The URL can be used to link to this page

Home My WebLink About1979-05-22 ResolutionI RESOLUTION NO. 79-215 RESOLUTION OF APPROVAL OF CLASS "C" BEERERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Pester Derby Oil Co. dba Pester Derby, 606 S. Riverside Dr. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together With the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded b that the Resolution as read be adopted, and upon by ucah�llsthe=e were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x N.-.,Ihauser x I Perret x Roberts x Vevera x Passed and approved this 22nd day of Ma Y 19 79 Attest: _� & City Clerk mayor MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIMES I oo9 RESOLUTION NO. 79-216 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Pester Derby Oil Co. dba Pester Derby, 606 S. Riverside Dr. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 22nd day of 19 79 . Attest: OL' City Clerk Mayor MICROFILMED BY JORM MICROLAB CEDAR. RAPIDS -DES MOINES May , /0/0 RESOLUTION NO. 79-217 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLiCnTo BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Claes C Liquor Control License application is hereby approve or the following named person or persons at the following described location: George Robert Dane dba The Nickelodeon, 208 North Linn St. Said approval shall be subject o any conditions or re- strictions hereafter imposed by ordinance or State law. ,The City to heendorsed 0upon the lapplicationeand forwardnthersaapp meroval together with the license fee, certificate of financial responsibilitysurety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department, It was moved by Balmer and seconded by Neuhauser that the Resolution as res a adopted, and upon ro ca there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts vevera x Passed and approved this 22nd day ^of May lg 79 Mayor Attest: / City Clerk FIICROFILMEB BY JORM MICROLAB CEDAR RAPT DS -DES MOINES RESOLUTION NO. 79-218 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTn'ff A BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approvro—for the following named person or persons at the following described location: Boulevard Room, Ltd. dba That Bar/That Deli, 325 E. Market St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as rete adopted, and upon z51T caiT there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x _ Perret x Roberts x yeyera x Passed and approved this 22nd day of May 19 79 Attest: Com' City Clerk Mayor MICROFILMED BY JORM MICROLAB CCOAR RAPIDS -DES 110111ES 101 RESOLUTION NO. 79-219 RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, j that a Class C Liquor Sunday Permit application is hereby approved for the following named person or persons at the following described location: Boulevard Room, Ltd. dba That Bar/That Deli, 325 E. Market St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: Balmer AYES: NAYS: ABSENT: x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x 19 79 Passed and approved this 22nd day of May Mayor Attest: City Clerk /o13 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES RESOLUTION N0, 79-220 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLICX= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Claes Liquor Control License application is hereby approve or the following named person or persons at the following described location: John Kane and Tim Kane dba Kanes' Depot, 114 Wright St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law, The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as rea a adopted, and upon riI call there were: Passed and approved this 22nd day of __Mev 19 79 Mayor Attest: City Clerk d logy. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•OE.S IIOItIES AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 22nd day of __Mev 19 79 Mayor Attest: City Clerk d logy. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•OE.S IIOItIES RESOLUTION NO. 79-221 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit, to wit: Boulevard Room, Ltd. dba/ That Deli/That Bar, 325 E. Market St. It was moved by Balmer and seconded by Neuhauser that the Resolution as read e adopted, and upon rol ca t ere were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 22nd day of May 197 9 . Attest:-,/�-�� City Clerk J Mayor ID/G� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Jy RESOLUTION NO. 79-222 RESOLUTION DIRECTING CITY CLERK TO READVERTISE NOTICE TO BIDDERS, FIXING TIME AND PLACE FOR RECEIPT OF BIDS, AND ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID FOR THE CONSTRUCTION OF THE SERVICE BUILDING ROOF REPAIR PROJECT, PHASE 2 WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held, and WHEREAS, the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project were approved by City Council by Resolution N79-144 on April 3, 1979, and WHEREAS, no bids were received on April 18, 1979, and staff would like to readvertise for bids. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of $1,200.00 payable to the Treasurer, City of Iowa City, Iowa. 3. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 A.M. on the 5th day of June, 1979. Thereafter, the bids will be opened by the City Engineer, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 12th day of June, 1979. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and /Japproved this 22nd day of ATTEST: r1�C�_� ', ABBIE STOLFUS, Ll LT CLERK May J 1979. ROBERT A. VEVERA, MAYOR Rerrivod & Approvad B Logan op-jrt nont 71 .. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES RESOLUTION NO. 79-223 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF RIVER CORRIDOR SEWER PROJECT ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of coat for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 5% of bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bide for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bide. 4. That bide for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 2:00 P.M. on the 28th day of June , 19D . Thereafter, the bide will be opened by the City Engineer , and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 3rd day of July , 1979 Received A Approved wegalInr mit /033 hIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES !1DItIE5 1 Page 2 Resolution No, 79_P23 It was moved by Perret and seconded by the Resolution as rea e aopte and upon roll c—Balmher that ere t re w: AYES:. NAYS: ABSENT: x BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 22nd day of May , 1979 , MAYOR ATTEST: CITY CL i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES ROIIIES til RESOLUTION NO. 79-224 RESOLUTION ESTABLISHING JUST COMPENSATION FOR ACQUISITION OF RIGHT-OF-WAY WHEREAS, the City of Iowa City, hereinafter called the City, has entered into an agreement with the Iowa Department of Transportation, Highway Division, hereinafter called the State, for the implementation of a Federal -Aid Urban System, FAUS, project known as Project Number Di -4051(2)-8-52 (the State has established Policy 820.Oa to effectively administer the FAUS program in Iowa); and, WHEREAS, in order to accomplish the goals and objectives of that FAUS project and in furtherance of the public welfare, the City deems it necessary and in the public interest to acquire the property described below, either by purchase or by the exercise of the powers of eminent domain; and, WHEREAS, the City has received appraisals, staff reports and recommendations concerning the Just Compensation for certain property contained therein, and has reviewed the appraisals, and reports, and being familiar with the property identified below, desires to establish the Just Compensation for said property for the purposes of acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the prices and amounts opposite each parcel of land, and all interests therein, including improvements, buildings, and fixtures, identified below, is hereby declared to be the Just Compensation for the purpose of acquisition of each said parcel and all other interests. The Staff of the City is hereby authorized to begin negotiations for the purchase of said property and the Mayor and City Clerk are authorized to contract for the Purchase of said property. In the event negotiations for purchase are unsuccessful, the City staff is hereby authorized to institute condemnation proceedings for the acquisition of said property. This resolution certifies that the work of the appraisers and the review appraiser with respect to each property has been performed in a competent manner in accordance with applicable State and Federal laws and regulations. Real Estate Interest Parcel Owner Just Compensation I Braverman Development Co. $ 20,700 2 Paul M. Kennedy and Mary F. Kennedy 20,800 4 Patricia W. Wade; Ron Wade, Tenant; Iowa Glass Depot, Inc., Tenant; Robert Gibson, Tenant 167,900 8 Southgate Development Co.; Food (lost U.S.A., Inc., Lessee; Country Investments, Assignee; Wake -O -Iowa, a partnership consisting of Gary L. Wakefield and Bruce H. Olson, Assignee; Country Kitchen of Iowa City, a partnership consisting of Ronald Novak and Richard Bowers. 84,900 lozq MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1401IJES �} Res. No. 79-224 -2- Parcel Owner Just Compensation 10 Frantz Construction Co.; Sunmark Industries, Tenant; Ed Jones, Tenant $ 17,300 It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x deProsse _ x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 22nd day of May 1979. Mayor ATTEST: City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES RECEIVED • APPROVED BY THE LEGAL DEPARTMENT -7s' lelc_ RESOLUTION N0. 79-225 I F WHEREAS, resolution No 79-158 authorized the Mayor to sign and the City Clerk to attest an agreement with Bill Alihalopoulos regarding the construction and maintenance of sidewalk vaults, and 191EREAS, the maintenance of $500,000. personal injury liability in- surance coverage will create a hardship for Mr. A1ihalopoulos. NOW THEREFORE BE IT RESOLVED BY THE OOUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to sign and the City Clerk to attest an amended agreement with Bill Alihalopoulos regarding the construction and maintenance of sidewalk vaults which reduces insurance coverage from $500,000. to $300,000. It was moved by Perret and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera i Passed and approved this 22nd day of May 1979. j 11AYOR AT=, : A17!;� CITY CLERK I i RECEIVED A 12IRO ED BY THE LM:A.L MaTYE.YT. lois' MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111ES "JL111SSION APO) 1M)1-n1N1rfcATfov P'''7y1p,;M1, ,i 1471EI11 AS the City 0 1' Iowa City is ;t nrrni.c.ipal corporation having full title and control of all public sCrceCt, alleys, and public 1'mys; and N710t';AS, Lhe undev-signc(1, being otnrers/Tenants of tile following descritxxi real estate, to-wiL: Beginning at the Northeast corner of Lot 1, Block 80, Original Tone of Iotta City, Iowa, according to the recorded plat ther thence I4esC 67 I'ecC, Lheucc mf, , South •10 feetLll"ce Isa.SL 67 feet, thence NorLlr 40 feet to the place of beginning. 117ll711�1S, the under :signed are engaged .in and conducting the following business :It the above :1cx:tCion: Best Steak llausc at .127 Iowa Ave., IOMI City, Iotvt; :and i {YIILRIAS, in order Co facilitate access tofrau said business and to provide For the expcdiLirns loacling and unloading of rnel•chandise and 1"MMS, the City of Ioea city, Iowawarns; and , is res7ronsible for ths e Care, uper- vision, and conitrol of public grounds, streets and sidernalks. NOW, 171171181;, be .it stated that the City of Bill Ioui City hereby grants 6fihalopoulos permission to construct and mrintain a sidewalk vault subject to the 1'oll.owing conditions: 1• 'file undersigned agree to construct and rnaintai.n sidewalkvaults locat at Dubuque St. and Iona Avenue. ed 2. Said construction be under the direction of the City ling.ineer• Phis direction sl>t.11 COnh`.1RC UI' ;lil occ;esiounl irrspecLion of the hurl( .fn prugruss, buC Shall not relievo or ro:Ie;rso the undersigned of its reslx)ns.i)ill ty t, It Che v;ull.ttt be constructed pursuant Lo all.;grplicable .laps. 3. This pormi L shall b(., valid 1'ur a period of 10 ycar:y, ['run the cL(Ce of issurnnce subject to revocation by either party ulxrn thirty (30) days wr.itLen notice. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MoltgS ` 2. d. The undersigned agrees to relocate or rrnnve said vault at own cost and ealrense upon written notice by the City of kava City. Said relocation or rnnrrval shall he awallplislec! within (30) days of Lhc date of vn•iLien notification. The undersigned further agrees to replace and reconstruct the sidewalk upon said relocation or romwal at own cost and expense. 5. The undersigned hereby a6rcus to indesrmify, defend and save hanni.ess the City of Iowa City, its agents, officers, and mlployees, fran and against all claims, suits, damages, costs, losses and expenses in any manner resulting fran, a•isiug out of or connected with the construction, uso, maintenance, and removal of said vault, including losses resulting iron but not limited to leakage, injury to property and persons. 'Phis permission shall come into Lull force and effect upon the filling by the undersigned, in the office of the City Clerk, a liability insurance policy, executed by a company authorized to do insurance business in the State of Iowa j in a .form approvII by the City Manager. The minimun !units of such policy shall Ixr ;Is XCILIC s: To cover the insured's liability for personal injury ; or death in the amount of three hundred thousand ($300,000.) dollars and for property dlunage in the :um>unt of ten thousand f ($10,000) do]Jars. it Mel Ixrlidy shall contain the following endorsonent: "it is expressly understocxl and aill-ml that this policy shall insure against all. claims, suits, damages, costs, losses and expenses resulting in any nwnner from, arising out of or connected with the construction, use, (maintenance, and 1'(nlOv:lI. Of B.i&Vlalk vaults located at iubuque St. and Towle Avenar :Ind ailed in c)njunct.ion with the insured's business." PIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1 ) 3. "It is I'urt.hor und: 'SLocxl and :y;rrrsl that Ixrforo Lho insurance pol icy to which this endorsement is attanc�cl mny be suspended or cancelled the City of Towa City, I01YIL, will bo given LhirLy (30) days prior written , notice of such proposed suspension or cancellation. It is I'urthcr under;stoLxl and agreed thnt the obligaLion of this policy shill not be affected by an :Let or Cmission of the wuwd .insured, or any tmployee or agent of the named insured, with respect to any condition or requirement attached thereto, nor by any default of the insured in payment of the pralliton, nor in tho giving of any notice required by said Ix)licy, or otherwise, nor by the death, insolvency, bankruptcy, legal incapacity, or inability of the insured." The I;Lilure of Lho undetw.igIILd to mainLain such a IX)li.cy in fall. force and effect shall be grotwh; for revocation of ponnission by the City of IotuL City, fowl, as Provided above. Dated this ALM clay of 19 %9. 4(�i—_�ij_64� . Oanm /'Pennpt Bill Mik-lopouloS RAYOR n1Tlsr: CI.1•Y C1.Ill11C MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MO1r1ES -------------- 4.4_44 _. __ SPII'17 OF Io{SA l CUN1Y 01., JolLNwq ) On this .?3147 day of�jL_ 2 / , in the year ]9 before me, r(Lcn .c"ZIL';, — ,, a nuLarY Public in and for said county or Johnson, State of Iowa, residing therein, duly commissioned and smurn, Personall y appt.u•Ld /(.r-/�.i ��, Z�n,w4t� known to me to be the Mayor', Imd _ Cf �t : .�(N( lauavn to Inc to bo tho City Clerk of the City 01' Iowa City, the c0rlxn•aCion that executCK] the within instrull>rnt, and acknowledged to Ine that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed Illy official seat the day and year in this certificate. NuLaly PllbIje in and for ohnson CounLy, State of Iava SM193 OF IOWA ) )SS: Coui'I'Y OF JOHNSON ) On thisrl.5 � day of lCu , IVY , before me, the undersigned, a Nutary RlblIic in and for said County and State, personally appeared A" X4-6�to Inc knows tb o e the identical person nanxxl in and Ilio executed the within and foregoing .instrument and aelcnewledged that he exec:utcd the scmle res "'S voluntary ICL and decal. _�2/c L.LiZ t.tC�lJ _ Notary NIblic in and for Jo)lllw) GwnLY, 9[atc of Iolea MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1 RESOLUTION NO. 79_226 RESOLUTION AUT110112M DMTION OF AGRMM CLARIFYING, CDNIRACIUAL RUMIES CONCERNING AN URBAN RENnVAL CD.VTRACP :3M'EFN THE CITY AND OLD CAPITOL ASSOCIATES DATED FEBRUARY 7, 1978. MIEREAS, the City of Iowa City, Iowa, a municipal corporation acting as the local public agency (City), and Old Capitol Associates, a joint venture (Old Capitol), entered into a real estate, contract concerning blocks 83 and 84 in Iowa City, Iowa, dated February 7, 1978, and WHERE, due to a question of interpretation of the said contract, the parties deem it desirable to enter into this agreement concerning the renedies of the City under the contract. NOW, THEREFORE, BE IT RESOLVID 13Y TRE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That thejMayor is authorized to sign, and the City Clerk to attest, an agreenent betweenithe City and Old Capitol, which agreement is attached to this resolution as Ddli,bit A, and by this reference made a part hereof. 2. That the Mayor is authorized to sign, and the City Clerk to attest, this resolution. 3. That the City Clerk is directed to certify a copy of this resolution to the Recorder of Johnson County, Iowa. It was moved by Perret and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x I1almer �— deProsse x Lrdahl _x_ Neuhauser _x_ Perret x_ Roberts x Vevera Passed and approved this 221d day of Mav , 1979. _J1/;aay_0R ,Pr - ATTEST: y'Zk4 -) CITY CIM SPPRO,W. E3Y I'"' LCGdL'ri iITYSE{y'• /131 - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES Mo1NES EXHIBIT "A 11 A G R E E M E N T On this 16th day of May, 1979, the follo is entered into by the City of Iwing agreement owa City, Iowa, a municipal coritol poration acting as the local public agency (City), and Old follows: Associates, a joint venture (Old Capitol), as In addition to the remedies provided in sec- tion 705 of the contract between the parties dated February 7, 1978, both parties interpret the contract of February 7, 1978, to mean that in the event of a resale of the property under section 705, the City shall have the right to retain $59,500 (fifty-nine thousand five hundred dollars) out of any sale proceeds, before making any reim- bursement of the purchase price or other cash invested in the property to Old Capitol or its suc- cessors in interest. OLD CAPITOL ASSOCIATES By Old Capitol Business CITY OF IOWA CITY, IOWA Center Comany (an Iowa Limited Partnership), A Partner B Y R i roy em hs �ATTEST: Bys Ll. ed�Hiegon/y.ust �2 President, r Hieron, Inc., CITY CLERK an Iowa corporation By: Q ✓ Q l e Investments Incorporated, an Iowa corporation By Meadow Link, Incorporated, an In iana corporation, A Partne 1 By: Ivan Himmel, President MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101nES STATE OF IOWA ) JOHNSON COUNTY ss. On this 16th day of May, 1979, before me a Notary Public in and for the State of Iowa, personally appeared Wilfreda Hieronymus, (herein called "Declarant"), to me personally known, who being by me duly sworn did state that she is the President of HIERON, INC. (herein called "Hieron"), that' Hieron is a General Partner of OLD CAPITOL BUSINESS CENTER COMPANY (herein called "OCBCC") an Iowa Limited Partnership; and that OCBCC is a Joint Venture Partner of OLD CAPITOL ASSOCIATES; a Joint Venture Partnership and that the foregoing instrument was signed on behalf of Old Capitol Associates by OCBCC as a Joint Venture Partner by Hieron, a General Partner of OCBCC, by Declarant, as its President; and Declarant acknowledged the execution of said instrument to be the voluntary act and deed of Hieron, OCBCC and Old Capitol Associates by her,it and them voluntarily executed. My Commission ""'1`1ID1 cr4f , Expires: ,- Notary Public in and for the '��T' State of Iowa STATE OF IOWA ) ss. JOHNSON COUNTY ) On this 16th day of May, 1979, before me a Notary Public in and for the State of Iowa, personally appeared Jay C. Oehler, (herein called "Declarant"), to me personally known, who being by me duly sworn did state that he is the President th INVESTMENTS INCORPORATED (herein called "Investments"), that In is a General Partner of OLD CAPITOL BUSINESS CENTER COMPANY (herein called "OCBCC") an Iowa Limited Partnership; and that OCBCC is a Joint Venture Partner of OLD CAPITOL ASSOCIATES, a Joint Venture Partnership and that the foregoing instrument was signed on behalf of Old Capitol Associates by OCBCC as a Joint Venture Partner by Investments, a General Partner of OCBCC, by Declarant, as its President; and Declarant acknowledged the execution of said instrument to be the voluntary act and deed of Investments, OCBCC and Old Capitol Associates by him, it and them volun- tarily executed. My Commission Notary Public in and for the Expires:;,./,.4^,State of Iowa MCROFILMED BY JORM MICROLAB CEDAR RAPIDS•DF.S 110PIES STATE OF IOWA ) JOHNSON COUNTY ss. On this 16th day of May, 1979, before me a Notary Public in and for the State of Iowa, personally appeared Ivan Himmel (herein called "Declarant"), being by me duly sworn did stto me personally known, who ate that he is the President of MEADOW LINK, INCORPORATED, an Indiana corporation (herein called "Corporation"), that the Corporation is a Joint Venture Partner of OLD CAPITOL ASSOCIATES, a. Joint Venture behalf of Partnership and that the foregoing instrument was signed on Old Capitol Associates h roration by Declarant; andDeclarantacknowledgedthe oexecution of said instrument to be the voluntary act and deed of the Corporation and Old Capitol Associates by him and it volun- tarily executed. My Commission Expires. STATE OF IOWA ) JOHNSON COUNTY � ss. Notary Public in and for the State of Iowa On this 16th day of May, 1979, before me a Notary Public in and for the State of Iowa, personally appeared Robert A. Vevera, Mayor of the City of Iowa City, Iowa, and Abbie Stolfus, City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by vir- tue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, Notarial Seal at Iowa City, I have hereunto set my hand and written. Iowa, the day and year last above My Commission Expires: Notary Public In and for the State of Iowa MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i STATE OF IOWA ) SS JOHNSON COUNTY ) I On this day of May, 1979, before me, a Notary Public in and for the State of Iowa, personally appeared John R. Balmer, Mayor Pro Tem of the City of Iowa City, Iowa, and Abbie Stolfus, City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and Notarial Seal at Iowa City, Iowa, the day and year last /above written. Notary Public in and for the StAe of Iowa My Commission Expires: % - 30 — Pd MICROFILMED BY JORM MICROLAB CEDAR RANDS -DES MOINES I AGREEMENTS/CONTRACTS i Attached are _� unexecuted copies of r CAQD _ ��i� - n ow., o ,17.•n w .. „ _ . n W .a aF .. - R�%*- �� Q3 8� i as signed by the Mayor. After their execution by the second party, please route i 1) (21EYKEs R'cjee I KIP i (� / 2) 241c--'cle✓ CC le- V* 3) 0C' 4) 5) " n 7) U ' " 4. is to be responsible for completion of this procedure. After receipt of originally Signed document from you, a xerox copy will be returned to your office. 1 i= Abbie Stolfus, CMC City Clerk I I i i i i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MDIRES I E ' RESOIDTION N0, 79-227 z 1 RESOLUTION ADOPTING SUPPLIIvWr NWfBER ONE TO THE CODE ( OF ORDINANCES OF TILE CITY OF IOWA CITY, IOWA. 1 WHEREAS, the Municipal Code Corporation has prepared the first supplement to the Code of Ordinances of the City of Iowa City, Iowa, and I iYfIEREAS, it is deemed appropriate to adopt supplement number one by resolution as a part of the said Cale of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CCUNCIL OF THE CITY OF IOjVA CITY, IOIVA: 1. That supplement number one to the Code of Ordinances of the City of Iowa City, Iowa, attached to this Resolution as Exhibit A and by this reference made a part hereof, is hereby officially adopted as a part of the said Cale of Ordinances. 2. That the Afayor is hereby authorized to sign, and the City Clerk to attest, this Resolution. It was moved by Neuhauser and seconded by Perret that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse _ x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 22nd day of May 11979. ATTEST:-''-_ ITY CLERK Zj MAYOR 4LCZ}7fDrb`,APPROVE9. BI !tel ` q �8?IQ71T. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES 103$ 'Ex tiI6I- /-1 SUPPLEMENT NO.1 CITY CODE of IOWA CITY, IOWA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 78.2933, adopted December 5, 1978. See Code Comparative Table, page 2953. Also included in the Charter is: Ordinance No. 77.2864, enacted September 6, 1977. See the Charter Comparative Table, page 71. Remove old pages Insert new pages xvii through xxii xvii through xxii [11 through [3] following Table of , 6 Contents 56 ,18 5, 6, 6.1 17, 71 17, 18 71 363 through 366 363 through 366 371 through 874 371 through 374.1 377, 378 377, 378, 378.1 545 through 556 531 through 666.1 639 through 650 669 through 674 669 through 674.1 737 through 761 737 through 750 813 through 816 813 through 816.1 919, 920 919, 920 931 931 through 980.16 987, 988 987, 988, 988.1 995 through 998 995 through 698 Note—For. checklist of up-to-date pages in Code, see page [11 followingtable bf contents. IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110114ES 0 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES INSTRUCTION SHEET-Cont'd. t 1149 through 1178 1149 through 1194 1529, 1530 1529, 1530, 1530.1 1533, 1534 1533, 1534 1539, 1540 1539, 1540, 1540.1 1547, 1548 1547, 1546, 1548.1 1565 through 1568 1565 through 1568.1 1571, 1572 1571, 1572 1591 through 1594 1591 through 1594 1645, 1646 1643 through 1646.1 i 1663 1663 1713, 1714 1713, 1714, 1714.1 1841, 1842 1841, 1842, 1842.1 1903 through 1917 1903 through 1914 2209, 2210 2209, 2210, 2210.1 i 2271, 2272 2271, 2272, 2272.1 2275, 2276 2275, 2276, 2276.1 2351, 2352 2351, 2352 2365 through 2367 2365 through 2370 2419, 2420 2419, 2420, 2420.1 2425, 2426 2425, 2426 % i 2429 2429 2479 through 2482 2479 through 2482.1 2491, 2492 2491, 2492, 2492.1 2495 through 2496 2495 through 2498.1 2507 through 2510 2507 through 2510.4 2517, 2518 2517, 2518 2521 through 2530 2521 through 2530.2 2951 2951, 2952, 2953 Index pages Index pages 2981, 2982 2981, 2982, 2982.1 2985 through 3002 2985 through 3002.3 3005 through 3012 3005 through 3012.5 3015 through 3020 3015 through 3020.4 3023 through 3032 3023 through 3032.1 3037 through 3042 3037 through 3042.2 3047, 3048 3047, 3048, 3048.1 3053 through 3064 3053 through 3064.2 3069, 3070 3069, 3070 3075, 3076 3075, 3076, 3076.1 1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES j INSTRUCTION SHEET—Cont'd. Insert this instruction sheet in front of volume. File deleted Pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida April, 1979 I I f I i i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIRES TABLE OF CONTENTS—Coned. Chapter Page Art. II. Building Code --_-_ — 531 Art. III. Abatement of Dangerous Buildings — 562 Art. IV. Mechanical Code ..__ 553 Art. V. House Movers 557 Div. 1. Generally _. _ 557 Div. 2. Licenses and Permits — 563 9. Cemetery __— 617 9.1. City Plaza ------_---_---------••-------- --- 639 10. Elections __ 669 Art. I. In General . _ 669 Art. II. Municipal Election Campaign Finance Regulations � 669 Art. III. Precincts ��— 674 11. Electricity _--..-----___ 484 Art. I. In General _.-.__---_—_ — 737 Art. II. Administration and Enforcement — 743 Art. III. Licenses, Certificates, Permits and Inspections - —---....--- .......... -- 744 12. Fire Prevention and Protection— i 811 Art. I. In General __ _ 811 Art. II. Code 813 Art. III. Department 816 Div. 1. Generally 816 Div. 2. Bureau of Fire Prevention 816.1 13. Food and Food Establishments 867 Art. I. In General _.__ 867 Art. II. Restaurants — 867 14. Franchises — 919 Art. I. Electricity 919 Art. II. Gas 924 Art. III. Telephone 929 Art. IV. Broadband Telecommunications ..... 931 15. Garbage, Trash and Refuse _— 981 Art. I. In General 981 Supp. No. 1 zvii MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOINES i 10WA CITY CODE Chapter Page Art. II. Collectors ........ ....... —_...... _--•------ 988 Div. 1. Generally -_..... --__•-----_ — 988 Div. 2. Permit ...... 988 Art. III. Storage ... .................. 989 Art. IV. Collection, Transportation — and Dis- posal— .... ................. --- — -- --992 Art. V. Littering .............. _.......... 994 16. Health and Sanitation (Reserved) .....__-- 1049 17. Housing ........ —---------------- ---_—, 1149 18. Human Rights —_----- 1229 Art. I. In General _-, 1229 Art. II. Commission __ 1232 Art. III. Discriminatory Practices ___— 1234 19. Junk Dealers and Pawnbrokers _ 1297 Art. I. In General ------ _ —, 1297 Art. II. Licenses ..... __ 1300 20. Library - -- Art. I. In General _ 1361 ....__-- _ -_•,-_ Art. II. Board of Trustees —__ 1351 _- 1352 21. Licenses and Miscellaneous Business Regulations 1407 Art. I. In General - ------ --_-------------- —__--_ -_- - 1407 Art. II. Fortune-tellers, Palmists, Phrenolo- gists and Clairvoyants --_.._ ............. _... 1409 Art. III. Going -Out -Of -Business, Removal -Of - Business, Fire and Other Altered Goods Sales ..-._.-_.- 1409 Div. 1. Generally _ 1409 Div. 2. License -...._..--------------- .......1412 22. Mobile Homes and Mobile Home Parks Art, I. In General _—_-- 1467 ........... ._ ...... —•�..__._._ Art. II. Park License 1967 ... ........ --�--- 1470 Art. II1. Park Standards ._.._ 1472 23. Motor Vehicles and Traffic ..-..-_.... 1527 Art. I. In General ................ __._.--...... —,- „- 1527 Supp. No. 1 xvlli PIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 610IREs TABLE OF CONTENTS—Cont'd. Chapter Page Art. II. Administration and Enforcement __— 1535 Div. 1. Generally —_—----_--__—___— 1535 Div. 2. Traffic Control Devices ._ 1540 Art. III. Accidents -------------- - 1544 Art. IV. Bicycles... ............ ........ _... ------ 1545 Div. 1. Generally ..-.--_-----.__-__-- 1545 Div. 2. License----_- ------------- 1550 Art. V. Motor Vehicles1552 Div. 1. Generally.... — .... ___ 1552 Div. 2. Equipment .... _.—._---_•-- 1552 Art. VI. Operation _ —. 1553 Div. 1. Generally ... —...... _-_...... —....... 1553 Div. 2. Overtaking and Passing ----- 1561 Div. 3. Right-of-Way--.__---.-.._....... 1562 Div. 4. Size and Weight Limitations --_ 1565 Div. 5. Speed - -- -- --- - .- 1567 iDiv. 6. Turning Movements 1571 Art. VII. Pedestrians------- - ------- --______---. 1573 Art. VIII. Stopping, Standing and Parking= . 1576 Div. 1. Generally -. _. 1576 J Div. 2. Angle Parking .-_---- _.. 1586 Div. 3. Parking Meter Zones and Parking Lots ........ -- — 1587 Div. 4. Stopping for Loading and Unload- ing Only --------- ----- 1591 24. Miscellaneous Provisions Art. I. In General 1693 1643 Art. II. Curfew Regulations _. 1646 Div. 1. Generally -- 1646 Div. 2. Emergencies _ _ .— 1646 Div. 3. Minors _._. 1647 Art. III. Disorderly Persons, Conduct _ and Houses _-.-- Art. IV. Firearms and Other Weapons _- 1648 Art. V. Iowa River --------- —.... 1651 _— 1652 Art. VI. Nuisances ---- _-------------- __... 1660 Art. VII. Offenses Against Morale --_,_ _ 1663 Supp. No. f xix MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110IIIEs IOWA CITY CODE i Chapter Page i 25. Parks and Recreation _._........ __—_-..—_ .... _.--- 1713 Art. I. In General 1713 Art. II. Commission _ 1715 Art. III. Department _..__ 1718 Art. IV. Use by Groups ....__ _--_.... 1719 26. Peddlers, Solicitors and Transient Merchants _—_ 1775 Art. I. In General - ...... ...... 1775 Art. II. License _.^—_..- _ 1776 27. Planning - ............ ---- ---_`------ . 1831 Art. I. In General ._-�..._._.._�_—•_ 1831 Art. H. Plan Commission ...___.—_--_--_ 1831 Art. III. Large Scale Developments ...... 1833 1833 Div. 1. Generally —_.--______--- 1833 Div. 2. Non-residential ___•_-_-- 1833 Div. 3. Residential —_ ------ _._______ 18¢2 Art. IV. Resources Conservation Commission 1861 28. Plumbing _ __-_________.•_, __. 1903 Art. I. In General .-__ ..-- 1903 Art. II. Administration and Enforcement _ 1906 Art. III. Licenses and Permits ............. _........ _.. 1909 29. Police ------------------•--..................... --- 1967 Art. I. In General -------------------------- _------ .. . 1967 Art. II. Department .-- ......................._..........-_— 1968 30. Railroads (Reserved) ............... 2021 31. Streets, Sidewalks and Public Places _.............. _ _. 2121 Art. I. In General ------------- _._-- ........ __ ........ _-- 2121 Art. II. Excavations ... .... _.................................... 2124 Div. 1. Generally ._ ---------- __.................. _. 2124 Div. 2. Permit ----------------------------- -... 2132 Art. III. Curb Cuts — ................ ........... ............ 2133 Div. 1. Generally ---- - --------------- _................ - 2133 Div. 2. Permit _------------- -------- ----. --- 2136 Art. IV. Numbering of Buildings -------- . ........ _ 2136 Art. V. Sidewalks .......................................---...... 2137 Div. 1. Generally ...... ......... -........ ......... ......_ 2137 Supp. No. I xx I �i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110IIIEs TABLE OF CONTENTS--Cont'd. Chapter . . ..... .......... . ... Page Art. Div. 2. Construction and Repair ................ 2138 Art. Div. 3. lee and Snow Removal .. .. ......... - . 2140 Art. VI. Use Permits . ......... ..... ......... 2141 32. Subdivision Regulations ...... -- 2197 Art. I. In General ...... . . ..... .... --- -- --------- ---- 2197 Art. 11. Plats - .............. ................... ------- ------- 2202 2273 Div. 1. Generally .... ... ........ .... .. - - 2202 ........ 2282 Div. 2. Preliminary . ..... - .. ..... .... 2202 2286 Div. 3. Final ...... ----- --------------- 2205 Art. III. Standards and Specifications 2211 33. Utilities . . ..... .......... . ... ... 2267 Art. L In General --- - - ---- ------- ----- ---------- 2267 Art. II. Sewers and Sewage Disposal .. . .- 2269 Div. 1. Generally ....... - -- - ------ 2269 Div. 2. Private Sewage Disposal .. . .... - 2269 Div. 3. Rates and Charges . . . ................ 2271 Div. 4. Storm Water Runoff .................... 2273 Art. III. Underground Electric Service . . ........ 2282 Art. IV. Underground Telephone Service ........ 2286 Art. V. Water ....... . ... .. ....... ------ --- ............ 2288 Div. 1. Generally ............... - ------ ...... . .... 2289 Div. 2. Connections ... ...... .... --- - ---------- 2291 Div. 3. Meters .................. .. ..... -------- 2294 Div. 4. Rates and Charges .... ...... ....... 2297 34. Vegetation ..---------------------------------------------------------------- 2351 Art. L In General . , _- .......... - -------- - ... 2351 Art. If. Forestry ............ ----------- - ------------------------- 2351 Div. 1. Generally ..... ---------- ----- ---------------- - 2351 Div. 2. Arboricultural Specifications and Standards of Practice .. ................. 2860 Div. 3. Permits for Work on Public Prop. erty.................................... . ........... - 2364 Art. III. Weed Control ....................... .. . .. . ........ 2366 35. Vehicles for Hire ......... .. ............... ..... ..................... 2419 Art. I. In General .................................................. 2419 Supp, No. I xxi MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DCS MOINES Supp. No. I xxii MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401UES IOWA CITY CODE Chapter Page Art. 11. Taxicabs ------- .... .. .. ........ - -- -------- 2419 Div. 1. Generally --------------------- --------- .. .. 2419 Div. 2. Certificates of Public Convenience and Necessity ....... 2424 Appendix A. Zoning ................... . . . . . . . .. .... .......................... 2479 Statutory Reference Table ------------- ............ ..... 2913 Code Comparative Table -1966 Code .. .... . .. 2935 Code Comparative Table—Ordinances ........ -- ----- --- ------ 2941 CharterIndex --------- ----- ................... ...... ........ ....... .... ....... 2971 Code Index -------------------------------- - ------------------------------- - . .......... 2977 Supp. No. I xxii MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401UES Checklist of Up -to -Date Pages (This Checklist will be updated with the printing of each Supplement.) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Su pp No Title page OC 374.1 1 111 v—vii OC 375, 376 O ix—xvi OC OC 377, 378 378.1 1 1 xvii—xxii 1 379-381 1 OC 1-4 5, 6 OC 431, 432 OC 6.1 1 483--494 OC 1 531-556 1 7-16 OC 556.1 1 17, 18 1 557-567 OC 19, 20 OC 617, 618 OC 71 1 639-650 1 121-126 0C 669-674 1 177-200 OC 674.1 1 261-253 OC 675-686 OC 303-312 0C 737-750 1 363-366 1 811, 812 OC 367---370 0C 813-816 1 371-374 1 816.1 1 Supp, No. 1 [1] MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111ES MICROFILMED BY O JORM MICROLAB CEDAR RAPIDS•DES DO RIES IOWA CITY CODE ' Page No. Supp. No. Page No. Supp. No. 817 OC 1643-1646 1 867, 868 OC 1646.1 1 919, 920 1 1647-1662 OC 921-930 OC 1663 1 931-950 1 1713, 1714 1 950.1, 950.2 1 1714.1 1 951-980 1 1715-1725 OC 980.1-980.16 1 1775-1780 OC 981-986 OC 1831-1840 OC 987, 988 1 1841, 1842 1 988.1 1 1842.1 1 989-994 OC 1843-1853 OC 995-998 1 1903-1914 1 999 OC 1967-1970 OC 1049 OC 2021 OC 1149-1194 1 2121-2147 OC 1229-1246 OC 2197-2208 OC 1297-1301 OC 2209, 2210 1 1351-1356 OC 2210.1 1 1407-1416 OC 2211-2216 OC i 1467-1477 OC 2267-2270 OC 1527, 1528 OC 2271, 2272 1 1529, 1530 1 2272.1 1 1530.1 1 2273, 2274 OC 1531, 1532 OC 2275, 2276 1 1533, 1534 1 2276.1 1 1535-1538 OC 2277-2301 OC 1539, 1540 1 2351, 2352 1 1540.1 1 2353-2364 OC 1541-1646 OC 2365-2370 1 1547, 1548 1 2419, 2420 1 1548.1 1 2420.1 1 1549-1564 OC 2421-2424 OC 1565-1568 1 2425, 2426 1 1568.1 1 2427, 2428 OC 1569, 1570 OC 2429 1 1571, 1572 1 2479-2482 1 1573-1590 OC 2482.1 1 1591-1594 1 2483-2490 OC Supp. No. 1 [21 / 1 MICROFILMED BY O JORM MICROLAB CEDAR RAPIDS•DES DO RIES Supp. No. 1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES CHECKLIST OF UP-TO-DATE PAGES—IOWA CITY Page No. Supp. No. Page No. Supp. No. 2491, 2492 1 3003, 3004 OC 2492.1 1 3005-3012 1 2493, 2494 OC 3012.1-3012.5 1 2495-2498 1 3013, 3014 OC 2498.1 1 3015-3020 1 2499-2506 OC 3020.1-3020.4 1 2507-2510 1 3021, 3022 OC 2510.1-2510.4 1 3023-3032 1 2511-2516 OC 3032.1 1 2517, 2518 1 3033-3036 OC 2519, 2520 OC 3037-3042 1 2521-2630 1 3042.1, 3042.2 1 2530.1, 2530.2 1 3043—,3046 OC 2531-2612 OC 3047, 3048 1 2913, 2914 OC 3048.1 1 j 2935-2950 OC 3049-3052 OC 2951-2953 1 3053-3064 1 '\ 2971-2976 OC 3064.1, 3064.2 1 2977-2980 OC 3065068 OC 2981, 2982 1 3069, 3070 1 2982.1 1 3071-3074 OC 2983, 2984 OC 3075, 3076 1 2985-3002 1 3076.1 1 3002.1-3002.3 1 3077-3081 0C Supp. No. 1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES CHARTER Art. II, § 2.11 Section 2.08. Appointments. A. The Council shall appoint the City Manager. B. The Council shall appoint the City Clerk. C. The Council shall appoint the City Attorney and such other legal counsel as it finds necessary, and it shall provide for the appointment of the city legal staff. D. The Council shall appoint all members of the City's Boards, except as otherwise provided by State law. E. The Council shall fix the amount of compensation of persons it appoints and shall provide for the method of com- pensation of other City employees. All appointments and pro- motions of City employees must be made according to job- related criteria and be consistent with nondiscriminatory and equal employment opportunity standards established pur- suanttolaw. Section 2.09. Rules; records. The Council may determine its own rules and shall main- tain records of its proceedings consistent with State law. Section 2.10. Vacancies. The Council shall fill a vacancy occurring in an elective City office as provided by State law. Section 2.11. Council action. A. Passage of an ordinance, amendment or resolution re- quires an affirmative vote of a majority of the Councilmem- hers except as otherwise provided by State law. B. The Council may submit to the voters, without a peti- tion, a proposition for the repeal, amendment or enactment of any measure, to be voted upon at any succeeding general, regular or special City election, and if the proposition sub- mitted receives a majority of the votes cast on it at the elec- tion, the measure shall be repealed, amended or enacted ac- cordingly. Supp. No. 1 5 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES M LUES Art. 11, i 2.12 IOWA CITY CODE Section 2.12. Prohibitions. A. A Councilmember may not hold any other City office or be a City employee or elected County official while serving on the Council nor hold any remunerated City office or em- ployment for at least one year after leaving the Council. B. Neither the Council nor its members may dictate, in any manner, the appointment or removal of any person appointed by the City Manager. However, the Council may express its views to the City Manager pertaining to the appointment or removal of such employee. C. A Councilmember may not interfere with the supervision or direction of any person appointed by or under the control of the City Manager. ARTICLE III. NOMINATION, PRIMARY ELECTION AND REGULAR ELECTION Section 3.01. Nomination. A. A voter of a council district may become a candidate for a council district seat by filing with the city clerk a valid peti- tion requesting that his or her name be placed on the ballot for that office. The petition must be filed not more than sixty- five (66) days nor less than forty (40) days before the date of the election and must be ned by voters date's district equal in number f to at least two(2) per rom l cent of those who voted to fill the same office at the last regular city election, but not less than ten (10) persons. B. A voter of the city may become a candidate for an at - large seat by filing with the city clerk a petition requesting that the candidate's name be placed on the ballot for that of- fice. The petition must be filed not.more than sixty-five (66) days nor less than forty (40) days before the date of the election and must be signed by voters equal in number to at least two (2) per cent of those who voted to fill the same office at the last regular city election, but not less than ten (10) persons. (Ord. No. 77-2664, § 2, 9-6-77) Supp. No. 1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -LES 11O111E5 CHARTER Art. III, § 3.02 Section 3.02. Primary election. A. If there are more than two candidates for a Council Dis- trict seat, a primary election must be held for that seat with Supp. No. 1 6.1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIIIES CHARTER Art. VII, § 7.05 not file notice of intention to amend it or if an amended peti- tion has been certified insufficient by the City Clerk, one or more of the petitioners may, within two days after receiving a copy of such certificate, file with the City Clerk a request that it be reviewed by the Council. The Council shall review the certificate at its next meeting following the filing of such a request, but not later than thirty days after the filing of the request for review, and shall rule upon the sufficiency of the petition. C. Court review; new petition. Each qualified voter has a right to judicial review of Council's determination as to the sufficiency of a petition. Proceedings for judicial review will be equitable in nature and must be filed in the State District Court for Johnson CountyThe right to judicial review is con- ditioned upon the timely filing of a request for Council review under Section 7.098, and the filing of the petition for court review within thirty days after determination by Council as to the sufficiency of the petition. A determination of insuffi- ciency, even if sustained upon court review, shall not prej- udice the filing of a new petition for the same purpose. D. Validity of signatures. A petition shall be deemed suffi- cient for the purposes of Section 7.09 if it contains valid signa- tures in the number prescribed by Section 7.03 and is timely filed, even though the petition may contain one or more in- valid signatures, A signature shall be deemed valid unless it is not the genuine signature of the qualified voter whose name it purports to be, or it was not voluntarily and knowingly executed. A valid signature need not be in the identical form in which the qualified voter's name appears on the voting rolls. Section 7.05. Action on petitions. A. Action by council. When an initiative or referendum petition has been determined sufficient, the Council shall promptly consider the proposed initiative ordinance or recon- sider the referred ordinance. If the Council fails to adopt a proposed initiative ordinance without any change in substance within sixty days or fails to repeal the referred ordinance Supp. No. I 17 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111Es Art. VII, § 7.05 IOWA CITY CODE within thirty days after the date the petition was finally de. termined sufficient, it shall submit the proposed or referred ordinance to the qualified voters of the City as hereinafter prescribed. Council may refuse to submit to the voters an ordi- nance which has been proposed or referred in accordance with the provisions of this article only if the petition is deemed insufficient pursuant to Section 7.04. If at any time more than thirty days before a scheduled initiative or referendum election Council adopts a proposed initiative ordinance without any change in substance or repeals a referred ordinance, the initiative or referendum proceedings shall terminate and the proposed or referred ordinance shall not be submitted to the voters. B. Submission to voters. The vote of the city on a proposed or referred ordinance shall be held at the regular city election or at the general election which next occurs more than twenty- five (25) days after the expiration of the appropriate sixty. or thirty -day period provided for consideration or reconsider- ation in Section 7.05A, provided, however, that the council may provide for a special referendum election on a referred ordi- ounce any time after the expiration of the thirty -day period provided for reconsideration in Section 7.05A. Copies of the proposed or referred ordinanL hall be made available to the qualified voters at the polls aj.; shall be advertised at the city's expense in the manner required for "questions" in Sec- tion 65 of the City Code of Iowa. The subject matter and pur- pose of the referred or proposed ordinance shall be indicated on the ballot. (Ord. No. 77-2858, § 2, 9-16-77) Section 7.06. Results of election. A. Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the Council, except as provided in Section 7.01B (3). If conflicting ordinances are approved by majority vote at the same election, the one re- ceiving the greatest number of affirmative votes shall prevail to the extent of such conflict. Supp. No. 1 18 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES CHARTER COMPARATIVE TABLE The Home Rule Charter is set out in this volume as adopted by the voters on November 15, 1973 and by Ordinance No. 76.2792, on January 2, 1976. The following table shows the disposition of amendments to the Charter. Ord.No. Date Section Disposition 77-2826 3.15-77 II 6.01 77-2858 9- 6-77 2 7.05H 77-2864 9. 6-77 2 3.01 [The next page is 121] Supp. No. 1 71 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140114ES Chapter 5 ALCOHOLIC BEVERAGES* Art. I. In General, §§ 5.1--5-17 Art. II. Liquor Control Licenses and Beer Permits, §§ 5-18-5.38 ARTICLE I. IN GENERAL Sec. 5.1. Definitions. The following definitions shall apply to this chapter: Alcohol means the product of distillation of any fermented liquor rectified one or more times, whatever may be the origin thereof, and includes synthetic ethyl alcohol. Alcoholic liquor or alcoholic beverage includes the three (3) varieties of liquor defined under the terms "alcohol," "spirits" and "wine" in this section, except "beer" as defined in this section, but including all beverages made as described in such definition of beer which contain more than four (4) per cent of alcohol by weight, and every liquor or solid, patented or not, containing alcohol, spirits, or wine, and susceptible of being consumed by a human being for beverage purposes. Application means a formal written request for the issuance of a permit or license supported by a verified statement of facts. Beer means any liquid capable of being used for beverage purposes made by the fermentation of an infusion in potable water of barley, malt, and (lops, with or without unmalted grains or decorticated and degerrninated grains containing not more than four (4) per cent of alcohol by weight. Club means any nonprofit corporation or association of indi- viduals, which is the owner, lessee, or occupant of a permanent building or part thereof; membership in which entails the 'Cross references—Operation of airplanes while Intoxicated, § 4-48; licenses and miscellaneous business regulations, Ch. 21. State law references—State Liquor Control Act, I.C.A. § 123.1 at seq.; power of local authorities to approve or disapprove issuance of licenses and permits, I.C.A. § 123.32(2); authority to regulate, I.C.A. § 123.39. Supp. No. 1 M MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES taolDEs �.1 IOWA CITY CODE prepayment of regular dues and is not operated for a profit other than such profits as would accrue to the cutin mcmber- ship. Commerrial establishment means a place of business which a at all times equipped with sufficient tables and seats to accommodate twenty-five (25) persons at one time, and the licensed premises of which conform to the standards and specifications of the department. Coatau:il means the beer and liquor control council estah- lisbed by slate law. Department means the beer and liquor control department established by state law or any division of such department. Director means the director of the beer and liquor control department, appointed pursuant to the provisions of state law, or his designee. Hotel or motel means a premise licensed by the state de- partment of agriculture and regularly or seasonally kept open in a bona fide manner for the lodging of transient guests, and with twenty (20) or more sleeping rooms. Legal age means nineteen (19) years of age or more. This provision shall not apply to persons who were born on or be- fore June 30, 1960. Licensed premises or prrcnaises means all rooms or encloc sures where alcoholic beverages or beer is sold or consumed under authority of a liquor control license or beer permit. Permit or license means an express written authorization issued by the department for the manufacture or sale, or both, of alcoholic liquor or beer. Person means any individual, association, partnership, cor- poration, club, hotel, motel, or municipal corporation owning or operating a bona fide airport, marina, park, coliseum, auditorium, or recreational facility in or at which the sale of alcoholic liquor or beer is only an incidental part of such own- ership or operation. Person of good moral character means any person who meets all of the following requirements: Supp. No. 1 364 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES ALCOHOLIC IIEVERACES § 5-1 (1) Ile/she loissuch financial standing:md goof] reputation as will satisfy the director that he/she will comply with the state law and all Imus, ordinances, :in(] regu- lations applicable to his/her operations under state law. (2) 11e/she does not possess it federal gambling stamp. (3) He/she is not prohibiter) by the provisions of section 5-33 of this chapter from obtaining a liquor control license or beer permit. (4) Ile/she is a citizen of the United States and a resident of this state or licensed to do business in this state in the case of a corporation. (5) lie/she has zr�t been convicted of a felony. however, if his/her felony conviction occurred more than five (5) years before the date of the application for a license or permit ami if his/her rights of citizenship have been resbrred by the governor, the director may deter- mine that he/she is a person of good moral character notwithstanding such conviction. (6) If such po•soa is a corporation, partnership, associa- tion, club, hotel, or motel, the requirements of this sub- section shall apply to each of the officers, directors, and partners of such person and to any person who directly or indirectly owns or controls len (10) per cent or more of any class of stock of such person or lips an interest of ten (10) per cent or more in the ownership or profits of such person. For the purposes of this provision, an individual and his/her spouse shall be regarded as one person. Prohibited sale of alcoholic liquor or beer under this chap- ter includes soliciting for sales, taking orders for sales, keep- ing or exposing for sale, delivery or other trafficking for a valuable consideration promised or obtained, and procuring or allowing procurement for any other person. Public palace means any place, building, or conveyance to which the public has or is permitted access. Supp. No. 1 365 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES houses § 5.1 lowA CITY COME Residence means the place where a person resides, perma- nently or Lempurarily. Retail beer per wit means a class "B" or "C" beer permit issued under the provisions of this chapter and state law. Rela ler means any person who shall sell, barter, exchange, offer for sale, or have in possession with intent to sell, any alcoholic liquor for consumption on the premises where sold, or beer for consumption either on or off the premises where sold. Spirits means any beverage which contains alcohol obtained by distillation mixed with drinkable water and other sub- stances in solution, including, but not limited to, brandy, rum, whiskey, and gin. Wine means any beverage containing alcohol obtained by fermentation of the natural sugar contents of fruits or other agricultural products. (Code 1966, § 5.24.1(A)—(D), (F)— (W); Ord. No. 2605; Ord. No. 2642, § 2; Ord. No. 73-2686, § II, 10-9-73; Ord. No. 78-2914, § 2, 8-8-78) ) Cross reference—Rules of construction and definitions generally, § 1-2 Sec. 5-2. Prohibited sales and acts. No person or club holding a liquor license or beer permit under this chapter, nor his/her agents or employees, shall do any of the following: (1) Sell, dispense or give to any intoxicated person or one simulating intoxication, any alcoholic liquor or beer. (2) Sell or dispense any alcoholic beverage or beer, or per- mit its consumption, on the premises covered by the license or permit between the hours of 2:00 a.m. on Sunday and 6:00 a.m. on the following Monday. How- ever, a holder of a liquor control license or class 'B" beer permit who has been granted the privilege of sell- ing alcoholic liquor or beer on Sunday may sell or dis- pense such liquor or beer between the hours of noon and 10:00 p.m. on Sunday. A holder of a class "C' beer Supp. No. 1 366 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES .�� ALCOHOLIC BEVERAGES § 5-'L2 and beer to bona fide members and their guests by the individual drinlc for consumption on the premises only. (2) Class P. A class B liquor control license issued to a hotel or motel shall authorize the holder to purchase alcoholic liquor from the department only, and to sell such liquor and beer to patrons by the individual drink for consumption on the premises only; however, beer may also be sold for consumption off the premises. Each such license ahall be effective throughout the premises described in the application. (3) Class C. A class C liquor control license issued to a commercial establishment shall be issued in the name of the individual who actually owns the entire business and shall authorize the holder to purchase alcoholic liquors from the department only, and to sell such liquors and beer to patrons by the individual drink for consumption on the premises only; however, beer may also be sold fa• consumption off the premises. (Code 1966, § 5.24.5; Ord. No. 2605) Sec. 5-21. Separate beer permits required for separate loca- tions where beer is sold. Each person holding a class H or class C beer permit having more than one place of business where beer is sold shall be required to have a separate beer permit for each separate place of business, except as otherwise prohibited by state law. (Code 1966, § 5.24.7; Ord. No. 2605) Sec. 5-22. Application; bond, A verified application for the original issuance or the re- newal of a liquor control license or a beer permit shall be filed at such time, in such number, of copies and in such form as the slate director of beer and liquor control shall prescribe, on forms prescribed by him/iter. The application shall be ac- companied by the required fee and bond and shall be filed with Supp. No, 1 371 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111ES § 5.22 IOWA CITY CODE the city council for approval or disapproval. The bond to be submitted shall be in a form prescribed by the slate director and in the following amounts: (1) With any liquor control license, the bond shall be five thousand dollars ($5,000.00) and shall be conditioned upon the payment of all taxes payable to the state under the provisions of the Iowa Recr and Liquor Con- trol Act and upon compliance with all provisions of the state law. (2) With any beer permit, the bond shall be five hundred dollars ($500.00) and shall be conditioned upon the faithful observance of the Iowa Ree• and Liquor• Con- trol Act. (Code 1966, § 5.24.8; Ord. No. 2605) Sec. 5-23. Persons eligible. Upon meeting the requirements imposed by state law, the provisions of this Code and other ordinances of the city, a person who is of good moral character as defined by state law and this Code may apply for a liquor control license or a I bee• permit. In the case of a club, corporation o• partnership, the offices of the club or corporation and the partner of a partnership shall be persons of good moral character as de- fined by state law and this chapter. (Code 1966, § 5.21.2; Ord. No 2605) Sec. 5.24. Interest in more than one class of beer permit. It shall be unlawful for any person to be either directly or indirectly interested in more than one class of beer permit. (Code 1966, § 5.24.6; Ord. No. 2605) Sec. 5.35. Investigation of applicant. (a) It shall be the responsibility of the applicant for an origi- nal beer or liquor license to obtain an application for the appro- priate license from the city clerk at least twenty-one (21) days before the date on which the applicant desires the city council to consider the application. The council will normally consider such applications only at regularly scheduled formal Supp. No. 1 37 2 MICROFILMED aY JORM MICROLAB CEDAR RAPIDS•DES MORTES �\ALCOHOLIC BEVERAGES § 5-2e meetings. The applicant must submit the application form to the police chief, fire chief, county sheriff, county attorney, county health inspector and lastly to the building inspector. Each official shall make an investigation, sign the form and recommend approval or denial of the application. The appli- cant shall file the completed application with the city clerk at least seven (7) days before the date on which the appli- cant desires the council to consider the application. The city clerk shall promptly submit the application to the council. (b) Upon application fora class A private club license, the applicant shall submit a copy of the club's bylaws. If the by- laws do not contain the peueedure for the .admission for new members, the qualifications for- membership, the rules for use of the facilities by uunmernhers, the purpose of the e-- ganization, the amount of fees or dues, the number of meetings required to be held annually, the number of voting menbers, the applicant shall attach it brief statement giving the above infe•mation to his; her application. The city council shall coil- ' sides whether said applicant has demonstrated that his/her establishment is a bona fide private club before grunting it class A license. (Code 1966, § 5.29.9; Ord No. 2605; Ord. No. 76-2805, § II, 8-31-76; Ord. No. 76-2809, § 11, 9-28-76; Ord. No. 78-2913, § 2, 8-8-78) Sec. 5-26. Requirements for premises. (11) An applicant for if liquor control license or beer permit as it further condition for approval by the city council, must give consent in writing oil the application that members of the fire, police find health departments and the building inspector may enter upon the premises without warrant to inspect for violations of the provisions of state law :uul of this chapter. (b) In addition to any other requirements, the premises for which it beer pemit or liquor control license is sought shall meet the following requirements: (1) No lique, control license m• beer permit shall be fill - proved for premises which d0 not conform to all appli- cable laws, provisions of this Code and other ordinances, resolutions, and health and fire regulations. Supp. No. I 373 MICROFILMED BY JORM MICROLAB CEDAR RANDS -DES MoIfICS § 5.26 IOWA CITY CODE (2) No licensee shall have or maintain any interior access to residential or sleeping quarters unless permission is granted by the state beer and liquor control director in the form of a living quarters permit. (3) The premises for which a class B beer permit is sought must be located within a zone which permits the use of such premises for such purpose or an area now or hereafter zoned and conforming to the zoning require- ments of such zone. (4) The premises of a class B beer permittee shall, at the time of the application, continue to be equipped with sufficient tables and seats to accommodate twenty-five (25) persons atone time. (5) No state liquor store shall be located within three hun- dred (300) feet of a public or private educational insti- tution unless a lesser distance is specifically authorized by this Code or other city ordinances. (Code 1966, § 5.24.3; Ord. No. 2605) Sec. 5.27. Proof of financial responsibility. Each liquor control licensee and class B beer permittee shall furnish proof of financial responsibility either by the exist- ence of a liability insurance policy or by posting bond in such amount as shall be determined by the department. (Code 1966, § 5.24.11; Ord. No. 2605) Sec. 5-28. Fees. The following fees shall be submitted with the respective application for a beer permit or a liquor control license re- quired by this article: (a) For a class B beer permit, the annual fee shall be three hundred dollars ($300.00) ; (b) For a class C beer permit, the annual fee shall be graduated on the bases of the amount of interior floor space which comprises the retail sales area of the prem- ises covered by the permit, as follows: Supp. No. 1 374 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES nDla[S ALCOHOLIC BEVERAGES § 5.28 (1) Up to one thousand five hundred (1,500) square feet, the fee shall be seventy-five dollars ($75.00). (2) Over one thousand five hundred (1,500) square feet and up to two thousand (2,000) square feet, the fee shall be one hundred dollars ($100.00). Supp. No, I 874.1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1401NES ALCOHOLIC BEVERAGES n 5.34 than three (3) months but not more than six (6) months after issuance, the refund shall be one-half of the amount of the fee; if surrendered more than six (6) months but not more than nine (9) months after issuance, the refund shall be one- fourth of the amount of the fee. No refund shall be made, however, for a liquor control license or beer permit surren- dered more than nine (9) months after issuance. No refund shall be made to any licensee or permittee upon the surrender of his/her license or permit, if there is at the time of the sur- render, a complaint filed with the department or the city charging hint with a violation of this chapter or any pro- vision of the Iowa Beer and Liquor Control Act. If upon hear- ing on any such complaint, the license or permit is not re- voked or suspended, then the licensee or permittee shall be eligible, upon surrender of his/her license or permit, to re. ceive a refund as provided in this section; but if his/her li- cense or permit is revoked or suspended upon the hearing, he/ she shall not be eligible for the refund"of any portion of his/her license or permit fee. No refund shall' be made for seasonal licenses or permits. (Code 1966, § 5.24,16; Ord. No. 2605) Sec. 5.33. Term of license or permit; seasonal licenses and permits. All liquor control licenses and beer permits, unless sooner suspended or revoked, shall expire one year from the date of issuance. Six (6) or eight (8) month seasonal licenses or beer permits may be issued for a proportionate part of the license or permit fee. No seasonal license or permit shall be renewed except after a period of two (2) months. Seasonal licensing shall be only as permitted by state regulation. (Code 1966, § 5.24.15; Ord. No. 2605) Sec. 5-34. Application for renewal. (a) It shall be the responsibility of the applicant for a renewal [of a] beer or liquor license to obtain an applica- tion for the appropriate license .from the city clerk at least twenty-one (21) days before the date on which the appli- Supp. No. 1 377 MICROFILMED BY JORM MICROLAB CEDAR anplos•DES MolIgS § 5-34 IOWA CITY CODE cant desires the city council to consider the application. The council will normally consider such applications only at regu- larly scheduled formal meetings. The applicant must submit the application form to the police chief, fire chief, county health inspector and lastly to the building inspector. Each official shall make an investigation, sign the form and rec- ommend approval or denial of the application. The applicant shall file the completed application with the city clerk at least seven (7) days before the date on which the applicant desires the council to consider the application. The city clerk shall promptly submit the application to the council. (b) Upon application for renewal of a class A private club license, the applicant shall provide the information regarding the private club status of his establishment as required by section 5-25. If the information is already on file with the city clerk, the applicant shall only provide information regarding changes which would affect private club status. (Code 1966, § 5.29.10; Ord. No. 2605; Ord. No. 76-2805, § III, 8-31-76; Ord. No. 76-2809, § III, 9-28-76; Ord. No. 78-2913, § 3, 8-8-78) Sec. 5-35. Suspension and revocation—Generally; grounds. A liquor control license or beer permit may be suspended for a period up to one year, or revoked, for any violation of law, including this Code or other ordinances, following notice and hearing, and shall be revoked in accordance with the provisions of state law for any of the following causes: (1) Misrepresentation of any material fact in the applies - tion for the license or permit; (2) Violation of any of the provisions of the Iowa Beer and Liquor Control Act; i (3) Any change in the ownership or interest in the business operated under a class A, class B or class C liquor control license, or any beer permit, which change was t not previously reported to and approved by the city and the department; Supp. No. I 378 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1101tIES I ALCOHOLIC BEVERAGES § 6-36 (4) Any event which would have resulted in disqualification from receiving the license or permit when originally issued ; (6) Any sale, hypothecation or transfer of the license or permit; (6) The failure or refusal on the part of any licensee oi- permittee to render any report or remit any taxes to the department tinder the state law. . - Supp. No. 1' 378.1 u MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIIIES Chapter 8 BUILDINGS AND BUILDING REGULATIONS' Art I. In General, §§ 8.1-8-15 ArL II. Building Code, §§ 816-8-30 ArL III. Abatement of Dangerous Buildings, §§ 8.31-8-43 Art. IV. Mechanical Code, §§ 8-44-8.57 Art. V. House plovers, §§ 8.58-8-85 Div. 1. Generally, §§ 8-58-8-76 Div. 2. Licenses and Permits, §§ 8-77-8.85 ARTICLE I. IN GENERAL Sec. 8-1. Urban renewal. (a) Authorization. The city is hereby authorized to pur- chase, place and maintain temporary modular structures in the central business zone of the city to effectuate business relocation for the City -University Project, Iowa R-14. (b) Exceptions to building regulations. In accordance with the provisions of section 403.12 (1) (h) of the Code of Iowa, the plans and specifications of the Business Relocation Mall, City -University Project, Iowa R-14, insofar as the same are in conflict with the city building code and all other regula- tions, are hereby excepted therefrom, in order to implement such Urban Renewal Project. (Code 1966, §§ 9.80.1, 9.80.2; Ord. No. 2653, §§ 2, 3) Secs. 8-2-8-15. Reserved. ARTICLE II. BUILDING CODE Sea 8-16. Adopted. Subject to the following amendments, the Uniform Build- ing Code Standards, 1976 Edition and the 1976 Edition of the 'Cross references—Department of housing and Inspection services, Ch. 2, Art. VI; electricity, Ch. 11; fire prevention and protection, Ch. '12; housing, Ch. 17; mobile homes and mobile home parka, Ch. 22; planning, Ch. 27; plumbing regulations, Ch. 28; subdivision regulations, Ch. 82; utilities, Ch. 33; zoning regulations, App. A. Supp. No. 1 631 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DF.S MOINES § 8-16 IOWA CITY CODE i Uniform Building Code are hereby adopted. (Ord. No. 77-2859, § 2, 9-6-77) Editor's note—Ord. No. 77-2869, § 6, enacted Sept. 6, 1977, repealed Ord. No. 2709, enacted April 9, 1974 and Ord. No. 76.2776, enacted July 22, 1976, which had been codified as §§B-16-8.18. Sections 2--4 of Ord. No. 77-2869 have been codified as new §§ 8.16-8-I8, Section 5 provided that copies of the building code and any amendments thereto would be available in the office of the city clerk. Cross references—Code for abatement of dangerous buildings, § 8-81; mechanical code, Ch. 8, Art. IV; electrical code, § 11.6; plumbing code, § 28-2. State law reference—Adoption of codes by reference, I.C.A. § 880.10. i Sec. 8.17. Amendments. i The 1976 Edition of the Uniform Building Code is amended as follows: (1) Section 202, Powers and duties of building official [is amended to read as follows:] (a) General. The building Official is hereby authorized and directed to enforce all the provisions Of this code. (b) Deputies. The city manager shall appoint such em- ployees as may be required. (c) Reports and records. The building official shall sub- mit an annual report to the city manager outlining the work of the department for the preceding year. This report shall include recommendations for amendments to this code. The building official shall keep a permanent account of all fees and monies collected under this code, the location of the buildings or premises to which they relate, the names of the persona upon whose account they were paid, the date and the amount. (d) Right of entry. Whenever necessary to make an in- spection to enforce any of the provisions of this Code, or whenever the building official or his authorized represen- tative has reasonable cause to believe that there exists in any building or upon any premises, any condition which makes such building or premises unsafe as defined in See - Supp. No, 1 532 1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES BUILDINGS AND BUILDING REGULATIONS 0847 tion 203 of this Code, the building official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to Perform any duty imposed upon the building official by this Code; pro- vided that if such building or premises be occupied, lie shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the building official or his authorized representative shall have recourse to every remedy provided by law to secure entry. "Authorized Representative" shall include the officers ! named in Section 202 (a) and (b) of this Code. No owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official or his authorized representative for the purpose of inspection and examination pursuant to this Code. Any person vio- lating this subsection shall be guilty of a misdemeanor. (e) Notices. (1) Whenever any work is performed in violation of the 1976 Uniform Building Code as amended, the building official may serve a written notice or order upon the the owner directing him/her to discontinue the viola- tion. (2) In the event such notice or order is not promptly ! complied with, the building official may institute an action at law or in equity to require compliance and to enjoin occupancy of the structure while it is not in compliance with this code. (f) Stopping work. Whenever the building official de- termines that work is being performed in violation of this code, he/she may order, either orally or in writing, that all further work be suspended until the condition in violation is remedied. Supp. No. 1 633 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES g 8-17 IOWA CITY CODE i (g) Occapancy violations. Whenever any structure is being used contrary to the provisions of this Code, the building official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within ten (10) days after receipt of such notice or make the structure or portion thereof, comply with the requirements of this code; provided, how- ever, that in the event of an unsafe building, Section 203 shall apply. (Ord. No. 77-2859, § 3, 9-6-77) (2) Section 204. Appeals is amended to read as follows: Whenever a person disagrees with the interpretation of a building official of the requirements of the Uniform Building Code, he/she may appeal the decision of the building official to the board of appeals in accordance with the procedures set forth in the Iowa City Administrative Code. (Ord. No. 77-2859, § 3, 9-6-77) (3) Section 205. Violadions and penalties is amended as follows: (a) Penalties. (1) A person who shall violate a provision of this ordi- nance or fail to comply therewith or with any of the requirements thereof or who shall erect, construct, alter or repair or has erected, constructed, altered or repaired a building or structure in violation of a de- tailed statement or plan submitted and approved thereunder shall be guilty of a misdemeanor punish- able by a fine not exceeding one hundred dollars ($100.00) or imprisonment not exceeding thirty (30) days. (2) The owner of a building, structure or premises where anything in violation of this ordinance shall be placed or shall exist, and an architect, builder, contractor, agent, person or corporation employed in connection therewith, and any who may have assisted in the commission of such violations shall each be guilty of a separate offense. Supp. No. 1 534 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES t40INES BUILDINGS AND BUILDING REGULATIONS § 847 (b) Abasement. The imposition of penalties herein pre- scribed shall not preclude the city attorney from institut- ing an appropriate action or proceeding to prevent an un- lawful erection, construction, reconstruction, alteration, re- pair, conversion, maintenance or use or to restrain, correct or abate a violation or to prevent the occupancy of a build- ing, structure or premises. (Ord. No. 77-2859, § 3, 9-6-77 (4) Table s -A will be adopted as part of the Uniform Build - Ing Code of the City of Iowa City, Iowa, subject to periodic changes as provided for in Sections 303(a) and 423 of the 1976 Edition, Uniform Building Code, as amended. (Ord. No. 77-2859, § 3, 9-6-77) (5) Section 303(a). Building permit fees is hereby amend- ed to read as follows: A fee for each building permit shall be paid to the build- ing official as established by resolution of council. Where work for which a permit is required by this code is started or proceeded with prior to obtaining said permit, the fee specified above shall be doubled. The payment of a double fee shall not relieve persons from fully complying With the requirements of this code in the execution of the work nor from any other penalties prescribed herein. (Ord. No. 77-2859, § 3, 9-6-77; Ord. No. 78-2882, § 11, 3-7-78) (6) Section 304(d), Required inspections is hereby amend- ed to read as follows: (d) Reinforcing steel or structural framework of any Part of any building or structure shall not be covered or ing official. concealed without first obtaining the approval of the build - The building official, upon notification from the permit holder or his agent, shall make the following inspections and shall either approve that portion of the construction as completed or shall notify the permit holder or his agent wherein the same fails to comply with this code. (1) Foundation inspection: To be made after trenches 9upp. No. 1 are excavated and forms erected and when all mate - 535 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110114[5 § 847 IOWA CITY CODE rials for the foundation are delivered on the job. Where concrete from a central mixing plant (com- monly termed "transit mixed") is to be used, mate- rials need not be on the job. (2) Frame inspection: To be made after the roof, all framing, fire -blocking and bracing are in place and all pipes, chimneys and vents are complete. (3) Final inspection: To be made after building is com- pleted and ready for occupancy. (Ord. No. 78-2912, § 2,7-25-78) (7) Section 806(6). Use or occupancy is amended to read as follows: No building or structure in Group A, Division I to R, Divi- sion 3, inclusive, shall be used or occupied, and no change in the existing occupancy classification of a building or struc- ture or portion thereof shall be made until the building offi- cial has issued a certificate of occupancy therefor, as pro- vided herein. (Ord. No. 77-2859, § 3, 9-6-77) (8) Section 421 is hereby amended to read as follows: Truss is a pre -built and engineered component employing one or more triangles in its construction that function as structural support members. (Ord. No. 78-2912, § 2, 7-25-78) (9) Section 428. Value or Valuation is hereby amended to read as follows: Value or Valuation of a building shall be the cost per square foot based upon current replacement costs as de- termined by the bimonthly publication entitled 'Building Standards." Building valuation data and regional modifiers as set by 'Building Standards" shall be utilized in conjunc- tion with Section 303(a), as amended, to determine valua- tion." (Ord. No. 77-2869, § 3, 9-6-77) (9.1) Section 1805(a). Light and ventilation is hereby amended to read as follows: All guest rooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural light by Supp. No. 1 536 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES BUILDINGS AND BUILDING REGULATIONS § 8.17 means of exterior glazed openings with an area not less than one-tenth (1/10) of the floor area of such rooms with a minimum of ten (10) square feet. All bedrooms, water closet compartments, laundry rooms and similar rooms shall be provided with natural ventilation by means of operable exterior openings with an area not less than one -twentieth (1/20) of the floor area of such rooms with a minimum of one and one-half (11/.Z) square feet. All guest rooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural ventilation by means of openable exterior openings with an area of not less than one -twentieth (1/20) of the floor area of such rooms with a minimum of five (5) square feet. In lieu of required exterior openings for natural ventilation, i a mechanical ventilating system may be provided. Such sys- tem shall be capable of providing two (2) air changes per hour in all guest rooms, dormitories, habitable rooms and in public corridors. One-fifth (1/;) of the air supply shall be taken from the outside. In bathrooms, water closet com- artments, laundry rooms and similar rooms a mechanical ventilation system connected directly to the outside, capable of providing five (5) air changes per hour, shall be provided. For the purpose of determining light and ventilation re- quirements, any room may be considered as a portion of an adjoining room when one-half (1/.:) of the area of the com- mon wall is open and unobstructed and provides an opening of not less than one-tenth (1/10) of the floor area of the interior roam of twenty-five (25) square feet, whichever j is greater. Required exterior openings for natural light and ventilation shall open directly onto a street or pubic alley or a yard or j court located on the same lot as the building. Exception No. 1: Required windows may open into a roofed porch where the porch: A. Abuts a street, yard or court; and I B. Has a ceiling height of not less than seven (7) feet; and Supp. No. 1 337 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1 B-17 IOWA CITY CODE C. Has the longer side at least sixty-five (65) per cent open and unobstructed. Exception No. 2: Kitchens may be provided with natural light by means of exterior glazed openings with an area not less than three (3) per cent of the floor area of such rooms with a minimum of three (3) square feet provided that a mechanical ventilation system capable of providing two (2) air changes per hour and artificial lighting is provided. (Ord. No. 78-2925, § 1I(1), 104-78) (10) Section 1307(b). Floor area is amended to read as follows: Every dwelling unit shall have at least one room which shall have not less than one hundred fifty (150) square feet of floor area. Other habitable rooms except kitchens shall have an area of not less than eighty (80) square feet. (Ord. No. 77-2859, § 3,9-6-77) (11) Section 1404. Exit facilities is amended to read as follows: Stairs and exits shall be provided as specified in Chapter 33. Every sleeping room below the fourth story shall have at least one operable window or exterior door approved for emergency egress or rescue. The units shall be operable from the inside to provide a full clear opening without the use of separate tools. All egress or rescue windows from sleeping rooms shall have a minimum net clear opening of five and seven -tenths (6.7) square feet. The minimum net clear opening width dimension shall be twenty (20) inches. The minimum net clear opening height dimension shall be twenty (20) inches. Where windows are provided as a means of egress or rescue they shall have a finished sill height not more than forty- four (44) inches above the floor. (Ord. No. 77-2859, § 3, 9.6-77) (11.1) Section 1405(a). Light and ventilation is hereby amended to read as follows: All guest rooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural light by Supp. No. 1 538 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIRES BUILDINGS AND BUILDING REGULATIONS 8.17 means of exterior glazed openings with an area not less than one-tenth (1/10) of the floor area of such rooms with a minimum of ten (10) square feet. All bathrooms, water closet compartments, laundry rooms and similar rooms shall be provided with natural ventilation by means of openable exterior openings with an area not less than one -twentieth (1/20) of the floor area of such rooms with a minimum of one and one-half (11/•z) square feet. All guest rooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural ventilation by means of openable exterior openings with an area of not less than one -twentieth (1/20) of the floor area of such rooms with a minimum of five (5) square feet. In lieu of required exterior openings for natural ventila- tion, a mechanical ventilating system may be provided. Such system shall be capable of providing two (2) air changes per hour in all guest rooms, dormitories, habitable rooms and in public corridors. One-fifth (1/,;) of the air supply shall be taken from the outside. In bathrooms, water closet compartments, laundry rooms and similar rooms a mechani- cal ventilation system connected directly to the outside, ca- pable of providing five (5) air changes per hour, shall be provided. For the purpose of determining light and ventilation re- quirements, any room may be considered as a portion of an adjoining room when one-half (1/..) of the area of the common wall is open and unobstructed and provides an opening of not less than one-tenth (1/10) of the floor area of the interior room or twenty-five (25) square feet, which- ever is greater. Required exterior openings for natural light and ventilation shall open directly onto a street or public alley or a yard or court located on the same lot as the building. Exception No. 1: Required windows may open into a roofed porch where the porch: A. Abuts a street, yard, or court; and Supp. No. 1 589 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140IRES § 8-17 IOWA CITY CODE B. Has a ceiling height of not less than seven (7) feet; and C. Has the longer side at least sixty-five (65) per cent open and unobstructed. Exception No. 2: Kitchens may be provided with natural light by means of exterior glazed openings with an area not less than three (3) per cent of the floor area of such rooms with a minimum of three (3) square feet, provided that a mechanical ventilation system capable of providing two (2) air changes per hour and artificial lighting is provided. (Ord. No. 78-2925, § Il (2), 10-4-78) (12) Section 1407(b). Floor area is amended to read as follows: Every dwelling unit shall have at least one room which shall have not less than one hundred fifty (150) square feet of floor area. Other habitable rooms except kitchens shall have an area of not less than eighty (80) square feet. (Ord. No. 77-2859, § 3, 9-6-77) (13) Section 1718. Trusses is hereby amended to read as follows: Preparation, fabrication and installation of trusses shall conform to accepted engineering practices and to the re- quirements of this code. No alterations, including but not limited to cutting, splicing or removal of webs, gussetts or chords, shall be made without approval of a certified engineer and the building official. Any alterations not ac- ceptable to the building official shall be ordered removed. (Ord. No. 78-2912, § 2,7-25-78) (14) Section 8205(a). Access is amended to read as follows: An attic access opening shall be provided in the ceiling of the top floor of buildings with combustible ceiling or roof construction, The opening shall be located in a corridor or hallway of'buildings of three (3) or more stories in height and readily accessible in buildings of any height. Closets are not deemed readily accessible. Supp. No. 1 540 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MONIES \' BUILDINGS AND BUILDING REGULATIONS § 8-17 The opening shall be not less than twenty-two (22) inches by thirty (30)inches. Thirty -inch minimum clear head room shall be provided above the access opening. Attics with a maximum vertical clear height of less than thirty (30) inches need not be provided with access open- ings. (Ord. No. 77-2859, § 3, 9-6-77) (15) Section 8305(j). Handrails is hereby amended to read as follows: (j) Stairways shall have handrails on each side, and every stairway required to be more than eighty-eight (88) inches in width shall be provided with not less than one intermediate handrail for each eighty-eight (88) inches of required width. Intermediate handrails shall be spaced [an] approximately equal [distances from the outer edges] within the entire width of the stairway. Handrails shall be placed not less than thirty (30) inches 1 nor more than thirty-four (34) inches above the nosing of j treads. They shall be continuous the full length of the stairs and except for private stairways at least one hand- rail shall extend not less than six (6) inches beyond the top and bottom risers. Ends shall be returned or shall ter- minate in newel posts or safety terminals. Exception No. 1: Stairways forty-four (44) inches or less in width and stairways serving one individual dwelling unit in Group R, Division I or 3 occupancies may have one handrail, except that such stairways open on one or both sides shall have handrails provided on the open side or sides. Exception No, 2: Stairways having less than four (4) risers need not have handrails. Handrails projecting from a wall shall have a space of not less than one and one-half (ll/,) inches between the wall and the handrail, (Ord. No. 78-2912, § 2, 7-25-78) (16) Chapter 11 in the appendix is hereby amended to read as follows: Supp. No. I 541 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES § 8.17 IOWA CITY CODE Chapter 11 COVERED MALL BUILDINGS Sec. 1110. General. (a) Purpose. The purpose of this chapter is to establish minimum standards of safety for the construction and use of covered mall buildings. (b) Scope. The provisions of this chapter shall apply to buildings or structures defined herein as covered mall build- ings. Exception: When approved by the building official, the following uses need not comply with the provisions of this chapter: (1) Terminals for transportation facilities. (2) Foyers and lobbies of hotel, apartment and office buildings. / (3) Buildings need not comply with the provisions of this chapter when they comply totally with all other appli- cable provisions of this code. (c) Definition. For the purpose of this chapter, certain terms are defined as follows: Covered mall building is a single building enclosing a number of tenants and occupancies such as retail stores, drinking and dining establishments, enter- tainment and amusement facilities, offices and other similar uses wherein two (2) 'or more tenants have a main entrance into one or more malls. Anchor store is an exterior perimeter department store or major merchandising center having direct access to a mall but having all required exits independent of a mall. Gross leasable area is the total floor area designed for tenant occupancy and exclusive use. The area of Supp. No. 1 692 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DE.S MOVIES BUILDINGS AND BUILDING REGULATIONS § 8.17 tenant occupancy is measured from the center lines of joint partitions to the outside of the tenant walls. All tenant areas, including areas used for storage, shall be included in calculating gross leasable area. Afall is a roofed or covered common pedestrian area with- in a covered mall building which serves as access for two (2) ormore tenants. Occupant load is the total number of persons that may occupy a building or portion thereof at any one time. (d) Applicability of other provisions. Except as specifi- cally otherwise required by this chapter, covered mall build- ings shall meet all applicable provisions of this code. Sec. 1111. Special provisions. (a) Automatic fire -extinguishing systems. The covered mall building shall be provided with an automatic fire - extinguishing system conforming to the provisions of U.B.C. - Standard No. 38-1. In addition to these standards, the automatic fire -extinguishing system shall comply with the following: (1) All automatic fire -extinguishing system control valves shall be electrically supervised by an approved cen- tral, proprietary or remote station or a local alarm service which will give an audible signal at a con- stantly attended location. (2) The automatic fire -extinguishing system shall be complete and operative throughout all occupied space in the covered mall building prior to occupancy of any of the tenant spaces. The level of protection provided for unoccupied tenant space shall be subject to the approval of the building official and fire department. The respective increases for area and height for cov. ered mall buildings, including anchor stores, speci- fied in Sections 506 and 607 of this code shall be permitted. Supp. No. 1 648 IIICROFIIMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES § B•17 IOWA CITY CODE ( Standpipes. of dele shall ivering two o, hundred fifty con- nectedcapable a supply (250) gallons per minute at each of the following locations for fire department use: (1) Within the mall at the entrance to an exit passage or exit corridor. in closed (2) At each floor level landing opening directly onto the mallhandnadjacent to pr ng cipal exterior entrances to the mall. (3) Standpipes shall be installed in accordance with the requirements of Chapter 38 of this code. Exception No. 1: Risers and laterals of dry standpipe systems not located within an enclosed stairway need not be rotected by a degree of f ire to thatrequired for verresistance vertical enclosures in the covered mall building. Exception No. 2: In buildings wheYe more be than one standpipe is provided, they need not nected. may be hydraulically sized. Exception No. 3: Piping (c) Smoke control requirements. (1) Purpose. The purpose of smoke control is to restrict smokemovement of general and o mai to nmeans of egressin a usable condi- tion. rol system shall be tivated ke (2) by eral. The operation perat on of oeithernthe sprinkler system, smoke de op detectors or manually subject to approval of the building official. Smoke detectors shall be provided within the return air portion of an air conditioning system and on the tenant side at openings between tenant spaces and the mall. Actuation of either a smoke detector he aior r ,sprinkler system shall cause the air supply on - Supp. No. I 544 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101NE5 BUILDINGS AND BUILDING REGULATIONS § 8-17 ing zone in which the fire occurs to shut down. Dur- ing those hours when the air conditioning system is not operating, smoke detector or sprinkler actuation will transmit an alarm only as required in subsection (a), item 1 of this section. (3) Mall venting. The mall shall have smoke removal ca- pability installed in or near the roof. Such facility may be either natural or mechanical. (4) Acceptance and testing. Before the smoke control system is accepted by the building official, it shall be tested in his presence to confirm that the system is operating in compliance with the requirements of this subsection. (d) Fire deparment access to equipment. Rooms or areas containing controls for air conditioning systems, automatic fire -extinguishing systems or other detection, suppression or control elements shall be identified for the use by the fire department. (e) Tenant separation. Each tenant space shall be sepa- - rated from other tenant spaces by a wall having a fire. resistive rating of not less than one hour. The separation wall shall extend from the floor to the underside of the ceiling. Except as required by other provisions of this code, the ceiling need not be a fire -resistive assembly. A separation is not required in attic spaces above tenant separation walls nor is a tenant separation wall required between any tenant space and a mall, except for occupancy separations required by Section 1113. (f) Public address system. When a public address sys- tem is provided, the system shall be made accessible to the fire department. (g) Intental plastic panels and plastic signs. Within every story or level and from side wall to side wall of each tenant space or mall, approved plastic panels and signs shall be limited as follows: (1) They shall not exceed. twenty (20) per cent of the wall area facing the mall; Supp No, 1 545 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I101nES § 8-17 IOWA CITY CODE (2) They shall not exceed a height of thirty-six (36) inches except that if the sign is vertical, then the height shall not exceed ninety-six (96) inches and the width shall not exceed thirty-six (36) inches; (3) They shall be located a minimum distance of eighteen (18) inches from adjacent tenants; (4) All edges and the back shall be fully encased in metal. (h) Lease plan. Each covered mall building owner shall provide both the building and fire departments with a lease plan showing the locations of each occupancy and its exits after the certificate of occupancy has been issued. Such plans shall be kept current. No modifications or changes in occupancy or use shall be made from that shown on the lease plan without prior approval of the building official. (i) Mixed type of construction. Openings between an anchor store of Types I, II, F.R. or II one-hour construction, and the mall or other ]eased tenant space need not be pro- tected. i (j) Area. The area of a covered mall building of one or two (2) stories shall not be limited if the building is sur- rounded and adjoined by public space, streets or yards not less than sixty (60) feet in width on three (3) sides. (Ord. No. 78-2927, § 2,10-17-78) Sec. 111.2. Exits. (a) General. Each tenant space and the covered mall building shall be provided with exits as required by this section and Chapter 33 of this code. Where there is a con- flict between the requirements of Chapter 33 and the re- quirements of this section, the requirements of this section shall apply. (b) Determination of occupancy load. The occupant load permitted in any individual tenant space in a covered mall building shall be determined as required by Section 3301(d) of this code. Exit requirements for individual tenant spaces shall be based on the occupant load thus determined. Supp. No. 1 646 r MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOMEB BUILDINGS AND BUILDING REGULATIONS § B-17 The occupant load permitted for the covered mall building, assuming all portions, including individual tenant spaces and the mall to be occupied at the same time, shall be de- termined by dividing the gross leasable area by thirty (30) for covered mall buildings containing up to one hundred fifty thousand (150,000) square feet of gross leasable area; by forty (40) for covered mall buildings containing between one hundred fifty thousand and one (150,001) and three hundred fifty thousand (350,000) square feet of gross leas- able area, and by fifty (50) for covered mall buildings con- taining more than three hundred fifty thousand (350,000) square feet of gross leasable area. Exit requirements for the covered mall building shall be based on the occupant load thus determined. The occupant load of anchor stores opening into the mall need not be included in computing the total number of oc- cupants for the mall. (c) Number of exits. Each individual tenant space in i covered mall buildings shall be provided with the number of exits required by Section 8302(a) of this code. In addi- tion to the requirements of Section 3302(a), whenever the distance of travel to the mall within any tenant space used by persons other than employees exceeds seventy-five (75) feet, not less than two (2) exits shall be provided. (d) Arrangement of exits. Group A, Divisions 1, 2 and 2.1 occupancies, other than drinking and dining establish- ments, shall be so located in the covered mall building that their entrance will be immediately adjacent to a principal entrance to the mall and shall have not less than one-half (I/) of their required exits opening directly to the exterior of the covered mall building. Required exits for anchor stores shall be provided indepen- dently from the mall exit system. The occupant load of anchor stores opening into the mall shall not be included in determining exit requirements for the mall. Supp. No. 1 547 MICROFILMED BY JORM MICROLAB CEDAR RARIDS•DES MOIFILS B 17 IOWA CITY CODE 1 ingllatsanllnot exit anchor storeough wherennoorothermeanslloftex tl has been provided shall be considered as a dead end mall. (e) Distance to exits. Within each individual tenant space in a covered mall building, the maximum distance of travel from any point to an exterior exit door, horizontal stairway or exit, exit paageway, enclose mall shall not exceed two hundred (200) feet entrance to the The maximum distance of travel from any point within a mall to an exterior exit door, horizontal exit, exit passage- way or an enclosed stairway shall not exceed two hundred (200) feet. (f) Access to exits. When more than one exit is required, G they shall be so arranged that it is possible to go in either a mall to a separate exit, ex - direction from any point in cept for dead ends not exceeding a length equal to twice s the width of the mall measured at the narrowest location within the dead end portion of the mall. $ The minimum width of exit from a mall shall be sixty-six (66) inches. When exit passageways are present to provide a secondary exit from a tenant space, doors to the exit passageway shall f be one-hour fire doors. Such doors shall be self-closing and oke be so maintained or shall be automatically closing by detection. Storage is prohibited in exit passageways which are also used for service to the tenants. Such exit passageways shall be posted with conspicuous signs so stating. (g) Malts. For the purpose of providing required egress, malls may be considered as corridors, but nand 3304(h)eed not pof i with the requirements of Sections 3304(8) this code when the width of mall is as specified in this section. The minimum width of a mall shall be twenty (20) feet. There shall be a minimum of ten (10) feet clear width to Supp. No. I 54B MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101RE5 ��. BUILDINGS AND BUILDING REGULATIONS § 8-17 a height of eight (8) feet between any projection from a tenant space bordering the mall and the nearest kiosk, vending machine, bench, display or other obstruction to egress. The mall shall be sufficient to accommodate the occupant load immediately tributary thereto. Malls which do not conform to the requirements of this section shall comply with the requirements of Sections 3304 (g) and 3304 (h) of this code. (h) Security grills and doors Horizontal sliding or ver- tical security grills or doors which are a part of a required means of egress shall conform to the following: (1) They must remain secured in the full open position during the period of occupancy by the general public. (2) Doors or grills shall not be brought to the closed position when there are more than ten (10) persons occupying spaces served by a single exit or fifty (50) - persons occupying spaces served by more than one exit. -= (3) The doors or grills shall be openable from within without the use of any special knowledge or effort when the space is occupied. (4) When two (2) or more exits are required, not more than one-half (1/2) of the exits may be equipped with horizontal sliding or vertical rolling grills or doors. Sec. 1113. Occupancy. (a) General. Covered mall buildings shall be classified as Group B, Division 2 occupancies and may contain acces- sory uses consisting of Groups A, E or R, Division 1 occu- pancies. The area of individual accessory uses within a covered mall building shall not exceed three (3) times the basic area permitted by Table No. 5-C of this code for the type of construction and the occupancy involved. The ag- gregate area of all accessory uses within a covered mall building shall not exceed twenty-five (25) per cent of the gross leasable area. Supp. No, 1 549 FIICROFILMEO BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES § 8.17 An attached garage for the storage of passenger ersonsvehicles and having a capacitygga ages °may° more hou nine considered 9aspa separate open parking g building when they are separated araonr having a fire endur- building by an occupancy p hours. ante time period of at least two (2) (b) bfixed occupancy. Individual tenant spaces within a covered mall building which comprise $ Idisti and Is Occof panty;' as flescribed in Chapters 5, other occupancy as this code, shall be separated from any specified in Section 503 (d) of this code. Exception, A main entrance which open7 opens mail need have no separation. (Ord. No. 78-2912, § code are history noted Editor's note—Amendments to the building immediately following the affected subsection. See also the editor's note at § 8-18. ments; conflict witb other regula- Sec. 8.18. Minimum requiretions. The provisions of this code shall be held to be the minimum requirements adopted for the protection of the health, safety lows. and welfare of the citizens t the City a Iowa City, owa or Any higher standard in a statute of the Sapplicable, ppliof le, (Ord. ordinance of the City Iowa City shall be app No. 77-2859, § Note—See the editor's note for § B-18. IOWA CITY CODE Sec. s-19. Fire zones. (a) Generally. The following shallcr stitutwllatszever or one, of the city and no building of any limits, uthereto l ssethe sameair complies tays all be erected within such h the building code of the limits, city and the provisions of this chapter. (b) Fire district. The entire city is hereby declared to be and it is hereby established as a fire district pursuant to the laws of the state. f re zonesdesignated as (c) Fire zones. Tdistrict city 7.ones 1hereby 2 and S. di- vided into three (3) r i Supp. No.1 550 r' MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES i BUILDINGS AND BUILDING REGULATIONS § 8.80 (d) Zoning ordinance. The zoning ordinance of the city and the official zoning map of the city are hereby incorporated into the provisions of this section as hereinafter referred to and by this reference is hereby incorporated herein as though fully set forth in this section. (e,) Fire zm4e limits. The following shall be the fire zone limits for the city: (1) Fire Zone No. 1 shall include all that portion of the City of Iowa City, Iowa, zoned as CB (Central Business Zone), except Blocks 83 and 84 of the original town. (2) Fire Zone No. 2 shall include all that portion of the city zoned as follows: CB (Central Business Zone—Only Blocks 83 and 84) C1 (Local Commercial Zone) CH (Highway Commercial Zone) C2 (Commercial Zone) R3B (Alulti-Family Residence Zone) 1111 (Light Industrial Zone) 1112 (heavy Industrial Zone) IP (Industrial Park Zone) PC (Planned Commercial Zone) (3) Fire Zone No. 3 shall include all that portion of the city zoned as follows: RIA (Single Family Residence Zone) RIB (Single Family Residence Zone) R2 (Two Family Residence Zone) R3 (Multifamily Residence Zone) R8A (Multifamily Residence Zone) (Code 1966, § 3.06.1; Ord. No. 2669; Ord. No. 76-2793, § II, 2-24-76; Ord. No. 78-2926, § 11 (1), (2), 10-17-78) Secs. 8.20-8-30. Reserved. Supp. No, 1 661 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 14011JES § B-31 IOWA CITY CODE ARTICLE III. ABATE51ENT OF DANGEROUS BUILDINGS* Sec. 8.31. Code—Adopted. The Uniform Code for the Abatement of Dangerous Build- ings, 1976 Edition, is hereby adopted subject to the following amendments. (Ord. No. 77-2860, § 2, 9-6-77) Sec. 8.32. Same—Amendments. The Uniform Code for the Abatement of Dangerous Build- ings, 1976 Edition, edited by the International Conference of Building Officials, is hereby amended as follows: (1) Building official. The enforcement of the provisions of this code shall be the responsibility of the building of- ficial and whenever the words health officer or fire marshal shall be used in this code, it shall mean build- ing official. (2) City manager. Whenever the words public works di- ff v rector shall be used in this code, it shall mean the city @ manager of Iowa City. (Ord. No. 77-2860, § 3, 9-6-77) Sec. 8.33. Appeals. Any person affected by any action, interpretation or notice issued by the building official with respect to the Uniform Code for the Abatement of Dangerous Buildings may appeal i the decision of the building official to the board of appeals in 4 accordance with the procedures set forth in the Iowa City Administrative Code. (Ord. No. 77-2860, § 4, 9-6-77) •Editor's note—Ord. No. 77-2860, § 0, enacted Sept. 6, 1977, repealed Ord. No. 2712, enacted April 9, 1974, §§ II and III of which had been codified as Art. 111, §§ 8-31, 8.32, which Code sections were also de- rived from Code 1966, §§ 9.03.1, 9.03.2 and Ord. No. 2687. Sections 2- 4 of Ord. No. 77-2860 have been codified as a new Art. III, §§ 8.31-8.33 at the editor's discretion. Section 6 of the above ordinance provides that copies of the dangerous building abatement code will be available In the city clerk's office. Supp. No. 1 662 1 MICROFILMED RY JORM MICROLAB CEDAR RAPIDS -DES 1101Rfs BUILDINGS AND BUILDING REGULATIONS § 8.46 Secs. 5.34-843. Reserved. ARTICLE 11r. MECHANICAL CODE° Sec. 8.44. Adopted. Subject to the following amendments, the 1976 Edition of the Uniform Mechanical Code is hereby adopted. (Ord. No. 77-2863, § 2, 9-6-77) Sec. 8.45. Amendments. The 1976 Edition of the Uniform Mechanical Code is amend- ed as follows: (a) Section 202 is deleted, (b) Section 304 is amended to read as follows: Any person desiring a permit required by this code shall, at the time of filing an application therefor, pay a fee as required by this section. 1. For the installation or relocation of each forced air or gravity type furnace, floor furnace, suspended heater, recessed wall heater, floor mounted unit heater or burn- er, including ducts and vents attached to such appliance, up to and including 100,000 BTU's, each _ _..__-- $4.00 2. For the installation or relocation of each forced air or gravity type furnace or burner, including ducts and vents, attached to such appliance over 100,000 BTU's, each..................... .... - - ........-....... —$6.00 3. For the installation or relocation of each boiler to and including three (3) horsepower, or each gas fired ab- sorption system to and incliuling 100,000 BTU's, each-.-................. ---------...... ......__ . .$4.00 ' 'Editor's note—Ord. No. 77-2863, § 8, repealed Ord .No. 74-2708, en- acted April 9, 1074, §§ 11, III, and IX of which had been codified as i Art. IV, §§ 8.44-8.48. Sections 2-6 of Ord. No. 77-2863 have been codified as a new Art. IV, §§ 8.44-8.48, at the editor's discretion. Section 7 provides that copies of the Uniform Mechanical Code will be available from the city clerk's office. Supp. No. I 663 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES t101ME5 § 8.45 IOWA CITY CODE 4. For the installation or relocation of each boiler or com- pressor over three (3) horsepower to and including fifteen (16) horsepower, or each gas fired absorption system over 100,000 BTU's to and including 500,000 BTU's, each .... - ...... -- ............. ---- --87.60 5. For the installation or relocation of each boiler or com- pressor over fifteen (16) horsepower and including thirty (30) horsepower or each gas fired absorption system over 600,000 BTU's and including 1,000,000 BTU's, each -------•-------__--•---- —� —;10.00 6. For the installation or relocation of each boiler or com- pressor over thirty (80) horsepower to and including fifty (50) horsepower, or for each gas fired absorption system over 1,000,000 BTU's to and including 1,750,000 BTU's, each .--------••--- - --- --- —$16.00 7. For the installation or relocation of each boiler or re- frigeration compressor over fifty (50) horsepower, or each gas fired absorption system over 1,750,000 BTU's, each---....-------- —--------------------- — ......... ............... .... $25.00 8. For the installation or relocation of each commercial or industrial type incinerator, each _......_._......__..20.00 9. For the installation or relocation of each domestic type incinerator, each ..__...._. -__.......__-.....-.....__._—.$6.00 10. For each appliance or piece of equipment regulated by this code but not classed in other appliance categorise; or for which no other fee is listed in this code; each------------------ —... --...................................... _-$8.00 (c) Section 508 is amended by deleting the number eighteen (18) and substituting the number forty-eight (48). (d) Section 601(d) is amended to read as follows: Insufficient apace—Gas and liquid. Except as otherwise provided for in this chapter, rooms or spaces that do not have the volume as specified in subsection (b) of this sec- tion in which a gas or liquid fuel -burning appliance or appli- ances are installed shall be provided with minimum unob- Supp. No. 1 664 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIJES BUILDINGS AND BUILDING REGULATIONS § 8.48 structed combustion air openings equal to that set forth in Section 607 and as specified in Section 603 of this code. (e) Section 918(b)6 is amended by deleting the number six (6) and substituting the number twenty-four (24). (f) Section 1005 is amended by adding the following to the last paragraph. Insulation on the exterior of any duct shall comply with Table 10-1). (g) Section 1008(1) is amended to read as follows: (1) Use of such spaces shall be restricted to one-story portions of single-family residences when used for heating only and not including comfort cooling. (h) Section 2211(J) is deleted. (Ord. No. 77-2863, § 3, 9-6-77) Sec. 8-46. Appeals. Any person affected by any action, interpretation or notice issued by the building official with respect to the Uniform Mechanical Code may appeal the decision of the building of- ficial to the board of appeals in accordance with the proce- dures set forth in the Iowa City Administrative Code. (Ord. No. 77-2863, § 4, 9-6-77) Sec. 8-47. ]Minimum requirements; conflicts in provisions. The provisions of this code shall be held to be the minimum requirements adopted for the protection of the health, safety and welfare of the citizens of the City of Iowa City, Iowa. Any higher standard in a statute of the State of Iowa or ordinance of the City of Iowa City shall be applicable. (Ord. No. 77-2863, § 5, 9-6-77) Sec. 8.48. Violation notices; slop -work orders; penalties; abatement. (a) Notices: (1) Whenever the building official is satisfied that a build- ing or structure or any work in connection therewith, Supp. No. 1 666 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOMES ( 6 8.48 IOWA CITY CODE the erection, construction, alteration, execution or re- pair of which is regulated, permitted or forbidden by this article is being erected, constructed, altered or re- paired in violation of the provisions or requirements of this article or in violation of a detailed statement or of a plan submitted and approved thereunder or of a per- mit or certificate issued thereunder, he may serve a written notice or order upon the person responsible therefore directing discontinuance of such illegal action and the remedying of the condition that is in violation of the provisions or requirements of this article. (2) In case such notice or order is not promptly complied with, the building official may request the city attorney to institute an appropriate action or proceeding at law or in equity to restrain, correct or remove such viola- tion or the execution of work thereon or to restrain or correct the erection or alteration of or to require the removal of or to prevent the occupation or use of the building or structure erected, constructed or altered in violation of or not in compliance with the provisions of this article or with respect to which the require- ments thereof or of any order or direction made pursu- ant to provisions contained therein shall not have been complied with. (b) Stopping work: Whenever in the opinion of the build- ing official, by reason of defective or illegal work in violation of a provision or requirement of this article, the continuance of a building operation is contrary to public welfare, he may order, either orally or in writing, all further work to be stopped and may require suspension of work until the con- dition in violation has been remedied. (c) Penalties: (1) A person who shall violate a provision of this article or fail to comply therewith or with any of the require- ments thereof or who shall erect, construct, alter or repair or has erected, constructed, altered or repaired a building or structure in violation of a detailed state - Supp. No. 1 666 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES BUILDINGS AND BUILDING REGULATIONS § 8.57 i ment or plan submitted and approved thereunder shall be guilty of a misdemeanor punishable by a fine not exceeding one hundred dollars ($100.00) or imprison- ment not exceeding thirty (30) days. i (2) The owner of a building, structure or premises where anything in violation of this article shall be placed or shall exist, and an architect, builder, contractor, agent, person or corporation employed in connection there- with, and any who may have assisted in the commis- sion of such violations shall each be guilty of a separate offense. (d) Abatement: The imposition of penalties herein pre- scribed shall not preclude the city attorney from instituting an appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, con- version, maintenance or use or to restrain, correct or abate a violation or to prevent the occupancy of a building, structure or premises. (Ord. No. 77-2863, § 6, 9-6-77) Secs. 8.49-8-57. Reserved. Supp. No. I 666.1 / MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES Chapter 9.1 CITY PLAZA* Sec. 9.1.1. Purpose. It is the intent of this chapter to regulate the use of City Plaza in order to promote the public interest by: (a) Making City Plaza an active and attractive pedestrian environment; (b) Providing the opportunity for creative, colorful, pedes- trian -focused commercial and cultural activities on a day/night, year-round and seasonal basis; (c) Encouraging commercial activities which add interest, charm, vitality, diversity and good design to City Plaza; (d) Encouraging the upgrading of store -fronts and the de- velopment of compatible and well-designed elements within Zone 1; (e) Controlling the use of vehicles and bicycles in City Plaza. The intent of the City Plaza Use Regulations is that private development within City Plaza is to be permitted sparingly and only for those proposals that are of the highest quality. It is not to be considered a "use by right." (Ord. No. 78-2898, § 1, 6-16-78) Sec. 9.1-2. Definitions. (For the purposes of this chapter, the following terms shall have the meanings stated herein:] •Editor's note—Ord. No. 78.2894, §11-11, enacted May 16, 1978, was nonnmendatory of the Code and has been included as Ch. 9.1, §§ 9.1-1- 9.1-11, at the editor's discretion. Cross references—Advertising, Ch. 3; animals and fowl, Ch. 7; build- ing regulations, Ch. 8; licenses, Ch. 21; motor vehicles and traffic, Ch. 23; peddlers, Ch. 26; streets, sidewalks and public places, Ch. 31. Supp. No, I 689 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES F1019ES § 9.1-2 IOWA CITY CODE /'N Ambulatory vendor: An individual selling goods or services and operating without the use of a mobile vending cart or kiosk and with a minimum of equipment, e.g., balloons, por- trait artist. Audio ambience: A localized use of sound intended to create a pleasant, relaxing atmosphere. Basement extension: Any use of Zone 1 at an elevation be- tween City Plaza level and the basement level that is visually exposed to or intrudes upon the City Plaza in any manner. Building extension: Any permanent construction in Zone 1 that is directly attached to an existing building. City plaza: That area of public right-of-way extending from the northern right-of-way line to the southern right-of-way line of College Street from the eastern right-of-way line of Clinton Street to the western right-of-way line of Linn Street; and extending from the western right-of-way line to the east- ern right-of-way line of Dubuque Street from the southern right-of-way line of Washington Street to the northern right- of -way line of the alley between Burlington Street and College Street. Kiosk: A small structure that is stationary but may be permanent or seasonal in nature. Landscaping: Live plant material used strictly for an orna- mental or ecological purpose. J Mobile vending cart: A nonmotorized structure on wheeels that is easily moved and is used for vending. I Permanent construction: Any structure erected for a year- round use. Publicsvay: The City Plaza and adjoining street. Seasonal construction: Any structure erected for a seasonal or temporary activity and which is removed from the plaza off-season. (Ord. No. 78-2894, § 2, 6-16-78) Supp. No. 1 640 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOVIES CITY PLAZA § 9.1.5 Sec. 9.1-3. Description of mall zones. (a) Zone 1: The ten (10) feet directly adjacent to the pri- vate property line. Zone 1 extends the length of the City Plaza along all sides of the plaza. (b) Zone 2: The six-foot pedestrian lanes adjoining Zone 1 on each side, the emergency/service lane, the landscaped areas and the areas with street furniture and features. (c) Zone S: Areas within the plaza other than Zone 1 and Zone 2 that have been designated for private development. The zones are illustrated in the attached City Plaza plan. (Ord. No. 78-2894, § 3, 5-16-78) Note—The City Plaza plan is not included herein; it may be found on file in the office of the city clerk. Sec. 9.1-4. Bicycle regulations. No person shall ride a bicycle within City Plaza. No bicycles shall be left unattended within City Plaza unless located in a bicycle rack. Any violation of this section shall be a mig- demeanor. (Ord. No. 78-2894, § 4, 5.16-78) Sec. 9.1-5. Motor vehicle regulations. Except as otherwise provided herein, no motor vehicles, ex- cept emergency vehicles, shall be operated within the limits j of City Plaza without a permit. A permit for the operation of motor vehicles within City Plaza may be issued by the city manager upon application according to the following proce- dures: (a) Any business located on property which does not other- wise abut a public right-of-way other than City Plaza may be granted a continuing permit upon a showing j that such is necessary to provide for the delivery of goods to or from the business. Such permit shall allow the presence of the vehicle within the plaza only during active loading and unloading. (b) Any individual may be granted a temporary permit upon a showing that the placement or operation of a Supp. No. 1 641 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 140I11E5 § 9.1-6 IOWA CITY CODE motor vehicle upon City Plaza for a specified, limited period of time, is necessary. (c) A service vehicle operated by the City of Iowa City may operate within City Plaza without a permit when performing necessary maintenance which requires the use of the vehicle. Any violation of this section shall be a misdemeanor. (Ord. No. 78-2894, § 6, 6-16-78) See. 9.1.6. Animal regulations. Notwithstanding the provisions of any other city ordinance, no person shall take, accompany or allow any animal into City Plaza, except this provision shall not apply to a Seeing Eye dog being used to assist a blind person. (Ord. No. 78-2894, § 6,5-16-78) Sec. 9.1.7. Use of City Plaza. (a) Permitted uses: Permitted uses include those listed j below. Other uses consistent with the purposes stated in l Section 9.1-1, Purpose, may be permitted if specifically ap- proved. When a mobile or temporary use is allowed, it is understood that this authorization does not extend to Zone 1 or Zone 3 areas which are already leased for other purposes; e.g., mobile vending carts may not approach patrons seated in a sidewalk cafe. (1) Ambulatory vendors, e.g., balloons or portraits (Zone 1, 2, 3). (2) Mobile vending carts for food, flowers/plants, news- papers/magazines, etc. (Zone 2). (3) Sidewalk cafe (Zone 1, 3). (4) Stairways to basements. Pursuant to Chapter 104A of the Code of Iowa, they shall only be permitted when the business on the basement level has an alternate entrance which makes it accessible to the handicapped or otherwise complies with state law (Zone 1). Supp. No. 1 642 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES CITY PLAZA 3 9.1-7 (5) Display window extensions (Zone 1). (6) Building front and/or basement extensions provided the use of the extension is the same as the store ac- tivity (Zone 1). (7) Kiosks (Zone 3). (3) Landscaping (Zone 1). (0) Arts and crafts sales of handmade articles by an or- ganized guild, association or club on an occasional basis (Zone 1, 2, 3). (10) Sales or exhibits by individual artists or artisans and food vending on a temporary basis for special events (Zone 1, 2, 3). 01) Events of an educational or entertainment nature. (b) Usable area: (1) Zone 1: Permits may be issued for any part of Zone 1. Building extensions shall only be allowed where, in the �i Judgment of the city council, such extensions enhance the quality of City Plaza. (2) Zone 2: The usable areas are as shown on the attached Plaza diagrams. (3) Zone 3: The usable areas are as shown on the attached plaza diagrams. (4) Plaza landscaping may be modified or removed to a limited extent, if the net effect enhances the ambience of the City Plaza and if approved as part of the permit application. The applicant in such cases must agree to restore the plaza landscaping to its original condition upon termination of the permit and provide a bond or escrow account in an amount determined by the city. (c) Days and hours of operation: Kiosks and buildings extended into the City Plaza are to be open at least during businessnormal retail thr ugh ut the year.Sde walk cafes, seasonal kiosks and me. Supp. No. 1 643 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES 6 0.1-7 IOWA CITY CODE��; bile carts may operate seasonally but must at least be in operation substantially during normal retail business hours, Monday through Saturday, May 1 to October 1. Other months of operation may be granted by permit for seasonal kiosks and mobile carts when the product is related to another season. (d) Noise control: Any request for the use of sound must be specifically approved and may be permitted only if it will encourage an audio ambience within the City Plaza, while at the same time protecting the general public from an overload, volume or type of sound that is disturbing or inappropriate for a pedestrian area. (e) Insurance and indemnification: The applicant shall agree to indemnify, defend and save harmless the City of Iowa City, its agents, officers and employees, from and against all claims, damages, losses and expenses in any man- ner resulting from, arising out of or connected with the construction, use, maintenance or removal of any structure, cart or use. The applicant shall at all times maintain a policy of liability insurance in the minimum amount of three hun- dred thousand dollars ($300,000.00) for personal injuries, and fifty thousand dollars ($50,000.00) for property dam- age arising out of the permitted operation. The applicant sliall file, in the office of the city clerk, a copy of the liability insurance policy executed by a company authorized to do in- surance business in the State of Iowa in a form appproved by the city clerk. The policy shall further provide thirty (30) days' notice of cancellation or material change to the city clerk. Such cancellation or change without written approval shall revoke the permit or lease. (f) Performance tine limits: Sidewalk cafes, seasonal kiosks and mobile vending carts must be in operation within sixty (60) days of the start date provided for the permit, or the permit approval shall automatically expire. Permanent kiosks and building extensions shall be completed and in op- eration within such reasonable time as set in the permit, which shall in no event exceed one year. Supp. No. 1 644 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11011105 CITY PLAZA § 9.1-8 (g) Maintenance: The applicant is responsible for main- taining the area within and in proximity to his location in a clean and hazard -free condition, including snow removal for a distance of ten (10) feet from any structure occupied by the appplicant. Suppementary trash containers must be provided if considered necessary and specified in the lease or permit. All landscap- ing provided by the applicant and the exterior of all struc- tures, kiosks and carts must be maintained by the applicant in good condition. (h) Illumination: Nighttime interior illumination of all building front and basement extensions, display window ex- tensions, basement stair wells and kiosks is required during hours of operation. (i) Newspaper vending machines: Newspaper vending ma- chines may be located on the plaza at no charge but must be installed only at the specific locations and in the manner rte, specified by the city. (j) Construction costs: All costs of construction are to be paid by the applicant, including costs of damage or repair to the City Plaza caused by the construction. (Ord. No. 78- 2894, § 7, 6.16-78) Sec. 9.1.8. City Plaza use permits. (a) Mobile vendors: Specific locations have been desig- nated within the boundaries of City Plaza for the operation of mobile vending carts. Each mobile vending permit shall carry with it the authorization to operate at two (2) desig- nated locations, between which the vendor shall circulate fre- quently. The vendor may sell in transit if a request is made, provided the primary trade shall be conducted at one of the designated locations. The city manager or his/her appointed designee may issue a permit to operate a mobile vending cart in the public right- of-way of City Plaza after careful consideration and assur- ance that the following conditions have been or will be met: Supp. No. 1 646 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOnIEs 5 9.1.8 IOWA CITY CODE (1) An authorized designated mobile vending location is available which will not interfere with the operation of an existing mobile vendor. (2) The applicant's proposed mode of operation will not impede the free flow of pedestrian traffic along the City Plaza right-of-way, or in and out of retail estab- lishments fronting on the plaza. (3) The applicant agrees to operate his/her business only within the boundaries of City Plaza and only at desig- nated mobile vending locations, or in transit between them. (4) The dimensions of the applicant's vending cart shall not exceed a size of four (4) feet wide by eight (8) feet long by six (6) feet high. (5) The applicant shall store the vending cart off the public right-of-way and shall describe the provisions for stor- age in the permit application. (6) The applicant has obtained all necessary permits re- quired by the Johnson County Department of Health. The sale or assignment of a mobile vending permit for City Plaza is expressly prohibited. (b) Ambulatory vendors. The city manager or his/her ap- pointed designee may issue a permit for the purposes of am- bulatory vending in the public right-of-way of City Plaza after careful consideration of the applicant's proposed busi- ness and assurance that the following conditions have been or will be met: (1) The applicant will operate without the use of a mobile vending cart and with a minimum of equipment. (2) The applicant's proposed mode of operation will not impede the free flow of pedestrian traffic along the City Plaza right-of-way or in and out of retail estab- lishments fronting on the plaza. (3) The applicant will conduct his/her vending completely within the boundaries of City Plaza. Supp. No. 1 646 r �•tir MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES woIREs CITY PLAZA ¢ 9.1.8 (4) The applicant has obtained all necessary permits re- quired by the Johnson County Department of Health. The sale or assignment of an ambulatory vending permit for City Plaza is expressly prohibited. (c) Permanent and temporary structures: The city man- ager, upon approval of city council, may enter into an agree- ment for the lease of public right-of-way in the City Plaza for the construction of a permanent structure at a site desig- nated for a kiosk or as an addition to an existing store front or for the temporary or seasonal use of Zone 1 by the owner or operator of abutting property. Said lease shall only be entered into after careful consideration and assurance that the following conditions have been or will be met: (1) Building design: a. Additions to buildings shall in scale and design be harmonious with permanent neighboring struc- tures and with the City Plaza. b. Materials shall be suitable for the style and design of buildings in which they are used. c. Materials which are architecturally harmonious shall be used for all building walls and other ex- terior building components wholly or partly visible from public ways. d. Selection of materials shall be guided by the fol- lowing: 1. Harmony with adjoining buildings, 2. Relationship to the brick and wood theme of City Plaza, 3. Materials shall be of durable quality. e. Building components such as windows, doors, eaves and parapets shall have good proportions and re- lationship to one another. Supp. No. 1 647 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MunlEs § 9.1.8 IOWA CITY CODE f. Colors shall be selected for their harmony and/or ability to complement the color scheme of the City Plaza. Bright or brilliant colors shall be used only for accent. g. Mechanical equipment or other utility hardware on roof, ground or buildings shall be screened from public view with materials harmonious with the building, or they shall be located so as not to be visible from any public ways. h. Exterior lighting shall be part of the architec- tural concept. Fixtures, standards and all exposed accessories shall be harmonious with building de- sign. (2) Signs: i a. All signs shall be part of the architectural concept. Size, color, lettering, location and arrangement shall be harmonious with the building design and shall be compatible with signs on adjoining build- ings. b. Materials used in signs shall have good architec- tural character and be harmonious with building design and the materials used in the City Plaza. S c. Every sign shall in scale and in proportion ex- press an appropriate visual relationship to build- ings and surroundings. d. Colors shall be used harmoniously and with re- straint. Excessive brightness and brilliant colors shall be avoided. Lighting shall be harmonious with the design. If external spot lighting is used, it shall be arranged so that the light source is shielded from view. (S) Additional criteria: The design review committee may, from time to time, formulate additional design criteria for the review of proposed construction pursuant to this chapter. Such criteria shall become effective only when adopted by the city council by resolution. Supp. No. 1 648 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES CITY PLAZA § 9.1-9 No building permit for the construction of any temporary or permanent structure or for any building extension, to be constructed pursuant to this chapter, shall be issued until plans for said construction Have been reviewed by the design review committee and approved by the city council. The de- sign review committee shall, within thirty (30) days of receipt of said plans, review the plans and advise approval, approval with conditions or disapproval in a written report forwarded to the city council and the applicant. If the design review committee recommends approval with conditions, it shall re- quire the affirmative vote of five (5) members of the city council to constitute city council approval pursuant to this section unless such conditions are met; and if the design review committee recommends disapproval, it shall require the affirmative vote of five (5) members of the city council to constitute city council approval pursuant to this section. (Ord. No. 78-2894, § 8, 5-16-78) Sec. 9.1-9. Application procedures. (a) In order to obtain a permit pursuant to this chapter, the applicant shall file an application with the city manager or his/her designee. In order to be considered, the applica- tion and attachments shall contain sufficient information to fully determine the intent of the applicant and to insure full compliance with this chapter. The city manager shall estab- lish the requirements for applications and shall establish the procedures for review of all applications. (b) Prior to the issuance of any permit or authorization of any lease which includes the construction of any improve- ments, the design of such improvements shall be submitted to the design review committee for review. The design review committee shall review the plans submitted and shall make a written recommendation to the city manager. In making its recommendations the design review committee shall consider the criteria set forth in Section 9.1-8(c) of this chapter. (c) In cases where there may be more than one application for a particular location, or the city manager considers it in the public interest to solicit proposals, the city manager shall Supp. No. 1 649 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140HIFs § 9.1-9 IOWA CITY CODE establish such selection procedures as he/she deems fair, rea- sonable and appropriate. (d) Applications for a change of use shall follow the same procedure and be subject to the same review and approval criteria as new applications (Ord. No. 78-2894, § 9, 5-16-78) Sec. 9.1-10. Fees. The city council shall periodically review and revise, as ap- propriate, by resolution, fees for the lease of property and for the issuance of permits authorized herein. (Ord. No. 78.2894, § 10, 5-16-78) Sec. 9.1.11. Renewal and termination. (a) Permits for permanent construction shall be for the term specified in the lease agreement or until terminated or revoked by the city manager pursuant to the lease agreement. (b) Other permits for specific locations are for one year, then renewable automatically for one additional year, pro- r ` vided the permittee operated at least three (3) months dur- ing the first year. (c) Permits are nontransferable. Leases may be assigned or sublet only upon prior written approval of the city council. (d) Upon revocation or termination of any permit, the per- mittee shall be responsible for removing the structure and re- storing the permit area to its condition prior to the issuance of the permit. (Ord. No. 78-2894, § 11, 5-16-78) Supp. No. 1 650 (The next page to d89] r �r MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110MES Chapter 10 ELECTIONS' Art. 1. In General, §§ 10-1-30.15 Art. IL Municipal Election Campaign Finance Regulations, §§ 10-16- 30-33 Art. III. Precincts, §§ 1034, 10.35 ARTICLE 1. IN GENERAL Sec. 10-1. Permanent registration. (a) Pequired. There is hereby adopted in the city the plan of permanent registration for voters therein; and no qualified voter shall be permitted to vote at any election unless such voter shall register as provided in Chapter 48 of the Code of Iowa, as amended. (b) Definition. For the purpose of this section the word "election" shall be held to mean general, municipal, special, school, or primary elections, and shall include state, county, and municipal elections. (Code 1966, §§ 2.50.1, 2.50.2; Ord. No. 2645 ) Secs. 10.2-10-15. Reserved. ARTICLE II. MUNICIPAL ELECTION CA 1PAIGN FINANCE REGULATIONS Sec. 10-16. Short title. This article may be cited as the "Iowa City Municipal Elec- tion Campaign Finance Ordinance." (Ord. No. 75-2783, § II, 9-30-75) Sec. 10.17. Purpose. The purpose of this article is to promote the general wel- fare of the citizens of Iowa City, Iowa, by requiring public disclosure of contributions received by candidates and political -Cross reference—Administration generally, Ch. 2. Supp. No. 1 669 MICROFILMED BY JORM MICROLAB CEDAR RAP1os.oEs 110nus § 10-17 IOWA CITY CODE committees, the names and addresses of contributors to such candidates or political committees and the purpose and amounts of expenditures in political campaigns for candidates and ballot issues in municipal elections; and providing penal- ties for violation of this article. (Ord. No. 75-2783, § I, 9-30- 75; Ord. No. 77-2831, § II, 4-26-77; Ord. No. 77-2867, § 2(A), 10-25-77) Sec. 10-18. Definitions. As used in this article, the following terms shall have the indicated meanings: Campaign Jnnctiovt means any meeting related to a candi- date's campaign for election. Candidate means any individual who has taken affirmative action to seek nomination or election to a municipal public office. Candidate's committee means the committee designated by the candidate to receive contributions, expend funds, or incur indebtedness in excess of one hundred dollars ($100.00) in any calendar year on behalf of the candidate. Committee, means a political committee and a candidate's committee. Contribution means: (1) A gift, loan, advance, deposit, rebate, refund, or trans- fer of money or a gift in kind. (2) The payment, by any person other than a candidate or Political committee, of compensation for the personal services of another person which are rendered to a candidate or political committee for any such purpose. "Contribution" shall not include a person's time donated to promote a candidate's nomination for election or to support or oppose a ballot issue. "Contribution" shall not include re- freshments served at a campaign function so long as such refreshments do not exceed fifty dollars ($50.00) in value Supp. No. 1 670 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110InEs I I ELECTIONS 5 10-19 or transportation provided to a candidate so long as its value computed at a rate of ten cents ($0.10) per mile does not exceed fifty dollars ($50.00) in value. Disclosure report means a statement of contributions re- ceived, expenditures made, and indebtedness incurred on forms prescribed by the Iowa Campaign Finance Disclosure Commission and approved by the Iona Administrative Rules Review Committee. Election shall mean any primary, general, or special election held in the city. .1luuicipal public office means the city council. Persout means, without limitation, any individual, corpora- tion, government or governmental subdivision or agency, busi- ness trust, estate, trust, partnership or association, labor union, orally other legal entity. Political committee means a committee, but not a candi- date's committee, which shall consist of persons organized for the purpose of accepting contributions, making expenditures, or incurring indebtedness in the aggregate of more than one hundred dollars ($100.00) in any one calendar year for the purpose of supporting or opposing a candidate for public office or ballot issue. (Ord. No. 75-2785, § III (a)—(i), 9-80- 75; Ord. No. 77-2867, § 2 (B), 10-25-77) Cross reference—Rules of construction and definitions generally, d 1-2. Sec. 10-19. Limitation on campaign contributions. (a) Contributions by persons. With regard to elections to fill a municipal public office or for a ballot issue, no person shall make, and no candidate or committee shall solicit or accept, any contribution which would cause the total amount contributed by any such contributor with respect to a single election in support of or opposition to such candidate or ballot issue, including contributions to political committees support- ing or opposing such candidate or ballot issue, to exceed fifty dollars ($50.00). Supp. No. 1 671 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES n011lEs § 10-19 IOWA CITY CODE (b) Contributions in mune of avotker. \Pith regard to elec- tions to fill a municipal public office, it person shall not make a contribution or expenditure in the name of another person, and a person shall not knowingly accept a contribution or ex- penditure made by one person in the name of another. (c) Sources derived from loaus. Any candidate or commit- tee receiving funds, the original source of which was a loan, shall be required to list the lender as a contributor. No candi- date or committee shall knowingly receive funds from a con- tributor who has borrowed the money without listing the original source of such money. (Ord. No. 75-2783 §§ V, VII (a), 9-30-75; Ord. No. 75-2786, § I, 10-14-75; Ord. No. 77- 2831, § III, 4-26-77; Ord. No. 77-2867, § 2(D), 10-25-77) Sec. 10.20. Reporting requirements. (a) All committees required to make disclosure reports under Chapter 56, Code of Iowa, 1977, as amended, with re- gard to elections to fill a municipal public office or a municipal ballot issue, shall file with the city clerk a copy of all dis- closure reports required to be filed by such Chapter 56, Code of Iowa, 1977, as amended. The time deadlines and other re- quirements of Chapter 56, Code of Iowa, 1977, as amended, shall apply to all disclosure reports required to be filed by this section. (b) All committees required by subsection (a) of this sec- tion to file reports with the city clerk shall, in addition to those reports, file with the city clerk a detailed and exact account of the name and address of every person making con- tributions of ten dollars ($10.00) or more, and the date, amount, and kind of the contribution. Committees supporting or opposing candidates for municipal public office shall file reports five (5) days prior to any election in which the name of the candidate or ballot issue which they support or oppose appears on the printed ballot and thirty (30) days following the final election in a calendar year in which the candidate's name or ballot issue appears on the ballot. A committee sup- porting or opposing a ballot issue shall continue to file dis- Supp. No. 1 672 MICROFILMED BY JORM MICROIAB CEDAR RAPIDS -DES I701t1Es ELECTIONS 410-22 closure statements every thirty (30) days until it dissolves. These reports shall be current to five (5) days prior to the filing deadline. (c) Each candidate shall submit a list of all committees recognized by the candidate as working in his or her behalf. This list shall be submitted at least five (5) days prior to any election for which the candidate's name appears on the printed ballot. The candidate shall notify the city clerk of any changes in the list within seventy-two (72) hours of the effective date of the change. (d) The requirements of this article shall apply to non- profit organizations or corporations which solicit, use or ac- cept contributions and any part thereof to support or oppose a ballot issue. (Ord. No. 75-2783, § IV, 9-30-75; Ord. No. 77- 2867, § 2(C), 10-25-77) Sec. 10.21. Committees supporting two or more candidates or ballot issues. Contributions made to a committee and expenditures made by a committee which supports the election to municipal public office of two (2) or more candidates, or which supports or opposes ballot issues, shall be prorated equally among such candidates and issues. (Ord. No. 75-2783, § V1, 9-30-75; Ord. No. 77-2867, § 2(E), 10-25-77) See. 10-22. Penalties for violation. (a) The violation of any provision of this article is a mis- demeanor. Any person who violates any provision of this ar- ticle shall upon conviction be subject to punishment as pro- vided in section 1-8 of this Code. (b) If, after his or her election, a candidate is convicted of any violation of any provision of this article, or is adjudged by a court of competent jurisdiction to have violated any provision of this article, the election to office of such candi- date shall be void and such office shall become vacant im- mediately thereupon, or vacant on the date upon which the Supp. No. 1 673 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES § 10-22 IOWA CITY CODE candidate, if he or she is not an incumbent, would otherwise take office. In such event, the vacancy shall be filled in ac- cordance with applicable procedures. If, prior to his or her election, a candidate is convicted of a violation of this article, or is adjudged by a court of competent jurisdiction to have violated any provision of this article, his or her candidacy shall be terminated immediately and he or she shall no longer be a candidate for that election and will be ineligible to hold municipal elective or appointive office for a period of five (5) years from and after the day of his or her conviction or ad- judication of violation. (Ord. No. 75-2763, § VIII, 9-30-75) Sees. 10-23-10.33. Reserved. ARTICLE Ill. PRECINCTS Sec. 10.34. Establishment. There is hereby established in the city the voting precincts set out in this article. (Code 1966, § 2.50.3; Ord. No. 2645; Ord. No. 2652; Ord. No. 2664) 1 Sec. 10.35. Boundaries. The area encompassed within the voting precincts shall be that indicated in this section: (1) Precinct one (1): Beginning at intersection of River- side Drive and West Benton Street, then north along Riverside Drive to center -line of Chicago, Rock Island and Pacific Railroad right-of-way, west along said right-of-way to intersection with Olive Street, north along Olive Street to Myrtle Avenue, west along Myrtle Avenue to Brookland Place, north along Brook - land Place to Drookland Park Drive, west along Brook - land Park Drive to Melrose Court, north along lielrose Court to Melrose Avenue, west along Melrose Avenue to corporate limits of City of Iowa City, follow corpo- rate limits of City of Iowa City southeast, then south, then west, then south, then west, then south, to inter - Supp. No. 1 674 # MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111Es I ELECTIONS !; 10-35 1 section with Oakcrest Street, east along Oakcrest Street to intersection with Oaknoll Drive, south along Oak- noll Drive to intersection with West Benton Street, east along West Benton Street to point of beginning. (2) Prechict hoo (2): Beginning at intersection of center- line of Chicago, Rock Island and Pacific Railroad right- of-way and center -line of main channel of Iowa River, north along center -line main channel of Iowa River to Burlington Street bridge, west along Burlington Street bridge onto Grand Avenue and continue west along Grand Avenue to intersection with Varsity Heights extended north, south along northern extension of Varsity Heights and along Varsity Heights to Mel- rose Avenue, west along Melrose Avenue to Grand Ave - Supp. No. I 674.1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I10INES v Chapter 11 ELECTRICITY* Art. I. In General, §§ I1.1-11.23 Art. IL Administration and Enforcement, §§ 11-24-11-37 Art. 111. Licenses, Certificates, Permits and Inspections, §§ 11-38- 11.53 ARTICLE 1. IN GENERAL Sec. 11-1. Short title. This chapter, and all provisions incorporated herein by ref- erence or otherwise, shall be known as the Electrical Code, may be cited as such and will be referred to herein as such and as "this code." Where the Municipal Code of the City of Iowa City is the subject of reference in this chapter, it will be re- ferred to herein as "Iowa City Municipal Code." (Ord. No. 78-2884, § III, 8-7-78) Sec. 11-2. Scope. The provisions of this code shall apply to the electrical conductors and equipment installed within or on public and private structures and premises; also the conductors that connect the installations to a supply of electricity and other outside conductors adjacent to the premises; also mobile homes used for human occupeacy within loYva City. Additions, alterations and repairs to existing electrical equipment shall comply with the provisions of this code. (Ord. No. 78-2884, § III, 8-7-78) 'Editor's note—Ord. No. 78.2884, enacted March 7, 1978, repealed Ch. 9.20 of the 1966 Code, which has been recodified as Ch. 11, Art. 1, §§ 11.1-11-17, Art. 11, Div. 1, §§ 11-29-11-32, Div. 2, §§ 11-40- 11.50, Art. III, §§ 11.62—I1-71; Art. IV, §§ 11-83-11.95 of this Code. Sections II and III of the above ordinance contained provisions which the editors have designated as Art. I, §§ 11.1—I1-12, Art. II, §§ 11- 24-11.27, and Art. III, §§ 11-38-11-63, at their discretion for pur. poses of classification. Croce references—Department of housing and inspection services, Ch. 2, Art. VI; building regulations, Ch. 8; fire prevention, Ch. 12; housing, Ch. 17; utilities, Ch. 33. Supp. No. 1 787 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111[5 I § 11.3 IOWA CITY CODE 1 Sec. 11.3. Definitions. For purposes of this code„ the following definitions shall apply: Electrical work: Shall mean all uses, installations, altera- tions, repairs, removals, replacements, connections, disconnec- tions and maintenance of all electrical equipment. (Ord. No. 78-2884, § III, 3-7-78) Sec. 11.4. Adoption of National Electrical Code. Subject to the following amendments, the 1978 National Electrical Code is hereby adopted. (Ord. No. 78-2884, § II, 3-7-78) Cross references—Building code, Ch. 8, Art. 11, fire prevention code, Ch. 12, Art. II; plumbing code adopted, § 28.2. State law reference—Adol ion of codes by reference, I.C.A. § 380.10. Sec. 11.5. Amendments to the code. (I) Iowa City amendments to the National Electrical Code (are as follows:] (a) Kitchen outlets. No point on a wall shall be more than four (4) feet from an outlet when measured horizon- tally along the floor or table top line. (b) Basement lighting fixtures. In all types of occupancies except industrial, one permanent lighting fixture shall be provided for each two hundred (200) square feet of floor area. Stairway lighting shall not be included when calculating the required number of fixtures for the grass floor area of basements or cellars. (c) Stairway lighting shall be located so that stair treads shall never be shadowed by a person using them, The light fixtures shall be located at the top and the bottom of the stairs and any dark area. (d) Electrically powered heating units, such as oil burners, gas burners, stokers or other electrically controlled heating units shall use an approved number of protec. tive devices on the electric supply and control lines to Supp. No. 1 738 MICROFILMED BY JORM MICROLAB CEDAR RARIDS•DES 1101RE5 ELECTRICITY § 11•h limit the action of the equipment when hazardous tem- peratures or conditions arise. New and old work shall be supplied'by a separate circuit, with a properly fused switch at the heating unit. All heating units shall be properly grounded. All wiring on the heating units shall be in electrical metallic tubing, rigid conduit or flexible metallic tubing. (e) Exit lights. The exits from any room or building, public or private, used for public gathering whether for wor- ship, lodge activity, retail store or entertainment, shall have all exits properly lighted and designated by an electrically illuminated exit sign. All stairways in pub- lic buildings, nursing homes, apartments, retail stores and hotels shall be properly lighted and designated by an electrically illuminated sign. Circuits for exit light- ing shall be installed in raceway "separate from any other raceway" or circuits of the building. Such cir- cuits shall be connected ahead of the main disconnect and controlled independently. (f) The minimum height of the service entrance head shall be twelve (12) feet above the ground or grade line. (g) No service drop shall parallel a window or be located so as to prevent raising a ladder to the window. (h) Services on ranch type buildings where a service en- trance goes through the roof must be not less than two-inch rigid steel and extended above the roof not less than thirty-six (36) inches complete with service head and thirty-six (36) inches of wire extending from service head. Pipe is to be secured on the wall with two -hole straps or the equivalent and weatherproofed where it extends through the roof. (i) All service entrances in the central business district shall be rigid conduit. No service entrance shall be run through electric tubing in concealed walls or partitions unless protected by at least two (2) inches of ma- sonry construction. Supp. No. 1 739 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I401REs S 11.5 IOWA CITY CODE / (j) "For installations in residential occupancies," all serv- ices shall not be smaller than one hundred (100) am- peres. Individual homes with over two thousand five hundred (2,500) square feet of floor space, including the basement but excluding the garage, shall be served with not less than two hundred -ampere, three -pole solid neutral entrance switch or equivalent, using dead front equipment. (h) Power services. Three-phase services shall be classi- fied as power services and may be used to supply power appliances and shall comply with all provisions of other types of services and shall not be less than sixty -ampere capacity. (1) All service entrance locations in the central business district shall be approved by the electrical inspector before installation. (m) Each building shall be served with a single set of serv- ice entrance conductors. The service conductors shall be properly protected through a single main discon- nect. Exception: The minimum service in a two-family structure may be run as two (2) one hundred -ampere services. (n) All circuits shall be continuous by means other than attachment to the receptacle outlets. (o) All types of flexible metallic conduit and tubing may be used where conduit must be fished into concealed places or where subject to vibrations or on light drops. A max- imum length of flexible metal conduit of seventy-two (72) inches may be exposed. When flexible metal con- duit is used, a grounding conductor of equal current - carrying capacity to the largest current -carrying con- ductor shall be installed. (II) The following sections of the National Electrical Code are deleted: (a) The notes to Tables 310-10 through 310-19 are amended by deleting Note No. 3 dealing with Three -Wire, Single - Phase Residential Service. Supp. No. 1 740 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111E5 ELECTRICITY E 11.9 (b) Article 333 in its entirety. (c) Article 600.4 dealing with listing requirements for signs. (Ord. No. 78-2889, § III, 3-7-78) Sec. 11.6. Moved buildings. Structures moved into or within the city shall comply with the provisions of this code for new structures. (Ord. No. 78- 2884, § III, 3-7-78) Cross reference—Moving of buildings, Ch. 8, Art. V. Sec. 11-7. Existing buildings. If an existing building is damaged by fire, or otherwise, or altered in a manner to require the replacement of fifty (50) per cent or more of the wiring equipment, the entire building shall be made to conform to the requirements of this code for new buildings. If the type of occupancy of an existing building is partially or entirely changed, the electrical wiring shall be made to conform to the requirements of this code for the new type of occupancy. (Ord. No. 78-2884, § III, 3-7-78) Sec. 11.8. Temporary electrical work. Temporary electrical work shall mean work is obviously installed for the convenience of a contractor or builder dur- ing construction. Such work shall be the complete responsibil- ity of the person who installs it and shall require the inspec- tor's approval prior to being used. (Ord. No. 78.2884, § I1I, 3-7-78) Sec. 11-9. Furnishing current prior to approval of wiring. No person or corporation generating current for electric light, heat or power in the city shall connect its system or furnish current for electrical purposes to any building on premises which have not been inspected and approved by the electrical inspector. Any person or corporation shall, upon written notice from the electrical inspector to do so, immedi- ately disconnect such building or premises from its source of current. (Ord. No. 78-2884, § III, 3-7-78) Supp. No. I 741 MICROFIL14ED BY JORM MICROLAB CCDAR RAPIDS•DCS MOINES § 11.10 IOWA CITY CODE Sec. 11-10. Metal conduit work. Electrical equipment in or upon buildings within the city shall be of the class known as rigid metal conduit or electri- cal metallic tubing work, except where concealed in single- family structures or two-family structures, including their garages, and except in locations subject to corrosive action on metal, except as provided in section 11-5(I)(o). Wiring that is located below grade shall be of a type approved for installa- tion in wet locations. Basements and cellars shall be of a type approved for installation in wet locations. Basements and cel- lars that are capable of being drained to floor level through a doorway opening onto a properly sloped exterior grade shall not be considered to be located below grade for the purposes of this section. (Ord. No. 78-2884, § III, 3-7-78) Sec. 11-11. Services and circuits; separation from communi- cations conductors. All service entrances in and upon buildings within the city shall be of the class known as rigid metal conduit or electri- cal metallic tubing, nonmetallic, except as herein provided. Other provisions of this section to the contrary notwith- standing, that portion of an underground service lateral that is installed by an electrical contractor but is owned and main- tained by a corporation licensed by law to engage in the busi- ness of supplying and distributing electricity may be of a type used by a corporation for such an installation. (Ord. No. 78-2884, § III, 3-7-78) Sec. 11-12. Other wiring methods. All wiring systems not allowed by this code may be re- viewed by the board for approval or disapproval. Approval or disapproval will be based on information presented to the board in the form of plans and specifications and/or demon- strations and will be considered on a case-by-case basis. (Ord. No. 78-2884, § III, 3-7-78) Supp. No. 1 742 I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES t101MES ELECTRICITY § 11.25 Secs. 11.13-11-23. Reserved. ARTICLE II. ADMINISTRATION AND ENFORCEMENT Sec. 11-24. Penalty for violation of code. Any person who installs, alters, repairs, maintains, im- proves or uses any electrical equipment or performs any electrical work in the city or causes the same to be done in violation of any of the provisions of this code shall be guilty of a misdemeanor punishable by a fine not exceeding one hundred dollars ($100.00) or imprisonment not exceeding thirty (30) days. (Ord. No. 78-2884, § III, 3-7-78) Sec. 11-25. Powers and duties of the electrical inspector. i The electrical inspector shall have the right to enter upon any property during reasonable hours in the discharge of his/ her official duties and shall have the authority to cause the disconnection of any wiring or equipment where such wiring or equipment is dangerous to life or property or may interfere with the work of the fire department. The electrical inspector may inspect any and all electrical installations within the city. He/she may approve, condemn and order removed or remodeled and put in proper and safe condition for the prevention of fire and the safety of life all electrical heating and lighting apparatus, motors, machinery, fixtures and connections, electrical equipment used in the utilization of electrical current for light, heat or power pur- poses and to control the disposition and arrangements of the same. The electrical inspector shall not engage in the business of the sale, installation or maintenance of electrical equipment either directly or indirectly and shall have no financial interest In any firm engaged in such business in the City of Iowa City at any time while holding office. i The electrical inspector shall be appointed by the city man- ager and shall be responsible to the building official for the Supp. No. 1 743 MICROFILMED BY JORM MICROLAB CEDAR RARIDS.Dr, MOIHEs S 1I-25 IOWA CITY CODE enforcement of the electrical code and regulations of the city. (Ord. No. 78-2884, § III, 3-7-78) Sec. 11-26. Electrical board; creation and authority. There is hereby created an electrical board, referred to hereinafter as "the board," which shall: (a) Periodically review the electrical code and make rec- ommendations thereto to the city council. (b) Prepare and conduct written examinations and examine the qualifications of applicants for the licenses and certificates required by this article. (c) Suspend or revoke any of the licenses or certificates required by this article, for due cause, as provided herein. (d) Act as a board of appeals to hear grievances arising from a decision of the electrical inspector and to pro- vide for reasonable interpretations consistent with the provisions of this code. (e) Act as a board of appeals to approve or disapprove wir- ing systems not specifically addressed in this code. (Ord. No. 78-2884, § 111, 3-7-78) Sec. 11.27. Appeals. Any person affected by any action, interpretation or notice issued by the electrical inspector with respect to this code may, in writing, appeal to the board for consideration in ac- cordance with the procedures set forth in the Iowa City Ad- ministrative Code. (Ord. No. 78-2884, § III, 3-7-78) Secs. 11-28-11-37. Reserved. ARTICLE 111. LICENSES, CERTIFICATES, PERMITS AND INSPECTIONS Sec. 11-38. License applications. Any person desiring to take examinations for any of the licenses or certificates required by this code shall make appli- Supp. No. 1 744 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIRES ELECTRICITY F 11.41 cation to the electrical inspector. Each application shall be accompanied by a receipt from the city for the examination fee, as set out hereafter. The examination shall be practical, written or oral or a combination thereof, and shall be of such a nature as to uni- formly test the capabilities of all applicants for the same type of license. The applicant shall clearly demonstrate to the board his/her qualifications for the particular license and show satisfactory knowledge of the methods and standards for doing electrical work under the electrical code of the City of Iowa City, Iowa. If an applicant fails to pass an examination, he/she may apply for re-examination at the end of six (6) months and upon payment of another examination fee. (Ord. No. 78-2884, § III, 3-7-78) Sec. 11.39. License fees. The fees for examinations and licenses shall be established by resolution of council. (Ord. No. 78-2884, § III, 3-7-78) Sec. 11-40. License expiration and renewal. All licenses shall expire on January 1 of each year. Any license that has expired may be reinstated within sixty (60) days after the expiration date upon payment of a reinstate- ment fee. After the expiration of the aforementioned sixty- day period, no license or certificate shall be renewed except upon recommendation of the board. (Ord. No. 78-2884, § III, 3-7-78) Sec. 11.41. Required license with the city. No person shall install, alter, maintain or repair any elec- trical equipment unless such person shall have first obtained a master electrician's license. Master electrician's licenses granted by the city prior to passage of this code shall be issued a new license without taking the examinations herein pro- vided. Supp. No. 1 746 MICROFILMED BY JORM MICROLAB CEDAR RAPIOS•MES MONIES § 11.41 IOWA CITY CODE. Before a person can apply for a master electrician's license, he/she must carry an Iowa City journeyman's license for one year. Either a licensed master or journeyman electrician shall be on the job at all times while electrical work is in progress. The provisions of this section shall not apply to: (a) The electrical work of a public utility company, tele- phone or telegraph company, nor the persons perform- ing electrical work as an integral part of the plant used by such company in rendering its duly authorized serv- ice to the public. (b) A regular employee of any railroad who does electrical work only as a part of that employment. (c) The service or maintenance of warm air heating equip- ment provided that such service or maintenance shall only include electrical work on electrical equipment that is part of such warm air heating equipment. Such work shall include the connection of warm air heating equipment to an existing individual branch circuit. (d) Section 11-52. Whenever a master electrician's license is issued, it shall be in the name of the person who has qualified for it. No li- cense shall be issued in the name of a firm or corporation. In the event all licensed electricians terminate employment with a firm or corporation, the firm or corporation shall not be permitted to do any further electrical work, except that work under previously issued permits may, at the discretion of the electrical inspector, be completed. A master electrician who terminates his/her association with a firm or corporation shall notify the electrical inspector immediately. (Ord. No. 78-2884, § I1I, 3-7-78) Sec. 11-42. Master electrician's insurance. Each master electrician or the firm or corporation employ- ing a master electrician doing work under this chapter shall Supp. No. 1 748 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DF.S MDINES A ELECTRICITY § 11-44 furnish the city electrical inspector with a copy of a certifi- cate of insurance stating the liability amounts of one hundred thousand dollars ($100,000.00) property damage and three hundred thousand dollars ($300,000.00) bodily injury and a completed products provision. The City of Iowa City, Iowa, shall be notified thirty (30) days in advance of the termina- tion of the policy by the insured or insurer. (Ord. No. 78-2884, § III, 3-7-78) Sec. 11.43. Journeyman's license. Before a person can apply for a journeyman's license, he/she must have a minimum of one year experience as an apprentice. (Ord. No. 78-2884, § III, 3-7-78) Sec. 11.44. Maintenance electrician's certificate; when re- quired. A maintenance electrician's certificate shall be required of any person who is a regular employee of a manufacturing or industrial establishment, who does electrical work for that establishment only, and who maintains and keeps in a state of repair the existing electrical equipment within a building, or group of buildings. A maintenance electrician's certificate shall be issued to any person who shall satisfactorily pass the examination given by the board. Any person holding a main- tenance electrician's certificate issued by the city prior to passage of this code shall be reissued renewals of his/her cer- tificate without taking the examination hereinafter provided. The installation of any new or additional electrical equip- ment of any kind by the holder of a maintenance electrician's certificate is hereby prohibited. Each maintenance electrician performing work under this section shall keep an accurate record for the electrical inspec- tor, all work performed in each building and shall, in the first days of January, April, July and October of each year, file a statement with the electrical inspector the work performed during the preceding three (3) months. Such statement shall be made under oath. (Ord. No. 78-2884 ,§ III, 3-7.78) Supp. No. 1 797 MICROFILMED BY JORM MICROLAB CEDAR RADIDS•DE. 1101nes li 11-46 IOWA CITY CODE �'-'•., Sec. 11-45. Restricted electrician's license. A restricted electrician's license shall specify the types of electrical work which may be performed by the licensee. The licensee may perform only the type of work specified on the license. (Ord. No. 78-2884, § III, 3-7-78) Sec. 1146. Permits required. No person shall perform any electrical work nor install elec- trical equipment in or upon any building or property with- out first securing a permit therefor. (Ord. No. 78-2884, § III, 3-7-78) Sec. 11-47. issuance. Permits shall be issued in the name of the person holding an active master electrician's license and the name of the firm he/she represents. All applications for electrical permits shall be signed by the licensed master electrician. (Ord. No. 78- 2884, § III, 3-7-78) Sec. 11.48. Permits nontransferable; exceptions. Permits are not transferable. Electrical work performed under permits issued under the provisions of this article must be done by the master electrician securing such permit, his/ her firm or corporation except as provided for in section 1141. (Ord. No. 78-2884, § I1I, 3-7-78) Sec. 11-49. Revocation of permit; expiration of permit; re- newal fee. Any permit required by the provisions of this code may be revoked by the electrical inspector upon the violation of any Provision of this code. Every permit issued under the provisions of this code shall expire if the work authorized by such permit is not com- menced within sixty (60) days from the date of issuance of such permit or if the work authorized by such permit is suspended or abandoned for a period of one hundred twenty Supp. No. 1 748 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES ELECTRICITY § 11-53 (120) days. Before such work can be recommenced a new permit shall be obtained, and the fee therefor shall be one- half (1/2) of the amount required for a new permit, provided that such suspension or abandonment has not exceeded one year. (Ord. No. 78-2884, § III, 3-7-78) Sec. 11-50. Permit fees. There shall be paid to the City of Iowa City for the issu- ance of each electrical permit a permit fee as established by resolution of council. (Ord. No. 78-2884, § III, 3-7-78) Sec. 11-51. Triple fee for failure to obtain permit before starting work. Except in emergency situations, as determined by the elec- trical inspector, where work is started by any person prior to obtaining a permit, the fees for such work shall be tripled. The payment of such tripled fee shall not relieve any persons from fully complying with the requirements of this code in the execution of the work nor from any other penalties pre- scribed herein. No additional permits shall be issued to any person in viola- tion of this section prior to the payment of the triple fee. (Ord. No. 78-2884, § III, 3-7-78) Sec. 11-52. Home owners exempt from license requirements. In cases where an owner -occupant of a single-family dwell- ing desires to install electrical equipment or perform any electrical work in his/her single family structure, he/she may appear before the electrical inspector and show that he/she is competent to do the specific work. After such showing, he/she may obtain an electrical permit by paying the proper fee. (Ord. No. 78-2884, § III, 3-7-78) Sec. 11.53. Inspections. It shall be the duty of the person doing electrical work to notify the electrical inspector that said work is ready for in. spection. The electrical inspector shall, without undue delay, Supp. No. 1 749 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES § 11.53 IOWA CITY CODE perform the required inspection and, if the work complies with the provisions of this code, post an inspection notice on or near the work approved. Said notice shall contain the date and results of such inspection. Work that has no notice attached shall be considered unapproved. A reinspection fee may be assessed for each inspection or reinspection when such por- tion of work for which inspection is called is not complete or when corrections called for are not made. No electrical work shall be concealed in any manner from access or sight until such work has been inspected and ap- proved by the electrical inspector. The electrical inspector shall have the authority to remove or cause the removal of lath, plaster, boarding or other ob- struction which may prevent the proper inspection of wires or electrical equipment at the permittee's expense. When an electrical contractor is notified that defects exist, he/she shall make corrections within thirty (30) days after notification. If the corrections are not made, the electrical „ contractor shall not be issued any other permits until said defects are corrected and approval given by the electrical in- spector. (Ord. No. 78-2884, § III, 3-7-78) 1 s Supp, No. 1 [The next page to 811] 760 / MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 610111ES FIRE PREVENTION AND PROTECTION § 12-17 be deemed to be a part thereof by operation of law. This sec- tion shall be construed as an absolute limitation on the author- ity of the city council to enter into contracts under paragraphs (a) and (b) of this section. (g) Priority to local calls. The mayor, fire chief, or person in charge of the city's fire department shall have the right to give priority to calls for fire equipment or protection or emer- gency assistance within the corporate limits of the city over contract calls from without the corporate limits and may hold some men and equipment in reserve for the purpose of answer- ing calls within the corporate limits of the city. (h) Funds. All funds paid under contracts made in accord- ance with this chapter shall be paid to the city clerk and shall be credited to the fire maintenance fund. (Code 1966, § 3.06.9; Ord. No. 2644) Secs. 12.2-12.15. Reserved. ARTICLE II. CODE* Sec. 12-16. Adopted. Subject to the following amendments, the 1976 Edition of the Uniform Fire Code is hereby adopted. (Ord. No. 77-2861, § 2, 9-6-77) Sec. 12.17. Definitions. Whenever the following terms are used in the code adopted by this article, they shall have the meanings indicated: *Editor's note Ord. No. 77-2861, § XII, enacted Sept. 6, 1877, re- pealed Ord. No. 74-2711, §§ II—IR, enacted April 8, 1974, which had been codified as Art. II, §§ 12.16, 12.18-12.25. Sections II—X of Ord. I No. 77.2861 enacted provisions which have been codified as a new Art. II, §§ 12-16, 12-18-12.25, at the editor's discretion. Section XI of the I above ordinance states that copies of the fire prevention code are available from the city clerk's office. Cross references—Building code, Ch. 8, Art. 11; electrical code adopted, j § 11-5, plumbing code adopted, § 28.2. Supp, No. 1 813 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11011JE5 § 12-17 IOWA CITY CODE Corporation counsel shall be held to mean the city attorney. Jurisdiction shall be held to mean the City of Iowa City, IoCross reference—Ru§ s of cone r cttioOrd.no. 2andd a nitiioons general ) llly, § 1-2. Sec. 12-18. Storage zones for explosives and blasting agents. In accordance with the provisions of Section 11.106, the storage of explosives and blasting agents is limitedto A] A] as established by Chapter 8.10 [Zoning, App endixof the Municipal Code of Iowa City. (Ord. No. 77-2861, § III, 9-6-77) Sec. 12-19. Storage zones for flammable and combustible liq- uids in outside aboveground tanks. (a) In accordance with the provisions of Section 16.201, the storage of Class I liquids in outside aboveground tanks is limited to the following es- tablished by Chapter 8.10, zones: 1 Municipal Code(Zoning, Appendix ., (b) In accordance with the provisions of Section 15.601, the construction of new bulk plants for flammable or com- bustible liquids shall be restricted to M2 zones, asestablished d by Chapter 8.10, Municipal Code [Zoning, Appendix No. 77-2861, § 4, 9-6-77) Sec. 12.20. Storage zones for liquefied petroleum gases. In accordance with the provisions of Section 20.105, bulk storage of liquefied petroleum gas is limited 2 zones as established by Chapter 8.10 (Zoning, Appendix A.] o. 77-2861, § 6, 9-6-77) Sec. 12.21. Amendments to specific fire code sections. (a) Section. 15.401 is hereby amended to read as follows: Section 15.401. This division shall apply only to the stor- ae and drums orothers ontanersing of mnot maexceed ng sixty (60)q ggallons Supp. No.1 814 I 4,..a MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES FIRE PREVENTION AND PROTECTION § 12.23 individual capacity and those portable tanks not exceeding three hundred (300) gallons individual capacity. Two (2) portable tanks of different fuels may be located at a site unless the chief of the fire department determines them to be a hazard. These requirements do not apply to bulk Plants, service stations, refineries, chemical plants and dis- tilleries. (Ord. No. 77-2861, § 4, 9-6-77) (b) Section 26.116(b) (4), 1976 Uniform Fire Code, is here- by amended to read as follows: (4) Candles held in persons' hands will be allowed. Battery-operated simulated candles are available and are recommended as being safer than real candles. No permit is required for battery-operated candles or other electric candles. (Ord. No. 78-2886, § II, 3-7-78) Editor's note—Ord. No. 78-2886, § II, enacted March 7, 1878, was non. amendatory of the Code and has been codified as § 12-21(b) at the editor's discretion. This section bears history notes immediately follow. Ing the affected subsection. Sec. 12.22. New materials. The building inspector, the chief of the fire department and the chief of the bureau of fire prevention shall act as a com- mittee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits in addition to those now enumerated in said code. The chief of the bureau of fire prevention shall post such list in a conspicuous place in his office and distribute copies thereof to interested persona. (Ord. No. 77-2861, § 7, 9-6-77) Sec. 12.23. Appeals. Any person affected by any action, interpretation or notice issued by the chief of the fire department with respect to the Uniform Fire Code may appeal the decision of the chief of the fire department to the board of appeals in accordance with the procedures set forth in the Iowa City Administrative Code. (Ord. No. 77-2861, § 8, 9-6-77) Supp, No, I k_— 816 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101NES § 12.24 IOWA CITY CODE Sec. 12-24. Minimum requirements. The provisions of this code shall be held to be the minimum requirements adopted for the protection of the health, safety and welfare of the citizens of the City of Iowa City, Iowa. Any higher standard in a statute of the State of Iowa or ordinance of the City of Iowa City shall be applicable. (Ord. No. 77-2861, § 9, 9-6-77) Sec. 12.25. Penalties. Any person who shall violate any of the provisions of the code hereby adopted or fails to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of spe- cifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder and from which no appeal has been taken, shall be guilty of a misdemeanor, punishable by a fine not exceeding one hundred dollars ($100.- 00) $100:00) or by imprisonment not exceeding thirty (30) days. (Ord. No. 77-2861, § 10, 9-6-77) Secs. 12-26-12-36. Reserved. ARTICLE III. DEPARTMENT* DIVISION 1. GENERALLY Sec. 12-37. Fire chief. 3 (a) The fire chief shall be charged with the prevention of fire and protection of life and property against fire and shall report all fire losses monthly to the city manager and to the city assessor. p (b) He/she shall be responsible for the maintenance and care of all property and equipment used by his/her depart- ment, for the extinguishing of fires, the saving of life and property from fire, the performance of various miscellaneous public services of an emergency nature, the inspection of 'Cross references—Administration generally, Ch. 2; authority of fire department officials in relation to traffic control, § 23.18. Supp. No. 1 816 L�T MICROFILMED BY JORM MICROLAB CEDAR RAPIDS.DES 1101tiEs FIRE PREVENTION AND PROTECTION § 12.45 buildings within the corporate limits of the city, and the en. forcement of all fire laws and regulations. (Code 1966, § 3.06.2) Sees. 12-38-1244. Reserved. DIVISION 2. BUREAU OF FIRE PREVENTION Sec. 1245. Established. The code adopted by article II of this chapter shall be en- forced by the fire prevention bureau in the fire department Supp. No. I 816.1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIRES Chapter 14 FRANCHISES Art. 1. Electricity, §§ 14.1-14.26 Art. Il. Gas, §§ 14.27-14.51 Art. III. Telephone, §§ 14-52-14.59 Art. IV. Broadband Telecommunications, §§ 14.66-14-93 ARTICLE I. ELECTRICITY* Sec. 14-1. Granted. There is hereby granted to Iowa -Illinois Gas and Electric Company, an Illinois corporation authorized to do business in the state, hereinafter called the "company," and its succes- sors and assigns, the right and franchise to acquire, construct, erect, maintain, and operate in the city, an electric light and power system, including the right to erect, install, and main- tain the necessary poles, lines, wires, transmission lines, con- duits and other appliances for the cransmission and distribu- tion of electric energy along, under, and upon the streets, ave- nues, alleys, bridges, viaducts, and public places in the city. This franchise shall be effective for a twenty -five-year period but the city council may, at the end of the first fifteen (15) years, review said franchise and if deemed desirable, re- negotiate and submit an amended franchise to the voters. (Ord. No. 2170, § 1, 8-10-59) Sec. 14-2. Rights subject to stale law; franchise not exclu. sive. The rights and privileges granted by this article are subject to the restrictions and limitations of Chapter 397 of the Code of Iowa 1958, and this franchise shall not be exclusive. (Ord. No. 2170, § 2, 8-10-59) Sec. 14.3. Company's right to erect poles, install wiring, etc. The company shall have the right to erect hereafter all necessary posts, poles, or conduits and to place thereon the necessary wires, fixtures, and accessories for the conducting *Cross referenctiUnderground electrical service, Ch. 39, Art, III. Supp, No. 1 919 MICADFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES § 14-3 IOWA CITY CODE of currents of electric energy in and through the city, pro- vided that the same shall be so located and maintained as to make no unnecessary obstruction of any drains or sewers or the flow of water therefrom, which have been or may here- after be located by authority of the city. Said posts, poles, conduits, wires, fixtures, and accessories shall be so erected and maintained in the streets, avenues, alleys, and public places of the city as to make no unnecessary obstruction therein to the use thereof by the public and as to comply with the specifications of the National Electrical Safety Code as approved by the American Engineering Standards Commit- tee in force at the time of such construction, and shall be so placed and the wires attached to or placed upon them shall be kept at such an elevation as to avoid danger to persons and adjacent property. The company is authorized and empowered to cut and trim in a careful and prudent manner, at its ex- pense, any trees extending into any street, alley, or public ground so as to prevent limbs or branches from interfering with the wires of the company. The obligation of the company, however, shall not extend beyond trimming trees sufficiently to clear the electric wires. (Ord. No. 2170, § 3, 8-10-59) Sea 14-4. Company to relocate installations in, over, on or under public streets at direction of council. The company shall, at its cost and expense, relocate its in- stallations in, on, over, or under any public street in the city in such manner as the city council may at any time reason- ably require for the purposes of facilitating the construction, reconstruction, maintenance, or repair of any public improve. ment of, in, or about any such street or promoting the effi- cient operation of any such improvement. (Ord. No. 2170, § 4, 8-10-59) Sea 14-5. Company to furnish map of underground installa- tions and update information. The company shall furnish to the city for filing in the city engineer's office as soon as reasonably practicable, a map showing the location of all existing underground electrical Supp. No. 1 920 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES FRANCHISES § 14-61 Sec. 14.56. Grant not exclusive. Nothing contained in this article shall be construed as to grant unto the company an exclusive right upon the streets and alleys or to interfere with any rights already granted, or to prevent the grant of similar privileges to other individuals or companies for like purposes. (Ord. No. 502, 3-5-1897) Sec. 14-57. Police and fire alarms. In consideration of the rights and privileges herein granted the company shall furnish free of cost to the city, one tenpin cross arm for its fire alarm and police wires, upon all poles erected pursuant to this article. (Ord. No. 502, 3-5-1897) Sec. 14.58. Compliance with ordinances. The company shall be at all times subject to all ordinances now in force, or that may hereafter be passed, relative to the use of public streets and alleys or other public places. (Ord. No. 502, 3.5-1897) Sec. 14-59. Reserved. ARTICLE IV. BROADBAND TELECOMMUNICATIONS Sec. 14.60. Short title. This article shall be known and may be cited as the 'Broad- band Telecommunications Franchise Enabling Ordinance." (Ord. No. 78-2917, § 2, 8-22-78) Sec. 14.61. Definitions. For the purpose of this article the following terms, phrases and words and their derivations shall have the meaning spe- cified herein. When not inconsistent with the context, words used in the present tense include the future and words in the singular number include words in the plural number. Additional service shall mean a subscriber service provided by the grantee for which a special charge is made based on program or service content, time or spectrum space usage. Supp. No. 1 931 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES § 14.61 IOWA CITY CODE AC: Abbreviation for alternating current. Annual gross revenues shall mean all revenues received by the grantee, its affiliates or subsidiaries from and in con- nection with the operation of the broadband telecommunica- tions network in the City of Iowa City, Iowa, and shall in- clude revenues from all sources including without limitation revenues from advertising, channel leasing, data transmis- sion and per program charges and any other charges not specifically prohibited by the FCC or a court of competent jurisdiction, in addition to the subscriber's monthly payments. AGC (automatic gain control): An electronic circuit which automatically increases.or decreases, within its design range, the gain of an amplifier in order to maintain a stable or fixed output level. (Sometimes called ALC or AVC.) ASC (automatic slope or tilt control): An electronic circuit or thermal device that compensates for changes in cable or amplifier characteristics caused by temperature variations. Basic service shall mean all subscriber services provided by the grantee, including the delivery of broadcast signals and programming originated over the cable system, covered by the regular monthly charge paid by all subscribers. Broadband telecommunications network (BTN) shall mean any network of cables, optical, electrical or electronic equip- ment, including cable televisions systems, used for the pur- pose of transmission of electrical impulses of television, radio and other intelligences, either analog or digital for sale or use by the inhabitants of the city. BTN channel capacity: The highest total number of cable television channels on which television signals from separate sources may be delivered downstream simultaneously to every subscriber in the network. The network may have additional channel capacity for specialized or discrete purposes, but the technical performance specified shall not be materially de- graded thereby. Cable television channel: A frequency band six (6) MHz in width within which a standard television broadcast signal Supp. No. 1 982 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140MES FRANCHISES g 14-61 is delivered by cable to a subscriber terminal (except that Class III and IV cable television channels as defined by the FCC may be either wider or narrower than this standard). Channel frequency response: Within a cable television channel, the relationship as measured at a subscriber terminal between amplitude and frequency of a constant -amplitude in- put signal at all specified frequencies within each channel. City shall mean the City of Iowa City, Iowa, its officers and employees unless otherwise specifically designated, the area within the territorial city limits of the city and such territory presently outside the city limits over which the city may as- sume jurisdiction or control by virtue of annexation. Class I cable television channel: A signaling path provided by a cable television system to relay to subscriber terminals television broadcast programs that are received off -the -air or are obtained by microwave or by direct connection to a tele- vision broadcast station. Class II cable television channel:.A signaling path provided by a cable television system to deliver to subscriber terminals television signals that are intended for reception by a televi- sion broadcast receiver without the use of an auxiliary de- coding device and which signals are not involved in a broad- cast transmission path. Class III cable television channel: A signaling path provid- ed by a cable television system to deliver to subscriber ter- minals signals that are intended for reception by equipment other than a television broadcast receiver or by a television broadcast receiver only when used with auxiliary decoding equipment. Class IV cable television channel: A signaling path provided by a cable television system to transmit signals of any type from a subscriber terminal to another point in the cable tele- vision system. Comone1we operation: Operation will be considered to have commenced when sufficient distribution facilities have been installed so as to permit the offering of "full network serv- Supp, No. 1 933 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DFS MOINES § 14.61 IOWA CITY CODE /"" ,I ices" to at least twenty-five (25) per cent of the dwelling units located within the designated "service area." Commission refers to the broadband telecommunications commission. Council shall mean the city council of the City of Iowa City and any legally appointed or elected successor or agency. Data grade shall mean coded transmissions primarily dig- ital in nature. dBvnV: The level in the network expressed in dB's above or below a power corresponding to a root mean square voltage of one millivolt across seventy-five (75) ohms. Downstream: The direction of transmission over the BTN from the "head end" or "hub" to a subscriber's terminal. FCC shall mean the Federal Communications Commission and any legally appointed or elected successor. Franchise pawneltt shall include all charges imposed fora franchise whether the object be regulation, revenue or one- time reimbursement of costs incurred by the city in the award of this franchise. Full network service shall mean all "basic services" and "additional services" offered by the grantee. Grantee means all persons including, but not limited to, subsidiaries, parents or affiliate companies, associations or organizations having any rights, powers, privileges, duties, liabilities or obligations, under this article, and under the fran- chise ordinance, collectively called the "franchise," and also includes all persons having or claiming any title to or interest in the system, whether by reason of the franchise itself di- rectly or by interest in a subsidiary, parent or affiliate com- pany, association or organization by any subcontract, trans- fer, assignment, management agreement or operating agree- ment or an approved assignment or transfer resulting from a foreclosure of a mortgage security agreement or whether otherwise arising or created. Supp. No. 1 934 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11011+CS FRANCHISES § 14-61 Head end shall mean the land, electronic processing equip- ment, antennas, tower, building and other appurtenances nor- mally associated with and located at the starting point of a broadband telecommunications network, excluding the studio. Hub configuration: A BTN design technology wherein all transmission paths either originate or terminate at a central location within the community. Installation shall mean the extension and/or construction of the system from the main trunk and/or feeder cable to subscribers' terminals except where such a procedure is re- quired by this article without charge when it will mean the extension and/or construction of the system to one point in a designated building. Local distribution center shall mean a facility within the community remote from but connected to the "hub" which distributes signals from the "hub" to a specified area in the broadband telecommunications network. Local distribution center shall mean a facility within the originates from a "local distribution center" as opposed to the -' "hub." May is permissive. Network noise: That combination of undesired and fluctu- ating disturbances within a cable television channel, exclusive of undesired signals of discrete frequency which degrade the reproduction of the desired signal and which are due to modulation processes, thermal effects and other noise -pro- ducing effects, not including hum. Network noise is specified in terms of its RMS voltage or its mean power level as meas- ured in a four -MHz band above the lower channel boundary of a broadband telecommunications network. Physical miles of plant shall mean total miles of trunk, feeder and super -trunk cable. Reasonable notice shall mean the provision of notice of contemplated action delivered at least forty-eight (48) hours prior to such action. Supp. No. I 935 ' \1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES CITY CODE IOWA § 14.61 ' RMS (root -mean -square): The effective value of an alter- nating current waveform which would be numerically equal in energy to a constant direct current. Sale shall include any sale, exchange, barter or offer for sale. Service area: That geographical area within the incorpo- rated limits of the city. Shall arld must: Each is mandatory. Strand mile shall mean messenger strand as measured from pole to pole without taking into consideration sag or down - guys, and for buried plant, actual trench feet. State shall mean the State of Iowa. Street shall include all streets, roadways, highways, ave- nues, lanes, alleys, courts, places, squares, curbs, sidewalks, easements, rights-of-way or other public ways in the city which have been or may hereafter be dedicated and open to public use or such other public property so designated by law. Studio shall mean the land, electronic processing equipment, towers, building, cameras, lights and other appurtenances normally associated with and located at the grantee's local origination and/or public access plants of a broadband tele- communications network, excluding the head end. Subscriber shall mean any person, firm, company, corpora- tion or association receiving either "basic service" or "addi- tional service" from the grantee under the schedule charges filed with and approved by the city. Subscriber terminal: The broadband telecommunications network's seventy -five -ohm cable terminal to which the sub- scriber's equipment is connected. Separate terminals may be provided for delivery of cable television signals, FM broadcast or other signals of differing classifications. Substantially conepleted: Operation will be considered sub- stantially completed when sufficient distribution facilities Supp. No. 1 936 , MICROFILMED BY JORM MICROLAB CEDAR RArIDS•DCs MoInCS FRANCHISES 14.62 nave been installed so as to permit the offering of "full net- work services" to at least ninety (90) per cent of the dwelling units in the service area to which access is legally and reason- ably available. Terminal isolation: At any subscriber terminal, the attenu- ation between that terminal and any other subscriber terminal in that network. Upstream: The direction of transmission over the BTN from a subscriber terminal to the network's "head end" or "hub." Video grade shall mean transmission primarily analog in nature including the picture phase of a television broadcast. Vismd signal level: The RMS voltage produced by the visual signal during the transmission of synchronizing pulses. (Ord. No. 78-2917, § 2, 8-22-78) Sec. 14.62. Iowa City Broadband Telecommunications Com- mission. (a) Commission established: Within thirty (30) days of the granting of the first franchise, there shall be appointed a commission to be known as the Iowa City Broadband Tele- communications Commission. (b) Composition; term: The commission shall consist of five (6) citizens of the city appointed by the city council for a term of three (3) years except that the first appointees shall be appointed one for a term of one year; two (2) for a term of two (2) years; and two (2) for a term of three (3) years; and thereafter each for a term of three (3) years. Following system completion it is recommended that a ma- jority of the members be subscribers to the system at the time of their appointment. (c) Powers and duties of the commission: The duties of the broadband telecommunications commission, in addition to those set forth in section 14-64, shall be as follows: (1) Resolving disputes or disagreement between subscrib- ers, potential subscribers and grantee should such Supp. No. 1 937 MICROFILMED BY JORM MICROLAB CEDAR RAPIDs•DEs nOINEs 14-62 IOWA CITY CODE parties be unable first to resolve their dispute. The commission shall conduct a public hearing upon any petition by any person seeking resolution of a dispute concerning the operation of any franchise granted hereunder. The hearing shall be conducted pursuant to the Iowa City Administrative Code and following such hearing the commission shall issue its finding or determination. Said finding or decision shall be final and any person aggrieved may seek relief therefrom in the district court of Iowa as provided by state law. (2) Reviewing and auditing reports submitted to the city as required and said such other correspondence as sub- mitted to the city concerning the operation of the broad- band telecommunications network so as to insure that the necessary reports are completed and fulfilled pur- suant to the terms of the article. (3) Work with the public and the media to assure that all records, rules and charges pertinent to the broadband telecommunications network in the City of Iowa City, Iowa, are made available for inspection at reasonable hours upon reasonable notice. (4) Confer with the grantee and advise on the intercon- nection of the city's cable system with other cable and communications systems. (5) Subsequent to the initial franchise, solicit, review and provide recommendations to the city council for selec- tion of applicants for franchise under provisions of sections 14-69 and 14-70. (6) Initiate inquiries, receive requests for review of rates charged by the grantee, and provide recommendation on such actions to the city council. (7) Conduct evaluations of the system at least every three (3) years, with the grantee, and pursuant thereto, make recommendations to the council concerning sys- tem improvements and amendments to this article or any franchise agreement. Supp. No. 1 938 v MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101REs FRANCHISES § 14-63 (8) Establish and administer sanctions as authorized by the city council to insure compliance with this article. (9) To make recommendations to the grantee of the broad- band telecommunications network and to the educa- tional and governmental users of the educational and governmental access channels. (10) To insure that the grantee makes the public access channel available to all residents of the city on a non- discriminatory basis. (11) To assure that the operation of the public access chan- nel be free of program censorship and control. (12) To perform such other duties and functions relative ' to public access channels as may be appropriate in order to maximize its use among the widest range of individuals, institutions and other organizations within the city. This shall include recommendations to the city council for utilization of the annual franchise pay- ment. .✓ The commission shall adopt such rules and regulations as are necessary to carry out its functions and to insure that ' due notice is given to all parties concerning any hearing on any complaints to said commission and the hearings are held promptly in accordance with reasonable notice to all parties. The commission shall also have such powers to include the election of its own officers. (Ord. No. 78-2917, § 2, 8-22-78) Sec. 14.63. Broadband telecommunications specialist. The city manager is hereby authorized to appoint a broad- band telecommunications specialist for the purpose of exer- cising the city's continuing regulatory jurisdiction over the franchise. Such responsibility shall include but not be limited to the following matters: (a) Receive and investigate such complaints, disputes or disagreements as may be directed or referred to the City of Iowa City, Iowa, between subscribers or poten- tial subscribers and grantees of a broadband telecom - Supp. No. 1 939 MICROFILMED BY JORM MICROLAB CEDAR RARIDs•oes Moines § 14-63 IOWA CITY CODE i munications network and other distribution systems interconnected with the broadband telecommunications network, not first able to resolve their differences. (b) Report his or her recommendations upon complaints, disputes or disagreements after investigation to the broadband telecommunications commission for the is - seance of finding. (c) Review and audit reports, records, communications and grantee regulations submitted to the City of Iowa City, Iowa, and conducting such inspections of the system as may be necessary in support of such review as pro- vided for in the City of Iowa City Broadband Telecom- munications Franchise Enabling Ordinance. (d) Work with the public and the media to assure that all tariffs, rates, charges and rules pertinent to the oper- ation of the broadband telecommunications network in the City of Iowa City, Iowa, are made available for inspection by the public at reasonable hours and upon reasonable request. (e) Confer and coordinate with the grantee on the inter- connections of the city's broadband telecommunications network with other similar networks. (f) Advise the broadband telecommunications commission. (g) Other such duties as the city manager or the broadband telecommunication commission may assign. (Ord. No. 2917, § 2, 8-22-78) Sec. 14.64. Regulatory jurisdiction and procedures. (a) Continuing regulatory jurisdiction: The city shall have continuing regulatory jurisdiction and supervision over the operation of any franchise granted hereunder and may from time to time adopt such reasonable rules and regulations as they may deem necessary for the conduct of the business contemplated thereunder. Supp. No. 1 940 1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -Drs MDlrlrs FRANCHISES ¢ 14-64 (b) Regulatory procedures: (1) The broadband telecommunications commission shall consider any inquiry or proceeding requiring city coun- cil action to be taken in regard to the broadband tele- communications network or franchise, whether upon application or request by the grantee or any other party or on its own motion and shall submit such con- sideration, together with the commission's recommen- dation, to the city council within sixty (60) days of the receipt of such request unless such time shall be extended by agreement between the commission and the requesting party. Any action by the city council on any commission recommendation shall be taken only after thirty (30) days notice of said proposed action, inquiry or proceeding is published in the official news- paper having general circulation and a copy of said notice is served upon the grantee. The grantee shall have an opportunity to respond at the hearing and/or in writing. Members of the public shall have an oppor- tunity to respond or comment in writing on the pro- posed action and appear at said proceeding or hearing; however, such hearing or proceeding shall be set no later than ninety (90) days after notice to the grantee and the city council shall act upon this proceeding within one hundred eighty (180) clays of the notice of hearing unless such time is extended by agreement between the city and the grantee. The decision of the city council shall become a final determination. (2) The public notice required by this section shall state clearly the action or proposed action to be taken, the time provided for response, including response by the public, the person or persons in authority to whom such responses shall be addressed and such other procedures as may be specified by the city council. If a hearing is to be held, the public notice shall give the date, loca- tion and time of such hearing. The grantee is a neces- sary party to any hearing conducted in regard to its operation. Supp. No. 1 941 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1!0 RIES E 14.64 IOWA CITY CODE �"""•, (c) Failure to enforce provisions: The grantee shall not be excused from complying with any of the terms and conditions of the franchise by any failure to the city upon one or more occasions to insist upon or to seek compliance with any such terms or conditions. (d) Contravention of provisions: The cost of any success- ful litigation incurred by the city to enforce provisions of this article or of the franchise ordinance or in relation to a fran- chise shall be reimbursed to the city by the grantee. Such costs shall include filing fees, costs of depositions, discovery and expert witnesses, all other expenses of suit and a reason- able attorney's fee. (e) Triannual franchise review: (1) On or about the third, sixth, nineth and twelfth anni- versaries of the effective date of the franchise, the city will schedule a public meeting or meetings with the grantee to review the franchise performance, plans and prospects. The city may require the grantee to �,aw make available specified records, documents and in- formation for this purpose, and may inquire in particu- lar whether the grantee is supplying a level and variety of services equivalent to those being generally offered at that time in the industry in comparable market situations. (2) The city shall first confer with the grantee regarding modifications in the franchise which might impose additional obligations on the grantee, and the grantee may in turn seek to negotiate relaxations in any re- quirements previously imposed on it which are subse- quently shown to be impractical. (3) Within thirty (30) days of the conclusions of such negotiations, the city may direct the grantee to show cause why specified terms and conditions should not be incorporated into the franchise and the grantee may similarly file with the city a written request that spe- cified obligations of its franchise be removed or relaxed. Implementation of such requests shall correspond as Supp. No. I 942 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES b10111cs �11 FRANCHISES § 14.64 nearly as possible with the procedures set forth herein. The commission will recommend to council changes in the franchised rights and obligations of the grantee only if it finds from all available evidence that such changes will not impair the economic viability of the system or degrade the attractiveness of the system's service to present and potential subscribers. (f) Review of franchise prior to expiration: (1) Public meeting to be scheduled: At least six (6) months prior to the expiration of the franchise, the city shall schedule a public meeting or meetings with the grantee to review the performance of grantee, including the results of the previous franchise reviews. The city may require the grantee to make available specified records, documents and information for this purpose, and may inquire in particular whether the grantee is supplying a level and variety of services equivalent to those being generally offered at that time in the industry in com- parable market situations. (2) Determination on reissue: The city shall, within thirty (30) days of the conclusion of such meetings, provide a determination as to whether a broadband telecom- munications network franchise or franchises will be reissued. In making said decision the city shall con- sider the technical, financial and programming per- formance of the franchise holder and specifically with relation to any and all applications, promises or agree- ments made or entered into by the franchise holder and its performance of said applications, promises or agreements. In the event the city determines not to reissue the franchise or franchises for reasons other than a material breach of the franchise or for causes unrelated to the performance thereunder, it shall be so stated for purposes of section 14-71(3). The city shall establish public proceedings leading to a final decision and such public proceedings shall include but not be limited to a public hearing providing opportunity for Supp. No. 1 943 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES i± 14.64 IOWA CITY CODE the public and applicant(s) for the reissued franchise to appear. (Ord. No. 78-2917, § 2, 8-22-78) Sec. 14-65. Significance of franchise. (a) Franchise nonexclusive: Any franchise granted here- under by the City of Iowa City, Iowa, shall not be exclusive and the city reserves the right to grant a similar franchise to any person, firm, company, corporation or association at any time. (b) Franchise amendable: The scope of any franchise granted hereunder shall be deemed amendable from time to time to allow the grantee to innovate and implement new services and developments; provided, however, that no such services or developments be implemented without the express prior approval of the city council. (c) Privileges must be specified: No privilege or exemption shall be inferred from the granting of any franchise unless it is specifically prescribed. Nothing in this article shall be deemed to require the granting of a franchise when in the opinion of the council it would not be in the public interest to do so. (d) Authority granted: Any franchise granted hereunder shall give to the grantee the right and privilege to construct, erect, operate, modify and maintain, in, upon, along, above, over and under streets, as defined in section 14-61 herein, which have been or may hereafter be dedicated and open to public use in the city, towers, antennas, poles, cables, elec- tronic equipment and other network appurtenances necessary for the operation of a broadband telecommunications network in the city, subject to the requirements of section 14-85 of this article. (e) Previous rights abandoned: A franchise granted here- under shall be in lieu of any and all other rights, privileges, powers, immunities and authorities owned, possessed, con. trolled or exercisable by a grantee or any successor pertain. ing to the construction, operation or maintenance of a cable communications system in the city. The acceptance of a fran- Supp. No. 1 - 944 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES FRANCHISES § 14.86 chise shall operate, as between grantee and the city, as an abandonment of any and all of such rights, privileges, powers, immunities and authorities within the city. All construction, operation and maintenance by the grantee of any cable system in the city shall be under the franchise and not under any other right, privilege, power, immunity or authority. (f) Subject to other regulatory agencies' rules and regula- tions: The grantee shall at all times during the life of any franchise granted hereunder be subject to all lawful exercise of the police power by the city and other duly authorized reg- ulatory state and federal bodies and shall comply with any and all ordinances which the city has adopted or shall adopt ap- plying to the public generally and to other grantees. (g) Pole use agreements required: Any franchise granted hereunder shall not relieve the grantee of any obligation in- volved in obtaining pole or conduit use agreements from the gas, electric and telephone companies, or others maintaining poles or conduits in the streets of the city, whenever the grantee finds it necessary to make use of said poles or conduits. (h) No right of property: Anything contained herein to the contrary notwithstanding, the award of any franchise hereunder shall not impart to the grantee any right of prop- erty in or on city -owned property. I (i) Franchise binding: Anything contained herein to the contrary notwithstanding, all provisions of this article and any franchise granted hereto shall be binding upon the grantee, its successors, lessees or assignees. (Ord. No. 78- 2917, § 2, 8-22-78) Sec. 14.66. The broadband telecommunications franchise. (a) Franchise required: No person, firm, company, corpo- ration or association shall construct, install, maintain or oper- ate within any public street in the city, or within any other public property of the city, any equipment or facilities for the distribution of television signals or radio signals or other Supp. No. 1 946 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES Molecs § 14.66 IOWA CITY CODE i intelligences either analog or digital over a broadband tele- communications network to any subscriber unless a franchise authorizing the use of the streets or properties or areas has first been obtained pursuant to the provisions of this article, and unless such franchise is in full force and effect. (b) Review of qualifications: Specific permission to op- erate a broadband telecommunications network under the pro- visions of this article may be granted by the city council of the city to any grantee after a review of the legal, character, financial, technical qualifications and the adequacy and feasi- bility of the grantee's construction arrangements and after the city council has approved the grantee's qualifications as a part of a public proceeding affording due process. (c) Duration of franchise: Upon filing by the grantee of the proper acceptance, the bond and the required insurance and security fund, the franchise shall take effect as provided in section 14-70 and shall continue in full force and effect for j a term of fifteen (16) year. The city shall establish public proceedings leading to a final decision and such public proceedings shall include but not be limited to a public hearing providing opportunity for the public and applicant(s) for the reissued franchise to appear. (Ord. No. 78-2917, § 2, 8.22-78) Sec. 14.67. Operation of franchise. (a) Operations to be in accordance lvith edea: The grantee shall maintain and operate its broadband telecommunications network in accordance with the Rules and Regulations of the Federal Communications Commission, the State of Iowa and/ or the city as are incorporated herein or may be promulgated. (b) Interruption of service; notification: The grantee, whenever it is necessary to interrupt service over the broad- band telecommunications network for the purpose of network maintenance, alteration or repair, shall do so at such time as will cause the least amount of inconvenience to the subscribers, and unless such interruption is unforseen and immediately necessary, the grantee shall give reasonable notice thereof to the affected subscribers. Supp. No. 1 946 r MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES FRANCHISES 4 14.87 (c) Studios, office and phone for colaplaints: The grantee shall maintain an office, production studio and public access production facilities within the city limits which shall be open during all normal business hours, have a listed local telephone number and be so operated that complaints and requests for repairs or adjustments may be received at any time. (d) Operations: The grantee shall make available and main- tain at least one fixed color studio facility, portable production equipment and post production equipment for utilization by access users. In addition grantee will provide training of potential users for the use of such equipment. The grantee may make a fair and reasonable charge for use of these facilities and equipment not to exceed a rate schedule filed with and approval by the city council. As maximum use of public access is of a great deal of interest to the city, ap- plicants for franchise hereunder are encouraged to propose a plan by which equipment and facilities are dedicated to public access use at no charge to users. (e) Service records maintained: The grantee shall at all times make and keep at an office maintained by the grantee in the City of Iowa City, Iowa, a list of all complaints and interruptions or degradation of service received or experi- ences during the term of franchise. The records maintained above shall also include complaint response time and service restoration period and shall be continuously open to inspec- tion, examination or audit by any duly authorized represent- ative of the city or member of the public, (f) Grantee rules and regulations: The grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably and necessary to enable the grantee to exer- cise its rights and perform its obligations under this article and any franchise granted hereunder. (1) Rules to be in conformance with other regulations: None of such rules, regulations, terms and conditions promulgated under subsection (f) above shall be in conflict with the provisions hereof or the laws of the state, or the Rules and Regulations of the Federal Com - Supp. No. 1 947 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES :10IIIES 1 14.67 IOWA CITY CODE munications Commission or any rules and regulations / ~` Promulgated by the city in the exercise of their regu- latory authority granted hereunder. (2) All rules to be filed with city; Two (2) copies of all rules, regulations, terms and conditions promulgated under subsection (f) above, together with any amend- ments, additions or deletions rentlthereto, shall be kept cur - y on file with the city clerk and another copy there- of shall be maintained for public inspection during normal business hours at grantee's office in the city; no such rules, regulations, terms, conditions or amend- ments, additions or deletions thereto shall take effect unless and until so filed and maintained. ) Subscribers' thegremo al or offer to removehor provide anye granteelinducenot m is for removal of any potential or existing subscriber's antenna as a condition of provision of service. (h) Sale or service of television receivers: Neither the grantee during the period of the franchise nor any of its affiliated, subsidiary, parent organizations, officers or dl - rectors or ldi outstandingstockholders st ck lOf theogra tee shall wit hier n the corporateore of limits of the city or within ten 10 directly or indirectly, engage in the retail liesain any direction, ten n repairing of radio or television receivers or their renting, nor shall they require any subscriber to utilize the services of any specific television/radio service business for the repair or maintenance of the subscriber's receivers, either radio or television. This section shall in no way prohibit the sale, rental or service of convertors necessary to the opera- tion of the BTN by the grantee. subscr beret shall l install T to a rreasonablenrequest from charges thereforna switching device so eas l utilize hie/her own telto permit a subscriber to continue to evision antenna as he or she chooses. s(J) Service response and rebate: The grantee shall provide saa e ay service" response, seven (7) days a week for all 998 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES FRANCHISES § 14.88 complaints and requests for repairs or adjustments received prior to 2:00 P.M. each day. In no event shall the response time for calls received subsequent to 2:00 p.m. exceed twenty- seven (27) hours. Upon failing to correct total loss of customer service within twenty-seven (27) hours of initial complaint, the grantee shall credit one -thirtieth (1/30) of the monthly charge for basic service to each subscriber for each twenty- four (24) hours following the report of loss of service to the grantee. (k) Upgrading of facilities, equipment and service: The grantee shall upgrade its facilities, equipment and service as subscribers' demands dictate so that its network is as ad- vanced as the current state of technology and reasonable economic feasibility will allow. (Ord. No. 78-2917, § 2, 8-22-78) Sec. 14-68. Rights reserved to the city. (a) Right of amendment reserved to city: The city may from time to time, add to, modify or delete provisions of this article as it shall deem necessary in the exercise of its regu- latory powers provided that such additions or revisions are reasonable and do not place an undue financial burden on the grantee. Such additions or revisions shall be made only after a public hearing for which the grantee shall have received written notice at least thirty (30) days prior to such hearing. (b) No impairment of city's rights: Nothing herein shall be deemed or construed to impair or affect, in any way to any extent, the right of the city to acquire the property of the grantee through the exercise of the right of eminent do- main, at a fair and just value, which shall not include any amount for the franchise itself or for any of the rights or privileges granted, and nothing shall be construed to contract away or to modify or abridge, either for a term or in per- petuity, the city's right to eminent domain. (c) Grantee agrees to city's rights: The city reserves every right and power which is required to be reserved or provided by an ordinance of the city, and the grantee by its acceptance of the franchise agrees to be bound thereby and to comply with any action or requirements of the city in its exercise of Supp. No. 1 949 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIBrs § 14-68 IOWA CITY CODE such rights or powers which have been or will be enacted or established. (d) City's right of intervention: The city shall have the right to intervene and the grantee specifically agrees by its acceptance of the franchise not to oppose such intervention by the city in any suit or proceeding to which the grantee is a party. (e) Powers of the city: Neither the granting of any fran- chise nor any provision governing the franchise shall con- atitute a waiver or bar to the exercise of any governmental right or power of the city. (f) City's transfer of functions: Any right or power in or duty imposed upon any elected official, officer, employee, de- partment or hoard of the city shall he subject to transfer by the city to any other elected official, officer, employee, de- partment or board. (g) City's right of inspection: The city reserves the right during the life of any franchise granted hereunder to inspect sand supervise all construction or installation work performed subject to the provisions of this article and to perform net- work measurements to insure compliance with the terms of the article. (h) City's right of acquisition: Upon expiration of the term of the franchise or revocation or other termination as pro- vided by law, or upon receipt of application for approval of an assignment of the franchise or upon change [of] de facto control, the city shall have a right to purchase the broadband telecommunications network as set forth in section 19-71(c) herein. (i) City's right of network installation: The city reserves the right during the life of any franchise granted hereunder, to install and maintain free of charge upon or in the poles and conduits of the grantee any wire and pole fixtures neces- sary for municipal networks on the condition that such in- stallation and maintenance thereof does not interfere with the operation of the grantee. (Ord. No. 78-2917, ¢ 2, 8-22-78) Supp. No. I 960 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -OPS 140f11E5 i FRANCHISES § 14-69 Sec. 14-69. Applications for franchise. No franchise may be granted unless the applicant has suc- cessfully completed the application procedure in accordance with filing instructions promulgated by the city: (a) Proposal bond and filing fee: Provision of the proposal bond as required in section 14-75(a) and payment of a nonrefundable filing fee to the city of one thousand dollars ($1,000.00) which such shall be due and pay- able at the time with the submission of the applica- tion. (b) Request for proposal: All applicants must complete the request for proposal (RFP) issued by the city which shall include but not be limited to the following: (1) Name and address of applicant: The name and business address of the applicant, date of appli- cation and signature of applicant or appropriate corporate officer (a). (2) Description of proposed operation. A general de- scription of the applicant's proposed operation, in- cluding but not limited to business hours, operat- ing staff, maintenance procedures beyond those required in the article, management and market- ing staff complement and procedures and, if avail- able, the rules of operation for public access. (3) Signal carriage: A statement of the television and radio services to be provided, including both off - the -air and locally originated signals. (4) Special services. A statement setting forth a de- scription of the automated services proposed as well as a description of the production facilities to be made available by the grantee for the public, municipal and educational channels required to be made available by the provisions of this article. (5) Schedule of charges: A statement of the appli- cant's proposed schedule of charges as set forth by the provision of section 14-76 hereunder. Supp. No. 1 960.1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110MES § 14-69 IOWA CITY CODE, (6) Corporate organization: A statement detailing the corporate organization of the applicant, if any, inelu- es of its d rectorsing ht names and and he numberrofsshares held bysand each officer and director. (7) Stockholders: A statement identifying the number of uthorized outstanding shares of applicant's stock including a current list of the names and current addresses of its shareholders holding three 's outstanding (3) per cent or more of app stock. (S) Intra-company relationships: A statement deserib- ing s of the appli- cant, includingmpany par parent, subsidilarsubsidiary or affiliated companies. (9) Agreements and understandings: A statement set- ting forth all agreements and understandings, whether written or oral, existing between P to- e ap- plicant and any other person, firm, g "•' respect to any franchise awarded poration with r ^ hereunder and the conduct of the operation thereof existing at the time of proposal submittal. (10) Financial statement: If applicant is a corporation, audited financial statements for the two(2)pre- vious fiscal years. If applicant is a partnership, copies of the ',U.S. Partnership Return Income" (IRS Form 1065) for the two (2) previous scal years. If applicant is a sole proprietorship, copies of the ,U.S. Individual Incom xReurn yea S Form 1040) for the two (2) previous (11) Financial projection. A ten-year operations pro forma which shall include the initial and continu- ing plant investment, annual profit and loss state- ments detailing income and expenses, annual bal- ance sheets and annual levels of subscriber penetration. Costs and revenues anticipated for voluntary services shall, if presented, be incor- porated in the pro forma as required in this article, but shall be separately identified in the pro forma. Supp. No. 1 960.2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES Mo El1Es l .T FRANCHISES 114.69 (12) Financial support. Suitable written evidence from a recognized financing institution, addressed to both the applicant and to the city, advising that the applicant's financial ability and planned operation have been analyzed by the institution and that the financing institution is prepared to make the re- quired funds available to applicant if it is awarded a franchise. If the planned operation is to be in- ternally financed; a board resolution shall be sup- plied authorizing the obtainment and expenditure of such funds as are required to construct, install and Operate the broadband telecommunications net- work contemplated hereunder. (13) Construction timetable: A description of system construction including the timetable for provision and extension of service to different parts of the city. (14) Technical description: A technical description of the type of system proposed by the applicant, in- cluding but not limited to, system configuration (i.e. hub, dual cable), system capacity, two-way capability, etc. (16) Technical statement: A statement from the appli- cant's senior technical staff member or consultant advising that he/she has reviewed the network description, the network technical standards, per- formance measurements, channels to be provided, service standards, construction standards and con- ditions of street occupancy as set forth in or re- quired by sections 14-82, 14-83, 14-67, 14-84 and 14-86, respectively, hereunder and that the appli- cant's planned network and operations thereof will meet all the requirements set forth therein. (16) Existing franchises: A statement of existing fran- chises held by the applicant indicating when the franchises were issued and when the systems were constructed and the present state(s) of the sys- tems) in each respective governmental unit, to- gether with the name and address and phone Supp, No, 1 961 a MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES r4opl ES $ 14.69 IOWA CITY CODE number of a responsible governmental official knowledgeable of the applicant. (17) Convictions: A statement as to whether the appli- cant or any of its officers or directors or holders of three (3) per cent or more of its voting stack has in the past ten (10) years been convicted of or has charges pending for any crime other than a routine traffic offense and the disposition of each such case. (18) Operating experience: A statement detailing the prior cable television experience of the applicant including that of the applicant's officers, manage- ment and staff to be associated, where known, with the proposed franchise. G (19) Franchise renewal information: If an application is for renewal of a franchise, the proposal must in. elude, in addition to the information required in subsections (1) through (18) above: a. A summary of the technical, financial and programming history of the network since the granting of the original franchise. b. A statement and timetable that outlines all proposed changes, expansion or improvements in the system as to services, programming or technical specifications during the forthcom- ing three-year review period. (c) Special interests: Whereas the city is interested in maximizing the potential of the broadband telecom- munications network (BTN); comparative evaluations of applications will reflect the city's special interest in the following areas: (1) Programming and production assistance: A pro- posal for funding facilities, equipment or personnel beyond those required elsewhere to be designated to effect and promote local programming develop- ment. It is understood that the foregoing will be Supp. No. l 952 MICROFILMED BY JORM MICROLAB CFD;,R RAPIDS•OES fdOInES FRANCHISES § 14-70 available without charge to all on a fair and non- discriminatory basis. (2) Discrete carriage capacity: A proposal for the or- igination, experimental uses and/or interconnec- tion by or of agencies specified in section 14-80, for specialized needs and a plan accommodating such future needs as may arise. (3) Bi-directional capacity: A proposal for effectuat- ing the BTN's bi-directional capacity. (4) Multiple origination: A proposal for system con- struction in such a way that it is possible to allow occasional simultaneous cablecasting of different programs on the same channel to different parts of the city. (5) University of Iowa: A proposal for interconnect- ing the city's BTN wtih a University of Iowa cable network as specified by the university so that resi- dente of the city will benefit from the university's resources. (6) Converters: A proposal for inclusion of converters as part of the basic service. (d) Additional requirements: The application for franchise shall respond specifically, and in sequence, to the RFP. j Twenty (20) copies of the application shall be supplied to the city. The city may, at its discretion, consider such additional information as part of the application. (e) Supplementation to applications: The city reserves the right to require such supplementary, additional or other information that the city deems reasonably necessary for its determinations. Such modifications, deletions, additions or amendments to the application shall be considered only if specifically requested by the city. (Ord. No. 78-2917, § 2, 8-22.78) 'j Sec. 14.70. Acceptance and effective date of franchise. (a) Franchise acceptance procedures: Any franchise award- ed hereunder and the rights, privileges and authority granted Supp. No.1 953 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DEs MOINES § 14-70 IOWA CITY CODE i thereby shall take effect and be in force from and after the thirtieth day following the award thereof, provided that with- in thirty (30) days from the day of such award the grantee shall file with the city the following: (1) A notarized statement by the grantee of unconditional acceptance of the franchise, and (2) A certificate of insurance as set forth in section 14- 74(f) (3) A performance bond in the penal sum of five hundred thousand dollars ($500,000.00) as set forth in section 14-75(b) herein and deposit of the security fund, and (4) Reimbursement to the city for the costs of publication of this article, and (5) Written notification of the grantee's location and ad- dress for mail and official notifications from the city. (b) Forfeiture of proposhl bond: Should the grantee fail to comply with subsection (a) above, it shall acquire no rights, privileges or authority ander this article whatever, and the amount of the proposal bond or certified check in lieu thereof, submitted with its application, shall be forfeited in full to the city as liquidated damages. (e) Grantee to have no recourse: The grantee shall have no recourse whatsoever against the city for any loss, cost, ex- pense or damage arising out of any provision or requirement of this article or its regulation or from the city's exercise of its authority to grant additional franchises hereunder. This shall not include negligent acts of the city, its agents or em- ployees which are performed outside the regulatory or fran- chise awarding authority hereunder. (d) Acceptance of power and authority of city: The grantee expressly acknowledges that in accepting any franchise award- ed hereunder, it has relied upon its own investigation and understanding of the power and authority of the city to grant this franchise. (e) Inducements not offered: The grantee by acceptance of any franchise awarded hereunder acknowledges that it has Supp. No. 1 954 ` MICROFILMED BY JORM MICROLAB CEDAR RAPM-DF.s Motrus -...."rte FRANCHISES § 14.71 not been induced to enter into this franchise by any under- standing or promise or other statement, whether verbal or written, by or in behalf of the city concerning any term or condition of this franchise that is not included in this article. (f) Grantee accepts terms of franchise: The grantee ac- knowledges by the acceptance of this article and the franchise ordinance that it has carefully read its terms and conditions and it is willing to and does accept all the obligations of such terms and conditions and further agrees that it will not, prior to substantial completion of the system, set up as against the city the claim that any provision of this article as adopted and any franchise granted hereunder is unreasonable, arbitrary, invalid or void. (g) Incorporatfon of proposals: The grantee, by the ac- ceptance of any franchise awarded hereunder, agrees that the matters contained in the grantee's application for fran- chise and as stated in oral presentation, except as inconsistent with the FCC rules and regulations, law or ordinance, shall be incorporated into the franchise as though set out verbatim. (Ord. No. 78-2917, § 2, 8-22-78) Sec. 14.71. Termination of franchise. (a) Grounds for revocatio>t: The city reserves the right to revoke any franchise and rescind all rights and privileges associated with the franchise in the following circumstances: (1) If the grantee should default in the performance of any of its obligations under this article or the franchise and fails to cure the default within thirty (30) days after receipt of written notice of the default from the city. (2) If the grantee should fail to provide or maintain in full force and effect the performance bond, security bond and liability and indemnification coverages as required in sections 14-74 and 14-75, respectively. (3) If a petition is filed by or against the grantee under the Bankruptcy Act or any other insolvency or credi- Supp. Na. 1 966 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIaEs § 14.71 IOWA CITY CODE F -� tors' rights law, state or federal, and the grantee shall fail to have it dismissed. (4) If a receiver, trustee or liquidator of the grantee is applied for or appointed for all or part of its assets. (6) If the grantee makes an assignment for the benefit of creditors. (6) If any court of competent jurisdiction, the FCC or any state regulatory body by rules, decision or other action determines that any material provisions of the fran- chise documents, including this article, is invalid or unenforceable. (7) If the grantee should violate any orders or ruling of any regulatory body having jurisdiction over the grantee unless the grantee is lawfully contesting the legality or applicability of such order or ruling. (8) If the grantee fails to receive the necessary FCC or state certification unless such cause is directly attrib- utable to an action or condition imposed by the city. (b) Procedure prior to revocation: Upon the occurrences of any of the events enumerated in subsection (a) of this section, the city council may, after hearing, upon thirty (80) days' written notice to the grantee citing the reasons alleged to constitute cause for revocation, set a reasonable time in which the grantee must remedy the cause. If, during the thirty -day period, the cause shall be cured to the satisfaction of the city, the city may declare the notice to be null and void. If the grantee fails to remedy the cause within the time spe- cified, the council may revoke the franchise. In any event, before a franchise may be terminated, the grantee must be provided with an opportunity to be heard before the city council, (c) Purchase of system by city: If the city determines not to reissue the franchise for reasons other than a material breach of the franchise or reasons unrelated to the perform- ance of the franchise holder or upon receipt of an application for assignment of the franchise or upon change of de facto Supp. No. 1 966 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS-DLS ;Iouits -_� FRANCHISES § 1471 control, the grantee shall first offer the broadband telecom- munications network for sale to the city at a fair and just market value, which value shall include the fair market value of the system as a going concern including the franchise it- self and the rights and privileges granted by the city. When a franchise is revoked pursuant to this section or ex- pires and is not renewed because of a material breach of the franchise, the grantee shall first offer the broadband tele- communications network for sale to the city at a fair and just market value, which value shall not include any value for the franchise itself or for any of the rights or privileges granted by the city. In the event the determination of fair market value cannot be negotiated or determined, said value shall be determined by an impartial arbitration procedure pursuant to state law, wherein the grantee and the city shall each choose an arbi- trator and the arbitrators chosen shall choose the third and the valuation determined by said arbitrators shall be con- sidered the fair market value at which the system will be offered to the city. The determination of the value of the system shall be decreased by the amount of any damages sustained by the city in connection with revocation or expira- tion, including without limitation, payment made by the city to another person or entity to operate the broadband tele- communications network for a temporary period after revo- cation. The cost of the arbitration procedures shall be shared equally by the city and the grantee. The city shall have ninety (90) days to exercise the right of first refusal to purchase the network, said ninety (90) days commencing on the day the fair market value of the system is determined either through negotiation or the arbitration procedure. If the city does not exercise its option to purchase and the network is not sold to another operator who has ob- tained a franchise from the city in a reasonable period of time, the grantee, upon request by the city, shall promptly remove all its plant, structures and equipment; provided, how- ever, that in the event the city determines not to exercise its right of first refusal it shall not unreasonably refuse to renew Supp. No. 1 967 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DF.S nolflES § 14.71 IOWA CITY CODE or grant a cable television franchise during a reasonable in- terim period. While transfer of the system and franchise is being neggtiated, arranged or ordered, the grantee may be required to continue service to the public unless for reasons beyond the control of the grantee said operation will be eco- nomically unfeasible to the grantee. (d) Restoration of property: In removing its plants, struc- tures and equipment, the grantee shall refill at its own ex- pense any excavation that shall be made by it and shall leave all public ways and places in as good condition as that pre- vailing prior to the company's removal of its equipment and appliances, without affecting the electric or telephone cables, wires or attachments. The city shall inspect and approve the condition of the public ways and public places and cables, wires, attachments and poles after removal. Liability insur- ance and indemnity provided in section 14-74 and the per- formance bond and security fund in section 14-75 shall continue in full force and effect during the period of removal. (e) Restoration by city, reimbursement of costs: In the " event of a failure by the grantee to complete any work re- quired by subsection (d) above or any work required by city law or ordinance within the time established and to the satis- faction of the city, the city may cause such work to be done and the grantee shall reimburse the city the costs thereof within thirty (30) days after receipt of an itemized list of such costs, or the city may recover such costs as provided in sections 14-75(b) and 14-75(d). (f) Lesser sanctions: Nothing shall prohibit the city, in its rules and regulations, from imposing lesser sanctions or censures than revocation for violations of provisions of this article including the shortening of the franchise period for substantial and repeated violations. (g) Expiration; extended operation: Upon the expiration of a franchise, the city may, by resolution, on its own motion or request of the grantee, require the grantee to operate the franchise for an extended period of time not to exceed six (6) months from the date of any such resolution. All provi- Supp. No. 1 958 MICROFILMED BY JORM MICROLAB CEDAR RArIDs.DFs 1101r1Es FRANCHISES § 14-72 sions of the franchise shall continue to apply to operations during an extension period. The city shall serve written no. tice at the grantee's business office of intent to extend under this section at least thirty (30) days prior to expiration of the original franchise or any extensions thereof. (Ord. No. 78-2917, § 2, B-22-78) Sec. 14-72. Reports and records of the grantee. (a) Annual financial reports required: The grantee shall file annually with the city clerk not later than three (3) months after the end of its fiscal year during which it ac- cepted a franchise hereunder and within three (3) months after the end of each subsequent fiscal year, two (2) copies of: (1) The report to its stockholders; (2) An income statement identifying revenues, expenses and income applicable to its operations under said —� franchise during the fiscal year or fraction thereof and; —� (3) A listing of its properties devoted to network opera- tions together with an itemization of its investment in each of such properties on the basis of original cost, less depreciation. These reports shall include a balance sheet, listing of substantial liabilities and financing arrangements and such other reasonable information as the city may request, and shall be certified by a certified public accountant. (b) Annual facilities rep;wt required: The grantee shall file annually with the city clerk not later than three (3) months after the end of its fiscal year during which it ac- cepted a franchise hereunder and within three (3) months after the end of each subsequent fiscal year, two (2) copies of a total facilities report setting forth the total physical miles of plant installed or in operation during the fiscal year and a map showing the location of same, (c) Annual service record report required: The grantee shall, if requested by the city, file annually with the city clerk I Supp. No. I 959 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I101RES I. _ § 14-72 IOWA CITY CODE not later than three (3) months after the end of its fiscal year during which it accepted a franchise hereunder and within three (3) months after the end of each. subsequent fiscal year, two (2) copies of a list of all trouble complaints and received or experienced during the fisork dsuch calyear.All submitted data shall also include complaint disposition and response time. For the purposes of this provision, certified copies of a "complaint" logbook reflecting all such incidents will suffice. Also, if requested by the city, uncertified additions to the annual complaint log shall be supplied in two (2) copies to the city at intervals of not more than ninety (90) days following the filing of the annual report. (d) Annual measurements report required: The grantee city clerk not later than three (3) shall file annually with the months after the end of its fiscal year during which it ac- cepted a franchise hereunder and within three (3) months after the end of each subsequent fiscal year two (2) copies of a report on the network's technical measurements, as set forth herein. (e) Annual operations reports required: The grantee shall file annually with the city clerk not later than three (3) months after the end of each subsequent fiscal year two (2) cepted a franchise hereunder and within three (3) months after the end of each subsequent fiscal year two (2) copies of the following supplemental information: (I) If a holdersnandlic bondcorporation lderls both of recolydcurrent orbeneficial. If a public corporation, a list of all shareholders who indiv per sent fly or or more 11 of the concerted voting stock of hold corporaree - tion. (2) A current list of all grantee's officers and directors nclu ng addres es and telephone numbers. (3) nCopies poleusf apertinent e agreements agreements, enteredinto or bythe contracts, grantee Supp. No.1 960 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES FIOINES FRANCHISES § 14.72 during the fiscal year in the conduct of its business under a franchise granted hereunder. (4) The names and both business and residential addresses and phone numbers of the broadband telecommunica- tions network resident manager and engineer. (6) Two (2) copies of all types of subscriber agreements. Copies of individual subscribers' agreements are not to be filed with the city. (6) Copies of all rules and regulations promulgated by the grantee during the fiscal year in the conduct of its business in accordance with the provisions of section 14-67 hereunder. (7) A copy of the annual report(s) of the parent firm(s) which own an interest of more than three (3) per cent or more of the voting stock of the grantee; and such other annual report(s) of subsidiaries or divisions of i the parent firm(s) as the city deems necessary. (f) Application for certificate of compliance: The grantee shall give formal notice to the city that it is seeking a certifi- cate of compliance from the Federal Communications Com- mission. Within five (6) calendar days upon filing such a re- quest with the Federal Communications Commission, the grantee shall file two (2) copies of its application for certifi- cation with the city clerk. (g) Public availability of reports: Such documents and reports as required under this article must be available to the public in the office of the city clerk, during normal business hours. Subscribers shall be notified of the availability of such reports in ways approved by the broadband telecommunica- tions commission. (h) Correspondence. The grantee shall simultaneously file with the city clerk a copy of each petition, application and communications transmitted by the grantee to, or received by the grantee from, any federal, state or other regulatory commissions or agencies having competent jurisdiction to Supp. No. 1 961 MICROFILMED BY JORM MICROLAB CEDAR RAPIDs•uf.s MOIIIES § 14.72 IOWA CITY CODE regulate and pertaining to the operations of any broadband telecommunications network authorized hereunder. (i) City's access to records: (1) The city reserves the right during the life of any franchise granted hereunder to have access at all nor- mal business hours and, upon the giving of reasonable notice, to the grantee's contracts, engineering plans accounting, financial data and service records relating to the property and the operations of the grantee and to all other records required to be kept hereunder. Nothing contained herein shall prevent the grantee from enjoining the city from reviewing documents re- lating to proprietary interests not related to its oper- ation under this article in the city's regulatory pro- gram. (2) Records of subscriber lists and identifiable subscriber statistical data not othenvise required by this article shall be made available only upon a ruling by a judge of competent jurisdiction that such records are material to the city's regulatory program. (j) Subscriber agreement: The form of the grantee's agree- ments with its subscribers shall be subject to the approval of the city council and two (2) copies of all types of agree- ments used by the grantee shall be filed and maintained with the city clerk. (Ord. No. 78-2917, § 2, 8-22-78) Sec. 14-73. Franchise payment. (a) Filing fee: Applicants for a franchise hereunder shall pay a nonrefundable filing fee to the city of one thousand dollars ($1,000.00) which sum shall be due and payable at the time with the submission of the application. (b) Franchising compensation: Grantees of a franchise hereunder shall provide an initial payment to the city in an amount equal to the direct costs of granting the franchise including but not limited to consultants fees, which sum shall Supp. No. I 962 MICROFILMED BY JORM MICROLAB CEDAR RARIDS•OF.s MINES FRANCHISES § 14-73 be due and payable concurrently with the grantee's acceptance of the franchise, to offset the city's costs in the franchise awarding process. (c) Annual franchise payment: Grantees of a franchise hereunder shall pay to the city an annual fee in an amount equal to three (3) per cent of the "annual gross revenues," as defined herein, in lieu of all other city's permits and fees, to be utilized by the city to offset its regulatory and adminis- trative costs and to maximize awareness and use of the ac- cess capacity. This payment shall be in addition to any other payment owed to the city by the grantee and shall not be constructed as payment in lieu of municipal property taxes or other state, county or local taxes. (d) Method of computation; interest: (1) Sales taxes or other taxes levied directly on a per sub- scription basis and collected by the grantee shall be deducted from the local annual gross revenues before computation of sums due the city is made. Payments due the city under the provisions of subsection (c) above shall be computed annually as of December 31 for the preceding year and shall be paid simultaneously with the filing of annual reports required in section 14-72 at the office of the city clerk during his regular business hours. The payment period shall commence as of the effective date of the franchise. The city shall be furnished a statement with each payment, by a certified public accountant, reflecting the total amounts of annual gross revenues and the above charges, de- ductions and computations, for the annual payment period covered by the payment. (2) In the event that any payment is not made as required, interest on the amount due, as determined from the annual gross revenues as computed by a certified pub- lic accountant, shall accrue from the date of the re- quired submittal at an annual rate of twelve (12) per cent. The percentages designated in this section may be amended no more than once each year by the city Supp. No. 1 963 MICRBFILMEB BY JORM MICROLAB CEDAR RAPIDS -DES 110IflEs § 14.73 IOWA CITY CODE council, consistent with increased costs for municipal facilities and supervision and applicable rules of other regulatory agencies. (e) Rights of recomputation: No acceptance of any pay- ment by the city shall be construed as a release or as an ac- cord and satisfaction of any claim the city may have for further or additional sums payable as a franchise fee under this article or for the performance of any other obligation of the grantee. All amounts paid shall be subject to audit and recomputation by the city. (Ord. No. 78-2917, § 2, 8-22.78) Sec. 14-74. Liability and indemnification. (a) h:demnification of franchise: It shall be expressly understood and agreed by and between the city and any grantee hereunder that the grantee shall save the city harm- less from all loss sustained by the city on account of any suit, judgment, execution, claim or demand which the city may legally be required to pay as a result of the enactment of this article and the award of a franchise thereunder, except as such suit, judgment, execution, claim or demand may arise from the process or action of selection of a grantee or grantees for award of a franchise ns provided herein. (b) Indemnification of city in franchise operation: It shall be expressly understood and agreed by and between the city and any grantee hereunder that the grantee shall save the city and its agents and employees harmless from and against all claims, damages, losses and expenses, including attorney's fees sustained by the city on account of any suit, judgment, execution, claim or demand whatsoever arising out of the installation, operation or maintenance of the broadband tele- communications network authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this article and any franchise granted here- under. This provision shall not apply to acts of the city, its agents or employees. (c) Reimbursement of costs: The grantee shall pay and by its acceptance of any franchise granted hereunder agrees that Supp. No. 1 964 MICROFILMED BY JORM MICROLAB CEDAR RARIDS•D[S aotnEs FRANCHISES § 14-7, it will pay all expenses incurred by the city in defending itself with regard to all damages and penalties mentioned in sub- sections (a) and (b) above, except as such expenses may arise from the process (as above). These expenses shall in- clude all out-of-pocket expenses, such as consultant's or at- torneys' fees, and shall also include the reasonable value of any services rendered by the city attorney or his/her staff or any other employee of the city. (d) Public liability insurance: The grantee shall maintain and by its acceptance of any franchise granted hereunder agrees that it will maintain throughout the term of the fran- chise, any extensions thereto or as required in section 14- 71(d) herein, a general comprehensive liability insurance policy naming as the additional insured the city, its officers, boards, commissions, agents and employees, in a company ap- proved by the city manager and in form satisfactory to the city manager, protecting the city and all persons against liability for loss or damage for personal injury, death or property damage, occasioned by the operations of grantee under any franchise granted hereunder, in the amounts of: (1) Five hundred thousand dollars ($500,000.00) for bodily injury or death to any one person, within the limit, however, of one million dollars ($1,000,000.00) for bodily injury or death resulting from any one acci- dent, and (2) Five hundred thousand dollars ($500,000.00) for prop- erty damage resulting from any one accident. (e) Notice of cancellation or reduction of coverage: The insurance policies mentioned above shall contain an endorse- ment stating that the policies are extended to cover the lia- bility assumed by the grantee under the terms of this article and shall contain the following endorsement: It is hereby understood and agreed that this policy may not be cancelled nor the amount of coverage thereof re- duced until thirty (30) days after recepit by the city man- ager by registered mail of two (2) copies of a written notice of such intent to cancel or reduce the coverage. Supp. No, 1 965 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES § 14.74 IOWA CITY CODE �~ (f) Evidence of insurance filed will' city manager: All ied copies thereof and written policies of insurance or certifshall be filed and evidence of payment of required premiums sa anager during the fmaintained with the city ranchise granted hereunder�or any renewal thereof. of any povi (g) No waiver of performance bold: Neither th�herc ty sions of this article nor any insurance accepted by pursuant hereto, nor any damages recovered by the city there- under, shall be construed to excuse faithful performance by the granunder any tee or limit the liability of the grantee the er to the full franchise issued hereunder or for damages, a amount of the bond or otherwise. (Ord. No. 78-2917, 4 2, 8-22-78) Sec. 14-75. Bonds. (a) Proposal bond: Each applicant for a franchise here- under shall submit a proposal bond in a form acceptable to the city manager or a certified check on a bank that is a member of the Federal Deposit Insurance Corporation, pay- able to the order of the city in an amount of twenty-five thousand dollars ($25,000.00). Said bonnt a c ptshas the franchise ef- fect until such time as the app and furnishes both the performance band and the security fund as provided herein. (b) Performance bold: The grantee shall maintain and by its acceptance of any franchise granted hereunder agrees that it will maintain through the term of the franchise, or any renewal or extension thereof or as required in section a any re ), a faithful performance bond running to the city, and sufficient sureties or other with at least two (2) good financial guaranties approved by the city manager,i0.00) penal sum total of five hundred thousand dollars ($ conditioned upon the faithful performance of the grantee and upon the comply icondition awh ordi ordinance event regulationgrantee fail to comply govern - Ing the franchise, there shall be recoverable jointly and sev- erally from the principal and surety of the bond, any damages or loss suffered by the city as a result, including the full Supp. No. 1 966 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES imuES FRANCHISES § 14-75 amount of any compensation, indemnification, or cost of re- moval or abandonment of any property of the grantee, plus a reasonable allowance for attorney's fees and costs, up to the full amount of the bond. In addition, failure to meet con- struction deadlines as specified in section 14-80 unless ex- empted under the provisions of section 14-80(f) shall result in forfeiture of said bond or withdrawal from the security fund as provided in section 14-70(d) up to one hundred dol- lars ($100.00) per day for each day beyond the construction deadline as compensation by way of liquidated damages as a result of such failure. The bond shall contain the following endorsement: It is hereby understood and agreed that this bond may not be cancelled nor the intention not to renew be stated until thirty (30) days after receipt by the city manager of the City of Iowa City, Iowa, by registered mail of two (2) copies of a written notice of such intent to cancel or not renew. (c) Forfeit of proposal bond: Should the applicant fail or refuse to accept a franchise hereunder or fail or refuse to furnish the performance bond as set forth herein within thirty (30) days after written notification of the award of a franchise by the city, said applicant will be considered to have abandoned its proposal and the city shall enforce the proposal bond in accordance with its terms or retain tto proceeds of the certified check. (d) Security fund: (1) Within thirty (30) days after the award date of this franchise, the company shall deposit with the city clerk the sum of thirty thousand dollars ($30,000.00) in monies or securities as security for the faithful performance by it of all the provisions of this fran- chise and compliance with all orders, permits and di- rections of any agency of the city having jurisdiction over its acts or defaults under this contract and the payment by the company of any claims, liens and taxes due the city which arise by reason of the construction, operation or maintenance of the system. Any monies Supp. No. 1 967 MICROFILMED BY JORM MICROIAB CEDAR RAPIDS -DES MOIRES § 14-76 IOWA CITY CODE deposited pursuant to this section shall be placed by the city clerk in an interest-bearing demand account at a bank or local savings institution agreeable to both parties. The interest on this account will accrue to the benefit of the company. (2) Within ten (10) days after notice to it that any amount has been withdrawn from the security fund deposited pursuant to subsection (d) (1) of this section, the com- pany shall pay to, or deposit with, the city clerk a sum of money or securities sufficient to restore such security fund to the original amount of thirty thousand dollars ($30,000.00)- (3) If the company fails to pay to the city any compensa- tion required pursuant to this article within the time fixed herein; or, fails, after ten (10) days' notice to pay to the city any taxes due and unpaid; or, fails to repaid to the city, within such ten (10) days, any damages, costs or expenses which the city shall be compelled to pay by reason of any act or default of the company in connection with this franchise; or, fails, after three (3) days' notice of such failure by the office of the city manager, to comply with any provi- sions of this contract which the office of the city manager reasonably determines can be remedied by an expenditure of the security, the city clerk may im- mediately withdraw the amount thereof, with interest and any penalties, from the security fund. Upon such withdrawal, the city clerk shall notify the company of the amount and date thereof. (4) In the event the grantee wishes to contest withdraw- al, the grantee may petition to the commission for a hearing within ten (10) days from date notice of withdrawal is mailed or otherwise given. (Ord. No. 78-2917, § 2, 8-22-78) Sec. 14.76. Fees, rales and charges. (a) Charges for services: All the following charges for services shall be subject to city council approval, in accord - Supp. No. 1 969 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIOFs FRANCHISES 14-76 ante with the Schedule of charges contained in the grantee's application for franchise, which schedule is incorporated here- in by reference, and any modifications to such schedule that may result from a review requested by the city on its own motion or at the request of the grantee. The charges shall be filed with the city and be in accordance with the requirements set forth in subdivisions (1) through (3) of this subsection. (1) Basic services charges: The grantee may make a charge to subscribers, private or commercial, for in- stallation and connection and reconnection to its broad- band telecommunications network and a fixed monthly charge for basic service within the meaning of section 14-61 of this article. Installation charges shall not be charged where premises are already wired. (2) Buried service charge: In the event that a subscriber requests a buried service drop to his residence, the t grantee shall bury such drop upon the payment of such t �\ fee (s) that have been approved by the city council. ` (3) Unusual connections charges: The grantee may make a charge to subscribers for installation and connec- tion to its network in addition to those charges set forth in subdivision (1) above, where unusual circum- stances exist, such as remote or relatively inaccessible subscriber locations or for an antenna switching device. (b) Notification of charges: The grantee may establish charges for its services not specified in subsection (a) above; however, all such charges, including but not limited to addi- tional service, leased channel, discrete channel, production and advertising rates, and the charge to all users of the ac- cess channels for reasonable production and origination costs, shall be made public and two (2) copies of the schedule of charges, as originally and thereafter modified, shall be filed s with the city clerk prior to the effective date of such changes. (c) All rates to be fair and reasonable: All charges set by the grantee for service shall be fair and reasonable and calcu- lated to offset all necessary costs for provisions of the serv- ice, including a fair rate of return on its investment devoted thereto under efficient and economical management. Supp. No. I 969 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111Cs § 14-76 IOWA CITY CODE (1) No considerations beyond schedule: The grantee shall receive no consideration whatsoever for or in connec- tion with a service to its subscribers other than what may have been filed with and/or approved by the city in accordance with this section. (2) Deposits on advance payments to be approved: The grantee shall receive no deposit, advance payment or penalty from any subscriber or potential subscriber other than those established in the schedule of charges previously filed with and/or approved by the city council. (3) Purchase of converter or switch: In the event that a set converter or coaxial switch or other appurtenant device is required to permit subscribers to receive full network service, the grantee shall give the subscriber the option of purchasing the converter at a reasonable cost at the time of initial installation thereof, or of purchasing said converter switch or other appurtenant device at the then prevailing local installment plan P interest rate. The grantee hereby agrees to allow the subscriber to provide a converter, switch or other ap- purtenant device at its subscriber terminal, provided that such device meets with the approval of the grantee. Such approval shall not be withheld if it is shown that such device does not interfere with the operation of the broadband telecommunications net- work. If the subscriber elects not to purchase or pro- vide said converter, switch or other appurtenant de- vice, the grantee may make an additional charge for the rental of such converter, switch or other appurte- nant device providing that the additional charge is in accordance with the schedule of charges contained in the grantee's application for a franchise hereunder or hereafter shall be filed with and approved by the city. (4) Subscriber refunds: a. If any subscriber of the grantee of less than thirty (30) days terminates services due to the grantee's Supp. No. 1 970 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110INES FRANCHISES § 14-76 failure to render service to such subscriber of a type and quality provided for herein; b. If service to a subscriber is terminated by the grantee without good cause; or C. If the grantee ceases to operate the broadband telecommunications network authorized herein for any reason except termination or expiration of a franchise granted hereunder; the grantee shall refund to such subscriber an amount equal to the monthly charge, installation and connec- tion charge paid by such subscriber in accordance with the then -existing schedule of charges. (5) Disconnection: There shall be no charge for discon- nection of any installation or outlet. If any subscriber fails to pay a properly due monthly subscriber fee, or any other properly due fee or charge, the grantee may disconnect the subscriber's service outlet. Such dis- connection shall not be effected until sixty (60) days after the due date of said delinquent fee or charge, or until ten (10) days after adequate written notice of the intent to disconnect has been delivered to the sub- scriber in question. Upon payment of charges due and the payment of a reconnection charge, if any, the grantee shall promptly reinstate the subscriber's cable service after request by subscriber. (d) Acceptance of city's authority to regulate rates: The grantee shall agree, and by its acceptance of a franchise, spe- cifically agrees to be subject to the city, or other regulatory bodies, having competent jurisdiction to fix just, reasonable and compensatory rates. (e) Rates subject to other regulations: The grantee in sub- mitting its request for approval of initial rates or any subse- quent rates shall do so for all services to be performed to or for subscribers described in subsection (a). If FCC Rules and Regulations, or any other applicable laws or regulations, shall subsequently determine that the City of Iowa City has juris- Supp. No. 1 971 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MDIIlES i § 14-76 IOWA CITY CODE diction over other services or service to be offered or per- formed, said rates shall be subject to approval by the city at that time. (f) Reduction of fees: If during the term of any franchise or renewal thereof granted hereunder, the grantee receives refunds or if the cost of operation to the grantee is reduced as a result of an order of any regulatory body having compe- tent jurisdiction, the grantee shall pass on to its subscribers on a prorated basis any such savings or reduced costs on a basis to be determined by the city council. (g) Rate change procedures: (1) Freeze on initial rates: The grantee shall not file an application for an increase in fees, rates or charges until twenty-four (24) months have expired from the time the grantee has been determined to have com- menced operation or from date franchise is granted, whichever is later, except to seek relief from the impo- sition of any federal, state or local taxes or other le- gally imposed fees not contemplated in the original rate determinations. (2) Limitation on application for increase in rates: The grantee shall not file more than one application for an increase in fees, rates or charges during any calendar year except to seek relief from the imposition of fed- eral, state or local taxes or other legally imposed fees not contemplated in the most recent rate determination. (g) Review of rates: The broadband telecommunications commission shall review the grantee's schedule of fees, rates or charges upon application by the grantee as herein provided or at any time on its own motion. The commission shall submit such schedule and any con- templated modifications thereof, together with its recommendations, to the city council as expressed in such a resolution. The city council may reduce or in- crease such fees, rates or charges adopted for this purpose and no change in the grantee's schedule of Supp. No. I 972 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•OES MOIIIES FRANCHISES 14.44 fees, rates or charges shall be effective without prior action of the commission and the approval of the council. No such resolution shall be adopted without prior public notice and opportunity for all interested members of the public, including the grantee, to be heard, subject to the procedures set forth in subsection (c) hereof. No change in rates shall take effect until thirty (30) days after the approval of the rates by the city council. (4) Documentation of request for increase: Any increase requests, in addition to other factors described in this section, shall be supported by a showing of in- creased costs for the existing services or proposed services and shall be filed in two (2) copies with the city clerk. If a grantee requests a change, it shall pre- sent in detail in writing the statistical basis, in addi- tion to other requirements as set out in this section, for the proposed fee change at least ninety (90) days prior to the proposed effective date. (6) Records to be made available: In addition, for the pur- poses of determining the reasonableness of grantee fees, rates or charges, all such information, in accord- ance with the provisions of section 14-78(h), shall be made available to the city. (6) Notification of changes in regulatory fees: The grantee shall provide written notification to the city council of any changes received in regulatory fees payable by it to any other agency having regulatory jurisdiction over the grantee. (Ord. No. 78-2917, § 2, 8.22-78) Sec. 14.77. Education and government connection to broad- band telecommunications network. The grantee shall provide upon request within the city one connection and monthly service for "basic service" to such public, parochial and nonprofit private schools, the University Of Iowa, city and other government buildings and other agen- cies, provided that such designated locations are within three Supp. No. 1 973 MICROFILMED BY JORM MICROLAB CCDAR RAPIDS -DCS I40114ES § 14-77 IOWA CITY CODE 1_ ` hundred (300) feet of any network cable route. Initial in- stallation shall be without charge. The rates for monthly service shall be designated by the grantee in its proposal. Rates for monthly service to residential or living units within such entities may be negotiated with each such entity. The grantee may charge for any excess footage on the basis of time and material for any such locations beyond the three hundred -foot limitation if such connection is designated by the city. The city reserves the right for itself and the above entities at their individual expense to extend service to as many areas within such schools, buildings and agencies as it deems de- sirable without payment of any additional installation fee or monthly fee to grantee. All such extensions, however, shall be accomplished in such a way so as not to interfere with the operation of the broadband telecommunications network. (Ord. No. 2917, § 2, 8-22-78) Sec. 14-78. Extension of network. a) Extension across city boundaries: Before any subscrib- er located in a community other than the City of Iowa City or University of Iowa is allowed to connect to the broadband telecommunications network, the grantee shall be capable of furnishing service to a "substantially completed" system for Iowa City residents unless a waiver of this section has been granted by the city council of the City of Iowa City, Iowa. A written waiver request must be made thirty (30) days before, requesting an appearance before the city council. Such waiver request shall clearly state the potential impact of such occur- rence on the operations and finances of the grantee, the costs of such an extension and who is to bear such costs and any anticipated interconnection with such institutions, as defined in section 14-77 within the area to be served by such network extension. If permission is granted by other jurisdictions, the grantee shall be required to extend the network or cooperate with other grantees in those jurisdictions to provide service to institutions listed in section 14-80 of this article. Supp. No. 1 974 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 610 RIES FRANCHISES § 14.79 (b) Extension of network within city boundaries: (1) Conditions of required extension: The grantee shall at its expense within a reasonable amount of time extend its broadband telecommunications network so as to provide full network service to all residents of: a. Newly annexed areas of the city not then served by a broadband telecommunications network, or b. New housing areas developed within the city limits, or c. Any resident dwelling within the city limits and within two hundred (200) feet of an existing net- work. (2) Extension policy: The grantee shall file with the city clerk two (2) copies of its extension policy for poten- tial subscribers dwelling beyond two hundred (200) feet from the nearest point of the existing network but within the city limits. Such policy must be approved by the city and the grantee shall not make, or refuse to make, any extension except as permitted by this approved policy. (3) Disputes: The commission shall, upon petition, conduct a public hearing and make a final determination con- cerning any disputes arising from the extension of the network as stated herein. (Ord. No. 2917, § 2, 8-22-78) Sec. 14-79. Construction timetable (a) Permit application: it is hereby deemed in the public interest that the system be extended as rapidly as possible to all residents within the city. Within ninety (90) days of the effective date of a franchise granted hereunder, the grantee shall file with the appropriate authorities and utilities all initial papers and applications necessary to comply with the terms of this article including the application for franchise 'and any additions or amendments thereto and shall there- after diligently pursue all such applications. After the grantee has diligently pursued the acquisition of necessary pole at - Supp. No. 1 975 MICROFILMED BY JORM MICROLAB CEenR RAMS-nES MOPIES § 14.78 IOWA CITY CODE tachment contracts, or other necessary easements, and where such necessary contracts have not been executed or easements obtained after a reasonable period of time as determined by the city, the city may, at its discretion, provide assistance to ensure the extension of the system to all residents. (b) Commencement of construction: Within one hundred eighty (180) days of the effective date of FCC certification, the grantee shall initiate construction and installation of the broadband telecommunications network. Such construction and installation shall be pursued with reasonable diligence. (c) Commencement of operation: Within twelve (12) months of the effective date of FCC certification, the grantee shall "commence operation" within the meaning set forth in section 14.61 of this article. (d) Substantial completion of cotstnlctiou: Within twenty- four (24) months of the effective date of FCC certification, the grantee shall have "substantially completed" construction of the "service area" within the meaning set forth in section 14-61 of this article. (e) Provisions of basic service: Within thirty-six (36) months of the effective date of FCC certification, the grantee shall have placed in use sufficient distribution facilities so as to offer basic service to one hundred (100) per cent of the dwelling units in the service area to which access is legally and reasonably available. (f) Delays and extension of time: The city council may in its discretion extend the time for the grantee, acting in good faith, to perform any act required hereunder. The time for performance shall be extended or excused, as the case may be, for any period during which the grantee demonstrates to the satisfaction of the city council that the grantee is being sub- jected to delay or interruption due to any of the following circumstances if reasonably beyond its control: (1) Necessary utility rearrangements, pole change -outs or obtainment of easement rights, (2) Governmental or regulatory restrictions, Supp. No. 1 976 d MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES IfotaEs FRANCHISES § 14-80 (3) Labor strikes, (4) Lockouts, (5) War, (6) National emergencies, (7) Fire, (8) Acts of God. (g) When certain operations are to commence: If FCC cer- tification is not required for a franchise granted under this article, all time periods specified in subsections (b), (c), (d) and (e) of this section shall commence with the effective date of the franchise granted hereunder. (Ord. No. 2917, § 2, 8- 22-78) Sec. 14.80. Network description. (a) System bandioidth capability: The grantee shall install a cable network according to the following specifications: The initial system [shall be] designed to a capacity equivalent to a minimum of thirty-five (35) forward six -MHz channels, twenty (20) MHz for FM signals and four (4) return six - MHz channels. Capacity shall be increased as demand for additional channel utilization exceeds this minimum. The grantee at its option may provide for this increased capacity at the time of initial construction. Whenever a reverse or feedback circuit is routed from a sub- scriber's premises, it shall be connected so as to permit sub- scriber notification and subscriber controlled deactivation, As total bi-directional capacity is of a great deal of interest to the city, applicants for a franchise hereunder may propose greater channel capacities and more sophisticated two-way capabilities than the minimums set forth herein. However, such proposal shall describe the particular community needs to be served thereby and shall detail, as part of the financial projection and support required in Section 14-69(b)(11),(12) the associated costs and revenues. Supp, No, 1 977 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOInES § 14-80 IOWA CITY CODE (b) System configuration: The grantee shall design and construct the network in a hub configuration in such a way as to provide maximum flexibility and to service the Univer- sity of Iowa and other areas. (c) Locations subject to experimental needs: The grantee shall submit proposals to accommodate originator and experi- mental needs from the following locations as may be desig- nated by the city: (1) The University of Iowa, Iowa City, (2) City and county buildings, three (3) locations, one be- ing the council chambers, (3) Specified public, parochial and nonprofit private schools, (4) The public library, (5) The main office of the board of education, (6) Public access center. (d) Privacy: The system shall be designed and constructed in such a manner to prevent or deter invasion of privacy. (Ord. No. 2917, § 2, 8-22-78) Sec. 14-81. Network technical requirements. (a) General requirements: Each broadband telecommuni- cations network must be so designed, installed and operated as to meet the following general requirements: (1) Capable of continuous twenty-four (24) hours daily operation; (2) Capable of operating over an outdoor temperature range of minus forty (-40) degrees Fahrenheit to one hun- dred forty (140) degrees Fahrenheit without cata- strophic failure or irreversible performance changes over an outdoor temperature range of minus ten (-10) five (105) to one hundred thirty (130) volts AC; (3) Capable of meeting all specifications set forth herein over an outdoor temperature range of minus ten (-10) Supp. No. 1 978 a, MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101REs FRANCHISES § 14-81 degrees Fahrenheit to one hundred (100) degrees Fahrenheit over variations in supply voltages from one hundred five (105) to one hundred thirty (130) volts AC; (4) Operated in such a manner as to avoid causing inter- ference with reception of off -the -air signals by non - subscribers to the cable system; (5) Designed, installed and operated so as to comply with all applicable rules and regulations promulgated by the Federal Communications Commission; (6) Designed, installed and operated so as to assure the delivery to all subscribers of standard color and mono- chrome signals on the FCC -designated Class I cable television channels without noticeable picture degrada- tion or visible evidence of color distortion or other forms of interference directly attributable to the per- formance of the broadband telecommunications net- work. (b) Class 1 channel performance requirements; The follow- ing requirements apply to system performance on the FCC - designated Class I cable television channels as measured at any subscriber terminal with a matched termination: (1) The signal level as measured at the visual carrier fre- quency for each cable television channel shall not be less than one thousand (1,000) (microvolts) across a seventy -five -ohm terminating impedance. The aural carrier level shall be maintained between thirteeen (13) and seventeen (17) decibels below its associated visual carrier level. (2) The visual carrier signal level on each television channel shall not vary more than twelve (12) decibels within any twenty -four-hour period and shall be maintained within: a. Three (3) decibels of the signal level of any visual carrier within a six -MHz nominal frequency sepa- ration; and Supp. No. 1 979 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES § 14-81 b. C. IOWA CITY CODE Twelve (12) decibels of the visual carrier signal level on any other cable television channel. A maximum level such that signal degradation due to overload in the subscriber's receiver does not occur. (3) Broadband telecommunications network frequency re- sponse as measure at any subscriber terminal shall not vary by more than plus or minus two (2) dB for all frequencies within minus five -tenths (-0.5) and plus five and forty-five hundredths (-1-5.45) MHz of the lower band edge frequency. (4) The corrected ratio of visual signal level to system noise shall not be less than forty (40) decibels. This requirement is applicable only to the following signals: a. Each off -air signal carried by a broadband tele- communications network serving subscribers with- in the Grade B contour for�that signal; or b. Each off -air signal which is first picked up within its Grade B contour; or c. Each off -air signal which is received by the cable system via microwave or other similar form of transmission. (5) Cross -modulation as measured at any visual carrier frequency from the cable system input to any sub- scriber terminal shall not exceed minus forty-six (-46) dB (as defined by NCTA Standard 002.0267) at a tem- perature range of minus ten (-10) degrees to one hundred (100) degrees Fahrenheit. (6) The ratio of visual carrier signal level to the RMS am- plitude of any coherent disturbances such as intermod- ulation products, system generated or induced co - channel signals or discrete frequency interfering sig- nals shall not be less than forty-six (46) decibels except for officially assigned offset carriers for which it shall not be less than thirty-six (36) decibels. Supp. No. 1 080 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES FRANCHISES A 14-82 (7) The terminal isolation between subscribers shall not be less than twenty (20) decibels except that the isolation between multi -terminals of one subscriber shall not be less than eighteen (18) decibels. (8) The hum modulation as measured over the usable fre- quency bandwidth from broadband telecommunications network input to any subscriber terminal shall not ex- ceed three (3) per cent. The per cent of hum modula- tion is defined as the ratio expressed in percent of the average level of the detected signal to one-half (1/2) the indicated peak AC hum. (9) Radiation from a cable television system shall be in accordance with the limits set forth in Part 76, Section 76.605(a) (12) of the FCC Rules and Regulations. (e) Standards modified where necessary: Notwithstanding the fact that the network may be in compliance with all the standards set forth herein, the city may require a higher level of performance in any area to resolve signal quality or interference problems. `y (d) Specifications for additional channels to he submitted: Proposed specifications for FCC -designated Class II, III and IV channels shall be submitted by the grantee to and approved by the city as the use of these channels is implemented. (e) Interconnection with redistribution systems: A grantee shall not interconnect with any distribution or redistribution system that does not meet or exceed the technical standards of any system operated under this article. (Ord. No. 2917, § 2, 8-22-78) Sec. 14.82. Performance measurements. (a) General requirements: Test procedures used in verifi- cation of the performance criteria set forth herein shall be in accordance with good engineering practice. The test proce- dures specified in subsection (b) of this section are designed as a guide and should be made under conditions which reflect system performance during normal system operations. As Supp. No. 1 980.1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111Es 14-82 IOWA CITY CODE there is more than one technically acceptable method for per- forming many of the measurements, the technique and equip- ment utilized in each case if different from those set forth below shall be fully described in the annual certificate filed with the city. (b) Measurements procedures: All measurements shall be made from the "head end" of the broadband telecommunica- tions network to at least three (3) subscriber locations in each "local distribution system" at least two (2) of which shall be "worst case" locations (system extremities). Measurements shall be made at seventy -five -ohms with the loss of the set transformer indicated where applicable for each test location. The measurements are to be made as follows: (1) Network frequency response measurements may be made with a calibrated signal generator, variable at- tenuator and a frequency selective voltmeter (if an accurately calibrated field strength meter is used for the measurements, its date of calibration shall be in- dicated on the technical measurement certificate filed % with the city). All television signals except for ALC, AGC or ASC pilot carriers may be disconnected during this test. With all automatic gain control amplifiers in the section under test set to their normal operating mode, the signal generator shall be connected to the input of the broadband telecommunications network and set for a CW signal at the desired frequency and at the level normally present at that frquency and loca- tion. With the meter and variable attenuator connected in series to the subscriber terminal under test, the signal level shall be measured and recorded. Measure- ment shall then be made in a similar manner for all video carrier frequencies on the network at the levels normally carried on the network. (2) Network signal-to-noise measurements may be made in accordance with NCTA Standard 005.0669 or with a cali- brated signal generator and frequency selective volt- meter connected as described in subdivision (1) above. Supp. No. 1 980.2 � MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DFS 1101tlFs FRANCHISES 8 14.82 The signal generator shall be tuned, in turn, to the vis- ual carrier frequency of each FCC -designated Class I cable television channel and the signal level at the sub- scriber terminal recorded. The meter should then be tuned to a frequency two and five tenths (2.5) MHz above the visual carrier frequency of each channel de- scribed above and with the signal generator disabled, the indicated noise level recorded and corrected by an appropriate factor representing the ratio of four (4) MHz to the noise bandwidth of the frequency selective voltmeter. (3) The network cross -modulation measurement shall be performed in accordance with NCTA Standard 002.0267. (4) The amplitude of the discrete frequency interferences within a cable television channel may be determined with a frequency selective voltmeter, calibrated for adequate accuracy. (5) The terminal isolation between any two (2) subscriber terminals may be measured by applying a signal of pre- determined amplitude from a signal generator to one terminal in the reverse direction and measuring the am- plitude of that signal at the other terminal with a fre- quency selective voltmeter. (6) The system hum modulation may be measured at each visual carrier frequency on the system using a tali• brated signal generator, a detector and an oscilloscope. The signal generator shall be connected, and the level and frequency set at a predetermined mode with all other channels set at their normal levels. With the de- tector and oscilloscope connected to the subscriber ter- minal,the average level of the detected signal and the peak -to -peak AC hum will be indicated on the oscillo- scope. The per cent of hum modulation for this purpose is defined as the ratio, expressed in per cent, of the average level of the detected signal to one-half (1/2) of the indicated peak -to -peak AC hum. Supp. No. l 980.3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES 6 14,88 IOWA CITY CODE. (7) Radiation measurements shall be made in accordance with the procedures established in Part 76, Section 76.609 (b) (1) through (b) (5) of the FCC Rules and Regulations. (c) Additional tests and inspection: The city reserves the right to: (1) Require additional tests for cause at specific terminal locations at expense of the grantee, and (2) Conduct its own inspections of the broadband telecom- munications network on its own motion at any time during normal business hours with reasonable advance notice. (d) Report of measurements combined: To the extent that the report of measurements as required above may be com- bined with any reports of measurements required by the FCC or other regulatory agencies, the city shall accept such com- bined reports, provided that all standards and measurements herein or hereafter established by the city are satisfied. (Ord. a No. 2917, § 2, 8-22-78) Sec. 14.83. Channels to be provided. (a) Public access channel: The grantee shall provide at least one dedicated, noncommercial public access channel, as- sociated production equipment and necessary staff produc- tion assistance to be made available for the first five (5) minutes of live production to the public at no charge on a first come -first served nondiscriminatory basis. Hours of availability for use of such channel shall be specified in the application for franchise. The grantee shall regularly make information available to the public on the availability of the access channels with their monthly billing. The grantee shall, in cooperation with the commission, draft rules for the utili- zation of access channels. Such rules shall be placed on file with the city clerk. Except as specified by the FCC, the grantee shall not censor any programming on the access channels. (b) Education and government access channels: The grant- ee shall in addition to subsection (a) above provide at least Supp. No.1 980.4 i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES FRANCHISES § 14-83 one additional channel for educational and for governmental use. There shall be no charge made to users of these channels by the grantee, unless this practice is specifically prohibited by FCC regulations. Any required charges shall be in accord- ance with a schedule of charges filed and maintained with the city clerk and approved by the city council. The grantee, in cooperation with the commission, shall draft rules govern- ing use of these channels. Such rules shall be placed on file i with the city clerk. (c) University of Iowa channels: The grantee shall pro- vide at least one dedicated channel for the exclusive use of the University of Iowa at the university's discretion. Use of this channel will be either (a) at no charge, and operated under rules for educational access or (b) operated under a leased channel agreement negotiated with the grantee. (d) Additional channels: Whenever any of the channels as set forth in subsections (a), (b) or (c) are in use during .—� eighty (80) per cent of the weekdays (Monday through v j Friday) for eighty (80) per cent of the time during any consecutive three-hour period for six (6) consecutive weeks, the grantee shall make an additional channel available for the same purpose. (e) Production costs on access channels: The grantee shall not be responsible for the production costs of programs pre- pared for transmission (other than for brief live studio pres- entations not exceeding five (b) minutes) over the channels as set forth in subsection (a) above other than as the grantee may elect to be so. A schedule of rates for production and origination charges shall be filed with the city clerk. Such rates shall reflect actual cost incurred by the grantee. How- ever, there shall be no charges or fees for play back of pre- recorded material on the public access channel. (f) Leased access channel: The grantee shall maintain at least one specifically designated channel for leased access uses. In addition, other portions of its nonbroadeast bandwidth, in eluding unused portions of the specially designated channels, 3 Supp. No. 1 980.6 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES § 14-83 IOWA CITY CODE , shall be available for leased uses. On at least one of the leased channels, priority shall be given to part-time users. (g) Local origination channel: The grantee shall provide at least one channel fully devoted to local origination pro- gramming. The grantee shall, in determining the use of this channel, consider any recommendations of the commission and general public. (h) Time and weather programming: The grantee shall pro- vide time and weather programming. (i) Television broadcast signal carriage: The grantee shall carry those television broadcast signals which are in accord- ance with Part 76, Section 76.63 of the FCC Rules and Regula- tions. The provision of additional television broadcast signals as provided for in Part 76, Section 76.63(a) shall also be re- quired, The city is also interested in at least one additional television station broadcasting predominantly in a non-English language. (j) FM signal carriage: In addition to the television signals set forth in subsection (i) above, the grantee shall carry as a minimum the FM radio stations whose normal broadcast ranges fall within the city limits and all carrier current sta- tions originating within Johnson County. If the grantee elects to carry any AM station, all AM stations licensed to Iowa City must therefore be carried. In addition, the grantee shall provide for inclusion of a leased audio channel service accord- ing to their adopted rate schedule. (k) Basic service: Channels to be included on the first twelve (12) channels not requiring a converter or other ap- purtenance shall include: all television signals described in subsections (a), (b), (c), (g) and (i) of this section. As the maximized use of the total channel capacity is of a great deal of interest to the city, applicants for a franchise hereunder may submit proposals to utilize channels beyond the basic twelve (12). Such a proposal may include the use of convertors at no additional charge to subscribers. (1) Emergency alert override: The grantee shall incorpo- rate into its facilities the capability for an emergency over - Supp. No. 1 080.6 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111E5 FRANCHISES § 14-85 ride audio alert whereby a designee of the city, in times of crisis, may introduce an audio message on all broadband tele- communications network appropriate channels simultaneously. The grantee shall provide, in a location to be designated by the city, all equipment necessary for use of the emergency alert system. (Ord. No. 2917, § 2, 8-22-78) Sec. 14.84. Construction standards. (a) Cwapliance with safety codes: All construction practices shall be in accordance with all applicable sections of the Occu- pational Safety and Health Act of 1970 and any amendments thereto as well as all federal, state and local codes where applicable and with the National Electric Safety Code. (b) Cwnpliauce with electrical codes: All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the applicable sections of the municipal electrical ordinance and all state and local codes where applicable. (c) Antennas and towers: Antenna supporting structures (towers) shall be designed for the proper loading zone as specified in the Electronics Industry Association's R.S: 22-C Specifications. (d) Compliance with aviation requirements: Antenna sup- porting structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aeronautical Agency, the state aeronautics board governing the erection and operation of supporting structures or television towers, and all other ap- Plicable local or state codes and regulations. (Ord. No. 2917, § 2, 8-22-78) Sec. 14-85. Conditions of street occupancy. (a) Approval of proposed cmistr?ICtion: A grantee shall first obtain the approval of the city prior to commencing construe - tion on the streets,. alleys, public grounds or places of the city. Applications for approval of construction shall be in a form provided by the city. Supp. No. 1 980.7 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MoInES 14-85 IOWA CITY COPE !"ti I (b) Excavation permits: A grantee shall not open or dis- turb the surface of any street, sidewalk, driveway or public place for any purpose without first having obtained a permit to do so in the manner provided by ordinance. All excavation shall be coordinated with other utility excavation or construe - tion so as to minimize disruption to the public. (c) Chavges required by public improvements: A grantee shall, at its expense, protect, support, temporarily disconnect, or relocate in other public place any property of the grantee when required by the city by reason of traffic conditions, public safety, street vacation, street construction, change or establishment of street grade, installation of sewers, drains, water pipes, city -owned power or signal lines, and tracts or any other type of structure or improvement by public agencies. (d) Use of existing poles or conduits: Nothing in this ar- ticle or any franchise granted hereunder shall authorize the grantee to erect and maintain in the city new poles where existing poles are servicing the area. The grantee shall re- quire permission from the city before erecting any new poles, underground conduit or appurtenances where none exist at the time the grantee seeks to install its network. (e) Facilities not to be hazardous or interfere: All wires, conduits, cables and other property and facilities of the grantee shall be so located, constructed, installed and main- tained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon the streets and public places of the city. The grantee shall keep and main- tain all its 1, •operty in good condition, order and repair. The city reserves the right hereunder to inspect and examine at any reasonable time and upon reasonable notice the property owned or used, in part or in whole, by the grantee. The grantee shall keep accurate maps and records of all its facilities and furnish copies of such maps and records as requested by the city under section 14-72 herein. A grantee shall not place poles or other equipment where they will interfere with the rights or reasonable convenience of adjoining property own- ers or with any gas, electric or telephone fixtures or with any water hydrants or mains. All poles or other fixtures Supp. No. 1 980.8 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES n011JEs FRANCHISES § 14-85 placed in a street shall be placed in the right-of-way between the roadway and the property, as specified by the city. (f) Method of installation: All wires, cables, amplifiers and other property shall be constructed and installed in an orderly and in a manner consistent with the trade. All cables and wires shall be installed parallel with existing telephone and electric wires whenever possible. Multiple cable configur- ations shall be arranged in a parallel and bundled, with due respect for engineering and safety considerations. All in- stallations shall be underground in those areas of the city where public utilities providing telephone and electric service are underground at the time of installation. In areas where telephone or electric utility facilities are aboveground at the time of installation, the grantee may install its service above- ground provided that at such time as those facilities are re- quired to be placed underground by the city or are placed underground, the grantee shall likewise place its services underground without additional cost to the city or to the resi- dents of the city other than as may be granted under the i provisions of section 14-78. "ran! (g) Protection of facilities: Nothing contained in this sec- tion shall relieve any person, company or corporation from liability arising out of the failure to exercise reasonable care to avoid injuring the grantee's facilities while performing any work connected with grading, regrading or changing the line of any street or public place or with the construction or recon- struction of any sewer or water system. (h) Notice of city improvements: The city shall give the grantee reasonable notice of plans for street improvements where paving or resurfacing of a permanent nature is in- volved. The notice shall contain the nature and character of the improvements, the streets upon which the improvements are to be made, the extent of the improvements and the work schedule for the project. The notice shall give the grantee sufficient time to make any additions, alterations or repairs to its facilities as it deems necessary in advance of the actual commencement of the work, so as to permit the grantee to maintain continuity of service, Supp. No. 1 980,9 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110ITIE5 § 14-85 IOWA CITY CODE (i) Requests for removal or change: The grantee shall, on the request of any person holding a building moving permit, temporarily raise or lower its wires to permit the moving of said building. The expense of such temporary removal, rais- ing or lowering of wires shall be paid by the person request- ing the same, and the grantee shall have the authority to re- quire such payment in advance. The grantee shall be given not less than ten (10) working days' notice of any move con- templated to arrange for temporary wire changes. (j) Aatllority to trim trees: The grantee shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and other public places of the city so as to prevent the branches of such trees from coming in contact with the wires and cables of the company. All trimming is to be done under the supervision and direction of the city after the ex- plicit, prior written notification and approval of the city and at the expense of the grantee. The grantee may contract for such services; however, any firm or individual so retained shall receive city approval prior to commencing such activity. (k) Restoration or reinibursemeat: In the event of dis- turbance of any street or private property by the grantee, it shall, at its own expense and in a manner approved by the city and the owner, replace and restore such street or private property in as good a condition as before the work causing such disturbance was done. In the event the grantee fails to perform such replacement or restoration, the city or the owner shall have the right to do so at the sole expense of the grantee. Payment to the city or owner for such reolacement or restoration shall be immediate, upon demand, by the grant- ee. All requests for replacement or restoring of such streets or private property as may have been disturbed must be in writing to the grantee. (1) Office and records in city: The grantee shall at all times make and keep at an office maintained by the grantee in the city full and complete plans and records showing the exact location of all broadband telecommunications network equipment installed or in use in the streets or other public places of the city. The grantee shall furnish the city a current Supp. No. 1 980.10 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MolriLs FRANCHISES § 14.86 map or set of maps, drawn to scale, showing all broadband telecommunications network equipment installed and in place in streets and other public places of the city. (m) Emergency removal of plant: If, at any time, in case of fire or disaster in the city, it shall become necessary in the reasonable judgment of the city to cut or move any of the wires, cables, amplifiers, appliances or appurtenances thereto of the grantee, such cutting or moving may be done and any repairs rendered necessary thereby shall be made by the grantee, at its sole expense provided that such repairs are not necessitated by negligent act of the city, in which case, cost for repairs shall be borne by the city. (n) Alternate routing of plant: In the event continued use of a street is denied to the grantee by the city for any reason, the grantee will make every reasonable effort to provide service over alternate routes. (Ord. No. 2917, § 2, 8-22-78) Sec. 14.86. Interconnection. (a) No prohibition of interconnection: Nothing in this ar- ticle shall be construed so as to prohibit the grantee from interconnecting its network with other similar contiguous networks either in the city or in other municipalities, counties or states except as the provisions of section 14-78 apply. However, any revenues derived therefrom shall be equitably allocated in the calculation of "annual gross revenues" as set forth in section 14-73 herein. (b) Study required for interconnection: The grantee shall, if requested by the city, conduct a technical and economic feasibility study of any interconnection requested by the city. The study shall be presented to the city and in the event that the study shows such interconnection to be feasible, the grantee shall, if so instructed by the city, accomplish said interconnection. In the event that the study indicates tech- nical feasibility only, the city may elect, but at its sole dis- cretion, to arrange for compensation to be paid to the grantee, Supp. No. 1 980.11 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11olt1Es § 14-86 IOWA CITY CODE. in an amount sufficient to assure an economic "break even" by the grantee and so order the interconnection. (Ord. No. 2917, § 2, 8-22-78) Sec. 14.87. Unauthorized connections or modifications. (a) Unauthorized connections prohibited: It shall be un- lawful for any firm, person, group, company, corporation or governmental body or agency, without the expressed consent of the grantee, to make any connection, extension or divi- sion, whether physically, acoustically, inductively, electron- ically or otherwise, with or to any segment of a franchised broadband telecommunications network for any purpose what- soever, except as provided in section 14-77 herein. (b) Removal or destruction prohibited: It shall be unlaw- ful for any firm, person, group, company, corporation or gov- ernment body or agency to willfully interfere, tamper, re- move, obstruct or damage any part, segment or content of a franchised broadband telecommunications network for any purpose whatsoever. (c) Violation: Any firm, person, group, company, corpora- tion or governmental body or agency convicted of a violation of this section shall for each offense, forfeit a sum of not more than one hundred dollars ($100.00) together with costs of such prosecution. Violation of this section shall be con- sidered a separate offense for each twenty -four-hour period the violation continues following notification or discovery. (Ord. No. 2917, § 2,8-22-78) Sec. 14.88. Preferential or discriminatory practices prohibited. (a) Prohibited employment practices: The grantee shall not commit any of the following employment practices and agrees to prohibit the following practices in any contracts or sub. contract entered into or effectuate the operation of this r franchise. (1) To discharge from employment or refuse to hire any individual because of their race, color, religion, creed, Supp. No. 1 980.12 ' i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 14011JES FRANCHISES F 14.88 sex, national origin, age, disability, marital status or sexual orientation. (2) To discriminate against any individual in term, condi- tions or privileges of employment because of their race, color, religion, creed, sex, national origin, age, disability, marital status or sexual orientation. In addition to the above, the grantee shall comply with all applicable state, federal and municipal laws concerning dis- criminatory and unfair practices. (b) Services to be equally available: The grantee shall not refuse cable television service to any person or organization who requests such service for lawful purpose, nor shall a company refuse any person or organization the right to cable - cast pursuant to provisions of this article. The company shall not, as to rates, charges, service facilities, rules, regulations or in any other respect, make or grant any unreasonable pref- erence or advantage, nor subject any person to any prejudice or disadvantage. The company shall take affirmative steps to disseminate the information concerning the availability of its services to all minority and other underrepresented groups. This provision shall not be deemed to prohibit promotional campaigns to stimulate subscription to the system or other legitimate uses thereof, nor shall it be deemed to prohibit the establishment of a graduated scale of charges and classi- fied rate schedules to which any customer coming within such classifications shall be entitled, provided such schedules have been filed with and approved by the city as provided in section 14-76. (c) Fairness of accessibility: The entire system of the grantee shall be operated in a manner consistent with the principle of fairness and equal accessibility of its facilities, equipment, channels, studios and other services to all citizens, businesses, public agencies or other entities having a legiti- mate use for the system; and no one shall be arbitrarily excluded from its use; allocation of use of said facilities shall be made according to the rules or decisions of regulatory agencies affecting the same, and where such rules or deci- Supp. No. 1 980.13 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 4 14.88 IOWA CITY CODE sions are not effective to resolve a dispute between conflict- ing users or potential users, the matter shall be submitted for resolution by the broadband telecommunications network commission. (Ord. No. 2917, § 2, 8-22-78) Sec. 14.89. Subscriber privacy. (a) It shall be unlawful for any firm, person, group, com- pany, corporation or governmental body to initiate or use any form, procedure or device for monitoring or procuring information or data generated from or by cable subscribers' terminals, without prior written valid authorization from each subscriber so affected. Valid authorization shall mean writ- ten approval from the subscriber for a period of time not to exceed one year and shall not have been obtained from the subscriber as a condition of service. Further, it shall be un- lawful for a grantee, without such authorization, to activate and/or utilize any Class IV cable television channel in any manner from the subscribers' premises. In any case the sub- scriber shall retain the right to deactivate his/her terminal. Nothing herein shall prevent the grantee from monitoring for technical integrity. This subsection shall not prevent au- thorized individuals from obtaining information pursuant to a valid court order. (b) Subscriber data: The city or a grantee or any person shall not, without prior written valid authorization from each subscriber so affected, provide any data identifying or desig- nating subscribers, this shall include but not be limited to subscriber lists. Any data so authorized will be made avail- able to the authorizing subscriber in an understandable fashion. (c) Subscriber agreements: Any agreement or contract such as is necessary for subsections (a) and (b) above shall not be part of any other contract or agreement and shall not be a condition of subscribing to the system. (d) Violations: Any firm, person, group, company, cor- poration or governmental body or agency convicted of a vio- lation of this section shall for each offense forfeit a sum of Supp. No. 1 980.14 MICROFILMED 01 JORM MICROLAB CEDAR RAPIDS -DES MOINES FRANCHISES 4 14-91 not more than one hundred dollars ($100.00) together with costs of such prosecution. Violation of this section shall be considered a separate offense for each twenty -four-hour period the violation continues following notification or discovery. (Ord. No. 2917, § 2, 8-22-78) Sec. 14-90. Transfer. (a) Consent prior to transfer of franchise: Any franchise granted hereunder shall be a privilege to be held for the benefit of the public by the grantee. Said franchise cannot in any event be sold, transferred, leased, assigned or disposed of in whole or part, either by forced or voluntary sale, merger, consolidation, mortgage, trust, receivership or any other means without the prior consent of the city expressed by a council resolution and then only under such conditions as the council may establish. I (b) Consent prior to change of control: Prior approval of j the city council shall be required where ownership or control of more than three (3) per cent of the voting stock of grantee is acquired by a person or group of persons acting in concert, none of whom already owns or controls three (3) per cent or more of such right of control, singly or collectively. Transfer from a subsidiary to a parent corporation or vice versa shall not be considered as a change of control, Prior approval of the city council shall also be required for all changes in ownership or control by a person or group of per- sons acting in concert, who already own or control three (3) per cent or more of such right of control, singly or collectively. (c) Mortgage or pledge of network: Nothing in this article shall be deemed to prohibit the mortgage or the pledge of the network or any part thereof. However, any such mortgage or pledge shall be subject to and subordinate to the right of the city under this franchise or applicable laws. (Ord. No. 2917, § 22, 8-22-78) Sec. 14.91. Publication costs. The grantee shall assume the cost of publication of the franchise ordinance as such publication is required by law. Supp. No. 1 980.15 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES f401RES § 14.91 IOWA CITY CODE A bill for the publication costs shall be presented to the grant- ee by the city upon the grantee's filing of acceptance and shall be paid at that time. (Ord. No. 2917, § 2, 8-22-78) Sec. 14.92. Ordinances repealed. All ordinances or parts of ordinances in conflict with the provisions of this article are hereby repealed. (Ord. No. 78- 2917, § 2, 8-22-78) Sec. 14.93. Separability. If any section, subsection, sentence, clause, phrase or word of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such section, subsec- tion, sentence, clause, phrase or word shall be deemed a sepa- rate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. (Ord. No. 78-2917, § 2, 8-22-78) Supp. No. 1 980.16 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110114ES GARBAGE, TRASH AND REFUSE § 15-11 service of the notice. Such hearing shall be held within a rea- sonable time thereafter. All parties concerned shall be notified in the manner prescribed in paragraph (b) of this section of the time and place of the hearing, so that all parties have an opportunity to respond and present evidence and arguments on the issues involved. (b) Following the hearing, the hearing officer may affirm, modify, or reverse the city's determination, and issue a final order in the matter. The hearing officer shall promptly notify all parties of the decision by personal service or certified mail, return receipt requested. (c) All of the proceedings of the hearing, including notices and the decision and any order of the hearing officer, shall be entered in the office of the city clerk as a matter of public record, and kept for at least two (2) years. (Ord. No. 75-2790, § VIII (8.3), (8.4), 11-25-75) Sec. 15.10. Same—City's right to withhold services. If the city makes a final determination that any person has violated a provision of this chapter, or any rule promulgated pursuant to this chapter, it may withhold solid waste manage- ment services from the premises where that person resides until the violation is corrected. (Ord. No. 75-2790, § X, 11- 25-75) Sec. 15-I1. Regulations for newsprint collection. (a) No person may take the newsprint that has been set out at the location designated for collection within twenty- four (24) hours of the time designated for collection. (Ord. No. 77-2869, § 2, 11-15-77) E (b) This section shall not apply to paper drives by non- profit organizations who advertise a separate newsprint collec- tion and designate a pickup date which is more than twenty- four (24) hours from the date designated for that area by the • Supp. No. 1 987 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES IIOIHES 16-11 IOWA CITY CODE / contractor appointed by the city or on Saturdays. (Ord. No. 77-2869, §§ 2, 3, 11-15-77) Editor's note—Ord. No. 77.2869, §§ 2, 3, enacted Nov. 16, 1977, was nonamendatory of the Code; hence, its inclusion as § 16-11 of this Code to at the editor's discretion. Secs. 15.12-15-21. Reserved. ARTICLE II. COLLECTORS DIVISION 1. GENERALLY Secs. 15.22-15.28. Reserved. DIVISION 2. PERMIT* Sec. 15-29. Required. No person shall engage in the business of collecting, trans- M=•• porting. processing or disposing of solid waste within the cor- po:•ate limits of the city without first obtaining an annual permit from the city; provided, however, that this provision shall not be deemed to apply to employees of the holder of any such permit. (Ord. No. 75.2790, § VII(7.1), 11-25-75) Sec. 15.30. Application. Each applicant for any permit required by section 15-29 shall state in his application: (1) The characteristics of solid waste to be collected, trans. ported, processed or disposed; (2) The number• of solid waste transportation vehicles to be operated ; (3) The precise location or locations of solid waste dis- posal facilities to be used; *Cross reference—Licenaea and miscellaneous business regulations, Ch. 21. Supp. No. 1 988 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES FlolrlEs GARRAGE. TRASH AND REFUSE 15-31 (4) Such other information as required by the director. (Ord. No. 75-2780, § VII(7.2), 11-25-75) Sec. 15-31. Issuance; fee. If the application for the permit required by section 15-28 and inspection shows that the applicant will collect, transport, process or dispose of solid wastes without hazard to the public health or damage to the environment and in conformity with the laws of the state and this chapter, the director shall issue the permit authorized by this division. A permit sticker shall be applied to the upper right-hand corner of the right door of all transport vehicles. The permit shall be issued for a period of one year•, and each applicant shall pay a fee of one dollar ($1.00) for each transportation vehicle to be used. Nothing Supp. No. 1 888.1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES GARBAGE, TRASH AND RFTUSIs § 15-79 and recorder) with any recording officer as provided by gen. eral law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four (4) issues per year and sold to the public. Parc is a park, reservation, playground, beach, recreation center or any other public area in the city, owned or used by the city and (devoted to active a• passive recreation. Private ]))remises Is fifty dwelling, house, building or other structure designed o• used either wholly m• in part for private residential, business, commercial of- industrial purposes, whether inhabited m• temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, drive- way, porch, steps, vestibule or mailbox belonging or appurte- nant to such dwelling, house, building or other structure. Public place is any art(] all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings. Rubbish is nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrap- pings, cigarettes, cardboard, tin cans, ,yard clippings, leaves, wood, glass, bedding, crockery and similar materials. Vehicle is every device in, upon o• by which any person or property is of may be transported or drawn upon n highway, including devices used exclusively upon stationary rails o• tracks. �i Cross reference—Rules of construction and definitions generally, § 1.2. Sec. 15-79. Prohibited in public places generally. No person shall throw or deposit litter on or upon any street, sidewalk or other public place within the city except in public receptacles, in authorized private receptacles for collection or in official city dumps. Any person who drops, or permits to be dropped or thrown, upon any highway any of the above described materials shall immediately remove the same or cause it to be removed. (Code 1966, § 6.04.35; Ord. No. 77-2835, § II, 5-10-77) Cross reference—Streets, sidewalks and public ways, Ch. 41. Supp. No. 1 996 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES § 16.80 IOWA CITY CODE Sec. 15-80. Placement of litter in receptacles so as to prevent scattering required. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. Sec. 15-81. Sweeping litter into gutters. etc., prohibited. No person shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. Sec. 15.82. Throwing litter from vehicles. No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the city, or upon private property. Cross references—Motor vehicles and traffic, Ch. 23; vehicles for hire, Ch. 35. Sec. 15.83. Operation of trucks causing litter prohibited. No vehicle shall be driven or moved on any highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom, except that sand or other materials may be dropped for the purpose of securing traction, and water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway. It shall be unlawful for vehicles to deposit from their wheels or track quantities of mud, gravel or other materials onto paved public streets. (Code 1966, § 6.04.35; Ord. No. 77-2835, § II, 5-10-77; Ord. No. 78-2875, § 2, 1-3-78) Supp. No. 1 996 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11011jFs GARBAGE, TRASH AND REFUSE § 15.88 Sec. 15.84. Throwing litter in parks prohibited No person shall throw or deposit litter in any park owned by the city, whether within or without the city, except in public receptacles and in such manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein. Cross reference—Parks and recreation, Ch. 25. Sec. 15-85. Throwing litter in lakes and fountains prohibited. No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the city. Sec. 15-86. Dropping litter from aircraft. No person in any aircraft shall throw out, drop or deposit within the city or the confines of the municipal airport any litter, handbill or any other object. Crass reference—Airport generally, Ch. 4. Sec. 15-87. Depositing litter on occupied private property. No person shall throw or deposit litter on any occupied private property within the city, whether owned by such persons or not; except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place, or upon private prop. erty. Sec. 15-88. Owners to maintain premises free of litter. The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, Supp. No. 1 997 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES § 16.88 IOWA CITY CODE %moi however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection. Sec. 15.89. Throwing or depositing litter on vacant lots pro- bibited. No person shall throw or deposit litter on any open or vacant private property within the city whether owned by such person at- not. Sec. 15.90. Clearing of open private property by city upon owner's failure. (a) Notice to remove. The city manager or his/her desig- nate, is hereby authorized and empowered to notify the owner of any open or vacant property within the city or the agent of such owner to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such notice shall be by registered mail, addressed to such owner at his last known address. r. (b) iletios upon. noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dis- pose of litter dangerous to the public health, safety or wel- fare within seven (7) days after receipt of written notice provided for in subsection (a) above, or within fifteen (15) days after the date of such notice in the event the same is returned to the city because of inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the city manager or his/het• designate is hereby authorized and empowered to abate or cause the abatement of litter on private property. Abatement of litter on private property may be accomplished in accordance with the terms of the city's administrative code. (c) Charge hirluded in tax bill. When the city has effected the removal of such litter or has paid for its removal, the ac - Supp. No. 1 998 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DE.S MOIRES Chapter 17 HOUSING* Sec. 17.1. General provisions. The following general provisions shall apply in the inter- pretation and enforcement of this chapter: (a) Legislative finding. It is hereby found that there exist and may in the future exist, within the City of Iowa City, premises, dwellings, dwelling units, rooming units or parts thereof, which by reason of their structure, equipment, sanitation, maintenance, use or occupancy affect or are likely to affect adversely the public health (including the physical, mental and social well-being of Persons and families), safety and general welfare. To correct and prevent the existence of such adverse con- ditions and to achieve and maintain such levels of residential environmental quality as will protect and Promote public health, safety and general welfare, it is further found that the establishment and enforce- ment of minimum housing standards are required, (b) Purposes. It is hereby declared that the purpose of this chapter is to protect, preserve and promote the Physical and mental health and social well-being of the people, to prevent and control the incidence of com- municable diseases, to reduce environmental hazards to health, to regulate privately and publicly owned dwell- ings for the purpose of maintaining adequate sanita- tion and public health and to protect the safety of the 'Editor's note—As it is currently set out, Ch. 17 is basically de- rived from Ord. No. 78.2897, ¢ 11, enacted May 9, 1978; prior to the enactment of the above ordinance Ch. 17 was derived from the follow- ing legislation: Code 1966, H 9.80.1-9.80.10; Ord. No. 2416; Ord. No. 2488; Ord. No. 2496; Ord, No. 2621; Ord, No. 2667.'Ord. No. o. 2891, 78-2981, $ III, repealed the following ordinances; Ord. No. 2416; Ord. N Ord. No. 2496; Ord, No. 2621; Ord. No. 2667. Cross references—Department of housing and inspection services, Ch. 2, Art. VI; buildings nad building regulations, Ch. 8; electrical regula- tions, Ch. 11; fire prevention and protection, Ch. 12; plumbing, Ch. 28. Supp. No. 1 1190 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS- DES r101OF5 4 17.1 IOWA CITY COE)H People and to promote the general welfare by legisla- tion which shall be applicable to all dwellings now in existence or hereafter constructed. It is hereby further declared that the purpose of this chapter is to insure that the quality of housing is adequate for protection of public health, safety and general welfare, including establishment Of minimum standards for basic equip- ment and facilities for light, ventilation and thermal conditions, for safety from fire and accidents, for the use and location and amount of space for human occu- pancy and for an adequate level of maintenance; de- termination of the responsibilities of owners, operators and occupants of dwellings; and provision for the ad- ministration and enforcement thereof. (c) Scope. The provisions of this chapter shall appy uni- formly to the construction, maintenance, use and oc- cupancy of all residential buildings and structures, where applicable, and shall apply uniformly to the alteration, repair, equipment, use, occupancy and main- tenance of all existing residential buildings and struc- tures within the jurisdiction of the City of Iowa City irrespective of the date of construction. (d) Title. This chapter shall be known and may be cited as the Housing Maintenance and Occupancy Code of the City of Iowa City, hereinafter referred to as "the Housing Code". (Ord. No. 78-2891, § II, 5-9-78) Sec. 17-2. Definitions. The following definitions shall only apply in the interpreta- tion and enforcement of the Housing Code: Accessory structure shall mean a detached structure which is not used, or not intended to be used, for living or sleeping by human occupants. Adjoining grade shall mean the average elevation of the ground which extends three (3) feet from the perimeter of the dwelling. Supp. No. 1 1150 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES HOUSING § 17-2 Approved shall mean approved by or in accordance with regulations established by the housing inspector. Attic shall mean any story situated wholly or partly within the roof and so designed, arranged or built to be used for business, storage or habitation. Basement shall mean a portion of a building located partly underground, but having three and one-half (31/2) feet or more of its floor -to -ceiling height above the average grade of the adjoining ground. Bath shall mean a bathtub or shower stall properly con- nected with both hot and cold water lines. Cellar shall mean a portion of a building located partly or wholly underground and having less than three and one-half (31/2) feet of its floor -to -ceiling height above the average grade of the adjoining ground. Central heating system shall mean a single system supply- ing heat to one or more dwelling unit(s) or more than one i rooming unit. _ Communal shall mean used or shared by, or intended to be used or shared by, the occupants of two (2) or more rooming units or two (2) or more dwelling units. Court shall mean an open unoccupied space, other than a yard, on the same lot with a dwelling. A court not extending to the street or front or rear yard is an inner court. A court ex- tending to the street or front yard or rear yard is an outer court. Dining room shall mean a habitable room used or intended to be used for the purpose of eating, but not for cooking or the preparation of meals. Duplex shall mean any habitable structure containing two (2) single dwelling units. Dwelling shall mean any building or structure, except tem- porary housing, which is wholly or partly used or intended to be used for living or sleeping by human occupants and in- cludes any appurtenances attached thereto. Supp. No. 1 1151 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIDInES 1. .-r - § 17-2 IOWA CITY CODE• Dwelling unit shall mean any habitable roOOm or group of adjoining habitable rooms located within a dwelling and form- ing a single unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating of meals. Egress shall mean an arrangement of exit routes to assure a safe means of exit from buildings. Extermination shall mean the control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimina- tion methods approved by the housing inspector. Family shall mean one person or two (2) or more persons related by blood, marriage, adoption or placement by a govern- mental or social service agency, Occupying a living unit as an individual, housekeeping organization. A family may also be two (2), but not more than two (2) persons not related by blood, marriage or adoption. Garbage shall mean animal and vegetable waste resulting from the handling, preparation, cooking or consumption of food and shall also mean combustible waste material. The term shall also include paper, rags, carton, boxes, wood, ex- celsior, rubber, leather, tree branches, yard trimmings and other combustible materials. ce Habitable room shall mean a room or fcookingloor aor used or intended to be used for living, sleeping, pant ieating s,l foyers orccommun eluding ating corridors, closets, storage spaces and stairways. Housing inspector shall mean the official or officials of the City of Iowa City appointed to administer the provisions of the Housing Code. ean the presence, within or around a Infestation shall m dwelling, of any insects, rodents or other pests. Kitchen shall mean a habitable room used or intended to be used for cooking or the preparation of meals - Supp. No. 1 1152 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101RES HOUSING F 17-2 Kitchenette shall mean a food preparation area not less than forty (40) square feet in area. Kitchen sink shall mean a sink of a size and design ade- quate for the purpose of washing, eating and drinking utensils, located in a kitchen, properly connected with a cold water line and a hot water line. Lavatory basin shall mean a handwashing basin which is properly connected with both hot and cold water lines and which is separate and distinct from a kitchen sink. Living roan shall mean a habitable room within a dwell- ing unit which is used, or intended to be used, primarily for general living purposes. Multiple dlvelling shall mean any dwelling containing three (3) or more dwelling units. j Occupant shall mean any person, including owner or oper- ator, living, sleeping, cooking in or having actual possession of a dwelling unit or a rooming unit. Operator shall mean any person who rents to another or who has custody or control of a building, or part thereof, in which dwelling units or rooming units are let or who has cus- tody or control of the premises (for rooming houses, see room- ing house operator). Owner shall mean any person who has legal title or equit- able title or has custody or control of any dwelling, dwelling unit or rooming unit as executor, executrix, administrator/ ( administratrix, trustee or guardian of the estate of the owner. Permit shall mean a certificate certifying that the unit for which it is issued was in compliance with the applicable pro- visions of this chapter when last inspected. Said certificate shall expire one year from the date of issuance, unless sooner suspended or revoked as hereinafter provided and shall be renewed annually. Person shall mean any individual, firm, corporation, asso- ciation or partnership. Supp. No, 1 1153 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101aEs 4 Iv -z town CITY cone Plumbing shall mean and include all of the following sup- plied facilities and equipment: Gas pipes, gas -burning equip- ment, water pipes, garbage disposal units, waste pipes, toilets, sinks, lavatories, bathtubs, shower baths, installed dishwash- ers and clothes washing machines, water heating devices, catch basins, drains, vents and any other similar supplied fixtures together with all connections to water, sewer or gaslines. Premises shall mean a platted or unplatted lot or part there- of, either occupied or unoccupied by any dwelling or accessory structure. Privacy shall mean the existence of conditions which will permit a person or persons to carry out an activity commenced without interruption or interference by unwanted persons. Refuse shall mean waste materials (except human waste) including garbage, rubbish, ashes and dead animals. Refuse container shall mean a watertight container that is constructed of metal, or other durable material impervious to rodents, that is capable of being serviced without creating unsanitary conditions. Roomer shall mean an occupant of a rooming house who is not a member of the family of the rooming house operator of that rooming house and shall also mean an occupant of a dwelling unit who is not a member of the family occupying the dwelling unit. Rooming house shall mean any dwelling, or that part of any dwelling, containing one or more rooming units, in which space is let by the owner or operator to three (3) or more roomers. (1) Rooming house -Type I shall mean a rooming house in which space is let to more than two (2) but fewer than nine (9) roomers. (2) Rooming house -Type II shall mean a rooming house in which space is let to nine (9) or more roomers. Rooming house operator shall mean any person who rents to another or who has custody or control of a building, or part thereof, in which he resides and in which rooming units are let. Supp. No. 1 1169 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140E11ES HOUSING § 17-3 Rooming unit shall mean any room or group of rooms form- ing a single habitable unit in a rooming house used or intended to be used for living and sleeping, but not for cooking or eating of meals. Rubbish shall mean inorganic waste material consisting of combustible and/or noncombustible materials. Supplied shall mean paid for, furnished, provided by or under the control of the owner or operator. Temporary housing shall mean any tent, trailer, motor home or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utilities system on the same premises for more than thirty (30) consecutive days. Toilet shall mean a water closet, with a bowl and trap made in one piece, which is of such shape and form and which holds a sufficient quantity of water so that no fecal matter will . collect on the surface of the bowl and which is equipped with flushing rims which permit the bowl to be properly flushed and scoured when water is discharged through the flushing rim. Meaning of certain words, Whenever the words "dwelling," "dwelling unit," "rooming house," "rooming unit," or "prem- ises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof." (Ord. No. 78-2891, § II, 5-9-78) Sec. 17.3. Inspection and enforcement. (a) Authority. The housing inspector is hereby authorized to administer and enforce the provisions of the Housing Code and to make inspections to determine the condition of all dwellings, dwelling units, rooming units, structures and prem- ises located within the City of Iowa City, in order that he/she may perform his/her duty of safeguarding the safety and welfare of the occupants of dwellings and of the general public. (b) Access by owner or operator. Every occupant of a dwelling, dwelling unit or rooming unit shall give the owner or operator thereof, or his agent or employee, access to any Supp. No, 1 1166 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 14010ES § 17-3 IOWA CITY CODE 11�� part of such dwelling, dwelling unit, rooming unit or its prem- ises at all reasonable times for the purpose of effecting such maintenance, making such repairs or making such alterations as are necessary to effect compliance with the provisions of or any lawful notice or order issued pursuant to the provi- the Housing Code or with any lawful rule or regulation adopted sions of the Housing Code. (c) Right of entry. Wherever necessary to make an inspec- tion to enforce any of the provisions of the Housing Code or whenever the housing inspector or his/her authorized repre- sentative has reasonable cause to believe that there exists in any dwelling, dwelling units, rooming units, structures or premises any condition which makes such unit or premises in violation of any provision of the Housing Code or in re- sponse to a complaint that an alleged violation of the pro- vision of the Housing Code or of applicable rules or regula- tions pursuant thereto may exist, the housing inspector or his/her authorized representative may enter such unit or premises at all reasonable times to inspect the same or to , perform any duty imposed upon the housing inspector by the Housing Code; provided that if such unit or premises be occupied, he/she shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. The housing in- spector or authorized representative shall at such time: (1) Identify himself/herself and his/her position. (2) Explain why entry is sought. (3) Explain that the owner or other person having charge or control of the premises may refuse, without penalty, entry without a search warrant. (4) Explain that if entry is refused, the housing inspector may apply to a magistrate for a search warrant. (d) Search warrant. The housing inspector is hereby authorized to conduct consensual inspections of any dwelling within Iowa City, Iowa, on a reasonable and regular inspec. tional basis or upon request or complaint, in order to perform Supp. No. 1 1166 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 610IMfs HOUSING § 17.3 the duty of safeguarding the health and safety of the occu- pants or the public. If consent to inspect the building is with- held by any person or persons having the lawful right to exclude, the housing inspector shall apply to a magistrate of the Iowa district court in and for Johnson County for a search warrant of the building. (e) Penalty. No owner or occupant or any other person having charge, care or control of any dwelling, dwelling unit, rooming unit, structure or premises shall fail or neglect, after presentation of a search warrant, to properly permit entry therein by the housing inspector or his/her authorized representative for the purpose of inspection and examination pursuant to the Housing Code. Any person violating this sub- division shall be fined not more than one hundred dollars ($100.00) or imprisoned in county jail for not more than thirty (30) days. (f) Evidence. Evidence obtained by use of a search warrant may be used to effectuate the purposes and provisions of the Housing Code in any ensuing action brought by the city for a violation of the Housing Code. (g) Service o/ notice. Whenever the housing inspector deter- mines that there has been a violation or that there are reason- able grounds to believe that there has been a violation of any provision of the Housing Code or of any rule or regulation adopted pursuant thereto, he shall give notice of such violation or alleged violation to the person or persons responsible there- for. Such notice shall: (1) Be put in writing; (2) Include a description of the real estate sufficient for identification; (3) Include a statement of the reason or reasons why it is being issued; (4) Allow a reasonable time for the performance of any act it requires; (6) Be served upon the owner or the operator or the oc- cupant, as the case may require, provided that such Supp. No. 1 1167 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MDINES 6 17.3 IOWA CITY CODE notice shall be deemed to be properly served upon such owner or upon such operator or upon such occupant if a copy thereof is delivered to him personally or, if not found, by leaving a copy thereof at his usual place of abode, in the presence of someone of the family of suitable age and discretion who shall be informed of the contents thereof, by registered mail or by certified mail, with return receipt requested, to his last known address or if the registered or certified letter with the copy is returned with a receipt showing it has not been delivered to him, by posting a copy thereof in a con- spicuous place in or about the dwelling affected by the notice. Stich notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of the Housing Code and with rules and regulations adopted pursuant thereto. (6) Be effective notice to anyone having interest in the property whether recorded or not at the time of giving such notice and shall be effective against any subse- quent owner of the premises as long as the violation exists and there remains an official copy of the notice in a public file maintained by the department of hous- ing and inspection services. (h) H0itsitt9 appeals board. In order to provide for final interpretation of the provisions of the Housing Code and to hear appeals provided for hereunder, there is hereby estab- lished a housing appeals board consisting of five (6) members and two (2) alternates who are members of the housing commission, none of whom are employees of the city. The city manager shall designate a secretary to the board. The board shall be appointed by the council and shall hold office at its pleasure. The board shall adopt reasonable rules and regula- tions for conducting its business and shall render all decisions and findings in writing to the appellant with a copy to the housing inspector. Appeals to the board shall be processed in accordance with the provisions contained in the Iowa City Administrative Procedures Ordinance. Copies of all rules and Supp. No. I 1168 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101REs HOUSING, F 17-3 regulations adopted by the board shall be delivered to the housing inspector who shall make them freely accessible to the public. (1) Appeal's. Any person affected by any written order of a Housing Code violation, order suspending a housing permit, notice of intent to placard or notice of eligibility for a rent escrow program may appeal to the housing appeals board in accordance with the procedures of the Iowa City Admini- strative Procedures Ordinance. If the board sustains or modi- fies such notice, it shall be deemed to be an order and the owner, operator or occupant, as the case may require, shall comply with all provisions of such order within a reasonable Period of time. (J ) Other remedies. No provision or section of this chapter shall in any way limit any other remedies available under the provisions of the Housing Occupancy and Maintenance Code j or any other applicable law. (k) Emergency henever the housing inspector, in the enforcement of the HousHousing Code, finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requir- ing that such action be taken as he deeems necessary to meet such emergency. If necessary, the housing inspector may order that the premises be vacated forthwith and that they shall not be reoccupied until the order to make repairs has been com- Plied with. Notwithstanding other provisions of the Housing Code, such order shall be effective immediately, or in the i time and manner prescribed by the order itself. (1) Hearing• Any person to whom such order is directed shall comply therewith, but upon petition to the board shall be afforded a hearing as prescribed in the Housing Code. After such hearing, depending upon the findings of the board as to whether the provisions of the Hous. ing Code and the rules and regulations adopted pur- suant thereto have been complied with, such board shall continue such order or modify it or revoke it. Not. Supp. No. I 1159 MICROFILMED BY JORM MICROLAB CFDAP. RAPIDS -DES MONIES § 17-3 IOWA CITY CODE withstanding other provisions of the Housing Code, every notice served by the housing inspector shall be regarded as an order. (Ord. No. 78-2891, § II, 5-9-78: Ord. No. 78-2909, § II, 7-11-78) Sec. 17.4. Minimum standard for basic equipment and facili- ties. No person shall occupy or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating therein which does not comply with the following requirements: (a) Supplied facility. Every supplied facility, piece of equip- ment or utility required shall be constructed or installed so that it will function safely and shall be maintained in satisfactory working condition. (b) Kitchens. Every dwelling unit shall have a kitchen room or kitchenette equipped with the following: (1) It shall include an approved kitchen sink. (2) It shall contain a refrigerator (in proper working order) with an adequate food storage capacity. (3) It shall contain a stove or range in proper working order. (c) Toilet required. Every dwelling unit shall contain a toilet. (d) Bath required. Every dwelling unit shall contain a bath. (e) Lavatory basin required. Every dwelling unit shall con- tain a lavatory basin within the room containing the toilet. (f) Privacy in a room containing toilet and bath. Every toilet and every bath shall be contained within a room or within separate rooms which afford privacy for a person within said rooms. (g) Water heating facilities required. Every kitchen sink, bath and lavatory basin required in accordance with the Supp. No. 1 1160 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES HOUSING ¢ 17-4 provisions of the Housing Code shall be properly con- nected with supplied water heating facilities. Every supplied water heating facility shall be properly con- nected and shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every kitchen sink and lavatory basin required tinder the provisions of the Housing Code at it temperature of not less than one hundred twenty (120) degrees Fahrenheit (forty-eight (48) degrees C). Such supplied water heating facilities shall be capable of meeting the requirements of this section where the required dwelling or dwelling unit heating facilities are not in operation. (h) Connection of sanitary facilities to coater and seloer system. Every kitchen sink, toilet, lavatory basin and bath shall be in good working condition and properly connected to an approved water and sewer system. (i) Exits. (1) Two (2) means of egress required: a. Every dwelling unit and rooming unit shall access to two (2) independent, unobstructed of egress remote from each other. At least one shall be a doorway which discharges di- rectly or via corridors or stairways or both to the exterior of the building at ground level. (2) Every exit from every dwelling shall comply with the following requirements: a. It shall be kept in a reasonably good state of repair. b. All existing stairways of four (4) or more risers shall have at least one handrail and those stairways which are five (5) feet or more in width or which are open on both sides shall have a handrnil on each side. Stnirwnys which are less than five (5) feet in width shall Supp. No. 1 1161 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES § 17.4 IOWA CITY CODE have a handrail on the left hand side as one mounts the stairs and on the open side, if any. c. All handrails shall be substantial and shall be located between thirty (39) and thirty-four (34) inches above the nose of the stair treads. d. All platforms accessible to occupants and situ- ated more than two (2) feet above adjacent areas shall be protected by substantial guard- rails at least thirty-six (36) inches high. e. All stairs and steps shall have a riser height of not more than eight (8) inches and a tread width of not less than nine (9) inches. f. All exterior doors and windows below the second floor of a dwelling shall be equipped with a safe -functioning locking device. g. During the portion of each year when the housing inspector deems it necessary for pro- tection against the elements and cold, every door, opening directly from a dwelling unit or rooming unit to outdoor space, shall have supplied storm doors with a self-closing de- vice; and every window or other device with openings to the outdoor space shall likewise be supplied with storm windows, except where such other device for protection against the elements and cold is provided such as insulat- ing glass and insulated metal exterior doors. h. No existing fire escape shall be deemed a suf- ficient means of egress unles it is in com- pliance with the Building and Fire Codes of Iowa City. (3) In basement units where one means of egress is a window, such window shall open directly to the street or yard, shall be at least twelve (12) square feet in area clear of sash frame and shall open readily. (j) Basement or cellar under entrance floor. Every dwelling shall have a basement, cellar or excavated floor space Supp. No.1 1162 r MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DF.S 1101RES HOUSING § 17.6 under the entire entrance floor at least three (3) feet in depth or shall be elevated above the ground so that there will be a clear air space of at least eighteen (18) inches between the top of the ground and the floor joist so as to ensure ventilation and protection from dampness, provided, however, that cement floor may be laid on the ground level if desired. (Ord. No. 78-2891, § II, 5-9-78) Sec. 17-5. Minimum standards for lighting, ventilation, and heating. i No person shall occupy as owner -occupant, or let to an- other for occupancy, any dwelling unit, or portion thereof, for the purpose of living therein, which does not comply with the following requirements: (a) Minimum rear yard requirements. Every single- and two-family dwelling shall have a rear yard which is a ( i minimum of ten (10) feet deep for structures one story in height, plus two (2) feet for each additional story. An irregularly shaped lot may be occupied by a dwell- ing without complying with the provisions of this see - tion if the total yard space equals that required by this I section. (b) Minimum side yard requirements. If a dwelling is erected up to the side lot line, light and ventilation as required by the Housing Code shall be provided by means other than windows opening to the side yard. In case of all dwellings having side yards, the width shall not be less than four (d) feet for the first story plus one foot for each additional story. (c) Afore than one structure on a lot. Where more than one structure is erect& upon the same lot, the distance be- tween them shall not be less than eight (8) feet. This distance shall be increased two (2) feet for each addi- tional story above the second. Supp. No. I 1163 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIr+Es § 17-5 IOWA CITY CODE (d) Courts. (1) The minimum width of an outer court of a one- story dwelling shall be five (5) feet, for a two- story dwelling six (6) feet, for a three-story dwell- ing seven (7) feet, and shall increase one foot for each additional story. (2) An inner court shall be twice the minimum width required for an outer court. (3) The width of all courts adjoining the lot line shall be measured to the lot line. (4) In mixed use dwellings where there are no dwelling units on the lower story, courts may start on the top of such lower story. (5) Every inner court extending through more than one story shall be provided with a horizontal air intake at the bottom. (6) Irregularly shaped court yards must meet the mini. mum area requirements. Any structure hereafter placed on the same lot with the dwelling shall be so placed as to maintain the minimum yard re. quirements. (7) In every dwelling where there is a court or shaft of any kind, there shall be at the bottom of every such shaft and court a door giving sufficient access to such shaft or court to enable it to be properly cleaned out, provided that where there is already a window giving proper access it shall be deemed sufficient. (e) Natural Mght. Every habitable room except kitchens shall have at least one window facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be at least ten (10) per cent of the floor area of such room. Whenever the only window in a room is a skylight type window in the top of such room, the total window area Supp. No. 1 1164 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1101MEi HOUSING 4 17.5 of such skylight shall equal at least fifteen (15) per cent of the total floor area of such room. (f) Lighting of public halls, stairways, basements and cel - Lars. (1) Public passageways and stairways in buildings ac- commodating two (2) to four (4) families shall be Provided with convenient wall -mounted light switches controlling an adequate lighting system which may be turned on when needed. An emer- gency circuit is not required for this lighting. (2) Public passageways and stairways in buildings ac- comodating more than four (4) units shall be lighted at all times with an adequate artificial lighting system, except that such artificial lighting may be omitted from sunrise to sunset where an adequate natural lighting system is provided. Whenever the occupancy of the building exceeds one hundred (100) persons, the artifical lighting system as regulated herein shall be on an emer- gency circuit. (3) All basements and cellars shall be provided with an adequate lighting system which may be turned on when needed. (4) Intensity of light. An adequate lighting system, as required herein, shall mean an intensity of two (2) foot candles at a plane thirty (30) inches above the floor line. (5) The required intensity shall apply to both natural and artificial lighting. (g) Ventilation. (1) Natural ventilation. a. The total (openable window area in every habitable room shall be equal to at least forty- five (45) per cent of the minimum window area size as required above. b. During that portion of the year when the hous- Ing inspector deems It necessary for protection Supp. Na, 1 1165 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•D[s 1401REs § 17-5 IOWA CITY CODE against mosquitoes, flies and other insects, every door used for ventilation, opening di- rectly from a dwelling unit or rooming unit to outdoor space, shall have supplied screens of not less than sixteen (16) mesh per inch and a self-closing device and every window or other device with openings to the outdoor space, used for ventilation, shall likewise be supplied with such screens. c. In a bathroom or toilet room, the minimum window size shall be not less than four (4) square feet between stop beads. d. Whenever a window faces an exterior wall or structure which extends higher than the ceil- ing of the room and is located less than three (3) feet from the window, such window shall not be included as contributing to the required minimum window area for the purpose of ventilation. (2) Mechanical ventilation. �' 4 a. In lieu of openable windows, adequate venti- lation may be a system of mechanical ventila- tion which provides not less than fifteen (16) air changes per hour in all habitable rooms and/or bathrooms or toilet compart. ments. b. No mechanical exhaust system, exhausting vapors, gases or odors shall be discharged into an attic, crawl space or cellar but shall be directed to the outside air, except that this shall not prevent the mechanical exhausting of normal room air to attics when used solely for cooling purposes. (3) Basements and cellars. a. Cellars and nonhabitable areas of basements shall be provided window area of not less than one per cent of the floor area. Supp. No. 1 1166 t MICROFILMED BY JORM MICROLAB CEDAR RANDS -DES MDInES HOUSING $ 17.5 b. Every cellar window used or intended to be used for ventilation, and every other opening to a cellar or crawl space which might provide an entry for rodents shall be supplied with a heavy wire screen of not larger than one- fourth (%) inch mesh or such device as will effectively prevent their entrance. (4) Crawl spaces and attic spaces shall he provided with ventilating area not less than one three, hundredths (1/300) of the floor area. (h) Heating. (1) Every dwelling shall have heating facilities which are properly installed, are maintained in safe and good working condition and are capable of safely and adequately heating all habitable rooms, bath- rooms and toilet rooms located therein to a temper - stare of at least sixty-eight (68) degrees Fahren- halt (twenty (20) degrees C) and shall maintain in all said locations a minimum temperature of - sixty-five (65) degrees Fahrenheit, (eighteen (18) degrees C) at a distance of three (3) feet above the floor level at all times. Such heating facilities shall be so operated and equipped that heat as herein specified is available to all dwelling units and rooming units. (2) Every central heating unit, space heater, water heater and cooking appliance shall be located and installed in such a manner, so as to afford reason- able protection against involvement of egress facili- ties or egress routes in the event of uncontrolled fire in the structure. (3) Every fuel -burning heating unit or water heater shall be effectively vented in a safe manner to a chimney or duct leading to the exterior of the building. The chimney, duct and vents shall be of such design as to assure proper draft, shall be ads - Supp. No. 1 1167 MICROFILMED BY JORM MICROLAB CEDAR RARIDs•DFs 1101r1ES 4 14,5 IOWA CITY CODE `1 quately supported and shall be kept reasonably clean and in good condition. (4) No fuel -burning furnace shall be located within any sleeping room or bathroom unless provided with adequate ducting for air supply from the ex- terior, and the combustion chamber for such heat- ing unit shall be sealed from the room in an airtight manner. Water heaters are prohibited in bathrooms or sleeping rooms. (5) Every steam or hot water boiler and every water heater shall be protected against overheating by appropriate temperature and pressure limit con- trols. k (6) Every gaseous or liquid fuel burning heating unit and water heater shall be equipped with electronic ignition or with a pilot light and an automatic control to interrupt the flow of fuel to the unit in j the event of failure of the ignition device. All such 1 heating units with plenum shall have a limit con- trol to prevent overheating. (Ord. No. 78-2891, S II, 6-9-78) Sec. 17.6. Minimum space, use and location requirements. No person shall ocupy as owner -occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking or eating therein, which does not comply with the following requirements: (a) Habitable room size. All habitable rooms used for living, sleeping and eating shall contain at least eighty (80) square feet of floor area and no such room shall be less than seven (7) feet wide. The minimum size for habit- able rooms used for food preparation shall be forty (40) square feet in area and a kitchenette may be less than seven (7) feet wide. In all dwellings and in each apartment or group or suite of rooms, there shall be at least one room containing not less than one hundred twenty (120) square feet off loor area. Supp. No. 1 1168 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MolaEs 11 HOUSING § 17-6 (b) Floor area per occupant. Every dwelling unit shall contain at least one hundred fifty (150) square feet of floor space for the first occupant thereof and at least one hundred (100) additional square feet of floor space for every additional occupant thereof. (c) Air space in steeping rowns. In every dwelling unit of two (2) or more rooms, every room occupied for sleep- ing purposes shall contain at least four hundred (400) cubic feet of air space for each occupant twelve (12) years of age or older and at least two hundred (200) cubic feet of air space for each occupant under twelve (12) years of age. (d) Ceiling height. No habitable room in any dwelling shall be in any part less than seven (7) feet high from finished floor to finished ceiling; the average height of any such r000m shall not be less than seven (7) feet, six (6) inches. Any habitable room located directly below a roof in a private or a two-family dwelling re- quires a seven -foot ceiling height in one-half (1/.,) its area, and areas of less than five (5) feet ceiling height shall not be considered as a part of the required room area. (e) Direct access. Access to each dwelling unit or rooming unit shall not require first entering any other dwelling unit or rooming unit (except that access to rooming units may be through a living room of a unit occupied by the owner -operator of the structure). (f) Basement space may be habitable. No basement space shall be used as a habitable area unless: (1) The floor and walls are of waterproof and damp- proof construction. (2) The total window area in each room is equal to at least the minimum window area sizes as required in subsections 17-5(e) and (9)(1)a. (3) Said rooms shall have a minimum ceiling height of seven (7) feet in all parts from finished floor to finished ceiling. Supp. No. 1 1166 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES § 17.6 IOWA CITY CODE''i (4) These shall be appurtenant to such room the use of a toilet room. (Ord. No. 78-2891, a 11, 5-9-78) Sec. 17.7. Responsibilities of owners relating to the mainte- nance of dwellings and dwelling units. No person shall occupy as owner -occupant or let to another for occupancy any dwelling unit, or portion thereof, for the purpose of living therein, which does not comply with the fol- lowing requirements: (a) Maintenance of structure. Every foundation, roof, floor, wall, ceiling, stair, step, sidewalk and every window, door and other aperture covering shall be maintained in good condition. (1) Every door, door hinge, door latch and door lock shall be in good condition and every door, when closed, shall fit reasonably well within its frame. There shall be no exposed cracks or openings in or around door frame. All windows and exterior doors, and their frames, shall be constructed and maintained in weatherproof condition. (2) Every doorway providing ingress or egress from any dwelling unit, rooming unit or habitable room shall be at least six (6) feet, four (4) inches high and twenty-four (24) inches wide. All entrance doorways to dwelling units and rooming units shall be equipped with doors which effectively close the doorway. (3) Every interior partition, wall, floor and ceiling shall be capable of affording privacy and main- tained so as to permit them to be kept in a clean and sanitary condition. (4) Every foundation, exterior wall, exterior door and roof shall be reasonably weathertight, watertight, rodentproof and inseetproof. (b) Rainwater drainage, All eaves, troughs, downspouts and other roof drainage equipment of the dwelling and Supp. No. 1 1170 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONEs HOUSING § 17.7 its accessory structures shall be maintained in a good state of repair and so installed as to direct rainwater away from the structure. (c) Chimneys and smokepipes. Every chimney and every supplied smokepipe shall be adequately supported, rea- sonably clean and maintained in a reasonably good state of repair. (d) Grading, drainage and landscaping of premises: Every premises shall be graded and drained so no stagnant water will accumulate or stand on the premises, and every premises shall be continuously maintained in a sanitary, erosion -free, and dust -free condition by suit- able landscaping with grass, trees, shrubs or other planted ground cover or by paving with asphalt, con- crete, or by such other suitable means as shall be ap- proved by the housing inspector. Where a premises is is occupied or shared by less than three (3) dwelling units, the continued maintenance of the premises in the !� above condition shall also be the responsibility of the occupants. (e) Protection of exterior wood surface. All exterior wood surfaces of the dwelling and its accessory structures, fences, porches and similar appurtenances shall be reasonably protected from the elements and against decay by paint or other approved protective coating applied in a workmanlike fashion. (f) Electrical system. The electrical system of every dwell- ing shall not by reason of overloading, dilapidation, lack of insulation or improper fusing or for any other cause expose the occupants to hazards of electrical shock or to the hazards of fire. (1) Every habitable room shall be equipped with a safe electrical switch located near and convenient to the room entrance which activates an illuminary within the room. (2) Every habitable room shall contain at least two (2) separate floor or wall -type electric double con - Supp. No. 1 1171 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES t10I11E5 § 17.7 IOWA CITY CODE - venience outlets which shall be situated a distance apart equivalent to at least twenty-five (25) per cent of the perimeter of the room; and every toilet room, bathroom, laundry room, furnace room and public hall shall contain at least one supplied ceiling or wall type electric light fixture. Every such out- let and fixture shall be properly installed and shall be maintained in good and safe working condition. (g) Maintenance of gas appliances and facilities. (1) Every gas appliance shall be connected to a gas line with solid metal piping except that listed metal appliance connectors or semi-rigid tubing may be used if approved by the housing inspector. (2) Every gas pipe shall be sound and tightly put to- gether and shall be free of leaks, corrosion or ob- struction so as to reduce gas pressure or volume. (3) Gas pressure shall be adequate to permit a proper flow of gas from all open gas valves at all times. A (h) Maintenance of supplied phonbing fixtures. Every sup- plied plumbing fixture and water and waste pipe shall be properly installed and maintained in good, sanitary working condition. (1) All plumbing shall be so designed and installed as to prevent contamination of the water supply through back flow, back siphonage, cross con- nection and any other method of contamination. (2) Water pressure shall be adequate to permit a proper flow of water from all open outlets at all times. (f) Surfaces impervious to water. Every toilet room floor surface, bathroom floor surface and kitchen floor sur- face shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. Supp. No.1 1172 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101REs HOUSING 4 17.7 (j) Supplied facilities. No owner or operator shall cause any surface, facility, equipment or utility which is required to be supplied under the provisions of the housing code to be removed from or shut off from or discontinued for any occupied dwelling or dwelling unit let or occu- pied by him, except for such temporary interruption as may be necessary while actual repairs, replacements or alterations are being made. (k) Covered cisterns. All cisterns or similar water storage facilities shall be fenced, safely covered or filled in such a way as not to create a hazard to life or limb. (1) Sealed passages. All pipe passages, chutes and similar openings through walls or floors shall be adequately enclosed or sealed to prevent the spread of fire or pas- sage of vermin. (m) Pest extermination. Every owner of a dwelling con- taining two (2) or more dwelling units shall be respon- sible for the extermination of insects, rodents or other pests on the premises. Whenever infestation exists in two (2) or more of the dwelling units of any dwelling, or in the shared or public parts of any dwelling con- taining two (2) or more dwelling units, extermination thereof shall be the responsibility of the owner. (n) Prohibited animals. No horse, cow, calf, swine, sheep, goat, chickens, geese or ducks shall be kept in any dwelling or part thereof. Nor shall any such animal be kept on the same lot or premises with a dwelling except under such conditions as may be prescribed by the housing inspector. (o) Owner to let clean units. No owner shall permit occu- pancy of any vacant dwelling unit or rooming unit unless it is clean, sanitary and fit for human occupancy. (p) Maintains public areas. Every owner of a dwelling con- taining two (2) or more dwelling units shall be respon- sible for maintaining in a safe and sanitary condition the shared or public areas of the dwelling and premises thereof. Supp. No. 1 1175 i MICROFILMED BY JORM MICROLAB CEDAR RAMS -DES MO1nE5 § 17.7 IOWA CITY CODE (q) Maintenance of fences. Every fence shall be kept in a reasonably good state of maintenance and repair or shall be removed. (r) Maintenance of accessory structures. Every foundation, exterior wall, roof, window, exterior door, basement hatchway and every other entranceway of every ac- cessory structure shall be so maintained as to prevent the structure from becoming a harborage of rats and shall be kept in a reasonably good state of repair. (s) Alterations. All structural alterations of dwellings and accessory structures shall be done in accordance with all applicable ordinances of the City of Iowa City and with all rules and regulations adopted pursuant thereto. (Ord. No. 78-2891, § II, 5-9-78) Sec. 17-8. Responsibility of occupants relating to the mainte- nance of dwellings and rooming units. (a) Occupant responsible for controlled area. Every occu- pant of a dwelling or dwelling unit shall keep in a clean, safe and sanitary condition that part of the dwelling, dwelling unit and premises thereof he/she occupies and controls. (1) The floor and floor covering shall be kept reasonably clean and sanitary. (2) Every wall and ceiling shall be reasonably clean and free of dirt or greasy film. (3) No dwelling or the premises thereof shall be used for the storage or handling of refuse. (b) Plumbing fixtures. The occupants of a dwelling unit shall keep all supplied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the use and operation thereof. (c) Extermination of pests. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling contain - Supp. No. I 1179 i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES FIOIIIES HOUSING § 17-8 ing more than one dwelling unit shall be responsible for such extermination within the unit occupied by him/her whenever said dwelling unit is the only one infested. Notwithstanding, the foregoing provisions of this subsection, whenever infesta- tion is caused by failure of the owner to maintain a dwelling in a reasonably rodentproof or reasonably inseetproof con- dition, extermination shall be the responsibility of the owner. (d) Storage and disposal of garbage. Storage and disposal of garbage and rubbish shall comply with the requirements of the ordinances of the Code of Iowa City concerning same and the housing inspector shall enforce the requirements con- tained therein. (1) Every occupant of a dwelling containing one or two (2) dwelling units shall dispose of rubbish, garbage and any other organic waste in a clean and sanitary manner, by placing it in approved disposal facilities or storage containers required by the ordinances of Iowa City. (2) In dwellings containing one or two (2) dwelling units it shall be the responsibility of the occupant to furnish adequate garbage and rubbish disposal facilities or storage containers of approved type and location. (e) Use and operation of supplied heating facilities. Every occupant of a dwelling unit shall be responsible for the exer- cise of reasonable care, proper use, and proper operation of supplied heating facilities. (f) Electrical wiring. No temporary wiring or extension cords shall be used except extension cords which run directly from portable electric fixtures to convenience outlets and which do not lie beneath floor coverings or extend through doorways, transoms or similar apertures in structural elements or attached thereto. (g) Installation of screens, storm doors and storm windows. Every occupant of a dwelling or dwelling unit shall be re- sponsible for hanging all screens and double or storm doors and windows whenever the same are required under the pro - Supp. No. 1 1175 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 110I11Es § 17-8 IOWA CITY CODE visions of the housing code, except where the owner has agreed to perform the service. (Ord. No. 78-2891, § II, 6.9-78) Sec. 17.9. Rooming houses. No person shall operate a rooming house or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the following requirements: (a) Permit required. No person shall operate a rooming house unless he or she is an occupant of said rooming house and holds a valid rooming house permit issued by the department of housing and inspection services in the name of the rooming house operator and for the specific dwelling or dwelling unit within which the rooming house is contained. (b) Application for permit. The rooming house operator shall file, in duplicate, an application for a rooming house permit with the department of housing and in- spection services on application forms provided by the housing inspector. The operator shall file with the permit application an occupancy permit, issued by the inspector of buildings, for the operation of a rooming house in the dwelling or dwelling unit designated in the rooming house permit application. (c) Issuance of permit and occupancy record card, fees. When all applicable provisions of the housing code and of any rules and regulations adopted pursuant thereto, and other applicable codes of the City of Iowa City have been complied with by the rooming house operator, the department of housing and inspection services shall issue a rooming house permit and an occupancy record card upon the payment of a fee, the amount of which shall be set by resolution of the city council of Iowa City, Iowa. The permit shall state the maximum num- ber of persons that may reside in the total of all room- ing units or portions thereof for which the rooming house permit is issued. Supp. No. I 1176 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS.DCS 1401t1ES �1 1 HOUSING § 17.9 (d) Occupancy record card. Every occupancy record shall list the maximum number of persons that may reside in the total of all rooming units located in the dwelling or portions thereof for which the rooming house permit is issued. The occupancy record cards shall also list the maximum number of persons which may occupy each individual rooming unit located in the dwelling or portions thereof for which the rooming house permit is issued. All of the rooming units listed on the occu- pancy record card shall be located in such portions of the dwelling as are permitted to be occupied under the provisions of the occupancy permit filed in accordance with the provisions of subsections 17-9(b) and (e) of the Housing Code. Every rooming house permit issued by the department of housing and inspection services shall be conspicu- ously posted by the rooming house operator in a public j corridor or hallway or other public portion of the rooming house for which it is issued and shall remain so posted at all times. Every occupancy record card shall be posted in the rooming house by the rooming house operator in a place where such cards are readily accessible for examination by the housing inspector. (e) Operator to control occupancy. No rooming house opera- tor shall at any time allow a greater number of persons to occupy the total of all rooming units located within a rooming house than the maximum number of per- sons listed on the rooming house permit and the occu- pancy record cards. No rooming house operator shall at any time allow a greater number of persons to occupy any individual rooming unit than the maximum number of persons listed on the occupancy record cards for each such unit. (f) Nontransferability of permit. No rooming house permit issued under the provisions of the Housing Code shall be transferable and every rooming house operator shall notify the department of housing and inspection Supp. No. 1 1177 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101NES § 17-9 IOWA CITY CODE services in writing within twenty-four (24) hours after having relinquished proprietorship or having sold, transferred, given away or otherwise disposed of such interest or control of any rooming house and shall file in writing with the department of housing and inspec- tion services the name and address of the operator to whom proprietorship has been relinquished by sale, gift or other method of transferal or disposition. (g) Relationship of permit to Building Code. The issuance of a rooming house permit to any rooming house shall not in any way signify or imply that the rooming house conforms with the Fire Code or the Building and Zon- ing Code of the City of Iowa City, Iowa. The issuance of a rooming house permit shall not relieve the owner or rooming house operator of the responsibility for com- pliance with said Fire, Building and Zoning Codes. (h) Applicability of other sections of the Housing Code. No person shall operate a rooming house unless all of the requirements perviously set forth in the Housing Code Y W are complied with. Every dwelling unit located within a rooming house shall comply with all of the require- ments for dwelling units as established in accordance with the provisions of the Housing Code. (i) Hearing when rooming house permit is denied. Any per- son whose application for a permit to operate a rooming house has been denied may request and shall be granted a hearing on the matter before the housing appeals board under the procedure provided by the administra- tive procedures ordinance of Iowa City. (j) Suspension of permit. Whenever upon inspection of any rooming house the housing inspector finds that condi- tions or practices exist which are in violation of any provision of the Housing Code or of any rule or regu- lation adopted pursuant thereto, the housing inspector shall give notice in writing to the rooming house opera- tor of such rooming house that unless such conditions or practices are corrected within a reasonable period, Supp. No. 1 1178 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101REs HOUSING § 17-9 to be determined by the housing inspector, the rooming house operator's rooming house permit will be sus- pended. At the end of such period the housing inspector shall re -inspect such rooming house, and if he finds that such conditions or practices have not been cor- rected, he shall suspend the permit and give notice in writing to the operator that the permit has been suspended. (k) Hearing when rooming hoarse permit is suspended; re- vocation of permit. Any person whose permit to operate a rooming house has been suspended or who has re- ceived notice from the housing inspector that his permit is to be suspended unless existing conditions or prac- tices at his rooming house are corrected may request and shall be granted a hearing on the matter before the housing appeals board under the procedure provided by the Iowa City administrative procedures ordinance, provided that if no petition for such hearing is filed within ten (10) days following the day on which such permit was suspended, such permit shall be deemed to have been automatically revoked. Upon receipt of notice of permit revocation, the rooming house operator shall cease operation of such rooming house, and after the elapse of a reasonable period of time, to be de- termined by the housing inspector, no person shall occupy for sleeping or living purposes any dwelling unit or rooming unit therein. (1) Toilets and lavatory basins. At least one toilet, and one lavatory basin in good working condition shall be sup- plied for each eight (S) persons or fraction thereof residing within a rooming house, including members of the rooming house operator's family wherever they share the said facilities, provided that in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than one-half (1/2) of the required number of toilets. (m) Baths. At least one bath, in good working condition, shall be supplied for each eight (6) persons or fraction Supp. No. 1 1179 FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES Mo1RIs § I7-9 IOWA CITY CODE �«n, thereof residing within a rooming house, including members of the rooming house operator's family when- ever they share the use of said facilities. (n) Location of sanitary facilities. Every toilet, lavatory basin and bath shall be located within a room or rooms which afford privacy to a person within said room or rooms. All such facilities shall be so located within the rooming house as to be accessible to the occupants of each rooming unit sharing such facilities without going outside of the dwelling and without going through a dwelling unit or through a rooming unit of another occupant. (o) Minimum floor area for sleeping purposes, Every room occupied for sleeping purposes by one person shall con- tain at least eighty (80) square feet of floor space, and every room occupied for sleeping purposes by more than one person shall contain at least fifty (50) square feet of floor space for each occupant thereof. Every rooming unit shall contain at least four hundred (400) cubic feet of air space for each occupant thereof. (p) Preparation or eating of meals in rooming units pro- hibited, No occupant of a rooming house shall prepare or eat meals or store cooking utensils in a rooming house unless such meals are prepared or eaten in a dwelling unit contained therein, except that occupants may prepare and eat meals and store cooking utensils in a communal kitchen and may eat meals in a com- munal dining room in accordance with the provisions of subsections 17-0(q) and (r). (q) Communal kitchens. A communal kitchen shall comply with the following requirements: (1) The minimum floor area of a communal kitchen shall be sixty (60) square feet; (2) The minimum floor area of a communal kitchen in which roomers are permitted to prepare and eat meals shall be one hundred (100) square feet; Supp. No. 1 1180 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOVIES HOUSING § 17 .9 (3) It shall contain at least one supplied kitchen sink of an approved type; (4) It shall contain at least one supplied kitchen gas or electric range. Every supplied range shall have at least two (2) top burners and an oven; (6) It shall contain one supplied refrigerator. (6) It shall contain at least one supplied table or other facility having a total surface area for food prep- aration of not less than six (6) square feet. The surface of such table or other facility shall be suitable for the preparation of food, smooth, free of cracks and easily cleanable; (7) It shall contain at least one suitable supplied cabi- net of adequate size and suitable storage of food and eating and cooking utensils; (8) Every communal kitchen shall be located within a room accessible to the occupant of each rooming unit sharing the use of such kitchen, without going outside of the dwelling and without going through a dwelling unit or rooming unit of another occu- pant. (r) Communal dining rooms. Every rooming house, within which the occupant of any rooming unit is permitted to prepare meals or cook within a communal kitchen containing less than one hundred (100) square feet of floor area, as provided in subsection (q), shall contain a communal dining room which complies with all of the following requirements: (1) Every communal dining room shall be located on the same floor of the rooming house as the com- munal kitchen and such dining room shall be as nearly adjacent to the communal kitchen as is prac- ticable. (2) Every communal dining room shall be located with- in a room accessible to the occupant of each room - Supp. No. 1 1181 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 14011ICS IOWA CITY CODE ing unit sharing such dining room, without going outside of the dwelling and without going through a dwelling unit or rooming unit of another occu- pant. (3) Every communal dining room shall contain not less than eighty (80) square feet of floor area. (4) The surface of each dining table shall be smooth, free of cracks and easily cleanable. (s) No cooking in rooming omits. The operator shall pro- hibit the cooking and preparation of food in every rooming unit. (t) Shades, drapes, etc. Every window of every room used for sleeping shall be supplied with shades, draw drapes, or other devices of materials which, when properly used, will afford privacy to the occupant of the room. (u) Sanitary maintenance. The rooming house operator of every rooming house shall be responsible for the sani- tary maintenance of all walls, floors and ceilings and for maintenance of a sanitary condition in every other ` part of the rooming house; and he shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building within which the rooming house is contained, is leased or occu- pied by the owner. The occupant of every rooming unit shall keep his personal belongings contained within the unit in a clean, neat and orderly condition so as to facilitate the ability of the operator to discharge his responsibilities for sanitary maintenance within every rooming unit as set forth in this subsection. (v) Garbage disposal or storage. Adequate garbage and rubbish disposal facilities or storage containers whose type and location are approved shall be supplied by the rooming house operator. The rooming house operator shall be responsible for the disposal of all garbage in a clean and sanitary manner through the use of ap- proved mechanical equipment or by placing it in the required containers. Supp. No. 1 1182 MICROFILM -ED BY JORM MICROLAB CEDAR RAPIDS•DF.S 110 RIES HOUSING § 17-9 (w) Hanging screens, storm doors, storm windows. The owner of a rooming house shall be responsible for providing and hanging all screens and storm doors and windows whenever the same are required under the provisions of the Housing Code. Screens shall be pro- vided not later than the first day of June each year. (x) Infestation. The owner of a rooming house shall be re- sponsible for the extermination of any insects, rodents, or pests therein. (y) Fire extinguishers. Fire extinguishers suitable for the occupancy and which are approved by the housing in- spector shall be provided in every rooming house. Ex- tinguishers shall be properly hung and shall be maintained in operable condition at all times. (z) Heating unit fire protected. In every rooming house in which space is let to more than four (9) persons and served by a common central heating system or water heating system, the heating unit or units shall be suit- ably enclosed with one-hour fire -resistive construction including all walls, ceilings and doors, or such heating units shall be enclosed in a room provided with a sprinkler system approved by the fire marshal. (aa) Early/ warning fire detection system. Every dwelling and rooming unit in rooming houses shall be provided with a smoke detector as approved by the fire marshal. The detector shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be lo- cated within twelve (12) inches of the ceiling. Care shall be exercised to insure that the installation will not interfere with the operating characteristics of the detector. When actuated, the detector shall provide an alarm in the dwelling unit or rooming unit. Supp. No. 1 1183 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DCS 1101RES § 17.9 IOWA CITY CODE / •l (bb) Safe storage required. Rooming houses shall provide for every rooming unit a facility for the safe storage of drugs and household poisons. (cc) Hazardous storage. There shall be no transom, window or door opening into a public hall from any part of a rooming house where paint, oil, gasoline or drugs are stored or kept for the purpose of sale or otherwise. (dd) Nays of egress. Every rooming house shall have at least two (2) independent ways of egress from each floor level as approved by the fire marshal. (1) No existing fire escape shall be deemed a sufficient means of egress unless it is in compliance with Building and Fire Codes of Iowa City. (2) All means of egress shall be maintained in a good state of repair and shall be free of obstruction at all times. (3) Whenever fire escapes on a rooming house are rusty, the owner shall have them properly painted. (Ord. No. 78-2891, § II, 5-9-78) Sec. 17.10. Multiple dwellings. No person shall operate a multiple dwelling or shall occupy or let to another for occupancy any dwelling unit in any ! multiple dwelling except in compliance with the following requirements: (a) Permit required. No person shall operate a multiple dwelling unless he holds a valid rental permit issued by the department of housing and inspection services in the name of the operator and for the specific dwell- ing or dwelling units. i ! The operator shall apply for such permit by submitting an application and paying a fee, the amount of which shall be set by resolution of the city council of the City of Iowa City, Iowa. Upon determination that all ap- plicable provisions of the Housing Code and of any Supp. No. 1 1184 MICROFILMED BY JORM MICROLAB CIDAR RAPIUS•DIs M0114es HOUSING 17-10 rules and regulations adopted pursuant thereto, and other applicable codes of the City of Iowa City, Iowa have been complied with by the operator, the depart- ment of housing and inspection services shall issue a rental permit for said specific dwelling or dwelling unit. s (b) Relationship of permit to Building Code. The issuance of a rental permit to any multiple dwelling shall not in any way signify 01• imply that the multiple dwelling conforms with the Fire Code or the Building and Zoning Codes of the City of Iowa City, Iowa. The issuance of a rental permit shall not relieve the owner or operator of the responsibility for compliance with said Fire, Building, and Zoning Codes. k (c) Applicability of other sections of the Housing Code. No person shall operate a multiple dwelling unless all of I% the requirements for dwelling units as previously set forth in the Housing Code are complied with. ^., ' (d) Hearing vhen rental permit is denied. Any person i whose application for a permit to operate a multiple dwelling has been denied may request and shall be granted a hearing on the matter before the housing appeals board under the procedure provided by the ad- ministrative procedures ordinance of Iowa City. (e) Suspension of permit. Whenever upon inspection of any multiple dwelling the housing inspector finds that con- ditions or practices exist which are in violation of any provision of the Housing Code or of any rule or regu- lation adopted pursuant thereto, the housing inspector shall give notice in writing to the owner of such multiple dwelling that unless such conditions, or prac- tices are corrected within a reasonable period, to be determined by the housing inspector, the rental permit will be suspended. At the end of such period, the housing inspector shall re -inspect such multiple dwell- ing and, if he finds that such conditions or practices have not been corrected, he shall suspend the permit Supp. No. 1 1185 1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIMES § 17.10 (f) I IOWA CITY CODE and give notice in writing to the operator that the latter's permit has been suspended• er neit is suspended; Hearing when multiple dmellwhose permit to revocation of permit. Any person operate a multiple dwelling has been suspended inspector or hat has received notice from the housing his permit is to be suspended unless existing sting cotedltmaY or practices at his multiple dwelling on the matter request and shall be gr fl�gebaardhearing under the procedure before the housing aPP Provided by the adminisif no p trative procedurespetiton°rdinance for such of Iowa City, provided that , ng the day hearing is filed within ten (10) days folio on which such permit was suspended, such permit shall he deemed to be automatically revoked. Upon receipt of notice of permit revocation, the operator shall cease operation of such multiple dwelling, and after the elapse of a reasonable periold °pers n shall occupy eterml for ra by the housing inspector, sleeping or living Purposes any dwelling unit or room- ing unit therein.for the (g) Fire extinwrishers. Fire exting- h are approvedsbYltheehousing occupancy and Whrrovided n every multiple dwelling. inspector shall be P Extinguishers shall be properly hung and shall be maintained in operable condition at all times. In multiple dwelng (h) Heating "Vi centralheati s systemorwat r served by common the heating unit or uni heating syste-is shall be m, suitably enclosed with one-hour fire resistivo such struction including all walls, ceilings and pclosed in a room rovided with heating units shall be enroved by the fire marshal. a sprinkler system app revnisea. The operator (i) operator to maintain orderly p of every multiple dwelling shall at all times maintain thhichemi ham rdousto life, health erly manner aorpproperty. free of aterials Supp. No. 1 1186 b�,.•- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES HOUSING § 17.10 (j) Hazardous storage. There shall be no transom, window or door opening into a public hall from any part of a multiple dwelling where paint, oil, gasoline or drugs are stored or kept for the purpose of sale or otherwise. (k) Closets. In multiple dwellings no closet of any kind shall be constructed under any staircase leading from the entrance story to the upper stories, but such space shall be left entirely open and kept clear and free from encumbrance. (1) Cellar entrance. In every multiple dwelling there shall be an entrance to the cellar or other lowest story from the outside of the building. (m) Scuttles and bulkheads. In all multiple dwellings where there are scuttles or bulkheads, they and all stairs or ladders leading thereto shall be easily accessible and shall be kept free from obstruction and ready for use at all times. No scuttle and no bulkhead door shall at any time be locked with a key, but may be fastened on the inside by movable bolts or hooks. (n) Skylight access to roof. Unless there is a bulkhead in the roof, there shall be over every inside stairway used by more than one family, a skylight or scuttle not less than two (2) feet by three (3) feet in size. Every flat roof multiple dwelling exceeding one story in height shall have at least one convenient and permanent means of access to the roof located in a public part of the build- ing and not in a room or closet. (o) Safe storage required. Multiple dwellings shall provide a facility not easily accessible to children for the safe storage of drugs and household poisons in every dwell- ing unit. (p) Early warning fire protection systems. Every dwelling unit within a multiple dwelling shall be provided with smoke detectors as approved by the fire marshal. De- tectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access Supp. No. I 1187 i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -Drs rIDIMEs § 17-10 IOWA CITY CODF. to rooms used for Sleeping purposes. In an efficiency dwelling unit, the detector shall be centrally located on the ceiling of the main room. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located within twelve (12) inches of the ceiling. Care shall be exercised to insure that the installation will not interfere with the operating char- acteristics of the detector. When actuated, the detector shall provide an alarm in the dwelling unit. (q) Sanitary maintenance. The owner of every multiple dwelling shall be responsible for the maintenance and sanitary condition of all public areas therein. (r) Garbage disposal or storage. Adequate garbage and rub- bish disposal facilities or storage containers whose type and location are approved shall be supplied by the mul- tiple dwelling owner. The owner shall be responsible for disposal of all garbage in a clean and sanitary manner through the use of approved mechanical equip- ment or by placing it in the required containers. (a) Hanging screens, storm doors, storm aoindows. The owner of a multiple dwelling shall be responsible for providing and hanging all screens and storm doors and windows whenever the same are required under the provisions of the Housing Code. Screens shall be iprovided not later than the first day of June each year. (t) Ways of egress. Every multiple dwelling shall have at least two (2) independent ways of egress from each floor level as approved by the fire marshal. (1) No existing fire escape shall be deemed a sufficient means of egress unless it is in compliance with the Building and Fire Codes of Iowa City. i (2) All means of egress shall be maintained in a good state of repair and shall be free of obstruction at i all times. i Supp. No. I 1188 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110114ES HOUSING § 17-11 (3) Whenever fire escapes on a multiple dwelling are rusty, the owner shall have them properly painted. (Ord. No. 78-2891, § II, 5.9-78; Ord. No. 78-2893, § I1, 5-16-78) Sec. 17.11. Remedies. (a) Unfit for habitation. Any dwelling, dwelling units or rooming unit which shall be found to have any of the follow- ing defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the housing inspector: (1) One which is so damaged, decayed, dilapidated, unsani- tary, unsafe or vermin -infested that it creates a serious hazard to the health or safety of the occupants or of the public. (2) One which lacks light, ventilation or sanitation facilities adequate to protect the health or safety of the occupants ' or of the public. (3) One which, because of its general conditions or loca- tion, is unsanitary or otherwise dangerous to the health or safety of the occupants or of the public. (b) Condemnation procedures. The housing inspector shall leave a reasonable period of time, but not more than six (6) months, between the time he placards the property and the time he begins condemnation proceedings if remedial action is not take to correct the situation for which the dwelling was placarded. (c) Vacate condemned dwelling. Any dwelling or any por- tion thereof condemned as unfit for human habitation and so designated and placarded by the housing inspector shall be vacated immediately or as ordered by the housing inspector. (d) To re -occupy condemned dwelling. No dwelling or por- tion thereof which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and such i Supp. No. 1 1189 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DE.; tlom[S § 17-11 IOWA CITY CODE placard is removed by, the housing inspector. The housing in- spector shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. (e) Removal of placard prohibited. No person shall deface or remove the placard from any dwelling, dwelling unit, or rooming unit which has been condemned as unfit for human habitation and placarded as such, except as provided in sub- section 17-11(d). (Ord. No. 78-2891, § Ii, 6-9-78) Sec. 17-12. Retaliatory conduct prohibited. (a) Retaliatory conduct defined. Retaliatory conduct is an increase in rent or other fees, a decrease in services, a termi- nation or threat of termination of a rental agreement, the bringing or the threat of bringing an action for possession which is the result of the tenant doing any one of the follow- ing: (1) The tenant has complained to a governmental agency charged with responsibility for enforcement of a safety or health code of a violation applicable to the premises materially affecting health and safety; or (2) The tenant has complained to the owner or operator of such a violation; or (8) The tenant has organized or become a member of a tenant's union or similar organization; or (9) The tenant has pursued legal remedies. (b) Presumption or retaliatory conduct. In any action by or against the tenant, evidence of a complaint or other pro- tected activity within six (6) months before the action creates a presumption that the conduct on the part of the owner or operator was retaliatory in nature. This presumption does not arise if the tenant engaged in such protected activity after notice of a proposed rental or fee increase, diminution of services or termination of rental agreement. "Presumption" means that the trier of fact must find the existence of the fact Supp. No. 1 1190 MICADFILMED BY JORM MICROLAB CEDAR RAPIDS•DES IIQIRES HOUSING § 17-12 presumed unless and until evidence is introduced which would support a finding of its nonexistence. (c) Owner's rights. Notwithstanding other provisions of this chapter, an owner or operator may increase rent or other fees, decrease services, terminate a rental agreement, bring an action for possession or act otherwise upon a showing of, but not limited to, the following: (1) The condition or conditions found in violation of the health and safety codes were directly caused by the tenant or the members of the tenant's family beyond ordinary wear and tear. (2) The tenant has refused entry at reasonable times to the owner or operator or agent of either to the premises for the purpose of correcting such condition or con- ditions. (3) Compliance with applicable safety or health codes re- quire a reduction in services or an alteration, remodel- ing or demolition which would effectively deprive the tenant of use of the leased premises. (4) The tenant is in default in rent. (d) Tenant defense. If the owner or operator acts or en- gages in retaliatory conduct as defined, the tenant has a defense in any action against him for eviction. In addition, the tenant may recover possession or terminate the rental agreement. If any rental agreement is terminated, the owner or operator shall return any and all amounts already paid by the tenant to which the owner or operator is not legally entitled. (e) Normal leant term. The provisions of this chapter shall not apply in such a way as to affect negotiation of a lease renewal at the end of the normal term of an original lease. (Ord. No. 78-2891, § II, 5-9-78) Supp. No, 1 1191 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIIIES § 17-13 IOWA CITY CODE �"""'•. Sec. 17.13. [lent escrow. (a) Noncompliance. (1) Deposit in escrow. Notwithstanding any other pro- vision of law or any agreement, whether oral or writ- ten, if a lessor of residential premises fails to comply with an order of the housing inspector to correct a violation of the Housing Code, the housing inspector shall, upon the expiration of the original notice of such violation, serve notice in writing that the dwelling or dwelling unit is eligible for rent escrow. Said notice shall be sent to the owner by certified mail, return receipt requested with copies forwarded to each tenant affected by such notice. (2) Certification for rent escrow shall be given by a hous- ing inspector upon a showing to the inspector of eligi- bility for rent escrow and the production of a signed rent escrow agreement with a bank, trust company or other lending institution approved by the city bear- ing a certificate of the Johnson County recorder that r the same has been recorded. Application for certifica- tion must be made within thirty (30) days of notice of eligibility or final determination by the housing appeals board. (3) A dwelling or dwelling unit is eligible for certification of rent escrow if notice of eligibility for rent escrow is not appealed as provided for in this chapter or upon a decision by the housing appeals board upholding in whole or in part the notice of eligibility. (4) Upon such certification the duty of any tenant to pay, and the right of the lessor to collect rent shall be sus- pended without affecting any other terms and condi- tions of the landlord -tenant relationship until the dwelling or dwelling unit is certified as in compliance or until the tenancy is terminated for any reason other than the nonpayment of rent. (5) During any period when the duty to pay rent is sus- pended, and the tenant continues to occupy, the rent Supp. No. t 1192 � MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110IHES HOUSING § 17.13 withheld shall be deposited by the tenant into an escrow account in a bank, trust company or any other lending institution approved by the City of Iowa City. Said rent shall be paid to the lessor when the premises is certified as in compliance with the Housing Code, at any time within six (6) months from the date on which it was certified for rent escrow. Any funds deposited in escrow may be used by the lessor for the purpose of making such dwelling or dwelling unit comply with the Housing Code pursuant to adopted escrow pro- cedures. No tenant shall be evicted for any reason relating to nonpayment of rent while the rent is de- posited in escrow. However, a tenant may be evicted for holding over after the end of the lease term in any written lease. After six (6) months from the date of certification, the lessor may evict the tenant for pur- poses of vacating or demolition of said premises if the lessor deems it to be economically unfeasible to repair or renovate the premises. In that event, no certificate of occupancy shall be issued and no person shall occupy said premises for a period of one year following the tenant's eviction. If, at the end of six (6) months after the certification of the dwelling or dwelling unit, such dwelling or dwelling unit has not been certified in compliance, any monies unencumbered or remaining in escrow shall be payable to the depositor. (b) Administration. The city manager shall develop and establish written procedures for the deposit and disbursement of all monies derived as a result of the rent escrow program. Such procedures shall be adopted by resolution by the city council. (c) Hearing before housing appeals board. Upon appeal of any notice of eligibility for rent escrow the lessor may assert and present evidence as to why a particular premises does not qualify for the rent escrow program. Among the matters presented, the owner may assert and show, but is not limited to, the following: Supp. No. 1 1193 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES I § 17-13 IOWA CITY CODE (1) The deficiencies found by the housing inspector have been directly caused by the tenant or members of the tenant's family beyond ordinary wear and tear. (2) The tenant has refused entry to the owner or his/her agent for the purpose of correcting such condition or conditions. (3) The owner or his/her agent had no knowledge or had no reason to believe that said deficiencies had existed in the dwelling or dwelling unit. (Ord. No. 78-2891, § II, 5-9-78) Supp. No. I [The next page to 1229] 1194 (' 1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES MOTOR VEHICLES AND TRAFFIC § 23-1 Commercial district. The territory within the city as de- fined in the zoning ordinance of the city. Commercial vehicles. Means every single vehicle designated, maintained or used primarily for the transportation of prop- erty. Every such vehicle shall display either a sign or other insignia which is attached permanently onto the vehicle indicating that it is commercial in use or a sticker issued by the city. The director of finance shall establish rules and regulations governing the issuance of such stickers. Said regu- lations shall become effective upon adoption by resolution by the city council. Council. The city council of the city. Crosswalk. That portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections, or, any portion of a roadway dis- tinctly indicated for pedestrian crossing by lines or other markings on the surface. Farm tractors. Every motor vehicle designed and used primarily as a farm implement for drawing plows, moving machines, and other implements of husbandry. Frontage. The linear measure of the plot of ground upon which the building is located abutting upon the highway shall be deemed "frontage occupied by the building," and the phrase "frontage on such highway for a distance of three hundred (300) feet or more" shall mean the total frontage on both sides of the highway for such distance. House trailer, mobile hone. A trailer or semitrailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place, either permanently or tempo- rarily, and is equipped for use as a conveyance on streets and highways. Intersection.. The area embraced within the prolongation or connection of curblines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area Supp. No.1 1529 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES § 23-1 IOWA CITY CODE within which vehicles traveling upon different highways join- ing at any other angle may come in conflict. Jaywalking. A pedestrian crossing a highway at any Point other than a marked crosswalk or unmarked crosswalk at an intersection. Junk and obsolete motor vehicles. A motor vehicle or por- tion thereof not in running condition or not licensed for the current year as 'provided by law and not legally placed in storage with the treasurer of the county. Loading zone. A space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. Median strip. That portion of the street right-of-way de- signed and improved for pedestrian or park use, located within the street right-of-way and which has improved lanes for traffic on either side and which is not a part of the road- way improved or set aside for vehicular traffic, whether or not Y the same may be improved through the construction of curb- ` 1 ing. Motor truck. Every motor vehicle designed primarily for carrying livestock, merchandise, freight of any kind, or over seven (7) persons as passengers. Motor vehicle. Every vehicle which is self-propelled but not including vehicles known as trackless trolleys which are pro- pelled by electric power obtained from overhead trolley wires, but not operated upon rails. The term "car" or "automobile" shall be synonymous with the term "motor vehicle." Motorcycle. Every motor vehicle having a saddle or seat for the use of the rider and designed to travel on not more than three )wheels t motor scooter and abicycle with motorattached but excluding a tractor. Motorized bicycle, motor bicycle, and hoped. Means a two-wheeled motor vehicle with an engine having a displace- ment no greater than fifty (50) cubic centimeters as fixed by the State of Iowa Department of Transportation and not Supp. No. 1 1530 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11011JES MOTOR VEHICLES AND TRAFFIC § 23-1 capable of operation at a speed in excess of twenty-five (25) miles per hour on level ground unassisted by human power. Operator. Every individual who shall operate a vehicle as the owner thereof or as the agent, employee or permittee of the owner. Overpass. Any structure used for pedestrian or vehicular traffic which extends over and above the roadway. Ozoner. A person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right to purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the con- ditional vendee or lessee or in the event a mortgagor of a ve- 1. Supp No. I i 1530.1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIRES MOTOR VEHICLES AND TRAFFIC § 23-1 Special 7nobile equipment. Every vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways, in- cluding road construction or maintenance machinery and ditch -digging apparatus. The foregoing enumeration shall be deemed partial and shall not operate to exclude other such vehicles which are within the general terms of this subsection; provided, that, nothing contained in this section shall be con- strued to include portable mills or cornshellers mounted upon a motor vehicle or semitrailer. Stop. Complete cessation of movement. Stop, stopping, or standing. Any stopping or standing of a vehicle whether occupied or not. Street or highway. 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. Suburban district. Beans all other parts of a city not in - eluded in the commercial, school or residential districts. Traffic control signal. Any device, whether manually, elec- trically or mechanically operated, by which traffic is alter- nately directed to stop and to proceed. Traffic signals, official. All signals, not inconsistent with this section, placed or erected by authority of a public body or official having jurisdiction, for the purpose of directing, warning, or regulating traffic. Traffic signs, official. All signs, markings and devices other than signals, not inconsistent with this section, placed or erected by authority of a public body or official leaving juris- diction, for the purpose of guiding, directing, warning or regu- lating traffic. Trailer. Wherever the word "trailer" is used in this chapter, the same shall be construed to also include "semitrailer." Truck tractors. Means every motor vehicle designed and used primarily for drawing other vehicles and not so con - Supp. No. 1 1633 FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIDEs § 23-1 IOWA CITY CODE structed as to carry a load other than a part of the weight of the vehicle and load so drawn. Such term shall include the term "road tractor' which is a vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn. Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. (Cede 1966, §§ 6.01.01-6.01.04, 6.01.06-6.01.47; Ord. No. 77-2835, § II, 5-10-77; Ord. No. 78-2888, § 1, 4-4-78; Ord. No. 78-2908, § 2, 6-27-78) Cross reference—Rules of construction and definitions generally, § 1-2. State law reference—Similar provisions, I.C.A. § 321.1. Sec. 23-2. Use of coasters, roller skates and similar devices restricted. No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, shall go upon any road- way except while crossing a street on a crosswalk and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. This section shall not apply upon any street while set aside as a play street as authorized in this chapter. (Code 1966, § 6.03.04; Ord. No. 77-2835, § I1, 5-10-77) State law reference—Similar provisions, I.C.A. §§ 321.230, 321.234. Sec. 23.3. Applicability of chapter. (a) The provisions of this chapter shall apply to the drivers of all vehicles owned or operated by the United States, this state, or any county, town, district, or any other political subdivision of the state, subject to such specific exceptions as are set forth in this chapter or in the state vehicle code. (b) Every person riding an animal or driving any animal - drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except those provisions of this chapter which by their very nature can have no applica- Supp. No.1 1534 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES nolnfs MOTOR VEHICLES AND TRAFFIC § 28.21 I. Impoundment shall not exceed twenty-four (24) hours, except a peace officer may extend or reduce such time period for safety or traf- fic reasons. 2. No vehicle shall be impounded unless such ve- hicle is found on a public street or in a public lot and appears to be in violation of an exist- . Ing parking ordinance. 3. No vehicle shall be impounded within the trav- eled portion of any street or on any portion of a street or sidewalk when the impoundment at such place would create a hazard to the public or traffic. 4. Upon lapse of the time period enumerated herein, the city shall tow or cause such vehicle G to be towed. ,�. b. No vehicle shall be impounded by towing unless such vehicle is on a public street or in a public lot ✓' and appears to be in violation of an existing park- ing ordinance. (c) Entrance into impounded vehicles. If it is necessary to enter a locked or unlocked vehicle in order to impound such vehicle, such entrance must be made in the presence of a peace officer. The peace officer shall conduct a search of such ve- hicle as he/she deems necessary to protect the contents there- in, however, such search need not be a complete inventory. (d) Release of impounded vehicles. (1) The registered owner or operator may reclaim any vehicle impounded pursuant to the provisions herein by appearing before the director of the finance depart- ment or his/her representative. At such time, the owner or the operator shall sign a certificate that he/she is the registered owner or operator of the impounded vehicle, pay for all charges and costs incurred in im- pounding the vehicle and accept service of a citation filed against him/her for any outstanding tickets. In Supp. No. 1 1539 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES n101MCS § 23-21 IOWA CITY CODE lieu of said citation, the owner or operator may at that time pay for any outstanding tickets. (2) It shall be unlawful for any person to reclaim any vehicle impounded pursuant to the provisions herein, contrary to the procedure set forth in this section. (Code 1966, § 6.18.02; Ord. No. 77-2835, § II, 5-10-77; Ord. No. 78-2892, § II, 5-2-78) Sees. 23.22-23-28. Reserved. DIVISION 2. TRAFFIC CONTROL DEVICES Sec. 23.29. Obedience required. It shall be unlawful for the driver of any vehicle to disobey the instructions of any official traffic sign or signal placed in accordance with the provisions of this chapter, unless other- wise directed by a peace officer. (Code 1966, § 6.03.02(B); Ord. No. 77-2835, § II, 5-10-77) State low reference—Similar provisions, I.C.A. § 321.256. Sec. 23.30. Authority to install and maintain. (a) The city traffic engineer shall place and maintain offi- cial traffic -control devices when and as required under the traffic ordinances of this city to make effective the provisions of such ordinances, and may place and maintain such addi- tional signs or devices as he/she may deem necessary to reg- ulate, warn or guide traffic under the traffic ordinances of this city or the state vehicle code. (b) The city traffic engineer shall notify the city council In writing of the placement and location of such designation and installation of signs, Upon such notification, the city council may amend by resolution such action. (Code 1966, § 6.05.01; Ord. No. 77-2835, § II, 5-10-77) Stale law reference—Similar provisions, I.C.A. § 321.266. Sec. 23.31. Traffic lanes. The city traffic engineer is hereby authorized to mark traf- fic lanes upon the roadway of any street or highway where Supp. No. 1 1540 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DE.S MOINES MOTOR VEHICLES AND TRAFFIC § 23-32 a regular alignment of traffic is necessary. (Code 1966, § 6.05.07; Ord. No. 77-2835, § II, 5-10-77) Sec. 23-32. Manual and specifications. All traffic -control signs, signals and devices shall conform to the manual and specifications approved by the state high- way commission. All signs and signals required hereunder for a particular purpose shall so far as practicable be uniform as to type and location throughout the city. All traffic -control devices so erected and not inconsistent with the provisions of state law or this chapter shall be official traffic -control de- vices. (Code 1966, § 6.05.02; Ord. No. 77-2835, § II, 5-10-77) Sec. 23-33. Presumption of legality. (a) Whenever official traffic -control devices are placed in position approximately conforming to the requirements of this I I ! Supp. No. 1 1640.1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES MOTOR VEHICLES AND TRAFFIC § 23-08 See. 23.66. Observation of traffic rules. (a) All persons riding bicycles upon any street or sidewalk within the city shall observe all traffic ordinances and rules as to traffic lights and highway stop signs and shall signal any change of direction or course of travel in the same manner as such signals are required under the law governing the use by motor vehicles, and shall not turn to the right or left in traffic except at regular intersections of streets, alleys, or driveways. (b) All persons riding bicycles upon any street, sidewalk, or bike lane within the city shall observe all ordinances and rules as to traffic limits and shall make full and complete stops at official stop signs. (c) In addition, bicycles shall be subject to the provisions of ordinances applicable tq the driver of a motor vehicle except as to those provisions which by their very nature can have no application. (Code 1966, § 6.12.12; Ord. No. 77-2835, § II, 5-10-77) Sec. 23.67. Clinging to moving vehicles. No person traveling upon any bicycle, motorcycle, coaster, sled, roller skates, or any toy vehicle shall cling to or attach their vehicle to any other moving vehicle upon any roadway or bikeway. (Code 1966, § 6.12.13; Ord. No. 77-2835, § II, 5-10-77) Sec. 23.68. Method of riding. A bicycle rider shall not ride other than astride a perma- nent and regular seat. No operator of a bicycle intended for one person shall carry a second person on any part of the bicycle, except that infants may be carried when a suitable and proper seat is provided thereon. No person riding a bicycle shall carry any package, bundle, or article which would pre- vent the rider from keeping both hands upon the handlebars. (Code 1966, § 6.12.14; Ord. No. 77-2835, § II, 5-10-77) Supp. No.1 1547 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES § 23-69 IOWA CITY CODE Sec. 23-69. Careful riding. No person shall ride or propel a bicycle upon any sidewalk or roadway except in a prudent and careful manner. (Code 1966, § 6.12.15; Ord. No. 77-2835, § II, 5-10-77) Sec. 23-70. Riding on bikeways. No person shall ride or operate a bicycle within a bicycle lane or path in any direction except that permitted by ve- hicular traffic traveling on the same side of the roadway; pro- vided, that, bicycles may proceed either way along a lane or path where arrows or signs appear designating two (2) way bicycle traffic. (Code 1966, § 6.12.16; Ord. No. 77-2835, § II, 5-10-77) Sec. 23-71. Vehicles in bicycle lanes and bicycle parking areas. (a) Except as herein provided no person shall drive a motor vehicle (as defined by section 23-1 of the Municipal Code) in a designated bicycle path, lane or parking area or park any motor vehicles in such a path, lane or parking area. This V shall not prohibit the parking of a motorized bicycle, motor bicycle, or moped (as defined by section 23-1 of the Municipal Code) in areas designated as bicycle parking areas. No person shall cross a bicycle lane except after giving the right-of-way to all bicycles within the lane. (b) The city traffic engineer is hereby authorized to erect signs permitting motor vehicles to be parked in a designated bicycle lane, bicycle path or parking area during specific times and days. When such signs are present, motor vehicular parking shall be permitted only during those times which are specifically stated on the signs. (Code 1966, § 6.12.17; Ord. No. 77-2835, § II, 5-10-77; Ord. No. 78-2908, § 2, 6-27-78) Sec. 23-72. Impoundment. (a) The police department or any officer, agent or em- ployee of the city designated to enforce the parking ordinances of the city, on finding a bicycle unattended at a place where the bicycle constitutes an obstruction to vehicular or pedes - Hupp. No. 1 1548 MICROFILMED BY DORM MICROLAB CEDAR RAPIDS -DES 1101IIEs MOTOR VEHICLES AND TRAFFIC § 21.72 trian traffic, or constitutes an imminent threat to the health, safety or welfare of the public or is in violation of an existing parking ordinance, may remove or have caused the removal of such bicycle to a place designated by the chief of police for the storage of impounded bicycles. ' Supp. No. I i 1548.1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1101RES I i MOTOR VEHICLES AND TRAFFIC § 23-177 ing onto a sidewalk or onto the sidewalk area extending across any alleyway, and shall yield the right-of-way to all vehicles and pedestrians approaching on the highway or crosswalk. (Code 1966, § 6.04.18; Ord. No. 77-2835, § II, 5-10-77) State law reference—Similar provisions, I.C.A. § 321.353. Sec. 23-169. Operation of vehicles on approach of authorized emergency vehicle. (a) Upon the immediate approach of an authorized emer- gency vehicle with any lamp or device displaying a red light or an authorized emergency vehicle of a fire department dis- playing a blue light, or when the driver is giving audible signal by siren, exhaust whistle, or bell, the driver of every other ve- hicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right. hand edge or curb of the highway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. For the purposes of this section, "red light" or blue light' means a light or lighting device that, when illuminated, will exhibit a solid flashing or strobing red or blue light. (b) This provision shall not relieve the operator of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the street nor shall it protect the operator of any such vehicle from the con- sequences of an arbitrary exercise of such right-of-way, (Code 1966, §§ 6.04.03, 6.04.19; Ord. No. 77-2835, § II, 5-10-77) State law reference—Similar provisions, I.C.A. § 321.324. Secs. 23.170-23-176. Reserved. DIVISION 4, SIZE AND WEIGHT LIMITATIONS Sec. 23.177. Gross weight limits. The city traffic engineer is hereby authorized, on the basis of an engineering and traffic investigation, to erect and main - Supp. No. 1 1565 MICROFILMED BY JORM MICROLAB CEDAR RAPI0 -DES 1101HE5 § 23-177 IOWA CITY CODE tain official traffic control devices on any streets or parts of streets to impose gross weight limits. (Code 1966, § 6.17.01; Ord. No. 77-2835, § II, 5-10-77) Sec. 23.178. Signs to be posted for truck weight restrictions. The city traffic engineer is hereby authorized, on the basis of an engineering and traffic investigation, to erect and main- tain official traffic control devices on any streets or parts of streets to prohibit the operation of trucks exceeding ten thousand (10,000) pounds gross weight; provided, that, such devices shall not prohibit necessary local operation on such streets for the purpose of making a pickup or delivery. (Code 1966, § 6.17.02; Ord. No. 77-2835, § II, 5-10-77) Sec. 23-179. Size restrictions. The city traffic engineer is hereby authorized, on the basis of an engineering and traffic investigation, to erect and maintain official traffic control devices on any streets or parts of streets to impose vehicle size restrictions. (Code 1966, § 6.17.03; Ord. No. 77-2835, § 11, 5-10-77) Sec. 23.180. Excluding specified traffic. (a) The city traffic engineer is hereby authorized, upon the basis of an engineering and traffic investigation, to deter- mine and designate those heavily traveled streets upon which shall be prohibited any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic and shall erect appropriate official traffic control devices giving notice thereof. (b) No truck or other commercial vehicle with a license of over sixteen (16) tons, except those specifically exempted herein, shall be operated on Kirkwood Avenue and Lower Muscatine Road from the intersection of Kirkwood Avenue with Gilbert Court to the intersection of Lower Muscatine Road with Sycamore Street, Supp. No, I 1666 ( 1 l ter. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101rJES MOTOR VEHICLES AND TRAFFIC § 28.188 (c) Exceptions. The following vehicles shall be exempted from this prohibition: (1) Commercial vehicles engaged in the making of de- liveries or the furnishing of services at premises front- ing on the prescribed street or premises contiguous to the prescribed street which have no other means of access. (2) School buses. (3) City emergency and service vehicles. (Code 1966, § 6.17.04, Ord. No. 77-2835, § II, 5-10-77; Ord. No. 78-2933, § 2, 12-5-78) DIVISION 5. SPEED* Sec. 23-188. Limits generally. (a) Any person driving a motor vehicle on a highway shall l 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 highway and of any other condition then existing, and no person shall drive any vehicle upon a highway at a speed greater than will permit him/her to bring it to a stop within the assured clear distance ahead, such driver having the right to assume, however, that all persons using such highway will observe the law. (b) The following shall be the maximum allowable speed for any vehicles except as otherwise modified in this chapter: (1) Twenty (20) miles per hour in any business district. (2) Twenty-five (25) miles per hour in any residence or school district. (3) Forty-five (45) miles per hour in any suburban district. (4) Fifteen (15) miles per hour in any public park. (5) Ten (10) miles per hour in any alley or other public place not specifically mentioned in this section. j •Croas references—Speed regulations for airplanes at municipal air- port, § 4.47; speed limit in municipal cemetery, § 9-6. Supp. No. 1 1567 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DF.S 1401NES § 23-168 IOWA CITY CODE (c) The council by ordinance shall have the authority to raise or lower speed limits after recommendation by the city traffic engineer, such limits to be effective upon the erection of authorized signs. (Code 1966, §§ 6.07.01, 6.07.03; Ord. No. 77-2835, § Il, 5-10-77) Stale law reference—Similar provisions, I.C.A. § 321.285. Sec. 23.189. Exceptions to speed limits. Upon the basis of an engineering and traffic investigation, the following maximum speed limits are hereby determined and declared reasonable on the following streets or portions of streets, when signs are erected giving notice thereof. Where limit applies Maximum Name of street speed limit (mph) Fenton Street 35 From the intersection of Keswick Drive to the in- tersection of Morman Trek. Dubuque Street, northbound 35 From a point just north of the intersection with Kimball Road north to the city limits. Dubuque Street, southbound 35 From a point eight hun- dred (800) feet north of the intersection of Foster Drive to a point three hundred (300) feet north of the intersection of Park Road. Dubuque Street, southbound 45 From the city limits south to a point eight hundred (800)feetnorth of the intersection of Foster Drive. Supp. No. 1 1568 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES M0I11E5 MOTOR VEHICLES AND TRAFFIC § 23-189 q Where limit applies Maximum Name of street speed limit (mph) First Avenue 36 From the intersection of Bradford Drive south to the intersection of U.S. Highway 6. s Gilbert Street 30 From the intersection i of Burlington to the in- tersection of Highway 6. i Gilbert Street 26 From the intersection j with Highway 6 to a 3 point two thousand one hundred (2,100) feet south of said intersec- tion. Gilbert Street 36 From a point two thou- sand one hundred (2,- '�✓' 100) feet south of the intersection with High- way 6 to a point three thousand nine hundred f (3,900) feet south from 1 said intersection. Iowa Highway 1 56 From the city limits east to a point eight hundred (800) feet west of the intersection of Miller e Avenue. 4� E ' `y4 Supp. No. 1 1568.1 r , MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1,10111ES MOTOR VEHICLES AND TRAFFIC § 23-198 lVltere limit applirs Name of Street Maximutm U.S. Highway 218 r speed limit (mph) a 4From the city limits to I point one thousand (1,000) feet south of the intersection of U.S. Highways 218, 6, and (Code 1966, § 6.07.02; hway1. Ord. No. 77-2835Iow,1 § 11, 5-10-77; Ord. No. 78-2929, § 2, 10-24-78) Sec. 23-190. Control of vehicle, The persalt operating a motor vehicle m• motorcycle shall have the same under control and shall reduce the speed to a reasonable and proper rate: (1) When approaching and passing a person walking in rte., the traveled portion of the public highway, (2) When approaching and passing an animal which is being led, ridden, or driven upon a public highway. (3) When approaching and traversing a crossing or inter- section of public highways, or a bridge, or a sharp turn, or a curve, or it steep descent, in a public highway. (4) When approaching and passing a fusee, flares, red re- flector electric lanterns, red reflectors or red flags dis- played in accordance with the Code of Iowa. (Code 1966, § 6.04.31; Ord. No. 77-2835 § 11, 5-10-77) State law reference—Similar provisions, I.C.A. § 321.448. Sees. 23-191-23-197, Reserved, DIVISION 6, TURNING MOVEMENTS I Sec. 23.198. Authority to place devices altering normal cou for turns. rse The city traffic engineer is authorized to place official traffic -control devices within or adjacent to intersections indi- Supp, No. l 1571 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111[5 § 23-198 IOWA CITY CODE eating the course to be traveled by vehicles turning at such intersections, and such course to be traveled as so indicated may conform to or be other than as prescribed by law. (Code 1966, § 6.06.01; Ord. No. 77-2835, § II, 5-10-77) Sec. 23-199. Authority to place restricted signs. The city traffic engineer is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left or U turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are per- mitted. (Code 1966, § 6.06.02; Ord. No. 77-2835, § II, 5-10-77) Sec. 23-200. Turning at intersections. (a) Right to ms. The operator of a vehicle intending to turn to the right at an intersection or turn into an alley or driveway shall approach the point of turning in the lane of traffic nearest the right-hand edge or curb of the street, and i in turning, shall keep as closely as practicable to the right- hand curb or edge of the street. (b) Left turns. The driver of a vehicle intending to turn left at any intersection or into a driveway shall approach the point of turning in the extreme left-hand lane lawfully avail- able to traffic moving in the direction of travel of such vehicle, and, after entering the intersection, the left turn shall be made so as to leave the intersection In a lane lawfully available to traffic moving in such direction upon the roadway being en- tered. Whenever practicable the left turn shall be made in that portion of the intersection to the right of the center of the intersection. The approach for a left turn from a two (2) way street into a one-way street shall be made in that portion of the right half of the roadway nearest the center line there- of and by passing to the right of such center line where it enters the intersection. A left turn from a one-way street into two (2) way street shall be made by passing to the right of the center line of the street being entered upon leaving the Supp. No. I 1572 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401IIES MOTOR VEHICLES AND TRAFFIC § 23-287 person to be parked overtime or beyond the period of legal parking time established for any parking zone as described in this division. (b) It shall be unlawful and a violation of the provisions of this division for any person to permit any vehicle to remain in any parking space adjacent to any parking meter while such meter is displaying a signal indicating that the vehicle occupying such parking space has already been parked beyond the period of time prescribed for such parking space; and every hour's violation shall constitute a separate and distinct offense. (c) It shall be unlawful and a violation of the provisions of this division for any person to deface, injure, tamper with, open, willfully break, destroy or impair the usefulness of any parking meter or mechanical device installed under the pro- visions of this division. (d) It shall be unlawful and a violation of this division to r--�. deposit or cause to be deposited in any parking meter or me- chanical device any slug, device, metallic substance, or any w substance, except coins prescribed in this division. (Code 1966, § 6.19.05; Ord. No. 77-2835, § II, 5-10-77) Sec. 23.279. Reserved. Editor's note—Ord. No. 78.2932, § I, enacted Dec. 6, 1978, repealed § 23-279, which pertained to the parking meter fund and which was derived from Code 1966, § 6.19.08 and Ord. No. 77-2885, § II, enacted May 30, 1977. Secs. 23.280-23.286. Reserved. DIVISION 9. STOPPPING FOR LOADING AND UNLOADING ONLY Sec. 23.287. City traffic engineer to designate loading zones. The city traffic engineer is hereby authorized to determine the location of loading zones and passenger loading zones and shall place and maintain appropriate signs indicating the Supp. No. 1 1591 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES P § 23-287 IOWA CITY CODE same and stating the hours during which the provisions of this section are applicable. This authority includes but is not limited to the designation of loading zones for the use of com- mercial vehicles only. (Code 1966, § 6.15.01; Ord. No. 77-2835, § ll, 5-10-77) Sec. 23-288. Standing in passenger loading zone. No person shall stop, stand, or park a vehicle for any pur- pose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger loading zone during hours when the regulations applicable to such loading zone are effective, and then only for a period not to exceed three (3) minutes. (Code 1966, § 6.15.02; Ord. No. 77.2835, § 11, 5-10-77) Sec. 23-289. Standing in loading zone. (a) No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious un- loading and delivery or pickup and loading of property in any place marked as a loading zone during hours when the pro- visions applicable to such zones are in effect. In no case shall the stop for loading and unloading of property exceed fifteen (15) minutes. (b) Commercial vehicle loading zone. Only commercial ve- hicles which are properly designated as such may stop, stand or park in a loading zone designated "commercial vehicle loading zone," and no person shall stop, stand or park a commercial vehicle for any purpose or length of time other than the expeditious unloading or delivery or pickup and loading of property in any place marked as a commercial vehicle loading zone during hours when the provisions ap- plicable to such zones are in effect. In no case shall the stop for loading and unloading of property exceed thirty (30) minutes. (c) The driver of a vehicle may stop temporarily at a load- ing zone for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not Supp. No. 1 1692 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES F10INES MOTOR VEHICLES AND TRAFFIC § 23-291 interfere with any vehicle which is waiting to enter or about to enter such zone to load or unload property. (Code 1966, 6.15.03; Ord. No. 77-2835, § 11, 5-10-77) Sec. 23.290. City traffic engineer to designate public carrier stops and stands. The city traffic engineer is hereby authorized and required to establish bus stands, taxicab stands and stands for other passenger, common -carrier motor vehicles on such public streets in such places and in such number as he/she shall determine to be of the greatest benefit and convenience to the public, and every such bus stop, bus stand, taxicab stand or other stand shall be designated by appropriate signs. (Code 1966, § 6.15.04; Ord. No. 77-2835, § 17, 5.10-77) Cross reference—Vehicles for hire, Ch. 35. Sec. 23.291. Slopping, standing and parking of buses and taxi- cabs regulated. (a) The operator of a bus shall not stand or park such ve- hicle upon any street at any place other than a bus stand so designated as provided herein. (b) The operator of a bus shall enter a bus stop, bus stand or passenger loading zone on a public street in such a manner that the bus, when stopped to load or unload passengers or baggage, shall be in a position with the right front wheel of such vehicle not farther than eighteen (18) inches from the curb and the bus approximately parallel to the curb so as not to unduly impede the movement of other vehicular traffic. (c) The operator of a taxicab shall not stand or park such vehicle upon any street at any place other than in a taxicab stand so designated as provided herein unless he/she secures a permit from the traffic engineer. Application for such per- mit shall be made along with a fee as determined by the traffic engineer and adopted by the city council. This pro- vision shall not prevent the operator of a taxicab from tempo- rarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually Supp. No. 1 1593 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES taoltlEs � 23-291 IOWA CITY CODE engaged in the expeditious loading 01, unloading II, 5-10--77) of passengers. (Code 1966, § 6.15.05 ; Ord. No. 77-2835, § Cross rererence— ehicles for hire, Ch. 35. Sec. 23-292. Restricted use of bus and rtaxicab sea ds. than a No person shall stop, stand or P bus in a bus stop or other than a taxicab in a taxicabted and stand na when any such stop or stand has hat the- been driver of a passenger appropriately signed, except purpose of and vehicle may temporarily stop therein for the assengers While actually engaged in loading or unloading P when such stopping does not interfere with any bus or 1966, cab waiting to enter or aboutIto I, 6 enter -10-77) uch zone. (Code 1966, 6.15.06; Ord. No. 71-2835, § Cross reference—vehicles for hire, Ch. 35. rIN [The next Pelle Is SuPP• No. 1 1594 `+✓' MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i Chapter 24 51ISCELLANEOUS PROVISIONS* Art. I. In General, §§ 24.1-24-15 Art. 11. Curfew Regulations, §§ 24-16-24.46 Div. 1. Generally, §§ 24-16-24-22 Div. 2. Emergencies, §§ 24-23-24-31 Div. 3. Dlinors, §§ 24-32-24.46 Art, 111. Disorderly persons, Conduct and Rouses, §§ 24-47-24.63 Art. IV. Firearms and Other Weapons, §§ 24.64-24-77 Art. V. Iowa River, §§ 24.78-21-100 Art. V1. Nuisances, §§ 24-101-24-113 Art. VII. Offenses Against Morals, § 24.114 ARTICLE I. IN GENERAL Sec. 24-1. Damaging, defacing property. No person shall damage or deface in any manner any prop- erty belonging to another, whether public or private, with- out the consent of the owner of such property. (Code 1966, �~ § 7.19.3) Sec. 2.1.2. Unlawful assembly. No person shall participate in any assembly where persons come together in a violent or tumultuous manner or, when together, attempt to do an act, whether lawful or unlawful, in an unlawful, violent, or tumultuous manner to the disturb- ance of others. (Code 1966, § 7.19.8) Sec. 24.3. Impersonating officer. It shall be unlawful for any person other than a duly ap- pointed and acting officer or representative of the city to wear or display any insignia tending to designate the wearer as being an officer or representative of the city. (Code 1966, § 7.14.10) 'Cross references—General penalty for Code violations, § 1-8; police, Ch. 29. Supp. No. 1 1693 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOItIES § 24-4 IOWA CITY CODE Sec. 24-4. Fences. (a) Electric. It shall be unlawful within the corporate limits of the city for any person to erect, maintain, operate, or use an electric fence or similar apparatus for the purpose of trans- mitting an electric current or shock to any living thing or person. (b) Barbed. mire. No person shall use barbed wire to enclose in whole or part any parcel of land containing less than three (3) acres. (Code 1966, §§ 7.14.16, 7.14.17) Sec. 24-5. Smoking prohibited in designated areas. (a) Purpose. The purpose of this section is to protect the public health, comfort and environment by prohibiting smok- ing in public places and public meetings except in designated areas. (b) Definitions. (1) "Public place" means any enclosed, indoor area used t °" by the general public, including, but not limited to, municipal buildings, bars, restaurants, retail stores and other commercial establishments, public convey- ances and meeting rooms. (2) "Public meeting" means all meetings open to the public of the city council and the boards and commissions of the City of Iowa City. This section shall not apply to meetings of the school board, the board of super- visors and other state or federal agencies held in Iowa City. (3) "Smoking" means inhaling or exhaling the smoke of, or the possession or control of, a lighted cigarette, pipe, cigar or little cigar. (c) Smoking prohibited in certain. areas. Smoking is pro- hibited in public places or at public meetings except in desig- nated smoking areas. This section does not apply in cases in which an entire room or hall is used for a private social function and senting arrangements are under the control Supp, No. 1 16144 IM MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES M0111ES MISCELLANEOUS PROVISIONS 6 24-5 of the sponsor of the function and not of the proprietor or person in control of the place. Furthermore, this section shall not apply to offices and places of work not generally frequented by the public. (d) Responsibility of proprietors. The proprietor or other person having charge of a public place shall: (1) Post appropriate signs; (2) Arrange seating to provide a smoke-free area; (3) Inform any person who is observed smoking in viola- tion of this section that smoking is prohibited by law in that place or area. (e) "No smoking" areas posted. The proprietor or other persons having charge of a public place shall cause to be posted within the area where the prohibition against smoking is in effect one or more conspicuous signs bearing the words "smoking prohibited by law" or words or symbols of similar effect. (f) Designation of smoking areas. (1) The proprietor or other person in charge of a public place may designate smoking areas, except in places in which smoking is prohibited by the fire marshal or by the law. With the exception of retail stores and other commercial establishments, bars and restaurants, not more than fifty (60) per cent of a public place may be designated as a smoking area. (2) In retail stores and other commercial establishments, smoking is prohibited, except that the proprietor or other person in charge may designate an area, not to exceed twenty-five (25) per cent of the retail or com- mercial sales area, where customers or employees may smoke. (3) In bars and restaurants, at least twenty-five (26) per cent of the permanent seating must be designated as a no smoking area, but the proprietor or other person Supp. No. I 1646 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 14010ES § 24-5 IOWA CITY CODE �'�`"• in charge shall have the option to designate a greater percentage of the permanent seating as a nonsmoking area. (4) Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to mini- mize the toxic effect of smoke in adjacent nonsmoking areas. In the case of public places consisting of a single room, the provisions of this law shall be considered met if one side of the room is reserved and posted as a no smoking area. (g) Violation not a misdemeanor. Notwithstanding any other ordinance of the City of Iowa City, Iowa, it shall not be a misdemeanor for any person to violate or disobey any provision of this section. (Ord. No. 78-2889, §§ 1-7, 4-18-78) Editor's note—Ord. No. 78-2889, §§ 1-7, enacted April 18, 1978, did not specifically amend the Code; thus, its codifications as § 24-5 is at the editor's discretion. Secs. 24-6-24.15. Reserved. ARTICLE II. CURFEW REGULATIONS* DIVISION 1. GENERALLY Secs. 24-16-24.22. Reserved. DIVISION 2. EMERGENCIES Sea 24.23. Mayor's authority. The mayor may declare a state of emergency endangering the safety or property of any individual and a curfew within the corporate limits of the city, whenever, in his discretion, an emergency situation exists; such curfew making it unlaw- ful for any person to be or remain upon any of the alleys, streets or public places or places of business and amusement in •Crosa reference—Presence in municipal cemetery after certain hours prohibited,§ 9.5. Supp. No. 1 - 1696 �I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS—DES MOINES MISCELLANEOUS PROVISIONS § 24-24 j the city, between such hours as shall be designated by the mayor in his proclamation of a curfew. The mayor's curfew shall use the least restrictive provisions necessary to deal with the emergency. (Code 1966, § 7.06.2; Ord. No. 2557) Sec. 24.24. Notice. Notice of the curfew established pursuant to this article shall be given by promulgating the mayor's proclamation of Supp. No. 1 I 1646.1 MICROFILMED BY JORM MICROIAB CEDAR RAPIDS -DES MORIES MISCELLANEOUS PROVISIONS § 24-114 ARTICLE VII. OFFENSES AGAINST MORALS Sec. 24.114. Indecent exposure and conduct. (a) It shall be unlawful for a person to allow or permit the exposure of the genitals, buttocks, female breasts or pubes of such person to another not his or her spouse, or to commit a sex act in the presence or view of another person except a spouse, if: (1) He or she does so to arouse or satisfy the sexual desire of either of them; and (2) He or she knows or reasonably should know that his or her act is offensive to the viewer. (b) 'Sex act" means any act, actual or simulated, which in- volves contact with human or animal genitalia or the anus. This would include but not be limited to such acts as mastur- bation or sexual intercourse. (c) It shall be unlawful for any person to urinate or defe- cate in or upon any street, alley, public place or in any place open to public view, provided that this section shall not apply to restrooms or public facilities designated for such purpose. (Code 1966, § 7.02.6; Ord. No. 2688; Ord. No. 76.2760, § H, 4.1-76; Ord. No. 78.2896, § II, 6-30-78) r [The next page in 1719] Supp. No. 1 1663 i, MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101RE5 Chapter 25 PARKS AND RECREATION* Art. I. In General, §§ 25.1-25-15 Art. II. Commission, §§ 25-16-25.32 Art. III. Department, §§ 25.33-25.47 Art. IV. Use by Groups, §§ 25-48-25.55 ARTICLE I. IN GENERAL Sec. 25-1. Prohibited actions in parks and playgrounds. No person shall, in any park and playground within the city: (1) Pick or destroy any flower or walk or run upon any flower beds. (2) Break or tear any limbs or branches from any shrub or tree. (3) Throw objects or missiles at any animal or bird, in or out of cages, or molest any animal or bird in any way. (4) Tear down, mutilate, destroy, or carry away any sign erected under the authority of the city council. (5) Tear down, mutilate, destroy, or burn any building or shelter or equipment located in any park or play- ground. (6) Park any vehicle in any area where parking is pro- hibited. (7) Drive any vehicle within any park or playground ex- cept upon the designated streets, driveways, and park- ing areas of such parks and playgrounds. -Cross references—Administration generally, Ch. 2; amusements, Ch. 6; litter in parks, § 15.84; mobile homes and mobile home parks, Ch. 22; planning, Ch. 27; streets, sidewalks and public places, Ch. 81; subdivision regulations, Ch. 82; utilities, Ch. 83; vegetation, Ch. 84; zoning regula. tions, App. A. Supp. No. 1 1713 MICROFILMED BY JORM MICROLAB CEDAR RARIDS.DEs Mollies § 25-1 IOWA CITY CODE (8) Drive any vehicle within any park or playground at a speed in excess of fifteen (15) miles per hour. (9) Drive any vehicle in the wrong direction upon any one- way street. (10) Carly firearms or weapons into any park or play- ground in the city. (11) Bring, cause, or permit any dog to enter into any park or playground unless such dog is on a leash. (12) Ride any horse in any park or playground except upon designated streets and bridle paths. (13) Practice golf in any park or playground unless soft or plastic practice balls are used. (14) Build or aid and abet the building of any fire in any park or playground except in stoves or fireplaces desig- nated for such purposes unless granted special author- ization by the city. (15) Be in any park or playground, whether on foot or in a vehicle between the hours of 10:30 p.m. and 6:00 a.m. unless granted special authorization by the City of Iowa City, Iowa. However, from April 15 to October 31, the hours shall be from 11:00 p.m. to 6:00 a.m, in City Park and Mercer Park. (16) Possess or consume any beer r- alcoholic beverages in any park or playground. (17) Occupy any shelter house or building or recreation area which has been reserved through the provisions of this chapter for other persons or erect any reserved sign in any shelter house or building when no reser- vation has been obtained. (18) The operation of motorized vehicles is restricted to park roads. Unlicensed motorized vehicles are pro- hibited within the parks. (Code 1966, § 3.34.5; Ord. No. 76-2820, § I11, 11-23-76; Ord. No. 78-2880, § 2, 2-28-78; Ord. No. 78-2890, § 2, 5.2-78) Supp. No. 1 1714 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MolNEs 1 PARKS AND RECREATION 4 26.2 Sec. 25.2. Traffic regulations. The director of parks and recreation shall designate streets and driveways for use within the parks and playgrounds and may designate any streets or driveways for one-way traffic; and such designation shall be set by resolution of the city council; and signs shall be placed marking the same. The Supp. No. l 1719.1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES PLANNING § 27-45 by an affirmative vote of the members of the commission. In granting variations and modifications, the commission may require such conditions as will in the judgment of the com- mission secure substantially the objectives of the require- ments so varied and modified. (c) UnUsu«l plans. This division shall not preclude the, approval of development designs of an unusual type if, in the opinion of the planning and zoning commission, the general and aesthetic merit, the preservation of natural and topo- graphic features and the prospective enhancement of the community would warrant the waiving of technical require- ments as set forth in this division. (d) COU"cil action. In all cases of variance, modification or a waiver of the general requirements it will be necessary to have the city council approve the same and note this fact in the resolution approving the development plan. The council may also modify, vary or waive the general requirements on its motion for good reasons shown, even if the planning com- mission refused to do so. (Code 1966 i ( , a e 9.52.4; Ord. No. 2627) Sec. 27.45. Temporary buildings. t (a) Temporary buildings shall be exempt from the provision of this chapter. For the purpose of this chapter, a temporary building shall be defined as a structure which shall remain on the site for less than two (2) years and its occupancy or use shall be limited to services which shall be performed temporarily for the owner of the site, such as construction. Temporary buildings shall not be occupied by the owner's personnel, or used to conduct the owner's business or activity. (b) It shall be unlawful to occupy or use the temporary building in violation of this section or to allow the building to remain on the site beyond the two (2) years specified herein. If special circumstances require an extension of the use, the building inspector may grant an extension not to exceed six (6) months. (Ord. No. 78-2907, § 2, 6-27-78) Editor's note—Ord. No. 78-2907, § II, enacted June 27, 1078, was non - amendatory of this Code and Is included no § 27.46 at the editor's discre- tion. Crone reference—Exceptions to Division 2 requirement, § 27.44. Supp. No. 1 1841 F4CROFILMED BY JORM MICROLAB CEDAR RANDS•DES 11011iEs § 27.46 IOWA CITY CODE /1~i Secs. 27-46-27-51. Reserved. DIVISION 3. RESIDENTIAL Sec. 27.52. Definitions. As used in this division, the following terms shall have the meanings indicated: AllcV. A public thoroughfare which affords only a secondary means of access to abutting property. Commission. The planning and zoning commission of the city. Dormitory. A dwelling where lodging with or without meals is provided for compensation to more than thirty (30) per- sons and which is not composed of apartment units. Large scale residential development. A multi -residential building or buildings built upon a separate tract greater than two (2) acres in area or a residential building or buildings �. . built upon a separate tract containing thirty (30) or more living units or a dormitory with accommodations for sixty (60) or more persons. Living units. The room or rooms occupied by a family; provided that, a living unit must include a kitchen. Private drive. A right-of-way set aside for the use of visitors to and residents of the large scale residential develop- ment. Separate tract. A parcel of land or a group of contiguous parcels of land under one ownership, Street. A right-of-way dedicated to and accepted for the public use, which affords the principal means of access to abutting property. (Code 1966, § 9.51.1(A), (E), (G)—(L); Ord. No. 2400) Cross reference Rules of construction and definitions, generally, § 1-2. Supp. No. 1 1842 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401IIES PLANNING § 27-54 Sec. 27-53. Approval prerequisite to issuance of building per. mit. No building permit shall be issued for any large-scale resi- dential development within the city until such development has been approved as required by this division. (Code 1966, § 9.51.2; Ord. No. 2400) Sec. 27-54. Application for approval. Any person who wishes to erect a large scale residential development shall submit to the clerk an application for approval of such development. Such application shall be ac- companied by six (6) copies each of the following: (a) A location map which shall contain: 1. Development name. 2. Outline of the tract upon which the development is to be erected. 3. Existing streets and city utilities on adjoining property. Supp. No. 1 1842.1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIIIES Chapter 28 PLUMBING* Art. 1. In General, §§ 28.1-28.17 Art. II. Administration and Enforcement, §§28-18-28-32 Art. Ill. Licenses and Permits, §§ 28.33-28.48 ARTICLE I. IN GENERAL Sec. 28.1. Definitions. The following terms are defined (for the purposes of this chapter]: (a) Master plumber. The term "master plumber" means any person who undertakes or offers to undertake to plan for, lay out, supervise and do plumbing for a fixed sum, fee or other compensation. (b) Journeyman plumber. The term "journeyman plumber" r� means any licensed person who labors at the trade of plumbing as an employee. (Ord. No. 77-2874, § 4, 12-20-77) Cross reference—Rules, of construction and definitions generally, § 1.2. Sec. 28.2. Code—Adopted. Subject to the following amendments, the 1976 Edition of the Uniform Plumbing Code is hereby adopted. (Ord. No. 77-2874, § 2,12-20-77) Cross references --Building code, Ch. 8, Art. II; code for abatement of dangerous buildings, § 8-31; mechanical codes adopted, § 8-44; electrical code adopted, § 11-8. State law reference—Authority to adopt technical codes by reference, I.C.A. § 380.10. 'Editor's note—Ord. No. 77-2874, § 30, enacted Dec. 20, 1077, repealed Ord. No. 74.2710, §§ 2-27, enacted April 4, 1974, from which Ch. 28 in Its entirety was derived. Sections 2-28 of Ord. No. 77-2874 con- tained provisions which the editors have codified as a new Ch, 28. Section 29 provides the copies of that plumbing code may be found in the city clerk's office. Cross references—Buildings and building regulations, Ch. 8; elec- trical regulations, Ch. 11; fire prevention and protection, Ch. 12; hous- ing, Ch. 17; mobile homes and mobile home parks, Ch. 22; planning, Ch. 27; subdivision regulations, Ch. 32; zoning regulations, App. A. Supp. No. 1 1903 i FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINCS g 28.3 IOWA CITY CODE Sec. 28-3. Same—Amendments. (The code adopted by section 28.2 of this chapter is hereby amended as follows:] (1) Part 1, Administration, is deleted. (2) Section 310(c) is deleted. (3) Section 401(a)1 is amended by addition of the follow- ing: The requirements of Section 409(a) shall apply only when it is determined necessary by the administrative authority or the engineers of the governing body, based on local con- ditions. (4) Section 409 is amended to read as follows: No PVS or ABS shall be used under the floor. (5) Section 505(d) is amended by adding the following: The vent through the roof shall not be less than two (2) inches in diameter. (6) Section 506(a) is amended to read: Each vent pipe or stack shall extend through its flashing and shall terminate vertically not less than one foot above the roof and not less than one foot from any vertical sur- face. (7) Section 603 is amended as follows: After the word "machine" in the last paragraph sub. stitute a comma for the period and add "or by looping the discharge line of the dishwasher as high as possible near the flood level of the kitchen sink." (8) Table 7-1 is hereby amended by deleting the trap to vent distances and substituting the following: Distance Trap Trap Arm to Vent in Feet 11/4 5 11h 6 2 8 3 12 4 and larger 12 Supp. No. 1 1904 / MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES PLUMBING § 28.5 (9) Section 1105 is amended to read as follows: Size of building sewers. The minimum size of any building sewer shall be four (4) inches. (Ord. No. 77-2874, § 3, 12.20-77) Sec. 28.4. Garage floor drains. Garages and other structures for the housing, sale or repair of automobiles or for the commercial washing, or repairing of automobiles which connect with the sewer shall be provided with proper means for draining the floors and repair pits so that no drainage therefrom shall flow over any street, alley, sidewalk or pavement approach. Such drains shall be so con- structed as to have a device for catching sand, silt or other solids and to have a seal depth of not less than six (0) inches above the sand receiver; and the outlet shall not be smaller than a four -inch connection. All materials used for vent and waste lines shall conform with the other provisions hereof. The trap shall be constructed of cast iron, cement or hard burned brick laid in cement mortar with an accessible iron cover. Any place of business where gasoline, benzine, naphtha _ or other inflammable oils or compounds are used or kept shall be provided with special drains in the same manner as those required for garages. Such drains and traps must be approved by the plumbing inspector. (Ord. No. 77-2874, § 24, 12-20-77) Sec. 28-5. Connection with Y's. (a) Unless special permission is endorsed on the permit [issued under this chapter,) the junction pieces, slants, or Y's which have been built into the sewer during construction, must be used for connecting all private sewers or house drains, (b) In all cases the trench must be of ample width at the Point of connection and all rubbish removed for purposes of inspection; and the actual connection with such junction piece, -giant, or Y must be made in the presence of the plumbing in- spector or his authorized agent. The cover on the Y branch on the sewer should be carefully removed in order to prevent in- jury to the socket. If there is no junction piece, slant, or Y Supp. No. 1 1905 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 6101rIE5 § 28-5 IOWA CITY CODE already in the sewer, a permit to cut the sewer will be granted by the plumbing inspector; and the connection may be made by inserting into the sewer a junction pipe of the size speci- fied in the permit and cut to an angle of forty-five (45) de- grees by the manufacturer. After making the opening in the sewer, all rubbish must be removed from the inside of the sewer. The junction pipe must then be set even with the inside of the sewer on a bed of mortar, and the opening around the pipe must be carefully prepared and well plastered with mortar compounded of equal parts of portland cement and clean, sharp sand. All back -filling of trenches will be flushed or tamped as directed by the plumbing inspector. (c) Nothing but saddle Y's, as prescribed by the plumbing j inspector, may be used where it becomes necessary to tap the main sewer. The excavation showing the connections shall be kept open by the plumber until the plumbing inspector has been notified. (Ord. No. 77-2874, § 25, 12.20-77) Sec. 28.6. Minimum requirements. The provisions of this code shall be held to be the minimum requirement adopted for the protection of the health, safety and welfare of the citizens of the City of Iowa City, Iowa. Any higher standard in a statute of the State of Iowa or ordi- nance of the City of Iowa City shall be applicable. (Ord. No. 77-2874, § 28, 12.20-77) Secs. 28.7-28-17. Reserved. ARTICLE II. ADMINISTRATION AND ENFORCEMENT* Sec. 28-I8. Board of examiners. (a) Creation. There is hereby established a board of ex- aminers of plumbers for the City of Iowa City, Iowa. (b) Membership. The board of examiners of plumbers shall consist of four (4) members. Three (3) members of the board shall be appointed by the mayor with the concurrence of the •Crass reference Administration generally, Ch. 2. Supp. No. 1 1906 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIIIES f�- PLUMBING § 28-19 city council; one shall be a master plumber; one shall be a journeyman plumber; and one shall be a representative of the public. The fourth member, who shall also be chairman, shall be the plumbing inspector. All appointed members of the board shall be qualified electors of the City of Iowa City, Iowa, and shall serve without compensation. (c) Terms. The term of office for each appointed member shall be two (2) years, and no appointed member shall be appointed to two (2) consecutive terms on the board. All terms shall commence on January first of the year of appointment. Three (3) members of said board of examiners shall con- stitute a quorum for the transaction of all business. (d) Duties. It shall be the duty of the board of examiners to examine all applicants desiring to engage in the work of plumbing, whether as master plumbers or as journeyman plumbers. The board shall examine applicants as to their practical knowledge of plumbing; and if an applicant demon- strates his/her competency therein, the board shall issue a license authorizing the applicant to engage in the work of plumbing. The board of examiners, except the plumbing inspector, shall also serve as a grievance board. Should any disagree- ment arise between a master plumber and the plumbing inspector relative to the proper or improper installation of any work governed by this chapter, either party may appeal to the grievance board which shall pass judgment on the matter. If a plumber on the board is involved in the dispute, the other members of the board shall appoint an alternate qualified master plumber, who is an elector of Iowa City, Iowa, to act in his stead. Appeals shall be in accordance with the procedure in the Iowa City Administrative Code, (Ord. No. 77-2874, 5,12-20-77) Sec. 28.19. Inspections. It shall be the duty of the person doing the work authorized by the permit to notify the plumbing inspector orally or in writing that work is ready for inspection not less than twenty- four (24) hours before the work is to be inspected. Supp. No. 1 1907 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 110111[5 § 28-19 IOWA CITY CODE /"" It shall be the duty of the person doing the work authorized by the permit to insure that the work will stand the tests prescribed before giving notification. No work shall be covered or concealed in any manner before it has been examined and approved by the plumbing inspector. (Ord. No. 77-2874, § 22, 12-20.77) Sec. 28.20. Plumbing inspector. (a) Duties. It shall be the duty of the plumbing inspector to administer and enforce the provisions of this chapter, sign and issue all notices, permits and licenses, pass upon all plans submitted, and keep complete records of all official work performed in accordance with the provisions of this chapter. (b) Right of entry. The plumbing inspector shall carry proper credentials and shall have the right of entry, upon presentation of his/her credentials during business hours, to inspect all buildings and premises in the performance of his/ her duties. i" (c) Stopping work. Whenever in the opinion of the plumb- ing inspector the continuance of plumbing work is contrary to public welfare by reason of defective or illegal work in violation of a provision of this chapter, he may order, either orally or in writing, all further work to be stopped and may require suspension of work until the condition in violation has been remedied. (d) Excavations. All excavations made for the purpose of laying water pipes or sewage from the property line to the building line shall be under the direction and subject to the approval of the plumbing inspector who shall issue all per- mits and notices. All work within the streets and alleys shall be under his supervision, under the direction of the city engineer. (Ord. No. 77-2874, § 23,12-20-77) Sec. 28.21. Violations. (a) Notices. (1) Whenever the plumbing inspector discovers that any unsanitary conditions exist or that any construction Supp. No. 1 1908 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES PLUMBING § 28.33 or work regulated by this chapter is dangerous, un- safe, unsanitary, a nuisance or a menace to life, health or property, or otherwise in violation of this chapter, he may serve a written order upon the person re- sponsible therefor directing discontinuance of such illegal action and the remedying of the condition which is in violation of the provisions of this chapter. (2) Refusal or failure to comply with any order shall be considered a violation of this chapter. (3) If the order is not promptly complied with, the plumb- ing inspector may request that the city attorney institute an appropriate proceeding at law or in equity to restrain, correct or remove such violation. (b) Violators. The owner of a structure or premises where anything in violation of this chapter shall exist and an archi. tect, builder, contractor, agent, person or corporation employed in connection therewith, and any who may have assisted in the commisison of such violations shall each be separate offense. (Ord. No. 77-2874, § 26, 12-20-77)ty of a Sec. 28.22. Penalties. Any person, firm or corporation violating any of the pro. visions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not exceeding one hundred dollars ($100.00) or by imprison. ment not exceeding thirty (30) days. (Ord. No. 2874, § 27, 12-20-77) Secs. 28-23-28.32. Reserved. ARTICLE III. LICENSES AND PERMITS Sec. 28.33. Licenses. (a) No person shall undertake or offer to undertake to plan for, lay out, supervise and do plumbing for a fixed sum, fee or other compensation within Iowa City, Iowa, unless such Supp. No. I 1909 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES tlolnES § 28-33 IOWA CITY CODE i person shall have obtained from the City of Iowa City, Iowa, a master plumber's license. (b) No person shall work as a journeyman plumber within Iowa City, Iowa, until such person shall have obtained from the City of Iowa City, Iowa, a journeyman plumber's license. (Ord. No. 77-2874, § 6,12-20-77) Sec. 28.34. Application. Any person required by this chapter to possess a plumber's license shall make application to the board of examiners of plumbers. (Ord. No. 77-2874, § 7, 12-20-77) Sec. 28.35. Application and examination fees. The examination fee for those persons applying for a plumber's license shall be ten dollars ($10.00), which shall not be refunded. (Ord. No. 77-2874, § 8,12-20-77) Sec. 28.36. Licensing standards.+' [The board of examiners shall issue licenses pursuant to the following provisions:] (a) A master plumber's license shall be issued to every person who demonstrates satisfactory completion of one year's experience as a journeyman plumber and successfully passes the examination conducted by the board of examiners of plumbers. The fee for the first license shall be set by resolution. (b) A journeyman plumber's license shall be issued to every person who demonstrates satisfactory completion of a four (4) years' experience as an apprentice plumber and successfully passes the examination conducted by the board of examiners of plumbers. The fee for the first license shall be set by resolution. (Ord. No. 77- 2874, § 9, 12.20.77; Ord. No. 78-2878, § 2, 2-21-78; Ord. No. 78-2883, § 2, 3.7-78) Supp. No. 1 1910 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 14O1tics PLUMBING 3 28-41 Sec. 28-37. Re-examinations. Any person who fails to pass the examination may apply for re-examination at the next regularly scheduled examina- tion period. (Ord. No. 77-2874, § 10, 12-20-77) Sec. 28-38. Bond and insurance. Before a master plumber's license may be issued, the ap- plicant shall file with the plumbing inspector proof of existing liability insurance in the amount of ten thousand dollars ($10,000.00) and a bond in the penal sum of one thousand dollars ($1,000.00) running to the City of Iowa City, Iowa, i with sureties to be approved by the plumbing inspector. Said bond shall be conditioned for the faithful performance of all duties required by ordinance or regulation of Iowa City, Iowa, and to repay damages sustained by the city by reason of neglect or incompetence of the licensee or his/her employees in the performance of work done including, but not limited to, careless guarding of excavations, failure to put all streets or public places opened in as good a condition as before opening. (Ord. No. 77-2874, § 11, 12-20-77) Sec. 28.39. Renewals. Every license shall expire on December thirty-first of each year, unless revoked. The renewal fees shall be set by reso. lution. (Ord. No. 77.2874, § 12, 12-20-77; Ord. No. 78.2883, § 3, 3-7-78) Sec. 28.40. Examination waived. The board may waive the examination requirement for any master or journeyman plumber who possesses a license issued by another city in Iowa which has similar licensing standards. (Ord. No. 77-2874, § 13, 12-20-77) Sec. 28.41. Revocation. The board of examiners of plumbers may revoke any license issued by them if a person shows incompetency or lack of knowledge or if the license was obtained by fraud. Supp. No. 1 1911 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1,10illEs § 28.41 IOWA CITY CODE 11 ' Licenses are not transferable. The lending of any license or the obtaining of permits thereunder for any other person shall be deemed cause for revocation. If a license is revoked for any reason, another license shall not be issued for twelve (12) months after revocation. (Ord. No. 77-2874, § 14, 12-20-77) Sec. 28-42. License display. The licenses of all master plumbers employed by a firm shall be posted in a conspicuous place in its office. (Ord. No. 77-2874, § 15, 12-20.77) Sec. 28-43. Permit required. (a) It shall be unlawful for any person to install, remove, alter, repair or replace or cause to be installed, removed, altered, repaired or replaced any plumbing, gas or drainage piping work, or any fixture or water heating or treating equipment in a building or premises without first obtaining a fr permit from the plumbing inspector. (b) A separate permit shall be obtained for each structure. (c) Permits are required in order to make connections with the public sewers and will be issued only when the plumbing on the premises to be connected is in compliance with the provisions of this chapter. (d) No person shall allow any other person to do or cause to be done any work under a permit secured by a permittee except persons in his employ. (Ord. No. 77-2874, § 16, 12-20-77) Sec. 28.44. Work not requiring permit. No permit shall be required for the following repair work: The stopping of leaks in drains or soil, waste or vent pipes, and the clearing of stoppages in pipes, valves or fixtures. However, if it becomes necessary to remove, replace or re- arrange any part, it shall be considered new work which re- quires a permit. (Ord. No. 77-2874, § 17, 12-20-77) Supp. No. 1 1912 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 14010ES PLUMBING § 28-47 Sec. 28.45. Permittee. (a) Only a person holding a valid master plumber's license issued by the City of Iowa City, may obtain a permit to per- form work regulated by this chapter. (b) A permit may be issued to the owner of a single-family dwelling which is owner occupied and used exclusively for residential purposes to do any work regulated by this chapter in connection with the dwelling and accessory buildings. The owner must personally purchase all material and perform all labor in connection therewith. (Ord. No. 77-2874, § 18, 12-20-77) Sec. 28.46. Application for permit. On an application form provided by the city, the applicant shall describe the work proposed to be done, the location, ownership, occupancy and use of the premises. The plumbing inspector may require plans, specifications, drawings and such other information he/she deems necessary. If the plumbing inspector determines from the information furnished that the applicant is in compliance with this chapter, he/she shall issue the permit upon payment of the required fee. (Ord. No. 77-2874, § 19,12-20-77) Sec. 28.47. Time limitation on permit; issuance no waiver; display. (a) Time limitation. A permit shall expire if the work authorized is not commenced within 60 days after issuance or if the work authorized is suspended for a period of 120 days. Prior to resumption of the work, a new permit must be ob. tained. The renewal fee shall be one-half (1/.,) the original fee provided no changes were made in the plans and specifications and the suspension did not exceed one(1) year. (b) Issuance no waiver. The issuance of a permit shall not be construed as a waiver of any of the provisions of this chapter. It shall not prevent the plumbing inspector from Supp. No. 1 1913 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MDIBES § 28.47 IOWA CITY CODE r 1 requiring the correction of errors or from preventing construc- tion in violation of this chapter or from revoking any permit issued in error. (c) Display. The permit and the approved plans or specifi- cations shall be available at the location of the work permitted thereby at all times. (Ord. No. 77-2874, § 20, 12-20-77) Sec. 28.48. Cost of permit. An applicant shall pay the fee set forth by resolution. Any person who commences work prior to obtaining a permit shall be charged a double fee unless he/she demon- strates to the satisfaction of the building inspector that it was an emergency. (Ord. No. 77-2874, § 21, 12-20-77; Ord. No. 2883, § 4, 3-7-78) [The next page is 19671 Supp. No. I 1914 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOVIES /— SUBDIVISION REGULATIONS $ 3240 in accordance with the city specifications and that preliminary plans for the construction of such improvements have been submitted and that the owner has executed an agreement as a covenant running with the land that no building permit shall i be issued for any lot of such subdivision until such improvements, with the exception of sidewalks, shall be constructed for such lot or the owner shall have deposited in escrow with the city clerk an amount equal to the cost of such improvements plus ten (10) per cent thereof for the let, or (3) A surety bond with the city which will insure to the city that the improvements will be completed by the subdivider or property owner within two (2) yeas after official acceptance of the plat. The form and type of bond shall be approved by the city attorney and the amount of the bond shall not be less than the amount of the estimated cost of the improvements plus ten (10) per cent, anti the amount of the estimate must be approved by the city manager. If the improvements are not com- pleted within the specified time, the council may use the bond or ,my necessary portion thereof to complete the same, or, if option (2) or this option (3) is chosen, the final plat shall state that the developer, its grantees, assignees, and successors in interest agree that public services including, but not limited to, street maintenance, snow, and ice removal, rubbish, refuse and garbage collection, will not be extended to such subdivision until the pave- ment is completed and accepted by the city. (4) The above alternatives shall be exclusive and no subdivision shall be approved unless one of the foregoing alternatives has been approved and no subdivision shall be approved in which the develop- er proposes to request that the City of Iowa City, Iowa, construct such improvement, pursuant to a special assessment program, except for the pro - Supp. No. 1 I 2209 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOInEs § 32-40 IOWA CITY CODE , visions of subparagraph (g) of this section as to streets abutting the subdivision which may be done by assessment method. However, this provision shall not apply to any not-for-profit corporation or association which subdivides a tract of land for the purpose of encouraging economic development of the tract. In such instances, upon the petition of developer and upon approval of the developer's plans for development of said tract by the city council, any improvements required by this chap- ter may be constructed by the city pursuant to a special assessment program. (Code 1966, § 9.60.411 (4) ; Ord. No. 78-2886, § II, 3-14-78) See. 32-41. Fees. The following fees shall be submitted with final plats: (1) Final, minor and major plats, forty dollars ($40.00). (2) Where combinations of a final plat, planned area de- velopment, and/or large scale residential development l are filed as one plat, sixty dollars ($60.00). (Code 1966, § 9.50.41)(5); Ord. No. 74-2715, § 11, 4-16-74) Sec. 3242. Review; approval or rejection. (a) Immediately upon the filing of the final plats as set out in this division, the clerk shall submit three (3) copies of the final plat and the application to the city manager and three (3) copies to the planning commission. (b) The city manager shall cause the plat and application to be examined in order to insure compliance with the require - merits of this chapter. Upon completion of his examination, the city manager shall file a written report of his findings and his recommendation with the commission. (c) The commission shall study the final plat and review the application of the owner, and also review the reports of the city manager and shall approve or reject the plat within Supp. No. 1 2210 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES M0117Es SUBDIVISION REGULATIONS § 32-42 forty-five (45) days after the submission thereof to the clerk by filing their recommendation with the clerk, the same to be by resolution. If the commission does not act within forty- five (45) days, the final plat shall be deemed to be approved by the commission; provided, however, that, the subdivider may agree to an extension of time. (d) The council shall, after receipt of the recommendation of the commission, or after the time or any extension thereof as passed for the commission to file their recommendation, approve or reject such final plat, the same to be by resolution. (Code 1966, § 9.50.4E) Supp. No. 1 2210.1 MICROFIL14ED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES 1: - UTILITIES § 33-42 any privy vault, nor shall drainage, from any stable or other building discharge into a manure pit. Every manure pit shall be kept dry. (Code 1966, § 4.16.9) Secs. 33-34-33-40. Reserved. DIVISION 3. RATES AND CHARGES Sec. 33-41. Tap charges. All taps to sanitary sewer facilities shall be of a size ap- proved by the department of public works and may be made by the department of public works upon application of the owner or his authorized agent. The department of public works shall charge a uniform fee for the making of all taps, such fee to be based on labor, material, and overhead ex- penses. (Code 1966, §§ 9.66.1, 9.66.2) Sec. 33-42. Rates. (a) Generally. All persons whose premises are located with- in the corporate limits of the city and are connected or may be hereafter connected to the sanitary sewer system of the City shall pay to the city at the same time payment for city water service is made an additional sum of twenty-seven cents ($0.27) per one hundred (100) cubic feet of water consumed. (b) Premises located outside city. All persons not located within the corporate limits of the city, whose premises are connected, or may be connected, to the sanitary sewer system of the city, shall be charged for such service at a rate equal to a sum of fifty-four cents ($0,64) per one hundred (100) cubic feet of water consumed. (c) Premises discharging sewage with excessive B.O.D. demand. All persons who are or may hereafter be connected to the sanitary sewer system of the city and whose sewage, using the standard engineering tests, shall have a biochemical oxygen demand in excess of four hundred (400) p.p.m., •shall be charged at a higher rate sufficient to cover the increased cost of the treatment thereby necessitated. All such rates shall be determined by resolution of the city council. Supp. No. 1 2271 MICROFILMED BY JORM MICROLAB CEDAR RAP10S•DES 110pIES § 33-42 IOWA CITY CODE r�, (d) Water not discharged into system. If any user of water consumes water for any purpose which does not cause dis- charge into the sanitary sewer system, and if, as established by a separate water meter installed and maintained by such user, the consumption of such water can be determined, no charge shall be made on the basis of water so supplied. (e) Water discharged into system from private source; If any persons, corporations, political subdivision and organiza- tions, governmental subdivision and units, discharge water into the Iowa City sanitary sewer system from private wells or sources other than the City of Iowa City water system, the following conditions shall apply: (1) A water meter shall be installed by the City of Iowa City in the piping system of the private water source. The cost of plumbing modification and cost of meter installation shall be borne by the well owner. The meter will be owned by the City of Iowa City. (2) The well owner shall pay a monthly fee for mainte- nance of the meter. This monthly maintenance fee shall l be payable on a six-month or twelve-month basis as ._ desired by the well owner. The monthly charge for meter maintenance shall be determined by resolution. (3) This subsection shall not apply in any instances wherein state agencies or institutions have entered into an agreement with the City of Iowa City concerning serv- ice charges for the discharge of water into the Iowa City sanitary sewer system. (Ord. No. 75-2774, § I, 7-22-75; Ord. No. 78-2911, § 2, 7-25-78) Sec. 33-43. Measured by water usage. The service rate shall be applied to the quantity of waste used and discharged into the sewage system of said city as determined by the water meter readings of the department of public works of Iowa City, Iowa. If it is determined that it is infeasible to meter private water supplies, an estimate of the quantity of water discharged into the sewer system Supp. No. I 2272 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES UTILITIES 5 33.44 i from private water supplies shall be determined by the di- rector of public works. The feasibility of metering private sources of water shall be determined by the director of ipublic works. Any person aggrieved by the determination of the director of public works may appeal said determination to the city manager or his/her designee pursuant to the Iowa City Ad- ministrative Procedure Code. (Ord. No. 75-2774, § I1, 7-22-75; Ord. No. 78-2911, § 3, 7-25-78) Sec. 33-44. Billing; collection. (a) The sewer rate and charge will be shown and desig- nated on each water bill. (b) Bills for the sewage disposal system service shall be rendered due and payable at the department of finance of the Supp. No. 1 2272.1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES UTILITIES § 33-57 Storm water storage area. An area designated to temporarily accumulate excess storm water. Tributary watershed. The entire catchment area that con- tributes storm water runoff to a given point. Wet bottom stone water storage area. A facility that con- tains a body of water and which accumulates excess storm water during periods when the restricted storm water runoff release rate is less than the storm water inflow rate. (Ord. No. 76-2807, § 11 (A)—(M), (0), 9-7-76) Cross referenceRulesof construction and definitions generally, § I Sec. 33-55. Purpose. (a) It is the purpose of this division to establish maximum rates for the discharge of storm waters into the various water- courses of the city for the purpose of promoting the health, safety and general welfare of the population by minimizing F or eliminating dangers of flooding to life and property. (b) It is further the intent of this division that runoff control devices be provided as areas of land are developed or redeveloped for urban use. It is not the intent of this divi- sion to utilize areas for the sole purpose of storing or detain- ing excess storm water, but to permit such areas to be used for other compatible urban uses as well. (Ord. No. 76-2807, § I, 9-7-76) Sec. 33-56. Scope of division. This division shall apply to any residential development comprising a gross aggregate area of two (2) acres or more or to any commercial, industrial, institutional, governmental, utility or other development or redevelopment comprising a gross aggregate area of one acre or more. The gross aggre- gate shall include streets and other dedicated lands. (Ord. No. 76-2867, § VI, 9-7-76) Sec. 33-57. Regulations. (a) The department of public works of the city shall develop and establish written policies, procedures, criteria and regula- Supp. No. I 2275 i FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•Dr.S nolnEs § 33-57 IOWA CITY CODE., tions concerning the inspection, determination and approval of the standards for the construction and/or development of storm water management structures. (b) Such rules and regulations shall be adopted by resolu- tion by the city council. (Ord. No. 76-2807, § III, 9-7-76) Cross reference Rules of construction and definitions generally, § 1-2. Sec. 33-58. Prerequisites to construction of control structures or water detention facilities. (a) Immediately after preliminary plat approval, prelimi- nary PAD, LSRD or LSNRD approval, or building permit ap- proval, whichever comes first, and in all cases before site work begins, the developer shall submit the following docu- ments to the public works director for approval: (1) Plans and proposed methods for the prevention and con. trol of soil erosion for the entire development. (2) Plans, specifications and all calculations for the con- trol of storm water runoff as required by this division and any rules and regulations promulgated by the di- rector. (b) The original developer shall be responsible for the implementation and performance of erosion control measures for the time span from the start of preliminary grading until sale of lots or land to a purchaser. After commencement of lot or land sales, the actual owner of any lot or land within a development shall be responsible for the prevention and control of soil erosion for that parcel of land. (c) No building permits for habitable structures shall be issued for any development or redevelopment not complying with this division. (d) Any decision of the director shall be pursuant to written specifications and regulations as adopted by the city council. (Ord. No. 76-2807, § IV, 9-7-76; Ord. No. 77-2865, § 2, 9.18.77) Sec. 33.59. Administrative review of director's decisions. (a) Any person affected by any decision of the director which has been given in connection with the enforcement of Supp. No. I 2276 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES M011IF5 UTILITIES § 33.59 any Provision of this division may request, and shall be grant- ed, a hearing on the matter before the board of appeals, in accordance the Iowa City Administrative Code (Chapter 2, Article IX of this Code of Ordinances). (Ord. No. 76-2807, § V, 9-7-76) ' Supp, No, 1 i I 2276.1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES Chapter 34 VEGETATION+ Art. I. In General, §§ 34.1-34.15 Art- IL Forestry, §§ 34.16-34.68 Div. 1. Generally, §§ 34-16-34-36 Div. 2. Arboricultural Specifications and Standards of Pro, tice, §§ 34-37-34.48 Div. 3. Permits for Work oa Public Property, §§ 54.49- 34-68 Art. III. Weed Control, §§ 34- 8991.78 ARTICLE I. IN GENERAL Secs- 34-1-34-15. Reserved. ARTICLE IL FORESTRY i DIVISION 1. GENERALLY ' Sec. 34-16. Definitions. For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein: Closing. A closing exists any time the movement of pedes- trian or vehicular traffic shall be stopped on a public way, for reason of public safety, as a result of any action covered by this article. Forester. The city forester. ParkiNg. That part of a street, avenue or highway in the city not covered by sidewalk and lying between the lot line and the curb line; or, on unpaved streets, that part of the street, avenue or highway lying between the lot lines and that por- tion of the street usually traveled by vehicular traffic. 'Cross references—Damaging plants in municipal (ted streets, cemetery prahib, § 9.9; garbage, trash and refuse, ch. 15; health and Parks and recreation, Ch, 25; stts, sidewalks and pusanitation, hib 16; blic places, h, 81. Supp. No. I 2351 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOPIEs § 34.16 IOWA CITY CODE property owner. A person owning private property in the city, as shown by the county auditor's plat of the city. Public Property. Any and all property located within the confines of the city and owned by the city or held in the name of the city by any of the departments, commissions or agencies within the city government. Trees and shrubs. All wood vegetation excep (K) e e of No- wise indicated. (Code 1966, § 3 2584)t-2. Cross reference—Rules of construction and definitions generally,a Sec. 34.17. Division established; composition. There is hereby established the division of forestry in and for the city. The division shall be comprised of the forester and all persons employed to work with him/her. (Code 1966, 3.38.2; Ord. No. 2584) Sec. 34.18. Forester. (a) office established. There is hereby established the of- fice of city forester. (b) Qualifications; appointment. The forester shall be a per- son qualified by training for this position. The forester shall be appointed by the city manager. (c) Authority. The forester shall have authority to perform and to regulate the planting, maintenance and removal of trees and shrubs on streets and other public property in order to ensure public safety and preserve the symmetry of public places. He/she shnll promote public information on tree plant- ing, maintennnee and removal. (d) Issuance of permits. The forester shall have authority to issue such permits as are required under this article and to affix reasonable conditions to the granting of a permit in accordance with the terms of this article. (e) supervision of work tinder permits. The forester shall have the authority and it shall be his/her duty to supervise Supp. No.1 2862 IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111[S VEGETATION § 34.57 workman performing thereunder shall strictly abide by the specifications and standards set out in division 2 of this article unless an exception or exceptions thereto are set forth in writing on the permit. (Code 1966, § 3.38.3(A) (2), (B) (2) ; Ord. No. 2584) Sec. 34-53. Expiration. Any permit granted under section 34-49 of this division shall contain a definite date of expiration. (Code 1966, § 3.38.3(A) (2), (B) (2) ; Ord. No. 2584) Sec. 34-54. Voidance for violation of terms. Any permit granted under section 3449 of this division may be declared void if its terms are violated. (Code 1966, § 3.38.3(A) (2), (B) (2) ; Ord. No. 2584) Sec. 34-55. Excavation and construction. No person other than the city or a person hired by the city shall excavate any ditches, tunnels or trenches or lay any drive within a radius of ten (10) feet from any public tree or shrub without first obtaining a written permit from the forester. (Code 1966, § 3.38.3(C); Ord. No. 2584) Sec. 34-56. Storage. No person shall deposit, place, store or maintain upon any street or other public property any stone, brick, sand, concrete or other material which may impede the free passage of water, air, and fertilizer to the roots of any trees or shrubs growing therein, except by written permission of the forester. (Code 1966, § 3.38.3(D) ; Ord. No, 2584) Sec. 34-57. Public utility installation. All permits issued for the installation of public utilities that affect public trees or shrubs shall be approved by the forester. A public utility may be issued a permit to treat, trim or remove any tree or shrub on any street or other public place. (Code 1966, § 3,38.3(E) ; Ord, No. 2584) Supp. No. 1 2365 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOPIES § 34-58 IOWA CITY CODE Secs. 34-58-34.68. Reserved. ARTICLE III. NEED CONTROL* Sec. 34-69. Short title. This article shall be known as and may be cited as the Weed Ordinance of the City of Iowa City, Iowa. (Ord. No. 78-2916, § 2, 8-22-78) Sec. 34-70. Definitions. For the purpose of this article the following terms, phrases, words and their derivations shall have the meanings given herein. The word "shall" is mandatory. (a) City: The City of Iowa City. (b) City manager: Manager of the City of Iowa City or his/ her designate. (c) Weed official. Perst:a designated by the city manager to enforce the Need Ordinance. (d) Parking: That part of the street, avenue, or highway in the city not covered by sidewalk and lying between the lot line and the curb line; on unpaved streets, that part of the street, avenue or highway lying between the lot lines and that portion of the street usually traveled by vehicular traffic. (e) Right-of-way: The entire width of a platted street or alley in use or undeveloped. (f) Ground cover: Plants with the growth and root capacity to cover and stabilize an area of soil and to prevent erosion •Editor's note—Ord. No. 78.2916, § 11, enacted Aug. 22, 1978, repealed Ord. No. 74.2723, §§ 2-9, enacted May 28, 1974, from which Art. III, Diva. 1 and 2, was derived. Sections 2-9 of Ord. No. 78.2916 contained provisions which the editors have codified as a new Art. III, §§ 34.69- 34.76. Formerly Art. III pertained to turf control as well as weed control. Supp. No. 1 2366 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES VEGETATION § 34-71 (g) Soil erosion control: A method of planting and culti- vation, or lack of same, designed to retain soil and to prevent soil movement caused by natural or man-made causes. (h) Natural area: An area allowed to retain native plant material in a natural prairie state. (1) Weeds: Weeds as used in this chapter shall mean any plants growing uncultivated and out of context with the surrounding plant life with a height of eighteen (18) inches or more or when such plant has a seed head forming or formed. (j) Noxious weeds: Primary and secondary classes of weeds as defined by the Code of Iowa, and all additions to this list as so declared by the secretary of agriculture, State of Iowa. (k) Unmowed or untended area: An area allowed to grow without care and supervision, where weeds and grasses are more than the allowed height. (1) Developed lot or area. An improved or commercial lot. (m) Undeveloped lot or area. An unimproved lot or area. (n) Fire marshal: The city fire marshal or his/her repre- sentative. (o) Conservation area: An area that is planted with ground cover plants of a size and texture compatible with the environ- ment and maintained accordingly. (p) Chemical control: The application of a herbicide (weed killer) in strict accordance with the directions on the product and the regulations of the Code of Iowa, Chapter 206 (the Pesticide Act), and all additions thereto may be adopted. (q) Enforcement period: The period between the fifteenth of June and the fifteenth of October. (Ord. No. 78.2916, 6 3, 8-22-78) Sec. 34.71. Authority for enforcement of article. The city manager or person designated by him/her shall be responsible for the enforcement of the Weed Ordinance Supp. No.1 2867 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DF.S 110juES § 34.71 IOWA CITY CODE and shall have all the necessary authority to carry out the enforcement of the Weed Ordinance. Said designee shall be known as the weed official. (Ord. No. 78-2916, § 4, 8.22-78) Sec. 34.72. Interference with weed official. No persons shall interfere with the weed official or any appointed assistant while engaged in the enforcement of this article. (Ord. No. 78-2916, § 6, 8.22-78) Sec. 34-73. Nuisances. Except as provided elsewhere in the chapter, the following provisions shall apply: (a) Each owner and each person in the possession or control of any land shall cut or otherwise destroy, in whatever manner prescribed by the weed official, all noxious weeds thereon and shall keep said lands free of such growth. (b) Each owner and each person in possession or control % of any developed or undeveloped lot shall be responsible \. to keep said lot along with the parking adjacent there- to, alleys, public ways or areas up to the center line of said ways free of any weeds and to keep grasses on said land mowed so that said grass is less than eighteen (18) inches in height. (c) Each owner and each person in the possession or control of any lands shall not allow any plant growth of any sort to remain in such a manner as to render the streets, alleys or public ways adjoining said land unsafe for public travel or in any manner so as to impede pedes- trians or vehicular traffic upon any public place or way. (d) Where waterways or watercourses are found upon any developed or undeveloped lot, the owner or person in possession or control shall keep the flat or level part of the bank of said waterway free of any weeds and grasses more than eighteen (18) inches in height. Supp, No. 1 2868 /- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIORIES VEGETATION F 34-74 Should such waterways or watercourses he found within the right-of-way of a street or alley, the adjacent prop. erty owner or person in possession 01- control shall be responsible to keep the flat or accessible portion of the creek bank free of any weeds and the grasses more than eighteen (18) inches in height. (e) No owner or person in possession or control of any developed or undeveloped lot shall allow plant growth or the accumulation of plant materials on such lot to remain in such a state so as to constitute a fire hazard. In no instance shall cut plant material accumulations he located within one hundred fifty (150) feet of a build- ing, structure, recreation area (not including the width of any intervening street) or within one hundred twenty-five (125) feet of a street right-of-way. (Ord. No. 78-2916, § 6, 8-22-78) _ Sec. 34.74. Natural areas. (a) Designation. The weed official, upon application of the owner or person in possession or control of any lot, may desig- nate such lot or portion thereof or any adjacent undeveloped public way as a natural or conservation area. Prior to desig- nating such area, the weed official shall consider the following factors: Grade or incline of said tract, the difficulty to control or maintain such tract, whether said tract is being maintained as either a soil erosion control area or a conservation area. Any person affected by the designation or lack thereof may appeal said determination to the city manager pursuant to the procedures as set forth in the Administrative Procedures Ordinance (Ordinance No. 77-2851). [Chapter 2, Article IX of this Code.] (b) Natural or conservation areas. Natural or conservation areas need not be mowed and shall be left in their natural state, except that all noxious weeds shall be removed or controlled. (c) Public quays. Sidewalks or other public ways that lie adjacent to or extend through a natural or conservation area Supp. No. 1 2369 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOPIES § 34.74 IOWA CITY CODE / must be open and free from any obstructions to pedestrians or vehicular traffic. (d) Newly developed areas. In areas of development (as opposed to established neighborhoods) the area qualifies as a natural area until more than sixty (60) per cent of the sub- division is developed or seventy-five (75) per cent of a linear block is occupied. (Ord. No. 78-2916, § 7, 8-22-78) Sec. 34.75. Enforcement period; notice of violation. During the period between the fifteenth of June and the fifteenth of October it shall be the duty of the weed official to inspect all areas of complaint and notify the last known owner or person in possession or control of the area of vio- lations of this article. Said notice shall be by certified mail and shall allow ten (10) days after mailing of said notice as a period of time to eliminate said violations. Return receipt with signature is not required for said notice. Upon failure of the owner or person in possession or control to act within the w ,, prescribed time period, the weed official may, in addition to other remedies allowed by law, file criminal charges against such individual. (Ord. No. 2916, § 8, 8-22-78) Sec. 34-76. Emergency control measures. Notwithstanding any other provisions of this article, when- ever in the judgment of the weed official or the fire marshal an emergency exists creating a health, safety or fire hazard which may require weed or grass control without prior notice, control measures shall be taken and costs assessed against the property for collection in the same manner as property tax. However, prior to such assessment, the city shall give the property owner notice by certified mail and an opportunity for a hearing before the city council. (Ord. No. 78-2916, § 9, 8-22-78) [The next page Is 24191 Supp. No. 1 2370 1 `i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101n[s Chapter 35 VEHICLES FOR HIRE* Art. 1. In General, H 35.1-35.15 Art. U. Taxicabs, H 35-16-35.42 Div. 1. Generally, §§ 35-16-35-33 Div. 2. Certificates of Public Convenience and Necessity, §¢ 35-34-35-42 ARTICLE I. IN GENERAL Secs. 35.1-35-15. Reserved. ARTICLE II. TAXICABS DIVISION 1. GENERALLY Sec. 35-16. Definitions. The following words and phrases, when used in this article, shall have the meanings as set out herein: i Certificate means a certificate of public convenience and necessity issued by the city council, authorizing the holder thereof to conduct a taxicab business in the city. City manager means the city manager or his/her desig- nate. Holder means a person to whom a certificate of public con- venience and necessity has been issued. Manifest means a daily record prepared by a taxicab driver of all trips made by such driver showing the place of origin, destination, number of passengers, and the amount of fare of each trip. 'Cross references—Placing handbills in vehicles, § 3-20; throwing litter from vehicles, § 15-82; motor vehicles and traffic, Ch. 23; designa- tion of public carrier stops and stands, § 23.290; parking of buses and taxicabs regulated, § 23-291; use of bus and taxicab stands restricted, § 23.292. State law reference—Authority to license and regulate operation of vehicles offered to public for hire, I.C.A. § 321.236(7). Supp. No. 1 1 2919 FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 140111ES § 35-10 IOWA CITY CODE Rate card means a card issued by the city manager for dis- Ph1y in each taxicab which contains the rates of fare then in force. Street shall mean any street, alley, court, lane, bridge or Public place within the city. Taxicab shall include all vehicles furnished with a driver and carrying passengers for hire for which public patronage is solicited within the City of Iowa City, Iowa. Automobiles used exclusively for hotel business shall not be considered as taxicabs within the meaning of this paragraph, nor shall vehicles commonly known as "rent -a -car," for which a driver is not furnished, be considered as taxicabs, nor shall buses operating over a fixed route in the city be considered as taxi. cabs within the meaning of this paragraph. Charter trans. portation provided with or without drivers on a contract or lease basis with an organization or Person (a) for a pre- arranged fee shall not be considered as taxicabs within the meaning of this paragraph. In addition, vehicles owned or operated by state or local government entities which provide transportation to the public shall not be considered taxicabs. (Code 1966, § 5.16.1; Ord. No. 77-2844, § II, 7-5-77; Ord. No. 77-2866, § 104-77) Cross reference_nules of construction and definitions generally, § 1.2, Sec. 35-17. Name of company to be painted on vehicle; size and location of lettering. Each taxicab licensed pursuant to division 2 of this article shall have the name of the owner or the operating company thereof painted plainly in letters at least two (2) inches in height in the center of the main panel of one door on each side Of the taxicab. (Code 1966, § 5.16.9; Ord. No. 77-2844, § II, 7-5-77) Sec. 35-18. Distinctive color scheme required Each taxicab that shall be licensed pursuant to division 2 of this article and used upon the streets of the city Shall be Supp. No. 1 2420 iI1CROFILMEO BY JORM MICROLAB CEVR RAPIDS -DES IIOInES VEHICLES FOR HIRE § 36.18 finished in a distinctive color, either in whole or in part, so that it may be readily and easily distinguished from other vehicles as a taxicab, which color scheme shall and must at all times meet with the approval and requirements of the city council. (Cade 1966, § 5.16.10; Ord. No. 77-2844, § II, 7-5-77) 7!� f SuPPR No. 1 2420.1 i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 140114Es /--1 VEHICLES FOR HIRE § 35-37 (6) The color scheme or insignia to be used to designate the vehicle or vehicles of the applicant. (7) Such further pertinent information as the city council may require. (Code 1966, § 5.16.3; Ord. No. 77-2844, § II, 7-5-77) Sec. 35.36. Public hearing re issuance (a) No certificate required by this division shall be granted or issued to operate a taxicab unless and until the city council, after a public hearing held before it, shall by resolution de- clare that the public convenience and necessity require the Proposed taxicab service for which application for a license to operate such taxicab is made. (b) The hearing required by paragraph (a) of this section shall be had only after thirty (30) days written notice of the hearing is served upon all persons holding taxicab licenses, and �.., after a notice addressed to the public and signed by the city clerk shall have been published pursuant to state law, in- forming the public that the application is pending. The service and publication of the notice shall be at the expense of the applicant. However, in instances where certificate holders cease operations as a taxicab service and where the city has had less than thirty (30) days notice by the certificate holder of the cessation, the notice as detailed herein of such public hearing may be five (5) days. (Code 1966, § 5.16.4; Ord. No. 77-2844, § II, 7-5-77; Ord. No. 77-2852, § 2, 8-9-77) Sec. 35.37. Liability insurance prerequisite to issuance (a) As a condition to granting a certificate required by this division the person seeking such certificate shall file, in the office of the city clerk, a motor vehicle operator's liability insurance policy, executed by a company authorized to do insurance business in the state, in a form approved by the city manager. The minimum limits of such policy shall be as set forth by city council resolution. Each policy shall contain the following endorsement: Supp. No. I 2425 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES IIOIRES § 35-37 IOWA CITY CODE "It is understood and agreed that before the insurance policy to which this endorsement is attached may be suspended or cancelled the City of Iowa City, Iowa, will be given ten (10) days prior written notice of such proposed suspen- sion or cancellation. It is further understood and agreed that the obligation of this policy shall not be affected by any act or omission of the named assured, or any employee or agent of the named insured, with respect to any condition or requirement attached thereto, nor by any default of the assured in payment of the premium, nor in the giving of any notice required by said policy, or otherwise, nor by the death, insolvency, bankruptcy, legal incapacity, or inability of the assured." (b) The failure of any certificate holder to maintain such policy in full force and effect throughout the life of the cer- tificate shall constitute revocation of the certificate. (Code 1966, § 6.16,5; Ord. No. 77-2844, § II, 7-5-77) Sec. 35.38. Mechanical inspection prerequisite to Issuance. Each applicant for a certificate of necessity required by this division or a renewal of such certificate shall submit with his/her application proof that all motor vehicles used as taxi- cabs conform to the requirements of mechanical fitness as set forth in the Code of Iowa. Such proof shall consist of offi- cial certificates of inspection issued pursuant to state law. (Code 1966, § 5.16.12; Ord. No. 77-2844, § II, 7-5-77) Sec. 35-39. Fees; proration. (a) No certificate shall be issued or continued in operation unless the holder thereof has paid a fee as set by city council resolution. (b) In cases where certificates are issued on or after the first day of September in each year, one-half (1h) only of the fees, established as provided in paragraph (a) of this section, shall be paid. (Code 1966, § 5.16.6(b), (c); Ord. No. 77-2844, § I1, 7.5-77; Ord. No. 78-2879, § 2(b), (c), 2.21.78) Supp. No. 1 2426 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES L VEHICLES FOR HIRE § 35-42 (3) Reversal of the original decision by reinstating or ordering the renewal or issuance of the certificate. (Code 1966, § 5.16.7; Ord. No. 77-2844, § II, 7-5-77) Sec. 35.42. Term; renewal. Certificates shall be valid beginning on the first day of March of each year and shall expire on the last day of the February next following. Renewal of a certificate shall follow the same procedure as set for issuance of an initial certificate. (Code 1966, § 5.16.6(a); Ord. No. 77-2844, § II, 7-5-77; Ord. No. 78-2879, § 2(a), 2-21-78) Sapp. No. 1 2429 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES [The next page Is 24791 APPENDIX A ZONING* 8.10.1 Purpose. The purpose of this Chapter shall be to promote the public health, safety, morals, order, convenience, prosperity and general welfare; to conserve and protect the value of property throughout the City and to encourage the most appropriate use of land; to lessen congestion in the streets; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of trans- portation, water, sewage, schools, parks, and other public re- quirements. 8.10.2 Name. This Chapter shall be known and may be cited and referred to as "The City of Iowa City, Iowa, Zoning Chapter." F° 8.10.3 Definitions. A. The following definitions shall apply. 1. Accessory building. A separate building devoted to an accessory use, or part of the main building devoted to an accessory use. 2. Accessory use. A use subordinate to and incidental to the primary use of the main building or the primary use of the premises. i � *Editor's note—Appendix A seta out the zoning ordinance of the city, chapters 8.10, derived from Ordinance No. 2238, and 8.11, as added by Ordinance No. 77.2832, of the 1966 I&nicipal Code. The ordinance is set out as codified in the 1966 Code, hence the prefix "8" to each section number. Amendments have been worked In and are indicated by history notes in parentheses following amended sections. The absence of such a note indicates that the section is derived unchanged from the originpl Ordinance No. 2238. Material enclosed in brackets has been added where necessary for purposes of clarification except that obviously misspelled words have been corrected without notation. Cross references—Planning, Ch. 27; streets, sidewalks and public places, Ch. 31; subdivision regulations, Ch. 32; utilities, Ch. -33. Stale law reference—Municipal zoning, I.C.A. § 414.1 et seq. Supp. No. l 2479 MCROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111ES § 8.10.3 IOWA CITY CODEi 2a. Aged. Any person who is eligible because of age to receive old age benefits under Title II of the Social Security Act. (Ord. No. 78-2920, § 2, 9-12-78) 3. Alley. A public thoroughfare which affords only a secondary means of access to abutting property. 4. Apartment. A living unit in a multiple dwelling. 6. Apartment house. See Dwelling, Multiple. 6. Basement. A story having part, but not more than one- half (1/•.) of its height below the established grade. A basement is counted as a story for the purpose of height regulations if subdivided and used for business or dwell- ing purposes other than by a janitor employed on the premises. 7. Board. The Board of Adjustment established by this Chapter. 8. Boarding house. See Lodging ;louse. 9. Build. To construct, assemble, erect, convert, enlarge, reconstruct, or structurally alter a building or struc- ture. 10. Buildable ividth. The width of lot left to be built upon after the side yards are provided. 11. Building. Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels, or property. 12. Building alteration. Any change in the supporting mem- bers of a building such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls. 13. Building heights. The vertical distance from the grade to the highest point of the coping of a flat roof or the deck line of a mansard roof, or to the average height between eaves and ridge for gable, hip, and gambrel roofs. 14. Building inspector. The official designated by the City Manager to enforce this chapter. Supp. No. t 2480 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES Mouses r, APPENDIX A—ZONING § 8.10.3 15. Cellar. A story having more than one-half of its height below grade. A cellar is not counted as a story for the purpose of height regulations. 16. City. The City of Iowa.City, Iowa. 17. Centerline. A line halfway between the lines of the area under consideration. 18. City manager. The Chief City Administrator. 19. Clinic. An establishment occupied by one or more mem- bers of a healing profession. 20. Commission. The Planning and Zoning Commission of Iowa City, Iowa. 20a. Conversion. Any change in a principal use to another principal use. (Ord. No. 75-2788, § II(I), 11-25-75) 21. Council. The City Council of Iowa City, Iowa. 21a. Developmentally disabled. Any person who has a dis- ability attributable to mental retardation, cerebral palsy, epilepsy, autism or another similar neurological con- dition, which disability originates before such individ- ual attains age eighteen (18), and which constitutes a substantial impairment expected to be long -continued and (of] indefinite duration. (Ord. No. 78-2920, § 2, 9-12-78) 22. District. A section or sections of the City of Iowa City, Iowa, included within the valley, residential, commercial or industrial districts. 23. Dwelling. A building or portion thereof which is desig- nated or used for a residential purpose. 24. Dwelling-nniltiple. A dwelling that contains more than two separate living units. 25. Dwelling -single family. A dwelling that contains only one living unit, 26. Dlvrlling-too family. A dwelling that contains two separate living units. Supp. No. I 2481 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -OLS h1oplEs § 8.10.3 IOWA CITY CODE �'""'• 26a. Elderly housing. A residential building(s) containing one or more dwelling units especially designed for use and occupancy of any person, married or single, who is eligible to receive old age benefits under Title 1I of the Social Security Act; handicapped within the meaning of Section 202 of the Housing Act of 1959, Section 102(5) of the Development Disabilities Services and Facilities Construction Amendments of 1970 or Section 223 of the Social Security Act; or displaced by governmental ac- tion or natural disaster. (Ord. No. 78-2887, § II, 4-4-78) 27. Enlargement. Increasing the cubicle contents of a building. 28. Family. One person or two or more persons related by blood, marriage, or adoption occupying a living unit as an individual housekeeping organization. A family may also be two, but not more than two persons not related by blood, marriage, or adoption. 28a. Family care facility. A governmentally licensed or ap- proved facility which provides resident services in a w , dwelling unit to six (6) or fewer individuals who are not related to the family household. These individuals are developmentally disabled or aged, in need of adult supervision and are provided service and such super- vision in accordance with their individual needs. (Ord. No. 78-2920, § 2, 9-12-78) 29. Farm. An area which is used for the growing of the usual farm products such as vegetables, fruits and grain and their storing on the area, as well as for the raising thereon of the usual farm poultry and farm ani- mals. The term "farming" includes the operation of such area for one or more of the above uses with the neces- sary accessory uses for treating or storing the food produce, provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities and such accessory uses do not include the feeding of garbage or offal to swine or other animals. Supp. No. 1 2482 MICROFILMED BY JORM MICROLAB CUM RAPIDS•DF.S MOIflES APPENDIX A—ZONING § 8.10.3 30. Filling .station. Any building or premises used for the dispensing, sale, or offering for sale at retail any motor vehicle, fuel or oil. When the dispensing, sale, or offer- ing for sale is incidental to the conduct of a public garage, the premises are classified As a public garage. 31. Floor arra. The square feet of the floor space within the outside line of walls, including the total of all space on all floors of a building. It does not include porches, garages, or the space in the basement or cellar which is used for storage or incidental uses. 32. Fraternity Or sorority house. A building used for resi- dence purposes by a club, fraternity, sorority or so- ciety of students of the State University of Iowa. 33. Frontage. The distance along a street line from one in- tersecting street to another, or from one intersecting street to the end of a dead and street. 39. Garat/e-private. An accessory building housing motor. driven vehicles owned and used by the occupants of the main building, provided that not more than one (1) of the vehicles may be a commercial vehicle of not more than three (3) ton pay load capacity. 36. Garage -public. Any building or premises used for equip_ Ping, repairing, hiring, selling or storing motor -driven vehicles, and at which automobile fuels, oils, tires, and supplies may be sold. 36. Garage -storage. An accessory building storing motor - driven vehicles which are owned and used by persons other than occupants of the main building, provided that Supp. No. I 2982.1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES Moues APPENDIX A—ZONING § 6.10.4 (Ord. No. 74-2718, § II (A), 4-30-74; Ord. No. 74-2720, § Il (A), 5-7-74; Ord. No. 74-2729, § I(A), 8-6-74; Ord. No. 74-2736, § II(A), 10-15-74) B. The boundaries of the districts and zones are shown upon a map which is entitled "Zoning Map of the City of Iowa City," which was adopted on the 9th day of June, 1962, by resolu- tion of the City Council of Iowa City, Iowa, following a public hearing thereon, notice of which was properly given according to the laws of Iowa, which map is hereby made a part of and incorporated into this Chapter, with all explanatory matters therein, and is appended to this Chapter. The original map is on file with the City Clerk of Iowa City, Iowa. C. Whenever any street, alley or other public way is va- cated by official action of the Council, the Zone adjoining each side of such alley, street, or public way shall be auto- matically extended to the center of such vacation and all area included therein shall thenceforth be subject to all appropri- ate regulations of the extended zone. D. In order to provide sufficient time to complete the comprehensive plan and enact a new zoning ordinance, con- struction in the area hereinafter described shall be limited to the following: I. The erection and enlargement of single-family dwell- ings and accessory buildings thereto; 2. The conversion of single-family dwellings to duplexes and the conversion of a commercial use to another per- mitted commercial use; 8. The repair and remodelling, but not enlargement, of existing structures, so long as the existing use is not changed, except as provided in subsection (D) (2) above. However, a duplex or multiple -family building may not be remodelled to create additional dwelling unite. i The area affected by this interim ordinance is described as follows: Supp. No. I 2491 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES § 8.10.4 IOWA CITY CODE Beginning at the center of the intersection of Dubuque and Brown proceeding southerly along the center line of Dubuque to the intersection with Jefferson, then proceeding easterly along the center line of Jefferson to the intersec- tion with Governor, then proceeding northerly along the center line of Governor to the intersection with Dodge, then proceeding southerly along the center line of Dodge to the intersection with Brown, and then westerly along the center line of Brown to the point of beginning. The present CH zone beginning at the intersection of North Dodge Street and Prairie du Chien Road; then north to St. John's Alley, then in a northeasterly direction to St. Matthias Alley, then southerly along St. Matthias Alley ap- proximately fifty (50) feet, thence northeasterly to North Dubuque Road, then southerly to the intersection of North Dubuque and Conklin Street;. extended then southwesterly to Summit Street; thence Summit Street north to the point of beginning. (Ord. No. 77-2868, § 2,11-1-77; Ord. No. 78- 2877, § 2,2-14-78) (-- 8.10.5 General effect of this chapter except as hereinafter provided. A. The use of premises and buildings in the City shall be in accordance with the minimum standards hereinafter estab- lished. B. No building or structure shall be erected, converted, en- larged, reconstructed or structurally altered to exceed the height limit herein established for the zone in which the building is located. C. No building shall be erected, converted, enlarged, recon- structed, or structurally altered except in conformity with the area regulations for the zone in which the building is located or as otherwise provided in this Chapter. (Ord. No. 75-2788, § II(H), 11-25-75) D. No building shall be erected, converted, enlarged, recon- structed, or structurally altered except in conformity with the yard regulations for the zone in which the building is Supp. No. 1 2492 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DE, 11011JEs APPENDIX A—ZONING § 8.10.6 located or as otherwise provided in this Chapter. (Ord. No. 75-2788, § II(II), 11-25-75) E. No building shall be erected, converted, enlarged, recon- structed, or structurally altered except in conformity with the parking space regulations for the zone in which the build- ing is located. F. The yards, parking spaces, or lot area required for one main building under this Chapter cannot be used to meet the requirements for another main building, nor can the size of a lot be reduced below the requirements of this Chapter. G. Every building hereafter erected or structurally altered shall be located on a lot as herein defined, and there shall not be more than one main building on one lot unless otherwise provided in this Chapter. 8.10.6 Valley channel and valley plain zone use regulations. r^ A. Premises in the Valley Channel Zone shall not be filled with any material nor shall any structure be built that will / cause an obstruction to the conveyance of a flow of 25,000 cubic feet per second (c,f.s.) in the Iowa River measured at E the Iowa City Gauging Station. B. Premises in the Valley Channel Zone shall be used for the following purposes only: 1. Farms, truck gardens and nurseries, provided that no farm shall be operated publicly or privately for the feed- ing or disposal of garbage, rubbish, or offal. 2. Parks, playgrounds, golf courses, and commercial or private recreational areas. 8. Preserves and reservations. 4. Other similar open spaces. C. The Valley Plain Zone shall include premises which are subject to inundation at or below an elevation that is one foot lower.than the elevation for a particular area as shown on the zoning map of Iowa City, Iowa, said inundation being due to a Supp. No. 1 i 2492.1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101tIrs APPENDIX A—ZONING § 8.10.9 7. Family care facilities. B. Premises in the RIB Residence Zone may be used for the same purposes as in the RIA Residence Zone. (Ord. No. 78-2920, § 2, 9-12-78) 8.10.8 R2 Zone use regulations. The premises in the R2 Residence Zone may be used for the following purposes only: 1. The uses set forth in 8.10.7. 2. Two-family dwellings, provided, however, that no more than three persons not members of the family may room in each living unit provided that off-street parking is Provided. 3. Occupancy of a dwelling by not to exceed three per- sons not members of the family residing in said dwell- ! ing and provided that off-street parking is provided. 8.10.8.1 R3 Zone use regulations. The premises located in the R3 Multi -family Resident Zone shall be used for the following purposes only: A. The uses set forth in 8.10.7. B. The uses set forth in 8.10.8. C. Multiple dwelling. A Fraternity and sorority houses. E. Lodging houses and boarding houses. F. Hospitals and institutions except animal, criminal or mental hospitals. G. Clinics except animal clinics. H. Nursing and custodial homes. 8.10.9 113A Zone use regulations. The premises located in the R3A Multi -family Residence Zone shall be used for the following purposes only: A. The uses set forth in 8.10.7. Supp. No. 1 2996 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES § 8.10.0 IOWA CITY CODE B. The uses set forth in 8.10.8. C. The uses set forth in 8.10.8.1. 8.10.10 R3B Zone use regulations. A. The uses set forth in 8.10.7. B. The uses set forth in 8.10.8. C. The uses set forth in 8.10.8.1. D. The uses set forth in 8.10.9. E. Apartment hotels. F. Office buildings. 8.10.11 C1 Zone use regulations. I A. The uses set forth in 8.10.7. B. The uses set forth in 8.10.8. C. The uses set forth in 8.10.8.1. D. The uses set forth in 8.10.9. E. The uses set forth in 8.10.10. F. Bakery goods shop, G. Bank. H. Barber shop or beauty parlor. i I I. Book or stationery store. I Commercial parking lots. I K. Confectionery store. L. Custom dressmaking or millinery store. M. Drug store. i N. Dry goods or notions store. 0. Florist or gift shop. P. Grocery, fruit or vegetable store. Supp. No.] 2996 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIRES APPENDIX A—ZONING § 8.10:11.1' Q. Hardware or electric appliance store. R. Jewelry store. S. Laundromat --coin operated. T. Meat market or delicatessen store. U. Photographer. V. Shoe store. W. Store for collection and distribution of laundry and dry cleaning articles, but not for the treatment, cleaning or processing of such articles. X. Custom tailor shop, clothing or wearing apparel shop. Y. Other uses similar to the above, but not including a restaurant, tea room, or cafe or similar establishment where food is prepared for the serving of meals to customers, and subject to the approval of the Council after receiving a report of the Commission. 8.10.11.1 CO Zone use regulations. Premises in the CO Commercial Office Zone shall be used for the following purposes only: L Office buildings in which no activity is carried on cater. ing to retail trade with the general public and no stock of goods is maintained for sale to customers, except as otherwise provided. Office uses permitted shall include the following: (a) Professional services. (b) Finance, insurance, and real estate services, ex- cluding drive-in facilities. (c) Central or administrative offices. (d) Business and management consulting services. (e) Consumer and mercantile credit reporting services; adjustment and collection services. (f) Employment services. Supp. No. 1 2937 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111[5 § 6.10.11.1 IOWA CITY CODE (g) Research and testing services. (h) Welfare and charitable services. (i) Detective and protective services. 2. Religious activities. 3. Drug store, limited to the sale of drugs and pharma- ceutical products. 4. Corrective optical and prosthetics supply store. (Ord. No. 74-2736, § II(C), 10-15-74) 8.10.12 CH Zone use regulations Premises in the CH Highway Commercial Zone shall be used for the following purposes only: A. The uses set forth in 8.10.7. B. The uses set forth in 8.10.8. i C. The uses set forth in 8.10.8.1. D. The uses set forth in 8.10.9. E. The uses set forth in 8.10.10. F. The uses set forth in 8.10.11. G. Creameries. H. Motels and hotels. I. Restaurants, tearooms, cafes, taverns and similar es- tablishments. J. Sale of any goods and products at retail, including filling stations. K. Adult businesses, such as massage parlors and establish- ments which feature nude dancers or models. Such es-tablishments may not be located within five hundred (600) feet of a tavern or similar establishment or another adult business. (Ord. No. 78-2924, § 2, 10.3-78) Supp. No. 1 2498 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110IRCS \ APPENDIX A—ZONING § 8.10.13 8.10.13 C2 Zone use regulations. Premises in the C2 Commercial Zone shall be used for the following purposes only: A. The uses set forth in 8.10.7. 13. The uses set forth in 8.10.8. iI i i i i 7 F i Supp. No. I 2498.1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIRES ' APPENDIX A—ZONING § 8.10.18 Octave Band In CB, M1 and Cycles Per Second ORP Zones M2 Zone 2400-4800 34 Decibels 43 Decibels Above --4800 32 " 40 " Such sound levels shall be measured with a sound level meter and nn octave band analyzer conforming with specifications of the American Standards Association. (Ord. No. 74-2720, § II(E), 5-7-74) C. Smoke. The emission of smoke by any use permitted shall be controlled so as to be less dark in shade than that designed [designated] as No. S on the Ringelmann Chart, published and used :,y the United States Bureau of Mines; provided, however, that smoke of a density equal to that designated as No. 2 on the Ringelmann Chart may be permitted for not more than eight min- utes during any thirty minute period and smoke of a E density not exceeding that designated as No. 3 on the Ringelmann Chart may be permitted for not more than three minutes during any thirty minute period while 9 ` starting or cleaning a fire. D. Dust and other particulate matter. For any use per- mitted, emission of dust, fly ash and other particulate matter shall not exceed 0.85 pounds per 1000 pounds of flue gas, measured at a convenient point in the stack and under conditions not exceeding 50 percent of ex- cess air. The amount of solids in such gases shall be determined according to the test code for dust separat- ing apparatus of the American Society of Mechanical Engineers, revised and amended to date. F. Odor. The emission of odorous matter in such quantity as to be offensive at a point along any lot lines shall not be permitted in the CB, Ml, ORP or IP Zones. In determining such quantities of offensive odors, Table III (Odor Thresholds) in Chapter 5 of the "Air Pollu- tion Abatement Manual" (copyright 1951 by Manufac- turing Chemist's Association, Inc., Washington, D.C.) shall be used as a guide. (Ord. No. 74-2720, § II(G), 5.7-74) Supp. No. 1 2597 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11011jEs § 8.10.18 IOWA CITY CODE^ F. Glare. Any operation or activity producing glare at night shall be conducted within an enclosed building or with effective screening so that direct and indirect illumination from the source of light shall not cause illumination in excess of one-half foot candle when measured along the lot lines in the CE, MI, IP or ORP Zones or from any point along the district boundary lines in the M2 Zone. Flickering sources of light shall be shielded so as not to cause a nuisance across lot lines. (Ord. No. 74-2720, § II(F), 5-7-74) G. Sewage wastes. The following standards shall apply to sewage wastes at the point of discharge into the public sewer. 1. Acidity or alkalinity shall be neutralized within pH range from six point zero (6.0) to ten point five (10.5). 2. Wastes shall contain no cyanides; no chlorinated solvents in excess of .1 ppm; no sulphur dioxide or nitrates in excess of 10 ppm; no chromates in \ excess of 25 ppm; no chlorine demand greater than 15 ppm; no phenols in excess of .05 ppm. There shall be no more than 25 ppm of petroleum oil, nonbiodegradable cutting oils or products of min- eral oil origin or any combination thereof. There shall be no oil and grease of animal or vegetable origin in excess of 300 ppm. No waste listed in this section shall contain any insoluble substances ex- ceeding a daily average of 500 ppm (if exceeded, the city may apply a cost surcharge) or failing to pass a No. 8 standard sieve ohaving (Ord dimension No. 78- greater than one-half (/y) inch. 2915, § 2, 8-22-78) H. storage. If a fence, as required in paragraph 1 of this section (Screening), ;s erected and is constructed so, open storage of equipment and materials may be lo- cated to within 16 feet of said fence if the height of the equipment or material does not exceed the height of the fence. Equipment and materials exceeding the Supp. No. 1 2508 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -OLS 110 RIES APPENDIX A -ZONING § 8.10.18 height of the fence or otherwise visible from the ad- joining R District, shall not be located within 50 feet from the fence. If a planting strip is used to screen the area, the storage of materials shall not be permitted within 50 feet from the lot line of the adjacent R Dis- trict. The storage of such materials and equipment may be permitted when located at least 30 feet from any street right-of-way line and when in conformity with the above provisions, except that the storage of live- stock feed, coal and similar materials shall not be closer than 300 feet to any R District and shall be so handled as to effectively control dust, noise and odor. All combustible material shall be stored in such a way as to include, where necessary, access drives to permit free access of fire fighting equipment. Open storage of junk, waste products, salvaged or wrecked automobiles shall be confined to M2 Zones and all the regulations of Section 8.10.16 shall be ap. plicable and nothing herein contained in this Section shall be deemed to permit the open storage of said materials in any zone except M2 Zone. Open storage of equipment and materials shall not be permitted in the ORP Zone. (Ord. No. 74-2720, § II(H), 5-7-74) I. Lighting, All light sources shall be shielded from ad. jacent R districts. (Ord. No. 74-2720, § II(I), 5-7-74) J. Compliance. All uses which were not previously re- quired to provide screening prior to the passage of this Ordinance shall conform to the requirements of this Ordinance within one (1) year from the passage there- of. Nothing herein contained shall be construed to grant additional time for compliance with any screen. ing requirements of any uses covered by previous Ordinances or any other sections of Title VIII of the Municipal Code of Iowa City. (Ord. No. 74-2720, § II(J), 5-7-74) Supp. No. I 2500 MICROFILMED BY JORM MICROLAB CEDAR RARIDS•OES 1101NES I § 8.10.19 IOWA CITY CODE 8.10.19 Additional regulations. I. The uses listed in B[II] of this Section may [be] lo- cated only in certain Zones under the specified conditions. H. The special uses, the conditions that must be observed, i and zones in which such uses will be allowed are: I I I I Supp. No. 1 2610 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 14011JES Use Specific Conditions Zones zAirport and landing field The end of all runways shall not be Any except R P located within 500 feet of any adjacent property lines. Clubs and semi-public 1. Regulations governing R2 and R3 R2, R3, C buildings Zones apply. 2. No parking allowed in a required front yard. > 3. Parking areas in accord with Sec- ° cn tion 8.10.25. z d N Commercial greenhouses Shall not be located closer than 25 Any except R, CO, ORP k c and nurseries feet from an 'R' Zone property line. ~ Commercial recreational None. C except CO z activities z Elderly housing 1. The minimum lot area per dwelling CBS n unit shall be 300 square feet. 2. No front, rear or side yard shall be i required. 3. A building for elderly housing may be located on the same lot with one or more buildings with a use which pro - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 14011JES ■ 1 W Use Specific Conditions i• v vides a service to the elderly (such as o but not limited to recreational and med- ical facilities), provided that the build- ings, if separated, shall be separated by a minimum horizontal distance equal to one of ;',m following: a. The height of the highest building; b. Eight (8) feet plus two (2) feet to for each additional story above the second story, provided that no win- dow of a dwelling unit is located on the side next to the adjacent building below the height of the building; or c. Two (2) times the height of the adjacent building above the win- dow sill of any window of a dwell- ing unit located on the side next to the adjacent building. (See figure below.) The distance shall in no case be less than eight (8) feet plus Zones m 0 m MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES § 8.10.19 IOWA CITY CODE 1 1 T O Y 0 i 10y i 0 0 1 1 0 E O w W Ii U a a X Q a+ >Gc-,0 m F U 9a cl .pC^. H t t0 y co M .�C.+ xy c0 bd Wy .-ca t'G G o 0 . Wa m p M G Y bl 41 M .n y •61 W C B Y •a 'fG++A' m a 00 X p'0o.0 c uF ro a +, o G bo d m 4b0'Fg �a U.4�omreoww3 a�^avoaam i I bo o 6•a a w o+'C' H d o G p o «b o0 cs U a s q3 y Ga w 12- W w Q 'C o A P 03.0g a'9 A PC g a d a a 0 a c Supp, No. 1 2510.2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101NES ' APPENDIX A—ZONING m a I t Supp. No. 1 2610.3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I101t1ES § 8.10.19 >eu -0 dmEo ma W O � u ! L" O 00 00M'a0 Yb �W be b CW ^ Qj O• 03 F" i W cc G 7 `\ C .N.vF' N •w.S �'py, v 7 A I Ii 0O v ate+ y� �O co > 0 8? i° 0 07 I m 0 ' a a •j O yQ \ IJP M tr cE v1 C V O q d O iL u m Qi +F' BO y � rQ 7 94 A d wy a+ w q 0 •�Cp m q C! {r a+ CCL I �D it I W i0 Ti m a I t Supp. No. 1 2610.3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I101t1ES § 8.10.19 Q 8.10.10 IOWA CITY CODE !^� N � b c yy°ay N � v U ab o u rt2E t� q O arW C vFd W N N C o y a F ° y C ca i m O P7ca YtS a�a a ra o s. 0 d o 'c Y SCC* ° G X D W d W Supp. No.1 2610.4 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I e Use Specific Conditions Zones 9 Zone Bed/S.F. of Lot Area x R1A R113 R2 R3 RM > R313. --- -- 1/200 b C2 and CH only z Outdoor theaters None. Same requirements as those for hospi- Any except RIA and Philanthropic N tals, educational and religious institu- R1B y tions N 0 Trailer Camps 1. All inhabited trailers in the City C except CO x shall be located in a trailer camp. z 0 2. Trailer camps shall provide 3000 square feet of land area for each trailer. 3. At least 20 feet shall be maintained between trailers. 4. All trailers must front on a paved road having not less than 12 feet of ° clear, unobstructed roadway at all times. 76-2761, § II(A), (B), 12-30-74; Ord. No. 78-2687, (Ord. No 74-2736, § II(D), 10-16-74; Ord. No. § III, 4-4-78; Ord. No. 78-2921, § II, 9-19-78) MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101NE5 § 8.10.20 IOWA CITY CODE �""�`• 8.10.20 Planned area development. A. Preliminary place. Whenever the owner or owners of a tract of land composing an area of not less than two (2) acres within the corporate limits of Iowa City wishes to make a planned area development in accordance with this Ordinance, he shall submit to the City of Iowa City six (6) copies of a preliminary plan and application for preliminary approval. The preliminary plan for the use and development of said tract of land may show variations from requirements of the particular zone in which the tract of land is located. The application shall be accompanied by the following: 1. A location map. 2. A preliminary plan of the Planned Area Development drawn to a scale of 1" = 100', said plan to show: a. Contours at 6 feet intervals or less b. Approximate location of all proposed streets c. Proposed use of the land (shown by zoning clas- sification that would be most suitable for build- ing type and population density in the planned area development or in any sub -area thereof) d. Proposed overall population density of the planned urea development e. Proposed general arrangement of the buildings f. Location and area of proposed open space areas (either to be held in common or publicly, whether to be used for active recreation purposes or as only an environmental amenity) g. Sketches to indicate the general design of build- ing types and the overall character of the develop- ment. h. The following fees will be charged: (1) Preliminary Plan -Planned Area Development + $1 per lot and/or dwelling unit. Supp. No. 1 2618 1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINCS APPENDIX A—ZONING § 8.10.20 dedicated for recreational uses shall be approved in writing by appropriate departments of the City gov- ernment prior to approval of the plan by the Commis- sion. All land dedications for public use shall conform to the requirements of City Ordinances. G. Streets. Planned area developments shall make pro- vision for continuation and extension of arterial and collector streets and shall be done in accordance with current City standards. 7. Schedide of completion. A developer or sponsor of a planned area development shall be required to submit a signed statement generally describing the proposed development and setting forth an intended time sched- ule for the completion of various phases. F. Report of the planning and zoning commission. Upon completion of review of the proposed planned area develop- ment, the Commission shall prepare a written report to the Council to substantiate their stated recommendation. This report shall deal with the following: That the variances in setback, lot area requirement, build- ing heights, building types, sizes of buildings, and the combination of land uses will be in the publin interest, in harmony with the purpose of this Ordinance and other building regulations of the City and will not adversely affect nem by properties; and that the parking requirements of this Ordinance otherwise prevailing in the zone have not been reduced. G. Final approval. After the recommendations of the Plan- ning and Zoning Commission have been filed or if the Plan- ning and Zoning Commission does not report back in 45 days, the City Council shall, before giving final approval to any planned area development, hold a public hearing in relation thereto, giving at least 15 days notice of the time and place of such hearing, which notice shall first be published in a news- paper having a general circulation in the City of Iowa City, Iowa. If the Planning and Zoning Commission recommends against the planned area development plan, such plan shall Supp. No. 1 2521 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•D[S IIOIti[S § 8.10.20 IOWA CITY CODE not be approved by the City Council nor become effective except by a favorable vote of three-fourths of the members of the City Council. After proper approval of the Plan, permits may be issued to carry out the approved plan even though it may not conform in all respects to other obligations of this Chapter. H. Building permits. The final plan or parts thereof as finally approved by the City Council shall be filed with the Building Inspector's office and all building construction per- mits shall be issued on the basis of conformance with said Plan. Minor changes in building arrangements that do not substantially alter the character of the development are al- lowable. Any other changes shall be considered as amendments to the approved final plan, including changes in street loca- tions, land use and building arrangements and must be con- sidered and acted upon by the Planning and Zoning Commis- sion and the City Council prior to issuing building permits j;.:), ;ed to such changes. In the event commercial uses are approved as a part of a planned area development, a building permit for said com- mercial facilities shall not be issued until a minimum of 25^Jo of the housing units planned for the area (or approved sub- area) have been completed or will be built simultaneously. Separate building permits shall be obtained by the developers for the construction of housing and commercial facilities where separate buildings are used. 8.10.21 Nonconforming use regulations. A. Intent. It is the intent of this ordinance to restrict and eventually eliminate nonconforming uses because they have been found to be incompatible with permitted uses in the zone involved. Nonconforming buildings shall be regulated to prevent an increase in the degree of nonconformity. The law- ful use of any building or land existing on the effective date of this ordinance may continue although such use does not conform with the provisions of this ordinance, subject to the conditions contained herein. Supp. No. 1 2522 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110HIES I'll APPENDIX A—zONINC § 8.10.21 13. General provisions. I. Construction approved prior to ordinance. Nothing in this ordinance shall require any change in plans, con. struction or designated use of a building or structure for which substantial construction has lawfully begun prior to the effective date of this ordinance. Substan- tial construction shall be deemed to include excavation and demolition of existing buildings. 2. Unlawful use not authorized. Nothing in this ordinance shall be interpreted as authorization for the continu- ance of the use of a structure or land in violation of the zoning regulation in effect prior to the enactment of this ordinance. C. Nonconforming lots of record. 2. S. In an R or CI zone, any use permitted in the zone may be erected on any lot of record on the effective date of this ordinance notwithstanding the lot's failure to meet the requirements of the zone for frontage and width. In any zone in which single-family dwellings are permitted, a single-family dwelling and accessory buildings may be erected on any lot of record on the effective date of this ordinance notwithstanding its failure to meet the requirements of the zone for area. A single-family dwelling on a nonconforming lot may be repaired, reconstructed or structurally altered pro- vided the structural alteration does not increase the degree of nonconformity with yard and area require- ments. A two-family or multifamily building located on a nonconforming lot which does not meet the area requirements may be repaired and may be remodelled to a lesser number of units but shall not be recon- structed or structurally altered. If two (2) or more contiguous nonconforming lots or portions thereof become in single ownership [sic), the land involved shall be deemed a single parcel for the purposes of this ordinance and no portion of said parcel Supp. No. I ti 2823 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 110111[5 § 8.10.21 IOWA CITY CODE.++ i shall be sold or used in a manner which diminishes compliance with lot width and area requirements. D. Nonconforming use. 1. No existing structure devoted to a use not permitted by this ordinance in the zone in which it is located shall be enlarged, reconstructed, moved or structurally al- tered as provided herein. 2. No nonconforming use may be extended through addi- tional parts of a building nor to occupy any land out- side such building. 3. A nonconforming use may be changed only to a use permitted in the same or higher zone. For the purposes of this section, the same zone means the most restric- tive zone in which the nonconforming use is a per- mitted use; a higher zone means a zone which is more restrictive than the most restrictive zone in which the nonconforming use is a permitted use. If it is changed to a higher or conforming use, it may not resume the prior nonconforming use. 4. Any structure devoted to a nonconforming use which N has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of fifty (50) per cent or more of its assessed valuation, shall there- after conform to the provisions of this ordinance. Where the damage is less than fifty (50) per cent, such structure may be restored to the same noncon- forming use as existed before such damage. 5. Any nonconforming use of land may not be extended to occupy a greater area of land than was owned on the effective date of the ordinance nor may additional structures be erected in connection with such noncon- forming use of land. 6. Any nonconforming use of land or buildings which has ceased by discontinuance or abandonment for a period of one year shall thereafter conform to the provisions of this ordinance. Supp. No, 1 2524 i +I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DE.S MONIES 1 APPENDIX A—ZONING § 8.10.22 7. All junkyards shall conform with the requirements of section 8.10.18.A. and section 8.10.16.A. within five (5) years after August 7, 1962. E. Nonconforming buildings. 1. Any building, which contains a conforming use, but could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot or other requirements con- cerning the structure, may continue subject to the following conditions: a. Any nonconforming building which has been de- stroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of fifty (50) per cent or more of its assessed valuation, shall thereafter conform to the provisions of this ordi- nance. Where the damage is less than fifty (60) per cent, such building may be restored to the same degree of nonconformity as existed before such damage. b. No building may be structurally altered in a way which increases or extends its nonconformity; however, it may be structurally altered in a way which will not affect or which will decrease its nonconformity. c. Any building which is moved shall thereafter con- form to the provisions of this ordinance. (Ord. No. 75-2788, § II(III), 11-25-75; Ord, No. 78-2931, § 2,12-5-78) 8.10.22 Height regulations. A. Except as provided in Section B, buildings shall not exceed the following height limits: 1. In R1A, RIB, R2, R3, CO and CH Zones, said build- ings shall not exceed two and one-half (2-1/2) stories and shall not exceed thirty-five (36) feet; except that Supp. No. 1 2625 MICROFILMED BY JORM MICROLAB CEDAR RARIDS•Drs MoluEs § 8.10.22 IOWA CITY CODE i a building on a lot in the CO or CH Zone within 45 feet of the side lot line of a lot with an existing residen- tial building in an R Zone shall not exceed the height of said residential building. (Ord. No. 74-2734, § II, 9-17-74; Ord. No. 74-2730, § II(E), 10-15-74) 2. In R3A, 11313, C2, M1, IP and ORP Zones, said buildings shall not exceed three (3) stories and shall not exceed 45 feet. (Ord. No. 74-2720, § II(K), 5-7-74) 3. In the C1 Zone said buildings shall not exceed 25 feet. 4. In M2 Zones said buildings shall not exceed 100 feet, provided where a lot in M2 Zones is ndjacent to a lot in an R District, the building shall be set back from such a line one foot for each 0 feet of building height. (Ord. No. 74-2718, § II(F), 4-30-74) 5. In the CB Zone, said buildings shall not exceed fifteen stories and shall not exceed 170 feet. (Ord. No. 74-2718, § II(G), 4-30-74) 0. In the CBS Zone, said buildings shall not exceed 8 stories and shall not exceed 100 feet. (Ord. No. 74-2718, § II(H), 4-30-74) B. The height limits set out in Section A above may be exceeded in the following instances: I. A public building, church, temple, hospital, institu- tion, or school may be increased in height up to a maximum height of 70 feet if set back an additional foot over the yard required in Section 8.10.23 for each two feet over the height limit otherwise required. This Section has no effect on the height limitations for the CB and M2 Zones. 2. Chimneys, church steeples, cooling towers, elevator block heads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, spires, radio and television towers, grain ele- vators, or necessary mechanical appurtenances are exempt from the height regulations. Supp. No. 1 2520 MICROFILMED BY JORM MICROLAB CHAR RAPIDS -DES MOIRES APPENDIX A—ZONING § 8.10.22 3• Storage buildings are exempt from the story limitation but are not exempt from the "number of feet" ]imita- tion. 4• Buildings in the C1 and ORP Zones may be increased in height one (1) foot for each foot that the building is set back from all required yard lines. (Ord. No. 74-2720, § II(L), 5-7-74) 5• A high rise apartment house or apartment hotel com- plying with the provisions of 8.10.19. C. Approach and clear zones. No building or structure or any portion thereof shall be erected within the approach zone of any runway or landing strip established by the Master Plan of the Iowa City Municipal Airport in excess of a height above the elevation at a point 200 feet from the end of any said runway equal to one -twentieth of the horizontal dis- lance from the a measured along the centerline o rof said feet from hrunn ay extended. The approach zone is considered to be a trapezoidal area extend- ] I y' ing from a point 200 feet from the end of any said runway v and in the same direction as said runway for a distance of 2000 feet. Such area is 400 feet wide at a the end of the runway and 800 feet wide atot a 200 feet from t 2200 feet from the end of said runway, all being extended 1iln the same direction as said runway. a Further, no buildings or structures or any portion thereof shall be erected in the transition zones on either side of an approach zone of any such runway or landing strip in excess of a height above the elevation at a point 200 feet from the end �a!d . unway measured along the centerline of said runway extended plus one-seventh of the horizontal distance to the near edge of the approach zone, measured perpendicular to the centerline of said runway extended. Where an airport is bounded by a public road, the effective length of runways directed over any said public road shall be computed (using a slope of 20 feet horizontal to one foot vertical) to produce n nearest the airport. height of fifteen feet at the right-of-way line of such road Supp. No. 1 2527 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101uEs § 8.10.22 IOWA CITY CODE I D. Repealed. (Ord. No. 78-2931, § III, 12-5-78) 8.10.23 Pard regulations. A. Except as specifically provided in Sections B and C, yards shall be provided for buildings as shown in the follow- ing tabulation: MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIMEs One Front Yard Two Side One Rear 11aving a Depth Yards Having Yard Having Zone of Width of a. Depth of 111A 30 feet 8 feet 30 feet RIB 25 feet 5 feet 30 feet R2 25 feet 5 feet 25 feet R3, R3A, M 20 feet 5 feet 25 feet 20 feet C1 20 feet None CO 25 feet None None CIi 40 feet None None C2 None None None CB None None None CBS None None None Mi. 25 feet None None M2 None None None IP 25 feet None None PC 40 feet 20 feet 20 feet ORP 200 feet 100 feet 100 feet (Ord. No. 74-2718, § ll (1), 4.30-74; Ord. No. 74-2720, § II(M), 5-7-74; Ord. No. 74-2729, § I(E), 8-6-74; Ord. No. 74-2736, § Il (F), 10-15-74) B. The following general regulations for yards must also be observed: 1. In the Cl, Ml, IP and ORP Zones on lots fronting on two non -intersecting streets, a front yard must be provided on both streets. (Ord. No. 74-2720, § II(N), 5-7-74) 2. On corner lots, the required front yard and the use and restrictions thereof shall apply to both streets. (Ord. No. 74-2720, § 11 (0), 5-7-74) Supp. No, 1 2528 / MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIMEs APPENDIX A—ZONING § 8.10.23 3. On corner lots in the C, M, and IP Districts that rear upon an R District, a ten -foot yard must be provided along the side street side. 4. Where a frontage is divided among the districts with different front yard requirements, the deepest front yard shall apply to the entire frontage. 5. Where a lot is in a C, M, or IP District and is next to an R District, the side or rear yard required in that R District must be provided along the boundary line. 6. In the C, M, IP and ORP Districts there may be more than one commercial or industrial building on a lot pro- vided that the required yards be maintained around the group of buildings. (Ord. No. 74-2720, § II(P), 5-7-74) 7. Dwelling uses, except hotels, locating in C and M Dis- tricts, must provide the yards required in the R3 Zone. 8. There may be two or more related multi -family, hotel, motel, or institutional buildings on a lot; provided that (a) the required yards be maintained around the group of buildings, and (b) buildings shall be separated by a horizontal distance that is equal to the height of the highest building. 9. Repealed. (Ord. No. 78-2931, § III, 12-5-78) C. The following exceptions may ue i,.ade in lard Regula- tions: 1, 2. Repealed. (Ord. No. 78-2931, § 111" 12-5-78) 3. Where, on August 7, 1962, 40 percent or more of a frontage was occupied by two or more buildings, then the front yard is established in the following manner: (a) Where the building furthest from the street pro- vides a front yard not more than ten feet deeper than the building closest to the street, then the front yard for the frontage is and remains an average of the then -existing front yards. (b) Where (a) is not the case, and a lot is within 100 feet of a building on each side, then the front yard Supp. No. 1 2529 MICROFILMED BY JORM MICROLAB CEDAR RARIOs.oEs Imtllrs ?a 8.10.23 IOWA CITY CODE is the line drawn from the closest front corners of these two adjacent buildings. (c) Where neither (a) nor (b) is the case and the lot is within 100 feet of an existing building on one side only, then the front yard is the same as the existing adjacent building. 4. Sills, belt courses, cornices, chimneys, and ornamental features may project only two feet into a required yard. 5. Open fire escapes, fireproof outside stairways and bal- conies opening upon fire towers, and ordinary projec- tions of chimneys and flues into a rear yard for a dis- tance of not more than 3-1/2 feet when so placed as to not obstruct light and ventilation, may be permitted by the Building Inspector. 0. Open terraces which do not extend above the level . of the ground (first) floor may project into a required yard, provided these projections be at least two feet dis- tantfrom the adjacent lot line. A railing not more than 30 percent solid and not more than 3 feet high may be permitted around the terrace. 7. No side yards are required for dwellings that are erected above commercial and industrial structures. 8. In all new buildings, if side yards are provided where not required, they must be at least five feet wide. 8.10.21 Area regulations. A. Except as provided in Section 8.10.24.B., there shall be minimum lot frontage, minimum lot width, minimum lot area, and minimum lot area per family as shown on the following tabulation: Supp. No. 1 2530 IM MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DFS 140111Es APPENDIX A -ZONING 6 8.10.26 (Area Per Family in Square Feet) C. Repealed. (Ord. No. 75-2788, § II(IV), 11-25-75; Ord. No. 77-2837, § II(B), 5-24-77; Ord. No. 78-2931, § III, 12-5-78) D. Repealed. (Ord. No. 77-2838, § III, 6-24-77; Ord. No. 78-2931, § III, 12-5-78) E. The minimum area of an ORP Zone shall not be less than 21 acres. (Ord. No. 74-2720, § II(R), 5-7-74)- 8.10.25 Off-street parking requirements. A. In all zones except the CB Zone there shall be pro. vided at the time any building or use is created or structurally Supp. No. 1 2530.1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES Lots Dwellings Frontage Width Area in Single Two Multi - Zone in Feet in Ft. Sq. Ft. Family Family Family RIA 40 80 10,000 10,000 RIB 35 60 6,000 6,000 R2 35 50 5,000 5,000 3,000 ' R3 35 50 5,000 5,000 3,000 3,000 113A 35 50 5,000 5,000 2,500 1,000 R3B 35 50 5,000 5,000 2,500 750 Cl. 35 35 none 10,000 10,000 10,000 CO none none none CH none none none 10,000 10,000 10,000 C2 none none none 6,000 3,000 2,000 CB none none none 5,000 2,500 750 CBS none none none ' ' 750 i MI. none none none 6,000 6,000 6,000 M2 none none none ' IP none none none ORP 400 400 304,920 ' Indicates not permitted in the district. (Ord. No. 74-2718, § II(J), 4-30-74; Ord. No. 74-2720, § II(R), 5-7-74; Ord. No. 74-2729, § I(F), 8-6-74; Ord. No. 74-2736, § II(G), 10-15-74) B. Repealed. (Ord. No. 77-2838, § II, 5-24-77; Ord. No. 78-2931, § III, 12-5-78) C. Repealed. (Ord. No. 75-2788, § II(IV), 11-25-75; Ord. No. 77-2837, § II(B), 5-24-77; Ord. No. 78-2931, § III, 12-5-78) D. Repealed. (Ord. No. 77-2838, § III, 6-24-77; Ord. No. 78-2931, § III, 12-5-78) E. The minimum area of an ORP Zone shall not be less than 21 acres. (Ord. No. 74-2720, § II(R), 5-7-74)- 8.10.25 Off-street parking requirements. A. In all zones except the CB Zone there shall be pro. vided at the time any building or use is created or structurally Supp. No. 1 2530.1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES A 8.10.26 IOWA CITY CODE altered (except as otherwise provided in this Chapter), off- street parking spaces in accordance with the following re- quirements: Use I. Single and two family dwellings. 2. Multiple family dwelling. 3. Assembly halls or rooms without fixed seats; ex- hibition halls (except church assembly rooms) in conjunction with audi- toriums. 4. Clubs, lodges, fraternal and similar organizations. 5. Fraternities, sororities, and dormitories. 6. Rooming, lodging or boarding houses, apart- ment hotels, or tourist homes. Supp. No. I Space Requirements Two spaces per each living unit. 1%,, spaces per dwelling unit except that such dwelling unit with less than 300 square feet of floor area shall have not less than 1% spaces. One space for each 100 square feet of floor area used for as- sembly, dancing or dining. One space for each 300 square feet of floor area. One space for each 300 square feet of floor area. One space for each 300 square feet of floor area. 2530.2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11011JES CODE COMPARATIVE TABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NE5 Section Ord. No. Adpt. Date Section this Code 77.2849 7.26.77 1 31-21 2 31-22 3-5 31-45-31-47 6-20 31-23-31.37 77-2851 S. 2-77 1 2-180 2(A) 2-182 (B) 2-181 2 2-183 4 2-184 5 2-185,2.192 6-9 2-186-2-189 10 2-190,2-191 77.2852 8. 9-77 2 35.36 77-2854 8- 9-77 2 APP• A, § 8.10.3(64a) (64b) (67) 8.3025138 2(2)—(4) 8.10.25A29 77.2859 9- 6-77 2 8-16 (7), (10)—(12), (14) 4 8.18 6 8-16 (note) 6 Rpld 8.16--18 77-2860 9.6-77 2-4 8.31-8-33 5 Ch. 8, Art. III (note) 77-2861 9- 6-77 2 12-16 3-5 12-18-12-20 6 12-21(a) 7-10 12-22-12.25 Il Ch. 12, Art. 11 (note) 12 Rpld 12.16,12-18-12-25 77-2863 9- 6.77 2-6 8-44-8.4B 7 Ch. 8, Art. IV (note) 8 Rpld 8.44--8-46 77.2865 0-13.77 2 33.58 77.2866 30- 4.77 2 36.16 77.2867 10-25.77 2(A),(B) 10-17,10-18 (C) 10.20 (D) 10.19 (E) 10.21 77-2868 11- 1.77 2 App. A, 58.10.41) 77-2869 11-15.77 2,3 16.11 Supp. No. 1 2951 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NE5 Ord. No. Adpt. Date 77-2874 12-20-77 78.2876 1- 3-78 78-2877 2-14-78 78-2878 2-21-78 78-2879 2.21-78 78-2880 2-28-78 78-2882 3- 7-78 78.2883 3. 7-78 78.2884 3. 7-78 78.2886 3. 7-78 78-2886 3-14.78 78-2887 4- 4-78 78.2888 4. 4-78 78-2889 4.18.78 78-2890 B. 2.78 78-2891 6. 9.78 78-2892 6. 2-78 78-2893 6-16-78 78.2894 6.16.78 78-2806 6-30.78 78-2907 6.27-78 78.2908 6.27.78 Supp. No. 1 IOWA CITY CODE Section 2 3 4 6 6-21 22,23 24,25 26,27 28 29 2 2 2 2(a) (b),(c) 2 II 2 3 4 Rpld II Added III Added II 11 11 III 1 2 1-7 2 II II II 1-11 II II 2 2952 Section this Code 28-2 28-3 28.1 28-18 28-33-28.48 28-19, 28.20 28.4,28.6 28.21,28-22 28-6 Ch. 28 (note) 16.83 App. A, § 8.30.41) 28-34 36.42 36-39 26-1(18) 8-17(6) 28.34 28.37 28.48 11-1-11.17, 11.29-11.32, 11.40-11-60, 11-62-11-71, 11-83-11.96 11-4 I1-1-11-3 11-6-11.12 I1-24-11.27 11-38-11.63 12-21(b) 32.40(h)(4) App. A,§8.10.3 A 26a App. A, § 8.10.19 11 23-1 23.289 24.6 26-1(16) 17-1-17-13 23.21(d) 17-10(a) 9.1-1-9.1-I1 24-114 27-46 23.1,23-71 MICROFILMED BY JORM MICROLAB CEDAR RARIDS.DES 110itIEs CODE COMPARATIVE TABLE Ord. No. Adpt. Date Section Section this Code 78-2909 7-11-78 11(1)-(4) 17.3(c) -(f) 78-2911 7-26-78 2,3 33.42(e), 3343 78.2912 7-26-78 2 8-17(6),(8), (9),(13), 78-2913 8- 8.48 2 (16),(16) 6-26(e) 3 6-34(a) 78-2914 8. 8.78 2 6.1 78.2916 8-22.78 2 APP• A, § 8.10.18G 78-2916 8-22.78 2-9 34.69-34.76 11 Rpld 34.69-34-74 34-82-34.86 78-2917 8.22-78 2 14.60-14-93 78.2918 9. 6.78 Adopting Ordinance, p. ix 78-2920 9-12-78 2 App. A, § 8.10.3A 2a, 21a, 28a App. A, § 8.30.7 A7 78.2921 0.19-78 II App. A, § 8.10.191I 78.2924 10. 3-78 2 App. A. § 8.10.12 K 78.2926 10. 4-76 78-2926 10-17-78 II (1),(2) 8-19(¢)(1),(2) 78-2927 10.17-78 II 8-17(18) 78.2929 10-24-78 2 23-189 78.2931 12- 6.78 II APP• A, § 8.10.21 III Rpld APP• A, §§ 8.10.22D, 8.10.23 B9, Cl, 2, 78-2932 12. 6.78 I Rpld 8.10.24 B -D 23-279 78.2933 12- 6-78 2 23.180(b),(c) Supp. No. 1 (The next page Is 2971] 2953 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES r40INEs CODE INDEX ALCOHOLIC BEVERAGES—Cont'd. Premises Requirements for Prohibited activities in parks, etc. Parks and recreation. See that title Prohibited sales and acts .._._.......... . Unlawful manufacture or sale of intoxicating liquor Nuisance provisions ........... ALTERED GOODS SALES Going -out -of -business and similar sales Going -out -of -business and similar sales. See that title. AMENDMENTS TO CODE Generally AMERICAN TELEPHONE AND TELEGRAPH COM- PANY Telephone franchise Franchises. See that title "-"- AMUSEMENTS AND AMUSEMENT PLACES Circuses, carnivals, menageries, eta Circuses, carnivals, menageries, etc. See that title Group activities in parks _. _ Parks and recreation. See that title—=� Parades Ind processions Street definitions Public entertainment;-------"",**,------ Street definitions Rally or demonstration Street definitions --_._ Use permits for use of public ways ANIMALS AND FOWL Business zone, pet animals In .�....__ Cats - - Pet animal requirements --_-,_- Cemetery restrictions _ City Plaza, animal regulations In .._............................ City plaza, See also that tido ''" Confinement of vicious animal, Control, leash, rapes, lines, etc. Dogs and other pet, Cruelty to animals .—_... Definitions" -"""---- Diseases, reporting Rabies and disease control. Sea hereinbelow, that subJect Supp. No. 1 2981 FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES WOIMES Section 6-26 26.1 6-2 24-101(2) 21.31 at seq. 1.7 14-62 at seq. 6.16 at seq. 26.48 at seq. 31-1 21-1 81-1 81-184 at seq. 7-20(c) 7.20 9.4 9.1.6 7-21 7.20 7-3 7-17 7-1 IOWA CITY CODE r , i 7 ANIMALS AND FOWL—Cont'd. Section Dogs Parks and playground areas, regulations for bring- ing dogs into, etc . .......... ..................... _................ ... 25.1 Pet animal requirements _.____._._ 7.20 Prohibited activities in parks, etc. ___—.—_ 25.1 Parks and recreation. See that title Driving or riding in streets ............................. ............ _.... 31.5 Enforcement Interference with ................ _...... ._... ...... .__ —_ 7.24 Feeding animals in streets .... _ ............. ... _.._..._...____ 31.6 Fishing Dams, obstructions or pumping plants not provided with a fishway or screen Nuisance provisions ___......................................... 24-101(5) Devices, contrivances or materials used to violate fish and game laws Nuisance provisions ......................................... 24.101(6) Food establishments, pet animals in ..__._..______ 7-20(d) Hog pens..__.._.._ 7-2 Horses Prohibited activities in parks, etc. .._—____... 25-1 Parks and recreation. See that title Housing standards re prohibited animals .............. .... 174(n) Housing. See also that title Impoundment of animals Authorized ._ _ 7-32 Licensing and vaccination required, when ...._.......--- 7-37 Livestock running at large .____.—__—__ 7-5 Notice to owner ........ ...... _.... .... __....�..._.___ 7.34 Owner's failure to redeem Disposal upon ....--�.'..—_--•---.__--- 7.38 Rabies suspects 7.39 Redemption Disposal upon owner's failure to redeem __—__ 7-38 Fees _�.___- 7.36 Generally _ _. 7-35 Licensing and vaccination required, when ____ 7-37 Registry of impounded animals ._.—_ 7.88 Licensing and vaccination Exemptions 7-63 .. Fees for licenses ....___..—___..—_ 7-58 Purchase locations __.__.__..��_.� 7-69 Required 7-37,7.67 Tags ..- —"----� 7.60 Term, duration __—�__._.—_ 7-62 Transfer 7.61 Supp. No. 1 2982 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES FIOIRES a 7 ) k CODE INDEX ANIMALS AND FOWL—Cont'd. Section Livestock Running at large ....._.. ........ -. 7-6 Meat Poisonmeat ........... .... ..... ................ ......... _�.___...... 7-4 Mobile home parks, animals and pets in ........ _... _........ 22-41 Molesting pet animals in pound ......... ............... ......... 7-23 Nuisances, generaly ..................... 7-19 ............. Nuisance provisions re animal or vegetable matter, or dead animals deposited upon streets, sidewalks, etc. ..__...._.......... ...................... ._..........._........... .. Nuisance provisions re dams not provided with fish - 24-101(10) 24-10110 way way or screen, violation of fish and game laws, etc.._.......... _.................... .............. _........_............ Owner's responsibility for pets . ................ _ ... ... 24-101(5),(6) 7-18 Parks and playgrounds, prohibited action in ................ 26.1 Pets.... .......... ..................... _...................._.._.....""...-_._.. Specific requirements. See herein specific subjects 7.17 et seq. Poisoned meat ...................... ........................... ------ 7-4 Pound. See hereinbelow: Shelter or Pound Private property, pet animals on _� _.. 7.20(b) Supp, No. I 2982.1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101RE5 CODE INDEX BARS AND SALOONS Section Alcoholic beverage regulations ...._..... _. 6-1 at seq. Alcoholic beverages. See that title BASEMENT DOORS Uncovered openings.__..._..__�...._...�____.....�._ 81.7 BASEMENTS OR CELLARS Housing standards ......... . .................................................... 17.4(j) at seq. Housing. See that title BEER AND WINE Alcoholic beverage regulations �_ 6-1 at aeq. Alcoholic beverages. See that title Drinking in public 24-61 BEGGING Engaging in _—._ _ 24-52 BICYCLES City plaza, bicycle regulations in ........... ....................... 9.1-4 City plaza. See also that title Generally _ _ 23-62 Traffic. See that title ��'•. BIDDING. See: Contracts and Agreements BILLPOSTING =' Billposters, billposting and distribution _. 3-16 at seq. Advertising. See that title BILLY CLUBS Concealed weapons, carrying 24-66 Firearms and weapons. See that title BLACK RACE DISCRIMINATION Human rights provisions _.._.____ I8-1 at seq. BLIGHTED AREAS Urban renewal, generally _.__ 8-1 at seq. BLIND PEDESTRIANS Pedestrians in general. See: Traffic BOARDS, COMMITTEES AND COMMISSIONS Administrative code 2.180 at seq. Administrative code. See that title Airport commission 4.16 at seq. Airport commission. See that title Board of adjustment Zoning requirements _ App. A Zoning, See that title Supp. No. 1 2985 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOf11C5 IOWA CITY CODE BOARDS, COMMITTEES AND COMMISSIONS—Cont'd. Section Budget and records .._____.._—_...__._._ 2-103 Bureau of fire prevention ........ 12.45 et aeq. Delegation of authority, construed ....___.__ 1-2 Electrical board ... ............................... .................... ......... 11.26 et seq. Electrical board. See that title Housing appeals board ........................................................ 17-3(h) et seq. Housing. See that title Human rights provisions ... ........._...... _....... ........ ............. Iowa City broadband telecommunications commission Broadband telecommunications. See: Franchises Joint authority, construed Library board of trustees Library. See that title Meetings Membership, compensation, tenure Parking systems division ...... Traffic. See that title Parks and recreation ............. _.... ..... — _ Parks and recreation. See that title Personnel of city in general. See: Officers and Em- ployees Plan commission _ Plan commission. See that title Plumbing board of examiners ........ .._............... Plumbing board of examiners. See that title Resources conservation commission Resources conservation commission. See that title Service _..--_--_...---•-_--•_ BOATS — y Boat rentals Parks and recreation. See that title Iowa River regulations ._ ............. _... ........... _... _.......... Iowa River. See that title BOILERS AND FURNACES Mechanical code .... __........... � Mechanical code. See that title BONDS Broadband telecommunications franchise, bond re- quirement.... .... _....... _................... Franchises. See that title City clerk ....... _... ... _. Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Supp. No. 1 2986 ,- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS.DF.S MOIRES 18-1 et seq. 14-62 1-2 20.16 at seq, 2.101 2.100 23.254 25.16 at seq. 27.16 at seq. 28.18 27.72 at seq, 2-102 25-8 24.78 et seq, 8.44 et seq. 14.75 at seq. 2-76 � I i CODE INDEX BOUNDARIES Section Zoning requirements _. App. A Zoning. See that title ' BOWIE KNIVES Concealed weapons, carrying ._.........._...___.--.._ 24-66 .. Firearms and weapons. See that title BRASS KNUCKLES Concealed weapons, carrying __..—._-__._. _ 24-66 Firearms and weapons. See that title BREASTS, FEMALE .` Indecent exposure and conduct .... .......... ...... .............. 24-114 BRIDGES Iowa River regulations 24-78 at seq. Iowa River. See that title t Parking in specified places prohibited ..._....... 23.236 et seq. Traffic. See that title BRIDLE PATHS Prohibited activities in parks, etc..____...__— 26-1 Parks and recreation. See that title BROADBAND TELECOMMUNICATIONS Franchise ........... .... _........................................................... 14-60 at seq. ,.._ Franchises. See that title BRUSH. See: Weeds and Brush BUDGET Boards and commissions ------------------- 2-103 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code BUILDING CODE Adopted 8.16 I Amendments -----_..___ 8-17 Conflicting provisions — _ —. 8.18 Dangerous building code adoption and amendments — 8.31 et seq. Electrical code j Adopted, amendments, etc ............................................. 11-4 at seq. Electrical code. See that title t Fire zones ..----......-----'---------- 8.19 Housing regulations 17.1 at seq. i Housing. See that title Large scale developments _..__........ _.__._._____ 27.29 et seq. ' Planning. See that title Supp. No. 1 ;. 2987 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111ES IOWA CITY CODE BUILDING CODE—Cont'd. Section Mechanical code ....__.._.._._..........__.._......._._.—_.- 8-44 at seq. Mechanical code. See that title Minimum requirements 8.18 Mobile homes, etc ....._.......... ....... _..................... 22-1 at seq. Mobile homes and mobile home parks. See that title Multiple dwellings Relationship of multiple dwelling permit to building code...... .................... ..... ....... ........... ._............ _... . 17-10(b) Additional multiple dwelling regulations. See: Housing Plumbing code 28.2 et seq. Plumbing code. See that title BUILDING NUMBERING. See: House Numbering BUILDING OFFICIAL Amendments to building code ..___..^__.__-- 8.17 BUILDING PERMITS House movers' licenses and permits ...._.._ 8-77 et seq. House movers. See that title Large scale developments ._—.---.--------• 27-20 et seq. Planning. See that title New materials, processes, occupancies .. _ -- 12.22 Fire prevention and protection. See that title Storm water runoff facilities ._.......... 33.64 at seq. Water end sewers. See that title Subdivision regulations.................................................... 32-1 etseq. Subdivisions. See that title Uniform building code nmendments ........................ ___ 8.17 Wn'er detention facilities, control structures, etc....... 33-68 Water and sewers. See that title BUILDINGS (Generally) Abatement of dangerous buildings Uniform code for abatement of dangerous buildings Adopted__......_._...._..._-^-"---"---"------._ 8-31 Amendments ......_..... _.._.... —. -----....___.._....-- 8.32 Pirports, buildinz construction ........___....______.. 3464 Animals tied, staked, tethered, hobbled, etc ............. _ 7-20(e) Arimals and fowl. See that title City plaza, building regulations at ...... .... ...._......... 0.1-1 at seq. City plaza. See also that title Existing buildings, electrical code provisions ................ 11-7 Electrical code provisions generally. See: Electrical Code Supp. No. 1 2988 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111[S CODE INDEX BUILDINGS (Generally)—Cont'd. Section House movers ..... ............ ................... ._ 8.58 e. a-, q. House movers. See that title Moved buildings, electrical code provisions ... .... 11.6 Maintenance of grounds and buildings Poard and-ommiasion services ._.... ..._....._._..._.._... 2.102 Nuisance abatement regulations 24-101 et seq. Nuisances. See that title Prohibited aativNes in parks, etc ...................... ......_..._.. 25.1 Parks and recreation. See that title Sidewalk construction and repair ..... _...... _.__.--._. 31-108 et seq. Streets and sidewalks. See that title Tree protection during construction, etc ........................ 34.16 et seq. Forestry. See that title Underground electric service _._—__._.....__.___—__ 83.77 et seq. Electric service (underground). See that title Telephone service (underground). See that title Water supply 33-115 et seq. Water and sewers. See that title Zoning requirements App. A Zoning. See that title BURNING OUTDOORS Mobile home parks, open fires in ..__....._____.—. 22-40(c) Park activities prohibited, etc. See: Parks and Rec- reation BUS STANDS Traffic regulations relative to loading and unloading 23-287 at seq. Traffic. See that title BUSINESS ESTABLISHMENTS Occupational licenses in general _....... 21.1 et seq. jLicenses and permits. See that title BUSINESS TRUST Person construed re 1-2 BUTTOCKS lidecent exposure and conduct ...................... _... .... _....... 24.114 C CABLE TELEVISION Broadband telecommunications franchise ........................ 14.60 at seq. Franchises. See that title CABLES AND CONDUITS Underground electric service ._ — 88-77 et seq. Electric service (underground). See that title Underground telephone service _— _ 33.97 et seq. Telephone service (underground). See that title Supp. No. 1 2989 i I \� I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES IOWA CITY CODE r� CAFES, CAFETERIAS, ETC. Section Restaurant regulations ._.... --------- 13-16 at seq. Restaurants. See that title CALLINGS Occupational licenses in general .._ 21-1 at seq. Licenses and permits. See that title CAMPAIGN Election campaign finance regulations __.._ 10.16 et seq. Elections. See that title CANDIDATES FOR OFFICE Campaign finance regulations ._._._..__. 10-16 at seq. Elections. See that title CANVASSERS j Peddlers' regulations ._..�_ 26.1 et seq. Peddlers, canvassers and solicitors. See that title CARNIVALS Circuses, carnivals, menageries, etc. _.......... 6.16 et seq. Circuses, carnivals, menageries, etc. See that title Group activities in parks ....... .... _._...._..__��_ 2648 at seq. Parks and recreation. See that title CASUALTIES r° Iowa River regulations .._..__.._._ 24-78 et seq.- Iowa River. See that title CATS AND DOGS Pet animals ..� - 7-17 at seq. Animals and fowl. See that title CELLAR DOORS Uncovered openings _. 31.7 CELLARS AND BASEMENTS Housing regulations ...._._. 17-1 et seq. Housing. See that title CEMETERY Animals In ..._._—_�.._ 9-4 Care, and maintenance _.. 9.1 Firearms, discharge of ...__.._..._ _ 9-7 Hours regulated. ..... 9.6 Injury to plants, etc. �..___.__._�...._.._..__ 9.9 Monuments, defacing 9.8 ' Nonperpetual care ... ........ 9-10 Rates and charges for services .._..__.__._..____ 9-3 Regulations 9-2 Speed limit of vehicles ___ 9.9 Supp. No. 1 2990 MICROFILMED 8V JORM MICROLAB CEDAR RAPIDS -DES 140111ES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110PIES Q CODEINDE% CESSPOOLS Section Nuisance abatement regulations __.._._._.__.._ 24-101 at seq. Nuisances. See that title CHATTELS Personal property definedre ......... _._.._._._ 1-2 CHILDREN. See: Minors CHIMNEYS AND SMOKEPIPES Housing standards re owner's responsibility ............... 17.7(c) Housing. See also that title CIGARS, CIGARETTES AND TOBACCO Sale of cigarette papers in violation of state laws nuisance provisions re buildings or places used for 24-101(4) Smoking prohibited in designated areas ......................... 24-0 Smoking. See also that title Smoking regulations at airport ....._....... .......... _ 4.88 Airports and aircraft. See that title CIRCULAR DISTRIBUTION Billoosters, billposting end distribution ..________ 8-16 et seq. Advertising. See that title CIRCUSES, CARNIVALS. MENAGERIES, ETC. ! Exemptions from provisions ___..____.__— `�.....' 8.18 Group activities In parks ................ 2648 et seq. Parks and recreation. See that title Veeeses' Required, fees.�________.._____..... �.__._.. '6.18' Permits Shows or exhibitions on public grounds .._—_.__ 6.17 CITY Defined �..__� 1-2 CITY ATTORNEY Appointment, removal, duties ........ _.......... __.....___ 2-63 Assistant city attorneys _._......_ 2.86 Compensation 2-07 Defined..___..�--.-...__.._.�..__..-.-•-�_-- 1-2 Legal department ... —__ 2.5 2.8 Snerial assistant city attorneys ... _... 2.64 Staff ...—� 2-88 CITY CLERK Appointment and qualifications .___.. .__. 2-76 Certification of expenditt.. j Instruments ____.—._ 2.78 Clerk of council ..............___.._.._.._._ --- 2.79 Custodian of records and seals ....... ._--__ 2.77 Defined ... ....... 1.2 Supp. No. 1 2991 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110PIES Q IOWA CITY CODE CITY CLERK—Contd. General duHea Sect Section ion Official bond, etc. 2-76 2-75 CITY COUNCIL Administrative code ,_ Administrative code. See that title 2.180 et seq. Clerk of council, duties of city clerk ....._...._2- Comnensatlon 79 -----.,._. _...... Districts 2-18 Established._..._..__.._...._..... _... _.......__..__._.....__ Mayor in general 2-17 —.._-......._..._...___. ................_ Mayor. See that title 2-42 at seq. Meetings Organizational .............. Regular ..__ ........... ...._..._....._...__.... 2-20 Robert's rules of order to govern 2-21 y_ Rules of procedure 2-28 ... ..... ............... ........ prohibited at public meetings 2-28Smoking ........ ....... ... Smoking. See also that title 24_6 Suecial ....__._ Voting rights of mayor 2.22 —_—___—•' Terms of members 248 .._. ` `— ^� 2 19 CITY FUNDS. See: Finances ��•'* CITY MANAGER Administrative code •. _..__._.._...__..____...._.. 2-180 at seq. Administrative code. See that title See that Apnointment ..._...__..._..__.._—___.�,—i Oath and bond 2,64. �� Removal 2.66 2.64 CITY PERSONNEL. See: Officers and Employees CITY PLAZA Ambulatory vendors City plaza use permits ........................................ Defined 9.1.8(6) .... uses.........._............_._............__..............._.._ Permitted uses 9.1.2 .........................._. ...__..__........_.._.._... Animal regulations 9.1.7 n 1 ()( ) ....__......_..__........____..__. _ _ Arts and crafts sales of handmade articles, etc. 9.1 .6 Permitted uses ................ ... .... ............... ....... Audio ambience 9.1.7(e)(9) Defined .__..�...--- Basement extensions 9.1-2 Building front and/or basement extensions, per- mitteduses _.__._ ........................... _............ _............ Defined ....... 9.1-7(n)(6) ___..... _................. �_.._.—.._....__........ Bicycle regulations 9.1-2._.........._...___........_. _._._.--_..-, Supp. No. 1 9.14 2992 i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DC5 IIOINES CODE INDEX CITY PLAZA—Cont'd. Section Building design for permanent and temporary struc- tures City plaza use permit provisions ._....... ............. 9.1-8(c)(1) Building extension Defined.. ................................ .................... _................ ...... 9.1.2 Building front and/or basement extensions Permitted uses ......_ .............................................. ......... 9.1-7(a)(6) City plaza use permits. See within this title: Use Per- mits Construction costs ............ ..................... ...... .................. 9.1-7(j) Days and hours of operation ............... _.................. _. 9.1-7(c) Definitions ............ ... __._................... Display window extensions Permitted uses ............ ----_.................................. 9.1-7(a)(5) ........ Events of an educational or entertainment nature Permitted uses ._.__....--._.___—._.__....._.._.__.......... 9.1-7(a)(11) Fees for permits, fees for lease of property, etc ....... _ 9.1-10 Illumination—___._....._ ...... —........ ...... ..... _... _........ 9.1-7(h) Insurance and indemnification .......... ........................... _.. 9.1-7(e) Kiosk Defined._ ...................... ............. ................__.............. 9.1-2 r� Permitted uses ._— .... _....................... _....................... _.. 9.1-7(a)(7) Landscaping Defined_ ......... _.._........................... ....._....................... 9.1-2 Permitted uses _.............. _........ — ........... _. _.._..._— 9.1-7(a)(8) Maintenance of area . . ................. —........ ... ....................... 9.1-7(g) Mall zones Description of ... ............ ...... .... ...................... ......... 9.1-3 Permitted uses in, usable area, etc. .... ......................... 9.1-7 Mobile vending cart Defined. _._ .. ...................... __...... _........ _.................... __... 9.1-2 Permitteduses................................................................ 9.1-7(a)(2) Mobile vendors City plaza use permit provisions ............. ._................ _ 9.1-8(a) Motor vehicle regulations—_ 9.1-5 Newspaper vending machines _... ...... ____.—.............. 9.1-7(i) Noise control ._...._-_. ....... _.......... __........................ 9.1-7(d) Performance time limits ._ ........ ......................... ............_ 9.1-7(f) Permanent and temporary structures City plaza use permit provisions .............. _.................. 9.1-8(e) Permanent construction...................................................... 9.1-2 Permits Use permits. See within this title that subject Permitted uses .... _..._....... .... ....... __......_...._.................... 9.1-7(a) Provisions, purpose ...... _......... _.............. _..................... _.... 9.1-1 Supp. No. 1 2993 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1d0 RIES IOWA CITY CODE I CITY PLAZA—Cont'd. Section Public way Defined....................................... ..................... .......... 9.1-2 Sales or exhibits by individual artists Permitted uses ...... . .......................... . .......................... 9.1-7(a)(10) Seasonal construction Defined..... . ......................... _..... _......................... ._.._...... 9.1-2 Sidewalk cafe Permitted uses .. ...... _... ........ ........ ........ .... ........ ........ ...- 9.1.7(a)(4) Signs Permanent and temporary structures City plaza use permit provisions ............................ 9.1-8(c) (2) Stairways to basements Permitted uses .............................. ............... .......... ........9.1-7(a)(4) Usableareas....................................................................... 9.1-7(b) Use of city plaza generally ................•.............................. 9.1-7 Use permits (city plaza use permits) Ambulatory vendors ...................................................... 9.1-8(b) Application procedures ....... .............. _..... — .................. _ 9.1-9 Fees_ ....... ......._....... .............._......................_....._..........9.1-10 Mobile vendors ---- -..-............------ _............. ........ _- ------ 9.1-8(a) Permanent and temporary structures ........................ 9.1-8(c) Renewal and termination .. . .................... - .... ...... _........- 9.1-11 Vending Mobile vending carts for food, flowers, newspapers, ` etc. M ., Permitted uses ........... .................... ......... ........ ........ ._ 9.1-7(a)(2) Vendors Ambulatory vendors Defined..... _...._...... ............ ............. ....... ........ ........... 9.1-2 Permitted uses .-._ --------- .................- ---------- ............... _ 9.1-7(a)(1) City plaza use permits for mobile vendors and am- bulatory vendors ... — .................. _-.-_--....-------- 9.1-8 Definitions ..... _--.-......._........-....-............------ _........... 9.1-2 Mobile vending cart Defined. --- _-........-......-..-------- ........... .........._........ .... .. 9.1-2 Zones. See within this title: Mall Zones CITY SEAL. See: Seal CIVIL RIGHTS Human rights provisions .--.----..------ IB -1 et seq. CIVIL SERVICE COMMISSION Established ...__-----_..._---_—..--•--- 2-11 CLAIRVOYANCE Fortune-tellers, palmists and similar practitioners ._.. 21.17 et seq. Fortune-tellers, palmists and similar practitioners. See that title Supp. No. 1 2994 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES tlOf1IES �- CODE INDEX CLERK. See: City Clerk CLOSING -OUT SALES Going -out -of -business and similar sales ......___....___... Going -out -of -business and similar sales. See that title CLUBS AND LOUNGES Alcoholic beverage regulations .__._...___......____..__.. Alcoholic beverages. See that title COASTERS Upe on roadway. See: Traffic CODE OF ORDINANCES$ y Altering or tampering with ....._..:__._ Amendments Catchlines, tilles, headings, notes, etc. Effect I' Definitions .... .... .____._.._---.—••--.---��.._— Designated and cited, how General penalty ... _.... __.._.._____._______. Violations. See hereinabove that subject Misdemeanors State law violations declared ......... ....... i Newordinances, effect ._.________ _ Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Penalties. See hereinbelow: Violations Repeal of ordinances Effect .._._ ................ __......___.._..__..__�..-- Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Rules of construction ... ....... __.__.._....__...... __— i Severability of parts of code Violations i Effect of repeal re penalties, etc ...... —_......... ....__ i, General penally._............._....._._..._._._�.__....._— '.. State law violations declared misdemeanor ._.._....._. Section 21-31 at seq. 6-1 et seq. 1-9 1-7 .!Note—The adoption, amendment, repeal, omisaions, effective date, explanation of numbering system and other matters pertaining to the use, construction and Interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volume.. Supp. No. 1 2995 /- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES IOWA CITY CODE 2-18 COLLISIONS Section Iowa River regulations ....... .._.............. ._.... ... _.......... 24-78 et seq. Iowa River. See that title Traffic accidents ... ... ............._._..... . .......... 23-84 et seq. Traffic. See that title COMMITTEES. See: Boards, Committees and Commis- sions COMPLAINTS COMMUNICATION SYSTEMS Broadband telecommunications franchise ..................... 14-60 et seq. Franchises. See that title Carrying Underground dsetric service . .... ... _ ... ............... M-77 et seq. Electric service (underground). See that title Telephone servi:c (underground). See that title CONCRETE PAVEMENT Council members ....... _....__..___..__ ..__ ...___._ 2-18 Mayor..... ............ __ ._..._..__._......_..__ ..._.._......_ 24 Or.:iranws saved from repeal, other provisions not Included herein. See the preliminary pages and the adopting ordinance of this code COMPLAINTS Human rights provisions CONCEALED WEAPONS 18.1 et seq. Carrying 29.06 Firearms and weapons. See that title CONCRETE PAVEMENT Excavation requirements .--.—.---.---....__— 31-21 et aeq. Excavations. See that title CONDEMNATION Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Unfit dwellings __.-- .... ____._.................................. 17-I1 Housing. See that title CONGREGATIONS Unlawful assemblies _ __._..__..__—_ 24.2 Assemblies. See that title CONSERVATION Resources conservation commission 2742 et seq. Resources conservation commission. See that title CONTRACTS AND AGREEMENTS Award of contracts 2.208 Boards and commissions services 2-102 Supp. No. 1 2996 �I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140PIES _ CODE INDEX CONTRACTS AND AGREEMENTS—Coned. Section 12-1 Emergency fire protection __._-.------ 2.45 Mayor, powers —...------- —"--- 2.204 Opening of bids --...... .. Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code CORPORATE SEAL. See: Seal CORPORATIONS 1-2 Person construed re ___.—..-----------" COTTONWOOD TREES 34.23 Nuisance trees —..----------'•—'--` Forestry. See that title COUNSEL, LEGAL 2.6 Legal department — COUNTY _ 1.2 Defined _..----'---.—_.._------.. COURT Mayor as chief city representative .._. _._...__...._._._. 2.46 COURTS Minimum housing standards re light and ventilation 17.5(d) . requirements _...._._..._.............................. _ Housing. See also that title COWS, CATTLE 7.5 Livestock running at large __..-----•---•-- Animals in general. See: Animals and Fowl CREDIT TRANSACTIONS 13.1 at seq. Human rights provisions ... ... ............ ...... _..._.—..._�- CROSS-KNUCKLES 24.66 Concealed weapons Firearmsand weapons. See that title CROSSWALKS 23.142 Designation .---------------'—• Traffic. See that title in specified places prohibited _—•-- 23.235 at seq. Parking Traffic. See that title CROWDS 24-2 Unlawful assemblies ...... _—...._.------__---- Assemblies. See that title CURB CUTS. See: Streets and Sidewalks Supp. No. 1 2997 i �— MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES IOWA CITY CODE CURB LOADING ZONES Section Parking in specified places prohibited _ __.._. 23.236etseq. Traffic. See that title CURBS AND GUTTERS Excavation requirements ___ 81-21 at seq. Excavations. See that title CURFEW Emergencies Authority of mayor 24-28 Notice ___ 24-24 Minors Arrest, custody, investigation .___.�. 24.36 Employed minors, registration __..._ 24.33 Established �__..__ 24-32 Parent's or guardian's responsibility 24-34 ., Prohibited activities in parks, etc. __,_ 26-1 Parks and recreation. See that title D DAGGERS Concealed weapons, carrying E4-86 Firearms and weapons. See that title DAMS, Dams not provided with a fishway or screen .. Nuisance provisions ................ .......... .................... ........ _. 24-101(6) DANCING AND DANCE HALLS Alcoholic beverage regulations _............ ........................... 6-1 at seq. Alcoholic beverages. See that title DANGEROUS BUILDINGS Code Adopted___—.. ....... _..... _.......... 8.31 Amendments__._.__...._..___._.._.__........___.._...-__ 8-32 Appeals..__....._.______.._......._.___......._.._....._..__ 8-33 Generally. See: Buildings Urban renewal, generally . .......................... _.................... 8-1 et seq. DEAD ANIMALS Nuisance abatement regulations ..................._... ............. 24-101 at seq. Nuisances. See that title DEFECATION Indecent exposure and conduct provisions ........................ 24.114(c) DEFINITIONS General definitions for interpreting code ^^ 1.2 Supp. No. 1 2998 , MCROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES k CODEINDER DELEGATION OF AUTHORITY Section Construed 1.2 DELIVERY TRUCKS Parking in specified places prohibited ... .......... _.. 23-235 at seq. Traffic. See that title DEMONSTRATION OR RALLY Group activities in parks ... ....... .......... .................... 25-18 at seq. Parks and recreation. See that title -Use permits for use of public ways ........................... 31-134 at seq. DEPARTMENTS Administrative code .. ......_...... ......_._ ... .._...__........ 2.180 at seq. ' Administrative code. See that title Administrative services department --------- ------_----- 2.1 at seq. Delegation of authority, construed ..... ...... ......... ... _ 1-2 Fire department ................. ..__._._..__---..._.__..— 12-37 et seq. Fire department. See that title Human rights provisions 18.1 et seq. Joint authority, construed .._....... 1.2 Legal department ._._...___-- 2.5 Parks and recreation ........._.. 25-33 at seq. Parks and recreation. See that title Personnel of city in general. See: Officers and Em- ployees Police department __.._....__. ..___—_.--_----- 29-16 at seq. Police department. See that title DESECRATION Cemetery monuments .._.._..._..._.___.----- 9.8 DEVELOPMENTS Large scale developments _....__...___._—...._-- 27-29 at seq. Planning. See that title Planning and program development Department of; director of Administrative service departments 2.1 at seq. Subdivision regulations --------- 32.1 at seq. Subdivisions. See that title Zoning requirements._ ----- App. A Zoning. See that title^ DILAPIDATED, UNSAFE BUILDINGS, ETC. Abatement. See: Buildings Urban renewal, generally ..._..—.........__-..._--. 8.1 at seq. DIRK KNIFE, ETC. Concealed weapons, carrying ........... 24-66 Firearms and weapons. See that title Supp. No. 1 2999 /- MICROFILMED BY DORM MICROLAB CEDAR RAPIDS -DES 140PIES IOWA CITY CODE DISCRIMINATORY PRACTICES Broadband telecommunications system Discriminatory practices prohibited ................ Franchises. See also that title Human rights provisions DISEASE CONTROL Rabies and disease control _.. ..._ _....... Anima's and fowl. See that title DISEASED ANIMALS, TREES, ETC Nuisance abatement regulations ........_ Nuisances. Sec that title ^ DISORDERLY PERSONS, CONDUCT AND HOUSES Accosting another person .._._........ Begging....__..___...._...._..._._..__..___.._._.._.....__ Disorderly conduct, committing „ Disorderly house, keeping ` Drinking in public Lounging and loafing .......... __...___.__.__, Sexual or offensive proposals or attentions, etc_ DISTRESSED GOODS SALE Going -out -of -business and similar sales Going -out -of -business and similar sales. See that title DISTURBANCES Library, creating disturbances in Library. See that title DITCHES, OBSTRUCTING Excavations. See that title Nuisance abatement regulations _ Nuisances. See that title DODGERS Billposters, billposting and distribution Advertising. See that title DOG AND PONY SHOWS Circuses, carnivals, menageries, etc. Circuses, carnivals, menrgeries, etc. See that title DOGS AND CATS Pet animals Animals and fowl. See that title DOOR-TO-DOOR SALESMEN Peddlers' regulations Peddlers, canvassers and solicitors. See that title Supp. No. 1 8000 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11011JES Section 14-88 18-1 et seq. 7.47 at seq. 24-101 at seq. 24-49 24-52 24.47 24.48 24.51 24.50 24-49 21-31 at seq. 20.3 24-101 at seq. 3-16 at seq. 6-16 at seq. 7-17 at seq. 16.1 at seq. CODE INDEX DRAINAGE Section Garage floor drains _............ 28-4 Mobile home park plan 22-34 Housing standards re responsibilities of owners ... 17-7(b),(d) Housing. See also that title Mobile home park plan ._._ .............................._................. 23.24 Nuisance provisions re overflow water from adjacent lands entering ditches, drains or watercourses ...... 24-301(g) Subdivision regulations _____..___.._........__._._......__. 82-1 et seq. Subdivisions. See that title DRAINAGE, OBSTRUCTING Nuisance abatement regulations ._._ 24.101 at seq. Nuisances. See that title DRAMATIC ARTS EXHIBITIONS Group activities in parks -- 26-48 at seq. Parks and recreation. See that title DRINKING IN PUBLIC Alcoholic beverages 24.61 DRIVEWAYS Curb cuts -- 81-69 at seq. Streets and sidewalks. See that title Mobile home park plan ----- 22-34 DRUGS AND MEDICINES Airport restrictions regarding use, persons under in- fluence, etc. .._. ..----.-_— 4-48 Iowa River regulations ..—_---_ — 24-78 at seq. Iowa River. See that title Nuisance provisions re buildings where narcotic drugs are kept, sold, etc., unlawfully __............... .............. 24-101(3) DUST AND DEBRIS Excavation regulations —. 81-32 B EASEMENTS. See: Rights-of-way and Easements EATING ESTABLISHMENTS Restaurant regulations .— 18-16 at seq. Restaurants. See that title ELECTIONS Campaign finance regulations Committee supporting two or more candidates or ballot issues ....__.__........._ .... 10.21 Supp. No. I $001 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DCS 110RIES IOWA CITY CODE ELECTIONS—Cont'd. Section Definitions __�....�_._._..._—_ 30-18 Limitation on campaign contributions 10.19 Purpose _........... 10.17 Reporting requirements ........... _.� 10-20 Short title ...... _........ _._............ 30.16 Violations, penalties �. 30-22 Council voting districts ..__.____._ 2-17 City council. See that title Permanent registration .—_ 10.1 Precincts Boundaries described ...... ..... __.... .... 10-35 Establishment ..___.._.__..__�..._._._.__._ 10.34 ELECTRIC FENCES Unlawful, when ...... 244(a) Fences in general. See: Fences, Walls, Hedges and Enclosures ELECTRIC SERVICE (Underground) Advances by applicant ��.. 33-81 Applicability 33.78 Cooperation by applicant __..__ 33.82 ., Definitions .. 93-77 1•:,:.,.,. Reports _ ......... ._ 33.83 _ Rights-of-way and easements _._..._.._. .......--'---"- 33.79 -; Special conditions ....___._...__....__. �. �_....____. 33.84 Street lights._.._....__..__A__.._-_,_•____...___� 33.85 Subdivision installations .................. _ 33.80 Utility provisions, other. See: Utilities ELECTRICAL BOARD Appeals......... . ............ ......... _................. _...... _................ ...... 11-27 Creation and authority .--_ ............... _.......................... .__ 11-26 ELECTRICAL CODE Adoption. . ...................... _...... _........... _........................... _.... 11.4 Amendments......... ...... __............ _...................................... 11-6 Broadband telecommunications system Compliance with electrical codes .................................. 14.84(b) Franchises. See also that title Existing buildings, compliance with code .................... 11.6 Moved buildings to comply with provisions of code .... 11-6 Violations, penalty ._.... .................................................... ELECTRICAL INSPECTOR Appointment.............................................................. _.......... 11.25 Generally..................................... _. _. _....... Powersand duties ............................. ................. _........ ....... 11-25 Supp. No. 1 8002 i FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40111ES CODE INDEX MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110IIlE5 ELECTRICAL LICENSES (Master electrician's license, Section Journeyman electrician's license, etc.) Applications_.._ ................ __............ _....... .............. ........ 11-38 iFees ___._..___.._..... ........................ ......... ..................... 11-39 '• Expiration and renewal Fees_..__........_.._.._..__........ .......... .... ..... __................. 11-39 7 Home owners exempt from license requirement ........... 11-62 Insurance requirements for master electricians ............ 11-42 Journeyman's license generally .................. ................... _ 11-43 Maintenance electrician's i Certificate, when required ............................................. 11-44 Renewal....... .............. ........... ................................................ 11-40 Required license with city .................................................. I1-41 Restricted electrician's license .......................................... 11-46 ELECTRICAL PERMITS Expiration, renewal _ ...................... ............................. _.... _ 11-49 Failure to obtain permit before starting work Triple fee for .................... _........................................ ..... 11.61 Fees Failure to obtain permit Triple fee for .................. ............. _............................... 11-61 Generally............ _.............................. _..._......_.............. 11.60 ! Renewal fee _ .................................... _.........._................_.._.. 11-49 ( Home owners Obtaining electrical permit .............................................. 11.62 Issuance generally ........... ......................... _.......... _......... .... 11.47 Nontransferable; exceptions ............... ......................... _.._ 11.46 i�. Renewal fee ....... _._.................................................... _...... 11-49 xRequired ............... _.__...... ........... _............................. .._.. 11-46 t: Revocation.............................................................................. 11-49 Transferring....... _..... ___...................................................... 1148 } ELECTRICITY (Generally) q Approval of wiring Furnishing current prior to ............ ............ ........ _ ........ 11.9 Code. See: Electrical Cndo .� Concealing work before inspection .... ......................... 11-63 Definitions............ _....... __......................... _.................... _.... 11-3 S Electrical work Defined........ __.._... ................. __........_..._......_......__.. 11.3 Existing buildings .............. .... ....._.................................. 11-7 Franchise regulations .... ............... ___........................_...... 14.1 et seq Franchises. See that title ` Housing standards re electrical systems .... ................... .17-7(f), 17-8(b) Housing. See also that title Inspections generally ... _........ ......... __............................. 11.63 s Supp. No. 1 5002.1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110IIlE5 IOWA CITY CODE ELECTRICITY (Generally)-Cont'd Section Inspector 2-166 Electrical inspector. See that title 6.16 at seq. when required ._ 11.44 Maintenance electrician's certificate; Master electrician's 11.42 Insurance requirements................................................... 31.134 at seq. Licenses. See: Electrical Licenses 11.10 Metal conduit work - ---- 22.34 . _.......... Mobile home park plan ................. _.................... \ Permits. See: Electrical Permits Provisions 11.2 Scope .._........_..._..------..._ .............. 11.1 Shorttitle.............................-.....................-.........._.__.. 11.11 Services and circuits ..... ........... ..--- --- ................................ from communications conduclors ........... 11.11 Separation Temporary electrical work ............................. .._........... 11-8 Wiring methods, other ...................................................... 11-12 EMERGENCIES 24-23 at seq. _ Curfew regulations .-- -------- Curfew. See that title EMERGENCY FIRE PROTECTION Contracts-------------- .........-....---"-'-.----- .----- ---- . _EMPLOYEES. 121 EMPLOYEES.See: Officers and Employees �.. EMPLOYMENT Human rights provisions -. ....... ....... ..._.... .__._-_- IS -1 et seq. ENCLOSURES. See: Fences, Walls, Hedges and En- closures ENERGY CONSERVATION 27.72 et seq. Resources conservation commission Resources conservation commission. See that title ENGINEERING Boards and commissions services ..... ._...... _._--- 2.102 Public works department divisions ...._.. _...._----- 2-166 ENTERTAINMENTS Circuses, carnivals, menageries, etc. ..-.----•--- 6.16 at seq. Circuses, carnivals, menageries, etc. See that title 31-1 Defined_...._...._......_..-.._----- .__......_....._...----- Streets and sidewalks. See that title Group activities in parks ----- .---.-- -----•— 26.48 at seq. Parks and recreation. See that title— 31.134 at seq. Use permits for use of public ways ......_.----- ---.----- EQUIPMENT Public works department divisions -- ------ _ - 2-186 Supp. No.1 8002.2 \ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DEs t401tlEs CODEINDEX EQUIPMENT MAINTENANCE Boards and commissions services ... ....... .__ ESTATE Person construed re .... _......... __..�.._.. ETHNIC DISCRIMINATION -Human rights provisions _..._..._.__.....__ EVIDENCES OF DEBT Personal property defined re Supp. No. 1 3002.8 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 80IIIEs Section 2-102 1-2 18.1 at seq. 1.2 CODE INDEX FINANCES—Cont'd. Section Opening of bids -.__.._.._.._..—.—.___— 2-104 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Personal property included re ._._......__ 1-2 Purchasing. See that title FINES, FORFEITURES AND PENALTIES Effect of repeal of ordinances _.._.—.—__—_—_—_ 1-6 General penalties .............. .................... __. 1-9 Violations of code in general. See: Code of Ordi- nances Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code FIRE APPARATUS Following 23.133 FIRE DAMAGED GOODS SALE Going -out -of -business and similar sales — 21-31 et seq. Going -out -of -business and similar sales. See that title FIRE DEPARTMENT Administrative service departments _._—._._--- 2-1 et seq. Chief of fire inspectors, etc ..____. 12.47 Fire chief 12-37 FIRE EXTINGUISHERS Housing standards re rooming houses, etc.. _....__.. 17-9(y) Housing. See that title FIRE HOSE Crossing 23-184 FIRE HYDRANTS Mobile home parks, in —_--_—__._...__.._.__-- 22-40 Opening of hydrants ..... _.......... _....._.._......_..___-_— 33-118 Water supply, etc., in general. See: Water and Sew- ers Parking in specified places prohibited — .... --- 23-236 et seq. Traffic. See that title FIRE MARSHAL Bureau of fire prevention, as head of .__._._ 12-46 FIRE PREVENTION AND PROTECTION (Miscellany) Airport regulations ...._ ... ........ ....._........-....__._—.__— 4-1 et seq. Airports and aircraft. See that title Supp. No. 1 3005 FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES tIOII1Es IOWA CITY CODE FIRE PREVENTION AND PROTECTION (Miscellany)— Cont'd. Section Bureau of fire prevention Established 1246 Fire marshal 12-46 Inspectors ------- ��—_ 12-47 Reports and recommendations----______._ 12.48 Code. See: Fire Prevention Code 12-24 Contracts for emergency fire protection ..................... 12.1 Flammable or combustible liquids in drama or other containers Amendments to fire code re storage and dispensing of -----..._______..._-------.._.........._.. 12.21(a) Housing standards re rooming houses, etc ........ ........... 17.9(y) Housing. See that title Liquefied petroleum gases Storage zones for _._...__......_......_.._.__......_..._ 12-20 Minimum requirements _�___.—_�...._._._ 12-24 Mobile home park requirements ....__.__......_....___...._ 22.40 New materials, processes or occupancies .............. 12.22 Penalties..__._.__--•-------.._... ...... ................. 12.25 Permits for new material, etc. ....... ... ....... _................. 12.22 Storage zones for explosives and blasting agents ....... 12.18 Storage zones for flammable and combustible liquids, etc. _........_....___...___........_.'.____._'_........ 12-19 Storage zones for liquified petroleum gases ................ 12-20 Violations, penalties ...__—....__...___...._.....__.._....._.._... 12.25 FIRE PREVENTION CODE (Uniform fire prevention 25.235 at seq. code) Adopted... _............ _....................... _............................ __ 12-16 Amendments to specific fire code sections .......... _........ 12-21 Appeals _____— 12.23 Definitions 12-17 Minimum requirements 12-24 Violations, penalties —.____—____._.—_,_. 12.25 FIRE STATION ENTRANCE Parking in specified places prohibited 25.235 at seq. Traffic. See that title FIRE ZONES Established and described 8-19 FIREARMS AND WEAPONS Cemetery restrictions ....—__...._._____.._____ 9-7 Concealed weapons ._.__ ...................__._._...____ 24-66 Discharge of firearms __.__—..___.._.__ 24.64 Supp. No. 1 $006 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MORiEs CODE INDEX FIREARMS AND WEAPONS—Contd. Prohibited activities in parks, etc ....... ._...._.__ Parks and recreation. See that title Toy guns, slingshots, similar devices ...... FIRES Parking in specified places prohibited Traffic. See that title Prohibited activities in parks, etc. _..� Parks and recreation. See that title FIREWORKS DISPLAYS Group activities in parka ...._._.__..__......._._.._........__ Parks and recreation. See that title Uniform fire code adopted, etc ....... ........... .......... ___ Fire prevention code. See that title FISH AND GAME LAWS OF STATE Nuisance abatement regulations ..... ._............... .... _.... Nuisances. See that title FISHING Dame, pumping plants, etc., not provided with a fish. way or screen Nuisance provisions ... ......... ............................. ..... Devices, contrivances or materials used to violate fish and game laws Nuisance provisions .... . ........................... __..... ............. Iowa River prohibitions Iowa River. See that title Iowa River regulations ------- Iowa River. See that title FLASHING BEACONS Parking in specified places prohibited .... ..... Traffic. See that title FLOODPLAINS Zoning requirements . Zoning. See that title FLOOR DRAINS Garages FLOWER PICKING Prohibited activities in parks, etc .............. _...... __._.._. Parks and recreation. See that title FOOD AND FOOD SERVICES City plaza, mobile vending carts for food regulated .... City plaza. See also that title Supp. No. 1 5007 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES Section 25-1 24.65 23.235 et seq. 25.1 25-48 at seq. 12.16 at seq. 24-101 et seq. 24-101(5) 24-101(6) 24.83 29-78 et seq. 23-235 et seq. App. A 28.4 26.1 9.1.7(a)(2) IOWA CITY CODE FOOD AND FOOD SERVICES—Contd. Section Pet animals in food establishments .......... .,_.... ...... Animals in general. Sec: Animals and Fowl 7.20(d) Restaurants.... ... ................. _._..._.................................... Restaurants. See that title 13.16 at seq. Rooming houses Preparation or eating of meals in, kitchen facilities, etc . ............................ ..... ........_.........._....................._. . Housing. See that title 17-9 (p) at seq. Sidewalk cafes City plaza. See that title Smoking prohibited in restaurants, etc ............. ....... ..... 24-6 Smoking. See that title FOOTBALL Playing in street ....... ........ .. 31-3 FOR HIRE CARS Taxicabs............ .. 96-16 at seq. Vehicles for hire-taxicabs. See that title i FORCED-OUT-OF-BUSINESS SALES Going-out-of-business and similar sales ._......... 21-31 at seq.. Going-out-of-business and similar sales. Seethat i title FORESTRY Arboricultural specifications and standards�_-_� 34-37 at seq. Adoption—._-___ 84.37 Certificate of approval ......_..._ 84-28 Container planting �_. 34-1B Definitions .. ~ 84-16 Diseased or dead trees .--- 34-23 Division Established, composition ___.__. 34-17 Excavations or construction Protection of trees near ....... 34-26 Forester Interference with, hindering, delaying, etc. 84.27 Office established, etc. 34.18 Improper planting of trees or shrubs 34-29 Insurance requirements, when ._.____ 84-28 Nuisances --_--- 8d-22 Permits i Issuing authority ........ 34-13(d) Supervision of work under 34-18(e) Permits for work on public property i Compliance with specifications and standards ..__.. 94-62 Excavation and construction ' 94-66 Supp. No. 1 3008 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS-DES MOIRES �^ssr�1 CODE INDEX FORESTRY—Cont'd. Section Expiration ._ ...... -'--•.—..__.._..-_—.--..—^_-'.-- 34-53 Planting, maintenance and removal ......... 34-49 at seq. Public utility installations'gq-64 84-57 Standards of issuance 34-51 Storage _ Storage 34.58 Voidance for violation of terms 84-54 Planting of trees, etc. Standards _ 84.38 Public utility installations .. 34-28 Trees. See also: Trees and Shrubbery Abuse or mutilation __.__—_ _-- 34-21 Cavities and bracing __.,, _ 34.41 Felling trees onto streets _.._..�__.� 34-20 Spraying ._._ 34-41 Tree spurs or climbers, use restricted 34-22 Trimming or pruning .___ 34.39 Trimming of trees -.. _ 34-24 Zoning requirements .��__- App. A Zoning. See that title FORFEITURES. See: Fines, Forfeitures and Penalties FORTUNE-TELLERS, PALMISTS AND SIMILAR PRACTITIONERS Licenses Application _.... __ 21-18 Fee �.—_ 21.19 Required ..�._ 21-17 FOUL OR STAGNANT WATER Nuisance abatement regulations __�.._�_—_ 24-101 at seq. Nuisances. See that title FOWL Livestock running at large ....__....�_.___..—� 7-5 Animals in general. See: Animals and Fowl FRANCHISES Broadband telecommunications Acceptance of power and authority of city .............. 14-70(d) Acceptannee of terms of franchise by grantee .......... 14-70(f) Acceptance procedures for franchise generally ......... 14-70(a) Antenna switch ........... ___.___............ _......... ......... 14.07(1) Antennas and towers Construction provisions generally ........................... 14-84(c) Antennas of subscribers ..... ...... _...„._...._.._.............. 14.07(8) Annual franchise payment .. . .................. _.................... _ 14-73(c) Annual reports .......... ...... ..... .................. _................... 14-72 Supp. No. 1 3009' MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110INES IOWA CITY CODE �--� i FRANCHISES—Cont'd. Section Application for franchise ......................................... .... 14.69 Filing fee........................................................................ 14-73(a) Authority granted............................................................ 14.66(d) Aviation requirements, compliance .._.... _................ 14-84(d) Bonds Performance bond. See within this subtitle that subject Proposal bond ...................... ......... ............................. _ 14-76(a) Forfeit.......... . ................... _....................................... _ 14-76(c) Broadband telecommunications specialist Appointment, responsibility of ....... ......... ..._........... 14.63 Channels to be provided ................................................ 14.83 Charges for services Acceptance of city's authority to regulate rates .... 14.76(d) Generally ._.._._.._.......___.................... _.................. 14-76(a) Notification of charges ..... .................. ...... ........ ... _ 14-76(b) Rate change procedure ............_.... ......... _...... _......... 14-76(g) Rates subject to other regulations ........ _...... ........... 14-76(e) Rates to be fair and reasonable ................................ 14-76(c) Reduction of fees . .......... 14.76(f) City's rights Rights reserved to city .. ...... _............. __............. 14.68 Commission. See within this subtitle: Iowa City Broadband Telecommunications Commission Complaints Service response and rebate ___..._.._____...._..._.. 14.67(j) Telephone for .......... ........................ ........................ 14.67(c) Configuration of system ................ .................... _...... _.. 14-80(b) Connections Interconnections ........... 14.86 Unauthorized connections or modification .............. 14-87 Construction standards Antennae and towers .......... __..... _......... _................ 14.84(c) Compliance with aviation requirements .................. 14-84(d) Compliance with electrical codes .... .............. 14-84(b) Compliance with safety codes ...... .._........... _..... ..._ 14-84(a) Construction timetable .._..__._......_.._....._ ... .._......... 14.79 Contravention of provisions .......... ..._... ................... .. IM4(d) Definitions ...__._....—.___.._._.___..__.._._..__...... 14.61 Description of network ___.__._ .................. _..... _... 14-80 Discriminatory practices prohibited .._.._..___.._........_ 14.88 Duration of franchise ._.—.__.._..._..____.._.._....._._ 14.66(c) Education and government Connection to broadband telecommunications net- work ..__._.._---.._�..�---...._... 14.77 Education and government access channels ........ _..... 14.88(b) Supp. No. 1 sono � MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140114ES CODE INDEX FRANCHISES—Cont'd. Section Electrical codes, compliance with ...._........................ 14-84(b) Emergency alert override ._........ . .................................... 14-83(1) Emergency removal of poles, wires, etc ..................... 14-86(m) Excavation permit _.. ................ ____....... ..................... 14-86(b) Expiration of franchise ... _..... ...... ........_............_.... _ 14-71(g) Review of franchise prior to expiration .................. 12.64(f) Extension of network . ... _._........ _.............................. 14-18 Failure to enforce provisions ........ _..... _................. _.... 12-64(c) Fairness of accessibility ............ ............... ...... .... .......... 14-88(c) Fees Charges for service. See within this subtitle that subject FM signal carriage ......................... ...... _.............. .......... 14-83(j) Forfeiture of proposal bond .._ ..... ............. _............. 14-70(b) Franchise amendable ....... ............................................... 14.66(6) Franchise binding .... ........ _ ............. _.___.._.....�__.. 14-66(i) Franchise nonexclusive ._._____..._._.._._.__._....._... 14-66(a) Franchise payment ...................... _._.......................... _ 14.78 Grantee rules and regulations _ .... _........................... 14-67(f) Grantee to have no recourse _ ........................... 14-70(c) Hazardous facilities___.._.__._..._____..._...._�.._ 14.86(c) Incorporation of proposals ......... __............. ............ 14-70(g) Indemnification of city in franchise operation ....... 14-74(b) Indemnification of franchise .... ......... ...... _..__...... _._ 14-74(a) Inducements not offered to grantee by city, etc. _.. 14-70(e) Interconnection ................ 14-86 Interruption of service; notification ............ __........ 14.67(6) Iowa City broadband telecommunications commission Appointment, terms of office of members ............ 14.62(6) Composition ._.._.._.._'._•_'____._....._`.__........._.._.. 14.62(b) Established .._._.._ . ..................... _._...... .......... 14.62(a) Powers and duties ..... ............................ _...._._....__ 14.62(c) Leased access channel __.__._......._..._..___._.__._.._... 14.83(1) Liability and indemnification ...... ......... __...__.... ..... 14-74 Local origination channel _..__.._..__.............. _ 14.83(g) Location subject to experimental need ...... ..... _......... 14.80(c) Measurement of performance ........ ......... _.._....... ._ 14.82 Office to be maintained ......... _._............. .................... 14.67(c) Operation of franchise ��__ 14-67 Other regulatory agency's rules and regulations Grantee subject to .__ .......... _........... ... 14.66(f) Payment . ............._. 14.73 Performance bond Generally ..___........ ....... .................... 14-76(b) Waiver of performance bond ...._..___._.._..._.....__ 14.74(g) Performance measurements .... .... _......... ................ __ 14.82 Supp. No. 1 8011 IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES HOMES IOWA CITY CODE 1 FRANCHISES—Cont'd. Section Poles, cables, wires, etc. Conditions of street occupancy ..................... ............ 14-85 Emergency removal of ... . .......................................... 14-85(m) Method of installation generally ................. ..... ... .... _ 14-85(f) Pole or conduit use agreements ................................ 14-65(g) Use of existing poles or conduits .................... _........ 14-85(d) Preferential or discriminatory practices prohibited 14.88 Previous rights abandoned ...... . ............. 14-66(e) Privacy of subscriber .........._ ... ...................................... 14-89 Invasion of privacy .................... _................................ 14-80(d) Privileges or exemptions must be specified ................ 14-65(c) Production studio Fixed color studio facility, etc . ............ _.................... 14.67(d) Maintenance .......... _.._.......... _.................... 14.67(c) Proposal bond .... . .... ................................... _...................... 14-75(a) Forfeitof ------- ...... __....__._......... _....._.._.__.._.... 14-75(c) Protection of facilities .................................. _........ .......... 14-85(g) Public access channels _................. ...................... _........ _ 14.83(a) Public liability Insurance .............. _............................... 14-74(d) et seq. Publication of franchise costa ........._. 14-91 Purchase by city in event of revocation of franchise, etc...... _.—___�._..__..—_.—__....—__.... 14-71 Qualifications of grantee .... _.... ................ __.............. 14.66(b) Rates. See within this subtitle: Charges for Service Records of equipment installed in streets, etc ............ 14.86(q F Regulatory jurisdiction and procedures .................... 14-64 Repeal of certain ordinances .................... ._... _...... .... 14.92 Reports ad records of grantee ......... ........... .............. .. 14-72 Required_ ...... _......... _—_.... ........................................ 14-66(a) Revocation of franchise ................................................... 14-71 Right of property __— ........... __............_.._._..—....._._ 14.05(h) Rights reserved to city --- .................. _.................. 14-68 Safety codes, compliance with ....._...___..__.._.._...._._ 14.84(a) Sale or service of television receivers by grantee ...... 14.67(h) Security fund ..__..__..._._.—.._..._..__ ........... _ 14-75(d) Service records maintained 14-67(e) Service response and rebate ..... ...... __.......... .............. .. 14.67(j) Short title ........... ............._....__._._._.. 14.60 Significance of franchise .......... — ........... ....... _........ 14-66 Specialist Appointment, responsibility of .............................. 14.68 Street occupancy, conditions of ...... _.... ____.—..... 14-85 Studios Fixed color studio facility, making available and maintaining —.. ....... — 14.67(d) Maintenance of production studios ....... ......... _....... 14-67(c) Supp. No.1 $012 r IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES CODE INDEX FRANCHISES—Cont'd. Section Subscriber privacy .... ..... ........... I ........ . ............. ....... .. 14-89 Invasion of privacy ........................ . .. .. ...... .... .. 14-80(d) Subscribers' antennas ............................................. 14-67(g) System bandwidth capability .... 14-80(a) Technical requirement, of network ........ .. . .............. 14-81 Telephone for complaints ......................... ......... . --- * ... . . ..... " 14-67(c) Television broadcast signal carriage . ......... ... ......... 14-83(i) Termination of franchise ................. . ..... ..... .............. 14-71 Time and weather programming ................... .. . . ..... 14-83(h) Transfer of franchise .... ..... .... ...................... ... .... .. 14-90 Trees Trimming of trees, authority .... ..... ..................... . .... 14.85(j) Triannual franchise review ..... . ..................... .......... 12-64(e) University of Iowa channels ....................... .. _ ......... . 14-83(c) Upgrading of facilities, equipment and service 14.67(k) Electricity. See also that title Accounting..... .................................. . .. ... ..... .. .... 14-11 Books, records and properties Company to pay reasonable expenses of city's ex- amination. ......... ................ —.— ...... . . ............ ... 14-13 Right of city to inspect .................... . .......................... 14.12 Company to hold city harmless for damages, etc..... 14.8 Company to relocate installations in, over, on, under public ways, when ................ . .......... . . ............... 14-4 Energy, company's obligation to furnish .................. 14-9 Franchise not exclusive .............. .............. . ................. 14.2 Granted.—.. .. . ........... . ........... -- ....................... . . ......... 14.1 Negligence claims Company to hold city harmless . ...... ...... . ... ..... 14-8 Obligation of company to extend service 14-7 Poles, wires, etc. Right of company to erect, etc . ... ........ ... .. ........... 14.3 Rates, determining .. . ......................... .. ........................... 14-10 Rights subject to state law ... ............ ............... .......... 14.2 Street excavations . . ......... ....... . ................. ........ . 14.6 Underground installation map, furnishing ................ 14.5 Updating of information required ..... ....... . .. ............. 14-5 Gas franchise Accounting, annual report .......... ..... 14-37 Books, records and properties City's right to inspect .... ............. . . ....... 14-38 Company to pay reasonable expenses of city's ex- amination .. ................. . ... . .......... 14-39 Company's obligation to extend mmins 14-33 Company's right to excavate streets, Jay pipes, etc...........__._ ................... ... 14-29 Supp. No. 1 3012.1 MICROFILMED BY JORM MI ROLAB CEDAR RAPIDS -OLS rloirl[s IOWA CITY CODE FRANCHISES—Cont'd. Section Damages resulting from negligence Company to hold city harmless ........... 14-34 Franchise not exclusive ... _.................. .....__.._....._.._ 14.28 Granted ...._—.—__.._..._..__-....._...._—___.._—__—. 14-27 Information, updating required ........... _...... --- 14-30 Installations in, on, over, under public ways Company to relocate at direction of council _....__ 14=3I' Maps of mains, furnishing — ............ 14-30 Obligation to furnish gas ------•---------- 14-36 Rates for service .._..-........._...........----- _.-_------------.._.. 14-30 Rights subject to state law 14-28 Rules and regulations City's right to approve or disapprove _..__-..-.--...- 14-40 Company's right to establish __............... 14-40 Street excavations --- _-------------- _- 14-32 Maps, etc. See herein specific grants Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Poles, wires, etc. City's right to use company poles, towers, etc. _._._ 14-16 Rules and regulations City's right to approve or disapprove 14-14 Company's right to establish — ... .... —.—.------ 14-14 Telephone Compliance ........ -------_.._....__-------- 14-68 Damages arising from company's negligence Company to hold city harmless —__..._...._-- 14.66 Grade, conformity 14.64 Grant not exclusive 14-68 Granted _._....____--___..--.---_--- 14-62 Poles and wires, location 14-63 Police and fire alarms ..—....__....___---_-._.. 14-67 Underground electric service ...... _._---._ 33-77 at seq. Electric service (underground). See that title FUNERALS Reserved spaces for — ............. ....._................ __—.__._ 23.248 Traffic. See that title FURNACES AND BOILERS Mechanical code _—.----- --- • --•---•^--- 8.44 at seq. Mechanical code. See that title GAMBLING Alcoholic beverage premise acts prohibited 6.2 Supp. No. l 3012.2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111Es CODE INDEX GAMBLING—Contd. Section Nuisance provisions re buildings or places where gam- , bling is carried on, etc. ............. _.... ___.-_........... .... 24.101(7) GAMES Playing in streets — _.—_-_, 81.3 GARAGES Floor drains ...................... _.......... ------- 28.4 GARBAGE AND TRASH Bulky rubbish _.—_._.._._� 16.62(b) Collection, transportation and disposal Collection, generally ---.______.._.—.—...-._y_ 16.62 Disposal, generally ...___.�__�,.,�� 16-64 Fees — ._�_ . 16.66 Transportation, generally _..—� _ 16.68 Collector's permit i Application __. 16-80 Fee —_ 16.81 Issuance _�—_-_—_—�� 16.31 Renewal—_—. 16-38 ' Required ... _..... �— 16-29 f Transferability __ — 16-82 - Containers Location _—____ 16-48 Maintenance of containers and surrounding area --_ 16-46 �.. Mobile home park requirements ..... 22-S9 Occupants to place wastes in ._--......___._.__ 16.46 Required—_— 16-46 R Specifications ...____—.-.., 16-47 r County ordinances { Effect of provisions re —_.__ _.--� 16.8 Definitions ____-�. 16-2 Director Rule-making authority—_--�_ 16-6 Disposal. See hereinabove: Collection, Transportation and Disposal 1 Housing standards re storage and disposal of garbage iand rubbish _ .................................. .... _.......... ........... 17.8(d) et seq. Housing. See that title r Inspections —..___-._.__._.._—_ 16-4 i Iowa River regulations 24-78 et seq. Iowa River, See that title Lien for services ...._... 16-6 ( Clearing of open private property by city 15.90 Limbs, brush, bundles, etc. _.__-. 16-49 Littering Aircraft dropping litter —.--___ 16.88 Supp. No. I 3012.3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES IOWA CITY CODE GARBAGE AND TRASH—Cont'd. Section Definitions ..._._...._..._ ....... _..—...._............ 16-78 Lakes and fountains, throwing litter in ............ _..... _. 16-86 Occupied private property, depositing on _....—........ 16.87 Open private property Clearing by city upon owner's failure ...... 16.90 Parks, throwing litter in ...................... _........ __..—._ 16-84 Placement of litter in receptacles so as to prevent scattering -._....._..____ ... _.............. _.--.__... 16-80 Premises free of litter, owner responsibility — 16.88 Prohibited in public places, generally ........................ 16-79 Shorttitle ................ _........................ .......... .......... ... ._ 16.77 Sweeping into gutters, etc ......... — ........ _..—..__—.._ 16.81 Throwing litter from vehic:es___...................... 16-82 Trucks causing litter, operation .._.............. 16-83 Vacant lots, throwing or depositing on ... _... —_ 16-89 Mobile home park receptacles ..— .... ......... ...--_— 22-39 Newsprint collection, regulations for ........ __... -..... . ... I6-11 Nuisance provisions re rubbish, refuse, waste, offal, etc., thrown or deposited upon streets, sidewalks, etc. ... ..................... _............ .... _... _..... _........................... 24-101(10) Permits Collector's permit. See. hereinabove that subject Pickup schedule...._—__.—.__-..,-------.--_.—_ 16-62(d) Prohibited practices 16-7 Public works department divisions ........ _...... _.._..._— 2-166 Purpose of provisions 16-1 Storage Containers. See within this title that subject Transportation — ... ...... _............ _—_..................._..__._ 16-63 Collection, transportation and disposal. See herein- above that subject Tree limbs, yard wastes, etc. Collection, transportation and disposnl--._—.__ 16-62(c) Violations City's right to withhold services —_._. 16-10 Hearings, subsequent action 16.9 Notice 16.8 Yard wastes 16.60 GAS Franchise ._ 14-27 etseq. Franchises. See that title GAS INSTALLATIONS Housing standards re maintenance of gas appliances and facilities ........ ......... ..................-........................ 17-7(g) Housing. See also that title Supp. No. 1 3012.4 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111ES CODE INDEX GAS INSTALLATIONS—Contd. Mechanical code.----—_______ Section Mechanical code. See that title B-44 at seq. Storage zones for flammables, combustibles, etc...__ Utilities, applicable and relative 12-19 et seq. provisions. See: Utill- ties GATHERINGS Group activities in parks _ ........... _ _ Parka and recreation. See that title —' 26-46 et seq. Unlawful assemblies ......_.._. _____ __ ______ Assemblies. See that title — 24.2 GENDER Words use for interpreting code .._...___,_.__ 1.2 Sapp. No. 1 8012.5 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110114[5 I CODEINDEX HEATING Section Mechanical coda .— 8.44 at seq. Mechanical code. See that title Minimum standards for lighting, heating, etc............ 17-5 et seq. Housing. See that title HEDGES. See: Fences, Walls, Hedges and Enclosures HOGS Livestock running at large ^ 7.5 Animals in general. See: Animals and Fowl HOLIDAYS Computation of time re —_______..... 1.2 HORSE SHOWS Circuses, carnivals, menageries, etc. _._..____ 6.16 et seq. Circuses, carnivals, menagerie, etc. See that title HORSES Livestock running at large ____—_..._—_ __ 7.5 Animals in general. See: Animals and Fowl Overworking, overloading, overdriving, etc. ______ 7-3 Prohibited activities in parks, eta 25-1 Parks and recreation. See that title HOSPITALS Veterinarian hospital, pet animal provisions ___..__— 7-17 et seq. Animals and fowl. See that title HOTELS AND MOTELS Human rights provisions --._ —__ 18.1 at seq. Restaurant regulations — ___.._..__._.___—_ 13-16 et seq. Restaurants. See that title HOUSE MOVERS Building permits Prerequisite to moving building to lot _..._.,__ 8.60 Definitions _._.__..___— ...._._..__-- 8.68 Deposit for expense to city 8-62 Deposits and fees Disposition _,.�—_.— __ 8.64 Electrical code provisions re moved buildings ............. 11.6 Enforcement _.__....____......—___.� 8.68 Fees and deposits, disposition .._._.__�._.�_ 8-64 Insurance_...____—_..__._._......._.._..r�_ 8.63 Licenses and permits License required �.__.____..__ 8.77 Permits Application __...._�_..._�__..__ 8-70 Building permit prerequisite to issuance _—. 8-81 Supp. No. 1 3015 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110VIES IOWA CITY CODE HOUSE MOVERS—Cont'd. Fees ._ .------------ Inspections re —_— -- Issuance —...—___ Section 8.80 8-S2 8.84 Required 8-78 Standards for issuance _ -- 8-83 Term, duration —_._.— 8-86 Limitations as to size, value and condition of build. 17.6(c) ing._..-'--'-'--...-'-------------- 8.69 Moving for purpose of storage prohibited — ----- 8-61 Parking on streets __........ 8-68 Permits. See hereinabove: Licenses and Permits 17.3(1) Permittee, duty of ............... 8-67 Route, designation _--------- 8-66 Storage on street restricted .—.--..—_- _ 8-66 Utilities, removal 8-67 HOUSE NUMBERING 17-6(f) Designation of numbers —._ .--- 31-84 Designation of streets .._.__.—.__—. _ 31-86 Division lines ...... 31-83 HOUSE OF ILL FAME Nuisance abatement regulations ------ 24-101 et seq. Nuisances. See that title HOUSE TRAILERS Mobile homes and mobile home parks --..--.— 22-1 et seq. Mobile homes and mobile home parks. See that title HOUSE-TO-HOUSE SALESMEN Peddlers' regulations ._._.._.._----- — ....... —_..—__.._... 26.1 et seq. Peddlers, canvassers and solicitors. See that title HOUSING Access Direct access to dwelling units or rooming units ... 17.6(e) Accessory structures, maintenance of ............................ 17.7(r) Air space in sleeping rooms ...... ............. _...... . ............. 17.6(c) Alterations.............................................................................. 17-7(3) Animals prohibited...__ ........................ ........... .... .... ....... ...... 174(n) Appeals Generally 17.3(1) Housing appeals board ................................................... 17-3(h) Basements and cellars Basement space may be habitable ............................. 17-6(f) Basement or cellar under entrance floor ........._......... 17.4(j) Lightingof .... -......................... __.................. ............ .... _ 17-6(f) Multiple dwellings. See within this title that subject Ventilation of ............................. .................. ........ .......... _.. 17.5(g)(3) Supp. No. 1 3016 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11011JES CODEINDEX HOUSING—Cont'd. Basic equipment and facilities Minimum standards for Bath facilities .. .... Bath required ........................ Privacy in a room containing toilet and bath Rooming houses. See within this title that subject ..,. Ceiling heights .... . .. : , Cellars. See within this title: Basements and Cellars Chimneys and smokepipes ........ Condemnation ..... .... Unfit for human habitation. See within this title that subject Courts ...... Minimum standards r c light . an . d ... ventilation ........ .. ... Covered cisterns .... ........ . Definitions .... ................................... .. Direct a ....................................................... access........ . .. .. .... . ...... .......... . .. Drainage . ................ Grading, drainage and landscaping of premises Rainwater drafirmg . ..... . ..... ......... ... .. ........ ........... . Egress, ways of f Multiple dwellings. See within this title that subject Rooming houses. See within this title that subject Electrical system, wiring ........................... .. Occupants' responsibility for . .... - ...... I . . ............... ..... ... ... Emergency orders of housing inspector . ..... ........ .. Enforcement of provisions Housing inspector authorized to administer and en. force provisions .... . ......... .................. ..... ... .. ........ Right of entry for Inspections, search warrants, etc. Exits Exterior wood surfaces Protectionof . . .................. . ..... ........................ . Extermination of pests .... Dwellings condemned as Unfit for human habitation Generally .......... . . .......................... Occupants' responsibility for extermination o`fpests Roaming houses. See within this title that subject Fences, maintenance of .......... ................... .. . ..... ... . Fir a protection systems, fire extinguishers, etc. Multiple dwellings. See within this title that subject RooMing houses. See within this title that subject Floor area per occupant ............ I . ............. .................. Garbage and rubbish Multiple dwellings. See within this title that subject Supp, No. I 3017 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS-DES 140111ES Section 17.4 17-4(d) 174(f) 17-6(d) 17-7(c) 17-6(d) 17-5(d) 17-7(k) 17-2 17-6(e) 17-7(d) 17-7(b) 17-7(f) 17.8(f) 17-3(k) 17-3 17-3 174(i) 17-7(e) 17-11(a)(1) 17-7(m) 17-8(c) 17-7(q) 17-6(b) IOWA CITY CODE HOUSING—Cont'd. Section Rooming houses. See within this title that subject Storage and disposal of, occupants' responsibility for 17-8(d) Gas appliances and facilities Maintenance of..... ............... .... _........ _... ...... ...... _ ...... 17-7(g) General provisions..... _.............. ..... __....................... 17-1 Habitable room size _ ... _.... _........ .... _.............................. 17-6(a) Heating Minimum standards for lighting, ventilation and heating._._.......... ......... .... __....... .__..... ......... 17-6 Multiple dwellings. See within this title that subject Use and operation of supplied heating facilities Occupants' responsibility......................... _............. .... 17-8(e) Housing appeals board ........... ..... _......... . ....... 17-3(h) Hearings re rent escrow................................. ......... _.... 17-13 Housing inspector Administering and enforcing provisions ...................... 17-8(a) Authority and duties re inspections ................. ... 17.3(6) at seq. Emergency orders of..... .................................................. 17-3(k) Human rights provisions ........ .... _............... ............... 18.1 at seq. Inspections Housing inspector, right of entry, violations, etc.... 17-3 Kitchens Minimum standards ....... ... ---...................................... 17-4(b) ' Rooming houses. See within this title that subject` Landscaping - Grading, drainage and landscaping of premises ...... 17-7(d) Lavatory basin required................. __.._............. ............. 17.4(e) Rooming houses. See within this title that subject Lighting, ventilation and heating Dwellings condemned as unfit for human habitation 17-I1(a)(2) Minimum standards for ...... _..... ...................... ........... 17-6 Multiple dwellings. See within this title that subject Rooming houses. See within this title that subject Use and operation of supplied heating facilities Occupants' responsibility for ............................. ...... 17.8(e) Location requirements, minimum ................. .......... 17-6 Maintenance of dwellings and rooming units Responsibility of occupants ............... ...... ....... __......... 17-8 Responsibility of owners.................................................. 17-7 Minimum space, use and location reuirements .............. Minimum standards for basic equipment and facilities 17-6 17.4 Multiple dwellings Building code Relationship of permits to building code ........ ...... 17.10(6) Cellar entrance.............................._. .......... Closets ...................... 17-10(1) _ ...... _..... 17-10(k) Supp. No. 1 , 3018..._... . MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111ES I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101tiE5 CODEINDEX HOUSING—Cont'd. Section Egress, ways of ........................ ....... ... .. .. 17-10(t) Fire escapes, ways of egress 17-10(t) Fire extinguishers .......I....... ........17-10(g) Fire Protection, heating units ... .... .. ........... ... 17-10(h) Fire protection systems, early warning .... ... 17-10(p) Garbage and rubbish disposal facilities or storage containers.................... . ............... ................ . ... 17-10(r) Heating units fire protected .... ..... ............ .......... 17-10(h) Housing code Applicability of other sections of 17-10(c) Operator to maintain orderly premises ...... . 17-10(i) Permit for operating multiple dwelling Building code Relationship of permit to ....... ................. 17-10(b) Denial of permit, hearing .............. .......... .. ......... 17-10(d) Hearing when permit denied .. .... ....... ....... ....... 17-10(d) Hearing when permit suspended . .......... ........... ..... 17-10(f) Required..................................... .......... .... . ............ 17-10(a) Revocation of permit ........ ..................... ..... ..... ... ... 17-10(f) Suspension ......................... ....... ............................... _ 17-10(e) Hearing. ...................................... ..................... ..... .. 17-10(f) Sanitary maintenance generally ...... .. ..... ......... ... 17-10(q) Screens, storm doors and storm windows Hanging............._._....................__..........._17-10(s) ... .... Scuttles and bulkheads ...................... ....... . .. .. ....... 17-10(m) Skylight access to roof . .......................... .......... . ...... 17-10(n) Storage Garbage or rubbish disposal or storage ... 17-10(r) r. Hazardous storage ........................... I . .. .... ........... . . 17-10(j) Safe storage required . . .... ....... ........ .................... . 17-10(o) Occupants' responsibility re maintenance .. .., .......... ..... 17.8 Owner to let clean units .................................... ...... . 17.7(o) Permits.. Multiple dwellings. See within this title that subject Rooming houses. See within this title that subject Peat extermination ....... ... ................. ......... . .... ....... 17-7(m) Dwellings condemned as unfit for human habitation 17-11(a)(1) Occupants' responsibility for extermination of .......... 17.8(c) Rooming houses. See within this title that subject Plumbing fixtures supplied Maintenance of .... ...... ................. . ................................ 17.7(h), 17.8(b) Provisions Legislative findings .............. . ........ . ...... ........ ............... 17-1(a) Purposes. ................................................ . ............... . .. .... 17.1(b) Scope............................. . ...... . ...................... 17.1(c) . ... .......... Title. . . . . ...... .............. . . . . ........ . .............................. 17-1(d) Supp. No, 1 3019 I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101tiE5 IOWA CITY CODE HOUSING—Cont'd, Section Public areas, maintenance .......................... 17.7(p) Public halls, stairways, etc. Lighting of .. ..... ....... . ............ 17-5(f) Rainwater drainage ... .......... .... .... ..... ... . 17-7(b) Remedies....... - ......................................................... 17-11 Rent escrow Administration ........ . ... . ... ...... .... ..... 17-13(b) Hearing before housing appeals board ............ 17-13(c) Noncompliance . .. ... .......... . . ..... .. 17-13(a) Rent increases Retaliatory conduct prohibited 17-12 Responsibility of owners Relating to maintenance of dwellings and dwelling units...................................................... 17-7 Retaliatory conduct Definition of "retaliatory conduct" .........._.......... 17-12(a) Normal lease term . .............. . ..... . ...... 17-12(e) Owner's rights ..... .. ... ... — . .... ......................... 17-12(c) Presumption of retaliatory conduct ... ................... 17-12(b) Prohibited.... ....... ...... ...... . .............. ...... ...... ........ .. . . . 17-12 Tenantdefense ........................................................... 17-12(d) Rooming houses Baths........... ..... ...... ........... ... .... .. .... ..................... 17-9(m) Location of .... . ...... .................. . .......... .... ...... - 17-9(n) Communal dining room .............. ....... .. - - - . ... ...... ..... 17-9(r) Communal kitchens ...... . ....... ... ......... . 17.9(q) Egress Waysof egress .............................. . . .................. ....... . 17.9(dd) Extermination of insects, rodents or pests .... ... ... 17.0(x) Fire detection system, early warning ............ ... ...... 17.9(nn) Fire escapes, ways of egrees . __ ...... 17-9 (dd) Fire extinguishers ..................... . ..... . . .......................... 17-9(v) Fire protection, heating unit .................... ................ 17.9(z) Floor wren Minimum area for sleeping purpose& 17-9(o) Garbage or rubbish disposal or storage ...... 17-9(v) Heating units fire protected .. - ................. .... ............. 17-9(%) Infestation - --- - ---- - ------ - ---------------------------------- ------- -------- 17-9(x) Lavatory basins ........ ... ........ ........ 17-9(l) Location of ...... . ........ ...... . ................................. .. ....... 17-9(n) Meals Communal kitchens ................ ......... ..... ... ............. 17-9(q) No cooking in rooming units .................... - 17.9(s) Preparation or eating of meals in rooming units prohibited .......... ............ . ........... ... .. .. .... 17.9(p) Supp. No. 1 3020 I IIlCkOFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES ltICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101NEs CODEINDEX HOUSING—Cont'd. Section Occupancy record card Fees........ . ............................................................ Generally ............. ...... ...17.9(c) ...... ....... Operator to control occupancy ............ .. ...... 17.9(c), 17-9(d) 17-9(f) Permits for operating Applicability of other sections of housing code 17.9(h) Application for ......... - .. ... .. 17-9(b) Denial of permit Hearing.......... ... . .................... . . . . 17.9(i) Hearing when permit denied ....... .. .... .... . ...... 17-9(i) Hearing when permit suspended, revocation 17-9(j) Issuance generally ..................17-9(c) ..... ... .. .. . .... 17.9(c) Nontransferability of permit 17.9(f) Operator to control occupancy.... .. 17.9(e) Relationship of permit to building code 17.9(g) Required............. .. .. .. ............... .... .. ....... ..... .. 17.9(a) Revocation....................................... .... ........ .... . . .17.9(k) Suspension........................................................... 17-9(j) Hearing when ..........17-9(k) 17-9(k) Sanitary maintenance .. .. . ................................... ........ Screens, storm doors, atom windows 17.9(u) Hanging of ........... ...... . ..................... 17.9(w) Shades, drapes, etc . ......... .... .......... . .... ....... 17.9(t) Sleeping Minimum floor area for sleeping purposes 17-9(0) Storage facilities Garbage and rubbish ..... 17.9(v) Hazardous storage . ..... ........... 17-9(cc) Safe storage required 17.9(66) Tailets and lavatory basins ................... .... ...... ...... ... 17.9(1) Locationof ............ ... ........... ... ..... . . . ......... 17.9(n) Sealedpassages ............................. .......................... ........... 17-7(l) Search warrants Refusal of entry for inspection purposes, etc. Screens, storm doors 17.3(d) at seq. and storm windows Installation of by occupant, etc . ........ ....... . ........... 17.8(g) Multiple dwellings. See within this title that subject Rooming houses. See within this title that subject Smokepipes, chimneys ................ ............................ 17.7(c) Stairways Lighting of ................ Storage . .... ............ ... ........ 17-5(f) Multiple dwellings. See within this title that subject Rooming houses. See within this title that subject Supplied facilities ... ............................. ........................ ..... 174(j) . Toilet facilities Maintenance of supplied Plumbing fixtures 17-7(h), 17.8(b) Supp. No. 1 3020.1 ltICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101NEs IOWA CITY CODE HOUSING—Cont-d. ' Privacy in a room containing toilet..................... Section Rooming houses. See within this title that subject 174(f) Surfaces impervious to water ............................ ...... ..... Toilet required ................... 17-T(i) . . ... . ................ ..... Unfit for human habitation 17.4 (c ) Condemnation procedures .................... . Designated and placarding as condemned 17.11(6) Removal of placard prohibited "" .... 17.11(a) .......... Enumeration of defects 17.11 (e) ................_.............................. 17.11(a) Re-occu .................. py condemned dwelling I7.11(a) ........ ... .................. Vacating condemned dwelling 17.11(d) ........ _ Use and location requirements, 17-11 (c) minimum Ventilation. See within this title: Lighting, Ventilation 17-6 and Heating Violations Failure to permit entry, penalty ..... _ Service of notice of violation 17.3(e) ........... Water and sewer system' ' "' ""' 17-3(g) Connection of sanitary facilities to .................. Water heating facilities -•- 17-4(h) Required .. ..................._._. Yards......_ .......................__.._..... 17-4(g) Minimum rear yard requirements ..... _ - .. Minimum aide yard requirements 17-6(a) � ..... _.......,,.,,.. ..__. HOUSING AND INSPECTION SERVICES DEPART. 17-6(b) MENT Administrative service departments ........___ - Assignment of services - """"" 2-1 at seq ._..._.._. ...................___.._. _ Composition --- - ................................................____......_.___. 2-136 Director ...._-_..._....-----.__......... 2-197 ...-'---..__._............. Established 2.136 ___._____.___-__,_,_�_,�_,__T 2-137 HUMANPurpose HUMAN RELATIONS DEPARTMENT 2.196 Administrative service departments Director 2.1 at seq. Appointment _........... _.__..._..._. Powers and duties , _,—� � 2453 Established ..........._..._._.._. 2.154 __ ..._.. _._._. _... .. ...._._.._..._._ Purpose 2.152 HUMAN RIGHTS 2-151 Commission Established, duties in general __ Powers In general 16.16 _._. _...___......_.-__..-_..--- 16.17 Supp. No. 1 3020.2 MCROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES CODE INDEX 24.3 HUMAN RIGHTS—ConVd. Section Records to be public, exceptions _...._.___._.._.— 18-19 Structure, composition—...__....__.__. 18-18 Definitions __._.._-..__.._... 18-1 Discriminatory practices 24.114 Aiding or abetting violations .._ 18-35 Credit transactions, exceptions _ ___ 18-34 Employment, exceptions ___ 18-31 Housing, exceptions ______ 18-32 Investigation of complaints _.._ 18.38 Conciliation results .___� 18.40 Findings and orders .._.._,__.___�_—.—_—_ 18.43 Judicial review, enforcement 18-44 Notice and hearing .__. 18.42 Proceedings upon failure to conciliate _._ 18-41 Results of investigation, action to be taken 18-39 Public accommodations, exceptions 18.33 Reports ._.____ �_ 18-37 Retaliations or reprisals 18-38 Purpose of provisions —�� 18.2 HUNTING Firearms, discharging 24.84 Firearms and weapons. See that title HYDROPHOBIA Rabies and disease control _ 7-47 at seq. Animals and fowl. See that title I ICE AND SNOW REMOVAL Requirements —._ __ 81-120 et seq, Streets and sidewalks. See that title ICE SKATING Iowa River regulations 24.78 at seq. Iowa River. See that title ILL FAME, HOUSE OF Nuisance abatement regulations _ 24-101 at seq. Nuisances. See that title IMPERSONATIONS Impersonating an officer __ 24.3 INDECENCY AND OBSCENITY Disorderliness 24.27 at seq. Disorderly persona, conduct and houses. See that title Indecent exposure and conduct .............. __........................ 24.114 Nuisance provisions re lewdness, prostitution, etc......... 24.101(7) Supp. No. 1 3020.3 PIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES IOWA CITY CODE ;110� Section INDIVIDUALS 1-2 Person construed re ----•--•-- INDUSTRIAL WASTES 33.18 Unlawful discharges -----------"-"" Water and sewers. See that title 'f INFANTS. See: Minors INFLAMMABLES 12-16 et seq. Fire prevention code adopted --------"'-- . Fire prevention code. See that title i INOCULATION 7-47 at seq. Rabies and disease control -------•--'—" Animals and fowl. See that title INSPECTION SERVICES. See: Housing and Inspection Services Department INSURANCE Boards and commissions services -------•-- 2-102 D 17(c) City plaza, insurance and indemnification City plaza. See also that title INSURANCE SALVAGE SALES 21.31 at seq. Going -out -of -business and similar sales .------ and similar sales. See that r "•'"`,I Going.out-of-business ` title Supp. No. 1 8020.4 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES CODE INDEX LAND USE Section Zoning requirements App. A Zoning. See that title LANDSCAPING City plaza regulations y,l-2, 9.1-7(a)(8) City plaza. See that title Housing standards re owner's responsibility 17.7(d) !' Housing. See also that title LEAD OR BRASS KNUCKLES Concealed weapons, carrying ......... ....... . .......... 24.66 Firearms and weapons. See that title LEGAL DEPARTMENT Boards and commissions services ................. ...._.. ........... 2-102 City attorney ..... .... ......... _.......... .. ..._.......... ........ 2.63 et seq. City attorney. See that title .. Established ......................_................_. .....................__... 2.6 LEGAL HOLIDAYS y Computation of time re ........ ......... ..................... ..... ..... _.. 1.2 LIBRARY qv Account, money appropriated, etc . .......... ......... ....... Board of•trustees Annualreport _...................... ........................... .... .... 20-22 Appointment .......... _..... _........ _...... _... ................ ..._ 20.17 Composition .._ ........... ........... _....... _._......... ............... 20-17 Contracts with others for use of library .._............... 20-21 _.` Created _....... ................................ Organization ...... ......... ..... _.__.__._..._.._..._......._.. 20-19 r Powers and duties in general �_.._....__... _. .........._... 20.20 Qualifications ......... ........... ..................................... 20-18 t Terms and compensation ............... ........................ ......... 20-19 Disturbances, loud talking, etc . ................ .................. _... . 20.3 Established @!' Nonresident use ........... _........... ... ._.......... _................... 20.2 LICENSES AND PERMITS (Note—Requirements listed hereunder are applicable to businesses, etc., in general. See also specific occupations, trades, professions, etc., elsewhere `j as indexed) Airport permits --------------- 4.37 Bicycles ..._... ........ —_,_..._..._...�___�_...._....._.._ 23.82 et seq. Traffic. See that title Building permits, code amendments 8.17 Building code. See that title " Building permits. See that title Supp. No. 1 9029 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES IOWA CITY CODE LICENSES AND PERMITS—Cont'd. Chauffeur's license Traffic. See that title Circuses, carnivals, menageries, etc. _._�...._._._..._� Circuses, carnivals, menageries, etc. See that title City plaza use permits ._ ........ ___ .... _.... ...................... City plaza. See that title Dogs and cute _______ Animals and fowl. See that title Electrician licenses ........ _... _............... _.......... ......_ Electrical licenses. See that title Electrical permits .................... '--- ............... _....._......... Electrical permits. See that title Excavation permits Excavations. See that title Fortune-tellers, palmista and similar practitioners _ Fortune-tellers, palmists and similar practitioners. See that title Garbage and trash collectors, etc. Garbage and trash. See that title Going -out -of -business and similar sales _ Going -out -of -business and similar sales. See that title House movers House movers. See that title Junk dealers Junk dealers and pawnbrokers. See that tit'.e Mobile home park licenses _ Mobile homes and mobile home parks. See that title Motor vehicle licensee Traffic. See that title Multiple dwellings, permit requirements ... .... ......... Housing. See that title Occupational licensee Application Expiration Issuance Required Revocation or suspension Park permits Parks and recreation. See that title Pawnbrokers Junk dealers and pawnbrokers. See that title Peddlers' regulations _ Peddlers, canvassers and solicitors. See that title Supp. No. I 3024 MICROFILMED BY JORM MICROLAB f.E9AR RAPIDS•DES 1101rus Section 23-120 6.16 at seq. 9.1-8 at seq. 7-67 at seq. 11-38 et seq. 11.46 at seq. 31.46 at seq. 21.17 et seq. 16-29 at seq. 21-31 at seq. 8.77 at seq. 19.17 et seq. y 22-16 at seq. 23-82 et seq. 17-10 21.2 21-6 21.3 21-1 21.4 26.48 at seq. 19-17 at seq. 26-1 at seq. CODEINDEX LICENSES AND PERMITS-Contd. Section Pet animals -_--_--- - 7-67 et seq. Animals and fowl. See that title Plumbers' licenses .......... . ....................................... ......... 28-93 at seq. Plumbers' licenses. See that title Plumbing permits .. .............. ..... _............ ............ ......... ........ 28.43 at seq. Plumbing permits. See that title Resaurants--- ...-_---- ---------------------- ............--- ......_.. 13.16 at seq. Restaurants. See that title Rooming houses, permits for ......... ....... ........ ....... ........... 17.9 Housing. See that title Sidewalk permit -------•--- g1-110 Streets and sidewalks. See that title 96-16 et seq. Taxicabs ._____--_------- --••-- Vehicles for hire -taxicabs. See that title Traffic purposes, variance permit requirements. See: Traffic Tree and forestry regulations 34-16 at seq. Forestry. See that title 23.82 at seq. Vehicle licenses __�_-------------- Traffic. See that title 23.120 Vehicle operator's license -...-------•-- Traffic. See that title 96.16 at seq, Vehicles for hire -taxicabs -- Vehicles for hire•taxicabs. See that title Zoning requirements .--_ App A Zoning. See that title LIENS City services in removal of garbage 16.8 Clearing of open property by city —.--•----••-- 16.90 Garbage and trash. See that title LIGHTING Minimum housing standards for lighting, ventilation, etc. -----•---- ............._.._......_.._........_--._... 17.6 et seq Housing. See that title LIQUEFIED PETROLEUM GAS Storage sones for .-._._.__._____.._._...-......--- --_.. 12-20 LIQUOR Alcoholic beverage regulations -- 6.1 e0 seq. Alcoholic beverages. See that title Drinking in public -- 24.61 LITTERING 16.77 at seq. Generally �-----"'--'- Garbage and trash. See that title Supp. No. I 9025 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101fiEs IOWA CITY CODE LITTERING—Cont'd. Section 24-101 etseq. Nuisance abatement regulations .. _.. ..... .._. ............. .. Nuisances. See that title 3 -23 Removal of loose paper by billposters, etc. .............._. 6.1 of seq. LIVESTOCK 7-6 Running at large ..... ......... ........... __..____.------- _....... Animals in general. See: Animals and Fowl LOTS, VACANT Animals tied, staked, tethered, hobbled, etc...__....._ .. 7.20(e) Animals and fowl. See that title 7.18 et seq. LOUNGES AND CLUBS 6-1 et seq. Alcoholic beverage regulations ... ..................... Alcoholic beverages. See that title 2478 et seq LUNCHROOMS 13.10 et seq. Restaurant regulations ..... .......... .............. —.-_---..._.�. Restaurants. See that title M 18-1 at seq. MALLS 9.1 .1 at seq. City plaza City plaza. See that title MALT BEVERAGES 6.1 of seq. Alcoholic beverage regulations ..._.....----------- ------ .......--. Alcoholic beverages. See that title MANAGER. See: City Manager MANURE DISPOSAL Pet animal prohibitions and requirements _... _............ 7.18 et seq. Animals and fowl. See that title MAPS. See: Surveys, Maps and Plats MARINE: PARADES 2478 et seq Iowa River regulations Iowa River. See that title MARITAL STATUS DISCRIMINATION Human rights provisions ............................. ............ _...... 18-1 at seq. MAY (last Monday of) 1-2 Computation of time re ........_ ---------- ........_..__.-------- ---- _. MAY, SHALL 1-2 Defined.......................... ....._....__.__.._..------ ........ MAYOR 2-42 Absenceor inability .................... _.......... _.......... _........... .. 2.180 at seq. Administrative code ...... .... ............. ....._...................._........ Administrative code. See that title Supp. No. 1 3026 MCROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110IIIEs MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES rroltlEs CODE INDEX MAYOR—Contd. Section Chief city representative...._. ............. _..... _.............. 2-46 Compensation.......... ..... _...... .... __...... _........... _................ 2-44 Contracts, purchasing, etc. Powersto................... _..... _..._..___....__.._...__........_.._ 2-46 Mayorpro tem ............ .... __..__.._......—..._........... __... 2.42 Powers ... 2.46 Voting rights...... ........ _..---..__...._._.___....—_.._.... 2-43 Council meetings and procedures. See: City Coon. cil MEAT AND MEAT PRODUCTS i Poison meat exposed to animals...._......._................. ... 7.4 c Animals and fowl. See that title MECHANICAL CODE { Adopted... .... ......... _............ ............. ........ .......... .... .. _... 8-44 Amendments ....................... ........... .. .... 8.46 iAppeals ...................................................................... ....... 8.46 s Conflicts in provisions .... ..... .. __....... ............ B-47 Minimum requirements................................. ...... _. 8-47 Violations 6 Violation notices; stop-work orders; penalty; abate- s. ment................. ................................... _...... _.... _......... 8.48 MEDICINES. See: Drugs and Medicines MEETINGS p Smoking prohibited in public meetings .... ... 24-6 Smoking. See also that title ! Unlawful assemblies ................. _._........ __......_ 24.2 f Assemblies. See that title ( MENAGERIES :f Circuses, carnivals, menageries, etc. —....___.—_.._._ 6-16 et seq. Circuses, carnivals, menageries, etc. See that title METAL CONDUIT WORK Electrical regulations ........................................... 11-10 Electricity (generally). See also that title METALLIC KNUCKLES Concealed weapons, carrying _..__....._.._.__—�_. 24-66 Firearms and weapons. See that title MIND READERS Fortune-tellers, palmists and similar practitioners ._ 21-17 et seq. Fortune-tellers, palmists and similar practitioners. See that title MINORITY RELATIONS Human rights provisions...._._._._.......... ............ _.... 18-1 at seq. i Supp. No. I 3027 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES rroltlEs IOWA CITY CODE MINORS (Juveniles, children, infants, etc.) Alcoholic beverage regulations Alcoholic beverages. See that title Curfew provisions ------- Curfew. __Curfew. See that title Iowa River regulations ...... _.._......... ....... _.—___..._ Iowa River. See that title Junk dealers and pawnbrokers purchasing from _— Junk dealers and pawnbrokers. See that title MISCELLANEOUS PROVISIONS. See: Offenses and Miscellaneous Provisions MISDEMEANOR Construed MISSILES, BALLS, ETC. Prohibited activities in parks, etc. _ Parks and recreation. See that title Throwing balls in streets _ — MOBILE HOMES AND MOBILE HOME PARKS Applicability Definitions �. Nonconforming parks Applicability Park licenses Applications __------- F . ____.Fn Investigation of applicant Issuance Posting Required Revocation Park standards Animals and pets Clearance between between homes Drainage Driveways Electrical outlets Fire protection Garbage receptacles Location restricted Off-street parking Park plan .._ Patios Public- lighting Sanitation facilities Service buildings _ Supp. No. 1 8028 FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110IDES Section 6-1 at seq. 24.32 et seq. 24-78 at seq. 19-3 1-2 26-1 31-3 22.3 221 22-3 22.17 22.19 22-18 22-I8 22.20 22.16 22.21 22-41 22.34(4) 22.34(1) 22.34(6) 22.34(8) 22.40 22-S9 22.33 22.34(10) 22.34 22.84(8) 22.34(7) 22.36 22-84(g), 22-37 1 i CODEINDEX MOBILE HOMES AND MOBILE HOME PARKS—Cont'd. Section Sewage and refuse disposal .______._— 22-38 Space requirements 22-34(2) Supervision 22.42 Walkways ----------- ---..__ 22.84(6) Water supply _.___..._._-- 22-36 Retaliatory conduct 22-2 MOBILE VENDORS City plaza, regulations for ............................................ 9.1-1 et seq. City plaza. See also that title MOBS Unlawful assemblies 24-2 Assemblies. See that title MONDAY Computation of time re _._____ —_ 1.2 MONEY Personal property defined re __ __ 1-2 MONEY OF CITY. See: Finances MONTH,YEAR Defined 1-2 MONUMENTS Cemetery monuments, defacing 9-8 Preservation during excavation 81-87 MOPEDS Traffic regulations ....... .... ......................... ...__................. 23-1 at seq. Traffic. See that title MORALS OFFENSES. See: Indecency and Obscenity MOTOR VEHICLES AND OTHER VEHICLES Billposters, billposting and distribution —__—_ 3.16 et seq. Advertising. See that title Cemetery regulations 9-6 Cemetery. See that title City plaza, motor vehicle regulations in .- .......... _.......... 9.1-6 City plaza. See also that title Litter thrown from _ _ 16-82 Nuisance abatement regulations _.._._ 24-101 et seq. Nuisances. See that title Prohibited activities In parks, etc. 26.1 Parks and recreation. See that title Storage of obsolete motor vehicles or junked vehicles Nuisance provisions _ .................................. _........ _....... .. 24-101(13) Supp. No. 1 3029 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11I01MIs IOWA CITY CODE MOTOR VEHICLES AND OTHER VERICLES—Cont'd. Section Traffic regulations .._ _._....... .............. .................... 23-1 at seq. Traffic. See that title Transportation of garbage and trash .._................._....._ 16-63 Garbage and trash. See that title MOTORBOATS Iowa River regulations . ... .... ............. ........ _.... .--- ..._..------ 24-78 et seq. Iowa River. See that title MOVING BUILDINGS. See: House Movers MUFFLERS ON BOATS lowu Inver regulations .... ..... .......... .................. .... .... ... 24-78 et seq. Iowa River. See that title MULES Cruelty to animals .._ .................._.._..._..__.____.._......— 7-3 MULTIPLE DWELLINGS Housing standards 17-10 etscq. Housing. See that title MUNICIPAL LIBRARY. See: Library MUNICIPAL SEAL. See: Seal / MUNICIPALITY. See: City l MUSICAL EVENTS Group activities in parks ......................... 26-48 at seq. Parks nod recreation. See that title MUSICAL INSTRUMENTS Nuisance abatement regulations ......... 24-101 at seq. Nuisances. See that title N NARCOTIC DRUGS. See: Drugs and Medicines NAVIGATION Iowa River regulations . ...... ........ _------ ..------ ------------- ----- 24-78 at seq. Iowa River. See that title NEGRO RACE DISCRIMINATION Human rights provisions ..... ........... _......... _................ 18.1 etseq. NEWSPAPERS Newspaper vending machines City plaza, location at ... ... .... .. .. 0.1-7(i) Regulations for newsprint collection ._. ............. 15.11 NIGHTCLUBS AND LOUNGES Alcoholic beverage regulations __.—._____._..__— 6.1 at seq. Alcoholic beverages. See that title Supp. No. 1 3030 f `'wnrl BICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES M0ft1ES I CODEINDEX NOISE Section City plaza, noise control at III -7(d) City plaza. See also that title Excavation requirement, .... .._............. 31.32 Disorderliness .. 24-27 et seq. Disorderly persons, conduct and houses. See that title Nuisance abatement regulations ................ .. 24-101 et seq. Nuisances. See that title Performance standards Zoning requirements ................ ............. 'laving. APP. A See that title Tires squealing, etc. ................. I. ......... _.... .. ...... 23-137 Traffic. See that title NOMINATIONS FOR OFFICE Election procedures .... 10.1 et seq. Elections. Sec that title NOTICES AND ORDERS Administrative code _ 2.180 etseq. Administrative code. Sue that title NOVEMBER ELEVENTH Computation of time re .._..... ........... ............ 1.2 NUDITY Indecent exposure .._._......... ._...— 114 NUISANCES Abatement.. .. ......... ............. ...__......... 24-102 Dead or diseased trees, etc. ........ _..._...— .... 34-23 et seq. Forestry. See that tido Enumerated.... ._.__... .-.--_............. ...... ............. .. 24.101 Pet animals ...._. .... ... . ...... .... .............._--- ............ Tree and forestry regulations _...._....__ ... 7-19 34-10 et seq. Forestry. See that title Weed control provisions 34-73 Weeds and brush. See that title NUMBER Word usage for interpreting code ._.................. 2 NUMBERING OF BUILDINGS. See: House Numbering 0 OATH, AFFIRMATION, SWEAR OR SWORN Cityclerk .... ............ .... ................. ............. 2-75 Defined_..... ............. ....... ._. ... _. 1-2 Supp. No. 1 3031 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101NES IOWA CITY CODE OBLIGATIONS OF CITY Section Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code OBSCENITY. See: Indecency and Obscenity OBSOLETE MOTOR VEHICLES OR JUNK Nuisance abatement regulations --.___—___ 24-101 et seq. Nuisances. See that title OCCUPATIONS Occupational licenses in general 21-1 at seg. Licenses and permits. See that title OFFENSES AND MISCELLANEOUS PROVISIONS Generally --------...----.--.---.------.._.. 24.1 at seg. Specific penalties, remedies, regulations, etc. See specific subjects Misdemeanor, construed 1-2 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code State law violations declared misdemeanor 1-8 Code violations in general. See: Code of Ordi- nances OFFICERS AND EMPLOYEES Administrative code ----._ 2-180 at seg. Administrative code. See that title Boards, committees and commissions ----- 2-100 Boards, committees and commissions. See that title City attomey —_ 2.03 at seg. City attorney. See that title City clerk ..___.__—..—.�_. 2-75 et seg. City clerk. See that title City council __ 2-17 at seg. City council. See that title City manager 2-64 et seg. City manager. See that title Civil service commission 2-111 Gods references to specific officials, boards, commis - missions, eta Rules of construction for interpreting code __ 1-2 Compensation, salaries, etc. Councilmen 2-18 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Supp. No. 1 3032 � MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401?4ES i CODE INDEX OFFICERS AND EMPLOYEES—Contd. Other matters relative to compensation of particular Persons; See specific officers, boards, depart- ments, etc. Delegation of authority, construed Departments in general Departments. See that title Director of parks and recreation Parks and recreation. See that title Elections Elections. See that title Electrical inspector........................................................ .. Fire chief Fire department. See that title Fire marshal Forester Forestry. See that title Housing inspector ._. ...................... _..._......___....__........ Housing. See that title Human rights'Provisiona Impersonating an officer Joint authority Construed Mayor Mayor. See that title Personnel practices Boards and commissions services _ Establishment Notice _ _.___ Plumbing inspectors........._......_...............___.._............_.._ Plumbing inspectors. See that title Police chief Police department. See that title Weed official Weed control. See: Weed and Brush OFFICIAL HEAD OF CITY Mayor as Supp. No. 1 8032.1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIHEs Section 1-2 2-1 at seq. 25-34 30-1 at seq. 11-26 12-37 12-46 34.16 etseq. 17-3 at seq. 18-1 at seq. 24.3 1-2 2-42 at seq. 2.102 2.87 2.88 28-19 at seq. 29.18 34-71 etseq. 2-46 CODE INDEX PLAN COMMISSION Section Composition 27.16 Established ..... ........ . . ........ ... .. . . ... ... .... . 27-16 Large sale developments .... ..... ............... ... . .... ... .... 27-29 at seq. Planning. See that title Powers and duties ... .. .............. .. ... .......... 27-17 PLANNED DEVELOPMENTS Zoning requirements ... ...... . ...... .......... ..... ... ................. App. A Zoning. See that title PLANNING Large scale developments Nonresidential Building permits ........... ........ .................... .. .... .... 27-43 Councilaction ......... . .. ........... . . ................... .. .. ...... 27-44(d) Definition...... . ................................. . ......... ....... ..... 27-36 Exceptions to provisions ........................ . .............. 27-44 Finalplan ...... ......... ............. .......... .................... . 27-40 Final plan fee . .......... . ........ ....... .......... .. _ .. . .. 27-41 Improvements... . ................... . 27-42 . ............. . ........ . .......... Limitations. ........ . ............. ............. ... ........ .. ....... 27-44(6) Modification requirements ......... .......... .. ........ ... .... 27-44(a) Procedure Preliminary approval ...... . ...... 27-39 Preliminary plan .. . ...................... . ... .... . .... ......... 27-37 Preliminary plan fee 27-38 Temporary buildings ...... 27-45 Unusualplans ... . .. . ...... ............................. ........ .... 27-44(c) Residential Application for approval 27-54 Building permit requirements ....... 27-53 Changes and amendments 27-60 Councilaction ...... . ............... . .... . ..................... 27-59(d) Definitions 27-52 Exceptions 27-69 Final approval 27-57 Final plan 27-56 Improvements 27-58 Limitations 27-59(b) Modifications of requirements 27-50(a) Preliminary approval 27-65 Unusual plan 27-59(c) Resources conservation commission ... .......... ................ 27-72 at seq. Resources convervation commission. See that title Urban renewal, generally ... .............. 8.1 at seq. PLANNING AND PROGRAM DEVELOPMENT Department of; director of Administrative service departments .......... ............. 2-1 at seq. Supp, No. 1 3037 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES r,101tits IOWA CITY CODE PLANTING Tree and forestry regulations ---•--- Forestry. See that title PLATS. See: Surveys, Maps and Plats PLAY STREETS Designation ------- PLAYGROUNDS. See: Parks and Recreation PLAYING GAMES Streets, in .-- -- PLAZA Cityplaza ............ _......_.._....._._--------- ------ _------- -_......._... City plaza. See that title PLUMBERS' LICENSES (Master plumber, Journeyman, etc.) Application Fees ...___ _.—.....---...._.... _ Generally --.....__.._._.___.._—_._..--..._.—._..._...._.. Bond and insurance ....._..._-_.-..--------- ----------------• - Display of license ......... ........... ... ..... ___------------------ ,- Examinations Generally ..... ._... ............. _........ _........_...._..______.._.... Re-examinations ......................... ........................ ._ ... ...... Waiver of examination ...... _..... ..... _.....__------_---- .._ Renewal fees __.__.._._.___._.._...._._........_....._..... Issuance of licenses generally _.._ ......................__.... -..... Licensing standards generally ............... ......... ..... ...... Plumbing board of examiners Duties re issuance of licenses, etc . .... ..... .... ........ .._.. Plumbing permits. See also that title Renewal of licensee ................... _................ .......... . Required._____--__....—_---------------- ------- —.._...------_-- Revocation_...._._......_.._......_...._._............ ...................... Transferring-------..._.__............__......------_--................. PLUMBING (Generally) Administration and enforcement ... ........ ..... ................. _ Board of examiners. See: Plumbing Board of Ex- aminers Code Adopted Amendments Minimum requirements Supp. No. 1 3038 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401fiES Section 34.16 et seq. 23.141 31.3 9.1.1 et seq, 28-36 28-34 28-38 28-42 �.M•.., 28-36 28-37 28-40 28-36 28-39 28-36 28-36 28-36 28-39 28-33 28.41 28.41 28.18 at seq. 28-2 28.8 26-6 1 CODE INDEX PLUMBING (Generally)—Contd. Section Connection with Y's Definitions 26 6 —.__ Enforcement 281 Excavation requirements -18 et seq. 28 28-21 _ _,_ Excavations. See that title et seq. Garage floor drains -.___ Housing standards re maintenance of supplied plumb. 28-4 ing fixtures ..................................( ................... Housing. See also that title 17-7 h ) Inspections._.................................._......._...._. _ Plumbing inspector. See also that title 28 10 Licenses, See: Plumbers' Licenses Mechanical code ............. _, �— 8.44 et seq. hfechnnicai code. See that title Minimum requirements 28-6 Mobile home park regulations. See: Mobile Homes and Mobile Home Parke Nuisance abatement regulations 24-101 at seq. Nuisances. See that title Penalties. See within this title: Violations Plumbers' licensee. See that title Plumbing inspector. See that title Violations r Notices of .............................. ..... .................................. .... Penalties _........_._ .............................. 28.21e ( ) .-....... Y connections c __..___.......---.—'_--'......_._..._...._............ 28.22 28.21(6) ................_. ....._...._...._.............................. 28.6 PLUMBING BOARD OF EXAMINERS Appointment of members _ .................. _....................... ... ... Compensation of members 28.18(b) .. .......... _._......... —..._._... _.... Composition...... i 28-18(b) ........ .._........... _....................... ....... .......... 1 Created 28.18(b) ......................... ...... ___.............. _._.................. Duties 28.18(x) ......... .................. ..... ................................................. Established 28.18(d) _........._......__......_ _. _.... Grievance board—- 28-18(a) Board of examiners shall serve as ................. _........._... 28-18 Membership generally __.._...... _.. Plumbers' licensee. Sea that title 18(b).............__. 28- Qualifications of members _ ..................................... ........ .. 28.18(6) Quorum for transaction of business ...... _....... ... 28.18(c) sTerms of office of members ............. .............. .............. 28.18(c) PLUMBING INSPECTOR Duties.__.......__.__.._._...... __.__...... _..................... Excavations, direction and approval of 28-20(a) 1 ._.......................28-20(d) Inspections general) Y....._ ........................................... ..... i Supp. Na. 1 28-19 3039 PIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES dl0 RIES IOWA CITY CODE PLUMBING INSPECTOR—Cont'd. Right of entry .. . ...................................... Stoppingwork..__.......................................................... .... Violations, duties re ... ................... _._..................... ............. PLUMBING PERMITS Allowing persons to do work under permits secured by permittee. ............ _... _............... .... _... . Application for permit ._.... . ............. ......._...._.....__..._.. Commencing work without obtaining permit Double fee required _..__ ........................ _.................. .... Display of permit ....... ................ _................................ ......... Fees Double fee required when commencing work without permit..... _................................... . Generally .................... _.... _._.._............... _. .. .................... Renewalfee ... ......... ._............ .......... ........_.........._... Issuance generally ...................................... _.... __........ ....... Issuance no waiver of plumbing regulations ........I ...._ Owner of dwelling, issuance of permit to ................. ... . Permittee Allowing other person to do work under permit se- cured by permittee ._.__ .... _...................... _........... Issuance to owner of dwellings .......................... _. Qualifications to obtain permit ................................... Plumbing licensee. See also that title Renewalfee .......... . .................. __... _.... ............ _................ _ Required— ... —.... ... -..... —.... ............. _.............................. Work not requiring .... ................ _._.................... ........... Separate permit shall be obtained for each structure .. Time limitation on permit ................................................. POISON Poison meat iAnimals and fowl. See that title ! POLES AND WIRES Animals tied, staked, tethered, hobbled, etc. Animals and fowl. See that title Broadband telecommunications system, provisions re ! poles and wire, conduits, etc. See: Franchises ' Electrical franchises regulated - Franchises. See that title jTelephone franchise Franchises. See that title Underground electric service Electric service (underground). See that title Supp. No. I 3040 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101RES 1 Section 28.20(b) 28.20(c) 28.21 28.43(d) 28.46 28-47 28-47(c) 28-47 38-48 28.47(x) 28-46 28-47(b) 28-46(b) 28-43(d) 28-46(b) 28-46(a) i 28-47(a) 28-43 28-44 28-43(b) 28-47(a) 74 7-20(c) 14-1 et aeq, 14.62 at aeq, 33.77 at aeq. CODE INDEX POLES AND WIRES—Cont'd. Underground telephone service.________ Section - Telephone service (underground). See that title— Utilities, applicable 33-97 et seq. and relative provisions. See: Utili- ties POLICE AND FIRE ALARMS Franchise responsibilities ------------- Franchises. See that title ------------ --• 14-87 POLICE DEPARTMENT Administrative service departments __,__._ Aid, summoning ------.... 2.1 .--_..___-__-_�_^___.__ Arrests ----_--•--..._ et seq. 29.1 Obstructing officers •___ - _ Summoning aid, refusing to assist -•-" Chief of ---••_-... 29.2 police _ ___ Civil service rights of department personnel,___,_ Duties in 29.1 29-18 general �•�_ Established ...... -__—"--`-�-- 29.19 29-17 ... False alarms �_.-_`•_ 29.19 _ Impersonating or. officer ----- officers _,.�•__ Prisoners, Obstructing 24.3 communication with --- 29.2 POLLUTION 29_g Industrial waste discharges unlawful, when ._.,.,,_ -- Water and sewers. See 83-18 that title Performance standard, 2ening requirements __ Zoning. See that title-___-.-__-- APP. A PONY AND DOG SHOWS Circuses, carnivals, menageries, etc. _^_ Circuses, carnivals, menageries, —See 8.18 et seq. etc. that ti_tle POSTERS Billposters, billposting and distribution Advertising. See that title `�-- 3.10 at seq. POUND OR SHELTER FOR ANIMALS Established Animals and fowl. See that title _—�-- 7.22 POWER LINES. See: Poles and Wires PRECINCTS Election precincts established and described ___� Elections. See that title 10.34 at seq. Supp. No. 1 3041 iIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES Mo I9Es IOWA CITY CODE PREJUDICE AND DISCRIMINATORY PRACTICES Section Human rights provisions -- 15-1 at seq. PRINTING Written, in writing, etc., construed re �___ 1-2 PRISONS AND PRISONERS Communicating with prisoners __ 20.3 PROCESSES. See: Writs, Warrants and Other Proc- esses PROFESSIONS Occupational licenses in general ...... _____.._.._ 21-1 et seq. Licenses and permits. See that title PROPERTY Abuse or mutilation of trees on public property Tree and forestry regulations — 34-10 et seq. Forestry. See that title Damaging, defacing _ 24.1 Vandalism. See that title Definitions and rules of construction _ 1-2 Nuisance abatement regulations—_._�__ 24-101 et seq. Nuisances. See that title Ordinances saved from repeal, other provisions not _ !�""° included .herein. See the preliminary pages and the adopting ordinance of this col, Zoning requirements ._._.—__�.__ App, A Zoning. See that title PROSECUTIONS Administrative code _. _ 2-180 et seq. Administrative code. See that title PROSTITUTION Disorderliness ___ 24-27 at seq. Disorderly conduct, persona and houses. See that title Nuisance provisions re buildings, places, etc., where prostitution Is conducted, permitted or carried on 24.101(7) PRUNING OF TREES Tree and forestry regulations � 34-10 at seq. Forestry. See that title PUBLIC BUILDINGS Maintenance of grounds and buildings Boards and commissions services 2.102 Supp. No. I 3042 f IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES tIDItIES CODE INDEX PUBLIC ENTERTAINMENTS Group activities in parks Secti action on Parks and recreation. See that title 2548 eeq. Use permits for use of public ways 31-134 at seq. PUBLIC HEALTH. See: Health Sanitation and PUBLIC LIBRARY. See: Library PUBLIC NUISANCE, See: Nuisances PUBLIC PLACES Smoking prohibited in ............................. . ............24.6 Smoking. See also that title Urination or defacation in ........... ............. ....... ...... .... ..... PUBLIC RECORDS 24-114(c) Boards and commissions �_ City clerk as custodian 2-103 .__— City clerk. See that title g 94 PUBLIC SAFETY Boards and commissions services _.__._..�,...._.�_. 2-102 PUBLIC UTILITIES. See: Utilities PUBLIC WORKS AND IMPROVEMENTS Boards and commissions services � 2.102 Large scale developments _ Ordinances saved from repeal, other 27-20 et seq. provisions not Included herein. See the preliminary pages and the adopting ordinance of this code Planning Planning. See that title 27-1 et seq. Subdivision regulations ..__ 32-1 et seq. Subdivisions. See that title PUBLIC WORKS DEPARTMENT Administrative service departments _ 2-1 et seq. Assignment of functions _�_ 2.168 Director Divisions 2.167 _ PUMPING PLANTS 2.100 Pumping planta not provided with a flshway or screen Nuisance provisions .......... __.................. 24.101(6) PURCHASING Boards and commissions services 2.102 Financial procedures _� Contracts and agreements. See that title 2-204 et seq. Finances. See that title Supp. No. 1 5042.1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 14010[5 i IOWA CITY CODE PURCHASING—Cont'd. Section Mayor, powers .._._...._—_.__.... 240 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adapting ordinance of this code PUTRID SUBSTANCES Nuisance abatement regulations _._ 24-101 at seq. Nuisances. See that title Supp. No. 1 3042.2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 14011IES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11011jEs CODE INDEX SHALL, MAY Defined __._ Section SHEEP —_—� "— 1-2 Livestock running at large ._.�. _ Animals in general. See: Animals and Fowl 7.5 SHELTER, HOUSE OR BUILDING Prohibited activities in parks, etc. yParks and recreation. See that title - 26-1 ' SHELTER OR POUND Created i Animals and fowl. See that title '— 7-22 SHIPPING i Iowa River regulations ......__..._..__._. ' _ Iowa River. See that title' 24-75 et seq. SHOOTING Firearms, discharging_........ ...... .....__..____.___ Firearms and weapons. See that title 24-64 1 SHOTGUNS Firearms, discharging..........__ d .. _............... Firearms and weapons. Sce that title �� SSee SHOWS 29- 64 Circuses, carnivals, menageries, etc. Circuses, carnivals, menageries, etc. e that title Se SHRUBBERY. See; Trees and Shrubbery. See also: For. i' entry SIDEWALK CAFE r City Plaza, sidewalk cafe regulated in a ............. City plaza. See that title '""'-""" C SIDEWALKS. See: Streets and Sidewalks ' SIGNATURES Written, in writing, etc., construed re ........... ........ SIGNS AND 13ILLBOARDS 12 A Animals tied, stoked, tethered, hobbled, etc. � Animsls and fowl. See that title 7.20(e) BillPosters, billPoating and distribution _..._____. Advertising. See that title - 3-16 et seq, ' .r City Plaza, permanent and temporary structures at Sign regulations ..._.__..._..._....._.........'-- City Plaza. See also that Parks and Playgrounds f 7 Tearing down or destroying signs ........... . ................. 26.1(4) Supp. No. I 3097 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11011jEs MCROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111ES IOWA CITY CODE Section SIGNS AND BILLBOARDS—Cont'd. -- APP. A Zoning requirements-----------" _"._-••"-- Zoning. See that title SKATING ___---_._ 24-78 of seq. Iowa River regulations .------------•""'-" See that title Iowa River. Use of roller skates on roadway. See: Traffic SLINGSHOTS......,_. 24.06 . Discharging ................ _............ .._...-_.._--.... Firearms and weapons. See that title SLUM DISTRICTS - 8.1 at seq. Urban renewal, generally ................ SMOKING_ —. 4.65 at seq. Airport restrictions........ ....................._-..._....._...__ Airports and aircraft. See that title Sale of cigarette papers in violation of stat used for 24.101(4) Nuisance Provisions re buildings or places in designated areas 24.5(a) Smoking prohibited Certain areas where smoking Prohibited _........... - 24.5(b) Definitions.._..-.....-_.-__._."_.._—....__................... .. 24.5(f) Designation of smoking area................................. 24-6(e) (,.. "No smoking" areas Posted .........._...._.................ill-. public places (municipal build. Public meeetings and loge, bars, restaurants, retail stores, public con. loge, .., 24.5(b) . ............... Defined .... --._........a as Smoking prohibited in certain arena -- --- 24.5(c) 2A-6(a) Purpose of provisions .................... .... _ - -- g4.6(d) Responsibility of proprietors ... .......... _. •.- 24.5(8) Violation not a misdemeanor .-- .. .. ................... SNOW REMOVAL...,-_-,__ 31.120 at seq. ................ . Requirements .-."'-""-"' Streets and sidewalks. See that title SNOWBALLS 31.3 Throwing in streets ........... ---- SOLICITORS- 26-1 at seq. Peddlers regulations-....... solicitors. Sec that title peddlers, canvassers and SOLID WASTE DISPOSAL -_ _ 16.1 at seq. Garbage Provisions ........_...... .__.-..—. Garbage and trash. See that title 2-166 Public works department divisions-------••----'•-'-` Supp• No. I 3046 �nrau,- MCROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111ES R CODE.INDEX SPECIAL ASSESSMENTS Section Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code SPORTING EVENTS Group activities in parks .._ .......... _.._............. .... .... _.._ 25-48 et seq. Parks and recreation. See that title SPRAYING OF TREES ' Tree and forestry regulations ......_.... ........ ................. _.. 34-16 et seq. Forestry. See that title STAGNANT WATER Nuisance abatement regulations ............... ._............... .. 24-101 et seq. Nuisances. See that title STAMPS Written, in writing, etc., construed re ._..... _. 1-2 Supp. No. I 3048.1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DF.S IIOIRES CODEINDEX SURVEYS, MAPS AND PLATS Fire zones ._ ......................... _.........._ Franchise maps for various utilities. See: Franchises Grades of sidewalks, streets, etc. See: Streets and Sidewalks Monuments, preservation during excavation ............ Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Plan commission duties ........ _....... Plan commission. See that title Precinct boundaries described ..... ..................... Elections, See that title Resources conservation commission Resources conservation commission. See that title Subdivision regulations . ....... Subdivisions. Sec that title Zoning requirements ....... Zoning. See that title SWEAR OR SWORN. See: Oath, Affirmation, Swear or Sworn SWIMMING Iowa River regulations ........ Iowa River. See that title SWINE Livestock running at large ............ _...... Animals in general. See: Animals and Fowl T TAXATION Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code TAXICAB STANDS Traffic regulations relative to lending and unloading Traffic. See that title TAXICABS. See: Vehicles For Hire -Taxicabs TELECOMMUNICATIONS Broadband telecommunications franchise Franchises. See that title TELEPHONE COMPANIES Franchises ....... _._....................... Franchises, Sea that title Supp. No. 1 3053 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401REs Section 8-10 31-37 27-17 30.35 27-72 at seq. 32-1 at seq. App. A 24-78 at seq. 7-5 23-287 at seq. 14-50 et seq. 14-52 at seq. IOWA CITY CODE TELEPHONE SERVICE (Underground) Applicability _................_. . Connection to existing systems -_ Cooperation by applicant Definitions........................................................................ ..... Rights-of-way and easements ......... . Special conditions ............................ Subdivision installations ........ .... ..__._..__.._..._._.......... TELEVISION Broadband telecommunications franchise _..._ . Franchises. See that title TENSE Words used for interpreting code ._..__.._..___....___ TENT SHOWS Circuses, carnivals, menageries, etc ..... _............. ......... Circuses, carnivals, menageries, etc. See that title THANKSGIVING DAY Computation of time re ... .................. ................... _....__.. THEATRICALS Group activities in parks ... ........ ..__.... �_......._.._._... Parks and recreation. See that title THINGS IN ACTION Personal property defined re ._..__..___......__.._........... THREATS OR VIOLENCE Disorderliness ..-.......... ....... _..... _ Disorderly persons, conduct and houses. See that title THROWING OBJECTS OR MISSILES Prohibited activities in parks, etc. ... .._.__............ _..._ Parks and recreation. See that title TIME Computation of time construed ,___...._._.........._..__ TOBACCO Smoking restrictions. See: Smoking TOILET FACILITIES Section 33-98 33-101 33-102 33.97 33-99 33.103 33-100 14-60 et seq. 1-2 6-16 et seq. 1-2 25-48 et seq. 1-2 24.27 et seq. 26-1 1-2 Minimum standards for housing facilities ... ......... ... 17.4(c) at seq. Housing. See that title Mobile home park sanitation facilities .__..__.._..� 22.36 TOURNAMENTS OR EXHIBITIONS Iowa River regulations ..�_—__�24-78 at seq. Iowa River. See that title Supp. No. l 3054 MICROFILMED BY JORM MICROLAB CEDAR RAPiDS•DIS 140 RIGS CODEINDEX TOY GUNS Firearms and weapons. See that title Section Prohibited_.................................... TRADES Occupational licenses in general ...... Licenses and permits. See that title 21-1 et seq. TRAFFIC Abandoned vehicles Junk and obsolete motor vehicles. See hereinbelow that subject Accidents Clearing up wrecks ........_........... _......... ........... Driver unable to make report 23-140 ... ................. _.. Unattended vehicles, involving"""'.. .................................. 23.40 23-60 _. Written reports ......-..._ ...... ........_........._.........."`.........._.. Administration 23- 48 ................... _.._. Alleys 23-16 et seq. Defined._... _.................... _..�_____..___._..____ Parking prohibited, when 23-1 —_-____ Parking, stopping and standing. See hereinbelow 23-235 that subject - Vehicle emerging from to stop '--'—"' 23.166 Ambulances Authorized emergency vehicles. See hereinbelow, that subject Angle parking _. I Parking, stopping and standing. See within this title 23.263 et seq. that subject Animals or animal draw. n vehicles— Applicability i Control of vehicle when approaching or 23-1 passing ...._ Driving or riding animals through streets 23.190 31.5 1 Arterial highways Stopping before entering ....... ....................... __ ..... Arterial street._-_..__.._.._...--•_ 23-163 ' Defined .. Authorized emergency vehicles �• 23-1 Defined. ..... _......... __._�__._,._..__...___.._.___.... Operation of other vehicles on approach PProach of 23-1 ................ ....s 23-169 ..._._.........._......................._......_..._......_. Backing vehicles 23.123 ___....................... .._....... .......................... Bicycles � 23-127 Bicycle lanes and bicycle parking areae Vehiclesin ._.•_—.._.....__..._T.._.._.........._.......____ Bikeways, riding on 23-71 ....__._......... ........ ...._....... Careful 23-70 riding required ...... .... ............. _. 23.69 Supp. No. I 3055 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101REs IOWA CITY CODE TRAFFIC—Cont'd. Section 5 City plaza, bicycles regulated in ...._ _. .. 9.1.4 et seq. Clinging to moving vehicles.......................................... 23-67 Defined........... ................ _........._._......................_....___. 23.1 Impoundment.._..................................... ................... ..... _. 23-72 Lights and reflectors Generally............. _..................... _............................ _...... 23.62 Methodof riding...... ._.._............................................... 23-68 Motorized bicycle, motor bicycle and moped Defined.................................................................... 23-1 Observation of traffic rules.._............... ................. ....... 23-66 Parking......... _....... .... _.___.......__............ .... ............. 23-63 Parking violations Owner prima facie responsible ___.__ 23-73 Roadways, riding on.._........... ___..___.._..__..._ 23.65 Sidewalk, riding on. ...... .......... _.___..._._..... 23-64 Unlawful application, possession, transfer 23-74 Vehicles in bicycle lanes __._____..—_..�__.. 23-126 Blind persons. See within this title: Pedestrians Bridges - Control of vehicle__...____......... 23-190 Parking prohibited, when ........ ........ _................ ..... 23-235 Buses and taxicabs - Loading and unloading regulations __.______ 23.291 at seq. Parking, stopping and standing. See within this title that subject Cemetery Speed limit of vehicles in................ .... __.._..........___ 9.6 Chauffeur Defined... .............. ..... _..... .'-----"-------- 23-1 Obstructing driver's view or operating mechanism .... 23.136 Operator's license...... ... _.._......... ........ __.....__...... 23-120 City manager - Defined.... _ ..... �...____.__........__..__. _...._ ----_— 23-1 City plaza Regulations for bicycles, motor vehicles, etc., in ........ 9.1-4 at seq. City plaza. See that title City traffic engineer Emergency and experimental regulations ._,._.__ 23.17 Generally.................. _--------- _..._�_._..._.... 23.16 Clerk Defined.._.__... 23-1 Clinging to moving vehicles Bicycles and similar vehicles ..__�_ 23-67 Closed streets, driving on ..�_...._._._.__...__�__.. 23-129 Coasters, roller skates and similar devices Clinging to moving vehicles __..__�_.._._..._........ 23.67 Supp. No. 1 8066 MCROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES HOMES CODEINDER TRAFFIC—Cont'd. Pedestrian regulations inSection general. See hereinbelow: Pedestrians Use restricted ..___.�.-___. Coasting ........—_..___._ ___^_ 23-2 Street or sidewalk, coasting or sliding down ..__..— Vehicles ................ 31-2 .... --._....... __�.___—.. Collector street 23-122 Defined . ---------- Collision. See hereinabove: Accidents 29.1 Combination vehicles Defined ---- .......... .....___......_.................. ____..__.._..—_.. Commercial district 23-1 Defined __--,.-.__ ....._........---"-'..__..___.�__�.._.. Commercial vehicles 23.1 Defined ........ __ Loading zone for. See within this title: Parking, 23. 1 Stopping and Standing Construction or excavations Reserved space, etc. ' Control of vehicle-- "'—"-- 23.240 Council —'—""—'----•-- 23.100 Defined _............. _• —__—.__— Crosswalks "'— 23.1 Authorization Defined .. _------"""�'----- 29-142 Parking prohibited, when `—" -23-1 _.-- Parking, stopping and standing. See that title 23.236 Pedestrian. See within this title that subject Curb Parking prohibited, when ____-- Curb loading zones 2 23-235 Loading zones. See within this title that subject Definitions _....—_._.- ___ .. _....__._..._'._._"."_ Delivery trucks 23-1 Parking prohibited, when —_______ "Digging out" _._._._-'--•--- 23-236 Disaster servi..........----._.�.._. _ es 23-137 Authorized emergency vehicle. See within this title that subject Dismantled, discarded vehicles Junk and obsolete motor vehicles. See within this title that subject Driver Chauffeur. See hereinabove that subject Driver's view or operating mechanism Obstruction of .._...._..__�._---•`—_ --_ Supp. No. 1 23-13C 3057 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES militas IOWA CITY CODE TRAFFIC—Cont'd. Section Driveway Parking prohibited, when ..................... _............. 235 Private road or driveway. See hereinbelow that sub. ject Vehicle emerging from to stop ........ 23-168 Driving on laned roadway ....... 23.125 Driving on right-hand aide of roadway .... ..... __............... Driving or tiding animals ... ...... —..._. _ 31.124 31- 6 Emergency and experimental regulations .__ ._....... 23-17 Emergency vehicles Authorized emergency vehicle. See hereinabove that subject Enforcement .... .........._.................... _. ��—��•----..-.._.._ 23-1G et seq. q. See hereinabove: City Traffic Engineer Equipment on vehicles Flag or light at end of load ..--._ 23.108 Improper equipment ...... — ..... 23.107 Excavation requirements _..... _ 31-21 et seq. Excavations. See that title Parking prohibited, when __....__.._— ... _...................... 23-235 Farm tractors Defined ...... - . _ ........._...._.: 23.1 Fire apparatus, following ............ ......... _. _. ..._...._. 23.133 Fire department Authority of officials ......... ._........... _............. Authorized emergency vehicle. See hereinabove that subject Obedience to police officers ..... ._... _................. 25-10 Fire hose, crossing .............................. ........ 23-134 Fire hydrant Parking prohibited, when .............. _................................ 23.235 Fire station entrance Parking prohibited, when ....__......_..�. 23-236 Fire zones .._..._._...._._....._...._. ... 8-18 Fires Parking prohibited, when ....... _ ......._.._._... 23-236 Flag or light at end of load —_..._._................ 23-108 Flashing beacon Parking prohibited, when ............._. . ........_...._.._............. 23-235 Following loo closely ... _._... _............. ._. ....... 23-138 Freight loading zones Lending zones. See within this title that subject Frontage Defined_ ........................._ . _......_ 23-1 Funeral processions. See hereinbelow: Parades and Precessions Supp. No. 1 8058 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIMts " CODE INDEX TRAFFIC—Cont'd. Section Grades Parkingon ............ ..... ......... .... ........ __.... ................. .. 23-121 Handicapped persons Blind persona white cane provisions _.__........... _.. 23-221 at seq. Parking requirements for physically handicapped persons_..___._........._....__.......... .............. ........ . 23.263 Hazardous or congested places Parking, stopping and standing in ............ ................ 23-243 Heavy vehicles Size and weight limitations. See hereinbelow, that subject Hills and grades Coasting..._........................_............___._._..-.._..__._..._ 23-122 Parkingon_._.._..._...._..�.._.._._....___......-..--._. 23.121 House moving regulations __...__.___._._..........._., 8.68 et seq. House movers. See that title House trailer Defined........ ....... .................. ..... 23.1 House trailers, mobile homes Mobile home park regulations. See: Mobile Homes and Mobile Home Parks • Ignition key, removal .�. 23-121 J Impoundment of vehicles Accumulated parking violations, impoundment for 23.21(6) Bicycles. See within this title that subject " Entrance into Impounded vehicles ............. ............... _ 23.21(c) i Obstruction of traffic, impoundment for ........ _.......... 23.21(a) Release of impounded vehicles .............. _...... _.............. 23.21(d) Intersections Approaching or entering _______�_ 23.166 ' Control of vehicle ........ 23.190 I Crosswalks.- See within this title that subject. See also within this title: Pedestrians I Defined ___ 23-1 Parking prohibited, when _.._.___.__—___._-_— 23.236 Right-of-way. See within this title that subject Turning movements. See within this title that sub- ject Jaywalking D Defined ._ _ 23-1 Junk and obsolete motor vehicles { Defined ------- .r 23.1 Laned roadways Traffic lanes, marking -----... 23-31 ' Laned roadways, driving on .�..�...___._.._—.. 23-126 I Crossing yellow linea : 23-162 Supp. No. 1 $069 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES IOWA CITY CODE TRAFFIC—Cont'd. Section Licenses Bicycles. See within this title that subject Motor vehicles _ ...... .............. ......................... 23-82 at seq. ...__ Operation without registration _...__..._._,__.._. 23-99 Operator's license ___,_._.._.._.._._.____._. 23-120 Load limits. See within this title: Size and Weight Limitations Loaded vehicles Flag or light at end _ 23-108 Loading or unloading Permits for loading, etc., at angle to curb ____ 23-266 Stopping for loading and unloading only ..____._ 23-287 at seq. Parking, stopping and standing. See within this title that subject Loading zone Defined .._.__�. 23-1 Marked highways Stopping before entering _w 23.164 Median strip Defined _ _ 23.1 Parking prohibited, when ___ 23-236 Meeting of vehicles. See within this title: Overtaking, Meeting and Passing Mobile homes 3fobile home park regulations. See: Mobile Homes - and Mobile Home Parks Mopeds Defined....--. ............... ................ ....._.................... 23-1 Vehicles in bicycle lanes and bicycle parking areas 23.71(,) Motor truck Defined 23-1 Motor vehicles and other vehicles. See also that title Defined _ 23.1 Operation without registration—�_..._..__. 23.99 Motorcycles Clinging to moving vehicles ___ 23-67 Defined .� 23-1 Motorized bicycles, etc. Bicycles. See within this title that subject Moving vehicles Bicycles and similar vehicles clinging to _ 23.67 Narrow streets, parking on __.._. 23.241 Noise Squealing tires _ 23.137 Nuisance abatement regulations �____._�_�_. 24-101 at seq. Nuisances. See that title Supp. No. 1 3060 FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 110117Es MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11011JES CODE INDEX TRAFFIC—Cont'd. Obedience Section Traffic -control devices, to _.._._ ... _........ Obedience to peace officers23-29 __.._iV-...^ Obsolete vehicles. See hereina.b.ove:............___ Motor Vehicles Junk and Obsolete 23.19 Obstruction of traffic Impoundment of vehicles for ..... ............ ........ Impoundment of vehicles. See also within this 23.21(x) title that subject Parking prohibited, when i One-way streets and alleys .._...___. — 23-235 ' One-way streets and roadways --'—`- 23-143 } Standing or parking on —_—. Operation of vehicles. See here_i_n 23.242 Operator specific subjects Defined ......_. ) Operator's license_--•�___ 23-1 ' Chauffeur. See within this title thatsubject Ordinances 23.120 i� ' saved from repeal, other provisions not included herein. See the preliminary page. and the adopting ordinance of this code .a"w•.` Overpass Defined __......_._.__ _._ Overtaking, meeting and passing-_.._."_ -- 23-1 Overtaken driver, duty of Overtaking, generally 23-151 (6) c Passing, orally 23-151(a) t{ Right aide, on 25-161 Yielding required, when 23-161(c) __._,__-•�-""" Owner '. � ---- 23-161 (d) Defined Parades and pro, Iona 28-1 Driving through processions prohibited Reserved 23.130 space for funeral processions Park ,parking In 23-248 Defined ._ Park traffic regulations____—_ 23-1 Parks and recreation. See _._that titlo 25'2 Parking meter zones and parking lots Authority to establish zones _ Parking In metered zones_____ 23.274 Parking Iota �_�— 23.276 Parking meter fund,_ 23-277 �__"--'" Purchase and insta23-279 llation of maters ____•� Violations, penalty 23.276,_�-,•—�`___^ 23.278 Supp. No. 1 5061 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11011JES IOWA CITY CODE TRAFFIC—Cont'd. Section Parking meters Animals tied to , __. 7-20(e) Parking; stopping and standing Alleys, blocking ____ 23-237 Alleys, parking in 23-238 Angle parking Backing into angle parking stalls 23-264 Loading and unloading at an angle to curb Permit requirements 23-266 Signs or markings — 23-263 Obedience 23-265 Authority of traffic engineer 23-234 Bicycles. See within this title that subject Blocking of alleys __ 23-237 Brakes on hill, etc. 23-121 Bridge, upon —_ 23-235(10) Commercial vehicle loading zone, standing in ... 23-289(b) Commercial vehicle used for pickup or delivery, etc. 23-235(11) Construction spaces reserved 23-249 Crosswalks, on 23-235(2) ,Curbs, close to 23-246 Emergency vehicle privileges 23-123 ,. Excavation, alongside, etc. —___ _ 23.235(9) r Fire hydrant, near 23-235(6) k. Fire station driveway entrance, within — 12-235(15) Fires, within one block. of 23-235(13) Flashing beacon, etc., at . 23-235(5) Forty-eight hours or more 23-244 Funeral spaces reserved _.___ 28.248 Grades, parking on _— 23-121 Handicapped persons, physically Parking requirements for __ .................................. _.... 23.253 Hazardous or congested places, near ...................... _.... 23-243 Ignition key, removal .... __..... _..................................... 23-121 Impoundment of vehicles for accumulated parking violations ................... ... .... _............... .............. _.. 23-21(6) Impoundment of vehicles. See also within this title that subject Intersection of curb linea, property linea, etc. • Parking prohibited within certain places--- 28.235(4) Intersection, within _ 23.235(1) Median stripe, upon __ 23-235(16) Narrow streets, on 23.241 Nuisance provisions re parking of motor vehicles upon privets property ............................................. 24-101(12) Obstructing traffic ._ 23.236 Supp. No. 1 300 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRCs FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 14011lES CODE INDEX TRAFFIC—Contd. Section Obstructions. See also within this title that sub- - ject I Parking alongside or opposite _ .....___ 23.235(9) Parking as to obstruct traffic _ 23-236 ! Official signs prohibiting, at 23-236(14) One-way streets and roadways, on _ _ 23.242 Other matters regarding stopping, standing, etc. See elsewhere herein specific subjects jOvertime parking penalty schedule ._..___ 23.255 Parking systems division 23.254 A Physically handicapped persons ._._ 23.253 Private access to public way F Impediment of -__ 23-250 Private property, on 23-251 I Prohibited in specified places _._ 23-235 i Public or private driveway, in front of. 23-235(7) Railroad crossing, at nearest rail _�� 23.235(12) a Residential districts, in _ 23.252 Responsibility when leaving vehicle unattended _ 23.121 y Right-of-way provisions relative to. See within this title: Right -Of -Way '- Safety zone and curb, between 23.235(3) !! Sale or repairs Parking for purposes of _._._ 23-239 r. Schools, near 23-240 Sidewalk, on —___ 23.235(8),23.245 S; Signals for starting, stopping or turning 23-132 tr Standing in loading zones ................. .............. ...... _.. 23-289 .a Stop sign or traffic -control signal, at 23-235(5) Stopping before entering arterial highway — 23-163 k Stopping before entering marked highways _ 23-164 Stopping before entering street from private road. " way 23.167 )i Stopping for loading and unloading only Buses and taxicabs - Parking, stopping and standing of 23.291 Restricted use of stands ._ 23.292 City traffic engineer, duties and authority _ 23.287 Loading zones, designation _._ 23.287 ?'. Public carrier stops and stands Designation_ 23.290 _ Standing in loading zone _.__ 23.289 Standing in passenger loading zone ___.___.. 23.288 �'- Tags and marks, removal or destroying ____ 23.247 Train signal, stopping in obedience to _..—._ 23.131 F. Supp. No. 1 3063 FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 14011lES IOWA CITY CODE Section TRAFFIC—Cont'd. ar privet driveway to from alley P 23-168 Vehicle emerging _� ,____.. 23.255 stoP--"-._-.-__.___".__�_-.___..._---- Violations, Penalties -�I parking violations 23.21(bl Impoundment for accumulated of vehicles. Sea ¢Iso within this Impoundment title that subject 23 264 Parking system division ........... .... 23-1 Parking zone -....-"" Defined _...................... ............ Parks and playgrounds ........................... ' 26.1 Traffic regulations in ...................... 23.136 passengers --"- Unlawful riding of vehicles ----- t e Overtaking, this title:: passing of vehicles. See within Dfeetin6 and Passing 23.1 peace officer _—�,--_.---------•--'" Defined --------'""'- Pedestrians 23.222 _ Blind persons roaching Duty of drivers app --•---"-"'"--- •- _ ---- `- 23-221 White canes restricted eates and simile C8 23-2 Coasters, �_._..__-•-..----"-•-.._" Use restrictedCrossing 25-214 at at right angles .--•--•- in-commercinl in 23.215 Crossing other than 'crosswalk zone ..--•-•_.._-_ 23.213 Crosswalks •--•-``-J--- Crossing at places other than 23.219 Use of _.._......_---'-______'.= ..._._..-_-_._ 23.1 23.218 Defined - "-. 23.1 Duty of driver and regardto�_- _----�-.- Jaywalking, defined ----- _ -_,._ 23-212 Right-of-way ---- See within tbib._..--•object _ 23-220 Safety zones. 23-216 Soliciting rides -_•--^-" act to -----'-"-"'- Traffic -control slgnnlsI object walking on person roachIng or Passing P Vehicle -•"'" 23-190 29-217 ro¢dwaY. etc..._..___-----__._-_-_--..__._.._ wa 23-221 an highways ---""-`"'- _ Walkingblind persons ---- • -'-- restricted to White canes hit, c Workmen on highways..._... 23.218 ng --•-'-- Duty of driver regard unloading 23-2GG Perm Is for loadingor Angle to curb ------'-"" 23-1 Person �_•_._._____.-----'-""' Defined .--------"'- Supp. No. 1 3064 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES M CODE INDEX TRAFFIC—Cont'd. Section Physically handicapped persons Parking places, providing _ 23.253 Pickup or delivery service Parking prohibited, when ____ 23.235 Play streets � 23.141 Police officers Authority of officials._. ___ 23.18 Obedience ._._____•_.._____ 23-19 Police vehicltc Authorized emergency vehicle. See hereinabove that subject Private access to public ways, impeding ...... 23-250 Private driveway Vehicle emerging from to stop _ 23-168 Private property, parking on __._ 23.251 Private road or driveway Defined ..._ __....__�___• Entering street from 23.1 23.167 Processions Parades and processions. See within this title that subject Prohibited activities in parks, etc. 26-1 Parks and recreation. See that title Public or private driveway Parking prohibited, when ,_.___._. 23.235 Public works department divisions __ 2-166 Railroad sign or signal Defined _ 23-1 Railroads and trains Interference with railroad signs, signals, etc. 23-36 Traffic -control signs, signals and devices. See within this title that subject Parking prohibited, when _'. 23-235 Stopping required in obedience to signal _ Reckless driving 23-131 Red flares, reflector lanterns, etc. 23-139 Control of vehicle when approaching or passing _.. 23.190 Registration Operation of vehicle without 23-99 Residential district Defined_ __ 23.1 Parking restrictions _ 23.252 Residential street Defined ..__,.--..--_.._—•----^�.. 23.1 Supp. No. I 3064.1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES M0117ES IOWA CITY CODE /__1 TRAFFIC—Cont'd. Residents Licenses Fees --- Issuance .— Section 23-83 23.33 Supp. No. I 8064.2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES CODEINDE% TRENCHES Section Pipe laying ._ 81.85 Excavations. See that title TRESPASS 98-77 et eeq. Disorderliness _ 20.27 et seq. Disorderly persons, conduct and houses. See that title TRUCKS 88-97 at seq. Litter, causing __ 16.88 TRUST Person construed re 1.2 TRUSTEE'S SALES Going-out-ol-business and similar sales 21-81 at seq. Going -out -of -business and similar sales. See that 1&19 et seq. title TUNNELS Excavations. See that title TWELFTH DAY OF FEBRUARY 14-2 Computation of time re __.. 1-2 U UNDERBRUSH. See: Weeds and Brush UNDERGROUND ELECTRIC SERVICE Generally 98-77 et eeq. Electric service (underground). See that title UNDERGROUND RELEPHONE SERVICE Generally --_ 88-97 at seq. Telephone service (underground). See that title UNIFORM BUILDING CODE Adopted &19 at seq. Building code. See that title UNIFORM FIRE CODE Adopted — 1&19 et seq. Fire prevention code. See that title UNIFORM PLUMBING CODE. See: Plumbing Code UNLAWFUL ASSEMBLIES Engaging in 14-2 Assemblies in general. See: Assemblies UNSAFE BUILDINGS Urban renewal, generally &1 at seq. Dangerous buildings. See: Buildings Supp. No. 1 8069 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110mrs IOWA CITY CODE URBAN RENEWAL Section Authorization 8--1B16 eet seq. t Building code _----- Building code. See that title 8.1(b) Exceptions to building regulations — URINATION Indecent exposure and conduct provisions ..................... 24-114(c) UTILITIES Connections 33-1 Generally --- Electrical franchise ._..-.— 14-1 et seq. Franchises. See that title 11-1 et seq. Electrical wiring installations Electricity. See that title 81-21 et seq. Excavation requirements — Excavations. See that title 14-1 et seq. Franchisee Franchises. See that title 14-27 et seq. Gas franchise ..— Franchises. See that title 8-68 et seq. Rouse moving regulations .___------- House movers. See that title Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Powei and communication utilities Same trench to be used when practical 89.2 Sewers _ 838.2 et seq. Water and sewers. See that title 82.1 et seq. Subdivision regulations ---- Subdivisions. See that title 14.62 et seq. Telephone franchises ---- Franchisee. See that title 84-67 Trees and shrubbery, work affecting — Forestrv. See that title 33.77 at seq. Underground electric service Electric service (underground). See that title V VACANT LOTS Animals tied, staked, tethered, hobbled, eta 7-20(e) Animals and fowl. See that title 16.77 et seq. Littering -•-- •— Garbage and trash. See that title Supp. No. 1 3070 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES t40PIES CODE INDEX WATER AND SEWERS—Cont'd. Section �.f Maintenance of service __. 33.136 Nonconforming connections _ 83-140 Service materials, joints 93-197 Service pipes ............ 93-134 Trench, filling 83_139 Utility connections in general __ 33-1 et seq. • Damages by turning on water Nonliability of city ____ 33-123 Definitions 88-116 Hydrants, opening 33-118 Inspections ......... 93-117 Meters Location, placement _.__.._ _ 33461 Mains Assessments — -------- 33-122 i Size and extensions .._....___.__ 33-120 J Multiple meters authorized, when ____ 33-163 Proof prerequisite to installing _� _ 33-160 Protection _._ 33-164 Rates and charges. See within this subtitle that t subject .�� Required _.________ 39-149 Size of meters —_........__ ---- ___._`_ '33-169 v Testing of meters __�.` 33-166 Valves and fittings 39-162 + Plumbers and other interested parties Information supplied to ..___ 33-119 Private wells _.___ 93-126 Rates and charges Billing-----�—�_ 33-166 Classification of service ____�_.._ 33-166 Collection procedures _� 39-167 Connecting loops 33-170 Direct purchase rate _ 83.166 Director of public works, authority to establish afees and charges for services 33.169 Procedure for fixing rates ..... 99-168 Rate schedule ..___ 93.169 Temporary use during construction ........ 33-164 Shutoff of service ______.._ 98.124 Watercourses. See also that title WATER CLOSETS Housing regulations __�_� 17.1 at seq. Housing. See that title Mobile home park sanitation facilities 22-36 Supp. No. I 3075 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES t40PIES IOWA CITY CODE WATERCOURSES Nuisance provisions re offensive or disagreeable sub- stances thrown into ponds or Poole of water ._..... Nuisance provisions re overflow water from adjacent lands entering ........ _............ WATERCRAFT Iowa River regulations Iowa River. See that title WATERWAYS Nuisance abatement regulations Nuisances. See that title WEAPONS. See: Firearms and Weapons WEEDS AND BRUSH Weed control City manager Weed official. See within this subtitle that subject Definitions -- Emergency control measures ........... __.... . Enforcement of provisions Weed official. See within this subtitle that subject Natural areas Designated__......___._._._..___._..._..._._....._. Natural or conservation areae _...... _...... ...... Newly developed areas ............................. Public ways --_"---"--_._. Nuisances ........... Short title ............. ..._..._ Violations, notice of ............................ ..... ... _._............ Weed official City manager, etc., designated as ... ........ _ . Enforcement of provisions generally ................... Enforcement period; notice of violation ...._.__.._ Interference with .._....._._.._.._.._�. _ Violation, notice of ..... ............... _....... _..._.............. - WELLS Private wells ..........._..._... _ Water systema In general. See: Water and Sewers WINE AND BEER Alcoholic beverage regulations ._.._. Alcoholic beverages. See that title Drinking in public ...... __........ __. WIRING Electricity (generally), See that title Supp. No. 1 3076 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Section 24.101(10) 24-101(8) 24.78 et seq. 24.101 at seq. 34.70 34-76 34-74 34.74(b) 34-74(d) 34-74 34-73 83.69 34-76 34.71 34-71 34.76 34-72 34.76 33.126 6-1 at seq. 24.61 CODE INDEX WORDS AND PHRASES Secti Section General definitions for interpreting code - on 1.2 WRECKS j Mayor as chief city representative . 2.46 Traffic accidents _.._ .................. Traffic. See that title 23.48 et seq. WRITS, WARRANTS AND OTHER PROCESSES Computation of time re __.__ _ Human rights complaint procedures 1 2 .... __..... _....__.-_, Human rights. See that title 18-1 et seq. WRITTEN, IN WRITING Defined __.._.._..._.._. 1.2 Supp, No. 1. 3076.1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101ME5 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES HO RIES MICROFILMED BY JORM MICROLAB CCDAR RAPIDS•DCS !1offILS MICROFILMED By JORM MICROLAB i nno -,A P::i', I „',i