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CHAPTER 1

CODE OF ORDINANCES

1.01  Title	1.07  Amendments
1.02  Definitions	1.08  Catchlines and Notes
1.03  City Powers	1.09  Altering Code
1.04  Indemnity	1.10  Standard Penalty
1.05  Personal Injuries	1.11  Severability
1.06  Rules of Construction

1.01    TITLE.  This code of ordinances shall be known and may be cited as the Code of Ordinances of the City of Creston, Iowa, 1996.

1.02    DEFINITIONS.  Where words and phrases used in this Code of Ordinances are defined by State law, such definitions apply to their use in this Code of Ordinances and are adopted by reference.  Those definitions so adopted that need further definition or are reiterated, and other words and phrases used herein, have the following meanings, unless specifically defined otherwise in another portion of this Code of Ordinances:

1.            “Alley” means a public right-of-way, other than a street, affording secondary means of access to abutting property. 

2.            “City” means the City of Creston, Iowa.

3.            “Clerk” means the city clerk of Creston, Iowa.

4.            “Code” means the specific chapter of this Code of Ordinances in which a specific subject is covered and bears a descriptive title word (such as the Building Code and/or a standard code adopted by reference).

5.            “Code of Ordinances” means the Code of Ordinances of the City of Creston, Iowa, 1996.

6.            “Council” means the city council of Creston, Iowa.

7.            “County” means Union County, Iowa.

8.            “Measure” means an ordinance, amendment, resolution or motion.

9.            “Month” means a calendar month.

10.            “Oath” means an affirmation in all cases in which by law an affirmation may be substituted for an oath, and in such cases the words “affirm” and “affirmed” are equivalent to the words “swear” and “sworn.”

11.            “Occupant” or “tenant,” applied to a building or land, includes any person who occupies the whole or a part of such building or land, whether alone or with others.

12.            “Ordinances” means the ordinances of the City of Creston, Iowa, as embodied in the Code of Ordinances, ordinances not repealed by the ordinance adopting the Code of Ordinances, and those enacted hereafter.

13.            “Person” means an individual, firm, partnership, domestic or foreign corporation, company, association or joint stock association, trust, or other legal entity, and includes a trustee, receiver, assignee, or similar representative thereof, but does not include a governmental body.

14.            “Preceding” and “following” mean next before and next after, respectively.

15.            “Property” includes real property, and tangible and intangible personal property unless clearly indicated otherwise.

16.            “Property owner” means a person owning private property in the City as shown by the County Auditor’s plats of the City.

17.            “Public place” includes in its meaning, but is not restricted to, any City-owned open place, such as parks and squares.

18.            “Public property” means any and all property owned by the City or held in the name of the City by any of the departments, commissions or agencies within the City government.

19.            “Public way” includes any street, alley, boulevard, parkway, highway, sidewalk, or other public thoroughfare.

20.            “Sidewalk” means that surfaced portion of the street between the edge of the traveled way, surfacing, or curb line and the adjacent property line, intended for the use of pedestrians.

21.            “State” means the State of Iowa.

22.            “Statutes” or “laws” means the latest edition of the Code of Iowa, as amended.

23.            “Street” or “highway” means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic.

24.            “Writing” and “written” include printing, typing, lithographing, or other mode of representing words and letters.

25.            “Year” means a calendar year.

1.03    CITY POWERS.  The City may, except as expressly limited by the Iowa Constitution, and if not inconsistent with the laws of the Iowa General Assembly, exercise any power and perform any function it deems appropriate to protect and preserve the rights, privileges and property of the City and of its residents, and preserve and improve the peace, safety, health, welfare, comfort and convenience of its residents and each and every provision of this Code of Ordinances shall be deemed to be in the exercise of the foregoing powers and the performance of the foregoing functions.

(Code of Iowa, Sec. 364.1)

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

1.05    PERSONAL INJURIES.  When action is brought against the City for personal injuries alleged to have been caused by its negligence, the City may notify in writing any person by whose negligence it claims the injury was caused.  The notice shall state the pendency of the action, the name of the plaintiff, the name and location of the court where the action is pending, a brief statement of the alleged facts from which the cause arose, that the City believes that the person notified is liable to it for any judgment rendered against the City, and asking the person to appear and defend.  A judgment obtained in the suit is conclusive in any action by the City against any person so notified, as to the existence of the defect or other cause of the injury or damage, as to the liability of the City to the plaintiff in the first named action, and as to the amount of the damage or injury.  The City may maintain an action against the person notified to recover the amount of the judgment together with all the expenses incurred by the City in the suit.

(Code of Iowa, Sec. 364.14)  

1.06    RULES OF CONSTRUCTION.  In the construction of the Code of Ordinances the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the Council or repugnant to the context of the provisions.

1.            Verb Tense and Plurals.  Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular.

2.            May.  The word “may” confers a power.

3.            Must.  The word “must” states a requirement.

4.            Shall.  The word “shall” imposes a duty.

5.            Gender.  The masculine gender shall include the feminine and neuter genders. 

6.            Interpretation.  All general provisions, terms, phrases, and expressions contained in the Code of Ordinances shall be liberally construed in order that the true intent and meaning of the Council may be fully carried out.

7.            Extension of Authority.  Whenever an officer or employee is required or authorized to do an act by a provision of the Code of Ordinances, the provision shall be construed as authorizing performance by a regular assistant, subordinate or a duly authorized designee of said officer or employee. 

1.07    AMENDMENTS.  All ordinances which amend, repeal or in any manner affect the Code of Ordinances shall include proper reference to title, division, chapter, section and subsection to maintain an orderly codification of ordinances of the City.

(Code of Iowa, Sec. 380.2)

1.08    CATCHLINES AND NOTES.  The catchlines of the several sections of the Code of Ordinances, titles, headings (chapter, division, section and subsection), editor's notes, cross references and State law references, unless set out in the body of the section itself, contained in the Code of Ordinances, do not constitute any part of the law, and are intended merely to indicate, explain, supplement or clarify the contents of a section.

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

(Code of Iowa, Sec. 718.5)

1.10    STANDARD PENALTY.  Unless another penalty is expressly provided by the Code of Ordinances for any particular provision, section or chapter, any person failing to perform a duty, or obtain a license required by, or violating any provision of the Code of Ordinances, or any rule or regulation adopted herein by reference shall be guilty of a simple misdemeanor and, upon conviction, be subject to a fine of not more than one hundred dollars ($100.00) or imprisonment not to exceed thirty (30) days.

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

1.11    SEVERABILITY.  If any section, provision or part of the Code of Ordinances is adjudged invalid or unconstitutional, such adjudication will not affect the validity of the Code of Ordinances as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

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CHAPTER 2

CHARTER

2.01  Title	2.04  Number and Term of Council
2.02  Form of Government	2.05  Term of Mayor
2.03  Powers and Duties	2.06  Copies on File

2.01    TITLE.  This chapter may be cited as the charter of the City of Creston, Iowa.

2.02    FORM OF GOVERNMENT.  The form of government of the City is the Mayor-Council form of government.

(Code of Iowa, Sec. 372.4)

2.03    POWERS AND DUTIES.  The Council and Mayor and other City officers have such powers and shall perform such duties as are authorized or required by State law and by the ordinances, resolutions, rules and regulations of the City.

2.04    NUMBER AND TERM OF COUNCIL.  The Council consists of two (2) Council Members elected at large and one (1) Council Member from each of five (5) wards as established by the Code of Ordinances, elected for overlapping terms of four (4) years. 

(Code of Iowa, Sec. 376.2)

2.05    TERM OF MAYOR.  The Mayor is elected for a term of four (4) years.

(Code of Iowa, Sec. 376.2)

2.06    COPIES ON FILE.  The Clerk shall keep an official copy of the charter on file with the official records of the Clerk and the Secretary of State, and shall keep copies of the charter available at the Clerk's office for public inspection.

(Code of Iowa, Sec. 372.1)

 

 

CHAPTER 3

BOUNDARIES

3.01  Establishment of Ward Boundaries	3.03  Boundaries to Be Effective for All Elections
3.02  Property Numbering System	3.04  Voter Precincts

3.01    ESTABLISHMENT OF WARD BOUNDARIES.  The boundaries of the five (5) wards in the City, to be known as “First Ward,” “Second Ward,” “Third Ward,” “Fourth Ward” and “Fifth Ward,” are hereby established in and for the City, as follows:

1.            First Ward.  First Ward comprises a geographical area in the north central portion of the City and the boundaries thereof are established as follows:

An area comprising all of that portion of the incorporated limits of the City lying within the boundaries of a line commencing at a point on the north corporation line with the intersection of Hurley Creek, thence southerly along the centerline of Hurley Creek to the intersection of Hurley Creek and Townline Street, thence east along Townline Street to North Walnut Street, thence southerly along the projected centerline of North Walnut Street to the intersection of North Walnut Street and Howard Street, thence westerly along the centerline of Howard Street to Division Street thence southerly along the centerline of Division Street to West Mills Street, thence westerly along the centerline of West Mills Street to North Sycamore Street, thence northerly along the centerline of North Sycamore Street to Townline Street, thence westerly along the centerline of Townline Street to the intersection of North Lincoln Street, thence northerly along the centerline of North Lincoln Street to the north corporation line, thence easterly along the north corporation line to Hurley Creek.

2.            Second Ward.  Second Ward comprises a geographical area situated in the northwest portion of the City and the boundaries thereof are established as follows:

An area comprising all that portion of the incorporated limits of the City lying within the boundaries of a line commencing at a point on the north corporation line where the projected centerline of North Lincoln Street intersects said north corporation line, thence southerly along the centerline of North Lincoln Street to its intersection with Townline Street, thence easterly along the centerline of West Townline Street to the intersection of North Sycamore Street, thence southerly along the centerline of North Sycamore Street to West Adams Street, thence westerly along the centerline of West Adams Street to the intersection of Cottonwood Street, or the west corporation boundary of the City, thence northerly along the west corporation line to the north corporation line, thence easterly along the north corporation line to the centerline of North Lincoln Street, the place of beginning.

3.            Third Ward.  Third Ward comprises a geographical area situated in the southwest portion of the City and the boundaries thereof are established as follows:

An area comprising all of that portion of the incorporated limits of the City lying within the boundaries of a line commencing at the intersection of the centerline of West Adams Street and the west corporate line, thence southerly and westerly along the west corporation line to the south corporation line, thence easterly along the south corporation line to a point on the south corporation line coinciding with the centerline of South Cherry Street, thence northerly along the centerline of South Cherry Street to the intersection of Ringgold Street to South Oak Street, thence northerly along the centerline of South Oak Street to the intersection of West Taylor Street, thence westerly to the intersection of South Division Street, thence northerly along the centerline of South Division Street to the intersection of West Union Street, thence westerly along the centerline of West Union Street to the intersection of New York Avenue, thence northerly and easterly along the centerline of New York Avenue to the intersection of West Adams Street, thence westerly along the centerline of West Adams Street to the intersection of Cottonwood and the west corporation boundary, or the place of beginning.

4.            Fourth Ward.  Fourth Ward comprises a geographical area situated in the southeast portion of the City and the boundaries thereof are established as follows:

An area comprising all of that portion of the incorporated limits of the City lying within the boundaries of a line commencing at a point where East Howard Street intersects Osage Street in the east corporation line, thence westerly along the centerline of East Howard Street to the intersection of North Division Street, thence southerly along the centerline of North Division Street to the intersection of West Mills Street, thence westerly along the centerline of West Mills Street to the centerline of North Sycamore Street, thence southerly along the centerline of North Sycamore Street to West Adams Street, thence easterly along the centerline of West Adams Street to the intersection of New York Avenue to the intersection of West Union Street, thence easterly along the centerline of Union Street to the intersection of South Division Street, thence southerly along the centerline of South Division Street to the intersection of West Taylor Street, thence easterly along the centerline of West Taylor Street to the intersection of South Oak Street, thence southerly along the centerline of South Oak Street to the intersection of Ringgold Street, thence easterly along the centerline of Ringgold Street to the intersection of South Cherry Street, thence southerly along the centerline of South Cherry Street to the south corporation line, thence easterly along the southern corporation line to the eastern corporation line, thence north and northeasterly on the east corporation line to the intersection of the eastern corporation line and Osage Street, thence northerly along the centerline of Osage Street to the intersection of East Howard Street to the point of beginning.

5.            Fifth Ward.  The Fifth Ward comprises a geographical area situated in the northeast portion of the City and the boundaries thereof are established as follows:

An area comprising all of that portion of the incorporated limits of the City lying within the boundaries of a line commencing at the point on East Townline Street at the northeast corner of the City to the intersection of the east corporation line and the north corporation line, thence westerly along East Townline Street, or the north corporation line, to the intersection of East Townline Street and the centerline of the Burlington, Northern, Inc. right-of-way, thence northerly and northeasterly along said centerline of the Burlington, Northern, Inc. right-of-way or the east corporation line to the north corporation line, thence westerly along said north corporation line to the intersection of said north corporation line and the center of Hurley Creek, thence southerly along the centerline of Hurley Creek to the intersection of Townline Street and easterly along the centerline of Townline Street to its intersection with North Walnut Street, thence southerly along the centerline of North Walnut Street to the intersection of Howard Street, thence easterly along the centerline of East Howard Street to its intersection with Osage Street, or the east corporation line, thence northerly along the east corporation line to the intersection of Osage Street and East Townline Street, the point of beginning.

(Ord. 01-59 – Jan. 02 Supp.)

3.02    PROPERTY NUMBERING SYSTEM.  This chapter shall not be construed as repealing or in any manner changing the system of numbering properties for address purposes in the City, which heretofore established Adams Street as a base line or dividing line between the north and south portions of the City for numbering purposes and which heretofore established Pine Street as the base line or dividing line between the east and west portions of the City for numbering purposes.

3.03    BOUNDARIES TO BE EFFECTIVE FOR ALL ELECTIONS.  The boundaries or limits of the five (5) wards in the City, as set forth and delineated in this chapter, shall govern and be effective for any and all City municipal primary or general special elections in the City.  Said boundaries shall be binding upon any and all voters and electors who may vote in any of said elections and upon any and all officers charged with conducting said elections, as well as all election officials, including the Clerks and Judges of any such election board.  The boundaries of said wards shall also be binding upon any and all persons who may be candidates in any of the elections enumerated in this section.

3.04    VOTER PRECINCTS.  The City is divided into five (5) election precincts.  The boundaries of the five (5) Election Precincts in the City, to be known as the First Precinct, Second Precinct, Third Precinct, Fourth Precinct and Fifth Precinct, are hereby established as follows:

1.            Precinct One.  Precinct One consists of the boundaries outlined in Code Section 3.01(1) “First Ward” of the City of Creston.

2.            Precinct Two.  Precinct Two consists of the boundaries established in Code Section 3.01(2) “Second Ward” and includes the areas of Douglas and Spaulding Townships, County of Union.

3.            Precinct Three.  Precinct Three consists of the boundaries established in Code Section 3.01(3) “Third Ward” of the City of Creston.

4.            Precinct Four.  Precinct Four consists of the boundaries established in Code Section 3.01(4) “Fourth Ward” and includes the area of Highland Township, County of Union.

5.            Precinct Five.  Precinct Five consists of the boundaries established in Code Section 3.01(5) “Fifth Ward” and includes the area of Lincoln Township, County of Union.

(Ord. 01-59 – Jan. 02 Supp.)

CHAPTER 4

MUNICIPAL INFRACTIONS

4.01  Municipal Infraction	4.04  Civil Citations
4.02  Environmental Violation	4.05  Alternative Relief
4.03  Penalties	4.06  Criminal Penalties

4.01    MUNICIPAL INFRACTION.  A violation of this Code of Ordinances or any ordinance or code herein adopted by reference or the omission or failure to perform any act or duty required by the same, with the exception of those provisions specifically provided under State law as a felony, an aggravated misdemeanor, or a serious misdemeanor, or a simple misdemeanor under Chapters 687 through 747 of the Code of Iowa, is a municipal infraction punishable by civil penalty as provided herein.

(Code of Iowa, Sec. 364.22[3])

4.02    ENVIRONMENTAL VIOLATION.  A municipal infraction which is a violation of Chapter 455B of the Code of Iowa or of a standard established by the City in consultation with the Department of Natural Resources, or both, may be classified as an environmental violation.  However, the provisions of this section shall not be applicable until the City has offered to participate in informal negotiations regarding the violation or to the following specific violations:

(Code of Iowa, Sec. 364.22 [1])

1.            A violation arising from noncompliance with a pretreatment standard or requirement referred to in 40 C.F.R. §403.8.

2.            The discharge of airborne residue from grain, created by the handling, drying or storing of grain, by a person not engaged in the industrial production or manufacturing of grain products or by a person engaged in such industrial production or manufacturing if such discharge occurs from September 15 to January 15.

4.03          PENALTIES.   A municipal infraction is punishable by the following civil penalties:

(Code of Iowa, Sec. 364.22 [1])

1.            Standard Civil Penalties.

A.  First Offense -  Not to exceed $500.00

B.  Each Repeat Offense - Not to exceed $750.00

(Ord. 00-50 – Sep. 00 Supp.)

Each day that a violation occurs or is permitted to exist constitutes a repeat offense.

2.            Special Civil Penalties.

A. A municipal infraction arising from noncompliance with a pretreatment standard or requirement, referred to in 40 C.F.R. §403.8, by an industrial user shall be punishable by a penalty of not more than one thousand dollars ($1,000.00) for each day a violation exists or continues.

B. A municipal infraction classified as an environmental violation shall be punishable by a penalty of not more than one thousand dollars ($1,000.00) for each occurrence.  However, an environmental violation shall not be subject to such penalty if all of the following conditions are satisfied:

(1) The violation results solely from conducting an initial startup, cleaning, repairing, performing scheduled maintenance, testing, or conducting a shutdown of either equipment causing the violation or the equipment designed to reduce or eliminate the violation.

(2) The City is notified of the violation within twenty-four (24) hours from the time that the violation begins.

(3) The violation does not continue in existence for more than eight (8) hours.

4.04   CIVIL CITATIONS.  Any officer authorized by the City to enforce this Code of Ordinances may issue a civil citation to a person who commits a municipal infraction.  The citation may be served by personal service as provided in Rule of Civil Procedure 56.1, by certified mail addressed to the defendant at defendant’s last known mailing address, return receipt requested, or by publication in the manner as provided in Rule of Civil Procedure 60 and subject to the conditions of Rule of Civil Procedure 60.1.  A copy of the citation shall be retained by the issuing officer, and one copy shall be sent to the Clerk of the District Court.  The citation shall serve as notification that a civil offense has been committed and shall contain the following information:

(Code of Iowa, Sec. 364.22 [4])

1.            The name and address of the defendant.

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

3.            The location and time of the infraction.

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

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

6.            The time and place of court appearance.

7.            The penalty for failure to appear in court.

4.05          ALTERNATIVE RELIEF.  Seeking a civil penalty as authorized in this chapter does not preclude the City from seeking alternative relief from the court in the same action.  Such alternative relief may include, but is not limited to, an order for abatement or injunctive relief.

(Code of Iowa, Sec. 364.22 [8])

4.06          CRIMINAL PENALTIES.   This chapter does not preclude a peace officer from issuing a criminal citation for a violation of this Code of Ordinances or regulation if criminal penalties are also provided for the violation.  Nor does it preclude or limit the authority of the City to enforce the provisions of this Code of Ordinances by criminal sanctions or other lawful means.

(Code of Iowa, Sec. 364.22[11])

 

 

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CHAPTER 5

OPERATING PROCEDURES

5.01  Oaths	5.07  Conflict of Interest
5.02  Bonds	5.08  Resignations
5.03  Duties:  General	5.09  Removal of Appointed Officers and Employees
5.04  Books and Records	5.10  Vacancies
5.05  Transfer to Successor	5.11  Unlawful Use of City Property
5.06  Meetings	5.12  Gifts

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

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

(Code of Iowa, Sec. 63.1)

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

(Code of Iowa, Sec. 63.10)

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

A. Mayor

B. City Clerk

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

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

5.02          BONDS.  Surety bonds are provided in accordance with the following:

1.            Required.  The Council shall provide by resolution for a surety bond or blanket position bond running to the City and covering the Mayor, Clerk, Treasurer and such other officers and employees as may be necessary and advisable. 

(Code of Iowa, Sec. 64.13)

2.            Bonds Approved.  Bonds shall be approved by the Council. 

(Code of Iowa, Sec. 64.19)

3.            Bonds Filed.  All bonds, after approval and proper record, shall be filed with the Clerk.  

(Code of Iowa, Sec. 64.23[6])

4.            Record.  The Clerk shall keep a book, to be known as the “Record of Official Bonds” in which shall be recorded the official bonds of all City officers, elective or appointive. 

(Code of Iowa, Sec. 64.24[3])

5.03          DUTIES:  GENERAL.  Each municipal officer shall exercise the powers and perform the duties prescribed by law and this Code of Ordinances, or as otherwise directed by the Council unless contrary to State law or City charter.

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

5.04          BOOKS AND RECORDS.  All books and records required to be kept by law or ordinance shall be open to inspection by the public upon request, unless some other provisions of law expressly limit such right or require such records to be kept confidential.

(Code of Iowa, Sec. 22.1 & 22.2)

5.05          TRANSFER TO SUCCESSOR.  Each officer shall transfer to the officer’s successor in office all books, papers, records, documents and property in the officer’s custody and appertaining to that office.

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

5.06          MEETINGS.  All meetings of the Council, any board or commission, or any multimembered body formally and directly created by any of the foregoing bodies shall be held in accordance with the following:

1.            Notice of Meetings.  Reasonable notice, as defined by State law, of the time, date and place of each meeting, and its tentative agenda shall be given.

(Code of Iowa, Sec. 21.4)

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

(Code of Iowa, Sec. 21.3)

3.            Minutes.  Minutes shall be kept of all meetings showing the date, time and place, the members present, and the action taken at each meeting.  The minutes shall show the results of each vote taken and information sufficient to indicate the vote of each member present.  The vote of each member present shall be made public at the open session.  The minutes shall be public records open to public inspection. 

(Code of Iowa, Sec. 21.3)

4.            Closed Session.  A closed session may be held only by affirmative vote of either two-thirds of the body or all of the members present at the meeting and in accordance with Chapter 21 of the Iowa Code.  

(Code of Iowa, Sec. 21.5)

5.            Cameras and Recorders.  The public may use cameras or recording devices at any open session.  

(Code of Iowa, Sec. 21.7)

6.            Electronic Meetings.  A meeting may be conducted by electronic means only in circumstances where such a meeting in person is impossible or impractical and then only in compliance with the provisions of Chapter 21 of the Iowa Code.

(Code of Iowa, Sec. 21.8)

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

(Code of Iowa, Sec. 362.5)

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

(Code of Iowa, Sec. 362.5[1])

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

(Code of Iowa, Sec. 362.5[2])

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

(Code of Iowa, Sec. 362.5[3])

4.            Stock Interests.  Contracts in which a City officer or employee has an interest solely by reason of employment, or a stock interest of the kind described in subsection 8 of this section, or both, if the 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 any part of the contract.

(Code of Iowa, Sec. 362.5[5])

5.            Newspaper.  The designation of an official newspaper. 

(Code of Iowa, Sec. 362.5[6])

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

(Code of Iowa, Sec. 362.5[7])

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

(Code of Iowa, Sec. 362.5[8])

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

(Code of Iowa, Sec. 362.5[9])

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

(Code of Iowa, Sec. 362.5[4])

10.            Cumulative Purchases.  Contracts not otherwise permitted by this section, for the purchase of goods or services which benefit a City officer or employee, if the purchases benefiting that officer or employee do not exceed a cumulative total purchase price of fifteen hundred dollars ($1500.00) in a fiscal year.   

(Code of Iowa, Sec. 362.5[10])

11.            Franchise Agreements.  Franchise agreements between the City and a utility and contracts entered into by the City for the provision of essential City utility services.

(Code of Iowa, Sec. 362.5[12])

5.08          RESIGNATIONS.  An elected officer who wishes to resign may do so by submitting a resignation in writing to the Clerk so that it shall be properly recorded and considered.  A person who resigns from an elective office is not eligible for appointment to the same office during the time for which the person was elected, if during that time the compensation of the office has been increased.

(Code of Iowa, Sec. 372.13[9])

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

(Code of Iowa, Sec. 372.15)

5.10          VACANCIES.  A vacancy in an elective City office during a term of office shall be filled, at the Council’s option, by one of the two following procedures:

(Code of Iowa, Sec. 372.13 [2])

1.            Appointment.  By appointment following public notice by the remaining members of the Council within forty (40) days after the vacancy occurs, except that if the remaining members do not constitute a quorum of the full membership, or if a petition is filed requesting an election, the Council shall call a special election as provided by law. 

(Code of Iowa, Sec. 372.13 [2a])

2.            Election.  By a special election held to fill the office for the remaining balance of the unexpired term as provided by law.   

(Code of Iowa, Sec. 372.13 [2b])

5.11          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 and for personal gain, to the detriment of the City.

(Code of Iowa, Sec. 721.2[5])

5.12          GIFTS.  Except as otherwise provided in Chapter 68B of the Code of Iowa, a public official, public employee or candidate, or that person’s immediate family member, shall not, directly or indirectly, accept or receive any gift or series of gifts from a “restricted donor” as defined in Chapter 68B and a restricted donor shall not, directly or indirectly, individually or jointly with one or more other restricted donors, offer or make a gift or a series of gifts to a public official, public employee or candidate.  

(Code of Iowa, Sec. 68B.22)

 

 

[The next page is 29]

CHAPTER 6

CITY ELECTIONS

6.01  Nominating Method to be Used	6.04  Preparation of Petition and Affidavit
6.02  Nominations by Petition	6.05  Filing, Presumption, Withdrawals, Objections
6.03  Adding Name by Petition	6.06  Persons Elected

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

(Code of Iowa, Sec. 376.3)

6.02          NOMINATIONS BY PETITION.   Nominations for elective municipal offices of the City may be made by nomination paper or papers signed by not less than twenty-five (25) eligible electors, residents of the City.  

(Code of Iowa, Sec. 45.1)

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

(Code of Iowa, Sec. 45.2)

6.04          PREPARATION OF PETITION AND AFFIDAVIT.  Each eligible elector who signs a nominating petition shall add to the signature the elector’s residence address, and date of signing.  The person whose nomination is proposed by the petition shall not sign it.  Each candidate shall complete and file a signed, notarized affidavit of candidacy.  The affidavit shall be filed at the same time as the nomination petition.  The affidavit shall be in the form prescribed by the Secretary of State and shall include information required by the Code of Iowa.

 (Code of Iowa, Sec. 45.3)

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

(Code of Iowa, Sec. 45.4)

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

(Code of Iowa, Sec. 376.8[3])

 

 

[The next page is 35]

CHAPTER 7

FISCAL MANAGEMENT

7.01   Purpose	7.06   Budget Amendments
7.02   Finance Officer	7.07   Accounting
7.03   Cash Control	7.08   Financial Reports
7.04   Fund Control	7.09   Unauthorized Expenditure
7.05   Operating Budget Preparation

7.01          PURPOSE.  The purpose of this chapter is to establish policies and provide for rules and regulations governing the management of the financial affairs of the City.

7.02          FINANCE OFFICER.  The Finance Officer is the finance and accounting officer of the City and is responsible for the administration of the provisions of this chapter.

7.03   CASH CONTROL.  To assure the proper accounting and safe custody of moneys the following shall apply:

1.            Deposit of Funds.  All moneys or fees collected for any purpose by any City officer shall be deposited through the office of the Finance Officer.  If any said fees are due to an officer, they shall be paid to the officer by check drawn by the Finance Officer and approved by the Council only upon such officer’s making adequate reports relating thereto as required by law, ordinance or Council directive.  

2.            Deposits and Investments.  All moneys belonging to the City shall be promptly deposited in depositories selected by the Council in amounts not exceeding the authorized depository limitation established by the Council or invested in accordance with the City’s written investment policy and State law, including joint investments as authorized by Section 384.21 of the Code of Iowa.

(Code of Iowa, Sec. 384.21, 12B.10, 12C.1)

3.            Petty Cash Fund.  The City Administrator shall be custodian of a petty cash fund not to exceed one hundred dollars ($100.00) for the payment of small claims for minor purchases, collect-on-delivery transportation charges and small fees customarily paid at the time of rendering a service for which payments the City Administrator shall obtain some form of receipt or bill acknowledged as paid by the vendor or agent.  At such time as the petty cash fund is approaching depletion, the City Administrator shall draw a check for replenishment in the amount of the accumulated expenditures and said check and supporting detail shall be submitted to the Council as a claim in the usual manner for claims and charged to the proper funds and accounts.  It shall not be used for salary payments or other personal services or personal expenses.   

(Ord. 04-72 – Mar. 04 Supp.)

7.04   FUND CONTROL.  There shall be established and maintained separate and distinct funds in accordance with the following: 

1.            Revenues.  All moneys received by the City shall be credited to the proper fund as required by law, ordinance or resolution.

2.            Expenditures.  No disbursement shall be made from a fund unless such disbursement is authorized by law, ordinance or resolution, was properly budgeted, and supported by a claim approved by the Council. 

3.            Emergency Fund.  No transfer may be made from any fund to the emergency fund.   

(IAC, 545-2.5 [384,388], Sec. 2.5[2])

4.            Debt Service Fund.  Except where specifically prohibited by State law, moneys may be transferred from any other City fund to the debt service fund to meet payments of principal and interest.  Such transfers must be authorized by the original budget or a budget amendment.

(IAC, 545-2.5[384,388] Sec. 2.5[3])

5.            Capital Improvements Reserve Fund.  Except where specifically prohibited by State law, moneys may be transferred from any City fund to the capital improvements reserve fund.  Such transfers must be authorized by the original budget or a budget amendment.   

(IAC, 545-2.5[384,388] Sec. 2.5[4])

6.            Utility and Enterprise Funds.  A surplus in a utility or enterprise fund may be transferred to any other City fund, except the Emergency Fund and Road Use Tax Funds, by resolution of the Council.  A surplus may exist only after all required transfers have been made to any restricted accounts in accordance with the terms and provisions of any revenue bonds or loan agreements relating to the utility or enterprise fund.  A surplus is defined as the cash balance in the operating account or the unrestricted retained earnings calculated in accordance with generally accepted accounting principles in excess of:

A. The amount of the expense of disbursements for operating and maintaining the utility or enterprise for the preceding three (3) months, and

B. The amount necessary to make all required transfers to restricted accounts for the succeeding three (3) months.   

(IAC, 545-2.5[384,388], Sec. 2.5[5])

7.            Balancing of Funds.  Fund accounts shall be reconciled at the close of each month and a report thereof submitted to the Council.   

7.05          OPERATING BUDGET PREPARATION.  The annual operating budget of the City shall be prepared in accordance with the following:

1.            Proposal Prepared.  The Finance Officer shall be responsible for preparation of the annual budget detail, for review by the Mayor and Council and adoption by the Council in accordance with directives of the Mayor and Council.   

2.            Boards and Commissions.  All boards, commissions and other administrative agencies of the City that are authorized to prepare and administer budgets must submit their budget proposals to the Finance Officer for inclusion in the proposed City budget no later than January 15 of each year and in such form as may be required by the Finance Officer.

3.            Submission to Council.  The Finance Officer shall submit the completed budget proposal to the Council no later than February 1 of each year.

4.            Council Review.  The Council shall review the proposed budget and may make any adjustments in the budget which it deems appropriate before accepting such proposal for publication, hearing and final adoption.   

5.            Notice of Hearing.  Upon adopting a proposed budget the Council shall set a date for public hearing thereon to be held before March 15 and cause notice of such hearing and a summary of the proposed budget to be published not less than four (4) nor more than twenty (20) days before the date established for the hearing.  Proof of such publication must be filed with the County Auditor.  

(Code of Iowa, Sec. 384.16[3])

6.            Copies of Budget on File.  Not less than twenty (20) days before the date that the budget must be certified to the County Auditor and not less than ten (10) days before the public hearing, the Clerk shall make available a sufficient number of copies of the detailed budget to meet the requests of taxpayers and organizations, and have them available for distribution at the offices of the Mayor and Clerk and at the City library.  

(Code of Iowa, Sec. 384.16[2])

7.            Adoption and Certification.  After the hearing, the Council shall adopt, by resolution, a budget for at least the next fiscal year and the Clerk shall certify the necessary tax levy for the next fiscal year to the County Auditor and the County Board of Supervisors.  The tax levy certified may be less than, but not more than, the amount estimated in the proposed budget.  Two copies each of the detailed budget as adopted and of the tax certificate must be transmitted to the County Auditor.

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

7.06          BUDGET AMENDMENTS.  A City budget finally adopted for the following fiscal year becomes effective July 1 and constitutes the City appropriation for each program and purpose specified therein until amended as provided by this section.

(Code of Iowa, Sec. 384.18)

1.            Program Increase.  Any increase in the amount appropriated to a program must be prepared, adopted and subject to protest in the same manner as the original budget.

(IAC, 545-2.2 [384, 388])

2.            Program Transfer.  Any transfer of appropriation from one program to another must be prepared, adopted and subject to protest in the same manner as the original budget.  

(IAC, 545-2.3 [384, 388])

3.            Activity Transfer.  Any transfer of appropriation from one activity to another activity within a program must be approved by resolution of the Council.  

(IAC, 545-2.4 [384, 388])

4.            Administrative Transfers.  The Finance Officer shall have the authority to adjust, by transfer or otherwise, the appropriations allocated within a specific activity without prior Council approval.  

(IAC, 545-2.4 [384, 388])

7.07          ACCOUNTING.  The accounting records of the City shall consist of not less than the following:

1.            Books of Original Entry.  There shall be established and maintained books of original entry to provide a chronological record of cash received and disbursed.  

2.            General Ledger.  There shall be established and maintained a general ledger controlling all cash transactions, budgetary accounts and for recording unappropriated surpluses.   

3.            Checks.  Checks shall be prenumbered and signed by any two of the following officers — the Finance Officer, Clerk and Mayor — following Council approval, except as provided by subsection 5 hereof.  

4.            Budget Accounts.  There shall be established such individual accounts to record receipts by source and expenditures by program, sub-program and activity as will provide adequate information and control for budgeting purposes as planned and approved by the Council.  Each individual account shall be maintained within its proper fund and so kept that receipts can be immediately and directly compared with revenue estimates and expenditures can be related to the authorizing appropriation.  No expenditure shall be posted except to the appropriation for the function and purpose for which the expense was incurred.

5.            Immediate Payment Authorized.  The Council may by resolution authorize the Clerk to issue checks for immediate payment of amounts due, which if not paid promptly would result in loss of discount, penalty for late payment or additional interest cost.  Any such payments made shall be reported to the Council for review and approval with and in the same manner as other claims at the next meeting following such payment.  The resolution authorizing immediate payment shall specify the type of payment so authorized and may include but is not limited to payment of utility bills, contractual obligations, payroll and bond principal and interest.

7.08          FINANCIAL REPORTS.  The Finance Officer shall prepare and file the following financial reports:

1.            Monthly Reports.  There shall be submitted to the Council each month a report showing the activity and status of each fund, program, sub-program and activity for the preceding month.   

2.            Annual Report.  Not later than October first of each year there shall be published an annual report containing a summary for the preceding fiscal year of all collections and receipts, all accounts due the City, and all expenditures, the current public debt of the City, and the legal debt limit of the City for the current fiscal year.  A copy of the published annual report must be furnished to the Auditor of State.

(Code of Iowa, Sec. 384.22)

7.09          UNAUTHORIZED EXPENDITURE.  No City official or employee, or any person acting under color of such office or employment, shall knowingly make any contract or authorize any expenditure known by him or her to be in excess of that authorized by law.

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

 

 

 

[The next page is 45]

CHAPTER 8

INDUSTRIAL PROPERTY TAX EXEMPTIONS

8.01  Purpose	8.06  Applications
8.02  Definitions	8.07  Approval
8.03  Period of Partial Exemption	8.08  Exemption Repealed
8.04  Amounts Eligible for Exemption	8.09  Dual Exemptions Prohibited
8.05  Limitations

8.01          PURPOSE.  The purpose of this chapter is to provide for a partial exemption from property taxation of the actual value added to industrial real estate by the new construction of industrial real estate, research-service facilities, warehouses, distribution centers and the acquisition of or improvement to machinery and equipment assessed as real estate.

8.02          DEFINITIONS.  For use in this chapter the following terms are defined:  

1.            “Actual value added” means the actual value added as of the first year for which the exemption is received, except that actual value added by improvements to machinery and equipment means the actual value as determined by the local assessor as of January 1 of each year for which the exemption is received.   

2.            “Distribution center” means a building or structure used primarily for the storage of goods which are intended for subsequent shipment to retail outlets.  Distribution center does not mean a building or structure used primarily to store raw agricultural products, used primarily by a manufacturer to store goods to be used in the manufacturing process, used primarily for the storage of petroleum products, or used for the retail sale of goods.

3.            “New construction” means new buildings and structures and includes new buildings and structures which are constructed as additions to existing buildings and structures.  New construction does not include reconstruction of an existing building or structure which does not constitute complete replacement of an existing building or structure or refitting of an existing building or structure unless the reconstruction of an existing building or structure is required due to economic obsolescence and the reconstruction is necessary to implement recognized industry standards for the manufacturing and processing of specific products and the reconstruction is required for the owner of the building or structure to continue competitively to manufacture or process those products, which determination shall receive prior approval from the City Council of the City upon the recommendation of the Iowa Department of Economic Development.

4.            “New machinery and equipment assessed as real estate” means new machinery and equipment assessed as real estate pursuant to Section 427A.1, Subsection 1, Paragraph “e”, Code of Iowa, unless the machinery or equipment is part of the normal replacement or operating process to maintain or expand the existing operational status.

5.            “Research-service facilities” means a building or group of buildings devoted primarily to research and development activities, including, but not limited to, the design and production or manufacture of prototype products for experimental use, and corporate research services which do not have a primary purpose of providing on-site services to the public.   

6.            “Warehouse” means a building or structure used as a public warehouse for the storage of goods pursuant to Chapter 554, Article 7, of the Code of Iowa, except that it does not mean a building or structure used primarily to store raw agricultural products or from which goods are sold at retail. 

8.03          PERIOD OF PARTIAL EXEMPTION.  The actual value added to industrial real estate by the new construction of industrial real estate, research-service facilities, warehouses, distribution centers, and the acquisition of or improvement to machinery and equipment assessed as real estate, is eligible to receive a partial exemption from taxation for a period of five (5) years. 

8.04          AMOUNTS ELIGIBLE FOR EXEMPTION.  The amount of actual value added which is eligible to be exempt from taxation shall be as follows:   

1.            For the first year, seventy-five percent (75%) 

2.            For the second year, sixty percent (60%)

3.            For the third year, forty-five percent (45%) 

4.            For the fourth year, thirty percent (30%) 

5.            For the fifth year, fifteen percent (15%)

8.05          LIMITATIONS.  The granting of the exemption under this chapter shall be limited as follows:

1.            New construction constituting complete replacement of an existing building or structure shall not result in the assessed value of the industrial real estate being reduced below the assessed value of the industrial real estate before the start of the new construction added;

2.            No exemptions shall be allowed for new construction located within an area subject to a tax incremental financing within the James Subdivision Urban Development area.

(Ord. 98-30 - Nov. 98 Supp.)

8.06          APPLICATIONS.  An application shall be filed for each project resulting in actual value added for which an exemption is claimed. 

1.            The application for exemption shall be filed by the owner of the property with the local assessor by February 1 of the assessment year in which the value added is first assessed for taxation.   

2.            Applications for exemption shall be made on forms prescribed by the Director of Revenue and shall contain information pertaining to the nature of the improvement, its cost, and other information deemed necessary by the Director of Revenue.

8.07          APPROVAL.  A person may submit a proposal to the City Council to receive prior approval for eligibility for a tax exemption on new construction.  If the City Council resolves to consider such proposal, it shall publish notice and hold a public hearing thereon.  Thereafter, at least thirty days after such hearing the City Council, by ordinance, may give its prior approval of a tax exemption for new construction if the new construction is in conformance with City zoning.  Such prior approval shall not entitle the owner to exemption from taxation until the new construction has been completed and found to be qualified real estate.  

8.08          EXEMPTION REPEALED.  When in the opinion of the City Council continuation of the exemption granted by this chapter ceases to be of benefit to the City, the City Council may repeal this chapter, but all existing exemptions shall continue until their expiration.

8.09   DUAL EXEMPTIONS PROHIBITED.  A property tax exemption under this chapter shall not be granted if the property for which the exemption is claimed has received any other property tax exemption authorized by law. 

 

° ° ° ° ° ° ° ° ° °

CHAPTER 9

RESIDENTIAL PROPERTY TAX EXEMPTIONS

 

(Repealed by Ordinance No. 00-48 – Apr. 00 Supp.)

 

 

 

[The next page is 55]

 

CHAPTER 10

COMMERCIAL PROPERTY TAX EXEMPTIONS

10.01  Designation of Urban Revitalization Area	10.05  Tax Exemption Schedule
10.02  Applicability to Commercial Property	10.06  Relocation
10.03  Definitions	10.07  Outside Funding Assistance
10.04  Qualifications for Eligibility	10.08  Application and Prior Approval

10.01    DESIGNATION OF URBAN REVITALIZATION AREA.  In accordance with Chapter 404 of the Code of Iowa, the City has designated an urban revitalization area and has adopted an urban revitalization plan for said area.  The geographic description of the Urban Revitalization District is the entire area within the corporate boundaries of the City. 

10.02    APPLICABILITY TO COMMERCIAL PROPERTY.  The revitalization is applicable to all commercial property within the designated district.  The revitalization is for both new construction and rehabilitation/additions of existing structures.  The District was designed a revitalization area on January 4, 1994, and shall continue through December 31, 2013.                                                                                          (Ord. 03-70 – Nov. 03 Supp.)

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

1.            “Date of beginning of new construction of a building” means the date on which occurs the first placement of permanent construction materials which are to become part of a building, such as pouring of slabs or footings, or any work beyond the stage of excavation.

2.            “Date of beginning of rehabilitation of or additions to an existing building” means, with respect to each individual project involving rehabilitation or additions, the earliest date of which either of the following occurs:  the first placement of permanent construction materials which are to become a physical portion of the rehabilitation or addition; or the first alteration of any wall, ceiling, floor or other structural part of the existing building.

3.            “Qualified tenant” means the legal occupant of a commercial unit which is located within the District and who has occupied the same unit continuously since one year prior to the City’s adoption of the revitalization plan.

10.04    QUALIFICATIONS FOR ELIGIBILITY.  Improvements are eligible for the tax abatement plan provided they satisfy all of the following requirements:

1.            The improvements must be added during the time the area is designated as a revitalization area.

2.            Improvements, consisting of rehabilitation or additions to existing buildings, must increase the actual value of the qualified real estate by at least fifteen percent (15%).

3.            The improvements must be completed in accordance with all applicable zoning and other regulations of the City.

4.            The improvements must not be located within an area subject to tax incremental financing within an area described as follows:

An area bounded by Cottonwood on the west, Lincoln Street on the east, Townline Road on the north; and Spencer Street as extended straight through from Lincoln Street to Cottonwood on the south.

(Ord. 01-54 ‑ May 01 Supp.)

10.05    TAX EXEMPTION SCHEDULE.  Each property owner may implement upon application and approval by the Council, as follows:  All qualified real estate is eligible to receive a partial exemption from taxation on the actual value added by the improvements for a period of five (5) years.  The amount of partial exemption is equal to a percent of the actual value added by the improvements determined as follows:

1.            First year, eighty percent (80%);

2.            Second year, sixty percent (60%);

3.            Third year, forty percent (40%);

4.            Fourth year, thirty percent (30%);

5.            Fifth year, fifteen percent (15%).

10.06    RELOCATION.  In the event relocation occurs as a result of the tax abatement program, the following provisions must be met:

1.            Benefits.  Upon application for and verification of eligibility for tax abatement to a property owner by the City, qualified tenants in designated areas, whose displacement is due to action on the part of a property owner to qualify for tax abatement under the revitalization plan, shall be compensated by the property owner for one month’s rent and for actual reasonable moving and related expenses.

2.            Eligibility.  “Qualified tenant” as used in the revitalization plan means the legal occupant of a commercial unit which is located within the district and who has occupied the same unit continuously since one year prior to the City’s adoption of the revitalization plan.

3.            Actual reasonable moving and related expenses for which a qualified tenant of a commercial unit is entitled to include:

A. Transportation of the displaced person and personal property from the displacement to the replacement site.  Transportation costs for a distance beyond twenty-five (25) miles are not eligible.

B. Packing, crating, unpacking and uncrating of personal property.

C. Disconnecting, dismantling, removing, reassembling and reinstalling relocated household appliances and other personal property.

4.            Least Costly Approach.  The amount of compensation for an eligible expense shall not exceed the least costly method of accomplishing the objective of the compensation without causing undue hardship to the displaced tenant and/or landlord.

10.07    OUTSIDE FUNDING ASSISTANCE.  The City may seek Federal and/or State grant or loan programs in developing proposed projects.  Federal programs are available through the Department of Housing and Urban Development (HUD) and the Farmers Home Administration (FmHA).  State programs are available through the Iowa Housing Finance Authority and the Iowa Department of Economic Development.

10.08    APPLICATION AND PRIOR APPROVAL.  A person may submit a proposal for an improvement project to the Council to receive prior approval for eligibility for a tax exemption on the project.  The Council shall, by resolution, give its prior approval for an improvement project if the project is in conformance with the plan for revitalization.  Such prior approval shall not entitle the owner to exemption from taxation until the improvements have been completed and found to be qualified real estate; however, if the proposal is not approved, the person may submit an amended proposal for the Council to approve or reject.  All prior approvals for an improvement project shall be effective for a period of one year from the date of prior approval of the City; if construction has not begun by that date, prior approval is null and void. An application shall be filed for each new exemption claimed.

1.            The first application for an exemption shall be filed by the owner of the property with the Council by February 1 of the assessment year for which the exemption is first claimed, but not later than February 1 of the assessment year following the assessment year in which all improvements included in the project are first assessed for taxation.  The application shall contain, but not be limited to, the following information:

A. The nature of the improvement;

B. The cost of the improvement;

C. The estimated or actual date of completion;

D. The tenants that occupied the owner’s building on the date the City adopted the resolution of finding.

2.            The Council shall approve the application, subject to review by the local assessor, if the project is in conformation with the plan for revitalization developed by the City, is located within a designated revitalization area, and if the improvements were made during the time the area was so designated.  The Council shall forward for review all approved applications to the appropriate local assessor by March 1 of each year.  Applications for exemptions for succeeding years for approved projects shall not be required.

CHAPTER 11

URBAN RENEWAL AREA

 

 

EDITOR’S NOTE
The following ordinances not codified herein, and specifically saved from repeal, have been adopted and provide for Urban Renewal Areas in the City and remain in full force and effect, for division of tax levied on taxable property.
ORDINANCE NO.	ADOPTED	NAME OF AREA
2.19	February 2, 1988	Downtown Urban Renewal Area
05-90	November 1, 2005	Creston Economic Development District 2005 Urban Renewal Project Area
06-98	January 2, 2007	Amended Creston Urban Renewal Area (James Subdivision)
06-99	January 2, 2007	Creston Economic Development District 2006 Urban Renewal Project Area

 

[The next page is 75]

CHAPTER 12

HOTEL AND MOTEL TAX

12.01  Definitions	12.03  Effective Date
12.02  Tax Rate	12.04  Payment of Tax

12.01    DEFINITIONS.  The following terms are defined for use in this chapter.

1.            “Hotel” and “motel” shall be deemed to mean any hotel, motel, inn, public lodging house, rooming house, mobile home which is tangible personal property, tourist court or any place where sleeping accommodations are furnished to transient guests for rent, whether with or without meals, except the gross receipts from the renting of sleeping rooms in dormitories and in memorial unions of all State of Iowa universities and colleges.

2.            “Renting” and “rent,” shall include any kind of direct or indirect charge for such sleeping rooms, apartments or sleeping quarters in hotel or motel, as defined in this chapter.

12.02    TAX RATE.  A tax is hereby imposed upon the gross receipts from the renting of any and all rooms, apartments or sleeping quarters in any hotel or motel as defined in this chapter at the rate of seven percent (7%) of such gross receipts derived from the renting of a room, apartment or sleeping quarters while rented by the same person for a period of not more than thirty-one (31) consecutive days.

12.03    EFFECTIVE DATE.  The tax herein above established shall be effective on January 1, 2003.  The provision of this chapter may be repealed or the tax herein levied may be decreased by ordinance of the City effective on a date and in a manner provided by State law.

12.04    PAYMENT OF TAX.  Such tax shall be paid as is provided in Chapter 422A of the Iowa Code.  Proceeds of such tax shall be used for the purposes stated in said chapter.

(Ch. 12 – Ord. 02-63 – Dec. 02 Supp.)

 

[The next page is 85]

 

CHAPTER 15

MAYOR

15.01  Term of Office	15.04  Compensation
15.02  Powers and Duties	15.05  Voting
15.03  Appointments

15.01    TERM OF OFFICE.  The Mayor is elected for a term of four (4) years.

(Code of Iowa, Sec. 376.2)

15.02    POWERS AND DUTIES.  The powers and duties of the Mayor are as follows:

1.            Chief Executive Officer.  Act as the chief executive officer of the City and presiding officer of the Council.           (Ord. 00-46 – Apr. 00 Supp.)

(Code of Iowa, Sec. 372.14[1])

2.            Proclamation of Emergency.  Have authority to take command of the police and govern the City by proclamation, upon making a determination that a time of emergency or public danger exists.  Within the City limits, the Mayor has all the powers conferred upon the Sheriff to suppress disorders.

(Code of Iowa, Sec. 372.14[2])

3.            Special Meetings.  Call special meetings of the Council when the Mayor deems such meetings necessary to the interests of the City.   

(Code of Iowa, Sec. 372.14[1])

4.            Mayor’s Veto.  Sign, veto or take no action on an ordinance, amendment or resolution passed by the Council.  If the Mayor exercises such veto power, the Mayor shall explain the reason for such veto in a written message to the Council at the time of the veto.  The Council may override the Mayor’s veto by a two-thirds majority of the Council members.

(Code of Iowa, Sec. 380.5 & 380.6[2])

5.            Reports to Council.  Make such oral or written reports to the Council as required.  These reports shall concern municipal affairs generally, the municipal departments, and recommendations suitable for Council action. 

6.            (Repealed by Ordinance No. 00-46 – Apr. 00 Supp.)

7.            Contracts.  Whenever authorized by the Council, sign contracts on behalf of the City.   

8.            (Repealed by Ordinance No. 00-46 – Apr. 00 Supp.)

9.            Licenses and Permits.  Sign all licenses and permits which have been granted by the Council, except those designated by law or ordinance to be issued by another municipal officer. 

10.            (Repealed by Ordinance No. 00-46 – Apr. 00 Supp.)

11.            Absentee Officer.  Make appropriate provision that duties of any absentee officer be carried on during such absence.  

15.03    APPOINTMENTS.  The Mayor shall appoint the Mayor Pro Tem, Police Chief and Fire Chief, Finance Committee, and the Mayor also appoints, with Council approval, the following officials:

(Code of Iowa, Sec. 372.4)

1.            Library Board of Trustees

2.            Cemetery Board

3.            Utility Board of Trustees

4.            Civil Service Commission

5.            Historic Preservation Commission

6.            Zoning Board of Adjustment

7.            Crest Area Arts and Recreation Center Board

8.            Animal Control Officer.

In addition, the Mayor recommends individuals, for appointment by the Council, for membership on the Planning and Zoning Commission and Airport Commission.

(Ord. 00-46 – Apr. 00 Supp.)

15.04    COMPENSATION.  The salary of the Mayor is forty-eight hundred dollars ($4800.00) per year, which sum includes $1200.00 to cover expenses.  Effective January 1, 2008, the salary of the Mayor shall be one thousand dollars ($1,000.00) per month.                                                      (Ord. 06-96 – Oct. 06 Supp.)

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

15.05    VOTING.  The Mayor is not a member of the Council and may not vote as a member of the Council.

(Code of Iowa, Sec. 372.4)  

 

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CHAPTER 16

MAYOR PRO TEM

16.01  Vice President of Council	16.03  Voting Rights
16.02  Powers and Duties	16.04  Compensation

16.01    VICE PRESIDENT OF COUNCIL.  The Mayor Pro Tem is vice president of the Council.

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

16.02    POWERS AND DUTIES.  Except for the limitations otherwise provided herein, the Mayor Pro Tem shall perform the duties of the Mayor in cases of absence or inability of the Mayor to perform such duties.  In the exercise of the duties of the office the Mayor Pro Tem shall not have power to employ, or discharge from employment, officers or employees that the Mayor has the power to appoint, employ or discharge without the approval of the Council.

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

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

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

16.04    COMPENSATION.  If the Mayor Pro Tem performs the duties of the Mayor during the Mayor’s absence or disability for a continuous period of fifteen (15) days or more, the Mayor Pro Tem may be paid for that period the compensation as determined by the Council, based upon the Mayor Pro Tem’s performance of the Mayor’s duties and upon the compensation of the Mayor.

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

 

 

° ° ° ° ° ° ° ° ° °

CHAPTER 17

COUNCIL

17.01  Number and Term of Council	17.04  Meetings
17.02  Powers and Duties	17.05  Appointments
17.03  Exercise of Power	17.06  Compensation

17.01    NUMBER AND TERM OF COUNCIL.  The Council consists of two (2) Council Members elected at large and one Council Member from each of five (5) wards as established by the Code of Ordinances, elected for overlapping terms of four (4) years.

17.02    POWERS AND DUTIES.  The powers and duties of the Council include, but are not limited to the following:

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

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

2.            Wards.  By ordinance, the Council may divide the City into wards based upon population, change the boundaries of wards, eliminate wards or create new wards.  

(Code of Iowa, Sec. 372.13[7])

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

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

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

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

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

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

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

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

7.            Records.  The Council shall require the Clerk to maintain records of its proceedings.

(Code of Iowa, Sec. 372.13[3])

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

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

17.03    EXERCISE OF POWER.  The Council shall exercise a power only by the passage of a motion, a resolution, an amendment, or an ordinance in the following manner:

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

1.            Action by Council.  Passage of an ordinance, amendment or resolution requires a majority vote of all of the members of the Council.  Passage of a motion requires a majority vote of a quorum of the Council.  A resolution must be passed to spend public funds in excess of one hundred thousand dollars ($100,000.00) on a public improvement project, or to accept public improvements and facilities upon their completion.  Each Council member’s vote on a measure must be recorded.  A measure which fails to receive sufficient votes for passage shall be considered defeated.                           (Ord. 07-104 – Dec. 07 Supp.)

(Code of Iowa, Sec. 380.4)

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

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

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

A. 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 Council repasses the measure after the Mayor’s veto, a resolution becomes effective immediately upon repassage, and an ordinance or amendment becomes a law when published, unless a subsequent effective date is provided within 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])

17.04    MEETINGS.  Procedures for giving notice of meetings of the Council and other provisions regarding the conduct of Council meetings are contained in Section 5.06 of this Code of Ordinances.  Additional particulars relating to Council meetings are the following:

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

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

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

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

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

4.            Rules of Procedure.  The Council shall determine the rules of its own proceedings by resolution and the Clerk shall keep such rules on file for public inspection.   

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

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

17.05    APPOINTMENTS.  The Council shall appoint the following officials and prescribe their powers, duties, compensation and term of office:

1.            City Clerk

2.            City Attorney

3.            Finance Officer

4.            Public Works Director

5.            Airport Commission, upon recommendation of the Mayor

6.            Planning and Zoning Commission, upon recommendation of the Mayor.

17.06    COMPENSATION.  The salary of each Council member is eighteen dollars ($18.00) for each meeting attended.  Effective January 1, 2008, the salary of each Council member shall be three hundred dollars ($300.00) per month.                                                                         (Ord. 06-96 – Oct. 06 Supp.)

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

 

 

[The next page is 97]

CHAPTER 18

CITY CLERK

18.01  Appointment and Compensation	18.08  Records
18.02  Powers and Duties: General	18.09  Attendance at Meetings
18.03  Recording and Publication of Meeting Minutes	18.10  Issue Licenses and Permits
18.04  Recording Measures Considered	18.11  Notify Appointees
18.05  Publication	18.12  Elections
18.06  Authentication	18.13  City Seal
18.07  Certify Measures

18.01    APPOINTMENT AND COMPENSATION.  The Council shall appoint by majority vote a City Clerk to serve at the pleasure of the Council.  The Clerk shall receive such compensation as established by resolution of the Council.

(Code of Iowa, Sec. 372.13[3])

18.02    POWERS AND DUTIES: GENERAL.  The Clerk, or in the Clerk’s absence or inability to act, the Deputy Clerk, has the powers and duties as provided in this chapter, this Code of Ordinances and the law.

18.03    RECORDING AND PUBLICATION OF MEETING MINUTES.  The Clerk shall attend all regular and special Council meetings and within fifteen (15) days following a regular or special meeting shall cause the minutes of the proceedings thereof to be published.  Such publication shall include a list of all claims allowed and a summary of all receipts and shall show the gross amount of the claim.

(Code of Iowa, Sec. 372.13[6])

18.04    RECORDING MEASURES CONSIDERED.  The Clerk shall promptly record each measure considered by the Council, with a statement where applicable, indicating whether the Mayor signed, vetoed or took no action on the measure, and whether the measure was repassed after the Mayor’s veto.

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

18.05    PUBLICATION.  The Clerk shall cause to be published all ordinances, enactments, proceedings and official notices requiring publication as follows:

1.            Time.  If notice of an election, hearing, or other official action is required by the Code of Ordinances or law, the notice must be published at least once, not less than four (4) nor more than twenty (20) days before the date of the election, hearing or other action, unless otherwise provided by law.

(Code of Iowa, Sec. 362.3[1])

2.            Manner of Publication.  A publication required by the Code of Ordinances or law must be in a newspaper published at least once weekly and having general circulation in the City.

(Code of Iowa, Sec. 362.3[2])

18.06    AUTHENTICATION.  The Clerk shall authenticate all such measures except motions with the Clerk’s signature, certifying the time and manner of publication when required.

(Code of Iowa, Sec. 380.7[3])

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

(Code of Iowa, Sec. 380.11)

18.08    RECORDS.  The Clerk shall maintain the specified City records in the following manner:

1.            Ordinances and Codes.  Maintain copies of all effective City ordinances and codes for public use.

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

2.            Custody.  Have custody and be responsible for the safekeeping of all writings or documents in which the City is a party in interest unless otherwise specifically directed by law or ordinance.

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

3.            Maintenance.  Maintain all City records and documents, or accurate reproductions, for at least five (5) years except that ordinances, resolutions, Council proceedings, records and documents, or accurate reproductions, relating to the issuance, cancellation, transfer, redemption or replacement of public bonds or obligations shall be kept for at least eleven (11) years following the final maturity of the bonds or obligations.  Ordinances, resolutions, Council proceedings, records and documents, or accurate reproductions, relating to real property transactions shall be maintained permanently.

(Code of Iowa, Sec. 372.13[3 & 5])

4.            Provide Copy.  Furnish upon request to any municipal officer a copy of any record, paper or public document under the Clerk’s control when it may be necessary to such officer in the discharge of such officer’s duty; furnish a copy to any citizen when requested upon payment of the fee set by Council resolution; under the direction of the Mayor or other authorized officer, affix the seal of the City to those public documents or instruments which by ordinance and Code of Ordinances are required to be attested by the affixing of the seal.

(Code of Iowa, Sec. 372.13[4 & 5] and 380.7 [4])

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

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

18.09    ATTENDANCE AT MEETINGS.  At the direction of the Council, the Clerk shall attend meetings of committees, boards and commissions.  The Clerk shall record and preserve a correct record of the proceedings of such meetings.

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

18.10    ISSUE LICENSES AND PERMITS.  The Clerk shall issue or revoke licenses and permits when authorized by this Code of Ordinances, and keep a record of licenses and permits issued which shall show date of issuance, license or permit number, official receipt number, name of person to whom issued, term of license or permit and purpose for which issued.

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

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

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

18.12    ELECTIONS.  The Clerk shall perform the following duties relating to elections and nominations:

1.            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 than seventy-seven (77) days before the date of the regular City election.

(Code of Iowa, Sec. 376.6)

2.            Accept the nomination petition of a candidate for a City office for filing if on its face it appears to have the requisite number of signatures and is timely filed.

(Code of Iowa, Sec. 376.4)

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

(Code of Iowa, Sec. 376.4)

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

(Code of Iowa, Sec. 376.4)

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

(Code of Iowa, Sec. 376.4)

18.13    CITY SEAL.  The City seal is in the custody of the Clerk and shall be attached by the Clerk to all transcripts, orders and certificates which it may be necessary or proper to authenticate.  The City seal is circular in form, in the center of which is the word “CRESTON” and around the margin of which are the words “CITY SEAL” and “IOWA.”

CHAPTER 19

CITY TREASURER

19.01  Appointment	19.03  Duties of Treasurer
19.02  Compensation

19.01    APPOINTMENT.  The City Administrator is the Treasurer and performs all functions required of the position of Treasurer.

(Ord. 06-97 – Jan. 07 Supp.)

19.02    COMPENSATION.  The Finance Officer receives no additional compensation for performing the duties of the Treasurer.

19.03    DUTIES OF TREASURER.  The duties of the Treasurer are as follows:

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

1.            Custody of Funds.  Be responsible for the safe custody of all funds of the City in the manner provided by law, and Council direction.  

2.            Record of Fund.  Keep the record of each fund separate. 

3.            Record Receipts.  Keep an accurate record of all money or securities received by the Treasurer on behalf of the City and specify the date, from whom, and for what purpose received. 

4.            Record Disbursements.  Keep an accurate account of all disbursements, money or property, specifying date, to whom, and from what fund paid. 

5.            Special Assessments.  Keep a separate account of all money received by the Treasurer from special assessments. 

6.            Deposit Funds.  Upon receipt of moneys to be held in the Treasurer’s custody and belonging to the City, deposit the same in depositories selected by the Council.

7.            Reconciliation.  Reconcile depository statements with the Treasurer’s books and certify monthly to the Council the balance of cash and investments of each fund and amounts received and disbursed.

8.            Debt Service.  Keep a register of all bonds outstanding and record all payments of interest and principal.

9.            Other Duties.  Perform such other duties as specified by the Council by resolution or ordinance. 

10.            Reconciliation with Clerk.  Reconcile the Treasurer’s books with the Clerk’s every month.

CHAPTER 20

CITY ATTORNEY

20.01  Appointment and Compensation	20.06  Opinion on Contracts
20.02  Attorney for City	20.07  Provide Legal Opinion
20.03  Power of Attorney	20.08  Attendance at Council Meetings
20.04  Ordinance Preparation	20.09  Prepare Documents
20.05  Review and Comment	20.10  Representation of City Employees

20.01    APPOINTMENT AND COMPENSATION.  The Council shall appoint by majority vote a City Attorney to serve at the pleasure of the Council.  The City Attorney shall receive such compensation as established by resolution of the Council.

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

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

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

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

20.04    ORDINANCE PREPARATION.  The City Attorney shall prepare those ordinances which the Council may desire and direct to be prepared and report to the Council upon all such ordinances before their final passage by the Council and publication.

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

20.05    REVIEW AND COMMENT.  The City Attorney shall, upon request, make a report to the Council and interested department heads, giving an opinion on all contracts, documents, resolutions, or ordinances submitted to or coming under the City Attorney’s notice.  

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

20.06    OPINION ON CONTRACTS.  The City Attorney shall, at the request of the Council, offer a written opinion on and recommend alterations pertaining to contracts involving the City before they become binding upon the City. 

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

20.07    PROVIDE LEGAL OPINION.  The City Attorney shall, upon request, give advice or a written legal opinion upon all questions of law relating to City matters submitted by the Mayor or Council.

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

20.08    ATTENDANCE AT COUNCIL MEETINGS.  The City Attorney shall attend meetings of the Council at the request of the Mayor or Council.

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

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

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

20.10    REPRESENTATION OF CITY EMPLOYEES.  The City Attorney shall not appear on behalf of any City officer 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 Council, appear to defend any City 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.

(Code of Iowa, Sec. 670.8)

 

 

CHAPTER 21

CITY ADMINISTRATOR

21.01  Office Created	21.03  Duties
21.02  Compensation

21.01    OFFICE CREATED.  The office of City Administrator is hereby created, which office shall be filled by a majority vote of Council.  The appointee shall hold office during the pleasure of the Council and shall be subject to removal by a majority vote of the Council.

21.02    COMPENSATION.  The City Administrator shall receive such annual salary as the Council shall from time to time determine by resolution and the payment shall be made biweekly from the Treasury of the City in the manner provided for payment of other officers and employees.

21.03    DUTIES.  The powers and duties of the City Administrator shall include the following:

1.                  Attend all meetings of the Council unless excused by the Council.

2.                  Attend meetings of the administrative boards and commissions of the City as required by the Council.

3.                  Administration of all ordinances, resolutions, Council policies, directives and procedures.

4.                  Recommend to the Council such measures as he or she deems necessary or expedient for good government and the welfare of the City.

5.                  Prepare and administer the City’s annual operating budget.

6.                  Keep the Council fully advised as to financial and other conditions of the City and of its future needs.

7.                  Prepare and submit to the Council annually the required budgets.

8.                  Be responsible for all bookkeeping and accounting procedures for the City in accordance with generally accepted accounting principles.  Be responsible for the completion of the annual City audit through outside contractors.

9.                  Conduct a continuous study of the City government’s operating procedures, organizations and facilities and made recommendations for fiscal and other policy changes to the Council whenever necessary.

10.             Supervision of City personnel through department heads.

11.             Employ, reclassify or discharge all employees, subject to Council approval, subject to the provisions of the Veteran’s Preference law and the Civil Service law, except the City Clerk, Police Chief and Fire Chief.

12.             Supervise the official conduct and work response of all officers and employees of the City who are appointed or employed by the City Administrator.

13.             Evaluate or oversee the evaluations of the performance of all City employees.

14.             Supervise all purchases of material and supplies and see that such materials and supplies are received and are of a quality and character called for and deemed necessary.

15.             Supervise the maintenance and management of all City property, excluding streets, alleys and sewers and the property improvements and undertaking managed by the Municipal Utility Board of Trustees.

16.             Cooperate with any administrative agency or utility board of trustees.

17.             Perform other duties at the Council’s direction.

18.             Negotiations.  Represent the City in all negotiations properly entered into in accordance with law or ordinance.  The City Administrator shall not represent the City where this duty is specifically delegated to another officer by law, ordinance, or Council direction.

19.             Professional Services.  Upon order of the Council, secure for the City such specialized and professional services not already available to the City.  In executing the order of the Council, the City Administrator shall act in accordance with the Code of Ordinances and the laws of the State.

20.             Nuisances.  Issue written order for removal, at public expense, any nuisance for which no person can be found responsible and liable.

(Subsections 18-20 added by Ord. 00-47 – Apr. 00 Supp.)

(Ch. 21 – Ord. 99-38 – Oct. 99 Supp.)

CHAPTER 22

LIBRARY BOARD OF TRUSTEES

22.01  Public Library	22.07  Nonresident Use
22.02  Library Trustees	22.08  Expenditures
22.03  Qualifications of Trustees	22.09  Annual Report
22.04  Organization of the Board	22.10  Injury to Books or Property
22.05  Powers and Duties	22.11  Theft
22.06  Contracting with Other Libraries	22.12  Notice Posted

22.01    PUBLIC LIBRARY.  The free public library for the City is known as the Matilda J. Gibson Memorial Library.  It is referred to in this chapter as the Library.

22.02    LIBRARY TRUSTEES.  The Board of Trustees of the Library, hereinafter referred to as the Board, consists of four (4) resident members and one nonresident member.  All resident members are to be appointed by the Mayor with the approval of the Council.  The nonresident member is to be appointed by the County Board of Supervisors.

22.03    QUALIFICATIONS OF TRUSTEES.  All resident members of the Board shall be bona fide citizens and residents of the City.  The nonresident member of the Board shall be a bona fide citizen and resident of the unincorporated County.  Members shall be over the age of eighteen (18) years.

22.04    ORGANIZATION OF THE BOARD.  The organization of the Board shall be as follows:

1.            Term of Office.  All appointments to the Board shall be for six (6) years, except to fill vacancies.  Each term shall commence on July first.  Appointments shall be made every two (2) years of one-third (1/3) the total number or as near as possible, to stagger the terms.

2.            Vacancies.  The position of any resident Trustee shall be vacated if such member moves permanently from the City.  The position of a nonresident Trustee shall be vacated if such member moves permanently from the County or into the City.  The position of any Trustee shall be deemed vacated if such member is absent from six (6) consecutive regular meetings of the Board, except in the case of sickness or temporary absence from the City or County.  Vacancies in the Board shall be filled in the same manner as an original appointment except that the new Trustee shall fill out the unexpired term for which the appointment is made. 

3.            Compensation.  Trustees shall receive no compensation for their services. 

22.05    POWERS AND DUTIES.  The Board shall have and exercise the following powers and duties:

1.            Officers.  To meet and elect from its members a President, a Secretary, and such other officers as it deems necessary. 

2.            Physical Plant.  To have charge, control and supervision of the Library, its appurtenances, fixtures and rooms containing the same.

3.            Charge of Affairs.  To direct all affairs of the Library.   

4.            Hiring of Personnel.  To employ a librarian, and authorize the librarian to employ such assistants and employees as may be necessary for the proper management of the Library, and fix their compensation; provided, however, that prior to such employment, the compensation of the librarian, assistants and employees shall have been fixed and approved by a majority of the members of the Board voting in favor thereof. 

5.            Removal of Personnel.  To recommend the removal of the librarian, by a two-thirds (2/3) vote of the Board, and provide procedures for the removal of the assistants or employees for misdemeanor, incompetence or inattention to duty, subject however, to the provisions of Chapter 35C of the Code of Iowa.

6.            Purchases.  To select, or authorize the librarian to select, and make purchases of books, pamphlets, magazines, periodicals, papers, maps, journals, other Library materials, furniture, fixtures, stationery and supplies for the Library within budgetary limits set by the Board.

7.            Use by Nonresidents.  To authorize the use of the Library by nonresidents and to fix charges therefor unless a contract for free service exists.  

8.            Rules and Regulations.  To make and adopt, amend, modify or repeal rules and regulations, not inconsistent with this Code of Ordinances and the law, for the care, use, government and management of the Library and the business of the Board, fixing and enforcing penalties for violations.

9.            Expenditures.  To have exclusive control of the expenditure of all funds allocated for Library purposes by the Council, and of all moneys available by gift or otherwise for the erection of Library buildings, and of all other moneys belonging to the Library including fines and rentals collected under the rules of the Board. 

10.            Gifts.  To accept gifts of real property, personal property, or mixed property, and devises and bequests, including trust funds; to take the title to said property in the name of the Library; to execute deeds and bills of sale for the conveyance of said property; and to expend the funds received by them from such gifts, for the improvement of the Library.  

11.            Enforce the Performance of Conditions on Gifts.  To enforce the performance of conditions on gifts, donations, devises and bequests accepted by the City on behalf of the Library.  

(Code of Iowa, Ch. 661)

12.            Record of Proceedings.  To keep a record of its proceedings.   

13.            County Historical Association.  To have authority to make agreements with the local County historical association where such exists, and to set apart the necessary room and to care for such articles as may come into the possession of the association.  The Trustees are further authorized to purchase necessary receptacles and materials for the preservation and protection of such articles as are in their judgment of a historical and educational nature and pay for the same out of funds allocated for Library purposes.   

22.06    CONTRACTING WITH OTHER LIBRARIES.  The Board has power to contract with other libraries in accordance with the following:

1.            Contracting.  The Board may contract with any other boards of trustees of free public libraries, with any other city, school corporation, private or semiprivate organization, institution of higher learning, township, or County, or with the trustees of any County library district for the use of the Library by their respective residents. 

(Code of Iowa, Sec. 392.5 & Ch. 28E)

2.            Termination.  Such a contract may be terminated at any time by mutual consent of the contracting parties.  It also may be terminated by a majority vote of the electors represented by either of the contracting parties.  Such a termination proposition shall be submitted to the electors by the governing body of a contracting party on a written petition of not less than five (5) percent in number of the electors who voted for governor in the territory of the contracting party at the last general election.  The petition must be presented to the governing body not less than forty (40) days before the election.  The proposition may be submitted at any election provided by law that is held in the territory of the party seeking to terminate the contract. 

22.07    NONRESIDENT USE.  The Board may authorize the use of the Library by persons not residents of the City or County in any one or more of the following ways:

1.            Lending.  By lending the books or other materials of the Library to nonresidents on the same terms and conditions as to residents of the City, or County, or upon payment of a special nonresident Library fee.  

2.            Depository.  By establishing depositories of Library books or other materials to be loaned to nonresidents. 

3.            Bookmobiles.  By establishing bookmobiles or a traveling library so that books or other Library materials may be loaned to nonresidents. 

4.            Branch Library.  By establishing branch libraries for lending books or other Library materials to nonresidents. 

22.08    EXPENDITURES.  All money appropriated by the Council for the operation and maintenance of the Library shall be set aside in an account for the Library.  Expenditures shall be paid for only on orders of the Board, signed by its President and Secretary.

(Code of Iowa, Sec. 384.20 & 392.5)

22.09    ANNUAL REPORT.  The Board shall make a report to the Council immediately after the close of the fiscal year.  This report shall contain statements as to the condition of the Library, the number of books added, the number circulated, the amount of fines collected, and the amount of money expended in the maintenance of the Library during the year, together with such further information as may be required by the Council.

22.10    INJURY TO BOOKS OR PROPERTY.  It is unlawful for a person willfully, maliciously or wantonly to tear, deface, mutilate, injure or destroy, in whole or in part, any newspaper, periodical, book, map, pamphlet, chart, picture or other property belonging to the Library or reading room.

(Code of Iowa, Sec. 716.1)

22.11    THEFT.  No person shall take possession or control of property of the Library with the intent to deprive the Library thereof.

(Code of Iowa, Sec. 714.1)

22.12    NOTICE POSTED.  There shall be posted in clear public view within the Library notices informing the public of the following:

1.            Failure To Return.  Failure to return Library materials for two (2) months or more after the date the person agreed to return the Library materials, or failure to return Library equipment for one (1) month or more after the date the person agreed to return the Library equipment, is evidence of intent to deprive the owner, provided a reasonable attempt, including the mailing by restricted certified mail of notice that such material or equipment is overdue and criminal actions will be taken, has been made to reclaim the materials or equipment.  

(Code of Iowa, Sec. 714.5)

2.            Detention and Search.  Persons concealing Library materials may be detained and searched pursuant to law. 

(Code of Iowa, Sec. 808.12)

° ° ° ° ° ° ° ° ° °

CHAPTER 23

PLANNING AND ZONING COMMISSION

23.01  Planning and Zoning Commission	23.04  Compensation
23.02  Term of Office	23.05  Powers and Duties
23.03  Vacancies

23.01    PLANNING AND ZONING COMMISSION.  There shall be a City Planning and Zoning Commission, here and after referred to as the Commission, consisting of five (5) members.  Commission members shall be qualified by knowledge or experience to act in matters pertaining to the development of a City plan and shall not hold an elective office in the City government.                                                                           (Ord. 04-76 – Oct. 04 Supp.)

(Code of Iowa, Sec. 414.6 & 392.1)

23.02    TERM OF OFFICE.  The term of office of the members of the Commission shall be five (5) years.  The terms of not more than one-third of the members will expire in any one year.

(Code of Iowa, Sec. 392.1)

23.03    VACANCIES.  If any vacancy exists on the Commission caused by resignation, or otherwise, a successor for the residue of the term shall be appointed in the same manner as the original appointee.

(Code of Iowa, Sec. 392.1)

23.04    COMPENSATION.  All members of the Commission shall serve without compensation, except their actual expenses, which shall be subject to the approval of the Council.

(Code of Iowa, Sec. 392.1)

23.05    POWERS AND DUTIES.  The Commission shall have and exercise the following powers and duties:

1.            Selection of Officers.  The Commission shall choose annually at its first regular meeting one of its members to act as Chairperson and another as Vice Chairperson, who shall perform all the duties of the Chairperson during the Chair person’s absence or disability.

(Code of Iowa, Sec. 392.1)

2.            Adopt Rules and Regulations.  The Commission shall adopt such rules and regulations governing its organization and procedure as it may deem necessary.

(Code of Iowa, Sec. 392.1)

3.            Zoning.  The Commission shall have and exercise all the powers and duties and privileges in establishing the City zoning regulations and other related matters and may from time to time recommend to the Council amendments, supplements, changes or modifications, all as provided by Chapter 414 of the Code of Iowa. 

(Code of Iowa, Sec. 414.6)

4.            Recommendations of Improvements.  No statuary, memorial or work of art in a public place, and no public building, bridge, viaduct, street fixtures, public structure or appurtenances, shall be located or erected, or site therefor obtained, nor shall any permit be issued by any department of the City for the erection or location thereof until and unless the design and proposed location of any such improvement shall have been submitted to the Commission and its recommendations thereon obtained, except such requirements and recommendations shall not act as a stay upon action for any such improvement when the Commission after thirty (30) days’ written notice requesting such recommendations, shall have failed to file same.

(Code of Iowa, Sec. 392.1)

5.            Review and Comment on Plats.  All plans, plats, or re-plats of subdivision or re-subdivisions of land embraced in the City or adjacent thereto, laid out in lots or plats with the streets, alleys, or other portions of the same intended to be dedicated to the public in the City, shall first be submitted to the Commission and its recommendations obtained before approval by the Council.

(Code of Iowa, Sec. 392.1)

6.            Review and Comment of Street and Park Improvements.  No plan for any street, park, parkway, boulevard, traffic-way, river front, or other public improvement affecting the City plan shall be finally approved by the City or the character or location thereof determined, unless such proposal shall first have been submitted to the Commission and the Commission shall have had thirty (30) days within which to file its recommendations thereon.  

(Code of Iowa, Sec. 392.1)

7.            Fiscal Responsibilities.  The Commission shall have full, complete and exclusive authority to expend for and on behalf of the City all sums of money appropriated to it, and to use and expend all gifts, donations or payments whatsoever which are received by the City for City planning and zoning purposes. 

(Code of Iowa, Sec. 392.1)

8.            Limitation on Entering Contracts.  The Commission shall have no power to contract debts beyond the amount of its original or amended appropriation as approved by the Council for the present year.

(Code of Iowa, Sec. 392.1)

9.            Annual Report.  The Commission shall each year make a report to the Mayor and Council of its proceedings, with a full statement of its receipts, disbursements and the progress of its work during the preceding fiscal year. 

(Code of Iowa, Sec. 392.1)

° ° ° ° ° ° ° ° ° °

 

CHAPTER 24

PARK AND RECREATION BOARD

24.01  Park and Recreation Board Created	24.04  Reports
24.02  Board Organization	24.05  Rules
24.03  Duties of the Board	24.06  Penalties

24.01    PARK AND RECREATION BOARD CREATED.  A Park and Recreation Board is hereby created to advise the Council on the needed facilities to provide open space such as parks, playgrounds and community facilities for other forms of recreation.  It shall, through the Director of the Park and Recreation Department, plan and oversee City programs, facilities and encourage other programs and facilities to enhance the leisure time activities of the City’s residents of all ages.

24.02    BOARD ORGANIZATION.  The Board shall consist of three (3) members, all residents of the City, and shall be elected and hold their offices for overlapping terms of six (6) years.  Compensation for service shall be at the rate determined by the Council.  The Mayor shall designate the first Chairperson and Vice Chairperson and the Board shall choose its Chairperson and Vice Chairperson every two years thereafter.  Vacancies shall be filled by appointment of the Mayor and Council.

24.03    DUTIES OF THE BOARD.  The duties of the Board are to plan for the facilities and recreational needs of the City and provide policy to the Director for implementation.  The Board has authority over the properties and hiring authority over the Director of the department.  The Director is responsible to the Board for the total department functions.

24.04    REPORTS.  The Board shall make written reports to the Council of its activities by minutes of the monthly meeting as it deems advisable or upon Council request.  Its revenues and expenditures shall be reported monthly by the Finance Officer in the manner of other departmental expenditures, and a copy shall be provided to each member of the Board and to the department head and in the Finance Officer’s report to the Council.

24.05    RULES.  The Board has the power to make rules and regulations for the use of park or other recreational facilities or for the conduct of recreation programs, and any changes of these rules and regulations will be amended by the Board.  Such rules shall be either posted on the facility or otherwise publicized in a manner to provide adequate notice to the using public.

24.06    PENALTIES.    Violations of Board rules may be cause for denial of use of a facility or participation in a program, but such denial which extends more than one day may be appealed to the Board for a hearing.  The violation may be prosecuted as a misdemeanor.

CHAPTER 25

CREST AREA
ARTS AND RECREATION CENTER BOARD

25.01  Board Created	25.04  Reports
25.02  Board Organization	25.05  Rules
25.03  Duties of the Board	25.06  Penalties

25.01    BOARD CREATED.  A Crest Area Arts and Recreation Board is hereby created to operate and maintain the needed facilities for the Crest Area Arts and Recreation Center.  The Board shall also plan and oversee the operation of the Crest Area Arts and Recreation Center program and encourage other programs to be operated in the Crest Area Arts and Recreation Center.

25.02    BOARD ORGANIZATION.  The Board shall consist of five (5) members, with three (3) members being residents of the City appointed by the Mayor, with approval of the Council, for overlapping five-year terms.  The Mayor shall appoint one member from the City Council, one Arts Council member and one at-large member.  The fourth and fifth members shall be appointed by the Creston Community Betterment Foundation and Southwestern Community College, respectively.  The Mayor shall designate the terms of the first appointed members and the first Chairperson and Vice Chairperson and the Board shall choose its Chairperson and Vice Chairperson every one or two years thereafter.  Members shall serve without compensation but may receive their actual expenses.  Vacancies shall be filled by appointment of the Mayor and Council.

25.03    DUTIES OF THE BOARD.  In addition to its duties to operate and maintain the Crest Area Arts and Recreation Center, and oversee and plan programs for the Center, the Board shall have the authority over the property and personnel for the Crest Area Arts and Recreation Center, subject to limitations of expenditures for salaries and supplies, contracts and capital outlay set forth in the annual budget provided for by the Council for the Crest Area Arts and Recreation Center.  The Board shall also cooperate with the Mayor in the allotment of time for City employees for use of the Crest Area Arts and Recreation Center.  The Chairperson shall warrant by the Clerk for invoices submitted and approved by the Board.

25.04    REPORTS.  The Board shall make written reports to the Council of its activities from time to time as the Council requests.  Its revenues and expenditures shall be reported monthly by the Finance Officer in the manner of other departmental revenues and expenditures, and a copy shall be provided to each member of the Board and in the Finance Officer’s report to the Council.

25.05    RULES.  The Board has the power to make rules and regulations for the use of the Crest Area Arts and Recreation Center subject to the approval of the rules by the Council.  Such rules shall be either posted on the facility or otherwise publicized in a manner to provide adequate notice to the using public.

25.06    PENALTIES.    Violations of Board rules which have been approved by the Council and adopted by ordinance may be cause for denial of use of a facility or participation in a program.  The violation of Board rules may be prosecuted as a misdemeanor.

CHAPTER 26

UTILITY BOARD OF TRUSTEES

26.01  Purpose	26.06  Control of Funds
26.02  Appointment of Trustees	26.07  Accounting
26.03  Compensation	26.08  Discriminatory Rates Illegal
26.04  Vacancies	26.09  Discontinuance of Board
26.05  Powers and Duties of the Board

26.01    PURPOSE.  The purpose of this chapter is to provide for the operation of the municipally owned Waterworks Utility by a Board of Trustees.

26.02    APPOINTMENT OF TRUSTEES.  The Mayor shall appoint, subject to the approval of the Council, five (5) persons to serve as trustees for staggered six (6) year terms.  No public officer or salaried employee of the City may serve on the Utility Board.

(Code of Iowa, Sec. 388.3)

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

(Code of Iowa, Sec. 388.3)

26.04    VACANCIES.  An appointment to fill a vacancy on the Board of Trustees shall be made in the same manner as an original appointment except that such appointment shall be for the balance of the unexpired term.

(Code of Iowa, Sec. 388.3)

26.05    POWERS AND DUTIES OF THE BOARD.  The Board of Trustees may exercise all powers of the City in relation to the utility, with the following exceptions:

(Code of Iowa, Sec. 388.4)

1.            Taxes, ordinances and bonds.  The Board may not certify taxes to be levied, pass ordinances or amendments, or issue general obligation or special assessment bonds. 

Code of Iowa, Sec. 388.4[1])

2.            Property.  Title to all property must be in the name of the City but the Board has full control of such property subject to limitations imposed by law.  

(Code of Iowa, Sec. 388.4[2])

3.            Reports to Council.  The Board shall make a detailed annual report to the Council including a complete financial statement.

(Code of Iowa, Sec. 388.4[3])

4.            Proceedings Published.  Immediately following a regular or special meeting, the Board Secretary shall prepare and cause to be published in a newspaper of general circulation in the City a condensed statement of proceedings including a list of all claims.

  (Code of Iowa, Sec. 388.4[4])

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

(Code of Iowa, Sec. 388.5)

26.07    ACCOUNTING.  Utility moneys must be held in a separate utility fund.

(Code of Iowa, Sec. 388.5)

26.08    DISCRIMINATORY RATES ILLEGAL.  The utility may not provide use or service at a discriminatory rate, except to the City or its agencies, as provided in Section 384.91, Code of Iowa.

(Code of Iowa, Sec. 388.6)

26.09    DISCONTINUANCE OF BOARD.  A proposal, on motion of the Council or upon receipt of a valid petition, to discontinue the utility board is subject to the approval of the voters of the City, except that the Board may be discontinued by resolution of the Council when the utility is disposed of or leased for a period of over five (5) years.

(Code of Iowa, Sec. 388.2)

 

 

[The next page is 127]

CHAPTER 27

CIVIL SERVICE COMMISSION

27.01  Purpose	27.06  Chairperson
27.02  Appointment and Term	27.07  Clerk
27.03  Qualifications	27.08  Records
27.04  Human Rights Commission	27.09  Rooms and Supplies
27.05  Compensation	27.10  Powers and Duties

27.01    PURPOSE.  The purpose of this chapter is to provide for the appointment, powers and duties of a Civil Service Commission in accordance with the requirements of State law.

27.02    APPOINTMENT AND TERM.  A Civil Service Commission consisting of three (3) members shall be appointed by the Mayor with the approval of the Council.  Following appointment of the initial Commission according to law one member shall be appointed one (1) year after each regular municipal election to hold office for a term of four (4) years commencing the first Monday of April following such municipal election.

(Code of Iowa, Sec. 400.1)

(Ord. 08-110 – Jul. 08 Supp.)

27.03    QUALIFICATIONS.  Commissioners must be citizens of Iowa, eligible electors and residents of the City preceding their appointment.  No person while on said Commission shall hold or be a candidate for any office of public trust.

(Code of Iowa, Sec. 400.2)

27.04    HUMAN RIGHTS COMMISSION.  Notwithstanding the provisions of Section 27.03, when a human rights commission has been established, the director thereof shall ex officio be a member, without vote, of the Civil Service Commission.

(Code of Iowa, Sec. 400.2)

27.05    COMPENSATION.  Civil service Commissioners shall serve without compensation.

(Code of Iowa, Sec. 400.2)

27.06    CHAIRPERSON.  The Commission shall elect a chairperson from among its members.

(Code of Iowa, Sec. 400.4)

27.07    CLERK.  The City Clerk shall be clerk of the Commission.  

(Code of Iowa, Sec. 400.4)

27.08    RECORDS.  The Civil Service Commission shall keep a record of all its meetings and also a complete individual service record of each civil service employee which record shall be permanent and kept up to date.

(Code of Iowa, Sec. 400.4)

27.09    ROOMS AND SUPPLIES.  The Council shall provide suitable rooms in which the Commission may hold its meetings and supply the Commission with all necessary equipment and a qualified shorthand reporter or an electronic voice recording device to enable it to properly perform its duties.

(Code of Iowa, Sec. 400.5)

27.10    POWERS AND DUTIES.  The Commission shall administer the civil service procedure as contained in Chapter 400, Code of Iowa, and amendments thereto and shall have, exercise and perform all powers and duties as provided thereby. 

CHAPTER 28

CEMETERY BOARD OF TRUSTEES

28.01  Cemetery Board	28.04  Reports
28.02  Board Organization	28.05  Rules
28.03  Duties	28.06  Veterans

28.01    CEMETERY BOARD.  A Cemetery Board of Trustees (hereinafter referred to as the “Board”) is responsible for the maintenance and operation of the municipal cemetery known as Graceland Cemetery, to provide grounds for human interments.  The Board also advises the Council from time to time on the need for additional cemetery facilities.

28.02    BOARD ORGANIZATION.  The Board consists of three (3) members who are residents of the City, appointed by the Mayor with the approval of the Council, for overlapping six-year terms.  The Chairperson is chosen from and by the members of the Board, and he or she serves in that capacity for a term of two (2) years.  Members serve without compensation, but they may receive reimbursement for their actual expenses.

28.03    DUTIES.  As a part of its duties for the maintenance and operation of Graceland Cemetery, the Board oversees the cemetery properties and the hiring and discharge of personnel working on cemetery properties, subject to the limitation of expenditures for salaries and supplies, contracts and capital outlays set forth in the annual budget provided by the Council for cemetery operations.  The Board may appoint a caretaker who shall have authority to order supplies at the direction of the Board, consistent with the procedures established by the Council for all departments of the City, and payments will be made by warrant/check written by the Secretary of the Board for invoices submitted and approved by the Board.

28.04    REPORTS.  The Board shall make written reports to the Council of its activities from time to time as it deems advisable or upon Council request.  Its revenues and expenditures shall be reported monthly by the Secretary of the Board to the Council in the manner of other departmental expenditures, and a copy shall be included in the Finance Officer’s report to the Council.

28.05    RULES.  The Board has the power to make rules and regulations for the use and operations of the cemetery, subject to the approval of the rules by the Council.

28.06    VETERANS.  Any veteran, as defined in Section 35.1 of the Code of Iowa, or a resident of the State who served in the armed forces of the United States, completed a minimum aggregate of ninety days of active Federal service and was discharged under honorable conditions, who is a landowner or who lives within the City shall be allowed to purchase an interment space and to be interred within the cemetery.                                        (Ord. 07-105 – Dec. 07 Supp.)

(Code of Iowa, Sec. 523I.304)

 

CHAPTER 29

AIRPORT COMMISSION

29.01  Airport Commission	29.05  Officers
29.02  Appointment and Term	29.06  Powers and Duties
29.03  Vacancies	29.07  Annual Report
29.04  Compensation

29.01    AIRPORT COMMISSION.  There shall be an airport commission consisting of five (5) resident voters of the City.

(Code of Iowa, Sec. 330.20)

29.02    APPOINTMENT AND TERM.  Commissioners shall be appointed by the Council for staggered terms of six (6) years.

(Code of Iowa, Sec. 330.20)

29.03    VACANCIES.  Vacancies shall be filled by appointment of the Council to fill out the unexpired term for which the appointment was made.  

(Code of Iowa, Sec. 330.20)

29.04    COMPENSATION.  Members of the commission shall serve without compensation.

(Code of Iowa, Sec. 330.20)

29.05    OFFICERS.  The commission shall elect from its own members a chairperson and secretary who shall serve for such term as the commission shall determine.

(Code of Iowa, Sec. 330.20)

29.06    POWERS AND DUTIES.  The commission shall have and exercise the following powers and duties.

1.            General.  The commission has all the powers in relation to airports granted to cities under State law except powers to sell the airport.

(Code of Iowa, Sec. 330.21)  

2.            Budget.  The commission shall annually certify the amount of tax to be levied for airport purposes, and upon such certification the Council may include all or a portion of said amount in its budget. 

(Code of Iowa, Sec. 330.21)

3.            Funds.  All funds derived from taxation or otherwise for airport purposes shall be under the full and absolute control of the commission for the purposes prescribed by law, and shall be deposited with the Treasurer or City Clerk to the credit of the airport commission, and shall be disbursed only on the written orders of the airport commission, including the payment of all indebtedness arising from the acquisition and construction of airports and the maintenance, operation, and extension thereof.   

(Code of Iowa, Sec. 330.21)

29.07    ANNUAL REPORT.  The airport commission shall immediately after the close of each municipal fiscal year, file with the Finance Officer a detailed and audited written report of all money received and disbursed by the commission during said fiscal year, and shall publish a summary thereof in an official newspaper.

(Code of Iowa, Sec. 330.22)

 

 

 

 

[The next page is 135]

CHAPTER 30

HISTORIC PRESERVATION COMMISSION

30.01  Purpose and Intent	30.03  Structure of the Commission
30.02  Definitions	30.04  Powers of the Commission

30.01    PURPOSE AND INTENT.  The purposes of this chapter are to:

1.            Promote the educational, cultural, economic and general welfare of the public through the recognition, enhancement and perpetuation of sites and districts of historical and cultural significance;

2.            Safeguard the City’s historic, aesthetic and cultural heritage by preserving sites and districts of historic and cultural significance;

3.            Stabilize and improve property values;

4.            Foster pride in the legacy of beauty and achievements of the past;

5.            Protect and enhance the City’s attractions to tourists and visitors and the support and stimulus to business thereby provided;

6.            Strengthen the economy of the City;

7.            Promote the use of sites and districts of historic and cultural significance as places for the education, pleasure, and welfare of the people of the City.

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

1.            “Commission” means the Creston Historic Preservation Commission, as established by this chapter.

2.            “Historic district” means an area which contains a significant portion of buildings, structures or other improvements which, considered as a whole, possess integrity of location, design, setting, materials, workmanship, feeling and association, and which area as a whole:

A. Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or

B. Is associated with events that have made significant contributions to the broad patterns of our local, state or national history; or

C. Possesses a coherent and distinctive visual character or integrity based upon similarity of scale, design, color, setting, workmanship, materials or combinations thereof which is deemed to add significantly to the value and attractiveness of properties within such area; or

D. Is associated with the lives of persons significant in our past; or

E. Has yielded, or may be likely to yield, information important in prehistory or history.

3.            “Historic site” means a structure or building which:

A. Is associated with events that have made a significant contribution to the broad patterns of our history; or

B. Is associated with the lives of persons significant in our past; or

C. Embodies the distinctive characteristics of a type, period or method of construction or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or

D. Has yielded, or may be likely to yield, information important in prehistory or history.

30.03    STRUCTURE OF COMMISSION. 

1.            The Commission consists of the Mayor and four (4) members who reside in or around the City of Creston.                  (Ord. 08-108 – Jun. 08 Supp.)

2.            Members of the Commission shall be appointed by the Mayor with the advice and consent of the Council.  Members shall demonstrate a positive interest in historic preservation, possessing interest or expertise in architecture, architectural history, historic preservation, city planning, building rehabilitation, conservation in general or real estate.

3.            The Commission members are appointed for staggered terms of three (3) years.  Members may serve for more than one term.  Each member shall serve until the appointment of a successor.

4.            Vacancies occurring in the Commission, other than expiration of term of office, shall be only for the unexpired portion of the term of the member replaced.

5.            Members shall serve without compensation.

6.            A simple majority of the Commission shall constitute a quorum for the transaction of business.

7.            The Commission shall elect a Chairperson who shall preside over all Commission meetings and elect a Secretary who shall be responsible for maintaining written records of the Commission’s proceedings.

8.            The Commission shall meet at least three (3) times a year.

30.04    POWERS OF THE COMMISSION. 

1.            The Commission may conduct studies for the identification and designation of historic districts and sites meeting the definitions established by this chapter.  The Commission may proceed at its own initiative or upon a petition from any person, group or association.  The Commission shall maintain records of all studies and inventories for public use.

2.            The Commission may make a recommendation to the State Bureau of Historic Preservation for the listing of an historic district or site in the National Register of Historic Places and may conduct a public hearing thereon.

3.            In addition to those duties and powers specified above, the Commission may, with Council approval,

A. Accept unconditional gifts and donations of real and person property, including money, for the purpose of historic preservation;

B. Acquire, by purchase, bequest or donation, fee and lesser interests in historic properties, including properties adjacent to or associated with historic properties;

C. Preserve, restore, maintain and operate historic properties under the ownership or control of the Commission;

D. Lease, sell and otherwise transfer or dispose of historic properties subject to rights of public access and other covenants and in a manner that will preserve the property.

E. Contract, with the approval of the Council, with State or Federal government or other organizations;

F. Cooperate with Federal, State and local governments in the pursuance of the objectives of historic preservation;

G. Provide information for the purpose of historic preservation to the Council; and

H. Promote and conduct an educational and interpretive program on historic properties within its jurisdiction.

I. Create an Endowment whose interest would be used to fund:

(1) The office of Historic Preservation, including a manager, staff person and day-to-day operational costs such as rent, communications and educational expenses.

(2) A matching grant for rehabilitation of potentially historic properties in and around Creston.

(3) A revolving loan program for rehabilitation of potentially historic properties in and around Creston

(4) Historic preservation education opportunities for anyone interested in rehabilitation of potentially historic properties in and around Creston.

(Ord. 08-108 – Jun. 08 Supp.)

 

 

 

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CHAPTER 31

CABLE TELEVISION COMMISSION

31.01  Commission Established

31.02  Term

31.01    COMMISSION ESTABLISHED.  A Cable Television Commission is hereby established to consist of five (5) members comprised as follows:  one (1) Council person, one (1) representative selected by the Council, and three (3) at large representatives.

31.02    TERM.  Each Commission representative shall be appointed for a three (3) year rotating term.

(Ch. 31 – Ord. 98-32 – Jan. 99 Supp.)

 

 

 

° ° ° ° ° ° ° ° ° °

 

CHAPTER 32

CITY FINANCE COMMITTEE

32.01  Finance Committee	32.03  Vacancies
32.02  Term of Office	32.04  Powers and Duties

32.01    FINANCE COMMITTEE.  There shall be created a City Finance Committee, consisting of five (5) members.  The standing members of the City Finance Committee shall be the Mayor and the City Administrator.  The remaining three (3) members shall be three Council persons, appointed by the Mayor and approved by the City Council.                    (Ord. 06-93 – June 06 Supp.)

32.02    TERM OF OFFICE.  The term of office of the members of the Finance Committee shall be four (4) years.  The Finance Committee shall be reappointed in January immediately following each mayoral election, which includes special elections.

32.03    VACANCIES.  If an vacancy exists on the Finance Committee, caused by resignation or otherwise, a successor for the residue of the term shall be appointed in the same manner as the original appointee.

32.04    POWERS AND DUTIES.  The Finance Committee shall have and exercise the following powers and duties:

1.            The Mayor shall serve as the Chairperson of the Finance Committee and the entire Committee shall elect a Vice-Chairperson.  The Chairperson of the Committee will call a meeting at a time in which financial matters must be dealt with concerning City operations.  Also, any member of the Committee shall have the right to request a meeting to deliberate any issue pertinent to the Finance Committee as a whole.  The request for a meeting shall be given to the City Clerk, who shall make the Chairperson or Vice-Chairperson, in the absence of the Chairperson, aware of the request.

2.            The Finance Committee is to review the City annual budget, amend the budget document as necessary and determine the tax levy to carry out the budget and report the budget to the City Council, as a whole, for final passage.

3.            The Finance Committee shall take appointments from City Department Heads or personnel in order to discuss financial matters deemed important to the City operations.

4.            The Finance Committee, as part of their review of the annual City budget, is to receive budget requests, comments and recommendations from any board and/or departments within the City.  Due deliberation is to be given to any and all requests submitted to the Finance Committee.  The Finance Committee will either deny the request or pass favorable comment to the Council as a whole.

5.            The Finance Committee shall review with the City Administrator recommended budget amendments to the current City budget and make recommendations to City Council, as a whole, on such amendments.

6.            The Finance Committee will review grant application funding requests if the applicant cannot obtain such funding through appropriate board action due to budgetary constraints in effect.

7.            The Finance Committee may approve a funding request, on its own authority, if the total costs are not to exceed $5,000.00 and only if the funding is available through the appropriate Program area of the overall City budget currently in effect.

8.            The Finance Committee is responsible for the review of the salaries of all non-bargaining unit employees.  Salary recommendations are to be made to the full Council as to merit increases, cost-of-living increases, changes in benefits or starting wages for new hires.

9.            The Finance Committee will review all contracts in which the City is engaged at least 120 days prior to the expiration date.  Council may approve the contracts as a whole with the recommendation of the Finance Committee.  An example is the contract for hauling residential solid waste.

10.            The City Council, from time to time, may make certain requests of the Finance Committee, as needs dictate.  In each instance, the Finance Committee will only take the role of review and report back to City Council, as a whole, with their findings, unless specifically authorized to take final actions.  Any final actions taken shall be reported to City Council.

11.            The Finance Committee may be asked to assume other duties or responsibilities by action of City Council, which are not outlined in this chapter.  In each instance, the Finance Committee will act accordingly and respond as quickly as possible to any requests made by City Council.

(Ch. 32 – Ord. 04-73 – Mar. 04 Supp.)

 

[The next page is 155]

CHAPTER 35

POLICE DEPARTMENT

35.01  Department Established	35.06  Police Chief Appointed
35.02  Organization	35.07  Duty Hours
35.03  Peace Officer Qualifications	35.08  Police Chief: Duties
35.04  Required Training	35.09  Departmental Rules
35.05  Compensation

35.01    DEPARTMENT ESTABLISHED.  The police department of the City is established to provide for the preservation of peace and enforcement of law and ordinances within the corporate limits of the City.

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

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

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

35.04    REQUIRED TRAINING.  All peace officers shall have received the minimum training required by law at an approved law enforcement training school within one year of employment.  Peace officers shall also meet the minimum in-service training as required by law.

(Code of Iowa, Sec. 80B.11 [2])

 (IAC, 501-3 and 501-8)

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

35.06    POLICE CHIEF APPOINTED.  The Mayor shall appoint the Police Chief.                                                                                    (Ord. 99-43 – Jan. 00 Supp.)

(Code of Iowa, Sec. 400.13)

35.07    DUTY HOURS.  The Police Chief shall be on call twenty-four (24) hours per day, and shall work a regular shift from seven o’clock (7:00) a.m. to three o’clock (3:00) p.m. from Monday through Friday of each week, unless circumstances warrant a different schedule.  All other officers shall work the shifts and hours as directed by the Police Chief.

35.08    POLICE CHIEF:  DUTIES.  The Police Chief has the following powers and duties subject to the approval of the Council.  

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

1.            General.  Perform all duties required of the police chief or marshal by law or ordinance.

2.            Enforce Laws.  Enforce all laws, ordinances and regulations and bring all persons committing any offense before the proper court.

3.            Writs.  Execute and return all writs and other processes directed to the Police Chief.

4.            Accident Reports.  Report all motor vehicle accidents investigated to the State Department of Transportation.  

(Code of Iowa, Sec. 321.266)

5.            Prisoners.  Be responsible for the custody of prisoners, including conveyance to detention facilities as may be required.

6.            Assist Officials.  When requested, provide aid to other City officers, boards and commissions in the execution of their official duties.

7.            Investigations.  Provide for such investigation as may be necessary for the prosecution of any person alleged to have violated any law or ordinance.

8.            Record of Arrests.  Keep a record of all arrests made in  the City by showing whether said arrests were made under provisions of State law or City ordinance, the offense charged, who made the arrest and the disposition of the charge.

9.            Reports.  Compile and submit to the Mayor and Council an annual report as well as such other reports as may be requested by the Mayor or Council.

10.            Command.  Be in command of all officers appointed for police work and be responsible for the care, maintenance and use of all vehicles, equipment and materials of the department.

35.09    DEPARTMENTAL RULES.  The Police Chief shall establish such rules, not in conflict with the Code of Ordinances, and subject to the approval of the Council, as may be necessary for the operation of the department.

CHAPTER 36

FIRE DEPARTMENT

36.01  Establishment and Purpose	36.06  Fire Chief: Duties
36.02  Organization	36.07  Obedience to Fire Chief
36.02A  Volunteer Fire Department	36.08  Department Rules
36.03  Training	36.09  Calls Outside Fire District
36.04  Compensation	36.10  Mutual Aid
36.05  Fire Chief Appointed	36.11  Authority to Cite Violations

36.01    ESTABLISHMENT AND PURPOSE.  A fire department is hereby established to prevent and extinguish fires and to protect lives and property against fires, to promote fire prevention and fire safety, and to answer all emergency calls for which there is no other established agency.  

(Code of Iowa, Sec. 364.16)

36.02    ORGANIZATION.  The department consists of the Fire Chief and such other officers and personnel as may be authorized and approved by the Creston City Council.  The Creston Fire Department shall consist of both professional and volunteer firefighters.                           (Ord. 03-71 – Dec. 03 Supp.)

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

36.02A    VOLUNTEER FIRE DEPARTMENT.  The Volunteer Fire Department Incorporated is recognized as a non-profit corporation to promote the welfare of all firefighting personnel, fire prevention and other civic and social activities as may be specified in the Volunteer Fire Department Incorporated Articles of Incorporation.                       (Ord. 03-71 – Dec. 03 Supp.)

36.03    TRAINING.  All members of the department shall attend and actively participate in regular or special training drills or programs as directed by the Fire Chief.

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

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

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

36.05    FIRE CHIEF APPOINTED.  The Mayor shall appoint the Fire Chief.

36.06    FIRE CHIEF:  DUTIES.  The Fire Chief shall perform all duties required of the Fire Chief by law or ordinance, including but not limited to the following:

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

1.            Enforce Laws.  Enforce ordinances and laws regulating fire prevention and the investigation of the cause, origin and circumstances of fires.

2.            Technical Assistance.  Upon request, give advice concerning private fire alarm systems, fire extinguishing equipment, fire escapes and exits and development of fire emergency plans.

3.            Authority at Fires.  When in charge of a fire scene, direct an operation as necessary to extinguish or control a fire, perform a rescue operation, investigate the existence of a suspected or reported fire, gas leak, or other hazardous condition, or take any other action deemed necessary in the reasonable performance of the department’s duties.

(Code of Iowa, Sec. 102.2)

4.            Control of Scenes.  Prohibit an individual, vehicle or vessel from approaching a fire scene and remove from the scene any object, vehicle, vessel or individual that may impede or interfere with the operation of the fire department.

(Code of Iowa, Sec. 102.2)

5.            Authority to Barricade.  When in charge of a scene, place or erect ropes, guards, barricades or other obstructions across a street, alley, right-of-way, or private property near the location of the fire or emergency so as to prevent accidents or interference with the fire fighting efforts of the fire department, to control the scene until any required investigation is complete, or to preserve evidence related to the fire or other emergency.

(Code of Iowa, Sec. 102.3)

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

7.            Property.  Exercise and have full control over the disposition of all fire apparatus, tools, equipment and other property used by or belonging to the fire department.

8.            Notification.  Whenever death, serious bodily injury, or property damage in excess of two hundred thousand dollars ($200,000) has occurred as a result of a fire, or if arson is suspected, notify the State Fire Marshal’s Division immediately.  For all fires causing an estimated damage of fifty dollars ($50.00) or more or emergency responses by the Fire Department, file a report with the Fire Marshal’s Division within ten (10) days following the end of the month.  The report shall indicate all fire incidents occurring and state the name of the owners and occupants of the property at the time of the fire, the value of the property, the estimated total loss to the property, origin of the fire as determined by investigation, and other facts, statistics, and circumstances concerning the fire incidents. 

(Code of Iowa, Sec. 100.2 & 100.3)

9.            Right of Entry.  Have the right, during reasonable hours, to enter any building or premises within the Fire Chief’s jurisdiction for the purpose of making such investigation or inspection which under law or ordinance may be necessary to be made and is reasonably necessary to protect the public health, safety and welfare.

(Code of Iowa, Sec. 100.12)

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

(Code of Iowa, Sec. 100.13)

11.            Assist State Fire Marshal.  At the request of the State Fire Marshal, and as provided by law, aid said marshal in the performance of duties by investigating, preventing and reporting data pertaining to fires.

(Code of Iowa, Sec. 100.4)

12.            Records.  Cause to be kept records of the fire department personnel, 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.

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

36.07    OBEDIENCE TO FIRE CHIEF.   No person shall willfully fail or refuse to comply with any lawful order or direction of the Fire Chief.

36.08    DEPARTMENT RULES.  The Fire Chief shall establish such rules, not in conflict with this Code of Ordinances and the rules of the Civil Service Commission, and subject to the approval of the Council, as may be necessary for the operation of the department.

36.09    CALLS OUTSIDE FIRE DISTRICT.  The department shall answer calls to fires and other emergencies outside the Fire District if the Fire Chief determines that such emergency exists and that such action will not endanger persons and property within the Fire District.  

(Code of Iowa, Sec. 364.4 [2 & 3])

36.10    MUTUAL AID.  Subject to approval by resolution of the Council, the department may enter into mutual aid agreements with other legally constituted fire departments.  Copies of any such agreements shall be filed with the Clerk.  

(Code of Iowa, Sec. 364.4 [2 & 3])

36.11    AUTHORITY TO CITE VIOLATIONS.  Fire officials acting under the authority of Chapter 100 of the Code of Iowa may issue citations in accordance to Chapter 805 of the Code of Iowa, for violations of state and/or local fire safety regulations.  

(Code of Iowa, Sec. 100.41)

36.12    EMERGENCY AMBULANCE SERVICE.  (REPEALED BY ORDINANCE NO. 97-14 - OCT. 97 SUPP.)

CHAPTER 37

HAZARDOUS SUBSTANCE SPILLS

37.01  Purpose	37.06  Site Access
37.02  Definitions	37.07  Incident Commander
37.03  Mitigation and Cleanup Required	37.08  City Liability
37.04  Liability for Mitigation and Cleanup Costs	37.09  Penalty
37.05  Notification

37.01  PURPOSE.  In order to reduce the danger to public health, safety and welfare from the storage, transportation, and spills of hazardous substances, these regulations are promulgated to establish responsibility for the removal and cleanup of spills, leakage or release of hazardous substances which create an immediate and/or a potential danger to the public health or safety within the boundary limits of Creston.

37.02  DEFINITIONS.  For the purpose of this chapter, these terms have the following meanings:

1.                  “Cleanup” means the same as defined in Section 455B.381 (1), Code of Iowa.

2.                  “Hazardous condition” means any circumstances as defined in Section 455B.381 Subsection 4, Code of Iowa.

3.                  “Hazardous substance” means any substance as defined in Section 455B.411 Subsection 2, Code of Iowa.

4.                  “Hazardous waste” means such wastes as defined in Section 455B.411 Subsection 3 (a) and (b), Code of Iowa.

5.                  “Incident Commander” means the Fire Chief or his or her duly appointed designee, of the Fire Department in whose district said release or potential release has occurred.  The Chief or his or her duly appointed designee may also appoint one or more Fire Chiefs or Assistant Fire Chiefs of any municipality or Fire District or Fire Department as his or her temporary deputy, or may delegate the duties of Incident Commander to one or more such Fire Chiefs or Assistant Fire Chiefs, at his or her discretion.

6.                  “Mitigation” means any action designed to contain, control, stop or eliminate a release or potential release of a hazardous substance or waste or condition.

7.                  “Release” means a threatened or real emission, discharge, spillage, leakage, pumping, pouring, emptying or dumping of a hazardous substance into or onto the land, air, or waters of Creston as stated in Section 455B.381 Subsection 8, Code of Iowa.

8.                  “Responsible person” means a person who at any time produces, handles, stores, uses, transports, refines, or disposes of a hazardous substance, the release of which creates a hazardous condition, including bailees, carriers, and any person in control of a hazardous substance when a hazardous condition occurs, whether the person owns the hazardous substance or is operating under a lease, contract, or other agreement with the legal owner of the hazardous substance, as defined in Section 455B.381 (7), Code of Iowa.

9.                  “Treatment” means a method, technique, or process, including neutralization, designed to change the physical, chemical or biological character or composition of a hazardous substance so as to neutralize it or to render the substance non-hazardous, safe for transport, amenable for recovery and for storage, or to reduce it in volume.  “Treatment” includes any activity or processing composition designed to change the physical form or chemical composition of a hazardous substance to render it non-hazardous, as defined in Section 455B.411(10), Code of Iowa.

37.03    MITIGATION AND CLEANUP REQUIRED. 

1.                  Whenever a hazardous condition is created so that a hazardous substance or waste or a constituent of a hazardous substance or waste has entered or may enter the environment, be emitted into the air, or discharged into any waters, including ground waters, the person having control over a hazardous substance shall alleviate, or cause to alleviate, the condition by cleanup or treatment, as defined by Section 37.02, and shall restore the affected area to its condition prior to the hazardous condition as far as practicable.  The cost of cleanup or treatment shall be borne by the responsible person.

2.                  If the person having control over a hazardous substance cannot be located within a reasonable period of time, or if the person having control over a hazardous substance does not cause the cleanup or treatment to begin within a time reasonable in relation to the hazard and circumstances of the incident, the City of Creston may, by establishment of control of the scene of emergency by the Incident Commander and having rendered the problem as no longer an emergency, give notice to the responsible person, which shall be reasonable considering the character of the hazardous condition.  The notice shall state a deadline for accomplishing the cleanup or treatment and state that the City of Creston will proceed to procure cleanup or treatment services if the cleanup or treatment is not accomplished within the deadline.  The notice shall state that the person having control over a hazardous substance will be billed for all costs associated with the cleanup or treatment and that the total shall be due and payable within thirty (30) days following the receipt of the bill. 

3.                  If the bill for the above services is not paid within thirty (30) days, the City of Creston may proceed, after service of notice, either by certified mail or by one publication in a newspaper having general circulation within Union County, and hearing before the City Council, to obtain payment by all available legal means.

4.                  If the costs of response, mitigation, cleanup and/or treatment is beyond the capability of the City of Creston, the Incident Commander shall proceed pursuant to Section 455B.387 Subsection (2), Code of Iowa, and immediately seek any state or federal resources that may be available for such mitigation, cleanup or treatment.

5.                  Whenever a hazardous condition which creates an immediate danger to public health or safety exists and it is necessary to take immediate action to correct this condition in order to protect the public health or safety, the Incident Commander or any Peace Officer may, without prior notice to the responsible person, take any mitigation action necessary to limit the immediate danger to the public health or safety.  The responsible person shall be liable for the cost of all such mitigation action.

37.04    LIABILITY FOR MITIGATION AND CLEANUP COSTS.  The responsible person shall be strictly liable to the City of Creston and/or the Fire Department having jurisdiction whose personnel or equipment is involved, for all of the following:

1.                  All costs relative to Section 37.03(2) of this chapter, as may be incurred by the County, any city or Fire Department.

2.                  Reasonable costs incurred by the County, any city, or Fire Department, to evacuate persons from the area threatened by a hazardous condition caused by the person having control over a hazardous substance.

3.                  Reasonable damages for injury to, destruction of, or loss of Creston property, including but not limited to, parks, roads and rights of way, resulting from a hazardous condition caused by the person having control over a hazardous substance, including the cost of assessing the injury, destruction or loss.

4.                  The repair and/or replacement costs for all equipment, material or supplies, lost, contaminated or otherwise rendered unusable, including laboratory analytical costs, transportation costs, disposal costs; costs of repair or decontamination of equipment; medical expense, and personal injury to personnel responding to the hazardous condition; and all such other costs and expenses of the County, City or Fire Department(s) expended to deal with the hazardous condition.

37.05    NOTIFICATION.

1.                  Any person, manufacturing, storing, handling, transporting, or disposing of a hazardous substance or waste shall notify the Union County Law Enforcement Center via 911 of the occurrence of a hazardous situation as soon as possible, but no later than six (6) hours after the onset or discovery of the hazardous situation.  The Law Enforcement Center shall immediately notify the Fire Department having jurisdiction, the appropriate law enforcement agency, the Union County Emergency Coordinator, the operator of any threatened public or private water supply system which may be threatened and the Iowa Department of Natural Resources.

2.            Any County or municipal employee or member of a law enforcement agency, city or township fire department, or ambulance service who discovers a hazardous condition shall immediately notify the Union County Law Enforcement Communication Center Dispatcher, and upon receipt of such notification the Law Enforcement Communication Center Dispatcher shall proceed in the manner provided in subsection 1 of this section.

37.06    SITE ACCESS.  Access to any site, public or private, where a prohibited discharge, whether it is potential, occurring, or after the fact, is indicated, or suspected will be provided to the Incident Commander of the fire department, its officers and personnel, to law enforcement personnel and to the emergency coordinator for the purpose of evaluating the threat to the public, for monitoring, containment, cleanup and restoration activities.

37.07    INCIDENT COMMANDER.  If the circumstance so requires, the Incident Commander may:

1.                  Establish zones or other boundaries at, near or projected from the site of a hazardous condition and limit the access to such zones to persons engaged in the mitigation, cleanup or treatment of the hazardous situation, and/or

2.                  Order the evacuation of persons to areas away from the site or potential sites of a hazardous condition based on nationally published information and/or the manufacturer’s information.

3.                  No person shall disobey an order of the Incident Commander or any law enforcement official acting under direction of the Incident Commander issued under this section.

37.08    CITY LIABILITY.  Except where the City of Creston is the responsible person as defined in Section 37.02(8) of this chapter, the City of Creston shall not be liable to any person for claims or damages, injuries, or loss resulting from any hazardous condition.

37.09    PENALTY.  Any person violating any provision, section, or paragraph of this chapter shall be guilty of a simple misdemeanor, and upon conviction be subject to a fine not exceeding five hundred dollars ($500.00) or be imprisoned for not more than thirty (30) days.  Each day of the violation shall constitute a separate offense.

(Ch. 37 – Ord. 07-100 – Aug. 07 Supp.)

 

[The next page is 185]

CHAPTER 40

PUBLIC PEACE

40.01  Assault	40.05  Failure to Disperse
40.02  Harassment	40.06  Loitering in Municipal Parking Lots
40.03  Disorderly Conduct	40.07  Loitering in Public Places
40.04  Unlawful Assembly

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

1.            Pain or Injury.  Any act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act.

(Code of Iowa, Sec. 708.1 [1])

2.            Threat of Pain or Injury.  Any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act.

(Code of Iowa, Sec. 708.1 [2])

However, where the person doing any of the above enumerated acts, and such other person, are voluntary participants in a sport, social or other activity, not in itself criminal, and such act is a reasonably foreseeable incident of such sport or activity, and does not create an unreasonable risk or serious injury or breach of the peace, the act is not an assault.  Provided, where the person doing any of the above enumerated acts is employed by a school district or accredited nonpublic school, or is an area education agency staff member who provides services to a school or school district, and intervenes in a fight or physical struggle, or other disruptive situation that takes place in the presence of the employee or staff member performing employment duties in a school building, on school grounds or at an official school function regardless of the location, the act is not an assault, whether the fight or physical struggle or other disruptive situation is between students or other individuals if the degree and the force of the intervention is reasonably necessary to restore order and to protect the safety of those assembled.

(Code of Iowa, Sec. 708.1)

40.02    HARASSMENT.  No person shall commit harassment.

1.            A person commits harassment when, with intent to intimidate, annoy or alarm another person, the person does any of the following:

A. Communicates with another by telephone, telegraph, or writing without legitimate purpose and in a manner likely to cause the other person annoyance or harm.

(Code of Iowa, Sec. 708.7)

B. Places any simulated explosive or simulated incendiary device in or near any building, vehicle, airplane, railroad engine or railroad car, or boat occupied by another person.

(Code of Iowa, Sec. 708.7)

C. Orders merchandise or services in the name of another, or to be delivered to another, without such other person’s knowledge or consent.

(Code of Iowa, Sec. 708.7)

D. Reports or causes to be reported false information to a law enforcement authority implicating another in some criminal activity, knowing that the information is false, or reports the alleged occurrence of a criminal act, knowing the same did not occur.

(Code of Iowa, Sec. 708.7)

2.            A person commits harassment when the person, purposefully and without legitimate purpose, has personal contact with another person, with the intent to threaten, intimidate or alarm that other person.  As used in this section, unless the context otherwise requires, “personal contact” means an encounter in which two or more people are in visual or physical proximity to each other.  “Personal contact” does not require a physical touching or oral communication, although it may include these types of contacts.

40.03    DISORDERLY CONDUCT.  No person shall do any of the following:

1.            Fighting.  Engage in fighting or violent behavior in any public place or in or near any lawful assembly of persons, provided that participants in athletic contests may engage in such conduct which is reasonably related to that sport.

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

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

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

2A.            Loud Motor Vehicle Stereos or Radios.  No person shall operate a motor vehicle in a public in a public place or on any public street, highway, or alley in which a stereo (stereo, tape player, compact disc player, radio or any other sound amplification device) can be heard a distance of one hundred (100) feet or more from the vehicle.  The provisions of this subsection may be enforced following personal observation or hearing by any police officer or upon receipt of a complaint made or filed with the Police Department by the person disturbed by such noise.                                     (Ord. 01-58 – Sep. 01 Supp.)

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

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

4.            Disrupt Lawful Assembly.  Without lawful authority or color of authority, disturb any lawful assembly or meeting of persons by conduct intended to disrupt the meeting or assembly.

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

5.            False Report of Catastrophe.  By words or action, initiate or circulate a report or warning of fire, epidemic, or other catastrophe, knowing such report to be false or such warning to be baseless.

(Code of Iowa, Sec. 723.4 [5])

6.            Disrespect of Flag.  Knowingly and publicly use the flag of the United States in such a manner as to show disrespect for the flag as a symbol of the United States, with the intent or reasonable expectation that such use will provoke or encourage another to commit trespass or assault.  As used in this subsection:

(Code of Iowa, Sec. 723.4[6])

A. “Deface” means to intentionally mar the external appearance.

B. “Defile” means to intentionally make physically unclean.

C. “Flag” means a piece of woven cloth or other material designed to be flown from a pole or mast.

D. “Mutilate” means to intentionally cut up or alter so as to make imperfect.

E. “Show disrespect” means to deface, defile, mutilate or trample.

F. “Trample” means to intentionally tread upon or intentionally cause a machine, vehicle or animal to tread upon.

(Ord. 07-103 – Dec. 07 Supp.)

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

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

8.            Obstruct Use of Buildings.  Harass or intimidate, by word or conduct, individuals attempting to enter or exit businesses or other public places.

40.04    UNLAWFUL ASSEMBLY.  It is unlawful for three (3) or more persons to assemble together, with them or any of them acting in a violent manner, and with intent that they or any of them will commit a public offense.  No person shall willingly join in or remain part of an unlawful assembly, knowing or having reasonable grounds to believe it is such.

(Code of Iowa, Sec. 723.2)

40.05    FAILURE TO DISPERSE.  A peace officer may order the participants in a riot or unlawful assembly or persons in the immediate vicinity of a riot or unlawful assembly to disperse.  No person within hearing distance of such command shall refuse to obey.

(Code of Iowa, Sec. 723.3) 

40.06    LOITERING IN MUNICIPAL PARKING LOTS.  It is unlawful for any person to congregate, stand, loaf or loiter in any municipal parking lot which is either owned, operated or leased by the City, and it is also unlawful for any person to make any remarks, gestures, noises, signs or to do any other act which will in any way disturb, annoy, insult or interfere with any person using said parking facilities.

40.07    LOITERING IN PUBLIC PLACES.  It is unlawful for any person to do any of the following:

1.            Congregate, stand, loaf or loiter upon any street, sidewalk, bridge or crossing so as to obstruct the same or to hinder or prevent persons passing or attempting or desiring to pass thereon;

2.            Congregate, stand, loaf or loiter in or in front of any hall, lobby, doorway, passage or entrance of any public building, theatre, hotel, eating house, lodging house, office building, store, shop, office or factory, or in front of persons walking along or into or out of the same or persons attempting or desiring to do so;

3.            Sit upon or lean upon or against any railing or other barrier about any area, entrance, basement or window to obstruct the light or to prevent passage of persons or tenants occupying the building to which such area, entrance, basement or window belongs.

° ° ° ° ° ° ° ° ° °

CHAPTER 41

PUBLIC HEALTH AND SAFETY

41.01  Distributing Dangerous Substances	41.07  Barbed Wire and Electric Fences
41.02  False Reports to or Communications with	41.08  Discharging Weapons
Public Safety Entities	41.09  Throwing and Shooting
41.03  Refusing to Assist Officer	41.10  Urinating and Defecating
41.04  Harassment of Public Officers and Employees	41.11  Fireworks Permit
41.05  Abandoned or Unattended Refrigerators	41.12  Wells
41.06  Antenna and Radio Wires

41.01    DISTRIBUTING DANGEROUS SUBSTANCES.  No person shall distribute samples of any drugs or medicine, or any corrosive, caustic, poisonous or other injurious substance unless the person delivers such into the hands of a competent person, or otherwise takes reasonable precautions that the substance will not be taken by children or animals from the place where the substance is deposited.

(Code of Iowa, Sec. 727.1)

41.02    FALSE REPORTS TO OR COMMUNICATIONS WITH PUBLIC SAFETY ENTITIES.  No person shall do any of the following:

(Code of Iowa, Sec. 718.6)

1.            Report or cause to be reported false information to a fire department, a law enforcement authority, or other public safety entity knowing that the information is false, or report the alleged occurrence of a criminal act knowing the act did not occur.

2.            Telephone an emergency 911 communications center knowing that he or she is not reporting an emergency or otherwise needing emergency information or assistance.

3.            Knowingly provide false information to a law enforcement officer who enters the information on a citation.

41.03    REFUSING TO ASSIST OFFICER.  Any person who is requested or ordered by any magistrate or peace officer to render the magistrate or officer assistance in making or attempting to make an arrest, or to prevent the commission of any criminal act, shall render assistance as required.  No person shall unreasonably and without lawful cause, refuse or neglect to render assistance when so requested.    

(Code of Iowa, Sec. 719.2)

41.04    HARASSMENT OF PUBLIC OFFICERS AND EMPLOYEES.  No person shall willfully prevent or attempt to prevent any public officer or employee from performing the officer’s or employee’s duty.    

(Code of Iowa, Sec. 718.4)

41.05    ABANDONED OR UNATTENDED REFRIGERATORS.  No person shall abandon or otherwise leave unattended any refrigerator, ice box, or similar container, with doors that may become locked, outside of buildings and accessible to children, nor shall any person allow any such refrigerator, ice box, or similar container, to remain outside of buildings on premises in the person’s possession or control, abandoned or unattended and so accessible to children.    

(Code of Iowa, Sec. 727.3)

41.06    ANTENNA AND RADIO WIRES.  It is unlawful for a person to allow antenna wires, antenna supports, radio wires or television wires to exist over any street, alley, highway, sidewalk, public way, public ground or public building without written consent of the Council.

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

41.07    BARBED WIRE AND ELECTRIC FENCES.  It is unlawful for a person to use barbed wire or electric fences to enclose land within the City limits without the written consent of the Council unless such land consists of ten (10) acres or more and is used as agricultural land.    

41.08    DISCHARGING WEAPONS.  It is unlawful for a person to discharge rifles, shotguns, revolvers, pistols, guns, BB guns or other firearms of any kind within the City limits except by written consent of the Council.

41.09    THROWING AND SHOOTING.  It is unlawful for a person to throw stones, bricks or missiles of any kind or to shoot arrows, rubber guns, slingshots, air rifles or other dangerous instruments or toys on or into any street, alley, highway, sidewalk, public way, public ground or public building, without written consent of the Council.

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

41.10    URINATING AND DEFECATING.  It is unlawful for any person to urinate or defecate onto any sidewalk, street, alley, or other public way, or onto any public or private building, including but not limited to the wall, floor, hallway, steps, stairway, doorway or window thereof, or onto any public or private land.

41.11    FIREWORKS PERMIT.  It is unlawful for any person to use or explode any fireworks as defined in Section 727.2 of the Code of Iowa; provided the City may, upon application in writing, grant a permit for the display of fireworks by a City agency, fair associations, amusement parks and other organizations or groups of individuals approved by City authorities when such fireworks display will be handled by a competent operator.  No permit shall be granted hereunder unless the operator or sponsoring organization has filed with the City evidence of insurance in the following amounts:

1.            Personal Injury: - $250,000.00 per person.

2.            Property Damage: - $50,000.00.

3.            Total Exposure:  - $1,000,000.00.

(Code of Iowa, Sec. 727.2)

41.12    WELLS.  Any owner, tenant or occupant of any premises within the City on which a well, whether abandoned or in use, is situated shall provide such well with a substantial cover.

 

[The next page is 199]

CHAPTER 42

PUBLIC AND PRIVATE PROPERTY

42.01  Trespassing	42.05  Unauthorized Entry
42.02  Criminal Mischief	42.06  Fraud
42.03  Defacing Proclamations or Notices	42.07  Theft
42.04  Posting Notices on Utility Poles

42.01    TRESPASSING.  It is unlawful for a person to knowingly trespass upon the property of another.  As used in this section, the term “property” includes any land, dwelling, building, conveyance, vehicle or other temporary or permanent structure whether publicly or privately owned.  The term “trespass” means one or more of the following acts:

(Code of Iowa Sec. 716.7 and 716.8)

1.            Entering Property Without Permission.  Entering upon or in property without the express permission of the owner, lessee, or person in lawful possession with the intent to commit a public offense or to use, remove therefrom, alter, damage, harass, or place thereon or therein anything animate or inanimate.    

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

2.            Entering or Remaining on Property.  Entering or remaining upon or in property without justification after being notified or requested to abstain from entering or to remove or vacate therefrom by the owner, lessee, or person in lawful possession, or by any peace officer, magistrate, or public employee whose duty it is to supervise the use or maintenance of the property.       

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

3.            Interfering with Lawful Use of Property.  Entering upon or in private property for the purpose or with the effect of unduly interfering with the lawful use of the property by others.           

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

4.            Using Property Without Permission.  Being upon or in property and wrongfully using, removing therefrom, altering, damaging, harassing, or placing thereon or therein anything animate or inanimate, without the implied or actual permission of the owner, lessee, or person in lawful possession. 

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

None of the above shall be construed to prohibit entering upon the property of another for the sole purpose of retrieving personal property which has accidentally or inadvertently been thrown, fallen, strayed, or blown onto the property of another, provided that the person retrieving the property takes the most direct and accessible route to and from the property to be retrieved, quits the property as quickly as is possible, and does not unduly interfere with the lawful use of the property.

(Code of Iowa, Sec. 716.7(3))

42.02    CRIMINAL MISCHIEF.  It is unlawful, for any person who has no right to do so, to intentionally damage, deface, alter or destroy tangible property.

(Code of Iowa, Sec. 716.1)

42.03    DEFACING PROCLAMATIONS OR NOTICES.  It is unlawful for a person intentionally to deface, obliterate, tear down, or destroy in whole or in part, any transcript or extract from or of any law of the United States or the State, or any proclamation, advertisement or notification, set up at any place within the City by authority of the law or by order of any court, during the time for which the same is to remain set up.    

(Code of Iowa, Sec. 716.1)

42.04    POSTING NOTICES ON UTILITY POLES.  It is unlawful for any person to post, paste, paint or tack any sign, bill, sale bill or poster on any telephone or electric light pole within the City limits.

42.05    UNAUTHORIZED ENTRY.  No unauthorized person shall enter or remain in or upon any public building, premises or grounds in violation of any notice posted thereon or when said building, premises or grounds are closed and not open to the public.  When open to the public, a failure to pay any required admission fee also constitutes an unauthorized entry.

42.06    FRAUD.  It is unlawful for any person to commit a fraudulent practice as defined in Section 714.8 of the Code of Iowa.

(Code of Iowa, Sec. 714.8) 

42.07    THEFT.  It is unlawful for any person to commit theft as defined in Section 714.1 of the Code of Iowa.

(Code of Iowa, Sec. 714.1) 

 

[The next page is 225]

 

CHAPTER 45

ALCOHOL CONSUMPTION AND INTOXICATION

45.01  Persons Under the Age of Eighteen	45.03  Public Consumption or Intoxication
45.02  Persons Age Eighteen, Nineteen and Twenty	45.04  Open Container on Streets and Highways

45.01    PERSONS UNDER THE AGE OF EIGHTEEN.  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 the age of eighteen (18), and a person or persons under the age of eighteen 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 the age of eighteen 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 the age of eighteen may handle alcoholic beverages, wine, and beer during the regular course of the person’s employment by a liquor control licensee, or wine or beer permittee under State laws.

(Code of Iowa, Sec. 123.47)

45.02    PERSONS AGE EIGHTEEN, NINETEEN AND TWENTY.  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 the person is age eighteen (18), nineteen (19) or twenty (20).  A person age eighteen, nineteen or twenty shall not purchase or possess alcoholic liquor, wine or beer.  However, a person age eighteen, nineteen or twenty may possess alcoholic liquor, wine or beer given to the person within a private home with the knowledge, presence and consent of the person’s parent or guardian, or with the signed, written consent of the parent or guardian specifying the date and place for the consumption and displayed by the person upon demand, and a person age eighteen, nineteen or twenty may handle alcoholic liquor, wine and beer during the course of the person’s employment by a liquor control licensee or wine or beer permittee.

(Code of Iowa, Sec. 123.47A)

45.03    PUBLIC CONSUMPTION OR INTOXICATION.

1.            As used in this section unless the context otherwise requires:

A. “Arrest” means the same as defined in Section 804.5 of the Code of Iowa and includes taking into custody pursuant to Section 232.19 of the Code of Iowa.

B. “Chemical test” means a test of a person’s blood, breath, or urine to determine the percentage of alcohol present by a qualified person using devices and methods approved by the Commissioner of Public Safety.

C. “Peace Officer” means the same as defined in Section 801.4 of the Code of Iowa.

D. “School” means a public or private school or that portion of a public or private school which provides teaching for any grade from kindergarten through grade twelve.

2.            A person shall not use or consume alcoholic liquor, wine or beer upon the public streets or highways.  A person shall not use or consume alcoholic liquor in any public place, except premises covered by a liquor control license.  A person shall not possess or consume alcoholic liquors, wine or beer on public school property or while attending any public or private school-related function.  A person shall not be intoxicated or simulate intoxication in a public place.  A person violating this subsection is guilty of a simple misdemeanor.

3.            When a peace officer arrests a person on a charge of public intoxication under this section, the peace officer shall inform the person that the person may have a chemical test administered at the person’s own expense.  If a device approved by the Commissioner of Public Safety for testing a sample of a person’s breath to determine the person’s blood alcohol concentration is available, that is the only test that need be offered the person arrested.  In a prosecution for public intoxication, evidence of the results of a chemical test performed under this subsection is admissible upon proof of a proper foundation.  The percentage of alcohol present in a person’s blood, breath, or urine established by the results of a chemical test performed within two hours after the person’s arrest on a charge of public intoxication is presumed to be the percentage of alcohol present at the time of arrest.

(Code of Iowa, Sec. 123.46)

45.04    OPEN CONTAINER ON STREETS AND HIGHWAYS.  (See Section 62.07 of this Code of Ordinances)

° ° ° ° ° ° ° ° ° °

CHAPTER 46

MINORS

46.01  Cigarettes and Tobacco	46.03  Contributing to Delinquency
46.02  Minors in Taverns	46.04  Curfew

46.01    CIGARETTES AND TOBACCO.  It is unlawful for any person under eighteen (18) years of age to smoke, use, possess, purchase or attempt to purchase any tobacco, tobacco products or cigarettes.

(Code of Iowa, Sec. 453A.2)

46.02   MINORS IN TAVERNS.  It is unlawful for any person under legal age to enter, remain in or frequent a business establishment holding a retail liquor or beer permit unless over fifty percent (50%) of the dollar volume of the business establishment comes from the sale and serving of prepared foods.  The provisions of this section do not apply to premises having a Class “C” beer permit.

46.03    CONTRIBUTING TO DELINQUENCY.  It is unlawful for any per-son to encourage any child under eighteen (18) years of age to commit any act of delinquency.

(Code of Iowa, Sec. 709A.1)

46.04    CURFEW.  This matter comes before the Creston City Council and the Council has determined that a curfew for minors is necessary to promote the public health, safety, moral and general welfare of the City and specifically to reinforce the primary authority and responsibility of adults responsible for minors; to protect the public from the illegal acts of minors committed after the curfew hour; and to protect minors from improper influences and criminal activity that prevail in public places after the curfew hour.

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

A.                 “Emergency errand” means, but is not limited to, an errand relating to a fire, a natural disaster, an automobile accident or any other situation requiring immediate action to prevent serious illness, bodily injury or loss of life.

B.                 “Knowingly” means knowledge which a responsible adult should reasonably be expected to have concerning the whereabouts of a minor in that responsible adult’s custody.  It is intended to continue to hold the neglectful or careless adult responsible for a minor to a reasonable standard of adult responsibility through an objective test.  It is therefore no defense that an adult responsible for a minor was completely indifferent to the activities or conduct or whereabouts of the minor.

C.                “Minor” means any unemancipated person under the age of sixteen (16) years.

D.                “Nonsecured custody” means custody in an unlocked multipurpose area, such as a lobby, office or interrogation room which is not designed, set aside or used as a secure detention area, and the person arrested is not physically secured during the period of custody in the area; the person is physically accompanied by a law enforcement officer or a person employed by the facility where the person arrested is being held; and the use of the area is limited to providing nonsecured custody only while awaiting transfer to an appropriate juvenile facility or to court, for contacting of and release to the person’s parents or other responsible adult or for other administrative purposes; but not for longer than six (6) hours without the oral or written order of a judge or magistrate authorizing the detention.  A judge shall not extend the period of time in excess of six hours beyond the initial six-hour period.

E.                 “Public place” includes stores, parking lots, parks, playgrounds, streets, alleys and sidewalks dedicated to public use; and also includes such parts of buildings and other premises whether publicly or privately owned which are used by the general public or to which the general public is invited commercially for a fee or otherwise; or in or on which the general public is permitted without specific invitation; or to which the general public has access.  For purposes of this section, a vehicle or other conveyance is considered to be a public place when in the areas defined above.

F.                 “Responsible adult” means a parent, guardian or other adult specifically authorized by law or authorized by a parent or guardian to have custody or control of a minor.

2.            Curfew Established.  It is unlawful for any minor to be or remain upon any of the alleys, streets or public places or to be in places of business and amusement in the City between the hours of 11:00 p.m. and 6:00 a.m. daily Sunday through Thursday; and between the hours of 12:30 a.m. and 6:00 a.m. daily Friday and Saturday.

3.            Exceptions.  The following are exceptions to the curfew:

A.                 During the summer vacation from school, it is unlawful for any minor to be or remain upon any of the alleys, streets or public places or to be in places of business and amusement in the City between the hours of 12:00 a.m. and 6:00 a.m. of any day.

B.                 The minor is accompanied by a responsible adult.

C.                The minor is on the sidewalk or property where the minor resides or on either side of the place where the minor resides and the adult responsible for the minor has given permission for the minor to be there.

D.                The minor is present at or is traveling between home and one of the following:

(1) Minor’s place of employment in a business, trade or occupation in which the minor is permitted by law to be engaged or, if traveling, after the end or before the beginning of work;

(2) Minor’s place of religious activity or, if traveling, after the end or before the beginning of the religious activity;

(3) Governmental or political activity or, if traveling, after the end or before the beginning of the activity;

(4) School activity or, if traveling, after the end or before the beginning of the activity;

(5) Assembly such as a march, protest, demonstration, sit-in or meeting of an association for the advancement of economic, political, religious or cultural matters, or for any other activity protected by the First Amendment of the U.S. Constitution guarantees of free exercise of religion, freedom of speech, freedom of assembly or, if traveling, after the end or before the beginning of the activity.

E.                 The minor is on an emergency errand for a responsible adult;

F.                 The minor is engaged in interstate travel through the City beginning, ending or passing through the City when such travel is by direct route.

4.            Responsibility of Adults.  It is unlawful for any responsible adult knowingly to permit or to allow a minor to be in any public place in the City within the time periods prohibited by this section unless the minor’s presence falls within one of the above exceptions.

5.            Enforcement Procedures.

A.                 Determination of Age.  In determining the age of the juvenile and in the absence of convincing evidence such as a birth certificate or driver’s license, a law enforcement officer on the street shall, in the first instance, use his or her best judgment in determining age.

B.                 Grounds for Arrest; Conditions of Custody.  Grounds for arrest are that the person refuses to sign the citation without qualification; persists in violating the ordinance; refuses to provide proper identification or to identify himself or herself; or constitutes an immediate threat to the person’s own safety or to the safety of the public.  A law enforcement officer who arrests a minor for a curfew violation may keep the minor in custody either in a shelter care facility or in any non-secured setting.  The officer shall not place bodily restraints, such as handcuffs, on the minor unless the minor physically resists or threatens physical violence when being taken into custody.  A minor shall not be placed in detention following a curfew violation.

C.                Notification of Responsible Adult.  After a minor is taken into custody, the law enforcement officer shall notify the adult responsible for the minor as soon as possible.  The minor shall be released to the adult responsible for the minor upon the promise of such person to produce the child in court at such time as the court may direct.

D.                Minor Without Adult Supervision.  If a law enforcement officer determines that a minor does not have adult supervision because the law enforcement officer cannot locate the minor’s parent, guardian or other person legally responsible for the care of the minor, within a reasonable time, the law enforcement officer shall attempt to place the minor with an adult relative of the minor, an adult person who cares for the child or another adult person who is known to the child.

6.            Penalties.

A.                 Responsible Adult’s First Violation.  In the case of a first violation by a minor, the law enforcement officer shall, by certified mail or personal delivery, send to the adult responsible for the minor, written notice of the violation with a warning that any subsequent violation will result in full enforcement of the curfew ordinance against both the responsible adult and minor, with applicable penalties.

B.                 Responsible Adult’s Second Violation.  Any responsible adult as defined in this section who, following receipt of a warning, knowingly allows the minor to violate any of the provisions of this section is guilty of a municipal infraction.

C.                Minor’s First Violation.  In the case of a first violation by a minor, the law enforcement officer shall give the minor a written warning, which states that any subsequent violation will result in full enforcement of the curfew ordinance against the responsible adult and the minor, with applicable penalties, or, at the law enforcement officer’s discretion, may issue the minor a citation for a first violation.

D.                Minor’s Second Violation.  For the minor’s second and subsequent violations of any of the provisions of this section, the minor is guilty of a municipal infraction. 

(Ord. 05-81 – Feb. 05 Supp.)

° ° ° ° ° ° ° ° ° °

 

CHAPTER 47

PARK REGULATIONS

47.01  Purpose	47.05  Parks Closed
47.02  Use of Drives Required	47.06  Camping
47.03  Fires	47.07  McKinley Lake
47.04  Littering

47.01    PURPOSE.  The purpose of this chapter is to facilitate the enjoyment of park facilities by the general public by establishing rules and regulations governing the use of park facilities.

(Code of Iowa, Sec. 364.12)

47.02    USE OF DRIVES REQUIRED.  No person shall drive any car, cycle or other vehicle, or ride or lead any horse, in any portion of a park except upon the established drives or roadways therein or such other places as may be officially designated by the City unless written permission has been given by the Park and Recreation Board.

47.03    FIRES.  No fires shall be built, except in a place provided therefor, and such fire shall be extinguished before leaving the area unless it is to be immediately used by some other party.

47.04    LITTERING.  No person shall place, deposit, or throw any waste, refuse, litter or foreign substance in any area or receptacle except those provided for that purpose.

47.05    PARKS CLOSED.

1.            McKinley Park.  The closing hour for the public park situated in the City known as McKinley Park is ten o’clock (10:00) p.m., and the only exceptions to this closing hour shall be for the park custodian and members of the custodian’s family, persons attending or participating in or in any manner connected with athletic contests at the athletic field situated in the park, and persons participating in or attending any carnival, Fourth of July celebration or similar special events held in the park, or attending any meeting at the Izaak Walton Club House in the park or persons staying overnight n the tourist camping area or in the Girl Scout cabin situated in the park.

2.            Fishing in McKinley Park.  Any person desiring to fish at the Lake situated in McKinley Park may enter the park at any time between the hours of four o’clock (4:00) a.m. and ten o’clock (10:00) p.m.  It is unlawful for any person other than said fisherman or persons coming within the exceptions mentioned in subsection 1 hereof to be present in McKinley Park between the hours of ten o’clock (10:00) p.m. and seven o’clock (7:00) a.m.

3.            Rainbow Park.  The closing hour for the public park situated in the City known as Rainbow Park is hereby fixed at ten o’clock (10:00) p.m., and it is unlawful for any person, other than the custodian of said park to be present therein between the hours of 10:00 p.m. and seven o’clock (7:00) a.m.  It is also unlawful for any child under the age of twelve (12) to be present in the park during the hour of nine o’clock (9:00) p.m. to ten o’clock (10:00) p.m. unless accompanied by a parent, guardian or other adult.

47.06    CAMPING.  No person shall camp in any portion of a park except in portions prescribed or designated by the Council, and the City may refuse camping privileges or rescind any and all camping privileges for cause.

47.07    McKINLEY LAKE.  With the exception of a motor vehicle operated at the direction of the Park and Recreation Board of the City, it is unlawful to operate a motor vehicle of any kind or character on the ice on McKinley Lake in the City.

 

 

CHAPTER 50

NUISANCE ABATEMENT PROCEDURE

50.01  Definition of Nuisance	50.08  Request for Hearing
50.02  Nuisances Enumerated	50.09  Abatement in Emergency
50.03  Other Conditions	50.10  Abatement by City
50.04  Nuisances Prohibited	50.11  Collection of Costs
50.05  Nuisance Abatement	50.12  Installment Payment of Cost of Abatement
50.06  Notice to Abate: Contents	50.13  Failure to Abate
50.07  Method of Service

50.01    DEFINITION OF NUISANCE.  Whatever is injurious to health, indecent, or unreasonably offensive to the senses, or an obstruction to the free use of property so as essentially to interfere unreasonably with the comfortable enjoyment of life or property is a nuisance.

(Code of Iowa, Sec. 657.1)

50.02    NUISANCES ENUMERATED.  The following subsections include, but do not limit, the conditions which are deemed to be nuisances in the City:

1.            Offensive Smells.  Erecting, continuing or using any building or other place for the exercise of any trade, employment or manufacture, which, by occasioning noxious exhalations, unreasonably offensive smells, or other annoyances, becomes injurious and dangerous to the health, comfort or property of individuals or the public.

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

2.            Filth or Noisome Substance.  Causing or suffering any offal, filth or noisome substance to be collected or to remain in any place to the prejudice of others.

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

3.            Impeding Passage of Navigable River.  Obstructing or impeding without legal authority the passage of any navigable river, harbor or collection of water.

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

4.            Water Pollution.  Corrupting or rendering unwholesome or impure the water of any river, stream or pond, or unlawfully diverting the same from its natural course or state, to the injury or prejudice of others.

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

5.            Blocking Public and Private Ways.  Obstructing or encumbering, by fences, buildings or otherwise, the public roads, private ways, streets, alleys, commons, landing places or burying grounds.

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

6.            Billboards.  Billboards, signboards and advertising signs, whether erected and constructed on public or private property, which so obstruct and impair the view of any portion or part of a public street, avenue, highway, boulevard or alley or of a railroad or street railway track as to render dangerous the use thereof.  (See also Section 62.08 and Chapter 146)

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

7.            Cottonwood Trees.  Cotton-bearing cottonwood trees and all other cotton-bearing poplar trees. (See also Chapter 151)

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

8.            Storing of Flammable Junk.  Depositing or storing of flammable junk, such as old rags, rope, cordage, rubber, bones and paper, by dealers in such articles within the fire limits of the City, unless in a building of fireproof construction.  (See also Chapter 51)

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

9.            Air Pollution.  Emission of dense smoke, noxious fumes or fly ash.

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

10.            Weeds, Brush.  (Repealed by Ordinance No. 05-88 – Jul. 05 Supp.)  (See Chapter 56)

11.            Dutch Elm Disease.  Trees infected with Dutch Elm Disease.  (See also Chapter 151)

(Code of Iowa, Sec. 657.12[13])

12.            Tree Limbs.  All limbs of trees which are less than eight (8) feet above the surface of any public sidewalk or street.  (See also Chapter 151)

13.            Wires.  All wires which are strung less than twenty (20) feet above the surface of any public sidewalk or street.

14.            Explosives and Flammable Liquids.  All explosives, flammable liquids and other substances which are dangerous, stored in any manner or in any amount other than as provided by law or ordinance.

15.            Fireworks.  Use or display of fireworks, except as provided by law or ordinance.  (See also Section 41.12)

16.            Noises.  All unnecessary noises and annoying vibrations.  (See also Sections 40.03(2) and 62.04)

17.            Excavations.  Obstructions and excavations affecting the ordinary use by the public of streets, alleys, sidewalks or public grounds, except under such conditions as are provided by law and ordinance.

18.            Obstructing Streets or Sidewalks.  Any use of property abutting on a public street, alley or sidewalk or any use of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the public streets, alleys or sidewalks.  (See also Chapters 135 and 136)

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

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

20.            Houses of Ill Fame.  Houses of ill fame, kept for the purpose of prostitution and lewdness; gambling houses; places resorted to by persons participating in criminal gang activity prohibited by Chapter 723A of the Code of Iowa or places resorted to by persons using controlled substances, as defined in Section 124.101 of the Code of Iowa, in violation of law, or houses where drunkenness, quarreling, fighting or breaches of the peace are carried on or permitted to the disturbance of others.

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

50.03    OTHER CONDITIONS.  The following chapters of this Code of Ordinances contain regulations prohibiting or restricting other conditions which are deemed to be nuisances:

1.            Junk and Junk Vehicles (See Chapter 51)

2.            Dangerous Buildings (See Chapter 145)

3.            Storage and Disposal of Solid Waste (See Chapter 105)

4.            Trees (See Chapter 151)

50.04    NUISANCES PROHIBITED.  The creation or maintenance of a nuisance is prohibited, and a nuisance, public or private, may be abated in the manner provided for in this chapter or State law.

(Code of Iowa, Sec. 657.3)

50.05    NUISANCE ABATEMENT.  Whenever the Mayor or other authorized municipal officer finds that a nuisance exists, such officer shall cause to be served upon the property owner a written notice to abate the nuisance within a reasonable time after notice.

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

50.06    NOTICE TO ABATE:  CONTENTS.  The notice to abate shall contain:

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

1.            Description of Nuisance.  A description of what constitutes the nuisance.

2.            Location of Nuisance.  The location of the nuisance, if stationary.

3.            Acts Necessary to Abate.  A statement of the act or acts necessary to abate the nuisance.

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

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

50.07    METHOD OF SERVICE.  The notice may be in the form of an ordinance or sent by certified mail to the property owner.

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

50.08    REQUEST FOR HEARING.  Any person ordered to abate a nuisance may have a hearing with the officer ordering the abatement as to whether a nuisance 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 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 exists.  If the officer finds that a nuisance exists, he or she must order it abated within an additional time, which must be reasonable under the circumstances.  An appeal from the decision may be had by immediately filing a written notice with the hearing officer.  This appeal will be heard before the Council at a time and place fixed by the Council.  The findings of the Council shall be conclusive and, if a nuisance is found to exist, it shall be ordered abated within a reasonable time under the circumstances.

50.09    ABATEMENT IN EMERGENCY.  If it is determined that an emergency exists by reason of the continuing maintenance of the nuisance or condition, the City may perform any action which may be required under this chapter without prior notice.  The City shall assess the costs as provided in Section 50.11 after notice to the property owner under the applicable provisions of Sections 50.05, 50.06 and 50.07 and hearing as provided in Section 50.08.

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

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

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

50.11    COLLECTION OF COSTS.  The Clerk shall send a statement of the total expense incurred by certified mail to the property owner who has failed to abide by the notice to abate, and if the amount shown by the statement has not been paid within one (1) month, the Clerk shall certify the costs to the County Treasurer and such costs shall then be collected with, and in the same manner, as general property taxes.

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

50.12    INSTALLMENT PAYMENT OF COST OF ABATEMENT.  If the amount expended to abate the nuisance or condition exceeds one hundred dollars ($100.00), the City shall permit the assessment to be paid in up to ten (10) annual installments, to be paid in the same manner and with the same interest rates provided for assessments against benefited property under State law.

(Code of Iowa, Sec. 364.13)

50.13    FAILURE TO ABATE.  Any person causing or maintaining a nuisance who shall fail or refuse to abate or remove the same within the reasonable time required and specified in the notice to abate is in violation of this Code of Ordinances.

 

 

CHAPTER 51

JUNK AND JUNK VEHICLES

51.01  Definitions	51.04  Exceptions
51.02  Junk and Junk Vehicles Prohibited	51.05  Notice to Abate
51.03  Junk and Junk Vehicles a Nuisance

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

1.            “Junk” means all old or scrap copper, brass, lead, or any other non-ferrous metal; old or discarded rope, rags, batteries, paper, trash, rubber, debris, waste or used lumber, or salvaged wood; dismantled vehicles, machinery and appliances or parts of such vehicles, machinery or appliances; iron, steel or other old or scrap ferrous materials; old or discarded glass, tinware, plastic or old or discarded household goods or hardware.  Neatly stacked firewood located on a side yard or a rear yard is not considered junk.

2.            “Junk vehicle” means any vehicle legally placed in storage with the County Treasurer or unlicensed and which has any of the following characteristics:

A. Broken Glass.  Any vehicle with a broken or cracked windshield, window, headlight or tail light, or any other cracked or broken glass.

B. Broken or Loose Part.  Any vehicle with a broken or loose fender, door, bumper, hood, hood ornament, door handle, window handle, running board, steering wheel, trunk top, trunk handle, radio aerial, tail pipe or decorative piece.

C. Habitat for Nuisance Animals or Insects.  Any vehicle which has become the habitat for rats, mice, or snakes, or any other vermin or insects.

D. Flammable Fuel.  Any vehicle which contains gasoline or any other flammable fuel.

E. Inoperable.  Any motor vehicle if it lacks an engine or two or more wheels or other structural parts, rendering said motor vehicle totally inoperable.

F. Defective or Obsolete Condition.  Any other vehicle which, because of its defective or obsolete condition, in any other way constitutes a threat to the public health and safety.

Mere licensing of such vehicle shall not constitute a defense to the finding that the vehicle is a junk vehicle.

3.            “Vehicle” means every device in, upon, or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and includes without limitation a motor vehicle, automobile, truck, motorcycle, tractor, buggy, wagon, farm machinery, or any combination thereof.

51.02    JUNK AND JUNK VEHICLES PROHIBITED.  It is unlawful for any person to store, accumulate, or allow to remain on any private property within the corporate limits of the City any junk or junk vehicle.

51.03    JUNK AND JUNK VEHICLES A NUISANCE.  It is hereby declared that any junk or junk vehicle located upon private property, unless excepted by Section 51.04, constitutes a threat to the health and safety of the citizens and is a nuisance within the meaning of Section 657.1 of the Code of Iowa.  If any junk or junk vehicle is kept upon private property in violation hereof, the owner of or person occupying the property upon which it is located shall be prima facie liable for said violation.

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

51.04    EXCEPTIONS.  The provisions of this chapter do not apply to any junk or a junk vehicle stored within:

1.            Structure.  A garage or other enclosed structure; or

2.            Salvage Yard.  An auto salvage yard or junk yard lawfully operated in compliance with the City’s Zoning Regulations.

3.            Other Businesses.  The premises of a business enterprise operated in a district properly zoned therefor, when necessary to the operation of said business enterprise, as authorized under the Zoning Regulations of the City.

51.05    NOTICE TO ABATE.  Upon discovery of any junk or junk vehicle located upon private property in violation of Section 51.03, the City shall within five (5) days initiate abatement procedures as outlined in Chapter 50 of this Code of Ordinances.

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

 

 

[The next page is 251]

CHAPTER 52

DRUG PARAPHERNALIA

52.01  Definitions	52.03  Deliver, Possess or Manufacture
52.02  Use or Possession

52.01    DEFINITIONS.  For the purpose of this chapter, the folowing terms and words are hereby defined:

1.            “Drug paraphernalia”  means all equipment, products and materials of any kind which are used, intended for use, or designed for use, in manufacturing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, as defined by Chapter 124 of the Code of Iowa, as amended.  It includes, but is not limited to:

A. Diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose or lactose, used, intended for use, or designed for use in cutting controlled substances.

B. Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana.

C. Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body.

D. Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, which shall include but not be limited to the following:

(1) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

(2) Water pipes;

(3) Carburetion tubes and devices;

(4) Smoking and carburetion masks;

(5) Roach clips, meaning objects used to hold burning materials, such as a marijuana cigarette that has become too small or too short to be held in the hand;

(6) Miniature cocaine spoons and cocaine vials;

(7) Chamber pipes;

(8) Carburetor pipes;

(9) Electric pipes;

(10) Air-driven pipes;

(11) Chillums;

(12) Bongs;

(13) Ice pipes or chillers.

2.            “Determiniation of what constitutes whether an object is drug paraphernalia” means in determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following:

A. Statements by an owner or by anyone in control of the object concerning its use.

B. Prior convictions, if any, of an owner, or of anyone in control of the object under any State or Federal law in relation to any controlled substance, as defined in Chapter 124 of the Code of Iowa, as amended.

C. The proximity of the object, in time and space, to a direct violation of Chapter 124 of the Code of Iowa, as amended.

D. The proximity of the object to a controlled substance as defined in Chapter 124 of the Code of Iowa, as amended.

E. The existence of any residue of a controlled substance as defined in Chapter 124 of the Code of Iowa, as amended.

F. Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object, delivering it to any person whom he or she knows, or should reasonably know, may use the object to facilitate a violation of this chapter.  The innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia.

G. Instructions, oral or written, provided with the object concerning its use.

H. Descriptive materials accompanying the object which explain or depict its use.

I. National and local advertising concerning its use.

J. The manner in which the object is displayed for sale.

K. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items in the County, such as a licensed distributor or dealer of tobacco products.

L. Direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise.

M. The existence and scope of legitimate uses for the object in the County.

N. Expert testimony concerning its use.

52.02    USE OR POSSESSION.  It is unlawful for any person to use or to possess drug paraphernalia to manufacture, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance as defined in Chapter 124 of the Code of Iowa, as amended.  However, it shall not be unlawful to possess drug paraphernalia for the purpose of use as evidence or for use in education.

52.03    DELIVER, POSSESS OR MANUFACTURE.  It is unlawful for any person to deliver, possess or manufacture drug paraphernalia knowing, or under circumstances where one reasonably should know that it will be used to manufacture, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance as defined in Chapter 124 of the Code of Iowa, as amended.  However, it shall not be unlawful to possess drug paraphernalia for the purpose of use as evidence or for use in education.

 

(Ch. 52 - Ord. 96-12 - Oct. 97 Supp.)

 

[The next page is 265]

CHAPTER 55

ANIMAL PROTECTION AND CONTROL

55.01  Definitions	55.11  Number of Animals Limited
55.02  Animal Control Officer	55.12  Potentially Dangerous Animals and Dangerous
55.03  Animal Neglect	Animals
55.04  Livestock Neglect	55.13  Rabies Vaccination
55.05  Abandonment of Cats and Dogs	55.14  Leash Control by Proclamation
55.06  At Large Prohibited	55.15  Owner’s Duty
55.07  Destruction of Animals at Large	55.16  Confinement
55.08  Damage or Interference	55.17  Catching and Impounding
55.09  Annoyance or Disturbance	55.18  Enforcement
55.10  Sanitation	55.19  Penalty
	55.20  Livestock Confinement Operations

55.01    DEFINITIONS.  The following terms are defined for use in this chapter.

1.            “Animal” means a nonhuman vertebrate.

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

2.            “At large” means off the premises of the owner and not restrained within a motor vehicle, or housed in a veterinary hospital or kennel.  All dogs at large must be on a leash sufficient to restrain the dog.

(Ord. 99-39 – Oct. 99 Supp.)

3.            “Commercial” means any operation where the raising and sale of livestock is not for personal, household or family purposes, excluding all sale barn operations.

4.            “Confinement” means an operation where animals are raised within a confined area and fed with no area for grazing or pasturing.

5.            “Dangerous animal” means any dog or other animal which has committed an unprovoked attack on a person or animal requiring treatment deemed necessary by either a medical professional or doctor of veterinary medicine.

6.            “Livestock” means an animal belonging to the bovine, caprine, equine, ovine or porcine species; farm deer, as defined in Section 481A.1 of the Code of Iowa; ostriches, rheas, emus, or poultry.

(Code of Iowa, Sec. 717.1)

7.            “Owner” means any person owning, keeping, sheltering or harboring an animal.

8.            “Potentially dangerous animal” means any animal which approaches a person or an animal on any public or private property in a menacing fashion or an apparent attitude of attack.

55.02    ANIMAL CONTROL OFFICER.  The Animal Control Officer is appointed by the Mayor and is paid an amount on a regular basis as determined by the Council.  The Animal Control Officer is authorized and empowered to seize and impound in the City Pound any animal found at large and may use any humane means or force necessary to impound or catch an animal at large and is further authorized to request assistance from the Police Department if it is needed.  The Animal Control Officer is provided a vehicle by the City suitable for the purpose of transporting and impounding animals and which is otherwise outfitted for the purpose of animal control.  The Animal Control Officer is responsible for collecting all costs and expenses from the owners for all animals redeemed.

55.03    ANIMAL NEGLECT.  It is unlawful for a person who impounds or confines, in any place, an animal, excluding livestock, to fail to supply the animal during confinement with a sufficient quantity of food or water, or to fail to provide a confined dog or cat with adequate shelter, or to torture, deprive of necessary sustenance, mutilate, beat, or kill such animal by any means which causes unjustified pain, distress or suffering.

(Code of Iowa, Sec. 717B.3)

55.04    LIVESTOCK NEGLECT.  It is unlawful for a person who impounds or confines livestock in any place to fail to provide the livestock with care consistent with customary animal husbandry practices or to deprive the livestock of necessary sustenance or to injure or destroy livestock by any means which causes pain or suffering in a manner inconsistent with customary animal husbandry practices.

(Code of Iowa, Sec. 717.2)

55.05    ABANDONMENT OF CATS AND DOGS.  A person who has ownership or custody of a cat or dog shall not abandon the cat or dog, except the person may deliver the cat or dog to another person who will accept ownership and custody or the person may deliver the cat or dog to an animal shelter or pound.

(Code of Iowa, Sec. 717B.8)

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

55.07    DESTRUCTION OF ANIMALS AT LARGE.  It is lawful for an Animal Control Officer or peace officer to destroy, if necessary, any animal found at large which cannot be captured.

55.08    DAMAGE OR INTERFERENCE.  It is unlawful for the owner of an animal to allow or permit such animal to pass upon the premises of another thereby causing damage to, or interference with, the premises.

55.09    ANNOYANCE OR DISTURBANCE.  It is unlawful for the owner of a dog to allow or permit such dog to cause serious annoyance or disturbance to any person or persons by frequent and habitual howling, yelping, barking, or otherwise; or, by running after or chasing persons, bicycles, automobiles or other vehicles.

55.10    SANITATION.  It is the duty of every person owning or having custody or control of an animal to clean up, remove and dispose of the feces deposited by such animal upon public property, park property, public right-of-way or the property of another person.

55.11    NUMBER OF ANIMALS LIMITED.  It is unlawful for an owner to harbor or house on the same premises more than four (4) animals over the age of six (6) months unless such animals are in a licensed kennel or pet shop, veterinary hospital or animal grooming shop.

55.12    POTENTIALLY DANGEROUS ANIMALS AND DANGEROUS ANIMALS.

1.            Any animal which has been deemed potentially dangerous or dangerous shall be seized by the Animal Control Officer or other authorized person and impounded at the City Pound.

2.            Any animal which has been deemed potentially dangerous or dangerous is considered to be a nuisance and notice to abate said nuisance shall be filed by the Mayor’s office on the owner of the animal for removal of the animal from the City limits within seventy-two (72) hours from the reception of the notice.  Upon payment of pickup and impoundment fees, and upon the animal being tattooed or a microchip being implanted at the owner’s expense, the animal’s owner may remove the animal from the City Pound to outside the City limits.  The animal’s owner shall provide a notarized statement designating the place to which the animal has been removed.  An animal not removed as required or an animal which has been removed and which is found again within the City limits shall be destroyed with no right of appeal.(Ord. 99-45 – Jan. 00 Supp.)

3.            Any owner of an animal deemed potentially dangerous or dangerous may appeal the removal order to the Council by having a written appeal on file at the office of the Clerk within seventy-two (72) hours of reception of the notice.

4.            Any owner of an animal which the Council allows to be returned to the owner’s premises shall, while on the owner’s property, be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping.  Such pen or structure must have minimum dimensions of four feet by eight feet (4¢ by 8¢) and must have secure sides and secure top.  The bottom shall be constructed of a four-inch (4²) concrete slab.  The enclosure must also provide protection from the elements for the animal.  A potentially dangerous or dangerous animal may be off the owner’s premises if it is muzzled and restrained by a substantial chain or leash not exceeding six feet (6¢) in length and under the control of a responsible adult person.  Any such animal which is again found to be at large shall be seized by the Animal Control Officer or other authorized person and the animal shall be destroyed, with the owner having no right of appeal.

5.         Vicious Dogs.  Notwithstanding any other provision of this chapter, no person owning, possessing, harboring or having the care of a vicious dog shall permit such animal within the City except as provided in this section of the Code.

A. For purposes of this section a “vicious” dog means:

(1) Any dog which has attacked a human being or domestic animal one or more times, without provocation; or

(2) Any dog with a history, tendency or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or

(3) Any dog that snaps, bites, or manifests a disposition to snap or bite; or

(4) Any dog that has been trained for dog fighting, animal fighting or animal baiting, or is owned or kept for such purposes; or

(5) Any dog trained to attack human beings upon command or spontaneously in response to human activities except dogs owned by and under the control of the police department, a law enforcement agency of the State of Iowa or the United States or a branch of the armed forces of the United States; or

(6) The American pit bull terrier breed of dog; or

(7) The American Staffordshire terrier breed of dog; or

(8) Any dog which has the appearance and characteristics of being predominantly of the breeds of American Pit Bull Terrier or American Staffordshire Terrier.

B. Vicious Animal Exceptions.  The owner of any dog defined as a vicious dog shall comply with the following:

(1) Present to the City Clerk a certificate of insurance issued by an insurance company licensed to do business in the State of Iowa, providing personal liability insurance coverage as in a homeowner’s policy, with a minimum amount of liability of $100,000 for the injury or death of any person, for damage to property of others and for acts of negligence by the owner or his other agents, in the keeping or owning of such vicious dog.  The certificate shall require notice to the City, in conformity with general standards for certificates of insurance, if the underlying policy of insurance is cancelled for any reason.  In lieu of such a certificate, a copy of a current homeowner’s policy designating these requirements shall be sufficient proof of insurance for purposes of this subsection.  If a certificate of insurance or policy is not immediately available, a binder indicating the coverage may be accepted for up to thirty (30) days subsequent to the determination that a dog is vicious; however, if after thirty (30) days a certificate of insurance or a policy has not been submitted, the dog shall be removed from the City within ten (10) days.

C. Confinement of Vicious Dogs.

(1) All vicious dogs shall be securely confined within an occupied house or residence or in a secured, enclosed and locked pen or structure.  Such pen or structure must have secure sides and a secure top attached to the sides, or in lieu of a top, walls at least six feet in height or at least six feet taller than an internal structure, such as a doghouse.

(2) All pens or structures designed, constructed or used to confine vicious dogs must be locked with a key or combination lock when such animals are within the structure.  Such structure must have a four inch thick concrete bottom, attached to the sides of the pen, or the sides of the pen must be embedded in the ground no less than two feet so as to prevent digging under the walls by the confined vicious dog.

(3) All structures erected to house vicious dogs must comply with the City zoning and building regulations.  All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.  No vicious dog may be kept on a porch, patio, or in any part of a house or structure that would allow the dog to exit such building on it own volition.

(4) No person shall permit a vicious dog to go outside its pen or structure unless such dog is securely leashed with a leash no longer than six (6) feet in length.  No person shall permit a vicious dog to be kept on a chain, rope or other type of leash outside its pen or structure unless both the dog and leash are under the actual physical control of a person eighteen (18) years of age or older.

(5) Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, or any other object or structure.

(6) Violation of this section is a misdemeanor.

D. Seizure, Impoundment and Disposition of Vicious Animals.

(1) In the event that a vicious animal, as defined in this section, is found at large, such animal may, in the sole discretion of the Mayor or his designee be destroyed rather than captured and impounded.  The City shall not be under any duty to attempt the capture and impoundment of a vicious animal as defined in this section nor shall the City have a duty to notify any person of the vicious animal at large prior to its destruction.

(2) The Mayor, or his designee, either upon receipt of a complaint or upon his or her action may initiate proceedings to determine whether or not an animal being kept, sheltered or harbored within the City limits is a vicious animal as defined in this section.

(3) If the Mayor or his designee concludes the animal is a vicious animal as defined in this section, then the Mayor or his designee shall order the person owning, keeping, sheltering, or harboring the animal to comply with this section or remove the vicious animal from the corporate limits of the City or to destroy the vicious animal in a humane manner.  This order shall be served upon the person or entity by personal service or registered mail.

(4) Unless appealed, the order of the Mayor or designee shall be deemed final for all purposes three (3) days after the order is served as provided by subparagraph (3) above.

(5) The person or entity against whom the order of the Mayor or his designee is issued shall have the right to appeal the order to the City Council.  The order shall be stayed pending Creston City Council action on the appeal.  The appeal shall be filed in writing with the office of the City Clerk, within three (3) days of the date of the service of the order as above provided.  Failure to timely file such written appeal shall constitute a waiver of the right of appeal and the order of the Mayor or his designee shall be then deemed final for all purposes.  The notice of appeal shall state the grounds for appeal.  The appeal hearing shall be held as expeditiously as reasonably possible.  The appellant shall be entitled to at least one (1) day notice of the date of the hearing.  Following the hearing, the City Council may affirm or reverse the order of the Mayor or designee.  The City Council shall cause notice of its decision to be served upon the appellant by personal service or certified mail.  The City Council decision shall be deemed final for all purposes three (3) days after the appellant’s receipt of the City Council notice of decision.

(6) If the City Council affirms the Mayor or designee, then the notice of decision shall order the person or entity owning, keeping, sheltering or harboring such vicious animal to comply with this section or to remove such animal from the corporate limits of the City or to destroy the animal in a humane manner.

(7) The person or entity owning, keeping, sheltering, or harboring the vicious animal shall comply with the order of the City Council on or before the date the order becomes final.  In the event the person or entity does not timely comply with the order, then the Mayor or designee is authorized to seize and impound such vicious animal and such animal shall be impounded for a period of seven (7) days.  If at the end of the impoundment period the person or entity against whom the order has been entered has not petitioned the Iowa District Court of Union County for further review of the order, the Mayor or designee shall then cause the vicious animal to be destroyed in a humane manner.

(8) The failure to comply with a final order issued pursuant to this section shall constitute a municipal infraction.

(Ord. 06-94 ‑ June 06 Supp.)

55.13    RABIES VACCINATION.  Every owner of an animal shall obtain a rabies vaccination for such animal.  It is unlawful for any person to own or have an animal in said person’s possession, six months of age or over, which has not been vaccinated against rabies and which is not wearing a current certificate of vaccination tag required under the rules of the Iowa Department of Agriculture.  This section does not apply to animals that are under the control of the owner or keeper and in transit and to be in the City for less than thirty (30) days or which are assigned to a research institution or similar facility.

55.14    LEASH CONTROL BY PROCLAMATION.  The Mayor may, by published proclamation, order all animals to be constantly confined or restrained by leash, cord or chain for a period of time not exceeding one hundred twenty (120) days.  Any animal not confined during the proclaimed time may summarily be disposed of by the Animal Control Officer and the owner thereof shall be subject to a fine.

55.15    OWNER’S DUTY.  It is the duty of the owner of any dog, cat or other animal which has bitten or attacked a person or any person having knowledge of such bite or attack to report this act to a local health or law enforcement official.  It is the duty of physicians and veterinarians to report to the local board of health the existence of any animal known or suspected to be suffering from rabies.

(Code of Iowa, Sec. 351.38)

55.16    CONFINEMENT.  When a local board of health receives information that any person has been bitten by an animal or that a dog or animal is suspected of having rabies, it shall order the owner to confine such animal in the manner it directs.  If the owner fails to confine such animal in the manner directed, the animal shall be apprehended and impounded by such board, and after two weeks the board may humanely destroy the animal.  If such animal is returned to its owner, the owner shall pay the cost of impoundment.

(Code of Iowa, Sec. 351.39)

55.17    CATCHING AND IMPOUNDING. 

1.            Any animal found at large, wherever found, shall be seized and impounded or, at the discretion of the Animal Control Officer, the owner may be served a summons to appear before the proper court to answer charges.  The Animal Control Officer may use any humane means or force necessary to impound or catch the animal at large.

2.            The owner of an animal which has rabies vaccination tag or identification tag attached shall be notified in writing or by one publication of said notice in a newspaper published in the City.  The payment for the animal shall be made to the Animal Control Officer.  The daily holding fee is $5.00, and the payment schedule of pickup fees is as follows:

A. First offense within two (2) years $25.00

A photograph of the dog will be taken for future identification.

B. Second offense within two (2) years $50.00

The dog will be tattooed or a microchip will be implanted at the owner’s expense prior to release.            (Ord. 99-45 – Jan. 00 Supp.)

C. Third offense within two (2) years $100.00

Upon a third offense, the animal shall be removed from the City limits permanently.

(Ord. 99-39 – Oct. 99 Supp.)

If the impounded animal is not recovered by its owner within seven (7) days after notice, the animal shall be humanely disposed of under the direction of the Animal Control Officer.

3.            Impounded, unlicensed animals may be removed by the owner upon proper identification and presentation to the Animal Control Officer proof that said animal has been currently vaccinated for rabies, by payment of all pickup and impounding costs, and by proof that proper insurance is in place to cover any damages or injuries that may be caused by the animal.  If such animals are not claimed within seven (7) days after impounding, they shall be humanely disposed of under the direction of the Animal Control Officer.                                   (Ord. 99-39 – Oct. 99 Supp.)

4.            If any animal impounded at the Pound is sold, there shall be deducted from the selling price all accrued costs and expenses for impounding the animal.  The balance of the sale price, if any, shall be paid to the owner of the animal.

5.            Any animal which has bitten and broken skin on any human shall be impounded at the City Pound or with a veterinarian of the owner’s choice for a period of not less than ten (10) days or for a period directed by a veterinarian or at the direction of a medical professional.  The animal’s owner shall be liable for all costs accrued during impoundment.

55.18    ENFORCEMENT.  Individuals may, and the Animal Control Officer shall, cause enforcement of this chapter upon written or oral complaint.  Peace officers shall additionally cause enforcement of this chapter against known violators.

55.19    PENALTY.  Anyone violating the provisions of this chapter within a two (2) year time limit shall, upon conviction, be subject to imprisonment not exceeding thirty (30) days and a fine as follows:             (Ord. 99-39 – Oct. 99 Supp.)

1.            For the first violation, a minimum of $25.00 fine shall be imposed.

2.            Upon the second violation, a minimum fine of $50.00 shall be imposed.

3.            Upon the third and subsequent offenses, a minimum fine of $100.00 shall be imposed for each violation and the animal removed from the City limits permanently.

4.            Each day that the owner of an animal does not comply with this chapter is deemed a separate offense.

55.20    LIVESTOCK CONFINEMENT OPERATIONS.  No commercial livestock confinement operations shall be allowed within the City limits.  In the event of continued operation after providing notice to cease and desist, a fine may be levied in an amount not to exceed $100.00 per day for each day the violation continues after receiving notice to cease and desist.

CHAPTER 56

MOWING OF PROPERTIES

56.01  Mowing of Properties	56.03  Method of Service and Billing
56.02  Penalty

56.01    MOWING OF PROPERTIES.  Any property within the City of Creston, whether vacated or non-vacated, is required to be mowed any time the vegetation reaches a height of more than 12 inches by the fifteenth (15^th) day of the month in May, June, July, August, September and October of each year.

56.02    PENALTY.  The City or their agents may mow any property, which is not mowed by the above dates, and a charge of $75.00 per hour for such mowing, plus a surcharge of $100.00, will be charged to the property owner.  Any property owners who fail to mow their properties, thus allowing the same to be mowed by the City of their agents, and who do not provide payment for the mowing as required, will be assessed by the City for such costs, which will be collected in the same manner as general property taxes. 

56.03    METHOD OF SERVICE AND BILLING.  Annual publication of the ordinance codified by this chapter will serve as notice to property owners.  Any billings for mowing done by the City or their agents are to be sent by regular mail and are payable within 30 days of the billing date.

 

(Ch. 56 – Ord. 05-88 – Jul. 05 Supp.)

 

 

 

 

[The next page is 285]

 

CHAPTER 60

ADMINISTRATION OF TRAFFIC CODE

60.01  Title	60.05  Traffic Accidents:  Reports
60.02  Definitions	60.06  Peace Officer’s Authority
60.03  Administration and Enforcement	60.07  Obedience to Peace Officers
60.04  Power to Direct Traffic	60.08  Parades Regulated

60.01    TITLE.  Chapters 60 through 70 of this Code of Ordinances may be known and cited as the “Creston Traffic Code.”

60.02    DEFINITIONS.  Where words and phrases used in the Traffic Code are defined by State law, such definitions apply to their use in said Traffic Code and are adopted by reference.  Those definitions so adopted that need further definition or are reiterated, and other words and phrases used herein, have the following meanings:

1.            “Business District” means the territory contiguous to and including the following designated streets:

A. Union Street from New York Avenue to Walnut Street;

B. Walnut Street from Union Street to Mills Street;

C. Mills Street from Walnut Street to Elm Street;

D. Elm Street from Mills Street to Montgomery Street;

E. Montgomery Street from Elm Street to Division Street;

F. Division Street from Montgomery Street to Adams Street;

G. Adams Street from Division Street to New York Avenue;

H. New York Avenue from Adams Street to Union Street.

2.            “Park” or “parking” means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

3.            “Peace officer” means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

(Code of Iowa, Sec. 321.1[45])

4.            “Residence district” means the territory contiguous to and including a highway not comprising a business, suburban or school district, where forty percent (40%) or more of the frontage on such a highway for a distance of three hundred (300) feet or more is occupied by dwellings or by dwellings and buildings in use for business.

(Code of Iowa, Sec.  321.1[58])

5.            “School district” means the territory contiguous to and including a highway for a distance of two hundred (200) feet in either direction from a school house.

(Code of Iowa, Sec. 321.1[59])

6.            “Stand” or “standing” means the halting of a vehicle, whether occupied or not, otherwise than for the purpose of and while actually engaged in receiving or discharging passengers.

7.            “Stop” means when required, the complete cessation of movement.

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

9.            “Suburban district” means all other parts of the City not included in the business, school or residence districts.

(Code of Iowa, Sec. 321.1[60])

10.            “Traffic control device” means all signs, signals, markings, and devices not inconsistent with this chapter, lawfully placed or erected for the purpose of regulating, warning, or guiding traffic.

(Code of Iowa, Sec. 321.1[62])

11.            “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, street, or alley.

(Code of Iowa, Sec. 321.1 [1])

60.03    ADMINISTRATION AND ENFORCEMENT.  Provisions of this chapter and State law relating to motor vehicles and law of the road are enforced by the Police Chief.

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

60.04    POWER TO DIRECT TRAFFIC.  A peace officer, and, in the absence of a peace officer, any officer of the fire department when at the scene of a fire, is authorized to direct all traffic by voice, hand or signal in conformance with traffic laws.  In the event of an emergency, traffic may be directed as conditions require, notwithstanding the provisions of the traffic laws.

(Code of Iowa, Sec. 102.4 & 321.236[2])

60.05    TRAFFIC ACCIDENTS: REPORTS.  The driver of a vehicle involved in an accident within the limits of the City shall file a report as and when required by the Iowa Department of Transportation.  A copy of this report shall be filed with the City for the confidential use of peace officers and shall be subject to the provisions of Section 321.271 of the Code of Iowa.

(Code of Iowa, Sec. 321.273 & 321.274)

60.06    PEACE OFFICER’S AUTHORITY.  Any peace officer is authorized to stop any vehicle to require exhibition of the driver’s motor vehicle license, to serve a summons or memorandum of traffic violation, to inspect the condition of the vehicle, to inspect the vehicle with reference to size, weight, cargo, bills of lading or other manifest of employment, tires and safety equipment, or to inspect the registration certificate, the compensation certificate, travel order, or permit of such vehicle.

(Code of Iowa, Sec. 321.492)

60.07    OBEDIENCE TO PEACE OFFICERS.  No person shall willfully fail or refuse to comply with any lawful order or direction of any peace officer invested by law with authority to direct, control, or regulate traffic.

(Code of Iowa, Sec. 321.229)

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

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

2.            Permit Required.  No parade shall be conducted without first obtaining a written permit from the Mayor.  Such permit shall state the time and date for the parade to be held and the streets or general route therefor. Such written permit granted to the person organizing or sponsoring the parade shall be permission for all participants therein to parade when such participants have been invited by the permittee to participate therein.  A fee in the amount of ten dollars ($10.00) shall be required for such permit.

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

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

 

CHAPTER 61

TRAFFIC CONTROL DEVICES

61.01  Stop and Yield Signs	61.04  Traffic Lanes
61.02  Installation of Other Traffic Control Devices	61.05  Standards
61.03  Crosswalks	61.06  Compliance

61.01    STOP AND YIELD SIGNS.  The Council, upon the advice of the Mayor, Public Works Director and Police Chief, shall cause to be placed and maintained appropriate stop signs and yield right-of-way signs.  The Police Chief shall keep an official map of the location of all stop and yield signs.

61.02    INSTALLATION OF OTHER TRAFFIC CONTROL DEVICES.  Other traffic control devices or emergency or temporary traffic control devices for the duration of an emergency or temporary condition as traffic conditions may require to regulate, guide or warn traffic shall be placed and maintained when and as required under this Traffic Code or under State law.  The City shall keep a record of all such traffic control devices.

(Code of Iowa, Sec. 321.255)

61.03    CROSSWALKS.  The Public Works Director is hereby authorized, subject to approval of the Council, to designate and maintain crosswalks by appropriate traffic control devices at intersections where, due to traffic conditions, there is particular danger to pedestrians crossing the street or roadway, and at such other places as traffic conditions require.

(Code of Iowa, Sec. 372.13[4] & 321.255)

61.04    TRAFFIC LANES.  The Public Works Director is hereby authorized to mark lanes for traffic on street pavements at such places as traffic conditions require, consistent with the traffic code of the City.  Where such traffic lanes have been marked, it shall be unlawful for the operator of any vehicle to fail or refuse to keep such vehicle within the boundaries of any such lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement.

(Code of Iowa, Sec. 372.13[4] & 321.255)

61.05    STANDARDS.  Traffic control devices shall comply with standards established by The Manual of Uniform Traffic Control Devices for Streets and Highways.

(Code of Iowa, Sec. 321.255)

61.06    COMPLIANCE.  No driver of a vehicle shall disobey the instructions of any official traffic control device placed in accordance with the provisions of this chapter, unless at the time otherwise directed by a peace officer.

(Code of Iowa, Sec. 321.256)

CHAPTER 62

GENERAL TRAFFIC REGULATIONS

62.01  Violation of Regulations	62.08  Obstructing View at Intersections
62.02  Vehicles on Sidewalks	62.09  Reckless Driving
62.03  Clinging to Vehicle	62.10  Excessive Acceleration
62.04  Quiet Zones	62.11  Careless Driving
62.05  Funeral Processions	62.12  Excessive Noise
62.06  Tampering with Vehicle	62.13  Milling
62.07  Open Container of Alcoholic Beverage, Wine or
Beer on Streets and Highways

62.01    VIOLATION OF REGULATIONS.  Any person who willfully fails or refuses to comply with any lawful order of a peace officer or direction of a fire department officer during a fire, or who shall fail to abide by the provisions of this chapter and the applicable provisions of the following Iowa statutory laws relating to motor vehicles and the statutory law of the road is in violation of this chapter.  These sections of the Code of Iowa are adopted by reference and are as follows:

1.            Section 321.32 — Registration card carried and exhibited.

2.            Section 321.37 — Display of plates.

3.            Section 321.38 — Plates, method of attaching, imitations prohibited.

4.            Section 321.79 — Intent to injure.

5.            Section 321.98 — Operation without registration.

6.            Section 321.174 — Operators licensed.

7.            Section 321.193 — Restricted licenses.

8.            Section 321.216 — Unlawful use of license.

9.            Section 321.218 — Driving without valid license.

10.            Section 321.219 — Permitting unauthorized minor to drive.

11.            Section 321.220 — Permitting unauthorized person to drive.

12.            Section 321.221 — Employing unlicensed chauffeur.

13.            Section 321.222 — Renting motor vehicle to another.

14.            Section 321.223 — License inspected.

15.            Section 321.224 — Record kept.

16.            Section 321.232 — Radar jamming devices — penalty.

17.            Section 321.234A — All-terrain vehicles.

18.            Section 321.240 — Altering center of gravity of vehicle.

19.            Section 321.247 — Golf cart operation on City streets.

20.            Section 321.259 — Unauthorized signs, signals or markings.

21.            Section 321.262 — Damage to vehicle.

22.            Section 321.263 — Information and aid.

23.            Section 321.264 — Striking unattended vehicle.

24.            Section 321.265 — Striking fixtures upon a highway.

25.            Section 321.275 — Operation of motorcycles and motorized bicycles.

26.            Section 321.278 — Drag racing prohibited.

27.            Section 321.288 — Control of vehicle — reduced speed.

28.            Section 321.295 — Limitation on bridge or elevated structures.

29.            Section 321.297 — Driving on right-hand side of roadways

— exceptions.

30.            Section 321.298 — Meeting and turning to right.

31.            Section 321.299 — Overtaking a vehicle.

32.            Section 321.302 — Overtaking on the right.

33.            Section 321.303 — Limitations on overtaking on the left.

34.            Section 321.304 — Prohibited passing.

35.            Section 321.307 — Following too closely.

36.            Section 321.308 — Motor trucks and towed vehicles — distance requirements.

37.            Section 321.309 — Towing — convoys — drawbars.

38.            Section 321.310 — Towing four-wheel trailers.

39.            Section 321.312 — Turning on curve or crest of grade.

40.            Section 321.313 — Starting parked vehicle.

41.            Section 321.314 — When signal required.

42.            Section 321.315 — Signal continuous.

43.            Section 321.316 — Stopping.

44.            Section 321.317 — Signals by hand and arm or signal device.

45.            Section 321.319 — Entering intersections from different highways.

46.            Section 321.320 — Left turns — yielding.

47.            Section 321.323 — Moving vehicle backward on highway.

48.            Section 321.324 — Operation on approach of emergency vehicles.

49.            Section 321.329 — Duty of driver — pedestrians crossing or working on highways.

50.            Section 321.330 — Use of crosswalks.

51.            Section 321.332 — White canes restricted to blind persons.

52.            Section 321.333 — Duty of drivers.

53.            Section 321.340 — Driving through safety zone.

54.            Section 321.341 — Obedience to signal of train.

55.            Section 321.342 — Stop at certain railroad crossings — posting warning.

56.            Section 321.343 — Certain vehicles must stop.

57.            Section 321.344 — Heavy equipment at crossing.

58.            Section 321.354 — Stopping on traveled way.

59.            Section 321.359 — Moving other vehicle.

60.            Section 321.362 — Unattended motor vehicle.

61.            Section 321.363 — Obstruction to driver’s view.

62.            Section 321.364 — Preventing contamination of food by hazardous material.

63.            Section 321.365 — Coasting prohibited.

64.            Section 321.367 — Following fire apparatus.

65.            Section 321.368 — Crossing fire hose.

66.            Section 321.371 — Clearing up wrecks.

67.            Section 321.372 — School buses.

68.            Section 321.381 — Movement of unsafe or improperly equipped vehicles.

69.            Section 321.382 — Upgrade pulls — minimum speed.

70.            Section 321.383 — Exceptions — slow vehicles identified.

71.            Section 321.384 — When lighted lamps required.

72.            Section 321.385 — Head lamps on motor vehicles.

73.            Section 321.386 — Head lamps on motorcycles and motorized bicycles.

74.            Section 321.387 — Rear lamps.

75.            Section 321.388 — Illuminating plates.

76.            Section 321.389 — Reflector requirement.

77.            Section 321.390 — Reflector requirements.

78.            Section 321.392 — Clearance and identification lights.

79.            Section 321.393 — Color and mounting.

80.            Section 321.394 — Lamp or flag on projecting load.

81.            Section 321.395 — Lamps on parked vehicles.

82.            Section 321.398 — Lamps on other vehicles and equipment.

83.            Section 321.402 — Spot lamps.

84.            Section 321.403 — Auxiliary driving lamps.

85.            Section 321.404 — Signal lamps and signal devices.

86.            Section 321.405 — Self-illumination.

87.            Section 321.406 — Cowl lamps.

88.            Section 321.408 — Back-up lamps.

89.            Section 321.409 — Mandatory lighting equipment.

90.            Section 321.415 — Required usage of lighting devices.

91.            Section 321.417 — Single-beam road-lighting equipment.

92.            Section 321.418 — Alternate road-lighting equipment.

93.            Section 321.419 — Number of driving lamps required or permitted.

94.            Section 321.420 — Number of lamps lighted.

95.            Section 321.421 — Special restrictions on lamps.

96.            Section 321.422 — Red light in front.

97.            Section 321.423 — Flashing lights.

98.            Section 321.424 — Sale of lights — approval.

99.            Section 321.430 — Brake, hitch and control requirements.

100.            Section 321.431 — Performance ability.

101.            Section 321.432 — Horns and warning devices.

102.            Section 321.433 — Sirens and bells prohibited.

103.            Section 321.434 — Bicycle sirens or whistles.

104.            Section 321.436 — Mufflers, prevention of noise.

105.            Section 321.437 — Mirrors.

106.            Section 321.438 — Windshields and windows.

107.            Section 321.439 — Windshield wipers.

108.            Section 321.440 — Restrictions as to tire equipment.

109.            Section 321.441 — Metal tires prohibited.

110.            Section 321.442 — Projections on wheels.

111.            Section 321.444 — Safety glass.

112.            Section 321.445 — Safety belts and safety harnesses — use required.

113.            Section 321.446 — Child restraint devices.

114.            Section 321.449 — Motor carrier safety regulations.

115.            Section 321.450 — Hazardous materials transportation regulations.

116.            Section 321.454 — Width of vehicles.

117.            Section 321.455 — Projecting loads on passenger vehicles.

118.            Section 321.456 — Height of vehicles — permits.

119.            Section 321.457 — Maximum length.

120.            Section 321.458 — Loading beyond front.

121.            Section 321.460 — Spilling loads on highways.

122.            Section 321.461 — Trailers and towed vehicles.

123.            Section 321.462 — Drawbars and safety chains.

124.            Section 321.463 — Maximum gross weight.

125.            Section 321.465 — Weighing vehicles and removal of excess.

126.            Section 321.466 — Increased loading capacity — reregistration.

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

62.03    CLINGING TO VEHICLE.  No person shall drive a motor vehicle on the streets of the City unless all passengers of said vehicle are inside the vehicle in the place intended for their accommodation.  No person 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, in-line skates, sled or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway.

62.04    QUIET ZONES.  Whenever authorized signs are erected indicating a quiet zone, no person operating a motor vehicle within any such zone shall sound the horn or other warning device of such vehicle except in an emergency.

62.05    FUNERAL PROCESSIONS.  Upon the immediate approach of a funeral procession, the driver of every other vehicle, except an authorized emergency vehicle, shall yield the right-of-way.  An operator of a motor vehicle which is part of a funeral procession shall not be charged with violating traffic rules and regulations relating to traffic signals and devices while participating in the procession unless the operation is reckless.

(Code of Iowa, Sec. 321.324A)

62.06    TAMPERING WITH VEHICLE.  It is unlawful for any person, either individually or in association with one or more other persons, to willfully injure or tamper with any vehicle or break or remove any part or parts of or from a vehicle without the consent of the owner.

62.07    OPEN CONTAINER OF ALCOHOLIC BEVERAGE, WINE OR BEER ON STREETS AND HIGHWAYS.  A person driving a motor vehicle shall not knowingly possess in a motor vehicle upon a public street or highway an open or unsealed bottle, can, jar, or other receptacle containing an alcoholic beverage, wine or beer with the intent to consume the alcoholic beverage, wine or beer while the motor vehicle is upon a public street or highway.  Evidence that an open or unsealed receptacle containing an alcoholic beverage, wine or beer was found during an authorized search in the glove compartment, utility compartment, console, front passenger seat, or any unlocked portable device and within the immediate reach of the driver while the motor vehicle is upon a public street or highway is evidence from which the court or jury may infer that the driver intended to consume the alcoholic beverage, wine or beer while upon the public street or highway if the inference is supported by corroborative evidence.  However, an open or unsealed receptacle containing an alcoholic beverage, wine or beer may be transported at any time in the trunk of the motor vehicle or in some other area of the interior of the motor vehicle not designed or intended to be occupied by the driver and not readily accessible to the driver while the motor vehicle is in motion.

(Code of Iowa, Sec. 321.284)

62.08    OBSTRUCTING VIEW AT INTERSECTIONS.  It is unlawful to allow any tree, hedge, billboard or other object to obstruct the view of an intersection by preventing persons from having a clear view of traffic approaching the intersection from cross streets.  Any such obstruction is deemed a nuisance and in addition to the standard penalty may be abated in the manner provided by Chapter 50 of this Code of Ordinances.

62.09    RECKLESS DRIVING.  No person shall drive any vehicle in such manner as to indicate a willful or a wanton disregard for the safety of persons or property.

(Code of Iowa, Sec. 321.277)

62.10    EXCESSIVE ACCELERATION.  It is unlawful for any person in the operation of a motor vehicle, including motorcycles, to so accelerate such vehicle as to cause audible noise by the friction of the tires on the pavement or to cause the tires of the vehicle to leave marks on the pavement or to throw sand and gravel, or to cause the wheel of a motorcycle to leave the ground more than two (2) inches, except when such acceleration is reasonably necessary to avoid a collision.

62.11    CARELESS DRIVING.  No person shall drive any vehicle in such a manner as to indicate a disregard for the safety of persons or property.

62.12    EXCESSIVE NOISE.  It is unlawful for any person to drive or operate any motor vehicle on the streets, alleys, public grounds, parking lots or parks in the City in such a manner as to cause noise from the tires of said vehicle or in such a manner as to cause loud, noisy or unusual engine sounds.

62.13    MILLING.  It is unlawful to drive or operate a vehicle, either singly or with others, in any processional milling or repeated movement over any street to the interference with normal traffic use, or to the annoyance or offense of any person.

[The next page is 303]

 

CHAPTER 63

SPEED REGULATIONS

63.01  General	63.08  Special Speed Restrictions
63.02  Business District	63.09  Special 20 MPH Speed Zones
63.03  Residence or School District	63.10  Special 25 MPH Speed Zones
63.04  Suburban District	63.11  Special 35 MPH Speed Zones
63.05  Parks, Cemeteries and Parking Lots	63.12  Special 45 MPH Speed Zones
63.06  Minimum Speed	63.13  Special 50 MPH Speed Zones
63.07  Emergency Vehicles	63.14  Controlled Access Facilities

63.01    GENERAL.  Every driver of a motor vehicle on a street shall drive the same at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface and width of the street and of any other conditions then existing, and no person shall drive a vehicle on any street at a speed greater than will permit him to bring it to a stop within the assured clear distance ahead, such driver having the right to assume, however, that all persons using said street will observe the law.

(Code of Iowa, Sec. 321.285)

63.02    BUSINESS DISTRICT.  A speed in excess of twenty (20) miles per hour in the business district, unless specifically designated otherwise in this chapter, is unlawful.

(Code of Iowa, Sec. 321.285 [1])

63.03    RESIDENCE OR SCHOOL DISTRICT.  A speed in excess of twenty-five (25) miles per hour in any school or residence district, unless specifically designated otherwise in this chapter, is unlawful.

(Code of Iowa, Sec. 321.285 [2])

63.04    SUBURBAN DISTRICT.  A speed in excess of forty-five (45) miles per hour in any suburban district, unless specifically designated otherwise in this chapter, is unlawful.

(Code of Iowa, Sec. 321.285 [4])

63.05    PARKS, CEMETERIES AND PARKING LOTS.  A speed in excess of fifteen (15) miles per hour in any public park, cemetery or parking lot, unless specifically designated otherwise in this chapter, is unlawful.

(Code of Iowa, Sec. 321.236[5])

63.06    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 law.

 (Code of Iowa, Sec. 321.294)

63.07    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 audible signal by bell, siren or whistle.  This provision does not relieve such driver from the duty to drive with due regard for the safety of others.

 (Code of Iowa, Sec. 321.231)

63.08    SPECIAL SPEED RESTRICTIONS.  In accordance with requirements of the Iowa State Department of Transportation, or whenever the Council shall determine upon the basis of an engineering and traffic investigation that any speed limit herein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of the City street system, the Council shall determine and adopt by ordinance such higher or lower speed limit as it deems reasonable and safe at such location.

 (Code of Iowa, Sec. 321.290)

63.09    SPECIAL 20 MPH SPEED ZONES.  A speed in excess of twenty (20) miles per hour is unlawful on any of the following designated streets or parts thereof.

1.            On Townline Street from the east line of Spruce Street to the west line of Maple Street.

63.10    SPECIAL 25 MPH SPEED ZONES.  A speed in excess of twenty-five (25) miles per hour is unlawful on any of the following designated streets or parts thereof.

1.            On Sumner Avenue from U.S. Highway 34 to Adams Street.

2.            On North Lincoln Street from Townline Street to 100 yards north of Spartan Drive/Academic Drive.                        (Ord. 04-80 – Feb. 05 Supp.)

63.11    SPECIAL 35 MPH SPEED ZONES.  A speed in excess of thirty-five (35) miles per hour is unlawful on any of the following designated streets or parts thereof.

1.            On South Cherry Street from Taylor Street to south City limits;

2.            On Sumner Avenue from Howard Street to Prairie Street;

3.            On Sumner Avenue from Adams Street to Townline Street;

4.            On Townline Street from Spruce Street to centerline of right-of-way of Burlington Northern, Inc.;

5.            On Townline Street from Sumner Avenue to 600 feet west of its intersection with Lincoln Street;

6.            On Townline Street from Sumner Avenue to the west line of Spruce Street;

7.            On Townline Street from the west line of Maple Street to the centerline of the Burlington Northern Railroad;

8.            On Green Valley Lake Road (Iowa Highway 186) from Iowa Highway 25 to 1200 feet north;                          (Ord. 97-15 - Oct. 97 Supp.)

9.            On Taylor Street from Chestnut Street to Sheldon Street;

10.            On New York Avenue from Sheldon Street to Park Street.

(#9 & 10 ‑ Ord. 02-61 – Oct. 02 Supp.)

11.            On Taylor Street from approximately 100 feet east of Chestnut Street to 450 feet west of Chestnut Street.          (Ord. 04-79 – Dec. 04 Supp.)

63.12    SPECIAL 45 MPH SPEED ZONES.  A speed in excess of forty-five (45) miles per hour is unlawful on any of the following designated streets or parts thereof.

1.            On Sumner Avenue from Prairie Street to west corporation line;

2.            On Townline Street from 600 feet west of Lincoln Street to west corporation line (Cottonwood Street);

3.            On Green Valley Lake Road (Iowa Highway 186) from 1200 feet north of Iowa Highway 25 to 2000 feet north;             (Ord. 97-15 - Oct. 97 Supp.)

4.            On New York Avenue from Park Street to the western City limits of the City.                                                                (Ord. 02-61 – Oct. 02 Supp.)

5.            On Taylor Street, also known as Highway 34, from approximately 100 feet east of Chestnut Street to the corporate City limits.

(Ord. 04-79 – Dec. 04 Supp.)

63.13    SPECIAL 50 MPH SPEED ZONES.  A speed in excess of fifty (50) miles per hour is unlawful on any of the following designated streets or parts thereof.

1.            On Townline Street from the centerline of right-of-way of Burlington Northern, Inc. to Osage Street;

2.            On Green Valley Lake Road (Iowa Highway 186) from 2000 feet north of Iowa Highway 25 to north City limits.            (Ord. 97-15 - Oct. 97 Supp.)

63.14    CONTROLLED ACCESS FACILITY.  Speed limits on controlled access facilities are as specified in Chapter 140 of this Code of Ordinances.

CHAPTER 64

TURNING REGULATIONS

64.01  Authority to Mark

64.02  U-turns

64.01    AUTHORITY TO MARK.  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 such markers, buttons or signs.

(Code of Iowa, Sec. 321.311)

64.02    U-TURNS.  It is unlawful for a driver to make a U-turn except at an intersection, however, U-turns are prohibited within the business district, at the following designated intersections and at intersections where there are automatic traffic signals.

(Code of Iowa, Sec. 321.236[9])

— NONE —

° ° ° ° ° ° ° ° ° °

CHAPTER 65

STOP OR YIELD REQUIRED

65.01  Stop or Yield	65.03  Stop Before Crossing Sidewalk
65.02  School Stops	65.04  Stop When Traffic Is Obstructed
	65.05  Yield to Pedestrians in Crosswalks

65.01    STOP OR YIELD REQUIRED.  At the intersections of through streets and at intersections upon streets other than through streets where, because of heavy cross traffic or other traffic conditions, particular hazard exists, the Police Chief, Mayor or Public Works Director is hereby authorized to determine whether vehicles shall stop or yield at one or more entrances to any such intersection and shall present such recommendation to the Council, and upon approval by the Council, shall erect an appropriate sign at every such place when a stop or yield is required.  Every driver of a vehicle shall stop or yield as directed by the signs posted in accordance with this section.

65.02   SCHOOL STOPS.  At any school crossing zone, every driver of a vehicle approaching said zone shall bring the vehicle to a full stop at a point ten (10) feet from the approach side of the crosswalk marked by an authorized school stop sign and thereafter proceed in a careful and prudent manner until the vehicle shall have passed through such school crossing zone.  

(Code of Iowa, Sec. 321.249)

65.03   STOP BEFORE CROSSING SIDEWALK.  The driver of a vehicle emerging from a private roadway, alley, driveway, or building shall stop such vehicle immediately prior to driving onto the sidewalk area and thereafter shall proceed into the sidewalk area only when able to do so without danger to pedestrian traffic and shall yield the right-of-way to any vehicular traffic on the street into which the vehicle is entering.  

(Code of Iowa, Sec. 321.353)

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

65.05   YIELD TO PEDESTRIANS IN CROSSWALKS.  Where traffic control signals are not in place or in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping, if need be, to yield to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.  

(Code of Iowa, Sec. 321.327)

CHAPTER 66

LOAD AND WEIGHT RESTRICTIONS

66.01  Temporary Embargo	66.03  Load Limits Upon Certain Streets
66.02  Permits for Excess Size and Weight	66.04  Load Limits on Bridges

66.01    TEMPORARY EMBARGO.  If the Council declares an embargo when it appears by reason of deterioration, rain, snow or other climatic conditions that certain streets will be seriously damaged or destroyed by vehicles weighing in excess of an amount specified by the signs, no such vehicles shall be operated on streets so designated by such signs.

(Code of Iowa, Sec. 321.471 & 472)

66.02    PERMITS FOR EXCESS SIZE AND WEIGHT.  The Police Chief may, upon application and good cause being shown therefor, issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight or load exceeding the maximum specified by State law or City ordinance over those streets named in the permit which are under the jurisdiction of the City and for which the City is responsible for maintenance.

(Code of Iowa, Sec. 321.473 & 321E.1)

66.03    LOAD LIMITS UPON CERTAIN STREETS.  No person shall park any vehicle with a gross weight in excess of one (1) ton at any time upon any of the following streets or parts of streets except for the purpose of loading or unloading:

(Code of Iowa, Sec. 321.473 & 475)

1.            Pine Street from Mills Street to Adams Street;

2.            Maple Street from Mills Street to Adams Street;

3.            Elm Street from Mills Street to Taylor Street;

4.            Adams Street from Walnut Street to Division Street;

5.            Montgomery Street from Walnut Street to Oak Street;

6.            Mills Street from Pine Street to Elm Street;

7.            Union Street from Maple Street to Elm Street.

(See also Section 69.09)

66.04    LOAD LIMITS ON BRIDGES.  Where it has been determined that any City bridge has a capacity less than the maximum permitted on the streets of the City, or on the street serving the bridge, the Mayor may cause to be posted and maintained signs on said bridge and at suitable distances ahead of the entrances thereof to warn drivers of such maximum load limits, and no person shall drive a vehicle weighing, loaded or unloaded, upon said bridge in excess of such posted limit.

(Code of Iowa, Sec. 321.473)

CHAPTER 67

PEDESTRIANS

67.01  Walking in Street	67.03  Pedestrian Crossing
67.02  Hitchhiking	67.04  Use Sidewalks

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

(Code of Iowa, Sec. 321.326)

67.02  HITCHHIKING.  No person shall stand in the traveled portion of a street for the purpose of soliciting a ride from the driver of any private vehicle.

(Code of Iowa, Sec. 321.331)

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

(Code of Iowa, Sec. 321.328)

67.04  USE SIDEWALKS.  Where sidewalks are provided it is unlawful for any pedestrian to walk along and upon an adjacent street.

 

° ° ° ° ° ° ° ° ° °

CHAPTER 68

ONE-WAY TRAFFIC

 

(REPEALED BY ORDINANCE NO. 99-36 – OCT. 99 SUPP.)

° ° ° ° ° ° ° ° ° °

CHAPTER 69

PARKING REGULATIONS

69.01  Park Adjacent to Curb	69.10  Parking Limited to Two Hours
69.02  Park Adjacent to Curb — One-way Street	69.11  Parking Limited to Four Hours
69.03  Diagonal Parking	69.12  Parking Limited As Posted
69.04  Angle Parking — Manner	69.13  Loading Zones
69.05  Parking for Certain Purposes Illegal	69.14  Hours of Parking
69.06  Parking Prohibited	69.15  Snow Removal
69.07  Handicapped Parking	69.16  Snow Routes
69.08  No Parking Zones	69.17  Controlled Access Facilities
69.09  Truck Parking Limited

69.01    PARK ADJACENT TO CURB.  No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the right-hand wheels of the vehicle within eighteen (18) inches of the curb or edge of the roadway except as hereinafter provided in the case of angle parking and vehicles parked on the left-hand side of one-way streets.

(Code of Iowa, Sec. 321.361)

69.02    PARK ADJACENT TO CURB — ONE-WAY STREET.  No person shall stand or park a vehicle on the left-hand side of a one-way street other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the left-hand wheels of the vehicle within eighteen (18) inches of the curb or edge of the roadway except as hereinafter provided in the case of angle parking.

(Code of Iowa, Sec. 321.361)

69.03    DIAGONAL PARKING.  Angle or diagonal parking is permitted only in the following locations:

(Code of Iowa, Sec. 321.361)

1.            Adams Street from Division Street to Walnut Street;

2.            Pine Street from Adams Street to Howard Street;

3.            Mills Street, on the north side, from Maple Street to Pine Street.

69.04    ANGLE PARKING — MANNER.  Upon those streets or portions of streets which have been signed or marked for angle parking, no person shall park or stand a vehicle other than at an angle to the curb or edge of the roadway or in the center of the roadway as indicated by such signs and markings.  No part of any vehicle, or the load thereon, when parked within a diagonal parking district, shall extend into the roadway more than a distance of sixteen (16) feet when measured at right angles to the adjacent curb or edge of roadway.

(Code of Iowa, Sec. 321.361)

69.05    PARKING FOR CERTAIN PURPOSES ILLEGAL.  No person shall park a vehicle upon public property for more than seventy-two (72) hours or for any of the following principal purposes:

(Code of Iowa, Sec. 321.236 [1])

1.            Sale.  Displaying such vehicle for sale;

2.            Repairing.  For lubricating, repairing or for commercial washing of such vehicle except such repairs as are necessitated by an emergency;

3.            Advertising.  Displaying advertising;

4.            Merchandise Sales.  Selling merchandise from such vehicle except in a duly established market place or when so authorized or licensed under this Code of Ordinances.

69.06    PARKING PROHIBITED.  No one shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or traffic control device, in any of the following places:

1.            Crosswalk.  On a crosswalk.

(Code of Iowa, Sec. 321.358 [5])

2.            Center Parkway.  On the center parkway or dividing area of any divided street.

(Code of Iowa, Sec. 321.236 [1])

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

(Code of Iowa, Sec. 321.236 [1])

4.            Sidewalks.  On or across a sidewalk.

(Code of Iowa, Sec. 321.358 [1])

5.            Driveway.  In front of a public or private driveway.

(Code of Iowa, Sec. 321.358 [2])

6.            Intersection.  Within, or within ten (10) feet of an intersection of any street or alley.

(Code of Iowa, Sec. 321.358 [3])

7.            Fire Hydrant.  Within five (5) feet of a fire hydrant.

(Code of Iowa, Sec. 321.358 [4])

8.            Stop Sign or Signal.  Within ten (10) feet upon the approach to any flashing beacon, stop or yield sign, or traffic control signal located at the side of a roadway.

(Code of Iowa, Sec. 321.358 [6])

9.            Railroad Crossing.  Within fifty (50) feet of the nearest rail of a railroad crossing, except when parked parallel with such rail and not exhibiting a red light.

(Code of Iowa, Sec. 321.358 [8])

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

(Code of Iowa, Sec. 321.358 [9])

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

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

12.            Double Parking.  On the roadway side of any vehicle stopped or parked at the edge or curb of a street.

(Code of Iowa, Sec. 321.358 [11])

13.            Hazardous Locations.  When, because of restricted visibility or when standing or parked vehicles would constitute a hazard to moving traffic, or when other traffic conditions require, the Public Works Director may cause curbs to be painted with a yellow color and erect no parking or standing signs.

(Code of Iowa, Sec. 321.358 [13])

14.            Theatres, Hotels and Auditoriums.  A space of fifty (50) feet is hereby reserved at the side of the street in front of any theatre, auditorium, hotel having more than twenty-five (25) sleeping rooms, hospital, nursing home, taxicab stand, bus depot, church, or other building where large assemblages of people are being held, within which space, when clearly marked as such, no motor vehicle shall be left standing, parked or stopped except in taking on or discharging passengers or freight, and then only for such length of time as is necessary for such purpose.

(Code of Iowa, Sec. 321.360)

15.            Alleys.  No person shall park a vehicle within an alley in the Business District unless the vehicle is actually engaged in loading or unloading goods or services or passengers.

(Code of Iowa, Sec. 321.236[1])

16.            Ramps.  In front of a curb cut or ramp which is located on public or private property in a manner which blocks access to the curb cut or ramp.

(Code of Iowa, Sec. 321.358[15])

17.            Area Between Lot Line and Curb Line.  That area of the public way not covered by sidewalk and lying between the lot line and the curb line, where curbing has been installed.

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

1.            Nonresidential Off-street Facilities.  Nonresidential off-street parking facilities shall set aside handicapped parking spaces in accordance with the following:

A. Municipal off-street public parking facilities or an entity providing nonresidential parking in off-street public parking facilities shall provide not less than two percent (2%) of the total parking spaces in each parking facility as handicapped parking spaces, rounded to the nearest whole number of handicapped parking spaces.  However, such parking facilities having ten (10) or more parking spaces shall set aside at least one handicapped parking space.

(Code of Iowa, Sec. 321L.5[3a])

B. An entity providing off-street nonresidential public parking facilities shall review the utilization of existing handicapped parking spaces for a one-month period not less than once every twelve months.  If upon review, the average occupancy rate for handicapped parking spaces in a facility exceeds sixty percent (60%) during normal business hours, the entity shall provide additional handicapped parking spaces as needed.

(Code of Iowa, Sec. 321L.5[3b])

C. An entity providing off-street nonresidential parking as a lessor shall provide a handicapped parking space to an individual
requesting to lease a parking space, if that individual possesses a handicapped parking permit issued in accordance with Section 321L.2 of the Code of Iowa.

(Code of Iowa, Sec. 321L.5[3c])

D. A new nonresidential facility in which construction has been completed on or after July 1, 1991, providing parking to the general public shall provide handicapped parking spaces as stipulated below:

 

TOTAL PARKING SPACES IN LOT	REQUIRED MINIMUM NUMBER OF HANDICAPPED PARKING SPACES
10 to 25	1
26 to 50	2
51 to 75	3
76 to 100	4
101 to 150	5
151 to 200	6
201 to 300	7
301 to 400	8
401 to 500	9
501 to 1000	*
1001 and over	**
*Two percent (2%) of total **Twenty (20) spaces plus one for each 100 over 1000

(Code of Iowa, Sec. 321L.5[3d])

2.            Residential Buildings and Facilities.  All public and private buildings and facilities, temporary and permanent, which are residences and which provide ten (10) or more tenant parking spaces, excluding extended health care facilities, shall designate at least one handicapped parking space as needed for each individual dwelling unit in which a handicapped person resides.  Residential buildings and facilities which provide public visitor parking of ten (10) or more spaces shall designate handicapped parking spaces in the visitors parking area in accordance with the table contained in subsection (1)(D) of this section.

(IAC, 661-18.7[321L])

3.            Business District.  With respect to any on-street parking areas provided by the City within the business district, not less than two percent (2%) of the total parking spaces within each business district shall be designated as handicapped parking spaces.

(Code of Iowa, Sec. 321L.5[4a])

4.            Other Spaces.  Any other person may set aside handicapped parking spaces on the person’s property provided each parking space is clearly and prominently designated as a handicapped parking space.  No person shall establish any on-street handicapped parking spaces without first obtaining Council approval.

(Code of Iowa, Sec. 321L.5[3e])

5.            Improper Use.  The following uses of a handicapped parking space, located on either public or private property, constitute improper use of a handicapped parking permit, which is a violation of this Code of Ordinances:

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

A. Use by a motor vehicle not displaying a handicapped parking permit;

B. Use by a motor vehicle displaying a handicapped parking permit but not being used by a person in possession of a motor vehicle license with a handicapped designation or a nonoperator's identification card with a handicapped designation (other than a person transporting the handicapped or elderly and the persons being so transported in a vehicle displaying a removable windshield placard in accordance with Section 321L.2[1b] of the Code of Iowa);

C. Use by a motor vehicle in violation of the rules adopted under Section 321L.8 of the Code of Iowa.

69.08    NO PARKING ZONES.  No one shall stop, stand or park a vehicle in any of the following specifically designated no parking zones except when necessary to avoid conflict with other traffic or in compliance with the direction of a peace officer or traffic control signal.

(Code of Iowa, Sec. 321.236 [1])

1.            In all City-owned off-street parking lots between the hours of two o’clock (2:00) a.m. and six o’clock (6:00) a.m.

(Ord. 03-67 – Oct. 03 Supp.)

2.            The portion of the public right-of-way, commonly described as parking, within ten (10) feet of the curb line on both sides of Iowa Highway 25, in the area located between Prairie Street and Spencer Street.

69.09    TRUCK PARKING LIMITED.  No person shall park a motor truck, semi-trailer, or other motor vehicle with trailer attached in violation of the following regulations.  The provisions of this section shall not apply to pick-up, light delivery or panel delivery trucks.  (See also Section 66.03)

(Code of Iowa, Sec. 321.236 [1])

1.            Business District.  Excepting only when such vehicles are actually engaged in the delivery or receiving of merchandise or cargo within the prohibited area, no person shall park or leave unattended such vehicle, on any street within the Business District.  When actually receiving or delivering merchandise or cargo such vehicle shall be stopped or parked in a manner which will not interfere with other traffic.

2.            Residential Areas.  No such vehicle having a capacity in excess of one (1) ton in weight or with a trailer shall be left unattended or parked upon any street or alley of any residential area of the City at any time except for the purpose of loading and unloading, and then only so long as it is necessary for loading and unloading.

3.            Livestock.  All such vehicles used for the transportation of livestock and parked in any residential area shall be housed in a garage.

As used in this section, the term “residential area” means any residential area established by the Zoning Regulations of the City.

69.10    PARKING LIMITED TO TWO HOURS.  It is unlawful to park any vehicle for a continuous period of more than two (2) hours upon the following designated streets:

(Code of Iowa, Sec. 321.236 [1])

1.            Pine Street from Mills Street to Adams Street;

2.            Maple Street from Mills Street to Adams Street;

3.            Elm Street from Mills Street to Adams Street;

4.            Oak Street from Montgomery Street to Adams Street;

5.            Mills Street from Elm Street to Walnut Street;

(Ord. 03-64 – Jun. 03 Supp.)

6.            Montgomery Street from Walnut Street to Division Street;

(Ord. 03-67 – Oct. 03 Supp.)

7.            Adams Street from Walnut Street to New York Avenue;

8.            Adams Street, on the south side, from Pine Street to Walnut Street;

9.            Pine Street parking lot (located between the First National Bank and the Robinson Building), between nine o’clock (9:00) a.m. and five o’clock (5:00) p.m.

10.            West Depot parking lot (located west of City Hall) between nine o’clock (9:00) a.m. and five o’clock (5:00) p.m.

11.            On Pine Street, two parking spaces north of exit driveway of First Federal Savings & Loan Association;

12.            On Pine Street, three parking spaces between exit driveway of First Federal Savings & Loan Association and Mills Street;

13.            On Mills Street, three parking spaces between Pine Street and the entry driveway of First Federal Savings & Loan Association;

14.            On Mills Street, two parking spaces between entry driveway of First Federal Savings & Loan Association and the alley which intersects with Mills Street.

69.11    PARKING LIMITED TO FOUR HOURS.  It is unlawful to park any vehicle for a continuous period of more than four (4) hours upon the following designated streets:

1.            East Depot parking lot (located east of City Hall) except for the east side of lot reserved for use by City vehicles;

2.            West Depot parking lot (located west of City Hall) — only the back lane of parking closest to the railroad.

69.12    PARKING LIMITED AS POSTED.  When any vehicle is parked on the east side of Pine Street from its intersection with Adams Street to the intersection of the east-west alley lying between Montgomery and Adams Street, said vehicles shall be parked in accordance with the signs and street and curb marking lines as provided in such area.  Said parking space may be used by such vehicle during the designated time period and said vehicle shall be considered as illegally parked if it remains in said space longer than the period designated on the signs marking the parking area. 

69.13    LOADING ZONES. 

1.            The first parking space on the north side of Montgomery Street west of Elm Street has been established as a loading zone. 

2.            There is also a loading zone established in front of Creston Auto on Adams Street, with a 15-minute parking limit, located between the two overhead doors in front of Creston Auto.

69.14    HOURS OF PARKING.  Unless otherwise specified, the regulations controlling parking shall pertain only between the hours of nine o’clock (9:00) a.m. and six o’clock (6:00) p.m. on all days except Sunday and legal holidays, and upon order of the Council.  During the times in which parking is not being controlled under this chapter, all vehicles shall be parked between the designated lines in the same manner as is required during other times.

For the purpose of facilitating the removal of snow and to assist in the proper cleaning of streets in the area designated in Section 69.10(1-8), the following limitations and restrictions are imposed all year around:

1.            On the street sides where buildings bear even numbers, that is, on the south and west sides of all designated streets, parking is prohibited on all odd numbered days from one o’clock (1:00) a.m. to seven o’clock (7:00) a.m.

2.            On the street sides where buildings bear odd numbers, that is, on the north and east sides of all designated streets, parking is prohibited on the even numbered days from one o’clock (1:00) a.m. to seven o’clock (7:00) a.m.

(Ord. 03-67 – Oct. 03 Supp.)

69.15    SNOW REMOVAL.  For the purpose of facilitating the removal of snow from the streets and making it possible to keep the streets open and free from obstructions, the following limitations and restrictions are imposed from November 15 each year to March 31 of the following year:

1.            On the street sides where buildings bear even numbers, that is, on the south and west sides of all streets, parking is prohibited on all odd numbered days from one o’clock (1:00) a.m. to seven o’clock (7:00) a.m.

2.            On the street sides where buildings bear odd numbers, that is, on the north and east sides of all streets, parking is prohibited on the even numbered days from one o’clock (1:00) a.m. to seven o’clock (7:00) a.m.

69.16    SNOW ROUTES.  The Council may designate certain streets in the City as snow routes.  When conditions of snow or ice exist on the traffic surface of a designated snow route, it is unlawful for the driver of a vehicle to impede or block traffic.

(Code of Iowa, Sec. 321.236[12])

69.17    CONTROLLED ACCESS FACILITIES.  Parking restrictions on controlled access facilities are as specified in Chapter 140 of this Code of Ordinances.

° ° ° ° ° ° ° ° ° °

CHAPTER 70

TRAFFIC CODE ENFORCEMENT PROCEDURES

70.01  Arrest or Citation	70.04  Parking Violations:  Vehicle Unattended
70.02  Scheduled Violations	70.05  Presumption in Reference to Illegal Parking
70.03  Parking Violations:  Alternate	70.06  Impounding Vehicles

70.01    ARREST OR CITATION.  Whenever a peace officer has reasonable cause to believe that a person has violated any provision of the Traffic Code, such officer may:

1.            Immediate Arrest.  Immediately arrest such person and take such person before a local magistrate, or

2.            Issue Citation.  Without arresting the person, prepare in quintuplicate a combined traffic citation and complaint as adopted by the Iowa Commissioner of Public Safety and deliver the original and a copy to the court where the defendant is to appear, two copies to the defendant and retain the fifth copy for the records of the City.

(Code of Iowa, Sec. 805.6, 321.485)

70.02    SCHEDULED VIOLATIONS.   For violations of the Traffic Code which are designated by Section 805.8 of the Code of Iowa to be scheduled violations, the scheduled fine for each of those violations shall be as specified in Section 805.8 of the Code of Iowa.

(Code of Iowa, Sec. 805.6, 805.8)

70.03    PARKING VIOLATIONS: ALTERNATE.  Admitted violations of parking restrictions imposed by Chapter 69 of the City Code of Ordinances may be charged upon a simple notice of a fine payable at the office of the Law Enforcement Dispatcher.  This simple notice of a fine shall be in the amount of $25.00 for all violations except for the improper use of a handicapped parking permit.  The simple notice of a fine for improper use of a handicapped parking permit is $100.00.  Failure to pay the simple notice of fine shall be grounds for filing a complaint in District Court.                                    (Ord. 03-65 – Sep. 03 Supp.)

(Code of Iowa, Sec. 321.236 [1a])

70.04    PARKING VIOLATIONS: VEHICLE UNATTENDED.  When a vehicle is parked in violation of any provision of the Traffic Code, and the driver is not present, the notice of fine or citation as herein provided shall be attached to the vehicle in a conspicuous place.

70.05    PRESUMPTION IN REFERENCE TO ILLEGAL PARKING.  In any proceeding charging a standing or parking violation, a prima facie presumption that the registered owner was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred, shall be raised by proof that:

1.            Described Vehicle.  The particular vehicle described in the information was parked in violation of the Traffic Code, and

2.            Registered Owner.  The defendant named in the information was the registered owner at the time in question.

70.06    IMPOUNDING VEHICLES.  A peace officer is hereby authorized to remove, or cause to be removed, a vehicle from a street, public alley, public parking lot or highway to the nearest garage or other place of safety, or to a garage designated or maintained by the City, under the circumstances hereinafter enumerated:

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

(Code of Iowa, Sec. 321.236 [1])

2.            Illegally Parked Vehicle.  When any vehicle is left unattended and is so illegally parked as to constitute a definite hazard or obstruction to the normal movement of traffic.

(Code of Iowa, Sec. 321.236 [1])

3.            Snow Removal.  When any vehicle is left parked in violation of a ban on parking during snow removal operations.

4.            Parked Over Seventy-two  Hour Period.  When any vehicle is left parked for a continuous period of seventy-two (72) hours or more.  A diligent effort shall first be made to locate the owner.  If the owner is found the owner shall be given an opportunity to remove the vehicle.

(Code of Iowa, Sec. 321.236 [1])

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

(Code of Iowa, Sec. 321.236 [1])

[The next page is 341]

CHAPTER 75

ALL-TERRAIN VEHICLES AND SNOWMOBILES

75.01  Purpose	75.05  Operation of All-Terrain Vehicles
75.02  Definitions	75.06  Negligence
75.03  General Regulations	75.07  Accident Reports
75.04  Operation of Snowmobiles

75.01    PURPOSE.  The purpose of this chapter is to regulate the operation of all-terrain vehicles and snowmobiles within the City.

75.02    DEFINITIONS.  For use in this chapter the following terms are defined:

1.                  “All-terrain vehicle” or “ATV” means a motorized flotation-tire vehicle, with not less than three (3) and not more than six (6) low pressure tires, that is limited in engine displacement to less than one thousand (1,000) cubic centimeters and in total dry weight to less than  one thousand (1,000) pounds and that has a seat or saddle designed to be straddled by the operator and handlebars for steering control. 

(Code of Iowa, Sec. 321I.1)

2.                  “Off-road motorcycle” means a two-wheeled motor vehicle that has a seat or saddle designed to be straddled by the operator and handlebars for steering control and that is intended by the manufacturer for use on natural terrain.  “Off-road motorcycle” includes a motorcycle that was originally issued a certificate of title and registered for highway use under Chapter 321 of the Code of Iowa, but which contains design features that enable operation over natural terrain.  An operator of an off-road motorcycle is also subject to the provisions of this chapter governing the operation of all-terrain vehicles.

(Code of Iowa, Sec. 321I.1)

3.                  “Off-road utility vehicle” means a motorized flotation-tire vehicle, with not less than four (4) and not more than six (6) low pressure tires, that is limited in engine displacement to less than one thousand five hundred (1,500) cubic centimeters and in total dry weight to not more than one thousand eight hundred (1,800) pounds and that has a seat that is of bench design, not intended to be straddled by the operator, and a steering wheel for control.  An operator of an off-road utility vehicle is also subject to the provisions of this chapter governing the operation of all-terrain vehicles. 

(Code of Iowa, Sec. 321I.1)

4.                  “Snowmobile” means a motorized vehicle weighing less than one thousand (1,000) pounds which uses sled-type runners or skis, endless belt-type tread with a width of forty-eight (48) inches or less, or any combination of runners, skis or tread, and is designed for travel on snow or ice.  “Snowmobile” does not include an all-terrain vehicle which has been altered or equipped with runners, skis, belt-type tracks or treads.

(Code of Iowa, Sec. 321G.1)

75.03    GENERAL REGULATIONS.  No person shall operate an ATV, off-road motorcycle or off-road utility vehicle within the City in violation of Chapter 321I of the Code of Iowa or a snowmobile within the City in violation of the provisions of Chapter 321G of the Code of Iowa or in violation of rules established by the Natural Resource Commission of the Department of Natural Resources governing their registration, equipment and manner of operation.

(Code of Iowa, Ch. 321G & Ch. 321I)

75.04    OPERATION OF SNOWMOBILES.  The operators of snowmobiles shall comply with the following restrictions as to where snowmobiles may be operated within the City:

1.            Streets.  Snowmobiles shall be operated only upon streets which have not been plowed during the snow season and on the following streets for the purpose of getting in and out of the City:

A. Cedar Street from the north City limits to the underpass, then Chestnut Street to Highway 34;

B. Prairie Street from Cedar Street to Lincoln Street;

C. Lincoln Street from Highway 25 to Adams Street; west on Adams Street to west City limits;

D. East McKinley Park Road from Adams Street to south City limits;

E. South Cherry Street from Fremont Street to south City limits;

F. Fremont Street from South Chestnut Street to New York Avenue; north to Adams Street; Adams Street west to City limits; and

G. Townline Street from Cedar Street to Osage Street.

H. On any other street by the utilization of the shortest and most direct route from a point of origin to one of the streets set out above or from one of the streets set out above to a point of destination.

(Code of Iowa, Sec. 321G.9[4a])

2.            Exceptions.  Snowmobiles may be operated on prohibited streets only under the following circumstances:

A.                 Emergencies.  Snowmobiles may be operated on any street in an emergency during the period of time when and at locations where snow upon the roadway renders travel by conventional motor vehicles impractical.

(Code of Iowa, Sec. 321G.9[4c])

B.                 Direct Crossing.  Snowmobiles may make a direct crossing of a prohibited street provided all of the following occur:

(1) The crossing is made at an angle of approximately ninety degrees (90°) to the direction of the street and at a place where no obstruction prevents a quick and safe crossing;

(2) The snowmobile is brought to a complete stop before crossing the street;

(3) The driver yields the right-of-way to all on-coming traffic which constitutes an immediate hazard; and

(4) In crossing a divided street, the crossing is made only at an intersection of such street with another street.

(Code of Iowa, Sec. 321G.9[2])

3.            Railroad Right-of-way.  Snowmobiles shall not be operated on an operating railroad right-of-way.  A snowmobile may be driven directly across a railroad right-of-way only at an established crossing and notwithstanding any other provisions of law may, if necessary, use the improved portion of the established crossing after yielding to all oncoming traffic.

(Code of Iowa, Sec. 321G.13[1h])

4.            Trails.  Snowmobiles shall not be operated on all-terrain vehicle trails except where so designated.

(Code of Iowa, Sec. 321G.9[4f])

5.            Parks and Other City Land.  Snowmobiles shall not be operated in any park, playground or upon any other City-owned property without the express permission of the City.  A snowmobile shall not be operated on any City land without a snow cover of at least one-tenth of one inch.

6.            Sidewalk or Parking.  Snowmobiles shall not be operated upon the public sidewalk or that portion of the street located between the curb line and the sidewalk or property line commonly referred to as the “parking” except for purposes of crossing the same to a public street upon which operation is authorized by this chapter.

75.05    OPERATION OF ALL-TERRAIN VEHICLES.  The operators of ATVs shall comply with the following restrictions as to where ATVs may be operated within the City:

1.         Streets.  ATVs may be operated on streets only in accordance with Section 321.234A of the Code of Iowa or on such streets as may be designated by resolution of the Council for the sport of driving ATVs.

(Code of Iowa, Sec. 321I.10[1 & 3])

2.         Trails.  ATVs shall not be operated on snowmobile trails except where designated.

(Code of Iowa, Sec. 321I.10[4])

3.            Railroad Right-of-way.  ATVs shall not be operated on an operating railroad right-of-way.  An ATV may be driven directly across a railroad right-of-way only at an established crossing and notwithstanding any other provisions of law may, if necessary, use the improved portion of the established crossing after yielding to all oncoming traffic.

(Code of Iowa, Sec. 321I.14[1h])

4.            Parks and Other City Land.  ATVs shall not be operated in any park, playground or upon any other City-owned property without the express permission of the City. 

5.            Sidewalk or Parking.  ATVs shall not be operated upon the public sidewalk or that portion of the street located between the curb line and the sidewalk or property line commonly referred to as the “parking.”

75.06    NEGLIGENCE.  The owner and operator of an ATV or snowmobile are liable for any injury or damage occasioned by the negligent operation of the ATV or snowmobile.  The owner of an ATV or snowmobile shall be liable for any such injury or damage only if the owner was the operator of the ATV or snowmobile at the time the injury or damage occurred or if the operator had the owner’s consent to operate the ATV or snowmobile at the time the injury or damage occurred.

(Code of Iowa, Sec. 321G.18 & 321I.19)

75.07    ACCIDENT REPORTS.  Whenever an ATV or snowmobile is involved in an accident resulting in injury or death to anyone or property damage amounting to one thousand dollars ($1000.00) or more, either the operator or someone acting for the operator shall immediately notify a law enforcement officer and shall file an accident report, in accordance with State law.

(Code of Iowa, Sec. 321G.10 & 321I.11)

(Ch. 75 – Ord. 07-102 – Dec. 07 Supp.)

CHAPTER 76

BICYCLE REGULATIONS

76.01  Scope of Regulations	76.09  Riding on Sidewalks
76.02  Traffic Code Applies	76.10  Pedestrian Bridge
76.03  Double Riding Restricted	76.11  Towing
76.04  Two Abreast Limit	76.12  Improper Riding
76.05  Bicycle Paths	76.13  Parking
76.06  Speed	76.14  Equipment Requirements
76.07  Emerging from Alley or Driveway	76.15  Special Penalty
76.08  Carrying Articles

76.01    SCOPE OF REGULATIONS.  These regulations shall apply whenever a bicycle is operated upon any street or upon any public path set aside for the exclusive use of bicycles, subject to those exceptions stated herein.

(Code of Iowa, Sec. 321.236 [10])

76.02    TRAFFIC CODE APPLIES.  Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of the State declaring rules of the road applicable to vehicles or by the traffic code of the City applicable to the driver of a vehicle, except as to those provisions which by their nature can have no application.  Whenever such person dismounts from a bicycle the person shall be subject to all regulations applicable to pedestrians.

(Code of Iowa, Sec. 321.234)

76.03    DOUBLE RIDING RESTRICTED.  A person propelling a bicycle shall not ride other than astride a permanent and regular seat attached thereto.  No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.

(Code of Iowa, Sec. 321.234 [3 and 4])

76.04    TWO ABREAST LIMIT.  Persons riding bicycles upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

(Code of Iowa, Sec. 321.236 [10])

76.05    BICYCLE PATHS.  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.

(Code of Iowa, Sec. 321.236 [10])

76.06    SPEED.  No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing.

(Code of Iowa, Sec. 321.236 [10])

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

(Code of Iowa, Sec. 321.236 [10])

76.08    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.

(Code of Iowa, Sec. 321.236 [10])

76.09    RIDING ON SIDEWALKS.  The following shall apply to riding bicycles on sidewalks:

1.            Business District.  No person shall ride a bicycle upon a sidewalk within the Business District, as defined in Section 60.02(1) of this Code of Ordinances.

(Code of Iowa, Sec. 321.236 [10])

2.            Other Locations.  When signs are erected on any sidewalk or roadway prohibiting the riding of bicycles thereon by any person, no person shall disobey the signs.

(Code of Iowa, Sec. 321.236 [10])

3.            Yield Right-of-Way.  Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing.

(Code of Iowa, Sec. 321.236 [10])

76.10    PEDESTRIAN BRIDGE.  It is unlawful for any person to ride a bike or moped on the pedestrian crossing known as the Levy Street crossing located at the intersection of Levy Street and Sycamore Street and which runs to a line east of Sycamore street sixty (60) feet from its intersection with Levy Street.  This crossing is a pedestrian bridge only.

76.11    TOWING.  It is unlawful for any person riding a bicycle to be towed or to tow any other vehicle upon the streets of the City.

76.12    IMPROPER RIDING.  No person shall ride a bicycle in an irregular or reckless manner such as zigzagging, stunting, speeding or otherwise so as to disregard the safety of the operator or others.

76.13    PARKING.  No person shall park a bicycle upon a street other than upon the roadway against the curb or upon the sidewalk in a rack to support the bicycle or against a building or at the curb, in such a manner as to afford the least obstruction to pedestrian traffic.

(Code of Iowa, Sec. 321.236 [10])

76.14    EQUIPMENT REQUIREMENTS.  Every person riding a bicycle shall be responsible for providing and using equipment as provided herein:

1.            Lamps Required.  Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least three hundred (300) feet to the front and with a lamp on the rear exhibiting a red light visible from a distance of three hundred (300) feet to the rear except that a red reflector on the rear, of a type which shall be visible from all distances from fifty (50) feet to three hundred (300) feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle, may be used in lieu of a rear light.

(Code of Iowa, Sec. 321.397)

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

(Code of Iowa, Sec. 321.236 [10])

76.15    SPECIAL PENALTY.  Any person violating the provisions of this chapter may, in lieu of the scheduled fine for bicyclists or standard penalty provided for violations of the Code of Ordinances, allow the person’s bicycle to be impounded by the City for not less than five (5) days for the first offense, ten (10) days for a second offense and thirty (30) days for a third offense.

° ° ° ° ° ° ° ° ° °

CHAPTER 77

SCOOTERS, SKATEBOARDS,
ROLLER SKATES AND IN-LINE SKATES

77.01  Definitions	77.03  Use of Sidewalks
77.02  Operation Prohibited in Certain Areas	77.04  Use on Streets
	77.05  Penalty

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

1.            “Roller skates” or “in-line skates” means skates with wheels instead of a runner;

2.            “Scooter” means a device having two wheels and a low footboard which is steered by a handlebar and is propelled by pushing one foot against the ground while resting the other on the footboard;

3.            “Skateboard” means a device consisting of a short oblong piece of wood, plastic or aluminum mounted on large roller skate wheels used for riding upon while standing.

77.02    OPERATION PROHIBITED IN CERTAIN AREAS.  No person shall ride or operate any scooter, skateboard or roller skates or in-line skates upon the sidewalks and streets within the Business District as defined in Section 60.02(1) of this Code of Ordinances or in an area described as follows:

Properties on both sides of the streets within the following area:

Adams Street to Broad Street, to Jefferson Street, to New York Avenue, to Adams Street.

77.03    USE ON SIDEWALKS.  Whenever any person is using a scooter, skateboard or roller skates or in-line skates on any other sidewalk, such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.

77.04    USE ON STREETS.  Whenever any person is using a scooter, skateboard or roller skates or in-line skates on any other street, such person shall:

1.            Observe all traffic control devices and be subject to all the duties applicable to the use of vehicles as required by statute or ordinance;

2.            Stay as near to the right-hand side of the roadway as possible, exercising due care when passing a standing vehicle or one proceeding in the same direction.

77.05    PENALTY.  The skateboard, roller skates or in-line skates of any person violating the provisions of this chapter may be impounded by the Police Chief for not less than five (5) days for the first offense, ten (10) days for a second offense and thirty (30) days for each offense thereafter.  As used in this section, “impound” means that the Police Chief or any officer of the Police Department shall seize the skateboard, roller skates or in-line skates and hold he same in legal custody for the term required for a violation of this chapter.

 

(Ch. 77 – Ord. 05-86 – Jul. 05 Supp.)

CHAPTER 80

ABANDONED VEHICLES

80.01  Definitions	80.06  Fees for Impoundment
80.02  Authority to Take Possession of Abandoned Vehicles	80.07  Disposal of Abandoned Vehicles
80.03  Notice by Mail	80.08  Disposal of Totally Inoperable Vehicles
80.04  Notification in Newspaper	80.09  Proceeds from Sales
80.05  Extension of Time	80.10  Duties of Demolisher

80.01    DEFINITIONS.  For use in this chapter the following terms are defined:

1.            “Abandoned vehicle” means any of the following:

(Code of Iowa, Sec. 321.89[1b])

A. A vehicle that has been left unattended on public property for more than twenty-four (24) hours and lacks current registration plates or two (2) or more wheels or other parts which renders the vehicle totally inoperable.

B. A vehicle that has remained illegally on public property for more than twenty-four (24) hours.

C. A vehicle that has been unlawfully parked or placed on private property without the consent of the owner or person in control of the property for more than twenty-four (24) hours.

D. A vehicle that has been legally impounded by order of a police authority and has not been reclaimed for a period of ten (10) days.  However, a police authority may declare the vehicle abandoned within the ten-day period by commencing the notification process.

E. Any vehicle parked on the highway determined by a police authority to create a hazard to other vehicle traffic.

F. A vehicle that has been impounded pursuant to Section 321J.4B of the Code of Iowa by order of the court and whose owner has not paid the impoundment fees after notification by the person or agency responsible for carrying out the impoundment order.

2.            “Demolisher” means any city or public agency organized for the disposal of solid waste, or any person whose business it is to convert a vehicle to junk, processed scrap or scrap metal, or otherwise to wreck, or dismantle vehicles.

3.            “Police authority” means the Iowa highway safety patrol or any law enforcement agency of a county or city.

(Code of Iowa Sec. 321.89[1a])

80.02    AUTHORITY TO TAKE POSSESSION OF ABANDONED VEHICLES.  A police authority, upon the authority’s own initiative or upon the request of any other authority having the duties of control of highways or traffic, shall take into custody an abandoned vehicle on public property and may take into custody an abandoned vehicle on private property.  A police authority taking into custody an abandoned vehicle which has been determined to create a traffic hazard shall report the reasons constituting the hazard in writing to the appropriate authority having duties of control of the highway.  The police authority may employ its own personnel, equipment and facilities or hire a private entity, equipment and facilities for the purpose of removing, preserving, storing, or disposing of abandoned vehicles.  If a police authority employs a private entity to dispose of abandoned vehicles, the police authority shall provide the private entity with the names and addresses of the registered owners, all lienholders of record, and any other known claimant to the vehicle or the personal property found in the vehicle.

(Code of Iowa, Sec. 321.89[2])

80.03    NOTICE BY MAIL.  The police authority or private entity which takes into custody an abandoned vehicle shall notify, within twenty (20) days, by certified mail, 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 describe the year, make, model and serial number of the vehicle, describe the personal property found in the vehicle, set forth the location of the facility where the vehicle is being held, and inform the persons receiving the notice of their right to reclaim the vehicle and personal property within ten (10) days after the effective date of the notice upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody and upon payment of the costs of the notice.  The notice shall also state that the failure of the owner, lienholders or claimants to exercise their right to reclaim the vehicle or personal property within the time provided shall be deemed a waiver by the owner, lienholders and claimants of all right, title, claim and interest in the vehicle or personal property and that failure to reclaim the vehicle or personal property is deemed consent to the sale of the vehicle at a public auction or disposal of the vehicle to a demolisher and to disposal of the personal property by sale or destruction.  The notice shall state that any person claiming rightful possession of the vehicle or personal property who disputes the planned disposition of the vehicle or property by the police authority or private entity or of the assessment of fees and charges provided by this section may ask for an evidentiary hearing before the police authority to contest those matters.  If the persons receiving the notice do not ask for a hearing or exercise their right to reclaim the vehicle or personal property within the ten (10) day reclaiming period, the owner, lienholders or claimants shall no longer have any right, title, claim, or interest in or to the vehicle or the personal property.  A court in any case in law or equity shall not recognize any right, title, claim, or interest of the owner, lienholders or claimants after the expiration of the ten (10) day reclaiming period.

(Code of Iowa, Sec. 321.89[3a])

80.04    NOTIFICATION IN NEWSPAPER.  If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned shall be sufficient to meet all requirements of notice under Section 80.03.  The published notice may contain multiple listings of abandoned vehicles and personal property but shall be published within the same time requirements and contain the same information as prescribed for mailed notice in Section 80.03.

(Code of Iowa, Sec. 321.89[3b])

80.05    EXTENSION OF TIME.  The owner, lienholders or claimants may, by written request delivered to the police authority or private entity prior to the expiration of the ten (10) day reclaiming period, obtain an additional five (5) days within which the motor vehicle or personal property may be reclaimed.

(Code of Iowa, Sec. 321.89[3c])

80.06    FEES FOR IMPOUNDMENT.  The owner, lienholder or claimant shall pay three dollars ($3.00) if claimed within five (5) days of impounding, plus one dollar ($1.00) for each additional day within the reclaiming period plus towing charges if stored by the City, or towing and storage fees, if stored in a public garage, whereupon said vehicle shall be released.  The amount of towing charges, and the rate of storage charges by privately owned garages, shall be established by such facility.

(Code of Iowa, Sec. 321.89[3a])

80.07    DISPOSAL OF ABANDONED VEHICLES.  If an abandoned vehicle has not been reclaimed as provided herein, the police authority or private entity shall make a determination as to whether or not the motor vehicle should be sold for use upon the highways, and shall dispose of the motor vehicle in accordance with State law.

(Code of Iowa, Sec. 321.89[4])

80.08    DISPOSAL OF TOTALLY INOPERABLE VEHICLES.  The City or any person upon whose property or in whose possession is found any abandoned motor vehicle, or any person being the owner of a motor vehicle whose title certificate is faulty, lost or destroyed, may dispose of such motor vehicle to a demolisher for junk, without a title and without notification procedures, if such motor vehicle lacks an engine or two (2) or more wheels or other structural part which renders the vehicle totally inoperable.  The police authority shall give the applicant a certificate of authority.  The applicant shall then apply to the County Treasurer for a junking certificate and shall surrender the certificate of authority in lieu of the certificate of title.

(Code of Iowa, Sec. 321.90[2e])

80.09    PROCEEDS FROM SALES.  Proceeds from the sale of any abandoned vehicle shall be applied to the expense of auction, cost of towing, preserving, storing and notification required, in accordance with State law.  Any balance shall be held for the owner of the motor vehicle or entitled lienholder for ninety (90) days, and then shall be deposited in the State Road Use Tax Fund.  Where the sale of any vehicle fails to realize the amount necessary to meet costs the police authority shall apply for reimbursement from the Department of Transportation.

 (Code of Iowa, Sec. 321.89[4])

80.10    DUTIES OF DEMOLISHER.  Any demolisher who purchases or otherwise acquires an abandoned motor vehicle for junk shall junk, scrap, wreck, dismantle or otherwise demolish such motor vehicle.  A demolisher shall not junk, scrap, wreck, dismantle or demolish a vehicle until the demolisher has obtained the junking certificate issued for the vehicle.

(Code of Iowa, Sec. 321.90[3a])

CHAPTER 81

RAILROAD REGULATIONS

81.01  Definitions	81.03  Obstructing Streets
81.02  Warning Signals	81.04  Crossing Maintenance

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

1.            “Railroad train” means an engine or locomotive, with or without cars coupled thereto, operated upon rails.

(Code of Iowa, Sec. 321.1 [29])

2.            “Operator” means any individual, partnership, corporation or other association which owns, operates, drives or controls a railroad train.

81.02    WARNING SIGNALS.  Operators shall sound a horn at least one thousand (1,000) feet before a street crossing is reached and after sounding the horn, shall ring the bell continuously until the crossing is passed.

(Code of Iowa, Sec. 327G.13)

81.03    OBSTRUCTING STREETS.  Operators shall not operate any train in such a manner as to prevent vehicular use of Elm Street and New York Avenue for a period of time in excess of ten (10) minutes except:

(Code of Iowa, Sec. 327G.32)

1.            Comply with Signals.  When necessary to comply with signals affecting the safety of the movement of trains.

2.            Avoid Striking.  When necessary to avoid striking any object or person on the track.

3.            Disabled.  When the train is disabled.

4.            Safety Regulations.  When necessary to comply with governmental safety regulations including, but not limited to, speed ordinances and speed regulations.

5.            In Motion.  When the train is in motion except while engaged in switching operations.

6.            No Traffic.  When there is no vehicular traffic waiting to use the crossing. 

Operators violating any provision of this section shall be guilty of a misdemeanor.  An employee shall not be guilty of such violation if the action was necessary to comply with the direct order or instructions of a railroad corporation or its supervisors.  Such guilt shall then be with the railroad corporation.

81.04    CROSSING MAINTENANCE.  Operators shall construct and maintain good, sufficient and safe crossings over any street traversed by their rails.

(Bourett vs. Chicago & N.W. Ry. 152 Iowa 579, 132 N.W. 973 [1943])

(Code of Iowa, Sec. 364.11)

 

 

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