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1.01 Title |
1.08 Amendments |
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1.02 Definitions |
1.09 Catch-lines and Notes |
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1.03 City Powers |
1.10 Altering Code |
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1.04 Indemnity |
1.11 Severability |
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1.05 Personal Injuries |
1.12 Warrants |
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1.06 Rules of Construction |
1.13 General Standards for Action |
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1.07 Extension of Authority |
1.14 Standard Penalty |
1.01 TITLE. This code of ordinances shall be known and may be cited as the Code of Ordinances of the City of Le Grand, Iowa, 2006.
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 Le Grand, Iowa.
3. “Clerk” means the city clerk of Le Grand, 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 Le Grand, Iowa, 2006.
6. “Council” means the city council of Le Grand, Iowa.
7. “County” means Marshall County or Tama 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“Ordinances” means the ordinances of the City of Le Grand, Iowa, as embodied in this Code of Ordinances, ordinances not repealed by the ordinance adopting this Code of Ordinances, and those enacted hereafter.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 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 all injury to or death of any person or persons whomsoever, and all 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 there under, 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.
(Code of Iowa, Sec. 364.14)
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 which 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 CATCH LINES AND NOTES. The catchlines of the several sections of the 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 the 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 the Code of Ordinances, or to insert or delete pages, or portions thereof, or to alter or tamper with the Code of Ordinances in any manner whatsoever which will cause the law of the City to be misrepresented thereby.
(Code of Iowa, Sec. 718.5)
1.11 SEVERABILITY. If any section, provision or part of the Code of Ordinances is adjudged invalid or unconstitutional, such adjudication will not affect the validity of the 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 the Code of Ordinances for any particular provision, section or chapter, any person failing to perform a duty, or obtain a license required by, or violating any provision of the Code of Ordinances, or any rule or regulation adopted herein by reference shall, upon conviction, be subject to a fine of not more than five hundred dollars ($500.00) or imprisonment not to exceed thirty (30) days.
(Code of Iowa, Sec. 364.3[2])
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2.01 Title |
2.04 Number and Term of Council |
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2.02 Form of Government |
2.05 Term of Mayor |
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2.03 Powers and Duties |
2.06 Copies on File |
2.01 TITLE. This chapter may be cited as the charter of the City of Le Grand, 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. 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 five (5) Council Members elected at large for overlapping terms of four (4) years.
(Code of Iowa, Sec. 376.2)
2.05 TERM OF MAYOR. The Mayor is elected for a term of four (4) 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)
EDITOR'S NOTE
Ordinance No. 57 adopting a charter for the City was passed and approved by the Council on September 3, 1973. Pursuant to an election held November 8, 1977, the terms of the Council members were extended to four years. Pursuant to an election held November 13, 1979, the term of the Mayor was extended to four years.
3.01 CORPORATE LIMITS. The corporate limits of the City are described as follows:
The South 198 feet of the east 330 feet of Section 11, AND the south half of Section 12, AND the north half of Section 13, AND a tract of land in Section 13 described as “Lot 1 of the Subdivision of the NW¼ of the SE¼ of said Section 13, EXCEPT beginning at the northwest corner of said Lot 1, thence southeasterly along the northeasterly line of the Chicago and Northwestern Railroad right-of-way 222.5 feet; thence north to the north line of said Lot 1; thence west to the point of beginning, and also Lot 2 of the Subdivision of the NE¼ of the SE¼ of said Section 13, EXCEPT the east 40 feet thereof” all lying in T83N, R17W of the 5th P.M., Marshall County, Iowa
ANNEXED AREA:
The South 38½ Acres of the North 70½ Acres of the Fractional West Half of the Southwest Quarter (Frl. W½ SW¼) of Section Seven (7), Township Eighty-three (83) North, Range Sixteen (16), West of the 5th P.M., Tama County, Iowa; and
The West Fractional Half of the Southwest Quarter (W Frl.½ SW¼) Except the North 70.5 Acres thereof, in Section Seven (7), Township Eighty-three (83) North, Range Sixteen (16), West of the 5th P.M., Tama County, Iowa; and
The South 241.7 Feet of the West 241.7 feet of the West Fractional One Quarter of the Southwest Quarter of Section Seven (7), Township Eighty-three (83), Range Sixteen (16), West of the 5th P.M., Tama County, Iowa.
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4.01 Municipal Infraction |
4.04 Civil Citations |
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4.02 Environmental Violation |
4.05 Alternative Relief |
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4.03 Penalties |
4.06 Criminal Penalties |
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])
4.02 ENVIRONMENTAL VIOLATION. A municipal infraction which 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 one thousand dollars ($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 one thousand dollars ($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 twenty-four (24) hours from the time that the violation begins.
(3) The violation does not continue in existence for more than eight (8) 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. 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 one copy 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.
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 CRIMINAL 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])
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5.01 Oaths |
5.07 Conflict of Interest |
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5.02 Bonds |
5.08 Resignations |
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5.03 Duties: General |
5.09 Removal of Appointed Officers and Employees |
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5.04 Books and Records |
5.10 Vacancies |
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5.05 Transfer to Successor |
5.11 Gifts |
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5.06 Meetings |
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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 being certified as elected but not later than noon of the first day which 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)
2. 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 Le Grand as now or hereafter required by law.”
(Code of Iowa, Sec. 63.10)
3. 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 office:
A. Mayor
B. City Clerk
C. 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 DUTIES: GENERAL. 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 which 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-member 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[1])
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[2])
3. City Treasurer. An employee of a bank or trust company, who serves as Treasurer of the City.
(Code of Iowa, Sec. 362.5[3])
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[5])
5. Newspaper. The designation of an official newspaper.
(Code of Iowa, Sec. 362.5[6])
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[7])
7. Volunteers. Contracts with volunteer fire fighters or civil defense volunteers.
(Code of Iowa, Sec. 362.5[8])
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 (5%) 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[9])
9. Contracts. Contracts made by the City upon competitive bid in writing, publicly invited and opened.
(Code of Iowa, Sec. 362.5[4])
10. Cumulative Purchases. Contracts not otherwise permitted by this section, for the purchase of goods or services which benefit a City officer or employee, if the purchases benefiting that officer or employee do not exceed a cumulative total purchase price of twenty-five hundred dollars ($2500.00) in a fiscal year.
(Code of Iowa, Sec. 362.5[11])
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[12])
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 oblige of the contract.
(Code of Iowa, Sec. 362.5[13])
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.
(Code of Iowa, Sec. 372.13[9])
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 thirty (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 thirty (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, at the Council’s option, by one of the two following procedures:
(Code of Iowa, Sec. 372.13 [2])
1. Appointment. By appointment following public notice by the remaining members of the Council within forty (40) days after the vacancy occurs, except that if the remaining members do not constitute a quorum of the full membership, or if a petition is filed requesting an election, the Council shall call a special election as provided by law.
(Code of Iowa, Sec. 372.13 [2a])
2. Election. By a special election held to fill the office for the remaining balance of the unexpired term as provided by law.
(Code of Iowa, Sec. 372.13 [2b])
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)
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6.01 Nominating Method to be Used |
6.04 Preparation of Petition and Affidavit |
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6.02 Nominations by Petition |
6.05 Filing, Presumption, Withdrawals, Objections |
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6.03 Adding Name by Petition |
6.06 Persons Elected |
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 ten (10) 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])
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7.01 Purpose |
7.05 Operating Budget Preparation |
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7.02 Finance Officer |
7.06 Budget Amendments |
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7.03 Cash Control |
7.07 Accounting |
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7.04 Fund Control |
7.08 Financial Reports |
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 not to exceed fifty dollars ($50.00) 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.
4. Change Fund. The finance officer is authorized to draw a check on the Utility Fund for establishing a change fund in the amount of forty dollars ($40.00) for the purpose of making change without commingling other funds to meet the requirements of the office. Said change fund shall be in the custody of the Clerk, who shall maintain the integrity of the fund.
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 and Road Use Tax Funds, 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 retained earnings calculated in accordance with generally accepted accounting principles in excess of:
A. The amount of the expense of disbursements for operating and maintaining the utility or enterprise for the preceding three (3) months, and
B. The amount necessary to make all required transfers to restricted accounts for the succeeding three (3) 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 1 of each year.
4. Council Review. The Council shall review the proposed budget and may make any adjustments in the budget which it deems appropriate 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 ten (10) nor more than twenty (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 twenty (20) days before the date that the budget must be certified to the County Auditor and not less than ten (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. Checks shall be pre-numbered and signed by the Mayor and Clerk 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, sub-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.
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 first 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)
EDITOR’S NOTE
Ordinance No. 181, adopted August 10, 1999, designated the Le Grand Urban Revitalization Area for the City. This ordinance, not codified herein, is specifically saved from repeal.
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15.01 Term of Office |
15.04 Compensation |
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15.02 Powers and Duties |
15.05 Voting |
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15.03 Appointments |
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15.01 TERM OF OFFICE. The Mayor is elected for a term of four (4) years.
(Code of Iowa, Sec. 376.2)
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, 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 fourteen days after 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 the Code of Ordinances and the laws of the State.
9. Licenses and Permits. Sign all licenses and permits which 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. Town Marshal
3. Library Board
4. Parks and Recreation Commission
15.04 COMPENSATION. The salary of the Mayor is forty dollars ($40.00) for each regular and special meeting of the Council, whether attended or not.
(Code of Iowa, Sec. 372.13[8])
15.05 VOTING. The Mayor is not a member of the Council and shall not vote as a member of the Council.
(Code of Iowa, Sec. 372.4)
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16.01 Vice President of Council |
16.03 Voting Rights |
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16.02 Powers and Duties |
16.04 Compensation |
16.01 VICE PRESIDENT OF COUNCIL. The Mayor Pro Tem is 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 fifteen (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])
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17.01 Number and Term of Council |
17.04 Meetings |
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17.02 Powers and Duties |
17.05 Appointments |
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17.03 Exercise of Power |
17.06 Compensation |
17.01 NUMBER AND TERM OF COUNCIL. The Council consists of five (5) Council members elected at large for overlapping terms of four (4) years.
(Code of Iowa, Sec. 372.4 & 376.2)
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 which 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 adopted by resolution of the Council.
(Code of Iowa, Sec. 384.100)
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. Approved Action by Council. Passage of an ordinance, amendment, or resolution requires an affirmative vote of not less than a majority of the Council members. A motion to spend public funds in excess of ten thousand dollars ($10,000) on any one project, or a motion to accept public improvements and facilities upon their completion also requires an affirmative vote of not less than a majority of the Council members. Each Council member’s vote on an ordinance, amendment or resolution must be recorded.
(Code of Iowa, Sec. 380.4)
2. Overriding Mayor’s Veto. Within thirty (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, other than motions, 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 fourteen (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 fourteen (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. 380.4)
17.04 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 regular meetings of the Council are on the second Tuesday of each month at seven o’clock (7:00) p.m. in the Council Chambers at City Hall. If such day falls on a legal holiday or on a day when other events may conflict with the regularly scheduled Council meeting, the meeting is held on such day as may be determined by the Council.
2. Special Meetings. Special meetings shall be held upon call of the Mayor or upon the written request of a majority of the members of the Council submitted to the Clerk. Notice of a special meeting shall specify the date, time, place and subject of the meeting and such notice shall be given personally or left at the usual place of residence of each member of the Council. A record of the service of notice shall be maintained by the Clerk.
(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 (3) 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. Planning and Zoning Commission
4. Zoning Board of Adjustment
17.06 COMPENSATION. The salary of each Council member is twenty dollars ($20.00) for each meeting of the Council attended.
(Code of Iowa, Sec. 372.13[8])
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18.01 Appointment and Compensation |
18.08 Records |
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18.02 Powers and Duties: General |
18.09 Attendance at Meetings |
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18.03 Publication of Minutes |
18.10 Issue Licenses and Permits |
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18.04 Recording Measures |
18.11 Notify Appointees |
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18.05 Publication |
18.12 Elections |
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18.06 Authentication |
18.13 City Seal |
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18.07 Certify Measures |
18.14 Deputy City Clerk |
18.01 APPOINTMENT AND COMPENSATION. At its first meeting in January following the regular city election the Council shall appoint by majority vote a City Clerk to serve for a term of two (2) years. 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. The Clerk shall attend all regular and special Council meetings and within fifteen (15) days following a regular or special meeting 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 claim.
(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 PUBLICATION. The Clerk shall cause to be published all ordinances, enactments, proceedings and official notices requiring publication as follows:
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 (4) nor more than twenty (20) days before the date of the election, hearing or other action, unless otherwise provided by law.
(Code of Iowa, Sec. 362.3[1])
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, except that ordinances and amendments may be published by posting in the following places:
Citizens Savings Bank
U.S. Post Office
City Clerk’s Office
The Clerk is hereby directed to post promptly such ordinances and amendments, and to leave them so posted for not less than seven (7) days after the first date of posting. Unauthorized removal of the posted ordinance or amendment prior to the completion of the seven days shall not affect the validity of said ordinance or amendment. The Clerk shall note the first date of such posting on the official copy of the ordinance and in the official ordinance book immediately following the ordinance.
(Code of Iowa, Sec. 362.3[2])
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 CERTIFY MEASURES. 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 (5) 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 eleven (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 which by ordinance and 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 [4])
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. 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 ISSUE 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 NOTIFY APPOINTEES. The Clerk shall inform all persons appointed by the Mayor or Council to offices in the City government of their position and the time at which they shall assume the duties of their office.
18.12 ELECTIONS. The Clerk shall perform the following duties relating to elections and nominations:
1. Certify to the County Commissioner of Elections the type of nomination process to be used by the City no later than ninety (90) days before the date of the regular City election.
(Code of Iowa, Sec. 376.6)
2. Accept the nomination petition of a candidate for a City office for filing if on its face it appears to have the requisite number of signatures and is timely filed.
(Code of Iowa, Sec. 376.4)
3. Designate other employees or officials of the City who are ordinarily available to accept nomination papers if the Clerk is not readily available during normal working hours.
(Code of Iowa, Sec. 376.4)
4. Note upon each petition and affidavit accepted for filing the date and time that the petition was filed.
(Code of Iowa, Sec. 376.4)
5. Deliver all nomination petitions, together with the text of any public measure being submitted by the Council to the electorate, to the County Commissioner of Elections not later than five o’clock (5:00) p.m. on the day following the last day on which nomination petitions can be filed.
(Code of Iowa, Sec. 376.4)
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 which it may be necessary or proper to authenticate. The City seal is circular in form, in the center of which are the words “INCORPORATED JUNE 16, 1891, SEAL” and around the margin the words “CITY OF LE GRAND, MARSHALL COUNTY, IOWA.”
18.14 DEPUTY CITY CLERK. The office of Deputy City Clerk is established as follows:
1. Appointment. The Council may appoint a Deputy City Clerk and the Council shall have the power to dismiss the Deputy Clerk.
2. Authority. When the Clerk is absent or unable to act, the Deputy Clerk shall perform the Clerk’s duties, and the actions of the Deputy Clerk when the Clerk is absent or unable to act are legal and binding to the same extent as if done by the Clerk.
3. Compensation. The Deputy Clerk shall be compensated in an amount, or at a rate as may be from time to time fixed by the Council, or as may be fixed by the Clerk in accordance with provisions established by the Council.
4. Hours of Work. The Deputy Clerk shall work such hours as may from time to time be directed by the Clerk.
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19.01 Appointment |
19.03 Duties of Treasurer |
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19.02 Compensation |
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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.
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20.01 Appointment and Compensation |
20.05 Review and Comment |
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20.02 Attorney for City |
20.06 Provide Legal Opinion |
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20.03 Power of Attorney |
20.07 Attendance at Council Meetings |
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20.04 Ordinance Preparation |
20.08 Prepare Documents |
20.01 APPOINTMENT AND COMPENSATION. The Council shall appoint by majority vote a City Attorney to serve at the pleasure of the Council. The City Attorney shall receive such compensation as established by resolution of the Council.
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 which 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, upon request of the Council, give advice or a written legal opinion on contracts involving the City and upon all questions of law relating to City matters submitted by the Mayor or Council.
(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 which may be required for the use of the City.
(Code of Iowa, Sec. 372.13[4])
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21.01 Public Library |
21.07 Nonresident Use |
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21.02 Library Trustees |
21.08 Expenditures |
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21.03 Qualifications of Trustees |
21.09 Annual Report |
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21.04 Organization of the Board |
21.10 Injury to Books or Property |
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21.05 Powers and Duties |
21.11 Theft |
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21.06 Contracting with Other Libraries |
21.12 Notice Posted |
21.01 PUBLIC LIBRARY. The public library for the City is known as the Pioneer Heritage Library. It is referred to in this chapter as the Library.
21.02 LIBRARY TRUSTEES. The Board of Trustees of the Library, hereinafter referred to as the Board, consists of five (5) members. All members are to be appointed by the Mayor with the approval of the Council.
21.03 QUALIFICATIONS OF TRUSTEES. Not less than three (3) members of the Board shall be bona fide citizens and residents of the City. All members shall be over the age of eighteen (18) years.
21.04 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 six (6) years, except to fill vacancies. Each term shall commence on July first. Appointments shall be made every two (2) years of one-third (1/3) the total number or as near as possible, to stagger the terms.
2. Vacancies. The position of any resident Trustee shall be vacated if such member moves permanently from the City and of any Trustee if such member is absent from six (6) consecutive regular meetings of the Board, except in the case of sickness or temporary absence from the area. 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.
3. Compensation. Trustees shall receive no compensation for their services.
21.05 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 librarian, and authorize the librarian to employ such assistants and employees as may be necessary for the proper management of the Library, and fix their compensation; provided, however, that prior to such employment, the compensation of the librarian, 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 librarian, 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 librarian 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, devise or bequest. All other moneys derived from Library activities, including but not limited to fines, rentals and copy charges, shall be paid into the General Fund.
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.
13. County Historical Association. To have authority to make agreements with the local County historical association where such exists, and to set apart the necessary room and to care for such articles as may come into the possession of the association. The Trustees are further authorized to purchase necessary receptacles and materials for the preservation and protection of such articles as are in their judgment of a historical and educational nature and pay for the same out of funds allocated for Library purposes.
21.06 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)
2. 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 (5) 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 forty (40) days before the election. The proposition may be submitted at any election provided by law that is held in the territory of the party seeking to terminate the contract.
21.07 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.
4. Branch Library. By establishing branch libraries for lending books or other Library materials to nonresidents.
21.08 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 its President and Secretary.
(Code of Iowa, Sec. 384.20 & 392.5)
21.09 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.
21.10 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)
21.11 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)
21.12 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 (2) months or more after the date the person agreed to return the Library materials, or failure to return Library equipment for one (1) 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)
PLANNING AND ZONING COMMISSION
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23.01 Planning and Zoning Commission |
23.04 Compensation |
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23.02 Term of Office |
23.05 Powers and Duties |
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23.03 Vacancies |
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23.01 PLANNING AND ZONING COMMISSION. There shall be appointed by the Council a City Planning and Zoning Commission, hereinafter referred to as the Commission, consisting of five (5) members, who shall be residents of the City and qualified by knowledge or experience to act in matters pertaining to the development of a City plan and who 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 three (3) years. The terms of not more than two 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 of Improvements. No statuary, memorial or work of art in a public place, and no public building, bridge, viaduct, street fixtures, public structure or appurtenances, shall be located or erected, or site therefor obtained, nor shall any permit be issued by any department of the City for the erection or location thereof until and unless the design and proposed location of any such improvement shall have been submitted to the Commission and its recommendations thereon obtained, except such requirements and recommendations shall not act as a stay upon action for any such improvement when the Commission after thirty (30) days’ written notice requesting such recommendations, shall have failed to file same.
(Code of Iowa, Sec. 392.1)
5. Review and Comment on Plats. All plans, plats, or re-plats of subdivision or re-subdivisions of land embraced 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. Review and Comment of Street and Park Improvements. No plan for any street, park, parkway, boulevard, traffic-way, river front, or other public improvement affecting the City plan shall be finally approved by the City or the character or location thereof determined, unless such proposal shall first have been submitted to the Commission and the Commission shall have had thirty (30) days within which to file its recommendations thereon.
(Code of Iowa, Sec. 392.1)
7. 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 whatsoever which are received by the City for City planning and zoning purposes.
(Code of Iowa, Sec. 392.1)
8. 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)
9. 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, disbursements and the progress of its work during the preceding fiscal year.
(Code of Iowa, Sec. 392.1)
PARK AND RECREATION COMMISSION
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23.01 Appointment of Commission Members |
23.07 Records |
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23.02 Qualification of Members |
23.08 Jurisdiction |
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23.03 Compensation |
23.09 Powers and Duties |
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23.04 Term of Office |
23.10 Commission Account |
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23.05 Officers |
23.11 Annual Report |
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23.06 Vacancies |
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23.01 APPOINTMENT OF COMMISSION MEMBERS. The Park and Recreation Commission, hereinafter referred to as the Commission, shall consist of five (5) members who are appointed by the Mayor with the approval of the Council.
23.02 QUALIFICATION OF MEMBERS. Not less than three of the members of the Commission shall be bona fide citizens and residents of the City and all shall be over the age of eighteen (18).
23.03 COMPENSATION. The members of the Commission shall receive no compensation for their services.
23.04 TERM OF OFFICE. All appointments to the Commission shall be for six (6) years, except to fill vacancies. Each term shall commence on July 1. Appointments shall be made every two (2) years of one-third of the total number or as near as possible, to stagger the terms.
23.05 OFFICERS. An organizational meeting of the Commission shall be held annually during the month of July and the Commission shall elect from its members a President, a Secretary and such other officers as it deems necessary.
23.06 VACANCIES. The position of any resident member shall be vacated if such member moves permanently from the City and of any member if such member is absent from six (6) consecutive regular meetings of the Commission, except in the case of sickness or temporary absence from the area. Vacancies in the Commission shall be filled in the same manner as an original appointment except that the new member shall fill out the unexpired term for which the appointment is made.
23.07 RECORDS. The Commission shall keep a record of all its meetings.
23.08 JURISDICTION. The Commission shall have, subject to the direction of the Council when and as the Council may deem advisable, control of public parks, playgrounds and recreation centers under the jurisdiction of the Commission.
23.09 POWERS AND DUTIES. The Commission shall possess and exercise the following powers and duties:
1. Rules and Regulations. To make and adopt, amend, modify or repeal rules and regulations not inconsistent with the ordinances and the law for the care, use, government and management of the parks, playgrounds and recreation centers over which the Commission has jurisdiction, fixing and enforcing penalties for violations.
2. Personnel. To employ an executive officer and to authorize the executive officer to employ such assistants and employees as may be necessary for the proper management of the parks, playgrounds and recreation centers and to fix their terms of employment, duties and compensation.
3. Funds. To have exclusive control of the expenditure of all funds allocated for park, playground and recreation center purposes by the Council, and for all moneys available by gift or otherwise under the rules established by the Commission.
4. Contracts. To make contracts, to sue and to be sued.
5. Gifts. To accept gifts, devises and bequests of real property, subject to the approval of the Council, and of personal property, either outright or in trust, and to enforce the performance of conditions which may be attached to them.
6. Property Acquisition. To acquire real property, subject to the approval of the Council, either within or without the corporate limits of the City, and personal property, all for park, playground or recreation purposes, by lease, purchase or condemnation and to take title to real property in the name of the Commission in trust for the public and to hold it exempt from taxation.
7. Property Disposal. To sell, exchange or lease, subject to the approval of the Council, any real property acquired by the Commission which, in the discretion of the Commission, is unfit, not desirable, unnecessary or not required for park purposes.
23.10 COMMISSION ACCOUNT. All money appropriated by the Council for the operation and maintenance of the Commission shall be set aside in an account for the Commission. Expenditures shall be made only on orders of the Commission, signed by its President and Secretary. The warrant writing officer is the Clerk.
23.11 ANNUAL REPORT. The Commission shall make an annual detailed report to the Council immediately after the close of the municipal fiscal year. This report shall set forth the conditions of the various parks, playgrounds and recreation centers under the jurisdiction of the Commission and the amounts of money expended and the purposes therefor, together with such further information as may be required by the Council.
TOWN MARSHAL
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30.01 Town Marshal Established |
30.03 Town Marshal Compensation and Duties |
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30.02 Town Marshal Qualifications |
30.04 Effecting Arrest |
30.01 TOWN MARSHAL ESTABLISHED. The Council hereby establishes the position of Town Marshal, a position which shall be appointed by the Mayor, either full-time or part-time, subject to approval by the Council at its next regular meeting.
(Code of Iowa, Sec. 372.4)
30.02 TOWN MARSHAL QUALIFICATIONS. In no case shall any person be selected or appointed as Town Marshal unless such person meets the minimum qualification standards established by the Iowa Law Enforcement Academy.
(Code of Iowa, Sec. 80B.11[2]; IAC, 501-3 and 501-8)
30.03 TOWN MARSHAL COMPENSATION AND DUTIES. The Town Marshal shall receive such compensation for the performance of such duties as shall be determined by resolution of the Council.
30.04 EFFECTING ARREST. The Town Marshal making a legal arrest may orally summon as many persons as he or she then believes to be reasonably necessary in order to make the arrest and take from the person arrested all items which are believed capable of causing bodily harm, to be disposed of according to law.
(Code of Iowa, 804.18)
FIRE DEPARTMENT AND EMS
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35.01 Establishment and Purpose |
35.08 Volunteer Firefighters |
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35.02 Fire Chief |
35.09 Volunteer First Responders |
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35.03 EMS Director |
35.10 Firefighters’ Duties |
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35.04 Fire Chief’s Duties |
35.11 EMS Personnel Duties |
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35.05 EMS Director’s Duties |
35.12 Insurance |
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35.06 Fire Department and EMS Departmental Rules |
35.13 Fires and Emergencies Outside City Limits |
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35.07 Personnel Qualifications |
35.14 Mutual Aid |
35.01 ESTABLISHMENT AND PURPOSE. A volunteer Fire Department and EMS are hereby established to prevent and extinguish fires, to protect lives and property against fires and accidents that may arise, to promote fire prevention and fire safety, and to answer all emergency calls for which there is no other established agency.
35.02 FIRE CHIEF. Subject to ratification by the Mayor, a Fire Chief shall be elected by the members of the department for a term of two (2) years or to fill a vacancy. The City Council may remove, suspend or demote the Fire Chief for neglect of duty, disobedience, misconduct or failure to properly perform the duties of Chief by written order setting out the reasons for removal, which shall be filed with the Clerk. Upon request in writing by the Chief, filed with the Clerk, a public hearing on the removal shall be held within thirty (30) days.
35.03 EMS DIRECTOR. The EMS Director shall be elected by the EMS personnel for the term of one year or to fill a vacancy. The Council may remove, suspend or demote the EMS Director for neglect of duty, disobedience, misconduct or failure to properly perform the duties of EMS Director. The removal shall be by written order, setting out the reasons for removal which shall be filed with the Clerk. Upon request in writing filed with the Clerk by the EMS Director, a public hearing on the removal shall be held within thirty (30) days.
35.04 FIRE CHIEF’S DUTIES. The Fire Chief shall command all operations of the department, and be responsible for the care, maintenance and use of all vehicles and equipment of the department. Subject to Council approval, the Chief shall maintain departmental rules to carry out the requirements of this chapter. The Chief shall provide every firefighter with a copy of the rules. New members will be appointed, discharged, and disciplined according to the Department Bylaws. The Chief shall maintain a record of the names, ages and residences of the firefighters, be responsible for their training and supervision, and shall maintain attendance records for drill meetings and fires. The Chief shall investigate the cause, origin and circumstances of each fire by which property has been destroyed or damaged or which results in bodily injury to any person. Whenever death, serious bodily injury or property damage has occurred as a result of fire, or if arson is suspected, the Fire Chief shall notify the State Fire Marshal’s division immediately. The Chief shall report other fire incidents to the State Fire Marshal in accordance with law. The Chief has the authority to enter and inspect any building or premises in the performance of duties and shall make written orders to correct any conditions that are likely to cause fire or endanger other buildings and property.
35.05 EMS DIRECTOR’S DUTIES. The EMS Director shall command all operations of the personnel, and be responsible for the care, maintenance and use of all equipment that the EMS Director and personnel use. Subject to Council approval, the EMS Director shall maintain personnel rules to carry out the requirements of this chapter. The EMS Director shall provide every First Responder with a copy of these rules. New members will be appointed, discharged, and disciplined, according to the Department Bylaws. The EMS Director shall maintain a record of the names, ages and residences of the First Responders at all times. The EMS Director shall be responsible for their training and supervision and shall maintain attendance records for drill meetings and emergencies. The EMS Director shall investigate the cause, origin and circumstances of each emergency.
35.06 FIRE DEPARTMENT AND EMS DEPARTMENTAL RULES. Rules for each department shall be formulated for the following:
1. Rules of Conduct. The conduct and activity of members of the Department during on-duty hours.
2. Equipment. The procedure, use and care of the fire trucks, fire apparatus, tools, equipment and other property used by or belonging to the Department or the City.
3. Training. The nature, time and attendance requirements for in-service training of members of the Department.
4. Emergencies. The protection and functioning of the Department as may be necessary in the event of an emergency.
5. Penalties. The penalties which may be imposed for the violation of established departmental rules by members.
6. Notice. The notice to be given any member charged with a violation of departmental rules.
7. Appeal. The appeal procedure for a member charged with a violation of the rules for a hearing thereon before the Council of the City.
35.07 PERSONNEL QUALIFICATIONS. Members of the Fire Department and EMS personnel shall be:
1. Of good moral character.
2. Examined prior to appointment and each four (4) years thereafter, by a physician to determine freedom from a physical, emotional, or mental condition which might adversely affect the performance of the applicant’s or member’s duties as a volunteer firefighter or first responder. Applicants must be at least 18 years of age.
35.08 VOLUNTEER FIREFIGHTERS. Pursuant to this chapter, the Department will furnish as many volunteer firefighters as are reasonably calculated to effectively perform the obligations undertaken by the Department under the terms of this chapter. The City shall furnish the housing for the fire trucks and equipment and the City is responsible for the insurance costs. The City shall also retain an agreement with the Township for the fire apparatus, tools, equipment and other property which may be required by the Department to carry out its fire fighting function as set forth in this chapter and the Township Agreement.
35.09 VOLUNTEER FIRST RESPONDERS. Pursuant to this chapter, the Department will furnish as many volunteer First Responders as are reasonably calculated to effectively perform the obligations undertaken by the personnel. Under the terms of this chapter, the City shall furnish the housing for the equipment and is responsible for 50% of the insurance cost. The City shall also retain an agreement with the Township for 50% of insurance cost, equipment, apparatus and other property which maybe required by the personnel to carry out their responding functions as set forth in this chapter and the Township Agreement.
35.10 FIREFIGHTERS DUTIES. When called, all firefighters shall report for duty immediately in the manner directed by the Chief. They shall be subject to call at any time. They shall obey strictly the commands of any other firefighter who has been appointed by the Chief to be in command temporarily. Firefighters shaft report to the Chief in advance if they expect to be absent from the City for extended period of time. All members of the Department shall attend and actively participate in regular and/or special training drills or programs as directed by the Chief.
35.11 EMS PERSONNEL DUTIES. When called, all EMS personnel shall report for duty immediately in the manner directed by the EMS Director. They shall be subject to call at anytime. They shall obey strictly the commands of any other First Responder who has been appointed by the EMS Director to be in command temporarily. First Responders shall report to the EMS Director in advance if they expect to be absent from the City for twelve (12) hours or more. All members of the EMS Personnel shall attend and actively participate in regular and/or special training drills and/or programs as directed by the EMS Director.
35.12 INSURANCE.
1. Worker’s Compensation and Hospitalization 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 and First Responders injured in the performance of their duties as firefighters and First Responders. All volunteer firefighters and First Responders shall be covered by the contract.
2. Liability Insurance. The Council shall contract to insure against liability of the members of the Fire Department and First Responders for injuries, death, or property damage arising out of and resulting from the performance of departmental duties.
35.13 FIRES AND EMERGENCIES OUTSIDE CITY LIMITS. Within the discretion of the Fire Chief, EMS Director or Officer In Charge (OIC) of the departments, the departments shall answer calls to fires and other emergencies outside the City limits if the Fire Chief or EMS Director determines that an emergency exists. Such response will be undertaken only when the response will not endanger persons and property within the City limits.
35.14 MUTUAL AID. The Fire Department and EMS Personnel may enter into mutual aid agreements with other legally constituted fire departments. Copies of any such agreements shall be filed with the City Clerk.
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36.01 Purpose |
36.05 Notifications |
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36.02 Definitions |
36.06 Police Authority |
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36.03 Cleanup Required |
36.07 Liability |
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36.04 Liability for Cleanup Costs |
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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 thirty (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 for all of the following:
1. The reasonable cleanup costs incurred by 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 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.
36.05 NOTIFICATIONS.
1. A person manufacturing, storing, handling, transporting, or disposing of a hazardous substance shall notify the State Department of Natural Resources and the Town Marshal of the occurrence of a hazardous condition as soon as possible but not later than six (6) hours after the onset of the hazardous condition or discovery of the hazardous condition. The Town Marshal shall immediately notify the Department of Natural Resources.
2. Any other person who discovers a hazardous condition shall notify the Town Marshal, who 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).
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40.01 Assault |
40.04 Unlawful Assembly |
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40.02 Harassment |
40.05 Failure to Disperse |
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40.03 Disorderly Conduct |
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40.01 ASSAULT. No person shall, without justification, commit any of the following:
1. Pain or Injury. Any act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act.
(Code of Iowa, Sec. 708.1 [1])
2. Threat of Pain or Injury. Any act which 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])
However, where the person doing any of the above 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 or serious injury or breach of the peace, the act is not an assault. Provided, where the person doing any of the above 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, the act is not an assault, 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 which 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 which 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 a public offense.
(Code of Iowa, Sec. 723.4 [6])
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])
40.04 UNLAWFUL ASSEMBLY. It is unlawful for three (3) 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)
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41.01 Distributing Dangerous Substances |
41.07 Antenna and Radio Wires |
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41.02 False Reports to or Communications with Public |
41.08 Barbed Wire and Electric Fences |
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Safety Entities |
41.09 Discharging Weapons |
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41.03 Refusing to Assist Officer |
41.10 Throwing and Shooting |
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41.04 Harassment of Public Officers and Employees |
41.11 Urinating and Defecating |
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41.05 Interference with Official Acts |
41.12 Fireworks |
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41.06 Abandoned or Unattended Refrigerators |
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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 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)
41.04 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)
41.05 INTERFERENCE WITH OFFICIAL ACTS. No person shall knowingly resist or obstruct anyone known by the person to be a peace officer, emergency medical care provider or fire fighter, whether paid or volunteer, in the performance of any act which is within the scope of the lawful duty or authority of that officer, emergency medical care provider or fire fighter, 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)
41.06 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)
41.07 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])
41.08 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 ten (10) acres or more and is used as agricultural land.
1. It is unlawful for a person to discharge rifles, shotguns, revolvers, pistols, guns or other firearms of any kind within the City limits except by written consent of the Council.
2. No person shall intentionally discharge a firearm in a reckless manner.
41.10 THROWING AND SHOOTING. It is unlawful for a person to throw stones, bricks or missiles of any kind or to shoot arrows, 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])
41.11 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.
41.12 FIREWORKS. The sale, use or exploding of fireworks within the City are subject to the following:
1. Definition. The term “fireworks” includes any explosive composition, or combination of explosive substances, or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, and specifically includes blank cartridges, firecrackers, torpedoes, skyrockets, roman candles, or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or other device containing any explosive substance.
(Code of Iowa, Sec. 727.2)
2. Regulations. It is unlawful for any person to offer for sale, expose for sale, sell at retail, or use or explode any fireworks; provided the City may, upon application in writing, grant a permit for the display of fireworks by a City agency, fair associations, amusement parks and other organizations or groups of individuals approved by City authorities when such fireworks display will be handled by a competent operator. 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 per person.
B. Property Damage:.......................... $50,000
C. Total Exposure:............................. $1,000,000
(Code of Iowa, Sec. 727.2)
3. Exceptions. This section does not prohibit the sale by a resident, dealer, manufacturer or jobber of such fireworks as are not prohibited; or the sale of any kind of fireworks if they are to be shipped out of State; or the sale or use of blank cartridges for a show or theatre, or for signal purposes in athletic sports or by railroads or trucks for signal purposes, or by a recognized military organization. This section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes.
(Code of Iowa, Sec. 727.2)
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42.01 Trespassing |
42.04 Unauthorized Entry |
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42.02 Criminal Mischief |
42.05 Fraud |
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42.03 Defacing Proclamations or Notices |
42.06 Theft |
42.01 TRESPASSING. It is unlawful for a person to knowingly trespass upon the property of another. As used in this section, the term “property” includes any land, dwelling, building, conveyance, vehicle or other temporary or permanent structure whether publicly or privately owned. The term “trespass” means one or more of the following acts:
(Code of Iowa Sec. 716.7 and 716.8)
1. Entering Property Without Permission. 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 there from, alter, damage, harass, or place thereon or therein anything animate or inanimate.
(Code of Iowa, Sec. 716.7 [2a])
2. Entering or Remaining on Property. Entering or remaining upon or in property without justification after being notified or requested to abstain from entering or to remove or vacate there from by 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.
(Code of Iowa, Sec. 716.7 [2b])
3. Interfering with Lawful Use of Property. Entering upon or in private property for the purpose or with the effect of unduly interfering with the lawful use of the property by others.
(Code of Iowa, Sec. 716.7 [2c])
4. Using Property Without Permission. Being upon or in property and wrongfully using, removing there from, 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.
(Code of Iowa, Sec. 716.7 [2d])
None of the above shall be construed to prohibit 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.
(Code of Iowa, Sec. 716.7(3))
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)
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43.01 Purpose |
43.04 Determining Factors |
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43.02 Controlled Substance Defined |
43.05 Possession of Drug Paraphernalia |
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43.03 Drug Paraphernalia Defined |
43.06 Manufacture, Delivery or Offering For Sale |
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 which explain or depict its use.
10. Advertising. National and local advertising concerning its use.
11. Displayed. The manner in which the object is displayed for sale.
12. Licensed Distributor or Dealer. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
13. Sales Ratios. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise.
14. Legitimate Uses. The existence and scope of legitimate uses for the object in the community.
15. Expert Testimony. Expert testimony concerning its use.
43.05 POSSESSION OF DRUG PARAPHERNALIA. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substance Act, Chapter 124 of the Code of Iowa.
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.
ALCOHOL CONSUMPTION AND INTOXICATION
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45.01 Persons Under Legal Age |
45.03 Open Containers in Motor Vehicles |
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45.02 Public Consumption or Intoxication |
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45.01 PERSONS UNDER LEGAL AGE. As used in this section, “legal age” means twenty-one (21) years of age or more.
1. A person or persons under legal age shall not purchase or attempt to purchase 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])
2. A person under legal age shall not misrepresent the person’s age for the purpose of purchasing or attempting to purchase any alcoholic beverage, wine or beer from any licensee or permittee.
(Code of Iowa, Sec. 123.49[3])
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 which 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 or simulate intoxication in a public place.
3. 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 62.07 of this Code of Ordinances.)
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46.01 Curfew |
46.03 Contributing to Delinquency |
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46.02 Cigarettes and Tobacco |
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46.01 CURFEW. A curfew applicable to minors is established and shall be enforced as follows:
1. Definition. The term “minor” means in this section, any unmarried person below the age of eighteen (18) years.
2. Time Limits. It is unlawful for any minor to be or remain upon any of the alleys, streets or public places or to be in places of business and amusement in the City between the hours of eleven o’clock (11:00) p.m. and five o’clock (5:00) a.m. of the following day.
3. Exceptions. The restriction provided by subsection 46.01(2) shall not apply to any minor who is accompanied by a guardian, parent or other person charged with the care and custody of such minor, or other responsible person over eighteen (18) years of age, nor shall the restriction apply to any minor who is traveling between his or her home or place of residence and the place where any approved employment, church, municipal or school function is being held.
4. Responsibility of Adults. It is unlawful for any parent, guardian or other person charged with the care and custody of any minor to allow or permit such minor to be in or upon any of the streets, alleys, places of business, or amusement or other public places within the curfew hours set by subsection 46.01(2), except as otherwise provided in subsection 46.01(3).
(Code of Iowa, Sec. 613.16)
5. Responsibility of Business Establishments. It is unlawful for any persons operating a place of business or amusement to allow or permit any minor to be in or upon any place of business or amusement operated by them within the curfew hours set by subsection 46.01(2) except as otherwise provided in subsection 46.01(3).
6. Enforcement. Any peace officer of the City while on duty is hereby empowered to arrest any minor who violates any of the provisions of subsections 46.01(2) and (3). Upon arrest, the minor shall be returned to the custody of the parent, guardian or other person charged with the care and custody of the minor.
46.02 CIGARETTES AND TOBACCO. It is unlawful for any person under eighteen (18) years of age to smoke, use, possess, purchase or attempt to purchase any tobacco, tobacco products or cigarettes. Possession of cigarettes or tobacco products by a person under eighteen years of age shall not constitute a violation of this section if said person possesses the cigarettes or tobacco products 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 and 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 per-son to encourage any child under eighteen (18) years of age to commit any act of delinquency.
(Code of Iowa, Sec. 709A.1)
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47.01 Purpose |
47.05 Littering |
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47.02 Parking |
47.06 Camping |
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47.03 Use of Drives Required |
47.07 Beer, Wine or Alcoholic Liquors in Parks |
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47.04 Fires |
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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 PARKING. All vehicles shall be parked in designated parking areas, and no vehicle shall be left unattended on any park drive, road or street, except in the case of an emergency.
47.03 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.
47.04 FIRES. No fires shall be built, except in a place provided therefor, and such fire shall be extinguished before leaving the area unless it is to be immediately used by some other party.
47.05 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.
47.06 CAMPING. No person shall camp in any portion of a park except in portions prescribed or designated by the Council.
47.07 BEER, WINE OR ALCOHOLIC LIQUORS IN PARKS.
1. No person shall use, possess or consume beer, wine or alcoholic liquors in any public park, including all park roads and parking areas in the parks.
2. No person shall be intoxicated or simulate intoxication in a public park.
3. The Parks and Recreation Commission shall erect signs which state in substantially the following form:
The use, possession or consumption of beer, wine or alcoholic liquors is forbidden in this park.
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50.01 Definition of Nuisance |
50.08 Request for Hearing |
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50.02 Nuisances Enumerated |
50.09 Abatement in Emergency |
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50.03 Other Conditions |
50.10 Abatement by City |
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50.04 Nuisances Prohibited |
50.11 Collection of Costs |
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50.05 Nuisance Abatement |
50.12 Installment Payment of Cost of Abatement |
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50.06 Notice to Abate: Contents |
50.13 Failure to Abate |
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50.07 Method of Service |
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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 which 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, which, 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, which 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 62.08)
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 one thousand (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 which are deemed to be nuisances:
1. Junk and Junk Vehicles (See Chapter 51)
2. Dangerous Buildings (See Chapter 145)
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 the Mayor or other authorized municipal officer finds that a nuisance exists, such officer shall cause to be served upon the property owner a written notice to abate the nuisance within a reasonable time after notice.
(Code of Iowa, Sec. 364.12[3h])
50.06 NOTICE TO ABATE: CONTENTS. The notice to abate shall contain:
(Code of Iowa, Sec. 364.12[3h])
1. Description of Nuisance. A description of what constitutes the nuisance.
2. Location of Nuisance. The location of the nuisance.
3. Acts Necessary to Abate. A statement of the act or acts necessary to abate the nuisance.
4. Reasonable Time. A reasonable time within which to complete the abatement.
5. Assessment of City Costs. A statement that if the nuisance or condition is not abated as directed and no request for hearing is made within the time prescribed, the City will abate it and assess the costs against such person.
50.07 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])
50.08 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.
50.09 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 which may be required under this chapter without prior notice. The City shall assess the costs as provided in Section 50.11 after notice to the property owner under the applicable provisions of Sections 50.05, 50.06 and 50.07 and hearing as provided in Section 50.08.
(Code of Iowa, Sec. 364.12[3h])
50.10 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])
50.11 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 (1) 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])
50.12 INSTALLMENT PAYMENT OF COST OF ABATEMENT. If the amount expended to abate the nuisance or condition exceeds one hundred dollars ($100.00), the City may permit the assessment to be paid in up to ten (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)
50.13 FAILURE TO ABATE. Any person causing or maintaining a nuisance who shall fail or refuse to abate or remove the same within the reasonable time required and specified in the notice to abate is in violation of this Code of Ordinances.
EDITOR’S NOTE
A suggested form of notice for the abatement of nuisances is included in the appendix of this Code of Ordinances.
Caution is urged in the use of this administrative abatement procedure, particularly where cost of abatement is more than minimal or where there is doubt as to whether or not a nuisance does in fact exist. If compliance is not secured following notice and hearings, we recommend you review the situation with your attorney before proceeding with abatement and assessment of costs. Your attorney may recommend proceedings in court under Chapter 657 of the Code of Iowa rather than this procedure.
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51.01 Definitions |
51.04 Exceptions |
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51.02 Junk and Junk Vehicles Prohibited |
51.05 Notice to Abate |
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51.03 Junk and Junk Vehicles a Nuisance |
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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 which has any of the following characteristics:
A. Broken Glass. Any vehicle with a broken or cracked windshield, window, headlight or tail light, or any other cracked or broken glass.
B. Broken, Loose or Missing Part. Any vehicle with a broken, loose or missing fender, door, bumper, hood, steering wheel or trunk lid.
C. Habitat for Nuisance Animals or Insects. Any vehicle which has become the habitat for rats, mice, or snakes, or any other vermin or insects.
D. Flammable Fuel. Any vehicle which contains gasoline or any other flammable fuel.
E. Inoperable. Any motor vehicle which lacks an engine or two or more wheels or other structural parts, rendering said motor vehicle totally inoperable, or which cannot be moved under its own power or has not been used as an operating vehicle for a period of thirty (30) days or more.
F. Defective or Obsolete Condition. Any other vehicle which, 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.
3. “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, excepting 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 any junk or a junk vehicle stored within a garage or other enclosed structure.
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 (5) days initiate abatement procedures as outlined in Chapter 50 of this Code of Ordinances.
(Code of Iowa, Sec. 364.12[3a])
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55.01 Definitions |
55.08 Annoyance or Disturbance |
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55.02 Animal Neglect |
55.09 Releasing Dogs |
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55.03 Livestock Neglect |
55.10 Rabies Vaccination |
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55.04 Abandonment of Cats and Dogs |
55.11 Owner’s Duty |
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55.05 Livestock |
55.12 Confinement |
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55.06 At Large Prohibited |
55.13 At Large: Impoundment |
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55.07 Damage or Interference |
55.14 Disposition of Animals |
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55.15 Pet Awards Prohibited |
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)
3. “At large” means off the premises of the owner, but a dog is not deemed at large if:
A. It is on a leash or chain not more than six (6) feet in length and of sufficient strength to restrain the dog and the leash or chain is held by a person capable and competent to restrain and control the dog; or
B. It is restrained within a motor vehicle, or
C. It is “at heel” with a person capable and competent to control the dog and keep it “at heel” (except for vicious dogs).
4. “Business” means any enterprise relating to any of the following:
A. The sale or offer for sale of goods or services.
B. A recruitment for employment or membership in an organization.
C. A solicitation to make an investment.
D. An amusement or entertainment activity.
5. “Dog” means both male and female animals of the canine species.
6. “Fair” means any of the following:
A. 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.
B. An exhibition of agricultural or manufactured products.
C. An event for operation of amusement rides or devices or concession booths.
7. “Game” means a “game of chance” or “game of skill” as defined in Section 99B.1 of the Code of Iowa.
8. “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)
9. “Owner” means any person owning, keeping, sheltering or harboring an animal.
10. “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 which 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 which 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 a dog 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 or persons by frequent and habitual howling, yelping, barking, or otherwise; or, by running after or chasing persons, bicycles, automobiles or other vehicles.
55.09 RELEASING DOGS. No person, except the owner of a dog or an authorized agent, shall willfully open any door or gate on any private premises or unleash any dog for the purpose of enticing or enabling a dog to leave such private premises and be at large.
55.10 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 kennels and not allowed to run at large are not subject to these vaccination requirements.
(Code of Iowa, Sec. 351.33)
55.11 OWNER’S DUTY. It is the duty of the owner of any dog, cat or other animal which 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)
55.12 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 ten (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)
55.13 AT LARGE: IMPOUNDMENT. Dogs 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. The City may contract with an incorporated Society For the Prevention of Cruelty to Animals for the use of the Society’s pound and for the humane destruction of animals. The owner of an impounded dog may redeem the dog from the Society by paying the costs and charges incurred by the City to the Society for the impounding and maintenance of the dog, plus a $25.00 charge to be collected by the Society and remitted to the City.
55.14 DISPOSITION OF ANIMALS. When an animal has been apprehended and impounded, written notice shall be provided to the owner within two (2) 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 (7) days, the animal shall be disposed of in accordance with law or destroyed by euthanasia.
(Code of Iowa, Sec. 351.37, 351.41)
55.15 PET AWARDS PROHIBITED.
(Code of Iowa, Ch. 717.E)
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 event.
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 which 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.
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56.01 Definition |
56.03 Seizure, Impoundment and Disposition |
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56.02 Confinement of Vicious Dogs |
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56.01 DEFINITION. For the purpose of this chapter, a “vicious dog” means:
1. A dog which has attacked a human being or domestic animal one or more times, without provocation; or
2. Any dog with a history, tendency or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or
3. Any dog that snaps, bites or manifests a disposition to snap or bite; or
4. Any dog that has been trained for dog fighting, animal fighting or animal baiting or is owned or kept for such purposes; or
5. Any dog trained to attack human beings, upon command or spontaneously in response to human activities except dogs owned by and under the control of the police department, a law enforcement agency of the State or the United States or a branch of the armed forces of the United States; or
6. Any dog of that breed known variously as:
A. The Bull Terrier breed of dog;
B. The Staffordshire Bull Terrier breed of dog;
C. The American Pit Bull Terrier breed of dog;
D. The American Staffordshire Terrier breed of dog;
E. Dogs of mixed breed or of other breeds than above listed which breed or mixed breed is known as pit bulls, pit bull dogs or pit bull terriers; or
F. Any dog which has the appearance and characteristics of being predominately of the breeds of Bull Terrier, Staffordshire Bull 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.
56.02 CONFINEMENT OF VICIOUS DOGS. All vicious dogs shall be securely confined within an occupied house or residence or in a securely enclosed and locked pen or kennel, or restrained within a motor vehicle, except when leashed as provided in Section 55.01. Such pen, kennel or structure must have secure sides and a secure top attached to the sides or in lieu of a top, walls at least six (6) feet in height and at least six (6) feet taller than any internal structure. All pens or other structures designed, constructed or used to confine vicious dogs must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom, floor or foundation attached to the sides of the pen, or the sides of the pen must be embedded in the ground no less than two (2) feet to prevent digging under the walls by the confined dog. All structures erected to house vicious dogs much comply with all zoning and building regulations of the City. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition. No vicious dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. Such dogs may not be leashed to inanimate objects such as trees, posts, buildings or any other object or structure.
56.03 SEIZURE, IMPOUNDMENT AND DISPOSITION. Unconfined vicious dogs shall be seized and impounded in accordance with the following:
1. The Mayor, in his or her discretion or upon receipt of a complaint alleging that a particular dog is a vicious dog, may initiate proceedings to declare such dog as a vicious dog. If the owner contests said designation, a hearing on the matter shall be conducted by the Mayor. The person owning, keeping, sheltering or harboring the dog in question shall be given not less than seventy-two (72) hours’ written notice of the time and place of said hearing. Said notice shall set forth the description of the dog in question and the basis for the allegation of viciousness. The notice shall also advise the owner that if the animal is determined to be vicious, the owner may be required to confine the dog as required by this chapter. The notice shall be served upon any adult residing at the premises where the animal is located or may be posted on those premises if no adult is present to accept service.
2. If after a hearing, the Mayor determines that a dog is vicious, the Mayor shall order the person owning sheltering, harboring or keeping the animal to confine the dog as required by this chapter or remove it from the City. The order shall immediately be served upon the person against whom issued in the same manner as the notice of hearing. If the order is not complied with within three (3) days of its issuance, the Mayor is authorized to seize and impound the dog. A dog so seized shall be impounded for a period of seven (7) days. If at the end of the impoundment period, the person against whom the order of the Mayor was issued has not appealed such order to the Council or has not complied with the order, the Mayor shall cause the dog to be destroyed.
3. The order to confine or remove a vicious dog from the City issued by the Mayor may be appealed to the Council. In order to appeal such order, written notice of appeal must be filed with the Clerk within three (3) days after receipt of the order. Failure to file such written notice of appeal shall constitute a waiver of right to appeal the order of the Mayor.
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 twenty (20) days of the receipt of 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. Such determination shall be contained in a written decision and shall be filed with the Clerk within three (3) days after the hearing or any continued session thereof. The hearing shall be confined to the record made before the Mayor, the arguments of the parties or their representatives, any additional evidence which was not available at the time of the hearing before the Mayor, and any other information the Council deems necessary.
5. If the Council affirms the action of the Mayor, the Council shall order in its written decision that the person owning, sheltering, harboring or keeping such vicious dog shall confine the dog as required by this chapter or remove it from the City. The decision and order shall immediately be served upon the person or entity against whom rendered in the same manner as the notice set out in subsection 1 of this section. If the original order of the Mayor is not appealed and is not complied with within three (3) days or the order of the Council after appeal is not complied with within three (3) days of its issuance, the Town Marshal is authorized to seize and impound such vicious dog. A dog so seized shall be impounded for a period of seven (7) days. If at the end of the impoundment period, the person against whom the decision and order of the Mayor or the Council was issued has not petitioned the District Court for a review of the order or has not complied with the order, the Mayor shall cause the dog to be destroyed in a humane manner.
6. Any dog which is alleged to be vicious and which is under impoundment or quarantine at the animal shelter shall not be released to the owner, but shall continue to be held at the expense of the owner pending the outcome of the hearing. All costs of such impoundment or quarantine shall be paid by the owner if the dog is determined to be vicious. If the dog is not determined to be vicious, all costs shall be paid by the City except costs attributable to initial confinement prior to notice or costs of any required quarantine which shall nonetheless be paid by the owner.
ADMINISTRATION OF TRAFFIC CODE
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60.01 Title |
60.05 Traffic Accidents: Reports |
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60.02 Definitions |
60.06 Peace Officer’s Authority |
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60.03 Administration and Enforcement |
60.07 Obedience to Peace Officers |
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60.04 Power to Direct Traffic |
60.08 Parades Regulated |
60.01 TITLE. Chapters 60 through 70 of this Code of Ordinances may be known and cited as the “Le Grand 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 a highway when fifty percent (50%) or more of the frontage thereon for a distance of three hundred (300) feet or more is occupied by buildings in use for business.
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 forty percent (40%) or more of the frontage on such a highway for a distance of three hundred (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 two hundred (200) feet in either direction from a school house.
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 Town Marshal.
(Code of Iowa, Sec. 372.13 [4])
60.04 POWER TO DIRECT TRAFFIC. A peace officer, and, 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])
60.05 TRAFFIC ACCIDENTS: REPORTS. 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 & 321.274)
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. “Parade” Defined. “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. Permit Required. No parade shall be conducted without first obtaining a written permit from the Mayor or Town Marshal. Such permit shall state the time and date for the parade to be held and the streets or general route therefor. Such written permit granted to the person organizing or sponsoring the parade shall be permission for all participants therein to parade when such participants have been invited by the permittee to participate therein. No fee shall be required for such permit.
3. Parade Not A Street Obstruction. Any parade for which a permit has been issued as herein required, 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 Fire Fighters. 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.
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61.01 Installation |
61.04 Standards |
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61.02 Crosswalks |
61.05 Compliance |
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61.03 Traffic Lanes |
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61.01 INSTALLATION. The Town Marshal 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 Town Marshal shall keep a record of all such traffic control devices.
(Code of Iowa, Sec. 321.255)
61.02 CROSSWALKS. The Town Marshal 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 Town Marshal is hereby authorized to mark lanes for traffic on street pavements at such places as traffic conditions require, consistent with the traffic code of the City. Where such traffic lanes have been marked, it shall be 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)
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62.01 Violation of Regulations |
62.08 Obstructing View at Intersections |
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62.02 Play Streets Designated |
62.09 Reckless Driving |
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62.03 Vehicles on Sidewalks |
62.10 Excessive Acceleration or Deceleration |
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62.04 Clinging to Vehicle |
62.11 Careless Driving |
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62.05 Quiet Zones |
62.12 Squealing Tires |
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62.06 Tampering with Vehicle |
62.13 Semi-tractors; Prohibited Noises |
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62.07 Open Containers in Motor Vehicles |
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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.
3. Section 321.37 – Display of plates.
4. Section 321.38 – Plates, method of attaching, imitations prohibited.
5. Section 321.79 – Intent to injure.
6. Section 321.91 – Penalty for abandonment.
7. Section 321.98 – Operation without registration.
8. Section 321.99 – Fraudulent use of registration.
9. Section 321.174 – Operators licensed.
10. Section 321.174A – Operation of motor vehicles with expired license.
11. Section 321.180 – Instruction permits.
12. Section 321.180B – Graduated driver’s licenses for persons aged fourteen through seventeen.
13. Section 321.193 – Restricted licenses.
14. Section 321.194 – Special minor’s licenses.
15. Section 321.216 – Unlawful use of license and nonoperator’s identification card.
16. Section 321.216B – Use of driver’s license or nonoperator’s identification card by underage person to obtain alcohol.
17. Section 321.216C – Use of driver’s license or nonoperator’s identification card by underage person to obtain cigarettes or tobacco products.
18. Section 321.219 – Permitting unauthorized minor to drive.
19. Section 321.220 – Permitting unauthorized person to drive.
20. Section 321.221 – Employing unlicensed chauffeur.
21. Section 321.222 – Renting motor vehicle to another.
22. Section 321.223 – License inspected.
23. Section 321.224 – Record kept.
24. Section 321.232 – Radar jamming devices; penalty.
25. Section 321.234A – All-terrain vehicles.
26. Section 321.235A – Electric personal assistive mobility devices.
27. Section 321.247 – Golf cart operation on City streets.
28. Section 321.257 – Official traffic control signal.
29. Section 321.259 – Unauthorized signs, signals or markings.
30. Section 321.260 – Interference with devices, signs or signals; unlawful possession.
31. Section 321.262 – Damage to vehicle.
32. Section 321.263 – Information and aid.
33. Section 321.264 – Striking unattended vehicle.
34. Section 321.265 – Striking fixtures upon a highway.
35. Section 321.275 – Operation of motorcycles and motorized bicycles.
36. Section 321.278 – Drag racing prohibited.
37. Section 321.288 – Control of vehicle; reduced speed.
38. Section 321.295 – Limitation on bridge or elevated structures.
39. Section 321.297 – Driving on right-hand side of roadways; exceptions.
40. Section 321.298 – Meeting and turning to right.
41. Section 321.299 – Overtaking a vehicle.
42. Section 321.302 – Overtaking and otherwise.
43. Section 321.303 – Limitations on overtaking on the left.
44. Section 321.304 – Prohibited passing.
45. Section 321.306 – Roadways laned for traffic.
46. Section 321.307 – Following too closely.
47. Section 321.308 – Motor trucks and towed vehicles; distance requirements.
48. Section 321.309 – Towing; convoys; drawbars.
49. Section 321.310 – Towing four-wheel trailers.
50. Section 321.312 – Turning on curve or crest of grade.
51. Section 321.313 – Starting parked vehicle.
52. Section 321.314 – When signal required.
53. Section 321.315 – Signal continuous.
54. Section 321.316 – Stopping.
55. Section 321.317 – Signals by hand and arm or signal device.
56. Section 321.319 – Entering intersections from different highways.
57. Section 321.320 – Left turns; yielding.
58. Section 321.321 – Entering through highways.
59. Section 321.322 – Vehicles entering stop or yield intersection.
60. Section 321.323 – Moving vehicle backward on highway.
61. Section 321.323A – Approaching certain stationary vehicles.
62. Section 321.324 – Operation on approach of emergency vehicles.
63. Section 321.324A – Funeral processions.
64. Section 321.329 – Duty of driver – pedestrians crossing or working on highways.
65. Section 321.330 – Use of crosswalks.
66. Section 321.332 – White canes restricted to blind persons.
67. Section 321.333 – Duty of drivers.
68. Section 321.340 – Driving through safety zone.
69. Section 321.341 – Obedience to signal of train.
70. Section 321.342 – Stop at certain railroad crossings; posting warning.
71. Section 321.343 – Certain vehicles must stop.
72. Section 321.344 – Heavy equipment at crossing.
73. Section 321.344B – Immediate safety threat; penalty.
74. Section 321.354 – Stopping on traveled way.
75. Section 321.359 – Moving other vehicle.
76. Section 321.362 – Unattended motor vehicle.
77. Section 321.363 – Obstruction to driver’s view.
78. Section 321.364 – Preventing contamination of food by hazardous material.
79. Section 321.365 – Coasting prohibited.
80. Section 321.367 – Following fire apparatus.
81. Section 321.368 – Crossing fire hose.
82. Section 321.369 – Putting debris on highway.
83. Section 321.370 – Removing injurious material.
84. Section 321.371 – Clearing up wrecks.
85. Section 321.372 – School buses.
86. Section 321.381 – Movement of unsafe or improperly equipped vehicles.
87. Section 321.381A – Operation of low-speed vehicles.
88. Section 321.382 – Upgrade pulls; minimum speed.
89. Section 321.383 – Exceptions; slow vehicles identified.
90. Section 321.384 – When lighted lamps required.
91. Section 321.385 – Head lamps on motor vehicles.
92. Section 321.386 – Head lamps on motorcycles and motorized bicycles.
93. Section 321.387 – Rear lamps.
94. Section 321.388 – Illuminating plates.
95. Section 321.389 – Reflector requirement.
96. Section 321.390 – Reflector requirements.
97. Section 321.392 – Clearance and identification lights.
98. Section 321.393 – Color and mounting.
99. Section 321.394 – Lamp or flag on projecting load.
100. Section 321.395 – Lamps on parked vehicles.
101. Section 321.398 – Lamps on other vehicles and equipment.
102. Section 321.402 – Spot lamps.
103. Section 321.403 – Auxiliary driving lamps.
104. Section 321.404 – Signal lamps and signal devices.
105. Section 321.404A – Light-restricting devices prohibited.
106. Section 321.405 – Self-illumination.
107. Section 321.406 – Cowl lamps.
108. Section 321.408 – Back-up lamps.
109. Section 321.409 – Mandatory lighting equipment.
110. Section 321.415 – Required usage of lighting devices.
111. Section 321.417 – Single-beam road-lighting equipment.
112. Section 321.418 – Alternate road-lighting equipment.
113. Section 321.419 – Number of driving lamps required or permitted.
114. Section 321.420 – Number of lamps lighted.
115. Section 321.421 – Special restrictions on lamps.
116. Section 321.422 – Red light in front.
117. Section 321.423 – Flashing lights.
118. Section 321.430 – Brake, hitch and control requirements.
119. Section 321.431 – Performance ability.
120. Section 321.432 – Horns and warning devices.
121. Section 321.433 – Sirens, whistles and bells prohibited.
122. Section 321.434 – Bicycle sirens or whistles.
123. Section 321.436 – Mufflers, prevention of noise.
124. Section 321.437 – Mirrors.
125. Section 321.438 – Windshields and windows.
126. Section 321.439 – Windshield wipers.
127. Section 321.440 – Restrictions as to tire equipment.
128. Section 321.441 – Metal tires prohibited.
129. Section 321.442 – Projections on wheels.
130. Section 321.444 – Safety glass.
131. Section 321.445 – Safety belts and safety harnesses; use required.
132. Section 321.446 – Child restraint devices.
133. Section 321.449 – Motor carrier safety regulations.
134. Section 321.450 – Hazardous materials transportation.
135. Section 321.454 – Width of vehicles.
136. Section 321.455 – Projecting loads on passenger vehicles.
137. Section 321.456 – Height of vehicles; permits.
138. Section 321.457 – Maximum length.
139. Section 321.458 – Loading beyond front.
140. Section 321.460 – Spilling loads on highways.
141. Section 321.461 – Trailers and towed vehicles.
142. Section 321.462 – Drawbars and safety chains.
143. Section 321.463 – Maximum gross weight.
144. Section 321.465 – Weighing vehicles and removal of excess.
145. Section 321.466 – Increased loading capacity; reregistration.
62.02 PLAY STREETS DESIGNATED. The Town Marshal 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 TAMPERING WITH VEHICLE. It is unlawful for any person, either individually or in association with one or more other persons, to willfully injure or tamper with any vehicle or break or remove any part or parts of or from a vehicle without the consent of the owner.
62.07 OPEN CONTAINERS IN MOTOR VEHICLES.
1. Drivers. A driver of a motor vehicle upon a public street or highway shall not possess in the passenger area of the motor vehicle an open or unsealed bottle, can, jar, or other receptacle containing an alcoholic beverage.
(Code of Iowa, Sec. 321.284)
2. Passengers. A passenger in a motor vehicle upon a public street or highway shall not possess in the passenger area of the motor vehicle an open or unsealed bottle, can, jar or other receptacle containing an alcoholic beverage.
(Code of Iowa, Sec. 321.284A)
As used in this section “passenger area” means the area of a motor vehicle designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including the glove compartment. An open or unsealed receptacle containing an alcoholic beverage may be transported in the trunk of the motor vehicle. An unsealed receptacle containing an alcoholic beverage may be transported behind the last upright seat of the motor vehicle if the motor vehicle does not have a trunk.
62.08 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.
62.09 RECKLESS DRIVING. No person shall drive any vehicle in such manner as to indicate a willful or a wanton disregard for the safety of persons or property.
(Code of Iowa, Sec. 321.277)
62.10 EXCESSIVE ACCELERATION AND DECELERATION. It is unlawful for any person in the operation of a motor vehicle, including motorcycles, to so accelerate or decelerate such vehicle as to cause audible noise by the friction of the tires on any surface, or to cause the tires of the vehicle to leave marks caused by the acceleration or deceleration on any surface, or to cause the wheel of a motorcycle to leave the ground more than two (2) inches, except when such acceleration or deceleration is reasonably necessary to avoid a collision.
62.11 CARELESS DRIVING. No person shall intentionally operate a motor vehicle on a street or highway in any one of the following ways:
(Code of Iowa, Sec. 321.277A)
1. Creating or causing unnecessary tire squealing, skidding or sliding upon acceleration or stopping.
2. Simulating a temporary race.
3. Causing any wheel or wheels to unnecessarily lose contact with the ground.
4. Causing the vehicle to unnecessarily turn abruptly or sway.
62.12 SQUEALING TIRES. No person shall drive any vehicle in such a manner as to cause the repeated or prolonged squealing of tires through too rapid acceleration or too high speed on turning of such vehicle.
62.13 SEMI-TRACTORS; PROHIBITED NOISES. It is unlawful for any person within the City to make or cause to be made loud or disturbing noises with any mechanical devices operated by compressed air and used for the purposes of assisting braking on any semi-tractor.
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63.01 General |
63.04 Special Speed Restrictions |
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63.02 State Code Speed Limits |
63.05 Minimum Speed |
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63.03 Parks, Cemeteries and Parking Lots |
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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 – twenty (20) miles per hour.
2. Residence or School District – twenty-five (25) miles per hour.
3. Suburban District – forty-five (45) miles per hour.
63.03 PARKS, CEMETERIES AND PARKING LOTS. A speed in excess of fifteen (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 RESTRICTIONS. In accordance with requirements of the Iowa State 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 30 MPH Speed Zones. A speed in excess of thirty (30) miles per hour is unlawful on any of the following designated streets or parts thereof.
A. Main Street (U.S. No. 30) from Iowa Highway No. 146 to DOT Station 48+00.
2. Special 40 MPH Speed Zones. A speed in excess of forty (40) miles per hour is unlawful on any of the following designated streets or parts thereof.
A. Beane Street from Main Street (U.S. No. 30) to the north corporate line.
3. Special 45 MPH Speed Zones. A speed in excess of forty-five (45) miles per hour is unlawful on any of the following designated streets or parts thereof.
A. Main Street (U.S. No. 30) from 200 feet west of the railroad bridge to the junction with Iowa Highway No. 146;
B. Main Street (U.S. No. 30) from DOT Station 48+00 to DOT Station 57+00.
4. Special Speed Zones. A speed in excess of Iowa Department of Transportation current standards as posted is unlawful on any of the following designated streets or parts thereof.
A. U.S. No. 30 By-pass from the east corporate line to the west corporate line of the City.
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)
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64.01 Turning at Intersections |
64.02 U-turns |
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 Town Marshal 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.
(Code of Iowa, Sec. 321.236[9])
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65.01 Through Streets – Stop |
65.06 School Stops |
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65.02 Special Stops Required |
65.07 Stop Before Crossing Sidewalk |
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65.03 Three-way Stop Intersections |
65.08 Stop When Traffic Is Obstructed |
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65.04 Four-way Stop Intersections |
65.09 Yield to Pedestrians in Crosswalks |
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65.05 Special Yield Required |
65.10 Official Traffic Controls |
65.01 THROUGH STREETS - STOP. 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)
1. South Webster Street from the south City limits to Main Street;
2. North Webster Street from Main Street to the north City limits;
3. Beane Street from the south City limits to Main Street;
4. Beane Street from the north City limits to Main Street;
5. Main Street from the west City limits to the east City limits.
65.02 SPECIAL STOPS REQUIRED. Every driver of a vehicle shall stop in accordance with the following:
(Code of Iowa, Sec. 321.345)
1. Depot Street. Vehicles traveling north on Depot Street shall stop at Dawn Street;
2. Vine Street. Vehicles traveling north on Vine Street shall stop at Clinton Street;
3. Jeffrey Street. Vehicles traveling north on Jeffrey Street shall stop at Benton Street;
4. Sheri Street. Vehicles traveling north on Sheri Street shall stop at Julian Street;
5. Vine Street. Vehicles traveling south on Vine Street shall stop at Clinton Street;
6. Vine Street. Vehicles traveling south on Vine Street shall stop at Julian Street;
7. Franklin Street. Vehicles traveling south on Franklin Street shall stop at Julian Street;
8. Grandview Drive. Vehicles traveling south on Grandview Drive shall stop at Willow Lane;
9. Willow Lane. Vehicles traveling west on Willow Lane shall stop at Grandview Drive;
10. Benton Street. Vehicles traveling west on Benton Street shall stop at Franklin Street;
11. Fremont Street. Vehicles traveling west on Fremont Street shall stop at Vine Street;
12. Clinton Street. Vehicles traveling west on Clinton Street shall stop at Jeffrey Street;
13. Clinton Street. Vehicles traveling west on Clinton Street shall stop at Franklin Street;
14. Dawn Street. Vehicles traveling west on Dawn Street shall stop at Jeffrey Street;
15. Fremont Street. Vehicles traveling east on Fremont Street shall stop at Vine Street;
16. Clinton Street. Vehicles traveling east on Clinton Street shall stop at Jeffrey Street;
17. Clinton Street. Vehicles traveling east on Clinton Street shall stop at Prairie Street;
18. Julian Street. Vehicles traveling east on Julian Street shall stop at Prairie Street;
19. Julian Street. Vehicles traveling on Julian Street shall stop at Jeffrey Street.
65.03 THREE-WAY STOP INTERSECTIONS. Every driver of a vehicle shall stop before entering the following designated three-way stop intersections:
(Code of Iowa, Sec. 321.345)
1. Franklin Street and Fremont Street. Vehicles approaching the intersection of Franklin Street and Fremont Street from the north, south and east shall stop before entering such intersection.
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. Intersection of College Avenue and Drury Lane;
2. Intersection of Prairie Street and College Avenue;
3. Intersection of Jeffrey Street and Fremont Street.
65.04 SPECIAL YIELD REQUIRED. Every driver of a vehicle shall yield in accordance with the following:
(Code of Iowa, Sec. 321.345)
— NONE —
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 ten (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. Intersection of Fremont Street at Franklin Street.
65.06 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)
65.07 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.
65.08 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)
65.09 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 Main Street and Franklin Street.
2. Intersection of Main Street (Highway 30) and Zeller Avenue (Highway 146).
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66.01 Temporary Embargo |
66.04 Load Limits on Bridges |
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66.02 Permits for Excess Size and Weight |
66.05 Truck Route |
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66.03 Load Limits Upon Certain Streets |
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66.01 TEMPORARY EMBARGO. If the Council 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 Town Marshal may, upon application and good cause being shown therefor, 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.1)
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)
— NONE —
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 Town Marshal 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, and no person shall drive a vehicle weighing, loaded or unloaded, upon said bridge in excess of such posted limit.
(Code of Iowa, Sec. 321.473)
66.05 TRUCK ROUTE. Truck route regulations are established as follows:
1. Truck Routes Designated. Every motor vehicle weighing ten (10) 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)
A. Main Street, from the west City limits to the east City limits;
B. Beane Street, from the north City limits to the south City limits;
C. Webster Street, from Main Street to the south City limits.
2. Deliveries Off Truck Route. Any motor vehicle weighing ten (10) 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)
3. 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)
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67.01 Walking in Street |
67.03 Pedestrian Crossing |
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67.02 Hitchhiking |
67.04 Use Sidewalks |
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67.05 School Crossings |
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)
67.04 USE SIDEWALKS. Where sidewalks are provided it is unlawful for any pedestrian to walk along and upon an adjacent street.
67.05 SCHOOL CROSSINGS. School crossings shall be established and marked by a crosswalk four (4) feet wide at the following locations:
1. Across Main Street as an extension of the sidewalk which runs north and south along the east side of Franklin Street;
2. Across Franklin Street as an extension of the sidewalk which runs east and west along the north side of Main Street;
3. Across Franklin Street as an extension of the sidewalk which runs east and west along the south side of Fremont Street.
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])
— NONE —
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69.01 Park Adjacent to Curb |
69.07 Persons With Disabilities Parking |
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69.02 Park Adjacent to Curb - One-way Street |
69.08 No Parking Zones |
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69.03 Angle Parking |
69.09 No Parking 8:00 a.m. to 4:00 p.m. |
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69.04 Angle Parking - Manner |
69.10 All Night Parking Prohibited |
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69.05 Parking for Certain Purposes Illegal |
69.11 Truck Parking Limited |
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69.06 Parking Prohibited |
69.12 Snow Emergency |
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 eighteen (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 PARK ADJACENT TO CURB - ONE-WAY STREET. 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 eighteen (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. Franklin Street, on both sides, from Main Street to Fremont Street;
2. Vine Street, on both sides, from Fremont Street to Benton Street.
69.04 ANGLE PARKING - MANNER. Upon those streets or portions of streets which have been signed or marked for angle parking, no person shall park or stand a vehicle other than at an angle to the curb or edge of the roadway or in the center of the roadway as indicated by such signs and markings. No part of any vehicle, or the load thereon, when parked within a diagonal parking district, shall extend into the roadway more than a distance of sixteen (16) feet when measured at right angles to the adjacent curb or edge of roadway.
(Code of Iowa, Sec. 321.361)
69.05 PARKING FOR CERTAIN PURPOSES ILLEGAL. No person shall park a vehicle upon public property for more than seventy-two (72) hours unless otherwise limited under the provisions of this chapter, or for any of the following principal purposes:
(Code of Iowa, Sec. 321.236 [1])
1. Sale. Displaying such vehicle for sale;
2. Repairing. For lubricating, repairing or for commercial washing of such vehicle except such repairs as are necessitated by an emergency;
3. Advertising. Displaying advertising;
4. Merchandise Sales. Selling merchandise from such vehicle except in a duly established market place or when so authorized or licensed under this Code of Ordinances.
69.06 PARKING PROHIBITED. No one shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or traffic control device, in any of the following places:
1. Crosswalk. On a crosswalk.
(Code of Iowa, Sec. 321.358 [5])
2. Center Parkway. On the center parkway or dividing area of any divided street.
(Code of Iowa, Sec. 321.236 [1])
3. Mailboxes. Within twenty (20) feet on either side of a mailbox which is so placed and so equipped as to permit the depositing of mail from vehicles on the roadway.
(Code of Iowa, Sec. 321.236 [1])
4. Sidewalks. On or across a sidewalk.
(Code of Iowa, Sec. 321.358 [1])
5. Driveway. In front of a public or private driveway.
(Code of Iowa, Sec. 321.358 [2])
6. Intersection. Within an intersection or within ten (10) feet of an intersection of any street or alley.
(Code of Iowa, Sec. 321.358 [3])
7. Fire Hydrant. Within five (5) feet of a fire hydrant.
(Code of Iowa, Sec. 321.358 [4])
8. Stop Sign or Signal. Within ten (10) feet upon the approach to any flashing beacon, stop or yield sign, or traffic control signal located at the side of a roadway.
(Code of Iowa, Sec. 321.358 [6])
9. Railroad Crossing. Within fifty (50) feet of the nearest rail of a railroad crossing, except when parked parallel with such rail and not exhibiting a red light.
(Code of Iowa, Sec. 321.358 [8])
10. Fire Station. Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance when properly sign posted.
(Code of Iowa, Sec. 321.358 [9])
11. Excavations. Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic.
(Code of Iowa, Sec. 321.358 [10])
12. Double Parking. On the roadway side of any vehicle stopped or parked at the edge or curb of a street.
(Code of Iowa, Sec. 321.358 [11])
13. Hazardous Locations.