Although every effort will be made to keep this copy of the City of Vinton Ordinances up to date, is it recommended that you refer to the official copy kept by City Hall.
ABANDONED OR UNATTENDED REFRIGERATORS.............................................. 41.08 ABANDONED UTILITY CONNECTIONS On-Site Wastewater Treatment and Disposal Systems.................................. 98.07 Water Service...................................................................... 90.05 ABANDONED VEHICLES................................................................. 80 See also Impounding Vehicles....................................................... 70.06 See also State Code Traffic Regulations............................................ 62.01 ABANDONMENT OF CATS AND DOGS....................................................... 55.04 ABATEMENT OF NUISANCES............................................................. 50 ACCESS CONTROLLED.................................................................. 140 ACCOUNTING RECORDS................................................................. 7.07 AIR POLLUTION...................................................................... 50.02(8) See also ENVIRONMENTAL VIOLATION................................................... 4.02 AIRPORT AIR SPACE.................................................................. 50.02(11) See also AIRPORT ZONING REGULATIONS................................................ 180 AIRPORT COMMISSION................................................................. 26 AIRPORT ZONING COMMISSION.......................................................... 27 ALCOHOL Consumption and Intoxication....................................................... 45 Liquor Licenses and Wine and Beer Permits.......................................... 120 Open Containers in Motor Vehicles.................................................. 62.01(49) and (50) Social Host Liability.............................................................. 45.04 ALL-TERRAIN VEHICLES AND SNOWMOBILES............................................... 75 AMUSEMENT DEVICES.................................................................. 120.06 ANGLE PARKING...................................................................... 69.03 and 69.04 ANIMAL PROTECTION AND CONTROL Abandonment of Cats and Dogs....................................................... 55.04 Animal Neglect..................................................................... 55.02 Annoyance or Disturbance........................................................... 55.08 At Large Prohibited................................................................ 55.06 Confinement of Animals Suspected of Having Rabies.................................. 55.11 Damage or Interference by Animals.................................................. 55.07 Dangerous and Vicious Animals...................................................... 56 Duty to Report Attacks............................................................. 55.10 Impounding......................................................................... 55.12 - 55.14 Livestock.......................................................................... 55.03 and 55.05 Pet Awards Prohibited.............................................................. 55.15 Rabies Vaccination................................................................. 55.0 ANTENNA AND RADIO WIRES............................................................ 41.09 APPOINTMENTS By Council......................................................................... 17.05 By Mayor........................................................................... 15.03 ASSAULT............................................................................ 40.01 ATTORNEY FOR CITY.................................................................. 20 AUTOMOBILE REPAIR ON PUBLIC PROPERTY............................................... 69.05(2) AWNINGS............................................................................ 136.12 BARBED WIRE AND ELECTRIC FENCES.................................................... 41.10 BEER, LIQUOR, AND WINE CONTROL See ALCOHOL BICYCLES........................................................................... 76 See also BICYCLE LICENSING......................................................... See also Clinging to Vehicles...................................................... 62.04 See also State Code Traffic Regulations............................................ 62.01 BILLBOARDS......................................................................... 50.02(6) and 62.06 BONDS City Officials..................................................................... 5.02 House Movers....................................................................... 123.08 Public Bonds, Records of........................................................... 18.08(3) Streets............................................................................ 135.09(4) Transient Merchants .............................................................. 122.06 BUDGET Amendments......................................................................... 7.06 Preparation........................................................................ 7.05 BUILDING CODE AND BUILDING AND HOUSING BOARD OF APPEALS.......................................................................... 155 BUILDING MOVERS..................................................................... 123 BUILDING NUMBERING.................................................................. 150 BUILDING SEWERS AND CONNECTIONS..................................................... 96 BUILDINGS, UNSAFE................................................................... 157 BULKY RUBBISH....................................................................... 106.05 BURNING Burning on Streets and Alleys....................................................... 135.08 Fires in Parks...................................................................... 47.03 Fires or Fuel on Sidewalks.......................................................... 136.15 Open Burning Restricted............................................................. 105.05 Yard Waste.......................................................................... 105.06 BUSINESS DISTRICT................................................................... 60.02(1) See also: Bicycles on Sidewalks............................................................... 76.08(1) Sidewalks........................................................................... 136.08(5)(B) CABLE TELEVISION FRANCHISE.......................................................... 111 CAMPING IN PARKS.................................................................... 47.06 CAR WASHING ON STREETS.............................................................. 135.07 CHARTER ........................................................................... 2 CHICKEN AND DUCKS IN R-1 DISTRICT................................................... 165.11(4) CIGARETTES AND TOBACCO Permits............................................................................. 121 Possession by Minors................................................................ 46.02 CITY ADMINISTRATOR.................................................................. 21 CITY ATTORNEY....................................................................... 20 CITY CHARTER........................................................................ 2 CITY CLERK.......................................................................... 18 CITY COUNCIL Appointments by..................................................................... 17.05 Compensation........................................................................ 17.06 Meetings............................................................................ 17.04 and 5.06 Number and Term..................................................................... 2.04 and 17.01 Powers and Duties................................................................... 17.02 and 17.03 CITY ELECTIONS...................................................................... 6 CITY OFFICERS AND EMPLOYEES Appointments by Council............................................................. 17.05 Appointments by Mayor............................................................... 15.03 Bonds............................................................................... 5.02 City Administrator.................................................................. 21 City Attorney....................................................................... 20 City Clerk.......................................................................... 18 City Council........................................................................ 17 City Treasurer...................................................................... 19 Conflict of Interest................................................................ 5.07 Discretionary Powers................................................................ 1.13 Extension of Authority.............................................................. 1.07 Fire Chief.......................................................................... 35 Gifts to............................................................................ 5.11 Harassment of....................................................................... 41.05 Indemnity of........................................................................ 1.04 Mayor............................................................................... 15 CITY OFFICERS AND EMPLOYEES (continued) Oath of Office...................................................................... 5.01 Police Chief........................................................................ 30 Powers and Duties................................................................... 5.03 Removal of an Officer’s Communication or Control Device............................. 41.07 Removal of Appointed Officers and Employees......................................... 5.09 Resignations........................................................................ 5.08 Sewer Superintendent.............................................,,................. 95.03 Vacancies........................................................................... 5.10 Water Superintendent................................................................ 90.02 CITY OPERATING PROCEDURES........................................................... 5 CITY POWERS......................................................................... 1.03 CITY SEAL........................................................................... 18.13 CIVIL CITATIONS..................................................................... 4.04 CLINGING TO VEHICLE................................................................. 62.04 CODE OF IOWA TRAFFIC REGULATIONS.................................................... 62.01 CODE OF ORDINANCES Altering............................................................................ 1.10 Amendments to....................................................................... 1.08 Catchlines and Notes................................................................ 1.09 Definitions of Terms................................................................ 1.02 Rules of Construction............................................................... 1.06 Validity............................................................................ 1.11 COMPENSATION Changes in.......................................................................... 21.03 City Attorney....................................................................... 20.01 City Clerk.......................................................................... 18.01 Council Members..................................................................... 17.06 Mayor............................................................................... 15.04 Mayor Pro Tem....................................................................... 16.04 Set by Council...................................................................... 17.02(7) Treasurer........................................................................... 19.02 CONFLICT OF INTEREST................................................................ 5.07 CONTRIBUTING TO DELINQUENCY......................................................... 46.03 CONTROLLED ACCESS FACILITIES........................................................ 140 COUNCIL............................................................................. 17 COUNCIL MEETINGS.................................................................... 17.04 CRIMINAL MISCHIEF................................................................... 42.02 CROSSWALKS Designation and Maintenance......................................................... 61.02 Parking Prohibited in ............................................................. 69.06(1) Pedestrians in Crosswalks........................................................... 65.09 CURFEW.............................................................................. 46.01 DANGEROUS SUBSTANCES, DISTRIBUTING OF............................................... 41.01 DANGEROUS TOYS (THROWING AND SHOOTING).............................................. 41.12 DEFACING PROCLAMATIONS AND NOTICES.................................................. 42.03 DEPOSIT FOR UTILITIES............................................................... 92.09 DEPOSITS AND INVESTMENTS............................................................ 7.03(2) DESTRUCTION OF PROPERTY............................................................. 42.02 DISCRETIONARY POWER OF CITY OFFICERS AND EMPLOYEES.................................. 1.13 DISORDERLY CONDUCT.................................................................. 40.03 DOGS................................................................................ 55 See also ANIMALS DRIVEWAY CULVERTS................................................................... 135.13 DRUG PARAPHERNALIA.................................................................. 43 DUTCH ELM DISEASE................................................................... 50.02(10) EASEMENTS, USE OF................................................................... 95.08 ELECTIONS Duties of Clerk..................................................................... 18.12 Procedures.......................................................................... 6 ELECTRIC UTILITY BOARD OF TRUSTEES.................................................. 25 ENVIRONMENTAL VIOLATIONS............................................................ 4.02 EXCAVATIONS Sewer............................................................................... 96.04 Streets............................................................................. 135.09 Water............................................................................... 90.10 EXTENSION OF AUTHORITY.............................................................. 1.07 FAILURE TO DISPERSE................................................................. 40.05 FALSE IDENTIFICATION INFORMATION.................................................... 41.03 FALSE REPORTS Of Catastrophe...................................................................... 40.03(5) To Public Safety Entities........................................................... 41.02 FENCES Barbed Wire and Electric Fences..................................................... 41.10 Blocking Public and Private Ways.................................................... 50.02(5) See also ZONING..................................................................... 165 FIGHTING............................................................................ 40.03(1) FINANCE OFFICER..................................................................... 7.02 FINANCES............................................................................ 7 FINANCIAL REPORTS................................................................... 7.08 FIRE DEPARTMENT..................................................................... 35 FIRE HAZARD CONDITIONS Health and Fire Hazard.............................................................. 105.04 Storing of Flammable Junk........................................................... 50.02(7) Weeds and Brush..................................................................... 50.02(9) FIRE SPRINKLER SYSTEMS CONNECTIONS.................................................. 91.03 FIRES In Parks............................................................................ 47.03 On Sidewalks........................................................................ 136.15 Open Burning Restricted............................................................. 105.05 FIREWORKS........................................................................... 41.14 FISCAL MANAGEMENT................................................................... 7 FLAG, DISRESPECT OF................................................................. 40.03(6) FLOOD PLAIN REGULATIONS............................................................. 160 FORM OF GOVERNMENT.................................................................. 2.02 FRAUD............................................................................... 42.05 FUNDS............................................................................... 7.04 FUNERAL SERVICE, DISRUPTION OF...................................................... 40.03(8) See also State Code Traffic Regulations............................................. 62.01 GANG ACTIVITY....................................................................... 50.02(12) GARAGES AND ACCESSORY BUILDINGS See ZONING.......................................................................... 165 GARBAGE COLLECTION AND DISPOSAL..................................................... 105 and 106 GAS FRANCHISE....................................................................... 110 GIFTS TO CITY OFFICIALS............................................................. 5.11 GOLF CARTS.......................................................................... 78 GRADES OF STREETS, ALLEYS AND SIDEWALKS............................................. 138 GRAFFITI............................................................................ 52 HANDICAPPED PARKING See Persons with Disabilities Parking.............................................. 69.07 HARASSMENT Of Other Persons.................................................................... 40.02 Of Public Officers and Employees.................................................... 41.05 HAZARDOUS SUBSTANCE SPILLS.......................................................... 36 HAZARDOUS WASTE..................................................................... 105.09 See also Prohibited and Restricted Discharges to Sewer System....................... 97.03 and 97.04 HITCHHIKING......................................................................... 67.02 HOUSE MOVERS........................................................................ 123 HOUSE NUMBERS....................................................................... 150 HOUSES OF ILL FAME.................................................................. 50.02(12) HOUSING BOARD....................................................................... 11 IMPOUNDING Animals............................................................................. 55.12 Vehicles............................................................................ 70.06 and 80.02 INDEMNITY AGREEMENT, PERMITS AND LICENSES........................................... 1.04 INDUSTRIAL PROPERTY TAX EXEMPTIONS.................................................. 8 INSURANCE REQUIREMENTS Firefighters........................................................................ 35 Fireworks........................................................................... 41.14 House Movers........................................................................ 123.07 INTERFERENCE WITH OFFICIAL ACTS..................................................... 41.06 INVESTMENTS AND DEPOSITS............................................................ 7.03(2) JUNK AND JUNK VEHICLES.............................................................. 51 See also Storing of Flammable Junk.................................................. 50.02(7) LEGAL OPINIONS...................................................................... 20.06 LIBRARY............................................................................. 22 LICENSES Drivers............................................................................. 62.01 General Contractors and Excavators.................................................. 125 Liquor.............................................................................. 120 Peddlers, Solicitors and Transient Merchants........................................ 122 See also Issuance of Licenses and Permits........................................... 18.10 See also PERMITS LIQUOR LICENSES AND WINE AND BEER PERMITS........................................... 120 LITTERING Debris on Sidewalks................................................................. 136.17 Park Regulations.................................................................... 47.04 Placing Debris on Streets........................................................... 135.03 Solid Waste Control................................................................. 105.08 LIVESTOCK........................................................................... 55.03 and 55.05 LOAD AND WEIGHT RESTRICTIONS, VEHICLES.............................................. 66 LOITERING........................................................................... 40.04 MANUFACTURED AND MOBILE HOMES....................................................... 145 See also: Factory-Built Homes (Flood Plain Regulations)....................................... 160.06(5) MAYOR Appointments........................................................................ 15.03 Compensation........................................................................ 15.04 Powers and Duties................................................................... 15.02 Term of Office...................................................................... 15.01 Voting.............................................................................. 15.05 See also CITY OFFICERS AND EMPLOYEES MAYOR PRO TEM....................................................................... 16 MEETINGS Council Meetings.................................................................... 17.04 Procedures for Notice and Conduct of................................................ 5.06 Publication of Minutes of Council Meetings.......................................... 18.03 METERS, WATER....................................................................... 91 MINORS.............................................................................. 46 See also: Amusement Devices................................................................... 120.06 Employment for Serving of Alcohol................................................... 120.05(4) In Licensed Premises................................................................ 120.05(12) Persons Under Legal Age............................................................. 45.01 Persons Under Legal Age............................................................. 121.07 MOBILE HOMES........................................................................ 145 MUNICIPAL INFRACTIONS............................................................... 4 See also MUNICIPAL INFRACTION ABATEMENT PROCEDURE................................... 50.07 NAMING OF STREETS................................................................... 139 NATURAL GAS FRANCHISE............................................................... 110 NOISE Annoyance or Disturbance (Barking Dogs)............................................. 55.08 Disorderly Conduct.................................................................. 40.03(2) and 40.03(8) Quiet Zones......................................................................... 62.05 Truck Parking....................................................................... 69.11(2) NOMINATIONS FOR ELECTIVE OFFICES.................................................... 6 NUISANCE ABATEMENT PROCEDURE........................................................ 50 NUMBERING OF BUILDINGS.............................................................. 150 OATH OF OFFICE...................................................................... 5.01 OFFENSIVE SMELLS AND SUBSTANCES..................................................... 50.02(1) and (2) See also Restricted Discharges to Sanitary Sewer System............................. 97.04 OFF-ROAD MOTORCYCLES AND UTILITY VEHICLES........................................... 75 ONE-WAY TRAFFIC..................................................................... 68 ON-SITE WASTEWATER SYSTEMS.......................................................... 98 OPEN BURNING........................................................................ 105.05 OPEN CONTAINERS IN MOTOR VEHICLES....................................................62.01(49) and (50) OPEN MEETINGS....................................................................... 5.06 OPERATING PROCEDURES................................................................ 5 PARADES REGULATED....................................................................60.08 PARK REGULATIONS.................................................................... 47 See also Parks, Cemeteries and Parking Lots (Speed Limits).......................... 63.03 PARKING REGULATIONS All Night Parking Prohibited........................................................ 69.10 Angle Parking....................................................................... 69.03 and 69.04 Controlled Access................................................................... 140.06 Fire Lanes.......................................................................... 69.14 Illegal Purposes.................................................................... 69.05 No Parking Zones.................................................................... 69.08 Park Adjacent to Curb............................................................... 69.01 and 69.02 Parking of Bicycles................................................................. 76.11 Parking Prohibited.................................................................. 69.06 Parking Violations.................................................................. 70.03 and 70.04 Persons With Disabilities Parking................................................... 69.07 Snow Removal........................................................................ 69.13 Truck Parking Limited............................................................... 69.11 PARKS AND RECREATION BOARD.......................................................... 24 PEACE OFFICERS Failure to Assist................................................................... 41.04 Interference with................................................................... 41.06 Obedience to........................................................................ 60.07 Powers and Authority under Traffic Code............................................. 60 Qualifications...................................................................... 30.03 Removal of an Officer’s Communication or Control Device............................. 41.07 Training............................................................................ 30.04 See also POLICE DEPARTMENT.......................................................... 30 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS........................................ 122 PEDESTRIANS......................................................................... 67 See also: Crosswalks.......................................................................... 61.02 State Code Traffic Regulations...................................................... 62.01 Yield to Pedestrians in Crosswalks.................................................. 65.09 PENALTIES Abatement of Violation of Sewer Connection Requirements............................ 96.10 Additional Penalties – Cigarette and Tobacco Permits............................... 121.07 Curfew Violations.................................................................. 46.01(6) Municipal Infractions.............................................................. 4 Special Penalties (Sanitary Sewer Regulations)..................................... 95.09 Special Penalty (Bicycle Regulations).............................................. 76.14 Standard Penalty for Violation of Code of Ordinances............................... 1.14 Traffic Code Violations............................................................ 70 PERMITS Beer and Wine...................................................................... 120 Chicken and Ducks.................................................................. 165.11(4) Cigarette and Tobacco.............................................................. 121.02 Fireworks.......................................................................... 41.14 Flood Plain Development............................................................ 160 House Mover........................................................................ 123.02 Mobile Home Park................................................................... 145.05 On-Site Wastewater System.......................................................... 98.04 Persons with Disabilities Parking.................................................. 69.07 Sewer Connection................................................................... 96.01 Sidewalks (Approval)............................................................... 136.07 Street Excavation.................................................................. 135.09(1) Tree Planting.......................................................................151.02(1) Vehicles, Excess Size and Weight................................................... 66.02 Vending Machines and Sales Stands on Sidewalks..................................... 136.19 Water System Connection............................................................ 90.06 See also Issuance of Licenses and Permits.......................................... 18.10 See also LICENSES PERSONAL INJURIES.................................................................. 1.05 PET AWARDS PROHIBITED.............................................................. 55.15 PETTY CASH FUND.................................................................... 7.03(3) PLANNING AND ZONING COMMISSION..................................................... 23 PLAY STREETS....................................................................... 62.02 See also Playing in Streets........................................................ 135.04 POLICE DEPARTMENT.................................................................. 30 POLLUTION Air Pollution...................................................................... 50.02(8) Environmental Violations........................................................... 4.02 Hazardous Substance Spills......................................................... 36 Incinerators Required.............................................................. 105.11 Open Burning Restricted............................................................ 105.05 Prohibited Discharges to Public Sewer.............................................. 97.03 Restricted Discharges to Sewer System.............................................. 97.04 Toxic and Hazardous Wastes......................................................... 105.09 Water Pollution.................................................................... 50.02(4) POWERS AND DUTIES City Administrator................................................................. 21 City Clerk......................................................................... 18.02 City Council....................................................................... 17.02 and 17.03 City Officers Generally............................................................ 2.03 Fire Chief......................................................................... 35.07 Mayor.............................................................................. 15.02 Mayor Pro Tem...................................................................... 16.02 Municipal Officers................................................................. 5.03 Police Chief....................................................................... 30.07 PRIVATE PROPERTY................................................................... 42 PRIVATE WATER SYSTEMS (SEWER CHARGES).............................................. 99.03 PROPERTY MAINTENANCE CODE.......................................................... 158 PUBLIC AND PRIVATE PROPERTY Criminal Mischief.................................................................. 42.02 Damage to Sewer System............................................................. 95.04(1) Defacing Proclamations or Notices.................................................. 42.03 Fraud.............................................................................. 42.05 Injury to Library Books or Property................................................ 22.10 Littering Prohibited............................................................... 105.08 Park Regulations................................................................... 47 Public and Private Property........................................................ 42 Sidewalk Regulations............................................................... 136 PUBLIC AND PRIVATE PROPERTY (continued) Street Excavations................................................................. 135 Theft.............................................................................. 42.06 Trees and Shrubs on Public Property................................................ 151 Trespassing........................................................................ 42.01 Unauthorized Entry................................................................. 42.04 PUBLIC HEALTH AND SAFETY........................................................... 41 PUBLIC NOTICES..................................................................... 18.05(1) PUBLIC OFFENSES Littering Prohibited............................................................... 105.08 Public and Private Property........................................................ 42 Public Health and Safety........................................................... 41 Public Peace....................................................................... 40 See also SIDEWALK REGULATIONS...................................................... 136 See also STREET EXCAVATIONS........................................................ 135 PUBLICATION REQUIREMENTS........................................................... 18.05 RABIES VACCINATION................................................................. 55.09 RAILROAD REGULATIONS............................................................... 81 RECORDS Accounting......................................................................... 7.07 Fire Department.................................................................... 35.07(12) Maintenance by Clerk............................................................... 18.08 Minutes of Council Meetings........................................................ 5.06(3) Public Records, Access to.......................................................... 5.04 Transfer to Successors............................................................. 5.05 RECYCLABLE MATERIALS............................................................... 105 REMOVAL OF APPOINTED OFFICERS AND EMPLOYEES........................................ 5.09 RESIGNATION OF ELECTED OFFICERS.................................................... 5.08 RIGHT TO ENTER Fire Chief......................................................................... 35.07(9) Sewer Service Inspection and Sampling.............................................. 95.07 Solid Waste Collection............................................................. 106.06 Use of Easements................................................................... 95.08 Warrants........................................................................... 1.12 Water Meter Service................................................................ 91.08 RIGHTS-OF-WAY, USE OF CITY......................................................... 115 SANITARY SEWER SYSTEM Building Sewers and Connection Requirements........................................ 96 General Provisions................................................................. 95 On-Site Wastewater Systems......................................................... 98 Sewer Service Charges.............................................................. 99 Use of Public Sewers............................................................... 97 SCOOTERS, SKATEBOARDS AND ROLLER SKATES............................................ 77 SEWER RATES........................................................................ 99 SIDEWALKS Barricades and Warning Lights...................................................... 136.09 Bicycles on Sidewalks.............................................................. 76.08 Construction Standards............................................................. 136.08 Debris on.......................................................................... 136.17 Defacing........................................................................... 136.16 Encroaching Steps.................................................................. 136.13 Fires and Fuel on.................................................................. 136.15 Interference with Improvements..................................................... 136.11 Maintenance........................................................................ 136 Openings and Enclosures............................................................ 136.14 Parking Prohibited on Sidewalks.................................................... 69.06(4) Sales Stands and Merchandise Displays.............................................. 136.18 and 136.19 Snow Removal....................................................................... 136.03 Vehicles Crossing Sidewalks........................................................ 65.07 Vehicles on Sidewalks.............................................................. 62.03 SIGN CODE.......................................................................... 156 SKATES, COASTERS AND TOY VEHICLES Clinging to Vehicle................................................................ 62.04 SNOW REMOVAL From Sidewalks..................................................................... 136.03 From Streets....................................................................... 135.12 Parking............................................................................ 69.13 SNOWMOBILES, UTILITY, AND ALL-TERRAIN VEHICLES............................................... 75 SOLICITORS, PEDDLERS AND TRANSIENT MERCHANTS....................................... 122 SOLID WASTE CONTROL Collection......................................................................... 106 General Provisions................................................................. 105 See also Restricted Discharges to Sewer System..................................... 97.04 SPEED REGULATIONS.................................................................. 63 STATE CODE TRAFFIC REGULATIONS..................................................... 62.01 STOP OR YIELD REQUIRED............................................................. 65 STORM WATER Discharge to Sanitary Sewer Prohibited............................................. 95.04(2) and 97.01 Surface Water Exception............................................................ 97.02 STREET NAME MAP.................................................................... 139.04 and 139.05 STREETS AND ALLEYS Billboards and Signs Obstructing View.............................................. 50.02(6) Blocking Public and Private Ways................................................... 50.02(5) Excavations and Maintenance........................................................ 135 Grades............................................................................. 138 Naming............................................................................. 139 Obstructing Use of Streets......................................................... 40.03(7) Vacation and Disposal.............................................................. 137 See also TRAFFIC CODE SUBDIVISION CONTROL General Provisions................................................................. 170 Improvements and Design Standards.................................................. 172 Procedure.......................................................................... 171 TAX EXEMPTIONS Industrial Development............................................................. 8 TELECOMMUNICATIONS COMMISSION...................................................... 28 TERMS OF OFFICE City Administrator................................................................. 21 Clerk.............................................................................. 18.01 Council............................................................................ 2.04 and 17.01 Mayor.............................................................................. 2.05 and 15.01 Treasurer.......................................................................... 19.01 THEFT Library Property................................................................... 22.11 Public and Private Property........................................................ 42.06 TOBACCO PERMITS.................................................................... 121 TOXIC AND HAZARDOUS WASTE.......................................................... 105.09 TRAFFIC CODE Administration of.................................................................. 60 Enforcement Procedures............................................................. 70 General Regulations................................................................ 62 Load and Weight Restrictions....................................................... 66 One-Way Traffic.................................................................... 68 Parking Regulations................................................................ 69 Pedestrians........................................................................ 67 Speed Regulations.................................................................. 63 Stop or Yield Required............................................................. 65 Traffic Control Devices............................................................ 61 Turning Regulations................................................................ 64 TRAFFIC CONTROL DEVICES Installation; Standards; Compliance................................................ 61 Location........................................................................... 65.10 Traveling on Barricaded Street or Alley............................................ 135.05 TRAFFIC REGULATIONS................................................................ 62.01 TRANSIENT MERCHANTS, PEDDLERS, AND SOLICITORS...................................... 122 TREASURER.......................................................................... 19 TREES Disease Control.................................................................... 151.05 Dutch Elm Disease.................................................................. 50.02(10) Duty to Trim Trees................................................................. 151.03 Inspection and Removal of.......................................................... 151.06 Maintenance of Parking or Terrace.................................................. 135.10 Obstructing View at Intersections.................................................. 62.06 Open Burning Restrictions.......................................................... 105.05 Planting Restrictions.............................................................. 151.02 Trimming Trees to be Supervised.................................................... 151.04 Yard Waste......................................................................... 105.06 TRESPASSING........................................................................ 42.01 TRUCK PARKING LIMITED.............................................................. 69.11 TRUCK ROUTES....................................................................... 66.05 TURNING REGULATIONS................................................................ 64 UNAUTHORIZED ENTRY................................................................. 42.04 UNLAWFUL ASSEMBLY.................................................................. 40.04 UNSAFE BUILDINGS AND EQUIPMENT..................................................... 157 URBAN RENEWAL...................................................................... 9 URBAN REVITALIZATION AREA.......................................................... 10 URINATING AND DEFECATING IN PUBLIC................................................. 41.13 UTILITIES Cable Television................................................................... 111 Natural Gas........................................................................ 110 Sewer Service System............................................................... 95 - 99 Utility Board of Trustees.......................................................... 25 Water Service System............................................................... 90 - 94 U-TURNS............................................................................ 64.02 VACANCIES IN OFFICE................................................................ 5.10 VACATING STREETS OR ALLEYS......................................................... 137 VETO Council May Override............................................................... 17.03 Mayor’s Authority.................................................................. 15.02(4) VICIOUS ANIMALS.................................................................... 56 VIOLATIONS Cigarette and Tobacco Violations (Sale to Minors)................................... 121.07 Environmental....................................................................... 4.02 Municipal Infractions............................................................... 4 Parking............................................................................. 70 Special Penalties for Violation of Sanitary Sewer Regulations....................... 95.09 Standard Penalty for Violation of Code of Ordinances................................ 1.14 Traffic............................................................................. 62.01 Zoning.............................................................................. 165.35 VOTING PRECINCTS AND WARDS.......................................................... 3 WARRANTS............................................................................ 1.12 WASTE STORAGE CONTAINERS............................................................ 105.10 WASTEWATER SYSTEMS, ON-SITE......................................................... 98 WATER POLLUTION..................................................................... 50.02(4) WATER SERVICE SYSTEM Connections; General Regulations.................................................... 90 Meters.............................................................................. 91 Rates............................................................................... 92 WEAPONS Discharging Weapons in City Limits.................................................. 41.11 Taking Weapons During Arrest........................................................ 30.10 Throwing and Shooting............................................................... 41.12 WEEDS AND BRUSH..................................................................... 50.02(9) WELL FIELD PROTECTION............................................................... 94 WELLS, PRIVATE...................................................................... 93 WINE See ALCOHOL YARD REQUIREMENTS See ZONING.......................................................................... 165.20 YARD WASTE.......................................................................... 105.06 YIELD REQUIRED...................................................................... 65 ZONING REGULATIONS.................................................................. 165 See also AIRPORT ZONING REGULATIONS................................................. 180
This code of ordinances shall be known and may be cited as the Code of Ordinances of the City of Vinton, Iowa.
Where words and phrases used in this Code of Ordinances are defined in the Code of Iowa, such definitions apply to their use in this Code of Ordinances unless such construction would be inconsistent with the manifest intent of the Council or repugnant to the context of the provision. Other words and phrases used herein have the following meanings, unless specifically defined otherwise in another portion of this Code of Ordinances or unless such construction would be inconsistent with the manifest intent of the Council or repugnant to the context of the provision:
1. “Alley” means a public right-of-way, other than a street, affording secondary means of access to abutting property.
2. “City” means the City of Vinton, Iowa.
3. “Clerk” means the city clerk of Vinton, Iowa.
4. “Code” means the specific chapter of this Code of Ordinances in which a specific subject is covered and bears a descriptive title word (such as the Building Code and/or a standard code adopted by reference).
5. “Code of Ordinances” means the Code of Ordinances of the City of Vinton, Iowa.
6. “Council” means the city council of Vinton, Iowa.
7. “County” means Benton County, Iowa.
8. “May” confers a power.
9. “Measure” means an ordinance, amendment, resolution or motion.
10. “Must” states a requirement.
11. “Occupant” or “tenant,” applied to a building or land, includes any person who occupies the whole or a part of such building or land, whether alone or with others.
12. “Ordinances” means the ordinances of the City of Vinton, Iowa, as embodied in this Code of Ordinances, ordinances not repealed by the ordinance adopting this Code of Ordinances, and those enacted hereafter.
13. “Person” means an individual, firm, partnership, domestic or foreign corporation, company, association or joint stock association, trust or other legal entity, and includes a trustee, receiver, assignee, or similar representative thereof, but does not include a governmental body.
14. “Public way” includes any street, alley, boulevard, parkway, highway, sidewalk, or other public thoroughfare.
15. “Shall” imposes a duty.
16. “Sidewalk” means that surfaced portion of the street between the edge of the traveled way, surfacing, or curb line and the adjacent property line, intended for the use of pedestrians.
17. “State” means the State of Iowa.
18. “Statutes” or “laws” means the latest edition of the Code of Iowa, as amended.
19. “Street” or “highway” means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic. Words that are not defined in this Code of Ordinances or by the Code of Iowa have their ordinary meaning unless such construction would be inconsistent with the manifest intent of the Council, or repugnant to the context of the provision.
The City may, except as expressly limited by the Iowa Constitution, and if not inconsistent with the laws of the Iowa General Assembly, exercise any power and perform any function it deems appropriate to protect and preserve the rights, privileges, and property of the City and of its residents, and to preserve and improve the peace, safety, health, welfare, comfort, and convenience of its residents, and each and every provision of this Code of Ordinances shall be deemed to be in the exercise of the foregoing powers and the performance of the foregoing functions.
(Code of Iowa, Sec. 364.1)
The applicant for any permit or license under this Code of Ordinances, by making such application, assumes and agrees to pay for any injury to or death of any person or persons whomsoever, and any loss of or damage to property whatsoever, including all costs and expenses incident thereto, however arising from or related to, directly, indirectly, or remotely, the issuance of the permit or license, or the doing of anything thereunder, or the failure of such applicant, or the agents, employees, or servants of such applicant, to abide by or comply with any of the provisions of this Code of Ordinances or the terms and conditions of such permit or license, and such applicant, by making such application, forever agrees to indemnify the City and its officers, agents, and employees, and agrees to save them harmless from any and all claims, demands, lawsuits, or liability whatsoever for any loss, damage, injury, or death, including all costs and expenses incident thereto, by reason of the foregoing. The provisions of this section shall be deemed to be a part of any permit or license issued under this Code of Ordinances or any other ordinance of the City, whether expressly recited therein or not.
When action is brought against the City for personal injuries alleged to have been caused by its negligence, the City may notify in writing any person by whose negligence it claims the injury was caused. The notice shall state the pendency of the action, the name of the plaintiff, the name and location of the court where the action is pending, a brief statement of the alleged facts from which the cause arose, that the City believes that the person notified is liable to it for any judgment rendered against the City, and asking the person to appear and defend. A judgment obtained in the suit is conclusive in any action by the City against any person so notified, as to the existence of the defect or other cause of the injury or damage, as to the liability of the City to the plaintiff in the first named action, and as to the amount of the damage or injury. The City may maintain an action against the person notified to recover the amount of the judgment together with all the expenses incurred by the City in the suit.
In the construction of this Code of Ordinances, the rules of statutory construction as set forth in Chapter 4 of the Code of Iowa shall be utilized to ascertain the intent of the Council, with the understanding that the term “statute” as used therein will be deemed to be synonymous with the term “ordinance” when applied to this Code of Ordinances.
Whenever an officer or employee is required or authorized to do an act by a provision of this Code of Ordinances, the provision shall be construed as authorizing performance by a regular assistant, subordinate, or a duly authorized designee of said officer or employee.
All ordinances that amend, repeal, or in any manner affect this Code of Ordinances shall include proper reference to chapter, section, subsection, or paragraph to maintain an orderly codification of ordinances of the City.
(Code of Iowa, Sec. 380.2)
The catchlines of the several sections of this Code of Ordinances, titles, headings (chapter, section and subsection), editor’s notes, cross references, and State law references, unless set out in the body of the section itself, contained in this Code of Ordinances, do not constitute any part of the law and are intended merely to indicate, explain, supplement, or clarify the contents of a section.
It is unlawful for any unauthorized person to change or amend, by additions or deletions, any part or portion of this Code of Ordinances, or to insert or delete pages, or portions thereof, or to alter or tamper with this Code of Ordinances in any manner that will cause the law of the City to be misrepresented.
If any section, provision, or part of this Code of Ordinances is adjudged invalid or unconstitutional, such adjudication will not affect the validity of this Code of Ordinances as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional.
If consent to enter upon or inspect any building, structure, or property pursuant to a municipal ordinance is withheld by any person having the lawful right to exclude, the City officer or employee having the duty to enter upon or conduct the inspection may apply to the Iowa District Court in and for the County, pursuant to Section 808.14 of the Code of Iowa, for an administrative search warrant. No owner, operator or occupant, or any other person having charge, care, or control of any dwelling unit, rooming unit, structure, building, or premises shall fail or neglect, after presentation of a search warrant, to permit entry therein by the municipal officer or employee.
Whenever this Code of Ordinances grants any discretionary power to the Council or any commission, board, or officer or employee of the City and does not specify standards to govern the exercise of the power, the power shall be exercised in light of the following standard: The discretionary power to grant, deny, or revoke any matter shall be considered in light of the facts and circumstances then existing and as may be reasonably foreseeable, and due consideration shall be given to the impact upon the public health, safety and welfare, and the decision shall be that of a reasonably prudent person under similar circumstances in the exercise of the police power.
Unless another penalty is expressly provided by this Code of Ordinances for violation of any particular provision, section, or chapter, any person failing to perform a duty required by this Code of Ordinances or otherwise violating any provision of this Code of Ordinances or any rule or regulation adopted herein by reference shall, upon conviction, be subject to a fine of at least $65.00 but not to exceed $625.00.†
(Code of Iowa, Sec. 364.3[2] and 903.1[1a])
This chapter may be cited as the charter of the City of Vinton, Iowa.
The form of government of the City is the Mayor-Council form of government.
(Code of Iowa, Sec. 372.4)
The Council and Mayor and other City officers have such powers and shall perform such duties as are authorized or required by State law and by the ordinances, resolutions, rules, and regulations of the City.
The Council consists of two Council Members elected at large and one Council Member from each of four wards as established by this Code of Ordinances, elected for overlapping terms of four years.
(Code of Iowa, Sec. 376.2)
The Mayor is elected for a term of two years.
(Code of Iowa, Sec. 376.2)
The Clerk shall keep an official copy of the charter on file with the official records of the Clerk and the Secretary of State, and shall keep copies of the charter available at the Clerk’s office for public inspection.
(Code of Iowa, Sec. 372.1)
The City is divided into four wards and voting precincts as follows:
1. First Precinct & First Ward. The first precinct and the first ward shall consist of all the portion of the City bounded by a line beginning at the intersection of First Avenue and Second Street, thence east along Second Street to Second Avenue, thence south along Second Avenue to the railroad tracks, thence eastly along said railroad tracks to the east corporate limit of the City, thence north and following the corporate boundary to the west, coming back south crossing the Cedar River on State Highway 150, back to the point of beginning.
2. Second Precinct & Second Ward. The second precinct and second ward shall consist of all of that portion of the City bounded by a line beginning at the intersection of First Avenue and Second Street, thence east along Second Street to Second Avenue, thence south along Second Avenue to the railroad tracks, thence west along said railroad tracks to G Avenue, thence southwesterly along the railroad tracks to the intersection of J Avenue and Eighth Street, thence west on West Eighth Street to K Avenue, thence north along K Avenue to Hinkle Creek, thence southwesterly along said Hinkle Creek to the west corporate limit of the City, thence north and east following the corporate boundary to the point of beginning.
3. Third Precinct & Third Ward. The third precinct and third ward shall consist of all of that portion of the City bounded by the line beginning at the intersection of First Avenue and the railroad tracks, thence west along the railroad tracks to G Avenue, thence southwesterly along the railroad tracks to the intersection of J Avenue and Eighth Street, thence west on West Eighth Street to K Avenue, thence north along K Avenue to Hinkle Creek, thence southwesterly along said Hinkle Creek to the west corporate limit of the City, thence south and following the corporate boundary to the intersection of the south corporate limit and State Highway 150, thence north along State Highway 150 to Fifteenth Street, thence east along Fifteenth Street to A Avenue, thence north along A Avenue to Thirteenth Street, thence east along Thirteenth Street to First Avenue, thence north along First Avenue to the point of beginning.
4. Fourth Precinct & Fourth Ward. The fourth precinct and fourth ward shall consist of all of that portion of the City bounded by a line beginning at the intersection of First Avenue and the railroad tracks, thence east along the railroad tracks southeasterly to the east corporate limit of the City, thence south and west following the corporate boundary to the intersection of the south corporate limit and State Highway 150, thence north along State Highway 150 to Fifteenth Street, thence east along Fifteenth Street to A Avenue, thence north along A Avenue to Thirteenth Street, thence along Thirteenth Street to First Avenue, thence north along First Avenue to the point of beginning.
A violation of this Code of Ordinances or any ordinance or code herein adopted by reference or the omission or failure to perform any act or duty required by the same, with the exception of those provisions specifically provided under State law as a felony, an aggravated misdemeanor, or a serious misdemeanor, or a simple misdemeanor under Chapters 687 through 747 of the Code of Iowa, is a municipal infraction punishable by civil penalty as provided herein.†
(Code of Iowa, Sec. 364.22[3])
† EDITOR’S NOTE: For criminal penalty for violations of this Code of Ordinances, see Section 1.14.
A municipal infraction that is a violation of Chapter 455B of the Code of Iowa or of a standard established by the City in consultation with the Department of Natural Resources, or both, may be classified as an environmental violation. However, the provisions of this section shall not be applicable until the City has offered to participate in informal negotiations regarding the violation or to the following specific violations:
(Code of Iowa, Sec. 364.22[1])
1. A violation arising from noncompliance with a pretreatment standard or requirement referred to in 40 C.F.R. §403.8.
2. The discharge of airborne residue from grain, created by the handling, drying, or storing of grain, by a person not engaged in the industrial production or manufacturing of grain products.
3. The discharge of airborne residue from grain, created by the handling, drying, or storing of grain, by a person engaged in such industrial production or manufacturing if such discharge occurs from September 15 to January 15.
A municipal infraction is punishable by the following civil penalties:
(Code of Iowa, Sec. 364.22[1])
1. Standard Civil Penalties.
A. First offense – not to exceed $750.00
B. Each repeat offense – not to exceed $1,000.00
Each day that a violation occurs or is permitted to exist constitutes a repeat offense.
2. Special Civil Penalties.
A. A municipal infraction arising from noncompliance with a pretreatment standard or requirement, referred to in 40 C.F.R. §403.8, by an industrial user is punishable by a penalty of not more than $1,000.00 for each day a violation exists or continues.
B. A municipal infraction classified as an environmental violation is punishable by a penalty of not more than $1,000.00 for each occurrence. However, an environmental violation is not subject to such penalty if all of the following conditions are satisfied:
(1) The violation results solely from conducting an initial startup, cleaning, repairing, performing scheduled maintenance, testing, or conducting a shutdown of either equipment causing the violation or the equipment designed to reduce or eliminate the violation.
(2) The City is notified of the violation within 24 hours from the time that the violation begins.
(3) The violation does not continue in existence for more than eight hours.
Any officer authorized by the City to enforce this Code of Ordinances may issue a civil citation to a person who commits a municipal infraction. A copy of the citation may be served by personal service as provided in Rule of Civil Procedure 1.305, by certified mail addressed to the defendant at defendant’s last known mailing address, return receipt requested, or by publication in the manner as provided in Rule of Civil Procedure 1.310 and subject to the conditions of Rule of Civil Procedure 1.311. A copy of the citation shall be retained by the issuing officer, and the original citation shall be sent to the Clerk of the District Court. The citation shall serve as notification that a civil offense has been committed and shall contain the following information:
(Code of Iowa, Sec. 364.22[4])
1. The name and address of the defendant.
2. The name or description of the infraction attested to by the officer issuing the citation.
3. The location and time of the infraction.
4. The amount of civil penalty to be assessed or the alternative relief sought, or both.
5. The manner, location, and time in which the penalty may be paid.
6. The time and place of court appearance.
7. The penalty for failure to appear in court.
8. The legal description of the affected real property, if applicable.
If the citation affects real property and charges a violation relating to the condition of the property, including a building code violation, a local housing regulation violation, a housing code violation, or a public health or safety violation, after filing the citation with the Clerk of the District Court, the City shall also file the citation in the office of the County Treasurer.
Seeking a civil penalty as authorized in this chapter does not preclude the City from seeking alternative relief from the court in the same action. Such alternative relief may include, but is not limited to, an order for abatement or injunctive relief.
(Code of Iowa, Sec. 364.22[8])
This chapter does not preclude a peace officer from issuing a criminal citation for a violation of this Code of Ordinances or regulation if criminal penalties are also provided for the violation. Nor does it preclude or limit the authority of the City to enforce the provisions of this Code of Ordinances by criminal sanctions or other lawful means.
(Code of Iowa, Sec. 364.22[11])
The oath of office shall be required and administered in accordance with the following:
- Qualify for Office. Each elected or appointed officer shall qualify for office by taking the prescribed oath and by giving, when required, a bond. The oath shall be taken, and bond provided, after such officer is certified as elected but not later than noon of the first day that is not a Sunday or a legal holiday in January of the first year of the term for which the officer was elected.
(Code of Iowa, Sec. 63.1)
- Prescribed Oath. The prescribed oath is: “I, (name), do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Iowa, and that I will faithfully and impartially, to the best of my ability, discharge all duties of the office of (name of office) in Vinton as now or hereafter required by law.”
(Code of Iowa, Sec. 63.10)
- Officers Empowered to Administer Oaths. The following are empowered to administer oaths and to take affirmations in any matter pertaining to the business of their respective offices:
- Mayor
- City Clerk
- Members of all boards, commissions, or bodies created by law.
(Code of Iowa, Sec. 63A.2)
Surety bonds are provided in accordance with the following:
1. Required. The Council shall provide by resolution for a surety bond or blanket position bond running to the City and covering the Mayor, Clerk, Treasurer, and such other officers and employees as may be necessary and advisable.
(Code of Iowa, Sec. 64.13)
2. Bonds Approved. Bonds shall be approved by the Council.
(Code of Iowa, Sec. 64.19)
3. Bonds Filed. All bonds, after approval and proper record, shall be filed with the Clerk.
(Code of Iowa, Sec. 64.23[6])
4. Record. The Clerk shall keep a book, to be known as the “Record of Official Bonds” in which shall be recorded the official bonds of all City officers, elective or appointive.
(Code of Iowa, Sec. 64.24[3])
Each municipal officer shall exercise the powers and perform the duties prescribed by law and this Code of Ordinances, or as otherwise directed by the Council unless contrary to State law or City charter.
(Code of Iowa, Sec. 372.13[4])
All books and records required to be kept by law or ordinance shall be open to examination by the public upon request, unless some other provisions of law expressly limit such right or require such records to be kept confidential. Access to public records that are combined with data processing software shall be in accordance with policies and procedures established by the City.
(Code of Iowa, Sec. 22.2 & 22.3A)
Each officer shall transfer to his or her successor in office all books, papers, records, documents and property in the officer’s custody and appertaining to that office.
(Code of Iowa, Sec. 372.13[4])
All meetings of the Council, any board or commission, or any multi-membered body formally and directly created by any of the foregoing bodies shall be held in accordance with the following:
1. Notice of Meetings. Reasonable notice, as defined by State law, of the time, date, and place of each meeting and its tentative agenda shall be given.
(Code of Iowa, Sec. 21.4)
2. Meetings Open. All meetings shall be held in open session unless closed sessions are held as expressly permitted by State law.
(Code of Iowa, Sec. 21.3)
3. Minutes. Minutes shall be kept of all meetings showing the date, time and place, the members present, and the action taken at each meeting. The minutes shall show the results of each vote taken and information sufficient to indicate the vote of each member present. The vote of each member present shall be made public at the open session. The minutes shall be public records open to public inspection.
(Code of Iowa, Sec. 21.3)
4. Closed Session. A closed session may be held only by affirmative vote of either two-thirds of the body or all of the members present at the meeting and in accordance with Chapter 21 of the Code of Iowa.
(Code of Iowa, Sec. 21.5)
5. Cameras and Recorders. The public may use cameras or recording devices at any open session.
(Code of Iowa, Sec. 21.7)
6. Electronic Meetings. A meeting may be conducted by electronic means only in circumstances where such a meeting in person is impossible or impractical and then only in compliance with the provisions of Chapter 21 of the Code of Iowa.
(Code of Iowa, Sec. 21.8)
A City officer or employee shall not have an interest, direct or indirect, in any contract or job of work or material or the profits thereof or services to be furnished or performed for the City, unless expressly permitted by law. A contract entered into in violation of this section is void. The provisions of this section do not apply to:
(Code of Iowa, Sec. 362.5)
1. Compensation of Officers. The payment of lawful compensation of a City officer or employee holding more than one City office or position, the holding of which is not incompatible with another public office or is not prohibited by law.
(Code of Iowa, Sec. 362.5[3a])
2. Investment of Funds. The designation of a bank or trust company as a depository, paying agent, or for investment of funds.
(Code of Iowa, Sec. 362.5[3b])
3. City Treasurer. An employee of a bank or trust company, who serves as Treasurer of the City.
(Code of Iowa, Sec. 362.5[3c])
4. Stock Interests. Contracts in which a City officer or employee has an interest solely by reason of employment, or a stock interest of the kind described in subsection 8 of this section, or both, if the contracts are made by competitive bid in writing, publicly invited and opened, or if the remuneration of employment will not be directly affected as a result of the contract and the duties of employment do not directly involve the procurement or preparation of any part of the contract. The competitive bid qualification of this subsection does not apply to a contract for professional services not customarily awarded by competitive bid.
(Code of Iowa, Sec. 362.5[3e])
5. Newspaper. The designation of an official newspaper.
(Code of Iowa, Sec. 362.5[3f])
6. Existing Contracts. A contract in which a City officer or employee has an interest if the contract was made before the time the officer or employee was elected or appointed, but the contract may not be renewed.
(Code of Iowa, Sec. 362.5[3g])
7. Volunteers. Contracts with volunteer firefighters or civil defense volunteers.
(Code of Iowa, Sec. 362.5[3h])
8. Corporations. A contract with a corporation in which a City officer or employee has an interest by reason of stock holdings when less than five percent of the outstanding stock of the corporation is owned or controlled directly or indirectly by the officer or employee or the spouse or immediate family of such officer or employee.
(Code of Iowa, Sec. 362.5[3i])
9. Contracts. Contracts made by the City upon competitive bid in writing, publicly invited and opened.
(Code of Iowa, Sec. 362.5[3d])
10. Cumulative Purchases. Contracts not otherwise permitted by this section, for the purchase of goods or services that benefit a City officer or employee, if the purchases benefiting that officer or employee do not exceed a cumulative total purchase price of $1,500.00 in a fiscal year.
(Code of Iowa, Sec. 362.5[3j])
11. Franchise Agreements. Franchise agreements between the City and a utility and contracts entered into by the City for the provision of essential City utility services.
(Code of Iowa, Sec. 362.5[3l])
12. Third Party Contracts. A contract that is a bond, note or other obligation of the City and the contract is not acquired directly from the City but is acquired in a transaction with a third party who may or may not be the original underwriter, purchaser, or obligee of the contract.
(Code of Iowa, Sec. 362.5[3m])
An elected officer who wishes to resign may do so by submitting a resignation in writing to the Clerk so that it shall be properly recorded and considered. A person who resigns from an elective office is not eligible for appointment to the same office during the time for which the person was elected if, during that time, the compensation of the office has been increased.
Except as otherwise provided by State or City law, all persons appointed to City office or employment may be removed by the officer or body making the appointment, but every such removal shall be by written order. The order shall give the reasons, be filed in the office of the Clerk, and a copy shall be sent by certified mail to the person removed, who, upon request filed with the Clerk within 30 days after the date of mailing the copy, shall be granted a public hearing before the Council on all issues connected with the removal. The hearing shall be held within 30 days after the date the request is filed, unless the person removed requests a later date.
(Code of Iowa, Sec. 372.15)
A vacancy in an elective City office during a term of office shall be filled in accordance with Section 372.13[2] of the Code of Iowa
Except as otherwise provided in Chapter 68B of the Code of Iowa, a public official, public employee or candidate, or that person’s immediate family member, shall not, directly or indirectly, accept or receive any gift or series of gifts from a “restricted donor” as defined in Chapter 68B and a restricted donor shall not, directly or indirectly, individually or jointly with one or more other restricted donors, offer or make a gift or a series of gifts to a public official, public employee, or candidate.
(Code of Iowa, Sec. 68B.22)
All candidates for elective municipal offices shall be nominated under the provisions of Chapter 45 of the Code of Iowa.
(Code of Iowa, Sec. 376.3)
Nominations for elective municipal offices of the City may be made by nomination paper or papers signed by not less than 25 eligible electors, residents of the City.
(Code of Iowa, Sec. 45.1)
The name of a candidate placed upon the ballot by any other method than by petition shall not be added by petition for the same office.
(Code of Iowa, Sec. 45.2)
Nomination papers shall include a petition and an affidavit of candidacy. The petition and affidavit shall be substantially in the form prescribed by the State Commissioner of Elections, shall include information required by the Code of Iowa, and shall be signed in accordance with the Code of Iowa.
(Code of Iowa, Sec. 45.3, 45.5 & 45.6)
The time and place of filing nomination petitions, the presumption of validity thereof, the right of a candidate so nominated to withdraw and the effect of such withdrawal, and the right to object to the legal sufficiency of such petitions, or to the eligibility of the candidate, shall be governed by the appropriate provisions of Chapter 44 of the Code of Iowa.
(Code of Iowa, Sec. 45.4)
The candidates who receive the greatest number of votes for each office on the ballot are elected, to the extent necessary to fill the positions open.
(Code of Iowa, Sec. 376.8[3])
The purpose of this chapter is to establish policies and provide for rules and regulations governing the management of the financial affairs of the City.
The Clerk is the finance and accounting officer of the City and is responsible for the administration of the provisions of this chapter.
To assure the proper accounting and safe custody of moneys the following shall apply:
1. Deposit of Funds. All moneys or fees collected for any purpose by any City officer shall be deposited through the office of the finance officer. If any said fees are due to an officer, they shall be paid to the officer by check drawn by the finance officer and approved by the Council only upon such officer’s making adequate reports relating thereto as required by law, ordinance, or Council directive.
2. Deposits and Investments. All moneys belonging to the City shall be promptly deposited in depositories selected by the Council in amounts not exceeding the authorized depository limitation established by the Council or invested in accordance with the City’s written investment policy and State law, including joint investments as authorized by Section 384.21 of the Code of Iowa.
(Code of Iowa, Sec. 384.21, 12B.10, 12C.1)
3. Petty Cash Fund. The finance officer shall be custodian of a petty cash fund in an amount not to exceed $100.00 for the payment of small claims for minor purchases, collect-on-delivery transportation charges, and small fees customarily paid at the time of rendering a service, for which payments the finance officer shall obtain some form of receipt or bill acknowledged as paid by the vendor or agent. At such time as the petty cash fund is approaching depletion, the finance officer shall draw a check for replenishment in the amount of the accumulated expenditures and said check and supporting detail shall be submitted to the Council as a claim in the usual manner for claims and charged to the proper funds and accounts. It shall not be used for salary payments or other personal services or personal expenses.
There shall be established and maintained separate and distinct funds in accordance with the following:
1. Revenues. All moneys received by the City shall be credited to the proper fund as required by law, ordinance, or resolution.
2. Expenditures. No disbursement shall be made from a fund unless such disbursement is authorized by law, ordinance, or resolution, was properly budgeted, and supported by a claim approved by the Council.
3. Emergency Fund. No transfer may be made from any fund to the Emergency Fund.
(IAC, 545-2.5[384,388], Sec. 2.5[2])
4. Debt Service Fund. Except where specifically prohibited by State law, moneys may be transferred from any other City fund to the Debt Service Fund to meet payments of principal and interest. Such transfers must be authorized by the original budget or a budget amendment.
(IAC, 545-2.5[384,388] Sec. 2.5[3])
5. Capital Improvements Reserve Fund. Except where specifically prohibited by State law, moneys may be transferred from any City fund to the Capital Improvements Reserve Fund. Such transfers must be authorized by the original budget or a budget amendment.
(IAC, 545-2.5[384,388] Sec. 2.5[4])
6. Utility and Enterprise Funds. A surplus in a Utility or Enterprise Fund may be transferred to any other City fund, except the Emergency Fund, by resolution of the Council. A surplus may exist only after all required transfers have been made to any restricted accounts in accordance with the terms and provisions of any revenue bonds or loan agreements relating to the Utility or Enterprise Fund. A surplus is defined as the cash balance in the operating account or the unrestricted net position calculated in accordance with generally accepted accounting principles, after adding back the net pension and other postemployment benefits, liabilities, and the related deferred inflows of resources and deducting the related deferred outflows of resources, in excess of:
A. The amount of the expenses of disbursements for operating and maintaining the utility or enterprise for the preceding three months; and
B. The amount necessary to make all required transfers to restricted accounts for the succeeding three months.
(IAC, 545-2.5[384,388], Sec. 2.5[5])
7. Balancing of Funds. Fund accounts shall be reconciled at the close of each month and a report thereof submitted to the Council.
The annual operating budget of the City shall be prepared in accordance with the following:
1. Proposal Prepared. The finance officer is responsible for preparation of the annual budget detail, for review by the Mayor and Council and adoption by the Council in accordance with directives of the Mayor and Council.
2. Boards and Commissions. All boards, commissions, and other administrative agencies of the City that are authorized to prepare and administer budgets must submit their budget proposals to the finance officer for inclusion in the proposed City budget at such time and in such form as required by the Council.
3. Submission to Council. The finance officer shall submit the completed budget proposal to the Council no later than February 15 of each year.
4. Council Review. The Council shall review the proposed budget and may make any adjustments it deems appropriate in the budget before accepting such proposal for publication, hearing, and final adoption.
5. Notice of Hearing. Upon adopting a proposed budget the Council shall set a date for public hearing thereon to be held before March 15 and cause notice of such hearing and a summary of the proposed budget to be published not less than 10 or more than 20 days before the date established for the hearing. Proof of such publication must be filed with the County Auditor.
(Code of Iowa, Sec. 384.16[3])
6. Copies of Budget on File. Not less than 20 days before the date that the budget must be certified to the County Auditor and not less than 10 days before the public hearing, the Clerk shall make available a sufficient number of copies of the detailed budget to meet the requests of taxpayers and organizations, and have them available for distribution at the offices of the Mayor and Clerk and at the City library.
(Code of Iowa, Sec. 384.16[2])
7. Adoption and Certification. After the hearing, the Council shall adopt, by resolution, a budget for at least the next fiscal year and the Clerk shall certify the necessary tax levy for the next fiscal year to the County Auditor and the County Board of Supervisors. The tax levy certified may be less than, but not more than, the amount estimated in the proposed budget. Two copies each of the detailed budget as adopted and of the tax certificate must be transmitted to the County Auditor.
(Code of Iowa, Sec. 384.16[5])
A City budget finally adopted for the following fiscal year becomes effective July 1 and constitutes the City appropriation for each program and purpose specified therein until amended as provided by this section.
(Code of Iowa, Sec. 384.18)
1. Program Increase. Any increase in the amount appropriated to a program must be prepared, adopted, and subject to protest in the same manner as the original budget.
(IAC, 545-2.2[384, 388])
2. Program Transfer. Any transfer of appropriation from one program to another must be prepared, adopted, and subject to protest in the same manner as the original budget.
(IAC, 545-2.3[384, 388])
3. Activity Transfer. Any transfer of appropriation from one activity to another activity within a program must be approved by resolution of the Council.
(IAC, 545-2.4[384, 388])
4. Administrative Transfers. The finance officer shall have the authority to adjust, by transfer or otherwise, the appropriations allocated within a specific activity without prior Council approval.
(IAC, 545-2.4[384, 388])
The accounting records of the City shall consist of not less than the following:
1. Books of Original Entry. There shall be established and maintained books of original entry to provide a chronological record of cash received and disbursed.
2. General Ledger. There shall be established and maintained a general ledger controlling all cash transactions, budgetary accounts and for recording unappropriated surpluses.
3. Checks. Two signatures are required on all City checks. Checks shall be prenumbered and signed by any two of the following: Clerk, City Administrator, and Mayor, following Council approval, except as provided by subsection 5 hereof.
4. Budget Accounts. There shall be established such individual accounts to record receipts by source and expenditures by program and activity as will provide adequate information and control for budgeting purposes as planned and approved by the Council. Each individual account shall be maintained within its proper fund and so kept that receipts can be immediately and directly compared with revenue estimates and expenditures can be related to the authorizing appropriation. No expenditure shall be posted except to the appropriation for the function and purpose for which the expense was incurred.
5. Immediate Payment Authorized. The Council may by resolution authorize the Clerk to issue checks for immediate payment of amounts due, which if not paid promptly would result in loss of discount, penalty for late payment or additional interest cost. Any such payments made shall be reported to the Council for review and approval with and in the same manner as other claims at the next meeting following such payment. The resolution authorizing immediate payment shall specify the type of payment so authorized and may include (but is not limited to) payment of utility bills, contractual obligations, payroll, and bond principal and interest.
6. Utilities. The finance officer shall perform and be responsible for accounting functions of the municipally owned utilities, including those utilities under the control and management of the Electric Utility Board of Trustees.
The finance officer shall prepare and file the following financial reports:
1. Monthly Reports. There shall be submitted to the Council each month a report showing the activity and status of each fund, program, sub-program, and activity for the preceding month.
2. Annual Report. Not later than December 1 of each year there shall be published an annual report containing a summary for the preceding fiscal year of all collections and receipts, all accounts due the City, and all expenditures, the current public debt of the City, and the legal debt limit of the City for the current fiscal year. A copy of the annual report must be filed with the Auditor of State not later than December 1 of each year.
(Code of Iowa, Sec. 384.22)
The purpose of this chapter is to provide for a partial exemption from property taxation of the actual value added to industrial real estate by the new construction of industrial real estate, research-service facilities, warehouses, and distribution centers.
For use in this chapter the following terms are defined:
1. “Actual value added” means the actual value added as of the first year for which the exemption is received.
2. “Distribution center” means a building or structure used primarily for the storage of goods that are intended for subsequent shipment to retail outlets. Distribution center does not mean a building or structure used primarily to store raw agricultural products, used primarily by a manufacturer to store goods to be used in the manufacturing process, used primarily for the storage of petroleum products, or used for the retail sale of goods.
3. “New construction” means new buildings and structures and includes new buildings and structures that are constructed as additions to existing buildings and structures. New construction does not include reconstruction of an existing building or structure that does not constitute complete replacement of an existing building or structure or refitting of an existing building or structure unless the reconstruction of an existing building or structure is required due to economic obsolescence and the reconstruction is necessary to implement recognized industry standards for the manufacturing and processing of specific products and the reconstruction is required for the owner of the building or structure to continue competitively to manufacture or process those products, which determination shall receive prior approval from the City Council.
4. “Research-service facilities” means a building or group of buildings devoted primarily to research and development activities, including (but not limited to) the design and production or manufacture of prototype products for experimental use and corporate research services that do not have a primary purpose of providing on-site services to the public.
5. “Warehouse” means a building or structure used as a public warehouse for the storage of goods pursuant to Chapter 554, Article 7, of the Code of Iowa, except that it does not mean a building or structure used primarily to store raw agricultural products or from which goods are sold at retail.
The actual value added to industrial real estate by the new construction of industrial real estate, research-service facilities, warehouses, and distribution centers is eligible to receive a partial exemption from taxation for a period of five years. The exemption shall also apply to the acquisition of or improvement to machinery and equipment assessed as real estate pursuant to Section 427A.1[1e] of the Code of Iowa, unless the machinery or equipment is part of the normal replacement or operating process to maintain or expand the existing operational status.
(Code of Iowa, Sec. 427B.3)
The amount of actual value added, which is eligible to be exempt from taxation, shall be as follows:
(Code of Iowa, Sec. 427B.3)
1. For the first year, 75 percent.
2. For the second year, 60 percent.
3. For the third year, 45 percent.
4. For the fourth year, 30 percent.
5. For the fifth year, 15 percent.
The granting of the exemption under this chapter for new construction constituting complete replacement of an existing building or structure shall not result in the assessed value of the industrial real estate being reduced below the assessed value of the industrial real estate before the start of the new construction added.
(Code of Iowa, Sec. 427B.3)
An application shall be filed for each project resulting in actual value added for which an exemption is claimed.
(Code of Iowa, Sec. 427B.4)
1. The application for exemption shall be filed by the owner of the property with the local assessor by February 1 of the assessment year in which the value added is first assessed for taxation.
2. Applications for exemption shall be made on forms prescribed by the Director of Revenue and shall contain information pertaining to the nature of the improvement, its cost, and other information deemed necessary by the Director of Revenue.
A person may submit a proposal to the City Council to receive prior approval for eligibility for a tax exemption on new construction. If the City Council resolves to consider such proposal, it shall publish notice and hold a public hearing thereon. Thereafter, at least 30 days after such hearing, the City Council, by ordinance, may give its prior approval of a tax exemption for new construction if the new construction is in conformance with City zoning. Such prior approval shall not entitle the owner to exemption from taxation until the new construction has been completed and found to be qualified real estate.
(Code of Iowa, Sec. 427B.4)
When in the opinion of the City Council continuation of the exemption granted by this chapter ceases to be of benefit to the City, the City Council may repeal this chapter, but all existing exemptions shall continue until their expiration.
(Code of Iowa, Sec. 427B.5)
A property tax exemption under this chapter shall not be granted if the property for which the exemption is claimed has received any other property tax exemption authorized by law.
(Code of Iowa, Sec. 427B.6)
| The following ordinances not codified herein, and specifically saved from repeal, have been adopted establishing Urban Renewal Areas in the City and remain in full force and effect.
|
||
| ORDINANCE NO. | ADOPTED | NAME OF AREA |
| 567 | 12-14-89 | Northwest Urban Renewal Area |
| 568 | 12-14-89 | Southeast Urban Renewal Area |
| 579 | 02-14-91 | West Urban Renewal Area |
| 580 | 05-09-91 | Southwest Urban Renewal Area |
| 782 | 3-11-99 | Downtown #1 Urban Renewal Area |
| 795 | 12-9-99 | West #2 Urban Renewal Area |
| 868 | 4-24-03 | Addition to Northwest Urban Renewal Area |
| 914 | 6-22-05 | Southeast #2 Urban Renewal Area |
| 1039 | 11-8-18 | 2018 Amendment to the Vinton Consolidated Urban Renewal Area |
| 1047 | 5-14-20 | Vinton Consolidated Urban Renewal Area – Braille School Property |
| The following ordinances not codified herein, and specifically saved from repeal, have been adopted designating Urban Revitalization benefits for the following properties in the City and remain in full force and effect.
|
||
| ORDINANCE NO. | ADOPTED | NAME OF PROPERTY |
| 771 | 1-14-99 | Smith, Traer and Tilford’s Addition |
| 772 | 1-14-99 | Lots 3 and 4, Block 6 Fremont now Vinton |
| 803 | 6-8-00 | Ketchen Building |
| 806 | 8-10-00 | Pizza Ranch |
| 807 | 8-24-00 | Ervin Motors |
| 821 | 1-11-01 | Tract “B” |
| 845 | 4-11-02 | Imperial Apartments |
| 887 | 10-23-03 | Cedar Valley Bank & Trust |
| 888 | 11-13-03 | Hamling Investments |
| 919 | 8-11-05 | Ehlinger Property |
| 940 | 8-24-06 | Assisted Living Facility |
| 944 | 1-25-07 | Stanley Roofing Company |
| 963 | 6-19-08 | Wenner’s Second Addition |
| 970 | 1-8-09 | Brian Hamling, Downtown and
Northwest Industrial |
| 973 | 5-14-09 | Amended Downtown |
| 1019 | 1-26-17 | Tilford’s 2nd Addition Lots 5-8 Block18 |
| 1022 | 8-10-17 | Smith Traer and Tilford Addition Lots 1 and 2 |
| 1046 | 4-23-20 | Hy-Vee Dollar Fresh |
There is hereby created a Municipal Housing Board of Vinton, Iowa, hereinafter referred to as the Board, which shall consist of five members appointed by the Mayor with the advice and consent of Council.
- One of such appointments shall be a member of the City Council who shall serve as Chairperson of the Housing Board. Other appointments shall represent the diverse interests in the community knowledgeable of housing issues as much as possible. A Vice Chairperson shall also be appointed by the Mayor.
- Members shall reside in the area of operation of the Board, which area shall be coterminous with the area of operation of the City. A majority of the members shall constitute a quorum for the purpose of conducting business and exercising powers of the Board.
- Term of Office. The term of office for three of the members originally appointed, including the Chairperson, shall be two years and the term of office for two of the members originally appointed shall be one year. Thereafter the term of office for each member shall be two years. Each member shall hold office until a successor has been appointed. A member shall receive no compensation for services, but shall be entitled to the necessary expenses, including travel expenses, incurred in the discharge of a duty, paid from funds appropriated to the Board.
- Special Meetings. Special meetings may be held at the call of the Chairperson, Vice Chairperson or any three members of the Board by giving at least 48 hours’ notice (written or oral) to every member of the Board. The call for a special meeting shall include an agenda and only matters included in that agenda may be discussed at the meeting. If all members of the Board agree in writing, prior notice of 48 hours to a special meeting may be waived.
- Removal From Office. For inefficiency, or neglect of duty, or misconduct in office, a member may be removed by a majority vote of the City Council.
- Exercise of Powers. The City Council in its discretion may exercise its municipal housing project powers through this Board or through such officers of the municipality as the Council may by resolution determine.
The purposes of the Housing Board are as follows:
1. Establish a comprehensive housing plan.
2. Update or cause to be updated the Housing Needs Assessment and Action Plan every five years.
3. Expand the supply of available, safe, and affordable housing.
4. Address unsound structures in the community.
5. Endeavor to leverage local or private matching funds or financial assistance or other State or federal financial assistance.
6. Serve as the City civil rights agency regarding unfair or discriminatory housing practices.
(Code of Iowa, Sec. 216.19)
The provisions of Chapter 216 of the Code of Iowa pertaining to Unfair or Discriminatory Housing Practices are hereby adopted by reference. The Board shall have the following powers and duties pertaining to it:
1. To receive, investigate, and pass upon charges or complaints alleging unfair or discriminatory practices.
2. To investigate and study the existence, character, causes and extent of discrimination in housing in the City and to attempt the elimination of such discrimination by education and conciliation.
3. To issue such publications and reports of investigation and research as in the judgment of the Board shall tend to promote good will among the various racial, religious, and ethnic groups of the City and which shall tend to minimize or eliminate discrimination in housing because of race, color, creed, sex, religion, national origin, religion, disability, or familial status.
4. To prepare and transmit to the Mayor and Council from time to time, but not less often than once a year, reports describing its proceedings, investigations, hearings conducted and the outcome thereof, decisions rendered, and the other work performed by the Board.
5. To make recommendations to the Mayor and Council for such further legislation concerning discrimination because of race, color, creed, sex, religion, national origin, disability or familial status as it may deem necessary and desirable.
6. To cooperate, within the limits of any appropriations made for its operation, with other agencies or organizations, both public and private, whose purposes are not inconsistent with those of this chapter, and in the planning and conducting of programs designed to eliminate racial, religious, cultural and inter-group tensions in housing.
7. To utilize such employment of the City as required to effectuate its purposes and programs but only after request to and approval of appropriate City department heads. Further, the Board may compensate City employees for services performed during non-regular working hours and employ such outside assistance as its budget permits.
The Mayor is elected for a term of two years.
The powers and duties of the Mayor are as follows:
1. Chief Executive Officer. Act as the chief executive officer of the City and presiding officer of the Council, supervise all departments of the City, except for supervisory duties delegated to the City Administrator, give direction to department heads concerning the functions of the departments, and have the power to examine all functions of the municipal departments, their records and to call for special reports from department heads at any time.
(Code of Iowa, Sec. 372.14[1])
2. Proclamation of Emergency. Have authority to take command of the police and govern the City by proclamation, upon making a determination that a time of emergency or public danger exists. Within the City limits, the Mayor has all the powers conferred upon the Sheriff to suppress disorders.
(Code of Iowa, Sec. 372.14[2])
3. Special Meetings. Call special meetings of the Council when the Mayor deems such meetings necessary to the interests of the City.
(Code of Iowa, Sec. 372.14[1])
4. Mayor’s Veto. Sign, veto, or take no action on an ordinance, amendment, or resolution passed by the Council. The Mayor may veto an ordinance, amendment, or resolution within 14 days after passage. However, the Mayor may not veto an ordinance, amendment, or resolution if the Mayor was entitled to vote on such measure at the time of passage. The Mayor shall explain the reasons for the veto in a written message to the Council at the time of the veto.
(Code of Iowa, Sec. 380.5 & 380.6[2])
5. Reports to Council. Make such oral or written reports to the Council as required. These reports shall concern municipal affairs generally, the municipal departments, and recommendations suitable for Council action.
6. Negotiations. Represent the City in all negotiations properly entered into in accordance with law or ordinance. The Mayor shall not represent the City where this duty is specifically delegated to another officer by law, ordinance, or Council direction.
7. Contracts. Whenever authorized by the Council, sign contracts on behalf of the City.
8. Professional Services. Upon order of the Council, secure for the City such specialized and professional services not already available to the City. In executing the order of the Council, the Mayor shall act in accordance with this Code of Ordinances and the laws of the State.
9. Licenses and Permits. Sign all licenses and permits that have been granted by the Council, except those designated by law or ordinance to be issued by another municipal officer.
10. Nuisances. Issue written order for removal, at public expense, any nuisance for which no person can be found responsible and liable.
11. Absentee Officer. Make appropriate provision that duties of any absentee officer be carried on during such absence.
The Mayor shall appoint the following officials:
(Code of Iowa, Sec. 372.4)
1. Mayor Pro Tem
2. Library Board of Trustees
3. Parks and Recreation Board
4. Zoning Board of Adjustment
5. Zoning Administrative Officer
6. Electric Utility Board of Trustees
7. Building and Housing Board of Appeals
8. Housing Board
The Mayor shall appoint a Council member as Mayor Pro Tem, and shall appoint and dismiss the Police Chief. However, the appointment and dismissal of the Police Chief is subject to the consent of a majority of the Council.
The salary of the Mayor is $3,000.00 per year.
So long as the City is governed by the Mayor-Council form of government composed of a Mayor and a Council consisting of two Council members elected at large, and one Council member from each of four wards, the Mayor may vote to break a tie vote on motions not involving ordinances, resolutions, or appointments made by the Council alone.
(Code of Iowa, Sec. 372.4)
The Mayor shall appoint a member of the Council as Mayor Pro Tem, who shall serve as vice president of the Council.
(Code of
Except for the limitations otherwise provided herein, the Mayor Pro Tem shall perform the duties of the Mayor in cases of absence or inability of the Mayor to perform such duties. In the exercise of the duties of the office the Mayor Pro Tem shall not have power to appoint, employ, or discharge from employment officers or employees that the Mayor has the power to appoint, employ, or discharge without the approval of the Council.
(Code of Iowa, Sec. 372.14[3])
The Mayor Pro Tem shall have the right to vote as a member of the Council.
(Code of Iowa, Sec. 372.14[3])
If the Mayor Pro Tem performs the duties of the Mayor during the Mayor’s absence or disability for a continuous period of 15 days or more, the Mayor Pro Tem may be paid for that period the compensation as determined by the Council, based upon the Mayor Pro Tem’s performance of the Mayor’s duties and upon the compensation of the Mayor.
(Code of Iowa, Sec. 372.13[8])
The Council consists of two Council Members elected at large and one Council Member from each of four wards as established by the Code of Ordinances, elected for overlapping terms of four years.
The powers and duties of the Council include, but are not limited to the following:
1. General. All powers of the City are vested in the Council except as otherwise provided by law or ordinance.
(Code of Iowa, Sec. 364.2[1])
2. Wards. By ordinance, the Council may divide the City into wards based upon population, change the boundaries of wards, eliminate wards, or create new wards.
(Code of Iowa, Sec. 372.13[7])
3. Fiscal Authority. The Council shall apportion and appropriate all funds, and audit and allow all bills, accounts, payrolls and claims, and order payment thereof. It shall make all assessments for the cost of street improvements, sidewalks, sewers and other work, improvement, or repairs that may be specially assessed.
(Code of Iowa, Sec. 364.2[1], 384.16 & 384.38[1])
4. Public Improvements. The Council shall make all orders for the construction of any improvements, bridges, or buildings.
(Code of Iowa, Sec. 364.2[1])
5. Contracts. The Council shall make or authorize the making of all contracts. No contract shall bind or be obligatory upon the City unless approved by the Council.
(Code of Iowa, Sec. 26.10)
6. Employees. The Council shall authorize, by resolution, the number, duties, term of office and compensation of employees or officers not otherwise provided for by State law or the Code of Ordinances.
(Code of Iowa, Sec. 372.13[4])
7. Setting Compensation for Elected Officers. By ordinance, the Council shall prescribe the compensation of the Mayor, Council members, and other elected City officers, but a change in the compensation of the Mayor does not become effective during the term in which the change is adopted, and the Council shall not adopt such an ordinance changing the compensation of any elected officer during the months of November and December in the year of a regular City election. A change in the compensation of Council members becomes effective for all Council members at the beginning of the term of the Council members elected at the election next following the change in compensation.
(Code of Iowa, Sec. 372.13[8])
The Council shall exercise a power only by the passage of a motion, a resolution, an amendment, or an ordinance in the following manner:
(Code of Iowa, Sec. 364.3[1])
1. Action by Council. Passage of an ordinance, amendment, or resolution requires a majority vote of all of the members of the Council. Passage of a motion requires a majority vote of a quorum of the Council. A resolution must be passed to spend public funds in excess of $100,000.00 on a public improvement project, or to accept public improvements and facilities upon their completion. Each Council member’s vote on a measure must be recorded. A measure that fails to receive sufficient votes for passage shall be considered defeated.
(Code of Iowa, Sec. 380.4)
2. Overriding Mayor’s Veto. Within 30 days after the Mayor’s veto, the Council may pass the measure again by a vote of not less than two-thirds of all of the members of the Council.
(Code of Iowa, Sec. 380.6[2])
3. Measures Become Effective. Measures passed by the Council become effective in one of the following ways:
A. An ordinance or amendment signed by the Mayor becomes effective when the ordinance or a summary of the ordinance is published, unless a subsequent effective date is provided within the ordinance or amendment.
(Code of Iowa, Sec. 380.6[1a])
B. A resolution signed by the Mayor becomes effective immediately upon signing.
(Code of Iowa, Sec. 380.6[1b])
C. A motion becomes effective immediately upon passage of the motion by the Council.
(Code of Iowa, Sec. 380.6[1c])
D. If the Mayor vetoes an ordinance, amendment or resolution and the Council repasses the measure after the Mayor’s veto, a resolution becomes effective immediately upon repassage, and an ordinance or amendment becomes a law when the ordinance or a summary of the ordinance is published, unless a subsequent effective date is provided within the ordinance or amendment.
(Code of Iowa, Sec. 380.6[2])
E. If the Mayor takes no action on an ordinance, amendment or resolution, a resolution becomes effective 14 days after the date of passage, and an ordinance or amendment becomes law when the ordinance or a summary of the ordinance is published, but not sooner than 14 days after the date of passage, unless a subsequent effective date is provided within the ordinance or amendment.
(Code of Iowa, Sec. 380.6[3])
“All of the members of the Council” refers to all of the seats of the Council including a vacant seat and a seat where the member is absent, but does not include a seat where the Council member declines to vote by reason of a conflict of interest.
(Code of Iowa, Sec. 380.1[a])
Procedures for giving notice of meetings of the Council and other provisions regarding the conduct of Council meetings are contained in Section 5.06 of this Code of Ordinances. Additional particulars relating to Council meetings are the following:
1. Regular Meetings. The time and place of the regular meetings of the Council shall be fixed by resolution of the Council.
2. Special Meetings. Special meetings shall be held upon call of the Mayor or upon the request of a majority of the members of the Council.
(Code of Iowa, Sec. 372.13[5])
3. Quorum. A majority of all Council members is a quorum.
(Code of Iowa, Sec. 372.13[1])
4. Rules of Procedure. The Council shall determine its own rules and maintain records of its proceedings.
(Code of Iowa, Sec. 372.13[5])
5. Compelling Attendance. Any three members of the Council can compel the attendance of the absent members at any regular, adjourned, or duly called meeting, by serving a written notice upon the absent members to attend at once.
The Council shall appoint the following officials and prescribe their powers, duties, compensation, and term of office:
1. City Clerk
2. City Attorney
3. City Administrator
4. Planning and Zoning Commission
5. Airport Commission
6. Two Airport Zoning Commissioners
7. Two Airport Board of Adjustment Members
The salary of each Council member is $2,000.00 per year.
(Code of Iowa, Sec. 372.13[8])
The Council shall appoint by majority vote a City Clerk to serve at the discretion of the Council. The Clerk shall receive such compensation as established by resolution of the Council.
(Code of Iowa, Sec. 372.13[3])
The Clerk or, in the Clerk’s absence or inability to act, the Deputy Clerk has the powers and duties as provided in this chapter, this Code of Ordinances, and the law.
Within 15 days following a regular or special meeting, the Clerk shall cause the minutes of the proceedings thereof to be published. Such publication shall include a list of all claims allowed and a summary of all receipts and shall show the gross amount of the claims.
(Code of Iowa, Sec. 372.13[6])
The Clerk shall promptly record each measure considered by the Council and record a statement with the measure, where applicable, indicating whether the Mayor signed, vetoed or took no action on the measure, and whether the measure was repassed after the Mayor’s veto.
(Code of Iowa, Sec. 380.7[1 & 2])
The Clerk shall cause to be published all ordinances, enactments, proceedings and official notices requiring publication as follows:
(Code of Iowa, Sec. 362.3)
1. Time. If notice of an election, hearing, or other official action is required by this Code of Ordinances or law, the notice must be published at least once, not less than four or more than 20 days before the date of the election, hearing, or other action, unless otherwise provided by law.
2. Manner of Publication. A publication required by this Code of Ordinances or law must be in a newspaper published at least once weekly and having general circulation in the City.
The Clerk shall authenticate all measures except motions with the Clerk’s signature, certifying the time and manner of publication when required.
(Code of Iowa, Sec. 380.7[4])
The Clerk shall certify all measures establishing any zoning district, building lines, or fire limits and a plat showing the district, lines, or limits to the recorder of the County containing the affected parts of the City.
(Code of Iowa, Sec. 380.11)
The Clerk shall maintain the specified City records in the following manner:
1. Ordinances and Codes. Maintain copies of all effective City ordinances and codes for public use.
(Code of Iowa, Sec. 380.7[5])
2. Custody. Have custody and be responsible for the safekeeping of all writings or documents in which the City is a party in interest unless otherwise specifically directed by law or ordinance.
(Code of Iowa, Sec. 372.13[4])
3. Maintenance. Maintain all City records and documents, or accurate reproductions, for at least five years except that ordinances, resolutions, Council proceedings, records and documents, or accurate reproductions, relating to the issuance, cancellation, transfer, redemption or replacement of public bonds or obligations shall be kept for at least 11 years following the final maturity of the bonds or obligations. Ordinances, resolutions, Council proceedings, records and documents, or accurate reproductions, relating to real property transactions shall be maintained permanently.
(Code of Iowa, Sec. 372.13[3 & 5])
4. Provide Copy. Furnish upon request to any municipal officer a copy of any record, paper or public document under the Clerk’s control when it may be necessary to such officer in the discharge of such officer’s duty; furnish a copy to any citizen when requested upon payment of the fee set by Council resolution; under the direction of the Mayor or other authorized officer, affix the seal of the City to those public documents or instruments that by this Code of Ordinances are required to be attested by the affixing of the seal.
(Code of Iowa, Sec. 372.13[4 & 5] and 380.7[5])
5. Filing of Communications. Keep and file all communications and petitions directed to the Council or to the City generally. The Clerk shall endorse thereon the action of the Council taken upon matters considered in such communications and petitions.
(Code of Iowa, Sec. 372.13[4])
The Clerk shall attend all regular and special Council meetings and, at the direction of the Council, the Clerk shall attend meetings of committees, boards, and commissions. The Clerk shall record and preserve a correct record of the proceedings of such meetings.
(Code of Iowa, Sec. 372.13[4])
The Clerk shall issue or revoke licenses and permits when authorized by this Code of Ordinances, and keep a record of licenses and permits issued which shall show date of issuance, license or permit number, official receipt number, name of person to whom issued, term of license or permit, and purpose for which issued.
(Code of Iowa, Sec. 372.13[4])
The Clerk shall inform all persons appointed by the Mayor or Council to offices in the City government of their positions and the time at which they shall assume the duties of their offices.
(Code of Iowa, Sec. 372.13[4])
The Clerk shall perform the duties relating to elections in accordance with Chapter 376 of the Code of Iowa.
The City seal is in the custody of the Clerk and shall be attached by the Clerk to all transcripts, orders, and certificates that it may be necessary or proper to authenticate. The City seal is circular in form, in the center of which is the word “IOWA” and around the margin of which are the words “CORPORATE SEAL” and “CITY OF VINTON.”
The City Clerk is the Treasurer and performs all functions required of the position of Treasurer.
The Clerk receives no additional compensation for performing the duties of the Treasurer.
The duties of the Treasurer are as follows:
(Code of Iowa, Sec. 372.13[4])
1. Custody of Funds. Be responsible for the safe custody of all funds of the City in the manner provided by law and Council direction.
2. Record of Fund. Keep the record of each fund separate.
3. Record Receipts. Keep an accurate record of all money or securities received by the Treasurer on behalf of the City and specify the date, from whom, and for what purpose received.
4. Record Disbursements. Keep an accurate account of all disbursements, money, or property, specifying date, to whom, and from what fund paid.
5. Special Assessments. Keep a separate account of all money received by the Treasurer from special assessments.
6. Deposit Funds. Upon receipt of moneys to be held in the Treasurer’s custody and belonging to the City, deposit the same in depositories selected by the Council.
7. Reconciliation. Reconcile depository statements with the Treasurer’s books and certify monthly to the Council the balance of cash and investments of each fund and amounts received and disbursed.
8. Debt Service. Keep a register of all bonds outstanding and record all payments of interest and principal.
9. Other Duties. Perform such other duties as specified by the Council by resolution or ordinance.
The Council shall appoint by majority vote a City Attorney to serve at the pleasure of the Council. The City Attorney shall receive such compensation as established by resolution of the Council.
(Code of Iowa, Sec. 372.13[4])
(Ord. 1054 – Jun. 21 Supp.)
The City Attorney shall act as attorney for the City in all matters affecting the City’s interest and appear on behalf of the City before any court, tribunal, commission, or board. The City Attorney shall prosecute or defend all actions and proceedings when so requested by the Mayor or Council.
(Code of Iowa, Sec. 372.13[4])
The City Attorney shall sign the name of the City to all appeal bonds and to all other bonds or papers of any kind that may be essential to the prosecution of any cause in court, and when so signed the City shall be bound upon the same.
(Code of Iowa, Sec. 372.13[4])
The City Attorney shall prepare those ordinances that the Council may desire and direct to be prepared and report to the Council upon all such ordinances before their final passage by the Council and publication.
(Code of Iowa, Sec. 372.13[4])
The City Attorney shall, upon request, make a report to the Council giving an opinion on all contracts, documents, resolutions, or ordinances submitted to or coming under the City Attorney’s notice.
(Code of Iowa, Sec. 372.13[4])
The City Attorney shall give advice or a written legal opinion on City contracts and all questions of law relating to City matters submitted by the Mayor, Council, and department heads.
(Code of Iowa, Sec. 372.13[4])
The City Attorney shall attend meetings of the Council at the request of the Mayor or Council.
(Code of Iowa, Sec. 372.13[4])
The City Attorney shall, upon request, formulate drafts for contracts, forms, and other writings that may be required for the use of the City.
(Code of Iowa, Sec. 372.13[4])
The City Administrator is to be appointed by a majority vote of the Council, and shall hold office at the pleasure of the Council, and shall be subject to removal by a majority vote of the Council.
The City Administrator shall be responsible to the Council for the administration of municipal affairs as directed by the Council.
The City Administrator shall receive such annual salary as the Council shall establish by resolution.
The duties of the City Administrator shall be as follows:
1. Supervise Departments. Supervise all departments of the City and give direction to department heads concerning the functions of the departments.
2. City Laws. Supervise enforcement and execution of the City laws.
3. Council Meetings. Attend all meetings of the Council unless excused by the Mayor.
4. Recommendations. Recommend to the Council such measures as may be deemed necessary or expedient for the good government and welfare of the City.
5. Administration. Generally supervise and direct the administration of the City government and may appoint with the approval of the Council such administrative assistants as shall be deemed advisable.
6. Supervision of Employees. Supervise and direct the office conduct of all officers of the City whom the Administrator has the power to appoint.
7. Personnel. Employ, reclassify, or discharge employees of the City as the occasion requires, and subject to the approval of the Council, fix the compensation to be paid to such employees.
8. Personnel Policies. Prepare and present to the appropriate Council Committee personnel policies and amendments thereto.
9. Public Works. Supervise the construction, improvement, repair, maintenance, and management of all City property, capital improvements and undertakings of the City, including the making and preservation of all surveys, maps, plans, drawings, specifications, and estimates for capital improvements, except property, improvements and undertakings managed by the Parks and Recreation Board, the Electric Utilities Board of Trustees, the Library Board of Trustees and the Airport Commission.
10. Boards and Commissions. Cooperate with the Parks and Recreation Board, the Electric Utility Board of Trustees, the Library Board of Trustees and the Airport Commission.
11. Complaints. Immediately investigate all complaints of dangerous conditions on City properties, and correct unsafe defects in them.
12. Licenses and Permits. Provide for and cause records to be kept of the issuance and revocation of licenses and permits authorized by City laws.
13. Finances. Keep the Council fully advised of the financial and other conditions of the City, and of its future needs.
14. Budget. Cause to be prepared and submitted to the Council annually, the required budgets.
15. Business Officers. At all times, see that the business affairs of the City are transacted by modern and scientific methods and in an efficient and business-like manner, and that records of all of the business affairs of the City are fully and accurately kept.
16. Other. Perform other duties at the Council’s direction.
The public library for the City is known as the Vinton Public Library. It is referred to in this chapter as the Library.
The Board of Trustees of the Library, hereinafter referred to as the Board, consists of eight resident members and one nonresident member. All resident members are to be appointed by the Mayor with the approval of the Council. The nonresident member is to be appointed by the Mayor with the approval of the County Board of Supervisors
All resident members of the Board shall be bona fide citizens and residents of the City. The nonresident member of the Board shall be a bona fide citizen and resident of the unincorporated County. Members shall be over the age of 18 years.
The organization of the Board shall be as follows:
1. Term of Office. All appointments to the Board shall be for four years, except to fill vacancies. Each term shall commence on July 1. Appointments of City resident members shall be made every two years of one-half the total number in odd-numbered years, to stagger the terms. Appointment of the nonresident member shall be made every four years in even-numbered years. Trustees shall serve no more than two consecutive terms, unless appointed to fill a vacancy. A trustee filling a vacancy shall complete that term and be eligible to be appointed to two additional terms. After having completed maximum terms on the Board, a person may be reappointed after being off the Board for two years.
2. Vacancies. The position of any resident Trustee shall be vacated if such member moves permanently from the City. The position of a nonresident Trustee shall be vacated if such member moves permanently from the County or into the City. The position of any Trustee shall be deemed vacated if such member is absent from six consecutive regular meetings of the Board, except in the case of sickness or temporary absence from the City or County. Vacancies in the Board shall be filled in the same manner as an original appointment except that the new Trustee shall fill out the unexpired term for which the appointment is made.
Compensation. Trustees shall receive no compensation for their services.
The Board shall have and exercise the following powers and duties:
1. Officers. To meet and elect from its members a President, a Secretary, and such other officers as it deems necessary. The City Treasurer shall serve as Board Treasurer, but shall not be a member of the Board.
2. Physical Plant. To have charge, control and supervision of the Library, its appurtenances, fixtures and rooms containing the same.
3. Charge of Affairs. To direct and control all affairs of the Library.
4. Hiring of Personnel. To employ a Library Director, and authorize the Library Director to employ such assistants and employees as may be necessary for the proper management of the Library, and fix their compensation; provided, however, prior to such employment, the compensation of the Library Director, assistants, and employees shall have been fixed and approved by a majority of the members of the Board voting in favor thereof.
5. Removal of Personnel. To remove the Library Director, by a two-thirds vote of the Board, and provide procedures for the removal of the assistants or employees for misdemeanor, incompetence, or inattention to duty, subject however, to the provisions of Chapter 35C of the Code of Iowa.
6. Purchases. To select, or authorize the Library Director to select, and make purchases of books, pamphlets, magazines, periodicals, papers, maps, journals, other Library materials, furniture, fixtures, stationery, and supplies for the Library within budgetary limits set by the Board.
7. Use by Nonresidents. To authorize the use of the Library by nonresidents and to fix charges therefor unless a contract for free service exists.
8. Rules and Regulations. To make and adopt, amend, modify, or repeal rules and regulations, not inconsistent with this Code of Ordinances and the law, for the care, use, government and management of the Library and the business of the Board, fixing and enforcing penalties for violations.
9. Expenditures. To have exclusive control of the expenditure of all funds allocated for Library purposes by the Council, and of all moneys available by gift or otherwise for the erection of Library buildings, and of all other moneys belonging to the Library including fines and rentals collected under the rules of the Board.
10. Gifts. To accept gifts of real property, personal property, or mixed property, and devises and bequests, including trust funds; to take the title to said property in the name of the Library; to execute deeds and bills of sale for the conveyance of said property; and to expend the funds received by them from such gifts, for the improvement of the Library.
11. Enforce the Performance of Conditions on Gifts. To enforce the performance of conditions on gifts, donations, devises and bequests accepted by the City by action against the Council.
(Code of Iowa, Ch. 661)
12. Record of Proceedings. To keep a record of its proceedings.
The Board has power to contract with other libraries in accordance with the following:
1. Contracting. The Board may contract with any other boards of trustees of free public libraries, with any other city, school corporation, private or semiprivate organization, institution of higher learning, township, or County, or with the trustees of any County library district for the use of the Library by their respective residents.
(Code of Iowa, Sec. 392.5 & Ch. 28E)
Termination. Such a contract may be terminated at any time by mutual consent of the contracting parties. It also may be terminated by a majority vote of the electors represented by either of the contracting parties. Such a termination proposition shall be submitted to the electors by the governing body of a contracting party on a written petition of not less than five percent in number of the electors who voted for governor in the territory of the contracting party at the last general election. The petition must be presented to the governing body not less than 40 days before the election. The proposition may be submitted at any election provided by law which is held in the territory of the party seeking to terminate the contract.
The Board may authorize the use of the Library by persons not residents of the City or County in any one or more of the following ways:
1. Lending. By lending the books or other materials of the Library to nonresidents on the same terms and conditions as to residents of the City, or County, or upon payment of a special nonresident Library fee.
2. Depository. By establishing depositories of Library books or other materials to be loaned to nonresidents.
3. Bookmobiles. By establishing bookmobiles or a traveling library so that books or other Library materials may be loaned to nonresidents.
Branch Library. By establishing branch libraries for lending books or other Library materials to nonresidents.
All money appropriated by the Council for the operation and maintenance of the Library shall be set aside in an account for the Library. Expenditures shall be paid for only on orders of the Board, signed by two members, its President, Vice President, Treasurer or board members.
(Code of Iowa, Sec. 384.20 & 392.5)
The Board shall make a report to the Council immediately after the close of the fiscal year. This report shall contain statements as to the condition of the Library, the number of books added, the number circulated, the amount of fines collected, and the amount of money expended in the maintenance of the Library during the year, together with such further information as may be required by the Council.
It is unlawful for a person willfully, maliciously or wantonly to tear, deface, mutilate, injure or destroy, in whole or in part, any newspaper, periodical, book, map, pamphlet, chart, picture or other property belonging to the Library or reading room.
(Code of Iowa, Sec. 716.1)
No person shall take possession or control of property of the Library with the intent to deprive the Library thereof.
(Code of Iowa, Sec. 714.1)
There shall be posted in clear public view within the Library notices informing the public of the following:
1. Failure to Return. Failure to return Library materials for two months or more after the date the person agreed to return the Library materials, or failure to return Library equipment for one month or more after the date the person agreed to return the Library equipment, is evidence of intent to deprive the owner, provided a reasonable attempt, including the mailing by restricted certified mail of notice that such material or equipment is overdue and criminal actions will be taken, has been made to reclaim the materials or equipment.
(Code of Iowa, Sec. 714.5)
2. Detention and Search. Persons concealing Library materials may be detained and searched pursuant to law.
(Code of Iowa, Sec. 808.12)
The City Planning and Zoning Commission, hereinafter referred to as the Commission, consists of seven members appointed by the Council. The Commission members shall be residents of the City and shall not hold any elective office in the City government.
(Code of Iowa, Sec. 414.6 & 392.1)
The term of office of the members of the Commission shall be five years. The terms of not more than one-third of the members will expire in any one year.
(Code of Iowa, Sec. 392.1)
If any vacancy exists on the Commission, caused by resignation or otherwise, a successor for the residue of the term shall be appointed in the same manner as the original appointee.
(Code of Iowa, Sec. 392.1)
All members of the Commission shall serve without compensation, except their actual expenses, which shall be subject to the approval of the Council.
(Code of Iowa, Sec. 392.1)
The Commission shall have and exercise the following powers and duties:
1. Selection of Officers. The Commission shall choose annually at its first regular meeting one of its members to act as Chairperson and another as Vice Chairperson, who shall perform all the duties of the Chairperson during the Chairperson’s absence or disability.
(Code of Iowa, Sec. 392.1)
2. Adopt Rules and Regulations. The Commission shall adopt such rules and regulations governing its organization and procedure as it may deem necessary.
(Code of Iowa, Sec. 392.1)
3. Zoning. The Commission shall have and exercise all the powers and duties and privileges in establishing the City zoning regulations and other related matters and may from time to time recommend to the Council amendments, supplements, changes or modifications, all as provided by Chapter 414 of the Code of Iowa.
(Code of Iowa, Sec. 414.6)
4. Recommendations on Improvements. The design and proposed location of public improvements shall be submitted to the Commission for its recommendations prior to any actions being taken by the City for the construction or placement of such improvements. Such requirements and recommendations shall not act as a stay upon action for any such improvement if the Commission, after 30 days’ written notice requesting such recommendations, has failed to file the same.
(Code of Iowa, Sec. 392.1)
5. Review and Comment on Plats. All plans, plats, or re-plats of subdivisions or re-subdivisions of land in the City or adjacent thereto, laid out in lots or plats with the streets, alleys, or other portions of the same intended to be dedicated to the public in the City, shall first be submitted to the Commission and its recommendations obtained before approval by the Council.
(Code of Iowa, Sec. 392.1)
6. Fiscal Responsibilities. The Commission shall have full, complete, and exclusive authority to expend, for and on behalf of the City, all sums of money appropriated to it and to use and expend all gifts, donations, or payments that are received by the City for City planning and zoning purposes.
(Code of Iowa, Sec. 392.1)
7. Limitation on Entering Contracts. The Commission shall have no power to contract debts beyond the amount of its original or amended appropriation as approved by the Council for the present year.
(Code of Iowa, Sec. 392.1)
8. Annual Report. The Commission shall each year make a report to the Mayor and Council of its proceedings, with a full statement of its receipts and disbursements and the progress of its work during the preceding fiscal year.
(Code of Iowa, Sec. 392.1)
A Parks and Recreation Board is hereby created to advise the Council on the needed facilities to provide open space such as parks, playgrounds, and community facilities for other forms of recreation. It shall also plan and oversee City programs and encourage other programs to enhance the leisure time activities of the City’s residents of all ages.
The Board shall consist of seven members, all residents of the City, appointed by the Mayor with the approval of the Council, for overlapping terms of three years. The Board shall annually choose from its membership a Chairperson, Vice Chairperson, and Secretary. Members shall serve without compensation, but may receive reimbursement for expenses incurred in the performance of their duties. Vacancies shall be filled in the same manner as the original appointment for the balance of the term. Members of the Board may serve a maximum two full terms consecutively. If a member fills a vacancy after a term has begun, said Board member shall complete that term and be eligible to be appointed to two additional terms.
In addition to its duty to advise for parks, programs and facilities, and to update and revise these plans as required. The Board shall cooperate with the Mayor, Council, and other City employees for parks and recreation purposes. Additionally, the Board shall also have the following specific powers and duties:
1. Elect Officers. To meet annually in January and elect from its members a Chairperson, a Vice Chairperson, a Secretary and other such officers as it deems necessary.
2. Development. To recommend development and extension of parks and recreational facilities to the Council, and accomplish the same as specific municipal budget allocations permit.
3. Budget. To collaborate with park and recreation staff in the creation and submission to the finance officer on or before the first day of January in each year an estimate, in specific budget form, of amounts necessary for the improvements, operation and maintenance of the parks and recreational facilities for the coming fiscal year, the amounts expended for like purposes for the two preceding years, and the amount of income expected for the next fiscal year from the sources other than taxation.
4. Policy and Public Relations. To perform its legal responsibility, to be responsible for sound programming and personnel policies, to maintain good public relations and to keep records of its proceedings.
(Section 24.03 – Ord. 1067 – Feb. 22 Supp.)
The Board shall make written reports to the Council of its activities from time to time as it deems advisable, or upon Council request. Its revenues and expenditures shall be reported monthly to the Clerk in the manner of other departmental expenditures, and a copy shall be provided to each member of the Board and in the Clerk’s report to the Council.
The Board has the power to make rules and regulations for the use of parks or other recreational facilities or for the conduct of recreation programs, subject to the approval of the rules by the Council. Such rules shall be either posted on the facility or otherwise publicized in a manner to provide adequate notice to the using public. Violation of a rule or regulation so posted or publicized may be cause for denial of use of the facility or if it is a violation of this Code of Ordinances may be prosecuted as a simple misdemeanor.
The purpose of this chapter is to provide for the operation of the municipally owned electric utility by a board of trustees.
Pursuant to an election held November 8, 1977, the management and control of the municipally owned Electric Utility were placed in the hands of a Board of Trustees.
(Code of Iowa, Sec. 388.2)
The Mayor shall appoint, subject to the approval of the Council, five persons to serve as trustees for staggered six-year terms. No public officer or salaried employee of the City may serve on the utility board.
(Code of Iowa, Sec. 388.3)
The Council shall by resolution set the compensation of Board members.
(Code of Iowa, Sec. 388.3)
An appointment to fill a vacancy on the Board of Trustees shall be made in the same manner as an original appointment except that such appointment shall be for the balance of the unexpired term.
(Code of Iowa, Sec. 388.3)
The Board of Trustees may exercise all powers of the City in relation to the City Electric Utility, with the following exceptions:
(Code of Iowa, Sec. 388.4)
1. Taxes, Ordinances, and Bonds. The Board may not certify taxes to be levied, pass ordinances or amendments, or issue general obligation or special assessment bonds.
Code of Iowa, Sec. 388.4[1])
2. Property. Title to all property must be in the name of the City but the Board has full control of such property subject to limitations imposed by law.
(Code of Iowa, Sec. 388.4[2])
3. Reports to Council. The Board shall make a detailed annual report to the Council, including a complete financial statement.
(Code of Iowa, Sec. 388.4[3])
4. Proceedings Published. Immediately following a regular or special meeting, the Board Secretary shall prepare and cause to be published in a newspaper of general circulation in the City a condensed statement of proceedings, including a list of all claims.
(Code of Iowa, Sec. 388.4[4])
The Board shall control tax revenues allocated to it as well as all moneys derived from operations.
(Code of Iowa, Sec. 388.5)
Utility moneys are held in a separate utility fund, with a separate account for each utility or combined utility system.
(Code of Iowa, Sec. 388.5)
The utility may not provide use or service at a discriminatory rate, except to the City or its agencies, as provided in Section 384.91, Code of Iowa.
(Code of Iowa, Sec. 388.6)
A proposal, on motion of the Council or upon receipt of a valid petition, to discontinue the utility board is subject to the approval of the voters of the City, except that the Board may be discontinued by resolution of the Council when the utility it administers is disposed of or leased for a period of over five years.
(Code of Iowa, Sec. 388.2)
There is hereby created an Airport Commission consisting of five members, each of whom shall be a resident of the City or a resident of Benton County served by the airport. At lease three members shall be residents of the City.
(Code of Iowa, Sec. 330.20)
Commissioners shall be appointed by the Council for staggered terms of six years.
(Code of Iowa, Sec. 330.20)
Vacancies shall be filled by appointment of the Council to fill out the unexpired term for which the appointment was made.
(Code of Iowa, Sec. 330.20)
Members of the Commission shall serve without compensation.
(Code of Iowa, Sec. 330.20)
Each Commissioner shall execute and furnish a bond in an amount as established by resolution of the Council.
(Code of Iowa, Sec. 330.20)
The Commission shall elect from its own members a Chairperson and Secretary who shall serve for such term as the Commission shall determine.
(Code of Iowa, Sec. 330.20)
The Commission shall have and exercise the following powers and duties.
1. General. The Commission has all the powers in relation to airports granted to cities under State law except powers to sell the airport.
(Code of Iowa, Sec. 330.21)
2. Budget. The Commission shall annually certify the amount of tax to be levied for airport purposes, and upon such certification the Council may include all or a portion of said amount in its budget.
(Code of Iowa, Sec. 330.21)
3. Funds. All funds derived from taxation or otherwise for airport purposes shall be under the full and absolute control of the Commission for the purposes prescribed by law, and shall be deposited with the Treasurer or City Clerk to the credit of the Airport Commission, and shall be disbursed only on the written orders of the Airport Commission, including the payment of all indebtedness arising from the acquisition and construction of airports and the maintenance, operation, and extension thereof.
(Code of Iowa, Sec. 330.21)
The Airport Commission shall immediately after the close of each municipal fiscal year, file with the City Clerk a detailed and audited written report of all money received and disbursed by the Commission during said fiscal year, and shall publish a summary thereof in an official newspaper.
(Code of Iowa, Sec. 330.22)
There shall be an Airport Zoning Commission consisting of five members, two of whom shall be selected by the Board of Supervisors of the County, two of whom shall be selected by the Council, and one additional member to act as Chairperson shall be selected by a majority vote of the members selected by the County and City as herein provided.
(Code of
The terms of the members of the There shall be an Airport Zoning Commission consisting of five members, two of whom shall be selected by the Board of Supervisors of the County, two of whom shall be selected by the Council, and one additional member to act as Chairperson shall be selected by a majority vote of the members selected by the County and City as herein provided.
(Code of Iowa, Sec. 329.9)
Commission shall be six years. Appointments shall be made every two years of one-third the total number or as near as possible, to provide for staggered terms.
(Code of Iowa, Sec. 329.9)
Members of the Commission may be removed for cause by the appointing authority upon written charges after public hearing. Vacancies shall be filled for the unexpired term of any member whose office becomes vacant in the same manner in which said member was selected.
(Code of Iowa, Sec. 329.9)
The Commission shall have all the powers, duties, and authority vested in it by the laws of the State, now in effect or which may be hereafter enacted, and by resolution and ordinances of the County and City.
The Council desires to assure full compliance with its cable TV franchise, FCC, State and local laws and regulations and interpret and apply such to the benefit of the City and its residents, and to assure that quality and updated services be delivered throughout the City, and that the public interest be protected in all matters relating to the cable service delivering systems.
Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this chapter, have the following meanings. The definitions shall also control and be applied to a Grantee’s cable communication franchise.
1. “Affiliate” means an entity which owns or controls, is owned or controlled by or is under common ownership with a Grantee.
2. “Basic service” means any service tier which includes the retransmission of local television broadcast signals representing at least one of each of the three major broadcast networks (NBC, ABC, and CBS), at least one public television channel, and retransmission of one or more channels available at no cost to Grantee via satellite broadcast and all PEG channels.
3. “FCC” means the Federal Communications Commission.
4. “Franchise” means a legal contract between the City and a person or company, which contract contains terms and conditions for constructing and operating a cable communication system.
5. “Grantee” means a person holding a franchise to operate a cable communication system within the corporate limits of the City.
6. “PEG channels” means channels dedicated to public service, educational or governmental purposes.
7. “Subscriber” means a person who purchases cable television services.
There is hereby created and established as an administrative agency of the City, pursuant to Chapter 392 of the Code of Iowa, to be entitled the Telecommunications Commission, hereinafter referred to as the Commission. The Commission shall consist of five citizens of the City, except that the member recommended by the School Board may reside anywhere in the Community School District, appointed by the Mayor, subject to approval of the Council. A majority of the members shall be subscribers to a telephone and television system at the time of their appointment. In its appointments the Council shall endeavor to develop a Commission versed and competent in telecommunication administration, finances and regulation. Anyone who is an owner, affiliate, shareholder, employee or agent of a city cable franchise holder, any prospective franchise holder or any public or private utility is ineligible to serve as a member of the Commission. It is recommended that one member be an officer, agent, employee, or Board member of the public school system, recommended by the School Board. There shall be one member of the Council and one member of the Electric Utility Board appointed as liaison members of the Commission with no voting right.
Members shall be appointed for staggered terms of six years. Terms commence on January 1. If the Council fails to make an appointment upon expiration of a term, the incumbent shall continue to serve until an appointment is made. If any member fails to attend at least two-thirds of the regularly scheduled Commission meetings in a 12-month period, the Commission may request the Council to declare that member’s seat vacant. Attendance of all members shall be entered in the minutes. Members shall receive compensation of $10.00 for each regular or special meeting attended of the Commission, both in and out of town, provided such funds have been duly budgeted and such budget approved by the Council. Actual expenses incurred by members in performance of duties may be reimbursed in accordance with such procedures as are established by the Commission and the Treasurer.
Members of the Commission are authorized, empowered, and directed to elect one of their members to serve as President of the Commission, and are further authorized and empowered to elect such other officers from their membership as the Commission may determine to be necessary. The City Administrator shall be advisor to the Commission and City staff shall perform secretarial and administrative duties for the Commission as requested by the Commission.
Treasurer of the City is the treasurer of the Commission and receives and disburses all funds under the control of the Commission as ordered by it, but receives no additional compensation for such services.
The members shall meet as necessary but at least annually in January. A quorum of three members shall be required for members to conduct their business. All meetings and proceedings of the Commission shall conform with applicable open meetings law requirements. The Commission shall file with the Council a copy of the minutes of each regular and special meeting within 10 days after such meeting.
The powers of the Commission shall be:
1. To exercise all powers and duties provided elsewhere in this chapter, Chapter 111, and other applicable ordinances.
2. To establish and promulgate such rules for the implementation of the provisions of this chapter and as necessary to carry out its functions as it shall deem necessary or useful, provided such rules shall not exceed the scope of the provisions of this chapter and shall not be in conflict with any provisions of this chapter.
3. Primary responsibility for the continuing administration of the cable TV franchise, City Cable Ordinance and implementation of complaint procedures.
4. The Commission will have the authority to:
A. Administer oaths and affirmations;
B. Issue subpoenas;
C. Examine witnesses;
D. Rule upon questions of evidence;
E. Take or cause depositions to be taken;
F. Conduct proceedings in accordance with this law;
G. Exclude from the proceeding any person engaging in contemptuous conduct or otherwise disrupting the proceedings;
H. Hold conferences for the settlement or simplification of the issues by consent of the parties; and
I. Take actions and make decisions or recommend decisions in conformity with this law.
5. Reasonable, necessary and convenient powers for the design, establishment, lease or construction, operation, management and control of a municipal cable system and related facilities (including but not limited to coordinating the use of the facilities of the cable system as a “load management system” for the municipal electric utility) and which may legally be delegated to the Commission, except as such powers may be expressly limited by statute or ordinance and this chapter may be liberally construed to further the design, establishment, lease or construction, operation, management and control of the municipal cable system.
6. The Commission may not pledge the credit or taxing power of the City. All contracts and agreements entered into by the Commission shall be in the name and on behalf of the City and shall be binding on the City without review or approval of Council. However, any provisions of this chapter to the contrary notwithstanding, any contract or agreement entered into by the Commission pursuant to Chapter 28E of the Code of Iowa, or statutes amendatory thereof or supplementary thereto, or any construction contract or agreement subject to the provisions of Division VI of Chapter 384 of the Code of Iowa, or any statutes amendatory thereof or supplementary thereto shall be binding on the City only upon review and approval by the Council. No such contract or agreement may conflict with the provisions of Division V of Chapter 384 or Chapter 388, of the Code of Iowa, or any action taken pursuant to the provisions of the same.
7. Any and all property, real, personal or mixed, acquired by the Commission with regard to a cable system shall be held in the name and on behalf of the City.
8. In exercising any or all of the powers and duties granted or directed herein, the Commission shall determine and comply with all applicable federal or State Constitutional, Statutory or Regulatory provisions, including but not limited to rules and regulations promulgated by the FCC.
The duties of the Commission shall include but not be limited to:
1. Receive and investigate such complaints, disputes or disagreements as may be directed or referred to the City between subscribers or potential subscribers and Grantees of cable television franchises; and enforce FCC customer service standards and other regulations of the City related to franchises.
2. Resolve disputes or disagreements between subscribers or potential subscribers and a Grantee of a cable television franchise should such parties be unable to first resolve their dispute. The Commission shall conduct a public hearing upon any petition by any person seeking resolution of a dispute concerning the operation of any franchise granted hereunder. A Grantee shall be provided with a copy and shall be given not less than 10 days’ notice of a hearing on such petition. The hearing shall be conducted pursuant to rules adopted by the Commission. Following a hearing the Commission shall issue its finding or determination which shall be final. Any person aggrieved may seek relief therefrom in the District Court of Iowa as provided by law.
3. Review and audit all reports, records, communications or other documents submitted to the City by a cable television Grantee as required.
4. The Commission, by its Treasurer, is authorized, empowered and directed to maintain corporate books of account with regard to all receipts and expenditures by the Commission with regard to a municipal cable system and is further directed to separately account for all transfers received from other funds of the City, City utilities or enterprises or other City agencies or departments. To the extent that the Commission determines according to generally accepted accounting principles that the cable system has generated surplus funds, such surplus funds are to be used to reimburse any City, City utility or enterprise or other City fund to the extent the Commission has previously received transfers from such funds. If such reimbursements are current, such surplus funds of the Commission are transferred to the general fund of the City on the approval of the Council. The Commission within 60 days after the end of each fiscal year of the Commission shall file with the Council a written report outlining all receipts and expenditures by the Commission with regard to the cable system during the preceding fiscal year. The Commission shall file such other reports in the forms and at the times directed by the Council.
5. Solicit, receive and accept on behalf of the City applications for subscriptions to a municipal cable system, and act as an agent of the City by implementing the provisions of a subscription agreement with each subscriber to the telecommunication services, which agreement consists of an application for subscription to the cable system and an operating code for the cable system.
6. Propose and implement amendments to the application for subscription and the operating code for the municipal cable system, including, but not limited to, amendments establishing and adjusting reasonable and necessary deposits, fees and charges for the services of the telecommunication system, such amendments to be effective only upon the occurrence of the following events:
A. The filing of such amendments with the Clerk; and
B. The occurrence of one of the following events:
(1) The approval of such amendments by resolution of the Council; or
(2) The passage of the thirtieth day following the filing of such amendments with the Clerk; and
C. The passage of the thirtieth day following the deposit in the United States mails of written notice of such amendments to all then current telecommunications subscribers;
7. Establish the initial programming and channel coverage of the municipal telecommunication system and adjust such programming and channel coverage as the Commission may determine to be necessary, notice of the establishment of such programming and channel coverage and any adjustments thereto being filed with the Clerk but effective without approval by the Council, and the Council being guided by the following principles:
A. The telecommunications system should deliver to its subscribers the broadest range of “pay” communication services as are economically feasible within the system design approved by the Council;
B. The telecommunication system should deliver to its subscribers communication services representing the broadest spectrum of political, religious, economic, social and cultural viewpoints as are economically feasible within the system design approved by the Council;
8. Collect all such deposits, fees and charges from subscribers to the municipal telecommunication system as mandated in the application for subscription and operating code with regard to the municipal system as amended; and receive all funds allocated to and for the use of the municipal telecommunication system by the City; and disburse any and all funds, fees, charges or deposits collected or received by the Commission for the use and benefit of the municipal telecommunication system.
9. The Commission shall not implement any material design changes in the municipal cable system or alter the geographical coverage of the municipal system unless proposals for such changes and the plans and specifications therefor are filed with the Clerk and either are approved by resolution of the Council or the Council has not by resolution disapproved such design, plans, and specifications by the thirtieth day after their filing with the Clerk.
10. Regulate basic cable service rates of cable television franchises in the City in accordance with FCC guidelines and as prescribed elsewhere in this Code of Ordinances.
11. To administer sanctions as authorized by this chapter for failure to comply with the terms of this chapter or any franchise agreement and to make such recommendations for action by the Council as otherwise required by this chapter.
12. From time to time as the Commission shall deem appropriate make recommendations to the Council for any amendments to this chapter and Chapter 111 deemed by the Commission to be advisable.
The Police Department of the City is established to provide for the preservation of peace and enforcement of law and ordinances within the corporate limits of the City.
The department consists of the Police Chief and such other law enforcement officers and personnel, whether full or part time, as may be authorized by the Council.
In no case shall any person be selected or appointed as a law enforcement officer unless such person meets the minimum qualification standards established by the Iowa Law Enforcement Academy.
(Code of Iowa, Sec. 80B.11)
All peace officers shall have received the minimum training required by law at an approved law enforcement training school within one year of employment. Peace officers shall also meet the minimum in-service training as required by law.
(Code of Iowa, Sec. 80B.11[2])
(IAC, 501-3 and 501-8)
Members of the department are designated by rank and receive such compensation as shall be determined by resolution of the Council.
The Mayor shall appoint and dismiss the Police Chief subject to the consent of a majority of the Council.
(Code of Iowa, Sec. 372.4)
The Police Chief has the following powers and duties subject to the approval of the Council.
(Code of Iowa, Sec. 372.13[4])
1. General. Perform all duties required of the Police Chief by law or ordinance.
2. Enforce Laws. Enforce all laws, ordinances, and regulations and bring all persons committing any offense before the proper court.
3. Writs. Execute and return all writs and other processes directed to the Police Chief.
4. Accident Reports. Report all motor vehicle accidents investigated to the State Department of Transportation.
(Code of Iowa, Sec. 321.266)
5. Prisoners. Be responsible for the custody of prisoners, including conveyance to detention facilities as may be required.
6. Assist Officials. When requested, provide aid to other City officers, boards, and commissions in the execution of their official duties.
7. Investigations. Provide for such investigation as may be necessary for the prosecution of any person alleged to have violated any law or ordinance.
8. Record of Arrests. Keep a record of all arrests made in the City by showing whether said arrests were made under provisions of State law or City ordinance, the offense charged, who made the arrest and the disposition of the charge.
9. Reports. Compile and submit to the Mayor and Council an annual report as well as such other reports as may be requested by the Mayor or Council.
10. Command. Be in command of all officers appointed for police work and be responsible for the care, maintenance, and use of all vehicles, equipment, and materials of the department.
The Police Chief shall establish such rules, not in conflict with the Code of Ordinances, and subject to the approval of the Council, as may be necessary for the operation of the department.
Any peace officer making a legal arrest may orally summon as many persons as the officer reasonably finds necessary to aid the officer in making the arrest.
(Code of Iowa, Sec. 804.17)
Any person who makes an arrest may take from the person arrested all items that are capable of causing bodily harm which the arrested person may have within such person’s control, to be disposed of according to law.
(Code of Iowa, Sec. 804.18)
A volunteer fire department is hereby established to prevent and extinguish fires and to protect lives and property against fires, to promote fire prevention and fire safety, and to answer all emergency calls for which there is no other established agency.
(Code of
The department consists of the Fire Chief and such other officers and personnel as may be authorized by the Council.
(Code of Iowa, Sec. 372.13[4])
No person having otherwise qualified shall be appointed to the department until such appointment is submitted to and approved by a majority of the Council members.
All members of the department shall meet the minimum training standards established by the State Fire Marshal and attend and actively participate in regular or special training drills or programs as directed by the Fire Chief.
(Code of Iowa, Sec. 100B.2[4])
The Vinton Fire Department Association shall receive annual compensation, as set by resolution of the Council, from the City. Such department compensation shall be deemed payments for maintenance services and training performed by department members. Payments to the Fire Department Association shall be sent to the department treasurer in the amount indicated and certified by the department secretary. Such payments may be used as the department association members determine in conformity with the constitution adopted by the department. Payments made to the Fire Department Association shall immediately be deposited in the department association bank account, and the money so accumulated shall no longer be public funds. Compensation for members shall also be set by Council resolution and shall provide compensation for leadership and responding to and extinguishing fires. Such compensation shall be certified monthly to the Clerk by the secretary and shall be paid directly to the Fire Department officers and members.
The department shall elect a Fire Chief and such other officers as its constitution and bylaws may provide, but the election of the Fire Chief shall be subject to the approval of the Council. In case of absence of the Fire Chief, the officer next in rank shall be in charge and have and exercise all the powers of Fire Chief.
The Fire Chief shall perform all duties required of the Fire Chief by law or ordinance, including (but not limited to) the following:
(Code of Iowa, Sec. 372.13[4])
1. Enforce Laws. Enforce ordinances and laws regulating fire prevention and the investigation of the cause, origin, and circumstances of fires.
2. Technical Assistance. Upon request, give advice concerning private fire alarm systems, fire extinguishing equipment, fire escapes and exits, and development of fire emergency plans.
3. Authority at Fires. When in charge of a fire scene, direct an operation as necessary to extinguish or control a fire, perform a rescue operation, investigate the existence of a suspected or reported fire, gas leak, or other hazardous condition, or take any other action deemed necessary in the reasonable performance of the department’s duties.
(Code of Iowa, Sec. 102.2)
4. Control of Scenes. Prohibit an individual, vehicle, or vessel from approaching a fire scene and remove from the scene any object, vehicle, vessel, or individual that may impede or interfere with the operation of the Fire Department.
(Code of Iowa, Sec. 102.2)
5. Authority to Barricade. When in charge of a fire scene, place or erect ropes, guards, barricades, or other obstructions across a street, alley, right-of-way, or private property near the location of the fire or emergency so as to prevent accidents or interference with the firefighting efforts of the Fire Department, to control the scene until any required investigation is complete, or to preserve evidence related to the fire or other emergency.
(Code of Iowa, Sec. 102.3)
6. Command. Be charged with the duty of maintaining the efficiency, discipline, and control of the Fire Department. The members of the Fire Department shall, at all times, be subject to the direction of the Fire Chief.
7. Property. Exercise and have full control over the disposition of all fire apparatus, tools, equipment, and other property used by or belonging to the Fire Department.
8. Notification. Whenever death, serious bodily injury, or property damage in excess of $200,000.00 has occurred as a result of a fire, or if arson is suspected, notify the State Fire Marshal’s Division immediately. For all other fires causing an estimated damage of $50.00 or more or emergency responses by the Fire Department, file a report with the Fire Marshal’s Division within 10 days following the end of the month. The report shall indicate all fire incidents occurring and state the name of the owners and occupants of the property at the time of the fire, the value of the property, the estimated total loss to the property, origin of the fire as determined by investigation, and other facts, statistics, and circumstances concerning the fire incidents.
(Code of Iowa, Sec. 100.2 & 100.3)
9. Right of Entry. Have the right, during reasonable hours, to enter any building or premises within the Fire Chief’s jurisdiction for the purpose of making such investigation or inspection that under law or ordinance may be necessary to be made and that is reasonably necessary to protect the public health, safety, and welfare.
(Code of Iowa, Sec. 100.12)
10. Recommendation. Make such recommendations to owners, occupants, caretakers, or managers of buildings necessary to eliminate fire hazards.
(Code of Iowa, Sec. 100.13)
11. Assist State Fire Marshal. At the request of the State Fire Marshal, and as provided by law, aid said marshal in the performance of duties by investigating, preventing and reporting data pertaining to fires.
12. Records. Cause to be kept records of the Fire Department personnel, firefighting equipment, depreciation of all equipment and apparatus, the number of responses to alarms, their cause, and location, and an analysis of losses by value, type and location of buildings.
13. Reports. Compile and submit to the Mayor and Council an annual report of the status and activities of the department as well as such other reports as may be requested by the Mayor or Council.
No person shall willfully fail or refuse to comply with any lawful order or direction of the Fire Chief.
The department shall adopt a constitution and bylaws as they deem calculated to accomplish the object contemplated, and such constitution and bylaws and any change or amendment to such constitution and bylaws before being effective, must be approved by the Council.
The Council shall contract to insure the City against liability for worker’s compensation and against statutory liability for the costs of hospitalization, nursing, and medical attention for volunteer firefighters injured in the performance of their duties as firefighters whether within or outside the corporate limits of the City. All volunteer firefighters shall be covered by the contract.
(Code of Iowa, Sec. 85.2, 85.61 and Sec. 410.18)
The Council shall contract to insure against liability of the City or members of the department for injuries, death or property damage arising out of and resulting from the performance of departmental duties within or outside the corporate limits of the City.
(Code of Iowa, Sec. 670.2 & 517A.1)
The department shall answer calls to fires and other emergencies outside the Fire District if the Fire Chief determines that such emergency exists and that such action will not endanger persons and property within the Fire District.
(Code of Iowa, Sec. 364.4[2 & 3])
Subject to approval by resolution of the Council, the department may enter into mutual aid agreements with other legally constituted fire departments. Copies of any such agreements shall be filed with the Clerk.
(Code of Iowa, Sec. 364.4[2 & 3])
Fire officials acting under the authority of Chapter 100 of the Code of Iowa may issue citations in accordance to Chapter 805 of the Code of Iowa, for violations of State and/or local fire safety regulations.
(Code of Iowa, Sec. 100.41)
In order to reduce the danger to the public health, safety, and welfare from the leaks and spills of hazardous substances, these regulations are promulgated to establish responsibility for the treatment, removal and cleanup of hazardous substance spills within the City limits.
For purposes of this chapter the following terms are defined:
1. “Cleanup” means actions necessary to contain, collect, control, identify, analyze, clean up, treat, disperse, remove, or dispose of a hazardous substance.
(Code of Iowa, Sec. 455B.381[1])
2. “Hazardous condition” means any situation involving the actual, imminent, or probable spillage, leakage, or release of a hazardous substance onto the land, into a water of the State, or into the atmosphere which creates an immediate or potential danger to the public health or safety or to the environment.
(Code of Iowa, Sec. 455B.381[4])
3. “Hazardous substance” means any substance or mixture of substances that presents a danger to the public health or safety and includes, but is not limited to, a substance that is toxic, corrosive, or flammable, or that is an irritant or that generates pressure through decomposition, heat, or other means. “Hazardous substance” may include any hazardous waste identified or listed by the administrator of the United States Environmental Protection Agency under the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976, or any toxic pollutant listed under Section 307 of the Federal Water Pollution Control Act as amended to January 1, 1977, or any hazardous substance designated under Section 311 of the Federal Water Pollution Control Act as amended to January 1, 1977, or any hazardous material designated by the Secretary of Transportation under the Hazardous Materials Transportation Act.
(Code of Iowa, Sec. 455B.381[5])
4. “Responsible person” means a person who at any time produces, handles, stores, uses, transports, refines, or disposes of a hazardous substance, the release of which creates a hazardous condition, including bailees, carriers, and any other person in control of a hazardous substance when a hazardous condition occurs, whether the person owns the hazardous substance or is operating under a lease, contract, or other agreement with the legal owner of the hazardous substance.
(Code of Iowa, Sec. 455B.381[7])
Whenever a hazardous condition is created by the deposit, injection, dumping, spilling, leaking or placing of a hazardous substance, so that the hazardous substance or a constituent of the hazardous substance may enter the environment or be emitted into the air or discharged into any waters, including ground waters, the responsible person shall cause the condition to be remedied by a cleanup, as defined in the preceding section, as rapidly as feasible to an acceptable, safe condition. The costs of cleanup shall be borne by the responsible person. If the responsible person does not cause the cleanup to begin in a reasonable time in relation to the hazard and circumstances of the incident, the City may, by an authorized officer, give reasonable notice, based on the character of the hazardous condition, said notice setting a deadline for accomplishing the cleanup and stating that the City will proceed to procure cleanup services and bill the responsible person for all costs associated with the cleanup if the cleanup is not accomplished within the deadline. In the event that it is determined that immediate cleanup is necessary as a result of the present danger to the public health, safety and welfare, then no notice shall be required and the City may proceed to procure the cleanup and bill the responsible person for all costs associated with the cleanup. If the bill for those services is not paid within 30 days, the City Attorney shall proceed to obtain payment by all legal means. If the cost of the cleanup is beyond the capacity of the City to finance it, the authorized officer shall report to the Council and immediately seek any State or federal funds available for said cleanup.
The responsible person shall be strictly liable to the City for all of the following:
1. The reasonable cleanup costs incurred by the City or the agents of the City as a result of the failure of the responsible person to clean up a hazardous substance involved in a hazardous condition.
2. The reasonable costs incurred by the City or the agents of the City to evacuate people from the area threatened by a hazardous condition caused by the person.
3. The reasonable damages to the City for the injury to, destruction of, or loss of City property, including parks and roads, resulting from a hazardous condition caused by that person, including the costs of assessing the injury, destruction or loss.
The excessive and extraordinary cost incurred by the City or the agents of the City in responding at and to the scene of a hazardous condition caused by that person.
1. A person manufacturing, storing, handling, transporting, or disposing of a hazardous substance shall notify the Police Department of the occurrence of a hazardous condition as soon as possible but not later than six hours after the onset of the hazardous condition or discovery of the hazardous condition. The Police Department shall immediately notify the Department of Natural Resources.
2. Any other person who discovers a hazardous condition shall notify the Police Department, Fire Department or County Office of Emergency Management, which shall then notify the Department of Natural Resources.
If the circumstances reasonably so require, the law enforcement officer or an authorized representative may:
1. Evacuate persons from their homes to areas away from the site of a hazardous condition, and
2. Establish perimeters or other boundaries at or near the site of a hazardous condition and limit access to cleanup personnel.
No person shall disobey an order of any law enforcement officer issued under this section.
The City shall not be liable to any person for claims of damages, injuries, or losses resulting from any hazardous condition, unless the City is the responsible person as defined in Section 36.02(4).
No person shall, without justification, commit any of the following:
- Pain or Injury. Any act that is intended to cause pain or injury to another or that is intended to result in physical contact that will be insulting or offensive to another, coupled with the apparent ability to execute the act.
(Code of Iowa, Sec. 708.1[1])
- Threat of Pain or Injury. Any act that is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act.
(Code of Iowa, Sec. 708.1[2])
An act described in subsections 1 and 2 shall not be an assault under the following circumstances: (i) if the person doing any of the enumerated acts, and such other person, are voluntary participants in a sport, social or other activity, not in itself criminal, and such act is a reasonably foreseeable incident of such sport or activity, and does not create an unreasonable risk of serious injury or breach of the peace; (ii) if the person doing any of the enumerated acts is employed by a school district or accredited nonpublic school, or is an area education agency staff member who provides services to a school or school district, and intervenes in a fight or physical struggle or other disruptive situation that takes place in the presence of the employee or staff member performing employment duties in a school building, on school grounds, or at an official school function, regardless of the location, whether the fight or physical struggle or other disruptive situation is between students or other individuals, if the degree and the force of the intervention is reasonably necessary to restore order and to protect the safety of those assembled.
(Code of Iowa, Sec. 708.1)
No person shall commit harassment.
1. A person commits harassment when, with intent to intimidate, annoy, or alarm another person, the person does any of the following:
A. Communicates with another by telephone, telegraph, writing, or via electronic communication without legitimate purpose and in a manner likely to cause the other person annoyance or harm.
(Code of Iowa, Sec. 708.7)
B. Places any simulated explosive or simulated incendiary device in or near any building, vehicle, airplane, railroad engine or railroad car, or boat occupied by the other person.
(Code of Iowa, Sec. 708.7)
C. Orders merchandise or services in the name of another, or to be delivered to another, without such other person’s knowledge or consent.
(Code of Iowa, Sec. 708.7)
D. Reports or causes to be reported false information to a law enforcement authority implicating another in some criminal activity, knowing that the information is false, or reports the alleged occurrence of a criminal act, knowing the same did not occur.
(Code of Iowa, Sec. 708.7)
2. A person commits harassment when the person, purposefully and without legitimate purpose, has personal contact with another person, with the intent to threaten, intimidate or alarm that other person. As used in this section, unless the context otherwise requires, “personal contact” means an encounter in which two or more people are in visual or physical proximity to each other. “Personal contact” does not require a physical touching or oral communication, although it may include these types of contacts.
No person shall do any of the following:
1. Fighting. Engage in fighting or violent behavior in any public place or in or near any lawful assembly of persons, provided that participants in athletic contests may engage in such conduct that is reasonably related to that sport.
(Code of Iowa, Sec. 723.4[1a])
2. Noise. Make loud and raucous noise in the vicinity of any residence or public building which intentionally or recklessly causes unreasonable distress to the occupants thereof.
(Code of Iowa, Sec. 723.4[1b])
3. Abusive Language. Direct abusive epithets or make any threatening gesture that the person knows or reasonably should know is likely to provoke a violent reaction by another.
(Code of Iowa, Sec. 723.4[1c])
4. Disrupt Lawful Assembly. Without lawful authority or color of authority, disturb any lawful assembly or meeting of persons by conduct intended to disrupt the meeting or assembly.
(Code of Iowa, Sec. 723.4[1d])
5. False Report of Catastrophe. By words or action, initiate or circulate a report or warning of fire, epidemic, or other catastrophe, knowing such report to be false or such warning to be baseless.
(Code of Iowa, Sec. 723.4[1e])
6. Disrespect of Flag. Knowingly and publicly use the flag of the United States in such a manner as to show disrespect for the flag as a symbol of the United States, with the intent or reasonable expectation that such use will provoke or encourage another to commit trespass or assault. As used in this subsection:
(Code of Iowa, Sec. 723.4[1f])
A. “Deface” means to intentionally mar the external appearance.
B. “Defile” means to intentionally make physically unclean.
C. “Flag” means a piece of woven cloth or other material designed to be flown from a pole or mast.
D. “Mutilate” means to intentionally cut up or alter so as to make imperfect.
E. “Show disrespect” means to deface, defile, mutilate, or trample.
F. “Trample” means to intentionally tread upon or intentionally cause a machine, vehicle, or animal to tread upon.
7. Funeral or Memorial Service. Within 1,000 feet of the building or other location where a funeral or memorial service is being conducted, or within 1,000 feet of a funeral procession or burial:
A. Make loud and raucous noise that causes unreasonable distress to the persons attending the funeral or memorial service or participating in the funeral procession.
B. Direct abusive epithets or make any threatening gesture that the person knows or reasonably should know is likely to provoke a violent reaction by another.
C. Disturb or disrupt the funeral, memorial service, funeral procession, or burial by conduct intended to disturb or disrupt the funeral, memorial service, funeral procession, or burial.
This subsection applies to conduct within 60 minutes preceding, during, and within 60 minutes after a funeral, memorial service, funeral procession, or burial.
(Code of Iowa, Sec. 723.5)
It is unlawful for three or more persons to assemble together, with them or any of them acting in a violent manner, and with intent that they or any of them will commit a public offense. No person shall willingly join in or remain part of an unlawful assembly, knowing or having reasonable grounds to believe it is such.
(Code of Iowa, Sec. 723.2)
A peace officer may order the participants in a riot or unlawful assembly or persons in the immediate vicinity of a riot or unlawful assembly to disperse. No person within hearing distance of such command shall refuse to obey.
(Code of Iowa, Sec. 723.3)
No person shall distribute samples of any drugs or medicine, or any corrosive, caustic, poisonous or other injurious substance unless the person delivers such into the hands of a competent person, or otherwise takes reasonable precautions that the substance will not be taken by children or animals from the place where the substance is deposited.
(Code of
No person shall do any of the following:
(Code of Iowa, Sec. 718.6)
1. Report or cause to be reported false information to a fire department, a law enforcement authority or other public safety entity, knowing that the information is false, or report the alleged occurrence of a criminal act knowing the act did not occur.
2. Telephone an emergency 911 communications center, knowing that he or she is not reporting an emergency or otherwise needing emergency information or assistance.
3. Knowingly provide false information to a law enforcement officer who enters the information on a citation.
No person shall knowingly provide false identification information to anyone known by the person to be a peace officer, emergency medical care provider, or firefighter, whether paid or volunteer, in the performance of any act that is within the scope of the lawful duty or authority of that officer, emergency medical care provider, or firefighter.
(Code of Iowa, Sec. 719.1A)
Any person who is requested or ordered by any magistrate or peace officer to render the magistrate or officer assistance in making or attempting to make an arrest, or to prevent the commission of any criminal act, shall render assistance as required. No person shall unreasonably and without lawful cause, refuse or neglect to render assistance when so requested.
(Code of Iowa, Sec. 719.2)
No person shall willfully prevent or attempt to prevent any public officer or employee from performing the officer’s or employee’s duty.
(Code of Iowa, Sec. 718.4)
No person shall knowingly resist or obstruct anyone known by the person to be a peace officer, jailer, emergency medical care provider under Chapter 147A of the Code of Iowa, or firefighter, whether paid or volunteer, or a person performing bailiff duties pursuant to Section 602.1303[4] of the Code of Iowa, in the performance of any act that is within the scope of the lawful duty or authority of that officer, jailer, emergency medical care provider, or firefighter, or person performing bailiff duties, or shall knowingly resist or obstruct the service or execution by any authorized person of any civil or criminal process or order of any court. The terms “resist” and “obstruct” as used in this section do not include verbal harassment unless the verbal harassment is accompanied by a present ability and apparent intention to execute a verbal threat physically.
(Code of Iowa, Sec. 719.1)
No person shall knowingly or intentionally remove or attempt to remove a communication device or any device used for control from the possession of a peace officer or correctional officer, when the officer is in the performance of any act which is within the scope of the lawful duty or authority of that officer and the person knew or should have known the individual to be an officer.
(Code of Iowa, Sec. 708.12)
No person shall abandon or otherwise leave unattended any refrigerator, ice box, or similar container, with doors that may become locked, outside of buildings and accessible to children, nor shall any person allow any such refrigerator, ice box, or similar container, to remain outside of buildings on premises in the person’s possession or control, abandoned or unattended and so accessible to children.
(Code of Iowa, Sec. 727.3)
It is unlawful for a person to allow antenna wires, antenna supports, radio wires, or television wires to exist over any street, alley, highway, sidewalk, public way, public ground, or public building without written consent of the Council.
(Code of Iowa, Sec. 364.12[2])
It is unlawful for a person to use barbed wire or electric fences to enclose land within the City limits without the written consent of the Council unless such land consists of 10 acres or more and is used as agricultural land.
1. It is unlawful for a person to discharge rifles, shotguns, revolvers, pistols, guns, or other firearms of any kind within the City limits except by written consent of the Council.
2. No person shall intentionally discharge a firearm in a reckless manner.
It is unlawful for a person to throw stones, bricks, or missiles of any kind or to shoot arrows, paintballs, rubber guns, slingshots, air rifles, BB guns, or other dangerous instruments or toys on or into any street, alley, highway, sidewalk, public way, public ground, or public building, without written consent of the Council.
(Code of Iowa, Sec. 364.12[2])
It is unlawful for any person to urinate or defecate onto any sidewalk, street, alley, or other public way, or onto any public or private building, including but not limited to the wall, floor, hallway, steps, stairway, doorway, or window thereof, or onto any public or private land.
(Code of Iowa, Sec. 727.2)
1. Definitions. For purposes of this section:
A. “Consumer fireworks” means the following fireworks, as described in Chapter 3 of the American Pyrotechnics Association (“APA”) Standard 87-1:
(1) First-class consumer fireworks:
a. Aerial shell kits and reloadable tubes;
b. Chasers;
c. Helicopters and aerial spinners;
d. Firecrackers;
e. Mine and shell devices;
f. Missile-type rockets;
g. Roman candles;
h. Sky rockets and bottle rockets;
i. Multiple tube devices under this paragraph which are manufactured in accordance with APA Standard 87-1, Section 3.5.
(2) Second-class consumer fireworks:
a. Cone fountains;
b. Cylindrical fountains;
c. Flitter sparklers;
d. Ground and hand-held sparkling devices, including multiple tube ground and hand-held sparkling devices that are manufactured in accordance with APA Standard 87-1, Section 3.5;
e. Ground spinners;
f. Illuminating torches;
g. Toy smoke devices that are not classified as novelties pursuant to APA Standard 87-1, Section 3.2;
h. Wheels;
i. Wire or dipped sparklers that are not classified as novelties pursuant to APA Standard 87-1, Section 3.2.
B. “Display fireworks” includes any explosive composition, or combination of explosive substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and includes fireworks containing any explosive or flammable compound, or other device containing any explosive substance. “Display fireworks” does not include novelties or consumer fireworks enumerated in Chapter 3 of the APA Standard 87-1.
C. “Novelties” includes all novelties enumerated in Chapter 3 of the APA Standard 87-1, and that comply with the labeling regulations promulgated by the United States Consumer Product Safety Commission.
2. Display Fireworks. It is unlawful for any person to use or explode any display fireworks; provided, the City Council may, upon application in writing, grant a permit for the display of display fireworks by municipalities, fair associations, amusement parks, and other organizations or groups of individuals approved by the City when the display fireworks will be handled by a competent operator, but no such permit shall be required for the display of display fireworks at the Iowa State Fairgrounds by the Iowa State Fair Board, at incorporated county fairs, or at district fairs receiving State aid.. No permit shall be granted hereunder unless the operator or sponsoring organization has filed with the City evidence of insurance in the following amounts:
A. Personal Injury:........... $250,000.00 per person
B. Property Damage:........ $50,000.00
C. Total Exposure:........... $1,000,000.00
3. Consumer Fireworks. It is unlawful for any person to use or explode consumer fireworks within the City.
1. It shall be unlawful for anyone under the age of eighteen (18) to carry or otherwise have in his or her possession in a public place, or in the passenger compartment of any vehicle, in a public place or on a public street, an air or gas operated BB or pellet gun or pistol, or paint ball gun or a replica firearm. This prohibition shall not apply when the air or gas operated BB or pellet gun or pistol or paint ball gun or replica of a firearm is carried or transported inside a trunk, cargo area or luggage compartment of a vehicle where the same will not be readily accessible to any person riding in the vehicle.
2. It shall be unlawful for any person to sell an air or gas operated BB or pellet gun or pistol or paint ball gun or replica of a firearm to a person under eighteen (18) years of age unless he or she is accompanied by a parent, guardian or other person having the care and custody of said under aged person.
3. All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed.
4. If any section or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
5. This ordinance shall be in effect from and after its final passage, approved and publication as provided by law.
- It is unlawful for a person to knowingly trespass upon the property of another.
(Code of Iowa, Sec. 716.8)
- For purposes of this section:
(Code of Iowa, Sec. 716.7[1])
- “Property” includes any land, dwelling, building, conveyance, vehicle, or other temporary or permanent structure, whether publicly or privately owned.
- “Public utility” is a public utility as defined in Section 476.1 of the Code of Iowa or an electric transmission line as provided in Chapter 478 of the Code of Iowa.
- “Public utility property” means any land, dwelling, building, conveyance, vehicle, or other temporary or permanent structure owned, leased, or operated by a public utility and that is completely enclosed by a physical barrier of any kind.
- “Railway corporation” means a corporation, company, or person owning, leasing, or operating any railroad in whole or in part within this State.
- “Railway property” means all tangible real and personal property owned, leased, or operated by a railway corporation, with the exception of any administrative building or offices of the railway corporation.
- “Trespass” means one or more of the following acts:
(Code of Iowa, Sec. 716.7[2a])
(1) Entering upon or in property without the express permission of the owner, lessee, or person in lawful possession with the intent to commit a public offense or to use, remove therefrom, alter, damage, harass, or place thereon or therein anything animate or inanimate.
(2) Entering or remaining upon or in property without justification after being notified or requested to abstain from entering or to remove or vacate therefrom by the owner, lessee, or person in lawful possession, or the agent or employee of the owner, lessee, or person in lawful possession, or by any peace officer, magistrate, or public employee whose duty it is to supervise the use or maintenance of the property.
(3) Entering upon or in property for the purpose or with the effect of unduly interfering with the lawful use of the property by others.
(4) Being upon or in property and wrongfully using, removing therefrom, altering, damaging, harassing, or placing thereon or therein anything animate or inanimate, without the implied or actual permission of the owner, lessee, or person in lawful possession.
(5) Entering or remaining upon or in railway property without lawful authority or without the consent of the railway corporation which owns, leases, or operates the railway property. This paragraph does not apply to passage over a railroad right-of-way, other than a track, railroad roadbed, viaduct, bridge, trestle, or railroad yard, by an unarmed person if the person has not been notified or requested to abstain from entering onto the right-of-way or to vacate the right-of-way and the passage over the right-of-way does not interfere with the operation of the railroad.
(6) Entering or remaining upon or in public utility property without lawful authority or without the consent of the public utility that owns, leases, or operates the public utility property. This paragraph does not apply to passage over public utility right-of-way by a person if the person has not been notified or requested by posted signage or other means to abstain from entering onto the right-of-way or to vacate the right-of-way.
- Specific Exceptions. “Trespass” does not mean either of the following:
(Code of Iowa, Sec. 716.7[2b])
- Entering upon the property of another for the sole purpose of retrieving personal property which has accidentally or inadvertently been thrown, fallen, strayed, or blown onto the property of another, provided that the person retrieving the property takes the most direct and accessible route to and from the property to be retrieved, quits the property as quickly as is possible, and does not unduly interfere with the lawful use of the property. This paragraph does not apply to public utility property where the person has been notified or requested by posted signage or other means to abstain from entering.
- Entering upon the right-of-way of a public road or highway.
It is unlawful, for any person who has no right to do so, to intentionally damage, deface, alter, or destroy property.
(Code of Iowa, Sec. 716.1)
It is unlawful for a person intentionally to deface, obliterate, tear down, or destroy in whole or in part, any transcript or extract from or of any law of the United States or the State, or any proclamation, advertisement or notification, set up at any place within the City by authority of the law or by order of any court, during the time for which the same is to remain set up.
(Code of Iowa, Sec. 716.1)
No unauthorized person shall enter or remain in or upon any public building, premises, or grounds in violation of any notice posted thereon or when said building, premises or grounds are closed and not open to the public. When open to the public, a failure to pay any required admission fee also constitutes an unauthorized entry.
It is unlawful for any person to commit a fraudulent practice as defined in Section 714.8 of the Code of Iowa.
(Code of Iowa, Sec. 714.8)
It is unlawful for any person to commit theft as defined in Section 714.1 of the Code of Iowa.
(Code of Iowa, Sec. 714.1)
The following chapters of this Code of Ordinances contain regulations prohibiting or restricting other activities or conditions that are also deemed to be public property offenses:
1. Chapter 22 – Library
A. Section 22.10 – Injury to Books or Property
B. Section 22.11 – Theft of Library Property
2. Chapter 105 – Solid Waste Control and Recycling
A. Section 105.08 – Littering Prohibited
3. Chapter 135 – Street Use and Maintenance
A. Section 135.01 – Removal of Warning Devices
B. Section 135.02 – Obstructing or Defacing
C. Section 135.03 – Placing Debris On
D. Section 135.04 – Playing In
E. Section 135.05 – Traveling on Barricaded Street or Alley
F. Section 135.08 – Burning Prohibited
G. Section 135.12 – Dumping of Snow
4. Chapter 136 – Sidewalk Regulations
A. Section 136.11 – Interference with Sidewalk Improvements
B. Section 136.15 – Fires or Fuel on Sidewalks
C. Section 136.16 – Defacing
D. Section 136.17 – Debris on Sidewalks
E. Section 136.18 – Merchandise Display
F. Section 136.19 – Sales Stands
The purpose of this chapter is to prohibit the use, possession with intent to use, manufacture, and delivery of drug paraphernalia as defined herein.
The term “controlled substance” as used in this chapter is defined as the term “controlled substance” is defined in the Uniform Controlled Substance Act, Chapter 124 of the Code of Iowa, as it now exists or is hereafter amended.
The term “drug paraphernalia” as used in this chapter means all equipment, products, and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, concealing, containing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the Uniform Controlled Substances Act, Chapter 124 of the Code of Iowa. It includes, but is not limited to:
1. Growing Kits. Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
2. Processing Kits. Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
3. Isomerization Devices. Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance.
4. Testing Equipment. Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances.
5. Scales. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.
6. Diluents. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, or lactose, used, intended for use, or designed for use in cutting controlled substances.
7. Separators; Sifters. Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana.
8. Mixing Devices. Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances.
9. Containers. Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.
10. Storage Containers. Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.
11. Injecting Devices. Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body.
12. Ingesting-Inhaling Device. Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing heroin, marijuana, cocaine, hashish, or hashish oil into the human body, such as:
A. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
B. Water pipes;
C. Carburetion tubes and devices;
D. Smoking and carburetion masks;
E. Roach clips, meaning objects used to hold burning materials, such as a marijuana cigarette that has become too small or too short to be held in the hand;
F. Miniature cocaine spoons and cocaine vials;
G. Chamber pipes;
H. Carburetor pipes;
I. Electric pipes;
J. Air driven pipes;
K. Chillums;
L. Bongs;
M. Ice pipes or chillers.
In determining whether an object is drug paraphernalia for the purpose of enforcing this chapter, the following factors should be considered in addition to all other logically relevant factors:
1. Statements. Statements by an owner or by anyone in control of the object concerning its use.
2. Prior Convictions. Prior convictions, if any, of an owner or of anyone in control of the object under any State or federal law relating to any controlled substance.
3. Proximity to Violation. The proximity of the object, in time and space, to a direct violation of the Uniform Controlled Substance Act, Chapter 124 of the Code of Iowa.
4. Proximity to Substances. The proximity of the object to controlled substances.
5. Residue. The existence of any residue of controlled substances on the object.
6. Evidence of Intent. Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object, to deliver it to persons whom he or she knows, or should reasonably know, intend to use the object to facilitate a violation of the Uniform Controlled Substances Act, Chapter 124 of the Code of Iowa.
7. Innocence of an Owner. The innocence of an owner, or of anyone in control of the object, as to a direct violation of the Uniform Controlled Substances Act, Chapter 124 of the Code of Iowa, should not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia.
8. Instructions. Instructions, oral or written, provided with the object concerning its use.
9. Descriptive Materials. Descriptive materials accompanying the object explaining or depicting its use.
10. Advertising. National and local advertising concerning its use.
11. Displayed. The manner in which the object is displayed for sale.
12. Licensed Distributor or Dealer. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
13. Sales Ratios. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise.
14. Legitimate Uses. The existence and scope of legitimate uses for the object in the community.
15. Expert Testimony. Expert testimony concerning its use.
43.05 POSSESSION OF DRUG PARAPHERNALIA. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substance Act, Chapter 124 of the Code of Iowa.
It is unlawful for any person to deliver, possess with intent to deliver, manufacture with intent to deliver, or offer for sale drug paraphernalia, intending that the drug paraphernalia will be used, or knowing, or under circumstances where one reasonably should know that it will be used, or knowing that it is designed for use to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Act, Chapter 124 of the Code of Iowa.
As used in this section, “legal age” means 21 years of age or more.
- A person or persons under legal age shall not purchase or attempt to purchase, consume, or individually or jointly have alcoholic liquor, wine or beer in their possession or control; except in the case of liquor, wine or beer given or dispensed to a person under legal age within a private home and with the knowledge, presence and consent of the parent or guardian, for beverage or medicinal purposes or as administered to the person by either a physician or dentist for medicinal purposes and except to the extent that a person under legal age may handle alcoholic beverages, wine, and beer during the regular course of the person’s employment by a liquor control licensee, or wine or beer permittee under State laws.
(Code of Iowa, Sec. 123.47[2])
- A person under legal age shall not misrepresent the person’s age for the purpose of purchasing or attempting to purchase any alcoholic beverage, wine, or beer from any licensee or permittee.
(Code of Iowa, Sec. 123.49[3])
1. As used in this section unless the context otherwise requires:
A. “Arrest” means the same as defined in Section 804.5 of the Code of Iowa and includes taking into custody pursuant to Section 232.19 of the Code of Iowa.
B. “Chemical test” means a test of a person’s blood, breath, or urine to determine the percentage of alcohol present by a qualified person using devices and methods approved by the Commissioner of Public Safety.
C. “Peace officer” means the same as defined in Section 801.4 of the Code of Iowa.
D. “School” means a public or private school or that portion of a public or private school that provides teaching for any grade from kindergarten through grade twelve.
2. A person shall not use or consume alcoholic liquor, wine or beer upon the public streets or highways. A person shall not use or consume alcoholic liquor in any public place, except premises covered by a liquor control license. A person shall not possess or consume alcoholic liquors, wine, or beer on public school property or while attending any public or private school-related function. A person shall not be intoxicated in a public place.
3. A person shall not simulate intoxication in a public place.
4. When a peace officer arrests a person on a charge of public intoxication under this section, the peace officer shall inform the person that the person may have a chemical test administered at the person’s own expense. If a device approved by the Commissioner of Public Safety for testing a sample of a person’s breath to determine the person’s blood alcohol concentration is available, that is the only test that need be offered the person arrested. In a prosecution for public intoxication, evidence of the results of a chemical test performed under this subsection is admissible upon proof of a proper foundation. The percentage of alcohol present in a person’s blood, breath, or urine established by the results of a chemical test performed within two hours after the person’s arrest on a charge of public intoxication is presumed to be the percentage of alcohol present at the time of arrest.
(Code of Iowa, Sec. 123.46)
. [See Section 62.01(49) and (50) of this Code of Ordinances.]
1. Definitions. The following terms are defined for use in this section.
A. “Alcoholic beverage” means any beverage containing more than one-half of one percent of alcohol by volume including alcoholic liquor, wine, or beer.
B. “Controlled substance” means a drug, substance, or immediate precursor as specified in Chapter 124 of the Code of Iowa.
C. “Event, gathering, or party” means any group of three or more persons who have assembled or gathered together for a social occasion or other activity.
D. “Juvenile” means any person under the age of 18.
E. “Parent” means any person having legal custody of a juvenile: (i) as a natural parent, adoptive parent or stepparent; (ii) as a legal guardian; or (iii) as a person to whom legal custody has been given by order of the court.
F. “Premises” means any home, yard, farm, field, land, apartment, condominium, hotel, or motel room or other dwelling unit, or hall or meeting, park or any other place of assembly, public or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically, for a party or other social function and whether owned, leased, rented, or used with or without permission or compensation. “Premises” does not include property that is licensed to sell or serve alcoholic beverages.
G. “Social host” means any person, partnership, corporation or association of one or more individuals who aids, allows, entertains, organizes, supervises, controls, or permits an event, gathering or party. This includes but is not limited to: (i) the person who owns, rents, leases or otherwise has control of the premises where the event, gathering, or party takes place; (ii) the person in charge of the premises; or (iii) the person who organized the event, gathering or party. If the social host is a juvenile, and the parent is: (i) present on the premises; or (ii) knows or reasonably should know of the event, gathering or party and knows or reasonably should know that the consumption of alcohol and/or controlled substances is occurring, the parent(s) are also liable for violations of this chapter.
H. “Underage person” means any individual under the age of 21.
2. Prohibited Acts. It is unlawful for any social host of an event, gathering or party on the social host’s premises to knowingly permit or allow underage persons to consume controlled substances and/or alcoholic beverages, or knowingly permit or allow underage persons to possess controlled substances and/or alcoholic beverages on the premises, whether or not the social host is present on the premises. A social host has an affirmative defense if the social host took reasonable steps to prevent the possession or consumption of controlled substances and/or alcohol, or notified law enforcement and allowed law enforcement to enter the premises for the purpose of stopping the illegal activities.
3. Exceptions. This section does not apply to actions permitted under Section 123.47(2) of the Code of Iowa, or to legally protected religious observances, or to situations where underage persons are lawfully in possession of alcoholic beverages during the course and scope of employment.
The Council has determined that a curfew for minors is necessary to promote the public health, safety, morals and general welfare of the City and specifically to reinforce the primary authority and responsibility of adults responsible for minors; to protect the public from the illegal acts of minors committed after the curfew hour; and to protect minors from improper influences and criminal activity that prevail in public places after the curfew hour.
- For use in this section, the following terms are defined:
- “Emergency errand” means, but is not limited to, an errand relating to a fire, a natural disaster, an automobile accident or any other situation requiring immediate action to prevent serious illness, bodily injury, or loss of life.
- “Knowingly” means knowledge that a responsible adult should reasonably be expected to have concerning the whereabouts of a minor in that responsible adult’s custody. It is intended to continue to hold the neglectful or careless adult responsible for a minor to a reasonable standard of adult responsibility through an objective test. It is therefore no defense that an adult responsible for a minor was completely indifferent to the activities or conduct or whereabouts of the minor.
- “Minor” means any unemancipated person under the age of 18 years.
- “Nonsecured custody” means custody in an unlocked multipurpose area, such as a lobby, office or interrogation room that is not designed, set aside, or used as a secure detention area, and the person arrested is not physically secured during the period of custody in the area; the person is physically accompanied by a law enforcement officer or a person employed by the facility where the person arrested is being held; and the use of the area is limited to providing nonsecured custody only while awaiting transfer to an appropriate juvenile facility or to court, for contacting of and release to the person’s parents or other responsible adult or for other administrative purposes; but not for longer than six hours without the oral or written order of a judge or magistrate authorizing the detention. A judge shall not extend the period of time in excess of six hours beyond the initial six-hour period.
- “Public place” includes stores, parking lots, parks, playgrounds, streets, alleys, and sidewalks dedicated to public use and also includes such parts of buildings and other premises, whether publicly or privately owned, that are used by the general public or to which the general public is invited commercially for a fee or otherwise; or in or on which the general public is permitted without specific invitation; or to which the general public has access. For purposes of this section, a vehicle or other conveyance is considered to be a public place when in the areas defined above.
- “Responsible adult” means a parent, guardian or other adult specifically authorized by law or authorized by a parent or guardian to have custody or control of a minor.
- Curfew Established. A curfew applicable to minors is established and shall be enforced as follows:
- Hours Sunday Through Thursday, Under Age 15. It is unlawful for any minor under the age of 15 years to remain in or upon any public place in the City between the hours of 11:00 p.m. and 5:00 a.m. of the following morning Sunday through Thursday, official time.
- Hours Friday Through Saturday, Under Age 15. It is unlawful for any minor under the age of 15 years to be or remain in or upon any public place in the City between the hours of 12:00 midnight Friday and Saturday and 5:00 a.m. on the following day, official time.
- Hours Sunday Through Thursday, Ages 15 through 17. It is unlawful for any minor age 15 through 17 to remain in or upon any public place in the City between the hours of 12:00 midnight and 5:00 a.m. of the following morning Sunday through Thursday, official time.
- Hours Friday Through Saturday, Ages 15 through 17. It is unlawful for any minor age 15 through 17 to be or remain in or upon any public place in the City between the hours of 1:00 a.m. and 5:00 a.m. Saturday and Sunday, official time.
- The following are exceptions to the curfew:
- The minor is accompanied by a responsible adult.
- The minor is on the sidewalk or property where the minor resides or on either side of the place where the minor resides and the adult responsible for the minor has given permission for the minor to be there.
- The minor is present at or is traveling between home and one of the following:
(1) Minor’s place of employment in a business, trade or occupation in which the minor is permitted by law to be engaged or, if traveling, within one hour after the end or before the beginning of work;
(2) Minor’s place of religious activity or, if traveling, within one hour after the end or before the beginning of the religious activity;
(3) Governmental or political activity or, if traveling, within one hour after the end or before the beginning of the activity;
(4) School activity or, if traveling, within one hour after the end or before the beginning of the activity;
- The minor is on an emergency errand for a responsible adult;
- The minor is engaged in interstate travel through the City beginning, ending or passing through the City when such travel is by direct route.
- Responsibility of Adults. It is unlawful for any responsible adult knowingly to permit or to allow a minor to be in any public place in the City within the time periods prohibited by this section unless the minor’s presence falls within one of the above exceptions.
- Enforcement Procedures.
- Determination of Age. In determining the age of the juvenile and in the absence of convincing evidence such as a birth certificate or driver’s license, a law enforcement officer on the street shall, in the first instance, use his or her best judgment in determining age.
- Grounds for Arrest; Conditions of Custody. Grounds for arrest are that the person refuses to sign the citation without qualification; persists in violating the ordinance; refuses to provide proper identification or to identify himself or herself; or constitutes an immediate threat to the person’s own safety or to the safety of the public. A law enforcement officer who arrests a minor for a curfew violation may keep the minor in custody either in a shelter care facility or in any nonsecured setting. The officer shall not place bodily restraints, such as handcuffs, on the minor unless the minor physically resists or threatens physical violence when being taken into custody. A minor shall not be placed in detention following a curfew violation.
- Notification of Responsible Adult. After a minor is taken into custody, the law enforcement officer shall notify the adult responsible for the minor as soon as possible. The minor shall be released to the adult responsible for the minor upon the promise of such person to produce the child in court at such time as the court may direct.
- Minor Without Adult Supervision. If a law enforcement officer determines that a minor does not have adult supervision because the law enforcement officer cannot locate the minor’s parent, guardian or other person legally responsible for the care of the minor, within a reasonable time, the law enforcement officer shall attempt to place the minor with an adult relative of the minor, an adult person who cares for the child or another adult person who is known to the child.
- Responsible Adult’s First Violation. In the case of a first violation by a minor, the law enforcement officer shall, by certified mail, send to the adult responsible for the minor, written notice of the violation with a warning that any subsequent violation will result in full enforcement of the curfew ordinance against both the responsible adult and minor, with applicable penalties.
- Responsible Adult’s Second Violation. Any responsible adult as defined in this section who, following receipt of a warning, knowingly allows the minor to violate any of the provisions of this section is guilty of a municipal infraction.
- Minor’s First Violation. In the case of a first violation by a minor, the law enforcement officer shall give the minor a written warning, which states that any subsequent violation will result in full enforcement of the curfew ordinance against the responsible adult and the minor, with applicable penalties, or, at the law enforcement officer’s discretion, may issue the minor a citation for a first violation.
- Minor’s Second Violation. For the minor’s second and subsequent violations of any of the provisions of this section, the minor is guilty of a municipal infraction.
- Notice of the ordinance codified in this section and its contents may be posted in or about such public or quasi-public places as may be designated by the Council or the Police Department in order that the public may be constantly informed of the existence of such ordinance and its regulations.
It is unlawful for any person under 18 years of age to smoke, use, possess, purchase, or attempt to purchase any tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes. Possession of tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes by a person under 18 years of age shall not constitute a violation of this section if said person possesses the tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes as part of the person’s employment and said person is employed by a person who holds a valid permit under Chapter 453A of the Code of Iowa or who lawfully offers for sale or sells cigarettes or tobacco products.
(Code of Iowa, Sec. 453A.2)
It is unlawful for any person to encourage any child under 18 years of age to commit any act of delinquency.
(Code of Iowa, Sec. 709A.1)
The purpose of this chapter is to facilitate the enjoyment of park facilities by the general public by establishing rules and regulations governing the use of park facilities.
(Code of
No person shall drive any car, cycle or other vehicle, or ride or lead any horse, in any portion of a park except upon the established drives or roadways therein or such other places as may be officially designated by the City.
No fire shall be built, except in a place designated for such purpose, and such fire shall be extinguished before leaving the area unless it is to be immediately used by some other party.
No person shall place, deposit, or throw any waste, refuse, litter or foreign substance in any area or receptacle except those provided for that purpose.
No person, except those camping in designated areas, shall enter or remain within any park between the hours of 11:00 p.m. and 5:00 a.m.
No person shall camp in any portion of a park except in portions prescribed or designated by the Council, and the City may refuse camping privileges or rescind any and all camping privileges for cause.
Whatever is injurious to health, indecent, or unreasonably offensive to the senses, or an obstruction to the free use of property so as essentially to interfere unreasonably with the comfortable enjoyment of life or property is a nuisance.
(Code of
The following subsections include, but do not limit, the conditions that are deemed to be nuisances in the City:
(Code of Iowa, Sec. 657.2)
1. Offensive Smells. Erecting, continuing, or using any building or other place for the exercise of any trade, employment, or manufacture that, by occasioning noxious exhalations, unreasonably offensive smells, or other annoyances, becomes injurious and dangerous to the health, comfort, or property of individuals or the public.
2. Filth or Noisome Substance. Causing or suffering any offal, filth, or noisome substance to be collected or to remain in any place to the prejudice of others.
3. Impeding Passage of Navigable River. Obstructing or impeding without legal authority the passage of any navigable river, harbor, or collection of water.
4. Water Pollution. Corrupting or rendering unwholesome or impure the water of any river, stream, or pond, or unlawfully diverting the same from its natural course or state, to the injury or prejudice of others.
5. Blocking Public and Private Ways. Obstructing or encumbering, by fences, buildings or otherwise, the public roads, private ways, streets, alleys, commons, landing places, or burying grounds.
6. Billboards. Billboards, signboards, and advertising signs, whether erected and constructed on public or private property, that so obstruct and impair the view of any portion or part of a public street, avenue, highway, boulevard or alley or of a railroad or street railway track as to render dangerous the use thereof. (See also Section 62.06)
7. Storing of Flammable Junk. Depositing or storing of flammable junk, such as old rags, rope, cordage, rubber, bones and paper, by dealers in such articles within the fire limits of the City, unless in a building of fireproof construction. (See also Chapter 51)
8. Air Pollution. Emission of dense smoke, noxious fumes, or fly ash.
9. Weeds, Brush. Dense growth of all weeds, vines, brush, or other vegetation in the City so as to constitute a health, safety, or fire hazard.
10. Dutch Elm Disease. Trees infected with Dutch elm disease. (See also Chapter 151)
11. Airport Air Space. Any object or structure hereafter erected within 1,000 feet of the limits of any municipal or regularly established airport or landing place, which may endanger or obstruct aerial navigation including take-off and landing, unless such object or structure constitutes a proper use or enjoyment of the land on which the same is located.
12. Houses of Ill Fame. Houses of ill fame, kept for the purpose of prostitution and lewdness; gambling houses; places resorted to by persons participating in criminal gang activity prohibited by Chapter 723A of the Code of Iowa or places resorted to by persons using controlled substances, as defined in Section 124.101 of the Code of Iowa, in violation of law, or houses where drunkenness, quarreling, fighting or breaches of the peace are carried on or permitted to the disturbance of others.
The following chapters of this Code of Ordinances contain regulations prohibiting or restricting other conditions that are deemed to be nuisances:
1. Junk and Junk Vehicles (See Chapter 51)
2. Graffiti (See Chapter 52)
3. Storage and Disposal of Solid Waste (See Chapter 105)
4. Trees (See Chapter 151)
The creation or maintenance of a nuisance is prohibited, and a nuisance, public or private, may be abated in the manner provided for in this chapter or State law.
(Code of Iowa, Sec. 657.3)
Whenever any authorized municipal officer finds that a nuisance exists, such officer has the authority to determine on a case-by-case basis whether to utilize the nuisance abatement procedure described in Section 50.06 of this chapter or the municipal infraction procedure referred to in Section 50.07.
(Code of Iowa, Sec. 364.12[3h])
Any nuisance, public or private, may be abated in the manner provided for in this section:
(Code of Iowa, Sec. 364.12[3h])
- Contents of Notice to Property Owner. The notice to abate shall contain: †
- Description of Nuisance. A description of what constitutes the nuisance.
- Location of Nuisance. The location of the nuisance.
- Acts Necessary to Abate. A statement of the act or acts necessary to abate the nuisance.
- Reasonable Time. A reasonable time within which to complete the abatement.
- Assessment of City Costs. A statement that if the nuisance or condition is not abated as directed and no request for hearing is made within the time prescribed, the City will abate it and assess the costs against the property owner.
- Method of Service. The notice may be in the form of an ordinance or sent by certified mail to the property owner.
(Code of Iowa, Sec. 364.12[3h])
- Request for Hearing. Any person ordered to abate a nuisance may have a hearing with the Council as to whether a nuisance exists. A request for a hearing must be made in writing and delivered to the Clerk within the time stated in the notice, or it will be conclusively presumed that a nuisance exists and it must be abated as ordered. The hearing will be before the Council at a time and place fixed by the Council. The findings of the Council shall be conclusive and, if a nuisance is found to exist, it shall be ordered abated within a reasonable time under the circumstances.
- Abatement in Emergency. If it is determined that an emergency exists by reason of the continuing maintenance of the nuisance or condition, the City may perform any action that may be required under this chapter without prior notice. The City shall assess the costs as provided in subsection 6 of this section after notice to the property owner under the applicable provisions of subsection 1 and 2, and the hearing as provided in subsection 3.
(Code of Iowa, Sec. 364.12[3h])
- Abatement by City. If the person notified to abate a nuisance or condition neglects or fails to abate as directed, the City may perform the required action to abate, keeping an accurate account of the expense incurred. The itemized expense account shall be filed with the Clerk, who shall pay such expenses on behalf of the City.
(Code of Iowa, Sec. 364.12[3h])
- Collection of Costs. The Clerk shall send a statement of the total expense incurred by certified mail to the property owner who has failed to abide by the notice to abate, and if the amount shown by the statement has not been paid within one month, the Clerk shall certify the costs to the County Treasurer and such costs shall then be collected with, and in the same manner as, general property taxes.
(Code of Iowa, Sec. 364.12[3h])
- Installment Payment of Cost of Abatement. If the amount expended to abate the nuisance or condition exceeds $500.00, the City may permit the assessment to be paid in up to 10 annual installments, to be paid in the same manner and with the same interest rates provided for assessments against benefited property under State law.
(Code of Iowa, Sec. 364.13)
- Failure to Abate. Any person causing or maintaining a nuisance who shall fail or refuse to abate or remove the same within the reasonable time required and specified in the notice to abate is in violation of this Code of Ordinances.
† EDITOR’S NOTE: A suggested form of notice for the abatement of nuisances is included in the Appendix of this Code of Ordinances. Caution is urged in the use of this administrative abatement procedure, particularly where cost of abatement is more than minimal or where there is doubt as to whether or not a nuisance does in fact exist. If compliance is not secured following notice and hearings, we recommend you review the situation with your attorney before proceeding with abatement and assessment of costs. Your attorney may recommend proceedings in court under Chapter 657 of the Code of Iowa rather than this procedure.
In lieu of the abatement procedures set forth in Section 50.06, the requirements of this chapter may be enforced under the procedures applicable to municipal infractions as set forth in Chapter 4 of this Code of Ordinances.
For use in this chapter, the following terms are defined:
- “Junk” means all old or scrap copper, brass, lead, or any other non-ferrous metal; old or discarded rope, rags, batteries, paper, trash, rubber, debris, waste or used lumber, or salvaged wood; dismantled vehicles, machinery and appliances or parts of such vehicles, machinery or appliances; iron, steel or other old or scrap ferrous materials; old or discarded glass, tinware, plastic or old or discarded household goods or hardware. Neatly stacked firewood located on a side yard or a rear yard is not considered junk.
- “Junk vehicle” means any vehicle legally placed in storage with the County Treasurer or unlicensed and having any of the following characteristics:
- Broken Glass. Any vehicle with a broken or cracked windshield, window, headlight or tail light, or any other cracked or broken glass.
- Broken, Loose, or Missing Part. Any vehicle with a broken, loose, or missing fender, door, bumper, hood, steering wheel or trunk lid.
- Habitat for Nuisance Animals or Insects. Any vehicle that has become the habitat for rats, mice, snakes, or any other vermin or insects.
- Flammable Fuel. Any vehicle that contains gasoline or any other flammable fuel.
- Any motor vehicle that lacks an engine or two or more wheels or other structural parts, rendering said motor vehicle totally inoperable, or that cannot be moved under its own power or has not been used as an operating vehicle for a period of 30 days or more.
- Defective or Obsolete Condition. Any other vehicle that, because of its defective or obsolete condition, in any other way constitutes a threat to the public health and safety.
Mere licensing of such vehicle shall not constitute a defense to the finding that the vehicle is a junk vehicle.
- “Vehicle” means every device in, upon, or by which a person or property is or may be transported or drawn upon a highway or street, except devices moved by human power or used exclusively upon stationary rails or tracks, and includes without limitation a motor vehicle, automobile, truck, motorcycle, tractor, buggy, wagon, farm machinery, or any combination thereof.
It is unlawful for any person to store, accumulate, or allow to remain on any private property within the corporate limits of the City any junk or junk vehicle.
It is hereby declared that any junk or junk vehicle located upon private property, unless excepted by Section 51.04, constitutes a threat to the health and safety of the citizens and is a nuisance within the meaning of Section 657.1 of the Code of Iowa. If any junk or junk vehicle is kept upon private property in violation hereof, the owner of or person occupying the property upon which it is located shall be prima facie liable for said violation.
(Code of Iowa, Sec. 364.12[3a])
The provisions of this chapter do not apply to:
1. Any vehicle enclosed within a building on private property.
2. Any vehicle used for racing at a sanctioned facility and used on a regular basis during the season. A “regular basis” is at least once per month. Such vehicle must conform with the following requirements:
A. On a licensed trailer and covered (adequate to cover vehicle and non-transparent); and
B. Stored in the rear yard in a residential district.
Upon discovery of any junk or junk vehicle located upon private property in violation of Section 51.03, the City shall within five days initiate abatement procedures as outlined in Chapter 50 of this Code of Ordinances.
(Code of Iowa, Sec. 364.12[3a])
Any person who shall interfere in any way with the enforcement provisions of this chapter shall be deemed guilty of a simple misdemeanor and punished accordingly.
As used in this chapter, the following definitions shall apply:
- “Deface” means to alter the appearance of something by removing, distorting, adding to, or covering all or a part of it.
- “Graffiti vandalism” means defacing public or private real property by painting, drawing, writing, etching, or carving by use of paint, spray paint, ink, knife, or any similar method.
- “Real property” means land and whatever is constructed or growing upon or affixed to land, including fences and walls.
1. No person shall write, paint, draw, scratch or scribble any inscription, figure or mark of any type on any public or private building, structure, street, sidewalk or any other real or personal property without the permission and consent of the owner and/or operator/lessee of said property.
2. In the absence of expressed permission of the owner, operator or lessee of any public or private property, it is unlawful for any person to enter upon such property while possessing a spray paint container, liquid paint in a container, felt tipped indelible marker, or other instrument capable and designed to deface, mark, or mar in any public building or upon any public facility or private property with the intent to use the same to deface said building, facility or property. Any person who possesses any of the above with no legitimate or lawful purpose therefor shall prima facie be presumed to have possessed the same with the intent to use the same to deface said building, facility or property.
All real property defaced by graffiti vandalism is hereby declared to be a public nuisance, and shall be subject to City abatement procedures if not removed within seven calendar days from the date of written notice from the City.
The owner of any real property located within the City which is defaced by graffiti vandalism shall be notified of such graffiti vandalism by the City prior to any City abatement procedures. Such notice shall be in written form and shall direct the property owner to remove or eradicate the graffiti vandalism from the real property within seven calendar days from the date of such notice. The notice shall be sent by first class mail and shall contain:
1. A description of the real property upon which the graffiti vandalism occurred and a description of the nature of the vandalism.
2. A demand that the owner remove or eradicate the graffiti vandalism from the real property within seven calendar days from the date of such notice.
3. A statement that warns that the owner’s failure or refusal to remove or eradicate the graffiti vandalism may result in the City’s commencement of abatement procedures, and if the cost of such abatement is not paid to the City within 30 calendar days after a notice of assessment is mailed to the property owner, such costs may be assessed against the property in the same manner as a property tax as provided by State law.
Failure to comply with the notification to abate the graffiti nuisance shall be a municipal infraction punishable in accordance with Chapter 4 of this Code of Ordinances.
The following terms are defined for use in this chapter.
- “Advertise” means to present a commercial message in any medium including but not limited to print, radio, television, sign, display, label, tag or articulation.
- “Animal” means a nonhuman vertebrate.
(Code of Iowa, Sec. 717B.1)
- “At large” means off the premises of the owner and not under the control of a competent person, restrained within a motor vehicle, or housed in a veterinary hospital or kennel.
- “Business” means any enterprise relating to any of the following:
- The sale or offer for sale of goods or services.
- A recruitment for employment or membership in an organization.
- A solicitation to make an investment.
- An amusement or entertainment activity.
- “Fair” means any of the following:
- The annual fair and exposition held by the Iowa State Fair Board pursuant to Chapter 173 of the Code of Iowa or any fair event conducted by a fair under the provisions of Chapter 174 of the Code of Iowa.
- An exhibition of agricultural or manufactured products.
- An event for operation of amusement rides or devices or concession booths.
- “Game” means a “game of chance” or “game of skill” as defined in Section 99B.1 of the Code of Iowa.
- “Livestock” means an animal belonging to the bovine, caprine, equine, ovine or porcine species, ostriches, rheas and emus; farm deer as defined in Section 170.1 of the Code of Iowa; or poultry.
(Code of Iowa, Sec. 717.1)
- “Owner” means any person owning, keeping, sheltering or harboring an animal.
- “Pet” means a living dog, cat, or an animal normally maintained in a small tank or cage in or near a residence, including but not limited to a rabbit, gerbil, hamster, mouse, parrot, canary, mynah, finch, tropical fish, goldfish, snake, turtle, gecko, or iguana.
It is unlawful for a person who impounds or confines, in any place, an animal, excluding livestock, to fail to supply the animal during confinement with a sufficient quantity of food or water, or to fail to provide a confined dog or cat with adequate shelter, or to torture, deprive of necessary sustenance, mutilate, beat, or kill such animal by any means that causes unjustified pain, distress or suffering.
(Code of Iowa, Sec. 717B.3)
It is unlawful for a person who impounds or confines livestock in any place to fail to provide the livestock with care consistent with customary animal husbandry practices or to deprive the livestock of necessary sustenance or to injure or destroy livestock by any means that causes pain or suffering in a manner inconsistent with customary animal husbandry practices.
(Code of Iowa, Sec. 717.2)
A person who has ownership or custody of a cat or dog shall not abandon the cat or dog, except the person may deliver the cat or dog to another person who will accept ownership and custody or the person may deliver the cat or dog to an animal shelter or pound.
(Code of Iowa, Sec. 717B.8)
It is unlawful for a person to keep livestock within the City except by written consent of the Council or except in compliance with the City’s zoning regulations.
It is unlawful for any owner to allow an animal to run at large within the corporate limits of the City.
It is unlawful for the owner of an animal to allow or permit such animal to pass upon the premises of another thereby causing damage to, or interference with, the premises.
It is unlawful for the owner of a dog to allow or permit such dog to cause serious annoyance or disturbance to any person by frequent and habitual howling, yelping, barking, or otherwise, or by running after or chasing persons, bicycles, automobiles or other vehicles.
Every owner of a dog shall obtain a rabies vaccination for such animal. It is unlawful for any person to own or have a dog in said person’s possession, six months of age or over, which has not been vaccinated against rabies. Dogs kept in State or federally licensed kennels and not allowed to run at large are not subject to these vaccination requirements.
(Code of Iowa, Sec. 351.33)
It is the duty of the owner of any dog, cat, or other animal that has bitten or attacked a person or any person having knowledge of such bite or attack to report this act to a local health or law enforcement official. It is the duty of physicians and veterinarians to report to the local board of health the existence of any animal known or suspected to be suffering from rabies.
(Code of Iowa, Sec. 351.38)
If a local board of health receives information that an animal has bitten a person or that a dog or animal is suspected of having rabies, the board shall order the owner to confine such animal in the manner it directs. If the owner fails to confine such animal in the manner directed, the animal shall be apprehended and impounded by such board, and after 10 days the board may humanely destroy the animal. If such animal is returned to its owner, the owner shall pay the cost of impoundment. This section does not apply if a police service dog or a horse used by a law enforcement agency and acting in the performance of its duties has bitten a person.
(Code of Iowa, Sec. 351.39)
Animals found at large in violation of this chapter shall be seized and impounded, or at the discretion of the peace officer, the owner may be served a summons to appear before a proper court to answer charges made thereunder.
When an animal has been apprehended and impounded, written notice shall be provided to the owner within two days after impoundment, if the owner’s name and current address can reasonably be determined by accessing a tag or other device that is on or part of the animal. Impounded animals may be recovered by the owner upon payment of impounding costs, and if an unvaccinated dog, by having it immediately vaccinated. If the owner fails to redeem the animal within seven days from the date that the notice is mailed, or if the owner cannot be located within seven days, the animal shall be disposed of in accordance with law or destroyed by euthanasia.
(Code of Iowa, Sec. 351.37, 351.41)
Impounding costs are established by resolution of the Council.
(Code of Iowa, Sec. 351.37)
(Code of Iowa, Ch. 717E)
1. Prohibition. It is unlawful for any person to award a pet or advertise that a pet may be awarded as any of the following:
A. A prize for participating in a game.
B. A prize for participating in a fair.
C. An inducement or condition for visiting a place of business or attending an event sponsored by a business.
D. An inducement or condition for executing a contract that includes provisions unrelated to the ownership, care or disposition of the pet.
2. Exceptions. This section does not apply to any of the following:
A. A pet shop licensed pursuant to Section 162.5 of the Code of Iowa if the award of a pet is provided in connection with the sale of a pet on the premises of the pet shop.
B. Youth programs associated with 4-H Clubs; Future Farmers of America; the Izaak Walton League of America; or organizations associated with outdoor recreation, hunting or fishing, including but not limited to the Iowa Sportsmen’s Federation.
For use in this chapter, the following terms are defined:
- “Dangerous animal” means (a) any animal which is not naturally tame or gentle, and which is of a wild nature or disposition, and which is capable of killing, inflicting serious injury upon or causing disease among human beings or domestic animals and having known tendencies as a species to do so; (b) any animal declared to be dangerous by the County Board of Health or Council or its designee; and (c) the following animals, which are deemed to be dangerous animals per se:
- Lions, tigers, jaguars, leopards, cougars, lynx and bobcats
- Wolves, coyotes and foxes
- Badgers, wolverines, weasels, skunk and mink;
- Raccoons;
- Bears;
- Monkeys and chimpanzees;
- Bats;
- Alligators and crocodiles;
- Scorpions;
- Snakes that are venomous, or constrictors;
- Gila monsters;
- Any dog which has the appearance and characteristics of being of the breed of Staffordshire Terrier, American Pit Bull Terrier, American Staffordshire Terrier, any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers, or a combination of any of these breeds.
- “Vicious animal” means any animal, except for a dangerous animal as listed above, that has attacked, bitten or clawed a person while running at large and the attack was unprovoked, or any animal that has exhibited vicious tendencies in present or past conduct, including such that said animal: (i) has bitten more than one person during the animal’s lifetime; or (ii) has bitten one person on two or more occasions during the animal’s lifetime; or (iii) has attacked any domestic animal or fowl without provocation, causing injury or death while off the property of the owner.
No person shall keep, shelter or harbor for any reason within the City a vicious animal except in the following circumstances:
1. Animals under the control of a law enforcement or military agency.
2. The keeping of guard dogs; however, guard dogs must be kept within a structure or fixed enclosure at all times, and any guard dog found at large may be processed as a vicious animal pursuant to the provisions of this chapter. Any premises guarded by a guard dog shall be prominently posted with a sign containing the wording “Guard Dog,” “Vicious Dog,” or words of similar import, and the owner of such premises shall inform the Mayor or peace officer that a guard dog is on duty at said premises.
In the event that a dangerous animal or vicious animal is found at large and unattended upon public property, park property, public right-of-way or the property of someone other than its owner, thereby creating a hazard to persons or property, such animal may, in the discretion of the Mayor or peace officer, be destroyed if it cannot be confined or captured. The City shall be under no duty to attempt the confinement or capture of a dangerous animal or vicious animal found at large, nor shall it have a duty to notify the owner of such animal prior to its destruction.
2. Upon the complaint of any individual that a person is keeping, sheltering or harboring a dangerous animal or vicious animal on premises in the City, the Mayor or peace officer shall cause the matter to be investigated and if after investigation, the facts indicate that the person named in the complaint is keeping, sheltering or harboring a dangerous or vicious animal in the City, the Mayor or peace officer shall order the person named in the complaint to safely remove such animal from the City or destroy the animal within three days of the receipt of such an order. Such order shall be contained in a notice to remove the dangerous or vicious animal, which notice shall be given in writing to the person keeping, sheltering or harboring the dangerous animal or vicious animal, and shall be served personally or by certified mail. Such order and notice to remove the dangerous animal or vicious animal shall not be required where such animal has previously caused serious physical harm or death to any person, in which case the Mayor or peace officer shall cause the animal to be immediately seized and impounded or killed if seizure and impoundment are not possible without risk of serious physical harm or death to any person.
3. The order to remove a dangerous animal or vicious animal issued by the Mayor or peace officer may be appealed to the Council. In order to appeal such order, written notice of appeal must be filed with the Clerk within three days after receipt of the order contained in the notice to remove the dangerous or vicious animal. Failure to file such written notice of appeal shall constitute a waiver of the right to appeal the order of the Mayor or peace officer.
4. The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the Clerk. The hearing of such appeal shall be scheduled within seven days of the receipt of the notice of appeal. The hearing may be continued for good cause. After such hearing, the Council may affirm or reverse the order of the Mayor or peace officer. Such determination shall be contained in a written decision and shall be filed with the Clerk within three days after the hearing or any continued session thereof.
5. If the Council affirms the action of the Mayor or peace officer, the Council shall order in its written decision that the person owning, sheltering, harboring or keeping such dangerous or vicious animal remove such animal from the City or destroy it. The decision and order shall immediately be served upon the person against whom rendered in the same manner as the notice of removal. If the original order of the Mayor or peace officer is not appealed and is not complied with within three days or the order of the Council after appeal is not complied with within three days of its issuance, the Mayor or peace officer is authorized to seize, impound or destroy such dangerous or vicious animal. Failure to comply with an order of the Mayor or peace officer issued pursuant to this chapter and not appealed, or of the Council after appeal, constitutes a simple misdemeanor.
Chapters 60 through 70 of this Code of Ordinances may be known and cited as the “Vinton Traffic Code” (and are referred to herein as the “Traffic Code.”)
Where words and phrases used in the Traffic Code are defined by State law, such definitions apply to their use in said Traffic Code and are adopted by reference. Those definitions so adopted that need further definition or are reiterated, and other words and phrases used herein, have the following meanings:
(Code of Iowa, Sec. 321.1)
1. Business District” means the territory contiguous to and including the following designated streets:
A. Second Street from the alley between “C” and “D” Avenues to Third Avenue.
B. Third Street from the alley between “C” and “D” Avenues to Third Avenue.
C. Fourth Street from “D” Avenue to Third Avenue.
D. Fifth Street from “D” Avenue to Third Avenue.
E. Sixth Street from “B” Avenue to Third Avenue.
2. “Park” or “parking” means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.
3. “Peace officer” means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
4. “Residence district” means the territory contiguous to and including a highway not comprising a business, suburban or school district, where 40 percent or more of the frontage on such a highway for a distance of 300 feet or more is occupied by dwellings or by dwellings and buildings in use for business.
5. “School district” means the territory contiguous to and including a highway for a distance of 200 feet in either direction from a schoolhouse.
6. “Stand” or “standing” means the halting of a vehicle, whether occupied or not, otherwise than for the purpose of and while actually engaged in receiving or discharging passengers.
7. “Stop” means when required, the complete cessation of movement.
8. “Stop” or “stopping” means when prohibited, any halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or traffic control sign or signal.
9. “Suburban district” means all other parts of the City not included in the business, school, or residence districts.
10. “Traffic control device” means all signs, signals, markings, and devices not inconsistent with this chapter, lawfully placed or erected for the purpose of regulating, warning, or guiding traffic.
11. “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, street, or alley.
Provisions of this Traffic Code and State law relating to motor vehicles and law of the road are enforced by the Police Department.
(Code of Iowa, Sec. 372.13[4])
1. A peace officer or, in the absence of a peace officer, any officer of the Fire Department when at the scene of a fire, is authorized to direct all traffic by voice, hand, or signal in conformance with traffic laws. In the event of an emergency, traffic may be directed as conditions require, notwithstanding the provisions of the traffic laws.
(Code of Iowa, Sec. 102.4 & 321.236[2])
2. Emergency Regulations. The Police Chief is authorized to make temporary regulations or install traffic control devices to cover emergency or special conditions. Such regulations or devices shall be removed after the emergency or special condition ceases to exist.
The driver of a vehicle involved in an accident within the limits of the City shall file a report as and when required by the Iowa Department of Transportation. A copy of this report shall be filed with the City for the confidential use of peace officers and shall be subject to the provisions of Section 321.271 of the Code of Iowa.
(Code of Iowa, Sec. 321.273)
A peace officer is authorized to stop a vehicle to require exhibition of the driver’s license of the driver, to serve a summons or memorandum of traffic violation, to inspect the condition of the vehicle, to inspect the vehicle with reference to size, weight, cargo, log book, bills of lading or other manifest of employment, tires and safety equipment, or to inspect the registration certificate, the compensation certificate, travel order, or permit of such vehicle. A peace officer having probable cause to stop a vehicle may require exhibition of the proof of financial liability coverage card issued for the vehicle.
(Code of Iowa, Sec. 321.492)
No person shall willfully fail or refuse to comply with any lawful order or direction of any peace officer invested by law with authority to direct, control or regulate traffic.
(Code of Iowa, Sec. 321.229)
No person shall conduct or cause any parade on any street except as provided herein:
1. Definition. “Parade” means any march or procession of persons or vehicles organized for marching or moving on the streets in an organized fashion or manner or any march or procession of persons or vehicles represented or advertised to the public as a parade.
2. Permission Required. No parade shall be conducted without first obtaining permission from the Mayor or Police Chief. Permission granted to the person organizing or sponsoring the parade shall include all participants invited to participate therein.
3. Parade Not a Street Obstruction. Any parade for which permission has been granted, and the persons lawfully participating therein, shall not be deemed an obstruction of the streets notwithstanding the provisions of any other ordinance to the contrary.
4. Control by Police and Firefighters. Persons participating in any parade shall at all times be subject to the lawful orders and directions in the performance of their duties of law enforcement personnel and members of the Fire Department.
5. Cleaning up After Horses. It is the duty of the owners of any horse or team of horses participating in a parade to clean up immediately any horse manure deposited on the street.
The Council shall cause to be placed and maintained traffic control devices when and as required under this Traffic Code or under State law or emergency or temporary traffic control devices for the duration of an emergency or temporary condition as traffic conditions may require to regulate, guide or warn traffic. The Council shall keep a record of all such traffic control devices.
(Code of Iowa, Sec. 321.255)
The Police Department is hereby authorized, subject to approval of the Council by resolution, to designate and maintain crosswalks by appropriate traffic control devices at intersections where, due to traffic conditions, there is particular danger to pedestrians crossing the street or roadway, and at such other places as traffic conditions require.
(Code of Iowa, Sec. 372.13[4] & 321.255)
The Police Department is hereby authorized to mark lanes for traffic on street pavements at such places as traffic conditions require, consistent with this Traffic Code. Where such traffic lanes have been marked, it is unlawful for the operator of any vehicle to fail or refuse to keep such vehicle within the boundaries of any such lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement.
(Code of Iowa, Sec. 372.13[4] & 321.255)
Traffic control devices shall comply with standards established by The Manual of Uniform Traffic Control Devices for Streets and Highways.
(Code of Iowa, Sec. 321.255)
No driver of a vehicle shall disobey the instructions of any official traffic control device placed in accordance with the provisions of this chapter, unless at the time otherwise directed by a peace officer, subject to the exceptions granted the driver of an authorized emergency vehicle under Section 321.231 of the Code of Iowa.
(Code of Iowa, Sec. 321.256)
No provision of this Traffic Code for which signs are required shall be enforced against an alleged violator, if at the time and place of the alleged violation, an official sign is not in a viewable position and sufficiently legible to an ordinary observant person.
Any person who willfully fails or refuses to comply with any lawful order of a peace officer or direction of a Fire Department officer during a fire, or who fails to abide by the applicable provisions of the following Iowa statutory laws relating to motor vehicles and the statutory law of the road is in violation of this section. These sections of the Code of Iowa are adopted by reference and are as follows:
1. Section 321.17 – Misdemeanor to violate registration provisions.
2. Section 321.32 – Registration card, carried and exhibited; exception.
3. Section 321.37 – Display of plates.
4. Section 321.38 – Plates, method of attaching, imitations prohibited.
5. Section 321.57 – Operation under special plates.
6. Section 321.67 – Certificate of title must be executed.
7. Section 321.78 – Injuring or tampering with vehicle.
8. Section 321.79 – Intent to injure.
9. Section 321.91 – Penalty for abandonment.
10. Section 321.98 – Operation without registration.
11. Section 321.99 – Fraudulent use of registration.
12. Section 321.104 – Penal offenses against title law.
13. Section 321.115 – Antique vehicles; model year plates permitted.
14. Section 321.174 – Operators licensed.
15. Section 321.174A – Operation of motor vehicles with expired license.
16. Section 321.180 – Instruction permits.
17. Section 321.180B – Graduated driver’s licenses for persons aged fourteen through seventeen.
18. Section 321.193 – Restricted licenses.
19. Section 321.194 – Special minor’s licenses.
20. Section 321.208A – Operation in violation of out-of-service order.
21. Section 321.216 – Unlawful use of license and nonoperator’s identification card.
22. Section 321.216B – Use of driver’s license or nonoperator’s identification card by underage person to obtain alcohol.
23. Section 321.216C – Use of driver’s license or nonoperator’s identification card by underage person to obtain cigarettes or tobacco products.
24. Section 321.218 – Operating without valid driver’s license or when disqualified.
25. Section 321.219 – Permitting unauthorized minor to drive.
26. Section 321.220 – Permitting unauthorized person to drive.
27. Section 321.221 – Employing unlicensed chauffeur.
28. Section 321.222 – Renting motor vehicle to another.
29. Section 321.223 – License inspected.
30. Section 321.224 – Record kept.
31. Section 321.232 – Speed detection jamming devices; penalty.
32. Section 321.234A – All-terrain vehicles.
33. Section 321.235A – Electric personal assistive mobility devices. †
34. Section 321.247 – Golf cart operation on City streets.
35. Section 321.257 – Official traffic control signal.
36. Section 321.259 – Unauthorized signs, signals or markings.
37. Section 321.260 – Interference with devices, signs or signals; unlawful possession.
38. Section 321.262 – Leaving scene of traffic accident prohibited; vehicle damage only; removal of vehicles.
39. Section 321.263 – Information and aid.
40. Section 321.264 – Striking unattended vehicle.
41. Section 321.265 – Striking fixtures upon a highway.
42. Section 321.266 – Reporting accidents.
43. Section 321.275 – Operation of motorcycles and motorized bicycles.
44. Section 321.276 – Use of electronic communication device while driving; text-messaging.
45. Section 321.277 – Reckless driving.
46. Section 321.277A – Careless driving.
47. Section 321.278 – Drag racing prohibited.
48. Section 321.281 – Actions against bicyclists.
49. Section 321.284 – Open container; drivers.
50. Section 321.284A – Open container; passengers.
51. Section 321.288 – Control of vehicle; reduced speed.
52. Section 321.295 – Limitation on bridge or elevated structures.
53. Section 321.297 – Driving on right-hand side of roadways; exceptions.
54. Section 321.298 – Meeting and turning to right.
55. Section 321.299 – Overtaking a vehicle.
56. Section 321.302 – Overtaking and passing.
57. Section 321.303 – Limitations on overtaking on the left.
58. Section 321.304 – Prohibited passing.
59. Section 321.306 – Roadways laned for traffic.
60. Section 321.307 – Following too closely.
61. Section 321.308 – Motor trucks and towed vehicles; distance requirements.
62. Section 321.309 – Towing; convoys; drawbars.
63. Section 321.310 – Towing four-wheel trailers.
64. Section 321.312 – Turning on curve or crest of grade.
65. Section 321.313 – Starting parked vehicle.
66. Section 321.314 – When signal required.
67. Section 321.315 – Signal continuous.
68. Section 321.316 – Stopping.
69. Section 321.317 – Signals by hand and arm or signal device.
70. Section 321.318 – Method of giving hand and arm signals.
71. Section 321.319 – Entering intersections from different highways.
72. Section 321.320 – Left turns; yielding.
73. Section 321.321 – Entering through highways.
74. Section 321.322 – Vehicles entering stop or yield intersection.
75. Section 321.323 – Moving vehicle backward on highway.
76. Section 321.323A – Approaching certain stationary vehicles.
77. Section 321.324 – Operation on approach of emergency vehicles.
78. Section 321.324A – Funeral processions.
79. Section 321.325 – Pedestrian disobeying traffic control signal.
80. Section 321.329 – Duty of driver; pedestrians crossing or working on highways.
81. Section 321.330 – Use of crosswalks.
82. Section 321.332 – White canes restricted to blind persons.
83. Section 321.333 – Duty of drivers approaching blind persons.
84. Section 321.340 – Driving through safety zone.
85. Section 321.341 – Obedience to signal indicating approach of railroad train or railroad track equipment.
86. Section 321.342 – Stop at certain railroad crossings; posting warning.
87. Section 321.343 – Certain vehicles must stop.
88. Section 321.344 – Heavy equipment at crossing.
89. Section 321.344B – Immediate safety threat; penalty.
90. Section 321.354 – Stopping on traveled way.
91. Section 321.359 – Moving other vehicle.
92. Section 321.362 – Unattended motor vehicle.
93. Section 321.363 – Obstruction to driver’s view.
94. Section 321.364 – Vehicles shipping food; preventing contamination by hazardous material.
95. Section 321.365 – Coasting prohibited.†
96. Section 321.367 – Following fire apparatus.
97. Section 321.368 – Crossing fire hose.
98. Section 321.369 – Putting debris on highway.
99. Section 321.370 – Removing injurious material.
100. Section 321.371 – Clearing up wrecks.
101. Section 321.372 – School buses.
102. Section 321.381 – Movement of unsafe or improperly equipped vehicles.
103. Section 321.381A – Operation of low-speed vehicles.
104. Section 321.382 – Upgrade pulls; minimum speed.
105. Section 321.383 – Exceptions; slow vehicles identified.
106. Section 321.384 – When lighted lamps required.
107. Section 321.385 – Head lamps on motor vehicles.
108. Section 321.386 – Head lamps on motorcycles and motorized bicycles.
109. Section 321.387 – Rear lamps.
110. Section 321.388 – Illuminating plates.
111. Section 321.389 – Reflector requirement.
112. Section 321.390 – Reflector requirements.
113. Section 321.392 – Clearance and identification lights.
114. Section 321.393 – Color and mounting.
115. Section 321.394 – Lamp or flag on projecting load.
116. Section 321.395 – Lamps on parked vehicles.
117. Section 321.398 – Lamps on other vehicles and equipment.
118. Section 321.402 – Spot lamps.
119. Section 321.403 – Auxiliary driving lamps.
120. Section 321.404 – Signal lamps and signal devices.
121. Section 321.404A – Light-restricting devices prohibited.
122. Section 321.405 – Self-illumination.
123. Section 321.408 – Back-up lamps.
124. Section 321.409 – Mandatory lighting equipment.
125. Section 321.415 – Required usage of lighting devices.
126. Section 321.417 – Single-beam road-lighting equipment.
127. Section 321.418 – Alternate road-lighting equipment.
128. Section 321.419 – Number of driving lamps required or permitted.
129. Section 321.420 – Number of lamps lighted.
130. Section 321.421 – Special restrictions on lamps.
131. Section 321.422 – Red light in front.
132. Section 321.423 – Flashing lights.
133. Section 321.430 – Brake, hitch, and control requirements.
134. Section 321.431 – Performance ability.
135. Section 321.432 – Horns and warning devices.
136. Section 321.433 – Sirens, whistles, and bells prohibited.
137. Section 321.434 – Bicycle sirens or whistles.
138. Section 321.436 – Mufflers, prevention of noise.
139. Section 321.437 – Mirrors.
140. Section 321.438 – Windshields and windows.
141. Section 321.439 – Windshield wipers.
142. Section 321.440 – Restrictions as to tire equipment.
143. Section 321.441 – Metal tires prohibited.
144. Section 321.442 – Projections on wheels.
145. Section 321.444 – Safety glass.
146. Section 321.445 – Safety belts and safety harnesses; use required.
147. Section 321.446 – Child restraint devices.
148. Section 321.449 – Motor carrier safety regulations.
149. Section 321.449A – Rail crew transport drivers. †
150. Section 321.450 – Hazardous materials transportation.
151. Section 321.454 – Width of vehicles.
152. Section 321.455 – Projecting loads on passenger vehicles.
153. Section 321.456 – Height of vehicles; permits.
154. Section 321.457 – Maximum length.
155. Section 321.458 – Loading beyond front.
156. Section 321.460 – Spilling loads on highways.
157. Section 321.461 – Trailers and towed vehicles.
158. Section 321.462 – Drawbars and safety chains.
159. Section 321.463 – Maximum gross weight.
160. Section 321.465 – Weighing vehicles and removal of excess.
161. Section 321.466 – Increased loading capacity; reregistration.
162. Section 321.449B – Texting or using a mobile telephone while operating a commercial motor vehicle. (Ord. 1034 – Sep. 18 Supp.)
163. Section 321.235B – Low-speed electric bicycles. (Ord. 1061 – Sep. 21 Supp.)
164. Section 321.366 – Acts prohibited on fully controlled-access facilities.
(Ord. 1061 – Sep. 21 Supp.)
The Police Department shall have authority to declare any street or part thereof a play street and cause to be placed appropriate signs or devices in the roadway indicating and helping to protect the same. Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon any such street or portion thereof except drivers of vehicles having business or whose residences are within such closed area, and then any said driver shall exercise the greatest care in driving upon any such street or portion thereof.
(Code of Iowa, Sec. 321.255)
The driver of a vehicle shall not drive upon or within any sidewalk area except at a driveway.
No person shall drive a motor vehicle on the streets of the City unless all passengers of said vehicle are inside the vehicle in the place intended for their accommodation. No person riding upon any bicycle, coaster, roller skates, in-line skates, sled, or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway.
Whenever authorized signs are erected indicating a quiet zone, no person operating a motor vehicle within any such zone shall sound the horn or other warning device of such vehicle except in an emergency.
It is unlawful to allow any tree, hedge, billboard, or other object to obstruct the view of an intersection by preventing persons from having a clear view of traffic approaching the intersection from cross streets. Any such obstruction is deemed a nuisance and in addition to the standard penalty may be abated in the manner provided by Chapter 50 of this Code of Ordinances.
It is unlawful for any person within the City limits to make, or cause to be made, loud or disturbing or offensive noises with any mechanical devices operated by compressed air and used for the purposes of assisting braking on any semi-tractor, commonly referred to as “jake braking.”
No person shall operate a motor vehicle upon a street or alley so as to disturb the peace and quiet of the residents of the City by squealing tires or roaring of motor or causing loud and excessive noises in the operation of the motor vehicle.
Every driver of a motor vehicle on a street shall drive the same at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface and width of the street and of any other conditions then existing, and no person shall drive a vehicle on any street at a speed greater than will permit said driver to bring it to a stop within the assured clear distance ahead, such driver having the right to assume, however, that all persons using said street will observe the law.
(Code of
The following speed limits are established in Section 321.285 of the Code of Iowa and any speed in excess thereof is unlawful unless specifically designated otherwise in this chapter as a special speed zone.
1. Business District – 20 miles per hour.
2. Residence or School District – 25 miles per hour.
3. Suburban District – 45 miles per hour.
A speed in excess of 15 miles per hour in any public park, cemetery, or parking lot, unless specifically designated otherwise in this chapter, is unlawful.
(Code of Iowa, Sec. 321.236[5])
In accordance with requirements of the Iowa Department of Transportation, or whenever the Council shall determine upon the basis of an engineering and traffic investigation that any speed limit listed in Section 63.02 is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of the City street system, the Council shall determine and adopt by ordinance such higher or lower speed limit as it deems reasonable and safe at such location. The following special speed zones have been established:
(Code of Iowa, Sec. 321.290)
1. Special 15 MPH Speed Zones. A speed in excess of 15 miles per hour shall be unlawful on any of the following designated streets or parts thereof.
A. On Eighth Avenue from First Street to Park Drive.
B. On Fourth Street from “M” Avenue to “N” Avenue.
C. On “N” Avenue from Fourth Street to Third Street.
D. On Fifth Avenue from E Second Street to Riverside Drive.
E. On Riverside Drive from Fifth Avenue to Winter Recreation Area in Riverside Park.
F. On “A” Street from Eighth Avenue to Riverside Drive.
G. On Park Drive from Eighth Avenue to Ninth Avenue.
H. On Ninth Avenue from Park Drive to north end.
I. On East Thirteenth Street from a point 100 feet west of the Mud Creek Bridge east to Stoney Arch.
2. Special 30 MPH Speed Zones. A speed in excess of 30 miles per hour shall be unlawful on any of the following designated streets or parts thereof.
A. On State Highway 150 (“C” Avenue) from 50 feet south of Fifth Street to a point 150 feet south of Seventeenth Street.
B. On West “D” Street from “K” Avenue to “R” Avenue.
C. On First Street from “K” Avenue to “R” Avenue.
3. Special 35 MPH Speed Zones. A speed in excess of 35 miles per hour shall be unlawful on any of the following designated streets or parts thereof:
A. On U. S. Highway 218 (“K” Avenue) from 750 feet south of West Fifth Street to 50 feet north of West “D” Street.
B. On West Fifth Street from “K” Avenue (Highway 218) to “R” Avenue.
C. On Twenty-Fifth Avenue from Sixty-First Street Lane (County Home Road) north to the Iowa Northern Railway.
D. On East Thirteenth Street from Tenth Avenue east to a point 100 feet west of the Mud Creek Bridge.
E. On State Highway 150 (First Avenue) from 100 feet north of Third Street north to the City limits.
4. Special 40 MPH Speed Zones. A speed in excess of 40 miles per hour shall be unlawful on any of the following designated streets or parts thereof:
A. On Highway 150, beginning at the southern City limits proceeding north for approximately 2,219 feet.
5. Special 45 MPH Speed Zones. A speed in excess of 45 miles per hour shall be unlawful on any of the following designated streets or parts thereof:
A. On Highway 218, beginning approximately 1,160 feet north and west from southern City limits to 750 feet south of West Fifth Street.
6. Special 55 MPH Speed Zones. A speed in excess of 55 miles per hour shall be unlawful on any of the following designated streets or parts thereof:
A. On Highway 218 from the southern City limits traveling north and west about 1,160 feet.
A person shall not drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation, or in compliance with law.
(Code of Iowa, Sec. 321.294)
The driver of a vehicle intending to turn at an intersection shall do so as follows:
(Code of Iowa, Sec. 321.311)
- Both the approach for a right turn and a right turn shall be made as close as practical to the right-hand curb or edge of the roadway.
- Approach for a left turn shall be made in that portion of the right half of the roadway nearest the centerline thereof and after entering the intersection the left turn shall be made so as to depart from the intersection to the right of the centerline of the roadway being entered.
- Approach for a left turn from a two-way street into a one-way street shall be made in that portion of the right half of the roadway nearest the centerline thereof and by passing to the right of such centerline where it enters the intersection. A left turn from a one-way street into a two-way street shall be made by passing to the right of the centerline of the street being entered upon leaving the intersection.
The Council may cause markers, buttons or signs to be placed within or adjacent to intersections and thereby require and direct, as traffic conditions require, that a different course from that specified above be traveled by vehicles turning at intersections, and when markers, buttons or signs are so placed, no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such markers, buttons or signs.
It is unlawful for a driver to make a U-turn except at an intersection; however, U-turns are prohibited within the Business District and at intersections where there are automatic traffic signals.
(Code of Iowa, Sec. 321.236[9])
No person shall make a left hand turn, crossing the centerline of the street, for the purpose of parking on said street.
No driver of any vehicle shall make a right turn at the following intersections when the signal is red.
NONE
Every driver of a vehicle shall stop, unless a yield is permitted by this chapter, before entering an intersection with the following designated through streets.
(Code of Iowa, Sec. 321.345)
- NONE -
Every driver of a vehicle shall stop in accordance with the following:
(Code of Iowa, Sec. 321.345)
1. “A” Street. Vehicles traveling east will stop at Eighth Avenue.
2. First Street. Vehicles traveling east will stop at Eighth Avenue.
3. First Street. Vehicles traveling east and west will stop at R.R. crossing at “I” Avenue.
4. First Street. Vehicles traveling east and west will stop at “K” Avenue (Hwy. 218).
5. First Street. Vehicles traveling west will stop at “R” Avenue.
6. “R” Avenue. Vehicles traveling south will stop at W. Fifth Street.
7. West “D” Street. Vehicles traveling east will stop at “K” Avenue.
8. “K” Avenue. Vehicles traveling east will stop at “C” Avenue.
9. Second Street. Vehicles traveling east and west will stop at First Avenue.
10. Second Street. Vehicles traveling east and west will stop at Ninth Avenue.
11. Second Street. Vehicles traveling east and west will stop at Eighth Avenue.
12. Third Avenue. Vehicles traveling north will stop at Second Street.
13. Fifth Avenue. Vehicles traveling north and south will stop at Second Street.
14. Sixth Avenue. Vehicles traveling north and south will stop at Second Street.
15. Third Street. Vehicles traveling east and west will stop at “K” Avenue (Hwy. 218).
16. Third Street. Vehicles traveling east and west will stop at First Avenue.
17. Third Street. Vehicles traveling east and west will stop at Second Avenue.
18. Third Street. Vehicles traveling east and west will stop at Eighth Avenue.
19. Third Street. Vehicles traveling east and west will stop at Ninth Avenue.
20. “I” Avenue. Vehicles traveling north and south will stop at Third Street.
21. “E” Avenue. Vehicles traveling north and south will stop at Third Street.
22. “D” Avenue. Vehicles traveling north and south will stop at Third Street.
23. “C” Avenue. Vehicles traveling north and south will stop at Third Street.
24. “B” Avenue. Vehicles traveling north and south will stop at Third Street.
25. “A” Avenue. Vehicles traveling north and south will stop at Third Street.
26. Fifth Avenue. Vehicles traveling north and south will stop at Third Street.
27. Fourth Street. Vehicles traveling west will stop at Ninth Avenue.
28. Eleventh Avenue. Vehicles traveling north and south will stop at Fourth Street.
29. Ninth Avenue. Vehicles traveling north will stop at Fourth Street.
30. Eighth Avenue. Vehicles traveling north and south will stop at Fourth Street.
31. Seventh Avenue. Vehicles traveling north and south will stop at Fourth Street.
32. Sixth Avenue. Vehicles traveling north and south will stop at Fourth Street.
33. Fifth Avenue. Vehicles traveling north and south will stop at Fourth Avenue.
34. Fourth Avenue. Vehicles traveling north and south will stop at Fourth Street.
35. Third Avenue. Vehicles traveling north and south will stop at Fourth Street.
36. “B” Avenue. Vehicles traveling north and south will stop at Fourth Street.
37. “D” Avenue. Vehicles traveling north and south will stop at Fourth Street.
38. “E” Avenue. Vehicles traveling north and south will stop at Fourth Street.
39. “H” Avenue. Vehicles traveling north will stop at Fourth Street.
40. “I” Avenue. Vehicles traveling north and south will stop at Fourth Street.
41. “J” Avenue. Vehicles traveling north will stop at Fourth Street.
42. Fifth Street. Vehicles traveling east and west will stop at “K” Avenue.
43. Fifth Street. Vehicles traveling east and west will stop at “C” Avenue.
44. Fifth Street. Vehicles traveling east and west will stop at Eighth Avenue.
45. “B” Avenue. Vehicles traveling north and south will stop at Fifth Street.
46. Fifth Avenue. Vehicles traveling north and south will stop at Fifth Street.
47. Sixth Street. Vehicles traveling east and west will stop at Eighth Avenue.
48. Sixth Street. Vehicles traveling east and west will stop at Second Avenue.
49. Sixth Street. Vehicles traveling east and west will stop at “C” Avenue.
50. Sixth Street. Vehicles traveling west will stop at R.R. track.
51. “F” Avenue. Vehicles traveling north will stop at Sixth Street.
52. “A” Avenue. Vehicles traveling north and south will stop at Sixth Street.
53. First Avenue. Vehicles traveling north and south will stop at Sixth Street.
54. Fourth Avenue. Vehicles traveling north and south will stop at Sixth Street.
55. Eighth Street. Vehicles traveling east and west will stop at Eighth Avenue.
56. Eighth Street. Vehicles traveling east and west will stop at Second Avenue.
57. Eighth Street. Vehicles traveling east and west will stop at “C” Avenue.
58. Eighth Street. Vehicles traveling west will stop at “K” Avenue.
59. “J” Avenue. Vehicles traveling north will stop at Eighth Street.
60. “I” Avenue. Vehicles traveling north and south will stop at Eighth Street.
61. “H” Avenue. Vehicles traveling south will stop at Eighth Avenue.
62. “G” Avenue. Vehicles traveling north and south will stop at Eighth Avenue.
63. “F” Avenue. Vehicles traveling north and south will stop at Eighth Avenue.
64. “E” Avenue. Vehicles traveling south will stop at Eighth Street.
65. “D” Avenue. Vehicles traveling north and south will stop at Eighth Street.
66. “B” Avenue. Vehicles traveling north and south will stop at Eighth Street.
67. “A” Avenue. Vehicles traveling north and south will stop at Eighth Street.
68. First Avenue. Vehicles traveling north and south will stop at Eighth Street.
69. Third Avenue. Vehicles traveling north and south will stop at Eighth Street.
70. Fourth Ave. Vehicles traveling north and south will stop at Eighth Street.
71. Fifth Avenue. Vehicles traveling north and south will stop at Eighth Street.
72. Sixth Avenue. Vehicles traveling north and south will stop at Eighth Street.
73. Seventh Avenue. Vehicles traveling north and south will stop at Eighth Street.
74. Ninth Avenue. Vehicles traveling north and south will stop at Fourth Street.
75. Ninth Street. Vehicles traveling east and west will stop at Eighth Avenue.
76. Ninth Street. Vehicles traveling east and west will stop at Second Avenue.
77. Ninth Street. Vehicles traveling east and west will stop at “C” Avenue.
78. Ninth Street. Vehicles traveling west will stop at “K” Avenue.
79. Tenth Street. Vehicles traveling east and west will stop at “C” Avenue.
80. Tenth Street. Vehicles traveling east and west will stop at Second Avenue.
81. Tenth Street. Vehicles traveling east and west will stop at Eighth Avenue.
82. Eleventh Street. Vehicles traveling east and west will stop at Eighth Avenue.
83. Eleventh Street. Vehicles traveling east and west will stop at Second Avenue.
84. Eleventh Street. Vehicles traveling east and west will stop at “C” Avenue.
85. Twelfth Street. Vehicles traveling east and west will stop at “C” Avenue.
86. Twelfth Street. Vehicles traveling east and west will stop at Second Avenue.
87. Twelfth Street. Vehicles traveling east and west will stop at Eighth Avenue.
88. Thirteenth Street. Vehicles traveling west and south will stop at the intersection of the gravel road and Tenth Avenue.
89. Thirteenth Street. Vehicles traveling east and west will stop at “C” Avenue.
90. Thirteenth Street. Vehicles traveling east and west will stop at “K” Avenue (Hwy. 218).
91. “A” Avenue. Vehicles traveling north and south will stop at Thirteenth Street.
92. “B” Avenue. Vehicles traveling north and south will stop at Thirteenth Street.
93. “D” Avenue. Vehicles traveling north and south will stop at Thirteenth Street.
94. “E” Avenue. Vehicles traveling north and south will stop at Thirteenth Street.
95. “F” Avenue. Vehicles traveling north and south will stop at Thirteenth Street.
96. “G” Avenue. Vehicles traveling north and south will stop at Thirteenth Street.
97. “H” Avenue. Vehicles traveling north and south will stop at Thirteenth Street.
98. First Avenue. Vehicles traveling south will stop at Thirteenth Street.
99. Third Avenue. Vehicles traveling south will stop at Thirteenth Street.
100. Fourth Avenue. Vehicles traveling south will stop at Thirteenth Street.
101. Fifth Avenue. Vehicles traveling south will stop at Thirteenth Street.
102. Sixth Avenue. Vehicles traveling south will stop at Thirteenth Street.
103. Seventh Avenue. Vehicles traveling south will stop at Thirteenth Street.
104. Eighth Avenue. Vehicles traveling south will stop at Thirteenth Street.
105. Tenth Avenue. Vehicles traveling south will stop at Thirteenth Street.
106. Fifteenth Street. Vehicles traveling east and west will stop at “C” Avenue.
107. Sixteenth Street. Vehicles traveling east will stop at “C” Avenue.
108. Sixteenth Street. Vehicles traveling west and east will stop at “K” Avenue (Hwy 218).
109. Seventeenth Street. Vehicles traveling east will stop at “C” Avenue.
110. Twenty-First Street. Vehicles traveling east will stop at Second Avenue.
111. Twenty-First Street. Vehicles traveling west will stop at “C” Avenue.
112. “C” Avenue. Vehicles traveling south will stop at “K” Avenue.
113. “K” Avenue (Hwy 218). Vehicles traveling east will stop at “C” Avenue.
114. S. Tenth Avenue. Vehicles traveling north will stop at E-24.
115. Sixth Avenue. Vehicles traveling north and south will stop at Sixth Street.
116. Third Avenue. Vehicles traveling south will stop at Sixth Street.
117. West and east alley, between First Avenue and Second Avenue, between Fifth Street and Sixth Street. Vehicles will stop when going east from First Avenue.
118. North and south alley, between Fifth Street and Sixth Street, between First and Second Avenue. Vehicles will stop when going south from Fifth Street.
119. Scenic Drive. Vehicles traveling west will stop at Ninth Avenue.
120. Park Drive. Vehicles traveling east will stop at Ninth Avenue.
121. Ninth Avenue. Vehicles traveling south will stop at Park Drive.
122. Sixth Avenue. Vehicles traveling north and south will stop at Fifth Street.
123. “E” Avenue. Vehicles traveling north will stop at Seventeenth Street.
124. “G” Avenue. Vehicles traveling north and south will stop at Seventeenth Street.
125. “G” Avenue. Vehicles traveling north and south will stop at Tenth Street.
126. Tenth Street. Vehicles traveling west will stop at “G” Avenue.
127. Third Street. Vehicles traveling east and west will stop at “N” Avenue.
128. First Avenue. Vehicles traveling south will stop at Twenty-First Street.
129. E. Fifteenth Street. Vehicles traveling west will stop at Tenth Avenue.
130. Fourteenth Avenue S. Vehicles traveling north will stop at Thirteenth Street.
131. E. Eighteenth Street. Vehicles traveling east will stop at Second Avenue.
132. “R” Avenue. Vehicles traveling south will stop at W. “D” Street.
133. “M” Avenue. Vehicles traveling south will stop at W. First Street.
134. “M” Avenue. Vehicles traveling south will stop at W. “D” Street.
135. Third Avenue. Vehicles traveling north and south will stop at Ninth Street.
136. Tenth Street. Vehicles traveling east and west will stop at Fourth Avenue.
137. Twelfth Street. Vehicles traveling east and west will stop at Fourth Avenue.
138. Fifth Avenue. Vehicles traveling north and south will stop at Ninth Street.
139. Sixth Avenue. Vehicles traveling north and south will stop at Ninth Street.
140. Seventh Avenue. Vehicles traveling north and south will stop at Ninth Street.
141. Fourth Avenue. Vehicles traveling north and south will stop at Ninth Street.
142. “B” Avenue. Vehicles traveling south will stop at W. Fifteenth Street.
143. “Q” Avenue. Vehicles traveling north will stop at W. First Street.
144. Washington Drive. Vehicles traveling east will stop at Second Avenue.
145. “S” Avenue. Vehicles traveling south will stop at W. Fourth Street.
146. “E” Avenue. Vehicles traveling north and south will stop at Tenth Street.
147. Second Avenue. Vehicles traveling north and south will stop at E. Twenty-First Street.
148. Second Avenue. Vehicles traveling north and south will stop at E. Eighteenth Street.
149. North and south alley, between East Fifth Street and east-west alley to the north, between Second and Third Avenue. Vehicles will stop at the east-west alley when going north from East Fifth Street.
150. North and south alley, between East Fifth Street and east-west alley to the north, between Second and Third Avenue. Vehicles will stop at East Fifth Street when going south from the east-west alley.
151. Vehicles traveling north on Fourth Avenue will stop at East Fifth Street.
152. Vehicles traveling south on Fourth Avenue will stop at East Fifth Street.
153. Vehicles traveling north on Viking Drive will stop at Homecoming Court.
154. Vehicles traveling north on Blue Jay Avenue will stop at Homecoming Court.
155. Vehicles traveling east on Homecoming Court will stop at Twenty-Fifth Avenue.
Every driver of a vehicle shall stop before entering the following designated four-way stop intersections:
(Code of Iowa, Sec. 321.345)
1. Fourth Street and Second Avenue.
2. Fourth Street and “C” Avenue.
3. Fifth Street and First Avenue.
4. Fifth Street and Second Avenue.
5. Second Avenue and Thirteenth Street.
6. Fourth Avenue and Eleventh Street.
7. Sixth Avenue and Eleventh Street.
8. Fifth Street and “A” Avenue.
9. W. Sixteenth Street and “G” Avenue.
Every driver of a vehicle shall yield in accordance with the following:
(Code of Iowa, Sec. 321.345)
1. Riverside Drive. Vehicles traveling south will yield at “A” Street.
2. Scenic Drive. Vehicles traveling south will yield at Third Street.
3. Country Club Drive. Vehicles traveling south will yield at Third Street.
4. First Street. Vehicles traveling west will yield at Sixth Avenue.
5. Ninth Street. Vehicles traveling east and west will yield at First Avenue.
6. Tenth Street. Vehicles traveling east will yield at Tenth Avenue.
7. Tenth Street. Vehicles traveling east and west will yield at First Avenue.
8. Third Avenue. Vehicles traveling north and south will yield at Third Street.
9. Third Avenue. Vehicles traveling north and south will yield at Fifth Street.
10. Fourth Avenue. Vehicles traveling north and south will yield at Third Street.
11. Twelfth Street. Vehicles traveling east and west will yield at First Avenue.
12. Fifth Avenue. Vehicles traveling north and south will yield at Eleventh Street.
13. Sixth Avenue. Vehicles traveling north and south will yield at Third Street.
14. Seventh Avenue. Vehicles traveling north and south will yield at Third Street.
15. Fourteenth Avenue. Vehicles traveling north and south will yield at Third Street.
16. “B” Avenue. Vehicles traveling north and south will yield at Sixth Street.
17. Eleventh Avenue. Vehicles traveling north and south will yield at Third Street.
18. “F” Avenue. Vehicles traveling north and south will yield at Tenth Street.
19. “F” Avenue. Vehicles traveling north and south will yield at Fourteenth Street.
20. “J” Avenue. Vehicles traveling north and south will yield at Sixteenth Street.
21. “N” Avenue. Vehicles traveling north will yield at W. First Street.
22. “K” Avenue. Vehicles traveling south will yield at “C” Avenue.
23. “E” Avenue. Vehicles traveling north and south will yield at Fifteenth Street.
24. Ninth Street. Vehicles traveling east will yield at “G” Avenue.
25. Ninth Avenue. Vehicles traveling north will yield at Park Drive.
26. Eleventh Street. Vehicles traveling east and west will yield at First Avenue.
At the following school crossing zones every driver of a vehicle approaching said zone shall bring the vehicle to a full stop at a point 10 feet from the approach side of the crosswalk marked by an authorized school stop sign and thereafter proceed in a careful and prudent manner until the vehicle shall have passed through such school crossing zone.
(Code of Iowa, Sec. 321.249)
1. Thirteenth Street at Fourth Avenue.
2. Thirteenth Street at Sixth Avenue.
3. “K” Avenue (Hwy 218) at Fourth Street.
4. “C” Avenue at West Sixteenth Street.
5. Second Avenue on the south side of East Thirteenth Street intersection.
6. Second Avenue on the south side of East Eighteenth Street intersection.
West Fifteenth Street from “A” Avenue to “C” Avenue shall be for school bus use only during afternoon bus pickup while school is in session.
The driver of a vehicle emerging from a private roadway, alley, driveway, or building shall stop such vehicle immediately prior to driving onto the sidewalk area and thereafter shall proceed into the sidewalk area only when able to do so without danger to pedestrian traffic and shall yield the right-of-way to any vehicular traffic on the street into which the vehicle is entering.
(Code of Iowa, Sec. 321.353)
Notwithstanding any traffic control signal indication to proceed, no driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle.
Where traffic control signals are not in place or in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping, if need be, to yield to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.
(Code of Iowa, Sec. 321.327)
Every driver shall observe and comply with the directions provided by official traffic control signals at the following intersections:
(Code of Iowa, Sec. 321.256)
1. Intersection of Fourth Street and First Avenue.
2. Intersection of Fourth Street and “A” Avenue.
3. Intersection of Fourth Street and “K” Avenue (Hwy. 218).
If the City Administrator declares an embargo when it appears by reason of deterioration, rain, snow or other climatic conditions that certain streets will be seriously damaged or destroyed by vehicles weighing in excess of an amount specified by the signs, no such vehicles shall be operated on streets so designated by such signs.
(Code of
The Council may, upon application and good cause being shown, issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight or load exceeding the maximum specified by State law or the City over those streets or bridges named in the permit which are under the jurisdiction of the City and for which the City is responsible for maintenance.
(Code of Iowa, Sec. 321.473 & 321E)
When signs are erected giving notice thereof, no person shall operate any vehicle with a gross weight in excess of the amounts specified on such signs at any time upon any of the following streets or parts of streets:
(Code of Iowa, Sec. 321.473 & 475)
1. Twelve-ton limit on W. Third Street from “C” Avenue to “K” Avenue (Hwy. 218).
2. Eight-ton limit on S. First Avenue from E. Eighteenth Street to Twenty-First Street.
3. The following exemptions apply:
A. City service and emergency vehicles.
B. Motor vehicles engaged in local pickup and delivery service.
C. Motor vehicles used for commercial purposes may be driven across any such street or part of a street at an intersection.
Where it has been determined that any City bridge has a capacity less than the maximum permitted on the streets of the City, or on the street serving the bridge, the Council may cause to be posted and maintained signs on said bridge and at suitable distances ahead of the entrances thereof to warn drivers of such maximum load limits. No person shall drive upon said bridge any vehicle weighing, loaded or unloaded, in excess of such posted limit.
(Code of Iowa, Sec. 321.471)
Truck route regulations are established as follows:
1. Truck Routes Designated. Every motor vehicle weighing 80,000 tons or more, when loaded or empty, having no fixed terminal within the City or making no scheduled or definite stops within the City for the purpose of loading or unloading shall travel over or upon the following streets within the City and none other:
(Code of Iowa, Sec. 321.473)
2. West 4th Street from C Avenue (Hwy 150) to K Avenue (Hwy 218).
3. East 3rd Street from 1st Avenue to 2nd Avenue.
4. 2nd Avenue from East 3rd Street to East 4th Street.
5. East 4th Street from 2nd Avenue to 8th Avenue.
6. 8th Avenue from East 4th Street to East 13th Street
7. East 13th Street from 10th Avenue to 61st Lane.
8. Deliveries Off Truck Route. Any motor vehicle weighing 80,000 tons or more, when loaded or empty, having a fixed terminal, making a scheduled or definite stop within the City for the purpose of loading or unloading shall proceed over or upon the designated routes set out in this section to the nearest point of its scheduled or definite stop and shall proceed thereto, load or unload, and return by the most direct route to its point of departure from said designated route.
(Code of Iowa, Sec. 321.473)
9. Employer’s Responsibility. The owner or any other person employing or otherwise directing the driver of any vehicle shall not require or knowingly permit the operation of such vehicle upon a street in any manner contrary to this section.
(Code of Iowa, Sec. 321.473)
Pedestrians shall at all times when walking on or along a street, walk on the left side of the street.
(Code of
No person shall stand in the traveled portion of a street for the purpose of soliciting a ride from the driver of any private vehicle.
(Code of Iowa, Sec. 321.331)
Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
(Code of Iowa, Sec. 321.328)
Upon the following streets and alleys, vehicular traffic, other than permitted cross traffic, shall move only in the indicated direction when appropriate signs are in place.
(Code of Iowa, Sec. 321.236[4])
- Beginning at the intersection of West Sixth and “B” Avenue going north on “B” Avenue one block to West Fifth Street and ending there.
No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the right-hand wheels of the vehicle within 18 inches of the curb or edge of the roadway except as hereinafter provided in the case of angle parking and vehicles parked on the left-hand side of one-way streets.
(Code of
No person shall stand or park a vehicle on the left-hand side of a one-way street other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the left-hand wheels of the vehicle within 18 inches of the curb or edge of the roadway except as hereinafter provided in the case of angle parking.
(Code of Iowa, Sec. 321.361)
Angle or diagonal parking is permitted only in the following locations:
(Code of Iowa, Sec. 321.361)
1. Fourth Street from Second Avenue to “C” Avenue.
2. Fifth Street, on the south side, from Third Avenue to Second Avenue.
3. Fifth Street from Second Avenue to “A” Avenue.
4. Second Avenue, on the west side, from Second Street to Fourth Street.
5. Second Avenue from Fourth Street to Sixth Street.
6. First Avenue from Third Street to Sixth Street.
7. “A” Avenue, on the east side, from Fourth Street to Third Street.
8. Fifteenth Street, on the south side, from “B” Avenue to “A” Avenue.
9. Third Street, on the south side, from First Avenue to Second Avenue.
10. “B” Avenue, on the west side, from Fourteenth Street to Fifteenth Street.
11. “B” Avenue, on the east side, from Fourth Street to a point 150 feet north of Fourth Street.
Park Drive, starting 20 feet west of Ninth Avenue and continuing for 170 feet.
Upon those streets or portions of streets that have been signed or marked for angle parking, no person shall park or stand a vehicle other than at an angle to the curb or edge of the roadway or in the center of the roadway as indicated by such signs and markings. No part of any vehicle or the load thereon, when said vehicle is parked within a diagonal parking district, shall extend into the roadway more than a distance of 16 feet when measured at right angles to the adjacent curb or edge of roadway.
(Code of Iowa, Sec. 321.361)
No person shall park a vehicle upon public property for more than 24 hours, unless otherwise limited under the provisions of this chapter, or for any of the following principal purposes:
(Code of Iowa, Sec. 321.236[1])
1. Sale. Displaying such vehicle for sale.
2. Repairing. For lubricating, repairing or for commercial washing of such vehicle except such repairs as are necessitated by an emergency.
3. Advertising. Displaying advertising.
4. Merchandise Sales. Selling merchandise from such vehicle except in a duly established market place or when so authorized or licensed under this Code of Ordinances.
5. Storage. Storage for more than 24 hours.
No one shall stop, stand, or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or traffic control device, in any of the following places:
1. Crosswalk. On a crosswalk.
(Code of Iowa, Sec. 321.358[5])
2. Center Parkway. On the center parkway or dividing area of any divided street.
(Code of Iowa, Sec. 321.236[1])
3. Mailboxes. Within 20 feet on either side of a mailbox that is so placed and so equipped as to permit the depositing of mail from vehicles on the roadway.
(Code of Iowa, Sec. 321.236[1])
4. Sidewalks. On or across a sidewalk.
(Code of Iowa, Sec. 321.358[1])
5. Driveway. In front of a public or private driveway.
(Code of Iowa, Sec. 321.358[2])
6. Intersection. Within an intersection or within 10 feet of an intersection of any street or alley.
(Code of Iowa, Sec. 321.358[3])
7. Fire Hydrant. Within five feet of a fire hydrant.
(Code of Iowa, Sec. 321.358[4])
8. Stop Sign or Signal. Within 10 feet upon the approach to any flashing beacon, stop or yield sign, or traffic control signal located at the side of a roadway.
(Code of Iowa, Sec. 321.358[6])
9. Railroad Crossing. Within 50 feet of the nearest rail of a railroad crossing, except when parked parallel with such rail and not exhibiting a red light.
(Code of Iowa, Sec. 321.358[8])
10. Fire Station. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance when properly sign posted.
(Code of Iowa, Sec. 321.358[9])
11. Excavations. Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic.
(Code of Iowa, Sec. 321.358[10])
12. Double Parking. On the roadway side of any vehicle stopped or parked at the edge or curb of a street.
(Code of Iowa, Sec. 321.358[11])
13. Hazardous Locations. When, because of restricted visibility or when standing or parked vehicles would constitute a hazard to moving traffic, or when other traffic conditions require, the Council may cause curbs to be painted with a yellow color and erect no parking or standing signs.
(Code of Iowa, Sec. 321.358[13])
14. Churches, Nursing Homes and Other Buildings. A space of 50 feet is hereby reserved at the side of the street in front of any theatre, auditorium, hotel having more than 25 sleeping rooms, hospital, nursing home, taxicab stand, bus depot, church, or other building where large assemblages of people are being held, within which space, when clearly marked as such, no motor vehicle shall be left standing, parked or stopped except in taking on or discharging passengers or freight, and then only for such length of time as is necessary for such purpose.
(Code of Iowa, Sec. 321.360)
15. Alleys. No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than 10 feet of the width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand, or park a vehicle within an alley in such a position as to block the driveway entrance to any abutting property. The provisions of this subsection do not apply to a vehicle parked in any alley that is 18 feet wide or less, provided that said vehicle is parked to deliver goods or services.
(Code of Iowa, Sec. 321.236[1])
16. Ramps. In front of a curb cut or ramp which is located on public or private property in a manner which blocks access to the curb cut or ramp.
(Code of Iowa, Sec. 321.358[15])
17. Area Between Lot Line and Curb Line. That area of the public way not covered by sidewalk and lying between the lot line and the curb line, where curbing has been installed.
18. In More Than One Space. In any designated parking space so that any part of the vehicle occupies more than one such space or protrudes beyond the markings designating such space.
The following regulations shall apply to the establishment and use of persons with disabilities parking spaces:
1. Establishment. Persons with disabilities parking spaces shall be established and designated in accordance with Chapter 321L of the Code of Iowa and Iowa Administrative Code, 661-18. No unauthorized person shall establish any on-street persons with disabilities parking space without first obtaining Council approval.
2. Improper Use. The following uses of a persons with disabilities parking space, located on either public or private property, constitute improper use of a persons with disabilities parking permit, which is a violation of this Code of Ordinances:
(Code of Iowa, Sec. 321L.4[2])
A. Use by an operator of a vehicle not displaying a persons with disabilities parking permit.
B. Use by an operator of a vehicle displaying a persons with disabilities parking permit but not being used by a person issued a permit or being transported in accordance with Section 321L.2[1b] of the Code of Iowa.
C. Use by a vehicle in violation of the rules adopted under Section 321L.8 of the Code of Iowa.
3. Wheelchair Parking Cones. No person shall use or interfere with a wheelchair parking cone in violation of the following:
A. A person issued a persons with disabilities parking permit must comply with the requirements of Section 321L.2A[1] of the Code of Iowa when utilizing a wheelchair parking cone.
B. A person shall not interfere with a wheelchair parking cone that is properly placed under the provisions of Section 321L.2A[1] of the Code of Iowa.
No one shall stop, stand or park a vehicle in any of the following specifically designated no parking zones except when necessary to avoid conflict with other traffic or in compliance with the direction of a peace officer or traffic control signal.
(Code of Iowa, Sec. 321.236[1])
1. “E” Avenue on the east side, from Fifth Street to Sixth Street.
2. “A” Avenue on the west side, from Sixth Street to Fifteenth Street.
3. “K” Avenue (Hwy 218) east and west sides, from the south corporate limits to the north corporate limits.
4. “A” Street on the north and south side, from Eighth Avenue to Riverside Drive.
5. “G” Avenue on the east side, from Ninth Street to Eleventh Street.
6. “C” Avenue on the east and west sides, from Third Street to Hwy. 218.
7. Eighth Avenue on the west side, from “A” Street to Park Drive.
8. “D” Avenue on the west side, from Fourth Street to railroad tracks.
9. Park Drive on the south side, from 190 feet west of Ninth Avenue to Eighth Avenue.
10. Ninth Avenue on the east side, from Fourth Street to Golf View Drive.
11. Ninth Avenue on the west side, from Third Street to Fourth Street.
12. Fourteenth Avenue on the west side, from Circle Drive to Fourth Street.
13. Second Street on the north side from First Avenue to Second Avenue, and on the South Side from “A” Avenue to Second Avenue.
14. Third Street on the north and south sides, from First Avenue to “K” Avenue (Hwy 218).
15. Third Street on the north and south sides, from Seventh Avenue to the West one-half block.
16. Fourth Street from Fourteenth Avenue, to the west 50 feet on the north side and to Eleventh Avenue on the south side.
17. Fourth Street on the north and south sides, from Third Avenue to Eighth Avenue.
18. Fourth Street on the north and south sides, from “C” Avenue to “K” Avenue (Hwy 218).
19. Fifth Street on the south side, from “E” Avenue to “C” Avenue.
20. Fifth Street on the south side, from Third Avenue to one-half block west.
21. Fifth Street on the north and south sides, from “C” Avenue to “B” Avenue.
22. Sixth Street on the south side, from “C” Avenue to “F” Avenue.
23. Ninth Street on the south side, from “G” Avenue to “I” Avenue.
24. Tenth Street on the north side, from “C” Avenue to “G” Avenue.
25. Thirteenth Street on the north and south sides, from Second Avenue to “C” Avenue
26. Thirteenth Street on the north side, from “C” Avenue to “K” Avenue.
27. Fifteenth Street on the south side, from “C” Avenue to “B” Avenue.
28. “D” Street on the north side, from “K” Avenue to corporate limit.
29. Second Avenue on the east side, from the paved intersection with E. Third Street south 40 feet.
30. Third Street on the south side, from Second Avenue to Third Avenue.
31. “C” Avenue on the west side from Third Street to the north one-half block.
32. “D” Avenue on the east side, from Eighth Street to Tenth Street.
33. Eleventh Street on the south side, from “C” Avenue to “D” Avenue.
34. Second Avenue on the west side, from Thirteenth Street south to Washington Drive.
35. Sixth Street on the north side, from paved intersection with “C” Avenue 34 feet west (No Parking Here To Corner).
36. First Street on the north and south sides from “R” Avenue to “K” Avenue.
37. “R” Avenue on the east side from First Street north 570 feet (No Parking Here To Corner.)
38. “R” Avenue on the east side from First Street south 100 feet (No Parking Here To Corner).
39. Sixth Street on the north side, from “A” Avenue to “B” Avenue.
40. “A” Avenue on the east side, south 66 feet between Fourteenth Street and Fifteenth Street (No Parking Here to Corner).
41. Ninth Avenue on the west side, first 80 feet south of Park Drive.
42. W Fourth Street 33 foot right-of-way westerly extension beginning at “O” Avenue on the north and south sides (being part of Block Two (2) Fronings First Addition, including parcels A and B.
43. Eighth Street on the north side, from “C” Avenue 45 feet west.
44. Eighth Street on the south side, from “C” Avenue 45 feet east.
45. Fifteenth Street on the south side of the street from “A” Avenue to “C” Avenue (School Bus Parking Only During School Hours).
46. East side of First Avenue from Seventh Street to Thirteenth Street until such time as Second Avenue Brick Project between Seventh Street and Ninth Street is complete.
47. North and south sides of Twenty-First Street from Second Avenue to “C” Avenue.
48. “G” Avenue, from the north end of the concrete curb on the west side of “G” Avenue near the intersection with West First Street, 25 feet north.
49. East and west sides of Second Avenue south from Twenty-First Street for 850 feet.
50. Viking Drive on the west side.
51. Blue Jay Avenue on the west side.
52. Homecoming Court on the north side.
53. Thirteenth Street on the north and south sides from Fourth Avenue to Sixth Avenue between the hours of 7am to 4pm.
No one shall stop, stand, or park a vehicle in any of the following specifically designated loading zones except for the purpose of loading and unloading in the Business District defined in Section 60.02(1) of this Code of Ordinances:
1. Barnes Furniture - a 25-foot loading zone north of a starting point 18 feet north of the NE corner of First Ave and E. Fifth Street.
2. Michael & Dowd Furniture - a 28-foot loading zone north of a starting point 47 feet north of the alley (edge of building) on the east side of First Avenue, between E. Fourth Street and E. Fifth Street.
3. Nick’s TV & Appliances and Laundromat - a 44-foot loading zone north of a point starting 26 feet north of the alley (south edge of building) on the east side of “A” Avenue, between W. Fourth Street and W. Fifth Street.
4. Nature’s Corner – a 44-foot long loading zone north of a starting point of the south edge of the building on “A” Avenue between West Third Street and West Fourth Street, on the west side.
No person, except physicians or other persons on emergency calls, shall park a vehicle on any of the following named streets between the hours of 2:30 a.m. and 5:00 a.m. of any day.
(Code of Iowa, Sec. 321.236[1])
1. Fourth Street from “C” Avenue to Third Avenue.
2. Fifth Street from “C” Avenue to Third Avenue.
3. “A” Avenue from Third Street to Seventh Street.
4. First Avenue from Third Street to Sixth Street.
5. Second Avenue from Third Street to Seventh Street.
6. Sixth Street from “C” Avenue to “B” Avenue.
7. Sixth Street from “B” Avenue to “A” Avenue on the South Side.
8. Sixth Street from “A” Avenue to Fourth Avenue.
No person shall park a motor truck, truck tractor with or without trailer attached, semi-trailer, camper or motor home, or other motor vehicle with trailer attached in violation of the following regulations. The provisions of this section shall not apply to pickup, light delivery or panel delivery trucks; or permitted emergency or temporary parking in Section 165.21(6)(F)(1) for travel trailers, campers and motor homes.
(Code of Iowa, Sec. 321.236[1])
1. Business District. Excepting only when such vehicles are actually engaged in the delivery or receiving of merchandise or cargo within the prohibited area, no person shall park or leave unattended such vehicle on any streets in the business or residential districts having a roadway of less than 26 feet in width, and no person shall park or leave unattended such vehicle on any of the other streets in the business or residential districts for a continuous period of more than two hours. When actually receiving or delivering merchandise or cargo such vehicle shall be stopped or parked in a manner which will not interfere with other traffic.
2. Noise. No such vehicle shall be left standing or parked upon any street, alley, public or private parking lot in a residential district between the hours of 9:00 p.m. and 7:00 a.m. with the engine, auxiliary engine, air compressor, refrigerating equipment or other device in operation giving off audible sounds.
3. Livestock. No such vehicle containing livestock shall be parked on any street, alley or highway for a period of time of more than 30 minutes.
1. Parking Limited to 30 Minutes. It is unlawful to park any vehicle for a continuous period of more than 30 minutes on any weekday on Second Avenue, on the east side, between East Fifth Street and East Sixth Street, in the two spaces in front of the walkway into the library.
2. Parking Limited to Two Hours. It is unlawful to park any vehicle for a continuous period of more than two hours on any weekday between the hours of 9:00 a.m. and 5:00 p.m. on Second Avenue, on the east side, from Fifth Street, south one-half block.
3. Parking Limited in McDowell’s Lumber Area. It is unlawful to park any vehicle on Third Avenue, on the east side, from Fourth Street to Fifth Street, between the hours of 7:00 a.m. and 6:00 p.m., except Sundays.
4. Parking for Police Only. It is unlawful to park any vehicle except police or emergency vehicles on “A” Avenue, on the east side, between W. Fourth Street and W. Third Street, in the first three spaces north of the alley.
No person shall park, abandon or leave unattended any vehicle on any public street, alley, or City-owned off-street parking area during snow removal operations unless the snow has been removed or plowed from said street, alley or parking area and the snow has ceased to fall.
(Code of Iowa, 321.236[1])
No person shall stop, stand or park any vehicle, except authorized emergency vehicles, on any private road or driveway which has been designated as a fire lane.
(Code of Iowa, Sec. 321.236)
Parking restrictions on controlled access facilities are as specified in Chapter 140 of this Code of Ordinances.
Whenever a peace officer has reasonable cause to believe that a person has violated any provision of the Traffic Code, such officer may:
- Immediate Arrest. Immediately arrest such person and take such person before a local magistrate; or
- Issue Citation. Without arresting the person, prepare in quintuplicate a combined traffic citation and complaint as adopted by the Iowa Commissioner of Public Safety, or issue a uniform citation and complaint utilizing a State-approved computerized device.
(Code of Iowa, Sec. 805.6 & 321.485)
For violations of the Traffic Code that are designated by Section 805.8A of the Code of Iowa to be scheduled violations, the scheduled fine for each of those violations shall be as specified in Section 805.8A of the Code of Iowa.
(Code of Iowa, Sec. 805.8 & 805.8A)
Uncontested violations of parking restrictions imposed by this Code of Ordinances shall be charged upon a simple notice of a fine payable at the office of the City Clerk. The fine for each violation charged under a simple notice of a fine shall be in the amount of $20.00 for all violations except improper use of a persons with disabilities parking permit. If such fine is not paid within 30 days, it shall be increased by $5.00. The fine for improper use of a persons with disabilities parking permit is $100.00.
(Code of Iowa, Sec. 321.236[1b] & 321L.4[2])
When a vehicle is parked in violation of any provision of the Traffic Code, and the driver is not present, the notice of fine or citation as herein provided shall be attached to the vehicle in a conspicuous place.
In any proceeding charging a standing or parking violation, a prima facie presumption that the registered owner was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred shall be raised by proof that:
1. Described Vehicle. The particular vehicle described in the information was parked in violation of the Traffic Code; and
2. Registered Owner. The defendant named in the information was the registered owner at the time in question.
A peace officer is hereby authorized to remove, or cause to be removed, a vehicle from a street, public alley, public parking lot or highway to the nearest garage or other place of safety, or to a garage designated or maintained by the City, under the circumstances hereinafter enumerated:
1. Disabled Vehicle. When a vehicle is so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal.
(Code of Iowa, Sec. 321.236[1])
2. Illegally Parked Vehicle. When any vehicle is left unattended and is so illegally parked as to constitute a definite hazard or obstruction to the normal movement of traffic.
(Code of Iowa, Sec. 321.236[1])
3. Snow Removal. When any vehicle is left parked in violation of a ban on parking during snow removal operations.
4. Parked Over Limited Time Period. When any vehicle is left parked for a continuous period in violation of any limited parking time. If the owner can be located, the owner shall be given an opportunity to remove the vehicle.
(Code of Iowa, Sec. 321.236[1])
5. Costs. In addition to the standard penalties provided, the owner or driver of any vehicle impounded for the violation of any of the provisions of this chapter shall be required to pay the reasonable cost of towing and storage.
(Code of Iowa, Sec. 321.236[1])
The purpose of this chapter is to regulate the operation of all-terrain vehicles and snowmobiles within the City.
For use in this chapter the following terms are defined:
1. “All-terrain vehicle” or “ATV” means a motorized vehicle, with not less than three and not more than six non-highway tires, that is limited in engine displacement to less than 1,000 cubic centimeters and in total dry weight to less than 1,200 pounds and that has a seat or saddle designed to be straddled by the operator and handlebars for steering control.
(Code of Iowa, Sec. 321I.1)
2. “Off-road motorcycle” means a two-wheeled motor vehicle that has a seat or saddle designed to be straddled by the operator and handlebars for steering control and that is intended by the manufacturer for use on natural terrain. “Off-road motorcycle” includes a motorcycle that was originally issued a certificate of title and registered for highway use under Chapter 321 of the Code of Iowa, but which contains design features that enable operation over natural terrain. An operator of an off-road motorcycle is also subject to the provisions of this chapter governing the operation of all-terrain vehicles.
(Code of Iowa, Sec. 321I.1)
3. “Off-road utility vehicle” means a motorized vehicle, with not less than four and not more than eight non-highway tires or rubberized tracks, that has a seat that is of bucket or bench design, not intended to be straddled by the operator, and a steering wheel or control levers for control. “Off-road utility vehicle” includes the following vehicles:
(Code of Iowa, Sec. 321I.1)
A. “Off-road utility vehicle – type 1” includes vehicles with a total dry weight of 1,200 pounds or less and a width of 50 inches or less.
B. “Off-road utility vehicle – type 2” includes vehicles, other than type 1 vehicles, with a total dry weight of 2,000 pounds or less and a width of 65 inches or less.
C. “Off-road utility vehicle – type 3” includes vehicles with a total dry weight of more than 2,000 pounds or a width of more than 65 inches, or both.
An operator of an off-road utility vehicle is also subject to the provisions of this chapter governing the operation of all-terrain vehicles.
4. “Snowmobile” means a motorized vehicle that weighs less than 1,000 pounds, that uses sled-type runners or skis, endless belt-type tread with a width of 48 inches or less, or any combination of runners, skis, or tread, and is designed for travel on snow or ice. “Snowmobile” does not include an all-terrain vehicle that has been altered or equipped with runners, skis, belt-type tracks, or treads.
(Code of Iowa, Sec. 321G.1)
No person shall operate an ATV, off-road motorcycle or off-road utility vehicle within the City in violation of Chapter 321I of the Code of Iowa or a snowmobile within the City in violation of the provisions of Chapter 321G of the Code of Iowa or in violation of rules established by the Natural Resource Commission of the Department of Natural Resources governing their registration, equipment and manner of operation.
(Code of Iowa, Ch. 321G & Ch. 321I)
The operators of snowmobiles shall comply with the following restrictions as to where snowmobiles may be operated within the City:
1. Streets. Snowmobiles shall be operated only upon streets that have not been plowed during the snow season and on such other streets as may be designated by resolution of the Council. They may only be operated on any street within the City for the sole and exclusive purpose of using the most direct roadway for the ingress to and egress from the City. No snowmobile shall be driven on any roadway solely for entertainment or pleasure. Snowmobiles will be operated on the far right of the road, at speeds not greater than 20 MPH and in a manner consistent with safe operation.
(Code of Iowa, Sec. 321G.9[4a])
The operators of ATVs shall comply with the following restrictions as to where ATVs may be operated within the City:
1. Streets. ATVs may be operated on streets only in accordance with Section 321.234A of
the Code of Iowa or on such streets as may be designated by resolution of the Council for the operation of registered ATVs. They may only be operated on any street within the City for the sole and exclusive purpose of using the most direct roadway for the ingress to and egress from the City. No ATV shall be driven on any roadway solely for entertainment or pleasure. In designating such streets, the Council may authorize ATVs to stop at service stations or convenience stores along a designated street.
(Code of Iowa, Sec. 321I.10[1 & 3])
The owner and operator of an ATV or snowmobile are liable for any injury or damage occasioned by the negligent operation of the ATV or snowmobile. The owner of an ATV or snowmobile shall be liable for any such injury or damage only if the owner was the operator of the ATV or snowmobile at the time the injury or damage occurred or if the operator had the owner’s consent to operate the ATV or snowmobile at the time the injury or damage occurred.
(Code of Iowa, Sec. 321G.18 & 321I.19)
Whenever an ATV or snowmobile is involved in an accident resulting in injury or death to anyone or property damage amounting to $1,500.00 or more, either the operator or someone acting for the operator shall immediately notify a law enforcement officer and shall file an accident report, in accordance with State law.
(Code of Iowa, Sec. 321G.10 & 321I.11)
The purpose of Chapter 75A is to regulate and authorize the operation of Utility
Vehicles (UTVs) on certain city streets within the City of Vinton as authorized and pursuant to Section
321.234A and Chapter 321I of the Code of Iowa.
For use in this chapter the following terms are defined:
1. “Utility Vehicle” a recreational used for transportation persons which is either electric or gas powered and meets the American National Standard ANSI/OPEI B71.9-2016. For the purposes of this section a Utility Vehicle shall not include any vehicle that is a utility vehicle as that term is defined in Chapter 78 of this Code of Ordinances.
2. “Operate” means to ride in or on, other than as a passenger, use or control the operation of the utility vehicle in any manner, whether or not the utility vehicle is moving.
3. “Child” means a person under the age of 18 years old.
4. “Operator” means a person with a valid driver’s license and who operates or is in actual physical control of the utility vehicle.
5. “Roadway” means the portion of a highway improved, designed or ordinarily used for vehicle travel.
6. “Street or highway” means the entire width between the lines of every right-of-way or place of whatever nature, when any part thereof is open to the public for use as a matter of right, for the purpose of vehicular travel.
No person shall operate a Utility Vehicle except as hereinafter provided.
Utility Vehicles operators shall observe all State and Local traffic control regulations and devices.
A person desiring to operate a utility vehicle in the City of Vinton, Iowa, pursuant to the conditions of this section shall first obtain, via an application submitted at the City Clerk’s Office, a permit to allow such operation. The unit will be inspected annually by the Vinton Police Department for operational safety. The fee for the permit shall be $25.00 and shall be issued by the City Administrator or the Chief of Police, provided the applicant satisfies the applicable conditions of this section and such other requirements as said City officials and/or the City Council may from time to time reasonably impose. A copy of the permit shall be carried by the operator named in the permit while operating a utility vehicle. A permit may be issued for any or all of the following purposes:
A. Going to and from places of employment;
B. Going to and from personal or business properties;
C. Gardening/lawn work;
D. Individuals having handicapped parking privileges authorized by the Iowa Department of Transportation (DOT); and
E. Special events authorized by the City Council.
The permit is good for one calendar year within which it is issued and shall be renewed annually. The date of renewal will be January 1 of every year. The period will end on December 31 of every year.
The annual renewal will include a sticker that will be placed on the rear of the utility vehicle in a conspicuous location.
As part of the permit process, the owner of the utility vehicle must maintain and provide current proof of financial responsibility in accordance with section 321.20B of the Iowa Code. The owner and operator of a utility vehicle are liable for any injury or damage
occasioned by the negligent operation of that utility vehicle. The proof of insurance must be with the utility vehicle whenever said utility vehicle is in operation.
All Utility Vehicles shall be equipped with the following:
1. Adequate brakes.
2. Factory installed seat belts.
3. Any other safety equipment such as factory headlights which must be required for utility vehicles by Chapter 321.234A and 321.I10 of the Code of Iowa.
The following regulations apply to the operation of a Utility Vehicle within the City of Vinton.
1. Any operator of a utility vehicle must have a valid driver’s license.
2. All riders in the utility vehicle must remain seated at all times.
3. At no time shall the driver of a utility vehicle hold any additional passenger(s) on their lap or between their legs.
4. No more than the number of people allowed per the manufacturer’s specifications will be allowed to ride in the the front seat or back seat of a utility vehicle, if said seat exists. While in operation any rider must be seated on the seat and no part of the body of any rider will extend beyond the sides of the utility vehicle.
Utility Vehicles may be operated on City streets during the following times:
1. There will be no restrictions on the operation times of these vehicles that contain factory headlights or other lights authorized through inspection.
For use in this chapter the following terms are defined:
1. No Utility Vehicles shall be operated upon the public sidewalk, nor shall they be operated upon the portion of the street located between the curb line and sidewalk or property line, referred to as the “parking” except for the purpose of crossing the same to a public street upon which operation is authorized by this chapter.
A Utility Vehicle shall not be operated upon a City Street;
1. Which is a primary road extension (this prohibition shall include Highway 218 and Highway 150) through the City, but shall be allowed to directly cross a City street that is a primary road extension though the City.
No person shall operate a utility vehicle in a careless, reckless or negligent manner, cause unnecessary tire squealing or skidding, simulate a temporary race, cause a wheel to unnecessarily lose contact with the ground, cause the utility vehicle to unnecessarily turn abruptly or sway, so as to endanger the person or property of another or to cause injury or damage thereto.
No person shall operate a utility vehicle while under the influence of intoxicating liquor or narcotics or habit forming drugs.
No item shall be towed by a utility vehicle, unless the vehicle manufacturer specifications allow for towing.
No utility vehicle shall be operated upon private property without the express consent of the owner thereof.
These regulations shall apply whenever a bicycle is operated upon any street or upon any public path set aside for the exclusive use of bicycles, subject to those exceptions stated herein.
(Code of
Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of the State declaring rules of the road applicable to vehicles or by the Traffic Code of the City applicable to the driver of a vehicle, except as to those provisions that by their nature can have no application. Whenever such person dismounts from a bicycle, the person shall be subject to all regulations applicable to pedestrians.
(Code of Iowa, Sec. 321.234)
A person propelling a bicycle shall not ride other than astride a permanent and regular seat attached thereto. No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
(Code of Iowa, Sec. 321.234[3 and 4])
Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. All bicycles ridden on the roadway shall be kept to the right and shall be operated as near as practicable to the right-hand edge of the roadway.
(Code of Iowa, Sec. 321.236[10])
No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing.
(Code of Iowa, Sec. 321.236[10])
The operator of a bicycle emerging from an alley, driveway or building shall, upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right-of-way to all pedestrians approaching on said sidewalk or sidewalk area, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway.
(Code of Iowa, Sec. 321.236[10])
No person operating a bicycle shall carry any package, bundle or article that prevents the rider from keeping at least one hand upon the handlebars.
(Code of Iowa, Sec. 321.236[10])
. The following provisions apply to riding bicycles on sidewalks:
1. Business District. No person shall ride a bicycle upon a sidewalk within the Business District, as defined in Section 60.02(1) of this Code of Ordinances.
(Code of Iowa, Sec. 321.236[10])
2. Other Locations. When signs are erected on any sidewalk or roadway prohibiting the riding of bicycles thereon by any person, no person shall disobey the signs.
(Code of Iowa, Sec. 321.236[10])
3. Yield Right-of-Way. Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing.
(Code of Iowa, Sec. 321.236[10])
It is unlawful for any person riding a bicycle to be towed or to tow any other vehicle upon the streets of the City unless the vehicle is manufactured for such use.
No person shall ride a bicycle in an irregular or reckless manner such as zigzagging, stunting, speeding, or otherwise so as to disregard the safety of the operator or others.
No person shall park a bicycle upon a street other than upon the roadway against the curb or upon the sidewalk in a rack to support the bicycle or against a building or at the curb, in such a manner as to afford the least obstruction to pedestrian traffic.
(Code of Iowa, Sec. 321.236[10])
Every person riding a bicycle shall be responsible for providing and using equipment as provided herein:
1. Lamps Required. Every bicycle when in use at nighttime shall be equipped with a lamp on the front emitting a white light visible from a distance of at least 300 feet to the front and with a lamp on the rear exhibiting a red light visible from a distance of 300 feet to the rear, except that a red reflector on the rear, of a type that is visible from all distances from 50 feet to 300 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle, may be used in lieu of a rear light.
(Code of Iowa, Sec. 321.397)
2. Brakes Required. Every bicycle shall be equipped with a brake that will enable the operator to make the braked wheel skid on dry, level, clean pavement.
(Code of Iowa, Sec. 321.236[10])
The scheduled fine for bicyclists violating these regulations is $15.00.
Any person violating the provisions of this chapter may, in lieu of the scheduled fine for bicyclists or standard penalty provided for violations of this Code of Ordinances, allow the person’s bicycle to be impounded by the City for not less than five days for the first offense, 10 days for a second offense and 30 days for a third offense.
For use in this chapter, the following terms are defined:
- “Roller skates” means skates with wheels instead of a runner.
- “Scooter” means a device having two wheels and a low footboard which is steered by a handlebar and is propelled by pushing one foot against the ground while resting the other on the footboard.
- “Skateboard” means a device consisting of a short oblong piece of wood, plastic or aluminum mounted on large roller skate wheels used for riding upon while standing.
No person shall ride or operate any scooter, skateboard or roller skates upon the sidewalks and streets within the Business District as defined in Section 60.02(1) of this Code of Ordinances or in any public park.
Whenever any person is using a scooter, skateboard or roller skates on any other sidewalk, such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.
Whenever any person is using a scooter, skateboard or roller skates on any other street, such person shall:
1. Observe all traffic control devices and be subject to all the duties applicable to the use of vehicles as required by statute or ordinance.
2. Stay as near to the right-hand side of the roadway as possible, exercising due care when passing a standing vehicle or one proceeding in the same direction.
For use in this chapter the following terms are defined:
- “Golf cart” means a three- or four-wheeled recreational vehicle used for transportation of persons in the sport of golf and which is either electric powered or gas powered and which meets the American National Standard ANSI/ILTVA Z130.1-2012. For the purpose of this section, a golf cart shall not include any vehicle that is an all-terrain vehicle, off-road utility vehicle, or snowmobile, as those terms are defined in Section 75.02 of this Code of Ordinances.
- “Operate” means to ride in or on, other than as a passenger, use or control the operation of the golf cart in any manner, whether or not the golf cart is moving.
- “Operator” means a person with a valid driver’s license controlling the operation of the golf cart from the operator’s seat.
- “Street or highway” means the portion of a public street or highway between the curbs designed or ordinarily used for vehicle travel.
The following regulations apply to the operation of a golf cart within the City.
1. Any operator of a golf cart must have a valid driver’s license.
2. All riders in the golf cart must remain seated at all times.
3. At no time shall the operator of a golf cart hold any additional passenger on his or her lap or between his or her legs.
4. No more than three people may ride in the front seat of a golf cart and no more than two people may ride in the back seat of a golf cart, if said seat exists. While in operation, any rider must be seated on the seat and no part of the body of any rider will extend beyond the sides of the cart.
Golf carts operated on City streets shall be equipped with adequate brakes, a slow moving vehicle sign, bicycle safety flag, and such other safety equipment required by Chapter 321 of the Code of Iowa.
Golf carts may be operated on City streets only between sunrise and sunset.
A person desiring to operate a golf cart in the City, pursuant to the conditions of this section, shall first obtain, via an application submitted at the City Clerk’s office, a permit to allow such operation. The fee for the permit shall be $5.00 and shall be issued by the City Administrator or the Police Chief, provided the applicant satisfies the applicable conditions of this section and such other requirements as said City officials and/or the City Council may from time to time reasonably impose. The permit shall be affixed to the rear of the golf cart.
As part of the permit process, the owner of the golf cart must maintain and provide current proof of financial responsibility in accordance with Section 321.20B of the Code of Iowa. The owner and operator of a golf cart are liable for any injury or damage occasioned by the negligent operation of that golf cart. The proof of insurance must be with the golf cart whenever said golf cart is in operation.
. A golf cart may be operated on all City streets with the following exceptions:
1. A street which is a primary road extension (this prohibition shall include Highway 218 and Highway 150) through the City, but shall be allowed to directly cross a City street that is a primary road extension through the City.
2. East Fourth Street from Third Avenue to Ninth Avenue (the Boulevard), but shall be allowed to directly cross that street.
No person shall operate a golf cart in a careless, reckless or negligent manner, cause unnecessary tire squealing or skidding, simulate a temporary race, cause a wheel to unnecessarily lose contact with the ground, cause the golf cart to unnecessarily turn abruptly or sway, so as to endanger the person or property of another or cause injury or damage thereto.
No person shall operate a golf cart while under the influence of intoxicating liquor or narcotics or habit forming drugs.
No item shall be towed by a golf cart.
No golf cart shall be operated upon private property without the express consent of the owner thereof.
For use in this chapter, the following terms are defined:
(Code of Iowa, Sec. 321.89[1] & Sec. 321.90)
- “Abandoned vehicle” means any of the following:
- A vehicle that has been left unattended on public property for more than 24 hours and lacks current registration plates or two or more wheels or other parts which renders the vehicle totally inoperable.
- A vehicle that has remained illegally on public property for more than 24 hours.
- A vehicle that has been unlawfully parked or placed on private property without the consent of the owner or person in control of the property for more than 24 hours.
- A vehicle that has been legally impounded by order of a police authority and has not been reclaimed for a period of 10 days. However, a police authority may declare the vehicle abandoned within the 10-day period by commencing the notification process.
- Any vehicle parked on the highway determined by a police authority to create a hazard to other vehicle traffic.
- A vehicle that has been impounded pursuant to Section 321J.4B of the Code of Iowa by order of the court and whose owner has not paid the impoundment fees after notification by the person or agency responsible for carrying out the impoundment order.
- “Demolisher” means a person licensed under Chapter 321H of the Code of Iowa whose business it is to convert a vehicle to junk, processed scrap or scrap metal, or otherwise to wreck, or dismantle vehicles.
- “Garage keeper” means any operator of a parking place or establishment, motor vehicle storage facility, or establishment for the servicing, repair, or maintenance of motor vehicles.
- “Police authority” means the Iowa State Patrol or any law enforcement agency of a county or city.
A police authority, upon the authority’s own initiative or upon the request of any other authority having the duties of control of highways or traffic, shall take into custody an abandoned vehicle on public property and may take into custody any abandoned vehicle on private property. The police authority may employ its own personnel, equipment, and facilities or hire a private entity, equipment, and facilities for the purpose of removing, preserving, storing, or disposing of abandoned vehicles. A property owner or other person in control of private property may employ a private entity that is a garage keeper to dispose of an abandoned vehicle, and the private entity may take into custody the abandoned vehicle without a police authority’s initiative. If a police authority employs a private entity to dispose of abandoned vehicles, the police authority shall provide the private entity with the names and addresses of the registered owners, all lienholders of record, and any other known claimant to the vehicle or the personal property found in the vehicle.
(Code of Iowa, Sec. 321.89[2])
1. A police authority or private entity that takes into custody an abandoned vehicle shall send notice by certified mail that the vehicle has been taken into custody no more than 20 days after taking custody of the vehicle. Notice shall be sent to the last known address of record of the last known registered owner of the vehicle, all lienholders of record, and any other known claimant to the vehicle.
2. Notice shall be deemed given when mailed. The notice shall include all of the following:
A. A description of the year, make, model, and vehicle identification number of the vehicle.
B. The location of the facility where the vehicle is being held.
C. Information for the persons receiving the notice of their right to reclaim the vehicle and personal property contained therein within 10 days after the effective date of the notice. Persons may reclaim the vehicle or personal property upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody and upon payment of the costs of the notice required pursuant to this section.
D. A statement that failure of the owner, lienholders, or claimants to exercise their right to reclaim the vehicle or personal property within the time provided shall be deemed a waiver by the owner, lienholders, and claimants of all right, title, claim, and interest in the vehicle or personal property.
E. A statement that failure to reclaim the vehicle or personal property is deemed consent for the police authority or private entity to sell the vehicle at a public auction or dispose of the vehicle to a demolisher and to dispose of the personal property by sale or destruction.
3. If the abandoned vehicle was taken into custody by a private entity without a police authority’s initiative, the notice shall state that the private entity may claim a garage keeper’s lien as described in Section 321.90, Subsection 1, of the Code of Iowa, and may proceed to sell or dispose of the vehicle.
4. If the abandoned vehicle was taken into custody by a police authority or by a private entity hired by a police authority, the notice shall state that any person claiming rightful possession of the vehicle or personal property who disputes the planned disposition of the vehicle or personal property by the police authority or private entity or of the assessment of fees and charges provided by this section may ask for an evidentiary hearing before the police authority to contest those matters.
5. If the persons receiving notice do not ask for a hearing or exercise their right to reclaim the vehicle or personal property within the 10-day reclaiming period, the owner, lienholders, or claimants shall no longer have any right, title, claim, or interest in or to the vehicle or the personal property.
6. A court in any case in law or equity shall not recognize any right, title, claim, or interest of the owner, lienholders, or claimants after the expiration of the 10-day reclaiming period.
7. If it is impossible to determine with reasonable certainty the identities and addresses of the last registered owner and all lienholders, notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned shall be sufficient to meet all requirements of notice under Subsection 2 of this section. The published notice may contain multiple listings of abandoned vehicles but shall be published within the same time requirements and contain the same information as prescribed for mailed notice in Subsection 2 of this section.
(Code of Iowa, Sec. 321.89[3])
Prior to driving an abandoned vehicle away from the premises, a person who received or who is reclaiming the vehicle on behalf of a person who received notice under Section 80.03 shall present to the police authority or private entity, as applicable, the person’s valid driver’s license and proof of financial liability coverage as provided in Section 321.20B of the Code of Iowa.
(Code of Iowa, Sec. 321.89[3a])
The owner, lienholder, or claimant shall pay $3.00 if claimed within five days of impounding, plus $1.00 for each additional day within the reclaiming period plus towing charges, if stored by the City, or towing and storage fees, if stored in a public garage, whereupon said vehicle shall be released. The amount of towing charges, and the rate of storage charges by privately owned garages, shall be established by such facility.
(Code of Iowa, Sec. 321.89[3a])
If an abandoned vehicle has not been reclaimed as provided herein, the police authority or private entity shall make a determination as to whether or not the motor vehicle should be sold for use upon the highways, and shall dispose of the motor vehicle in accordance with State law.
(Code of Iowa, Sec. 321.89[4])
The City or any person upon whose property or in whose possession is found any abandoned motor vehicle, or any person being the owner of a motor vehicle whose title certificate is faulty, lost or destroyed, may dispose of such motor vehicle to a demolisher for junk, without a title and without notification procedures, if such motor vehicle lacks an engine or two or more wheels or other structural part which renders the vehicle totally inoperable. The police authority shall give the applicant a certificate of authority. The applicant shall then apply to the County Treasurer for a junking certificate and shall surrender the certificate of authority in lieu of the certificate of title.
(Code of Iowa, Sec. 321.90[2e])
Proceeds from the sale of any abandoned vehicle shall be applied to the expense of auction, cost of towing, preserving, storing, and notification required, in accordance with State law. Any balance shall be held for the owner of the motor vehicle or entitled lienholder for 90 days, and then shall be deposited in the State Road Use Tax Fund. Where the sale of any vehicle fails to realize the amount necessary to meet costs the police authority shall apply for reimbursement from the Department of Transportation.
(Code of Iowa, Sec. 321.89[4])
Any demolisher who purchases or otherwise acquires an abandoned motor vehicle for junk shall junk, scrap, wreck, dismantle, or otherwise demolish such motor vehicle. A demolisher shall not junk, scrap, wreck, dismantle, or demolish a vehicle until the demolisher has obtained the junking certificate issued for the vehicle.
(Code of
Iowa
, Sec. 321.90[3a])
For use in this chapter, the following terms are defined:
- “Operator” means any individual, partnership, corporation or other association that owns, operates, drives, or controls a railroad train.
- “Railroad train” means an engine or locomotive, with or without cars coupled thereto, operated upon rails.
(Code of Iowa, Sec. 321.1)
Operators shall not operate any train in such a manner as to prevent vehicular use of any highway, street or alley for a period of time in excess of 10 minutes except:
(Code of Iowa, Sec. 327G.32)
1. Comply with Signals. When necessary to comply with signals affecting the safety of the movement of trains.
2. Avoid Striking. When necessary to avoid striking any object or person on the track.
3. Disabled. When the train is disabled.
4. Safety Regulations. When necessary to comply with governmental safety regulations including, but not limited to, speed ordinances and speed regulations.
5. In Motion. When the train is in motion except while engaged in switching operations.
6. No Traffic. When there is no vehicular traffic waiting to use the crossing.
An employee is not guilty of a violation of this section if the employee’s action was necessary to comply with the direct order or instructions of a railroad corporation or its supervisors. Guilt is then with the railroad corporation.
Operators shall construct and maintain good, sufficient, and safe crossings over any street traversed by their rails.
(Bourett vs. Chicago & N.W. Ry. 152 Iowa 579, 132 N.W. 973 [1943])
(Code of Iowa, Sec. 364.11)
The following terms are defined for use in the chapters in this Code of Ordinances pertaining to the Water Service System:
- “Combined service account” means a customer service account for the provision of two or more utility services.
- “Containment” is a method of backflow prevention which requires a backflow prevention assembly on certain water services. Containment requires that the backflow prevention assembly be installed on the water service as close to the public water supply main as is practical.
- “Customer” means, in addition to any person receiving water service from the City, the owner of the property served, and as between such parties the duties, responsibilities, liabilities and obligations hereinafter imposed shall be joint and several.
- “Superintendent” means the Superintendent of the City water system or any duly authorized assistant, agent or representative.
- “Water main” means a water supply pipe provided for public or community use.
- “Water service pipe” means the pipe from the water main to the building served.
- “Water system” or “water works” means all public facilities for securing, collecting, storing, pumping, treating, and distributing water.
The Superintendent shall supervise the installation of water service pipes and their connection to the water main and enforce all regulations pertaining to water services in the City in accordance with this chapter. This chapter shall apply to all replacements of existing water service pipes as well as to new ones. The Superintendent shall make such rules, not in conflict with the provisions of this chapter, as may be needed for the detailed operation of the water system, subject to the approval of the Council. In the event of an emergency the Superintendent may make temporary rules for the protection of the system until due consideration by the Council may be had.
(Code of Iowa, Sec. 372.13[4])
All residences and business establishments within the City limits intended or used for human habitation, occupancy or use shall be connected to the public water system, if it is reasonably available and if the building is not furnished with pure and wholesome water from some other source.
Cross-connection control shall be provided in accordance with the provisions of this section.
1. Proposed Water Service. No person shall install, or cause to have installed, a water service to a building, property or private water system if it is found that contamination or pollution of the public water supply could occur unless the water service is protected by an approved backflow prevention assembly for containment. The Superintendent shall review plans and other information to determine if cross connections will exist and the degree of hazard. The customer shall install, or cause to have installed, an approved assembly as directed by the Superintendent before water service is initiated. Reconstruction of an existing water service shall be treated as a proposed water service for the purposes of this section.
2. Existing Water Services. The standards used to determine the degree of hazard for a water service shall be consistent with standards published by the Iowa Department of Public Health. If the Superintendent determines that a water service may contaminate the public water supply, the Superintendent shall require that the customer install the appropriate backflow prevention assembly for containment. If a customer refuses to install a backflow prevention assembly when required, the Superintendent may order that water service to the customer be discontinued until an appropriate backflow prevention assembly is installed.
When an existing water service is abandoned or a service is renewed with a new tap in the main, all abandoned connections with the mains shall be turned off at the corporation stop and made absolutely watertight.
Before any person makes a connection with the public water system, a written permit must be obtained from the City. The application for the permit shall include a legal description of the property, the name of the property owner, the name and address of the person who will do the work, and the general uses of the water. If the proposed work meets all the requirements of this chapter and if all fees required under this chapter have been paid, the permit shall be issued. Work under any permit must be completed within 60 days after the permit is issued, except that when such time period is inequitable or unfair due to conditions beyond the control of the person making the application, an extension of time within which to complete the work may be granted. The permit may be revoked at any time for any violation of these chapters.
Before any permit is issued the person who makes the application shall pay $25.00 to the Clerk to cover the cost of issuing the permit and supervising, regulating, and inspecting the work. In addition there shall be a connection charge in the amount of $6.00 per foot paid before issuance of a permit to reimburse the City for costs borne by the City in making water service available to the property served. There shall be no charge for additional small taps if the connection fee is paid.
(Code of Iowa, Sec. 384.84)
The installation of any water service pipe and any connection with the water system shall comply with all pertinent and applicable provisions, whether regulatory, procedural or enforcement provisions, of the State Plumbing Code.
All installations of water service pipes and connections to the water system shall be made by a State-licensed plumber.
All trench work, excavation, and backfilling required in making a connection shall be performed in accordance with the provisions of the State Plumbing Code and the provisions of Chapter 135 of this Code of Ordinances.
All taps into water mains shall be made by or under the direct supervision of the Superintendent and in accordance with the following:
(Code of Iowa, Sec. 372.13[4])
1. Independent Services. No more than one house, building, or premises shall be supplied from one tap unless special written permission is obtained from the Superintendent and unless provision is made so that each house, building, or premises may be shut off independently of the other.
2. Sizes and Location of Taps. All mains six inches or less in diameter shall receive no larger than a three-fourths inch tap. All mains of over six inches in diameter shall receive no larger than a one-inch tap. Where a larger connection than a one-inch tap is desired, two or more small taps or saddles shall be used, as the Superintendent shall order. All taps in the mains shall be made in the top half of the pipe, at least 18 inches apart. No main shall be tapped nearer than two feet of the joint in the main.
3. Corporation Stop. A brass corporation stop, of the pattern and weight approved by the Superintendent, shall be inserted in every tap in the main. The corporation stop in the main shall be of the same size as the service pipe.
4. Location Record. An accurate and dimensional sketch showing the exact location of the tap shall be filed with the Superintendent in such form as the Superintendent shall require.
Water service pipes from the main to the meter setting shall be standard Type K copper (CP), conforming with ASTM D2239. The PE pipe shall be a minimum three-fourths inch diameter (SDR-PR) as applied to PE 3406, iron pipe size; minimum 160 psi working pressure; joints shall be bronze compression type fittings using approved pipe joint compound. Insert stiffeners shall be provided for plastic pipe for curb and corporation stops in accordance with manufacturer’s recommendations. Plastic pipe house service lines shall be connected to the water main with an approved tapping saddle. Tracer wire must be buried with the water service pipe for the entire length of the water service pipe. Service lines shall be connected to the water main with the corporation stop, curb stop and service box located below frost line.
All costs and expenses incident to the installation, connection, and maintenance of the water service pipe from the main to the building served shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation or maintenance of said water service pipe.
When any portion of the water service pipe which is the responsibility of the property owner becomes defective or creates a nuisance and the owner fails to correct such nuisance, the City may do so and assess the costs thereof to the property.
(Code of Iowa, Sec. 364.12[3a & h])
There shall be installed within the public right-of-way a main shut-off valve on the water service pipe of a pattern approved by the Superintendent. The shut-off valve shall be constructed to be visible and even with the pavement or ground.
There shall be installed a shut-off valve on every service pipe inside the building as close to the entrance of the pipe within the building as possible and so located that the water can be shut off conveniently. Where one service pipe supplies more than one customer within the building, there shall be separate valves for each such customer so that service may be shut off for one without interfering with service to the others.
All water service pipes and their connections to the water system must be inspected and approved in writing by the Superintendent before they are covered, and the Superintendent shall keep a record of such approvals. If the Superintendent refuses to approve the work, the plumber or property owner must proceed immediately to correct the work. Every person who uses or intends to use the municipal water system shall permit the Superintendent to enter the premises to inspect or make necessary alterations or repairs at all reasonable hours and on proof of authority.
Should any excavation be left open or only partly refilled for 24 hours after the water service pipe is installed and connected with the water system, or should the work be improperly done, the City shall have the right to finish or correct the work, and the Council shall assess the costs to the property owner or the plumber. If the plumber is assessed, the plumber must pay the costs before receiving another permit. If the property owner is assessed, such assessment may be collected with and in the same manner as general property taxes.
(Code of Iowa, Sec. 364.12[3a & h])
The Superintendent may shut off the supply of water to any customer because of any violation of the regulations contained in these Water Service System chapters that is not being contested in good faith. The supply shall not be turned on again until all violations have been corrected and the Superintendent has ordered the water to be turned on.
It is unlawful for any person except the Superintendent to turn water on at the curb valve, and no person, unless specifically authorized by the City, shall open or attempt to draw water from any fire hydrant for any purpose whatsoever.
The purpose of this chapter is to encourage the conservation of water and facilitate the equitable distribution of charges for water service among customers.
All water furnished customers shall be measured through meters furnished by the City and installed by a plumber.
Fire sprinkler systems may be connected to water mains by direct connection without meters under the direct supervision of the Superintendent. No other open, unmetered connection shall be incorporated in the system, and there shall be no valves except a main control valve at the entrance to the building which must be sealed open.
All meters shall be so located that they are easily accessible to meter readers and repairmen and protected from freezing.
The property owner shall provide all necessary piping and fittings for proper setting of the meter including a valve on the discharge side of the meter. Meter pits may be used only upon approval of the Superintendent and shall be of a design and construction approved by the Superintendent.
The full cost of any meter larger than that required for a single-family residence shall be paid to the City by the property owner or customer prior to the installation of any such meter by the City, or, at the sole option of the City, the property owner or customer may be required to purchase and install such meter in accordance with requirements established by the City.
Whenever a water meter owned by the City is found to be out of order the Superintendent shall have it repaired. If it is found that damage to the meter has occurred due to the carelessness or negligence of the customer or property owner, or the meter is not owned by the City, then the property owner shall be liable for the cost of repairs.
The Superintendent shall be permitted to enter the premises of any customer at any reasonable time to read, remove, or change a meter.
The Superintendent shall make a test of the accuracy of any water meter at any time when requested in writing, but not more often than once in 18 months. Such request shall be accompanied by a refundable deposit of $15.00, guaranteeing payment of costs if found due. If the meter is found to overrun to the extent of two percent or more, the cost of the test shall be paid by the City and a refund shall be made to the customer for overcharges collected since the last known date of accuracy but not for longer than six months, plus the meter test deposit. If the meter is found to be accurate or slow, or less than two percent fast, the customer deposit shall be forfeited as the reasonable costs of the test, and the customer shall be liable for any deficiency over two percent up to six months.
Customers may add a second water meter for the purpose of measuring water to be used from outside faucets and for outside watering. The meter must be installed where it measures only the water on outside faucets on the premises being served and the location of such. The meter is supplied by the City and its installation shall be by a plumber at the expense of the owner. The customer will install the following water meter package or its equivalent at the customer’s expense:
1. Five-eighths water meter with readout
2. Branch piece for the two meters
3. Two angle yoke valves
4. Two yoke bars
5. Two expansion connections
6. Backflow preventer
7. One straight yoke outlet
Each customer shall pay for water service provided by the City based upon use of water as determined by meters provided for in Chapter 91. Each location, building, premises or connection shall be considered a separate and distinct customer whether owned or controlled by the same person or not.
(Code of Iowa, Sec. 384.84)
Water service shall be furnished at the following monthly rates within the City:
(Code of Iowa, Sec. 384.84)
- Operating and maintenance charge of $9.75 per meter per month.
- Water usage in 100 cubic feet multiplied by $2.65 per month.
In no case shall the minimum charge be less than $9.75 per month. The rates shall be reviewed on or before the beginning of each fiscal year to ensure sufficient revenue for operation, maintenance, replacement and debt service requirements.
- Capital Improvement Fund. A total amount of $125,000.00 annually will be set aside in a water improvement fund to improve and update the water utility as well as water system improvements.
(Section 92.02 – Ord. 1074 – Jul. 22 Supp.)
Water service shall be provided to any customer located outside the corporate limits of the City which the City has agreed to serve at rates 150 percent of the rates provided in Section 92.02. No such customer, however, will be served unless the customer shall have signed a service contract agreeing to be bound by the ordinances, rules, and regulations applying to water service established by the Council. Exceptions to the rates for customers located outside the corporation limits of the City are as follows:
(Code of Iowa, Sec. 364.4 & 384.84)
1. Contract rates for a period not to exceed 40 years with persons and other governmental bodies for the sale of water on a wholesale basis.
2. Rates for State, County, Township or School District owned facilities within two miles of the City limits shall be the same as rates provided in Section 92.02. Extraordinary items will be separately agreed to.
3. Rates for customers where Council has approved a written agreement for a regular rate in return for value received.
Water service shall be billed as part of a combined service account, payable in accordance with the following:
(Code of Iowa, Sec. 384.84)
1. Bills Issued. The Clerk shall prepare and issue monthly bills for combined service accounts.
2. Bills Payable. A bill for a combined service account shall be due and payable when rendered and shall be considered delinquent not less than 20 days after the time it is rendered. A bill shall be considered rendered by the utility when deposited in the U.S. mail with postage prepaid or when delivered by the utility to the last known address of the party responsible for payment.
Late Payment Penalty. A late payment penalty of $5.00 or five percent of the amount due, whichever is greater, shall be added to each delinquent bill. Such penalty is inclusive of all other service charges which are part of the combined service account.
Water service to delinquent customers shall be discontinued or disconnected in accordance with the following:
(Code of Iowa, Sec. 384.84)
1. Notice. The Clerk shall notify each delinquent customer that service will be discontinued or disconnected if payment of the combined service account, including late payment charges, is not received by the date specified in the notice of delinquency. Such notice shall be sent by ordinary mail to the customer in whose name the delinquent charge were incurred and shall inform the customer of the nature of the delinquency and afford the customer the opportunity for a hearing prior to the discontinuance or disconnection. The City will also tag doors of delinquent customers prior to discontinues of service as final notice of shutoff. An administrative fee of $50.00 shall be charged for issuance of the tag.
2. Notice to Landlords. If the customer is a tenant, and if the owner or landlord of the property or premises has made a written request for notice, the notice of delinquency shall also be given to the owner or landlord. If the customer is a tenant and requests a change of name for service under the account, such request shall be sent to the owner or landlord of the property if the owner or landlord has made a written request for notice of any change of name for service under the account to the rental property.
3. Hearing. If a hearing is requested by noon of the day preceding the shut off, the Clerk shall conduct an informal hearing and shall make a determination as to whether the discontinuance or disconnection is justified. The customer has the right to appeal the Clerk’s decision to the Council, and if the Council finds that discontinuance or disconnection is justified, then such discontinuance or disconnection shall be made, unless payment has been received.
4. Fees. A fee of $75.00 shall be charged before service is restored to a delinquent customer during regular business hours (8:00 am to 3:30 pm). A fee of $150.00 shall be charged for reconnection after hours (3:30 pm to 8:00 am) and weekends. No fee shall be charged for the usual or customary trips in the regular changes in occupancies of property.
The owner of the premises served and any lessee or tenant thereof shall be jointly and severally liable for water service charges to the premises. Water service charges remaining unpaid and delinquent shall constitute a lien upon the property or premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes.
(Code of Iowa, Sec. 384.84)
(Code of Iowa, Sec. 384.84)
1. Water Service Exemption. The lien for nonpayment shall not apply to charges for water service to a residential or commercial rental property where water service is separately metered and the rates or charges for the water service are paid directly to the City by the tenant, if the landlord gives written notice to the City that the property is residential or commercial rental property and that the tenant is liable for the rates or charges. The City may require a deposit not exceeding the usual cost of 90 days of such services to be paid to the City. When the tenant moves from the rental property, the City shall refund the deposit if all service charges are paid in full. The lien exemption does not apply to delinquent charges for repairs related to any of the services.
2. Other Service Exemption. The lien for nonpayment shall also not apply to the charges for any of the services of sewer systems, storm water drainage systems, sewage treatment, solid waste collection, and solid waste disposal for a residential rental property where the charge is paid directly to the City by the tenant, if the landlord gives written notice to the City that the property is residential rental property and that the tenant is liable for the rates or charges for such service. The City may require a deposit not exceeding the usual cost of 90 days of such services to be paid to the City. When the tenant moves from the rental property, the City shall refund the deposit if all service charges are paid in full. The lien exemption does not apply to delinquent charges for repairs related to any of the services.
3. Written Notice. The landlord’s written notice shall contain the name of the tenant responsible for charges, the address of the residential or commercial rental property that the tenant is to occupy, and the date that the occupancy begins. Upon receipt, the City shall acknowledge the notice and deposit. A change in tenant for a residential rental property shall require a new written notice to be given to the City within 30 business days of the change in tenant. A change in tenant for a commercial rental property shall require a new written notice to be given to the City within 10 business days of the change in tenant. A change in the ownership of the residential rental property shall require written notice of such change to be given to the City within 30 business days of the completion of the change of ownership. A change in the ownership of the commercial rental property shall require written notice of such change to be given to the City within 10 business days of the completion of the change of ownership.
4. Mobile Homes, Modular Homes, and Manufactured Homes. A lien for nonpayment of utility services described in subsections 1 and 2 of this section shall not be placed upon a premises that is a mobile home, modular home, or manufactured home if the mobile home, modular home, or manufactured home is owned by a tenant of and located in a mobile home park or manufactured home community and the mobile home park or manufactured home community owner or manager is the account holder, unless the lease agreement specifies that the tenant is responsible for payment of a portion of the rates or charges billed to the account holder.
A lien for delinquent water service charges shall not be certified to the County Treasurer unless prior written notice of intent to certify a lien is given to the customer in whose name the delinquent charges were incurred. If the customer is a tenant and if the owner or landlord of the property or premises has made a written request for notice, the notice shall also be given to the owner or landlord. The notice shall be sent to the appropriate persons by ordinary mail not less than 30 days prior to certification of the lien to the County Treasurer.
(Code of Iowa, Sec. 384.84)
There shall be required from every customer an initial service deposit not exceeding the highest monthly billing for service during the previous 12-month period.
(Code of Iowa, Sec. 384.84)
A property owner may request water service be temporarily discontinued and shut off at the curb valve when the property is expected to be vacant for an extended period of time. During a period when service is temporarily discontinued as provided herein there shall be no minimum service charge. The City will not drain pipes or pull meters for temporary vacancies.
The provisions of this chapter shall apply to all private water wells located or to be constructed within the City, including (but not limited to) new construction and modification of existing wells.
No person shall construct a private well in the City or own/use a well constructed after the effective date of this provision, unless a permit has been issued for the well by the City Administrator. This permit shall be in addition to any permits required by the State or County. This requirement shall not apply to monitoring wells used for soil and groundwater investigation.
Any person who owns property in the City which has a well, other than a monitoring well, which was constructed prior to the effective date of the ordinance codified by this chapter, shall register said well with the City. Registration forms for this may be obtained from the Water Department or from the City Clerk’s office. There will be no fee charged for the registration of a pre-existing well.
1. Any person desiring a well permit shall make application to the City on the form prescribed by him/her. The City Administrator shall determine the necessary information, date and testing required for the issuance of the permit.
2. In determining whether to issue a permit or not, the City Administrator shall consider the availability of public water to serve the real property, building or facility, the estimated amount of water to be consumed, possible contamination of the water, and the purpose for which the water will be used. The applicant shall be required to have an environmental assessment completed to determine if there are known sources of contamination within 500 feet of the proposed site.
3. If the property, building, or facility to be served is located within 200 feet of public water, the City Administrator shall automatically deny the permit, and the applicant shall be required to use the public water system.
4. If the City Administrator determines that the water is in an area of contamination or is otherwise unfit, he/she may deny the permit or make such limitations as to the use of the water from said private well as are necessary to protect life and property. In determining what the actual area of contamination is, the City Administrator shall consider current levels and areas of contamination, as well as where the contamination might reasonably be expected to expand to the foreseeable future.
5. The application shall not be deemed complete until all information, data and testing results required by the City Administrator have been submitted to such official for consideration and required fee paid in full.
6. The City Administrator shall rule upon the permit application within 30 working days of the submitting of the completed application. The City Administrator may, upon good cause, extend said period for approval of the application an additional 30 working days by issuing a written notice to the applicant. Any application which is not acted upon in a timely manner by the City Administrator shall be deemed to have been denied upon the expiration of time provided by this section.
7. The applicant may appeal the decision of the City Administrator to the City Council by filing a written notice of appeal with the City Administrator within 10 business days of the decision. The City Council shall meet to determine the appeal within 45 days of the date the appeal is filed.
8. The applicant shall pay an application fee in the amount set by resolution of Council.
9. All required testing and collection of information and data shall be at the applicant’s expense.
Any person found guilty of a violation of any of the provisions of this chapter shall, upon conviction, be subject to the penalty provisions of this Code of Ordinances. Each day that a violation is allowed to continue shall constitute a separate and distinct violation. At the discretion of the City Attorney, any violation of the provisions of this chapter may be pursued as a municipal infraction according to the terms of Chapter 4 in lieu of criminal prosecution.
The purpose of this chapter is to institute land use regulations and restrictions to protect the City’s water supply and well fields, restrict the location of potential sources of contamination in close proximity to a public water supply, and to promote the public health, safety and general welfare of the residents of the City.
1. “Alluvium” means sand, clay, etc., gradually deposited by moving water.
2. “Aquifer” means a rock formation, group of rock formations or part of a rock formation that contains enough saturated permeable material to yield significant quantities of water.
3. “Contamination” means the presence of any harmful or deleterious substances in the water supply.
4. “Groundwater” means subsurface water in the saturated zone from which wells, springs and groundwater runoff are supplied.
5. “Hazardous substances” means those materials specified in Section 94.03 of this chapter.
6. “One-foot drawdown contour” means the locus of point around a well or well field where the free water elevation is lowered by one foot due to the pumping of the well or well field.
7. “Permitted pumping capacity” means the amount of water authorized to be pumped from a well during a one-year period.
8. “Person” means any natural person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, public officer, or any other entity whatsoever or any combination of such, jointly or severally.
9. “Petroleum product” means fuels (gasoline, diesel fuel, kerosene and mixtures of those products), lubricating oils, motor oils, hydraulic fluids and other similar products.
10. “Pollutant travel time” means the time required by pollutants to travel from one point to another.
11. “Pollution” means the presence of any substance (organic, inorganic, radiological or biological) or condition (temperature, pH turbidity) in water that tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water.
12. “Potable water” means water that is satisfactory for drinking, culinary and domestic purposes, meeting current drinking water standards.
13. “Primary containment” means the first level of product-tight containment, i.e., the inside portion of that container which comes into immediate contact on its inner surface with the hazardous material being contained.
14. “Public utility” means any utility (gas, water, sewer, electrical, telephone, cable television, etc.) whether publicly owned or privately owned.
15. “Secondary containment” means the level of product-tight containment external to and separate from the primary containment. Secondary containment consists of leakproof trays under containers, floor curbing or other containment systems and shall be of adequate size and design to handle all spills, leaks, overflows and precipitation until appropriate action can be taken. The specific design and selection of materials shall be sufficient to preclude any substance loss. Containment systems shall be sheltered so that the intrusion of precipitation is effectively prevented.
16. “Shallow well” means a well located and constructed in such a manner that there is not a continuous five-foot layer of low permeability soil or rock between the aquifer from which the water supply is drawn and a point 25 feet below the normal ground surface.
17. “Toxic substance” means any substance that has the capacity to produce personal injury or illness to humans through ingestion, inhalation or absorption into the body.
18. “Transmissivity” means the rate at which water is transmitted through a unit width of any aquifer under a unit of hydraulic gradient.
19. “Travel-time contour” means a locus of points from which water takes an equal amount of time to reach a given designation such as a well field.
20. “Travel time zones” means the area bounded by travel time contours.
21. “Water pollution” means the introduction in any surface or underground water of any organic or inorganic deleterious substance in such quantities, proportions and accumulations that are injurious to human, plant, animal, fish and other aquatic life or property or that unreasonably interfere with the comfortable enjoyment of life or property or the conduct of business.
22. “Well” means a pit or hole sunk into the earth to reach a resource supply such as water.
23. “Well field” means a tract of land that contains a number of wells for supplying water.
24. “Zones of influence” means zones delineated by fixed radii around well heads, within which toxic substances will be regulated to protect the quality of the underground resource.
. The materials regulated by this chapter are the following:
1. Petroleum products as defined in Section 94.02.
2. Substances listed in 40 CFR Part 261, subparts C and D, the Federal Hazardous Waste List.
3. Substances listed by the Iowa Labor Commissioner pursuant to Section 89B.12 of the Code of Iowa (Hazardous Chemicals Risks - Right to Know).
1. Maps. Zones of influence maps and any amendments thereto are incorporated by reference and made a part of this chapter. These maps are on file in the Water Department. At the time of adoption of the ordinance codified by this chapter the location of all wells in the City supplying potable water to the City water system shall be located on the Official Zoning District Map with primary and secondary protection zones indicated. No land within the primary protection zone that is currently not zoned commercial or industrial will be allowed to be rezoned to a commercial or industrial classification. Said maps shall be provided to the City Clerk, Planning Commission, Building Official, Zoning Officer, Benton County Health Department, and any other agency requesting said maps.
2. Map Maintenance. The zone of influence maps may be updated on an annual basis. The reasons for such an update may include, but is not limited to, the following:
A. Changes in the technical knowledge concerning the aquifer.
B. Changes in permitted pumping capacity of City well fields.
C. Additions of wells to existing well fields.
D. Designation of new well fields.
3. Zones of Influence. The zones of influence indicated on the zone of influence maps are as follows:
A. Primary Protection Zone — An area extending 200 feet radially from any well supplying potable water to the City water system.
B. Secondary Protection Zone — An area extending 1,600 feet radially from the center of the City West Well field, also known as the two-year capture zone, but not including the primary protection zones.
C. Zone of Sensitivity — The land area situated within one mile of the center of the City West Well field. The zone of influence is the NW quadrant of this zone.
1. Permitted Uses. The following uses are permitted uses within the Primary Protection Zone. Uses not listed are to be considered prohibited uses.
A. Parks, provided there is no on-site waste disposal or fuel storage tank facilities associated within this use, and the Iowa Department of Natural Resources Separation Distances from Wells for sources of contamination is complied with.
2. Permitted Uses. All other uses are prohibited within the Primary Protection Zone. Additional restrictions are as follows:
A. No person shall discharge or cause or permit the discharge of a hazardous substance (including herbicide and pesticide applications) to the soils, ground water, or surface water within the Primary Protection Zone. Any person knowing or having evidence of a discharge shall report such information to the City Administrator .
B. New sanitary landfills are prohibited within the Primary Protection Zone.
C. The use, handling, production, and storage of hazardous substances is prohibited in the Primary Protection Zone except as provided under Section 94.07. All persons who presently engage in nonexempt activity within the protection zone who store, handle, use or produce any hazardous substances shall cease to do so within two years from the effective date of the ordinance codified by this chapter except as provided herein.
D. Feedlots or other concentrated animal facilities are prohibited within the Primary Protection Zone.
E. Wastewater treatment plants, percolation ponds, dredge spoil deposits and similar facilities are prohibited within the Primary Protection Zone.
F. Septic tanks are prohibited within the Primary Protection Zone.
G. Other prohibited uses are: septage and/or sludge and/or animal waste land-spreading, salt storage, and radioactive waste facilities.
1. Permitted Uses. The following uses are permitted within the Secondary Protection Zone. Uses not listed are to be considered prohibited uses.
A. All uses listed as permitted in the Primary Protection Zone.
B. Sewered residential, commercial and/or industrial uses except those listed as prohibited uses in subsection 2 of this section.
C. Above ground storage tanks 660 gallons or less.
D. Basement storage tanks.
2. Prohibited Uses. All other uses are prohibited within the Secondary Protection Zone. Additional restrictions are as follows:
A. No person shall discharge or cause or permit the discharge of a hazardous substance (including herbicide and pesticide applications) to the soils, ground water, or surface water within the Secondary Protection Zone. Any person knowing or having evidence of a discharge shall report such information to the City.
B. New sanitary landfills are prohibited within the Secondary Protection Zone.
C. The use, handling, production, and storage of hazardous substances are prohibited in the Secondary Protection Zone, except where secondary containment is provided, or underground storage tanks in compliance with Chapter 135 of the Iowa Administrative Code, above ground storage tanks in compliance with requirements of the State Fire Marshal, or as provided under Section 94.07 .
D. Feedlots or other concentrated animal facilities are prohibited within the Secondary Protection Zone.
E. Wastewater treatment plants, percolation ponds, dredge spoil deposits and similar facilities are prohibited within the Secondary Protection Zone.
1. The following activities or uses are exempt from the provisions of this chapter:
A. The transportation of any hazardous substance through the well field protection zones, provided the transporting vehicle is in transit.
B. Silviculture uses and mosquito control spraying, providing that said uses shall comply with the Iowa commercial and public Pesticide Applicators and Dealers Licensing through the Iowa Department of Agriculture. The use and storage of herbicides and pesticides for silviculture uses are prohibited within the Primary Protection Zone but are allowed within the Secondary Protection Zone.
C. The use of any hazardous substance solely as fuel in a vehicle fuel tank or as lubricant in a vehicle.
D. Fire, police, emergency medical services, emergency management center facilities, or public utility transmission facilities.
E. Retail sales establishments that store and handle hazardous substances for resale in their original unopened containers.
F. Consumer products limited to use at a facility solely for janitorial or minor maintenance purposes.
G. Consumer products located in the home which are used for personal, family, or household purposes.
H. The storage and use of hazardous substances as a fuel or lubricant to provide auxiliary power for emergency use to the wellfield, provided an enclosed secondary containment system is provided for the hazardous substance.
I. The use of water treatment chemicals connected with the operation of the well.
2. The use of structures or facilities existing at the time of the adoption of the ordinance codified in this chapter may be continued even though such use may not conform with the regulations of this chapter. However, such structure or facility may not be enlarged, extended, reconstructed, or substituted subsequent to adoption of said ordinance.
3. Any person who engages in nonresidential activities relating to the storage, handling, use, and/or production of any toxic or hazardous substances and who is exempt from this chapter by law shall not be subject to the restrictions contained herein.
4. All written requests to permit variances or special exceptions in the Vinton Wellfield Protection Zones will be to the Board of Adjustment and must include an environmental assessment report. Any exemptions granted will be made conditional and may include environmental and safety monitoring and/or a bond posted for future monitoring and cleanup costs. The exemption will be made void if environmental and/or safety monitoring indicates the facility is emitting any releases of harmful contaminates to the surrounding environment. The facility will be held financially responsible for all environmental cleanup costs.
In determining the location of properties within the zones depicted on the Zone of Influence Maps, the following rules shall apply:
1. Properties located wholly within one zone reflected on the applicable Zone of Influence Map shall be governed by the restrictions applicable at that zone.
2. For properties having parts lying within more than one zone as reflected on the applicable Zone of Influence Map, each part shall be governed by the restriction applicable to the zone in which it is located.
1. The Water Division Superintendent is designated as the Well Field Protection Officer unless another person is specifically designated by the City Administrator to supervise the implementation and enforcement of this chapter.
2. No building permit shall be issued which is a violation of the Iowa DNR Separation Distances From Wells, a violation of this chapter, or a source of contamination for a City well.
3. No new underground tanks will be allowed for auxiliary fuel storage in the Primary or Secondary zones.
4. Any person, firm or corporation who fails to comply with the provisions of this chapter shall be subject to provisions and penalties provided in Chapter 4 of this Code of Ordinances.
1. The Well Field Protection Officer or Inspector shall have the power and authority to enter and inspect all buildings, structures and land within well field zones of influence for the purpose of making an inspection. Failure of a person having common authority over a property to permit an inspection shall be sufficient grounds and probable cause for a court of competent jurisdiction to issue a search warrant to the Protection Officer to inspect such premises.
2. In the event a building or structure appears to be vacant or abandoned, and the owner cannot be readily contacted in order to obtain consent for an inspection, the officer or inspector may enter into or upon any open or unsecured portion of the premises in order to conduct an inspection thereof.
3. The Well Field Protection Officer or Inspector shall inspect each well field annually and shall maintain an inventory, if applicable, of all hazardous substances which exist within each well field zone. An emergency plan shall be prepared and filed with the County Emergency Management Agency indicating the procedures which will be followed in the event of spillage of a Regulated Substance so as to control and collect all such spilled materials.
4. It shall be the duty of all law enforcement officers to assist in making inspections when such assistance is requested by the officer or inspector.
Whenever an officer or an inspector determines that there is a violation of this chapter, the officer or inspector shall give notice thereof in the manner hereinafter provided. A notice of violation shall:
1. Be in writing.
2. Be dated and signed by the officer or inspector.
3. Specify the violation or violations.
4. State that said violations shall be corrected within a specified period of time as issued in writing by the inspector.
If any person who engages in nonresidential activities stores, handles, uses, and/or produces toxic substances within the well field zones of influence, as indicated on the Zone of Influence Maps, continues to operate in violation of the provisions of this chapter, then the City may file an action for injunctive relief in the court of jurisdiction.
The purpose of the chapters of this Code of Ordinances pertaining to Sanitary Sewers is to establish rules and regulations governing the treatment and disposal of sanitary sewage within the City in order to protect the public health, safety, and welfare.
For use in these chapters, unless the context specifically indicates otherwise, the following terms are defined:
1. “B.O.D.” (denoting Biochemical Oxygen Demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees C, expressed in milligrams per liter or parts per million.
2. “Building drain” means that part of the lowest horizontal piping of a building drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (one and one-half meters) outside the inner face of the building wall.
3. “Building sewer” means that part of the horizontal piping from the building wall to its connection with the main sewer or the primary treatment portion of an on-site wastewater treatment and disposal system conveying the drainage of one building site.
4. “Combined sewer” means a sewer receiving both surface run-off and sewage.
5. “Customer” means any person responsible for the production of domestic, commercial, or industrial waste that is directly or indirectly discharged into the public sewer system.
6. “Garbage” means solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage, and sale of produce.
7. “Industrial wastes” means the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.
8. “Inspector” means the person duly authorized by the Council to inspect and approve the installation of building sewers and their connections to the public sewer system; and to inspect such sewage as may be discharged therefrom.
9. “Natural outlet” means any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
10. “On-site wastewater treatment and disposal system” means all equipment and devices necessary for proper conduction, collection, storage, treatment, and disposal of wastewater from four or fewer dwelling units or other facilities serving the equivalent of 15 persons (1,500 gpd) or less.
11. “pH” means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
12. “Public sewer” means a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
13. “Sanitary sewage” means sewage discharging from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories, or institutions, and free from storm, surface water, and industrial waste.
14. “Sanitary sewer” means a sewer that carries sewage and to which storm, surface, and ground waters are not intentionally admitted.
15. “Sewage” means a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.
16. “Sewage treatment plant” means any arrangement of devices and structures used for treating sewage.
17. “Sewage works” or “sewage system” means all facilities for collecting, pumping, treating, and disposing of sewage.
18. “Sewer” means a pipe or conduit for carrying sewage.
19. “Sewer service charges” means any and all charges, rates or fees levied against and payable by customers, as consideration for the servicing of said customers by said sewer system.
20. “Slug” means any discharge of water, sewage, or industrial waste that in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation.
21. “Storm drain” or “storm sewer” means a sewer that carries storm and surface waters and drainage but excludes sewage and industrial wastes, other than unpolluted cooling water.
22. “Superintendent” means the Superintendent of sewage works and/or of water pollution control of the City or any authorized deputy, agent, or representative.
23. “Suspended solids” means solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and that are removable by laboratory filtering.
24. “Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently.
The Superintendent shall exercise the following powers and duties:
(Code of Iowa, Sec. 372.13[4])
1. Operation and Maintenance. Operate and maintain the City sewage system.
2. Inspection and Tests. Conduct necessary inspections and tests to assure compliance with the provisions of these Sanitary Sewer chapters.
3. Records. Maintain a complete and accurate record of all sewers, sewage connections and manholes constructed showing the location and grades thereof.
No person shall do, or allow, any of the following:
1. Damage Sewer System. Maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment that is a part of the sewer system.
(Code of Iowa, Sec. 716.1)
2. Surface Run-Off or Groundwater. Connect a roof downspout, sump pump, exterior foundation drain, areaway drain, or other source of surface run-off or groundwater to a building sewer or building drain that is connected directly or indirectly to a public sanitary sewer.
3. Manholes. Open or enter any manhole of the sewer system, except by authority of the Superintendent.
4. Objectionable Wastes. Place or deposit in any unsanitary manner on public or private property within the City, or in any area under the jurisdiction of the City, any human or animal excrement, garbage, or other objectionable waste.
5. Septic Tanks. Construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage except as provided in these chapters.
(Code of Iowa, Sec. 364.12[3f])
6. Untreated Discharge. Discharge to any natural outlet within the City, or in any area under its jurisdiction, any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of these chapters.
(Code of Iowa, Sec. 364.12[3f])
The owners of any houses, buildings, or properties used for human occupancy, employment, recreation or other purposes, situated within the City and abutting on any street, alley or right-of-way in which there is now located, or may in the future be located, a public sanitary or combined sewer, are hereby required to install, at such owner’s expense, suitable toilet facilities therein and a building sewer connecting such facilities directly with the proper public sewer, and to maintain the same all in accordance with the provisions of these Sanitary Sewer chapters, such compliance to be completed within 60 days after date of official notice from the City to do so provided that said public sewer is located within 200 feet of the property line of such owner and is of such design as to receive and convey by gravity such sewage as may be conveyed to it. Billing for sanitary sewer service will begin the date of official notice to connect to the public sewer.
(Code of Iowa, Sec. 364.12[3f])
(IAC, 567-69.1[3])
The owners of property outside the corporate limits of the City so situated that it may be served by the City sewer system may apply to the Council for permission to connect to the public sewer upon the terms and conditions stipulated by resolution of the Council.
(Code of Iowa, Sec. 364.4[2 & 3])
The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of these Sanitary Sewer chapters. The Superintendent or representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
The following special penalty provisions shall apply to violations of these Sanitary Sewer chapters:
1. Notice of Violation. Any person found to be violating any provision of these chapters except subsections 1, 3, and 4 of Section 95.04, shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
2. Continuing Violations. Any person who shall continue any violation beyond the time limit provided for in subsection 1 hereof shall be in violation of this Code of Ordinances. Each day in which any such violation shall continue shall be deemed a separate offense.
Liability Imposed. Any person violating any of the provisions of these chapters shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation.
No unauthorized person shall uncover, make any connection with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the City. The application for the permit shall set forth the location and description of the property to be connected with the sewer system and the purpose for which the sewer is to be used, and shall be supplemented by any plans, specifications, or other information considered pertinent. The permit shall require the owner to complete construction and connection of the building sewer to the public sewer within 60 days after the issuance of the permit, except that when a property owner makes sufficient showing that due to conditions beyond the owner’s control or peculiar hardship, such time period is inequitable or unfair, an extension of time within which to comply with the provisions herein may be granted. Any sewer connection permit may be revoked at any time for a violation of these chapters.
There shall be a connection charge in the amount of $30.00 paid to reimburse the City for costs borne by the City in making sewer service available to the property served.
All installations of building sewers and connections to the public sewer shall be made by a State-licensed plumber.
All trench work, excavation, and backfilling required for the installation of a building sewer shall be performed in accordance with the provisions of the State Plumbing Code and the provisions of Chapter 135 of this Code of Ordinances.
Any connection with a public sanitary sewer must be made under the direct supervision of the Superintendent and in accordance with the following:
1. Old Building Sewers. Old building sewers may be used in connection with new buildings only when they are found, on examination and test conducted by the owner and observed by the Superintendent, to meet all requirements of this chapter.
2. Separate Building Sewers. A separate and independent building sewer shall be provided for every occupied building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway. In such cases the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
3. Installation. The installation and connection of the building sewer to the public sewer shall conform to the requirements of the State Plumbing Code and applicable rules and regulations of the City. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.
4. Water Lines. When possible, building sewers should be laid at least 10 feet horizontally from a water service. The horizontal separation may be less, provided the water service line is located at one side and at least 12 inches above the top of the building sewer.
5. Size. Building sewers shall be sized for the peak expected sewage flow from the building with a minimum building sewer size of four inches.
6. Alignment and Grade. All building sewers shall be laid to a straight line to meet the following:
A. Recommended grade at one-fourth inch per foot.
B. Minimum grade of one-eighth inch per foot.
C. Minimum velocity of two feet per second with the sewer half full.
D. Any deviation in alignment or grade shall be made only with the written approval of the Superintendent and shall be made only with approved fittings.
7. Depth. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. The depth of cover above the sewer shall be sufficient to afford protection from frost.
8. Sewage Lifts. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer.
9. Pipe Specifications. Building sewer pipe shall be free from flaws, splits, or breaks. Materials shall be as specified in the State Plumbing Code except that the building sewer pipe, from the property line to the public sewer, shall comply with the current edition of one of the following:
A. Clay sewer pipe – A.S.T.M. C-700 (extra strength).
B. Extra heavy cast iron soil pipe – A.S.T.M. A-74.
C. Ductile iron water pipe – A.W.W.A. C-151.
D. P.V.C. – SDR26 – A.S.T.M. D-3034.
10. Bearing Walls. No building sewer shall be laid parallel to or within three feet of any bearing wall that might thereby be weakened.
11. Jointing. Fittings, type of joint and jointing material shall be compatible with the type of pipe used, subject to the approval of the Superintendent. Solvent-welded joints are not permitted.
12. Unstable Soil. No sewer connection shall be laid so that it is exposed when crossing any watercourse. Where an old watercourse must of necessity be crossed or where there is any danger of undermining or settlement, cast iron soil pipe or vitrified clay sewer pipe thoroughly encased in concrete shall be required for such crossings. Such encasement shall extend at least six inches on all sides of the pipe. The cast iron pipe or encased clay pipe shall rest on firm, solid material at either end.
Preparation of Basement or Crawl Space. No connection for any residence, business or other structure with any sanitary sewer shall be made unless the basement floor is poured, or in the case of a building with a slab or crawl space, unless the ground floor is installed with the area adjacent to the foundation of such building cleared of debris and backfilled. The backfill shall be well compacted and graded so that the drainage is away from the foundation. Prior to the time the basement floor is poured, or the first floor is installed in buildings without basements, the sewer shall be plugged and the plug shall be sealed by the Superintendent. Any accumulation of water in any excavation or basement during construction and prior to connection to the sanitary sewer shall be removed by means other than draining into the sanitary sewer.
Grease, oil, sludge and sand interceptors shall be provided by gas and service stations, convenience stores, car washes, garages, and other facilities when, in the opinion of the Superintendent, they are necessary for the proper handling of such wastes that contain grease in excessive amounts or any flammable waste, sand or other harmful ingredients. Such interceptors shall not be required for private living quarters or dwelling units. When required, such interceptors shall be installed in accordance with the following:
1. Design and Location. All interceptors shall be of a type and capacity as specified in the State Plumbing Code, to be approved by the Superintendent, and shall be located so as to be readily and easily accessible for cleaning and inspection.
2. Construction Standards. The interceptors shall be constructed of impervious material capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers that shall be gastight and watertight.
3. Maintenance. All such interceptors shall be maintained by the owner at the owner’s expense and shall be kept in continuously efficient operations at all times.
Connection of the building sewer into the public sewer shall be made at the “Y” branch, if such branch is available at a suitable location. If no properly located “Y” branch is available, a saddle “Y” shall be installed at the location specified by the Superintendent. The public sewer shall be tapped with a tapping machine and a saddle appropriate to the type of public sewer shall be glued or attached with a gasket and stainless steel clamps to the sewer. At no time shall a building sewer be constructed so as to enter a manhole unless special written permission is received from the Superintendent and in accordance with the Superintendent’s direction if such connection is approved.
All connections with the sanitary sewer system before being covered shall be inspected and approved, in writing, by the Superintendent. As soon as all pipe work from the public sewer to inside the building has been completed, and before any backfilling is done, the Superintendent shall be notified and the Superintendent shall inspect and test the work as to workmanship and material; no sewer pipe laid underground shall be covered or trenches filled until after the sewer has been so inspected and approved. If the Superintendent refuses to approve the work, the plumber or owner must proceed immediately to correct the work.
All costs and expenses incident to the installation, connection, and maintenance of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
Construction or maintenance of building sewer lines, whether located upon the private property of any owner or in the public right-of-way, which construction or maintenance is in violation of any of the requirements of this chapter, shall be corrected, at the owner’s expense, within 30 days after date of official notice from the Council of such violation. If not made within such time, the Council shall, in addition to the other penalties herein provided, have the right to finish and correct the work and assess the cost thereof to the property owner. Such assessment shall be collected with and in the same manner as general property taxes.
(Code of Iowa, Sec. 364.12[3])
No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof run-off, sub-surface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. Storm water and all other unpolluted drainage shall be discharged to such sewers that are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process waters may be discharged on approval of the Superintendent, to a storm sewer, combined sewer, or natural outlet.
Special permits for discharging surface waters to a public sanitary sewer may be issued by the Council upon recommendation of the Superintendent where such discharge is deemed necessary or advisable for purposes of flushing, but any permit so issued shall be subject to revocation at any time when deemed to the best interests of the sewer system.
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
1. Flammable or Explosive Material. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.
2. Toxic or Poisonous Materials. Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two milligrams per liter as CN in the wastes as discharged to the public sewer.
3. Corrosive Wastes. Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
4. Solid or Viscous Substances. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
5. Excessive B.O.D., Solids or Flow.
A. Any waters or wastes: (i) having a five-day biochemical oxygen demand greater than 300 parts per million by weight; or (ii) containing more than 350 parts per million by weight of suspended solids; or (iii) having an average daily flow greater than two percent of the average sewage flow of the City, shall be subject to the review of the Superintendent.
B. Where necessary in the opinion of the Superintendent, the owner shall provide, at the owner’s expense, such preliminary treatment as may be necessary to: (i) reduce the biochemical oxygen demand to 300 parts per million by weight; or (ii) reduce the suspended solids to 350 parts per million by weight; or (iii) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Superintendent and no construction of such facilities shall be commenced until said approvals are obtained in writing.
No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming an opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances restricted are:
1. High Temperature. Any liquid or vapor having a temperature higher than 150 degrees F (65 degrees C).
2. Fat, Oil, Grease. Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 milligrams per liter or 600 milligrams per liter of dispersed or other soluble matter.
3. Viscous Substances. Water or wastes containing substances that may solidify or become viscous at temperatures between 32 degrees F and 150 degrees F (0 degrees to 65 degrees C).
4. Garbage. Any garbage that has not been properly shredded, that is, to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
5. Acids. Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solution whether neutralized or not.
6. Toxic or Objectionable Wastes. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Superintendent for such materials.
7. Odor or Taste. Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits that may be established by the Superintendent as necessary, after treatment of the composite sewage, to meet the requirements of State, federal, or other public agencies of jurisdiction for such discharge to the receiving waters.
8. Radioactive Wastes. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable State or federal regulations.
9. Excess Alkalinity. Any waters or wastes having a pH in excess of 9.5.
10. Unusual Wastes. Materials that exert or cause:
A. Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
B. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
C. Unusual B.O.D., chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
D. Unusual volume of flow or concentration of wastes constituting “slugs” as defined herein.
11. Noxious or Malodorous Gases. Any noxious or malodorous gas or other substance that, either singly or by interaction with other wastes, is capable of creating a public nuisance or hazard to life or of preventing entry into sewers for their maintenance and repair.
12. Damaging Substances. Any waters, wastes, materials, or substances that react with water or wastes in the sewer system to release noxious gases, develop color of undesirable intensity, form suspended solids in objectionable concentration or create any other condition deleterious to structures and treatment processes.
13. Untreatable Wastes. Waters or wastes containing substances that are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 97.04 and which in the judgment of the Superintendent may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:
1. Rejection. Reject the wastes by requiring disconnection from the public sewage system;
2. Pretreatment. Require pretreatment to an acceptable condition for discharge to the public sewers;
3. Controls Imposed. Require control over the quantities and rates of discharge; and/or
4. Special Charges. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Chapter 99.
If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent and subject to the requirements of all applicable codes, ordinances, and laws. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at the owner’s expense.
When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at the owner’s expense, and shall be maintained by the owner so as to be safe and accessible at all times.
All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a 24-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, B.O.D. and suspended solids analyses are obtained from 24-hour composites of all outfalls whereas pH’s are determined from periodic grab samples).
Except as otherwise provided in this chapter, it is unlawful to construct or maintain any on-site wastewater treatment and disposal system or other facility intended or used for the disposal of sewage.
(Code of
When a public sanitary sewer is not available under the provisions of Section 95.05, every building wherein persons reside, congregate or are employed shall be provided with an approved on-site wastewater treatment and disposal system complying with the provisions of this chapter.
(IAC, 567-69.1[3])
The type, capacity, location, and layout of a private on-site wastewater treatment and disposal system shall comply with the specifications and requirements set forth by the Iowa Administrative Code 567, Chapter 69, and with such additional requirements as are prescribed by the regulations of the County Board of Health.
(IAC, 567-69.1[3 & 4])
No person shall install or alter an on-site wastewater treatment and disposal system without first obtaining a permit from the County Board of Health.
It is unlawful to discharge any wastewater from an on-site wastewater treatment and disposal system (except under an NPDES permit) to any ditch, stream, pond, lake, natural or artificial waterway, drain tile or to the surface of the ground.
(IAC, 567-69.1[3])
The owner of an on-site wastewater treatment and disposal system shall operate and maintain the system in a sanitary manner at all times and at no expense to the City.
At such time as a public sewer becomes available to a property served by an on-site wastewater treatment and disposal system, as provided in Section 95.05, a direct connection shall be made to the public sewer in compliance with these Sanitary Sewer chapters and the on-site wastewater treatment and disposal system shall be abandoned and filled with suitable material.
(Code of Iowa, Sec. 364.12[3f])
No person shall dispose of septage from an on-site treatment system at any location except an approved disposal site.
Each customer shall pay sewer service charges for the use of and for the service supplied by the municipal sanitary sewer system based upon the amount of water consumed as follows:
(Code of Iowa, Sec. 384.84)
1. Group I. The total periodic billing for sewer charges shall be the sum of the following, based upon water meter readings:
A. Plant Operation, Maintenance and Replacement Fund – water usage in 100 cubic feet multiplied by $1.78.
B. Sewer Operation and Maintenance – $6.42 per month.
C. Debt Service Charge – $1.77 per month.
Minimum charge of $8.19 per month.
2. Group II. The total periodic billing for sewer charges shall be the sum of the following based upon water meter readings and a permit surcharge factor (PSF). The PSF shall be determined by the Clerk and noted on the discharge permit. The PSF shall be calculated by dividing the total operation and maintenance charges as set forth for Group III by the operation and maintenance charges established for Group I. The PSF shall never be less than 1.0.
A. Plant Operation, Maintenance and Replacement Fund – water usage in 100 cubic feet multiplied by PSF multiplied by $1.78 per month.
B. Sewer Operation and Maintenance – $4.42 per month.
C. Debt Service Charge – $1.77 per month.
3. Group III. The total periodic billing for sewer service charges shall be the sum of the following:
A. Plant Operation and Maintenance. Based upon monthly average values obtained from in situ measurements and samples.
Actual working day average flow in 1,000 gpd multiplied by $13.10.
Actual working day average BOD in lbs. per day multiplied by $9.03.
Actual working day average SS in lbs. per day multiplied by $5.47.
B. Sewer Operation and Maintenance. $1.00 per month.
C. Debt Service. Such charge as the Council shall establish by resolution.
4. Special Rates. Where in the judgment of the City Administrator special conditions surround the use of City water to the extent that the application of the basic charges provided above would be inequitable or unfair to either the City or contributor, a special rate shall be established by the City. Such rates shall be subject to the approval by resolution of the Council. Such rates may include among others the following cases:
A. Where the nature of the use of City water is such in the opinion of the City Administrator that the resulting sewage or industrial waste has characteristics making it more or less difficult to purify than ordinary domestic waste.
B. Where a major proportion of the City water consumed is not polluted and/or is not discharged into or does not reach the sanitary sewer.
C. Where privately produced water supplies are discharged directly or indirectly into the sanitary sewer. Such rates shall be on an equal basis as nearly as may be with the rates which would apply to an equal quantity and character of waste originating through the use of City water. It shall be the duty of every person responsible for the production of such private water supply to report forthwith to the City Administrator and further, to cooperate with the City Administrator in the determination of the quantity and character of the waste originating from each such respective private water supply. The City Administrator shall designate in each such special rate case any necessary means of measurement of such private water supply and resulting sewage flow, which meter or other means of measurement shall be installed by and at the expense of the contributor upon written order of the City Administrator.
Where, in the judgment of the City Administrator and the Council, special conditions exist to the extent that the application of the sewer charges provided in Section 99.01 would be inequitable or unfair to either the City or the customer, a special rate shall be proposed by the City Administrator and submitted to the Council for approval by resolution.
(Code of Iowa, Sec. 384.84)
Customers whose premises are served by a private water system shall pay sewer charges based upon the water used as determined by the City either by an estimate agreed to by the customer or by metering the water system at the customer’s expense. Any negotiated or agreed-upon sales or charges shall be subject to approval of the Council.
(Code of Iowa, Sec. 384.84)
All sewer service charges are due and payable under the same terms and conditions provided for payment of a combined service account as contained in Section 92.04 of this Code of Ordinances. Sewer service may be discontinued or disconnected in accordance with the provisions contained in Section 92.05 if the combined service account becomes delinquent, and the provisions contained in Section 92.08 relating to lien notices shall also apply in the event of a delinquent account.
Except as provided for in Section 92.07 of this Code of Ordinances, the owner of the premises served and any lessee or tenant thereof shall be jointly and severally liable for sewer service charges to the premises. Sewer service charges remaining unpaid and delinquent shall constitute a lien upon the property or premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes.
(Code of Iowa, Sec. 384.84)
There shall be required from every customer an initial service deposit not exceeding the highest monthly billing for service during the previous 12-month period.
(Code of Iowa, Sec. 384.84)
No statement in these chapters shall be construed as preventing a special agreement, arrangement, or contract between the Council, and any industrial concern whereby an industrial waste of unusual strength or character may be accepted subject to special conditions, rate, and cost as established by the Council.
The purpose of the chapters in this Code of Ordinances pertaining to Solid Waste Control and Collection is to provide for the sanitary storage, collection, and disposal of solid waste and, thereby, to protect the citizens of the City from such hazards to their health, safety and welfare as may result from the uncontrolled disposal of solid waste.
For use in these chapters the following terms are defined:
1. “Collector” means any person authorized to gather solid waste from public and private places.
2. “Discard” means to place, cause to be placed, throw, deposit, or drop.
(Code of Iowa, Sec. 455B.361[1])
3. “Dwelling unit” means any room or group of rooms located within a structure and forming a single habitable unit with facilities that are used or are intended to be used for living, sleeping, cooking, and eating.
4. “Garbage” means all solid and semisolid, putrescible animal and vegetable waste resulting from the handling, preparing, cooking, storing, serving and consuming of food or of material intended for use as food, and all offal, excluding useful industrial by-products, and includes all such substances from all public and private establishments and from all residences.
(IAC, 567-100.2)
5. “Landscape waste” means any vegetable or plant waste except garbage. The term includes trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, and yard trimmings.
(IAC, 567-20.2[455B])
6. “Litter” means any garbage, rubbish, trash, refuse, waste materials, or debris not exceeding 10 pounds in weight or 15 cubic feet in volume. Litter includes but is not limited to empty beverage containers, cigarette butts, food waste packaging, other food or candy wrappers, handbills, empty cartons, or boxes.
(Code of Iowa, Sec. 455B.361[2])
7. “Owner” means, in addition to the record titleholder, any person residing in, renting, leasing, occupying, operating or transacting business in any premises, and as between such parties the duties, responsibilities, liabilities and obligations hereinafter imposed shall be joint and several.
8. “Recyclable material” means solid waste material that can be recycled and reused consistent with the waste management hierarchy under Section 455B.301A of the Code of Iowa; and contained in the local recycling program plan to meet the State volume reduction goal pursuant to Section 455D.3 of Iowa Code. Materials include but are not limited to glass, plastic, paper and metal.
9. “Refuse” means putrescible and non-putrescible waste, including but not limited to garbage, rubbish, ashes, incinerator residues, street cleanings, market and industrial solid waste and sewage treatment waste in dry or semisolid form.
(IAC, 567-100.2)
10. “Residential premises” means a single-family dwelling and any multiple-family dwelling.
11. “Residential waste” means any refuse generated on the premises as a result of residential activities. The term includes landscape waste grown on the premises or deposited thereon by the elements, but excludes garbage, tires, trade wastes and any locally recyclable goods or plastics.
(IAC, 567-20.2[455B])
12. “Rubbish” means non-putrescible solid waste consisting of combustible and non-combustible waste, such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, or litter of any kind.
(IAC, 567-100.2)
13. “Sanitary disposal” means a method of treating solid waste so that it does not produce a hazard to the public health or safety or create a nuisance.
(IAC, 567-100.2)
14. “Sanitary disposal project” means all facilities and appurtenances (including all real and personal property connected with such facilities) that are acquired, purchased, constructed, reconstructed, equipped, improved, extended, maintained, or operated to facilitate the final disposition of solid waste without creating a significant hazard to the public health or safety, and which are approved by the Director of the State Department of Natural Resources.
(Code of Iowa, Sec. 455B.301)
15. “Solid waste” means garbage, refuse, rubbish, and other similar discarded solid or semisolid materials, including but not limited to such materials resulting from industrial, commercial, agricultural, and domestic activities. Solid waste may include vehicles, as defined by Section 321.1 of the Code of Iowa. Solid waste does not include any of the following:
(Code of Iowa, Sec. 455B.301)
A. Hazardous waste regulated under the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6921-6934.
B. Hazardous waste as defined in Section 455B.411 of the Code of Iowa, except to the extent that rules allowing for the disposal of specific wastes have been adopted by the State Environmental Protection Commission.
C. Source, special nuclear, or by-product material as defined in the Atomic Energy Act of 1954, as amended to January 1, 1979.
D. Petroleum contaminated soil that has been remediated to acceptable State or federal standards.
E. Steel slag which is a product resulting from the steel manufacturing process and is managed as an item of value in a controlled manner and not as a discarded material.
16. “Trade waste” means any refuse resulting from the prosecution of any trade, business, industry, commercial venture (including farming and ranching), or utility or service activity, and any governmental or institutional activity, whether or not for profit.
17. “Deliverable address” means an address that exists within the comprehensive list of mailable addresses in the United States Postal Service Address Management System.
It is the duty of each owner to provide for the sanitary disposal of all refuse accumulating on the owner’s premises before it becomes a nuisance. Any such accumulation remaining on any premises for a period of more than 30 days shall be deemed a nuisance and the City may proceed to abate such nuisances in accordance with the provisions of Chapter 50 or by initiating proper action in district court.
(Code of Iowa, Ch. 657)
It is unlawful for any person to permit to accumulate on any premises, improved or vacant, or on any public place, such quantities of solid waste that constitute a health, sanitation or fire hazard.
No person shall allow, cause or permit open burning of combustible materials where the products of combustion are emitted into the open air without passing through a chimney or stack, except that open burning is permitted in the following circumstances:
(IAC, 567-23.2[455B] and 567-100.2)
1. Disaster Rubbish. The open burning of rubbish, including landscape waste, for the duration of the community disaster period in cases where an officially declared emergency condition exists, provided that the burning of any structures or demolished structures is conducted in accordance with 40 CFR Section 61.145.
(IAC, 567-23.2[3a])
2. Trees and Tree Trimmings. The open burning of trees and tree trimmings at a City-operated burning site, provided such burning is conducted in compliance with the rules established by the State Department of Natural Resources.
(IAC, 567-23.2[3b])
3. Flare Stacks. The open burning or flaring of waste gases, provided such open burning or flaring is conducted in compliance with applicable rules of the State Department of Natural Resources.
(IAC, 567-23.2[3c])
4. Landscape Waste. The disposal by open burning of landscape waste originating on the premises is permitted only on the last Thursday, Friday, and Saturday in April and the first Thursday, Friday and Saturday in May in the spring. In the autumn, burning will be permitted on the last Thursday, Friday, and Saturday in October (excluding October 31) and the first Thursday, Friday and Saturday in November. This will be permitted only during the hours of 7:00 a.m. to 9:00 p.m.
(IAC, 567-23.2[3d])
5. Recreational Fires. Open fires for cooking, heating, recreation, and ceremonies, provided they comply with the limits for emission of visible air contaminants established by the State Department of Natural Resources. Rubber tires shall not be burned in a recreational fire.
(IAC, 567-23.2[3e])
6. Training Fires. Fires set for the purpose of conducting bona fide training of public or industrial employees in firefighting methods, provided that the training fires are conducted in compliance with rules established by the State Department of Natural Resources.
(IAC, 567-23.2[3g])
7. Pesticide Containers and Seed Corn Bags. The disposal by open burning of paper or plastic pesticide containers (except those formerly containing organic forms of beryllium, selenium, mercury, lead, cadmium or arsenic) and seed corn bags resulting from farming activities occurring on the premises if burned in accordance with rules established by the State Department of Natural Resources.
(IAC, 567-23.2[3h])
8. Agricultural Structures. The open burning of agricultural structures if in accordance with rules and limitations established by the State Department of Natural Resources.
(IAC, 567-23.2[3i])
9. Controlled Burning of a Demolished Building. The controlled burning of a demolished building by the City, subject to approval of the Council, provided that the controlled burning is conducted in accordance with rules and limitations established by the State Department of Natural Resources.
(IAC, 567-23.2[3j])
10. Variance. Any person wishing to conduct open burning of materials not permitted herein may make application for a variance to the Director of the State Department of Natural Resources.
(IAC, 567-23.2[2])
1. All yard waste shall be separated by the owner or occupant from all other waste accumulated on the premises. As used in this section, “yard waste” means any debris such as grass clippings, leaves, garden waste, brush and trees. Yard waste does not include tree stumps. This section does not prohibit the use of yard waste as a land cover or as soil conditioning material.
2. Yard waste, including tree stumps, may be hauled to a burning/composting site operated by the City or to the County Landfill for disposal. No other wastes, except biodegradable bags, may be deposited at the burn site. Violation of this subsection is a municipal infraction and may be classified as an environmental violation.
Recyclable materials shall be segregated from other solid waste when set out for collection. It is illegal to include in any accumulation of solid waste set out for collection any recyclable materials. All recyclable materials set out for collection shall be contained in such containers as shall, from time to time, be prescribed or permitted by resolution of the Council.
No person shall discard any litter onto or in any water or land, except that nothing in this section shall be construed to affect the authorized collection and discarding of such litter in or on areas or receptacles provided for such purpose. When litter is discarded from a motor vehicle, the driver of the motor vehicle shall be responsible for the act in any case where doubt exists as to which occupant of the motor vehicle actually discarded the litter.
(Code of Iowa, Sec. 455B.363)
No person shall deposit in a solid waste container or otherwise offer for collection any toxic or hazardous waste. Such materials shall be transported and disposed of as prescribed by the Director of the State Department of Natural Resources. As used in this section, “toxic and hazardous waste” means waste materials, including (but not limited to) poisons, pesticides, herbicides, acids, caustics, pathological waste, flammable or explosive materials, and similar harmful waste that requires special handling and that must be disposed of in such a manner as to conserve the environment and protect the public health and safety.
(IAC, 567-100.2)
(IAC, 567-102.13[2] and 400-27.14[2])
Every person owning, managing, operating, leasing, or renting any premises, dwelling unit or any place where refuse accumulates shall provide and at all times maintain in good order and repair portable containers for refuse in accordance with the following:
1. Container Specifications. Waste storage containers shall comply with the following specifications:
A. Residential. Residential waste containers, whether they are reusable, portable containers or heavy-duty disposable garbage bags, shall be of not less than 20gallons or more than 35 gallons in nominal capacity, and shall be leak-proof and waterproof. The total weight of any container and contents shall not exceed 75 pounds. Disposable containers shall be kept securely fastened and shall be of sufficient strength to maintain integrity when lifted, and reusable containers shall be in conformity with the following:
(1) Be fitted with a fly-tight lid that shall be kept in place except when depositing or removing the contents of the container.
(2) Have handles, bails, or other suitable lifting devices or features.
(3) Be of a type originally manufactured for the storage of residential waste with tapered sides for easy emptying.
(4) Be of lightweight and sturdy construction.
Galvanized metal containers, rubber or fiberglass containers, and plastic containers that do not become brittle in cold weather may be used.
B. Commercial. Every person owning, managing, operating, leasing or renting any commercial premises where an excessive amount of refuse accumulates and where its storage in portable containers as required above is impractical, shall maintain metal bulk storage containers approved by the City.
2. Storage of Containers. Residential solid waste containers shall be stored upon the residential premises. Commercial solid waste containers shall be stored upon private property, unless the owner has been granted written permission from the City to use public property for such purposes. The storage site shall be well drained and fully accessible to collection equipment, public health personnel, and fire inspection personnel. All owners of residential and commercial premises shall be responsible for proper storage of all garbage and yard waste to prevent materials from being blown or scattered around neighboring yards and streets.
3. Location of Containers for Collection. Containers for the storage of solid waste awaiting collection shall be placed outdoors at some easily accessible place by the owner or occupant of the premises served.
4. Nonconforming Containers. Solid waste placed in containers that are not in compliance with the provisions of this section will not be collected.
It is unlawful for any person to:
1. Unlawful Use of Containers. Deposit refuse in any solid waste containers not owned by such person without the written consent of the owner of such containers.
2. Interfere with Collectors. Interfere in any manner with solid waste collection equipment or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors be those of the City, or those of any other authorized waste collection service.
3. Incinerators. Burn rubbish or garbage except in incinerators designed for high temperature operation, in which solid, semisolid, liquid, or gaseous combustible refuse is ignited and burned efficiently, and from which the solid residues contain little or no combustible material, as acceptable to the Environmental Protection Commission.
4. Scavenging. Take or collect any solid waste that has been placed out for collection on any premises, unless such person is an authorized solid waste collector.
The sanitary landfill facilities operated by Benton County are hereby designated as the official “Public Sanitary Disposal Project” for the disposal of solid waste produced or originating within the City.
The City shall provide by contract for the collection of solid waste, except bulky rubbish as provided in Section 106.05, from residential premises only. The owners or operators of commercial, industrial, or institutional premises shall provide for the collection of solid waste produced upon such premises.
Vehicles or containers used for the collection and transportation of garbage and similar putrescible waste or solid waste containing such materials shall be leak-proof, durable and of easily cleanable construction. They shall be cleaned to prevent nuisances, pollution, or insect breeding and shall be maintained in good repair.
(IAC, 567-104.9[455B])
Vehicles or containers used for the collection and transportation of any solid waste shall be loaded and moved in such a manner that the contents will not fall, leak, or spill therefrom, and shall be covered to prevent blowing or loss of material. Where spillage does occur, the material shall be picked up immediately by the collector or transporter and returned to the vehicle or container and the area properly cleaned.
All solid waste shall be collected from residential premises at least once each week and from commercial, industrial and institutional premises as frequently as may be necessary, but not less than once each week.
Solid waste collectors are hereby authorized to enter upon private property for the purpose of collecting solid waste, as required by this chapter; however, solid waste collectors shall not enter dwelling units or other residential buildings.
No person shall engage in the business of collecting, transporting, processing or disposing of solid waste from residential premises for the City without first entering into a contract with the City. This section does not prohibit an owner from transporting solid waste accumulating upon premises owned, occupied or used by such owner, provided such refuse is disposed of properly in an approved sanitary disposal project. Furthermore, a contract is not required for the removal, hauling, or disposal of earth and rock material from grading or excavation activities, provided that all such materials are conveyed in tight vehicles, trucks or receptacles so constructed and maintained that none of the material being transported is spilled upon any public right-of-way.
The collection and disposal of solid waste as provided by this chapter are declared to be beneficial to the property served or eligible to be served and there shall be levied and collected fees for the same, in accordance with the following:
(Goreham vs. Des Moines, 1970, 179 NW 2nd, 449)
1. Payment of Bills. All fees are due and payable under the same terms and conditions provided for payment of a combined service account as contained in Section 92.04 of this Code of Ordinances. Solid waste collection service may be discontinued in accordance with the provisions contained in Section 92.05 if the combined service account becomes delinquent, and the provisions contained in Section 92.08 relating to lien notices shall also apply in the event of a delinquent account.
2. Rate Established. The solid waste collection and disposal, recycling and reduction and bulky waste disposal rate for each dwelling unit (household) is established per dwelling unit (household). Such rate shall be $10.63 per month.
3. Temporary Vacancy. During a period when service is temporarily discontinued for an extended period of time as provided in Section 92.10 for water service, the property owner may also request collection services be temporarily discontinued. During such period of discontinuance there shall be no monthly service charge.
The disposal of solid waste as provided by this chapter is declared to be a benefit to the users of the Benton County Landfill and the City burning site for trees and tree trimmings who reside in or operate a business within the City, and there shall be levied and collected a fee therefor in accordance with the following:
1. Collection Charges. The fee shall be due and payable under the same terms and conditions provided for payment of a combined service account as contained in Section 92.04 of this Code of Ordinances. Solid waste collection service may be discontinued in accordance with the provisions contained in Section 92.05 if the combined service account becomes delinquent, and the provisions contained in Section 92.08 relating to lien notices shall also apply in the event of a delinquent account.
2. Rate Established. The landfill fee is established per deliverable address. The rate shall be $19.95 per month.
Except as provided for in Section 92.07 of this Code of Ordinances, the owner of the premises served and any lessee or tenant thereof are jointly and severally liable for fees for solid waste collection and disposal. Fees remaining unpaid and delinquent shall constitute a lien upon the property or premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes.
(Code of Iowa, Sec. 384.84)
There is hereby granted to INTERSTATE POWER & LIGHT COMPANY, hereinafter referred to as the “Company,” its successors and assigns, the right, franchise and privilege for the term of 25 years from and after the passage, adoption, approval and acceptance of the ordinance codified by this chapter,† to lay down, maintain and operate the necessary pipes, mains and other conductors and appliances in, along and under the streets, avenues, alleys and public places in the City, as now or hereafter constituted, for the purpose of distributing, supplying and selling gas to said City and the residents thereof and to persons and corporations beyond the limits thereof; the franchise also includes the right of eminent domain as provided in Section 364.2 of the Code of Iowa. The term “gas” as used in this chapter shall be construed to mean natural gas only.
The mains and pipes of the Company must be so placed as not to interfere unnecessarily with water pipes, drains, sewers and fire plugs which have been or may hereafter be placed in any street, alley and public places in said City or unnecessarily interfere with the proper use of the same, including ordinary drainage, or with the sewers, underground pipe and other property of the City, and the Company, its successors and assigns shall hold the City free and harmless from all damages arising from the negligent acts or omissions of the Company in the laying down, operation and maintenance of said natural gas distribution system.
In making any excavations in any street, alley, avenue or public place, Company, its successors and assigns, shall protect the site while work is in progress by guards, barriers or signals, shall not unnecessarily obstruct the use of the streets, shall back fill all openings in such manner as to prevent settling or depressions in surface, and shall replace the surface, pavement or sidewalk of such excavations with same materials, restoring the condition as nearly as practical and if defects are caused shall repair the same.
Said Company, its successors and assigns shall throughout the term of the franchise distribute to all consumers gas of good quality and shall furnish uninterrupted service, except as interruptible service may be specifically contracted for with consumers; provided, however, that any prevention of service caused by fire, act of God or unavoidable event or accident shall not be a breach of this condition if the Company resumes service as quickly as is reasonably practical after the happening of the act causing the interruption.
The franchise granted by this chapter shall not be exclusive.
The Company shall collect a franchise fee of one percent on the gross receipts from the sale of natural gas for customers within the limits of the City. The Company shall commence collecting the one percent franchise fee on the date of January 1 or July 1, following six months from the date the acceptance of the franchise by the Company is filed with the City Clerk. Collection of the franchise fee shall cease at the end of the franchise term. The franchise fee shall be added on to the charges incurred by the Company’s customers for the purchase of natural gas within the limits of the City.
The franchise fee shall be applied to all customers’ bills in accordance with current Iowa law. The amount of the franchise fee shall be shown separately on the utility bill to each customer. The Company shall not grant exemptions of the franchise fee beyond that granted by the Code of Iowa.
Upon receipt of a final and unappealable order or approval authorizing annexation, or changes in the limits of said City, the City Clerk shall provide written notification to an officer of Company of such annexation or change in the limits of said City, and the Company shall apply the franchise fee to its customers who are affected by the annexation or change in the limits of the City, commencing six months from receipt of the written notice.
The Company shall remit collected franchise fees to the City on a quarterly basis, within 30 days after last day of the last revenue month of the quarter.
Said franchise fee shall be in lieu of any other payments to the City for the Company’s use of streets, avenues, alleys and public places in the said City and other administrative or regulatory costs with regard to said franchise; and said pipes, mains, and other conductors and appliances in, along and under the streets, avenues, alleys and public places in the said City for the purpose of distributing, supplying and selling gas to said City and the residents thereof and to persons and corporations beyond the limits thereof shall be exempt from any special tax, assessment, license or rental charge during the entire term of this franchise.
The term of the franchise granted by this chapter and the rights granted thereunder shall continue for the period of 25 years from and after its acceptance by the said Company, as herein provided.
This chapter sets forth and constitutes the entire agreement between the Company and the City with respect to the rights contained herein, and may not be superseded, modified or otherwise amended without the approval and acceptance of the Company. Notwithstanding the foregoing, in no event shall the City enact any ordinance or place any limitations, either operationally or through the assessment of fees other than those approved and accepted by the Company within this chapter that create additional burdens upon the Company or which delay utility operations.
The following words and phrases, when used herein, shall, for the purposes of this chapter, have the meanings ascribed to them in this section:
- “Basic cable” is the lowest priced tier of cable service that includes the retransmission of local broadcast television signals.
- “Cable Act” means Title VI of the Communications Act of 1934, as amended.
- “Cable services” means: (i) the one-way transmission to subscribers of video programming or other programming service; and (ii) subscriber interaction, if any, which is required for the selection or use of such video programming or any other programming service.
- “Cable system” means the Grantee’s facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple customers within the service area.
- “FCC” means Federal Communications Commission or successor governmental entity thereto.
- “Grantee” means MCC Iowa LLC, or the lawful successor, transferee or assignee thereof.
- “Gross revenue” means any revenue received by the Grantee from the operation of the cable system to provide cable services in the service area, provided, however, that such phrase does not include: (i) any tax, fee or assessment of general applicability collected by the Grantee from subscriber for pass-through to a government agency, including the FCC User Fee; (ii) unrecovered bad debt.
- “Person” means an individual, partnership, association, joint stock company, trust, corporation or governmental entity.
- “Public way” means the surface of, and the space above and below any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, parkway, way, lane, public way, drive, circle or other public right-of-way, including, but not limited to, public utility easements, dedicated utility strips or rights-of-way dedicated for compatible uses and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the City in the service area which shall entitle the City and the Grantee to the use thereof for the purpose of installing, operating, repairing and maintaining the cable system. “Public way” also means any easement now or hereafter held by the City within the service area for the purpose of public travel, or for utility or public service use dedicated for compatible uses as determined by the City, and includes other easements or rights-of-way as shall within their proper use and meaning entitle the City and the Grantee to the use thereof for the purpose of installing and operating the Grantee’s cable system over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and pertinent to the cable system. Grantee shall not utilize areas of the public way specifically designated not to be used for utility easements.
- “Service area” means the present boundaries of the City and includes any additions thereto by annexation or other legal means, subject to the exceptions in Section 111.14.
- “Standard installation” is defined as 125 feet from the nearest tap to the subscriber’s terminal.
- “Subscriber” means a person who lawfully receives cable services of the cable system with the Grantee’s express permission.
The City hereby grants to the Grantee a nonexclusive franchise which authorizes the Grantee to construct and operate a cable system in, along, among, upon, across, above, over, under or in any manner connected with public ways within the service area and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain or retain in, on, over, under, upon, across or along any public way such facilities and equipment as may be necessary or appurtenant to the cable system.
The Grantee agrees to comply with the terms of any lawfully adopted generally applicable local ordinance, to the extent that the provisions of the ordinance do not have the effect of limiting the benefits or expanding the obligations of the Grantee that are granted by the franchise. Neither party may unilaterally alter the materials rights and obligations set forth in the franchise. In the event of a conflict between any ordinance and the franchise, the franchise shall control, provided however that the Grantee agrees that it is subject to the lawful exercise of the police power of the City.
The City shall not authorize or permit any person providing video programming services to enter into the City’s public ways in any part of the service area on terms or conditions more favorable or less burdensome to such person than those applied to the Grantee pursuant to this franchise, in order that one operator not be granted an unfair competitive advantage over another, and to provide all parties equal protection under the law.
The franchise granted hereunder shall be for an initial term of 15 years commencing on the effective date of the franchise†, unless otherwise lawfully terminated in accordance with the terms of this chapter.
The cable system installed by the Grantee pursuant to the terms hereof shall be located so as to cause a minimum of interference with the proper use of public ways and with the rights and reasonable convenience of property owners who own property that adjoins any such public ways.
If during the course of Grantee’s construction, operation or maintenance of the cable system there occurs a disturbance of any public way by the Grantee, the Grantee shall replace and restore such public way to a condition reasonably comparable to the condition of the public way existing immediately prior to such disturbance.
Upon its receipt of reasonable advance notice, to be not less than five business days, the Grantee shall protect, support, raise, lower, temporarily disconnect, relocate in or remove from the public way any property of the Grantee when lawfully required by the City by reason of traffic conditions, public safety, street abandonment, freeway and street construction, change or establishment of street grade, installation of sewers, drains, gas or water pipes or any other type of public structures or improvements which are not used to compete with the Grantee’s services. The Grantee shall in all cases have the right of abandonment of its property.
The Grantee shall, on the request of any person holding a lawful permit issued by the City, protect, support, raise, lower, temporarily disconnect, relocate in or remove from the public way as necessary any property of the Grantee, provided: (i) the expense of such is paid by the person benefiting from the relocation, including, if required by the Grantee, making such payment in advance; and (ii) the Grantee is given reasonable advance written notice to prepare for such changes. For purposes of this subsection, “reasonable advance written notice” shall be no less than 10 business days in the event of a temporary relocation, and no less than 120 days for a permanent relocation.
The Grantee shall have the authority to trim trees or other natural growth under the supervision of the City Street Superintendent in order to access and maintain the cable system.
Construction, operation and maintenance of the cable system shall be performed in an orderly and workmanlike manner. All such work shall be performed in substantial accordance with generally applicable federal, State and local regulations and the National Electric Safety Code. The cable system shall not endanger or unreasonably interfere with the safety of persons or property in the service area.
In those areas of the service area where all of the transmission or distribution facilities of the respective public utilities providing telephone communications and electric services are underground, the Grantee likewise shall construct, operate and maintain all of its cable system underground. Nothing contained in this section shall require the Grantee to construct, operate and maintain underground any ground-mounted appurtenances.
The City agrees to include the Grantee in the platting process for any new subdivision. At a minimum, the City agrees to require as a condition of issuing a permit for open trenching to any utility or developer that: (i) the utility or developer give the Grantee at least 10 days’ advance written notice of the availability of the open trench; and (ii) the utility or developer provide the Grantee with reasonable access to the open trench. The requirements of this section shall not apply if the trench being competed will only include water distribution facilities.
It is the obligation of the Grantee to serve all residents in the service area except to the extent that density of homes, adverse terrain or other factors render providing service impracticable, technically unfeasible or economically non-compensatory. Whenever the Grantee receives a request for cable service from a subscriber in a contiguous unserved area where there are at least 10 residences within 1,320 cable-bearing strand feet (one-quarter cable mile) from the portion of the Grantee’s trunk or distribution cable which is to be extended, it shall extend its cable system to such subscribers at no cost to said subscribers for cable system extension, other than the published standard/non-standard installation fees charged to all subscribers. Notwithstanding the foregoing, the Grantee shall have the right, but not the obligation, to extend the cable system into any portion of the service area where another operator is providing cable service, into any annexed area which is not contiguous to the present service area of the Grantee, or into any area which is financially or technically infeasible due to extraordinary circumstances, such as a runway or freeway crossing.
No subscriber shall be refused service arbitrarily. However, if an area does not meet the density requirements of Section 111.14, the Grantee shall only be required to extend the cable system to subscribers in that area if the subscribers are willing to share the capital costs of extending the cable system. Specifically, the Grantee shall contribute a capital amount equal to the construction cost per mile, multiplied by a fraction whose numerator equals the actual number of residences per 1,320 cable-bearing strand feet from the Grantee’s trunk or distribution cable, and whose denominator equals 10. Subscribers who request service hereunder will bear the remaining cost to extend the cable system on a pro rata basis. The Grantee may require that payment of the capital contribution in aid of construction borne by such potential subscribers be paid in advance. Subscribers shall also be responsible for any standard/non-standard installation charges to extend the cable system from the tap to the residence.
The Grantee, upon request, shall provide without charge a standard installation and one outlet of basic cable to those administrative buildings owned or occupied by the City, fire stations, police stations and accredited K-12 schools, the Senior Center, Iowa Braille and Sight Saving School, the Recreation Center and the Kirkwood Education Center if passed by its cable system. The cable service provided shall not be distributed beyond the originally installed outlet without authorization from the Grantee. The cable service provided shall not be used for commercial purposes and such outlets shall not be located in areas open to the public. The City shall take reasonable precautions to prevent any use of the Grantee’s cable system in any manner that results in the inappropriate use thereof or any loss or damage to the cable system. The City shall hold the Grantee harmless from any and all liability or claims arising out of the provision and use of cable service required by this section. The Grantee shall not be required to provide an outlet to such buildings where a non-standard installation is required, unless the City or building owner/occupant agrees to pay the incremental cost of any necessary cable system extension and/or non-standard installation. If additional outlets of basic cable are provided to such buildings, the building owner/occupant shall pay the usual installation and service fees associated therewith.
The Grantee provides an Emergency Alert System (EAS) and the City shall permit only appropriately trained and authorized person to operate the EAS equipment and shall take reasonable precautions to prevent any use of the Grantee’s cable system in any manner that results in inappropriate use thereof, or any loss or damage to the cable system. Except to the extent expressly prohibited by law, the City shall hold the Grantee, its employees, officers and assigns harmless from any claims arising out of the use of the EAS, including, but not limited to, reasonable attorneys’ fees and costs.
If funds are available to any person using the public way for the purpose of defraying the cost of any of the foregoing, the City shall reimburse the Grantee in the same manner in which other persons affected by the requirement are reimbursed. If the funds are controlled by another governmental entity, the City shall make application for such funds on behalf of the Grantee.
The Grantee shall provide one channel for public, educational and governmental access pursuant to the provisions of the Cable Act, Section 611 (47 USC 531), to be promoted and administered by the City or its designee. The channel shall be originated from the Vinton Community High School. The Grantee shall make program origination available from one additional site requested in writing by City no later than 18 months following such request. A second educational access channel shall be provided as the Kirkwood Community College Channel. The Kirkwood channel shall continue to be provided unless or until the Grantee is unable to carry the channel on reasonable terms and conditions as determined by Grantee.
The Grantee shall not deny service, access or otherwise discriminate against subscribers, programmers, or general citizens on the basis of race, color, religion, national origin, sex, disability or age. The Grantee shall comply with the equal opportunity requirements of State and federal law. This section shall apply to the management of public, educational and government access channels for both the Grantee and the City.
The Grantee shall be required to obtain permission from pole owners to attach equipment and facilities. Nothing in this agreement shall release the Grantee from the requirement to enter into a separate pole attachment agreement to use poles owned by a utility operated by the City.
1. The Grantee shall pay to the City a franchise fee of three percent of annual gross revenues (as defined in Section 111.01 of this chapter). In accordance with the Cable Act, the 12-month period applicable under the franchise for the computation of the franchise fee shall be a calendar year. The franchise fee payment shall be due and payable within 45 days after the close of the preceding calendar year. Each payment shall be accompanied by a brief report prepared by a representative of the Grantee showing the basis for the computation.
2. Limitation on Franchise Fee Actions. The period of limitation for recovery of any franchise fee payable hereunder shall be three years from the date on which payment by the Grantee is due.
3. Right-of-Way Management Fees. City will waive all fees and costs for permits related to the management of the public right-of-way in consideration for payment of franchise fees as contained in this agreement.
1. Regulation. The City may regulate rates for the provision of basic cable and equipment as expressly permitted by federal or State law.
2. Refunds for Outages. If service is interrupted for more than 24 hours and Grantee is aware of the outage, customers may request a rebate equivalent to the prorated monthly fee for the services affected.
1. The City and the Grantee agree that any proceedings undertaken by the City that relate to the renewal of the Grantee’s franchise shall be governed by and comply with the provisions of Section 626 of the Cable Act.
2. In addition to the procedures set forth in said Section 626(a), the City agrees to notify the Grantee of its assessments regarding the identity of future cable-related community needs and interests, as well as the past performance of the Grantee under the then current franchise term. The City further agrees that such assessments shall be provided to the Grantee promptly so that the Grantee has adequate time to submit a proposal under Section 626(b) of the Cable Act and complete renewal of the franchise prior to expiration of its term.
3. Notwithstanding anything to the contrary set forth in this section, the Grantee and the City agree that at any time during the term of the then current franchise, while affording the public appropriate notice and opportunity to comment, the City and Grantee may agree to undertake and finalize informal negotiations regarding renewal of the then current franchise and the City may grant a renewal thereof.
4. The Grantee and the City consider the terms set forth in this section to be consistent with the express provisions of Section 626 of the Cable Act.
. If a renewal or extension of Grantee’s franchise is denied or the franchise is lawfully terminated, and the City either lawfully acquires ownership of the cable system or by its actions lawfully effects a transfer of ownership of the cable system to another party, any such acquisition or transfer shall be at the price determined pursuant to the provisions set forth in Section 627 of the Cable Act. The Grantee and the City agree that in the case of a final determination of a lawful revocation of the franchise, the Grantee shall be given at least 12 months to effectuate a transfer of its cable system to a qualified third party. Furthermore, the Grantee shall be authorized to continue to operate pursuant to the terms of its prior franchise during this period. If, at the end of that time, the Grantee is unsuccessful in procuring a qualified transferee or assignee of its cable system which is reasonably acceptable to the City, the Grantee and City may avail themselves of any rights they may have pursuant to federal or State law. It is further agreed that the Grantee’s continued operation of its cable system during the twelve-month period shall not be deemed to be a waiver, nor an extinguishment of, any rights of either the City or the Grantee.
The Grantee’s right, title or interest in the franchise shall not be sold, transferred, assigned or otherwise encumbered, other than to an entity controlling, controlled by or under common control with the Grantee, without the prior consent of the City, such consent not to be unreasonably withheld. No such consent shall be required, however, for a transfer in trust, by mortgage, by other hypothecation, or by assignment of any rights, title or interest of the Grantee in the franchise or cable system in order to secure indebtedness. Within 30 days after receiving the request for transfer, the City shall notify the Grantee in writing of any additional information it reasonably requires to determine the legal, financial and technical qualifications of the transferee. If the City has not taken action on the Grantee’s request for transfer within 120 days after receiving such request, consent by the City shall be deemed given.
Grantee shall adhere to the FCC Customer Service Obligations set forth in Section 76.309 of the FCC Rules and Regulations, made part of the agreement and on file at City Hall.
The City, by Council resolution, may designate the Telecommunications Commission or the City Administrator to administer the day-to-day regulatory duties available under this franchise agreement.
The Grantee agrees that the City, upon 30 days’ written notice to the Grantee, may review such of its books and records at the Grantee’s business office, during normal business hours and on a non-disruptive basis, as reasonably necessary to ensure compliance with the terms of this franchise. Such notice shall specifically reference the section of the franchise which is under review, so that the Grantee may organize the necessary books and records for easy access by the City. Alternatively, if the books and records are not easily accessible at the local office of the Grantee, the Grantee may, at its sole option, choose to pay the reasonable travel costs of the City’s representative to view the books and records at the appropriate location. The Grantee shall not be required to maintain any books and records for franchise compliance purposes longer than three years. Notwithstanding anything to the contrary set forth herein, the Grantee shall not be required to disclose information which it reasonably deems to be proprietary or confidential in nature, nor disclose books and records of any affiliate which is not providing cable service in the service area. The City agrees to treat any information disclosed by the Grantee as confidential and only to disclose it to employees, representatives and agents thereof that have a need to know, or in order to enforce the provisions hereof. The Grantee shall not be required to provide subscriber information in violation of Section 631 of the Cable Act.
The Grantee shall maintain in full force and effect, at its own cost and expense, during the term of the franchise, Commercial General Liability Insurance in the amount of $2,000,000 combined single limit for bodily injury and property damage. The City shall be designated as an additional insured. Such insurance shall be non-cancellable except upon 30 days’ prior written notice to the City. The Grantee shall provide a Certificate of Insurance showing evidence of the coverage required by this section.
The Grantee agrees to indemnify, save and hold harmless and defend the City, its officers, boards and employees, from and against any liability for damages and for any liability or claims resulting from property damage or bodily injury (including accidental death) which arise out of the Grantee’s construction, operation or maintenance of its cable system, provided that the City shall give the Grantee written notice of its obligation to indemnify the City within 10 days of receipt of a claim or action pursuant to this section. Notwithstanding the foregoing, the Grantee shall not indemnify the City for any damages, liability or claims resulting from the willful misconduct or negligence of the City.
In the event that the City believes that the Grantee has not complied with the terms of the franchise, the City shall informally discuss the matter with Grantee. If these discussions do not lead to resolution of the problem, the City shall notify the Grantee in writing of the exact nature of the alleged noncompliance.
The Grantee shall have 30 days from receipt of the notice described in Section 111.32 to: (i) respond to the City contesting the assertion of noncompliance; or (ii) to cure such default; or (iii) in the event that, by the nature of the default, such default cannot be cured within the 30-day period, initiate reasonable steps to remedy such default and notify the City of the steps being taken and the projected date that they will be completed.
In the event that the Grantee fails to respond to the notice as described in Section 111.32 pursuant to the procedures set forth in Section 111.33, or in the event that the alleged default is not remedied within 30 days or the date projected pursuant to Section 111.33(iii) above, if it intends to continue its investigation into the default, then the City shall schedule a public hearing. The City shall provide the Grantee at least 10 days’ prior written notice of such hearing, which specifies the time, place and purpose of such hearing and provide the Grantee the opportunity to be heard.
Subject to applicable federal and State law, in the event the City, after the hearing set forth in 111.34, determines that the Grantee is in default of any provision of the franchise, the City may:
1. Seek specific performance of any provision which reasonably lends itself to such remedy, as an alternative to damages; or
2. Commence an action at law for monetary damages or seek other equitable relief; or
3. In the case of a substantial default of a material provision of the franchise, seek to revoke the franchise in accordance with Section 111.36.
Should the City seek to revoke the franchise after following the procedures set forth in Sections 111.32 – 111.35, the City shall give written notice to the Grantee of its intent. The notice shall set forth the exact nature of the noncompliance. The Grantee shall have 90 days from such notice to object in writing and to state its reasons for such objection. In the event the City has not received a satisfactory response from the Grantee, it may then seek termination of the franchise at a public meeting. The City shall cause to be served upon the Grantee, at least 30 days prior to such public meeting, a written notice specifying the time and place of such meeting and stating its intent to revoke the franchise. At the designated hearing, the City shall give the Grantee an opportunity to state its position on the matter, after which it shall determine whether or not the franchise shall be revoked. The Grantee may appeal such determination to an appropriate court, which shall have the power to review the decision of the City de novo. Such appeal to the appropriate court must be taken within 60 days after the issuance of the determination of the City. The City may, at its sole discretion, take any lawful action which it deems appropriate to enforce the City’s rights under the franchise in lieu of revocation of the franchise.
The Grantee shall not be held in default under or in noncompliance with the provisions of the franchise or suffer any enforcement or penalty relating to noncompliance or default, where such noncompliance or alleged defaults occurred or were caused by circumstances reasonably beyond the ability of the Grantee to anticipate and control. This provision includes work delays caused by waiting for utility providers to service or monitor their utility poles to which Grantee’s cable system is attached, as well as unavailability of materials and/or qualified labor to perform the work necessary. Furthermore, the parties hereby agree that it is not the City’s intention to subject the Grantee to penalties, fines, forfeitures or revocation of the franchise for violations of the franchise where the violation was a good faith error that resulted in no or minimal negative impact on the subscriber within the service area, or where strict performance would result in practical difficulties and hardship to the Grantee which outweigh the benefit to be derived by the City and/or subscribers.
In any action by the City or the Grantee that is mandated or permitted under the terms hereof, such party shall act in a reasonable, expeditious and timely manner. Furthermore, in any instance where approval or consent is required under the terms hereof, such approval or consent shall not be unreasonably withheld.
This franchise constitutes the entire agreement between the Grantee and the City. Amendments to this franchise shall be mutually agreed to in writing by the parties.
Unless expressly otherwise agreed between the parties, every notice or response required by this franchise to be served upon the City or the Grantee shall be in writing, and shall be deemed to have been duly given to the required party when placed in a properly sealed and correctly addressed envelope: (i) upon receipt when hand delivered with receipt/acknowledgment; (ii) upon receipt when sent certified, registered mail; or (iii) within five business days after having been posted in the regular mail.
- Franchise Required. No person or other entity shall erect, maintain and operate plants and systems for electric light and power, heating, telegraph, cable television, district telegraph and alarm, motor bus, trolley bus, street railway or other public transit, waterworks or gasworks within the City without a franchise from the City.
(Code of Iowa, Sec. 364.2)
- User Fees. Any person or other entity operating in violation of subsection 1 of this section shall pay a user fee to the City of three percent of gross revenue derived from any sales through the distribution system within the City. Said payment is a form of rent and grants no rights to any person or other entity. Any person or other entity (whether paying a user fee or not) may be ejected from public property if operating without a franchise, and in addition, the City reserves to itself all rights and remedies it may have at law, in equity or otherwise against such persons or other entities.
- Referendum Required. No franchise or permit giving or granting to any person the right or privilege to erect, construct, operate or maintain or use any natural gas pipeline, plant or system or gasworks, or electric light and power system or works or water or cable communications system of any type within the City in order to sell or distribute or provide non-municipal natural gas or electrical power and energy or communications services to any user or consumer within the City or use the streets or alleys of the City for such purpose or to interconnect any building, structure or facility of any kind to any natural gas pipeline or system, or electrical line or system other than to the natural gas or electrical system of the City shall be given or granted unless such franchise or permit be given or granted by ordinance. No such ordinance shall be considered until after the question of the granting of any franchise necessary for such purpose and required by law shall be submitted to and approved by a majority of the qualified electors of the City at an election held for such purpose at the expense of the applicant for such franchise. However, the City Council may dispense with such election as to the grant, amendment, extension or renewal of an electric light and power, heating or gasworks franchise unless there is a valid petition requesting submission of the proposal to the voters, or the party seeking such franchise, grant, amendment, extension or renewal requests an election.
(Code of Iowa, Sec. 364.2)
- Regulatory Provisions. Franchised utilities that pay a franchise fee shall be subject to all regulatory provisions of the City to the extent that such provisions are in addition to and not in conflict with existing franchise agreements.
- Management Costs. If the City collects a franchise fee or user fee pursuant to this section, under an existing or future franchise, the City shall not also collect a fee for management costs. “Management costs” means the reasonable costs the City actually incurs in managing public rights-of-way, including fees for excavation permits.
- Franchise Not Required for City Systems. Unless a franchise has been granted under the provisions of Section 115.01(1) above, no person shall erect, construct, operate or maintain or use any natural gas pipeline, plant or system or gasworks, or electric light and power system or works or water or cable communications system within the City in order to sell or distribute or provide non-municipal natural gas or electrical power and energy or communications services to any user or consumer within the City or use the streets or alleys of the City for such purpose or interconnect any building, structure or facility of any kind to any natural gas pipeline or system or electrical line or system or communications system other than to a system of the City.
- If any person constructs, operates or maintains any natural gas pipeline, plant or system or gasworks, or electric light and power system or works or water or cable communications system or sells or distributes any natural gas or electricity or communications services within the City or makes any connection with gas or electrical lines or communications systems contrary to the provisions of this chapter, the City Attorney may commence an action in the name and on behalf of the City for suitable and appropriate legal, equitable or other relief.
1. Registration and License Required. When a franchise is not required, is inappropriate because a utility is a non-franchiseable telephone utility, including but not limited to municipal telephone utilities, or other private PROW occupiers, including a facility used for furnishing natural gas by piped distribution system, electricity, communications services not including cable television systems, or water by piped distribution system, to the public for compensation, passes through the City without local customers or serves only a small particular portion of the City with only one or a few customers, or places devices in one or a few locations on City right-of-way, easements, structures, buildings or other City property, such as personal communications services antennas and towers or satellite earth station antennas, a license and registration shall be required.
2. User Fee. Any person or other entity operating in violation of subsection 1 of this section shall pay a user fee to the City of three percent of gross revenue derived from any sales through the distribution system within the City. Said payment is a form of rent and grants no rights to any person or other entity. Any person or other entity (whether paying a user fee or not) may be ejected from public property if operating without a license, and in addition, the City reserves to itself all rights and remedies it may have at law, in equity or otherwise against such persons or other entities.
3. Information Provided. An applicant shall provide information in the form and manner requested by the City. A license shall be granted by resolution of the Council.
4. Fees. Council will determine a reasonable nondiscriminatory fee and conditions for a use license and such compensation will be disclosed in the Council resolution.
A. When management costs cannot be attributed to only one entity, those costs shall be allocated among all users of the public right-of-way, including the City itself.
B. The City, in lieu of a fee imposed under this section, shall not require in-kind services by a public utility right-of-way user, or require in-kind services as a condition of the use of the public right-of-way.
5. Conditions shall include without reiteration City responsibility for public places under Section 364.12 of the Code of Iowa and Chapter 135 and Chapter 136 of this Code of Ordinances.
No person shall manufacture for sale, import, sell, or offer or keep for sale, alcoholic liquor, wine, or beer without first securing a liquor control license, wine permit, or beer permit in accordance with the provisions of Chapter 123 of the Code of Iowa.
(Code of Iowa, Sec. 123.22, 123.122 & 123.171)
It is unlawful to manufacture for sale, sell, offer or keep for sale, possess or transport alcoholic liquor, wine or beer except upon the terms, conditions, limitations, and restrictions enumerated in Chapter 123 of the Code of Iowa, and a license or permit may be suspended or revoked or a civil penalty may be imposed for a violation thereof.
(Code of Iowa, Sec. 123.2, 123.39 & 123.50)
Upon receipt of an application for a liquor license, wine or beer permit, the Clerk may forward it to the Police Chief, who shall then conduct an investigation and submit a written report as to the truth of the facts averred in the application. The Fire Chief may also inspect the premises to determine if they conform to the requirements of the City. The Council shall not approve an application for a license or permit for any premises that does not conform to the applicable law and ordinances, resolutions, and regulations of the City.
(Code of Iowa, Sec. 123.30)
The Council shall either approve or disapprove the issuance of the liquor control license or retail wine or beer permit and shall endorse its approval or disapproval on the application, and thereafter the application, necessary fee and bond, if required, shall be forwarded to the Alcoholic Beverages Division of the State Department of Commerce for such further action as is provided by law.
(Code of Iowa, Sec. 123.32[2])
A person or club holding a liquor license or retail wine or beer permit and the person’s or club’s agents or employees shall not do any of the following:
1. Sell, dispense, or give to any intoxicated person, or one simulating intoxication, any alcoholic liquor, wine, or beer.
(Code of Iowa, Sec. 123.49[1])
2. Sell or dispense any alcoholic beverage on the premises covered by the license or permit, or permit its consumption thereon between the hours of 2:00 a.m. and 6:00 a.m. on a weekday, and between the hours of 2:00 a.m. on Sunday and 6:00 a.m. on the following Monday; however, a holder of a liquor control license or retail wine or beer permit granted the privilege of selling alcoholic liquor, wine, or beer on Sunday may sell or dispense alcoholic liquor, wine, or beer between the hours of 6:00 a.m. on Sunday and 2:00 a.m. of the following Monday, and further provided that a holder of any class of liquor control license or the holder of a Class “B” beer permit may sell or dispense alcoholic liquor, wine, or beer for consumption on the premises between the hours of 6:00 a.m. on Sunday and 2:00 a.m. on Monday when that Monday is New Year’s Day and beer for consumption off the premises between the hours of 6:00 a.m. on Sunday and 2:00 a.m. on the following Monday when that Sunday is the day before New Year’s Day.
(Code of Iowa, Sec. 123.49[2b] and 123.150)
3. Sell alcoholic beverages, wine, or beer to any person on credit, except with a bona fide credit card. This provision does not apply to sales by a club to its members, to sales by a hotel or motel to bona fide registered guests or to retail sales by the managing entity of a convention center, civic center, or events center.
(Code of Iowa, Sec. 123.49[2c])
4. Employ a person under 18 years of age in the sale or serving of alcoholic liquor, wine, or beer for consumption on the premises where sold.
(Code of Iowa, Sec. 123.49[2f])
5. In the case of a retail beer or wine permittee, knowingly allow the mixing or adding of alcohol or any alcoholic beverage to beer, wine, or any other beverage in or about the permittee’s place of business.
(Code of Iowa, Sec. 123.49[2i])
6. Knowingly permit any gambling, except in accordance with Iowa law, or knowingly permit any solicitation for immoral purposes, or immoral or disorderly conduct on the premises covered by the license or permit.
(Code of Iowa, Sec. 123.49[2a])
7. Knowingly permit or engage in any criminal activity on the premises covered by the license or permit.
(Code of Iowa, Sec. 123.49[2j])
8. Keep on premises covered by a liquor control license any alcoholic liquor in any container except the original package purchased from the Alcoholic Beverages Division of the State Department of Commerce and except mixed drinks or cocktails mixed on the premises for immediate consumption. However, mixed drinks or cocktails that are mixed on the premises and are not for immediate consumption may be consumed on the licensed premises, subject to rules adopted by the Alcoholic Beverages Division.
(Code of Iowa, Sec. 123.49[2d])
9. Reuse for packaging alcoholic liquor or wine any container or receptacle used originally for packaging alcoholic liquor or wine; or adulterate, by the addition of any substance, the contents or remaining contents of an original package of an alcoholic liquor or wine; or knowingly possess any original package that has been reused or adulterated.
(Code of Iowa, Sec. 123.49[2e])
10. Allow any person other than the licensee, permittee, or employees of the licensee or permittee to use or keep on the licensed premises any alcoholic liquor in any bottle or other container that is designed for the transporting of such beverages, except as allowed by State law.
(Code of Iowa, Sec. 123.49[2g])
11. Sell, give, possess, or otherwise supply a machine that is used to vaporize an alcoholic beverage for the purpose of being consumed in a vaporized form.
(Code of Iowa, Sec. 123.49[21])
12. Permit or allow any person under 21 years of age to remain upon licensed premises unless over 50 percent of the dollar volume of the business establishment comes from the sale and serving of prepared foods. This provision does not apply to holders of a class “C” beer permit only.
The following provisions pertain to electrical or mechanical amusement devices possessed and used in accordance with Chapter 99B of the Code of Iowa. (Said devices are allowed only in premises with a liquor control license or beer permit, as specifically authorized in said Chapter 99B.)
(Code of Iowa, Sec. 99B.57)
1. As used in this section, “registered electrical or mechanical amusement device” means an electrical or mechanical device required to be registered with the Iowa Department of Inspection and Appeals, as provided in Section 99B.53 of the Code of Iowa.
2. It is unlawful for any person under the age of 21 to participate in the operation of a registered electrical or mechanical amusement device.
3. It is unlawful for any person owning or leasing a registered electrical or mechanical amusement device, or an employee of a person owning or leasing a registered electrical or mechanical amusement device, to knowingly allow a person under the age of 21 to participate in the operation of a registered electrical or mechanical amusement device.
4. It is unlawful for any person to knowingly participate in the operation of a registered electrical or mechanical amusement device with a person under the age of 21.
For use in this chapter the following terms are defined:
(Code of Iowa, Sec. 453A.1)
- “Alternative nicotine product” means a product, not consisting of or containing tobacco, that provides for the ingestion into the body of nicotine, whether by chewing, absorbing, dissolving, inhaling, snorting, or sniffing, or by any other means. “Alternative nicotine product” does not include cigarettes, tobacco products, or vapor products, or a product that is regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Federal Food, Drug, and Cosmetic Act.
- “Cigarette” means any roll for smoking made wholly or in part of tobacco, or any substitute for tobacco, irrespective of size or shape and irrespective of tobacco or any substitute for tobacco being flavored, adulterated, or mixed with any other ingredient, where such roll has a wrapper or cover made of paper or any other material. However, cigarette shall not be construed to include cigars.
- “Place of business” means any place where cigarettes, tobacco products, alternative nicotine products, or vapor products are sold, stored, or kept for the purpose of sale or consumption by a retailer.
- “Retailer” means every person who sells, distributes or offers for sale for consumption, or possesses for the purpose of sale for consumption, cigarettes, alternative nicotine products, or vapor products, irrespective of the quantity or amount or the number of sales, or who engages in the business of selling tobacco, tobacco products, alternative nicotine products, or vapor products to ultimate consumers.
- “Self-service display” means any manner of product display, placement, or storage from which a person purchasing the product may take possession of the product, prior to purchase, without assistance from the retailer or employee of the retailer, in removing the product from a restricted access location.
- “Tobacco products” means the following: cigars; little cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco; snuff; cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos; shorts or refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or for both chewing and smoking, but does not mean cigarettes.
- “Vapor product” means any noncombustible product, which may or may not contain nicotine, that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from a solution or other substance. “Vapor product” includes an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device, and any cartridge or other container of a solution or other substance, which may or may not contain nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. “Vapor product” does not include a product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Federal Food, Drug, and Cosmetic Act.
1. Retail Cigarette Permits. It is unlawful for any person, other than a holder of a retail permit, to sell cigarettes, alternative nicotine products, or vapor products at retail and no retailer shall distribute, sell, or solicit the sale of any cigarettes, alternative nicotine products, or vapor products within the City without a valid permit for each place of business. The permit shall, at all times, be publicly displayed at the place of business so as to be easily seen by the public and the persons authorized to inspect the place of business.
(Code of Iowa, Sec. 453A.13)
2. Retail Tobacco Permits. It is unlawful for any person to engage in the business of a retailer of tobacco, tobacco products, alternative nicotine products, or vapor products at any place of business without first having received a permit as a retailer for each place of business owned or operated by the retailer.
(Code of Iowa, Sec. 453A.47A)
A retailer who holds a retail cigarette permit is not required to also obtain a retail tobacco permit. However, if a retailer only holds a retail cigarette permit and that permit is suspended, revoked, or expired, the retailer shall not sell any tobacco, tobacco products, alternative nicotine products, or vapor products, during such time.
121.03 APPLICATION
The fee for a retail cigarette or tobacco permit shall be as follows:
(Code of Iowa, Sec. 453A.13 & 453A.47A)
|
FOR PERMITS GRANTED DURING: |
FEE: |
|
July, August or September |
$ 75.00 |
|
October, November or December |
$ 56.25 |
|
January, February or March |
$ 37.50 |
|
April, May or June |
$ 18.75 |
Upon proper application and payment of the required fee, a permit shall be issued. Each permit issued shall describe clearly the place of business for which it is issued and shall be nonassignable. All permits expire on June 30 of each year. The Clerk shall submit a duplicate of any application for a permit to the Alcoholic Beverages Division of the Department of Commerce within 30 days of issuance.
A retailer may surrender an unrevoked permit and receive a refund from the City, except during April, May, or June, in accordance with the schedule of refunds as provided in Section 453A.13 or 453A.47A of the Code of Iowa.
(Code of Iowa, 453A.13 & 453A.47A)
No person shall sell, give, or otherwise supply any tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes to any person under 18 years of age. The provision of this section includes prohibiting a minor from purchasing tobacco, tobacco products, alternative nicotine products, vapor products, and cigarettes from a vending machine. If a retailer or employee of a retailer violates the provisions of this section, the Council shall, after written notice and hearing, and in addition to the other penalties fixed for such violation, assess the following:
1. For a first violation, the retailer shall be assessed a civil penalty in the amount of $300.00. Failure to pay the civil penalty as ordered under this subsection shall result in automatic suspension of the permit for a period of 14 days.
2. For a second violation within a period of two years, the retailer shall be assessed a civil penalty in the amount of $1,500.00 or the retailer’s permit shall be suspended for a period of 30 days. The retailer may select its preference in the penalty to be applied under this subsection.
3. For a third violation within a period of three years, the retailer shall be assessed a civil penalty in the amount of $1,500.00 and the retailer’s permit shall be suspended for a period of 30 days.
4. For a fourth violation within a period of three years, the retailer shall be assessed a civil penalty in the amount of $1,500.00 and the retailer’s permit shall be suspended for a period of 60 days.
5. For a fifth violation within a period of four years, the retailer’s permit shall be revoked.
The Clerk shall give 10 days’ written notice to the retailer by mailing a copy of the notice to the place of business as it appears on the application for a permit. The notice shall state the reason for the contemplated action and the time and place at which the retailer may appear and be heard.
(Code of Iowa, Sec. 453A.2, 453A.22 and 453A.36[6])
Except for the sale of cigarettes through a cigarette vending machine as provided in Section 453A.36[6] of the Code of Iowa, a retailer shall not sell or offer for sale tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes through the use of a self-service display.
(Code of Iowa, Sec. 453A.36A)
Following a written notice and an opportunity for a hearing, as provided by the Code of Iowa, the Council may also revoke a permit issued pursuant to this chapter for a violation of Division I of Chapter 453A of the Code of Iowa or any rule adopted thereunder. If a permit is revoked, a new permit shall not be issued to the permit holder for any place of business, or to any other person for the place of business at which the violation occurred, until one year has expired from the date of revocation, unless good cause to the contrary is shown to the Council. The Clerk shall report the revocation or suspension of a retail permit to the Alcoholic Beverages Division of the Department of Commerce within 30 days of the revocation or suspension.
(Code of Iowa, Sec. 453A.22)
The purpose of this chapter is to protect residents of the City against fraud, unfair competition, and intrusion into the privacy of their homes by licensing and regulating peddlers, solicitors, and transient merchants.
For use in this chapter the following terms are defined:
1. “Peddler” means any person carrying goods or merchandise who sells or offers for sale for immediate delivery such goods or merchandise from house to house or upon the public street.
2. “Solicitor” means any person who solicits or attempts to solicit from house to house or upon the public street any contribution or donation or any order for goods, services, subscriptions or merchandise to be delivered at a future date.
3. “Transient merchant” means any person who engages in a temporary or itinerant merchandising business and in the course of such business hires, leases or occupies any building or structure whatsoever, or who operates out of a vehicle that is parked anywhere within the City limits. Temporary association with a local merchant, dealer, trader or auctioneer, or conduct of such transient business in connection with, as a part of, or in the name of any local merchant, dealer, trader, or auctioneer does not exempt any person from being considered a transient merchant.
Any person engaging in peddling, soliciting or in the business of a transient merchant in the City without first obtaining a license as herein provided is in violation of this chapter.
An application in writing shall be filed with the Clerk for a license under this chapter. Such application shall set forth the applicant’s name, permanent and local address, and business address if any. The application shall also set forth the applicant’s employer, if any, and the employer’s address, the nature of the applicant’s business, the last three places of such business and the length of time sought to be covered by the license. An application fee of $50.00 shall be paid at the time of filing such application to cover the cost of investigating the facts stated therein.
The following license fees shall be paid to the Clerk prior to the issuance of any license.
1. Solicitors. In addition to the application fee for each person actually soliciting (principal or agent), a fee for the principal of $10.00 per year.
2. Peddlers or Transient Merchants. $50.00 for the length of time applied for and approved on the license.
Before a license under this chapter is issued to a transient merchant, an applicant shall provide to the Clerk evidence that the applicant has filed a bond with the Secretary of State in accordance with Chapter 9C of the Code of Iowa.
If the Clerk finds the application is completed in conformance with the requirements of this chapter, the facts stated therein are found to be correct, and the license fee paid, a license shall be issued immediately.
Each solicitor or peddler shall keep such license in possession at all times while doing business in the City and shall, upon the request of prospective customers, exhibit the license as evidence of compliance with all requirements of this chapter. Each transient merchant shall display publicly such merchant’s license in the merchant’s place of business.
Licenses issued under the provisions of this chapter are not transferable in any situation and are to be applicable only to the person filing the application.
All peddler’s and solicitor’s licenses shall provide that said licenses are in force and effect only between the hours of 8:00 a.m. and 7:00 p.m.
Following a written notice and an opportunity for a hearing, the Clerk may revoke any license issued pursuant to this chapter for the following reasons:
1. Fraudulent Statements. The licensee has made fraudulent statements in the application for the license or in the conduct of the business.
2. Violation of Law. The licensee has violated this chapter or has otherwise conducted the business in an unlawful manner.
3. Endangered Public Welfare, Health, or Safety. The licensee has conducted the business in such manner as to endanger the public welfare, safety, order, or morals.
The Clerk shall send the written notice to the licensee at the licensee’s local address. The notice shall contain particulars of the complaints against the licensee, the ordinance provisions or State statutes allegedly violated, and the date, time, and place for hearing on the matter.
The Clerk shall conduct a hearing at which both the licensee and any complainants shall be present to determine the truth of the facts alleged in the complaint and notice. Should the licensee, or authorized representative, fail to appear without good cause, the Clerk may proceed to a determination of the complaint.
The Clerk shall make and record findings of fact and conclusions of law, and shall revoke a license only when upon review of the entire record the Clerk finds clear and convincing evidence of substantial violation of this chapter or State law.
If the Clerk revokes or refuses to issue a license, the Clerk shall make a part of the record the reasons for such revocation or refusal. The licensee, or the applicant, shall have a right to a hearing before the Council at its next regular meeting. The Council may reverse, modify, or affirm the decision of the Clerk by a majority vote of the Council members present and the Clerk shall carry out the decision of the Council.
Revocation of any license shall bar the licensee from being eligible for any license under this chapter for a period of one year from the date of the revocation.
Any licensee, except in the case of a revoked license, shall be entitled to a rebate of part of the fee paid if the license is surrendered before it expires. The amount of the rebate shall be determined by dividing the total license fee by the number of days for which the license was issued and then multiplying the result by the number of full days not expired. In all cases, at least $5.00 of the original fee shall be retained by the City to cover administrative costs.
The following are excluded from the application of this chapter.
1. Newspapers. Persons delivering, collecting for, or selling subscriptions to newspapers.
2. Club Members. Members of local civic and service clubs, Boy Scout, Girl Scout, 4-H Clubs, Future Farmers of America, and similar organizations.
3. Local Residents and Farmers. Local residents and farmers who offer for sale their own products.
4. Students. Students representing the Vinton-Shellsburg School District conducting projects sponsored by organizations recognized by the school.
5. Route Sales. Route delivery persons who only incidentally solicit additional business or make special sales.
6. Resale or Institutional Use. Persons customarily calling on businesses or institutions for the purposes of selling products for resale or institutional use.
Authorized representatives of charitable or nonprofit organizations operating under the provisions of Chapter 504 of the Code of Iowa desiring to solicit money or to distribute literature are exempt from the operation of Sections 122.04 and 122.05. All such organizations are required to submit in writing to the Clerk the name and purpose of the cause for which such activities are sought, names and addresses of the officers and directors of the organization, the period during which such activities are to be carried on, and whether any commissions, fees or wages are to be charged by the solicitor and the amount thereof. If the Clerk finds that the organization is a bona fide charity or nonprofit organization, the Clerk shall issue, free of charge, a license containing the above information to the applicant. In the event the Clerk denies the exemption, the authorized representatives of the organization may appeal the decision to the Council, as provided in Section 122.14 of this chapter.
For use in this chapter, the following terms are defined:
- “Mobile home” is defined in Section 321.1 of the Code of Iowa.
- “Person” means any individual, firm, corporation, trust or any other organized group.
- “Street” means all public streets, roads, highways, alleys or other public places.
- “Structure” means any house, garage, building or shelter which, when transported on the streets of the City, results in total combined dimensions of the moving vehicle and structure which exceed eight feet, six inches in width or 13 feet, six inches in height. The term “structure” also includes anything which when moved on the streets of the City would cause an unreasonable hazard to the safety of any person or property.
No persons shall move any structure on or over the streets of the City without a permit issued by the City Building Official.
1. An annual permit shall expire on the last day of the month one year from the date of issuance.
2. A single-trip permit shall be effective for five days.
Any person desiring such a permit shall file with the Building Official an application in writing on forms furnished by the City or IDOT Office of Motor Carrier Services (if movement includes the State primary road system). The application shall include the following:
1. The character, size and weight of the structure to be moved.
2. The purpose for which said structure is to be moved.
3. The locations from which and to which the structure is to be moved.
4. The streets over which the structure is intended to be moved.
No permit shall be issued to move any structure which:
1. Is so constructed or in such condition as to be dangerous to the occupant, user or other persons reasonably expected to be in the vicinity of the structure.
2. Is infested with pests.
3. If a dwelling or habitation is unfit for human habitation.
4. Is so unsightly or in such a condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable harm to or be materially detrimental to the surrounding properties.
5. If the proposed use is prohibited by the Zoning Ordinances of the City.
The granting of a moving permit may be limited by conditions reasonable and proper for the protection of persons and property, including (but not limited to) the following:
1. Restrictions on the public streets or other public property over which the structure shall be moved.
2. Requirements of changes, alterations, additions or repairs to be made to the structure, to the end that the relocation thereof will not be materially detrimental or injurious to public safety, or to public welfare, or to the property and improvements in the area to which it is moved.
3. Requiring an escort when the width of the vehicle with load exceeds roadway lane width (one-half traveled portion of the road), the height of the vehicle and load exceeds 14 feet, 4 inches, or the length of the vehicle with load exceeds 100 feet.
4. Hours of moving.
5. Warning devices, lighting and barricades.
Public liability insurance in the amounts of $100,000.00 bodily injury each person, $200,000.00 bodily injury each occurrence, and $50,000.00 property damage with an expiration date to cover the tenure of the annual or single-trip permit shall be required.
The City may require the applicant to file a bond, certified check or other assurance in an amount sufficient to cover the reasonably anticipated cost of damage or loss to private property, either real or personal, likely to be caused by or arising out of the movement of the vehicle and load or to ensure compliance with permit provisions.
The fee for the issuance of a moving permit hereunder shall be set by resolution of the Council to reflect annual and single trip permit fees established by IDOT for movement of vehicles with oversize indivisible loads.
Whenever in moving any building it is necessary to cut or move any electric, telephone, traffic or other wire, pole or fixture, a notice shall be given by the person holding a permit, issued under this chapter, for the moving of the building to such owner at least 48 hours before the time required for such cutting or moving. The expense of cutting or removing such wires, poles or fixtures, or supervising the same, shall be paid by the moving contractor. The permittee shall protect all paved streets, sidewalks, poles and other City property and, if damaged, repair the same.
1. Moving Through City. When a structure is to be moved through the City to a point outside the City, and the person moving the structure has been issued a moving permit by the State of Iowa, the Building Official may exempt such persons from the requirements of this chapter if it appears that no damage will be done to the property of the City or its citizens as a result of such move.
2. Mobile Homes within the City. When a mobile home is to be moved from outside the City to a mobile home park within the City having a certificate of use and occupancy, or from one such mobile home park within the City to another such mobile home park, the Building Official may exempt the mover from the requirements of this chapter if it appears that no damage will be done to the property of the City or its citizens as a result of such move.
Compliance with the provisions of this chapter shall not excuse the applicant from complying with the requirements of Chapter 155 of this Code, including the requirement of obtaining a building permit under the provisions of said Chapter 155.
Any person aggrieved by the refusal to grant a permit hereunder shall have the right to appeal to the City Council. Upon review by the Council, if the Council finds that the permit should have been granted, it shall direct the Building Official to issue the permit. If Council finds the denial of a permit was appropriate, it shall affirm the decision of the Building Official.
No general contractor or excavator shall do business within the City without first obtaining a license in accordance with the provisions of this chapter.
The City Administrator shall be responsible for the administration of the provisions of this chapter, except that the Clerk shall maintain a record of all licenses issued and renewed. The Building and Housing Board of Appeals shall meet as necessary to review and make recommendations to Council of the effectiveness of the licensing program.
2. Any person aggrieved by refusal to grant a license hereunder shall have the right to appeal to the Council. Upon review by the Council, if Council finds that the license should have been granted, it shall direct the City Administrator to issue the license. If Council finds that denial of a license was appropriate, it shall affirm the decision of the City Administrator.
Application for a general contractor’s license shall be made to the Clerk on forms furnished by the City, and a license shall be issued in accordance with the following:
1. Insurance. The applicant shall file a certificate of insurance indicating the applicant is carrying liability insurance in the amount of $300,000.00 general aggregate, $300,000.00 products and completed operations aggregate, and $100,000.00 each occurrence. The City shall be named as an additional insured. The policy shall also provide for at least 30 days’ notice by the insurer to the City of termination of the policy by the insured or insurer.
2. License Issuance and Renewal. Upon approval of the applicant’s qualifications and payment of a license fee in an amount set by resolution of the Council, the license shall be issued. All licenses shall expire on December 31 of each year and may be renewed annually upon payment of the license fee.
It is unlawful for a license holder to loan or transfer the license to another, either directly or indirectly.
A license may not be revoked summarily without good cause and notice and opportunity for a hearing.
1. A license may be revoked and suspended for good cause if:
A. It was obtained through willful nondisclosure, misstatement or misrepresentation of a material fact, or
B. Continuous violation of the Codes reasonably demonstrates lack of sufficient knowledge of Codes and possession of the necessary occupational skills.
2. No order of license revocation or suspension shall be lawful unless the following requirements have been satisfied.
A. The licensee shall be served with written notice containing assertions of fact or conduct which warrant the intended action, reference to ordinance provisions allegedly violated, and specification of the time, place and nature of the hearing.
B. The Building and Housing Board of Appeals shall conduct a public hearing, subject to appellate review by the City Council, for the purpose of resolving those issues of law and fact arising out of the individual case. Should the licensee or an authorized representative fails to appear without good cause, the Board may proceed, in such absence, to a determination of the issues.
C. The licensee shall have the right to be represented by counsel, to testify and present witnesses in his or her own behalf, and to cross-examine adverse witnesses.
D. The Board shall make and record findings of fact and conclusions of law and shall issue an order of suspension or revocation only when, upon review of the entire record, it finds clear and convincing evidence of a substantial violation of this chapter.
3. Appeal. In the event any person shall feel aggrieved by any action of the Board, such person may appeal to the City Council at its next regular meeting. All interested persons shall be given opportunity to be heard at such hearing and the City Council may affirm, modify or overrule the action of the Board. Action taken by the Board shall be affirmed by the Council if such action is supported by substantial evidence upon the whole record. A person whose license has been revoked shall not be permitted to apply for another license within one year from the date of revocation.
1. Definitions. The following definitions apply to this chapter.
A. “Excavate” means to dig, place, repair, construct or bury anything in, on or under the public right-of-way, or in any way remove or physically disturb or penetrate any part of the public right-of-way.
B. “Public right-of-way” (PROW) means the area on, below, or above a public roadway, highway, street, cart way, bicycle lane, and public sidewalk in which the City has an interest, including other dedicated PROW for travel purposes and utility easements of the City. A PROW does not include the airwaves above a PROW with regard to cellular or other non-wire telecommunications or broadcast service.
2. Excavations. The Clerk shall grant no permit required under Section 135.09 except to licensed excavators or utilities licensed or franchised by the City. Except as may be specifically provided, the requirements of this chapter do not apply to municipal departments or to municipal utilities, except municipal telephone utilities.
3. Plantings. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to burden or occupy the PROW, and shall not be required to obtain any license under this chapter. However, nothing herein relieves a person from complying with the provisions of Iowa’s “One Call” law. Additionally, nothing herein constitutes a grant of permission to permanently locate in the PROW, nor does the City waive any potential claims, counterclaims, crossclaims or interpleaders relative to persons putting plantings in the PROW that give rise to injuries or damage to others. The City may at any time require the removal or relocation of plantings at the owner’s expense.
Application for an excavator license shall be made to the Clerk on forms furnished by the City and a license shall be issued in accordance with the following:
1. Insurance Required. Each applicant shall also file a certificate of insurance indicating that the applicant is carrying public liability insurance in effect for the duration of the license, covering the acts of the license, the licensee’s agents and employees; and the City shall be named as additional insured; for the following minimum amounts. The policy shall also provide for at least 10 days’ notice by the insurer to the City of termination of the policy by the insured or insurer.
Comprehensive General Liability Insurance Limits
General Aggregate.............................................. $ 2,000,000.00
Products and Completed Operations Aggregate.... $ 2,000,000.00
Personal and Advertising Injury.......................... $ 1,000,000.00
Worker’s Compensation..................................... Statutory Amount (Iowa)
2. License Fees. Before issuing of the license, a license fee shall be paid for each excavator in an amount established by resolution of the Council. Applicable fees shall be waived in recognition of the payment of the franchise fees paid by a franchised utility or provisions of a licensing agreement providing for such waived fees with other private PROW occupiers.
3. License Expiration and Renewal. All licenses shall expire on December 31 of each year and may be renewed annually upon payment of the license fee.
It is unlawful for a person to willfully remove, throw down, destroy or carry away from any street or alley any lamp, obstruction, guard or other article or things, or extinguish any lamp or other light, erected or placed thereupon for the purpose of guarding or enclosing unsafe or dangerous places in said street or alley without the consent of the person in control thereof.
(Code of Iowa, Sec. 716.1)
It is unlawful for any person to obstruct, deface or injure any street or alley in any manner.
(Code of Iowa, Sec. 716.1)
It is unlawful for any person to throw or deposit on any street or alley any glass, glass bottle, nails, tacks, wire, cans, trash, garbage, rubbish, litter, offal, leaves, grass or any other debris likely to be washed into the storm sewer and clog the storm sewer, or any substance likely to injure any person, animal or vehicle.
(Code of Iowa, Sec. 321.369)
It is unlawful for any person to coast, sled, or play games on streets or alleys, except in the areas blocked off by the City for such purposes.
(Code of Iowa, Sec. 364.12[2])
It is unlawful for any person to travel or operate any vehicle on any street or alley temporarily closed by barricades, lights, signs, or flares placed thereon by the authority or permission of any City official, police officer or member of the Fire Department.
It is unlawful to park, store or place, temporarily or permanently, any machinery or junk or any other goods, wares, and merchandise of any kind upon any street or alley for the purpose of storage, exhibition, sale or offering same for sale, without permission of the Council.
It is unlawful for any person to use any public sidewalk, street, or alley for the purpose of washing or cleaning any automobile, truck equipment, or any vehicle of any kind when such work is done for hire or as a business. This does not prevent any person from washing or cleaning his or her own vehicle or equipment when it is lawfully parked in the street or alley.
No person shall burn any trash, leaves, rubbish, or other combustible material in any curb and gutter or on any paved or surfaced street or alley.
No person shall dig, excavate, or in any manner disturb any street, parking or alley except in accordance with the following:
1. Permit Required. No excavation shall be commenced without first obtaining a permit therefor. A permit is not required if the associated excavations are less than 18 inches deep and can be accomplished without the removal of pavement or the obstruction of a street. Planting regulated in Section 125.06(3), trees regulated in Chapter 151, and landscaping not including fountains, fencing, and boulders are exempt from the permit requirement. A written application for such permit shall be filed with the City and shall contain the following:
A. An exact description of the property, by lot and street number, in front of or along which it is desired to excavate; a map may be required; and
B. A statement of the purpose, for whom and by whom the excavation is to be made;
C. The person responsible for the refilling of said excavation and restoration of the street or alley surface; including the name, address and telephone number of the local representative; and
D. Date of commencement of the work and estimated completion date.
2. Public Convenience. Streets and alleys shall be opened in the manner that will cause the least inconvenience to the public and admit the uninterrupted passage of water along the gutter on the street.
3. Barricades, Fencing and Lighting. Adequate barricades, fencing and warning lights meeting standards specified by the City shall be so placed as to protect the public from hazard. Any costs incurred by the City in providing or maintaining adequate barricades, fencing or warning lights shall be paid to the City by the permit holder/property owner.
4. Bond Required. The applicant shall post with the City a penal bond in the minimum sum of $1,000.00 issued by a surety company authorized to issue such bonds in the State of Iowa. The bond shall guarantee the permittee’s payment for any damage done to the City or to public property, and payment of all costs incurred by the City in the course of administration of this section. In lieu of a surety bond, for seal coat and asphalt surface streets only, a cash deposit in the amount of total of time and materials provided by the City may be filed with the City for up to 160 square feet of excavation area. The price shall be $1.50 per square foot, at a $100.00 minimum. Larger areas will be prorated. The City may replace such surface for this amount deposited.
5. Restoration of Public Property. Streets, sidewalks, alleys and other public property disturbed in the course of the work shall be restored to the condition of the property prior to the commencement of the work, or in a manner satisfactory to the City, at the expense of the permit holder/property owner.
6. Inspection. All work shall be subject to inspection by the City. Backfill shall not be deemed completed, and no resurfacing of any improved street or alley surface shall begin, until such backfill is inspected and approved by the City. The permit holder/property owner shall provide the City with notice at least 24 hours prior to the time when inspection of backfill is desired.
7. Completion by the City. Should any excavation in any street or alley be discontinued or left open and unfinished for a period of 24 hours after the approved completion date, or in the event the work is improperly done, the City has the right to finish or correct the excavation work and charge any expenses for such work to the permit holder/property owner.
8. Responsibility for Costs. All costs and expenses incident to the excavation shall be borne by the permit holder and/or property owner. The permit holder and owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by such excavation.
9. Permit Fee. A permit fee in an amount set by resolution of the Council shall be payable at the time of filing the application with the City. A separate permit shall be required for each excavation. A single excavation shall be deemed to constitute all the digging necessary for a single connection, or a cut for installing a main not exceeding 100 feet in length. An additional fee in an amount set by resolution of the Council shall be required for every additional 100 feet or major fraction thereof, of main excavation.
A. Joint applicants for the same excavation (not done by City) may share in the payment of the applicable fees.
B. The City may allow applicant to pay such fees within 30 days of billing.
C. Permit fees shall be waived in recognition of the payment of franchise fees paid by a franchised utility.
10. Permit Issued. Upon approval of the application, filing of bond or deposit, and payment of any required fees, a permit shall be issued.
A. Excavators operating under a public improvement contract with the City and City departments are exempt from the permit requirement.
B. In areas of new construction of a sewer, water, gas main or telephone trunk line, residents may connect thereto without first making a deposit or paying a permit fee, said connection to be made not less than 60 days after the construction of said sewer, water, gas or other line.
C. A public right-of-way licensee that: (i) has been denied an excavator’s license; (ii) has been denied an excavation permit; (iii) has had a permit revoked; or (iv) believes that the fees imposed are invalid or excessive, may have the denial, revocation or fee imposition reviewed, upon written request, by the Council.
11. Other Obligations.
A. Iowa One Call. Neither this permit, nor exemption from this permit, relieves the excavator from compliance with the requirements of Chapter 480 of the Code of Iowa.
B. Utility Accommodation Policy on State Primary Road Rights-of-Way. IDOT restrictions on placements or prior permission, or cooperative federal, State, City jurisdictions provided by Section 306A.3 of the Code of Iowa for controlled access facilities.
C. Tunneling. No person shall tunnel under the surface of any City public right-of-way for the purpose of making any gas, sewer, steam heating pipe, underground electric, telecommunications, telephone or cable television connection without special permission from the Streets Superintendent.
The abutting property owner shall maintain all property outside the lot and property lines and inside the curb lines upon public streets and shall keep such area in a safe condition, free from nuisances, obstructions, and hazards. In the absence of a curb, such property shall extend from the property line to that portion of the public street used or improved for vehicular purposes. The abutting property owner shall not be required to remove diseased trees or dead wood on the publicly owned property or right-of-way. Maintenance includes, but is not limited to, timely mowing, trimming trees and shrubs, and picking up litter and debris. The abutting property owner may be liable for damages caused by failure to maintain the publicly owned property or right-of-way.†
(Code of Iowa, Sec. 364.12[2c])
If the abutting property owner does not perform an action required under the above section within a reasonable time, the City may perform the required action and assess the cost against the abutting property for collection in the same manner as a property tax.
(Code of Iowa, Sec. 364.12[2e])
It is unlawful for any person to throw, push, or place or cause to be thrown, pushed or placed, any ice or snow from private property, sidewalks, or driveways onto the traveled way of a street or alley so as to obstruct gutters, or impede the passage of vehicles upon the street or alley or to create a hazardous condition therein; except where, in the cleaning of large commercial drives in the business district it is absolutely necessary to move the snow onto the street or alley temporarily, such accumulation shall be removed promptly by the property owner or agent. Arrangements for the prompt removal of such accumulations shall be made prior to moving the snow.
(Code of Iowa, Sec. 364.12[2])
The property owner shall, at the owner’s expense, install any culvert deemed necessary under any driveway or any other access to the owner’s property, and before installing a culvert, permission must first be obtained from the City. In the event repairs are needed at any time with respect to culverts, it shall be the responsibility of the property owner to make such repairs, and, in the event the owner fails to do so, the City shall have the right to make the repairs. If the property owner fails to reimburse the City for the cost of said repairs, the cost shall be certified to the County Treasurer and specially assessed against the property as by law provided.
The purpose of this chapter is to enhance safe passage by citizens on sidewalks, to place the responsibility for the maintenance, repair, replacement, or reconstruction of sidewalks upon the abutting property owner and to minimize the liability of the City.
For use in this chapter the following terms are defined:
1. “Broom finish” means a sidewalk finish that is made by sweeping the sidewalk when it is hardening.
2. “Established grade” means that grade established by the City for the particular area in which a sidewalk is to be constructed.
3. “One-course construction” means that the full thickness of the concrete is placed at one time, using the same mixture throughout.
4. “Owner” means the person owning the fee title to property abutting any sidewalk and includes any contract purchaser for purposes of notification required herein. For all other purposes, “owner” includes the lessee, if any.
5. “Portland cement” means any type of cement except bituminous cement.
6. “Sidewalk” means all permanent public walks in business, residential or suburban areas.
7. “Sidewalk improvements” means the construction, reconstruction, repair, replacement, or removal, of a public sidewalk and/or the excavating, filling or depositing of material in the public right-of-way in connection therewith.
8. “Wood float finish” means a sidewalk finish that is made by smoothing the surface of the sidewalk with a wooden trowel.
The abutting property owner shall remove snow, ice, and accumulations promptly from sidewalks. If a property owner does not remove snow, ice, or accumulations within a reasonable time, the City may do so and assess the costs against the property owner for collection in the same manner as a property tax. The abutting property owner may be liable for damages caused by failure to remove snow, ice, and accumulations promptly from the sidewalk.
(Code of Iowa, Sec. 364.12[2b & e])
The abutting property owner shall maintain in a safe and hazard-free condition any sidewalk outside the lot and property lines and inside the curb lines or, in the absence of a curb, any sidewalk between the property line and that portion of the public street used or improved for vehicular purposes. The abutting property owner may be liable for damages caused by failure to maintain the sidewalk.
(Code of Iowa, Sec. 364.12[2c])
If the abutting property owner does not maintain sidewalks as required, the City Administrator may serve notice on the abutting property owner, by certified mail to the property owner as shown by the records of the County Auditor, requiring the abutting property owner to repair, replace or reconstruct sidewalks. If the abutting property owner does not perform an action required under this section within a reasonable time, the City may perform the required action and assess the costs against the abutting property for collection in the same manner as a property tax. This does not relieve the abutting property owner of liability imposed under Section 136.03.
(Code of Iowa, Sec. 364.12[2d & e])
The Council may order the construction of permanent sidewalks upon any street or court in the City and may specially assess the cost of such improvement to abutting property owners in accordance with the provisions of Chapter 384 of the Code of Iowa.
(Code of Iowa, Sec. 384.38)
No person shall remove, reconstruct or install a sidewalk unless such person has obtained approval from the Street Superintendent and has agreed that said removal, reconstruction, or installation will comply with all ordinances and requirements of the City for such work. Sidewalk plans and construction will be reviewed and approved by the Street Superintendent.
Sidewalks repaired, replaced, or constructed under the provisions of this chapter shall be of the following construction and meet the following standards:
1. Cement. Portland cement shall be the only cement used in the construction and repair of sidewalks.
2. Construction. Sidewalks shall be of one-course construction.
3. Sidewalk Base. Concrete may be placed directly on compact and well-drained soil. Where soil is not well drained, a three-inch sub-base of compact, clean, coarse gravel or sand shall be laid. The adequacy of the soil drainage is to be determined by the City.
4. Sidewalk Bed. The sidewalk bed shall be so graded that the constructed sidewalk will be at established grade.
5. Length, Width and Depth. Length, width and depth requirements are as follows:
A. Residential sidewalks shall be at least four feet wide and four inches thick, and each section shall be no more than four feet in length.
B. Business District sidewalks shall extend from the property line to the curb. Each section shall be four inches thick and no more than six feet in length.
C. Driveway areas shall be not less than six inches in thickness.
6. Location. Residential sidewalks shall be located with the inner edge (edge nearest the abutting private property) within one foot of the property line, unless the Council establishes a different distance due to special circumstances.
7. Grade. Curb tops shall be on level with the centerline of the street, which is the established grade.
8. Elevations. The street edge of a sidewalk shall be at an elevation even with the curb at the curb or not less than one-half inch above the curb for each foot between the curb and the sidewalk.
9. Slope. All sidewalks shall slope one-fourth inch per foot toward the curb.
10. Finish. All sidewalks shall be finished with a broom finish or wood float finish.
11. Curb Ramps and Sloped Areas for Persons with Disabilities. If a street, road, or highway is newly built or reconstructed, a curb ramp or sloped area shall be constructed or installed at each intersection of the street, road, or highway with a sidewalk or path. If a sidewalk or path is newly built or reconstructed, a curb ramp or sloped area shall be constructed or installed at each intersection of the sidewalk or path with a street, highway, or road. Curb ramps and sloped areas that are required pursuant to this subsection shall be constructed or installed in compliance with applicable federal requirements adopted in accordance with the Federal Americans with Disabilities Act, including (but not limited to) the guidelines issued by the Federal Architectural and Transportation Barriers Compliance Board.
(Code of Iowa, Sec. 216C.9)
Whenever any material of any kind is deposited on any street, avenue, highway, passageway or alley when sidewalk improvements are being made or when any sidewalk is in a dangerous condition, it shall be the duty of all persons having an interest therein, either as the contractor or the owner, agent, or lessee of the property in front of or along which such material may be deposited, or such dangerous condition exists, to put in conspicuous places at each end of such sidewalk and at each end of any pile of material deposited in the street, a sufficient number of approved warning lights or flares, and to keep them lighted during the entire night and to erect sufficient barricades both at night and in the daytime to secure the same. The party or parties using the street for any of the purposes specified in this chapter shall be liable for all injuries or damage to persons or property arising from any wrongful act or negligence of the party or parties, or their agents or employees or for any misuse of the privileges conferred by this chapter or of any failure to comply with provisions hereof.
It is the duty of the owner of the property abutting the sidewalk, or the owner’s contractor or agent, to notify the City immediately in the event of failure or inability to make necessary sidewalk improvements or to install or erect necessary barricades as required by this chapter.
No person shall knowingly or willfully drive any vehicle upon any portion of any sidewalk or approach thereto while in the process of being improved or upon any portion of any completed sidewalk or approach thereto, or shall remove or destroy any part or all of any sidewalk or approach thereto, or shall remove, destroy, mar or deface any sidewalk at any time or destroy, mar, remove or deface any notice provided by this chapter.
It is unlawful for a person to construct or maintain any awning over any sidewalk unless it is in conformance with the Building Code. An exception to the Code may be permitted by the City Council for an awning supported from the exterior wall of the building and columns on foundations in the sidewalk. Such permit means the sidewalk must continue to be maintained for public use, and shall not be construed to mean that permission granted by Council is permanent. Such permit shall also require an indemnification and hold harmless agreement signed by the owner.
It is unlawful for a person to erect or maintain any stairs or steps to any building upon any part of any sidewalk without permission by resolution of the Council.
It is unlawful for a person to:
1. Stairs and Railings. Construct or build a stairway or passageway to any cellar or basement by occupying any part of the sidewalk, or to enclose any portion of a sidewalk with a railing without permission by resolution of the Council.
2. Openings. Keep open any cellar door, grating, or cover to any vault on any sidewalk except while in actual use with adequate guards to protect the public.
3. Protect Openings. Neglect to properly protect or barricade all openings on or within six feet of any sidewalk.
It is unlawful for a person to make a fire of any kind on any sidewalk or to place or allow any fuel to remain upon any sidewalk.
It is unlawful for a person to scatter or place any paste, paint, or writing on any sidewalk.
136.17 DEBRIS ON SIDEWALKS
It is unlawful for a person to place upon or above any sidewalk, any goods or merchandise for sale or for display in such a manner as to interfere with the free and uninterrupted passage of pedestrians on the sidewalk; in no case shall more than three feet of the sidewalk next to the building be occupied for such purposes.
It is unlawful for a person to erect or keep any vending machine or stand for the sale of fruit, vegetables or other substances or commodities on any sidewalk without first obtaining a written permit from the Council.
When, in the judgment of the Council, it would be in the best interest of the City to vacate a street, alley, portion thereof, or any public grounds, the Council may do so by ordinance in accordance with the provisions of this chapter.
(Code of
Any proposal to vacate a street, alley, portion thereof, or any public grounds shall be referred by the Council to the Planning and Zoning Commission for its study and recommendation prior to further consideration by the Council. The Commission shall submit a written report including recommendations to the Council within 30 days after the date the proposed vacation is referred to the Commission.
(Code of Iowa, Sec. 392.1)
The Council shall cause to be published a notice of public hearing of the time at which the proposal to vacate shall be considered.
No street, alley, portion thereof, or any public grounds shall be vacated unless the Council finds that:
1. Public Use. The street, alley, portion thereof, or any public ground proposed to be vacated is not needed for the use of the public, and therefore, its maintenance at public expense is no longer justified.
2. Abutting Property. The proposed vacation will not deny owners of property abutting on the street or alley reasonable access to their property.
When in the judgment of the Council it would be in the best interest of the City to dispose of a vacated street or alley, portion thereof or public ground, the Council may do so in accordance with the provisions of Section 364.7, Code of Iowa.
(Code of Iowa, Sec. 364.7)
The City may not dispose of real property by gift except to a governmental body for a public purpose or to a fair.
(Code of Iowa, Sec. 174.15[2] & 364.7[3])
The grades of all streets, alleys and sidewalks, which have been heretofore established by ordinance, are hereby confirmed, ratified, and established as official grades.
The Clerk shall maintain a record of all established grades and furnish information concerning such grades upon request.
New streets shall be assigned names in accordance with the following:
- Extension of Existing Street. Streets added to the City that are natural extensions of existing streets shall be assigned the name of the existing street.
- All street names, except streets named as a part of a subdivision or platting procedure, shall be named by resolution.
Planning and Zoning Commission. Proposed street names shall be referred to the Planning and Zoning Commission for review and recommendation.
The Council may, by resolution, change the name of a street.
Following official action naming or changing the name of a street, the Clerk shall file a copy thereof with the County Recorder, County Auditor and County Assessor.
(Code of Iowa, Sec. 354.26)
Streets within the City are named as shown on the Official Street Name Map, which is hereby adopted by reference and declared to be a part of this chapter. The Official Street Name Map shall be identified by the signature of the Mayor, and bearing the seal of the City under the following words: “This is to certify that this is the Official Street Name Map referred to in Section 139.04 of the Code of Ordinances of Vinton, Iowa.”
If in accordance with the provisions of this chapter, changes are made in street names, such changes shall be entered on the Official Street Name Map promptly after the change has been approved by the Council with an entry on the Official Street Name Map as follows: “On (date), by official action of the City Council, the following changes were made in the Official Street Name Map: (brief description),” which entry shall be signed by the Mayor and attested by the Clerk.
This chapter shall be deemed an exercise of the police power of the City under Chapter 306A, Code of Iowa, for the preservation of the public peace, health, safety and for the promotion of the general welfare.
(Code of Iowa, Sec. 306A.1)
The term “controlled access facility” means a highway or street especially designed for through traffic, and over, from or to which owners or occupants of abutting land or other persons have no right or easement or only a controlled right or easement of access, light, air, or view by reason of the fact that their property abuts upon such controlled access facility or for any other reason.
(Code of Iowa, Sec. 306A.2)
No person has any right of ingress or egress to or from abutting lands onto or across any controlled access facility, except at such designated points at which access is permitted.
(Code of Iowa, Sec. 306A.4)
There are hereby fixed and established controlled access facilities within the City, described as follows:
(Code of Iowa, Sec. 306A.3)
1. U.S. No. 218. On the Road No. U.S. 218, within the City, described as follows:
From Sta. 713 plus 07.0 to Sta. 726 plus 02.9 from Sta. 726 plus 92.9 Rt. to Sta. 757 plus 40.8 Rt. and from Sta. 757 plus 40.8 to Sta. 759 plus 67.0 in accordance with the plans for such improvement identified as Projects No. F 58 (8) and No. FG 58 (4) on file in the office of the Clerk.
On Route U.S. No. 218 from a point 126.2 feet north of Fourth Street, thence continuing north for a distance of 989.9 feet to Sta. 4 + 72.8 in accordance with the plans for such improvement identified as Project No. FN 251 on file in the office of the Clerk.
2. Iowa No. 150. On present route of Iowa No. 150 described as follows:
From the south corporation limits north for a distance of 644 feet, from Sta. 700 + 19.3 to Sta. 706 + 63 as shown on plans FN-58. Also beginning 644 feet north of the south corporation line northerly along Ave. C approximately 3,536 feet to Fourth Street, in accordance with the plans for such improvement identified as Projects No. FN-58 and No. F-58 on file in the office of the Clerk.
It is unlawful for any person to:
(Code of Iowa, Sec. 306A.3 and 321.366)
1. Cross Dividing Line. Drive a vehicle over, upon, or across any curb, central dividing section, or other separation or dividing line on such controlled access facilities.
2. Turns. Make a left turn or a semicircular or U-turn except through an opening provided for that purpose in the dividing curb section, separation, or line.
3. Use of Lanes. Drive any vehicle except in the proper lane provided for that purpose and in the proper direction and to the right of the central dividing curb, separation, section, or line.
4. Enter Facility. Drive any vehicle into the controlled access facility from a local service road except through an opening provided for that purpose in the dividing curb or dividing section or dividing line that separates such service road from the controlled access facility property.
The parking of vehicles on or along controlled access facilities is restricted as follows:
1. Minor Street Approaches. Parking shall be prohibited on all minor street approaches for a distance of 35 feet in advance of the stop sign.
2. Minor Street Exits. Parking shall be prohibited on the exit side of a minor street for a distance of 35 feet.
For use in this chapter the following terms are defined:
(Code of Iowa, Sec. 435.1)
- “Manufactured home” means a factory-built structure built under the authority of 42 U.S.C. Sec. 5403 which was constructed on or after June 15, 1976, and is required by federal law to display a seal from the United States Department of Housing and Urban Development.
- “Manufactured home community” means any site, lot, field, or tract of land under common ownership upon which ten or more occupied manufactured homes are harbored, either free of charge or for revenue purposes, and includes any building, structure or enclosure used or intended for use as part of the equipment of the manufactured home community.
- “Mobile home” means any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons; but also includes any such vehicle with motive power not registered as a motor vehicle in Iowa. A mobile home means any such vehicle built before June 15, 1976, which was not built to a mandatory building code and which contains no State or federal seals.
- “Mobile home park” means any site, lot, field or tract of land upon which three or more mobile homes or manufactured homes, or a combination of any of these homes, are placed on developed spaces and operated as a for-profit enterprise with water, sewer or septic, and electrical services available.
- “Storm shelter” means a single structure or multiple structures designed to provide persons with temporary protection from a storm.
The term “manufactured home community” or “mobile home park” is not to be construed to include manufactured or mobile homes, buildings, tents, or other structures temporarily maintained by any individual, educational institution, or company on its own premises and used exclusively to house said entity’s own labor or students. The manufactured home community or mobile home park shall meet the requirements of any zoning regulations that are in effect.
A mobile home or manufactured home that is located outside a manufactured home community or mobile home park shall be converted to real estate by being placed on a permanent foundation and shall be assessed for real estate taxes except in the following cases:
(Code of Iowa, Sec. 435.26 & Sec. 435.35)
1. Retailer’s Stock. Mobile homes or manufactured homes on private property as part of a retailer’s or a manufacturer’s stock not used as a place for human habitation.
2. Existing Homes. A taxable mobile home or manufactured home that is located outside of a manufactured home community or mobile home park as of January 1, 1995, shall be assessed and taxed as real estate, but is exempt from the permanent foundation requirement of this chapter until the home is relocated.
A mobile home or manufactured home located outside of a manufactured home community or mobile home park shall be placed on a permanent frost-free foundation system that meets the support and anchorage requirements as recommended by the manufacturer or required by the State Building Code. The foundation system must be visually compatible with permanent foundation systems of surrounding residential structures. Any such home shall be installed in accordance with the requirements of the State Building Code.
(Code of Iowa, Sec. 103A.10 & 414.28)
An existing factory-built structure not constructed to be in compliance with federally mandated standards that will be rented for occupancy or has been declared a public nuisance according to standards generally applied to housing may be moved from one established mobile home park to another provided that it is renovated to comply with the building code.
(Code of Iowa, Sec. 103A.9.4)
No person shall construct a mobile home park within the City without first obtaining a permit therefor. An application for such permit shall be filed with the authorized City official, along with an application fee of $100.00, and shall contain the following information:
1. Names and Addresses. The full name and address of the applicant or applicants or names and addresses of the partners if the applicant is a partnership, or the names and addresses of the officers if the applicant is a corporation and present or last occupation of the applicant at the time of the filing of the application.
2. Legal Description of Property. A legal description of the site, lot, field or tract of land upon which it is proposed to operate and maintain a mobile home park.
3. Utilities. The proposed and existing facilities on and about such site, lot, field or tract of land for water supply, sewage, garbage and waste disposal.
4. Lighting. The proposed method of lighting the structures and site, lot, field or tract of land upon which said mobile home park is to be located.
5. Additional Plans and Drawings. Plans and drawings for new construction, including buildings, wells, and sewage disposal systems, not in existence at the time of the application.
Upon receipt of an application for a permit to construct a mobile home park, the authorized City official shall, if the proposed park will be in conformity with this chapter, the Zoning Ordinance, and the laws of the State, issue the permit. If a permit to construct a mobile home park is issued, the applicant, upon completion thereof, shall notify the authorized City official, who shall then inspect the mobile home park and, if completed in accordance with the accepted application, shall then issue a certificate of use and occupancy.
The minimum area for each mobile home park shall be 10 acres, inclusive of the streets abutting thereon to the centerline of such streets. The minimum number of spaces completed and ready for occupancy before first occupancy is permitted shall be 10 spaces.
The total density of any mobile home park shall not exceed eight mobile homes per gross acre and the net density on any particular acre within such park shall not exceed 10 mobile homes per net acre.
The minimum lot area for an individual mobile home shall be 4,000 square feet. A mobile home and its appurtenant structure may not occupy more than 40 percent of the individual mobile home lot.
All mobile homes shall be located on a concrete foundation pier or stand which shall conform to the following standards:
1. Size. The length of the mobile home foundation shall be at least equal to the length of the mobile home and its appurtenant structures located thereon.
2. Location. The location of each mobile home foundation shall be at such elevation and angle in relation to the access street and the mobile home accessway that placement and removal of the mobile home is practical.
3. Construction. Appropriate material, properly graded, placed and compacted, so as to be durable and adequate for the support of the maximum anticipated loads during all seasons, and protected against the action of frost and freezing.
4. Gradient. There shall be a minimum of two percent longitudinal and adequate crown or cross-gradient for surface drainage.
5. Base Enclosure. All mobile homes which are placed on foundations or piers shall have the entire perimeter enclosed.
6. Tie Downs and Anchors. All mobile homes shall be anchored and tied down in a manner equivalent to or better than the following:
A. Up to 30 feet mobile home length – two frame ties per side.
B. 30 feet to 50 feet mobile home length – three frame ties per side.
C. 50 feet to 70 feet mobile home length – four frame ties per side.
D. Over 70 feet mobile home length – five frame ties per side.
E. Plus – over-the-home ties as close to each end as possible with straps at stud and rafter location.
The minimum width of each individual mobile home lot shall be 40 feet as measured from one side lot line along a line perpendicular to said lot line, to the opposite side lot line. Said measurement shall be made at the front setback line as established herein.
No mobile home shall be placed within 15 feet of another mobile home, and in no case shall the mobile home be located closer than five feet of the side or rear lot lines, excepting a carport.
The distance from that part of a mobile home closest to a common private access drive, a common parking area, a common sidewalk or other common area to said common private access drive, a common parking area, common sidewalk or other common area shall be 10 feet minimum.
No mobile home shall be located a lesser distance from the mobile home park boundary than the side yard width required in the zoning district in which the mobile home park is located. In no case shall the mobile home be located less than 10 feet from the mobile home park boundary. The distance from that part of a mobile home closest to a public street shall be 20 feet minimum, and to a private street shall be 10 feet.
On mobile home lots fronting intersecting streets, whether one or both of said streets are public or private, the setback lines required herein must be provided on both streets.
The following shall apply to markers, patios and storage for mobile home lots.
1. Markers. There shall be posted and maintained in a conspicuous place on each lot a number corresponding to the number of each lot as shown on the plot plan submitted so that each lot may be easily identified.
2. Patio. Each mobile home lot may provide an appropriate outdoor living space to supplement the interior space of a mobile home provided that construction complies with the following:
A. Sub-Grading. Any sub-grading shall be well drained, uniformly graded, and compacted.
B. Materials and Construction. Construction shall provide a useful outdoor surface constructed or formed either monolithically or in movable units with weather-resistant materials placed sufficiently close together to create a paved area.
3. Tenant Storage. Storage facilities may be provided on or conveniently near each mobile home lot for the active storage of outdoor equipment, furniture or tools, and for the inactive storage of such other materials as is used only seasonally or infrequently by the typical tenant and cannot be conveniently stored in the typical mobile home in accordance with the following:
A. Size. If provided, there shall be a minimum of 90 cubic feet provided for general storage for each mobile home lot.
B. Design and Location of Storage Facilities. If provided, storage facilities shall be provided on the lot, or in compounds located within a reasonable distance, not more than 500 feet from each stand located not closer to private streets and public streets than the mobile home unit itself. Storage facilities shall be designed in a manner that will enhance the appearance of the court and shall be constructed of suitable weather resistant materials appropriate under the uses and maintenance contemplated.
The following shall apply to streets and walks:
1. Private Streets. Private, dust-free streets with curb and gutter shall be provided within the mobile home park and shall be at least 30 feet in width. All private streets shall be unobstructed access to a public street or highway.
2. Walks. The following shall apply to walks in mobile home parks:
A. Location. Walks may be provided adjacent to streets and to mobile home stands from the street or driveway.
B. Construction. Walks provided shall be constructed of concrete and shall be generally at least two feet in width. Sudden changes in alignment and gradient shall be avoided and the walks are not to be used as drainage ways. Additional sidewalks may also be provided in other areas as determined by the owners.
3. Parking Spaces. Parking spaces shall be provided for not less than two cars per mobile home lot. Required car parking spaces may include one car space on each mobile home lot and in addition shall include a sufficient number of car spaces in conveniently located parkway bays to bring the total number of parking spaces up to the required two car spaces per mobile home lot. Each parking space shall be not less than nine feet wide and 20 feet deep, shall be surfaced for its entire area with durable, hard material, suitable for all weather use.
An adequate supply of potable water shall be furnished from a public water supply system conforming to all applicable laws, regulations, resolutions and ordinances with supply connection located on each mobile home lot.
In each mobile home park, all waste or waste water (including such waste or waste water from mobile homes) from a faucet, toilet, or tub, shower, sink, slop sink drain, washing machine, garbage disposal unit, or laundry shall empty into an approved sewer system. Surface water shall not be discharged into a public sanitary sewer.
The mobile home park may provide community buildings to house laundry facilities. Each community building shall be conveniently located, well constructed with washable interior walls, well lighted, have adequate ventilation, and floors of concrete or other impervious material. A general illumination level of at least five foot candles shall be maintained in each community building. Each room housing laundry facilities shall be provided at least one window or a vent to the outside atmosphere. In new installations, window area at a ratio of ten percent of the floor area, with 50 percent of the total window area openable, or mechanical ventilation capable of making at least one air change every five minutes, shall be provided. In new installations, all openings to community buildings shall be effectively screened. Solid doors opening outward and equipped with mechanical closing devices shall meet the requirement for screen doors. A sanitary method of disposal of mop water shall be provided. In new installations, the floors shall be sloped to floor drains, and shall have concrete curbing or other impervious material extending at least six inches above the floor and forming a cove at the junction of the floor and side walls. The interior of each community or individual space building, including all fixtures and equipment therein, shall be maintained in good repair and in a sanitary condition at all times. All plumbing fixtures shall be cleaned, such that all dirt and other visible foreign matter are removed, at least once each day. All waste paper and similar material shall be placed in suitable containers, and shall not be allowed to accumulate on the floor. All floors shall be swept and scrubbed at intervals sufficient to maintain a clean and sanitary condition. There shall be no evidence of insect or rodent harborages. Such buildings shall have heating facilities capable of maintaining a temperature of at least 70 degrees F in cold weather. Gas-fired water or space heaters shall be vented to the outside.
The park owner must provide for garbage and rubbish collection and disposal as may reasonably be necessary.
All entrances, exits and driveways shall be lighted at night. Not less than a 100 watt electric light shall be provided for each 200 lineal feet of private street and at each entrance and exit to the mobile home park. At least one receptacle outlet for each mobile home space shall be provided; this receptacle and other electric wiring shall conform to the requirements of the electric code of the City. Street lighting on public streets shall conform to the requirements in the subdivision regulations and electric code of the City.
Individual storage facilities that comply with the fire code regulations for gasoline, oil, gas, liquefied petroleum or other fuels shall be permitted within the mobile home park.
If provided, the size of the recreational area shall be not less than eight percent of the gross site area.
No permanent or semi-permanent structure shall be affixed to any mobile home as an addition to such mobile home, nor shall any accessory structure be permitted on any mobile home lot or in any mobile home park except those accessory structures required by this chapter and those structures designed for use with a mobile home such as a canopy, carport or awning, or any expansion unit or accessory structure specifically manufactured for mobile homes. If an office structure is provided, its construction shall comply with all applicable laws and ordinances.
For the purpose of this chapter no obstructions will be permitted on mobile home lots except the following obstructions will be permitted when located in the yards indicated.
1. In Any Yards. Chimneys, overhanging roof eaves, open terraces and awnings adjoining the mobile home; and ornamental light standards and flagpoles, fences, trees and shrubs, except that on corner lots, fences, trees and shrubs shall not be higher than 30 inches above the centerline grade of the intersecting streets if located in that portion of a required front or side yard situated within 20 feet of the lot corner formed by the intersection of any two street lines.
2. Front Yards. No obstructions shall be permitted.
3. In Side Yards. Open accessory off-street parking spaces, except in a side yard abutting a street.
4. In Rear Yards. Private garages or carports, if attached or structurally a part of the mobile home, open accessory off-street parking spaces, accessory sheds, tool rooms, or other similar accessory buildings; accessory buildings or structures may occupy not more than 30 percent of a rear yard.
1. General Requirements. Every manufactured/mobile home park constructed after July 1, 1999, of 10 or more mobile home spaces shall be provided with above- or below-grade storm shelters which shall:
A. Have a minimum floor area of seven square feet for each manufactured/mobile home space in said manufactured/mobile home park.
B. Be designed by a licensed structural engineer or architect and built in accordance with plans as approved by the City Building Official.
C. Be designed and constructed to meet all Federal Emergency Management Agency (FEMA) requirements and guidelines if the shelter is located in a flood plain.
D. Be designed and constructed to meet the minimum lighting, ventilation and exiting requirements of the Iowa Building Code, where applicable.
E. Be designed and constructed to meet all applicable requirements of the Americans with Disabilities Act (ADA).
F. Be located no farther than 1,320 linear feet from the furthest manufactured/mobile home space in the manufactured/mobile home park.
2. Additions to Existing Parks. For any addition of 10 or more manufactured/mobile home spaces to any existing manufactured/mobile home park, a storm shelter which complies with the general requirements of subsection 1 of this section shall be provided to serve such additional spaces. However, when two or more such additions of fewer than 10 manufactured/mobile home spaces result in a cumulative addition of 10 or more manufactured/mobile home spaces to a manufactured/mobile home park, a storm shelter which complies with the general requirements of subsection 1 of this section shall be provided to serve such additional spaces.
3. Restroom Facilities. Restroom facilities in required storm shelters are not mandatory but may be installed at the owner’s option. If restrooms are installed, toilets may be either flush-type operating from normal water supply, chemical or other approved types.
4. Access to Shelters. The manufactured/mobile home park owner or such owner’s designated agent or representative shall be responsible for making the storm shelter accessible and usable in times of need. It is unlawful for any required storm shelter to be used for storage purposes if such storage reduces the minimum floor area available for shelter of persons below the requirements of subsection 1 of this section.
5. Existing Nonconforming Manufactured/Mobile Home Parks. Any manufactured/ mobile home park of 10 or more manufactured/mobile home spaces which has an existing above- or below-grade storm shelter as of July 1, 1999, which does not conform to the requirements of this section shall be deemed a nonconforming manufactured/mobile home park with regard to the requirements for storm shelters and may continue to exist as a nonconforming manufactured/mobile home park for so long as said existing shelter remains in place and usable; provided, however, any manufactured/mobile home spaces added to such community after such effective date shall require storm shelters as provided in subsection 2 of this section.
(Code of Iowa, Sec. 364.3[8])
No mobile home park shall be occupied until a certificate of use and occupancy shall have been issued by the authorized City official to the effect that the mobile home park or the portion thereof for which such certificate is requested is in compliance with all applicable provisions of this chapter.
For use in this chapter, the following terms are defined:
- “Owner” means the owner of the principal building.
- “Principal building” means the main building on any lot or subdivision thereof.
Every owner shall comply with the following numbering requirements:
1. Obtain Building Number. The owner shall obtain the assigned number to the principal building from the City Administrator.
(Code of Iowa, Sec. 364.12[3d])
2. Display Building Number. The owner shall place or cause to be installed and maintained on the principal building the assigned number in a conspicuous place to the street in figures not less than two and one-half inches in height and of a contrasting color with their background.
(Code of Iowa, Sec. 364.12[3d])
3. Failure to Comply. If an owner refuses to number a building as herein provided, or fails to do so for a period of 30 days after being notified in writing by the City to do so, the City may proceed to place the assigned number on the principal building and assess the costs against the property for collection in the same manner as a property tax.
(Code of Iowa, Sec. 364.12[3h])
Building numbers shall be assigned in accordance with the building numbering plan on file in the office of the Clerk.
For use in this chapter, the following terms are defined:
- “Parking” means that part of the street, avenue, or highway in the City not covered by sidewalk and lying between the lot line and the curb line or, on unpaved streets, that part of the street, avenue, or highway lying between the lot line and that portion of the street usually traveled by vehicular traffic.
- “Superintendent” means such person as may be designated by the Council.
No tree shall be planted in any parking or street except in accordance with the following:
1. Permit Required. No person shall plant a tree in any City parking without first completing a permit application and receiving permission from the City.
2. Alignment. All trees planted in any street shall be planted in the parking midway between the outer line of the sidewalk and the curb. In the event a curb line is not established, trees shall be planted on a line 10 feet from the property line.
3. Spacing. Trees shall not be planted on any parking that is less than nine feet in width, or contains less than 81 square feet of exposed soil surface per tree. Trees shall not be planted closer than 20 feet from street intersections (property lines extended) and 10 feet from driveways. If it is at all possible, trees should be planted inside the property lines and not between the sidewalk and the curb.
4. Prohibited Trees. No person shall plant in any street any fruit-bearing tree or any tree of the kinds commonly known as cottonwood, poplar, box elder, Chinese elm, evergreen, willow, black walnut, or austrees.
The owner or agent of the abutting property shall keep the trees on, or overhanging the street, trimmed so that all branches will be at least 15 feet above the surface of the street and eight feet above the sidewalks. If the abutting property owner fails to trim the trees, the City may serve notice on the abutting property owner requiring that such action be taken within five days. If such action is not taken within that time, the City may perform the required action and assess the costs against the abutting property for collection in the same manner as a property tax.
(Code of Iowa, Sec. 364.12[2c, d & e])
Except as allowed in Section 151.03, it is unlawful for any person to trim or cut any tree in a street or public place unless the work is done under the supervision of the City.
Any dead, diseased, or damaged tree or shrub that may harbor serious insect or disease pests or disease injurious to other trees is hereby declared to be a nuisance.
The Superintendent shall inspect or cause to be inspected any trees or shrubs in the City reported or suspected to be dead, diseased or damaged, and such trees and shrubs shall be subject to the following:
1. City Property. If it is determined that any such condition exists on any public property, including the strip between the curb and the lot line of private property, the Superintendent may cause such condition to be corrected by treatment or removal. The Superintendent may also order the removal of any trees on the streets of the City which interfere with the making of improvements or with travel thereon.
2. Private Property. If it is determined with reasonable certainty that any such condition exists on private property and that danger to other trees or to adjoining property or passing motorists or pedestrians is imminent, the Superintendent shall notify by certified mail the owner, occupant or person in charge of such property to correct such condition by treatment or removal within 14 days of said notification. If such owner, occupant, or person in charge of said property fails to comply within 14 days of receipt of notice, the Superintendent may cause the condition to be corrected and the cost assessed against the property.
(Code of Iowa, Sec. 364.12[3b & h])
The purpose of this chapter is to protect public health, property, welfare and safety by establishing reasonable minimum requirements for the construction, repair, moving, demolition and use of buildings, structures and related equipment, fixtures and systems.
The specifications and regulations which are mentioned by title and date below are hereby adopted and declared to be part of this chapter when not in conflict with a specific statement contained herein. Official copies of such standard codes shall be on file in the office of the City Clerk.
(Code of Iowa, Sec. 380.10)
- The International Building Code, 2021 edition, published by the International Code Council. (Ord. 1051 – Apr. 21 Supp.)
- The International Mechanical Code, 2021 edition, published by the International Code Council.
- The National Electrical Code, 2020 edition, published by the National Fire Protection Association.
- The International Residential Code for One- and Two-Family Dwellings, 2021 edition, published by the International Code Council. This chapter replaces all provisions of codes adopted by Section 155.02(1) to 155.02(3), which apply to one- and two-family dwellings and multi-family dwelling not more than three stories in height with a separate means of egress and their accessory structures.
(Subsections 2-4 – Ord. 1058 – Sep. 21 Supp.)
- The State Plumbing Code for Iowa promulgated by the Iowa Department of Public Health.
(Code of Iowa, Sec. 101.6, Sec. 104B.1, Sec. 135.11 and IAC, 641-25[135])
Certain provisions of the Iowa State Building Code promulgated by the State Building Code Commissioner or State Fire Marshal as provided by Chapters 100 and 103A of the Code of Iowa, are mandatory, and supersede the above standard codes when they conflict. Other State agencies may have additional requirements for specific conditions or occupancies. Such provisions include but are not limited to the following:
1. Manufacture and installation of factory-built homes (previously called mobile home).
(IAC, 661-16.600[103A])
2. All buildings owned by the State or any agency of the State.
(IAC, 661-16.130[103A], IAC, 661-16.131[103A])
3. Accessibility rules and regulations for the physically handicapped for buildings and structures, and parking facilities, used by the general public.
(Code of Iowa, Ch. 104A, IAC, 661-16.700[103A], IAC, 661-18[321L])
4. Thermal and lighting efficiency standards for new construction which will contain more than 100,000 cubic feet of enclosed space that is heated or cooled.
(Code of Iowa, Sec. 103A.10.4a, IAC, 661-16.800[103A])
5. Life cycle cost analysis for any public agency defined by Iowa Code Section 470.1(1) for new construction having 20,000 square feet of usable floor space which is heated or cooled by a mechanical or electrical system or for any renovations described by the code.
(Code of Iowa, Ch. 470, IAC, 661-16.132[470])
6. State Fire Marshal rules for automatic fire extinguishing systems in high rise buildings.
(Code of Iowa, Sec. 100.39)
7. State Fire Marshal rules for smoke detectors in multiple-unit residential buildings (two or more units, hotel, motel, dormitory or rooming house) and single-family rental units.
(Code of Iowa, Sec. 100.18, IAC, 661-5.800[100])
8. State Fire Marshal rules for flammable liquids and liquefied petroleum gases.
(Code of Iowa, Sec. 101.6, IAC, 661-250[101])
9. Installation, major alteration and operating permits for elevators.
(IAC, 875-71[89A])
10. Swimming pools and spas operated by local or State government, or commercial interests.
(Code of Iowa, Sec. 135I.2, IAC, 641-15[135I])
The following are deletions, revisions and amendments to the standard codes above:
1. The International Building Code:
A. Delete Chapter 1 (Administration) except subsections 105.1 and 105.2 and sections 107 and 109, Section 412 (Aircraft Related Occupancies), Chapter 11 (Accessibility), Chapter 29 (Plumbing), Chapter 30 (Elevators), and the following appendix Chapters: A to J. Delete references to the International Fire Code, the International Property Maintenance Code and the International Existing Building Code. All references to the International Fuel Gas Code and the International Plumbing Code shall mean the Iowa State Plumbing Code.
2. The International Mechanical Code:
A. Delete Chapter 1 except subsections 106.1 and 106.2 and section 107, and Appendix B.
3. The International Code Council Electrical Code:
A. Delete Chapter 3, 4 except subsection 401.3, 10, and 11.
4. The International Residential Code for One- and Two-Family Dwellings:
A. Delete Chapter 1 (Administration) except subsections R105.1 and R105.2 and section R109, 24 (fuel gas), 25 through 32 (Plumbing), and all appendices.
B. The following sections are hereby revised:
Table R301.2(1) Insert: ground snow load 30, wind speed 90, seismic design category 0, frost line depth 3.5, subject to damage from termite and decay – slight to moderate.
Section P2603.6.1 Insert: see Plumbing Code
Section P3103.1 Insert: see Plumbing Code
C. Modify IRC R403.1.4.1, Frost Protection, by deleting all exceptions and adding the following: R403.1.4.1.
Exception 1. Slab-On-Grade Foundation. One-story detached accessory buildings of wood or steel frame construction, 1,008 square feet in area or less, may have a concrete slab-on-grade foundation without frost protection. The slab-on-grade shall be reinforced Portland cement concrete a minimum of four inches thick and shall be thickened at its entire perimeter to a minimum cross section dimension of 12 inches wide by 12 inches high. The thickened portion shall have continuous reinforcing with a minimum of one #4 reinforcing bar at the top and bottom. The slab shall be cast monolithically with the thickened portion and reinforced with six inch by six inch welded wire mesh or a minimum of number 4 reinforcing bars not greater than 24 inches on center in both directions. Reinforcement shall extend into the thickened portion. Foundations supporting wood light frame construction shall extend not less than six inches above finish grade with an eave height of no more than 10 feet. A foundation under this section shall not support other than light frame construction. No plumbing except a floor drain shall be located in buildings with slab-on-grade foundations without frost protection. The floor drain shall be installed to manufacturers specifications and serviced by a minimum of two inch diameter drain pipe without P-trap discharging above grade on the owners property.
(Subparagraph C – Ord. 1065 – Nov. 2021 Supp.)
5. National Electric Code:
A. Article 210.19, Conductors ‑ Minimum Ampacity and Size, is modified by adding the following:
Conductors shall be of copper only and any references to the use of aluminum in the NEC shall be superseded by this rule.
B. Article 230.42, Minimum Size and Rating, is deleted and substitute the following therefor:
(1) General. Service-entrance conductors shall be of copper to the main over-current protective device (i.e. circuit breaker panel/fuse box). EXCEPTION: When the service is an underground installation, connection from the Utility supply to the line side of the meter socket may be of a suitable size aluminum conductor as determined from Article 310 Table 310-16, ampacities of insulated conductors. Conductors from the load side of the meter to the main over-current protective device (i.e. circuit breaker panel/fuse box) shall be of copper.
(2) Service Entrance Conductors. Conductors for all 100 amp services have the ampacity of three number four copper THWN or equivalent as per the governing NEC article Table 310.15(B)(6) for Single-Phase Dwelling services and Feeders. The neutral shall not be reduced. Conductors for 150 amp services shall have the ampacity of three number one copper THWN or equivalent as per the governing NEC article Table 310.15(B)(6) for single-phase dwelling services and feeders. The neutral shall not be reduced. Conductors for 200 amp services shall have the ampacity of three number 2/0 copper THWN or equivalent as per the governing NEC article Table 310.15(B)(6) for single-phase dwelling services and feeders. The neutral shall not be reduced. The size of service shall be determined as follows:
(a) Individual homes with less than 1,000 square feet of finished floor space shall be served by a minimum of one and one quarter inch metal conduit and equipped with a 100 amp three pole solid neutral switch or equivalent with not less 20 available general purpose branch circuits.
(b) Individual homes with 1,000 to 1,500 square feet of finished floor space shall be served by a minimum of one and one-half inch metal conduit and equipped with a 150 amp three pole solid neutral switch or equivalent with not less than 24 available general purpose branch circuits.
(c) Individual homes with greater than 1,500 square feet of finished floor space shall be served by a minimum of two inch metal conduit and equipped with a 200 amp three pole solid neutral switch or equivalent with not less than 30 available general purpose branch circuits.
(d) Each unit of a multiple family dwelling shall be served with not less than a 100 amp service with one and a quarter inch metal conduit and equipped with a 100 amp three pole solid neutral entrance switch or equivalent with 16 available general purpose circuits.
(e) All home and multiple family dwellings wherein the electrical entrances are to be converted from a two wire line service to a three wire line service shall be governed by the regulations and rules established in paragraphs one (a) through four (d).
(f) Underground services would allow the use of the NEC permitted Schedule 80 PVC from below finished grade to the meter socket at the residence only. This applies only where physical damage exposure is minimum. All other locations would require the use of rigid metal conduit extending eight feet above finished grade. All PVC must be clearly marked Schedule 80 for identification purposes.
C. Article 300.4, Protection Against Physical Damage, is modified by adding the following:
In Commercial and Industrial Structures, the fixed wiring method on all commercial or industrial structures for wiring carrying over 52 volts shall be by conduit not withstanding any provisions to the contrary in the National Electric Code.
There is established a “building department” which shall be under the jurisdiction of the building official designated by the appointing authority. The building official shall enforce all provisions of these codes as prescribed by ordinance and as outlined by Section 103A.19 of the Code of Iowa.
A building board of appeals is hereby established, hereinafter referred to as the Board, consisting of five members who are qualified by experience and training to pass on matters pertaining to building construction and property maintenance and who are not employees of the City. Members shall be appointed by the Mayor, subject to Council approval, in January. One member shall be a member of the Council or the Planning and Zoning Commission and shall serve a term of two years coinciding with the term of the Mayor. Four members shall serve terms of four years, and which shall be overlapping terms with two terms ending every two years. A vacancy on the Board shall be filled in the same manner as the original appointment. The building official shall be an ex-officio member of and shall act as secretary to said Board but shall have no vote on any matter before the Board, and may call meetings. The building official shall keep minutes of the Board’s proceedings, showing the vote of each member upon each question, or if absent or failing to vote, and a record of all official actions. The Board shall adopt rules or procedures for conducting its business, and shall annually select one of its members to serve as chairman. Three members of the Board shall constitute a quorum for the transacting of all business but any action taken by the Board shall require a majority vote of all members of the Board. The Board shall have no authority relative to interpretations of the administrative provisions of this chapter. The purpose of the Board is as follows:
1. To hear and decide appeals on orders, decisions or determinations made by the building official relative to the application and interpretation of the Building Codes.
2. To hear and decide on the acceptance of alternate materials, design and methods of construction and equipment provided the alternate material or method of construction complies with the intent of the provisions of the applicable codes.
3. To hear and decide on appeals by any person directly affected by a decision of the code official or a notice or order issued under a Housing Code, Property Maintenance Code, Sign Code or parts thereof that may be adopted in the Code of Ordinances.
Any person or persons adversely affected by any notice or order, decision or determination made by the building or housing official may appeal to the Building and Housing Board of Appeals. An appeal fee as set by Council resolution shall accompany each appeal. An appeal to the Board shall be made in accordance with the following:
1. Appeals. A request for a hearing before the Board of Appeals shall be granted when a signed Appeal Request Form or signed letter setting forth the issues is received by the Secretary of the Board within 35 days of the date of the initial notice of violation, order or determination under the applicable code. However, if a notice or order required the correction of a cited violation within a shorter period of time, the appeal must be made within such shorter period.
2. Waiver. Failure of any person to file an appeal request in accordance with the provisions of this section shall constitute a waiver of his/her right to an administrative hearing and adjudication of the notice or order, or to any portion thereof.
3. Open Hearing. All hearings before the Board shall be open to the public. The appellant, the appellant’s representative, the code official and any person whose interests are affected shall be given an opportunity to be heard.
4. Postponed Hearing. When the full Board is not present to hear an appeal, either the appellant or the appellant’s representative shall have the right to request a postponement of the hearing.
5. Decisions. The Board of Appeals may sustain, modify, extend or revoke a notice or determination from the code official which decision shall be deemed to be an order and the owner, operator or occupant as the case may require, shall comply with all provisions of such order within a reasonable time.
6. Records and Copies. The decision of the Board shall be recorded. Copies shall be furnished to the appellant and to the code official.
7. Court Review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer.
8. Stays of Enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the Appeals Board.
No building or other structure shall be erected, moved, added to, or structurally altered, nor any mechanical or plumbing system installed, altered, repaired, replaced or remodeled, nor any electric conductors or equipment regulated by this chapter installed without first obtaining a permit therefor, issued by the building official. No building permit shall be issued except in conformity with the provisions of this chapter, and except in conformity with all other applicable provisions of this Code of Ordinances.
To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the code enforcement agency for that purpose. Every application shall:
1. Identify and describe the work to be covered by the permit for which application is made.
2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
3. Indicate the use or occupancy for which the proposed work is intended.
4. Be accompanied by plans, diagrams, computations and specifications and other data as required by the building official.
5. State the valuation of any new building or structure or any addition, remodeling or alteration to an existing building.
6. Be signed by the applicant or the applicant’s authorized agent.
Every permit issued by the building official under the provisions of this chapter shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefor shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once.
The fee for each permit shall be as set forth by resolution of the Council. The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with the code. The official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment.
Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the permit fees.
All construction or work for which a permit is required shall be subject to inspection as set forth in the individual codes adopted by reference in the State Code.
1. A survey of the lot may be required by the building official to verify that a structure is located in accordance with the approved plans.
2. The permit holder or an agent of the permit holder shall post or otherwise make available an inspection record card such as to allow the building official to conveniently make the required entries thereon regarding inspection of the work. This card shall be maintained available by the permit holder until final approval has been granted by the building official.
3. It shall be the duty of the person doing the work authorized by a permit to notify the building official that such work is ready for inspection.
4. It shall be the duty of the person requesting any inspections required by this chapter to provide access to and means for inspection of such work.
Upon notice from the building official, work on any building, structure, electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of this chapter shall immediately cease. Such notice shall be in writing and shall be served upon the owner or the owner’s authorized agent personally or by certified mail at the address set forth in the application for permission to construct a building or structure, and shall state the specific violations and the conditions under which work may resume. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work. The building official shall have authority to disconnect fuel-gas utility service, energy supplies or a plumbing system to a building, structure, premises or equipment regulated by this chapter in case of emergency when necessary to eliminate an immediate hazard to life or property.
No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as approval of a violation of the provisions of this chapter or of other ordinances of the City. Certificates presuming to give authority to violate or cancel the provisions of this chapter or other ordinances of the City shall not be valid.
1. Exception.
A. Single- and two-family dwellings, lodging houses and congregate residents (each accommodating 10 persons or less).
B. Private garages, carports, sheds and agricultural buildings. Fences over six feet high, tanks and towers.
(Code of Iowa, Sec. 103A.19)
2. Certificate Issued. After the building official inspects the building or structure and finds no violations of the provisions of this chapter or other laws that are enforced by the code enforcement agency, the building official shall issue a certificate of occupancy that shall contain the following:
A. The building permit number.
B. The address of the building.
C. The name and address of the owner.
D. A description of that portion of the building for which the certificate is issued.
E. A statement that the described portion of the building has been inspected for compliance with the requirements of this chapter for the group and division of occupancy and the use for which the proposed occupancy is classified.
F. The name of the building official.
3. Temporary Certificate. If the building official finds that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, a temporary certificate of occupancy may be issued for a portion or portions of a building or structure prior to the completion of the entire building or structure.
4. Posting. The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the building official.
5. Revocation. The building official may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this chapter whenever the certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this chapter.
It is unlawful for any person to erect, construct, enlarge, alter, repair, improve, use, occupy, or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this chapter. Each violation shall constitute a separate offense.
The purpose of this chapter is to protect the safety and orderly development of the community through the regulation of signs and sign structures. A sign shall not be erected in a manner that would confuse or obstruct the view of or interfere with official traffic signs, signals or devices. The regulations of this chapter are not intended to permit a violation of the provisions of other ordinances.
For purposes of this chapter, certain terms, words and their derivatives shall be construed as specified in this chapter or as specified in the Building Code.
1. “Combination sign” is a sign incorporating any combination of the features of pole, projecting and roof signs.
2. “Electric sign” is any sign containing electrical wiring, but not including signs illuminated by an exterior light source.
3. “Fin sign” is a sign that is supported wholly by a one-story building of an open-air business or by poles placed in the ground or partly by such a pole or poles and partly by a building or structure.
4. “Ground sign” is a billboard or similar type of sign that is supported by one or more uprights, poles or braces in or upon the ground other than a combination sign, fin sign or pole sign, as defined by this chapter.
5. “Marquee” is a permanent roofed structure attached to and supported by the building and projecting over public property.
6. “Pole sign” is a sign wholly supported by a sign structure in the ground.
7. “Projecting sign” is a sign other than a wall sign, that projects from and is supported by a wall of a building or structure.
8. “Roof sign” is a sign erected upon a roof or parapet of a building or structure.
9. “Sign” is any medium, including its structure and component parts, that is used or intended to be used to attract attention to the subject matter for advertising purposes other than paint on the surface of a building. Noncommercial flags or any flags displayed from flagpoles or staffs will not be considered to be signs.
10. “Temporary sign” is any sign, banner, pendant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time only.
11. “Wall sign” is any sign attached to or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall.
1. Authority. The building official, or the building official’s duly authorized representative, is charged with administration and enforcement of this chapter.
2. Board of Appeals. In order to provide for reasonable interpretation of the provisions of this chapter, appeals may be made to the Building and Housing Board of Appeals as provided in the Building Code.
3. Violations. It is unlawful for a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, or maintain a sign or sign structure, or cause or permit the same to be done, contrary to or in violation of the provisions of this chapter.
A sign shall not be erected, re-erected, constructed, altered or maintained except as provided by this chapter and after a permit has been issued by the building official. A separate permit shall be required for a sign or signs for each business entity, and a separate permit shall be required for each group of signs on a single supporting structure. Additionally, electrical permits shall be obtained for electric signs.
Application for a sign permit shall be made in writing on forms furnished by the building official. The application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector. Applications shall be signed by the applicant or the applicant’s authorized agent.
A permit is not required for the following signs. These exemptions shall not be construed as relieving the owner of the sign from the responsibility for its erection, maintenance and compliance with the provisions of this chapter or other laws or ordinances regulating signs.
1. Official notices authorized by a court, public body or public safety official.
2. Directional, warning or information signs authorized by federal, State or city government.
3. Memorial plaques, building identification signs and building cornerstones when cut or carved into a masonry surface or when made of noncombustible material and made an integral part of the building or structure.
4. Religious symbols and seasonal decorations within the appropriate public holiday seasons.
5. Works of fine art displayed in conjunction with a commercial enterprise where the enterprise does not receive direct commercial gain.
6. Street address signs and combination nameplate and street address signs that contain no advertising copy and which do not exceed six square feet in area.
7. Signs less than six feet above grade.
A sign permit fee shall be paid in accordance with the schedule established by resolution of Council.
Signs and sign support structures, together with their supports, braces, guys and anchors, shall be kept in repair and in proper state of preservation. The display surfaces of signs shall be kept neatly painted or posted at all times.
Signs for which a permit is required shall be subject to inspection by the building official. The building official may order the removal of a sign that is not maintained in accordance with the provisions of Section 156.08.
Signs and sign structures shall be designed and constructed to resist wind as specified in this section.
1. Wind Loads. Signs and sign structures shall be designed and constructed to resist wind forces as specified in the Building Code.
2. Allowable Stresses. The design of wood, concrete, steel or aluminum members shall conform to the requirements of the Building Code.
1. General. Supports for signs or sign structures shall be placed in or upon private property, unless otherwise provided in this Code of Ordinances, and shall be securely built, constructed and erected in conformance with the requirements of this chapter.
2. Standards of Quality. Building Code standards are part of this chapter. Other recognized standards, compliance with which is prima facie evidence of compliance with the standard of duty to design and construct signs that are reasonably safe for persons and property.
3. Materials. Materials utilized for signs and sign structures shall be of quality and grade as specified for buildings in the Building Code.
4. Restrictions on Combustible Materials. Combination signs, roof signs, projecting signs and signs on marquees shall be constructed of noncombustible materials, except as provided in this section. Combustible materials other than approved plastics shall not be used in the construction of electric signs.
A. Roof signs may be constructed of unprotected combustible materials on roofs of combustible construction.
B. Roof signs with a maximum surface area of 50 square feet and a maximum height of five feet may be constructed of combustible materials on roofs of any type construction.
C. Non-electric wall signs may be constructed of unprotected combustible materials on walls permitted to be of unprotected combustible construction.
D. Nonstructural Trim. Nonstructural, trim and portable display surfaces may be of wood, metal, approved plastics or a combination thereof.
E. Anchorage. Anchors and supports shall be designed for safe bearing loads on the soil and for an effective resistance to pullout amounting to a force 25 percent greater than the required resistance to overturning. Anchors and supports shall penetrate to a depth below ground greater than that of the frost line.
F. Display Surfaces. Display surfaces of signs may be made of metal, glass or approved plastics. Glass thickness and area limitations shall be as set forth in Table A. Sections of approved plastics on wall signs shall not exceed 225 square feet in area. (EXCEPTION: Sections of approved plastics on signs other than wall signs may be of unlimited area if approved by the building official.) Sections of approved plastics on wall signs shall be separated three feet laterally and six feet vertically by the required exterior wall construction. (EXCEPTION: Sections of approved plastics on signs other than wall signs may not be required to be separated if approved by the building official.
G. Approved Plastics. Substantiating data shall be submitted to the building official to justify the proposed use of plastic materials. If it is determined that the evidence submitted is satisfactory for the use intended, the use may be approved.
1. General. Signs shall conform to the clearance and projection requirements of this section and Tables B and C.
2. Clearance from High-Voltage Power Lines. Signs shall be located not less than six feet horizontally or 12 feet vertically from overhead electrical conductors that are energized in excess of 750 volts. (Exception: when conductors are enclosed in iron pipe or other approved material covering of equal strength.)
3. Clearance from Fire Escapes, Exits or Standpipes. Signs or sign structures shall not be erected in such a manner that a portion of their surface or supports will interfere with the free use of any fire escape, exit or standpipe.
4. Obstruction of Openings. Signs shall not obstruct openings to the extent that light or ventilation is reduced to a point below that required by this Code of Ordinances. Signs erected within five feet of an exterior wall in which there are openings within the area of the sign shall be constructed of noncombustible material or approved plastics.
5. Projections over Alleys. Signs or sign structures shall not project into a public alley below a height of 14 feet above grade, nor project more than 12 inches when the sign structure is located 14 to 16 feet above grade. The sign or sign structure may project not more than 36 inches into a public alley when the sign or sign structure is located more than 16 feet above grade.
6. Clearance from Streets. Signs shall not project within two feet of the curb line.
TABLE A – SIZE, THICKNESS AND TYPE OF GLASS PANELS IN SIGNS
|
MAXIMUM SIZE OF EXPOSED |
MINIMUM THICKNESS OF GLASS |
TYPE OF GLASS |
|
|
Any Dimension |
Area |
||
|
30 inches |
500 square inches |
1/8 inch |
plain, plate or wired |
|
45 inches |
700 square inches |
3/16 inch |
plain, plate or wired |
|
144 inches |
3,600 square inches |
1/4 inch |
plain, plate or wired |
|
Over 144 inches |
Over 3,600 square inches |
1/4 inch |
wired glass |
TABLE B – PROJECTION OF SIGNS
|
CLEARANCE |
MAXIMUM PROJECTION |
|
x 304.8 for mm |
|
|
Less than 8 feet |
Not permitted |
|
8 feet |
1 foot |
|
8 to 16 feet |
1 foot plus 0.5 foot for each foot of clearance in excess of 8 feet |
|
Over 16 |
5 feet |
TABLE C – THICKNESS OF PROJECTING SIGN
|
PROJECTION |
MAXIMUM THICKNESS |
|
x 304.8 for mm |
|
|
5 feet |
2 feet |
|
4 feet |
2.5 feet |
|
3 feet |
3 feet |
|
2 feet |
3.5 feet |
|
1 foot |
4 feet |
Passage clear of all obstructions shall be left under or around, and immediately adjacent to, signs exceeding a height of 4 feet above the roof thereunder. Such passages shall be not less than three feet wide and four feet high and shall be at parapet or roof level. There shall be one passage or access opening as follows:
1. For each roof sign upon a building.
2. An access opening for every 50 lineal feet of horizontal roof sign extension.
3. Within 20 feet of walls and parapets when roof signs are at right angles to a face of the building.
Wall signs shall not project over public property or beyond a legal setback line greater than the distances specified in Section 156.12, nor shall they extend above an adjacent parapet or roof of the supporting building.
The individual requirements of roof, projecting and pole signs shall each be applied to combination signs incorporating any or all of the requirements specified in this chapter.
Signs may be placed on, attached to or constructed in a marquee. Marquee signs, for the purposes of determining projection, clearance, height and material, shall be considered a part of and shall meet the requirements for a marquee as specified in the Building Code.
1. General. The enclosed shell of electric signs shall be watertight, except that service holes fitted with covers shall provide access into each compartment of the sign.
2. Installation. Electrical equipment used in connection with display signs shall be installed in accordance with City Code regulating electrical installations.
3. Erector’s Name. Electric signs projecting over a street or alley or public place shall have painted on the surface of the sign the name of the sign erector and date of erection. The name and date shall be of sufficient size and contrast to be readable from a reasonable distance. Failure to provide the name of the erector and date shall be grounds for rejection of the sign by the building official.
1. General. Temporary signs shall not exceed 100 square feet in area. Temporary signs of rigid material shall not exceed 24 square feet in area, or 6 feet in height, nor shall any such sign be fastened to the ground. Temporary signs may remain in place for a period not exceeding 60 days.
2. Cloth Signs.
A. Support. Temporary cloth signs shall be supported and attached with wire rope of three-eighths-inch minimum diameter. Strings, fiber ropes or wood slats shall not be employed for support or anchorage purposes. Cloth signs and panels shall be perforated over at least 10 percent of their area to reduce wind resistance. (Exception: Temporary cloth signs over private property not exceeding 60 square feet shall be supported and attached with wire rope that meets the requirements of this chapter.)
B. Projection. Cloth signs may extend over property. Cloth signs that extend over a public street shall maintain a minimum clearance of 20 feet.
C. Clearance. Cloth signs may extend across a public street only by permission of City Council and shall be subject to related laws and ordinances.
Temporary signs, other than cloth, when eight feet or more above the ground, may project not more than six inches over public property or beyond the legal setback line.
- It is the purpose of this chapter to provide a just, equitable and practicable method, to be cumulative with and in addition to any other remedy provided by the Building Code, Housing Code or otherwise available by law, whereby buildings or structures which from any cause endanger the life, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished. The purpose of this chapter is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.
- The provisions of this chapter shall apply to all dangerous or unsafe buildings, as herein defined, which are now in existence or which may hereafter become dangerous in the City.
- Alterations, Additions and Repairs. All buildings or structures which are required to be repaired under the provisions of this chapter shall be subject to the provisions of the Building Code for new facilities except as specifically provided in the Existing Structures section of the code.
The following terms shall have the following meanings:
1. “Owner” means any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the State, County or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such property, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
2. “Technically infeasible” means an alteration of a building or a facility that has little likelihood of being accomplished because the existing structural conditions require the removal or alteration of a load-bearing member that is an essential part of the structural frame, or because other existing physical or site constraints prohibit modification or addition of elements, spaces or features which are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide accessibility.
1. Administration. The code official is hereby authorized to enforce the provisions of this chapter.
2. Inspections. The health officer, the fire marshal and the building official are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter.
3. Right of Entry. When it is necessary to make an inspection to enforce the provisions of this chapter, or when the code official or the code official’s representative has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this chapter which makes the building or premises unsafe, dangerous or hazardous, the code official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this chapter, provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested.
1. It is unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this chapter.
2. If a notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this chapter or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
1. Notice to Person Responsible. Whenever the code official determines that there has been a violation of this chapter or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed below to the person responsible for the violation as specified in this chapter. Notices for condemnation procedures shall also comply with Section 157.06.
2. Form. Such notice prescribed above shall be in accordance with all of the following:
A. Be in writing.
B. Include a description of the real estate sufficient for identification.
C. Include a statement of the violation or violations and why the notice is being issued.
D. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this chapter.
E. Inform the property owner of the right to appeal.
F. Include a statement of the right to recover costs.
3. Method of Service. Such notice shall be deemed to be properly served if a copy thereof is:
A. Delivered personally;
B. Sent by certified or first-class mail addressed to the last known address; or
C. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.
Transfer of Ownership. It is unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such order or notice.
1. General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this chapter.
A. Unsafe Structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
B. Unsafe Equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
C. Structures Unfit for Human Occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this chapter, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
D. Unlawful Structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this chapter, or was erected, altered or occupied contrary to law.
2. Closing of Vacant Structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.
3. Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 157.05. If the notice pertains to equipment, it shall also be placed in the condemned equipment.
4. Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word “Condemned” and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this chapter.
5. Prohibited Occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this chapter.
6. Extension of Time to Perform. Upon receipt of an application from the person required to conform to the order and by agreement of such person to comply with the order if allowed additional time, the code official may grant an extension of time, not to exceed an additional 120 days, within which to complete said repair, rehabilitation or demolition, if the code official determines that such an extension of time will create or perpetuate a situation imminently dangerous to life or property. The code official’s authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect the time to appeal the notice and order.
7. Interference with Repair or Demolition Work Prohibited. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the City or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this chapter, or with any person to whom such building has been lawfully sold pursuant to the provisions of this chapter, whenever such officer, employee, contractor or authorized representative of the City, person having an interest or estate in such building or structure, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing any such building, pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this chapter.
1. Imminent Danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official.” It is unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.
2. Temporary Safeguards. Notwithstanding other provisions of this chapter, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency.
3. Closing Streets. When necessary for public safety, the code official shall temporarily close structures and close sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
4. Emergency Repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
5. Costs of Emergency Repairs. Costs incurred in the performance of emergency work shall be paid from the repair and demolition fund, and such costs may be recovered in the manner provided in Chapter 50 of this Code of Ordinances.
6. Repayment of Repair and Demolition Fund. All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the City Treasurer, who shall credit the same to the repair and demolition fund.
7. Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this chapter.
1. The code official shall order the owner of any premises upon which is located any structure, which in the code official’s judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner’s option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure.
2. Notices and Orders. All notices and orders shall comply with Section 157.05.
3. Failure to Comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
4. Salvage Materials. When any structure has been ordered demolished and removed, the Council or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.
Any person directly affected by a decision of the code official or a notice or order issued under this chapter shall have the right to appeal to the Building and Housing Board of Appeals as provided in Section 155.07 of this Code of Ordinances. An application for appeal shall be based on a claim that the true intent of this chapter or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this chapter do not fully apply, or the requirements of this chapter are adequately satisfied by other means.
The purpose of this chapter is to protect the public health, safety, and welfare, esthetics, and property values, by establishing minimum standards for maintenance, appearance, condition, and occupancy, and for essential utilities, facilities, and other physical components and conditions to make residential premises fit for human habitation, and to make nonresidential premises fit for use according to the purpose for which they were developed; by fixing certain responsibilities and duties upon the owners and managers, and distinct and separate responsibilities and duties upon the occupants; by authorizing and establishing procedures for inspection of premises, and enforcement of this chapter; establishing penalties for violations; and providing for proper repair, demolition, or vacation of premises which do not comply with this chapter.
The provisions of this chapter shall be interpreted and applied as minimum requirements, and shall not be deemed a limitation or repeal of any other power granted by the Code of Iowa. Nothing in this chapter shall be construed to abrogate the federal or State Constitutions, nor to grant powers to the City that are otherwise reserved by and for federal and State government.
It is not the intent of this chapter to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations, or permits previously adopted or issued pursuant to law. Where two or more provisions apply the higher standard shall prevail.
Words used in this chapter shall have the same meaning as words defined by the Zoning Ordinance, unless otherwise defined by this chapter.
1. “Deterioration” means a state of conditions caused by a lack of maintenance or excessive use, characterized by holes, breaks, rot, crumbling, peeling paint, rusting, or other evidence of physical decay or neglect.
2. “Enforcement Officer” means the Police Chief, Code Compliance Officer, or City Administrator.
3. “Exposed to public view” means any premises or any part thereof which may be lawfully viewed by the public or from adjoining premises.
4. “Exterior” means yards and other open outdoor spaces on premises, and the external surfaces of any structure.
5. “Extermination” means the control and elimination of insects, rodents, and vermin.
6. “Farm” means any agricultural property that is permitted in the A Agricultural District under the City’s zoning ordinance.
7. “Infestation” means the presence of insects, rodents, vermin, or other pests on the premises to the extent that they constitute a health hazard, are deemed by an Enforcement Officer to be in threat of spreading to adjoining premises, or are exposed to public view.
8. “Inoperable/obsolete vehicle” means any vehicle that is not licensed for the current year as required by law or which exhibits any of the following characteristics:
A. Cannot legally travel on a public street due to broken, damaged, or missing windshield or other glass customary to the vehicle, fender, door, bumper, hood, wheel, steering wheel, or exhaust system;
B. Lacking an engine or other means of power suitable to the design, one or more wheels, or other structural parts which renders the vehicle incapable of both forward and reverse movement in the manner for which it was designed;
C. Has become a habitat for rats, mice, snakes, or any other vermin or insects; or
D. Constitutes a threat to the public health and safety because of its defective or obsolete condition.
9. “Junk” means any discarded or salvaged material or fixture; obsolete or inoperable machinery or vehicle, or parts thereof; or scrap metal.
10. “Nuisance” means physical conditions that are dangerous or detrimental to the health or safety of persons on or near the premises where the conditions exist, or anything that is injurious to the senses or interferes with the comfortable enjoyment of life or property.
11. “Owner” means any person who alone, jointly, or severally with others, holds legal or equitable title to any premises, with or without accompanying actual possession thereof.
12. “Premises” means a lot, plot, or parcel of land together with the structures thereon.
13. “Public authority” means any officer of any department or branch of the City, County, or State charged with regulating health, fire, zoning, or building regulations, or other activities concerning property in the City.
14. “Refuse” means any material that has lost its value for the original purpose for which it was created or manufactured, or for its redesigned use, whether putrescible or non-putrescible, combustible or non-combustible, which is not securely stored in a building or legal outdoor storage yard; plastic; metals; glass; yard clippings, leaves, woody vegetative trimmings, and other plant wastes which have not been properly composted; vegetable or animal waste resulting from the handling, processing, storage, preparation, serving or consumption of food; crockery, bedding, furniture, or appliances; offal; rubbish; ashes or incinerator residue; construction debris; accumulation of animal feces; dead animals; or wastes from commercial or industrial processes.
15. “Vehicle” means any device designed to transport a person or property by land, air, or water, such as automobiles, trucks, trailers, motorcycles, tractors, buggies, wagons, boats, airplanes, or any combination thereof, except bicycles.
1. General. The exterior of every premises and structure shall be maintained in good repair, to the end that the premises and each structure thereon will be preserved; adjoining properties protected from blighting influences; and safety and fire hazards eliminated.
2. Maintenance of Premises. Each and every premises shall be kept free of all nuisances, health, safety and fire hazards, unsanitary conditions, and infestation. It shall be the duty of the responsible party to keep the premises free of all said conditions and to promptly remove and abate same, which include but are not limited to the following declared nuisances:
A. Weeds, Brush. Dense growth of all weeds, vines, brush or other vegetation in the City so as to constitute a health, safety or fire hazard, and including: (i) noxious weeds as defined in the Code of Iowa; (ii) any weeds or grass that is allowed to grow in excess of the heights stated below for the respective area:
(1) Eight inches - developed residential, commercial and industrial zoned areas.
(2) Twelve inches - undeveloped residential, commercial and industrial zoned areas.
(3) Eighteen inches - unplatted property and agricultural zoned property unless planted for farm cropping purposes.
B. Any inoperable or obsolete vehicle which is exposed to public view, unless located on the premises of a lawfully operated junk yard or undergoing repairs in an expeditious manner at a vehicle repair business.
C. Mud, dirt, gravel or other debris or matter, whether organic or inorganic deposited upon public property in a quantity adjudged by an enforcement officer to a threat to public safety or to cause pollution, obstruction, or siltation of drainage systems, or to violate solid waste disposal regulations.
D. Failure to establish a permanent cover of perennial grasses or ornamental ground cover on any non-farm property as soon as practical after any construction, and to thereafter maintain same in such condition as to substantially bind the surface of the soil and prevent erosion, whether by sheet or gullying, or by wind or water.
E. Any nuisance as defined herein or described as such by Chapter 657 of the Code of Iowa.
F. Any alteration, modification, or obstruction which prevents, obstructs or impedes the normal flow of runoff from adjacent lands, or any alteration or modification which substantially concentrates or increases the flow of water onto an adjoining premises; or any alteration or modification which changes any elevation or flow within a surface water flowage easement or impounding area.
G. Conditions which are conducive to the harborage or breeding of vermin.
H. Facilities for the storage or processing of sewage, such as privies, vaults, sewers, private drains, septic tanks, cesspools, and drain fields, which have failed or do not function properly, as may be evidence by overflow, leakage, seepage, or emanation of odors, or which do not comply with the Benton County Health Department regulations, as applicable. Septic tanks, cisterns, and cesspools which are no longer in use shall be removed, or emptied and filled with clean dirt or sand.
I. Fences or retaining walls that are not structurally sound or which are deteriorating, as may be evidenced by leaning or loose elements.
J. Dead or diseased trees or other woody vegetation which may lead to the spread of the disease to other specimens or pose a threat to safety or building; major parts thereof, such as a limb, which may be dead or broken or otherwise pose a threat to safety or buildings on adjoining premises; any vegetation located on private property which overhangs and is less than 12 feet above the traveled portion of any public street, or is less than seven feet above any sidewalk.
K. Loose, overhanging objects or accumulations of ice or snow, which by reason of location above ground level constitute a danger of falling on persons in the vicinity thereof.
3. Building Maintenance. Every building shall be maintained to be weather and water tight, and free from excessively peeling paint or other conditions suggestive of deterioration or inadequate maintenance. Exterior surfaces shall not have any holes or broken glass; loose, cracked, or damaged shingles or siding; or other defects in the exterior finish which admit rain, rodents, insects, or vermin. All wood, including floorboards, subfloors, joists, bridging, roof rafters and sheathing, and all other wood in any interior or exterior floor, wall, roof, or other part of the structure, shall be maintained to be free of cracks affecting structural integrity, termite damage, infestation, or rot. Any and all damaged or deteriorating materials shall be replaced. If infestation exists in any basement, cellar, or crawl space, such infestation shall be remedied in accordance with industry standards.
4. All refuse shall be contained in suitable collection containers; kept free from infestation; and shall be removed weekly.
5. Residing and Reconstruction. Materials and practices used in reconstruction and residing shall be of standard quality and appearance commensurate with the character of other properties in the vicinity of the premises. Their appearance, as judged under prevailing appraisal practices and standards, shall not depreciate the value of adjoining premises or the neighborhood.
6. Exception for Farms. Any agricultural property that is permitted in the A Agricultural District under the City’s zoning ordinance shall be exempted from this chapter so long as it remains a permitted agricultural property.
1. Enforcement. The creation or maintenance of a violation of this chapter is prohibited and shall constitute a misdemeanor. Each day that a violation is permitted to continue constitutes a separate offense.
A. All inspections, enforcement actions, and hearings on violations, unless expressly stated to the contrary, shall be under the direction and supervision of an Enforcement Officer, who may appoint or designate other public officers or employees to perform duties as may be necessary to enforce this chapter, including inspections and holding of hearings. The Enforcement Officers are hereby authorized to abate such violations in accordance with the procedures of this chapter and to serve notice to abate same.
B. The objective of this chapter being the abatement of violations, persons violating this chapter shall be allowed a reasonable amount of time to voluntarily remedy the violation before action to assess costs or penalties for a violation is undertaken. Consideration will be given to evidence of a good faith effort to correct the violation; whether an imminent health or safety hazard exists; whether the person has previously been notified of or charged with violations of a similar nature; and other factors.
C. Whenever the enforcement officer finds that a nuisance exists, such officer shall cause to be served upon the property owner of the property on which the nuisance exists a written notice to abate the nuisance within a reasonable time after notice.
D. The notice to abate shall contain:
(1) Description of Nuisance. A description of what constitutes the nuisance.
(2) Location of Nuisance. The location of the nuisance.
(3) Acts Necessary to Abate. A statement of the act or acts necessary to abate nuisance.
(4) Reasonable Time. A reasonable time within which to complete the abatement.
(5) Assessment of City Costs. A statement that if the nuisance or condition is not abated as directed and no request for hearing is made within the time prescribed, the City will abate it and assess the costs against such person.
E. Violations which are not voluntarily remedied may be abated by an administrative abatement process; the municipal infraction process; by court proceedings; or by City abatement and assessment of costs therefore against the property owner, at the discretion of the City.
F. The enforcement officer may, but shall not be required to, give notice to abate prior to issuance of a civil citation for a repeat offense involving the same property and occurring within a year of a prior violation and notice to abate.
2. Notice. When service of a notice to abate is required, it shall be served upon the owner of the property on which the nuisance exists by: (i) personal service as provided in Rule of Civil Procedure 1.305; or (ii) by certified mail addressed to the person’s last known mailing address, return receipt requested; or (iii) by publication in the manner as provided in Rule of Civil Procedure 1.310 and subject to the conditions of Rule of Civil Procedure 1.311.
3. Appeal. Any person affected by any notice to abate a violation of this chapter may request a hearing on the matter before the City Council, provided that a written appeal shall be filed with the City Clerk within 10 days after the notice to abate was served. The appeal shall be filed on a form provided by the City for that purpose, and shall state the particular section of the ordinance or interpretation thereof being appealed, and a brief statement of the grounds upon which such appeal is taken. Failure to file a timely appeal as prescribed herein shall constitute a waiver of the right to a hearing, and the notice shall become final. The hearing will be before the Council at a time and place fixed by the Council. The findings of the Council shall be conclusive and, if a nuisance is found to exist, it shall be ordered abated within a reasonable time under the circumstances.
4. Abatement Remedies and Penalties. In the event that the violation is not abated as ordered and within the time specified, the City may abate such violation by any of the following means:
A. By undertaking such abatement and keeping an accurate account of the expense incurred. The itemized expense account shall be filed with the Clerk who shall pay such expenses on behalf of the City. The Clerk shall send a statement of the total expense incurred by certified mail to the property owner who has failed to abide by the notice to abate, and if the amount shown by the statement has not been paid within one month, the Clerk shall certify the costs to the County Treasurer and such costs shall then be collected with, and in the same manner, as general property taxes.
B. By issuance of a civil citation charging the owner with a municipal infraction violation. Abatement may include but is not limited to repair, removal, cleaning, extermination, cutting, mowing, grading, sewer repairs, draining, securing, barricading or fencing, and elimination of nuisances. Abatement costs may include the cost of removing or eliminating the violation; the costs of investigation, such as title searches, inspection, and testing; the cost of notification; filing costs; and other related administrative costs, of which such costs or the balance of such costs may be assessed against the premises in the same manner as a property tax. Inoperable or obsolete vehicles which have been impounded may be sold in accordance with State law. If an inoperable or obsolete vehicle is not sold or if the proceeds of such sale or redemption are not sufficient to pay the costs of abatement, storage, and sale of said inoperable or obsolete vehicle, such cost of abatement, storage, and sale of said inoperable or obsolete vehicle, may be assessed against the premises in the same manner as a property tax. The court may order any one or more of the following:
(1) Levy a civil penalty (fine) against the defendant of up to $750.00 for the first offense and up to $1,000.00 for repeat offenses.
(2) Order abatement of the violation in any manner.
(3) Place a judgment against the person and/or property of defendant for the costs of abatement.
5. Emergency Abatement Procedure. If an Enforcement Officer determines that a violation exists and constitutes an imminent, clear, and compelling danger to health, safety or welfare of persons or property, the Enforcement Officer is authorized to abate the violation or have it abated without prior notice and opportunity for hearing. The costs of such action may be assessed against the premises. However, prior to such assessment, the City shall give a property owner notice and the opportunity for a hearing before the City Council in accordance with subsection 3 above.
1. Authority. The City Council is hereby empowered to hold hearings on appeals from the regulations of this chapter.
2. Procedure. Upon receipt of a timely-filed appeal, the City Council shall set a time and place for them to hear such appeal and shall publish notice thereof.
A. The hearing shall be open to the public and shall be recorded either electronically or manually. All parties shall be afforded an opportunity to respond and present evidence and argument. If the appellant fails to appear at such hearing, the City Council may proceed with the hearing and make a decision in the absence of the appellant.
B. The City Council’s finding shall be based upon the kind of evidence on which reasonably prudent persons are accustomed to rely for the conduct of their serious affairs, even if such evidence would be inadmissible in a court of law. The City Council’s experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence. The presiding officer of the City Council shall conduct the hearing.
3. Decision of the City Council. No hearing shall be valid unless a majority of the City Council is present. The City Council shall render a decision based upon the record, at the conclusion of the hearing or within a reasonable time thereafter. The City Council may affirm, modify or reverse any action, interpretation, notice or order which has been issued in connection with the enforcement of this chapter. Following the decision of the City Council, all parties shall be notified of the decision personally or by general mail service delivered to the address provided by the party.
1. The Legislature of the State of Iowa has in Chapter 414, Code of Iowa, as amended, delegated the power to cities to enact zoning regulations to secure safety from flood and to promote health and the general welfare.
2. Findings of Fact.
A. The flood hazard areas of the City are subject to periodic inundation which can result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base all of which adversely affect the public health, safety and general welfare of the community.
B. These flood losses, hazards, and related adverse effects are caused by: (i) the occupancy of flood hazard areas by uses vulnerable to flood damages which create hazardous conditions as a result of being inadequately elevated or otherwise protected from flooding; and (ii) the cumulative effect of obstructions on the flood plain causing increases in flood heights and velocities.
C. This chapter relies upon engineering methodology for analyzing flood hazards which is consistent with the standards established by the Department of Natural Resources.
3. Statement of Purpose. It is the purpose of this chapter to protect and preserve the rights, privileges and property of the City and its residents and to preserve and improve the peace, safety, health, welfare, and comfort and convenience of its residents by minimizing those flood losses described in this chapter with provisions designed to:
A. Reserve sufficient flood plain area for the conveyance of flood flows so that flood heights and velocities will not be increased substantially.
B. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood or which cause excessive increases in flood heights or velocities.
C. Require that uses vulnerable to floods, including public facilities that serve such uses, be protected against flood damage at the time of initial construction or substantial improvement.
D. Protect individuals from buying lands that may not be suited for intended purposes because of flood hazard.
E. Assure that eligibility is maintained for property owners in the community to purchase flood insurance through the National Flood Insurance Program.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
1. “Appurtenant structure” means a structure that is on the same parcel of the property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.
2. “Base flood” means the flood having one percent chance of being equaled or exceeded in any given year. (See “100-year flood.”)
3. “Base flood elevation” means the elevation floodwaters would reach at a particular site during the occurrence of a base flood event.
4. “Basement” means any enclosed area of a building which has its floor or lowest level below ground level (subgrade) on all sides. (Also see “lowest floor.”)
5. “Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
6. “Existing construction” means any structure for which the “start of construction” commenced before the effective date of the first flood plain management regulations adopted by the community and may also be referred to as “existing structure.”
7. “Existing factory-built home park or subdivision” means a factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of these flood plain management regulations.
8. “Expansion of existing factory-built home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
9. “Factory-built home” means any structure, designed for residential use which is wholly (or in substantial part) made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation, on a building site. For the purpose of this chapter, factory-built homes include mobile homes, manufactured homes, and modular homes and also include “recreational vehicles” that are placed on a site for greater than 180 consecutive days and not fully licensed for and ready for highway use.
10. “Factory-built home park” means a parcel or contiguous parcels of land divided into two or more factory-built home lots for sale or lease.
11. “Flood” means a general and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of streams or rivers or from the unusual and rapid runoff of surface waters from any source.
12. “Flood elevation” means the elevation floodwaters would reach at a particular site during the occurrence of a specific flood. For instance, the 100-year flood elevation is the elevation of flood waters related to the occurrence of the 100-year flood.
13. “Flood Insurance Rate Map” (FIRM) means the official map prepared as part of (but published separately from) the Flood Insurance Study which delineates both the flood hazard areas and the risk premium zones applicable to the community.
14. “Flood insurance study” means an examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations.
15. “Flood plain” means any land area susceptible to being inundated by water as a result of a flood.
16. “Flood plain management” means an overall program of corrective and preventive measures for reducing flood damages and promoting the wise use of flood plains, including but not limited to emergency preparedness plans, flood control works, flood proofing and flood plain management regulations.
17. “Flood proofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures, including utility and sanitary facilities, which will reduce or eliminate flood damage to such structures.
18. “Floodway” means the channel of a river or stream and those portions of the flood plains adjoining the channel, which are reasonably required to carry and discharge floodwaters or flood flows so that confinement of flood flows to the floodway area will not cumulatively increase the water surface elevation of the base flood by more than one foot.
19. “Floodway fringe” means those portions of the flood plain, other than the floodway, which can be filled, leveed, or otherwise obstructed without causing substantially higher flood levels or flow velocities.
20. “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
21. “Historic structure” means any structure that is:
A. Listed individually in the National Register of Historic Places maintained by the Department of Interior or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing of the National Register;
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (i) by an approved state program as determined by the Secretary of the Interior; or (ii) directly by the Secretary of the Interior in states without approved programs.
22. “Lowest floor” means the floor of the lowest enclosed area in a building including a basement except when all the following criteria are met:
A. The enclosed area is designed to flood to equalize hydrostatic pressure during floods with walls or openings that satisfy the provisions of Section 160.06(4)(A) of this chapter; and
B. The enclosed area is unfinished (not carpeted, dry-walled, etc.) and used solely for low damage potential uses such as building access, parking or storage; and
C. Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one foot above the 100-year flood level; and
D. The enclosed area is not a basement, as defined in this section.
In cases where the lowest enclosed area satisfies criteria A, B, C and D above, the lowest floor is the floor of the next highest enclosed area that does not satisfy the criteria above.
23. “Minor projects” means small development activities (except for filling, grading and excavating) valued at less than $500.00.
24. “New construction” (new buildings, factory-built home parks) means those structures or development for which the start of construction commenced on or after April 1, 1987.
25. “New factory-built home park or subdivision” means a factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of these flood plain management regulations.
26. “100-year flood” means a flood, the magnitude of which has a one percent chance of being equaled or exceeded in any given year or which, on the average, will be equaled or exceeded at least once every 100 years.
27. “Recreational vehicle” means a vehicle that is:
A. Built on a single chassis;
B. Four hundred (400) square feet or less when measured at the largest horizontal projection;
C. Designed to be self-propelled or permanently towable by a light duty truck; and
D. Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.
28. “Routine maintenance of existing buildings and facilities” means repairs necessary to keep a structure in a safe and habitable condition that do not trigger a building permit, provided they are not associated with a general improvement of the structure or repair of a damaged structure. Such repairs include:
A. Normal maintenance of structures such as re-roofing, replacing roofing tiles and replacing siding;
B. Exterior and interior painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work;
C. Basement sealing;
D. Repairing or replacing damaged or broken window panes;
E. Repairing plumbing systems, electrical systems, heating or air conditioning systems and repairing wells or septic systems.
29. “Special flood hazard area” means the land within a community subject to the 100-year flood. This land is identified as Zone A on the community’s Flood Insurance Rate Map.
30. “Start of construction” includes substantial improvement, and means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement, was within 180 days of the permit date. The actual start means either the first placement or permanent construction of a structure on a site, such as pouring of a slab or footings, the installation of pile, the construction of columns, or any work beyond the stage of excavation; or the placement of a factory-built home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.
31. “Structure” means anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, cabins, factory-built homes, storage tanks, and other similar uses.
32. “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
33. “Substantial improvement” means any improvement to a structure which satisfies either of the following criteria:
A. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (i) before the “start of construction” of the improvement, or (ii) if the structure has been “substantially damaged” and is being restored, before the damage occurred. The term does not, however, include any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. The term also does not include any alteration of a “historic structure,” provided the alteration will not preclude the structure’s designation as a “historic structure.”
B. Any addition which increases the original floor area of a building by 25 percent or more. All additions constructed after April 1, 1987, shall be added to any proposed addition in determining whether the total increase in original floor space would exceed 25 percent.
34. “Variance” means a grant of relief by a community from the terms of the flood plain management regulations.
35. “Violation” means the failure of a structure or other development to be fully compliant with the community’s flood plain management regulations.
1. Lands to Which Chapter Applies. The provisions of this chapter shall apply to all lands within the jurisdiction of the City shown on the Official Flood Plain Zoning Map as being within the boundaries of the Floodway, Floodway Fringe, General Flood Plain, and Shallow Flooding Districts.
2. Establishment of Official Flood Plain Zoning Map. The Flood Insurance Rate Map (FIRM) prepared as part of the Flood Insurance Study for Benton County and Incorporated Areas, City of Vinton, Panels 195 and 225, dated June 3, 2008, are included herein by reference and declared to be the Official Flood Plain Zoning Map. The flood profiles and all explanatory material contained with the Flood Insurance Study and the Flood Insurance Rate Map are also declared to be a part of this chapter.
3. Rules for Interpretation of District Boundaries. The boundaries of the zoning district areas shall be determined by scaling distances on the Official Flood Plain Zoning Map. When an interpretation is needed as to the exact location of a boundary, the Zoning Administrator shall make the necessary interpretation. The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Zoning Administrator in the enforcement or administration of this chapter.
4. Compliance. No structure or land shall hereafter be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations which apply to uses within the jurisdiction of this chapter.
5. Abrogation and Greater Restrictions. It is not intended by this chapter to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provision of this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
6. Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State statutes.
7. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the flood plain district or land uses permitted within such districts will be free from flooding or flood damages. This chapter shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
8. Severability. If any section, clause, provision or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
The flood plain areas within the jurisdiction of this chapter are hereby divided into the following districts:
1. Floodway (Overlay) District — The Floodway District shall be consistent with the boundaries of the floodway as shown on the Official Flood Plain Zoning Map.
2. Floodway Fringe (Overlay) District — The Floodway Fringe District shall be those areas shown as floodway fringe on the Official Flood Plain Zoning Map.
3. General Flood Plain (Overlay) District — The General Flood Plain District shall be those areas shown on the Official Flood Plain Zoning Map as being within the approximate 100-year flood boundary.
4. Shallow Flooding (Overlay) District — The Shallow Flooding District shall be those areas shown on the Official Flood Plain Zoning Map as being within the 100-year flood boundary and identified on the Flood Insurance Rate Map as AO and AH Zone(s).
The boundaries shall be as shown on the Official Flood Plain Zoning Map. Within these districts, all uses not allowed as permitted uses or permissible as conditional uses are prohibited unless a variance to the terms of this chapter is granted after due consideration by the Board of Adjustment.
The following regulations are applicable in the Floodway (Overlay) District (FW):
1. Permitted Uses. The following uses shall be permitted within the Floodway District to the extent they are not prohibited by any other ordinance (or underlying zoning district) and provided they do not include placement of structures, factory-built homes, fill or other obstruction, the storage of material or equipment, excavation, or alteration of a watercourse.
A. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming and wild crop harvesting.
B. Industrial-commercial uses such as loading areas, parking areas, airport landing strips.
C. Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails.
D. Residential uses such as lawns, gardens, parking areas and play areas.
E. Such other open-space uses similar in nature to the above uses.
2. Conditional Uses. The following uses which involve structures (temporary or permanent), fill, storage of materials or equipment, excavation or alteration of a watercourse may be permitted only upon issuance of a conditional use permit by the Board of Adjustment as provided for in Section 160.14(1) of this chapter. Such uses must also meet the applicable provisions of the Floodway District Performance Standards.
A. Uses or structures accessory to open-space uses.
B. Circuses, carnivals, and similar transient amusement enterprises.
C. Drive-in theaters, new and used car lots, roadside stands, signs, and billboards.
D. Extraction of sands, gravel, and other materials.
E. Marinas, boat rentals, docks, piers and wharves.
F. Utility transmission lines and underground pipelines.
G. Other uses similar in nature to uses described in subsection 1 and this subsection which are consistent with the provisions of subsection 3 of this section and the general spirit and purpose of this chapter.
3. Performance Standards. All Floodway District uses allowed as a permitted or conditional use shall meet the following standards.
A. No use shall be permitted in the Floodway District which would result in any increase in the 100-year flood level. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands.
B. All uses within the Floodway District shall:
(1) Be consistent with the need to minimize flood damage.
(2) Use construction methods and practices that will minimize flood damage.
(3) Use construction materials and utility equipment that are resistant to flood damage.
C. No use shall affect the capacity or conveyance of the channel or floodway of any tributary to the main stream, drainage ditch or any other drainage facility or system.
D. Structures, buildings, and sanitary and utility systems, if permitted, shall meet the applicable performance standards of the Floodway Fringe District and shall be constructed or aligned to present the minimum possible resistance to flood flows.
E. Buildings, if permitted, shall have low flood damage potential and shall not be for human habitation.
F. Storage of materials or equipment that are buoyant, flammable, explosive, or injurious to human, animal or plant life is prohibited. Storage of other material may be allowed if readily removable from the Floodway District within the time available after flood warning.
G. Watercourse alterations or relocations (channel changes and modifications) must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved by the Department of Natural Resources.
H. Any fill allowed in the floodway must be shown to have some beneficial purpose and shall be limited to the minimum amount necessary.
Pipeline river or stream crossings shall be buried in the streambed and banks or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering or due to the action of flood flows.
The following regulations shall be applicable in the Floodway Fringe (Overlay) District (FF). All uses within the Floodway Fringe District shall be permitted to the extent that they are not prohibited by any other ordinance (or underlying zoning district) and provided they meet applicable performance standards of the Floodway Fringe District. All uses must be consistent with the need to minimize flood damage and meet the following applicable performance standards.
1. All Structures. All structures shall:
A. Be adequately anchored to prevent flotation, collapse or lateral movement of the structure.
B. Be constructed with materials and utility equipment resistant to flood damage.
C. Be constructed by methods and practices that will minimize flood damage.
2. Residential Buildings. All new or substantially improved residential structures shall have the lowest floor, including basement, elevated a minimum of one foot above the 100-year flood level. Construction shall be upon compacted fill which shall, at all points, be no lower than one foot above the 100-year flood level and extend at such elevation at least 18 feet beyond the limits of any structure erected thereon. Alternate methods of elevating (such as piers) may be allowed subject to favorable consideration by the Board of Adjustment and issuance of a conditional use permit, where existing topography, street grades, or other factors preclude elevating by fill. In such cases, the methods used must be adequate to support the structure as well as withstand the various forces and hazards associated with flooding. All new residential structures shall be provided with a means of access which will be passable by wheeled vehicles during the 100-year flood.
3. Nonresidential Buildings. All new or substantially improved non-residential buildings shall have the lowest floor (including basement) elevated a minimum of one foot above the 100-year flood level, or together with attendant utility and sanitary systems, be flood proofed to such a level. When flood proofing is utilized, a professional engineer registered in the State of Iowa shall certify that the flood proofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 100-year flood; and that the structure, below the 100-year flood level is watertight with walls substantially impermeable to the passage of water. A record of the certification indicating the specific elevation (in relation to the North American Vertical Datum) to which any structures are flood proofed shall be maintained by the Administrator.
4. All New and Substantially Improved Structures.
A. Fully enclosed areas below the lowest floor (not including basements) which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following minimum criteria:
(1) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
(2) The bottom of all openings shall be no higher than one foot above grade.
(3) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic entry and exit of floodwaters.
Such areas shall be used solely for parking of vehicles, building access and low damage potential storage.
B. New and substantially improved structures must be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
C. New and substantially improved structures must be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
5. Factory-Built Homes. All factory-built homes including those placed in existing factory-built home parks or subdivisions shall be anchored to resist flotation, collapse or lateral movement. The following specific requirements (or their equivalent) shall be met:
A. Over-the-top ties shall be provided at each of the four corners of the factory-built home, with two additional ties per side at intermediate locations and factory-built homes less than 50 feet long requiring one additional tie per side;
B. Frame ties shall be provided at each corner of the home with five additional ties per side at intermediate points and factory-built homes less than 50 feet long requiring four additional ties per side;
C. All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
D. Any additions to factory-built homes shall be similarly anchored.
Factory-built homes, including those placed in existing factory-built home parks or subdivisions, shall be elevated on a permanent foundation such that the lowest floor of the structure is a minimum of one foot above the 100-year flood level.
6. Utility and Sanitary Systems.
A. All new and replacement sanitary sewer systems shall be designed to minimize or eliminate infiltration of flood waters into the system as well as the discharge of effluent into flood waters. Wastewater treatment facilities (other than on-site systems) shall be provided with a level of flood protection equal to or greater than one foot above the 100 year flood elevation.
B. On site waste disposal and water systems shall be located or designed to avoid impairment to the system or contamination from the system during flooding.
C. New or replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. Water supply treatment facilities (other than on-site systems) shall be provided with a level of protection equal to or greater than one foot above the 100-year flood elevation.
D. Utilities such as gas and electrical systems shall be located and constructed to minimize or eliminate flood damage to the system and the risk associated with such flood damaged or impaired systems.
7. Storage of Flammable Materials. Storage of materials and equipment that are flammable, explosive or injurious to human, animal or plant life is prohibited unless elevated a minimum of one foot above the 100-year flood level. Other material and equipment must either be similarly elevated or: (i) not subject to major flood damage and anchored to prevent movement due to floodwaters; or (ii) readily removable from the area within the time available after flood warning.
8. Flood Control Structures. Flood control structural works such as levees, flood walls, etc. shall provide, at a minimum, protection from a 100-year flood with a minimum of three feet of design freeboard and shall provide for adequate interior drainage. In addition, structural flood control works shall be approved by the Department of Natural Resources.
9. Watercourses. Watercourse alterations or relocations must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved by the Department of Natural Resources.
10. Subdivision. Subdivisions (including factory-built home parks and subdivisions) shall be consistent with the need to minimize flood damages and shall have adequate drainage provided to reduce exposure to flood damage. Development associated with subdivision proposals (including the installation of public utilities) shall meet the applicable performance standards of this chapter. Subdivision proposals intended for residential use shall provide all lots with a means of access which will be passable by wheeled vehicles during the 100-year flood. Proposals for subdivisions greater than five acres or 50 lots (whichever is less) shall include 100-year flood elevation data for those areas located within the Flood Plain District.
11. Accessory Structures.
A. Detached garages, sheds, and similar structures that are incidental to a residential use are exempt from the base flood elevation requirements where the following criteria are satisfied.
(1) The structure shall be designed to have low flood damage potential. Its size shall not exceed 600 square feet in size. Those portions of the structure located less than one foot above the base flood elevation must be constructed of flood-resistant materials.
(2) The structure shall be used solely for low flood damage potential purposes such as vehicle parking and limited storage. The structure shall not be used for human habitation.
(3) The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters.
(4) The structure shall be firmly anchored to prevent flotation, collapse, and lateral movement.
(5) The structure’s service facilities such as electrical and heating equipment shall be elevated or flood proofed to at least one foot above the 100-year flood level.
(6) The structure’s walls shall include openings that satisfy the provisions of paragraph 4(A) of this section.
B. Exemption from the 100-year flood elevation requirements for such a structure may result in increased premium rates for flood insurance coverage of the structure and its contents.
12. Recreational Vehicles.
A. Recreational vehicles are exempt from the requirements of subsection 5 of this section regarding anchoring and elevation of factory-built homes when the following criteria are satisfied.
(1) The recreational vehicle shall be located on the site for less than 180 consecutive days, and,
(2) The recreational vehicle must be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system and is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.
B. Recreational vehicles that are located on the site for more than 180 consecutive days or are not ready for highway use must satisfy requirements of subsection 5 of this section regarding anchoring and elevation of factory-built homes.
13. Pipeline Crossings. Pipeline river and stream crossings shall be buried in the streambed and banks, or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering.
The following regulations are applicable in the General Flood Plain (Overlay) District (FP):
1. Permitted Uses. The following use shall be permitted within the General Flood Plain District to the extent they are not prohibited by any other ordinance (or underlying zoning district) and provided they do not include placement of structures, factory-built homes, fill or other obstructions, the storage of materials or equipment, excavation, or alteration of a watercourse.
A. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming and wild crop harvesting.
B. Industrial and commercial uses such as loading areas, parking areas, airport landing strips.
C. Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails.
D. Residential uses such as lawns, gardens, parking areas and play areas.
2. Conditional Uses. Any uses which involve placement of structures, factory-built homes, fill or other obstructions, storage of materials or equipment, excavation or alteration of a watercourse may be allowed only upon issuance of a conditional use permit by the Board of Adjustment as provided for in Section 160.14(1) of this chapter. All such uses shall be reviewed by the Department of Natural Resources to determine: (i) whether the land involved is either wholly or partly within the floodway or floodway fringe; and (ii) the 100-year flood level. The applicant shall be responsible for providing the Department of Natural Resources with sufficient technical information to make the determination.
3. Performance Standards.
A. All conditional uses, or portions thereof, to be located in the floodway as determined by the Department of Natural Resources shall meet the applicable provisions and standards of the Floodway (Overlay) District (Section 160.05).
B. All conditional uses, or portions thereof, to be located in the floodway fringe as determined by the Department of Natural Resources shall meet the applicable provisions and standards of the Floodway Fringe (Overlay) District (Section 160.06).
1. Permitted Uses. All uses within the Shallow Flooding District shall be permitted to the extent that they are not prohibited by any other ordinance (or underlying zoning district) and provided they meet the applicable performance standards of the Shallow Flooding District.
2. Performance Standards. The performance standards for the Shallow Flooding District shall be the same as the performance standards for the Floodway Fringe District with the following exceptions:
A. In shallow flooding areas designated as an AO Zone on the Flood Insurance Rate Map, the minimum flood proofing/flood protection elevation shall be equal to the number of feet as specified on the Rate Map above the crown of the nearest street.
B. In shallow flooding areas designated as an AH Zone on the Flood Insurance Rate Map, the minimum flood proofing/flood protection elevation shall be equal to the elevation as specified on the Rate Map.
A Zoning Administrator designated by the Mayor shall administer and enforce this chapter and will herein be referred to as the Administrator. Duties of the Administrator include, but are not necessarily limited to the following:
1. Review all flood plain development permit applications to assure that the provisions of this chapter will be satisfied.
2. Review all flood plain development permit applications to insure that all necessary permits have been obtained from federal, State and local governmental agencies.
3. Record and maintain a record of: (i) the elevation (in relation to North American Vertical Datum) of the lowest floor (including basement) of all new or substantially improved structures; or (ii) the elevation to which new or substantially improved structures have been flood proofed.
4. Notify adjacent communities/counties and the Department of Natural Resources prior to any proposed alteration or relocation of a watercourse and submit evidence of such notifications to the Federal Insurance Administrator.
5. Keep a record of all permits, appeals variances and such other transactions and correspondence pertaining to the administration of this chapter.
6. Submit to the Federal Insurance Administrator an annual report concerning the community’s participation, utilizing the annual report form supplied by the Federal Insurance Administrator.
7. Notify the Federal Insurance Administration of any annexations or modifications to the community’s boundaries.
8. Review subdivision proposals to insure such proposals are consistent with the purpose of this chapter and advise the Board of Adjustment of potential conflict.
A flood plain development permit issued by the Administrator shall be secured prior to any flood plain development (any manmade change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, filling, grading, paving, excavation or drilling operations), including the placement of factory-built homes.
Application shall be made on forms furnished by the Administrator and shall include the following:
1. Description of the work to be covered by the permit for which application is to be made.
2. Description of the land on which the proposed work is to be done (i.e., lot, block, track, street address or similar description) which will readily identify and locate the work to be done.
3. Indication of the use or occupancy for which the proposed work is intended.
4. Elevation of the 100-year flood.
5. Elevation (in relation to North American Vertical Datum) of the lowest floor (including basement) of buildings or of the level to which a building is to be flood proofed.
6. For buildings being improved or rebuilt, the estimated cost of improvements and market value of the building prior to the improvements.
7. Such other information as the Administrator deems reasonably necessary for the purpose of this chapter.
The Administrator shall, within a reasonable time, make a determination as to whether the proposed flood plain development meets the applicable standards of this chapter and shall approve or disapprove the application. For disapprovals, the applicant shall be informed, in writing, of the specific reasons therefor. The Administrator shall not issue permits for conditional uses or variances except as directed by the Board of Adjustment.
Flood plain development permits issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter. The applicant shall be required to submit certification by a professional engineer or land surveyor, as appropriate, registered in the State of Iowa, that the finished fill, building floor elevations, flood proofing, or other flood protection measures were accomplished in compliance with the provisions of this chapter, prior to the use or occupancy of any structure.
A Board of Adjustment is hereby established, which shall hear and decide: (i) applications for conditional uses upon which the Board is authorized to pass under this chapter; (ii) appeals; and (iii) requests for variances to the provisions of this chapter, and shall take any other action which is required of the Board.
1. Conditional Uses. Requests for conditional uses shall be submitted to the Administrator, who shall forward such to the Board of Adjustment for consideration. Such requests shall include information ordinarily submitted with applications as well as any additional information deemed necessary to the Board of Adjustment.
2. Appeals. Where it is alleged there is any error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter, the aggrieved party may appeal such action. The notice of appeal shall be filed with the Board of Adjustment and with the official from whom the appeal is taken and shall set forth the specific reason for the appeal. The official from whom the appeal is taken shall transmit to the Board of Adjustment all the documents constituting the record upon which the action appealed from was taken.
3. Variances. The Board of Adjustment may authorize upon request in specific cases such variances from the terms of this chapter which will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship. Variances granted must meet the following applicable standards.
A. Prohibited. No variance shall be granted for any development within the Floodway District which would result in any increase in floods during the occurrence of the 100 year flood. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands.
B. Cause. Variances shall only be granted upon: (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public.
C. Required to Afford Relief. Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
D. Notice to Applicant. In cases where the variance involves a lower level of flood protection for buildings than what is ordinarily required by this chapter, the applicant shall be notified in writing over the signature of the Zoning Administrator that: (i) the issuance of a variance will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and (ii) such construction increases risks to life and property.
Department of Natural Resources Approval. All variances granted shall have the concurrence or approval of the Department of Natural Resources.
1. Hearings. Upon the filling with the Board of Adjustment of an appeal, an application for a conditional use or a request for a variance, the Board shall hold a public hearing. The Board shall fix a reasonable time for the hearing and give public notice thereof, as well as due notice to parties in interest. At the hearing, any party may appear in person or by agent or attorney and present written or oral evidence. The Board may require the appellant or applicant to provide such information as is reasonably deemed necessary and may request the technical assistance and/or evaluation of a professional engineer or other expert person or agency, including the Department of Natural Resources.
2. Decisions. The Board shall arrive at a decision on an appeal, conditional use or variance within a reasonable time. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or modify the order, requirement, decision, or determination appealed from, and it shall make its decision, in writing, setting forth the findings of fact and the reasons for its decision. In granting a conditional use or variance, the Board shall consider such factors as contained in this section and all other relevant sections of this chapter and may prescribe such conditions as contained in Section 160.17.
In passing upon applications for variances, the Board shall consider all relevant factors specified in other sections of this chapter and:
1. The danger to life and property due to increased flood heights or velocities caused by encroachments.
2. The danger that materials may be swept on to other land or downstream to the injury of others.
3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.
4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
5. The importance of the services provided by the proposed facility to the City.
6. The requirements of the facility for a flood plain location.
7. The availability of alternative locations not subject to flooding for the proposed use.
8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
9. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area.
10. The safety of access to the property in times of flood for ordinary and emergency vehicles.
11. The expected heights, velocity, duration, rate of rise and sediment transport of the flood water expected at the site.
12. Such other factors relevant to the purpose of this chapter.
Upon consideration of the factors listed above, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter. Such conditions may include, but not necessarily be limited to:
1. Modification of waste disposal and water supply facilities.
2. Limitation of periods of use and operation.
3. Imposition of operational controls, sureties, and deed restrictions.
4. Requirements for construction of channel modifications, dikes, levees. and other protective measures, provided such are approved by the Department of Natural Resources and are deemed the only practical alternative to achieving the purpose of this chapter.
5. Floodproofing measures shall be designed consistent with the flood protection elevation or the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The Board of Adjustment shall require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. Such floodproofing may include, but is not necessarily limited to the following:
A. Anchorage to resist floatation and lateral movement.
B. Installation of watertight doors, bulkheads, and shutters, or similar methods of construction.
C. Reinforcement of walls to resist water pressure.
D. Use of paints, membranes, or mortars to reduce seepage of water through walls.
E. Addition of mass or weight structures to resist floatation.
F. Installation of pumps to lower water levels in structures.
G. Construction of water supply and waste treatment systems so as to prevent the entrance of flood waters.
H. Pumping facilities or comparable practices for subsurface drainage systems for building to relieve external foundation wall and basement flood pressures.
I. Construction to resist rupture or collapse caused by water pressure or floating debris.
J. Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and storm waters into the buildings or structures.
K. Location of all electrical equipment, circuits, and installed electrical appliances in a manner which will assure they are not subject to flooding.
Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the Board.
A structure or the use of a structure or premises which was lawful before the passage or amendment of this chapter, but which is not in conformity with the provisions of this chapter, may be continued subject to the following conditions:
1. No structural alteration, addition, or repair to any nonconforming structure over the life of the structure shall exceed 50 percent of its value at the time of its becoming a nonconforming use, unless the structure is permanently changed to a conforming use.
2. If such use is discontinued for six consecutive months, any future use of the building premises shall conform to this chapter. The assessor shall notify the Zoning Administrator in writing of instances of nonconforming uses which have been discontinued for six months.
3. If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50 percent of the market value of the structure before the damage occurred, unless it is reconstructed in conformity with the provisions of this chapter.
4. Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses.
5. Except as provided in subsection 4, any use which has been permitted as a conditional use or variance shall be considered a conforming use.
No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity.
The regulations and standards set forth in this chapter may from time to time be amended, supplemented, changed, or repealed. No amendment, supplement, change, or modification shall be undertaken without prior approval of the Department of Natural Resources.
Violations of the provisions of this chapter or failure to comply with any of the requirements (including violations of conditions and safeguards established in connection with grants of conditional uses or variances) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 or imprisoned for not more than 30 days. Each day such violation continues shall be considered a separate offense. Nothing herein contained prevents the City from taking such other lawful action as is necessary to prevent or remedy violation.
The purpose of this chapter is to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to regulate the use of land, and to promote the health, morals, safety and general welfare in the City.
For the purpose of this chapter, the word “building” includes the word “structure,” and the following terms and words are defined:
1. “Accessory use or structure” means a use or structure subordinate to the principal use of a structure or land on the same lot or parcel of ground and serving a purpose customarily incidental to the use of the principal structure or use of land.
2. “Adult entertainment business” means an adult bookstore or adult video store, adult motion picture theaters, adult theaters, adult modeling studios, adult sexual encounter centers, adult motel, adult cabaret and all other adult entertainment establishments.
3. “Adult cabaret” means a nightclub, bar, juice bar, restaurant bottle club, or similar commercial establishment, regardless of whether alcoholic beverages are served, which regularly features persons who appear nude or semi-nude.
4. “Agriculture” means the use of land for agricultural purposes, including farming, dairying, pasture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for treating or storing the produce; provided, however, the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. Agriculture does not include commercial animal or poultry feeding in confined lots or buildings as defined herein.
5. “Alley” means a way which affords only a secondary means of access to property abutting thereon.
6. “Alteration” means a change in size, shape, occupancy, or use of a structure.
7. “Apartment” means a room or suite of rooms used as the dwelling of a family, including bath and culinary accommodations, located in an apartment house or mixed occupancy building.
8. “Apartment house” — see “dwelling, multiple.”
9. “Basement” means a story partly or wholly underground. Where more than one-half of its height is above the established curb level or above the average level of the adjoining ground where the curb level has not been established, a basement shall be counted as a story for purposes of height measurement.
10. “Bed and breakfast home” means a private residence which provides short-term overnight lodging and meals for guests, in which the host or hostess resides, and which contains six or fewer rooms for which compensation is received, and which, while it may advertise and accept reservations, does not hold itself out to the public to be a restaurant, hotel or motel.
11. “Boarding or rooming house” means a building other than a hotel where, for compensation and by arrangement, meals, rooms or rooms and meals are provided for three or more persons.
12. “Building” means any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind, including any additions thereto.
13. “Building, height of” means the vertical distance from the grade (elevation of the curb, sidewalk or average elevation of the ground around the structure) to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
14. “Child care” means the care, supervision or guidance of a child by a person other than the child’s parent, guardian or custodian for periods of less than 24 hours per day per child on a regular basis. Child care shall not mean special activity programs that meet on a regular basis such as music or dance classes, organized athletics or sports program, scouting program, hobby or craft classes or clubs, church related programs or an instructional program administered by a school system accredited by the Department of Education or the State Board of Regents.
(Code of Iowa, Sec. 237A.1.3)
15. “Child care center” means a facility providing child care or preschool services for seven or more children.
(Code of Iowa, Sec. 237A.1[4])
16. “District” means any section of the City for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the type and intensity of use are uniform.
17. “Dwelling” means any building or portion thereof which is designed for or used for residential purposes.
18. “Dwelling, single-family” means a building designed for or occupied exclusively by one family.
19. “Dwelling, two-family” means a building designed for or occupied exclusively by two families.
20. “Dwelling, multiple” means a building designed for or occupied exclusively by three or more families.
21. “Family” means one or more persons occupying a dwelling and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, or hotel as herein defined.
22. “Farm” means an area used for the growing of the usual farm products and their storage, as well as the raising thereon of the usual farm animals and poultry.
23. “Feedlot” means a lot, yard, corral, or other area in which livestock are confined, primarily for the purpose of feeding and growth prior to slaughter. The term does not include areas which are used for the raising of crops or other vegetation and upon which livestock are allowed to graze or feed.
(Code of Iowa, Section 172D.1)
24. “Fence” means a barrier, as of wooden or metal posts, rails, wire mesh, etc. used as a boundary or means of protection or confinement.
25. “Frontage” means all the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.
26. “Funeral establishments” means a place of business devoted to providing any aspect of mortuary science. Also, a facility where funeral arrangements, preparation, viewing of the body and funerals may be held.
27. “Garage, private” means an accessory building designed or used for the storage of not more than four automobiles or light trucks owned and used by the occupants of the building to which it is accessory. Not more than one of the vehicles may be a commercial vehicle of not more than two-ton capacity.
28. “Garage, public” means a building or portion thereof other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, or storing motor-driven vehicles.
29. “Garage, storage” means a building or portion thereof designed or used exclusively for term storage by prearrangement of motor-driven vehicles, as distinguished from daily storage furnished transients, and at which motor fuels and oils are not sold, and motor-driven vehicles are not equipped, repaired, hired, or sold.
30. “Hedge” means a row of closely planted shrubs, bushes, or trees forming a boundary or fence.
31. “Home occupation” means any occupation or profession conducted for gain or support which is conducted entirely within a dwelling structure and/or an accessory structure, which is secondary to the use of the structure for residential purposes; is conducted by a member or members of the immediate family residing therein and no more than one non-family member; uses no more than 50 percent of the area of any one floor; does not involve the display or advertisement of any products in such a manner as to be visible from the exterior of the building; does not produce externalities such as noise, smoke, dust, heat, or traffic which would detract from the character of its immediate surroundings; and has a non-illuminated sign no more than two square feet in area which is affixed to the structure itself.
32. “Hotel” means a building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boarding house, a lodging house, or an apartment which are herein separately defined.
33. “Institution” means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.
34. “Junk yard” means any area where waste, discarded, or salvaged materials are bought, sold, exchanged, baled or packed, disassembled, stored, abandoned, or handled, including the dismantling or “wrecking” of automobiles or other machinery, house-wrecking yards, used lumber yards, and places or yards for storage of salvage, house-wrecking, and structural steel materials and equipment, but not including areas where such uses are conducted entirely within a completely enclosed building.
35. “Laundromat” means a business that provides home type washing, drying and/or ironing machines for hire to be used by customers on the premises.
36. “Lot” means a parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory buildings, the open spaces and parking spaces required by this chapter, and having its principal frontage upon a street or upon an officially approved place.
37. “Lot, corner” means a lot abutting upon two or more streets at their intersection.
38. “Lot of record” means a lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder; or a parcel of land, the deed of which was recorded in the office of the County Recorder prior to the adoption of the Zoning Ordinance codified in this chapter.
39. “Mobile home” means any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons; but also includes any such vehicle with motive power not registered as a motor vehicle in Iowa. A mobile home means any such vehicle built before June 15, 1976, which was not built to a mandatory building code and which contains no State or federal seals.
(Code of Iowa, Sec. 435.1)
40. “Mobile home park” means any site, lot, field or tract of land upon which three or more mobile homes, manufactured homes, or modular homes, or a combination of any of these homes are placed on developed spaces and operated as a for-profit enterprise with water, sewer or septic, and electrical services available. The term “mobile home park” shall not be construed to include mobile homes, buildings, tents or other structures temporarily maintained by any individual, educational institution, or company on their own premises and used exclusively to house their own labor or students. A mobile home park must be classified as to whether it is a residential mobile home park or a recreational mobile home park or both. The mobile home park shall meet the requirements of any zoning regulations that are in effect.
41. “Motel” means a building or group of buildings used for the temporary residence of motorists or travelers.
42. “Nonconforming use” means the use of land or a building, or portion thereof, which use does not conform with the use regulations of the district in which it is situated.
43. “Nursing home” means a home for the aged, chronically ill or incurable persons in which three or more persons not of the immediate family are received, kept and provided with food, or shelter and care, for compensation; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis, treatment or care of the sick or injured.
44. “Parking space” means a surfaced area, enclosed in the main building or in an accessory building, or unenclosed, permanently reserved for the temporary storage of one automobile and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for automobiles.
45. “Sign” means a name, identification, description, illustration, display or device which is affixed to, painted or represented upon a structure or land and which directs attention to a product, place, activity, person, institution or business. For the purpose of definition, a sign may be single face or double face. However, a sign does not include any display or any court, public or official notice, nor does it include the flag, emblem, insignia of a nation, political unit, school, religious or charitable institution or organization. A sign also includes a permanent sign located within a building in such a manner as to be viewed or intended for view primarily from the exterior of the building.
46. “Story” means that portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.
47. “Story, half” means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story, except that any partial story used for residence purposes, other than for a janitor or caretaker or his family, or by a family occupying the floor immediately below it, shall be deemed a full story.
48. “Street” means a public or private thoroughfare which affords the principal means of access to abutting property.
49. “Structure” means anything constructed or erected, the use of which requires more or less permanent location on the ground, and which is designed for the support, enclosure, shelter or protection of persons, animals or property of any kind, including but not limited to buildings, mobile homes, walls, fences and billboards.
50. “Structural alterations” means any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof or in the exterior walls, excepting such repair or replacement as may be required for the safety of the building.
51. “Tearoom” means a public dining room or small restaurant serving tea, coffee, light lunches, etc.
52. “Travel trailer or camping vehicle” means a vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are: travel trailer, camping trailer, truck camper and motor home. Such vehicle shall be customarily or ordinarily used for vacation or recreation purposes and not used as a place of permanent habitation. If any such vehicle is used in the State as a place of human habitation for more than 90 days in any 12-month period, it shall be classed as a mobile home, regardless of the size and weight limitation provided herein. This definition also includes house cars and camp cars having motive power, devices such as pickup campers intended by design to be attached onto vehicles, and designed for temporary occupancy as defined herein.
53. “Yard” means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed between any portion of a structure from the ground upward, except fences and vegetative screening or as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of the rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
54. “Yard, front” means a yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the street or place line and the main building or any projections thereof other than the projections of the usual uncovered steps, uncovered balconies or uncovered porch.
55. “Yard, rear” means a yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the projections of uncovered steps, unenclosed balconies or unenclosed porches. On all lots the rear yard shall be in the rear of the front yard.
56. “Yard sale” means a sale of used or unwanted possessions as household articles, held in the yard of a house in a residential zone.
57. “Yard, side” means a yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of the main building or any projections thereto.
In order to classify, regulate and restrict the locations of trades, industries and the location of buildings designed for specified uses, to regulate and limit the height and bulk of buildings hereafter erected or structurally altered, to regulate and limit the intensity of the use of the lot areas, and to regulate and determine the areas of yards, courts and other open spaces within and surrounding such buildings, the City is hereby divided into districts, of which there shall be nine in number, known as:
A Agricultural District
R-1 Single-Family District
R-1A Single-Family District
R-2 Single- and Two-Family District
R-3 Multiple Dwelling District
NC Neighborhood Commercial District
B-1 Commercial District
B-2 Business District
M-1 Restricted Industrial District
M-2 General Industrial District
For the purpose of interpretation, the A Agricultural District is the most restrictive district, with districts becoming progressively less restrictive as shown on the above list, with the M-2 General Industrial District being the least restrictive district. Where reference to “more” or “less” restrictive districts is made in this chapter, interpretation shall be made in accordance with the above listing.
The boundaries of the districts are shown upon the map which is made a part of this chapter, which map is designated as the “District Map.” The District Map and all the notations, references and other information shown thereon are a part of the Zoning Ordinance and have the same force and effect as if the District Map and all the notations, references and other information shown thereon where all fully set forth and described herein, the original of which District Map is properly attested and is on file with the Clerk.
All territory which may hereafter be annexed to the City shall be automatically classified in the A Agricultural District until otherwise changed by Ordinance, after public hearing.
All streets, alleys, public ways, waterways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, public ways, or waterways and railroad rights-of-way. Where the centerline of a street, alley, public way, waterway or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.
Amendments, supplements or changes of the boundaries of districts as shown on the Official Zoning Map shall be made by an Ordinance amending the Zoning Ordinance. The amending ordinance shall refer to the Official Zoning Map and shall set out the identification of the area affected by legal description and identify the zoning district as the same exists and the new district designation applicable to said property. Said ordinance shall, after adoption and publication, be recorded by the City Clerk as other ordinances and a certified copy thereof be attached to the Official Zoning Map. Such amendatory ordinance shall, however, not repeal, or reenact said map, but only amend it. The Official Zoning Map, together with amending ordinances, shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the City. (See EDITOR’S NOTE at the end of this chapter for ordinances amending the Official Zoning Map.)
In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of use, the Council may by resolution adopt a new Official Zoning Map which shall supersede the prior map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior map, and may graphically show changes to the original map made by amendatory ordinance, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof in a manner not provided for within the ordinance. The new Official Zoning Map shall be identified by date and the signature of the Mayor attested by the Clerk, under the following words: “This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted as part of the zoning ordinance of the City.”
Except as hereinafter provided:
1. No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or land be used except for a purpose permitted in the district in which the building or land is located.
2. No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located.
3. No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located.
4. The minimum yards and other open spaces, including lot area per family, required by this chapter, or for any building erected after the adoption of the ordinance codified in this chapter, shall not be encroached upon or considered as yard or open space requirements for any other building, nor shall any lot area be reduced beyond the district requirements of this chapter.
5. No building shall be erected, or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regulations of the district in which such building is located.
6. Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building on one lot unless otherwise provided in this chapter.
A building or premises shall be used only for the following purposes:
1. Agriculture, horticulture, general farming, and other agricultural activities, but not including the raising or keeping of livestock and poultry within 500 feet of an R District.
2. Single-family dwellings.
3. Cemetery or mausoleum.
4. Churches and temples.
5. Public schools, elementary, junior high and high schools.
6. Parochial or private schools having similar curricula as public schools and having no rooms used regularly for housing or sleeping purposes.
7. Public buildings, public and semi-public parks, playgrounds, or community buildings.
8. Golf courses and country clubs, except miniature courses or driving ranges operated for a profit.
9. Commercial greenhouse and nurseries.
10. Dog kennels and animal hospitals.
11. Riding stables.
12. Municipal buildings and structures necessary for the general health, protection and welfare of the public, such as fire stations, police stations, water wells, pump stations, and other public utilities.
13. Roadside stands for the sale of produce, provided that access to such stand shall be so located as to afford a minimum sight distance of 750 feet to motor vehicles traveling on the adjacent road, and that no parking spaces shall be provided closer than 20 feet to the road right-of-way.
14. Home occupations.
15. Mining and extraction of minerals or raw materials and the manufacturing, processing, treating and storing of materials or minerals which are extracted from any portion of the district; provided that any such operation shall be located at least 50 feet from the right-of-way line of any public road, that such operation shall not be closer than 500 feet to any dwelling, park or school; that access to a public road shall not be situated in such a way as to cause real or potential traffic hazard. In addition, any person seeking a special exception for the mining or extraction of minerals or other raw materials shall submit a plan whereby the land so used would be restored by the applicant to a condition compatible with the surrounding area upon conclusion of the operation. Prior to the granting of the exception, said plan shall be referred to and approved by the Zoning Commission, and the applicant shall be required by the Board of Adjustment to post bond or to provide other appropriate assurance of the plan’s completion.
16. Sanitary landfill or waste disposal area, provided it is not used for disposal of dead animals; that refuse shall be covered with dirt daily if it contains raw garbage, that a nuisance due to smoke, odor or blowing of trash and debris shall not be created; that the site shall be restored to a condition compatible with the adjacent area upon conclusion of the dump operation. An access road having at least a graveled surface and five off-street parking spaces shall be provided. No landfill or waste disposal area shall be located closer than one-fourth mile to any dwelling, park, school or place of public assembly.
17. Communications stations and towers, provided that they shall not be closer to a dwelling or place of public assembly than a distance equal to one-half their height and location shall not interfere with the operation of any airport or landing strip.
18. Accessory buildings, including a private garage, and accessory uses customarily incident to the above uses.
A building or premises shall be used only for the following purposes.
1. Permitted Uses.
A. Single-family dwellings.
B. Farms and Truck Gardens. Raising and keeping of animals and fowl, but not on a commercial basis or on a scale objectionable to neighbors; the keeping or raising of pigs, sheep, goats, cattle or horses is prohibited except horses are permitted on premises containing two acres or more and except within a stable at least 300 feet from any residence now existing or hereafter erected, except that of the owner.
C. Golf courses and country clubs, except miniature courses or practice driving tees operated for commercial purposes.
D. Municipal buildings and structures necessary for the general health, protection and welfare of the public, such as fire stations, police stations, water wells, pump station and other public utilities.
E. Churches or temples.
2. Accessory Uses. Uses of land or structure customarily incidental and subordinate to a permitted use in an R District, including:
A. Private garages up to 1,008 square feet and 20 feet in height if compatible with the architecture and construction of similar dwellings and other buildings in the neighborhood. Metal buildings of pole type or machine shed type construction shall be designed to match the primary structure and blend with the architectural character of the neighborhood. Minimum of twelve-inch eaves required. Sliding shop style doors prohibited.
B. Satellite dishes one meter or less in diameter.
C. Amateur radio communication antenna in compliance with any FCC and airport height restrictions provided such is installed in accordance with manufacturer's instructions and a building permit is issued where required.
D. Yard and garage sales limited to four per calendar year of not more than three consecutive days each.
3. Conditional Uses. Certain uses may be permitted in the R District subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses.
A. Private garages exceeding dimensions or conditions permitted under paragraph 2(A) of this section but not to exceed 1,400 square feet. An application for oversize garage permit is required on form furnished by the Commission.
B. Bed and breakfast homes, provided that there is one off-street parking space for each guest room and the residential character of the area is maintained. The conditional use applies only to the resident/applicant and is not transferred or sold with the property.
C. Home occupations, provided such permits apply only to the resident/applicant and are not transferred or sold with the property. An application form approved by the Commission must be completed and filed. Any person submitting an application for a home occupation permit will be provided with an official temporary notice sign to be posted on the property. Such sign shall give notice that the resident/applicant has applied for a permit. The sign shall be posted from the date of application to a determination of the Commission but no more than 60 days. Child care homes or child development homes providing care to six or fewer children at any one time on a regular basis for profit are considered occupations under this section.
D. Satellite dishes more than one meter (1.09 yards) in diameter.
4. Chickens and Ducks.
A. Notwithstanding the provisions of this section, the keeping of domestic chickens and ducks shall be permitted on single-family residences and zero-lot line duplexes (where each unit owner owns a separate and distinct portion of the lot), so long as such keeping is in strict compliance with this subsection and all other applicable City ordinances unless, despite compliance with the following, the presence of any particular chickens and ducks endangers the health, safety, peace, quiet, comfort, enjoyment of, or otherwise becomes a public nuisance to nearby residents or occupants or places of business.
(1) No person shall keep chickens and ducks inside a single-family dwelling unit, multi-family dwelling units or rental units.
(2) A tenant must obtain the landlord’s written permission to keep chickens and ducks, which permission shall be submitted as part of the application for a permit.
(3) Chickens and ducks must be confined in a coop or fowl house, in the alternative, within a fenced pen area. Chickens and ducks must be kept within the coop, the fowl house, or the fenced pen area at all times unless removed for a temporary time for cleaning or for the safety of the chickens and ducks. Chickens and ducks must be housed in the coop from dusk until dawn.
(4) The coop, the fowl house, or the fenced pen area shall be located in the rear yard (as defined in Section 165.02) only, must be of such a design to be reasonably expected to prevent entry by dogs, cats, or other animals, shall be completely enclosed (except fenced pen area), shall be well maintained, and shall be well drained so there is no accumulation of moisture.
(5) The materials used in making a coop or fowl house (stationary or mobile) shall be uniform for each element of the structure such that the walls are made of the same material, the roof has the same shingles or other covering, and any windows or openings are constructed using the same materials. The use of scrap, waste board, sheet metal, or similar materials is prohibited.
(6) The coop, the fowl house, or the fenced pen area shall not be any larger than 12 square feet of area for each chicken. The coop, fowl house, or fenced pen area shall be a minimum of 25 feet from any property line, shall not exceed eight feet in height, and shall fully comply with all applicable zoning regulations.
(7) Odors from chickens and ducks, manure or other related substances shall not be perceptible beyond the boundaries of the permitted tract of land. Noise from chickens and ducks shall not disturb persons on adjoining properties or beyond based on an objective or reasonable person standard.
(8) No more than six chickens and ducks shall be kept or maintained per property.
(9) All chickens and ducks shall have wings clipped at any given time so as to eliminate the possibility of flight from the permittee’s property.
(10) All such chickens and ducks must be hens; no roosters, drakes or ganders are permitted.
(11) All chickens and ducks covered by a permit shall be banded in accordance with procedures and requirements established by the City.
(12) The City shall not be liable for injury or death of chickens and ducks caused by dogs, cats, or other animals, domestic or wild, whether such animals are licensed by the City or not. Further, injury or death of any chickens and ducks caused by an animal is not, in and of itself, sufficient grounds for the City to determine that the animal is a vicious animal pursuant to Chapter 56 of this Code of Ordinances. Any dead chickens and ducks, not caused by slaughtering, shall be disposed of immediately upon discovering in a manner so as not to cause a nuisance pursuant to Chapter 50 of this Code of Ordinances.
(13) Any slaughter of chickens and ducks not regulated by State law or otherwise forbidden or regulated shall be done only in a humane and sanitary manner and shall not be done open to the view of any public area or adjacent property owned by another.
B. No person shall keep any chickens and ducks unless such person possesses a City permit issued by the City Clerk.
(1) The City Clerk shall provide an application form upon request, which shall include consent forms for landlords and owners of adjacent properties.
(2) The fees and associated costs shall be set by resolution at a cost of $25.00.
(3) Permits will be granted for one year valid from January 1 through December 31. Permits may be purchased at any time during the year but will be valid only through December 31. Bands will be issued with the permit. The permittee shall place and keep leg bands on all of said permittee’s chickens and ducks showing the permit number.
(4) Each chicken and duck shall be banded at all times.
(5) By the granting of the permit to chickens and ducks and the application thereof, the permittee authorizes that the City or its agents have the right to go onto permittee’s property any time and without prior notice for the limited purpose of inspection of the premises to ensure that all applicable conditions have been met.
(6) Within 30 days after the expiration of any permit, the permittee shall apply for and secure a renewal of the permit in the manner provided for in this chapter. Failure to renew a permit within the time herein provided shall result in a delinquent fee, in addition to the regular permit fee, as set by the City Council. All applicants shall be furnished with permit rules and regulations at the time the application is made. Permit rules and regulations shall be approved by resolution of the City Council.
(7) The permit is a limited license for the activity, and no vested zoning rights arise from the permit being issued.
(8) The permit does not run with the land. Private restrictions on the use of the property shall remain enforceable and shall supersede the permit. The private restrictions include, but are not limited to, deed restrictions, condominium restrictions, neighborhood association bylaws, covenants and restrictions, and rental agreements. A permit issued to a person whose property is subject to private restrictions that prohibit keeping chickens and ducks is void.
C. In the event that an applicant or permittee does not fully and strictly comply with the requirements of this section, the application may be denied or the permit may be revoked. If an application is denied or a permit is revoked, the applicant or permittee shall be so informed in writing and also informed of the right to appeal said decision.
(1) In any instance where the City Clerk has denied, revoked, suspended, or not renewed a permit, the applicant or permit holder may appeal the Clerk’s decision to the City Administrator within 10 business days of receipt by the applicant or holder of the permit of the notice of the decision. The applicant or holder of the permit will be given an opportunity for a hearing. The decision of the City Administrator or any decision by the Clerk that is not appealed in accordance to this chapter shall be deemed final action.
(2) When an application for a permit is denied or when a permit is revoked:
a. The applicant may not re-apply for a new permit for a period of one year from the date of the denial or revocation unless the denial or revocation is due to administrative reasons only, as determined by the City Clerk.
b. Chickens and ducks shall be removed immediately.
c. Any coop, fowl house, fencing or other structures shall be removed within 10 days of the date of the permit being denied or revoked.
D. An owner or possessor of animals on property that is newly annexed has 90 days from the date of annexation to bring the property into compliance required by this section.
E. Any property owner possessing chickens and ducks in violation of this Code of Ordinances prior to the date the ordinance codified in this chapter became effective, which is an illegal nonconforming use, shall have 30 days to meet all requirements of this section and all other applicable provisions of this Code of Ordinances.
A violation of this subsection is a municipal infraction, as provided in Chapter 4 of this Code of Ordinances.
A building or premises shall be used only for the following purposes:
1. Any use permitted in the R-1 Single-Family Districts.
2. Unless there is specific reference to the R-1A Single-Family District, all references or provisions relating to the R-1 Single-Family District shall also apply to the R-1A Single-Family District.
A building or premises shall be used only for the following purposes:
1. Permitted Uses.
A. Any use permitted in the R-1 Single-Family Districts.
B. Two-family dwellings.
2. Conditional Uses. Certain uses may be permitted in this district subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses.
A. Bed and breakfast homes, provided that there is one off-street parking space for each guest room and the residential character of the area is maintained.
B. Home occupations, as provided under Section 165.11(3)(C).
A building or premises shall be used only for the following purposes:
1. Permitted Uses.
A. Any use in the R-2 Single-Family and Two-Family Districts.
B. Multiple dwellings.
C. Rooming and boarding houses.
D. Institutions of a religious, educational, eleemosynary or philanthropic nature, but not penal or mental institutions.
E. Hospitals, except animal, criminal or mental institutions.
F. Fraternities, sororities, private clubs and lodges, excepting those the chief activity of which is a service customarily carried on as a business.
G. Parks, playgrounds and community buildings owned or operated by the City.
H. Public schools, elementary and high, or private schools having a curriculum the same as ordinarily given in a public elementary school or public high school, day nurseries and child care centers.
I. Public libraries and museums.
J. Churches or temples.
K. Mobile home parks.
L. Accessory buildings and uses customarily incidental to any of the above uses, including storage garages, where the lot is occupied by a multiple dwelling, rooming house, hospital or institutional building.
M. Funeral establishments.
2. Conditional Uses. Certain uses may be permitted in this district subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses.
A. Home Occupations as provided under Section 165.11(3)(C).
1. Intent. This district is intended to provide certain areas of the City for the development of offices and convenience services for persons living in neighboring residential areas. Some residential types structures are also permitted. The uses permitted are intended so as to protect the abutting and surrounding residential districts. This district is normally small in size and is often located as a transition between residential and commercial areas.
2. Permitted Uses. The following uses are permitted in the NC District.
A. Offices and clinics.
B. Sales and service of goods and products conducted entirely within the building, excluding any manufacturing or processing of goods or petroleum products, and excluding consumption of prepared foods except by employees of the premises, as well as excluding taverns, bars and entertainment establishments dispensing alcoholic beverages.
C. Undertaking establishments.
3. Accessory Uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the NC District.
A. Private Garages.
B. Parking lots.
C. Temporary buildings for the uses incidental to construction work, which buildings shall be removed upon completion or abandonment of the construction work.
4. Special Exceptions. Certain uses may be permitted in the NC District subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses.
A. Single-family, two-family, or multi-family dwellings.
B. Churches and public owned and operated buildings and facilities.
C. Convenience stores which sell self-service petroleum products on the premises.
D. Group homes of family homes.
E. Preschools and child care centers.
F. Health care facility.
G. Public or private utility substations, relay stations, etc.
5. Bulk Regulations. The following requirements shall provide for light and air around permitted uses and buildings in the NC District.
|
Use |
Minimum Lot Area |
Minimum Lot Width |
Minimum Front Yard |
Minimum Side Yard |
Minimum Rear Yard |
Maximum Height (lesser of) |
|
Residental |
6,000 |
60 feet |
25 feet |
6 feet |
20 feet |
3 stories or |
|
Other Uses |
6,000 |
60 feet |
60 feet |
None |
None |
3 stories or |
6. Off-Street Parking. The following parking requirements shall apply to the NC District.
A. Single-family dwellings: two parking spaces on the lot.
B. Multi-family dwellings: one parking space on the lot for each dwelling unit.
C. Offices: one parking space per 300 square feet of gross floor area.
D. Clinics: one parking space per 300 square feet of gross floor area.
E. Sales and service buildings: one parking space per 300 square feet of gross floor area.
F. Churches: one parking space on the lot for each five seats in the main auditorium.
G. Public buildings and facilities: one parking space per 300 square feet of gross floor area.
H. Undertaking establishments: one parking space for five seats plus one parking space for each vehicle maintained on the premises.
7. Off-Street Loading. The following off-street loading requirements shall apply in the NC District.
A. All activities or uses allowed in the NC District shall be provided with adequate receiving facilities accessible by motor vehicle off any adjacent service drive or open space on the same zoning lot.
B. Loading shall not be permitted to block public right-of-way.
8. General Regulations. The following general regulations shall apply in the NC District.
A. All required yards, including those which may be used for off-street parking shall be landscaped. They shall be landscaped attractively with natural lawn, living trees, and/or shrubs, etc. Any areas left in a natural state shall be properly maintained in a sightly and well-kept condition.
B. All business shall be conducted within an enclosed yard or building, except by special exceptions.
C. All right-of-way shall be landscaped attractively with lawn, etc. Any areas left in a natural state shall be properly maintained in a sightly and well-kept condition.
9. Signs. Sign regulations are administered under the rules of Chapter 156 of this Code of Ordinances.
A building or premises shall be used only for the following purposes:
1. Permitted Uses:
A. Any use permitted in the R-3 Multi-Family District except Single-Family and Two-Family dwellings.
B. Retail stores and shops.
C. Financial institutions.
D. Recreation facilities such as theaters (except drive-in theaters), and bowling alleys.
E. Public buildings.
F. The office or studio of a dentist, artist, musician, lawyer, architect, teacher, insurance agent, brokers, real estate agents, beauty parlors, all medical practices except for the treatment of animals, or other member of a recognized profession in his or her place of abode, provided that not more than the equivalent of one-third of the area of the individual’s apartment or living unit shall be used for such purpose.
G. Motels and hotels.
H. General service and repair establishments.
I. Wholesale establishments and warehouses.
J. Accessory buildings and uses customarily incidental to any of the above uses, including satellite dishes two meters in diameter or less.
K. Aboveground petroleum tanks for retail motor vehicle fuel outlets permitted by State Fire Marshal, subject to the approval of the Council.
2. Conditional Uses. The following uses may be permitted in the B-1 District subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses.
A. One- and two-apartment units provided adequate off-street parking is provided.
B. Satellite dishes more than two meters in diameter.
A building or premises shall be used only for the following purposes.
1. Permitted Uses. Any use permitted in the B-1 Commercial District.
2. Conditional Uses. Certain uses may be permitted in the B-2 District that add to the public welfare or convenience, subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses.
A. One- and two-apartment units except in the story or basement abutting street grade, provided adequate off-street parking is provided.
1. Permitted Uses.
A. Any use permitted in the B-2 Business District except dwellings, churches and temples.
B. Any light manufacturing or industrial use, such as warehouses, research or testing laboratories, product distribution centers, woodworking shops, auto body repair and paint shops, welding shops.
C. Grain elevator and feed mill.
D. Licensed animal hospital, pound, shelter, kennel or public auction.
E. Storage, handling and use of flammable liquids, liquefied petroleum gases and liquefied natural gases approved by the State Fire Marshal.
(Code of Iowa, Chapter 101)
F. Buildings and uses customary and related to an airport operation, including hangars, FBO shop, storage facilities, commercial airplanes and maintenance and utility facilities.
G. Contractor’s shop and storage yard.
2. Permitted Accessory Uses and Structures. Uses and structures accessory to a principal permitted use or a conditional permitted use are permitted subject to the provisions of Section 165.21.
3. Excluded Uses.
A. All uses of land, buildings and structures or industrial processes that may be found to be a nuisance as defined in this Code of Ordinances.
B. Feedlots.
C. Manufacture of explosives.
A building or premises shall be used only for the following purposes, provided any use is not in conflict with any ordinance of the City regulating nuisances, and building or occupancy permit shall not be issued for any uses until approved by the Council after report by the Fire Chief and in accordance with the building code.
1. Any use permitted in the M-1 Restricted Industrial Districts.
2. Any processing and manufacturing establishment except manufacturing of explosive or flammable products.
3. Shelters for watchmen and caretakers employed on the premises.
|
DISTRICT |
MAXIMUM HEIGHT OF BUILDINGS |
MINIMUM DEPTH OF FRONT YARD |
MINIMUM WIDTH OF SIDE YARD |
MINIMUM DEPTH OF REAR YARD |
MINIMUM LOT AREA PER FAMILY |
MINIMUM LOT FRONTAGE |
|
|
|
Stories |
Feet |
In Feet |
In Feet |
In Feet |
In Square Feet |
In Feet |
|
A Agricultural |
2½ |
35 |
40 |
10 |
35 |
435,600 |
70 |
|
R-1 Single-Family |
2½ |
35 |
25 |
8 |
(3) |
9,000 |
70 |
|
R-1A Single-Family |
2½ |
35 |
25 |
8 |
(3) |
8,712 |
66 |
|
R-2 Single and |
2½ |
35 |
25 |
8 |
(3) |
Single: 9,000 Two: 4,500 |
70 70 |
|
R-3 Multiple Family |
3 |
45 |
25 |
8 |
(3) |
Two: 4,500 Multi: (5) |
70 70 |
|
B-1 Commercial |
3 |
45 |
20 |
None2 |
None |
None4 |
None |
|
B-2 Business |
4 |
50 |
None |
None2 |
None |
None4 |
None |
|
M-1 Restricted Industrial |
3 |
45 |
25 |
151 |
None |
None |
None |
|
M-2 Industrial |
4 |
55 |
35 |
151 |
None |
None |
None |
(1) Where it adjoins a residential district – 30 feet.
(2) Where it adjoins a residential district – 20 feet, and may be measured from the centerline of a street, alley, public way, waterway or railroad right-of-way where said centerline is a district boundary.
(3) Twenty percent of length of lot or 30 feet, whichever is less.
(4) If dwellings allowed on second stories of buildings – same as R-3.
(5) 2,250 square feet per unit; 9,000 square feet minimum per structure. In this section, “structure” includes any garage converted or built with living space in it.
1. Height.
A. The height regulations prescribed herein shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors and flag poles.
B. Public, semi-public or public service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding 60 feet and churches and temples may be erected to a height not exceeding 75 feet when the required side and rear yards are each increased by one foot for each foot of additional building height above the height regulations for the district in which the building is located.
C. The limitation on number of stories shall not apply to buildings used exclusively for storage purposes provided such buildings do not exceed the height in feet permitted in the district in which they are located.
2. Front Yards
A. When 40 percent or more of the frontage on one side of the street between two intersecting streets is improved with buildings that have a front yard which is greater or less than the required front yard in the district, no building shall project beyond the average front yard so established; provided, however, that a front yard depth shall not be required to exceed 50 percent in excess of the front yard otherwise required in the district in which the lot is located.
B. On lots having double frontage the required front yard shall be provided on both streets.
C. In any district no fence, structure or planting higher than three and one-half feet above the established street grades shall be maintained within 20 feet of any intersection of adjoining streets curb line/street edge. In the event said street does not have constructed curb, the measurement shall be from outside edge of maintained area of said street.
D. An open, uncovered porch or paved terrace may project into a required front yard for a distance of not more than 10 feet but this shall not be interpreted to include or permit fixed canopies.
E. Filling station pumps and pump islands may be located within a required yard provided they are not less than 15 feet from any property line and not less than 50 feet from the boundary of any residential district.
F. Off-street parking facilities may be located within the required front yard of any B or M District but shall not be nearer than 20 feet to any R District and may be measured from the centerline of a street, alley, public way, water way or railroad right- of-way where said centerline is a district boundary. No off-street parking shall be permitted in the required front yard of any R District.
3. Side Yards.
A. On a corner lot the width of the yard along the side street shall not be less than any required front yard on such street, provided, however, that the buildable width of a lot of record shall not be reduced to less than 38 feet.
B. No accessory building shall project beyond a required yard line along any street.
C. Where dwelling units are erected above a commercial establishment no side yard is required except when required for the commercial building on the side of a lot adjoining a residential district.
D. A porte-cochere or canopy may project into a required side yard provided every part of such porte-cochere or canopy is unenclosed and not less than five feet from any side lot line.
E. For the purpose of side yard regulations, a two-family dwelling or multiple dwelling shall be considered as one building occupying one lot.
F. Where a lot of record at the time of the effective date of the Zoning Ordinance codified in this chapter is less than 40 feet in width the required side yard may be reduced to 10 percent of the width of the lot, provided, however, that no side yard shall be less than three feet and a minimum of 10 feet from buildings on adjacent lots.
G. On a corner lot where a portion of the yard along the side street is dedicated to a cul-de-sac, the minimum depth of front yard on the side street may be measured from said side street as though the street went straight through with no cul-de-sac.
H. On a corner lot where the turning radius of the corner is so large that it would cause a front yard setback to be more than is required, the setback can be measured as though the corner was normal, provided the majority of the building is at the required setbacks.
4. Rear Yards.
A. Where a lot abuts upon an alley, one-half of the alley width may be considered as part of the required rear yard.
B. An accessory building not exceeding 20 feet in height may occupy not to exceed 30 percent and unenclosed parking spaces may occupy not to exceed 90 percent of the area of a required rear yard but no accessory building shall be closer than 10 feet to the main building or closer than three feet to any lot line.
C. The ordinary projections of sills, belt courses, cornices and ornamental features may extend to a distance not to exceed 18 inches into a required yard.
D. Open or lattice-enclosed fire escapes, outside stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a rear yard may be permitted by the Administrative Officer for a distance not to exceed five feet when these are so placed as not to obstruct light and ventilation.
5. Lot Area Per Family. Where a lot of record at the time of the effective date of the Zoning Ordinance has less area or width than herein required in the district in which it is located, and the owner of such lot does not own any other parcel or tract adjacent thereto, said lot may nonetheless be used for a one-family dwelling or for any non-dwelling use permitted in the district in which it is located.
6. Supplementary District Regulations. Subject to previous sections, the following provisions, regulations, or exceptions shall apply equally to all districts except as hereinafter provided.
A. Visibility at Intersection. On a corner lot in any district, except B-2, no fence, wall, hedge, or other planting or structure that will obstruct vision between a height of three and one-half feet and 10 feet above centerline grades of the intersecting streets shall be erected, placed or maintained within 20 feet of any intersection of adjoining streets curb/street edge. In the event said street does not have constructed curb, the measurement shall be from outside edge of maintained area of said street.
B. Accessory Buildings. No accessory building except private garages shall be erected in any required front or side yard and no separate accessory buildings shall be erected within 10 feet of any main building or within three feet of any lot line.
C. More Than One Principal Structure on Lot. In any district, more than one principal structure housing a permitted principal use may be erected on a single lot, provided that the area, yard, and other requirements of this chapter shall be met for each structure as though it were on an individual lot.
D. Use of Public Right-of-Way. No portion of the public road, street or alley right-of-way shall be used or occupied by an abutting use of land or structures for storage or display purposes, or to provide any parking or loading space required by this chapter, or for any other purposes that would obstruct the use or maintenance of the public right-of-way.
E. Structures to Have Access. Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.
F. Mobile Homes or Trailers. Mobile homes occupied as permanent or temporary places of residence shall be located only in an approved mobile home park or mobile home subdivision unless such home has been converted to real property in accordance with the provisions of Chapter 145 of this Code of Ordinances. Occupied travel trailers and camping trailers shall be located only in an approved tourist or trailer campground unless otherwise provided in this chapter.
(1) Emergency or Temporary Parking; Occupied Travel Trailers, Campers and Motor Homes. Upon application, emergency or temporary parking is permitted on the streets, alleys, or highways or any other public or private place for a five-day period, subject to extended time upon reapplication, and subject to any other prohibitions or regulations imposed by traffic and parking ordinances of the City.
(2) Emergency or Temporary Parking Application. The application shall contain:
a. A description of the trailer, camper or motor home.
b. A description of the place where the trailer or motor home will be located.
c. Information on the sanitation facilities of the vehicle and those facilities available at the place of location.
d. A statement as to whether the applicant is a tourist.
e. The name of the owner of the premises upon which the vehicle will be located.
f. A written approval from the owner of the premises where the vehicle will be located.
G. Hedges and Fences. Fences or hedges in R-1, R-2, and R-3 Districts shall not exceed three and one-half feet height in any front yard, and fences in said districts shall not exceed six feet in height in any side or rear yard, subject to the further restriction of subsection A above. Fencing shall be constructed with the finished side facing outward. Front yard fences may be four feet in height when required by the building code as a barrier for a pool. Such barrier and pool location are subject to further restrictions of subsection A above.
H. Junk Yards. Junk yards, as defined in this chapter, shall not be allowed in any district in the City.
I. Location on Property. Exterior walls of new buildings shall have fire resistance and opening protection as set forth in Section 503 of the Uniform Building Code, which regulations shall take priority over the chart in Section 165.20 in case of conflict.
J. Shooting Ranges. Before a person improves property acquired to establish, use, and maintain a shooting range by the erection of buildings, breastworks, ramparts, or other works or before a person substantially changes the existing use of a shooting range, the person shall obtain approval of the City Zoning Commission.
(Code of Iowa, Sec. 657.9)
K. Single-Family Dwelling Buildings. Any building erected or otherwise established for use as a single-family building shall meet the following requirements. These regulations are intended to provide minimum standards for single-family residential structures as provided for under Chapter 414.28 of the Code of Iowa, including minimum dimension of the structure and floor area, foundation and exterior wall covering.
(1) Minimum structure dimension and floor area requirements:
a. Have a measured minimum dimension of 22 feet for the main body.
b. Have a minimum floor area of 660 square feet.
(2) Have a continuous and complete frost protected perimeter foundation for the main body.
(3) Have for the exterior wall covering either:
a. Wood or masonry finish or its appearance, and/or
b. Vertical or horizontal grooved or lap siding, or its appearance.
(4) Use of flat or unfinished galvanized sheet metal for the exterior walls or roof covering is prohibited.
(5) Other building materials may be considered following submission of elevation drawings, material samples, and supporting literature to the building official. An exception may be granted if the proposed material is found to be consistent with the adopted purpose of this chapter, the purpose and defining characteristics of the zoning district, and the goals and objectives of the comprehensive plan as they apply to the proposed project and location.
L. Airports. Before any person constructs, activates or establishes a landing or takeoff area such as airport or heliport, the person shall obtain approval of the Council. Approval is not required for medical emergency sites. Approval is required notwithstanding the fact that such airport may be a usual and customary accessory to a permitted use.
1. Off-Street Parking. The following parking spaces shall be provided and maintained on private premises for each building or premises in any district except the B-2 Business District which is erected or altered for use for any of the purposes mentioned below, or the use of which is changed so that such building or premises is thereafter used for any of the following purposes.
A. Dwellings.
(1) Single-family: two spaces for each dwelling unit.
(2) Two-family: two spaces for each dwelling unit.
(3) Multi-family: two spaces for each dwelling unit.
B. Church or Temple: one space for each six seats in the main auditorium. If benches are used, for the purpose of this section, one seat equals 16 inches.
C. Country Club or Golf Club: two spaces per hole plus one space for each 100 square feet of clubhouse floor area.
D. Community Center: 20 spaces plus one additional space for each 300 square feet of floor area in excess of 2,000 square feet.
E. Schools and Public Buildings: one space for each classroom or office room plus one space for each six seats in the main auditorium, stadium or place of public assembly.
F. Public Parks and Playgrounds: five spaces per acre.
G. Funeral Home: one space per 100 square feet of floor area.
H. Hospitals and Nursing Homes: one space for each four beds, plus one space per three employees.
I. Lodging and Boarding Houses: one space per two beds.
J. Religious, Educational and Charitable Institutions: one space per 200 square feet of floor area.
K. Fraternities and Sororities: one space per two beds.
L. Clubs and Lodges Not Serving Liquor or Meals: one space per 200 square feet of floor area.
M. Private Day Nurseries and Kindergartens: one space per employee.
N. Medical and Dental Clinics: one space per 100 square feet of floor area.
O. Hotels and Motels: one space per rental unit.
P. Retail Stores and Banks: one space for each 200 square feet of floor area.
Q. Restaurants and Taverns: one space per 100 square feet of floor area.
R. Drive-In Restaurant: five spaces per 100 square feet of floor area.
S. Bowling Alleys: five spaces for each lane.
T. Miniature Golf Course: three spaces per green.
U. Theaters: one space for each three seats.
V. Drive-In Theaters: Storage lanes outside ticket booth must accommodate 10 percent theater capacity.
W. Laundromats and Self-Service Dry Cleaning: one space per 200 square feet of floor area.
X. Motor Vehicle Sales and Machinery Sales: one space per each 300 square feet of floor area.
Y. Furniture and Appliance Stores, Household Equipment or Furniture Repair Shops: one space per each 600 square feet of floor area.
Z. Offices - Business, Professional and Government: one space for each 200 square feet of floor area.
AA. Wholesale Establishments (Not Including Warehouses and Storage Buildings Other Than Accessory): one space for each 600 square feet of floor area.
BB. Establishments Engaged in Production, Processing, Cleaning, Servicing, Testing or Repair of Materials: one space per employee, plus one space per vehicle used in the conduct of the enterprise.
CC. Warehouses and Storage Buildings: one space per employee, plus one space per vehicle used in the conduct of the enterprise.
DD. Manufacturing: one space per each two employees, plus one space per each vehicle used by the industry.
EE. Adult Entertainment Establishment: one space per 200 square feet gross floor area.
2. Parking Spaces. All parking spaces provided pursuant to this chapter may be in open or private garages, or both. A parking space shall be not less than 180 square feet of standing area.
3. Paved Parking. All parking spaces provided pursuant to this chapter shall be paved, oiled, or covered with gravel, shall be suitably drained, shall be maintained in good condition and shall have adequate means of ingress and egress.
4. Parking Adjacent. All parking spaces provided pursuant to this chapter shall be maintained adjacent to the building or premises for which such spaces are provided, except as otherwise stated in this chapter and that upon special permission by the Council all or part of such parking spaces may be provided and maintained on premises not adjacent to the building if they are owned or controlled by the owner of such building, and if said parking spaces are within 500 feet of the main entrance of such building, provided further, that if parking spaces are not adjacent to the building, and if the building is in a business district, such parking spaces must also be in a business district.
5. Off-Street Loading. Any building or structure hereafter erected or converted for any commercial uses shall provide one space, with minimum dimensions of 10 by 57 feet for the loading and unloading of trucks, either within the building or upon the lot for every building containing 10,000 square feet or less of floor area. One additional loading space shall be provided for each additional 10,000 square feet of gross floor area or fraction thereof.
6. Driveway Slopes. The maximum slope angles of any driveway for streets shall not exceed the following:
Arterial – three to four percent
Collector – five to six percent
Local – eight to nine percent
A conditional use permit shall be obtained for all adult use businesses.
1. No adult use business shall be located within 2,000 feet of a park, school, day care center, library or religious or cultural activity.
2. No adult use business shall be located within 500 feet of any other adult use business or any agricultural or residential zone boundary.
3. Such distances shall be measured in a straight line without regard to intervening structures, topography and zoning.
4. Said businesses shall be located in B-1 zones and shall not be permitted as a home occupation.
1. Campaign signs may be placed with permission of the property owner on any property permitted by Section 68A.406B of the Code of Iowa.
2. Campaign signs shall not be placed on any of the following:
A. Any property owned by the City, including all property considered the public right-of-way. Upon a determination by the board that a sign has been improperly placed, the sign shall be removed by the Street Department or City Law Enforcement authorities in a manner consistent with Section 319.13 of the Code of Iowa.
B. On any property without the permission of the property owner.
The lawful use of a building existing at the time of the adoption of the ordinance codified in this chapter or upon subsequent publication of a listing of such uses by the City may be continued even though such use does not conform with the provisions herein. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. The foregoing provisions shall also apply to nonconforming uses in districts as may be hereafter changed. Whenever a nonconforming use of building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.
1. Damaged Building. No building or structure which has been damaged by fire, explosion, act of God, neglect, or the public enemy, to the extent of more than 65 percent of its current fair market value shall be restored unless such building or structure is made to conform with all regulations for new buildings in the district in which it is located. If no repair or reconstruction is made within a period of one year of the time of damage, the residual building or structure shall be removed by the owner thereof, at the owner’s expense.
2. Nonuse. In the event that the nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of one year, the use of the same shall thereafter conform to the regulations of the district in which it is located.
3. Extension. A nonconforming use occupying only a portion of a building may be extended throughout the building if the same has been lawfully acquired and actually devoted to such use previous to the adoption of the Zoning Ordinance or to any affecting amendment thereof.
1. Intent. It is the intent of this section to permit legal nonconforming lots, structures, or uses to continue until they are removed but not to encourage their survival.
A. It is recognized that there exist within the districts established by the ordinance codified in this chapter and subsequent amendments, lots, structures, and uses of land and structures which were lawful before such ordinance was passed or amended which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments.
B. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
C. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land in combination shall not be extended or enlarged after passage of the zoning ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises, or by addition of other uses of a nature which would not be permitted generally in the district involved.
D. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of existing building has been substantially begun preparatory to rebuilding such demolition or removal shall be deemed to be actual construction, providing that work shall be diligently carried on until completion of the building involved.
2. Nonconforming Uses of Land. Where at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
A. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
B. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.
C. If such nonconforming use of land ceases for any reason for a period of more than 12 months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
3. Nonconforming Lot of Record. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots of the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width or both that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width or both, of the lot shall conform to the regulations for the district in which such lot is located.
4. Nonconforming Structures. Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. No such structure may be enlarged or altered in a way which increases its nonconformity. Such structure may be enlarged or altered in a way which does not increase its nonconformity.
B. Should such structure be destroyed by any means to an extent of more than 50 percent of its replacement costs, exclusive of the foundation, it shall be reconstructed only in conformity with the provisions of this chapter.
C. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
D. Discontinuance. If building damage by fire, flood, explosion, war, riot, or act of God is more than 50 percent, it shall be removed from said premises within 30 days following said damage.
5. Nonconforming Uses of Structures and Land. Where a lawful use of a structure, or of a structure and land in combination exists at the effective date of adoption or amendment of this chapter that would not be permitted in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
B. Any nonconforming use may be extended throughout any parts of a building which was manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
C. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.
D. When a nonconforming use of a structure, or structures and land in combination, is discontinued or ceases to exist for a period of more than 12 months, the structure, or structure and land in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
E. Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
F. A nonconforming lot of record which does not meet the required lot area or lot width requirements may be developed for a single-family dwelling so long as the required yard setbacks are maintained.
6. Repairs and Maintenance. On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs, or on repairs or replacement of nonbearing walls, fixtures, wiring, or plumbing of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety upon orders of such official.
7. Replacing Damaged Buildings. Any nonconforming building or structure damaged more than 60 percent of its replacement value exclusive of the foundations at the time of damage by fire, flood, explosion, war, riot, or act of God shall not be restored or reconstructed and used as before such happening, but if less than 60 percent damage above the foundation, it may be restored, reconstructed, or used as before provided it be started within six months and finished in one year. If the building damage is more than 60 percent, it shall be removed from said premises within 30 days following said damage.
8. Uses Under Exception Provisions Not Nonconforming Uses. Any use for which a special exception is permitted as provided in this ordinance shall not be deemed a nonconforming use, but shall without further action, be deemed a conforming use in such district. Any expansion shall be with approval of the Board of Adjustment.
9. Change of Tenancy or Ownership. There may be a change of tenancy, ownership, or management of any existing nonconforming uses of land, of structures, or of structures and land in combination.
The Board of Adjustment as established under Section 165.30 of this chapter may, by special permit after public hearing, authorize the location of any of the following buildings or uses in any district from which they are prohibited by this chapter. Notice of time and place of hearing shall be given to all affected property owners in advance of the hearing by publication of said notice in not less than two consecutive issues of a newspaper of general circulation in the City.
1. Amusement parks.
2. Cemetery or mausoleum.
3. Circus or carnival grounds.
4. Commercial, recreational or amusement development for temporary or seasonal periods.
5. Hospital, clinic or institution, provided that any hospital or institution permitted in any R District shall be located on a site of not less than five acres, shall not occupy more than 10 percent of the total lot area and shall be set back from all yard lines at least two feet for each foot of building height.
6. Office building of a civic, religious or charitable organization, conducting activities primarily by mail and not handling merchandise or rendering services on the premises, but only within the R-3 District.
7. Privately operated community building or recreation field.
8. Any public or government building.
9. Erection and use of building or the use of premises or vary the height and the regulations in any location for a public service corporation for public utility proposes or for purposes of public communication which the Board determines is reasonably necessary for the public convenience or welfare, including telecommunication broadcast tower or station.
10. Drive-in theater in the B-2 Business District.
11. Gift shop and/or tearoom exceeding dimensions or conditions permitted under home occupations in conjunction with bed and breakfast homes.
12. Extension of a use into a district where it would be otherwise prohibited in a case where a district boundary line is so located that a lot or plot is in more than one district.
13. Restoration of single-family and two-family dwellings in a B-1 Commercial District and M-1 Restricted Industrial District damaged more than 65 percent as provided in Section 165.25(1), provided repair or reconstruction is made within a period of one year of the time of damage.
14. An accessory building on a lot without a principal or permitted use structure, subject to requirements set forth by the Board of Adjustment as long as the requirements meet at a minimum the accessory building requirements set forth in this chapter.
Before issuance of any special permit of any of the above buildings or uses, the Planning and Zoning Commission shall be given 45 days in which to make a report regarding the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities and other matter pertaining to the general welfare. No action shall be taken upon any application for a proposed building or use above referred to until and unless the report of the Zoning Commission has been filed; provided, however, if no report is received from the Zoning Commission within 45 days, it shall be assumed that approval of the application has been given by the said Commission.
An administrative official designated by the Council shall administer and enforce this chapter. The administrative official may be provided with the assistance of such other persons as the Council may direct. If the administrative official shall find that any of the provisions of this chapter are being violated, said official shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The administrative official shall order discontinuance of illegal use of land, buildings, or structures, removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to insure compliance with or to prevent violation of its provisions.
1. Review of Building Permits. All applications for building permits shall be submitted to the administrative official for review and approved prior to permit issuance. Each application shall include a set of building plans and all data necessary to show that the requirements of this chapter are met.
2. Site Plan Reviews. The administrative official shall receive all applications for site plan review and review for completeness and prepare submittals for review by the appropriate body. A plot plan shall include site size, streets, footages, yards and boundaries, drainage, contours and all proposed and existing buildings.
3. Conditional Use Permits. The administrative official shall review all applications for conditional use, review for completeness and prepare submittals for review by the appropriate body.
1. Board Created. A Board of Adjustment is hereby established which shall consist of five members unless extraterritorial zoning is extended by ordinance to unincorporated areas beyond the City limits, in which case the Board of Adjustment will consist of seven members, two of whom shall be residents of the zoned unincorporated area.
(Code of Iowa, Sec. 414.8)
2. Meetings. Meetings of the Board shall be held at the call of the Chairperson, and at such other times as the Board may determine. Such Chairperson or, in the absence of the Chairperson, the acting chairperson may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. The presence of three members of a five-member Board or four members of a seven-member Board shall be necessary to constitute a quorum.
3. Appeals. Appeals to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the City affected by any decision of the administrative officer. Such appeal shall be taken within 10 days by filing with the administrative officer and with the Board a notice of appeal specifying the grounds thereof. The administrative officer shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from is taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official certifies to the Board after notice of appeal shall have been filed with said official, that by reason of facts stated in the certificate a stay would in the official’s opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed unless otherwise than by a restraining order which may be granted by the Board or by a court of record on application on notice to the administrative officer, and on due cause shown.
4. Fee for Appeal. See Section 165.32 for schedule of fees.
5. Hearings; Notice. The Board shall fix a reasonable time for the hearing on the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent, or by attorney. Before an appeal is filed with the Board, the appellant shall pay the fee for appeal which shall be credited to the General Fund of the City.
6. Powers - Administrative Review. The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the administrative officer in the enforcement of this chapter.
7. Powers - Special Exceptions. The Board may permit special exceptions to the district regulations set forth in this chapter subject to the requirements of this section.
8. Conditions for Special Exceptions. The Board shall hear and decide only such other special exceptions as the Board is specifically authorized to pass on by the terms of this chapter, decide such questions as are involved in determining whether special exceptions should be granted, and grant special exceptions with such conditions and safeguards as are appropriate under this chapter, or deny special exceptions when not in harmony with the purpose and intent of this chapter. A special exception shall not be granted by the Board unless and until:
A. A written application for special exception is submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested.
B. Notice of public hearing shall be given in advance of public hearing. The owner of the property for which special exception is sought or an agent and any other affected property owners shall be notified by mail. Notice of hearing shall also be posted on the property for which special exception is sought.
C. The public hearing shall be held. Any party may appear in person, or by agent or attorney.
The Board shall make a finding that it is empowered under the section of this chapter described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest. In granting any special exception, the Board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter and punishable under Section 165.35 of this chapter. The Board may prescribe a time limit within which the action for which the special exception is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the special exception.
9. Powers - Variances. The Board may authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. A variance from the terms of this chapter shall not be granted by the Board unless and until:
A. A written application for a variance is submitted demonstrating that:
(1) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved, and which are not applicable to other lands, structures, or buildings in the same district.
(2) Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.
(3) The special conditions and circumstances do not result from the actions of the applicant.
(4) Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district.
No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.
B. Notice of public hearing shall be given in advance of public hearing. The owner of the property for which the variance is sought or an agent and any other affected property owner shall be notified by mail.
C. The public hearing shall be held. Any party may appear in person, or by agent or by attorney.
D. The Board shall make findings that all requirements have been met by the applicant for a variance.
E. The Board shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.
F. The Board shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
In granting any variance, the Board may prescribe conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under Section 165.35 of this chapter. Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.
10. Power – Special Uses. The Board may permit special uses as listed in Section 165.27.
11. Decisions of the Board of Adjustment. In exercising the above mentioned powers, the Board may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have powers of the administrative official from whom the appeal is taken. The concurring vote of three members of a five-member Board or four members of a seven-member Board shall be necessary to reverse any order, requirement, decision or determination of the administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in the application of this chapter.
12. Appeal from Decision of the Board of Adjustment. Any taxpayer, or any officer, department, board or bureau of the City or any person or persons jointly or severally aggrieved by any decision the Board of Adjustment may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the Board. The court may reverse or affirm, wholly or in part, or may modify the decision brought up for review.
It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the administrative official, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the administrative official, and that recourse from the decisions of the Board of Adjustment shall be to the court, as provided by law and particularly by statute. It is further the intent of this chapter that the duties of the Council in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this chapter. Under this chapter, the Council shall have only the duties of: (i) considering and adopting or rejecting proposed amendments or the repeal of this chapter, as provided by law; and (ii) establishing a schedule of fees and charges as stated in Section 165.32; and (iii) the Council may remand a decision to grant a variance to the Board of Adjustment for further study. The effective date of the variance is delayed for 30 days from the date of the remand as provided in Section 414.7 of the Code of Iowa.
The Council shall establish a schedule of fees, charges and expenses, and a collection procedure for occupancy permits, appeals and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the administrative official, and may be altered or amended only by the Council. No certificate, special exception or variance shall be issued unless or until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken on proceedings before the Board of Adjustment unless or until preliminary charges and fees have been paid in full in accordance with the following schedule:
1. Occupancy Permit. The building permit fee shall include the occupancy permit.
2. Board of Adjustments:
Application for Special Use Permit – $18.00
Appeal for Variance, Exception, Interpretation or Review ‑ $50.00
3. Petition for Rezoning – $50.00.
4. Application: Home Occupation Permit in R-1 District – $3.00.
1. The Council may, from time to time, on its own action or on petition, after public notice and hearings as provided by law, and after report by the Zoning Commission, amend, supplement or change the boundaries or regulations herein or subsequently established, and such amendment shall not become effective except by the favorable vote of a majority of all the members of the Council. Whenever any person desires that any amendment or change be made in this chapter, including the text and/or map, as to any property in the City, and there shall be presented to the Council a petition requesting such change or amendment and clearly describing the property and its boundaries as to which the change or amendment is desired, duly signed by the owners of 50 percent of the area of all real estate lying outside of said tract but within 200 feet of the boundaries thereof, and intervening streets and alleys not to be included in computing such 200 feet, it shall be the duty of the Council to vote upon such petition within 90 days after the filing of such petition with the Clerk. In case the proposed amendment, supplement or change be disapproved by the Zoning Commission, or a written protest against a change or repeal which is filed with the City Clerk and signed by the owners of 20 percent or more of the property which is located within 200 feet of the exterior boundaries of the property for which the change or repeal is proposed, the change or repeal shall not become effective except by favorable vote of at least three-fourths of all members of the Council. The protest, if filed, must be filed before or at the public hearing. Whenever any petition for an amendment, supplement or change of the zoning or regulations herein contained or subsequently established shall have been denied by the Council, then no new petition covering the same property or the same property and additional property shall be filed with or considered by the Council until one year shall have elapsed from the date of the filing of the first petition.
(Code of Iowa, Sec. 414.5)
2. Temporary Notice Sign. Any person submitting a petition for rezoning will be provided with an official notice sign to be posted on the property visible from the public street. Such sign shall be posted within 25 feet of the public right-of-way and shall give notice that the property is proposed to be rezoned. The sign shall be posted from the date of petition to at least the Council public hearing date but no more than 60 days.
Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof, shall be filed with the administrative official. The administrative official shall record properly such complaint, immediately investigate, and take action thereon as provided by this chapter.
All departments, officials, and employees of the City who are vested with the duty or authority to issue permits or licenses shall issue no such permit or license for any use, structure, or purpose if the same would not conform to the provisions of this chapter. Violation of the provisions of this chapter or failure to comply with any of its requirements shall constitute a violation of this Code of Ordinances. Each day such violation continues shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.
The purpose of the regulations contained in Chapters 170 through 172 of this Code of Ordinances is to establish minimum standards for the design, development, and improvement of all new subdivisions and resubdivisions so that existing developments will be protected and so that adequate provisions are made for public services and to promote the health, safety and general welfare.
It is hereby declared to be the policy of the City to consider the subdivision of land and the subsequent development of the subdivided land as subject to the control of the City to provide for the orderly, efficient, and economical development of the City. And further:
1. Character of Land. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace.
2. Regulations to Supplement and Facilitate. It is intended that these subdivision regulations shall supplement and facilitate the enforcement of provisions and standards, ordinances or regulations of the City.
Every owner or agent of any tract or parcel of land lying within the City or within two miles of the corporate limits of the City who has subdivided or shall hereafter subdivide the same into three or more parts for the purpose of laying out an addition, subdivision, building lot or lots, or acreage lots shall cause plats of such area to be made in the form, and containing the information as hereafter set forth, before selling any lots therein contained or placing the plat on record.
In their interpretation or application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. Specifically:
1. Relationship to Other Public Provisions. These regulations are not intended to interfere with, or abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. Where any provision of these regulations imposes a restriction different from those imposed by any other provision of these regulations or any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
2. Relationship to Private Provisions. These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of these regulations shall govern.
These regulations do not abate any action now pending under, or by virtue of, prior existing subdivision regulations. Nor do they discontinue, abate, modify, or alter any penalty accrued or about to accrue, or affect the liability of any person, or waive any right of the City under any section or provision existing at the time of adoption of these regulations. Nor do they vacate or annul any rights obtained by any person, by lawful action of the City except as expressed in these regulations.
For use in these chapters relating to Subdivision Control, certain terms or words used herein shall be interpreted or defined as follows:
1. “Alley” means a public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
2. “Applicant” means the owner of land to be subdivided or a representative.
3. “Block” means a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or corporate boundaries.
4. “Bond” means any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the Council.
5. “Building” means any structure built for support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind, and includes any structure.
6. “Central sewage system” means a private sewer system including collection and treatment facilities established by the developer to serve a new subdivision or resubdivision.
7. “Central water system” means a private water system established by the developer to serve a new subdivision or resubdivision. It includes water treatment and distribution facilities.
8. “City Engineer” means the person designated by the Council to furnish engineering assistance for the administration of these regulations.
9. “Commission” means the Planning and Zoning Commission of the City.
10. “Cul-de-sac” means a municipal service street with only one outlet and having an appropriate terminal for safe and convenient reversal of traffic movement.
11. “Detention basin” means a storm water management facility designed, constructed or modified to provide short term storage of storm water runoff, which reduces peak overflow to a rate less than the peak inflow.
12. “Developer” means the owner of land proposed to be subdivided or a representative.
13. “Easement” means an authorization by a property owner for the use by another, and for a specified purpose, of any designated part of said owner’s property.
14. “Erosion” means the wearing away of the land surface by running water, wind, ice, gravity or other geological, natural agents or manmade agents.
15. “Frontage” means that portion of a lot abutting on a street or way and complying with the setback and front yard requirements as they may exist, but it is not considered as the side of a corner lot.
16. “Individual sewage disposal system” means a septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device.
17. “Land disturbing activity” means a land change such as the tilling, clearing, grading, excavating, transporting or filling of land which may result in soil erosion from water or wind and the movement of sediment and sediment related pollutants into the waters of the State or onto lands in the State but does not include certain activities listed in the Code of Iowa.
18. “Local board of health” means a County, City or District Board of Health.
19. “Lot” means a portion of a subdivision or other parcel of land intended for the purpose, whether immediate or future, of transfer of ownership or for building development.
20. “Municipal arterial streets” means those streets which connect principal traffic generating areas or connect such areas with other street systems.
21. “Municipal collector streets” means those streets that collect traffic from municipal service streets and connect to other street systems.
22. “Municipal service streets” means those streets that primarily provide access to property.
23. “NPDES permit” means National Pollutant Discharge Elimination System permits for storm water discharges from industrial activities, a federal EPA program administered by IDNR, applicable to construction activity including clearing, grading and excavation activities except: operations that result in the disturbance of less than five acres of total land area which are not part of a larger common plan of development or sale.
24. “Owner” means any person having legal title to or sufficient proprietary interest in the land to be sought to be subdivided under these regulations.
25. “Plat” means a map, drawing or chart on which the developer’s plan of the subdivision of land is presented and which the developer submits for approval and intends in final form, to record.
26. “Plat, auditor’s” means a subdivision plat required by either the auditor or assessor, prepared by a registered land surveyor under the direction of the County Auditor in accordance with Section 354.13 through 354.17 of the Code of Iowa.
27. “Plat, sketch” means a sketch of a proposed layout of lots, blocks, streets and public improvements prepared for a pre-subdivision conference prior to submittal of a preliminary plat.
28. “Public improvement” means any drainage ditch, roadway, parkway, sidewalk, pedestrian crosswalk, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.
29. “Retention basin” means a storm water management facility designed, constructed or modified to provide long-term storage of storm water runoff, which reduces the peak outflow during a specific rainfall event. This facility is typically designed to maintain a specific water elevation.
30. “Right-of-way” means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use. The usage of the term “right-of-way” for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.
31. “Roadway” means that portion of the street available for vehicular traffic, and where curbs are laid, the portion from back to back of curbs.
32. “Sediment” means solid material, both mineral and organic, that is in suspension, has been transported or has been moved from its origin by air, water, gravity or ice and has been deposited by the action of water or wind.
33. “Street” means and includes any public way, highway, street, avenue, boulevard, parkway, or other public thoroughfare, and each of such words includes every other of them, and includes the entire width between property lines.
34. “Subdivider” means a person undertaking the subdivision or resubdivision of a tract or parcel of land.
35. “Subdivision” means the division of land into three or more lots or other division of land for the purpose, whether immediate or future, of transfer of ownership or building development. The term, when appropriate to the context, relates to the process of subdividing or to the land subdivided, or the resubdivision of land heretofore divided or platted into lots or other divisions of land, or, if a new street is involved, any division of land.
36. “Surveyor” means a land surveyor licensed and registered under the provisions of Chapter 355, Code of Iowa.
37. “Wetlands” means an area of two or more acres in a natural condition that is mostly under water or waterlogged during the spring growing season and is characterized by vegetation of hydric soils.
The following apply to the granting of variations or exceptions:
1. Hardships. Where the Council finds that extraordinary hardships or particular difficulties regarding the physical development of land may result from strict compliance with these regulations, it may make variations or exceptions to the regulations so that substantial justice may be done and the public interest secured, provided that such variation or exception shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the Council shall not grant variations or exceptions to these regulations unless it shall make findings based upon the evidence presented to it in each specific case that:
A. The granting of the variation will not be detrimental to the public safety, health, or welfare or injurious to other property or improvements in the neighborhood in which the property is located.
B. The conditions upon which the request for a variation is based are unique to the property for which the variation is sought, and are not applicable, generally, to other property.
C. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out.
D. The purpose of the variation is not based exclusively upon a desire to make more money out of the property.
2. Conditions. In granting variations and exceptions the Council may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations.
3. Procedure for a Variance. A petition for any such variance shall be submitted in writing by the developer at the time when the preliminary plat is filed. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
Any provisions of these regulations may be changed and amended from time to time by the Council, provided, however, that such changes or amendments shall not become effective until after a public hearing has been held, public notice of which shall have been given as required by law. Such proposed amendments shall first be submitted to the Commission for study and recommendation before the hearing is held. The Commission shall forward its recommendations to the Council within 30 days, after which the Council shall give notice of and hold a public hearing on the proposed amendment.
No plat or subdivision within the City or within two miles thereof shall be filed or recorded with the County, nor shall any plat or subdivision have any validity until it complies with the provisions of these regulations, has been approved by the Council as herein set forth, and further:
1. Issuance of Building Permits. No more than two building permits for each separate tract existing at the time of the adoption of the 1978 City Code shall be issued unless the tract has been platted in accordance with these regulations; except that this provision shall not limit the number of building permits that may be issued for accessory buildings as defined by applicable land use regulations such as zoning and restricted residence regulations or additions or improvements to a main or accessory building already legally located upon said tract.
2. Sale or Lease Without Plat. Any person who shall dispose of or offer for sale or lease any lots in the City or addition to the City, until the plat thereof has been acknowledged and recorded as provided in these regulations, shall forfeit and pay $50.00 for each lot and part of lot sold or disposed of, leased or offered for sale.
In obtaining final approval of a proposed subdivision by the Council, the subdivider shall submit a preliminary plat in accordance with the requirements of Section 171.03 and install the required improvements or provide a performance bond.
Prior to the submission of the preliminary plat of any subdivision, the subdivider is encouraged to meet with the City Engineer and other City officials responsible for the administration of these regulations to be advised of the procedural steps, design standards, required improvements, and platting requirements. During such meetings, no commitments shall be made which will be binding upon the City.
Every proposed subdivision shall be submitted for tentative approval in the form of a preliminary plat prior to the submission of a final record plat. The purpose of the preliminary plat and accompanying material is to provide all facts needed for the Commission and Council to determine whether the proposed subdivision is satisfactory from the standpoint of the public interest. The following graphic and descriptive material is required to be provided on the preliminary plat and in the accompanying material.
1. Contents of Preliminary Plat. The preliminary plat shall be prepared by a registered land surveyor at a convenient scale of not more than one inch equals 100 feet, may be prepared in pen or pencil, and the sheets shall be numbered in sequence if more than one sheet is used. The following information shall be shown on the preliminary plat:
A. Title, scale, north point and date.
B. Subdivision boundary lines, showing dimensions, bearings, angles and references to section, townships and range lines or corners. Exterior boundaries are to be indicated with a solid heavy line.
C. Present and proposed streets, alleys and sidewalks, with their rights-of-way, in or adjoining the subdivision, including dedicated widths, approximate gradients, types and widths of surfaces, curbs, and planting strips, and location of street lights, fire hydrants and street signs.
D. Proposed layout of blocks and lots showing dimensions, radii, chords and the square foot areas of lots that are not rectangular, and the lot and block number in numerical order.
E. Building setback or front yard lines.
F. Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds, or other public, semi-public or community proposes.
G. Present and proposed easements, showing locations, widths, purposes and limitations.
H. Location and names of adjoining parcels of unsubdivided and subdivided land.
I. The subdivider shall comply with flood plain regulations pursuant to Chapter 160 of this Code of Ordinances. Outside the area of DNR permit jurisdiction the subdivider shall provide boundaries of the highest known flood of record affecting the subdivision and the source of information.
J. If the proposed subdivision borders on a lake or stream, the distances and bearings of meander line established not less than 20 feet back from the mean high water mark of the lake or stream.
K. Existing blocks, lots, and buildings.
L. Present and proposed utility systems including sanitary and storm sewers, other drainage facilities, water lines, gas mains, electric utilities, and other facilities, with the size, capacity, invert elevation and location of each. If the subdivision is within one mile of public sewer or water or both, notation shall be made of the direction and distance to such facilities.
M. Proposed name of the subdivision.
N. Names and addresses of the owner, subdivider, builder, and surveyor who prepared the preliminary plat, and the surveyor who will prepare the final plat.
O. Official legal description of the property being platted.
P. Contours at vertical intervals of not more than two feet if the general slope of the site is less than 10 percent and at vertical intervals of not more than five percent if the general slope is 10 percent or greater.
Q. Existing and proposed zoning of the proposed subdivision and adjoining property.
R. Location of all proposed monuments.
2. Information to Be Provided in Accompanying Material. The following information shall accompany a plat when filing.
A. A complete listing of all existing covenants which apply to the land to be subdivided, and a complete listing of all covenants which are proposed by the developer to apply to the subdivided land.
B. A table of the following information:
(1) Total acreage of subdivision.
(2) Total number of lots.
(3) Minimum, average, and maximum lot area.
(4) Acreage of public lands to be dedicated or reserved other than streets.
C. An Attorney’s opinion showing that the fee title to the property proposed for the subdividing is in the owner’s name as shown on the plat and showing an encumbrances that may exist against the land.
D. If any portion of the subdivision is to have access on a State or County jurisdictional street, a written and signed statement acknowledging and permitting the access by the duly authorized official of the appropriate jurisdiction.
E. Specifications and engineering construction drawings including profiles, cross-sections, and details of all public improvements. Elevations shall be referred to mean sea level as exhibited in standard U.S. Geological Survey Maps. Specifications and references shall meet those required by the City’s construction and specification standards, including a site grading plan for the entire subdivision.
The subdivider shall prepare a preliminary plat in accordance with the provisions of Section 171.03 and shall file with the Clerk an application in triplicate for the tentative approval of the plat. The application shall:
1. Forms and Fees. Be made on forms available from the Clerk together with a fee of $10.00 per lot.
2. Number of Plats. Be accompanied by a minimum of 12 copies of the preliminary plat.
3. Time of Submission. Be presented to the Clerk one week prior to the regular meeting of the Commission.
The Clerk shall immediately refer two copies of the preliminary plat to the City Engineer and seven copies to the Commission. In the case of a subdivision outside the corporate limits of the City, the Clerk shall refer one copy of the preliminary plat to the County Board of Supervisors.
The preliminary plat shall be reviewed by the Commission to determine its conformity with these regulations and all other ordinances and regulations in force affecting subdivisions. Copies of the preliminary plat may be transmitted to other City or school officials, as the Commission deems necessary, for their recommendations concerning matters within their jurisdiction. Their recommendations, along with those of the City Engineer, shall be transmitted to the Commission within three weeks from the date the plat is filed. The Commission may confer with the subdivider on changes deemed advisable and the kind and extent of such improvements to be made.
The Commission shall, as soon as possible, but not more than 30 days thereafter, pass upon the preliminary plat as originally submitted or modified. If the Commission does not act within 30 days, the preliminary plat shall be deemed to be approved; provided, however, that the subdivider may agree to an extension of the time period not to exceed an additional 60 days. It shall then set forth its recommendations in writing, whether of approval, modification or disapproval.
1. Reasons for Changes or Disapproval. In the event that substantial changes or modifications are made by the Commission or the Commission recommends disapproval of the plat, it shall give its reasons therefor and it may request and cause the revised preliminary plat to be resubmitted in the same manner as the original plat.
2. Tentative Approval. If the Commission recommends approval, it shall express its approval as “tentative approval” and state the conditions of such approval, if any.
3. Documenting Approval. The action of the Commission shall be documented on nine copies of the preliminary plat, referenced and attached to any conditions determined. One copy shall be returned to the subdivider, one copy shall be retained by the Commission, and seven copies shall be referred to the Council.
1. Within 30 days of the receipt of the preliminary plat, the Council shall, by resolution, tentatively approve or disapprove the plat. If the preliminary plat is disapproved, objections to it shall be returned to the Commission for further review and the Clerk shall notify the subdivider of such action. If approved, the Clerk shall sign five copies of the preliminary plat with the notation of the date the preliminary plat received the Council’s tentative approval. One copy shall be returned to the Commission and three copies shall be returned to the subdivider. The tentative approval by the Council shall not constitute final acceptance of the addition or subdivision by the City but an authorization to proceed with preparation of the final plat.
2. The Council may, upon request of the subdivider, decide to construct certain improvements itself as part of its tentative approval which improvements shall fulfill the requirements in other sections of these subdivision regulations, only as follows:
A. The City may construct water mains and fire hydrants or sewer mains, which costs to the City shall be recovered by connection fees. Such rates must be established by ordinance of the Council.
(Code of Iowa, Sec. 384.84[2a])
B. The City may construct sanitary sewers or water mains under special assessment, which assessment, upon request of the owner, shall not become payable until such time as the property is not used as agricultural property under Section 384.62 of the Code of Iowa.
C. The City may allow the applicant to construct street bases without concrete surfacing if it determines that the City will surface the streets later under other City programs.
The tentative approval of a preliminary plat shall be effective for a period of one year, at the end of which time final approval must have been obtained. Any plat not receiving final approval within this period of time shall be void, and the subdivider shall be required to resubmit a new plat for tentative approval subject to all new zoning restrictions and subdivision regulations.
Before the Council will approve the final plat, all of the required improvements shall be constructed and accepted by formal resolution of the Council. Before passage of said resolution of acceptance, the City Engineer shall report that said improvements meet all City specifications and ordinances or other City requirements, and the agreements between the subdivider and the City.
The completion requirement for improvements may be waived in whole or in part if the subdivider will post a performance bond with the Council guaranteeing that improvements not completed will be constructed within a period of one year from final acceptance of the plat; but final acceptance of the plat will not constitute final acceptance by the City of any improvements to be constructed. Improvements will be accepted only after their construction has been completed. Such performance bond shall be satisfactory to the City Attorney as to form, sufficiency, and manner of execution. Upon recommendation of the Commission, the Council may extend the completion date set forth in the bond for a maximum period of one additional year.
The final plat shall conform substantially to the preliminary plat as approved, and, if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time, provided, however, that such portion conforms to all requirements of these regulations.
The following graphic and descriptive material is required to be provided on the final plat and in the accompanying material.
1. Contents of the Final Plats. Every plat of a subdivision offered for record shall conform to the provisions of Sections 355.8 and 354.6 of the Code of Iowa.
2. Attachments to Subdivision Plats. A subdivision plat shall be accompanied by the following documents:
A. Documents as provided in Section 354.11 of the Code of Iowa.
B. A certificate by the City Engineer that all required improvements and installations have been completed according to the construction plans submitted with the preliminary plat, or that a performance bond guaranteeing completion has been approved by the City Attorney and filed with the Clerk or that the Council has agreed that the City will provide the necessary improvements and installations and assess the costs against the subdivider or future property owners in the subdivision, or an agreement that improvements will be constructed in accordance with Section 171.08(2) of this chapter.
C. A statement of restrictions of all types that run with the land and become covenants in the deeds of lots.
The subdivider shall prepare a final plat in accordance with the provisions of Section 171.13 and shall file with the Clerk an application in triplicate for the final approval of the plat. The application shall:
1. Forms and Fees. Be made on forms available from the Clerk together with a fee of $10.00 per lot.
2. Number of Copies of Plat. Be accompanied by a minimum of 12 copies of the final plat.
3. Offers of Dedication. Be accompanied by all formal irrevocable offers of dedication to the public of all streets, City uses, utilities and easements, in a form approved by the City Attorney.
4. Time of Submission. Be presented to the Clerk one week prior to the regular meeting of the Commission.
The Clerk shall immediately refer two copies of the final plat to the City Engineer and seven copies to the Commission. In the case of a subdivision outside the corporate limits of the City, the Clerk shall refer one copy of the final plat to the County Board of Supervisors.
The Commission shall, upon receiving the final plat, as soon as possible, but not more than 30 days thereafter, consider the final plat, and if the same is recommended for approval, shall submit its recommendation of approval to the Council together with a certified copy of its resolution showing the action of the Commission. If the Commission recommends approval of the final plat, such approval and the date thereof shall be noted on the plat over the signatures of both the Chairperson and Secretary of the Commission, and the plat and seven copies shall be transmitted to the Council, and one copy shall be returned to the subdivider.
Upon receipt of the certification by the Commission, the Council shall, within 60 days, either approve or disapprove the final plat.
1. Disapproval of Plat. In the event that said plat is disapproved by the Council, such disapproval shall be expressed in writing and shall point out wherein said proposed plat is objectionable.
2. Acceptance of Plat. In the event that said plat is found to be acceptable and in accordance with these regulations, the Council shall accept same.
3. Final Approval and Recording of Plat. The passage of a resolution by the Council accepting the plat shall constitute final approval of the platting of the area shown on the final plat, but the subdivider or owner shall cause such plat to be recorded in the office of the County Recorder and shall file satisfactory evidence of such recording in the office of the Clerk before the City shall recognize the plat as being in full force and effect.
The following requirements shall govern the resubdivision of land.
1. Procedure for Resubdivision. For any change in a map of an approved or recorded subdivision plat, if such change affects any street layout shown on such map, or area reserved for public use indicated on the map, or any lot line, or if it affects any map or plan legally established prior to the adoption of any regulations controlling subdivisions, such parcel shall be approved by the same procedure, rules, and regulations as for a subdivision.
2. Acreage Lots. Whenever a parcel of land is subdivided and the subdivision plat shows one or more lots containing more than one acre of land and there are indications that such lots will eventually be resubdivided into smaller building sites, the Commission and Council may require that such parcel of land allow for future opening of streets and the ultimate extension of adjacent streets. Easements providing for the future opening and extension of such streets may be made a requirement of the plat.
Before the final plat is approved by the Council, all applicants shall be required to complete, in accordance with the Council’s decision and to the satisfaction of the City Engineer, all the street, sanitary, and other improvements as required in these regulations, specified in the preliminary plat, and as approved by the Council, and to dedicate same to the City, free and clear of all liens and encumbrances on the property and public improvements thus dedicated .
The Council in its discretion may waive the requirement that the applicant complete and dedicate all public improvements prior to approving the final plat, and that, as an alternative, the applicant post a bond at the time of application for final plat approval in an amount estimated by the Council as sufficient to secure to the City the satisfactory construction, installation, and dedication of the incomplete portion of required improvements. In addition:
1. Approved by City Attorney. Such performance bond shall comply with all statutory requirements and shall be satisfactory to the City Attorney as to form, sufficiency, and manner of execution as set forth in these regulations.
2. Completion Period. The period within which required improvements must be completed shall be specified by the Council in the resolution approving the final plat shall be incorporated in the bond, and shall not exceed one year from date of final approval.
3. Extension of Completion Period. The performance bond shall be approved by the Council as to the amount and surety and conditions satisfactory to the Council. The Commission may, upon proof of difficulty, recommend to the Council extension of the completion date set forth in such bond for a maximum period of one additional year. The Council may at any time during the period of such bond accept a substitution of principal or sureties on the bond.
4. Temporary Improvements. The applicant shall build and pay for all costs of temporary improvements required by the Council and shall maintain same for the period specified by the Council. Prior to construction of any temporary facility or improvement, the developer shall file with the City a separate suitable bond for temporary facilities, which bond shall insure that the temporary facilities will be properly constructed, maintained and removed.
5. Failure to Complete Improvement. For subdivisions for which no performance bond has been posted, if the improvements are not completed within the period specified by the Council in the resolution approving the plat, the approval shall be deemed to have expired. In those cases where a performance bond has been posted and required improvements have not been installed within the terms of such performance bond, the City may declare the bond to be in default and require that all the improvements be installed regardless of the extent of the building development at the time the bond is declared to be in default.
The Council shall provide for inspection of required improvements during construction and insure their satisfactory completion. The applicant shall pay to the City an inspection fee equal to the actual cost of inspection. These fees shall be due and payable upon demand of the City and no building permits or certificates of occupancy shall be issued until all fees are paid. The subdivider shall furnish the Council with a construction schedule prior to the commencement of any and all construction, and notify the City not less than 24 hours in advance of readiness for required inspections.
The performance bond may not be released or reduced except as follows:
1. Certificate of Satisfactory Completion. The Council will not accept dedication of required improvements, nor release nor reduce a performance bond, until the City Engineer has submitted a certificate stating that all required improvements have been satisfactorily completed and until the applicant’s engineer has certified to the City through submission of detailed “as-built” plans of the subdivision indicating location, dimensions, materials, and other information required by the City, that all public improvements are in accordance with construction plans for the subdivision.
2. Reduction of Performance Bond. A performance bond may be reduced upon actual dedication of public improvements and then only to the ratio that the public improvement dedicated bears to the total public improvements for the plat.
Improvements shall be maintained and a maintenance bond provided as follows:
1. Maintenance of Improvements Before Acceptance. The applicant shall be required to maintain all improvements on the individual subdivided lots and provide for snow removal on streets and sidewalks, if required, until acceptance of said improvements by the Council. If there are any certificates of occupancy on a street not dedicated to the City, the City may, on 12 hours’ notice, plow the street or effect emergency repairs and charge same to applicant.
2. Maintenance Bond. The applicant shall be required to file a maintenance bond with the governing body, prior to dedication, in an amount considered adequate by the Council and in a form satisfactory to the City Attorney, in order to assure the satisfactory condition of the required improvements for a period of two years after the date of their acceptance by the governing body and dedication of same to the local government.
Required improvements may be deferred or waived as follows:
1. Waiver of Required Improvements. The Council may defer or waive at the time of final approval, subject to appropriate conditions, the provision of any or all such improvements as in its judgment are not requisite in the interests of the public health, safety, and general welfare, or which are inappropriate because of inadequacy or lack of connecting facilities.
2. Deferral of Required Improvements. Whenever it is deemed necessary by the Council to defer the construction of any improvement required herein because of incompatible grades, future planning, inadequate or lack of connecting facilities, or for other reasons, the applicant shall pay a share of the costs of the future improvements to the City prior to the approval of the final plat, or the applicant may post a bond insuring completion of said improvements upon demand of the City.
No certificate of occupancy shall be issued until the extent of street improvement is adequate for vehicular access by the prospective occupant and by police and fire equipment.
The subdivider shall install and construct all improvements required by these regulations in accordance with the specifications and under the supervision of the Council and to its satisfaction.
The standards and details of design herein contained are intended only as minimum requirements so that the general arrangement and layout of a subdivision may be adjusted to a wide variety of circumstances. However, in the design and development of the subdivision, the subdivider shall use standards consistent with the site conditions so as to assure an economical, pleasant and durable neighborhood.
In addition to the requirements established herein, all subdividers shall comply with the following laws, rules, and regulations.
1. Erosion Control Plans. Prior to initiating a land disturbing activity of 25,000 square feet or more, a person may be required to file a signed affidavit with the soil and water conservation district that the project will not exceed the soil loss limit.
(Code of Iowa, Sec. 161A.64)
2. Storm Water Discharge, Water and Sanitary Sewer Extensions and Connections to City System. Apply for permits as required by IDNR or City.
(Code of Iowa, Sec. 455B.183)
3. Flood Plain Development. Permit required from the City prior to initiation of any flood plain development. (See Section 160.10.)
(Code of Iowa, Sec. 455B.276)
4. Protection of Wetlands. A person shall not drain a protected wetland without first obtaining a permit from the IDNR.
(Code of Iowa. Sec. 456B.13)
5. US Army Corps of Engineers. Permits under Sec. 404 of the Clean Water Act may be required for any discharge (dumping of fill) into the waters of the United States. The Corps of Engineers must be contacted to make determination.
6. City Standards, Regulations and Plans. Any comprehensive plan, public utilities plan, capital improvement plan; and regulations adopted by Council or boards, commissions and agencies having lawful authority to adopt such rules.
7. State Statues and Administrative Code. All applicable statutes, and administrative rules such as those of the Iowa Department of Transportation.
8. County Standards and Regulations. The applicable standards and regulations of the County Board of Supervisors and County boards, commissions and agencies having lawful authority to adopt such rules.
9. Plat Approval and Conformity. Plat approval may be withheld if a subdivision is not in conformance with the above guides, or policy and purposes of these regulations.
The proposed name of the subdivision shall not duplicate, or too closely approximate phonetically, the name of any other subdivision in the area covered by these regulations. The Council, after consultation with the Commission, shall have the final authority to designate the name of the subdivision which shall be determined at preliminary plat approval.
Monuments shall be in conformance with the following requirements:
1. Establishment of Permanent Control Monuments. Prior to the offering of the plat of any subdivision for record, the surveyor shall confirm the prior establishment of permanent control monuments at each controlling corner on the boundaries of the parcel or tract of land being subdivided. If no permanent control monuments exist, the surveyor shall establish at least two permanent control monuments for each block created, or if the area subdivided into lots is less than a block in size, at least two permanent control monuments shall be established for the subdivision. Permanent control monuments shall be constructed of reasonably permanent material solidly embedded in the ground and capable of being detected by commonly used magnetic or electronic equipment. The surveyor shall affix a cap of reasonably inert material bearing an embossed or stencil cut marking of the Iowa registration number of the surveyor to the top of the monument.
2. Other Monuments of Record. Other monuments established prior to the recording of the plat of the subdivision and described on the plat shall be considered monuments of record and shall be given the same weight as original permanent control monuments if the monuments remain undisturbed in their original positions. The additional monuments shall be constructed and embedded according to the provisions for permanent control monuments prescribed in subsection 1 of this section.
3. Establishment and Recording of Other Monuments. Monuments other than the permanent control monuments required in subsection 1 of this section shall not be required to be established before the recording of the plat or the conveyancing of lands by reference to the plat if the surveyor includes in the certification of the plat that the additional monuments required by these regulations shall be established before a specified future date.
4. Additional Monuments Required. Additional monuments shall be constructed and embedded according to the provisions for permanent control monuments prescribed in subsection 1 of this section, and shall be set at all of the following locations whether set prior to the recording of the plat, or subsequent to such recording:
A. At every corner and angle point of every lot, block or parcel of land created.
B. At every point of intersection of the outer boundary of the subdivision with an existing or created right-of-way line of any street, railroad, or other way.
C. At every point of curve, tangency, reversed curve, or compounded curve on every right-of-way line established.
Placement of Monument. When the placement of a monument required by this chapter at the prescribed location is impractical, it is permissible to establish a reference monument in close proximity to the prescribed location. If the reference monument is established prior to the recording of the plat and its location properly shown on the plat, the reference monument shall have the same status as other monuments of record. Where any point requiring monumentation has been previously monumented, the existence of the monument shall be confirmed by the surveyor. The existing monument shall be considered a monument of record when properly shown and described on the recorded plat.
Land which the City finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements, or other features which will reasonably be harmful to the safety, health, and general welfare of the present or future inhabitants of the subdivision or its surrounding areas or both, shall not be subdivided or developed unless adequate methods are formulated by the subdivider and approved by the Council, upon recommendation of the Commission, to solve the problems created by the unsuitable land conditions. Such land shall be set aside for uses as shall not involve such a danger.
The lot size, width, depth, shape, and orientation shall be appropriate for the location of the subdivision and for the type of development and use contemplated.
1. Lot Size. Minimum lot dimensions and sizes shall conform to the requirements of the zoning regulations where applicable, but in no case shall a lot contain less than 5,000 square feet of area or be less than 50 feet wide measured at the building line.
A. Residential lots where not served by public sewer shall be of sufficient size, as determined by the City and subject to any applicable State or County rules or regulations, to accommodate the type of private sewage disposal system proposed by the developer.
B. Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated .
C. Corner lots for residential use shall have an extra 20 feet of width to permit appropriate building setback from and orientation to both streets.
2. Street Access. Each lot shall be provided with satisfactory access to a public street.
3. Double Frontage and Reverse Frontage Lots. Double frontage and reverse frontage lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least 10 feet, and across which there shall be no right of access, shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use.
4. Side Lot Lines. Side lot lines shall be substantially at right angles to straight street lines or radial to curved street lines.
5. Lot Drainage. Lots shall be laid out so as to provide positive drainage away from all buildings, and individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage shall be designed so as to avoid concentration of storm drainage water from each lot to adjacent lots.
6. Building Lines. Building lines conforming with zoning standards shall be shown on all lots within the platted area. Where the subdivided area is not under zoning control, the Council may require building lines in accordance with the needs of each subdivision.
Blocks shall conform to the following requirements :
1. Provision for Lots. Blocks shall have sufficient width to provide for two tiers of lots of appropriate depths. Exceptions shall be permitted in blocks adjacent to arterial streets, railroads, or waterways.
2. Design Considerations. The lengths, widths and shapes of blocks shall be determined with due regard to:
A. Provision for adequate building sites.
B. Zoning requirements where applicable.
C. Topography.
D. Needs for convenient access, circulation, control, and safety of street traffic.
3. Block Lengths. The lengths of blocks shall be appropriate to the type of development contemplated, but block lengths in residential developments shall not exceed 2,000 feet, or be less than 500 feet. Wherever practicable, blocks along arterials and collector streets shall not be less than 1,000 feet in length.
4. Easement Reservation. In blocks over 800 feet in length, the Council may require the reservation of an easement to accommodate utilities, drainage facilities, or pedestrian traffic.
5. Pedestrian Crosswalks. Pedestrian crosswalks, not less than 10 feet wide, may be required by the Council through the center of blocks more than 800 feet in length. Pedestrian crosswalks shall not exceed 12 percent in grade unless steps of an approved design are to be constructed.
Streets shall conform with the following general requirements:
1. Frontage on Improved Roads. No subdivision shall be approved unless the area to be subdivided shall have frontage on and access from an existing street.
2. Grading and Improvement Plan. Streets shall be graded and improved and conform to the City construction standards and specifications and shall be approved as to design and specifications by the City Engineer, in accordance with the construction plans required to be submitted.
3. Topography and Arrangement. Streets shall be in conformance with the following requirements related to topography and arrangement:
A. Streets shall be related appropriately to the topography. All streets shall be arranged so as to obtain as many as possible of the building sites at, or above, the grades of the streets. Grades of streets shall conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided. Specific standards are contained in the design standards of these regulations.
B. All streets shall be properly integrated with the existing and proposed system of streets and dedicated right-of-way.
C. All arterials shall be properly related to special traffic generators such as industries, business districts, schools, churches, and shopping centers; to population densities; and to the pattern of existing and proposed land uses.
D. Municipal service streets shall be laid out to conform as much as possible to the topography to discourage use by through traffic, to permit efficient drainage and utility systems, and to require the minimum number of streets necessary to provide convenient and safe access to property.
E. Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topography or other physical conditions, or unless in the opinion of the Council such extension is not necessary or desirable for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development of adjacent tracts.
F. In business and industrial developments, the streets and other accessways shall be planned in connection with the grouping of buildings, location of rail facilities, and the provision of alleys, truck loading and maneuvering areas, and walks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian.
4. Access to State or County Jurisdictional Roads. Whenever any part of a subdivision is designed with access to a road under State or County jurisdiction, permission for access to such roads shall be obtained from the appropriate jurisdiction and such access shall be designed according to the standards of the appropriate jurisdiction.
5. Access to Arterial Streets. Where a subdivision borders on or contains an existing or proposed arterial street, the Council may require that lot access to such streets be limited by one of the following means:
A. Lots shall be designed so as to back onto the primary arterial and front onto a parallel municipal service street; no access shall be provided from the arterial street, and screening shall be provided in a strip of land along the rear property line of such lots.
B. A series of culs-de-sac entered from and designed generally at right angles to such a parallel street, with the rear lines of their terminal lots backing onto the arterial street.
C. A frontage or service road, separated from the primary arterial by a planting or grass strip and having access thereto at suitable points.
6. Street Names. Streets that are in alignment with others already existing shall bear the name of the existing streets. The proposed names of new streets shall not duplicate or sound similar to existing street names. Street names shall be subject to the approval of the Council and Commission.
7. Street Name Signs. Street name signs are to be placed at all intersections within or abutting the subdivision, the type and location of which to be approved by the Council. The City shall install all street name signs. The applicant shall deposit with the City at the time of final subdivision approval, the estimated cost of installation of each street sign required by the Council.
8. Street Lights. Installation of street lights shall be required in accordance with design and specification standards approved by the Council.
9. Construction of Streets and Dead-End Streets. Streets and dead-end streets shall be in conformance with the following requirements:
A. Construction of Streets. The arrangement of streets shall provide for the continuation of principal streets between adjacent properties when such continuation is necessary for convenient movement of traffic, effective fire protection, and for efficient provision of utilities. If the adjacent property is undeveloped and the street must be a dead-end street temporarily, the right-of-way shall be extended to the property line. A temporary T- or L-shaped turnabout shall be provided on all temporary dead-end streets, with the notation on the subdivision plat that land outside the normal street right-of-way shall revert to abutters whenever the street is continued. The Council may limit the length of temporary dead-end streets in accordance with the design standards of these regulations.
B. Permanent Dead-End Streets. Where a road does not extend to the boundary of the subdivision and its continuation is not required by the Council for access to adjoining property, its terminus shall normally not be nearer to such boundary than 150 feet. However, the Council may require the reservation of an appropriate easement to accommodate drainage facilities, pedestrian traffic, or utilities. A cul-de-sac turnaround shall be provided at the end of a permanent dead-end street in accordance with City construction standards and specifications. For greater convenience to traffic and more effective police and fire protection, permanent dead-end streets shall, in general, be limited in length in accordance with the design standards of these regulations.
The following design standards shall apply to the design of streets:
1. General. In order to provide for streets of suitable location, width, and improvement to accommodate prospective traffic and afford satisfactory access to police, fire fighting, snow removal, sanitation, and street maintenance equipment, and to coordinate streets so as to compose a convenient system and avoid undue hardships to adjoining properties the following design standards for streets are hereby required:
A. A tangent at least 100 feet long shall be introduced between reverse curves on municipal arterial and municipal collector streets, and 75 feet on municipal service streets.
B. When connecting street lines deflect from each other at any one point by more than 10 degrees, they shall be connected by a curve with a radius adequate to insure a sight distance of not less than 100 feet for municipal service and municipal collector streets, and of such greater radii as the Council shall determine for special cases.
C. Minimum Roadway and Right-of-Way Standards:
(1) Municipal arterial streets shall have a right-of-way width of not less than 80 feet and a roadway width of not less than 44 feet.
(2) Municipal collector streets shall have a right-of-way width of not less than 60 feet and a roadway width (back-to-back including curb and gutter width) of not less than 36 feet in commercial or industrial areas, and 29 feet in fringe or residential areas.
(3) Municipal service streets shall have a right-of-way of not less than 50 feet and a roadway width of not less than 26 feet.
(4) Frontage streets shall have a right-of -way width of not less than 40 feet and a roadway width of not less than 26 feet.
(5) Culs-de-sac shall meet all the requirements for a municipal service street and, in addition, shall provide a turnaround with a right-of-way radius of 60 feet and a roadway radius of 40 feet. No cul-de-sac shall exceed 500 feet in length.
D. Street grades, wherever feasible, shall not exceed the following:
(1) Municipal arterial streets – six percent.
(2) Municipal collector streets – eight percent.
(3) Municipal service streets – 10 percent.
(4) Frontage streets – six percent.
E. All changes in street grade shall be connected by vertical curves of minimum length in feet equal to 20 times the algebraic difference in percentages of grade.
F. No street grade shall be less than one-half of one percent.
2. Street Surfacing and Improvements. After sewer, water and other utilities to be located underground within the right-of-way have been installed by the applicant, the applicant shall construct curbs and gutters and shall surface or cause to be surfaced roadways to the widths prescribed in these regulations. Said surfacing shall be of Portland concrete cement. Adequate provision shall be made for culverts, drains, and bridges. All road pavement, shoulders, drainage improvements and structures, curbs, turnarounds and sidewalks shall conform to all construction standards and specifications adopted by the City, and shall be incorporated into the construction plans required to be submitted by the developer for plat approval.
3. Excess Right-of-Way. Right-of-way widths in excess of the standards designated in these regulations shall be required whenever, due to topography, additional width is necessary to provide adequate earth slopes. Such slopes shall not be in excess of three to one.
4. Railroads and Limited Access Highways. Railroad rights-of-way and limited access highways where so located as to affect the subdivision of adjoining lands shall be treated as follows:
A. In residential districts a buffer strip at least 25 feet in depth in addition to the normal depth of the lot required in the district shall be provided adjacent to the railroad right-of-way or limited access highway. This strip shall be part of the platted lots and shall be designated on the plat: This strip is reserved for screening. The placement of structures hereon is prohibited.
B. In districts zoned for business, commercial, or industrial uses the nearest street extending parallel or approximately parallel to the railroad shall, wherever practicable, be at a sufficient distance therefrom to ensure suitable depth for commercial or industrial sites.
C. Streets parallel to the railroad when intersecting a street which crosses the railroad at grade shall, to the extent practicable, be at a distance of at least 150 feet from the railroad right-of-way. Such distance shall be determined with due consideration of the minimum distance required for future separation of grades by means of appropriate approach gradients.
5. Intersections. The following standards shall apply to the design of intersections:
A. Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of two new streets at an angle of less than 75 degrees shall not be acceptable. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least 100 feet therefrom. Not more than two streets shall intersect at any one point unless specifically approved by the Council.
B. Proposed new intersections along one side of an existing street shall, wherever practicable, coincide with any existing intersections on the opposite side of such street. Street jogs with centerline offsets of less than 150 feet shall not be permitted, except where the intersected street has separated dual drives without median breaks at either intersection. Where streets intersect major streets, their alignment shall be continuous. Intersection of major streets shall be at least 800 feet apart.
C. Minimum curb radius at the intersection of two municipal service streets shall be at least 20 feet; and minimum curb radius at an intersection involving a municipal collector street shall be at least 25 feet. Abrupt changes in alignment within a block shall have the corners cut off in accordance with standard engineering practice to permit safe vehicular movement.
D. Intersections shall be designed with a flat grade wherever practical. In hilly or rolling areas, at the approach to an intersection, a leveling area shall be provided having not greater than a two percent rate at a distance of 60 feet, measured from the nearest right-of-way line of the intersecting street.
E. Where any street intersection will involve earth banks or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the developer shall cut such ground and/or vegetation, including trees, in connection with the grading of the public right-of-way to the extent deemed necessary to provide an adequate sight distance.
F. The cross-slopes on all streets, including intersections, shall be three percent or less.
6. Bridges. Bridges of primary benefit to the applicant, as determined by the Council, shall be constructed at the full expense of the applicant without reimbursement from the City. The sharing expense for the construction of bridges not of primary benefit to the applicant as determined by the Council, will be fixed by special agreement between the Council and the applicant. Said cost shall be charged to the applicant pro rata as the percentage of land developed and so served.
7. Alleys. The following design standards for alleys shall be required of all subdividers:
A. Alleys shall be prohibited in residential districts.
B. Alleys shall be provided in commercial and industrial districts, except that the Planning Commission may waive this requirement where other definite and assured provision is made for service access, such as off-street loading, unloading and parking consistent with and adequate for the uses proposed.
C. Alleys shall have a right-of-way of not less than thirty 30 feet and a roadway width of not less than 20 feet.
D. Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be cut off sufficiently to permit safe vehicular movement.
E. Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turn-around facilities at the dead end, as determined by the Council.
8. Street Dedications and Reservations. The following provisions shall apply to street dedications and reservations:
A. Street systems in new subdivisions shall be laid out so as to eliminate or avoid new perimeter half streets. Where an existing half street is adjacent to a new subdivision, the other half of the street shall be improved and dedicated by the subdivider. The Council may authorize a new perimeter street where the subdivider improves and dedicates the entire required street right-of-way width within the subdivision boundaries.
B. Where a subdivision borders an existing narrow street or when City plans or zoning setback regulations indicate plans for realignment or widening a road that would require use of some of the land in the subdivision, the applicant shall be required to improve and dedicate at the applicant’s own expense such areas for widening or realignment of such roads. Such frontage roads and streets shall be improved and dedicated by the applicant at the applicant’s expense to the full width as required by these subdivision regulations. Land reserved for any street purposes may not be counted in satisfying yard or area requirements of the zoning regulations whether the land is to be dedicated to the City in fee simple or an easement is granted to the City.
Water facilities shall be provided as follows:
1. General Requirements. The following general requirements shall apply to the provision of water facilities:
A. Where a public water main is accessible the subdivider shall install adequate water facilities, including fire hydrants, subject to City specifications. All water mains shall be at least six inches in diameter.
B. Water main extensions shall be approved by the City.
C. To facilitate the above, the location of all fire hydrants and all water supply improvements shall be shown on the preliminary plat.
2. Individual Wells and Central Water Systems. The following requirements shall apply to the provision of individual wells and central water systems.
A. In the discretion of the Council, if a public water system is not available, individual wells may be used or a central water system provided in such a manner that an adequate supply of potable water will be available to every lot in the subdivision. Water samples shall be submitted to the appropriate County or State agency for testing, and individual wells and central water systems shall be approved by the appropriate County or State health authorities. Orders of approval shall be submitted to the Council.
B. If the Council requires that a connection to a public water main be eventually provided as a condition to approval of an individual well or central water system, the applicant shall make arrangements for future water service at the time the plat receives final approval. Performance or cash bonds may be required to insure compliance.
3. Fire Hydrants. Fire hydrants shall be required for all subdivisions except those coming under subsection 2 of this section. Fire hydrants shall be located no more than 1,000 feet apart and within 500 feet of any structure and shall be approved by the City.
Sewage facilities shall be provided as follows:
1. General Requirements. The applicant shall install sanitary sewer facilities in a manner prescribed by the City construction standards and specifications. All plans shall be designed in accordance with the rules, regulations, and standards of the City and the State Department of Natural Resources or State Department of Health. Plans shall be approved by the above agencies.
2. Construction of Sanitary Sewage Systems. Sanitary sewage systems shall be constructed as follows:
A. Where a public sanitary sewage system is reasonably accessible, the applicant shall connect with same and provide sewers accessible to each lot in the subdivision.
B. Where public sanitary sewage systems are not reasonably accessible but will become available within a reasonable time, not to exceed 15 years, the applicant may choose one of the following alternatives:
(1) Install a central sewage system, operated and maintained by the benefited property owners. Where plans for future public sanitary sewage systems exist, the applicant shall install the sewer lines, lateral and mains to be in permanent conformance with such plans and ready for connection to such public sewer mains.
(2) Individual disposal systems, provided the applicant shall install sanitary sewer lines, laterals, and mains from the street curb to a point in the subdivision boundary where a future connection with the public sewer main shall be made. Sewer lines shall be laid from the house to the street line, and a connection shall be available in the home to connect from the individual disposal system to the sewer system when the public sewers become available. Such sewer systems shall be capped until ready for use and shall conform to all plans for installation of the public sewer system, where such exist, and shall be ready for connection to such public sewer main.
C. Where sanitary sewer systems are not reasonably accessible and will not become available for a period in excess of 15 years, the applicant shall install individual disposal systems or central sewage systems.
3. Individual Disposal System Requirements. If public sewer facilities are not available and individual disposal systems are proposed, minimum lot areas shall conform to the requirements of applicable zoning regulations and these regulations. Percolation tests and test holes shall be made as directed by the City and the results submitted to the local board of health.
4. Water Supply Interconnections. There shall be no physical connection between a public or private potable water supply system and a sewer which will permit the passage of any sewage or polluted water into the potable supply. Sewers shall be kept removed from water supply wells or other water supply sources and structures.
The following requirements shall apply to the provision of sidewalks:
1. Location of Sidewalks. Sidewalks shall be included within the dedicated non-pavement right-of-way of all streets.
2. Construction of Sidewalks. Sidewalks shall be improved as required in subsection 2 of Section 172.17 of these regulations.
The following shall apply to the provision of utilities:
1. Location. The Council may require that all utility facilities, including, but not limited to gas, electric power, telephone, and CATV cables, be located underground throughout the subdivision. All utility facilities existing and proposed throughout the subdivision shall be shown on the preliminary plat. Underground service connections to the street property line of each platted lot shall be installed at the subdivider’s expense. At the discretion of the Council, the requirement for service connections to each lot may be waived in the case of adjoining lots to be retained in single ownership and intended to be developed for the same primary use.
2. Easements. Easements shall be provided as follows:
A. Easements centered on rear lot lines shall be provided for utilities. Such easements shall be at least 10 feet wide. Proper coordination shall be established between the subdivider and the applicable utility companies for the establishment of utility easements established in adjoining properties.
B. Where topographical or other conditions are such as to make impractical the inclusion of utilities within the rear lot lines, perpetual unobstructed easements at least 10 feet in width shall be provided alongside lot lines with satisfactory access to the street or rear lot lines. Easements shall be indicated on the plat.
Existing features which would add value to residential development or to the City as a whole, such as trees, watercourses and falls, beaches, historic spots, and similar irreplaceable assets, shall be preserved in the design of the subdivision. No trees shall be removed from any subdivision nor any change of grade of the land effected until approval of the preliminary plat has been granted. All trees on the plat required to be retained shall be preserved, and all trees where required shall be protected against change of grade.
1. Conservation Easements. The City or authorized agent of the City may acquire by purchase, gift, contract or other voluntary means, but not by eminent domain, conservation easements in land to preserve scenic beauty, wildlife habitat, riparian lands, wetlands or forests, promote outdoor recreation or otherwise conserve for the benefit of the public the natural beauty, natural resources and public recreation facilities of the State.
(Code of Iowa, Sec. 457A.1)
2. Design, Construction, Reconstruction and Relocation of Roads, Streets and Highways.
A. Prime Agricultural Lands. Topsoil removed may be utilized for landscaping and other necessary construction. Excess topsoil shall be made available to the former landowner or other landowners whose land was purchased for the construction or others, and if not acquired by one of these parties, it may be disposed.
(Code of Iowa, Sec. 314.23[4])
B. Wetlands. Wetland removed shall be replaced by acquisition of wetland, in the same general vicinity if possible, for public ownership and preservation or by other mitigation deemed to be comparable to the wetland removed, including, but not limited to, the improvement, development or preservation of wetland under public ownership.
The following provisions shall apply to nonresidential subdivisions:
1. General. If a proposed subdivision includes land that is used for commercial or industrial purposes, the layout of the subdivision with respect to such land shall make such provision as the Council may require. A nonresidential subdivision shall be subject to all the requirements of these regulations, as well as such additional standards required by the Council, and shall conform to the proposed land use and standards established in City plans and regulations.
2. Standards. In addition to the principles and standards in these regulations, which are appropriate to the planning of all subdivisions, the applicant shall demonstrate to the satisfaction of the City that the street, parcel, and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed:
A. Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial development anticipated.
B. Street rights-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereupon.
C. Special requirements may be imposed by the City with respect to street, curb, gutter and sidewalk design and construction.
D. Special requirements may be imposed by the City with respect to the installation of public utilities, including water, sewer, and storm water drainage.
E. Every effort shall be made to protect adjacent residential areas from potential nuisance from a proposed commercial or industrial subdivision, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary.
F. Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas.
If land to be subdivided contains sites that are designated in City plans or plans of other public bodies to be used for schools or parks, the developer shall reserve such site for such use. If sites which have been reserved are not acquired by the City or other public body within two years of the date of the preliminary plat approval, then such sites may be subdivided by the developer. The appropriate public body may release the reserved site sooner by certifying to the Council that it does not intend to acquire such site within the two-year period.
Improvements in the two-mile unincorporated area under the jurisdiction of these regulations shall be the same as required herein, provided they are not less than that required by the applicable County subdivision regulations, and provided further that all construction plans shall be approved by the County, and completed public roads shall be accepted by the Board of Supervisors for public maintenance.
Before the final plat is approved by the Council, all applicants shall be required to complete, in accordance with the Council’s decision and to the satisfaction of the City Engineer, all the street, sanitary, and other improvements as required in these regulations, specified in the preliminary plat, and as approved by the Council, and to dedicate same to the City, free and clear of all liens and encumbrances on the property and public improvements thus dedicated .
The Council in its discretion may waive the requirement that the applicant complete and dedicate all public improvements prior to approving the final plat, and that, as an alternative, the applicant post a bond at the time of application for final plat approval in an amount estimated by the Council as sufficient to secure to the City the satisfactory construction, installation, and dedication of the incomplete portion of required improvements. In addition:
1. Approved by City Attorney. Such performance bond shall comply with all statutory requirements and shall be satisfactory to the City Attorney as to form, sufficiency, and manner of execution as set forth in these regulations.
2. Completion Period. The period within which required improvements must be completed shall be specified by the Council in the resolution approving the final plat shall be incorporated in the bond, and shall not exceed one year from date of final approval.
3. Extension of Completion Period. The performance bond shall be approved by the Council as to the amount and surety and conditions satisfactory to the Council. The Commission may, upon proof of difficulty, recommend to the Council extension of the completion date set forth in such bond for a maximum period of one additional year. The Council may at any time during the period of such bond accept a substitution of principal or sureties on the bond.
4. Temporary Improvements. The applicant shall build and pay for all costs of temporary improvements required by the Council and shall maintain same for the period specified by the Council. Prior to construction of any temporary facility or improvement, the developer shall file with the City a separate suitable bond for temporary facilities, which bond shall insure that the temporary facilities will be properly constructed, maintained and removed.
5. Failure to Complete Improvement. For subdivisions for which no performance bond has been posted, if the improvements are not completed within the period specified by the Council in the resolution approving the plat, the approval shall be deemed to have expired. In those cases where a performance bond has been posted and required improvements have not been installed within the terms of such performance bond, the City may declare the bond to be in default and require that all the improvements be installed regardless of the extent of the building development at the time the bond is declared to be in default.
The Council shall provide for inspection of required improvements during construction and insure their satisfactory completion. The applicant shall pay to the City an inspection fee equal to the actual cost of inspection. These fees shall be due and payable upon demand of the City and no building permits or certificates of occupancy shall be issued until all fees are paid. The subdivider shall furnish the Council with a construction schedule prior to the commencement of any and all construction, and notify the City not less than 24 hours in advance of readiness for required inspections.
The performance bond may not be released or reduced except as follows:
1. Certificate of Satisfactory Completion. The Council will not accept dedication of required improvements, nor release nor reduce a performance bond, until the City Engineer has submitted a certificate stating that all required improvements have been satisfactorily completed and until the applicant’s engineer has certified to the City through submission of detailed “as-built” plans of the subdivision indicating location, dimensions, materials, and other information required by the City, that all public improvements are in accordance with construction plans for the subdivision.
2. Reduction of Performance Bond. A performance bond may be reduced upon actual dedication of public improvements and then only to the ratio that the public improvement dedicated bears to the total public improvements for the plat.
Improvements shall be maintained and a maintenance bond provided as follows:
1. Maintenance of Improvements Before Acceptance. The applicant shall be required to maintain all improvements on the individual subdivided lots and provide for snow removal on streets and sidewalks, if required, until acceptance of said improvements by the Council. If there are any certificates of occupancy on a street not dedicated to the City, the City may, on 12 hours’ notice, plow the street or effect emergency repairs and charge same to applicant.
2. Maintenance Bond. The applicant shall be required to file a maintenance bond with the governing body, prior to dedication, in an amount considered adequate by the Council and in a form satisfactory to the City Attorney, in order to assure the satisfactory condition of the required improvements for a period of two years after the date of their acceptance by the governing body and dedication of same to the local government.
Required improvements may be deferred or waived as follows:
1. Waiver of Required Improvements. The Council may defer or waive at the time of final approval, subject to appropriate conditions, the provision of any or all such improvements as in its judgment are not requisite in the interests of the public health, safety, and general welfare, or which are inappropriate because of inadequacy or lack of connecting facilities.
2. Deferral of Required Improvements. Whenever it is deemed necessary by the Council to defer the construction of any improvement required herein because of incompatible grades, future planning, inadequate or lack of connecting facilities, or for other reasons, the applicant shall pay a share of the costs of the future improvements to the City prior to the approval of the final plat, or the applicant may post a bond insuring completion of said improvements upon demand of the City.
No certificate of occupancy shall be issued until the extent of street improvement is adequate for vehicular access by the prospective occupant and by police and fire equipment.
The subdivider shall install and construct all improvements required by these regulations in accordance with the specifications and under the supervision of the Council and to its satisfaction.
The standards and details of design herein contained are intended only as minimum requirements so that the general arrangement and layout of a subdivision may be adjusted to a wide variety of circumstances. However, in the design and development of the subdivision, the subdivider shall use standards consistent with the site conditions so as to assure an economical, pleasant and durable neighborhood.
In addition to the requirements established herein, all subdividers shall comply with the following laws, rules, and regulations.
1. Erosion Control Plans. Prior to initiating a land disturbing activity of 25,000 square feet or more, a person may be required to file a signed affidavit with the soil and water conservation district that the project will not exceed the soil loss limit.
(Code of Iowa, Sec. 161A.64)
2. Storm Water Discharge, Water and Sanitary Sewer Extensions and Connections to City System. Apply for permits as required by IDNR or City.
(Code of Iowa, Sec. 455B.183)
3. Flood Plain Development. Permit required from the City prior to initiation of any flood plain development. (See Section 160.10.)
(Code of Iowa, Sec. 455B.276)
4. Protection of Wetlands. A person shall not drain a protected wetland without first obtaining a permit from the IDNR.
(Code of Iowa. Sec. 456B.13)
5. US Army Corps of Engineers. Permits under Sec. 404 of the Clean Water Act may be required for any discharge (dumping of fill) into the waters of the United States. The Corps of Engineers must be contacted to make determination.
6. City Standards, Regulations and Plans. Any comprehensive plan, public utilities plan, capital improvement plan; and regulations adopted by Council or boards, commissions and agencies having lawful authority to adopt such rules.
7. State Statues and Administrative Code. All applicable statutes, and administrative rules such as those of the Iowa Department of Transportation.
8. County Standards and Regulations. The applicable standards and regulations of the County Board of Supervisors and County boards, commissions and agencies having lawful authority to adopt such rules.
9. Plat Approval and Conformity. Plat approval may be withheld if a subdivision is not in conformance with the above guides, or policy and purposes of these regulations.
The proposed name of the subdivision shall not duplicate, or too closely approximate phonetically, the name of any other subdivision in the area covered by these regulations. The Council, after consultation with the Commission, shall have the final authority to designate the name of the subdivision which shall be determined at preliminary plat approval.
Monuments shall be in conformance with the following requirements:
1. Establishment of Permanent Control Monuments. Prior to the offering of the plat of any subdivision for record, the surveyor shall confirm the prior establishment of permanent control monuments at each controlling corner on the boundaries of the parcel or tract of land being subdivided. If no permanent control monuments exist, the surveyor shall establish at least two permanent control monuments for each block created, or if the area subdivided into lots is less than a block in size, at least two permanent control monuments shall be established for the subdivision. Permanent control monuments shall be constructed of reasonably permanent material solidly embedded in the ground and capable of being detected by commonly used magnetic or electronic equipment. The surveyor shall affix a cap of reasonably inert material bearing an embossed or stencil cut marking of the Iowa registration number of the surveyor to the top of the monument.
2. Other Monuments of Record. Other monuments established prior to the recording of the plat of the subdivision and described on the plat shall be considered monuments of record and shall be given the same weight as original permanent control monuments if the monuments remain undisturbed in their original positions. The additional monuments shall be constructed and embedded according to the provisions for permanent control monuments prescribed in subsection 1 of this section.
3. Establishment and Recording of Other Monuments. Monuments other than the permanent control monuments required in subsection 1 of this section shall not be required to be established before the recording of the plat or the conveyancing of lands by reference to the plat if the surveyor includes in the certification of the plat that the additional monuments required by these regulations shall be established before a specified future date.
4. Additional Monuments Required. Additional monuments shall be constructed and embedded according to the provisions for permanent control monuments prescribed in subsection 1 of this section, and shall be set at all of the following locations whether set prior to the recording of the plat, or subsequent to such recording:
A. At every corner and angle point of every lot, block or parcel of land created.
B. At every point of intersection of the outer boundary of the subdivision with an existing or created right-of-way line of any street, railroad, or other way.
C. At every point of curve, tangency, reversed curve, or compounded curve on every right-of-way line established.
Placement of Monument. When the placement of a monument required by this chapter at the prescribed location is impractical, it is permissible to establish a reference monument in close proximity to the prescribed location. If the reference monument is established prior to the recording of the plat and its location properly shown on the plat, the reference monument shall have the same status as other monuments of record. Where any point requiring monumentation has been previously monumented, the existence of the monument shall be confirmed by the surveyor. The existing monument shall be considered a monument of record when properly shown and described on the recorded plat.
Land which the City finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements, or other features which will reasonably be harmful to the safety, health, and general welfare of the present or future inhabitants of the subdivision or its surrounding areas or both, shall not be subdivided or developed unless adequate methods are formulated by the subdivider and approved by the Council, upon recommendation of the Commission, to solve the problems created by the unsuitable land conditions. Such land shall be set aside for uses as shall not involve such a danger.
The lot size, width, depth, shape, and orientation shall be appropriate for the location of the subdivision and for the type of development and use contemplated.
1. Lot Size. Minimum lot dimensions and sizes shall conform to the requirements of the zoning regulations where applicable, but in no case shall a lot contain less than 5,000 square feet of area or be less than 50 feet wide measured at the building line.
A. Residential lots where not served by public sewer shall be of sufficient size, as determined by the City and subject to any applicable State or County rules or regulations, to accommodate the type of private sewage disposal system proposed by the developer.
B. Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated .
C. Corner lots for residential use shall have an extra 20 feet of width to permit appropriate building setback from and orientation to both streets.
2. Street Access. Each lot shall be provided with satisfactory access to a public street.
3. Double Frontage and Reverse Frontage Lots. Double frontage and reverse frontage lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least 10 feet, and across which there shall be no right of access, shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use.
4. Side Lot Lines. Side lot lines shall be substantially at right angles to straight street lines or radial to curved street lines.
5. Lot Drainage. Lots shall be laid out so as to provide positive drainage away from all buildings, and individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage shall be designed so as to avoid concentration of storm drainage water from each lot to adjacent lots.
6. Building Lines. Building lines conforming with zoning standards shall be shown on all lots within the platted area. Where the subdivided area is not under zoning control, the Council may require building lines in accordance with the needs of each subdivision.
Blocks shall conform to the following requirements :
1. Provision for Lots. Blocks shall have sufficient width to provide for two tiers of lots of appropriate depths. Exceptions shall be permitted in blocks adjacent to arterial streets, railroads, or waterways.
2. Design Considerations. The lengths, widths and shapes of blocks shall be determined with due regard to:
A. Provision for adequate building sites.
B. Zoning requirements where applicable.
C. Topography.
D. Needs for convenient access, circulation, control, and safety of street traffic.
3. Block Lengths. The lengths of blocks shall be appropriate to the type of development contemplated, but block lengths in residential developments shall not exceed 2,000 feet, or be less than 500 feet. Wherever practicable, blocks along arterials and collector streets shall not be less than 1,000 feet in length.
4. Easement Reservation. In blocks over 800 feet in length, the Council may require the reservation of an easement to accommodate utilities, drainage facilities, or pedestrian traffic.
5. Pedestrian Crosswalks. Pedestrian crosswalks, not less than 10 feet wide, may be required by the Council through the center of blocks more than 800 feet in length. Pedestrian crosswalks shall not exceed 12 percent in grade unless steps of an approved design are to be constructed.
Streets shall conform with the following general requirements:
1. Frontage on Improved Roads. No subdivision shall be approved unless the area to be subdivided shall have frontage on and access from an existing street.
2. Grading and Improvement Plan. Streets shall be graded and improved and conform to the City construction standards and specifications and shall be approved as to design and specifications by the City Engineer, in accordance with the construction plans required to be submitted.
3. Topography and Arrangement. Streets shall be in conformance with the following requirements related to topography and arrangement:
A. Streets shall be related appropriately to the topography. All streets shall be arranged so as to obtain as many as possible of the building sites at, or above, the grades of the streets. Grades of streets shall conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided. Specific standards are contained in the design standards of these regulations.
B. All streets shall be properly integrated with the existing and proposed system of streets and dedicated right-of-way.
C. All arterials shall be properly related to special traffic generators such as industries, business districts, schools, churches, and shopping centers; to population densities; and to the pattern of existing and proposed land uses.
D. Municipal service streets shall be laid out to conform as much as possible to the topography to discourage use by through traffic, to permit efficient drainage and utility systems, and to require the minimum number of streets necessary to provide convenient and safe access to property.
E. Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topography or other physical conditions, or unless in the opinion of the Council such extension is not necessary or desirable for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development of adjacent tracts.
F. In business and industrial developments, the streets and other accessways shall be planned in connection with the grouping of buildings, location of rail facilities, and the provision of alleys, truck loading and maneuvering areas, and walks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian.
4. Access to State or County Jurisdictional Roads. Whenever any part of a subdivision is designed with access to a road under State or County jurisdiction, permission for access to such roads shall be obtained from the appropriate jurisdiction and such access shall be designed according to the standards of the appropriate jurisdiction.
5. Access to Arterial Streets. Where a subdivision borders on or contains an existing or proposed arterial street, the Council may require that lot access to such streets be limited by one of the following means:
A. Lots shall be designed so as to back onto the primary arterial and front onto a parallel municipal service street; no access shall be provided from the arterial street, and screening shall be provided in a strip of land along the rear property line of such lots.
B. A series of culs-de-sac entered from and designed generally at right angles to such a parallel street, with the rear lines of their terminal lots backing onto the arterial street.
C. A frontage or service road, separated from the primary arterial by a planting or grass strip and having access thereto at suitable points.
6. Street Names. Streets that are in alignment with others already existing shall bear the name of the existing streets. The proposed names of new streets shall not duplicate or sound similar to existing street names. Street names shall be subject to the approval of the Council and Commission.
7. Street Name Signs. Street name signs are to be placed at all intersections within or abutting the subdivision, the type and location of which to be approved by the Council. The City shall install all street name signs. The applicant shall deposit with the City at the time of final subdivision approval, the estimated cost of installation of each street sign required by the Council.
8. Street Lights. Installation of street lights shall be required in accordance with design and specification standards approved by the Council.
9. Construction of Streets and Dead-End Streets. Streets and dead-end streets shall be in conformance with the following requirements:
A. Construction of Streets. The arrangement of streets shall provide for the continuation of principal streets between adjacent properties when such continuation is necessary for convenient movement of traffic, effective fire protection, and for efficient provision of utilities. If the adjacent property is undeveloped and the street must be a dead-end street temporarily, the right-of-way shall be extended to the property line. A temporary T- or L-shaped turnabout shall be provided on all temporary dead-end streets, with the notation on the subdivision plat that land outside the normal street right-of-way shall revert to abutters whenever the street is continued. The Council may limit the length of temporary dead-end streets in accordance with the design standards of these regulations.
B. Permanent Dead-End Streets. Where a road does not extend to the boundary of the subdivision and its continuation is not required by the Council for access to adjoining property, its terminus shall normally not be nearer to such boundary than 150 feet. However, the Council may require the reservation of an appropriate easement to accommodate drainage facilities, pedestrian traffic, or utilities. A cul-de-sac turnaround shall be provided at the end of a permanent dead-end street in accordance with City construction standards and specifications. For greater convenience to traffic and more effective police and fire protection, permanent dead-end streets shall, in general, be limited in length in accordance with the design standards of these regulations.
The following design standards shall apply to the design of streets:
1. General. In order to provide for streets of suitable location, width, and improvement to accommodate prospective traffic and afford satisfactory access to police, fire fighting, snow removal, sanitation, and street maintenance equipment, and to coordinate streets so as to compose a convenient system and avoid undue hardships to adjoining properties the following design standards for streets are hereby required:
A. A tangent at least 100 feet long shall be introduced between reverse curves on municipal arterial and municipal collector streets, and 75 feet on municipal service streets.
B. When connecting street lines deflect from each other at any one point by more than 10 degrees, they shall be connected by a curve with a radius adequate to insure a sight distance of not less than 100 feet for municipal service and municipal collector streets, and of such greater radii as the Council shall determine for special cases.
C. Minimum Roadway and Right-of-Way Standards:
(1) Municipal arterial streets shall have a right-of-way width of not less than 80 feet and a roadway width of not less than 44 feet.
(2) Municipal collector streets shall have a right-of-way width of not less than 60 feet and a roadway width (back-to-back including curb and gutter width) of not less than 36 feet in commercial or industrial areas, and 29 feet in fringe or residential areas.
(3) Municipal service streets shall have a right-of-way of not less than 50 feet and a roadway width of not less than 26 feet.
(4) Frontage streets shall have a right-of -way width of not less than 40 feet and a roadway width of not less than 26 feet.
(5) Culs-de-sac shall meet all the requirements for a municipal service street and, in addition, shall provide a turnaround with a right-of-way radius of 60 feet and a roadway radius of 40 feet. No cul-de-sac shall exceed 500 feet in length.
D. Street grades, wherever feasible, shall not exceed the following:
(1) Municipal arterial streets – six percent.
(2) Municipal collector streets – eight percent.
(3) Municipal service streets – 10 percent.
(4) Frontage streets – six percent.
E. All changes in street grade shall be connected by vertical curves of minimum length in feet equal to 20 times the algebraic difference in percentages of grade.
F. No street grade shall be less than one-half of one percent.
2. Street Surfacing and Improvements. After sewer, water and other utilities to be located underground within the right-of-way have been installed by the applicant, the applicant shall construct curbs and gutters and shall surface or cause to be surfaced roadways to the widths prescribed in these regulations. Said surfacing shall be of Portland concrete cement. Adequate provision shall be made for culverts, drains, and bridges. All road pavement, shoulders, drainage improvements and structures, curbs, turnarounds and sidewalks shall conform to all construction standards and specifications adopted by the City, and shall be incorporated into the construction plans required to be submitted by the developer for plat approval.
3. Excess Right-of-Way. Right-of-way widths in excess of the standards designated in these regulations shall be required whenever, due to topography, additional width is necessary to provide adequate earth slopes. Such slopes shall not be in excess of three to one.
4. Railroads and Limited Access Highways. Railroad rights-of-way and limited access highways where so located as to affect the subdivision of adjoining lands shall be treated as follows:
A. In residential districts a buffer strip at least 25 feet in depth in addition to the normal depth of the lot required in the district shall be provided adjacent to the railroad right-of-way or limited access highway. This strip shall be part of the platted lots and shall be designated on the plat: This strip is reserved for screening. The placement of structures hereon is prohibited.
B. In districts zoned for business, commercial, or industrial uses the nearest street extending parallel or approximately parallel to the railroad shall, wherever practicable, be at a sufficient distance therefrom to ensure suitable depth for commercial or industrial sites.
C. Streets parallel to the railroad when intersecting a street which crosses the railroad at grade shall, to the extent practicable, be at a distance of at least 150 feet from the railroad right-of-way. Such distance shall be determined with due consideration of the minimum distance required for future separation of grades by means of appropriate approach gradients.
5. Intersections. The following standards shall apply to the design of intersections:
A. Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of two new streets at an angle of less than 75 degrees shall not be acceptable. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least 100 feet therefrom. Not more than two streets shall intersect at any one point unless specifically approved by the Council.
B. Proposed new intersections along one side of an existing street shall, wherever practicable, coincide with any existing intersections on the opposite side of such street. Street jogs with centerline offsets of less than 150 feet shall not be permitted, except where the intersected street has separated dual drives without median breaks at either intersection. Where streets intersect major streets, their alignment shall be continuous. Intersection of major streets shall be at least 800 feet apart.
C. Minimum curb radius at the intersection of two municipal service streets shall be at least 20 feet; and minimum curb radius at an intersection involving a municipal collector street shall be at least 25 feet. Abrupt changes in alignment within a block shall have the corners cut off in accordance with standard engineering practice to permit safe vehicular movement.
D. Intersections shall be designed with a flat grade wherever practical. In hilly or rolling areas, at the approach to an intersection, a leveling area shall be provided having not greater than a two percent rate at a distance of 60 feet, measured from the nearest right-of-way line of the intersecting street.
E. Where any street intersection will involve earth banks or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the developer shall cut such ground and/or vegetation, including trees, in connection with the grading of the public right-of-way to the extent deemed necessary to provide an adequate sight distance.
F. The cross-slopes on all streets, including intersections, shall be three percent or less.
6. Bridges. Bridges of primary benefit to the applicant, as determined by the Council, shall be constructed at the full expense of the applicant without reimbursement from the City. The sharing expense for the construction of bridges not of primary benefit to the applicant as determined by the Council, will be fixed by special agreement between the Council and the applicant. Said cost shall be charged to the applicant pro rata as the percentage of land developed and so served.
7. Alleys. The following design standards for alleys shall be required of all subdividers:
A. Alleys shall be prohibited in residential districts.
B. Alleys shall be provided in commercial and industrial districts, except that the Planning Commission may waive this requirement where other definite and assured provision is made for service access, such as off-street loading, unloading and parking consistent with and adequate for the uses proposed.
C. Alleys shall have a right-of-way of not less than thirty 30 feet and a roadway width of not less than 20 feet.
D. Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be cut off sufficiently to permit safe vehicular movement.
E. Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turn-around facilities at the dead end, as determined by the Council.
8. Street Dedications and Reservations. The following provisions shall apply to street dedications and reservations:
A. Street systems in new subdivisions shall be laid out so as to eliminate or avoid new perimeter half streets. Where an existing half street is adjacent to a new subdivision, the other half of the street shall be improved and dedicated by the subdivider. The Council may authorize a new perimeter street where the subdivider improves and dedicates the entire required street right-of-way width within the subdivision boundaries.
B. Where a subdivision borders an existing narrow street or when City plans or zoning setback regulations indicate plans for realignment or widening a road that would require use of some of the land in the subdivision, the applicant shall be required to improve and dedicate at the applicant’s own expense such areas for widening or realignment of such roads. Such frontage roads and streets shall be improved and dedicated by the applicant at the applicant’s expense to the full width as required by these subdivision regulations. Land reserved for any street purposes may not be counted in satisfying yard or area requirements of the zoning regulations whether the land is to be dedicated to the City in fee simple or an easement is granted to the City.
Water facilities shall be provided as follows:
1. General Requirements. The following general requirements shall apply to the provision of water facilities:
A. Where a public water main is accessible the subdivider shall install adequate water facilities, including fire hydrants, subject to City specifications. All water mains shall be at least six inches in diameter.
B. Water main extensions shall be approved by the City.
C. To facilitate the above, the location of all fire hydrants and all water supply improvements shall be shown on the preliminary plat.
2. Individual Wells and Central Water Systems. The following requirements shall apply to the provision of individual wells and central water systems.
A. In the discretion of the Council, if a public water system is not available, individual wells may be used or a central water system provided in such a manner that an adequate supply of potable water will be available to every lot in the subdivision. Water samples shall be submitted to the appropriate County or State agency for testing, and individual wells and central water systems shall be approved by the appropriate County or State health authorities. Orders of approval shall be submitted to the Council.
B. If the Council requires that a connection to a public water main be eventually provided as a condition to approval of an individual well or central water system, the applicant shall make arrangements for future water service at the time the plat receives final approval. Performance or cash bonds may be required to insure compliance.
3. Fire Hydrants. Fire hydrants shall be required for all subdivisions except those coming under subsection 2 of this section. Fire hydrants shall be located no more than 1,000 feet apart and within 500 feet of any structure and shall be approved by the City.
Sewage facilities shall be provided as follows:
1. General Requirements. The applicant shall install sanitary sewer facilities in a manner prescribed by the City construction standards and specifications. All plans shall be designed in accordance with the rules, regulations, and standards of the City and the State Department of Natural Resources or State Department of Health. Plans shall be approved by the above agencies.
2. Construction of Sanitary Sewage Systems. Sanitary sewage systems shall be constructed as follows:
A. Where a public sanitary sewage system is reasonably accessible, the applicant shall connect with same and provide sewers accessible to each lot in the subdivision.
B. Where public sanitary sewage systems are not reasonably accessible but will become available within a reasonable time, not to exceed 15 years, the applicant may choose one of the following alternatives:
(1) Install a central sewage system, operated and maintained by the benefited property owners. Where plans for future public sanitary sewage systems exist, the applicant shall install the sewer lines, lateral and mains to be in permanent conformance with such plans and ready for connection to such public sewer mains.
(2) Individual disposal systems, provided the applicant shall install sanitary sewer lines, laterals, and mains from the street curb to a point in the subdivision boundary where a future connection with the public sewer main shall be made. Sewer lines shall be laid from the house to the street line, and a connection shall be available in the home to connect from the individual disposal system to the sewer system when the public sewers become available. Such sewer systems shall be capped until ready for use and shall conform to all plans for installation of the public sewer system, where such exist, and shall be ready for connection to such public sewer main.
C. Where sanitary sewer systems are not reasonably accessible and will not become available for a period in excess of 15 years, the applicant shall install individual disposal systems or central sewage systems.
3. Individual Disposal System Requirements. If public sewer facilities are not available and individual disposal systems are proposed, minimum lot areas shall conform to the requirements of applicable zoning regulations and these regulations. Percolation tests and test holes shall be made as directed by the City and the results submitted to the local board of health.
4. Water Supply Interconnections. There shall be no physical connection between a public or private potable water supply system and a sewer which will permit the passage of any sewage or polluted water into the potable supply. Sewers shall be kept removed from water supply wells or other water supply sources and structures.
The following requirements shall apply to the provision of sidewalks:
1. Location of Sidewalks. Sidewalks shall be included within the dedicated non-pavement right-of-way of all streets.
2. Construction of Sidewalks. Sidewalks shall be improved as required in subsection 2 of Section 172.17 of these regulations.
The following shall apply to the provision of utilities:
1. Location. The Council may require that all utility facilities, including, but not limited to gas, electric power, telephone, and CATV cables, be located underground throughout the subdivision. All utility facilities existing and proposed throughout the subdivision shall be shown on the preliminary plat. Underground service connections to the street property line of each platted lot shall be installed at the subdivider’s expense. At the discretion of the Council, the requirement for service connections to each lot may be waived in the case of adjoining lots to be retained in single ownership and intended to be developed for the same primary use.
2. Easements. Easements shall be provided as follows:
A. Easements centered on rear lot lines shall be provided for utilities. Such easements shall be at least 10 feet wide. Proper coordination shall be established between the subdivider and the applicable utility companies for the establishment of utility easements established in adjoining properties.
B. Where topographical or other conditions are such as to make impractical the inclusion of utilities within the rear lot lines, perpetual unobstructed easements at least 10 feet in width shall be provided alongside lot lines with satisfactory access to the street or rear lot lines. Easements shall be indicated on the plat.
Existing features which would add value to residential development or to the City as a whole, such as trees, watercourses and falls, beaches, historic spots, and similar irreplaceable assets, shall be preserved in the design of the subdivision. No trees shall be removed from any subdivision nor any change of grade of the land effected until approval of the preliminary plat has been granted. All trees on the plat required to be retained shall be preserved, and all trees where required shall be protected against change of grade.
1. Conservation Easements. The City or authorized agent of the City may acquire by purchase, gift, contract or other voluntary means, but not by eminent domain, conservation easements in land to preserve scenic beauty, wildlife habitat, riparian lands, wetlands or forests, promote outdoor recreation or otherwise conserve for the benefit of the public the natural beauty, natural resources and public recreation facilities of the State.
(Code of Iowa, Sec. 457A.1)
2. Design, Construction, Reconstruction and Relocation of Roads, Streets and Highways.
A. Prime Agricultural Lands. Topsoil removed may be utilized for landscaping and other necessary construction. Excess topsoil shall be made available to the former landowner or other landowners whose land was purchased for the construction or others, and if not acquired by one of these parties, it may be disposed.
(Code of Iowa, Sec. 314.23[4])
B. Wetlands. Wetland removed shall be replaced by acquisition of wetland, in the same general vicinity if possible, for public ownership and preservation or by other mitigation deemed to be comparable to the wetland removed, including, but not limited to, the improvement, development or preservation of wetland under public ownership.
The following provisions shall apply to nonresidential subdivisions:
1. General. If a proposed subdivision includes land that is used for commercial or industrial purposes, the layout of the subdivision with respect to such land shall make such provision as the Council may require. A nonresidential subdivision shall be subject to all the requirements of these regulations, as well as such additional standards required by the Council, and shall conform to the proposed land use and standards established in City plans and regulations.
2. Standards. In addition to the principles and standards in these regulations, which are appropriate to the planning of all subdivisions, the applicant shall demonstrate to the satisfaction of the City that the street, parcel, and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed:
A. Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial development anticipated.
B. Street rights-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereupon.
C. Special requirements may be imposed by the City with respect to street, curb, gutter and sidewalk design and construction.
D. Special requirements may be imposed by the City with respect to the installation of public utilities, including water, sewer, and storm water drainage.
E. Every effort shall be made to protect adjacent residential areas from potential nuisance from a proposed commercial or industrial subdivision, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary.
F. Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas.
If land to be subdivided contains sites that are designated in City plans or plans of other public bodies to be used for schools or parks, the developer shall reserve such site for such use. If sites which have been reserved are not acquired by the City or other public body within two years of the date of the preliminary plat approval, then such sites may be subdivided by the developer. The appropriate public body may release the reserved site sooner by certifying to the Council that it does not intend to acquire such site within the two-year period.
Improvements in the two-mile unincorporated area under the jurisdiction of these regulations shall be the same as required herein, provided they are not less than that required by the applicable County subdivision regulations, and provided further that all construction plans shall be approved by the County, and completed public roads shall be accepted by the Board of Supervisors for public maintenance.
ABANDONED OR UNATTENDED REFRIGERATORS.............................................. 41.08 ABANDONED UTILITY CONNECTIONS On-Site Wastewater Treatment and Disposal Systems.................................. 98.07 Water Service...................................................................... 90.05 ABANDONED VEHICLES................................................................. 80 See also Impounding Vehicles....................................................... 70.06 See also State Code Traffic Regulations............................................ 62.01 ABANDONMENT OF CATS AND DOGS....................................................... 55.04 ABATEMENT OF NUISANCES............................................................. 50 ACCESS CONTROLLED.................................................................. 140 ACCOUNTING RECORDS................................................................. 7.07 AIR POLLUTION...................................................................... 50.02(8) See also ENVIRONMENTAL VIOLATION................................................... 4.02 AIRPORT AIR SPACE.................................................................. 50.02(11) See also AIRPORT ZONING REGULATIONS................................................ 180 AIRPORT COMMISSION................................................................. 26 AIRPORT ZONING COMMISSION.......................................................... 27 ALCOHOL Consumption and Intoxication....................................................... 45 Liquor Licenses and Wine and Beer Permits.......................................... 120 Open Containers in Motor Vehicles.................................................. 62.01(49) and (50) Social Host Liability.............................................................. 45.04 ALL-TERRAIN VEHICLES AND SNOWMOBILES............................................... 75 AMUSEMENT DEVICES.................................................................. 120.06 ANGLE PARKING...................................................................... 69.03 and 69.04 ANIMAL PROTECTION AND CONTROL Abandonment of Cats and Dogs....................................................... 55.04 Animal Neglect..................................................................... 55.02 Annoyance or Disturbance........................................................... 55.08 At Large Prohibited................................................................ 55.06 Confinement of Animals Suspected of Having Rabies.................................. 55.11 Damage or Interference by Animals.................................................. 55.07 Dangerous and Vicious Animals...................................................... 56 Duty to Report Attacks............................................................. 55.10 Impounding......................................................................... 55.12 - 55.14 Livestock.......................................................................... 55.03 and 55.05 Pet Awards Prohibited.............................................................. 55.15 Rabies Vaccination................................................................. 55.0 ANTENNA AND RADIO WIRES............................................................ 41.09 APPOINTMENTS By Council......................................................................... 17.05 By Mayor........................................................................... 15.03 ASSAULT............................................................................ 40.01 ATTORNEY FOR CITY.................................................................. 20 AUTOMOBILE REPAIR ON PUBLIC PROPERTY............................................... 69.05(2) AWNINGS............................................................................ 136.12 BARBED WIRE AND ELECTRIC FENCES.................................................... 41.10 BEER, LIQUOR, AND WINE CONTROL See ALCOHOL BICYCLES........................................................................... 76 See also BICYCLE LICENSING......................................................... See also Clinging to Vehicles...................................................... 62.04 See also State Code Traffic Regulations............................................ 62.01 BILLBOARDS......................................................................... 50.02(6) and 62.06 BONDS City Officials..................................................................... 5.02 House Movers....................................................................... 123.08 Public Bonds, Records of........................................................... 18.08(3) Streets............................................................................ 135.09(4) Transient Merchants .............................................................. 122.06 BUDGET Amendments......................................................................... 7.06 Preparation........................................................................ 7.05 BUILDING CODE AND BUILDING AND HOUSING BOARD OF APPEALS.......................................................................... 155 BUILDING MOVERS..................................................................... 123 BUILDING NUMBERING.................................................................. 150 BUILDING SEWERS AND CONNECTIONS..................................................... 96 BUILDINGS, UNSAFE................................................................... 157 BULKY RUBBISH....................................................................... 106.05 BURNING Burning on Streets and Alleys....................................................... 135.08 Fires in Parks...................................................................... 47.03 Fires or Fuel on Sidewalks.......................................................... 136.15 Open Burning Restricted............................................................. 105.05 Yard Waste.......................................................................... 105.06 BUSINESS DISTRICT................................................................... 60.02(1) See also: Bicycles on Sidewalks............................................................... 76.08(1) Sidewalks........................................................................... 136.08(5)(B) CABLE TELEVISION FRANCHISE.......................................................... 111 CAMPING IN PARKS.................................................................... 47.06 CAR WASHING ON STREETS.............................................................. 135.07 CHARTER ........................................................................... 2 CHICKEN AND DUCKS IN R-1 DISTRICT................................................... 165.11(4) CIGARETTES AND TOBACCO Permits............................................................................. 121 Possession by Minors................................................................ 46.02 CITY ADMINISTRATOR.................................................................. 21 CITY ATTORNEY....................................................................... 20 CITY CHARTER........................................................................ 2 CITY CLERK.......................................................................... 18 CITY COUNCIL Appointments by..................................................................... 17.05 Compensation........................................................................ 17.06 Meetings............................................................................ 17.04 and 5.06 Number and Term..................................................................... 2.04 and 17.01 Powers and Duties................................................................... 17.02 and 17.03 CITY ELECTIONS...................................................................... 6 CITY OFFICERS AND EMPLOYEES Appointments by Council............................................................. 17.05 Appointments by Mayor............................................................... 15.03 Bonds............................................................................... 5.02 City Administrator.................................................................. 21 City Attorney....................................................................... 20 City Clerk.......................................................................... 18 City Council........................................................................ 17 City Treasurer...................................................................... 19 Conflict of Interest................................................................ 5.07 Discretionary Powers................................................................ 1.13 Extension of Authority.............................................................. 1.07 Fire Chief.......................................................................... 35 Gifts to............................................................................ 5.11 Harassment of....................................................................... 41.05 Indemnity of........................................................................ 1.04 Mayor............................................................................... 15 CITY OFFICERS AND EMPLOYEES (continued) Oath of Office...................................................................... 5.01 Police Chief........................................................................ 30 Powers and Duties................................................................... 5.03 Removal of an Officer’s Communication or Control Device............................. 41.07 Removal of Appointed Officers and Employees......................................... 5.09 Resignations........................................................................ 5.08 Sewer Superintendent.............................................,,................. 95.03 Vacancies........................................................................... 5.10 Water Superintendent................................................................ 90.02 CITY OPERATING PROCEDURES........................................................... 5 CITY POWERS......................................................................... 1.03 CITY SEAL........................................................................... 18.13 CIVIL CITATIONS..................................................................... 4.04 CLINGING TO VEHICLE................................................................. 62.04 CODE OF IOWA TRAFFIC REGULATIONS.................................................... 62.01 CODE OF ORDINANCES Altering............................................................................ 1.10 Amendments to....................................................................... 1.08 Catchlines and Notes................................................................ 1.09 Definitions of Terms................................................................ 1.02 Rules of Construction............................................................... 1.06 Validity............................................................................ 1.11 COMPENSATION Changes in.......................................................................... 21.03 City Attorney....................................................................... 20.01 City Clerk.......................................................................... 18.01 Council Members..................................................................... 17.06 Mayor............................................................................... 15.04 Mayor Pro Tem....................................................................... 16.04 Set by Council...................................................................... 17.02(7) Treasurer........................................................................... 19.02 CONFLICT OF INTEREST................................................................ 5.07 CONTRIBUTING TO DELINQUENCY......................................................... 46.03 CONTROLLED ACCESS FACILITIES........................................................ 140 COUNCIL............................................................................. 17 COUNCIL MEETINGS.................................................................... 17.04 CRIMINAL MISCHIEF................................................................... 42.02 CROSSWALKS Designation and Maintenance......................................................... 61.02 Parking Prohibited in ............................................................. 69.06(1) Pedestrians in Crosswalks........................................................... 65.09 CURFEW.............................................................................. 46.01 DANGEROUS SUBSTANCES, DISTRIBUTING OF............................................... 41.01 DANGEROUS TOYS (THROWING AND SHOOTING).............................................. 41.12 DEFACING PROCLAMATIONS AND NOTICES.................................................. 42.03 DEPOSIT FOR UTILITIES............................................................... 92.09 DEPOSITS AND INVESTMENTS............................................................ 7.03(2) DESTRUCTION OF PROPERTY............................................................. 42.02 DISCRETIONARY POWER OF CITY OFFICERS AND EMPLOYEES.................................. 1.13 DISORDERLY CONDUCT.................................................................. 40.03 DOGS................................................................................ 55 See also ANIMALS DRIVEWAY CULVERTS................................................................... 135.13 DRUG PARAPHERNALIA.................................................................. 43 DUTCH ELM DISEASE................................................................... 50.02(10) EASEMENTS, USE OF................................................................... 95.08 ELECTIONS Duties of Clerk..................................................................... 18.12 Procedures.......................................................................... 6 ELECTRIC UTILITY BOARD OF TRUSTEES.................................................. 25 ENVIRONMENTAL VIOLATIONS............................................................ 4.02 EXCAVATIONS Sewer............................................................................... 96.04 Streets............................................................................. 135.09 Water............................................................................... 90.10 EXTENSION OF AUTHORITY.............................................................. 1.07 FAILURE TO DISPERSE................................................................. 40.05 FALSE IDENTIFICATION INFORMATION.................................................... 41.03 FALSE REPORTS Of Catastrophe...................................................................... 40.03(5) To Public Safety Entities........................................................... 41.02 FENCES Barbed Wire and Electric Fences..................................................... 41.10 Blocking Public and Private Ways.................................................... 50.02(5) See also ZONING..................................................................... 165 FIGHTING............................................................................ 40.03(1) FINANCE OFFICER..................................................................... 7.02 FINANCES............................................................................ 7 FINANCIAL REPORTS................................................................... 7.08 FIRE DEPARTMENT..................................................................... 35 FIRE HAZARD CONDITIONS Health and Fire Hazard.............................................................. 105.04 Storing of Flammable Junk........................................................... 50.02(7) Weeds and Brush..................................................................... 50.02(9) FIRE SPRINKLER SYSTEMS CONNECTIONS.................................................. 91.03 FIRES In Parks............................................................................ 47.03 On Sidewalks........................................................................ 136.15 Open Burning Restricted............................................................. 105.05 FIREWORKS........................................................................... 41.14 FISCAL MANAGEMENT................................................................... 7 FLAG, DISRESPECT OF................................................................. 40.03(6) FLOOD PLAIN REGULATIONS............................................................. 160 FORM OF GOVERNMENT.................................................................. 2.02 FRAUD............................................................................... 42.05 FUNDS............................................................................... 7.04 FUNERAL SERVICE, DISRUPTION OF...................................................... 40.03(8) See also State Code Traffic Regulations............................................. 62.01 GANG ACTIVITY....................................................................... 50.02(12) GARAGES AND ACCESSORY BUILDINGS See ZONING.......................................................................... 165 GARBAGE COLLECTION AND DISPOSAL..................................................... 105 and 106 GAS FRANCHISE....................................................................... 110 GIFTS TO CITY OFFICIALS............................................................. 5.11 GOLF CARTS.......................................................................... 78 GRADES OF STREETS, ALLEYS AND SIDEWALKS............................................. 138 GRAFFITI............................................................................ 52 HANDICAPPED PARKING See Persons with Disabilities Parking.............................................. 69.07 HARASSMENT Of Other Persons.................................................................... 40.02 Of Public Officers and Employees.................................................... 41.05 HAZARDOUS SUBSTANCE SPILLS.......................................................... 36 HAZARDOUS WASTE..................................................................... 105.09 See also Prohibited and Restricted Discharges to Sewer System....................... 97.03 and 97.04 HITCHHIKING......................................................................... 67.02 HOUSE MOVERS........................................................................ 123 HOUSE NUMBERS....................................................................... 150 HOUSES OF ILL FAME.................................................................. 50.02(12) HOUSING BOARD....................................................................... 11 IMPOUNDING Animals............................................................................. 55.12 Vehicles............................................................................ 70.06 and 80.02 INDEMNITY AGREEMENT, PERMITS AND LICENSES........................................... 1.04 INDUSTRIAL PROPERTY TAX EXEMPTIONS.................................................. 8 INSURANCE REQUIREMENTS Firefighters........................................................................ 35 Fireworks........................................................................... 41.14 House Movers........................................................................ 123.07 INTERFERENCE WITH OFFICIAL ACTS..................................................... 41.06 INVESTMENTS AND DEPOSITS............................................................ 7.03(2) JUNK AND JUNK VEHICLES.............................................................. 51 See also Storing of Flammable Junk.................................................. 50.02(7) LEGAL OPINIONS...................................................................... 20.06 LIBRARY............................................................................. 22 LICENSES Drivers............................................................................. 62.01 General Contractors and Excavators.................................................. 125 Liquor.............................................................................. 120 Peddlers, Solicitors and Transient Merchants........................................ 122 See also Issuance of Licenses and Permits........................................... 18.10 See also PERMITS LIQUOR LICENSES AND WINE AND BEER PERMITS........................................... 120 LITTERING Debris on Sidewalks................................................................. 136.17 Park Regulations.................................................................... 47.04 Placing Debris on Streets........................................................... 135.03 Solid Waste Control................................................................. 105.08 LIVESTOCK........................................................................... 55.03 and 55.05 LOAD AND WEIGHT RESTRICTIONS, VEHICLES.............................................. 66 LOITERING........................................................................... 40.04 MANUFACTURED AND MOBILE HOMES....................................................... 145 See also: Factory-Built Homes (Flood Plain Regulations)....................................... 160.06(5) MAYOR Appointments........................................................................ 15.03 Compensation........................................................................ 15.04 Powers and Duties................................................................... 15.02 Term of Office...................................................................... 15.01 Voting.............................................................................. 15.05 See also CITY OFFICERS AND EMPLOYEES MAYOR PRO TEM....................................................................... 16 MEETINGS Council Meetings.................................................................... 17.04 Procedures for Notice and Conduct of................................................ 5.06 Publication of Minutes of Council Meetings.......................................... 18.03 METERS, WATER....................................................................... 91 MINORS.............................................................................. 46 See also: Amusement Devices................................................................... 120.06 Employment for Serving of Alcohol................................................... 120.05(4) In Licensed Premises................................................................ 120.05(12) Persons Under Legal Age............................................................. 45.01 Persons Under Legal Age............................................................. 121.07 MOBILE HOMES........................................................................ 145 MUNICIPAL INFRACTIONS............................................................... 4 See also MUNICIPAL INFRACTION ABATEMENT PROCEDURE................................... 50.07 NAMING OF STREETS................................................................... 139 NATURAL GAS FRANCHISE............................................................... 110 NOISE Annoyance or Disturbance (Barking Dogs)............................................. 55.08 Disorderly Conduct.................................................................. 40.03(2) and 40.03(8) Quiet Zones......................................................................... 62.05 Truck Parking....................................................................... 69.11(2) NOMINATIONS FOR ELECTIVE OFFICES.................................................... 6 NUISANCE ABATEMENT PROCEDURE........................................................ 50 NUMBERING OF BUILDINGS.............................................................. 150 OATH OF OFFICE...................................................................... 5.01 OFFENSIVE SMELLS AND SUBSTANCES..................................................... 50.02(1) and (2) See also Restricted Discharges to Sanitary Sewer System............................. 97.04 OFF-ROAD MOTORCYCLES AND UTILITY VEHICLES........................................... 75 ONE-WAY TRAFFIC..................................................................... 68 ON-SITE WASTEWATER SYSTEMS.......................................................... 98 OPEN BURNING........................................................................ 105.05 OPEN CONTAINERS IN MOTOR VEHICLES....................................................62.01(49) and (50) OPEN MEETINGS....................................................................... 5.06 OPERATING PROCEDURES................................................................ 5 PARADES REGULATED....................................................................60.08 PARK REGULATIONS.................................................................... 47 See also Parks, Cemeteries and Parking Lots (Speed Limits).......................... 63.03 PARKING REGULATIONS All Night Parking Prohibited........................................................ 69.10 Angle Parking....................................................................... 69.03 and 69.04 Controlled Access................................................................... 140.06 Fire Lanes.......................................................................... 69.14 Illegal Purposes.................................................................... 69.05 No Parking Zones.................................................................... 69.08 Park Adjacent to Curb............................................................... 69.01 and 69.02 Parking of Bicycles................................................................. 76.11 Parking Prohibited.................................................................. 69.06 Parking Violations.................................................................. 70.03 and 70.04 Persons With Disabilities Parking................................................... 69.07 Snow Removal........................................................................ 69.13 Truck Parking Limited............................................................... 69.11 PARKS AND RECREATION BOARD.......................................................... 24 PEACE OFFICERS Failure to Assist................................................................... 41.04 Interference with................................................................... 41.06 Obedience to........................................................................ 60.07 Powers and Authority under Traffic Code............................................. 60 Qualifications...................................................................... 30.03 Removal of an Officer’s Communication or Control Device............................. 41.07 Training............................................................................ 30.04 See also POLICE DEPARTMENT.......................................................... 30 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS........................................ 122 PEDESTRIANS......................................................................... 67 See also: Crosswalks.......................................................................... 61.02 State Code Traffic Regulations...................................................... 62.01 Yield to Pedestrians in Crosswalks.................................................. 65.09 PENALTIES Abatement of Violation of Sewer Connection Requirements............................ 96.10 Additional Penalties – Cigarette and Tobacco Permits............................... 121.07 Curfew Violations.................................................................. 46.01(6) Municipal Infractions.............................................................. 4 Special Penalties (Sanitary Sewer Regulations)..................................... 95.09 Special Penalty (Bicycle Regulations).............................................. 76.14 Standard Penalty for Violation of Code of Ordinances............................... 1.14 Traffic Code Violations............................................................ 70 PERMITS Beer and Wine...................................................................... 120 Chicken and Ducks.................................................................. 165.11(4) Cigarette and Tobacco.............................................................. 121.02 Fireworks.......................................................................... 41.14 Flood Plain Development............................................................ 160 House Mover........................................................................ 123.02 Mobile Home Park................................................................... 145.05 On-Site Wastewater System.......................................................... 98.04 Persons with Disabilities Parking.................................................. 69.07 Sewer Connection................................................................... 96.01 Sidewalks (Approval)............................................................... 136.07 Street Excavation.................................................................. 135.09(1) Tree Planting.......................................................................151.02(1) Vehicles, Excess Size and Weight................................................... 66.02 Vending Machines and Sales Stands on Sidewalks..................................... 136.19 Water System Connection............................................................ 90.06 See also Issuance of Licenses and Permits.......................................... 18.10 See also LICENSES PERSONAL INJURIES.................................................................. 1.05 PET AWARDS PROHIBITED.............................................................. 55.15 PETTY CASH FUND.................................................................... 7.03(3) PLANNING AND ZONING COMMISSION..................................................... 23 PLAY STREETS....................................................................... 62.02 See also Playing in Streets........................................................ 135.04 POLICE DEPARTMENT.................................................................. 30 POLLUTION Air Pollution...................................................................... 50.02(8) Environmental Violations........................................................... 4.02 Hazardous Substance Spills......................................................... 36 Incinerators Required.............................................................. 105.11 Open Burning Restricted............................................................ 105.05 Prohibited Discharges to Public Sewer.............................................. 97.03 Restricted Discharges to Sewer System.............................................. 97.04 Toxic and Hazardous Wastes......................................................... 105.09 Water Pollution.................................................................... 50.02(4) POWERS AND DUTIES City Administrator................................................................. 21 City Clerk......................................................................... 18.02 City Council....................................................................... 17.02 and 17.03 City Officers Generally............................................................ 2.03 Fire Chief......................................................................... 35.07 Mayor.............................................................................. 15.02 Mayor Pro Tem...................................................................... 16.02 Municipal Officers................................................................. 5.03 Police Chief....................................................................... 30.07 PRIVATE PROPERTY................................................................... 42 PRIVATE WATER SYSTEMS (SEWER CHARGES).............................................. 99.03 PROPERTY MAINTENANCE CODE.......................................................... 158 PUBLIC AND PRIVATE PROPERTY Criminal Mischief.................................................................. 42.02 Damage to Sewer System............................................................. 95.04(1) Defacing Proclamations or Notices.................................................. 42.03 Fraud.............................................................................. 42.05 Injury to Library Books or Property................................................ 22.10 Littering Prohibited............................................................... 105.08 Park Regulations................................................................... 47 Public and Private Property........................................................ 42 Sidewalk Regulations............................................................... 136 PUBLIC AND PRIVATE PROPERTY (continued) Street Excavations................................................................. 135 Theft.............................................................................. 42.06 Trees and Shrubs on Public Property................................................ 151 Trespassing........................................................................ 42.01 Unauthorized Entry................................................................. 42.04 PUBLIC HEALTH AND SAFETY........................................................... 41 PUBLIC NOTICES..................................................................... 18.05(1) PUBLIC OFFENSES Littering Prohibited............................................................... 105.08 Public and Private Property........................................................ 42 Public Health and Safety........................................................... 41 Public Peace....................................................................... 40 See also SIDEWALK REGULATIONS...................................................... 136 See also STREET EXCAVATIONS........................................................ 135 PUBLICATION REQUIREMENTS........................................................... 18.05 RABIES VACCINATION................................................................. 55.09 RAILROAD REGULATIONS............................................................... 81 RECORDS Accounting......................................................................... 7.07 Fire Department.................................................................... 35.07(12) Maintenance by Clerk............................................................... 18.08 Minutes of Council Meetings........................................................ 5.06(3) Public Records, Access to.......................................................... 5.04 Transfer to Successors............................................................. 5.05 RECYCLABLE MATERIALS............................................................... 105 REMOVAL OF APPOINTED OFFICERS AND EMPLOYEES........................................ 5.09 RESIGNATION OF ELECTED OFFICERS.................................................... 5.08 RIGHT TO ENTER Fire Chief......................................................................... 35.07(9) Sewer Service Inspection and Sampling.............................................. 95.07 Solid Waste Collection............................................................. 106.06 Use of Easements................................................................... 95.08 Warrants........................................................................... 1.12 Water Meter Service................................................................ 91.08 RIGHTS-OF-WAY, USE OF CITY......................................................... 115 SANITARY SEWER SYSTEM Building Sewers and Connection Requirements........................................ 96 General Provisions................................................................. 95 On-Site Wastewater Systems......................................................... 98 Sewer Service Charges.............................................................. 99 Use of Public Sewers............................................................... 97 SCOOTERS, SKATEBOARDS AND ROLLER SKATES............................................ 77 SEWER RATES........................................................................ 99 SIDEWALKS Barricades and Warning Lights...................................................... 136.09 Bicycles on Sidewalks.............................................................. 76.08 Construction Standards............................................................. 136.08 Debris on.......................................................................... 136.17 Defacing........................................................................... 136.16 Encroaching Steps.................................................................. 136.13 Fires and Fuel on.................................................................. 136.15 Interference with Improvements..................................................... 136.11 Maintenance........................................................................ 136 Openings and Enclosures............................................................ 136.14 Parking Prohibited on Sidewalks.................................................... 69.06(4) Sales Stands and Merchandise Displays.............................................. 136.18 and 136.19 Snow Removal....................................................................... 136.03 Vehicles Crossing Sidewalks........................................................ 65.07 Vehicles on Sidewalks.............................................................. 62.03 SIGN CODE.......................................................................... 156 SKATES, COASTERS AND TOY VEHICLES Clinging to Vehicle................................................................ 62.04 SNOW REMOVAL From Sidewalks..................................................................... 136.03 From Streets....................................................................... 135.12 Parking............................................................................ 69.13 SNOWMOBILES, UTILITY, AND ALL-TERRAIN VEHICLES............................................... 75 SOLICITORS, PEDDLERS AND TRANSIENT MERCHANTS....................................... 122 SOLID WASTE CONTROL Collection......................................................................... 106 General Provisions................................................................. 105 See also Restricted Discharges to Sewer System..................................... 97.04 SPEED REGULATIONS.................................................................. 63 STATE CODE TRAFFIC REGULATIONS..................................................... 62.01 STOP OR YIELD REQUIRED............................................................. 65 STORM WATER Discharge to Sanitary Sewer Prohibited............................................. 95.04(2) and 97.01 Surface Water Exception............................................................ 97.02 STREET NAME MAP.................................................................... 139.04 and 139.05 STREETS AND ALLEYS Billboards and Signs Obstructing View.............................................. 50.02(6) Blocking Public and Private Ways................................................... 50.02(5) Excavations and Maintenance........................................................ 135 Grades............................................................................. 138 Naming............................................................................. 139 Obstructing Use of Streets......................................................... 40.03(7) Vacation and Disposal.............................................................. 137 See also TRAFFIC CODE SUBDIVISION CONTROL General Provisions................................................................. 170 Improvements and Design Standards.................................................. 172 Procedure.......................................................................... 171 TAX EXEMPTIONS Industrial Development............................................................. 8 TELECOMMUNICATIONS COMMISSION...................................................... 28 TERMS OF OFFICE City Administrator................................................................. 21 Clerk.............................................................................. 18.01 Council............................................................................ 2.04 and 17.01 Mayor.............................................................................. 2.05 and 15.01 Treasurer.......................................................................... 19.01 THEFT Library Property................................................................... 22.11 Public and Private Property........................................................ 42.06 TOBACCO PERMITS.................................................................... 121 TOXIC AND HAZARDOUS WASTE.......................................................... 105.09 TRAFFIC CODE Administration of.................................................................. 60 Enforcement Procedures............................................................. 70 General Regulations................................................................ 62 Load and Weight Restrictions....................................................... 66 One-Way Traffic.................................................................... 68 Parking Regulations................................................................ 69 Pedestrians........................................................................ 67 Speed Regulations.................................................................. 63 Stop or Yield Required............................................................. 65 Traffic Control Devices............................................................ 61 Turning Regulations................................................................ 64 TRAFFIC CONTROL DEVICES Installation; Standards; Compliance................................................ 61 Location........................................................................... 65.10 Traveling on Barricaded Street or Alley............................................ 135.05 TRAFFIC REGULATIONS................................................................ 62.01 TRANSIENT MERCHANTS, PEDDLERS, AND SOLICITORS...................................... 122 TREASURER.......................................................................... 19 TREES Disease Control.................................................................... 151.05 Dutch Elm Disease.................................................................. 50.02(10) Duty to Trim Trees................................................................. 151.03 Inspection and Removal of.......................................................... 151.06 Maintenance of Parking or Terrace.................................................. 135.10 Obstructing View at Intersections.................................................. 62.06 Open Burning Restrictions.......................................................... 105.05 Planting Restrictions.............................................................. 151.02 Trimming Trees to be Supervised.................................................... 151.04 Yard Waste......................................................................... 105.06 TRESPASSING........................................................................ 42.01 TRUCK PARKING LIMITED.............................................................. 69.11 TRUCK ROUTES....................................................................... 66.05 TURNING REGULATIONS................................................................ 64 UNAUTHORIZED ENTRY................................................................. 42.04 UNLAWFUL ASSEMBLY.................................................................. 40.04 UNSAFE BUILDINGS AND EQUIPMENT..................................................... 157 URBAN RENEWAL...................................................................... 9 URBAN REVITALIZATION AREA.......................................................... 10 URINATING AND DEFECATING IN PUBLIC................................................. 41.13 UTILITIES Cable Television................................................................... 111 Natural Gas........................................................................ 110 Sewer Service System............................................................... 95 - 99 Utility Board of Trustees.......................................................... 25 Water Service System............................................................... 90 - 94 U-TURNS............................................................................ 64.02 VACANCIES IN OFFICE................................................................ 5.10 VACATING STREETS OR ALLEYS......................................................... 137 VETO Council May Override............................................................... 17.03 Mayor’s Authority.................................................................. 15.02(4) VICIOUS ANIMALS.................................................................... 56 VIOLATIONS Cigarette and Tobacco Violations (Sale to Minors)................................... 121.07 Environmental....................................................................... 4.02 Municipal Infractions............................................................... 4 Parking............................................................................. 70 Special Penalties for Violation of Sanitary Sewer Regulations....................... 95.09 Standard Penalty for Violation of Code of Ordinances................................ 1.14 Traffic............................................................................. 62.01 Zoning.............................................................................. 165.35 VOTING PRECINCTS AND WARDS.......................................................... 3 WARRANTS............................................................................ 1.12 WASTE STORAGE CONTAINERS............................................................ 105.10 WASTEWATER SYSTEMS, ON-SITE......................................................... 98 WATER POLLUTION..................................................................... 50.02(4) WATER SERVICE SYSTEM Connections; General Regulations.................................................... 90 Meters.............................................................................. 91 Rates............................................................................... 92 WEAPONS Discharging Weapons in City Limits.................................................. 41.11 Taking Weapons During Arrest........................................................ 30.10 Throwing and Shooting............................................................... 41.12 WEEDS AND BRUSH..................................................................... 50.02(9) WELL FIELD PROTECTION............................................................... 94 WELLS, PRIVATE...................................................................... 93 WINE See ALCOHOL YARD REQUIREMENTS See ZONING.......................................................................... 165.20 YARD WASTE.......................................................................... 105.06 YIELD REQUIRED...................................................................... 65 ZONING REGULATIONS.................................................................. 165 See also AIRPORT ZONING REGULATIONS................................................. 180