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City of DBQ Code of OrdinancesTHE CITY OF DuB E MEMORANDUM .~.`'~- January 9, 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: City of Dubuque Code of Ordinances The City Council held a public hearing on December 18, 2006 on the adoption of a revised Code of Ordinances. In accordance with Code of Iowa Section 380.8, the revised Code has been on file in the City Clerk's Office for public review and comment. No public comments were received. City Clerk Jeanne Schneider, City Attorney Barry Lindahl and Assistant City Manager Cindy Steinhauser recommend the City Council adopt the revised Code of Ordinances. I concur with the recommendation and respectfully request Mayor and City Council approval. ~~ ~? ~a~? ichael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jeanne F. Schneider, City Clerk ilk CRY OP Dus E MEMORANDUM January 9, 2007 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 Background The City Council held a public hearing on December 18, 2006 on the adoption of a revised Code of Ordinances. In accordance with Code of Iowa Chapter § 380.8, the revised Code has been on file in the City Clerk's Office for public review and comment. No public comments were received. Attached is an Ordinance providing for readoption of the City of Dubuque Code of Ordinances. Discussion The City of Dubuque originally codified their Ordinances, with City Council approval, at a public hearing held on November 1, 1976. Since that time, in accordance with Section 380.8 of the Code of Iowa, the City has been readopting the Code of Ordinances every five years. In 2003 the City Council approved a comprehensive review and update of the entire Code, excluding Appendix A, the Zoning Ordinance. Requested Action The requested action is for the City Council to adopt the attached ordinance adopting the revised Code of Ordinances. ORDINANCE NO. 3 - 07 AN ORDINANCE READOPTING THE CODIFICATION OF ALL ORDINANCES OF THE CITY OF DUBUQUE, IOWA, OF A GENERAL OR PUBLIC NATURE OR IMPOSING A FINE OR PENALTY INCLUDING CODES AND MAPS ADOPTED BY REFERENCE, AS THE OFFICIAL CODE OF THE CITY OF DUBUQUE, IOWA, AS PROVIDED FOR AND PURSUANT TO CHAPTER 380 OF THE IOWA CODE; PROVIDING FOR THE TITLE AND CITATION OF THE CODE; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES OF A GENERAL OR PUBLIC NATURE OR IMPOSING A FINE OR PENALTY, PASSED ON OR PRIOR TO JANUARY 16, 2007, EXCEPT THOSE NOT CONTAINED IN SAlD CODE OR RECOGNIZED AND CONTINUED IN FORCE BY REFERENCE THEREIN; PROVIDING PENALTIES FOR THE VIOLATION OF THE SEVERAL SECTIONS THEREOF; AND PRESCRIBING THE TIME WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. Whereas, pursuant to Ordinance No. 55-76 adopted November 1, 1976, after a duly convened public hearing, the City Council of the City of Dubuque, Iowa, adopted a Code of Ordinances with an effective date of December 3, 1976, as provided in Section 380.8 of the Iowa Code; and Whereas, Section 380.8 of the Iowa Code provides that at least once every five years, a City shall compile a set of Ordinances to be adopted by an ordinance; and Whereas, pursuant to Ordinance No. 63-81, adopted November 6, 1981, the City Council of the City of Dubuque, Iowa, readopted the said Code of Ordinances with an effective date of December 3, 1981, as provided in Section 380.8 of the Iowa Code; and Whereas, pursuant to Ordinance No. 93-86, adopted November 3, 1986, the City Council of the City of Dubuque, Iowa, readopted the said Code of Ordinances, with an effective date of November 17, 1986, as provided in Section 380.8 of the Iowa Code; and Whereas, pursuant to Ordinance No. 34-89, adopted July 17, 1989, the City Council of the City of Dubuque, Iowa readopted the said Code of Ordinances, with an effective date of July 20, 1989 as provided in Section 380.8 of the Iowa Code; and Whereas, pursuant to Ordinance No. 68-94, adopted November 7, 1994, the City Council of the City of Dubuque, Iowa, readopted the said Code of Ordinances, with an effective date of November 14, 1994, as provided in Section 380.8 of the Iowa Code; and Whereas, pursuant to Ordinance No. 92-99, adopted October 18, 1999, the City Council of the City of Dubuque, Iowa, readopted the said Code of Ordinances, with an effective date of October 26, 1999, as provided in Section 380.8 of the Iowa Code; and Whereas, the City Council has determined that the Code of Ordinances should be re-adopted, as edited and compiled, as provided in Section 380.8 of the Iowa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Code of Ordinances Readopted. That the proposed Code of Ordinances of the City of Dubuque, Iowa printed by Sterling Codifiers, Inc., Coeur d'Alene, Idaho, heretofore filed in the Office of the City Clerk of the City of Dubuque, Iowa, consisting of Chapters 1 through 46, with Appendix A, Appendix B, Appendix C, and Appendix D and including references to codes adopted by reference, a printed copy of which is attached hereto and incorporated herein by reference the same as if set out herein, is hereby adopted as the "Code of Ordinances, City of Dubuque, Iowa". Section 2. Ordinances Repealed. That all ordinances of the City of Dubuque, Iowa, of a general and permanent nature, enacted before December 18, 2006, and not contained in said Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of said Code, except as hereinafter provided. Section 3. Effect of Repeal; Ordinances Saved. That the repeal provided for in Section 2 hereof shall not affect any of the following: (a) Any offense or act committed or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of said Code; (b) Any ordinance promising or guaranteeing the payment of money to or from the City, or authorizing the issuance of any bonds or other evidence of indebtedness; (c) Any appropriation or budget ordinance; (d) Any ordinance establishing the compensation of any City officer or employee; (e) Any contract or obligation assumed by the City; (f) Any ordinance relating to the purchase, condemnation, acquisition or dedication of property for public use; (g) Any ordinance dedicating, establishing, opening, reopening, naming, renaming, widening, narrowing or vacating any street, boulevard, avenue, alley or other public way, including rights-of-way; (h) Any ordinance, establishing or changing the grade of any street, avenue, boulevard, traffic way or other public way; r (i) Any ordinance authorizing, directing or otherwise relating to any public improvements; (j) Any ordinance establishing or changing the limits of the City or pertaining to consolidations, annexations or exclusions; (k) Any ordinance levying general or special taxes or special assessments; (I) Any ordinance granting pensions for retired officers and employees; (m) Any ordinance granting any right, privilege, easement or franchise to any person, firm or corporation; (n) Any zoning ordinance, or amendment of the City's zoning map; (o) Any ordinance prescribing traffic regulations for specific streets or areas, such as ordinances designating one-way streets, arterial highways, through streets, stop intersections or intersections where traffic is to be controlled by signals, and ordinances prohibiting restriction, limiting or otherwise regulating the stopping, standing or parking of vehicles on specific streets or in specific areas; (p) Any ordinance establishing rates and charges for, or fees for connection to any utility service, not inconsistent with this Code; (q) Any ordinance which, by its own terms, expires after a specified time, or on the prescribed date; and (r) Any ordinance enacted on or after May 2, 2005. The above enumeration of exceptions shall not be held or deemed to be exclusive, it being the purpose and intention of this ordinance to exclude from repeal any and all ordinances not of a general nature. Section 4. Severability of Provisions. That each chapter, and any and all subdivisions of said Code hereby readopted, is independent of every other chapter and subdivision thereof, and the invalidity of any other chapter or subdivision thereof, shall not invalidate any other chapter or subdivision thereof. Section 5. Official Copy. That the City Clerk shall attach to the official copy of the Code of Ordinances hereby readopted and attached hereto, the City Clerk's official certificate showing readoption and the effective date thereof, and shall retain the said copy and certificate on file in this office where copies of the same shall be subject to public inspection and for sale to the public. Section 6. Amendments. That any additions or amendments to this Code when. passed as ordinances amending this Code and which indicate the intention of the Council to make the same a part hereof shall be deemed to be incorporated in this Code so that a reference to the Code of Ordinances, City of Dubuque, Iowa, shall be understood to include them. Section 7. Distribution of Copies. That all printed copies of the Code shall be deposited with the City Clerk for distribution. The City Clerk may sell printed or electronic media format (CD-Rom) copies of said Code at the cost established by the City Clerk. Section S. General Penalty. That the doing of any act prohibited or declared to be unlawful or an offense by said Code of Ordinances, or the commission or failure to perform any act or duty required by said Code, shall unless another penalty is specified, be punishable by a fine as established by the City Manager. The penalty herein provided for shall be cumulative with and in addition to the revocation, cancellation or forfeiture of any license or permit elsewhere in this Code provided for violation thereof or for civil penalties or violations of municipal ordinances. Section 9. Effective date. That this ordinance consisting of Sections 1 through 9, inclusive, readopting the proposed Code of Ordinances of the City of Dubuque, Iowa, heretofore filed in the Office of the City Clerk of the City of Dubuque, Iowa, consisting of Chapters 1 through 46, with Appendix A, Appendix B, Appendix C, and Appendix D and including codes adopted by reference and all subdivisions, of the same, the same being designated as the "Code of Ordinances, City of Dubuque, Iowa", is in full force and effect from and after the passage and publication of this ordinance, according to law, and the "Code of Ordinances, City of Dubuque, Iowa", shall be in full force and effect from and after the publication of this Ordinance. Passed, approved and adopted this 16th day of January, Roy D. Buol, Mayor Attest:Jeanne F. Schneider, CMC, City Clerk