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.

Index
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
CHAPTER 1 CODE OF ORDINANCES

1.01 TITLE

This code of ordinances shall be known and may be cited as the Code of Ordinances of the City of Vinton, Iowa.

1.02 DEFINITIONS

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.

1.03 CITY POWERS

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)

1.04 INDEMNITY

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.

1.05 PERSONAL INJURIES

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.

1.06 RULES OF CONSTRUCTION

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.

1.07 EXTENSION OF AUTHORITY

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.

1.08 AMENDMENTS

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)

1.09 CATCHLINES AND NOTES

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.

1.10 ALTERING CODE

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.

1.11 SEVERABILITY

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.

1.12 WARRANTS

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.

1.13 GENERAL STANDARDS FOR ACTION

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.

1.14 STANDARD PENALTY

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])

CHAPTER 2 CHARTER

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2.01 TITLE

This chapter may be cited as the charter of the City of Vinton, Iowa.

2.02 FORM OF GOVERNMENT

The form of government of the City is the Mayor-Council form of government.

(Code of Iowa, Sec. 372.4)

2.03 POWERS AND DUTIES OF CITY OFFICERS

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.

2.04 NUMBER AND TERM OF COUNCIL

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)

2.05 TERM OF MAYOR

The Mayor is elected for a term of two years.

(Code of Iowa, Sec. 376.2)

2.06 COPIES ON FILE

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)

CHAPTER 3 PRECINCTS AND WARDS

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3.01 WARDS AND VOTING PRECINCTS

The City is divided into four wards/voting precincts as follows:

  1. First Precinct. The first precinct 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 Sixth Street, thence east along Sixth Street to Eleventh Avenue, thence south along Eleventh Avenue to the railroad tracks, thence southeasterly along said railroad tracks to the east corporate limit of the City, thence north and following the corporate boundary, coming back south crossing the Cedar River on State Highway 150, back to the point of beginning.
  2. Second Precinct. The second precinct 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 Seventh Street, thence west along Seventh Street to D Avenue, thence south along D Avenue to West Eighth Street, thence west along 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. The third precinct shall consist of all of that portion of the City bounded by a line beginning at the intersection of Second Avenue and Seventh Street, thence west along Seventh Street to D Avenue, thence south along D Avenue to West Eighth Street, thence west along 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 Tenth Street, thence east along Tenth Street to Second Avenue, thence north along Second Avenue to the point of beginning.
  4. Fourth Precinct. The fourth precinct shall consist of all of that portion of the City bounded by a line beginning at the intersection of Second Avenue and Sixth Street, thence east along Sixth Street to Eleventh Avenue, thence south along Eleventh Avenue to the railroad tracks, thence southeasterly along said railroad tracks 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 east along Thirteenth Street to First Avenue, thence north along First Avenue to Tenth Street, thence east along Tenth Street to Second Avenue, thence north along Second Avenue to the point of beginning.
CHAPTER 4 MUNICIPAL INFRACTIONS

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4.01 MUNICIPAL INFRACTION

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.

4.02 ENVIRONMENTAL VIOLATION

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.

4.03 PENALTIES

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.

4.04 CIVIL CITATIONS

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.

4.05 ALTERNATIVE RELIEF

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])

4.06 ALTERNATIVE PENALTIES

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])

CHAPTER 5 OPERATING PROCEDURES

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5.01 OATHS

The oath of office shall be required and administered in accordance with the following:

  1. 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)

  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)

  1. 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:
  2. Mayor
  3. City Clerk
  4. Members of all boards, commissions, or bodies created by law.

(Code of Iowa, Sec. 63A.2)

5.02 BONDS

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])

5.03 POWERS AND DUTIES

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])

5.04 BOOKS AND RECORDS

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)

5.05 TRANSFER TO SUCCESSOR

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])

5.06 MEETINGS

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)

5.07 CONFLICT OF INTEREST

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])

5.08 RESIGNATIONS

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.

5.09 REMOVAL OF APPOINTED OFFICERS AND EMPLOYEES

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)

5.10 VACANCIES

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

5.11 GIFTS

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)

CHAPTER 6 CITY ELECTIONS

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6.01 NOMINATING METHOD TO BE USED

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)

6.02 NOMINATIONS BY PETITION

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)

6.03 ADDING NAME BY PETITION

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)

6.04 PREPARATION OF PETITION AND AFFIDAVIT

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)

6.05 FILING; PRESUMPTION; WITHDRAWALS; OBJECTIONS

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)

6.06 PERSONS ELECTED

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])

CHAPTER 7 FISCAL MANAGEMENT

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7.01 PURPOSE

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.

7.02 FINANCE OFFICER

The Clerk is the finance and accounting officer of the City and is responsible for the administration of the provisions of this chapter. 

7.03 CASH CONTROL

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.

7.04 FUND CONTROL

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.

7.05 OPERATING BUDGET PREPARATION

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])

7.06 BUDGET AMENDMENTS

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])

7.07 ACCOUNTING

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.

7.08 FINANCIAL REPORTS

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)

CHAPTER 8 INDUSTRIAL PROPERTY TAX EXEMPTIONS

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8.01 PURPOSE

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.

8.02 DEFINITIONS

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.

8.03 PERIOD OF PARTIAL EXEMPTION

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)

8.04 AMOUNTS ELIGIBLE FOR EXEMPTION

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.

8.05 LIMITATIONS

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)

8.06 APPLICATIONS

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.

8.07 APPROVAL

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)

8.08 EXEMPTION REPEALED

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)

CHAPTER 9 URBAN RENEWAL

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Urban Renewal
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
CHAPTER 10 URBAN REVITALIZATION

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Demo Title

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
CHAPTER 11 HOUSING BOARD

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11.01 HOUSING BOARD

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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
11.02 PURPOSES

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)

11.03 UNFAIR OR DISCRIMINATORY PRACTICES

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.

CHAPTER 15 MAYOR

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15.01 TERM OF OFFICE

The Mayor is elected for a term of two years.

15.02 POWERS AND DUTIES

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.

15.03 APPOINTMENTS

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.

15.04 COMPENSATION

The salary of the Mayor is $3,000.00 per year.

15.05 VOTING

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)

CHAPTER 16 MAYOR PRO TEM

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16.01 VICE PRESIDENT OF COUNCIL

The Mayor shall appoint a member of the Council as Mayor Pro Tem, who shall serve as vice president of the Council.

(Code of Iowa, Sec. 372.14[3])

16.02 POWERS AND DUTIES

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])

16.03 VOTING RIGHTS

The Mayor Pro Tem shall have the right to vote as a member of the Council.

(Code of Iowa, Sec. 372.14[3])

16.04 COMPENSATION

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])

CHAPTER 17 CITY COUNCIL

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17.01   NUMBER AND TERM OF COUNCIL

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.

17.02 POWERS AND DUTIES

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])

17.03 EXERCISE OF POWER

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])

17.04 COUNCIL MEETINGS

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. 

17.05 APPOINTMENTS

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

17.06 COMPENSATION

The salary of each Council member is $2,000.00 per year.

(Code of Iowa, Sec. 372.13[8])

CHAPTER 18 CITY CLERK

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18.01 APPOINTMENT AND COMPENSATION

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])

18.02 POWERS AND DUTIES: GENERAL

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.

18.03 PUBLICATION OF MINUTES

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])

18.04 RECORDING MEASURES

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])

18.05 OTHER PUBLICATIONS

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.

18.06 AUTHENTICATION

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])

18.07 CERTIFICATION

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)

18.08 RECORDS

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])

18.09 ATTENDANCE AT MEETINGS

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])

18.10 LICENSES AND PERMITS

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])

18.11 NOTIFICATION OF APPOINTMENTS

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])

18.12 ELECTIONS

The Clerk shall perform the duties relating to elections in accordance with Chapter 376 of the Code of Iowa.

18.13 CITY SEAL

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.”

CHAPTER 19 CITY TREASURER

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19.01 APPOINTMENT

The City Clerk is the Treasurer and performs all functions required of the position of Treasurer.

19.02 COMPENSATION

The Clerk receives no additional compensation for performing the duties of the Treasurer.

19.03 DUTIES OF 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. 

CHAPTER 20 CITY ATTORNEY

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20.01 APPOINTMENT AND COMPENSATION

The Council shall appoint by majority vote a City Attorney to serve for an indefinite term.  The City Attorney shall receive such compensation as established by resolution of the Council.

(Code of Iowa, Sec. 372.13[4])

20.02 ATTORNEY FOR CITY

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])

20.03 POWER OF ATTORNEY

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])

20.04 ORDINANCE PREPARATION

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])

20.05 REVIEW AND COMMENT

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])

20.06 PROVIDE LEGAL OPINION

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])

20.07 ATTENDANCE AT COUNCIL MEETINGS

The City Attorney shall attend meetings of the Council at the request of the Mayor or Council.

(Code of Iowa, Sec. 372.13[4])

20.08 PREPARE DOCUMENTS

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])

CHAPTER 21 CITY ADMINISTRATOR

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21.01 APPOINTMENT AND TERM

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.

21.02 ACCOUNTABLE TO THE COUNCIL

The City Administrator shall be responsible to the Council for the administration of municipal affairs as directed by the Council.

21.03 COMPENSATION

The City Administrator shall receive such annual salary as the Council shall establish by resolution.

21.04 POWERS AND DUTIES

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.

CHAPTER 22 LIBRARY BOARD OF TRUSTEES

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22.01 PUBLIC LIBRARY

The public library for the City is known as the Vinton Public Library.  It is referred to in this chapter as the Library.

22.02 LIBRARY TRUSTEES

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

22.03 QUALIFICATIONS OF TRUSTEES

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.

22.04 ORGANIZATION OF THE BOARD

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.  

22.05 POWERS AND DUTIES

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.

22.06 CONTRACTING WITH OTHER LIBRARIES

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.  

22.07 NONRESIDENT USE

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.  

22.08 EXPENDITURES

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)

22.09 ANNUAL REPORT

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.

22.10 INJURY TO BOOKS OR PROPERTY

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)

22.11 THEFT

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)

22.12 NOTICE POSTED

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)

CHAPTER 23 PLANNING AND ZONING COMMISSION

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23.01 PLANNING AND ZONING COMMISSION

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)

23.02 TERM OF OFFICE

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)

23.03 VACANCIES

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)

23.04 COMPENSATION

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)

23.05 POWERS AND DUTIES

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)

CHAPTER 24 PARKS AND RECREATION BOARD

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24.01 PARKS AND RECREATION BOARD CREATED

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.

24.02 BOARD ORGANIZATION

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.

24.03 DUTIES OF THE BOARD

In addition to its duty to make a plan for recreation and for the facilities for recreation, and to update and revise these plans as required, the Board has authority over the properties and personnel devoted to parks and recreation, subject to the limitation of expenditures for salaries and supplies, contracts and capital outlays set forth in the annual budget provided by the Council for parks and recreation operations.  The Board shall cooperate with the Mayor in the allotment of time of City employees for parks and recreation purposes.  The Chairperson shall order supplies by the procedures established by the Council for all departments of the City, and payment will be made by check written by the Clerk for invoices submitted and approved by the Board.  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.                  Employees.  Make recommendation to the City Administrator for the hiring of a Director of Parks and Recreation, assistants, and other employees necessary for the proper management of the park and recreational facilities, who shall be appointed by the City Administrator, subject to Council approval.  The Director shall assume such duties as established in the job description approved by the City Administrator, City Council and Parks and Recreation Board.  The Parks and Recreation Board shall receive from the Director such assistance and information as necessary in the performance of its duties as specified in Section 24.03 of this chapter.  The Director shall meet regularly with the Board to discuss policies and programs relating to the Parks and Recreation Department.  Wages, benefits and other compensation of full time and regular part time employees will be fixed by the Council.  Hiring of and wages of temporary and seasonal employees will be set by the Parks and Recreation Board within budgetary guidelines.

4.                  Purchasing.  To select and purchase all items considered necessary for the operation of the parks and recreational facilities subject to their specific municipal budget allocation.

5.                  Nonresident Use.  To authorize the use of the parks and recreational facilities by nonresidents of the City and to fix charges for this privilege as well as fixing charges, if any, for use by residents of the City.

6.                  Expenditure of Funds.  To control exclusively, subject to municipal budget allocation, the expenditure of all portions of the municipal funds allocated for parks and recreational purposes by the Council and of all money available by gifts or otherwise, not including specific Council allocations or grants for the erection or construction of specific parks and recreational facilities, and of all other funds belonging to the Board, including charges made and collected for the use of parks and recreational facilities.

7.                  Budget.  To make and submit 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.

8.                  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.

24.04 REPORTS

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.

24.05 RULES

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.

CHAPTER 25 ELECTRICAL UTILITY BOARD OF TRUSTEES

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25.01 PURPOSE

The purpose of this chapter is to provide for the operation of the municipally owned electric utility by a board of trustees.

25.02 BOARD ESTABLISHED

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)

25.03 APPOINTMENT OF TRUSTEES

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)

25.04 COMPENSATION

The Council shall by resolution set the compensation of Board members.

(Code of Iowa, Sec. 388.3)

25.05 VACANCIES

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)

25.06 POWERS AND DUTIES OF THE BOARD

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])

25.07 CONTROL OF FUNDS

The Board shall control tax revenues allocated to it as well as all moneys derived from operations.

(Code of Iowa, Sec. 388.5)

25.08 ACCOUNTING

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)

25.09 DISCRIMINATORY RATES ILLEGAL

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)

25.10 DISCONTINUANCE OF BOARD

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)

CHAPTER 26 AIRPORT COMMISSION

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26.01 AIRPORT COMMISSION

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)

26.02 APPOINTMENT AND TERM

Commissioners shall be appointed by the Council for staggered terms of six years.

(Code of Iowa, Sec. 330.20)

26.03 VACANCIES

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)

26.04 COMPENSATION

Members of the Commission shall serve without compensation.

(Code of Iowa, Sec. 330.20)

26.05 BOND

Each Commissioner shall execute and furnish a bond in an amount as established by resolution of the Council.

(Code of Iowa, Sec. 330.20)

26.06 OFFICERS

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)

26.07 POWERS AND DUTIES

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)

26.08 ANNUAL REPORT

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)

CHAPTER 27 AIRPORT ZONING COMMISSION

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27.01 AIRPORT ZONING COMMISSION

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)

27.02 TERMS OF OFFICE

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)

27.03 REMOVAL; VACANCIES

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)

27.04 POWERS AND DUTIES

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.

CHAPTER 28 TELECOMMUNICATIONS COMMISSION

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28.01 PURPOSE

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.

28.02 DEFINITIONS

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.

28.03 COMMISSION ESTABLISHED

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.

28.04 TERM OF OFFICE AND COMPENSATION

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.

28.05 ELECTION OF OFFICERS

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.

28.06 TREASURER

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.

28.07 MEETINGS

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.

28.08 POWERS OF THE COMMISSION

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.

28.09 DUTIES

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.

CHAPTER 30 POLICE DEPARTMENT

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30.01 DEPARTMENT ESTABLISHED

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.

30.02 ORGANIZATION

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.

30.03 PEACE OFFICER QUALIFICATIONS

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)

30.04 REQUIRED TRAINING

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)

30.05 COMPENSATION

Members of the department are designated by rank and receive such compensation as shall be determined by resolution of the Council.

30.06 POLICE CHIEF APPOINTED

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)

30.07 POWERS AND DUTIES OF POLICE CHIEF

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.

30.08 DEPARTMENTAL RULES

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.

30.09 SUMMONING AID

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)

30.10 TAKING WEAPONS

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)

CHAPTER 35 FIRE DEPARTMENT

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35.01 ESTABLISHMENT AND PURPOSE

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 Iowa, Sec. 364.16)

35.02 ORGANIZATION

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])

35.03 APPROVED BY COUNCIL

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.

35.04 TRAINING

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])

35.05 COMPENSATION

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.

35.06 ELECTION OF OFFICERS

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.

35.07 DUTIES 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.

35.08 OBEDIENCE TO FIRE CHIEF

No person shall willfully fail or refuse to comply with any lawful order or direction of the Fire Chief.

35.09 CONSTITUTION

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.

35.10 ACCIDENTAL INJURY INSURANCE

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)

35.11 LIABILITY INSURANCE

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)

35.12 CALLS OUTSIDE FIRE DISTRICT

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])

35.13 MUTUAL AID

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])

35.14 AUTHORITY TO CITE VIOLATIONS

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)

CHAPTER 36 HAZARDOUS SUBSTANCE SPILLS

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36.01 PURPOSE

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.

36.02 DEFINITIONS

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])

36.03 CLEANUP REQUIRED

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.

36.04 LIABILITY FOR CLEANUP COSTS

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.

36.05 NOTIFICATIONS

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.

36.06 POLICE AUTHORITY

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.

36.07 LIABILITY

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).

CHAPTER 40 PUBLIC PEACE

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40.01 ASSAULT

No person shall, without justification, commit any of the following:

  1. 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])

  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)

40.02 HARASSMENT

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.

40.03 DISORDERLY CONDUCT

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[1])

2.                   Noise.  Make loud and raucous noise in the vicinity of any residence or public building which causes unreasonable distress to the occupants thereof. 

(Code of Iowa, Sec. 723.4[2])

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[3])

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[4])

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[5])

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[6])

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.                   Obstruct Use of Street.  Without authority or justification, obstruct any street, sidewalk, highway, or other public way, with the intent to prevent or hinder its lawful use by others.

(Code of Iowa, Sec. 723.4[7])

8.                   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)

40.04 UNLAWFUL ASSEMBLY

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)

40.05 FAILURE TO DISPERSE

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) 

CHAPTER 41 PUBLIC HEALTH AND SAFETY

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41.01 DISTRIBUTING DANGEROUS SUBSTANCES

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 Iowa, Sec. 727.1)

41.02 FALSE REPORTS TO OR COMMUNICATIONS WITH PUBLIC SAFETY ENTITIES

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.

41.03 PROVIDING FALSE IDENTIFICATION INFORMATION

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)

41.04 REFUSING TO ASSIST OFFICER

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)

41.05 HARASSMENT OF PUBLIC OFFICERS AND EMPLOYEES

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)

41.06 INTERFERENCE WITH OFFICIAL ACTS

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)

41.07 REMOVAL OF AN OFFICER’S COMMUNICATION OR CONTROL DEVICE

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)

41.08 ABANDONED OR UNATTENDED REFRIGERATORS

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)

41.09 ANTENNA AND RADIO WIRES

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])

41.10 BARBED WIRE AND ELECTRIC FENCES

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.

41.11 DISCHARGING WEAPONS

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.

41.12 THROWING AND SHOOTING

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])

41.13 URINATING AND DEFECATING

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.

41.14 FIREWORKS

(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.

CHAPTER 42 PUBLIC AND PRIVATE PROPERTY

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42.01 TRESPASSING
  1. It is unlawful for a person to knowingly trespass upon the property of another.

(Code of Iowa, Sec. 716.8)

  1. For purposes of this section:

(Code of Iowa, Sec. 716.7[1])

  1. “Property” includes any land, dwelling, building, conveyance, vehicle, or other temporary or permanent structure, whether publicly or privately owned.
  2. “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.
  3. “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.
  4. “Railway corporation” means a corporation, company, or person owning, leasing, or operating any railroad in whole or in part within this State.
  5. “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.
  6. “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.

  1. Specific Exceptions. “Trespass” does not mean either of the following:

(Code of Iowa, Sec. 716.7[2b])

  1. 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.
  2. Entering upon the right-of-way of a public road or highway.
42.02 CRIMINAL MISCHIEF

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)

42.03 DEFACING PROCLAMATIONS OR NOTICES

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)

42.04 UNAUTHORIZED ENTRY

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.

42.05 FRAUD

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) 

42.06 THEFT

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) 

42.07 OTHER PUBLIC PROPERTY OFFENSES

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

CHAPTER 43 DRUG PARAPHERNALIA

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43.01 PURPOSE

The purpose of this chapter is to prohibit the use, possession with intent to use, manufacture, and delivery of drug paraphernalia as defined herein.

43.02 CONTROLLED SUBSTANCE DEFINED

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.

43.03 DRUG PARAPHERNALIA DEFINED

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.

43.04 DETERMINING FACTORS

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

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.

43.06 MANUFACTURE, DELIVERY, OR OFFERING FOR SALE

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.

CHAPTER 45 ALCOHOL CONSUMPTION AND INTOXICATION

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45.01 PERSONS UNDER LEGAL AGE

As used in this section, “legal age” means 21 years of age or more.

  1. 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])

  1. 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])

45.02 PUBLIC CONSUMPTION OR INTOXICATION

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)

45.03 OPEN CONTAINERS IN MOTOR VEHICLES

.  [See Section 62.01(49) and (50) of this Code of Ordinances.]

45.04 SOCIAL HOST

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.

CHAPTER 46 MINORS

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46.01 CURFEW

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.

  1. For use in this section, the following terms are defined:
  2. “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.
  3. “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.
  4. “Minor” means any unemancipated person under the age of 18 years.
  5. “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.
  6. “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.
  7. “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.
  8. Curfew Established. A curfew applicable to minors is established and shall be enforced as follows:
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. The following are exceptions to the curfew:
  14. The minor is accompanied by a responsible adult.
  15. 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.
  16. 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;

  1. The minor is on an emergency errand for a responsible adult;
  2. The minor is engaged in interstate travel through the City beginning, ending or passing through the City when such travel is by direct route.
  3. 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.
  4. Enforcement Procedures.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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.
46.02 CIGARETTES AND TOBACCO

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)

46.03 CONTRIBUTING TO DELINQUENCY

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)

CHAPTER 47 PARK REGULATIONS

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47.01 PURPOSE

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 Iowa, Sec. 364.12)

47.02 USE OF DRIVES REQUIRED

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.

47.03 FIRES

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.

47.04 LITTERING

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.

47.05 PARKS CLOSED

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.

47.06 CAMPING

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.

CHAPTER 50 NUISANCE ABATEMENT PROCEDURE

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50.01 DEFINITION OF NUISANCE

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 Iowa, Sec. 657.1)

50.02 NUISANCES ENUMERATED

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.

50.03 OTHER CONDITIONS

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)

50.04 NUISANCES PROHIBITED

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)

50.05 NUISANCE ABATEMENT

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])

50.06 ABATEMENT OF NUISANCE BY WRITTEN NOTICE

Any nuisance, public or private, may be abated in the manner provided for in this section:

(Code of Iowa, Sec. 364.12[3h])

  1. Contents of Notice to Property Owner. The notice to abate shall contain:
  2. Description of Nuisance. A description of what constitutes the nuisance.
  3. Location of Nuisance. The location of the nuisance.
  4. Acts Necessary to Abate. A statement of the act or acts necessary to abate the nuisance.
  5. Reasonable Time. A reasonable time within which to complete the abatement.
  6. 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.
  7. 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])

  1. 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.
  2. 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])

  1. 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])

  1. 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])

  1. 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)

  1. 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.

50.07 MUNICIPAL INFRACTION ABATEMENT 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.

CHAPTER 51 JUNK AND JUNK VEHICLES

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51.01 DEFINITIONS

For use in this chapter, the following terms are defined:

  1. “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.
  2. “Junk vehicle” means any vehicle legally placed in storage with the County Treasurer or unlicensed and having any of the following characteristics:
  3. Broken Glass. Any vehicle with a broken or cracked windshield, window, headlight or tail light, or any other cracked or broken glass.
  4. Broken, Loose, or Missing Part. Any vehicle with a broken, loose, or missing fender, door, bumper, hood, steering wheel or trunk lid.
  5. Habitat for Nuisance Animals or Insects. Any vehicle that has become the habitat for rats, mice, snakes, or any other vermin or insects.
  6. Flammable Fuel. Any vehicle that contains gasoline or any other flammable fuel.
  7. 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.
  8. 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.

  1. “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.
51.02 JUNK AND JUNK VEHICLES PROHIBITED

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.

51.03 JUNK AND JUNK VEHICLES A NUISANCE

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])

51.04 EXCEPTIONS

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.

51.05 NOTICE TO ABATE

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])

51.06 INTERFERENCE WITH ENFORCEMENT

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.

CHAPTER 52 GRAFFITI

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52.01 DEFINITIONS

As used in this chapter, the following definitions shall apply:

  1. “Deface” means to alter the appearance of something by removing, distorting, adding to, or covering all or a part of it.
  2. “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.
  3. “Real property” means land and whatever is constructed or growing upon or affixed to land, including fences and walls.
52.02 GRAFFITI PROHIBITED

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.

52.03 DECLARATION OF PUBLIC NUISANCE

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.

52.04 NOTIFICATION TO ABATE NUISANCE

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.

52.05 VIOLATION

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.

CHAPTER 55 ANIMAL PROTECTION AND CONTROL

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55.01 DEFINITIONS

The following terms are defined for use in this chapter.

  1. “Advertise” means to present a commercial message in any medium including but not limited to print, radio, television, sign, display, label, tag or articulation.
  2. “Animal” means a nonhuman vertebrate.

(Code of Iowa, Sec. 717B.1)

  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.
  2. “Business” means any enterprise relating to any of the following:
  3. The sale or offer for sale of goods or services.
  4. A recruitment for employment or membership in an organization.
  5. A solicitation to make an investment.
  6. An amusement or entertainment activity.
  7. “Fair” means any of the following:
  8. 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.
  9. An exhibition of agricultural or manufactured products.
  10. An event for operation of amusement rides or devices or concession booths.
  11. “Game” means a “game of chance” or “game of skill” as defined in Section 99B.1 of the Code of Iowa.
  12. “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)

  1. “Owner” means any person owning, keeping, sheltering or harboring an animal.
  2. “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.
55.02 ANIMAL NEGLECT

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)

55.03 LIVESTOCK NEGLECT

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)

55.04 ABANDONMENT OF CATS AND DOGS

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)

55.05 LIVESTOCK

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.

55.06 AT LARGE PROHIBITED

It is unlawful for any owner to allow an animal to run at large within the corporate limits of the City.

55.07 DAMAGE OR INTERFERENCE

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.

55.08 ANNOYANCE OR DISTURBANCE

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.

55.09 RABIES VACCINATION

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)

55.10 OWNER’S DUTY

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)

55.11 CONFINEMENT

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)

55.12 AT LARGE: IMPOUNDMENT

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.

55.13 DISPOSITION OF ANIMALS

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)

55.14 IMPOUNDING COSTS

Impounding costs are established by resolution of the Council.

(Code of Iowa, Sec. 351.37)

55.15 PET AWARDS PROHIBITED

(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.

CHAPTER 56 DANGEROUS AND VICIOUS ANIMALS

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56.01 DEFINITIONS

For use in this chapter, the following terms are defined:

  1. “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:
    1. Lions, tigers, jaguars, leopards, cougars, lynx and bobcats
    2.  Wolves, coyotes and foxes
    3. Badgers, wolverines, weasels, skunk and mink;
    4. Raccoons;
    5. Bears;
    6. Monkeys and chimpanzees;
    7. Bats;
    8. Alligators and crocodiles;
    9. Scorpions;
    10. Snakes that are venomous, or constrictors;
    11. Gila monsters;
  2. 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.
  3. “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.
56.02 KEEPING OF DANGEROUS ANIMALS PROHIBITED

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.

56.04 SEIZURE, IMPOUNDMENT AND DISPOSITION

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.

 

CHAPTER 60 ADMINISTRATION OF TRAFFIC CODE

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60.01 TITLE

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.”)

60.02 DEFINITIONS

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.

60.03 ADMINISTRATION AND ENFORCEMENT

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])

60.04 POWER TO DIRECT TRAFFIC

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.

60.05 REPORTS OF TRAFFIC ACCIDENTS

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)

60.06 PEACE OFFICER’S AUTHORITY

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)

60.07 OBEDIENCE TO PEACE OFFICERS

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)

60.08 PARADES REGULATED

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.

CHAPTER 61 TRAFFIC CONTROL DEVICES

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61.01 INSTALLATION

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)

61.02 CROSSWALKS

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)

61.03 TRAFFIC LANES

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)

61.04 STANDARDS

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)

61.05 COMPLIANCE

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)

61.05 NECESSITY OF SIGNS

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. 

CHAPTER 62 GENERAL TRAFFIC REGULATIONS

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62.01 VIOLATION OF REGULATIONS

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.
62.02 PLAY STREETS DESIGNATED

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)

62.03 VEHICLES ON SIDEWALKS

The driver of a vehicle shall not drive upon or within any sidewalk area except at a driveway.

62.04 CLINGING TO VEHICLE

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.

62.05 QUIET ZONES

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.

62.06 OBSTRUCTING VIEW AT INTERSECTIONS

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.

62.07 SEMI-TRACTORS; PROHIBITED NOISES

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.” 

62.08 DISTURBANCE OF THE PEACE

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.

CHAPTER 63 SPEED REGULATIONS

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63.01 GENERAL

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 Iowa, Sec. 321.285)

63.02 STATE CODE SPEED LIMITS

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.

63.03 PARKS, CEMETERIES, AND PARKING LOTS

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])

63.04 SPECIAL SPEED ZONES

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.

63.05 MINIMUM SPEED

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)

CHAPTER 64 TURNING REGULATIONS

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64.01 TURNING AT INTERSECTIONS

The driver of a vehicle intending to turn at an intersection shall do so as follows:

(Code of Iowa, Sec. 321.311)

  1. 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.
  2. 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.
  3. 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.

64.02 U-TURNS

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])

64.03 LEFT TURN FOR PARKING

No person shall make a left hand turn, crossing the centerline of the street, for the purpose of parking on said street.

64.04 NO RIGHT TURN ON RED

No driver of any vehicle shall make a right turn at the following intersections when the signal is red.

NONE

CHAPTER 65 STOP OR YIELD REQUIRED

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65.01 THROUGH STREETS

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 -

65.02 STOP REQUIRED

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.

65.03 FOUR-WAY STOP INTERSECTIONS

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.

65.04 YIELD REQUIRED

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.

65.05 SCHOOL STOPS

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.

65.06 SCHOOL TRAFFIC

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.

65.07 STOP BEFORE CROSSING SIDEWALK

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)

65.08 STOP WHEN TRAFFIC IS OBSTRUCTED

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.

65.09 YIELD TO PEDESTRIANS IN CROSSWALKS

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)

65.10 OFFICIAL TRAFFIC CONTROLS

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).

CHAPTER 66 LOAD AND WEIGHT RESTRICTIONS

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66.01 TEMPORARY EMBARGO

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 Iowa, Sec. 321.471 & 472)

66.02 PERMITS FOR EXCESS SIZE AND WEIGHT

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)

66.03 LOAD LIMITS UPON CERTAIN STREETS

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.

66.04 LOAD LIMITS ON BRIDGES

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)

66.05 TRUCK ROUTES

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)

CHAPTER 67 PEDESTRIANS

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67.01 WALKING IN STREET

Pedestrians shall at all times when walking on or along a street, walk on the left side of the street.

(Code of Iowa, Sec. 321.326)

67.02 HITCHHIKING

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)

67.03 PEDESTRIAN CROSSING

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)

CHAPTER 68 ONE-WAY TRAFFIC

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68.01 ONE-WAY TRAFFIC REQUIRED

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])

  1. Beginning at the intersection of West Sixth and “B” Avenue going north on “B” Avenue one block to West Fifth Street and ending there.
CHAPTER 69 PARKING REGULATIONS

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69.01 PARK ADJACENT TO CURB

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 Iowa, Sec. 321.361)

69.02 PARKING ON ONE-WAY STREETS

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)

69.03 ANGLE PARKING

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.