the city by any person
now occupying the same without legal right, nor shall this article be construed as
conferring the right to occupy any of the public rights-of-way or public places of the city
upon any such person now illegally or without authority occupying the same. (Ord. No.
27-88,916,5-16-88)
Sec. 31-127. Police regulations.
The provisions of this article are subject to such reasonable regulations and ordinances
of a police nature as the city council may from time to time deem necessary to adopt,
13
not destructive of the rights which may accrue to any person under this article. (Ord. No.
27-88, !l17, 5-16-88)
Sees. 31-128-31-130. Reserved.
I,
14
Deleted: ARTICLE IX. NEGATIVE
OPTION BILLING FOR SERVICES'll
~
Sec. 31-131. Definltions.'lI
For the purpose of this article the
following definitions shall apply:lI
~
Negative option billing for services is
when a seller proposes to send or
provide services not actually ordered
or requested by the recipients, orally
or in writing, and the recipients
receive and are billed for services as
proposed unless by a date or time
specifIed by the seller the recipients
instruct the seller not to send or
provide the identified servlces.'U
~
Recipient is any person who receives
services from a seller Of such
services.'lI
Seller means any person engaged in
the sale of services in the City of
Dubuque, lowa.'lI
Services shall not include the sending
or providing of goods. (Ord. No. 49-
91, ~ 1, 6-17-91)11
~
Sec. 31-132. Negative option billing
for selViees prohibited.1I
~
The use by sellers of "negative option
billing for selVices" is prohibited in the
city. Notwithstanding the foregoing,
however, nothing herein shall prohibit
the use of negative option plans as
defined and regulated by Federal
Trade Commission rules and
concerning use of negative option
plans by sellers in commerce. (Ord.
No. 49-91, ~ 1,6-17-91)11
~
Sec. 31-133. Violations; penalties.1I
~
If any person engages In the use of
negative option billing for selVices,
said person shall be punished as
provided in section 1-8 of this Code.
Each billing of an individual recipient
pursuant to any negative option billing
shall be considered a separate
violation of this article. (Ord. No. 49-
91, ~ 1, 6-17.91)11
-.--"....- ---
Page 4: [1] Deleted Jschneld
(b) Limitations And Prohibitions:
(1) A vendor wishing to sell potentially hazardous food products must hold
a valid State mobile food unit license. No person may sell potentially hazardous
food products unless the product originates from an approved source. Potentially
hazardous food products shall be held in an approved refrigerated unit below
forty one degrees Fahrenheit (410 F).
08/26/2004 8:37:00 AM
(2) No person, firm or corporation shall display, offer for sale or sell any
food or merchandise without first having complied with the laws of the State
relating to licensing, inspection and taxation.
(3) Bakery goods, such as cookies, cakes, bread and candies shall be
individually wrapped. Soft pies and bakery goods with custard or cream-type
fillings, including pumpkin pie, shall not be sold or offered for sale.
(4) All fruits and vegetables shall be stored in clean containers in trucks or
on risers along the street or sidewalk.
(5) All foodstuffs shall be protected from exposure to flies, dust and other
contamination and shall be displayed so that the bottom of the display is not less
than two feet (2') above the surface of the sidewalk or street.
(6) Food shall be in sound condition, free from spoilage, filth or other
contamination and shall be safe for human consumption.
(7) The following products may be sold at the Central Market without being
licensed under Iowa Code section 137F at the market location:
a. Baked goods except the following: soft pies and bakery products
with custard or cream fillings, as well as other potentially hazardous items.
Baked goods shall be labeled in accordance with Iowa Administrative
Code rule 48134.3(1370).
b. Wholesome, fresh eggs that are kept at a temperature of forty
five degrees Fahrenheit (450 F) or less.
c. Honey which is labeled in accordance with Iowa Code rule 481-
34.3(1370).
d. Prepackaged, nonhazardous food products prepared in an
establishment licensed under Iowa Code section 137F.4 as a food
establishment or a food processing establishment.
(c) Definitions: For the purposes of this Article, the following words and
phrases shall have the meanings respectively ascribed to them by this
subsection:
(1) Farmers Market: A place for the sale of fresh fruits and vegetables on
a retail basis for consumption elsewhere. Specific items which shall not be sold
at such a facility include homemade butter, raw milk, home canned fruits or
vegetables, meats, meat products, poultry, fish or other potentially hazardous
foods.
(2) Potentially Hazardous Food Products: Any food that consists in whole
or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible
crustacea or other ingredients including synthetic ingredients in a form capable of
supporting rapid and progressive growth of infectious or toxigenic
microorganisms. The term does not include foods which have a pH level of four
and six-tenths (4.6) or below or a water activity value of eighty-five-hundredths
(0.85) or less.
(3) Approved Source: Sources that comply with all applicable laws relating
to food, inspection, licensing and labeling or are otherwise inspected and
approved by the City. (1976 Code, ~ 24-26; Ord. 20-92, ~~ 1, 2, 2-29-1992; Ord.
46-99, ~~ 1-3, 5-17-1999)
Page 4: [2] Deleted Jschneld 08/26/2004 8:38:00 AM
For the period beginning the first Saturday in May through the last Saturday in
October:
Saturday use only
Daily use
$80.00
95.00
Annual permit:
Saturday use only
Daily use
$95.00
110.00
Page 5: [3] Deleted Jschneld 08/26/20048:44:00 AM
ARTICLE III. FORTUNETELLERS, ETC.
Sec. 31-41. License Required:
It shall be unlawful for any person to engage in the practice of telling fortunes,
palmistry, clairvoyance, phrenology or similar art, without first obtaining a license
therefor and paying the license fee hereinafter prescribed. (1976 Code, ~ 24-46)
Sec. 31-42. License Application:
Applications for licenses under this Article shall be filed in duplicate with the City
Manager, on a form to be furnished by the City Manager, which shall be signed
by the applicant and give the following information:
(1) Type of license applied for.
(2) Name of applicant.
(3) Address, both legal and local.
(4) The length of time the right to do business is desired.
(5) The applicant's fingerprints and a physician's certificate that the applicant is
free from communicable diseases.
(6) A statement of good moral character signed by the Chief of Police of each
place the applicant practiced previously. (1976 Code, 924-47)
Sec. 31-43. License Fees:
The license fee for the practice of fortunetelling, palmistry, phrenology,
clairvoyance, or similar profession or art is hereby fixed at five dollars ($5.00) per
day, twenty five dollars ($25.00) per week or fifty dollars ($50.00) per month.
(1976 Code, 9 24-48)
Sees. 31-44-31-50. Reserved:
ARTICLE IV. GOING-OUT-OF-BUSINESS SALES
Sec. 31-51. Definition.
As used in this article, "going-out-of-business sale," shall mean and include any
sale held out in such a manner as to cause the public reasonably to believe that
upon the disposal of the stock of goods on hand the business will cease and be
discontinued. (Code 1976, 924-60)
Sec. 31-52. Permit-Required.
It shall be unlawful for any person to conduct a going-out-of-business sale
without first procuring a permit therefor and paying the fees as hereinafter
prescribed. (Code 1976, 924-61)
Sec. 31-53. Same-Application; inventory to be attached.
A full and complete inventory shall be attached to the application for the permit
required by this article showing the quantity, kind and character of goods to be
offered for sale, including:
(1) A list of all goods which have been in stock for a period of thirty (30) days or
longer prior to the application for the permit; and
(2) A list of all goods received in stock within thirty (30) days immediately
preceding the application for the permit. (Code 1976, 9 24-62)
Sec. 31-54. Same-Issuance; fee.
Upon determination that the application for a permit required by Section 31-52 is
in order, and the payment of a permit fee of twenty-five dollars ($25.00) to defray
the cost of investigation, the city manager shall issue a permit for the sale applied
for. (Code 1976, 9 24-63)
Sec. 31-55. Same-Expiration; renewal.
A permit for any going-out-of-business sale shall expire sixty (60) days from the
date of its issuance and shall not be renewed unless the applicant can show to
the satisfaction of the city council that the stock of goods on hand has not been
unreasonably replenished and that the sale is being conducted in good faith.
(Code 1976, 924-64)
Sec. 31-56. Unlawful additions to inventory.
(a) During any sale conducted under the permit required by Section 31-52 of
this article no additions whatsoever shall be made to the stock of merchandise
set forth in the inventory attached to the application for license.
(b) No person, in contemplation of a sale to be conducted under the license
provided for herein, shall order any goods, wares, or merchandise for the
purpose of selling or disposing of the same at such sale, and any unusual
purchase and additions to the stock, of such goods, wares and merchandise
within sixty (60) days prior to the filing of the application for the permit shall be
presumptive evidence that such purchases and additions to stock were made in
contemplation of such sale, and shall be grounds for denial of the permit. (Code
1976, 9 24-65)
Secs. 31-57-31-65. Reserved.
Page 5: [4] Deleted
Jschneld
ARTICLE V. RAT CONTROL
08/26/2004 8:46:00 AM
Sec. 31-66. Definitions.
For the purpose of this article the following definitions shall apply:
Business buildings shall mean any structure, whether public or private, that is
adapted for occupancy for transaction of business, for rendering of professional
service, for amusement, for the display, sale or storage of goods, wares or
merchandise, or for the performance of work or labor, including hotels, apartment
buildings, tenement houses, rooming houses, office buildings, public buildings,
stores, theaters, markets, restaurants, abattoirs, grain elevators, workshops,
warehouses, factories, and all outhouses, sheds, barns and other structures on
premises used for business purposes.
Health officer means the superintendent, commissioner or director of health or
any duly authorized representative.
Occupant shall mean the individual, partnership, or corporation that uses or
occupies any business building or part, or fraction thereof, whether the actual
owner or tenant. In the case of vacant business buildings or vacant portions
thereof, the owner, agent, or custodian shall have the responsibility as occupant.
Owner shall mean the actual owner, agent or custodian of the business building,
whether individual partnership, or corporation. The lessee shall be construed as
the owner for the purpose of this article when business buildings agreements
hold the lessee responsible for maintenance and repairs.
Rat eradication means the elimination or extermination of rats within building by
any or all of the accepted measures, such as: poisoning, fumigation, trapping,
clubbing, etc.
Rat harborage shall mean any condition which provides shelter or protection for
rats, thus favoring their multiplication and continued existence in, under, or
outside of any structure.
Ratproofing applies to a form of construction to prevent the ingress of rats into
business buildings from the exterior or from one business building or
establishment to another. It consists essentially of treatment with material,
impervious to rat gnawing, of all actual or potential openings in exterior walls,
ground or first floors, basements, roofs and foundations, that may be reached by
rats from the ground by climbing or by burrowing. (Code 1976, S 24-78)
Sec. 31-67. Ratproofing, elimination and maintenance of premises in ratfree
condition required.
All business buildings in the city shall be ratproofed, freed of rats, and maintained
in a ratproof and rat-free condition by the owner to the satisfaction of the health
officer.
(Code 1976, S 24-79)
Sec. 31-68. Ratproofing required upon notice; enforcement.
(a) Upon receipt of a written notice and/or order from the health officer, the
owner of any business building specified therein shall take immediate measures
for rat-proofing the building, and unless such work and improvements have been
completed by the owner in the time specified in the written notice, in no event to
be less than fifteen (15) days, or within the time to which a written extension may
have been granted by the health officer, the owner shall be deemed guilty of an
offense under the provisions of this article.
(b) Whenever conditions inside or under occupied business buildings provide
extensive harborage for rats (in the opinion of the health officer) the health officer
is empowered, after due notification in accordance with paragraph (a) of this
section, to close such business buildings until such time as the conditions are
abated by ratproofing and harborage removal including, if necessary, the
installation of suitable concrete floors in basements or replacement of wooden
first or ground floors with concrete or other major repairs necessary to facilitate
rat eradication.
(c) Whenever conditions inside or under unoccupied business building
provide extensive harborage for rats (in the opinion of the health officer) the
health officer is empowered to require compliance with the provisions of
paragraph (a) of this section and, in the event such conditions are not corrected
in a period of sixty (60) days, or within the time to which a written extension may
have been granted by the health officer, the health officer is empowered to
institute condemnation and destruction proceedings. (Code 1976, ~ 24-80)
Sec. 31-69. Eradication measures required upon notice.
Whenever the health officer notifies the occupant of a business building in writing
that there is evidence of rat infestation of the building, such occupant shall
immediately institute rat eradication measures and shall continuously maintain
such measures in a satisfactory manner until the premises is declared by the
health officer to be free of rat infestation. Unless such measures are undertaken
within five (5) days after receipt of notice, it shall be construed as a violation of
the provisions of this article and the occupant shall be held responsible therefore
(Code 1976, ~ 24-81)
Sec. 31-70. Inspections; correction orders and/or notices.
(a) The health officer is empowered to make unannounced inspections of the
interior and exterior of business buildings to determine full compliance with this
article.
(b) The health officer shall make periodic inspection at intervals of not more
than forty-five (45) days of all ratproofed buildings to determine evidence of rat
infestation and the existence of new breaks or leaks in their ratproofing and when
any evidence is found indicating the presence of rats or openings through which
rats may again enter business buildings, the health officer shall serve the owners
or occupants with notice and/or orders to abate the conditions found. (Code
1976, ~ 24-82)
Sec. 31-71. Removal of ratproofing prohibited.
It shall be unlawful for an occupant, owner, contractor, public utility company,
plumber or any other person to remove and fail to restore in like condition the
ratproofing from any business building for any purpose. Further, it shall be
unlawful for any person or agent to make any new openings that are not closed
or sealed against the entrance of rats. (Code 1976, 9 24-83)
Sec. 31-72. Construction restricted; occupancy of non-complying buildings
restricted 16.
(a) It shall be unlawful for any person to construct, repair or remodel any
building, dwelling, stable or market, or other structure whatsoever, unless such
construction, repair, remodeling or installation shall render the building or other
structure ratproof in accordance with the regulations prescribed in and under this
article. The provisions of this section apply only to such construction, repairs,
remodeling or installation as affect the ratproof condition of any building or other
structure.
(b) It shall be unlawful for any person to occupy any business building
wherein foodstuffs are to be stored, kept, handled, sold, held or offered for sale
without complying with paragraph (a) of this section of this article; and unless the
provisions of paragraph (a) of this section are complied with no city license or
permit to conduct or carry on such business as defined above will be issued.
(Code 1976, 924-84)
Sec. 31-73. Storage of animal food restricted.
All food and feed within the city for feeding chickens, cows, pigs, horses, and
other animals shall be stored in rat-free and ratproof containers, compartments,
or rooms unless stored in a ratproof building. (Code 1976, 924-85)
Sec. 31-74. Garbage and refuse storage and accumulation restricted 17.
(a) Within the corporate limits of the city all garbage or refuse consisting of
waste animal or vegetable matter upon which rats may feed, and all small dead
animals, shall be placed and stored until collected in covered metal containers of
a type prescribed by the health officer.
(b) It is unlawful for any person to dump or place on any premise, land or
waterway, any dead animals, or any waste vegetable or animal matter of any
kind.
(c) It shall be unlawful for any person to place, leave, dump, or permit to
accumulate any garbage, rubbish or trash in any building or on any premises,
improved or vacant, or on any open lot or alley in the city so that the same shall
or may afford food or harborage for rats.
(d) It shall be unlawful for any person to permit to accumulate on any
premises, improved or vacant, or on any open lot or alley in the city any lumber,
boxes, barrels, bottles, cans, containers or similar material that may be permitted
to remain thereon unless same shall be placed on open racks that are elevated
not less than eighteen (18) inches above the ground, and evenly piled or
stacked. (Code 1976, 924-86)
Secs. 31-75-31-80. Reserved.
ARTICLE VI. COMMERCIAL PRACTICES
DIVISION 1. GENERALLY
Sec. 31-81. Affixing of consumer information to merchandise by merchants using
computerized checkout systems.
(a) Definitions. As used in this section:
(1) Director means the market master of the City of Dubuque, Iowa.
(2) Consumer commodity means any food, drug, device or cosmetic and
other article, product or commodity of any other kind or class, except for drugs
sold only by prescription:
a. Which are customarily produced for sale to retail sales agencies
of instrumentalities for consumption by individuals, for use by individuals
for purposes of personal care or in the performance of services ordinarily
rendered in or around the household; and
b. Which usually are consumed or expended in the course of such
consumption or use.
(3) Total price of a consumer commodity means the full purchase price of
a consumer commodity without regard to units of weight, measure or count.
(4) Computerized system means any device which records and registers
and totals coded price information for the purpose of determining the total
amount of consumer purchases.
(b) Consumer information required. Every person, firm, corporation or
association who sells, offers for sale, or exposes for sale at retail any aluminum
foil, bread, carbonated soft drinks, cereals, cooking oils, dog or cat food, facial
tissues, fish, fowl, fruits, grains, meats, napkins, plastic food wrapping,
vegetables, waxed paper or other consumer commodity designated by the
director, and who utilizes a computerized system for checkout, shall stamp or
affix on each commodity the total price of such commodity in arabic numerals.
(c) Director's powers of enforcement The provisions of this section shall be
enforced by the director who shall be charged with the responsibility to report any
pattern of noncompliance to the city attorney who shall cause appropriate
proceedings to be instituted in the proper courts.
(d) Violation; penalties. Any person, firm or corporation who violates the
provisions of this section shall be deemed guilty of a misdemeanor and, upon
conviction, shall be punishable by a fine of not more than one hundred dollars
($100.00) or by imprisonment for a term not exceeding thirty (30) days. (Code
1976,924-91).
Sees. 31-82-31-90. Reserved.
DIVISION 2. WEIGHTS AND MEASURES
Sec. 31-91. City sealer of weights and measures.
(a) The market master is hereby appointed city sealer of weights and
measures.
(b) The city sealer shall take charge of and provide for the safekeeping of all
standards of weights and measures, and see that the weights, measures and all
apparatus used for determining the quantity of commodities used throughout the
city agree with the standard in the city sealer's possession. (Code 1976, 924-98)
Sec. 31-92. Standard established.
The weights and measures which have been approved, standardized and
adopted by the state department of agriculture shall be the standard weights and
measures to be used in the sale of all commodities required to be sold by weight
or measure in the city. (1976 Code, 924-99)
Sec. 31-93. Testing Weights And Measures:
Upon written request of any citizen, firm or corporation, or educational institution
made to the city, a test or calibration of any weights, measures, weighing or
measuring devices, and instruments or apparatus to be used as standards in the
city shall be made by the city sealer of weights and measures. (1976 Code, 9 24-
100)
Sec. 31-94. Violations; Penalties:
(a) If any person engaged in the purchase or sale of any commodity by weight
or measure has in such person's possession any inaccurate scales, weights or
measures, or other apparatus for determining the quantity of any commodity,
which do not conform to the standard weights or measures, said person shall be
punished as provided in section 1-8 of this code.
(b) Any person shall be deemed to have violated the provisions of this
division:
(1) If such person shall sell, trade, deliver, charge for or claim to have
delivered to a purchaser an amount of any commodity which is less in weight or
measure than that which is asked for, agreed upon, claimed to have been
delivered or noted on the delivery ticket.
(2) If such person makes settlement for or enters a claim based upon any
false weight or measure for any commodity purchased.
(3) If such person makes settlement for or enters a claim based upon any
false weight or measure for any labor when the price of producing the same is
determined by weight or measure.
(4) If such person records a false weight or measure upon a weight ticket
or book. (1976 Code, ~ 24-101)
Sees. 31-95-31-100. Reserved:
ARTICLE VII. TOWN CLOCK PLAZA
(Rep. by Ord. 39-02, ~ 4, 5-20-2002)
Sees. 31-101-31-110. Reserved:
.
Chapter 35
PEDDLERS AND TRANSIENT MERCHAmS
ARTICLE I. IN GENERAL
Sec. 35-1. Definitions.
As used In this chapter, the following terms shall have the followina meanings;
Peddler shall mean any person offerina, .fromplaceto p1ace,fromhousetohouse, or
from street to street, offering and exposing goods, wares, merchandise, products or
services for sale, or taking or soliciting orders for goods, wares, products, merchandise
or services for future delivery, whether the person collects advance payments for such
sales, or not; provided that such definition shall not Include any IndMdual who calls
upon or solicits business establishments, professional offices or institutions, exclusively,
or persons who call on prospective customers by appointment only.
Transient merchant shall mean any persoll)Vhoengages in the business of selling
goods, wares, merchandise, or services from any fixed or temPorari location, which is
temporarily maintained,or when such a business.1s intermittently carried on and there is
no intention to conduct the same permanently within the city, and in addition to the
foregoing, the term shall apply to any person who temporarily locates in the city and
engages in the taking of orders for merchandise or services on Its own account, whether
for immediate or future delivery. Any person shall be presumed to be temporarily or
intermittently selling or offering to sell goods or services.unlesssuchperson,intendsto ,
and does remain continuously in business at each location where such sales are offered
for a period of more than sixty (60) days.
The provisions of this chapter shall not apply to persons selling at wholesale to
merchants, or to persons selling their own art or handicrafts either by themselves or
employees, nor to nonprofit civic, charitable, religious or educational groups or
members or employees thereof engaged in retail sale for the purpose of fundraising.
(Code 1976, ~ 28-1)
Moved to end of ChaPlet
.
,. ----------------------
Sees. 35-5-35-16. Reserved.H
ARTICLE II. LICENSE
Sec. 35-17. Required.
1
Deleted: indicated
,-, Deleted:whetheraresldentdthis
, city or not, trawling by foot, mota'"
vehicle or ciher type of conveyance,
DeIelled:,whetheI"aresidentafttlis
:'cilyornot,
De......: , within the city,
De.....: wares or merchandise
~Ieted: , finn, corporation,
., partnership or aseoci8tlon
De"": Sec. 35-2. Peddling from
i · temporary stands or vehicles
restr1cted.
00_:'
,
Peddling shall not be conducted upon
::' the public streets from temporary
; .' stands or vehicIe8 to which people
:':: are attracted by talking, singing,
.' .' music, unU8U8l noi&e& or
.::,- entertainment. or by the use d"area
.' or ig..... ~ 1976. S 28-2J'11
.. ~_: Sec. 35-3 Sale cI rood.'
Focxt commodities along a'ld upon
the street, irdJdng Ice aeam, shall
at aa times be subject to inspection by
the health oI'I\Cer or the heath
. oIficer's depU:y and this inspection
shall apply to the quantity, weight,
. meaeure and sanitation of the article
offered for sale. Unwholesome, rotten
or decayed foods shall not be aoId or
offered for sale and it shall be the
dlty fA the health cIficer or the health
oIficer's deputy to condemn such
foods wherever found. (Code 1976, S
28-3J'II
DeIebtd: Sec. 35-4. Sanitation d
food veticle8.'
..' ,
Vehicles l4JOr1 which foods, as
deecribed in Section 35-3. are
CM'ied, the containers i'l which the
same are handled and the food
products shalt be clean and sanitary,
prtiected against filth, dust, flies, or
other contaminating sub6Ur'1ce6 by
proper CfNf!!I: or screens. In the
absence r:I. an agreement in writing,
whenever any d the articles a
commoditie6 are sold upon the
streets by the bu8heI or rra:tlonal part
therect, the fl'lEl88IXe thereof shall be
ascertained by avoirdupoIS 'o\'eight,
computed as by law provided. The
license shall be attached to the
vehicle from which such products are
sold. (Code 1976. S 26-4)'1
(a) It shall be unlawful for any person to engage in business as a peddler or transient
merchant, ,within the city, without firstoblaining a license therefor and paying the license
foo,uuu uuuuuuuu uuuu u . .uuuuuu
(b) No person or agent having control of private properly w~hin the city shall
knowingly perm~ another person to engage in business on or about that properly as a
peddler or transient merchant, as defined in this chapter, without first requiring that
person to obtain a license therefor and paying the prescribed fee as provided in this
chapter. (Code 1976, ~ 28-17)
Sec. 35-18. Application; investigation fee.
(a) Application for peddler'sIlransient merchanfs license under this article shall be
filed in duplicate with the city clerk on a form to be furnished by the city clerk which shall
be signed by the applicant and give the following information:
(1) Type of license applied for.
(2) The name and address of the person making the application, and if a corporation,
the names and addresses of the officers thereof, and if a firm, partnership or
association, the names and addresses of all the members thereof.
(3) If the application is being made by an agent, bailee, consignee or employee, the
application shall so state and set out the name and address of such agent, bailee,
consignee or employee and shall also set out the name and address of the owner of the
goods, wares and merchandise to be sold or offered for sale.
(4) The application shall state whether or not the applicant has an Iowa retailer's sales
tax permit and if the applicant has such perm~, shall state the number of such perm~.
(5) If the applicant is a corporation, the application shall state whether or not the
applicant is an Iowa corporation or a foreign corporation, and if a foreign corporation,
shall state whether or not such corporation is authorized to do business in Iowa.
(6) The value of the goods, wares, products or merchandise to be sold or offered for
sale, or the average inventory to be carried by such transient merchant engaging in or
conducting an intermittent or temporary business, as the case may be.
(7) The date or dates upon which such goods, wares, products or merchandise shall be
sold or offered for sale, or the date or dates upon which ~ is the intention of the
applicant to engage in or conduct a temporary or intermittent business.
(8) The location and address where such goods, wares or merchandise shall be sold or
offered for sale, or such business engaged in or conducted.
(9) The names of two (2) property owners of the citywhowm certifyastotheapplicanfs
good repute and business responsibility, or in lieu thereof, the applicanfs fingerprints
2
Deleted: as defined in this chapter,
Deleted: as provided in this chapter.'
{ De_d: ""iab~
and any other infonnation that may be required by the city manager to property
investigate such reputation and business responsibil~y.
(10) The applicant shall appoint the city clerk as agent of the applicant for service of
process. In the event of such service, the clerk shall mail by certified mail, return receipt
requested, a copy of said service to the last known address of the applicant. (Code
1976, ~ 28-18)
Sec. 35-19. Bond required.
At the time of filing said application and as a part thereof, the applicant shall file w~h the
city clerk a bond, with sureties to be approved by the city clerk, in a penal sum two (2)
times the value of the goods, wares, products or merchandise to be sold or offered for
sale or the average inventory to be carried by such transient merchant engaged in or
conducting an intennillent or temporary business as shown by the application, running
to the City of Dubuque, for the use and benefll of any purchaser of merchandise from
such transient merchant who might have a cause of action of any nature arising from or
out of such sale against the applicant or the owner of such merchandise other than the
applicant; the bond to be further cond~ioned on the payment by the applicant of all
taxes that may be payable by, or due from the applicant to the slate of Iowa or the city
of Dubuque; the bond to be further cond~ioned for the payment of any fines that may be
assessed by any court against the applicant for violation of the provisions of this
chapter; and further conditioned for the payment and satisfaction of any and all causes
of action against the applicant commenced within one yaar from the date of sale and
arising from such sale; provided, however, that the aggregate liability of the surety for all
such taxes, fines and causes of action shall in no event exceed the principal sum of
such bond. (1976 Code, ~ 28-19)
Sec. 35-20. Issuance Of Ucense:
I Upon receiving an application, w~ an appropriate bond attached thereto, for a
peddle~sIlransient merchanfs license, the city manager is satisfiedthatlhe.slaternents... Delded; or the city manager's
and representations contained in the application are true,,and the applicant is the holder designee, shall investigate or cause
to be investigated, the reputation and
of an Iowa retaile~s sales tax penn~, and if a foreign corporation, has the authority to do character of the appUcant. If, upon
I business in the state of Iowa, the city manager shall issue to the applicant a license. making &UCh investigation, the city
manager
Deleted: and that the applicant 16 of
Peddlersllransient merchants shall prominently display said license and all licenses good reputation and character,
shall be valid only for the period of time and at the location and place described therein.
In the case of qualified applicants proposing to conduct business or to sell from more
than one location, the city manager shall issue a separate license for each such
location. (1976 Code, ~ 28-20)
Sec. 35-21. Fees:
Deleted: is hereby fixed at twenty
I A nonrefundable license fee for peddlersllransient merchants shall be as established bv five dollars ($25.00) per day; fiI'ty
dollars ($50.00) per week; one
the C~ Manaaer 11976 Code, ~ 28-21) hul'Kted doIars ($1OCI.CXl) per month;
arrive hundred dollars ($500.00) per
Y""
3
Sec. 35-22. Misrepresentation:
It shall be unlawful for any peddlerltransient merchant making sales or engaging in or
conducting a business under a transient merchanfs license to make any false or
misleading statement or representation regarding any article sold or offered for sale by
such transient merchant as to condition, quality, original cost, or cost to such peddler or
transient merchant of any article sold or offered for sale, or to sell or offer for sale
goods, wares, products or merchandise of a value in excess of the value thereof as
shown by said application, or to sell or offer for sale at retail any goods, wares, products
or merchandise or to engege in or conduct an intermitlent or temporary business on any
day or at any place other than those shown by such license. Any peddlerltransient
merchant who violates this article shall be ineligible to be granted a license for a period
of two (2) years from the date of such violation,. {1976 Code,~28-22L
Sec. 35-23. Revocation:
. . ( De......: was made
The city manager may revoke any license issued Jor any.. of the following causes:
n__ __... __
(1) Any misrepresentation on application for license.
__ _ - - Deleted: under the provisiOl'l8 of this
article after proper hearing before the
city manager, by the sending ~ due
na:ice d said hearing by registered
letter, return receipt requested, to the
peddlerltransient merchant at the last
known ada"ess not fe6s than ten (10)
days before the date d said hea'ing,
(2) Violation of any federal, state or local law.
(3) Misrepresentation of the source, condition, quality, weight or measure of the product
sold by such peddlerltransient merchant.
(4) If any judgment recovered against such peddlerltransient merchant with reference to
the operation of the business within the city of Dubuque remains unpaid for a period of
six (6) months, provided such judgment be not stayed under a supersedeas bond upon
appeal from such judgment.
The city manager shall give notice of the revocation of any license issued under the
provisions of this chapter to the surety or sureties furnishing the bond provided for
herein.
In the event of such revocation, no other peddler'sltransient merchanfs license shall be
issued to such applicant for a period of two (2) years thereafter. (1976 Code, ~ 28-23)
Sec. 35-24. Personal Nature; Transferability:
The peddler'sltransient merchant's license granted under this article shall be personal to
the applicant only and shall not bejlssignedortransferred.(1976 Code,~ 28-24)
Sec. 35-25. Report To City Clerk Upon Loss Required:
I De_d: '","ed
4
In the event any license issued under this article shall become lost or mislaid. the
licensee shall report such fact to the city clerk immediately. A duplicate license shall be
issued upon payment of!hefee as established bv the Citv Manaoer. (1976 Code,!i 28-
25)
( De......: ten doll." ($10 00)
Sec. 35-26. Central Market:
The provisions of this chapter shall not apply to Central Market businesses licensed in
accordance with Jhisf.ode of Ordinances, (1976 Code. Ii 28:-26)
ARTICLE III GENERAL CONDITIONS
~ De""": ct1apter 31, article II of
- De....d: c
Sec. 35-2. Peddlino from temoorarv stands or vehicles restricted.
Peddlina shall not be conducted uoon the oublic streets from temoorarv stands or
vehicles to which Deoole are attracted bv talkina. sinoino. music. unusual noises or
entertainment. or bv the use of flares or liahts. (Code 1976. & 28-2)
5