CODE OF ORDINANCES

 CITY OF OXFORD JUNCTION

ADOPTED October 13, 2009

TABLE OF CONTENTS                                                                                                                                                                                    

TITLE I  GENERAL PROVISIONS............................................................................................................................    1              

 

            CHAPTER 1           GENERAL PROVISIONS ........................................................................  1             CHAPTER 2           RIGHT OF Entry...............................................................................    4

            CHAPTER 3           PENALTY .......................................................................................    5

            CHAPTER 4           PROCEDURE FOR HEARINGS BY THE CITY COUNCIL.................................    7

 

TITLE II  POLICY AND ADMINISTRATION..........................................................................................................    10

 

            CHAPTER 1           CITY CHARTER   ............................................................................    10

            CHAPTER 2           APPOINTMENT AND QUALIFICATIONS OF MUNICIPAL OFFICERS...............    11

            CHAPTER 3           CITY ELECTIONS ...........................................................................    14

            CHAPTER 4           POWERS AND DUTIES OF MUNICIPAL OFFICERS....................................    15

            CHAPTER 5           SALARIES OF MUNICIPAL OFFICERS ..................................................    25

            CHAPTER 6           CITY FINANCE ..............................................................................    26

            CHAPTER 7           POLICE DEPARTMENT ....................................................................    30

            CHAPTER 8           FIRE DEPARTMENT ........................................................................    31

 

TITLE III  COMMUNITY PROTECTION..................................................................................................................    33

 

            CHAPTER 1          OFFENSES ...................................................................................    33

            CHAPTER 2          NUISANCES ..................................................................................    38

            CHAPTER 3           TRAFFIC CODE  ............................................................................    42

            CHAPTER 4           CURFEW FOR MINORS ....................................................................    57

            CHAPTER 5           REGULATING PEDDLERS, SOLICITORS TRANSIENT AND MERCHANTS ........    60

            CHAPTER 6           CIGARETTE LICENSE ......................................................................    62

            CHAPTER 7           BEER AND LIQUOR LICENSES ...........................................................    64

            CHAPTER 8           JUNK AND ABANDONED VEHICLES .....................................................    66

            CHAPTER 9           LICENSING OF JUNK DEALERS ..........................................................    71

            CHAPTER 10         DANCE HALLS ...............................................................................    73

            CHAPTER 11         REGISTRY OF DRUG PRECURSOR SALES…..……………………………..................    75

            CHAPTER 12         SEX OFFENDER RESTRICTED RESIDENCY ............................................    76

 

TITLE IV  MENTAL AND PHYSICAL HEALTH.....................................................................................................    77

 

            CHAPTER 1           ANIMAL CONTROL ........................................................................    77

 

TITLE V  HUMAN DEVELOPMENT - EDUCATION AND CULTURE................................................................    80

 

            CHAPTER 1           LIBRARY SERVICES ......................................................................    80 

 

 

TITLE VI  PHYSICAL ENVIRONMENT...................................................................................................................    83

 

            CHAPTER 1           MOBILE HOME REGULATION ............................................................    83

            CHAPTER 2           UTILITIES - SANITARY SYSTEM ......................................................    84

            CHAPTER 3           UTILITIES - WATER SYSTEM ..........................................................    93

            CHAPTER 4           UTILITIES - REFUSE COLLECTION ....................................................    98

            CHAPTER 5           UTILITIES - BILLING CHARGES .......................................................    101

            CHAPTER 6           STREET CUTS AND EXCAVATIONS ..................................................    104

            CHAPTER 7           SIDEWALK REGULATIONS ..............................................................    105

            CHAPTER 8           RESTRICTED RESIDENCE DISTRICT .................................................    109

            CHAPTER 9           FLOOD PLAIN .............................................................................    112

            CHAPTER 10        TREES .......................................................................................    117

            CHAPTER 11         BUILDING PERMITS AND FENCE PERMITS .........................................    118

            CHAPTER 12         PRIVATE WELL INSTALLATION – PERMIT REQUIRED ...........................    120

            CHAPTER 13         STREET NAMES ..........................................................................    121

 

TITLE VII  SPECIAL ORDINANCES........................................................................................................................    122

 

            CHAPTER 1           HAZARDOUS SPILLS .....................................................................    122

            CHAPTER 2           DRUG PARAPHENALIA ....................................................................    124

            CHAPTER 3           HISTORIC PRESERVATION COMMISSION ...........................................    127

            CHAPTER 4           ELECTRIC FRANCHISE ..................................................................    130

            CHAPTER 5           TELEPHONE FRANCHISE ...............................................................    132

            CHAPTER 6           CABLE FRANCHISE ......................................................................    133

            CHAPTER 7           CABLE TV REGULATIONS ..............................................................    134          

            CHAPTER 8           VACATING PROPERTY ..................................................................    140

            CHAPTER 9           TELEPHONE FRANSHISE ...............................................................    141

            CHAPTER 10         ADULT ORIENTED BUSINESSES ......................................................    142

            CHAPTER 11         DANGEROUS BUILDINGS ...............................................................    154

             


 

                                                                         TITLE I  GENERAL PROVISIONS

                                                                     CHAPTER 1  GENERAL PROVISIONS

 

1-1-1            Definitions

1-1-2            Grammatical Interpretation

1-1-3            City Powers

1-1-4            Indemnity

1-1-5            Prohibited Acts Include

                    Causing, Permitting

1-1-6           Construction

1-1-7           Amendment

1-1-8           Altering Code

1-1-9           Severability


 

 

1-1-1            DEFINITIONS.  The following words and phrases whenever used in the Ordinances of the City, shall be construed as defined in this section unless, from the context, a different meaning is intended or unless different meaning is specifically defined and more particularly directed to the use of such words or phrases:

          

           1.      "City" means the City of Oxford Junction, Iowa, or the area within the territorial limits of the City, and such territory outside of the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision;

 

           2.      "Clerk" means City Clerk of Oxford Junction, Iowa.

 

           3.      "Computation of time" means the time within which an act is to be done. It shall be computed by excluding the first day and including the last day; and if the last day is Sunday or a legal holiday, that day shall be excluded; 

          

           4.      "Council" means the City Council of Oxford Junction, Iowa. All its members or all Council persons mean the total number of Council persons provided by the City charter under the general laws of the state; 

          

           5.      "County" means the County of Jones, Iowa; 

          

           6.      "Fiscal Year" means July 1 to June 30. 

          

           7.      "Law" denotes applicable federal law, the Constitution and statutes of the State of Iowa, the Ordinances of the City; and when appropriate, any and all rules and regulations which may be promulgated thereunder;

          

           8.      "May" confers a power;

          

           9 .     "Month" means a calendar month; 

 

           10.    "Must" states a requirement;

 

           11.    "Oath" shall be construed to include an affirmative or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "affirm" and "affirmed" shall be equivalent to the words "swear" and "sworn";           

 

           12.    "Or" may be read "and" and "and" may be read "or" if  the sense requires it;    

 

           13.    "Ordinance" means a law of the City; however, an administrative action, order or directive, may be in the form of a resolution; 

          

           14.    "Owner" applied to a building or land includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or part of such building or land; 

          

           15.    "Person" means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them;        

          

           16.    "Personal property" includes money, goods, chattels, things in action and evidences of debt; 

           17.    "Preceding" and "following" mean next before and next after, respectively; 

          

           18.    "Property" includes real and personal property; 

          

           19.    "Real property" includes lands, tenements and hereditaments; 

 

           20.    "Shall" imposes a duty;

 

           21.    "Sidewalk" means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians; 

          

           22.    "State" means the State of Iowa; 

          

           23.    "Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state; 

          

           24.    "Tenant" and "occupant" applied to a building or land, includes any person who occupies whole or a part of such building or land, whether alone or with others;  

          

           25.    "Title of Office".  Use of the title of any officer, employee, board or commission means that officer, employee, department, board or commission of the City; 

 

           26.    “Treasurer” means Treasurer of the City of Oxford Junction.

 

           27.    "Written" includes printed, typewritten, mimeographed or multigraphed; 

          

           28.    "Year" means a calendar year; 

          

           29.    All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such other as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning;                

 

           30.    When an act is required by an Ordinance the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed as to include all such acts performed by an authorized agent.  

 

1-1-2            GRAMMATICAL INTERPRETATION.  The following grammatical rules shall apply in the Ordinances of the City;                 

          

           1.  Gender.  Any gender includes the other gender;  

 

           2.  Singular and Plural.  The singular number includes the plural and the plural includes the singular; 

 

           3.  Tenses.  Words used in the present tense include the past and the future tenses and vice versa;

          

           4.  Use of Words and Phrases. Words and phrases not specifically defined shall be construed according to the content and approved usage of the language.  

 

1-1-3            CITY POWERS. The City may, except as expressly limited by the Iowa Constitution, and if not inconsistent with the laws of the Iowa General Assembly, exercise any power and perform any function it deems appropriate to protect and preserve the rights, privileges and property of the City and of its residents, and preserve and improve the peace, safety, health, welfare, comfort and convenience of its residents.

 

1-1-4            INDEMNITY. The applicant for any permit or license under this Code, by making such application, assumes and agrees to pay for all injury to and death of any person or persons whomsoever, and all loss of or damage to property whatsoever, including all costs and expenses incident thereto, however arising from or related to, directly, indirectly or remotely, the issuance of the permit or license, or the doing of anything thereunder, or the failure of such applicant, or the agents, employees or servants of such applicant, to abide by or comply with any of the provisions of this Code or the terms and conditions of such permit or license, and such applicant, by making such application, forever agrees to indemnify the City and its officers, agents and employees, and agrees to save them harmless from any and all claims, demands, lawsuits and liability whatsoever, for any loss, damage, injury or death, including all costs and expenses incident thereto, by reason of the foregoing. The provisions of this section shall be deemed to be a part of any permit or license issued under this Code or any other ordinance of the City whether expressly recited therein or not.

 

1-1-5            PROHIBITED ACTS INCLUDE CAUSING, PERMITTING.  Whenever in this Code any act or omission is made unlawful, it includes causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.  A principal is responsible for the unauthorized acts or omissions committed by an agent or employee which have been authorized by the principal.

 

1-1-6            CONSTRUCTION.  The provisions of this Code and all proceeds under it are to be construed with a view to affect its objects and to promote justice. 

 

1-1-7            AMENDMENT.  All Ordinances of the City Council passed thereafter shall be in the form of an addition or amendment to the Oxford Junction Municipal Code of 2004 constituting this Municipal Code, and shall include proper references to chapter and section to maintain the orderly codification of the Ordinances.

                                                                                                    (Code of Iowa, Sec. 380.2)

 

1-1-8            ALTERING CODE. It is unlawful for any unauthorized person to change or amend by additions or deletions, any part or portion of the Code, or to insert or delete pages, or portions thereof, or to alter or tamper with the Code in any manner whatsoever which will cause the law of the City to be misrepresented thereby.

 

1-1‑9            SEVERABILITY.  If any section, provision or part of the City Code is adjudged invalid or unconstitutional, such adjudication will not affect the validity of the City Code as a whole or any section provision, or part thereof not adjudged invalid or unconstitutional. 


 

                                                                        TITLE I   GENERAL PROVISIONS

 

                                                                          CHAPTER 2  RIGHT OF ENTRY

 

 

1-2-1            Right of Entry

 

 

1-2-1            RIGHT OF ENTRY.  Whenever necessary to make an inspection to enforce any Ordinance, or whenever there is reasonable cause to believe that there exists an Ordinance violation in any building or upon any premises within the jurisdiction of the City, any authorized official of the City, may, upon presentation of proper credentials, enter such building or premises at all reasonable times to inspect the same and to perform any duty imposed upon such official by Ordinance; provided that, except in emergency situations, such official shall first give the owner and/or occupant, if they can be located after reasonable effort, twenty‑four hour written notice of the authorized official's intention to inspect.  In the event the owner and/or occupant refuses entry, the official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. 


 

                                                                         TITLE I  GENERAL PROVISIONS

 

                                                                                  CHAPTER 3  PENALTY

 


 

1-3-1            General Penalty


 

1-3-2           Civil Penalty - Municipal

                    Infraction


 

 

1‑3‑1            GENERAL PENALTY.  Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the Ordinances of Oxford Junction is guilty of a misdemeanor. Any person convicted of a misdemeanor under the Ordinances of Oxford Junction shall be punished by a fine of not more than one hundred dollars, or by imprisonment not to exceed thirty days. 

                                                                                                    (Code of Iowa, Sec. 364.3(2))

 

1-3-2            CIVIL PENALTY - MUNICIPAL INFRACTION.

                                                                                                    (Code of Iowa, Sec. 364.22)

 

           1.      DEFINITIONS. 

 

                    a.     Municipal Infraction. Except those provisions specifically provided under state law as a felony, an aggravated misdemeanor, or a serious misdemeanor or a simple misdemeanor under Chapters 687 through 747 of the Iowa Code, the doing of any act prohibited or declared to be unlawful, an offense or a misdemeanor by the Code of Ordinances City of Oxford Junction or any Ordinance or Code herein adopted by reference, or omission or failure to perform any act or duty required by the Code of Ordinances City of Oxford Junction or any Ordinance or Code herein adopted by reference, is a "municipal infraction" and is punishable by civil penalty as provided herein.

 

                    b.    Officer.  The term "officer" shall mean any employee or official authorized to enforce the Code of Ordinances of the City of Oxford Junction.

 

                    c.     Repeat offense.  The term "repeat offense" shall mean a recurring violation of the same section of the Code of Ordinances. 

 

           2.      VIOLATIONS, PENALTIES, AND ALTERNATIVE RELIEF. 

 

                    a.     A municipal infraction is punishable by a civil penalty as provided in the following schedule, unless a specific schedule of civil penalties is provided for specific offenses elsewhere in this Code.

 

                                                                                 Schedule of Civil Penalties

 

                    First offense--Not more than fifty dollars ($50.00). 

 

                    Second Offense--Not more than one hundred dollars ($100.00).

 

                    All other repeat offenses--Not more than two hundred dollars ($200.00).

                   

                    b.    Each day that a violation occurs or is permitted to exist by the violator constitutes a separate offense.

 

                    c.     Seeking a civil penalty as authorized in this chapter does not preclude the City from seeking alternative relief from the court in the same action.

 

           3.      CIVIL CITATIONS.

 

                    a.     Any officer authorized by the City to enforce the Code of Ordinances may issue a civil citation to a person who commits a municipal infraction.

 

                    b.    The citation may be served by personal service or by certified mail, return receipt requested.

 

                    c.     The original of the citation shall be sent to the Clerk of the district court.

                   

                    d.    The citation shall serve as notification that a civil offense has been committed and shall contain the following information:

 

                            (1)  The name and address of the defendant.

 

                            (2)  The name or description of the infraction attested to by the officer issuing the citation.

 

                            (3)  The location and time of the infraction.

 

                            (4)  The amount of civil penalty to be assessed or the alternative relief sought, or both.

 

                            (5)  The manner, location, and time in which the penalty may be paid.

 

                            (6)  The time and place of court appearance.

 

                            (7)  The penalty for failure to appear in court.

 


 

                                                                         TITLE I  GENERAL PROVISIONS

 

                                        CHAPTER 4  PROCEDURE FOR HEARINGS BY THE CITY COUNCIL

 


 

1-4-1            Purpose and Intent

1-4-2            General

1-4-3            Form of Notice of Hearing


 

1-4-4           Subpoenas

1-4-5           Conduct of Hearing

1-4-6           Method and Form of Decision


 

 

1-4-1           PURPOSE AND INTENT. 

 

           1.      It is the purpose of this article to establish an orderly, efficient, and expeditious process for evidentiary hearings before the City Council.

 

           2.      The provisions of this article shall apply to a proceeding required by constitution, statute or Ordinance to be determined by the City Council after an opportunity for an evidentiary hearing.

 

1-4-2            GENERAL.

 

           1.      Record. A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the City Council.

 

           2.      Reporting. The proceedings at the hearing may also be reported by a court reporter at the expense of any party.

 

           3.      Continuances. The City Council may grant continuances for good cause shown.

 

           4.      Oaths, certification. The City Council or any member thereof has the power to administer oaths and affirmations.

 

           5.      Reasonable dispatch. The City Council and its representatives shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their representatives.

 

1-4-3            FORM OF NOTICE OF HEARING.

 

           The notice to parties shall be substantially in the following form, but may include other information:

 

           "You are hereby notified that an evidentiary hearing will be held before the _________________ City Council at _____________ on the ______ day of ____________, 20___, at the hour ____________, upon the notice and order served upon you.  You may be present at the hearing.  You may be, but need not be, represented by counsel.  You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you.  You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with the City Clerk."

 

1-4-4            SUBPOENAS.  Filing of affidavit. The City Council may issue a subpoena for the attendance of witnesses or the production of other evidence at a hearing upon the request of a member of the City Council or upon the written demand of any party.  The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefor which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in the witness's possession or under the witness's control.  A subpoena need not be issued when the affidavit is defective in any particular.

 

1-4-5            CONDUCT OF HEARING.

 

           1.      Rules.  Hearings need not be conducted according to the technical rules relating to evidence and witnesses.

          

           2.      Oral evidence.  Oral evidence shall be taken only on oath or affirmation.

          

           3.      Hearsay evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state.

 

           4.      Admissibility of evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.

 

           5.      Exclusion of evidence. Irrelevant and unduly repetitious evidence shall be excluded.

 

           6.      Rights of parties.  Each party shall have these rights, among others:

 

                    a.     To call and examine witnesses on any matter relevant to the issues of the hearing;

 

                    b.    To introduce documentary and physical evidence;

 

                    c.     To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;

 

                    d.    To impeach any witness regardless of which party first called the witness to testify;

 

                    e.     To rebut the evidence against the party; and

 

                    f.     To self-representation or to be represented by anyone of the party's choice who is lawfully permitted to do so.

 

           7.      Official notice.

 

                    a.     What may be noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or of official records of the City or its departments and Ordinances of the City.

 

                    b.    Parties to be notified. Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended thereto.

 

                    c.     Opportunity to refute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the City Council.

 

           8.      Inspection of the premises. The City Council may inspect any building or premises involved in the apeal during the course of the hearing, provided that:

 

                    a.     Notice of such inspection shall be given to the parties before the inspection is made;

 

                    b.    The parties are given an opportunity to be present during the inspection; and

 

                    c.     The City Council shall state for the record, upon completion of the inspection, the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the City Council.

 


 

1-4-6            METHOD AND FORM OF DECISION.

 

           1.      Hearings before the City Council where a contested case is heard before the City Council, no member thereof who did not hear the evidence of has not read the entire record of the proceedings shall vote on or take part in the decision.  The City Council may designate a member or members to preside over the receipt of evidence.  Such member or members shall prepare findings of fact for the City Council.

 

           2.      Form of decision. The decision shall be in writing and shall contain findings of fact, a determination of the issues presented, and the requirements to be complied with.  A copy of the decision shall be delivered to the parties personally or sent to them by certified mail, postage prepaid, return receipt requested.

 

           3.      Effective date of decision. The effective date of the decision shall be stated therein.

 


 

                                                                TITLE II  POLICY AND ADMINISTRATION

 

                                                                            CHAPTER 1  CITY CHARTER

 


 

2-1-1            Charter

2-1-2            Form of Government

2-1-3            Powers and Duties


 

2-1-4           Number and Term of City

                    Council

2-1-5           Term of Mayor

2-1-6           Copies on File


 

 

2-1-1            CHARTER.  This chapter may be cited as the Charter of the City of Oxford Junction, Iowa.

 

2‑1‑2            FORM OF GOVERNMENT. The form of government of the City of Oxford Junction, Iowa, is the Mayor‑Council form of government.

                                                                                                    (Code of Iowa, Sec. 372.4)

 

2‑1‑3            POWERS AND DUTIES.  The City Council and Mayor and other City officers have such powers and shall perform such duties as are authorized or required by state law and by the Ordinances, resolutions, rules and regulations of the City of Oxford Junction, Iowa.

 

2‑1‑4            NUMBER AND TERM OF CITY COUNCIL. The City Council consists of five City Council members elected at large, elected for terms of four years.

                                                                                                    (Code of Iowa, Sec. 372.4)

                                                                                                    (Code of Iowa, Sec. 376.2)

 

2‑1‑5            TERM OF MAYOR.  The Mayor is elected for a term of two years.

                                                                                                    (Code of Iowa, Sec. 372.4)

                                                                                                    (Code of Iowa, Sec. 376.2)

 

2-1‑6            COPIES ON FILE.  The City Clerk shall keep an official copy of the charter on file with the official records of the City Clerk, shall immediately file a copy with the Secretary of State of Iowa, and shall keep copies of the charter available at the City Clerk's office for public inspection.

                                                                                                    (Code of Iowa, Sec. 372.1)


 

                                                                TITLE II  POLICY AND ADMINISTRATION

 

                                                  CHAPTER 2  APPOINTMENT AND QUALIFICATIONS OF

                                                                                  MUNICIPAL OFFICERS

 


 

2-2-1            Creation of Appointive Officers

2-2-2            Appointment of Officers

2-2-3            Terms of Appointive Officers

2-2-4            Vacancies in Offices

2-2-5  Resignations

2-2-6  Oaths

2-2-7            Bonds Required

2-2-8  Surety


 

2-2-9           Blanket Position Bond

2-2-10         Bonds Filed

2-2-11         Conflict of Interest

2-2-12         Removal of Appointed Officers

                    and Employees

2-2-13         Unlawful Use of City Property

2-2-14         Gifts


 

 

2‑2‑1            CREATION OF APPOINTIVE OFFICERS. There are hereby created by the City Council the following appointive officers:  Clerk, Treasurer, Attorney, and Fire Chief.

 

2‑2‑2            APPOINTMENT OF OFFICERS.  The Mayor shall appoint the Superintendent of Public Utilities, Superintendent of Public Works, Library Board of Trustees and Mayor pro tempore.

 

The City Council shall appoint the first Fire Chief of the volunteer fire department for a term of two (2) years. Future Fire Chiefs shall be elected for terms of two (2) years by the members of the volunteer Fire Department, with the approval of the City Council.

 

All other officers shall be appointed or selected by the City Council unless otherwise provided by law or Ordinance. 

 

2‑2‑3            TERMS OF APPOINTIVE OFFICERS.  The terms of all appointive officers that are not otherwise fixed by law or Ordinance shall be two (2) years.

 

2‑2‑4            VACANCIES IN OFFICES.  A vacancy in an appointive office shall be filled in the same manner as the original appointment. A vacancy in an elective office shall be filled by a majority vote of all members of the City Council, unless filled by election in accordance with State law.

 

2-2-5            RESIGNATIONS. An elected officer who wishes to resign may do so by submitting a resignation in writing to the Clerk for proper recording and consideration. A person who resigns from an elective office is not eligible for appointment to the same office during the time for which the person was elected, if during that time the compensation for that office has been increased.

 

2-2-6  OATHS. The oath of office shall be required and administered in accordance to the following:

 

           1.      Qualify for office. Each elected or appointed officer shall qualify for office by taking the prescribed oath. The oath shall be taken after being certified as elected but not later than noon of the first day which is not a Sunday or a legal holiday, in January of the first year of the term for which the officer was elected.

 

           2.      Prescribed oath. The prescribed oath is: “I, (name), do solemnly swear that I will support the constitution of the United States and the Constitution of the State of Iowa, and that I will faithfully and impartially, to the best of my ability, discharge all duties of the office of (name of office) in Oxford Junction as now or hereafter required by law.”

 

           3.      Officers empowered to administer oaths. The following are empowered to administer oaths and to take affirmations in any matter pertaining to the business of their respective office:

 

                    a.     Mayor

 

                    b.    Clerk

 

                    c.     Members of all boards, commissions or bodies created by law.

2‑2‑7            BONDS REQUIRED. Each municipal officer required by law or Ordinance to be bonded shall, before entering upon the duties of the office, execute to the City a good and sufficient bond, to be approved by the City Council, conditioned on the faithful performance of the duties and the proper handling and accounting for the money and property of the City in the official's charge unless the City Council shall have provided for a blanket position surety bond.

                                                                                                    (Code of Iowa, Sec. 64.13)

 

2‑2‑8            SURETY.  Any association or corporation which makes a business of insuring the fidelity of others and which has authority to do such business within Iowa shall be accepted as surety on any of the bonds.

 

2‑2‑9            BLANKET POSITION BOND. The City Council shall provide for a blanket position bond to cover all officers and employees of the City, but the City Council may provide by resolution for a surety bond for any other officer or employee that the City Council deems necessary.  The City shall pay the premium on any official bond. 

                                                                                                    (Code of Iowa, Sec. 64.13)

 

2‑2‑10          BONDS FILED.  All bonds when duly executed shall be filed with the Clerk, except that the Clerk's bond shall be filed with the Mayor.

                                                                                                    (Code of Iowa, Sec. 64.23)

 

2-2-11          CONFLICT OF INTEREST. A City officer or employee shall not have an interest, direct or indirect, in any contract, work, material or the profits thereof or services to be furnished or performed for the City, unless expressly permitted by law. A contract entered into in violation of this section is void. The provisions of this section do not apply to:

 

           1.      Compensation of officers. The payment of lawful compensation of a City officer or employee holding more than one City office or position, the holding of which is not incompatible with another public office or is not prohibited by law.

 

           2.      Investment of funds. The designation of a bank or trust company as a depository, paying agent, or for investment of funds.

 

           3.      City treasurer. An employee of a bank or trust company, who serves as Treasurer of the City.

 

           4.      Stock Interest. Contracts in which a City officer or employee has an interest solely by reason of employment, or a stock interest, or both, if the contract is for professional services not customarily awarded by competitive bid, if the remuneration of employment will not be directly affected as a result of the contract, and if the duties of employment do not directly involve the procurement or preparation of the contract.

 

           5.      Newspaper. The designation of an official newspaper.

 

           6.      Existing contracts. A contract in which a City officer or employee has an interest if the contract was made before the time the officer or employee was elected or appointed, but the contract may not be renewed.

 

           7.      Volunteers. Contracts with volunteer fire fighters or civil defense volunteers.

 

           8.      Corporations. A contract with a corporation on which a City officer or employee has an interest by reason of stock holdings when less than five (5%) percent of the outstanding stock of the corporation is owned or directly or indirectly controlled by the officer or employee or the spouse or immediate family of such officer or employee.

 

           9.      Contracts. Contract made by the City upon competitive bid in writing, publicly invited and opened.

 

           10.    Cumulative purchases. Contracts not otherwise permitted by this section, for the purchase of goods or services which benefit a City officer or employee, if the purchases do not exceed a cumulative total purchase price of fifteen hundred dollars ($1,500.00) in a fiscal year.

 

2-2-12          REMOVAL OF APPOINTED OFFICERS AND EMPLOYEES. Except as otherwise provided by State and City law, all persons appointed to City office or employment may be removed by the officer or body making the appointment, but every such removal shall be by written order. The order shall give the reason(s), be filed in the office of the clerk, and a copy shall be sent by certified mail to the person being removed, who, upon request filed with the clerk within thirty (30) days after the date of mailing the copy, shall be granted a public hearing before the Council on all issues connected with the removal. The hearing shall be held within thirty (30) days after the date the request is filed.

 

2-2-13          UNLAWFUL USE OF CITY PROPERTY. No person shall use or permit any other person to use the property owned by the City for any private purpose, personal gain, or to the detriment of the City.

 

2-2-14          GIFTS. The following regulations shall apply to the soliciting, acceptance, or reporting of gifts by City officials or employees:

 

           1.      Definitions. For use in this section, the following terms are defined:

 

                    a.     “Official” or “Employee” means an official or employee of the City.

                   

                    b.    “Immediate Family Members” means the spouse and minor children of a person required to file reports pursuant to this section.

 

           2.      Gifts solicited or accepted. A City official or employee or such person’s immediate family members shall not, directly or indirectly, solicit or accept from any one donor in any one calendar day a gift having a value of one dollar, ninety nine cents ($1.99) or more.


 

TITLE II  POLICY AND ADMINISTRATION

 

                                                                           CHAPTER 3  CITY ELECTIONS

 


 

2-3-1            Purpose

2-3-2            Nominating Method to be Used

2-3-3            Nominations by Petition

2-3-4            Adding Name by Petition

2-3-5            Preparation of Petition


 

2-3-6           Filing, Presumption, Withdrawals,

                    Objections

2-3-7           Persons Elected

2-3-8           Primary and Runoff Abolished


 

 

2-3-1            PURPOSE.  The purpose of this chapter is to designate the method by which candidates for elective municipal offices in the City shall be nominated and elected.

 

2-3-2            NOMINATING METHOD TO BE USED.  All candidates for elective municipal offices shall be nominated under the provisions of Chapter 45 of the Code of Iowa.

 

2-3-3            NOMINATIONS BY PETITION.  Nominations for elective municipal offices of the City may be made by nomination paper or papers signed by not less than ten eligible electors, residents of the City.

 

2-3-4            ADDING NAME BY PETITION.  The name of a candidate placed upon the ballot by any other method than by petition shall not be added by petition for the same office.

 

2-3-5            PREPARATION OF PETITION.  Each eligible elector shall add to the signature the elector's residence address, and date of signing.  The person whose nomination is proposed by the petition may not sign it. Before filing said petition, there shall be endorsed thereon or attached thereto an affidavit executed by the candidate, which affidavit shall contain:

 

           1.      Name and Residence.  The name and residence (including street and number, if any) of said nominee, and the office to which nominated.

 

           2.      Name on Ballot.  A request that the name of the nominee be printed upon the official ballot for the election.

 

           3.      Eligibility.  A statement that the nominee is eligible to be a candidate for the office and if elected will qualify as such officer.

 

           4.      Organization Statement.  A statement, in the form required by Iowa law, concerning the organization of the candidate's committee.

 

Such petition when so verified shall be known as a nomination paper.

 

2-3-6            FILING, PRESUMPTION, WITHDRAWALS, OBJECTIONS. The time and place of filing nomination petitions, the presumption of validity thereof, the right of a candidate so nominated to withdraw and the effect of such withdrawal, and the right to object to the legal sufficiency of such petitions, or to the eligibility of the candidate, shall be governed by the appropriate provisions of Chapter 44 of the Code of Iowa.

 

2-3-7            PERSONS ELECTED.  The candidates who receive the greatest number of votes for each office on the ballot are elected, to the extent necessary to fill the positions open.

 

2-3-8            PRIMARY AND RUNOFF ABOLISHED.  The Council has adopted Chapters 44 and 45 of the Code of Iowa for conducting elections and in accordance with Section 376.6(2), Code of Iowa, no primary or runoff election will be conducted for City offices.

 


 

                                                                TITLE II  POLICY AND ADMINISTRATION

 

                                                                  CHAPTER 4  POWERS AND DUTIES OF

                                                                                  MUNICIPAL OFFICERS

 


 

2-4-1            General Duties

2-4-2            Books and Records

2-4-3            Deposits of Municipal Funds

2-4-4            Transfer of Records and Property

                    To Successor

2-4-5            Powers and Duties of the Mayor

2-4-6            Powers and Duties of the Mayor Pro-Tem

2-4-7            Powers and Duties of the City Council

2-4-8            Exercise of Power by the City Council

2-4-9            Meetings of the City Council


 

2-4-10          Powers and Duties of the Clerk

2-4-11          Reserved

2-4-12          Powers and Duties of the Police Chief

                    or County Sheriff

2-4-13          Powers and Duties of the City

                     Attorney

2-4-14          Powers and Duties of the Superintendent                  of Public Utilities

2-4-15          Powers and Duties of the Superintendent                   of Public Works

2-4-16          Powers and Duties of the Fire Chief


 

 

2‑4‑1            GENERAL DUTIES.  Each municipal officer shall exercise the powers and perform the duties prescribed by law and Ordinance, or as otherwise directed by the City Council unless contrary to State law or City charter.

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

 

2‑4‑2            BOOKS AND RECORDS.  All books and records required to be kept by law or Ordinance shall be open to inspection by the public upon request.

                                                                                                    (Code of Iowa, Sec. 22.1, 22.2, and 22.7)

 

2‑4‑3            DEPOSITS OF MUNICIPAL FUNDS.  Prior to the fifth day of each month, each office or department shall deposit all funds collected on behalf of the municipality during the preceding month. The officer responsible for the deposit of funds shall take such funds to the City Clerk, together with receipts indicating the sources of the funds.

 

2‑4‑4            TRANSFER OF RECORDS AND PROPERTY TO SUCCESSOR.  Each officer shall transfer to the official's successor in office all books, papers, records, documents and property, together with an invoice of the same, in the official's custody and appertaining to the official's office.

 

2‑4‑5            POWERS AND DUTIES OF THE MAYOR.  The duties of the Mayor shall be as follows:

 

           1.      The Mayor shall supervise all departments of the City and give direction to department heads concerning the functions of the departments. The Mayor shall have the power to examine all functions of the municipal departments, their records, and to call for special reports from department heads at any time.

                                                                                                    (Code of Iowa, Section 372.14(1))

 

           2.      The Mayor shall act as presiding officer at all regular and special City Council meetings. The Mayor pro tem shall serve in this capacity in the Mayor's absence.

                                                                                                    (Code of Iowa, Sec. 372.14(1) and (3))

 

           3.      The Mayor may sign, veto, or take no action on an Ordinance, amendment or resolution passed by the City Council.  If the Mayor vetoes a measure, the Mayor must explain in writing the reason for such veto to the City Council.  The City Council may re-pass a measure over the Mayor's veto by a two‑thirds majority of the City Council members, if said action is taken within thirty days of the veto.

                                                                                                    (Code of Iowa, Sec. 380.5 and 380.6(2))

 

           4.      The Mayor shall represent the City in all negotiations properly entered into in accordance with law or Ordinance. The Mayor shall not represent the City where this duty is specifically delegated to another officer by law or Ordinance.

 

           5.      The Mayor shall, whenever authorized by the City Council, sign all contracts on behalf of the City.

 

           6.      The Mayor shall call special meetings of the City Council when the Mayor deems such meetings necessary to the interests of the City.

 

           7.      The Mayor shall make such oral or written reports to the City Council at the first meeting of every month as referred. These reports shall concern municipal affairs generally, the municipal departments, and recommendations suitable for City Council action.

 

           8.      Immediately after taking office the Mayor shall designate one member of the City Council as Mayor pro tempore. The Mayor pro tempore shall be vice‑president of the City Council. Except for the limitations otherwise provided herein, the Mayor pro tempore shall perform the duties of the Mayor in cases of absence or inability of the Mayor to perform the duties of the office. In the exercise of the duties of the office the Mayor pro tempore shall not have power to employ or discharge from employment officers or employees that the Mayor has the power to appoint, employ or discharge. The Mayor pro tempore shall have the right to vote as a member of the City Council.

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

 

           9.      The Mayor shall, upon order of the City Council, secure for the City such specialized and professional services not already available to the City. In executing the order of the City Council the Mayor shall conduct said duties in accordance with the City Ordinance and the laws of the State of Iowa.

 

           10.    The Mayor shall sign all licenses and permits which have been granted by the City Council, except those designated by law or Ordinance to be issued by another municipal officer.

 

           11.    Upon authorization of the City Council, the Mayor shall revoke permits or licenses granted by the City Council when their terms, the Ordinances of the City, or the laws of the State of Iowa are violated by holders of said permits or licenses.

 

           12.    The Mayor shall order to be removed, at public expense, any nuisance for which no person can be found responsible and liable. This order shall be in writing. The order to remove said nuisances shall be carried out by the Police Chief or Jones County Sheriff.

 

2‑4‑6            POWERS AND DUTIES OF THE MAYOR PRO-TEM. The duties of the Mayor Pro-Tem shall be as follows:

 

           1.      The Mayor Pro-Tem shall be the vice-president of the City Council.

 

           2.      Except for the limitations otherwise provided herein, the Mayor Pro-Tem shall perform the duties of the Mayor in cases of absence or inability of the Mayor to perform such duties. In the exercise of the duties of the office of Mayor, the Mayor Pro-Tem shall not have power to employ, or discharge from employment, without the approval of the Council.

 

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

 

2-4-7            POWER AND DUTIES OF THE CITY COUNCIL.  The powers and duties of the City Council include, but are not limited to the following:

 

           1.      General. All powers of the City are vested in the City Council except as otherwise provided by law or ordinance.

                                                                                                    (Code of Iowa, Sec. 364.2(1))

 

           2.      Fiscal Authority.  The City Council shall apportion and appropriate all funds, and audit and allow all bills, accounts, payrolls and claims, and order payment thereof. It shall make all assessments for the cost of street improvements, sidewalks, sewers and other work, improvement or repairs which may be specially assessed.

                                                                                                    (Code of Iowa, Sec. 364.2(1), 384.16 & 384.38(1))

 

          

 

           3.      Public Improvements.  The City Council shall make all orders for the doing of work, or the making or construction of any improvements, bridges or buildings.

                                                                                                    (Code of Iowa, Sec. 364.2(1))

          

           4.      Contracts.  The City Council shall make or authorize the making of all contracts, and no contract shall bind or be obligatory upon the City unless either made by ordinance or resolution adopted by the City Council, or reduced to writing and approved by the City Council, or expressly authorized by ordinance or resolution adopted by the City Council.

                                                                                                    (Code of Iowa, Sec. 364.2(1) & 384.95 through 384.102)

 

           5.      Employees. The City Council shall authorize, by resolution, the number, duties, term of office and compensation of employees or officers not otherwise provided for by the State law or the Code of Ordinances.

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

 

           6.      Setting Compensation for Elected Officers.  By ordinance, the City Council shall prescribe the compensation of the Mayor, City Council members, and other elected City officers, but a change in the compensation of the Mayor does not become effective during the term in which the change is adopted, and the City Council shall not adopt such an ordinance changing the compensation of any elected officer during the months of November and December in the year of a regular City election. A change in the compensation of City Council members becomes effective for all City Council members at the beginning of the term of the City Council members elected at the election next following the change in compensation.

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

 

2-4-8            EXERCISE OF POWER BY THE CITY COUNCIL.  The City Council shall exercise a power only by the passage of a motion, a resolution, an amendment, or an ordinance in the following manner:

                                                                                                    (Code of Iowa, Sec. 364.3(1))

 

           1.      Approved Action by the City Council. Passage of an ordinance, amendment, or resolution requires an affirmative vote of not less than a majority of the City Council members. A motion to spend public funds in excess of ten thousand dollars ($10,000) on any one project, or a motion to accept public improvements and facilities upon their completion also requires an affirmative vote of not less than a majority of the City Council members. Each Council member's vote on an ordinance, amendment or resolution must be recorded.

                                                                                                    (Code of Iowa, Sec. 380.4)

 

           2.      Overriding Mayor's Veto.  Within thirty (30) days after the Mayor's veto, the City Council may re-pass the ordinance or resolution by a vote of not less than two-thirds of the City Council members, and the ordinance or resolution becomes effective upon re-passage and publication.

                                                                                                    (Code of Iowa, Sec. 380.6(2))

 

           3.      Measures Become Effective.  Measures passed by the City Council, other than motions, become effective in one of the following ways:

 

                    a.     If the Mayor signs the measure, a resolution becomes effective immediately upon signing and an ordinance or amendment becomes a law when published, unless a subsequent effective date is provided within the measure.

                                                                                                    (Code of Iowa, Sec. 380.6(1))

 

                    b.    If the Mayor vetoes a measure and the City Council re-passes the measure after the Mayor's veto, a resolution becomes effective immediately upon re-passage, and an ordinance or amendment becomes a law when published unless a subsequent effective date is provided with the measure.

                                                                                                    (Code of Iowa, Sec. 380.6(2))

 

                    c.     If the Mayor takes no action on the measure, a resolution becomes effective fourteen (14) days after the date of passage and an ordinance or amendment becomes law when published, but not sooner than fourteen (14) days after the day of passage, unless a subsequent effective date is provided within the measure.

                                                                                                    (Code of Iowa, Sec. 380.6(3))

2-4-9            MEETINGS OF THE CITY COUNCIL.  Procedures for City Council meetings are as follows:

 

           1.      Regular Meetings.  The time and place of regular meetings of the City Council shall be fixed by resolution.

 

           2.      Special Meetings. Special meetings shall be held upon call of the Mayor or upon the written request of a majority of the members of the City Council submitted to the City Clerk. Notice of a special meeting shall specify the date, time, place and subject of the meeting and such notice shall be given personally or left at the usual place of residence of each member of the City Council. A record of the service of notice shall be maintained by the City Clerk.

                                                                                                    (Code of Iowa, Sec. 372.13(5))

 

           3.      Quorum.  A majority of all City Council members is a quorum.

                                                                                                    (Code of Iowa, Sec. 372.13(1))

 

           4.      Rules of Procedure.  The City Council shall determine its own rules and maintain records of its proceedings.

                                                                                                    (Code of Iowa, Sec. 372.13(5))

 

           5.      Compelling Attendance.  Any three (3) members of the City Council can compel the attendance of the absent members at any regular, adjourned or duly called meeting, by serving a written notice upon the absent members to attend at once.       

          

           6.      Open meetings. All meetings shall be held in open session unless closed sessions are held as expressly permitted by State law.

 

2‑4‑10          POWERS AND DUTIES OF THE CLERK.  The duties of the Clerk shall be as follows:

 

           1.      The Clerk shall attend all regular and special City Council meetings and prepare and publish a condensed statement of the proceedings thereof, to include the total expenditure from each City fund. The statement shall further include a list of all claims allowed, a summary of all receipts and the gross amount of the claims.

                                                                                                    (Code of Iowa, Sec. 372.13(4) and (6))

 

           2.      The Clerk shall record each measure taken by the City Council, stating where applicable whether the Mayor signed, vetoed, or took no action on the measure and what action the City Council made upon the Mayor's veto.

                                                                                                    (Code of Iowa, Sec. 380.7(1))

 

           3.      The Clerk shall cause to be published either the entire text or a summary of all Ordinances and amendments enacted by the City.  "Summary" shall mean a narrative description of the terms and conditions of an Ordinance setting forth the main points of the Ordinance in a manner calculated to inform the public in a clear and understandable manner the meaning of the Ordinance and which shall provide the public with sufficient notice to conform to the desired conduct required by the Ordinance. The description shall include the title of the Ordinance, an accurate and intelligible abstract or synopsis of the essential elements of the Ordinance, a statement that the description is a summary, the location and the normal business hours of the office where the Ordinance may be inspected, when the Ordinance becomes effective, and the full text of any provisions imposing fines, penalties, forfeitures, fees, or taxes. Legal descriptions of property set forth in Ordinances shall be described in full, provided that maps or charts may be substituted for legal descriptions when they contain sufficient detail to clearly define the area with which the Ordinance is concerned. The narrative description shall be written in a clear and coherent manner and shall, to the extent possible, avoid the use of technical or legal terms not generally familiar to the public. When necessary to use technical or legal terms not generally familiar to the public, the narrative description shall include definitions of those terms.

 

The Clerk shall authenticate all such measures except motions with said Clerk's signature, certifying the time and place of publication when required.

                                                                                                    (Code of Iowa, Sec. 380.7(1) and (2))

 

           4.      The Clerk shall maintain copies of all effective City Ordinances and codes for public use.

                                                                                                    (Code of Iowa, Sec. 380.7(4))

 

           5.      The Clerk shall publish notice of public hearings, elections and other official actions as required by State and City law and is hereby directed to post promptly such ordinances and amendments, and to leave them posted for not less than ten (10) days  after the first date of posting, in the following locations:

                                                                                                    (Code of Iowa, Sec. 362.3)

 

                    a.     City Library

                    b.    Citizens State Bank

                    c.     Post Office outer lobby

 

           6.      The Clerk shall certify all measures establishing any zoning district, building lines, or fire limits, and a plat showing each district, lines or limits to the recorder of the county containing the affected parts of the City.

                                                                                                    (Code of Iowa, Sec. 380.11)

 

           7.      The Clerk shall be the chief finance and accounting officer of the City.

 

           8.      The Clerk shall keep separate accounts for every appropriation, department, public improvement or undertaking, and for every public utility owned or operated by the City. Each account shall be kept in the manner required by law.

                                                                                                    (Code of Iowa, Sec. 384.20)

 

           9.      Following City Council adoption for the budget, the Clerk shall certify the necessary tax levy for the following year to the County Auditor and the County Board of Supervisors.

                                                                                                    (Code of Iowa, Sec. 384.16(5))

 

           10.    The Clerk shall report to the City Council at the first meeting of each month the status of each municipal account as of the end of the previous month.

 

           11.    The Clerk shall balance all funds with the bank statement at the end of each month.

 

           12.    The Clerk shall prepare the annual public report, publish it, and send a certified copy to the State Auditor and other State officers as required by law.

                                                                                                    (Code of Iowa, Sec. 384.22)

 

           13.    The Clerk shall maintain all City records as required by law.

                                                                                                    (Code of Iowa, Sec. 372.13(3) and (5))

 

           14.    The Clerk shall have custody and be responsible for the safekeeping of all writings or documents in which the municipality is a party in interest unless otherwise specifically directed by law or Ordinance.

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

          

           15.    The Clerk shall file and preserve all receipts, vouchers, and other documents kept, or that may be required to be kept, necessary to prove the validity of every transaction and the identity of every person having any beneficial relation thereto.

 

           16.    The Clerk shall furnish upon request to any municipal officer a copy of any record, paper or public document under the Clerk's control when it may be necessary to such officer in the discharge of the Clerk's duty. The Clerk shall furnish a copy to any citizen when requested upon payment of the fee set by City Council resolution. The Clerk shall, under the direction of the Mayor or other authorized officer, affix the seal of the corporation to those public documents or instruments which by Ordinance are required to be attested by the affixing of the seal.

                                                                                                    (Code of Iowa, Sec. 380.7(4), Sec. 22.2 and 22.7)

 

           17.    The Clerk shall attend all meetings of committees, boards and commissions of the City. The Clerk shall record and preserve a correct record of the proceedings of such meetings.

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

 

           18.    The Clerk shall keep and file all communications and petitions directed to the City Council or to the City generally. The Clerk shall endorse thereon the action of the City Council taken upon matters considered in such communications and petitions.

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

 

           19.    The Clerk shall issue all licenses and permits approved by the City Council, and keep a record of licenses and permits issued which shall show a date of issuance, license or permit number, official receipt number, name of

person to whom issued, term of license or permit, and purpose for which issued.

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

 

           20.    The Clerk shall inform all persons appointed by the Mayor or City Council to offices in the municipal government of their position and the time at which they shall assume the duties of their office.

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

 

           21.    The Clerk shall preserve a complete record of every City election, regular or special and perform the following duties in regard to elections:

                                                                                                    (Code of Iowa, Sec. 376.4)

 

                    a.     In the event of a change in the method of nomination process used by the City, certify to the commissioner of elections the type of nomination process to be used by the City no later that seventy seven (77) days before the date of the regular City election.

 

                    b.    Accept the nomination petition of a candidate for a City office for filing if it has the requisite number of signatures and is timely filed.

 

                    c.     Designate other employees or officials  of the City who are ordinarily available to accept nomination papers if the clerk is not readily available during normal working hours.

 

                    d.    Note upon each petition and affidavit accepted for filing the date and time that petition was filed.

 

                    e.     Deliver all nomination petitions, together with the text of any public measure being submitted by the Council to the electorate, to the County Commissioner of Elections not later than 5:00 p.m. on the day following the last day on which nomination petition can be filed.

 

           22.    The Clerk shall draw all warrants/checks for the City upon the vote of the City Council.

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

 

           23.    The Clerk shall show on every warrant/check the fund on which it is drawn and the claim to be paid.

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

 

           24.    The Clerk shall keep a warrant/check record in a form approved by the City Council, showing the number, date, amount, payee's name, upon what fund drawn, and for what claim each warrant/check is issued.

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

 

           25.    The Clerk shall bill and collect all charges, rents or fees due the City for utility and other services, and give a receipt therefore.

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

 

           26.    Annually, the Clerk shall prepare and submit to the City Council an itemized budget of revenues and expenditures.

                                                                                                    (Code of Iowa, Sec. 384.16)

 

           27.    The Clerk shall keep the record of each fund separate.

                                                                                                    (Code of Iowa, Sec. 372.13(4) and 384.85)

 

           28.    The Clerk shall keep an accurate record for all money or securities received by the Clerk on behalf of the municipality and specify date, from whom, and for what purposes received.

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

 

           29.    The Clerk shall prepare a receipt in duplicate for all funds received. The Clerk shall give the original to the party delivering the funds, and retain the duplicate.

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

 

           30.    The Clerk shall keep a separate account of all money received by the Clerk for special assessments.

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

 

           31.    The Clerk shall, immediately upon receipt of monies to be held in the Clerk's custody and belonging to the City, deposit the same in banks selected by the City Council in amounts not exceeding monetary limits authorized by the City Council.

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

 

2‑4‑11           RESERVED.

 

2‑4‑12          POWERS AND DUTIES OF THE POLICE CHIEF OR COUNTY SHERIFF.  The duties of the Police Chief or Jones County Sheriff shall be as follows:

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

 

           1.      The Police Chief or Jones County Sheriff shall wear upon the outer garment and in plain view a metal badge engraved with the name of the office, and such uniform as may be specified by the City Council.

 

           2.      The Police Chief or Jones County Sheriff shall assist the City Attorney in prosecuting any persons for the violation of an Ordinance by gathering all the facts and circumstances surrounding the case.

 

           3.      The Police Chief or Jones County Sheriff shall be sergeant‑at‑arms of the Council chamber when requested by the City Council.

 

           4.      The Police Chief or Jones County Sheriff shall report to the City Council upon department activities when requested.

           5.      The Police Chief or Jones County Sheriff shall protect the rights of persons and property, preserve order at all public gatherings, prevent and abate nuisances, and protect persons against every manner of unlawful disorder and offense.

 

           6.      The Police Chief or Jones County Sheriff shall have charge of the City jail when such is provided and of all persons held therein.  The Police Chief or Jones County Sheriff shall execute all orders of the court referring to the jail. The Police Chief or Jones County Sheriff shall feed and shelter persons jailed in the usual manner and as required by law. When no City jail is provided, the Police Chief or Jones County Sheriff shall make arrangements to convey any persons requiring detention to the County jail as provided by law and agreements with the County.

 

           7.      The Police Chief or Jones County Sheriff shall, whenever any person is bound over to the district court, convey the prisoner to the County jail.

 

           8.      The Police Chief or Jones County Sheriff shall execute all lawful orders of any board or commission established by the City Council.

 

           9.      The Police Chief or Jones County Sheriff shall be in command of all officers appointed for police work and be responsible for the care, maintenance and use of all vehicles and equipment for the department.

 

           10.    The Police Chief or Jones County Sheriff may appoint one or more assistants, who may perform the duties described herein and who shall be members of the police force.

 

           11.    The Police Chief or Jones County Sheriff shall make such rules, not in conflict with the provisions of this Ordinance, as needed for the detailed operation of the police department, subject to the approval of the City Council. Such rules shall cover off‑duty and on‑duty conduct and activity of members, the wearing and care of the uniform, the use and practice with side arms and other police weapons, the use of police radio and other communications, attendance at training meetings and such other matters as the Police Chief or Jones County Sheriff determines to be necessary for the operation of the police department. The Police Chief or Jones County Sheriff shall see that the discipline and conduct of the department conforms to rules of the department. In the event of an emergency the Police Chief or Jones County Sheriff may make temporary rules for the protection of the system until due consideration by the City Council may be had.

 

           12.    The Police Chief or Jones County Sheriff shall, when requested, aid other municipal officers in the execution of their official duties.

 

           13.    The Police Chief or Jones County Sheriff shall report all motor vehicle accidents the police department investigates in the regular course of duty to the Iowa Department of Public Safety as provided by law.

 

           14.    The Police Chief or Jones County Sheriff shall keep a record of all arrests made in the City by police officers. The Police Chief or Jones County Sheriff shall record whether said arrest was made under provisions of the laws of the State of Iowa or Ordinances of the City. The record shall show the offense for which arrest was made, who made the arrest, and the disposition made of the charge.

 

At least every year the Police Chief or Jones County Sheriff shall review and determine the current status of all Iowa arrests reported, which are at least one year old with no disposition data.  Any Iowa arrest recorded within a computer data storage system which has no disposition data after four years shall be removed unless there is an outstanding arrest warrant or detained on such charge.

 

In lieu of the appointment of a Police Chief by the Mayor, the City Council may contract with the County Sheriff or any other qualified lawful entity to provide law enforcement services within the City and in such event the Sheriff or such other entity shall have and exercise the powers and duties of the Police Chief as provided herein.

 

2‑4‑13          POWERS AND DUTIES OF THE CITY ATTORNEY.  The duties of the City Attorney shall be as follows:

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

 

           1.      If requested, the City Attorney shall attend every regular meeting of the City Council and attend those special meetings of the City Council at which the City Attorney is required to be present.

 

           2.      The City Attorney shall, upon request, formulate drafts for contracts, forms and other writings which may be required for the use of the City.

 

           3.      The City Attorney shall keep in proper files a record of all official opinions and a docket or register of all actions prosecuted and defined by the City Attorney accompanied by all proceedings relating to said actions.

 

           4.      The City Attorney shall, upon request, give an opinion in writing upon all questions of law relating to municipal matters submitted by the City Council, the Mayor, members of the City Council individually, municipal boards or the head of any municipal department.

 

           5.      The City Attorney shall prepare those Ordinances when the City Council may desire and direct to be prepared and report to the City Council upon all Ordinances before their final passage by the City Council and publication.

 

           6.      The City Attorney shall act as Attorney for the City in all matters affecting the City's interest and appear on behalf of the City before any court, tribunal, commission or board. The City Attorney shall prosecute or defend all actions and proceedings when so requested by the Mayor or City Council.

 

           7.      The City Attorney shall not appear on behalf of any municipal office or employee before any court or tribunal for the purely private benefit of said officer or employee. The City Attorney shall, however, if directed by the City Council, appear to defend any municipal officer or employee in any cause of action arising out of or in the course of the performance of the duties of his or her office or employment.

 

           8.      The City Attorney shall sign the name of the City to all appeal bonds and to all other bonds or papers of any kind that may be essential to the prosecution of any cause in court, and when so signed the City shall be bound upon the same.

 

           9.      The City Attorney shall make a written report to the City Council and interested department heads of the defects in all contracts, documents, authorized power of any City officer, and Ordinances submitted to said City Attorney or coming under said City Attorney's notice.

 

           10.    The City Attorney shall, upon request, after due examination, offer a written opinion on and recommend alterations pertaining to contracts involving the City before they become binding upon the City or are published.

 

2‑4‑14          POWERS AND DUTIES OF THE SUPERINTENDENT OF PUBLIC UTILITIES. The duties of the superintendent of public utilities shall be as follows:

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

 

           1.      The Superintendent shall be responsible for the management, operation and maintenance of all municipal utilities.

 

           2.      The Superintendent shall keep records of accounts payable, revenues, accounts receivable, expenditures made, depreciation of plant and equipment, and a continuous up‑to‑date inventory of all goods and supplies.  The Superintendent shall keep all other records ordered to be kept by the Mayor in addition to those provided for by law or Ordinance.

 

           3.      The Superintendent shall make a report every month in writing to the Mayor and City Council on the present state of the public utilities. In this report shall be specifically stated the financial condition, production and the general condition of the entire utilities enterprise. The Superintendent shall, at the close of every year, compile (or cause to be compiled) a written annual report of the activities and general condition of the public utilities of the City.  This report shall contain a statement of the general progress and accomplishments of the plants and systems for the year covered in the report; a statement of financial operations for the year showing revenues, expenditures, and profits or losses; a summary of the history of the financial operations of the plant for the past five (5) years showing total revenue, cost of operations, depreciation, interest on bonds and net profits; a statement of free services rendered to the municipality during the year and their estimated cash value; a statement of the rate schedules that are presently in effect; and a balance sheet with a statement of all assets, liabilities and reserves.

 

2‑4‑15          POWERS AND DUTIES OF THE SUPERINTENDENT OF PUBLIC WORKS. The duties of the Superintendent of public works shall be as follows:

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

 

           1.      The Superintendent shall supervise the installation of all storm sewers in the City in accordance with the regulations of the department of public works pertaining to the installation of storm sewers.

          

           2.      The Superintendent shall maintain and repair the sidewalks, alleys, bridges and streets and keep them in a reasonably safe condition for travelers.  The Superintendent shall immediately investigate all complaints of the existence of dangerous or impassable conditions of any sidewalk, street, alley, bridge, underpass or overpass, and is charged with the duty of correcting unsafe defects in them.

 

           3.      The Superintendent shall, whenever snow or ice imperil travel upon streets and alleys, be in charge of removing said snow and ice from the streets and alleys in the City and shall do whatever else is necessary and reasonable to make travel upon streets and alleys of the City safe.

 

           4.      The Superintendent shall compile and maintain written records of the purchases, accomplishments, disposition of equipment and manpower, an up‑to‑date inventory, and activities contemplated by the street department.  The Superintendent shall make monthly oral and written reports of the activities of the department to the Mayor on or before the first day of each month.

 

           5.      The Superintendent shall perform all other duties of a public works nature which are not specifically assigned to other municipal officials or employees.

 

2‑4‑16          POWERS AND DUTIES OF THE FIRE CHIEF.  The duties of the Fire Chief shall be as follows:

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

 

           1.      The Fire Chief shall be charged with the duty of maintaining the efficiency, discipline and control of the fire department. The members of the fire department shall, at all times, be subject to the direction of the Fire Chief.

 

           2.      The Fire Chief shall enforce all rules and regulations established by the City Council for the conduct of the affairs of the fire department.

 

           3.      The Fire Chief shall exercise and have full control over the disposition of all fire apparatus, tools, equipment and other property used by or belonging to the fire department.

          

           4.      The Fire Chief shall cause to be kept records of the fire department personnel, operating cost and efficiency of each element of fire fighting equipment, depreciation of all equipment and apparatus, the number of responses to alarms, their cause and location, and an analysis of losses by value, type and location of buildings.

 

           5.      The Fire Chief shall make monthly written reports at the City Council meeting to the Mayor and City Council concerning the general status and efficiency of the fire department, the number of alarms answered during the month previous, and additional information that may be requested by the Mayor or the City Council. The Fire Chief shall compile an annual report based upon the records maintained by the fire department and summarizing the activities of the fire department for the year. This report shall be filed with the Mayor. The annual report shall also contain recommendations for the improvement of the department.

 

           6.      The Fire Chief shall enforce all Ordinances and, where enabled, state laws regulating the following:

 

                    a.     Fire prevention.

 

                    b.    Maintenance and use of fire escapes.

                    c.     The investigation of the cause, origin and circumstances of fires.

 

                    d.    The means and adequacy of exits in case of fire from halls, theaters, churches, hospitals, asylums, lodging houses, schools, factories and all other buildings in which the public congregates for any purpose.

 

                    e.     The installation and maintenance of private fire alarm systems and fire extinguishing equipment.

 

           7.      The Fire Chief shall have the right of entry into any building or premises within the Fire Chief's jurisdiction at a reasonable time and after reasonable notice to the occupant or owner. The Fire Chief shall there conduct such investigation or inspection that the Fire Chief considers necessary in light of state law, regulations or Ordinance.

 

           8.      The Fire Chief shall make such recommendations to owners, occupants, caretakers or managers of buildings necessary to eliminate fire hazards.

 

           9.      The Fire Chief shall, at the request of the State Fire Marshal, and as provided by law, aid said Marshal in the performance of the Marshal's duties by investigating, preventing and reporting data pertaining to fires. 


 

                                                                TITLE II  POLICY AND ADMINISTRATION

 

                                                       CHAPTER 5  SALARIES OF MUNICIPAL OFFICERS

 


 

2-5-1            Council Member

2-5-2            Mayor


 

2-5-4            Mayor Pro-Tem

2-5-5            Other Officers


 

2-5-3         Deductions

 

2‑5‑1            COUNCIL MEMBER.  The salaries of each City Council member shall be $40.00 for each meeting of the City Council including special City Council Meetings to be paid in annual installments.

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

 

2‑5‑2            MAYOR.  The Mayor shall receive an annual salary of $1,500.00 to be paid in annual installments.

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

 

2-5-3            DEDUCTIONS. Deductions for Fica and Med Tax will be taken from the compensation payment, with a matching amount to be paid from the administration account, under the general fund. Elected council members and the Mayor may also apply for IPERS.

 

2-5-4            MAYOR PRO-TEM. If the Mayor Pro-Tem performs the duties of the Mayor during the Mayor’s absence or disability for a continuous period of fifteen (15) days or more, the Mayor Pro-Tem may be paid for that period the compensation as determined by the Council, based upon the performance of the Mayor Pro-Tem.

 

2‑5‑5            OTHER OFFICERS.  The compensation of all other officers and employees shall be set by resolution of City Council.

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

 


 

                                                                TITLE II  POLICY AND ADMINISTRATION

 

                                                                             CHAPTER 6  CITY FINANCE

                   


 

2-6-1            Budget Adoption

2-6-2            Budget Amendment

2-6-3            Budget Protest

2-6-4            Accounts and Programs

2-6-5            Annual Report

2-6-6            Council Transfers

2-6-7            Administrative Transfers

2-6-8            Budget Officer

2-6-9  Revenues

2-6-10          Expenditures


 

2-6-11          Authorizations to Expend

2-6-12          Petty Cash Fund

2-6-13          Accounting

2-6-14          Budget Accounts

2-6-15          Contingency Accounts

2-6-16          Emergency Fund

2-6-17          Debt Service Fund

2-6-18          Capital Improvements

                     Reserve Fund

2-6-19          Utility and Enterprise Funds

2-6-20          Capital Budget Preparation


 

 

2‑6‑1            BUDGET ADOPTION. Annually, the City shall prepare and adopt a budget, and shall certify taxes as follows:

                                                                                                    (Code of Iowa, Sec. 384.16)

 

           1.  A budget shall be prepared for at least the following fiscal year. When required by rules of the State City finance committee, a tentative budget shall be prepared for one or two ensuing years. The proposed budget shall show estimates of the following: 

 

                    a.     Expenditures for each program.

 

                    b.    Income from sources other than property taxation.

 

                    c.     Amount to be raised by property taxation, and the property tax rate expressed in dollars per one thousand dollars valuation.

 

The budget shall show comparisons between the estimated expenditures in each program in the following year and the actual expenditures in each program during the two preceding years. Wherever practicable, as provided in rules of the State City finance committee, a budget shall show comparisons between the levels of service provided by each program as estimated for the following year, and actual levels of service provided by each program during the two preceding years.

 

           2.      Not less than twenty days before the date that the budget must be certified to the County Auditor, the Clerk shall provide a sufficient number of copies of the budget to meet reasonable demands of taxpayers, and have them available for distribution at the offices of the Mayor and Clerk and at the City library, if any, or at three places designated by Ordinance for posting notices.

 

           3.      The City Council shall set a time and place for public hearing on the budget before the final certification date and shall publish notice before the hearing as provided in Iowa law. Proof of publication shall be filed with the County Auditor.

 

           4.      At the hearing, any resident or taxpayer of the City may present to the City Council objections to any part of the budget for the following fiscal year or arguments in favor of any part of the budget.

 

           5.      After the hearing, the City Council shall adopt a budget for at least the following fiscal year, and the Clerk shall certify the necessary tax levy for the following year to the County Auditor and the County Board of Supervisors. The tax levy certified may be less than but not more than the amount estimated in the proposed budget, unless an additional tax levy is approved at a City election. Two copies of the complete budget as adopted shall be transmitted to the County Auditor.

 

2‑6‑2            BUDGET AMENDMENT.  The City budget as finally adopted for the following fiscal year becomes effective July first and constitutes the City appropriation for each program and purpose specified therein until amended. The City budget for the current fiscal year may be amended for any of the following purposes:

                                                                                                    (Code of Iowa, Sec. 384.18)

 

           1.      To permit the appropriation and expenditures of unexpended, unencumbered cash balances on hand at the end of the preceding fiscal year which had not been anticipated in the budget.

 

           2.      To permit the appropriation and expenditure of amounts anticipated to be available from sources other than property taxation, and which had not been anticipated in the budget.

 

           3.      To permit transfers from the debt service fund, the capital improvements reserve fund, the emergency fund, or other funds established by State law, to any other City fund, unless specifically prohibited by State law.

 

           4.      To permit transfers between programs within the general fund.

 

The budget amendment shall be prepared and adopted in the same manner as the original budget, and is subject to protest as provided in Section 2‑6‑3 of this chapter, except that the City Council may by rule provide that amendments of certain types or up to certain amounts may be made without public hearing and without being subject to protest.

 

2‑6‑3            BUDGET PROTEST.  Within a period of ten days after the final date that the budget or amended budget may be certified to the County Auditor, persons affected by the budget may file a written protest with the County Auditor, specifying their objection to the budget or any part of it.  A protest must be signed by qualified voters equal in number to one‑fourth of one percent of the votes cast for governor in the last preceding general election in the City, but not less than ten persons.

                                                                                                    (Code of Iowa, Sec. 384.19)

 

2‑6‑4            ACCOUNTS AND PROGRAMS.  The City shall keep separate accounts corresponding to the programs and items in its adopted or amended budget, as recommended by the State City Finance Committee.

 

The City shall keep accounts which show an accurate and detailed statement of all public funds collected, received, or expended for any City purpose, by any City officer, employee, or other person, and which show the receipt, use, and disposition of all City property.  Public monies may not be expended or encumbered except under an annual or continuing appropriation.

                                                                                                    (Code of Iowa, Sec. 384.20)

 

2‑6‑5            ANNUAL REPORT.  Not later than October first of each year the City shall publish an annual report containing a summary for the preceding fiscal year of all collections and receipts, all accounts due the City, and all expenditures, the current public debt of the City, and the legal debt limit of the City for the current fiscal year. A copy of this report shall be furnished to the Auditor of State.

                                                                                                    (Code of Iowa, Sec. 384.22)

 

2‑6‑6            COUNCIL TRANSFERS.  When the City Clerk determines that one or more appropriation accounts need added authorizations to meet required expenditures therein the City Clerk shall inform the City Council or if the City Council upon its own investigation so determines, and another account within the same programs has an appropriation in excess of foreseeable needs, or, in the case of a clear emergency or unforeseeable need, the contingency account has an unexpended appropriation which alone or with the other accounts can provide the needed appropriations, the City Council shall set forth by resolution the reductions and increases in the appropriations and the reason for such transfers. Upon the passage of the resolution and approval by the Mayor, as provided by law for resolutions, the City Clerk shall cause the transfers to be set out in full in the minutes and be included in the published proceedings of the City Council. Thereupon the Clerk, and where applicable, the City Treasurer, shall cause the appropriation to be revised upon the appropriation expenditure ledgers of the City, but in no case shall the total of the appropriation of a program be increased except for transfers from the contingency account nor shall the total appropriation for all purposes be increased except by a budget amendment made after notice and hearing as required by law for such amendments.

                                                                                                    (IAC, Sec. 545.2.4(384,388))

 

2‑6‑7            ADMINISTRATIVE TRANSFERS.  The City Clerk shall have power to make transfers within a single activity between objects of expenditures within activities without prior City Council approval.

 

The City Clerk shall have the power to make transfers between activities, or between sub‑programs without prior City Council approval to meet expenditures which exceed estimates or are unforeseen but necessary to carry out City Council directives or to maintain a necessary service and provide the required appropriation balance. Such transfers shall not exceed 25% at any one time of the activity's annual appropriation which is increased or decreased. However, when a given transfer, considering all previous transfers to or from any activity to exceed by ten percent greater or ten percent less than the original appropriation, it shall be presented to the City Council as a resolution including all such administrative transfers to date in the fiscal year for consideration and passage as presented, or as amended by the City Council.

                                                                                                    (IAC, Sec. 545.2.4(384,388))

 

2‑6‑8            BUDGET OFFICER.  The City Clerk shall be the City budget officer and is responsible for preparing the budget data in cooperation with the City Council or Mayor. The City Clerk shall be responsible for carrying out the authorizations and plans in the budget as set forth in the budget, subject to City Council control and the limitations set out in this Ordinance.

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

 

2-6-9  REVENUES. All money received by the City shall be credited to the proper fund, as required by law, ordinance or resolution, not to exceed the authorized depository limit as established by the Council.

 

2‑6‑10          EXPENDITURES.  No expenditure shall be authorized by any City officer or employee except as herein provided.  All purchases of services, supplies and equipment shall be made only after issuance of a purchase order and no invoice shall be accepted unless authorized by such an order.  Purchases not exceeding twenty five dollars ($25.00) may be made by those officials authorized by the City Council but only on issuance of a spot purchase order in writing signed by the authorized officer. A copy of such spot purchase order must be delivered to the Clerk within twenty‑four (24) hours, weekends, and holidays excepted. All other purchases shall be valid only if a purchase order has been given in writing and signed by the Clerk. Purchases from petty cash shall be excepted.

                                                                                                    (Code of Iowa, Sec. 721.2(1))

 

2‑6‑11          AUTHORIZATIONS TO EXPEND. All purchase orders other than those excepted herein shall be authorized by the City budget officer after determining whether the purchase, if a major item, has been authorized by the budget or other City Council approval. The Clerk shall then determine whether a purchase order may be issued by checking the availability of an appropriation sufficient to pay for such a purchase. A purchase order may be issued only if there is an appropriation sufficient for the purchase and for other anticipated or budgeted purposes. If no adequate appropriation is available for the expenditure contemplated the Clerk shall not issue a purchase order until a budget amendment to transfer of appropriation is made in accordance with power delegated by City Council and within the limits set by law and the City Council. The Clerk shall draw a warrant/check only upon an invoice received, or progress billing for a public improvement, supported by a purchase order and a signed receipt or other certification indicating the material has been delivered of the quality and in the quantities indicated or the services have been performed satisfactorily to the extent invoiced.

                                                                                                    (Code of Iowa, Sec. 721.2(1))

 

2-6-12          PETTY CASH FUND. The clerk shall be custodian of a petty cash fund not to exceed seventy five dollars ($75.00) for the payment of small claims for minor purchases and small fees customarily paid for at the time of rendering a service for which the clerk shall obtain a receipt for the purchase. At such time the petty cash fund is approaching depletion, the clerk shall draw a check for replenishment in the amount of accumulated expenditures and said check shall be submitted to the Council as a claim in the usual manner. Petty cash shall not be used for salary payments or other personal services or personal expenses.

 

2‑6‑13          ACCOUNTING.  The Clerk shall set up and maintain books of original entry to provide a chronological record of cash received and disbursed through all receipts given and warrants written, which receipts and warrants shall be prenumbered, in accordance with modern, accepted methods, and the requirement of the state. The Clerk shall keep a general ledger controlling all cash transactions, budgetary accounts and recording unappropriated surpluses. 

 

Warrants/checks shall be signed by the City Clerk and Mayor.

                                                                                                    (Code of Iowa, Sec. 384.20)

 

2‑6‑14          BUDGET ACCOUNTS.  The Clerk shall set up such individual accounts to record receipts by source and expenditures by program and purpose as will provide adequate information and control for budgetary purposes as planned and approved by the City Council. Each individual account shall be maintained within its proper fund as required by City Council order or State law and shall be so kept that receipts can be immediately and directly compared with specific estimates and expenditures can be related to the appropriation which authorized it. No expenditure shall be posted except to the appropriation for the function and purpose for which the expense was incurred.

                                                                                                    (Code of Iowa, Sec. 384.20)

 

2‑6‑15          CONTINGENCY ACCOUNTS.  Whenever the City Council shall have budgeted for a contingency account the Clerk shall set up in the accounting records but the Clerk shall not charge any claim to a contingency account. Said contingency accounts may be drawn upon only by City Council resolution directing a transfer to a specific purpose account within its fund and then only upon compelling evidence of an unexpected and unforeseeable need or emergency.

 

All administrative transfers shall be reported in writing at the next regular meeting of the City Council after being made and the fact set out in the minutes for the information of the Mayor and City Council.

 

2-6-16          EMERGENCY FUND. No transfer may be made from any fund to the emergency fund.

 

2-6-17          DEBT SERVICE FUND. Except where prohibited by State law, money may be transferred from any other City fund to the debt service fund to meet payments of principal and interest. Such transfers must be authorized by the original budget or a budget amendment.

 

2-6-18          CAPITAL IMPROVEMENTS RESERVE FUND. Except where prohibited by State law, money may be transferred from any other City fund to the capital improvements reserve fund. Such transfers must be authorized by the original budget or a budget amendment.

 

2-7-19          UTILITY AND ENTERPRISE FUNDS. Except where prohibited by State law, a surplus in a utility or enterprise fund may be transferred to any other City fund, except the emergency fund and the road use tax fund, by resolution of the Council.

 

2-7-20          CAPITAL BUDGET PREPARATION.

 

           (reserved for future use)


 

                                                                TITLE II  POLICY AND ADMINISTRATION

 

                                                                     CHAPTER 7  POLICE DEPARTMENT

 


 

2-7-1            Department Established

2-7-2            Organization

2-7-3            Peace Officer Qualifications

 


 

 

2-7-1            DEPARTMENT ESTABLISHED.  The Police Department of the City is established to provide for the preservation of peace and enforcement of law and ordinances within the corporate limits of the City. In lieu of the establishment of a Police Department of the City, the City may contract with the County Sheriff or any other qualified lawful entity to provide law enforcement services within the City and in such event the Sheriff or such other entity shall have and exercise the powers and duties of the Police Chief as provided by the State Code and this Code of Ordinances.

 

2-7-2            ORGANIZATION.  The department consists of the Police Chief or County Sheriff and such other law enforcement officers and personnel, whether full or part-time, as may be authorized by the City Council.

 

2-7-3            PEACE OFFICER QUALIFICATIONS. In no case shall any person be selected or appointed as a law enforcement officer unless such person meets the minimum qualification standards established by the Iowa Law Enforcement Academy.

                                                                                                    (Code of Iowa, Sec. 80B.11)

 

 


 

                                                                TITLE II POLICY AND ADMINISTRATION

 

                                                                        CHAPTER 8  FIRE DEPARTMENT

 


 

2-8-1            Establishment and Purpose

2-8-2            Volunteer Fire Fighters

2-8-3  Training

2-8-4            Fire Fighter's Duties

2-8-5            Fire Chief’s Duties


 

2-8-6           Constitution

2-8-7           Worker's Compensation

                    and Hospitalization Insurance

2-8-8           Liability Insurance

2-8-9           Fires Outside City Limits

2-8-10         Emergency Ambulance Service


 

 

2-8‑1            ESTABLISHMENT AND PURPOSE.  A volunteer fire department is hereby established to prevent and extinguish fires and to protect lives and property against fires, to promote fire prevention and fire safety, and to answer all emergency calls for which there is no other established agency. The department shall consist of the Fire chief and such officers and personnel as may be authorized by the Council.

                                                                                                    (Code of Iowa, Sec. 364.16)

 

2-8‑2            VOLUNTEER FIRE FIGHTERS. Residents of Oxford Junction, Iowa, at least age eighteen (18) may be appointed to serve as a volunteer fire fighter. Prior to appointment as a volunteer fire fighter and every four years thereafter a volunteer fire fighter must pass a medical physical examination.

                                                                                                    (Code of Iowa, Sec. 362.10)

 

2-8-3            TRAINING. All members of the department shall attend and actively participate in regular or special training drills as directed by the Chief.

 

2-8‑4            FIRE FIGHTER'S DUTIES.  When called by the Chief, all fire fighters shall report for duty immediately in the manner directed by the Chief. They shall be subject to call at any time. They shall obey strictly the commands of any other fire fighter who has been appointed by the Chief to be in command temporarily. Fire fighters shall report for training as ordered by the Chief.

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

 

2-8-5            FIRE CHIEF’S DUTIES. The duties and powers of the Fire Chief shall be as follows:

 

           1.      Perform all duties required by law or ordinance.

 

           2.      Enforce all ordinances, and where enabled, State laws regulating the following:

 

                    a.     Fire prevention.

 

                    b.    Maintenance and use of fire escapes and exits in case of fire.

 

                    c.     The investigation of the cause, origin and circumstances of fires.

 

                    d.    The installation and maintenance of private fire alarm systems and fire extinguishing equipment.

 

           3.      Authority at fires. When in charge of a fire scene, the Chief shall direct an operation as necessary to extinguish or control the fire, perform a rescue operation, investigate the existence of a suspected or reported fire, gas leak or other hazardous condition. The chief shall take any other action deemed appropriate to control the fire scene, including, but not limited to barricading the area around the fire scene and prohibiting an individual or vehicle from approaching the fire scene that may impede or interfere with the operation of the fire department.

 

           4.      Command. Be charged with the duty of maintaining the efficiency, discipline and control of the fire department.

          

           5.      Property. Exercise and have full control over the disposition of all fire apparatus, tools, equipment and other property of the fire department.

           6.      Notification. Whenever death, serious injury, or property damage in excess of two hundred thousand dollars ($200,000.00) has occurred as a result of a fire, or if arson is suspected, notify the State Fire Marshal immediately. For all fires causing an estimated damage of fifty dollars ($50.00) or more or any emergency response by the fire department, file a report with the Fire Marshal within ten (10) days following the end of the month. The report shall contain information on all fire incidents occurring, the name of the owners and occupants of the property, the estimated total loss of the property, origin of the fire, and other facts deemed important.

 

           7.      Recommendation. Make such recommendations to owners, occupants, caretakers or managers of buildings to eliminate fire hazards.

 

           8.      Records. Cause to be kept records of the fire department personnel, equipment, depreciation of all equipment and apparatus, the number of responses to alarms, their cause and location, and an analysis of losses by value, type and location of buildings.

 

           9.      Reports. Compile and submit to the Mayor and Council an annual report of the status and activities of the department, as well as other such reports requested by the Mayor or Council.

 

2-8-6            CONSTITUTION. The department shall adopt a constitution and bylaws as they deem calculated to accomplish the object contemplated, and such constitution and bylaws, and any changes or amendments to such constitution and bylaws before being effective, must be approved by the Council.

 

2-8‑7            WORKER'S COMPENSATION AND HOSPITALIZATION INSURANCE.  The City Council shall contract to insure the City against liability for worker's compensation and against statutory liability for the costs of hospitalization, nursing, and medical attention for volunteer fire fighters.  All volunteer fire fighters shall be covered by the contract.

 

2-8‑8            LIABILITY INSURANCE.  The City Council shall contract to insure against liability of the City or members of the department for injuries, death or property damage arising out of and resulting from the performance of departmental duties.

 

2-8‑9            FIRES OUTSIDE CITY LIMITS.  The department shall answer calls to fires and other emergencies outside the City limits if the Fire Chief determines that such emergency exists and that such action will not endanger persons and property within the City limits.

                                                                                                    (Code of Iowa, Sec. 364.16)

 

2-8-10          EMERGENCY AMBULANCE SERVICE. The department is authorized to provide emergency ambulance or rescue  services and the accidental injury and liability insurance provided for herein shall include such operation.

 


 

                                                                    TITLE III  COMMUNITY PROTECTION

 

                                                                                 CHAPTER 1  OFFENSES

 


 

3-1-1            Violations of Chapter

3-1-2            Public Peace

3-1-3            Public Morals

3-1-4            Minors


 

3-1-5           Streets

3-1-6           Public Safety and Health

3-1-7           Public Property


 

 

3‑1‑1            VIOLATIONS OF CHAPTER.  Commission of any of the acts named in the following sections by any person shall constitute a violation of this chapter.

 

3‑1‑2            PUBLIC PEACE. It shall be unlawful for any person to do any of the following:

 

           1.      Engage in fighting or violent behavior or invite or defy another person to fight, provided that participants in athletic contests may engage in such conduct which is reasonably related to that sport.

                                                                                                    (Code of Iowa, Sec. 723.4(1))

 

           2.      Make unusually loud or excessive noise which results in the disturbance of the peace and the public quiet of a neighborhood.

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

 

           3.      Willfully permit upon any premises owned, occupied, possessed or controlled by such person any unusually loud or excessive noise in such a manner calculated to provoke a breach of the peace of others, or the public quiet of the neighborhood.

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

 

           4.      Direct abusive language or make any threatening gesture which the person knows or reasonably should know is likely to provoke a violent reaction by another.

                                                                                                    (Code of Iowa, Sec. 723.4(3))

 

           5.      Without lawful authority or order of authority, disturb any lawful assembly or meeting of persons by conduct intended to disrupt the meeting or assembly.

                                                                                                    (Code of Iowa, Sec. 723.4(4))

 

           6.      Without authority, obstruct any street, sidewalk, highway or other public way.

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

 

           7.      Without authority, solicit contributions, distribute literature, or otherwise peddle or sell goods and services within the traveled portion of any roadway.

                                                                                                    (Code of Iowa, Sec. 364.12(2)(a))

 

3‑1‑3            PUBLIC MORALS.

 

           1.      Indecent exposure.  It shall be unlawful for any person to expose such person's genitals, pubes, female nipples, or buttocks to another or to urinate or defecate in the presence of or in view of another, if the person knows or reasonably should know that such behavior would be offensive to a reasonable person.

 

           2.      Consumption in public places - intoxication.  No person shall use or consume any alcoholic liquors upon the public streets or highways, or in any public place, except premises covered by a liquor control license, or be intoxicated or simulate intoxication in a public place.

                                                                                                    (Code of Iowa, Sec. 123.46)

 

3‑1‑4            MINORS.

 

           1.      Supplying liquor to minors.  No person shall sell, give or otherwise supply alcoholic liquor, wine, or beer to any person under twenty‑one (21) years of age, or knowingly permit any person under that age to consume alcoholic liquors, wine, or beer, except in the case of alcoholic liquor, wine, or beer, given or dispensed to a person under twenty‑one (21) years of age within a private home and with the knowledge and consent of the parent or guardian for beverage or medicinal purposes or as administered to such person by a physician or dentist for medicinal purposes.

                                                                                                    (Code of Iowa, Sec. 123.47)

 

3‑1‑5            STREETS.

 

           1.      Removal of safeguards or danger signals.  No person shall willfully remove, tear down, destroy or carry away from any highway, street, alley, avenue or bridge any lamp, obstruction, guard or other article or things, or extinguish any lamp or other light, erected or placed thereupon for the purpose of guarding or enclosing unsafe or dangerous places in said highway, street, alley, avenue or bridge without the consent of the person in control thereof.

                                                                                                    (Code of Iowa, Sec. 716.5)

 

           2.      Obstructing or defacing streets.  No person shall obstruct, deface, or injure any public road in any manner by breaking up, plowing or digging within the boundary lines thereof, without permission from the Mayor.

                                                                                                    (Code of Iowa, Sec. 716.1)

 

           3.      Allowing water, snow, ice and accumulations on sidewalk. No abutting property owner shall allow water from an improperly located eave or drain, or from any roof, to fall onto a public sidewalk, or fail to remove snow, ice and accumulations from the sidewalks promptly.

                                                                                                    (Code of Iowa, Sec. 364.12(2)(b and e))

 

           4.      Removal of hydrant caps, sewer caps or manhole covers.  No person shall remove or carry away hydrant caps, sewer caps or manhole covers without the consent of the person in control thereof.

 

           5.      Washing vehicles. No person shall use any public street, sidewalk or alley for the purpose of washing or cleaning any automobile, truck or vehicle of any kind. This shall not be construed to prevent any person from cleaning or washing their own vehicle when it is lawfully parked in a street or alley.

 

3‑1‑6            PUBLIC SAFETY AND HEALTH.

 

           1.      Expectorating.  No person shall expectorate on the ground or on the floor of any structure within the City limits.

                                                                                                    (Code of Iowa, Sec. 364.1)

 

           2.      Putting glass, etc., on streets and sidewalks. No person shall throw or deposit on any street or sidewalk any glass bottle, glass, nails, tacks, wire, cans, trash, garbage, rubbish, litter, offal, or any other debris, or any other substance likely to injure any person, animal or vehicle.

                                                                                                    (Code of Iowa, Sec. 321.369)

 

           3.      Carrying a concealed weapon.  It shall be unlawful for any person to carry under such person's clothes or concealed about their person or to be found in possession of any  slingshot, knuckles of metal or other material, air gun or any other weapon.

                                                                                                    (Code of Iowa, Sec. 724.4)

 

           4.      False alarms.  No person shall give or cause to be given any false alarm of a fire, nor set fire to any combustible material, or cry or sound an alarm or by any other means without cause.

 

           5.      Stench bombs.  No person shall throw, drop, pour, explode, deposit, release, discharge or expose any stench bomb or tear bomb, or any liquid, gaseous or solid substance or matter of any kind that is injurious to persons or property, or that is nauseous, sickening, irritating or offensive to any of the senses in, on or about a theater, restaurant, car, structure, place of business, or amusement, or any place of public assemblage, or attempt to do any of these acts, or prepare or possess such devices or materials with intent to do any of these acts. This provision shall not apply to duly constituted police, military authorities, or peace officers in the discharge of their duties, or to licensed physicians, nurses, pharmacists and other similar persons licensed under the laws of this State; nor to any established place of business or home having tear gas installed as a protection against burglary, robbery or holdup, nor to any bank or other messenger carrying funds or other valuables.

 

           6.      Discharging firearms and fireworks.

                                                                                                    (Code of Iowa, Sec. 727.2)

 

                    a.     No person, firm, or corporation shall discharge or fire any cannon, gun, bomb, pistol, air gun, or other firearms or set off or burn firecrackers, torpedoes, sky rockets, roman candles, or other fireworks of like construction or any fireworks containing any explosive or inflammable compound, or other device containing any explosive.

 

                    b.    The City Council may upon application in writing, grant a permit for the display and use of fireworks by any organization or groups of individuals when such fireworks display will be handled by a competent operator.

 

                    c.     The City Council may, upon application in writing, grant a permit for the operation of a firing range in which the discharge of firearms for training, recreational or competitive events would be allowed upon showing that the range would be under the direction of a competent organization, group or individual.

 

                    d.    In the interest of public health and safety and at such times as approved by the Mayor, the police or their designee may use firearms to control rodent or animal problems when it is evident that conventional control methods have not resolved the problem.

 

                    e.     Nothing herein shall be construed to prohibit the use of blank cartridges for a show or the theater, or for signal purposes in athletic sports or by trucks, for signal purposes, or by a recognized military organization and provided further that nothing in this section shall apply to any substance or composition prepared and used for medicinal or fumigation purposes.

 

           7.      Abandoned refrigerators.  No person shall place, or allow to be placed, any discarded, abandoned, unattended or unused refrigerator, ice box or similar container equipped with an air‑tight door or lid, snap lock, or other locking device which cannot be released from the inside, in a location accessible to children, outside any building, dwelling, or within an unoccupied or abandoned building or dwelling, or other structure, under such person's control without first removing the door, lid, snap lock, or other locking device from said icebox, refrigerator or similar container. This provision applies equally to the owner of any such refrigerator, icebox or similar container, and to the owner or occupant of the premises where the hazard is permitted to remain.

                                                                                                    (Code of Iowa, Sec. 727.3)

 

           8.      Impersonating an officer.  No person shall falsely represent themselves or falsely assume to be any law enforcement officer, judge or magistrate. It shall be unlawful to wear or adopt the uniform or insignia of any law enforcement officer on any street or public place.

                                                                                                    (Code of Iowa, Sec. 718.2)

 

           9.      Harassment of City Employees. 

 

                    a.     It shall be unlawful for any person to willfully prevent, resist or obstruct or attempt to prevent, resist or obstruct any City employee from the performance of any official duty.

 

                    b.    It shall be unlawful for any person to communicate by any means, any threat of bodily or property harm to any City employee or to any member of his or her family during the course of, or as a result of, the performance of any official duty by said City employee.

 

           10.    Antenna and radio wires.  No person shall allow, locate or maintain any antenna wires, antenna supports, radio wires or television wires to exist over any street, alley, highway, sidewalk or public property.

                                                                                                    (Code of Iowa, Sec. 364.12(2))

 

          

           11.    Barbed wire.  No person shall install, allow to be installed or use barbed wire without the consent of the City Council.

                                                                                                    (Code of Iowa, Sec. 364.1)

 

           12.    Playing in streets.  No person shall coast, sled or play games on streets or highways except in areas blocked off by the City for such purposes.      

                                                                                                    (Code of Iowa, Sec. 364.12)

 

3‑1‑7            PUBLIC PROPERTY.

 

           1.      Defacing public grounds.  No person shall cut, break or deface any tree or shrub in a public park or on any avenue thereto by willfully defacing, cutting, breaking or injuring, except by the authority of the Mayor.

                                                                                                    (Code of Iowa, Sec. 364.12(2))

 

           2.      Injuring new pavement.  No person shall injure new pavement in any street, alley or sidewalk by willfully driving, walking or making marks on such pavement before it is ready for use.

                                                                                                    (Code of Iowa, 364.12(2))

 

           3.      Destroying park equipment.  No person shall destroy or injure any property or equipment in public swimming pools, playgrounds or parks by willfully defacing, breaking, damaging, mutilating or cutting.

                                                                                                    (Code of Iowa, Sec. 364.12(2))

 

           4.      Injury to public library books or property.  No person shall willfully, maliciously or wantonly tear, deface, mutilate, injure or destroy, in whole or in part, any newspaper, periodical, book, map, pamphlet, chart, picture or other property belonging to any public library or reading room.

 

           5.      Defacing or destroying proclamations or notices.  No person shall intentionally deface, obliterate, tear down or destroy in whole or in part any transcript or extract from or of any law of the United States or of this State, or any proclamation, advertisement or notification, set up at any place within the City by authority of law or by order of any court, during the time for which the same is to remain set up.

                                                                                                    (Code of Iowa, Sec. 716.1)

 

           6.      Injury to gravestones or property in cemetery.  No person shall willfully and maliciously destroy, mutilate, deface, injure or remove any tomb, vault, monument, gravestone or other structure placed in any public or private cemetery, or any fences, railing or other work for the protection, ornamentation of said cemetery, or of any tomb, vault, monument or gravestone, or other structure aforesaid, on any cemetery lot within such cemetery, or willfully and maliciously destroy, cut, break or injure any tree, shrub, plant or lawn within the limits of said cemetery, or drive outside of said avenues and roads, and over the grass or graves of said cemetery.

                                                                                                    (Code of Iowa, Sec. 716.1)

 

           7.      Injury to fire apparatus.  No person shall willfully destroy or injure any engines, hose carriage, hose, hook and ladder carriage, or other things used and kept for extinguishment of fires.

                                                                                                    (Code of Iowa, Sec. 716.1)

 

           8.      Obstructing or defacing roads. No person shall obstruct, deface or injure any public road by breaking up, plowing, burning trash on or digging within the boundary lines thereof.

                                                                                                    (Code of Iowa, Sec. 716.1)

 

           9.      Injury to roads, railways, and other utilities.  No person shall maliciously injure, remove or destroy any electric railway or apparatus belonging thereto, or any bridge, rail or plank road; or place or cause to be placed, any obstruction on any electric railway, or on any such bridge, rail or plank road; or willfully obstruct or injure any public road or highway; or maliciously cut, burn, or in any way break down, injure or destroy any post or pole used in connection with any system of electric lighting, electric railway, or telephone or telegraph system; or break down and destroy or injure and deface any electric light, telegraph or telephone instrument; or in any way cut, break or injure the wires of any apparatus belonging thereto; or willfully without proper authorization tap, cut, injure, break, disconnect, connect, make any connection with, or destroy any of the wires, mains, pipes, conduits, meters or other apparatus belonging to, or attached to, the power plant or distributing system of any electric light plant, electric motor, gas plant or water plant; or aid or abet any other person in so doing.

                                                                                                    (Code of Iowa, Sec. 716.1)

 

           10.    Tapping telegraph or telephone wires.  No person shall wrongfully or unlawfully tap or connect a wire with the telephone or telegraph wires of any person, company or association engaged in the transmission of messages on telephone or telegraph lines.

                                                                                                    (Code of Iowa, Sec. 727.8)

 

           11.    Obstructing ditches and breaking levees.  No person shall divert, obstruct, impede, or fill up, without legal authority, any ditch, drain, or watercourse, or break down any levee established, constructed, or maintained under any provision of law.

                                                                                                    (Code of Iowa, Sec. 716.1)


 

                                                                    TITLE III  COMMUNITY PROTECTION

 

                                                                                CHAPTER 2  NUISANCES

 


 

3-2-1            Definitions

3-2-2            Nuisances Prohibited

3-2-3            Other Conditions Regulated

3-2-4            Notice to Abate Nuisance or

                    Condition

3-2-5            Contents of Notice to Abate

3-2-6            Method of Service


 

3-2-7            Request for Hearing and Appeal

3-2-8            Abatement in Emergency

3-2-9            Abatement by Municipality

3-2-10          Collection of Cost of Abatement

3-2-11          Installment Payment of Cost of

                     Abatement

3-2-12          Condemnation of Nuisance


 

 

3‑2‑1   DEFINITIONS.  For use in this Ordinance, the following terms are defined:

 

           1.      The term "nuisance" means whatever is injurious to health, indecent, or unreasonably offensive to the senses or an obstacle to the free use of property, so as essentially to unreasonably interfere with the comfortable enjoyment of life or property. The following are declared to be nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with this Code:

                                                                                                    (Code of Iowa, Sec. 657.1)

 

                    a.     The erecting, continuing, or using any building or other place for the exercise of any trade, employment, living quarter or manufacture, which by occasioning noxious exhalations, unreasonably offensive smells, or other annoyances, becomes injurious and dangerous to the health, comfort, or property of individuals or the public due to fire hazard, material deterioration, decay, inadequate maintenance or otherwise dangerous liability.

                                                                                                    (Code of Iowa, Sec. 657.2(1))

 

                    b.    The causing or suffering any offal, filth, or noisome substance to accumulate or to remain in any place to the prejudice of others.

                                                                                                    (Code of Iowa, Sec. 657.2(2))

 

                    c.     The obstructing or impeding without legal authority the passage of any navigable river, harbor, or collection of water.

                                                                                                    (Code of Iowa, Sec. 657.2(3))

 

                    d.    The corrupting or rendering unwholesome or impure the water of any river, stream, or pond, or unlawfully diverting the same from its natural course or State, to the injury or prejudice of others.

                                                                                                    (Code of Iowa, Sec. 657.2(4))

 

                    e.     The obstructing or encumbering by fences, buildings, or otherwise the public roads, private ways, streets, alleys, commons, landing places, or burying grounds.

                                                                                                    (Code of Iowa, Sec. 657.2(5))

 

                    f.     Houses of ill fame, kept for the purpose of prostitution and lewdness, gambling houses, or houses resorted to for the use of illegal drugs or houses where drunkenness, quarreling, fighting or breaches of the peace are carried on or permitted to the disturbance of others.

                                                                                                    (Code of Iowa, Sec. 657.2(6))

          

                    g.    Billboards, signboards, and advertising signs, whether erected and constructed on public or private property, which so obstruct and impair the view of any portion or part of a public street, avenue, highway, boulevard or alley as to render dangerous the use thereof, especially near intersecting streets.

                                                                                                    (Code of Iowa, Sec. 657.2(7))

 

                    h.    Cotton‑bearing cottonwood trees and all other cotton‑bearing poplar trees in the City.

                                                                                                    (Code of Iowa, Sec. 657.2(8))

                   

                    i.      Any object or structure hereafter erected within 1,000 feet of the limits of any municipal or regularly established airport or landing place, which may endanger or obstruct aerial navigation, including take‑off and landing, unless such object or structure constitutes a proper use or enjoyment of the land on which the same is located.

                                                                                                    (Code of Iowa, Sec. 657.2(9))

 

                    j.      The depositing or storing of inflammable junk, such as old rags, rope, cordage, rubber, bones, and paper, by any person, including a dealer in such articles, within the fire limits of this City, unless it be in a building of fire resistant construction.

                                                                                                    (Code of Iowa, Sec. 657.2(10))

 

                    k.     The emission of dense smoke, noxious fumes, or fly ash.

                                                                                                    (Code of Iowa, Sec. 657.2(11))

 

                    l.      Dense growth of all weeds, grasses, vines, brush, or other vegetation in the City so as to constitute a health, safety, or fire hazard.

                                                                                                    (Code of Iowa, Sec. 657.2(12))

 

                    m.    Trees infected with Dutch elm disease.

                                                                                                    (Code of Iowa, Sec. 657.2(13))

 

                    n.    Effluent from septic tank or drain field running or ponding on the ground in the open.

 

                    o.    Any article or substance placed upon a street, alley, sidewalk, public ground, or in any ditch, waterway, or gutter so as to obstruct the drainage.  

                                                                                                    (Code of Iowa, Sec. 716.1)

 

                    p.    Accumulations of rubbish or trash tending to harbor vermin, rodents, and rank growth of weeds or other vegetation and plants, which is conducive to hazard.  

                                                                                                    (Code of Iowa, Sec. 657.2)

 

           2.      The term "property owner" means the contract purchaser if there is one of record, otherwise the record holder of legal title.

                                                                                                    (Code of Iowa, Sec. 364.1)

 

3‑2‑2            NUISANCES PROHIBITED.  The creation or maintenance of a nuisance is prohibited, and a nuisance, public or private, may be abated in the manner provided in this chapter.

                                                                                                    (Code of Iowa, Sec. 657.3)

 

3‑2‑3            OTHER CONDITIONS REGULATED.  The following actions are required and may also be abated in the manner provided in this Ordinance:

 

           1.      The removal of diseased trees or dead wood, but not diseased trees and dead wood outside the lot and property lines and inside the curb lines upon the public street.

                                                                                                    (Code of Iowa, Sec. 364.12(3)(b))

 

           2.      The removal, repair, or dismantling of dangerous buildings or structures.

                                                                                                    (Code of Iowa, Sec. 364.12(3)(c))

 

           3.      The numbering of buildings.

                                                                                                    (Code of Iowa, Sec. 364.12(3)(d))

          

           4.      The connection to public drainage systems from abutting property when necessary for public health or safety.

                                                                                                    (Code of Iowa, Sec. 364.12(3)(e))

          

          

           5.      The connection to public sewer systems from abutting property, and the installation of sanitary toilet facilities and removal of other toilet facilities on such property.

                                                                                                    (Code of Iowa, Sec. 364.12(3)(f))

 

           6.      The cutting or destruction of weeds or other growth which constitutes a health, safety, or fire hazard.

                                                                                                    (Code of Iowa, Sec. 364.12(3)(g))

 

3‑2‑4            NOTICE TO ABATE NUISANCE OR CONDITION. Whenever the Mayor or other authorized municipal officer finds that a nuisance or other condition exists which is listed in this Section, the Mayor or officer shall cause to be served upon the property owner as shown by the records of the County Auditor a written notice to abate the nuisance within a reasonable time after notice.

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

 

3‑2‑5            CONTENTS OF NOTICE TO ABATE.  The notice to abate shall contain:

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

 

           1.      A description of what constitutes the nuisance or other condition.

 

           2.      The location of the nuisance or condition.

 

           3.      A statement of the act or acts necessary to abate the nuisance or condition.

          

           4.      A reasonable time within which to complete the abatement.

 

           5.      A statement that if the nuisance or condition is not abated as directed and no request for hearing is made within the time prescribed, the City will abate it and assess the costs against such person.

 

3‑2‑6            METHOD OF SERVICE.  The notice may be served by certified mail or personal service to the property owner as shown by the records of the County Auditor.

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

 

3‑2‑7            REQUEST FOR HEARING AND APPEAL.  Any person ordered to abate a nuisance or condition may have a hearing with the officer ordering the abatement as to whether a nuisance or prohibited condition exists. A request for a hearing must be made in writing and delivered to the officer ordering the abatement within the time stated in the notice, or it will be conclusively presumed that a nuisance or prohibited condition exists and it must be abated as ordered.

 

At the conclusion of the hearing, the hearing officer shall render a written decision as to whether a nuisance or prohibited condition exists. If the officer finds that a nuisance or prohibited condition exists, the officer must order it abated within an additional time which must be reasonable under the circumstances. An appeal from this decision may be had by immediately filing a written notice with the hearing officer. This appeal shall be heard before the City Council at a time and place fixed by the Council. The findings of the Council shall be conclusive and, if a nuisance or prohibited condition is found to exist, it shall be ordered abated within a time reasonable under the circumstances.

 

3‑2‑8            ABATEMENT IN EMERGENCY.  If it is determined that an emergency exists by reason of the continuing maintenance of the nuisance or condition, the City may perform any action that may be required under this chapter without prior notice, and assess the costs as provided herein, after notice to the property owner under the applicable provision of Sections 3‑2‑4 and 3‑2‑5 and hearing as provided in Section 3‑2‑7.

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

 

3‑2‑9            ABATEMENT BY MUNICIPALITY.  If the person notified to abate a nuisance or condition neglects or fails to abate as directed, the City may perform the required action to abate, keeping an accurate account of the expense incurred.  The itemized expense account shall be filed with the City Clerk, who shall pay such expenses on behalf of the municipality.

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

 

3‑2‑10          COLLECTION OF COST OF ABATEMENT.  The Clerk shall mail a statement of the total expense incurred to the property owner who has failed to abide by the notice to abate, and if the amount shown by the statement has not been paid within one month, the City Clerk shall certify the costs to the County Auditor and they shall then be collected with, and in the same manner, as general property taxes.

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

 

3‑2‑11          INSTALLMENT PAYMENT OF COST OF ABATEMENT.  If the amount expended to abate the nuisance or condition exceeds $100, the City may permit the assessment to be paid in up to ten annual installments, to be paid in the same manner and at the same rate of interest charged delinquent real estate taxes by the County Treasurer.

                                                                                                    (Code of Iowa, Sec. 364.13)

 

3-2-12          CONDEMNATION OF NUISANCE.  The City may condemn a residential building found to be a public nuisance and take title to the property for the public purpose of disposing of the property under Section 364.7 by conveying the property to a private individual for rehabilitation or for demolition and construction of housing.

                                                                                                    (Code of Iowa, Sec. 364.12A)


 

                                                                    TITLE III  COMMUNITY PROTECTION

 

                                                                            CHAPTER 3  TRAFFIC CODE

 


 

3-3-1            Short Title

3-3-2            Definitions

3-3-3            Traffic Accident Reports

3-3-4            Police Department to Submit

                    Annual Reports

 

ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS

 

3-3-5            Authority of Police and Fire                             

                    Department Officials

3-3-6            Required Obedience to Provisions

                    of this Chapter and State Law

 

TRAFFIC CONTROL DEVICES

 

3-3-7            Authority to Install Traffic-

                    Control Devices

3-3-8            Chief of Police to Designate

                    Crosswalks, Establish, and Mark

                    Traffic Lanes

3-3-9            Play Streets

3-3-10          Parades Regulated

 

SPEED REGULATIONS

 

3-3-11          General

3-3-12          Minimum Speed

3-3-13          Emergency Vehicles

3-3-14          Special Speed Restrictions

 

TURNING MOVEMENTS

 

3-3-15          Turning Markers, Buttons and                                                      Signs

3-3-16          Authority to Place Restricted

                    Turn Signs

3-3-17          Obedience to No-Turn

                    Signs

3-3-18          "U" Turns

 

ONE-WAY STREETS AND ALLEYS

 

3-3-19          Authority to Designate One-Way              

                     Streets and Alleys

3-3-20          One-Way Streets and Alleys


 

3-3-21          Authority to Restrict Direction of

                    Movement on Streets During

                    Certain Periods

3-3-22          Naming Streets

3-3-23          Authority to Vacate and Dispose

                    Streets and Alleys

          

SPECIAL STOPS REQUIRED

 

3-3-24          Through Highways

3-3-25          Authority to Erect Stop Signs

3-3-26          Stops at Intersecting Through

                    Highways and Other Intersections

3-3-27          Stop When Traffic Is Obstructed

3-3-28          School Stops

 

PEDESTRIANS' RIGHTS AND DUTIES

 

3-3-29          Prohibited Crossing

3-3-30          Pedestrians on Left

3-3-31          Hitch Hiking

 

METHOD OF PARKING

 

3-3-32          Standing or Parking Close To Curb

3-3-33          Standing or Parking on the Left-Hand

                    Side of One-Way Streets

3-3-34          Signs or Markings Indicating Angle

                    Parking

3-3-35          Obedience to Angle Parking Signs or

                    Markings

3-3-36          Handicapped Parking

 

STOPPING, STANDING OR PARKING

PROHIBITED IN SPECIFIED PLACES

 

3-3-37          Stopping, Standing or Parking

                    Prohibited in Specified Places

3-3-38          Authority to Paint Curbs and Erect

                    Signs Prohibiting Standing or Parking

3-3-39          Authority to Impound Vehicles

 

STOPPING, STANDING OR PARKING

 

3-3-40          Parking Signs Required

3-3-41          Parking During Snow Emergency

3-3-42          All-Night Parking Prohibited

3-3-43          Truck Parking Limited


 

MISCELLANEOUS DRIVING RULES

 

3-3-44          Vehicles Not to be Driven on       

                     Sidewalks

3-3-45          Clinging to Vehicles

3-3-46          Parking for Certain Purposes                        Prohibited

                    

 

 

 

 


 

3-3-47          Driving Through Funeral or Other

                     Procession

3-3-48          Drivers in a Procession

3-3-49          Funeral Processions to

                     be Identified

3-3-50          Temporary Embargo

3-3-51          Squealing of Tires

 

BICYCLE REGULATIONS

 

3-3-52          Traffic Code Applies to Persons

                     Riding Bicycles

3-3-53          Riding on Bicycles

3-3-54          Riding on Roadways and

                     Bicycle Paths

3-3-55          Speed

3-3-56          Emerging from Alley or Driveway

3-3-57          Carrying Articles

3-3-58          Parking

3-3-59          Riding on Sidewalks

3-3-60          Lamps and Other Equipment on

                    Bicycles

 

SNOWMOBILES

 

3-3-61          Snowmobile Definitions

3-3-62          Permitted Areas of Operation

3-3-63          Regulations

3-3-64          Equipment Required

3-3-65          Unattended Vehicles

3-3-66          Restriction of Operation

3-3-67          Traffic Regulation

 

ENGINE AND COMPRESSION BRAKE LEVELS.

 

3-3-68 UNLAWFUL USE OF ENGINE AND COMPRESSION BRAKES

 

PENALTIES AND PROCEDURE ON ARREST

 

3-3-69          Citation Placed on Illegally Parked

                    Vehicle

3-3-70          Presumption in Reference to Illegal

                    Parking

3-3-71          Local Parking Fines

3-3-72          Failure to Pay Parking Citations


 

 

 

3-3-1            SHORT TITLE.  This chapter may be known and cited as the "Traffic Code".

 

3‑3‑2            DEFINITIONS.  Where words and phrases used in this chapter are defined in Chapter 321 of the Code of Iowa, such definitions shall apply to this Ordinance.

 

           1.      "Park and parking" means the stopping or standing of a vehicle, except for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers.

          

           2.      "Stand or standing" means the halting of a vehicle, whether occupied or not, except for the purpose of and while actually engaged in receiving or discharging passengers.

 

           3.      "Stop", when required means complete cessation of movement.

          

           4.      "Stop or stopping", when prohibited, means any halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic‑control sign or signal.

          

           5.      "Business districts" means: the territory contiguous to and including the following designated streets:

 

                    a.     Broadway Street from 3rd Avenue North to the West City Limit;

 

                    b.    Main Street from 3rd Avenue North to the west end of the paving;

 

                    c.     First Avenue North from River Road to Randolph Street;

 

                    d.    Third Avenue from Main Street to Broadway Street.

          

           6.      "Residential districts" means all areas of the City not included in business districts.

                                                                                                     (Code of Iowa, Sec. 321.1)

 

3‑3‑3            TRAFFIC ACCIDENT REPORTS.  The driver of a vehicle involved in an accident within the limits of this City shall file a report as and when required by the Iowa Department of Public Safety.  A copy of this report shall be filed with the Chief of Police or County Sheriff.  All such reports shall be for the confidential use of the police department and shall be subject to the provisions of Section 321.271 of the Code of Iowa. The City shall maintain a suitable system of filing traffic accident reports.  

                                                                                                    (Code of Iowa, Sec. 321.266)

 

3‑3‑4            POLICE DEPARTMENT TO SUBMIT ANNUAL REPORTS.  The Police Chief or Jones County Sheriff shall prepare annually a traffic report which shall be filed with the Mayor. Such report shall contain information on traffic matters in this City concerning the number of traffic accidents, the number of persons killed or injured, the number and nature of violations, and other pertinent traffic data including the plans and recommendations for future traffic safety activities.

 

ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS

 

3‑3‑5            AUTHORITY OF POLICE AND FIRE DEPARTMENT OFFICIALS.  Provisions of this chapter and the Iowa law relating to motor vehicles and law of the road shall be enforced by the officers of the police department. The officers of the police department are hereby authorized to direct all traffic by voice, hand or signal in conformance with traffic laws.  In the event of a fire or other emergency, officers of the police department may direct traffic as conditions require notwithstanding the provisions of the traffic laws. Officers of the fire department may direct or assist the police in directing traffic thereat or in the immediate vicinity.

                                                                                                    (Code of Iowa, Sec. 321.229)

 

3‑3‑6            REQUIRED OBEDIENCE TO PROVISIONS OF THIS CHAPTER AND STATE LAW.  Any person who shall willfully fail or refuse to comply with any lawful order of a police officer or direction of a fire department officer during a fire, or who fails to abide by the provisions of this chapter and the applicable provisions of the following Iowa statutes relating to motor vehicles and the law of the road is in violation of this chapter. These sections of the Code are adopted by reference:

           1.      321.32, 321.174, 321.189, 321.193, and 321.218 through 321.224 ‑‑ display of registration and license to drive.

 

           2.      321.229 through 321.234 ‑‑ obedience to a peace officer and responsibility of public officers, emergency vehicles and bicycles to obey traffic regulations.

 

           3.      321.256 through 321.260 ‑‑ traffic signs, signals and markings, including right or left turns on red.

 

           4.      321.261 through 321.266 and 321.268 ‑‑ accidents and accident reporting.

 

           5.      321.275 ‑‑ operation of motorcycles.

 

           6.      321.277, 321.278 and 321.285 through 321.288, 321.290, 321.294, and 321.295 ‑‑ reckless driving, drag racing, speed, control of vehicle and minimum speed.

 

           7.      321.297 through 321.310 ‑‑ driving on right, meeting, overtaking, following or towing.

          

           8.      321.311 through 321.318 ‑‑ turning and starting, signals on turning and stopping.

 

           9.      321.319 through 321.324 ‑‑ right of way and entering through highways.

 

           10.    321.325 through 321.334 and 321.340 ‑‑ pedestrian rights and duties and safety zones.

 

           11.    321.341 through 321.344 ‑‑ railroad crossings.

 

           12.    321.353 through 321.360 ‑‑ stop at sidewalks, stopping, standing and parking.

 

           13.    321.362 through 321.371 ‑‑ unattended vehicle, obstructing driver's view, crossing median, following fire apparatus, or crossing fire hose, and putting glass, etc. on streets.

 

           14.    321.384 through 321.409, 321.415, 321.418 through 321.423 ‑‑ lighting equipment required and time of use.  (Under the provisions of Section 321.395, motor vehicles parked where permitted by this Ordinance need not have parking lamps lighted if the vehicle is within one hundred sixty (160) feet of a City street light ahead and to the rear of the vehicle and the permitted speed on said street is twenty‑five (25) miles per hour or less.)

 

           15.    321.430 through 321.446, 321.449 and 321.450 ‑‑ brakes, horns, sirens, mufflers, wipers, mirrors, tires, windows, safety belts, and special markings for transporting explosives.

 

           16.    321.452 through 321.463, 321.465 and 321.466 ‑‑ size, weight and load.

 

TRAFFIC CONTROL DEVICES

 

3‑3‑7  AUTHORITY TO INSTALL TRAFFIC‑CONTROL DEVICES.  The Mayor shall cause to be placed and maintained traffic‑control devices when and as required under this chapter or other Ordinances of this City to make effective their provisions, and may so cause to be placed and maintained such additional, emergency, or temporary traffic‑control devices for the duration of an emergency or temporary condition as traffic conditions may require, to regulate traffic under the traffic Ordinances of this City or under State law or to guide or warn traffic.

 

The City shall keep a record of all traffic‑control devices.

 

All traffic‑control devices shall comply with current standards established by the Manual of Uniform Traffic Control Devices for Streets and Highways.

                                                                                                    (Code of Iowa, Sec. 321.255 and 321.256)

 

3‑3‑8            CHIEF OF POLICE TO DESIGNATE CROSSWALKS, ESTABLISH, AND MARK TRAFFIC LANES.  The Chief of Police or County Sheriff is hereby authorized:

           1.      To designate and maintain by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where, due to traffic conditions, there is particular danger to pedestrians crossing the street or roadway, and at such other places as traffic conditions require. 

          

           2.      To mark lanes for traffic on street pavements at such places as traffic conditions require, consistent with the traffic Code of this City.  Where traffic lanes have been marked, it shall be unlawful for the operator of any vehicle to fail or refuse to keep such vehicle within the boundaries of a lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement.

 

           3.      A marked crosswalk will be painted on the street at the intersection of East Broadway and 2nd Avenue North.

 

3‑3‑9            PLAY STREETS.  The City Council has the authority to declare any street or part thereof a play street and to place appropriate signs or devices in the roadway indicating and helping to protect the same.

 

Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon the street or any portion thereof except drivers of vehicles having business or whose residences are within the closed area, and then the driver shall exercise the greatest care in driving upon the street or portion thereof.

 

3-3-10          PARADES REGULATED. No person shall conduct or cause any parade  on any street except as provided herein:

 

           1.      “Parade” shall mean any march or procession of people or vehicles organized for marching or moving on the streets in an organized fashion or manner or any march or procession of people or vehicles represented or advertised to the public as a parade.

 

           2.      Permit required. No parade shall be conducted without first obtaining a written permit from the Mayor. Such permit shall state the date and time for the parade to be held and the streets and general route therefore. Such written permit granted to the person organizing or sponsoring the parade shall be permission for all participants therein to parade when such participants have been invited by the permittee to participate therein. No fee shall be required for such a permit.

 

           3.      Parade not a street obstruction. Any parade for which a permit has been issued as herein required, and the persons lawfully participating therein, shall not be deemed an obstruction of the streets notwithstanding the provisions of any other ordinance to the contrary.

 

           4.      Control by police and fire fighters. Persons participating in any parade shall at all times be subject to the lawful orders and directions in the performance of their duties of law enforcement personnel and members of the fire department.

 

SPEED REGULATIONS

 

3‑3‑11          GENERAL. Every driver of a motor vehicle on a street shall drive the same at a careful and prudent speed not greater nor less than is reasonable and proper, having due regard to the traffic, surface and width of the street and of any other condition then existing, and no person shall drive a vehicle on any street  at a speed greater than will permit him to bring it to a stop within the assured clear distance ahead and follow the speed limits as follows:

 

           1.      Business District. A speed in excess of twenty (20) miles per hour, unless specifically designated otherwise in this Chapter, is unlawful.

 

           2.      Residence or School District. A speed in excess of twenty five (25) miles per hour, unless specifically designated otherwise in this Chapter, is unlawful.

 

           3.      Suburban District. A speed in excess of forty five (45) miles per hour, unless specifically designated otherwise in this Chapter, is unlawful.

          

           4.      Parks, Cemeteries and Parking Lots. A speed in excess of fifteen (15) miles per hour, unless specifically designated otherwise in this Chapter, is unlawful.

 

3-3-12          MINIMUM SPEED. No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation, or in compliance with the law.

 

3-3-13          EMERGENCY VEHICLES. The speed limitations set forth in this Chapter do not apply to authorized emergency vehicles when responding to emergency calls and the drivers thereof sound an audible signal, siren or whistle. This provision does not relieve such driver from the duty to drive with due regard for the safety of others.

 

3-3-14          SPECIAL SPEED RESTRICTIONS. Whenever the Council shall determine, upon the basis of an engineering and traffic investigation, that the speed permitted by State law upon the following streets or portions thereof is greater or less than is necessary for the safe operation of vehicles thereon, the Council shall determine and adopt by ordinance such higher or lower speed limit as it deems reasonable and prudent at such location. The maximum speed limit upon the following streets or portions thereof described shall be as follows:

 

           1.      Special 15 MPH speed zones. A speed in excess of fifteen (15) miles per hour, unless specifically designated otherwise in this Chapter, is unlawful on any of the following designated streets or parts thereof:

 

                    a.     Third Avenue North from Church Street to Prospect Street on school days when children are present;

 

                    b.    First Avenue South from B Street South to X64 Road.

 

           2.      Special 20 MPH speed zones. A speed in excess of twenty (20) miles per hour, unless specifically designated otherwise in this Chapter, is unlawful on any of the following designated streets or parts thereof:

 

                    a.     Broadway East from First Avenue North to Third Avenue North;

 

                    b.    Broadway West from First Avenue North to the dead end.

 

           3.      Special 25 MPH speed zones. A speed in excess of twenty five (25) miles per hour, unless specifically designated otherwise in this Chapter, is unlawful on any of the following designated streets or parts thereof:

 

                    a.     Main Street from First Avenue North to Second Avenue North;

 

                    b.    First Avenue North from Main Street to Church Street;

 

                    c.     X64 from South Park Gate to Main Street.

 

           4.      Special 35 MPH speed zones. A speed in excess of thirty five (35) miles per hour, unless specifically designated otherwise in this Chapter, is unlawful on any of the following designated streets or parts thereof:

 

                    a.     First Avenue North from 300 feet north of Prospect Street to Church Street;

 

                    b.    Main Street from Second Avenue North to 150 feet west of 7th Avenue;

 

                    c.     X64 from south City limit to South Park Gate.

 

           5.      Special 45 Mph speed zones. A speed in excess of forty five (45) miles per hour, unless specifically designated otherwise in this Chapter, is unlawful on any of the following designated streets or parts thereof:

 

                    a. Main Street from 150 feet west of 7th Avenue to City limit;

 

                    b. First Avenue 300 feet north of Prospect Street to City Limit.

 

TURNING MOVEMENTS

 

3‑3‑15          TURNING MARKERS, BUTTONS AND SIGNS.  The Mayor may cause markers, buttons, or signs to be placed within or adjacent to intersections, and thereby require and direct, as traffic conditions require, that a different course from that specified by the State law be traveled by vehicles turning at intersections, and when markers, buttons, or signs are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by the markers, buttons, or signs, including right‑hand turns at intersections with automatic traffic signals.

                                                                                                    (Code of Iowa, Sec. 321.311)

 

3‑3‑16          AUTHORITY TO PLACE RESTRICTED TURN SIGNS.  The Mayor is authorized to determine those intersections, as traffic conditions require, at which the drivers of vehicles shall not make a right or left turn. The making of turns may be prohibited between certain hours of any day, in which event the same shall be plainly indicated on signs.

 

3‑3‑17          OBEDIENCE TO NO‑TURN SIGNS.  Whenever authorized signs are erected indicating that no right or left turn is permitted, no driver of a vehicle shall disobey the directions of any such signs.

 

3‑3‑18          "U" TURNS.  It shall be unlawful for a driver to make a "U" turn except at an intersection. "U" turns are prohibited at intersections within the business district and at intersections where there are automatic traffic signals.

 

ONE‑WAY STREETS AND ALLEYS

 

3‑3‑19          AUTHORITY TO DESIGNATE ONE‑WAY STREETS AND ALLEYS.  Whenever any traffic Code of this City designates any one‑way street or alley the Mayor shall cause to be placed and maintained signs giving notice thereof and the regulation shall not be effective unless the signs are in place. Signs indicating the direction of traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. It shall be unlawful for any person to operate any vehicle in violation of markings, signs, barriers or other devices placed in accordance with this section.

 

3‑3‑20          ONE‑WAY STREETS AND ALLEYS.  Upon streets and alleys as specified by the City Council, vehicular traffic shall move only in the indicated direction.

 

3‑3‑21          AUTHORITY TO RESTRICT DIRECTION OF MOVEMENT ON STREETS DURING CERTAIN PERIODS.  The Mayor is authorized to determine and recommend to the Council certain streets, or specified lanes thereon, upon which vehicular traffic shall proceed in one direction during one period and the opposite direction during another period of the day and shall, upon authority given by Ordinance, place and maintain appropriate markings, signs, barriers, or other devices to give notice thereof.  The City may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the roadway.

 

It shall be unlawful for any person to operate any vehicle in violation of markings, signs, barriers, or other devices  placed in accordance with this section.

 

3-3-22          NAMING OF STREETS. New streets shall be assigned names in accordance with the following:

 

           1.      Streets added to the City that are natural extensions of existing streets shall be assigned the name of the existing street.

 

           2.      All street names, except streets named as a part of a subdivision or platting procedure, shall be named by resolution.

 

           3.      The Council may, by way of resolution, change the name of a street.

 

3-3-23          AUTHORITY TO VACATE AND DISPOSE STREETS AND ALLEYS. When in the judgment of the Council, it would be in the best interest of the City to vacate a street or alley or portion thereof, the Council may do so by ordinance. The Council shall cause to be published a notice of public hearing of the time of which the proposal to vacate shall be considered.

          

1.        No street or alley or portion thereof shall be vacated unless the council finds that:

                   

                    a.     The street or alley proposed to be vacated is not needed for the use of the public, and therefore, its maintenance at public expense is no longer justified.

                   

                    b.    The proposed vacation will not deny owners of property abutting on the street or alley reasonable access to their property.

 

           2.      When in the judgment of the Council, it would be in the best interest of the City to dispose a street or alley or portion thereof, the Council may do so in accordance with the provisions of the Iowa Code.

 

SPECIAL STOPS REQUIRED

 

3‑3‑24          THROUGH HIGHWAYS.  Streets or portions of streets maybe declared to be through highways as specified by the City Council.

                                                                                                    (Code of Iowa, Sec. 321.345 and 321.350)

 

3‑3‑25          AUTHORITY TO ERECT STOP SIGNS.  Whenever any Ordinance of this City designates and describes a through highway it shall be the duty of the Mayor to cause to be placed and maintained a stop sign on each and every street intersecting through highway except as modified in the case of intersecting through highways.

 

3‑3‑26          STOPS AT INTERSECTING THROUGH HIGHWAYS AND OTHER INTERSECTIONS. At the intersections of through highways and at intersections upon streets other than through highways, where, because of heavy cross‑traffic or other traffic conditions, particular hazard exists, the Mayor is hereby authorized to determine whether vehicles shall stop or yield at one or more entrances to the intersection and shall present recommendations to the Council, and, upon approval of the Council, shall erect an appropriate sign at every place where a stop or yield is required. Four way stop signs will be placed at the intersection of East Broadway and 2nd Avenue North.

 

3‑3‑27          STOP WHEN TRAFFIC IS OBSTRUCTED. Notwithstanding any traffic‑control signal indication to proceed, no driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle.

 

3‑3‑28          SCHOOL STOPS.  When a vehicle approaches an authorized school stop, the driver shall bring the vehicle to a full stop at a point ten feet from the approach side of the crosswalk marked by an authorized school stop sign, and thereafter proceed in a careful and prudent manner until the driver shall have passed such school site.

 

PEDESTRIANS' RIGHTS AND DUTIES

 

3‑3‑29          PROHIBITED CROSSING.  Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection, shall yield the right-of-way to all vehicles upon the roadway.

                                                                                                    (Code of Iowa, Sec. 321.327)

 

3‑3‑30          PEDESTRIANS ON LEFT.  Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. Where sidewalks are not provided pedestrians at all times when walking on or along a roadway, shall walk on the left side of the roadway.

                                                                                                    (Code of Iowa, Sec. 321.326)

 

3-3-31          HITCH HIKING. No person shall stand in the traveled portion of the street for the purpose of soliciting a ride from the driver of any vehicle.

 

METHOD OF PARKING

 

3‑3‑32          STANDING OR PARKING CLOSE TO CURB.  No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the right‑hand  wheels of the vehicle within eighteen inches of the curb or edge of the roadway except as provided in the case of angle parking and vehicles parked on the left‑hand side of one‑way streets.

                                                                                                    (Code of Iowa, Sec. 321.361)

 

3‑3‑33          STANDING OR PARKING ON THE LEFT‑HAND SIDE OF ONE‑WAY STREETS. No person shall stand or park a vehicle on the left‑hand side of a one‑way street other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the left‑hand wheels of the vehicle within eighteen inches of the curb or edge of the roadway except as provided in the case of angle parking.

                                                                                                    (Code of Iowa, Sec. 321.361)

 

3‑3‑34          SIGNS OR MARKINGS INDICATING ANGLE PARKING.  The Mayor, as traffic conditions require, shall determine upon what streets angle parking shall be permitted and shall mark or sign the streets or portions thereof indicating the method of angle parking. Angle parking shall be permitted only in the following locations:

 

           1.      Broadway West on both sides from First Avenue North to the end of the paved street.

 

           2.      Broadway East on both sides from First Avenue North to Third Avenue North.

 

           3.      Second Avenue North on the west side from Broadway to alley.

 

           4.      First Avenue South on east side at 213 First Avenue South as long as the Business known as Kathy’s Crafts is open to the public.

 

3‑3‑35          OBEDIENCE TO ANGLE PARKING SIGNS OR MARKINGS.  Upon those streets or portions of streets that have been signed or marked for angle parking, no person shall park or stand a vehicle other than at an angle to the curb or edge of the roadway or in the center of the roadway as indicated by the signs and markings.

 

3-3-36          HANDICAPPED PARKING. The following regulations shall apply to the establishment and use of handicapped parking spaces:

 

           1.      Nonresidential buildings and facilities. All public and private buildings and facilities, temporary and permanent, used by the general public, which are not residences and which provide ten (10) or more parking spaces, shall set aside handicapped parking spaces in accordance with the Iowa Code.

 

           2.      Residential buildings and facilities. All public and private buildings and facilities, temporary and permanent, which are residences, excluding condominiums as defined in the Iowa Code, and which provide ten (10) or more parking spaces, excluding extended health care facilities, shall set aside at least one handicapped parking space.

          

           3.      Prohibited parking. No person shall park a motor vehicle not displaying a handicapped identification device, or displaying such a device but not being used by a handicapped person in any handicapped parking space located on either public or private property.

 

STOPPING, STANDING, OR PARKING PROHIBITED IN SPECIFIED PLACES

 

3‑3‑37          STOPPING, STANDING, OR PARKING PROHIBITED IN SPECIFIED PLACES.  No person shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic‑control device, in any of the following places:

                                                                                                    (Code of Iowa, Sec. 321.358)

 

           1.      On a sidewalk.

 

           2.      In front of a public or private driveway.

          

           3.      Within an intersection.

 

           4.      Within five (5) feet of either side of the point on the curb nearest to a fire hydrant.

           5.      On a crosswalk.

 

           6.      Within ten (10) feet upon the approach to any flashing beacon, stop sign, or traffic-control signal located at the side of the roadway.

          

           7.      Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance when properly signposted.

 

           8.      Alongside or opposite any street excavation or obstruction when such stopping, standing, or parking would obstruct traffic.

          

           9.      On the roadway side of any vehicle stopped or parked at the edge or curb of street.

 

           10.    Opposite the entrance to a garage or driveway in such a manner or under such conditions as to leave available less than twenty (20) feet of the width of the roadway for the free movement of vehicular traffic.

 

           11.    Upon any street or in any alley in any part of the City in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway of such street or alley for the free movement of vehicular traffic, except when necessary in obedience to traffic regulations or traffic signs, or signals of a police officer.

 

           12.    At any place where official signs or curb markings prohibit stopping, standing or parking.

 

           13.    Within ten (10) feet of the crosswalk at all intersections within the City.

          

           14.    In an alley under any fire escape at any time.

 

           15.    Within twenty (20) feet on either side of a mailbox which is so placed and so equipped as to permit the depositing of mail from vehicles on the roadway.

 

3‑3‑38          AUTHORITY TO PAINT CURBS AND ERECT SIGNS PROHIBITING STANDING OR PARKING.  When, because of restricted visibility or when standing or parked vehicles constitute a hazard to moving traffic, or when other traffic conditions require, the Mayor may cause curbings to be painted with a yellow or orange color and erect "no parking" or "standing" signs.  It shall be unlawful for the operator of any vehicle to stand or park a vehicle in an area so painted or sign‑posted.  It shall be unlawful for any person, other than after having first secured the permission of the City Council, to paint any curbing, sidewalk or street with yellow or orange colored paint or to erect "no parking" signs.

                                                                                                    (Code of Iowa, Sec. 321.358(10))

 

3‑3‑39          AUTHORITY TO IMPOUND VEHICLES.  Members of the Sheriff’s department are authorized to remove, or cause to be removed, a vehicle from a street, public alley, or highway to the nearest garage or other place of safety, or to a garage designated or maintained by the Sheriff’s department, or otherwise maintained by the City, under the following circumstances:

 

           1.      When a vehicle is upon a roadway and is so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal.

 

           2.      When any vehicle is left unattended upon a street and constitutes a definite hazard or obstruction to the normal movement of traffic.

 

           3.      When any vehicle, boat, camper or trailer is left parked upon a city street for a continuous period of forty‑eight hours or more, including any vehicle, boat, camper or trailer left in storage or junk or dead storage upon a city street for forty-eight or more continuous hours. A diligent effort shall first be made to locate the owner. If the owner is found, the owner shall be given the opportunity to remove the vehicle.

 

           4.      When any vehicle is left parked in violation of a ban on parking during a snow emergency as proclaimed by the Mayor.

 

In addition to the penalties hereinafter provided, the owner or driver of any vehicle impounded for violation of any of the provisions of this chapter shall be required to pay the reasonable cost of towing charges and storage.

 

STOPPING, STANDING OR PARKING

 

3‑3‑40          PARKING SIGNS REQUIRED.  Whenever by this or any other chapter of this City Code any parking time limit is imposed or parking is prohibited on designated streets or portions of streets it shall be the duty of the City to erect appropriate signs giving notice thereof and the regulations shall not be effective unless signs are erected and in place at the time of any alleged offense. When signs are erected giving notice thereof, no person shall disobey the restrictions stated on such signs.

                                                                                                    (Code of Iowa, Sec. 321.236)

 

3‑3‑41          PARKING DURING SNOW EMERGENCY.  No person shall park, abandon, or leave unattended any vehicle on any public street, alley, or City‑owned off‑street parking area during any snow emergency proclaimed by the Mayor unless the snow has been removed or plowed from said street, alley or parking area and the snow has ceased to fall.  continue from its proclamation through the duration of the snow or ice storm and the forty‑eight hour period after cessation of the storm except as above provided upon streets which have been fully opened.

 

The ban shall be of uniform application and the Mayor is directed to publicize the requirements widely, using all available news media, in early November each year. When predictions or occurrences indicate the need, the Mayor shall proclaim a snow emergency and the Mayor shall inform the news media to publicize the proclamation and the parking rules under the emergency.  Such emergency may be extended or shortened when conditions warrant.

                                                                                                    (Code of Iowa, Sec. 321.236)

 

In addition, alternate street parking is in effect from November 1st thru April 30th of each year.

 

1.         On odd calendar days, park on the side of the street with odd-numbered addresses.

 

2.         On even calendar days, park on the side of the street with even-numbered addresses.

 

3‑3‑42          ALL‑NIGHT PARKING PROHIBITED.  No person, except physicians or other persons on emergency calls, shall park a vehicle on any street marked to prohibit all night parking and giving notice thereof, between the hours of 2 a.m. and 6 a.m. of any day in the following locations:

 

           1.      Broadway West on both sides from First Avenue North to the end of the paved street.

 

           2.      Broadway East on both sides from First Avenue North to Third Avenue North.

 

3‑3‑43          TRUCK PARKING LIMITED.  Trucks weighing five tons or more, loaded or empty, shall not be parked on the streets as specified by the City Council.

 

MISCELLANEOUS DRIVING RULES

 

3‑3‑44          VEHICLES NOT TO BE DRIVEN ON SIDEWALKS.  The driver of a vehicle shall not drive upon or within any sidewalk area.

 

3‑3‑45          CLINGING TO VEHICLES.  No person shall drive a motor vehicle on the streets of this City unless all passengers of the vehicle are inside the vehicle in the place intended for their accommodation.  No person shall ride on the running board of a motor vehicle or in any other place not customarily used for carrying passengers.  No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway.

 

3‑3‑46          PARKING FOR CERTAIN PURPOSES PROHIBITED.  No person shall park a vehicle upon the roadway for the principal purpose of:

 

           1.      Displaying such vehicle for sale.

 

           2.      Displaying advertising.

 

           3.      Selling merchandise from the vehicle except in a duly established market place or when so authorized or licensed under the Ordinances of this City.

          

           4.      Storage as junk or dead storage for more than forty‑eight hours.

 

3‑3‑47          DRIVING THROUGH FUNERAL OR OTHER PROCESSION.  No driver of any vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when the vehicles are conspicuously designated as required in this chapter. This provision shall not apply at intersections where traffic is controlled by traffic‑control signals or police officers.  

 

3‑3‑48          DRIVERS IN A PROCESSION.  Each driver in a funeral or other procession shall drive as near to the right‑hand edge of the roadway as practical and shall follow the vehicle ahead as closely as is practical and safe.

 

3‑3‑49          FUNERAL PROCESSIONS TO BE IDENTIFIED.  A funeral procession composed of vehicles shall be identified as such by the display upon the outside of each vehicle of a pennant or other identifying insignia or by such other method as may be determined and designated by the police department.

 

3‑3‑50          TEMPORARY EMBARGO.  When signs are erected giving notice thereof, no person shall operate any vehicle with a gross weight in excess of the amounts specified on the signs at any time upon any of the streets or parts of streets as specified by the City Council.

 

3-3-51          SQUEALING OF TIRES. No person shall drive any vehicle in such a manner  as to cause the repeated or prolonged squealing of tires or leaving of skid marks on the pavement through too rapid of acceleration, except when such acceleration is necessary to avoid a collision.

 

BICYCLE REGULATIONS

 

3‑3‑52          TRAFFIC CODE APPLIES TO PERSONS RIDING BICYCLES.  Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to drivers of vehicles by the laws of this State regarding rules of the road applicable to vehicles or by the traffic Ordinances of this City applicable to drivers of vehicles, except as to those provisions which by their nature can have no application. Whenever a person dismounts from a bicycle such person shall be subject to all regulations applicable to pedestrians.

 

3‑3‑53          RIDING ON BICYCLES.  A person propelling a bicycle shall not ride other than astride a permanent and regular seat. No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.

 

3‑3‑54          RIDING ON ROADWAYS AND BICYCLE PATHS. Every person operating a bicycle upon a roadway shall ride as near to the right‑hand side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

 

Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.

 

3‑3‑55          SPEED.  No person shall operate a bicycle at a speed greater than is reasonable and prudent under existing conditions.

 

3‑3‑56          EMERGING FROM ALLEY OR DRIVEWAY. The operators of a bicycle emerging from an alley, driveway, or building shall, upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right of way to all pedestrians approaching on the sidewalk or sidewalk area, and upon entering the roadway shall yield the right of way to all vehicles approaching on said roadway.

 

3‑3‑57          CARRYING ARTICLES.  No person operating a bicycle shall carry any package, bundle, or article which prevents the rider from keeping at least one hand upon the handle bars.

 

3‑3‑58          PARKING.  Bicycles shall be parked upon the roadway of a street against the curb, or upon the sidewalk in a rack to support bicycles, or against a building, or at the curb, in such a manner as to afford the least obstruction to pedestrian traffic.

 

3‑3‑59          RIDING ON SIDEWALKS.  No person shall ride a bicycle on a sidewalk within a business district. When signs are erected on a sidewalk or roadway prohibiting the riding of bicycles on the sidewalk or roadway, no person shall disobey such signs. Whenever a person is riding a bicycle upon a sidewalk, the person shall yield the right of way to any pedestrian and shall give a timely audible signal before overtaking and passing a pedestrian.

 

3‑3‑60          LAMPS AND OTHER EQUIPMENT ON BICYCLES. Every bicycle when in use at nighttime shall be equipped with a lamp on the front that emits a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type that is visible from all distances from fifty feet to 300 feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle.  A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.

 

Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheel skid on dry, level, clean pavement.

 

SNOWMOBILES

 

3‑3‑61          SNOWMOBILE DEFINITIONS.

 

           1.      "Snowmobile" means a self‑propelled vehicle designed for travel on snow or ice in a natural terrain steered by wheels, skis or runners.

 

           2.      "Operate" means to control the operation of a snowmobile.

 

           3.      "Operator" means a person who operates or is in actual control of a snowmobile.

 

3‑3‑62          PERMITTED AREAS OF OPERATION.  Snowmobiles will be allowed to operate in the City as follows:

 

The routes established by the City Council shall be the only permitted snowmobile routes and the snowmobiles shall be operated within the roadways of said public streets and shall also be subject to the following regulations.

 

3‑3‑63          REGULATIONS. It shall be unlawful for any person to operate a snowmobile under the following circumstances:

 

           1.      On private property of another without the express permission to do so by the owner or occupant of said property.

 

           2.      On public school grounds, park property, playgrounds, recreational areas and golf courses without express permission to do so by the proper public authority.

 

           3.      In a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons.

 

           4.      In a careless, reckless or negligent manner so as to endanger the safety of any person or property of any other person.

           5.      Without having such snowmobile registered as provided for by Iowa Statute except that this provision shall not apply to the operation of a snowmobile on the private property of the owner by the owner or a member of his immediate family.

 

           6.      Within the right‑of‑way of any public street or alley within the City unless the operator shall have a valid driver's license; or an instruction permit and accompanied by a qualified licensed driver.

 

           7.      No person shall operate a snowmobile in the City from eleven o'clock (11:00) p.m. to ten o'clock (10:00) a.m., except for the purpose of loading and unloading a snowmobile from another vehicle or trailer.

 

3‑3‑64          EQUIPMENT REQUIRED.  All snowmobiles operated within the City shall have the following equipment:

 

           1.      Mufflers which are properly attached and which reduce the noise of operation of the vehicle to the minimum noise necessary for operating the vehicle and no person shall use a muffler cut‑out, by‑pass or similar device on said vehicle.

 

           2.      Adequate brakes in good condition and at least one headlight and one taillight.

          

           3.      A safety or so‑called "dead‑man" throttle in operating condition; a safety or "dead‑man" throttle is defined as a device which when pressure is removed from the accelerator or throttle causes the motor to be disengaged from the driving track.

 

3‑3‑65          UNATTENDED VEHICLES.  It is unlawful for the owner or operator to leave or allow a snowmobile to be or remain unattended on public property while the motor is running or the key left in the ignition.

 

3‑3‑66          RESTRICTION OF OPERATION.  The City Council may, by resolution, prohibit the operation of snowmobiles within the right‑of‑way of the public roads, streets or alley or other City property within the City when the public safety and welfare so requires.

 

3‑3‑67          TRAFFIC REGULATION.  Each person operating a snowmobile shall strictly observe all traffic signs and signals and all other traffic rules and regulations applicable thereto, and shall obey the orders and directions of any police officer of the City authorized to direct or regulate traffic.

 

ENGINE AND COMPRESSION BRAKE LEVELS.

 

3-3-68 UNLAWFUL USE OF ENGINE AND COMPRESSION BRAKES. It shall be unlawful for the driver of any vehicle to use or operate or cause to be used or operated within the City of Oxford Junction, any engine brake, compression break or mechanical exhaust device designed to aid in the breaking or deceleration of any vehicle that results in excessive, loud, unusual or explosive noise from such vehicle. The use of such engine brake, compression break or mechanical exhaust device designed to aid in the breaking or deceleration in such a manner so as to be audible at a distance of three hundred (300’) feet from the motor vehicle shall constitute evidence of a prima facie violation of this section. Violation of this section shall result in a $50.00 fine.

 

PENALTIES AND PROCEDURE ON ARREST

 

3‑3‑69          CITATION PLACED ON ILLEGALLY PARKED VEHICLE. Whenever any motor vehicle without a driver is found parked or stopped in violation of any of the restrictions imposed by any Ordinance of this City or State law, the officer finding such vehicle shall prepare a written parking citation giving the registration number, and other identifying information to such vehicle in a conspicuous place and directing the driver of the vehicle to appear at the place designated in the citation within seven days, or to pay the local scheduled fine established by the section titled "LOCAL PARKING FINES" in this chapter at the City Clerk's office as provided therein.  

 

3‑3‑70          PRESUMPTION IN REFERENCE TO ILLEGAL PARKING.  In any prosecution charging a violation of any parking Ordinance or State law governing the standing, stopping, or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of any such Ordinance or law, together with proof that the defendant named in the complaint was at the time of such parking violation the registered owner of such vehicle, shall constitute prima facie evidence that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which such violation occurred.  

 

3‑3‑71          LOCAL PARKING FINES. Scheduled fines as follows are established, payable by mail or in person at the City Clerk's office within seven days of the violation, for the following parking violations:

 

           1.      Overtime parking                                                 $  5.00

           2.      Prohibited parking                                               $  5.00

           3.      No parking zone                                                   $  5.00

           4.      Blocking alley                                                       $  5.00

           5.      Illegal parking                                                       $  5.00

           6.      Street cleaning                                                     $  5.00

           7.      Snow removal ban                                               $  5.00

           8.      Handicap parking                                                $100.00

                                                                                                    (Code of Iowa, Sec. 321L.4(2))

 

3‑3‑72          FAILURE TO PAY PARKING CITATIONS.  If a violator of the restrictions on stopping, standing, or parking under the parking Ordinances of this City or of State law fails to make payment of the scheduled fine as specified on a parking citation affixed to such motor vehicle within the seven days, the City shall send the owner of the motor vehicle to which the parking citation was affixed a letter informing the owner of the violation and warning that in the event such letter is disregarded for a period of five days from date of mailing, a court citation will be issued requiring a court appearance and subjecting the violator to court costs.  


 

                                                                    TITLE III  COMMUNITY PROTECTION

 

                                                                     CHAPTER 4  CURFEW FOR MINORS

 


 

3-4-1            Preamble

3-4-2            Findings and Purpose

3-4-3            Definitions

3-4-4            Offenses


 

3-4-5           Defenses

3-4-6           Enforcement

3-4-7           Penalty, Municipal Infraction


 

 

3-4-1            PREAMBLE. The City of Oxford Junction recognizes that all citizens including minors have certain inalienable rights and that among them are the rights of liberty and the pursuit of happiness. Further, all citizens including minors have the right to freedom of religion, freedom of speech, freedom of assembly, and of association. This section should be interpreted to avoid any construction that would result in the appearance of interference with the free exercise of religious worship and political association and this Ordinance shall not be construed to mean that the City intends to interfere with a minor's freedom of association for political, economic, religious, or cultural matters or association for purposes such as marches, demonstrations, picketing, or prayer vigils which are otherwise lawful and peaceful assemblies.

                                                                                                    (Code of Iowa, Sec. 364.1)

 

3-4-2            FINDINGS AND PURPOSE.  The City Council has determined that there has been an increase in juvenile violence and crime by persons under the age of 18 in the City of Oxford Junction; and

 

The City of Oxford Junction has an obligation to provide for the protection of minors from each other and from other persons, for the enforcement of parental control over and responsibility for children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities.

 

3-4-3            DEFINITIONS.  In this chapter:

 

           1.      Curfew hours means 10:00 p.m. until 5:00 a.m. of the following day on Sunday, Monday, Tuesday, Wednesday and Thursday and between the hours of 11:00 p.m. until 5:00 a.m. on Friday and Saturday.

 

           2.      Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

 

           3.      Establishment means any privately-owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.

 

           4.      Guardian means:

 

                    a.     A person who, under court order, is the guardian of the person of a minor; or

 

                    b.    A public or private agency with whom a minor has been placed by a court.

 

           5.      Minor means any person under age 18 years of age.

 

           6.      Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

 

           7.      Parent means a person who is:

                   

                    a.     A biological parent, adoptive parent, or step-parent of another person; or

 

                    b.    At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor. Authorization is to be in writing and is to be on the person.

           8.      Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

 

           9.      Remain means to:

 

                    a.     Linger or stay; or

 

                    b.    Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.

 

           10.    Serious Bodily Injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss of impairment of the function of any bodily member or organ.

 

3-4-4            OFFENSES. 

 

           1.      A minor commits an offense if the minor remains in any public place or on the premises of any establishment within the City during curfew hours.

 

           2.      A parent or guardian of a minor commits an offense if they knowingly permit, or by insufficient control allow, the minor to remain in any public place or on the premises of any establishment within the City during curfew hours.

 

           3.      The owner, operator, or any employee of an establishment commits an offense if they knowingly allow a minor to remain upon the premises of the establishment during curfew hours.

 

3-4-5            DEFENSES.

 

           1.      It is a defense to prosecution under this chapter that the minor was:

 

                    a.     Accompanied by the minor's parent or guardian;

 

                    b.    On an errand at the direction of the minor's parent or guardian, without any detour or stop;

 

                    c.     In a motor vehicle involved in interstate travel;

 

                    d.    Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

 

                    e.     Involved in an emergency;

 

                    f.     On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;

 

                    g.    Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Oxford Junction, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Oxford Junction, a civic organization, or another similar entity that takes responsibility for the minor;

 

                    h.    Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or

 

                    i.      Married or had been married.

          

2.        It is a defense to prosecution under Subsection 3-4-4(3) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

 

3-4-6            ENFORCEMENT. 

 

           1.      Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Section 3-4-5 is present.

 

           2.      A minor who is in violation of this Ordinance shall be reunited with the minor's parent or guardian or custodian or other adult taking the place of the parent or shall be taken home by the police officers of the City of Oxford Junction.

 

3-4-7                  PENALTY, MUNICIPAL INFRACTION.  The violation of this chapter shall result in:

 

           First Offense:             $50.00 plus court costs for minor

                                                Warning for parent or guardian

 

         Second Offense:      $100.00 plus court costs for minor

                                                $100.00 plus court costs for parent or guardian

 

 


 

                                                                    TITLE III  COMMUNITY PROTECTION

 

                      CHAPTER 5  REGULATING PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS

 


 

3-5-1            Definitions

3-5-2            Exemptions

3-5-3            Permits

3-5-4            Requirements

3-5-5           Hours of Solicitation
3-5-6           Consumer Protection Law

3-5-7           Bond Required

3-5-8           Obstruction of Pedestrian or Vehicular

                    Traffic


 

 

3‑5‑1            DEFINITIONS.  For use in this chapter, the following terms are defined as follows:

 

           1.      A "peddler" is any person carrying or transporting goods or merchandise who sells or offers for sale for immediate delivery such goods or merchandise from house‑to‑house or upon the public street.

 

           2.      A "solicitor" is any person who solicits or attempts to solicit from house‑to‑house or upon public streets orders for commercial goods, wares, subscriptions, publications, periodicals, merchandise, or services to be delivered or fulfilled at a future date.

 

For the purposes of this chapter, "solicitor" does not include a person who contacts another person at such person's residence without prior invitation to enlist support for or against, or solicit funds for patriotic, philanthropic, charitable, political, or religious purposes, whether or not there is an incidental purpose involving the sale of some goods or service.  

 

           3.      A "transient merchant" includes every merchant, whether an individual person, a firm, corporation, partnership, or association, who brings or causes to be brought within the municipality any goods, wares, or merchandise of any kind, nature, or description, with the intention of temporarily or intermittently selling or offering to sell at retail such goods, wares, or merchandise. Temporary association with a local merchant, dealer, trader, or auctioneer, for conducting such transient business in connection with, as part of, or in the name of any local merchant, dealer, trader, or auctioneer, does not exempt any such person, firm, or corporation from being considered a transient merchant.

 

3‑5‑2            EXEMPTIONS.  The provisions of this chapter shall not apply to nonprofit civic, charitable, religious, or educational groups engaged in retail sale for the purposes of fund raising.

 

3‑5‑3            PERMITS.  Before any person or organization engages in any of the practices defined herein, they must comply with all applicable Ordinances, and must also obtain from the City Clerk a permit in accordance with the provisions of sections 3‑5‑4 and 3‑5‑5.

                                                                                                    (Code of Iowa, Sec. 9C.2)

 

The following fees shall be paid to the clerk prior to the issuance of any license:

 

           1.      For one day                                                          $10.00

           2.      For one week                                                        $30.00

           3.      For up to six months                                           $50.00

           4.      For up to one year                                               $75.00

 

3‑5‑4            REQUIREMENTS.  Any applicant engaged in any activity described in 3‑5‑1 of this chapter must file with the City Clerk an application in writing that gives the following information:  

 

           1.      Name and social security number.  

          

           2.      Permanent and local addresses and, in case of transient merchants, the local address from which proposed sales will be made.  

 

           3.      A brief description of the nature of the sales method.

 

           4.      Name and address of the firm for or on whose behalf the orders are solicited, or the supplier of the goods offered for sale.  

          

           5.      Length of time for which the permit is desired.  

 

           6.      A statement as to whether or not the applicant has been convicted of any crime, and if so, the date, the nature of the offense, and the name of the court imposing the penalty.

 

           7.      Motor vehicle make, model, year, color, and registration number, if a vehicle is to be used in the proposed solicitation.

 

3‑5‑5            HOURS OF SOLICITATION.  No person may conduct those activities described in Section 3‑5‑1 except between the hours of 9:00 a.m. and 6:00 p.m. on each day, and no solicitation shall be done on Sundays or legal holidays.  

 

3‑5‑6            CONSUMER PROTECTION LAW.  All solicitors and peddlers shall be informed of, agree to comply with, and comply with the State law, Section 555A.3, Code of Iowa, requiring a notice of cancellation to be given in duplicate, properly filled out, to each buyer to whom such person sells a product or service and, comply with the other requirements of the law.  

 

3‑5‑7            BOND REQUIRED.  Before a permit under this chapter is issued, each person subject to this Ordinance shall post with the Clerk, a bond, by a surety company authorized to insure the fidelity of others in Iowa, in the amount of $1,000 to the effect that the registrant and the surety consent to the forfeiture of the principal sum of the bond or such part thereof as may be necessary:  (1) to indemnify the City for any penalties or costs occasioned by the enforcement of this chapter, and (2) to make payment of any judgment rendered against the registrant as a result of a claim or litigation arising out of or in connection with the registrant's peddling or solicitation. The bond shall not be retired until one year from the expiration of the permit.   

 

3‑5‑8            OBSTRUCTION OF PEDESTRIAN OR VEHICULAR TRAFFIC.  No person, while engaged in any of the practices described in Section 3‑5‑1, shall block or obstruct the path of any pedestrian or vehicular traffic, or block or obstruct any way of ingress or egress to roads, buildings, or other enclosures or conveyances, including, but not limited to, vehicles, elevators, and escalators.  


 

                                                                    TITLE III  COMMUNITY PROTECTION

 

                                                                       CHAPTER 6  CIGARETTE LICENSE

 


 

3-6-1            Definitions

3-6-2            Permit Required

3-6-3            Issuance

3-6-4            Expiration

3-6-5            Fees


 

3-6-6           Refunds

3-6-7           Revocation

3-6-8           Permits not Transferable

3-6-9           Display

3-6-10         Minors


 

 

3‑6‑1            DEFINITIONS.  For use in this chapter the following terms are defined as follows:

 

           1.      The term "cigarette" means any roll for smoking made wholly or in part of tobacco or any substitute for tobacco, irrespective of size or shape and irrespective of tobacco or any substitute for tobacco being flavored, adulterated, or mixed with any other ingredient, where such roll has a wrapper or cover made of paper or any other material.  However, this definition shall not be construed to include cigars.

                                                                                                    (Code of Iowa, Sec. 453A.1(2))

 

           2.      The term "retailer" means and includes every person in this State who sells, distributes, or offers for sale for consumption, or possess for the purpose of sale for consumption, cigarettes irrespective of quality or amount or the number of sales.

                                                                                                    (Code of Iowa, Sec. 453A.1(19))

 

           3.      The term "place of business" means and includes any place where cigarettes are sold or where cigarettes are stored, within or without the State of Iowa, by the holder of an Iowa permit or kept for the purpose of sale or consumption; or if sold from any vehicle or train, the vehicle or train on which or from which such cigarettes are sold shall constitute a place of business.  

                                                                                                    (Code of Iowa, Sec. 453A.1(17))

 

3‑6‑2            PERMIT REQUIRED.  No retailer shall distribute, sell, or solicit the sale of any cigarettes within the City of Oxford Junction, Iowa, without a valid permit for each place of business. The permit shall be displayed publicly in the place of business so that it can be seen easily by the public.

                                                                                                    (Code of Iowa, Sec. 453A.13)

 

3‑6‑3            ISSUANCE.  The City Council shall issue or renew a permit, upon a determination that such issuance or renewal will not be detrimental to the public health, safety, or morals, when a retailer who is not a minor has filed with the City Clerk a completed application on forms provided by the State Department of Revenue and Finance and accompanied by the fee provided in Section 3‑6‑5.

                                                                                                    (Code of Iowa, Sec. 453A.13(2)(a))

 

3‑6‑4            EXPIRATION.  Permits expire on June 30 of each year.

                                                                                                    (Code of Iowa, Sec. 453A.13(3))

          

3‑6‑5            FEES.  The fee for permits issued or renewed in July, August, or September is $75.00; The fee for permits issued in October, November, or December is $56.25; in January, February or March, $37.50; and in April, May or June, $18.75.

                                                                                                    (Code of Iowa, Sec. 453A.13(3))

 

3‑6‑6            REFUNDS.  A retailer may surrender an unrevoked permit in July, August, or September for a refund of $56.25; in October, November, or December, for $37.50; or in January, February, or March, for $18.75.

                                                                                                    (Code of Iowa, Sec. 453A.13(4))

 

3‑6‑7            REVOCATION.  The City Council, after notice and hearing, shall revoke a permit if it finds the retailer has substantially violated the provisions of this chapter or chapter 453A, Code of Iowa. If grounds exist that would be sufficient for refusal to issue such a permit, it shall not be issued. The City Clerk shall give ten days written notice to the retailer by mailing a copy of the notice by certified mail to the place of business as it appears on the application for a permit. The notice shall state the reason for the contemplated revocation and the time and place at which the person may appear and be heard. The hearing shall be held at the regular meeting place of the City Council.

 

Upon revocation, no new permit shall be issued to the retailer or for the place of business for one year from the date of revocation unless good cause to the contrary is shown to the City Council.

                                                                                                    (Code of Iowa, Sec. 453A.22)

 

3‑6‑8            PERMITS NOT TRANSFERABLE. A permit shall not be transferable to another place of business or retailer.  However, if a retailer who holds a valid permit moves the place of business, the City Council, if it decides to issue a new permit for the new place of business, shall not charge any additional fee for the unexpired term of the original permit if the retailer has not received a refund for surrender of the original permit.

 

3‑6‑9            DISPLAY.  The permit shall be displayed in the place of business so that it can be seen easily by the public.  

                                                                                                    (Code of Iowa, Sec. 453A.13(10))

 

3-6-10          MINORS.  A person will not furnish to any minor under eighteen years of age by gift, sale or other wise, any smokeless tobacco, cigarette, or cigarette paper, or any other substance made or prepared for the purpose of use in making cigarettes. A person shall not directly or indirectly, sell, barter or give to any minor under eighteen years of age any tobacco in any form except upon written order of the minor’s parent or guardian.


 

                                                                    TITLE III  COMMUNITY PROTECTION

 

                                                              CHAPTER 7  BEER AND LIQUOR LICENSES

 


 

3-7-1            Purpose

3-7-2            Required Obedience to Provisions

                    of this Chapter and State Law

3-7-3            Action by Council


 

3-7-4           Transfers

3-7-5           Open Alcoholic Beverage Containers

3-7-6           Persons Under the Legal Age - Penalty


 

 

3‑7‑1            PURPOSE.  The purpose of this chapter is to provide for administration of licenses and permits and for local regulations and procedures for the conduct of the sale and consumption of beer, wine, and liquor, for the protection of the safety, health, and general welfare of this community.

                                                                                                    (Code of Iowa, Sec. 364.1)

 

3-7-2            REQUIRED OBEDIENCE TO PROVISIONS OF THIS CHAPTER AND STATE LAW.  The following sections of the Iowa Code are hereby adopted by reference:

 

           1.      123.2 and 123.3  General Prohibition and Definitions

 

           2.      123.18  Favors From Licensee or Permittee

 

           3.      123.22  State Monopoly

 

           4.      123.30  Liquor Control Licenses - Classes

 

           5.      123.31  Application Contents

 

           6.      123.33  Records

 

           7.      123.34  Expiration - License or Permit

 

           8.      123.35  Simplified Renewal Procedure

 

           9.      123.36  Liquor Fees - Sunday Sales

 

           10.    123.38  Nature of Permit or License - Surrender - Transfer

 

           11.    123.39  Suspension or Revocation of License or Permit - Civil Penalty

 

           12.    123.40  Effect of Revocation

 

           13.    123.44  Gifts of Liquors Prohibited

 

           14.    123.46  Consumption in Public Places - Intoxication - Right to Chemical Test - Exoneration

 

           15.    123.49  Miscellaneous Prohibitions

 

           16.    123.50  Criminal and Civil Penalties

 

           17.    123.51  Advertisements for Alcoholic Liquor, Wine or Beer

 

           18.    123.52  Prohibited Sale

 

19.      123.90  Penalties Generally

 

           20.    123.95  Premises Must Be Licensed - Exception as to Conventions and Social Gatherings

 

           21.    123.122 through 123.145  Beer Provisions (Division II)

 

           22.    123.150  Sunday Sales Before New Year's Day

 

           23.    123.171 through 123.182  Wine Provisions (Division V)

 

3‑7‑3            ACTION BY COUNCIL.  The City Council shall approve or disapprove the application.  Action taken by the City Council shall be endorsed on the application.  The application, fee, penal bond, and certificate of dram shop liability insurance (if applicable) shall be forwarded to the Iowa alcoholic beverages division for further action as provided by law.                                                                                  

                                                                                                    (Code of Iowa, Sec. 123.32(2))

 

3‑7‑4            TRANSFERS. The City Council may, in its discretion, authorize a licensee or permittee to transfer the license or permit from one location to another within the City, provided that the premises to which the transfer is to be made would have been eligible for a license or permit in the first instance and the transfer will not result in the violation of any law or Ordinance. An applicant for a transfer shall file with the application for transfer proof of dram shop liability insurance and penal bond covering the premises to which the license is to be transferred.

                                                                                                    (Code of Iowa, Sec. 123.38)

 

3‑7‑5            OPEN ALCOHOLIC BEVERAGE CONTAINERS.  Code of Iowa, Section 123.28, second paragraph, is adopted by reference. 

 

3‑7‑6           PERSONS UNDER THE  LEGAL AGE - PENALTY. 

 

            1.     A person shall not sell, give, or otherwise supply alcoholic liquor, wine, or beer to any person knowing or having reasonable cause to believe that person to be under legal age.

 

            2.     A person or persons under legal age shall not purchase or attempt to purchase, or individually or jointly have alcoholic liquor, wine, or beer in their possession or control; except in the case of liquor, wine, or beer given or dispensed to a person under legal age within a private home and with the knowledge, presence, and consent of the parent or guardian, for beverage or medicinal purposes or as administered to the person by either a physician or dentist for medicinal purposes and except to the extent that a person under legal age may handle alcoholic beverages, wine, and beer during the regular course of the person’s employment by a liquor control licensee, or wine or beer permittee under this chapter.

 

            3.     A person who is under legal age, other than a licensee or permittee, who violates this section regarding the purchase of or attempt to purchase alcoholic liquor, wine, or beer, or possessing or having control of alcoholic liquor, wine, or beer commits a simple misdemeanor punishable by a fine of one hundred dollars for the first offense. A second or subsequent offense shall be a simple misdemeanor punishable by a fine of two hundred dollars and the suspension of the person’s motor vehicle operating privileges for a period not to exceed one year. The court may, in its discretion, order the person who is under legal age to perform community service work under Section 909.3A, of an equivalent value to the fine imposed under this section. However, if the person who commits the violation of this section is under the age of eighteen, the matter shall be disposed of in the manner provided in Chapter 232.

 

            4.     Except as otherwise provided in subsections 5 and 6, a person who is of legal age, other than a licensee or permittee, who sells, gives, or otherwise supplies alcoholic liquor, wine, or beer to a person who is under legal age in violation of this section commits a serious misdemeanor punishable by a minimum fine of five hundred dollars.

 

            5.     A person who is of legal age, other than a licensee or permittee, who sells, gives, or otherwise supplies alcoholic liquor, wine or beer to a person who is under legal age in violation of this section which results in serious injury to any person commits an aggravated misdemeanor.

 

            6.     A person who is of legal age, other than a licensee or permittee, who sells, gives, or otherwise supplies alcoholic liquor, wine, or beer to a person who is under legal age in violation of this section which results in the death of any person commits a class “D” felony.

                                                                                                (Code of Iowa, Section 123.47)

 


 

TITLE III  COMMUNITY PROTECTION

 

                                                         CHAPTER 8  JUNK AND ABANDONED VEHICLES

 


 

3-8-1  Purpose

3-8-2  Definitions

3-8-3  Removal of Abandoned Vehicles

3-8-4  Notification of Owners and

                    Lienholders

3-8-5  Impoundment Fees and Bonds

3-8-6  Hearing Procedures

3-8-7  Auction or Disposal of

                    Abandoned Vehicles


 

3-8-8           Junk Vehicles Declared a Nuisance

3-8-9           Notice to Abate

3-8-10         Abatement by Municipality

3-8-11         Collection of Cost of Abatement

3-8-12         Exceptions

3-8-13         Interference with Enforcement


 

 

3‑8‑1  PURPOSE.  The purpose of this chapter is to protect the health, safety, and welfare of the citizens and safety of property of this City by providing for removal of abandoned motor vehicles and the elimination of the open storage of abandoned and junk motor vehicles and machinery except in authorized places.

                                                                                                    (Code of Iowa, Sec. 3641.1)

 

3‑8‑2  DEFINITIONS.  For the purpose of this chapter, the following terms are defined as follows:

 

           1.      "Abandoned vehicle" means any of the following:

 

                    a.     A vehicle that has been left unattended on public property for more than twenty-four hours and lacks current registration plates or two or more wheels or other parts which render the vehicle totally inoperable; or

 

                    b.    A vehicle that has remained illegally on public property for more than twenty-four hours; or

 

                    c.     A vehicle that has been unlawfully parked on private property or has been placed on private property without the consent of the owner or person in control of the property for more than twenty‑four hours; or

 

                    d.    A vehicle that has been legally impounded by order of the Chief of Police or County Sheriff and has not been reclaimed for a period of ten days; or

 

                    e.     Any vehicle parked on the street determined by the Chief of Police or County Sheriff to create a hazard to other vehicular traffic.  

                                                                                                    (Code of Iowa, Sec. 321.89(1)(b))

 

           2.      "Private property" means any real property within the City which is not public property as defined in this section.

 

           3.      "Public property" means any public right‑of‑way open for the purposes of vehicular travel.  

 

           4.      A "junk vehicle" means any unlicensed vehicle stored within the corporate limits of the City of Oxford Junction, Iowa, and which has any one of the following characteristics:

 

                    a.     Any vehicle with a broken or cracked windshield, or  window or headlight or any other cracked or broken glass.

 

                    b.    Any vehicle with a broken or loose fender, door or bumper or hood or door handle or window handle or steering wheel, trunk top or trunk handle or tail pipe.

 

                    c.     Any vehicle which has become the habitat of rats, mice, or snakes, or any other vermin or insects.

                   

                    d.    Any vehicle which contains gasoline or any other flammable fuel.

 

                    e.     Any motor vehicle if it lacks an engine or two or more wheels or other structural parts which render said motor vehicle totally inoperable.  

 

                    f.     Any other vehicle which, because of its defective or obsolete condition, in any other way constitutes a threat to the public health and safety.

 

           5.      "Vehicle" means every device in, upon, or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and shall include without limitation a motor vehicle, automobile, truck, trailer, motorcycle, tractor, buggy, wagon, farm machinery, or any combination thereof.  

 

3‑8‑3  REMOVAL OF ABANDONED VEHICLES.  

 

           1.      The Chief of Police or County Sheriff may, without prior notice or hearing, remove and impound any abandoned vehicle as defined in section 3‑8‑2 (1). The Chief of Police or County Sheriff may hire other personnel, equipment, and facilities for the purpose of removing, preserving, storing, or disposing of abandoned vehicles.  

 

           2.      The impoundment and storage of all vehicles pursuant to this chapter shall be in such areas or places designated by the City Council.  

 

           3.      When a vehicle is taken into custody and impounded under the provisions of this chapter, the Chief of Police or County Sheriff shall maintain a record of the vehicle, listing the color, year of manufacture, manufacturer's trade name, body style, vehicle identification number, and license plate and year displayed on the vehicle. The records shall include the date and hour of tow, location towed from, location towed to, person or firm doing the towing, reason for towing, and the name of the officer authorizing the tow.  

                                                                                                    (Code of Iowa, Sec. 321.89(2))

 

           4.      Nothing in this chapter shall govern the procedures of any police officer in taking into custody and impounding any vehicle to be used or proposed to be used as evidence in a criminal case involving crimes other than violations of this chapter.  

 

3‑8‑4  NOTIFICATION OF OWNERS AND LIENHOLDERS.  

 

           1.      When a vehicle is taken into custody under the provisions of this chapter or under any provisions of State law, the Chief of Police or County Sheriff shall notify, within three days, by certified mail with five‑days return receipt, the last known registered owner of the vehicle, all lienholders of record, and any other known claimant to the vehicle or to personal property found in the vehicle, addressed to their last known addresses of record, that the abandoned vehicle has been taken into custody.  Notice shall be deemed given when mailed. The notice shall:

 

                    a.     Describe the year, make, model, and serial number of the vehicle.

 

                    b.    Describe the personal property found in the vehicle.

 

                    c.     Describe the location of the facility where the vehicle is being held.  

 

                    d.    Inform the persons receiving notice:

                                 

                            (1) of their right to reclaim the vehicle and personal property within ten days after the effective date of the notice;

 

                            (2) that the right can be exercised upon payment of all towing, preservation, notice, and storage charges resulting from placing the vehicle in custody;

 

                            (3) that failure of the owner or lienholders to exercise their right to reclaim the vehicle within the reclaiming period shall be deemed a waiver by the owner and all lienholders of all right, title, claim, and interest in the vehicle;

                            (4) that failure to reclaim the vehicle is deemed consent to the sale of the vehicle at a public auction or disposal of the vehicle to a demolisher.

 

                    e.     State that any person claiming rightful possession of the vehicle or personal property who disputes the planned disposition of the vehicle or personal property by the Chief of Police or County Sheriff or the assessment of fees and charges provided by this chapter may request a hearing to contest these matters in accordance with the provisions of Section 3‑8‑6.

 

                    f.     State that a request for a hearing must be in writing and received by the department prior to the expiration of the ten day reclaiming period.  

 

                    g.    State that in the event a hearing is requested immediate release of the vehicle may be obtained by posting a cash bond as required by Section 3‑8‑5.

                                                                                                    (Code of Iowa, Sec. 321.89(3)(a))

 

           2.      The owner or any person receiving notice may, by written request received by the Chief of Police or County Sheriff prior to the expiration of the ten day reclaiming period, obtain an additional fourteen days within which the vehicle may be reclaimed.  

                                                                                                    (Code of Iowa, Sec. 321.89(3)(c))

 

           3.      Notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned shall be sufficient to meet the requirements of this chapter. The published notice may contain multiple listings of abandoned vehicles but shall be published within the same time requirements and shall contain the same information as prescribed for mailed notice in this section. Published notice shall be used if:

 

                    a.     the identity of the last registered owner cannot be determined, or

 

                    b.    the registration contains no address for the owner, or

 

                    c.     it is impossible to determine with reasonable certainty the identity and address of all lienholders.  

                                                                                                    (Code of Iowa, Sec. 321.89(3)(b))

 

           4.      If the persons receiving notice do not request a hearing or exercise their right to reclaim the vehicle or personal property within the reclaiming period, the owner of the vehicle or owners of the personal property shall no longer have any right, title, claim, or interest in or to the vehicle.  

 

           5.      No court in any case in law or equity shall recognize any right, title, claim, or interest of the owner and lienholders after the ten day reclaiming period. 

                                                                                                    (Code of Iowa, Sec. 321.89(3))

 

3‑8‑5  IMPOUNDMENT FEES AND BOND.

 

           1.      Before the owner or other person lawfully entitled to possession of any vehicle that has been impounded under the provisions of this chapter or any other provision of law may recover such vehicle, such person shall present to the Chief of Police or County Sheriff evidence of such person's identity and right to possession of the vehicle, shall sign a receipt for its return, and shall pay the costs of:

 

                    a.     an impoundment fee

                   

                    b.    towing charges

 

                    c.     preservation charges

                   

                    d.    storage charges

                   

                   

                    e.     notice charges

                                                                                                    (Code of Iowa, Sec. 321.89(3)(a))

          

           2.      The amount of the charges specified in a‑e shall be set by the City Council. The notice charges shall be limited to the actual cost.  

 

           3.      If a hearing is requested under Section 3‑8‑4 (1)(e), the owner or person lawfully entitled to possession of the vehicle shall be permitted to secure the immediate release of the vehicle upon posting a cash bond in an amount equal to the sum of:

 

                    a.     the fees required by Section 3‑8‑5(1)

 

                    b.    the amount of the fine or penalty for each violation for which there is an outstanding or otherwise unsettled traffic violation notice or warrant.  

 

3‑8‑6            HEARING PROCEDURES.  

 

           1.      The registered owner, any lienholder of record, or duly authorized agents thereof, may object to the legality of the impoundment or the assessment of fees and request a hearing thereon. No person shall be entitled to more than one hearing on each impoundment. Upon receipt of a timely objection to the impoundment, the objector shall be informed of the reason for the impoundment and a hearing shall be held, without unnecessary delay, before the City Council pursuant to 1-4-1 at seq.

                                                                                                    (Code of Iowa, Sec. 321.89(3))

          

3‑8‑7  AUCTION OR DISPOSAL OF ABANDONED VEHICLES.  The Chief of Police or County Sheriff shall follow the procedures in State law for the auction or disposal of abandoned vehicles.

                                                                                                    (Code of Iowa, Sec. 321.89(4))

 

3‑8‑8  JUNK VEHICLES DECLARED A NUISANCE.  Except as hereinafter provided, it is hereby declared that the parking, leaving, or storage of a junk vehicle upon either public or private property within the corporate limits of the City of Oxford Junction, Iowa, constitutes a threat to the health and safety of the citizens and is a nuisance within the meaning of Section 657.1 of the Code of Iowa. If any junk vehicle is stored upon private property or public property in violation thereof, the owner of the property shall be liable for said violation.  

 

3‑8‑9  NOTICE TO ABATE.  

 

           1.      Whenever the Chief of Police or County Sheriff shall find a junk vehicle placed or stored on private property within the City in violation of Section 3‑8‑8, the Chief of Police or County Sheriff shall notify, by certified mail with five days' return receipt, the following persons:

                                                                                                   

                    a.     the owner of the property.

 

                    b.    the occupant of the property.

 

           2.      The notice to abate shall:

 

                    a.     describe, to the extent possible, the year, make, model, and color of the vehicle.

                   

                    b.    describe the location of the vehicle.

 

                    c.     state that the vehicle constitutes a nuisance under the provisions of this chapter.

 

                    d.    state that the owner of the property shall remove or repair the said junk vehicle within ten days.

 

3‑8‑10          ABATEMENT BY MUNICIPALITY.  If the person notified to abate a nuisance or condition neglects or fails to abate as directed, the City may perform the required action to abate, keeping an accurate account of the expense incurred. The itemized expense account shall be filed with the City Clerk who shall pay such expenses on behalf of the municipality.

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

 

3‑8‑11          COLLECTION OF COST OF ABATEMENT.  The Clerk shall mail a statement of the total expense incurred to the property owner who has failed to abide by the notice to abate, and if the amount shown by the statement has not been paid within one month, the Clerk shall certify the costs to the County Treasurer and the costs shall then be collected with, and in the same manner, as general property taxes. 

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

 

3‑8‑12          EXCEPTIONS.  This chapter shall not apply to the following:

 

           1.      A vehicle in an enclosed building.

 

           2.      A vehicle on the premises of a business enterprise operated in a district properly zoned therefor, as authorized under the Zoning Ordinance or restricted residence district of this City, when necessary to the operation of said business enterprise.  

 

           3.      A vehicle in an appropriate storage space or depository maintained in a lawful place and lawful manner by this City.  

 

3‑8‑13          INTERFERENCE WITH ENFORCEMENT.  No person shall interfere in any way with the enforcement provision of this chapter. 

 


 

TITLE III  COMMUNITY PROTECTION

 

                                                                CHAPTER 9  LICENSING JUNK DEALERS

 


 

3-9-1  License Required

3-9-2  Definitions

3-9-3  Persons Entitled to be Licensed

3-9-4  License Fee

3-9-5  Power to Investigate and Inspect


 

3-9-6  Revocation of License

3-9-7  Transfer Prohibited

3-9-8            Requirements and Regulations

3-9-9            Abatement


 

 

3-9-1            LICENSE REQUIRED. No person shall engage in the vocation of junk dealer in the City without having a license as herein provided.

 

3-9-2            DEFINITIONS.

 

           1.      “Junk Dealer” means any person engaged in the business of collecting, storing, buying or selling junk, including the activity known as auto salvage.

 

           2.      “Junk” means old or second hand vehicles, machinery, iron or other materials, rope, rags, glass, fabric, cordage, wood or paper not suitable for sale for the purpose for which the same was originally fabricated, but which is salvageable so as to be used again in some manner.

 

3-9-3            PERSONS ENTITLED TO BE LICENSED. Any person who satisfies the conditions prescribed for a license and satisfies the Council that said person’s operation does not and will not endanger the public welfare, order, safety, health or morals shall be entitled to a license upon filing of proper application and paying the fee required.

 

3-9-4            LICENSE FEE. The fee shall be fifty ($50.00) dollars per annum, and shall expire one year after date of issue.

 

3-9-5            POWER TO INVESTIGATE AND INSPECT. The Clerk or designated representative of the City shall have the power to inspect and investigate the conduct of the occupation licensed or to be licensed hereunder.

 

3-9-6            REVOCATION OF LICENSE. The Council, after giving a licensee reasonable notice and a fair hearing, may revoke any license issued hereunder for the following reasons:

 

           1.      The licensee has made fraudulent statements in the application for the license or in the conduct of business.

 

           2.      The licensee has violated this section or has other wise conducted business in an unlawful manner.

 

           3.      The licensee has conducted business in a manner which endangered the public welfare, order, safety, health or morals.

 

The notice shall be served in accordance with the provisions listed in this code.

 

3-9-7            TRANSFER PROHIBITED. In no case shall a license issued hereunder be transferable to another person or be used for purposes other than that for which it was issued.

 

3-9-8            REQUIREMENTS AND REGULATIONS. Applicants for a license hereunder shall comply with the following requirements and regulations:

 

           1.      A junk dealer shall not purchase or receive junk from a minor unless the dealer first receives the written consent of a parent or guardian of the minor.

 

           2.      In order to discover stolen property, police officers shall be permitted to inspect the junk dealer’s yard, store or establishment at all reasonable hours.

 

           3.      The County health officer shall be permitted at all times reasonable to inspect the junk dealer’s premises for the existence of materials or conditions dangerous to the public health.

 

           4.      All junk yards shall be enclosed within a solid fence at least eight (8) feet in height, which fence shall be painted white. Materials within the yard shall not be stacked higher than the surrounding fence. Any gates in said fence must be of solid material and of equal height.

 

           5.      The burning of materials giving off offensive odors or smoke in quantities which are objectionable is prohibited.

 

           6.      The business of junk dealer must be approved by the Council only after public notice of intent to approve such license has been published thirty days prior to Council approval.

 

3-9-9 ABATEMENT. Any building or land used in violation of the provisions of this section shall constitute a nuisance and may be abated in accordance with the provisions of this code.


 

                                                                    TITLE III  COMMUNITY PROTECTION

 

                                                                            CHAPTER 10  DANCE HALLS

 


 

3-10-1          Definitions

3-10-2          License   

3-10-3          Granting of License

3-10-4          Minors

3-10-5          Dancing Authorized


 

3-10-6          Floor Space

3-10-7         Hours of Closing

3-10-8         Offenses

                   

                   


 

 

 

3-10-1          DEFINITIONS. Terms used in this section have the following meanings:

 

           1.      “Public Dance Hall” means any place open to the public where dancing is allowed for public participation. Any dance conducted by any incorporated fraternal, patriotic, or religious organization, strictly for its own members, shall be exempt from the provisions of this section. Also, any dance conducted by the volunteer fire department shall be exempt from the provisions of this section.

 

           2.      “Public Dance” means a dance which is or may be attended or patronized by the public in a public dance hall

 

3-10-2          LICENSE. No person shall operate a public dance hall  or carry on or give a public dance without a license from the City Council.

 

3-10-3          GRANTING LICENSE. If the application for a license is deemed appropriate by the City Council, the Council shall, within a reasonable time, issue a license to such applicant. No license shall be issued if in the judgment of the Council the granting of such license will be detrimental to the public health, peace, safety, morals or welfare or if it would likely to lead to the violation of any laws or Ordinances or to provoke a breach of the peace.

 

3-10-4          MINORS.

 

           1.      No person conducting a public dance hall shall permit any person under the age of 16 years to enter or be in the dance hall unless accompanied by a parent or guardian.

 

           2.      The City Council may issue a special permit to any person conducting a public dance hall where no alcoholic beverages are served to give teenage dances which persons under the age of 16 years may attend and participate in. The special permit shall contain such as age limitations, hours of operation and other rules and regulations in which the Council deems necessary.

 

3-10-5          DANCING AUTHORIZED. The holders of class “B” beer permits are hereby permitted to allow dancing in connection with the operation of their beer business, provided they fully comply with the provisions of this section.

 

3-10-6          FLOOR SPACE.

          

           1.      A public dance floor area shall contain a minimum dance floor area of 500 square feet, and shall be not less than 15 feet in any one direction. The dance floor area shall be located in one room and on one level and shall be maintained and used exclusively for dancing during a public dance and shall be located in the same or adjacent room to and opening directly from the place where beer is dispensed and with a full view at all times of the dance floor from the place where beer is dispensed. The floor space used for dancing shall not be obstructed or crossed in any part or portion by partitions or other obstructions of any kind except necessary structural posts, pillars or similar supports.

 

3-10-7          HOURS OF CLOSING. No public dance hall shall remain open to the public later than 1:00 a.m. on any day. No dancing shall be permitted between the hours of 2:00 a.m. and 10:00 a.m. in any place of business where alcoholic beverages are sold, offered for sale, served or dispensed.

 

3-10-8          OFFENSES. It is unlawful to allow, commit or permit any disorderly, indecent, immoral, or obscene language or actions at a public dance hall, and should such offenses occur, the dance hall may be closed by the Police Chief or Jones County Sheriff and the license shall be forfeited.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TITLE III COMMUNITY PROTECTION                                   

 

CHAPTER 11 REGISTRY OF DRUG PRECURSOR SALES

 

3-11-1        Purpose

3-11-2        Items Declared to be Controlled Substance Precursers

3-11-3        Violations.

 

3-11-1     PURPOSE. The City of Oxford Junction has received information that numerous individuals are purchasing certain precursor drugs over the open market for the manufacturing of methamphetamine. Certain substances containing precursors are marketed on the retail market. The illegal use of methamphetamine has reached epidemic proportions. The use of methamphetamine causes an increase of crime, mental illness, and behavior contrary to the best interest of citizens, the City of Oxford Junction hereby adopts the following ordinance.

 

3-11-2     ITEMS DECLARED TO BE  CONTROLLED SUBSTANCE PRESCURSERS. The City of Oxford Junction declares that any product containing the following items to be controlled substance precursors:

           

            1.     Muriatic acid.

           

            2.     Pseudoephedrine.

           

            3.     Anhydrous ammonia.

           

            4.     Red phosphorus.

           

            5.     Substances containing lithium.

           

            6.     Ether.

           

            7.     Ephedrine.

           

                All persons and/or businesses selling, transferring or otherwise passing for consideration any substances containing the above described controlled substance precursors, and shall require the purchaser or person receiving said substance to provide their name, address, telephone number and produce photo identification and said information shall be kept in a log that shall be accessible to any law enforcement officer upon request.

 

                This ordinance shall not apply to individuals who purchase one pre-packaged unit of substances containing pseudo ephedrine.  If the person or business transferring the substances chooses, however, to request and require registration of the purchaser of only one package unit pseudo ephedrine, said business or person shall be authorized to do so, pursuant to the terms of this ordinance.

 

3-11-3     VIOLATIONS. Any person or business violating this ordinance shall be committing municipal infraction punishable by up to $500.00 fine per occurrence or punishable by any other injunctive remedies that the court may impose, pursuant to Iowa’s municipal infraction authority.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TITLE III COMMUNITY PROTECTION                                   

 

CHAPTER 12 SEX OFFENDER RESTRICTED RESIDENCY

 

3-12-1 PURPOSE.  The purpose of this Ordinance is to provide for the safety and well being of all citizens of Oxford Junction.

 

3-12-2 DEFINITIONS.   For the purpose of this ordinance the following shall be defined as shown herein:

               

1.             “Sex Offender” – A person who has been convicted of a criminal offense against a minor, or an aggravated offense, sexually violent offense, or other relevant offense that involved a minor as set out in Chapter 692A of the Code of Iowa, including all offenses as defined in Chapter 692A.1, 692A.5, 692A.9, 692A.10 and 692A.11 of the Code of Iowa.

               

2.             “Public Park” – any area of land owned by the City of Oxford Junction, Jones County, the State of Iowa, or any other non-profit entity set apart for the recreation of the public.

               

3.             “Public Playground” – Any area of land owned by the City of Oxford Junction, Jones County, the State of Iowa, or any other non-profit entity used for public outdoor games and recreation.

 

3-12-3 RESIDENCY RESTRICTED.  A Sex Offender shall not reside within two thousand feet (2000’) of the real property comprising a public park or public playground.

 

3-12-4 MUNICIPAL INFRACTION. A Sex Offender who resides within two thousand feet (2000’) of the real property comprising a public park or public playground commits a Municipal Infraction, subject to penalty as set out in Chapter 3 of the Oxford Junction Code of Ordinances.

 

2-12-5 EXCEPTIONS. A sex offender residing within two thousand feet of the real property comprising a public park or public playground does not commit a violation of this Ordinance if any of the following apply:

 

1.             The Sex Offender is required to serve at a jail, prison, juvenile facility, or other correctional institution or facility.

 

2.             The Sex Offender is subject to an order of commitment under Chapter 229A of the Code of Iowa.

 

3.             The Sex Offender has established a residence prior to __________________, the effective date of this ordinance.

 

4.             The Sex Offender is a minor or a ward under guardianship.


 

                                                             TITLE IV  MENTAL AND PHYSICAL HEALTH

 

                                                                        CHAPTER 1  ANIMAL CONTROL

 


 

4-1-1           Definitions

4-1-2           License

4-1-3           Immunization

4-1-4           At Large Prohibited

4-1-5           Animal Nuisances


 

4-1-6           Impounding

4-1-7           Cruelty to Animals

4-1-8           Exhibitions and Fights

4-1-9           Dangerous Animals

4-1-10         Keeping a Vicious Dog or Cat


 

 

4‑1‑1            DEFINITIONS.  For use in this chapter the following terms are defined as follows:

 

           1.      The term "dogs" shall mean both male and female animals of the canine species whether altered or not.

 

           2.      The term "at large" shall mean any licensed or unlicensed animal found off the premises of the owner and not under the control of a competent person, restrained within a motor vehicle,  housed in a veterinary hospital or kennel, on a leash or "at heel" beside a competent person and obedient to that person's command.

 

           3.      The term "owner" shall mean any person or persons, firm, association or corporation owning, keeping, sheltering or harboring an animal.

                                                                                                    (Code of Iowa, Sec. 351.2)

 

4‑1‑2            LICENSE.  Every owner of a dog over the age of four (4) months shall procure a dog license from the City Clerk-Treasurer on or before the first day of January of each year. The annual license fee shall be $5.00 for each dog, as set by resolution of the Council.

 

Upon payment of the license fee, the City Clerk-Treasurer shall issue to the owner a license which shall contain the name of the owner, the owner's place of residence and a description of the dog. The City Clerk shall keep a duplicate of each license issued as a public record.

 

Upon issuance of the license, the City Clerk shall deliver to the owner a metal tag stamped with the number of the license and the year for which it is issued. The license tag shall be securely fastened to a collar or harness which shall be worn by the dog for which the license is issued.

 

Any dog found running at large without the license tag attached to its collar or harness shall be deemed unlicensed.

                                                                                                    (Code of Iowa, Sec. 351)

 

4‑1‑3            IMMUNIZATION.  All dogs six (6) months or older shall be vaccinated against rabies.  Before issuance of the license the owner shall furnish a veterinarian's certificate showing that the dog for which the license is sought has been vaccinated, and that the vaccination does not expire within six (6) months from the effective date of the dog license. It shall be a violation of this Ordinance for any dog to not be vaccinated against rabies. A tag showing evidence of proper vaccination shall be worn by every dog when not confined.

                                                                                                    (Code of Iowa, Sec. 351.33 and 351.34)

 

4‑1‑4            AT LARGE PROHIBITED.  No owner or person having custody of an animal shall permit such animal to run at large.

                                                                                                    (Code of Iowa, Sec. 351.41)

 

4‑1‑5            ANIMAL NUISANCES.  It shall be unlawful for any person to permit an animal under such person's control or within such person's custody to commit a nuisance. An animal shall be considered a nuisance if it:

 

           1.      Damages, soils, defiles or defecates on private property other than the owner's or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the owner.

          

           2.      Causes unsanitary, dangerous or offensive conditions.

 

           3.      Causes a disturbance by excessive barking or other noisemaking or chases vehicles, or molests, attacks or interferes with persons or other domestic animals on public property.

                                                                                                    (Code of Iowa, Sec. 657.1)

 

4‑1‑6            IMPOUNDING.

 

           1.      Any unlicensed or unvaccinated dog found at large or any licensed dog found at large in violation of Sections 4‑1‑3 and 4‑1‑4 of this chapter shall be seized and impounded, or, at the discretion of the Mayor, the owner may be served a summons to appear before a proper court to answer charges made thereunder.

 

           2.      Owners of licensed dogs shall be notified within two (2) days that upon payment of impounding fees which is set be resolution of the Council and includes the impounding fee, cost of food and care in a reasonable amount, the dog will be returned. If the impounded licensed dogs are not recovered by their owners within seven (7) days after notice, the dogs shall be disposed of in a humane manner as directed by the City Council.

 

           3.      Impounded unlicensed dogs may be recovered by the owner, upon proper identification, by payment of the license fee, impounding fee and boarding costs, and the costs of vaccination if vaccination is required by Section 4‑1‑3. If such dogs are not claimed within seven (7) days after notice, they shall be disposed of in a humane manner as directed by the City Council.

                                                                                                    (Code of Iowa, Sec. 351.37)

 

4-1-7            CRUELTY TO ANIMALS.  No person shall torture, torment, mutilate, cruelly beat, or cruelly kill any animal, or unnecessarily fail to provide the same with proper food, shelter, protection from the weather, or drive or work the same when unfit for labor, or cruelly abandon the same or cause the same to be cruelly carried on any vehicle or otherwise; or commit any other act or omission by which unjustifiable pain, distress, suffering or death is caused or permitted to any animal or animals, whether the acts or omissions herein contemplated are committed either maliciously, willfully or negligently.

                                                                                                    (Code of Iowa, Sec. 712.2)

 

4-1-8            EXHIBITIONS AND FIGHTS.  No person shall arrange, promote, or stage an exhibition at which any animal is tormented, beat, injured, or killed, or any fight between animals or between a person and an animal, or shall keep a place where such exhibitions and fights are staged for the entertainment of spectators.

 

4-1-9            DANGEROUS ANIMALS.

 

           1.      Dangerous Animals Prohibited. No person shall keep, shelter, or harbor for any purpose within the City limits, a dangerous animal.

 

           2.      Definitions. A dangerous animal is:

 

                    a.     Any animal which is not naturally tame or gentle, and which is of a wild nature or disposition, and which is capable of killing, inflicting serious injury upon, or causing disease among human beings or domestic animals, and having known tendencies as a species to do so.

 

                    b.    The following are animals which shall be deemed to be dangerous animals per se:

 

                            (1)      Lions, tigers, jaguars, leopards, cougars, lynx, and bobcats;

 

                            (2)      Wolves, coyotes, and foxes;

 

                            (3)      Badgers, wolverines, weasels, skunks and mink;

                           

                            (4)      Raccoons;

 

                            (5)      Bears;

 

                            (6)      Monkeys, chimpanzees, and apes;

                           

                            (7)      Alligators and crocodiles;

 

                            (8)      Scorpions; gila monsters;

 

                            (9)      Snakes that are venomous or constrictors;

 

                            (10)    Staffordshire terriers - known as pit bulls;

 

                            (11)    Any cross breed of such animals which have similar characteristics of the animals specified above.

 

                    c.     Any animals declared to be dangerous by the City Council.

 

           3.      Dangerous Animals Exceptions. The keeping of dangerous animals shall not be prohibited in the following circumstances:

 

                    a.     The keeping of dangerous animals in a public zoo, bona fide educational or medical institution, humane society, or museum where they are kept as live specimens for the public to view, or for the purpose of instruction, research or study, and has obtained the written approval of the City Council.

 

4-1-10          KEEPING A VICIOUS DOG OR CAT.  It shall be unlawful for any person or persons to harbor or keep a vicious dog or cat within the City. A vicious cat or dog is deemed so when it shall have attacked or bitten any person (without provocation), or when the propensity to attack or bite persons shall exist and such propensity is known or ought reasonably be known to the owner thereof.


 

                                           TITLE V  HUMAN DEVELOPMENT - EDUCATION AND CULTURE

 

                                                                        CHAPTER 1  LIBRARY SERVICES

 


 

5-1-1            Public Library

5-1-2            Library Trustees

5-1-3            Qualifications of Trustees

5-1-4            Organization of the Board

5-1-5            Powers and Duties


 

5-1-6           Power to Contract with Others for

                    the Use of the Library

5-1-7           Non-Resident Use of the Library

5-1-8           Library Accounts

5-1-9           Annual Report


 

 

5‑1‑1            PUBLIC LIBRARY.  There is hereby established a free public library for the City, to be known as the Wregie Memorial Library.

 

5‑1‑2            LIBRARY TRUSTEES.  The board of trustees of the Wregie Memorial Library, hereinafter referred to as the board, consists of 5 members. All board members shall be appointed by the Mayor and approved by the City Council.

                                                                                                    (Code of Iowa, Sec. 392.5)

 

5‑1‑3            QUALIFICATIONS OF TRUSTEES. Four (4) of the five (5) members of the board shall be bona fide citizens and residents of the City and all shall be over the age of eighteen (18). The remaining member must be a non-resident of the City and shall be over the age of eighteen (18).

 

5‑1‑4            ORGANIZATION OF THE BOARD.

 

           1.      Terms of office. All appointments to the board shall be for six (6) years, except to fill vacancies. Each term shall commence on July first. Appointments shall be made every two (2) years of one‑third the total number as near as possible, to stagger the terms.

 

           2.      Vacancies.  The position of any trustee shall be declared vacant if said trustee moves permanently from the City or if said trustee is absent from six (6) regular meetings of the board within one year, except in the case of sickness or temporary absence from the City. Vacancies in the board shall be filled by the City Council, and the new trustee shall fill out the unexpired term for which the appointment is made.

 

           3.      Compensation.  Trustees shall receive no compensation for their services.

 

5‑1‑5            POWERS AND DUTIES.  The board shall have and exercise the following powers and duties:

 

           1.      To meet and elect from its members a president, a secretary, and such other officers as it deems necessary.

 

           2.      To have charge, control and supervision of the public library, its appurtenances, fixtures and rooms containing the same.

 

           3.      To direct and control all the affairs of the library.

 

           4.      To employ a librarian, and authorize the librarian to employ such assistants and employees as may be necessary for the proper management of the library, and fix their compensation; provided, however, that prior to such employment, the compensation of the librarian, assistants and employees shall have been fixed and approved by a majority of the members of the board voting in favor thereof.

 

           5.      To remove by a two‑thirds vote of the board the librarian and provide procedures for the removal of assistants or employees for misdemeanor, incompetency or inattention to duty, subject, however, to the provisions of Chapter 35C, Code of Iowa.

          

           6.      To select, or authorize the librarian to select, and make purchases of books, pamphlets, magazines, periodicals, papers, maps, journals, other library materials, furniture, fixtures, stationery and supplies for the library within budgetary limits set by the board.

           7.      To authorize the use of the library by non‑residents of the City and to fix charges therefor.

 

           8.      To make and adopt, amend, modify or repeal rules and regulations, not inconsistent with Ordinances and the law, for the care, use, government and management of the library and the business of the board, fixing and enforcing penalties for violations.

 

           9.      To have exclusive control of the expenditure of all funds allocated for library purposes by the City Council, and of all monies available by gift or otherwise for the erection of library buildings, and of all other monies belonging to the library including fines and rentals collected, under the rules of the board.

 

           10.    To accept gifts of real property, personal property, or mixed property, and devises and bequests, including trust funds; to take the title to said property in the name of the library; to execute deeds and bills of sale for the conveyance of said property; and to expend the funds received by them from such gifts, for the improvement of the library.

                                                                                                    (Code of Iowa, Sec. 392.5)

 

           11.    To keep a record of its proceedings.

 

           12.    To enforce the performance of conditions of gifts, donations, devises and bequests accepted by the City. The board shall enforce performance by taking action against the City Council.

 

           13.    To have authority to make agreements with the local County historical associations, where such exists, and to set apart the necessary room and to care for such articles as may come into the possession of the association.  The trustees are further authorized to purchase necessary receptacles and materials for the preservation and protection of such articles as are in their judgment of a historical and educational nature and pay for the same out of funds allocated for library purposes.

 

5‑1‑6            POWER TO CONTRACT WITH OTHERS FOR THE USE OF THE LIBRARY.

 

           1.      Contracting.  The board may contract with any other boards of trustees of free public libraries, any other City, school corporation, private or semi‑private organization, institution of higher learning, township, or County, or with the trustees of any County library district for the use of the library by their respective residents.

                                                                                                    (Code of Iowa, Sec. 336.18(1))

          

           2.      Termination.  Such a contract may be terminated at any time by mutual consent of the contracting parties.  It also may be terminated by a majority vote of the electors represented by either of the contracting parties. Such a termination proposition shall be submitted to the electors by the governing body of a contracting party on a written petition of not less than five (5) percent in number of electors who voted for governor in the territory of the party at the last general election.  The petition must be presented to the governing body not less than forty (40) days before the election. The proposition may be submitted at any election provided by law that is held in the territory of the party who is seeking to terminate the contract.

                                                                                                    (Code of Iowa, Sec. 336.18(2)(a and b))

 

5‑1‑7            NON‑RESIDENT USE OF THE LIBRARY.  The board may authorize the use of the library by non‑residents in any one or more of the following ways:

 

           1.      By lending the books or other materials of the library to non‑residents on the same terms and conditions as to residents of the City, or upon payment of a special non‑resident library fee.

 

           2.      By establishing depositories of library books or other materials to be loaned to non‑residents.

          

           3.      By establishing bookmobiles or a traveling library so that books or other library materials may be loaned to non‑residents.

 

           4.      By establishing branch libraries for lending books or other library materials to non‑residents.

 

5‑1‑8            LIBRARY ACCOUNTS. All money appropriated by the City Council from the general fund for the operation and maintenance of the library shall be set aside in an account for the library. Expenditures shall be paid for only on orders of the board, signed by its president and secretary. The warrant writing officer is the City Clerk.

 

5‑1‑9            ANNUAL REPORT.  The board shall make a report to the City Council immediately after the close of the municipal fiscal year. This report shall contain statements of the condition of the library, the number of books added thereto, the number circulated, the amount of funds collected, and the amount of money expended in the maintenance of the library during the year, together with such further information required by the City Council.

 

Editor's Notes:  The Council may retain the power to hire, discharge, set salaries, expend funds unless the library board was in existence prior to July 1, 1974.  (See Sections 5-1-5(4), 5‑1‑5(5), 5-1-5(9) and 5-1-8.)

 

Any proposal to alter the composition, manner of selection, or charge of a library board, or to replace it with an alternate form of administrative agency, is subject to the approval of the voters of the City.  See Code of Iowa, Sec. 392.5


 

                                                                    TITLE VI  PHYSICAL ENVIRONMENT

 

                                                               CHAPTER 1  MOBILE HOME REGULATION

 


 

4-1-1            Definitions

4-1-2            Permits for Location of Mobile

                    Homes Outside Mobile Home Parks

4-1-3            Emergency and Temporary Parking

                   


 

4-1-4          Traffic Code Applicable

4-1-5           Building Requirements

4-1-6           Mobile Home Hookups


 

4-1-1            DEFINITIONS.  For use in this chapter the following terms are defined as follows:

 

1.      "Mobile home" means any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed, or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons; but shall also include any such vehicle with motive power not registered as a motor vehicle in Iowa.  A "mobile home" is not built to a mandatory building code, contains no State or federal seals, and was built before June 15, 1976.

(Code of Iowa, Sec. 435.1(4))

 

2.      "Mobile home park" shall mean any site, lot, field or tract of land upon which three or more occupied mobile homes, manufactured homes, or modular homes or a combination of any of these homes are placed on developed spaces and operated as a for-profit enterprise with water, sewer or septic, and electrical services available.

(Code of Iowa, Sec. 435.1(5))

 

4-1-2            PERMITS FOR LOCATION OF MOBILE HOMES OUTSIDE MOBILE HOME PARKS.  The City Council, upon application of a mobile/modular home owner, may grant a permit for a mobile or modular home to be located outside mobile home parks.  The City Council shall issue such permits when it appears that location within local mobile home park is impracticable or impossible and public health, safety, and welfare interests will not be seriously affected by granting the permit. Application for the permit shall include:

 

1.      A statement concerning the practicability of location within a local mobile home park.

 

2.      A description of sanitation facilities contained within the mobile home and those facilities available at the proposed location.

 

4-1-3            EMERGENCY AND TEMPORARY PARKING.  Emergency or temporary parking of mobile homes upon the streets, alleys, or highways, or any other public or private place for a period not in excess of seven days shall not constitute a violation of 4-1-2, but such parking shall be subject to any prohibitions or regulations contained in other Ordinances of this City.

 

4-1-4            TRAFFIC CODE APPLICABLE.  The owner of a mobile home park may elect to have City traffic provisions of the City Code apply to real property in the mobile home park and any person located on the real property.  The owner of a mobile home park may waive this right by filing a waiver with the County Recorder.

 

4-1-5            BUILDING REQUIREMENTS.  All mobile homes, modular homes and factory built homes as defined in the Iowa Code located outside a mobile home park shall comply with all Ordinances relating to residences or homes in the community and shall be affixed to a permanent perimeter foundation constructed of cement, concrete blocks with mortar or other permanent material approved by the City Council.  All foundations shall have footings that extend below the frost line.

(Code of Iowa, Sec. 435.26)

 

4-1-6            MOBILE HOME HOOKUPS.  A mobile home dealer or an employee of a mobile home dealer may perform water, gas, electrical, and other utility service connections in a mobile home space, or within ten feet of such space, located in a mobile home park, and the dealer or an employee of the dealer may install a tie-down system on a mobile home located in a mobile home park.  The connections are subject to inspection and approval by city officials and the mobile home dealer shall pay an inspection fee set by resolution of the Council.  No additional permits shall be required.

(Code of Iowa, Sec. 322B.3)


 

                                                                    TITLE VI  PHYSICAL ENVIRONMENT

 

                                                             CHAPTER 2  UTILITIES - SANITARY SYSTEM

 


 

6-2-1            Definitions

6-2-2            Use of Public Sewers Required

6-2-3            Private Sewage Disposal

6-2-4            Building Sewers and Connections

6-2-5           Use of the Public Sewers
6-2-6           Protection from Damage

6-2-7           Powers and Authority to Inspectors

6-2-8           Penalties

6-2-9           Responsibilities of Homeowners


 

 

6‑2‑1            DEFINITIONS.  Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows:

 

           1.      "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 C, expressed in milligrams per liter or parts per million.

 

           2.      "Building Drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (l.5 meters) outside the inner face of the building wall.

                                                                                                    (IAC 567-69.3(1))

 

           3.      "Building Sewer" shall mean the extension from the building drain to the public sewer or other place of disposal.

                                                                                                    (IAC 567-69.3(1))

 

           4.      "Combined Sewer" shall mean a sewer receiving both surface runoff and sewage.

 

           5.      "Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sales of produce.

 

           6.      "Industrial Wastes" shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

 

           7.      "Natural Outlet" shall mean any outlet into watercourse, pond, ditch, or other body of surface or groundwater.

 

           8.      "Person" shall mean any individual, firm, company, association, society, corporation, or group.

 

           9.      "pH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

 

           10.    "Properly Shredded Garbage" shall mean the waste from the preparation, cooking, dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one‑half (l/2) inch (l.27 centimeters) in any dimension.

 

           11.    "Public Sewer" shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

 

           12.    "Sanitary Sewer" shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.

 

           13.    "Sewage" shall mean a combination of the water‑carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present.  

 

           14.    "Sewage Treatment Plant" shall mean any arrangement of devices and structures used for treating sewage.

          

           15.    "Sewage Works" shall mean all facilities for collecting, pumping, treating, and disposing of sewage.

          

           16.    "Sewer" shall mean a pipe or conduit for carrying sewage.

 

           17.    "Slug" shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty‑four (24) hour concentration of flows during normal operation.

 

           18.    "Storm Drain" (sometimes termed "storm sewer") shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes other than unpolluted cooling water.

 

           19.    "Superintendent" shall mean the Superintendent of Public Utilities of the City of Oxford Junction or the Superintendent's authorized deputy, agent, or representative.

 

           20.    "Suspended Solids" shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.

 

           21.    "Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently.

 

6‑2‑2            USE OF PUBLIC SEWERS REQUIRED.

 

           1.      It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City or in any area under the jurisdiction of said City, any human or animal excrement, garbage, or other objectionable waste.

 

           2.      It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Ordinance.

                                                                                                    (Code of Iowa, Sec. 364.12(3)(f))

 

           3.      Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.

 

           4.      The owner of any house, building, or property used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any street, alley, or right‑of‑way in which there is now located or may in the future be located a public sanitary or combined sewer of the City, is hereby required at such owner's expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Ordinance, provided that said public sewer is within one hundred fifty (150) feet of the property line.  Billing for sanitary sewer service shall begin the date of official notice to connect to the public sewer.

                                                                                                    (Code of Iowa, Sec. 364.12(3)(f))

                                                                                                    (IAC 567-69.3(3))

 

6‑2‑3            PRIVATE SEWAGE DISPOSAL.

 

           1.      Where a public sanitary or combined sewer is not available under the provision of Section 6‑2‑2(4), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.

 

           2.      Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the Superintendent. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Superintendent.  A permit and inspection fee of $25.00 dollars shall be paid to the City at the time the application is filed.

 

           3.      A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. The Superintendent shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 72 hours of the receipt of notice by the Superintendent.

 

           4.      The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Natural Resources of the State of Iowa and the County Health Department. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 15,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

 

           5.      At such times as a public sewer becomes available to a property served by a private sewage disposal system, as provided in 6‑2‑2(4), a direct connection shall be made to the public sewer in compliance with this Ordinance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.

                                                                                                    (Code of Iowa, Sec. 364.12(3)(f))

 

           6.      The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City.

          

           7.      No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the County Health Officer.

 

           8.      When a public sewer becomes available, the building sewer shall be connected at the building owner's expense, to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.

                                                                                                    (Code of Iowa, Sec. 364.12(3)(f))

 

6‑2‑4            BUILDING SEWERS AND CONNECTIONS.

 

           1.      No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent.

 

           2.      There shall be two (2) classes of building sewer permits: (a) for residential and commercial service, and (b) for service to establishments producing industrial wastes. In either case, the owner or the owner's agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Superintendent. A permit and inspection fee will be set by Council resolution and the permit shall be paid to the City at the time the application is filed.

 

Before a permit may be issued for excavating for plumbing in any public street, way or alley, the person applying for such permit shall have executed unto the City of Oxford Junction and deposited with the City Clerk a corporate surety in the sum of five thousand dollars ($5,000.00) conditioned that the applicant will perform faithfully all work with due care and skill, and in accordance with the laws, rules and regulations established under the authority of any Ordinances of the City of Oxford Junction pertaining to plumbing. This bond shall state that the person will indemnify and save harmless the City of Oxford Junction and the owner of the premises against all damages, costs, expenses, outlay and claims of every nature and kind arising out of unskillfulness or negligence on the applicant's part in connection with plumbing or excavating for plumbing as prescribed in this Ordinance. Such bond shall remain in force and must be executed for a period of two (2) years except that on such expiration it shall remain in force as to all penalties, claims and demands that may have accrued thereunder prior to such expiration.

 

           3.      All cost and expense incident to the installation and connection of the building sewer shall be borne by the owner.  The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

          

           4.      A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

           5.      Old building sewers may be used in connection with new building sewers only when they are found, upon examination and testing by the Superintendent, to meet all requirements of this Ordinance. The Superintendent may require that the old sewer be excavated for the purpose of facilitating inspection. No old cesspool or septic tank shall be connected to any portion of a building sewer that is also connected to the public sewer. Cesspools and septic tanks shall be located, and drained in a manner approved by the Superintendent and removed or filled with sand, crushed rock or any other solid material approved by the Superintendent, except as exempted by the Superintendent.

 

           6.      The building sewer shall be constructed in accordance with applicable portions of the last published (State Plumbing Code of Iowa), applicable specifications of the American Society for Testing and Materials (ASTM) and applicable portions of the Water Pollution Control Federation (WPCF) Manual of Practice No. 9."

 

                    a.     Each connection to the public sewer shall be made to the fittings designated for that property. If a fitting in the public sewer is not available for the designated property, the connection shall then be made under the direct supervision of the Superintendent. Connections to the public sewer not made to an existing wye or tee shall be made by a hole cutter or careful chisel cutting. The connection shall be rendered water and gas tight, by use of rubber gaskets. The building sewer shall not protrude into the public sewer.

 

                    b.    All building sewers shall be constructed of the following materials conforming to the indicated standards:

                                                                                    Vitrified Clay Pipe VCP

 

                            (1)      Pipe and Fittings ‑ ASTM C‑700 "Standard Specification or Vitrified Clay Pipe, Extra Strength, Standard Strength and Perforated."

 

                            (2)      Coupling and Joints ‑ ASTM C‑425 "Standard Specification for Compression Joints for Vitrified Clay Pipe and Fittings".

                                                                             Extra Heavy Cast Iron Soil Pipe

 

                            (1)      Pipe and Fittings ‑ ASTM A‑74 "Standard Specification for Cast Iron Soil Pipe and Fittings."

 

                            (2)      Joints ‑ ASTM C‑564 "Standard Specification for Rubber Gaskets for Cast Iron Soil Pipe and Fittings."

                                                                                  Polyvinyl Chloride (PVC)

 

                            Polyvinyl Chloride (PVC) and joints shall be installed according to the manufacturers' recommendations and shall conform to:

 

                            (1)      Pipe ‑ A.S.T.M. D‑3034, "Type P.S.M. Poly (PVC) and Fittings."

 

                            Minimum wall thickness:

 

                            4" ‑  0.125"

                            6" ‑  0.180"

                            8" ‑  0.240"

                            10" ‑ 0.300"

 

                            (2)      Joints ‑ A.S.T.M. D‑1869, A.S.T.M. D‑1312, "Flexible Elastomeric Seals."

                   

                    c.     No building sewer for residential or commercial buildings shall be less than four inches in diameter. No building sewer for industries or multiple dwellings shall be less than six inches in diameter.

 

                    d.    Unless otherwise authorized, all building sewers shall have a grade of not less than one ‑ eighth (1/8) inch per foot. A grade of one‑fourth (1/4) inch per foot shall be used wherever practical.

 

                    e.     All excavation shall be open trench work unless authorized by the Superintendent. The foundation in the trench shall be formed to prevent any subsequent settlement of the pipes. If the foundation is good firm earth, the earth shall be pared or molded to give a full support to the lower quadrant of each pipe. Bell holes shall be dug. Where the floor of the trench is of hard or rocky material, the trench shall be excavated to four inches below the pipe and brought back to the proper grade with gravel, course sand or similar material so as to provide a firm foundation and uniform support for the building sewer line. Backfilling shall be placed in layers and solidly tamped or packed up to two feet above the pipe.  Back‑filling shall not be done until final inspection is made by the Superintendent. Building sewers shall be laid straight at uniform grade between connections or fittings.

 

                    f.     Cleanouts shall be provided for each change in direction or grade if the change exceeds 45 degrees and at least every 100 feet.

 

           7.      Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. The depth shall be sufficient to afford protection from frost. All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the said Superintendent. Pipe laying and backfill shall be performed in accordance with A.S.T.M. Specification (Designation C12). No backfill shall be placed until the work has been inspected by the Superintendent or the Superintendent's representative. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

 

           8.      No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

 

           9.      The connection of the building sewer into the public sewer shall conform to the requirements of the Plumbing Code or other applicable rules and regulations of the City, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9.  All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.

 

           10.    Each and every part of the building sewer shall be inspected and approved by the Superintendent before being concealed or back‑filled. The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent or the Superintendent's representative.

 

           11.    All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.

 

           12.    The City shall, in no event, be held responsible for claims made against it by reason of the breaking of any mains or service pipes, or by reason of any other interruption of the service caused by the breaking of machinery or stoppage for necessary repairs; and no person shall be entitled to damages nor have any portion of a payment refunded for any interruption.

 

           13.    The premises receiving sanitary sewer service, shall at all reasonable hours, be subject to inspection by duly authorized personnel of the City.

          

           14.    The Owner of the property served by a building sewer shall be responsible for the operation, maintenance, repair, blockage, surface replacement, and any damage resulting from operation, maintenance repair and blockage of said building sewer, from the point of connection with the building drain to the Public Sewer.

 

6‑2‑5            USE OF THE PUBLIC SEWERS.

 

           1.      No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. Applications may be canceled and/or sewer service discontinued by the City for any violation of any rule, regulation or condition of service, and especially for any of the following reasons:

                    a.     Misrepresented in the application as to the property or fixtures to be serviced by the sanitary sewer system.

 

                    b.    Non‑payment of bills.

                   

                    c.     Improper or imperfect service pipes and fixtures, or failure to keep same in suitable state of repair.

 

           2.      Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Superintendent, to a storm sewer, combined sewer, or natural outlet.

 

           3.      No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

 

                    a.     Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

 

                    b.    Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/l as CN in the wastes as discharged to the public sewer.

 

                    c.     Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.

 

                    d.    Solid or viscous substances in quantities of such size capable of causing obstruction to the flow of sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

 

                    e.     Any water or wastes having  (l) a 5‑day bio‑chemical oxygen demand greater than 300 parts per million by weight, or  (2) containing more than 350 parts per million by weight, or suspended solids, or  (3) having an average daily flow greater than 2 percent of the average sewage flow of the City, shall be subject to the review of the Superintendent. Where necessary in the opinion of the Superintendent, the owner shall provide at the owner's expense, such preliminary treatment as may be necessary to  (l) reduce the biochemical oxygen demand to 300 parts per million by weight, or  (2) reduce the suspended solids to 350 parts per million by weight, or  (3) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Superintendent and no construction of such facilities shall be commenced until said approvals are obtained in writing.

 

           4.      No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance.  In forming an opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:

 

                    a.     Any liquid or vapor having a temperature higher than one hundred fifty (150) F (65 C).

 

                    b.    Any water or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty‑two (32) and one hundred fifty (150 F) (0 and 65  C).

 

                    c.     Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three‑fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Superintendent.

 

                    d.    Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.

                    e.     Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances, or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Superintendent for such materials.

 

                    f.     Any waters or wastes containing phenols or other taste‑or‑odor‑producing substances, in such concentrations exceeding limits which may be established by the Superintendent as necessary after treatment of the composite sewage, to meet with requirements of the State, Federal, or other public agencies with jurisdiction for such discharge to the receiving waters.

 

                    g.    Any radioactive wastes or isotopes of such half‑life or concentration as may exceed limits established by the Superintendent in compliance with applicable State or Federal regulations.

 

                    h.    Any waters or wastes having a pH in excess of 9.5.

 

                    i.      Materials which exert or cause:

 

                            (1) Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).

 

                            (2) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

 

                            (3) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

 

                            (4) Unusual volume of flow or concentration of waters constituting "slugs" as defined herein.

 

                    j.      Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

          

           5.      If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in 6‑2‑5(4), and which in the judgment of the Superintendent, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:

 

                    a.     Reject the wastes,

 

                    b.    Require pretreatment to an acceptable condition for discharge to the public sewers.

                   

                    c.     Require control over the quantities and rates of discharge, and/or 

 

                    d.    Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provision of 6‑2‑5(10) of this article.

 

If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent, and subject to the requirements of all applicable codes, Ordinances, and laws.

 

           6.      Grease, oil, and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units.  All interceptors shall be of a type and capacity approved by the Superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection.

 

           7.      Where preliminary treatment or flow‑equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at the owner's expense.

 

           8.      When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Superintendent.  The manhole shall be installed by the owner at the owner's expense, and shall be maintained by the owner so as to be safe and accessible at all times.

 

           9.      All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this Ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole.  In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.  Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a twenty‑four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24 hour composite of all outfalls where pH's are determined from periodic grab samples).

 

           10.    No statement contained in this article shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment, therefore, by the industrial concern.

 

6‑2‑6            PROTECTION FROM DAMAGE.

 

           1.      No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

                                                                                                    (Code of Iowa, Sec. 716.1)

 

6‑2‑7            POWERS AND AUTHORITY TO INSPECTORS.

 

           1.      The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this Ordinance. The Superintendent or the Superintendent's representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

 

           2.      While performing the necessary work on private properties referred to in 6‑2‑7(1), the Superintendent or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by the City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Section 6‑2‑5(8).

 

           3.      The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement.  All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

 

6‑2‑8            PENALTIES.

 

           1.      Any person found to be violating any provision of this Ordinance except Section 6‑2‑6 shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof.  The offender shall, within the period of time stated in such notice, permanently cease all violations.

 

           2       Any person violating any of the provisions of this Ordinance is liable to the City for any expense, loss, or damage occasioned the City by reason of such violations.

 

6-2-9           RESPONSIBILITIES OF HOMEOWNERS. The owner is responsible for the repair, installation, and cleaning of sewer line from city sewer main to the house. The homeowner is responsible for all materials used in these operations. The City is responsible for street and highway repairs to reconstruct damaged area caused by any of the above actions. Sidewalk reconstruction responsibility will be the following: the homeowner is responsible for the labor and the City will provide the cement. All work is to be done to the specification of Chapter 6-2-4 (e) of this Code.
                                                                    TITLE VI  PHYSICAL ENVIRONMENT

 

                                                                CHAPTER 3  UTILITIES - WATER SYSTEM

 


 

6-3-1            Enforcement

6-3-2            Adoption of State Plumbing Code

6-3-3            License Required

6-3-4            Mandatory Connections

6-3-5            Permit

6-3-6            Fee for Permit

                   
6-3-7           Water Supply Control

6-3-8           Making the Connection

6-3-9           Excavations

6-3-10         Inspection and Approval

6-3-11         Completion by the City

6-3-12         Property Owner’s Responsibility

6-3-13         Meter Accuracy and Test

6-3-14         Water Well Protection

6-3-15         Protection From Damage


 

 

6‑3‑1            ENFORCEMENT.  The Superintendent of public utilities shall supervise the installation of water service pipes and their connections to the water main and enforce all regulations pertaining to water services in this City in accordance with this chapter. This chapter shall apply to all replacements of existing service pipes as well as to new ones.  The City Council shall make such rules, not in conflict with the provisions of this chapter, as needed for the detailed operation of the waterworks. In the event of an emergency the Superintendent may make temporary rules for the protection of the system until due consideration by the City Council may be had. 

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

 

6‑3‑2            ADOPTION OF STATE PLUMBING CODE.  The installation of any water‑service pipe and any connection with the municipal water system shall comply with all pertinent and applicable provisions, whether regulatory, procedural or enforcement provisions, of the State Plumbing Code as amended and as published by the Iowa Department of Public Health, which is hereby adopted. An official copy of the State Plumbing Code as adopted and a certified copy of this Ordinance are on file in the office of the City Clerk for public inspection.

 

6‑3‑3            LICENSE REQUIRED.  All installation of water service pipes and connections to the municipal water system shall be made by a plumber licensed by this City.  The Council shall have the power to suspend the license of any plumber for violation of any of the provisions of this Ordinance. A suspension, unless revoked, shall continue until the next regular meeting of the City Council. The City shall notify the plumber immediately by personal written notice of the suspension, the reasons for the suspension, and the time and place of the City Council meeting at which the plumber will be granted a hearing. At this City Council meeting the Superintendent shall make a written report to the City Council stating the reasons for the suspension, and the City Council, after fair hearing, shall revoke the suspension or take any further action that is necessary and proper.

 

6‑3‑4            MANDATORY CONNECTIONS. All residences and business establishments within the City limits intended or used for human habitation, occupancy or use shall be connected to the public water supply if it is reasonably available and if the building is not furnished with pure and wholesome water from some other source.

 

6‑3‑5            PERMIT.  Before any person, firm, corporation or other association shall make a connection with the public water system, a written permit must be obtained from the City Council. The application for the permit shall be filed with the Superintendent on blanks furnished by the Council. The application shall include a legal description of the property, the name of the property owner, the name and address of the person who will do the work, and the general uses of the water.  No different or additional uses shall be allowed except by written permission of the Council. The Council shall issue the permit, bearing the Mayor's signature and stating the time of issuance, if the proposed work meets all the requirements of this Ordinance and if all fees required under this Ordinance have been paid. Work under any permit must be begun within six (6) months after it is issued. The Council may at any time revoke the permit for any violation of this Ordinance and require that the work be stopped. The owner or plumber may appeal such action in the manner provided in Section 6‑3‑3 of this Ordinance.

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

 

6‑3‑6            FEE FOR PERMIT.  Before any permit is issued the person who makes the application shall pay $50.00 to the Clerk to cover the cost of issuing the permit and supervising, regulating and inspecting the work. In addition, there will be a connection charge in the amount of $35.00 to be paid before issuance of a permit to reimburse the City for costs borne by the City in making water services available to the property served.

 

6‑3‑7            WATER SUPPLY CONTROL.  The plumber who makes the connection to the municipal water system shall install a main shut‑off valve of the inverted key type on the water‑service pipe near the curb with a suitable lock of a pattern approved by the Superintendent. The shut‑off valve shall be covered with a heavy metal cover having the letter "W" marked thereon, visible and even with the pavement or ground.

 

The plumber also shall install a shut‑off valve and waste cock on every service pipe inside the building near the entrance of the water‑service pipe into the building; this must be located so that the water can be shut off conveniently and the pipes drained. Where one service pipe is installed to supply more than one customer, there shall be separate shut‑off valves inside the building for each customer so that service to one customer can be shut off without interfering with service to the others.

 

6‑3‑8            MAKING THE CONNECTION.  Any connection with the municipal water system must be made under the direct supervision of the Superintendent or the Superintendent's authorized assistant. All taps in the water main must be at least (12) inches apart and on the side and near the top and not in any case within 18 inches of the hub.

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

 

6‑3‑9            EXCAVATIONS.  Excavations to do work under this Ordinance shall be dug so as to occasion the least possible inconvenience to the public and to provide for the passage of water along the gutter. All such excavations shall have proper barricades at all times, and warning lights placed from one‑half hour before sunset to one‑half hour after sunrise. In refilling the excavation the earth must be laid in layers and each layer tamped thoroughly to prevent settlement, and this work, and any street, sidewalk, pavement or other public property that is affected, must be restored to as good a condition as it was previous to the excavation. The plumber must maintain the affected area in good repair to the satisfaction of the City Council for three months after refilling. All water service pipes must be laid so as to prevent rupture by settlement of freezing. No excavation shall be made within six (6) feet of any laid water or sewer pipe while the ground is frozen, and no water or sewer pipe shall be exposed to frost, except by special written permission of the Superintendent.

 

6‑3‑10          INSPECTION AND APPROVAL. All water‑service pipes and their connections to the municipal water system must be inspected and approved in writing by the Superintendent before they are covered, and the Superintendent shall keep a record of such approvals. If the Superintendent refuses to approve the work, the plumber or owner must proceed immediately to correct the work so that it will meet with the Superintendent's approval.  Every person who uses or intends to use the municipal water system shall permit the Superintendent or the Superintendent's authorized assistants to enter the premises to inspect and make necessary alterations or repairs at all reasonable hours and on proof of authority.

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

 

6‑3‑11          COMPLETION BY THE CITY.  Should any excavation be left open or partly refilled for twenty‑four (24) hours after the water‑service pipe is installed and connected with the municipal water system, or should the work be improperly done, the Superintendent shall have the right to finish or correct the work, and the City Council shall assess the costs to the property owner or the plumber. If the plumber is assessed, the plumber must pay the costs before the plumber can receive another permit, and the plumber's bond required by the Plumbing Ordinance shall be security for the assessment. If the property owner is assessed, such assessment shall be collected with and in the same manner as general property taxes.

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

 

6-3-12          PROPERTY OWNERS RESPONSIBILITY. All costs and expenses incident to the installation, connection and maintenance of the water service pipe from the property line  to the building served shall be borne by the owner. The owner is responsible for the repair, installation, and cleaning of service line from water shutoff to the house. The City is responsible for shutoff and line from shutoff to water main. In addition, the City is responsible for street and highway repairs to reconstruct damaged area caused by any of the above actions. Sidewalk reconstruction responsibility will be the following: the homeowner is responsible for the labor and the City will provide the cement. All work is to be done to the specification of Chapter 6-3-9 of this Code.

 

6‑3‑13          METER ACCURACY AND TEST.  All water shall be supplied through meters that accurately measure the amount of water supplied to any building. The Superintendent or the Superintendent's assistant shall make a test of the accuracy of any water meter at any time when requested in writing. If it is found that such meter overruns to the extent of 5 percent or more, the cost of the tests shall be paid by the City and a refund shall be made to the customer for overcharges collected since the last known date of accuracy but not more than 5 percent of the total water bill and not for a longer period of more than three months. If the meter is found to be accurate or slow less than 5 percent fast, the patron shall pay the reasonable costs of the tests as set by Council resolution. Compulsory Check. Every meter shall be removed from service at least once each 5 years and thoroughly tested for accuracy.  Any meter found inaccurate beyond a tolerance of 1 1/2 percent shall not be returned to service until properly adjusted.

 

6-3-14         DESIGNATION OF WELLS. The Council shall designate each water well within the City as being a “shallow well” or a “deep well” for the purposes of this Section.

 

DEFINITIONS. For the use in this Section, the following terms are defined.

 

6         “Aquifer” means a rock formation, group of rock formations or part of a rock formation that contains enough saturated permeable materials to yield significant quantities of water.

7         “Contamination” means the presence of any harmful or deleterious substances in the water supply.

8         “Deep public well” means a public well located and constructed in such a manner that there is a continuous layer of low permeable soil or rock at least five (5) feet thick located at least twenty-five (25) feet below the normal ground surface and above the aquifer from which the water is to be drawn.

9         “Shallow public well” means a public well located and constructed in such a manner that there is not a continuous layer of low permeable soil or rock at least five (5) feet thick located at least twenty-five (25) feet below the normal ground surface and above the aquifer form which the water is to be drawn.

10      “Well” means a pit or hole sunk into the earth to reach a resource supply such as water.

 

SHALLOW WELL PROTECTION. No structure or facility of the following enumerated and listed types shall be located within the distances hereinafter set forth after each structure or facility from a shallow public well within the City.

6         Well house floor drains – 5 feet;

7         Water treatment plant wastes – 50 feet;

8         Sanitary and industrial discharges – 400 feet;

9         Floor drains from pump house to surface:

9-3    None within 5 feet;

9-4    5-10 feet – water main materials enclosed in concrete permitted;

9-5    10-25 feet – must be water main material;

9-6    25-75 feet – must be watertight sewer pipe;

10      Floor drains to sewer, water plant wastes, storm or sanitary sewers or drains:

10-3 None permitted within 25 feet;

10-4 25-75 feet – must be water main material;

10-5 75-200 feet – must be watertight sewer pipe;

11      Force Mains:

11-3 None permitted within 75 feet;

11-4 75-200 feet – must be water main materials;

12      Land application of solid waste – 400 feet;

13      Irrigation of wastewater – 400 feet;

14      Concrete vaults and septic tanks – 200 feet;

15      Mechanical wastewater treatment plants – 400 feet;

16      Cesspools and earth pit privies – 400 feet;

17      Soil absorption fields – 400 feet;

18      Lagoons – 1000 feet;

19      Chemicals:

19-3 Application to ground surface – 200 feet;

19-4 Above ground storage – 200 feet;

19-5 On or underground storage – 400 feet;

20      Animal pasturage – 50 feet;

21      Animal enclosure – 400 feet;

22      Animal wastes:

22-3 Land application of solids – 400 feet;

22-4 Land application of liquid or slurry – 400 feet;

22-5 Storage tank – 400 feet;

22-6 Solids stockpile – 400 feet;

22-7 Storage basin or lagoon – 1000 feet;

23      Earthen silage storage trench or pit – 200 feet;

24      Basements, pits, sumps – 10 feet;

25      Flowing streams or other surface water bodies – 50 feet;

26      Cisterns – 100 feet;

27      Cemeteries – 200 feet;

28      Private wells – 400 feet;

29      Solid waste disposal sites – 1000 feet.

 

DEEP WELL PROTECTION. No structure or facility of the following enumerated and listed types shall be located within the distances hereinafter set forth from a deep public well within the City.

1. Well house floor drains – 5 feet;

6         Water treatment plant wastes – 50 feet;

7         Sanitary and industrial discharges – 400 feet;

8         Floor drains from pump house to surface:

8-3    None within 5 feet;

8-4    5-10 feet – water main materials enclosed in concrete permitted;

8-5    10-25 feet – must be water main material;

8-6    25-75 feet – must be watertight sewer pipe;

9         Floor drains to sewer, water plant wastes, storm or sanitary sewers or drains:

9-3    None permitted within 25 feet;

9-4    25-75 feet – must be water main material;

9-5    75-200 feet – must be watertight sewer pipe;

10      Force Mains:

10-3 None permitted within 75 feet;

10-4 75-200 feet – must be water main materials;

11      Land application of solid waste – 200 feet;

12      Irrigation of wastewater – 200 feet;

13      Concrete vaults and septic tanks – 100 feet;

14      Mechanical wastewater treatment plants – 200 feet;

15      Cesspools and earth pit privies – 200 feet;

16      Soil absorption fields – 200 feet;

17      Lagoons – 400 feet;

18      Chemicals:

18-3 Application to ground surface – 100 feet;

18-4 Above ground storage – 100 feet;

18-5 On or underground storage – 200 feet;

19      Animal pasturage – 50 feet;

20      Animal enclosure – 200 feet;

21      Animal wastes:

21-3 Land application of solids – 200 feet;

21-4 Land application of liquid or slurry – 200 feet;

21-5 Storage tank – 200 feet;

21-6 Solids stockpile – 200 feet;

21-7 Storage basin or lagoon – 400 feet;

22      Earthen silage storage trench or pit – 100 feet;

23      Basements, pits, sumps – 10 feet;

24      Flowing streams or other surface water bodies – 50 feet;

25      Cisterns –50 feet;

26      Cemeteries – 200 feet;

27      Private wells – 200 feet;

28      Solid waste disposal sites – 1000 feet.

 

EXCEPTION.  Proscriptions as set forth in “SHALLOW WELL PROTECTION” and “DEEP WELL PROTECTION” apply to all public water wells existing within the City except public water wells formerly abandoned for use by resolution of the Council.

 

NONCONFORMING USES. The use of structures or facilities existing at the time of enactment of this Ordinance Section may be continued even though such use may not conform to the regulations of this Section. However, such structures or facilities may not be enlarged, extended, reconstructed or substituted subsequent to the date of adoption of such Ordinance Section.

 

6-3-15PROTECTION FROM DAMAGE. No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the City water works. This includes shutoffs, water mains, and any other City owned water property. Any person violating this provision shall be subject to all repair and or replacement costs and if disorderly conduct is involved, subject to immediate arrest by the Jones County Sheriff’s office.

 

 

 

 

 


 

TITLE VI  PHYSICAL ENVIRONMENT

 

CHAPTER 4  UTILITIES - REFUSE COLLECTION

 


 

 

6-4-1            Definitions

6-4-2            Duty to Provide Cans

6-4-3            Administration

6-4-4            Storage

6-4-5            Collections

6-4-6            Mandatory Residential Recycling


 

6-4-7           Necessity of Permits

6-4-8           Burning of Refuse

6-4-9           Refuse Other Than Garbage

6-4-10         Littering Prohibited

6-4-11         Open Dumping Prohibited

6-4-12         Sanitary Landfill


 

 

6‑4‑1            DEFINITIONS.  For use in this chapter, the following terms are defined as follows:

 

           1.      “Back Yard Burning”. Includes the disposal of residential waste by open burning on the premises of the property the waste is generated.

 

           2.      "Can".  Means a container for the storage of garbage or rubbish which is:

 

                    a.     Provided with a handle and tight fitting cover.                                  

 

                    b.    Substantially made of galvanized iron or other non‑rusting material.

                   

                    c.     Water‑tight.

 

                    d.    Of a size that may be conveniently handled by the collector.

 

           3.      “Discard”. Means to place, cause to be placed, throw, deposit or drop.

 

           4.      "Garbage".  Includes all animal, fruit, vegetable, and other refuse resulting from the preparation of food and drink.

 

           5.      “Landscape Waste”. Includes any vegetable or plant waste, except garbage. This term includes trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery and yard trimmings.

 

           6.      “Litter”. Includes any garbage, rubbish, refuse, trash, waste materials or debris.

 

           7.      “Open Burning”. Includes any burning of combustible materials where the products of combustion are emitted into the open air without passing through a chimney or stack.

 

           8.      “Open Dumping”. Includes the depositing of solid waste on the surface of the ground or into a body or stream of water.

          

           9.      "Refuse".  Includes all garbage, rubbish, ashes, or other substances offensive to sight or smell, dangerous to the public health or detrimental to the best interests of the community except dead animals not killed for food.

 

           10.    “Residential Waste”. Includes any refuse generated on the premises as a result of residential activities. The term includes landscape waste grown on the premises or deposited thereon by the elements, but excludes garbage, tires and trade waste.      

 

           11.    "Rubbish".  Includes all other refuse not falling within the term "garbage" except those objects too large to be placed in cans.

 

           12.    “Sanitary Disposal”. Includes a method of treating solid waste so that it does not produce a hazard to the public health or safety or create a nuisance.

 

           13.    “Solid Waste”. Includes garbage, refuse, rubbish and other similar discarded solid or semisolid materials, including but not limited to such materials resulting from industrial, commercial, agricultural and domestic activities.

 

           14.    “Yard Waste”. Includes any debris such as grass clippings, leaves, garden waste, brush and trees, excluding tree stumps.

          

6‑4‑2            DUTY TO PROVIDE CANS. Each person shall provide cans or approved containers for the storage of garbage and rubbish accumulating on the premises owned or occupied by such owner. Such cans or containers shall be kept covered and reasonably clean at all times. They shall be in a position readily accessible to the collector.

 

It shall be the duty of the owner of each household residing in a building arranged for more than one family unit to provide proper cans for garbage and rubbish.

 

           1.      Container Specifications.

 

                    a.     Residential. Residential waste containers shall be of not less than twenty (20) gallons nor more than thirty five (35) gallons  in nominal capacity; shall leak proof, water proof and shall be fitted with a fly tight lid which shall be kept in place except when depositing or removing the contents thereof. They shall have handles or other suitable lifting devices. They shall be of light weight and sturdy construction with the total weight of any individual containers and contents not exceeding seventy five (75) pounds. Other containers as approved by the City may also be used.

 

                    b.    Commercial. Every person owning, managing, operating, leasing, renting, any commercial premises where an excessive amount of refuse accumulates and where its storage in portable containers as required above is impractical, shall maintain metal bulk storage containers as approved by the City.

 

                    c.     Non-conforming Containers. Solid waste containers which are not adequate will be collected together with their contents and disposed of after due notice to the owner.

 

6‑4‑3            ADMINISTRATION.  Administration of this chapter shall be by the Superintendent of refuse, or such employee designated by the City Council. 

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

 

6‑4‑4            STORAGE.  All garbage must be drained and that accumulated from dwellings must be wrapped in paper and placed in a can. All rubbish shall be placed in a can except as otherwise provided.

 

6‑4‑5            COLLECTIONS.  All garbage and rubbish shall be taken from dwellings at least once each week and from public establishments as frequently as the City Council may require.

 

All cans for garbage and rubbish shall be kept as provided in the rules and regulations for collection of refuse.

 

6-4-6            MANDATORY RESIDENTIAL RECYCLING. All recyclable materials shall be separated by the owner or occupant of each residential premises. The types of material to be separated and the separation and collection procedure shall be as established per the agreement entered into between the City and the collector and further regulations may be established by Council resolution.

 

6‑4‑7            NECESSITY OF PERMIT.  No person shall collect garbage or rubbish except such person's unless otherwise by contract or permit approved by the Superintendent of refuse and issued by the Clerk.

 

In the event any business, firm, or corporation may elect to dispose of refuse or waste matter as may accumulate on any premises, property, or location, the same may be done provided that such disposal and transporting of any refuse or waste matter complies with the provisions of this chapter, is approved by the City and a permit issued by the Clerk.

 

6‑4‑8            BURNING OF REFUSE. 

 

           1.      It shall be unlawful for any person to burn or incinerate any garbage, rubbish, or refuse within the City except the following shall  be permitted:

                    a.     Disaster rubbish. The open burning of rubbish, including landscape waste, for the duration of the community disaster period in cases where an officially declared emergency condition exists.

 

                    b.    Diseased trees. The open burning of diseased trees. However, when the burning of diseased trees becomes a nuisance, appropriate action may be taken to require the relocation of the burning action. Rubber Tires shall not be allowed to ignite diseased trees.

 

                    c.     Flare stacks. The open burning or flaring of waste gases, provided such open burning or flaring is conducted in compliance with applicable rules of the Iowa Department of Natural Resources.

 

                    d.    Landscape waste. Open burning of landscape waste originating on the premises. However, the burning of landscape waste produced in clearing, grubbing, and construction operations shall be limited to areas located at least one-fourth (1/4) mile from any inhabited building. Rubber Tires shall not be allowed to ignite landscape waste.

 

                    e.     Training fires. Fires set for the purpose of bona fide training of public or industrial employees in fire fighting methods.

 

           2.      This section shall not apply to any incinerator operated under a license granted by the City or any burning conducted under the direction of the fire department for training purposes.

 

           3.      This section shall not apply to outdoor cooking appliances used for residential recreational purposes using commonly acceptable fuels.

 

6‑4‑9            REFUSE OTHER THAN GARBAGE.  Each person shall dispose of all refuse other than garbage and rubbish accumulation on the premises such person owns or occupies before it becomes a nuisance. If it does become a nuisance, it shall be subject to provisions of Title III, Chapter 2 of this Code. 

 

6-4-10          LITTERING PROHIBITED. No person shall discard any litter onto any water or land, except that nothing in this section shall be construed to affect the authorized collection and discarding of such litter in receptacles provided for such purpose.

 

6-4-11          OPEN DUMPING PROHIBITED. No person shall dump or deposit or permit the open dumping or depositing of any solid waste at any place other than a sanitary landfill. This section does not prohibit the use of dirt, stone, brick, or similar inorganic material for fill, landscaping, excavation or grading at places other than sanitary landfills.

 

6‑4‑12          SANITARY LANDFILL. The City Council by resolution may designate a sanitary landfill and establish reasonable rules and regulations necessary to control its use by the public and make charge for the use thereof.


 

                                                                    TITLE VI  PHYSICAL ENVIRONMENT

 

                                                              CHAPTER 5 UTILITIES - BILLING CHARGES

 


 

6-5-1            Utility Defined

6-5-2            Districts

6-5-3            Disposition of Fees and Charges

6-5-4            Billing, Penalty

6-5-5            Discontinuing Services, Fees

6-5-6            Residential Rental Property

6-5-7            Customer Guarantee Deposits

6-5-8            Water Rates


 

6-5-9           Refuse Collection Rates

6-5-10         Rate of Sewer Rent and Manner of

                    Payment

6-5-11         Determination and Payment of Sewer

                    Rent From Premises With Private

                    Water Systems


 

 

6-5-1            UTILITY DEFINED.  For use in this chapter, utility is the sewer, water, and refuse collection systems operated by the City.

 

6-5-2            DISTRICTS.  There shall be one sewer and water district which encompasses all of the City of Oxford Junction, Iowa.

 

6-5-3            DISPOSITION OF FEES AND CHARGES.  All money received under this chapter shall be deposited in the City treasury not later than the last day of the month in which it was received and a written report of the amount and source of the fees and charges shall be on file with the City Clerk.

                                                                                                   

6-5-4            BILLING PENALTY.  Utility bills shall be due on the first of the month following the period for which service is billed.  Payment shall be made to the City Clerk.  Bills shall become delinquent after the fifteenth of the month in which due and bills paid after said day shall have added a penalty of ten (10) percent of the amount of the bill. When the fifteenth falls on Saturday or Sunday, the City Clerk shall accept payment until 12:00 p.m. on the next office day without penalty. 

                                                                                                    (Code of Iowa, Sec. 384.84(1))

 

6-5-5            DISCONTINUING SERVICE, FEES. 

 

           1.      If any account is not paid by the 25th of the month in which due, the utility shall be discontinued after the following procedure has been complied with:

 

                    a.     Notice. The Clerk shall notify each delinquent customer that service will be discontinued if payment of the combined service account, including late payment charges, is not received by the date specified in the notice of delinquency.  Such notice shall be sent by ordinary mail or posted, and shall inform the customer of the nature of the delinquency and afford the customer the opportunity for a hearing prior to the discontinuance.

                    b.    Hearing.  When a hearing is requested by a customer, the Mayor or the Mayor's designee shall conduct a hearing within two (2) days following the request. The customer shall have the right to present evidence or propose a payment plan.  The decision of the Mayor is final.

 

           2.      If service is discontinued for nonpayment of fees and charges, or for the violation of any Ordinance, a fee of $30.00 shall be paid to the City Clerk in addition to the rates or charges then due before such service is restored. If any such service charge is not paid within sixty (60) days from the date it is due, the same shall constitute a lien upon the premises served by said municipal system, which said lien shall be collected in the same manner as taxes.

                                                                                                    (Code of Iowa, Sec. 384.84(2))

          

           3.      A fee of $10.00 will be charged each water customer when the second overdue/disconnect notice is posted on a residence. The customer will be notified of this fee when the first overdue/disconnect notice is sent by ordinary mail.

 

6-5-6            RESIDENTIAL RENTAL PROPERTY.  For residential rental property where a charge for water service is separately metered and paid directly by the tenant, the rental property is exempt from a lien for those delinquent charges incurred after the landlord gives written notice to the City that the tenant is liable for the charges and a deposit not exceeding the usual cost of ninety (90) days of water service is paid to the utility. Upon receipt, the City shall acknowledge the notice and deposit. A written notice shall contain the name of the tenant responsible for charges, address of the property that the tenant is to occupy, and the date that the occupancy begins. A change in tenant shall require a new written notice and deposit. When the tenant moves from the rental property, the City shall return the deposit if the water service charges are paid in full and the lien exemption shall be lifted from the rental property. The lien exemption for rental property does not apply to charges for repairs to a water service if the repair charges become delinquent.

                                                                                                    (Code of Iowa, Sec. 384.84(3))

 

6-5-7            CUSTOMER GUARANTEE DEPOSITS.  Customer deposits shall be required of all customers who are tenants or owners. Such deposit shall be $50.00 for water service and $50.00 for sewer service. Deposit is to be made on each inhabited property or meter either by owner or tenant. After final bill is paid in full, the deposit shall then be returned. An occurrence or recurrence of a bad payment record may be the occasion for the City Clerk to require a new or larger deposit for the continuation of service.

                                                                                                    (Code of Iowa, Sec. 384.84(1))

 

6-5-8            WATER RATES. 

 

           1.      Water shall be furnished at the following monthly rates per property serviced within the City limits: 

                                                                                                    (Code of Iowa, Sec. 384.84(1))

 

                            The first 500 gallons at $9.00  per month

                            All over 500 gallons at $2.25 per 1,000 gallons.

 

                            The minimum charge shall be $9.00 per household or business building per billing month.

                            These rates will be reviewed by the City Council on an annual basis.

 

           2.      Water service shall be provided to any customer located outside the corporate limits of the City which the City has agreed to serve at rates one hundred twenty five percent (125%) of the rates provided for in this Chapter. No such customer shall be served unless the customer shall have signed a service contract agreeing to be bound by the ordinance, rules and regulations applying to water service.

 

           3.      A surcharge of $3.00 will be added to each and every water bill, including, but not limited to residential, business, church, organizations, residences where owners leave for an extended period. The money accumulated through this surcharge will be used to help pay for water main, water well or other water projects that can not be paid through annual budget expenditures. The money collected through this surcharge will accumulate through a savings account or certificate of deposit.

          

6-5-9            REFUSE COLLECTION RATES.  There shall be collected by the City for its services in collecting garbage and rubbish, the following mandatory fees:

 

           1.      Residence Rate. For each resident with alley or curb pickup, $12.55 per month for one garbage or rubbish collection each week. In addition, there will be a $1.50 per month charge for the landfill fee. In the event that alley or curb pickup for any residence is not feasible, the City Clerk is hereby empowered to enter into an agreement with such resident for any additional charge to be paid by such resident for any other location of pickup that may be agreed upon.

 

           2.      Commercial Rate.  Rates for commercial establishments shall be established by the City Council.

                                                                                                    (Code of Iowa, Sec. 384.84(1))

 

6-5-10         RATE OF SEWER RENT AND MANNER OF PAYMENT. These rates shall be reviewed by the City Council every three (3) years. Each customer shall pay sewer service charges for the use of and for the service supplied by the municipal sanitary sewer system based upon the amount of water consumed as follows:

 

            1.     First 0-500 gallons is $6.61 per month. 

 

            2.     All usage over 500 gallons per month will be billed at 70% of net water usage.

 

            3.     In addition, $30.00 per month will be billed for the WWTF (Waste Water Treatment Facility).

 

The rent shall be paid with the water bill at the same time as payment of the water bill is due and under the same condition as to penalty for late payment, at the office of the City Clerk, beginning with the next payment after the enactment of this Ordinance, or, if connection has not been made, after the connection to the sewer system is made. (Code of Iowa, Sec. 384.84(1))

 

6-5-11          DETERMINATION AND PAYMENT OF SEWER RENT FROM PREMISES WITH PRIVATE WATER SYSTEMS.  Users whose premises have a private water system shall pay a sewer rent in proportion to the water used and determined by the City Council either by an estimate agreed to by the user or by metering the water system. The rates shall be the same as provided in Section 6-5-10 applied as if a City water bill were to be paid. Rent shall be paid at the same time and place as provided in Section 6-5-10.

                                                                                                    (Code of Iowa, Sec. 384.84(1))


 

                                                                    TITLE VI  PHYSICAL ENVIRONMENT

 

                                                         CHAPTER 6  STREET CUTS AND EXCAVATIONS

 


 

6-6-1            Excavation Permit Required

6-6-2            Application for Permit

6-6-3            Permit Fees


 

6-6-4           Safety Measures

6-6-5           Backfilling and Restoration

6-6-6           Rules and Regulations


 

 

6‑6‑1            EXCAVATION PERMIT REQUIRED.  Excavating within the right‑of‑way of public streets and alleys, and of public grounds, and the cutting of surfacing or pavings of the traveled way therein, shall not be done by any person, firm, association, or corporation without obtaining a permit from the City Clerk.  

                                                                                                    (Code of Iowa, Sec. 364.12(2))

 

6‑6‑2            APPLICATION FOR PERMIT.  No person shall commence excavation in any public street or public ground until that person has applied to the City Clerk for an excavation permit. Such application shall indicate the location of the excavation, the name and address of the applicant who is to do the work, whether public liability insurance is in force, and that the applicant has checked the underground map of all utilities, and other owners of underground facilities, and that the applicant has notified those persons or companies of the time that excavation will commence. The making of an application shall be deemed notice to the City of the plan to cut the street surfacing or pavements, and to obstruct the public way.  Such permits shall not be valid until six hours after receipt unless the Clerk waives this requirement.  

 

In an emergency, authorized persons or companies may commence excavations provided that they shall have made a reasonable effort to inform the City and the utilities whose underground utilities might be involved in any way, and those involved in the excavation shall make written application at the earliest practicable moment. The Clerk may provide on the form for the certification that the applicant has notified all utilities and other parties required by this Ordinance.  

 

6‑6‑3            PERMIT FEES.  The permit fee shall be $10.00 for the cost of each inspection. A single excavation shall be deemed to constitute all the digging necessary for a single connection, or a cut for installing a main not exceeding 100 feet in length. An additional fee of $10.00 shall be required for every additional 100 feet, or major fraction thereof, of main excavation.  

 

6‑6‑4            SAFETY MEASURES.  Any person, firm, or corporation cutting a pavement or surfacing or excavating in the streets shall erect suitable barricades, maintain warning lights from sunset to sunrise each night, and take such other precautions as necessary for the safety of the public, whether vehicles or pedestrians. Vehicles, equipment, materials, excavated material, and similar items shall likewise be protected by lights and warning devices, such as traffic cones, flags, etc. Where traffic conditions warrant, the party excavating may be required to provide flagmen, if in the judgment of the Chief of Police or County Sheriff the public safety requires it. Compliance with City Ordinances and regulations shall not be deemed to waive the requirements that the party excavating shall comply with all the requirements of the labor safety laws and the rules of the Iowa Department of Labor, nor shall any failure be deemed a responsibility of the City.  

 

6‑6‑5            BACKFILLING AND RESTORATION.  Any person excavating in the streets shall be responsible for the backfilling of the excavation in accordance with City specifications and the restoration of the pavement or surfacing to as good a condition as that existing prior to the excavation. If any excavator fails to backfill